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To agree to the disposal by way of lease of
the Town Square Crediton to Crediton Town Council
Decision Maker: Cabinet
Made at meeting: 30/11/2021 - Cabinet
Decision published: 03/12/2021
Effective from: 08/12/2021
Decision:
The Cabinet had before it a *report of the Corporate Manager for Property, Leisure and Climate Change seeking approval for the lease of the Town Square Crediton to Crediton Town Council.
The Cabinet Member for Housing and Property Services outlined the contents of the report.
RESOLVED that the lease of the Town Square, Crediton to Crediton Town Council be approved.
(Proposed by the Chairman)
Reason for the decision – there is a need for formal approval to lease the Town Square, Crediton to the Town Council.
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Andrew Busby
To consider a report outlining the work of the
partnership
Decision Maker: Cabinet
Made at meeting: 30/11/2021 - Cabinet
Decision published: 03/12/2021
Effective from: 08/12/2021
Decision:
The Cabinet had before it a * report of the Deputy Chief Executive (S151) seeking approval to enter into a long term partnership with Devon County Council to provide procurement advice and support to the Council.
The Cabinet Member for Finance outlined the contents of the report stating that since April, the council had been without a Procurement Manager. Attempts to recruit had failed to attract sufficient interest from quality candidates. Therefore, the Council had been utilising support from Devon County Council. The report therefore sought Cabinet approval to take the pragmatic step and make that support arrangement more formal through to March 2027, taking advantage of the economies of scale and reducing the risk of a single point of failure.
RESOLVED that: approval be given to enter into the long term procurement partnership with Devon County Council.
(Proposed by Cllr B A Moore and seconded by Cllr C R Slade)
Reason for the decision: to approve the work of this partnership proposal
Note: *report previously circulated, copy attached to minutes.
Lead officer: Andrew Jarrett
To receive a draft variation of the PSPO to include the land identified by Hemyock for consideration for consultation
Decision Maker: Cabinet
Made at meeting: 30/11/2021 - Cabinet
Decision published: 03/12/2021
Effective from: 08/12/2021
Decision:
The Cabinet had before it a *report of the Operations Manager for Street Scene and Open Spaces considering whether to make a proposed variation to the Mid Devon (Public Spaces Protection) (Dog Control) Order 2021.
The Chairman indicated that approval was required for further consultation and consideration of responses would be required before the Order is made, to add two locations to the list of areas in the PSPO where dogs are only allowed on leads, add one location to the list of areas in the PSPO where dogs are excluded; and correct a plan within the existing PSPO which shows the wrong area of land.
The Cabinet Member for the Environment and Climate Change stated that there were a small number of omissions that required rectifying.
RESOLVED that:
1. On being satisfied that the statutory grounds for varying the Mid Devon (Public Spaces Protection) (Dog Control) Order 2021 are met as detailed in the Report, it was agreed to commence public consultation on the proposed variation order (Appendix A) which will:
(a) designate the Locations in Hemyock, as shown on the plans attached to this report at Appendix B and Appendix C, as areas where dogs are only allowed if on leads,
(b) designate the Location in Kentisbeare, as shown on the plan attached to this report at Appendix D, as an area where dogs are excluded, and
(c) amend Plan 82 of the PSPO to show the play area at Siskin Chase, Cullompton.
2. In the event that there are no material objections to the variation order as determined by the Operations Manager for Street Scene and Open Spaces in consultation with the Cabinet Member for the Environment and Climate Change to grant delegated authority to the Operations Manager for Legal and Monitoring to make the Variation Order (subject to any minor variations as he/she considers appropriate).
3. In the event that the above delegation is not exercised, the matter be reported back to Cabinet for consideration.
(Proposed by Cllr C R Slade and seconded by Cllr R J Chesterton)
Reason for the decision – there is a need for the variation to the PSPO to be consulted upon and if approved form part of the original PSPO.
Note: *Report previously circulated, copy attached to minutes.
To receive the 3 Rivers Development Ltd Business Plan.
Decision Maker: Cabinet
Made at meeting: 30/11/2021 - Cabinet
Decision published: 03/12/2021
Effective from: 08/12/2021
Decision:
The Cabinet had before it a *report with regard to the 3 Rivers Developments Limited Business Plan.
The Deputy Chief Executive (S151) provided a response to the question asked in public question time: the table that Mr Quinn refers to shows a summary of the inter related transactions between 3Rivers and the Council which was presented to the Audit and Scrutiny Committees at meetings in November, which unfortunately did contain some numeric typos.
The table shown in the agenda before members today (item 19) has amended these errors, however and unfortunately it is clear to see that one digit has been omitted from the column showing the 2017/18 - 2018/19 figures – it should read 271.0 not 71.0. The summary totals shown in the far right column are correct. As far as the accuracy of all of the financial transactions between the 2 entities – this is subject to full external audit by Grant Thornton. So I believe that the public should have no concerns.
The Cabinet Member for Housing and Property Services outlined the contents of the initial report stating that this was the first full business plan following recommendations made by the previous Cabinet and informed the meeting of the 33 recommendations that had come from a review of the company.
He outlined the comments made by the Scrutiny and Audit Committees as follows:
Scrutiny Committee – 8 November 2021
Members had raised questions with regard to the availability of certain sites for development, the need for the report on the possible creation of a Teckal company to be considered and noted that the financial risk of the company would be considered by the Audit Committee
Audit Committee – 16 November 2021
Having considered the Business Plan, the Committee made the following recommendations to the Cabinet:
a. That the language used within the Business Plan be written in such a way as to be as understandable as possible and that all acronyms used to be explained by way of a Glossary of Terms;
b. That an external audit firm be appointed by the company to audit the company’s financial statements;
c. That the Cabinet continue to closely monitor the progress of the company’s Business Plan reporting any areas of concern, particularly relating to lending, back to Council.
Referring to the recommendations set out above he stated the business plan outlined the sites that were being considered and that a report with regard to the possible creation of a Teckal company would be brought before Cabinet in January. With regard to the comments of the Audit Committee, he informed the meeting that a glossary of terms would be provided in the future; the company were progressing an external audit function and that he and the Cabinet Member for Finance would continue to monitor the work of the company and provide an update to the Cabinet on a regular basis.
Consideration was given to the table at 2.5 within the report and the corrections as explained above also that the ‘Actuals’ were for the 7 months in the current financial year.
The Chairman indicated that discussion with regard to this item, may require the Committee to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Committee would need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information.
RESOLVED that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information)
(Proposed by the Chairman)
Having considered the business plan, the Cabinet returned to open session and:
RESOLVED that the 3 Rivers Development Ltd Business Plan be endorsed and the inclusion of the associated borrowing requirement of £19.66m shown for 2022/23 in the Council’s General Fund, Capital Programme and Treasury Strategy budgets be approved. Also that the total gross funding envelope included for 2023/24 to 2026/27 of £51.95m be NOTED
(Proposed by the Chairman)
Notes: *Report previously circulated.
To consider the outcome of the Levelling Up
Fund bid
Decision Maker: Cabinet
Made at meeting: 30/11/2021 - Cabinet
Decision published: 03/12/2021
Effective from: 08/12/2021
Decision:
The Cabinet had before it a * report of the Director of Place provided in relation to the LUF (Levelling-up Fund) application and requesting approval of the recommendations in order to allow officers to continue to examine potential opportunities to secure the additional funding required to support the delivery of the Cullompton town centre relief road.
The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that the council had been informed that it had not been successful in securing the Levelling Up funding to support the Cullompton town centre relief road project, the reasons for this at the current time were unknown, but a meeting with the Ministry had been requested; it was hoped that this would allow officers to understand any technical aspects in the bid which had resulted in the application being unsuccessful. With regard to the Housing Infrastructure Fund (HIF)grant, he reported that some of this funding had already been utilised in progressing the scheme and unless the scheme was completed the Council was at risk of claw back of this funding.
Consideration was given to:
· Whether the HIF granted could be renegotiated
· The proposed meeting with the Ministry
· The increase in costs of the scheme
· Other possible sources of funding and discussions taking place with Devon County Council, Homes England and the Ministry for Levelling Up
· Discussions taking place with the MP
It was NOTED that the Council has been advised that, at this time, it has not been successful in securing funding through the Levelling-Up Fund in order to enable the delivery of the Cullompton town centre relief road.
RESOLVED that
That, in light of the above and reflecting the Cabinet decision of the 3rd August 2021, approval is given for officers to;
a) work to explore other funding opportunities which could deliver the additional funding required to enable the delivery of the Cullompton town centre relief road, and;
b) bring a further report before Cabinet as soon as possible in order to update members on the progress of discussions and the options available to the Council in relation to the delivery of the relief road project.
(Proposed by Cllr R J Chesterton and seconded by Cllr Mrs N Woollatt)
Reason for the decision – there is a need to explore further funding opportunities.
Note: *report previously circulated, copy attached to minutes.
Lead officer: Adrian Welsh
To receive the 4 yearly review of the Air Quality Action Plan.
Decision Maker: Cabinet
Made at meeting: 30/11/2021 - Cabinet
Decision published: 03/12/2021
Effective from: 08/12/2021
Decision:
Following a report of the Corporate Manager for Public Health, Regulation and Housing, the Community Policy Development Group had made the following recommendations:
1. That the updated Air Quality Actions Plan attached in Annex 1 be adopted;
2. That the details and timelines for the adoption of the updated Air Quality Supplementary Planning Document via the Planning Policy Development Group as set out in section 5.3 of the report be NOTED
The Cabinet Member for Community Well-Being outlined the contents of the report stating that the action plan provides actions that the Council would deliver between 2021-25 to reduce concentrations of air pollutants and exposure to air pollution, thereby positively impacting on the health and quality of life of residents and visitors to Mid Devon. He outlined the legal requirements to produce actions plans where an authority had designated one or more Air Quality Management Areas. He requested that the Cabinet consider an amendment to annex 1 to the report, table 10 of the action plan, measure 15 to read
Under measure – Kings Mill Industrial site traffic management Cullompton Junction 28 and Cullompton town centre
Under Key Performance Indicator – Improved traffic flows to/from industrial site through Junction 28 and across Cullompton town centre.
Progress to date - Local Plan submission proposes a number of solutions alongside traffic/parking enforcement.
Comments – The new Local Plan proposed upgrades to the existing road network to support growth of industrial estate and reduce congestion. As the site will increase in size, thus increasing volumes trying to leave/enter the M5, a range of initiatives are proposed to deal with the problem. This will work in parallel with anti-idling and parking enforcement across the town centre.
Consideration was given to:
· Examples of queues from Culm Lea to J28 and the need to incorporate the town centre within measure 15
· When the Planning Policy Advisory Group would consider the supplementary planning guidance
· Issues of dust emission
· Reporting to Defra and the need to evidence any issues
· The need for enforcement in Cullompton town centre and now that the measure was within the action plan then Devon County Council would have to consider this.
· The level of resources available to improve the air quality in Mid Devon and that S106 contributions could be used.
RESOLVED that the recommendation of the Policy Development group be approved, subject to the amendments to Measure number 15 as outlined above.
(Proposed by Cllr D J Knowles and seconded by Cllr Mrs N Woollatt)
Reason for the decision: The adoption and implementation of an Air Quality Action Plan (where an authority has designated one or more Air Quality Management Areas) is a statutory requirement.
Note: *Report previously circulated and attached to the minutes
Lead officer: Simon Newcombe