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Decision Maker: Regulatory Committee
Made at meeting: 27/11/2018 - Regulatory Committee
Decision published: 28/11/2018
Effective from: 27/11/2018
Decision:
The Committee received details of the revised Hackney Carriage and Private Hire Policy from the Specialist Lead (Licensing) Officer who explained that the Policy was due for review after three years.
He explained the main changes to the policy which included:
1. Safeguarding - The plan was to ensure that all existing taxi licence holders received Safeguarding training by June 2019 and that new licence holders had to have received training within 12 months of getting their license.
2. The Equality Act – The authority could now maintain a register of all wheelchair accessible vehicles. In addition, exemptions for drivers not able to accommodate guide dogs or give reasonable assistance to wheelchair users had been clarified.
3. English tests – The existing policy did not detail the exact testing or level of English expected. This had been clarified in the updated policy.
4. Previous convictions – The revised policy had adopted the Institute of Licensing document which aimed to align the standards across all licensing authorities.
The Specialist Lead (Licensing) Officer explained that the revised policy had gone out for consultation over a 10 week period and had received one response. This was from the Guide Dogs for the Blind Association who had made several helpful comments. The main one outstanding was that they requested that it became a mandatory requirement for taxi drivers to undertake training on disability equality. He explained that training would be investigated and a report bought to a future meeting.
There was a general discussion about the way in which applicants with previous convictions had been handled and the Committee welcomed the guidance from the Institute of Licensing.
He outlined the following recommendations as a result of the review and all of the recommendations were supported without changes.
It was therefore RESOLVED that:
1. The revised policy was adopted and has effect from 1 January 2019.
(Proposed by Cllr Mrs G Doe and seconded by Cllr T G Hughes)
2. Delegated Authority be given to the Specialist Lead (Licensing) Officer or the Team Leader (Commercial Team), in conjunction with the Group Manager for Public Health and Regulatory Services to decide which safeguarding awareness training shall be acceptable. This was to ensure that alternative arrangements could be made for training as necessary.
(Proposed by Cllr R Wright and seconded by Cllr Mrs G Doe)
3. Delegated Authority be given to the following officers to decide if a driver can be exempt from duties required under the Equality Act 2010:
a. The Group Manager for Public Health and Regulatory Services;
b. Team Leader (Commercial Team);
c. Specialist Lead (Licensing);
d. Specialist Officers (Licensing).
(Proposed by Cllr T G Hughes and seconded by Cllr R Wright)
4. Delegated Authority be given to the Specialist Lead (Licensing) Officer or the Team Leader (Commercial Team), in conjunction with the Group Manager for Public Health and Regulatory Services to decide which speaking and listening English test shall be used to assess applicants and licence holder’s level of English. This is to ensure alternative arrangements can be made if necessary.
(Proposed by Cllr Mrs G Doe and seconded by Cllr T G Hughes)
Decision Maker: Cabinet
Made at meeting: 22/11/2018 - Cabinet
Decision published: 27/11/2018
Effective from: 22/11/2018
Decision:
The Cabinet had before it a * report of the Chief Executive providing members with an update on the work programme of the Heart of the South West Committee.
The Leader outlined the contents of the report stating that this followed on from a report to full Council on 24th October 2018 that sought approval to engage in the production of the Local Industrial Strategy (LIS) and to delegate authority to the Leader to vote at the HotSW Joint Committee. A recommendation within that report was that the update report, prepared by the HotSW Joint Committee Programme Management Office, be shared with the Cabinet and the Council as it became available. That report was before the Cabinet today.
Consideration was given to a mention in the report of the Brexit Resilience Opportunities Group and whether there was a document available to share with the wider membership of the Council? The Clerk was tasked with finding out whether there was such a document and to make it available to Members if there was.
RECOMMENDED that the report be forwarded to Council for noting.
(Proposed by the Chairman)
Note: *Report previously circulated, copy attached to minutes
To consider the documents procedure for the
GESP
Decision Maker: Cabinet
Made at meeting: 22/11/2018 - Cabinet
Decision published: 27/11/2018
Effective from: 01/12/2018
Decision:
The Cabinet had before it a report* of the Head of Planning, Economy and Regeneration clarifying the decision making route within this authority for the stages of preparation for the Greater Exeter Strategic Plan; providing further detail andclarity pertinent to the Scheme of Delegation within the Council’s Constitution.
The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating the report sought approval for the decision making route for the Greater Exeter Strategic Plan by this Council. It did not affect the previously agreed decision making route for Local Plans (as approved by the Cabinet in December 2016). Each of the three Greater Exeter Councils had their own decision making routes which were not the subject of this report.
The decision making route made it clear that Council approval would be needed for the submission and also the adoption of the Greater Exeter Strategic Plan. He also confirmed that separate meetings of the Cabinet would not be needed in Tiverton, Cullompton and Crediton unless the Greater Exeter Strategic Plan included strategic allocations in that specific town.
RESOLVED that the decision making route for the Greater Exeter Strategic Plan as set out in the table in Appendix 1 be approved.
(Proposed by Cllr R J Chesterton and seconded by Cllr C R Slade)
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Jenny Clifford
To consider an update to the Local Development
Scheme
Decision Maker: Cabinet
Made at meeting: 22/11/2018 - Cabinet
Decision published: 27/11/2018
Effective from: 01/12/2018
Decision:
The Cabinet had before it a report* of the Head of Planning, Economy and Regeneration setting out a revised timetable (Local Development Scheme) for the preparation of the Mid Devon Local Plan Review 2013 – 2033, the Greater Exeter Strategic Plan and a new Local Plan for Mid Devon.
The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that the report sought approval for a revised LDS which included revised timetables for the preparation of development plans affecting Mid Devon. It was necessary to keep the LDS up to date and published on the Council’s website. This would also be needed for the current examination of the Local Plan Review.
The Local Development Scheme included:
o A revised timetable for the Local Plan Review which reflected the preliminary hearings held in September and main hearings that would likely take place in February next year.
o A revised timetable for the Greater Exeter Strategic Plan that had become necessary as a result of ongoing technical work to formulate draft policies and site options.
o A provisional timetable for the preparation of a future new Local Plan for Mid Devon. There was now a legal requirement for review plans every five years. This work would need to be commenced as soon as practicable following the adoption of the current Local Plan Review.
Consideration was given to:
· Capacity issues within the Planning Service to administer and deliver the large number of plans that were in circulation. It was explained that the Council had had the benefit of additional capacity funding in recent years which had helped. The services of an expert consultant had also been brought in mindful that government funding could not be relied upon in the long term and this had worked well with a high level of productivity.
· The Inspector’s thoughts regarding J27 in his letter following the preliminary hearings in September 2018. He had been happy with the principle of allocations but hadn’t gone into detail with his thoughts on the detailed wording of policy at this stage.
RESOLVED that the new Local Development Scheme (LDS) as set out in Appendix 1 of the report be approved which will have effect from 30 November 2018 and that this is published on the Council’s website.
(Proposed by Cllr R J Chesterton and seconded by Cllr P H D Hare-Scott)
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Jenny Clifford
To consider the establishment of such a group to deal with the delivery of development.
Decision Maker: Cabinet
Made at meeting: 22/11/2018 - Cabinet
Decision published: 27/11/2018
Effective from: 22/11/2018
Decision:
The Cabinet had before it a report* of the Head of Planning, Economy and Regeneration regarding the opportunity to discuss development site delivery in a forum that would allow frank discussion, allow for a better understanding of development monitoring and assist in the innovation of delivery projects.
The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that the delivery of housing and employment to the district was increasingly important and that the intention behind the establishment of this proposed group was to monitor the process after planning permission had been granted so as to enable the delivery process. He further stated that all councils were getting much more involved in this and the Planning Advisory Service had also reiterated the need for the elected membership of councils to become much more engaged in this part of the development process.
RECOMMENDED to the Standards Committee that:
a) The governance arrangements set out in this report for setting up a Development Delivery Advisory Group is recommended to the Council for adoption.
b) Following adoption that the necessary changes are made to the Constitution.
(Proposed by Cllr R J Chesterton and seconded by Cllr Mrs M E Squires)
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Jenny Clifford
To consider a report of the treasury
performance during the first 6 months of the financial
year.
Decision Maker: Cabinet
Made at meeting: 22/11/2018 - Cabinet
Decision published: 27/11/2018
Effective from: 22/11/2018
Decision:
The Cabinet had before it a * report of the Deputy Chief Executive (S151) informing the Cabinet of the treasury performance during the first six months of 2018/19 and requesting agreement of the ongoing deposit strategy for the remainder of 2018/19.
The Cabinet Member for Finance outlined the contents of the report stating that investment income had improved by £100k. The Cabinet’s attention was drawn to the list of deposits and short term investments within the report and the prudent strategy used by the Council to invest all surplus funds with the main UK banks and building societies, subject to strict lending criteria.
RECOMMENDED to Council that a continuation of the current policy as outlined in paragraphs 6.0 – 6.5 be agreed.
(Proposed by Cllr P H D Hare-Scott and seconded by Cllr Mrs M E Squires)
Note: *Report previously circulated, copy attached to minutes
Lead officer: Andrew Jarrett
To consider that masterplan.
Decision Maker: Cabinet
Made at meeting: 22/11/2018 - Cabinet
Decision published: 27/11/2018
Effective from: 01/12/2018
Decision:
The Cabinet had before it a report* of the Head of Planning, Economy and Regeneration considering the summary of responses following Stage 1 public consultation on the Tiverton Town Centre Masterplan, the key themes that have emerged from the consultation exercise and the next steps.
The Cabinet received a presentation summarising the responses of the consultation, the key themes that had emerged, the identification of key projects and the next steps. Options had been presented to the public about the proposed content of the masterplan. This had included 4 town wide initiatives including accessibility, identity, environment and quality as well as 18 key development areas. All the themes that had emerged were relevant and could be included in the masterplan, however, particularly dominant themes related to extending the study area to include Old Blundell’s, an enhanced public realm and improved accessibility.
The consultation process had identified 18 key projects and these were listed within the presentation. The report offered a suggested structure to the draft masterplan and a broad timetable for the next steps.
The Cabinet Member for Planning and Economic Regeneration stated that whilst there had been a relatively low level of response to the consultation the responses that had been received had been of a high quality offering constructive and helpful comment. He commended all those that had taken part. He stated that approval for the stage 2 public consultation would commence in June 2019 with the consultation itself taking place in June and July 2019.
He stated that recommendations 3 and 4 within the report needed further clarification and therefore he suggested that they be reworded to state the following:
Number 3
To provide guidance on the content of the draft Masterplan prior to public consultation at Stage 2 via a Cabinet workshop, to which Mid Devon Members will be invited to submit comments for consideration in advance.
Number 4
That Officers explore opportunities to bring forward projects and initiatives aligned with the emerging Masterplan as prioritised, giving particular attention to progressing a scheme at the market and its approach from Fore Street.
Consideration was given to:
· The need to involve all Members and to invite their comments.
· The need for the market project to be treated as a priority.
· What constituted a dementia friendly street such as appropriate signage.
· What was being done to ensure a greater response during the stage 2 consultation. The Cabinet Member for Planning and Economic Regeneration stated that he would be working with the Communications Team to ensure that all possible means would be explored.
RESOLVED that:
a) The responses to the Tiverton Town Centre Masterplan supplementary planning document (SPD) Public Consultation at Stage 1 be noted.
b) The Tiverton Town Centre Masterplan be progressed through the production of the draft SPD taking into account the key issues and projects that have emerged through public consultation at Stage 1.
c) To provide guidance on the content of the draft Masterplan prior to public consultation at Stage 2 via a Cabinet workshop, to which Mid Devon Members will be invited to submit comments for consideration in advance.
d) That Officers explore opportunities to bring forward projects and initiatives aligned with the emerging Masterplan as prioritised, giving particular attention to progressing a scheme at the market and its approach from Fore Street.
(Proposed by Cllr R J Chesterton and seconded by Cllr C R Slade)
Note: (i) *Report previously circulated, copy attached to minutes.
(ii) Cllr C J Eginton declared a personal interest as he was a business owner within the town.
Lead officer: Jenny Clifford