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Decisions

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Decisions published

03/07/2019 - THE PLANS LIST (00-11-15) ref: 751    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 03/07/2019 - Planning Committee

Decision published: 05/07/2019

Effective from: 03/07/2019

Decision:

The Committee considered the applications in the plans list *. 

 

Note:   *List previously circulated; copy attached to the signed Minutes.

 

(a)            No 1 on the Plans List (18/01840/FULL – change of use of land for the siting of permanent and touring pitches for tents and caravans – land adjoining Ruffwell Inn, Thorverton).

The Area Team Leader outlined the contents of the report by way of presentation highlighting the location of the site, the nearest neighbours and the farm shop, the proposed site plan which depicted the permanent pitches and those to be used for touring caravans, the elevations for the chemical disposal building and photographs from various aspects of the site.

She then addressed the question posed at public question time and provided the following answer: conditions would restrict the occupancy of all the pitches, if the applicant was to be found in breach of conditions, then planning enforcement powers would be used to seek compliance.

 Consideration was given to:

·         Policy DM24 – development for tourism

·         Whether noise issues could be restricted by condition

·         The number of days that a caravan could be occupied

·         Landscaping issues

·         Highways issues which included access to the site through the pub car park and possible difficulties accessing the campsite if the car park was full.

·         The septic tank on the site (to be used for the 3 permanent pitches) and the chemical disposal unit (for touring vans)

·         Whether there were any flooding issues in the area

·         The caravans already on site

·         The views of the applicant with regard to the successful  public house business and the wish to expand facilities to include a camp site, the ideal location on the main road with good access and a central location for visitors who would also use the facilities of the public house and the location of the nearest neighbours

·         The views of the Chairman of Silverton Parish Council with regard to the impact on the landscape, whether there was adequate screening in place, sewage facilities, the access on the busy junction, whether the caravans would be held on the road if the car park was full and  that there were inadequate services on the site

·         The views of the Ward Member (a written representation read by the Chairman) in which he voiced concerns raised by the Parish Council, whether this was a suitable application for the rural area, the distance between neighbouring properties, potential noise issues and that a poorly maintained site would have a negative impact on the local economy.  He also highlighted the possible benefits to the area and that he had had discussions with the owner of the site

·         The views of statutory consultees.

 

RESOLVED that: planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration.

 

(Proposed by Cllr R F Radford and seconded Cllr E J Berry)

 

Notes: 

 

i)             Mr Cairns (applicant spoke);

 

ii)            Cllr Melville representing Silverton Parish Council spoke;

 

iii)           The Chairman read a written representation by the Ward Member (Cllr J Wright)

 

iv)          Cllr S J Clist requested that his abstention from voting be recorded.

 

(b)            No 2 on the Plans List (18/01935/MFUL – Erection of a 2-storey GP Practice – land at NGR 284429 99439 Joseph Locke Way, Crediton).

The Area Team Leader outlined the contents of the report by way of presentation highlighting the site location plan of the proposed new shared facility for Crediton, the block plan of the proposal, the proposed parking areas, access, landscaping, the location of the bus stop, the ground and first floor plan, proposed elevations, section plans, the location of the attenuation area, the flood risk assessment, the design of the building and photographs from various aspects of the site.

Consideration was given to:

·         The lack of objection from the statutory consultees

·         The design of the proposal

·         Sustainability issues

·         The proposal had been well received by the majority of residents in Crediton

 

RESOLVED that: planning permission be granted subject to conditions and consideration of informative notes as recommended by the Head of Planning, Economy and Regeneration.

 

(Proposed by Cllr F W Letch and seconded Cllr R J Dolley)

 

Notes: 

 

i)             Cllr Mrs F J Colthorpe made a declaration in accordance with the Protocol of Good Practice for Councillors dealing with Planning Matters as she knew the agent for the application;

 

ii)            Cllr F W Letch declared a personal interest as he used the doctors surgery and was Chairman of the Health and Wellbeing Group in Crediton and in that role had received a presentation on the proposal.

 

(c)            No 3 on the Plans List (19/00795/FULL – Erection an extension and alterations to residential home (revised scheme) – Ridge House, Church Street, Morchard Bishop).

The Principal Planning officer outlined the contents of the report by way of presentation highlighting an aerial photograph which depicted the site location, the neighbouring property and church.  She explained that this was a revised scheme following the previous concerns of the Conservation Officer and that the current proposal had addressed the concerns raised.  Members viewed the existing and proposed floor plans and elevations and considered photographs from various aspects of the site.

Consideration was given to:

·         The views of the applicant’s agent who stated that accommodation was very much in demand, the revised scheme had significantly amended the previous application having considered the views of the Conservation officer and that the proposal could be seen as an investment for the community.

·         The views of the Ward Member considering the  views of the Parish Council who had concerns regarding the loss of evening light to the neighbour and that they enjoyed their use of the patio in their garden

·         Whether the loss of evening light was to an unacceptable degree

RESOLVED that: planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration.

 

(Proposed by Cllr B A Moore and seconded Cllr S J Clist)

 

Notes: 

 

i)             Mr Taylor (Agent) spoke;

 

ii)            Cllr Mrs M E Squires spoke as Ward Member

 

iii)           Cllr L J Cruwys requested that his abstention from voting be recorded.

 

 


27/06/2019 - Access to Information - Exclusion of the Press and Public (1-19-00) ref: 749    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 27/06/2019 - Cabinet

Decision published: 02/07/2019

Effective from: 27/06/2019

Decision:

Prior to considering the following item on the agenda, discussion took place as to whether it was necessary to pass the following resolution to exclude the press and public having reflected on Article 15 15.02(d) (a presumption in favour of openness) of the Constitution. The Cabinet decided that in all the circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

It was therefore:

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)

 

 


27/06/2019 - Data Protection Policy (00-39-13) ref: 747    Implemented

To consider the policy as part of an annual review

Decision Maker: Cabinet

Made at meeting: 27/06/2019 - Cabinet

Decision published: 02/07/2019

Effective from: 06/07/2019

Decision:

The Cabinet had before it a report * of the Group Manager for Performance, Governance and Data Security requesting Members to review the existing policy after the first year since the Data Protection Act  2018 and the GDPR became law.

 

The Cabinet Member for the Working Environment and Support Services outlined the contents of the report stating that the review had been programmed following the new legislation in 2018 and that no further changes had been identified as being necessary after the first year of operation.

 

Consideration was given to the impact of Brexit.

 

RESOLVED that the Data Protection Policy be approved and the next review date set for 3 years hence unless legislation were to change earlier.

 

(Proposed by the Chairman)

 

Note:  *Report previously circulated, copy attached to minutes.

 

 

 

Lead officer: Catherine Yandle


27/06/2019 - National Assistance Burial Procedure (00-07-13) ref: 744    Implemented

3 yearly review

Decision Maker: Cabinet

Made at meeting: 27/06/2019 - Cabinet

Decision published: 02/07/2019

Effective from: 06/07/2019

Decision:

The Cabinet had before it a *a report of the Group Manager Corporate Property and Commercial Assets, the Environment Policy Development Group had recommended that the revised National Assistance Burial Policy be adopted.

 

The Group Manager for Public Health and Regulatory Services outlined the contents of the report stating that National Assistance Burials were sometimes referred to as “Paupers” Funerals. The Council may be informed by the Exeter Coroner’s Office, a Nursing Home, a Housing Association, a relative or a friend when a resident of the district had died and there was no one able to make arrangements for the deceased’s funeral, the burial fees were met by the Council.

 

Consideration was given to:

 

·         The use of a funeral director outside of Mid Devon and how the contract had been procured

·         Genealogy searches and how the cost of this was recovered.

 

RESOLVED that the recommendation of the Policy Development Group be approved.

 

(Proposed by the Chairman)

 

Note:  *Report previously circulated, copy attached to minutes.

 

 


27/06/2019 - 3 Rivers Developments Limited - Annual Accounts and Programme Update ref: 750    Recommendations Approved

To consider the annual accounts and programme update

Decision Maker: Cabinet

Made at meeting: 27/06/2019 - Cabinet

Decision published: 02/07/2019

Effective from: 06/07/2019

Lead officer: Andrew Jarrett


27/06/2019 - Annual Treasury Management Report (00-35-25) ref: 746    Implemented

To consider a report providing members with a review of activities and the actual prudential treasury indicators

Decision Maker: Cabinet

Made at meeting: 27/06/2019 - Cabinet

Decision published: 02/07/2019

Effective from: 06/07/2019

Decision:

The Cabinet had before it a *report of the Deputy Chief Executive (S151) providing Members with a review of activities and the actual prudential treasury indicators for 2018/19.

 

The Cabinet Member for Finance outlined the contents of the report stating that the report highlighted the overall treasury position, the performance of investments and the material changes in policy. The net debt had reduced and there had been no new external borrowing. The financial year 2018/19 overall was a good year for Treasury. The internally managed investments achieved income above budget of £147k, while the CCLA dividends of £214k were above budget by £9k.

 

RESOLVED that:

 

a)            The treasury activities for the year be noted;

 

b)            The actual 2018/19 prudential and treasury indicators in the report be approved.

 

(Proposed by the Chairman)

 

Note:  *Report previously circulated, copy attached to minutes.

 

Lead officer: Andrew Jarrett


27/06/2019 - Revenue and Capital Outturn (00-12-00) ref: 745    Recommendations Approved

To consider a report presenting the revenue and capital outturn figures for the financial year 2018/19

Decision Maker: Cabinet

Made at meeting: 27/06/2019 - Cabinet

Decision published: 02/07/2019

Effective from: 06/07/2019

Decision:

The Cabinet had before it a *report of the Deputy Chief Executive (S151) presenting the revenue and capital outturn figure for the financial year 2018/19.

 

The Cabinet Member for Finance outlined the contents of the report stating that the report highlighted the overall outturn for the General Fund, the Housing Revenue Account (HRA) and the Capital Programme and he informed the meeting of the following highlights:

 

·         He felt that it was a thorough report and gave a clear explanation of any budget variances. 

·         The authority had maintained good levels of service delivery with a reduced funding envelope. 

·         The General Fund had a net underspend of £19k and the HRA, an underspend of £613k. 

·         Detailed monitoring reports had been provided to senior managers and members throughout the financial year.

·         He outlined the occupancy of and return received from property in Market Walk

·         The new earmarked reserve for waste service requirements

·         The excellent collection service for Council Tax and non domestic rates

 

Consideration was given to:

 

·         Specific variances within the General Fund

·         Income from Market Walk and the fact that the purchase of the area had been part of the Tiverton Town Centre Regeneration Project

·         The joint working venture with Exeter City Council with regard to the purchase of vehicles

·         The collection rates for Council Tax and whether any shortfall was spread across the recipient authorities

·         The Capital Programme and views on options for the future

 

RESOLVED  that:

 

a)    The General Fund outturn achieved in 2018/19 which shows an overall underspend of £19k be noted.  This surplus to be transferred to the General Fund reserve to bring the balance above our minimum recommended level.

b)    The net transfers to earmarked reserves of £2.406m detailed in the general Fund service budget variance reports shown in Appendix 1 and summarised in Appendix 3 be approved.

c)    The transfer of £1.250m to a new earmarked reserve Waste Service Infrastructure from the Vehicle sinking fund reserve be approved.

d)    The positive position achieved on the Housing Revenue Account which shows a saving of £613k be noted and the earmarking of an extra £613k shown in paragraph 4.2 as well as the utilisation of reserves totalling £483k identified in Appendices 2 and 3 be approved.

e)    The carry forward of £12.077m from the 2018/19 capital programme (see paragraph 6.3 of the report) be approved as all of the scheme will be delivered in 2019/20 or later years.  Also the transfer of earmarked reserves of the un-spent £459k identified in Appendix 4 be approved.

 

(Proposed by the Chairman)

 

Note:  *Report previously circulated, copy attached to minutes.

 

Lead officer: Andrew Jarrett


27/06/2019 - Freedom of information and Environmental Information Regulations Policy (00-43-48) ref: 748    Implemented

To consider the policy as part of an annual review

Decision Maker: Cabinet

Made at meeting: 27/06/2019 - Cabinet

Decision published: 02/07/2019

Effective from: 06/07/2019

Decision:

The Cabinet had before it a report * of the Group Manager for Performance, Governance and Data Security requesting Members to review the existing policy after the first year since the Data Protection Act  2018 and the GDPR became law.

 

The Cabinet Member for the Working Environment and Support Services outlined the contents of the report highlighting the reviewed sections including the complaints procedure which required amendment to read “…..Complaints are to be passed to the IMO who will then arrange a review.  The review will be conducted by the Data Protection Officer (DPO), or their nominated representative with relevant FOI/EIR and Data Protection knowledge in conjunction with the service and in contentious cases a member of Legal Services”.

 

 

RESOLVED that the Freedom of Information and Environmental Information Regulations Policy be approved as amended and the next review date set for 3 years time unless legislation were to change earlier.

 

(Proposed by the Chairman)

 

Note:  *Report previously circulated, copy attached to minutes.

 

 

Lead officer: Catherine Yandle


26/06/2019 - Devon Climate Declaration (00-41-48) ref: 742    Recommendations Approved

Decision Maker: Council

Made at meeting: 26/06/2019 - Council

Decision published: 01/07/2019

Effective from: 26/06/2019

Decision:

The Council had before it a *report of the Chief Executive requesting Members to consider the declaration of a climate change emergency.

 

He outlined the contents of the report stating that Devon County Council had declared a climate emergency. They had committed to facilitating the reduction of Devon’s carbon emissions to net-zero by 2050 at the latest and had formed the Devon Climate Emergency Response Group to enable strategic partners to collaborate on producing a Devon-wide Carbon Plan.

 

The Chairman MOVED that:

 

a)    The council adopts the statement at Appendix A outlining the Devon Climate Change Declaration.

 

b)    The council agrees to work to the Devon-wide target of net-zero carbon emissions by 2050.

 

c)    The council continues to work, through the DCERG and other mechanisms as appropriate, to collaborate on producing a Devon-wide Carbon Plan.

 

d)    The council directs the Environment Policy Development Group (PDG) to act as the initial owner of this policy activity within the council; with future PDG meetings considering how best to determine the council’s own policy response(s) such as may then be subsequently recommended to cabinet and council in the normal way.

 

Councillor L D Taylor MOVED AN AMENDMENT (on behalf of Councillor J Wright), seconded by Councillor Miss E Wainwright

 

This council is significantly concerned that the environmental crises must be a priority. We will aim for Mid Devon to be carbon neutral by 2030 and all decisions made by the council will be considered in light of the climate crisis.

 

This council will lobby central government for the finances and powers to act effectively to undertake the necessary measures to ensure the climate crises can be limited to 1.5 degrees and be carbon neutral by 2030.

 

 It is recommended that:

 

The council adopts the statement at Appendix A outlining the Devon Climate Change Declaration.

 

The council agrees to work to the Devon-wide target of net-zero carbon emissions by 2050 but will aim for Mid Devon to be carbon neutral by 2030 and all decisions made by the council will be considered in light of the climate crisis

 

The council continues to work, through the DCERG and other mechanisms as appropriate, to collaborate on producing a Devon-wide Carbon Plan.

 

This council will lobby central government for the finances and powers to act effectively to undertake the necessary measures to ensure the climate crises can be limited to 1.5 degrees and be carbon neutral by 2030

 

The council directs the Environment Policy Development Group (PDG) to act as the initial owner of this policy activity within the council; with future PDG meetings considering how best to determine the council’s own policy response(s) such as may then be subsequently recommended to cabinet and council in the normal way.

 

A debate then took place with the following issues arising:

 

·         The need to act now to protect children and grandchildren

·         2050 was too far away and that the amendment suggesting that Mid

Devon aim to be carbon neutral by 2030 should be supported

·         The growing support for action

·         The need for organisations as well as the public to respond to the emergency

·         The need for the Government to provide the resources and powers to address the issue

·         Planning applications on greenfield sites

·         The need for a coherent approach and the work that had already taken place by the Council with regard to solar power

·         Whether working together with other authorities on a national policy was the best way forward

·         The need to make challenging targets

·         The need for non-carbon developments and  the need for amendments to planning policy

·         Whether committee reports could have a climate change impact assessment as part of the implications at the beginning of all reports

·         The need to use local markets and encourage market traders not to provide plastic bags

 

Following discussion, Councillor Mrs N Woollatt then MOVED in accordance with Procedure Rule 19.4:

 

THAT the vote in respect of this item shall be by roll call’

 

There being more than 10 Members in favour of the PROCEDURAL MOTION that was AGREED by the Council.

 

Those voting FOR the AMENDMENT Councillors: G Barnell, E G Berry, W Burke, J Cairney, R J Chesterton, S J Clist, Mrs C A Collis, Mrs F J Colthorpe, D R Coren, L J Cruwys, N V Davey, W J Daw, R M Deed, R J Dolley, J M Downes, R B Evans, Mrs S Griggs, Mrs I Hill, T G Hughes, D J Knowles, F W Letch, E G Luxton, B A Moore, Miss J Norton, S J Penny, D F Pugsley, R F Radford, C R Slade, Mrs M E Squires, R L Stanley, L D Taylor, Miss E J Wainwright, B G J Warren, A White, Mrs N Woollatt and A Wyer.

 

The AMENDMENT was declared to have been CARRIED.

 

Notes: 

 

i)             The Council had before it questions* submitted by Councillor Mrs S Griggs in accordance with Procedure Rule 13.2 together with responses from the Cabinet Member for the Environment.

*Questions previously circulated, copy attached to minutes;

 

ii)            * Report previously circulated copy attached to minutes.


26/06/2019 - Local Government Boundary Commission Submission (1-14-56) ref: 743    Recommendations Approved

Decision Maker: Council

Made at meeting: 26/06/2019 - Council

Decision published: 01/07/2019

Effective from: 26/06/2019

Decision:

The Council had before it a *report of the Chief Executive requesting Members to consider the cross-party Working Group’s submission to the Local Government Boundary Commission for England which will be considering the number of Councillors required for Mid Devon District Council from 2023.

 

The Chairman MOVED that: the submission outlined in Appendix A of the report be agreed.

 

The Leader MOVED AN AMENDMENT seconded by Councillor B A Moore:

 

That the Council agrees the revised appendix A as its formal submission to the Local Government Boundary Commission for England, incorporating electorate projections to 2025 as per LGBCE requirements.

 

Upon a vote being taken, the AMENDMENT was declared to have been CARRIED.

 

Councillor B G J Warren MOVED THE FOLLOWING AMENDMENTS seconded by Councillor C R Slade:

 

a)     Question 1.17 Second Paragraph, Second Sentence.  Amend to read “In the 2019 district elections all but one of the wards were contested........................” therefore the paragraph should read

In the 2019 district elections all wards but one were contested and there have been no instances where the Council has been unable to discharge its duties due to lack of councillors.

 

b)     Question 4.2 the ‘eg’ in the second line be amended to read “eg. Public conveniences, public open spaces, play areas and grass cutting.....................” therefore the paragraph should read

The Council has implemented a programme of devolving local facilities to some town and parish councils, eg public conveniences, public open spaces, play areas and grass cutting, where there has been a desire to take these on.

 

Upon a vote being taken, the AMENDMENTS were declared to have been CARRIED.

 

Councillor F W Letch MOVED THE FOLLOWING AMENDMENTS seconded by Councillor B G J Warren:

 

Question 1.10 - To remove “most of the Committees meet monthly” and add the following wording: “The Cabinet, Scrutiny Committee and the Planning Committee meet monthly and the Policy Development Groups and the Audit Committee meet every 2 months…..”

 

To remove “Chairmen of the Scrutiny Committee”” and replace with “Chairman of the Scrutiny Committee”.

 

Therefore the  following paragraphs should read

 

The Cabinet, Scrutiny Committee and the Planning Committee meet monthly and the Policy Development Groups and the Audit Committee meet every 2 months unless there is insufficient business to discuss or determine, with the exception of the Standards and the Regulation Committees which tend to meet on an ad-hoc basis.

 

The Chairman of the Scrutiny Committee is appointed at the annual Council meeting in May; chairs of other committees are appointed by each committee at the first meeting of the annual cycle.

 

Upon a vote being taken, the AMENDMENTS were declared to have been CARRIED.

 

The Chairman MOVED that the submission AS AMENDED be approved

 

Upon a vote being taken, the MOTION was declared to have been CARRIED.

 

Note:  * Report previously circulated copy attached to minutes.