Chair to report.

The Chair outlined the virtual meeting procedure and etiquette to Council and attendees.

The Senior Corporate and Community Services Officer confirmed the names of those Councillors and officers present and advised that members of the public and press were also in attendance.

Apologies for absence were received from Councillors Campbell, Cann, Lofthouse, Phillips and Topps.

(a)       Councillor Will Topps

The Chair congratulated Councillor Will Topps and his wife Selina on the birth  of their baby daughter yesterday.

(b)       Business Grants

The Chair provided Council with an update on Business Grants.  He advised that Members will recall that the business grant scheme announced by the Chancellor back in March 2020 and that Local Authorities would be responsible for the administration and payment of these much needed grants to support local businesses.  North Devon Council were allocated the largest allocation of grant funding in Devon and had one of the largest number of eligible businesses who could apply, including all the unitary Councils.  North Devon’s online form went ‘live’ on 9 April for businesses to access, just 2 weeks after the guidance was announced.   The scheme had now finished and as of today; the Council had paid out £43million to 3800 businesses and have therefore paid out to 96% of those eligible businesses that could apply.  In addition, Government announced a “Discretionary Business Grant” fund.  The Council ran this scheme through our Economic Development team as they had close links to local businesses and especially those that had fallen outside the scope of the original grant scheme.  The scheme was launched on 1 June 2020; and have fully allocated the £2.25million fund.   To summarise, the Council had paid out a total of £45.3million in Business Grants.  The Council had also allocated in addition; £20million Expanded Retail discount off business rate bills to a further 1100 businesses.  Overall financial assistance to support North Devon businesses of over £65million through the pandemic.  Bearing in mind the context of the speed and pressure from Government to ‘support businesses’ quickly; the Council have delivered under exceptional circumstances an enormous amount of financial assistance to support local businesses in North Devon and we should be extremely proud of our officers in what they have achieved.

There were no questions and/or Petitions submitted by the Public under Part 4, Council Procedure Rules, Paragraphs 8 and 9 of the Constitution.  

(a) To consider the following notice of motion from Councillor Prowse

Councillor Prowse presented his notice of motion to Council.

It was moved by Councillor Prowse and seconded by Councillor Biederman:

“That this Council work with other stakeholders across Devon to draft and promote an alternative structure of local government that best reflects the needs of the differing communities and local economies in Devon.”

Council noted that Councillor Bushell raised concerns of a repeat of when Borough Councils were removed and local authorities lost the assets from their area.

(b) To consider the following notice of motion from Councillor Roome

Councillor Biederman declared a personal interest as a Member of Devon County Council.

Councillor Roome presented his notice of motion to Council.

It was moved by Councillor Roome and seconded by Councillor Tucker that “we request DCC review the maintenance programme of gully drains immediately and that South West Water review their drains in light of the recent flooding, and work with District Council Members to identify areas that need more regular maintenance; and that comparison information be requested from DCC regarding the savings that have been made following the reduction of maintenance and clearance of drains against the costs of the reactionary work required following flooding”.

(c)  To consider the following notice of motion from Councillor Worden

Councillor Worden presented his notice of motion to Council.  Councillor Worden advised that a special meeting of the Strategy and Resources Committee would be held on 19 October 2020 and that any Member was welcome to attend and address the Committee.

The Chief Executive advised that the consultation response to the White Paper on changes to the current planning system had been submitted and a copy would be circulated to all Members.  The notice of motion would be automatically referred to the Strategy and Resources Committee and therefore did not need to form part of the notice of motion.

It was moved by Councillor Worden and seconded by Councillor Biederman that “the Council take part in the consultation in the planning proposals, and to make representations against the proposals as outlined in this motion, write to our Member of Parliament, expressing the Council’s concerns and to circulate her reply to members and highlight its concerns over these proposals with the public and local residents.” 

(NB. Members only need to re-declare any interests previously declared at Committee and Sub-Committee meetings if the item is discussed at Council).

The following declaration of interest was announced:

(a) To consider the following question from Councillor Ley to the Leader:

“For the first time I have been unable to resolve Ward issues. The primary reason for this, (again for the first time) is that in exercising their delegated powers, officers have either informed me after a decision has been made, or not at all.  The Constitution is crystal clear on Page 10.  IN EXERCISING THEIR DELEGATED POWERS OFFICERS WILL CONSULT WITH ANY APPROPRIATE MEMBER.

To date officers at the most senior level have refused to acknowledge any mistakes. If you do not acknowledge when a mistake has been made, you cannot learn from them and move on.

So the question is: How do you ensure such incidents are not repeated. Or alternatively, what mechanism can be put in place to safeguard a Ward member(s) community role from being overridden.”

(a) To consider the following question from Councillor Ley to the Leder:

“For the first time I have been unable to resolve Ward issues. The primary reason for this, (again for the first time) is that in exercising their delegated powers, officers have either informed me after a decision has been made, or not at all.   The Constitution is crystal clear on Page 10. IN EXERCISING THEIR DELEGATED POWERS OFFICERS WILL CONSULT WITH ANY APPROPRIATE MEMBER. To date officers at the most senior level have refused to acknowledge any mistakes. If you do not acknowledge when a mistake has been made, you cannot learn from them and move on.

So the question is: How do you ensure such incidents are not repeated. Or alternatively, what mechanism can be put in place to safeguard a Ward member(s) community role from being overridden.”

Councillor Worden’s response “Thank you Councillor Ley for your question and I am sorry that you have felt uniformed resulting in not been able to resolve a Ward issue. As you are aware the constitution sets out a whole range of decisions which are delegated to officers to take.  Every Council operates in this way and in effect, it would be very difficult to operate on a day to day basis without that approach.  Our constitution states that before exercising delegated powers, an officer will consult with any appropriate member which may include the Leader, Ward Councillors or the Chair of a relevant Committee.  I am sure that this provision was included so that councillors would be involved in important decisions.  The wording of this provision does however leave room for misinterpretation as what one person deems appropriate may be different to another person.  The powers that are delegated to officers are wide and range from decisions such as approving a planning application through to minor matters such as ordering equipment.  It is fair to say that councillors would not expect to be consulted on every decision as to do so in some cases would not be seen as “appropriate”.  The alternative approach would be to specify each power that would be subject to prior consultation which would be extremely difficult as there are even differences between the level of information or consultation expected by individual councillors.  The issue raised by Councillor Ley, which related to a planning issue in his ward, has already been discussed with officers and the Head of Place has made a suggestion to Councillor Ley that will hopefully ensure that this situation does not arise again.”   In response to a supplementary question, Councillor Worden advised that a meeting with Councillor Ley, himself, the Chief Executive and Head of Place would be arranged to resolve the issue.

Report by Leader of the Council (attached).

Council noted a report by the Leader of the Council (circulated previously) regarding work that had been undertaken since the last Council meeting.

Councillor Worden advised that he would write a letter to Northern Devon Healthcare NHS Trust on behalf of the Council asking them to reconsider their current maternity restrictions with urgency, and allow women to have their partners with them for all pregnancy scans and at all stages of labour.  Torridge District Council had written a similar letter.

Councillor Roome declared a personal interest as an employee of the Northern Devon Healthcare NHS Trust.

Councillor Lovering declared a personal interest as employee of the maternity unit at the North Devon District Hospital.

Questions to the Leader or the Chair of a Committee submitted under Part 4, Council Procedure Rules, paragraph 10.4 of the Constitution.

The following questions were submitted in advance of the meeting and responses provided by the Leader were circulated separately:

The Chair advised that items 13 (a), 13 (b) and 13 (c) would be considered and debated together and that a single vote would be taken on the three recommendations.

Chair of the Governance Committee to report the recommendations of the Governance Committee held on 8 September 2020 (attached – Appendix B) and 5 October 2020.

Council considered a report by the Chief Financial Officer (circulated previously) regarding the Statement of Accounts for 2019/20.  The Chief Financial Officer advised that the draft Statement of Accounts for year ended 31 March 2020 was signed by the Chief Financial Officer on 22 July 2020.  Normally, the final date for published, audited accounts was 31 July, however this year due to Covid-19 this was extended to 30 November 2020.  The Covid-19 pandemic only started to make a notable impact upon the public and businesses in the last two weeks of March; and thus not had a dramatic impact upon these draft financial statements for period to 31 March 2020; the real budgetary impact of Covid affects the financial position of the Council post April 2020.  The External Audit of Accounts started on 8 Sept 2020.  The Audit Findings Report was presented to the Governance Committee which gave an Unqualified Opinion on Financial Statements/Value for Money Conclusion and four recommendations following Key Findings which had been accepted by management and responses built into the Action Plan.  The Accounts were required to be formally signed off at Council.  He outlined the narrative report which set out the challenges the Council faced, how those challenges would be met and reviewed the last financial year 2019/20; the main statements; accounting policies; notes to the Accounts.  He advised of an amendment to Note 4 “Accounting Standards that have been issued but not yet been adopted” as follows: “In response to the Covid 19 pandemic, CIPFA/LASAAC deferred the implementation of IFRS 16 Leases in the public sector until 1 April 2021. This will require lessees to recognise assets subject to leases as right-of-use assets on their balance sheet, along with corresponding lease liabilities (there are exceptions for low-value and short-term leases).”  He outlined the Auditors report as detailed on page 123 following the conclusion of the audit and presentation of their audit findings report to Governance Committee on 5 October 2020.  He advised that the Medium Term Financial Plan would be presented to the next meeting of Council.

Councillor Roome presented the recommendations of the Governance Committee held on 8 September 2020 and 5 October 2020 (circulated previously).

It was moved by Councillor Roome and seconded by Councillor Biederman that the recommendation in the report be adopted.

RESOLVED that theStatement of Accounts 2019/20 be approved, and that the Chairman of the Council sign and date the Statement of Accounts as required by the Accounts and Audit Regulations.

To consider the recommendations of the Governance Committee held on 8 September 2020 (attached)

Council considered the Annual Governance Statement for 2019/20 (circulated previously).  The Monitoring Officer advised that the flowchart on page 11 had now been updated to reflect the committee arrangements and a copy had been published as a supplementary document.  He advised that the Governance Committee at its meeting on 8th September 2020 had recommended approval.

Councillor Roome reported the recommendations of the Governance Committee held on 8th September 2020 and advised that it had been a challenging year for all Local Authorities and in particular thanked the Finance team for its hard work in administering grants to support the economy.

It was moved by Councillor Roome and seconded by Councillor Biederman “that the Annual Governance Statement for 2019/20 be approved”.

RESOLVED that the Annual Governance Statement for 2019/20 be approved.

It is RECOMMENDED “that the letter of representation on behalf of the Council be approved and signed by the Chief Financial Officer”.  Chair of the Governance Committee to report the recommendation of the Governance Committee held on 5 October 2020.

The Chief Financial Officer advised Council that the Letter of Representation on behalf of the Council was the final part of the Statement of Accounts and conclusion of the audit.

Councillor Roome reported the recommendation of the Governance Committee held on 5 October 2020 (circulated separately).

It was moved by Councillor Roome and seconded by Councillor Biederman that “that the letter of representation on behalf of the Council be approved and signed by the Chief Financial Officer”.

RESOLVED that the letter of representation on behalf of the Council be approved and signed by the Chief Financial Officer.

(NOTE: A copy of the report that was considered by the Strategy and Resources Committee on 3 August 2020 is attached).

Council considered the Performance and Financial Management report Quarter 4 2019/20 to the Strategy and Resources Committee on 3 August 2020 (circulated previously).

To receive the report of the Policy Development Committee held on 10 September 2020 (attached).

Councillor Spear, Chair of the Policy Development Committee presented the Committee’s report on the Performance and Financial Management for Quarter 4 of 2019/20 (circulated previously).

To receive the report of the meeting of the Strategy and Resources Committee held on 3 August 2020 (attached).

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the Performance and Financial Management for Quarter 4 of 2019/20 (circulated previously).

It was moved by Councillor Worden and seconded by Councillor Bushell that “minute 159 (f) of the Strategy and Resources Committee held on 3 August 2020 be adopted”.

RESOLVED that minute 159 (f) of the Strategy and Resources Committee held on 3 August 2020 be adopted.

(NOTE: A copy of the report that was considered by the Strategy and Resources Committee on 1 September 2020 is attached).

Council considered the Performance and Financial Management report for Quarter 1 of 2020/21 to the Strategy and Resources Committee on 1 September 2020 (circulated previously).

To receive the report of the Policy Development Committee held on 10 September 2020 (attached).

Councillor Spear, Chair of the Policy Development Committee presented the Committee’s report on the Performance and Financial Management for Quarter 1 of 2020/21 (circulated previously).

To receive the report of the meeting of the Strategy and Resources Committee held on 1 September 2020 (attached).

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the Performance and Financial Management for Quarter 1 of 2020/21 (circulated previously).

It was moved by Councillor Worden and seconded by Councillor D. Spear that “minute 175 (f) of the Strategy and Resources Committee held on 1 September 2020 be adopted”.

RESOLVED that minute 175 (f) of the Strategy and Resources Committee held on 1 September 2020 be adopted.

(NOTE: A copy of the report that was considered by the Strategy and Resources Committee on 1 September 2020 is attached).

Council considered the Treasury Management Annual report for 2019/20 to the Strategy and Resources Committee on 1 September 2020 (circulated previously)

To receive the report of the Policy Development Committee held on 10 September 2020 (attached).

Councillor Spear, Chair of the Policy Development Committee presented the Committee’s report on the Treasury Management Annual Report 2019/20 (circulated previously).

To receive the report of the meeting of the Strategy and Resources Committee on 1 September 2020 (attached).

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the Treasury Management Annual Report 2019/20 (circulated previously).

It was moved by Councillor Worden and seconded by Councillor Jenkins that “minute 176 of the meeting of the Strategy and Resources Committee on 1 September 2020 be adopted”.

RESOLVED that minute 176 of the meeting of the Strategy and Resources Committee on 1 September 2020 be adopted.

It is RECOMMENDED that a Councillor be appointed to replace Councillor Leaver as a member of the Strategy and Resources Committee for the municipal year 2019/20.

Councillor Worden thanked Councillor Leaver for her work on the Strategy and Resources Committee and advised that she had to step down from the Committee owing to work commitments.

It was moved by Councillor Worden and seconded by Councillor Tucker “that Councillor Knight be appointed to replace Councillor Leaver as a member of the Strategy and Resources Committee for the municipal year 2019/20”.

In response to a question, the Senior Corporate and Community Services Officer confirmed that it was still the 2019/20 municipal year as a meeting of Annual Council had not been held this year.

Report by Chair of Governance Committee (attached).

Council considered and noted the half yearly report by the Chair of Governance Committee (circulated previously).

Council is recommended to note the schedule of Committee minutes and approve recommendations as listed below:

(i)       6 August 2020

RESOLVED that the following minutes of the Building Control Joint Committee (circulated previously) be noted and adopted as follows:

(i)         6 August 2020

(i)       8 September 2020

(A)      Minute 90: Recommendations to Update the Member Code of Conduct

RESOLVED that the following minutes of the Governance Committee (circulated previously) be noted and adopted as follows:

(i)         8 September 2020

(A)      Minute 90: Recommendations to Update the Member Code of Conduct

(i)       11 August 2020

(A)      Minute 58: Three Month Waiver of Harbour Fees 2021-2022

RESOLVED that the following minutes of the Harbour Board (circulated previously) be noted and adopted as follows:

(i)       11 August 2020

(A)      Minute 58: Three Month Waiver of Harbour Fees 2021-2022

(i)       14 July 2020

(ii)       8 September 2020

RESOLVED that the following minutes of the Licensing and Community Safety Committee (circulated previously) be noted and adopted as follows:

(i)       14 July 2020

(ii)     8 September 2020

(i)       8 July 2020

(ii)       12 August 2020

(iii)      9 September 2020

RESOLVED that the following minutes of the Planning Committee (circulated previously) be noted and adopted as follows:

(i)       8 July 2020

(ii)      12 August 2020

(iii)      9 September 2020

(i)       16 July 2020

(ii)       10 September 2020

RESOLVED that the following minutes of the Policy Development Committee (circulated previously) be noted and adopted as follows:

(i)       16 July 2020

(ii)     10 September 2020

(i)       3 August 2020

(A)      Minute 164 (b): Approval and Release of Section 106 Public Open Space Fund – Bickington

(B)      Minute 165 (b): Approval and Release of Section 106 Funds – South Molton

(ii)       1 September 2020

(A)      Minute 177 (c): Approval and Release of Section 106 Public Open Space Funds – South Molton and Combe Martin

(B)      Minute 179: Seven Brethren - Agreeing a Way Forward (NOTE: Please note that due to a typographical error, the minute will be amended to state “RESOLVED” and not “RECOMMENDED” at the meeting of the Committee on 5 October 2020).

RESOLVED that the following minutes of the Strategy and Resources Committee (circulated previously) be noted and adopted as follows:

(i)       3 August 2020

(A)      Minute 164 (b): Approval and Release of Section 106 Public Open Space Fund – Bickington

(B)      Minute 165 (b): Approval and Release of Section 106 Funds – South Molton

(ii)       1 September 2020

(A)      Minute 177 (c): Approval and Release of Section 106 Public Open Space Funds – South Molton and Combe Martin

(B)      Minute 179: Seven Brethren - Agreeing a Way Forward (Council noted that due to a typographical error, the minute will be amended to state “RESOLVED” and not “RECOMMENDED” at the meeting of the Committee on 5 October 2020).