Agenda and minutes

Apologies for absence were received from Councillors Bulled, Orange, Phillips and Saxby.

The Chair welcomed the Local Government Association Corporate Peer Challenge Team to the meeting.

There were no items of business brought forward by or with the consent of the Chair.

(a)  Funding for South Molton Swimming Pool.  To receive a petition from Kilmeny MacBride containing 1132 valid signatures stating “We the undersigned petition the Council to reinstate funding for South Molton Swimming Pool in order to at least restore previous opening hours for public swimming.”

(a)       Funding for South Molton Swimming Pool

Kilmeny MacBride presented a petition to Council containing 1132 valid signatures stating “We the undersigned petition the Council to reinstate funding for South Molton Swimming Pool in order to at least restore previous opening hours for public swimming” and addressed Council. 

Councillor Worden advised that consideration of the petition could be referred to the Strategy and Resources Committee.  However the Council needed to receive 1610’s business plan prior to consideration by the Committee and therefore suggested that it be considered by the Committee at its meeting on 6^th April 2020.  A meeting with officers was also due to take place in the next couple of weeks to discuss options for alternative sources of funding.

It was moved by Councillor Worden and seconded by Councillor Yabsley “that the petition be referred to the meeting of the Strategy and Resources Committee on 6^th April 2020 for consideration”.

(a)  To consider the following notice of motion from Councillor Knight (Background papers attached):

     I.        An immediate meeting with all parties concerned regarding the routing of the construction traffic, to try and resolve the issues that have been highlighted.

    II.        The County Council and planning department to provide a new realistic time scale for the works to be completed.  

  III.        The planning department consider an urgent amendment to the local plan, and evaluate the proposal presented.

  IV.        The County Council to consider urgent action at the next HATOC meeting to expedite changes to the bus gate.

   V.        The County Council to evaluate the proposal of a slip lane (marked in red)  out of the bottom of Old Torrington Road, to aid the traffic trying to leave the area. (diagram/map attached)

  VI.        The Council in conjunction with the County Council, need to formulate an action plan suggesting ways to deliver the highway infrastructure improvements that are already detailed in the local plan.

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

Councillor Davis declared a personal and prejudicial interest and left the room during the consideration thereof as Devon County Council’s Lead Member for Infrastructure.

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

Councillor Knight presented his notice of motion to Council excluding (iii).

It was moved by Councillor Knight and seconded by Councillor Lofthouse that:

     I.        “An immediate meeting with all parties concerned regarding the routing of the construction traffic, to try and resolve the issues that have been highlighted.

    II.         The County Council and planning department to provide a new realistic time scale for the works to be completed.  

  III.        The County Council to consider urgent action at the next HATOC meeting to expedite changes to the bus gate.

  IV.        The County Council to evaluate the proposal of a slip lane (marked in red)  out of the bottom of Old Torrington Road, to aid the traffic trying to leave the area. (diagram/map attached)

   V.        The Council in conjunction with the County Council, need to formulate an action plan suggesting ways to deliver the highway infrastructure improvements that are already detailed in the local plan.”

Councillor Yabsley declared a personal interest as the Chair of Devon County Council North Devon Highways and Traffic Orders Committee. 

(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 declarations of interest were announced:

There were no questions submitted to Council by Members under Part 4, Council Procedures Rules, Paragraph 10 of the Constitution.

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.

In response to questions, the Leader advised that progress was being made on the Vanguard review of the Waste and Recycling service.  A number of improvements were required. A number of minor improvements were currently in the process of being implemented.  A report would be brought to Council in due course on the outcomes of the review.  The Head of Service had also recently resigned.  The Leader was pleased that Ilfracombe Ward Members were actively being involved in the process for securing a solution for the location of the Watersports Centre in Ilfracombe.

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:

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

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

To receive the report of the Policy Development Committee held on 13^th February 2020 (attached).

Councillor Spear, Chair of the Policy Development Committee presented the Committee’s report on the Performance and Financial Management for Quarter 3 of 2019/20 (circulated previously).

In response to a question in relation to paragraph 4.1.3 of the report, the Head of Resources confirmed that the target included within the budget for salary vacancy savings had been exceeded.

To receive the report of the meeting of the Strategy and Resources Committee held on 3^rd February 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 3 of 2019/20 (circulated previously).

It was moved by Councillor Worden and seconded by Councillor D. Spear that “minute 93 (f) of the meeting of the Strategy and Resources Committee on 3 February 2020 be adopted”.

RESOLVED that minute 93 (f) of the meeting of the Strategy and Resources Committee on 3 February 2020 be adopted.

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

Council considered the Review of Charges and Fees for Services 2020/21 to the Strategy and Resources Committee on 3 February 2020 (circulated previously).

In response to questions, the Head of Resources advised that the Building Control fees had been considered by the Building Control Joint Committee and it was not recommended that the fees be increased as it was important that the service remained competitive.

Councillor Lane declared a personal interest as a builder.

To receive the Pannier Market Traders Committee consultation response (attached).

Council considered the Pannier Market Traders Committee consultation response (circulated previously).

The Head of Resources advised that it was recommended that the 3% increase in Pannier Market fees (£5,000) be earmarked to be spent on the Pannier Market.  The Council had committed to spend £0.5m to repair the roof to ensure that the market remained vibrant and to enable other types of events to be held there.  The project had been included within the capital programme and would be delivered during 2020/21.  The Barnstaple Vision work had also identified the Pannier Market as an important asset and it was anticipated that the Market would form part of the High Streets Fund bid.

Councillor York declared a personal interest as attended meetings of the Traders Committee in her own capacity.

In response to questions, the Head of Resources advised that it was proposed that the additional £5,000 income would be earmarked for planned maintenance, however this could be changed and ringfenced for an alternative use such as the refurbishment of the existing traders toilets.  The savings achieved following the closure of the pannier market overnight was not available at the meeting, however the information could be forwarded to Members.   The traders toilets were not open to the public.  The provision of public toilets in the market would be the subject of a separate decision.

It was moved by Councillor York and seconded by Councillor Davis “that minute 94 of the meeting of the Strategy and Resources Committee held on 3 February 2020 be adopted subject to the additional £5,000 received from the increase in Pannier Market fees being earmarked and spent on the refurbishment of the existing traders toilets at the Pannier Market”.

To receive the report of the meeting of the Harbour Board held on 4^th February 2020 (attached).

Councillor Fowler, Chair of the Harbour Board presented the Board’s report of the meeting held on 4 February 2020 (circulated previously).

Councillor Fowler declared a personal interest as a boat owner and trustee of the Yacht Club.

To receive the report of the Policy Development Committee held on 13^th February 2020 (attached).

Councillor Spear, Chair of the Policy Development Committee presented the  Committee’s report on the Review of Charges and Fees for 2020/21 (circulated previously).

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

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the Review of Charges and Fees for Services 2020/21 (circulated previously).

Councillor Worden confirmed that he would take on board Councillor York’s proposal in his motion.  It was moved by Councillor Worden and seconded by Councillor D Spear “that minute 94 of the meeting of the Strategy and Resources Committee held on 3 February 2020 be adopted subject to the additional £5,000 received from the increase in Pannier Market fees being earmarked and spent on the refurbishment of the existing traders toilets at the Pannier Market”.

RESOLVED that minute 94 of the meeting of the Strategy and Resources Committee held on 3 February 2020 be adopted subject to the additional £5,000 received from the increase in Pannier Market fees being earmarked and spent on the refurbishment of the existing traders toilets at the Pannier Market.

Budget Book 2020/21 (attached).  (NOTE: A copy of the report that was considered by the Strategy and Resources Committee on 3^rd February 2020 is attached).

Council received a presentation by the Head of Resources regarding the Revenue Budget 2020/21, Capital Programme and Medium Term Financial Strategy 2020/24 and highlighted the following:

·         Government settlement December 2019.  The confirmed 2020-21 settlement (included the Rural Services Delivery Grant) was £3.317m.  In cash terms this was £48,000 more than 2019/20 (1.5% increase) in line with last year.  The Fair Funding Review had been delayed by one year until April 2021.  The New Homes Bonus in-year allocation had been allocated for 2020/21 only.  There were no legacy payments on the 2020/21 allocation.  The Government was intending to consult on the future of housing incentive in Spring 2020 to move towards a new, targeted approach.  The Rural Services Delivery Grant matched the 2019/20 level.  Council Tax levels for District Councils could be increased by up to 2% or £5 whichever was higher.  The referendum in relation to Council Tax levels for Town and Parish Councils had been deferred.  

·         The reduction in Government funding for 2012/13 to 2020/21.  Funding had reduced from £28.1bn to £18.5bn (34%) to 2019/20.  There were potential significant changes to core funding from the Government from 2021/22 onwards and the Council needed to put plans in place to become more commercial and improve efficiencies across the whole Council.

·         Medium Term Financial Plan (2019-23) approved by Council in February 2019 was based on a number of financial assumptions about the future which included: funding from Central Government, retained Business Rates income and future Council Tax levels, cost pressures and saving plans, and contributions to and from reserves (e.g. vehicle replacement).  The forecast budget gap as at this time last year from 2021/22 onwards was outlined. 

·         New Homes Bonus changes introduced in 2017 and potential changes for 2021/22 year onwards.

·         New Homes Bonus provisional level of funding to 2020/21.  The level of funding for 2019/20 was £1,445,670.  The Medium Term Financial Plan assumed £1.446m, therefore there was an additional £391,000. It was recommended that £250,000 be placed into a reserve for transformation and delivery of the corporate plan.  For 2021/22 the projected income was £814,531, therefore was a potential reduction of over £1m funding on the current level.  For 2022/23 the projected income was £434,860, therefore was a potential reduction of over £1.4m funding on the current level.  There was uncertainty around future funding and design of the new scheme for 2021/22.       

·         The 2020/21 Business Rate retention forecast income was £1.986m.  The 2020/21 draft budget (above baseline funding) included £1.658m income.  Reform of Local Government funding from 2021/22 onwards.        

·         Local Government Finance funding reforms which included: Spending Review for the period 2021/22; a review of relative needs and resources; Business Rates retention pilots; Business Rates baseline reset; Fair Funding review; New Homes Bonus review; reforms to Local Government funding would change the level of resources available and impact on the revenue budget; indicative allocations would be announced in Autumn 2020.          

·         Council Tax levels for 2019/20 Band D properties had been increased by £5.33 (equivalent to 2.99%).  For 2020/21 Rural Councils  ...  view the full minutes text for item 115.

To receive the report of the Policy Development Committee held on 13^th February 2020 (attached).

Councillor Spear, Chair of the Policy Development Committee presented the Committee’s report on the Revenue Budget 2020/21, Capital Programme and Medium Term Financial Strategy 2020-24 (circulated previously).

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

Councillor Worden reported the recommendations of the Strategy and Resources Committee on the Revenue Budget 2020/21, Capital Programme and Medium Term Financial Strategy 2020-24 (circulated previously).

Council noted that in accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 which came into force on 25 February 2014 and that the Constitution, Council was required to take a recorded vote when setting its budget and Council Tax.

It was moved by Councillor Worden and seconded by Councillor Prowse “that the recommendation in minute 95 (f) to (i) of the meeting of the Strategy and Resources Committee held on 3 February 2020 in relation to the Revenue Budget 2020/21, Capital Programme and Medium Term Financial Strategy 2020-24 be adopted”.

Voting on the motion:

Voting for the motion:

Councillors Barker, Biederman, Bushell, Campbell, Cann, Chesters, Crabb, Davies, Fowler, Gubb, Henderson, Hunt, Jenkins, Knight, Lane, Leaver, Ley, Lofthouse, Lovering, Luggar, Mack, Mackie, Prowse, Roome, D. Spear, L. Spear, Topham, Topps, Tucker, Turton, Walker, Wilkinson, Worden, Yabsley and York.

Voting against the motion:

None.

Voting against the motion:

None.

Totals: 35 For, 0 Against and 0 Abstained.

The motion was carried.

RESOLVED that the recommendation in minute 95 (f) to (i) of the meeting of the Strategy and Resources Committee held on 3 February 2020 in relation to the Revenue Budget 2020/21, Capital Programme and Medium Term Financial Strategy 2020-24 be adopted.

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

Council considered the Treasury Management Strategy Statement 2020/21 report to the Strategy and Resources Committee on 3 February 2020 (circulated previously).

To receive the report of the Policy Development Committee held on 13^th February 2020 (attached).

Councillor Spear, Chair of the Policy Development Committee presented the Committee’s report on the Treasury Management Strategy Statement 2020/21 (circulated previously).

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

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Committee on the Treasury Management Strategy Statement 2020/21 (circulated previously).

It was moved by Councillor Worden and seconded by Councillor Roome that “minute 99 of the Strategy and Resources Committee held on 3 February 2020 in relation to the Treasury Management Strategy Statement 2020/21 be adopted”.

RESOLVED that minute 99 of the Strategy and Resources Committee held on 3 February 2020 in relation to the Treasury Management Strategy Statement 2020/21 be adopted.

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

Council considered the 10 Year Capital Strategy 2020-2030 report to the Strategy and Resources Committee on 3 February 2020 (circulated previously).

To receive the report of the Policy Development Committee held on 13^th February 2020 (attached).

Councillor Spear, Chair of the Policy Development Committee presented the Committee’s report on the 10 Year Capital Strategy 2020-2030 (circulated previously).

To receive the report of the Strategy and Resources Committee held on 3^rd February 2020 (attached).

Councillor Worden reported the recommendations of the Strategy and Resources Committee on the 10 Year Capital Strategy 2020-2030 (circulated previously).

It was moved by Councillor Worden and seconded by Councillor Prowse that “minute 100 of the Strategy and Resources Committee held on 3 February 2020 in relation to the 10 Year Capital Strategy 2020-2030 be adopted”.

RESOLVED that minute 100 of the Strategy and Resources Committee held on 3 February 2020 in relation to the 10 Year Capital Strategy 2020-2030 be adopted.

Report by Head of Resources (attached).

Council considered a report by the Head of Resources (circulated previously) regarding the Council Tax Resolution 2020/21.

The Head of Resources advised that since publication of the agenda, Devon County Council had met on 20 February 2020 and approved a Council Tax increase of 3.99% (included 2% for adult social care services) and Devon and Somerset Fire and Rescue Authority had met on 18 February 2020 and approved a Council Tax increase of 1.99%.

Council noted that in accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 which came into force on 25 February 2014 and the Constitution, Council was required to take a recorded vote when setting its budget and Council Tax.

It was moved by Councillor Henderson and seconded by Councillor Lane “that the formal Council Tax Resolutions for 2020/21 as set out in Appendix A of the report be approved.”

Voting on the motion

Voting for the motion:

Councillors Barker, Biederman, Bushell, Campbell, Cann, Chesters, Crabb, Davies, Fowler, Gubb, Henderson, Hunt, Jenkins, Knight, Lane, Leaver, Ley, Lofthouse, Lovering, Luggar, Mack, Mackie, Prowse, Roome, D. Spear, L. Spear, Topham, Topps, Tucker, Turton, Walker, Wilkinson, Worden, Yabsley and York.

Voting against the motion:

None.

Abstained from voting:

None.

Totals: 35 For, 0 Against and 0 Abstained.

The motion was therefore carried.

RESOLVED that the formal Council Tax Resolutions for 2020/21 as set out in Appendix A of the report be approved.

Report by Harbourmaster (attached).

Council considered a report by the Harbourmaster (circulated previously) regarding Public Spaces Protection Order in an around Ilfracombe Harbour.

It was moved by Councillor Fowler and seconded by Councillor Wilkinson “that North Devon Council makes a Public Spaces Protection Order for a period of 3 years in relation to Ilfracombe Harbour and roads adjacent to it, as per the Order attached at Appendix A”.

In response to a question regarding the previous decision made by Council, the Chief Executive advised that if the issuing of £100 penalty notices were referred to the Harbour Board for consideration, then there would be no sanction.  He advised that the wording of the letters sent to all boat owners clarifying the Council’s position regarding enforcement was included within the decision made by Council at its meeting in March 2019.

The decision made by Council on 13 March 2019 was read to Council.

In response to a question, the Harbourmaster advised that no fixed penalty notices had been issued within the past year.

Lead Member for Climate Change to report.

Council considered a report by the Lead Member for Climate Change (circulated previously) regarding Devon Council Council/North Devon Council’s response to the Climate Declaration.

The Lead Member for Climate Change brought Council’s attention to the Climate Week which was taking place 21-28 March 2020 and advised that a dedicated email address had been set up climate@northdevon.gov.uk.

To seek nominations to be put forward.

The Chief Executive advised that the Heart of Local Enterprise Partnership had appointed a Joint Scrutiny Committee with representatives from Devon and Somerset Local Authorities.  There were currently 17 Members that sat on the Joint Committee and one vacancy for a non-Executive District representative from the Devon Districts Forum.  A representative from West Devon Borough Council and East Devon District Council had been sought, however no representative had been nominated to date.  It was recommended that a Member be nominated to the Devon District Forum to fill the vacancy subject to the position not being filled by a Member from West Devon Borough Council or East Devon District Council.

It was moved by Councillor Worden and seconded by Councillor Tucker “that Councillor Prowse be nominated to the Devon District Forum to fill the vacancy on the Local Enterprise Partnership Scrutiny Committee subject to the position not being filled by a Member from West Devon Borough Council or East Devon District Council”.

The Chief Executive advised that at the next Council meeting, a briefing would be provided on the strategic roles of external bodies such as the Local Enterprise Partnership and Heart of South West.

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

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

(i)         23 January 2020

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

(i)         7 January 2020

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

(i)         4 February 2020

Minute 42: Ilfracombe Harbour – Charges Review 2020-21 (NOTE: This recommendation had been considered under minute 114 (b) on the agenda)

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

(i)        14 January 2020

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

(i)         9 January 2020

(ii)        13 February 2020

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