Agenda and draft minutes

Council - Wednesday, 24th November, 2021 6.30 pm

Venue: Crematorium Meeting Room - North Devon Crematorium. View directions

Contact: Corporate and Community Services  01271 388253

Note: From the 7 May 2021, the law requires all councils to hold formal meetings in person. The Council is also ensuring that all venues used are Covid secure and that all appropriate measures are put in place. This meeting will be webcast on https://watch.obitus.com/. The username is pina7672 and password is 040271. A recording will be available for 28 days following the meeting. There are limited spaces available for members of the public to attend in person, therefore if you would like to book a place, please contact Corporate and Community Services by 12noon on Monday 22 November 2021 by telephoning 01271 388253 or emailing member.services@northdevon.gov.uk. For track and trace purposes you will be required to provide your name, address and contact telephone number. This data will be held by the Council for 21 days. 

Items
No. Item

64.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Barker, Campbell, Chesters, Davis, Fowler, Gubb, Knight, Lovering, Luggar, Patrinos, Pearson, Saxby, Topham and Yabsley.

 

65.

To approve as a correct record the minutes of the meeting held on 29 September, 5 and 20 October 2021 (attached) pdf icon PDF 274 KB

Additional documents:

Minutes:

RESOLVED that the minutes of the meetings held on 29th September, 5th and 20th October 2021 (circulated previously) be approved as correct records and signed by the Chair.

 

66.

Chair's announcements

Minutes:

The Chair advised that the volunteer award events arranged by the North Devon Voluntary Service had now been held and certificates distributed. The most recent of which had been made to the foodbank volunteers.

 

67.

Business brought forward by or with the consent of the Chair

Minutes:

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

 

68.

Replies to any questions submitted by the Public and/or to receive Petitions under Part 4, Council Procedures Rules, Paragraphs 8 and 9 of the Constitution

Minutes:

There were no questions submitted by the Public, or Petitions received under part 4 of the Council Procedure Rules, Paragraph 8 and 9 of the Constitution.

 

69.

To consider motions of which notice has been submitted by Members in accordance with Part 4, Council Procedure Rules, Paragraph 11 of the Constitution

(a)  To consider the following notice of motion by Councillor Walker

 

“This council asks the government to bring forward legislation to make school uniform affordable for all. We recognise the importance of uniform and the correct wearing of it within schools as a social equaliser, but feel that at the moment many parents are struggling to buy uniform, especially with the effects of the pandemic and the way parents may have had to buy multiple uniform that hasn’t been worn much before having to be replaced. We also ask that within the school uniform policy that children are not penalised for minor infringements of uniform policy due to parental hardship or availability of the correct uniform for that child.

 

We would like to thank all our local schools for providing thrift shops or exchange services within the schools and recognise that these services are invaluable.”

 

(b)  To consider the following notice of motion by Councillor Lofthouse

 

“This council recognises that we are facing a climate emergency and that changes need to be made concerning the construction of new homes. Action needs to be taken to help secure the reaching of the government’s target of net zero by 2050. Furthermore we believe that it is important to apply the most recent National Design Guide for providing a healthy and pleasant place for our residents to live and work. The features in the guide are also climate friendly and will go some way towards the already adopted climate emergency to which this council is committed.

 

Architect and engineer Maria Smith, who edited the RIBA’s Built for the Environment report whose demands were presented to COP26, warned that the whole planning system was currently weighted against building sustainably.

“We have the knowhow, and every actor in the built environment wants to do a sustainable building – but the whole system is working against us,” said the Buro Happold director.

https://www.bdonline.co.uk/news/make-net-zero-buildings-the-only-ones-worth-building-architects-tell-cop/5114523.article

 

This council requests that:

 

(a)  The government implements the RIBA’s proposals as submitted to COP 26 without delay. This includes a requirement for the design councils’ guide to better placemaking to have priority as a material consideration for planning decisions. As part of new developments public facilities and infrastructure such as schools and health provisions need to be provided as an integral part of the initial construction.

 

(b)  All government inspectors consider a holistic approach with particular regard to the future consequences of climate change in the planning appeals process.

 

(c)  New developments should include processes which will enable properties to have net zero CO2 emissions. Actions to include rainwater harvesting and storage, SUDS to include natural filtration and recycling for use within the development’s life, electrical power provision to be renewable with at least 50% being produced on site or within the immediate locality and developments to be provided with the infrastructure to be EV charging ready.

 

(d)  Building regulations include actions to make it mandatory to insulate any new homes or additions to existing homes to a level that meets a  ...  view the full agenda text for item 69.

Minutes:

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

 

Councillor Walker presented her notice of motion to Council.

 

The Chief Executive advised that legislation in relation to school uniforms had received Royal Ascent.

 

The Leader advised that the Authority had funds available to help those in financial need and the public could be signposted to these by the Members.

 

It was moved by Councillor Walker and seconded by Councillor Cann that the notice of motion be adopted.

 

Following discussions, Councillor Walker as mover and Councillor Cann as seconder agreed to take on board the addition “shoes” in the notice of motion.

 

RESOLVED that the Council asks the Government to bring forward legislation, or statutory guidance, to make school uniform, including shoes, affordable for all. We recognise the importance of uniform and the correct wearing of it within schools as a social equaliser, but feel that at the moment any parents are struggling to buy uniform, especially with the effects of the pandemic and the way parents may have had to buy multiple uniform that hasn’t been worn much before having to be replaced. We also ask that within the school uniform policy that children are not penalised for minor infringements of uniform policy due to parental hardship or the availability of the correct uniform for that child.  We would like to thank all our local schools for providing thrift shops or exchange services within the schools and recognise that these services are invaluable.

 

 

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

 

Councillor Lofthouse presented his notice of motion to Council.

 

It was moved by Councillor Lofthouse and seconded by Councillor Davies that the notice of motion be adopted.

 

Councillor Worden requested that paragraphs (A)-(D) of the motion be presented to Government and that paragraphs (E)-(F) be forwarded to the Joint Planning Policy Committee for consideration in conjunction with the works on the Joint Local Development Plan.

 

Councillor Lofthouse, as the mover, and Councillor Davies, as the seconder of the motion, took this amendment on board.

 

RESOLVED that:

 

(i) The following points be presented to Government;

 

(A) The government implements the RIBA’s proposals as submitted to COP 26 without delay. This includes a requirement for the design councils’ guide to better place-making to have priority as a material consideration for planning decisions. As part of new developments public facilities and infrastructure such as schools and health provisions need to be provided as an integral part of the initial construction.

 

(B) All government inspectors consider a holistic approach with particular regard to the future consequences of climate change in the planning appeals process. 

 

(C) New developments should include processes which will enable properties to have net zero CO2 emissions. Actions to include rainwater harvesting and storage, SUDS to include natural filtration and recycling for use within the development’s life, electrical power provision to be renewable with at least 50% being produced on site or within the immediate locality and developments to be provided with  ...  view the full minutes text for item 69.

70.

Declarations of Interest

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

 

Minutes:

There were no declarations of interest received.

 

71.

Chair's replies to any questions to Council by Members submitted under Part 4, Council Procedures Rules, Paragraph 10 of the Constitution

Minutes:

There were no questions received by Members submitted under Part 4, Council and Procedure Rules, Paragraph 10 of the Constitution.

 

72.

Report of the Leader of the Council pdf icon PDF 280 KB

Report by Leader of the Council (attached).

Minutes:

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

 

The Leader addressed Council and thanked the staff involved in the purchase of the Green Lanes Shopping Centre.  He also passed on his appreciation of those staff and Members who had recently attended the funeral of Andrew Austen. 

 

In response to questions from Members, the Chief Executive confirmed that:

 

·         Civil Enforcement Officers did not have the same powers as the Police. Place makers were funded by the Government to provide assistance.

·         The board of Northern Devon Futures included staff of both Torridge and North Devon Council, along with representatives of One Northern Devon, Petroc, Local Employers etc. The aim of the Board was to co-ordinate resources and not replace governance or the Council. It did not affect the decision-making of Council.

 

73.

Questions by Members

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

Minutes:

There were no questions submitted by Members to the Leader or the Chair of a Committee under Part 4, Council Procedure Rules, paragraph 10.4 of the Constitution.

 

74.

Performance and Financial Management Quarter 2 2021-22 pdf icon PDF 516 KB

Report by Director of Resources and Deputy Chief Executive to the Strategy and Resources Committee on 1 November 2021 (attached).

Additional documents:

Minutes:

Council considered the Performance and Financial Management report for Quarter 2 of 2021/22 to the Strategy and Resources Committee on 1 November 2021 (circulated previously).

 

74a

Report by Policy Development Committee pdf icon PDF 200 KB

To receive the report by the Policy Development Committee on 18 November 2021 (attached).

Minutes:

Councillor D. Spear, Vice Chair of the Policy Development Committee presented the Committee’s report on the Performance and Financial Management for Quarter 2 of 2021/22 (circulated previously).

 

74b

Report of meeting of the Strategy and Resources Committee pdf icon PDF 195 KB

To receive the report of the Strategy and Resources Committee held on 1 November 2021 (attached).

Minutes:

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 2 of 2021/22 (circulated previously).

 

It was moved by Councillor Worden and seconded by Councillor Wilkinson “that minute 78 (f) the report of the Strategy and Resources Committee held on 1 November 2021 regarding the Performance and Financial Management for Quarter 2 of 2021/22 be adopted”.

 

RESOLVED that minute 78 (f) the report of the Strategy and Resources Committee held on 1 November 2021 regarding the Performance and Financial Management for Quarter 2 of 2021/22 be adopted.

 

75.

Mid Year Treasury Management Report 2021-22 pdf icon PDF 404 KB

Report by the Director of Resources and Deputy Chief Executive to the Strategy and Resources Committee on 1 November 2021 (attached).

Additional documents:

Minutes:

Council considered the Mid-Year Treasury Management Report for 2021/22 to the Strategy and Resources Committee on 1 November 2021 (circulated previously).

75a

Report by Policy Development Committee pdf icon PDF 198 KB

To receive the report of the Policy Development Committee held on 18 November 2021 (attached).

Minutes:

Councillor D Spear, Chair of the Policy Development Committee presented the Committee’s report on the Mid-Year Treasury Management Report 2021/22 (circulated previously).

75b

Report of meeting of the Strategy and Resources Committee pdf icon PDF 193 KB

To receive the report of the Strategy and Resources Committee held on 1 November 2021 (attached).

Minutes:

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the Mid-Year Treasury Management Report 2021/22 (circulated previously).

 

It was moved by Councillor Worden and seconded by Councillor Walker that “minute 79 of the Strategy and Resources Committee held on 1 November 2021 regarding the Mid-Year Treasury Management Report 2021/22 be adopted”

 

RESOLVED that minute 79 of the Strategy and Resources Committee held on 1 November 2021 regarding the Mid-Year Treasury Management Report 2021/22 be adopted.

 

76.

Appointment of External Auditors from 2023-24 pdf icon PDF 323 KB

Report by the Director of Resources and Deputy Chief Executive (report attached).

 

Additional documents:

Minutes:

The Director of Resources and Deputy Chief Executive addressed Council in relation to the Appointment of External Auditors from 2023-24 report (circulated previously).

 

Councillor Roome, Chair of the Governance Committee reported on the recommendations of the Governance Committee regarding the Appointment of External Auditors from 2023-24 (circulated previously).

 

It was moved by Councillor Roome, and seconded by Councillor Biederman that the recommendation in report stating “that North Devon Council opted into the national scheme for auditor appointments from April 2023 and the proposal from Public Sector Audit Appointments be formally accepted”.

 

RESOLVED that North Devon Council opted into the national scheme for auditor appointments from April 2023 and the proposal from Public Sector Audit Appointments be formally accepted.

 

77.

Report of Lead Member for Climate Change

Lead Member for Climate Change to report.

Minutes:

The Lead Member for Climate Change was not present to report his update.

 

It was agreed that an update from the Lead Member for Climate Change would be circulated via email to all Members.

78.

Report of Lead Member for the Environment pdf icon PDF 110 KB

Report (attached).

Minutes:

Councillor D Spear presented the Report of the Lead Member for the Environment (circulated previously) on behalf of the Lead Member.

 

Councillor Crabb noted that the report could have contained more practical information and statistics on electric vehicles etc.

 

RESOLVED that the Report of the Lead Member for the Environment (circulated previously) be noted.

 

79.

Minutes of Committees

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

 

79a

Building Control Joint Committee pdf icon PDF 142 KB

(i)             4 November 2021

Minutes:

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

 

(i)             4 November 2021

 

79b

Governance Committee pdf icon PDF 223 KB

(i)            20 October 2021

(ii)          16 November 2021

 

Additional documents:

Minutes:

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

 

(i)             20 October 2021

(ii)            16 November 2021

79c

Licensing and Community Safety Committee pdf icon PDF 215 KB

(i)             19 October 2021

Minutes:

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

 

(i)             19 October 2021

 

79d

Planning Committee pdf icon PDF 245 KB

(i)             13 October 2021

 

Minutes:

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

 

(i)             13 October 2021

79e

Policy Development Committee pdf icon PDF 266 KB

(i)            18 November 2021 (attached)

Minutes:

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

 

(i)             18 November 2021

 

79f

Strategy and Resources Committee pdf icon PDF 220 KB

(i)             4 October 2021

 

(ii)            1 November 2021

(A) Minute 81 (c): Approval and Release of Section 106 Public Open Space Funds – Barnstaple, Chulmleigh, Newton Tracey and Witheridge

(B) Minute 82: Gambling Statement of Principles

Additional documents:

Minutes:

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

 

(i)             4 October 2021

(ii)            1 November 2021:

a) Minute 81(c.): Approval and Release of Section 106 Public Open Space Funds – Barnstaple, Chulmleigh, Newton Tracey and Witheridge.

 

b) Minutes 82: Gambling Statement of Principles.