Agenda and minutes

Apologies for absence were received from Councillors Bulled, Chesters, Davis, Fowler, Nel and Saxby.

The Senior Corporate and Community Services Officer advised that Councillors Pearson and Wilkinson were attending the meeting virtually and therefore not able to take part in voting.

RESOLVED that the minutes of the meeting held on 11 January 2023 (circulated previously) be approved as a correct record and signed by the Chair.

(a)  NDC Chair Civic Service – Sunday 26 February 2023

The Chair reminded Councillors of her Civic Service which was taking place on Sunday 26 February 2023.  She advised that tea and coffee would be served between 10.00 am to 10.20 am and that the church service would commence at 10.20 am.  She said that it was really sad that out of 42 Councillors, only 20 had replied to the invitation to attend the Civic Service.  She advised that Councillors were also not replying to other emails and requests to attend other meetings and that it was bad manners and requested that Councillors respond to emails and invitations.

(b)  National Silence to Mark One Year Since Russian Invasion of Ukraine

The Chair advised Councillors that a one minute silence would be taking place on Friday 24 February 2023 at 11.00 am at Brynsworthy Environment Centre where the Ukraine flag would be raised, which was a national silence to mark one year since the Russian Invasion of Ukraine.

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

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

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

“Council notes that the introduction of Voter Identification for the Local Elections on 4th May 2023.

The Elections Act 2022 will require voters to present an approved form of Photo ID at a polling station in order to vote. Acceptable ID includes passports, driving licenses, older persons bus passes and Voter Authority Certificates for those without an existing valid ID.

Council notes there is little evidence that voter fraud is a systematic issue in UK elections:

·         In the 2019 General, Local, European and Mayoral Elections only 4 convictions resulting from allegations of in-person voter fraud – out of 58 million votes cast.

·         In the 2021 Local Elections just one caution for election fraud was issued by the police.

Council fully agrees with the comments made by the Electoral Commission to the Government in September 2022 advising that the new rules could not “be delivered in a way which is fully secure, accessible and workable”, pointing out that 7.5% of voters do not currently hold an acceptable form of ID and over 1000 voters were denied the opportunity to vote during Voter ID trials in the 2018 and 2019 Local Elections.

Council is deeply concerned that the requirement to provide Photo ID will present a significant barrier for thousands of residents in North Devon to exercise their right to vote – and these barriers will disproportionally affect ethnic minority, low income, disabled, LGBT+, elderly and young voters.

Council notes the acceptable forms of ID listed by the Government are weighted towards more affluent and older voters who are more likely to possess passports, driving licenses, older persons bus passes and senior PASS cards. Forms of photo ID most likely to be held by younger people (such as young person's railcards) have been excluded.

Council believes the rushed and last-minute timeframe in which this legislation has been enacted will put an enormous strain on staff and resources at North Devon Council to communicate the new rules to voters, provide Voter Authority Certificates to thousands of local residents and training polling station staff in less than 4 months in the lead up to the 2023 Local Elections.

Council instructs the Chief Executive, the Leader of the Council and other group leaders to write to the Cabinet Office to express the Council’s complete opposition about the damaging effect on democracy that mandatory Voter ID will have in UK elections and to demand that this section of the new legislation is repealed immediately.”

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

“2023/2024 Provisional Local Government Rural Settlement

Under the Provisional Settlement proposals, the gap in funding between rural and urban areas will, in fact increase. There is therefore a continuation of historic underfunding and unfairness for rural communities.

Once again, through the proposals, rural residents, communities, and businesses will, through their principal local authorities, find themselves in comparison to their urban counterparts both:

• Overcharged – through higher Council Tax  ...  view the full agenda text for item 93.

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

Councillor Walker presented her notice of motion to Council and requested that the notice of motion be amended to remove the reference to “Chief Executive”.

It was moved by Councillor Walker and seconded by Councillor Cann “that the notice of motion be adopted subject to the removal of the reference to “Chief Executive””.

RESOLVED that the Leader of the Council and other group leaders be instructed to write to the Cabinet Office to express the Council’s complete opposition about the damaging effect on democracy that mandatory Voter ID will have in UK elections and to demand that this section of the new legislation is repealed immediately.

(b)  To receive the following notice of motion from Councillor Worden

Councillor Worden presented his notice of motion to Council. He advised that since the publication of the agenda, the Local Government Finance Settlement for 2023/24 had been confirmed. On 6 February 2023, the Government had announced the actual support details and there had been a slight change.  The Rural Services Delivery grant (RSDG) in 2020/21 was £85m and he advised that it should increase to £96.27m in 2023/24 to reflect the impact of inflation. It had been announced in the Finance Settlement that it would increase to £95m, the result has provided an additional £40,000 of RSDG funding, however a corresponding reduction of the same amount within the separate Funding Guarantee grant has in effect resulted in the same level of funding for North Devon. 

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

RESOLVED that this Council:

1.       Agrees with the Rural Services Network that action is needed now:

(a)      The existing formula should be applied from 2023/24 - in full without damping. This does not require any new monies to be found.

(b)      There can be no justification for penalising rural authorities by continuing to deny them their full formula allocations. They have already been denied that benefit for 9 years.

(c)           If the formula is not going to be applied, then the amount necessary to do so for rural councils should be distributed via the Rural Services Delivery Grant (RSDG) mechanism and all authorities exemplified in benefiting from the 2013 formula changes should receive the relevant amount through RSDG.

(d)           Furthermore, RSDG should be uplifted in line with inflation, in the same way as the Settlement Funding Assessment (SFA).

2.    Agrees to ask our M.P. to lobby government for fair funding for rural councils and to write to the Chancellor supporting the RSN campaign.

(c)      To receive the following notice of motion from Councillor Tucker

Councillor Tucker presented his notice of motion to Council.

It was moved by Councillor Tucker and seconded by Councillor Knight “that the notice of motion be referred to the Strategy and Resources Committee for consideration and that the Committee also consider writing a letter to the  ...  view the full minutes text for item 93.

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

There were no declarations of interest received.

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

Report by Leader of the Council (attached).

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.

Councillor Walker advised Council of an event for Ukraine families to mark the 12 month invasion anniversary which would be taking place on Saturday 25 February 2023 from 4.00 pm at the Square, Barnstaple. Anyone was welcome to attend to support Ukraine refugees and those left behind.

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

Council noted that no questions had been submitted to the Leader or the Chair of a Committee under Part 4, Council Procedure Rules, paragraph 10.4 of the Constitution.

Report by the Director of Resources and Deputy Chief Executive to the Strategy and Resources Committee on 6 February 2023 (attached).

Council considered the Performance and Financial Management Quarter 3 report to the Strategy and Resources Committee on 6 February 2023 (circulated previously).

To receive the report of the Policy Development Committee held on 9 February 2023 (to follow).

Councillor D. Spear, Chair of the Policy Development Committee presented the Committee’s report on the Performance and Financial Management Quarter 3 of 2022/23 report to the Policy Development Committee on 9 February 2023 (circulated previously).

To receive the report of the Strategy and Resources Committee held on 6 February 2023 (attached).

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee held on 6 February 2023 on the Performance and Financial Management Quarter 3 of 2022/23 report (circulated previously).

It was moved by Councillor Worden and seconded by Councillor Walker “that minute 96 (f) of the report of the Strategy and Resources Committee held on 6 February 2023 regarding the Performance and Financial Management Quarter 3 of 2022/23 report be adopted”.

RESOLVED that minute 96 (f) of the report of the Strategy and Resources Committee held on 6 February 2023 regarding the Performance and Financial Management Quarter 3 of 2022/23 report be adopted.

Report by Director of Resources and Deputy Chief Executive to the Strategy and Resources Committee on 6 February 2023 (attached).

Council considered the Review of Fees and Charges for 2023/24 report to the Strategy and Resources Committee on 6 February 2023 (circulated previously).

Report by Ilfracombe Harbour Master (attached).

Council considered a report by the Ilfracombe Harbour Master (circulated previously) regarding the Ilfracombe Harbour Charges Review 2023-24.

To consider the recommendation of the Strategy and Resources Committeeon 6 February 2023 (attached).

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee held on 6 February 2023 on the North Devon CCTV Hub Charges (circulated previously).

To receive the report of the Policy Development Committee held on 9 February 2023 (to follow).

Councillor D. Spear, Chair of the Policy Development Committee presented the Committee’s report on the Review of Fees and Charges for Services 2023/24 to the Policy Development Committee on 9 February 2023 (circulated previously).

To receive the report of the Strategy and Resources Committee held on 6 February 2023 (attached).

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee held on 6 February 2023 on the Review of Fees and Charges for Services 2023/24 (circulated previously).

It was moved by Councillor Worden and seconded by Councillor York “that the recommendations in the Ilfracombe Harbour Charges Review 2023-24 report, recommendation 95(b) of the Strategy and Resources Committee held on 6 February 2023 regarding the North Devon CCTV Hub Charges and recommendation 97 of the report of the Strategy and Resources Committee held on 6 February 2023 regarding the Review of Fees and Charges for Services 2023/24 be adopted.”

RESOLVED that the recommendations in the Ilfracombe Harbour Charges Review 2023-24 report, recommendation 95(b) of the Strategy and Resources Committee held on 6 February 2023 regarding the North Devon CCTV Hub Charges and recommendation 97 of the report of the Strategy and Resources Committee held on 6 February 2023 regarding the Review of Fees and Charges for Services 2023/24 be adopted.

Report by the Director of Resources and Deputy Chief Executive to the Strategy and Resources Committee on 6 February 2023 (attached).

Councillor Worden, provided an introduction to the Revenue Budget 2023-24, Capital Programme and the Medium Term Financial Strategy 2023-24 to 2028-29 which had been considered by the Strategy and Resources Committee and Policy Development Committee. He thanked those Councillors that had attended the workshops held in August and October 2023.  The workshops had been cross party and considered options for reducing the £2m budget gap.  Some of these options had been included within the budget report to reduce the budget gap. He thanked the Director of Resources and the Finance team for producing a balanced budget and advised that the Council was extremely fortunate for having these officers.

Council received a presentation by the Director of Resources regarding the Revenue Budget 2023-24, Capital Programme and Medium Term Financial Strategy 2023-24 to 2028-29 (circulated previously) as follows:

• Consultation on the financial plans had taken place with local business rate payers at an event held on 21 February 2023 at Node.  Around 25 businesses had attended and positive feedback on the Council’s projects and plans was received.
• Funding levels to Local Authorities from 2012/13 to 2023/24.
• Finance Settlement – core spending power of 9.2% and analysis.
• As a Shire District the Council’s actual core spending power was on average only at 5%.
• The spending power varied according to region and the overall national level of 9.2% equivalent for the South West was 8.8%.
• Central Government had run a finance settlement consultation, closed 16 January 2023.  Appendix F of the report showed the response our Council had made in relation to this consultation.

• The draft budget was assuming an increase of 2.99% on Council Tax.
• Retained growth on Business rates of around £2 million.
• The challenges to the budget came from reduced grant funding from Government, reduced workforce levels since 2010 and the uncertainty of the future Local Government Funding.
• Inflationary pressures on the budget came from increased staff pay, increased energy prices, rising fuel prices and increased costs of external contracts.
• There had been two earlier budget workshops with Members and a full report to Council in November 2022 to approve options identified to draft the refreshed Medium Term Financial Strategy.
• Bridging the gap in the budget as follows (as detailed in section 4.1.2.14 of the report):

• Positive feedback received from Parishes and Town Councils in taking on responsibility for public conveniences.  This was being assumed as a revenue saving in the 2023/24 budget.
• A  ...  view the full minutes text for item 100.

To consider the recommendation of the Strategy and Resources Committee held on 6 February 2023 (attached).

Councillor D. Worden, Chair of the Strategy and Resources Committee reported the Committee’s recommendation on the Temporary Accommodation and Homelessness update to the Strategy and Resources Committee on 6 February 2023 (circulated previously).

To receive the report of the Policy Development Committee held on 9 February 2023 (to follow).

Councillor D. Spear, Chair of the Policy Development Committee presented the Committee’s report on the Revenue Budge 2023-24, Capital Programme and Medium Term Financial Strategy 2023-24 to 2028-29 to the Policy Development Committee on 9 February 2023 (circulated previously).

Councillor D. Spear thanked the Director of Resources for hard work in taking the Council through this process.

To receive the report of the Strategy and Resources Committee held on 6 February 2023 (attached).

Councillor Worden, Chair of the Strategy and Resources Committee reported the Committee’s recommendations on the Revenue Budget 2023-24, Capital Programme and Medium Term Financial Strategy 2023-24 to 2028-29 (circulated previously).

In response to questions, the Director of Resources advised the following:

·       The potential additional income from the extra Council Tax on Second Homes increase in 2024/25 would as currently be split up proportionally between major preceptors. There was opportunity for early discussions with Devon County Council via the Chief Executive and the Leader as part of the wider Team Devon group regarding the re-investment of this overall additional income to help with the housing crisis.

·       The 2022/23 Green Lanes budget was based on the original gross rental projections less capital costs and asset management fees. The net return was budgeted at £345,000 which helped to fund other projects and also included £75,000 for corporate property income reserve and £100,000 for the Economic Regeneration reserve for wider projects.  For 2023/24, the projected net return would be slightly higher as it would include the car park charges increase and it was estimated that it would be nearer a net return of £400,000.

·       The New Homes Bonus was previously a multi-year scheme and it was previously announced that it would decrease.  Changes to the scheme had reduced it from 6 to 4 years and the legacy payments had now been removed. Only a 1 year settlement was now received at a much lower amount.  For 2023/24, the Council would receive £448,000, which was around £1 million less than was received for 2022/23.  All Councils had seen a decline in New Homes Bonus funding. A new 3% funding guarantee had been introduced in 2023/24 to ensure Council’s overall funding levels were not lower than the previous year 2022/23.

·       Funding to the Theatres had not been included on the strategic grant appendix for the past few years. The strategic grants were for community and voluntary organisations rather than subsidies. Funding for the theatres for 2023/24 was budgeted at £145,000 which included inflationary increases in accordance with the contract and no additional funding had been awarded. The Capital Programme included a couple of projecst for improvements to be made and discussions were being held with Selladoor regarding the properties.

·       The Council was required to set a balanced budget and was not allowed to budget for a surplus.

·       Following the end of the current 2022/23 financial year, the Council would review any underspends and consider how these could be utilised to cover any overspends in other areas. The strategic grants for community and voluntary organisations did not include inflation. The Council had provided financial assistance to Citizens Advice by providing accommodation at Lynton House which was one tenth of the cost of the rental that they had paid previously. The team met regularly with the community and voluntary organisations in receipt of the Strategic Grants, none of which had requested additional funding under their service level agreements. It was positive that it was not proposed to reduce  ...  view the full minutes text for item 100c

Report by the Director of Resources and Deputy Chief Executive to the Strategy and Resources Committee on 6 February 2023 (attached).

Council considered a report by the Director of Resources and Deputy Chief Executive regarding the Treasury Management Strategy Statement 2023/24 to the Strategy and Resources Committee on 6 February 2023 (circulated previously).

To receive the report of the Policy Development Committee held on 9 February 2023 (to follow).

Councillor D. Spear, Chair of the Policy Development Committee presented the Committee’s report on the Treasury Management Strategy Statement 2023/24 to the Policy Development Committee on 9 February 2023 (circulated previously).

To receive the report of the Strategy and Resources Committee held on 6 February 2023 (attached).

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the Treasury Management Strategy Statement 2023/24 (circulated previously).

It was moved by Councillor Patrinos and seconded by Councillor Lofthouse “that minute 100 of the Strategy and Resources Committee held on 6 February 2023 regarding the Treasury Management Strategy Statement 2023/24 be adopted”.

RESOLVED that minute 100 of the Strategy and Resources Committee held on 6 February 2023 regarding the Treasury Management Strategy Statement 2023/24 be adopted.

Report by the Director of Resources and Deputy Chief Executive to the Strategy and Resources Committee on 6 February 2023 (attached).

Council considered a report by the Director of Resources and Deputy Chief Executive regarding the 10 Year Capital Strategy 2023-2033 to the Strategy and Resources Committee on 6 February 21023 (circulated previously).

To receive the report of the Policy Development Committee held on 9 February 2023 (to follow).

Councillor D. Spear, Chair of the Policy Development Committee presented the Committee’s report on the 10 Year Capital Strategy 2023-2033 to the Policy Development Committee on 9 February 2023 (circulated previously).

To receive the report of the Strategy and Resources Committee held on 6 February 2023 (attached).

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the 10 Year Capital Strategy 2023-2033 (circulated previously).

It was moved by Councillor Tucker and seconded by Councillor Roome “that minute 101 of the Strategy and Resources Committee held on 6 February 2023 regarding the 10 Year Capital Strategy 2023-2033 be adopted.”

RESOLVED that minute 101 of the Strategy and Resources Committee held on 6 February 2023 regarding the 10 Year Capital Strategy 2023-2033 be adopted.

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

Council considered a report by the Director of Resources and Deputy Chief Executive (circulated previously) regarding the Council Tax Resolutions for 2023/24.

The Director of Resources and Deputy Chief Executive highlighted the following:

·       Devon County Council at its meeting on 16 February 2023 had approved a Council Tax increase of 4.99%, which was in line with the report.

·       Devon and Somerset Fire and Rescue Authority at its meeting on 15 February 2023 had approved a Council Tax increase of £5, which was in line with the report.

It was moved by Councillor Worden and seconded by Councillor Tucker “that the formal Council Tax Resolutions for 2023/24 as set out in Appendix A of the report be approved.”

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.

Voting on the motion:

Voting for the motion: Councillors Biederman, Bushell, Campbell, Cann, Davies, Henderson, Hunt, Knight, Leaver, Ley, Lofthouse, Lovering, Mack, Mackie, Orange, Patrinos, Prowse, Roome, D. Spear, L. Spear, Tucker, Walker, Worden, Yabsley and York.

Voting against the motion: Councillor Lane

Abstained from voting: None

Totals: 25 For, 1 Against and 0 abstained.

The motion was therefore carried.

RESOLVED that the formal Council Tax Resolutions for 2023/24 as set out in Appendix A of the report be approved.

Report by Senior Planning Policy Officer (attached).

Council considered a report by the Senior Planning Policy Officer (circulated previously) regarding the Local Plan Review.

The Chief Executive presented the report to Council.

It was moved by Councillor Prowse and seconded by Councillor Worden that the recommendations in the report be adopted.

RESOLVED:

(a)  That the Council move to a targeted and focused partial update to the North Devon and Torridge Local Plan, the potential scope of which is indicatively set out within Appendix F, that specifically explores opportunities to address:

(i)             specific elements of the adopted local plan that are no longer consistent with national planning policy;

(ii)            specific policy provisions in the adopted local plan that are currently considered to be ineffectively worded or would benefit from clarification;

(iii)          those areas of policy whereby the adopted local plan is currently silent; and

(iv)          policy provisions which no longer conform to the majority views of the Councils.

(b) that the approach to updating the local plan is kept under review having regard to any relevant changes to the local and national context;

(c) that the scope of the update is established, the appropriate development plan vehicle for its delivery be established and a revised Local Development Scheme (LDS) presented to a future meeting of the Joint Planning Policy Committee for consideration and approval (or through such other mechanism as to be agreed with Members); and

(d) that work commence on a partial review of the Local Plan with immediate effect but that the formal decision of the review of the Local Plan (for Plan making purposes) be deferred until resolution of the following:

(i)       the results of the current national consultation regarding change to Plan making;

(ii)       the results of the review of the 5 Year Housing Land Supply position;

(iii)      a review of our position related to the Plan period; and

(iv)          completion of the Duty to Cooperate process.

(e) that concurrently, Officers explore and pursue actions and interventions to support the positive and effective implementation of the adopted North Devon and local plan.

Councillor Ley left the meeting.

Report by Senior Solicitor and Monitoring Officer (attached).

Council considered a report by the Senior Solicitor and Monitoring Officer (circulated previously) regarding the Constitution Update to Part 3 Annexe 2 and Part 4 Contract Procedure Rules.

In response to questions, the Chief Executive advised the following:

·       Part 3 Annexe 2 paragraph 4.12 – a local agreement was already in place and had been for a number of years for honorarium payments to be made to officers acting up over and above their normal duties.  The policy was set as a maximum of £500.  There was no specific budget for honorarium payments and was included within the overall service areas employee budget.  This was an amendment to ensure that constitution was up to date to reflect this.

·       Part 3 Annexe 2 paragraph 5.12 - it was understood that hackney carriage or private hire drivers had the right to appeal against revocation of licences, however further clarification would be sought.

It was moved by Councillor Roome and seconded by Councillor Patrinos that the recommendation be adopted.

RESOLVED that the proposed amendments to Parts 3 and 4 of the Constitution as annexed to this report be approved.

Report (attached)

Council considered and noted a report by the Lead Member for Climate Change (circulated previously).

The Lead Member for Climate Change reported the following:

·       He encouraged all Members to complete the online climate change training course.

·       He encouraged all Members to prompt all local groups that they had contact with to ask if they would organise an event or programme as part of the Climate action awareness week.

·       A second EV charging unit would be installed at the Cattle Market car park shortly.

·       The Council would be shortly installing LED lights in all of its office buildings.  The project for the installation of PV solar panels on Council assets roofs could not be progressed currently as the current usage figures within the business case did not include the impact following the implementation of the LED lights and would need to be updated to reflect this.

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

(i)             10 January 2023 (attached).

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

(i)             10 January 2023

(i)            11 January 2023

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

(i)             11 January 2023

(i)             8 December 2022

(ii)            5 January 2023

(iii)          9 February 2023 (to follow)

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

(i)             8 December 2022

(ii)            5 January 2023

(iii)          9 February 2023

(i)             9 January 2023

(ii)            6 February 2023

a.    Minute 94: Council Tax Discounts and Premiums

b.    Minute 103 (b): Approval and Use of S106 Public Open Space Funds - Berrynarbor

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

(i)             9 January 2023

(ii)            6 February 2023

a.    Minute 94: Council Tax Discounts

b.    Minute 103 (b): Approval and Use of S106 Public Open Space Funds - Berrynarbor