Agenda and minutes

Council - Wednesday, 16th January, 2019 6.00 pm

Venue: Barum Room - Brynsworthy. View directions

Contact: Corporate and Community Services  01271 388253

Items
No. Item

64.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Bonds, Bradford,Campbell, Davis, Hunt, Ley, Meadlarkin, Roome, White, Wilkinson and Yabsley.

65.

To approve as a correct record the minutes of the meeting held on 21st November 2018 (attached). pdf icon PDF 84 KB

Minutes:

RESOLVED that the minutes of the meeting held on 21st November 2018 (circulated previously) be approved as a correct record and signed by the Chairman.

 

66.

Chairman's announcements

Minutes:

The Chairman reminded Council and members of the public of the housekeeping procedure rules.

67.

Business brought forward by or with the consent of the Chairman

Minutes:

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

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 and/or Petitions under Part 4, Council Procedure Rules, Paragraphs 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

Minutes:

There were no motions of which notice that had been submitted by Members in accordance with Part 4, Council Procedure Rules, Paragraph 11 of the Constitution for consideration.

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 announced.

71.

Chairman'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 submitted to Council by Members under Part 4, Council Procedure Rules, Paragraph 10 of the Constitution for consideration.

72.

Executive reports pdf icon PDF 286 KB

(NOTE: Minutes of the meeting of the Executive held on 3rd December 2018 (attached)).  (NOTE: Please refer to Guidance Notes for Rules of Debate at meetings of Council on page 5 of the agenda front pages.)

72a

Executive Leader Report pdf icon PDF 131 KB

Report by Leader (attached).

Minutes:

Council noted a report by the Leader of the Council (circulated previously) regarding the work of the Executive.

 

In response to a question, the Leader advised that at the Devon Districts Forum meeting on 11th January 2019, the Leader of Devon County Council had advised that the Communities Together Fund would not be in available from 2019/20.  This was subject to the formal decision being made by its Council meeting.

 

72b

Executive Members reports, as required

Minutes:

There were no Executive Member reports.

 

72c

Questions to Executive submitted under Part 4, Council Procedure Rules, paragraph 10 of the Constitution

Minutes:

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

 

(i)         Question to Councillor Brailey from Councillor Biederman “When will the planning website be updated and become much more user-friendly, with thumb nails having a title?”  Councillor Brailey’s response “Councillor Biederman thank you for your question. The website has titles, however, we understand it can be somewhat confusing and difficult to access at times. Customer services is currently working to make the whole process easier. The Head of Place Mike Tichford has advised that we are aiming to achieve improvements by the summer of this year with full implementation by early 2020.”  Councillor Biederman asked a supplementary question as to when would the planning website become more user friendly.  Councillor Brailey advised that progress was being made, the communications team were working hard to bring the timescale forward and it would be implemented by early 2020.

 

(ii)        Question to Councillor Brailey from Councillor Biederman “Following the trials of the three weekly bin collection, what is the timetable for a roll-out, or was it found not to take it any further?”  Councillor Brailey’s response “Councillor Biederman thank you for your question. The timetable for the three-weekly bin collections has yet to be decided. It will go to Executive in the coming weeks and that result will go to full council for further discussions.”  Councillor Worden asked a supplementary question as to why there was no timetable in place.  Councillor Brailey advised that the Portfolio Holder was currently working with the Head of Operations on the timetable for the roll-out which would be brought to the Executive in the near future.

 

(iii)       Question to Councillor Brailey from Councillor Worden “Would the Leader kindly explain to the Council why he has overruled the motion passed by the Full Council last autumn and cancelled cross party meetings to arrange the conference/symposium designed to help businesses cope with Brexit without consultation with the members on the group. The clock is ticking and with such disarray at the heart of government and a distinct possibility of a no deal Brexit, where is the help from this council to local businesses in preparing for the fall out from leaving the EU?”  Councillor Brailey’s response “Councillor Worden, thank you for your question. There was no cancellation, but a postponement of the meeting and you are well aware of that! There was little point in meeting because we did not have information back at the time from those interested parties that Mr Miles had written to. Furthermore, at the time we did not have a steer from Parliament. However, now that Parliament have given their opinion of the deal with the EU I do not believe we are any further forward. Following the letter from the Head of Legal we have had only two responses and therefore, it will be difficult to set up a meaningful meeting that is not full of Councillors or political representatives who just offer their own  ...  view the full minutes text for item 72c

72d

Recommendations of the Executive pdf icon PDF 8 KB

To consider the recommendations of the Executive (attached).

 

(i)

3rd December 2018

 

(A)

Minute 80 (b) and (c): Tarka Tennis Centre Artificial Grass Pitch.

(B)

Minute 83 (d): The Acquisition of the Sub Lease Interest at Plot 1, Seven Brethren Bank, Barnstaple.

 

Minutes:

Council considered the recommendations of the Executive held on 3rd December 2018 (circulated previously).

 

It was moved by Councillor Edgell and seconded by Councillor Flynn “that minutes 80 (b) and (c) and 83 (d) of the meeting of the Executive held on 3rd December 2018 be adopted”.

 

RESOLVED that minutes 80 (b) and (c) and 83 (d) of the meeting of the Executive held on 3rd December 2018 be adopted.

 

73.

Treasury Management Strategy Statement and Annual Investment Strategy - Mid Year Review Report 2018/19 pdf icon PDF 353 KB

(NOTE: A copy of the report that was considered by the Executive on the 3rd December 2018 is attached).

73a

Report of meeting of the Overview and Scrutiny Committee.

To receive the report of the meeting of the Overview and Scrutiny Committee held on 10th January 2019 (to follow).

Minutes:

Councillor Patrinos, Chairman of the Overview and Scrutiny Committee presented the Committee’s report on the Treasury Management Strategy Statement and Annual Investment Strategy – Mid Year Review Report 2018/19 (tabled).

 

73b

Report of meeting of the Executive pdf icon PDF 54 KB

To receive the report of the meeting of the Executive held on 3rd December 2018 (attached).

Minutes:

Councillor Brailey reported the recommendations of the Executive on the Treasury Management Strategy Statement and Annual Investment Strategy – Mid Year Review Report 2018/19 (circulated previously).

 

It was moved by Councillor Brailey and seconded by Councillor Barker “that the recommendation in minute 77 of the meeting of the Executive held on 3rd December 2018 be adopted”.

 

              RESOLVED that the recommendation in minute 77 of the meeting of the Executive held on 3rd December 2018 be adopted.

74.

North Devon District UK Parliamentary/Local Government Polling District and Polling Places Review pdf icon PDF 18 KB

Report by Electoral Services Manager (attached).

Additional documents:

Minutes:

Council considered a report by the Electoral Services Manager (circulated previously) regarding the North Devon District UK Parliamentary/Local Government Polling District and Polling Places Review.

 

The Chief Executive advised of a minor amendment to the proposed Polling District and Polling Stations within the North Devon Constituency in that the polling station for register CT for the Ilfracombe (West) ward should state “ACF Drill Hall, Bicclescombe Park Road, Ilfracombe”.

 

It was moved by Councillor Brailey and seconded by Councillor Barker “that the proposed Polling District and Polling Places within the North Devon Constituency as required by the Electoral Administration Act 2006 be adopted subject to the polling station for register CT for the Ilfracombe (West) ward being amended to state “ACF Drill Hall, Bicclescombe Park Road, Ilfracombe””.

 

RESOLVED that the proposed Polling District and Polling Places within the North Devon Constituency as required by the Electoral Administration Act 2006 be adopted subject to the polling station for register CT for the Ilfracombe (West) ward being amended to state “ACF Drill Hall, Bicclescombe Park Road, Ilfracombe”.

 

75.

DEFRA/Natural England Landscape Pioneer Update

Presentation by Jo Traill Thomson, Landscape Pioneer and Local Natural Capital Plans, DEFRA.

Minutes:

Council received a presentation by Dr Jo Traill Thomson, Landscape Pioneer and Local Natural Capital Plans, DEFRA regarding an update on the DEFRA/Natural England Landscape Pioneer project.  She outlined: the “key asks” from Defra for the Landscape Pioneer initiatives; that Landscape Pioneer initiatives were taking place in North Devon, Cumbria, Manchester and Suffolk; work that had been undertaken in North Devon to-date; the six impacts for the initiative in North Devon that had been agreed; expenditure heatmap for North Devon; number of organisations spending per km²; where spend take places; outcomes of a workshop regarding organisations working together to generate greater income and investment; the Pioneer Board would consider a 25 year Environment Plan for adoption; the initiative would end in March/April 2020; prior to the end of the initiative the three key areas of focus would be net gain work, natural capital strategy and investment cases for the North Devon Pioneer and Environmental Land Management trial.

 

The Landscape and Countryside Officer agreed to email Members the definition of Natural Capital Strategy.

 

Council thanked Dr. Jo Traill Thomson for her presentation and attendance.

76.

Council Tax Base 2019/20 pdf icon PDF 95 KB

Report by Head of Resources (attached).

Additional documents:

Minutes:

Council considered a report by the Head of Resources (circulated previously) regarding the calculation of the Council Tax base for 2019/20.

 

It was moved by Councillor Brailey and seconded by Councillor Moores “that the report for the calculation of the Council Tax Base for 2019/20 by the Head of Resources be approved and that pursuant to the report and in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, the amount calculated by North Devon District Council as its schedule for 2019/20 shall be as shown on the schedule attached to the report”.

 

            RESOLVED:

 

(a)

that the report for the calculation of the Council Tax Base for 2019/20 by the Head of Resources be approved;

 

(b)

that pursuant to the report and in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, the amount calculated by North Devon District Council as its schedule for 2019/20 shall be as shown on the schedule attached to the report.

 

77.

Pannier Market Public Spaces Protection Order pdf icon PDF 47 KB

Report by CCTV, Town Centre and Pannier Market Manager (attached).

Additional documents:

Minutes:

Council considered a report by the CCTV, Town Centre and Pannier Market Manager (circulated previously) regarding the making of a further Public Spaces Protection Order.

 

It was moved by Councillor Webber and seconded by Councillor Brailey “that North Devon Council makes a further Public Spaces Protection Order for a period of 3 years in relation to the Pannier Market, Barnstaple as per the Order attached as Appendix A of the report.”

 

RESOLVED that North Devon Council makes a further Public Spaces Protection Order for a period of 3 years in relation to the Pannier Market, Barnstaple as per the Order attached as Appendix A of the report.

 

78.

Heart of the South West Joint Committee pdf icon PDF 200 KB

Report by Head of Corporate and Community (attached).

Minutes:

Council considered a report by the Head of Corporate and Community (circulated previously) regarding an update on the work of the Heart of the South West (HotSW) Joint Committee, the budget for the Committee and authority to delegate further powers to the Joint Committee.

 

It was moved by Councillor Brailey and seconded by Councillor Edmunds “that the development and endorsement of the HotSW Local Industrial Strategy (LIS) be delegated to the HotSW Joint Committee (noting that final approval of the HotSWLIS rests with the HotSW Local Enterprise Partnership (LEP) and the Government); that the Budget statement for 2018/19 as set out in Appendix A of the report be noted and it be noted that in accordance with the decisions taken at the time the Joint Committee was established the Council would be asked to make an annual budgetary provision to meet the support costs of the Joint Committee in line with the 2018/19 contribution of £1400; and that the Budget and Cost-sharing agreement as set out Appendix B of the report be agreed”.

 

            RESOLVED:

 

(a)

that the development and endorsement of the HotSW Local Industrial Strategy (LIS) be delegated to the HotSW Joint Committee (noting that final approval of the HotSWLIS rests with the HotSW Local Enterprise Partnership (LEP) and the Government);

 

(b)

that the Budget statement for 2018/19 as set out in Appendix A of the report be noted and it be noted that in accordance with the decisions taken at the time the Joint Committee was established the Council would be asked to make an annual budgetary provision to meet the support costs of the Joint Committee in line with the 2018/19 contribution of £1400;

 

(c)

that the Budget and Cost-sharing agreement as set out Appendix B of the report be agreed.

 

Councillor Mathews requested that it be recorded in the minutes that he abstained from voting as a Devon County Council Member of the HotSW LEP Scrutiny Committee.

79.

Urgent Decisions taken during the period 13th November 2018 to 7th January 2019.

To note that no urgent decisions have been taken during this period.

Minutes:

Council noted that no urgent decisions had been taken during the period 13th November 2018 to 7th January 2019.

80.

Report of Chairman of Overview and Scrutiny Committee pdf icon PDF 76 KB

Report by Chairman of Overview and Scrutiny Committee (attached).

Minutes:

Council noted a report by the Chairman of Overview and Scrutiny Committee (circulated previously) regarding the work of the Overview and Scrutiny Committee.

81.

Minutes of Committees

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

 

81a

Licensing Committee pdf icon PDF 158 KB

(i)

4th December 2018

 

Minutes:

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

 

(i)  4th December 2018

 

81b

Ilfracombe Harbour Board pdf icon PDF 46 KB

(i)

13th November 2018

 

Minutes:

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

 

(i)  13th November 2018

 

In response to a question in relation to minute 27 (a) of the Ilfracombe Harbour Board, the Chief Executive advised that the Board was charged to produce a Strategic Development Plan up to 2026 which included the vision for the harbour.  The plans for a breakwater was an aspiration of the Board and a workshop had taken place to introduce new Board Members to the concept.

 

81c

Overview and Scrutiny Committee

(i)

10th January 2019 (to follow)

 

Minutes:

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

 

(i)  10th January 2019

81d

Planning Committee pdf icon PDF 48 KB

(i)

14th November 2018

 

(ii)

12th December 2018

 

Additional documents:

Minutes:

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

 

(i)  14th November 2018

(ii)  12th December 2018