Agenda and minutes

Apologies for absence were received from Councillors Chugg and Greenslade.

The Chairman reminded Members, Officers and members of the public in attendance of the housekeeping procedure rules.

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

Council received the following question from Elizabeth Easterbrook-Hill:

“I represent a group of residents in Bishops Tawton, where the County Council are proposing to install an underpass to cross the A361 between the village and Bishops Tawton Road in Newport.  The County Council had originally told us that, in their opinion, the work could be carried out under their permitted development rights and did not require planning consent.  They have more recently advised that they are reconsidering this clearly incorrect view given the professional advice we have recently submitted to them. 

The underpass proposal came about as a result of concerns raised by the Parish Council and local residents on the impact of the proposed Bishops Tawton Roundabout improvements on pedestrian safety (around 70 people a day currently cross the A361 on foot – most of these are at the start or end of the school day).  We have expressed concerns to the County Council regarding the proposal on a number of points, the key ones are:

·         That the underpass proposal should be given proper scrutiny and be dealt with as a planning application, rather than as permitted development.  This would allow proper scrutiny by the police, local council and Environment Agency of the impact of the proposal on personal safety, environmental impact and impact on the local drainage network;

·         That an underpass is not the safest nor most economical solution to the problem of pedestrian safety (Toucan crossings have been considered suitable in at least two other crossings of the Link Road between Barnstaple and Bideford – at Roundswell and Heywood);

·         That the proposal is a huge waste of public money.  We have been advised that an underpass would cost £2m. A Toucan crossing would be a fraction of the cost.

Can I ask that the District Council insist that the proposal is dealt with as a planning application and that you make sure that the proposals are subject to proper scrutiny with regards to safety, environmental harm and cost effectiveness?”

In response to the question, the Leader advised “Thank you for your enquiry.  The District Council as local planning authority will determine any application submitted to it.  We can not however require a developer to submit a planning application when the development proposed falls within permitted development rights.  We have however passed the question on to DCC who have responded to say that a decision regarding Bishop’s Tawton Roundabout is currently on hold whilst DCC reviews options for progressing the scheme as a result of the comments submitted during the public consultation. If the outcome of this review is that the works form a major scheme, then DCC will move to submit a planning application; most likely in late spring.  Any further questions regarding DCC’s proposals should be directed to DCC or the local DCC members”.

Councillor Edgell (in his capacity as Devon County Councillor for the area) advised that the matter was currently being examined by Devon County Council and it was anticipated that a  ...  view the full minutes text for item 86a

Council received the following question from Gareth Vaughan-Williams:

“Now that planning approval has been given for work to the Link Road, what measures will the Council take to make sure that the impacts of increased traffic on the local communities will be mitigated?

The County Council’s own studies predict that even with the Link Road widening and junction improvements in place, rush hour traffic on some of Barnstaple’s residential streets will increase by 30%.  Some of these roads, like South Street and Bishops Tawton Road where I live, are not designed to cope with the amount of traffic they are already getting.  Cars and lorries regularly mount the pavements, putting pedestrians lives at risk, parked cars are regularly damaged and residents’ houses vibrate every time a lorry goes by.  Journeys on foot and by bicycle are suppressed and the quality of life of the whole neighbourhood is affected. 

Increased volumes of traffic are bound to exacerbate these problems and to lead to more problems of rat running, increased risk to pedestrians and potential damage to listed buildings.  I have tried bringing these matters to the attention of the County Council, but their response has been underwhelming.  Can I ask that the District Council give the issue of increased traffic in Barnstaple’s residential streets the scrutiny it deserves?”

In response to the question, the Leader advised “Thank you for your enquiry.

When a planning application is submitted to the District Council for it to determine as local planning authority, the impact of the development on the highway network is an issue that is given consideration.  The District Council will consult with the Highway Authority, DCC, who will provide its views on each relevant application.  Those views are then taken into account by the District Council when taking the decision.  In that regard, traffic issues are scrutinised as part of the process.  Because the question raises general concerns, the District Council has passed a copy of the question to DCC who have responded as follows:-

“With the significant level of growth identified in the Local Plan for the Bideford and Barnstaple areas, traffic growth will occur. The function of the A39/A361 strategic corridor will be vital to future traffic management in the Northern Devon area and for supporting the local economy. Without improvements to this corridor the impacts of traffic growth on some other routes like South Street are likely to be worse than if we do nothing.

To mitigate the worst impacts of traffic growth on the town’s local road network, the transport strategy and infrastructure delivery plan for the local plan does support improvements to the junctions on the A361/A39 corridor. It also supports investment in walking, cycling and bus infrastructure in promoting alternatives to using the car for local trips and for encouraging travel into and around Barnstaple by bus from the surrounding major road network.

It is important that new developments both help to deliver elements of new highway infrastructure to access their sites and contribute towards the  ...  view the full minutes text for item 86b

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

Councillor Worden presented his notice of motion to Council.

It was moved by Councillor Worden and seconded by Councillor Biederman “This Council acknowledges that there is overwhelming evidence indicating that human activity has resulted in global climate change that threatens our future and those of generations to come. It is clear that we must all take significant steps to address our lifestyles immediately in order to slow and, in time, reverse this damage. In our position as a local authority, we have a crucial role to play in both leading by example and influencing the way that the residents and businesses of North Devon live and work.  The Officers and Members in recent years have started to address the causes and impact of Climate Change in North Devon. As a Council, we have already worked on reducing the use of plastics and improving recycling rates. However, there is much more that needs to be done such as encouraging residents, where possible, to shop locally and to use local produce. This Council acknowledges that effective action to address these issues will take time to implement. We cannot expect residents to change their habits if we are not prepared to lead by example in the fight against climate change for the sake of everyone in North Devon both now and in the future.  This Council therefore resolves to set up an officer-led working group, to include interested councillors, drawing on expert external advice to provide informed policy input and practical suggestions of issues that this Council can and should be addressing going forward. This working group should report to the Overview and Scrutiny Committee with the remit to make recommendations as appropriate to the Executive and Full Council.”

It was moved by Councillor Spear and seconded by Councillor Barker “that the notice of motion be amended to include that the officer-led working group be under the leadership of the Portfolio Holder for the Environment.”

Councillor Worden agreed to take the amendment on board within the notice of motion.

(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 announced.

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

(NOTE: Minutes of the meetings of the Executive held on 7^th January 2019 and 4^th February 2019 (attached)).  (NOTE: Please refer to Guidance Notes for Rules of Debate at meetings of Council on page 5 of the agenda front pages).

Report by Leader (attached).

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

There were no Executive Member reports.

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

To consider the recommendations of the Executive (attached).

Council considered the recommendations of the Executive held on 7^th January 2019 and 4^th February 2019 (circulated previously).

It was moved by Councillor Brailey and seconded by Councillor Croft “that minutes 92, 93, 94 (b) and 95 (b) of the meeting held on 7^th January 2019 and minutes 101 (f) and 109 of the meeting held on 4^th February 2019 be adopted.”

RESOLVED that minutes 92, 93, 94 (b) and 95 (b) of the meeting held on 7^th January 2019 and minutes 101 (f) and 109 of the meeting held on 4^th February 2019 be adopted.

(NOTE: A copy of the report that was considered by the Executive on 4^th February 2019 is attached).

To receive the report of the meeting of the Overview and Scrutiny Committee held on 12^th February 2019 (to follow).

Councillor Patrinos, Chairman of the Overview and Scrutiny Committee presented the Committee’s report on the Quarterly Performance and Financial Management Quarter 3 2018/19 (tabled).

To receive the report of the meeting of the Executive held on 4^th February 2019 (attached).

Councillor Brailey reported the recommendations of the Executive on the Quarterly Performance and Financial Management Quarter 3 2018/19 (circulated previously).

It was moved by Councillor Brailey and seconded by Councillor Barker “that minute 100 (f) of the meeting of the Executive held on 4^th February 2019 be adopted”.

RESOLVED that minute 100 (f) of the meeting of the Executive held on 4^th February 2019 be adopted.

(NOTE: A copy of the report that was considered by the Executive on 4^th February 2019 is attached).

The Head of Resources advised Council that the Head of Operational Services had requested that the commercial waste charges for the collection of garden waste be amended to be aligned to the collection of domestic garden waste of £36 per year.  It was therefore recommended that the charge for the collection of commercial garden waste be amended to £36 per year.

To receive the report of the meeting of the Overview and Scrutiny Committee held on 12^th February 2019 (to follow).

Councillor Patrinos, Chairman of Overview and Scrutiny Committee presented the Committee’s report on the Review of Charges and Fees for services 2019/20 (tabled).

To consider the recommendation of the Ilfracombe Harbour Board at its meeting on 5^th February 2019 (attached).

Councillor Fowler, Chairman of the Ilfracombe Harbour Board presented the Board’s recommendation of the Ilfracombe Harbour Board on the Review of Charges and Fees for services 2019/20 (circulated previously).

Councillor Fowler declared a personal interest as a boat owner.

To receive the report of the meeting of the Executive held on 4^th February 2019 (attached).

Councillor Brailey reported the recommendations of the Executive on the Review of Charges and Fees for services 2019/20 (circulated previously).

It was moved by Councillor Brailey and seconded by Councillor Barker “that minute 102 of the meeting of the Executive held on 4^th February 2019 be adopted subject to the commercial waste charges for the collection of garden waste being amended to be aligned to the collection of domestic garden waste of £36 per year”.

RESOLVED that minute 102 of the meeting of the Executive held on 4^th February 2019 be adopted subject to the commercial waste charges for the collection of garden waste being amended to be aligned to the collection of domestic garden waste of £36 per year.

(NOTE: A copy of the report that was considered by the Executive on 4^th February 2019 is attached).

Council received a presentation by the Head of Resources regarding the Revenue Budget 2019/20, Capital Programme and Medium Term Financial Strategy 2019-2023 and highlighted the following:

·         Government settlement December 2018.  The final 2019-20 settlement (including the Rural Services Delivery Grant) was £3.269m (Year 4).  In cash terms this was £363,000 less than 2018-19 (10% reduction) in line with the Medium Term Financial Plan.  75% Business Rate Pilot bid for Devon had been unsuccessful.  There were no new changes announced for the New Homes Bonus for 2019/20, however potential changes for 2020/21.   The Rural Services Delivery Grant matched the 2018/19 level.  Council Tax levels for District Councils could be increased by up to 3% or £5 whichever was higher.  The referendum in relation to Council Tax levels for Town and Parish Councils had been deferred.  The Government had awarded one off funding for Brexit over a 2 year period of £17,500 for 2018/19 and £17,500 for 2019/20.  This grant would be placed in an earmarked reserve.

·         Government settlement change in funding by class of Authority.  The Shire Districts and County Councils had received the largest reduction in funding from 2015/16 to 2019/20.

·         Medium Term Financial Plan (2018-22) approved by Council in February 2018 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 savings plans and contributions to and from reserves (e.g. vehicle replacement).  The forecast budget gap from 2019/20 to 2021/22, as at February 2018 was outlined.

·         New Homes Bonus changes introduced in 2017. 

·         New Homes Bonus provisional level of funding to 2019/20.  The level of funding for 2018/19 was £1,313,520.  The Medium Term Financial Plan assumed £1.3m for 2019/20 therefore there was an additional £146,000.  £100,000 from the New Homes Bonus would be placed into a reserve for one off capital projects.

·         Business Rates Retention.  100% Business Rate Pilot had been accepted for Devon for 2018/19.  The pilot programme was for one year.  The estimated additional one-off business rates gain was £0.750m.  This gain had been placed into earmarked reserves 2018/19 for future year projects.  The Government had invited bids for 2019/20 pilots, however Devon had been unsuccessful and would revert back to the Devon Pool (50% scheme).

·         The 2019/20 Business Rate retention forecast was £1.690m.  The 2019/20 draft budget (above baseline funding) was £1.502m. 

·         Local Government Finance funding reforms which included: Spending Review for the period 2020/21; a review of relative needs and resources; Business Rates Retentions 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 have an impact on revenue budget; indicative allocations would be announced during the Autumn 2019.

·         Council Tax levels for 2018/19 Band D properties had been increased by £5.16 (equivalent to 2.99%).  Rural Councils could increase levels by up to 3% or £5 whichever higher.  By increasing the level by 2.99% for 2019/20 would increase NDC’s proportion of  ...  view the full minutes text for item 93.

To receive the report of the meeting of the Overview and Scrutiny Committee held on 12^th February 2019 (to follow).

Councillor Patrinos, Chairman of Overview and Scrutiny presented the Committee’s report on the Revenue Budget 2019/20, Capital Programme and Medium Term Financial Strategy 2019-23 (tabled). 

He expressed concern of the two special Executive meetings that had been arranged on 26^th February 2019 and on 1^st April 2019 which would be considering capital expenditure for the Leisure provision and Watersports Centre projects that would affect the Council’s financial position.

To receive the report of the meeting of the Executive held on 4^th February 2019 (attached).

Councillor Brailey reported the recommendations of the Executive on the Revenue Budget 2019/20, Capital Programme and Medium Term Financial Strategy 2019-2023 (circulated previously).

Council noted that in accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 which came into force on 25^th 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 Patrinos and seconded by Councillor Edmunds “that the recommendation in minutes 103 (f), (g), (h) and (i) of the meeting of the Executive held on 4^th February 2019 in relation to the Revenue Budget 2019/20, Capital Programme and Medium Term Financial Strategy 2019-2023 be adopted subject to the strategic grants awarded to the AONB, Biosphere and Northern Devon Voluntary Service being reduced by 8% and that the savings of £3970 achieved be awarded to the Citizens Advice Bureau.”

An amendment was moved by Councillor Brailey and seconded by Councillor Flynn “that the recommendation in minutes 103 (f), (g), (h) and (i) of the meeting of the Executive held on 4^th February 2019 in relation to the Revenue Budget 2019/20, Capital Programme and Medium Term Financial Strategy 2019-2023 be adopted.”

Voting on the amendment

Voting for the amendment:

Councillor Barker, Bonds, Bradford, Brailey, J. Cann, R. Cann, Chesters, Crabb, Croft, Davis, Edgell, Flynn, Jones, Lane, Leaver, Ley, Lovering, Luggar, Mathews, Meadlarkin, Moore, Moores, Spear and Yabsley.

Voting against the motion:

Councillors Biederman, Campbell, Edmunds, Fowler, Gubb, Haywood, Hunt, Mackie, Patrinos, Prowse, Tucker, Webber, White, Wilkinson and Worden.

Abstained from voting:

None.

Totals: 24 For, 15 Against and 0 Abstained.

The amendment was therefore carried and became the substantive motion.

A further amendment was moved by Councillor Worden and seconded by Councillor Chesters “that the recommendation in minutes 103 (f), (g), (h) and (i) of the meeting of the Executive held on 4^th February 2019 in relation to the Revenue Budget 2019/20, Capital Programme and Medium Term Financial Strategy 2019-2023 be adopted subject to a 50% strategic grant (£8,835) being awarded to the South Molton Swimming Pool and that it being funded from the New Homes Bonus reserve”.

Voting on the amendment:

Voting for the amendment:

Councillors Biederman, Bradford, J. Cann, Fowler, Haywood, Hunt, Leaver, Mackie, Moore, Prowse, Spear, Tucker, Webber, White, Wilkinson and Worden.

Voting against the amendment:

Councillors Barker, Bonds, Brailey, Campbell, R. Cann, Chesters, Crabb, Croft, Davis, Edgell, Edmunds, Flynn, Gubb, Jones, Lane, Lovering, Luggar, Mathews, Meadlarkin, Moores, Patrinos and Yabsley.

Abstained from voting:

Councillor Ley.

Totals: 16 For, 22 Against and 1 Abstained.

The amendment was therefore lost.

A further amendment was moved by Councillor Biederman and seconded by Councillor Prowse “that  the recommendation in minutes 103 (f), (g), (h) and (i) of the meeting of the Executive held on 4^th February 2019 in relation to the Revenue Budget 2019/20, Capital Programme and Medium Term Financial Strategy 2019-2023 be adopted subject to the increase  ...  view the full minutes text for item 93b

(NOTE: A copy of the report that was considered by the Executive on 4^th February 2019 is attached).

To receive the report of the meeting of the Overview and Scrutiny Committee held on 12^th February 2019 (to follow).

Councillor Patrinos, Chairman of the Overview and Scrutiny Committee presented the Committee’s report on the Treasury Management Strategy Statement 2019/20 (tabled).

To receive the report of the meeting of the Executive held on 4^th February 2019 (attached).

Councillor Brailey reported the recommendations of the Executive on the Treasury Management Strategy Statement 2019/20 (circulated previously).

It was moved by Councillor Brailey and seconded by Councillor Barker “that the recommendation in minute 104 of the meeting of the Executive held on 4^th February 2019 in relation to the Treasury Management Strategy Statement 2019/20 be adopted.”

RESOLVED that the recommendation in minute 104 of the meeting of the Executive held on 4^th February 2019 in relation to the Treasury Management Strategy Statement 2019/20 be adopted.

(NOTE: A copy of the report that was considered by the Executive on 4^th February 2019 is attached).

To receive the report of the Overview and Scrutiny Committee held on 12^th February 2019 (to follow).

Councillor Patrinos, Chairman of the Overview and Scrutiny Committee presented the Committee’s report on the 10 Year Capital Strategy 2019-2029 (tabled).

To receive the report of the meeting of the Executive held on 4^th February 2019 (attached).

Councillor Brailey reported the recommendations of the Executive on the 10 Year Capital Strategy 2019-2029 (circulated previously).

It was moved by Councillor Brailey and seconded by Councillor Jones “that the recommendation in minute 105 of the meeting of the Executive held on 4^th February 2019 in relation to the 10 Year Capital Strategy 2019-2029 be adopted.”

RESOLVED that the recommendation in minute 105 of the meeting of the Executive held on 4^th February 2019 in relation to the 10 Year Capital Strategy 2019-2029 be adopted.

Report by Head of Resources (attached).

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

The Head of Resources advised that since publication of the agenda, Devon County Council had met on 21^st February 2019 and approved a Council Tax increase of 3.99% and Devon and Somerset Fire and Rescue Authority had met on 19^th February 2019 and approved a Council Tax increase of 2.99%.  No changes were required to the Council Tax resolution for 2019/20 that was set out in the appendix to the report. 

Council noted that in accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 which came into force on 25th 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 Brailey and seconded by Councillor Jones “that the formal Council Tax Resolutions for 2019/20 as set out in Appendix 1 of the report be approved.”

Voting on the motion

Voting for the motion:

Councillors Barker, Biederman, Bonds, Bradford, Brailey, Campbell, J. Cann, R. Cann, Chesters, Crabb, Croft, Davis, Edgell, Edmunds, Flynn, Fowler, Gubb, Haywood, Hunt, Jones, Lane, Leaver, Ley, Lovering, Luggar, Mackie, Mathews, Meadlarkin, Moore, Moores, Patrinos, Prowse, Spear, Tucker, Webber, White, Wilkinson, Worden and Yabsley.

Voting against the motion:

None.

Abstained from voting:

None.

Totals: 39 For, 0 Against and 0 Abstained.

The motion was therefore carried.

Report by Head of Corporate and Community (attached).

Council considered a report by the Head of Corporate and Community (circulated previously) regarding the Community Governance Review.

The Head of Corporate and Community outlined the consultation process that had been undertaken and the responses that had been received as detailed in Appendix 2.

It was moved by Councillor Brailey and seconded by Councillor Worden “that the consultation responses received and the recommendations from the Ethics Committee be noted; and that the making of an Order in the form, or in a similar form, as shown in Appendix 1 be approved.”

            RESOLVED:

Report by Head of Corporate and Community (attached).

Council considered a report by the Head of Corporate and Community (circulated previously) regarding the Constitution.

The Head of Corporate and Community highlighted the following:

·         Council was advised at its meeting on 25^th July 2018 that since the introduction of the Localism Act 2011, Councils that were previously required to adopt Executive arrangements could revert to a Committee structure if they wished to do so.

·         Council had requested officers to explore the options for making such a move and a Cross Party Working Group of Councillors was formed to consider this.  The working group had met a number of times to firstly identify and consider advantages or disadvantages of an Executive model of governance and a Committee system, and to also identify the elements of a governance structure which it felt were crucial to North Devon.

·         Prior to 2000, all Local Authorities operated a committee structure whereby all statutory powers were given to the Council to allocate to committees and officers.

·         In 2000, legislation was introduced whereby any Local Authority with a population in excess of 85,000 moved to an Executive model with a Leader and Cabinet.

·         In 2007, legislation was introduced to change the Executive arrangements.  The Council had adopted a Strong Leader model whereby powers were divided between Council and the Executive.  All Executive powers were delegated to the Leader, who then had the authority to decide whether to delegate these powers further.  The Leader had appointed an Executive with two Executive committees (i.e. North Devon Crematorium Joint Committee and the Building Control Joint Committee).  Council had appointed committees to exercise the Council functions.

·         The working group identified that the important elements included wide political involvement in decisions, ownership of decisions, speedy decision making and resilience to political change.  It considered a number of different models and considered that the Committee system, if designed correctly, could achieve all of those important elements.

·         The main features of a Committee system are that decision making powers can be delegated to Committees which were politically balanced.  It was perceived that because there was a wider range of political groups involved in decision making, decision making would be  more inclusive.

·         There was also no requirement to have an Overview and Scrutiny Committee under a Committee system, although if one was created, it had to comply with the same legislative requirements as under an Executive model.

·         Two versions of a possible new Constitution had been prepared, Version 1 with an Overview and Scrutiny Committee and Version 2 without an Overview and Scrutiny Committee.

·         The main features common to both versions of the Constitution.

·         As the Overview and Scrutiny Committee had a role to play in developing policies and the budget and also in considering matters that may have an impact on Council policy or issues affecting the area, in Version 2 a Policy Development Committee had been included to fulfil this function.

·         In developing the two models, certain minor issues had come to light in relation to the existing Constitution or have  ...  view the full minutes text for item 98.

Report by Human Resources Manager (attached).

Council considered a report by the Human Resources Manager (circulated previously) regarding the Statutory Pay Policy 2019.

It was moved by Councillor Brailey and seconded by Councillor Barker “that the recommendation in the report be adopted”.

To note that no urgent decisions have been taken during the period of 8^th January 2019 to 13^th February 2019.

Council noted that no urgent decisions had been taken during the period of 8^th January 2019 to 13^th February 2019.

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

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

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

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

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

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

(i)         15^th January 2019

(ii)        12^th February 2019 (to follow)

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