Agenda and minutes

Apologies for absence were received from Councillors Chesters, Fowler, Pearson, Phillips, Saxby and Yabsley.

(a)       Road closure

The Chair advised Council of the proposed road closure from the Roundswell roundabout to Brynsworthy Environment Centre which would take place at 8.00 p.m and therefore the meeting would need to be finished by that time.

(b)       Chair Civic Service – 22^nd September 2019

The Chair thanked everyone for attending his Civic Service at Fremington on Sunday 22^nd September 2019.  He also thanked the Corporate and Community Services team for their assistance in organising the event.

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

(a)       To receive the following question from Katherine Armitage:

(b)       To receive the following question from Stewart Johnston:

Councillor Davis declared a prejudicial interest as Chair of the Peninsula Rail Force and left the meeting during the consideration thereof.

(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 Crabb that “It has recently been reported that Allan Cook chairman of the High Speed 2 (HS2) rail project has warned the Department for Transport that its cost could rise by £30bn over the original £56 billion budget. This Council is concerned that this ridiculously expensive system will have little, if any, direct economic, social or infrastructure benefits for the South West and North Devon. While we have dated and frail rail connections the existing rail links between London and the north are much superior to what we have. The recent report by the New Economics Foundation “A Rail Network For Everyone – Probing HS2 And Its Alternatives”, includes the suggestion that the current HS2 funding should be allocated for other regional rail improvements to improve local connectivity across the whole country. This Council, therefore calls on the government to scrap the HS2 scheme and instead make further improvements to the Barnstaple to Exeter line and investigate the feasibility of extending the rail links e.g. to Bideford, Braunton and providing a direct line to Taunton from Barnstaple.”

(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 Procedures Rules, Paragraph 10 of the Constitution.

Presentation by Simon Hill, Principal Engineer, Devon County Council.

Council received a presentation by Simon Hill, Principal Engineer, Devon County Council regarding the North Devon Link Road Improvement Scheme.

He outlined the Options Appraisal process that been undertaken in 2015 to improve links between the M5 and northern Devon, which included options to improve public transport, dualling the carriageway, improving junctions and improving links.  Costs and environmental impact were taken into consideration as part of the appraisal process and it was agreed that the scheme submitted to the Department of Transport for funding would focus on the strategic access to northern Devon (South Molton to Barnstaple) and improve key junctions between Barnstaple and Bideford.  The benefits of the scheme would: improve journey time between the M5 and northern Devon; improve safety along the route, improve peak hour capacity between Barnstaple and Bideford; improve connectivity to emerging developments; net Environmental Benefit; and new or improved pedestrian facilities at six locations.  He outlined details of the £93m scheme and the support received following consultation that had been undertaken with the public, local businesses and landowners.  Representatives from North Devon Council sat on the Project Steering Board, had attended value management workshops, sent letters of support, sought contributions from local developers as part of the Section 106 process, and submitted consultation response during the planning and appraisal processes.  Following the submission of the Strategic Outline Business Case the Government had awarded £83m towards the £93m scheme.  He outlined the proposed timetable for the scheme as follows: Winter 2019 determination of the planning application and completion of the Compulsory Purchase orders; Summer 2020 submission of the full business case to the Government; Autumn 2020 works to commence; and Winter 2024 works to be complete.

A leaflet detailing the North Devon Link Road Improvement Scheme was tabled.

In response to questions, Simon Hill advised that the provision of overtaking lanes allowed a break up of trains of vehicles which built up behind slower mover vehicles.  There were currently no overtaking opportunities from South Molton to Barnstaple other than overtaking on the other side of the road.  Breaking up the train of vehicles would enable junctions to work well.  Average speed cameras would be installed.  Phases 2 and 3 of the project would include improvements to the roundabouts at Lake and Portmore.  The contractor would be required to keep two lanes operational at all times during the three year contract, however there would be two occasions that there would be night time closures for bridge installation.  Improving journey time was irrelevant, the improvement of the network resilience, safety and capacity at roundabouts were important.  A strategic review of traffic movements would be linked into the review of the North Devon and Torridge Joint Local Plan.

In response to a question from Councillor Davies in relation to the planting of 20,000 trees and the amount of CO₂emissions that could be stored in trees, Simon Hill advised that he would provide a separate response to the question raised.

In response to questions, Councillor Davis  ...  view the full minutes text for item 52.

Report by the Leader of the Council (attached).

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

The Leader advised that the Council had received an additional £17,000 from the Government for Brexit.  Parkwood had been awarded the contract for the new Leisure Centre and it was anticipated that work would commence in March/April 2020 and complete by the end of August 2021.

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

The following question was submitted in advance of the meeting and responses provided by the Leader was circulated separately:

Lead Member for Climate Change to report.

Council received an update from the Lead Member for Climate Change regarding actions that had been undertaken following the decision to sign up to the Devon Climate Declaration at the last meeting of Council on 24^th July 2019.  She advised that in respect of becoming carbon neutral, Exeter University would be producing the Council’s baseline data.  She provided an update on the work that had been undertaken by the Net Zero Task force.  She also provided an update on the work being undertaken by the Council and advised that two officers would be providing assistance.  It would impact upon all areas of the Council’s work and be incorporated into the service planning/budget setting process.  The Council was exploring the installation of charging points into Council owned car parks and an assessment would be undertaken regarding the number of trees required to be planted to capture carbon and improve links to the green infrastructure.  Climate Change was discussed at the Parish Forum meeting on 19^th September 2019 and that a further Forum meeting would be arranged to engage with Parish and Town Councils.  Councillor Pearson was working with 361 Community Energy and had arranged a Climate Action Plan workshop on 26^th October 2019 for Parish and Town Councils.   She was also working with the Woodland Trust as part of the national tree week, week commencing 30^th November 2019.  She requested that following the appointment of the Climate Change Working Group at the last meeting of Council, that any Members wishing to sit on the working group to advise the Senior Corporate and Community Services Officer.

It was agreed that an update on the Devon County Council/North Devon Council response to the Climate Declaration be included as a standing item on future agenda.

The Lead Member for Climate Change advised that a written report would be included on the agenda for future meetings.

The Chief Executive advised that the Head of Place was leading on the Environment and North Devon futures and had set up an officer working group to produce a draft costed response plan.

Report by the Harbour Master (attached).

Council considered a report by the Harbour Master (circulated previously) regarding the appointment of Independent Members to the Harbour Board.

It was moved by Councillor Wilkinson and seconded by Councillor Campbell that the recommendation in the report be adopted.

Report by Chief Executive (to follow).  Draft Corporate Plan and consultation responses (attached).

Council considered a report by the Chief Executive (circulated separately) and the draft Corporate Plan and consultation responses (circulated previously).

The Chief Executive advised that a cross party working group had been formed to consider the strategic priorities for the Council.  Based on the views of that Group, four corporate priorities were identified and incorporated into the draft Corporate Plan.  The draft Corporate Plan and delivery plan (identifying specific actions that would be undertaken in order to contribute towards delivery of the Plan) were presented to the Strategy and Resources Committee on 5^th August 2019 and the Policy Development Committee on 18^th July 2019 which were recommended for approval.  The draft Corporate Plan and delivery plan were subject to public consultation, who were supportive of the four corporate priorities.  The level of responses was good in comparison to other consultations. The delivery plan would continually be kept under review.  Following the adoption of the Corporate Plan, work would commence on producing the policies and strategies required to deliver the priorities which would require approval by Members.

Councillor Lovering declared a personal interest as she was attending a training course at Petroc funded by the NHS which the Northern Devon Healthcare Trust had introduced to help with the current staffing shortages.

It was moved by Councillor Worden and seconded by Councillor Patrinos that the recommendation in the report be adopted.

(NOTE: A copy of the report that was considered by the Strategy and Resources Committee on 5^th August 2019 is attached).

Council considered the Performance and Financial Management report for Quarter 1 of 2019/2020 to the Strategy and Resources Committee on 5^th August 2019 (circulated previously).

To receive the report of the Policy Development Committee held on 12^th September 2019 (attached).

Councillor D. Spear, Chair of the Policy Development Committee presented the Committee’s report on the Performance and Financial for Quarter 1 2019/20 (circulated previously).

To receive the report of the meeting of the Strategy and Resources Committee held on 5^th August 2019 (attached).

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the Performance and Financial Management for Quarter 1 of 2019/2020 (circulated previously).

In response to a question, the Head of Resources advised that the forecast overspend for Operational Services was largely due to the number of missed collections and the employment of additional staff.  As the Chief Executive had previously advised, a full Vanguard systems review of this service area  was being undertaken to address issues such as missed collections and fleet capacity.  The Quarter 1 overspend was mitigated with the savings achieved from the Works and Recycling Shared Savings scheme.

It was moved by Councillor Worden and seconded by Councillor Crabb that “minute 27 (f) of the meeting of the Strategy and Resources Committee held on 5^th August 2019 be adopted”.

RESOLVED that minute 27 (f) of the meeting of the Strategy and Resources Committee held on 5^th August 2019 be adopted.

In pursuance to minute 28 (a) (iii) of the meeting held on 24^th July 2019, to consider the appointment of up two Members to the Braunton Marsh Internal Drainage Board.

The Chief Executive advised that in pursuance to minute 28 (a) (iii) of the meeting held on 24^th July 2019, Council had deferred the appointment of Members to the Braunton Marsh Internal Drainage Board as it was understood that Councillors appointed needed to represent the Braunton area.  Following further investigation, the position regarding the appointment of Members to the Board was still unclear and therefore recommended that the consideration of the appointments be deferred for further clarification.

It was moved by Councillor Leaver and seconded by Councillor Bushell “that consideration of the appointments to the Braunton Marsh Internal Drainage Board be deferred pending further clarification being sought regarding the appointment of Members to the Board”.

Report by Chair of Governance Committee (attached).

Council considered and noted the report by the Chair of the Governance Committee (circulated previously).

In pursuance to minute 30(c) of the meeting held on 24^th July 2019, to consider the amended wording of paragraph 7.2 of the Head of Place’s delegated powers as recommended by the Planning Committee on 11^th September 2019:

“7.2 To consider and determine any application (excluding applications that are specifically referred to elsewhere in this section) submitted pursuant to the Planning Acts or any regulations or orders made pursuant to the Planning Acts (as revoked and replaced or amended from time to time) excluding an application:

in respect of which the Head of Place receives within 28 days, unless agreed otherwise with the Head of Place, of an application being registered, a written representation from a Member(s) containing sound planning reasons for the application to go to Planning Committee for decision. Should the Head of Place be minded to refuse the request to suspend delegation they must consult with the Chair of Planning Committee. If the Head of Place and Chair (or Vice-Chair if the application is called in by the Chair) of the Planning Committee cannot reach an agreement after consultation then the application will be brought to the Planning Committee for consideration. Factors to be weighed by the Head of Place include the extent of public interest (recognising that this in of itself does not constitute material planning grounds), the wider community impact, the decision is a finally balanced one and/or the planning matters under consideration are of broad significance.”

Council considered the amended wording of paragraph 7.2 of the Head of Place’s delegated powers as recommended by the Planning Committee on 11^th  September 2019 in pursuance to minute 30(c) of the meeting held on 24^th  July 2019.

It was moved by Councillor Ley and seconded by Councillor Ley that the amended wording of paragraph 7.2 of the Head of Place’s delegated powers as recommended by the Planning Committee on 11^th  September 2019 be adopted.

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

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

RESOLVED that the following minutes of the Appointments

Committee (circulated previously) be noted and adopted as

follows:

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

(i)         18^th July 2019

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

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

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

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

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

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

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

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

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

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

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