Agenda and draft minutes

Apologies for absence were received from Councillor Barker.

(a) Housing Keeping Procedure Rules

The Leader reminded the Executive, Councillors and public in attendance of the housekeeping procedure rules.

(b) RMBChivenor

The Leader advised he was pleased that RMB Chivenor was staying open following a decision by the Secretary of State for Defence which was a positive step for the area.

(Please complete the enclosed form or telephone the Corporate and Community Services Unit to prepare a form for your signature before the meeting.  Interests must be re-declared when the item is called, and Councillors must leave the room if necessary).

There were no declarations of interest announced.

Report by the Parking Manager (attached).

The Executive considered a report by the Parking Manager (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding responses to the consultation on the review of the Off Street Parking Order.

The Parking Manager highlighted the following:

·         Amendments to the North Devon (Off Street Parking Places) Order were recommended at Executive on 3^rd December 2018.

·         The notice of proposals were advertised on 13^th December 2018 with the closing date of 10^th January 2019.  This year, the option of submitting consultation responses via email was provided.

·         No objections had been received from Braunton Parish Council, Instow Parish Council, North Devon Council or South Molton Town Council.

·         Combe Martin Parish Council had requested during the consultation period an amendment to presentation in the Order to avoid ambiguity as detailed in paragraph 4.6.

·         59 emails of objection had been received with regards to changes proposed to the North Devon (Off Street Parking Places) Order for Lynton and Lynmouth Town Council.  The analysis of responses received were detailed in Appendix 1 of the report.

·         Lynton and Lymouth Town Council had met on 9^th and 31^st January 2019 to discuss the objections received.  Following consideration, the Town Council have requested to withdraw the original recommendation for the amendment to the North Devon (Off Street Parking Places) Order to add condition to Lower Lyndale car park N17.

·         Update provided regarding Lynton and Lynmouth as detailed in paragraph 4.12 of the report.

In response to questions, the Parking Manager advised:

·         That subject to the approval by the Executive, a charge would be introduced to the lorry park at South Molton on Saturdays which would be included within the North Devon (Off Street Parking Places) Order.

Report by Acting Growth Manager (attached).

The Executive considered a report by the Acting Growth Manager (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding derelict Ilfracombe sites.

In response to questions, the Head of Place advised the following:

·         The Planning Service had served several Section 215 notices over the years requiring the hoardings to be replaced/repainted to keep the site as tidy as possible.  Some work had been undertaken with the owners and some had been undertaken by the Council.

·         In relation to rear retaining wall of the Montebello site, no structural assessment had been undertaken.  Further investigations would be undertaken by Building Control to assess whether any further works were required.

REASONS FOR DECISIONS

Report by Head of Environmental Health and Housing (attached).

The Executive considered a report by the Head of Environmental Health and Housing (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the Local Lettings Plan in relation to Lamaton Park, South Molton.

The Housing Service Manager highlighted the following:

·         North Devon Homes had redeveloped Lamaton Park with Care and Support Specialised Housing funding in conjunction with Housing England and the Ministry of Health.

·         The objective of the Local Lettings Plan was to work with the registered housing provider North Devon Homes to create a scheme that has a sustainable community from the outset and to free up social housing that may be in high demand, such as enabling downsizing of existing tenants.

·         The breakdown of properties as detailed in paragraph 4.9 of the report.

Report by Landscape and Countryside Officer (attached).

The Executive considered a report by the Landscape and Countryside Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the adoption of the North Devon Coast Areas of Outstanding Natural Beauty (AONB) Management Plan for 2019/24.

The Executive noted that the recommendation 2.1 contained a typographical error and should have stated “2019-2024” and not “2014-2019”.

Report by Head of Resources (attached).

The Executive considered a report by the Head of Resources (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the adoption of the revised policy for the granting of Discretionary Non-Domestic Rates Relief.

The Head of Resources highlighted the following:

·         Section 47 of the Local Government Finance Act 1988 enabled the Council to exercise discretion to award rate relief in respect of properties occupied by charities and other not for profit organisations.   It also allowed billing authorities to grant locally determined discretionary business rate discounts in any circumstances provided it was in the interests of the local taxpayers to do so.

·         In the 2018 Autumn Budget, the Chancellor announced a new business rate relief scheme for retail properties with a rateable value below £51,000.  The Chancellor also announced an extension of one year to the business rates relief for local newspaper office space.

·         The Council’s current policy for the Discretionary Business Rate Relief Scheme for Year 3 (2019/20) was to award relief on a case by case basis.  A review had identified that this approach was unlikely to award all of the share of the fund allocated by Central Government.  The proposal was that the amount of relief awarded for Year 3 was amended from a case by case basis to a formula based award. 

·         The policy had been amended to incorporate the measures announced in the Autumn Budget and the revised Discretionary Business Rate Relief Scheme.

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

·         Barnstaple Town Centre Management had not been previously notified of the revised Discretionary Business Rate Relief Scheme, however a copy of the scheme would be forwarded to the Town Centre, Pannier Market and CCTV Manager.

Report by the Head of Resources (attached).

The Executive considered a report by the Head of Resources (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the approval of the Rural Settlement List for the financial year commencing 1^st April 2019.

The Head of Resources highlighted the following:

·         Schedule 1 of Part 1 of the Local Government Finance Act 1997 made provision for the allowance of mandatory and/or discretionary relief from Non-Domestic Rates for certain properties situated within designated rural areas.

·         Rural Settlements are settlements with a population of less than 3,000 within the boundaries of a rural area as set out under the provision of the Housing Act 1996.

·         The Rural rate Relief Scheme helped qualifying small general stores, post offices, food shops, public houses and petrol stations.  It was intended to safeguard rural communities and preserve the future of village life by supporting the service they provide to local people.  To qualify for relief, properties must be situated within a designated rural settlement area of less then 3,000 people.

·         The list of rural settlements remained unchanged.

Report by Project, Procurement and Open Space Officer (attached).

The Executive considered a report by the Project, Procurement and Open Space Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the approval and release of Section 106 Public Open Space funds towards play equipment in Croyde.

The Project, Procurement and Open Space Officer highlighted the following:

·         This contribution would provide match funding to a project that has delivered an entire replacement play area in Croyde.  The project took place with a loan from the Public Works Loan Board.  Allocation of this contribution would assist with partially repaying the loans board contribution.

·         This project was different to other similar projects that the Council has funded in that the scheme has already occurred.  A section 106 contribution can only be sought where it meets statutory tests including that it was required in order to make a development acceptable.  In this particular case, because the project for which the contribution was sought has already been provided, there was a risk of the developer seeking a repayment.  That risk would have to be passed to the Parish Council as part of the funding agreement.

·         Following advice of the Monitoring Officer, Pearce Construction (the developer), had been contacted who had confirmed that they were in agreement to approve the use of section 106 of funds for this project.

In response to a question, the Head of Resources advised the following:

·         If the section 106 Public Open Space Funds to Georgeham Parish Council was approved, the decision would then be for Georgeham Parish Council to make regarding the repayment of the loan to the Public Works Loan Board.

In response to a question, the Head of Corporate and Community advised the following:

·         The Council would not recommend the allocation of section 106 funds retrospectively as a matter of course.

Report by the Project, Procurement and Open Space Officer (attached).

The Executive considered a report by the Project, Procurement and Open Space Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding securing a delivery solution for a BMX track at Velator.

The Project, Procurement and Open Space Officer highlighted the following:

·         For a number of years Braunton BMX club had been working to secure a site, planning permission and the relevant funding package to deliver a BMX track in Braunton.  Having previously failed to find a suitable self-contained site, a development at Velator offered the club land for a BMX facility. 

·         Although funding had been secured, in recent months the club had faced a number of challenges in terms of project delivery and as a result had not been in a position to proceed with the project.    With these difficulties identified, the club had now folded but the trustees remained owners of the land at Velator.  The Trustees had written to the Council with a view to transferring the freehold of the identified site at Velator to the Council, at nil cost.  The club trustees had also requested that the Council procure and project manage the construction of this community facility.

·         Following the request from the trustees, Officers wished to establish whether there was still a high demand for the facility and during November and December 2018 undertook a consultation exercise to fully understand the requirement and support for this proposed project.  The consultation response provided overwhelming support for the project.

·         The Council would be responsible for the future maintenance of the facility.  The pump track would have minimal maintenance, and the surrounding landscaping could be added to the grounds maintenance contact with grass cutting, litter picks and safety inspections which could be absorbed within existing budgets.

In response to questions, the Project, Procurement and Open Space Officer and the Contracts Delivery Manager advised the following:

·         There would be no income generated from the track, as there would be open access to the track.

·         Sites were added and removed from the Grounds Maintenance Contract on a regular basis.

·         The site was located within the Heanton Punchardon ward which adjoined the Braunton East Ward.  Heanton Punchardon Parish Council had been consulted and the consultation response was read to the Executive.

·         During discussions with Braunton and Heanton Punchardon ward Members, Members had requested that the views of the Police be sought in regard to the potential of anti-social behaviour at the site.  A response was received from Braunton’s Police Community Support Officer and was detailed within paragraph 4.8 of the report.

·         There was no capacity to upgrade the track to a regional track.  A regional track had already been provided in Bideford.

·         Insurance would be included within the Council’s corporate policy.

Report by Lead Officer Planning Policy (attached).

The Executive considered a report by the Lead Officer Planning Policy (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the draft terms of reference for the Joint Local Development Plan Working Group.

The Lead Officer Planning Policy highlighted the following:

·         The Joint Local Development Plan Working Group had been meeting since 2008, its principal purpose being to support the delivery of the North Devon and Torridge Local Plan through joint working arrangements.

·         Although the Joint Local Plan had now been adopted, there was still a need for the working party to meet to agree other joint documents such as supplementary planning documents and the housing needs supply.

·         In July 2008, Executive had agreed to form a Joint Local Plan Working Group with Torridge District Council and to appoint three members.  The Working Group had requested a review of its terms of reference, however there were currently no formal terms of reference agreed by both Councils.

In response to questions, the Head of Corporate and Community advised the following:

·         If the Governance arrangements changed from an Executive to a committee structure, the terms of reference and membership of the working party could be reviewed. 

·         The next meeting of the Governance Arrangements Working Party would consider the possibility of appointing Lead Members, as this was possible within a committee structure.

Report by Chief Financial Officer (attached).

The Executive considered a report by the Chief Financial Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the adoption of the Anti-Fraud Corruption and Bribery Policy.

The Head of Resources highlighted the following:

·         The Policy applied to both employees and Councillors.

·         There had been a small number of updates but no significant changes to the Anti-Fraud, Corruption and Bribery Policy.  The main changes were to references to the Whistleblowing Policy within the document.

·         The draft policy had been reviewed and recommended by the Audit Committee on 8^th January 2019.

·         The policy incorporated the provisions required of the Bribery Act 2010.

·         Suspected cases of fraud, corruption and bribery would be investigated by the Council.

Report by the Chief Financial Officer (attached).

The Executive considered a report by the Chief Financial Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the adoption of the revised Anti-Money Laundering Policy.

The Head of Resources highlighted the following:

·         The Council had a duty to report to the National Crime Agency areas of suspected money laundering activity.

·         The draft policy had been reviewed and recommended by the Audit Committee on 8^th January 2019.

·         The minor amendments that had been made to the revised policy.

RECOMMENDED:

(a) That under the Local Authorities (Executive Arrangements) (Access

      to Information) (England) Regulations 2000 (as amended), as made

      under the Local Government Act 2000, the public and press be

      excluded from the meeting as it involves the likely disclosure of

      exempt information as defined by Paragraph 3 Part 1 of Schedule

      12A of the Act (as amended from time to time), namely information

       relating to the financial or business affairs of any particular person

       (including the authority holding that information).

(b) That all documents and reports relating to the item be confirmed as

      “Not for Publication".

RESOLVED:

(a) That under the Local Authorities (Executive Arrangements) (Access

      to Information) (England) Regulations 2000 (as amended), as made

      under the Local Government Act 2000, the public and press be

      excluded from the meeting as it involved the likely disclosure of

      exempt information as defined by Paragraph 3 Part 1 of Schedule

      12A of the Act (as amended from time to time), namely information

       relating to the financial or business affairs of any particular person

       (including the authority holding that information).

(b) That all documents and reports relating to the item be confirmed as

      “Not for Publication".

Report by the Estates Officer (attached).

The Executive considered a report by the Estates Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the Lynton Complex.

The Estates Officer highlighted the following:

·         The Lynton Community Development Trust was aware that the report was being considered at this meeting and contained confidential information.

·         Opportunity for the Council to consider a potential joint venture development in Lynton to enable a community-led affordable housing scheme by Lynton Community Development Trust to meet some of the local housing need identified by a recent housing needs survey in the parish.

·         Potential sites available in Lynton.

In response to questions, the Estates Officer advised:

·         Lynton and Lynmouth Town Council had been consulted by Lynton Community Development Trust.

·         There was a need to achieve best value for the Council.

·         Clarification would be sought regarding the funding awarded by national organisations.

In response to questions, the Housing Services Manager advised:

·         The Council had been awarded £667,869 sum from the Department for Communities and Local Government which had been placed into the Community Housing Fund earmarked reserve.  The purpose of the fund was for the Council to support community-led housing development. Lynton and Lynmouth had been identified as a community to be supported by the Community Housing Fund and they have formed the Trust with a commitment to deliver a housing scheme and have already made progress leading to the report presented to the Executive.

In response to questions, the Head of Resources advised:

·         Officers would investigate all the issues raised by the Executive which would include access arrangements and report back on the viability of

the scheme.