Decisions

We have attempted to purchase these vehicles through existing frameworks and via a tender using the Supplying the Southwest Portal. Both these options failed to produce the vehicles within the budget or timeframe required. So we have tried looking on existing forecourts to see if any van sales companies have vehicles in stock.

To urgently grant a waiver from the Council’s Contract Procedure Rules to allow the purchase of vehicles without going through a tendering process and without use of a framework.

It was moved by Councillor Biederman and seconded by Councillor Jenkins “that alternative arrangements be made for the appointment of Members to the Appointments Committee in accordance with the powers set out in 3 Section 17 of the Local Government and Housing Act 1989 and the provisions of the Local Government (Committees and Political Groups) Regulations 1990 and that the alternative arrangements provide that the membership of the Appointments Committee be not politically balanced and that the Group Leaders be appointed to the Committee.”

RESOLVED that alternative arrangements be made for the appointment of Members to the Appointments Committee in accordance with the powers set out in 3 Section 17 of the Local Government and Housing Act 1989 and the provisions of the Local Government (Committees and Political Groups) Regulations 1990 and that the alternative arrangements provide that the membership of the Appointments Committee be not politically balanced and that the Group Leaders be appointed to the Committee.

It was moved by Councillor Roome and seconded by Councillor Lofthouse “that the Council appoints Members to the Local Government Association and South West Regional Chamber for the period 2022/23 as set out in Table 5 circulated at the meeting and that these appointments be approved duties.”

RESOLVED that the Council appoints Members to the Local Government Association and South West Regional Chamber for the period 2022/23 as set out in Table 5 circulated at the meeting and that these appointments be approved duties.

It was moved by Councillor Lofthouse and seconded by Councillor Tucker “that the Council appoints Chairs and Vice-Chairs to the Committees and Joint Committees as set out in Table 4 circulated at the meeting for the 2022/23 municipal year.”

RESOLVED that the Council appoints Chairs and Vice-Chairs to the Committees and Joint Committees as set out in Table 4 circulated at the meeting for the 2022/23 municipal year.

It was moved by Councillor Tucker and seconded by Councillor Roome “that, as required by section 16(1) of the Local Government and Housing Act 1989, Members be appointed to Committees and Joint Committees in accordance with the names notified to the Chief Executive by each of the Political Groups represented on the Council, to give effect to the approved allocation of seats as determined at (a) above, as set out for the time being in Table 3 circulated at the meeting.”

RESOLVED that, as required by section 16(1) of the Local Government and Housing Act 1989, Members be appointed to Committees and Joint Committees in accordance with the names notified to the Chief Executive by each of the Political Groups represented on the Council, to give effect to the approved allocation of seats as determined at (a) above, as set out for the time being in Table 3 circulated at the meeting.

It was moved by Councillor Biederman and seconded by Councillor Roome “that the Council appoints Committees and Joint Committees each with the total number of voting Members and Group allocations as shown in Tables 1 and 2 for the 2022/23 municipal year with the terms of reference set out in the Council’s constitution.”

RESOLVED that the Council appoints Committees and Joint Committees each with the total number of voting Members and Group allocations as shown in Tables 1 and 2 for the 2022/23 municipal year with the terms of reference set out in the Council’s constitution.

It was moved by Councillor Worden and seconded by Councillor Biederman “that Councillor Prowse be appointed Deputy Leader of the Council for the 2022/23 municipal year”.

RESOLVED that Councillor Prowse be appointed Deputy Leader of the Council for the 2022/23 municipal year.

Councillor thanked Council for his re-appointment as Deputy Leader of the Council for the next 12 months and advised that he had enjoyed the past 3 years as projects were now coming together and that he was looking forward to the final year of this Council.

It was moved by Councillor D. Spear and seconded by Councillor Topham “that Councillor Worden to appointed Leader of the Council for the 2022/23 municipal year.”

RESOLVED that Councillor Worden to appointed Leader of the Council for the 2022/23 municipal year.

Councillor Worden thanked Council for re-appointing him as Leader of the Council for the next 12 months which was a privilege and an honour. He was looking forward to the next 12 months and confident that the Council would go ahead and do great things with a number of exciting projects in Barnstaple and Ilfracombe.  He made a plea to Councillors to attend meetings and training sessions that were arranged as there had been a number of important meetings held where there had been poor attendance.

The Chair called for nominations for the election of Vice Chair of the Council for 2022/23.

It was moved by Councillor Roome and seconded by Councillor York “that Councillor Tucker be appointed Vice Chair of the Council for the 2022/23 municipal year.”

RESOLVED that Councillor Tucker be appointed Vice Chair of the Council for the 2022/23 municipal year.

Councillor Tucker took the Declaration of Acceptance of Office and gave a speech of thanks for being elected.

It was moved by Councillor Roome and seconded by Councillor Tucker “that alternative arrangements be made for the appointment of Members to the Joint Planning Policy Committee in accordance with the powers set out in 3 Section 17 of the Local Government and Housing Act 1989 and the provisions of the Local Government (Committees and Political Groups) Regulations 1990 and that the alternative arrangements provide that the membership of the Joint Planning Policy Committee be not politically balanced and that Councillors Chesters, Lofthouse, Prowse, D. Spear, Tucker, Worden and Yabsley be appointed to the Committee.”

RESOLVED that alternative arrangements be made for the appointment of Members to the Joint Planning Policy Committee in accordance with the powers set out in 3 Section 17 of the Local Government and Housing Act 1989 and the provisions of the Local Government (Committees and Political Groups) Regulations 1990 and that the alternative arrangements provide that the membership of the Joint Planning Policy Committee be not politically balanced and that Councillors Chesters, Lofthouse, Prowse, D. Spear, Tucker, Worden and Yabsley be appointed to the Committee.

Councillor Hunt, Chair of Council addressed Council and summarised her role over the past 12 months which had been restricted due to the Covid pandemic. She highlighted her Civic Service which had been held in February 2022 and how she had been involved in giving out volunteer awards at events arranged by the Northern Devon Voluntary Service. She had also carried out the planting of trees at care homes, schools and woodlands as part of the Queens Platinum Jubilee Green Canopy. She thanked her Vice Chair Councillor Tucker for his support and the Chair’s secretary and the Corporate and Community Services Team for their support.  She also thanked all Group Leaders and officers at the Council for their support.

Councillor Worden thanked Councillor Hunt on behalf of the Council for the work she had achieved over the past 12 months both in terms of chairing  meetings of Council and the Civic events that she had attended to represent the Council.

The Vice Chair called for nominations.

It was moved by Councillor Lofthouse and seconded by Councillor Worden “that Councillor Hunt be appointed Chair of the Council for the 2022/23 municipal year”.

RESOLVED that Councillor Hunt be appointed Chair of the Council for the 2022/23 municipal year.

Councillor Hunt took the Declaration of Acceptance of Office and gave a speech of thanks for being elected.

It was moved by Councillor Walker and seconded by Councillor Roome “that Councillor Cann be appointed to the North Devon Against Domestic Abuse for the life of Council”.

RESOLVED that Councillor Cann be appointed to the North Devon Against Domestic Abuse for the life of Council.

It was moved by Councillor Worden and seconded by Councillor Tucker  “that the Scheme of Delegations (as amended) for the discharge of functions for the year 2022/23 as set out in Part 3 of the Constitution be DEFERRED for review by Governance Committee on 14 June 2022 before returning for ratification by full Council.”

RESOLVED that the Scheme of Delegations (as amended) for the discharge of functions for the year 2022/23 as set out in Part 3 of the Constitution be DEFERRED for review by Governance Committee on 14 June 2022 before returning for ratification by full Council.

Council considered a report by the Chief Executive (circulated previously) regarding the Scheme of Members Allowances for 2022/23.

The Chief Executive outlined the recommendations of the Independent Remuneration Panel which had been a light touch review and recommended that the basic allowance should be uprated annually in line with the pay award for staff. The Panel had also been requested to consider and make a recommendation regarding the introduction of a Parental Leave Policy for Councillors. The proposed policy was detailed in Appendix D of the report and had been based on the Devon County Council policy. The Scheme of Members Allowances as detailed in Appendix B already included the 1.75% pay award uplift which had recently been awarded for 2021/22, however it did not include the uplift for the 2022/23 pay award as this had not yet been determined.  The next fundamental review would take place in the Autumn of 2022 to come into effect for 2023/24.

It was moved by Councillor Tucker and seconded by Councillor Lofthouse “that the recommendations in the report be adopted”.

RESOLVED that:

(a)   the Scheme of Members Allowances for 2022/23 as shown in Appendix B and C of the report be adopted;

(b)   following the approval of the 2022/23 pay award which will take place during 2022/23 between the Employers and Unions that the allowances agreed in paragraph (a) above be uplifted by the same agreed percentage and backdated to 1 April 2022; and

(c)   the Councillors Maternity, Paternity, Shared Parental and Adoption Leave Policy as shown in Appendix D be adopted.

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

(i)             28 January 2022

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

(i)             10 February 2022

In response to a question, the Chief Executive provided an update on the replacement of the Building Control Manager.

Councillor Walker presented her notice of motion to Council as amended as follows:

(i)             Removal of paragraph 1 as this work had already been completed by the Devon Audit Partnership

(ii)            Removal of paragraph 5 as the Council had a responsibility to support all citizens

(iii)          Amendment to paragraph 2 to replace “Home Office” with “Foreign Office”

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

The Chief Executive advised that the Council was already working on providing support to Ukraine Refugees in partnership with other Devon Local Authorities as part of Team Devon. The Council was also working with third parties such as Pickwell Foundation and Sunrise to ensure that the placements were successful and they were provided with appropriate support.  If a placement failed, refugees would present themselves to the Council as being homeless and requiring emergency accommodation. A review of the Devon County Council’s Pension Fund had already been carried out and only 0.15% of the Pension Fund was linked to Russian involvement and the Fund was looking at ways to reduce this percentage even further.

RESOLVED that the Council:

(a)           Where possible to offer the help and assistance to Ukrainian refugees that they require during this heart-breaking period.

(b)           Support, promote and work in partnership with local charitable, community and religious organizations that are working to provide resources and assistance for those affected and displaced by the conflict in Ukraine.

(c)           Through press releases, thank those who have made generous offers of accommodation to Ukrainian refugees within their homes.

(d)           Ask the County Council to work with our local school community to urgently find placement for school age children seeking refuge in North Devon.

(e)           Promote opportunities to support organisations working on the ground in Ukraine to provide humanitarian aid and shelter – such as the British Red Cross, Unicef and the UN Refugee Council.

(f)             Ask our Member of Parliament to raise with the Home Office the difficulty children, who don’t have a passport, are currently experiencing at the UK border.

(g)           Write to the Foreign Office to give North Devon support to stricter sanctions on the Russian regime – and in particular to extend sanctions against Russian oligarchs with ties to Putin’s regime to fully block their access to financial operations in the UK.

(h)           Ask all Group Leaders to sign a joint letter to the Prime Minister and Foreign Secretary calling on the UK Government to match words with action and:

a.    Offer sanctuary to Ukrainian people in their hour of need without having to go through a prolonged visa application process.

b.    End our dependence on Russian energy as quickly as possible and fast-track the transition to renewable energy sources.

c.     Impose the severest economic, financial, technical and cultural sanctions on the Russia state. 

RESOLVED that the minutes of the meeting held on 23 February 2022 (circulated previously) be approved as a correct record and signed by the Chair.

Council considered a report by the Head of Organisational Development (circulated previously) regarding the Statutory Pay Policy 2022.

The Director of Resources outlined the report to Council.

It was moved by Councillor Biederman and seconded by Councillor Worden “that the recommendation be adopted”.

RESOLVED that the Statutory Pay Policy 2022 report, its Appendix and Annex thereto, be approved.

The Chief Executive advised that shortly prior to the publication of the agenda, the prospectus for the Levelling up Round 2 had been published.  He provided Council with the following update:

·       The Levelling Up Fund was £4.8bn.

·       Round 1 closed in June 2021. The second round of the Fund focussed on the same three investment themes as the first round: local transport projects that make a genuine difference to local areas; town centre and high street regeneration; and support for maintaining and expanding the UK’s world leading portfolio of cultural and heritage assets.

·       The priority areas for the fund were categorised into levels 1, 2 and 3. North Devon had been placed at the lowest level 3.  Other areas in Devon such as Torridge District Council had been categorised into higher priority areas. Other areas in Devon have been moved from 3 up to category 2.  These changes had occurred as a result of the indices that were used.

·       He recommended that Council to go ahead and submit a bid for Round 2 of the Levelling Up Fund concentrating on Ilfracombe and to use Round 1 bid as a basis for the bid.

·       Investment proposals should focus on supporting high priority and high impact projects that will make a visible positive difference to local areas.

·       Projects may include capital infrastructure proposals that better protect against flooding and coastal erosion where they form a coherent part of a wider transport, regeneration, and/or culture and heritage bid.

·       Projects may include proposals that strengthen the work of councils and multi-agency partners in tackling a range of community safety issues and reducing crime.

·       Bids would be assessed based on 4 criteria set out in the assessment framework.

·       As part of the process the Council would be required to consult with a range of local stakeholders including the MP.  The MP was required to be in support of the bid.

·       The deadline for the submission of bids for round 2 was 6 July 2022.

It was moved by Councillor Worden and seconded by Councillor Prowse “that Council go ahead and submit a bid for Round 2 of the Levelling Up Fund concentrating on Ilfracombe and to use Round 1 bid as a basis for the bid”.

RESOLVED that Council go ahead and submit a bid for Round 2 of the Levelling Up Fund concentrating on Ilfracombe and to use Round 1 bid as a basis for the bid.

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

(i)             8 February 2022

(ii)            8 March 2022

Council considered a report by the Head of Place, Property and Regeneration (circulated previously) regarding an options report in relation to a proposed new access off Alexandra Road, Barnstaple.

Council noted that the inclusion of reference to the “former abattoir” in paragraph 1.3 of the report was incorrect.

It was moved by Councillor Prowse and seconded by Councillor Lofthouse “that the Council proceed with an access from Alexandra Road into the Queen Street/Bear Street car park and that option 1 (a) be progressed; and that Council vary the capital programme by up to £495,000 and funds be released to enable the delivery of a new access from Alexandra Road to the new Queen Street/Bear Street car park”.

Councillor Prowse thanked the team for progressing this work.

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

·       £190,000 of the estimated total cost of up to £495,000 was for utility diversion. These cost may reduce.

·       Concerns regarding the Bear Street junction would be raised with Devon County Council Highways.

·       The feasibility and options for the provision of directional signage would be explored.

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

·       20 car parking spaces would be allocated for electric vehicle charging.

·       Bear Street car park was underutilised due to issues with accessibility. It was hoped by that by making the improvements proposed that the car park would be a “flagship” and revenue income would increase.  This would outweigh the borrowing costs incurred by the Council to undertake the works.  The costs had been carefully modelled.

RESOLVED:

(a)  that the Council proceed with an access from Alexandra Road into the Queen Street/Bear Street car park and that option 1 (a) be progressed; and;

(b)  that Council vary the capital programme by up to £495,000 and funds be released to enable the delivery of a new access from Alexandra Road to the new Queen Street/Bear Street car park

Councillor Phillips requested that it be noted that he abstained from voting on this motion.

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

(i)             9 February 2022

(ii)            9 March 2022

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

(i)             7 March 2022

(A) Minute 118(b): Approval and Release of Section 106 Public Opens Space Funds – Mortehoe

(B) Minute 119(b): Allocation of Affordable Housing Commuted Sums – Beechfield Road, Fremington

RESOLVED that it being 12.35 p.m. the meeting be adjourned for a ten minute comfort break and reconvene at 12.45 p.m.

The Committee considered a report by the Lead Planning Officer (North) (circulated previously).

RESOLVED (unanimous) that the application be APPROVED as recommended by the Lead Planning Officer (North).

The Committee considered a report by the Lead Planning Officer (Majors) (circulated previously).

The Service Manager (Development Management) addressed the Committee.

Robin Upton (Agent) addressed the Committee.

RESOLVED (unanimous) that the application be APPROVED as recommended by the Lead Planning Officer (Majors) subject to the Service Manager (Development Management), utilising Delegated Power, to secure a revised Deed of Variation which adequately reduced the risk of the flood defence works not being delivered through the redevelopment of Seven Brethren.

The Committee considered a report by the Lead Planning Officer (Majors) (circulated previously).

The Service Manager (Development Management) addressed the Committee and advised that:

·       The application consisted of the demolition of number 18 St Andrews Road and the building of 161 dwellings, with the access through the site of the demolished dwelling.

·       Correspondence had been received from the owners of Church Farm regarding the movement of vehicles alongside their property. Amendments had been made to the application to alleviate this.

·       Natural England were satisfied with the proposed access to the Tarka Trail on the provision that a condition was included to monitor and review the mitigation measures proposed. The Environment Agency confirmed thay had no objections subject to receipt of an updated Flood Risk Assessment and imposition of a condition to control finished floor levels. Delegated Authority to the Head of Planning, Environmental Health and Housing was sought to update the FRA and impose the above suggested conditions.

·       The site access had been reviewed by the Highways Officer and now had improved visibility and surface treatments. Development was now to be further from the western boundary than originally planned.

·       Although the site was initially considered within the North Devon and Torridge Joint Local Plant had been found unviable as there was no access. The demolition of 18 St Andrews Road had enabled it to be considered viable and had been approved with no concerns from Devon County Council (DCC).

In response to a question from the Ward Member, the Service Manager (Development Management) confirmed that the photographs presented had not been ‘doctored’.

The Service Manager (Development Management) advised that:

·       The site would provide a biodiversity net gain of over 44% which gave the application substantial weight.

·       Traffic headlight heights would be looked at in relation to lights shining into properties.

·       An Air Quality assessment had been submitted. The resulting effects of the development were deemed to be low and the levels were expected to remain at an acceptable standard.

·       DCC would use Section 106 contributions towards improvements to be made to the Esso garage junction.

·       There would be minimal tree loss and further planting.

Paul Hyde (supporter) and Cllr Graham Bell (of North Devon and Torridge Housing Crisis Group) (supporter) addressed the Committee.

Patricia Ward (objector), Diane Etheridge (objector), Helen Elder (objector), Nancy Child (Reading a statement on behalf of Derrick Slade) (objector), Deborah White (objector), and Kerry Slocome (objector) addressed the Committee.

Dan Yeates (agent) addressed the Committee.

Councillors Walker (Bickington) and Knight (Roundswell) addressed the Committee as objectors from neighbouring wards.  Councillor Biederman addressed the Committee as Ward Member.

In response to questions from the Committee, Paul Young of Devon County Council Highways confirmed:

·       Highways were opposed to the development in 2017 as there had been issues to be addressed, however it was now considered that the access met the minimum standards required. There was adequate room for commercial vehicles to pass and the footpaths met the required standards. The only reason for refusal from DCC would be the failure to agree a Section 106 contribution towards improvements at the Cedars and Wrey Arms’ junctions.  DCC North Devon Highways and Traffic Orders Committee had considered indicative proposals for those improvements.

·       On street parking was not found to be a concern at the location.

·       Any new access was required to be 2 metres wide. Existing areas were not required to be updated to meet that width. Although the preferred option would be for all to meet the new standards this was not a reason to refuse or object to the proposal.

·       The area was residential and classed as a low speed area. Shared use of pedestrians, cyclists and cars was acceptable.

·       In response to questions from the Committee, the Service Manager (Development Management) confirmed that the Fremington Neighbourhood Plan had not yet been adopted so it currently held no weight.

The Legal Adviser confirmed that the path was owned by BDW Trading and this path was not expected to be the main access to the site. It was unknown as to whether BDW Trading were connected to the applicant.

RESOLVED (12 for, 0 against, 1 abstained) that the application be DEFERRED for 2 cycles to allow for a site visit to take place in order for:

(i)    The Committee to view the site from a distance,

(ii)   To understand the amenity issues at the 2 access points.

(iii) The Officers to obtain information from Church Park Farm in relation to the creation of a public right of way across the land, and consider, with Ward Members and Officers, the need for the football pitch, and

(iv) To allow the developers time to investigate alternative access to the site and consider a 2 metre barrier to reduce noise, and a specialist be invited to attend a future Committee to discuss this.

Councillor Tucker re-declared his pecuniary interest in the application and chose to leave the meeting during the consideration of this planning application.

The Committee considered a report by the Senior Planning Officer (circulated previously).

The Senior Planning Officer addressed the Committee and advised that:

·       The response from Natural England had now been received. Based on the plans submitted, they considered that, subject to mitigation, the proposed development was unlikely to have significant adverse impacts on designated sites and had no objection.

·       Where practical, top soil from the site would be stored and re-used on site in garden and landscape areas to support the retention and re-use of soil in terms of sustainability and in accordance with the Policy DM08 of the North Devon and Torridge Joint Local Plan and paragraph 170 of the National Planning Policy Framework.

·       The Parks Team had worked with the Ward Member to identify the following as priorities for Section 106 funding:

o   Provision of a Community Hall

o   Enhancement of Football club site to include land, pitches and buildings  

o   Enhancement of play areas within the Parish

·       Two further letters of objection had been received since the publication of the agenda.

·       The application fell outside of the development boundary as set within the North Devon and Torridge Joint Local Plan (NDTLP) although the lack of a demonstrable five-year land-supply had given the application weight.

·       Devon County Council’s flood assessment ascertained that the site was capable of dealing with surface water on site.

RESOLVED, that it being 1.10 pm the meeting continue in order for the remaining business to be transacted.

Richard Halliday of Landkey Parish Council addressed the Committee.

Tom Tippett (Supporter), Susan Tiner (objector) and Russell Williams (agent) addressed the Committee.

In response to questions from the Committee, the Senior Planning Officer advised:

·       There was no Tree Preservation Order on the existing tree, although it would be replaced with six similar trees on site.

·       The Environmental Health Team were satisfied with the Air Quality assessment.

·       Section 106 funds could be earmarked for the local primary school.

·       The agricultural  land was a mix of categories 3A and 3B

RESOLVED (unanimous) that the application be APPROVED as recommended by the Senior Planning Officer, subject to   the Senior Planning Officer being delegated authority to secure funding for Landkey Primary School within the Section 106 agreement.

RESOLVED that the minutes of the meeting held on 9^th March 2022 (circulated previously) be approved as a correct record and signed by the Chair.

RESOLVED that owing to a quorum of Members not being present, in accordance with the Council Procedure Rules, Part 4 of the Constitution, that the meeting be adjourned for 15 minutes.

Cllr Luggar arrived at 6.52 p.m.

RESOLVED that it being 6.52 p.m. and the meeting now being quorate that the meeting be re-convened.

RESOLVED that the public and press be re-admitted to the meeting.

The Committee considered a report by the Senior Solicitor and Monitoring Officer regarding the Review of the Committee’s Terms of Reference (circulated previously). 

The Senior Solicitor and Monitoring Officer presented the report to the Committee and confirmed that this was an annual report and that no changes were required to the Terms of Reference as there had been no changes to the Authority’s Constitution.

RESOLVED that the Review of the Committee’s Terms of Reference be noted.

RESOLVED:

a)    That, under Section 100A (4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following items as it involved the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of the Schedule 12A of the Act (as amended from time to time), namely information relating to the financial 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”.

The Committee considered a report by Devon Audit Partnership regarding the Internal Audit Charter and Strategy (circulated previously).

The Internal Auditor (PM) advised that the Internal Audit Charter and Strategy explained the role of internal audit.

RESOLVED that the Internal Audit Charter and Strategy be approved.

The Committee considered a report by Devon Audit Partnership (DAP) regarding the Internal Audit Plan 2022-23 (circulated previously).

The Internal Auditor (PM) advised that:

·       The DAP had worked with the Senior Management Team and had provided a draft plan.

·       The draft plan provided a breakdown of the audits alongside the number of days programmed for each.

·       The plan covered the key areas of climate changes, cyber security and core services.

RESOLVED that the Internal Audit Plan 2022-23 be approved.

RESOLVED that the minutes of the meetings held on 27 September 2021 and 16 November 2021 (circulated previously) be approved as a correct record and signed by the Chair.

The Committee considered a report by Grant Thornton regarding the External Audit Progress report and Sector Update (circulated previously).

The External Auditor (AD) confirmed:

·       This was the final report for the 2021 audit.

·       The Audit Certificate could not be issued until the guidance in relation to the WGA (Whole of Government Accounts) had been received.

·       The Value for Money works had been completed in December 2021.

·       The result of testing on the Housing Benefit subsidy had found one error (in the Authority’s favour) resulting in a £1,020 reduction in the amount the Authority would have to repay back to Government.

·       The 2021/22 Audit was programmed to start in early July 2022 and was expected to be completed by September 2022.

The External Auditor (PB) confirmed:

·       CIPFA was currently undertaking a consultation regarding the treatment of Property, Plant and Equipment valuations in the accounts. It was not yet known how, or if, this would affect account preparation.

·       There was currently a lack of Auditors, or prospective candidates with the right skill-set, in the industry.  The sector was facing delays in completing audits within the time limits.

RESOLVED that the External Audit Progress Report and Sector Update be noted.

The Committee considered a report by Devon Audit Partnership regarding the Internal Audit progress report for 2021-22 (circulated previously).

The Committee was advised of the following in relation to the Internal Audit Progress Report 2021-22:

·       There were 11 audits in the 2021-22 plan (as per appendix 1).

·       The annual audit report would be presented for consideration in June 2022

·       It was usual for 80-90% of audits to be of Reasonable assurance. Within this audit, one audit (Main Accounting System) had received Substantial Assurance, the remaining ten had received Reasonable Assurance.

·       Devon Audit Partnership had been externally reviewed themselves, and achieved the highest available score.

·       Works on Counter Fraud was ongoing to help identify risk and core controls, and assess risk management.

·       DBS checks for officers could be considered.

·       The two Reasonable Assurance reports, previously presented in draft, had now been agreed.

In response to a question from the Committee, the Director or Resources and Deputy Chief Executive advised that the ICT team were following National Protocol in relation to cyber security and that in addition £150,000 had been awarded to the authority to further improve security systems.

In response to questions from the Committee, the Audit Manager (PM) advised that:

·       The Climate Change audit was the only one highlighted as red. The appointment of a Climate Officer (jointly with Torridge District Council) had resulted in progress, although, at the time of the audit, there was no strategy in place.

In response to questions from the Committee, the Head of Governance advised that:

·       During Covid resources had been redirected to the processing of Covid-19 relief payments and grants which had resulted in reduced resources for debt recovery. The level of debt was higher than previously but expected to reduce.

In response to questions from the Committee, the Director or Resources and Deputy Chief Executive advised:

·       The Car Parking Manager has been working with the software supplier to develop the system to enable the reports required by Audit to be created.

The Chief Executive advised that the logistics of providing the electrical infrastructure to the car parks was proving an issue due to the provision of electric charging points.

RESOLVED that the Internal Audit Progress report be noted.

The Committee considered the Audit Recommendation Tracker report by the Chief Executive in respect of actions taken to address internal and external audit recommendations (circulated previously).

The Committee noted the following updates:

·       34 recommendations had been included in table B  (recommendations completed since the last meeting of the Governance Committee)

·       Table C detailed 13 recommendations for which time extensions were being requested.  Many of these were requested in order to coincide with the service plans

·       Table D detailed 7 outstanding recommendations. These needed to be closed off of the report, as completed, or have extensions requested.  H&S 05 and CSM&R 15 would be completed prior to the next meeting. SC19 O 03 had been completed. 

·       Recommendations in Table E (Annual Governance Statement) included a mix or recommendations requiring extensions, and those completed.

RESOLVED:

(a)           That the time extensions requested in the Audit Recommendation Tracker be approved;

(b)           Table D be updated for the next meeting of the Committee; and

(c)           That the Audit Recommendation Tracker be noted.

The Committee considered the work programme for 2022-23 (circulated previously).

                     RESOLVED:

a)    that the Corporate Risk Register be added to the Work Programme on a quarterly basis

b)    That the work programme for 2022-23 be noted.

The Chief Executive provided the Committee with an update on Governance Arrangements and confirmed that:

·       No Members had provided any feedback to indicate that they any had any issues with the current arrangements.

·       It appeared that the Members were content with the system.

·       The Authority was prevented from reverting to the previous arrangements within five years of the change, although minor adjustments could be made.

In response to questions from the Committee, the Chief Executive advised:

·       The main difference between the systems (Executive model and Committee structure) was the political balance built into the Constitution which negated the need to have arrangements for call-in of a decision.

·       The Policy Development Committee had the same powers as the Overview and Scrutiny Committee had, except for the call-in powers.

·       The new structure was more politically-balanced.

·       The Executive Structure did vary between organisations, for example the DCC structure differed from that in place at NDC as NDC had delegated powers to Committees, rather than to individual Councillors.

·       The Executive system in place at NDC was no quicker or slower than the present Committee structure.

RESOLVED that the update of Governance Arrangements be noted.

The Committee considered a report by Grant Thornton regarding the External Audit Annual Audit report (circulated previously).

The External Auditor (DP) confirmed:

·       The Audit Report covered three areas within the new code of practice under which the Auditors were required to assess arrangements: Financial Sustainability, Governance and Improving economy, efficiency and effectiveness.

·       This was a positive report with no significant weaknesses identified, therefore there were no key or statutory recommendations. The report contained only improvement recommendations.

·       The overall findings for Financial Sustainability were of four recommendations which included the separate monitoring of the authority’s savings on a tracker, and the continual review of the level of reserves held. The Authority held a General Fund reserve level of 9.1% of the net revenue budget. The CIPFA recommended level was between 5-10%. The levels held had been viewed as prudent but would be kept under review.

·       In terms of Governance there was a recommendation to review the Corporate Risk Register (CRR) every three months, with monitoring to take place quarterly.  It was suggested that the focus would be any ‘red’ risks.

·       Improving economy, efficiency and effectiveness: a rating of the performance indicators was discussed, to enable trends to be easily identified.

In response to questions from the Committee, the Director of Resources and Deputy Chief Executive confirmed that:

·       Following the restructure of the Senior Management Team it was decided that the Monitoring Officer would not be required to sit on the SMT as the new Head of Governance would be in attendance.

·       The CRR could be presented to the Committee on a quarterly basis.

·       SMT review the CRR and any issues would be escalated to them.

·       All of the recommendations submitted by the auditors had been accepted.

RESOLVED that the External Audit Annual Audit report be noted.