Decisions

Council considered the future recording of Council meetings.

It was moved by Councillor Topps and seconded by Councillor Lane “that future Council meetings be recorded (sound only)”.

Mr G. Curry, addressed Council.

Councillor Leaver presented her notice of motion to Council.

It was moved by Councillor Leaver and seconded by Councillor Worden that “This Council reaffirms its recognition of the scale and urgency of the global challenge from climate change, as documented by the latest Special Report of the Intergovernmental Panel on Climate Change, and declares a climate emergency; and agrees to set up a climate change working party to investigate and recommend an action plan of what further corporate approaches can be taken to facilitate stronger action through collaboration at a strategic, community and individual level.  To this end this Council will work with the County Council and partners across the county and region to implement best practice methods to limit Global Warming to less than 1.5 degrees Celsius.  Furthermore this Council calls on Westminster to provide the powers and resources to enable North Devon to work towards becoming carbon neutral as soon as possible bearing in mind the Intergovernmental Panel on Climate Change’s target of 2030.”

Councillor Pearson recommended amending the notice of motion to include “declares a climate and biodiversityemergency”.

Councillors Leaver and Worden agreed to take the amendment on board in the notice of motion.

Council considered a report by the Chief Executive (circulated previously) regarding signing up to the joint Climate Change declaration.  He advised that all Districts, Parishes and Communities needed to take part and sign up to the Climate Change declaration.  There was a need to replicate the Plastic Free consortium model for Climate Change to engage with community groups and businesses.

Councillor Tucker suggested that Climate Change be included on the agenda for the next meeting of the Parish Forum.

It was moved by Councillor Crabb and seconded by Councillor Leaver that recommendations 2.1 and 2.2 be adopted subject to an additional recommendation being included stating “that in implementing the declaration of climate change that the costs of any measures be identified.”

Council considered a report by the Chief Executive (circulated previously) regarding the appointment of a designated person for the harbours.

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

Council considered a report by the Chief Executive (circulated previously) regarding appointments to Outside Bodies.  The Chief Executive advised that following the Annual Council meeting on 16^th May 2019 there were a number of appointments to Outside bodies that were outstanding and needed to be considered.  In relation to the Braunton Marsh Internal Drainage Board, it was understood that Councillors appointed needed to represent the Braunton area, however this needed to be reconsidered.

It was moved by Councillor Worden and seconded by Councillor Leaver “that recommendations 2.1, 2.2 and 2.3 be adopted subject to Councillor D Spear being appointed to North Devon Biosphere Reserve Partnership; Councillor York being appointed to One Barnstaple; appointments to the Braunton Marsh Internal Drainage Board being deferred until the Council meeting on 25^th September 2019; and Councillor Wilkinson be appointed to the Northern Devon Areas of Outstanding Natural Beauty Partnership.”

Councillor Davis declared a personal interest as a Devon County Councillor appointed to the Northern Devon Areas of Outstanding Natural Beauty Partnership.

Councillor Chesters declared a personal interest as Chair of the Braunton Marsh Internal Drainage Board.  She advised that she had requested the secretary to provide a copy of the Board’s term of reference.

Council considered a report by the Chief Executive (circulated previously) regarding the appointment of committees for 2019/20.

The Chief Executive advised that table 2 had been tabled.

The Chief Executive recommended the following:

“(a) that the Council appoints committees and joint committees each with the total number of voting members and group allocations as detailed in table 1 for the 2019/20 municipal year.

(b)  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 2 circulated at the meeting.”

It was moved by Councillor Barker and seconded by Councillor Worden that the recommendations be adopted.

RESOLVED:

(a) that the Council appoints committees and joint committees each with the total number of voting members and group allocations as detailed in table 1 for the 2019/20 municipal year;

(b) 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 2 circulated at the meeting.

RESOLVED that the following minutes of the Ethics Committee (circulated previously) be noted, adopted and approved as a correct record:

RESOLVED that the following minutes of the Personnel Committee (circulated previously) be noted, adopted and approved as a correct record:

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the Annual Treasury management report for 2018/19 (circulated previously).

It was moved by Councillor Worden and seconded by Councillor Spear “that minute 16 of the meeting of the Strategy and Resources Committee held on 1^st July 2019 be adopted.”

RESOLVED that minute 16 of the meeting of the Strategy and Resources Committee held on 1^st July 2019 be adopted.

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 4 of 2018/19 (circulated previously).

It was moved by Councillor Spear and seconded by Councillor Worden “that minute 4 (f) of the meeting of the Strategy and Resources Committee held on 3^rd June 2019 be adopted.”

RESOLVED that minute 4 (f) of the meeting of the Strategy and Resources Committee held on 3^rd June 2019 be adopted.

Council considered the letter of representation on behalf of the Council (circulated previously).  The Head of Resources highlighted paragraph (x) detailed on page 162 of the agenda.

Councillor Phillips, Vice Chair of the Governance Committee reported the recommendations of the Governance Committee held on 22^nd July 2019.

It was moved by Councillor Patrinos and seconded by Councillor Yabsley that the recommendation be adopted.

RESOLVED that the letter of representation on behalf of the Council be approved and signed by the Chairman and Chief Financial Officer.

Council considered the Annual Governance Statement for 2018/19 (circulated previously).  The Chief Executive summarised the Annual Governance Statement and advised that it set out the governance and control measures for the Council.

Councillor Phillips, Vice-Chair of the Governance Committee reported the recommendations of the Governance Committee held on 11^th June 2019.

It was moved by Councillor Patrinos and seconded by Councillor Henderson that the Annual Governance Statement for 2018/19 be approved.

RESOLVED that the Annual Governance Statement for 2018/19 be approved.

Council considered a report by the Chief Financial Officer (circulated previously) regarding the Statement of Accounts for 2018/19.  The Chief Financial Officer advised that the External Audit of Accounts commenced on 1^st July 2019 and that the Audit Findings report was reported to the Governance Committee on 22^nd July 2019 which gave an unqualified opinion on financial statements and value for money conclusion and three recommendations following key findings which had been accepted by management and responses had been built into the Action Plan.  The Accounts were formally required to be signed off by Council on 24^th July 2019.  He outlined the narrative report which set out the challenges the Council faced, how those challenges would be met and reviewed the last financial year 2018/19. 

The Chief Financial Officer advised that a paper detailing adjustments identified during the 2018/19 audit which had not been made within the final set of financial statements had been tabled.  The Governance Committee had approved the management’s proposed treatment of all items detailed in the paper.

Councillor Phillips, Vice-Chair of the Governance Committee reported the recommendations of the Governance Committee on 11^th June 2019 and 22^nd July 2019 and advised that the Committee had supported the recommendation.  He thanked the Head of Resources and his staff for their work.

In response to a question, the Chief Financial Officer advised that a review of the pension liability would be undertaken during the Autumn to identify the cash impact on the Council.  This would then be fed into the budget setting process and Members would be advised.

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

RESOLVED that the Statement of Accounts 2018/19 be approved, and that the Chairman of the Council sign and date the Statement of Accounts as required by the Accounts and Audit Regulations.

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

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

(i)         18^th June 2019

(A) Minute 3: Proposed amendments to Dangerous Wild Animal and Zoo Licensing Fees (NOTE: Council noted that this recommendation would be considered by the Strategy and Resources Committee on 5^th August 2019).

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

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

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

(i)         3^rd June 2019

(ii)        1^st July 2019

(A) Minute 17 (e): Approval and Release of Section 106 Open Space Funds – Bickington, Ilfracombe and North Molton.

(B) Minute 20 (c): Braunton Burrows Special Area of Conservation Visitor Impacts and Mitigation.

RESOLVED that the following minutes of the Executive (circulated previously) be noted, adopted and approved as a correct record:

RESOLVED that the following minutes of the Overview and Scrutiny Committee (circulated previously) be noted, adopted and approved as a correct record:

RESOLVED that the following minutes of the Audit Committee (circulated previously) be noted, adopted and approved as a correct record:

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

Council considered a report by the Chief Executive (circulated previously) regarding the appointment of Monitoring Officer.  The Chief Executive advised that the Appointments Committee had met on 23^rd July 2019 and recommended that Trevor Blatchford be appointed as Monitoring Officer with immediate effect.

It was moved by Councillor Worden and seconded by Councillor York that the recommendations in the report be adopted.

Council noted that the appointments had been considered under minute 32 (a).

Council noted the typographical error in the agenda item and that it should have stated “Appointment of Vice-Chair for 2019/20”.

It was moved by Councillor Worden and seconded by Councillor Barker that the recommendation be adopted.

RESOLVED that Councillor York be appointed to replace Councillor J. Cann as Vice-Chair of the Licensing and Community Safety Committee for the municipal year 2019/20.

Council considered a report by the Chief Executive (circulated previously) regarding the appointment of Lead Members.

It was moved by Councillor Worden and seconded by Councillor Bushell that recommendation 2.1 of the report be adopted.

Council considered a report by the Chief Executive (circulated previously) regarding changes to the Constitution.

Councillor Ley, Chair of Planning Committee advised that the amended wording of paragraph 7.2 (c) of the Head of Place’s delegated powers was different to the wording that had been agreed by the Planning Committee following its meeting on 12^th June 2019.

It was moved by Councillor Worden and seconded by Councillor Patrinos that recommendations 2.1.1 and 2.1.3 be approved and that recommendation 2.1.2 be deferred and brought back to the next meeting of Council for consideration.

Council considered a report by the Chief Executive (circulated previously) regarding the appointment of Aldermen.

It was moved by Councillor Worden and seconded by Councillor Prowse that the recommendations in the report be adopted.

The Committee considered a report by the Public Protection Manager (circulated previously) regarding proposed amendments to Dangerous Wild Animal and Zoo Licensing fees.

The Public Protection Manager highlighted the following:

·         Recent legislative changes surrounding animal welfare licensing had created a position whereby there was a lack of consistency surrounding the way the Council’s animal licensing fees were calculated, and in respect of the level of fee income recovered.

·         Fees approved under The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 were now comparatively high compared to the fees set under the Zoo Licensing Act 1981 and Dangerous Wild Animals Act 1976, which were part of the regime imposed by the 2018 regulations.

·         The Council was not in a position to achieve a satisfactory level of cost recovery for licences issued under the Zoo Licensing Act 1981 and the Dangerous Wild Animals Act 1976, to the point where the tax payer was currently subsidising this regime.

·         The Council currently licensed three zoos.  There were no licences in relation to the keeping of dangerous wild animals.

·         Calculations in respect of keeping dangerous wild animals were detailed in Appendix B.

·         Appendix A detailed the fees proposed.

·         The structure of the fees currently in place did not reflect the recent case of Hemmings v Westminster City Council. It was recommended that there was a new Part A and B fee breakdown.

·         Despite consultation being undertaken by way of the Council’s Consultation Finder on its website, and additionally through written correspondence to the three zoos within the district no representations have been made.

The Committee considered a report by the Head of Place (circulated previously) regarding Barnstaple Vision.

The Economic Growth Manager highlighted the following:

·         Lavigne Lonsdale had been appointed to prepare a Vision for Barnstaple, and have completed Phase 1 of the work, involving a benchmarking exercise pulling together the existing work within the town and their immediate thoughts.

·         This initial piece of work was appended to the report and was a working document which would be finalised following consultation and engagement with stakeholders and the wider community.

·         Procurement of Phase 2/3 would now start, to cover consultation and engagement with stakeholders and with the wider community.

·         Discussions were taking place with Barnstaple Town Council to include consultation on their proposed Neighbourhood Plan within Phase 3 of the project.

·         A Strategic Programme Board would be set up to manage the project working with partner organisations.

In response to questions, the Economic Growth Manager confirmed that Barnstaple Town Centre Management were engaged in the project and that she would be attending a meeting tonight to provide an update.  The Clerk to Barnstaple Town Council and Barnstaple Town Centre Manager were part of the Programme Board.  Existing reports had been taken in to consideration and the budget of £40,000 was realistic for phases 2/3 of the project.

In response to a question, the Head of Place advised that Neighbourhood Plans would be subject to the same statutory processes as the Local Plan and would have the same status.

In response to a question, the Economic Regeneration Manager advised that an update would be provided to the Committee in relation to the Hydrock car parking strategy report.

The Committee considered a report by the Head of Place (circulated previously) regarding the Land Release Fund Project update on Seven Brethren Regeneration.

The Regeneration Manager highlighted the following:

·         In November 2017 North Devon Council were awarded £2.2 million of Land Release Fund to bring forward 245 residential units at Seven Brethren, Barnstaple. £1 million was secured towards junction improvements and £1.2 million towards delivering flood defences/raising of site levels. £1,200,000 had been received and the remaining monies would be paid in a further tranche over the next 12 months providing the project is progressing as set out in the original bid (or amended as agreed).

·         The Land Release Fund was a Government initiative to assist in unlocking sites and accelerating the delivery of housing. The Fund expects this land to be released for housing no later than March 2020. It had since been acknowledged by the Local Government Association (LGA) that this could be extended until December 2020.

·         The Land Release Fund was provided on the basis of the release of 3.6 hectares of land for housing; namely the site of the existing leisure centre, the short stay car park, long stay car park, any events area not within the required land for the new leisure centre and the current toleration site, to provide 245 homes.

·         A member briefing and public consultation event was held on Thursday 11th July 2019. The information has been made available online and the consultation ended on 26^th July 2019.  A briefing had also been provided to Barnstaple Town Council.  A high level report from the consultation findings had now been received and would be circulated separately.

·         The Environmental Impact Assessment was near completion. 

·         The planning application would be submitted in September 2019 which would be a hybrid planning application where the scheme will be in outline save the provision of the new long stay car park, which would be a detailed part of the application.

·         Land had to be released for development by December 2020, although the LGA were aware that the site of the current leisure centre and associated short stay car park could not be released until the new leisure centre was open, and have indicated that a phased approach is acceptable.

·         Two meetings had been held with both Barnstaple Town Council and the Showman’s Guild and they have taken options away to discuss with their membership.  Work was being undertaken with the ecologist to establish the maximum size of the site.

·         The public consultation panels showed a temporary toleration site to the rear of the proposed new long stay car park. The Head of Place had set up a project team to start looking at a long term solution for travellers and they have had their first meeting.

·         Hydrock consultants were preparing a Transport assessment for this project.  The Council was working with them, DCC, Highways and LHC urban designers to understand what highway improvements were necessary for this project and what place making opportunities there were, particularly at the junction of the Long Bridge which would link the new riverside walk/cycleway with that within the Anchorwood Bank site.

·         Working continues with consultants and internal officers to understand the effects of this scheme on flooding, ecology, trees, drainage, heritage and contamination and any required mitigation.

In response to questions, the Regeneration Manager confirmed that there would be no reduction in the level of car parking during the replacement of the long stay car parking.  The next key milestone was the deadline for the receipt of formal tenders at the end of October 2019.

The Committee considered a report by the Head of Resources (circulated previously) regarding the Performance and Financial Management report for Quarter 1 of 2019/20.

The Head of Resources highlighted the following:

·         As at 30 June 2019, the latest forecast net budget is £12.546m, which produced a forecast budget deficit of £0.028m.  A small forecast deficit normally occurred during the first quarter as budget holders anticipate spending the whole of their budgets at the commencement of the year and it was anticipated that the deficit would be reduced as we worked through the financial year.

·         Appendix A detailed variations in the revenue budget.  £20,000 savings had been forecast for temporary accommodation.  The Head of Operational Services was currently seeking to reduce the inefficiencies within the service to reduce overheads and costs.   The overspend for the Operational Services had been offset by £82,000 savings which had been achieved through Devon County Council as less waste was going to landfill.  Planning fee income had reduced which was in line with other Local Authorities.

·         At the 30 June 2019 total external borrowing was £1.250m.  It was anticipated that this level would remain the same for the foreseeable future.

·         Appendix B “Movement in reserves and balances” detailed the movements to and from earmarked reserves in 2019/20.  The Council had a strong general fund reserve.

·         Appendix C detailed the Strategic Contingency Reserve movements and commitments.

·         Appendix D detailed the Capital Programme for 2019/20 to 2021/22.  The Leisure Provision at Seven Brethren spend had been re-profiled to 2020/21 and 2021/22 and the Water Sports Centre spend had been re-profiled to 2020/21.  The Programme of £29.969m was funded by Capital Receipts / Borrowing (£14.064m), External Grants and Contributions (£13.530m) and Reserves (£2.375m).

·         Treasury Management as detailed in paragraph 4.5 of the report.  The return earned on the Council’s investments was 0.65% which was higher than the previous year of 0.44%.

·         Debt Management as detailed in paragraph 4.6 and General Debtors as detailed in paragraph 4.7 of the report.

·         Appendix E detailed performance information.

In response to questions, the Head of Resources advised:

·         The forecast for the reduction in planning fee income was for the whole of the financial year.

·         There was additional employee costs within Operational Services due to missed collections and the payment of overtime and agency staff.

·         In relation to Unit 1b at Seven Brethren, it was anticipated that the completion would take place very shortly.

·         The level of Council Tax and Business Rates collected were low in Quarter 1 as payments were made over a 10-12 month period.  This level would increase throughout the remainder of the year.

·         The Council’s budget was based on the assumption that eventually 97.5% of Council Tax sums due would be collected which was in line with other Local Authorities.  The Council actively pursued the outstanding debts and write offs were always less than 1%.

·         The figures for the collection of recycling had been sent to Devon County Council.  The final collection rate for 2018/19 would be confirmed shortly once the figures had been audited by Devon County Council.

·         The vacant posts within the Planning service were currently being filled.

The Head of Place confirmed that there had been a number of vacancies within the team for a sustained period.  All posts had now been filled and the team would be fully staffed within the next couple of months.

In response to questions, the Chief Executive advised:

·         It had been identified that there was a high level of missed waste and recycling collections which was not acceptable.  This had a financial impact and had resulted in the receipt of more complaints.  A review of the missed collections would commence in September 2019 to identify the reasons why collections were being missed and address them.

·         If the three weekly collection of residual waste was rolled out, then additional resources would be put in place to work with communities.

·         A report would be presented to the Committee in the autumn regarding the options for the waste and recycling service.  Works on the replacement of the process hall infrastructure had been slightly delayed due to the two fires which had occurred recently.  As a result of the fires, an emergency meeting of the Senior Management Team had been convened and a number of actions had been agreed.  As a result all recyclable plastics would temporarily be stored outside and not in the processing hall, the collection of batteries had been stopped, rubberised buckets were now used and a new alarm system would be installed.  The fires had also exposed old infrastructure from the previous meat factory located on the site.  Once works had been completed, the process hall would be back in operation.

·         Citizens were required to set up accounts when paying online, so that the Council could collect money through the website.

The Committee considered a report by the Project, Procurement and Open Space Officer (circulated previously) regarding an update on the Braunton BMX track and request for approval and release of section 106 funds.

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

·         In March 2019, the former Executive resolved to accept the freehold transfer of land at Velator, to the Council, at nil value, to create a BMX track.

·         Since March, Officers have prepared a specification and tendered the design and construction of the BMX track, with tenders being returned in June.  The contractor was now in place and ready to commence works.

·         Simultaneously, Legal Services had been instructed to undertake the legal transfer. During this process, a restriction on title was found, which states no transfer or assent can be registered without the consent of the former landowner (the owner prior to the BMX Trustees).   A meeting had now been held with the former landowner to try to resolve the issue.  If the previous owner did not provide consent for the freehold transfer, then it was recommended taking a 999 year lease of the land at Velator from the Trustees of Braunton BMX club.

The Committee considered a report by the Chief Executive (circulated previously) regarding the draft Corporate Plan.  A copy of the draft Corporate Plan and Delivery Plan was tabled.

The Chief Executive outlined the draft corporate priorities and delivery plan.  He advised that the draft corporate priorities and delivery plan had been formulated by the Corporate Plan Working Group.  The delivery plan would be kept under continual review by the Senior Management Team and Councillors and updated regularly.  Public consultation commenced on 31^st July 2019.   Following public consultation, the Working Group would reconsider the Corporate Plan prior to adoption by Council in the autumn.

In response to questions in relation to timescales, the Chief Executive advised that work on some aspects of the delivery plan such as the commercialisation strategy and cross cutting environmental strategy would commence immediately.  The carbon reduction plan needed to be in place within six months.  Discussions had taken place with other Local Authorities regarding jointly commissioning Exeter University to assist with the carbon reduction plan.  The Council was starting to take into account environmental issues such as a review of the Grounds Maintenance Contract.  The Corporate Plan would be fed into service planning which would commence in the autumn.  Senior Management Team would be considering options for setting up a housing building company, which would be reported to the Committee in due course.  The Council would continue to maintain its working relationship with North Devon Homes.

In response to questions, the Head of Resources advised that the revenue budget included provision for temporary accommodation and any savings achieved would be identified.  The Head of Environmental Health and Housing would provide an update at a future meeting of the Committee.  £1.2m had been originally included within the capital programme for the provision of temporary accommodation.  The underspend from 2018/19 was rolled forward to 2019/20.  Two two bedroom houses and two three bedroom houses had been procured and it was planned that more houses would be procured.  Two of the properties were ready for occupation and two required works and would be ready for occupation shortly.

Councillor Yabsley advised that a reporting mechanism needed to be in place to report any significant issues such as significant changes in building regulations from the Building Control Joint Committee to the Strategy and Resources Committee.

Apologies for absence were received from Councillors Hunt and Luggar.