Decisions

Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the council’s decision making bodies.

Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by council officers.

Decisions published

12/11/2019 - 10631: Alleged unauthorised development - conversion of first floor flat and offices/store into three 1 bedroom flats at Ty-nant 1 St Marys Road Croyde Braunton Devon EX33 1LF ref: 1635    Recommendations Approved

The development does not make adequate provision for the parking of vehicles within the site and will therefore be likely to encourage short-term parking on the highway, with consequent risk of additional danger to all users of the road and interference with the free flow of traffic. This is contrary to the provisions of Policy DMO6 of the North Devon and
Torridge Local Plan, adopted October 2018.
No confirmation has been provided that the occupiers of the three flats will be eligible for permits to park all year round within the existing Croyde village public car park. In addition, if such eligibility is secured, the effective loss of these spaces to the general public increases pressure for on-street parking on the approach or within the village of Croyde. The proposal is therefore contrary to the provisions of Policy DMO6 of the North Devon and Torridge Local Plan, adopted October 2018.

Decision Maker: Head of Place

Decision published: 21/12/2020

Effective from: 12/11/2019

Decision:

To issue an enforcement notice under Section 171A(1)(a) of the Town

Lead officer: Michael Tichford


05/11/2019 - 11071: Alleged unauthorised change of use - conversion of a stable to an events venue at The Bolthole Milltown Muddiford Barnstaple Devon EX31 4HG ref: 1636    Recommendations Approved

The breach alleges the change of use of the buildings, which appears to be a stable block to an events venue. The site visit identified sleeping accommodation, wash facilities and a bar in the building.
The site lies outside of the main built form of the settlement of Milltown therefore its location is considered as countryside.
Policy ST07 facilitates development in the countryside where a rural location is required, provides social or economic benefits and involves building reuse. It is reasonable to expect an events venue, particularly where there is an intention to host weddings, to be somewhere more remote from built up areas and this would also provide economic benefits as well as re-using an existing building.
Policy DM14 of the North Devon
or
(b) sites or buildings adjoining or well related to a defined settlement or a Rural Settlement; or
(c) the proposed employment use has a strong functional link to local agriculture, forestry or other existing rural activity;
provided that:
(d) there is no adverse impact on the living conditions of local residents;
(e) the scale of employment is appropriate to the accessibility of the site and the standard of the local highway network; and
(f) proposals respect the character and qualities of the landscape and the setting of any affected settlement or protected landscape or historic assets and their settings and include effective mitigation measures to avoid adverse effects or minimise them to acceptable levels.’
In terms of the above criteria, it is considered (a) is likely to be met, however in terms of (d) and (e) there are fundamental concerns in respect of the suitability of the highway access for such a use. Whilst visibility can be achieved using the access to The Bolthole and closing off the existing access, there is little information around parking availability. This, therefore, is likely to present adverse impacts to highway safety from on-road parking on a classified road.
Furthermore, the Council’s Environmental Health Service has identified unknowns in terms of noise generation which could result in adverse impacts to nearby third party properties. The potential parking arrangements within the curtilage of The Bolthole would also harm the amenity of any future occupier of The Bolthole which could end up in third party ownership from multiple movements at unsociable hours.
As such the negative impact on neighbouring amenity from noise generated from the site and vehicle movements and the adverse impact on highway safety from potential for parking on a classified highway due to insufficient on-site parking are such that it is not considered that the development complies with Policies DM14, DM01, DM02, DM05 and DM06 of the NDTLP as well as conflicting with objectives of the National Planning Policy Framework at paragraphs 108 and 127.

Decision Maker: Head of Place

Decision published: 21/12/2020

Effective from: 05/11/2019

Decision:

To issue an Enforcement Notice under Section 172 of the Town

Lead officer: Michael Tichford


11/11/2019 - 11239: Alleged unauthorised change of use - storage of caravans and residential use of the land at Land on the west side of Haxton Lane Bratton Fleming Devon EX31 4RY ref: 1633    Recommendations Approved

The land is located in the countryside where the North Devon and Torridge Local Plan (NDTLP), and National Planning Policy Framework (NPPF) seek to restrict certain forms of development in the interests of sustainable development. The land is currently being used for the storage and residential use of two caravans, non-agricultural vehicles and other items not linked to an agricultural use.
The change of use of land is controlled and limited to that which meets local economic and social needs, rural building reuse and use that is necessarily restricted to a countryside location in accordance with Policy ST01: Principles of Sustainable Development and Policy ST07 (4): Spatial Development Strategy for Northern Devon’s Rural Area of the North Devon and Torridge Local Plan adopted in October 2018.
The storage of the caravans in this location in the open countryside and their permanent residential use would not be justified under Policy ST07 of the NDTLP which seeks to restrict new development in the countryside to that which requires a rural location and provides for local, social or economic needs. This policy is further supported by Policy DM28: Rural Worker Accommodation of the NDTLP relating to rural workers dwellings and paragraph 79 of the NPPF. These provide exceptional circumstances for residential development in the countryside. The residential use of the caravans is not justified for rural workers accommodation in regard to Policy DM28 or any of the exceptions contained in paragraph 79 of the National Planning Policy Framework.
In addition the current use of the land would not appear to fall within any of the rural economy criteria outlined in policy DM14: Rural Economy, given that the use does not appear to have strong links to agriculture.
Whilst the occupant of the caravans works locally and goes back to Surrey at weekends there is not an ‘essential’ need for him to reside on the land to look after the domestic animals and limited livestock, other than for convenience.
The land is accessed from a substandard junction and so the development would have highway implications. Paragraph 109 of the National Planning Policy Framework states that applications should be refused on transport grounds where the residual cumulative impacts of the development are severe and Policy DM05: Highways states that all development must ensure safe and well-designed vehicular access and egress, adequate parking and layouts which consider the needs and accessibility of al highway users including cyclists and pedestrians.
The development would result in increased use of the junction onto the public highway. There is limited visibility from and of vehicles using the junction. This increased use would result additional danger to all road users and a loss of amenity along the designated public right of way. This is contrary to policy DM05 of the NDTLP.
The use of the land for the storage and residential use of the caravans, vehicles and other items, not linked to an agricultural use, nor requiring a rural location, is considered against strategic policies ST01, ST07, DM14 and DM28 of the NDTLP. Furthermore it is considered that the change of use that has taken place would result in severe impacts to the safety of road users and is in an unsustainable location contrary to Policy DM05: Highways of the NDTLP and Paragraph 109 of the NPPF.

Decision Maker: Head of Place

Decision published: 21/12/2020

Effective from: 11/11/2019

Decision:

To issue an Enforcement Notice under Section 171(1)(a) of the Town

Lead officer: Michael Tichford


13/11/2019 - 11188: Alleged breach of condition - 4 of planning permission 56287- independent use of the outbuilding at Molland Cross Farm South Molton Devon EX36 3EU ref: 1632    Recommendations Approved

Condition 4 attached to planning permission 56287 states that the ancillary accommodation shall not be used independently from the main dwelling and shall not be provided with any self-contained facilities including a kitchen. The annex has been fitted with a kitchen and has been converted into a self-contained unit in breach of the above condition. The permission was granted in October 2013 and as such the Council considers that the alleged breach of planning control is within the last 10 years and therefore within the time limit allowed to take enforcement action.
Policy ST07 states that development will be supported in the local centres and villages as identified in the North Devon

Decision Maker: Head of Place

Decision published: 21/12/2020

Effective from: 13/11/2019

Decision:

To issue an Enforcement Notice under Section 171(1)(a) of the Town

Lead officer: Michael Tichford


15/11/2019 - Barnstaple Future High Streets Fund bid ref: 375    Recommendations Approved

Reason(s) for the Decision:

A procurement process has been adopted which has resulted in only one tender being submitted. There is insufficient time to attempt another procurement exercise as the consultant needs to be starting work on the bid as soon as possible. There is insufficient time for the matter to be reported to Committee.
Information:
The Council has been successful in a bid for Stage 1 of Future High Streets Fund, and has been awarded £100,000 of revenue to work up the required Business Case for the Stage 2 bid. The bid for Stage 2 includes required Value for Money (VFM) information, Strategic Fit and Deliverability (the economic case), which forms the assessment criteria. The Consultants we wish to appoint have evidenced that they have the required skills in their bid.
A procurement exercise was undertaken with four companies approached to bid for this work but only one responded; Inner Circle. They have relevant experience from first round Stage 2 bids that have to be completed by early January 2020 and have learnt lessons from their meetings with MHCLG Delivery Managers who advise on these.
Following negotiation they have agreed a fixed fee of £47,200 for Phase 1 to work up the Business Case to a draft submission in March 2020. This draft bid will receive feedback from MHCLG following submission and the work in Phase 2 will be dependent on this. They have agreed to carry out this Phase 2 work based on hourly rates with a cap of £25,200.
Inner Circle will produce a Strategic Outline Case and an Economic Case that will show optimum VFM, a commercial case showing delivery options, a financial case and a management case that will demonstrate that the projects selected are deliverable. They will also carry out a Community Impact Assessment to ensure that the selected projects strengthen the town, and surrounding area, from an economic and social perspective.
The delivery programme provided with their bid shows that they have the resource and capacity to deliver the Outline Business Case within the timescales set, and that they have the required experience to ensure that the information will be that required by central government.
Under the Council’s Contract procedure rules, it is a requirement for contracts of this value to be the subject of three tenders. As set out above, the Council has not attracted that level of interest and so Contract Procedure Rules need to be waived to enable the appointment to take place.
The Contract Procedure Rules state that certain officers can waive the requirements of the CPR where the value is less than £40,000. Where the value exceeds that level, it is necessary to obtain approval from Strategy and Resources committee. Where the decision is urgent however, the constitution provides that the CEX can take the decision.
In this case, the appointment needs to be made as soon as possible to enable the appointed consultant to take part in discussions with the government next week. There is therefore insufficient time to report this matter to committee.
This work will be funded through revenue granted to North Devon Council by the Future High Street Fund.

Decision Maker: Chief Executive

Decision published: 20/11/2019

Effective from: 15/11/2019

Decision:

To instruct Inner Circle as the consultants to prepare our Business Case for the Stage 2 bid of Future High Streets Fund.

Lead officer: Ken Miles


04/11/2019 - The Development of Disabled Facilities Grants and other NDC Services to Secure Disabled Adaptations and Improvements in Residential Property ref: 370    For Determination

Decision Maker: Strategy and Resources Committee

Made at meeting: 04/11/2019 - Strategy and Resources Committee

Decision published: 14/11/2019

Effective from: 04/11/2019

Decision:

The Committee considered a report by the Head of Environmental Health and Housing (circulated previously) regarding the development of Disabled Facilities Grants (DFGs) and other Council services to secure disabled adaptations and improvements in residential property.

 

The Head of Environmental Health and Housing highlighted the following:

 

·         The Government had increased the funding for DFGs this year via the Better Care Fund, and the Council had further benefited from a reallocation of uncommitted funds from other local authorities in Devon and would enable the Council to provide more services to secure disabled adaptations and improvements in residential property

·         There was a need to communicate widely the availability of funding.

·         A programme would be in place to train staff and partners to ensure that people who would benefit from adaptations have access to the funding.

·         The Council was working with 361 Energy regarding promotion of the scheme.

 

Councillor Walker addressed the Committee as a service user who had received a Disabled Facilities Grant.  She advised the Committee of the lengthy delays in the process as the DFG system was reliant upon Devon County Council Occupational Therapy.

 

In response the Head of Environmental Health advised that he would speak with Devon County Council regarding the time delay for Occupational Therapy assessments and would advise the Committee of the outcomes via email.

 

RESOLVED that the Devonwide DFG/Home improvement grant assistance policy as set out in Appendix 1 be adopted.

 

Lead officer: Jeremy Mann


04/11/2019 - Position Statement on the Council's Provision of Temporary Accommodation for Homeless Households ref: 369    For Determination

Decision Maker: Strategy and Resources Committee

Made at meeting: 04/11/2019 - Strategy and Resources Committee

Decision published: 14/11/2019

Effective from: 04/11/2019

Decision:

The Committee considered a report by the Head of Environmental Health and Housing Service (circulated previously) regarding a position statement on the Council’s provision of temporary accommodation for homeless households.

 

The Committee received a presentation by the Service Lead Housing Advice and Homelessness regarding the provision of temporary accommodation for homeless households.  She outlined the background and reasons for the programme; challenges for the Environmental Health and Housing and Estates teams; type of properties procured; location of properties; renovation work required; current stock of accommodation and the properties in the process of being procured; the financial, physical and emotional benefits achieved; future projects; project team; feedback received from clients.

 

The Head of Resources advised that an additional £30k savings had been achieved this year, which results in a total of £180k annual savings, compared to spending level of 2017/18 year.

 

The Chief Executive advised that other Local Authorities were looking at the Council’s approach to providing a good service to customers requiring temporary accommodation.

 

In response to questions, the Service Lead Housing Advice and Homelessness advised that in the last month Bed and Breakfast accommodation had only been used for four nights.  The average length of stay in temporary accommodation was between two to three months.  Officers worked with the clients to support their move to private accommodation.

 

RESOLVED:

 

(a)

That it be noted that the Temporary Accommodation Programme had performed well against the original objectives of better addressing the needs of the community and saving money;

 

(b)

That the Temporary Accommodation Programme team be thanked for their work on the programme.

 

Lead officer: Jeremy Mann


04/11/2019 - Exclusion of Public and Press and Restriction of Documents ref: 372    Recommendations Approved

Decision Maker: Strategy and Resources Committee

Made at meeting: 04/11/2019 - Strategy and Resources Committee

Decision published: 14/11/2019

Effective from: 04/11/2019

Decision:

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 item as it involved the likely disclosure of exempt information as defined by Paragraph 3 of Part 1 of Schedule 12A of the Act (as amended from time to time), namely information relating to the financial or business affair 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”.

 


04/11/2019 - Seven Brethren - Securing a Delivery Partner ref: 373    For Determination

Decision Maker: Strategy and Resources Committee

Made at meeting: 04/11/2019 - Strategy and Resources Committee

Decision published: 14/11/2019

Effective from: 04/11/2019

Lead officer: SarahJane Mackenzie-Shapland


04/11/2019 - Approval and Release of Section 106 Public Open Space Funds - Heanton Punchardon and South Molton ref: 371    For Determination

Decision Maker: Strategy and Resources Committee

Made at meeting: 04/11/2019 - Strategy and Resources Committee

Decision published: 14/11/2019

Effective from: 04/11/2019

Decision:

The Committee considered a report by the Project, Procurement and Open Space Officer (circulated previously) regarding the allocation of Section 106 public open space funds towards three projects, one in Heanton Punchardon and two in South Molton.

 

RESOLVED:

 

(a)

That funding be allocated as follows:

 

 

(i)

£12,000 towards creation of a footpath and ancillary facilities at the BMX track site (NDC project);

 

 

(ii)

£14,178 to South Molton Rugby Club towards ball catch netting and storage container;

 

 

(iii)

£94,784.83 to South Molton Football Club towards purchase of land for the relocation of the club;

 

RECOMMENDED:

 

(b)

that Council vary the Capital Programme by £120,962.83 and that funds be released, subject to a Funding Agreement upon such terms and conditions as may be agreed by the Senior Solicitor, for external projects.

 

Lead officer: Lucy Wheeler


04/11/2019 - Performance and Financial Management Quarter 2 of 2019/20 ref: 365    For Determination

Decision Maker: Strategy and Resources Committee

Made at meeting: 04/11/2019 - Strategy and Resources Committee

Decision published: 14/11/2019

Effective from: 04/11/2019

Decision:

The Committee considered a report by the Head of Resources (circulated previously) regarding the Performance and Financial Management for Quarter 2 of 2019/20.

 

The Accountancy Services Manager highlighted the following:

 

·         As at 30 September 2019, the latest forecast net budget was £12.605m, which produced a budget deficit of £0.087m.  The deficit for Quarter 1 was £0.028m.  Work would be undertaken towards reducing this throughout Quarter 3 and Quarter 4.  The measures detailed in paragraph 4.1.5 of the report were already factored in to the £0.087m deficit.  Details of all variances were shown in “Appendix A – Variations in the Revenue Budget”.

·         Operational Services have seen increasing pressure in Quarter 2 on various budgets due to increased levels of missed collections and higher levels of sickness absence.  Employee costs were currently forecast to exceed the budget by £0.229m, the main reasons contributing to this overspend were increased use of agency and overtime to cover the inefficiencies above.

·         The Head of Operational Services had outlined plans to address some of these issues by:

o   Introducing changes to the workshop to reduce vehicles off the road – The working hours of the vehicle workshop had been extended as part of a trial to increase vehicle availability and to reduce overtime both in the workshop and on the collection crews. The number of technicians had also been increased from 5 to 6 as part of the trial. Previously the workshop had been operating between 6am and 5pm with one technician in at 6am. The workshop was now operating between 6am and 6pm with two technicians in from 6am to 2pm, two from 8am to 4pm, and two from 10am to 6pm. Productivity would be closely monitored to establish the level of repairs/maintenance that were undertaken between 6am and 7am and 3pm & 6pm (the vehicles need to be available to the collection staff between 7am and 3pm). The intention was to complete more work outside of core hours and to minimise reduced vehicle availability from breakdowns and maintenance. This in turn would reduce/remove the need for collection crews to work beyond 3pm or on a Saturday to “catch up” due to the lack of vehicle availability.

o   Challenging the resource allocation across all Works and Recycling manual sections had identified that the street cleansing team could be reduced by 2 (over the winter months) and they will now be redeployed to assist with cover on the refuse and recycling services which in turn will see a positive reduction in the number of agency staff used for cover. In addition, an analysis of winter tonnages had been undertaken for the green collection service. Resource requirements have been challenged across the 10 day collection cycle and crew sizes have been reduced accordingly (in consultation with the staff).  This created a pool of staff that would now be redeployed to cover holiday and sickness across black and recycling services which would produce a positive reduction in agency support. Weekly usage of agency and overtime would now be tracked against the revised projections.

o   The average number of days lost to sickness in Works and Recycling was currently 16.3 days per person compared to 11.1 days per person in 2018/19. The budget included an average of 10 days per person so the increased level of 16.3 was placing an adverse pressure on the budget which was being addressed by Officers of Works and Recycling working closely together with Human Resources to reduce current levels by reviewing each individual case, referring staff to Occupational Health for up to date medical advice on staff capability. All sickness absence reviews would be updated, staff targets would be set and monitored and the Capability Policy would be used to reduce absence levels.

·         The sale of recyclable materials was an uncontrollable variable where there had been a recent decline in the income, in particular cardboard and paper, current projections show an income deficit of £0.090m.

·         The Shared Savings Scheme income was the Council’s 50% contribution from Devon County Council savings from the reduction in residual waste collected. The £0.028m additional income was the estimate based on current activity and estimated savings per tonne.

·         There had been a reduction in the forecast planning fee income of £0.190m due to a reduction in the larger applications received, this was in line with other authorities experiencing the same pressure. A further decline in large applications could worsen this projection.

·         At 30th September 2019, it had been assumed that £0.200m increase to the business rates growth already factored into the budget, the growth was now estimated at £1.702m, this estimate is based on the update received from the Devon-wide Pool.

·         “Appendix B – Movement in reserves and Balances” detailed the movements to and from earmarked reserves in 2019/20.

·         Full details of the Strategic Contingency Reserve movements and commitments were detailed in “Appendix C – Strategic Contingency Reserve”.

·         The 2019/20 to 2021/22 Capital Programme was detailed in “Appendix D – Capital Programme”.

·         A capital funding bid for a further £0.030m was submitted to the Project Appraisal Group (PAG) in relation to Refurbishment of Lower Lyndale Public Toilets, Lynmouth. The project was to be funded from the repairs fund. This project had been scored medium to high and had been put forward by the Project Appraisal Group.

·         Variations to the 2019/20 Capital Programme as detailed in paragraph 4.4.4 of the report.

·         The revised Capital Programme for 2019/20 taking into account the budget variations was £9.012m.

·         Actual spend on the 2019/20 Capital Programme, as at 30 September 2019 was £2.408m. A number of the larger schemes were due to start shortly.

·         The overall Capital Programme for 2019/20 to 2021/22 was £30.471m.

·         The Programme of £30.471m was funded by Capital Receipts / Borrowing (£14.056m), External Grants and Contributions (£14.010m) and Reserves (£2.405m).

·         Release of Funds from the 2019/20 Capital Programme as detailed in paragraph 4.4.12 of the report.

·         Treasury Management, Debt Management and General Debtors as detailed in paragraphs 4.5 – 4.7 of the report.

·         Performance indicators as detailed in Appendix E.

 

In response to questions, the Head of Operational Services highlighted the following:

 

·         The service changes to Black and Green waste collection rounds due to the opening of the Transfer Station and in-vessel composter had resulted in an increase in the number of missed collections and employees having to work outside of normal working hours.

·         Changes had been made to the operational hours of the vehicle workshop to reduce vehicles off the road which had been implemented four weeks ago.

·          The sickness levels of employees was higher than expected and higher than the previous two years.  Work was being undertaken with Human Resources.

·         The two fires that had occurred in the processing hall had resulted in an additional cost of £32k due to the impact on collections and collection crews being required to work outside normal working hours, transportation of plastics by haulage, replacement of the flooring, external contractor being used to process recyclable materials and replacement of the bucket on the telehandler.

·         Following the implementation of the changes to date, the number of missed collections reported had started to reduce, this may be coincidence, however more data and monitoring will be undertaken to identify the impact of the changes.  The information gained from the system review of the service was starting to be used on a daily basis to challenge costs and improve performance.  The review also identified that alternative provision of vehicles such as contract hire should be investigated.

·         Occupational Health only identified root causes for sickness absence.

·         Food waste was sent to a digester and disposed of.  The cost of which was paid by Devon County Council.  If it was not sent to a digester it would be sent to the transfer station or landfill.  The Council benefitted from the shared savings scheme.

·         The Trade Waste recycling service was priced lower to encourage businesses to recycle.

·         The number of missed collections reported for Assisted Collections was very low.  The highest number reported was 7. 

·         The number of missed collections was now being reviewed on a daily basis to identify changes needed within the system to ensure that going forward, the missed collection was not repeated.

 

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

 

·         The budget for 2020/21 would include a reduction in the forecast for planning fee income. 

·         In relation to the current overspend in Operational Services, all areas within the Council’s control would be reviewed such as sickness levels and vehicle maintenance. 

·         There was a need to ensure that the appropriate control measures were in place to ensure that costs were reduced and that a realistic base budget for 2020/21 could be set.  This was monitored on a monthly basis by the Senior Management Team.

·         There was a need to ensure that the core business for Waste and Recycling was stabilised and that all outstanding income was recovered.  Rounds needed to be optimised and the trade waste service to be commercially viable.  The Trade Waste service also included a recycling service. This service would be reviewed following the completion of the review of the missed collections.

·         It was anticipated that there would be a reduction in the claims for overtime from October compared to September due to change of hours for the vehicle workshop and redirection of the street cleansing team to assist with cover on the refuse and recycling services.

·         The Vanguard review of the service looked at efficiencies within the service from a customer perspective.

·         Consideration of rolling out the three weekly collection service had been delayed by a few months to ensure that the reasons for the current level of missed collections had been addressed.

·         New claims for housing benefits had now transferred to Universal Credit.  However, the majority of current claimants remained with the Council at present.  There was cross team working across the Revenues and Benefits teams which had resulted in the reduction in the number of days taken to process Housing Benefit and Council Tax support claims.

 

In response to questions, the Chief Executive advised the Committee that the principle of the Vanguard review approach was to ensure good customer service and that once that principle had been resolved it would produce financial savings as a result.  The number of missed collections had impacted on the Council’s financial position.  The core service needed to be resilient prior to consideration being given to the roll out of the three weekly collection service.  Vanguard was a consultant company that had been used to provide training to a number of our staff and to commence the systems review for missed collections.  This review was now being undertaken by our employees.

 

RESOLVED:

 

(a)

 

That the actions being taken to ensure that performance is at the desired level be noted;

 

(b)

That the contributions to/from earmarked reserves be approved as detailed in paragraph 4.2 of the report;

 

(c)

That the movements on the Strategic Contingency Reserve as detailed in paragraph 4.3 be noted;

 

(d)

That funds be released for the capital schemes listed in paragraph 4.4.11;

 

(e)

That the sections dealing with Treasury Management (paragraph 4.5), and Debt Management (paragraphs 4.6 and 4.7) be noted.

 

RECOMMENDED:

 

(f)

That the variations to the Capital Programme 2019/20 to 2021/22 as detailed in paragraph 4.4.4 be approved.

 

Lead officer: Jon Triggs


04/11/2019 - Treasury Management Strategy Statement and Annual Investment Strategy Mid Year Review Report 2019/20 ref: 366    For Determination

Decision Maker: Strategy and Resources Committee

Made at meeting: 04/11/2019 - Strategy and Resources Committee

Decision published: 14/11/2019

Effective from: 04/11/2019

Decision:

The Committee considered a report by the Chief Financial Officer (circulated previously) regarding the Treasury Management Strategy Statement and Annual Investment Strategy Mid Year Review Report for 2019/20.

 

The Head of Resources highlighted the following:

 

·         The Council was required to receive and approve three reports each year which included: Prudential and treasury indicators and treasury strategy (first report), Mid Year Treasury Management report (second report) and an Annual Treasury report (third report).

·         The Council’s investment priorities were security of funds first, portfolio liquidity second and then yield (return).

·         The Treasury Management Strategy Statement for 2019/20 was approved by Council on 25th February 2019.  The Revised Prudential Indicator for the Capital Financing Requirement 2019/20 had been reduced to £5.4m.  The authorised borrowing limit had increased following the approval of the Leisure Centre project.

·         The table containing revised estimates for capital expenditure and the changes since the capital programme was agreed at the budget followed on from the Performance and Financial Management report for quarter 2 on the agenda. 

·         The total Capital Financing Requirement, underlying need to borrow, had reduced to £5.4m.  The current level of external borrowing of £1.25m would be retained.  Market interest rates would be kept under review.

·         There were no difficulties envisaged for the current or future years in complying with the prudential indicator.

·         The Council’s budgeted investment return for 2019/20 was £70,000. As at 30thSeptember 2019 £62,203 investment interest was earned in the half-year period.

·         During October 2019, HM Treasury announced, with immediate effect, that it was increasing the margin that applies to new loans from the Public Works Loan Board (PWLB) by 1% on top of usual lending terms. This was in part due to some local authorities substantially increasing their use of the PWLB in recent months, as the cost of borrowing had fallen to record lows.  This had an impact slowing down the levels of borrowing by Local Authorities.

·         Economics and interest rates as detailed in Appendix A.

 

RECOMMENDED:

 

(a)

That the changes to the prudential indicators be approved;

 

(b)

That the report and the treasury activity be noted.

 

Lead officer: Adam Tape


04/11/2019 - Lynton Agency Performance Review ref: 368    For Determination

Decision Maker: Strategy and Resources Committee

Made at meeting: 04/11/2019 - Strategy and Resources Committee

Decision published: 14/11/2019

Effective from: 04/11/2019

Decision:

The Committee considered a report by the Head of Resources (circulated previously) regarding the Lynton Agency Performance Review.

 

The Head of Resources highlighted the following:

 

·         In February 2015 North Devon Council approved the service improvement framework to objectively review services to improve the customer experience and/or value for money. A review of the Lynton and Lynmouth agency agreement was added to the review programme.

·         The review team put forward 14 recommendations to ensure moving forwards service levels were consistent with the rest of North Devon Council services areas and to also deal with the issues and risks highlighted throughout the review process. 

·         Significant progress has been made since the last report to Executive in September 2018 and this was outlined in the report from the Lynton and Lynmouth Town Clerk shown in Appendix A of the report.The only remaining review recommendation to be completed is in relation to exploring a joint way forwards to reducing public convenience costs and this action was reliant on North Devon Council carrying out a wider review of all public conveniences across the District.

·         It was proposed that the agency agreement with Lynton and Lynmouth Town Council be continued for a further period of 3 years from 1 April 2020.

·         As detailed in the report from the Lynton and Lynmouth Town Clerk  the actual financial performance for 2018/19 year had resulted in a net surplus of £60,177 (2017/18 was £57,674) which would be returned to North Devon Council.

 

RESOLVED:

 

(a)

That the annual report and that the actions being taken to ensure

that performance against the 14 review recommendations was at the desired level be noted;

 

(b)

That the agency agreement with Lynton and Lynmouth Town Council be continued with effect 1st April 2020 for a period of 3 years, with a formal review on that date.

 

Wards affected: Lynton and Lynmouth Ward;

Lead officer: Jon Triggs


04/11/2019 - Parish Grants 2020/21 ref: 367    For Determination

Decision Maker: Strategy and Resources Committee

Made at meeting: 04/11/2019 - Strategy and Resources Committee

Decision published: 14/11/2019

Effective from: 04/11/2019

Decision:

The Committee considered a report by the Head of Resources (circulated previously) regarding Parish Grants 2020/21.

 

The Head of Resources highlighted the following:

 

·         Parish grants have historically been paid to Parish and Town Councils and annually cost the North Devon Council revenue budget £69,597.

·         The Medium Term Financial Strategy 2019-2023 approved in February 2019 sought to remove the grants from 2020/21 onwards as part of measures to bridge the future year’s budget gaps that had been identified.

·         Having previously contacted other Councils in the Devon area, North Devon Council are the only one that still retained payment of a grant to Parish and Town Councils.

·         Parish and Town Councils do have the ability to raise funding (without any referendum thresholds) through their individual annual precepts.

·         The report was to gain approval in advance of formulating the detailed 2020/21 revenue budget for the removal of Parish grants in order that Parish and Town Councils can be notified prior to setting their individual budgets and precept levels.

·         For the last two financial year’s 2018/19 and 2019/20; proposals have been put forward by the Executive committee when formulating the budget to reduce and fully remove the grant funding paid to Parish and Town Councils.

·         The original proposal outlined by the Leader at the Parish Forum held 10th July 2017 was to reduce the grant by 50% for 2018/19 and fully remove the grant for 2019/20 onwards.

·         Parish and Town Councils were informed of the planned reductions at an early opportunity and notified by letter in advance of setting their individual budgets in order that they could plan accordingly for the impact.

·         Many of the Parish and Town Councils had allowed for the reduction when setting their precepts for the 2018/19 year; as they have to approve their budget levels prior to North Devon Council approving their budget and setting the Council Tax level for the forthcoming year.

·         Appendix A detailed the Parish Grants awarded during 2019/20.

·         If the Parish Grant scheme was not removed for 2020/21 then this will would increase the forecast budget gaps to £0.481m in 2020/21 to £0.746m in 2022/23 and therefore additional savings would need to be identified to bridge the future funding gaps.

·         An additional recommendation was made that “Subject to 2.1 being approved that Members as part of formulating the Revenue budget, approve an annual contribution of £20,000 for the next 3 years to an earmarked reserve in order that smaller Parishes can apply for funding for specific projects, with a strong emphasis on sustainability and countering climate change; with delegated authority given to the Head of Resources in consultation with Group Leaders and Lead Members for both the Environment and Climate Change, to approve such funding requests and appropriation of spend from the reserve”.  The budget would be considered as part of the annual budget setting process.

·         A further report would be brought to the Committee detailing the scheme and application process.  The scheme would include a definition for parish councils that would be eligible.

·         The overall Council Tax bill included the proportion of the bill that related to Parish Councils.

 

In response to a question, the Chief Executive advised that a review of Parish Councils would be undertaken following the Parliamentary Election.

 

RESOLVED:

 

(a)

That it be approved in principle to remove the Parish grants as part of formulating the Revenue budget for 2020/21 year and in line with the approved Medium Term Financial Strategy;

 

(b)

That subject to 2.1 being approved, that Parish and Town Councils be notified of the proposed change immediately in order that they can plan for and set their annual budget and precept levels;

 

(c)

Subject to 2.1 being approved that Members as part of formulating the Revenue budget, approve an annual contribution of £20,000 for the next 3 years to an earmarked reserve in order that smaller Parishes can apply for funding for specific projects, with a strong emphasis on sustainability and countering climate change; with delegated authority given to the Head of Resources in consultation with Group Leaders and Lead Members for both the Environment and Climate Change, to approve such funding requests and appropriation of spend from the reserve.

 

Wards affected: (All Wards);

Lead officer: Jon Triggs


15/11/2019 - ENF 9970: Alleged Unauthorised Development - Installation of UPVC Windows at the Smugglers Rest, Mortehoe, Woolacombe, EX34 7DR ref: 153    Recommendations Approved

N/A

Decision Maker: Head of Place

Decision published: 23/04/2019

Effective from: 15/11/2019

Decision:

To issue an enforcement notice under Section 171A (1)(a) of the Town and Country Planning Act 1990 (as amended) in respect of the installation of UPVC windows.

Lead officer: Glynne Turnbull