Decision register

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

14/03/2023 - Pannier Market Festival Organiser ref: 3422    Recommendations Approved

Decision Maker: Head of Place, Property and Regeneration

Decision published: 21/03/2023

Effective from: 14/03/2023

Decision:

Commission of a freelancer to plan, promote and deliver an exciting, engaging and costed programme of events, activities, workshops and installations to run alongside the daily markets in the newly refurbished pannier market.

Wards affected: Barnstaple Central Ward;

Lead officer: Hannah Harrington


14/03/2023 - Disabled Facilities Grant Ref: WK/202207421 ref: 3423    Recommendations Approved

Decision Maker: Chief Financial Officer

Decision published: 21/03/2023

Effective from: 14/03/2023

Decision:

Complex bathroom adaptation to include specialist W.C..

Lead officer: Nick Dabney


08/03/2023 - 76371: Land opposite 2 Traceys Cottages, Knowstone, South Molton, Devon, EX36 4RY ref: 3417    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 08/03/2023 - Planning Committee

Decision published: 16/03/2023

Effective from: 08/03/2023

Decision:

The Committee considered a report by the Planning Officer (circulated previously) in relation to planning application 76371.

 

RESOLVED that it being 1.00 pm the meeting continue in order for the remaining business to be transacted.

 

John Pomfret (Parish Council representative), Richard Vos (supporter), Rachael Westacott (representing the applicant) and John Clarke (agent) addressed the Committee.

 

The Senior Corporate and Community Services Officer read a statement received from Kenneth Dykes (supporter) to the Committee.

 

In response to questions from the Committee, the Service Manager (Development Management) advised the following:

 

·       The blue line on the plan indicated the site.  It was not certain whether the applicant had explored alternative locations further north of the site.

·       The Planning Officer considered the application to be contrary to policy DM24 and was adjoining or well related to the built form of Knowstone.

·       Her view was that it was located in the countryside and did not represent a form of sustainable development.  In relation to the social element, the applicant had addressed this as part of her presentation to the Committee. In relation to the economic element, this was a short term gain. In relation to the environmental element, there was significant harm as it was a greenfield site for the provision of one dwelling. The site was located 400 metres away from Knowstone.

 

Councillor Ley (in his capacity as Ward Member) addressed the Committee.

 

RESOLVED (unanimous) that the application be APPROVED as the Committee considered that paragraph 78 of the National Planning Policy Framework which stated that “in rural areas, planning policies and decisions should be responsive to local circumstances and support housing developments that reflect local needs…” was a material consideration.

Wards affected: Bishops Nympton Ward;


08/03/2023 - 76307: United Services Bowling Club, Pottington Road, Barnstaple, Devon, EX31 1JH ref: 3416    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 08/03/2023 - Planning Committee

Decision published: 16/03/2023

Effective from: 08/03/2023

Decision:

The Committee considered a report by the Planning Officer (circulated previously) in relation to planning application 76307.

 

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

Wards affected: Barnstaple with Pilton Ward;


08/03/2023 - 75993: Land adjacent to Roundswell A39 Roundabout, Roundswell, Barnstaple Devon EX31 3RZ ref: 3415    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 08/03/2023 - Planning Committee

Decision published: 16/03/2023

Effective from: 08/03/2023

Decision:

The Committee considered a report by Service Manager (Development Management) (circulated previously) in relation to planning application 75993.

 

Councillor Yabsley declared an other registerable interest as the Chair of the North Devon Highways and Traffic Orders Committee.

 

Councillor Leaver declared an other registerable interest as the Vice-Chair of the North Devon Highways and Traffic Orders Committee.

 

Councillor D. Spear declared an other registerable interest as a member of the North Devon Highways and Traffic Orders Committee.

 

RESOLVED (unanimous) that the application be APPROVED as recommended by the Service Manager (Development Management).

 

 

 

Wards affected: Roundswell Ward;


08/03/2023 - 75731: Wesley House North Street South Molton Devon EX36 3AW ref: 3414    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 08/03/2023 - Planning Committee

Decision published: 16/03/2023

Effective from: 08/03/2023

Decision:

The Committee considered a report by Senior Planning Officer (DB) (circulated previously) in relation to planning application 75731.

 

The Senior Planning Officer (DB) advised the Committee of two proposed additional conditions to be included as part of the recommendation:

 

·       The requirement for the submission of a construction method statement to deal with waste and vehicle management during the demolition of the dwelling.

·       To ensure where possible that existing materials are re-used.

 

Peter Jones (objector), Reverend Stuart Innalls (supporter), Martin Hickman (supporter), Paul Bailey (supporter), Marc Cornelius (supporter), Derek Summers (applicant) and Daniel Gill (agent) addressed the Committee.


The Senior Corporate and Community Services Officer read a statement received from Alison Verney (supporter) to the Committee.

 

Councillor Henderson (Ward Member) addressed the Committee.

 

Councillor Worden (Ward Member) addressed the Committee.  Councillor Worden declared a non registerable interest as he attended the Methodist Church which was located adjacent to the site.

 

In response to questions raised, the Service Manager (Development Management) advised the following:

 

·       The Conservation Officer had been consulted and advised that it was a non-designated heritage asset which did not meet the requirements of a significant heritage asset.

·       It was recommended that materials be re-used as appropriate. This would include slate and any materials that were not porous. Any materials that could be re-used would be conditioned.  Samples of all materials would also be requested and the Conservation Officer would be consulted on the re-use of material.

·       The provision of two maisonettes and office accommodation provided a wider public benefit which outweighed the demolition of Wesley House.

 

RESOLVED (unanimous) that the application be APPROVED as recommended by the Senior Planning Officer subject to the inclusion of two additional conditions in relation to:

 

a.    The requirement for the submission of a construction method statement to deal with waste and vehicle management during the demolition of the dwelling.

b.    To ensure where possible that existing materials were re-used.

 

Councillor Chesters left the meeting.

Wards affected: South Molton Ward;


08/03/2023 - 73784: Land at Glebeland Villas Bishops Nympton South Molton Devon EX36 4PT ref: 3420    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 08/03/2023 - Planning Committee

Decision published: 16/03/2023

Effective from: 08/03/2023

Decision:

The Committee considered a report by the Lead Planning Officer (Major applications) (circulated previously) in relation to planning application 73784.

 

The Lead Planning Officer (Major Applications) advised the following:

 

·       There were no additional representations received following the close of re-consultation.

·       Since the publication of the agenda, a late consultation response had been received from Bishops Nympton Parish Council dated 28 February 2023, which she read to the Committee.

·       There had been no other new matters raised as a result of the late consultations received.

·       The Property Manager from North Devon Council and the Highways Officer from Devon County Council was present at the Committee meeting to answer any questions.

·       There was no longer a requirement to seek a Section 106 agreement and therefore it was recommended that this reference be deleted from the recommendation on page 43 of the report.

 

Catherine Gaze (objector), Bill Mallinson (objector), Frances Evans (objector), Joy Padworth (objector), Charles Bradfield (objector), Amanda Sing (objector), Ian Cowling (Parish Council representative) and Matthew Steart (agent) addressed the Committee.

 

In response to questions from the Committee, the Lead Planning Officer (Major applications) advised the following:

 

·       That the proposed scheme would provide four additional car parking spaces.

·       The garages were originally built for vehicle parking and to serve the Glebeland Villas development.

·       Over a period of time due to the sale of the housing stock there had been a segregation of land ownership.

·       The garages were now unsafe for use, however they had been previously available for use and rental by the tenants.  Over time this arrangement had ended.

·       The occupiers of the majority of properties were tenants of North Devon Homes.

·       The 17 spaces proposed were for general parking for residents and would not be allocated to properties.

·       A further two spaces were proposed to be provided for short stay drop offs for carers and deliveries for a period of 15 minutes. As it was a privately owned road, North Devon Homes would be responsible for enforcement of the short stay spaces.  A longer period could be provided for short stay which could be controlled by a condition.

·       There were currently 17 garages which were not available to use as they were unsafe and there were 13 spaces available in front of the garages for parking which had been utilised, however there was no formal agreement in place.

·       The proposed development would create 15 new spaces and a further two spaces in a layby for short term parking.

·       There was currently the ability to park on street at the lower section of the site, which was an area of 41 meters and accommodated 6.8 vehicles i.e. six vehicles. Due to the width of the road, vehicles could not park either side of the road as it would cause an obstruction.

·       North Devon Homes had advised that they would secure the two dwellings as affordable dwellings in a development agreement with North Devon Council outside of the planning system using their own mechanisms.

 

The Highways Officer (PY), Devon County Council addressed the Committee and advised the following:

 

·       There was a finer geometric layout at Glebeland Villas.

·       It was not a public highway maintained by Devon County Council and was maintained by North Devon Homes.

·       If vehicles were prohibited from turning, then this was a civil matter for North Devon Homes and affected parties.

·       There was a need for a tracking arrangement to be carried out to check whether vehicles could turn, which he did not believe had been carried out. This could be required at a later stage.

 

The Property Manager of North Devon Council addressed the Committee and advised the following:

 

·       The sale of housing stock was part of the LSVT transfer of assets which took place in 2000 where many sites were transferred over to North Devon Homes.

·       Many sites were retained by the Council for specific purposes such as the garages which were let to residents in the short term. The garages had become unsafe due to asbestos and some had been damaged as a result of a vehicle driving into some.

 

In response to questions, the Highways Officer (PY), Devon County Council advised the following:

 

·       He considered that the parking assessment for this development was the most complicated he had seen for some years in terms of reality and theoretical assessments. 

·       A number of assumptions had been made.  Many years ago the removal of the existing garages would be seen as a loss.  Consideration also had to be given to what the reaction would be for the replacement of the garages with modern sized garages. The existing garages were below standard and undersized and had not been used for many years. Was that justification to remove the garages.

·       The Highways Authority view was that the garages were derelict and out of commission. If the garages had been allocated to a property, then the occupiers of that property could park in front of their garage.  There was a loss of parking, which had been replaced with additional parking.  The traffic generation from the two proposed dwellings was not a significantly material consideration to recommend the refusal of this application and would not have an impact of any difficulties currently experienced in relation to turning of vehicles.  This proposal provided formal parking spaces.  The existing garages due to the size were probably used for garden equipment storage, motorcycles, tools etc, but were not used for cars.

 

In response to a question from the Committee, the Solicitor and Data Protection Officer advised the following:

 

·       It is a difficult point to answer without knowing the specific details however, there were no “squatters rights” for the occupation of land in front of the existing garages for parking for over a 20 year period as how the spaces had been occupied and by whom over that period could not be ascertained. It was likely that the parking spaces had been occupied by a number of different people over the years and that there had been an interrupted period of use. There would have been a fluid use which would have also included visitors and deliveries.

 

In response to a question from the Committee, the Property Manager advised the following:

 

·       That following approval of the application, the next stage would be agree with North Devon Homes a way forward in conjunction with Bishops Nympton Parish Council following the comments raised by the  Parish Council.   A separate report would also need to be presented to the Strategy and Resources Committee regarding the development agreement.

 

In response to questions from the Committee, the Service Manager (Development Management) advised the following:

 

·       There was not currently a good arrangement in place for the turning of vehicles, as witnessed as the site inspection with the reversing of a food delivery vehicle.

·       Informal parking currently took place on site.  The land was owned by North Devon Council and this informal parking could be removed at anytime.

·       Parking would also be provided for the two new proposed dwellings.

·       She considered that it would be a planning betterment as more parking spaces would be provided as part of a formal arrangement and two additional short stay spaces would be provided.

 

Councillor Yabsley declared an other registerable interest as a Member of Devon County Council.

 

RESOLVED (unanimous) that the application be REFUSED for the following reason:

 

(a)  The Council do not consider the development to be good place making and contrary to policies DM04 and DM01 “amenity design principles” and paragraph 130 (f) of the National Planning Framework “place making”; and an informative be placed on the decision notice advising the following:

 

(i)    That the Council look corporately at the issue and work together with Bishops Nympton Parish Council and North Devon Homes prior to the submission of a further planning application.

Wards affected: Bishops Nympton Ward;


08/03/2023 - To approve as a correct record the minutes of the meetings held on 8th February 2023 (attached) and 3rd March 2023 (attached) ref: 3413    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 08/03/2023 - Planning Committee

Decision published: 16/03/2023

Effective from: 08/03/2023

Decision:

RESOLVED that the minutes of the meetings held on 8 February 2023 and 3 March 2023 (circulated previously) be approved as correct records and signed by the Chair.


07/03/2023 - Disabled Facilities Grant Ref: WK/202206363 ref: 3418    Recommendations Approved

Decision Maker: Chief Financial Officer

Decision published: 14/03/2023

Effective from: 07/03/2023

Decision:

External Ramped Access
I can confirm that, despite non-compliance with the requirement to seek at least three quotes, the award of this contract to the above supplier will be best value for the Council for the following reason(s):
Living Needs was the only quotation received from 6 invitations


Lead officer: Nick Dabney


10/03/2023 - Grave Digging Services ref: 3421    Recommendations Approved

Decision Maker: Head of Environmental Enhancement

Decision published: 14/03/2023

Effective from: 10/03/2023

Decision:

North Devon Council is seeking a contractor for a three year fixed term contract (with the option of a 1 year extension) to carry out grave digging operations prior to burials at both cemeteries. The contract will also be required to back fill the graves immediately after the burial has taken place.
The contract opportunity was advertised on the Procurement Portal and at least 3 contractors were encouraged to submit tenders. Only one tender was received:
Chris Tucker Grave Digging Services

Wards affected: (All Wards);

Lead officer: Mike Jones, Mark Kentell


07/03/2023 - Disabled Facilities Grant Ref: WK/202204272 ref: 3412    Recommendations Approved

Decision Maker: Chief Financial Officer

Decision published: 09/03/2023

Effective from: 07/03/2023

Decision:

The proposed contract for the above will be between £5,000 and £74,999.99.

With this RFW I include a copy of the specification or brief which has been prepared for this contract and which details the goods, services and/or works which will be provided.

Specification Attached (and provide a brief description of the contract below):
External ramped access for wheelchair user.


Lead officer: Nick Dabney


07/03/2023 - Disabled Facilities Grant Ref: WK/202203521 ref: 3411    Recommendations Approved

Decision Maker: Chief Financial Officer

Decision published: 08/03/2023

Effective from: 07/03/2023

Decision:

The proposed contract for the above will be between £5,000 and £74,999.99.

With this RFW I include a copy of the specification or brief which has been prepared for this contract and which details the goods, services and/or works which will be provided.

Specification Attached (and provide a brief description of the contract below):
En-suite to Bedroom and external ramped access

I can also confirm that the contract terms which will be used for this contract will be the Council’s standard terms and conditions for goods and services or (where relevant) works or, where this is not the case, I have sought the approval of Legal Services to the alternative terms and conditions that I propose to use for this contract.

In accordance with the Council’s Contract Procedures Rules, three alternative quotes should be obtained and the lowest quotation should be accepted.

Lead officer: Nick Dabney


22/02/2023 - Constitution Update to Part 3 Annexe 2 and Part 4 Contract Procedure Rules ref: 3404    Recommendations Approved

Decision Maker: Council

Made at meeting: 22/02/2023 - Council

Decision published: 07/03/2023

Effective from: 22/02/2023

Decision:

Council considered a report by the Senior Solicitor and Monitoring Officer (circulated previously) regarding the Constitution Update to Part 3 Annexe 2 and Part 4 Contract Procedure Rules.

 

In response to questions, the Chief Executive advised the following:

 

·       Part 3 Annexe 2 paragraph 4.12 – a local agreement was already in place and had been for a number of years for honorarium payments to be made to officers acting up over and above their normal duties.  The policy was set as a maximum of £500.  There was no specific budget for honorarium payments and was included within the overall service areas employee budget.  This was an amendment to ensure that constitution was up to date to reflect this.

·       Part 3 Annexe 2 paragraph 5.12 - it was understood that hackney carriage or private hire drivers had the right to appeal against revocation of licences, however further clarification would be sought.

 

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

 

RESOLVED that the proposed amendments to Parts 3 and 4 of the Constitution as annexed to this report be approved.


22/02/2023 - Strategy and Resources Committee ref: 3396    Recommendations Approved

Decision Maker: Council

Made at meeting: 22/02/2023 - Council

Decision published: 07/03/2023

Effective from: 22/02/2023

Decision:

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

 

(i)             9 January 2023

(ii)            6 February 2023

a.    Minute 94: Council Tax Discounts

b.    Minute 103 (b): Approval and Use of S106 Public Open Space Funds - Berrynarbor

 


22/02/2023 - Policy Development Committee ref: 3395    Recommendations Approved

Decision Maker: Council

Made at meeting: 22/02/2023 - Council

Decision published: 07/03/2023

Effective from: 22/02/2023

Decision:

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

 

(i)             8 December 2022

(ii)            5 January 2023

(iii)          9 February 2023

 


22/02/2023 - Planning Committee ref: 3394    Recommendations Approved

Decision Maker: Council

Made at meeting: 22/02/2023 - Council

Decision published: 07/03/2023

Effective from: 22/02/2023

Decision:

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

 

(i)             11 January 2023

 


22/02/2023 - Governance Committee ref: 3393    Recommendations Approved

Decision Maker: Council

Made at meeting: 22/02/2023 - Council

Decision published: 07/03/2023

Effective from: 22/02/2023

Decision:

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

 

(i)             10 January 2023


22/02/2023 - Council Tax Resolutions 2023/24 ref: 3402    Recommendations Approved

Decision Maker: Council

Made at meeting: 22/02/2023 - Council

Decision published: 07/03/2023

Effective from: 22/02/2023

Decision:

Council considered a report by the Director of Resources and Deputy Chief Executive (circulated previously) regarding the Council Tax Resolutions for 2023/24.

 

The Director of Resources and Deputy Chief Executive highlighted the following:

 

·       Devon County Council at its meeting on 16 February 2023 had approved a Council Tax increase of 4.99%, which was in line with the report.

·       Devon and Somerset Fire and Rescue Authority at its meeting on 15 February 2023 had approved a Council Tax increase of £5, which was in line with the report.

 

It was moved by Councillor Worden and seconded by Councillor Tucker “that the formal Council Tax Resolutions for 2023/24 as set out in Appendix A of the report be approved.”

 

Council noted that in accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 which came into force on 25 February 2014 and the Constitution, Council was required to take a recorded vote when setting its budget and Council Tax.

 

Voting on the motion:

 

Voting for the motion: Councillors Biederman, Bushell, Campbell, Cann, Davies, Henderson, Hunt, Knight, Leaver, Ley, Lofthouse, Lovering, Mack, Mackie, Orange, Patrinos, Prowse, Roome, D. Spear, L. Spear, Tucker, Walker, Worden, Yabsley and York.

 

Voting against the motion: Councillor Lane

 

Abstained from voting: None

 

Totals: 25 For, 1 Against and 0 abstained.

 

The motion was therefore carried.

 

RESOLVED that the formal Council Tax Resolutions for 2023/24 as set out in Appendix A of the report be approved.

 

 


22/02/2023 - Report of meeting of the Strategy and Resources Committee ref: 3401    Recommendations Approved

Decision Maker: Council

Made at meeting: 22/02/2023 - Council

Decision published: 07/03/2023

Effective from: 22/02/2023

Decision:

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the 10 Year Capital Strategy 2023-2033 (circulated previously).

 

It was moved by Councillor Tucker and seconded by Councillor Roome “that minute 101 of the Strategy and Resources Committee held on 6 February 2023 regarding the 10 Year Capital Strategy 2023-2033 be adopted.”

 

RESOLVED that minute 101 of the Strategy and Resources Committee held on 6 February 2023 regarding the 10 Year Capital Strategy 2023-2033 be adopted.


22/02/2023 - Report of meeting of the Strategy and Resources Committee ref: 3400    Recommendations Approved

Decision Maker: Council

Made at meeting: 22/02/2023 - Council

Decision published: 07/03/2023

Effective from: 22/02/2023

Decision:

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the Treasury Management Strategy Statement 2023/24 (circulated previously).

 

It was moved by Councillor Patrinos and seconded by Councillor Lofthouse “that minute 100 of the Strategy and Resources Committee held on 6 February 2023 regarding the Treasury Management Strategy Statement 2023/24 be adopted”.

 

RESOLVED that minute 100 of the Strategy and Resources Committee held on 6 February 2023 regarding the Treasury Management Strategy Statement 2023/24 be adopted.


22/02/2023 - Report of meeting of the Strategy and Resources Committee ref: 3399    Recommendations Approved

Decision Maker: Council

Made at meeting: 22/02/2023 - Council

Decision published: 07/03/2023

Effective from: 22/02/2023

Decision:

Councillor Worden, Chair of the Strategy and Resources Committee reported the Committee’s recommendations on the Revenue Budget 2023-24, Capital Programme and Medium Term Financial Strategy 2023-24 to 2028-29 (circulated previously).

 

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

 

·       The potential additional income from the extra Council Tax on Second Homes increase in 2024/25 would as currently be split up proportionally between major preceptors. There was opportunity for early discussions with Devon County Council via the Chief Executive and the Leader as part of the wider Team Devon group regarding the re-investment of this overall additional income to help with the housing crisis.

·       The 2022/23 Green Lanes budget was based on the original gross rental projections less capital costs and asset management fees. The net return was budgeted at £345,000 which helped to fund other projects and also included £75,000 for corporate property income reserve and £100,000 for the Economic Regeneration reserve for wider projects.  For 2023/24, the projected net return would be slightly higher as it would include the car park charges increase and it was estimated that it would be nearer a net return of £400,000.

·       The New Homes Bonus was previously a multi-year scheme and it was previously announced that it would decrease.  Changes to the scheme had reduced it from 6 to 4 years and the legacy payments had now been removed. Only a 1 year settlement was now received at a much lower amount.  For 2023/24, the Council would receive £448,000, which was around £1 million less than was received for 2022/23.  All Councils had seen a decline in New Homes Bonus funding. A new 3% funding guarantee had been introduced in 2023/24 to ensure Council’s overall funding levels were not lower than the previous year 2022/23.

·       Funding to the Theatres had not been included on the strategic grant appendix for the past few years. The strategic grants were for community and voluntary organisations rather than subsidies. Funding for the theatres for 2023/24 was budgeted at £145,000 which included inflationary increases in accordance with the contract and no additional funding had been awarded. The Capital Programme included a couple of projecst for improvements to be made and discussions were being held with Selladoor regarding the properties.

·       The Council was required to set a balanced budget and was not allowed to budget for a surplus.

·       Following the end of the current 2022/23 financial year, the Council would review any underspends and consider how these could be utilised to cover any overspends in other areas. The strategic grants for community and voluntary organisations did not include inflation. The Council had provided financial assistance to Citizens Advice by providing accommodation at Lynton House which was one tenth of the cost of the rental that they had paid previously. The team met regularly with the community and voluntary organisations in receipt of the Strategic Grants, none of which had requested additional funding under their service level agreements. It was positive that it was not proposed to reduce the level of strategic grants.

 

Councillor Gubb left the meeting.

 

It was moved by Councillor Worden and seconded by Councillor Prowse “that the recommendation in minute 93(c) “Temporary Accommodation and Homelessness Update” and recommendations in minute 98 (f) – (i) “Revenue Budget 2023-24, Capital Programme and Medium Term Financial Strategy 2023-24 to 2028-29” of the Strategy and Resources Committee held on 6 February 2023 be adopted.”

 

Council noted that in accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 which came into force on 25 February 2014 and the Constitution, Council was required to take a recorded vote when setting its budget and Council Tax.

 

Voting on the motion:

 

Voting for the motion: Councillors Biederman, Bushell, Campbell, Cann, Davies, Henderson, Hunt, Knight, Leaver, Ley, Lofthouse, Lovering, Mack, Mackie, Orange, Patrinos, Prowse, Roome, D. Spear, L. Spear, Tucker, Worden, Yabsley and York.

 

Voting against the motion: Councillor Lane.

 

Abstained from voting on the motion: None.

 

Totals: 24 For, 1 Against and 0 Abstained.

 

NOTE: Councillor Walker was not present during the voting.

 

The motion was carried.

 

RESOLVED that the recommendation in minute 93(c) “Temporary Accommodation and Homelessness Update” and recommendations in minute 98 (f) – (i) “Revenue Budget 2023-24, Capital Programme and Medium Term Financial Strategy 2023-24 to 2028-29” of the Strategy and Resources Committee held on 6 February 2023 be adopted.”

 


22/02/2023 - Report of meeting of the Strategy and Resources Committee ref: 3398    Recommendations Approved

Decision Maker: Council

Made at meeting: 22/02/2023 - Council

Decision published: 07/03/2023

Effective from: 22/02/2023

Decision:

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee held on 6 February 2023 on the Review of Fees and Charges for Services 2023/24 (circulated previously).

 

It was moved by Councillor Worden and seconded by Councillor York “that the recommendations in the Ilfracombe Harbour Charges Review 2023-24 report, recommendation 95(b) of the Strategy and Resources Committee held on 6 February 2023 regarding the North Devon CCTV Hub Charges and recommendation 97 of the report of the Strategy and Resources Committee held on 6 February 2023 regarding the Review of Fees and Charges for Services 2023/24 be adopted.”

 

RESOLVED that the recommendations in the Ilfracombe Harbour Charges Review 2023-24 report, recommendation 95(b) of the Strategy and Resources Committee held on 6 February 2023 regarding the North Devon CCTV Hub Charges and recommendation 97 of the report of the Strategy and Resources Committee held on 6 February 2023 regarding the Review of Fees and Charges for Services 2023/24 be adopted.


22/02/2023 - Report of meeting of the Strategy and Resources Committee ref: 3397    Recommendations Approved

Decision Maker: Council

Made at meeting: 22/02/2023 - Council

Decision published: 07/03/2023

Effective from: 22/02/2023

Decision:

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee held on 6 February 2023 on the Performance and Financial Management Quarter 3 of 2022/23 report (circulated previously).

 

It was moved by Councillor Worden and seconded by Councillor Walker “that minute 96 (f) of the report of the Strategy and Resources Committee held on 6 February 2023 regarding the Performance and Financial Management Quarter 3 of 2022/23 report be adopted”.

 

RESOLVED that minute 96 (f) of the report of the Strategy and Resources Committee held on 6 February 2023 regarding the Performance and Financial Management Quarter 3 of 2022/23 report be adopted.


22/02/2023 - Local Plan Review ref: 3403    Recommendations Approved

Decision Maker: Council

Made at meeting: 22/02/2023 - Council

Decision published: 07/03/2023

Effective from: 22/02/2023

Decision:

Council considered a report by the Senior Planning Policy Officer (circulated previously) regarding the Local Plan Review.

 

The Chief Executive presented the report to Council.

 

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

 

RESOLVED:

 

(a)  That the Council move to a targeted and focused partial update to the North Devon and Torridge Local Plan, the potential scope of which is indicatively set out within Appendix F, that specifically explores opportunities to address:

(i)             specific elements of the adopted local plan that are no longer consistent with national planning policy;

(ii)            specific policy provisions in the adopted local plan that are currently considered to be ineffectively worded or would benefit from clarification;

(iii)          those areas of policy whereby the adopted local plan is currently silent; and

(iv)          policy provisions which no longer conform to the majority views of the Councils.

(b) that the approach to updating the local plan is kept under review having regard to any relevant changes to the local and national context;

(c) that the scope of the update is established, the appropriate development plan vehicle for its delivery be established and a revised Local Development Scheme (LDS) presented to a future meeting of the Joint Planning Policy Committee for consideration and approval (or through such other mechanism as to be agreed with Members); and

(d) that work commence on a partial review of the Local Plan with immediate effect but that the formal decision of the review of the Local Plan (for Plan making purposes) be deferred until resolution of the following:

(i)       the results of the current national consultation regarding change to Plan making;

(ii)       the results of the review of the 5 Year Housing Land Supply position;

(iii)      a review of our position related to the Plan period; and

(iv)          completion of the Duty to Cooperate process.

(e) that concurrently, Officers explore and pursue actions and interventions to support the positive and effective implementation of the adopted North Devon and local plan.

 

Councillor Ley left the meeting.


22/02/2023 - To consider motions of which notice has been submitted by Members in accordance with Part 4, Council Procedure Rules, Paragraph 11 of the Constitution ref: 3392    Recommendations Approved

Decision Maker: Council

Made at meeting: 22/02/2023 - Council

Decision published: 07/03/2023

Effective from: 22/02/2023

Decision:

(a)  To receive the following notice of motion from Councillor Walker

 

Councillor Walker presented her notice of motion to Council and requested that the notice of motion be amended to remove the reference to “Chief Executive”.

 

It was moved by Councillor Walker and seconded by Councillor Cann “that the notice of motion be adopted subject to the removal of the reference to “Chief Executive””.

 

RESOLVED that the Leader of the Council and other group leaders be instructed to write to the Cabinet Office to express the Council’s complete opposition about the damaging effect on democracy that mandatory Voter ID will have in UK elections and to demand that this section of the new legislation is repealed immediately.

 

(b)  To receive the following notice of motion from Councillor Worden

 

Councillor Worden presented his notice of motion to Council. He advised that since the publication of the agenda, the Local Government Finance Settlement for 2023/24 had been confirmed. On 6 February 2023, the Government had announced the actual support details and there had been a slight change.  The Rural Services Delivery grant (RSDG) in 2020/21 was £85m and he advised that it should increase to £96.27m in 2023/24 to reflect the impact of inflation. It had been announced in the Finance Settlement that it would increase to £95m, the result has provided an additional £40,000 of RSDG funding, however a corresponding reduction of the same amount within the separate Funding Guarantee grant has in effect resulted in the same level of funding for North Devon. 

 

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

 

RESOLVED that this Council:

 

1.       Agrees with the Rural Services Network that action is needed now:

(a)      The existing formula should be applied from 2023/24 - in full without damping. This does not require any new monies to be found.

(b)      There can be no justification for penalising rural authorities by continuing to deny them their full formula allocations. They have already been denied that benefit for 9 years.

(c)           If the formula is not going to be applied, then the amount necessary to do so for rural councils should be distributed via the Rural Services Delivery Grant (RSDG) mechanism and all authorities exemplified in benefiting from the 2013 formula changes should receive the relevant amount through RSDG.

(d)           Furthermore, RSDG should be uplifted in line with inflation, in the same way as the Settlement Funding Assessment (SFA).

 

2.    Agrees to ask our M.P. to lobby government for fair funding for rural councils and to write to the Chancellor supporting the RSN campaign.

 

(c)      To receive the following notice of motion from Councillor Tucker

 

Councillor Tucker presented his notice of motion to Council.

 

It was moved by Councillor Tucker and seconded by Councillor Knight “that the notice of motion be referred to the Strategy and Resources Committee for consideration and that the Committee also consider writing a letter to the Chief Executive of Devon County Council, Leader of Devon County Council, Councillor Hughes (Portfolio Holder and Lead Member for Devon County Council Highways repairs) and the MP to lobby the Minister to give Devon County Council a fair slide of funding to undertake highway repairs in North Devon and to put pressure on Devon County Council to start the repairs on the pot holes as soon as possible.”

 

Councillors Biederman, Henderson, Leaver, Roome and Yabsley declared Other Registerable Interests as Members of Devon County Council, however, given the proposal to refer the matter to Strategy and Resources Committee, which does not directly affect their interest, these Councillors were able to take part in the deliberation and vote.

 

RESOLVED that the notice of motion be referred to the Strategy and Resources Committee for consideration and that the Committee also consider writing a letter to the Chief Executive of Devon County Council, Leader of Devon County Council, Councillor Hughes (Portfolio Holder and Lead Member for Devon County Council Highways repairs) and the MP to lobby the Minister to give Devon County Council a fair slice of funding to undertake highway repairs in North Devon and to put pressure on Devon County Council to start the repairs on the pot holes as soon as possible.


22/02/2023 - To approve as a correct record the minutes of the meeting held on 11 January 2023 (attached) ref: 3391    Recommendations Approved

Decision Maker: Council

Made at meeting: 22/02/2023 - Council

Decision published: 07/03/2023

Effective from: 22/02/2023

Decision:

RESOLVED that the minutes of the meeting held on 11 January 2023 (circulated previously) be approved as a correct record and signed by the Chair.


03/03/2023 - Adjournment of Meeting ref: 3409    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 03/03/2023 - Planning Committee

Decision published: 07/03/2023

Effective from: 03/03/2023

Decision:

RESOLVED that it being 10:45am the meeting be adjourned and reconvene at 11:30am on site at the second location: Land at Glebeland Villas, Bishops Nympton.

 

Councillors D Spear and L Spear left the meeting (10:45am)

 


27/01/2023 - To agree the minutes of the previous meeting held on 4th November 2022 (attached). ref: 3410    Recommendations Approved

Decision Maker: Joint Planning Policy Committee

Made at meeting: 27/01/2023 - Joint Planning Policy Committee

Decision published: 06/03/2023

Effective from: 27/01/2023

Decision:

 

Resolved that the minutes of the meeting held 4 November 2022 be agreed as a correct record.

 

Councillor Hames requested the following amendment to minute 29 – Housing and Economic Land Availability Assessment (HELAA) and the Five Year Housing Land Supply Update: “He had made a proposal on the composition of the panel which he believed had been seconded and voted upon.  This had not been included in the minutes.”

 

The Chair advised that if a motion is proposed and not carried, ND Council does not record this in the minutes.