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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.

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Decisions published

20/09/2019 - Procurement of Independent Certifier for Leisure Centre Project ref: 363    Recommendations Approved

Appointment of this post through a framework as originally intended is not practicable and running an open tender for the appointment would cause a delay in the wider project procurement process. Any further delays are likely to threaten delivery of the new leisure centre. There is insufficient time to take this urgent decision request to the next Strategy & Resources as the Independent Certifier will be needed as soon as the main contractor is appointed. This is likely to be in early August 2019 so an urgent decision is requested from the Chief Executive .

Information: An Independent Certifier is required as part of the external and internal project team for the delivery of a new leisure centre on Seven Brethren Bank. Funding for the post was agreed at Council on 13th March 2019 (paragraph 4.11 of report entitled “Leisure Provision at Seven Brethren”).

The Independent Certifier role will be delivered through a joint post, representing both NDC and the leisure contractor and will be responsible for certifying payments from NDC to the contractor during the construction phase of the project. As such, it’s important that both NDC and the leisure contractor are happy that the Independent Certifier has the necessary skills and experience for the job and that they will be impartial in their duties.

Currie & Brown UK Limited have the necessary experience and expertise to fulfil the requirements of the role and have a good understanding of the project. The project is fairly unique in that it is using the standard Sport England’s Design Build Operate and Maintain (DBOM) contract template, but NDC is financing the project through prudential borrowing, with the leisure operator paying off the council’s loan through twenty annual “management fee” payments. Sport England is investing significant funds in the project through its capital funding grants programme and is happy with NDC’s approach to funding the build through prudential borrowing. Sport England’s DBOM contract template requires the Independent Certifier role to be filled and has approved the suitability of Curry and Brown.

The value of the IC post is approximately £98k and the original procurement approach to the appointment was through a call-off contract from an NHS framework agreement.

Parkwood, Curry & Brown and NDC have considered three different contract templates for the IC role for this be-spoke project. The favoured template was proposed by Parkwood Leisure and has been used by Parkwood for another DBOM leisure centre project. The terms and conditions of this contract are closely aligned to the overarching DBOM contract, which is helpful as the documents will cross reference one another.

Unfortunately the preferred contract terms and the fact that the contract is a joint appointment make it inappropriate to appoint through the NHS framework as originally planned.

There is now insufficient time to run an open tender for the appointment of the Independent Certifier. The DBOM procurement has been running for over 12 months and any further delays could invalidate the tenderer’s build costs and business case, risking the whole project. For that reason an urgent decision to appoint Curry & Brown as Independent Certifier is requested, with the council’s standard contract & procedure rules set aside. Due to timings of NDC’s committee cycle there is insufficient time to take an urgent decision request to the next Strategy and Resources Committee so an urgent decision is requested from the Chief Executive.

Decision Maker: Chief Executive

Decision published: 17/10/2019

Effective from: 20/09/2019

Decision:

To appoint Curry and Brown as Independent Certifier is requested, with the council’s standard contract and procedure rules set aside.

Lead officer: Ken Miles


11/09/2019 - Adjournment of meeting ref: 328    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 11/09/2019 - Planning Committee

Decision published: 17/09/2019

Effective from: 11/09/2019

Decision:

RESOLVED that the meeting be adjourned to enable a five minute comfort break.

 

RESOLVED that the meeting be re-convened to consider the remaining business.

 


11/09/2019 - 70293: Application under Regulation 3 of the T & CP General Regulations 1992 notification by Devon County Council in respect of improvements to an existing roundabout and provision of a new underpass (DCC Ref: BGX/DCC/4142/2019) ref: 322    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 11/09/2019 - Planning Committee

Decision published: 17/09/2019

Effective from: 11/09/2019

Decision:

The Committee considered a report by the Head of Place (circulated previously – now appended).

 

Councillor Yabsley declared a personal and prejudicial interest and remained in the room with the permission of the Chair, but did not vote.

 

The Planning Officer recommended that Council should recommend to Devon County Council that the application be granted once greater evidence was available in respect of ecological impact including the delivery of an ecological nett gain from the completed development, and an associated (LEMP), the completion of a construction plan to protect residents and planting scheme requiring particular species to be used.

 

Councillor Ricky Knight (objector) addressed the Committee.

 

Councillor York (Ward Member) addressed the Committee.

 

In response to questions, the Planning Officer advised that the Environment Agency had not raised any objections as the previous concerns raised regarding surface run off had been addressed.  The proposal would not generate any additional traffic into South Street as the approach to the roundabout would be widened to enable traffic to go straight across the roundabout and also turn left into South Street.  The Head of Park School had undertaken a small internal survey.  Section 106 financial contributions had been sought from the Roundswell development towards improvements at the Bishop’s Tawton roundabout and contributions would also be sought from the Larkbeare development.  The scheme was part of strategic improvements to the A361/A39.  A pedestrian survey was undertaken in 2012.  A wet and dry pedestrian count had been undertaken in 2019.  Policy ST10 in the Joint Local Plan set out the operational improvements to be made to the A361 and A39.  The cost of the scheme was not a material planning consideration. 

 

RESOLVED (9 for, 1 against and 0 abstained) that the decision of the Strategy and Resources Committee held on 2nd September 2019 be supported and that the following observations be made to Devon County Council:

 

(a)

That the objectives of the Bishop’s Tawton roundabout improvement scheme be supported in principle subject to:

 

 

(i)

Consideration being given to physical measures that could be introduced to reduce through traffic to South Street e.g. width restriction;

 

 

(ii)

Consideration being given to measures that could be introduced to encourage traffic to use more appropriate accesses to the east of Barnstaple;

 

 

(iii)

Consideration of whether the provision of an underpass was necessary or whether there were other measures that could provide the same level of cycle and pedestrian safety and that the two preferred options of providing a toucan crossing and improvements and updates to the existing cycleway/footpath be investigated;

 

(b)

That as a result of the consultation and reviewing the concerns raised, the Council was most concerned and requested that a full strategic review of traffic movements and access issues in Barnstaple was undertaken and also expressed concern regarding the funding reductions for park and ride schemes.

 

Wards affected: Newport Ward;


11/09/2019 - Constitution amendment - Head of Place delegated powers ref: 324    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 11/09/2019 - Planning Committee

Decision published: 17/09/2019

Effective from: 11/09/2019

Decision:

The Head of Place advised the Committee that at the meeting of Council on 24th July 2019, the consideration of the amended wording of paragraph 7.2 of the delegated powers to the Head of Place was deferred. 

 

A paper detailing the proposed amended wording for paragraph 7.2 of the delegated powers to the Head of Place was tabled.

 

RECOMMENDED that the wording for paragraph 7.2 of the delegated powers to the Head of Place of the Constitution be amended as follows:

 

7.2 To consider and determine any application (excluding applications that are specifically referred to elsewhere in this section) submitted pursuant to the Planning Acts or any regulations or orders made pursuant to the Planning Acts (as revoked and replaced or amended from time to time) excluding an application:

 

in respect of which the Head of Place receives within 28 days, unless agreed otherwise with the Head of Place, of an application being registered, a written representation from a Member(s) containing sound planning reasons for the application to go to Planning Committee for decision. Should the Head of Place be minded to refuse the request to suspend delegation they must consult with the Chair of Planning Committee. If the Head of Place and Chair (or Vice-Chair if the application is called in by the Chair) of the Planning Committee cannot reach an agreement after consultation then the application will be brought to the Planning Committee for consideration. Factors to be weighed by the Head of Place include the extent of public interest (recognising that this in of itself does not constitute material planning grounds), the wider community impact, the decision is a finally balanced one and/or the planning matters under consideration are of broad significance.

 


03/09/2019 - Request for Early Release of Pension on Compassionate Grounds ref: 338    Recommendations Approved

Decision Maker: Governance Committee

Made at meeting: 03/09/2019 - Governance Committee

Decision published: 17/09/2019

Effective from: 03/09/2019


03/09/2019 - Audit Recommendation Tracker ref: 334    Recommendations Approved

Decision Maker: Governance Committee

Made at meeting: 03/09/2019 - Governance Committee

Decision published: 17/09/2019

Effective from: 03/09/2019

Decision:

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

 

The Committee noted the following updates:

 

·         Table A detailed the 20 live recommendations.

·         Table B detailed the recommendation completed since the last meeting of the Committee.

·         Table C detailed 2 recommendations for which time extensions were being requested. It was noted that each was now at 80% completion and it just remained for them to be presented to the Managers’ Forum (18th September 2019).

 

In response to a question from the Committee, the Chief Executive advised that the Council had previously had a dedicated Equalities Officer.  Following cutbacks this post had not been replaced.  The works had now been assigned to the Corporate and Community Services Team.

 

RESOLVED that:

 

(a)          the actions completed since the 22nd July 2019 Committee meeting be noted;

 

(b)          time extension be granted for those recommendations as listed in table C; and

 

(c)          the Audit Recommendation Tracker be noted.

 

 


03/09/2019 - Internal Audit Progress Report ref: 331    Recommendations Approved

Decision Maker: Governance Committee

Made at meeting: 03/09/2019 - Governance Committee

Decision published: 17/09/2019

Effective from: 03/09/2019

Decision:

The Committee considered a report by MAZARS Public Sector Internal Audit Limited regarding the Internal Audit Progress Report 19/20 (circulated previously).

 

The Committee was advised of the following in relation to the Internal Audit Progress Report 19/20:

 

·         The report set out the current position in respect of the audits being undertaken in 2019/20. 

·         There were 19 audits in the plan. Of these one was currently in draft and two others were still in progress.

·         MAZARS had been slightly behind schedule due to personnel issues but these had now been resolved and the backlog was being worked on.  They were happy that the works would be completed by the end of the year.

 

In response to a question from the Committee, the Internal Auditor explained that although there were three audits listed as ‘High Risk’ these would still be completed within the planned timescale. Audit ‘Main Accounting System and Budgetary Control’ had already been started and it was not expected that there would be any delay. 

 

The Head of Resources advised the Committee that, should any extensions be required to the audit, these would be requested and audit recommendations monitored via the Audit Recommendation Tracker.

 

RESOLVED that:

 

a)    the Head of Resources would alert the Committee of any possible further delays to the Auditors work; and

 

b)    the Internal Audit Progress report for 19/20 be noted.

 

 

 


03/09/2019 - Internal Audit Charter ref: 330    For Determination

Decision Maker: Governance Committee

Made at meeting: 03/09/2019 - Governance Committee

Decision published: 17/09/2019

Effective from: 03/09/2019

Decision:

The Committee considered a report by MAZARS Public Sector Internal Audit Limited regarding the Internal Audit Charter (circulated previously).

 

The Committee was advised of the following in relation to the Internal Audit Charter:

 

  • The Charter was provided by the internal auditors on an annual basis.  The document provided the details of the Charter and clearly identified each area of responsibility and lines of defence.
  • The Charter was a fairly generic document as provided to all councils although there would be small amendments to account for details specific to the individual council’s governance etc.

 

RESOLVED that the Internal Audit Charter be noted.

 

 

Wards affected: (All Wards);


03/09/2019 - External Audit Annual Audit Letter ref: 332    For Determination

Decision Maker: Governance Committee

Made at meeting: 03/09/2019 - Governance Committee

Decision published: 17/09/2019

Effective from: 03/09/2019

Decision:

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

 

The Head of Resources provided the Committee with an update on behalf of the External Auditors. He advised the Committee of the following points in the External Audit Annual Audit Letter:

 

  • The Executive Summary included the details of the successful outcomes of their work with the Council, their audit approach, Value for Money conclusion, Best Practice reports, details of any significant audit risks and the fees of the External Audit during the year.
  • The Value for Money Conclusion was that they were ‘Satisfied that in all significant respects the Council put in place proper arrangements to secure economy, efficiency and effectiveness in its use of resources for the year ending 31 March 2019’.
  • They wished to forward their appreciation for the Council staff during the audit.
  • An ‘Unqualified’ opinion had been made and published on the Council’s website.
  • The Audit fees of £40,999 were lower than those of 2017/18 however, this figure included an additional £4,500 yet to be approved by the Public Sector Audit Appointments (PSAA).
  • A fee of £21,253 due for ‘non-audit services’ covered the Certification of Housing Benefit.

 

The Head of Resources added that, in relation to the identified significant risks:

           

  • Valuation of land and buildings: Grant Thornton had again recommended that the Council change the date of the valuation to 31st March (from 1st April) to match the balance sheet date. The Council had resisted this previously as it could result in the statutory accounts being delayed.  The Council were looking into the matter further to see if the date could be brought forward in order to assist the auditors.
  • Valuation of net pension liability: a note relating to the McCloud judgement had now been included within the Accounts. 

 

In response to a question from the Committee, the Head of Resources confirmed that the Local Authorities would not be recompensed for the costs incurred following the McCloud judgement.

 

RESOLVED that the External Audit Annual Audit Letter be noted.

 

 

Wards affected: (All Wards);


03/09/2019 - Flexible Retirement Request ref: 337    Recommendations Approved

Decision Maker: Governance Committee

Made at meeting: 03/09/2019 - Governance Committee

Decision published: 17/09/2019

Effective from: 03/09/2019


03/09/2019 - Exclusion of Public and Press and Restriction of Documents ref: 335    Recommendations Approved

Decision Maker: Governance Committee

Made at meeting: 03/09/2019 - Governance Committee

Decision published: 17/09/2019

Effective from: 03/09/2019

Decision:

RESOLVED:

 

(i)            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 2, part 1 of Schedule 12A of the Act (as amended from time to time), namely information which is likely to reveal the identity of an individual, and 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 affairs of any particular person (including the authority holding that information).

 

(ii)           That all documents and reports relating to the items be confirmed as “Not for Publication”.

 

 

 


03/09/2019 - Internal Audit Annual Report ref: 329    Recommendations Approved

Decision Maker: Governance Committee

Made at meeting: 03/09/2019 - Governance Committee

Decision published: 17/09/2019

Effective from: 03/09/2019

Decision:

The Committee considered a report by MAZARS Public Sector Internal Audit Limited regarding the Internal Audit Annual report for 2018/19 (circulated previously).

 

The Committee was advised of the following in relation to the Internal Audit Annual Report 2018/19:

 

  • 18 Audits had been undertaken during the 2018/19 year. 
  • Although the report stated that six audits were still in draft format, the Auditor confirmed that now only one or two were now still drafts.  He was satisfied with the progress of the audit to date.
  • There had been very little change since the previous year and therefore been no need to change the opinion.
  • The opinion for 2018/19 on both the financial systems, and non-financial systems, was that “Internal controls within operational and financial systems operating throughout the year are fundamentally sound”.
  • MAZARS had met or exceeded three of the four Performance measures – missing the fourth (Average customer satisfaction score target) by 0.17 (the target was 4, but they attained a score of 3.83).

 

RESOLVED that the Internal Audit Annual report 2018/19 be noted.

 

 


03/09/2019 - Policy for Preventing and Controlling Violence, Aggression and Other Unreasonable Customer Behaviour ref: 327    Recommendations Approved

Decision Maker: Governance Committee

Made at meeting: 03/09/2019 - Governance Committee

Decision published: 17/09/2019

Effective from: 03/09/2019

Decision:

The Committee considered the Policy for Preventing and Controlling Violence, Aggression and other Unreasonable Customer Behaviour (circulated previously).

 

The Head of Environmental Health and Housing advised the Committee that the policy:

 

  • concerned the welfare of the Authority’s staff and the assessment of risk.  It provided the opportunity to introduce pro-active controls.
  • promoted a ‘zero tolerance’ approach and would correctly equip the staff to deal with issues of unreasonable behaviour.
  • had been considered by both staff and Unison.

 

The Head of Environmental Health and Housing added that although risks were covered the issue of near-misses had not yet been specifically written into the policy, although the recording of these was as important as recording actual incidents. He requested the Committee approve the addition of the wording regarding the recording of ‘near-misses’.

 

                        RESOLVED that:

 

a)      the wording on the Policy for Preventing and Controlling Violence, Aggression and other Unreasonable Customer Behaviour be amended to include ‘near-misses’; and

 

b)      the Policy for Preventing and Controlling Violence, Aggression and other Unreasonable Customer Behaviour be noted.

 

 

 

Wards affected: (All Wards);


03/09/2019 - To approve as a correct record the minutes of the meeting held on 22nd July 2019. ref: 325    Recommendations Approved

Decision Maker: Governance Committee

Made at meeting: 03/09/2019 - Governance Committee

Decision published: 17/09/2019

Effective from: 03/09/2019

Decision:

RESOLVED that the minutes of the meeting held on 22nd July 2019 (circulated previously) be approved as a correct record and signed by the Chairman.

 

 


11/09/2019 - 66934: Variation of conditions 2 (approved plans) 3 (LEMP) and 6 (noise) attached to application 58119 and appeal reference APP/X118/W/15/3081123 to amend the design of BMX layout. ref: 323    For Determination

Decision Maker: Planning Committee

Made at meeting: 11/09/2019 - Planning Committee

Decision published: 11/09/2019

Effective from: 11/09/2019

Decision:

The Committee considered a report by the Head of Place (circulated previously – now appended).

 

Anne Melhuish (objector), Liz Wood (objector) and Vanessa Harrison (applicant) addressed the Committee.

 

In response to questions, the Lead Planning Officer confirmed that the location of the BMX track was already established in accordance with planning application 58119 whereby permission had been granted.  The application had been refused, but granted on appeal.  The Environment Agency and Devon County Council Flood Authority had been consulted and were satisfied with the drainage proposals and that there was no additional flood risk. The proposals for car parking, remained unchanged from the original application.  The submission of a Landscape and Ecological Management Plan (LEMP) which would provide biodiversity gains was  approved under reference 66349.  Landscaping would be the responsibility of North Devon Council.  There were no conditions imposed to restrict access to the site, however no lighting would be provided therefore usage would be limited to daylight.

 

In response to questions, the applicant confirmed that consultation had been undertaken prior to submission of the application, whereby over 300 responses had been received and the majority were in support.  Consultation had also been carried out with users regarding the design.

 

RESOLVED (11 for, 0 against and 1 abstained) that the application be APPROVED as recommended by the Head of Place.

 

Wards affected: Heanton Punchardon Ward;