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

31/10/2019 - Purchasing of the Civica Openrevenues 'Banded Scheme' Module by way of a variation to the Civica Openrevenues contract dated 28 September 2017 ref: 415    Recommendations Approved

Paragraph 24.1 (b)(i) of the Contract Procedure Rules provides that a contract may be varied or changed without re-advertisement if it can be shown that the change "requires additional works, services or supplies that have become necessary and where a change of supplier would not be practicable (for economic, technical or interoperability reasons) or involve substantial inconvenience/duplication of costs" provided that "the value of such a change does not exceed 50% of the original contract price". Such modification is also allowed by regulation 72(1)(b) of the Public Contracts Regulations 2015 which also requires that, where the Council proceeds with this contract variation, a modification notice be published in the Official Journal of the European Union.
Revenues and Benefits already use Civica Open revenues modules to administer Council Tax, Business Rates, Housing Benefit and Council Tax Reduction. All these modules are run off a central core database.
The new module needed to administer a Council Tax Reduction 'banded scheme' would be addition to the current modules running off the core database already in existence. There is no third party product that could stand alone and that would integrate with the current modules.
Our Revenues and Benefits team and ICT support colleagues are already familiar with the current Openrevenues modules that we use and procuring a new system would be detrimental to the service we currently provide and be a significant cost to the authority.
Information: When Council Tax Benefit was abolished from April 2013, it was replaced with a discount known as Council Tax Reduction to help working age people on low incomes pay their Council Tax.
'Full Service' Universal Credit was introduced to Devon during 2018 and in the North Devon Council area on the 4 July 2018. Since the rollout of Universal Credit, Council
Tax Reduction administration has become increasingly difficult. This is because Universal Credit is highly reactive to change, and Local Authorities typically receive notifications from the Department for Work and Pensions of a change in income every month for each customer. These changes are often insignificant (e.g. £1 variation in earned income) but as Council Tax Reduction schemes are fully means tested even a trivial change requires reassessment, triggering an amended Council Tax bill and rescheduling of the instalment profile. As a result, some households are issued with many bills and a number of changed instalments each year. This can make it difficult for taxpayers to budget or even to understand what is due.
The current Council Tax Reduction scheme is complex and out of date and is not effective with the introduction and roll out of Universal Credit. The Government continues to reduce the funding for the scheme so we're aiming for a new scheme that is fairer, simpler and ultimately reduces administration costs.
We are therefore planning to introduce an 'income grid scheme', which will cut down on administration costs and make the claiming process simpler and easier to understand. In order to administer such a scheme we require a new software package/module. This is a new requirement since entering into our current contract in 2017.

Financial Implications: (NOTE: Please state if there are any financial implications. If so, state if there are sufficient funds within the agreed budget. If there are not sufficient funds, please state how the decision will be financed)
Module cost: £37,500
License fee: 20 0/0 of £37,500 = £7,500 P/A
April 20 - March 21 = £7,500
April 21 to March 22 = £7,500
April 22 —September 22 - £3750 (end of contract) Total cost £56,250.
Funds have been allocated by Head of Resources

Decision Maker: Head of Resources

Decision published: 30/01/2020

Effective from: 31/10/2019

Decision:

In accordance with paragraph 24 of the Contract Procedure Rules (Part 4 of the Constitution); consent to the variation of the Civica Openrevenues contract dated 28 September 2017 without re-advertisement.

Lead officer: Jon Triggs


25/09/2019 - Constitution amendment - Head of Place delegated powers ref: 345    Recommendations Approved

Decision Maker: Council

Made at meeting: 25/09/2019 - Council

Decision published: 29/10/2019

Effective from: 25/09/2019

Decision:

Council considered the amended wording of paragraph 7.2 of the Head of Place’s delegated powers as recommended by the Planning Committee on 11th  September 2019 in pursuance to minute 30(c) of the meeting held on 24th  July 2019.

 

It was moved by Councillor Ley and seconded by Councillor Ley that the amended wording of paragraph 7.2 of the Head of Place’s delegated powers as recommended by the Planning Committee on 11th  September 2019 be adopted.

 

RESOLVED that amended wording of paragraph 7.2 of the Head of Place’s delegated powers as recommended by the Planning Committee on 11th  September 2019 be adopted 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.

 


25/09/2019 - Corporate Plan ref: 342    Recommendations Approved

Decision Maker: Council

Made at meeting: 25/09/2019 - Council

Decision published: 29/10/2019

Effective from: 25/09/2019

Decision:

Council considered a report by the Chief Executive (circulated separately) and the draft Corporate Plan and consultation responses (circulated previously).

 

The Chief Executive advised that a cross party working group had been formed to consider the strategic priorities for the Council.  Based on the views of that Group, four corporate priorities were identified and incorporated into the draft Corporate Plan.  The draft Corporate Plan and delivery plan (identifying specific actions that would be undertaken in order to contribute towards delivery of the Plan) were presented to the Strategy and Resources Committee on 5th August 2019 and the Policy Development Committee on 18th July 2019 which were recommended for approval.  The draft Corporate Plan and delivery plan were subject to public consultation, who were supportive of the four corporate priorities.  The level of responses was good in comparison to other consultations. The delivery plan would continually be kept under review.  Following the adoption of the Corporate Plan, work would commence on producing the policies and strategies required to deliver the priorities which would require approval by Members.

 

Councillor Lovering declared a personal interest as she was attending a training course at Petroc funded by the NHS which the Northern Devon Healthcare Trust had introduced to help with the current staffing shortages.

 

It was moved by Councillor Worden and seconded by Councillor Patrinos that the recommendation in the report be adopted.

 

RESOLVED that the Corporate Plan be adopted.

 


25/09/2019 - Report of meeting of the Strategy and Resources Committee ref: 343    Recommendations Approved

Decision Maker: Council

Made at meeting: 25/09/2019 - Council

Decision published: 29/10/2019

Effective from: 25/09/2019

Decision:

Councillor Worden, Chair of the Strategy and Resources Committee reported the recommendations of the Strategy and Resources Committee on the Performance and Financial Management for Quarter 1 of 2019/2020 (circulated previously).

 

In response to a question, the Head of Resources advised that the forecast overspend for Operational Services was largely due to the number of missed collections and the employment of additional staff.  As the Chief Executive had previously advised, a full Vanguard systems review of this service area  was being undertaken to address issues such as missed collections and fleet capacity.  The Quarter 1 overspend was mitigated with the savings achieved from the Works and Recycling Shared Savings scheme.

 

It was moved by Councillor Worden and seconded by Councillor Crabb that “minute 27 (f) of the meeting of the Strategy and Resources Committee held on 5th August 2019 be adopted”.

 

RESOLVED that minute 27 (f) of the meeting of the Strategy and Resources Committee held on 5th August 2019 be adopted.

 


25/09/2019 - Outside body appointment - Braunton Marsh Internal Drainage Board ref: 344    Recommendations Approved

Decision Maker: Council

Made at meeting: 25/09/2019 - Council

Decision published: 29/10/2019

Effective from: 25/09/2019

Decision:

The Chief Executive advised that in pursuance to minute 28 (a) (iii) of the meeting held on 24th July 2019, Council had deferred the appointment of Members to the Braunton Marsh Internal Drainage Board as it was understood that Councillors appointed needed to represent the Braunton area.  Following further investigation, the position regarding the appointment of Members to the Board was still unclear and therefore recommended that the consideration of the appointments be deferred for further clarification.

 

It was moved by Councillor Leaver and seconded by Councillor Bushell “that consideration of the appointments to the Braunton Marsh Internal Drainage Board be deferred pending further clarification being sought regarding the appointment of Members to the Board”.

 

RESOLVED that consideration of the appointments to the Braunton Marsh Internal Drainage Board be deferred pending further clarification being sought regarding the appointment of Members to the Board.

 


25/09/2019 - Appointment of Independent Members to the Harbour Board ref: 341    Recommendations Approved

Decision Maker: Council

Made at meeting: 25/09/2019 - Council

Decision published: 29/10/2019

Effective from: 25/09/2019

Decision:

Council considered a report by the Harbour Master (circulated previously) regarding the appointment of Independent Members to the Harbour Board.

 

It was moved by Councillor Wilkinson and seconded by Councillor Campbell that the recommendation in the report be adopted.

 

RESOLVED that Mr Bert Gear and Mr Tim Gibbs be appointed as Independent Members on the Ilfracombe Harbour Board for a four year period with effect from 25th November 2019 until 24th November 2023.

 


25/09/2019 - 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: 339    Recommendations Approved

Decision Maker: Council

Made at meeting: 25/09/2019 - Council

Decision published: 29/10/2019

Effective from: 25/09/2019

Decision:

Councillor Davis declared a prejudicial interest as Chair of the Peninsula Rail Force and left the meeting during the consideration thereof.

 

(a)       To consider the following notice of motion from Councillor Worden

 

Councillor Worden presented his notice of motion to Council.

 

It was moved by Councillor Worden and seconded by Councillor Crabb that “It has recently been reported that Allan Cook chairman of the High Speed 2 (HS2) rail project has warned the Department for Transport that its cost could rise by £30bn over the original £56 billion budget. This Council is concerned that this ridiculously expensive system will have little, if any, direct economic, social or infrastructure benefits for the South West and North Devon. While we have dated and frail rail connections the existing rail links between London and the north are much superior to what we have. The recent report by the New Economics Foundation “A Rail Network For Everyone – Probing HS2 And Its Alternatives”, includes the suggestion that the current HS2 funding should be allocated for other regional rail improvements to improve local connectivity across the whole country. This Council, therefore calls on the government to scrap the HS2 scheme and instead make further improvements to the Barnstaple to Exeter line and investigate the feasibility of extending the rail links e.g. to Bideford, Braunton and providing a direct line to Taunton from Barnstaple.”

 

RESOLVED that it has recently been reported that Allan Cook chairman of the High Speed 2 (HS2) rail project has warned the Department for Transport that its cost could rise by £30bn over the original £56 billion budget. This Council is concerned that this ridiculously expensive system will have little, if any, direct economic, social or infrastructure benefits for the South West and North Devon. While we have dated and frail rail connections the existing rail links between London and the north are much superior to what we have. The recent report by the New Economics Foundation “A Rail Network For Everyone – Probing HS2 And Its Alternatives”, includes the suggestion that the current HS2 funding should be allocated for other regional rail improvements to improve local connectivity across the whole country. This Council, therefore calls on the Government to scrap the HS2 scheme and instead make further improvements to the Barnstaple to Exeter line and investigate the feasibility of extending the rail links e.g. to Bideford, Braunton and providing a direct line to Taunton from Barnstaple.

 


25/09/2019 - Appointment of Aldermen/Alderwomen ref: 340    Recommendations Approved

Decision Maker: Council

Made at meeting: 25/09/2019 - Council

Decision published: 29/10/2019

Effective from: 25/09/2019

Decision:

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

 

It was moved by Councillor Bushell and seconded by Councillor Lofthouse “that the appointment of Honorary Aldermen/Alderwomen be not appointed on block and that appointments be voted on for each individual”.

 

An amendment was moved by Councillor Prowse and seconded by Councillor Barker “that the appointment of Honorary Aldermen/Alderwomen be made on block”.

 

RESOLVED that the appointment of Honorary Aldermen/Alderwomen be made on block.

 

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

 

RESOLVED that the following people be appointed to be Honorary Aldermen/Alderwomen in recognition of the long and eminent service that each has given to North Devon Council, to local government and to the community:

 

Des Brailey

Michael Edmunds

Faye Webber