Decisions

Policy ST07(4) of the North Devon and Torridge Local Plan (NDTLP) - Spatial Development Strategy for Northern Devon’s Rural Area states that ‘In the countryside, beyond Local Centres, Villages and Rural Settlements, development will be limited to that which is enabled to meet local economic and social needs, rural building reuse and development which is necessarily restricted to a countryside location.’
The storage and residential use of the caravan which has been positioned within a building at this site meets none of the above criteria being an open market housing use which does not functionally or operationally need to be on the site or restricted to being within a countryside location. The development is therefore contrary to the provisions of policy ST07(4) of the NDTLP.
Whilst the residential use of the building (Pine Tree Cabin) could be considered re-use of buildings, which is permissible by virtue of Policy DM27 of the NDTLP and paragraph 79 of the National Planning Policy Framework (NPPF), its change of use is not considered to result in a positive impact on the immediate setting. This is because its appearance as a domestic building, its scale and fenestration detract from the wider rural area. The residential use of the building is therefore contrary to the requirements of Policy DM27 of the NDTLP and paragraph 79 of the NPPF.
Furthermore, the building and the caravan do not provide suitable residential amenity for any occupants due to an absence of outdoor private amenity space and in the case of the caravan access to ambient daylight due to its concealed position within a barn. This would be contrary to Policies DM01 and DM04 of the NDTLP.

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

This decision is urgent as it reflects the current crises. The decision is being made to ensure that social distancing measures are implemented and also to protect staff from collecting cash and cleaning potentially infected areas.
There is a significant financial implication in not charging in car parks. This is around £260k per month. However, most Councils are either not charging or not enforcing.

Even if we carried on charging, income would be down as shops are shut and people are isolating.

Cease charging on Council car parks and close public toilets

Queries have arisen as to whether persons having given notice of a Temporary Event are
able to receive a refund if their event is cancelled due to the impact of Covid-19. Some other
local authorities have processed refunds in this way.

The fee for a TEN fee is prescribed under the Licensing Act 2003 (£21). It is suggested
that it would not be appropriate to refund applicants this fee, and moreover the legality
surrounding refunds of fees under the Licensing Act 2003 is questioned.

The Council has never paid out in this manner previously when an event has been cancelled.
In light of the fact that the administration of the TEN costs more than the fee imposed,
the suggestion is that the Council solely allow the withdrawal of the notice to avoid TEN
numbers being taken up, and request a new application for a future date if the event is
postponed.

Covid-19 is impacting the UK at an unprecedented rate, and the usual systems available to make policy decisions via the Licensing and Community Safety Committee, Strategy and Resources Committee and Full Council are not expedient. Given the circumstances many of these meetings are compromised due to social distancing precautions being now in place, it is believed that the most appropriate way forward is for an urgent decision to be made.

Queries have arisen in terms of fees for hackney carriage vehicles, drivers and
operators, and whether if licences are surrendered (due to implications of Covid-19)
the Council will refund fees.

Fees in this instance are locally set, and are substantial in terms of their cost. The proposal is that if an individual wishes to surrender a licence until its expiry, due to concerns over transporting passengers etc., and then they re-apply, the Council allow them the pro-rata fee (according to the licence period remaining) off a future licence application (for the same licence), if made in the 2020/2021 financial year.

Covid-19 is impacting the UK at an unprecedented rate, and the usual systems available to implement policy changes via Licensing and Community Safety Committee, Strategy and Resources Committee and Full Council are not expedient. Given the circumstances many of these meetings are compromised due to social distancing precautions being now in place.

There is likely to be an impact on the taxi and private hire licensing budget, however due to the fact that the number of drivers wishing to surrender their licences or their vehicle or operator licences is unknown, it is not at this point possible to provide full detail in terms of the financial impact of this decision.

In light of the fact that it is not proposed to make any immediate refunds, there will be no impact until such time as any subsequent application is made to the Council, (when a reduced fee will be received).

Whilst at this present time a system is being maintained to issue plates and badges for licensed taxi and private hire vehicles, and their drivers, there is concern that with the impact of Covid-19 the Council may reach a position whereby it is not be possible to issue a plate or drivers badge due to staff absenteeism.

The Council’s Hackney Carriage and Private Hire Policy references the issue of plates and badges, and the requirements surrounding their display. If badge and plate make up is compromised, it is suggested that the Council issue a temporary licence by way of email, and a letter to the driver or proprietor concerned that they can present this to clients using their vehicles.

Covid-19 is impacting the UK at an unprecedented rate, and the usual systems available to implement policy changes via Licensing and Community Safety Committee, Strategy and Resources Committee and Full Council are not expedient. Given the circumstances many of these meetings are compromised due to social distancing precautions being now in place.

When a hackney carriage or private hire vehicle is licensed, checks are ordinarily made by officers in respect of the operation of the top light; condition of body work, and interior; presence of fire extinguisher; first aid kit, etc.

Additionally a meter test is undertaken to ensure that the taximeter is calibrated effectively, and there is no risk of over-charging members of the public.

In light of the impact of Covid-19, it is not proposed to enter vehicles at this time to undertake these checks or complete a meter test (which entails an accompanied drive over a measured half mile), and therefore a derogation from the current procedure and Council’s Hackney Carriage and Private Hire Licensing Policy 2016 is proposed as follows:

Officers will ask for photographs to evidence vehicle condition inside and out; presence of meter; top light (on and off); fire-extinguisher; and first aid kit.

Plates will be sent out in the post.

No meter test will be undertaken, and meters will remain unsealed.

NOTE: The plate on a vehicle deemed of paramount importance in terms of public confidence and enforcement of the licensing regime, and as such the above derogation is only proposed in circumstances where vehicle plates can continue to be made up by Customer Services/Licensing staff.

Covid-19 is impacting the UK at an unprecedented rate, and the usual systems available to implement policy changes via Licensing and Community Safety Committee, Strategy and Resources Committee and Full Council are not expedient. Given the circumstances many of these meetings are compromised due to social distancing precautions being now in place.

Background paper used: North Devon Council’s Hackney Carriage and Private Hire Licensing Policy 2016.

The Council’s Hackney Carriage and Private Hire Licensing Policy 2016 cites:

‘Officers are not empowered to refuse an application for a licence. Accordingly where an application for the grant of a hackney carriage licence is made when the vehicle in question is more than 5 years old, the application must be referred to the Licensing Sub-Committee for consideration.
The presumption is that licences will not be granted for vehicles over 5 years old, but each application will be considered on its own merits. Factors such as the condition of the vehicle, and the mileage will be relevant.’

Vehicle proprietors have requested to surrender vehicle licences in light of lack of trade due to Covid-19, however are concerned by the above and whether they will be able to licence their hackney carriage vehicles again if they are in excess of 5 years old.

In terms of a derogation it is suggested that the Council should provide assurance to vehicle proprietors that if a licence is surrendered, and provided an application is received for a further grant of the same vehicle in 2020/21, then this Policy requirement will be waived.

Covid-19 is impacting the UK at an unprecedented rate, and the usual systems available to implement policy changes via Licensing and Community Safety Committee, Strategy and Resources Committee and Full Council are not expedient. Given the circumstances many of these meetings are compromised due to social distancing precautions being now in place.

Background paper used: North Devon Council’s Hackney Carriage and Private Hire Licensing Policy 2016.

The Council’s Hackney Carriage and Private Hire Licensing Policy cites:

A medical certificate is required before a licence may be granted, irrespective of the age of the applicant. A DVLA Group 2 standard of medical fitness for professional drivers is required. Certificates must be completed by an applicant’s registered GP, or a GP from their registered practice, who has access to an applicant’s medical records.

Drivers must produce to the District Council at the Licensing Office a new medical certificate within seven days of the date of the expiry of a previous certificate.

Any applicant or licence holder must be medically examined every 5 years, whilst individuals of 65 years and over, must be examined annually.

Licence holders must immediately advise the Council of any deterioration of their
Health that may affect their driving capabilities and which may negate their ability to
pass a Group 2 medical standard examination. Examples include high blood pressure, angina, diabetes, vision disorder, fainting, blackouts, drug taking or alcoholism. Where there is any doubt as to the medical fitness of the applicant, the Council may require the applicant to undergo and pay for a further medical examination by a Doctor appointed by the Council. The Doctor’s recommendation will be final.

In light of the pressures on GP surgeries, compliance with the above is problematic due to non-availability of medical certification. Many authorities have taken the stance to temporarily suspend the medical requirements contained in their policies, and some have introduced a self-declaration (something similar is currently used for diabetic drivers).
Moreover, from the 17 April 2020 The Department for Transport has relaxed the requirement surrounding medicals for lorry drivers, and under a new scheme lorry drivers will be able to receive a temporary one year licence, providing they do not have any medical conditions that affect their driving and their current licence expires in 2020.

It is proposed that a Group 2 Medical Self Declaration form is introduced for drivers wishing to make renewal applications, which will then be followed up by the Council’s Occupational Health Advisor in the case of any queries. This proposed policy derogation is suggested as temporary measure, to be utilised only if a GP from the applicant’s medical practice is unable to perform a Group 2 medical.

Covid-19 is impacting the UK at an unprecedented rate, and the usual systems available to implement policy changes via Licensing and Community Safety Committee, Strategy and Resources Committee and Full Council are not expedient. Given the circumstances many of these meetings are compromised due to social distancing precautions being now in place.

Background papers: North Devon Council’s Hackney Carriage and Private Hire Licensing Policy 2016.

A temporary amendment is sought to North Devon Council’s Hackney Carriage and Private Hire Licensing Policy 2016, due to the impact of Covid-19.
The current policy cites that those persons making an application for a hackney carriage or private hire proprietor’s licence should accompany this with a valid MOT. It is also the positon that a valid MOT must be in place for the duration of a licence.
In addition to an MOT, both hackney carriage and private hire vehicles must be garage tested once a year until they are 6 years old and twice per year thereafter, by an authorised MOT examiner at an MOT station.
Sections 3.1, 3.8, 7.10, 18.1, and 18.2 of the Council’s policy refer to the above, for which a temporary derogation is proposed. The following text is suggested to be placed on the Council’s website:
MOTs for Hackney Carriage and Private Hire Vehicles
The Department for Transport has released guidance in relation to vehicle MOTs. From 30 March 2020, MOT due dates for cars, motorcycles and light vans will be extended by 6 months, and lorries, buses, and trailers for 3 months. This is being done to help prevent the spread of coronavirus.
You will be aware that the Council does not have a nominated MOT testing station, any authorised MOT station can be used. The Government has not taken a decision to close MOT stations, garages or repair shops due to the risks posed by vehicles continuing to be used. As such, if appropriate testing stations remain open, then taxis and private hire vehicles should remain in possession of a current MOT.
We are mindful that the current situation is unprecedented, and as such if issues arise in gaining tests, we would wish to further note, that vehicles must be in a roadworthy condition for the exemption to be valid. Therefore it is just as important now as it has always been, that drivers ensure that the vehicle they are using is FULLY compliant with the law and that any identifiable defects such as blown bulbs, defective tyres etc. are repaired. If you are not able to have the vehicle repaired so that it is in a roadworthy condition, it must be withdrawn from service.
Hackney carriage and private hire vehicle inspections
The Council’s policy indicates that a hackney carriage or private hire vehicle shall be tested once per year until it is 6 years old, and thereafter twice per year, at six monthly intervals. The test must be carried out by an authorised MOT examiner at an approved MOT testing station, and conducted against the prescribed inspection checklist. This is in addition to an MOT, which for Hackney Carriages is required at 1 year old and thereafter for taxis and at 3 years old and thereafter for private hire vehicles.
Due to fact that garages are not being required to close, the same principles will apply in that if a test can still be undertaken, it should be completed. However if a situation arises whereby garage tests are unable to be undertaken, the same extension of time as for MOT test periods (six months) will also be applied to garage tests

The guidance issued by the Department for Transport in respect of MOT tests creates a new situation in respect of MOT periods.
Due to Covid-19; the above extension on MOT periods; and the fact that garages undertaking MOTs and garage tests may be compromised in forthcoming weeks, there needs to be clarity surrounding whether this new extension applies. Also the policy needs to build in flexibility in case of garages closing due to absenteeism.
Covid-19 is impacting the UK at an unprecedented rate, and the usual systems available to implement policy changes via Licensing and Community Safety Committee, Strategy and Resources Committee and Full Council are not expedient. Given the circumstances many of these meetings are compromised due to social distancing precautions being now in place.