Decisions

Councillor D Spear presented the Report of the Lead Member for the Environment (circulated previously) on behalf of the Lead Member.

 

Councillor Crabb noted that the report could have contained more practical information and statistics on electric vehicles etc.

 

RESOLVED that the Report of the Lead Member for the Environment (circulated previously) be noted.

 

The Director of Resources and Deputy Chief Executive addressed Council in relation to the Appointment of External Auditors from 2023-24 report (circulated previously).

 

Councillor Roome, Chair of the Governance Committee reported on the recommendations of the Governance Committee regarding the Appointment of External Auditors from 2023-24 (circulated previously).

 

It was moved by Councillor Roome, and seconded by Councillor Biederman that the recommendation in report stating “that North Devon Council opted into the national scheme for auditor appointments from April 2023 and the proposal from Public Sector Audit Appointments be formally accepted”.

 

RESOLVED that North Devon Council opted into the national scheme for auditor appointments from April 2023 and the proposal from Public Sector Audit Appointments be formally accepted.

 

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

 

(i)             4 October 2021

(ii)            1 November 2021:

a) Minute 81(c.): Approval and Release of Section 106 Public Open Space Funds – Barnstaple, Chulmleigh, Newton Tracey and Witheridge.

 

b) Minutes 82: Gambling Statement of Principles.

 

 

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

 

(i)             18 November 2021

 

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

 

(i)             13 October 2021

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

 

(i)             19 October 2021

 

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

 

(i)             20 October 2021

(ii)            16 November 2021

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

 

(i)             4 November 2021

 

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 2 of 2021/22 (circulated previously).

 

It was moved by Councillor Worden and seconded by Councillor Wilkinson “that minute 78 (f) the report of the Strategy and Resources Committee held on 1 November 2021 regarding the Performance and Financial Management for Quarter 2 of 2021/22 be adopted”.

 

RESOLVED that minute 78 (f) the report of the Strategy and Resources Committee held on 1 November 2021 regarding the Performance and Financial Management for Quarter 2 of 2021/22 be adopted.

 

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

 

Councillor Walker presented her notice of motion to Council.

 

The Chief Executive advised that legislation in relation to school uniforms had received Royal Ascent.

 

The Leader advised that the Authority had funds available to help those in financial need and the public could be signposted to these by the Members.

 

It was moved by Councillor Walker and seconded by Councillor Cann that the notice of motion be adopted.

 

Following discussions, Councillor Walker as mover and Councillor Cann as seconder agreed to take on board the addition “shoes” in the notice of motion.

 

RESOLVED that the Council asks the Government to bring forward legislation, or statutory guidance, to make school uniform, including shoes, affordable for all. We recognise the importance of uniform and the correct wearing of it within schools as a social equaliser, but feel that at the moment any parents are struggling to buy uniform, especially with the effects of the pandemic and the way parents may have had to buy multiple uniform that hasn’t been worn much before having to be replaced. We also ask that within the school uniform policy that children are not penalised for minor infringements of uniform policy due to parental hardship or the availability of the correct uniform for that child.  We would like to thank all our local schools for providing thrift shops or exchange services within the schools and recognise that these services are invaluable.

 

 

(b)  To consider the following notice of motion from Councillor Lofthouse.

 

Councillor Lofthouse presented his notice of motion to Council.

 

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

 

Councillor Worden requested that paragraphs (A)-(D) of the motion be presented to Government and that paragraphs (E)-(F) be forwarded to the Joint Planning Policy Committee for consideration in conjunction with the works on the Joint Local Development Plan.

 

Councillor Lofthouse, as the mover, and Councillor Davies, as the seconder of the motion, took this amendment on board.

 

RESOLVED that:

 

(i) The following points be presented to Government;

 

(A) The government implements the RIBA’s proposals as submitted to COP 26 without delay. This includes a requirement for the design councils’ guide to better place-making to have priority as a material consideration for planning decisions. As part of new developments public facilities and infrastructure such as schools and health provisions need to be provided as an integral part of the initial construction.

 

(B) All government inspectors consider a holistic approach with particular regard to the future consequences of climate change in the planning appeals process. 

 

(C) New developments should include processes which will enable properties to have net zero CO2 emissions. Actions to include rainwater harvesting and storage, SUDS to include natural filtration and recycling for use within the development’s life, electrical power provision to be renewable with at least 50% being produced on site or within the immediate locality and developments to be provided with the infrastructure to be EV charging ready.

 

(D) Building regulations include actions to make it mandatory to insulate any new homes or additions to existing homes to a level that meets a maximum energy consumption of <= 46kWh/m2/YR, with a tapering reduction for future homes down to <=25kwhr/m2/YR by 2030. (EuroPHitt criteria as an initial minimum).

 

(ii) That the following be presented to the Joint Planning Policy Committee for consideration in conjunction with the Joint Local Plan:

 

(A) A training programme be instigated for officers and councillors that are likely to be involved in any form of planning and construction decisions or control, for the understanding and consistent application of the National Design Guide.

 

(B) To consider the adoption of a Supplementary Planning Document similar to that adopted by the Derbyshire Dales District Council. https://www.derbyshiredales.gov.uk/your-council/news-andpublications/latest-news/3382-climate-change-supplementary-planningdocument-adopted .”

 

 

(c)  To consider the following notice of motion from Councillor Wilkinson.

 

Councillor Wilkinson presented his notice of motion to Council.

 

It was moved by Councillor Wilkinson and seconded by Councillor Bushell that the notice of motion be adopted.

 

The Chief Executive recommended that an addition be included in that a representation be made to South West Water to request their five-year plan to reduce sewerage discharge issues.

 

Councillor Wilkinson, as the mover, and Councillor Bushell, as the seconder of the motion, took this amendment on board.

 

RESOLVED that the Council;

 

(i) Support the surfers against sewage campaign for an end to sewage discharge into our bathing waters by 2030.

 

(ii)Ask our M.P. to support all measures to prevent untreated human waste being released into our waterways.

 

(iii)Write to the Secretary of State for Environment, Food and Rural Affairs expressing our concerns about any discharge of raw sewage into North Devon rivers or our beaches

 

(iv) Ask the Government to make full use of the existing regulatory powers and restore the Environment Agency budgets in order to deliver the necessary oversight.

 

(v) Write to South West Water to request their five-year plan to reduce sewerage discharge issues.

 

Councillor Lofthouse left the meeting.

 

(d)  To consider the following notice of motion from Councillor Roome.

 

Councillor Roome presented his notice of motion to Council.

 

It was moved by Councillor Roome and seconded by Councillor Biederman that it be adopted with the amendment to paragraph (c) of the motion to include “(or with an amended slogan in future if required)”following the words “Live, Love Local”.

 

 

RESOLVED that

 

(i)Request that NDC officers work closely with local business organisations and smaller enterprises across North Devon to make them aware of Small Business Saturday and encourage them to be part of it.

 

(ii) Ensure that Small Business Saturday is promoted thoroughly and prominently on the Council’s website, social media channels and other external communications.

 

(iii) Continue with our year round communications campaign to shop locally under the slogan Live, Love, Local (or with an amended slogan in future if required) which helps to promote local small businesses and encourage residents and visitors to North Devon to buy local produce. Council recognises that buying local produce reduces the carbon footprint and helps in the fight against climate change.

 

(iv) Look for further ways to increase shopper numbers around Small Business Saturday and in the lead up to Christmas.

 

(v) Press for a speed up in the provision of superfast broadband in our rural areas.

 

RESOLVED that the minutes of the meetings held on 29^th September, 5^th and 20^th October 2021 (circulated previously) be approved as correct records and signed by the Chair.

 

                     RESOLVED that Councillor Henderson be appointed as Chair.

 

The Sub-Committee considered a report for the application for a grant of a hackney carriage and private hire driver’s licence (reference PFND0011) (circulated previously).

 

The Chair introduced himself and invited those present to introduce themselves.

 

The Legal Officer outlined the hearing process.

 

The Public Protection Manager addressed the Sub-Committee and confirmed the applicant’s personal details.

 

The applicant confirmed those details to be correct.

 

The Public Protection Manager presented the Licensing Officer’s report. In doing so she confirmed the following to the Sub-Committee:

 

·       The Disclosure and Barring Service (DBS) check revealed five spent convictions. This included one offence of Indecent Assault on a male under 16, under the Offences Against the Person Act 1861, s41. The date of conviction was 5^th June 1985.

 

·       Following the checks with the DVLA a driving endorsement offence TT99 “Totting-up” was identified. The Licensing Authority sought clarification from the applicant who then advised that he had lost his driving licence for six months from 13^th September 2019.

 

The Public Protection Manager presented the Sub-Committee with the Constitutional context and Legislation relevant to the application and section 4.12 of the licensing policy which covered the definition of whether an applicant is a ‘fit and proper person to hold a licence’.  She reconfirmed to the Sub-Committee the following from the Statutory Taxi and Private Hire Vehicle Standards, published by the Secretary of State for Transport under Section 177(1) of the Policing and Crime Act 2017, in particular (unless there are compelling reasons not to) – “Where an applicant has a conviction for any offence involving or connected with illegal sexual activity, a licence will not be granted”.

 

The Applicant addressed the Sub-Committee. He advised that he had not been aware that his past criminal record would be taken into account in the application process.

 

In response from the Sub Committee, the Applicant confirmed that the 12 points on his driving licence (which were “totted up”, resulting in the loss of his licence) were all received for speeding offences. He had originally omitted this information on his application in error, but had confirmed them when asked by the Licensing Officer.

 

The Corporate and Community Services Officer read a reference from the applicant’s most recent employer to the Sub-Committee.

 

RESOLVED that everyone be excluded from the meeting with the exception of Members, the Chartered Legal Executive and Corporate and Community Services Officer in order for the Sub-Committee to receive legal advice in accordance with paragraph 5 of Schedule 12A of the Local Government Act 1972.

 

RESOLVED, that everyone be re-admitted to the meeting.

 

The Chair requested that the Corporate and Community Services Officer read the proposed decision, which was voted upon.

 

RESOLVED that the application for a Hackney Carriage and Private Hire Licence be REFUSED (unanimous) as;

 

a)    The Applicant’s driving record of serving a six-month driving ban in 2019 for “Totting-up offences” are relevant and serious enough to justify the refusal to grant a licence,

b)    Whilst the Council had a policy in place in respect of the relevance of convictions, this had yet to be amended to take into consideration the Department for Transport (DfT) Statutory Taxi and Private Hire Vehicle Standards, July 2020, and

c)    That the Applicant had a conviction for a historical sexual offence, which was confirmed as a reason for refusal as per the DfT standard.

 

The Chair advised the applicant of his appeal right within 21 days of notification of the decision and it was noted that such notification was on 17^th November and not from any later date of communication.

 

RECOMMENDED:

 

(a)  That under Section 100A (4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following items as they involve the likely disclosure of exempt information as defined in Paragraph 7 or Part 1 of Schedule 12A of the Act (as amended from time to time), namely information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime; and

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