Agenda and minutes

Information on public speaking is available online

There were no members of the public present.

To confirm the minutes of the meeting held on 4 October 2018

The minutes of the Scrutiny Committee held on the 4 October 2018 were confirmed and signed as a true record.  Cllr Gardner indicated by email that she wanted to ask when members would get an update for the items outstanding from minute 25 on 4 October, the Electoral Services update.  The Returning Officer, Mark Williams, was present and provided an update verbally at the meeting on the recommendations requiring his input as follows; 

1.     That consideration be given to offering training to agents and candidates of political parties in line with Electoral Commission guidelines – training will be offered but attendance cannot be mandated, and a short document will be produced highlighting key points for candidates at the point of their confirmation of acceptance and nomination. Mark pointed out that the legal status of agents and candidates was such that candidates were responsible for actions taken by their agents.

2.     That the Committee endorse the increase in staffing resource when necessary to secure the effective running of elections – this is duly noted and there are four members of staff employed presently.

3.     That a documented proofing procedure for the printing of election materials is developed – this is duly noted. At present the emphasis is getting the register sorted out before 1 December, but immediately following that procedure notes will be put in place.

The Chair announced that it was his sad duty to recognise the loss of a good friend and valued colleague in Councillor Bill Nash who is no longer with us. He invited colleagues to make comments. Councillor De Saram shared his memories of Councillor Nash. Members stood for a moment in his memory.

Guidance is available online to Councillors and co-opted members on making declarations of interest

Councillor Roger Giles – Minute 36, Update report on Street Trading ; Type of interest – Personal interest; Reason – Member of Plastic Free Ottery

Councillor Mike Howe – Minute 34, Resolution by Cabinet of 31 October to refer a recommendation back to Scrutiny Committee ;Type of interest – Personal interest; Reason – Owns a local business.

The Chair referred to a letter he had received in relation to St John’s Court, Exmouth, the future of which had been debated at a meeting of the Scrutiny Committee in October 2016 and resulted in several recommendations. He read out the letter of I November, which was from the Secretary of State for Health & Social Care to Mrs Dot Taylor, confirming that the Devon Partnership NHS Trust had no plans to dispose of the site.

On 4 October the Scrutiny Committee made a recommendation to Cabinet on 31 October relating to Minute 26 Review of Economy & Regeneration Services and the Growth Pont team service Plans 2018/19, as follows,

“that the Council should aim to boost resilience of the economy and develop a self-sufficient economy as much as possible, whilst maintaining an international focus”.

The item is for members to consider whether further action is required.

On 4 October the Scrutiny Committee made a recommendation to Cabinet on 31 October relating to Minute 26 Review of Economy & Regeneration Services and the Growth Point Team service plans 2018/19, as follows;

“that the Council should aim to boost resilience of the local economy and develop a self-sufficient economy as much as possible, whilst maintaining an international focus”.

At Cabinet, clarification was sought which the Chair was unable to provide at the time and the recommendation was referred back. Following communication with Councillor Rylance who had proposed the recommendation, the intention had been to provide support for indigenous businesses in East Devon. Mark Williams clarified that Cabinet wanted to focus resources where they could have maximum impact and whilst support for boosting the local economy was understood, the introduction of an international focus created two aims which would be difficult to resource. The important element of this issue was to encourage businesses to start, stay and grow, and there should be reference to the Enterprise Zone.  The Chair proposed the following recommendation back to Cabinet.

RECOMMENDED to Cabinet

“That the Council should aim to build a resilient local economy which is as self-sufficient as possible, at the same time as encouraging exports from local businesses and foreign direct investment which benefits the local economy and with particular reference to the Enterprise Zone.”

Following the Scrutiny Committee meeting on 6th September, the Chairman formally made a request for Karen Jenkins to raise at the next Senior Management Team

(SMT) meeting on 19th September, in relation to issues debated by Scrutiny members.

In order to have more detail on the volumes of prosecutions relating to Tree

Protection Orders (TPO) breaches which are considered by the Development

Management team, and facilitate a better understanding of the numbers of potential breaches which are not considered to warrant further action, SMT were asked to consider the introduction of a Key Performance Indicator (KPI) relating to damage/removal of trees and initiation of legal proceedings.

At the last meeting on 4 October Karen Jenkins confirmed that this had been discussed and regarded as a good idea, and Service Leads were considering the wording of a KPI which the Committee would be made aware of.

In response to this, the Service Lead for Planning has provided a list of the tree related enforcement cases recorded on the system since the start of 2017 with a brief summary of the case and the outcome. From this data it can be seen that:

·         EDDC has investigated 26 tree related cases since the start of the 2017.

·         Only 6 cases amounted to a breach of the legislation and of them one was successfully prosecuted and fined, in 2 cases a replacement tree was secured and in the remainder there was insufficient harm or evidence to justify further action.

·         There are 6 cases currently being investigated.

This data was produced by searching the system for cases referring to trees in the description of the case and then reading the officers’ case notes to determine what happened with the case. This is currently the only way to produce data on tree enforcement cases as the system does not allow officers to distinguish between tree cases and the other 700 enforcement cases EDDC investigate each year and it does not facilitate an explanation of why cases were closed.

Accordingly, this is a resource intensive exercise which would make it difficult to undertake on a regular basis. However the data does provide some reassurance that

EDDC deals with these matters seriously and investigates all cases that are reported in order to take appropriate action.

Members are asked to consider this information and identify whether there are any issues to be addressed and to determine what kind of information is needed going forward, and whether a KPI is still required.

Following the Scrutiny Committee meeting on 6^th September, the Chairman formally made a request for Karen Jenkins to raise at the next Senior Management Team (SMT) meeting on 19th September, in relation to issues debated by Scrutiny members.

SMT was asked to consider the introduction of a Key Performance Indicator (KPI) relating to damage/removal of trees and initiation of legal proceedings. In response to this, the Service Lead for Planning provided a list of the tree related enforcement cases recorded on the system since the start of 2017, with a brief summary of the case and the outcome.

Mark Williams clarified that from the information it can be seen that action is taken when necessary, but also that it is not feasible to take action in a lot of cases. With KPIs it is necessary to check if they focus on the right things, and what the key issue is in relation to trees. Whether there are enough trees and whether more should be planted across the district, rather than focussing on the reactionary issues such as complaints which are being dealt with.

Mark Williams confirmed that at the meeting of the Senior Management team, it had been suggested that the team which was responsible for this area of work, the Tree Team, should be invited to identify which measures might be effective in dealing with these issues. He suggested that members wait for officers to report back on measures they considered would be helpful.

Councillor Howe confirmed that the Countryside Team were engaged in a Systems Thinking Review and the Planning Team was putting a new IT system in place, so they needed time to consider options before reporting back to committee.

The Chair proposed that a performance measure in relation to trees was desirable and officers would be asked to explore this and report back to Scrutiny Committee.

RECOMMENDED to the Service Leads for Countryside & Arts, and the Planning Service

“That officers consider key issues in relation to trees across the District, particularly whether there should be more planting, with a view to proposing a new Key Performance Measure and reporting back to Committee in six months time.”

The purpose of this report is to provide an update for the Scrutiny Committee on the implementation and delivery of Street trading since changing to a Consent designation on 2 October 2017.

This report provides an update for the Scrutiny Committee on the implementation and delivery of Street Trading since changing to a Consent designation on 2 October 2017.

Comments and questions included the following;

Question relating to paragraph 3.3. Has this led to an increase in street cleansing due to litter? The response was that the Licensing team work closely with the Streetscene team, developing a strategy for all major events to coordinate activities. There is a requirement for traders to take litter away, which is checked.

Question relating to paragraph 4.3. Has anything resulted from Street Trading which has had an adverse impact on established businesses? The response was that this has not been noticed at present. The team are mindful of possible impacts and it is a policy to review applications which conflict with local businesses.

Question relating to paragraph 5.2. There are groups such as Plastic Warriors which operate in Sidmouth effectively, so how can we encourage such groups to develop across the district?

The response was that there are other groups such as in Ottery St Mary, which operate deposit schemes to deal with plastics at events like Tar Barrels. The team will seek to encourage this with all large planned events.

The Chair confirmed that the clean up after Tar Barrels was a spectacular and comprehensive success through initiatives such as the £1 deposit scheme on plastic mugs.

Question relating to situations if traders were not willing to address the issues. Steve Saunders confirmed that legislation allowed the team to create conditions on the application. This issue could be factored into license conditions and was an area of work to be developed further in 2019.

Question relating to Cranbrook. Cranbrook is designated a healthy town according to NHS regulations, so why was it allowed to have another take-away license approved?  Steve Saunders confirmed that it appeared to be an emerging trend of traders from elsewhere to try to operate in Cranbrook. On this particular issue, the Town Council did not object to the street trader but a resolution was subsequently passed on whether to object or not. The licensing team are currently awaiting a view from the Town Council.

Question. Will there be a review of commercial charges for businesses in spring 2019, which would increase resources and enable greater control? Can food hygiene certificates be displayed? The response was that a report was taken to the Licensing & Enforcement Committee this week on this matter and a further report would be prepared for February identifying a fee structure for commercial premises. There are businesses reacting to changes in licence applications, and there is an option to review existing licences. This will be developed further in 2019.

Question relating to staffing in the Licensing team. Has an extra full time post been created in the team? The response is that a post was factored into the budget for 2015/16 and is now in place.

Question relating to comparative statistics. Are any statistics available to compare the situation  ...  view the full minutes text for item 36.

At its meeting on 5 July, Scrutiny Committee agreed to review existing service plans ahead of the formal budget setting process, and specifically to receive presentations on existing service plans at its forthcoming meetings prior to February 2019. The review will continue with consideration of the current service plans for the Planning & Planning Policy Service and Streetscene inviting the Portfolio Holders for Strategic Development, Development Management and the Environment, Strategic Lead and Service Leads, to attend.

This item is the third of a series of reviews of existing Service Plans which may result in recommendations from members related to service planning and budget setting in the future.

At its meeting on 5 July, Scrutiny Committee agreed to review existing service plans ahead of the formal budget setting process, and specifically to receive presentations on existing service plans at its forthcoming meetings prior to February 2019. The review continues with consideration of the current service plans for the Planning & Planning Policy Service .

The Chairman stressed that questions and comments should be about the service plan, and should not go into planning and strategic planning issues where the remit rests outside the Scrutiny Committee.

Comments and questions included the following;

Question relating to Item 9 of the Service Plan. Are there lessons to be learnt about appeals which are lost?  Ed Freeman confirmed that there are always lessons to be learnt about appeals and there is a monthly report to Development Management Committee (DMC) and an Annual Report on the issue. The performance of EDDC is on a par with other Local Authorities, with approximately two thirds of appeals being dismissed and one third being upheld.

Question relating to Item 15 of the Service Plan. Where can the Brownfield Land Register be accessed?  Response, on the website.

Question relating to Items on page 10 of the Service Plan – building control and high quality homes. Which of the big developers use their own building control services, and does quality suffer as a result?  Ed Freeman confirmed that the Council do not have building control in every development across the District but do have a good market share. In some developments, inspections are not as thorough or as frequent when private companies inspect, compared to when the Council do. However, all developers have to comply with legislation and standards.  In the case of unhappy customers, following Grenfell, there has been a review of Building Standards and inspections, so changes to legislation are anticipated.

Question relating to Items on page 11 of the Service Plan – District Design Guide. Is there a move to ensure minimum home space standards are adopted?  The response was that the Design Guide cannot deal with this issue which must be addressed through the Local Development Plan, which will be reviewed next year, and through similar documents like the Cranbrook Development Plan.

Question relating to whether the Design Guide will be completed by late 2018. The response was that the Design Guide has been delayed due to the officer resource being committed to the production of the Heritage Strategy, which has been completed on time. The Design Guide should be ready before March 2019 and ready to send out for consultation.

Question relating to flood mitigation measures. Exmouth continue to have problems including sewerage entering people’s homes. With heavy rainfall and high tides, water cannot run off to the Exe and so flooding the streets, hence the reason for a Tidal Defence Scheme which will cost £13m. The system was constructed in Victorian times and cannot keep up with new developments, but 700+ houses are planned for the area. A conversation is required with South  ...  view the full minutes text for item 37.

As item above in relation to the Streetscene service plan.

Andrew Hancock introduced this item and made the following points;

-          Streetscene is EDDC’s largest frontline service area, accounting for over half the total general fund budget at around £9m.

-          Streetscene is one of the council’s services that affects every resident and visitor through the broad range of service areas it covers.

-          It covers Beaches (visitor economy, seaside awards, tourist draw), Grounds Maintenance, Parks and Gardens, with 2 award winning Green Flags at Connaught and Manor. Public toilets and public realm maintenance, Engineers who look after all of the built infrastructure outside such as bridges, coastal defence schemes and flood alleviation. Street cleansing helping to maintain the outstanding environment and making the landscape an area people want to live in, visit and enjoy.

-          The largest single area of spend is the Recycling & Waste contract with a net cost of £3.5mil (all figures rounded). This achieves an income of around £1.5 mil through recycling sales and credits. Green Waste is set to achieve almost £100k in income in 2019/20.

-          There is a large staff base with 107 FTEs, 80 of these are frontline service operatives.

-          StreetScene services underpin many of the council’s aims and objectives. This is done directly by delivering, promoting and protecting the outstanding environment through keeping things clean and green, providing award winning beaches and parks; or by supporting other objectives such as outstanding communities and economies by providing opportunities for health and wellbeing activities, great beaches and public spaces that help to support the visitor economy and the ability to support corporate projects such as Queens Drive Space to make them a success.

-          When the work goes well, it goes largely unnoticed, and this is the case most of the time.

-          It is known that residents are largely satisfied with the services provided; the recent Viewpoint survey feedback has scores around 70% and above for the services EDDC provides. Some headlines are:

o   90% satisfaction with the recycling green box collection

o   83% satisfaction with the rubbish bin collection service, after moving to 3 weekly. This really shows the success of leading with the improved recycling service, meaning residents can cope with their rubbish being collected every 3 weeks, as so much waste is now able to be recycled.

o   75% satisfied with parks and gardens.

o   85% satisfaction with beaches.

o   71% think litter is not a big problem.

-          Full viewpoint feedback is available on the website.

Comments and questions included the following;

Question relating to the replacement of litter bins. Bins are not in the current plan but will be in the next plan for 2019/20. E.g There will be metal bins for Barbecues and more public information signs.

Question relating to Seaside and Blue Flag awards. The response was that a Seaside award will be sought for Sidmouth and a Blue Flag award will be sought for Exmouth. The latter does not just rely on water quality, but infrastructure issues such as lifeguards being available and  ...  view the full minutes text for item 38.

The Chair asked members for any pressing issues with this report. None were raised, so it was duly noted.

The Chair raised the issue of the referral from DMC on 30 October involving SW Water, and extending an invite from the Scrutiny Committee to a representatives to attend a future meeting. This was agreed and they would be asked to attend one of the meetings in early 2019, as soon as possible.

In relation to Broadband, and given the highly critical email circulated recently about Gigaclear, it was agreed to discuss the issues earlier than in six months’ time as suggested at the last meeting.

Cllr De Saram had circulated a Scrutiny Flow Chart from Devon County Council which he suggested that members read with a view to using it in the drafting of the Annual Report from the Chairman on the work of the Committee. This was agreed.

Members agreed to consider a review of how the system of S106 and CiL monies was operating.

Cllr Rixson suggested that there was a review on the health of our High streets. The Chair requested that Cllr Rixson draft a scoping paper on the issues and circulate it to members.