Agenda and minutes

Venue: Council Chamber, Blackdown House, Honiton

Media

Items
No. Item

29.

Public speaking

Information on public speaking is available online

 

Minutes:

There was one member of the public wanting to speak.

Peter Cowper representing Exmouth Museum was in attendance to provide some background information to the application for a loan for the museum made to East Devon District Council (EDDC). He referred to the various phases of development over time and that there was now a wish to purchase the building from South West Water. They intended to fundraise in order to reduce the loan as much as possible.

30.

Minutes of the previous meeting pdf icon PDF 412 KB

Minutes:

The Chairman moved the minutes of the last meeting of Council and signed them as a true record.

31.

Declarations of interest

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

 

Minutes:

37. Minutes of Cabinet held on 2 October (Minute number 71) Loan request by Exmouth Museum.

Councillor Eileen Wragg, Personal, Member of Exmouth Museum.

 

37. Minutes of Cabinet held on 2 October (Minute number 68) Asset Devolution Programme Pilot.

Councillor Geoff Pook, Personal, Chair of Beer Parish Council.

 

37. Minutes of Cabinet held on 2 October (Minute numbers 71) Loan request by Exmouth Museum. .

Councillor Steve Gazzard, Personal, Chair of Exmouth Museum Trustees.

 

36. Council held on 23 October. (Minute number 36) Motion: Tackling Poverty in East Devon.

Councillor Ian Hall, Personal. As a County Councillor he was involved in work on food waste and food banks.

 

42. Council held on 23 October. (Minute number 42). Motion:  National Park for Dorset & East Devon and the Glover Review.

Councillor Luke Jeffery, Personal, Member of National Trust.

 

42. Council held on 23 October. (Minute number 42). Motion:  National Park for Dorset & East Devon and the Glover Review.

Councillor Phil Twiss, Personal, Member of National Trust.

 

32.

Matters of urgency

Information on matters of urgency is available online

 

Minutes:

There were no matters of urgency which were not already included on the agenda.

33.

Announcements from the Chairman and Leader

Minutes:

The Chairman had several announcements to make.

Starting with an Obituary, the Chairman informed the meeting that Honorary Alderman John Glanvill had passed away on Monday 9 September, and that he had written to his family to pass on the condolences of the Council.

John Glanvill had been a County and District Councillor, and after being elected in 1995 served as an East Devon District Councillor for the Woodbury ward for 12 years, until he became an Honorary Alderman in 2007. During his time on the Council he was a member of many of the major committees.

 

Secondly, in relation to work being progressed by the Council with its partners to tackle Climate Change, there would be a Climate Change workshop for Members prior to the next Council meeting on 11th December at 3.30pm.

 

Finally, the Chairman took the opportunity to address the addition of two motions (Minutes 36 and 43 refer) as urgent items and to answer a question he had been asked in relation to them.

 

While the Chairman agreed with the interpretation of the Constitution and the application of the Procedure Rules by the officers to refer these matters, he was also aware that as a new Council with a significant proportion of new Members, not everyone yet understands the role of Council and how Council business is most effectively carried out. The Chairman hoped that debate on these motions would help Members see that a motion to Full Council is not always the most appropriate way to deal with matters, and that where matters are already being considered elsewhere within the Council that it will often be more appropriate to deal with the issues by way of those different bodies.

Accordingly, the Chairman hoped that Members would consider what would be best for the Council when considering the motions, particularly bearing in mind the lack of detailed analysis of the issues by officers which would include the financial impact on the Council. It would be quite legitimate for Members to decide that a particular matter was not immediately relevant, as the Proper Officer initially had, and refer motions to another body to consider in accordance with the procedure rules.

 

On this occasion, the Chairman decided not to reject the requests and leave the motions to be referred on the basis they were not immediately relevant to Council, but as the conscience of the Council took action to ensure that the views of Members and interests of the community were considered in a timely manner in relation to the matters covered by the motions.

Accordingly, the above reasons represented special circumstances such that he was prepared to use his discretion to allow these items to be added as urgent items to the agenda.

Cllr Jess Bailey raised a point of order, asking for the Monitoring Officer to give some advice on whether the Local Government Act 1972 permitted items to be added after an agenda had been published. The Monitoring Officer confirmed that the Act did permit items to be added after an agenda was published.

 

 

34.

Confidential/exempt item(s)

To agree any items to be dealt with after the public (including the Press) have been excluded. Thereare no itemswhich officersrecommendshould be dealtwithin thisway, but if confidential minutes from Cabinet and/or the Council’s Committees are being discussed, Officers may recommend consideration in the private part of the meeting.

 

Minutes:

There were none.

35.

To answer questions asked by Members of the Council pursuant to Procedure Rules No. 9.2 and 9.5 pdf icon PDF 461 KB

Minutes:

Thirty six questions had been submitted in accordance with Procedure Rule 9.2 – the questions and answers were circulated and published with the agenda. Councillors submitting questions were entitled to put a related supplementary question (Procedure Rule 9.5). A summary of the supplementary question asked and response is set out below.

 

Q1 Supplementary - Cllr Gardner asked whether the windfall from the sale of the Knowle would be used to reduce the budget deficit currently faced by EDDC and so avoid cutting council services?

In response, the Leader stated that the money referred to would go into the Capital Fund which would be reviewed and then spent accordingly.

 

Q5 Supplementary – Transformation Portfolio. Cllr Millar asked when the decision was made not to have a Transformation Portfolio Holder, was it before or after his replacement and following questions to the group?

In response, the Leader stated that the role originally envisaged had changed due to the considerable work done across the Council over recent months and there would be more emphasis on aspects of transformation such as commercialisation and climate change becoming part of the role of all Portfolio Holders.

 

Q7 Supplementary – Council customers. Cllr Millar said that he was disappointed with the response to his question on the basis that people entering a shop as customers have a choice, whereas people have no choice with services provided by a Council. Would it not be better to call them stakeholders?

 

In response, the Leader stated that councillors were representatives of local people and needed to recognise them in many roles, e.g. as taxpayers, local residents and tenants amongst others, but it was not for the Council to assign labels to them.

 

Q14 Supplementary – Executive Pay. Cllr Millar stated that whilst salaries had been frozen since 2012, this was at a very high level for the senior management team whose combined salaries amounted to about £1.4m. Why were these not being reviewed along with other aspects of the Council’s budget?

 

In response, the Leader queried what type of review could take place since it would not be appropriate to suggest reducing salaries.

 

Q17 Supplementary – Non-disclosure agreements. Cllr Millar said that in November 2018 the Exmouth Journal reported that about £200k had been spent on gagging orders over a 4 year period, which the Leader had stated were inappropriate at the time. Could he explain why he had changed his mind to consider that this was now appropriate?

 

In response, the Leader said that it had to be seen in the context of situations facing Local Authorities and specific circumstances. The matter when initially raised related to concerns that they were being used to prevent people from speaking about wrong-doing. However, EDDC use non-disclosure agreements in situations when an individual wants to leave the organisation and a mutual agreement is negotiated which protects their privacy, which is appropriate. However, if a Local Authority acts illegally and attempts to stop people raising the issue by using non-disclosure agreements, then that would be illegal and he could not support it.

 

Q19 Supplementary – Decision-making. Cllr Millar referred to issues raised at the last Council meeting when Members were asked to approve the appointment of a new Standards Committee member. Most members present did not understand the process or what they were being asked to vote on.

In response, the Leader said that each Local Authority goes through a learning curve and mistakes are made by both Cllrs and officers. It is hoped that we learn from such mistakes.

 

Q25 Supplementary – Cllr De Saram asked what measures had been put in place to ensure that existing funding arrangements are going to continue in relation to the Syrian Vulnerable Persons Scheme.

 

In response, the Portfolio Holder for Sustainable Homes & Communities stated that this Council was doing well presently by housing four families and that it was waiting for the outcome of the latest Government review. If all Local Authorities did as well as EDDC the situation overall would be a positive one across the country

 

Q26 Supplementary – Cllr Allen asked how much it cost for the Council to carry out equality impact assessments, and whether it would undertake the same actions in relation to a green strategy and poverty?

 

In response, the Leader said that a written response would be provided to this question.

 

Q27 Supplementary – Cllr Loudoun asked if the Leader would agree that it was acceptable and appropriate for a local councillor to become actively involved in a local campaign which reflected the overwhelming opinion of local residents which may be to oppose a planning application, without risk to their personal role or becoming subject to concerns by officers?

 

In response, the Leader said that it would depend entirely upon the circumstances, and factors such as what committees a local Cllr was a member of. For example in the case of planning applications it would not be appropriate for a member of the Development Management Committee to become involved in a local campaign. He advised that Cllrs should always consider the specific circumstances in relation to their role.

 

Q28 Supplementary – Cllr Loudoun asked whether the Leader would agree that at any meetings or during discussions with developers, and particularly in relation to planning applications or when decisions are made by or on behalf of the Council, a formal record should be kept of what occurred, and if he does not agree, why not?

 

In response, the Leader agreed that this seemed to be entirely appropriate and a good suggestion.

 

Q29 Supplementary – Cllr Loudoun said that if asked in future meetings, whether the Chairman could simply set out precisely what Members are being asked to vote on, especially in relation to points of order, to avoid any doubt?

 

In response, the Leader said that this was fine advice. Patience was needed moving forward and that it was recognised that a number of Members were unfamiliar with the rules of procedure and debate.

 

Q31 Supplementary – Cllr Rylance wanted to point out that since the elections in May, the composition of the Council had altered to have a more diverse demographic which was very positive because it included younger, working people who had families. However, there were many meetings during the half term holiday which caused difficulties for members, and so meetings should be scheduled in future so that they do not coincide with school holidays.

The Chairman confirmed that since this was a statement rather a question it required no response.

 

Q34 Supplementary – Cllr Skinner stated that he was unclear about how the private sector was going to be engaged in the Exmouth regeneration plans. How will work between the private and public sector be taken forward?

 

In response, the Leader stated that the Cabinet considered that the Exmouth Regeneration Board had worked well but that it was time for EDDC to take more responsibility for what happened on land owned by the Council, and time for a review and refresh. He had heard that aspects of the project would take another three years and wanted to move it on and shorten this projection to two years. They would ensure contact with the private sector continued and that representatives would be invited to the Delivery Group if appropriate.

 

Q35 Supplementary – Cllr Skinner asked about EDDC intentions in relation to the Harbour View Café, and what was the timescale for the Harbour View Café’s development?

 

In response, the Leader said that the intention was to ensure that the Delivery Group decided on that, but he wanted them to get moving on it quickly. They were awaiting feedback from the Hemingway consultation on 14th November and may decide to have another presentation.

 

Cllr Mike Allen raised procedural motion (Rule 11c) to re-order the agenda to put item 14 on poverty before item 9 (Committee reports).

The Monitoring Officer explained that according to procedure, a vote was needed to decide whether to re-order the agenda or not.

Cllr Allen proposed a re-ordering, which was seconded by Cllr Skinner. This proposal was voted on and carried by a majority.

 

 

36.

Motion: Tackling Poverty in East Devon

This council is seeking new ways to help those in poverty. 

We support the proposal of the Overview Committee to consider, within the corporate plan, a recent range of proposals on poverty and the willingness of Cabinet to assess the costs and to set up a working group on poverty.

 

We therefore propose that this council resolves to include within its Corporate Plan the following aspirations: 

  1. That no one in East Devon is destitute without immediate help
  2. That nobody should be in involuntary poverty for more than two year’s duration 

Council further resolves that all Corporate Plans, strategies and Service Plans shall be subject to “poverty proofing” which means a poverty impact assessment will be made and reported to Overview Committee of the effect of the strategy or service plan on those in poverty 

 

Proposed by Councillor Mike Allen

Seconded by Councillor Paul Millar

Supported by Councillors Cathy Gardner, Paul Arnott, Bruce De Saram, Eileen Wragg and Andrew Moulding

 

Minutes:

The Chairman invited Cllr Allen as proposer to speak to the Motion.

He referred to the lack of focus on tackling poverty and the need to assess impacts on poverty before developing policies and partnerships.

The Chairman invited Cllr Millar as seconder to speak. He stated that the motion was not about creating red tape, but embedding poverty assessments into all of the Council’s processes.

 

Comments from Members included the following;

·         The motion looked too open ended to make a cost assessment and EDDC was obliged to work within a balanced budget.

·         The Council was awaiting a report on the issues in November. Council should wait to hear the report before deciding what to do or voting on the proposed motion.

 

Cllr Armstrong wanted to propose an amendment to the motion. She outlined that on the basis of a motion agreed by Council in December 2018, work had begun subsequently to analyse what more the Council could do to tackle poverty and a report is due to be taken to Overview Committee on 14th November. Once the report is presented further work can proceed, which will include the cost implications for the Council.

 

The amendment proposed was as follows;

“This council is seeking new ways to help those in poverty.

Following on from the work carried out by our Housing and Revenues and Benefits Service Leads into poverty in East Devon, we support the proposal to set up a working group to study these issues as identified in their report.

This group to then propose a strategy to address these issues. It should identify how the implications of poverty can be recognised in the Council Corporate Plan.  It will also assess the costs and methodology of implementing a ‘poverty proofing’ and poverty impact assessment into all corporate plans, strategies and service plans.”

 

The amendment was seconded by Cllr Geoff Pook.

 

Following further debate, the Leader pointed out that it was the previous administration which had put in place the course of action currently underway, but by supporting the motion it would appear that the Council was trying to scupper it. Having waited eleven months, Members should receive the report before proceeding.

 

The Chairman asked the proposer of the amendment to speak.

Cllr Armstrong stated that she was not trying to delay the work on poverty or oppose the principle of the motion, but merely proposing a logical sequence of work by receiving the report and acting upon the information contained within it.

 

The Monitoring Officer explained the rationale for the original referral of the motion as previously outlined by the Chief Executive.  He then went on to read out the amendment, proposed by Cllr Armstrong and seconded by Cllr Pook.

 

The Chair invited members to vote on the amendment. It was lost with 29 voting against and 24 voting in support.

 

The Chairman asked the proposer of the motion, Cllr Allen to give his reply. He then invited members to vote on the motion.

Cllr Pook asked for a recorded vote.

 

The Monitoring Officer asked for a show of hands on whether to proceed to a recorded vote. This was agreed by a majority.

 

The Chairman read out the motion as shown in the agenda. Following a recorded vote the motion was carried by 38 for and 18 abstaining.

Those in favour were Cllrs; Allen, Arnott, Barrow, Bickley, Brown, Caygill, Chapman, Chubb, Colman, Davey, De Saram, Dent, Gardner, Gazzard, Hall, Hartnell, Hayward, Howe, Jackson, Jeffery, Key, King, Ledger, Loudoun, Manley, Millar, Moulding, Parr, Pepper, Ranger, Rixson, Rylance, Skinner, Taylor, Twiss, Woodward, Wragg, T.Wright.

Those abstaining were Cllrs; Armstrong, Bailey, Blakey, Bloxham, Bond, Faithfull, Hawkins, Hookway, Ingham, Jarvis, Johns, Jung, McCollum, McLauchlan, Pook, Pratt, Rowland, Thomas.

 

 

 

RESOLVED;

 

This council is seeking new ways to help those in poverty. 

We support the proposal of the Overview Committee to consider, within the corporate plan, a recent range of proposals on poverty and the willingness of Cabinet to assess the costs and to set up a working group on poverty.

 

We therefore propose that this council resolves to include within its Corporate Plan the following aspirations: 

1.    That no one in East Devon is destitute without immediate help

2.    That nobody should be in involuntary poverty for more than two year’s duration 

 

Council further resolves that all Corporate Plans, strategies and Service Plans shall be subject to “poverty proofing” which means a poverty impact assessment will be made and reported to Overview Committee of the effect of the strategy or service plan on those in poverty.

 

 

37.

Reports from the Cabinet and the Council's Committees and questions on those reports pdf icon PDF 232 KB

37a

Minutes of Cabinet held on 4 September 2019 Minute numbers 36 - 54 pdf icon PDF 198 KB

Additional documents:

Minutes:

Cllr Ingham presented the minutes of Cabinet held on 4 September. These were agreed.

37b

Minutes of Cabinet held on 2 October Minute numbers 55 - 73 pdf icon PDF 190 KB

Minutes:

Cllr Ingham presented the minutes of Cabinet held on 2 October. Members were informed that under Minute 71, Loan Request by Exmouth Museum, this should have been a recommendation to Council and not a resolution. This was noted, and the minutes were agreed.

37c

Minutes of Scrutiny Committee held on 18 July Minute numbers 11 - 20 pdf icon PDF 177 KB

Minutes:

Cllr Dent presented the minutes of the Scrutiny Committee held on 18 July. These were agreed.

37d

Minutes of Joint meeting of the Overview & Scrutiny Committees held on 5 September 2019 Minute numbers 1- 7 pdf icon PDF 212 KB

Minutes:

Cllr Dent presented the minutes of the Joint Overview and Scrutiny Committees held on 5 September. These were agreed. He also wanted to thank all of those Cllrs and officers who attended and provided a wide range of information which would assist members in their preparation for the Joint Budget meeting to be held in January 2020.

 

37e

Minutes of Scrutiny Committee held on 3 October 2019 Minute numbers 21 - 30 pdf icon PDF 127 KB

Minutes:

Cllr Dent presented the minutes of the Scrutiny meeting held on 3 October. These were agreed.

37f

Minutes of Overview Committee held on 27 June Minute numbers 1 - 8 pdf icon PDF 108 KB

Minutes:

Cllr Hookway presented the minutes of the Overview Committee held on 27 June. These were agreed.

37g

Minutes of Overview Committee held on 25 July 2019 Minute numbers 9 - 18 pdf icon PDF 135 KB

Minutes:

Cllr Hookway presented the minutes of the Overview Committee held on 25 July. These were agreed.

37h

Minutes of Overview held on 29 August 2019 Minute numbers 19 - 27 pdf icon PDF 162 KB

Minutes:

Cllr Hookway presented the minutes of the Overview Committee held on 29 August. These were agreed.

37i

Minutes of Housing Review Board held on 12 August 2019 Minute numbers 22 - 28 pdf icon PDF 168 KB

Minutes:

Cllr McCollum presented the minutes of the Housing Review Board held on 12 August. These were agreed.

37j

Minutes of Housing Review Board held on 19 September 2019 Minute numbers 29 - 44 pdf icon PDF 260 KB

Minutes:

Cllr McCollum presented the minutes of the Housing Review Board held on 19 September.

 

Arising from consideration of the minutes:-

Ø  Housing Review Board of 19 September, minute number 29 – Public Speaking

            Cllr Ian Hall wanted to point out that the service by EDDC to its tenants was of a much higher standard compared to other housing providers, and wanted to request that a meeting is arranged in the new year to bring other housing providers together with EDDC, in order to provide more consistency in service standards in future.

              The Leader asked for this to be put onto the agenda for a future Overview Committee meeting so that an informed plan could be developed.

 

The minutes were agreed.

37k

Minutes of Strategic Planning Committee held on 20 August Minute numbers 9 - 17 pdf icon PDF 185 KB

Minutes:

Cllr Bond presented the minutes of the Strategic Planning Committee held on 20 August. These were agreed.

37l

Minutes of Development Management Committee held on 9 July Minute numbers 17 - 29 pdf icon PDF 265 KB

Minutes:

Cllr Howe presented the minutes of the Development Management Committee meeting held on 9 July. These were agreed.

37m

Minutes of Development Management Committee held on 6 August 2019 Minute numbers 30 - 40 pdf icon PDF 165 KB

Minutes:

Cllr Howe presented the minutes of the Development Management Committee meeting held on 6 August. These were agreed.

37n

Minutes of Development Management Committee held on 3 September 2019 Minute numbers 41 - 50 pdf icon PDF 260 KB

Minutes:

Cllr Howe presented the minutes of the Development Management Committee held on 3 September. These were agreed.

37o

Minutes of Development Management Committee held on 1 October 2019 Minute numbers 51 - 60 pdf icon PDF 162 KB

Minutes:

Cllr Howe presented the minutes of the Development Management Committee held on 1 October. These were agreed.

37p

Minutes of Licensing & Enforcement Committee held on 18 September 2019 Minute numbers 9 - 15 pdf icon PDF 149 KB

Minutes:

Cllr Jarvis presented the minutes of the Licensing & Enforcement Committee held on 18 September. These were agreed.

37q

Minutes of Licensing & Enforcement Committee held on 16 October 2019 Minute numbers 16 - 25 pdf icon PDF 177 KB

Minutes:

Cllr Jarvis presented the minutes of the Licensing & Enforcement Committee held on 16 October. These were agreed.

37r

Minutes of Licensing & Enforcement Sub Committee held on 28 August 2018 Minute numbers 1 - 5 pdf icon PDF 159 KB

Minutes:

Cllr Jarvis presented the minutes of the Licensing & Enforcement Sub Committee held on 28 August. These were agreed.

37s

Minutes of Licensing & Enforcement Sub Committee held on 18 September 2019 Minute numbers 6 - 10 pdf icon PDF 146 KB

Minutes:

Cllr Jarvis presented the minutes of the Licensing & Enforcement Sub Committee held on 18 September. These were agreed.

37t

Minutes of Standards Committee held on 13 August 2019 Minute numbers 1 - 8 pdf icon PDF 167 KB

Minutes:

Cllr Hughes presented the minutes of the Standards Committee held on 13 August.

 

Arising from consideration of the minutes:-

Ø  Standards Committee of 13 August, minute number 7 – Recruitment procedure for co-opting to the Standards Committee

            Cllr Jess Bailey wanted to comment that the resolution as drafted is not what she believed was agreed at the meeting. The panel should be politically balanced. She wanted to flag the issue at Council but will raise it at the next Standards Committee meeting.

 

The minutes were agreed.

37u

Minutes of Audit & Governance Committee held on 25 July 2019 Minute numbers 1 - 11 pdf icon PDF 174 KB

Minutes:

Cllr Hawkins presented the minutes of the Audit & Governance Committee held on 25 July. These were agreed.

 

 

38.

Changes to the Political balance, the Constitution and the Councils Panel, Forums, Joint Bodies and Outside Bodies appointments pdf icon PDF 268 KB

To update the political balance following Cllr Millar leaving the Independent Group and effect changes that flow from that in relation to committee appointments and makeup on panels, forums and joint bodies. Also to address some other changes in terms of Council appointments.

 

Minutes:

The Chairman asked the Monitoring Officer to speak to his report. This was to update the political balance following Cllr Millar leaving the Independent Group and to effect changes that flow from that in relation to committee appointments and the makeup on panels, forums and joint bodies. It also addressed other changes in terms of Council appointments and vacancies following Annual Council in May.

 

The Chairman asked members to vote on recommendations 1 – 5. These were agreed.

He then went on to ask the Chairman to invite Members to vote on the nominations for vacant positions.

Cllr Bloxham asked to be removed as a nominee to the Member Development Working Party.

The Chairman then asked for a vote for those nominated onto the Member Development Working Party, namely Cllr Parr and Cllr Millar. Cllr Parr was voted as the new representative with 27 votes and 25 votes cast for Cllr Millar.

 

Cllr Millar asked to be removed as a nominee to LED Leisure Management Ltd.

The Chairman then asked for a vote for those nominated onto LED Leisure Management Ltd, namely Cllr Hookway and Cllr Dent.  Cllr Hookway was voted as the new representative with 30 votes which was a majority of those present.

 

Henry Gordon- Lennox pointed out that there was only one nomination for the Lower Exe Mooring Authority Management Committee, Cllr Fred Caygill, but that it still had to be agreed by Council.  This was agreed.

 

RESOLVED:

1.    The changes to the political balance and revisions to the Committee allocations identified in paragraph 2 be agreed.

2.    The Leader’s changes to the Cabinet and Lead Members as identified in paragraph 3 be noted and the changes to the Constitution to reflect these be agreed.

3.    The other changes to the Constitution identified in paragraph 4 be agreed.

4.    The changes and appointments in relation to Panels, Forums and Joint Bodies identified in paragraph 5 be agreed.

5.    The inclusion of the Sport England Local Delivery Plan Programme Board in the list of Outside Bodies and appoints the Portfolio Holder for Economy as the Council’s representative in accordance with paragraph 7 be agreed.

In addition, the following councillors shall represent the Council on the identified bodies:

 

Member Development Working Party – Cllr Parr

LED Leisure Management Ltd – Cllr Hookway

Lower Exe \mooring Authority Management Committee substitute – Cllr Caygill

39.

Governance Review Working Party pdf icon PDF 166 KB

This report seeks the Council’s approval to the establishment of a cross-party working group to review the Council’s governance arrangements.

Minutes:

This was added to the agenda following publication as an urgent item and with consent of the Chairman due to the need to have Council’s endorsement to establishing a cross party working group to facilitate in a timely manner the governance review.

 

The Chairman invited the Monitoring Officer to speak to his report.

Following an informal meeting of the Overview Committee on 17th October, Members wanted to set up a cross-party working group to review the Council’s current Governance arrangements. The report seeks the Council’s approval to this. It is hoped that a working group would be able to report in February with recommendations.

Cllr Hookway stated that they were not expecting costs from the LGA for assisting EDDC, and so there should be no cost implications to the cross-party working group.

Cllr Thomas pointed out that any process flowing from the recommendations of the working group may have costs attached, which would have to be considered as part of the budget process.

In response to comments from Members, the Leader agreed that the working group should be time-bound and report back this calendar year rather than February 2020.

Cllr Arnott proposed that paragraph 7j of the report be amended to include ‘thereafter’ before Cabinet. This was agreed, although the Monitoring Officer confirmed that the report would go to both Overview Committee and Cabinet and since both would make a recommendation to Council it did not matter which it went to first.

 

RESOLVED;

 

A Governance Review Working Party be set up on the basis set out in paragraph 7 of the report but with the word ‘thereafter’ added before Cabinet in (j). Delegated authority be given to the Monitoring Officer to finalise the composition of the Working Group and agree membership with the Group Leaders/non-affiliated members.

40.

Motion: Constitutional Amendment (Car Park Strategy)

That Council agrees to amend Article 4.01 (a) of the Constitution, adding 'Car Park Strategy' to the current list of 12 discretionary areas of the Policy Framework which the Council adopts as a matter of local choice.

 

Proposed by Councillor Paul Millar

Seconded by Councillor Eileen Wragg

Supported by Councillors Luke Jeffery, Paul Arnott, Denise Bickley, Sarah Jackson, Marianne Rixson, Cathy Gardner, Val Ranger, Paul Hayward, John Loudoun, Mike Allen, Fred Caygill and Eleanor Rylance.

 

Minutes:

The Chairman invited Cllr Millar as proposer to speak to the motion.

Cllr Millar outlined the significance of a car park strategy financially to the Council and to local economies. The motion is not about taking powers away from Cabinet but to remind it that it should have consulted Members more widely and developed its evidence base further. For example, the impact of tariff changes in terms of the impact on business rates in towns in East Devon. He hoped the motion would complement the Call-in made by Cllr Howe on the Cabinet decision.

 

The Chairman invited Cllr Wragg as seconder to speak to the motion.

Cllr Wragg commented that the issue needed a thorough examination and should not be left to a small number of individuals to deal with.

 

Cllr Thomas wanted to thank Cllr Millar for bringing this issue to Council, and said that it was an appropriate response and approach to be taken in the light of the requirement to have a balanced budget. He agreed that it was not appropriate for a small group to be making decisions on such significant topics.

He went on to propose that an amendment was made to the motion to the effect that a public toilet provision strategy was added.

 

Comments by Members included the following;

·         From an asset management perspective it was necessary to maximise the income from all assets including car parks.

·         If toilet provision is included in the motion it changes the dynamics and implications of it totally.

·         Since the motion is due to a decision which Council disagreed with, is it right for the constitution to be changed on this basis, and with a review of governance arrangements imminent.

·         Members were reminded of the law of unintended consequences, and that there will not be a lot of income gained from small car parks but increases may decimate the economy of the local high street.

·         Members were reminded that the motion was simply requesting a change in the Constitution and not a debate about car parking.

 

In response to comments, the Leader stated that in a situation where the Council has no overall control, and it is minded not to accept a decision of Cabinet, then there remains a need to take responsibility and inevitable that contentious decisions have to have the approval of Council.

 

Cllr Howe commented that the Think Tank (TAFF) which has been established, has yet to meet, and will make recommendations which will need to go back to Cabinet. Whilst not agreeing with the motion he considered that the TAFF should do its work and report back to Cabinet.

The Monitoring Officer confirmed that the TAFF would report to the Scrutiny Committee, which in turn would report to Cabinet. If the motion was accepted then Cabinet would then recommend a strategy to Council.

Following the proposed amendment to the motion to include public toilet provision, the Chairman invited members to vote on whether to have a recorded vote to consider the amendment. This was agreed by a majority.

 

The Chairman read out the amendment to the motion which included inserting the words ‘and public toilet provision strategy’ after adding Car Park Strategy, as shown in the agenda.

Following a recorded vote the amendment was lost by 33 against and 22 in favour.

 

 

Those in favour were Cllrs; Armstrong, Bailey, Blakey, Bloxham, Bond, Colman, Faithfull, Hawkins, Hookway, Ingham, Jarvis, Johns, Jung, King, Loudoun, McCollum, McLauchlan, Pook, Pratt, Ranger, Rowland, Thomas.

 

Those against were Cllrs; Allen, Arnott, Barrow, Bickley, Brown, Caygill, Chapman, Davey, De Saram, Dent, Gardner, Gazzard, Hall, Hartnell, Hayward, Howe, Jackson, Jeffery, Key, Ledger, Manley, Millar, Moulding, Parr, Pepper, Rixson, Rylance, Skinner, Taylor, Twiss, Woodward, Wragg, T.Wright.

 

The Chairman asked the proposer of the motion, Cllr Millar to give his reply. He then invited members to vote on the motion.

 

This was carried by a majority.

 

RESOLVED;

 

That Council agrees to amend Article 4.01 (a) of the Constitution, adding 'Car Park Strategy' to the current list of 12 discretionary areas of the Policy Framework which the Council adopts as a matter of local choice.

41.

Motion: Tackling waste responsibly in East Devon

In order to achieve greater transparency and responsibility for our waste and to be certain that 'recycled' waste is not ‘dumped’ in an unprocessed state in another country, we propose the following motion:

                           

a) that EDDC, in conjunction with Devon County Council and Suez, assess how it might, within the current legal framework, best secure transparency from recycling processors so as to facilitate clear reporting to our residents;

 

b) that EDDC, in conjunction with Devon County Council and Suez assess how it might best report in weight terms as well as percentages, (with the intention of securing greater understanding as to whether the volume of general, food, plastics, metal, glass, textiles and electronic waste is decreasing, as well as percentages increasing);

 

c) that EDDC assess how to encourage public behaviour change by promoting through EDDC’s media presence the message 'refuse, refill, reduce' rather than focusing on 'recycle';

 

d) that a report be prepared on how EDDC can buy or commission products made from recycled materials whenever possible, (also joining with other councils where appropriate to reduce costs, for example for recycling sacks and bins) with a view to encouraging a closed loop circular economy system, the overall intention being to reduce and ultimately eliminate ‘virgin’ plastic entering the system.

 

Proposed by Councillor Denise Bickley

Seconded by Councillor Luke Jeffery

Supported by Councillors Paul Millar, Cathy Gardner, Paul Arnott, Marianne Rixson, Olly Davey, Tony Woodward, Val Ranger, Paul Hayward, Sarah Jackson and Eleanor Rylance.

 

 

Minutes:

The Chairman invited Cllr Bickley as proposer to speak to the motion.

Cllr Bickley stated that the motion had been thoroughly discussed at the Waste & Recycling Board meeting. EDDC were rightly proud of its recycling record, and needed to abolish all single use plastic in future. The motion was about encouraging an informed choice by the public and transparency encourages further action. Accordingly it was important not to make assumptions that we are sending all refuse to known destinations.

 

The Chairman invited Cllr Jeffery as seconder to speak to the motion.

Cllr Jeffery pointed out that the decision to replace, ‘re-use’ with ‘refuse’ in messages from EDDC was a shift in intention.

 

Comments from Cllrs included the following;

·         That the issue of e-waste was a big concern with computer related waste not being disposed of properly.

·         That a presentation from the waste & Recycling Team was scheduled for the Scrutiny Committee meeting on 21 November. An invite was extended to all Cllrs to attend.

·         Cllr Jung as Portfolio Holder for Environment fully supported the motion.

 

The Chairman invited Cllr Bickley to give her reply. Cllr Bickley was pleased to hear so many positive comments.

 

The Chairman then invited those present to vote.

The motion was carried unanimously.

 

 

 

RESOLVED;

 

That In order to achieve greater transparency and responsibility for our waste and to be certain that 'recycled' waste is not ‘dumped’ in an unprocessed state in another country, we propose:

           

a) that EDDC, in conjunction with Devon County Council and Suez, assess how it might, within the current legal framework, best secure transparency from recycling processors so as to facilitate clear reporting to our residents;

 

b) that EDDC, in conjunction with Devon County Council and Suez assess how it might best report in weight terms as well as percentages, (with the intention of securing greater understanding as to whether the volume of general, food, plastics, metal, glass, textiles and electronic waste is decreasing, as well as percentages increasing);

 

c) that EDDC assess how to encourage public behaviour change by promoting through EDDC’s media presence the message 'refuse, refill, reduce' rather than focusing on 'recycle';

 

d) that a report be prepared on how EDDC can buy or commission products made from recycled materials whenever possible, (also joining with other councils where appropriate to reduce costs, for example for recycling sacks and bins) with a view to encouraging a closed loop circular economy system, the overall intention being to reduce and ultimately eliminate ‘virgin’ plastic entering the system.

 

 

42.

Motion: National Park for Dorset & East Devon and the Glover Review

That the council writes to thank Julian Glover and his team for the Glover Review into National Parks and AONBs and advises him of its next steps, the letter to be copied to the Secretary of State for the Environment, Theresa Villiers MP, and to the Leader of Devon County Council, Cllr John Hart.

 

That the council welcomes the historic recommendation on page 121 of the Glover Review which states:

"We received submissions on the case for several other AONBs to become National Parks too. The two that stand out as leading candidates are the Cotswolds AONB and the combined Dorset and East Devon AONBs"

 

That the council supports the formation of a cross party working group of up to 12 members to make contact as soon as possible with representatives of the proposed Dorset section of an East Devon/Dorset National Park to arrange a meeting at Blackdown House no later than January 30th 2020 in order to engage with and understand the issues and opportunities which would arise from a new National Park.

That this working group makes an initial report to the Overview Committee in March 2020.

 

Proposed by Councillor Paul Arnott

Seconded by Councillor Marianne Rixson

Supported by Councillors Luke Jeffery, Paul Hayward, Sarah Jackson, Val Ranger and Cathy Gardner

Minutes:

The Chairman invited Cllr Arnott as proposer to speak to the motion.

Cllr Arnott stated that he did not want to have a debate about National Parks at the meeting. He did want to point out that this was not just a planning matter and involved the local economy and environment amongst other issues. The purpose of the motion was to have a cross-party working party, and for the issue not to be buried in Strategic Planning.

 

The Chairman invited Cllr Rixson as seconder to speak to the motion.

Cllr Rixson stated that there appeared to be many benefits to AONBs becoming a National Park, in terms of income from tourism and having developed knowledge and creative economies, increasing employment, and having a greater profile. All of these issues needed to be explored.

 

Cllr Arnott stated that following the resolution at the Strategic Planning Committee meeting of 22 October, he altered the motion so that the third paragraph of the motion was replaced with;

 

“That following the resolution of the Strategic Planning Committee yesterday, the Council agrees to set up a working group by the same methods as for the Governance review under item 11 on the agenda. This group will report to Strategic Planning Committee and therefore to ensure the widest possible engagement, Group Leaders be asked to ensure that only members from outside the Strategic Planning Committee should sit on the Working Group.”

 

Cllr Bond wanted to thank Cllr Arnott for submitting the motion. She stated that the Glover Review was published only a month ago and within it, there were 27 recommendations to Government. A report on the Glover Review went to Strategic Planning Committee and discussions covered whether a working group should be formed, but after debate it was agreed that a special meeting of Strategic Planning Committee be convened to discuss the proposals.

She went on to say that it was early days in this process and such far reaching changes should not be rushed. On that basis, she could not agree the timetable Cllr Arnott outlined in his motion. She also could not agree on a meeting with Dorset National Park representatives before there had been a full discussion with the relevant elected representatives in Devon and officers of all the relevant AONBs. The motion does not follow a process.

 

Accordingly, Cllr Bond wanted to move an amendment to the motion as follows;

The first two paragraphs be deleted and the third paragraph to read,

 

Ahead of the Government’s response, preliminary work be started on formulating the Council’s position, through dialogue with all the relevant elected representatives.

That this Council agrees that no decision can be made on this issue until the financial and economic implications have been assessed and the Government’s position made clear.”

 

Cllr Ingham seconded the amendment, and said that this issue was so profound that a thorough process was necessary to move forward.

 

Cllr Moulding had attended the Strategic Planning Committee meeting and stated that he agreed wholeheartedly with Cllr Bond.

Cllr Ranger said that the purpose of the motion was to air the matter fully and that Council needed to be fully informed.

Cllr Skinner had also attended the Strategic Planning Committee meeting and agreed that a special meeting should be convened to debate this specific issue. It should be held during an evening and opened up to all Members to attend.

Cllr Pook said that he supported Cllr Bond’s amendment and the views of Cllr Ranger.

Cllr Twiss expressed his view that it was premature for EDDC to make any decisions and that we should look at the governance of Dartmoor National Park where District Councils have no representation. District Councils needed to have representation and not rely on the County Council to represent them.

Further comments from Members as part of this debate included the following;

·         That it was necessary to look at the whole of the Glover Report and consider its implications fully.

·         There were many economic implications and a Rural Strategy was needed and long overdue.

·         That EDDC should not be naïve given that representatives on Dorset AONB are not elected. We should not be supporting a body which does not meet in public or conduct its business transparently.

·         Similarly to the other major initiatives EDDC is involved in such as the Greater Exeter Strategic Plan (GESP), there are a lot of long term issues for the Council to be fully informed about.

 

The Chairman invited Members to vote on whether to support an amendment to the motion. This was carried by a majority.

 

He then invited Members to support the amendment which had become the substantive motion, proposed by Cllr Bond and seconded by Cllr Ingham.

 

The Chairman invited those present to vote. The motion was carried unanimously.

 

RESOLVED;

 

That ahead of the Government’s response, preliminary work be started on formulating the Council’s position, through dialogue with all the relevant elected representatives.

That this Council agrees that no decision can be made on this issue until the financial and economic implications have been assessed and the Government’s position made clear.

 

 

The Chairman closed the meeting at 9.45pm.