Agenda and draft minutes

Consultative meeting, Cabinet - Wednesday, 5th January, 2022 6.00 pm

Venue: Online via the Zoom app.

Contact: Amanda Coombes, Democratic Services Officer  01395 517543 or email  acoombes@eastdevon.gov.uk

Media

Items
No. Item

126.

Public speaking

Minutes:

There were no members of the public registered to speak.

127.

Minutes of the previous meeting pdf icon PDF 191 KB

Minutes:

The minutes of the consultative meeting of Cabinet held on 1 December 2021 were agreed.

128.

Declarations of interest

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

Minutes:

Min 144. Colyton Parish Neighbourhood Plan ('the Plan') to be formally 'made'.

Councillor Paul Arnott, Personal, Is a Colyton Parish Councillor.

 

Min 147. Cranbrook Town Centre.

Councillor Megan Armstrong, Personal, has family living in Cranbrook.

 

Min 147. Cranbrook Town Centre.

Councillor Paul Hayward, Personal, has family living in Cranbrook.

 

Min 148. Cranbrook Town Centre valuation.

Councillor Megan Armstrong, Personal, has family living in Cranbrook.

 

Min 148. Cranbrook Town Centre valuation.

Councillor Paul Hayward, Personal, has family living in Cranbrook.

 

129.

Matters of urgency

Information on matters of urgency is available online

 

There is one late report at item 17, Draft Revenue and Capital Budgets 2022/23.

Minutes:

There was one report dealt with in this way which is recorded at minute 141.

130.

Confidential/exempt item(s)

To agree any items to be dealt with after the public (including the Press) have been excluded. There is one item which officers recommend should be dealt with in this way.

Minutes:

There was one confidential item which is recorded at minute 148.

131.

Forward Plan pdf icon PDF 202 KB

Minutes:

Members agreed to recommend the contents of the Forward Plan for key decision for the period 1 February 2022 to 31 May 2022 for approval.

132.

Minutes of Audit and Governance Committee held on 18 November 2021 pdf icon PDF 87 KB

Additional documents:

Minutes:

Members agreed to note the minutes and recommendations of the Audit and Governance Committee held on 18 November 2021 and considered that no further recommendation was required.

 

Minute 22 Councillor DBS checks

That Members note the report and agree that councillors undertake safeguarding training including training on the Council’s safeguarding policy and its operation.

133.

Minutes of Poverty Working Panel held on 22 November 2021 pdf icon PDF 183 KB

Minutes:

Members agreed to note the minutes of the Poverty Working Panel held on 22 November 2021.

134.

Minutes of LED Monitoring Forum held on 23 November 2021 pdf icon PDF 5 KB

Additional documents:

Minutes:

Members agreed to note and recommend the minutes and recommendations of the LED Monitoring Forum held on 23 November 2021.

 

Minute 85 East Devon District Council Leisure and Built Facilities Strategy workscope

To approve the Scope of Work for producing the Leisure Strategy and Built Facilities

Evidence Base as set out in the report to the LED Monitoring Forum on 23 November 2021.

135.

Minutes of Community Grant Panel held on 25 November 2021 pdf icon PDF 5 KB

Additional documents:

Minutes:

Members agreed to note and recommend the minutes and recommendations of the Community Grant Panel held on 25 November 2021.

 

Minute 74 Small Community Grants stream proposal

that a Small Community Grant stream be set up to increase take up of the

Crowdfund East Devon fund available by permitting applications for small amounts

with an appropriate criteria.

Minute 75 Revised Community Buildings Fund guidance

that the revised guidance for the Community Buildings Fund, as endorsed by the

Community Grant Panel, be agreed

136.

Minutes of Scrutiny Committee held on 2 December 2021 pdf icon PDF 186 KB

Minutes:

Members agreed to note the minutes of the Scrutiny Committee held on 2 December 2021.

137.

Minutes of Budget Setting and Capital Allocations Panel held on 2 December 2021 pdf icon PDF 19 KB

Additional documents:

Minutes:

Members agreed to note the minutes of the Budget Setting and Capital Allocations Panel held on 2 December 2021 and consider the recommendations at minute 141 Draft Revenue and Capital Budgets 2022/23.

 

Minute 24 Capital Bids Proposed 2022/23

1

a.     Bid 1 Exmouth Camperdown Depot Roof Replacement (£32k for yr 22/23)

b.     Bid 2 Exmouth Pavilion Refurbishment and Improvement Works for works only to mitigate health and safety requirement element of the bid at a figure to be agreed by Strategic Lead Finance and relevant officers

c.      Bid 4 Replacement of roofs at Broadclyst and Ottery Leisure Centres (£316,250 yr 22/23 and £259,325 yr 23/24)

d.     Bid 5 Corporate Property Fire Risk Assessment (FRA) Works (£52K yr 22/23, £52k yr 23/24)

e.     Bid 6 Review of energy saving opportunities and resultant improvement works across Corporate and Leisure Portfolios part bid (£60k only for yr 22/23) and further investigation of works required

f.       Bid 7 External Repairs at Various Corporate Buildings (£224,250 yr 22/23 and £224,250 yr 23/24)

g.     Bid 9 External Emergency Lighting to Various Industrial Units (£29K yr 22/23)

h.     Bid 10 LED Tenanted Property Fire Risk Assessment (FRA) Works (£200K yr 22/23 and £231K yr 23/24)

i.       Bid 11 Refurbishment of sports halls and sports floors at various LED premises only sports floors element of bid at a figure to be agreed by Strategic Lead Finance and relevant officers

j.       Bid 12 Refurbishment of swimming pool plant at Exmouth, Honiton, and Sidmouth LED Pools (£63, 250 yr 22/23 and £63,250 yr 23/24)

k.      Bid 13 Refurbishment/replacement of ventilation equipment and HVAC plant at various LED leisure centres (£172,500 yr 22/23)

l.       Bid 14 External Decorations and Repairs Depots (£32K yr 22/23)

m.    Bid 15 Main Streetscene Depots Operation Review (£50k yr 22/23)

n.     Bid 16 Colyton Dolphin St Toilets Render to External Walls and External Decorations with efforts made to reduce to minimum work required (£25K yr 22/23)

o.     Bid 17 Mini Site Nr 3, Durham Way, Honiton - Retaining Wall rebuild (£101,500 in yr 22/23)

p.     Bid 18 Refurbishment and Repairs to Beach Huts and Chalets part bid (£100k yr 22/23) and endorse ongoing work to review the beach huts and chalets offer

q.     Bid 20 Exmouth Manor Gardens Tool Shed Replacement (£22,500 yr 22/23)

r.       Bid 21 Exmouth Leisure Centre - Replacement of Cold Water Storage Tank with Mains Water Supply (£21,000 yr 22/23)

s.      Bid 22 Exmouth and Manor Pavilion Repairs to Stage Equipment (£43,300 yr 22/23 and £13,200 yr 23/24)

t.       Bid 24 Recycling & Waste Capital Programme part bid at £405K for yr 22/23 to cover necessary elements outside of contract negotiation

u.     Bid 25 Axmouth Harbour Repair (£70K yr 22/23)

v.      Bid 26 Beer Breakwater Scour Repair (£40K yr 22/23)

w.    Bid 27 Blackmore Gardens Maintenance (£20k yr 22/23)

x.      Bid 28 Car Park relining of spaces (£20k yr 22/23)

y.      Bid 29 Exmouth Seawall Repairs (£40K yr 22/23)

z.      Bid 30 Foxholes Resurfacing (£100K yr 22/23)

aa. Bid 31 Rewilding Plantation  ...  view the full minutes text for item 137.

138.

Minutes of Recycling and Waste Partnership Board held on 8 December 2021 pdf icon PDF 152 KB

Minutes:

Members agreed to note the minutes of the Recycling and Waste Partnership Board held on 8 December 2021.

139.

Council Tax Base for 2022/23 pdf icon PDF 343 KB

Minutes:

The Service Lead for Revenues, Benefits and Customer Services presented the report which set out the tax base for 2022/2023 and included the breakdown for each parish, expressed in terms of Band D equivalent properties on which the council tax would be based. This was an important component in the Council’s budget setting process for 2022/2023.

 

The Portfolio Holder Finance thanked Libby and her team for their hard work.

 

RECOMMENDED that;

Senior Officers approve

1.     the tax base for 2022/2023 at 60805 Band D equivalent properties.

2.     the amount for each parish as detailed under section 3 of the report.

 

REASON:

The calculation of the tax base was prescribed in regulations and was a legal requirement. The council tax base was defined as the number of Band D equivalent properties in a local authority’s area. The tax base was necessary to calculate council tax for a given area.

140.

Devon Climate Assembly - Responding to the resolutions pdf icon PDF 417 KB

Additional documents:

Minutes:

The Strategic Lead Housing, Health & Environment outlined the input into the draft Devon Carbon Plan that had been proposed through the Devon Citizens Assembly process. All signatories to the Devon Climate Emergency Declaration had been invited to consider and comment on the resolutions put forward by the Citizens or more correctly the Devon Climate Assembly prior to a further round of public consultation. He suggested that the council welcomed the resolutions presented by the Climate Assembly and to work collectively with the Devon Climate Change Partnership, to incorporate the resolutions into the revised and updated version of the Devon Carbon Plan. Cabinet was invited to comment on the actions proposed in the annex to the report.

 

The Portfolio Holder Climate Action and Emergency Response thanked John and his team for their time and effort in getting to this stage.

 

RECOMMENDED that;
Senior Officers approve feedback observations on the Devon Climate Assembly resolutions and actions proposed based on the observations contained in the report.

 

REASON:

It was recommended that partner organisations of the Devon Climate Assembly share the draft actions with members and senior representatives and provide feedback to the Devon Climate Emergency secretariat by 27 January 2022.

141.

Draft Revenue and Capital Budgets 2022/23 pdf icon PDF 613 KB

Minutes:

The Strategic Lead Finance presented the draft revenue and capital budgets for 2022/23 for adoption by the Cabinet before consideration by a joint meeting of the Overview and Scrutiny Committees and the Housing Review Board.

 

Recommendations from these meetings would be presented back to Cabinet on 2nd February 2022 when members would finalise budget proposals to recommend to Council. During the debate the question was asked to why Cranbrook was not included in discretionary funds and how could the council make this fairer going forward. In response it was explained that Cranbrook being a new town was set up under new funding principals that were not the same as the rest of the district. It was highlighted that there were specific funding revenues coming forward into Cranbrook.

 

Further discussion included the following:

·        The possibility of increasing parking permit charges as well as car park charges

·        All car parks should have their charges increased to make it fairer as well help with the budget deficit

·        The need to increase  car parking charges yearly by 10p per hour over the next 3 years

 

The Portfolio Holder Finance thanked Simon Davey, John Symes and their team for getting the council to this position in what had been a very challenging year.

 

RECOMMENDED that;
Senior Officers approve the draft revenue and capital estimates are adopted before forwarding to a joint meeting of the Overview and Scrutiny Committees and Housing Review Board for consideration. Cabinet wanted the £1.50 revised car park hourly charge for prime car parks to be included in the budget and to assist the future budget position to include an annual 10p per hour increase to those car parks for the next three years.

 

REASON:

There was a requirement to set a balanced budget and to levy a Council Tax for 2022/23

142.

Long Lane Enhancement Scheme pdf icon PDF 210 KB

This report seeks an increase in the budget for the Long Lane enhancement scheme from £3.7m to £4.51m to enable the scheme to be completed. 

Minutes:

The Service Lead Growth, Development & Prosperity’s report requested an increase in the budget for the Long Lane enhancement scheme from £3.7m to £4.51m to enable the scheme to be completed.

 

The Portfolio Holder Economy and Assets thanked Andy Wood and his team for the report.

 

RECOMMENDED that:

Senior Officers approve;

increasing the budget for the Long Lane enhancement scheme from £3.7m to £4.51m and delegate authority to the Chief Executive to make any necessary changes to funding agreements.

 

RECOMMENDED to Council

That the borrowing of up to £4.51m against ring fenced business rate income to complete the scheme

 

REASON:

To ensure that the Long Lane enhancement scheme can be completed.

143.

Broadhembury Parish Council - Community Governance Review pdf icon PDF 169 KB

To report back on representations received and to recommend publication of proposals that the number of parish councillors be increased from 9 to 12

Additional documents:

Minutes:

The Chief Executive reported back on representations received and to recommend publication of proposals that the number of parish councillors be increased from 9 to 12.

 

RECOMMENDED to Council;
that the proposals be published recommending that the number of parish councillors for Broadhembury be increased from 9 to 12 with such increase to come into effect for the May 2023 elections.

 

REASON:

Having carried out initial consultation with regard to the parish councils request it was apparent that there was strong community support for the proposal.

144.

Colyton Parish Neighbourhood Plan ('the Plan') to be formally 'made' pdf icon PDF 327 KB

Additional documents:

Minutes:

The Leader handed the chair over to the Deputy Leader for this item as he is a Colyton Parish Councillor.

 

The Colyton Parish Neighbourhood Plan had now successfully passed referendum and must be formally ‘made’ (adopted) by East Devon District Council in order to form part of the development plan.

 

Councillor Helen Parr and Councillor Paul Arnott stated that this was an excellent result and looked forward to the Plan being considered for any future planning applications that may come through.

 

RECOMMENDED that;

Senior Officers approve

1.     that the Colyton Parish Neighbourhood Plan be ‘made’.

2.     that once made the Plan will carry full weight in the planning decision making process as part of the statutory development plan for this Neighbourhood Plan Area (the parish of Colyton).

3.     That the Neighbourhood Plan Steering Group and all involved in developing the Plan be congratulated on all their hard work.

 

REASON:

The Plan received a majority ‘yes’ vote in the neighbourhood area referendum, as required by the Regulations, and there is no substantive reason not to make the Plan. In addition, to recognise the significant work over a number of years by Colyton Parish Council and dedicated volunteers to prepare the Plan.

 

DECISION:

The recommendation(s) was/were approved by a Senior Officer. The Senior Officer Decision Notice is listed above under Additional Documents.

145.

Discretionary Funds to support financial vulnerability pdf icon PDF 231 KB

Additional documents:

Minutes:

The Service Lead Revenues, Benefits, Customer Services & Corporate Fraud & Compliance updated members following a motion to Council on 20 October 2021. It was agreed to provide a report on the different discretionary funds the council had available to support low income households, due to the concerns being raised over the government’s cuts to Universal Credit (removal of the temporary

£20 uplift) and the rising costs of households bills.

 

It also provided options for utilising grant funding to be able to continue the hardship scheme once funding ran out, within the Household Support Fund as well as continue the work the Council was doing around financial resilience.

 

The Deputy Leader and Portfolio Holder Sustainable Homes and Communities thanked Libby Jarrett and the Financial Resilience officers for doing such valuable work.

 

RECOMMENDED that;

Senior Officers approve

1.     the use £109,680 funding available to support ongoing work of the financial resilience officers until August 2024,

2.     the use £151,878 funding available for the Council’s Hardship Scheme to continue to provide emergency support with essentials beyond 31 March 2022.

3.     That a further report be brought in November to update members on a review of the different discretionary funds, in order to take proactive measures that help inform future decisions.

 

REASON:

To continue to support residents who were in emergency crisis and to help build financial resilience by addressing root causes which was a key aim of the poverty strategy.

 

 

146.

Seaton Jurassic update pdf icon PDF 454 KB

Minutes:

The Service Lead, Place Assets & Commercialisation provided an update on the current position, specifically progress on the recommendations from the October Cabinet and further next steps.

 

The Strategic Lead for Finance updated the finance comment to the report confirming that the monies required to pay for recommendations 5 and 6, if agreed, would be taken from the Asset Maintenance Reserve.

 

Councillor Marcus Hartnell thanked Tim Child for his detailed report.

 

RECOMMENDED that;

Senior Officers approve

1.     the decision over the future of the Centre is to be made once a Tender exercise for a new Operator/Provider has completed in 2022.

2.     A public marketing exercise via an external Commercial Agent is commenced in February 2022, in order to secure interest from a new Operator /Provider with the results to be presented to Cabinet in a Part B report in May /June 20022 for debate and decision. At the same time as confirming the extent of the remedial works required, with costings and to also provide recommendations for next steps.

3.     A public Marketing exercise via an external Commercial Agent is commenced in January 2022 in order to secure interest in a café type use which can trade in part of the building for the summer season of 2022.

4.     An exercise is carried out in January 2022 to agree terms for the appointment of a Commercial Agent to market the freehold /long leasehold interest in Seaton Jurassic so that the process is ready to start immediately after the Cabinet recommendation (recommendation 2 above), if it is necessary to pursue Option 3 of the Cabinet report 6 October 2021.

 

RECOMMENDED to Council;

5.     An additional Marketing, Legal & Professional fee budget for the Café & Centre of £25,000 sums coming from the Asset Maintenance Reserve, for the work involved in recommendations 2 and 3 of this report.

6.     Enabling works budget of £10,000 sums coming from the Asset Maintenance Reserve, to enable the Café to be self-contained from the Exhibits space during the summer of 2022 along with any other enabling works for a Café.

 

REASON:

In order to arrive at a reasoned and permanent decision on the future of Seaton Jurassic, it was clear that further due diligence was required on Options 1& 2 (October Cabinet) before Officers could make a recommendation to Cabinet over the future of this building. The necessary reports which must accompany such a decision will not be available until after the January Cabinet meeting and a final decision can only be made once the relevant information has been received and a public marketing exercise had concluded.

147.

Cranbrook Town Centre pdf icon PDF 516 KB

This report provides an update to progress on the Memorandum of Understanding and projects being progressed via Enterprise Zone funding.

Minutes:

The Cranbrook New Community Manager reminded members that it was 12 months since Cabinet resolved to accept the principle of signing a Memorandum of Understanding with the Cranbrook consortium of developers (New Community partners). The report provided an update as to progress on that exercise and also discussed progress on projects being progressed via Enterprise Zone funding.

 

Having received the report members reviewed and noted the progress made to secure the delivery of Cranbrook Town Centre during 2021. 

 

148.

Cranbrook Town Centre valuation

This report provides an update on the financial position with regard to the delivery of Cranbrook Town Centre.

Minutes:

The Chief Executive provided an update on the financial position with regard to the delivery of Cranbrook Town Centre and confirmed an indicative value / acre of land which Independent Valuers acting for the Council had confirmed was a reasonable sum to pay.

 

RECOMMENDED that;

Senior Officers approve delegation of authority to the Chief Executive in consultation with the Portfolio Holder for Strategic Planning to;

 

1.      by the end of January 2022 agree a price for the purchase of TC4d&e (at a value no more than the indicative price confirmed to the meeting) and to determine whether to pursue the option to purchase TC3, and

2.      following conclusion of the negotiations on TC4d&e and the decision on TC3 to sign the MoU with the New Community Partners incorporating these outcomes into the already agreed terms.

REASON:

It is imperative that the valuation exercise is concluded promptly in order for the delivery of town centre facilities to progress. Delegated authority was previously given by Cabinet to the Chief Executive in conjunction with the Portfolio holder for Strategic Planning to sign the Memorandum of Understanding.