Agenda and minutes

Venue: Online via the Zoom app.

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

Media

Items
No. Item

149.

Public speaking

Minutes:

Mr Mike Goodman asked supplementary questions to the reply he had received from the Portfolio Holder Climate Action & Emergencies and Strategic Lead Housing, Health and Environment. His questions concerned Climate Change and the Tree Strategy. He commended the council for supporting the Climate and Ecological Emergency Bill at full Council in April 2021 but was disappointed that the council had not actioned the recommendation to write to the local M.P Simon Jupp asking for his support.

 

He stated that a Tree Strategy had been debated at Full Council on the 27 July 2021 but could find no further details on the subject. The Portfolio Holder Climate Action & Emergencies read the response sent to Mr Goodman from the Strategic Lead Housing, Health and Environment. It stated that in relation to the Tree Strategy EDDC fully recognised the importance of trees to the environment and had aspirations to protect the existing treescape and increase canopy cover. Officers had already drafted a high level Tree Strategy. A funding request was needed to undertake some of the detailed survey, mapping and treescape work to ensure that the strategy was bespoke and relevant to East Devon, as well as to roll out the inevitable actions arising from the strategy.

 

In terms of progress against the climate change action plan the Strategic Lead Housing, Health and Environment said there too many things that EDDC were doing to mention them all so highlighted a number and hoped to put more detailed reports on the website in the future as the council developed it to improve communications.

A flavour of what had been done included;

 

·        Climate Change was a key priority for the Council demonstrated by the appointment of the Portfolio Holder for Climate Action supported by a Deputy Portfolio Holder.

·        The Council had also appointed a Climate Change Officer, whilst recognising that all of its Council Services had an important contribution to make towards climate change.

·        Signing up to the Devon Climate Emergency Declaration quickly followed by the production of an ambitious Climate Change Strategy and Action Plan.

150.

Minutes of the previous meeting pdf icon PDF 213 KB

Minutes:

The minutes of the consultative meeting of Cabinet held on 5 January 2022 were agreed.

151.

Declarations of interest

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

Minutes:

Min 164. Additional Restrictions Grant (ARG) for the period 30 December 2021 to 31 March 2022.

Councillor Marianne Rixson, Personal, Member of the Innovation and Resilience Fund Panel.

 

Min 164. Additional Restrictions Grant (ARG) for the period 30 December 2021 to 31 March 2022.

Councillor Paul Hayward, Personal, Chair of the Additional Restrictions Grant Panel.

 

Min 165. A Clean Growth Vison for Development in the West of the District.

Councillor Jack Rowland, Personal, Council appointed Shareholder representative of Exeter Science Park Ltd.

 

Min 165. A Clean Growth Vison for Development in the West of the District.

Councillor Paul Hayward, Personal, Council appointed Director of Exeter Science Park Ltd and member of Exeter International Airport Consultative Group.

 

Min 169. Refurbishment of Sidmouth Changing Rooms.

Councillor Geoff Jung, Personal, has family members who are members of LED and who use the swimming pool.

 

Min 169. Refurbishment of Sidmouth Changing Rooms.

Councillor Marianne Rixson, Personal, Is a Sidmouth Town Councillor.

 

152.

Matters of urgency

Information on matters of urgency is available online

 

There are three late reports;
item 12 - Minutes of the Arts and Culture Forum held on 20 January 2022
item 22 - Refurbishment of Sidmouth Changing Rooms
item 23 - Business Rates - Covid-19 Additional Relief Fund (CARF)

 

Minutes:

There were three late reports recorded at,
Minute 159 - Minutes of the Arts and Culture Forum held on 20 January 2022
Minute 169 - Refurbishment of Sidmouth Changing Rooms

Minute 170 - Business Rates - Covid-19 Additional Relief Fund (CARF)

 

The Chair gave an informational statement to members about the Levelling Up Fund from a Team Devon meeting held earlier in the afternoon, this was on the back of a Government White Paper on this subject just being published. He mentioned the key issues that needed reform. Devon along with Plymouth and Torbay were one of nine areas invited to put forward an informal combined authority approach. Team Devon had agreed to meet urgently within the next two weeks to begin the process of identifying a strategic request moving forward.

 

 

153.

Confidential/exempt item(s)

There is one late report at item 22 which officers recommend should be dealt with in this way.

Minutes:

There was one late confidential report recorded at Minute 171.

 

154.

Forward Plan pdf icon PDF 202 KB

Additional documents:

Minutes:

Members agreed to recommend the contents of the Forward Plan for key decision for the period 1 March 2022 to 30 June 2022 for approval.

 

DECISION:

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

155.

Minutes of Asset Management Forum held on 5 January 2022 pdf icon PDF 172 KB

Minutes:

Members agreed to note the minutes of Asset Management Forum held on 5 January 2022.

156.

Minutes of Strategic Planning Committee held on 11 January 2022 pdf icon PDF 160 KB

Additional documents:

Minutes:

Members agreed to take the following minute into consideration at minute 165.

 

Minute 64: A clean growth vision for development in the West of the District

Considers the Vision for Clean Growth for the West of the District and associated documents.

157.

Minutes of Joint Overview and Scrutiny Committee held on 12 & 17 January 2022 pdf icon PDF 237 KB

Additional documents:

Minutes:

Members agreed to take the following into consideration at minute 160.

 

Session 1, 12 January 2022

Minute 36 Draft Revenue and Capital Budgets 2022 - 2023

The following provisional recommendations by the Overview and Scrutiny

Committees to Cabinet were agreed at this point:

·        To adopt the draft Revenue and Capital Budgets for 2022-23 taking account of the following:

o   adopting a £2.00 an hour charge for a limited number of popular hot[1]spot car parks within Category 1: Exmouth Queen’s Drive, Exmouth Queen’s Drive Echelon, Exmouth Beach Gardens, Budleigh Lime Kiln, and Sidmouth Ham (East and West) from April 2022; and

o   adopting a £1.50 an hour charge for all other Category 1 car parks from April 2022 but avoid the 10p per year charge for the subsequent three years to prevent damage to vulnerable High Street businesses.

·        To review other budgetary requests (e.g. Tree Strategy and StreetScene) which have been rejected in line with new estimated budget forecasts.

·        That a working draft of the Car Parking Strategy be presented to the next Overview Committee in order to set timescales for a speedy adoption.

 

The Chair advised that this would be revisited after the two committees had reviewed

the Service Plans in both this meeting and the following session on 17 January 2022.

 

Minute 37 Key Service Plan Objectives 2022 - 2023

·        the Service Plan 2022-23 for Countryside and Leisure be adopted.

·        the Service Plan 2022-23 for the Environmental Health and Car Park service

·        be adopted.

·        the Service Plan for 2022-23 for the Housing Service be adopted.

·        the Service Plan 2022-23 for StreetScene be adopted.

 

Session 2, 17 January 2022

Minute 43 Key Service Plan Objectives 2022 - 2023

·        the Service Plan 2022-23 for the Finance service be adopted, subject to:

·        Inclusion of a Key Service Objective for the Finance service to work with

·        the Housing service to review the rise in costs of providing temporary

·        accommodation for the homeless.

·        the Service Plan 2022-23 for the Growth, Development and Prosperity service

·        be adopted.

·        the Service Plan 2022-23 for the Planning service be adopted, subject to:

-        A review of the Council’s enforcement processes and how information about cases is communicated to ward members and the public;

-        A review of the validation information requirements for ecological surveys and assessments;

-        A review of the Statement of Community Involvement and consultations onplanning applications to consider making greater use of site notices to publicise planning applications.

·        the Service Plan 2022-23 for the Governance and Licensing service be adopted.

·        the Service Plan 2022-23 for the Place, Assets and Commercialisation service be adopted, subject to:

-        A review of the process that leads to the registration of Assets of

Community Value.

·        the Service Plan 2022-23 for the Communications, Digital Services and Engagement service be adopted.

·        the Service Plan 2022-23 for the HR and Payroll service be adopted.

 

Minute 44 Draft Revenue and Capital Budgets 2022 - 2023

·        To adopt the draft Revenue and Capital Budgets for 2022-23 taking

account of the following:  ...  view the full minutes text for item 157.

158.

Minutes of Housing Review Board held on 13 January 2022 pdf icon PDF 100 KB

Additional documents:

Minutes:

Members agreed to take the following minute into consideration at minute 160.

 

Minute 23 Draft Housing Service Plan and draft budget 2022-23

1. that the Housing Review Board recommends to Cabinet that the Housing Service Plan 2022-23 is approved.

 2. that the Housing Review Board recommends to Cabinet that the draft revenue and capital budgets for 2022/23 are approved.

 

Members agreed to note and recommend the following minutes and recommendations of the Housing Review Board held on 13 January 2022.

 

Minute 17 Welcome to two newly appointed tenant co-optees on to the Housing Review Board

that the recommendation that tenant representative Sue Saunders be appointed Vice

Chair of the Board for the ensuing year be passed for approval.

 

Minute 24 Housing Management System software upgrade

that Cabinet recommends to Council the proposed upgrade and budget requests of £134,927 and £6,060 respectively to implement the IT system upgrade to Capita’s One Housing and One Assets solutions.

 

Minute 25 Updated Housing Policies

1. that members agree the updated policy in the report.

2. that members recommend to Cabinet that the policy is formally adopted by the Council.

 

Minute 26 Mental Health Strategy for Housing 2021-2025

1. that members agree the Mental Health Strategy for Housing 2021-2025 detailed in the report.

2. that members recommend to Cabinet that the strategy is formally adopted by the Council.

 

DECISION:

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

159.

Minutes of Arts and Culture Forum held on 20 January 2022 pdf icon PDF 5 KB

Additional documents:

Minutes:

Members agreed to note and recommend the minutes and recommendations of the Arts and Culture Forum held on 20 January 2022.

 

Minute 2 Appointment of Vice Chair

that the recommendation that Councillor Nick Hookway be appointed Vice Chair of the Board for the remainder of the civic year be passed for approval.

 

Minute 6 Culture Strategy workscope

that the Arts and Culture Forum recommend to Cabinet that the scope of work for

producing the Culture Strategy evidence base as detailed in the report, be approved.

 

DECISION:

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

160.

Revenue and Capital Budgets 2022/23 pdf icon PDF 549 KB

Minutes:

The Chief Finance Officer presented his report for the adoption of the Revenue and Capital Budgets for 2022/23. Two joint meetings of the Overview and Scrutiny Committees had reviewed the budgets and the Housing Review Board had considered the Housing Revenue Account budgets. Recommendations from those meetings were detailed in the report.

 

Discussions included the following:

·        More visitors need further services from StreetScene which incur extra costs

·        Other authorities have the same charges in all their car parks, why don’t we?

·        If we wish to invest in services for our residents then we need to increase charges as well the proposed implementation of the £10 per month local residents car park permits

·        Residents car park permits should only be offered to those who paid their council tax

·        £120 per annum for a car park permit was good value for money and no car park charges would be more that £8 per day at any seaside car park

·        Explore the possibility of seasonal car park permits for seasonal workers

·        It’s been 12 years since car park charges were increased and a lot had changed during this time such as VAT on car park charges which meant the loss of 20% of income to the council for the provision of car parks

·        This is the wrong time to increase the car park charges with prices, inflation and fuel costs rising this would add an extra burden to people

·        Imperial Road car park in Exmouth was a shopping car park and should be removed from the list of £2 per hour car parks

·        This was the right thing to do at this time our costs associated with maintaining car parks had increased and it was never a good time to put up any prices.

·        This was a comprehensive strategy which had come to a good conclusion, that now needed a strong communications campaign to push it forward as value for money.

 

The Chief Executive commended Cabinet and Council to date for the work they had done in terms of the wider picture where the budget was concerned. He stated that the budget was the fundamental way the council could achieve its priorities and if members and Council were to agree the terms of the budget, it would put the council on a much better footing in the new financial year. It would be essential to achieving what the council wished to attain through the Council Plan and other documentation.

 

The Service Lead Environmental Health and Car Parks reminded members that the council could not simply raise car parking charges to raise revenue to spend on other areas, this was not lawful under the Road Traffic Regulation Act. The council could use the revenue car parks generated as well as to manage and maintain car parks. A more intelligent management strategy would help manage the car parks better. There were some very expensive car parks to maintain and charges should reflect on covering these costs. The Act required council’s to reduce congestion and improve  ...  view the full minutes text for item 160.

161.

Capital Strategy 2022/23 - 2025/26 pdf icon PDF 270 KB

Additional documents:

Minutes:

The Finance Manager presented the draft Capital Strategy for consideration and recommended to Council for adoption, this formed part of the annual budget setting approval process. The document drew together various adopted strategies and agreed process of the Council that govern how the Council manages capital expenditure and investment decisions. The Capital Strategy brought these areas together in one overarching document containing a high level summary.

 

The Capital Strategy was a key document, it provided a high level overview of how

capital expenditure, capital financing and treasury management activity contributed to the delivery of desired outcomes. It also provided an overview of how associated risk was managed and the implications for future financial sustainability. It included an overview of the governance processes for approval and monitoring of capital expenditure.

 

The Portfolio Holder Finance applauded and thanked John Symes and his team for their efforts in creating the strategy.

 

RECOMMENDED to Council;

the adoption of the Capital Strategy 2022/23 – 2025/26.

 

REASON:

In order to comply with good practice there was a requirement for the Council to have in place an adopted Capital Strategy.

162.

Treasury Management, including the Minimum Revenue Provision Policy Statement and Annual Investment Strategy for 2022/23 pdf icon PDF 268 KB

Minutes:

The Finance Manager presented the Treasury Management, including the Minimum Revenue Provision Policy Statement and Annual Investment Strategy for 2022/23.

 

The Chartered Institute of Public Finance and Accountancy (CIPFA) produced a Code of Practice for treasury management for Public Services. One of the main recommendations of the code was the requirement for an annual Treasury Management Strategy to be adopted formally by the Council. There was also a requirement to set prudential indicators relating to all treasury activities that the authority would undertake in the forthcoming financial year.

 

On 20 December 2021 CIPFA published the revised Treasury Management Code and Prudential Code and officers await further guidance and training on the revised codes. CIPFA had stated that formal adoption was not required until 2023/24 but to have regard to them during the financial year. Therefore it was the aim to adopt these Codes by way of updated strategies within the financial year.

 

RECOMMENDED to Council to;

a.     adopt the Treasury Management Strategy including the Prudential Indicators for 2022/23,

b.     approve the Minimum Revenue Provision Policy Statement,

c.      approve the Annual Investment Strategy, creditworthiness criteria and updated list of counterparties.

 

REASON:

The Council was required to adopt formally a Treasury Management Strategy and set prudential indicators before the beginning of the new financial year.

163.

Financial Monitoring Report 2021/22 - Month 9 December 2021 pdf icon PDF 344 KB

Additional documents:

Minutes:

The Finance Manager gave a summary of the Council’s overall financial position for 2021/22 at the end of month nine (31 December 2021).

 

Current monitoring indicated that:

·        The General Fund Balance was being maintained within the adopted levels.

 

The first nine months of the financial year had seen a return to more stable financial performance however, service demand remains high in many service areas.

 

Income levels had continued to recover as services reopened.

 

Specific cost pressures had been identify and funded from additional Government grant, these are listed within the report.

 

·        The Housing Revenue Account Balance was being maintained at or above the adopted level.

 

Having received the report members reviewed and noted the variances identified as part of the Revenue and Capital Monitoring process up to Month 9.

 

164.

Additional Restrictions Grant (ARG) for the period 30 December 2021 to 31 March 2022 pdf icon PDF 301 KB

This report puts forward proposals to mobilise discretionary funding support to local businesses and organisations that have been impacted by the Omicron variant. 

Additional documents:

Minutes:

The Economic Development Manager put forward proposals to mobilise discretionary funding support to local businesses and organisations that had been impacted by the Omicron variant. This followed the Chancellor’s announcement of a third round of ARG top up funding on 21 December 2021 and confirmation from The Department for Business, Energy and Industrial Strategy (BEIS) that £277,681.38 of funding was being made available to the Council in this respect.

 

RECOMMENDED that;

Senior Officers approve,

1.    Endorse the proposed policy for ARG4 as set out in Appendix B

2.    Approve the operation of the ARG4 scheme as outlined in the report.

3.    Agree that the current Innovation and Resilience Fund (IRF) Councillor panel will also provide oversight of the operation of the ARG4 scheme

4.    Grant delegated authority to the Service Lead for Growth, Development & Prosperity in consultation with the Leader, Deputy Leader, Portfolio Holder for Finance and the S151 Officer to make consequential changes to the ARG discretionary policy, in order to keep the scheme aligned with any subsequent changes in government restrictions.

 

REASON:

To ensure that the Additional Restriction Grant funds could be deployed in a timely manner in meeting the 31 March 2022 spend deadline and to best effect across the District in accordance with government guidance.

 

DECISION:

The recommendation was approved by a Senior Officer.  The Senior Officer Decision Notice is listed above under Additional Documents

165.

A Clean Growth Vison for Development in the West of the District pdf icon PDF 303 KB

This report seeks endorsement for an ambitious vision for clean growth for the West of the District.

Additional documents:

Minutes:

The Service Lead Growth, Development & Prosperity sought endorsement for an ambitious vision for clean growth for the West of the District. The associated documentation had recently been considered by both the Strategic Planning  Committee and Devon County Council’s Cabinet. Approval was also sought for a budget to support the commissioning of a feasibility study to explore the potential to develop a creative/digital hub in the locality.

 

RECOMMENDED that;

Senior Officers approve,

the Vison for Clean Growth for the West of the District and recommends that the documents listed at paragraph 3.2 are endorsed.

 

RECOMMENDED to Council that;

a budget of up to £50k from the Business Rates Pilot reserve was agreed to enable the commissioning of a feasibility study in relation to the potential to develop a creative/digital hub.

 

REASON:

To help to set a clear framework for transitioning to a net zero economy and to ensure that the potential to develop a creative/digital hub could be explored

 

DECISION:

The recommendation was approved by a Senior Officer.  The Senior Officer Decision Notice is listed above under Additional Documents.

166.

Programme of Meetings 2022/2023 pdf icon PDF 272 KB

To consider the draft programme of meetings for the next civic year. This programme will be referred to the Annual Meeting of the Council. Members are asked to agree to the proposed date of Wednesday 11 May 2022 for the Annual Meeting.

 

This arrangement is to meet the legal requirement to hold an Annual Meeting and also such other meetings as are necessary for the conduct of the Council’s business in accordance with its Constitution.

 

Minutes:

The Cabinet considered the proposed timetable of meetings for the next Council year.

 

The Portfolio Holder Council and Corporate Co-ordination thanked the Democratic Services team and Henry Gordon Lennox for their continued hard work and support over the past year.

 

Members noted a few points to consider including some clashes with other meetings and that the start time for Strategic Planning ought to be in the morning due to Local Plan. The Strategic Lead Governance & Licensing confirmed that these would be looked at and a revised meeting timetable will be presented to Council.

 

Having received the report members agreed that the 2022 Annual Council meeting be held on Wednesday 11 May.

 

RECOMMENDED to Council that;

the draft meetings timetable be referred for approval to the annual meeting of the Council.

 

 

167.

Exemption to Standing Orders - Appointment of Legal Assistance for Cranbrook Town Centre pdf icon PDF 187 KB

Additional documents:

Minutes:

The report informed members of the appointment of Burges Salmon to act as legal advisors for the Council in drafting the Memorandum of Understanding (MOU) associated with the town centre and subsequent linked S106 deeds of variation. The agreement of the town centre Memorandum of Understanding was a key priority in the ongoing delivery of the new town of Cranbrook.

 

Since the original instruction of Burges Salmon it had become apparent that the drafting of the MOU was more complicated than originally anticipated (largely due to the EDDC option to purchase land) and costs had exceeded where they were initially expected to be.

 

Having received the report members reviewed and noted the Request for Exemption to Standing Orders in respect of the appointment of Burges Salmon to provide legal assistance in the drafting of the Cranbrook town centre Memorandum of Understanding and associated S106 deeds of variation.

 

168.

Exemption from Standing Orders - Appointment of Hardisty Jones pdf icon PDF 329 KB

Minutes:

The report notified Members of the use of an Exemption from Standing Orders to enable the appointment of Hardisty Jones Associates to undertake an update to the existing Greater Exeter Area Economic Development Needs Assessment which will provide essential evidence to support the production of the new East Devon Local Plan.

 

Having received the report members reviewed and noted the use of an Exemption from Standing Orders to enable the appointment of Hardisty Jones Associates to undertake an update to the existing Greater Exeter Area Economic Development Needs Assessment, which would provide essential evidence to support the production of the new East Devon Local Plan.

 

 

169.

Refurbishment of Sidmouth Changing Rooms pdf icon PDF 286 KB

Additional documents:

Minutes:

The Strategic Lead Finance presented the report.

 

Discussions included the following;

·        We have a Leisure Strategy Group in place where this should be deferred to

·        The refurbishment had been looked into over recent years, the changing rooms were 30 years old and in a poor state which affected customers and membership to the pool

 

RECOMMENDED that:

Senior officers agreeto utilise £40,000 of the approved budget for LED to support the refurbishment of Sidmouth swimming pool changing rooms.

REASON:

The request had been made by LED and it was for Cabinet to consider. This has come direct to Cabinet as a request from the Chair of LED Monitoring Forum as timing did not allow this item to be discussed at that meeting.

 

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

 

 

 

 

 

170.

Business Rates - Covid-19 Additional Relief Fund (CARF) pdf icon PDF 824 KB

Additional documents:

Minutes:

The Service Lead Revenues, Benefits, Customer Services, Corporate Fraud & Compliance Officer updated members to the Government announcement on 25 March 2021 (part of the Spring Budget) that it would provide £1.5 billion of funding under a new Covid-19 Additional Relief Fund (CARF). The purpose of the fund was to support businesses impacted by the pandemic that were ineligible for existing support linked to business rates.

 

As the government were funding rate relief as a Section 31 grant, it meant that the council was required to develop a scheme under the discretionary provision in accordance with Section 47 of the Local Government Finance Act 1988. This meant the need to determine a local policy for awarding rate relief using CARF funding.

 

The Portfolio Holder Finance and Members wished to give huge thanks to Libby Jarrett, George Whitlock and their team for the detailed modelling and clarity of the report.

 

RECOMMENDED that;

Senior Officers agree to

1.     endorse the proposed CARF discretionary scheme as set out section 5 of the report and the associated policy is approved, and

2.     grant delegated authority to the Service Lead for Revenues, Benefits, Customer Services, Fraud & Compliance in consultation with the Deputy Leader, Portfolio Holder for Finance and S151 Officer, to make consequential changes to the policy and if necessary increase the percentage of relief and cap thresholds to ensure that Government funding was fully directed to businesses in East Devon.

 

REASON:

By having a predominately formula based criteria scheme means EDDC could automatically target funds to businesses important to the local economy and ensure these reliefs were awarded in this financial year through the modelling undertaken. As the scheme also allowed for ‘special cases’, means that EDDC could provide a safety net for those that had been excluded from part 1 to still be able to apply. This approach meant the council could also striking the right balance in not creating an overly burdensome scheme to administer.

 

DECISION:

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

171.

MOU and Protocol for a Devon Wide response to support victims of Modern Slavery

Additional documents:

Minutes:

The report outlined a request for statutory agencies to sign up to the Devon MOU in order to give a multi-agency delivery around victims of modern slavery and support them through the process of the National Referral Mechanism.

 

RECOMMENDED that;

Senior Officers approve that East Devon District Council sign up to the MOU and Protocol for a Devon Wide response to support victims of Modern Slavery.

 

REASON:

East Devon District Council were identified as a statutory agency with specific roles and responsibilities relevant to safeguarding. The District council were defined as a First Responder agency under the Modern Slavery Act 2015 and the MOU outlined obligations which would deliver the multi-agency approach.

 

DECISION:

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