Agenda and draft minutes

To receive any apologies for absence.

Apologies received from Cllrs Brian Bailey, Violet Bonetta, Sarah Chamberlain, Charlotte Fitzgerald, Steve Gazzard, Vicky Johns, John O’Leary, Simon Smith and Eileen Wragg.

To approve the minutes from the previous meeting.

RESOLVED:  that the minutes of the Full Council meeting held on 6 December 2023 be confirmed as a correct record, subject to amending:

Minute no 87 to read: Cllr Ben Ingham and

Minute no 89 to read:  1. to set up a constitutional working group made up of nine members of Council.

To receive and note any declarations of interests in respect of any matters included on the agenda for consideration at this meeting.

 

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

 

Agenda Item 11. Strata Business Plan 2024-2025.

Councillor Matt Hall, Affects Non-registerable Interest, Employee of Exeter City Council.

 

Agenda Item 12. Public Toilets Review Project.

Councillor Ian Barlow, Affects Non-registerable Interest, Member of Sidmouth Town Council.

Councillor Jenny Brown, Affects Non-registerable Interest, Member of Honiton Town Council.

Councillor Joe Whibley, Affects Non-registerable Interest, Member of Exmouth Town Council.

Councillor John Loudoun, Affects Non-registerable Interest, Member of Exmouth Town Council.

Councillor Stuart Hughes, Affects Non-registerable Interest, Member of Sidmouth Town Council.

Councillor Tony McCollum, Affects Non-registerable Interest, Member of Honiton Town Council.

 

The Chair to advise the Committee of any items on which members of the public have requested to speak and advise those members of the public present of the details of the Council’s public participation scheme.

For those members of the public who have submitted any questions or statements, please note, a three minute time limit applies to each speaker and you will be asked to speak before Councillors debate the issue.

 

Information on public speaking is available online

 

No members of the public registered to speak at this meeting.

Information on matters of urgency is available online

 

There were no matters of urgency for this meeting to consider.

The Leader of Council thanked all officers and members involved in the recent Peer Challenge Review and acknowledged that the feedback from the Peer Review was positive. 

 

The Chair of Council confirmed that the Motion on Notice would be taken as the first item of business once the meeting preliminaries had been dealt with.

 

To agree any items to be dealt with after the public (including the Press) have been excluded. Thereare two 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.

 

Members noted that there was a Part B report contained in the Agenda Pack relating to Agenda Item 18 Housing Task Force and any discussion on the details contained in that report would be dealt with in Part B closed session.

There were five questions on notice and the following responses were set out in the Agenda Pack.

 

1.     Cllr Ben Ingham asked why was the recent green wedge report allowed to be published without any vetting by the Executive Leadership Team?

 

In answer the Leader of Council advised that this was due to an oversight and the report did not come into ELT as it should have. Officers have been reminded of the need to report strategic issues such as these into ELT for consideration, before they are presented to members.

 

Cllr Ben Ingham asked a supplementary question for a total sum of the spend on the work carried out to produce the report.  The Leader of Council confirmed that a written response would be given. 

 

2.     Cllr Mike Goodman:  According to the EU's climate service, for the first-time global warming has exceeded 1.5C across an entire year, Climate change matters to our residents.

 

Can this Council make the development of their climate change strategy a priority and complete this by late summer much earlier than currently planned?

 

In response the PFH Climate Action & Emergency advised

1). With regard to global warming exceeding 1.5C across an entire year, according to an article on BBC News, ‘this first year-long breach does not break the landmark Paris agreement, but it does bring the world closer to so doing in the long term.’

 

The 8th February 2024 article further states: ‘Regrettably both the UK’s main parties have scaled back the type of pledges that many climate scientists say are needed globally if the worst impacts of warming are to be avoided.’

 

2). Turning to EDDC’s climate change strategy, this was adopted for the period 2020-2025 at Cabinet on 5th Feb 2020.  

 

Although the strategy has another year to run, officers have been working with our partners at SWEEG over the past 6 months and have a target of bringing a revised strategy forward in the summer of 2024.  There will also be an ‘annual’ 24/25 action plan that draws together the climate actions that services are delivering next year.

 

In partnership with officers and my Portfolio holder colleagues, some fantastic results have already been achieved, as reported at Scrutiny in February and November 2023.  There will be more to report later this year.

 

3.     Cllr Mike Goodman:  This council have one of the most proactive and leading poverty strategy in the UK. This was highlighted during the poverty section of the peer review.

 

What more can the council and Councillors do to communicate this work to residents and those in need?  

 

The Leader of Council advised:

The Benefits and Financial Resilience Manager and Assistant Director are working with our VCSE (Devon Communities Together) specifically around the issue of hidden and rural poverty. The aim of this work is to raise awareness of how we can help and support residents who are financially struggling but aren’t accessing support. For example, we are looking at which areas in the District don’t have a good voluntary support network already in place and how we can provide that provision or work with the local community to raise awareness. This will help reach residents who are digitally excluded.

 

We are continuing to link up with voluntary sector groups across the District to promote the work of the Financial Resilience team, attending community events and when required a face to face service out in the community; such as locating an officer in a Foodbank. We periodically will look at press releases and contact key organisations to help reach residents and are currently working on a pensioner take up campaign for welfare benefits.

 

As part of the 2023/ 24 annual report we will be providing more data including outcomes including the work of the Financial Resilience Team. This report will be submitted to the Poverty panel later this year and allows all Members to be aware of the work the Council is doing as part of our Poverty Strategy in turn helping to spread the message.

 

4.     Cllr Mike Goodman:  The Council said some time ago they were employing an officer to develop a tree strategy, can the portfolio holder update council on the progress made.

 

The PFH Coast, Country & Environment advised:

I am delighted to report that progress is now being made with the development of a Tree Strategy for EDDC.  The delay has been down to awaiting the production of Devon’s Tree & Woodland Strategy which we have now just received as a final draft. East Devon DC contributed funding, along with the other Devon LAs, towards the production of the Devon Strategy. This will provide the county-wide and higher level framework for East Devon DC’s Tree Strategy. The plan was always to ensure that both these documents would synergise on key aims and objectives around tree planting, nature recovery and climate change actions and that East Devon’s document would through consultation and discussion add in the key “local issues/challenges” to cover off in its Strategy. These will likely cover the areas on TPO’s and enforcement issues as well as tree planting targets. The workscope for the EDDC Tree Strategy will be discussed at the 21 March meeting of Overview Committee and then a brief will be prepared for work to develop the Strategy. A budget has been secured for this work.

 

5.     Cllr Mike Goodman:  In 2020/21 it was decided by without consultation with the public to re wild the cemeteries in East Devon. Was this the right decision? What lessons were learnt?

 

The PFH Finance & Assets and Coast, Country & Environment advised:

Managing our spaces for wildlife is not a new approach and we have been doing this across sites maintained by StreetScene since 2010. The approach to manage more sites for wildlife with meadow grass and wildflower was expanded through our service plan in 2020 until now, and indeed this area is being reviewed by Scrutiny in the spring, with StreetScene Officers preparing a report for this currently. I might suggest therefore that this issue is dealt with through this planned work.

 

Sections of Sidmouth Cemetery have had meadow grass cut regimes (Old cemetery area) since 2010. Managing cemeteries as spaces for wildlife is not new and many church parochial councils require the management to be encouraging this approach with the CPRE providing encouragement and awards each year. There is guidance available online from this charity called ‘Managing God’s Acre’ -  https://www.caringforgodsacre.org.uk/

 

The approach has worked reasonably well, and sites managed for wildlife across our spaces were increased in 2020 as part of planned works that were documented in our service plans. Things worked reasonably well, with some wonderful wildflowers encouraged across the newer part of the cemetery in 2021. We then experienced issues with our own team in the 22/23 season not adhering to our plan, which is where the real dissatisfaction has stemmed from. During this same period (growing season 23) our Operations manager left, it took until November last year before our new Operations Manager joined, who is now dealing with the issue and complaints. She has met with Sidmouth Town Council and local community groups to agree a re-focussed plan to manage the site balancing different views.

 

The Chair invited members to consider the report of the Council’s Director of Finance to enable the Council to calculate and set the Council Tax for 2024/2025.

 

In agreeing to the Cabinet recommendations on the Revenue and Capital Budgets 2024/2025 (Minute Number 133) on 31 January 2024 this would give the Council Tax requirement for this Council of £10,414,911 resulting in a Council Tax Band D amount of £166.78.  Council noted that this was an increase of £5 a year (3.09%), which was within the threshold stipulated by government before triggering a council tax referendum.

 

In accordance with Section 25 of the Local Government Act 2003 the Chief Financial Officer (Director of Finance) had reported to the authority on the robustness of the 2024/25 budgets and was satisfied with the adequacy of the proposed financial reserves. The 2024/25 budget recommended by Cabinet was balanced with expenditure matched by available income. 

 

The Council noted that there was a legal requirement for the Council to set a budget and associated Council Tax; the process for Council Tax Billing starts the day after the Council meeting in order to meet the necessary deadlines (bill printing, dispatch and appropriate direct debit notifications etc.). The obligation to make a lawful budget each year is shared equally by each Member.  A similar deadline is associated with council house rent accounts.

 

The Council Tax setting process is that all preceptors (Devon County Council, Police and Crime Commissioner for Devon and Cornwall, Devon & Somerset Fire & Rescue Authority and town and parish councils) set their budgets and relevant council tax requirement and then this Council, as the billing authority, formally sets the Council Tax for the area to include all the amounts to be collected.

 

The Chair of Council reminded members that in line with legislation that came into force on 25 February 2014, The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014, a recorded vote would be taken.

 

Councillor Paul Hayward proposed the recommendations which were seconded by Councillor Paul Arnott and having been duly proposed and seconded the Council RESOLVED: 

That the formal Council Tax Resolution, as printed in Appendix A is approved.

 

Recorded vote on the budget:

 

For (44): Cllrs Paul Arnott, Jess Bailey, Ian Barlow, Kevin Blakey, Kim Bloxham, Colin Brown, Jenny Brown, Alasdair Bruce, Chris Burhop, Maddy Chapman, Bethany Collins, Roy Collins, Olly Davey, Tim Dumper, Peter Faithfull, Paula Fernley, Mike Goodman, Del Haggerty, Anne Hall, Matt Hall, Marcus Hartnell, Sam Hawkins, Paul Hayward, John Heath, Nick Hookway, Stuart Hughes, Ben Ingham, Sarah Jackson, Richard Jefferies, Geoff Jung, Dan Ledger, Yehuda Levine, John Loudoun, Duncan Mackinder, Melanie Martin, Tony McCollum, Todd Oliver, Helen Parr, Henry Riddell, Marianne Rixson, Eleanor Rylance, Andrew Toye, Susan Westerman, Joe Whibley and Daniel Wilson.

 

Against:  None.

 

Abstentions:  None.

a)     Minutes – Audit and Governance Committee on 14 December 2023 and 18 January 2024

 

b)     Minutes – Cabinet on 3 January and 31 January 2024

 

c)     Minutes – Planning Committee on 19 December 2023 and 30 January 2024

 

d)     Minutes – Strategic Planning Committee on 9 January 2024

 

e)     Minutes – Joint Scrutiny Committee and Overview Committee on 11 January 2024

 

f)       Minutes – Exmouth Beach Management Plan Steering Group on 16 January 2024

 

g)     Minutes – Leisure Strategy Delivery Forum (formerly LED Monitoring Forum) on 16 January 2024

 

h)     Minutes – Overview Committee on 18 January 2024

 

i)       Minutes – Placemaking Exmouth Town and Seafront Group on 23 January 2024

 

j)       Minutes – Sidmouth and East Beach Management Plan Project Advisory Group on 23 January 2024

 

k)     Minutes – Scrutiny Committee on 24 January and 1 February 2024

 

l)       Minutes – Housing Review Board on 25 January 2024

 

m)   Minutes – Personnel Committee on 29 January 2024

 

n)     Minutes – Licensing and Enforcement Sub Committee on 6 February 2024

Members received the minutes from meetings held since the previous Council meeting on 6 December 2023, including: 

a)     Audit and Governance Committee on 14 December 2023 and 18 January 2024.

b)     Cabinet on 3 & 31 January 2024.

c)     Planning Committee on 19 December 2023 and 30 January 2024.

d)     Strategic Planning Committee on 9 January 2024.

e)     Joint Scrutiny Committee and Overview Committee on 11 January 2024.

f)       Exmouth Beach Management Plan Steering Group on 16 January 2024.

g)     Leisure Strategy Delivery Forum on 16 January 2024.

h)     Overview Committee on 18 January 2024.

i)       Placemaking Exmouth Town and Seafront Group on 23 January 2024.

j)       Sidmouth and East Beach Management Plan Project Advisory Group on 23 January 2024.

k)     Scrutiny Committee on 24 January and 1 February 2024 (consultative meeting).

l)       Housing Review Board on 25 January 2024.

m)   Personnel Committee on 29 January 2024.

n)     Licensing and Enforcement Sub Committee on 6 February 2024.

There was one set of called minutes by Cllr Helen Parr in respect of Audit and Governance Committee minute no. 30 from 14 December 2023 and the Grant Thornton report being clear on the recommendations from that report and that the minutes were incorrect. 

 

It was confirmed that the minutes approved by Audit and Governance Committee at their meeting on 18 January 2024 as a correct record and the minutes displayed on the Council’s website were correct.

 

The Chair of Council requested that Cllr Helen Parr not be heard and moved on to the next item of business.

 

 

 

Recommendation from Strata Joint Executive Committee on 30 January 2024.

The Council received a report setting out the Strata Joint Executive Committee’s recommendation to Council arising from their consideration of the report at the Strata Joint Executive Committee on 30 January 2024 relating to the Strata Business Plan for 2024/2025.

 

In response to a question relating to the different costs associated to each council it was confirmed that the charges varied dependent on the level of IT estate of each council and the transfer of a larger number of staff from East Devon District Council into Strata.

 

Cllr John Loudoun proposed the recommendation which was seconded by Cllr Eleanor Rylance and having duly been proposed and seconded the Council unanimously RESOLVED:  That the Council approve the Strata Business Plan for 2024/2025.

Recommendation from Cabinet on 3 January 2024.

The Chair of Council moved that the recommendations contained in the reports from Agenda Item 12 to Agenda Item 24 would be considered together, unless any member wished to speak on a particular item.  There being no dissent from the meeting the recommendations were carried by a majority show of hands.

 

 

The recommendation from the Cabinet arising from their consideration of the Public Toilets Review Project was unanimously carried by a majority show of hands and Council RESOLVED:  To approve a budget of £71,000 to fund an Interim Estates Surveyor post through to 31 March 2025.

Recommendation from Cabinet on 3 January 2024.

The recommendation from the Cabinet on 3 January 2024 arising from their consideration of the Council Tax Reduction Scheme for 2024/2025 was unanimously carried by a majority show of hands and Council RESOLVED:  That the Council Tax Reduction Scheme for 2024/2025 is approved.

Recommendation from Audit and Governance Committee on 18 January 2024.

The recommendation from the Audit and Governance Committee on 18 January 2024 arising from their consideration of the designation of the Director of Governance and Licensing being designated as the Council’s Senior Information Risk Owner was unanimously carried by a majority show of hands and Council RESOLVED:  That the Director of Governance and Licensing be designated as the Council’s Senior Information Risk Owner in place of the Director of Finance be approved.

Recommendation from Personnel Committee on 29 January 2024.

The recommendation from the Personnel Committee on 29 January 2024 arising from their consideration of the Pay Policy Statement for 2024/2025 was unanimously carried by a majority show of hands and Council RESOLVED:  That the Pay Policy Statement for 2024/2025 is adopted.

Recommendations from Cabinet on 31 January and Housing Review Board on 25 January 2024.

The recommendation from the Cabinet on 31 January 2024 and Housing Review Board on 25 January 2024 arising from their consideration of the Gas Safety Policy and Fire Safety Policy for Housing Service properties was unanimously carried by a majority show of hands and Council RESOLVED:  That the Gas Safety Policy and Fire Safety Policy for Housing Service properties be approved.

Recommendation from Cabinet on 31 January 2024 and Housing Review Board on 25 January 2024.

The recommendation from the Cabinet on 31 January 2024 and Housing Review Board on 25 January 2024 arising from their consideration of the Asset Management Strategy was unanimously carried by a majority show of hands and Council RESOLVED:  That an additional budget in the sum of £50,000 to fund the appointment of a consultant to develop the Asset Management Strategy for Housing Service be approved.

Recommendation from Cabinet on 31 January 2024 and Housing Review Board on 25 January 2024.

The recommendation from the Cabinet on 31 January 2024 and Housing Review Board on 25 January 2024 arising from their consideration of the Housing Task Force was unanimously carried by a majority show of hands and Council RESOLVED:  That the Council approve an additional budget in the sum of £74,000 to fund the post within the Housing Task Force.

Recommendation from Cabinet on 31 January 2024.

The recommendation from the Cabinet on 31 January 2024 arising from their consideration of the Council Tax Charges for Second Homes and Empty Properties was unanimously carried by a majority show of hands and Council RESOLVED:  That the implementation of the following be approved:

1.     The application of the current premium of 100% for all dwellings which are unoccupied and substantially unfurnished (empty dwellings) from a period of one year with effect from 1 April 2024 unless subject to an exception introduced by government;

2.     The application of a premium of 100% for all dwellings which are unoccupied but substantially furnished (second homes) from 1 April 2025 unless subject to an exception introduced by government; and

3.     The Assistant Director responsible for Council Tax is given delegated powers to implement the changes in line with the Council’s requirements and any guidance given by the Secretary of State or by regulation.

4.     To agree to the principle that the additional funds generated by the changes to second homes Council Tax premiums is ring fenced across the Devon wide system of preceptors to address the housing challenges.

5.      Subject to recommendation 4 the Council agrees to ringfence the additional income attributable to East Devon District Council’s proportion of the Council Tax charge (as referenced in section 9) to address the housing challenges.

6.      Subject to recommendation 5 being approved the Council will review the decision to ringfence the funding in 2029 (4 years from when the premium starts).

Recommendation from Cabinet on 31 January 2024.

The recommendation from the Cabinet on 31 January 2024 arising from their consideration of the Capital Strategy 2024/2025 and 2027 to 2028 was unanimously carried by a majority show of hands and Council RESOLVED:  That the Council adopt the Capital Strategy 2024/2025 and 2027 to 2028.

Recommendation from Cabinet on 31 January 2024.

The recommendation from the Cabinet on 31 January 2024 arising from their consideration of the Treasury Management Strategy 2024/2025 – Minimum Revenue Provision Policy Statement and Annual Investment Statement was unanimously carried by a majority show of hands and Council RESOLVED: 

1.     That Council adopts the Treasury Management Strategy including the Prudential Indicators for 2024/2025.

2.     That Council approves the Minimum Revenue Provision Policy Statement.

3.     That Council approves the Annual Investment Strategy, creditworthiness criteria and updates list of counterparties.

 

Recommendation from Cabinet on 31 January 2024.

The recommendation from the Cabinet on 31 January 2024 arising from their consideration of the Safeguarding Policy Review was unanimously carried by a majority show of hands and Council RESOLVED:  That Council approve the additional funding of £3,000 for requesting Disclosure Barring Service checks for councillors.

The Council considered a report setting out recommendations in relating to responses received following a statutory review of Polling Districts, Places and Stations.

 

The recommendation was unanimously carried by a majority show of hands and Council RESOLVED: 

1.     That the recommended proposals for the Poling District, Polling Places and Polling Stations be approved.

2.     That the renaming of polling districts to include the initials of the new Parliamentary Constituencies as recommended by the Association of Electoral Administrators be approved.

3.     That delegated authority is given to the Interim Returning Officer to use alternative venues if preferred ones are unavailable.

Motion 1:  Sewage & South West Water

Motion Proposed:  Cllr Todd Olive

Motion Seconded:  Cllr Geoff Jung

Motion signed:  Cllrs Olly Davey, Nick Hookway, Paul Arnott, Richard Jefferies, Paula Fernley, Matt Hall, Marianne Rixson, Yehudi Levine, Anne Hall, Charlotte Fitzgerald, Sarah Jackson, Chris Burhop and John Heath

Motion received: 1 February 2024

 

East Devon District Council,

            Noting widespread concern among East Devon residents regarding the state of local and national sewage infrastructure,

Recognising with grave concern significant disruption to the functioning of Exmouth’s sewage network due to a series of major pipe failures in December 2023, and noting extensive disruption to residents resulting from tanker movements and repair works as a result,

Alarmed at the failure of South West Water to advise East Devon District Council of sewage overflows in Exmouth over the same period, leading to reports of people and pets falling ill from exposure to untreated human waste during sea swimming,

            Stressing that these issues affect all East Devon residents, whether coastal or inland, and noting that in 2022, the last year for which full data is available:

       I.          all five of South West Water’s worst-performing East Devon consented overflow outlets by hours of spill, and four of the five worst-performing outlets by number of individual spills, were located inland,

     II.          sewage overflows from South West Water outlets in East Devon ran for over 20,000 hours, with over two-and-a-half thousand individual spills,

    III.          four South West Water outlets in East Devon spilled for over a thousand hours each, with the worst-performing outlet spilling for 1966 hours, or nearly a quarter of year,

   IV.          five South West Water outlets in East Devon spilled over a hundred times, with the worst-performing outlet spilling on more than two in every three days on average, and

     V.          twenty-six of thirty East Devon District Council wards experienced a spill, meaning over 82% of East Devon’s population lived in a ward affected by untreated sewage overflows,

Noting with alarm that constraints and actions identified in a 2010 Water Cycle Study regarding sewage infrastructure capacities have not been actioned, including:

       I.          The construction of a new Wastewater Treatment Works to serve the new community at Cranbrook,

     II.          Improvements to existing treatment works at Maer Lane and elsewhere to facilitate new development and population increases in view of contemporary capacity limits, and

    III.          Improvements to existing treatment works at Otterton and Sidmouth to improve river water quality,

Emphasising the importance of East Devon’s coasts and rivers to our area’s outstanding natural environment, and the intrinsic aesthetic, cultural, and existence value of this to our residents, and considering the substantial contribution that these natural assets make to our local economy via tourism, as recognised by our 2022 Tourism and Cultural Strategies,

Expressing concern that a failure to properly control sewage overflows into rivers and associated phosphate pollution is actively undermining efforts by East Devon District Council and others to promote ecological recovery, biodiversity, and nature restoration, and indeed is counter-productive for South West Water’s own efforts  ...  view the full agenda text for item 114.

The Chair of Council invited Cllr Todd Olive (proposer) to speak to the motion on notice. 

 

Cllr Olive confirmed that the motion on notice contained some factual inaccuracies and these had been amended.  In respect of 3b in the motion on notice a revision to the wording had been made.  A full extract of the motion on notice is attached as an appendix to these minutes. 

 

The seconder of the motion on notice, Cllr Jung  was invited to speak and called on South West Water (SWW) to seek a resolution to the ongoing issues, particularly due to the impact on Exmouth.

 

Cllr Paul Arnott proposed that a recorded vote should be conducted and this was seconded by Cllr Joe Whibley.  Having duly been moved and seconded Council RESOLVED:  To conduct a recorded vote on the Motion on Notice.

 

The Council discussed the motion on notice and the following points were raised:

·        substantial failings of SWW management of the sewage network

·        environmental vandalism including sewage and large tanker movements

·        significant number of burst pipes and hydraulic overload on the sewage system

·        lack of government funding to support adequate investment in infrastructure

·        impact on beach and sea users and subsequent impacts on tourism income

·        lack of information and transparency from SWW on the level of sewage being discharged into the local waterways and the sea

·        role of Strategic Planning in considering and commenting on the Water Cycle report

·        lobbying of central government to ensure that the discharges no longer happen

·        SWW must be accountable for the sewage network and the impacts arising from the discharges

 

Cllr Peter Faithfull proposed an amendment to the motion on notice seeking to request SWW to submit a technical presentation of the sewage system, support by technical officers from SWW to have a meaningful discussion at a technical level of their sewage system within 3 months of the date of this Council meeting.

 

The amendment was not seconded and fell away. 

 

Cllr Sophie Richards left the meeting at 6.36pm.

 

Cllr Alasdair Bruce proposed an amendment to the motion that East Devon District Council will not consider any major planning application for new residential development without a report from SWW confirming that they have capacity in their system to deal with new development.

 

The amendment was seconded by Cllr Dan Wilson.

 

It was pointed out that as SWW were not a statutory consultee it would not be possible to make this request and subsequently the amendment was withdrawn.

 

Cllr Mike Goodman proposed an amendment to refer the motion on notice to the Scrutiny Committee to review the contents of the motion and related actions with a full report coming back to Council for consideration.

 

The amendment was seconded by Cllr Colin Brown. 

 

A number of members did not support that the motion on notice should be referred to Scrutiny Committee and if the motion was supported by Council it would ensure sufficient weight was given to the requests set out in the motion.

 

The amendment having been moved and seconded was put to the vote and lost by a majority show of hands.

 

Motion put to the vote and lost by a majority show of hands

 

Cllr Barlow proposed an amendment that a politically balanced group should be set up to ensure the points set out in the more were delivered on.  In response Cllr Olive advised that the Scrutiny Committee had already agreed to set up a Task and Finish Forum and there was no need for a further group to be formed.  Cllr Barlow withdrew the amendment.

 

Cllr Jess Bailey moved an amendment to the motion, requesting that the Leader of Council writes to request that the Chief Executive of South West Water forgoes any bonuses until there has been significant improvement in SWW’s environmental metrics as published by the Environment Agency and calling on SWW to urgently publish details of sewage discharge into rivers and waterways.

 

The amendment was seconded by Cllr Tony McCollum.

 

It was confirmed that this was not within the control of this Council to propose and after consideration the amendment was withdrawn.

 

Cllr John Loudoun moved that the Question be put, the Chair of Council advised that the item had not been sufficiently discussed and invited further comments to be made.

 

The Chair confirmed that the item had not been sufficiently discussed and the debate on the motion continued.

 

In summing up Cllr Todd Olive called on members to support the motion in sending a strong message to SWW to engage and work with the Council and the local community to improve the sewage system in the district.

 

Having duly been moved and seconded a recorded vote was taken and Council RESOLVED:

That conscious of the need for East Devon District Council to address these issues on account of its responsibilities to the environment, environmental health, and as the Local Planning Authority, while noting with frustration that many legal powers of investigation and enforcement are reserved to central government and under-funded, under-staffed statutory regulators:

1.     Declares that it has no confidence in South West Water’s existing systems and processes for proactively managing and investing in East Devon’s sewage infrastructure;

2.     Requests that the Leader write publicly to the Chief Executive of South West Water to invite the company to:

a.     commit to involving the District Council in discussions with Town and Parish Councils regarding ongoing and upcoming works on South West Water infrastructure,

b.     jointly convene a regular liaison group bringing together senior staff from South West Water and East Devon District Council, together with relevant East Devon Cabinet members, to proactively monitor and respond to ongoing developments and issues,

c.      proactively and transparently engage with East Devon District Council’s Planning Policy team and processes on an ongoing basis to ensure that the emerging Local Plan can deliver development without exacerbating existing issues with storm overflows and capacity constraints, and in tandem with network improvements,

d.     more broadly, to commit to working with East Devon District Council’s planning officers to help manage development pressures on infrastructure and respond to community concerns, to responding to requests for consultation and providing relevant data, to accepting invitations to Planning Committee meetings to discuss applications whenever possible, and taking other relevant steps, and

e.     commit to actively engaging with East Devon District Council’s Beach Safety Officer and Environmental Health team to proactively advise of overflow discharges in the interest of public safety;

3.     Further requests that the Leader copy correspondence to our local MPs to encourage them to support our efforts to engage South West Water, and to lobby government to:

a.     revisit weak legislation allowing water companies until 2038 to reduce phosphate pollution in rivers from sewage overflows by only 80%, with a view to requiring more immediate action in the short- and mid-term to reduce storm overflows and ameliorate capacity issues,

b.     designate South West Water and other water authorities as a statutory consultee on all major planning applications, and require them to provide legally-binding assurances regarding any infrastructural works they indicate will be occurring,

c.      resist a request by South West Water to raise bills by over 20% by 2030, before inflationary increases, until demonstrable action on sewage spills has been taken to reduce spills towards South West Water’s own 2025 targets, and

d.     restore Environment Agency funding to 2009/10 real-terms levels, and properly fund other environmental regulators, to ensure that polluting activities are fully and robustly monitored, investigated, and where necessary enforcement action taken;

4.     Resolves that Strategic Planning Committee evaluate what planning policy measures, including spatially and/or temporally limited moratoria on development, are required to respond to any sewage capacity issues that might be identified by the upcoming Water Cycle Study at the earliest possible opportunity following its receipt;

5.     Further resolves that the results of the Water Cycle Study and any resulting measures recommended by Strategic Planning Committee be actively publicised to residents and brought to the attention of South West Water as the body responsible, including through the proposed liaison group if and when it is implemented; and

6.     Instructs that Strategic Planning Committee, or another committee if this is considered more appropriate by officers, considers a standing item to annually review progress on any recommendations made by the Water Cycle Study.

Recorded Vote:

 

For (48):  Cllrs Paul Arnott, Jess Bailey, Ian Barlow, Kevin Blakey, Kim Bloxham, Jenny Brown, Alasdair Bruce, Chris Burhop, Maddy Chapman, Iain Chubb, Bethany Collins, Roy Collins, Olly Davey, Tim Dumper, Peter Faithfull, Paula Fernley, Del Haggerty, Anne Hall, Matt Hall, Marcus Hartnell, Sam Hawkins, Paul Hayward, John Heath, Nick Hookway, Mike Howe, Stuart Hughes, Ben Ingham, Sarah Jackson, Richard Jefferies, Geoff Jung, Dan Ledger, Yehuda Levine, John Loudoun, Duncan Mackinder, Melanie Martin, Tony McCollum, Cherry Nicholas, Todd Olive, Helen Parr, Henry Riddell, Marianne Rixson, Eleanor Rylance, Andrew Toye, Susan Westerman, Joe Whibley and Dan Wilson.

 

Against:  None.

 

Abstentions (2):  Cllr Colin Brown and Mike Goodman.