Agenda and minutes

Apologies received from Councillors Sarah Chamberlain, Mike Goodman, Duncan Mackinder, Tony McCollum, Simon Smith, Daniel Wilson and Eileen Wragg.

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

Agenda Item 14 – Cranbrook Community Governance Review

Councillors Kevin Blakey, Kim Bloxham and Sam Hawkins declared an NRI as they were elected members of Cranbrook Town Council.

Councillors Paula Fernley and Eleanor Rylance declared an NRI as they were elected members of Broadclyst Parish Council.

Agenda Item 22 – Motion on Notice – Highways

Councillors Jess Bailey, Ian Chubb, Marcus Hartnell and Stuart Hughes declared an ORI as they were elected members of Devon County Council.

The minutes of the Council meeting held on 4 December 2024 and the Extraordinary meeting held on 9 January 2025 were confirmed as a correct record.

Information on public speaking is available online

No members of the public had registered to speak.

Information on matters of urgency is available online

None.

The Chair invited councillors to join in congratulating Councillor Paul Hayward who had been recognised nationally by the LGA Independent Group’s Clarence Barrett Award.

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.

The Chair confirmed that there would be 1 item of business which was dealt with at agenda item 26.

The following Questions on Notice had been received and the responses given are set out as follows:

The minutes from the following meetings were presented:

·        Cabinet – 27 November 2024; 8 January 2025; and 5 February 2025

·        Scrutiny Committee – 10 December 2024; 15 January 2025 and 30 January 2025

·        Housing Review Board – 30 January 2025

·        Planning Committee 17 December 2024 and 28 January 2025

·        Strategic Planning Committee – 22 and 29 November 2024; 11 December 2024 and 4 February 2024

·        Leisure Strategy Delivery – 14 January 2025

·        Licensing & Enforcement Committee –5 February 2025

·        Licensing & Enforcement Sub-Committee – 11 December 2024 and 29 January 2025

·        Personnel Committee – 14 January 2025

·        Placemaking Exmouth Town & Seafront Group – 10 December 2024 and 10 February 2025

·        Cranbrook Placemaking Group – 18 November 2024 and 20 January 2025

·        Standards Committee – 16 January 2025

·        Audit & Governance Committee – 27 November 2024 and 27 January 2025

The Chair confirmed that there were no Called Minutes.

RESOLVED:  That the minutes from the Council’s Cabinet and Committees be noted.

The Chair of the Personnel Committee presented the recommendations in respect of the Pay Policy Statement for 2025/2026.

The Chair of Council moved the recommendation which was approved by a majority show of hands.

RESOLVED:  That the Pay Policy Statement for 2025/2026 be approved.

The Portfolio Holder for Council and Corporate Coordination presented a report setting out an update on the Corporate Peer Review. 

Members noted that the Local Government Association (LGA) were commissioned by East Devon Council to conduct a Corporate Peer Challenge (“CPC”) following a Motion at Full Council in July 2023. The Peer Challenge was conducted in February 2024 and an action plan and timetable address those recommendations was presented to members July 2024.

The Peer Challenge Team returned on 28 November 2024 and the report set out the conclusions reached by the Peer Team when reviewing the progress that has been made.

The Council noted the positive feedback from the CPC indicating that EDDC had made significant progress which was a positive reflection of the hard work that had been undertaken by the council.  

Councillor John Loudoun proposed the recommendation which was seconded by Councillor Yehudi Levine and having been put to the vote and carried by a majority show of hands.

RESOLVED:  To note the report and the positive conclusions from the Corporate Peer Review.

The Leader of Council presented a report setting out an update on progress with Local Government Reorganisation and Devolution in Devon.

The Leader confirmed that regular updates would be provided to councillors and an extraordinary full Council meeting would be held on 19 March 2025 to consider the submission of interim proposals to Government on the future arrangements for local government in Devon.

During consideration of the report the following points were raised:

·        Importance of dialogue with town and parish councils;

·        Timescales to submit proposals and the work required to set up new arrangements is too tight.

·        Importance of reviewing policies and strategies for any new authority.

·        Funding and spending over the next 2 to 3 years needs to be assessed.

·        Consultation with local residents should be part of the proposals.

Members noted that the Council would be holding a briefing session for town and parish councils in March and would continue to provide regular updates for councillors and staff.

Councillor Paul Arnott proposed the recommendation which was seconded by Councillor John Loudoun and having been put to the vote was unanimously supported.

RESOLVED:  To note the report and that an extraordinary full Council meeting would take place on 19 March 2025 to consider interim proposals.

The Portfolio Holder for Coast, Country and Environment presented a report seeking funding for 2025/2026 financial year of £10,000 for Screen Devon and £5,000 for Villages in Action to support the ongoing work set out in the East Devon District Council Culture Strategy.

The recommendation was proposed by Councillor Nick Hookway and seconded by Councillor Alasdair Bruce. 

During consideration of the report members highlighted the importance of any award of funding being subject to recipients being up to date with their statutory Companies House obligations. 

Councillor Vicky Johns proposed that the recommendation should be amended to reflect this and this was seconded by Councillor Chris Burhop, members voted on the amendment and this was carried by a majority show of hands.  The substantive motion was put to the vote and carried by a majority show of hands.

RESOLVED:  That Council approves an additional budget of £15,000 is provided from the Council’s General Fund Revenue account to fund the recommendations to provide additional funding of £10,000 to Screen Devon subject to the company Screen Devon being up to date with their statutory Companies House obligations and additional funding of £5,000 to Villages in Action as set out in recommendations 1 and 2 (set out in the Cabinet report on 8 January 2025)

The Portfolio Holder for Communications and Democracy presented a report setting out a request from Cranbrook Town Council that the Council undertook a community governance review in accordance with the Local Government and Public Involvement in Health Act 2007 to revise the parish boundary of Cranbrook to reflect the planned expansion of the town.

During consideration of the report members discussed the following:

Consultation – noted that anyone affected by the proposal would be able to participate and make comments on the proposals.

Length of process – members noted that the review could take at least one year to complete.

Councillor Sarah Jackson proposed the recommendations which were seconded by Councillor Ian Barlow and having been put to the vote was carried by a majority show of hands.

RESOLVED:

1.     That the Council undertake a Community Governance Review of the current Cranbrook Town Council area with a view to establishing whether expansion of the current town boundaries is considered to be appropriate.

2.     That the Council agrees the Terms of Reference, including the timetable and arrangements for public consultation.

3.     That the Council agree that delegated authority be given to the Monitoring Officer in consultation with the Portfolio Holder for Communications and Democracy to make amendments to the Terms of Reference as are necessary and appropriate.

4.     That the Council notify Devon County Council that a review is to be undertaken and provide them with a copy of the Terms of Reference for the Review.

5.     That Council note that further reports will be brought to Council in order that decisions may be made in respect of draft proposals and final recommendations of the Review.

The Portfolio Holder for Strategic Planning presented a report setting out details of the requirements for the Council to provide a Local Development Scheme (LDS) which sets out the programme and timetable for production of future planning documents.  Councillors noted that the proposed new LDS summarised key content and provided more information on plan production considerations.

Councillor Todd Olive proposed the recommendation which was seconded by Councillor Bethany Collins and having been put to the vote was carried by a majority show of hands.

RESOLVED:  That Council endorse the proposed new Local Development Scheme and that it should take effect immediately.

The Chair of the Audit and Governance Committee presented a report setting out details from a report of the Council’s auditors Grant Thornton who were issuing a disclaimer of the 2023/2024 Accounts. 

Councillors noted the details and future actions contained in the report.

RESOLVED:  That Council note the position with the 2023/2024 Accounts.

The Portfolio Holder for Finance presented the Treasury Management Strategy Statement incorporating Minimum Revenue Provision Policy Statement and Annual Investment Strategy and Capital Strategy for 2025/2026.

Council noted that these documents provided details on the Council’s strategy on investments and borrowing along with prudential indicators which evidenced key performance measures including the affordability of borrowing.  It was further noted that the management of investments and how the Council makes appropriate changes to revenue for the cost of capital.

Councillor Sam Hawkins proposed the recommendations which were seconded by Councillor Yehudi Levine and having been put to the vote were carried by a majority show of hands.

RESOLVED:

1.     That Council adopts the Treasury Management Strategy including the Prudential Indicators for 2025/2026.

2.     That Council approves the Minimum Revenue Policy Statement.

3.     That Council approves the Annual Investment Strategy, creditworthiness criteria and updated list of counterparts.

4.     That Council adopts the Capital Strategy 2025/2026 – 2028/2029.

The Portfolio Holder for Finance presented the Council Tax Reduction Scheme for 2025/2026 for working age residents which was unchanged from the 2024/2025 scheme.

Councillor Sam Hawkins proposed the recommendation which was seconded by Councillor Tim Dumper and having been put to the vote was unanimously carried.

RESOLVED:  That Council approve the Council Tax Reduction Scheme for working age residents for 2025/2026.

The Portfolio Holder for Finance presented the Council Tax set report for 2025/2026.

Councillor Sam Hawkins proposed the recommendation which was seconded by Councillor Richard Jefferies and a recorded vote was taken:

FOR (47):  Councillors Paul Arnott, Aurora Bailey, Brian Bailey, Jess Bailey, Ian Barlow, Kevin Blakey, Kim Bloxham, Violet Bonetta, Colin Brown, Jenny Brown, Alasdair Bruce, Chris Burhop, Maddy Chapman, Iain Chubb, Bethany Collins, Olly Davey, Ime Dumper, Peter Faithfull, Paula Fernley, Steve Gazzard, Del Haggerty, Anne Hall, Matt Hall, Marcus Hartnell, Sam Hawkins, Paul Hayward, John Heath, Nick Hookway, Stuart Hughes, Sarah Jackson, Richard Jefferies, Vicky Johns, Geoff Jung, Dan Ledger, Yehudi Levine, John Loudoun, Melanie Martin, Cherry Nicholas, John O’Leary, Todd Olive, Helen Parr, Henry Riddell, Marianne Rixson, Eleanor Rylance, Andrew Toye, Susan Westerman and Joe Whibley.

AGAINST (0):  None.

ABSTENTION (1):  Councillor Roy Collins.

RESOLVED:  That the formal Council Tax Resolution, be approved.

The Portfolio Holder for Council and Corporate Coordination presented the calendar of meetings for 2025/2026.

Councillor John Loudoun proposed the recommendation and having been seconded by Councillor Alasdair Bruce was put to the vote and unanimously carried.

RESOLVED:  That the calendar of meetings for 2025/2026 civic year be referred for approval to the annual meeting of the Council, subject to discussions with the Chairs of the meetings listed.

Motion on Notice – Broadband in East Devon

PROPOSER:  Cllr Richard Jefferies 

SECONDER: Cllr Paul Hayward
SUPPORTERS: Cllr Yehudi Levine, Cllr Duncan Mackinder and Cllr Todd Olive

East Devon District Council,

A.     Noting with concern issues raised by residents across East Devon regarding slow and unreliable broadband connections, and that some residents have been driven by poor service into arranging their own fibre optic connections,

B.     Recognising the critical importance of broadband for accessing everyday services like emails and news outlets, using online banking and shopping facilities, and engaging with digital government services like passport applications, reporting missed bin collections or environmental health issues, or accessing pensions and benefits,

C.      Emphasising the value of decent broadband for wellbeing, including benefits for social connectivity and inclusion,

D.     Highlighting the role of fast broadband speeds as an enabler of local economic growth driving productivity improvements and enabling residents of rural areas to work remotely, while also unlocking rural premises as a venue for digital businesses,

E.      Noting Devon County Council’s leaving over half of premises promised new connections under the rural connectivity scheme un-covered following a decision to ‘let off’ broadband supplier Airband from its obligations under a 2020 contract, and

F.      Recalling that this follows an appalling 2024 decision by its political leadership to divert over £7m in funding for rural broadband upgrades returned by BT to help plug its general budget deficit, rather than investing further in rural connectivity as sought by government and generally done by councils elsewhere:

1.     Requests that the Portfolio Holder for Economy and Assets:

a.      Write to all parish and town councils to canvass for evidence and experiences of poor connectivity in East Devon, and where feasible to seek the same from East Devon’s many rural businesses, and

b.      Write to the Minister for Telecoms and East Devon’s MP’s to re-iterate the issue of broadband ‘not-spots’ in our district, and ask what actions government are taking to alleviate this critical constraint on social wellbeing and economic growth; and

2.     Asks that the Leader:

a.      Invite other authorities in Devon to participate in a joint initiative - following the successful example of the Devon Water Summit - to explore the costs of poor connectivity in the region, and to invite relevant public and industry bodies to explore how superfast fibre rollouts can be further accelerated, and

b.      Writes to the Leader at Devon County Council, and the Programme Director of Connecting Devon & Somerset, to express this Council’s disappointment at the cancellation of over half of Airband’s connection obligations, and to invite them to offer an urgent briefing to this Council regarding efforts to bring superfast broadband to all of our residents, including changes made to Connecting Devon & Somerset’s due diligence processes to ensure that such failures do not happen in future.

Councillor Richard Jefferies proposed a motion on notice relating to broadband provision in East Devon which was seconded by Councillor Paul Hayward and supported by Councillors Yehudi Levine, Duncan Mackinder and Todd Olive.

In speaking to the motion Councillor Richard Jefferies raised concerns about broadband in rural areas and noted that there was also a reliance on 4G in some areas.

Councillor Jefferies requested that the Portfolio Holder for Economy and Assets:

a. Write to all parish and town councils to canvass for evidence and experiences of poor connectivity in East Devon, and where feasible to seek the same from East Devon’s many rural businesses, and

b. Write to the Minister for Telecoms and East Devon’s MP’s to re-iterate the issue of broadband ‘not-spots’ in our district, and ask what actions government are taking to alleviate this critical constraint on social wellbeing and economic growth; and

2. Asks that the Leader:

a. Invite other authorities in Devon to participate in a joint initiative - following the successful example of the Devon Water Summit - to explore the costs of poor connectivity in the region, and to invite relevant public and industry bodies to explore how superfast fibre rollouts can be further accelerated, and

b. Writes to the Leader at Devon County Council, and the Programme Director of Connecting Devon & Somerset, to express this Council’s disappointment at the cancellation of over half of Airband’s connection obligations, and to invite them to offer an urgent briefing to this Council regarding efforts to bring superfast broadband to all of our residents, including changes made to Connecting Devon & Somerset’s due diligence processes to ensure that such failures do not happen in future.

Councillor Paul Hayward in seconding the motion impacts on rural economy and rural living it was an essential service, particularly as analogue telephony was being phased out and would lead to social isolation.  Councillor Hayward further outlined that broadband speed was insufficient in certain areas and was having impacts on local communities. 

Members in discussion highlighted instances of poor broadband speed in their area and the importance for local communities and businesses to have good connectivity and supported the motion on notice.

The motion having been put and seconded was carried by a majority show of hands.

RESOLVED:

1.         That Council request that the Portfolio Holder for Economy and Assets:

a.         Write to all parish and town councils to canvass for evidence and experiences of poor connectivity in East Devon, and where feasible to seek the same from East Devon’s many rural businesses, and

b.         Write to the Minister for Telecoms and East Devon’s MP’s to re-iterate the issue of broadband ‘not-spots’ in our district, and ask what actions government are taking to alleviate this critical constraint on social wellbeing and economic growth; and

2.         That Council asks that the Leader of Council:

a.         Invite other authorities in Devon to participate in a joint initiative - following the successful example of the Devon Water Summit - to explore the costs of poor connectivity in the region, and to invite relevant public and industry bodies to explore how superfast fibre rollouts can be further accelerated, and

b.         Writes to the Leader at Devon County Council, and the Programme Director of Connecting Devon & Somerset, to express this Council’s disappointment at the cancellation of over half of Airband’s connection obligations, and to invite them to offer an urgent briefing to this Council regarding efforts to bring superfast broadband to all of our residents, including changes made to Connecting Devon & Somerset’s due diligence processes to ensure that such failures do not happen in future.

Motion on Notice – Highways

PROPOSER:  Cllr Paul Arnott          

SECONDER:  Cllr Nick Hookway
SUPPORTERS: Cllr Geoff Jung, Cllr Anne Hall, Cllr Susan Westerman and Cllr Eileen Wragg

East Devon District Council,

A.     Noting concern throughout Devon regarding the state of our region’s roads, and the impacts of this on residents’ lives,

B.     Recalling a significant history of issues raised with Devon Highways consultation responses on planning applications made to this authority, where residents and Ward Members cite material disagreements with Devon County Council Highways officers,

C.    Highlighting with grave concern Devon County Council’s admission that Devon’s highways repair backlog is out of control, with an accumulated £200m backlog in highway maintenance and repair work continuing to grow year-on-year,

D.    Alarmed that the County Council’s response to the deteriorating state of Devon’s roads is to continue with its existing – and failing – outsourced delivery model, and that this decision was undertaken without meaningful consultation with communities or partner authorities

E.     Concerned that the County Council’s provision for the introduction of new 20mph speed limit zones is woefully inadequate, with only six schemes approved for the 2024/25 financial year against 169 requests from Devon communities, up from four granted requests against 105 applications made in 2022, putting residents in East Devon and across the county at unnecessary risk:

1.     Asks that the Leader call on Devon County Council to:

a.     Urgently review the value and efficiency of its existing outsourced highway maintenance contract,

b.     Urgently reconsider its decision to continue with “business as usual” at the earliest possible opportunity, inviting genuine consultation with partner authorities and communities through that process;

2.     Requests that the Portfolio Holder for Strategic Planning:

a.     Invite the relevant Director at Devon County Council to attend a discussion with East Devon District Councillors to air concerns regarding Highways’ input into the planning process, and to raise these concerns with the relevant Devon County Council Scrutiny Committee following that meeting,

b.     Invite relevant Devon Highways officers to provide a briefing for East Devon District Councillors and Town & Parish Councillors regarding how they assess planning applications and provide consultation responses, and

c.      Following the requested briefing session, to invite East Devon District Council’s Development Management team to consult with members regarding how the information provided in Devon Highways’ responses to consultation requests could be improved to provide additional reassurance to Members and the public; and

3.     Recommends that East Devon District Council’s Scrutiny Committee consider undertaking an investigation of these issues in support of and in addition to the above measures.

Councillor Paul Arnott proposed a motion on notice relating to highways issues in East Devon.

In speaking to the motion on notice the Leader of Council requested that the Council:

1.         Asks that the Leader call on Devon County Council to:

a.         Urgently review the value and efficiency of its existing outsourced highway maintenance contract,

b.         Urgently reconsider its decision to continue with “business as usual” at the earliest possible opportunity, inviting genuine consultation with partner authorities and communities through that process;

2.         Requests that the Portfolio Holder for Strategic Planning:

a.         Invite the relevant Director at Devon County Council to attend a discussion with East Devon District Councillors to air concerns regarding Highways’ input into the planning process, and to raise these concerns with the relevant Devon County Council Scrutiny Committee following that meeting,

b.         Invite relevant Devon Highways officers to provide a briefing for East Devon District Councillors and Town & Parish Councillors regarding how they assess planning applications and provide consultation responses, and

c.         Following the requested briefing session, to invite East Devon District Council’s Development Management team to consult with members regarding how the information provided in Devon Highways’ responses to consultation requests could be improved to provide additional reassurance to Members and the public; and

3.         Recommends that East Devon District Council’s Scrutiny Committee consider undertaking an investigation of these issues in support of and in addition to the above measures.

In seconding the motion on notice Councillor Nick Hookway commented that it was important for this matter to be considered.  The state of roads in East Devon was poor and recent repair schemes had been inadequate and there were also impacts on tourism.

The motion on notice having been put and seconded was put to the vote and carried by a majority show of hands.

RESOLVED:

That Council:

1.         Asks that the Leader call on Devon County Council to:

a.         Urgently review the value and efficiency of its existing outsourced highway maintenance contract,

b.         Urgently reconsider its decision to continue with “business as usual” at the earliest possible opportunity, inviting genuine consultation with partner authorities and communities through that process;

2.         Requests that the Portfolio Holder for Strategic Planning:

a.         Invite the relevant Director at Devon County Council to attend a discussion with East Devon District Councillors to air concerns regarding Highways’ input into the planning process, and to raise these concerns with the relevant Devon County Council Scrutiny Committee following that meeting,

b.         Invite relevant Devon Highways officers to provide a briefing for East Devon District Councillors and Town & Parish Councillors regarding how they assess planning applications and provide consultation responses, and

c.         Following the requested briefing session, to invite East Devon District Council’s Development Management team to consult with members regarding how the information provided in Devon Highways’ responses to consultation requests could be improved to provide additional reassurance to Members and the public; and

3.         Recommends that East Devon District Council’s Scrutiny Committee consider undertaking an investigation of these issues in support of and in addition to the above measures.

The Portfolio Holder for Council and Corporate Coordination presented a report seeking appointments of a new member to the Independent Remuneration Panel, and the Audit & Governance Committee.

Councillor John Loudoun proposed the recommendations which were seconded by Councillor Dan Ledger and having been put to the vote were unanimously carried.

RESOLVED:

1.     That Council approve the appointment of Charles Summers to serve on the Independent Remuneration Panel effective until 31 March 2028.

2.     That Council approves the continued appointment of Nigel Arnold, Ken Bryant and Andy Cockerham until 31 March 2027.

3.     That Council approve the co-option of Robert Wood as an Independent Person to serve on the Audit and Governance Committee effective until 31 March 2028.

The Portfolio Holder for Council and Corporate Coordination presented a report seeking to add two outside bodies to the Council’s list of outside bodies and appointments to serve on them.

The Chair moved the recommendations which were put to the vote and carried by a majority show of hands.

RESOLVED:

1.         That Council agree to add the Devon and Torbay Combined County Authority Board as an outside body and to appoint the Leader of Council Councillor Paul Arnott.

2.         That Council agree to add the South West Energy & Environment Group (SWEEG) as an outside body and to appoint the Portfolio Holder for Climate Action, Councillor Marianne Rixson and the Assistant Portfolio Holder for Coast, Country and Environment, Councillor Paula Fernley.

Exclusion of the Press and Public

To consider passing a resolution having been duly proposed and seconded under Schedule 12A of the Local Government Act 1972 to exclude the press and public from the meeting, on the basis that if they were present during the business to be transacted there would be a likelihood of disclosure of exempt information, within the meaning of Schedule 12A to the Local Government Act 1972.

Reason: Para 3 Schedule 12A Information relating to the finance or business affairs of any particular person

RESOLVED:

That Council agree that the press and public be excluded from the meeting on the basis that if they were present during the business to be conducted there would be a likelihood of disclosure of exempt information defined as exempt in accordance with Paragraph 3 (information relating to the financial or business affairs of any particular person) in accordance with Schedule 12A of the Local Government Act 1972.

The Portfolio Holder for Coast, Country and Environment presented a report on the recycling and waste future service model business case.

Councillor Geoff Jung proposed the recommendation which was seconded by Councillor Paul Arnott and having been put to the vote was unanimously carried.

RESOLVED:

That Council:

1.         Support the preferred option as set out in the exempt report.

2.         agree that an implementation and mobilisation budget is made available as set out in the exempt report.

3.         endorses the role of the Portfolio Holder Team in providing oversight of the development and implementation of the proposals in line with an approved Implementation Plan.  

4.         As a priority receives a further report setting out the Full Business Case for the proposals set out in the exempt report.