Public Document Pack North Devon Council Brynsworthy Environment Centre Barnstaple North Devon EX31 3NP

M. Mansell, BSc (Hons), F.C.P.F.A. Chief Executive.

To: All Members of the Council and Chief Officers

NOTE: PLEASE NOTE THAT PRAYERS WILL BE SAID AT 5.55 P.M. PRIOR TO THE COUNCIL MEETING FOR ANY MEMBER WHO WISHES TO ATTEND

COUNCIL MEETING

YOU ARE HEREBY SUMMONED to attend a meeting of NORTH DEVON COUNCIL to be held in the Barum Room - Brynsworthy Environment Centre on WEDNESDAY, 13TH MARCH, 2019 at 6.00 pm.

Chief Executive

AGENDA

1. Apologies for absence

2. To approve as a correct record the minutes of the meeting held on 25th February 2019 (attached). (Pages 1 - 26)

3. Chairman's announcements

4. Business brought forward by or with the consent of the Chairman

5. Replies to any questions submitted by the Public and/or to receive Petitions under Part 4, Council Procedures Rules, Paragraphs 8 and 9 of the Constitution

6. To consider motions of which notice has been submitted by Members in accordance with Part 4, Council Procedure Rules, Paragraph 11 of the Constitution

7. Declarations of Interest (NB. Members only need to re-declare any interests previously declared at Committee and Sub-Committee meetings if the item is discussed at Council).

8. Chairman's replies to any questions to Council by Members submitted under Part 4, Council Procedures Rules, Paragraph 10 of the Constitution

9. To agree the agenda between Part 'A' and Part 'B' (Confidential Restricted Information).

PART A

10. Executive Reports (Pages 27 - 48) (NOTE: Minutes of the meetings of the Executive held on 26th February 2019 and 4th March 2019 (attached)). (NOTE: Please refer to Guidance Notes for Rules of Debate at meetings of Council on page 5 of the agenda front pages).

(a) Exe cutive Leader Report (Pages 49 - 50) Report by Leader (attached).

(b) Executive Members reports, as required (c) Questions to Executive submitted under Part 4, Council Procedure Rules, paragraph 10 of the Constitution (d) Recommendations of Executive (Pages 51 - 52) To consider the recommendations of the Executive (attached).

(i) 26th February 2019

(A) Minute 114 (b) : Leisure Provision at Seven Brethren (NOTE: This recommendation will be considered under item 18 on the agenda).

(ii) 4th March 2019

(A) Minute 125 (b): Approval and Release of Section 106 Public Open Space Funds, Croyde. (B) Minute 126 (d): Braunton BMX.

11. Public Spaces Protection Order in and Around Ilfracombe Harbour (Pages 53 - 218) Report by Harbour Master (attached).

12. Outside Bodies – Report of Appointees. (Pages 219 - 242) Reports by Head of Corporate and Community (attached).

13. Report of Chairman of Overview and Scrutiny Committee Chairman of Overview and Scrutiny Committee to report.

14. Report of Chairman of Audit Committee (Pages 243 - 246) Report by Chairman of Audit Committee (attached).

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15. Urgent Decisions Taken During the Period 14th February 2019 to 4th March 2019 To note that no urgent decisions have been taken during this period.

16. Minutes of Committees Council is recommended to note the schedule of Committee minutes and approve recommendations as listed below:

(a) Planning Committee (Pages 247 - 252) (i) 13th February 2019

(b) Licensing Committee (Pages 253 - 258) (i) 5th February 2019

Minute 41: North Devon Council Hackney Carriage Tariff. (NOTE: This recommendation will be considered by a future meeting of the Executive).

(c) Personnel Committee (Pages 259 - 262) (i) 26th February 2019

Minute 5: Early Retirement (NOTE: This recommendation will be considered under item 19 on the agenda)

17. Exclusion of Public and Press and Restriction of Documents RECOMMENDED:

(a) That under Section 100A (4) of the Local Government Act 1972 the public and press be excluded from the meeting for the following items as they involve the likely disclosure of exempt information as defined by Paragraphs 1 and 3 Part 1 of Schedule 12A of the Act (as amended from time to time), namely information relating to any individual and the financial or business affairs of any particular person (including the authority holding that information).

(b) That all documents and reports relating to the items be confirmed as “Not for Publication”.

PART B (CONFIDENTIAL RESTRICTED INFORMATION)

18. Leisure Provision at Seven Brethren (Pages 263 - 276) Report by Contracts Delivery Manager and minute extract of the special Executive meeting held on 26th February 2019 (attached).

19. Request for Early Retirement (Pages 277 - 282) Report by Human Resources Manager and minute extract of the special

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Personnel Committee meeting held on 26th February 2019 (attached).

If you have any enquiries about this agenda, please contact Corporate and Community Services, telephone 01271 388253

5.03.19

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GUIDANCE NOTES FOR RULES OF DEBATE AT MEETINGS OF COUNCIL

Part 4, Council Procedure Rules of the Constitution

The basics

At a meeting of Full Council, Members shall stand when speaking unless unable to do so and shall address the Chair.

While a Member is speaking, other Members shall remain seated unless rising for a point of order, a point of information or in personal explanation.

No speeches may be made after the mover had moved a proposal and explained the purpose of it until the motion has been seconded.

Unless notice of motion has already been given, the Chair may require it to be written down and handed to him before it is discussed.

When seconding a motion or amendment, a member may reserve their speech until later in the debate.

Speeches must be directed to the question under discussion or to be personal explanation or point of order.

A speech by the mover of a motion may not exceed 5 minutes without the consent of the Chair.

Speeches by other Members may not exceed 3 minutes without the consent of the Chair, unless when the Council’s annual budget is under discussion, the leader of each political group on the Council may speak for up to 5 minutes or such longer period as the Chair shall allow.

The rules of Executive Question Time

At a meeting of the Council, other than the Annual meeting, a Member of the Council may ask the Leader, any Executive Member or the chair of a committee any question without notice upon an item of the report of the Executive or a committee when that item is being received or under consideration by the Council.

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North Devon Council protocol on recording/filming at Council meetings

The Council is committed to openness and transparency in its decision-making. Recording is permitted at Council meetings that are open to the public. The Council understands that some members of the public attending its meetings may not wish to be recorded. The Chairman of the meeting will make sure any request not to be recorded is respected.

The rules that the Council will apply are:

1. The recording must be overt (clearly visible to anyone at the meeting) and must not disrupt proceedings. The Council will put signs up at any meeting where we know recording is taking place.

2. The Chairman of the meeting has absolute discretion to stop or suspend recording if, in their opinion, continuing to do so would prejudice proceedings at the meeting or if the person recording is in breach of these rules.

3. We will ask for recording to stop if the meeting goes into ‘part B’ where the public is excluded for confidentiality reasons. In such a case, the person filming should leave the room ensuring all recording equipment is switched off.

4. Any member of the public has the right not to be recorded. We ensure that agendas for, and signage at, Council meetings make it clear that recording can take place – anyone not wishing to be recorded must advise the Chairman at the earliest opportunity.

5. The recording should not be edited in a way that could lead to misinterpretation or misrepresentation of the proceedings or in a way that ridicules or shows a lack of respect for those in the recording. The Council would expect any recording in breach of these rules to be removed from public view.

Notes for guidance:

Please contact either our Corporate and Community Services team or our Communications team in advance of the meeting you wish to record at so we can make all the necessary arrangements for you on the day.

For more information contact the Corporate and Community Services team on 01271 388253 or email [email protected] or the Communications Team on 01271 388278, email [email protected].

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North Devon Council offices at Brynsworthy, the full address is: Brynsworthy Environment Centre (BEC), Roundswell, Barnstaple, Devon, EX31 3NP.

Sat Nav postcode is EX31 3NS.

At the Roundswell roundabout take the exit onto the B3232, after about ½ mile take the first right, BEC is about ½ a mile on the right.

Drive into the site, visitors parking is in front of the main building on the left hand side.

On arrival at the main entrance, please dial 8253 for Corporate and Community Services.

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This page is intentionally left blank Agenda Item 2 Council - 25 February 2019

NORTH DEVON COUNCIL

Minutes of a meeting of NORTH DEVON COUNCIL held at Barum Room - Brynsworthy Environment Centre on Monday, 25th February, 2019 at 6.00 pm

PRESENT: Members:

Councillor Moore (Chairman)

Councillors Biederman, Barker, Bonds, Bradford, Brailey, Campbell, J Cann, R Cann, Chesters, Crabb, Croft, Davis, Edgell, Edmunds, Flynn, Fowler, Gubb, Haywood, Hunt, Jones, Lane, Leaver, Ley, Lovering, Luggar, Mackie, Mathews, Meadlarkin, Moores, Patrinos, Prowse, Spear, Tucker, Webber, White, Wilkinson, Worden and Yabsley

Officers:

Chief Executive, Head of Corporate and Community Services and Head of Resources

82. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Chugg and Greenslade.

83. TO APPROVE AS A CORRECT RECORD THE MINUTES OF THE MEETING HELD ON 16TH JANUARY 2019.

RESOLVED that the minutes of the meeting held on 16th January 2019 (circulated previously) be approved as a correct record and signed by the Chairman.

84. CHAIRMAN'S ANNOUNCEMENTS

The Chairman reminded Members, Officers and members of the public in attendance of the housekeeping procedure rules.

85. BUSINESS BROUGHT FORWARD BY OR WITH THE CONSENT OF THE CHAIRMAN

There were no items of business brought forward by or with the consent of the Chairman.

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86. REPLIES TO ANY QUESTIONS SUBMITTED BY THE PUBLIC AND/OR TO RECEIVE PETITIONS UNDER PART 4, COUNCIL PROCEDURES RULES, PARAGRAPHS 8 AND 9 OF THE CONSTITUTION

(a) To receive a question from Elizabeth Easterbrook-Hill Council received the following question from Elizabeth Easterbrook-Hill:

“I represent a group of residents in Bishops Tawton, where the County Council are proposing to install an underpass to cross the A361 between the village and Bishops Tawton Road in Newport. The County Council had originally told us that, in their opinion, the work could be carried out under their permitted development rights and did not require planning consent. They have more recently advised that they are reconsidering this clearly incorrect view given the professional advice we have recently submitted to them.

The underpass proposal came about as a result of concerns raised by the Parish Council and local residents on the impact of the proposed Bishops Tawton Roundabout improvements on pedestrian safety (around 70 people a day currently cross the A361 on foot – most of these are at the start or end of the school day). We have expressed concerns to the County Council regarding the proposal on a number of points, the key ones are:

 That the underpass proposal should be given proper scrutiny and be dealt with as a planning application, rather than as permitted development. This would allow proper scrutiny by the police, local council and Environment Agency of the impact of the proposal on personal safety, environmental impact and impact on the local drainage network;  That an underpass is not the safest nor most economical solution to the problem of pedestrian safety (Toucan crossings have been considered suitable in at least two other crossings of the Link Road between Barnstaple and Bideford – at Roundswell and Heywood);  That the proposal is a huge waste of public money. We have been advised that an underpass would cost £2m. A Toucan crossing would be a fraction of the cost.

Can I ask that the District Council insist that the proposal is dealt with as a planning application and that you make sure that the proposals are subject to proper scrutiny with regards to

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safety, environmental harm and cost effectiveness?”

In response to the question, the Leader advised “Thank you for your enquiry. The District Council as local planning authority will determine any application submitted to it. We can not however require a developer to submit a planning application when the development proposed falls within permitted development rights. We have however passed the question on to DCC who have responded to say that a decision regarding Bishop’s Tawton Roundabout is currently on hold whilst DCC reviews options for progressing the scheme as a result of the comments submitted during the public consultation. If the outcome of this review is that the works form a major scheme, then DCC will move to submit a planning application; most likely in late spring. Any further questions regarding DCC’s proposals should be directed to DCC or the local DCC members”.

Councillor Edgell (in his capacity as Devon County Councillor for the area) advised that the matter was currently being examined by Devon County Council and it was anticipated that a decision would be made in March 2019. The District Council could make representations to Devon County Council regarding the proposed scheme.

The Leader advised that he would write to Devon County Council to express the concerns raised.

(b) To receive a question from Gareth Vaughan-Williams Council received the following question from Gareth Vaughan- Williams:

“Now that planning approval has been given for work to the Link Road, what measures will the Council take to make sure that the impacts of increased traffic on the local communities will be mitigated?

The County Council’s own studies predict that even with the Link Road widening and junction improvements in place, rush hour traffic on some of Barnstaple’s residential streets will increase by 30%. Some of these roads, like South Street and Bishops Tawton Road where I live, are not designed to cope with the amount of traffic they are already getting. Cars and lorries regularly mount the pavements, putting pedestrians lives at risk, parked cars are regularly damaged and residents’ houses vibrate every time a lorry goes by. Journeys on foot and by bicycle are suppressed and the quality of life of the whole neighbourhood is affected.

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Increased volumes of traffic are bound to exacerbate these problems and to lead to more problems of rat running, increased risk to pedestrians and potential damage to listed buildings. I have tried bringing these matters to the attention of the County Council, but their response has been underwhelming. Can I ask that the District Council give the issue of increased traffic in Barnstaple’s residential streets the scrutiny it deserves?”

In response to the question, the Leader advised “Thank you for your enquiry. When a planning application is submitted to the District Council for it to determine as local planning authority, the impact of the development on the highway network is an issue that is given consideration. The District Council will consult with the Highway Authority, DCC, who will provide its views on each relevant application. Those views are then taken into account by the District Council when taking the decision. In that regard, traffic issues are scrutinised as part of the process. Because the question raises general concerns, the District Council has passed a copy of the question to DCC who have responded as follows:- “With the significant level of growth identified in the Local Plan for the Bideford and Barnstaple areas, traffic growth will occur. The function of the A39/A361 strategic corridor will be vital to future traffic management in the Northern Devon area and for supporting the local economy. Without improvements to this corridor the impacts of traffic growth on some other routes like South Street are likely to be worse than if we do nothing. To mitigate the worst impacts of traffic growth on the town’s local road network, the transport strategy and infrastructure delivery plan for the local plan does support improvements to the junctions on the A361/A39 corridor. It also supports investment in walking, cycling and bus infrastructure in promoting alternatives to using the car for local trips and for encouraging travel into and around Barnstaple by bus from the surrounding major road network. It is important that new developments both help to deliver elements of new highway infrastructure to access their sites and contribute towards the delivery of initiatives to promote alternatives to using the car, particularly for short distance trips or trips that could be made by more sustainable means. South Street, along with many other routes into and around the town will remain important main road routes for the town as traffic volumes increase. Restrictions to these routes would reduce the network resilience, reducing the option of alternative routes in the case of a road closure or traffic collision elsewhere on the network. To reduce issues with

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vehicles mounting pavements on South Street and to maintain the street’s good safety record, it has been recommended that previous parking management changes are revisited and that local pavement improvements also be considered if there is support from adjacent property owners”. Any further questions about the strategic approach to traffic management should be addressed to DCC or to the local DCC members”. 87. TO CONSIDER MOTIONS OF WHICH NOTICE HAS BEEN SUBMITTED BY MEMBERS IN ACCORDANCE WITH PART 4, COUNCIL PROCEDURE RULES, PARAGRAPH 11 OF THE CONSTITUTION

(a) To consider the following notice of motion from Councillor Worden

Councillor Worden presented his notice of motion to Council.

It was moved by Councillor Worden and seconded by Councillor Biederman “This Council acknowledges that there is overwhelming evidence indicating that human activity has resulted in global climate change that threatens our future and those of generations to come. It is clear that we must all take significant steps to address our lifestyles immediately in order to slow and, in time, reverse this damage. In our position as a local authority, we have a crucial role to play in both leading by example and influencing the way that the residents and businesses of North Devon live and work. The Officers and Members in recent years have started to address the causes and impact of Climate Change in North Devon. As a Council, we have already worked on reducing the use of plastics and improving recycling rates. However, there is much more that needs to be done such as encouraging residents, where possible, to shop locally and to use local produce. This Council acknowledges that effective action to address these issues will take time to implement. We cannot expect residents to change their habits if we are not prepared to lead by example in the fight against climate change for the sake of everyone in North Devon both now and in the future. This Council therefore resolves to set up an officer-led working group, to include interested councillors, drawing on expert external advice to provide informed policy input and practical suggestions of issues that this Council can and should be addressing going forward. This working group should report to the Overview and Scrutiny Committee with the remit to make recommendations as appropriate to the Executive and Full Council.”

It was moved by Councillor Spear and seconded by Councillor Barker “that the notice of motion be amended to include that the officer-led working group be under the leadership of the Portfolio Holder for the Environment.”

Councillor Worden agreed to take the amendment on board within the notice of motion.

RESOLVED that this Council acknowledges that there is overwhelming evidence indicating that human activity has resulted in global climate change that threatens our future and those of

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generations to come. It is clear that we must all take significant steps to address our lifestyles immediately in order to slow and, in time, reverse this damage. In our position as a local authority, we have a crucial role to play in both leading by example and influencing the way that the residents and businesses of North Devon live and work. The Officers and Members in recent years have started to address the causes and impact of Climate Change in North Devon. As a Council, we have already worked on reducing the use of plastics and improving recycling rates. However, there is much more that needs to be done such as encouraging residents, where possible, to shop locally and to use local produce. This Council acknowledges that effective action to address these issues will take time to implement. We cannot expect residents to change their habits if we are not prepared to lead by example in the fight against climate change for the sake of everyone in North Devon both now and in the future. This Council therefore resolves to set up an officer-led working group under the leadership of the Portfolio Holder for Environment, to include interested councillors, drawing on expert external advice to provide informed policy input and practical suggestions of issues that this Council can and should be addressing going forward. This working group should report to the Overview and Scrutiny Committee with the remit to make recommendations as appropriate to the Executive and Full Council.”

88. DECLARATIONS OF INTEREST

There were no declarations of interest announced.

89. CHAIRMAN'S REPLIES TO ANY QUESTIONS TO COUNCIL BY MEMBERS SUBMITTED UNDER PART 4, COUNCIL PROCEDURES RULES, PARAGRAPH 10 OF THE CONSTITUTION

There were no questions submitted to Council by Members under Part 4, Council Procedure Rules, Paragraph 10 of the Constitution for consideration.

90. EXECUTIVE REPORTS

(a) Executive Leader Report Council noted a report by the Leader of the Council (circulated previously) regarding the work of the Executive. (b) Executive Members reports, as required There were no Executive Member reports. (c) Questions to Executive submitted under Part 4, Council Procedure Rules, paragraph 10 of the Constitution The following questions were submitted in advance of the

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meeting and responses provided by the Leader were tabled:

(i) Question to Councillor Brailey from Councillor Leaver “As we are all aware matters are far from settled at a national level on future economic relationship with overseas trading partners, while businesses in North Devon that rely on exporting continue to need clarity on a range of issues in order to plan business activity effectively. Will the Leader ensure that any Brexit risk assessment that has been undertaken, to prepare the council and businesses in North Devon in uncertain economic times, is published in full?” Councillor Brailey’s response “Councillor Leaver thank you for your question. Yes.” In response to a supplementary question, Councillor Brailey advised that the Head of Corporate and Community had written to a number of individual businesses inviting them to attend the conference on Brexit that had been arranged on 11th March 2019 and was awaiting responses.

(ii) Question to Councillor Brailey from Councillor Leaver “Would the Leader comment on what additional measures the council plans to put in place to address on-going and urgent concerns about climate change and its likely impact on the environment and future generations’ health and well-being. Specifically, would the Leader support proposals for a cross party Climate Change Working Group to be established, to include experts from outside the council, to develop robust policies and procedures to address the Council’s own impact, and to work with the private and voluntary sectors, and the general public, to seek to reduce North Devon’s impact on Climate Change.” Councillor Brailey’s response “Councillor Leaver thank you for your question I think we have dealt with this under item 6 of the agenda. However, you will understand the Councillor Cann has for some time been very active and effective on these issues and has a working group that review these problems. I believe Council should thank Councillor Cann for his efforts thus far.”

(iii) Question to Councillor Brailey from Councillor Tucker “I submitted to Full Council in September 2018 a notice of motion regarding car parking and the size of car parking spaces, which was referred

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to the Executive. Five months later – February 2019 nothing has happened. Why?” Councillor Brailey’s response “Councillor Tucker thank you for your question, a report has been written but needs finalising, this report was due to go to the March Executive, however, the originator was asking for clarification on one aspect. The recommendation will go to Executive in April because clarification was not forthcoming prior to the Executive Agenda being published. The likely recommendation is that “Executive agree to a full audit of North Devon Council managed car parks. This will create a full schedule of resurfacing and lining works required and identify any potential car parks where an increase to the sizing of parking bays may be viable.”

(iv) Question to Councillor Brailey from Councillor Worden “When South Molton swimming pool was built on town council land using North Devon District Council money it was handed over to the South Molton Swimming Pool Trust to run. NDC promised at that time to pay the Trust an annual subsidy of over £30,000 to be indexed linked to help finance the pool. However, in recent years this subsidy has been reduced despite the original promise made. Despite increasing prices and doing all that it could to attract extra swimmers the Trust found it difficult to make ends meet even though the Town Council also gave them a grant. So in February 2018 the Pool was taken over by a charitable (non-profit making) organisation 1610 Limited. The SMSP Trustees took advice at the time of signing in, February 2018, that barring extraordinary and totally unexpected financial conditions, the South Molton Town Council and North Devon District Council grants would continue – albeit at a diminishing rate, down to zero – for the agreed term, another six years until 2025. Now it appears that we are breaking this as well as eliminating their grant altogether. Does the Leader not agree that NDC has a moral obligation to continue to financially support the South Molton Swimming Pool?” Councillor Brailey’s response “Councillor Worden thank you for your question. Although there is some poetic licence in your points certainly this council never agreed to a £30,000 a year at any time. We have however given hundreds of thousands of pounds over the years. You can

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appreciate that at the time the South Molton Swimming Pool was built the future funding cuts to District Council’s was not on the horizon and we have seen significant funding reductions to this Council and we have had to cut out cloth accordingly and continually review our spending plans. Since 2010, we have seen our budget reduce by almost £4million (to £12million) and our workforce has shrunk by 30% down to around 400 staff. We have continually reviewed grants we pay out and have been consistent with our message to all third party organisations that grants are subject to the annual budgetary framework and we cannot guarantee funding to any organisation for more than that forthcoming year in question. The grant funding to the South Molton Swimming Pool Trust has been continued to be paid for a number of years; however the financial context of how the pool is now run has changed due to the trust having outsourced the running of the pool to 1610 Limited (a private company limited by guarantee). I agree they are set up as a ‘not for profit’ organisation and have charitable objectives; but they are still a commercial organisation and run 17 sites throughout the Country; employ a CEO and have around 500 staff. Many Leisure organisations are set up in this way and one such advantage of this structure is they can obtain relief in their business rates; therefore the industry has many charities, trusts, CICs and companies limited by guarantee but which they all still operate in the commercial market place. An example of this is when 1610 Limited won the contract to take over the running of Torridge Council’s Leisure Centres, it did so after a competitive tendering exercise open to all types of leisure operators; in that regard 1610 Limited are a commercial operator. Before 1610 Limited took over the running of the pool, myself and the Council’s Chief Financial Officer met with them together with the South Molton Town Council clerk and it was made very clear that grant funding would be honoured for the forthcoming financial year at that time (2018/19) however any future grant funding would be subject to the annual budget setting and thus future years could not be guaranteed. I do have to correct you Councillor Worden; in that this Council did not agree that grant funding would continue at a diminishing rate, down to zero for another six years to 2025; as I have

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already stated all grant funding is subject to the annual budget process; and thus I could only agree the funding for that one year 2018/19. Since this meeting, we have honoured the 2018/19 grant but have now also reviewed the financial accounts of 1610 Limited. As mentioned above; they employ more staff than we as a Council do and 1610 Limited have a ‘general fund reserve’ of £1.5million; which had actually grown by £110,000 in the last published accounts to 31 March 2017. The accounts also had a statement within them that they had seen ‘an underlying substantial growth in its core business’. To put into context, the ‘general fund reserve’ of North Devon Council has a lower balance of £1.2million. Even though the swimming pool is not a direct service provided by the District Council, this Council has supported the Pool (and previous trust) for some considerable time and also invested a large amount of capital funding from section 106 funds into recent improvements. However, the pool is now being run by a commercial operator which is bigger than the Council and so we now question whether this Council should be using publicly funded money from the Council Tax payers of North Devon to help fund an organisation when it does not provide a direct service to the District Council.” In response to a supplementary question, the Leader advised that he had examined a number of historical documents dating back to 1993/94 and there had been no reference to the Council paying an annual subsidy of either £30,000 or £36,000.

(d) Recommendations of the Executive Council considered the recommendations of the Executive held on 7th January 2019 and 4th February 2019 (circulated previously).

It was moved by Councillor Brailey and seconded by Councillor Croft “that minutes 92, 93, 94 (b) and 95 (b) of the meeting held on 7th January 2019 and minutes 101 (f) and 109 of the meeting held on 4th February 2019 be adopted.”

RESOLVED that minutes 92, 93, 94 (b) and 95 (b) of the meeting held on 7th January 2019 and minutes 101 (f) and 109 of the meeting held on 4th February 2019 be adopted.

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91. QUARTERLY PERFORMANCE AND FINANCIAL MANAGEMENT - QUARTER 3 2018/19

(a) Report of meeting of the Overview and Scrutiny Committee Councillor Patrinos, Chairman of the Overview and Scrutiny Committee presented the Committee’s report on the Quarterly Performance and Financial Management Quarter 3 2018/19 (tabled). (b) Report of meeting of the Executive Councillor Brailey reported the recommendations of the Executive on the Quarterly Performance and Financial Management Quarter 3 2018/19 (circulated previously).

It was moved by Councillor Brailey and seconded by Councillor Barker “that minute 100 (f) of the meeting of the Executive held on 4th February 2019 be adopted”.

RESOLVED that minute 100 (f) of the meeting of the Executive held on 4th February 2019 be adopted.

92. REVIEW OF CHARGES AND FEES FOR SERVICES 2019/20

The Head of Resources advised Council that the Head of Operational Services had requested that the commercial waste charges for the collection of garden waste be amended to be aligned to the collection of domestic garden waste of £36 per year. It was therefore recommended that the charge for the collection of commercial garden waste be amended to £36 per year.

(a) Report of meeting of the Overview and Scrutiny Committee Councillor Patrinos, Chairman of Overview and Scrutiny Committee presented the Committee’s report on the Review of Charges and Fees for services 2019/20 (tabled). (b) Recommendation of Ilfracombe Harbour Board Councillor Fowler, Chairman of the Ilfracombe Harbour Board presented the Board’s recommendation of the Ilfracombe Harbour Board on the Review of Charges and Fees for services 2019/20 (circulated previously).

Councillor Fowler declared a personal interest as a boat owner. (c) Report of meeting of the Executive Councillor Brailey reported the recommendations of the Executive on the Review of Charges and Fees for services 2019/20 (circulated previously).

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It was moved by Councillor Brailey and seconded by Councillor Barker “that minute 102 of the meeting of the Executive held on 4th February 2019 be adopted subject to the commercial waste charges for the collection of garden waste being amended to be aligned to the collection of domestic garden waste of £36 per year”.

RESOLVED that minute 102 of the meeting of the Executive held on 4th February 2019 be adopted subject to the commercial waste charges for the collection of garden waste being amended to be aligned to the collection of domestic garden waste of £36 per year.

93. REVENUE BUDGET 2019/20, CAPITAL PROGRAMME AND MEDIUM TERM FINANCIAL STRATEGY 2019-2023

Council received a presentation by the Head of Resources regarding the Revenue Budget 2019/20, Capital Programme and Medium Term Financial Strategy 2019- 2023 and highlighted the following:

 Government settlement December 2018. The final 2019-20 settlement (including the Rural Services Delivery Grant) was £3.269m (Year 4). In cash terms this was £363,000 less than 2018-19 (10% reduction) in line with the Medium Term Financial Plan. 75% Business Rate Pilot bid for Devon had been unsuccessful. There were no new changes announced for the New Homes Bonus for 2019/20, however potential changes for 2020/21. The Rural Services Delivery Grant matched the 2018/19 level. Council Tax levels for District Councils could be increased by up to 3% or £5 whichever was higher. The referendum in relation to Council Tax levels for Town and Parish Councils had been deferred. The Government had awarded one off funding for Brexit over a 2 year period of £17,500 for 2018/19 and £17,500 for 2019/20. This grant would be placed in an earmarked reserve.  Government settlement change in funding by class of Authority. The Shire Districts and County Councils had received the largest reduction in funding from 2015/16 to 2019/20.  Medium Term Financial Plan (2018-22) approved by Council in February 2018 was based on a number of financial assumptions about the future which included funding from Central Government, retained Business Rates income and future Council Tax levels, cost pressures and savings plans and contributions to and from reserves (e.g. vehicle replacement). The forecast budget gap from 2019/20 to 2021/22, as at February 2018 was outlined.  New Homes Bonus changes introduced in 2017.  New Homes Bonus provisional level of funding to 2019/20. The level of funding for 2018/19 was £1,313,520. The Medium Term Financial Plan assumed £1.3m for 2019/20 therefore there was an additional £146,000. £100,000 from the New Homes Bonus would be placed into a reserve for one off capital projects.

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 Business Rates Retention. 100% Business Rate Pilot had been accepted for Devon for 2018/19. The pilot programme was for one year. The estimated additional one-off business rates gain was £0.750m. This gain had been placed into earmarked reserves 2018/19 for future year projects. The Government had invited bids for 2019/20 pilots, however Devon had been unsuccessful and would revert back to the Devon Pool (50% scheme).  The 2019/20 Business Rate retention forecast was £1.690m. The 2019/20 draft budget (above baseline funding) was £1.502m.  Local Government Finance funding reforms which included: Spending Review for the period 2020/21; a review of relative needs and resources; Business Rates Retentions pilots, business rates baseline reset, Fair Funding review, New Homes Bonus review, Reforms to Local Government funding would change the level of resources available and have an impact on revenue budget; indicative allocations would be announced during the Autumn 2019.  Council Tax levels for 2018/19 Band D properties had been increased by £5.16 (equivalent to 2.99%). Rural Councils could increase levels by up to 3% or £5 whichever higher. By increasing the level by 2.99% for 2019/20 would increase NDC’s proportion of Council Tax for Band D properties from £178.02 to £183.35 (an increase of £5.33).  Strategic Grants – it had been recommended that the level of grants be reduced by 8%, which had been included within the draft budget for 2019/20. However, the Council’s actual funding settlement had been reduced by 10%. Supporting statements from the organisations in receipt of Strategic Grants were contained within Appendix 2 of the report. It was proposed that the strategic grant for the South Molton Swimming pool be removed in full as the pool was now operated by a commercial organisation 1610 Limited which was a private company limited by guarantee. 1610 ran a number of pools in the South West area and across the country. Parkwood provided a service to the Council for the management of the Leisure Centre and Ilfracombe swimming pool. 1610 did not provide a service on behalf of the Council. The statement of accounts of 1610 had been reviewed for the year ending 31st March 2017 which included £1.5m held within its general fund reserves. Their general reserves were higher than was held by the Council. The reserves had grown by £110,000 in 2016/17. A statement had been included in the accounts from the Chief Executive Officer stating that the company had seen a growth in the core business. The business employed 500 staff and one employee was paid between £90,000 - £99,000. A copy of an email received from the Head of Sports, Activities and Aquatics of 1610 was tabled. The Head of Resources and Leader had previously met with 1610 and advised that funding was subject to annual budget approval process and could not be guaranteed for 2019/20. The company’s pension fund liability was negative, however this would be same as for any organisation including a Local Government Pension Scheme for its employees. The Council was in exactly the same position and the deficit liability was made good for future year’s contributions to the Fund and it was not funded by using reserves. In preparation of the report, the Regeneration Manager had contacted Devon County Council regarding the Exeter Area Rail Project and no justification had been received. However, since the publication of the report an email had been received from Devon County Council to advise that they still retained half of the strategic grant

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awarded for 2018/19 and gave no clear indication of how the remaining grant would be spent. Following this, the Executive had taken the decision to reduce the grant in full to the Exeter Area Rail Project.  Draft Revenue Budget 2019/20 - cost pressures and savings; options to balance the budget; how it would be funded.  Draft Revenue Budget 2019/20 (Appendix 1) – was now predominately funded by taxation. Business rates retention and New Homes Bonus were both at risk of change for 2020/21 onward. It showed a balanced budget and assumed: o 2.99% increase in Council Tax (each 1% equates to circa £60,000) o Strategic Grants have been reduced at the proposed levels. o Parish Grants not reduced by 50% as outlined at the Parish Forum and previously notified to Parish Councils. It was now proposed to be included within the Medium Term Financial Strategy to fully remove the grant in 2020/21. o Savings from service reviews which included CCTV and Trade Waste being implemented and delivered.  Reserves (Appendix 3). General fund balance forecast level at 31 March 2020 was £1.161m (9.3% of the net budget). The recommended level was between 5-10%. Earmarked reserves forecast level at 31 March 2020 was £3.289m. In compliance with the Local Government Act 2003, the Chief Financial Officer assured Members of the robustness of the estimates and the adequacy of the proposed financial reserves.  Medium Term Financial Strategy (2019-2023) was based on a number of financial assumptions about the future which included: funding from Central Government; retained business rates income and future Council Tax levels; cost pressures and savings plans; and contributions to and from reserves (e.g. vehicle replacement). Appendix 4 detailed the modelled financial projections.  Capital Programme for 2018/19 to 2021/22. 9 business cases for capital funding had been submitted. The gross cost of the business cases was £7,320,000. The net cost to the Council was £3,720,000. The Project Appraisal Group had scored all of the business cases as either “medium” or “high”. The business cases had been submitted for the following projects: o Rolling Road. There was an opportunity to provide this service to other Local Authorities provided it did not impact on the core business of the Council. o Vehicle Replacement Programme. o Material Recovery Facility Infrastructure. o HR and Payroll System. o Pannier Market Re-roofing works. o Contact Centre Telephony software. o Digital Transformation Asset and Financial Management System. o ICT Office Technology fund. o Disabled Facilities Grants.  The Leisure Centre and Watersports Centre potential capital funding bids had not been included within the draft Capital Programme and would be considered by the Special Executive at its meeting on 26th February 2019.

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 The total cost of the projects of £3.720m would be funded by earmarked reserves (£1.764m), Section 106 heritage contribution (£0.050m), existing capital programme (£0.194m) and borrowing need would be increased (£1.712m).  (£0.592m) borrowing costs had been included within the draft budget for 2019/20. Future year borrowing costs had been included in the Medium Term Financial Plan. The borrowing costs would increase to £0.786m by 2022/23. The business cases generated net annual savings of (£0.030m). Without any further capital receipts in addition to the amount that had been forecast already, it was estimated that borrowing costs could increase to £1.140m in 2028/29 due to additional future year vehicle and ICT replacements.  Draft Capital Programme (Appendix 5). The total Capital Programme 2018/19 to 2021/22 was £19.968m was recommended to Council for approval.  How the total Capital Programme 2018/19 to 2021/22 would be funded.  Projected underlying need to borrow in accordance with the 10 year Capital Strategy.  Risks identified that could affect financial plans.  Timeline – Council at its meeting on 16th January 2019 approved the Council Tax base; the budget and capital programme was considered by the Executive on 4th February 2019 and Overview and Scrutiny Committee on 12th February 2019; Council on 25th February 2019 to consider the approval of the budget and capital programme and setting of Council Tax; Special Executive on 26th February 2019 and Council on 13th March 2019 to consider the potential Leisure Centre and Watersports Centre capital projects.

In response to questions, the Head of Resources advised the following:

 The re-roofing works for the Pannier Market was a priority. A business case for the provision of toilets within the Pannier Market had not yet been brought forward.  In relation to Disabled Facilities Grants, the Council had a statutory responsibility to undertake adaptations to accommodation. The Grants were funded through the Better Care Fund.  The redevelopment of Seven Brethren had not yet been included within the Capital Programme.  The Council previously provided specific Welfare Reform advice on Universal Credit which was funded directly by the Department for Works and Pensions (approximately £15,000) and a temporary post had been provided within the Customer Services Team. This funding had now be re-directed to the Citizens Advice Bureau and the manpower had been reduced within the Customer Services Team.

(a) Report of meeting of the Overview and Scrutiny Committee Councillor Patrinos, Chairman of Overview and Scrutiny presented the Committee’s report on the Revenue Budget 2019/20, Capital Programme and Medium Term Financial Strategy 2019-23 (tabled).

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He expressed concern of the two special Executive meetings that had been arranged on 26th February 2019 and on 1st April 2019 which would be considering capital expenditure for the Leisure provision and Watersports Centre projects that would affect the Council’s financial position. (b) Report of meeting of the Executive Councillor Brailey reported the recommendations of the Executive on the Revenue Budget 2019/20, Capital Programme and Medium Term Financial Strategy 2019-2023 (circulated previously).

Council noted that in accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 which came into force on 25th February 2014 and that the Constitution, Council was required to take a recorded vote when setting its budget and Council Tax.

It was moved by Councillor Patrinos and seconded by Councillor Edmunds “that the recommendation in minutes 103 (f), (g), (h) and (i) of the meeting of the Executive held on 4th February 2019 in relation to the Revenue Budget 2019/20, Capital Programme and Medium Term Financial Strategy 2019-2023 be adopted subject to the strategic grants awarded to the AONB, Biosphere and Northern Devon Voluntary Service being reduced by 8% and that the savings of £3970 achieved be awarded to the Citizens Advice Bureau.”

An amendment was moved by Councillor Brailey and seconded by Councillor Flynn “that the recommendation in minutes 103 (f), (g), (h) and (i) of the meeting of the Executive held on 4th February 2019 in relation to the Revenue Budget 2019/20, Capital Programme and Medium Term Financial Strategy 2019-2023 be adopted.”

Voting on the amendment

Voting for the amendment:

Councillor Barker, Bonds, Bradford, Brailey, J. Cann, R. Cann, Chesters, Crabb, Croft, Davis, Edgell, Flynn, Jones, Lane, Leaver, Ley, Lovering, Luggar, Mathews, Meadlarkin, Moore, Moores, Spear and Yabsley.

Voting against the motion:

Councillors Biederman, Campbell, Edmunds, Fowler, Gubb, Haywood, Hunt, Mackie, Patrinos, Prowse, Tucker, Webber,

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White, Wilkinson and Worden.

Abstained from voting:

None.

Totals: 24 For, 15 Against and 0 Abstained.

The amendment was therefore carried and became the substantive motion.

A further amendment was moved by Councillor Worden and seconded by Councillor Chesters “that the recommendation in minutes 103 (f), (g), (h) and (i) of the meeting of the Executive held on 4th February 2019 in relation to the Revenue Budget 2019/20, Capital Programme and Medium Term Financial Strategy 2019-2023 be adopted subject to a 50% strategic grant (£8,835) being awarded to the South Molton Swimming Pool and that it being funded from the New Homes Bonus reserve”.

Voting on the amendment:

Voting for the amendment:

Councillors Biederman, Bradford, J. Cann, Fowler, Haywood, Hunt, Leaver, Mackie, Moore, Prowse, Spear, Tucker, Webber, White, Wilkinson and Worden.

Voting against the amendment:

Councillors Barker, Bonds, Brailey, Campbell, R. Cann, Chesters, Crabb, Croft, Davis, Edgell, Edmunds, Flynn, Gubb, Jones, Lane, Lovering, Luggar, Mathews, Meadlarkin, Moores, Patrinos and Yabsley.

Abstained from voting:

Councillor Ley.

Totals: 16 For, 22 Against and 1 Abstained.

The amendment was therefore lost.

A further amendment was moved by Councillor Biederman and seconded by Councillor Prowse “that the recommendation in minutes 103 (f), (g), (h) and (i) of the meeting of the Executive held on 4th February 2019 in relation to the Revenue Budget 2019/20, Capital Programme and Medium Term Financial

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Strategy 2019-2023 be adopted subject to the increase in level of Council Tax charged by North Devon Council for 2019/20 being reduced to 1.99 % (cost £60,000) and a strategic grant of 50% (£8,835) being awarded to South Molton Swimming Pool to be funded from the New Homes Bonus reserve.”

Voting on the amendment

Voting for the amendment:

Councillors Biederman, Bradford, J. Cann, Fowler, Patrinos, Prowse, Tucker, Webber, Wilkinson and Worden.

Voting against the amendment:

Councillors Barker, Bonds, Brailey, R. Cann, Chesters, Crabb, Croft, Davis, Edgell, Flynn, Jones, Lane, Ley, Lovering, Luggar, Mackie, Mathews, Meadlarkin, Moore, Moores and Yabsley.

Abstained from voting:

Councillors Campbell, Edmunds, Gubb, Haywood, Hunt, Leaver, Spear and White.

Totals: 10 For, 21 Against and 8 Abstained.

Therefore, the amendment was lost.

The substantive motion was put to the vote.

Voting on the substantive motion

Voting for the motion:

Councillors Barker, Bonds, Brailey, R. Cann, Chesters, Crabb, Croft, Davis, Edgell, Flynn, Jones, Lane, Ley, Lovering, Luggar, Mackie, Mathews, Meadlarkin, Moore, Moores, Patrinos and Yabsley.

Voting against the motion:

Councillors Biederman, Bradford, J. Cann, Fowler, Haywood, Hunt, Leaver, Prowse, Tucker, Webber and Wilkinson.

Abstained from voting on the motion:

Councillors Campbell, Edmunds, Gubb, Spear, White and Worden.

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Totals: 22 For, 11 Against and 6 Abstained.

The substantive motion was carried.

RESOLVED that the recommendation in minutes 103 (f), (g), (h) and (i) of the meeting of the Executive held on 4th February 2019 in relation to the Revenue Budget 2019/20, Capital Programme and Medium Term Financial Strategy 2019-2023 be adopted.

94. TREASURY MANAGEMENT STRATEGY STATEMENT 2019/20

(a) Report of meeting of the Overview and Scrutiny Committee Councillor Patrinos, Chairman of the Overview and Scrutiny Committee presented the Committee’s report on the Treasury Management Strategy Statement 2019/20 (tabled). (b) Report of meeting of the Executive Councillor Brailey reported the recommendations of the Executive on the Treasury Management Strategy Statement 2019/20 (circulated previously).

It was moved by Councillor Brailey and seconded by Councillor Barker “that the recommendation in minute 104 of the meeting of the Executive held on 4th February 2019 in relation to the Treasury Management Strategy Statement 2019/20 be adopted.”

RESOLVED that the recommendation in minute 104 of the meeting of the Executive held on 4th February 2019 in relation to the Treasury Management Strategy Statement 2019/20 be adopted.

95. 10 YEAR CAPITAL STRATEGY 2019-2029

(a) Report of meeting of the Overview and Scrutiny Committee Councillor Patrinos, Chairman of the Overview and Scrutiny Committee presented the Committee’s report on the 10 Year Capital Strategy 2019-2029 (tabled). (b) Report of meeting of the Executive Councillor Brailey reported the recommendations of the Executive on the 10 Year Capital Strategy 2019-2029 (circulated previously).

19 Page 19 Agenda Item 2 Council - 25 February 2019

It was moved by Councillor Brailey and seconded by Councillor Jones “that the recommendation in minute 105 of the meeting of the Executive held on 4th February 2019 in relation to the 10 Year Capital Strategy 2019-2029 be adopted.”

RESOLVED that the recommendation in minute 105 of the meeting of the Executive held on 4th February 2019 in relation to the 10 Year Capital Strategy 2019-2029 be adopted.

96. COUNCIL TAX RESOLUTIONS 2019/20

Council considered a report by the Head of Resources (circulated previously) regarding the Council Tax Resolution 2019/20.

The Head of Resources advised that since publication of the agenda, Devon County Council had met on 21st February 2019 and approved a Council Tax increase of 3.99% and Devon and Somerset Fire and Rescue Authority had met on 19th February 2019 and approved a Council Tax increase of 2.99%. No changes were required to the Council Tax resolution for 2019/20 that was set out in the appendix to the report.

Council noted that in accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 which came into force on 25th February 2014 and the Constitution, Council was required to take a recorded vote when setting its budget and Council Tax.

It was moved by Councillor Brailey and seconded by Councillor Jones “that the formal Council Tax Resolutions for 2019/20 as set out in Appendix 1 of the report be approved.”

Voting on the motion

Voting for the motion:

Councillors Barker, Biederman, Bonds, Bradford, Brailey, Campbell, J. Cann, R. Cann, Chesters, Crabb, Croft, Davis, Edgell, Edmunds, Flynn, Fowler, Gubb, Haywood, Hunt, Jones, Lane, Leaver, Ley, Lovering, Luggar, Mackie, Mathews, Meadlarkin, Moore, Moores, Patrinos, Prowse, Spear, Tucker, Webber, White, Wilkinson, Worden and Yabsley.

Voting against the motion:

None.

Abstained from voting:

None.

Totals: 39 For, 0 Against and 0 Abstained.

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The motion was therefore carried.

RESOLVED that the formal Council Tax Resolutions for 2019/20 as set out in Appendix 1 of the report be approved.

97. COMMUNITY GOVERNANCE REVIEW

Council considered a report by the Head of Corporate and Community (circulated previously) regarding the Community Governance Review.

The Head of Corporate and Community outlined the consultation process that had been undertaken and the responses that had been received as detailed in Appendix 2.

It was moved by Councillor Brailey and seconded by Councillor Worden “that the consultation responses received and the recommendations from the Ethics Committee be noted; and that the making of an Order in the form, or in a similar form, as shown in Appendix 1 be approved.”

RESOLVED:

(a) that the consultation responses received and the recommendations from the Ethics Committee be noted;

(b) that the making of an Order in the form, or in a similar form, as shown in Appendix 1 be approved.

98. CONSTITUTION

Council considered a report by the Head of Corporate and Community (circulated previously) regarding the Constitution.

The Head of Corporate and Community highlighted the following:

 Council was advised at its meeting on 25th July 2018 that since the introduction of the Localism Act 2011, Councils that were previously required to adopt Executive arrangements could revert to a Committee structure if they wished to do so.  Council had requested officers to explore the options for making such a move and a Cross Party Working Group of Councillors was formed to consider this. The working group had met a number of times to firstly identify and consider advantages or disadvantages of an Executive model of governance and a Committee system, and to also identify the elements of a governance structure which it felt were crucial to North Devon.  Prior to 2000, all Local Authorities operated a committee structure whereby all statutory powers were given to the Council to allocate to committees and officers.

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 In 2000, legislation was introduced whereby any Local Authority with a population in excess of 85,000 moved to an Executive model with a Leader and Cabinet.  In 2007, legislation was introduced to change the Executive arrangements. The Council had adopted a Strong Leader model whereby powers were divided between Council and the Executive. All Executive powers were delegated to the Leader, who then had the authority to decide whether to delegate these powers further. The Leader had appointed an Executive with two Executive committees (i.e. North Devon Crematorium Joint Committee and the Building Control Joint Committee). Council had appointed committees to exercise the Council functions.  The working group identified that the important elements included wide political involvement in decisions, ownership of decisions, speedy decision making and resilience to political change. It considered a number of different models and considered that the Committee system, if designed correctly, could achieve all of those important elements.  The main features of a Committee system are that decision making powers can be delegated to Committees which were politically balanced. It was perceived that because there was a wider range of political groups involved in decision making, decision making would be more inclusive.  There was also no requirement to have an Overview and Scrutiny Committee under a Committee system, although if one was created, it had to comply with the same legislative requirements as under an Executive model.  Two versions of a possible new Constitution had been prepared, Version 1 with an Overview and Scrutiny Committee and Version 2 without an Overview and Scrutiny Committee.  The main features common to both versions of the Constitution.  As the Overview and Scrutiny Committee had a role to play in developing policies and the budget and also in considering matters that may have an impact on Council policy or issues affecting the area, in Version 2 a Policy Development Committee had been included to fulfil this function.  In developing the two models, certain minor issues had come to light in relation to the existing Constitution or have been recommended as part of various audits. These changes which would be required to be made to the constitution were contained in Appendix 1. Some of these changes had been made by the Monitoring Officer under delegated powers.  Since 2007, around 25 Local Authorities had reverted back to a committee structure. The Local Government Information Unit Policy Briefing dated December 2014 gave examples of other Local Authorities that had moved to a committee structure and read quotes from the briefing to Council. Many Local Authorities had not adopted an Overview and Scrutiny Committee as under the committee structure model all committees would be politically balanced, therefore scrutiny would occur at committee meetings.  The main change proposed was to move all functions delegated currently to the Executive to a Strategy and Resources Committee.  Following the decision by Council, a further meeting of the cross party working group would be arranged, all Members would be consulted and a report brought back to Council prior to the May 2019 Elections.

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Councillor Meadlarkin advised that the Ilfracombe Harbour Board had requested that the constitution be amended to retain four Councillors appointed, with three representing Ilfracombe and one representing Lynmouth.

The Head of Corporate and Community advised Council that co-opted Members appointed to the Harbour Board could be given voting rights.

It was moved by Councillor Jones and seconded by Councillor Barker “that this Council does not give further consideration to revising the Constitution; that the changes made to the Constitution under delegated powers as set out in Part 1 of Appendix 1 be noted; and that the changes to the existing Constitution outlined in Part 2 of Appendix 1 be approved.”

A further amendment was moved by Councillor R. Cann and seconded by Councillor Bonds “that the recommendations in the report be adopted”.

The amendment was carried.

RESOLVED:

(a) That Council consider the two versions of the revised Constitution and provide comments on the same prior to the next Council meeting;

(b) That the changes made to the Constitution under delegated powers as set out in Part 1 of Appendix 1 be noted;

(c) That the changes to the existing Constitution outlined in Part 2 of Appendix 1 be approved.

99. CONTINUATION OF MEETING

RESOLVED that it being 9.00 pm that the meeting continue in order for the remaining business to be transacted.

100. STATUTORY PAY POLICY 2019

Council considered a report by the Human Resources Manager (circulated previously) regarding the Statutory Pay Policy 2019.

It was moved by Councillor Brailey and seconded by Councillor Barker “that the recommendation in the report be adopted”.

RESOLVED that the Statutory Pay Policy 2019 and Annex thereto be approved.

101. URGENT DECISIONS TAKEN DURING THE PERIOD 8TH JANUARY 2019 TO 13TH FEBRUARY 2019

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Council noted that no urgent decisions had been taken during the period of 8th January 2019 to 13th February 2019.

102. REPORT OF CHAIRMAN OF OVERVIEW AND SCRUTINY COMMITTEE

Council noted a report by the Chairman of the Overview and Scrutiny Committee (circulated previously) regarding the work of the Overview and Scrutiny Committee.

103. MINUTES OF COMMITTEES

(a) Audit Committee RESOLVED that the following minutes of the Audit Committee (circulated previously) be noted and adopted as follows:

(i) 8th January 2019

Minute 39: Anti-Fraud, Corruption and Bribery Policy (NOTE: Council noted this recommendation would be considered by the Executive at its meeting on 4th March 2019).

Minute 40: Anti-Money Laundering Policy (NOTE: Council noted this recommendation would be considered by the Executive at its meeting on 4th March 2019).

(b) Ethics Committee RESOLVED that the following minutes of the Ethics Committee (circulated previously) be noted and adopted as follows:

(i) 23rd January 2019

Minute 10: Community Governance Review (NOTE: Council noted this recommendation would be considered under item 17 on the agenda).

(c) Ilfracombe Harbour Board RESOLVED that the following minutes of the Ilfracombe Harbour Board (circulated previously) be noted and adopted as follows:

(i) 5th February 2019

Minute 38: Quarterly Designated Person Audit Report – Ilfracombe Harbour (NOTE: Council noted this recommendation would be considered under item 18 on the agenda).

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Minute 39: Ilfracombe Harbour Charges Review (NOTE: Council noted this recommendation would be considered under item 12 on the agenda).

(d) Overview and Scrutiny Committee

RESOLVED that the following minutes of the Overview and Scrutiny Committee (circulated previously) be noted and adopted as follows:

(i) 15th January 2019

(ii) 12th February 2019 (tabled)

Chairman The meeting ended at 9.07 pm

NOTE: These minutes will be confirmed as a correct record at the next meeting of Council.

25 Page 25 This page is intentionally left blank Agenda Item 10 Special Executive - 26 February 2019

NORTH DEVON COUNCIL

Minutes of a special meeting of Executive held at Barum Room - Brynsworthy Environment Centre on Tuesday, 26th February, 2019 at 2.00 pm

PRESENT: Members:

Councillor Brailey (Leader)

Councillors Barker, R Cann, Edgell, Jones, Lane, Luggar, Meadlarkin, Moores and Yabsley

Officers:

Chief Executive, Head of Resources, Head of Corporate and Community Services, Contract Delivery Manager, Head of Place, Project and Procurement Officer and Parks, Leisure and Culture Officer

Also Present:

Councillors Edmunds, Moore, Spear and Worden

110. APOLOGIES FOR ABSENCE

There were no apologies for absence received. 111. LEADER'S ANNOUNCEMENTS

The Leader reminded Members and Officers present of the housekeeping procedure rules. 112. DECLARATIONS OF INTERESTS

There were no declarations of interest announced. 113. EXCLUSION OF PUBLIC AND PRESS AND RESTRICTION OF DOCUMENTS

RESOLVED:

(a) That under the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 (as amended), as made under the Local Government Act 2000, the public and press be excluded from the meeting as it involved the likely disclosure of exempt information as defined by Paragraph 3 Part 1 of Schedule 12A of the Act (as amended from time to time), namely information relating to the financial or business affairs of any particular person (including the authority holding that information).

1 Page 27 Agenda Item 10 Special Executive - 26 February 2019

(b) That all documents and reports relating to the item be confirmed as “Not for Publication".

114. LEISURE PROVISION AT SEVEN BRETHREN

The Executive considered a report by the Contracts Delivery Manager (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding Leisure Provision at Seven Brethren.

The Executive noted the following typographical errors in the report:

 Paragraph 2.2 – be amended to “That Executive approve the following:”  Paragraph 4.5 – second line be amended to “20m x 8.5 m learner pool”

The Head of Place provided the Executive with an update on the Seven Brethren project.

The Contracts Delivery Manager and Parks, Leisure and Culture Officer highlighted the following:

 Analysis of the current leisure provision in North Devon.  Proposals for a new Leisure Centre provision submitted by the tenderer.  Leisure Centre usage over the past 12 months.  Leisure Centre current usage groups  Costs and sources of external funding.  Prudential borrowing requirements for the Council.  Further opportunities available to the Council in relation to borrowing, costs and contract clauses.  In addition to the construction costs a budget was required for fixtures, fittings, equipment, soft landscaping and planning related fees. The contractor would then be responsible for ensuring that equipment was maintained and kept up- to-date.

In response to questions, the Contracts Manager advised the following:

 The new Leisure Centre provision would complement the Tarka Tennis Centre, Falcon Gymnastics Academy and the new Artificial Grass Pitch.  The car park would still be owned by the Council and the current number of car parking spaces would be re-provided on the new site.  Appropriate bonds and insurances would be in place for the Council should the construction company or contractor become bankrupt at any stage.  The reasons why some contractors had pulled out of the tendering process.  The business case would include all works required at the Ilfracombe Swimming Pool.

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The Head of Resources highlighted the following:

 Revenue Budget for 2019/20 and potential risks for future funding in relation to Business Rates Retention and the New Homes Bonus.  Local Government Finance funding reforms planned for 2020/21 and uncertainty over future funding.  Reminder of the business Cases for capital funds which had been approved by Council on 25th February 2019 and the Council’s borrowing requirements for some of these projects.  The overall Capital Programme approved by Council on 25th February 2019.  Capital funding and future borrowing costs for the existing programme commitments. The new administration would need to challenge the future planned capital expenditure to bridge the gap at an early stage.  Medium Term Financial Strategy for 2019-23 approved by Council on 25th February 2019 and forecast budget gaps for the period.  10 Year Capital Strategy 2020-29 approved by Council on 25th February 2019 and impact this had on the future revenue budget gaps to 2028/29.  The Council’s current position in relation to financing and potential borrowing requirements for the proposed Watersports Centre in Ilfracombe.  Leisure Centre – where we started and the original business plan.  Leisure Centre – where we are now in relation to financing the project and the breakdown of potential funding as detailed in paragraph 5 of the report.  Financing of the project subject to the final build priced submission and external funding bids being confirmed.  Leisure Centre financial modelling as detailed on page 7 of the report and to be considered in light of highlighted risks, assumptions made and the uncertainty around local government funding changes on the horizon.  Financial model context.  Financial model risks which included the already projected revenue budget funding gap as detailed in the 10 Year Capital Strategy.  Risks of not proceeding with the project.

In response to questions, the Head of Resources highlighted the following:

 Borrowing projections and costs were be modelled over 40 years in line with the life of the asset. A treasury management plan would be produced which could include different tranches of borrowing. The Council would look at the most cost effective method of borrowing and would be reviewed during the 40 year period.  The financial model did not include inflation, however the contract would allow for inflation.

In response to a question, the Head of Place advised that the Communities Coastal Fund had confirmed the original funding for the Watersports Centre and written confirmation would be received by the end of March 2019 in relation to the additional funds applied for. The deadline for tenders was 12th March 2019 and it was anticipated that further work could be undertaken to reduce the costs further and therefore reduce the funding gap. Enquiries would be made into whether the Council could apply for funding from Fullabrook CIC.

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DECISION

(a) That the report, financial modelling and the associated risks with the project be noted;

RECOMMENDED

(b) That, subject to the authority being successful in drawing down £3.25m of external funding, the following recommendations be made to Council so that the project can be delivered:

(A) Banked Section 106 funding be allocated as detailed in paragraph 5.2 of the report;

(B) Future Section 106 funding be allocated as detailed in paragraph 5.3 of the report;

(C) Capital Programme be varied and be funded as detailed in paragraph 5 of the report;

(D) The authorised borrowing limit forecast be increased for 2020/21 as detailed in paragraph 4.18 of the report.

REASONS FOR DECISION

(a) This project is a corporate priority and helps to achieve the aims of the NDC Leisure and Health Strategy, securing future strategic leisure provision for North Devon residents and supports a wet-weather attractions for visitors.

(b) North Devon Leisure Centre is no longer fit for purpose and there are £2.8million worth of known remedial works required to keep it operational beyond 2020. If the decision was to delay for 12 months we would need to identify what, if any, expenditure would be required in that timeframe.

(c) If a new facility is not delivered, it is highly likely that North Devon will not have a recognised leisure centre in the long term future. This will displace the current users who average 420,000 visits a year. These users include the RNLI, RNB Chivenor, Barnstaple Swimming Club, Saunton Surf Life Saving Club, Woolacombe Surf Life Saving Club, numerous local schools, disability groups and many others.

(d) The Council’s core funding from central government is being reviewed and reset for 2020/21 year through the Government’s Fair Funding Review. This could result in lower overall funding to support Council services than that currently factored into the Medium Term Financial Strategy.

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Chairman The meeting ended at 4.14 pm

NOTE: The above decisions shall not take effect until the five clear working days have elapsed from the date of publication: Thursday, 28 February 2019

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NORTH DEVON COUNCIL

Minutes of a meeting of Executive held at Barum Room - Brynsworthy Environment Centre on Monday, 4th March, 2019 at 10.00 am

PRESENT: Members:

Councillor Brailey (Leader)

Councillors R Cann, Edgell, Jones, Lane, Luggar, Meadlarkin, Moores and Yabsley

Officers:

Chief Executive, Head of Corporate and Community Services, Head of Resources, Head of Operational Services, Lead Officer - Planning Policy, Parking Manager, Head of Place, Housing Services Manager, Estates Officer, Contract Delivery Manager and Project and Procurement Officer

Also Present:

Councillors Chesters, Edmunds, Moore, Spear and Worden

115. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor Barker. 116. TO APPROVE AS A CORRECT THE MINUTES OF THE MEETING HELD ON 4TH FEBRUARY 2019 (ATTACHED)

RESOLVED that the minutes of the meeting held on 4th February 2019 (circulated previously) be approved as a correct record and signed by the Chairman. 117. LEADER'S ANNOUNCEMENTS

(a) Housing Keeping Procedure Rules

The Leader reminded the Executive, Councillors and public in attendance of the housekeeping procedure rules.

(b) RMB Chivenor

The Leader advised he was pleased that RMB Chivenor was staying open following a decision by the Secretary of State for Defence which was a positive step for the area.

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118. DECLARATIONS OF INTERESTS

There were no declarations of interest announced. 119. RESPONSES TO CONSULTATION: REVIEW OF THE OFF STREET PARKING ORDER.

The Executive considered a report by the Parking Manager (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding responses to the consultation on the review of the Off Street Parking Order.

The Parking Manager highlighted the following:

 Amendments to the North Devon (Off Street Parking Places) Order were recommended at Executive on 3rd December 2018.  The notice of proposals were advertised on 13th December 2018 with the closing date of 10th January 2019. This year, the option of submitting consultation responses via email was provided.  No objections had been received from Braunton Parish Council, Instow Parish Council, North Devon Council or South Molton Town Council.  Combe Martin Parish Council had requested during the consultation period an amendment to presentation in the Order to avoid ambiguity as detailed in paragraph 4.6.  59 emails of objection had been received with regards to changes proposed to the North Devon (Off Street Parking Places) Order for Lynton and Lynmouth Town Council. The analysis of responses received were detailed in Appendix 1 of the report.  Lynton and Lymouth Town Council had met on 9th and 31st January 2019 to discuss the objections received. Following consideration, the Town Council have requested to withdraw the original recommendation for the amendment to the North Devon (Off Street Parking Places) Order to add condition to Lower Lyndale car park N17.  Update provided regarding Lynton and Lynmouth as detailed in paragraph 4.12 of the report.

In response to questions, the Parking Manager advised:

 That subject to the approval by the Executive, a charge would be introduced to the lorry park at South Molton on Saturdays which would be included within the North Devon (Off Street Parking Places) Order.

DECISIONS

(a) That all amendments to the Off Street Parking Order as outlined in the Executive report dated 3rd December 2018, excepting the recommendation requested for withdrawal as stated in paragraph 2.5 be approved;

(b) That it be noted that no objections were received regarding the

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amendments to the North Devon (Off Street Parking Places) Order for Braunton Parish Council, Combe Martin Parish Council, Instow Parish Council, North Devon District Council and South Molton Town Council;

(c) That the change to presentation of information in the Order as recommended by Combe Martin Parish Council, as detailed in paragraph 4.6 be incorporated into the Off Street Parking Order;

(d) That it be noted that 59 Objections were received regarding recommendations from Lynton and Lynmouth Town Council and that Lynton and Lynmouth Town Council have considered each objection at meetings held on 9th January 2019 and 31st January 2019;

(e) That Lynton and Lynton Town Council’s request to withdraw the original recommendation for the amendment to the North Devon (Off Street Parking Places) Order to add condition to Lower Lyndale car park, N17 ‘Means maximum stay in car park during the day is 4 hours’ as detailed in paragraphs 4.11 – 4.14 be approved;

(f) That Lynton and Lynmouth Town Council’s request to remove the original recommendation to withdraw Guest house permit £3.50 from the North Devon (Off Street Parking Places) Order as detailed in paragraphs 4.15 – 4.20 be refused.

REASON FOR DECISION

(a) To approve the changes to the Off Street Parking Order with consideration of the responses following consultation.

120. DERELICT ILFRACOMBE SITES.

The Executive considered a report by the Acting Growth Manager (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding derelict Ilfracombe sites.

In response to questions, the Head of Place advised the following:

 The Planning Service had served several Section 215 notices over the years requiring the hoardings to be replaced/repainted to keep the site as tidy as possible. Some work had been undertaken with the owners and some had been undertaken by the Council.  In relation to rear retaining wall of the Montebello site, no structural assessment had been undertaken. Further investigations would be undertaken by Building Control to assess whether any further works were required.

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DECISIONS

That officers:

(a) explore the potential for compulsory purchase of the Golden Coast and the Montebello sites in Ilfracombe;

(b) continue negotiation with the site owners if willing, whilst the potential for compulsory purchase was explored;

(c) bring a further report to the Executive, once the potential for Compulsory Purchase Order (CPO) had been explored, with a recommendation on the making of CPOs on the Golden Coast and Montebello sites.

REASONS FOR DECISIONS

(a) The two derelict sites at Golden Coast and Montebello in Ilfracombe are having an adverse impact on the town’s environment and economy, and an impact on the wellbeing of the local community.

(b) Without intervention from the Council both sites are likely to remain in their current state.

(c) A compulsory purchase may be the last resort to ensure proposals are progressed, after over ten years of trying to facilitate development through other means, without success.

121. LOCAL LETTINGS PLAN - LAMATON PARK, SOUTH MOLTON.

The Executive considered a report by the Head of Environmental Health and Housing (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the Local Lettings Plan in relation to Lamaton Park, South Molton.

The Housing Service Manager highlighted the following:

 North Devon Homes had redeveloped Lamaton Park with Care and Support Specialised Housing funding in conjunction with Housing England and the Ministry of Health.  The objective of the Local Lettings Plan was to work with the registered housing provider North Devon Homes to create a scheme that has a sustainable community from the outset and to free up social housing that may be in high demand, such as enabling downsizing of existing tenants.  The breakdown of properties as detailed in paragraph 4.9 of the report.

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DECISION

That the Local Lettings Plan as detailed in Appendix 1 for initial lettings of properties at Lamaton Park, South Molton be approved.

REASON FOR DECISION

This development would benefit from sensitive allocation to enable a sustainable community to be created in accordance with planning, funding and to avoid potential management issues. 122. ADOPTION OF THE NORTH DEVON COAST AREAS OF OUTSTANDING NATURAL BEAUTY (AONB) MANAGEMENT PLAN 2019/2024.

The Executive considered a report by the Landscape and Countryside Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the adoption of the North Devon Coast Areas of Outstanding Natural Beauty (AONB) Management Plan for 2019/24.

The Executive noted that the recommendation 2.1 contained a typographical error and should have stated “2019-2024” and not “2014-2019”.

DECISION

That the Management Plan 2019 -2024 for the North Devon Coast Areas of Outstanding Natural Beauty be approved and adopted.

REASON FOR DECISION

To fulfil the Council’s statutory duty to formally adopt a Management Plan for the North Devon Coast Area of Outstanding Natural Beauty. 123. BUSINESS RATES RELIEF.

The Executive considered a report by the Head of Resources (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the adoption of the revised policy for the granting of Discretionary Non-Domestic Rates Relief.

The Head of Resources highlighted the following:

 Section 47 of the Local Government Finance Act 1988 enabled the Council to exercise discretion to award rate relief in respect of properties occupied by charities and other not for profit organisations. It also allowed billing authorities to grant locally determined discretionary business rate discounts in any circumstances provided it was in the interests of the local taxpayers to do so.  In the 2018 Autumn Budget, the Chancellor announced a new business rate relief scheme for retail properties with a rateable value below £51,000. The

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Chancellor also announced an extension of one year to the business rates relief for local newspaper office space.  The Council’s current policy for the Discretionary Business Rate Relief Scheme for Year 3 (2019/20) was to award relief on a case by case basis. A review had identified that this approach was unlikely to award all of the share of the fund allocated by Central Government. The proposal was that the amount of relief awarded for Year 3 was amended from a case by case basis to a formula based award.  The policy had been amended to incorporate the measures announced in the Autumn Budget and the revised Discretionary Business Rate Relief Scheme.

In response to questions, the Head of Resources advised the following:

 Barnstaple Town Centre Management had not been previously notified of the revised Discretionary Business Rate Relief Scheme, however a copy of the scheme would be forwarded to the Town Centre, Pannier Market and CCTV Manager.

DECISION

That the revised policy for the granting of Discretionary Non- Domestic Rates Relief attached Appendix 1 and Appendices A-K with effect from 1 April 2019 be adopted.

REASONS FOR DECISION

(a) It is good practice for the Council to have readily understood guidelines for deciding whether or not to grant relief and for determining the amount of relief. It is also desirable that any criteria by which an individual case is judged should be made public to help interested individuals and bodies.

(b) In order to stimulate local business growth and retain local businesses and jobs within North Devon, it is proposed the Council applies available powers to offer the extension to Local Newspaper Relief, the new Retail Discount and the amended Discretionary Business Rate Relief Scheme to businesses when it is evident that this would be a real benefit to local taxpayers to do so. The purpose of this new policy is to attract, develop and retain businesses within the District, encouraging them to expand, create jobs and provide economic value to the area.

(c) To incorporate the new business rate reliefs announced in the Autumn Budget and the amendment to the Discretionary Business Rate Relief Scheme in to the policy for the granting of Discretionary Non-Domestic Rates Relief.

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124. RURAL SETTLEMENT LIST

The Executive considered a report by the Head of Resources (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the approval of the Rural Settlement List for the financial year commencing 1st April 2019.

The Head of Resources highlighted the following:

 Schedule 1 of Part 1 of the Local Government Finance Act 1997 made provision for the allowance of mandatory and/or discretionary relief from Non- Domestic Rates for certain properties situated within designated rural areas.  Rural Settlements are settlements with a population of less than 3,000 within the boundaries of a rural area as set out under the provision of the Housing Act 1996.  The Rural rate Relief Scheme helped qualifying small general stores, post offices, food shops, public houses and petrol stations. It was intended to safeguard rural communities and preserve the future of village life by supporting the service they provide to local people. To qualify for relief, properties must be situated within a designated rural settlement area of less then 3,000 people.  The list of rural settlements remained unchanged.

DECISION

That, for the purposes of Rural Rate Relief, the rural settlements listed in the appendix to this report be approved.

REASON FOR DECISION

To be eligible for Rural Rate Relief the business must be located in a qualifying rural settlement, which has a population of no more than 3,000 and falls wholly or partly in an area designated for the purpose of the Rate Relief Scheme. The Authority is required to compile a list of rural settlement areas for the purposes of the scheme. 125. APPROVAL AND RELEASE OF SECTION 106 PUBLIC OPEN SPACE FUNDS, CROYDE.

The Executive considered a report by the Project, Procurement and Open Space Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the approval and release of Section 106 Public Open Space funds towards play equipment in Croyde.

The Project, Procurement and Open Space Officer highlighted the following:

 This contribution would provide match funding to a project that has delivered an entire replacement play area in Croyde. The project took place with a loan

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from the Public Works Loan Board. Allocation of this contribution would assist with partially repaying the loans board contribution.  This project was different to other similar projects that the Council has funded in that the scheme has already occurred. A section 106 contribution can only be sought where it meets statutory tests including that it was required in order to make a development acceptable. In this particular case, because the project for which the contribution was sought has already been provided, there was a risk of the developer seeking a repayment. That risk would have to be passed to the Parish Council as part of the funding agreement.  Following advice of the Monitoring Officer, Pearce Construction (the developer), had been contacted who had confirmed that they were in agreement to approve the use of section 106 of funds for this project.

In response to a question, the Head of Resources advised the following:

 If the section 106 Public Open Space Funds to Georgeham Parish Council was approved, the decision would then be for Georgeham Parish Council to make regarding the repayment of the loan to the Public Works Loan Board.

In response to a question, the Head of Corporate and Community advised the following:

 The Council would not recommend the allocation of section 106 funds retrospectively as a matter of course.

DECISION

(a) That £40,000 of S106 Public Open Space Funds to Georgeham Parish Council be allocated towards the cost of Croyde Play Area;

RECOMMENDATION

(b) That Council vary the capital programme by £40,000 and that funds be released, subject to a Funding Agreement upon such terms and conditions as may be agreed Head of Corporate and Community Services.

REASONS FOR DECISION/RECOMMENDATION

(a) To allocate funds in line with the requirement of S106 agreements.

(b) To protect and enhance public open space, including land and buildings.

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126. BRAUNTON BMX.

The Executive considered a report by the Project, Procurement and Open Space Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding securing a delivery solution for a BMX track at Velator.

The Project, Procurement and Open Space Officer highlighted the following:

 For a number of years Braunton BMX club had been working to secure a site, planning permission and the relevant funding package to deliver a BMX track in Braunton. Having previously failed to find a suitable self-contained site, a development at Velator offered the club land for a BMX facility.  Although funding had been secured, in recent months the club had faced a number of challenges in terms of project delivery and as a result had not been in a position to proceed with the project. With these difficulties identified, the club had now folded but the trustees remained owners of the land at Velator. The Trustees had written to the Council with a view to transferring the freehold of the identified site at Velator to the Council, at nil cost. The club trustees had also requested that the Council procure and project manage the construction of this community facility.  Following the request from the trustees, Officers wished to establish whether there was still a high demand for the facility and during November and December 2018 undertook a consultation exercise to fully understand the requirement and support for this proposed project. The consultation response provided overwhelming support for the project.  The Council would be responsible for the future maintenance of the facility. The pump track would have minimal maintenance, and the surrounding landscaping could be added to the grounds maintenance contact with grass cutting, litter picks and safety inspections which could be absorbed within existing budgets.

In response to questions, the Project, Procurement and Open Space Officer and the Contracts Delivery Manager advised the following:

 There would be no income generated from the track, as there would be open access to the track.  Sites were added and removed from the Grounds Maintenance Contract on a regular basis.  The site was located within the Heanton Punchardon ward which adjoined the Braunton East Ward. Heanton Punchardon Parish Council had been consulted and the consultation response was read to the Executive.  During discussions with Braunton and Heanton Punchardon ward Members, Members had requested that the views of the Police be sought in regard to the potential of anti-social behaviour at the site. A response was received from Braunton’s Police Community Support Officer and was detailed within paragraph 4.8 of the report.  There was no capacity to upgrade the track to a regional track. A regional track had already been provided in Bideford.

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 Insurance would be included within the Council’s corporate policy.

DECISIONS

(a) That the freehold transfer of the land at Velator be accepted, identified on the annexed plan to the report, at nil value and it be adopted for use as a BMX track, from Trustees of the BMX Club;

(b) That pursuant to Executive decisions on 6/6/2016 and 5/2/18, that the allocation of S106 public open space funds previously allocated to Braunton BMX Club be re-assigned, totalling £75,616.18 for use by the authority in delivering a BMX pump track, which already forms part of the approved capital programme;

(c) That NDC procures and manages the project and maintains the facility thereafter.

RECOMMENDED

(d) That Council be recommended to vary the capital programme by a further £25,000 from Investing in Devon external funding (£25,000), and that the full project funds be released.

REASONS FOR DECISIONS/RECOMMENDATION

(a) To support delivery of a community facility and allocate funds in line S106 agreements.

(b) To provide a solution to the delivery of the BMX track construction.

127. JOINT LOCAL DEVELOPMENT PLAN WORKING GROUP - DRAFT TERMS OF REFERENCE.

The Executive considered a report by the Lead Officer Planning Policy (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the draft terms of reference for the Joint Local Development Plan Working Group.

The Lead Officer Planning Policy highlighted the following:

 The Joint Local Development Plan Working Group had been meeting since 2008, its principal purpose being to support the delivery of the North Devon and Torridge Local Plan through joint working arrangements.

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 Although the Joint Local Plan had now been adopted, there was still a need for the working party to meet to agree other joint documents such as supplementary planning documents and the housing needs supply.  In July 2008, Executive had agreed to form a Joint Local Plan Working Group with Torridge District Council and to appoint three members. The Working Group had requested a review of its terms of reference, however there were currently no formal terms of reference agreed by both Councils.

In response to questions, the Head of Corporate and Community advised the following:

 If the Governance arrangements changed from an Executive to a committee structure, the terms of reference and membership of the working party could be reviewed.  The next meeting of the Governance Arrangements Working Party would consider the possibility of appointing Lead Members, as this was possible within a committee structure.

DECISIONS

(a) That the draft Terms of Reference (Appendix 1) for the Joint Local Plan Working Group be endorsed subject to paragraph 9 being amended to include “at the discretion of the Chairman” at the end of the sentence;

(b) That consideration be given to how best to keep the wider Membership informed of progress by the Working Group.

REASONS FOR DECISIONS

(a) To formalise the Terms of Reference for future operation of the Joint Local Plan Working Group.

(b) To keep all Members informed in progress with joint planning policy documents and to facilitate transparency for all Members.

128. ANTI-FRAUD CORRUPTION AND BRIBERY POLICY.

The Executive considered a report by the Chief Financial Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the adoption of the Anti-Fraud Corruption and Bribery Policy.

The Head of Resources highlighted the following:

 The Policy applied to both employees and Councillors.  There had been a small number of updates but no significant changes to the Anti-Fraud, Corruption and Bribery Policy. The main changes were to references to the Whistleblowing Policy within the document.

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 The draft policy had been reviewed and recommended by the Audit Committee on 8th January 2019.  The policy incorporated the provisions required of the Bribery Act 2010.  Suspected cases of fraud, corruption and bribery would be investigated by the Council.

DECISION

That The Council’s zero tolerance to fraud corruption and bribery be noted and the updated Anti-Fraud, Corruption and Bribery Policy be approved.

REASONS FOR DECISIONS

(a) The policy provides a clear statement of the Council’s position and response to fraud, corruption and bribery activity.

(b) The policy provides the mechanisms for detecting and reporting suspected fraud, corruption and bribery activity.

129. ANTI-MONEY LAUNDERING POLICY.

The Executive considered a report by the Chief Financial Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the adoption of the revised Anti-Money Laundering Policy.

The Head of Resources highlighted the following:

 The Council had a duty to report to the National Crime Agency areas of suspected money laundering activity.  The draft policy had been reviewed and recommended by the Audit Committee on 8th January 2019.  The minor amendments that had been made to the revised policy.

DECISION

That the Council’s zero tolerance to money laundering be noted and the updated Anti-Money Laundering Policy be approved.

REASONS FOR DECISION

(a) The policy provides a clear statement of the Council’s position and response to money laundering activity.

(b) The policy provides the mechanisms for detecting and

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reporting suspected money laundering activity.

130. EXCLUSION OF PUBLIC AND PRESS AND RESTRICTION OF DOCUMENTS

RESOLVED:

(a) That under the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 (as amended), as made under the Local Government Act 2000, the public and press be excluded from the meeting as it involved the likely disclosure of exempt information as defined by Paragraph 3 Part 1 of Schedule 12A of the Act (as amended from time to time), namely information relating to the financial or business affairs of any particular person (including the authority holding that information).

(b) That all documents and reports relating to the item be confirmed as “Not for Publication". 131. THE LYNTON COMPLEX

The Executive considered a report by the Estates Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the Lynton Complex.

The Estates Officer highlighted the following:

 The Lynton Community Development Trust was aware that the report was being considered at this meeting and contained confidential information.  Opportunity for the Council to consider a potential joint venture development in Lynton to enable a community-led affordable housing scheme by Lynton Community Development Trust to meet some of the local housing need identified by a recent housing needs survey in the parish.  Potential sites available in Lynton.

In response to questions, the Estates Officer advised:

 Lynton and Lynmouth Town Council had been consulted by Lynton Community Development Trust.  There was a need to achieve best value for the Council.  Clarification would be sought regarding the funding awarded by national organisations.

In response to questions, the Housing Services Manager advised:

 The Council had been awarded £667,869 sum from the Department for Communities and Local Government which had been placed into the Community Housing Fund earmarked reserve. The purpose of the fund was for the Council to support community-led housing development. Lynton and

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Lynmouth had been identified as a community to be supported by the Community Housing Fund and they have formed the Trust with a commitment to deliver a housing scheme and have already made progress leading to the report presented to the Executive.

In response to questions, the Head of Resources advised:

 Officers would investigate all the issues raised by the Executive which would include access arrangements and report back on the viability of the scheme.

DECISIONS

(a) That officers be supported in ongoing consultations with the Trust and their advisers on the potential release of value from this asset to provide for reconfiguration and redevelopment to include the re-provision of existing facilities;

(b) That officers be given leave to progress the preparations and structure of draft heads of terms/an agreement with the Trust, with the intention to develop a viable scheme for the entire asset.

REASONS FOR DECISIONS

(a) To allocate the Community Housing Fund to achieve its stated aims “to enable capital investment, technical support and revenue to be provided to make more schemes viable and significantly increase community groups’ current delivery pipelines”.

(b) Thereby the viability of a potential scheme would be fully investigated and funded within the framework and structure set out in the proposed heads of terms. With limited financial implications on NDC for these costs.

(c) To invest in communities and increase rural affordable housing stock, held truly in perpetuity for local people.

(d) By using the entirety of the site area we can aim to accommodate the development of a viable residential scheme, which may include open market housing as well as local needs dwellings, as well as providing more appropriate facilities for the existing tenants and wider community.

(e) That NDC Estates officers and Environmental Health and Housing work jointly in this project with the Trust.

(f) To potentially gain a capital receipt and improve the property asset.

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Chairman The meeting ended at 11.21 am

NOTE: The above decisions shall not take effect until the five clear working days have elapsed from the date of publication: Tuesday 5 March 2019

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NORTH DEVON COUNCIL COUNCIL 13th MARCH 2019 EXECUTIVE LEADER’S REPORT

It seems no time at all since we approved the budget and a few days later we are here at another Full Council meeting. However, at that meeting I was asked agreed to write to Mr Dave Black head of Transportation and Environment for Devon County Council, on behalf of the two residents that put a question to Council. I wrote to Mr Black on the 28th February 2019. As I write this I have not yet received an answer but of course the letter was only written 4 days ago and a weekend has formed part of that time frame. What great news that RMB Chivenor has now been officially now been informed that it will remain open. I am grateful to our MP Peter Heaton-Jones for his tremendous efforts at defending RMB Chivenor and going the extra mile for the base helping to establish its longer term future. I also wrote to both the former and current Secretary of State, the last letter I wrote was in January of this year asking him to make a decision in favour of Chivenor remaining open and thus remove the uncertainty about the bases future. One thing that service personnel and workers in general do not appreciate and that is uncertainty, they need clarity so that they can plan for the future. Furthermore of course there are few places in the United Kingdom better for training than in this area. I am sure this council is delighted with the outcome!

Des Brailey MBE Leader North Devon Council

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NORTH DEVON COUNCIL

COUNCIL: 13TH MARCH 2019

EXECUTIVE

RECOMMENDATIONS OF THE EXECUTIVE HELD ON 4TH MARCH 2019

Minute 125 (b): Approval and Release of Section 106 Public Open Space Funds, Croyde

DECISION

(a) That £40,000 of S106 Public Open Space Funds to Georgeham Parish Council be allocated towards the cost of Croyde Play Area;

RECOMMENDATION

(b) That Council vary the capital programme by £40,000 and that funds be released, subject to a Funding Agreement upon such terms and conditions as may be agreed Head of Corporate and Community Services.

Minute 126 (d): Braunton BMX

DECISIONS

(a) That the freehold transfer of the land at Velator be accepted, identified on the annexed plan to the report, at nil value and it be adopted for use as a BMX track, from Trustees of the BMX Club;

(b) That pursuant to Executive decisions on 6/6/2016 and 5/2/18, that the allocation of S106 public open space funds previously allocated to Braunton BMX Club be re-assigned, totalling £75,616.18 for use by the authority in delivering a BMX pump track, which already forms part of the approved capital programme;

(c) That NDC procures and manages the project and maintains the facility thereafter.

RECOMMENDED

(d) That Council be recommended to vary the capital programme by a further £25,000 from Investing in Devon external funding (£25,000), and that the full project funds be released.

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Open

NORTH DEVON COUNCIL

REPORT TO: COUNCIL

DATE: 13TH MARCH 2019 TOPIC: OUTSIDE BODIES – REPORT OF APPOINTEES REPORT BY: HEAD OF CORPORATE AND COMMUNITY/MONITORING OFFICER

1 INTRODUCTION

1.1 The purpose of this report is to receive reports from appointees to Outside Bodies to improve the Council’s knowledge of and communications with outside bodies.

2 RECOMMENDATIONS

2.1 To note the reports from appointees to Outside Bodies.

3 REASONS FOR RECOMMENDATIONS

3.1 To improve the Council's knowledge of and communications with outside bodies by requiring reports from appointees.

4 REPORT

4.1 In accordance with the report presented to Annual Council meeting on 21st May 2015, all appointees to Outside Bodies are required to report back to Council at appropriate intervals, usually annually.

4.2 Reports from appointees have been received and are attached as an appendix to this report.

5. CONSTITUTIONAL CONTEXT

Part or Appendix Referred or delegated and paragraph power?

Council Procedure Delegated Rules Part 4, Para

Page 219 Agenda Item 12 1.2.7

6 STATEMENT OF CONFIDENTIALITY

7.1 This report contains no confidential information or exempt information under the provisions of Schedule 12A of 1972 Act.

7 BACKGROUND PAPERS

8.1 The following background papers were used in the preparation of this report:

o Report to Council on 21st May 2015.

The background papers are available for inspection and kept by the author of the report.

9 STATEMENT OF INTERNAL ADVICE

The author (below) confirms that advice has been taken from all appropriate Councillors and officers.

Author: Ken Miles/Bev Triggs Date: 05/03/19 Reference: 2019.03.13 Outside Bodies report to Council

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Outside Body Appointee Response Received?

Barnstaple BID Cllr Bradford (substitute Yes, but report N/A. Cllr Webber) Barnstaple and District Cllr Barker No Chamber of Commerce

Barnstaple Town Centre Cllr Barker and Luggar No report received. Management

Barnstaple Youth House Cllr R. Cann No report received.

Braunton Marsh Internal Cllrs Chesters, Bonds Yes. Drainage Board and R. Cann

Chulmleigh Town Hall Cllr Croft Yes. Committee

Citizen’s Advice Bureau Cllr Tucker Yes. Emailed to all (Torridge, North Devon, Mid Councillors. Devon and Bude)

Combe Martin Tourism Cllr Lovering No report received. Association

CPRE Cllr Luggar No report received.

Devon and Cornwall Police Cllr Mathews Yes. Crime Panel

Devon Districts Forum Cllr Brailey and Chief No report received. Executive

Devon and Exeter Rail Cllrs Luggar and Flynn No report received. Project Working Party Councillor Flynn has not been able to attend any meetings over the previous year due to previous engagements. Devon Waste Reduction and Cllr R. Cann No report received. Recycling Committee

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Body Appointee Response Received?

District Council’s Network Cllr Brailey No report received. Assembly

Exmoor National Park Cllrs Ley and Patrinos Yes. Authority

Go North Devon Cllr Luggar No report received.

Ilfracombe and District Cllr Crabb No report received. Tourism Association

LGA General Assembly Cllr Barker No report received.

LGA Coastal Issues Group Cllr Wilkinson and Davis Yes.

North Devon Against Cllr Roome No report received. Domestic Abuse Northern Devon Areas of Cllr R. Cann No report received. Outstanding Natural Beauty

Northern Devon Growth Cllr Barker No report received. Board

North Devon Archaeological Cllr Bradford Yes. Society

North Devon Athenaeum Cllr Hunt No report received.

North Devon County Locality Cllrs Lane and Chesters No report received. Committee

North Devon Highways and Cllrs Chesters and Lane No report received. Transport Orders Committee

North Devon Voluntary Cllr J. Cann Yes. Services

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Body Appointee Response Received?

Safer North Devon Cllr Gubb Yes. Community Safety Partnership Board

South West Provincial Cllr Yabsley No report received. Council for Local Authority Services

Woolacombe and Mortehoe Cllr Wilkinson Yes. Tourism Association

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Open NORTH DEVON COUNCIL

REPORT TO: NORTH DEVON COUNCIL Date: 13/03/19 OUTSIDE BODY: BRAUNTON MARSH DRAINAGE REPORT

REPORT BY: Councillor CHESTERS

Usually we meet every other month but over the last year we have met monthly as we have had to replace a well worn pair of gates that keep salt water out of the channels that take fresh water to the cattle grazing there. The gates are known as the Great Sluice, and are classed as a listed building. I attend all the meetings as I am the Chairman of the Board.

The Purpose of the Board is to maintain the water levels in the channels.

As the Council promote tourism, I believe this is a winner. The Marshes are visited by locals and tourist all year round. Approx 120,000 – 140,000 visitors use the area for walking, playing on the beach which is on one side of the marshes, and looking at the fauna and flora on the site.

We have managed to replace the Great Sluice and carried out other works to maintain the area. This has involved a Planning Application, listed building consent, working with another Consortium using their expertise, engaging a contractor, and making sure the work was carried out appropriately. The gates had to be made in Holland as there is no company capable of doing the work in England.

Our next task is to establish a long term maintenance programme to protect the Marshes and keep houses and the area safe, especially since Horsey Island has breached. Again we will have to use outside bodies to help in drawing up a WAP (Water level management programme) as well as a BAP (Biodiversity Action Plan), there are essential documents.

I think our smaller group has more chance of moving things forward, rather than more people and it becoming a talking shop. I would welcome anyone with expertise in drawing up the BAP and WAP, so if there is anyone out there please let me know.

The Braunton Marshes Drainage Board is one of the most effective groups I serve on, I learn something every time I walk there, it’s a joy to watch 7 cygnets following their mum and dad swimming down a channel or to see a Kingfisher, absolutely marvellous. If you have never been there do try to get

Page 224 Agenda Item 12 Appendix A there but there is a £2 charge to take your car on the Marshes, but you can spend the whole day there without realising that the hours are going by.

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Open NORTH DEVON COUNCIL

REPORT TO: NORTH DEVON COUNCIL Date: 13/03/19 OUTSIDE BODY: CHULMLEIGH TOWN HALL REPORT

REPORT BY: Councillor CROFT

ACTIVITY

The CTHC has met four times in the last 12 months including their AGM in July 2018. I attended all the meetings and hold copies of their Annual Accounts, Public Liability Insurance certificate and Charity Registration document. Two of the committee members have unfortunately resigned for family reasons, but all others see each other informally on a weekly basis. Anything requiring attention is immediately acted upon.

CTHC continues to provide a convenient, central and inexpensive venue which Charities, clubs, groups and other local organisations continue to make full use of. Over several decades this has become a key venue where local organisations encompassing all ages come together to raise awareness and funds for their activities. In addition, the Town Hall is hired for other events; some on a weekly basis throughout the year, others monthly (such as the Parish Council) and some annually.

The Saturday Coffee Mornings remain as popular as ever! There is nowhere better than Saturday morning at CTH to find out what is happening locally - and to circulate important news. They are attended by hundreds of people – with 2019 being fully booked and bookings in place already for part of 2020.

Largely because of its town centre position the hall is booked for a wide variety of organisations for fund raising coffee mornings. All fifty-two Saturdays are always booked, (and we have an extensive waiting list) and we are able to infill during weekdays. Not only as this an exceptional way to raise money, but also given members of the local and surrounding communities the opportunity to meet and socialise. The Saturday influx of people also supports our local businesses.

In addition, the Hall is used on week days for meetings of the Parish Council, by the local churches for funeral teas, local hospital groups, Macmillan Nurses, weekly Whist Drive, weekly Yoga classes, weekly Keep-Fit, Slimming and Pilates classes, business meetings, children’s parties plus the occasional Art or Craft Exhibition. It is the established venue for a variety of events during Chulmleigh Old Fair Week in July - an annual event that has taken place in

Page 226 Agenda Item 12 Appendix A the town and surrounding area since the Royal Charter was granted way back in 1253.

CTH continue to provide the ground-level venue for a series of winter Soup Kitchens during the colder months, Sunday Lunch Club for those living alone, Lent lunches, and the hugely successful Pancake Day on Shrove Tuesday.

Involvement with CTHC is not only beneficial to NDC - it is probably essential. It is invaluable in fostering good communication with the people of Chulmleigh and ensures accurate information about NDC reaches everyone in a friendly and informal way. Chulmleigh faces the same financial difficulties as other areas and wants to understand what NDC can and cannot do to help them generally. NDC use the CTH facility for their own information displays, such as Elections, the Local Plan and planning consultations.

For the past few years the Police no longer have the man-power hold a regular surgery in the Hall, but a PSO calls in at many coffee mornings instead.

Chulmleigh Town Hall is very much involved in the Remembrance Service every November, with almost all the local people gathering outside in The Square and the Last Post being played from the Town Hall.

ACHIEVEMENTS

The carved slate wall stone advertising the town hall and its origins is finally in place to the delight of local people.

Installation of de-humidifiers has been completed and this has meant considerable loss of condensation and damp curtains etc. We are amazed at how much water was circulation in the air of this old building – but now delighted to have found an acceptable solution to the excessive dampness and more than pleased that water no longer runs down inside the windows.

THE FUTURE

NDDC requested the use of Chulmleigh Town Hall to be used as an emergency safe space/rest centre for up to 30 persons if a temporary crisis arose. North Devon Council are responsible for sourcing and resourcing small rest centres in the event of a local emergency necessitating evacuation of some of the local community. In order to compliment the North Devon Council Major Incident plan, they wish to establish a network of small rest centres in this area. Chulmleigh Town Hall appears ideally placed in the unlikely event the plan should be instigated to support the local community.

CTHC remains effective in meeting its aims and the variable needs of the local community. The town would be lost without its Hall – CTHC ensure that this asset remains available to all. Last year we reported on-going problems of vandalism to the internal town hall toilets. TCTH committee have now

Page 227 Agenda Item 12 Appendix A introduced a key system which seems to be working well and there have been no vandalism incidents for almost a year.

A caretaker has been appointed to work just 2 hours daily. This means the hall is always spick & span for incoming users and visitors – it helps deter potential ‘wreckers’ too.

I do not think a further appointment of a NDC Member is necessary. This is a hard working committee with often differing views but with a common aim - to provide for the local needs of Chulmleigh and the surrounding area. It works very well as it is.

OTHER

This building is of paramount importance to Chulmleigh. There is no other place within the town centre to accommodate the events and the large number of people who cram into it - both downstairs and upstairs rooms. The numbers of very elderly people in Chulmleigh seem to be increasing – we are recorded as having the largest population of people over 82 years of age in North Devon. Since the stair-lift was installed it is less difficult for the elderly to join events in the upstairs hall and side room - but as their ages increase they are less able to manage. The Hall doesn't have a day off! It is in constant use as shown above and remains the most important meeting place in Chulmleigh. It is old, solid and unglamorous - but that doesn’t seem to matter. It serves its purpose well and the people love it!!

NOTE: Just some of the organisations who use and support the Hall.

BRAINchild-inform, Devon Air Ambulance, Children’s Hospice South West, North Devon Hospice, Chulmleigh Air Cadets, Chulmleigh Cricket Club, Chulmleigh Fire Service, Chulmleigh Old Fair, Chulmleigh Old Fair – choosing the Queen, DART - Devon Ambulance Response Team , Freewheelers Blood Transfusion Bikers, Chulmleigh Badminton Club, Chulmleigh Table Tennis, Chulmleigh PTA, South Molton Hospital League of Friends, Chawleigh WI, Chulmleigh WI, St Mary Magdalene - The Parish Church, Friends of Chulmleigh Church. Chulmleigh Congregational Church, Chulmleigh Methodist Church, Cheldon Church, Wembworthy Church,

Page 228 Agenda Item 12 Appendix A

Kidney Research UK, Chulmleigh Garden Society, Chulmleigh Floral Art, Chulmleigh Playing Fields, Chulmleigh Brownies and Guides, Chulmleigh Primary School, Soul Survivor, Alzheimer’s and Dementia Support, PAWAN School of Pakistan, PROSTATE cancer UK, Chulmleigh Voluntary Car Service, Chulmleigh Scouts, Chemotherapy North Devon Hospital, The Royal British Legion, Chulmleigh Recreational Association, Chulmleigh Football Club, Chulmleigh Young Farmers, North Devon District Hospital League of Friends, North Dartmoor Search & Rescue.

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Open NORTH DEVON COUNCIL

REPORT TO: NORTH DEVON COUNCIL Date: 13/03/19 OUTSIDE BODY: DEVON AND CORNWALL POLICE CRIME PANEL

REPORT BY: Councillor MATHEWS

The Committee meets 4 times a year in Plymouth and more if necessary. I have attended all meetings this year but if not available the Vice Chair of the Crime and Disorder Committee will attend in my place, North Devon is always represented.

The job of the Panel is to Scrutinise the work of the Police and Crime Commissioner as laid down under the Police and Social Reform Act of 2011. She cannot interfere, or the Panel, in Police operations.

I believe the Panel contributes to making North Devon a Safer place to live and contributes to their well-being.

I believe that by giving support to the Chef Constable and the Commissioner we have helped in keeping this a low crime area.

I believe that North Devon should always be represented on the Panel

The panel played its full part in supporting the Commissioner in her decision not to support the amalgamation of the Devon/Cornwall Constabulary with the Dorset Constabulary which was not in the interest of the people of Devon and Cornwall.

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Open NORTH DEVON COUNCIL

REPORT TO: NORTH DEVON COUNCIL Date: 13/03/19 OUTSIDE BODY: EXMOOR NATIONAL PARK

REPORT BY: Councillor LEY

Activity

The Exmoor National Park Authority meets on the first Tuesday of every month (all day), plus extra meetings foe what Members are specifically interested in and some planning site visits. Personal attendance is approximately 95%.

Purpose

The same objectives as North Devon Council plus preserving the landscape in line with government requirement for National Parks.

Achievements

Carried out their statutory duties in line with DEFA’s eight point direction for National Parks.

The Future

If Exmoor National Park doesn’t achieve its aim, it doesn’t receive its annual Government grant and I see no chance of that happening.

North Devon Council appointment of two Members if for a four year term. In the future no appointments would leave 30% of the National Park in North Devon unrepresented.

Other

Exmoor National Park is one of the authorities applying for a joint Devon and Somerset devolution bid to Government along with North Devon Council.

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Open NORTH DEVON COUNCIL

REPORT TO: NORTH DEVON COUNCIL Date: 13/03/19 OUTSIDE BODY: LOCAL GOVERNMENT ASSOCIATION COASTAL ISSUES GROUP

REPORT BY: Councillor WILKINSON

Activity

The group meets 4 times a year. Three of the meetings are held in London at LGA House and the AGM is hosted by one of the member councils. In 2018 I attended all three of the London meetings but not the AGM. There are over 70 member authorities in the group representing the entire coast of England. A strong recruitment drive in 2018 saw several new authorities join the group which now represents nearly all of the coastal counties and districts. Included in this group from 2019 is Torridge District Council

Purpose

This group’s principal aim is to establish improved governance, management and community wellbeing to ensure that the UK has the best managed coast in Europe, and to identify appropriate and sustainable funding strategies to support this. It also works towards achieving the recognition that England’s coast deserves in policy and decision making and promoting the important role of local government.

Achievements

In 2018 there was an approach from a House of Lords Select Committee for contributions towards a white paper regarding regeneration of coastal communities and towns. I met with one of our officers, Dominie Dunbrook, and we drafted a response from North Devon Council which was then delivered at another meeting in Westminster. We both attended this meeting and are awaiting the publication of the said document.

The future

Last year I discussed the following items with the relevant N,Devon Council officers

THE GOVERNMENT 25 YEAR ENVIRONMENT PLAN

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The government recently outlined its 25 Environment Plan and there are several sections that we need to pay attention to regarding the coast.  Planning within flood plain issues.  Planning for an ageing population (most relevant in a coastal environment which attracts a greater retirement age group.  The Coastal Concordat (all coastal authorities should be signed up by 2020)

BATHING WATER QUALITY

In 2018 two of our designated bathing beaches were awarded the “poor” rating for the bathing water quality test and whilst there are obvious reasons for this at Wildersmouth, there should be genuine concern about the effect upon tourism at Combe Martin. It should be noted that there were only 5 other “poor” awards in the country!

AFFORDABLE HOUSING IN COASTAL AREAS

The differential in housing values and the lack of available building sites in coastal and urban conurbations makes delivering affordable housing a real problem. I am very keen to see this problem addressed in order to protect the rural coastal communities.

I therefore thoroughly recommend the continuance of North Devon Council’s membership of this group.

Other

I have found that working with members and officers from other authorities has enabled me to gain a far greater insight into the problems experienced by our coastline and has also enabled me to have a better understanding of how to develop strategies to overcome them. I have found it particularly valuable networking with our Devon County and Cornwall colleagues and frequently liaise with them on coastal matters. You may be aware that there are already a few coastal partnerships that exist around the country. The Coastal SIG will be reviewing lessons learned from these partnerships and will share the knowledge that will help other local authorities to plan their own way forwards. I would like to see further local meetings of the “Surf Coast” Coastal Communities Group. The opportunities to see through some long awaited projects are immense and will benefit both the tourist industry and also the residential population of our coastal villages.

Unfortunately the application for designation of the coastal strip from Lynmouth to Saunton as a World Surfing Reserve was not successful but it has been suggested that a further application could well achieve this aim. This would open the door for grant awards as well as provide really good publicity of our wonderful coastline.

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Additional email response: From Councillor Davis

Dear Glynne,

Cllr Wilkinson and I agreed some years ago to improve efficiency and reduce cost to the North Devon taxpayer, that he would attend the meetings and I would go if he was unavailable.

Thanks to his commitment I have not attended any meetings, Malcolm will I’m sure on his return from annual leave be very happy to provide the information requested.

I would be grateful if in the report to full Council our commitment to working together and efficiency could be shared by using this email as my response you your request.

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Open NORTH DEVON COUNCIL

REPORT TO: NORTH DEVON COUNCIL Date: 13/03/19 OUTSIDE BODY: NORTH DEVON ARCHAEOLOGICAL SOCIETY

REPORT BY: Councillor BRADFORD

I continue to receive regular updates from NDAS, and always impressed with the efforts of this excellent organisation. Unable to attend meetings due to other commitments.

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Open NORTH DEVON COUNCIL

REPORT TO: NORTH DEVON COUNCIL Date: 13/03/19 OUTSIDE BODY: NORTH DEVON AND TORRIDGE COMMUNITY SAFETY PARTNERSHIP

REPORT BY: Councillor GUBB

Activity

To represent North Devon Council on the Statutory Board of The North Devon and Torridge Community Safety Partnership (CSP) Purpose

To reduce crime, fear of crime for those who live, work and visit our area Community Safety is a statutory function for district councils.

Achievements

The Community Safety Partnership have continued to present briefings to increase understanding of themes emerging in the community. Over the last year there have been sessions about County Lines (drug supply), Dementia, Illegal Money Lending and Cybercrime. These sessions have been attended by employees from both statutory CSP partners, and from the voluntary sector.

The partnership continues to support the Northern Devon Community Mediation who provide a way of offering solutions to disputes between neighbours.

The Junior Lifeskills event was held at the Barnstaple Rugby Club in June 2018 and attended by over 600 local children from across North Devon and Torridge.

The issue of homelessness and anti-social behaviour in Barnstaple is being addressed through daily Police and Council patrols. A campaign has been developed, to be launched in March 2019, to inform the community of support services available.

A multi-agency group has been brought together to address road safety in North Devon with representatives from North Devon Council, Devon County

Page 236 Agenda Item 12 Appendix A

Council, Police and Fire Service among others. The group has formulated plans for a publicity campaign in conjunction with a local haulier to highlight the issue of dangerous driving on their lorries.

The Street Marshal scheme continues to operate at Fever Nightclub, Barnstaple and is 50% funded by The Community Safety Partnership. The scheme increases safety for those in the night time economy by employing doormen for an extra hour following the closure of the club.

The partnership have contributed to the development of the Preventing Exploitation Toolkit This online resource, to be launched this month, aims to equip professionals with knowledge of help available to vulnerable people and provides a route to submit intelligence about those who may be exploiting others.

THE FUTURE

The aforementioned bitesize briefings will continue throughout next year and will include such subjects as radicalisation and domestic abuse. In April 2019 The CSPs action plan will be refreshed, following consideration of any issues raised by the Safer Devon Strategic Assessment.

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Open NORTH DEVON COUNCIL

REPORT TO: NORTH DEVON COUNCIL Date: 13/03/19 OUTSIDE BODY: NORTH DEVON VOLUNTARY SERVICES

REPORT BY: Councillor J. CANN

Activity

The Board of Trustees held 4 meetings during the last 12 months. I was able to attend 3 of these meetings.

Purpose

To support voluntary and community groups and individuals in their development, enabling them to recruit and retain volunteers, find funding sources and write applications, ensure they are operating with appropriate policies and procedures and are responsive to the needs of their communities.

This Council's involvement in the supporting of NDVS assists and improves the lives and prospects of those that live and work in the area. It creates and protects a resilient North Devon.

Achievements

Supported projects;- One Ilfracombe, One Barnstaple, North Devon Homes - Mental Health Project, Braunton - Live Well Project and Combe Martin - Memory Cafe.

Community Health and Social Care Teams - NDVS is still able to provide an employed Co-ordinator to oversee the voluntary representatives who support these teams. The aim being to continue supporting people who are unable to leave their home, giving welfare and advice in completing forms etc.

Devon Community Car Forum - NDVS continue to host and support this group

These mentioned above are just a few of the diverse groups that have been supported by NDVS during the past 12 months.

An award evening was held to celebrate the volunteers within our community - this was a very successful event and NDVS along with their Chief Officer and team worked extremely hard to facilitate this event.

The Future

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I believe that this body effectively meets the aims and objectives;- showing commitment in the promoting of good practice and the enhancement of the voluntary sector.

The Board wish to express their gratitude to North Devon Council for their financial support and hopes it will continue.

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Open NORTH DEVON COUNCIL

REPORT TO: NORTH DEVON COUNCIL Date: 13/03/19 OUTSIDE BODY: WOOLACOMBE & MORTEHOE TOURISM ASSOCIATION

REPORT BY: Councillor WILKINSON

Activity

This group meets approximately 6 times a year. I attended 5 meetings in 2018

Purpose

The intention of the organisation is to promote Tourism in Mortehoe, Woolacombe & Croyde. This falls in line with N.Devon Council and North Devon + priorities for tourism.

Achievement

This TIC, unlike many others in North Devon, is flourishing with a strong membership and the production of an excellent guide and website. Recognition has been made of the changing face of advertising and the rapidly increasing use of the website compared to the guide. A new website was launched and is proving a vital tool for promoting tourism in the villages The recent involvement of the National Trust in the TIC has proved very successful and there are moves to extend this liaison. 2018 saw the introduction of a tramper vehicle based at Woolacombe. This allows the less abled to experience the amazing coastal viewsalong our shoreline. I am also working with both the National Trust and Mortehoe Parish Council to provide better less abled access within the parish.

The AGM held last week was attended by over 30 members.

The future

I represent the Parish on the “Plastic Free North Devon” campaign and the importance of local businesses signing up to this initiative. There has been a fantastic response from local businesses with over 30 signing up to the scheme.

It is essential that a further appointment is made in order to continue the working partnership between the council and TIC’s.

Other

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I am a representative of the District Council on this committee and although I take part in discussion and debate I do not have a vote.

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North Devon Council Audit Committee

Date: March 2019

Half Yearly Report of the Chair of Audit Committee

The Audit Committee resolved in May 2014 that the Chair would report half yearly to Council in March and September to highlight key issues that have arisen in the previous period.

The last report was presented in September 2018. Since then the Committee had met on 8th January 2019. The programmed meeting of 6th November 2018 had been cancelled.

Growth Agenda

The Committee received a presentation from the Head of Place with regards to the Growth Agenda. He advised that the Growth Agenda corporate objective had been presented to Full Council in 2018. At that meeting a cross-party agreement had been made for:

1. a vision to be developed for transformative growth for the period beyond the emerging Local Plan (2031 onwards), and 2. the Council to engage with Homes England, the Ministry of Housing, Communities and Local Government (MHCLG) and Devon County Council on the topic of future growth.

His team were preparing North Devon’s Vision for 2050, with the following timetable:  Present draft Vision to growth group on 30th January 2019  Stakeholder events from February 2019 onwards  Present to Full Council in March 2019.  Community Engagement post May 2019.

He advised there would be risks in taking steps towards this vision. In addition, innovation and digital strategies had been adopted. These strategies had been implemented across the Northern Devon area in conjunction with Torridge District Council.

21:21 Phase 2 Report

The Head of Corporate and Community Services presented the Committee with an update on phase 2 of the 21:21 project. He advised the 21:21 project centred on Service Improvement. Within this there were four original themes of Leaning and Transformation of Services, One Site, Income Generation, and Waste and Recycling. He advised that Castle Street had now been freed up and had been utilized to house those in need of temporary accommodation and that the future aim was to move more staff to BEC. He updated the Committee with the projects being undertaken to transform services, especially in relation to the demands on ICT.

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Anti-Fraud, Corruption and Bribery Policy,

Anti-Money Laundering Policy,

and Whistleblowing Policy

The Head of Resources presented the three policies, as above, to the Committee for consideration. The very few changes to these policies related to the names of the policies themselves, and a reference to the reduction of the punishment for money laundering from a term of 14 years to 5 years. The Committee recommended that the three policies be adopted.

To Consider the Recording of Audit Committee Meetings (Sound only)

The Committee considered the implications of recording future Audit Committees and agreed to the recording of the future meetings.

Driver and Vehicle Licensing Agency (DVLA) Audit of North Devon Council

The Committee considered the letter from the Driver and Vehicle Licensing Agency (DVLA) confirming the outcome of their audit of North Devon Council. It confirmed a decision of an overall rating of ‘Green’ whereby a high level of compliance was demonstrated.

External and Internal Audit

The Internal Audit Progress Report 2018/19, Certification Work report and the External Audit Progress Report and Sector Update were presented at the January meeting.

Internal Audit Progress Report 2018/19 confirmed that four audits had been finalised since the previous meeting. Two further audits had been completed, with the final reports issued: Cash Collection and Housing Benefits.

The External Auditor explained that the Certification Work Report confirmed the Housing Benefit subsidy claim totalled £25.7m. The report confirmed a ‘Qualified’ claim with an amendment of £1129. The qualifying letter was presented to the Department of Works and Pensions (DWP) on 29th November 2018.

The Audit Progress Report and Sector Update: the External Auditors had started planning for the 2018/19 financial statements audit and were due to commence the interim audit in March 2019. The Value for Money conclusion would be given prior to July 2019. The report detailed the Annual Certification Letter of 2017/18 as completed, with the dates planned for the 2018/19 deliverables.

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Audit Recommendation Tracker

The Committee was advised in January that six recommendations had been completed since the last meeting of the Committee (in September 2018). Details of those items requiring time extensions were presented to the Committee. The Committee agreed to extend these.

Corporate Risk Register

The Committee was presented with the Corporate Risk Register. The Committee discussed the possible effects of Brexit on the region, along with a withdrawal of the Royal Marines from the local base at Chivenor.

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NORTH DEVON COUNCIL

Minutes of a meeting of Planning Committee held at Barnstaple Rugby Club Main Room - Barnstaple Rugby Club on Wednesday, 13th February, 2019 at 10.00 am

PRESENT: Members:

Councillor Ley (Chairman)

Councillors Bonds, Chesters, Crabb, Croft, Edmunds, Flynn, Fowler, Gubb, Lane, Leaver, Prowse, Spear, Tucker, Worden and Yabsley

Officers:

Head of Place, Solicitor, Lead Planning Officer (North), Lead Planning Officer (South) and Senior Planning Officer

Also Present:

Councillors Biederman, Mackie and Meadlarkin

73. APOLOGIES FOR ABSENCE

There were no apologies for absence received.

74. TO APPROVE AS A CORRECT RECORD THE MINUTES OF THE MEETING HELD ON 12TH DECEMBER 2018

RESOLVED that the minutes of the meeting held on 12th December 2018 (circulated previously) be approved as a correct record and signed by the Chairman.

75. ITEMS BROUGHT FORWARD WHICH IN THE OPINION OF THE CHAIRMAN SHOULD BE CONSIDERED BY THE MEETING AS A MATTER OF URGENCY

(a) 64059, 64060, 64061, 64062, 64063: Retrospective applications for siting of concrete pads, mobile poultry houses with feed silos, Oaklands Poultry Farm, East Anstey, EX36 3PH

The Chairman reminded the Committee that at its meeting on 14th November 2018, the Committee had resolved to defer consideration of the applications for a maximum of three cycles. Natural England had now confirmed that the site was located within a Site of Special Scientific Interest risk zone and therefore an air quality assessment was required.

1 Page 247 Agenda Item 16a Planning Committee - 13 February 2019

The Head of Place advised that if the Committee considered at air quality assessment was a material consideration, then the Council would need to commission the work and this would not be completed prior to the March 2019 Committee meeting.

RESOLVED (unanimous) that consideration of the applications be brought to the next Committee meeting regardless of whether the air quality assessment had been provided by the applicant or not.

76. DECLARATION OF INTERESTS

The following declarations of interest were announced:

Councillor Ley Planning application 65980: Personal interest as he went to the site accompanied by the Planning Officer on one occasion as there was one particular issue at that point outstanding.

Councillor Worden Planning application 63167: Personal interest as he knew several objectors.

Planning application 65980: Personal interest as he knew the applicant.

77. 63167: LEE BAY HOTEL, LEE - DEMOLITION OF EXISTING HOTEL, ERECTION OF 23 DWELLINGS, FORMATION OF NEW PUBLIC OPEN SPACE, EXTENSION TO EXISTING CAR PARK, ERECTION OF CAFE AND WC BLOCK AND ASSOCIATED LANDSCAPING, DRAINAGE AND HIGHWAY WORKS (AMENDED PLANS & DOCUMENTS) (REVISED INFORMATION) (ADDITIONAL INFORMATION)

The Committee considered a report by the Head of Place (circulated previously – now appended).

The Lead Planning Officer advised the Committee that following the deferment of the application by the Committee at its meetings on 10th October 2018 and on 14th November 2018, the applicant had submitted further revised plans as a “compromise” proposal for 21 dwellings. The revised plans had been received on 12th February 2019 and therefore there had been no opportunity to consider them or for consultation to be undertaken with statutory consultees or with the public. He therefore recommended that the application be deferred to enable the statutory consultation to be undertaken. He briefly outlined the revised scheme to the Committee.

In response to a question, the Lead Planning Officer advised that to enable the statutory consultation to be undertaken, the application could be brought to a meeting of the Committee in April at the earliest.

2 Page 248 Agenda Item 16a Planning Committee - 13 February 2019

The Chairman advised the Committee that a number of interested parties had registered to speak on the application and asked whether those registered still wished to address the Committee.

Alan Bannister (objector), Paul Scarrott (objector) and Eric Couling (objector) addressed the Committee.

Councillor Meadlarkin (Ward Member) addressed the Committee.

RESOLVED (unanimous) that the application be DEFERRED to enable statutory consultation to be undertaken with consultees and the public on the revised plans received on 12th February 2019.

78. 65724: LAND ADJACENT FREMINGTON CEMETERY, OLD SCHOOL ROAD, FREMINGTON - ERECTION OF ONE BUILDING TO PROVIDE FUNERAL PARLOUR WITH ASSOCIATED OFFICES, WORKSHOPS & GARAGING TOGETHER WITH ERECTION OF SUPERVISORY DWELLING WITH DETACHED GARAGE

The Committee considered a report by the Head of Place (circulated previously – now appended).

The Lead Planning Officer (JW) advised that 25 letters of support had been emailed to the Committee on 11th February 2019, which had been submitted by the applicant following a community engagement exercise that had been undertaken. The letters of support included local businesses and residents.

Chris Howe (supporter), Martin Goff-Jones (objector), Dr Jones (objector), Kenneth Bonewell (objector), Martin Riley (objector), Debbie Polkinghorne (agent) and Jane Gayton (applicant) addressed the Committee.

Councillor Mackie (Ward Member) addressed the Committee.

Councillor Biederman (Ward Member) addressed the Committee. Councillor Biederman declared a personal interest as the applicant was a school friend whom he had known for a number of years.

In response to questions raised, the Lead Planning Officer (JW) confirmed that following the consultation response of the Designing Out Crime Officer, condition 10 had been recommended to secure natural boundary treatments of the site. The application would not change the development boundary within the Local Plan. There was an acceptable argument for this business to be sited in this location and all planning policies had been considered and applied. In relation to the potential conflict with pedestrians, the type of users visiting this site would not be on foot. The application was supported by a detailed Transport Appraisal, which suggested that the potential conflict with pedestrians was minimal. The issue of speed restrictions on the highway network leading to the site had not been explored.

3 Page 249 Agenda Item 16a Planning Committee - 13 February 2019

Councillor Mackie (Ward Member) advised the Committee of the speed restrictions on the highway network leading to the site.

In response to a question, the Lead Planning Officer (JW) advised that section 106 contributions had been applied to other planning applications seeking a financial contribution for Devon County Council to secure appropriate road traffic orders.

RESOLVED (unanimous) that the application be APPROVED as recommended by the Head of Place subject to seeking a financial contribution for Devon County Council to explore a road traffic order on Old School Road.

79. ADJOURNMENT OF MEETING

RESOLVED that the meeting be adjourned to enable a five minute comfort break.

RESOLVED that the meeting be re-convened to consider the remaining business.

80. 65904: JORDAN CLOSE, BARNSTAPLE - INSTALLATION OF STONE PATH AND TIMBER POST AND RAIL FENCE, EX32 9DN

The Committee considered a report by the Head of Place (circulated previously – now appended).

RESOLVED (unanimous) that the application be APPROVED as recommended by the Head of Place.

81. 65980: TWINMOOR VIEW, BARNSTAPLE - REMOVAL OF CONDITIONS 3 (PEDESTRIAN/VEHICULAR ACCESS), 4 (ALTERNATIVE ACCESS ARRANGEMENTS) & 5 (EXISTING ACCESS) ATTACHED TO PLANNING PERMISSION 62729 (CONVERSION OF BUILDING TO FORM ONE DWELLING), TO ALLOW THE USE OF THE EXISTING ACCESS

The Committee considered a report by the Head of Place (circulated previously – now appended).

Councillor Tucker advised that he would address the Committee in his capacity as Ward Member but would not take part in the discussions or voting.

The Senior Planning Officer (MB) reported the receipt of one further letter of support since the publication of the agenda.

Katie Palmer (supporter), Peter Malony (supporter), Roger Neve (objector) and Ian Berwick (applicant) addressed the Committee.

4 Page 250 Agenda Item 16a Planning Committee - 13 February 2019

In response to a question regarding the accuracy of the last two paragraphs contained within the Hawkcrest letter dated 15th January 2019, the Senior Planning Officer (MB) advised that he could not confirm whether these paragraphs were accurate as he had not been involved with the detailed discussions.

Councillor Ley confirmed that the statement regarding the update provided to the Committee in August 2017 as detailed in the second paragraph on page 174 was accurate, as he had attended the meeting with the Planning Delivery Team Leader. The Planning Manager had obtained a quote from a contractor for the works which were initially estimated at £10,000. Due to the additional works for digging for the installation of the electrical cable to serve the security gate the quote for the works had increased to £16,400. The neighbours had deposited their contributions in an Escrow Account for these works. The contributions would be paid to the applicant who would then pay the contractor.

Councillor Tucker (Ward Member) addressed the Committee. He had sought legal advice from the Monitoring Officer, and had been advised that he could address the Committee as Ward Member but not take part in the consideration of the application or voting.

RESOLVED (11 for, 2 against, 0 abstained) that the application be REFUSED as recommended by the Head of Place.

Chairman The meeting ended at 12.35 pm

5 Page 251 This page is intentionally left blank Public Document Pack Agenda Item 16b Licensing Committee - 5 February 2019

NORTH DEVON COUNCIL

Minutes of a meeting of Licensing Committee held at Barum Room - Brynsworthy Environment Centre on Tuesday, 5th February, 2019 at 10.00 am

PRESENT: Members:

Councillor Chesters (Chairman)

Councillors Biederman, Campbell, J Cann, Haywood, Jones, Mathews, Meadlarkin, Moore and Yabsley

Officers:

Licensing Service Lead, Public Protection Manager and Senior Solicitor

37. APOLOGIES FOR ABSENCE.

Apologies for absence were received from Councillors Gubb, Tucker and Wilkinson.

38. TO APPROVE AS A CORRECT RECORD THE MINUTES OF THE MEETING HELD ON 4TH DECEMBER 2018.

RESOLVED, that the minutes of the meeting held on 4th December 2018 (circulated previously) be approved as a correct record and signed by the Chairman.

39. DECLARATIONS OF INTERESTS.

There were no declarations of interest announced.

40. PROPOSED AMENDMENTS TO DANGEROUS WILD ANIMAL AND ZOO LICENSING FEES

The Committee considered a report by the Public Protection Manager (circulated previously) regarding proposed amendments to dangerous wild animal and zoo licensing fees.

The Public Protection Manager advised that following the approval of revised fees under the Animal Welfare (Licensing of Activities involving Animals) (England) Regulations 2018; the fees for dangerous wild animal and zoo licences were now disproportionately low and did not allow the Council to adequately recover costs. The structure of the fees currently in place did also not reflect the recent case of Hemmings v Westminster City Council and the report suggested a new part A and part B fee breakdown.

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She referred the Committee to appendix A of the report, which gave a detailed breakdown of the figures using the principles of Hemmings v Westminster City Council. The proposed fees were calculated in two parts, A and B. Part A covered the direct costs associated with processing an application, with part B to be paid following the grant of a licence covered the ongoing costs associated with running the licensing function. There was also a condition that the licence would not be operational until the part B fee had been received.

She explained the fee breakdown of the new proposed fees and added that there were no licences for dangerous wild animals in place at the current time. However, there were three licensed zoos within the North Devon area. These were Ilfracombe Aquarium, Combe Martin Wildlife and Dinosaur Park and Exmoor Zoo. She added that in calculating the fees, consideration had been given to zoos with and without dispensation. Section 14 of the Zoo Licensing Act 1981 provided the Secretary of State with powers to relax the requirements of the Act for a small zoo or one exhibiting only a small number of different kinds of animals.

In response to a question, she advised that if a business was sold the licence was transferrable under some circumstances.

RESOLVED:

(a) the Licensing Committee considered the draft fees for zoo licences and licences for keeping dangerous wild animals at Appendix One;

(b) that the Public Protection Manager consult the licensed community (three licensed zoo premises) and others by way of the Council’s website, given that the proposed increases were substantial. Members noted that the figures provided in respect of the necessary tasks required were conservative and officer rates with on-costs were fixed. As such the response of the consultees only had a limited impact, given the rigid formula for the calculation of fees. A possible suggestion from the licensed community was that some level of fee subsidy be imposed whilst fees were increased more incrementally over a set period. Members further noted that there was sufficient time to consult zoo licence-holders. The next zoo licence-holder anticipated to apply for renewal was likely to make their application between September and December 2019 and therefore consultation would not impact on the Council’s ability to recover costs, if fees were to be increased; and

(c) that the Public Protection Manager report on the results of the consultation in order that a recommendation could be made to Executive and Full Council for the approval of a revised set of fees for zoo licences and licences for keeping dangerous wild animals.

The Committee thanked the Public Protection Manager for a comprehensive report.

41. NORTH DEVON COUNCIL HACKNEY CARRIAGE TARIFF

2 Page 254 Agenda Item 16b Licensing Committee - 5 February 2019

The Chairman welcomed Mr Lethbridge (Licensed Taxi Driver) to the Committee.

The Members agreed to allow Mr Lethbridge addressed the Committee.

The Committee considered a report by the Licensing Service Lead (circulated previously) regarding the North Devon Council Hackney Carriage Tariff.

The Licensing Service Lead advised that the report sought to review North Devon Council’s Authorised Maximum Fares for licensed Hackney Carriages.

He explained that a request, which included a petition was received on 23rd October 2018 for a review of the hackney carriage tariff from a member the hackney carriage trade subsequent to the last review. A summary of the points outlined in the request were as follows: a) The request to increase maximum allowed fare to £3 lift off and £3 for the running mile on basic was because costs had caught up with the drivers who were full time, obviously part timers who only come out at prime times were difficult to speak to. b) The last two rises were on the lift off only and nothing on the running mile where the bulk of expenses were felt, result was those drivers working the town centre average journey being three quarters of a mile which works out taking an average of 30mpg 20 trips per gallon which makes a rise of £2 per gallon. c) Where as those looking after tourists travelling to various holiday resorts, which were roughly 30 miles per round trip only get 10p per gallon. d) The last rise was a reduction in distance of one quarter of a mile which was a rise of 62p per trip, town drivers get £12.40 per gallon. e) Again those drivers working with tourists get 62p per gallon, which obviously did not cover one fuel rise per litre let alone all the rises since 1999, plus large jump in cost of tyres (a set about £450 from £100) insurance had also increased dramatically, and a service for a vehicle was between £300 and £400, at the last rise on running mile fuel was under 90p and was now average £1.30 per litre. f) There was also a large amount of hackney vehicles working for private hire companies and using the ranks as walk on offices.

He added that the price of unleaded 95 octane fuel, which was taken from the south west average AA figures had increased by 14.6 pence per litre and the price of diesel had increased by 24.1 pence per litre in the period from April 2016, when the tariff was last approved, to December 2018.

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He explained that figures published in the January 2019 edition of the Private hire and Taxi magazine indicated that North Devon was the third highest ranked fare at £6.55 for a two mile journey in Devon. Torridge was ranked the highest in Devon at number forty eight with £6.62 and Mid Devon ranked the lowest at number two hundred and fourteen with £5.70. The current two mile journey was twenty nine pence higher than the Devon average.

He outlined the Hackney Carriage Fares for other Local Authorities, which were detailed in appendix D. If the proposed request for a £3.00 “lift off” and £3.00 running mile was approved it would result in the following significant increases for those persons who used and relied on hackney carriages:

 The ‘lift off’ fare would increase by 20p from £2.80 to £3.00.  The running mile would increase by 50p from £2.50 to £3.00.  The first mile fare would increase by forty five pence from £4.05 to £4.50.  A two mile fare would increase by 95p from £6.55 to £7.50 resulting in North Devon being £1.24 more expensive than the Devon average and moving up to ranking number six in the Private Hire and Taxi magazine published fares.  A five mile journey would increase by £2.45 from £14.05 to £16.50  A ten mile journey would increase by £4.95 from £26.55 to £31.50.  A thirty mile journey would increase by £14.95 from £76.55 to £91.50.

He explained that a written representation opposing the request to increase the hackney carriage tariff had been submitted by a North Devon licensed hackney carriage driver. A summary of the representation was as follows:

 A large number of North Devon Council licensed hackney carriage drivers did not want a fare increase.  The proposal had been initiated by the hackney carriage drivers who operated mainly out of the train station.  Those licensed drivers who operated from the train station could usually achieve full meter rate, whilst on the public ranks there was a culture of bartering resulting in the vast majority of fares not achieving full meter rate.  North Devon was a low income area.  Fuel price increases had not been that noticeable.  An increase in the tariff at the present time would not be appropriate.  It was becoming increasingly difficult to make a reasonable living, the negative publicity caused by an increase would do more harm to the trade.

He added that fuel prices and the costs of other goods and services had increased, however the proposed increase if approved would further elevate North Devon’s tariff to the sixth highest in England and become considerably more expensive than the Devon average and our near neighbours. It was recommended that no inflationary changes be made to the tariff at this point in time. Furthermore a representation from

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a licensed hackney carriage driver highlighted the negative effects of an elevated tariff.

The Committee discussed the request for the increase to the tariff and the complexities surrounding the operation of the rank within Barnstaple Town centre.

RECOMMENDED:

(a) that the Executive make no change to the Council’s Hackney Carriage Fare Tariff at the current time;

(b) that paragraph 4.4.1 of the Council’s Hackney Carriage and Private Hire Licensing Policy be amended to read:

‘Hackney carriage tariffs will be reviewed taking into account the cost of fuel and other expenses. Any requests for review of tariffs will be referred to a meeting of the Licensing Committee. The Committee will meet on an annual basis to review the hackney carriage tariff with the provision for an additional review within the 12 month period as required to be agreed in consultation between the Chairman and the Licensing Service Lead’.

RESOLVED, the Committee considered the representation received in respect of the Council’s hackney carriage tariff.

42. LICENSING SUB-COMMITTEE.

RESOLVED, that the minutes of the following Licensing Sub-Committee (circulated previously) be approved as a correct record and signed by the Chairman of the Sub- Committee:

(a) Licensing Sub-Committee A: 17th December 2018.

43. LICENSING COMMITTEE WORK PROGRAMME 2018/19.

The Committee considered the work programme (circulated previously).

RESOLVED, that the work programme be noted.

Chairman The meeting ended at 11.02 am

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Page 258 Agenda Item 16c Personnel Committee - 26 February 2019

NORTH DEVON COUNCIL

Minutes of a meeting of Personnel Committee held at Exmoor Room - Brynsworthy Environment Centre on Tuesday, 26th February, 2019 at 1.00 pm

PRESENT: Members:

Councillor Campbell (Chairman)

Councillors Mathews, Barker, Croft, Gubb, Haywood and Wilkinson

Officers:

Chief Executive (present for minutes 1 to 4), Head of Environmental Health and Housing (present for minutes 1 to 4) and HR Manager

Also Present:

Councillor Brailey (present for minutes 4 to 5)

1. APOLOGIES FOR ABSENCE

No apologies for absence were received.

2. DECLARATION OF INTERESTS

No declarations of interests were made.

3. TO AGREE THE AGENDA BETWEEN PART 'A' AND PART 'B' (CONFIDENTIAL RESTRICTED INFORMATION)

RESOLVED:

(a) That, under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following items as it involved the likely disclosure of exempt information as defined by Paragraph 1 of Schedule 12A of the Act (as amended from time to time), namely information relating to any individual.

(b) That all documents and reports relating to the items be confirmed as “Not for Publication”.

4. EARLY RETIREMENT.

The Committee considered a report by the Chief Executive (circulated previously) regarding a request for Early Retirement.

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The Chief Executive advised that the request for early retirement was from a member of staff (Personal ID 0288). He confirmed that this application would enable a tier of management to be removed from Environmental Health and Housing. This level originally consisted of four posts. Following changes to the staffing in this tier, the retirement of this member of staff (ID 0288) (if approved), would result in one member of staff in this tier remaining. The remaining member of staff would then be given the opportunity to remain at middle management level following the re- organisation.

The Head of Environmental Health and Housing addressed the Committee. He advised that the removal of this tier would result in a structure which would enable the redirection of resources to front line level, where need was greater.

The approval of this early retirement would create some opportunities and increase resources at the operational level.

RESOLVED that the request for early retirement in relation to employee Personal ID 0288 be approved.

5. EARLY RETIREMENT

The Committee considered a report by the Human Resources Manager (circulated previously) regarding a request for Early Retirement.

The Committee noted that the request for early retirement could only be approved on a cost neutral or cost saving basis.

The Human Resources Manager advised that the request for early retirement was from a member of staff (Personal ID 10425). She also advised the Committee that a Cross Party Working Group had met to consider the three options available to the Authority, as set out in the report. The Group had considered the options and had unanimously agreed that they recommended that option 2.3 be approved. Option 2.3 would approve the early retirement but replace on an internal basis with an alternative structure.

The Committee discussed the three options available and the effects of the change to the management structure and discussed the costs, savings and payback period as outlined in section 6 of the report in relation to the 2.3 option.

The Leader addressed the Committee and reiterated that the Cross Party Group had unanimously agreed with the approval of the early retirement under option 2.3. He confirmed that the Authority had a wealth of good candidates within SMT.

RECOMMENDED that the request for early retirement in relation to employee Personal ID 10425 be approved by Full Council.

Chairman The meeting ended at 1.27 pm

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