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, 16TH JANUARY, 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 21st November 2018 (attached). (Pages 1 - 14)

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 15 - 24) (NOTE: Minutes of the meeting of the Executive held on 3rd December 2018 (attached)). (NOTE: Please refer to Guidance Notes for Rules of Debate at meetings of Council on page 5 of the agenda front pages.)

(a) Executive Leader Report (Pages 25 - 26) 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 the Executive (Pages 27 - 28) To consider the recommendations of the Executive (attached).

(i) 3rd December 2018

(A) Minute 80 (b) and (c): Tarka Tennis Centre Artificial Grass Pitch. (B) Minute 83 (d): The Acquisition of the Sub Lease Interest at Plot 1, Seven Brethren Bank, Barnstaple.

11. Treasury Management Strategy Statement and Annual Investment Strategy - Mid Year Review Report 2018/19 (Pages 29 - 44) (NOTE: A copy of the report that was considered by the Executive on the 3rd December 2018 is attached).

(a) Report of meeting of the Overview and Scrutiny Committee. To receive the report of the meeting of the Overview and Scrutiny Committee held on 10th January 2019 (to follow).

(b) Report of meeting of the Executive (Pages 45 - 46) To receive the report of the meeting of the Executive held on 3rd December 2018 (attached).

12. North Devon District UK Parliamentary/Local Government Polling District and Polling Places Review (Pages 47 - 58) Report by Electoral Services Manager (attached).

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13. DEFRA/Natural England Landscape Pioneer Update Presentation by Jo Traill Thomson, Landscape Pioneer and Local Natural Capital Plans, DEFRA.

14. Council Tax Base 2019/20 (Pages 59 - 62) Report by Head of Resources (attached).

15. Pannier Market Public Spaces Protection Order (Pages 63 - 82) Report by CCTV, Town Centre and Pannier Market Manager (attached).

16. Heart of the South West Joint Committee (Pages 83 - 88) Report by Head of Corporate and Community (attached).

17. Urgent Decisions taken during the period 13th November 2018 to 7th January 2019. To note that no urgent decisions have been taken during this period.

18. Report of Chairman of Overview and Scrutiny Committee (Pages 89 - 90) Report by Chairman of Overview and Scrutiny Committee (attached).

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

(a) Licensing Committee (Pages 91 - 96) (i) 4th December 2018

(b) Ilfracombe Harbour Board (Pages 97 - 100) (i) 13th November 2018

(c) Overview and Scrutiny Committee (i) 10th January 2019 (to follow)

(d) Planning Committee (Pages 101 - 108) (i) 14th November 2018

(ii) 12th December 2018

PART B (CONFIDENTIAL RESTRICTED INFORMATION) Nil.

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

Date Not Specified

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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: 21st November 2018

NORTH DEVON COUNCIL

Minutes of a meeting of NORTH DEVON COUNCIL held at Brynsworthy Environment Centre, Barnstaple on Wednesday 21st November 2018 at 6.00 p.m.

PRESENT: Members:

Councillor Moore (Chair)

Councillors Barker, Biederman, Bonds, Bradford, Brailey, J. Cann, R. Cann, Chesters, Chugg, Croft, Davis, Edgell, Edmunds, Fowler, Greenslade, Gubb, Hunt, Jones, Lane, Leaver, Lovering, Luggar, Mackie, Manuel, Mathews, Meadlarkin, Moores, Patrinos, Prowse, Tucker, Wilkinson, Worden and Yabsley.

Officers:

Chief Executive, Head of Resources, Head of Corporate and Community and Senior Corporate and Community Services Officer (BT).

49 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Campbell, Flynn, Haywood, Ley, Roome, Spear and Webber.

50 MINUTES

RESOLVED that the minutes of the meetings held on 26th September 2018 and 29th October 2018 (circulated previously) be approved as correct records and signed by the Chairman.

51 CHAIRMAN’S ANNOUNCEMENTS

The Chairman thanked the Leader of the Council for the flowers received on behalf of the Council in recognition of his and his wife’s 60th wedding anniversary and thanked Councillor Biederman for covering his duties whilst he recovered from a recent operation.

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

(a) To consider the following question received from Ms Jane Faust to Councillor Brailey

Council received the following question from Ms Jane Faust:

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“NDC is not following the government Inspectors' Conditions for measuring and assessing the noise levels from the wind turbines at Batsworthy Cross. Subsequently, to establish why this process is failing, a member of the Overview & Scrutiny Committee referred this matter to the Overview and Scrutiny Committee. However the Chair of the Overview and Scrutiny Committee says that "as this is clearly a planning matter it can not be a matter for the O&S Committee."

However, the following reasons, supported with referenced evidence to the legislation below, show this matter can be referred to the OSC, Overview and Scrutiny Committee:

1) The OSC can investigate the discharge of any local authority function; and this case is about a failure to deliver a service. 2) While there are exclusions on referrals, (for example, on matters relating to planning), these do not apply if, as in this case, the referrer is a member of the OSC. 3) Regardless, even if the referrer was not a member of the OSC, the exclusions do not apply, if as in this case, there is allegation of a failure to discharge a service.

In light of these evidenced findings, to ensure the Overview and Scrutiny Committee is not prevented from acting in line with its duties, the Leader of the Council is asked please, (using reasons directly referenced in the pertinent numbered legislation), whether the Overview and Scrutiny Committee Chair's stance complies with the Overview and Scrutiny legislation, in other words, whether allegations of NDC's failure to deliver a service, can in fact be referred to the Overview and Scrutiny Committee?”

In response to the question, the Leader advised “The question that has been raised now appears to be requesting that Overview and Scrutiny look at an issue that is wider than that covered by the original request made by Councillor Ley. On that basis, I will speak with the Chair of Overview and Scrutiny and ask him to speak with Councillor Ley about calling your question to Overview and Scrutiny.” A copy of the response was tabled.

Ms Jane Faust asked a supplementary question requesting confirmation that their concerns will go to Overview and Scrutiny as North Devon Council was not delivering conditions that the Government determine necessary.

In response to the supplementary question, the Leader advised that he would ask the Chair of Overview and Scrutiny to review this with Councillor Ley and the Committee would look at all aspects.

Councillor Patrinos, Chair of Overview and Scrutiny Committee advised that he would speak with Councillor Ley and then consider when and how it would be considered by the Committee.

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(b)To consider the following question received from Mrs Helen Walker

Council received the following question from Mrs Helen Walker to Councillor Yabsley:

“The roads, schools and services in Bickington and Fremington are already under pressure as a result of recent housing development west of Barnstaple. Can the Council reassure residents that any new house building as a result of the Garden Town initiative will not increase pressure on our infrastructure? Can they assure us that development will not be located in Roundswell, Bickington, Fremington or Instow? How will the council ensure that there is the infrastructure to support any such development in the Barnstaple area, both in the required local services and employment generation to support both families wishing to remain in the Barnstaple area and people wanting to relocate here? I am asking this question as the parent of young adults who would like to remain in the area they grew up in, but are finding the employment opportunities limited and low paid and housing expensive”.

In response to the question, Councillor Yabsley advised “The objective of the Garden Town proposal is to allow the public sector to take more control of future development in terms of infrastructure provision, quality and how it links into the rest of the town. Barnstaple has grown significantly over the years, as have all towns, but not had the ability to shape the future as we will have, should we become a Garden Town. This is because we will be planning for the longer term, will be seeking to address infrastructure issues early in the development process and will take a more active role, with Government and other partners, in ensuring that development is the right place and of high standard.

The current Local Plan runs up to 2031 and allocates significant new housing, employment and retail development in Barnstaple. The Garden Town proposal will give the Council and partners more tools, and funding, to be able to better plan the detail of these developments and ensure that they integrate better with the whole town. Some of these initiatives, such as better provision for pedestrians and cyclists, will be delivered across the whole town.

There is additional development included within the Garden Town submission but this is because we are looking beyond the Local Plan period when we would in any case be looking for further growth to meet the need at that time. Through the bid we are endeavouring to get in advance of the discussions to come in the Local Plan cycle about new development in the long term and start working on infrastructure requirements now, so that they are in place in good time and fit for purpose.

It is a requirement of the Garden Communities programme that submissions show not only how new housing growth will be developed in the best possible way but also that community facilities are catered for and that places are balanced through the provision of employment, leisure and education opportunities. The programme requires applicants to look at the whole town in a comprehensive way that has rarely been done since the original idea of garden towns 100 years ago. In terms of housing we aim to get the right mix of tenure, size and location that meets people’s

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needs and along with suitable employment opportunities provide a future in the town for young people. We have a growing proportion of older people in the population and whilst we aim to plan better for their needs we also want to have the right type of affordable and good quality housing and employment opportunities that will not only help retain our young people but make Barnstaple and North Devon a place that young people and young families want to come to, benefiting from the great quality of life offered.

We are already working on supporting new businesses and helping existing companies to grow and today launched a Digital Strategy for Northern Devon. Just one example of how we are working actively to establish new modern businesses that utilise technology and provide well paid work in the local area.

Development and change presents challenges but we aim through the Garden Town to engage with communities on the longer term future of the town. This bid has some answers but is an ‘expression of interest’, designed to start a discussion with communities in the area, other public sector agencies, business and with central government on the long term future and how we can transform the town to be the best place it can be.” A copy of the response was tabled.

Mrs Helen Walker asked a supplementary question to Councillor Yabsley that “will you make sure that the part of any Garden Town in Barnstaple will ensure that Roundswell, Bickington, Fremington and Instow develop in their own right?”.

In response, Councillor Yabsley reassured Mrs Walker that those communities would retain their independence and the Council would seek opportunities for employment where possible.

53 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 Tucker that “This Council regards the decision to close Appledore Ship Yard as a hammer blow to the economy of Northern Devon and calls on the Government and Babcock’s to investigate ways to see if this decision can be changed. Furthermore this council requests that the Government reverses its decision to close RMB Chivenor and instead looks to enhance its capacity by bringing 45 Commando from Scotland and 40 Commando from Norton Manor, Taunton to North Devon. The closure of both Appledore Ship Yard and RMB Chivenor would have a devastating impact on businesses, schools and public services and this council calls on the Government to face up to their responsibilities toward areas like North Devon where wages are already low and many residents are struggling financially.”

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Councillor Brailey advised that “this Council was extremely sorry to see Babcock Marine close the ship yard at Appledore. As you no doubt know both the local MP’s Geoffrey Cox MP and Peter Heaton-Jones MP were heavily involved once the closure notice was notified by Babcock. You will understand this was a commercial decision that was outside of the remit of this council, however, I did have discussions with the Leader of Torridge Council and offered any support that we might be able to render. Mr Tim Jones is arranging discussions with the LEP and a task group will be set up which will include officers from this council. The objective is to look at how best we can help support both staff and suppliers of Appledore Shipyard. The Unions are also in discussion with the employers Babcock. Once I know more I will advise Councillors. With reference to RMB Chivenor our MP Peter Heaton-Jones is busy lobbying on our behalf. We have worked closely together to lobby government Peter has arranged a meeting with The Secretary of State for Defence Gavin Williamson MP to lobby him further. I will ask the Government to explain what the situation is for RMB Chivenor. However, as you may know no final decision has yet been taken.” A copy of the response was tabled.

RESOLVED that this Council regards the decision to close Appledore Ship Yard as a hammer blow to the economy of Northern Devon and calls on the Government and Babcock’s to investigate ways to see if this decision can be changed. Furthermore this council requests that the Government reverses its decision to close RMB Chivenor and instead looks to enhance its capacity by bringing 45 Commando from Scotland and 40 Commando from Norton Manor, Taunton to North Devon. The closure of both Appledore Ship Yard and RMB Chivenor would have a devastating impact on businesses, schools and public services and this council calls on the Government to face up to their responsibilities toward areas like North Devon where wages are already low and many residents are struggling financially.

(b) To consider the following notice of motion from Councillor Leaver

Councillor Leaver presented her notice of motion to Council.

It was moved by Councillor Leaver and seconded by Councillor Worden that “In the light of the recent report from the Citizens Advice Bureau (CAB) for North Devon into its work over the last six months, this Council re-affirms its support for the CAB and commits to on-going financial support for its work with the most vulnerable in North Devon’s communities, and in particular during the early years of the introduction of Universal Credit in North Devon.”

Councillor Brailey advised that “I met only yesterday with Vicki Rowe CAB manager and discussed how best we can help in the future. The Citizens Advice Bureau are a very important organisation that helps our residents in North Devon. I can reaffirm our commitment to help and support them in the best way we can. We understand what an excellent job they do in these very difficult times. As do many of our voluntary services.” A copy of the response was tabled.

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The Chief Executive advised that the notice of motion could not commit the Council’s future level of funding to the Citizens Advice Bureau (in advance of detailed consideration of the budget).

RESOLVED that in the light of the recent report from the Citizens Advice Bureau (CAB) for North Devon into its work over the last six months, this Council re-affirms its support for the CAB and commits to on-going financial support for its work with the most vulnerable in North Devon’s communities, and in particular during the early years of the introduction of Universal Credit in North Devon.

54 DECLARATIONS OF INTEREST

There were no declarations of interest announced.

55 CHAIRMAN’S REPLIES TO ANY QUESTIONS TO COUNCIL BY MEMBERS SUBMITTED UNDER PART 4, COUNCIL PROCEDURE RULES, PARAGRAPH 10 OF THE CONSTITUTION

(a) To consider the following question from Councillor Manuel to the Leader

Council received the following question from Councillor Manuel to the Leader:

“I am concerned that there still seems to be difficulties with getting appropriate responses incorporated in press releases. Could the Leader tell me what has happened to the promised review of the press protocol. Is there likely to be something happening on this soon and will any review include input from the Ethics Committee?”

In response to the question, the Leader advised “You are right that a request was made to review the communications protocol but unfortunately due to other issues, this has not yet progressed. You will appreciate we are working with a protocol that was produced by your Group in the past and we have tried to stay closely with this. I appreciate that on occasions it has not been possible, for a variety of reasons, to include quotes from relevant Councillors but the normal position is that a quote will be sought from a ward member where ward issues are involved. I understand that you have concerns about not being quoted on one recent press release but also understand that efforts were made to contact you before a press deadline but you were on holiday. A decision was made to go ahead with the press release in any event as there was an important message to get out to the public regarding the closure of a play park you will appreciate that often there are deadlines which require a fast response. I will ask the governance working party to take a look at the protocol as this is already in being. However, your question on the Ethics committee’s involvement I am advised they the Committee’s terms of reference do not include considering such matters.” A copy of the response was tabled.

Councillor Manuel asked a supplementary question to the Leader as to why the protocol had not been reviewed since the previous administration and advised that

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even though she had been away she had been contactable and could have provided a quote for the press release referred to.

In response, the Leader confirmed that the response tabled was accurate as far as he was aware. The decision had been made to issue the press release as officers had been unable to contact Councillor Manuel for a comment. The Governance working group would consider the review of the protocol.

The Chief Executive confirmed that in accordance with the Constitution, only one supplementary question could be asked and answered and there could be no debate or comment made.

56 EXECUTIVE REPORTS

(a) Executive Leader Report

Council noted a report by the Leader of the Council (circulated previously) regarding the work of the Executive.

The Leader reported that in response to minute 31 (a) of the meeting of Council held on 26th September 2018, he had written a letter to Rt Hon James Brokenshire MP, Secretary of State for Housing, Communities and for Local Government. A copy of the letter to the Rt Hon James Brokenshire MP together with a response were tabled.

(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 meeting and responses provided by the Leader were tabled:

(i) Question to Councillor Brailey from Councillor Tucker “At Full Council in April 2018, I asked the question regarding my concerns at the seven vacancies in the Planning and Enforcement dept. I was assured by the Leader, and Chief Executive everything was under control in this dept, and service would continue as normal. It has been brought to my attention recently the enforcement section are taking up to four months for a first time visit , and some Planning Officers are highly overworked causing long delays in answering correspondence. Please could you confirm when we will get back to normal service.” Councillor Brailey’s response “Councillor Tucker thank you for your question, in my reply in on the 4th of April 2018 the process of

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recruiting was listed. At no time did I use the word assurance, mainly because one can never be sure how recruitment will go. However, both development management and enforcement teams are now fully staffed and working on the backlog. It should be noted that the last of the planning officer posts was only filled a few months ago and that the officers who have joined the Enforcement Team are undergoing training as they work. Enforcement Officers are prioritising both existing outstanding cases as well as new work coming in. If particular cases are brought to the Team’s attention that require looking at earlier they will ensure these are given priority. It is difficult to answer your question on when we will get back to normal service, however, the Enforcement Team are aiming to have dealt with the backlog of visits by the end of the year, after which time they will normally be undertaken within 21 days of a complaint requiring a visit being received. A new planning software package is being installed which alongside process improvements partly enabled by the new IT will reduce some of the workload on planning officers, however, to start with this is placing an additional demand on planning officers time, as is enforcement work.” Councillor Tucker asked Councillor Brailey a supplementary question “would the Leader in future ensure that when key officers retired that processes were put in place for a replacement rather than wait several weeks after the person had left to place an advertisement?” Councillor Brailey confirmed that the response provided had been in consultation with the new Head of Place. The Chief Executive advised Council that the delay in the replacement of the post had not occurred due to problems with recruitment. An internal appointment had been made, however internal issues had arisen which resulted in the internal appointment not being made. The post then had to be advertised.

(ii) Question to Councillor Brailey from Councillor Leaver “What is the Leader’s response to the recent report from the IPCC (Inter-governmental Panel on Climate Change) and would he agree that there is now an urgent need to set up a cross party committee to look at how the Council can take action to reduce emissions in North Devon, to encourage the use of green energy and investment, and to support biodiversity and natural capital net gains through developing and adopting relevant policies and procedures?” Councillor Brailey’s response “As an authority we have been active in monitoring air pollution levels in strategic areas and we are working closely with DCC to implement measures to reduce emission levels. NDC has sponsored the promotion of an area

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of research into tidal generation off of Foreland Point Lynmouth to take advantage of some of the highest tidal flows in the world. Through our Economic Generation Team we have been encouraging the introduction of electric vehicle charging points in the area and are investigating the possibility of installing electric points in some of NDC car parks. Our introduction of a separate food waste collection has enabled us to work with DCC to divert the waste to an Anaerobic Digestion plant to create energy. We have had a prominent role in setting up a North Devon Plastic Free consortium. Our recycling rates are improving and within months the materials we cannot recycle will be diverted to a waste to energy plant virtually eliminating our residue waste going to landfill. As an authority the protection of the environment and our natural assets are regarded as critical for the wellbeing of our area and its communities and we will continue pursue measures to enhance and protect them.” Councillor Leaver asked Councillor Brailey a supplementary question “are you content that the Council is doing everything that it can to meet the challenging IPPC report and whether there was any scope to work with partners and undertake a cross party approach to this?” Councillor Brailey advised that the Council had been very active and that Councillor Rodney Cann had been leading on this work on behalf of the Council and would continue to do so within the financial constraints of the Council. He advised that he would discuss with Councillor R. Cann the possibility of setting up a working group under his portfolio.

(iii) Question to Councillor Brailey from Councillor Leaver “It was good to see the tremendous response of the public to the commemoration of one hundred years since the cessation of hostilities in Europe at the end of the First World War. Some Councils have taken the step of recognising the sacrifice made by local communities at a very local level by commemorating those who gave their lives during WW1 by putting up signs on every street noting the name, date of death and house number where that resident lived. Would the Council in the future consider marking the loss of local lives in conflicts around the world in this way, for example in 2019 which will be the 80th anniversary of the commencement of WW2?” Councillor Brailey’s response “Councillor Leaver thank you for your question. As a former member of Her Majesty’s Royal Air Force, having served for 39 years, I was both pleased and proud to see so many people turn out for the Children’s Remembrance and also for the main Remembrance Day parade on Sunday 11th

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November 2018 in Barnstaple. I wrote to congratulate the Mayor on the towns arrangements which I thought were outstanding. I would also like to applaud all the towns and parishes who commemorated this special occasion. It is extremely important that we do not forget the sacrifice that our servicemen and women have given so that we may enjoy freedom. However, your suggestion about signs I think should be initially addressed to the Town and Parish Councils of our area who might wish to undertake such a task.” Councillor Leaver asked Councillor Brailey a supplementary question “can the signs be co-ordinated so that there was a North Devon approach?” Councillor Brailey advised that a note for Parish and Town Councils would be included on the Weekly Information Sheet.

(iv) Question to Councillor Brailey from Councillor Greenslade “Can the Leader please say what steps he and the Administration of NDC took to try and support the campaign to keep Appledore Shipyard open and in light of the outrageous decision by Babcock to close the yard what steps is he and his colleagues taking to try and address the damage the closure will do to the Economy of northern Devon and also what is being done to fight the corner to retain RMB Chivenor as a military base?” Councillor Brailey’s response “Councillor Greenslade thank your question. This Council is extremely saddened by the decision to close Appledore Ship Yard. As you will no doubt know both the local MP’s were involved once they were notified of impending closure of the shipyard by Babcock Marine. You will understand this was a commercial decision, this is outside the remit of this Council, however, I did have discussions with the Leader of Torridge and offered any support that we might be able to render. Mr Tim Jones is arranging discussions with the LEP and a task group will be set up which will include both Councils to look at a way forward, officers from this Council will be attending. The Unions are talking with the employers Babcock. I will advise on the outcome of any discussions once I know more. With reference to RMB Chivenor our MP Peter Heaton-Jones is busy lobbying on our behalf and has arranged to meet the Secretary of State Gavin Williamson MP to lobby him further this week.” Councillor Greenslade asked Councillor Brailey a supplementary question “why had the Council not advised the public and employees of the work that the Council had undertaken?” Councillor Brailey advised that in relation to Chivenor he had written to the Minister on three occasions and also lobbied and had regular dialogue with Peter Heaton-Jones MP.

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(d) Recommendations of Executive

Council considered the recommendations of the Executive held on 5th November 2019 (circulated previously).

It was moved by Councillor Croft and seconded by Councillor Edgell “that minutes 67 (c), 71 and 72 of the meeting of the Executive held on 5th November 2018 be adopted”.

RESOLVED that minutes 67 (c), 71 and 72 of the meeting of the Executive held on 5th November 2018 be adopted”.

57 PERFORMANCE AND FINANCIAL MANAGEMENT QUARTER 1 FOR 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 Performance and Financial Management for Quarter 1 of 2018/19 (circulated previously).

(b) Report of Meeting of the Executive

Councillor Brailey reported the recommendations of the Executive on the Performance and Financial Management for Quarter 1 of 2018/19 (circulated previously).

It was moved by Councillor Lane and seconded by Councillor Jones “that the recommendation in minute 51 (f) of the meeting of the Executive held on 4th September 2018 in relation to the Performance and Financial Management for Quarter 1 of 2018/19 be adopted”.

RESOLVED that the recommendation in minute 51 (f) of the meeting of the Executive held on 4th September 2018 in relation to the Performance and Financial Management for Quarter 1 of 2018/19 be adopted.

58 PERFORMANCE AND FINANCIAL MANAGEMENT QUARTER 2 FOR 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 Performance and Financial Management for Quarter 2 of 2018/19 (tabled).

11 Page 11 Agenda Item 2 Council: 21st November 2018

(b) Report of Meeting of the Executive

Councillor Brailey reported the recommendations of the Executive on the Performance and Financial Management for Quarter 2 of 2018/19 (circulated previously).

It was moved by Councillor Brailey and seconded by Councillor Barker “that the recommendation in minute 68 (f) of the meeting of the Executive held on 5th November 2018 in relation to the Performance and Financial Management for Quarter 2 of 2018/19 be adopted”.

RESOLVED that the recommendation in minute 68 (f) of the meeting of the Executive held on 5th November 2018 in relation to the Performance and Financial Management for Quarter 2 of 2018/19 be adopted.

59 HEART OF THE SOUTH WEST LOCAL ENTERPRISE JOINT SCRUTINY COMMITTEE

Council considered the appointment of one Member to the Heart of the South West Local Enterprise Joint Committee.

It was moved by Councillor Brailey and seconded by Councillor Edmunds “that Councillor Chesters be appointed to the Heart of the South West Local Enterprise Partnership Joint Scrutiny Committee for the remainder of the municipal year 2018/19”.

RESOLVED “that Councillor Chesters be appointed to the Heart of the South West Local Enterprise Partnership Joint Scrutiny Committee for the remainder of the municipal year 2018/19”.

60 APPOINTMENT OF MEMBER TO THE PLANNING COMMITTEE RESERVE LIST FOR SUBSTITUTES 2018/19

Council considered the appointment of an Independent Member to the Planning Committee Reserve List for Substitutes for 2018/19.

It was moved by Councillor Edmunds and seconded by Councillor Prowse “that Councillor Mackie be appointed to the Planning Committee Reserve List for Substitutes 2018/19 for the remainder of the municipal year 2018/19”.

RESOLVED that Councillor Mackie be appointed to the Planning Committee Reserve List for Substitutes 2018/19 for the remainder of the municipal year 2018/19.

12 Page 12 Agenda Item 2 Council: 21st November 2018

61 URGENT DECISIONS TAKEN DURING THE PERIOD 14TH SEPTEMBER 2018 – 12TH NOVEMBER 2018

Council noted the urgent decisions taken during the period 14th September 2018 to 12th November 2018 (circulated previously).

Council noted that the decision taken on 14th August 2018 regarding the “Purchase of Waste Collection Vehicles” had been incorrectly included within the report and had been previously presented to the Council meeting on 26th September 2018.

In response to a question from Councillor Greenslade, Councillor Brailey advised that a briefing for all Members had been arranged regarding the Garden Communities Bid on 7th November 2018. The briefing had been held earlier than the Council meeting as the deadline for the submission of the expression of interest to the Ministry of Housing, Communities and Local Government was 9th November 2018. He advised that if any Member wished to have a separate briefing with the Head of Place, to contact him direct and he would arrange. If the expression of interest was accepted, then a democratic decision would be made at a later date.

62 REPORT OF CHAIRMAN OF OVERVIEW AND SCRUTINY COMMITTEE

Council noted a report of the Chairman of Overview and Scrutiny Committee (circulated previously) regarding the work of the Overview and Scrutiny Committee. He reported on the outcomes of the Overview and Scrutiny Committee meeting held on 15th November 2018 regarding Health Services.

63 MINUTES OF COMMITTEES

(a) Ethics Committee

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

(i) 17th October 2018

(b) Licensing Committee

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

(i) 9th October 2018

(c) Overview and Scrutiny Committee

RESOLVED that the following minutes of the Overview and Scrutiny Committee (circulated previously) be noted and adopted as follows: 13 Page 13 Agenda Item 2 Council: 21st November 2018

(i) 11th October 2018 (ii) 15th November 2018 (tabled)

(d) Planning Committee

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

(i) 12th September 2018 (ii) 10th October 2018

Chairman The meeting ended at 6.49 p.m.

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

14 Page 14 Agenda Item 10 Executive: 3rd December 2018

hNORTH DEVON COUNCIL

Minutes of a meeting of the EXECUTIVE held at the Brynsworthy Environment Centre, Barnstaple on Monday 3rd December 2018 at 10.00 a.m.

PRESENT: Members:

Councillor Brailey (Leader)

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

Officers:

Chief Executive, Head of Resources, Head of Operational Services, Senior Solicitor, Parking Manger, Assistant Estates Officer (HB) and Senior Corporate and Community Services Officer (BT).

Also Present:

Councillors Edmunds, Greenslade, Moore and Tucker.

73 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor Moores.

74 MINUTES

RESOLVED that the minutes of the meeting held on 5th November 2018 (circulated previously) be approved as a correct record and signed by the Chairman subject to Councillor Barker being included in the list of attendees.

75 LEADER’S ANNOUNCEMENTS

(a) Tour of Britain – Award of Best Land Art

The Leader announced that following on from the Tour of Britain the Farmers at South Molton had been awarded first place in the Arts award for the best land art during the tour, beating opposition from Nottingham and Carmarthenshire. He congratulated them for the hard work involved alongside the time and effort which involved a frame of the cycle and tractors be driven in a circle for one and a half hours to simulate the two wheels.

(b) Festive Greetings

The Leader wished everyone a very Happy Christmas as it was the last meeting of the Executive this year.

1 Page 15 Agenda Item 10 Executive: 3rd December 2018

76 DECLARATIONS OF INTEREST

There were no declarations of interest announced.

77 TREASURY MANAGEMENT STRATEGY STATEMENT AND ANNUAL INVESTMENT STRATEGY – MID YEAR REVIEW REPORT 2018/19

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 Treasury Management Strategy Statement and Annual Investment Strategy Mid-Year Review report 2018/19.

The Head of Resources highlighted the following:

 The Council was required through regulations issued under the Local Government Act 2003 to produce a mid-year treasury report reviewing treasury management activities and the prudential and treasury indicators for 2018/19.  The objectives of the Treasury Management Strategy were security and liquidity of money first and then consider yield and return in order to safeguard the Council’s investments.  The capital financing requirement as detailed in paragraph 5.1 of the report had been revised and increased by £600,000 to £4,847,000. The increase had mainly been due to additional capital budget in relation to temporary accommodation approved by Council in February 2018.  The operational boundary for external debt had originally been set at £2m. Due to increase in cash flows within the authority, the Council was only required to borrow £1,250,000; therefore the borrowing costs were lower.  An assumption had been made that all projects within the capital programme for 2017/18 would be completed within that financial year. However, some projects within the capital programme had slipped and not been completed and were therefore carried forward and other projects within the capital programme had been moved back from 2019/20 due to timings for the delivery of projects.  As Chief Financial Officer it was confirmed that no difficulties were envisaged for the current or future years in complying with the prudential indicator.  Any additional borrowing requirements in excess of the current borrowing limit of £10m would be subject to a separate report being presented to the Executive and to Council.  As Chief Financial Officer it was confirmed that the approved limits within the Annual Investment Strategy were not breached during the first six months of 2018/19.  The Council’s budgeted investment return for 2018/19 was £60,000. As at 30th September 2018, £39,972 investment interest was earned in the half year period, which was higher than budgeted.  A new appendix (appendix 2 (a)) had been added to the Treasury Management Policy to deal with non-treasury investments in line with the new CIPFA requirements. This included an approved schedule for non-treasury

2 Page 16 Agenda Item 10 Executive: 3rd December 2018

investments with authorised limits. The acquisition of the sub lease interest at Plot 1, Seven Brethren Bank, Barnstaple to be considered under item 12 on the agenda would be classified as a non-treasury investment. Opportunities for non-treasury investments would be presented to the Executive and full Council as they arose. The approach to risk management was a low risk; non material approach to investment. Any changes to thresholds or limits would require approval by Council. Investments would only be made within the North Devon Council area. The policy set out the roles and parameters; together with authorised limits for category of investment.  No changes were proposed to the main Treasury Management Policy.  The Capital Strategy would be presented to the Executive in February 2019.

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

 That the procurement of houses for the provision of temporary accommodation fell within the Treasury Management Policy as it was providing Council services.  The procurement of the leasehold interest at Gaydon Street, Barnstaple would fall within the Non-Treasury investment policy.

RECOMMENDED

(a) That the changes to the prudential indicators be approved;

(b) That the report and the treasury activity be noted;

(c) That the revised Treasury Management Policy and Practices, contained in Appendix two, be approved.

REASONS FOR RECOMMENDATIONS

(a) This Council is required through regulations issued under the Local Government Act 2003 to produce a mid-year treasury report reviewing treasury management activities and the prudential and treasury indicators for 2018/19. This report meets the requirements of the CIPFA Code of Practice on Treasury Management (revised 2017).

(b) This Council is also required under the Code to give prior scrutiny to the treasury management reports by the Overview and Scrutiny Committee before they are reported to the full Council.

(c) The Treasury Management Policy and Practices have been updated to take account of the following:  CIPFA Code of Practice on Treasury Management 2017  CIPFA Prudential Code 2017

3 Page 17 Agenda Item 10 Executive: 3rd December 2018

 CIPFA Treasury Management in the Public Services Guidance Notes 2018  Statutory investment guidance where it has been updated in 2018  Statutory MRP guidance where it has been updated in 2018

The main objective of the above was to respond to the major expansion of local authority investment activity over the last few years into the purchase of non-financial investments, particularly property.

A new appendix has been added to our treasury management policy to deal with non-treasury investments in line with the new CIPFA requirements.

78 REVIEW OF THE NORTH DEVON (OFF STREET PARKING PLACES) 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 the annual Review of the North Devon (Off Street Parking Places) Order.

The Parking Manager highlighted the following:

 Changes requested by Braunton Parish Council, Combe Martin Parish Council, Instow Parish Council, Lynton and Lynmouth Town Council and South Molton Town Council for inclusion in the amendments to the Off Street Parking Order.  A request had been received from Lynton and Lynmouth Town Council to rename the Cemetery car park to “Upper Valley of the Rocks” car park, which had not been included within the report.  Proposed amendments to the scale of charges and regulations for Off Street parking places within the management control of North Devon Council.

In response to questions, the Parking Manager advised of the following:

 The additional car parks included within the proposed changes to the Barnstaple Long Stay permit were Rolle Quay and the Rugby Club (weekdays only).  Currently the Rolle Quay car park was only used in the main for 1 or 2 hour stays and was 80% empty. It was now proposed to change it to a “medium stay” car park which would enable a cheaper all-day parking option and allow long stay permit holders to park there. This would ensure that the car park was better used and would relieve pressure and increase revenue at Fairview.  In terms of offering free car parking in the lead up to Christmas, late night Christmas shopping took place on Thursdays. Parking was already free of charge after 6.00 pm. Long stay car parks were free of charge on Sundays. The car parks were already at capacity and if they were free of charge there

4 Page 18 Agenda Item 10 Executive: 3rd December 2018

would not be sufficient car parking spaces available to accommodate the additional visitors.  North Devon Council was part of a Devon wide project which had sought European funding for the provision of vehicle charging points. The bid had been submitted for one to be located in Barnstaple, South Molton and Ilfracombe. The outcome of the bid would be known in February 2019. It was anticipated that there would be no cost for the Council for the installation of the charging points, however contingency funding was available for the installation of cabling if required. Visitors using the charging points would also be required to purchase a parking ticket.  The car park at the Rugby Club was under the management of the Rugby Club on Saturdays and Sundays. Mill Road car park was previously free of charge however there had been issues with residents parking. A low fee had been introduced for parking the previous year which had been successful.  The proposed changes would be subject to consultation and the report would be brought back to the Executive for final approval in February 2019.

DECISIONS

(a) That the changes requested by Parishes be accepted and the following amendments be included into the Off Street Parking Order:

(i) Braunton Parish Council

Approve and adopt the charges and regulations for Caen Street and Chaloners Road car parks as described in paragraph 5.1 and shown Appendix 1.

(ii) Combe Martin Parish Council

Approve and adopt the charges and regulations for Combe Martin car parks as described in paragraph 5.2 and shown in Appendices 1, 2 and 3.

(iii) Instow Parish Council

Approve and adopt the charges and regulations for Marine car park as described in paragraph 5.3 and shown in Appendices 1 and 2.

(iv) Lynton & Lynmouth Town Council

Approve and adopt the charges and regulations for Lynton and Lynmouth car parks as described in 5.4 and shown in Appendices 1 and 2.

5 Page 19 Agenda Item 10 Executive: 3rd December 2018

(v) South Molton Town Council Approve and adopt the charges and regulations for East Street, South Molton as described in 5.5 and shown in Appendices 1 and 2.

(b) That the changes to charges and regulations for North Devon Council car parks be accepted and the amendments be included into the Off Street Parking Order as described in paragraph 5.6 and shown in Appendices 1, 2 and 4.

REASONS FOR DECISIONS

To update the Off Street Parking Order to reflect current needs of Parish, Town and District Councils following the annual review.

79 RECYCLE MORE

The Executive received an update by the Head of Operational Services regarding the Recycle More project. He advised that following the operational difficulties experienced in June 2018, the vehicle replacement project had been accelerated and 12 new vehicles had been procured. He advised of the types of vehicles that had been procured. Some of these vehicles had been replaced and a number were additional vehicles to improve resilience. Staff job descriptions had been reviewed and salaries had been re-evaluated accordingly. This had had a positive impact on recruitment. Overtime and the number of missed collections had both reduced. He advised that a bid was currently being prepared to be submitted to the Project Appraisal Group for the replacement of the process hall and equipment. The timetable for collections over the Christmas period had now been published and the waste collection teams would work three consecutive Saturdays during this period. A trial of heavy weight hessian sacks for recycling materials had commenced in Ilfracombe the previous week. The trial would be for six months and would be reviewed after three months. Customers would need to be educated on the types of materials that could be placed in the sacks. An update would be provided to the Executive following the first three months of the trial.

80 TARKA TENNIS CENTRE ARTIFICIAL GRASS PITCH

The Executive considered a report by the Parks, Leisure and Culture Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the allocation of funding towards the cost of delivering an Artificial Grass Pitch at Tarka Tennis Centre.

The Parks, Leisure and Culture Officer highlighted the following:

 In May 2018, the Council had allocated £285,962.47 of capital funding and a £20,000 revenue budget towards the cost of delivering an Artificial Grass Pitch at Tarka Tennis Centre.  The Council had since been awarded £445,423 capital funding from the Premier League and the Football Association Facilities Fund towards the cost of the project.

6 Page 20 Agenda Item 10 Executive: 3rd December 2018

 It was requested that two further section 106 (S106) capital receipts as detailed in paragraph 5.2 of the report that were banked for such a project be allocated to the project to meet the remaining funding shortfall.

In response to a question, the Parks, Leisure and Culture Officer confirmed that the relevant Ward Members had been informed regarding the use of section 106 funds from developments within their ward towards this project.

DECISION

(a) That £48,148.86 of S106 public open space capital funding be allocated, as detailed in paragraph 5.2 of the report;

RECOMMENDED

(b) That Council vary the capital programme by (£55,465.67) as the value of the construction contract was lower than the £850,000 previously approved by Full Council;

(c) That funds of £794,534.33 be released for the project cost.

REASONS FOR DECISION/RECOMMENDATIONS

(a) This is a priority project within the Northern Devon Playing Pitch Strategy 2017 – 2031.

(b) The project helps achieve the aims of the NDC Leisure and Health Strategy.

(c) The addition of the Artificial Grass Pitch will improve the operational viability of North Devon Council’s leisure facilities.

81 COMMUNITIES TOGETHER FUND (CTF) – STRATEGIC FUNDING STREAM

The Executive considered a report by the Senior Corporate and Community Services Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the assessment of funding applications to the Strategic Funding Stream of the Communities Together Fund.

DECISION

That funding be offered as detailed in paragraph 4.7 (a) of the report to the following Voluntary and Community Sector organisations that provide services across a wide area of the North Devon Council area as follows:

Application 005 Martial Arts Hub £6449.51 Application 014 Over and Above £9890.08

7 Page 21 Agenda Item 10 Executive: 3rd December 2018

REASON FOR DECISION

The applications received to the funding stream, have all been assessed against the published criteria in the CTF fund scheme as per appendix 2.

82 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 for the following item on the grounds that the items shown on the copy notice of private meeting attached to the agenda would, if considered in public require the disclosure of exempt information as described in paragraph 3 of Schedule 12A to the Local Government Act 1972 (as amended) noted against each of those items in the table(s) incorporated in the notice;

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

83 THE ACQUISITION OF THE SUB LEASE INTEREST AT PLOT 1, SEVEN BRETHREN BANK, BARNSTAPLE

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 acquisition of the sub lease interest at Plot 1, Seven Brethren Bank, Barnstaple.

A larger copy of the location plan was tabled.

The Head of Resources advised the Executive of the opportunity that had been identified for the Council to invest in its own asset to create added value and the potential for the Council to acquire the sub lease interest at Plot 1, Seven Brethren Bank, Barnstaple.

DECISIONS

(a) That power be delegated to the Head of Resources in consultation with the Lead Members for Assets and Resources to discuss and agree terms with the current tenants of Plot 1b, Seven Brethren and that Ward Members be kept informed;

(b) That approval be given to the purchase of the sublease of Unit 1B, Seven Brethren;

8 Page 22 Agenda Item 10 Executive: 3rd December 2018

(c) That once the lease arrangements have been secured and NDC hold the remaining long sublease interest, Estates proceed to let the property on occupational leases.

RECOMMENDATION

(d) That Council vary the capital programme and that funds be released. This budget Includes purchase price and planned reconfiguration works.

REASONS FOR DECISIONS/RECOMMENDATION

(a) Part B Annexe 4 and referred power as it contains financial sensitive information.

(b) To allocate capital funds to this project and to release value to Council, in terms of the future regeneration uses for the asset.

(c) NDC’s corporate aim is to encourage organisational transformation and growing North Devon. These key objectives are supported by new and additional property income generation. Identifying property vehicles and creating opportunities to support them are key objectives and will promote the Council’s medium term financial plan.

(d) The under-lessees are marketing their remaining 45 year leasehold interest in part of plot 1 Seven Brethren, if we can secure the release of this element of the site at plot 1 from the head-lease, NDC hold the freehold vacant possession of this building, which can then be let and act as an investment and redevelopment opportunity for NDC going forward.

(e) The acquisition and landholding would compliment NDC’s regeneration plans for Seven Brethren.

(f) This would demonstrate the beneficial use of an existing Council asset (The freehold of the site subject to long leasehold interests limiting the current freehold value).

Chairman The meeting ended at 11.24 a.m.

NOTE: The above decisions shall not take effect until the five clear working days have elapsed from the date of publication: 5th December 2018.

9 Page 23 This page is intentionally left blank Agenda Item 10a

NORTH DEVON COUNCIL COUNCIL: 16TH JANUARY 2019 EXECUTIVE LEADER’S REPORT

I first of all would like to wish you all a very Happy New Year. I trust Santa brought you what you desired. I felt it appropriate to try to sum up some of the areas that the Council your Council irrespective of which party or group you belong to. We are all part of the Council and while individual groups may have done things slightly differently in the main we would have come out with a similar set of plans ideas or indeed results.  Plans for an extension to the Tarka Tennis Centre to provide a new 25 metre swimming pool, sports hall and leisure facilities in Barnstaple have been granted outline planning approval.  The Council successfully bid for a £2.2m grant from the Government Land Release Fund which will help to bring forward development of the council owned site at Seven Brethren in Barnstaple. The grant will fund flood mitigation work and contribute to highway improvements.  £1.2m is being invested is providing better temporary accommodation for people and families in crisis.  We saw huge increases in recycling and overwhelming public support in a trial area where three-weekly black bin collections were put in place alongside enhanced recycling services.  Work has begun on the £1.8 million extension to the Museum of Barnstaple and North Devon which will provide 70% more floor space, making room for a new social history gallery, larger shop, café and improved education area.  Work continues on an ambitious programme to support bigger economic growth to provide better careers and infrastructure for future generations.  The joint North Devon and Torridge Local Plan has been adopted, laying out the development blueprint across both districts up to 2031.  The Clear Messages campaign was launched in January and has continued throughout the year. The aim of the campaign is to spread awareness of environmental issues and explain to North Devon residents how they can help to keep North Devon clear of litter, fly-tipping, dog’s mess and abandoned vehicles.  We have prosecuted a number of offenders for fly-tipping.  17 tonnes of rubbish was picked up on the annual link road litter pick.  NDC joined the Plastic Free North Devon consortium which includes external bodies including Surfers Against Sewage, Petroc, Torridge District Council and AONB. The aim is to reduce the amount of single use plastics within our district.  We supported the Tour of Britain cycle race coming through North Devon.  We launched a new ‘safe sleep’ service at the Freedom Centre to provide the homeless with a safe and warm place to sleep throughout the winter months.

Page 25 Agenda Item 10a

 A new contract has been awarded for the operation of North Devon’s theatres. Selladoor Worldwide will be taking over the operation of both the Queen’s and Landmark theatres from January 2019.  A number of play areas have been upgraded this year including Ilfracombe’s Princess Avenue play area which had a £45,000 makeover and Pilton Park which got a £32,000 investment.  A major £250k refurbishment of North Devon Crematorium’s original chapel will begin next month, to significantly improve the facilities for mourners using the Aspen chapel. This is the second major investment in the facilities at the crematorium, following the completion of the new 256 seat Rowan chapel in 2016.  The Amory Centre one stop shop in South Molton celebrated its 10th birthday  Green flags were retained at Bicclescombe Park and the Yeo Valley Woodland.

Des Brailey MBE Leader North Devon Council

Page 26 Agenda Item 10d

NORTH DEVON COUNCIL

COUNCIL: 16TH JANUARY 2019

EXECUTIVE

RECOMMENDATIONS OF THE EXECUTIVE HELD ON 3RD DECEMBER 2018

Minute 80 (b) and (c): Tarka Tennis Centre Artificial Grass Pitch

DECISION

(a) That £48,148.86 of S106 public open space capital funding be allocated, as detailed in paragraph 5.2 of the report;

RECOMMENDED

(b) That Council vary the capital programme by (£55,465.67) as the value of the construction contract was lower than the £850,000 previously approved by Full Council;

(c) That funds of £794,534.33 be released for the project cost.

Minute 83 (d): The Acquisition of the Sub Lease Interest at Plot 1, Seven Brethren Bank, Barnstaple

DECISIONS

(a) That power be delegated to the Head of Resources in consultation with the Lead Members for Assets and Resources to discuss and agree terms with the current tenants of Plot 1b, Seven Brethren and that Ward Members be kept informed;

(b) That approval be given to the purchase of the sublease of Unit 1B, Seven Brethren;

(c) That once the lease arrangements have been secured and NDC hold the remaining long sublease interest, Estates proceed to let the property on occupational leases.

RECOMMENDATION

(d) That Council vary the capital programme and that funds be released. This budget Includes purchase price and planned reconfiguration works.

Page1 27 This page is intentionally left blank Agenda Item 11

Open NORTH DEVON COUNCIL

REPORT TO: EXECUTIVE Date: 3rd December 2018 TOPIC: Treasury Management Strategy Statement and Annual Investment Strategy MID-YEAR REVIEW REPORT 2018/19

REPORT BY: CHIEF FINANCIAL OFFICER

1. INTRODUCTION 1.1 This mid year report has been prepared in compliance with CIPFA’s Code of Practice on Treasury Management, and covers the following:

 An economic update for the first part of the 2018/19 financial year (appendix 1);

 A review of the Treasury Management Strategy Statement and Annual Investment Strategy;

 The Council’s capital expenditure and prudential indicators;

 A review of the Council’s investment portfolio for 2018/19;

 A review of the Council’s borrowing strategy for 2018/19;

 A review of any debt rescheduling undertaken during 2018/19;

 A review of compliance with Treasury and Prudential Limits for 2018/19.

2. RECOMMENDATIONS

The Executive is asked to recommend to full Council that:

2.1 The changes to the prudential indicators be approved. 2.2 The report and the treasury activity be noted. 2.3 The revised Treasury Management Policy and Practices, contained in Appendix two, be approved.

Page 29 Agenda Item 11

3. REASONS FOR RECOMMENDATIONS

3.1 This Council is required through regulations issued under the Local Government Act 2003 to produce a mid year treasury report reviewing treasury management activities and the prudential and treasury indicators for 2018/19. This report meets the requirements of the CIPFA Code of Practice on Treasury Management (revised 2017).

3.2 This Council is also required under the Code to give prior scrutiny to the treasury management reports by the Overview and Scrutiny Committee before they are reported to the full Council.

3.3 The Treasury Management Policy and Practices have been updated to take account of the following:  CIPFA Code of Practice on Treasury Management 2017  CIPFA Prudential Code 2017  CIPFA Treasury Management in the Public Services Guidance Notes 2018  Statutory investment guidance where it has been updated in 2018  Statutory MRP guidance where it has been updated in 2018 The main objective of the above was to respond to the major expansion of local authority investment activity over the last few years into the purchase of non- financial investments, particularly property.

A new appendix has been added to our treasury management policy to deal with non-treasury investments in line with the new CIPFA requirements.

4. CONSTITUTIONAL CONTEXT

Article and Referred or A key In the Forward paragraph delegated decision? Plan? power? Part 4 Delegated No Yes

Financial Procedure Rules (Article 13.8)

Article 4.4

Page 30 Agenda Item 11

5. REPORT

5.1 Treasury Management Strategy Statement and Annual Investment Strategy update The Treasury Management Strategy Statement (TMSS) for 2018/19 was approved by this Council on 21st February 2018. The underlying TMSS approved previously requires revision in the light of economic and operational movements during the year. The proposed changes are set out below:

Prudential Indicator 2018/19 Revised Original Prudential Estimate Indicator £000 £000 Capital financing requirement 4,270 4,847

Section 5.3 of this report gives further information on the Capital Financial Requirement.

5.2 The Council’s Capital Position (Prudential Indicators)

This part of the report is structured to update:

 The Council’s capital expenditure plans;

 How these plans are being financed;

 The impact of the changes in the capital expenditure plans on the prudential indicators and the underlying need to borrow; and

 Compliance with the limits in place for borrowing activity.

Prudential Indicator for Capital Expenditure

This table shows the revised estimates for capital expenditure and the changes since the capital programme was agreed at the budget.

Page 31 Agenda Item 11

Capital Expenditure by Service 2018/19 Current 2018/19 Original Position Revised Estimate 30/09/18 Estimate £000 £000 £000 Economy 1,302 253 2,062 Services 773 116 1,462 Housing 1,346 576 1,932 Statutory and Landlord Functions 173 194 377 Other 1,648 129 1,950 Total 5,242 1,268 7,783

Changes to the Financing of the Capital Programme

The table below draws together the main strategy elements of the capital expenditure plans (above), highlighting the original supported and unsupported elements of the capital programme, and the expected financing arrangements of this capital expenditure. The borrowing element of the table increases the underlying indebtedness of the Council by way of the Capital Financing Requirement (CFR), although this will be reduced in part by revenue charges for the repayment of debt (the Minimum Revenue Provision). This direct borrowing need may also be supplemented by maturing debt and other treasury requirements.

Capital Expenditure 2018/19 2018/19 Original Revised Estimate Estimate £000 £000 Supported 0 0 Unsupported 5,242 7,783 Total spend 5,242 7,783

Financed by:

Capital receipts (870) (1,133)

Capital grants (4,001) (4,895)

Capital reserves (774) (1,413)

Total financing (5,645) (7,441)

Borrowing requirement (403) 342

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5.3 Changes to the Prudential Indicators for the Capital Financing Requirement, External Debt and the Operational Boundary

The table below shows the CFR, which is the underlying external need to incur borrowing for a capital purpose. It also shows the expected debt position over the period. This is termed the Operational Boundary. Prudential Indicator – Capital Financing Requirement

There has been an increase to the forecast Capital Financing Requirement as a result of the changes to the capital programme, in particular the additional capital expenditure in relation to temporary accommodation approved by Full Council in February 2018, as shown in the table below: Prudential Indicator – the Operational Boundary for external debt 2018/19 2018/19

Original Revised Estimate Estimate £000 £000

Prudential Indicator – Capital Financing Requirement Total CFR 4,270 4,847 Movement in CFR from prior (739) (162) year actual Prudential Indicator – the Operational Boundary for external debt Borrowing 2,000 1,250

Other long term liabilities 0 0

Total debt (year-end position) 2,000 1,250

5.4 Limits to Borrowing Activity The first key control over the treasury activity is a prudential indicator to ensure that over the medium term, net borrowing (borrowings less investments) will only be for a capital purpose. Gross external borrowing should not, except in the short term, exceed the total of CFR in the preceding year plus the estimates of any additional CFR for 2018/19 and next two financial years. This allows some flexibility for limited early borrowing for future years. The Council has approved a policy for borrowing in advance of need, which will be adhered to if this proves prudent.

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2018/19 2018/19 Current Original Position Revised

Estimate 30/09/18 Estimate

£000 £000 £000 Gross borrowing 2,000 1,250 1,250 Plus: other long term liabilities 0 0 0 Total debt 2,000 1,250 1,250 CFR (year end position) 4,270 4,847 The Chief Financial Officer reports that no difficulties are envisaged for the current or future years in complying with this prudential indicator. A further prudential indicator controls the overall level of borrowing. This is the Authorised Limit that represents the limit beyond which borrowing is prohibited, and needs to be set and revised by Members. It reflects the level of borrowing which, while not desired, could be afforded in the short term, but is not sustainable in the longer term. It is the expected maximum borrowing need with some headroom for unexpected movements. This is the statutory limit determined under section 3 (1) of the Local Government Act 2003.

Authorised limit for external 2018/19 2018/19

debt Original Revised Indicator Indicator £000 £000 Borrowing 10,000 10,000

Other long term liabilities 500 500

Total 10,500 10,500

5.5 Investment Portfolio 2018/19 Treasury Management Investments

In accordance with the Code, it is the Council’s priority to ensure security of capital and liquidity, and to obtain an appropriate level of return which is consistent with the Council’s risk appetite. As set out in appendix 1, it is a very difficult investment market in terms of earning the level of interest rates commonly seen in previous decades as rates are very low and in line with the current 0.75% Bank Rate. The continuing potential for a re-emergence of a Eurozone sovereign debt crisis, and its impacts on banks, prompts a low risk and short term strategy. Given this risk environment and the fact that increases in Bank Rate are likely to be gradual and unlikely to return to the levels seen in previous decades, investment returns are likely to remain low. The Council held £14.55m of investments as at 30 September 2018 (£9.56m at 31 March 2018) and the investment portfolio yield for the first six months of the year was 0.49% against the benchmark 7 day LIBID of 0.44%. Page 34 Agenda Item 11

Investment Portfolio: Borrower Type of Principal Interest investment / (£m) Rate deposit (30/09/18) Handelsbanken Call account £3.00 0.565% Bank of Scotland Call account £1.75 0.80% Bank of Scotland Call account £0.50 1.00% Lloyds Call account £2.00 0.80% Santander UK Call account £3.00 0.85% NatWest Call account £2.10 0.15% Lloyds Fixed term £0.75 0.85% Barclays Fixed term £0.70 0.529% Barclays Fixed term £0.75 0.41% Total Investments £14.55

The Chief Financial Officer confirms that the approved limits within the Annual Investment Strategy were not breached during the first six months of 2018/19. The Council’s budgeted investment return for 2018/19 is £60,000. As at 30th September 2018 £39,972 investment interest was earned in the half-year period. Investment Counterparty Criteria The current investment counterparty criteria selection approved in the TMSS is meeting the requirement of the treasury management function.

Non-Treasury Management Investments The major changes required by the 2017 Treasury Management and Prudential Codes relate to non-treasury investments in other financial assets and property, primarily for financial return.

As a result of the new requirements a new appendix (appendix 2a) has been added to the Treasury Management Policy appended to this report. This appendix includes an approved schedule for non-treasury investments with authorised limits.

The Council has no plans for material investments in property or other financial assets, but would consider smaller opportunities as they arise within the Council boundary, such as light industrial investment for example Seven Brethren.

Further details will be provided in relation to non-treasury investments as part of the long term Capital Strategy, which will be presented to Executive in February 2019.

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5.6 Borrowing The Council’s capital financing requirement (CFR) for 2018/19 is £4.85m. The CFR denotes the Council’s underlying need to borrow for capital purposes. If the CFR is positive the Council may borrow from the Public Works Loan Board (PWLB), or the market (external borrowing), or from internal balances on a temporary basis (internal borrowing). The balance of external and internal borrowing is generally driven by market conditions. At present, the Council has projected total external borrowing of £1.25m and utilising £3.6m of cash flow funds in lieu of borrowing. This is a prudent and cost effective approach in the current economic climate but will require ongoing monitoring of economic conditions. It is not anticipated that further borrowing will be undertaken during this financial year but that will be dependent on the cash flow position and movements in PWLB rates during the second half of the financial year.

Total Borrowing:

Principal Interest Loan Lender Type Maturity date (£000) Rate period Fixed PWLB £750 2.44% 5.6 years May 2020 interest rate Fixed PWLB £500 1.43% 10 years Aug 2026 interest rate

The graph and table below show the movement in PWLB certainty rates for the first six months of the year to date:

Page 36 Agenda Item 11

PWLB certainty rates 1 April 2018 to 30 September 2018

1 Year 5 Year 10 Year 25 Year 50 Year 3.4.18 1.48% 1.84% 2.22% 2.55% 2.27% 30.9.18 1.55% 1.93% 2.33% 2.74% 2.56% Low 1.28% 1.67% 2.09% 2.50% 2.25% Date 01/06/2018 29/05/2018 20/07/2018 20/07/2018 29/05/2018 High 1.57% 1.99% 2.43% 2.83% 2.64% Date 17/04/2018 25/09/2018 25/04/2018 25/09/2018 25/09/2018 Average 1.46% 1.84% 2.25% 2.64% 2.41%

5.7 Debt Rescheduling No debt rescheduling was undertaken during the first six months of 2018/19.

5.8 Other Issues

Capital Strategy

In December 2017, the Chartered Institute of Public Finance and Accountancy, (CIPFA), issued revised Prudential and Treasury Management Codes. As from 2019/20, all local authorities will be required to prepare a Capital Strategy which is intended to provide the following: -  a high-level overview of how capital expenditure, capital financing and treasury management activity contribute to the provision of services Page 37 Agenda Item 11

 an overview of how the associated risk is managed  the implications for future financial sustainability

A report setting out our Capital Strategy will be presented to the full council in February 2019.

UK banks – ring fencing

The largest UK banks, (those with more than £25bn of retail / Small and Medium-sized Enterprise (SME) deposits), are required, by UK law, to separate core retail banking services from their investment and international banking activities by 1st January 2019. This is known as “ring-fencing”. Whilst smaller banks with less than £25bn in deposits are exempt, they can choose to opt up. Several banks are very close to the threshold already and so may come into scope in the future regardless.

Ring-fencing is a regulatory initiative created in response to the global financial crisis. It mandates the separation of retail and SME deposits from investment banking, in order to improve the resilience and resolvability of banks by changing their structure. In general, simpler, activities offered from within a ring-fenced bank, (RFB), will be focused on lower risk, day-to-day core transactions, whilst more complex and “riskier” activities are required to be housed in a separate entity, a non-ring-fenced bank, (NRFB). This is intended to ensure that an entity’s core activities are not adversely affected by the acts or omissions of other members of its group.

While the structure of the banks included within this process may have changed, the fundamentals of credit assessment have not. The Council will continue to assess the new-formed entities in the same way that it does others and those with sufficiently high ratings, (and any other metrics considered), will be considered for investment purposes.

6. RESOURCE IMPLICATIONS

6.1 As detailed in the report.

7. EQUALITY and HUMAN RIGHTS

7.1 An EINA has not been completed as the purpose of this report is to present the Council’s financial position only.

8. STATEMENT OF INTERNAL ADVICE

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

9. STATEMENT OF CONFIDENTIALITY

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

Page 38 Agenda Item 11

10. BACKGROUND PAPERS

10.1 Background papers will be available for inspection and will be kept by the author of the report.

Executive Member: Councillor R Edgell & Councillor G Lane Author: Jon Triggs, Head of Resources Date: 14th November 2018 Reference: T:\Technical\Adam\Treasury Management\ TM Mid Year Report 2018_19.doc

Page 39 Agenda Item 11

APPENDIX 1: ECONOMICS AND INTEREST RATES

1) Economic Update UK. The first half of 2018/19 has seen UK economic growth post a modest performance, but sufficiently robust for the Monetary Policy Committee, (MPC), to unanimously (9-0) vote to increase Bank Rate on 2nd August from 0.5% to 0.75%. Although growth looks as if it will only be modest at around 1.5% in 2018, the Bank of England’s August Quarterly Inflation Report forecast that growth will pick up to 1.8% in 2019, albeit there were several caveats – mainly related to whether or not the UK achieves an orderly withdrawal from the European Union in March 2019.

Some MPC members have expressed concerns about a build-up of inflationary pressures, particularly with the pound falling in value again against both the US dollar and the Euro. The Consumer Price Index (CPI) measure of inflation rose unexpectedly from 2.4% in June to 2.7% in August due to increases in volatile components, but is expected to fall back to the 2% inflation target over the next two years given a scenario of minimal increases in Bank Rate. The MPC has indicated Bank Rate would need to be in the region of 1.5% by March 2021 for inflation to stay on track. Financial markets are currently pricing in the next increase in Bank Rate for the second half of 2019.

As for the labour market, unemployment has continued at a 43 year low of 4% on the Independent Labour Organisation measure. A combination of job vacancies hitting an all-time high in July, together with negligible growth in total employment numbers, indicates that employers are now having major difficulties filling job vacancies with suitable staff. It was therefore unsurprising that wage inflation picked up to 2.9%, (3 month average regular pay, excluding bonuses) and to a one month figure in July of 3.1%. This meant that in real terms, (i.e. wage rates higher than CPI inflation), earnings grew by about 0.4%, near to the joint high of 0.5% since 2009. (The previous high point was in July 2015.) Given the UK economy is very much services sector driven, an increase in household spending power is likely to feed through into providing some support to the overall rate of economic growth in the coming months. This tends to confirm that the MPC were right to start on a cautious increase in Bank Rate in August as it views wage inflation in excess of 3% as increasing inflationary pressures within the UK economy. However, the MPC will need to tread cautiously before increasing Bank Rate again, especially given all the uncertainties around Brexit.

In the political arena, there is a risk that the current Conservative minority government may be unable to muster a majority in the Commons over Brexit. However, our central position is that Prime Minister May’s government will endure, despite various setbacks, along the route to Brexit in March 2019. If, however, the UK faces a general election in the next 12 months, this could result in a potential loosening of monetary policy and therefore medium to longer dated gilt yields could rise on the expectation of a weak pound and concerns around inflation picking up.

USA. President Trump’s massive easing of fiscal policy is fuelling a (temporary) boost in consumption which has generated an upturn in the rate of strong growth which rose from 2.2%, (annualised rate), in quarter 1 to 4.2% in quarter 2, but also an upturn in inflationary pressures. With inflation moving towards 3%, the Fed increased rates another 0.25% in September to between 2.00% and 2.25%, this being four increases in 2018, and indicated they expected to increase rates four more times by the end of 2019. Page 40 Agenda Item 11

The dilemma, however, is what to do when the temporary boost to consumption wanes, particularly as the recent imposition of tariffs on a number of countries’ exports to the US, (China in particular), could see a switch to US production of some of those goods, but at higher prices. Such a scenario would invariably make any easing of monetary policy harder for the Fed in the second half of 2019.

EUROZONE. Growth was unchanged at 0.4% in quarter 2, but has undershot early forecasts for a stronger economic performance in 2018. In particular, data from Germany has been mixed and it could be negatively impacted by US tariffs on a significant part of manufacturing exports e.g. cars. For that reason, although growth is still expected to be in the region of 2% for 2018, the horizon is less clear than it seemed just a short while ago.

CHINA. Economic growth has been weakening over successive years, despite repeated rounds of central bank stimulus; medium term risks are increasing. Major progress still needs to be made to eliminate excess industrial capacity and the stock of unsold property, and to address the level of non-performing loans in the banking and credit systems.

JAPAN - has been struggling to stimulate consistent significant GDP growth and to get inflation up to its target of 2%, despite huge monetary and fiscal stimulus. It is also making little progress on fundamental reform of the economy.

2) Interest rate forecasts The Council’s treasury advisor, Link Asset Services, has provided the following forecast:

The flow of generally positive economic statistics after the end of the quarter ended 30 June meant that it came as no surprise that the MPC came to a decision on 2 August to make the first increase in Bank Rate above 0.5% since the financial crash, to 0.75%. However, the MPC emphasised again, that future Bank Rate increases would be gradual and would rise to a much lower equilibrium rate, (where monetary policy is neither expansionary of contractionary), than before the crash; indeed they gave a figure for this of around 2.5% in ten years’ time but they declined to give a medium term forecast. We do not think that the MPC will increase Bank Rate in February 2019, ahead of the deadline in March for Brexit. We also feel that the MPC is more likely to wait until August 2019, than May 2019, before the next increase, to be followed by further increases of 0.25% in May and November 2020 to reach 1.5%. However, the cautious pace of even these limited increases is dependent on a reasonably orderly Brexit. Page 41 Agenda Item 11

The balance of risks to the UK  The overall balance of risks to economic growth in the UK is probably neutral.  The balance of risks to increases in Bank Rate and shorter term PWLB rates, are probably also even and are broadly dependent on how strong GDP growth turns out, how slowly inflation pressures subside, and how quickly the Brexit negotiations move forward positively.

Downside risks to current forecasts for UK gilt yields and PWLB rates currently include:  Bank of England monetary policy takes action too quickly over the next three years to raise Bank Rate and causes UK economic growth, and increases in inflation, to be weaker than we currently anticipate.  A resurgence of the Eurozone sovereign debt crisis, possibly Italy, due to its high level of government debt, low rate of economic growth and vulnerable banking system, and due to the election in March of a government which has made a lot of anti-austerity noise. This is likely to lead to friction with the EU when setting the target for the fiscal deficit in the national budget. Unsurprisingly, investors have taken a dim view of this and so Italian bond yields have been rising.  Austria, the Czech Republic and Hungary now form a strongly anti-immigration bloc within the EU while Italy, this year, has also elected a strongly anti- immigration government. In the German general election of September 2017, Angela Merkel’s CDU party was left in a vulnerable minority position as a result of the rise of the anti-immigration AfD party. To compound this, the result of the Swedish general election in September 2018 has left an anti-immigration party potentially holding the balance of power in forming a coalition government. The challenges from these political developments could put considerable pressure on the cohesion of the EU and could spill over into impacting the euro, EU financial policy and financial markets.  The imposition of trade tariffs by President Trump could negatively impact world growth. President Trump’s specific actions against Turkey pose a particular risk to its economy which could, in turn, negatively impact Spanish and French banks which have significant exposures to loans to Turkey.  Weak capitalisation of some European banks.  Rising interest rates in the US could negatively impact emerging countries which have borrowed heavily in dollar denominated debt, so causing an investor flight to safe havens e.g. UK gilts.  Geopolitical risks, especially North Korea, but also in Europe and the Middle East, which could lead to increasing safe haven flows.

Upside risks to current forecasts for UK gilt yields and PWLB rates  President Trump’s fiscal plans to stimulate economic expansion causing a significant increase in inflation in the US and causing further sell offs of government bonds in major western countries.  The Fed causing a sudden shock in financial markets through misjudging the pace and strength of increases in its Fed. Funds Rate and in the pace and strength of reversal of QE, which then leads to a fundamental reassessment by investors of the relative risks of holding bonds, as opposed to equities. This could lead to a major flight from bonds to equities and a sharp increase in bond yields in the US, which could then spill over into impacting bond yields around the world.

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 The Bank of England is too slow in its pace and strength of increases in Bank Rate and, therefore, allows inflation pressures to build up too strongly within the UK economy, which then necessitates a later rapid series of increases in Bank Rate faster than we currently expect.  UK inflation, whether domestically generated or imported, returning to sustained significantly higher levels causing an increase in the inflation premium inherent to gilt yields.

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NORTH DEVON COUNCIL

COUNCIL: 16TH JANUARY 2019

TREASURY MANAGEMENT STRATEGY STATEMENT AND ANNUAL INVESTMENT STRATEGY – MID YEAR REVIEW REPORT 2018/19

RECOMMENDATIONS OF THE EXECUTIVE HELD ON 3rd DECEMBER 2018

77 TREASURY MANAGEMENT STRATEGY STATEMENT AND ANNUAL INVESTMENT STRATEGY – MID YEAR REVIEW REPORT 2018/19

RECOMMENDED

(a) That the changes to the prudential indicators be approved;

(b) That the report and the treasury activity be noted;

(c) That the revised Treasury Management Policy and Practices, contained in Appendix two, be approved.

Page1 45 This page is intentionally left blank Agenda Item 12 NORTH DEVON DISTRICT COUNCIL

REPORT TO: FULL COUNCIL

DATE 16th JANUARY 2019

TOPIC NORTH DEVON DISTRICT UK PARLIAMENTARY/LOCAL GOVERNMENT POLLING DISTRICT AND POLLING PLACES REVIEW.

Report By: ELECTORAL SERVICES MANAGER.

1. INTRODUCTION

1.1. This reports sets out the proposal for the revised Polling District and polling places arrangements recommended as a result of the Council’s responsibilities under the Electoral Registration and Administration Act 2013 and Schedule A1 of the Representation of the People Act 1983.

2. RECOMMENDATIONS

2.1. That the proposed Polling District and Polling Places within the North Devon Constituency as required by the Electoral Administration Act 2006 be adopted.

3. REASONS FOR RECOMMENDATIONS

3.1. To fulfil the Councils duty to review the UK Parliamentary Polling Districts and Polling Places for North Devon.

4. CONSTITUTIONAL CONTEXT

4.1 The Council’s powers relating to polling districts and polling places are removed from the Executive under the provisions of the Local Authorities (Functions and Responsibility) (England) Regulations 2000 as amended, and fall therefore to be exercised by Council.

5. REPORT

5.1 A public consultation was carried out in November 2018. Additionally all District Councillors, County Councillors, Parish Councils, Political Parties and other stakeholders which included the North Devon Disability Forum were contacted.

5.2 Aim of the Review

5.2.1 To seek to ensure that all electors in the constituency have such reasonable facilities for voting as are practicable in the circumstances.

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5.2.2 To seek to ensure that so far as is reasonably practicable, the polling places are accessible to all electors, including those who are disabled, and when considering the designation of a polling place, must have regard to the accessibility of the needs of disabled persons.

6.0 Definition of Terms

(A) Parliamentary constituencies: these cannot be changed by the review the division of these constituencies into polling districts and places is the subject of the review.

(B) Polling district: the area created by the division of a constituency, ward or division into smaller parts, within which a polling place can be determined which is convenient to electors.

(C) Polling place: the building or area in which polling stations will be selected by the Returning Officer.

(D) Polling station: the room or building where the poll takes place. Chosen by the Returning Officer for the election and publicised on the Notice of Poll or the Notice of Situation of Polling Stations and communicated via poll card after the Notice of Election.

7. RESOURCE IMPLICATIONS

7.1. There were no resource implications.

8. EQUALITY AND HUMAN RIGHTS

8.1. There are no equality or human rights issues associated with this report.

9. STATEMENT OF INTERNAL ADVICE

9.1 The following officers have been consulted in the construction of this report: Returning Officer

10. STATEMENT OF CONFIDENTIALITY

10.1 This report contains no information, which is confidential or exempt information under the provisions of Schedule 12A of 1972 Act

11. BACKGROUND PAPERS

10.1 Representation of the People Act 1993. The Electoral Registration and Administration Act 2013 The Electoral Commission Circular EC19/2010.

Author – Judith Dark Date January 2019

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Proposed arrangements for Polling Districts & Polling Places.

Register Polling District Parishes & Polling Station Other places within the Polling Districts AA Arlington Arlington Village Hall, Kentisbury AB Ashford Ashford Church Hall, Ashford AC Atherington Atherington The Pavilion, Atherington AD Barnstaple Central Barnstaple Norah Bellot Court, Town Part 1 Central Ward Vicarage Street, (part of Barnstaple Barnstaple Parish) AE Barnstaple Central Barnstaple Holy Trinity Church Hall, Town Part 2 Central Ward Barbican Road, (part of Barnstaple Barnstaple Parish) AF Barnstaple Barnstaple Forches Children’s Centre, Forches Part 1 Forches Ward Forches Avenue, (part of Barnstaple Barnstaple Parish)

AG Barnstaple Barnstaple Forches & Whiddon Valley Forches Part 2 Forches Ward Community Centre, Barton Road, (part of Whiddon Valley, Barnstaple Barnstaple Parish) AH Barnstaple Barnstaple Orchard Vale Community Forches Part 3 Forches Ward Primary School, Whiddon Valley, (part of Barnstaple Barnstaple Parish) AI Barnstaple Fort Barnstaple Fort Children’s Summer Club, Hill Part 1 Hill Ward (part of Charles Dart Crescent Barnstaple Parish) AJ Barnstaple Fort Barnstaple Fort Our Lady’s Catholic School, Hill Part 2 Hill (part of Chanters Hill, Barnstaple

Page 49 AgendaAgenda Item Item 12 a

Barnstaple Parish) AK Barnstaple Fort Barnstaple Fort The Lounge, Chichester Court, Hill Part 3 Hill Ward (part of Valley Close, Barnstaple Barnstaple Parish) AL Barnstaple Fort Barnstaple Fort Barnstaple Bowling Club, Hill Part 4 Hill Ward (part of Ashleigh Road, Barnstaple Barnstaple. Parish)

AM Barnstaple Barnstaple St Pauls Church Hall Longbridge Longbridge Sticklepath Ward (part of Barnstaple Parish) AN Barnstaple Barnstaple St John the Baptist Church Hall. Newport Part 1 Newport Ward Newport (part of Barnstaple Parish) AO Barnstaple Barnstaple Newport Methodist Church Newport Part 2 Newport Ward Gloster Road (part of Barnstaple Parish) AP Barnstaple Barnstaple St Johns Community Centre, Newport Part 3 Newport Ward Rose Lane.. (part of Barnstaple Parish) AQ Barnstaple Pilton Barnstaple Pilton The Showroom, Abbey Garage, & Yeo Valley & Yeo Valley Abbey Road, Barnstaple. Part 1 (Pilton) Ward (part of Barnstaple Parish) AR Barnstaple Pilton Barnstaple Pilton Pilton Church Hall, Pilton Street, & Yeo Valley Part & Yeo Valley Barnstaple 2 (Pilton) Ward (part of Barnstaple Parish) AS Barnstaple Pilton Barnstaple Pilton Barnstaple Ex-Service and Social &Yeo Valley & Yeo Valley Club, Part 3 (Yeo Ward (part of St Georges Road, Barnstaple Valley) Barnstaple Parish) AT Barnstaple Pilton Barnstaple Pilton The Lounge, & Yeo Valley (Part & Yeo Valley Chichester Court, Valley Close. 4) (Yeo Valley) Ward (part of Barnstaple Parish)

Page 50 2 Agenda Item 12a

AU Barnstaple Barnstaple Grosvenor Church, Victoria Victoria Ward. Old Station Road, Barnstaple. (part of Barnstaple Parish)

AV Berrynarbor Berrynarbor Manor Hall, Birdswell Lane, Berrynarbor.

AW Bishops Nympton Bishops Amory Centre, East Street, (Mill on the Mole) Nympton South Molton (excluding that part in the Bishops Nympton (Newtown) Polling District AX Bishops Nympton Bishops Parish Hall, Bishops Nympton (Newtown) Nympton (excluding that part in the Bishops Nympton (Mill on the Mole) Polling District AY Bishops Tawton Bishops Tawton Bishops Tawton Hall

AZ Bittadon Bittadon Methodist Schoolroom, Marwood

BA Bratton Fleming Bratton Fleming Village Hall, Bratton Fleming

BB Braunton East Braunton East Church Hall, Christchurch, Braunton Part 1 Ward (part) of Braunton Parish BC Braunton East Braunton East Parish Hall, Braunton Part 2 Ward (part) of Braunton Parish BD Braunton East Braunton East Skittle Alley, Ebrington Arms, Part 3 (Knowle) Ward (part) of Knowle, Braunton Parish Braunton BE Braunton West Braunton West Kingsacre School, Braunton Part 1 (part) of Braunton Parish BF Braunton West Braunton West The Yard@ Museum of British Part 2 (part) of Surfing, Braunton Parish Caen Street, Braunton

Page 51 3 AgendaAgenda Item Item 12 a

BG Brayford Brayford Village Hall, Brayford

BH Brendon & Brendon & The Village Hall, Brendon Countisbury Countisbury

BI Burrington Burrington The Parish Hall, Burrington

BJ Challacombe Challacombe The Function Room, Black Venus Public House, Challacombe

BK Chittlehamholt Chittlehamholt The Village Hall, Chittlehamholt

BL Chittlehampton Chittlehampton Chapel Schoolroom, Chittlehampton (excluding that part in the Chittlehampton (Umberleigh) & (Cobbaton) Polling District. BM Chittlehampton Chittlehampton The Village Hall, Umberleigh Umberleigh (excluding that part in the (Chittlehampton) (& (Cobbaton) Polling District. BN Chittlehampton Chittlehampton The Stables, Cragside, Cobbaton (Cobbaton) (excluding that part in the (Chittlehampton) (& (Umberleigh) Polling District BO Chulmleigh Chulmleigh The Town Hall, Chulmleigh

BP Combe Martin Combe Martin Village Hall, Combe Martin

BQ Combe Martin Combe Martin Village Hall, Combe Martin

BR East Anstey East Anstey The County Primary School, East Anstey

BS East & West East Buckland The Parish Hall, West Buckland Buckland (East Buckland)

BT East & West West Buckland The Parish Hall, West Buckland Buckland (West Buckland)

BU East Down East Down The Old School, East Down

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BV East Worlington East Worlington Parish Hall, East Worlington

BW Filleigh Filleigh Village Hall, Filleigh

BX Fremington Anchor Wood Action for Children,Sticklepath (Anchor Wood ) Ward part of Childrens Centre, Sticklepath. Fremington Parish BY Fremington Bickington Ward The Tomlin Hall, Bickington, Bickington Ward part of Barnstaple, Part 1 Fremington Parish

BZ Fremington Bickington Ward Roundswell Community Centre. Bickington Ward part of (Brynsworthyl) Fremington Part 2 Parish

CA Fremington Fremington & Parish Hall Fremington (Fremington & Yelland Ward of Yelland Fremington Fremington Parish Part 1

CB Fremington Fremington & Yelland Manor House, Pottery Lane (Fremington & Yelland Ward of Yelland Ward) Fremington Part 2 Parish CC Fremington Maple Ward part Roundswell Community Centre Maple) of Fremington Parish CD Fremington Roundswell & Roundswell Community Centre (Roundswell & Woodville Ward Woodville) part of Fremington Parish CE Georgeham Georgeham Georgeham Village Hall (excluding the part in the Georgeham (Croyde) Polling District) CF Georgeham Georgeham Village Hall, Croyde (Croyde) (excluding the part in (Georgeham)

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Polling District) CG George Nympton George Nympton Village Hall, George Nympton

CH Goodleigh Goodleigh Village Hall, Goodleigh (excluding the part in (Gunn Polling District)

CI Goodleigh Goodleigh Village Hall, Goodleigh (Gunn) (Excluding the part in (Goodleigh Polling District) CJ Heanton Heanton Heanton Church Hall, Punchardon Punchardon Wrafton Road, Wrafton (excluding the part in the Heanton Punchardon (Chivenor) Polling District CK Heanton Heaton Heanton Church Hall, Punchardon Punchardon Wrafton Road, Wrafton (Chivenor) (excluding the part in the Heanton Punchardon Polling District) CL Horwood Lovacott Horwood ward of Village Hall, Lovacott & Newton Tracey Horwood, (Horwood) Lovacott & Newton Tracey Parish

CM Horwood Lovacott Lovacott ward of Village Hall, Lovacott & Newton Tracey Horwood, (Lovacott) Lovacott & Newton Tracey Parish CN Horwood Lovacott Newton Tracey Village Hall, Lovacott & Newton Tracey Ward of (Newton Tracey) Horwood, Lovacott & Newton Tracey Parish CO Ilfracombe East Ward (part) Lantern Centre, High Street, East Part 1 of Ilfracombe Ilfracombe Parish CP Ilfracombe East Ward (part) St Peters Church, Highfield Road. East Part 2 of Ilfracombe Parish CQ Ilfracombe East Ward (part) The Pavillion, The Landmark,

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East Part 3 of Ilfracombe Wilder Road, Ifracombe Parish CR Ilfracombe East Ward (part) Rugby Club, Brimlands, Ilfracombe East Part 4 of Ilfracombe Parish CS Ilfracombe (West) West Ward (part) Trinity Rooms, Church Road, Part 1 of Ilfracombe Ilfracombe. Parish

CT Ilfracombe (West) West Ward (part) ACF Drill Hall, Bicclescombe Road, Part 2 of Ilfracombe Ilfracombe Parish CU Ilfracombe (West) West Ward (part) Memorial Hall, Lee (Lee) of Ilfracombe Part 3 Parish CV Ilfracombe (West) West Ward (part) Vision Community Centre, (Slade) of Ilfracombe Slade, Ilfracombe Part 4 Parish CW Instow Instow All Saints Chapel and Community Centre CX Kentisbury Kentisbury Village Hall, Kentisbury

CY Kings Nympton Kings Nympton Parish Hall, Kings Nympton

CZ Knowstone Knowstone Village Hall, Knowstone

DA Landkey Mount Sandford St John the Baptist Church Hall, Mount Sandford Green Ward part South Street, Barnstaple. Green of Landkey Parish DB Landkey Newlands Ward Village Hall, Landkey Newlands part of Landkey Parish DC Landkey Westacott Ward Orchard Vale Community Primary Westacott part of Landkey School, Whiddon Valley. Parish DD Loxhore Loxhore Village Hall, Loxhore

DE Lynton Lynton Town Hall, Lynton

DF Lynmouth Lynmouth Lynmouth Church, Lynmouth

DG Mariansleigh Mariansleigh Oxham Hall, Oxham Cross, Mariansleigh

DH Martinhoe Martinhoe Hannington Hall, Martinhoe

DI Marwood Marwood Methodist Schoolroom, Marwood

DJ Meshaw Meshaw Oxham Hall, Oxham Cross, Mariansleigh

DK Molland Molland Parish Hall, Molland

Page 55 7 AgendaAgenda Item Item 12 a

DL Mortehoe Mortehoe Village Hall, Mortehoe (excluding the part within Mortehoe (Woolacombe Polling District)

DM Mortehoe Mortehoe Woolacombe Village Hall, (Woolacombe) (excluding the Beach Road, Woolacombe part within Mortehoe Polling District) DN North Molton North Molton Old School Centre, North Molton

DO Parracombe Parracombe RAOB Village Hall, Parracombe

DP Pilton West Pilton West Pilton Church Hall, Pilton Street, Barnstaple DQ Queens Nympton Queens Village Hall, George Nympton Nympton

DR Rackenford Creacombe Rackenford Village Shop & Post (Creacombe) Ward of Office Rackenford , Rackenford Parish DS Rackenford Rackenford Rackenford Village Shop & Post Office, Rackenford DT Romansleigh Romansleigh Village Hall, Romansleigh

DU Rose Ash Rose Ash Village Hall, Rose Ash

DV Satterleigh & Satterleigh & Village Hall, Chittlehamholt Warkleigh Warkleigh

DW Shirwell Shirwell Village Hall, Shirwell

DX South Molton South Molton Amory Centre, East Street, South Molton

DY Stoke Rivers Stoke Rivers Tamlyn Room, Stoke Rivers

DZ Swimbridge Swimbridge Jubilee Hall, Swimbridge

EA Tawstock Northern Urban Methodist Chapel, Rhododendron Northern Urban Ward of Avenue, or Roundswell Tawstock Parish EB Tawstock Rural Ward of Village Hall, Tawstock Rural Tawstock Parish

Page 56 8 Agenda Item 12a

EC Tawstock Southern Urban Roundswell Community Centre. Southern Urban Ward of Tawstock Parish ED Trentishoe Trentishoe RAOB Hall, Parracombe

EE Twitchen Twitchen Parish Hall, Molland

EF West Anstey West Anstey West Anstey Village Hall

EG West Down West Down Village Hall, West Down

EH Westleigh Westleigh Village Hall, Westleigh

EI Witheridge Witheridge Village Hall, Witheridge

Changes since Review.

Polling District CP. Ilfracombe East.

This polling District has been revised and a new Polling Station has been located. St Peters Church, Highfield Road.

This was following feedback from Cllr. Netti Pearson.

Page 57 9 This page is intentionally left blank Agenda Item 14

Open NORTH DEVON COUNCIL

REPORT TO: COUNCIL Date: 16 January 2019 TOPIC: COUNCIL TAX BASE (2019/20)

REPORT BY: HEAD OF RESOURCES

1. INTRODUCTION

1.1 Regulations issued under Section 31 (b) of the Local Government Finance Act 1992 require the Council to formally resolve the Council Tax Base for the following financial year.

1.2 The attached schedule sets out the Council Tax Base calculation for the whole of the District. A copy of the individual Parish Council Tax calculation is available at the Corporate and Community Services team.

2 RECOMMENDATIONS

2.1 That the report for the calculation of the Council Tax Base for 2019/20 by the Head of Resources be approved.

2.2 That pursuant to the report and in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, the amount calculated by North Devon District Council as its schedule for 2019/20 shall be as shown on the attached schedule.

3 REASONS FOR RECOMMENDATIONS

3.1 The Council needs to determine the Council Tax Base for the financial year 2019/20 to enable the required level of Council Tax to be calculated for that year.

4 REPORT

4.1 The Council Tax Base for the District is set out in the attached appendix for consideration and adoption as the Council Tax Base for the financial year 2019/20.

4.2 The Council Tax Base for 2019/20 as set out in the attached appendix is 33,948.44 Band D equivalent properties compared with 33,436.99 for 2018/19, an increase of 1.53%.

5 RESOURCE IMPLICATIONS

5.1 Financial – as contained in the report.

5.2 Human resources – there are no additional resource implications.

Page 59 Agenda Item 14

6 EQUALITY and HUMAN RIGHTS

6.1 There are no identified implications in relation to equality in the report as it is focussing on the financial calculations used to set the Council Tax.

7 CONSTITUTIONAL CONTEXT

Article and Appendix and Referred or A key In the paragraph paragraph delegated decision? Forward power? Plan?

4.1 (b) (ii) Yes Yes

4.2 (e) (iii) & (w)

8 STATEMENT OF CONFIDENTIALITY

8.1 No parts of the report contain confidential information within the meaning of the Local Government (Access to Information) Act 1985.

9 BACKGROUND PAPERS 9.1 Background papers will be available for inspection and will be kept by the author of the report.

10 STATEMENT OF INTERNAL ADVICE

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

Author: Angela McCoy (Assistant Revenues and Benefits Manager)

Page 60 Council Tax Base 2019/2020 07/01/2019

BAND - A BAND A BAND B BAND C BAND D BAND E BAND F BAND G BAND H TOTAL

Number of dwellings in Valuation List (30 November 2018) 0 10058 11221 9855 7863 4465 1835 608 44 45949

Estimated number of dwellings not listed but which will be 0 55 194 211 106 74 7 0 0 647 listed in the band for the whole or part of 2019/20

Estimated number of dwellings listed but which will not be in the band for the whole or part of 2019/20 0 -4 -2 -3 -1 0 0 -1 0 -11

Estimated number of exempt dwellings 0 -298 -119 -90 -89 -47 -12 -6 -2 -663

Reductions to lower band due to disabled relief 0 -23 -41 -54 -61 -36 -26 -13 -5 -259

Additions to band due to disabled relief 23 41 54 61 36 26 13 5 0 259

CHARGEABLE DWELLINGS FOR BAND 23 9829 11307 9980 7854 4482 1817 593 37 45922

Page 61 Page Estimated discounts - 25% 9 5215 4000 2854 1750 735 279 76 5 14923 - 50% 1 5 5 7 9 15 16 8 1 67 - 100% 0 175 117 85 47 24 5 2 0 455 Estimated premiums + 50% 0 56 32 10 25 11 2 4 0 140 Total number of discounts and premiums 10 5451 4154 2956 1831 785 302 90 6 15585

Number of dwellings with no discount or premium 13 4378 7153 7024 6023 3697 1515 503 31 30337

25% discounts @ 75% plus 50% discounts @ 50% less 7.25 3997.75 3050.5 2159 1354.5 575.25 220.25 67 4.25 11436 100% discounts plus premiums @150% Agenda Item 14 TOTAL DISCOUNTED DWELLINGS 20.25 8375.75 10203.50 9183.00 7377.50 4272.25 1735.25 570.00 35.25 41772.75 Agenda Item a

Estimated equivalent number of dwellings for family annexe 0.00 -34.40 -7.20 -4.40 -1.00 -0.50 0.00 0.00 0.00 -47.50 discount

Estimated equivalent number of dwellings for council tax -8.31 -1894.22 -1115.76 -545.39 -234.93 -68.88 -16.50 -2.45 0 -3886.44 support scheme

TOTAL EQUIVALENT DWELLINGS 11.94 6447.13 9080.54 8633.21 7141.57 4202.87 1718.75 567.55 35.25 37838.81

Ratio to Band D 5/9 6/9 7/9 8/9 1 11/9 13/9 15/9 18/9

BAND D EQUIVALENTS 6.66 4298.07 7062.65 7673.98 7141.57 5136.84 2482.67 945.97 70.50 34818.91 Collection Rate 97.5% TAX BASE 33948.44 This page is intentionally left blank Agenda Item 15

NORTH DEVON COUNCIL

REPORT TO: FULL COUNCIL Date: 16th January 2019 TOPIC: PANNIER MARKET PUBLIC SPACES PROTECTION ORDER

REPORT BY: CCTV, TOWN CENTRE AND PANNIER MARKET MANAGER

1 INTRODUCTION

1.1 The Council owns and operates Barnstaple Pannier Market, an iconic undercover market situated in the heart of Barnstaple town centre and contributing to the vitality of the town centre economy.

1.2 The Pannier Market contains a public right of way through the centre of the building, which historically has meant that the whole market hall has been permanently accessible at all hours.

1.3 This accessibility has enabled anti-social behaviour to occur in the Pannier Market overnight. Such behaviour has included criminal damage, the consumption of alcohol and drugs, littering, urinating, defecating and ball games leading to damage.

1.4 The Anti-Social Behaviour, Crime and Policing Act (2014) created provision for Public Spaces Protection Orders (PSPO’s) to be made, thereby enabling local authorities to seek to prevent or restrict behaviour which is having a negative effect on communal well-being.

1.5 On 31st January 2018, the Council made a PSPO, in relation to the Pannier Market for a period of one year, forbidding a number of activities in the ‘Restricted Area.’ In order to ensure compliance with the terms of the order, provision was made for the public highway between Butchers Row and Market Street to be closed from 18.00 hours until 5.00 hours the following day through the operation of barriers.

1.6 The PSPO having ensured that the anti-social behaviour relating to the Pannier Market has effectively ceased, this report sets out the rationale for the proposal that North Devon Council now makes a PSPO in relation to the Pannier Market for a period of 3 years, in identical terms.

2 RECOMMENDATIONS

2.1 That North Devon Council makes a further Public Spaces Protection Order for a period of 3 years in relation to the Pannier Market, Barnstaple, as per the Order attached at Appendix A.

Page 63 Agenda Item 15

3 REASONS FOR RECOMMENDATIONS

3.1 To restrict the gathering of individuals who frequently, by their lifestyle, resort to anti- social activity in the Pannier Market when it is not in operation.

3.2 To improve the quality of life for all in the vicinity.

4 REPORT

4.1 Barnstaple Pannier Market, housed in an iconic red brick market hall on Barnstaple’s Butchers Row, is a key attraction for the town and locality, forming the cornerstone of the retail and culture offer in the town centre. The market trades at least 6 days a week for most of the year, and in addition hosts monthly Sunday events.

4.2 As the building has been accessible at all hours, there has been a long history of anti-social behaviour in the building overnight. Prior to January 2018, such behaviour had intensified over the years, with winter months in particular seeing an unprecedented level of anti-social activity.

4.3 Such activity was logged by the Barnstaple CCTV team and the Pannier Market manager, and included regular instances of:

• Drug and alcohol possession and consumption • Vandalism and graffiti • Arson (in winter 2015 a homeless man in his sleeping bag was set alight by youths) • Vomit, urination and defecation, on occasion blocking the small drain grates (causing flooding etc) • Ball games causing damage, and thrown objects causing damage • Lights turned on, the electrical system ‘hotwired’ • Rough sleeping • Alarm activation • Extensive littering including needles, broken glass etc

4.4 The Public Spaces Protection Order is a creation of the Anti-social Behaviour, Crime and Policing Act 2014 which, according to the statutory guidance, is “designed to stop individuals or groups committing anti-social behaviour in a public space.” Under the provisions, local authorities may seek to prevent or restrict behaviour which is having a negative effect on the communal well-being.

4.5 In pursuing a PSPO the 2014 Act states that a local authority should be satisfied on reasonable grounds that two conditions are met: (a) Activities carried on in a public place have had a detrimental effect on the quality of life of those in the locality (b) The effect of the activities is of a persistent or continuing nature, is such as to make the activities unreasonable, and justifies the restrictions imposed by the notice.

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4.6 A PSPO may last for a period of up to 3 years. A PSPO may be extended (and more than once) if it deemed by the local authority to continue to be appropriate to do so.

4.7 The Anti-social Behaviour, Crime and Policing Act 2014 provides specifically for situations where a PSPO would restrict a public right of way, as would be the case in the Pannier Market. In such situations the local authority is required to consider:

• The likely effect of making the order on the occupiers of premises adjoining or adjacent to the highway • The likely effect of making the order on other persons in the locality • Where the highway constitutes a through route, the availability of a reasonably convenient alternative route

4.8 The Anti-social Behaviour, Crime and Policing Act 2014 sets out some key requirements as to the process for making a PSPO, including carrying out necessary consultation, necessary publicity and necessary notification with regard to the proposed PSPO.

4.9 In the case of the Pannier Market, the proposed PSPO, attached at Appendix A, would prohibit certain activities. A plan of the area subject to the proposed PSPO is attached at Appendix B.

4.10 Prior to the introduction of the 1 year PSPO on 31st January 2018, North Devon Council took the following steps in arriving at the terms of the Order:

(a) Collated evidence of incidents within the Pannier Market, attached at Appendix C.

(b) Considered the likely effect of making the order on the occupiers of premises adjoining or adjacent to the highway; and on other persons in the locality. With regard to the Pannier Market, it appears there are no other occupiers of premises directly adjacent to the right of way proposed to be restricted, as the area to be restricted falls only within the Pannier Market. However, for the avoidance of doubt and to ensure any effects of making an order are properly considered, North Devon Council has sought to understand any effects on occupiers and businesses in the vicinity through consultation.

(c) Considered reasonably convenient alternative routes. Access to the Butchers Row retail units and the retail and restaurant businesses on Market Street has been considered. All these premises are directly accessible by using Butchers Row or Market Street respectively. The plan at Appendix D indicates these locations and in addition the walking routes to the nearest car parks, demonstrating the existence of convenient alternative routes.

(d) Notified and consulted with key stakeholders and the public for a period of 12 weeks on two separate occasions, and reviewed the consultation responses before finalising the terms of the PSPO.

4.11 In relation to the proposal to introduce a new PSPO, responses have been invited from key stakeholders and the public in the period 16th November 2018 until 4th January 2019. The responses are attached at Appendix E.

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4.12 One respondent raises concerns about the highway being unlawfully obstructed by the doors or encroachment of stalls. It is acknowledged that there have been occasions where this has unintentionally occurred and steps have been taken to ensure that it does not occur in future.

4.13 The proposed PSPO reflects the considerations as outlined at 4.10, and the points made by consultees both previously and in relation to the current period of consultation. The absence of opposition to the proposal, with the exception of three negative responses, suggests that the public in general, and stakeholders such as the market traders in particular, are very comfortable with the existence of a new PSPO.

4.14 Alternative options – there are few alternative options. The concept of a ‘glass corridor’ through the market has previously been explored. This option is not acceptable to Historic England as the Pannier Market is a Grade II listed building. From an operational point of view the running of the market would be compromised and the sense of scale from the single building would be lost should partitions, albeit glass, be introduced. The use of glass is in itself likely to encourage acts of vandalism.

5 RESOURCE IMPLICATIONS

5.1 There are no new resource implications from the renewal of the PSPO.

5.2 There is a wider public benefit to preventing the anti-social behaviour occurring in the Pannier Market, as public costs related to the impacts of 24/7 accessibility of the building – policing resources, cleaning, repairs etc – would largely be eradicated.

6 CONSTITUTIONAL CONTEXT

Article or Appendix Referred or Key decision? and paragraph delegated power?

Part 2, Article No No 4.5.13

7 STATEMENT OF CONFIDENTIALITY

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

8 BACKGROUND PAPERS

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

o Pannier Market Incident Log

o Consultation responses

o Anti-social Behaviour, Crime and Policing Act 2014

Page 66 Agenda Item 15

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

9 STATEMENT OF INTERNAL ADVICE

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

Executive Member: Councillor Barker Author: Hannah Harrington Date: 4th January 2019 Reference:

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[APPENDIX A]

NORTH DEVON DISTRICT COUNCIL

ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014

PART 4, SECTION 59

PUBLIC SPACES PROTECTION ORDER

In exercise of the power under section 59 of the Anti-social Behaviour, Crime and Policing Act 2014 (the Act), being satisfied that the conditions set out in sections 59 and 64 of the Act have been met, the North Devon District Council (NDDC) hereby makes a Public Spaces Protection Order, in relation to the area known as the Pannier Market, Barnstaple EX31 1BW (the Restricted Area) as outlined in red on the location plan.

Such order shall apply to all persons except to attendees of events operated or authorised by NDDC.

The terms of the order are as follows:

(1) No person may use the Restricted Area for the following purposes:

a. The consumption of alcohol b. Littering c. The possession or consumption of controlled drugs, other than under a prescription d. Behaving in a manner likely to cause intimidation, harassment, alarm or distress e. Ball games or skateboarding

(2) In order to ensure compliance with the above restrictions, the NDDC will secure the Restricted Area at 18.00 hours each evening, and open it at 5.00 hours each morning

(3) The public highway between Butchers Row and Market Street will be closed, pursuant to paragraph (2) above, through the operation of barriers

(4) Between 18.00 hours and 5.00 hours the following day, no person shall refuse to leave the Restricted Area when required to do so by an authorised person

(5) Any person who, without reasonable excuse, fails to comply with the requirements of this Order commits an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale

Page 69 AgendaAgenda Item Item 15 a

(6) Where a constable or authorised person reasonably believes that a person is consuming alcohol in breach of this Order, or intends to do so in breach of the Order, the constable or authorised person may require the person not to consume alcohol in breach of the Order and to surrender anything in the person’s possession which the constable or authorised person believes to be alcohol

(7) A person who fails without reasonable excuse to comply with a requirement imposed on him or her under paragraph (6) above commits an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale

(8) This Order shall come into force on 1st February 2019 and shall remain in place for a period of 3 years.

Dated this

THE COMMON SEAL of NORTH DEVON DISTRICT COUNCIL was hereunto fixed In the presence of:

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Agenda Item 15 Agenda Item b M

Copy Supplied to: E.V.

Pannier Market Scale: 1:1250 Date: 29th November Lynton House, Commercial Road, 2016 Barnstaple, EX31 1DG © Copyright and database right 2012 Ordnance Survey Licence No. 100021929. No unauthorised reproduction permitted. This page is intentionally left blank Date Time Incident Details Remarks 04/01/2015 22:10 Phone call re intruder alarm is going off north building or canteen Comms adv, attended AAIO Large group of youths making a mess suspicion that some have alcohol asked for unit to 04/01/2014 23:53 check them out all in order 11/01/2014 23:08 Large group rowdy youths Youths monitored and sent on way 01/02/2014 19:43 Youths drinking alcohol Alcohol confiscated youths advised sent on way 15/02/2014 19:43 Youths drinking alcohol Alcohol confiscated youths advised sent on way 18/02/2014 18:45 Youths drinking alcohol Youths moved on prior to police arrival

07/03/2014 22:09 Young Male acting sus seems nervous shining torch in café and up stairwell to Q Theatre Pol adv Male stopped Litchden St. Details obtained 12/03/2014 18:47 Report misper is in Pannier Market asked to check can only see back of a blue top Unit attended not her 15/04/2014 21:07 Male teenager waving a handgun around probably a BB gun Male cycled away upon seeing police others questioned confirmed BB gun 08/05/2014 19:07 2 college kids smoking joint. Unit attended, details taken, canabis warning issued. 30/09/2014 02:35 3males, very drunk, crashed out, Market staff attempting to set up. Unit attended, males moved on 03/10/2014 21:40 Male assaulted by another male offender made off ASNT Unit found him in doorway of Green Lanes. Details obtained 1I/C 05/10/2014 19:16 3 youths in Telephone Kiosk smoking a bong Police advised Attended spoken to searched details obtained 17/10/2014 18:30 Police made aware of drinkers legal high users 18/10/2014 22:50 Asked to monitor group at top corner while unit officer has words Monitoring made to clean up all the mess 23/10/2014 19:05 2 teenager females rolling cannabis joint details taken searched taken home to parents 01/11/2014 01:40 13year old Female missing from Forches adv Female fitting the des in Pannier Market Unit attended wasnt her 03/12/2014 20:25 sus male smoking joint and drinking No unit to attend they all went to picture house Page 73 Page 17/12/2014 19:57 Seen male skinning up a joint and using a grinder Plain clothes officer attended and confiscated weed 17/01/2015 18:40 Female rolling joint.Poicel advised Attended details taken 16/02/2015 23:15 Main door open light on was not open earlier during the night Police checked it for me door insecure unable to lock it but nothing untoward inside 25/02/2015 overnight Main light switch outside café vandalised and hotwired Member of the public, apparently under the influence of alcohol or other became abusive and threatening to members of staff and traders after being asked repeatedly to vacate the 25/02/2015 early hours market. 07/03/2015 01:55 From unit Known Male in Pannier Market monitor Monitored as best 3 persons acting sus as police arrive to check O2 alarm activation ran off upon seeing 11/04/2015 20:42 officers Police informed and given direction of travel stopped boutport st 1 in custody unrelated Police updated people are having to open doors to get to club in Market St being closed 25/06/2015 19:15 again Unit attended. They are to do with Fringe and Craig gave them permission 25/06/2015 18:45 Group musicians shut all doors and set up table in middle of throughway Comms advised unit will attend when free Agenda Item c Agenda Item 15 28/07/2015 20:45 Male in wheelchair looks sus Police informed will be taken back to his address 20/08/2015 23:10 Monitoring youth gone to sleep near Telephone Kiosk Officers woke him up took details and took him home 21/10/2015 20:20 Youths playing football in market causing damage Police asked to attened monitored on camera 21/10/2015 04:00 Asked to check reports of naked man Advised ASNT only Male apart from workers is clothed and wrapped in a sleeping bag 27/10/2015 20:06 3 Teenagers preparing a canabis joint Comms informed police all tied up 18/11/2015 20:50 Male drinking and uriating in market Police informed names taken and words of advice given 25/11/2015 20:43 Theft of sandwiches from Boots. Offender found unit attended. 02/12/2015 20:10 Youths starting fires Police attended 02/12/2015 21:00 Youths taking drugs Police attended and dealing 02/12/2015 22:38 Obs on Rough Sleeper for comms Monitored 03/12/2015 20:02 Report of 2 females stealing from stall descriptions given located still in market Police directed towards and dealing no offences 04/12/2015 18:00 2 men taking drugs Police called, arrived and took offenders away 07/12/2015 18:00 Kids drug taking in Pannier Mkt. Unit attended Agenda Item 15 Agenda Item c

15/12/2015 overnight Cornstore door kicked in overnight - repaired on site 22/12/2015 overnight 3 rough sleepers. Vomit, rubbish and urine to clear up 23/12/2015 overnight Several rough sleepers. Broken glass and a lot of rubbish to clear up Banner ripped. 2 domestic bins of rubbish collected. Drain cover removed, glass, urine and 24/12/2015 overnight faeces to clear up. 2 rough sleepers - under the influence. Lit fire in the market - smoke damage. Urine and 30/12/2015 overnight faeces to clear up. 05/01/2016 overnight Broken glass and rubbish. Vomit to clear up 07/01/2016 overnight Damage to corn store door 11/01/2016 overnight Market café window smashed. Banner destroyed 12/01/2016 overnight Rough sleepers, broken alcohol bottles. Glass everywhere 18/01/2016 overnight Rubbish set on fire outside café and market 19/01/2016 19:04 Group of teenagers smoking cannabis Comms advised 22/01/2016 overnight Rubbish outside café and market 22/01/2016 21:11 Youths set fire to cardboard and skateboarding. No Police to deal. Updated Police - fire out but will continue to monitor 23/01/2016 overnight Fire in market rubbish 23/01/2016 19:20 Comm advised youths set fire to cardboard again Monitored 24/01/2016 overnight Graffiti on doors 24/01/2016 overnight Market door smashed off runners Page 74 Page BTC reported fire damage to Roly 's Fudge Pantry and damage to window above the arch 02/02/2016 overnight at High Street end users, (marching band), who have a licence unable to use the market due to number of number of youths skateboarding, ball games, intimidating behaviour, car driving up and 03/02/2016 18:00 down 03/02/2016 19:21 Asked to monitor market as skateboarders present Monitored until PCSO attended 14/02/2016 21:27 Unit requested to attend & speak to kids playing football No one to deal. 5 youths deliberately kicking ball hard and high concerned for roof and camera. Asked for 23/02/2016 20:56 words Unit attended 4 made off 1 spoken to 02/03/2016 03:32 Known Male Setting light to material wrapped around electrical sockets Police attended and male spoken to no damage detected by them male sent on way 06/04/2016 20:37 Asked to look for Known Male by Police Found In Pannier Market Police Informed 27/04/2016 19:04 Asked to monitor skateboarders, report of them skating in & out of band. Monitored, possibly some verbals but NOT skating amongst band. 02/05/2016 23:57 Adv Comms Male climbed over gate at back of market which leads to Queens Theatre None available. Updated AIO went over for football now out. NFA

10/05/2016 01:16 Monitoring officers conducting a stop and search with an aggressive uncompliant male Other unit arrived stop and search conducted without further incident 16/06/2016 overnight 5 overnight sleepers - refused to vacate the building Police called and attended to remove. 17/05/2016 22:12 Asked to monitor a stop check Monitoring 19/05/2016 19:18 Monitoring police as they check for missing person might run Monitored misper went with police no problems 26/06/2016 18:00 Councillor said that youths have broken windows in market Police on way 26/06/2016 overnight 2 high bay lamps smashed. Glass panes in roof broken. Youth initimidating to Town Reported to Police by Councillor - Police attended Marching Band 29/06/2016 23:20 Female smashing bottles in pannier market Police informed 02/07/2016 02:05 Youths playing rugby in market Police informed youths searched names taken 04/07/2016 19:44 Large group of youths with several large bottles of alchohol Police attended at 20:20 youths run off with their drink others moved on by officer 06/07/2016 23:21 Youths drinking alcohol and smoking canabis 9 in total male and female Comms informed and acknowledged but no units dispatched 2 females on steps to café one in pink top looking really guilty rolling joint, pos hasd small 07/07/2016 20:34 knife pol adv noone to deal 21:06 unit went seized a grinder knife 07/07/2016 21:20 Male arguing with officer moved out of camera view behind pillars Code 0. Units attended 1 in custody PO 13/07/2016 19:20 Male being a nusiance to the band Police informed male left before police arrived 26/07/2016 early hours overnight sleeper, abusive and threatening to staff Police called 23/09/2016 early hours overnight sleeper, abusive and threatening to staff Police called 24/09/2016 early hours Suspected fire lit Scorch marks found on the floor by Queens Theatre Wall 23/10/2016 15:55 Police reported that a call had been received from the telephone kiosk regarding the caller A group of youths had been seen on camera (12) shortly before the call. Police officers on alleging he was being chased by a clown with a knife. scene speak to the youths who were in Market Street. 02/11/2016 early hours Motorcyclists in market hall with inflatable ball Vacated when staff attended for work 08/11/2016 early hours Motorcyclists in market hall with inflatable ball Vacated when staff attended for work 11/11/2016 early hours Motorcyclists in market hall with inflatable ball Vacated when staff attended for work 06/11/2016 early hours 3 electricity outlet socket covers smashed off 11/11/2016 early hours Overnight sleepers- abusive Police called - attended and removed 12/11/2016 03:42 Monitoring market stall holders after report of rough sleepers causing them problems police Police attended rough sleepers moved on on route 19/11/2016 07:40 phone call from the market a trader will be leaving his van in the market over night will be watched on camara 12 19/11/2016 19:00 Group of youths smoking cananbis through a homemade bong Police attended and dealing took details 09/12/2016 19:53 Teenagers drinking vodka and smoking canabis joints Police informed noone available to deal 11/12/2016 18:40 Youths open theatre fire door from inside the Pannier Market Police informed youths leave area prior to their arrival. 2017

Page 75 Page 03/01/2017 21:50 Obs required for misper from NDDH. White male 6' wearing jeans and green fleece Male matching description seen in the Pannier market, passed to police who checked the carrying a rucksack. male but not the misper. The police were informed by a local taxi firm that they had dropped the misper off at Panniers. The police located the male as he was leaving the Panniers and returned him to NDDH. 04/01/2017 overnight Rough sleepers in the market No action 05/01/2017 overnight Rough sleepers in the market No action 06/01/2017 20:25 Large gathering of cars 20+ parking inside market Police advised and attended cars moved on at our request 08/01/2017 overnight Rough sleepers in the market and faeces No action (cleaned by staff) 12/01/2017 14:00 Youths playing football Asked to take football outside, failed to comply. Asked again and requested CCTV to monitor

12/01/2017 14:24 Pannier Market manager asked me to keep a look out on the market today will watch camera 12 when possible 12/01/2017 15:05 youths smoking highs and drinking police informed police talking to youths 13/01/2017 01:54 Group of homeless drinking getting aggressive with each other asked Comms if passing Police not readily available but one will go when free. Group calmed down and cleared up Agenda Item c police unit could clear them from area as workers due in an hour their own mess when staff arrived to set out stalls and moved on Comms updated and police Agenda Item 15 request cancelled 13/01/2017 early hours Rough sleeper in the market asked to leave. Refused to comply, police called, sleeper vacted before Police arrived 15/01/2017 13:39 2 youths kicking a football as hard as they can. Asked PCSO to attend & give advice, ball got stuck in roof before they could attend 20/01/2017 19:37 youths smoking canabis Details taken and searched 26/01/2017 overnight 7 rough sleepers no action 07/02/2017 overnight Overnight sleeper No action 08/02/2017 overnight Rough sleeper in the market No action 09/02/2017 overnight Rough sleeper in the market No action 15/02/2017 19:36 responding to a Standby call from Councillor and monitoring youths who were being Monitored disruptive to youngsters organisation practising marching band routines also she claimed a strong smell of canabis Agenda Item 15 Agenda Item c

22/02/2017 evening Doors closed Received phone call to inform us that the doors to the market had been closed by unknown persons when marching band attended 23/02/2017 20:03 Group of homeless with 2 youths 1 no older than 12 smoking canabis from a bong Police informed and attended youths details taken all moved on 25/02/2017 overnight Smell of urine Trader complained. Cleaned by staff 09/03/2017 19:57 Motor scooter rider given young kids rides without them wearing crash helmets and seated Police atteded and dealing dangerously 16/03/2017 07:23 Staff telephoned in to report issues with a rough sleeper, police have been called via 101 Advised that police were en-route. Police attended and requested ambulance for the male over an hour ago. 16/03/2017 morning Rough sleeper - unable to be moved by staff Police called (101) by SH at 6.30. Attended @ 7.30, ambulance called, removed @ 7.45 02/04/2017 unknown Electrical socket covers broken Reported to estates 03/04/2017 overnight 2 rough sleepers No action 11/04/2017 08:30 Trader reports that he was a victim of theft about 0200-0215 hrs today. Caller advised that if the theft has been reported to the police then they will come to view the images. 17/04/2017 unknown Corn store broken into. Staff member's bicycle broekn, padlock removed Reported to Police and CCTV. Corn Store secured 21/04/2017 11:00 complaint of a male acting strange in the pannier market police informed male disapeared the police know who the male was 24/04/2017 unknown Feminine hygiene product on wall removed and disposed of 04/05/2017 overnight 6 covers ripped off electrical sockets reported - approx ~£600 to repair 08/05/2017 14:48 Report of male shoplifter being followed from High St. Found in Market St, Moroney, unit directed, goods paid for. 14/05/2017 overnight Damaged electrical sockets photos taken and reported 15/05/2017 overnight Fires lit in market - melted bottles found Page 76 Page 17/05/2017 overnight Fires lit in market - melted bottles found 18/05/2017 00:34 Youths lighting fire reported to police 19/05/2017 23:09 three youths on bikes one youth urinating against the wall reported to police 22/05/2017 overnight damaged pane of glass in phone box made safe by market staff 03/06/2017 17:35 telephone call from pannier market manager can we keep a eye out on the staging going message will be passed on to night shift up tonight for the church tommrow 08/06/2017 08:40 Staff report youths cycling very close around the stalls & customers Police Attended Youths advised of behaviour and moved on 19/07/2017 19:18 obbs on the pannier market police moved on some youths

CCTV report Pannier Market Staff reports Third party reports M

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50 0 50 100 150 200 m

Copy Supplied to: E.V

PSPO Alternative Routes Scale: 1:2500 Date: 18 July 2016 Lynton House, Commercial Road, Barnstaple, EX31 1DG © Copyright and database right 2012 Ordnance Survey Licence No. 100021929. No unauthorised reproduction permitted. This page is intentionally left blank Agenda Item 15e

Appendix E

Pannier Market PSPO

Consultation Report

1. Background

This consultation relates to the proposal to make a further Public Spaces Protection Order (PSPO) in relation to Barnstaple pannier market from 1 February 2019 for a period of 3 years. Consultation, publicity and notification are a necessary requirement of making a PSPO as per the Anti-social Behaviour, Crime and Policing Act 2014.

A consultation process was undertaken between Friday 16th November 2018 and Friday 4th January 2019.

2. Consultation Process

The following groups were consulted with:

 Key stakeholders – public bodies:Devon and Cornwall Police, the local Community Safety Partnership, Barnstaple Town Council, Devon County Council  Key stakeholders – occupiers in the vicinity: traders in Butchers Row and Market Street  The Barnstaple Chamber of Commerce  Pannier market traders  The public at large

The following consultation methods where employed:

 Individual letters  Notices displayed within the pannier market  An advertisement in the North Devon Journal  A notice on the North Devon council website.

Consultation responses were invited by emailing or writing directly to NDC.

Consultation materials included:

 The PSPO wording  A map of alternative routes

3. Consultation Responses

Responses were received from the following stakeholders:

 Police  Town Centre Management  3 members of the public  Pannier Market Traders Committee

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The 3 members of the public objected to the further order being made, with one member of the public citing that they did not believe that the PSPO adequately addresses a perceived growing problem of anti-social behaviour. The other member of the public gave no reason for their objection.

Barnstaple Town Centre Management, the Police and the Pannier Market traders were all in support of making a further order with the Police raising no concerns with the current order.

Comments received regarding a further PSPO order for Barnstaple Pannier Market

Total received: 6

 In favour: 3  Object: 3

1. via email 23.11.18

I wish to record my objection to the renewal of the PSPO in connection with the Pannier Market or indeed any other PSPO order.

To my mind PSPOs do not adequately address what seems to be a growing problem of anti-social behaviour for the following reasons:

1/These orders effectively ‘punish’ the vast majority of law abiding citizens in response to the behaviour of a mindless few.

2/ PSPOs do not stop anti-social behaviour. There is anecdotal evidence to suggest that whereas a particular problem may have been addressed in the Pannier Market, anti-social behaviour has not been halted by the existing PSPO but may have moved on to other parts of the town. The consequences of the existing PSPO in this regard should be investigated with the advice made public for further comment before extending the existing PSPO or introducing any new PSPO.

In the absence of any effective community policing I would like to see the NDC propose a Community Remedy, permitted by reference to the Anti-social Behaviour, Crime and Policing Act 2014, that is targeted to have a punitive element on the perpetrators and not upon the public at large.

In the absence of adequate police capacity, this may require the employment of private security operatives for the purpose of identifying the perpetrators with the support of the Police and Crime Commissioner.

There is evidence that anti-social behaviour is a growing problem and the repeated capitulation by our representatives to the detriment of the many to address a problem created by a few is not a satisfactory response. The denial of the use of the Pannier Market follows an earlier capitulation by the destruction of the Guide Hut in Rotary Gardens in response to a similar problem.

The extension of ‘alcohol free’ areas could be considered. This should perhaps apply to all parks and particularly in places that include children play areas. Currently Pilton Park is not an alcohol free area. People are permitted to consume alcohol in the park unless asked to stop by a Police officer. A pre requisite being of course that there should be a Police officer to make the request!

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2. via email 18.11.18

I disagree with the closure of the pannier market overnight. It should be kept open!

3. Barnstaple Town Centre Management (via email 12.12.18)

Further to your email regarding the Pannier Market PSPO, I can confirm on behalf of the Barnstaple TCM members, we are strongly in favour of keeping the PSPO in place for the protection of the pannier market and those that work in it day to day.

4. Devon and Cornwall Police (via email 19.12.18)

I will get back to you if we have any concerns. Take a no response as a positive!

5. Pannier Market Traders Committee (via email 31.12.18)

I write on behalf of the Barnstaple Pannier Market Traders' Committee to express our support for the proposed continuation of the above order for the next three years. It is our view that the overnight closure has worked well.. It has secured the building, reduced the amount of work and resources needed to set up stalls and cut staff, electricity and maintenance costs.

6. Via email 4.01.19

Objection to continuation of Barnstaple Pannier Market PSPO

I object to the continuation/renewal of the PSPO relating to the Pannier Market for the reasons I set out in relation to the making of the first order.

Additionally, I state that the history of your Council’s conduct of the existing order means it is wrong for there to be a renewal. The Council has shown itself unfit to perform the simple operation of keeping the doors across the highway fully open during the hours from 5am until 6pm each day, and preventing encroachment onto the highway by market stallholders during those hours. It seems to be the case that Council staff operating the market, and stallholders, are treating the order as carte blanche to restrict the highway by closing doors partially across the road, or extending stalls out into the highway as it suits them.

Shortly after the order came into operation the doors remained closed on Sunday 18th February until almost 6am. I was told this was because a member of staff had turned up late for work. There appeared to be no back up plan to cover this obvious potential problem.

From subsequent observation I photographed numerous instances of doors being drawn across the highway at times not covered by the order, and encroachments into the highway by stalls. The Council’s solicitor Ken Miles was aware of this, certainly from my meeting with him on 14th March 2018. I anticipated that he, as the Council’s Monitoring Officer and “legal guardian” would ensure there were no further infringements. Yet the obstructions and encroachments have continued. I have a series of photographs of breaches of the law taken by mobile phone, each of which is dated and timed, the last of which was 8th December 2018. My visits to the town centre are not frequent, so by extrapolation these are the tip of the iceberg.

At my request I met with Hannah Harrington (with Trevor Blatchford, solicitor) on 11th December. I made to them the points I had canvassed so many months before with Ken Miles, that the closing of doors and encroachment of stalls into the highway both constitute criminal acts – of wilful

Page 81 AgendaAgenda Item Item 15 e

obstruction of the highway. It is morally wrong for the Council as a law enforcing authority to commit criminal offences, or to allow them to be committed on its premises. Moreover, the Council has a simple means of preventing these illegalities.

In response there seemed to be a reluctance to take the simple step of fitting bolts with padlocks to the doors to ensure they stay fully open. With nominated persons as keyholders there would be full accountability. I observe there are now notices on the doors stating they must be kept open, but human nature means these will be ignored by some, particularly when wind and rain blow in. The problem is that the market was built over the highway. There is no fudging this. The Council must obey the law, just as it enforces the law against others.

I urge that if, as I accept is very likely, the Council determines to renew the order, means of locking the doors open should be installed. There should be recognition in a minute that the highway must not be obstructed by the doors or encroachment of stalls. This would provide an undertaking that, albeit belatedly, the Council intends to conduct the market in a legal manner.

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Open NORTH DEVON COUNCIL

REPORT TO: COUNCIL Date: 16th January 2019 TOPIC: HEART OF THE SOUTH WEST – JOINT COMMITTEE

REPORT BY: HEAD OF CORPORATE AND COMMUNITY

1 INTRODUCTION

1.1 On the 5th December 2017, Council approved the establishment of a Joint Committee to move forward with adoption of the Productivity Plan.

1.2 This report now provides an update on the work of the Joint Committee, deals with the budget for the Committee and also seeks authority to delegate further powers to the Joint Committee.

2 RECOMMENDATIONS That Council a) Agree to delegate the development and endorsement of the HotSW Local Industrial Strategy (LIS) to the HotSW Joint Committee (noting that final approval of the HotSWLIS rests with the HotSW Local Enterprise Partnership (LEP) and the Government); b) Note the Budget statement for 2018/19 set out in Appendix A and note that in accordance with the decisions taken at the time the Joint Committee was established the Council will be asked to make an annual budgetary provision to meet the support costs of the Joint Committee in line with the 2018/19 contribution of £1400. c) To agree the Budget and Cost-sharing Agreement set out in Appendix B to this report.

3 REASONS FOR RECOMMENDATIONS

3.1 It is essential that the local authorities contribute to the development and approval of the LIS working in collaboration with the LEP. The LIS will be a natural development of the Productivity Strategy and Delivery Plan for which the Joint Committee already has delegated authority, and therefore it would seem appropriate to formally extend this authority to the development and approval of the LIS to the Joint Committee on behalf of the constituent authorities.

3.2 It is important that the constituent authorities are kept up to date on the Committee’s budget situation and make provision for the 2019/20 budget commitment. It is also important that the Budget and Cost Sharing Agreement is

Page 83 Agenda Item 16

formally agreed by the constituent authorities as part of the Committee’s governance arrangements.

4 REPORT

4.1 As members will recall, a Joint Committee was established in January 2018 and was tasked with improving productivity and establishing a Productivity Plan.

4.2 Since then, the Productivity Strategy has been approved along with a Delivery Plan. These documents are available at https://heartofswlep.co.uk/about-the-lep/how-we- work/productivity-strategy/ and http://www.hotswjointcommittee.org.uk/wp- content/uploads/2018/10/HotSW-Draft-Delivery-Plan-October-2018.pdf

4.3 An Opportunities Prospectus has also been produced and is available at

4.4 Other work is also ongoing in relation to housing, transport and infrastructure.

4.5 The HotSW LEP has now been included within the second wave of areas to benefit from working with the Government to develop Local Industry Strategies (LIS).

4.6 LISs will focus on the foundations of productivity and identify transformational opportunities with partners across Ideas, People, Infrastructure, Business Environment and Place. The Strategy will be led by local people and businesses, allowing local leaders to harness the strengths of their own areas; ensure that the benefits of growth are realised by all; and provide the right conditions for improving the prosperity of communities throughout the area.

4.7 Ultimate approval of the LIS rests with the LEP in collaboration with the Government. The LIS guidance requires the LEP to collaborate on the development of the LIS with a range of stakeholders including the local authorities and other partners.

4.8 The LEP’s proposed timetable is to have the final LIS agreed between the LEP and the Government by June 2019. Fortunately, HotSW partners are better placed than many areas to meet this timetable as the work done by the Joint Committee and the LEP to build and test the evidence base for the Productivity Strategy and Delivery Plan has set the foundation; the LIS will be a natural extension of this.

4.9 The Joint Committee is ideally placed to provide both collective and council level input into the development of the LIS, although final approval rests with the LEP. The validity and positioning of the document would be immeasurably strengthened by the involvement and general endorsement of all the constituent authorities, and by other partners including the business community. To enable the development of the LIS to be taken forward at pace, and to demonstrate alignment with partners across the area, it is proposed that local authority input is developed, coordinated and signed off by the Joint Committee. The powers of (and delegations to) the Committee are tightly focussed around the Productivity Strategy under the current governance arrangements, so this report seeks Council approval to formally delegate the Council’s responsibilities for contributing to and signing off the HotSW Local Industrial Strategy (LIS) to the Joint Committee. The recommendations

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provide the opportunity for the Council to influence and shape the LIS as well as provide content.

4.10 In relation to the budget, Appendix 1 sets out the current budget situation. This shows a current budget underspend but it is anticipated that the Council will be asked to contribute the same amount as last year, £1400, towards the budget for 19/20.

4.11 When the Joint Committee was set up, it was anticipated that a Budget and Cost Sharing Agreement would be entered into between the parties. A simple draft agreement is attached as part of the Appendix A.

5 RESOURCE IMPLICATIONS

5.1 This report has no major resource implications, although Council will be asked to set allocate £1400 towards the Joint Committee as part of the budget setting process..

6 CONSTITUTIONAL CONTEXT

Article or Appendix Referred or and paragraph delegated power?

Part 3 Annexe 4 Delegated

7 STATEMENT OF CONFIDENTIALITY

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

8 BACKGROUND PAPERS

8.1 The following background papers were used in the preparation of this report : o Proforma report and Draft inter-Authority Agreement

The background papers are available for inspection and kept by the author of the report. 9 STATEMENT OF INTERNAL ADVICE

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

Author: Ken Miles Date:

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Appendix A

BUDGET STATEMENT – 2018/19

Costs At the time the Joint Committee was established it was estimated that its operating and support costs for 2018/19 (and to cover the remainder of 2017/18) would be £89,000 - excluding in-kind officer support. This estimate comprised:

1. £25,000 for work the Joint Committee would wish to commission to support the delivery of its work programme

2. £24,000 for the Brexit Resilience and Opportunities Group Secretariat

3. £40,000 for the Administering Authority to undertake its duties.

Budget

Current budget position summary:

18/19 Budget = £117k (an 18/19 Expenditure - £84.1k (as at 24/10/18) increase of £25k over the original estimate) 1. £67k - devolution budget 1 £40k - for Administrative Authority costs including: carry forward (as against direct meeting costs (including refreshments); the estimate of £42k) – staffing costs directly relating to HotSW meetings; transferred from PCC to JC communications and marketing; micro-site SCC development 2 £19k - support costs of the Brexit Resilience Opportunities Group (BROG) including seconded 2. £50k - funding part-time officer support (against an original budget contributions from the allocation of £24k) constituent authorities 3 £6k – costs of Housing Summit 4 £9.8k – housing consultancy support 5 £9.3k – national corridor infrastructure corridor consultancy support

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BUDGET AND COST SHARING AGREEMENT

As part of the new Joint Committee working arrangements, the following clause was agreed in relation to the costs of operation of the Joint Committee. This clause was in the Inter-Authority Agreement.

4.0 JC Finance

4.1 The JC’s budgetary arrangements shall be detailed in a budget and cost sharing agreement to be agreed by all the Constituent Authorities annually on the recommendation of the JC and in advance of the financial year. The only exception to this will be in the JC’s first year of operation when the JC shall recommend a budget and cost sharing agreement to the Constituent Authorities for approval at the first opportunity following its establishment.

4.2 The budget and cost sharing agreement shall cover: (a) The responsibilities of the Constituent Authorities for providing funding for the JC (b) The anticipated level of expenditure for the JC for the year ahead (c) The cost sharing mechanism to be applied to the Constituent Authorities (d) Details of how the budget will be set and agreed each year (e) Who is to be responsible for maintaining financial records on behalf of the JC (the ‘accountable body’); (f) What financial records are to be maintained; (g) What financial reports are to be made, to whom and when; (h) What arrangements and responsibilities are to be made for:  auditing accounts;  insurance including ensuring all partners have sufficient cover; (i) How any financial assets held by the JC on behalf of the Constituent Authorities will be redistributed to the CAs in the event of the dissolution of the JC or in the event of a CA formally withdrawing from the CA. How is the budget set and agreed each year? In the February preceding each financial year, in consultation with the Somerset County Council Finance Advisory Team, the SCC Strategic Manager - Partnership Governance on behalf of the PMO will detail a budget plan for the JC income and expenditure. This will establish estimated amounts for that financial year and the timing of those financial transactions. This will be submitted by the administering authority to the Joint Committee for recommendation to the Constituent Authorities (CA) for approval.

Each CA will pay their agreed contribution to the Administering Authority (AA) in a timely manner on receipt of invoice details.

Who is to be responsible for maintaining financial records on behalf of the JC? SCC Finance Advisory Team – Ian Tier, Finance Manager.

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What financial records are to be maintained? Financial records, i.e. orders for supplies and services, payments made, invoices raised and receipts, will be kept electronically on the SCC financial system. This incorporates purchase orders, invoice scans, cashiers receipts and sales invoices.

What financial reports are to be made, to whom and when? SCC Finance Advisory will present a quarterly income and expenditure report to the SCC Strategic Manager – Partnership Governance. This will be reported to the CEx Advisory Group for information. An income and expenditure report will be presented to the JC for information on at least an annual basis.

What arrangements and responsibilities are to be made for?

Auditing Accounts: The AA’s accounts and audit arrangements will apply to JC business.

Insurance: Each CA will ensure that it has sufficient insurance cover in place to provide protection for their members and officers participating in the work of the JC and in their capacity as officers or members of that authority. The AA will ensure that it has sufficient insurance cover in place to cover the AA role.

How any financial assets held by the JC on behalf of the CA will be redistributed to the CAs in the event of the dissolution of the JC or in the event of a CA formally withdrawing from the CA? Itemised records of contributions made by each of the CAs will be kept over the life of the JC. In the event of the dissolution of the JC or in the event of a CA formally withdrawing from the CA having given the required notice, financial assets will be returned to the CA or CAs on a proportionate basis

Page 88 Agenda Item 18

Open NORTH DEVON COUNCIL

REPORT TO: COUNCIL DATE: 16TH JANUARY 2019 REPORT BY: CHAIRMAN OF OVERVIEW AND SCRUTINY COMMITTEE

I gave a brief verbal report on the November meeting at the November Council meeting, here is my written report although I also recommend you look at the minutes or listen to the audio recording on our website.

Health services

The November meeting was mostly taken up by a very long and productive session questioning senior representatives of the Devon Clinical Commissioning Group (CCG), the Northern Devon Healthcare NHS Trust (NDHT, i.e the hospital), and Devon Partnership Trust (DPT, i.e adult mental health). Also questioned were representatives of SOSH, the group campaigning to maintain or even our present NHS. Torridge Councillors attended the meeting.

The most surprising revelation to me was by the Chair of the CCG who said that Care Closer to Home, the system meant to replace our closed cottage hospitals, had never been fully implemented. Nor had any data been collected on whether the bits of Care Closer to Home that had been implemented had actually worked or not. I was shocked as were other members of the committee that all the presentations and promises made to communities and councils over the last few years were empty. It seems as if the cottage hospitals were just closed to save money.

Both NDHT and DPT reported shortages of nurses caused by the government’s withdrawal of nursing bursaries. DPT reported an 9 to 10% vacancy rate over all staff in North Devon. NDHT said about 10% of their workforce was from overseas and the threat of Brexit was making it increasingly difficult to retain them, at the same time there were simply no other qualified staff to be recruited to replace them as they left. This situation looks as if it can only get worse although it is being partially addressed by closed working with the RD&E NHS Trust.

The Chief Executive of NDHT reported that the long period of continually more bed closures had come to an end with 20-30 beds being reopened at ND Hospital. However, this and other factors had resulted in a projected deficit of £12 million which isn’t sustainable.

NDHT reported that the priority services for repatriation and improvement set by the Trust’s Board are: - Maternity services.

Page 89 Agenda Item 18 - Care of the elderly. - Oncology. - Radiology. - Stroke Services. - ENT Services.

Torridge DC’s External O&S Committee met last week with the Chair of the CCG, I’ll report verbally on this at the Council meeting.

NDC Performance

The quarter 2 performance report was also considered with the main issue identified by councillors being the overspend in waste and recycling services. This was first identified in the report for the previous quarter and had deteriorated since. The Committee will continue to monitor this closely because it is the biggest and most costly service provided by NDC and effects every household.

Cllr John Patrinos Chairman O & S Committee

1

Page 90 Agenda Item 19a Licensing Committee: 4th December 2018

NORTH DEVON COUNCIL

Minutes of a meeting of the LICENSING COMMITTEE held at Brynsworthy Environment Centre, Barnstaple on Tuesday 4th December 2018 at 10.00 a.m.

PRESENT: Members:

Councillor Chesters (Chairman)

Councillors Biederman, J. Cann, Gubb, Haywood, Jones, Meadlarkin and Tucker.

Officers:

Public Protection Manager (KN), Lead Officer Licensing (HB), Senior Solicitor (TB), and Corporate and Community Services Officer (KS).

27 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Barker, Campbell, Hunt, Moore, Mathews, Wilkison and Yabsley.

28 MINUTES

RESOLVED, that the minutes of the meeting held on 9th October 2018 (circulated previously) be approved as a correct record and signed by the Chairman.

29 DECLARATIONS OF INTEREST

There were no declarations of interest announced.

30 ITEMS BROUGHT FORWARD BY THE CHAIRMAN

The Chairman invited members of the Committee and officers to stay after the meeting for refreshments.

31 ANIMAL ACTIVITIES

The Committee received a joint presentation by the Public Protection Manager and the Lead Officer Licensing regarding the Animal Welfare (Licensing of Activities involving Animals) (England) Regulations 2018.

The Public Protection Manager provided a summary of the presentation together with an overiew of the new legislation. She advised that the legislation was the most fundamental change for a number of years and the changes came into effect on 1st October 2018. She added that the fees had to be approved at very short notice to ensure that the correct licence fees were in place and that there was no time to bring the fees to the Committee prior to

1 Page 91 Agenda Item 19a Licensing Committee: 4th December 2018

agreement at Full Council. She added that the legislation was introduced as part of the Animal Welfare Act 2006 and was an important step forward in streamlining a number of previous Acts and Regulations.

She took the Committee through the main changes, which were as included:

 The regulations set out to maintain or improve welfare standards.  One generic multi-activity licence could now be issued.  Licences were not date specific.  Licences could now be issued for one, two or three years.  Greater enforcement options, with the power for the Council to revoke and suspend licences.  Keeping or training animals for exhibition was now a licensable activity.  Dog day care and wholesale pet supply formed a licensable activity.  There were no provisions for licence transfer.  The threshold for dog breeding in terms of the prescribed number of litters had reduced from five to three in any 12 month period and a business test was now prescribed.  Criteria had been amended in terms of rules for advertising, which stiplulated that the name of the licence holder followed by the number of the licence must be clearly displayed on any website used in respect of a licensable activity.  As to what fees may be charged, the authority could charge such fees as it considered reasonably necessary. The legislation stated that fees could be charged for consideration of an application for the grant, renewal or variation of a licence including any inspection related to that consideration, and for the grant, renewal of variation.  Part A fees were the direct costs of processing an application and were payable on application, and before a licence was issued.  Part B fees were payable on grant and included the ongoing costs associated with running the licensing function, including the supervision and monitoring of licensed premises and the enforcement activity for any unlicensed premises.  The previous fees were charged at a flat rate of £71.10.  Part A fees were substantially increased and Part B fees for all activities was a standard rate of £180.00 regardless of the length of the licence period.  Fees had been revised and approved by Full Council.  The first guidance for the new regulations was issued in July 2018 with further revisons issued. Work commenced in August/September 2018 to be ready for implementation on 1st October 2018 with further 80 revisions received by 3rd December 2018.  The Council must carry out an inspection of a premises prior to the renewal or grant of a licence.  Council appointed inspectors must undertake inspections of premises hiring horses for grant or renewal and dog breeding establihments alongside an appointed veterinarian.  Applicants were now required to submit more documentation than under the previous regulations.

2 Page 92 Agenda Item 19a Licensing Committee: 4th December 2018

 More indepth inspections were required.  There was a requirement for a minimum of one unannounced inspection within the term of the licence.  A risk rating scheme had been introduced together with a star rating scheme.  Businesses were rated following their intitial inspection.  The risk based system used the Department for Environment, Food and Rural Affairs (DEFRA) risk scoring table.  The length of the licence was one to three years, with star ratings being one to five.  The rating could be amended following an unannounced or additional inspection.  The legislation did not include zoos and dangerous wild animal licences and those licences were still £71.10. Those charges would be reviewed in due course.  Inspections took on average four to five hours including travel time and initially involved two Council officers to ensure consistency on risk rating, with reports taking three to four hours to write up.  Concerns were raised in relation to the impact upon the team and inadequate resources to support the workload.

The Public Protection Manager added the increase in fees had facilitated an application for a 0.5 Full Time Equivalent (FTE) employee within the Service Plan

The Lead Officer licensing took the Committee through the guidance and conditions together with the inspection and risk rating procedures. He provided an example of the scoring matrix and updated the Committee regarding the current position.

Following the presentation, the following points were discussed:

 Breeders could be monitored via kennel clubs and frequency of adverts to ascertain if a dog has had more than three litters in a 12 month period. Officers would build a knowledge base and investigate any complaints or allegations.  Parish Councils should be informed of changes in legislation so they could monitor activities within their parishes and highlight any concerns.  Rules for advertising also included the use of social media.  Officers advised that there was no statutory consultation process or advertising with regards to any public objections made to the application of a licence.  That the increase in fees and changes to legislation could lead to underground breeders and additional applications.  That all adverts would be required to display the licence number of the breeder. There was a change to the legislation in that there was no requirement for a public register to enable the public check if the licenced was being misused.

3 Page 93 Agenda Item 19a Licensing Committee: 4th December 2018

 The Committee felt that there had been inadequate consultation prior to the introduction of the legislation.  The only current Public Space Protection Order that was in place for dogs related to fouling and not dog walkers.  The legislation would allow officers to investigate allegations and complaints of unlawful dog breeding.

RESOLVED:

(a) That Parish Clerks be notified of the main changes to the legislation via letter and email to be cascaded to individual Parish Councils;

(b) That a copy of the letter be circulated to all Members;

(c) That a copy of the presentation be circulated to the members of the Committee;

(d) That the Head of Resources produce a full budget breakdown of the Licensing Team to allow the Committee to review the figures and address concerns in relation to resources within the current team;

(e) That a brief presentation be given to Full Council to make all Members aware of the changes in legislation; and

(f) That a report in relation to the licence fees for zoos and Dangerous Wild Animal licences be considered at the meeting of the Committee on 5th February 2019.

The Committee thanked the Public Protection Manager, the Lead Officer Licensing and the whole team for their continued hard work.

32 BTEC INTERMEDIATE AWARD FOR TRANSPORTING PASSENGERS BY TAXI AND PRIVATE HIRE – MONITORING REPORT

The Lead Officer Licensing advised that in the summer of 2018 the Council was advised that the training provider of the BTEC Intermediate award for transporting passengers by taxi and private hire would no longer be providing the course to obtain the qualification.

He added that following the Committee the Licensing Officer successfully located a provider from a company called People People, which was based in Plymouth but offered to come to Barnstaple to run the course when required. Three courses had been run so far with all new drivers completing the award.

In response to a question regarding the length of the agreement, the Lead Officer Licensing advised that in the longer term he would like to explore all options available to Council in terms of other providers.

4 Page 94 Agenda Item 19a Licensing Committee: 4th December 2018

RESOLVED, that the update be noted.

The Committee thanked the Lead Officer Licensing for the update.

33 REQUEST FOR INCREASE TO COUNCIL’S HACKNEY CARRIAGE FARES

The Lead Officer Licensing advised that there had been a request to increase the Council’s Hackney Carriage fare tariff.

The Lead Officer Licensing advised that a letter had been received in October 2018 requesting an increase to the Council’s Hackney Carriage fares. He had responded requesting a list of names of the hackney carriage drivers in support of the request, which was subsequently provided.

The Public Protection Manager advised that a review of the policy was required considering at present it made reference to an annual review date.

RESOLVED:

(a) That a report in relation to the review of the Hackney Carriage fare be considered at the meeting of the Committee on 5th February 2019; and

(b) That a copy of the correspondence received be circulated to the Committee for information.

34 RECORDING OF MEETINGS

The Chairman addressed the Committee regarding the recording of future meetings and sought views in relation to the recording of all future meetings.

RESOLVED, that all future meetings of the Committee not be recorded.

35 LICENSING SUB-COMMITTEES

RESOLVED that the minutes of the meetings of the following Licensing Sub-Committees (circulated previously) be approved as correct records and signed by the Chairmen of the Sub- Committees:

(a) Licensing Sub-Committee D: 27th September 2018.

(b) Licensing Sub-Committee E: 12th November 2018.

36 WORK PROGRAMME/FORWARD PLAN

The Committee considered the work programme (circulated previously).

5 Page 95 Agenda Item 19a Licensing Committee: 4th December 2018

RESOLVED:

(a) That the work programme be noted;

(b) That the review of the Hackney Carriage fares be added to the work programme for the meeting scheduled on 5th February 2019;

(c) That a report in relation to the licence fees for zoos and Dangerous Wild Animals (DWA) be considered at the meeting of the Committee on 5th February 2019; and

(c) That the Head of Resources produce a full budget breakdown of the Licensing Team to allow the Committee to review the figures and address concerns in relation to resources within the current team.

The Chairman thanked the Committee and Officers for their support over the 12 month period.

Chairman The meeting ended at 12.20 p.m.

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

6 Page 96 Agenda Item 19b Ilfracombe Harbour Board: 13th November 2018

NORTH DEVON COUNCIL

Minutes of a meeting of the ILFRACOMBE HARBOUR BOARD held at the Ilfracombe Centre, Ilfracombe on Tuesday 13th November 2018 at 2.00 p.m.

PRESENT: Members:

Councillor Fowler (Chairman)

Councillors Campbell, Crabb and Meadlarkin.

Co-opted Members:

Mr Cleary, Captain Joint and Mr Knill.

Officers:

Chief Executive, Harbour Master and Senior Corporate and Community Services Officer (BT).

Also Present:

Mr Raybone

25 APOLOGIES FOR ABSENCE

Apologies for absence were received from Mr Kift.

26 MINUTES

RESOLVED that the minutes of the meeting held on 14th August 2018 (circulated previously) be approved as a correct record and signed by the Chairman.

27 ITEM BROUGHT FORWARD BY THE CHAIRMAN

(a) Ilfracombe Harbour Board Workshop

The Chairman advised that a workshop would be held in December 2018/January 2019 to review the consultants’ reports that had been received previously regarding the future of the Harbour and plans for a breakwater in preparation for future discussions with the Environment Agency. Possible dates would be circulated shortly.

1 Page 97 Agenda Item 19b Ilfracombe Harbour Board: 13th November 2018

28 DECLARATIONS OF INTEREST

The following declarations of interest were announced:

Councillor Campbell All items – personal interest as undertook occasional work for Landmark Trust (Lundy Island)

Councillor Fowler All items – personal interest as a boat owner.

Mr Knill All items – personal interest as a boat owner, members of the Ilfracombe Yacht Club and secretary of YSail.

29 ILFRACOMBE HARBOUR CHARGES REVIEW

The Board considered a report by the Harbour Master (circulated previously) regarding a review of the charges for the Ilfracombe Harbour.

The Harbour Master advised that she had consulted with other South West ports and the charges even with an increase were significantly lower than other harbours. The facility for the storage of kayaks and dinghies would be made more secure for insurance purposes. There was currently a waiting list for storage of kayaks. Insurance documents would be checked prior to issuing permits for kayaks.

RECOMMENDED that most charges for the Ilfracombe Harbour be increased by 2.7% for 2019-20 and that after an extensive investigation of South West storage fees that the dinghy/kayak charges be increased to better reflect the value of the amenity subject to public consultation.

30 ILFRACOMBE HARBOUR BUSINESS AND MARINE SAFETY PLAN 2019/22

The Board considered the Ilfracombe Harbour Business and Marine Safety Plan 2019/22 incorporating Annual report 2018 (circulated previously).

The Board discussed the proposed amendments, noted that the Action points relating to the Objective numbers and those actions proposed to be removed.

The Harbour Master advised that she would provide a presentation regarding the replacement of the pier kiosks project at the workshop. Council on 21st November 2018 would consider the recommendation of the Executive regarding the request for capital funding. Consultation had been undertaken with the operators and expressions of interest had been received from all operators. Advertising on the harbour would be reviewed to provide clear guidelines on allowable advertising for the Harbour and provide a new revenue stream.

The Chief Executive outlined the income/expenditure spreadsheet for 2017/18 and budget for 2018/19 to the Board.

2 Page 98 Agenda Item 19b Ilfracombe Harbour Board: 13th November 2018

The Harbour Master advised that performance indicators L293 and L296 would be reviewed to ensure that the target was realistic. She advised that the Risk Assessment was up to date, the SWOT analysis had been unchanged and summarised the incidents and near misses that had occurred.

RESOLVED that the revised Ilfracombe Harbour Business and Safety Plan 2019/22 incorporating the Annual report 2018 be adopted.

31 DESIGNATED PERSON AUDIT REPORT

The Chief Executive provided the Board with an update following the quarterly designated person audit undertaken on 25th October 2018 (circulated previously) in respect of the actions undertaken following the previous audit inspection, risk management and conclusions reached.

In response to a question, the Harbour Master confirmed that the fuel tanks were fully bunded, approved and insured.

32 PORT MARINE SAFETY CODE

The Harbour Master provided an update to the Board on the Port Marine Safety Code which included the following:

• Jet skis came under the remit of the Port Marine Safety Code. The Harbour Master had recently attended a British Ports Association seminar regarding responsibility of duty holders and the Port Marine Safety Order. She would circulate a copy of the presentation by the British Ports Association to the Board. • Alcohol limits – the enforcement of alcohol consumption for non-professional mariners came under the jurisdiction of the Police. The Harbour Master had the authority to detain persons considered to be under the influence of alcohol in the harbour however prior approval from the Police was required. • Organisation structure for the Code needed to be reviewed to clarify roles.

The Chief Executive confirmed that the responsibility of health and safety for the harbour rests with the Council.

33 HARBOUR MASTER UPDATE

The Harbour Master provided an update to the Board as follows:

• CCTV cameras – there had been a number of incidents which had occurred in the harbour area such as vandalism and break-ins. There were issues with the quality of the recording of the current CCTV system. There were also issues nationally whereby criminals were focussing their activities in harbour areas. There was a need to procure a new system. The Fishing Amateur European Maritime Fund had a new funding stream for harbour infrastructure which included security lighting, CCTV, ladders for safe access, landing davits and fendering systems. The Fishermen’s Association has agreed in principle 3 Page 99 Agenda Item 19b Ilfracombe Harbour Board: 13th November 2018

to apply for funding, however there would be a need to appoint a consultant to prepare the bid. The Harbour Master would find out costs for employing a consultant and report back to the findings to a future meeting of the Board. • The Harbour Master had made contact with someone who was able to produce a laser scan of the fending of the south pier. A scan could be undertaken for the pier, harbour and structure walls. This would assist in planning for future works.

34 HARBOUR FORUM UPDATE

The Board considered the notes of the Ilfracombe Harbour Community Forum held on 16th October 2018 (circulated previously and tabled).

The Harbour Master advised that the ownership of the steps by S & P fish shop was unknown, however the Council could put a handrail in place. She suggested that the constitution of the Forum could be reviewed to re-educate people of the purpose of the Forum and encourage other representatives to attend.

Chairman The meeting ended at 3.30 p.m.

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

4 Page 100 Agenda Item 19d Planning Committee: 14th November 2018

NORTH DEVON COUNCIL

Minutes of a meeting of the PLANNING COMMITTEE held at the Rugby Club, Barnstaple on Wednesday 14th November 2018 at 10.00 a.m.

PRESENT: Members:

Councillor Ley (Chairman)

Councillors Bonds, Chesters, Crabb, Edmunds, Edgell (substitute for Councillor Yabsley), Fowler, Gubb, Lane, Leaver, Prowse, Spear, Tucker and Worden.

Officers:

Lead Planning Officer (BP), Senior Planning Officer (TB), Solicitor (DH), Senior Lead for Environmental Protection (AC) and Senior Corporate and Community Services Officer (BT).

Also Present:

Highways Officer (PY) Devon County Council

59 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Croft, Flynn and Yabsley (substitute appointed Councillor Edgell).

60 MINUTES

RESOLVED that the minutes of the meeting held on 10th October 2018 (circulated previously) be approved as a correct record and signed by the Chairman.

61 DECLARATIONS OF INTEREST

The following declarations of interest was announced:

Councillor Worden Planning application 63167: Personal interest as he knew some of the objectors.

1 Page 101 Agenda Item 19d Planning Committee: 14th November 2018

62 63167: DEMOLITION OF EXISTING HOTEL, ERECTION OF 23 DWELLINGS, FORMATION OF NEW PUBLIC OPEN SPACE, EXTENSION TO EXISTING CAR PARK, ERECTION OF CAFÉ AND WC BLOCK AND ASSOCIATED LANDSCAPING, DRAINAGE AND HIGHWAY WORKS (AMENDED PLANS AND DOCUMENTS)(REVISED INFORMATION)(ADDITIONAL INFORMATION), LEE BAY HOTEL, LEE, ILFRACOMBE, EX34 8LR

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

The Lead Planning Officer provided an update following the deferral of the application at the meeting of the Committee on 10th October 2018. He advised that since the publication of the agenda, a further 11 additional letters of objection had been received which raised no new issues. An email had been received from the agent on 12th November 2018, which had been circulated to all Members of the Committee via email on 13th November 2018 which requested that the Committee defer consideration of the application to allow the viability review process to be finalised and re-consulted upon. He read the contents of the email to the Committee. He recommended that consideration of the application be deferred for maximum of three cycles and that it be brought back to the committee prior to that date if possible.

The Chairman asked whether those persons registered to address the Committee still wished to speak in light of the officer’s recommendation.

Alan Bannister (objector) addressed the Committee.

RESOLVED (unanimous) that consideration of the application be DEFERRED for maximum of three cycles and that it be brought back to the committee prior to that date if possible.

63 64059: RETROSPECTIVE APPLICATION FOR SITING OF FOUR CONCRETE PADS & ERECTION OF TWO MOBILE POULTRY HOUSES WITH TWO FEED SILOS (PADS 1 - 4) OAKLANDS POULTRY FARM (PT HILLANDS) EAST ANSTEY EX36 3PH

64060 RETROSPECTIVE APPLICATION FOR SITING OF FOUR CONCRETE PADS & ERECTION OF TWO MOBILE POULTRY HOUSES WITH TWO FEED SILOS (PADS 5 -8)

64061 RETROSPECTIVE APPLICATION FOR SITING OF FOUR CONCRETE PADS & ERECTION OF TWO MOBILE POULTRY HOUSES WITH TWO FEED SILOS (PADS 9 – 12)

64062 RETROSPECTIVE APPLICATION FOR SITING OF FOUR CONCRETE PADS & ERECTION OF TWO MOBILE POULTRY HOUSES WITH TWO FEED SILOS (PADS 13 - 16)

2 Page 102 Agenda Item 19d Planning Committee: 14th November 2018

64063 RETROSPECTIVE APPLICATION FOR SITING OF FOUR CONCRETE PADS & ERECTION OF TWO MOBILE POULTRY HOUSES WITH TWO FEED SILOS (PADS 17 - 20)

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

Kevin Bateman (supporter), Mike Bellamy (supporter), Councillor Ian Vigus (East Anstey Parish Council representative), Helen Pearce (objector), Lucie Moore (objector), Heather Warne (objector), Ian Bew (objector) and Councillor Reg Howe (representing Knowstone Parish Council) addressed the Committee.

In response to a question, the Senior Planning Officer confirmed that planning application 62753 for the construction of an agricultural building for rearing young poultry had been granted under delegated powers in 2017.

In response to questions, the Senior Lead for Environmental Protection referred to the consultation response contained within the report. He had requested that the applicant submit detailed information on how waste would be managed in the form of a Manure and Fly Management Plan. The applicant had now provided a Plan which set out ways to minimise the environmental impact and he was satisfied with the contents of the plan. He was unaware of details as to how the applicant was disposing of the waste.

The Senior Planning Officer confirmed that the waste was not being spread on the site.

The Chairman advised that the agent had confirmed at the site inspection on 7th September 2018 that the waste was being transported to Bishops Tawton.

In response to questions, the Senior Lead for Environmental Protection advised that if any complaints were received in relation to odour from the transfer of waste, they would be investigated under the statutory nuisance regime. He suggested that the containers used for the transfer of chicken waste could be enclosed to minimise complaints regarding odour. The Environment Agency had made no comment on the application. He confirmed that a number of complaints had been received from residents at Blackerton regarding odour and flies. These complaints had been investigated. One particular complaint related to a neighbouring farmer spreading chicken waste on a field. The management controls in place were considered to be acceptable. All complaints had now been closed and the residents had been advised. If there were any other issues, the residents had been advised to contact Environmental Health. There were currently no other statutory complaints. The consultation response submitted was based on information provided by the applicant and on professional judgement on larger developments in other parts of the country where the poultry units were closer to residential properties.

In response to questions, the Highways Officer advised that the starting point for considering visibility from a site was based on an increase in traffic movement and change in character of traffic to be generated. It was difficult to quantify the traffic 3 Page 103 Agenda Item 19d Planning Committee: 14th November 2018

movements currently. There was little control that could be placed in planning terms as to where the removal of waste was transported and the delivery of food stuff. It would be difficult to enforce the routes of vehicles to and from the site. It was recognised that there would be some increase in traffic movements, however the applicant had stated it would be minimal. The B3227 was a fast, free flowing class 2 county road. There was a need to consider the number of accidents and the potential increase. The element of risk for an accident would be serious or fatal due to the nature of the road and slow moving vehicles. The applicant had been requested to undertake a formal speed assessment. From the top 85 percentile of speeds, it had been calculated that the fixed design speed was 56mph. Following this assessment the appropriate level of guidance had been considered by the County Highways Department. The Manual for Streets Guide requires visibility of 160 metres in each direction. However, it was not considered appropriate to rely upon this guidance in relation to this application. Instead, the Highways Officers advised that the Design Manuel for Roads and Bridges which requires visibility of 215 metres in each direction was considered to be the minimal acceptable standard. Although improvements had been made to the visibility, there were still significant shortfalls in the level of visibility. An increase in traffic would generate additional risk to the sub-standard visibility. He confirmed that a traffic count had not been undertaken as it was not considered necessary.

In response to a question, the Senior Planning Officer advised that it was not considered that the site was located in a Sites of Special Scientific Interest (SSSI) impact risk zone, therefore Natural England had not been consulted. The proposed development had been screened and was not subject to Environmental Assessment.

In response to questions, the Solicitor advised that the loss of the delivery of affordable housing in relation to application 55662 could potentially be a material consideration if it can be shown that the development would have an impact on the value of the open market dwellings which could then impact upon the delivery of the affordable housing. However, there was currently no evidence available to support this assertion.

In response to a question, the Senior Planning Officer confirmed that condition 5 would require an ecological impact assessment to be undertaken prior to any works being undertaken to the visibility splays.

RESOLVED (unanimous) that the applications be DEFERRED for a maximum of three cycles to enable the Head of Place to:

(a) Obtain evidence regarding whether the applications would have an impact on the viability of planning application 55662;

(b) Have the opportunity to investigate how and where waste was being transported;

(c) Check whether the site was in a SSSI Impact Risk Zone.

4 Page 104 Agenda Item 19d Planning Committee: 14th November 2018

The Committee requested that when the applications were reconsidered that the location plan identify each planning application and measurements of distances between the site and residential properties at Blackerton.

64 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.

65 65312: FLOOD DEFENCE IMPROVEMENT WORKS COMPRISING THE PART REMOVAL AND REPLACEMENT OF A FLOOD WALL ALONG THE SOUTHERN BANK OF THE RIVER TAW, OPEN SPACE, BARNSTAPLE

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

Mark Cullen (agent) addressed the Committee.

Following questions, the Senior Planning Officer advised that she would liaise with the applicant regarding the type of material used for the finish on the flood wall due to the concern raised that use of render would encourage graffiti.

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

66 65329: LISTED BUILDING APPLICATION FOR THE INSERTION OF AN EXPANDING FOAM SEAL ON THE WEST, EAST SIDE AND THE JUNCTION OF THE PROPOSED NEW FLOOD DEFENCE WALLS, LONG BRIDGE, THE SQUARE, BARNSTAPLE

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.

67 65497: CONVERSION OF AGRICULTURAL BUILDING TO FORM LIVE/WORK UNIT (PART RETROSPECTIVE), DEER HAVEN, GREEN LANE, SWIMBRIDGE, BARNSTAPLE, EX31 0FF

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

5 Page 105 Agenda Item 19d Planning Committee: 14th November 2018

Maria Bailey (agent) and Tamar Venner (on behalf of the applicant) addressed the Committee.

In response to a question, the Senior Planning Officer confirmed that the application did not meet the requirements of Policy DM27 within the Joint Local Plan.

RESOLVED (7 for, 4 against and 0 abstained) that the application be DEFERRED for one cycle pending a report to be prepared by the Head of Place outlining the implications associated with taking a decision against the officer’s recommendation.

Chairman The meeting ended at 12.49 p.m.

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

6 Page 106 Agenda Item 19da Planning Committee: 12th December 2018

NORTH DEVON COUNCIL

Minutes of a meeting of the PLANNING COMMITTEE held at the Rugby Club, Barnstaple on Wednesday 12th December 2018 at 10.00 a.m.

PRESENT: Members:

Councillor Ley (Chairman)

Councillors Bonds, Chesters, Croft, Flynn, Gubb, Lane, Leaver, Mackie (substitute for Councillor Edmunds), Prowse, Spear, Tucker and Worden.

Also Present:

Councillor Luggar

Officers:

Head of Corporate and Community, Lead Planning Officer (JW), Senior Planning Officer (TB), Lead Planning Policy Officer (AA) and Senior Corporate and Community Services Officer (BT).

68 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Edmunds and Yabsley. Councillor Mackie had been appointed as a Substitute Member for Councillor Edmunds.

69 MINUTES

RESOLVED that the minutes of the meeting held on 14th November 2018 (circulated previously) be approved as a correct record and signed by the Chairman.

70 DECLARATIONS OF INTEREST

The following declarations of interest was announced:

Councillor Lane Planning application 65685: Disclosable pecuniary and prejudicial interests as the applicant.

71 65497: CONVERSION OF AGRICULTURAL BUILDING TO FORM LIVE/WORK UNIT (PART RETROSPECTIVE), DEER HAVEN, GREEN LANE, SWIMBRIDGE, BARNSTAPLE. EX32 0FF..

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

1 Page 107 AgendaAgenda Item Item 19d a Planning Committee: 12th December 2018

Maria Bailey (agent), Steve Bird (applicant) and Tamar Venner (applicant’s partner) addressed the Committee.

Councillor Luggar (Ward Member) addressed the Committee.

In response to a question, the Lead Planning Officer explained how the judgements had been reached against each criteria within policies ST10, DM05, DM14 and DM27 of the adopted Local Plan. She confirmed that no enforcement action had been taken on the unauthorised change of use from an agricultural building to an industrial use pending the result of the part retrospective planning application.

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

72 65685: ERECTION OF AGRICULTURAL BUILDING, LAND OFF BIRCH ROAD, LANDKEY.

Councillor Lane declared a Disclosable Pecuniary and Prejudicial interest in the above application and left the meeting.

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

In response to a question, the Lead Planning Officer advised that as the site was located within 25 metres from a classified road, it was a full planning application and there would be no permitted development rights.

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

Chairman The meeting ended at 10.35 a.m.

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

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