Committee Agenda

Wed Sep 08 2010

Related Documents:
minutes for this agenda

A meeting of the Cabinet will be held on the above date at 10.30am at County Hall, Exeter to consider the following matters.


Chief Executive



1. Apologies for Absence

2. Minutes of the meeting of the meeting held on 14 July 2010 (previously circulated).

3. Items Requiring Urgent Attention

Items which in the opinion of the Chairman should be considered at the meeting as matters of urgency.

4. Chairman s Announcements

5. Question(s) from Members of the Council



Key Decisions

6. Budget Monitoring 2010/11

Report of the Director of Finance (CR/10/82) on the position at Month 4, attached (Page 9).

7. Policy for Highway Winter Service (Minutes 115/13 January 2010 227/14 July 2010)

Report of the Executive Director of Environment, Economy Culture (EEC/10/168/HQ) on proposed amendment of the winter policy service incorporating the response to Scrutiny Committees Severe Weather Task Group Reports, attached (Page 12).

Electoral Division(s): All

8. OFSTED Inspection - June 2010

Report of the Executive Director of Children Young People s Services (CY/10/76) on the outcome of the unannounced inspection of Devon s Contact, Referral and Assessment arrangements, attached (Page 116).

Electoral Division(s): All


9. Future Business Model for Devon Catering and Cleaning Services

Report of the Executive Director of Children Young People s Services (CY/10/75) on a proposed new model for Devon Catering and Cleaning Services. To follow.

Electoral Division(s): All


10. Question(s) from Members of the Public

11. Minutes of Committees

Children s Trust Board - 29 June and 21 July 2010 (Special Meeting) (Page 121);

Schools Forum - 30 June 2010 (Page 132);

Devon Strategic Partnership Board - 9 July 2010 (Page 141);

Farms Estate - 15 July 2010 (Page 146);

Devon and Exeter Rail Working Party - 22 July 2010 (Page 151).

12. References from Committees

(a) Policy Resources Scrutiny Committee Coroners Service

The Policy Resources Scrutiny Committee at its meeting on 6 July 2010 (Minute 69(f)) received an update on Mortuary Charges for the Coroners Service and suggested that the Cabinet make representations through Devon MP s in relation to the cost of this service to ascertain if some of the costs could be met by Government.

Recommendation that Cabinet make representations through the Devon MP s as outlined above.

Electoral Division(s): All

(b) Exeter HATOC - Traffic Management in Paris Street

The Exeter Highways and Traffic Orders Committee at its meeting on 22 July 2010 (Minute *49) considered the report of the Area Engineer (East) (EEC/10/148/HQ) (Page 155) on the background to Cabinet s referral to the Exeter HATOC and the result of further consultation carried out by the Committee (Minute 25/1 September 2009) and recommended that the Cabinet be recommended that no alterations be made to the traffic management arrangements in Paris Street, Exeter at this time; and (b) that the matter be subject to annual review


(a) that the Cabinet accepts the views of the HATOC and that in light of the results of the consultations undertaken no alterations be made to the traffic management arrangements in Paris Street, Exeter at this time;

(b) that the Exeter HATOC be asked to keep the issue under review dependent on progress with development in the area; and

(c) Exeter City Council be advised of the Cabinet s decision.

Electoral Division(s): All in Exeter

(c) Exeter Locality (County) Committee - Children and Young People s Services: In Year Reduction to Area Based Grants (Min *45)

The Exeter County Committee considered the report of the Executive Director of Children Young People s Services (CY/10/70) on, inter alia, the implications and likely impact for services in Exeter arising from budget reductions, which had previously been considered and approved by the Cabinet on 14 July 2010. The Exeter Locality (County) Committee resolved that the Committee express its concern to the Cabinet about the implications of the cuts affecting children s services across all partner agencies and the long-term social and economic costs for example with potentially increased referrals to the youth justice system, health and other social services .

Recommendation: that the Committee be thanked for its comments and its concerns be noted.

Electoral Division(s): All in Exeter

13. Notices of Motion

(a) VAT Increase

The following Notice of Motion submitted by Councillor Spence has been referred to the Cabinet for consideration and report back:

Devon County Council is concerned that the increase in VAT from 17.5% to 20% announced in the Government's June Budget will fall hardest on those least able to afford it.

that the increase in VAT will lead to higher prices for goods and services; will have a disproportionate impact on pensioners and other low income groups; and will have a severe impact on businesses, charities and community groups in Devon .

that the effect of the increase in VAT, when taken with other measures in the Budget, will be unfair to pensioners, who have not had a compensatory increase in other benefits and allowances.

That the way the VAT increase will affect pensioners and other low income groups runs counter to the Government's Coalition Agreement statement on 20 May 2010 that it would "ensure that fairness is at the heart of those decisions so that all those most in need are protected.

that the Institute of Fiscal Studies has stated the VAT increase was not "unavoidable," as the Chancellor of the Exchequer said in his Budget speech.

and Devon County Council therefore resolves:

to write to the Chancellor of the Exchequer raising concerns about the impact of the proposed VAT increase on pensioners, other vulnerable groups and businesses in Devon in particular the very serious impact on the tourist trade.

to call on the Members of Parliament representing Devon to support Devon s pensioners, businesses and wider community by voicing their opposition to this unfair increase in VAT and other reductions in benefits, such as housing benefit, which will impact most on Devon s poorest residents

The Cabinet will be aware that the General Election in May 2010 resulted in a coalition government being formed by the Conservatives and Liberal Democrats.

The new Government inherited an ever increasing national debt that had risen from 500,000,000,000 in 2006/7 to an expectation of 932,000,000,000 at the end of the current financial year 2010/11 and possibly 1,059,000,000,000 at the end of 2011/12 (budget report HM Treasury website). The doubling of the national debt in four years is unprecedented.

The Council must wait until the Autumn Treasury Statement to see exactly what cuts are coming but the increase in VAT, whilst not welcome, is undoubtedly because of the inherited problems for the current government left by the previous government.

The VAT increase will be only the first of many tax changes to be brought in by this new Government.

Recommendation: that, under the circumstances and whilst noting the views of Councillor Spence and the Labour Party, the County Council be recommended to take no action on the Notice of Motion and endorse the Cabinet s view that it is not prepared to criticise the Coalition Government of today which is grappling with the financial problems and massive national debt, created by the previous (Labour) Government 2005-10.

(b) Parking Permit Holders

The following Notice of Motion submitted by Councillor Greenslade had been referred to the Cabinet for consideration and report back

the Cabinet be requested to ban the policy whereby residential parking permit holders, who change vehicles before the balance of a permit bought for 12 expires, are charged 20 from the date they acquire a new vehicle, and refund the difference to permit holders who have already been subjected to this unfair increase .

The Cabinet may recall that the current policy for Residents Parking Schemes was approved in 2004 by the then Executive. It stated that replacement of lost or damaged permits, new permits issued part way through a period (e.g. new residents) or residents changing vehicles would be charged at the full annual rate for the particular class of permit.

The increase of permit charge from 12 to 20 is not related to the need to change a permit whenever a vehicle is changed. After a review of permit charges (which it should be noted had not been increased since 2004) it was deemed necessary to agree to a rise in the charge and the decision to increase residents parking permits from 12 to 20 was agreed by Cabinet on 10 February 2010. The rate of 20 ties in with the current cost of administering each application. The estimated average cost is 19.75, which includes staff time, the cost of maintaining software systems, the cost of permit paper and the cost of processing payments. This figure excludes the cost of enforcing the scheme.

Any new permit issued part way through a period is for a further 12 month period. It is recognised that there will be a loss to the resident in terms of the unexpired period of the permit being surrendered. However, each permit is linked to the vehicle registration. Whenever a vehicle was changed it was necessary to re-issue the permit and it would not be possible to simply transfer it across to the new vehicle. Reissuing of the permit would incur the same administration cost and current policy id that a fee will be payable each time a permit is re-issued.

There is a current review of how residents permits are administered and for potential implementation of an on-line payment system for permits.

Recommendation: that the County Council make no change to the current policy.

(c) Pay and Display in Market and Coastal Towns

The following Notice of Motion submitted by Councillor Brazil has been referred to the Cabinet for consideration and report back

With regard to the current national financial situation, combined with a huge increase in business rates, this Council will now stop the introduction of on street pay and display charges in our coastal and market towns unless specifically requested by the relevant chamber of commerce .

The Cabinet may wish to note that the attached report (EEC/10/166/HQ) (Page 163) will be presented to the Environment, Economy and Culture Scrutiny Committee on 7 September detailing progress with Civil Parking Enforcement (CPE), the introduction of pay and display in market and coastal towns and also addressed the recommendations above. The views of the Scrutiny Committee will be reported to this meeting.

Pay and Display improves the efficiency of enforcement and is designed to improve the turnover of parking spaces. Pay and display revenue is currently used to support CPE, which ran at an operational cost to the County Council of 660,000 in 2009/10, and other local transport improvements.

Following the decision of Cabinet in July 2010 to open discussions with market and coastal Town and District Councils along with local members with a view to identifying areas for the implementation of on street Pay and Display at the earliest opportunity, officers have met with Local Members and Towns Councils in several locations. It is anticipated that this will result in 4 schemes going live over coming months which will aid with enforcement of restrictions in those locations.

Progress in implementing new schemes has been slower than expected. Significant delay has been encountered in discussing and shaping proposals with town councils prior to advertising. It is recommended that this approach is changed to a more streamlined process of advertising proposals in consultation with Cabinet Member and local Member. The responses received from Town Councils, the local Chamber of Commerce and local residents can be considered following advertisement. The final scheme would then be implemented taking these views into account. A programme of proposals, with an emphasis on coastal towns and larger market towns, is being developed for advertisement during the second half of 2010.

In recognition of the economic circumstances alluded to in the Notice of Motion, consideration is being given to introducing new town centre pay and display on the basis of free parking for the first 30 minutes, where appropriate.

Recommendation: that the County Council re-affirm the introduction of pay and display in market and coastal towns should be progressed as soon as practicable in line with the above.

Electoral Division(s): All

14. Delegated Action/Urgent Matters

The Registers of action taken under the urgency provisions or delegated powers will be available for inspection at the meeting. The schedule of decisions taken by Cabinet Members since the last meeting is attached (Page 170).

15. Forward Plan

In accordance with the Council s Constitution, the Cabinet is requested to review the list of forthcoming business (previously circulated) and to determine which items are to be defined as key decisions and included in the Forward Plan for the period 1 October 2010 31 January 2011. The Forward Plan is available on the Council's website at


16. Exclusion of the Press Pubic

Recommendation: that the press and public be excluded from the meeting for the following items of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of the Act, namely information relating to the financial or business affairs of the Morwellham and Tamar Valley Trust and the County Council and, in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Key Decision

17. Tamar Valley Mining Heritage Project (Minute *19 /21 July 2009)

Joint Report of the Executive Director of Environment, Economy Culture, the Director of Finance and the County Solicitor (EEC/10/169/HQ), circulated separately, GOLD paper.

Electoral Division(s): All


Notice of the decisions taken by the Cabinet will be sent by email to all Members of the Council within 2 working days of their being made and will, in the case of key decisions, come into force 5 working days after that date unless 'called-in' or referred back in line with the provisions of the Council's Constitution. The Minutes of this meeting will be published on the Council's website, as indicated below, as soon as possible.

Members are reminded that Part II Reports contain exempt information and should therefore be treated accordingly. They should not be disclosed or passed on to any other person(s). Members are also reminded of the need to dispose of such reports carefully and are therefore invited to return them to the Committee Secretary at the conclusion of the meeting for disposal


Councillors Hart (Chairman), Barker, Channon, Clatworthy, Croad, Davis, S Hughes, Leadbetter and Mumford .

Cabinet Member Remits

Councillors Hart (Policy Corporate), Barker (Adult Community Services), Channon (Schools Skills), Clatworthy (Finance Property), Croad (Environmental Regulatory Services), Davis (Children s Health Well Being), S Hughes (Highways Transportation), Leadbetter (Workforce, Performance Communications and Cabinet Liaison Member for Exeter) and Mumford (Economic Regeneration and Strategic Planning)

Declaration of Interests

Members are reminded that they must declare any interest they may have in any item to be considered at this meeting, prior to any discussion taking place on that item.

Access to Information

Any person wishing to inspect the Cabinet Forward Plan or any Reports or Background Papers relating to any item on this agenda should contact Mr Hooper on 01392 382300. The Forward Plan is published on the County Council's website at

Agenda and minutes of the Cabinet are published on the Council s Website at

Webcasting of Meetings

The proceedings of this meeting may be recorded for broadcasting on the internet via the County Council s website Information Devon . The whole of the meeting will be broadcast apart from any confidential items which may need to be considered in the absence of the press and public. For more information go to:

Questions to the Cabinet/Public Participation

A Member of the Council may ask the Leader of the Council or the appropriate Cabinet Member a question about any subject for which the Leader or Cabinet Member has responsibility.

Any member of the public resident in the administrative area of the county of Devon may also ask the Leader a question upon a matter which, in every case, relates to the functions of the Council. Questions must be delivered to the Office of the Chief Executive Directorate by 12 noon on the fourth working day before the date of the meeting. For further information please contact Mr Hooper on 01392 382300.

Copies of this Agenda and/or Reports may be made available in other formats (e.g. large print, audio tape, Braille or other languages). Please contact the Information Centre on 01392 380101 for more information.


8 September 2010

Schedule of CABINET MEMBER Decisions taken since previous meeting

Cabinet Remit

Matter for Decision

Effective Date

Environmental Regulatory

Approval to ratify a new Partnership Agreement for the Jurassic Coast World Heritage Site Partnership and to endorse a new Funding Agreement between Dorset and Devon County Councils

3 August 2010

Approval for the provision of new Recycling Centre for the Cullompton area. Approval sought for

Scheme and approval to proceed. In addition, approval sought to enter into negotiations and also a legally binding contract with the site developer.

3 August 2010

Finance Property

Capital Programme 2010/11 and Contract Matters (Fin 439)

23 July 2010

Capital Programme 2010/11 Contract Matters (Fin 440)

23 August 2010

Highways Transportation

Approval for works to commence on the drainage, and wash down, and welfare facilities at Fordton Highways Salt Depot. Crediton

4 August 2010

Scheme approval for construction of a footway/cycleway bridge at Pilton, Barnstaple,

17 August 2010

Approval to submit a planning application and also to undertake land negotiations and land acquisition in relation to the proposed Foot/Cycle Crossing at Fishers Mill, Topsham

27 August 2010

Schools Skills

Approval of school term dates for Devon schools for the 2011/2012 academic year

13 July 2010

Approval to consult on the possible closure of Broadwoodwidger Primary School for implementation on 31 August 2011

4 August 2010

Approval to publish a revocation notice (for determination by the Adjudicator) to withdraw from the previously agreed move (and corresponding changes) of Mill Water Special School in Honiton. (revocation on the basis that the school will continue on existing site until an alternative site has been consulted upon and reaches satisfactory conclusion through the statutory process)

Also approval to consult on the prospect of relocating Mill Water School, Honiton to share part of the Manor independent school site in Honiton and approval to proceed to the next stage of issuing a public notice (providing there are no materially significant objections to the proposal during the consultation stage)

16 August 2010

Approval to consult on the proposal to make an enlargement to Wilcombe (Community) Primary School, Tiverton, from 1 September 2011 and approval for the publication of a public notice (providing no materially significant objections at the consultation stage)

16 August 2010

Approval to consult and to issue a public notice on the proposal to enlarge Clyst Heath Primary School, and proceed to the next stage of issuing a Public Notice (providing no materially significant objections during the consultation stage.

19 August 2010

Approval to undertake statutory process for alterations to Marland Special School; to establish a permanent off site BESD (Behaviour, Emotional and Social Difficulty) 25 day place centre in Barnstaple, change the age range and enlarge the capacity of the main school site at Torrington, and, to modify the implementation date for the recently approved temporary off site BESD provision at Clearwater House, Bideford.

19 August 2010

Approval of the resolution relating to amending the constitutional document of South West Grid for Learning

1 September 2010

The Register of Cabinet Member decisions will be available for inspection at meetings of the Cabinet or, at any other time, in the Committee Secretariat Members Services Unit,

Chief Executive's Directorate, during normal office hours.

Date Published: Thu Sep 02 2010