Cabinet (Agenda) - Wed Nov 14 2012

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

P NORREY

Chief Executive

A G E N D A

PART I - OPEN COMMITTEE

1. Apologies for Absence

2. Minutes of the meeting held on 10 October 2012 (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

The Cabinet may wish to note that the County Council has successfully achieved the standards required to be awarded the SW Charter for Member Development at Charter plus level; the assessors having acknowledged that Member Development was embedded within the organisation.

5. Petitions

6. Question(s) from Members of the Council

Key Decisions

7. Budget Monitoring 2012/13

Report of the County Treasurer (CT/12/46 - text only | pdf CT/12/46) on the position at Month 6, attached (Page 7)

Electoral Division(s): All

8. Business Rate Pooling

Report of the County Treasurer (CT/12/51 - text only | pdf CT/12/51) on proposed arrangements for a Business Rate pool with all other Devon Council s, attached (Page 10).

Electoral Division(s): All

9. Estates Strategy 2012-2017

Report of the Head of Business Strategy Support (BSS/12/20 - text only | pdf BSS/12/20) on the adoption of the proposed Estate Strategy, attached (Page 14).

Electoral Division(s): All

10. Schools Basic Need Major Projects 2012-2013 and 2013-14

Joint Report of the Head of Planning, Transportation Environment and County Treasurer (PTE/12/77 - text only | pdf PTE/12/77), attached (Page 18).

Electoral Division(s): All

11. Highways Winter Service

Report of the Head of Highways Traffic Management (HTM/12/68 - text only | pdf | supplementary information HTM/12/68) on the review of service and consequential proposed amendments to service provision, attached (Page 22).

Electoral Division(s): All

12. Devolved Major Transport Scheme Funding Proposals for Local Transport Board

Report of the Head of Planning, Transport Environment (PTE/12/78 - text only | pdf PTE/12/78) on proposed arrangements for the administration of major scheme funding, attached (Page 32).

Electoral Division(s): All

13. Combined Heat and Power Network including District Heating

Report of the Head of Capital Development Waste Management (CDW/12/30 - text only | pdf CDW/12/30) on a proposed policy for the development of Combined Heat and Power Networks, attached (Page 37).

Electoral Division(s): All

14. Local Levy and Flood Risk Funding

Joint Report of the Head of Planning, Transport Environment and County Treasurer (PTE/12/79 - text only | pdf PTE/12/79) on a proposed approach to the funding of flood and coastal risk management through a Local Levy, attached (Page 52).

Electoral Division(s): All

OTHER MATTERS

Nil

STANDING ITEMS

15. Question(s) from Members of the Public

16. Notices of Motion (County Council Minute 169/26 July 2012)

The following Notices of Motion submitted to the County Council, by the Councillors shown below, have been referred to the Cabinet for consideration and report back:

(a) Affordable Housing (submitted by Councillor Brazil)

This Council is disappointed with the Government s recent proposed changes to planning legislation and specifically with reference to affordable housing; rather than reducing the amount of affordable housing the Government should be increasing the number. The Council will write to the housing minister voicing our concerns and asking him to halt the proposals

Recommendation:

(i) that, while the concerns expressed by Councillor Brazil over the delivery of affordable housing in Devon are recognised and understood, the County Council be advised that the challenge for local authorities such as this Council is a wider one namely how to secure the delivery all of the critical infrastructure necessary to ensure that development, including housing, can be brought forward; in future this will require the effective use of funding available from the New Homes Bonus and Community Infrastructure Levy regimes and against that background there will also need to be a real adjustment in development land values, an adjustment that recognises the real costs of delivering both critical infrastructure and affordable housing;

(ii) that in light of the above the County Council be recommended to taken no further action on the Notice of Motion.

(b) Elizabeth Hall, Exmouth (submitted by Councillor Wragg)

that this Council adds its support, in principle, to that of Exmouth Town Council in supporting the Friends of Elizabeth Hall, Exmouth in their efforts to acquire the Elizabeth Hall for community use

Recommendation: that, acknowledging that this is ultimately a matter for East Devon District Council to determine, the County Council be advised that it would be inappropriate to express a view, or intercede, in this matter one way or another.

17. References from Committees

Mid Devon HATOC - Progress Report on Crediton and Tiverton Cycle Paths

The Mid Devon HATOC at its meeting on 22 October 2012 (Minute *88) discussed the need for a safe cycling route between Crediton and Exeter for both commuter and recreational use and resolved that the Cabinet be requested to prioritise a safe cycle path project between Crediton and Exeter in view of the strong local support, potential high use by commuters as well as recreational users and other clear economic and environmental benefits;

Recommendation: that the views of the HATOC be noted and, as previously advised, the Cabinet re-iterate that the provision of a suitable scheme for this route will be examined in detail in the next programme, for the period 2015 to 2017.

18. Minutes

(a) Exeter Board 24 July and 27 September 2012, for information (Page 59);

(b) Devon Audit Partnership 3 October 2012 (Page 67);

(Page 69).

[NB: Minutes of County Council Committees are published on the Council s Website at: http://www.devon.gov.uk/index/your_council/decision_making/cma/index_exc.htm ]

19. Delegated Action/Urgent Matters

The Registers of Decisions taken by Members or Officers under the urgency provisions or delegated powers will be available for inspection at the meeting in line with the Council s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. A summary of such decisions taken since the last meeting is appended to this Agenda (Page 73).

20. 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 and/or framework decisions and included in the Plan from the date of this meeting.

[NB: The Forward Plan is available on the Council's website at:

http://www.devon.gov.uk/index/councildemocracy/decision_making/cabinet_committee/forward_plan.htm ]

PART II ITEMS WHICH MAY BE TAKEN IN THE ABSENCE OF THE PRESS AND PUBLIC

Nil

MEMBERS ARE REQUESTED TO SIGN THE ATTENDANCE REGISTER

Notice of all items listed above have been included in the Council s Forward Plan for the required period, unless otherwise indicated. The Forward Plan is published on the County Council's website at
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

Notice of all items listed above have been included in the Council s Forward Plan for the required period, unless otherwise indicated. The Forward Plan is published on the County Council's website at

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

Membership
Councillors Hart (Chairman), Barker, Clatworthy, Croad, Davis, S Hughes, Leadbetter and Mumford .
Cabinet Member Remits
Councillors Hart (Policy Corporate), Barker (Adult Social Care, Families and Post 16), Clatworthy (Resources), Croad (Environment Community), Davis (Children, Health Wellbeing), S Hughes (Highways Transportation), Leadbetter (Business Services and Cabinet Liaison for Exeter) and Mumford (Economy, Enterprise and Employment)
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 Council s/Cabinet s 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, Reports and Minutes of the Cabinet are published on the Council s Website at http://www.devon.gov.uk/index/your_council/decision_making/cma/index_exc.htm
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: http://www.devon.gov.uk/index/councildemocracy/decision_making/webcasting.htm
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 or look at our leaflet Having Your Say at: http://www.devon.gov.uk/index/your_council/decision_making/how_committees_work.htm.
Emergencies
In the event of the fire alarm sounding leave the building immediately by the nearest available exit, following the fire exit signs. If doors fail to unlock press the Green breakglass next to the door. Do not stop to collect personal belongings, do not use the lifts, do not re-enter the building until told to do so.
Mobile Phones
Please switch off all mobile phones before entering the Committee Room or Council Chamber

If you need a copy of this Agenda and/or a Report in another format (e.g. large print, audio tape, Braille or other languages), please contact the Information Centre on 01392 380101 or email to: centre@devon.gov.uk or write to the Democratic and Scrutiny Secretariat at County Hall, Exeter, EX2 4QD.
Induction loop system available

Membership

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

Cabinet Member Remits

Councillors Hart (Policy Corporate), Barker (Adult Social Care, Families and Post 16), Clatworthy (Resources), Croad (Environment Community), Davis (Children, Health Wellbeing), S Hughes (Highways Transportation), Leadbetter (Business Services and Cabinet Liaison for Exeter) and Mumford (Economy, Enterprise and Employment)

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 Council s/Cabinet s 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, Reports and Minutes of the Cabinet are published on the Council s Website at http://www.devon.gov.uk/index/your_council/decision_making/cma/index_exc.htm

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:

http://www.devon.gov.uk/index/councildemocracy/decision_making/webcasting.htm

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 or look at our leaflet Having Your Say at: http://www.devon.gov.uk/index/your_council/decision_making/how_committees_work.htm.

Emergencies

In the event of the fire alarm sounding leave the building immediately by the nearest available exit, following the fire exit signs. If doors fail to unlock press the Green breakglass next to the door. Do not stop to collect personal belongings, do not use the lifts, do not re-enter the building until told to do so.

Mobile Phones

Please switch off all mobile phones before entering the Committee Room or Council Chamber

If you need a copy of this Agenda and/or a Report in another format (e.g. large print, audio tape, Braille or other languages), please contact the Information Centre on 01392 380101 or email to: centre@devon.gov.uk or write to the Democratic and Scrutiny Secretariat at County Hall, Exeter, EX2 4QD.

Induction loop system available

Cabinet 14 November 2012

Cabinet

14 November 2012

Schedule of CABINET MEMBER/OFFICER Decisions taken since previous meeting
Cabinet Remit/Officer	Matter for Decision	Effective Date
Resources	Approval to various schemes relating to the Capital programme for 2012/13 and contract matters	8 October 2012
	Approval to declaring the Fountain Youth Centre and Fountain Learning Centre site surplus to requirements	9 October 2012
	Approval to declare Land at Henley House in Crediton surplus to requirements	30 October 2012
	Approval to various schemes in Capital Programme and Contract Matters 2012/13	31 October 2012
	Approval, in relation to the enlargement of Ellen Tinkham School, to modify the date by which planning consent should be received and the implementation date for enlarging the School Exeter from 110 to 131 places and to the lease negotiations	7 November 2012
Highways Transportation	Approval of select list of tenderers for the term contract for the Maintenance and Installation of Street Lighting, Illumination Signs and Bollards, Beacons, Belisha Beacons and School Crossing Patrol	1 November 2012
	Approval to a financial contributions to the local flood risk management scheme at Ludbrook Farm, Nr Ivybridge,	1 November 2012
	Approval to purchase the necessary interests in land for the NCN/Tarka Trail cycle route shown on the Willingcott to Knowle Strategy Map	6 November 2102

The Register of Cabinet Member decisions will be available for inspection at meetings of the Cabinet or, at any other time, in the Democratic Services Scrutiny Secretariat, during normal office hours. Contact details shown above.

Cabinet

Committee Agenda