Committee Agenda

Tue Nov 27 2007

Related Documents:
minutes for this agenda

A meeting of the Executive will be held on the above date at 1.30pm at County Hall, Exeter to consider the following matters.


Chief Executive



1. Apologies for Absence

2. Minutes of the meeting held on 6 November 2007 (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. Questions from Members of the Council


6. Devon County Minerals Waste Development Framework

Report of the Director of Environment, Economy Culture (EEC/07/319/HQ) on the adoption of Devon s Statement of Community Involvement, attached (Page 8).

Electoral Division(s): All

Key Decisions

7. Project StratCom New Ways of Delivering School Improvement

Report of the Director of Children Young People s Services (CY/07/58), attached.

Electoral Division(s): All

8. Home to School Transport

Report of the Director of Children Young People s Services (CY/07/59), attached.

Electoral Division(s): All

9. Investing in Devon

Report of the Director of Finance, IT Trading (FI/07/92) on proposals for the allocation of additional investment in the Council s strategic priorities to be funded through capital receipts, attached (Page 12).

Electoral Division(s): All

10. Larkbeare House, Exeter

Report of the County Solicitor (CS/07/15) on the future of Larkbeare House, attached (Page 21).

Electoral Division(s): Exeter Priory St Leonard s

11. Adult Community Services Modernisation Programme Update on Transfer of In-House Service Provision

Joint Report of the Director of Adult Community Services and Director of Finance. IT Trading (ACS/07/12), attached (Page 24).

Electoral Division(s): All

12. Adult Community Services Modernisation Programme Improving Care Management (Minute *599/4 September 2007)

Report of the Director of Adult Community Services (ACS/07/11) on progress with pilot schemes , attached (Page 27).

Electoral Division(s): All

13. Sustainable Community Strategy: Local Area Agreement 2008-2011 Consultation on National Indicators for Local Authorities and Local Authority Partnerships

Report of the Chief Executive (CX/07/113) on the consultation by the Department of Communities and Local Government on future arrangements for LAAs and national indicators, attached (Page 33).

Electoral Division(s): All


14. Department for Communities and Local Government: Proposals for Future Unitary Structures Update

Chairman and Chief Executive to report.

15. Budget Monitoring 2007/08

Director of Finance, IT Trading (FI/07/91) on the position at Month 6, attached (Page 47).

Electoral Division(s): All

16. Little Bickington Farm Redevelopment, High Bickington

Joint Report of the Chief Executive, County Solicitor and Director of Finance, IT Trading (FI/07/90) on revised proposals to create a sustainable rural community on the Council s surplus farms land at High Bickington, attached (Page 50).

Electoral Division(s): Torrington Rural

17. Devon County Council s Sustainable Energy Strategy Vision Statement: Review of Progression (Minute *371/26 September 2007)

Report of the Director of Environment, Economy Culture (EEC/07/320/HQ) on the review of the First Annual Action Plan for 2007/08, attached (Page 54).

Electoral Division(s): All


18. Questions from Members of the Public

19. Notice of Motion: Satellite Navigation Systems (Minute *653(b)/6 November 2007)

The following Notice of Motion submitted by Councillor Clatworthy has been referred to the Executive for consideration and report back.

There has been an increase in the volume of freight traffic, both British and foreign, using satellite navigation systems, sending them on totally unsuitable roads in our communities. The County Council therefore asks its officers to work with colleagues on the County Council Network and the Highways Agency, to develop a selection of acceptable multi-lingual signage, explaining the best routes for those destinations causing the most frequent problems.

Report of the Director of Environment, Economy Culture (EEC/07/321/HQ) on the issues raised by the Notice of Motion and the inappropriate use of routes by Heavy Goods Vehicles, attached (Page 60).

Electoral Division(s): All

20. Minutes

(a) Devon Exeter Rail Working Party, 31 October 2007 (Page 65);

(b) Devon Strategic Partnership, 15 November 2007 (Page 69).

21. References from Committees

(a) Environment, Economy Culture Overview/Scrutiny Committee County Farms Estate

At its meeting on 5 November 2007, the Environment, Economy Culture Overview/Scrutiny Committee (Minute *125) considered a report of the Chief Executive and the Director of Finance, IT and Trading (CX/07/67) (Page 72) on the background and current Estate structure, examples of good practice including community development initiatives, diversification and delivering corporate aims and objectives and resolved:

(a) that the Executive be reminded that the County Farms Estate contains a number of historic features and structures including Listed Buildings but that there is at present only limited budgetary provision for their restoration or preservation. This problem is especially acute in the case of buildings which are either listed or of historic interest but which no longer have any agricultural function;

(b) the Executive is therefore requested to consider what steps the Council might take to protect these assets and fulfil the Council s obligations as their owner;

(c) that County Council s policy of a 16% re-investment of money received from the sale of Estate land be reviewed, with consideration being given to the level of re-investment being raised to 25% .

Recommendation: that the comments of the Overview/Scrutiny Committee be noted and taken into account during preparation of the budget.

(b) Exeter Highways Traffic Orders Committee Parking on Bends and at Junctions

At its meeting on 8 November 2007, the Exeter HATOC (Minute 121) considered the issue of parking on bends and junctions and the requirements of the Highway Code and resolved:

(a) that the Committee express its concern to the Executive about the lack of revenue funding for traffic regulation orders including waiting restrictions which are not part of capital schemes; and

(b) that accordingly the Executive be requested to authorise the restoration of a revenue fund for traffic regulation orders where there are safety issues.

The full Minute of the HATOC is attached (Page 79).

The Director of Environment, Economy Culture confirms that, in light of financial pressures when setting the 2007/08 budget, the provision for general Traffic Regulations Orders not related to safety or capital schemes was removed. The restructuring into Area Offices also involved reductions in staff resources available for dealing with such matters. However, safety remains a high priority and if there was a documented record of injury accidents resulting from inappropriate parking on bends or at junctions then funding would be made available to promote Traffic Orders required to resolve such problems.

Recommendation: that the situation be noted.

(c) Policy Resources Overview/Scrutiny Committee Review of European Funding

At its meeting on 14 November 2007, the Policy Resources Overview/Scrutiny Committee (Minute *121) considered a report on EU funding secured during 2000/6 programming and on forthcoming opportunities during 2007/13 and resolved that the Executive be asked:

(a) to note the excellent work undertaken by the Council in this area, especially in light of the bureaucracy experienced in delivering such projects;

(b) to actively encourage increased publicity and advertising in how Devon has benefited from European aid and funding streams .

Recommendation: that the comments of the Overview/Scrutiny Committee be welcomed and appropriate action be taken by Officers.

22. Delegated Action/Urgent Matters

The Registers of action taken on behalf of the Executive under the urgency provisions or delegated powers will be available for inspection at the meeting. The schedule of decisions taken by Executive Members since the last meeting is attached (Page 80).

23. Executive Forward Plan

In accordance with the Council s Constitution, the Executive 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 December 2007 31 April 2008. The Forward Plan is available on the Council's website at


24. Recommendation: that the press and public be excluded from the meeting for the following item 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 tenderers 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.

25. Award of Food Contracts

Joint Report of the Director of Finance, IT Trading and Director of Children Young People s Services (FI/07/93) on tenders received. To follow

Electoral Division(s): All


Notice of the decisions taken by the Executive 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 Greenslade (Chairman), Berman, Hannon, Hobden, Rawlinson, Rogers, Smith and Temperley

Executive Lead Member Remits

Councillors Greenslade (Policy Resources), Berman (Communities), Hannon (Corporate Performance), Hobden (Culture), Rawlinson (Adult Services), Rogers (Environment), Smith (Children Young People s Services) and Temperley (Economic Regeneration, Strategic Planning Regional Affairs)

Executive Support Members

Councillors Barton (Social Care: Healthy, Safe and Economic and Social Well Being), Bray (Scrutiny Liaison), Brazil (Property Management), Cook (Improving Green Performance), Mrs Morgan (Social Affairs Health) and Way (Education: Enjoying and Achieving and Making a Positive Contribution),

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 Executive 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 Executive 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.

Questions to the Executive/Public Participation

A Member of the Council may ask the Leader of the Council or the appropriate Executive Member a question about any subject for which the Leader or Executive 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 Chief Executive's 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.


27 November 2007

Schedule of EXECUTIVE MEMBER Decisions taken since previous meeting

Executive Remit

Matter for Decision

Effective Date

Policy Resources

Approval to funding of Job Evaluation costs (equal pay compensation) in VA schools

14 November 2007

Approval to contribution toward cost of Ivybridge Erme Court Library Community Resource Centre

14 November 2007


Approval to advertising Parking Place Order for Pay Display, part Sidmouth Road park Ride

8 November 2007

Approval to improvement/expansion works at Punchbowl Recycling Centre

8 November 2007

Approval to land purchase for the national cycle network at Shillamill Aqueduct, Tavistock

14 November 2007

Approval of response to DfT consultation on Local Authority Special Grant Funding for the 2008 National Bus Concession scheme

14 November 2007

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

Chief Executive's Directorate, during normal office hours.



8 November 2007

121 Parking on Bends and at Junctions

In accordance with Standing Order 23 [2] Councillor Gale has requested information with regard to parking on bends and junctions in disregard to Highway Code rules 242 and 243 bullet point 5.

The Committee noted that the Highway Code Rule 242 states:

You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road.

Rule 243, states:

DO NOT stop or park opposite or within 10 metres [32 feet] of a junction, except in an authorised parking space ...Except when forced to do so by stationary traffic

Rule 242 was a legal requirement under the Road Traffic Act 1988, section 22 and the Road Vehicles [Construction Use] Regulations 1986, regulation 103.

Rule 243 was advisory and may be used in evidence in any court proceedings under the Traffic Acts to establish liability.

Enforcement of both issues was currently matters for the police. Under Civil Parking Enforcement which would be operational from next May obstruction remains a criminal offence and could only be enforced by the police. Parking near a junction would also be enforced by the police unless there were double yellow lines in which case a Civil Enforcement Officer could issue a Penalty Charge Notice .

The Area Engineer reported the written view of the Devon and Cornwall Constabulary Road Casualty Reduction Officer about enforcement issues and that each case would need to be looked at individually and indicated that members should discuss local problems with their respective local Police Officer or PCSO.

The Area Engineer further reported that unless attached to a capital Local Transport Plan scheme there was no revenue funding available for requests for waiting restrictions.

It was MOVED by Councillor Westlake, SECONDED by Councillor Foggin and


(a) that the Committee express its concern to the Executive about the lack of revenue funding for traffic regulation orders including waiting restrictions which are not part of capital schemes; and

(b) that accordingly the Executive be requested to authorise the restoration of a revenue fund for traffic regulation orders where there are safety issues.

Date Published: Thu Nov 22 2007