Cabinet

Committee Minutes

Wed Oct 13 2010

Related Documents:
agenda for these minutes

Present:-

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

Members attending in accordance with Standing Order 25

Councillors Bowden, Cann, Clarance, Connett, Greenslade, Hannaford, Hannon, Hook, Newcombe, Owen and Sellis

Apologies:-

Councillor Leadbetter

*247 Minutes

RESOLVED that the minutes of the meeting held on 8 September 2010 be signed as a correct record.

OTHER MATTERS

*248 Home to School/College Transport (Minute 213(c)/14 July 2010)

(Councillors Connett, Greenslade, Hannaford, Hannon, Hook, Newcombe and Owen attended in accordance with Standing Order 25(2) and spoke to this item).

(Councillors Connett and Davis declared personal interests in this matter, in accordance with paragraph 10(2)(c)(ii) of the Members Code of Conduct, by virtue of being parents of children in respect of school transport assistance; notwithstanding the dispensation granted under the Code of Conduct and given the nature of her interest Councillor Davis also withdrew from the meeting during consideration of this matter).

The Cabinet considered the report of the Executive Director of Children Young People s Services (CY/10/86 - text only | pdf CY/10/86) on the process for determining proposed changes to discretionary transport provision in line with the Cabinet s previous decisions, consequent upon reduced funding through Area Based Grants, and outlining the impact of any such changes on the Council's Transport Policy and budgetary position.

Members noted that the proposals, previously endorsed as part of the consideration of the budget for 2010/11 to remove discretionary Faith and Grammar School transport, would be included in the annual consultation on admission and transport arrangements, between December 2010 and March 2011; consistent with the approach being adopted by many other Authorities. Any other changes to discretionary provision would similarly need to be included in that consultation although the Cabinet Member for Schools and Skills confirmed that there was no intention of removing discretionary funding relating to the walking distance for 8-11 year olds. Responses would then be considered by the Devon Local Admissions Forum in March 2011 with a view to a final decision being made by the Cabinet in April 2011.

Members acknowledged that Government funding for Extended Rights to Free Travel was likely to be removed completely from April 2011, although the statutory duties would remain resulting in increased pressures on transport spending. Members also acknowledged that the Children Young People s Services Scrutiny Committee had indicated its intention to look at the impact of these proposals in more detail.

It was MOVED by Councillor Channon, SECONDED by Councillor Hart and

RESOLVED

(a) that the Cabinet note the consultations on the impact of the possible phased removal of the smallest areas of discretionary spend (Faith and Grammar School transport) from September 2011 following the removal of the Area Based Grant Funding for Extended Rights to Free Travel;

(b) that consultations be also held on other areas of discretionary transport provided by the Council, such as for post-16 students.

*249 School Organisation: Proposed enlargement of Countess Wear Community Primary School, Exeter

(Councillors Hannaford, Newcombe and Owen attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the report of the Executive Director of Children Young People s Services (CY/10/85 - text only | pdf | supplementary information CY/10/85) on the response to the public notice on the proposal to enlarge Exeter Countess Wear Community Primary School from 240 places to 420 places.

The need for additional pupil places in this area of Exeter had arisen following approval of new housing developments. It was anticipated that these developments would, over time, generate the need for over 800 additional primary school places that would need to be met through the provision of new primary schools. Members acknowledged, however, that it would be several years before any such school could be opened and that, in the meantime, provision would need to be made within existing schools.

Countess Wear Community Primary School was the most appropriate and nearest school suitable for expansion. The school was last inspected in September 2009 and had been identified as a good school, well led and effective.

Following informal consultations on the proposal between May and June 2010 a formal Public Notice had been issued on 3 September 2010, with a closing date of 1 October 2010.

Only one response had been received to the Public Notice from a local resident expressing concerns about parking issues in the area. The Executive Director indicated that the school was actively engaged in trying to improve parking in the area, had reviewed its travel plan to address issues as part of the proposals and continued to issue reminders about suitable parking arrangements in its regular newsletters. It was not anticipated that the proposals would exacerbate existing problems as additional pupils should come from an area in the close vicinity of the school. Similarly, Members acknowledged that any issues surrounding the safety of pedestrians crossing the main Exeter-Topsham Road would also need to be addressed.

The Executive Director confirmed that the appropriate statutory guidance issued by the Secretary of State relating to the taking of decisions on school organisation matters had been followed and adhered to and recommended that the proposal be now approved in order that sufficient places may be provided for pupils arising from new housing development.

It was MOVED by Councillor Channon, SECONDED by Councillor Davis and

RESOLVED that the Cabinet approve the proposal to enlarge Exeter, Countess Wear Community Primary School from 240 places to 420 places with effect from 1 September 2011.

STANDING ITEMS

*250 Questions from Members of the Public

There was no question from a Member of the public.

*251 Minutes

Arising on Minute 489(c) of the Devon Education Forum, the Cabinet Member for Schools and Skills expressed her willingness to meet with the Forum to discuss future amendment to the funding formula, at the appropriate time.

RESOLVED that the minutes of the following meetings be noted:

(a) Devon Children s Trust Board 14 September 2010;

(b) Devon Education Forum 29 September 2010.

*252 References from Committees

(a) Environment, Economy Culture Scrutiny Committee A Boards on the Pavement

(Councillors Greenslade, Hannaford, Hannon and Hook attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet noted that the Environment, Economy Culture Scrutiny Committee had, at its meeting on 7 September 2010 (Minute *69), considered a report by the Chief Executive (CX/10/85 - text only | pdf CX/10/85) on HATOC responses to the suggestion that existing guidelines for the placing of A boards be endorsed subject to reducing the unobstructed width of footway and had resolved (a) that the Cabinet be asked to agree that the current practice be amended to reduce the minimum remaining unobstructed width of footway to 1.5 metres; (b) that this be consistently enforced across the County, initially by an informal approach by the town centre manager or town clerk but if this fails, formally by County Council enforcement officers.

It was MOVED by Councillor Hughes, SECONDED by Councillor Hart and

RESOLVED that the Cabinet note the Scrutiny Committee s comments and agree that the current direction contained within the fly-posting and unauthorised signs policy on unauthorised signs, displayed goods and other items outside shops be amended to reduce the minimum remaining unobstructed width of footways from 2.0 metres to 1.5 metres and that this be consistently enforced across the County.

(b) Health Adults Services Scrutiny Committee Developing Midwifery Services (Minute 182(b)/14 April 2010)

(Councillors Connett, Hannaford, Hannon and Newcombe attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet noted that the Health Adults Services Scrutiny Committee had, at its meeting on 23 September 2010 (Minute *57) considered a report by the Chief Executive (CX/10/97 - text only | pdf CX/10/97) re-examining the proposals originally made by that Committee s Access to Health Task Group (CX/10/37 - text onlyCX/10/37) which had been deferred in light of the concerns relating to the change of the care model in the birthing units at Honiton, Okehampton and Tiverton. That Committee had also received a Report by Mid Devon District Council s Community Maternity Services in Devon Working Group relating to this area of activity and had resolved:

(i) that recommendations 10, 12, 13 14 of the section on Maternity Services in the Rural Access to Health Task Group s report be accepted and be commended to the appropriate NHS Health Trusts for approval and action and the Cabinet be invited on behalf of the County Council to similarly endorse the proposals

(ii) that recommendation 11 be amended to read to reject the proposed changes to the maternity care model, including the decrease in length of stay and same day discharge in the birthing units at Honiton, Okehampton and Tiverton ;

(iii) that NHS Devon be informed that the Committee is greatly concerned by the changes in maternity services imposed in February this year and insists on retention of overnight stays at community maternity units for women who wish it and the transfer back from the RDE, as appropriate;

(iv) that NHS Devon be asked to review maternity services across Devon;

(v) that Mid Devon District Council be thanked for making available the report and findings of its Community Maternity Services in Devon Working Group and that the useful suggestions therein, which it is hoped that the NHS will take forward, be acknowledged

Members were reminded that the Health Adults Services Scrutiny Committee was empowered to make reports and recommendations, such as these outlined above, direct to the Secretary of State for Health and Health bodies in accordance with the Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002.

It was MOVED by Councillor Barker, SECONDED by Councillor Hart and

RESOLVED that the Cabinet note the Scrutiny Committee s recommendations, recognising the value of the work of that Committee and the changing nature of the role of NHS Devon which might, in any event, impact upon future arrangements.

(c) Public Rights of Way Committee: Membership of Devon Countryside Access Forum

The Cabinet noted that a request had been received to increase the size of the Devon Countryside Access Forum to accommodate an additional landowner representative. The Devon Countryside Access Forum had been established in 2002 by the County Council to provide an opportunity for representatives of users and land managers and other relevant interests and users to advise, inter alia, the Council s Public Rights of Way Committee on the improvement of public access to land in the area for the purposes of open air recreation and the enjoyment of that area. Any change to the composition of the Forum would require the consent of the County Council.

Members of the Public Rights of Way Committee were of the view, endorsed by the Chairman of that Committee as a matter of urgency (Minute PR/22/7 June 2010 refers), that landowners were not currently underrepresented on the Forum and that the request should therefore be refused.

It was MOVED by Councillor Hart, SECONDED by Councillor Clatworthy and

RESOLVED that the request for an increase in the membership of the Devon Countryside Access Forum be refused in line with the advice of the Public Rights of Way Committee.

*253 Delegated Action/Urgent Matters

The Registers of action taken by Chief Officers or Cabinet Members under urgency provisions or delegated powers were available for inspection at the meeting.

*254 Forward Plan

In accordance with the Council s Constitution, the Cabinet reviewed the Forward Plan (available electronically at ) and determined those items of business to be defined as key decisions and included in the Plan for the period 1 November 2010 28 February 2011.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 10.30am and finished at 11.40am

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 the Cabinet are published on the County Council s website at:-

Date Published: Wed Oct 13 2010