Agenda and minutes

CM 58/22         

Apologies for absence were received from Cllrs A Coulson and T G Pearce (who joined the meeting via Teams in a non-voting capacity)

To approve and adopt as a correct record the Minutes of the Meeting of Council held on 22 November 2022.

CM 59/22         

The minutes of the Council meeting held on 22 November 2022 were confirmed as a true and correct record.

In accordance with the Code of Conduct, Members are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests and Non-Registerable Interests including the nature and extent of such interests they may have in any items to be considered at this meeting;

CM 60/22         

Members were invited to declare any interests in the items of business to be discussed and the following were made:

Cllrs A F Leech and J Yelland both declared an ‘Other Registrable Interest’ in agenda Item 14 ‘Community Governance Review – Draft Terms of Reference (Minute CM 71/22 below refers) by virtue of being members of Okehampton Town Council.  They both proceeded to leave the meeting during consideration of this item.

CM 61/22         

The Mayor proceeded to remind Members of her Civic Dinner that was taking place on Friday, 17 March 2023.

The Mayor also informed that she was holding a coffee morning for her chosen charity on Saturday, 25 February 2023 at Charter Hall, Okehampton.  It was her intention for the event to also be an opportunity for those contemplating standing for Town, Parish or the Borough Council in the forthcoming Elections taking place in May 2023 to learn more. To that end, the Mayor advised that the Democratic Services Manager would be in attendance to provide information and answer questions and she proceeded to invite all Members along to offer their insights on being a Councillor.

CM 62/22         

The Mayor informed the Meeting that no Public Questions had been received in accordance with the Council Procedure Rules.

CM 63/22         

Members noted that no Questions on Notice had been received from the membership in accordance with the Council Procedure Rules.

CM 64/22        

The Mayor advised that no Motions on Notice had been received from the membership in accordance with the Council Procedure Rules.

(i)           Audit and Governance Committee

Meeting held on 22 November 2022

(ii)          Development Management & Licensing Committee

Meeting held on 8 November 2022

Meeting held on 13 December 2022

Meeting held on 24 January 2023

Recommendation to agree:

DM&L.39 Hackney Carriage and Private Hire Policy – Proposal to Delay Implementation of the Euro NCAP Safety Rating Standard

RECOMMENDED

That Council be RECOMMENDED to adopt the amended draft Hackney Carriage and Private Hire Policy (as presented to the Development Management & Licensing Committee Meeting).

(iii)        Hub Committee

Meeting held on 13 December 2022

Recommendation to agree:

HC.64/22 Draft Revenue and Capital Budget Proposals 2023/24

RECOMMENDED

vii) That Council be RECOMMENDED that West Devon Borough Council continue to be part of the Devon Business Rates Pool for 2023/24, subject to there being no announcements within the Finance Settlement (expected to be announced in mid-December), which in the opinion of the S151 Officer (in consultation with the Leader of the Council and the Hub Committee Member for Resources), would change this recommendation.

Meeting held on 31 January 2023

Recommendation to agree:

HC.75/22 Draft Revenue And Capital Budget Proposals For 2023/24         

i)     to increase Council Tax for 2023/24 by £7.37 (a 2.99% increase)  (This would equate to a Band D council tax of £254.00 for 2023/24, an increase of 14 pence per week or £7.37 per year);

ii)    to approve the financial pressures (as shown in Appendix A of the presented agenda report) of £1,928,800;

iii)   to approve the net contributions to/(from) Earmarked Reserves of £(45,567) (as shown in Appendix A of the published agenda report), including the proposed use of £150,000 from the Business Rates Retention Earmarked Reserve (as set out in paragraph 3.17 of the presented agenda report);

iv)   to use £150,000 of New Homes Bonus funding in 2023/24 to fund the Revenue Base Budget (as set out in paragraph 3.22 of the presented agenda report) and to allocate £78,500 of New Homes Bonus funding to the Dartmoor National Park Authority (as set out in paragraph 3.23 of the presented agenda report), with the proviso that this Funding be used to ensure that the Visitor Centre at Princetown is kept open until at least 30 September 2023;

v)    to approve the savings of £1,110,500 (as set out at Appendix A of the presented agenda report);

vi)   to approve the Overview & Scrutiny Committee’s recommendation on the increase in the garden waste subscription charge from April 2023, (for the sum of £52.00 per annum) as set out in paragraph 5.3 and Appendix F of the presented agenda report;

vii) to approve the proposed Capital Programme Proposals for 2023/24 of £910,000 and the proposed financing of the Capital Programme (as set out in Appendix D of the published agenda report) (being £700,000 from the Better Care Fund funding from Devon County Council, £160,000 from New Homes Bonus funding and £50,000 revenue funding from the Vehicles and Plant Earmarked Reserve);

viii) that Unearmarked Reserves should continue to have a minimum level of £900,000 (as set in  ...  view the full agenda text for item CM 65

CM 65/22         

(a)   Audit and Governance Committee - 22 November 2022

It was moved by Cllr K Ball, seconded by Cllr M Davies and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the meeting held on 22 November 2022 be received and noted.

(b) Development Management & Licensing Committee – 8 November 2022, 13 December 2022 and 24 January 2023

It was moved by Cllr J Yelland, seconded by Cllr N Heyworth and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 8 November 2022, 13 December 2022 and 24 January 2023 meetings be received and noted, with the exception of Recommendation DM&L.39”.

In respect of the Recommendation:

DM&L.39 Hackney Carriage and Private Hire Policy – Proposal to Delay Implementation of the Euro NCAP Safety Rating Standard

It was moved by Cllr J Yelland, seconded by Cllr N Heyworth and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the amended Hackney Carriage and Private Hire Policy as presented to the Development Management & Licensing Committee Meeting, be adopted.”

(c)   Hub Committee – 13 December 2022 and 31 January 2023

“It was moved by Cllr N Jory, seconded by Cllr C Edmonds and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 13 December 2022 and 31 January 2023 meetings be received and noted with the exception of Recommendation HC.64/22, HC.75/22 and HC.77/22 parts 2-6”.

In respect of the Recommendations:

HC.64/22 Draft Revenue and Capital Budget Proposals 2023/24

“It was moved by Cllr N Jory seconded by Cllr C Edmonds and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Council continue to be part of the Devon Business Rates Pool for 2023/24, subject to there being no announcements within the Finance Settlement, which in the opinion of the S151 Officer (in consultation with the Leader of the Council and the Hub Committee Member for Resources), would change this recommendation.”

HC.75/22 Draft Revenue and Capital Budget Proposals for 2023/24

It was noted that the Recommendations contained therein were to be considered at standalone agenda item 9 ‘Draft 2023/24 Revenue and Capital Budget Proposals’ (Minute CM 66/22 below refers).

HC.77/22 Council Tax Reduction Scheme 2023-24 And Other Council Tax Discounts And Premiums

“It was moved by Cllr N Jory seconded by Cllr C Edmonds and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that:

2.  the Council Tax Reduction Scheme for 2023/24 be approved as follows:

-    no changes be made to Band 1 of the current banded scheme;

-    Bands 2, 3 and 4 be uplifted by 20% (above current inflation) to take into account the Cost of Living crisis;

-    the current range of earnings disregards be replaced with a single £25.00 disregard; and

-    change the Minimum  ...  view the full minutes text for item CM 65

CM 66/22         

The Council was presented with a report that outlined the recommendations of the Hub Committee in respect of a series of draft revenue and capital budget proposals for 2023/24 (Minute HC.75/22 refers).

In discussion, the following points were raised:

a)   Some Members who had previously been opposed to the proposed increase in annual subscription for the Garden Waste Service indicated that, as the increase was a cost recovery measure, needed to cover the cost of providing the service, they were now minded to support the proposal;

b)   Whilst expressing his regret over the need to increase Council Tax, a Member indicated that he considered this to be a measured and prudent set of budget proposals.

It was then moved by Cllr N Jory, seconded by Cllr C Edmonds and, in line with statutory requirements, a recorded vote was then undertaken on the substantive motion.  The voting was recorded as follows:

For the motion (28):- Cllrs Ball, Blackman, Bridgewater, Cheadle, Crozier, Daniel, Davies, Edmonds, Ewings, Heyworth, Jory, Kemp, Kimber, Leech, Moody, Mott, Moyse, Ratcliffe, Renders, Ridgers, Samuel, Sellis, Southcott, Spettigue, Turnbull, Vachon, Wood and Yelland.

Against the motion (0).

Abstentions (0).

Absent (3):  Cllrs Bolton, Coulson and Pearce.

and it was therefore declared CARRIED and “RESOLVED that:

i)     approval be given to an increase in Council Tax for 2023/24 of £7.37 (a 2.99% increase).  This equated to a Band D Council Tax of £254.00 for 2023/24 (which is an increase of 14 pence per week or £7.37 per year). This equated to a Council Tax Requirement of £5,391,371;

ii)    the financial pressures (as shown in Appendix A of the presented agenda report) of £1,928,800 be approved;

iii)    the net contributions to/(from) Earmarked Reserves of £(45,567) (as shown in Appendix A of the presented agenda report), including the proposed use of £150,000 from the Business Rates Retention Earmarked Reserve as set out in section 3.17 of the presented agenda report be approved;

iv)   the proposed use of £150,000 of New Homes Bonus funding in 2023/24 to fund the Revenue Base Budget (as set out in section 3.22 of the presented agenda report), and the proposed allocation of £78,500 of New Homes Bonus funding to the Dartmoor National Park Authority (as set out in section 3.23 of the presented agenda report) be approved;

v)    the savings of £1,110,500 (as shown in Appendix A of the presented agenda report) be approved;

vi)   the Total Net Expenditure of the Council for 2023/24 be set at £8,587,995 (as shown in Appendix B of the presented agenda report);

vii) a garden waste subscription annual charge of £52 from April 2023 be approved (as set out in section 5.3 and Appendix G of the presented agenda report);

viii) the proposed Capital Programme Proposals for 2023/24 of £910,000 and the proposed financing of the Capital Programme (as set out in Appendix D of the presented agenda report) (being £700,000 from the Better Care Fund funding from Devon  ...  view the full minutes text for item CM 66

CM 67/22         

Consideration was given to a report that made recommendations on the changes to the levying of Council Tax premiums with effect from 1 April 2024 and also provided confirmation of the Council Tax discounts already in place.

The report also highlighted the changes contained within the Levelling Up and Regeneration Bill currently progressing through Parliament which would impact on Council Tax relating to second homes and long term empty dwellings.

In the ensuing discussion, a number of questions of clarity were raised that included:

(a)    A Member queried the status of empty properties that were subject to Probate.  In reply, it was confirmed that such circumstances were  covered within Council Tax Exemption Schemes that were already in operation nationally;

(b)    In response to questions relating to specific definitions contained within the presented agenda report, the Head of Revenues and Benefits confirmed that a ‘second home’ was confirmed as a property that was not the owner’s main residence but was furnished.  In addition, whilst there was no specific definition of ‘substantially unfurnished’, for a property to be deemed furnished, it must be fit for occupation and include items such as beds, tables and chairs and white goods;

(c)    A Member sought information on how many Second Homes and Air BnB properties were located within the Borough area.  In reply, the Leader confirmed this to be 650 second homes which, in the event of recommendation part 2 being approved, would generate an extra £157,000 in Council Tax for West Devon Borough Council;

(d)   A Member queried as to whether there was any evidence of how much of an impact the double Council Tax levy would make in deterring the ownership of second homes, thereby releasing properties to be homes for local people.  Officers responded that there had been no detailed research or analysis into this subject;

(e)   In view of the Council having declared a Housing Crisis, a Member enquired as to whether it would be Council policy to direct the additional funds raised from Council Tax payments, to a programme of developing new affordable housing.  In reply, the Leader advised that this would be a matter for the next Council administration to consider;

(f)    Members were keen to close existing loopholes that permitted Air BnB’s to not only avoid all quality standards required as part of other Tourist Board accreditation schemes, but also to ensure that these properties were returned to Council Tax payment and not Business Rates liability as soon as possible.

It was then proposed by Cllr Jory, seconded by Cllr Edmonds and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that:

1.    with effect from 1 April 2023, Council Tax discounts be adopted as follows:

-    The discount for unoccupied and substantially unfurnished dwellings be 100% for a maximum period of 1 month;

-    The discount for unoccupied and substantially unfurnished dwellings for 1 month to 2 years be zero;

-    The discount for dwellings which are vacant and require  ...  view the full minutes text for item CM 67

CM 68/22         

The Council considered a report that set out changes to discretionary relief for business rates announced as part of the Autumn Budget 2022.

In discussion, Members sought further detail on what types of business were eligible for Business Rate Relief as a result of the changes and whether or not small independent chains would qualify.

Members were disappointed to learn that Air BnBs would qualify for Rate Relief if they were entered in the Rating List and reiterated their wish for the existing loopholes permitting this to be closed as soon as was practically possible.

It was then proposed by Cllr P Crozier, seconded by Cllr N Jory and upon being submitted to the Meeting was declared to be CARRIED and ”RESOLVED that:

1.    the Business Rates Relief: 2023/24 Retail, Hospitality and Leisure Scheme Policy (as set out at Appendix A to the presented agenda report) be approved; and

2.    the implementation of the 2023 Supporting Small Business Relief scheme be approved.”

To follow

CM 69/22         

Further to the Council meeting of 22 November 2022 at which the Independent Remuneration Panel were requested to convene to consider the Allowances payable to the Borough Mayor and Deputy Mayor (Minute CM 52/22 refers), the Council considered a report that presented the recommendations of the Independent Remuneration Panel on the Civic Allowances.

It was then proposed by Cllr Jory seconded by Cllr Edmonds and upon being submitted to the Meeting was declared to be CARRIED and ”RESOLVED that:

1.      the Civic Allowances be retained at:

- Mayor: £3,000 per annum; and

- Deputy Mayor: £825 per annum; and 

2.    the Civic Allowance be reviewed again as part of the detailed review to be undertaken by the Independent Panel on Members Allowances during the early Autumn of 2023.”

CM 70/22         

Consideration was given to a report that presented the draft Calendar of Meetings for 2023/24 for adoption.

In discussion, Members queried the planned start time of meetings listed in the proposed calendar, suggesting that meetings held later in the day might help to encourage more working people to stand for Council. In response, it was suggested that this would be a matter for the new Council to consider following the forthcoming election in May 2023.

It was then proposed by Cllr Jory, seconded by Cllr Edmonds and upon being submitted to the Meeting was declared to be CARRIED and ”RESOLVED that the draft Calendar of Meetings for 2023/24 set out at Appendix A of the presented report be approved.”

CM 71/22         

The Council considered a report that sought approval for the Terms of Reference for two Community Governance Reviews, for Sydenham Damerel and Okehampton respectively, instigated by the receipt of two public Petitions submitted to the Council meeting of 22 September 2022 (Minute CM 38/22 refers)

It was then proposed by Cllr Jory, seconded by Cllr Edmonds and upon being submitted to the Meeting was declared to be CARRIED and ”RESOLVED that the Community Governance Review draft Terms of Reference (as set out at Appendix A of the presented agenda report) be approved.”

Dated this 13^th day of February 2023

Andy Bates

Chief Executive

CM 72/22         

In line with the requirements of the Localism Act 2011, Members considered a report proposing adoption of the Pay Policy Statement for 2022/23.

During the ensuing discussion, Members stated that the Council’s Senior Leadership Team represented excellent value for money particularly when compared to private sector equivalents and bearing in mind that they were shared across two local authorities.

It was then proposed by Cllr Jory, seconded by Cllr Edmonds and upon being submitted to the Meeting was declared to be CARRIED and ”RESOLVED that the Pay Policy Statement for 2022/23 as set out at Appendix A of the presented report be agreed.”