Agenda and draft minutes

West Devon Council - Tuesday, 20th February, 2024 2.00 pm

Venue: Chamber - Kilworthy Park

Contact: Email: Democratic.Services@swdevon.gov.uk 

Items
No. Item

CM 61/23

Moment's Reflection

Minutes:

CM 61/23      

Since this was the first meeting of Full Council since former West Devon Borough Councillor, Mr Dick Eberlie had sadly passed away, Members paid tribute to him and stood to observe a moment’s reflection in his memory

CM 62/23

Apologies for Absence

Minutes:

CM 62/23       

Apologies for absence were received from Cllrs Ball, Cheadle, Leech (in attendance in a non-voting capacity via Teams), Moody, Viney (in attendance in a non-voting capacity via Teams) and Watts (in attendance in a non-voting capacity via Teams).

CM 63/23

Confirmation of Minutes pdf icon PDF 327 KB

To approve and adopt as a correct record the Minutes of the Meeting of Council held on 19 December 2023 and the Special Meeting of Council, also held on 19 December 2023;

Additional documents:

Minutes:

CM 63/23       

It was moved by Cllr L Daniel, seconded by Cllr M Renders and upon the motion being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Council agree the Minutes of the Meeting held on 19 December 2023 and the Special Meeting also held on 19 December 2023.”

CM 64/23

Declarations of Interest

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;

Minutes:

CM 64/23       

The Mayor invited Members to declare any interests in the items of business to be considered during the course of the meeting and these were declared as follows:

 

On behalf of the Council, Cllr C Mott declared a personal interest in agenda item 12: ‘Okehampton & Sydenham Damerel Community Governance Reviews – Final Recommendations’ (Minute CM 72/23 below refers) by virtue of all Members having been sent correspondence from Okehampton Hamlets Parish Council representatives and all Members remained in the meeting and took part in the debate and vote thereon; and

 

Cllrs C Edmonds and N Jory both declared a separate personal interest in agenda item 12: ‘Okehampton & Sydenham Damerel Community Governance Reviews – Final Recommendations’ (Minute CM 72/23 below refers) by virtue of having recently been co-opted as Sydenham Damerel Parish Councillors and remained in the meeting and took part in the debate but abstained from the vote on that part of the recommendation

CM 65/23

To receive communications from the Mayor or person presiding

Minutes:

CM 65/23       

The Mayor proceeded to inform the meeting of:

 

-      having recently received (on behalf of the Council) thanks from a local care organisation.  In addition, the Mayor had also received thanks from a local constituent regarding the prompt work of the Council in replacing a Dog Waste Bin;

-      the latest Mayors’ Young Persons Green Award winner to be presented with her award by the Mayor at a School Assembly on Friday, 23 February 2024;

-      the Annual Mayoral Awards scheme was now open for applications.  As a result, the Mayor encouraged all Members to promote the scheme within their local Wards; and

-      the Energy from Waste Plant visit scheduled for 13 March 2024 at 10.00am.  The Mayor hoped that as many Members as possible were able to attend the visit and promoted the benefits of attending Members car sharing.

CM 66/23

To respond to any questions submitted by the public and to receive deputations or petitions under Council Procedure Rule 21

Minutes:

CM 66/23                   

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

CM 67/23

To consider (any) questions submitted under Council Procedure Rules

Minutes:

CM 67/23                   

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

 

CM 68/23

To consider Motion(s) of which notice has been duly submitted by Members in accordance with Council Procedure Rules

Minutes:

CM 68/23       

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

CM 69/23

To receive the Minutes of the following Committees, to note the delegated decisions and to consider the adoption of those Minutes which require approval pdf icon PDF 150 KB

Additional documents:

Minutes:

CM 69/23       

(a)   Development Management & Licensing Committee: 12  December 2023

        It was moved by Cllr T Southcott, seconded by Cllr U Mann and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the meeting held 12 December 2023 be received and noted.”

 

(b)  Overview & Scrutiny Committee: 16 January 2024

It was moved by Cllr P Kimber, seconded by Cllr A Johnson and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the meeting held on 16 January 2024 be received and noted.”

 

(c)   Hub Committee – 30 January 2024

It was moved by Cllr M Ewings, seconded by Cllr M Renders and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the meeting held on 30 January 2024 be received and noted, with the exception of recommendations HC 41/23, HC 42/23, HC 45/23, HC 47/23 (part 2 and HC 48 (part 4).”

 

In respect of the Recommendations:

 

HC 41/23 The Council Plan 2024-2028

Members noted that this recommendation was to be considered at agenda item 11 (Minute 71/23 below refers).

 

HC 42/23 Draft Revenue and Capital Budget Proposals For 2024-25

Members noted that this recommendation was to be considered at agenda item 10 (Minute 70/23 below refers).

 

HC 45/23 Council Tax Discounts and Council Tax Reduction Scheme 2024/25

Members noted that this recommendation was to be considered at agenda item 13 (Minute CM 73/23 below refers).

 

HC 47/23 Month 7 Revenue Budget Monitoring 2023/2024

It was moved by Cllr M Ewings, seconded by Cllr M Renders and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the current virement limits within the Constitution be updated in line with those shown in paragraph 10 of the presented agenda report.

 

HC 48/23 Capital Programme Monitoring as at 31 October 2023

It was moved by Cllr M Ewings, seconded by Cllr M Renders and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that £180,000 of the Vehicle Replacement Reserve in 2023/24 be used to finance replacement vehicles currently on order, in accordance with the waste vehicle forward plan.”

 

CM 70/23

Draft Revenue and Capital Budget Proposals 2024/25 pdf icon PDF 493 KB

Additional documents:

Minutes:

 

 

CM 70/23   

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 42/23 refers).

 

During the ensuing discussion, the following points were raised:

 

(a)      Whilst regrettable, Members highlighted the compound effect that necessitated the need to increase Council Tax by 2.99%.

 

(b)      A number of Members recorded their thanks to the Section 151 Officer and her finance team for producing such a comprehensive set of budget proposals that would result in the achievement of a balanced budget.

 

It was then moved by Cllr M Ewings, seconded by Cllr M Renders and, in line with statutory requirements, a recorded vote was then undertaken on part (i) of the substantive motion.  The voting was recorded as follows:

 

For the motion (25): Cllrs Blackman, Bridgewater, Calder, Casbolt, Cunningham, Daniel, Dexter, Edmonds, Elliott, Ewings, Guthrie, Johnson, Jory, Kimber, Mann, Mott, Oxborough, Renders, Saxby, Sellis, Southcott, Squire, Vachon, Wakeham and West

 

Against the motion (0)

 

Abstentions (0)

 

Absent (6):  Cllrs  Ball, Cheadle, Leech, Moody, Viney and Watts

 

and the vote on part (i) of the motion was therefore declared CARRIED.

 

In line with statutory requirements, a recorded vote was then undertaken on parts (ii) to (viii) of the motion.  The voting was recorded as follows:

 

For the motion (25): Cllrs Blackman, Bridgewater, Calder, Casbolt, Cunningham, Daniel, Dexter, Edmonds, Elliott, Ewings, Guthrie, Johnson, Jory, Kimber, Mann, Mott, Oxborough, Renders, Saxby, Sellis, Southcott, Squire, Vachon, Wakeham and West

 

Against the motion (0).

 

Abstentions (0).

 

Absent (6):  Cllrs Ball, Cheadle, Leech, Moody, Viney and Watts

 

and it was therefore declared CARRIED and “RESOLVED that:

 

i)     Council Tax for 2024/25 be increased by 2.99% (increasing a Band D council tax for 24/25 from £254.00 to £261.59 – an increase of £7.59 per year or under 15 pence per week). (NB. this equated to a Council Tax requirement of £5,627,384);

 

ii)     the financial pressures of £1,605,500 (as shown in Appendix A of the presented agenda report) be approved;

 

iii)    the savings/additional income of £(705,000) (as shown in Appendix A of the presented agenda report) be approved;

 

iv)    the net contributions to/(from) Earmarked Reserves of £(139,680) (as shown in Appendix D of the presented agenda report) be approved, to include the proposed use of £309,180 of New Homes Bonus funding to fund the 2024/25 Revenue Budget (as set out in section 3.4 of the presented agenda report) and £70,000 from the Business Rates Retention Earmarked Reserve (as set out in 3.3 of the presented report);

 

v)     the Council set its total net expenditure for 2024/25 (as shown in Appendix B of the presented agenda report) as £9,488,495;

 

vi)    the proposed Capital Programme Proposals for 2024/25 of £16,819,137 and the proposed financing of the Capital Programme (as set out in Appendix E of the presented agenda report) be approved;

 

vii)   the Reserves Strategy  ...  view the full minutes text for item CM 70/23

CM 71/23

Council Plan and Year One Annual Delivery Plan pdf icon PDF 246 KB

Additional documents:

Minutes:

CM 71/23    

Council considered a report that sought approval for the Council Plan 2024-28 and the Year 1 Delivery Plan

                  

During debate, the following points were raised:

 

(a)       As evolving Plans, officers confirmed that there would be the possibility for future iterations to specifically demonstrate where the Plan contributed to the twelve levelling up principles that were set out in the Levelling Up and Regeneration Bill;

 

(b)       When questioned, officers advised that the Council was in the process of reviewing and updating its corporate approach to its equality, diversity and inclusion duties;

 

(c)       Members highlighted their aspirations in relation to obtaining locally generated energy sources that would be for the benefit of local residents;

 

(d)       The Council set out its thanks to the Assistant Director Strategy for his tireless efforts in producing such comprehensive Plans that were reflective of the views of the membership.

 

It was then proposed by Cllr M Ewings, seconded by Cllr M Renders and upon being submitted to the Meeting was declared to be CARRIED and ”RESOLVED that:

 

1.     the Council Plan 2024-2028 and Year 1 Delivery Plan (2024/25) as set out respectively in Appendix A and Appendix B of the presented agenda report be approved

 

2.     funding for the 2024-25 delivery plan, as set out in section 4.2 of the agenda report, be approved; and

 

3.     the funding for the 2024- 25 Delivery Plan (as set out in section 5.4 of the agenda report, be approved.

 

CM 72/23

Community Governance Reviews - Final Recommendations pdf icon PDF 249 KB

Additional documents:

Minutes:

CM 72/23   

Members considered a report that provided the final recommendations of the People and Communities Hub Advisory Group regarding the two Community Governance Reviews that had now reached the conclusion of the year-long Review process.

 

During the ensuing discussion, particular reference was made to:-

 

(a)      the longstanding challenges that had been experienced in Sydenham Damerel with regard to residents being reluctant to put themselves forward to serve on the parish council.  As a result, the local Ward Member echoed the views of the Advisory Group in respect of hoping that a transition to a ‘Parish Meeting’ form of governance could be implemented as soon as was practically possible;

 

(b)      the role of Okehampton local Ward Members.  Such was the nature of the issue, that a local Ward Member commented that, given the contrasting views of the town and parish council, it was not possible to please both councils.  As a consequence, it would be a matter for all local Ward Members to demonstrate community leadership and mediate and support both councils through the transitional period;

 

(c)      the overriding view of the Advisory Group that an amalgamation of what constituted a rural and an urban council into one new council would not be appropriate.

 

It was then proposed by Cllr A Bridgewater, seconded by Cllr M Ewings upon being submitted to the Meeting was declared to be CARRIED and ”RESOLVED that;

 

1.     the submissions received on the Community Governance Reviews for the published draft proposals for Okehampton and Sydenham Damerel be noted;

 

2.     the final recommendations in relation to these Reviews be approved as follows:

 

For Okehampton

 

1.     That the existing parish boundaries of Okehampton Town Council and Okehampton Hamlets Parish Council be amended in line with Appendix B of the presented agenda report; and

 

2.     That the Council strongly encourages the Town and Parish Council to work more closely together for the benefit of their local communities.

 

For Sydenham Damerel

 

That the Parish Council be abolished and replaced by a ‘Parish Meeting’ form of governance; and

 

3.     the Monitoring Officer be granted delegated authority, in consultation with the lead Hub Committee Member for Communities and the Leader of Council, to execute the Reorganisation Orders in accordance with the Local Government and Public Involvement in Health Act 2007.

CM 73/23

Council Tax Discounts and Council Tax Reduction Scheme 2024/25 pdf icon PDF 206 KB

Minutes:

CM 73/23      

 

Consideration was given to a report that sought approval for the Council Tax Reduction Scheme for 2024/25.

 

The report also set out the current council tax discounts and premiums and reaffirmed the Council’s intention to levy a 100% premium on Second Homes as allowed by the Levelling-Up and Regeneration Act 2024.

 

  In the ensuing discussion, the following points were raised:

 

(a)      Some Members stated their opinion that homes should be for living in as opposed to profiteering from.  As a consequence, these Members welcomed the measures that were set out in the presented agenda report;

 

(b)      A Member also welcomed the proposals relating to the Minimum Income Floor and commented that the current central benefits system was letting down a number of local residents;

 

(c)      When questioned, officers confirmed that, at present, there was no statutory definition in relation to the term ‘substantially unfurnished property’.

 

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

 

1.     the contents of the report be noted;

 

2.     a local Council Tax Reduction Scheme for 2024/25 be approved as follows:

- Make no changes to the bands of the current banded scheme.

- Removes the Minimum Income Floor (MIF) for self employed Claimants.

- Disregards 100% of the of the ‘Limited Capability for Work’ element of Universal Credit;

 

3.     the following Council Tax discounts be adopted with effect from 1 April 2024,:

 

(a)   The discount for unoccupied and substantially unfurnished properties is 100% for a maximum period of 1 month.

 

(b)   The discount for unoccupied and substantially unfurnished properties for 1 month to 1 year is zero.

 

(c)   The discount for properties which require major repair work to render them habitable is 50% for a maximum period of 12 months.

 

(d)   The discount for unoccupied furnished properties (second homes) is zero.

 

(e)   An empty homes premium of an additional 100% is levied on properties that have remained unoccupied and unfurnished for at least one year, but less than five years.

 

(f)    An empty homes premium of an additional 200% is levied on properties that have remained unoccupied and unfurnished for at least five years, but less than ten years.

 

(g)   An empty homes premium of additional 300% is levied on properties that have remained unoccupied and unfurnished for at least ten years; and

 

4.     with effect from 1 April 2025, a Second Homes Premium of 100%, be adopted.”