Agenda and draft minutes

Council
Tuesday 16th October 2018 6.00 pm

Venue: Guildhall, High Street, Exeter

Contact: Sarah Selway, Democratic Services Manager (Committees)  Telephone 01392 265275 or email  sarah.selway@exeter.gov.uk

Items
No. Item

45.

Minutes pdf icon PDF 180 KB

To approve and sign the minutes of the Ordinary and Extraordinary meetings held on 24 July 2018.

 

Additional documents:

Minutes:

The minutes of the Ordinary and Extraordinary meetings held on 24 July 2018 were moved by the Deputy Leader, seconded by Councillor Pearson, taken as read, approved and signed as correct.

 

 

46.

Apologies

Minutes:

Apologies were received from Councillors Edwards, Keen, Lamb, Musgrave and Newby.

 

47.

Official Communications

Minutes:

The Lord Mayor congratulated Simon Tootell, the RAMM’s Volunteer Co-ordinator, who had recently been awarded the prestigious Queen’s Award for Voluntary Service, for his work in managing the huge task of co-ordinating the army of volunteers who help at the RAMM. This was the highest award given to volunteer groups across the UK and is just reward for this important work.

 

The Lord Mayor stated that it had been his privilege to meet Her Royal Highness The Princess Royal when she had celebrated the 150th anniversary of the RAMM with a visit. 

 

The Lord Mayor advised of some of the many events he had attended in recent months including:-

 

·         Lord Lieutenant’s Awards for voluntary service in Exeter;

·         Coldstream Guards Freedom of the City;

·         British Empire Medals and Queen’s Awards for Volunteers at County Hall

·         Memorial to Canadian World War II Forces at Stover School;

·         Heritage Open Day at the Guildhall including displays of Exeter Hospitals and Life in Wonford during World War I

·         Battle of Britain Parade for the 100th anniversary of the RAF cadets

·         Visit of the Duke of Gloucester to the Exeter College Technology Centre; and

·         Consecration of the Bishop of Crediton at Southwark Cathedral.

 

The Lord Mayor also passed on his best wishes to Councillor Denham who would shortly be on maternity leave and congratulated Councillor Packham on a work promotion.

48.

Petition

Minutes:

The Deputy Leader presented a petition to Council of some 1,802 signatures on “Save Clifton Hill Sports Centre”. The petition would be dealt with in accordance with the Council’s Petition Scheme.

 

49.

Planning Committee - 23 July 2018 pdf icon PDF 102 KB

Minutes:

The minutes of the Planning Committee of 23 July 2018 were presented by the Chair, Councillor Sutton, and taken as read.

 

RESOLVED that the minutes of the Planning Committee held on 23 July 2018 be received.

 

 

50.

Planning Committee - 13 August 2018 pdf icon PDF 71 KB

Minutes:

The minutes of the Planning Committee of 13 August 2018 were presented by the Chair, Councillor Sutton, and taken as read.

 

RESOLVED that the minutes of the Planning Committee held on 13 August 2018 be received.

 

 

51.

Planning Committee - 3 September 2018 pdf icon PDF 109 KB

Minutes:

The minutes of the Planning Committee of 3 September 2018 were presented by the Chair, Councillor Sutton, and taken as read.

 

In respect of Min. No. 166 as well as Min. No. 175 of the Planning Committee meeting held on 1 October 2018, the Chair commented that, although the Government had indicated its intention to lift the cap on the Housing Revenue Account, there was no guidance at present and that it would not have been appropriate to delay or defer the projects that were the subject of these applications. It was hoped that Councils would have a genuine ability to build additional, much needed, homes in the future.

 

RESOLVED that the minutes of the Planning Committee held on 3 September 2018 be received.

 

 

52.

Planning Committee - 1 October 2018 pdf icon PDF 124 KB

Minutes:

The minutes of the Planning Committee of 1 October 2018 were presented by the Chair, Councillor Sutton, and taken as read.

 

RESOLVED that the minutes of the Planning Committee held on 1 October 2018 be received.

 

53.

Licensing Committee - 18 September 2018 pdf icon PDF 72 KB

Minutes:

The minutes of the Licensing Committee of 18 September 2018 were presented by the Chair, Councillor Owen, and taken as read.

 

RESOLVED that the minutes of the Licensing Committee held on 18 September 2018 be received.

 

 

54.

People Scrutiny Committee - 6 September 2018 pdf icon PDF 91 KB

Minutes:

The minutes of the People Scrutiny Committee of 6 September 2018 were presented by the Chair for that meeting, Councillor Owen, and taken as read.

 

RESOLVED that the minutes of the People Scrutiny Committee held on 6 September 2018 be received.

 

 

55.

Place Scrutiny Committee - 13 September 2018 pdf icon PDF 158 KB

Additional documents:

Minutes:

The minutes of the Place Scrutiny Committee of 13 September 2018 were presented by the Chair, Councillor Sills, and taken as read.

 

RESOLVED that the minutes of the Place Scrutiny Committee held on 13 September 2018 be received.

 

 

 

56.

Audit and Governance Committee - 19 September 2018 pdf icon PDF 118 KB

Minutes:

The minutes of the Audit and Governance Committee of 19 September 2018 were presented by the Chair, Councillor N Vizard, and taken as read.

 

RESOLVED that the minutes of the Audit and Governance Committee held on 19 September 2018 be received and, where appropriate, adopted.

 

 

57.

Corporate Services Scrutiny Committee - 27 September 2018 pdf icon PDF 118 KB

Additional documents:

Minutes:

The minutes of the Corporate Services Scrutiny Committee of 27 September 2018 were presented by the Chair, Councillor Sheldon, and taken as read.

 

RESOLVED that the minutes of the Corporate Services Scrutiny Committee held on 27 September 2018 be received.

 

 

58.

Strata Joint Scrutiny Committee - 24 September 2018 pdf icon PDF 137 KB

Additional documents:

Minutes:

The minutes of the Strata Joint Scrutiny Committee of 24 September 2018 were presented by Councillor Lyons and taken as read.

 

RESOLVED that the minutes of the Strata Joint Scrutiny Committee held on 24 September 2018 be received.

 

 

59.

Strata Joint Executive Committee - 25 September 2018 pdf icon PDF 104 KB

Additional documents:

Minutes:

The minutes of the Strata Joint Executive Committee of 25 September 2018 were presented by Councillor Sutton, and taken as read.

 

RESOLVED that the minutes of the Strata Joint Executive Committee held on 25 September 2018 be received.

 

 

60.

Executive - 11 September 2018 pdf icon PDF 82 KB

Minutes:

In the absence of the Leader, the minutes of the Executive of 11 September 2018 were presented by the Deputy Leader, Councillor Sutton, and taken as read.

 

RESOLVED that the minutes of Executive held on 11 September 2018 be received and, where appropriate, adopted.

 

 

61.

Executive - 9 October 2018 pdf icon PDF 130 KB

Minutes:

In the absence of the Leader, the minutes of the Executive of 9 October 2018 were presented by the Deputy Leader, Councillor Sutton, and taken as read.

 

RESOLVED that the minutes of Executive held on 9 October 2018 be received and, where appropriate, adopted.

 

 

62.

Committee Membership

Minutes:

The Deputy Leader, Councillor Sutton, seconded by Councillor Pearson, moved the following changes to appointments to Committees and Outside Bodies.

 

RESOLVED that the following appointments be agreed:-

 

Portfolio Holder for the Housing Revenue Account

 

Councillor Wright to replace Councillor Packham

Councillor Wright to stand down from People Scrutiny Committee and Corporate Services Scrutiny Committee

 

Planning Committee

 

Councillor Sheldon to replace Councillor Denham

 

Licensing Committee

 

Councillor Pattison to replace Councillor Keen

 

Place Scrutiny Committee

 

Councillor Owen to replace Councillor Keen

 

Outside Bodies

 

Councillor Sutton to replace Councillor Denham on the following:-

 

  • Exeter Strategic Board
  • Leisure Complex and Bus Station Programme Board
  • Exeter Area Rail Project Working Party
  • Greater Exeter Strategic Partnership - Steering Group
  • Greater Exeter Strategic Partnership - Member Reference Forum

·         Parking and Traffic Regulation Outside London Adjudication Joint Committee

 

Appointments to the People Scrutiny Committee and the Corporate Services Scrutiny Committee and to the Planning MWG would be made in due course.

 

 

 

63.

Notice of Motion by Councillor Musgrave under Standing Order No. 6

This Council notes:-

 

•           55% of Exeter residents who voted in the EU referendum voted to remain in the EU.

•           Exeter has a greater share of exports to the EU than any other city in the UK (70% of exports from the city are destined for EU countries).

•           A recent Local Business Survey showed that confidence among SMEs in the West of England in the government to deliver a Brexit that works for business is on the wane, with only 11.69% of 230 businesses polled being confident or very confident that there will be a good deal.

•           Polling in July 2018 found that 71% of British people disapprove of how the Brexit negotiations are being handled.

•           Polling in August 2018 found that voters in the South West of England back a second referendum on the Brexit deal by a margin of 42% to 35% .

 

This Council believes:-

 

•           That the EU referendum on 23rd June 2016 should be considered the beginning of a democratic process, not the end of one.

•           That the conclusion by the Electoral Commission that the Leave campaign committed serious offences by breaking electoral law casts doubt on the legitimacy of the result of the 2016 referendum.

•           That new information on the way the referendum campaign was conducted and the economic, environmental and social impacts of Brexit, which have come to light since the referendum, may have altered some voters’ preferences regarding desired outcomes of the Brexit negotiations.

•           That giving the British people a final say on the Brexit negotiations will help to rebuild trust and engagement in the political process.

 

This Council resolves:-

 

•           To express our support publicly for a People’s Vote on the final terms of any Brexit deal.

•           To write to our local MP, Ben Bradshaw, and the Prime Minister, Theresa May, informing them that Exeter City Council has passed this motion in support of a People’s Vote.

 

 

Minutes:

Councillor Mitchell, on behalf of Councillor Musgrave who had submitted his apologies, seconded by Councillor Sills, moved a Notice of Motion in the following terms:-

 

This Council notes:-

 

•           55% of Exeter residents who voted in the EU referendum voted to remain in the EU.

•           Exeter has a greater share of exports to the EU than any other city in the UK (70% of exports from the city are destined for EU countries).

•           A recent Local Business Survey showed that confidence among SMEs in the West of England in the government to deliver a Brexit that works for business is on the wane, with only 11.69% of 230 businesses polled being confident or very confident that there will be a good deal.

•           Polling in July 2018 found that 71% of British people disapprove of how the Brexit negotiations are being handled.

•           Polling in August 2018 found that voters in the South West of England back a second referendum on the Brexit deal by a margin of 42% to 35% .

 

This Council believes:-

 

•           That the EU referendum on 23rd June 2016 should be considered the beginning of a democratic process, not the end of one.

•           That the conclusion by the Electoral Commission that the Leave campaign committed serious offences by breaking electoral law casts doubt on the legitimacy of the result of the 2016 referendum.

•           That new information on the way the referendum campaign was conducted and the economic, environmental and social impacts of Brexit, which have come to light since the referendum, may have altered some voters’ preferences regarding desired outcomes of the Brexit negotiations.

•           That giving the British people a final say on the Brexit negotiations will help to rebuild trust and engagement in the political process.

 

This Council resolves:-

 

•           To express our support publicly for a People’s Vote on the final terms of any Brexit deal.

•           To write to our local MP, Ben Bradshaw, and the Prime Minister, Theresa May, informing them that Exeter City Council has passed this motion in support of a People’s Vote.

 

In moving the motion, Councillor Mitchell stated that he believed that there were many security, social, environmental, cultural and economic advantages to remaining in the European Union. He referred to the significant number of leading political figures in the Conservative and Labour parties who advocated a People’s Vote and to the support for this vote by his party, the Liberal Democrats, as well as the Scottish National Party and the Green Party. He believed that people, not politicians, should have the final say on the terms of any Brexit deal.

 

A number of Members spoke in support of the motion, many having campaigned in favour of remaining in the European Union prior to the Referendum in June 2016. They referred to significant changes in public opinion on the issue as negotiations on the nature of the UK’s departure from the European Union had progressed. Much further information was now available  ...  view the full minutes text for item 63.

64.

Questions from Members of the Council under Standing Order No 8

Question from Councillor Mrs Thompson.

 

Is the Leader able to explain why individual employees of the City Council are making planning applications for Exeter City Council where the development is to be undertaken by the Councils Private Development Company building housing to be sold on the open market : the application presented at Committee 3rd September 2018 made no reference in the report of the application being for Exeter City Council or the Council's private development company?

 

Minutes:

In accordance with Standing Order No. 8, the following questions were put by Councillor Thompson to the Deputy Leader.

 

Question - Is the Leader able to explain why individual employees of the City Council are making planning applications for Exeter City Council where the development is to be undertaken by the Councils Private Development Company building housing to be sold on the open market : the application presented at Committee 3rd September 2018 made no reference in the report of the application being for Exeter City Council or the Council's private development company?

 

The Deputy Leader replied that the planning application was in the name of Gary Stenning who was the Council Officer involved with the HRA development sites. As we have done over the past 10 years all our planning applications have needed to be in the name of an individual and this will be an Officer of the Council. The planning application was submitted before the Development Company was established, even if the Development Company had been in existence they would have been in the name of Emma Osmundsen on behalf of Exeter City Living Ltd. This is normal practice, undertaken by the majority of applicants. Applications will in future show that they are by the City Council or the Development Company.

 

Councillor Thompson asked a supplementary question surrounding the Council’s Scheme of Delegation to Officers and, in particular, officers’ authority to submit planning applications on behalf of the City Council.

 

The Deputy Leader undertook to provide a written answer.

 

Question - How can decisions taken under Delegated Authority be democratic if Members scrutinising a lease already signed cannot reverse the decision such as in the case of leasing accommodation to the Police at the Civic Centre?

 

The Portfolio Holder for Support Services responded that the Council's scheme of delegative powers are entirely democratic in that they are issued, altered and withdrawn by elected Members under the constitution. He advised that the City Council benefited from leasing space to other organisations such as CAB, Devon County Council Early Years, Multilingua, Ubuntu Counselling Service, National Family Mediation Service and Sanctuary Housing. The issue of parking space was delegated to officers.

 

Councillor Thompson asked a supplementary question – was the delegation taken on the basis of a strategic decision ?

 

The Portfolio Holder responded that the decision to relocate their offices to the Civic Centre was a strategic decision for the Police to make best use of their resources and mirrored the City Council delivery of other front line public services, but was an operational decision as far as the City Council was concerned.

 

Question - In a report to Corporate Services Committee it is noted the Section 151 Officer issued a first warning stating the financial reserves may fall below the minimum and action was required to reduce spend and a report is to be brought to Executive on the costs of agency and consultancy fees: in view of this should the Council be engaging consultants  ...  view the full minutes text for item 64.