Agenda, decisions and minutes

To sign the minutes of the meetings held on 20 March and 3 April 2012.

(Minute 52)

The minutes of the meetings of Executive held on 20 March and 3 April 2012 were taken as read and signed by the Chair as a correct record.

The minutes of the meetings of Executive held on 20 March and 3 April 2012 were taken as read and signed by the Chair as a correct record.

Councillors are reminded of the need to declare personal and prejudicial interests, including the nature and extent of such interests, in relation to business on the agenda, before any discussion takes place on the item.  Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

(Minute 53)

The following personal interests were declared:-

The following personal interests were declared:-

To consider the report of the Assistant Director Environment.

Scrutiny Committee – Community considered the report at its meeting on 29 May 2012 and comments will be reported.

(Report circulated)

(Minute 54)

The report of the Assistant Director Environment was submitted, seeking approval for the adoption of the Statutory Service Plan (Business Compliance) 2012/13. The plan sets out the Council’s regulatory function in respect of food safety, health and safety and other statutory functions over the forthcoming year.

Scrutiny Committee – Community considered the report at their meeting on 29 May 2012 and the support of members was noted.

Councillor Mrs Henson asked whether the use of pork substitute was routinely included in the restaurant inspection checklist and the Strategic Director (MP) undertook to investigate and confirm the position to her.

Executive recommended to Council that:-

(1)        the Statutory Service Plan (Business Compliance) 2012/13 be approved; and

(2)        the Assistant Director Environment be authorised to change the Statutory Service Plan in the light of centrally issued guidance and/or to meet operational needs.

The report of the Assistant Director Environment was submitted, seeking approval for the adoption of the Statutory Service Plan (Business Compliance) 2012/13. The plan sets out the Council’s regulatory function in respect of food safety, health and safety and other statutory functions over the forthcoming year.

Scrutiny Committee – Community considered the report at their meeting on 29 May 2012 and the support of members was noted.

Councillor Mrs Henson asked whether the use of pork substitute was routinely included in the restaurant inspection checklist and the Strategic Director (MP) undertook to investigate and confirm the position to her.

RECOMMENDED to Council that:-

(1)        the Statutory Service Plan (Business Compliance) 2012/13 be approved; and

(2)        the Assistant Director Environment be authorised to change the Statutory Service Plan in the light of centrally issued guidance and/or to meet operational needs.

(Report circulated)

To consider the report of the Assistant Director Environment.

Scrutiny Committee – Community considered the report at its meeting on 29 May 2012 and comments will be reported.

(Report circulated)

(Minute 55)

The report of the Assistant Director Environment was submitted, informing Members of the financial assistance awarded to private sector households in 2011/12 and seeking approval for proposed changes to the types and levels of financial assistance that will be available in 2012/13.

Scrutiny Committee – Community considered the report at their meeting on 29 May 2012 and their comments and support were noted.

Executive noted that financial assistance packages were an important tool in the range of measures available to improve housing conditions in the private sector. Members noted that the private rented sector housing stock in Exeter was larger than the national average and welcomed all measures to improve the standard of accommodation. 

Executive resolved that:-

(1)        the financial assistance tools outlined in the report, and their respective budget allocation be approved; and

(2)        the Assistant Director Environment, in consultation with the Portfolio Holder for Housing and Community Involvement, be authorised to re-allocate uncommitted parts of the respective budget allocation between financial assistance tools, in order to meet need.

The report of the Assistant Director Environment was submitted, informing Members of the financial assistance awarded to private sector households in 2011/12 and seeking approval for proposed changes to the types and levels of financial assistance that will be available in 2012/13.

Scrutiny Committee – Community considered the report at their meeting on 29 May 2012 and their comments and support were noted.

Executive noted that financial assistance packages were an important tool in the range of measures available to improve housing conditions in the private sector. Members noted that the private rented sector housing stock in Exeter was larger than the national average and welcomed all measures to improve the standard of accommodation. 

RESOLVED that:-

(1)        the financial assistance tools outlined in the report, and their respective budget allocation be approved; and

(2)        the Assistant Director Environment, in consultation with the Portfolio Holder for Housing and Community Involvement, be authorised to re-allocate uncommitted parts of the respective budget allocation between financial assistance tools, in order to meet need.

(Report circulated)

To consider the report of the Assistant Director City Development.

Scrutiny Committee – Economy considered the report at its meeting on 31 May 2012 and comments will be reported.

(Report circulated)

(Minute 56)

Councillor Martin declared a personal interest in the item as a trustee of Exeter Community Transport Association and a shareholder of the Real Food Store.

The report of the Assistant Director City Development was submitted, presenting to Members the responses received to the public engagement exercise in respect of the draft Development Principles, and seeking approval for proposed changes to the document and the endorsement of the amended document for development management purposes.

Scrutiny Committee – Economy considered the report at their meeting on 31 May 2012 and the comments and support of members were noted.

Executive noted and welcomed the responses to the consultation. The Portfolio Holder Sustainable Development and Transport emphasised that this was the first stage of consultation, relating to the general principles of the development, and consultation would be undertaken on more detailed proposals in due course.

Executive resolved that:-

(1)        the consultation responses be noted and the Bus and Coach Station Development Principles endorsed, subject to the amendments listed in the report, to inform decision making by the City Council; and

(2)        the proposed response to the public consultation and the amended principles in paragraph 8.1 of the report be agreed.

Councillor Martin declared a personal interest in the item as a trustee of Exeter Community Transport Association and a shareholder of the Real Food Store.

The report of the Assistant Director City Development was submitted, presenting to Members the responses received to the public engagement exercise in respect of the draft Development Principles, and seeking approval for proposed changes to the document and the endorsement of the amended document for development management purposes.

Scrutiny Committee – Economy considered the report at their meeting on 31 May 2012 and the comments and support of members were noted.

Executive noted and welcomed the responses to the consultation. The Portfolio Holder Sustainable Development and Transport emphasised that this was the first stage of consultation, relating to the general principles of the development, and consultation would be undertaken on more detailed proposals in due course.

RESOLVED that:-

(1)        the consultation responses be noted and the Bus and Coach Station Development Principles endorsed, subject to the amendments listed in the report, to inform decision making by the City Council; and

(2)        the proposed response to the public consultation and the amended principles in paragraph 8.1 of the report be agreed.

(Report circulated)

To consider the report of the Assistant Director City Development.

(Report circulated)

(Minute 57)

The report of the Assistant Director City Development was submitted, presenting to Members the draft ‘Neighbourhood Planning Protocol’. 

Executive welcomed the protocol which aimed to provide clarity for local communities, to establish a co-ordinated approach and to help manage resource implications. Members agreed that the process should be straightforward and accessible in line with the principle of devolving responsibility to local communities and were concerned to avoid any formalisation of the process that may deter communities from applying.  Nevertheless, should the number of applications increase significantly, the Chair undertook to bring the process back to Executive for review.

Executive resolved that:-

(1)        the adoption of the Neighbourhood Planning Protocol for Exeter City Council be agreed; and

(2)        in accordance with the Neighbourhood Planning Protocol, delegated authority be granted to the Assistant Director City Development, in conjunction with the Portfolio Holder for Sustainable Development and Transport, to publicise applications for Areas and Forums, consider representations and to determine the applications.

The report of the Assistant Director City Development was submitted, presenting to Members the draft ‘Neighbourhood Planning Protocol’. 

Executive welcomed the protocol which aimed to provide clarity for local communities, to establish a co-ordinated approach and to help manage resource implications. Members agreed that the process should be straightforward and accessible in line with the principle of devolving responsibility to local communities and were concerned to avoid any formalisation of the process that may deter communities from applying.  Nevertheless, should the number of applications increase significantly, the Chair undertook to bring the process back to Executive for review.

RESOLVED that:-

(1)        the adoption of the Neighbourhood Planning Protocol for Exeter City Council be agreed; and

(2)        in accordance with the Neighbourhood Planning Protocol, delegated authority be granted to the Assistant Director City Development, in conjunction with the Portfolio Holder for Sustainable Development and Transport, to publicise applications for Areas and Forums, consider representations and to determine the applications.

(Report circulated)

To consider the report of the Assistant Director City Development.

(Report circulated)

(Minute 58)

The report of the Assistant Director City Development was submitted, seeking approval to a revised programme for the preparation of the various documents that show how the authority is going to plan for development in its area.

He reported that the Planning Member Working Group on 12 June had supported approval of the Local Development Scheme but had identified the need to update the audit of Open Space, Sport and Recreation facilities.

Executive welcomed the Local Development Scheme and endorsed the need to update the Open Space audit as soon as possible.

Executive resolved that the Local Development Scheme be approved to come into effect on 25 June 2012.

The report of the Assistant Director City Development was submitted, seeking approval to a revised programme for the preparation of the various documents that show how the authority is going to plan for development in its area.

He reported that the Planning Member Working Group on 12 June had supported approval of the Local Development Scheme but had identified the need to update the audit of Open Space, Sport and Recreation facilities.

Executive welcomed the Local Development Scheme and endorsed the need to update the Open Space audit as soon as possible.

RESOLVED that the Local Development Scheme be approved to come into effect on 25 June 2012.

(Report circulated)

To consider the report of the Assistant Director City Development.

(Report circulated)

(Minute 59)

The report of the Assistant Director City Development was submitted, asking Members to consider the content of the ‘Have your Say’ document and agree its publication for consultation purposes in order to help inform the preparation and content of the Site Allocations and Development Management Development Plan Document (DPD).  He identified the timetable for the process.

The Assistant Director City Development reported on amendments arising from discussion of the document by Planning Member Working Group. He circulated an amended Map 30 and a new Map 52 in relation to Local Centres – Whipton and the Open Space at Ringswell Campus, Ringswell Avenue/Bramley Avenue respectively.  He reported on concerns expressed by Members at Planning Member Working Group regarding potential noise nuisance emanating from employment uses in residential areas and suggesting these should be limited to light industry – this would be dealt with under delegated powers. It was proposed to include updated information on student numbers and to add a designation of the Monkerton ridge line as Valley Park.

Executive supported the content of the “Have your Say” document, subject to the amendments proposed by the Planning Member Working Group and reported by the Assistant Director City Development.

Executive resolved that the publication of the ‘Have your Say’ document for consultation be agreed, and delegated authority be given to the Assistant Director City Development in conjunction with the Portfolio Holder for Sustainable Development and Transport to make minor changes to the document prior to publication.

The report of the Assistant Director City Development was submitted, asking Members to consider the content of the ‘Have your Say’ document and agree its publication for consultation purposes in order to help inform the preparation and content of the Site Allocations and Development Management Development Plan Document (DPD).  He identified the timetable for the process.

The Assistant Director City Development reported on amendments arising from discussion of the document by Planning Member Working Group. He circulated an amended Map 30 and a new Map 52 in relation to Local Centres – Whipton and the Open Space at Ringswell Campus, Ringswell Avenue/Bramley Avenue respectively.  He reported on concerns expressed by Members at Planning Member Working Group regarding potential noise nuisance emanating from employment uses in residential areas and suggesting these should be limited to light industry – this would be dealt with under delegated powers. It was proposed to include updated information on student numbers and to add a designation of the Monkerton ridge line as Valley Park.

Executive supported the content of the “Have your Say” document, subject to the amendments proposed by the Planning Member Working Group and reported by the Assistant Director City Development.

RESOLVED that the publication of the ‘Have your Say’ document for consultation be agreed, and delegated authority be given to the Assistant Director City Development in conjunction with the Portfolio Holder for Sustainable Development and Transport to make minor changes to the document prior to publication.

(Report circulated)

To consider the report of the Assistant Director Public Realm.

(Report circulated)

(Minute 60)

The report of the Assistant Director Public Realm was submitted, seeking a decision on a proposal to rename four City Council car parks, amend tariffs at the refurbished King William Street Multi-Storey Car Park (MSCP) and Mary Arches Multi-Storey Car Park with effect from 3 September 2012, and revoke and remake the Parking Places Order to give effect to these and other changes.

Whilst it was proposed to rename the multi-storey section of the King William Street Car Park as the John Lewis Car Park for pragmatic, particularly traffic management, reasons, the Assistant Director Public Realm assured members that it would be clearly branded as an Exeter City Council car park and remain under the Council’s ownership and control. The renaming of the Fairport car park to Magdalen Road was proposed in response to a request by traders in Magdalen Road.

Executive supported the proposals and members expressed their appreciation for the valuable work undertaken by the all-party Car Parks Task and Finish Group. 

Executive resolved that:-

(1)        the proposals for renaming four car parks as detailed in paragraph 3.1 of the report be agreed;

(2)        the tariff structure detailed in Annex A of the report be approved for the King William Street/John Lewis MSCP and Mary Arches Street MSCP with effect from 3 September 2012;

(3)        in line with existing policy in pay on foot car parks, free parking for blue badge holders be withdrawn from the King William Street/John Lewis MSCP with effect from 3 September 2012;

(4)        The City of Exeter (Civil Enforcement Off Street Parking Places) Order 2008 be revoked and a new City of Exeter (Civil Enforcement Off Street Parking Places ) Order 2012 be advertised;

(5)        authority to consider any objections to the proposed Order be delegated to the Strategic Director in consultation with the Leader of the Council and Portfolio Holder for Sustainable Development and Transport; and

(6)        subject to consideration of any objections, the City of Exeter (Civil Enforcement Off Street Parking Places) Order 2012 be made and sealed.

The report of the Assistant Director Public Realm was submitted, seeking a decision on a proposal to rename four City Council car parks, amend tariffs at the refurbished King William Street Multi-Storey Car Park (MSCP) and Mary Arches Multi-Storey Car Park with effect from 3 September 2012, and revoke and remake the Parking Places Order to give effect to these and other changes.

Whilst it was proposed to rename the multi-storey section of the King William Street Car Park as the John Lewis Car Park for pragmatic, particularly traffic management, reasons, the Assistant Director Public Realm assured members that it would be clearly branded as an Exeter City Council car park and remain under the Council’s ownership and control. The renaming of the Fairport car park to Magdalen Road was proposed in response to a request by traders in Magdalen Road.

Executive supported the proposals and members expressed their appreciation for the valuable work undertaken by the all-party Car Parks Task and Finish Group. 

RESOLVED that:-

(1)        the proposals for renaming four car parks as detailed in paragraph 3.1 of the report be agreed;

(2)        the tariff structure detailed in Annex A of the report be approved for the King William Street/John Lewis MSCP and Mary Arches Street MSCP with effect from 3 September 2012;

(3)        in line with existing policy in pay on foot car parks, free parking for blue badge holders be withdrawn from the King William Street/John Lewis MSCP with effect from 3 September 2012;

(4)        The City of Exeter (Civil Enforcement Off Street Parking Places) Order 2008 be revoked and a new City of Exeter (Civil Enforcement Off Street Parking Places ) Order 2012 be advertised;

(5)        authority to consider any objections to the proposed Order be delegated to the Strategic Director in consultation with the Leader of the Council and Portfolio Holder for Sustainable Development and Transport; and

(6)        subject to consideration of any objections, the City of Exeter (Civil Enforcement Off Street Parking Places) Order 2012 be made and sealed.

(Report circulated)

To consider the report of the Assistant Director Housing and Contracts.

(Report circulated)

(Minute 61)

The report of the Assistant Director Housing and Contracts was submitted, informing Executive of the terms of the Right to Buy (RTB) Agreement produced by Communities and Local Government (CLG) under Section 11(6) of the Local Government Act 2003. It sought approval for the Assistant Director Finance to be authorised to enter into an Agreement with CLG on behalf of the Council and that the additional Right To Buy (RTB) receipts generated be utilised to help fund the Council’s proposed House-building Programme up to 30% of the value of the total costs.

Executive welcomed the opportunity to retain Right to Buy receipts to help fund the Council’s own house-building programme. Members supported the development of new properties wherever possible and noted the potential pitfalls of buying “off-the-shelf” homes.  They were also informed that the Council would absorb the administrative costs of any abortive house sales.

Executive resolved that:-

(1)        the terms of the RTB Agreement produced by the Department of Communities and Local Government (CLG) under Section 11(6) of the Local Government Act 2003 - to enable local authorities to retain any additional Right to Buy (RTB) receipts generated as a result of the increased maximum RTB discount in order to fund the provision of replacement Council homes in their district be noted;

(2)        the Assistant Director Finance be authorised to enter into the Standard Agreement with the CLG on behalf of the Council and that the additional RTB receipts generated be utilised to help fund the Council’s proposed House-building Programme;

(3)        subsequently, should it be identified that sufficient retained RTB receipts will not be spent before they have to otherwise be returned to the DCLG, a report be submitted to Executive setting out their alternative use, as permitted under the agreement.  Permitted alternative uses include the acquisition of existing homes on the open market or social housing provided through grants to housing associations.

The report of the Assistant Director Housing and Contracts was submitted, informing Executive of the terms of the Right to Buy (RTB) Agreement produced by Communities and Local Government (CLG) under Section 11(6) of the Local Government Act 2003. It sought approval for the Assistant Director Finance to be authorised to enter into an Agreement with CLG on behalf of the Council and that the additional Right To Buy (RTB) receipts generated be utilised to help fund the Council’s proposed House-building Programme up to 30% of the value of the total costs.

Executive welcomed the opportunity to retain Right to Buy receipts to help fund the Council’s own house-building programme. Members supported the development of new properties wherever possible and noted the potential pitfalls of buying “off-the-shelf” homes.  They were also informed that the Council would absorb the administrative costs of any abortive house sales.

RESOLVED that:-

(1)        the terms of the RTB Agreement produced by the Department of Communities and Local Government (CLG) under Section 11(6) of the Local Government Act 2003 - to enable local authorities to retain any additional Right to Buy (RTB) receipts generated as a result of the increased maximum RTB discount in order to fund the provision of replacement Council homes in their district be noted;

(2)        the Assistant Director Finance be authorised to enter into the Standard Agreement with the CLG on behalf of the Council and that the additional RTB receipts generated be utilised to help fund the Council’s proposed House-building Programme; and

(3)        subsequently, should it be identified that sufficient retained RTB receipts will not be spent before they have to otherwise be returned to the DCLG, a report be submitted to Executive setting out their alternative use, as permitted under the agreement.  Permitted alternative uses include the acquisition of existing homes on the open market or social housing provided through grants to housing associations.

(Report circulated)

To consider the report of the Chief Executive.

(Report circulated)

(Minute 62)

The report of the Chief Executive was submitted, seeking agreement to the payment of a £250 pay increase for 2012/13, in respect of all staff earning a fulltime equivalent salary of under £21,000 per annum. The Chief Executive reported that, although the Chancellor of the Exchequer had promised a £250 pay rise to public sector employees in his 2010 emergency budget, the national Local Government Employers organisation had refused to agree the increase for the last two years.

Executive supported the proposed pay award and placed on record their appreciation for the commitment and co-operation of staff and the unions during this period of financial pressure. 

Executive resolved that all employees whose full time equivalent salary is less than £21,000 per annum be awarded a pay increase of £250 (or the appropriate proportion for part-time employees) with effect from 1 April 2012.

The report of the Chief Executive was submitted, seeking agreement to the payment of a £250 pay increase for 2012/13, in respect of all staff earning a fulltime equivalent salary of under £21,000 per annum. The Chief Executive reported that, although the Chancellor of the Exchequer had promised a £250 pay rise to public sector employees in his 2010 emergency budget, the national Local Government Employers organisation had refused to agree the increase for the last two years.

Executive supported the proposed pay award and placed on record their appreciation for the commitment and co-operation of staff and the unions during this period of financial pressure. 

RESOLVED that all employees whose full time equivalent salary is less than £21,000 per annum be awarded a pay increase of £250 (or the appropriate proportion for part-time employees) with effect from 1 April 2012.

(Report circulated)

To consider the report of the Strategic Director (KH).

(Report circulated)

(Minute 63)

The report of the Strategic Director (KH) was submitted, informing Members of the proposals for an artwork in Princesshay to commemorate the visit to Exeter by Her Majesty Queen Elizabeth II on 2 May 2012, and to report the authorisation of expenditure for this artwork under Financial Regulation 21.

Executive noted that the proposed public artwork had been commissioned on a joint basis by Land Securities and Exeter City Council and the design of the artwork had been determined by a cross-party working group; The artwork would be funded through New Homes Bonus as set out in 4.1 and 4.2 of the report.

Executive was pleased to note that Her Majesty the Queen had been grateful to receive the illustration of the design and members looked forward to the installation of the high quality artwork.  They recorded their appreciation to the members and officers who had worked hard to progress the project.

Executive resolved that the commissioning of the public artwork in Princesshay be noted and that funding had been approved under Financial Regulation 21.

The report of the Strategic Director (KH) was submitted, informing Members of the proposals for an artwork in Princesshay to commemorate the visit to Exeter by Her Majesty Queen Elizabeth II on 2 May 2012, and to report the authorisation of expenditure for this artwork under Financial Regulation 21.

Executive noted that the proposed public artwork had been commissioned on a joint basis by Land Securities and Exeter City Council and the design of the artwork had been determined by a cross-party working group. The artwork would be funded through New Homes Bonus as set out in paragraphs 4.1 and 4.2 of the report.

Executive was pleased to note that Her Majesty the Queen had been grateful to receive the illustration of the design and members looked forward to the installation of the high quality artwork.  They recorded their appreciation to the members and officers who had worked hard to progress the project.

RESOLVED that the commissioning of the public artwork in Princesshay be noted and that funding had been approved under Financial Regulation 21.

(Report circulated)

To consider the appointment of representatives to serve on the outside bodies set out in the schedule.

(Report circulated)

(Minute 64)

The schedule of representatives on outside bodies was circulated.

Executive resolved that:-

(1) the following appointments be agreed:-

Central Exeter Relief in Need Charity – Mr PJ Brock

Exeter Canal and Quay Trust Ltd – Cllr Leadbetter to replace Cllr Mottram

Exeter International Airport Consultative Forum – Cllr Mrs Henson to replace Portfolio Holder for Economy and Tourism (Cllr Denham)

Exeter School – Mr J Taghdissian

St Edmunds and St Mary Major charity, Exeter – Mr PJ Brock

Exeter Board – Cllrs Branston, Robson, Sutton and Mrs Henson (Liberal Democrat nomination to be advised)

(2) that no appointment be made to Devon Playing Fields Association; and

and recommended that appointments to the remaining vacancies be made by Council.

The schedule of representatives on outside bodies was circulated.

RESOLVED that:-

(1)     the following appointments be agreed:-

Central Exeter Relief in Need Charity – Mr PJ Brock

Exeter Canal and Quay Trust Ltd – Cllr Leadbetter to replace Cllr Mottram

Exeter International Airport Consultative Forum – Cllr Mrs Henson to replace Portfolio Holder for Economy and Tourism (Cllr Denham)

Exeter School– Mr J Taghdissian

St Edmunds and St Mary Major Charity, Exeter – Mr PJ Brock

Exeter Board – Cllrs Branston, Robson, Sutton and Mrs Henson - the fifth representative to be appointed on the nomination by the Liberal Democrat Group Leader

(2)     existing representatives continue to serve on those bodies set out on the schedule where no current vacancies exist;  

(3)     no appointment be made to Devon Playing Fields Association; and

RECOMMENDED that appointments to outstanding vacancies set out in the Appendix to the minutes be agreed by Council.

(Schedule circulated)

RESOLVED that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of item 16 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 of Part I, Schedule 12A of the Act. 

(Minute 65)

Executive resolved, under Section 100A(4) of the Local Government Act 1972, that the press and public be excluded from the meeting during consideration of the following item on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Act.

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following item on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Act.

Members are requested to note the minutes of the Exeter and Heart of Devon Growth Board meeting held on 23 April 2012.

(Minutes circulated to Members)

(Minute 66)

Executive noted the minutes of the Exeter and Heart of Devon Growth Board of 23 April 2012.

RESOLVED that the minutes of the Exeter and Heart of Devon Growth Board of 23 April 2012 be noted.

(Minutes circulated to Members)