Agenda and draft minutes

To approve and sign the minutes of the Extraordinary and Ordinary meetings held on 20 February 2024 and the Extraordinary meeting held on 21 March 2024.

The minutes of the Extraordinary meeting of the Council held on 20 February 2024 were moved by the Leader, Councillor Bialyk, and seconded by Councillor Wright taken as read, approved, and signed as correct, with one minor amendment to Minute No. 10.

The minutes of the Ordinary meeting of the Council held on 20 February 2024 and of the Extraordinary meeting of the Council held on 21 March 2024 were moved by the Leader, Councillor Bialyk, and seconded by Councillor Wright taken as read, approved, and signed as correct.

The Lord Mayor advised that he had attended the following:-

• the opening of the Vranch House outdoor accessible area and sensory path;
• the Children’s Hospice South West Jailbreak Fundraising event where as Lord Mayor, he presided over sentencing the prisoners to pay bail of £999;
• the King’s Squad Passing Out Parade at the Royal Marines Commando Training Centre;
• the retirement reception for Inspector Simon Arliss, where he presented him with a Lord Mayor’s Commendation Award;
• the 2nd Anniversary of the Devon Ukrainian Association and Conversation Café;
• the Exeter Hindu Cultural Centre Holi Celebration; and
• the launch of the Women’s Rugby World Cup event.

He further advised that he had hosted a charity talk by local Historian, Dr Todd Gray – where £1,200 was raised for the Lord Mayor’s chosen charity, FORCE Cancer Charity.

The Lord also Mayor bade farewell to the Members who would not be standing in this year’s City Council elections as well as those who had already left, namely Councillors Richard Branston, Barbara Denning, David Harvey, Andrew Leadbetter, Zion Lights, Martin Pearce, Amy Sparling, Steve Warwick and Emma Morse. He expressed the thanks of the Council to them and wished them well for the future. He then invited Members who would not be standing in this year’s elections to say a few words if they so wished:-

• Councillor Harvey conveyed how honoured and privileged he had been to serve as a Member for eight years;
• Councillor Warwick looked back on his previous roles as a Councillor in Surrey and in Liverpool as well as Exeter and implored all Members to fight for Local Government;
• Councillor Sparling thanked everyone who had voted for her as well as all Exeter City Council officers she had been working with and the members of the community in St David’s; and
• Councillor Denning highlighted the need to take Local Government seriously.

The Lord Mayor thanked everyone for their comments and gave a special mention to Councillor Branson, currently the Father of the Chamber and a long-standing personal friend of his.

Details of questions should be notified to the Manager Democratic Services Manager at least three working days prior to the meeting - by 10am on Thursday 18 April 2024.

Further information and a copy of the procedure are available from Democratic Services) and details about speaking at Council to be found here: Public Speaking at Meetings.

The Lord Mayor reported the receipt of five questions from members of the public.

Question from Mrs Cynthia Thompson

Was a preferred access near IKEA shown on the Masterplan for the proposed St. Bridget’s Nursery Development and if so, what advice was presented by a Planning Solicitor to the Planning Committee re. The Housing and Planning Act 2016 Sections 2023-2025 for possible Statutory means of achieving this access?

The Leader gave the following response:

The Newcourt Masterplan (November 2010) shows a primary route from the A379 heading south-east, which has now become Newcourt Way. A secondary route then is shown heading south-west from this primary route (in the approximate area where the roundabout onto Ikea Way has been built) which links into the St Bridget’s Nursery land.

The Masterplan was not adopted as a Supplementary Planning Document.

The adopted Exeter Core Strategy (February 2012) does not require development to be in full accordance with the masterplan as it is only indicative of the final development. This was a position recommended by the Planning Inspector when assessing the Core Strategy, leading to paragraph 12.13 of the Core Strategy which states that 'The development of this area should have general regard to guidance contained within the Newcourt Master Planning Study.

No advice was given directly to the Planning Committee by the Council’s solicitor regarding a statutory means of achieving this connection. The sections cited refer to powers to override easements or other rights in the land.

The Council is unaware of whether there are easements and other rights benefitting adjoining land that need to be overridden in order for the development to progress. In any event these powers can only be invoked where the Council are considering using their powers of Compulsory Purchase.

The developer has not approached the Council about it using its compulsory purchase powers so as to overcome any rights of light, easements, or restrictive covenants by virtue of s203 of the Housing and Planning Act 2016. This is probably because the developer believed that it had an adequate alternative access scheme.

In a supplementary question, Mrs Thompson asked if, in future, such information would be provided. The Leader replied that advice would be sought on the subject.

Question from Mr Alan Conibere

The full ramifications and cost to Exeter taxpayers following the collapse of Exeter City Living will not be realised until the evaluation and sale of acquired Council land is completed. Are you any further forward with that process and what is the Councils current assessment of net loss of this failed project.

The Leader gave the following response:

The process of scaling back the Company was completed on 27 March. ECL made a cash payment of £1.4m towards the loans and transferred assets to a value of £4.3 million to the Council, including the land at Clifton Hill additionally the Council has made a statutory repayment of debt of £441,000 leaving a total of £3.95 million to be written off.

The £3.95 million has been financed  ...  view the full minutes text for item 28.

The minutes of the Planning Committee of 19 February 2024 were presented by the Deputy Chair, Councillor Asvachin, and taken as read.

RESOLVED that the minutes of the Planning Committee of 19 February 2024 be received.

The minutes of the Planning Committee of 25 March 2024 were presented by the Deputy Chair, Councillor Asvachin, and taken as read.

RESOLVED that the minutes of the Planning Committee of 25 March 2024 be received.

The minutes of the Audit and Governance Committee of 6 March 2024 were

presented by the Chair, Councillor Wardle, and taken as read.

In respect of Minute No. 9 (Informing the Audit Risk Assessment), Councillor Moore asked what action would be taken to review the Council’s processes to help officers be aware of potentially fraudulent attempts to influence decision-making. Councillor Bialyk acknowledged the seriousness of any attempt of fraud and stressed that interference with the democratic process was unacceptable from anyone. He advised that he would consult with solicitors and the Chief Executive and bring a report back at the appropriate time.

In respect of Minute No. 6 (Interim Annual Auditor's Annual Report on Exeter City Council 2021/22 and 2022/23), Councillor Moore prompted the Leader for an update on the arrangements for the appointment of representatives to all relevant Council-connected companies and charities. In his response, Councillor Bialyk remarked that the minute in question was that of a meeting he did not attend; however, he endeavoured to provide Councillor Moore with an answer at the earliest opportunity.

RESOLVED that the minutes of the Audit and Governance Committee of 6 March 2024 be received.

The minutes of the Licensing Committee of 19 March 2024 were presented by the Chair, Councillor Asvachin, and taken as read.

RESOLVED that the minutes of the Licensing Committee held on 19 March 2024 be received.

The minutes of the Harbour Board of 11 March 2024 were presented by the Chair, Councillor R Williams, and taken as read.

In respect of Minute No. 76 (Harbour Revision Order Update), Councillor Bennett sought confirmation from Councillor R Williams that the Harbour Board budget would feature on future Harbour Board agendas as a standing item. Councillor R Williams clarified that the Harbour Board budget details were submitted to the Audit & Governance Committee – and therefore already in the public domain – would be circulated for information with Harbour Board agendas.

RESOLVED that the minutes of the Harbour Board held on 11 March 2024 be received.

The minutes of the Strategic Scrutiny Committee meeting of 14 March 2024 were presented by the Chair, Councillor Atkinson, and taken as read. She placed on record her thanks to the recently departed Democratic Services Officer Sharon Sissons for her help with administering the committee.

In respect of Minute No. 17 (Ethical Advertising and Low Carbon Framework), Councillor Sparling expressed concern that the next opportunity for review of the Policy would not be before April 2025 and asked for an update. Councillor Atkinson reminded her of the agreed process; Councillor Bialyk offered to speak to the Chief Executive and see if this could be speeded up.

In respect of Minute No. 12 (Portfolio Holder report), Councillor Hannaford enquired about the future of Exeter Safe Space initiative following loss of funding and what Exeter Council could do to keep it going. The Deputy Leader and Portfolio Holder for Culture and City Centre Strategy explained that, while Exeter Safe Space had been funded as part of Safer Streets 4, work was taking place behind the scenes within the Community Safety Partnership towards a September 2024 reopening. She also clarified that this was not in the remit of Exeter City Council.

In respect of Minute No. 18 (Forward Plan of Business and Scrutiny Work Plan), Councillor Read sought clarity on the correct process for inviting external speakers to Scrutiny Committee meetings, stressing the need for a uniform approach across all committees. Councillor Atkinson explained the process which involved SMB, stressing that this was an agreed procedure. She added that it was also possible for a proposal to be put forward to the committee in question but stressed the importance of prioritising witnesses with evidence-based expertise. While she acknowledged it was always possible to formally review the process, she felt that it worked well.

RESOLVED that the minutes of the Strategic Scrutiny Committee held on 14 March 2024 be received.

The minutes of the Customer Focus Scrutiny Committee of 28 March 2024

were presented by the Chair, Councillor Vizard, and taken as read.

RESOLVED that the minutes of the Customer Focus Scrutiny Committee held on

28 March 2024 be received.

The minutes of the Strata Joint Scrutiny Committee of 13 February 2024

were presented by Councillor Patrick and taken as read.

In respect of Minute No. 26 (Appointment of Nominated Representatives), Councillor Read sought clarity on the legal grounds on which representatives could be nominated as substitutes, noting that this was not standard practice for Exeter City Council. The Leader replied that the Constitution was clear that the Strata Joint Scrutiny Committee was a shared committee.

RESOLVED that the minutes of the Strata Joint Scrutiny Committee held on 13 February 2024 be received.

The minutes of the Executive of 5 March 2024 were presented by the Leader, Councillor Bialyk, and taken as read.

In respect of Minute No. 39 (Review of the Corporate Risk Register), Councillor Rees asked when the Executive were expecting to see fewer items flagged as red on the Risk Register. The Leader replied that the red risks helped the Executive identify areas that needed to be addressed as a matter of priority; he also argued that a Risk Register with all indicators on green had no credibility.

Councillor Moore asked the Leader about risks associated with the Exeter Development Fund, namely the proposal for the Council and other institutions in the city to put property assets into a new vehicle set up for investment by pension companies to enable property speculation and investment in infrastructure. The Leader remarked that the minutes at hand merely noted the Risk Register but advised that he would be prepared to find the appropriate forum to have this discussion.

In respect of Minute No. 40 (Householder's Guide: Design of Extensions and Alterations Supplementary Planning Document (SPD): Adoption), Councillor Ketchin felt that the document presented should be visited to incorporate green policies. Councillor Moore agreed with him and proposed an alternative recommendation as follows:-

To refer this draft SPD back to the planning team to review this policy with a view to removing planning barriers to reducing carbon emissions,  protecting and enhancing nature and addressing the climate crisis in line with the Council’s corporate objectives of Net Zero 2030 and  tackling the environmental crisis.

Members speaking in favour of the alternative recommendation made the following comments:-

·         there were mechanisms that the Council could use to help people make greener choices more easily; and

·         Exeter City Council should seize the opportunity to go further than the national guidance.

Speaking against the alternative recommendation, the Leader praised the amount of work carried out by the Planning team and stressed the importance of taking the emotional out of the debate.

The alternative recommendation was moved by Councillor Moore, seconded by Councillor Read and, following a vote, the alternative recommendation was lost.

The Leader then moved and Councillor Wright seconded the substantive recommendation and, following a vote, the recommendation was carried.

In respect of Minute No. 41 (Tree and Woodland Strategy 2023-33), Councillor Ketchin pointed out two factual inaccuracies and asked for these to be amended or removed. The Leader replied that any inaccuracies in the minutes would be addressed at the next meeting of the Executive. The Lord Mayor clarified that the minutes at hand reflected what had been said at the meeting, regardless of whether what had been said was accurate or not. The Leader suggested that a post-meeting note could be appended to the minutes in question.

Councillor Ketchin went on to make the following points:-

·         the Council needed to identify where trees could be planted and tree loss needed to be factored in;

·         Devon County Council’s tree planting policy focused on rural  ...  view the full minutes text for item 37.

The minutes of the Executive of 9 April 2024 were presented by the Leader, Councillor Bialyk, and taken as read.

In respect of Minute No. 46 (Overview of General Fund Revenue Budget 2023/24 – Quarter 3), the Leader moved and Councillor Wright seconded the recommendation and, following a vote, the recommendation was carried.

In respect of Minute No. 47 (2023/24 General Fund Capital Monitoring Statement – Quarter 3), Councillor remarked that the Capital Budget was behind schedule in terms of delivery, which she warned could result in a substantial underspend; she asked the Leader if additional capacity was being built to address this. The Leader replied that the Director Finance had explained to the Executive Committee the reasons why there had been any rolling forward and what the current situation was; he further advised that he would have to seek the Director’s advice on the next steps to take.

The Leader moved and Councillor Wright seconded the recommendations and, following a vote, the recommendations were carried.

In respect of Minute No. 48 (2023/24 HRA Budget Monitoring Report – Quarter 3), the Leader moved and Councillor Wright seconded the recommendations and, following a vote, the recommendations were carried.

In respect of Minute No. 49 (The Household Support Fund – Scheme 5), the Leader moved and Councillor Wright seconded the recommendation and, following a vote, the recommendation was carried.

In respect of Minute No. 50 (Climate Adaptation Strategy for Devon, Cornwall and Isles of Scilly), Councillor Parkhouse praised the strategy and remarked that it was the first of its kind in the region.

The Leader moved and Councillor Wright seconded the recommendations and, following a vote, the recommendations were carried.

In respect of Minute No. 51 (Council Health and Safety At Work Policy), the Leader moved and Councillor Wright seconded the recommendation and, following a vote, the recommendation was carried unanimously.

In respect of Minute No. 53 (Council Health and Safety At Work Policy), Councillor Mitchell remarked that this was a new approach for Exeter City Council and asked when this would be reviewed. The Leader replied that a review would take place at the appropriate time, adding that he was reluctant to commit to a time schedule at this stage. Hie did, however, confirm that any review would be brought to the Executive and then to Full Council.

The Leader moved and Councillor Wright seconded the recommendation and, following a vote, the recommendation was carried unanimously.

In respect of Minute No. 54 (Exeter Plan: Full Draft Consultation Reporting), Councillor Vizard stressed the importance of good public consultation and asked the Leader for any comments on how the process had been received so far. The Leader highlighted:-

·         the complex approach to consultation; and

·         how some other authorities should have consulted too.

Members made the following comments:-

·         it was important for all Members to be engaged;

·         a detailed schedule of Member engagement was essential; and

·         dates of the Exeter  ...  view the full minutes text for item 38.

To nominate the Lord Mayor Elect and the Deputy Lord Mayor Elect for the 2024/25 Municipal Year.

The Leader proposed, and the Deputy Leader and Portfolio Holder for Culture & City Centre Strategy seconded, that Councillor K Mitchell be nominated as Lord Mayor Elect for the 2024/25 Municipal Council year, and Councillor Knott be nominated as the Deputy Lord Mayor Elect for the 2024/25 Municipal Year.

RESOLVED that Councillor K Mitchell be nominated as Lord Mayor Elect for the 2024/25 Municipal Year and that Councillor Knott be nominated as the Deputy Lord Mayor Elect for the 2024/25 Municipal Year.

In accordance with Standing Order No. 8, the following question was put by Councillor Hannaford to the Leader:-

“Can the Executive Member please update council in the ongoing maintenance and future of the Northbrook Swimming Pool?”

The Leader gave the following response:-

“Maintenance and capital repairs to Northbrook continue to take place both proactively and reactively. A built facilities report for leisure has been commissioned and will be shared at Council when complete.”

In a supplementary question, Councillor Hannaford asked the Leader for firm reassurances that the future of Northbrook Swimming Pool was safe and secure. The Leader replied that no decision had been taken to close it.

In accordance with Standing Order No. 8, the following question was put by Councillor Hannaford to the Leader:-

“Can the Executive Member please update the Council about the ongoing maintenance and refurbishment of the empty Council owned properties in the Buddle Lane & Newman Road estate, including a timetable of the works, and when we anticipate that families can move back in again?”

The Leader asked Councillor Denning, Portfolio Council Housing Development and Support Services, to answer Councillor Hannaford’s question. Councillor Denning gave the following response:-

“The project was to demolish and rebuild 18 Council houses, and 12 of the 18 properties were completed and let in early 2023. This leaves only 6 properties still to be completed, once funding is in place. In the meantime, all site security fencing and all remaining scaffolding is inspected weekly and the Council has engaged a security company who carry daily and nightly random patrols, they also report back on any issues found. Any report issues are being dealt with promptly. The Housing Team keep in contact with the displaced residents and continue to offer them support and alternative accommodation given the delays in completing these properties.”

In a supplementary question, Councillor Hannaford asked if the Portfolio Holder agreed that it was high time that funding was put in place to get these properties open again. Councillor Denning replied that, if funding were found, the properties in question would be open again, adding that permission had been given to the Section 106 Officer to start the process once funding was available.

In accordance with Standing Order No. 8, the following question was put by Councillor Hannaford to the Leader:-

“Can the Executive member please update council in the ongoing maintenance and refurbishment of the Riverside Leisure Centre, including the reroofing works?”

The Leader gave the following response:-

“Maintenance and capital repairs to the Riverside also continue to take place both proactively and reactively. Reroofing could take place alongside the Public Sector Decarbonisation Scheme to allow the centre to be more energy efficient.”

In a supplementary, Councillor Hannaford asked the Leader for a timescale of when the roof would be waterproof. The Leader replied that this would happen as soon as possible but added that a plan was required first.

In accordance with Standing Order No. 8, the following question was put by Councillor Moore  ...  view the full minutes text for item 40.

To consider the report of the Chief Executive and the Leader.

The Leader presented the report on the revised senior leadership structure, which had been updated following consultation and feedback with affected officers and outlined the consultation outcomes and, proposed new job descriptions and salaries. Members noted that the Council had approved the draft business case for consultation in February 2024 as part of the Organisational Change Policy.

The Leader invited Members to raise any questions with the Chief Executive, who responded as follows:-

·         there was an earmarked reserve set aside to meet any redundancy costs, which had been developed by the previous Chief Executive & Growth Director for undertaking a senior leadership restructure and had been increased to ensure the process was undertaken fairly and equitably;

·         the earmarked reserve for redundancy costs were just over £1 million, to ensure there would be no significant impact to the revenue budget and where it was not used, the restriction around the earmarked reserve could be lifted for repurposing elsewhere;

·         the structure proposals had been developed around the Council’s existing priorities and should there be any changes to the Council’s priorities, a report on the cost implications and any likely structural changes would be brought forward. The proposed structure in the report would provide efficient and effective management of the current statutory and discretionary priorities;

·         the proposals approved by Members in February 2024 were developed through working with the LGA and the Council’s current priorities. Following the meeting in February, the Chief Executive had consulted with Directors and the Operational Management Board  (OMB), through a series of face meetings and through submitted feedback. The consultation information had been considered by the Chief Executive and LGA to bring forward structure amendments for Members’ approval;

·         it would not be standard practice to consult with the whole organisation on a leadership restructure but to focus on the staff affected and the process of appointing Directors. Once appointed, the Chief Executive and Directors would consult with OMB members individually;

·         it was intended that the difference from the cost reduction would be put toward a management development programme to invest in the proposed cultural changes;

·         there were essential posts, currently sitting at the service lead level, which would also need to be invested in for the proposed new structure;

·         there was an intention to undertake a pay review and work was being undertaken to develop a benchmarking system with other authorities, both from CIPFA recommended and neighbouring authorities with proposals from that work being presented to SMB and Members;

·         there was a set procedure for calculating redundancy payments for staff leaving the Council. The Council followed the Organisational Change Policy to maintain openness, transparency and fairness and consistency in how it engaged with affected staff;

·         the Council’s current service delivery was very good and the intention was to continue striving to make improvements to delivering services more efficiently; and

once appointed, the new senior leadership team would lead the work in embedding the agreed values and behaviours.

The Leader, in moving the recommendations, made the following points:-

·         he had  ...  view the full minutes text for item 41.

To pass the following resolution:-

RESOLVED that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the consideration of item 18 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph’s 1, 2, and 3 of Part 1, Schedule 12A of the Act.

To consider the report of the Chief Executive and the Leader.