Agenda item

To consider the report of the Assistant Director City Development.

The report of the Assistant Director City Development was submitted seeking to obtain authority to establish the terms of reference and rules of procedure for the South East Devon Joint Habitats Mitigation Executive Committee (HMEC), the establishment of which was approved, in principle, by the Executive on the 7 October 2014 and then formally on 23 June 2015. This was subsequently approved by full Council on 28 July 2015.  

The Assistant Director City Development advised that East Devon District Council had agreed to establish a joint Scrutiny Committee. This proposal had not been accepted by Teignbridge District Council who would maintain their own scrutiny arrangements in line with the proposals set out in the original report. The recommendation was that Exeter City Council follow the original report to maintain its own independent scrutiny of the activities of the HMEC and included delegated authority to the Corporate Manager Legal Services to make any further amendments to the terms of reference and rules of procedure for the HMEC.

Members, whilst supporting the way forward, proposed that the delegation to the Corporate Manager Legal Services regarding the governance arrangements in recommendation 2.1.5 should be in consultation with the Portfolio Holder for City Development. This was agreed.

RECOMMENDED that Council:-

(1)        agrees to the establishment of a Joint Habitats Mitigation Executive Committee (HMEC) with East Devon District Council and Teignbridge District Council for the purpose of delivering habitat mitigation measures and which shall be governed in accordance with the Terms of Reference and Rules of Procedure attached in Appendix 1;

(2)        agrees that all necessary powers (save for decisions relating to the compulsory purchase of land) are delegated to the HMEC to enable delivery of mitigation measures in accordance with the Conservation of Habitats and Species Regulations 2010;

(3)        agrees that each authority operates its own scrutiny arrangements in order to scrutinise decisions of the HMEC. In Exeter, the Scrutiny Economy Committee (or appropriate successor body) will scrutinise decisions of the HMEC;

(4)        appoints the Portfolio Holder - City Development as Exeter City Council’s nominated member of the HMEC;

(5)        delegates authority to the Corporate Manager - Legal Services, in consultation with Portfolio Holder for City Development, to make any further amendments to the Terms of Reference and Rules of Procedure for the HMEC, as necessary, to ensure effective working of the HMEC provided that the Solicitor to the Council of Teignbridge District Council and the Strategic Lead - Legal, Licensing and Democratic Services of East Devon District Council are in agreement with the proposed amendments;

(6)        delegates authority to Exeter City Council’s Section 151 Officer to agree how and when and to whom payment of Exeter’s share of the contribution to carry out the HMEC’s resolutions is made;

(7)        agrees that East Devon District Council will be responsible for administering the finances to support the implementation of the decisions of the HMEC (or to any officer taking delegated decisions on its behalf);

(8)        delegates authority to Exeter City Council’s Section 151 Officer to make  arrangements for the Council to transfer funds obtained for mitigation measures from CIL and Section 106 Agreements for expenditure approved by the HMEC; and

(9)        agrees that the administration of the HMEC shall rotate with the Chair and that East Devon District Council will Chair the HMEC during the first year.  After the first year the Chairmanship will move to Exeter City Council and then Teignbridge District Council, returning to East Devon in the fourth year.