Cabinet agenda and paper are here:
Click to access 041115-combined-agenda-cabinet.pdf
Below is an interesting extract, where it notes that Habitat Regulation will no longer be dealt with at district level, instead being the responsibility of the “Greater Exeter” area (East Devon, Exeter, Teignbridge combined). Habitat Regulation will also not be scrutinised at each district but will have its own cross-district scrutiny committee and this worried officers, should districts disagree. It also says that EDDC will fully fund the committee and its Legal Department will be responsible for legal matters.
“Agenda Item 15
… Following the decision of Council on 29 July 2015 to agree to enter into joint arrangements with both Exeter City Council and Teignbridge District Council, it has been necessary to review and alter the governance arrangements to ensure clarity and consistency in terms of its operation going forward.
South East Devon Habitat Regulations Joint Committees …..
….. High Risk
It is essential to secure appropriate mitigation alongside granting of and implementation of planning permissions for development which impact upon sites of European importance. To not be able to ensure mitigation is delivered could cause problems in terms of being able to grant planning permissions and ensure delivery of development as set out in the Local Plan.
… That review has now been completed and it is considered that the Terms of Reference previously endorsed is not sufficient to enable the business of the committee to be properly conducted. There was some lack of clarity in terms of the remit for the committee, the procedures for meetings and a misunderstanding over how to deal with the powers between the Executive Committee and officers. Most crucially however, the scrutiny arrangements for the committee were left to the local level. This meant that each of the three authorities had the ability to scrutinise decisions and moreover that these would be in accordance with each authority’s own scrutiny arrangements. Aside from the difficulties imposed by having to deal with three different sets of scrutiny arrangements from a timing and administration point of view, the biggest difficulty, both operationally and politically, would be what happens if each authority’s scrutiny function resulted in different recommendations being made back to the Executive Committee. All of the above would be likely to cause problems in terms of trying to run the committee and ensure that effective habitat mitigation is delivered.”
Councillor Moulding appears already to have been confirmed as a member and three other EDDC councillors will be appointed (NOT elected).
On scrutiny, the document says:
“The Councils have appointed the HMSC to scrutinize the operation and performance of the Habitats Mitigation Executive Committee and its governance arrangements.”
and
“The HMSC shall comprise three members of each of the Councils, to be appointed by the group leaders of the Councils. Each member of the HMSC shall have an equal vote.”
East Devon Watch 