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1.1 The proposed devolution deal for Devon and Torbay was announced by the Secretary of State for Levelling Up, Homes and Communities and published by the Department for Levelling Up, Housing and Communities (DLUHC) on 25 January 2024.
1.2 At its meeting on 2 February 2024, the Cabinet agreed to support the proposed Devon and Torbay devolution deal and resolved to carry out a joint public consultation with Devon County Council (as the Constituent Councils) on the draft proposal to establish the Devon and Torbay Combined County Authority (DT CCA).
1.3 The Levelling-up and Regeneration Act requires that prior to submitting a proposal for a CCA to the Secretary of State, the Constituent Councils (i.e. Devon County Council and Torbay Council) must undertake a public consultation on the proposal in the proposed area. The Constituent Councils are obliged to carry out the consultation across the proposed area and consider the results. Appendix A provides an analysis of the response to the consultation. It is recommended that the proposal (Appendix B) for the DT CCA be agreed by the Council for submission to the Secretary of State for Levelling Up, Housing and Communities.
2.1 The proposals in this report help us to deliver our vision of a healthy, happy and prosperous Torbay by seeking powers to be devolved to the proposed Combined County Authority which will benefit the communities across Devon and Torbay.
2.2 The reasons for the proposal and need for the decision are to enable the next steps towards the establishment of the Devon and Torbay Combined County Authority to be undertaken.…click here to enter your answer
It is recommended that the Council:
Appendix A: Consultation Feedback Report
Appendix B: Proposal for the Devon and Torbay Combined County Authority
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A six-week consultation on the draft proposal for the DT CCA was undertaken between 12 February 2024 and 24 March 2024. The draft proposal was published on the Devon and Torbay Devolution Deal website – www.devontorbaydeal.org.uk – together with a list of the powers and functions that Devon County Council and Torbay Council propose become available to the DT CCA.
The consultation was open to everyone and provision was made for accessible and alternative versions. It explained why the Councils are seeking to establish the DT CCA, the benefits it would deliver and how it would operate. It was publicised through social media, news releases and both Constituent Councils’ e-newsletters. It was open to residents, businesses and all other key stakeholders, including district councils, parish and town councils, voluntary and community organisations and other public sector bodies. Stakeholders across Devon and Torbay were invited to attend consultation meetings/events or signposted to the website.
Responses could be made by completing the online questionnaire or sending an email or letter. Paper copies of a summary of the draft proposal were made available in each of the libraries in Devon and Torbay and at district council offices. In addition, 31 meetings took place: these were a mixture of engagement events arranged for stakeholders, and also other meetings attended by representatives from Devon County Council and Torbay Council. These included events for and meetings with: district councils; equality and diversity organisations; the Devon, Plymouth and Torbay Voluntary, Community and Social Enterprise Assembly; Devon Association of Local Councils; business representative bodies; transport providers and partners; health service providers and commissioners; and education and skills partners. In total, there was attendance by more than 700 people.
There was a total of 890 responses to the consultation of which 99 were letters/emails from organisations and individuals, and 791 were completed online questionnaires. Each of the eight district councils submitted a response and they are all included in full as part of Appendix A:
Responses were also received from 25 town and parish councils, including:
Responses were received from a wide range of partner organisations and stakeholders including public service providers (e.g. health and police), voluntary/community sector bodies, businesses, education and skills providers, and other interest groups including:
A joint letter of support was also received from the Members of Parliament for Newton Abbot, Totnes, South West Devon and East Devon and one was also received from the MP for Torbay.
Appendix A is a detailed analysis of all the responses to the consultation on the draft proposal for the DT CCA including the points raised at the roundtable consultation meetings. The analysis provides Members with:
The purpose of the consultation was to seek views on the draft proposal and Members must take those views into account in considering whether to amend the proposal and/or submit it to the Secretary of State. However, unanimous support for the proposal is not a prerequisite to moving forward.
The analysis of the response to the consultation provided in Appendix A shows the variety and range of views expressed about each theme in the draft proposal for the DT CCA. It includes a representative selection of the comments made in the submissions from partner and stakeholder organisations. Members will note the breadth of opinion on the draft proposal that the consultation has elicited and may wish to express their gratitude to everyone who took the time to respond.
A number of common themes emerge from the responses and Members should have particular regard to the following issues.
A large proportion of the responses to the consultation included concerns and issues about how the DT CCA will function. Members will recall that the proposal includes five local guiding principles (in addition to the four principles for levelling up set out in the Levelling Up White Paper) that will govern how the DT CCA will work in delivering the devolution deal:
Some of the responses, particularly those from the district councils, raised concerns that relate to the challenges associated with district councils being defined by the Levelling-up and Regeneration Act 2023 as “non-constituent” members of CCAs. The provisions of the Act mean that district councils cannot be members and therefore do not consent to the forming of a CCA in the same way that county/unitary authorities do as part of its inception. However, a CCA can appoint representatives of a local organisation or body - such as a district council – as “non-constituent members”. Non-constituent members will be non-voting members, unless the voting members of the CCA resolve otherwise.
It will be critically important that Devon’s district councils have a voice in the DT CCA and the ability to influence its work. The proposed Team Devon Joint Committee that will be established under Sections 101 to 103 of the Local Government Act 1972 will include representatives of Devon County Council; the City, District and Borough Councils in the Devon area; the two National Park Authorities and the Devon Association of Local Councils. The terms of reference of the Team Devon Joint Committee will enable it, amongst other things, to have a voice and establish a collective position in the DT CCA. A Team Devon working group will be established to develop the terms of reference of the Joint Committee for consideration by Devon County Council in September.
A significant number of responses made points about representation, governance and the democratic process. The constitution of the DT CCA will govern how the constituent, non-constituent and associate members of DT CCA work together to make decisions. It will clarify many aspects of the DT CCA’s governance arrangements and cover matters such as voting rights, quoracy, and the audit and scrutiny functions. It will, if the proposal goes forward, be proposed in draft form for consideration by the Council in September 2024 ahead of final agreement by the CCA, if established.
A number of responses included concerns about the possibility that the establishment of the DT CCA would lead to a reorganisation of local government. The Government’s February 2022 Levelling Up White Paper was clear that it will not impose top-down restructuring of local government and there is no suggestion that reorganisation is a requirement for a devolution deal. Government stated that it would use existing legislation to work with areas which are seeking to establish reformed local governance structures: Devon and Torbay is not such an area.
Some respondents raised issues about the role, purpose, and membership of the proposal for the various advisory groups that the DT CCA could consider establishing. The draft proposal detailed five advisory groups:
The DT CCA’s advisory groups will need to represent the views of those with a stake in its work. Part of the work to establish the DT CCA will be to define the membership and terms of reference of the advisory groups. The responses from Devon Communities Together and the Devon, Plymouth and Torbay VCSE Assembly highlighted the contribution of voluntary, community and social enterprise organisations to the environmental, social and economic wellbeing of the area. The DT CCA’s constitution and advisory groups will need to reflect the part that the VCSE sector has to play in its work. The draft proposal has been amended accordingly.
During the consultation period, the Devon County Council Equality Reference Group (alongside representatives of organisations for those with protected characteristics in Torbay) met to consider the draft proposal and the associated Equality Impact Assessment (EIA). The Group highlighted the need to ensure that a diverse range of voices are heard through the advisory group structure.
In order to realise its ambitions for public service reform, the DT CCA will work with partners on creating safe, healthy, resilient communities. The responses from health care providers and commissioners made the point that the DT CCA and its advisory groups will need to collaborate as part of the Integrated Care System. The draft proposal has been amended accordingly. The devolution deal includes a commitment to exploring initiatives to improve the delivery of public services, such as how best to support residents with multiple complex needs.
The DT CCA and VisitEngland will work with the accredited Local Visitor Economy Partnership for the region to help further develop the region’s visitor economy. This work would harness the potential to grow domestic and international visitor spend, and encourage visits throughout the year rather than just during the traditional tourist season.
Concerns were expressed that the DT CCA would create an additional layer of local government and impose additional costs on Council Tax payers. The DT CCA, as a partnership of existing councils, will have a new role in local decision-making and democracy with decisions previously made in Whitehall being made by locally elected representatives from Devon and Torbay. The DT CCA would be funded from committed central Government funding and then scale up its operation in line with the funding accruing to it through the devolved responsibilities, functions and powers. It will not have Council Tax raising powers.
Some responses highlighted that the population of the Torbay Council area (139,000) is smaller than East Devon (151,000), Teignbridge (146,000) and Exeter (142,000). Concerns were expressed about the risk of a democratic deficit. North Devon Council suggested that, of the three councillors appointed to the CCA by DCC, at least one should represent a ward in the North Devon area.
The role of all the members of the DT CCA would be to make decisions in the best interests of the Devon and Torbay area. The DT CCA’s investment, planning and policy decisions would need to be made in the best interests of the whole area based on evidence of need, ensuring equity, transparency and accountability.
Given the size of the population covered by the proposal (953,000 people), the area covered is considered to be a coherent economic area with a range of business sectors and a strategic transport network. Devon and Torbay are already part of various overlapping administrative geographies for different functions, such as health services (Devon, Plymouth and Torbay), policing (Cornwall, Devon, Plymouth and Torbay) and fire and rescue (Devon, Plymouth, Somerset and Torbay).
It is considered that the proposal will improve the economic, social and environmental wellbeing of the area as a whole. However, it will be important for the DT CAA to target support and investment in ways that respond to the variety of needs and opportunities within the area.
The DT CCA will also need to take account of regional and sub-regional plans and strategies, such as the Plymouth and South West Devon Joint Local Plan; and the Peninsula Transport Strategy for the Cornwall, Devon, Plymouth, Somerset and Torbay region.
Torbay Council, Devon County Council and the district councils have been recipients of UKSPF monies. There is no certainty about any future rounds of the UKSPF programme. If it does continue in some form, then the DT CCA would be expected to collaborate through Team Devon and with district councils directly to maximise the effectiveness of local investment aligned to the differing needs for economic support in each area.
The DT CCA would enable and accelerate delivery with and through districts and local housing associations. In doing so, the DT CCA would need to utilise district councils’ housing functions (as well as those of Torbay Council) and the Devon Housing Task Force. The Devon Housing Task Force covers the whole of the Devon and Torbay area and is currently chaired by a District Council Leader. The DT CCA would need to build on best practice and expertise; to provide a stronger platform and empower the excellent work being done across the Team Devon landscape, and not duplicate or add extra bureaucracy.
The DT CCA would be responsible for producing a joint strategic transport plan and this would be carried out by building on existing joint arrangements and partnerships. District councils would need to be included in its formulation so that land-use and housing plans are aligned to transport plans and that sustainable transport options are embedded – both in terms of strategic intent and future investment.
Housing, transport, jobs, skills and sustainability are strategic issues which require local solutions that respond to communities’ particular needs. Some towns and parishes were concerned that the DT CCA would not be able to respond to local interests or address local priorities. The DT CCA would need to work strategically whilst supporting communities’ ambitions and aspirations.
The responses from town and parish councils and the Devon Association of Local Councils highlighted importance of effective working relationships across the three tiers of local government. Team Devon Joint Committee, through the Devon Association of Local Councils, will strengthen partnership working and collaboration between councils.
Some respondents were concerned that the proposal is vague and lacking in detail. The submission of the proposal to Government and making of the Regulations is merely the start of a journey. The DT CCA will formulate more detailed plans for each of the themes covered in the devolution deal. The decisions that Torbay Council and Devon County Council make to establish it will be made publicly by elected Members.
Some responses to the consultation suggested that it would be beneficial for the CCA to include Plymouth. Plymouth City Council had made it clear during the negotiation of the proposed deal that it could not, as a point of principle, agree to Local Transport Authority (LTA) functions moving to the CCA. The Minister for Levelling Up wrote to the Leader of Plymouth City Council on 16 November 2023. He explained that in order to agree a deal at Level 2 of the framework it is essential that LTA functions reside within the DT CCA and confirmed that the Government would seek to agree a devolution deal with Devon and Torbay only. A statement issued by Plymouth City Council on 17 November 2023 confirmed that it had withdrawn from the proposed devolution deal but remains fully committed to continuing to work closely with its partners across the region on areas such as transport, housing, inward investment, jobs, the Plymouth and South Devon Freeport and skills and education. The provisions of the proposed devolution deal enable Plymouth City Council to apply to join the DT CCA at some point in the future.
Plymouth City Council, South Hams District Council and West Devon Borough Council are, as planning authorities, responsible for the joint local plan, which is the key spatial strategy covering the West Devon, South Hams and Plymouth area.
The establishment of the DT CCA will be the beginning of a new era for Devon and Torbay. The DT CCA will have many important decisions and choices to make about how the devolved powers and functions should be best exercised in the interests of everyone who lives and works in the area.
During the course of the consultation further discussions took place with Government departments about the list of powers and functions that would be devolved to the DT CAA. Some minor amendments have been made to the list of powers, including in relation to transport.
Two sections have been added to the governance chapter of the draft proposal. The first recognises the part that voluntary, community and social enterprise organisations could play in the work of the DT CCA and its advisory groups. This reflects the points made in the responses from stakeholders such as Devon Communities Together, Citizens Advice Devon, and the Torbay, Plymouth and Devon VCSE Assembly. The second additional section acknowledges the need for the DT CCA to work with commissioners and providers of health services as part of the Integrated Care System.
It is not considered that any other specific changes are required to the proposal as a direct result of the response to the consultation. It is proposed that at its meeting on 30 April 2024 the Council be recommended to approve the proposal as set out in Appendix B for submission to the Secretary of State.
The Levelling-up and Regeneration Act 2023 gives the Secretary of State the power to make regulations that establish Combined County Authorities as separate free-standing bodies and give them the responsibility for specific local authority functions.
The DT CCA will be a “body corporate” that will be brought into being through statutory regulations: secondary legislation that is approved by parliament. The regulations will establish the DT CCA and give effect to the Devon and Torbay devolution deal. The regulations will include the DT CCA’s governance arrangements and the functions that it will exercise. Parliamentary time is limited and in order to ensure there is no delay, it is proposed that the Council delegate authority to the Chief Executive in consultation with the Leader to formally consent to the regulations. The delegation would be contingent on the regulations reflecting the terms of the devolution deal, the final proposal and this report. Government has made it clear that the aim of the regulations is to put into law the proposed devolution deal with Devon County Council and Torbay Council and have given assurances that this will be the case, as well as confirming that the regulations will be drafted in consultation with the Councils, which will enable officers to ensure that they meet the Councils’ expectations.
The anticipated timetable for the next steps is:
Further detail relating to running and governance of the DT CCA, such as the arrangements for meetings, scheme of delegation to officers and details of audit and scrutiny will be matters for the constitution of the DT CCA. As these issues are discussed, there will be opportunities for key stakeholders, including district councils, to provide input. A report will be presented to both Councils in September to present a draft DT CCA constitution for acceptance, ahead of formal agreement by the CCA.
An alternative option would be not to submit the final proposal to the Secretary of State. If this option were to be adopted, then there would be no guarantee that a DT CCA and associated devolution deal with the potential associated powers and funding would be available to the area in the same way in the future.
The costs of carrying out the public consultation on the proposed Devon and Torbay devolution deal were shared between Devon County Council and Torbay Council. Subject to Devon County Council and Torbay Council agreeing to submit the final proposal there will be an ongoing need for preparatory work to continue pending Government approval and receipt of capacity and other funding.
To support the establishment of the DT CCA in its early stages, the Government will provide £1million of capacity funding over three years: £250,000 in 2024/25, £500,000 in 2025/26 and £250,000 in 2026/27. This core funding will enable the creation and establishment of the CCA without imposing costs on either Devon County Council or Torbay Council. It is not therefore anticipated that there will be any additional costs to Torbay Council.
The creation of the DT CCA would lead, through the delivery of the devolution deal, to additional funding, including the £16 million of capital, being made available to be spent within the Devon and Torbay area on a wide range of services, projects and schemes.
The Levelling-up and Regeneration Act requires that prior to submitting a proposal for a CCA to the Secretary of State, the Constituent Councils must undertake a public consultation on the proposal in the proposed area. The Constituent Councils are obliged to carry out the consultation across the proposed area and consider the results.
The Secretary of State may make regulations establishing a CCA for an area if, having regard to the submitted proposal, the Secretary of State considers that:
(a) to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area,
(b) the Secretary of State considers that to do so is appropriate having regard to the need—
(i) to secure effective and convenient local government, and
(ii) to reflect the identities and interests of local communities,
(c) a public consultation has been carried out in connection with the proposal and the Secretary of State has been provided with a summary of the consultation responses.
The Secretary of State’s regulations can cover the working mechanisms of a CCA – for example, its membership, voting arrangements and quorum – and its functions such as transport, skills or economic development
Full details of the consultation undertaken are included in Appendix A.
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The decision to submit the final proposal will not in itself directly affect carbon emissions. It is anticipated that the DT CCA will develop its own plans and strategies to reduce carbon emissions which will be subject to its own approval processes and approaching the issues from a wider strategic and geographic position may beneficially impact the development of consistent and measurable carbon reduction measures.
The impacts if this recommendation is not accepted are:
An equality impact assessment of the proposal for the DT CAA and devolution deal has been prepared on behalf of both Torbay Council and Devon County Council and it is available on Devon County Council’s website at https://www.devon.gov.uk/impact/published.
The work towards the establishment of a Combined County Authority will supplement ongoing work in Torbay Council in delivering our Economic Growth Strategy and our Levelling Up Partnership.
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