Agenda and minutes

The Chairman will draw attention to the emergency evacuation procedure as set out under Note 8.

The Chairman drew attention to the emergency evacuation procedure as set out on the agenda.

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting. Members are asked to complete the green interest forms circulated to groups in their pre-meetings (which will be announced at the Council Meeting) to indicate:

(a) The agenda item number in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or an other interest,  (as defined in Part 2, A and B of the Code of Conduct and Rules for Registration of Interests)

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officeror a member of his staff before the meeting to expedite dealing with the item during the meeting.

Councillor Nicholas Coombes declared an ‘other’ interest in item 8, Core Strategy, due to being employed as a manager at the Planning Inspectorate.

To be confirmed as a correct record and signed by the Chairman

On a motion from Councillor Paul Crossley, seconded by Councillor Tim Warren, it was

RESOLVED that the minutes of 8^th May 2014 be approved as a correct record and signed by the Chairman.

The Chairman made the customary announcements regarding mobile phones being switched to silent, the meeting being webcast and a comfort break at an appropriate point.

There were no items of urgent business.

The Chairman made reference to the printed Q&A document which had been circulated at the meeting.

Statements were made by the following people;

Guy Matthews made a statement regarding the Fairer Rate Contribution policy and the negative effect the application of it had had on him.  He also talked about difficulties with housing costs.  Following his statement, the Cabinet Member for Wellbeing offered to meet Mr Matthews to discuss his concerns.

Susan Charles made a statement regarding warm water swimming.  In response to a question from Councillor Gerrish regarding the cost to the Council, Ms Charles responded that she didn’t have those figures, but said there were grants available towards building and that it wouldn’t be a free facility  She urged the Council to think of its equalities duties. In response to a question from Councillor John Bull about the difference in recreational swimming and hydotherapy, Ms Charles responded that small pools for rehabilitation were between 33 and 34 degrees, too hot for other activities, regular swimming pools were usually 28 degrees, a little too cold unless actively swimming, so the 32 degrees of the warm water pools was the ideal temperature for physical and mental relaxation.  The statement was referred to the Cabinet Member for Neighbourhoods, attached to the online minutes and added to the Minute book.

The following statements were all made at the Core Strategy item;

David Redgewell made a statement in support of the Core Strategy, making a case for even more housing to be provided and calling for appropriate transport infrastructure to be in place to support it.  The statement is attached to the online minutes and added to the Minute book.

Petra Scofield made a statement on behalf of Residents Protecting Peasedown.  She raised the problems of extra development at Peasedown and the effect this had had on traffic, schools, GP surgeries etc.  A sustainable planning policy was needed so that developers didn’t always win at appeal.

Bob Elcome-Thorpe, Friends of Breaches Gate, made a statement in support of the green belt around East Keynsham and Saltford, outlining the many benefits to the community of this area.  He argued there were no extraordinary circumstances to warrant development in this area.

Peter Duppa-Miller, Combe Hay Parish Council, made a statement putting forward the views of the Parish Council.  The statement is attached to the online minutes and has been placed on the Council’s minute book.

Robert Hellard, South Stoke Parish Council, made a statement opposing adoption of the Core Strategy and calling for more work to be done to produce a properly balanced plan. In response to a question from Councillor Eleanor Jackson asking for evidence to support Mr Hellard’s assertion that this policy will ‘create a student ghetto’, he referred to the 461 units being built in Green Park and a further application in James Street West.  The statement is attached to the online minutes and has been placed on the Council’s minute book.

Colin Webb, South of Bath Alliance, made a statement  ...  view the full minutes text for item 15.

The Inspector has completed his examination of the B&NES Core Strategy and has concluded that the submitted Core Strategy can be made sound, subject to a schedule of ‘main modifications’ (Attachment 1).  The Council now needs to decide whether it accepts the Inspector’s recommendations thereby enabling it to formally adopt the Core Strategy.  If the Council does not accept all of the Inspectors’ recommendations, then it cannot adopt the Core Strategy.  There are also a number of minor modifications arising from the Inspector’s modifications needed to ensure consistency and clarity.

The Council considered a report seeking a decision on accepting the Inspector’s recommendations regarding necessary modifications needed to enable adoption of the Core Strategy.  It was noted that, earlier that day, Cabinet had met and commended the proposals to the Council.

On a motion from Councillor Tim Ball, seconded by Councillor Paul  Crossley, it was

RESOLVED

1  To accept the main modifications listed in attachment 1 to the report, which the Inspector considers are needed to make the Plan sound in accordance with section 23 (3) of the Planning and Compulsory Purchase Act 2004;

2  To agree the Minor Modifications listed in Attachment 2 to the B&NES Core Strategy, which are needed to ensure consistency and accuracy in the Plan;

3  To adopt the B&NES Core Strategy (Local Plan Part 1) as modified in (1)  and (2) above  for the purposes of section 38(6) of the Planning & Compulsory Purchase Act;

4  To agree the B&NES Policies Map is amended in line with (1) and (2) above;

5  To agree that the adopted Supplementary Planning Documents/ Guidance listed in Attachment 3 should supplement the Core Strategy;

6  To note the success this Council has had in recent years in developing on brownfield sites across the Council area and encourage Cabinet to endeavour to maximise development on brownfield sites that are earmarked for housing across the District; and

7  To delegate responsibility to the Divisional Director for Development, in consultation with the Cabinet Member for Homes & Planning, to make minor textual amendments to the Core Strategy prior to publication.

[Notes;

a)  The wording underlined in resolution 6 above was proposed by Councillor Katie Hall and accepted by the mover and seconder of the motion.

b)  The motion was carried with 40 Councillors voting for, 21 Councillors voting against and 2 abstentions.  The following Councillors asked to have their vote recorded;

Against the motion; Councillors David Veale, Neil Butters, Cherry Beath, Nigel Roberts, Steve Hedges, Roger Symonds, Geoff Ward, Marie Longstaff, Matthew Blankley, Francine Haeberling

For the motion; Councillor David Dixon

Abstaining; Councillor Nicholas Coombes

To consider and debate a petition which has received over 1000 signatures

A petition had been received, gathered by the independent shops of Bath, protesting the increase in parking charges in Bath city centre.  According to the Council’s petition scheme, if a petition with over 1000 qualifying signatures of people who live, work and study in Bath & North East Somerset is received, a debate is held at Council.

Tim Newark, as one of two lead petitioners, addressed the Council in support of the petition.  He explained how the petition had originally been started by Jo Grasse at the start of the year after her shop was directly affected by parking charges. He outlined the recommendations from the petition which they hoped would achieve agreement at this meeting.

Following a debate by Council, Councillor Anthony Clarke moved the following motion, seconded by Councillor John Bull, which was then

RESOLVED that

This Council:

·  Notes that, within the budget approved by Council, the level of parking charges are a matter for Cabinet, and so Full Council is in a position only to make recommendations to Cabinet on this matter.

·  Believes that, in addition to the social and environmental impact, the Council also has a responsibility to consider the economic impact of its policies.

·  Believes that it is essential to Bath’s economic prosperity for residents and visitors to be able to make short shopping trips into the city centre.

·  Believes that the Council does need to seek ways to reduce the number of cars needing to enter the centre of Bath, but that simply hiking the cost of parking is not the best way to achieve this.

·  Is concerned that recent significant increases in on-street parking charges in Bath could have a detrimental impact on economic activity in the city, and believes that the new ‘Ultra-Premium Zone’ is particularly unfair and punitive.

·  Is concerned that recent changes to evening parking charge times at Charlotte Street could have a detrimental impact on the evening economy.

·  Is concerned that these changes in on-street parking charges were not undertaken as part of a broader review of parking charges, which should have included consideration of the impact on the local economy.

·  Is concerned at the lack of consultation prior to these changes being implemented.

Council resolves:

1.  To ask that Cabinet undertake a review of current on-street parking charges, which includes an assessment of demand and supply at each location, and an assessment of the economic impact resulting from the Council’s policy towards on-street parking charges.

2.  That as part of this review, Cabinet is asked to take into serious consideration the proposals of the petitioners, and in particular seek to reduce or remove the new ‘ultra-premium’ on-street parking zone rates.

3.  That, in addition, Cabinet is asked to seek to either reinstate a reduced evening parking charge from 6pm to 8pm, or alternatively amend the start time of free parking to 7pm rather than the current 8pm.

[Notes;

1.  The above resolution was passed with 33 Councillors voting in favour, 29 against and with 1 abstention.]

This report invites the Council to consider its non-executive and regulatory Committee arrangements for the period of July 2013 to May 2014 and associated constitutional business.

The Council considered a report inviting it to consider various constitutional and proportionality issues.

On a motion from Councillor Paul Crossley, seconded by Councillor Tim Warren, it was

RESOLVED

1.  To approve the allocation of seats on the Committees and Panels listed in Appendix 1 (such seats to be filled in accordance with the nominations made by the political groups) with the following changes

a.  Labour group to lose one seat on Development Control and one on Wellbeing Policy Development & Scrutiny

b.  Conservative group to gain one on Development Control

c.  Independent group gain one on Wellbeing Policy Development & Scrutiny

2.  To appoint to chair each committee and panel those Councillors as may from time to time be nominated by the political group to whom the chairmanship of the body is allocated;

3.  To authorise the Monitoring Officer to fill any casual vacancies in membership of all the bodies constituted and vacancy in the office of Chair of such bodies in accordance with the wishes of the political groups;

4.  To agree the revisions to the existing Petition scheme regarding petitions for debate at Council subject to the variations shown in the revised Appendix 2 (linked to these minutes);

5.  To agree that no notices of motion, councillor statements, councillor petitions or councillor questions be permitted at the Budget Council and the Annual Council Meeting and amend the Constitution accordingly;

6.  To authorise the Monitoring Officer to make and publicise any amendment to the Council’s Constitution required, or take any other necessary action, as a result of decisions taken at this meeting on this and other reports within the agenda, or otherwise as required by law.

This report asks the Council to adopt a scheme for appointing as Honorary Freemen and Freewomen of Bath and North East Somerset, those persons who have been appointed to this honorary office by resolution of full Council, in accordance with Section 248 of the Local Government Act 1972

The Council considered a report asking it to adopt a scheme for appointing as Honorary Freemen and Freewomen of Bath and North East Somerset, those persons who have been appointed to this honorary office by resolution of full Council, in accordance with section 248 of the Local Government Act 1972.

During the debate, Councillor Paul Crossley moved, seconded by Councillor Tim Ball, that the meeting continue until 10.20pm in accordance with Council rule 48. This was accepted by the meeting.

On a motion from Councillor Paul Crossley, seconded by Councillor Tim Warren, and supported by Councillors Dave Laming and John Bull, it was

RESOLVED to adopt the scheme.

[Notes;

1.  The above resolution was passed with 57 Councillors voting in favour, 3 Councillors abstaining and the following Councillors voting against – Councillors Nicholas Coombes, Eleanor Jackson and Roger Symonds.]

The Committee reports annually to Council on the work it has undertaken in the previous twelve months and reference is also made in the report to the future work programme.  This report is for the 12 months to 31 March 2014.

Councillor Paul Fox, as Chair of the Avon Pension Fund Committee, introduced this report from the Avon Pension Fund setting out the work it has undertaken in the previous twelve months and the future work programme.  In doing so, he thanked officers, the Committee and Vice-Chair Councillor Paul Gerrish.

On a motion from Councillor Paul Fox, seconded by Councillor Charles Gerrish, it was

RESOLVED to note the report.

This report gives details of performance against the Council’s Treasury Management Strategy and Annual Investment Plan for 2013/14.

The Council considered a report giving details of performance against the Council’s Treasury Management Strategy and Annual Investment Plan for 2013/14.

On a motion from Councillor David Bellotti, seconded by Councillor Andy Furse, it was

RESOLVED

1.  To note the 2013/14 Treasury Management Annual report to 31^st March 2014, prepared in accordance with the CIPFA Treasury Code of Practice;

2.  To note the 2013/14 actual Treasury Management Indicators; and

3.  To note the debt rescheduling actions highlighted at paragraphs 5.8 to 5.10 of the report.

The Council considered a motion brought by Councillor Nigel Roberts on behalf of the Liberal Democrat group regarding air pollution in B&NES as set out below.

On a motion from Councillor Nigel Roberts, seconded by Councillor Lisa Brett, it was

RESOLVED as set out below;

This motion recognises that by reducing air pollution in B&NES we may be able to reduce residents’ risk of respiratory diseases, heart disease, and lung cancer.

It also recognises that no one single agency, government department or community has all the answers; improvements to air quality can only be achieved by taking a nationally integrated, collaborative approach. It acknowledges that economic growth and improving the local environment are not mutually exclusive. The Government has advised local authorities to bear in mind the synergies between air quality and climate change, and the benefits of having an integrated approach to economic development, housing and tackling climate change and air quality objectives.

Nevertheless, it is the UK government that is responsible for implementation of clean air laws and remains the major source of finance for clean air policy, both for national policies and through the funding of local authorities. The government’s Localism Act sought to transfer more responsibility for air quality from central government to local authorities, especially attempting to make them potentially liable for a share of EU fines, but has failed to give Local Authorities the power they need.

B&NES Council's report on air pollution source apportionment shows that road traffic contributes up to 92% of the total NOx concentration.  The most recent modelling suggests that road traffic contributes 74% to N02 concentration.

We therefore call on Central Government to give Local Government greater powers to influence polluters in their areas. It is unacceptable that councils outside London have no ability to influence the air quality in relation to major transport routes since this falls to the Highways Agency. This limits our ambition to respond to residents’ concerns when developing a Transport Strategy for Bath

As host to the UK’s only World Heritage City, we request the same powers as London to manage traffic flow and to decriminalize certain moving traffic offences. We also demand that the Highways Agency develops a strategy for the A46/A36 that does not direct HGVs and other traffic through the city of Bath, thus contributing to the serious air quality problems within the city.

In addition we request that

1.  The Department for Transport and DEFRA should continue to support developing a wider network of Low Emissions Zones to cut emissions in locations where limit values for NO2 are being breached, piloting in B&NES if found viable and in breach.

2.  B&NES are permitted to test differentiated parking permit charges based on emission of vehicles.

3.  B&NES is allowed to pilot a Berlin-type system in their city, where cars have to display colour-coded visible road tax permits based on the emissions levels (where, for example, a low polluting car would display a green sticker and  ...  view the full minutes text for item 22.

The Chairman made reference to the printed Councillor Q&A document which had been circulated at the meeting.