Agenda and minutes

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Contact: Jo Morrison  01225 394358

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Items
No. Item

35.

EMERGENCY EVACUATION PROCEDURE

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

Additional documents:

Minutes:

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

36.

DECLARATIONS OF INTEREST

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.

Additional documents:

Minutes:

Councillor Geoff Ward declared an ‘other’ interest in item 13 on Gulls, as the Commercial Chairman for the Chartered Institute of Environmental Health.

 

Councillor Rob Appleyard declared a disclosable pecuniary interest in item 12 on Housing, as a Director of Curo Housing Association

 

Councillor Eleanor Jackson declared an ‘other’ interest in item 12 on Housing, as a member of the Curo Housing Liaison Committee.

37.

ANNOUNCEMENTS FROM THE CHAIRMAN OF THE COUNCIL OR FROM THE CHIEF EXECUTIVE

These are matters of information for Members of the Council. No decisions will be required arising from the announcements.

Additional documents:

Minutes:

The Chairman invited Council to note the urgent decision taken by the Chief Executive on 18th August to agree that an application be submitted for a new Enterprise Zone.  [Details and rationale for the decision were circulated to all Members.]  This decision was deemed as urgent and taken following consultation with Political Group Leaders, the Monitoring Officer and the Section 151 Officer.  This was duly noted.

 

The Chairman made the customary housekeeping announcements regarding the webcast, mobile phones and meeting procedures.  He also explained that the Chief Executive needed to leave the meeting around 9.30pm, in order to act as Counting Officer for the Clutton Neighbourhood Plan referendum.

 

The Chairman reminded Members of the civic event going ahead on 25th October, for which invitations would be issued shortly, and let Members know of a change of date for the charity event from 5th to 6th February.

 

The Chairman concluded by congratulating HM Queen Elizabeth II as the country’s longest serving monarch.

38.

TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIRMAN

If there is any urgent business arising since the formal agenda was published, the Chairman will announce this and give reasons why he has agreed to consider it at this meeting. In making his decision, the Chairman will, where practicable, have consulted with the Leaders of the Political Groups. Any documentation on urgent business will be circulated at the meeting, if not made available previously.

Additional documents:

Minutes:

There were no items of urgent business for this meeting.

39.

Minutes - 16th July 2015 pdf icon PDF 49 KB

Both minutes of Special and Ordinary meeting to be confirmed as a correct record and signed by the Chairman.

Additional documents:

Minutes:

On a motion from Councillor Tim Warren, seconded by Councillor Dine Romero, it was

 

RESOLVED that the minutes of the Alderman Council meeting of 16th July be approved as a correct record and signed by the Chairman.

 

On a further motion from Councillor Tim Warren, seconded by Councillor Eleanor Jackson, it was

 

RESOLVED that the minutes of the Council meeting of 16th July be approved as a correct record and signed by the Chairman.

40.

Syrian Refugees - report on progress

At the last Council, Members requested an update at this meeting on progress with requested actions.  The following points are set out below for information;

 

·  A letter was written to the Home Office as requested.  A response has been received recently, setting out requirements for Local Authorities.  Officers are considering this and discussing with partners as required by the Home Office, with a view to making recommendations to Cabinet;

·  The Chief Executive has been in contact with Citizens UK and will be meeting with them shortly.

Additional documents:

Minutes:

Members noted the information provided regarding progress on various actions following the debate at the July Council and set out below;

 

·  A letter was sent to the Home Office as requested.  A response has been received recently, setting out requirements for Local Authorities.  Officers are considering this and discussing with partners as required by the Home Office, with a view to making recommendations to Cabinet;

·  The Chief Executive has been in contact with Citizens UK and will be meeting with them shortly.

 

Although this item was for noting only, in light of the exceptional circumstances, the Chairman permitted one representative from each Group to make a statement to the meeting so the following Councillors spoke;

 

Councillor Tim Warren, Councillor Sarah Bevan, Councillor Dine Romero, Councillor Robin Moss and Councillor Lin Patterson.

 

The information was noted.

41.

QUESTIONS, STATEMENTS, PETITIONS AND DEPUTATIONS FROM THE PUBLIC

The Democratic Services Manager will announce any submissions received. The Council will be invited to decide what action it wishes to take, if any, on the matters raised in these submissions. As the questions received and the answers given will be circulated in written form there is no requirement for them to be read out at the meeting. The questions and answers will be published with the draft minutes.

Additional documents:

Minutes:

Dima Albadra, a student in Bath, addressed the meeting.  She explained that she herself was a refugee from Syria, as she had come here 5 years ago before the war started, and was now unable to return.  She called on B&NES to accept refugees to the area.  She acknowledged that, although they would need support for the first year or so, they would nevertheless be keen to make a positive contribution to society and Dima herself would be happy to assist with the integration process.  In response to a question from Councillor Dine Romero about whether Dima considered the Government was doing enough, she responded that, although the Government was contributing through oversees aid, refugees needed more than just their physical requirements met, they needed to establish a full life in a society.  In response to a question from Councillor Sarah Bevan about the single most important thing refugees needed, Dima asked for constant support for refugees who have been in a terrible situation.  Councillor Jonathan Carr asked Dima for her hopes for life in the UK, she responded that she wanted to contribute to society, until it was safe for her to return home.

 

Councillor Joe Rayment raised a point of order (rule 4A, 34) to invite the Group Leaders of groups with at least 20% of Council seats to indicate if they required a 10 minute debate on the submission.  Agreement was given by Councillors Tim Warren and Dine Romero so the Council was invited to debate the question “What can B&NES best do to support the Syrian refugees?”  Councillors Joe Rayment, Shaun McGall, Tim Warren, Lisa Brett, Eleanor Jackson, Jonathan Carr spoke in the debate.

 

Following the debate, 2 petitions were handed in calling for Bath to offer homes to refugees.

 

Mrs Lawrence presented a petition regarding a reduction to the 716 bus service, and spoke in support of the petition.  [The full statement is attached to the minutes online.]  In response to a question from Councillor Tony Clarke querying whether Mrs Lawrence was aware that the Council does not have regulatory authorisation over bus companies, she responded that she was not aware of that, but had been told that the change was made by the Council not the bus company.  Councillor Neil Butters asked whether Mrs Lawrence was aware of how many people used the 716 service; she responded that she did not have the numbers, but the ones she used were quite busy by the end of the journey.  In response to a question from Councillor Sarah Bevan about whether any consultation had taken place with bus users, Mrs Lawrence replied that there had not been any to her knowledge.  Councillor Jonathan Carr enquired whether the area was served by a Dial-a-Ride service or community buses; Mrs Lawrence explained that Dial-a-Ride was available but that it was often too busy to respond.  The statement and petition were referred to the Cabinet Member for Transport.

 

David Redgewell addressed Council about MetroWest which was  ...  view the full minutes text for item 41.

Additional documents:

42.

Approval to apply to designate Firs Field as a Centenary Field pdf icon PDF 79 KB

Fields in Trust has launched a new initiative called Centenary Fields, to protect and preserve the UK’s war memorial fields, parks and green spaces that include war memorials and other valued green space with significance to World War I.  Designated sites would be protected in perpetuity through a legal deed of dedication between the Council and Fields in Trust.

Following discussions with officers and local consultation with the Friends of Firs Field, it is proposed that Firs Field would be ideal for this programme.  The Cabinet will considered this matter at its meeting on 9 September and its views and decision will be available to the Council meeting.

Additional documents:

Minutes:

The Council considered a report asking for agreement to enter into a legal deed of dedication giving Centenary Field designation to Firs Field.  This report had been to Cabinet the previous evening, who had recommended it to Cabinet for approval.

 

On a motion from Councillor Martin Veal, seconded by Councillor Bob Goodman, it was

 

RESOLVED (unanimously)

 

1.  To enter into a legal deed of dedication giving Centenary Field designation to Firs Field, subject to discussion with the Charity Commission;

 

2.  To recommend that the Leader of the Council agrees, on behalf of the Council as corporate trustee, to include the land held on trust within this designation, on the basis that Centenary Field designation will appropriately serve the aims of the trust created.

43.

Corporate Audit Committee Annual Report pdf icon PDF 66 KB

The Corporate Audit Committee has specific delegated powers given to it from Full Council and as such is required to report back annually to Council under its Terms of Reference.  This is the Annual Report of the Committee which details its work over the last year.

Additional documents:

Minutes:

The Council considered the annual report of the Corporate Audit Committee, presented by Councillor Brian Simmons, Chair of the Committee, who thanked the officers for their excellent work.

 

On a motion from Councillor Brian Simmons, seconded by Councillor Andy Furse, it was unanimously

 

RESOLVED to note the annual report of the Corporate Audit Committee.

44.

Amendments required to the Constitution pdf icon PDF 136 KB

These recommendations are being made as the Constitution needs to reflect the current best practice and other required amendments

Additional documents:

Minutes:

The Council considered a report outlining various amendments required to the Constitution to ensure that it reflects current best practice.

 

On a motion from Councillor Tim Warren, seconded by Councillor Dine Romero, it was unanimously

 

RESOLVED to approve the amendments as set out in Appendix 1 and 2 of the report.

45.

Motion from the Liberal Democrat group - Housing pdf icon PDF 42 KB

Additional documents:

Minutes:

An officer briefing note on this subject had been circulated to Members.

 

On a motion from Councillor Liz Richardson, seconded by Councillor Michael Evans, it was

 

RESOLVED that

 

This Council:

 

·  Recognises and supports the aspiration of home ownership as a general principle which is the right of hard-working local residents.

·  Notes that, under existing legislation, Housing Association tenants already have a ‘Right to Acquire’ their home at a discount, it is simply that this discount is currently less than that under the Right to Buy policy.

·  Notes the Government proposal to extend the Right to Buy to Housing Association tenants, meaning that that 1.3 million tenants nationally will be entitled to the same rights already enjoyed by Council Housing tenants.

·  Notes that 5,918 households are currently listed on the housing waiting register in B&NES – highlighting the need for more social rented homes to be made available.

·  Notes that the sale receipts from the new Right to Buy policy will be put toward new affordable homes, which along with government funding will allow one for one replacement in the area – thereby increasing the supply of affordable local homes.

·  Notes that when a home is bought under ‘Right to Buy’ the home is not ‘lost’, it is simply that ownership is transferred from the landlord to the occupier.

·  Notes that the extension of Right to Buy is one part of the Government’s wider package of measures to increase the supply of affordable homes and help more people onto the housing ladder, including plans to deliver 200,000 new Starter Homes at a 20% discount to first-time buyers, a new register of brownfield land that will also help fast-track the construction of new homes on previously-used sites, an extension of the Help to Buy Equity Loan scheme and the creation of a new Help to Buy ISA.

·  Welcomes the fact that under the Government’s new Right to Buy policy many more families will be able to own their own home who otherwise could not afford to do so.

·  Nonetheless believes greater clarity is still needed from Government over how this policy will be funded, including clarification over the requirement of councils to sell their most expensive housing when it falls vacant, as well as current restrictions over rented homes in rural areas and those secured under s106 agreements.

 

Council resolves:

 

·  To write to Government seeking clarification over the funding of the ‘one for one’ replacement scheme, in particular the proposed requirement of Councils to sell high-value housing, and asking that Government consult carefully with local authorities and housing associations before removing any exemptions and restrictions currently in place, such as those relating to homes in rural communities and built under s106 agreements.

 

[Notes:

 

1.  Opening the debate, a motion was moved by Councillor Cherry Beath, and seconded by Councillor Tim Ball, as set out with the agenda papers. This motion was replaced by the successful amendment.

2.  The Conservative amendment was carried with 32 Councillors voting in favour, 25 against and  ...  view the full minutes text for item 45.

46.

Motion from the Green group - Gulls & Waste pdf icon PDF 46 KB

Additional documents:

Minutes:

An officer briefing note on this subject had been circulated to Members.

 

On a motion from Councillor Jonathan Carr, seconded by Councillor Chris Pearce, it was

 

RESOLVED that

 

The Council Notes that:-

1.  The gull population in Bath has increased substantially over the past decade to over 2,000. While current actions have reduced the rate at which the population is increasing, the population continues to increase and will not decrease to more tolerable levels without further action.

 

2.  Studies of bird culls (Murton et al. 1972, Haag 1984, Kautz 1985, 1990, Kautz & Malecki 1990, Sol & Senar 1995, Schnitzler 1999) which have found that bird populations quickly return to or exceed previous levels after a cull, as culled birds are replaced by younger, healthier birds. Studies of use of egg removal (Rösener 1999) and chemical contraceptives (Elder 1964, Neubauer 1994) have shown these measures alone to be ineffective at causing substantial decreases in bird populations.

 

3.  Reducing the food available to gulls was the first recommendation of the Planning, Transport and Environment PDS report on Urban Gulls in November 2013.

 

4.  Waste is a major source of food for gulls in Bath, and that gulls tear open bags and strew waste across streets while trying to extract edible waste.

 

5.   The Current waste collection contracts must be renewed by October 2017.

 

6.   This renewal presents a key opportunity to create a permanent decrease in the gull population by renegotiating waste collection to reduce the amount of food available to the gulls from waste.

 

7.  The council notes that separation of waste into different categories and minimising the amount of general waste will reduce the food available to gulls.

 

8.  The council accepts the above scientific findings and that bird populations are controlled most effectively by limiting the availability of food.

 

The Council resolves to:

 

9.  Use humane methods of population controls and to avoid culling.

 

10.Undertake what measures are available to it within the scope of existing contracts to reduce the food available to gulls through waste.

 

11.Give priority when renegotiating waste collection contracts to;

·  Reducing the quantity of edible waste accessible by gulls and other scavengers.

·  Maximising the proportion of waste that is recycled, reused or composted and minimising the proportion of waste, particularly food waste, that is sent to landfill.

·  Minimising the impact of waste collection arrangements on the neighbourhood environment

 

12.  The council will work with neighbouring authorities to reduce gulls’ access to food in the region outside BANES.

 

13.  In order to provide a long-term action plan to address this issue, Council asks the Cabinet and relevant Officers to produce and implement a Gulls Strategy that takes account of the resolutions above and contains measures to support the three core principles of:

 

·  deterring the gull population from settling and breeding in B&NES;

·  reducing access to food sources, including street waste; and

·  communicating with the public to garner the support of residents, businesses and visitors in tackling this problem.

[Notes:

1.  The wording in resolution  ...  view the full minutes text for item 46.

47.

Motion from the Conservative group - Dorchester Street Bus Gate pdf icon PDF 49 KB

Additional documents:

Minutes:

On a motion from Councillor Matt Cochrane, seconded by Councillor Jasper Becker, it was

 

RESOLVED that

 

Council notes:

 

·  That between January and May of 2014 the Council operated an ‘experimental’ Bus Gate on the eastbound carriage of Dorchester Street.

 

·  That the experiment was ended early after confusion among motorists resulted in more than £220,000 worth of fines having to be refunded to drivers caught passing through the Bus Gate.

 

·  That at the time the trial concluded, the Council stated that it would analyse the data gathered during the experiment and assess the impact of the Bus Gate before taking a final decision over its permanent future, but that this decision may not be taken until after the completion of the Rossiter Road/Widcombe Parade diversion project.

 

·  That during the 15 week period of the Bus Gate’s operation, 7,225 motorists were issued with Penalty Charge Notices – meaning an average of 69 vehicles were caught breaching the Bus Gate each day. However, no specific data was gathered on the number of vehicles displaced onto alternative routes such as Rossiter Road, Pulteney Road and North Parade.

 

Council believes:

 

·  That with the two-way system on Rossiter Road now in operation, now is the right time to take a decision on the future of the Dorchester Street Bus Gate.

 

·  That, whilst the Council is supportive of measures to encourage bus usage, including bus priority measures where appropriate, the problems caused by the Bus Gate in terms confusion amongst motorists and reputational damage to the Council and city mean its reintroduction would not be sensible or justified.

 

·  That further work is nonetheless required to assess whether any steps can be taken to improve the flow of traffic on Dorchester Street to reduce congestion for the benefit of all traffic, including buses, and ensure a safe environment for all road users and pedestrians.

 

Council resolves:

 

1.  To express its view that the Dorchester Street Bus Gate should not be reinstated and put this as a recommendation to the Cabinet Member.

 

2.  To request that the Cabinet Member for Transport ask officers to undertake a study of Dorchester Street to determine whether any measures could be introduced to improve the flow of traffic whilst ensuring a safe environment for all road users and pedestrians.

 

[Notes:

 

1.  An unsuccessful amendment was moved by Councillor Neil Butters, seconded by Councillor Nigel Roberts, to introduce measures to recognise air pollution and climate change aspects. This was not carried, with 23 Councillors voting in favour, and 35 against.

2.  During debate, a motion to extend the meeting to 10:20 was not carried, although a subsequent motion to extend to 10:10 was successful, with a majority of Councillors voting in favour.

3.  The substantive motion was carried, with 35 Councillors voting in favour, and 23 against.

4.  During the debate, various procedural points were raised and addressed.]

48.

Motion from Liberal Democrat group - Fracking pdf icon PDF 42 KB

Additional documents:

Minutes:

An officer briefing note on this subject had been circulated to Members.

 

On a motion from Councillor Tim Warren, seconded by Councillor Patrick Anketell-Jones, it was

 

RESOLVED that

 

Council:

 

·  Notes the resolution on fracking adopted by Council on 11 July 2013.

·  Reiterates its serious concerns about the potential impact of unconventional gas exploration and extraction, as well as geothermal exploitation, within Bath and North East Somerset, in particular relating to:

a.  The vulnerability of the hot springs which supply Bath's spa water and the potential risk to the supply of hot spring water and to the water table overall.

b.  Its potential impact in an area significantly covered by Green Belt, Areas of Outstanding Natural Beauty and a World Heritage Site.

c.  The importance of protecting the reservoir water supply in the Chew Valley.

 

Council resolves:

 

·  To request that the Leader of Council and Chief Executive once again formally register the concerns of Council relating to unconventional gas exploration and extraction and geothermal exploitation within Bath and North East Somerset and neighbouring areas with the Department for Energy & Climate Change.

·  To request an update to Council from Officers and the Cabinet on this issue with regard to the Placemaking Plan and measures available to the Council to control, and if appropriate prevent, the use of unconventional gas exploration and extraction and geothermal exploitation within B&NES.

·  To request that the Leader conveys Council’s concerns to the Members of Parliament for Bath and North East Somerset.

·  To continue to work with Somerset County Council and other neighbouring authorities, and national Government, to examine the technical and environmental issues involved in unconventional gas exploration and extraction and geothermal exploitation.

·  To continue to support the development of renewable energy systems and improved energy efficiency in Bath and North East Somerset as set out in the draft Core Strategy in order to help achieve the transition from fossil fuels to sustainable sources of energy.

 

[Notes:

1.  Opening the debate, Councillor Dine Romero moved an updated motion from that circulated with the agenda, emphasising their serious concerns associated with fracking.  This motion was replaced with the successful Conservative amendment, which then became the substantive motion on a vote of 31 Councillors in favour and 26 against.

2.  The substantive motion was carried, with 31 Councillors voting in favour, and 26 against.

3.  During debate, there was a successful motion to move to the vote.

4.  During the debate, various procedural points were raised and addressed.]

49.

QUESTIONS, STATEMENTS, PETITIONS AND DEPUTATIONS FROM COUNCILLORS

The Democratic Services Manager will announce any submissions received. The Council will be invited to decide what action it wishes to take, if any, on the matters raised in these submissions. As the questions received and the answers given will be circulated in written form there is no requirement for them to be read out at the meeting. The questions and answers will be published with the draft minutes.

Additional documents:

Minutes:

There were no items from Councillors.