Meeting documents
Cabinet
Wednesday, 5th September, 2007
BATH AND NORTH EAST SOMERSET COUNCIL
CABINET
Wednesday 5th September 2007
PRESENT:
Councillor Francine Haeberling - Leader
Councillor Malcolm Hanney - Resources and Deputy Leader
Councillor Vic Pritchard - Adult Social Services and Housing
Councillor Charles Gerrish - Customer Services
Councillor David Hawkins - Development and Major Projects
Councillor Chris Watt - Children's Services
14 WELCOME AND INTRODUCTIONS
The Chair was taken by Councillor Francine Haeberling, Leader of the Council.
The Chair welcomed everyone to the meeting.
15 EMERGENCY EVACUATION PROCEDURE
The Chair drew attention to the emergency evacuation procedure as set out on the Agenda.
16 APOLOGIES FOR ABSENCE
There were none.
17 DECLARATIONS OF INTEREST UNDER THE LOCAL GOVERNMENT ACT 1972
There were none.
18 TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR(PERSON)
There was none.
19 QUESTIONS FROM PUBLIC AND COUNCILLORS
There were 2 questions from the following people: Councillor David Dixon, Councillor Adrian Inker
[Copies of the questions and responses have been placed on the Minute book as Appendix 1 and are available on the Council's website.]
20 STATEMENTS, DEPUTATIONS OR PETITIONS FROM PUBLIC AND COUNCILLORS
Councillor Ian Gilchrist made a statement asking for safety improvements at the road crossing from Caroline Buildings, Pulteney Rd, Widcombe. He pointed out that a reduction in the speed limit from 30mph to 20mph would only cost drivers 15 seconds but would increase a pedestrian's survival rate by 60% in the event of an accident.
Mrs Domini Barry made a statement asking for safety improvements at the road crossing from Caroline Buildings, Pulteney Rd, Widcombe. She said that the scheme introduced 2 years ago had proved to be dangerous and unhelpful and had caused 2 accidents. Vehicles passed within inches of toddlers because of the narrowed roads and she felt that the central reservation caused confusion and had led to some close shaves.
Councillor Gilchrist and Mrs Barry presented a petition to Cabinet calling on the Council to make the crossing safer and to introduce a 20mph zone with flashing lights. The Chair referred the petition to Councillor Gerrish for consideration.
Councillor Gerrish responded by saying that he had recently visited the site and agreed there were difficulties. He had already asked officers to address some issues which could be resolved quickly and there were other issues which he was confident would be addressed in the medium term.
Ian Plaister, Chair of St Catherine's Parish Meeting, made a statement (a copy of which is attached to the minutes as Appendix 2) in which he opposed the awarding of a 24-hour drinks license to St. Catherine's Court without planning permission for change of use.
Major Tony Crombie made a statement in which he appealed to licensing officers and planning officers to work together to avoid causing disappointment and distress to local residents. He called upon the owners of St. Catherine's Court to submit a proper planning application because the present appeal by the owners to "continued lawful use" was not subject to objection from the public.
Councillor Charles Gerrish replied that the public does in fact have a right to comment on the factual accuracy of any appeal to "lawful use".
Councillor Dr. Eleanor Jackson made a statement (a copy of which is attached to the minutes as Appendix 3) in which she appealed to the Cabinet to agree at its next meeting in November to fund a full restoration and modernization programme for Victoria Hall, Radstock.
Councillor Malcolm Hanney confirmed that he anticipated a paper, laying out all the options for Victoria Hall, to be presented to Cabinet on 7th November.
21 MINUTES: WEDNESDAY 20TH JUNE 2007
On a motion from Councillor Francine Haeberling, seconded by Councillor Chris Watt, it was
RESOLVED that the minutes of the meeting held on Wednesday 20th June 2007 be confirmed as a correct record and signed by the Chair.
22 CONSIDERATION OF SINGLE MEMBER ITEMS NOW REQUISITIONED TO CABINET.
There were none.
23 CONSIDERATION OF MATTERS REFERRED BY OVERVIEW AND SCRUTINY BODIES.
There were none.
24 REGIONAL SPATIAL STRATEGY FOR THE SOUTH WEST: PITCH PROVISION FOR GYPSIES AND TRAVELLERS IN BATH & NORTH EAST SOMERSET (Report 11).
Councillor Paul Crossley made an ad hoc statement in which he expressed satisfaction that the Council was revealed in a very favourable light in the assessment. He asked that Cabinet consult widely and meaningfully so that the right travellers' sites can be allocated.
Councillor Charles Gerrish, in proposing the item, pointed out that this requirement is one small additional part of the Regional Spatial Strategy. He said that he intended to engage fully in consultation with local people and he was determined to meet the Council's obligations to meet the requirements of the strategy.
Councillor David Hawkins seconded the proposal.
Councillor Vic Pritchard wished it to be made clear in the debate that the consultation was being carried out by the Regional Assembly and that the Council was responding, as a consultee. He noted that Councillor Crossley had referred to 18 sites but that the report refers to 19 and asked for clarification.
Councillor Charles Gerrish confirmed that the paper was the Council's response to the Regional Assembly consultation. He said that the Council's initial assessment had been for 18 sites but that following the full survey 19 had been identified including provision for travelling show people.
Rationale
It is a requirement under Section 225 of the Housing Act 2004 for local authorities to carry out an assessment of the accommodation needs of gypsies and travellers residing in or resorting to their district. Circular 01/2006 Planning for Gypsy and Traveller Caravan Sites also requires local authorities to assess Gypsy and Traveller accommodation needs as part of their Gypsy and Traveller Accommodation Assessments (GTAA). The GTAA will inform the Regional Spatial Strategy of the overall assessment of need for Bath & North East Somerset for the period 2006 - 2011. Under the Planning and Compulsory Purchase Act 2004 not only will gypsy and travellers policies be included in the Regional Spatial Strategy, but development plan documents will need to identify sites where the pitches required by the Regional Spatial Strategy can be provided as part of the Local Development Framework.
Since 31 May 2002, an enforceable, statutory general duty to promote race equality (the race equality duty) has applied to 43,000 public authorities in England and Wales. The general duty requires public authorities to:
o take steps to tackle unlawful racial discrimination;
o promote equal opportunities and good relations between different racial groups.
It applies to councils, schools, health organisations, criminal justice agencies and central government departments, all public authorities with a central role in promoting the welfare of Gypsy and Traveller communities.
Other Options Considered
An option is not to submit comments on the consultation draft of the Partial Review to the Examination in Public Panel and rely on the interim permanent pitch figure for Bath & North East Somerset. However this was derived from the draft findings of the West of England GTAA and has not been ratified by the Council (see Appendix 4, para A4.7). The final West of England GTAA Report has now been received and provides the most robust and up to date assessment of need. This should be used to support the Council's response to the Examination in Public Panel in terms of providing a sound evidence of need for gypsy and traveller pitch provision in the District.
There is also a risk that a decision not to respond to the Partial Review within the consultation period (8 August - 31 October 2007) could raise the possibility of a legal challenge on the grounds that the Council had not acted reasonably in making available information following receipt of the final West of England GTAA Report which is in the public domain. Not to disclose the pitches numbers derived from the final GTAA for the purposes of the RSS could undermine the Council's duty in making adequate provision for the gypsy and traveller accommodation in this District through the Local Development Framework and result on a number of pitches being imposed on the Council by the Secretary of State..
On a motion from Councillor Charles Gerrish, seconded by Councillor David Hawkins, it was
RESOLVED (unanimously)
(1) To note the publication of the West of England Gypsy and Travellers Accommodation Assessment which will be an important part of the evidence base for Bath & North East Somerset that will underpin future planning policy documents and other strategies that relate to the accommodation provision for Gypsies and Travellers.
(2) To recommend to Council that Bath & North East Somerset Council's response to proposals to review draft Policy GT1 of the Regional Spatial Strategy (Appendix 4 to this report) is endorsed and submitted to the South West Regional Spatial Strategy Partial Review Examination in Public Panel by 31 October 2007.
25 COUNCIL PERFORMANCE REPORT FOR APRIL-JULY 2007 (Report 12).
Councillor Francine Haeberling, in proposing the item, said that the report showed that the Council's performance to date had been good. She highlighted a number of areas which demonstrated the Council's achievements. In particular she pointed out that 3-Ways School had opened on time, within budget and was now operating successfully. She congratulated the staff, students and parents and wished them every success in the future.
Councillor Chris Watt seconded the proposal. He drew attention to section 7.3 of the report in which it was reported that the Council was already in sight of achieving two-thirds of its LAA stretch targets under the Local Area Agreement.
Councillor Vic Pritchard also wished to draw attention to section 7.8 of the report, which showed that in a recent inspection, Maple Grove residence for people with learning difficulties had achieved a rating of "Excellent". He had recently met some of the clients of Maple Grove and had been impressed by their enthusiasm and dignity which he believed was due to the professionalism of the staff.
Councillor Francine Haeberling added that this rating had been gained as a result of an unannounced inspection, which made it all the more creditable.
Rationale
The report is a key part of the Council's performance management framework.
Other Options Considered
None.
On a motion from Councillor Francine Haeberling, seconded by Councillor Chris Watt, it was
RESOLVED (unanimously)
(1) To note the contents of this first quarter report for 07/08 performance.
26 LAUNCH OF THE BATH & NORTH EAST SOMERSET CORE STRATEGY (Report 13).
Councillor Paul Crossley made a statement in which he said that it had taken a number of years to merge all the various Plans from legacy authorities but that this was now close to fruition. He reminded the meeting that it was possible to consult for a number of years before making a decision, but then still to meet opposition and objections when the plans were eventually implemented, as had happened over the Southgate proposals. He alerted the Cabinet to the need for consultation documents to be short and clear, in order to encourage the public to read them and then to respond. The consultation should also spell out the possible consequences of each option so that, for example, those calling for low-cost housing accept that some of this will have to be high-density or high-level build or perhaps in the green belt.
Councillor Dr. Eleanor Jackson made an ad hoc statement agreeing with the points made by Councillor Crossley.
Councillor Charles Gerrish, in proposing the item, pointed out that the year 2008 on page 4 of the report should read 2009. He congratulated those involved in preparation of the document for having done an excellent job in creating an understandable document but agreed with Councillor Crossley's suggestion that a précis version would make the document accessible to many more people.
Councillor Gerrish explained that the document would be launched at the Local Strategic Partnership meeting later in September, for public consultation until December. Although this was not a long period, he stressed that it was important for the Council to engage with all groups in the community, especially young people.
Councillor David Hawkins seconded the proposal.
Rationale
The Local Planning Authority is required to produce a Core Strategy as a key part of its Local Development Framework, in accordance with Planning Policy Statement 12: Local Development Frameworks and the Town & Country Planning (Local Development) (England) 2004 Act. There are a number of set stages which must be completed in the preparation of a Core Strategy, the first being the preparation of issues and alternative options in consultation (Regulation 25). The Core Strategy Launch document and the associated consultation constitute the first stage in the preparation of Bath & North East Somerset's Core Strategy.
Other Options Considered
The preparation of a Development Plan is a statutory requirement - the Core Strategy is a key part of this. The requirements for the first stage in the preparation of a Core Strategy are to encourage broad community engagement and engage with specific consultation bodies and other local stakeholders. The consultation has been planned in accordance with the Local Planning Authority's Statement of Community Involvement and relevant legislation.
On a motion from Councillor Charles Gerrish, seconded by Councillor David Hawkins, it was
RESOLVED (unanimously)
(1) To agree publication of the Launch Document for Public Engagement from October to December 2007;
(2) To note the proposals for public consultation from October to December 2007.
27 SERVICE AND FINANCIAL PLANNING 2008/09 TO 2010/11 (Report 14).
Councillor Malcolm Hanney, in proposing the item, thanked the officers who had contributed towards preparation of the report. He emphasised the significant financial challenges of the next few years, some of which he listed:
o The obligation on the Council to increase its pensions contributions;
o The effects of inflation;
o The increasing needs of vulnerable adults and children;
o The government's initiatives on concessionary fares.
Councillor Hanney encouraged every-one to concentrate on the key criteria for success and to be willing to make difficult decisions as early as possible so as to mitigate the financial situation. He was delighted to say that the Council carried reasonable reserves as a result of having managed its budgets well over a number of years. He said that Overview and Scrutiny Panels would play a huge part in positioning the Council for a secure future.
Councillor Francine Haeberling seconded the proposal.
Councillor Charles Gerrish emphasised the concerns he felt about the very challenging position in which the Customer Services Directorate found itself, as a direct consequence of the Government's concessionary fares scheme which Councillor Hanney had already mentioned. He reminded the meeting that the budget had been agreed before the concessionary fares scheme was announced by government and its effects had been extremely challenging. He also pointed out that during the tender process, the lowest quote for waste services had been more than his entire budget.
Councillor Malcolm Hanney agreed that here were no easy answers to the points raised by Councillor Gerrish but undertook to make representations at the highest levels of government about the concessionary fares scheme.
Rationale
The report sets out:
o The current known background and context for the review of the financial plan;
o The changes in the service and resources planning process in terms of improvement and to reflect the new and emerging management arrangements arising from the corporate re-structuring of the Council.
The high level timetable for the service and resources planning process as required under the Council's constitution..
Other Options Considered
None. The substance of the report sets out the context and process for the Council's service and financial planning, which will enable full consideration of options to meet the challenges faced.
On a motion from Councillor Malcolm Hanney, seconded by Councillor Francine Haeberling, it was
RESOLVED (unanimously)
(1) To adopt the proposed strategic approach to and timetable for the service and resources planning process;
(2) To note the background, key issues and pressures that will need to be considered when developing service delivery plans and when recommending a financial plan and budget to Council in February 2008;
(3) To request the Overview and Scrutiny panels to consider and comment on the proposed high level service and financial strategy, including those service planning parameters which will affect the services within the Panels' remit, and in particular to focus on value for money, and service and community impact in relation to their service portfolio;
(4) To request the Cabinet member for Resources to make a robust response to a potential further reduction in grant base contained in the consultation on grant changes due by 15th October 2007.
28 REVENUE AND CAPITAL BUDGET MONITORING, CASH LIMITS AND VIREMENTS - APRIL 2007 TO JULY 2007 (Report 15).
Councillor Malcolm Hanney, in proposing the item, said that it was clear that the Council had so far this year not operated within its budget; the forecast overspend would be £1.9m if spending were to continue at its present rate. He warned that if the Council failed to break even by the end of the financial year then the impact on future years would be worse. He was encouraged because he had been assured that all Cabinet colleagues and Directors appreciated the reality of this.
Councillor Francine Haeberling seconded the proposal and emphasised that at this early stage in the year it would still possible to address the projected overspends.
Rationale
The report is presented as part of the reporting of financial management and budgetary control required by the Council.
Other Options Considered
None.
On a motion from Councillor Malcolm Hanney, seconded by Councillor Francine Haeberling, it was
RESOLVED (unanimously)
(1) That Strategic Directors should continue to work towards managing within budget in the current year for their respective service areas, and to manage below budget where possible by not committing unnecessary expenditure, through tight budgetary control;
(2) To note this year's revenue budget position as shown in the report;
(3) To note the capital expenditure position for the Council in the financial year to the end of July and the year end projections as detailed in the report;
(4) To approve the 2007/08 virements and to note the changes in the capital programme listed in the report;
(5) To note the update on the efficiency group detailing current progress against the savings target and its future role.
29 RECYCLING SERVICES MARKET TEST (Report 16).
The Chair asked all Cabinet members to confirm that they had read the Public Interest Test relating to the exemption of Appendix B, Results of Tenders Received. All confirmed.
Councillor Charles Gerrish proposed therefore for the reasons set out in the public interest document set out in the agenda papers that Appendix B be declared to be exempt from publication. This was seconded by Councillor Francine Haeberling and RESOLVED (unanimously).
Councillor Paul Crossley made a statement urging Cabinet to accept the proposals before them and to award the contract to ECT. He reminded Cabinet that ECT had already proved to be a partner whose ethos and way of working fitted with the Council's aims. He welcomed the possibility of moving to source separation, particularly of food waste and pointed out that ECT had been innovative in other councils. Working with ECT might enable the council to move to food waste collection.
Councillor Charles Gerrish, in proposing the item, said that he agreed that ECT had new ideas which would enable the Council to make progress in recycling. He was determined that the Council would retain its pre-eminent position for recycling.
Councillor Vic Pritchard seconded the proposal.
Rationale
The analysis of the tenders submitted has shown that ECT offers the Council best value in terms of price and delivery.
Other Options Considered
Another tender was evaluated as part of the contract award, but this contractor was not selected as they did not score so highly in the evaluation process.
On a motion from Councillor Charles Gerrish, seconded by Councillor Vic Pritchard, it was
RESOLVED (unanimously)
To award the Recycling Collection Services contract to ECT Recycling for a period of 10 years.
The meeting ended at 5:58pm
Chair(person)
Date Confirmed and Signed
Prepared by Democratic Services