Meeting documents

165 WELCOME AND INTRODUCTIONS

The Chair welcomed everyone to the meeting.

166 EMERGENCY EVACUATION PROCEDURE

The Chair(person) drew attention to the emergency evacuation procedure as set out on the Agenda.

167 DECLARATIONS OF INTEREST

The following declarations of interest were made;

Councillor Paul Crossley declared a personal and prejudicial interest in item 12 regarding Southdown School and left the meeting during the discussion and decision on this item.

Councillor Malcolm Hanney declared a personal, non-prejudicial interest in item 14 regarding Bath Western Riverside, as Chair of the Primary Care Trust.

Councillor Jonathan Gay declared a personal and prejudicial interest in item 24 as the Director of an affected company and withdrew from the meeting for the discussion and decision on this item.

168 TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR(PERSON)

There were no items or urgent business.

169 QUESTIONS FROM PUBLIC AND COUNCILLORS

Mr Conrad Veal from Antique Tours asked 8 questions regarding the delimiting of Hackney Carriage Licence numbers. Responses were given by Councillors Sir Elgar Jenkins and Vic Pritchard. [These were taken at the relevant item (minute number 176 below).]

Councillor Colin Barrett had submitted a question regarding Weston pinch point. Reference was made to the response from Councillor Sir Elgar Jenkins which was supplied to Councillor Barrett after the meeting.

[Copies of the questions and responses have been placed on the Minute book and are available on the Council's website.]

170 STATEMENTS, DEPUTATIONS OR PETITIONS FROM PUBLIC AND COUNCILLORS

7 statements were made for which due notice had been given; these are listed at the relevant item (minute numbers 176 and 178) and copies have been placed on the Minute book (when provided).

171 MINUTES: WEDNESDAY 2ND MARCH 2005

On a motion from Councillor Paul Crossley, seconded by Councillor Francine Haeberling, it was

RESOLVED that the minutes of the meeting held on Wednesday 2nd March 2005 be confirmed as a correct record and signed by the Chair(person).

172 CONSIDERATION OF SINGLE MEMBER ITEMS NOW REQUISITIONED TO COUNCIL EXECUTIVE (Report 9).

There were no such items on this occasion.

173 CONSIDERATION OF MATTERS REFERRED BY OVERVIEW AND SCRUTINY BODIES (Report 10).

There were no such items on this occasion.

174 A REVIEW OF PRIMARY SCHOOLS IN NORTH WEST BATH (Report 11).

Councillor Tim Bullamore made a statement (ad-hoc) regarding the necessity for progress in the re-building of part of Weston All Saints Primary School.

Councillor Caroline Roberts made a statement (ad-hoc) regarding Newbridge St John's Infant and Junior schools.

Councillor Jonathan Gay gave a brief introduction to this report and explained that the surplus places in the area were not a reason for concern.

Rationale for the decision

Although the level of unfilled places is within the range acceptable for this cluster as set out in the School Organisation Plan, the possible amalgamation of the Newbridge Schools offers the scope to remove some places and achieve a better utilisation of accommodation.

The opportunity to explore the possibility of amalgamation is in line with the LEA's stated preference for all through primary schools

Other Options considered

The only other option would be not to explore the possibility of amalgamation but this would be a missed opportunity given the potential benefits and the willingness of the schools to consider this.

On a motion from Councillor Jonathan Gay, seconded by Councillor Sir Elgar Jenkins, it was

RESOLVED to

(1) Note the valuable work of the Education, Youth, Culture & Leisure Overview & Scrutiny Panel (EYCL OSP) and consider their recommendations as appended to the report;

(2) Note the need for future substantial capital investment at Weston All Saints Primary School and instruct officers to explore all possible sources of funding;

(3) Agree that a consultation exercise is undertaken to consider the possible amalgamation of Newbridge St John's C of E Infant School and Newbridge Junior School;

(4) Note the Panel's strong view that any savings as a result of amalgamation should be reinvested in schools for building repairs and improvements; and

(5) Agree to the Panel's recommendation that the Executive Members for Lifelong Learning and Transport & Highways explore the feasibility of providing a pelican crossing on Penn Hill Road to enable safe access to the St Mary's Catholic Primary School playing field.

175 THE FUTURE OF SOUTHDOWN INFANT SCHOOL AND SOUTHDOWN JUNIOR SCHOOL - OUTCOME OF CONSULTATION AND NEXT STEPS (Report 12).

[Councillor Paul Crossley had declared a personal and prejudicial interest and withdrew from the meeting for this item; Councillor Francine Haeberling took the Chair.]

Councillor Jonathan Gay introduced this item and thanked all those who had responded to the Discussion paper. He explained that the Council would be looking for targetted funding for any scheme. Councillor Gay acknowledged that some concerns had been raised about selling off parts of the existing site and explained that these would be considered in the consultation period.

Councillor Malcolm Hanney reminded Members that any educational projects needed to be kept within resources.

Councillor Nicole O'Flaherty noted that some of the correspondence received had expressed reservations and asked for reassurance that the consultation would be thorough.

Councillor Colin Darracott also referred to the correspondence received. He noted that many of the concerns related to the use of the land and not directly to the well-being of the school and hoped this would be taken into consideration when the consultation responses were being analysed.

Councillor Jonathan Gay agreed with all the Members' comments.

Rationale for the decision

The Council is committed to combating educational deprivation and the creation of a new school with modern facilities is likely to contribute to a raising of educational standards.

There is some local support for the creation of a new `all-through' school and most of the concerns raised in consultation can be addressed through rational use of the site and high quality design.

The Council has a duty to ensure there are sufficient, suitable school places and, taking into account the views expressed in consultation, there is insufficient certainty that a 210 place school would be sufficient.

In other circumstances, the closure of schools with such high levels of evident surplus capacity might have been considered in greater depth. However, since it is absolutely clear that Southdown needs a school and that only the size of the school is at issue, and that the circumstances in Southdown and the criteria for bids under TCF are so closely matched, it is rational to maintain the schools unchanged at present pending further detailed work on the number of places to be offered and further consultation.

Other Options considered

The alternative to the recommended course of action was to agree that both schools should remain unchanged and that no attempt would be made to effect change at the right time. This would have conflicted with the stated aims of the Area Review (particularly those relating to the improvement of standards, and the provision of high quality facilities) which is the principal causative factor behind this report.

On a motion from Councillor Jonathan Gay, seconded by Councillor Sir Elgar Jenkins, it was

RESOLVED to

(1) Note the responses received during the consultation exercise;

(2) Acknowledge that there is limited local support for pursuing this proposal;

(3) Acknowledge that much of the opposition appears to focus on the use of any part of the site that may no longer be required, the location of any new building and the costs of building a new school;

(4) Note that schools in Southdown are identified in the School Organisation Plan as "strategic schools in areas of educational deprivation";

(5) Agree, in principle, that the establishment of a new all-through primary school at Southdown is desirable;

(6) Instruct Officers to give further consideration to the size of any new school in light of comments received during consultation, and consider whether further statutory consultation is required; and

(7) Instruct Officers to seek support from external funding sources, at an appropriate time, in order to take this project forward.

176 TAXI POLICY AND DELIMITING OF HACKNEY CARRIAGE LICENCE NUMBERS (Report 13).

Notice had been given from the following members of the public who made statements against de-zoning and delimitation and calling for an unmet demand survey to be undertaken (copies of which have been placed on the Minute book, when provided).

Brian Culver

Robin Hollingdale

Glen Harrington

Conrad Veal

Ken Taylor

Dave Wilkins

The Chair then invited any further ad-hoc contributions and the following people made statements;

Rodney Brown

Barry Hopkins

Councillor Steve Hedges

David Waldron

Councillor Roger Symonds

Councillor Gitte Dawson

Councillor Sir Elgar Jenkins introduced the report by explaining that the responsibility for the overall policy for taxis lay within his portfolio of Transport and Highways, but that the separate function of issuing licences was done by the Licensing Committee and within the portfolio of Councillor Vic Pritchard. He added that taxis were an important part of any integrated public transport system.

Councillor Paul Crossley thanked all the trade for their contributions. He explained one reason for continuing to limit being that hackney carriages and private hire vehicles provided a different service. Having listened carefully to all the arguments, Councillor Crossley stated his view that there was a need for a review of unmet demand.

Councillor Francine Haeberling recognised the need for the trade to be regulated in the interests of public safety.

Councillor Jonathan Gay raised a concern about the issue of selling on plates and moved an amendment with regard to further research into this aspect which was incorporated into the successful resolution (as indicated below).

Rationale for the decision

The rationale for the decision is contained within the resolution.

Other Options considered

The production of a Taxi Strategy (Policy) is a commitment of the Council in the 2000 Local Transport Plan, and a short term objective in the response to the Best Value review process. No other options were considered.

The option of the abolition of the two operating zones and the abolition of the limitation of the number of hackney carriage vehicle licences in zone 1 (Bath) has been rejected due to the reasons stated within the resolution.

On a motion from Councillor Paul Crossley, seconded by Councillor Francine Haeberling, it was

RESOLVED

(1) To approve the Taxi Policy 2005, incorporating the key objectives 1 to 12 of the Policy and including a new objective 13 as set out below;

(2) To note that the recent decisions of the Licensing Committee have resulted in an increase of 20% from 89 to the current level as of today;

(3) That the Executive considers that there needs to be a period during which the impact of the recent increase in the number of licensed hackney carriages can be assessed;

(4) That the Executive considers it likely that the current provisions for hackney carriages is adequate and that to grant further licences would not appear to be justifiable on the basis that there is likely to be no significant demand for hackney carriages which will be unmet;

(5) To hold a survey to establish unmet need and then reconsider within the next year whether any limit should continue to be placed on the number of hackney carriage licences issued in zone 1; and

(6) To authorise the Head of Environmental and Consumer Services to deal with any issues that arise in connection with the policy during such period.

[The above underlined wording at resolution (1) incorporates proposed wording from Councillor Jon Gay and accepted by the mover of the motion.]

177 PROPOSED APPOINTMENT OF CREST NICHOLSON AS JOINT MASTER DEVELOPMENT PARTNER WITH GROSVENOR FOR BATH WESTERN RIVERSIDE (Report 14).

Councillor Colin Darracott introduced this report and asked for Members agreement to this in principle.

Rationale for the decision

The Donaldsons report at Exempt Appendix 1 outlines the details of the rationale for recommending that the Council appoints Crest Nicholson as joint Master Development Partner for Bath Western Riverside, alongside Grosvenor. This includes the following reasons:

o CN's acquisition of Landscape Estates' interest;

o Crest Nicholson's (CN's) track record and underlying company strength (see also Annex 2 of the report);

o Strong team;

o Collaboration Agreement between Grosvenor and CN;

o Ability to create additional partnerships (see also Annex 2 of the report).

Other Options considered

A full assessment of other options is contained in Section 4 of Donaldson's report at Exempt appendix 1. This concludes that the appointment of Crest Nicholson to the Project Partnership alongside Grosvenor represents the best option for the Council.

On a motion from Councillor Colin Darracott, seconded by Councillor Malcolm Hanney, it was

RESOLVED

(1) To agree in principle that Crest Nicholson are formally appointed as preferred joint Master Development Partner, alongside Grosvenor, for the Bath Western Riverside Project, in accordance with regulation 10(2)(e) of the Public Services Contracts Regulations 1993 ("Services Regulations"); and

(2) To give delegated authority to the Bath Western Riverside Regeneration Manager, in consultation with the Major Projects Director and the Executive Member for Economic Development, to obtain all necessary further information and resolve any outstanding actions and due diligence required to formally introduce Crest Nicholson to the Project Partnership.

178 COMBE DOWN STONE MINES - ACCEPTANCE OF FUNDING OFFER (Report 15).

David Dunkerley, Combe Down Stone Mines Community Association, made a statement urging the Executive to accept the offer. (A copy of this statement has been placed on the Minute book).

Councillor Colin Darracott stressed the unique nature of this project and the significance of reaching this stage. He acknowledged the rigorous negotiation undertaken by officers to reduce the risk to the Council and also thanked the Combe Down Stone Mines Community Association for their patient and co-operative contribution.

Councillor Malcolm Hanney also recognised the significant progress that had been achieved to reduce the risks to the Council. With regard to the pressure from this and other major projects, Councillor Hanney stressed the critical nature of correct process and procedure for taking this project forward, and in recognising this, emphasised the need to ensure sound management arrangements at all times.

Councillor Paul Crossley also offered warm praise to officers, the Community Association and Ward Members in reaching this stage.

Rationale for the decision and other options considered

The Council is not obliged to take funding on terms it finds unacceptable, provided that it acts reasonably. If the Project is not undertaken, any works carried out to date must not render the mines less stable than they were before the works were done.

If the Council were to decide not to proceed with the project, it would of course remain responsible for its own land and for the maintenance of the highways. It is not clear whether any government funding would be available if the Council were to decide to discharge these responsibilities without dealing with any of the land in private ownership.

On a motion from Councillor Colin Darracott, seconded by Councillor Malcolm Hanney, it was

RESOLVED

(1) To note the terms and conditions of the offer, and the implications for the Council thereof;

(2) To accept the offer; and

(3) To require officers to continue to seek ways to limit the Council's exposure to risk on the scheme, and to write to the Minister responsible, setting out the Council's genuine concerns over the nature of the contract and the risks to the Council and the local tax payer which are implicit within it.

[The underlined wording of resolution (3) above was offered by Councillor Malcolm Hanney and accepted by the mover of the motion.]

179 BUSINESS IMPROVEMENT PARTNERSHIP - ANNUAL SERVICE REVIEW (Report 16).

Councillor Malcolm Hanney introduced this report and explained some of the key features of the Partnership arrangement.

Rationale for the decision

This is detailed within the body of the report.

Other options considered

No other options were considered as this is detailing the progress to date of the project.

On a motion from Councillor Malcolm Hanney, seconded by Councillor Paul Crossley, it was

RESOLVED

(1) To endorse the findings of the annual service review;

(2) To endorse the deliverables for the Partnership for 2005/06 as listed in paragraph 4.6 of the report; and

(3) To note that the Resources Overview & Scrutiny Panel has included a review of the Partnership within its workplan for 2005/06, and to delegate to the Executive Member (Resources) in consultation with the Council Leader, authority to consider and respond to the Panel's conclusions and recommendations.

180 CASH LIMITS AND VIREMENTS 2005/06 (Report 17).

Councillor Malcolm Hanney introduced this report which presented the opening revenue budget cash limits for 2005/06, including a number of budget transfer requests.

Rationale and other options considered

This report is presented as part of the reporting of financial management and budgetary control required by the Council.

No other options were considered.

On a motion from Councillor Malcolm Hanney, seconded by Councillor Paul Crossley, it was

RESOLVED to approve the virements listed in Appendix 1 to the report.

181 PSA PERFORMANCE REPORT (Report 18).

Councillor Paul Crossley introduced this report which provides update information about progress made on the Council's Public Service Agreement, agreed with the Government in August 2003.

Rationale and other options considered

The PSA is an important source of extra funding for the Council and the regular reporting on progress allows the early identification of areas of concern.

No other options were considered.

On a motion from Councillor Paul Crossley, seconded by Councillor Colin Darracott, it was

RESOLVED to note the progress reported in Appendix A to the report.

182 TRANSPORTATION 4 MONTHLY PERFORMANCE REPORT (Report 19).

On a motion from Councillor Paul Crossley, seconded by Councillor Francine Haeberling, it was

RESOLVED to note the report.

183 ENVIRONMENT 4 MONTHLY PERFORMANCE REPORT (Report 20).

On a motion from Councillor Paul Crossley, seconded by Councillor Francine Haeberling, it was

RESOLVED to note the report.

184 COMMUNITY SAFETY AND DRUG ACTION TEAM 4 MONTHLY PERFORMANCE REPORT (Report 21).

On a motion from Councillor Paul Crossley, seconded by Councillor Francine Haeberling, it was

RESOLVED to note the report..

185 HOUSING & SUPPORTED LIVING 4 MONTHLY PERFORMANCE REPORT (Report 22).

On a motion from Councillor Paul Crossley, seconded by Councillor Francine Haeberling, it was

RESOLVED to note the report.

186 EXCLUSION OF THE PUBLIC

On a motion from Councillor Paul Crossley, seconded by Councillor Francine Haeberling, it was

RESOLVED that, in accordance with the provisions of Section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business because of the likely disclosure of exempt information as defined in paragraph 7 of Part 1 of Schedule 12A of the Act.

187 DEVELOPMENT OPPORTUNITIES IN KEYNSHAM - ISSUES REPORT (Report 24).

On a motion from Councillor Colin Darracott, seconded by Councillor Francine Haeberling it was

RESOLVED that approval was given to proceed with the preparation of a viability study and business case in respect of a proposed Keynsham town centre redevelopment scheme led by the further education sector, in partnership with the Council.