Meeting documents

Cabinet
Wednesday, 7th March, 2007

BATH AND NORTH EAST SOMERSET COUNCIL

COUNCIL EXECUTIVE

Wednesday 7th March 2007

PRESENT -:

Councillor Paul Crossley - Leader

Councillor Francine Haeberling - Social Services

Councillor Sir Elgar Jenkins OBE - Transport and Highways

Councillor Jonathan Gay - Children's Services

Councillor Gerry Curran - Sustainability and the Environment

Councillor Malcolm Hanney - Resources

Councillor Vic Pritchard - Community Safety, Housing & Consumer Services

130 WELCOME AND INTRODUCTIONS

The Chair was taken by Councillor Paul Crossley, Leader of the Council.

The Chair welcomed everyone to the meeting.

131 EMERGENCY EVACUATION PROCEDURE

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

132 APOLOGIES FOR ABSENCE

Apologies had been received from Councillors Nicole O'Flaherty and Colin Darracott.

133 DECLARATIONS OF INTEREST

Councillor Malcolm Hanney declared a personal and non-prejudicial interest relating to Agenda Item 15, as Chair of the Primary Care Trust, because of the mention in the report of certain aspects of health expenditure.

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

There was none.

135 QUESTIONS FROM PUBLIC AND COUNCILLORS

There were 7 questions from the following people: Chris Beezley, Ian Thorn (2), Peter Marsden, Councillor Gitte Dawson (3)

[Copies of the questions and responses, including supplementary questions and responses if any, have been placed on the Minute book as Appendix 1 and are available on the Council's website.]

136 STATEMENTS, DEPUTATIONS OR PETITIONS FROM PUBLIC AND COUNCILLORS

Frank Tompson of the "Two Tunnels Group" made a statement about the Two Tunnels project, Greenway (a copy of which is attached to the Minutes as Appendix 2), in which he described the project and its proposed benefits to walkers and cyclists, both for commuting and leisure.

Councillor Paul Crossley asked Mr Tompson for an indication of the timescales for the project.

Mr Tompson said that the indications were that in the longer term the timescales were from 01-Jan-08 for 5 years but that the group would have preferred 3 years.

Councillor Sir Elgar Jenkins OBE asked whether the group had taken into consideration that planning permissions must be agreed and whether the group had begun fund raising for the project.

Mr Tompson said that planning applications had been submitted and fund raising had already started.

Councillor Gitte Dawson said that she wished to thank Councillors Sir Elgar Jenkins OBE and Paul Crossley for their expressions of support for the project. She hoped that Sustrans would fund £1.2m, and that of the remaining £0.8m the Council would have to find only half over several years as there were other funding sources that could be approached for a share. She said the project was speculative as it depended on winning a Big Lottery award but that the proposals were very attractive and must have great support particularly since the route would link to National Cycle Route 24 which would provide a route all the way to Midsomer Norton.

Councillor Jonathan Gay asked whether there would be safety issues because of the lengths of the two tunnels.

Councillor GD agreed that safety issues had been considered. The tunnels would be lit and similar tunnels were operating successfully and safely.

137 MINUTES: WEDNESDAY 7TH FEBRUARY 2007

On a motion from Councillor Paul Crossley, seconded by Councillor Malcolm Hanney subject to two minor amendments at the foot of page 81 and the top of page 82, it was

RESOLVED that the minutes of the meeting held on Wednesday 7th February 2007 be confirmed as a correct record and signed by the Chair(person)

On a motion from Councillor Paul Crossley, seconded by Councillor Sir Elgar Jenkins OBE, it was

RESOLVED that the exempt minutes of the meeting held on Wednesday 7th February 2007 be confirmed as a correct record and signed by the Chair(person)

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

There were none.

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

There were none.

140 LOCAL DEVELOPMENT SCHEME APRIL 2007 TO APRIL 2010 (Report 11).

Councillor David Bellotti made an ad hoc statement in which he referred to the absence of an affordable housing Supplementary Planning Document (SPD). He also felt that the Council should apply to include 2-storey houses into the registration scheme since there were noise, waste and economic issues around houses of multiple occupancy which should be addressed.

Councillor Gitte Dawson made an ad hoc statement in which she welcomed the new planning initiatives, especially the extra protection afforded to unlisted buildings. She felt that the council should press developers to build more sustainably and regretted that this was not yet included in the Council's planning policies.

Councillor Gerry Curran, in proposing the item, pointed out that the Overview and Scrutiny Panel had conducted a review of Climate Change and said that he would be responding in the near future. He felt that this would address many sustainability issues.

Councillor Sir Elgar Jenkins OBE seconded the proposal.

Councillor Malcolm Hanney said that he would welcome officers' comments to the issues raised by Councillors Bellotti and Dawson.

The Chair invited Vaughan Thompson (Strategic Manager - Planning Services) to respond to the questions raised.

The Strategic Manager - Planning Services explained that the Local Development Scheme (LDS) would be the launch into the next 3 years of policy development and that issues of affordable housing, student accommodation and sustainable development could be addressed in future SPDs. While there were at present no plans to develop a sustainable housing SPD, this was because the Council would have been criticised had the proposals been more than could have realistically been delivered within the available resources. It was anticipated that other SPDs would be added in the future when resources allowed.

Councillor Paul Crossley asked how this might happen.

The Strategic Manager - Planning Services said that the basis for creating additional SPDs would be there once the LDS had been adopted.

Councillor Malcolm Hanney said that the Executive must be clear about what was being asked. The issues being raised would require another report, for future consideration.

Councillor Francine Haeberling agreed and said that the Executive should address the current proposals which would lay the foundation for future proposals.

Councillor Vic Pritchard said that Councillor Bellotti's ideas, including the point about 2-storey houses, would best be met by means of a delivery plan based on existing policy.

Councillor Paul Crossley pointed out that houses of multiple occupancy were not only student accommodation - many were occupied by more than one family as a result of poverty.

Councillor Gerry Curran, in summing up, said that there had been some discussion about how members could be involved in planning policy after the local elections in May and the issues discussed today could be raised then. He reminded Executive members of the need to agree the tabled proposals as the basis for the future. He offered to meet with Councillors Bellotti and Dawson to discuss their points.

Rationale

The first Bath & North East Somerset Local Development Scheme (LDS) was approved by Council in February 2005 and revised in November 2005. A more fundamental review is now required to enable the Council to engage fully with the emerging Regional Spatial Strategy (RSS) growth proposals. The LDS review is needed to meet regulatory requirements.

Other Options Considered

The preparation and maintenance of an up-to-date Local Development Scheme is a statutory requirement of the Planning and Compulsory Purchase Act 2004. The Act and Planning Policy Statement 12 "Local Development Frameworks" provide clear guidance on the form and content of the LDS. Failure to maintain an up-to-date Local Development Scheme would contravene the Act, may result in the Secretary of State directing the Council to produce an LDS and would result in the failure to meet Best Value Performance Indicators 200a and 200b.

On a motion from Councillor Gerry Curran, seconded by Councillor Sir Elgar Jenkins OBE, it was

RESOLVED (unamimously)

(1) To agree the revised Local Development Scheme for submission to the Government Office for the South West;

(2) That the revised Local Development Scheme comes into effect on 11th April 2007; and

(3) To delegate authority to the Assistant Director for Planning & Transport Development, in conjunction with the Council Executive Member for Sustainability & the Environment, to make minor consequential and editorial amendments to the Local Development Scheme.

141 GREATER BRISTOL BUS NETWORK (Report 12).

Councillor Sir Elgar Jenkins OBE, proposed the item by saying that the great problem of the next 10 years would be tackling congestion not only in the cities. The government had made over £40m available for bids and the proposed scheme would improve bus links between the major towns of the area which so many people need to get to work. The plan must be delivered, despite the risks involved.

Councillor Paul Crossley seconded the proposal and said that he felt that buses were the only viable way to reduce car use. The proposals would link all the Council's communities including improved links with Bristol.

Councillor Malcolm Hanney reminded the Executive that this was another project which required the Council to work with other neighbouring authorities. There was a need for an effective vehicle for delivery of the project. If the governance and project management was done effectively, the risks would be minimised.

Councillor Hanney proposed an amendment to the proposal which would ensure the monitoring of project management and governance arrangements.

Councillor Sir Elgar Jenkins OBE summed up by pointing out the substantial government investment to improve congestion.

Rationale

The Greater Bristol Bus Network supports the Councils corporate priorities. Not accepting the recommendations would have a detrimental affect our work with other Unitary Authorities and our future aspirations for future major transport schemes including the Bath Package. The burden of complying with Disability Discrimination Act legislation and the provision of transport infrastructure would fall on the Council.

Other Options Considered

The implications of not making the bid for full approval to the Department for Transport would be significant in terms of our work with the other Joint Local Transport Plan partners and our aspirations for further major transport investment.

On a motion from Councillor Sir Elgar Jenkins OBE, seconded by Councillor Paul Crossley, it was

RESOLVED (unamimously)

(1) That the Greater Bristol Bus Network Major Scheme be submitted to the Department for Transport for Full Approval;

(2) That the project management approach for the scheme as summarised in the report be noted and incorporated into the legal agreement;

(3) That the Council enters into a Legal Agreement with the North Somerset, Bristol City and South Gloucestershire Councils and the funding department which defines the roles and responsibilities of all signatories;

(4) That the Council enters into a Memorandum of Understanding with First Group and the other Councils referred to, including entering into a Statutory Quality Bus Partnership and a Quality Bus Agreement as appropriate;

(5) That the Council accepts in principle the need to fund the additional £219k from future LTP settlements to meet its share of the increased scheme cost outlined in the report;

(6) That to meet the future maintenance requirements of the project, which are yet to be quantified in detail, and which in turn will need to be negotiated with the Department for Transport, an appropriate provision will subsequently be included within future Service Plans; and

(7) That the project management and governance arrangements at Council and at West of England partnership levels are reported and considered at Project Programme Board with their views reported to subsequent Executive meetings.

[Resolution (7) above was proposed by Councillor Malcolm Hanney and accepted by the mover and seconder of the motion.]

142 BATH & NORTH EAST SOMERSET GREEN SPACE STRATEGY (Report 13).

Helen Woodley of the Allotments Association made a statement (a copy of which is attached to the Minutes as Appendix 3) in which she appealed to the Executive to increase the allocation of allotment space from the proposed 2.5m2 per head of population to 7.5m2 following street surveys conducted by the Association.

There were no factual questions from Executive members.

Councillor Caroline Roberts made an ad hoc statement in which she asked whether the river paths in her ward were designated as green space. She said that she received many letters from constituents asking about the care of trees and river paths and she hoped that the Executive would consider increasing the number of trees on the roadside. Many local sites could be improved by appointing a "friends" group of local residents to care for the site.

Councillor Gitte Dawson felt that the Green Space Team should be consulted on all planning applications before any decision was taken.

The Chair invited Matthew Smith (Assistant Director - Environmental Services) to respond to the questions raised.

The Assistant Director - Environmental Services said that river paths were not currently included as defined green space. He said that parks managers had always worked closely with the Allotments Association and had found the group's input valuable. The issue of latent demand had not been fully addressed but he reminded the Executive that it was necessary to be able to defend the Council's proposals if challenged by developers and while the proposed figure could be defended, the one quoted by the Allotments Association was based on evidence which could not be easily defended. He agreed that in the past some trees lost by the roadside had not been replaced but that all lost trees are now replaced as a matter of course. He confirmed that the suggestion by Councillor Dawson to ensure that all planning applications are considered in advance by a parks officer was already being put in place.

Councillor Paul Crossley, in proposing the item, paid tribute to over 2 years of hard work by the Assistant Director - Environmental Services and his officers. The strategy would provide a means to improve and safeguard essential green space.

Councillor Jonathan Gay seconded the proposal.

Rationale

The Council needs a framework for assessing the adequacy of green space provision, to ensure that equal access exists across the District. In addition, Planning Policy Guidance Note 17 places a requirement on Local Planning Authorities to undertake a robust assessment of green space and to develop local standards of provision, in order to justify requirements placed on developers. Without the strategy and its local standards there would be no framework to ensure equal access to green space and the Council could be challenged by a developer if he felt that any requirements placed on him were unfair.

Other Options Considered

Given the need to develop the Green Space Strategy as outlined above, no other options were considered appropriate.

During the process of developing the Strategy options have been considered on a wide range of issues e.g. determining land typologies and setting provision standards. These options have derived from guidance, observation and feedback from consultation. In these circumstances all options have been considered before a decision has been made.

On a motion from Councillor Paul Crossley, seconded by Councillor Jonathan Gay, it was

RESOLVED (unamimously)

(1) To adopt the Green Space Strategy as a corporate strategy and to approve the action plan included as Section 12 of the Strategy.

143 SUBMISSION STATEMENT OF COMMUNITY INVOLVEMENT (Report 14).

Councillor Gerry Curran, introduced the item and proposed the recommendations

Councillor Sir Elgar Jenkins OBE seconded the proposal and said that it was vital for members of the public to know how to become involved with the Council.

Councillor Francine Haeberling supported the proposals and pointed out the irony of the fact that when the Regional Spatial Strategy would be discussed in public in the near future by the Regional Assembly, District and Parish Councillors would be prevented from addressing the Assembly.

Councillor Malcolm Hanney emphasised the importance of ensuring the involvement of Parish Councillors in consultation.

Councillor Vic Pritchard agreed, saying that Parishes are often unable to respond at short notice.

Councillor Paul Crossley said that people who contribute to consultation should be informed of the outcome of the consultation and that to reduce postage costs, this could be done by email.

Councillor Sir Elgar Jenkins OBE pointed out that there had been an improved response from Parishes in recent months, which should be built on.

In summing up, Councillor Gerry Curran said that the 6-week consultation period was statutory. He emphasised that Parishes had been consulted about these proposals and their contribution was important. He agreed with the points made about the inadequate arrangements for contributions at the regional Spatial Strategy Hearing in Public but emphasised that this was a Regional Assembly issue and was not within the control of the Council.

Rationale

It is a requirement under Planning and Compulsory Purchase Act 2004 for the Council to produce a Statement of Community Involvement and submit the final version to the Secretary of State in parallel with a period of public consultation on the Submission Draft document.

Other Options Considered

None.

On a motion from Councillor Gerry Curran, seconded by Councillor Sir Elgar Jenkins OBE, it was

RESOLVED (unamimously)

(1) To recommend to Council that the Submission Statement of Community Involvement be approved for submission to the Secretary of State and for a six week period of statutory public consultation; and

(2) To delegate to the Assistant Director Planning and Transport Development in conjunction with Council Executive Member for Sustainability and the Environment the authority to make minor editorial, formatting and presentation changes to the document prior to being submitted to the Secretary of State and published for public consultation.

144 REVENUE AND CAPITAL BUDGET MONITORING, CASH LIMITS AND VIREMENTS - 2006/07 QUARTER 3 (Report 15).

Councillor David Bellotti made an ad hoc statement in which he said that the Council was "bailing out" some portfolios at the expense of others which had not overspent. He said that reporting of virements should be more prompt.

Councillor Malcolm Hanney responded by saying that there had been proper controls in place but that inevitably some very large budgets sometimes overspend. Much of the Transportation overspend was unforeseen because of the drop in parking revenue and the imposition by government of additional unfounded responsibilities. Social Services had greatly improved their position, as had Tourism, Leisure and Culture. He agreed that virements should be announced as promptly as possible in order that members are kept fully informed. In moving the proposals, he said that Government had recently announced a £1.1m award towards last year's budget, which had taken the Council from a deficit position last year into an unexpected surplus position but that the government had prevented the Council from taking this into account when setting this year's budget.

Councillor Paul Crossley in seconding the proposal wished to emphasise that unlike private business, the Council had the additional responsibility of reporting all its affairs to the public. This inevitably added pressures to the timescales for publication of information.

Councillor Francine Haeberling reminded Councillor Bellotti of the positive impact on the Social Services budget of the sale of some Elderly Persons Homes. She reminded the Executive that the increasing age of the population was a constant pressure on Social services budgets which was not fully funded by government.

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 Paul Crossley, it was

RESOLVED (unamimously)

(1) That Directors will 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 budget control;

(2) To note this year's revenue budget position as highlighted in the reprot;

(3) To note the capital expenditure position for the Council in the financial year to the end of December and the year end projections detailed in the report;

(4) To approve the 2006/07 virements and to note the changes in the capital programme; and

(5) To approve the 2007/08 virements.

145 MARKET TEST OF WASTE SERVICES (Report 16).

The Chair drew the attention of the Executive to the Public Interest Test attached as Appendix C(i) of the papers (a copy of which is attached to the Minutes as Appendix 4) which related to the exempt nature of the content of Appendix C of the papers. He asked the Council Executive to confirm that they had all read and considered the document. All agreed.

The Chair then proposed that Appendix C of the papers was exempt for the reasons stated in the Public Interest Test. This was seconded by Councillor Gerry Curran and agreed unanimously.

Councillor Gerry Curran, in proposing the main recommendations, said he was pleased to report that the Council was improving its rate of recycling and was working effectively with neighbouring authorities to deal with cross-border issues.

Councillor Jonathan Gay seconded the proposal and expressed satisfaction that it had been recognised that the in-house provision offered better value than could be provided by a contract with a service provider. He said that this demonstrated a confidence in the Council's own staff.

Councillor Paul Crossley agreed and emphasised that the in-house option had been chosen because the Council was obliged to deliver best value. He asked whether the period of 10-14 years quoted in section 1 of the report was too long.

The Chair invited the Assistant Director - Environmental Services to respond to the question.

The Assistant Director - Environmental Services said that the figure of 10-14 years related only to the proposed contract with an external provider but did not relate to the selection of in-house provision. The Council would not therefore be prevented from reconsidering this issue in the future if required.

Councillor Gerry Curran thanked the front-line work force for the excellent service they provide to the residents of every home in the authority.

Rationale

The market test documentation specified that services will only be externalised if there are sound financial and/or operational benefits. The evaluation of the tenders indicated that there was no best value gain from externalising the services offered within Lot 1 and Lot 2.

It is however recognised that for the green box recycling service it may be beneficial to have a specialist recycling team to carry out this part of the works and it may therefore be prudent to appoint a contract partner through a procurement process for the collection, sorting and selling or recyclables.

Other Options Considered

As part of the tender evaluation process the option of externalising these services to a private contractor was considered but rejected as this showed no margin of best value gain.

On a motion from Councillor Paul Crossley, seconded by Councillor Gerry Curran, it was

RESOLVED (unamimously)

(1) That Appendix C Results of Tenders Received constitutes exempt information according to the categories set out in the Local government Act 1972 (amended Schedule 12A) because it contains information relating to the financial or business affairs of a particular person (including the authority holding that information), and therefore that the public interest is best served by exemption of the information;

On a motion from Councillor Gerry Curran, seconded by Councillor Jonathan Gay, it was

RESOLVED (unamimously)

(2) That the Council does not award contracts for waste services (Lot 1 and Lot 2) and that these services will be provided in-house; and

(3) That the collection, bulking and selling of recycled materials will be put through a further procurement process to ensure best value.

The meeting ended at 11.40am

Chair(person)

Date Confirmed and Signed

Prepared by Democratic Services