Meeting documents

1 SUMMARY

1.1 The continuance of the current situation with the provision of thirty seven public conveniences of low quality, with limited facilities and restricted hours is unsustainable and indefensible. Clearly action is needed to break into this cycle of decline and set out on a course which leads to much higher standards in fewer locations. The opportunity should also be taken to revisit the locations of future facilities as needs may well have changed with time.

1.2. A three phase approach is suggested leading to an implementation plan using Council and Private Sector investment (through S106 requirements) to achieve, over a period of time, a standard and provision of service which matches the quality of other Council Services and Customer expectations.

2 RECOMMENDATIONS

That the Executive Member: -

2.1 Approves the three phase approach to improvements.

2.2 Approves the overall strategy to ensure that new facilities should, unless exceptionally justified, be either fully automated, attended or `in-store' (i.e Toilets provided within retail or other facilities that are required by virtue of planning condition to be made available for public use).

2.3 Approves the first phase of the action in Appendix A.

2.4 Approves the locations (Shaftesbury Road and Charlotte St Car Park Entrance) of the two new fully automated facilities to be developed in 2004/05.

3 INTRODUCTION

3.1. The proposed Aim for Public Convenience provision in Bath & North East Somerset is to:- "ensure a high quality service is provided where a critical mass of people require access to such facilities. The facilities, where provided, must enhance the experience of shoppers or visitors, be safe and welcoming and be available throughout the day for all users."

This will mean in practice far fewer facilities of much higher standards either fully automated, attended facilities or `in store' provision through S106 Planning Conditions. Fewer facilities will demand improved signage in the locality. The pursuit of the above Aim over a period of years will "make the area a better place to live, work and visit."

3.2. The current situation is a long way from the above Aim, and is captured by the recent Audit Commission report which noted "Widespread poor standards of cleanliness and maintenance, and an absence of proper facilities."

3.3. Action is needed to build the foundations for a phased improvement where provision matches established need at a sustainable and affordable cost.

3.4. The first phase proposed to remove those facilities identified through the closure appraisal detailed in Appendix A and/or the criteria for closure set by the Planning, Transportation & Environment Committee resolution in Appendix B.

3.5. The second phase involves the installation of two new fully automated facilities in key urban locations (2003/04).

3.6. The third phase will involve the evaluation in use of the new automatic facilities, and will include the identification of a site for the third fully automated facility to receive PSA funding, and also the analysis of future need and location for further new facilities (attended/automated/in-store). These future facilities may or may not be located in existing positions. This will lead to a costed programme which can be considered for implementation over a longer period taking into account the deteriorating condition and unsustainable maintenance cost of existing facilities. The longer the period however the more likely additional existing facilities have to be withdrawn due to their deteriorating condition and unsustainable maintenance costs.

4 RESOURCES & CORPORATE POLICY IMPLICATIONS

4.1 Financial: The Council's base budgets have no provision for the improvement or upgrading of existing and new facilities. Repair and maintenance is only undertaken where the health and safety of public convenience users is undermined and outturn budget for the current year is estimated to be £50,000. The operational revenue budget for the providing our present public convenience service is £455,000.

4.2 The Council's budget for 2003/2004 requires a significant reduction in annual running costs of public conveniences. Funding is therefore not available for the satisfactory provision for Public Conveniences at the existing 37 sites.

The Phase 1, November 1^st closures will result in a budget saving of £63,000 in the 2003/2004 budget.

Phase 1 impact of closures on 2004/2005 revenue budget will generate a saving of £151,000 year-on-year.

Phase 2 implementation (full-year net revenue funding for 2 APCs) budget increase is £24,000.

Phase 3 implementation (full-year net revenue funding for 1 APC) budget increase is £12,000.

The proposals contained in this report will achieve the required budget savings and provide for the additional revenue costs for the three planned fully automated Public Conveniences.

Phase 3 implementation of evaluation of APCs, analysis of future need and location for further new facilities to be costed and presented to the Executive when complete.

4.3 The Council has been able to secure Government Capital funding to develop three new fully automated facilities and a further one through the partnership with the Town Council to replace an existing facility with a fully automated replacement in Midsomer Norton.

4.4 Staffing: The Head of Direct Services considers that staff reductions can be managed through redeployment and natural wastage and that therefore it is unlikely that any redundancy costs will be incurred.

4.5 Equalities: Any new toilet facilities provided by the Council will provide access for disabled users as well as for vulnerable users such as the elderly and parents with small children.

4.6 Economic: The provision of a high quality public convenience service has a positive impact on the local economy in providing facilities for tourists and local residents. High quality, secure, out-of-hours toilet facilities are becoming increasingly necessary to meet the demands of people using city and town centres for leisure and evening employment.

4.7 Environment: Closure of poor quality, underused and persistently vandalised public conveniences may be seen as providing a positive impact on the environment. Whilst many consider having a public convenience of poor standard is better than no facility at all, good quality, secure and well presented public conveniences enhance the environment in which they are located as well as creating a positive impact on visitors.

4.8 Council Wide Impacts: This report proposes a 3 Phase plan for the provision of a higher quality standard of public convenience facilities Council wide. It addresses the views of the Audit Commission Inspection Service that recommends that the Council should supplement its provision strategy with a funded closure/replacement/refurbishment plan with clear timescales. Support for a joint working partnership with the Norton Radstock Town Council to improve the public convenience services in Midsomer Norton town centre has already been established. The Town Council has allocated funding to supplement Bath & North East Somerset's budget commitment to this venture. Keynsham Town Council has indicated also its preparedness to enter into a joint working partnership with the Council to improve the public convenience service in Keynsham. Some proposed closures would be in the Council's public parks and open spaces, and any re-provision at these locations would be part of the review process.

5. LEGAL FRAMEWORK AND BACKGROUND

5.1 There is no statutory regulation requiring the Council to provide a public convenience service.

5.2. The provision of public conveniences in local authorities is defined in the Public Health Act 1936. The Act states that a local authority may provide sanitary conveniences in proper and convenient situations. The Local Government Act 1972 enabled any local authority including county, parish or community council to provide public conveniences. The Disabled Persons Act 1981 requires also that where a local authority provides a new public convenience, it is obliged to ensure that it includes facilities for the disabled in accordance with BSI Codes of Practice.

6.1. The retention of poor quality, underused and persistently vandalised public conveniences does not provide a good service for residents or visitors and creates a negative impression. A potential health risk exists to users and attendants.

6.2. The Island at Midsomer Norton will be the first toilet to be replaced with an Automatic Public Convenience (APC). It is expected to be open in late 2003. Bath & North East Somerset and Norton Radstock Town Councils signed a joint working agreement in April 2003 to improve the public convenience service in Midsomer Norton. This agreement set out also the joint funding commitment of both Council's Norton Radstock Town Council is contributing £6,000 capital funding towards the installation of the APC, and £6,000 revenue funding per annum towards the 15 years lease and maintenance contract.

6.3. The Council has identified improvements that can be made to the public convenience service under a Local Public Service Agreement (PSA); £81,000 capital funding to provide 3 automatic public conveniences was approved and secured in August 2003. Two sites have been selected where these units could be installed. Charlotte Street (Main Road) and Shaftesbury Road in Bath both presently have a high critical mass of people requiring access to these facilities. Currently they provide a poor standard of service, poor access exists for all users and no toilet facilities are provided for disabled persons. Installing an automatic public convenience (APC) at both these sites will provide an immediate and greatly improved service. The Ward Councillors for these areas and the planning authority will be consulted on these proposed re-placements. Proposals will be put forward to the Executive and consultation will be undertaken to identify the location of the third PSA funded facility which in accordance with the PSA terms, has to be installed before April 2006.

6.4. The Disability Discrimination Act 1995 requires service providers to ensure that `reasonable adjustments to the physical features of their premises to overcome physical barriers to access' are implemented from 2004. An access audit of public buildings is being undertaken presently by the Property Services section, this audit will examine also public conveniences. If it is found that buildings, outside the list of closures detailed in Appendix A, fail to meet BSI Codes of Practice for disabled users, funding from the Property Services' Risk Assessment/Works Re-Disabled Access capital budget will have to be allocated to make the necessary access improvements and prevent closure.

7. FRAMEWORK FOR A 3 PHASE CLOSURE/REFURBISHMENT/REPLACEMENT PLAN

7.1. Within the framework of a three phase plan, 16 of the current 37 public conveniences will be closed in this current financial year - see Appendix A. .

7.2. A key element in the three phase plan is the introduction of Automatic Public Conveniences. These units will be incorporated at selected sites and are believed to have many advantages over traditional public conveniences, namely:-

· The unique complete flush system washes away and discards any potential health hazards such as needles or sharps.

· Maintenance of a smaller space is easier and cheaper, therefore a higher standard of cleanliness can be achieved.

· The toilets are monitored by computer and are less likely to be targeted by vandals.

· The toilets will bring in an income per use that will be off set against running costs

· The toilets are safe to use 24 hours a day

· The toilets will provide the latest facilities for disabled people, including signs in Braille, along with safe and clean areas for baby changing.

7.3. Summary of the three phase plan

· Phase 1: Close public conveniences listed in Appendix A. Demolish the existing public convenience at The Island, Midsomer Norton and install an APC.

· Phase 2: Install 2 Automatic facilities and commence planning for Phase 3.

· Phase 3 Evaluate operational experience of new automatic facilities, and install 1 further Automatic facility with PSA funding. Analysis of future pattern of need, develop costed plan to implement.

7. OTHER OPTION FOR CONSIDERATION

Status quo:

Acceptance of this alternative will mean taking a different view to the Audit Commission Inspection Service report quoted in Paragraph 4.8.

Failure to close the public conveniences listed in Appendix A will continue to have a very negative environmental impact on people seeking to use the facilities as users have a reasonable expectation that good services are provided by the Authority.

An additional estimated £240,000 capital investment will be required to undertake essential refurbishment of the existing buildings.

9 CLOSURES

9.1. In applying the criteria for closure approved by Councillors in Appendix B, together with the criteria set out in Appendix A, and the budgetary constraints detailed in 4.1, a list of closures was determined.

9.2. Full consideration of the Council's Disability Equality Policy and the Council's Access Policy dictated that additional criteria are included in the assessment of facilities, to assess whether current facilities are fully accessible to disabled persons.

10 IMPACT OF THREE PHASE PLAN ON DIRECT SERVICES

Public Cleansing Services' contracts are undertaken by Direct Services. Within these contracts, Direct Services is responsible for cleaning the 37 public conveniences Council wide; site closures and replacement/installation of automatic toilets will have a direct effect on resources required to clean and monitor fewer sites. The Head of Direct Services considers that staff reductions can be managed through redeployment and natural wastage and that therefore it is unlikely that any redundancy costs will be incurred.

11 STRATEGY FOR PROVISION

11.1 Existing strategy approved by Planning, Transportation & Environment Committee in November 2001

12 IMPLEMENTATION OF THE CLOSURE / REPLACEMENT/REFURBISHMENT 3 PHASE PLAN

12.1 Improvements in standards can be achieved only in a structured and controlled manner. Closures, refurbishments and replacements can take place within a set timescale if a firm commitment is set to implement the funded changes.

12.2 Reports submitted to the Planning Transportation & Environment Committee on previous occasions have identified public conveniences for closure. Site closures have been approved where the condition of the site has deteriorated to such an extent that the health and safety of users is undermined. Whilst four sites have been closed since 1998, further closures have been deferred despite evidence of there being under-usage, high numbers of incidents of costly repair and maintenance being incurred. The Council has received no complaints as a result of these closures.

13 CONSULTATION

13.1 Comments of the Head of Direct Services have been received and these have been included in this report.

13.2 The report was sent to Trade Unions for comment on 16^th September 2003: any comments received will be presented to Committee on 1^st October 2003.

APPENDIX A

The Sites selected for closure on 1^st November 2003 are: -