Meeting documents

Councillor Crossley welcomed everyone and explained the administrative arrangements for how the meeting would be conducted.

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

There were no declarations of interest made.

There were no items of urgent business.

The following people had given the appropriate notice of their request to ask a question of an Executive Councillor. The text of the questions and responses are contained in a Q&A document which is attached to the minutes electronically, once finalised.

Councillor Marie Brewer submitted a question (read by Councillor Chris Watt) regarding kerbs in Keynsham. Councillor Sir Elgar Jenkins responded.

Councillor Chris Watt made a statement regarding the Midsomer Norton Farmer's market. Councillor Colin Darracott thanked Councillor Watt for his statement. (A copy of this statement has been placed in the Minute book.]

On a motion from Councillor O'Flaherty, seconded by Councillor Todd, it was

RESOLVED that the minutes of the meeting held on Wednesday 5th March 2003 be confirmed as a correct record and signed by the Chair(person).

There were no such items.

Councillor Crossley introduced this report which considered the management of Executive business and their administrative arrangements. Councillor Crossley explained, in relation to the Policy Advisory Groups (section 5 of the report), that the name of these bodies was under review and would be resolved at Council.

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

RESOLVED

(1) That the dates and times of meetings be agreed;

(2) That the Council Executive will continue the rotation of venues between Bath, Keynsham and Midsomer Norton, with every other meeting being held in Bath;

(3) That the Council Executive notes that the Council on 17^th July will determine a procedural rule to govern the process of single Executive Member requisition to the Council Executive;

(4) That the Council Executive notes that the Council on 17th July will determine a procedural rule to govern the arrangements for Policy Advisory Groups, established at Council on 19th June 2003 (as set out in paragraph 5.1) and considers how it wishes such bodies to operate;

(5) That, with regard to the existing sub-structure of Executive Advisory Bodies (as set out in Appendix 1), the Council Executive confirms the three whole Executive Advisory Bodies (Equal Rights Advisory Group, Trades Union Consultative/Advisory Body, Student Liaison Committee) and refers the other bodies to individual Executive Councillors;

(6) That the Council Executive notes its Terms of Reference (as set out in Appendix 2).

Councillor Jonathan Gay introduced a report which presented the School Organisation Plan 2003-2008.

Councillor Dawson said that a comment she had submitted as part of the consultation regarding difficulties for children in the vicinity of strategic rural schools, arising from the sibling rule, had not been referred to within the Plan. The Director of Education acknowledged it was an important issue, but the correct place for its consideration was at the Admissions Forum, to which it had been referred.

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

RESOLVED

(1) That the Executive notes the draft Plan, and refers it to Council; and

(2) To arrange for the formation of the Council Group, comprising an uneven number of members up to a maximum of seven, in sufficient time for the SOC meeting on 22 July.

The Executive considered a report recommending the closure of Lime Grove school, Royal United Hospital school and Summerfield school to be replaced by a new special school.

There was widespread support for the manner in which this sensitive issue had been handled and congratulations given to the staff, Headteachers, Governors and pupils for their role in this.

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

RESOLVED

(1) To approve the closure of Lime Grove School, Royal United Hospital School and Summerfield School and approve the establishment of a new school in line with the proposals published on 9 April.

The Executive noted the apologies from Dave Dixon, Convenor of the Resources and Customer Services Overview and Scrutiny Panel, which had considered this issue on 3^rd July, who would not be present to deliver the Panel's findings. A record of the Panel's views had been circulated at the meeting.

A statement was made by Joy Davis, UNISON, on behalf of all 17 unions. Joy commended their written statement to the meeting and urged the Executive not to proceed with this project.

Councillor Crossley thanked all the speakers from the Trades Unions for their comments, and the Overview and Scrutiny Panel for their contribution over the two years from the Project's inception. Councillor Crossley explained his reasons for having confidence in the project, although expressed the Executives concern about the issue of staff confidence and hoped that further work could be done in this area, as goodwill on both sides would be critical to success. He also added that the Office of the Deputy Prime Minister would be following the progress of this project as an example of good partnership working.

Councillor Crossley expressed his gratitude to David Trethewey and the Project team. This was echoed by other Executive Members.

Councillor Darracott explained that he would be abstaining, not due to indifference, but because he had not yet had a chance to address various queries he had raised.

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

RESOLVED

(1) That the Resources Director, in consultation with the Leader of the Council, be authorised to complete the Partnership agreement with the Preferred Partner and make the final agreement on the outstanding issues detailed in section 11 of the report;

(2) The Executive agree category A projects and category B projects (subject to budget) for delivery and that category C projects go forward to the Partnership Board for consideration using the procedure outlined in section 7 of the report;

(3) The Executive agree to the Partnership Board terms of reference as detailed in section 5.6 of the report and that the Chief Executive be authorised, in consultation with the Council leader, to make appointments to the Partnership Board; and

(4) The Solicitor to the Council and the Corporate and Community Law Team Manager be authorised to execute all documentation necessary for the completion and implementation of the contract, subject to successful conclusion of the outstanding issues at paragraph 2.1 and section 11 of the report.

Councillor Todd introduced this report and gave her congratulations to Abigail Harrap and colleagues for producing an inspiring document which would help the Council to realise the Community Strategy, also on this agenda. Councillor Todd hoped the commitment to this would be reflected in the Financial Plan.

Councillors O'Flaherty and Crossley added their support.

On a motion from Councillor Todd, seconded by Councillor O'Flaherty, it was

RESOLVED

(1) That the City of Bath World Heritage Site Management Plan is adopted, approved for publication and that officers are instructed to send the document to the Department for Culture, Media and Sport for their approval prior to publication; and

(2) Authority is granted to the Head of Planning Services, in consultation with the Executive member for Sustainability and the Environment, to make such minor amendments to the text as is necessary during the course of document design and preparation for publication.

The Chief Executive offered apologies for an error in the original drafting of the recommendation and explained that the delegated authority for agreeing further amendments needed to be given to the Head of Planning Services, in consultation with the Portfolio holder.

Councillor Todd introduced the item and explained that a comprehensive approach was key to this. Councillor Darracott added his support to this and thanked the Planning department for their comprehensive consultation process.

On a motion from Councillor Todd, seconded by Councillor Darracott, it was

RESOLVED

(1) To recommend to Full Council that the Supplementary Planning Guidance for Western Riverside is approved as Supplementary Planning Guidance to Policy GDS1 of the Bath and North East Somerset (Deposit Draft) Local Plan;

(2) To recommend to Full Council that the changes to the Bath and North East Somerset (Deposit Draft) Local Plan as set out in Appendix 4 of the report are agreed, and that any necessary consequential changes to the responses to representations on the Local Plan approved by Council in March 2003, be made;

(3) To recommend to Full Council that delegated authority is given to the Head of Planning Services, in consultation with the Executive Portfolio holder for Sustainability and the Environment, to agree further minor amendments to the Western Riverside Supplementary Planning Guidance as directed by Council or to improve drafting or clarity.

Councillor Crossley reminded Members of the statements made earlier in the meeting on this item.

Councillor Cray made a comment about the volume of the documents for this item and alternative ways of presenting this information.

Councillor Perry hoped that proposals for development on two school playing field sites in her ward would not be going ahead. Councillor Todd later gave her this assurance.

Councillor Fraser made a comment regarding the poor state of St John's Court, Keynsham and asked that this could be addressed. She suggested looking again at employment designation on this site.

Councillor Dawson asked that an index to the documents could be produced. There was widespread agreement that this would be helpful. She also asked that the A36 traffic channel could be considered as a key route into the city. Councillor Dawson also asked for closer integration between this plan and the Local Transport Plan.

Rae Harris asked a question about the Cornmarket and whether there was any designation for this site. The Team Leader, Planning Policy, responded that there were various options and a number of generic policies which could apply.

Councillor Todd thanked everybody who had commented and expressed a view that it was not helpful to make piecemeal revisions. However, all comments would go into the September consultation. Councillor Todd thanked the Overview and Scrutiny Panel for their recommendations and explained that she had added a recommendation to reflect this.

Councillor Sir Elgar Jenkins expressed the hope that the Council would not lose this important part of its work to an unelected regional authority in the future. He also hoped that consideration would be given to how the large increases in student numbers, with the new University at Newton Park, would be managed, particularly with regard to housing.

Councillor Crossley explained that this had been the largest consultation on a Local Plan anywhere in the country. He thanked all the officers for their work. He hoped that an index would be included, and that all Ward Councillors could be made aware of those issues relating to their wards.

Councillor Todd undertook to write, on the Executive's behalf, to everybody who had written to her and then moved, and it was seconded by Councillor Gay and

RESOLVED

(1) To endorse the process that is being followed in the preparation of the Local Plan as contained in the report, and recommend to Council the steps for further publicity of the consultation arrangements as set out in para 4.20 of the report;

(2) To endorse the approach taken on non-duly made representations as set out in Annex 1 of the report and recommend this to Council;

(3) To endorse the responses to representations and proposed changes to the 2002 Deposit Draft Local Plan set out in Annex 3 of the report and recommend these to Council;

(4) To endorse the content of the Revised Deposit Draft Plan as contained in Annexes 4 & 5 of the report and recommend this to Council;

(5) To recommend to Council that the Head of Planning Services, in consultation with the Executive Member for Sustainability and the Environment, be given delegated authority to agree further amendments as set out in paras 5.10-5.11 of the report;

(6) To accept the recommendation of the 19^th June Planning, Transportation, Economy and Sustainability Overview and Scrutiny Panel on Key Issues emerging from the Local Plan Deporit Draft consultations, as set out in paragraph 4.12 of the report; and that with regard to Paper 3, any changes necessary to the Revised Deposit Draft Local Plan referring to the issue of student accommodation be agreed under the delegated arrangements as per resolution (5) above; and

(7) To endorse the use of the Revised Deposit Draft Local Plan for Development Control purposes and recommend this to Council.

The Executive considered a report advising them of the progress being made by the Local Strategic Partnership on the development of the Community Strategy.

Rae Harris informed the meeting that he had attended one of the roadshows and asked a question regarding how `partnerships of place' would be dealt with.

Councillor Crossley explained that he was the current Chair of the Local Strategic Partnership and that it was a recent initiative to produce this Strategy, that would be owned by the community. With regard to Rae Harris' question, he agreed it was an interesting point and one he would be referring to the Board. Councillor Crossley mentioned the advertising that had taken place so far and urged everyone to have a look at the new website www.beintouch.org.uk

Councillor Sir Elgar Jenkins hoped that all Members had been made aware of this and commented that the test would be if real results are produced.

Other Executive Councillors praised the innovative and accessible nature of the material.

Councillor Darracott asked how this Strategy would fit with the Corporate Plan.

Councillor Crossley responded that this Strategy would be a guiding process in shaping the Corporate and Financial Plan and that the Government was very determined to fund initiatives that matched the Community Strategy priorities. Councillor Crossley gave special thanks to Louise Tester and Andy Thomas for their work in producing this.

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

RESOLVED

(1) To note the content of the report;

(2) Support the Community strategy as a framework for consultation with the community of Bath and North East Somerset during July and August 2003; and

(3) Advise Members and Officers to exert their influence on behalf of the Council in the key partnerships of the Local Strategic Partnership, ensuring that they, alongside the respective Portfolio members, provide feedback to the LSP on the proposed content of the Community Strategy.

Councillor Haeberling introduced this report by explaining the crucial corporate parenting role that all Councillors share. She explained that she had asked for an opportunity at Council to highlight this issue.

Councillor Pritchard commented that the Health and Social Services Overview and Scrutiny Panel would have a role in monitoring, and that Executive Members could remind other Members of their groups of their responsibility in this area.

On a motion by Councillor Haeberling, seconded by Councillor Pritchard, it was

RESOLVED

(1) To instruct the Strategic Director, Social and Housing Services to ensure that the Action Plan arising from the audit of practice recommendations is implemented, and that progress is reported to the Executive;

(2) The Council Executive resolves that the Leader of the Council and the Executive Portfolio Holders for Social Services, Lifelong Learning and Resources assume the roles and responsibilities for safeguarding children for their individual areas as detailed in Appendix 2 of the report; and

(3) That all Councillors note their roles and responsibilities in safeguarding children within the context of their general responsibilities as corporate parents.

[Note of annotation; - with regard to resolution (2) above referring to the roles and responsibilities set out in Appendix 2; point 5 `Director of Resources' should also include the Executive Member for Resources, point 6 `Director of Education' should also include the Executive Member for Lifelong Learning, and point 7 `All Directors and Heads of Service' should also include all Executive Councillors.]

Councillor Crossley introduced this report and explained that he was assured that Councillor Hanney, Executive Councillor for Resources, was happy with its content.

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

RESOLVED

(1) To note the 2002/2003 capital out turn;

(2) To approve the incorporation of late additional funding to the 2002/2003 programme as detailed in paragraph 4.1;

(3) To note the financing of the 2002/03 capital programme;

(4) To note the current position of the 2003/2004 capital programme;

(5) To approve the incorporation of additional funding to the 2003/2004 programme as detailed in paragraph 5.1;

(6) To approve the carry forward of resources to 2003/2004;

(7) To approve the Strategic Director, Social and Housing Services' request to write off the net overspend of £60,000 as detailed in paragraph 4.5 of the report; and

(8) To note the current position of available resources

Councillor Crossley introduced this report and explained that he was assured that Councillor Hanney, Executive Councillor for Resources, was happy with its content.

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

RESOLVED

(1) To approve the virements listed in Appendices 1 and 3 of the report.

[Note of revision; - Appendix 3, page 5, LOG 03#15, in the `Transfer to' column, it should read `Social Services - Adult' and not `Children & Families' which was an error.]

The Chief Executive drew the meeting's attention to the revised paragraph 14 of the Eversheds report (Appendix 1) relating to a further flaw in the District Auditor's report. This had been received late the previous evening and copies had been circulated to Members and made available for the public.

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

RESOLVED

(1) To note that the District Auditor has determined an objection to the 1998/9 accounts and has found the Council incurred expenditure which is contrary to law in relation to certain obligations.

(2) To note that the Auditor has decided not to make an application to the Court for a declaration under Section 17 (1) (of the Audit Commission Act 1998).

(3) To note that the District Auditor has also not upheld allegations of wilful misconduct against the three individuals.

(4) To note that the District Auditor has decided not to issue a Public Interest report but will keep the matter under review when considering outstanding objections.

(5) To note the considered opinion of Messrs Eversheds that the District Auditor has reached an incorrect conclusion on the matter and that there are errors of law in his decision.

(6) To resolve not to take any action to challenge the Auditor's decision;

(7) To agree that the action proposed in paragraphs 4.3 to 4.6 of the report adequately addresses the issues of wider concern raised by the District Auditor; and

(8) To require the Solicitor to the Council to issue written guidance to all Executive Members with respect to the contents of the Code of Practice on Local Authority publicity.

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

RESOLVED to note the report.

On a motion from Councillor Haeberling, seconded by Councillor Todd, it was

RESOLVED to note the report.

Councillor O'Flaherty explained that she intended to concentrate on libraries this year in order to improve the performance measures in this area.

On a motion from Councillor O'Flaherty, seconded by Councillor Sir Elgar Jenkins, it was

RESOLVED to note the report.

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

RESOLVED to note the report.