QUESTIONS TO BE ASKED OF EXECUTIVE COUNCILLORS AT THE COUNCIL EXECUTIVE MEETING 4^th December, 2002

Agenda item 6

1. Question from Rae Harris concerning Street Markets

My question seeks clarification about the legality of the Council's latest markets, which are within this year's Policy and Budget Framework and therefore within the remit of the Executive. I must emphasise that I am asking this as an ordinary Council tax-payer, with no representative responsibility or party-political interest, and that I am basically trying to get to grips with the Council's position on planning applications such as these in which it has a direct interest;

Is the Council in danger of breaking the law with its handling of the planning applications for the three new weekly markets in B&NES, and has it already done so as regards the Bath Christmas Market?

The three weekly markets are relatively straightforward, involving change of use of either public or private land in the ownership of the Council. My concern is that the applicant has a contractual agreement with the Council, who could benefit - to the tune of £100,000 a year - if permission is granted. It seems inappropriate, and probably illegal, for the Council to treat these as standard planning applications when it has such a clear financial interest in the outcome.

The Bath Christmas Market is more difficult, and has apparently already cost the Council £1,000 for legal advice. I would be interested to know why the Town & Country Planning (General Permitted Development) Order 1995 was considered relevant last year but not this year, and why, if the Council is relying on the Local Government (Miscellaneous Provisions) Act 1982 instead, it has failed to pass the necessary resolution and may now need to consider taking itself to Court for failing to publish the necessary notice. I suspect that since the Christmas Market involves the erection of temporary buildings, not all of which are for trading purposes (there is, for example, at least one stage) and for a longer period than 14 days, the Council will need planning permission anyway, and that this will also need the approval of the Secretary of State as it is the Council's own market. (It would be helpful if the Council could provide a copy of the legal advice obtained - presumably on the taxpayer's behalf - as part of the written answer.)

Answer by Councillor Nicole O'Flaherty

No