Meeting documents

Cabinet
Monday, 5th July, 2004

BATH AND NORTH EAST SOMERSET DISTRICT COUNCIL

COUNCIL EXECUTIVE

Wednesday 30th June 2004

PRESENT -:

Councillor Paul Crossley - Leader

Councillor Francine Haeberling - Social Services

Councillor Sir Elgar Jenkins OBE - Transport and Highways

Councillor Jonathan Gay - Lifelong Learning

Councillor Rosemary Todd - Sustainability and the Environment

Councillor Colin Darracott - Economic Development

Councillor Malcolm Hanney - Resources

Councillor Nicole O'Flaherty - Tourism, Leisure and Culture

Councillor Vic Pritchard - Community Safety, Housing & Consumer Services

WELCOME AND INTRODUCTIONS

The Chair welcomed everyone to the meeting.

EMERGENCY EVACUATION PROCEDURE

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

DECLARATIONS OF INTEREST

Councillor Hanney declared a personal, non-prejudicial interest in item 12, as Chair of the South West Regional Assembly.

Councillor Paul Crossley declared a personal, non-prejudicial interest in item 10, as a Governor of Southdown Infants school.

Councillor Paul Crossley also declared a personal, non-prejudicial interest in item 12, as a member of the South West Regional Assembly.

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

There were no items of urgent business.

QUESTIONS FROM PUBLIC AND COUNCILLORS

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 is contained in a Q&A document which is attached to the minutes electronically once finalised.

Councillor Charles Gerrish

Councillor Sarah Webb (two questions)

Peter Davis

STATEMENTS, DEPUTATIONS OR PETITIONS FROM PUBLIC AND COUNCILLORS

Copies of the statements (when they have been provided) have been placed on the Minute book.

Councillor Charles Gerrish made a statement regarding Keynsham Town Hall. Councillor Malcolm Hanney informed Councillor Gerrish of a forthcoming decision that he and Councillor Colin Darracott would shortly be making regarding works to Keynsham Town Hall.

Rae Harris made a statement regarding the sale by tender of the old Cleveland Baths.

All the other statements or petitions made are referred to within the agenda items below to which they relate.

MINUTES: WEDNESDAY 5TH MAY 2004

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

RESOLVED that the minutes of the meeting held on Wednesday 5th May 2004 be confirmed as a correct record and signed by the Chair(person).

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

There were no such items on this occasion.

A REVIEW OF PRIMARY SCHOOLS IN SOUTH & CENTRAL BATH (Report 10).

Helen Woodley from the Allotments Association made a statement regarding the proceeds of the sale of land to the rear of Oldfield Park and leaving the option open for some allotment provision.  Councillor Gay responded that he could not commit to this but that a portion of any such land could maybe be reserved for future allotment use.

Richard Daniel made a statement and presented a petition calling for a green recreational space for Oldfield Park Junior School using the land to the rear.

Councillor Jonathan Gay introduced this item and ran through the rationale behind the recommendations. He thanked the Overview and Scrutiny Panel for their hard work and fair balanced view and the schools for their open-minded approach.

In seconding the recommendations, Councillor Paul Crossley commented that this was a good approach for a complex area.

Rationale

The creation of all-through primary schools is consistent with the stated aims of the Council.

There is a need to take action to remove surplus places in the area and simultaneously address educational deprivation. It is acknowledged that the significant capital funding required for the creation of several new primary schools is unavailable at present and so resources should be targeted where the need is greatest.

The benefits of amalgamation and the creation of all-through primary schools can only be fully realised if school buildings are completely suited to the delivery of the modern curriculum thus allowing staff and pupils to perform at their best. Furthermore, schools should be located on sites which allow the use of the outdoor environment as an aid to education, access to high-quality sports facilities and also do not represent a drain on the resources of the school or, by extension, the Council.

Under the School Premises Regulations 1999, schools with pupils aged eight or older should have access to playing fields which permit the playing of team games and are available for use at least seven hours per week. At present, Oldfield Park Junior School has no such provision.

Other Options Considered

The option to take no action was considered and rejected as it would leave surplus places untouched and fail to address the issues of educational deprivation, fail to ensure the most effective use of physical resources and fail to address issues of suitability and condition.

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

RESOLVED

(1) To welcome the detailed work undertaken by the Education, Youth, Culture & Leisure Overview and Scrutiny Panel (EYCL OSP) and to consider their views and recommendations which were attached at Appendix 2 to the report;

(2) To confirm that the aims of the Review remain

(a) improving educational standards;

(b) ensuring that resources (land, buildings, funding and people) are used in the most effective way;

(c) delivering improved access to high quality facilities to children, school staff and the wider community; and

(d) make the choice of a local school a natural and easy choice for parents.

(3) To agree that this area offers opportunities for delivering all-through primary education in line with the Council's preference but that implementing such changes at all four pairs of schools is unrealistic at present due to the absence of the necessary capital funding;

(4) To agree that no immediate action is necessary in relation to Moorlands Infant, Moorlands Junior, Oldfield Park Infant, St Michael's CE VC Junior and Twerton Infant School. This contrasts with the findings of the EYCL OSP;

(5) To establish a Project Board to consider the priority to be given to the possibility of amalgamating Southdown Infant and Southdown Junior and authorise the Education Director to initiate a consultation exercise during or after September 2004 regarding this possibility;

(6) To instruct Officers to examine the feasibility and costs of acquiring, and laying out, land to the rear of Oldfield Park Junior School in order to provide a playing field including an examination of the potential for remodelling the existing site to accommodate a playing field.

REVIEW OF OPERATING TIMES FOR NORTHGATE PRIORITY ACCESS POINT (BUS GATE) (Report 11).

Councillor Sir Elgar Jenkins introduced this report by explaining that this was a common sense approach arising from an analysis of all the alternatives. He stressed the need for rigorous enforcement and explained that the Council would soon have new enforcement powers under the Traffic Management Bill. Councillor Sir Elgar Jenkins also explained that he was working with Traders to address the issue of deliveries to shops and business.

In seconding the motion, Councillor Paul Crossley welcomed the automatic number plate recognition that would be available later in the year.

Councillor Colin Darracott hoped that consideration would be given to other major developments such as Western Riverside, Southgate and the new multiplex cinema in addressing traffic issues in the central spine of the city. Councillor Darracott also enquired about the costs of the advertising and signage referred to in paragraph 3.1. of the report. Councillor Sir Elgar Jenkins responded that it was less than £5,000.

Rationale

The adoption of 10.00a.m. to 6.00p.m. aims to take a common sense compromise between a number of conflicting views on the hours the priority access point should remain open. It would enable servicing within the city centre to be carried out more easily and could also suggest an appropriate time band for consideration for either delivery restrictions or pedestrianisation schemes. Concerns were raised by some respondents as to whether the current physical restrictions would allow for larger volumes of traffic. Current observations show that the area is not particularly busy before 8.30am and it is expected that this will remain the case up to 10.00a.m; however, if problems do arise these can be considered and ameliorative measures brought forward.

The consultation included a separate set of options for Sundays; however, the respondents were divided between two alternative views that, either the restriction should be removed on Sundays, or should have the same time limit as weekdays. As no respondent made a particular case for Sundays being different, it is proposed that the times should be as Monday to Saturday.

As the option proposed did not form part of the original consultation, it is proposed that a further round of consultation be undertaken concurrent with the advertisement of the proposal.

It is not proposed to bring forward detailed proposals at this stage concerning pedestrian priority measures but to use the debate arising from this report to develop a number of detailed options.

Other options considered

Consultees were invited to choose between three options for Monday to Saturday and alternative range for Sundays.

57 Options for operating hours - Monday to Saturday

Reduced operation to outside peak traffic times and within main shopping times

9.00 a.m. to 5.30 p.m.

Retaining existing operation

8.30 a.m. to 6.30 p.m.

Reduced operation to core shopping times only

10.00 a.m. to 4.00 p.m.

 

58 Options for operating hours - Sunday

Reduced period on Sunday within main shopping times

12:00 midday to 4:00 p.m.

Removed entirely on Sunday

Open on to all traffic on Sunday

Retaining existing operation

8.30 a.m. to 6.30 p.m.

Respondents were asked to rank the options in order and to add any other options they felt should be considered (responses contained within Appendix A to the report). These options were rejected as none were considered capable of eliciting support from diverse stakeholder organisations.

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

RESOLVED to agree that;

(1) A variation to the Bath and North East Somerset Council (Various Roads, Northgate Area, Bath)(CI:TE Project) Order 2002 be advertised such that the hours of operation are altered from between 8.30 am and 6.30 pm to between 10.00 am and 6.00 pm;

(2) The powers to enable the council to carry out enforcement using cameras are applied for as soon as the legislation is passed in the Traffic Management Bill;

(3) A further round of specific consultation on the proposed change be carried out concurrent with the public advertisement;

(4) In the event of no objections being received and sustained, the Head of Transportation, Access & Waste Management be granted delegated authority to seal the Order; and

(5) A report is produced for the Executive Member detailing proposals for creating an improved pedestrian environment within the central core of the city and, in particular, a north-south city centre pedestrian priority route. This is to be developed in conjunction with controls on deliveries for the central core of the city.

BRISTOL/BATH TO SOUTH COAST STUDY (Report 12).

The following people had given due notice to make a statement and did so. All statements opposed a proposal to progress a full appraisal of an A36/A46 link road

· Peter Davis, Batheaston Parish Council (a copy has been placed on the Minute book)

· Dr Ian Murison (a copy has been placed on the Minute book)

· Mr Kennedy (a copy has been placed on the Minute book)

· David Batho (a copy has been placed on the Minute book)

· Chris Benson, Bath Friends of the Earth (a copy has been placed on the Minute book)

· Tony McCann, Bathampton Parish Council (a copy has been placed on the Minute book).

The Leader asked the Engineering Consultancy Manager, David Anderson, to briefly outline the background to this report.

Councillor Caroline Roberts commented on the high figure of £400,000 for development of a Bath package for the next Local Transport Plan and enquired if all this would be needed, or whether some could be diverted to other projects within the Transportation Capital Programme. Councillor Sir Elgar Jenkins responded that it was crucial to ensure that all the relevant information was gathered and therefore this amount was projected as covering the costs; however, should the whole sum not be needed, the money would be re-invested into the Transportation Capital Programme.

Major Crombie from the Bath Society spoke against an A36/A46 link road.

Philip Harris from Bathford Parish Council stated that his Council was totally opposed to the A36/A46 link road proposal.

David Redgewell, Transport 2000, asked that the river crossing would be looked at.

Councillor Sir Elgar Jenkins introduced this item by explaining that a set of proposals had to be prepared for the Local Transport Plan next year. A broad approach from the whole area is needed which is why a sub-regional group has been established. Councillor Sir Elgar Jenkins explained that a range of ideas had been received and, at this stage, nothing had been ruled in or out. He endorsed the evidence based approach that was being adopted and concluded that it was the duty of a public authority to investigate fully all the options.

Councillor Rosemary Todd, in seconding the motion, re-iterated the necessity of systematically examining the relative merits of all options, even though some were not immediately attractive.

Councillor Francine Haeberling confirmed that they were all very aware of the unique qualities of this Area of Outstanding Natural Beauty but it was necessary to follow the correct process.

Councillor Colin Darracott commented that he had been relieved to hear all the comments and references to other studies and added that it was crucial to get the next bid for the Local Transport Plan right.

Councillor Nicole O'Flaherty explained that she had reservations about supporting the £400,000 but had been delighted to hear the reasonable approach that was proposed and understood why it was necessary. She explained that she would be abstaining from the vote.

Councillor Jonathan Gay asked that recognition could be given to the other areas of the Authority that are affected outside Bath.

Councillor Paul Crossley echoed some of the earlier comments and mentioned that clear quick win solutions were also needed, such as Park & Ride, rail, freight from the South Coast, congestion charging for lorries etc.

Rationale

The further work proposed in section 4.1 of the report will enable a bid for financial support to be submitted in the Local Transport Plan July 2005 submission.

Other Options Considered

These will be explored in the further work proposed in section 4.1 of the report.

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

RESOLVED

(1) That Officers will undertake further feasibility and assessment work on the range of potential measures as listed in paragraph 4.1 of the report;

(2) That Officers will report back to a future meeting of the Council Executive, early in the New Year, with the results of this work, so that a decision can be made as to which measures should be the subject of a bid to Government for financial support in the next Local Transport Plan; and

(3) That Officers work together with their counterparts in the other three ex-Avon Unitary Authorities with a view to producing a Joint Local Transport Plan (LTP).

SOUTHGATE RE-DEVELOPMENT - SITE ASSEMBLY (Report 13).

David Redgewell, Transport 2000, made a statement regarding a series of Traffic Regulation Orders that are attached to the Compulsory Purchase Order and how they fit together.

Councillor Colin Darracott introduced this item by explaining that the Executive were being asked to provide an instrument which it was hoped would not be necessary to use. Councillor Darracott made reference to the amended Plan that had been circulated to Members and the public gallery; this contained a slight change to the boundary following a meeting of the Land Assembly Group which had taken place after the papers were sent out. With reference to the comment from David Redgewell, Councillor Darracott stated he was happy to meet with Mr Redgewell to ensure all the areas of concern were addressed.

Rationale and other options considered

While the project could seek to secure site assembly purely by private agreement with property owners, it was unlikely that a site of this size and complexity could be successfully assembled without the exercise of compulsory purchase powers to some degree. It was therefore considered crucial that the site was supported by a CPO in order to achieve certainty of delivery.

Before moving to the vote, Councillor Paul Crossley asked Executive Members to confirm they had read and taken due account of the draft Statement of Reasons in coming to a decision. This confirmation was given.

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

RESOLVED

(1) That, conditional upon the prior entering into of either;

(a) A Development Agreement with CGNU incorporating appropriate indemnities in respect of the Council's costs and CPO liabilities; or

(b) A separate Full Indemnity Agreement in respect of such costs and liabilities

The Council shall make a CPO under section 226(1)(a) of the Town and Country Planning Act 1990 for the acquisition of land and/or the creation of new rights pursuant to Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 within the areas shown edged red on the plan attached at Appendix 1 for the purposes of securing the mixed use redevelopment of Southgate;

(2) That the Head of Property and Legal Services be authorised to finalise the CPO Map, Schedule and Statement of Reasons and take all necessary steps to secure the making, confirmation and implementation of the CPO including;

(a) negotiating with land owners;

(b) setting out the terms for the withdrawal of objections to the CPO;

(c) where appropriate, seeking exclusion of land from the CPO;

(d) making arrangements to assist with the relocation of occupiers;

(e) making arrangements for the presentation of the Council's case for confirmation of the CPO at any public inquiry;

(f) exercising the compulsory purchase powers authorised by the CPO by way of general vesting declaration and/or notice to treat;

(g) making arrangements for the consequent Highway Stopping Up and Traffic Management Orders.

TRANSFER OF BUDGETS FOR STAFF AND RESOURCES TRANSFERRING TO CUSTOMER SERVICES, LIBRARIES AND INFORMATION (Report 14).

Councillor Paul Crossley explained that this transfer would help in efforts to develop a better front line approach for customers.

Rationale

The transfer of budgets with staff will allow Customer Services, Libraries and Information to manage staff and resources effectively and meet the aims and objectives of the Customer Access Programme.

Other Options considered

No movement of budgets; this would confuse managerial relationships and reduce administrative efficiency.

On a motion from Councillor Paul Crossley, seconded by Councillor Nicole O'Flaherty, it was

RESOLVED

(1) That the budgets outlined in the summary table in paragraph 3 be transferred to the Customer Access service area within the Leader's Executive Portfolio, with effect from 1 April 2004.

CULTURE & LEISURE FOUR MONTHLY PERFORMANCE REPORT (Report 15).

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

RESOLVED to note the report.

EDUCATION FOUR MONTHLY PERFORMANCE REPORT (Report 16).

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

RESOLVED to note the report.

SOCIAL SERVICES FOUR MONTHLY PERFORMANCE REPORT (Report 17).

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

RESOLVED to note the report.

COMMUNITY SAFETY AND DRUGS ACTION TEAM FOUR MONTHLY PERFORMANCE REPORT (Report 18).

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

RESOLVED to note the report.

ENVIRONMENT FOUR MONTHLY PERFORMANCE REPORT (Report 19).

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

RESOLVED to note the report.

CUSTOMERS FOUR MONTHLY PERFORMANCE REPORT (Report 20).

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

RESOLVED to note the report.

The meeting ended at 12noon

Chair(person)

Date Confirmed and Signed

Prepared by Democratic Services