Meeting documents
Cabinet
Wednesday, 5th October, 2005
1. Question from Councillor Matt Davis
How much PSA Performance Reward Grant are we expected to receive and how is it planned to spend this money?
Answer given by Executive Councillor Malcolm Hanney
A grant of £2.5m is currently forecast but no formal decision has been made yet on the allocation. The exact allocation of this will be considered by Council when setting the 2006/07 budget in the light of the Council's Corporate Plan Improvement Priorities and overall financial situation.
2. Question from Councillor Shirley Steel
Three months have passed since you indicated that the Council and Bath Tourism Plus were looking at creating a presence at the One Stop Shop in The Hollies and advertising tourism in areas outside Bath.
a) What work has been done to realise a Tourist Information Centre presence in Midsomer Norton over the past three months?
b) When does the Executive Member believe a Tourist Information Centre presence in Midsomer Norton will be realised?
Answer given by Executive Councillor Nicole O'Flaherty
Discussions have been ongoing over the last few months between Bath Tourism Plus and Customer Services regarding space at the Hollies. The Hollies already houses the one stop shop, and the Council has actively been looking for partners who would complement those services. A number of organisation have been approached. These organisation reflect the enquiries that are made at the One Stop Shop; Citizen's Advice Bureau, SWAN, Bath Racial Equalities Council and Job Centre Plus. The foyer was refurbished over the summer specifically to let space to potential partners.
Bath Tourism Plus want to trial a rental space for six months for £500 in total. The last contact with Bath Tourism Plus was last week (w/c 25th September) where it was again made clear what was on offer for the proposed rent of £500. Bath Tourism Plus have now asked for a revised quote to provide further facilities.
It is anticipated that tourist information could be made available very shortly after Bath Tourism Plus agree to relevant terms.
3. Question from Councillor Brian Webber
I wish to acknowledge the response I received from Councillor Darracott about the issue relating to lifts in the Ham Gardens and Avon Street car parks not operating on a Sunday. However, there still appears to be confusion about whether Property Services or Parking Services is responsible. Therefore, I hope this can be resolved by asking the following question to the Executive.
Would it be possible for lifts in Ham Gardens and Avon Street car parks to operate on a Sunday?
Answer given by Executive Councillor Sir Elgar Jenkins
A. The lifts in Ham Gardens and Avon Street car parks will be fully operational on Sundays with effect from 9th October 2005.
B. Property Services are responsible for the maintenance of the lifts and Parking Services determine the day-to day hours of operation.
4. Question from Councillor David Hawkins
A number of years ago there was a policy, which I worked hard to introduce, to prevent Estate Agent sale boards being placed on property inside the conservation area in Bath city centre.
a) What is the current status of this policy?
b) Could it be looked into about how to enforce this policy, which appears to have lapsed?
Answer given by Executive Councillor Gerry Curran
The policy referred to in the question relates to the regulation 7 direction made under the provisions of the Advertisement Regulations.
On the 25th May 2005, the Members of the Development Control Committee resolved to request the Secretary of State to make a new direction under regulation 7 of the Town and Country Planning (Control of Advertisements) regulations 1992. The previous direction, made in 1995, precluded the erection of to let/ for sale boards with deemed consent within the Bath Conservation Area and expired in April 2005.
On the 2nd August 2005, the Secretary of State was requested to make a new direction on similar terms as the original but this time it was requested that the direction was made on a permanent basis. As required by the Advertisement regulations the statutory advertisements were published in both the national and local press on the 12th August 2005. These advertisements requested representations from interested parties about the making of the direction within 28 days of their publication.
The Secretary of State has confirmed that a site visit by the Planning Inspector will take place during the week commencing 7th November 2005. Once confirmation is received, the enforcement of the regulation can be implemented.
5. Question from Councillor David Hawkins
In light of the Bath Chronicle campaign to improve road safety outside schools, could the Executive Member please answer the following?
a) What has recently been done to improve road safety outside schools?
b) What is planned to be done in the future?
c) The possibility of a 20 mph zone outside Royal High School in Lansdown ward has been around for many years. Could the Executive Member give an update on what progress has been made recently?
Answer given by Executive Councillor Sir Elgar Jenkins
a) The Transportation Department has been concerned for many years to ensure that pupils can travel safely to school and, working with schools, has developed School Travel Plans for over 60% of the schools in Bath & N. E. Somerset. This week is, by the way, International Walk to School week (3rd - 7th October). Every pre-school pupil in Bath and N. E. Somerset has been given a copy of a road safety booklet called "Stepping Out Together". This is a free resource book full of advice and pictures which children will love to use with their parents, grandparents or carers.
b) To date the Traffic and Safety section has worked with 62 local schools in Bath and North East Somerset of which 40 have identified a need for engineering works to be carried out. Funds in the order of £100,000 are allocated each year to implement such works for schools which have provided a travel plan. The works continue on a rolling programme. Recent improvements have been carried out at Whitchurch, High Littleton, Camerton and St Mary's Bath. Further work is in hand in other schools in Bath and North East Somerset including St Saviour's School in Bath. The department also provides practical pedestrian training to help children.
c) Funding for works on Lansdown Road is in this year's Capital Programme and includes money for a 20 mph limit, operating only at school opening/closing times. It is proposed to include a separate vehicle activated sign showing drivers what their actual speed is.
Supplementary question from Councillor David Hawkins
Would the Executive Member consider more traffic calming measures on Lansdown Road as it is a long steep road going down and it's difficult to go slow at times?
Answer given by Executive Councillor Sir Elgar Jenkins
I am always prepared to consider any ideas but it is the responsibility of everybody to drive safely within the speed limit.
6. Question from Councillor Chris Watt
The Scoping Report for the EIA for the NRR Rail land development, commissioned by NRR and Bellway, and published by JBB Consulting Engineers Ltd, raises questions about consultation.
The Cam Valley Wildlife Group is listed as a consultee "throughout the EIA process".
In the Ecology & Wildlife section the Cam Valley Wildlife Group is not listed as a future consultee in relation to development proposals.
The Cam Valley Wildlife Group is without question the body that is best positioned to advocate for the ecology of this site. This is recognised by English Nature who in correspondence have recommended that they be consulted throughout the whole process.
1. Is the omission of the Cam Valley Wildlife Group an oversight?
2. If not, then how is their omission justified?
3. If yes, can you confirm that the Cam Valley Wildlife Group will be consulted at all stages of planning for this site, both outline and detailed, and in particular in relation to all matters ecological?
Answer given by Executive Councillor Colin Darracott and/or Gerry Curran
1. The scoping report for the EIA was (presumably) commissioned by NRR, and questions regarding omissions in this need to be addressed to that company.
2. As above
3. Planning Services are well aware of the important role that the Cam Valley Wildlife group plays with regard to this land. The group will be included in all consultation organised by the Planning Service relating to this land.
7. Question from Councillor Hilary Fraser
Following The Guardian's investigation into the state of school kitchens published on 14 September, 2005, will you release copies of the food inspection reports for school kitchens in Bath and North East Somerset?
All food safety inspections of all premises, including schools, are undertaken within the portfolio of Cllr Pritchard. Details are held by the Head of Environmental and Consumer Services. Under the Environmental Information Regulations 2004, details of individual inspections can be made available, free of charge, upon enquiry by a member of the public. Subject to the cost restraints within the Environmental Information Regulations, a series of such individual reports can be provided simultaneously.
Supplementary question from Councillor Hilary Fraser
Can the Executive Member be more specific when problems might arise as the public have a right to know?
Answer given by Executive Councillor Jonathan Gay
It's difficult to answer this as this does not fall within my portfolio but I'm not aware of any health and safety issues at schools.
Answer given by Executive Councillor Vic Pritchard
Just to confirm that there are no identified problems at present and periodic checks are carried out.
8. Question from Councillor Hilary Fraser
Please could you outline the benefits of Sure Start in Bath and North East Somerset?
Answer given by Executive Councillor Jonathan Gay
The benefits of Sure Start in South West Bath are:
children with special needs are being identified earlier and offered support through a range of extended services such as additional speech and language therapy.
parents who are experiencing difficulties with their role are being offered practical and emotional help through new services.
parents are being offered subsidised childcare places so they can access work, training or attend important appointments.
Agencies are working more effectively together so that they make appropriate referrals and share expertise.
parents are effectively contributing to the running of the Sure Start Local Programme.
parents are accessing work through volunteering in the Sure Start programme.
The benefits of this programme will be extended through Children's Centres which are being developed in areas of greatest need over the next two years. Bath & North East Somerset has a target of 6 new centres to be developed by 2008.
Supplementary question from Councillor Hilary Fraser
Can the Executive Member distinguish between the benefits for children and those for parents?
Answer given by Executive Councillor Jonathan Gay
Yes, I can and my perception is that both children and parents are benefitting.
9. Question from Chris Beezley (not present at the meeting)
European Directive 2001/42/EC on Strategic Environmental Assessment aims to 'provide for a high level of protection of the environment and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with a view to promoting sustainable development'.
The Office of the Deputy Prime Minister directs local authorities to undertake a Strategic Environmental Assessment of any Local Plan which will not be adopted before July 2006. I understand from B&NES' Executive Work Programme (Local Development Scheme Amendment dated October 2005) that the emerging B&NES' Local Plan is now unlikely to be adopted until May 2007.
Further, Government guidance in PPG15 (Planning and the Historic Environment), Para.2.23, states that: "significant development proposals affecting World Heritage Sites will generally require formal environmental assessment". The emerging B&NES Local Plan contains several such proposals.
However, B&NES' Head of Planning Services has chosen not to conduct an environmental assessment of the emerging Local Plan, stating that it "would be merely informative and is considered unnecessary" (statement dated 8th December 2004).
Notwithstanding the probity of that decision, I understand that where no such assessment is undertaken, Office of the Deputy Prime Minister regulations require Local Authorities to complete Local Plans under Sustainable Development Appraisal regulations. B&NES commissioned independent sustainability consultants to undertake a Sustainable Development Appraisal of the Revised Deposit Draft of the emerging Local Plan. This reported in January 2005.
This appraisal reports "major sustainability concerns" about certain Local Plan proposals but B&NES has not agreed to any of its comments or recommendations. Instead, it allowed the Plan to proceed to a Public Local Inquiry unchanged.
At its 15th September 2005 meeting, B&NES' Council resolved to "reaffirm its commitment to put sustainability first in all decisions" and to "instruct this Council's Executive members and all its Heads of Service to consider aspects of sustainability in every decision they make, documenting such decisions in their decision reports".
Against this background, would the Executive Member for Sustainability and the Environment please explain how choosing not to undertake a statutory environmental assessment for an administrative area which is predominantly designated Green Belt, a World Heritage Site and/or an Area of Outstanding Natural Beauty, and ignoring potentially embarrassing findings of a Sustainable Development Appraisal, undertaken by experts, demonstrates any such commitment?
Answer given by Executive Councillor Gerry Curran
The Council considered the issues of Sustainable Development Appraisal and Strategic Environmental Assessment of the Bath & North East Somerset Local Plan Revised Deposit Draft at its 15th July 2004 meeting. The Council resolved the following:
93To approve the approach to sustainable development appraisal and strategic environmental assessment of the revised Deposit Draft 2003 as set out in paras 4.3.32 - 4.2.43 of the report and that the Head of Planning Services in consultation with the Executive Member for Sustainability and the Environment is delegated to prepare a statement under Regulation 6 of the Draft Environmental Assessment of Plans and Programmes Regulations 2004 explaining why it is not feasible to carry out an environmental assessment under the terms of the European Directive 2001/42/EC.94
Subsequently, the statement under regulation 6 referred to in the resolution, was published and advertised in December 2004.
The quotation from the statement made in Mr. Beezley's letter should be read in the context of the whole statement which sets out the difficulties and delays to the Local Plan preparation process that carrying out a Strategic Environmental Assessment at that stage would have been likely to have caused. It also points out that the Plan's preparation process has already been subject to two Sustainable Development Appraisals (SDA) in 1999 and 2001 and a third was being undertaken at that time. These included appraisal of the impacts of nearly all the Plan's policies including impact on built heritage, archaeology, distinctiveness and townscape.
As set out in the report to Council dated 15th July 2004, because of uncertainty of whether the Strategic Environmental Assessment Regulations would need to be met, the SDA of the Revised Plan had been delayed. However, it would still inform the Local Plan preparation process. The SDA was used to inform the consideration of objections during the Public Local Inquiry and can inform consideration of future modifications to the Local Plan. The SDA was made available at the Inquiry and forwarded to the Inspectors.
Sustainability has been and continues to be a concept which underpins the preparation of the Local Plan taking account of environmental, social and economic objectives for the area in accordance with Council objectives.
10. Question from Councillor Gitte Dawson
As you know, I attended your last Executive meeting wanting to speak on the issue of the massively expensive and intrusive flood mitigation measures you are planning to implement as part of building the Lambridge Park & Ride - but I had not given the required notice. You were kind enough to accept my letter to you - along with copies for all the other executive members for distribution - and promised to let me have a detailed answer. However, I have not had such an answer, or any communication at all on that subject. Please may I have a detailed response either today or in the very near future?
Answer given by Executive Councillor Sir Elgar Jenkins
I refer Councillor Dawson to the letter sent out to her and copied to Members of the Executive on Monday 3rd October 2005. A copy of this letter is attached.
11. Question from Councillor Gitte Dawson
As you know, the Council voted unanimously at its last meeting three weeks ago to raise the profile of green thinking in Council decision-making - basically, to make sure this Council's green policies are never forgotten. In particular, it asked the Chief Executive to mount a continuous green awareness campaign amongst staff; and to instruct all Heads of Service consciously to consider any possible green issues whenever they make a decision, referring to the Council's sustainability manager when they have difficulty identifying such issues.
May I know whether a start has been made on this yet and if not, what plans there are to put this into action, and with what timescale?
Answer to be given by Executive Councillor Paul Crossley
As you know, this resolution was passed last month. The Corporate Director has asked Graham Russell, Head of Democratic Services and Jane Wildblood, Corporate Sustainability Manager to prepare a report on how the resolution can be implemented. It has been agreed that a report will be submitted to the Corporate Director by 21st October.
How the resolution can be implemented needs to be considered in the context of my existing workplan and resources of the Sustainability team. This is now being reviewed and will necessitate discussions with other officers and with Cllr Curran.
Supplementary question from Councillor Gitte Dawson
Why is it that Democratic Services have been asked to do this as the task was for the Chief Executive's office?
Answer given by Councillor Paul Crossley
This work will be undertaken by the above officers as the Head of Democratic Services reports through the Corporate Director to the Chief Executive and the Chief Executive will be working with the Head of Democratic Services on the proposals.
12. Question from Councillor Gail Coleshill
Bath and North East Somerset should congratulate itself on being one of the leaders in Local Authority recycling and since the introduction of weekly green box collection has seen recycling rates of 32%, greater than national targets, and a corresponding percentage decrease in waste going to landfill.
In order to reduce that still further and in view of the fact that if no further progress is made the Council could incur penalties of up to £30 million by the year 2008 I would like to ask the following question:
When can we expect a weekly kitchen waste collection and what plans are there for enabling the recycling of drinks and yoghurt cartons?
Answer given by Executive Councillor Gerry Curran
The Council's waste strategy details our aspiration to collect kitchen waste throughout the district in 2007/08 once new service specifications have been developed and tested in the market place, and appropriate budgets allocated through the Council's Service and financial planning process.
There are currently no plans to collect additional plastics for recycling due to the high proportional cost per tonne, and the nil contribution towards our landfill allowance trading scheme targets that this would represent. We are focussing efforts and resources on collecting maximum possible amounts of denser biodegradable fractions of the waste stream as a priority.
13. Question from Councillor Caroline Roberts
What further progress has been made in relation to free off peak local bus travel for the elderly to be introduced by this council by April 2006?
Answer given by Executive Councillor Sir Elgar Jenkins
Council officers have been working closely with Bristol City, North Somerset and South Gloucestershire Council officers to examine the implications for the current joint concessionary travel scheme and how it could be extended to free travel from April 2006. The Government have yet to issue guidance to local authorities on the requirement to provide free bus travel for pensioners and people with disabilities. Officers have undertaken research on examples of free travel schemes introduced in other areas and have been able to look at possible cost projections. The Office of the Deputy Prime Minister has published indicative grant allocations. The allocation proposed for this Council would seem to indicate a budget gap of between £100,000 to £150,000 per annum. The Finance Department at the request of the Transportation and Highways Department is taking this up with ODPM.
Supplementary question from Councillor Caroline Roberts
Based on the figures from the Office of the Deputy Prime Minister, can I ask the Executive Member to explain what will be sacrificed to meet the shortfall in funding.
Answer given by Executive Councillor Sir Elgar Jenkins
I can't indicate at this stage.
Reference question 10 above
Dear Councillor Dawson
I apologise for the delay in my response to your letter dated the 7th September 05. I have taken the opportunity to review the flood prevention measures for the above development and confirm that they have been subject to detail discussions with the Environment Agency over a number of years.
Following the Planning Committees meeting of the 19th January 2005 clarification of the potential to use alternative methods of protection were sought. I attach a copy of the correspondence between the Council and the Environment Agency and would highlight the following points:
1. The current proposed level of flood protection reduces the probability of flooding to an acceptable level but does not afford absolute protection, this is the minimum requirement that the Environment Agency will accept and is in accordance with Planning Policy Guidance 25. As you will note alternatives such as early warning systems and management of the car parking spaces have been discussed, but are not deemed to be acceptable.
2. If the Council designed an alternative layout which did not provide the current proposed level of flood protection and planning permission were granted, the Environment Agency as a Statutory Consultee would ask the Minister to call in the application. The Council would need to defend the decision to grant itself planning permission for a development that does not comply to Planning Policy Guidance 25 and is against the advice of the Environment Agency. I do not consider that this would be defendable and would leave the Council open to allegations of maladministration.
In view of the above, it is my opinion that the current flood protection measures are necessary and that they can be provided using material excavated from the Lambridge site thus reducing the environmental impact. The raised area of the site will have significant landscaping which will assist in reducing the visual impact.
The vast majority of flood water that currently flows on to Lambridge does not permeate away, but eventually flows back into the River Avon as the flood recedes. It is this flood storage volume that has to be compensated for at Mill Lane, Bathampton.
The design of the flood compensation works at Mill Lane have been reviewed and in consultation with the Landscape Architects a new scheme has been developed which is now considered to be more in keeping with the surrounding landscape. The planning application was submitted on the 16th August 05.
I trust the foregoing clarifies why alternative flood risk measures are not acceptable and demonstrates that the current flood prevention measures are the minimum acceptable. If you wish to discuss the matter further please do not hesitate to contact me.
Yours sincerely
Sir Elgar Jenkins
Executive Member for Transport