Meeting documents

The Leader welcomed everybody to the meeting.

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

Mr Kennedy of OP Motors, Wellsway asked 3 questions regarding closure of a gap in the road next to his business premises. Councillor Sir Elgar Jenkins responded.

Councillor Shirley Steel asked a question regarding a Job Centre presence at the Hollies. Councillor Colin Darracott responded.

Councillor Chris Watt asked a question regarding the effect of Spa costs on local Council Tax bills. Councillor Nicole O'Flaherty responded.

Councillor Peter Edwards asked a question regarding a petition to re-open Whitchurch Village Post Office. Councillors Colin Darracott, Rosemary Todd and Francine Haeberling responded.

Councillor Shirley Steel asked a question regarding swimming clubs using Midsomer Norton Sports Centre. Councillor Nicole O'Flaherty responded.

Councillor Betty Perry asked a question regarding re-development of the Greenacres site. Councillor Francine Haeberling responded.

Councillor Caroline Roberts asked a question regarding refuse collection in Newbridge. Councillor Rosemary Todd responded.

Councillor Caroline Roberts asked a question regarding the strategic walking route from the city centre to the RUH. Councillor Sir Elgar Jenkins responded.

Councillor Chris Watt asked a question regarding housing specialist help in north east Somerset. Councillor Vic Pritchard responded.

Councillor Gail Coleshill asked a question regarding a list of historic buildings. Councillor Rosemary Todd responded.

Councillor Chris Watt asked 3 questions regarding Valentine flowers promotion and rates for the Parks department. Councillor Nicole O'Flaherty responded.

Carol Thomson of Carol's of Bath made a statement on behalf of the Florists of Bath & North East Somerset. (A copy of this statement has been placed on the Minute book).

Councillor O'Flaherty mentioned that she would be looking at the general principle of how trading took place in her service and hoped to meet with a representative of the Florists to discuss these issues further.

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

RESOLVED that the minutes of the meeting held on Wednesday 4th February 2004 be confirmed as a correct record and signed by the Chair(person)

There were no such items on this occasion.

Rationale for decision

This report is presented as part of the reporting of financial management and budgetary control required by the Council.

Other Options Considered

There are no other options considered at this stage of the financial year.

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

RESOLVED

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

(2) To approve the adjustments to and incorporation of additional funding to the 2003/2004 programme, as detailed in paragraph 4.1 of the report; and

(3) To note the current position of available resources.

Councillor Paul Crossley introduced this report, on behalf of Councillor Malcolm Hanney who had sent apologies for the meeting, and explained that the figures were now looking more favourable than when the report had been prepared.

Rationale for decision

This report is presented as part of the reporting of financial management and budgetary control required by the Council.

Other Options Considered

There are no other options considered at this stage of the financial year.

Councillor Jonathan Gay noted Councillor Betty Perry's comments that she had not supported the Social Services portfolio budget at Council.

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

RESOLVED

(1) To note the expenditure and income position for the Council in the financial year to the end of December, and the year end projections detailed in Appendix 1 of the report;

(2) To approve the virements listed in Appendices 3 and 5 of the report; and

(3) To delegate responsibility to agree the 2004/05 opening cash limits for the individual service headings within the Social Services portfolio, in line with the totat budget for the portfolio as agreed at Council on 18^th February, to the Executive Member for Social Services.

Philip Harris, Bathford Parish Council, spoke in support of the report. He outlined the history of the issue and welcomed the action the Council were now taking.

Councillor Sir Elgar Jenkins introduced the report and explained that it was in the interests of local safety that we should proceed in this way. He regretted, however, that the Council had been forced to take this route.

Councillor Jonathan Gay asked the Executive Member to ensure that the landowners were kept informed throughout the process. Councillor Sir Elgar Jenkins gave him this assurance.

Rationale for decision/Other options considered

The power available to the Council to make a CPO to acquire land for the purpose of highway improvement is contained in section 239 and section 240 of the Highways Act 1980. This Act empowers local highway authorities, such as this Council, to acquire land for the creation of highways. Such powers may be exercised compulsorily or by agreement. Where it is necessary to acquire land compulsorily, the procedure is governed by the Acquisition of Land Act 1981.

In deciding whether to make a CPO, the Council needed to balance the costs involved including the payment of compensation and the cost of making a CPO on the one hand, and the benefits in terms of highway safety in the event of this scheme going ahead. Critically, consideration needed to be given to what would be the effects in terms of highway safety if the scheme did not go ahead. There had to be a compelling case in the public interest to justify the making of the order. An order is unlikely to be confirmed unless there is clear evidence that the public benefit will outweigh the private loss.

The existing bridge across the By Brook has a single narrow footway (ranging from 0.57-0.65m wide across the bridge) with a length of narrow footway on the northern approach to the southeast of the bridge. The A363 currently carries approximately 9,000 vehicles in the 12 hour period 7am - 7pm. As a consequence, negotiating the above footways can be intimidating for pedestrians especially those with pushchairs. The footway on the bridge is not wide enough to support a double buggy, which must be pushed with one set of wheels in the carriageway. The Council's Education Department has classified the route as hazardous for school children and is consequently obliged to provide transport for school pupils travelling from Bathford to St Marks School, even though the school is within the 3 mile walking distance normally required to justify entitled transport. In view of this situation, it is deemed necessary to provide a safe pedestrian facility access for the public.

Due to its status as an ancient monument, widening of the existing bridge to accommodate a widened footpath is not possible. Consequently, a parallel footbridge 2.0m wide has been identified as the preferred option. In order to construct the footbridge, it is necessary to acquire the additional land shown edged red on plan CG9054/19.

As no agreement on the value of the land in question could be reached between the landowner and this Authority, the only available option was to acquire the land compulsorily.

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

RESOLVED

(1) To authorise the Head of Property and Legal Services to make a Compulsory Purchase Order for the compulsory acquisition of the area of land situated to the North West of the By Brook, Bathford adjoining the A363 Bradford Road which area of land is approximately 172.24 square metres and comprising an area of open land outlined in red on drawing no.CG9054/19 pursuant to section 239 and 240 of the Highways Act 1980 for the purpose of;

(a) the improvement of the public highway known as the A363 Bradford road;

(b) the construction of a highway being a footbridge over the By Brook, from a point approximately 14 metres north of the centre of Bathford Bridge in a south easterly direction for a distance of approximately 18 metres; and

(c) the use of the land in connection with the construction and improvement of highways as aforesaid.

Councillor Paul Crossley introduced the report and hoped the pilot would be successful.

Councillor Rosemary Todd, in seconding the report, welcomed the development control and spending powers that the Area Committee would have. She stressed the importance of publicising the Area Committee within the wards concerned and ensuring residents knew how they could engage with the Committee.

Rationale for the decision

Given the Council's wish to pilot area working, it is appropriate that the option of undertaking delegated executive powers be an integrated part of the pilot.

Other options considered

At this stage, no other executive powers were proposed for delegation to the Area Committee. However, as the pilot process proceeds, other possibilities may emerge and will be considered by the Council Executive on a request of the Area Committee.

On a motion from Councillor Paul Crossley, seconded by Councillor Rosemary Todd, it was

(1) To delegate to the Bath South Area Committee the highway powers referred to in paragraph 4.3 of the report, with a budgetary limit of £50,000 which is to be allocated from the Transportation Capital Programme; and

(2) That consideration be given at the appropriate times during the pilot process to any requests from the Area Committee for further delegation of executive functions that might assist in achieving the learning objectives of the pilot process.

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

RESOLVED to note the report.

Councillor Betty Perry asked why there was no reference to the Bath Spa project in this report. Councillor Paul Crossley explained that it was reported separately as one of the Council's major projects.

Councillor Betty Perry also referred to the transfer of 2 sports pitches to Norton Radstock Town Council and asked whether, if this was successful, the transfer would be accompanied by money to implement. Councillor Nicole O'Flaherty responded that a certain sum of money would be provided.

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

RESOLVED to note the report.

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

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

RESOLVED to note the report.