Meeting documents

17 WELCOME AND INTRODUCTIONS

The Chair welcomed everyone to the meeting.

18 EMERGENCY EVACUATION PROCEDURE

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

19 DECLARATIONS OF INTEREST

Councillor Hanney declared a personal, non-prejudicial interest in items 11 and 17, as Chair of the Primary Care Trust and a further personal, non-prejudicial interest in item 16 as a Member of the Chew Valley Zero Waste Group.

Councillor Paul Crossley declared a personal, non-prejudicial interest in item 15 as a Member of the Regional Assembly for the South West and the South West Local Government Association.

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

There were no items of urgent business.

21 QUESTIONS FROM PUBLIC AND COUNCILLORS

Helen Woodley from Bath Friends of the Earth asked a question regarding the Spatial Strategy item, calling for a carbon neutral economy to be a fundamental guiding principle of the Vision. Councillor Gerry Curran responded.

Tim Conroy asked two questions regarding the future of the Wansdyke Business Park. Councillor Colin Darracott responded.

Caroline Clayden, Director of the Mendip Cross Trails Trust, asked a question regarding equal access to multi-user paths. Councillor Sir Elgar Jenkins responded.

Councillor Caroline Roberts asked a question regarding free off peak local bus travel for the elderly. Councillor Sir Elgar Jenkins responded.

Councillor Chris Watt had submitted a question regarding the drugs charity "Involve" but was not present. Reference was made to the response from Councillor Vic Pritchard which will be sent to Councillor Watt.

[Copies of the questions and responses have been placed on the Minute book and are available on the Council's website.]

22 STATEMENTS, DEPUTATIONS OR PETITIONS FROM PUBLIC AND COUNCILLORS

Notice had been given by the following 12 people who wished to make a statement - Helen Woodley, Andrew King, Rob Lucas, Robert Sawyer, Charles Burgess, Glen Harrington, Graham Whiteley, Sue Board, Councillor Peter Edwards, Councillor Marie Brewer and Councillor Colin Barrett. These are listed next to the relevant agenda item, except for the statement from Councillor Shirley Steel regarding CCTV in Midsomer Norton. Councillor Steel was not present but the statement had been circulated to the meeting.

23 MINUTES: WEDNESDAY 1ST JUNE 2005

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

RESOLVED that the minutes of the meeting held on Wednesday 1st June 2005 be confirmed as a correct record and signed by the Chair(person).

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

There were no such items on this occasion.

25 CONSIDERATION OF MATTERS REFERRED BY OVERVIEW AND SCRUTINY BODIES (Report 10).

There were no such items on this occasion.

26 RESPONSE TO COMMISSION FOR SOCIAL CARE INSPECTION (CSCI) INSPECTION OF CHILDREN AND FAMILIES SERVICES (Report 11).

Silu Pascoe from the Commission for Social Care Inspection (CSCI) gave a presentation outlining the main areas of strength and areas for development for each of the Standards. Following the presentation, Silu took questions from the Chair of the Health and Social Services Overview and Scrutiny Panel, and the Executive Members.

Members thanked the Inspectors for their report.

Councillor Jonathan Gay also thanked the staff who had co-operated so successfully with the Inspection team. Councillor Gay highlighted the CSCI conclusion that the Council's Children's Services were `serving most people well' and had `promising capacity for improvement'. He believed the Action Plan produced by the Children and Families Service would take the Council to a position of serving all people well.

Rationale

The report and Action Plan are appropriate responses to the CSCI Inspection report and recommendations. The implementation of the Action Plan will contribute to the Service taking forward the national agenda for Children and Families Services.

Other options considered

None. The Council is required to receive a formal presentation of the CSCI Report, to formally respond to it and to compile an Action Plan to respond to its recommendations.

On a motion from Councillor Jonathan Gay, seconded by Councillor Francine Haeberling. It was

RESOLVED

(1) To endorse the action plan; and

(2) To request that the Health & Social Services Overview and Scrutiny Panel monitor its implementation.

27 REPLACEMENT OF ST JOHN'S CATHOLIC PRIMARY SCHOOL, BATH (Report 12).

Helen Woodley made a statement on behalf of the Allotments Association stating their preference for a brown field site and outlining various other points concerning the relocation. [A full copy of this statement is available on the Council's Minute book.]

Andrew King made a statement concerning the size of the site and possible implications on sporting activities.

Robert Sawyer made a statement in support of retention of the Wansdyke Business Centre.

Rob Lucas made a statement against the use of Odd Down Playing fields as a potential site for relocation. [A full copy of this statement is available on the Council's Minute book.]

Charles Burgess made a statement in support of retention of the Wansdyke Business Centre and criticising the lack of consultation with tenants of the Wansdyke Business Centre.

Glen Harrington made a statement also in support of the retention of Wansdyke Business Centre.

Graham Whiteley also made a statement in support of the Wansdyke Business Centre.

Further ad-hoc contributions were also made by Councillor Ruth Griffiths, (Oldfield ward), Agnes Melling, Lawrence Swan and Tim Conroy.

Councillor Jonathan Gay apologised to the tenants of the Wansdyke Business Centre for not consulting with them earlier, and undertook to visit them over the next couple of weeks. Councillor Gay explained, in response to comments from various speakers, that the Western Riverside site was not an option for this school.

Councillor Gay explained that it was necessary to now decide on one site to take forward and, for that reason, he would be recommending the rejection of Odd Down Playing fields and Odd Down Park and Ride. He acknowledged that the school community were most in favour of the St Alphege's site. Councillor Gay recognised the vital role in the economy of the small businesses located at the Wansdyke Business Centre and, for that reason, explained that he would not be recommending the use of the Business Centre as part of the school site. Councillor Gay recommended the inclusion of Hillside Hall to increase the size of the school site and proposed a 280 place school on the basis that the site was confined, the current number stood at 260 and this was in line with the current work across the Authority to reduce surplus places. Councillor Gay explained that, due to the restricted nature of the site, he would be proposing a 2 storey junior block to maximise the use of the space. Councillor Gay also commented that it was likely that there would be 2 entrances to the school, which would help to reduce traffic problems.

Councillor Paul Crossley, in seconding the recommendations, mentioned the very successful 2 storey school at Freshford.

Councillor Malcolm Hanney raised various resource issues and, with regard to the financial exposure to the Council, proposed a maximum figure be set. [This is reflected in the resolution below.]

There was discussion around the proposed number of pupils on roll and there was an unsuccessful amendment to set the figure at 315.

Councillor Francine Haeberling welcomed the fact that a solution for St John's school may finally have been reached, but acknowledged there were further stages to go through. In the light of this, Councillor Haeberling proposed that, should this option not prove successful, it was necessary to make clear that all previous sites, as well as any future ones, would come back into consideration. [This is reflected in the resolution below.]

Rationale

As set out in the preamble above.

Other Options considered

As set out in the preamble above.

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

(1) That all responses to the recent consultation exercises are welcome, including the additional information provided and the additional comments of consultees;

(2) That no further consultation is required;

(3) That Odd Down Park & Ride is an unsuitable site and is rejected;

(4) That the current St Alphege's site (which does not include land currently used as the Wansdyke Business Centre) owned by the Diocese of Clifton, together with the Hillside Hall site, is adopted as the preferred site for a 280 place school. Due to the area of land available, a 2-storey junior block, single storey infant block and an all-weather pitch are proposed;

(5) That the Odd Down playing field site is rejected;

(6) To confirm that the Council will meet all costs associated with the preparation of a design up to the point at which a planning application is submitted, expected to be no more than £200,000;

(7) That, in addition, the maximum Council Education cash exposure is limited to an additional £500,000 over that already allocated, and that any demand beyond that should come back to the Executive outlining the reasons and implications of the demand; and

(8) To acknowledge that, should the preferred site not prove feasible, all previous sites come back into consideration and/or any other sites which might then be identified.

(The underlined wording at resolution 7 above was proposed by Councillor Malcolm Hanney and accepted by the mover of the motion. The underlined wording at resolution 8 above was proposed by Councillor Francine Haeberling and accepted by the mover of the motion.)

28 A REVIEW OF PRIMARY SCHOOLS IN BATHAVON (Report 13).

The Executive considered a report examining the number of unfilled and potentially surplus places in this area.

Rationale

The Overview & Scrutiny Panel were unanimously of the opinion that no re-organisation of the primary schools within the Bathavon cluster area was necessary or of need of any consideration within this review

The Panel noted that all 3 schools were successful and achieved high standards. They are all closely linked to their local communities and are well supported by parents. They further noted that there had been very few admission appeals for these schools during the past 3 years indicating that parental choice is being satisfied in this cluster.

Other Options Considered

None.

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

RESOLVED

(1) To note the valuable work of the Education, Youth, Culture and Leisure Overview & Scrutiny Panel;

(2) To agree that no organisational change is needed in this cluster;

(3) To agree that Batheaston C of E Primary School be invited to report to the Overview & Scrutiny Panel in a year's time on the success of their arrangements for an extended school day to achieve increased non contact time for teaching staff;

(4) To instruct officers to continue dialogue with the school governors with regard to the effective use of capital for the improvement of the buildings and open areas;

(5) To instruct officers to discuss with the Diocese of Bath and Wells, the option for improving the access to the school playing field;

(6) To note the lack of an appropriate school hall at Bathford C of E Primary School and agree that the need for capital investment be considered in the context of the LEA's agreed Asset Management Plan priorities; and

(7) To note the scope for an imaginative development of the site of the old swimming pool at Bathampton Primary School and instruct officers to assist the governors in identifying options, costs and possible sources of capital funding.

29 PROVISIONAL JOINT LOCAL TRANSPORT PLAN 2006-2011 AND MAJOR SCHEME BIDS (Report 14).

Councillor Caroline Roberts asked a question about whether further detail regarding Bath issues would be included in the Plan when it was presented to Council in July. Councillor Sir Elgar Jenkins responded that this was a provisional plan and, when it was brought back in March, this kind of detail would be included.

Councillor Sir Elgar Jenkins introduced this report which had been produced by the four Councils of Bath and North East Somerest, Bristol city, North Somerset and South Gloucestershire and needed approval by each of these Councils.

Rationale

The Local Transport Plan is a statutory document and the submission of the Provisional Joint Local Transport Plan is an essential requirement in obtaining transportation funding for the period 2006-2011.

Other options considered

None.

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

RESOLVED

(1) That the Joint Local Transport Plan 2006-2011 and Major Scheme Bid are submitted to the Council on 14^th July 2005 for approval; and

(2) That approval is given to establish a joint LTP delivery team.

30 SUB-REGIONAL SPATIAL STRATEGY FOR THE WEST OF ENGLAND (Report 15).

Councillor Peter Edwards made a statement regarding the significant impact of any plans for house building in the Whitchurch area. (A copy of this statement has been placed on the Council's Minute book.)

Councillor Gerry Curran acknowledged the difficult balance that would need to be found between protecting the greenbelt and providing future affordable housing and an effective transport infrastructure.

Councillor Colin Darracott asked for more detail regarding the timetable. Councillor Gerry Curran promised to provide this to Executive Members.

Councillor Vic Pritchard was keen for the Council to ensure its best interests would be maintained.

Rationale

The report updates progress on work on the Sub-regional Spatial Strategy and as such only needs to be noted.

Other Options considered

None.

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

RESOLVED to note the update report.

31 WASTE STRATEGY 2005 - 2010 (Report 16).

Councillor Colin Barrett made a statement regarding increasing recycling participation, but also querying why the Strategy had been brought forward at this time, without taking into consideration the findings of the Overview & Scrutiny Waste, Recycling and Street Cleansing Review which were expected shortly. (A copy of this statement has been placed on the Council's Minute book.)

Councillor Dave Dixon, Chair of the Overview & Scrutiny Panel which had conducted the Waste Review, mentioned a few key findings of the review including ways of making recycling easier (same day collection for all items).

Councillor Gerry Curran welcomed the comments made and explained the reasons for bringing the Strategy forward at this point. He gave his commitment to giving full consideration to the findings of the Overview & Scrutiny review.

Councillor Colin Darracott expressed reservations about this Strategy being brought forward without the detail which was needed in order to make bids against the Corporate and Financial Plan.

Rationale

The Council is required to meet targets laid down by the Government to reduce the amount of bio-degradable waste that is sent to landfill sites. The achievement of these targets will depend on developing our services, engaging the public and investing in new collection, treatment and disposal infrastructure. The Strategy sets out the direction of travel which the Council will take in order to achieve these targets and action plans to deliver specific changes.

Other Options considered

None.

On a motion from Councillor Gerry Curran, seconded by Councillor Malcolm Hanney, it was

(1) That the Waste Strategy and five year Action Plan be approved and recommended to Council as part of the Policy and Budget Framework;

(2) That the significant financial issues arising from national and European requirements be noted and considered during the Service and Financial Planning process; and

(3) To delegate the authority to make decisions required to progress the Waste Strategy to the Executive Member for Sustainability and the Environment, subject to budget availability.

32 ANNUAL YOUTH JUSTICE PLAN (Report 17).

Councillor Vic Pritchard introduced the report and acknowledged the success of the service in implementing last year's priorities.

Rationale

The principal aim of the youth justice system is to prevent youth offending. The Youth Justice Plan sets out priorities in respect of this objective.

Other Options considered

None. Submission of the Youth Justice Plan to the Youth Justice Board for England and Wales is a statutory requirement.

On a motion from Councillor Vic Pritchard, seconded by Councillor Paul Crossley, it was

(1) To recommend the Youth Justice Plan 2005-6 to Council as part of the Policy and Budget Framework, to approve in fulfilment of Section 40 Crime and Disorder Act 1998;

(2) To endorse the actions set out in the Plan as priorities to reduce youth offending; and

(3) To ask the relevant Overview and Scrutiny Panel to monitor performance in December 2005.

33 REVENUE & CAPITAL OUTTURN 2004/05 (Report 18).

Councillor Malcolm Hanney introduced the report and highlighted the good outturn result.

Rationale

The recommendations made are based upon the budget management scheme and a consideration of the Council's latest financial position.

Other Options considered

Appendix 4 of the report lists all options that can be considered in making a decision on carry forwards and write offs in 2004/05 budgets.

On a motion from Councillor Malcolm Hanney, seconded by Councillor Colin Darracott, it was

RESOLVED

(1) To note the provisional revenue Outturn for 2004/05 in Appendix 2 of the report at £1,256,000 under spent, rather than the previously reported and expected overspend of £133,000 in January and £81,000 in February 2005;

(2) To agree the carry forward proposals in the tables in Appendix 4 of the report as exceptions to the budget management scheme;

(3) To agree that the recommended provisions detailed in Appendix 1 of the report, (paragraphs 1.6 and 1.15 and 1.16) are earmarked in revenue balances;

(4) To agree that any resulting surplus arising from decisions made should be set aside and carried forward into the 2005/06 revenue risk contingency budget for potential additional unavoidable costs in 2005/06;

(5) To note the final position of the 2004/2005 capital programme (Appendix 5 of the report);

(6) To approve the adjustments to and incorporation of additional funding to the 2004/2005 capital programme as detailed in Appendix 1 (paragraph 1.8) of the report; and

(7) To note the final position of available capital resources, and delegate responsibility for agreeing the carry forward of capital underspends arising in 2004/05 to the Head of Finance & Resource Planning, in consultation with the Executive Member for Resources (Appendix 1, paragraph 1.11 of the report).

34 LEISURE & CULTURE 4 MONTHLY PERFORMANCE REPORT (Report 19).

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

RESOLVED to note the report.