Meeting documents

Cabinet
Wednesday, 7th December, 2005

BATH AND NORTH EAST SOMERSET COUNCIL

COUNCIL EXECUTIVE

Wednesday 2nd November 2005

PRESENT -:

Councillor Paul Crossley - Leader

Councillor Francine Haeberling - Social Services

Councillor Sir Elgar Jenkins OBE - Transport and Highways

Councillor Jonathan Gay - Children's Services

Councillor Gerry Curran - 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

77 WELCOME AND INTRODUCTIONS

The Chair welcomed everyone to the meeting.

78 EMERGENCY EVACUATION PROCEDURE

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

79 DECLARATIONS OF INTEREST

Councillor Jonathan Gay declared a personal, non-prejudicial interest in item 11 with reference to Connexions Day Care Centre.

Councillor Gerry Curran declared a personal, non-prejudicial interest in item 11 as a Member of Wessex Regional Flood Defence Committee.

Councillor Malcolm Hanney declared a personal, non-prejudicial interest in item 11 as Chair of the Primary Care Trust.

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

There were no items of urgent business.

81 QUESTIONS FROM PUBLIC AND COUNCILLORS

12 questions had been submitted from the following people;

Ian Thorn (x2), Councillor Colin Barrett (x2), Councillor Brian Barrett, George Bailey, Lynn Royse (x3), Andre Fournier, Stephen Porter and Dr Eleanor Jackson.

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

82 STATEMENTS, DEPUTATIONS OR PETITIONS FROM PUBLIC AND COUNCILLORS

Statements (for which due notice had been given) were made by Gavin Douglas (Bath Chamber of Commerce) , Annette Martin (Bath Aqua Glass) and David Hughes. All statements related to agenda item 12 - `Guildhall Car Park - Christmas market'. (Mr Hughes made his statement at the item - minute number 87 refers).

83 MINUTES: WEDNESDAY 5TH OCTOBER 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 5th October 2005 be confirmed as a correct record and signed by the Chair(person)

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

There were no items on this occasion.

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

There were no items on this occasion

86 RADSTOCK REGENERATION - LAND NEGOTIATIONS (Report 11).

Dr Eleanor Jackson made a statement hoping that the character of the centre of Radstock would be preserved and that any development would be for the use of all the community.

Councillor Colin Darracott introduced this report and explained that the project was now entering a crucial stage. Proposals were being progressed for a dramatic regeneration of the centre of Radstock and this report was to indicate the Council's support to the continuing negotiations with Norton Radstock Regeneration Company and Bellway. Councillor Darracott acknowledged the forthcoming report from the Victoria Hall Working party, which would be taken into consideration. Councillor Darracott also commended the work thus far from the Norton Radstock Regeneration Company and Council officers.

Councillor Malcolm Hanney explained that it was the intention for any proposals to be revenue and capital cost neutral.

Councillor Paul Crossley, while acknowledging that any proposals could be controversial, welcomed this report and the revitalisation it would bring to the area.

Rationale for the decision

This represents a one-off opportunity to work with Norton Radstock Regeneration company to consider utilisation of the Company's land value, in conjunction with Council land holdings, to achieve long term regeneration benefits for Radstock town centre.

Other options considered

The option of leaving NRR to work solely within its ownership boundary was considered. However, this was dismissed on the basis that it would fail to properly consider the regeneration requirements and opportunities in Radstock. This approach may also put at risk external investment, including potential investment from the Regional Development Agency which will require demonstration of an active Council role in planning and delivering comprehensive long-term regeneration.

The option of investigating the potential of Council sites at a later stage was considered. This was dismissed because, without the possibility of restructuring the centre/relocating existing uses through joint working with NRR, the potential of the Council's land would be greatly constrained and the regeneration impact would be substantially curtailed.

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

RESOLVED (unanimously)

(1) To agree that discussions continue with the Norton Radstock Regeneration Company to explore opportunities in respect of the potential for Council land-holdings in the centre of Radstock to contribute to regeneration of the town and enhanced public service delivery as set out in the report, on the basis that any proposal must be fully funded;

(2) That the Head of Property and Legal Services acts in a client liaison role to define the potential service provision and space content of a `civic building' on land owned by the Norton Radstock Regeneration Company, as the basis for considering the business case for this project; and

(3) That a report is subsequently made to the Executive setting out proposals and the business case.

87 GUILDHALL CAR PARK - CHRISTMAS MARKET (Report 12).

David Hughes from the Guildhall Market Traders' Association made a statement outlining the benefits of having a Christmas market and urging Councillors to support the recommendations.

Councillor Tim Ball also outlined the positive benefits to traders and the community that a Christmas market would bring.

Councillor Colin Darracott recognised the difficulties retail was going through and explained his view that the Council should do all it could to encourage and help the retail sector. Councillor Darracott acknowledged the issues of concern that had been raised and gave his assurance that these would be addressed as best they could.

Councillor Nicole O'Flaherty supported the proposal and the need to help small businesses as much as possible.

Councillor Malcolm Hanney, having regard to the Registration service, did not feel it was acceptable for the market to take place outside a room in which weddings would be taking place and, for this reason, indicated he would not be able to support the proposal.

Councillor Vic Pritchard commented on the fact that Bath Tourism Plus had chosen not to continue the market, indicating to him that it had not been a success. Councillor Pritchard also felt the proposal would have a detrimental effect on the weddings during that period.

Councillor Gerry Curran felt that if the market traders were keen to take this on, they should be given the opportunity. Councillor Curran welcomed the concessions that had already been made regarding the reduction of negative impact from noise and food.

Councillor Sir Elgar Jenkins explained that he would not be supporting the proposals. He did not feel that they would provide a long-term solution to the genuine problems faced by market traders.

Councillor Jonathan Gay felt that the market traders should be given an opportunity to try the idea. In his view,it would bring people into the city and add to their positive experience of visiting.

Councillor Paul Crossley welcomed the initiative and stressed the need to ensure that this would be compatible with weddings.

Councillor Francine Haeberling expressed concern about the weddings that had been booked for the proposed period of the market and regretted that she would not be able to support the proposal.

Rationale for the decision

The Guildhall Market Traders are, in common with retailers across the country, finding current retailing conditions poor, and are looking to the opportunity of the use of the car park during the period of the Christmas Market as a means of generating extra footfall into the Guildhall Market.

Bath Tourism Plus has indicated that a good food market in this location would help attract more visitors to the Christmas Market.

As there is a precedent for holding a market in this location and it would support the Guildhall Market traders who are tenants of the Council, it was decided that consent be given to the proposal subject to the use being properly controlled through both the statutory and contractual processes, so that it does not impact adversely on the surrounding occupiers or the public. The use of generators will not be permitted and the licence documenting the use of the car park will provide for it to be determined immediately if the tenant is in breach of the terms of the licence.

Other Options considered

Not agreeing the proposal.

On a motion from Councillor Colin Darracott, seconded by Councillor Nicole O'Flaherty, it was

RESOLVED

(1) That the Guildhall Market Traders' Association be given permission to run a market in the car park for the period of the 2005 Christmas market, subject to the following conditions;

(a) That planning permission and all other statutory consents are obtained and that all conditions (if any) are complied with fully before the market is set up;

(b) That all necessary street trading consents are obtained before the market is set up;

(c) That the Guildhall Market Traders' Association enter a licence with the Council documenting the agreed covenants and obligations of each party, including full operational details and arrangements for cleansing and security before the use is commenced;

(2) That the terms of the licence be settled by the Head of Property and Legal Services; such licence to prohibit the provision of seating in connection with the consumption of food purchased in the Guildhall market or its extension; and

(3) That alternative appropriate arrangements are made for the users of any displaced parking spaces for the disabled.

[The underlined section in resolution (1) above was proposed by Councillor Jonathan Gay and accepted by the mover of the motion.]

[The motion was carried; 5 FOR, 4 AGAINST]

88 CUSTOMER ACCESS PROGRAMME REPORT (Report 13).

Councillor Paul Crossley introduced this report, explaining that this process was changing the way the Council works and delivers services.

Councillor Malcolm Hanney supported the report, noted the complexity of the project and commented that it was right that it should be considered as part of the Corporate and Financial planning process.

Councillor Colin Darracott also supported this important initiative to improve the Council's support to the public.

Councillor Sir Elgar Jenkins expressed concern about the level of expenditure the programme would need and expressed the opinion that quality of service was more important to people.

Rationale for the decision

The Customer Access programme is corporate policy,and the work undertaken to date allows a phased introduction of the Programme. The experience of working with the Council's Planning Service indicates the cost, length of time and HR issues that will need to be taken into account for the programme to become successfully embedded.

Other options considered

It would be possible to slow down the programme so that a forty seat contact centre is reached later. However, this would mean that the benefits of the investments already made in IT particularly would not be realised. In terms of other work ongoing across the Council such as Work Smart and culture change, there would be a risk of losing the benefits of interdependencies if the programme was either implemented more slowly or more speedily.

On a motion from Councillor Paul Crossley, seconded by Councillor Malcolm Hanney, it was

RESOLVED

(1) To note the recommendation at paragraph 1.5 (a) of the Customer Access Programme (Appendix A to the report), and take it into consideration in the review of the Financial Plan and subsequent development of budget proposals for 2006/7; and

(2) To agree the recommendations at paragraph 1.5 (b) to (n) of the Customer Access Programme (Appendix A to the report).

[The motion was carried; 8 FOR, 1 ABSTENTION]

89 PSA PERFORMANCE REPORT (Report 14).

Rae Harris asked a question regarding the status of the sum of money allocated to Walcot street.

Councillor Paul Crossley explained that the Council was on track to achieve the "stretch" targets by March 2006 which would bring in performance reward grants for the Council.

Councillor Colin Darracott, in response to the question from Rae Harris, explained his understanding that a sum of money for improvements to Walcot street was in the capital programme and would be spent for that purpose.

Rationale for the decision

The PSA is an important source of extra funding for the Council and regular reporting on progress allows the early identification of areas of concern.

Other options considered

None.

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

RESOLVED (unanimously) to note the progress reported in Appendix A to the report.

The meeting ended at 11:25am

Chair(person)

Date Confirmed and Signed

Prepared by Democratic Services