Meeting documents

CABINET MEETING 14^th May 2008

REGISTERED SPEAKERS

QUESTIONS AND ANSWERS - COUNCILLORS

01

Question from:

Councillor Nigel Roberts

Does the council make any provision for the replacement of benches along the cycle path Bath to Bitton?

Answer from:

Councillor Charles Gerrish

The Council is responsible for the benches along the cycle path up from the city up to Newbridge (Bath City boundary)and has recently refurbished these on the recent Deep Clean Keep Clean Day.

We have not in the past had responsibility for the benches on the cycle path between Newbridge and Bitton but are currently liaising with the Avon Valley Partnership so that we can establish what is required and assess whether we can take on responsibility for replacement or refurbishment within existing resources.

02

Question from:

Councillor Nigel Roberts

In formulating our housing policy, what legislation and what guidance from government departments do we take into account?

Answer from:

Councillor Vic Pritchard

Housing Policy encompasses a particularly wide range of areas and subjects, some of which are particularly technical. As such, the legislation, guidance and best practice that we take into account when formulating policy, in the form of strategies, policies and working practice is also very wide ranging and comprehensive. It is therefore not realistic to detail all such documents in this response.

However, the key Housing Acts are the Housing Act 2004 (includes assessment and enforcement of housing standards, the licensing of houses in multiple occupation, selective licensing of other accommodation, empty dwelling management orders, home information packs, overcrowding, mobile homes, gypsy and travellers etc.) and the Housing Act 1996 as amended by the Homelessness Act 2002 (includes allocation of accommodation, homelessness & homelessness strategies, tenancies and housing management) Other relevant housing acts include the Protection From Eviction Act 1977, Housing Act 1985 and Housing Act 1988.

There is a plethora of housing guidance from Government departments on a range of housing issues. However, some of the key documents in recent years include: Lifetime Homes, Lifetime Neighbourhoods - a National Strategy for Housing in an Ageing Society; Ends and Means: The Future Roles of Social Housing in England; The Cave Review; Choice Based Lettings Review; Homes for the future: more affordable, more sustainable. In addition there have been a large number of government guidance publications on the prevention of homelessness.

03

Question from:

Councillor Nathan Hartley

a) Can the Cabinet Member for Children's Services confirm that Bath and North East Somerset Council has agreed to fund:

1) The salaries of three youth workers for the youth centre in Timsbury?

2) Any building costs towards the youth centre in Timsbury?

b) Why has the Council suddenly made a u-turn in deciding to invest this money into Timsbury Youth centre when just last year it was on the `hit-list' of closures along with Oddown and Laterz in Midsomer Norton?

c) I understand the money has been released by the Council to the YMCA to run the centre. Will Bath and North East Somerset be commissioning the YMCA to staff and manage Oddown and Midsomer Norton youth centres also?

Answer from:

Councillor Chris Watt

A transition grant has been made to the YMCA of £6500 to fund the provision of youth work one night a week for 2008/09. The grant was made on the basis that the YMCA and the local management committee would also fund one night per week. Arrangements are being made for this. The transition grant will give the local association time to raise future funds from other sources.

No funds are being supplied for building costs. The YMCA is the freeholder of the premises used and has undertaken to work with local interests to maintain its availability.

The Council has made the transition grant to help the local committee, with its partners, to continue to make provision for local young people.

The Council has not commissioned the YMCA to run this youth centre and will not be doing so in respect of Odd Down or Midsomer Norton. A new community association is being formed (on 22nd May) to develop wider use of the Odd Down Youth Centre site. The association is pursuing external funding to enable continued youth work on this site.

Supplementary Question:

Why did the Council give a transitional grant of £6.5k to Timsbury Youth Centre when other youth centres also need cash?

Answer from: Councillor Chris Watt

It has always been the Council's intention that local communities should come into partnership with the Council for youth provision. An agreement had been achieved with the community in Timsbury so the transitional funds were made available.

04

Question from:

Councillor Nathan Hartley

I have been contacted recently by members of the young person-led group YouthBank. They would like me to, on their behalf, ask the following question:

Could the Cabinet Member for Children's services tell us why, despite being formally invited, he did not attend the YouthBank annual cheque giving event held at the Guildhall on March 28th 2008? Members of YouthBank were saddened by your absence.

The young people who organised the event put a lot of effort into the evening, but were disappointed that despite not coming you did not send your apologies. Yet you were quoted in the Bath Chronicle on Thursday 3rd April saying:

"Bath and North East Somerset Council is delighted to be able to support so many young people through YouthBank."

Over the past 12 months Youth Bank has given £160,000 away to youth projects proving it to be one of the most successful youth initiatives in the District. It is something all Members of the Council should take pride in and a number of Councillors, including myself, did attend the March 28th event.

The members of YouthBank are keen to hear your response.

Answer from:

Councillor Chris Watt

This question was subsequently withdrawn so no response provided.

05

Question from:

Councillor Nigel Roberts

The Council is due an inspection (OFTSED) of Youth Services, please could the Executive member detail the state of preparation for the inspection and his views on how well we will do?

Answer from:

Councillor Chris Watt

All preparations have been undertaken and we welcome this Ofsted inspection and the opportunity it provides for an external evaluation of our youth work services. This is the first such inspection. The self assessment and the required documentary evidence was submitted to Ofsted in accordance with their timetable and they have commented positively upon the quality of this submission. The Inspector has completed her analysis week during which she undertook case studies and took the opportunity to observe some youth work sessions. The main site visit takes place during the week of 12th May and will form part of the Joint Area Review of Children's Services. I anticipate that the Youth Service inspection will confirm our strengths and our assessed areas for improvement, and the actions we have taken in respect of these.

06

Question from:

Councillor Neil Butters

Can the Cabinet member give an update on the situation of the Two Tunnels project as referred to in my question to May Council - has a response to technical questions been received from the Big Lottery Fund?

Answer from:

Councillor Charles Gerrish

We are in discussion with Sustrans about the detailed content of the Big Lottery Funds terms and conditions and any implications this may have for the Council.

In the event that this Council decides to act as "the client" in this project, we are advised that VAT may be reclaimable.

We shall now be making a recommendation to the Council's Project Programme Board, which meets at the end of May. This Board will then decide on the Council's role in the project.

07

Question from:

Councillor Roger Symonds

Can the Cabinet member give an update on progress towards implementing the Council resolution on stopping the use of bottled water in Council offices and at Council meetings as proposed by the Liberal Democrat Group and adopted by Council on 19 February 2008?

Answer from:

Councillor Francine Haeberling

Catering Services no longer provide bottled water to Council and committee meetings.

For other functions, e.g. officer meetings, bottled water is not supplied unless there are no sources of mains water available at that location

To replace bottled water coolers, the Divisional Directors Group decided that filters should be fitted to mains cold water supplies where possible. Surveys are currently taking place to work out the best solution at each location. In the interim we are advising that services can continue to buy water from Cotswold Coolers.

We are in contact with Cotswold Coolers to phase the removal of their equipment, which will take place as the alternatives are installed.

Groups or individuals will be contacted as sites are assessed.

QUESTIONS AND ANSWERS - PUBLIC

08

Question from:

Jane Brown, Bath Preservation Trust

The Bath Preservation Trust is aware that later this summer the Cabinet will consider the B&NES response to the Government's final proposals for amendments to the Regional Spatial Strategy for the South West. In the interests of informing public discussion of the very important issues raised by the RSS, could the Cabinet please respond to the following questions?

1) How many new dwellings have (a) been given planning permission and (b) been constructed within the Bath City boundaries since 1 January 2006?

2) How many new dwellings have (a) been given planning permission and (b) been constructed in the Parishes adjoining Bath City boundaries since 1 January 2006?

3) Will the Council publish the studies currently being undertaken on housing needs and housing capacity in sufficient time for interested organizations and individuals to assess them ahead of publication of the Secretary of State's proposals on the RSS, and ensure that their availability is widely publicized when they are put on the website?

4) How many (actual numbers and as a percentage of the total estate) Council-owned retail and other commercial premises in Bath are currently (a) vacant and (b) occupied for residential purposes on the upper floors?

5) How will the Asset Management Plan being considered on 14 May contribute to the Council's policy of ensuring residential use above retail property that it owns?

Answer from:

Councillor Charles Gerrish

1) Completions and permissions are monitored on a financial year, not calendar year basis:

2006/07

2007/08

Planning permission

122 dwgs

154 dwgs

Construction

218 dwgs

200-230 dwgs (estimate)

2)

2006/07

2007/08

Planning permission

3 dwgs

8 dwgs

Construction

9 dwgs

10 dwgs (estimate)

3) The Strategic Housing Market Assessment (housing needs) is scheduled to be available in June 2008 and the Strategic Housing Land Availability Assessment (housing capacity) is scheduled to be available in July 2008. It is understood that the proposed changes to the RSS will be available for public comment from July to October 2008. The conclusions of these studies, along with other studies, will inform the Council's response to the RSS changes in September 2008 and the development of the B&NES Core Strategy. Public Consultations on the Core Strategy is due to begin in November 2009 when the Council will publish Core Strategy Options. The Council will ensure that the studies are widely publicized and made available on the Council website and offices.

4) (a) There are a total of 28 units of accommodation , within Council ownership, in Bath, vacant as at 15 April. These range from whole buildings to individual shop units, offices or flats (12 retail, 7 office, 5 residential, 4 other). This comprises 3.2% of the total number of Council leased units within post code BA1. None of these units are permanently vacant. All are in varying stages of being relet and reoccupied.

(b) There are a total of 126 residential units on upper floors, all in central Bath. This represents 14.5% of all leases within the post code BA1.

This issue will be debated by the Overview and Scrutiny Panel at their meeting on Monday, which Jane Brown is welcome to attend to provide her input.

5) The Asset Management Plan provides a framework for ongoing challenge to assess the performance of assets and manage these assets in the most efficient and effective manner. The estates strategy which is to be produced pursuant to the AMP will identify "how assets will be developed to meet priorities, operational and service needs and outcomes for local communities." This strategy is to be produced during the year and will take into account all relevant policies and objectives.

09

Question from:

Jane Brown, Bath Preservation Trust

Bath Preservation Trust has called repeatedly for the publication of the Strategic Flood Risk Assessment for B&NES before planning decisions are made affecting the river basin. We note the publication of the Strategic Flood Risk Assessment for B&NES on 23rd April, though observe that this publication has not been widely promoted, despite the critical importance of this assessment for development along the Avon. We should be grateful if the Cabinet could answer the following questions:

a) In light of the emphasis in that document to consider very seriously the risks of development in Flood Zone 3 areas, is the Council confident that in approving the Dyson School of Innovation and Western Riverside Phase 1a they are acting in accordance with their own published guidelines, where the ultimate aim, through the Sequential Test, is `to steer new development to areas with the lowest probability of flooding'?

b) If the answer to this is that the Council ahs been satisfied that the specific flood risk assessments and mitigations proposed for these two developments in themselves are sufficient to meet the risks, can they describe how they will assess the cumulative effect of developments in these areas most at risk, and whether they anticipate that having permitted these developments, other areas - such as the later phases of Western Riverside - will be in turn less likely to be developed because of the continuing or possible increased flood risk?

c) In light of public and developer interest in this topic, is there to be a named B&NES `Custodian' (responsible officer) for the SFRA - responsibility currently lies with the Planning Policy department, but not a named officer (P3-2, Vol.3, SFRA)?

Answer from:

Councillor Charles Gerrish

a) As the Cabinet Member with responsibility for Customer Services, I am not involved in the making of decisions on individual planning applications - these decisions are a matter for the Council's Development Control (DC) Committee. That said, it is important to understand that the proposals for the Dyson School of Design Innovation have not yet been granted planning permission. Because of objections from the Environment Agency, the case has to be referred to the Secretary of State, and it will thus be her decision as to whether the DC Committee's support for the scheme will be endorsed. It is anticipated that the application documents will be forwarded to the Government Office in Bristol by the end of this week, and these documents will include all third-party comments, including the objections raised by the Environment Agency. In respect of the Bath Western Riverside proposals, the Environment Agency has written to confirm that it is satisfied that the flood mitigation works incorporated into that scheme are adequate to meet their requirements and to address the need to avoid an increased risk of flooding on other land.

b) The Council is required to consult the Environment Agency on all substantive proposals for development in areas at risk of flooding, as identified in the Strategic Flood Risk Assessment. The advice received from the Environment Agency will be used to guide the decision making process in order to minimise associated risks. By ensuring that each development proposal deals with its own flood implications, the question of cumulative impact can be readily addressed.

c) Responsibility for the Strategic Flood Risk Assessment rests with the Divisional Director - Planning and Transport, David Trigwell