Agenda and minutes

The Chair welcomed everyone to the meeting.

The Senior Democratic Services Officer drew attention to the evacuation procedure.

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting. Members are asked to indicate:

(a) The agenda item number in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or an other interest,  (as defined in Part 2, A and B of the Code of Conduct and Rules for Registration of Interests)

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officeror a member of his staff before the meeting to expedite dealing with the item during the meeting.

Questions submitted before the deadline will receive a reply from an appropriate Cabinet member or a promise to respond within 5 days of the meeting.  Councillors may ask one supplementary question for each question they submitted, up to a maximum of two per Councillor.

There were 33 questions from Councillors and 3 questions from members of the public.

[Copies of the questions and responses, including supplementary questions and responses if any, have been placed on the Minute book as Appendix 1 and are available on the Council's website.]

Councillors and members of the public may register their intention to make a statement if they notify the subject matter of their statement before the deadline.  Statements are limited to 3 minutes each.  The speaker may then be asked by Cabinet members to answer factual questions arising out of their statement.

Christine Boyd made a statement [a copy of which is attached to the Minutes as Appendix 2 and on the Council's website] related to east of Bath Park and Ride.

Christine Boyd also made a statement on behalf of Andrew Mercer [a copy of which is attached to the Minutes as Appendix 3 and on the Council's website] related to east of Bath Park and Ride.

Annie Kilvington made a statement [a copy of which is attached to the Minutes as Appendix 4 and on the Council's website] related to east of Bath Park and Ride.

Jo Hargreaves made a statement [a copy of which is attached to the Minutes as Appendix 5 and on the Council's website] related to Bath Community Academy.

Duncan Hounsell (Chair of the Keynsham & Saltford Liberal Democrats) made a statement [a copy of which is attached to the Minutes as Appendix 6 and on the Council's website] related to WoE Joint Spatial Plan.

Cllr Ian Gilchrist, Cllr Jasper Becker and Sarah Carney presented a petition to the Cabinet objecting to First Group’s re-routing of the U1 along Upper Oldfield Park, which has commenced without any consultation with the residents (note: the petition has been passed to the relevant Council department and copies of the petition and statements are available on the Minute Book in Democratic Services).

Nicolette Boater made a statement [a copy of which is attached to the Minutes as Appendix 7 and on the Council's website] related to Funding Approval for the Getting Around Bath Transport Strategy

RESOLVED that the minutes of the meeting held on Wednesday 19^th October 2016 be confirmed as a correct record and signed by the Chair.

This is a standard agenda item, to cover any reports originally placed on the Weekly list for single Member decision making, which have subsequently been the subject of a Cabinet Member requisition to the full Cabinet, under the Council’s procedural rules

This is a standing agenda item (Constitution rule 14, part 4D – Executive Procedure Rules) for matters referred by Policy Development and Scrutiny bodies.  The Chair of the relevant PDS Panel will have the right to attend and to introduce the Panel’s recommendations to Cabinet.

A list of Cabinet Single Member decisions taken and published since the last Cabinet meeting to note (no debate).

The Cabinet agreed to note the report.

At its meeting of 29^th June 2016, Cabinet resolved to proceed with the next stage of the Devolution Deal announced in March 2016. As part of that decision Cabinet approved the Governance Scheme for public consultation.

Cabinet also resolved to:

“d)  Authorise the Chief Executive to subsequently submit to the

Secretary of State;

i.  the Governance Scheme;

ii. the consultation responses received (or an appropriate

summary); and

iii. any further consultation response that the Council itself may

wish to make to the Secretary of State for the Department

of Communities and Local Government;

e)   Authorise the Chief Executive to make any minor amendments or

corrections to the governance scheme to enable publication of the

scheme for public consultation.

f)   Refer any resulting Order to Cabinet for approval.”

This report now provides Cabinet with an update of the actions taken since the 29th June, and asks Cabinet to consider the following recommendations.

Ian Bell (Bath Business Community) said that Bath Business Community were very keen to see the Devolution deal accepted.  It was the right thing to take the deal through the consultation with public and stakeholders, and the deal would give some certainty to the whole area.  Ian Bell concluded his statement by saying that some members of the Bath Business Community did not like the word, or concept, of Mayor though they had congratulated the Council on successful negotiations with the government in terms of the deal.

Councillor Robin Moss said that he was disappointed that the decision on Devolution would be taken by the Cabinet, and not the Council.  Councillor Moss felt that this was a major change in partnership work with other Councils, and for that reason the decision should be taken by the Full Council.  Councillor Moss concluded his statement by saying that, in general, Labour Group had approved principles of the Devolution.

Councillor Dine Romero expressed her concerns that, taking into account the importance of the matter, a short report on the Devolution was only available in the last few days.  Councillor Romero also expressed her concerns that only small portion of the population took part in the consultation.  Councillor Romero concluded her statement by suggesting that the Combined Authority should have a Chair and not a Mayor.

David Redgewell address the Cabinet as per his statement sent in advance of the meeting [a copy of which is attached to the Minutes as Appendix 7 and on the Council's website].

Trevor Osbourne also welcomed the Devolution deal and the retention of business rates.  Trevor Osbourne did express his concern on the fact that Bristol was built through trade and Bath through culture, and that we must recognise that two cities would have different needs.  Trevor Osbourne also expressed his concern on business rates retention in Bath by highlighting that culture, further education, voluntary sector, charity and small independent traders do not pay business rates.

Councillor Tim Warren said this was a key moment on what had been a long journey for the Council, and its neighbours, to ensure we get the best possible deal from Government for our residents now and for the future.  The paper had set out the draft order for the creation of the new West of England Combined authority which would be the vehicle for us receiving and delivering many of the powers and funding we had been lobbying and negotiating for over the last months.  The area had achieved the best deal, one that far outweighs any other devolution deal done elsewhere in the country.  In terms of protections for our area, we had secured more safeguards than any other deal in the country. This wasn’t an easy journey because Devolution involves central government giving up control on things and that was not easy for it to do. There was still a lot of work to be done so that we benefit from the deal.

Councillor Tim Warren moved the  ...  view the full minutes text for item 57.

Following the successful examination and referendum, this report seeks to make and bring into force the Englishcombe Neighbourhood Plan, so that it will be used by the Local Planning Authority to help determine planning applications within the Neighbourhood Area.

Councillor Liz Richardson said that The Localism Act 2011 had reformed the planning system to give local people new rights to shape the development of the communities in which they live.  The Act had provided for a new type of community-led initiative known as a Neighbourhood Development Plan which sets out the policies on the development and use of land in a parish or ‘Neighbourhood Area’.

The Council had a duty to assist communities in the preparation of Neighbourhood Development Plans and orders, to take a Plan through a process of examination and referendum, and to bring the Neighbourhood Plan into force.  In line with the Neighbourhood Planning Protocol (version dated 9th September 2015) the decision to make the Plan was for the Council’s Cabinet.

The referendum took place on the 15th September 2016, and there was a 25.9% turnout of the overall Neighbourhood Area electorate.  A majority (91%) were in favour of using the Englishcombe NDP to help decide planning applications in the Neighbourhood Area.

Councillor Liz Richardson moved the recommendations.

Councillor Patrick Anketell-Jones seconded the motion by welcoming the Englishcombe NDP as the 4^th plan adopted in Bath and North East Somerset. 

RESOLVED (unanimously) that the Cabinet agreed to make and bring into force the Englishcombe Neighbourhood Development Plan, as part of the Development Plan for the Englishcombe Neighbourhood Area, in accordance with Section 38A(4) of the Planning and Compulsory Purchase Act 2004 (as amended by the Localism Act 2011).

This report presents the financial monitoring information for the Authority as a whole for the financial year 2016/17 to the end of September 2016.

Councillor Andrew Furse addressed the Cabinet by expressing his concerns in overspend at some services within the Council, in particular in Children Services, Support Services and Community Services.

Councillor Charles Gerrish said that the report was presented as part of the reporting of financial management and budgetary control required by the Council.  The report had presented the financial monitoring information for the Authority as a whole for the financial year 2016/17 to the end of September 2016. The report had highlighted any significant areas of forecast over and under spends in revenue budgets, and the Council’s current revenue financial position for the 2016/17 financial year to the end of September 2016 by Cabinet Portfolio. The current forecast outturn position was for an overspend of £941,000 which equates to 0.30% of gross budgeted spend (excluding Schools).  Strategic Directors would work to manage their budgets within the overall allocations approved by the Council, and this would include the development of appropriate mitigating actions as the financial year progresses.

Councillor Charles Gerrish moved the recommendations.

Councillor Paul Myers seconded the motion by welcoming that the forecast outturn position had included the requirement for the delivery of £12.644m savings as part of the approved budget for 2016/17, a significant element of which had been confirmed as delivered.  The Council's financial position, along with its financial management arrangements and controls, were fundamental to continuing to plan and provide services in a managed way, particularly in light of the medium term financial challenge.  Close monitoring of the financial situation had provided information on new risks and pressures in service areas, and appropriate management actions were then identified and agreed to manage and mitigate those risks.

RESOLVED (unanimously) that the Cabinet agreed:

1)  Strategic Directors should continue to work towards managing within budget in the current year for their respective service areas and develop an action plan of how this will be achieved, including not committing any unnecessary expenditure and stringent budgetary control.

2)  This year’s revenue budget position is noted.

3)  The capital expenditure position for the Council in the financial year to the end of September and the year end projections are noted.

4)  The revenue virements listed for approval are agreed, and those listed for information are noted.

5)  The capital virements listed for approval are agreed, and those listed for information are noted.

In February 2012 the Council adopted the 2011 edition of the CIPFA Treasury Management in the Public Services: Code of Practice, which requires the Council to approve a Treasury Management Strategy before the start of each financial year, review performance during the year, and approve an annual report after the end of each financial year.

This report gives details of performance against the Council’s Treasury Management Strategy and Annual Investment Plan 2016/17 for the first six months of 2016/17.

Councillor Charles Gerrish said that the Full Council had received and noted this report on 10^th November 2016.

Councillor Charles Gerrish moved the recommendations.

Councillor Vic Pritchard seconded the motion.

RESOLVED (unanimously) that the Cabinet agreed:

1)  That the Treasury Management Report to 30th September 2016, prepared in accordance with the CIPFA Treasury Code of Practice, is noted;

2)  That the Treasury Management Indicators to 30th September 2016 are noted.