Agenda and minutes

The Chair, Cllr Kevin Guy, welcomed everyone to the meeting.

The Chair will draw attention to the emergency evacuation procedure as set out in the notes.

The Chair drew attention to the evacuation procedure as set out in the agenda.

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.

There were no declarations of interest.

There was no urgent business.

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 35 questions from Councillors and no questions from members of the public.

Cllr Dr Kumar asked supplementary questions relating to question M1 and these are set out in Appendix 1 along with the responses.

Cllr Dr Kumar also raised an issue regarding the receipt of responses to the questions.  He was concerned that if responses are provided only one hour before the meeting there is not sufficient time for councillors to decide whether they wish to ask supplementary questions.  The Monitoring Officer confirmed that in future officers will endeavour to provide responses at around 5pm on the day before the Cabinet meeting.

[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.  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.

Members of the public and Councillors made statements as follows:

·  Zhenya Shkil (Bath Ukraine Solidarity Campaign) – Situation in Ukraine (a copy of which is attached as Appendix 2 to these minutes).

·  Theresa Franklin – The High Common (a copy of which is attached as Appendix 3 to these minutes).

·  Sylvia Sinclair – The future of the High Common/Approach Golf Course (a copy of which is attached as Appendix 4 to these minutes).

·  Rachael Hushon – Procurement process for the High Common (a copy of which is attached as Appendix 5 to these minutes).

·  Adam Reynolds – Park & Ride Bus Contract (a copy of which is attached as Appendix 6 to these minutes).

·  Cllr Vic Pritchard – Journey to Net Zero (a copy of which is attached as Appendix 7 to these minutes).

·  David Redgewell – Transport Issues (a copy of which is attached as Appendix 8 to these minutes).

Some members of the public were asked factual questions by the Cabinet Members, in order to clarify details mentioned in their statements.

The Cabinet is asked to confirm the minutes of the following meetings as a correct record:

Informal virtual Special Cabinet meeting – 31 March 2022

Informal virtual Cabinet meeting – 31 March 2022

Special Cabinet meeting – 1 April 2022

Cabinet meeting – 1 April 2022

RESOLVED that the minutes of the following meetings be confirmed as a correct record and signed by the Chair:

Informal virtual Special Cabinet meeting – 31 March 2022

Informal virtual Cabinet meeting – 31 March 2022

Special Cabinet meeting – 1 April 2022

Cabinet meeting – 1 April 2022

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.

The Cabinet is asked to formally adopt the Journey to Net Zero: Reducing the Environmental Impact of Transport in Bath plan.

Cllr Sarah Warren introduced the report, moved the officer recommendation and made the following statement:

“In 2014, with cross party support, Bath & North East Somerset Council approved the Getting Around Bath Transport Strategy, setting out a vision and objectives for transport in Bath that recognised the importance of reducing carbon emissions, as well as restricting the intrusion of vehicles into the historic city centre. Following the council’s climate emergency declaration in 2019, Journey to Net Zero builds on that Strategy to flesh out a vision of a new transport system that will dramatically reduce transport carbon emissions from their current level of 29% of B&NES’ total. Transport is one of our top three priority areas for carbon reduction. Whilst this particular plan focuses primarily on the historic City of Bath with its unique transport challenges, it recognises throughout the importance of travel corridors between the city and the wider district.

We are all used to the convenience of driving our vehicles anywhere and at any time, but in the coming years, we need to make big changes to the way we move around. We understand, of course, that many people currently have no choice but to use their cars, as they don’t have safe cycle routes or footways they can use, or a suitable bus service. This plan provides a route map that will support future development of the facilities they will need, and as projects identified in this plan are developed, we will aim to quantify their carbon impacts.

This journey has already begun. We are already pursuing an ambitious, wide-ranging programme of projects, including construction of cycle lanes on Upper Bristol and Beckford Roads funded through the government’s Active Travel Scheme. We were also delighted to receive substantial funding to support the transport transition earlier this year, through both the City Region Sustainable Transport Fund, and the Bus Service Improvement Plan. However, we will need still further support from government (whose environmental aspirations still fail to take the Committee for Climate Change’s latest advice seriously enough) - in the form of both investment and local powers - to create a transport system fit for a climate emergency, as outlined in the plan before you this evening.

Our vision for transport into, out of, and around Bath will bring enormous benefits in other areas of life, too. We will see improvements in public health from reduced air pollution, and through routinely building exercise into our day, when we commute more actively. We will see students able to travel independently to school on safe cycle lanes and footpaths, or by bus, setting up good habits for life. We will provide secure cycle storage, with more opportunities to share, buy and lease bikes and e-bikes. And we will see pleasanter public and residential spaces for people to enjoy spending time in, as more of us find we have a practical alternative and choose to leave our vehicles at home.

Our heritage assets will be better preserved, and can be better  ...  view the full minutes text for item 67.

Local Authorities in England can now apply to the Department of Transport (DfT) for powers to enforce moving traffic offences such as banned turns; box junctions; and driving in formal cycle lanes, offences currently only enforceable by the Police. The report seeks approval to apply to the DfT for these powers so that the Council may use them to fulfil its statutory responsibilities and improve the management and safety of the road network, particularly in locations where enforcement action by officers may be deemed impractical.

The report also outlines the Council’s approach to the consideration of locations for moving traffic enforcement using Automatic Number Plate Recognition (ANPR) enforcement cameras in line with the new regulations (under Part 6 the Traffic Management Act 2004) and Secretary of State Guidance.

Cllr Manda Rigby introduced the report, moved the officer recommendation and made the following statement:

“I am pleased to be proposing this motion to you today and would first like to thank the officers across Parking Services and our Traffic Management teams for their efforts in delivering these motions in time for the Government’s tranche 1 deadline in few weeks’ time.

At the end of this month new regulations come into effect which will give councils in England the powers to use ANPR cameras to enforce a range of moving traffic restrictions, which include yellow boxes; banned turns; and no entry.  Councils in London and Wales have already been using these legal powers for many years, whilst in Bath & North East Somerset as with the rest of England, we have remained reliant on the Police diverting valuable resources away from more serious crimes the actions of a small minority of motorists that feel it’s okay to ignore these restrictions are to be addressed.

Having these powers will provide a consistent approach to how we can educate motorists that make simple mistakes, or those that maybe don’t understand the restrictions across England and Wales, which is of benefit to the millions of visitors that come to see world famous heritage we have to offer.  Being able to take proactive action ourselves to engage with these motorists will increase their awareness and help protect the safety of all road users, especially the vulnerable, and help keep public transport and other traffic moving on our busy roads.

We heard from drivers during the consultation about their concerns that these powers will be used to punish motorists that make a mistake or to raise funds for the council.  We have carefully considered these concerns and I must stress that the approach that we have developed to using these new powers focusses on community engagement and motorist education.  We will always consult before cameras are installed.

Indeed, our aim is to ensure that we engineer and sign these restrictions so that cameras are not required, but in some locations, it may be necessary to use them so that we can then improve driver behaviour and compliance by contacting drivers directly with a warning notice the first time they contravene a restriction at each location for the first six months that it has cameras installed.

We must remember that these are existing restrictions that all drivers are required to comply with. 

The safety of school children and their families should always be a priority and in consultation with local communities, moving traffic powers may provide further opportunities to achieve this aim in different ways to meet a community need.

I am very pleased to move this motion, and hope that you can all support it.”

The motion was seconded by Cllr Sarah Warren who made the following statement:

“I fully support this proposal. In particular, these powers will open up the possibility of introducing school streets. These are roads outside a school with part time restrictions  ...  view the full minutes text for item 68.

This report updates the Cabinet on progress made in delivering the Council’s Corporate Strategy 2020-24 and the response to the Covid-19 pandemic.

Cllr Kevin Guy introduced the report and moved the officer recommendation.  He thanked all Council staff who have continued to serve residents and have worked extremely hard in exceptional circumstances.

He was pleased to see exceptional recycling levels and noted that the Council has been ranked 15^th out of all 338 local authorities in England for its household recycling rates.  He also highlighted the provision of a walking and cycling trail around the Chew Valley Lake, and the start of the first Council house building in the area for many years.

Cllr Richard Samuel seconded the motion and stressed the importance of the performance reports to provide information on action being taken by the Council.  He highlighted the support that has been provided for businesses during this period and noted that trade is now back to 2019 levels.

Cllr Dine Romero also spoke in favour of the motion and made the following statement:

“I am delighted that this paper recognises the significant improvements that children services has delivered since the previous inspection in 2017 especially against the background of the pandemic in last two years and the rising level of need. Council staff in B&NES along with statutory partners and community groups have remained focused on the most vulnerable members of the community to deliver an extensive range of services that are having a positive impact on the lives of children, young people and their families.

Ofsted judged these services as good and in awarding this judgement recognised the substantial investment by both political and senior leaders.  

I’d like to formally add my thanks to everyone in children services and all those who offered their insights to Ofsted during the weeks inspection that led to this judgement.  

The report recognises the extraordinary efforts made in response to Covid 19. I would also like to thank all those who have been at the frontline of delivering the council’s response to the pandemic, whether that was in offering testing, pop up vaccination clinics, creating PPE as all those who have been involved in the operation and delivery of the huge number and depth of services and support from the community wellbeing hub. The hub received almost 18,000 calls from residents needing help since it was established in 2020.

The report also highlights how, over recent months, the council has built on its experience of resettling Syrian and Afghan refugees to provide a co-ordinated response to welcome Ukranian refugees to B&NES. 

Again, these has involved working with a wide range of services and partners, including schools, local health services and groupssuch as Julian House and Bath Welcomes Refugees. As well as residents and I thank them all for all their help and support.

I am happy to support this paper because of the good work that the council and partners have achieved despite the unprecedented challenges of the last two years.”  

Cllr Kevin Guy also thanked Cllr Samuel for producing a balanced budget in very difficult circumstances and  ...  view the full minutes text for item 69.

The attached report sets out the options available to the Council to renew the contract to run the bus services between the Park & Ride sites and Bath city centre.  This is due to the expiry of the existing contract in August 2022 that commenced in 2012.

Cllr Manda Rigby introduced the report, moved the officer recommendations, and made the following statement:

“The last time we undertook a process for awarding a park and ride contract was 12 years ago, and the world certainly in terms of park and ride provision was completely different. We believe that we had one of the, if not the, most advantageous contract in the country as we were fortunate in hitting the very high spot of the market.

Indeed, we tried to extend this contract, to give the market time to recover. But this was just not possible. To be clear, a nationwide lack of drivers, spiralling fuel costs, post pandemic patronage levels, the need for investment in new buses, is creating the perfect storm for all bus service providers.

I need to thank Cllr Richard Samuel and his team for helping us to continue a park and ride provision at all given the tender responses we received as right now, we are at the assumed bottom of the market.

We had lots of aspirations for enhancements to the service...different hours of operation, differential pricing, new routes, and I don't want to limit our ambition. The only way to do this is by doing as we are asking you to agree in this paper, i.e. having a gross cost contract. Basically, we take the risk, but we gain both flexibility and control. We fund the service but keep the fares.

To begin with, we will keep the service as is, with the exception of bringing weekend rates in line with weekdays whilst we anticipate, as does the market, that patronage will continue to get back to pre-pandemic levels even without us doing further promotion.

As performance improves, we can invest in further enhancements.

Traditionally the major usage of our park and rides is leisure rather than commuting so as a starter for 10, here's a largely untapped market.

As large employers move towards more hybrid ways of working for some staff, rather than funding workplace parking assuming as in the past all employees come in daily...

We can work with them to provide a flexible park and ride solution instead.

We can work with Bath rugby to stop the gridlock home matches cause by having a joint match/park and ride ticket.

We can work with the festivals likewise, indeed any large event can be encouraged to keep cars from unnecessarily coming to the centre.

We can trial different pricing. Price per car rather than per person, £1 flat fee at certain times, as examples.

We can alter hours of operation to make park and rides better for those attending theatre or evening hospitality.

We can look at how buggies and wheelchairs are catered for, how bikes may be transported, the possibilities are endless.

Ultimately what we want is a service which people choose as it's convenient, runs the hours they want, to the places they need to get to AND is the economically best choice rather than driving into the city  ...  view the full minutes text for item 70.

A Special Meeting of the Cabinet will take place on 26 May 2022.  The Cabinet is asked to agree:

“To use Executive Procedure Rule 4D, 20 to suspend the necessary rules to allow only questions and statements relating to the agenda item. “

This is to enable a focussed debate on the issue, and the usual public and councillor opportunities to engage with Cabinet will operate at the next scheduled meeting in July.

Cllr Kevin Guy explained that there will be a Special Cabinet meeting on 26 May 2022 to discuss the Community Health and Social Care Contract.

On motion by Cllr Guy, seconded by Cllr Born it was:

RESOLVED (unanimously) to use Executive Procedure Rule 4D, 20 to suspend the necessary rules to allow only questions and statements relating to the agenda item.