Agenda and minutes

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Items
No. Item

90.

Welcome and introductions

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Minutes:

The Chair welcomed everyone to the meeting.

91.

Emergency Evacuation Procedure

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

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Minutes:

The Senior Democratic Services Officer drew attention to the evacuation procedure as set out in the Agenda.

92.

Apologies for Absence

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Minutes:

There were no apologies for absence.

93.

Declarations of Interest

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.

Additional documents:

Minutes:

There were none.

94.

To Announce any Urgent Business Agreed by the Chair

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Minutes:

There was none.

95.

Questions from Public and Councillors

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.

Additional documents:

Minutes:

There were 10 questions from Councillors and 2 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.]

Appendix 1 pdf icon PDF 121 KB

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96.

Statements, Deputations or Petitions from Public or Councillors

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.

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Minutes:

The Chair informed the meeting that all registered speakers asked to address the Cabinet before the relevant agenda item.

97.

Minutes of Previous Cabinet Meeting pdf icon PDF 120 KB

To be confirmed as a correct record and signed by the Chair

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Minutes:

RESOLVED that the minutes of the meeting held on Wednesday 10th February 2016 be confirmed as a correct record and signed by the Chair, subject to the following amendment:

 

·  Page 9, paragraph 5 should read: ‘Councillor Charles Gerrish highlighted these Key Priorities within the budget….’

98.

Consideration of Single Member Items Requisitioned to Cabinet

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

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Minutes:

There were none.

99.

Single Member Cabinet Decisions Taken since Previous Cabinet Meeting pdf icon PDF 61 KB

This report lists Cabinet Single Member decisions taken and published since the last Cabinet meeting.

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Minutes:

The Cabinet agreed to note the report.

100.

Matters Referred by Policy Development and Scrutiny Bodies

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.

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Minutes:

The Chair informed the meeting that Scrutiny Inquiry Day findings, conduct by the Communities, Transport and Environment Policy Development & Scrutiny Panel (CTE PDS), would be considered under agenda item ‘Receipt of information requested by Council on the Park & Ride/East of Bath Transport issues.  Councillor John Bull would have an opportunity to address the Cabinet as the Chair of the CTE PDS Panel.

101.

Receipt of information requested by Council on the Park & Ride/East of Bath Transport issues pdf icon PDF 75 KB

The Council on 12th November 2015 resolved in relation to the east of Bath Park and Ride proposal to:

 

Call for the Communities, Transport and Environment Policy Development & Scrutiny   Panel to undertake an open and transparent public scrutiny, examining a wide range of   integrated transport solutions for the east of Bath; and

 

Ask that the cross-party Local Development Framework Steering Group review all the options for the location of an east of Bath Park & Ride prior to Cabinet selecting a   preferred site early next year, giving due consideration to the following:

 

  responses received to the east of Bath Park& Ride consultation;

 

  feasibility and deliverability of each site option;

 

  costs associated with each site option;

 

  transport benefits of each site option; and

 

  visual impact of each site option.

 

It is recommended that Cabinet note the reports outlining the findings and conclusions from the Communities, Transport and Environment Policy Development & Scrutiny Panel Inquiry Day and the sites review undertaken by the LDF Steering Group; in order to help their deliberations in determining the recommended solution to the transport issues to the east of Bath.

Additional documents:

Minutes:

The Chair informed the meeting that he would first invite registered speakers to address the Cabinet.  Councillor John Bull would then address the Cabinet as the CTE PDS Panel Chair. 

 

Barry Henderson, Secretary of the Federation of Bath Residents' Associations, read out a statement [a copy of which is attached to the Minutes as Appendix 2 and on the Council's website] where he said that FOBRA had welcomed the integrated transport solution achieved in the Bath Transport Strategy, which was agreed by all parties on the Council in November 2014 and endorsed by the results of the general and local elections a year ago.  There was a need for eastern Park and Ride which may not be the most important part but was an essential part of the overall Strategy, and FOBRA asked the Cabinet to press ahead with it.

 

Andrew Lea said that the Cabinet should make a decision by taking into consideration correct information provided by their officers.  However, according to Andrew Lea, officers had used an out of date data and had not acknowledge that capacity of existing Park and Rides were only at its highest due to predictable events.  Andrew Lea added that Transport department had overlooked revised guidance by DEFRA and concluded that the Cabinet has moral and legal requirement to make their decision against Park and Ride east of Bath.

 

Annie Kilvington said that the Council had misinterpreted the law related to air quality management and added that planning department cannot accept an application if an emission exceeds legal limits.  Annie Kilvington also said that the Council had not used data submitted by the Bathampton Meadows Alliance (Alliance) and urged the Cabinet to reject east of Bath Park and Ride report.

 

Tim Williams said that reports presented to the Cabinet had had omissions and shortcomings.  Tim Williams also said that Park and Ride east of Bath had not been decided and that many towns and cities were moving away from Park and Ride concept.  Tim Williams concluded his statement by saying that single Scrutiny Inquiry Day on the subject of Park and Ride was not enough and held at inconvenient time, and the report had failed to mention quite few important issues, including evidence from Alliance. Tim Williams asked the Cabinet to consider those issues before making their decision on the Park and Ride.

 

Christine Boyd said that report from the Local Development Framework (LDF) group had showed that the Park and Ride was unaffordable, taking into consideration that the whole project would cost the Council £12m.  Christine Boyd also said that this would be poor value for money and it would take only 5% of traffic from London Road.  Christine Boyd also commented that the Council had used out of date evidence and urged the Cabinet to make reasonable decision on this matter.

 

Nicolette Boater read out a statement [a copy of which is attached to the Minutes as Appendix 3 and on the Council's website].

Councillor Dine Romero said that she  ...  view the full minutes text for item 101.

Appendix 2 pdf icon PDF 77 KB

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Appendix 3 pdf icon PDF 66 KB

Additional documents:

102.

Youth Justice Plan pdf icon PDF 66 KB

The Local Authority has a statutory duty, in consultation with key partner agencies, Health Police and Probation, to produce an annual Youth Justice Plan. The Plan sets out how youth justice services are to be composed and funded, how they will operate and what functions they will carry out to prevent youth offending and re-offending across Bath and North East Somerset.

Additional documents:

Minutes:

Councillor Michael Evans thanked the author of this report.  Councillor Evans informed the meeting that the Council has a statutory obligation to publish a Youth Justice Plan.  The principal, statutory aim of the youth justice system was to prevent youth offending by 10-17 year olds.  The Youth Justice Plan reviews the positive progress made last year in work with young people at risk of offending and re-offending and with their parents/carers and victims and sets out how services are to be resourced and delivered in 2016-17.   Actions in the work plan would contribute to making Bath and North East Somerset a safer place and to helping young people work towards more positive, crime-free outcomes.

 

Councillor Michael Evans moved the recommendations.

 

Councillor Patrick Anketell-Jones seconded the motion by saying that he was happy to support adoption of the Youth Justice Plan.  As lead partner, the Council would continue to support the work of all agencies involved in the youth justice system, to prevent young people from offending. Councillor Anketell-Jones was particularly pleased to see the positive reduction in the number of young people coming into the youth justice system for the first time.

 

It was RESOLVED that the Cabinet recommends adoption of the Youth Justice Plan as part of the Council’s Policy and Budget Framework and notes this can be accommodated within the Council budget.

 

The Cabinet also recommends the Youth Justice Plan to Council as fulfilling the requirements of the Crime and Disorder Act 1998 and agrees it can be submitted to the Youth Justice Board for England and Wales.

103.

Primary and Secondary School Organisation Plan 2015 - 2019 pdf icon PDF 85 KB

The Council has a statutory duty to secure sufficient school places for every child resident in the Local Authority who requires a place. The Primary and Secondary School Organisation Plan 2015 – 2019 at Appendix 1 outlines the current level of primary and secondary provision in the Authority, detailed projected pupil numbers over the next four years up to admissions in September 2019 based on births and resident population data and outline pupil numbers up to 2029 as a consequence of the future planned housing development in the Authority. Estimates for the number of school places likely to be required as a result and how and where these might be provided are also included.

Additional documents:

Minutes:

Councillor Michael Evans said that Local Authority would still retainthe legal responsibility for pupil place planning in its area.  In order to do this effectively the Local Authority would have to identify where new school places would be required as a result of underlying population growth or pupils generated from new housing development, how much additional provision would be required and when.  This additional provision might be provided via Basic Need funding from the Government or Developer Contributions or CIL as a result of new housing developments.  The Plan would serve as a useful planning tool to identify areas and levels of need, when investment in places would be needed and also to inform discussions with Developers.

 

Councillor Michael Evans moved the recommendations.

 

Councillor Tim Warren seconded the motion by saying that he was happy to support this plan to increase primary school provision in the district as part of the £7 million investment in local primary schools.  The Council would constantly review school place provision to ensure meeting the needs of local parents and children over the coming years.  The Council must ensure the right number of school places in the right locations to meet the needs of a growing population and the demands created by new housing development, whilst at the same time supporting parental preferences.

 

Councillor Charles Gerrish said that two new schools would open in September 2017 and asked for a clarification on whether those two schools would have just reception classes or they would be whole schools.  Councillor Gerrish also asked if the Head of the School would be appointed for those two schools before they open.

 

Councillor Michael Evans responded that, for both schools, school structure would be as a whole.  The Local Authority would take into consideration birth dates and anticipated needs though it would be expected that both schools would start from Reception and Year 1 classes first, and grow over years.  Councillor Evans also said that Heads of both schools would be appointed before schools open.

 

RESOLVED (unanimously) that the Cabinet:

 

1.  Approved the proposed strategy for the provision of school places within the 2015 – 2019 plan period.

2.  Approved the proposed strategy for the provision of school places over the longer term within the Core Strategy plan period.

104.

97/101 Walcot St : Genesis Trust pdf icon PDF 154 KB

At the meeting on 9 September 2015 the Cabinet resolved (Appendix 1: E2784) to request that a further report be brought back to Cabinet within the following 4 months to consider and approve that the provisions in 5.7 had been satisfied.

The provisions in 5.7 are set out in full in this report and in summary the requirement is to identify more fully the social objectives which are to be delivered from these premises in favour of the community.

This is the first available Cabinet meeting for this report to be made.

Additional documents:

Minutes:

Councillor Dine Romero asked for an assurance that this Cabinet was satisfied that the original decision, that had been made by previous Administration, was properly made and in accordance with Council’s procedures.  Councillor Romero also said that this project demonstrated that the value of services to be delivered by Genesis was equal to, or greater than the rent abatement and that the cost benefit ratio demonstrated clear overall benefit to the public.

 

Councillor Charles Gerrish said that on 9th September 2015 the Cabinet resolved to request that a further report be brought back to Cabinet to consider and approve that the provisions in the original report were satisfied.  The original decision that had been made by previous Administration, was properly made and in accordance with Council’s procedures.  The value of services to be delivered by Genesis was equal to, or greater than the rent abatement.  The cost benefit ratio demonstrated clear overall benefit to the public.  The capital input of £100,000 was approved and included in the 2014/15 Corporate Capital Estate Planned Maintenance cost plan and this has been carried forward into 2016/17.  Councillor Gerrish welcomed the expansion of the Genesis Life Skills project and also establishment of a new ‘social enterprise’ project named ‘Acacia’.

 

Councillor Charles Gerrish moved the recommendations.

 

Councillor Vic Pritchard seconded the motion by saying that he was happy to support the grant of a lease to the Genesis Trust, particularly in light of the further information provided within this report.  The benefits that the Genesis Trust would be delivering to the community were incredibly worthwhile and the Council is pleased to support this by offering a rental concession.  The cost/benefit analysis had demonstrated a clear overall benefit to the public.

 

RESOLVED (unanimously) that the Cabinet agreed to:

 

1)  Reconfirm authority, first approved in the Single Member Decision E2741 dated 11th February 2015, that the Corporate Property Officer be authorised to enter into an agreement for lease leading to grant of a lease based on the agreed heads of terms. The structure of the transaction has been amended however and the contract will be a direct lease to commence from date of exchange.

2)  Note that:

a.  Assessment work undertaken has demonstrated that the value of services as a result of the Community Asset Transfer if externally procured is at least equal to or greater than the value of the rent abatement (£20,000pa)

b.  A separate cost/benefit analysis has demonstrated a clear overall benefit to the public purse from the asset transfer project

3)  Adopt and agree the Social Objects to be delivered as a result of the Community Asset Transfer and to note the arrangements for monitoring and review

4)  Note the range of uses that are considered inappropriate for the environment as stated in the Social Objects part of the report.