Agenda and minutes

The Chair welcomed everyone to the meeting.

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

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

Councillor Mark Shelford had sent his apologies for this meeting.

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.

Councillor Bob Goodman declared an 'Other' interest in agenda item 12 (Adoption of the Supplementary Planning Document on Houses in Multiple Occupation in Bath) as he had over the years done surveys for people with Houses in Multiple Occupation.

Councillor Paul May declared an ‘Other’ interest in agenda item 15 (Council and CCG Integration- Next Steps) as he was non-Executive Member of the Sirona Board.

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 9 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 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.

There were none at this point of the meeting.

RESOLVED that the minutes of the meeting held on Wednesday 11^th October 2017 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.

Bath has seen a significant increase in and concentrations of Houses in Multiple Occupation (HMOs) and private rented property over the last 10-15 years, with HMOs now being common residences for students, young people and others. The original SPD, providing the planning framework to assess planning applications for a change of use from dwelling house (use class C3) to HMOs (use class C4), was adopted in July 2013. Following a review of the performance of the original SPD including the evidence update and targeted engagement, revisions to the SPD are proposed.

Councillor Shaun Stephenson-McGall declared an 'Other' interest as he was an employee of University of Bath and trustee of Bath Spa University Student Union before making an ad-hoc statement.  Councillor Stephenson-McGall welcomed the report also said that previous administration had started this process and that there was still a lot of work to be done.  The Council would need to continue to work and listen to the community, and the Cabinet should set additional licensing so the students living in HMOs would not be ripped off.

Councillor Will Sandry made an ad-hoc statement as the Chair of the Planning, Housing and Economic Development PDS Panel.  Councillor Sandry said that the Panel had looked at the HMO matter and welcomed the consultation.  Councillor Sandry also said that Liberal Democrat Group had offered full support to the Council to address shortfall of housing and its close work with Universities in Bath.

Councillor Bob Goodman introduced the report by saying that the Council was not unique with the problem of HMOs though there were clearly far greater problems than many cities had had.  In light of the results of the public consultation, the updated evidence and the need for a precautionary approach taking into account the available data and to create awareness of the impact of high concentrations of HMOs, the Council is proposing amendments to the Supplementary Planning Document, as per report.  Councillor Goodman also said that he would not want to be seen as anti-universities or anti-student Member - the Council would continue to work closely with Universities on this matter.  Universities had been part of Bath success and students would always be part of the community but if the growth that Bath University would hope to is allowed to be fulfilled then this would be at the detriment of Bath and the wider B&NES area.

Councillor Bob Goodman moved the recommendations.

Councillor Charles Gerrish seconded the motion by highlighting positive work of the cross party working group.  Councillor Gerrish also said that he was pleased with the consultation outcomes and pointed that the Council would need to monitor growth of the HMOs.

RESOLVED (unanimously) the Cabinet agreed that:

1)  The Houses in Multiple Occupation in Bath: Supplementary Planning Document is adopted to supplement the Bath & North East Somerset Placemaking Plan, especially Policy H2;

2)  Responsibility is delegated to the Divisional Director for Development, in conjunction with the Cabinet Member for Development and Neighbourhood, to make final graphic and minor textual amendments prior to adoption of the Houses in Multiple Occupation in Bath Supplementary Planning Document.

This report recommends amendments to the Bath & North East Somerset Local Development Scheme (LDS) in order to update the Council’s priorities for the preparation of Planning Policy documents for the period 2017-2020.

Councillor Bob Goodman introduced the report by saying that the Planning and Compulsory Purchase Act 2004 as amended by the Localism Act 2011, requires all local planning authorities to prepare and maintain a Local Development Scheme (LDS).  The LDS was a programme for the production of Statutory Planning Documents that the Council had been preparing, or would intend to prepare. The LDS should be kept up-to-date and was last reviewed in May 2016.  The revised LDS would help in delivering social and affordable housing. 

Councillor Bob Goodman moved the recommendations.

Councillor Tim Warren seconded the motion by saying that the West of England Combined Authority would need additional housing though there would be a need for an adequate infrastructure to be built first.

Councillor Paul May said that although the document had suggested some welcome principles, he would not support this paper and would vote against the proposal.

RESOLVED that the Cabinet agreed:

1)  With the revised LDS 2017 – 2020.

2)  To delegate authority to the Divisional Director for Development, in consultation with the Cabinet Member for Development and Neighbourhoods to make minor amendments to the LDS for clarity and to correct errors.

3)  That the revised LDS will be effective from 10^th December 2017.

This report proposes changes to the arrangements for agreeing how B&NES Community Infrastructure Levy (CIL) income is spent.

Councillor Dine Romero made an ad-hoc statement by asking for an assurance that there would be no opportunity for CIL to be reduced by re-selling the development; that the Cabinet would seek other plans to fund affordable housing; and, what sort of projects would be supported from CIL.

Councillor Shaun Stephenson-McGall made an ad-hoc statement by saying that in Bath, which is unparished, CIL spend decisions would be made by Cabinet with the advice of the Bath City Forum and asked the Cabinet to take seriously an advice from the Forum.

At this point of the meeting Councillor Paul Myers declared an ‘Other’ interest on this report as he was Chair of the Midsomer Norton Town Council who would be recipient of CIL money.

At this point of the meeting Councillor Vic Pritchard declared an ‘Other’ interest on this report as Parishes within his Ward would be recipients of CIL money.

Councillor Bob Goodman introduced the report by saying that the Community Infrastructure Levy (CIL) had come into effect in B&NES on 6th April 2015 following adoption of the CIL Charging Schedule by Council on 17 February 2015.  CIL had largely replaced Section.106 contributions as developer-provided funding for infrastructure projects. Only Affordable Housing and site-specific requirements were now covered by s.106 obligations. Education, highways and other strategic schemes could be funded by CIL unless they entail on-site provision.  Based on the Core Strategy/Placemaking Plan growth trajectory, the forecast CIL income from housing development over the next 5 years should be around £13,300,000. However, this was an estimate and would depend on the actual rate of development.

Councillor Goodman also assured Councillor Stephenson-McGall that the Cabinet would take seriously any advice from the Bath City Forum in terms of CIL spend.  Councillor Goodman also said that report on CIL payments would be presented at the next meeting of the Cabinet.

Councillor Bob Goodman moved the recommendations.

Councillor Charles Gerrish seconded the motion by saying that the report had proposed changes to the arrangements for agreeing how CIL income is spent.  CIL allocations would be presented at the next meeting of the Cabinet.

The rest of the Cabinet welcomed the report outlining that this would be of community benefit. 

RESOLVED (unanimously) that the Cabinet agreed with the revised B&NES CIL Spend Protocol.

The purpose of this report is to describe, and seek agreement in principle, on the proposed future governance requirements for an integrated commissioning arrangement between B&NES Council and BaNES Clinical Commissioning Group (CCG).

Councillor Dine Romero made an ad-hoc statement by welcoming several points in the report, such as making system to work for residents without them knowing how it works and for efficient transitions from children to adult services.  Councillor Romero expressed her concerns that this plan would not deliver all of its aims and objectives and asked what would be payback to the Council taking into consideration estimated costs to support integration.  Councillor Romero also requested that the Health and Wellbeing Select Committee should continue to scrutinise integration and future processes and also spending of public money including the Better Care Fund.

Councillor Vic Pritchard introduced the report by saying that the Council and the local NHS had had a long history of constructive joint working.  Joint health and social care structures had been in place in B&NES since 2009, with commissioning arrangements implemented in that year and provider arrangements consolidated by the creation of an integrated health and social care provider in 2011.  This was supported by a formal Partnership Agreement that described how the then Primary Care Trust (PCT) and Council would work together to deliver improved outcomes for the population.

Joint financial arrangements, primarily pooled budgets, were implemented alongside the original joint structures and have expanded and developed since.  Following NHS reconfiguration, the CCG and Council reconfirmed their commitment to joint working and agreed a Joint Working Framework. The commissioning arrangements were reviewed and redesigned in 2013 in response to the creation of the CCG and the reaffirmation of the commitment by both CCG and Council to joint working and to the integrated commissioning and provision of services.  The overarching aim of this report was to describe the role the two key organisations, B&NES Council and BaNES CCG, could play in leading the extension and enhancement of integrated commissioning for the benefit of the population of Bath and North East Somerset and to create a more sustainable approach to the commissioning and provision of Health and Care going forward.

Councillor Pritchard also assured Councillor Romero that the Health and Wellbeing Select Committee would continue to be involved throughout this and future processes.

Councillor Vic Pritchard moved the recommendations.

Councillor Paul May seconded the motion by saying that the Council and BaNES CCG had worked well together.  Councillor May also highlighted support to families in order for children and young people getting help they needed.

Councillor Karen Warrington also supported the motion by saying that she was keen on integration which would bring positive impact on the health and wellbeing of the community. 

Councillor Tim Warren also supported the motion by saying that the Council had always been for integration with BaNES CCG and for an increase in prevention and early intervention.

RESOLVED (unanimously) that the Cabinet agreed to:

1)  Support the development of stronger integrated arrangements between the Council and CCG and approve further work to develop the governance proposals so that they can be taken forward to the full Council meeting in May 2018;

2)  ...  view the full minutes text for item 143.

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 2017/18 for the first six months of 2017/18.

Councillor Charles Gerrish introduced the report explaining that it had been produced before Bank of England’s rate rise last week.  Nevertheless, an increase of 0.25% in rate rise was in line with expectations.

Councillor Gerrish said that this was a routine report which sets out the satisfactory position of the Council.  Councillor Gerrish highlighted that the average rate of investment return for the first six months of 2017/18 was 0.26%, which was 0.10% above the benchmark rate.  The Council’s Prudential Indicators for 2017/18 were agreed by Council in February 2017 and performance against the key indicators had been presented in the report.  All indicators were within target levels.

Councillor Charles Gerrish moved the recommendations.

Councillor Paul May seconded the motion by welcoming the report.

RESOLVED (unanimously) the Cabinet agreed that:

1)  The Treasury Management Report to 30^th September 2017, prepared in accordance with the CIPFA Treasury Code of Practice, is noted;

2)  The Treasury Management Indicators to 30^th September 2017 are noted.