Agenda and minutes

The Chairman will draw attention to the emergency evacuation procedure as set out under Note 8.

The Chair drew attention to the emergency evacuation procedure, as set out on 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 complete the green interest forms circulated to groups in their pre-meetings (which will be announced at the Council Meeting) 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 Paul May declared a disclosable pecuniary interest in item 7 (Public statements) as a non executive Director of Sirona, and left the meeting while the public statement on this issue was being made.

Councillor Paul Crossley declared a disclosable pecuniary interest in item 7 (Public statements) as his wife is a former employee of Sirona and receives a small pension for this.  The Monitoring Officer issued a dispensation for this item.

Councillor Joe Rayment declared a disclosable pecuniary interest in item 9 – Youth Justice Plan, as Project 28 (mentioned in the report) is a DHI service, for whom Councillor Rayment works.  He left the meeting for the duration of this item.

Councillors Mark Shelford, Charles Gerrish, John Bull, Lin Patterson and Liz Hardman declared an ‘other’ interest in item 13 – Environmental Sustainability motion, as shareholders (below the financial threshold) in the Bath & West Community Energy Company.

Councillors Robin Moss, Tim Warren, Jasper Becker and June Player declared a disclosable pecuniary interest in items 14 & 16 – Short Term Lets, as having involvement in properties that are rented out.

Councillor Neil Butters, Colin Blackburn and Martin Veal declared an ‘other’ interest in items 14 & 16 – Short Term Lets, due to business or family links with rented accommodation.

The Monitoring Officer issued a general dispensation for all Councillors with interests in Airbnb, short term lets, hotels, guest houses etc to enable them to take part in the debate and vote.

Councillor Dine Romero sought clarification on a point of accuracy, which was clarified by the Monitoring Officer.

On a motion from Councillor Steve Hedges, seconded by Councillor Tim Warren, it was

RESOLVED that the minutes of 10^th May 2018 be confirmed as a correct record and signed by the Chair.

The Chair made the customary announcements regarding mobile phones, webcasting, Councillors accessing meeting papers via their ipads and a comfort break.  She explained that the exempt item 15 would be brought forward to before item 14.

She then welcomed Councillor Sue Craig as the new Councillor elected for Kingsmead ward on 5^th July 2018.

She concluded by congratulating the Council’s Environment & Design Team’s WaterSpace partnership project on reaching the top 2 in the Canals & Rivers Trust UK Living Waterways Award 2018, for best large scale community engagement project relating to the river and canal.

There were no items of urgent business.

The Democratic Services Manager will announce any submissions received. The Council will be invited to decide what action it wishes to take, if any, on the matters raised in these submissions. As the questions received and the answers given will be circulated in written form there is no requirement for them to be read out at the meeting. The questions and answers will be published with the draft minutes.

Statements were made by the following members of the public;

Paul Roles made a statement setting out a series of problems regarding Curo accommodation in Kingsmead including locked bin stores, laundry rooms and bike facilities.  He explained that, due to recent changes in waste collection and locked bin rooms, waste may be outside for days for seagulls to attack.  He asked for help from the Council to solve these problems.  Councillor Dine Romero noted Paul’s comment that there had been no notice of locked facilities and asked about the impact of these on residents.  Paul responded that 70% of the residents at Rosewall Court on Monmouth Street were classed as vulnerable, having come from DHI, and explained some of their difficulties.  Councillor Sarah Bevan asked Paul if Curo had responded by increasing residents’ service charges to which Paul responded that they had doubled in the last year.  The Chair thanked Paul for his statement which would be forwarded to the relevant Cabinet Member.

David Redgewell made a statement about the cross country rail franchise.  He explained there was only one train a day from Bath to York which they want to withdraw and mentioned other issues about the service and level of the rolling stock.  He commented that a response was needed by the Metro Mayor, with input from B&NES.  Councillor Neil Butters asked whether a cross party approach with WECA would be the most appropriate response when facing up to this, to which David responded that would be the best way and added that the route knowledge of cross country staff needed to be maintained.  Councillor Robin Moss asked if David knew what the Metro Mayor was doing about this; David responded that the Mayor was sending officers to meetings, there was a scrutiny panel coming up, and then the Board meeting and it was vital that the Mayor led on a response to this.  The Chair thanked David for his statement and referred it to the relevant Cabinet Member.

Hannah Powell from the Youth Parliament made a statement about bus transport in North East Somerset which she described as being practically non-existent. She called on the Council to exert their influence to improve the service, particularly with regards to young people.  She queried why over 16s, still in full time education, were charged adult fares, making travel very expensive for them.  She suggested various ways this could be improved, citing examples from other UK cities, and outlined the improvements this would mean to air quality amongst other benefits.  She concluded by calling on Councillors to recognise young people as worthwhile to the Council.  Councillor Tim Warren thanked Hannah for her statement and invited Youth Parliament members to meet with him and First Bus.  Councillor Neil Butters asked if Hannah thought that cheaper and more frequent buses would have an effect on congestion, to which she responded that she absolutely agreed and mentioned the Wellsway during rush hour as being a nightmare.  Councillor John Bull hoped that Hannah  ...  view the full minutes text for item 18.

On 7 August 2018, the Local Government Boundary Commission for England (LGBCE) will publish its final recommendations on the electoral review of Bath & North East Somerset Council’s ward boundaries. In order to re-align the polling districts and polling places with the new scheme, the Council will conduct a review of polling districts, polling places and polling stations between September and December 2018.

The Council considered a report concerning the forthcoming publication from the Local Government Boundary Commission for England of its final recommendations on the electoral review of Bath & North East Somerset, and the consequent need to re-align the polling districts, places and stations.  This report notes the review process and timetable for implementation.

On a motion from Councillor Tim Warren, seconded by Councillor Dine Romero, it was unanimously

RESOLVED

1.  To note the statutory requirements of the review process; and

2.  To approve the timetable for the implementation of the review.

The Local Authority (with responsibilities for Social Care and Education) 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.

The Local Authority has a statutory duty, in consultation with key partner agencies Health, Police and Probation, to produce an annual Youth Justice Plan.

On a motion from Councillor Paul May, seconded by Councillor Michael Evans, it was unanimously

RESOLVED

1.  To agree that the Youth Justice Plan fulfils the requirements of the Crime and Disorder Act 1998 and can be submitted to the Youth Justice Board for England and Wales;

2.  That the Youth Justice Plan is adopted as part of the Council’s Policy and Budget Framework and can be accommodated within the Council budget; and

3.  That the relevant Policy Development and Scrutiny Panel oversees progress and performance.

To consider the Standards Committee Annual Report for 2017-18.

The Council considered the Standards Committee Annual report for 2017-18.

On a motion from Councillor Sarah Bevan, seconded by Councillor Sally Davis, it was unanimously

RESOLVED to note the work of the Standards Committee as set out in the Annual report.

This report gives details of performance against the Council’s Treasury Management Strategy and Annual Investment Plan 2017/18.

The Council considered a report giving details of performance against the Treasury Management Strategy and Annual Investment Plan 2017/18.

On a motion from Councillor Charles Gerrish, seconded by Councillor Paul May, it was unanimously

RESOLVED

1.  To note the Treasury Management report to 31^st March 2018, prepared in accordance with the CIPFA Treasury Code, is noted;

2.  To note the Treasury Management Indicators to 31^st March are noted.

This report sets out various proposed amendments to the Constitution.

The Committee considered a report setting out various proposed amendments to the Constitution.  The Monitoring Officer made reference to 2 minor amendments which she had already approved, which she would circulate separately to Members for information.

On a motion from Councillor Tim Warren, seconded by Councillor Dine Romero, it was unanimously

RESOLVED

1.  To agree the revised Officer delegation scheme (Part 3, Section 4 A-E) as set out in Appendix 1;

2.  To agree the revised Proper Officer functions table (Part 3, Section 4 C-1) as set out in Appendix 2;

3.  To agree the revised Development Management delegation scheme (Part 3 – Responsibility for Functions) as set out in Appendix 3;

4.  To agree the revised Housing Services delegation scheme (Part 3 –Responsibility for Functions) as set out in Appendix 4;

5.  To agree the proposed revisions to the Employment rules (Part 4K) as set out in Appendix 5;

6.  To agree the revised Restructuring Implementation Committee Terms of Reference (Part 5) as set out in Appendix 6; and

7.  To agree that the Indemnities Scheme for Members and Officers be amended to specifically mention panel and co-opted Members.

On a motion from Councillor Mark Shelford, seconded by Councillor Paul Crossley, it was unanimously

RESOLVED that

This Council:

·  Notes that, since last summer the Environmental Sustainability Partnership Board has been working on a new Sustainability vision statement to bring to Full Council as a motion to reaffirm the Council’s position on, and commitment to, sustainability.

·  Therefore resolves to adopt the following as its Environmental Sustainability Vision Statement, in recognition of the importance of sustainability to everything the Council does:

B&NES Environmental Sustainability Vision Statement 2018:

Environmental sustainability is about our ability to survive and thrive into the future.  Everything else that we seek to achieve – such as improved health and well-being and economic prosperity - is dependent on a clean environment and stable climate.

In Bath & North East Somerset, our ambition is to provide the leadership to enable the whole community to benefit from an environmentally sustainable, healthy, low carbon future that is resilient to changes in our climate.  We seek to be a leading place for innovation and achievement in pursuit of these goals.

Benefits:

·  Cleaner, greener and more affordable energy with more of it produced and owned locally

·  Warmer and cheaper to run homes and businesses

·  Less traffic and congestion, cleaner air & streets where people can walk and cycle easily, including increased pedestrianisation

·  Healthier and  more sustainable local food supply

·  New jobs from increased local food and energy production, increased home energy retrofitting, growth in local circular economy

·  Reduction in waste production, increase in recycling rates and energy from food waste

·  Increased local stewardship of local water resources and better flood resilience

·  Enhanced beauty of the local natural environment and increased public engagement

·  Increased ability to withstand changes to the climate through greater local food and energy security

Enabling Partnerships, Strategies & Action Plans:

·  There are a range of relevant partnerships, strategies and action plans that enable action on sustainability, locally and within the West of England.  Please see Appendix (i) for the full list.

Approach:

The Environmental Sustainability Partnership’s strategic approach to leading and supporting action utilises three principles:

·  Partnership Working: Bringing together the right people to make things happen

·  Community Enablement: Enabling residents and community groups to achieve their sustainability aims

·  Leading by Example: Bold action from the Council and our partners.

Appendix (i): List of Enabling Partnerships, Strategies & Action Plans

• B&NES Environmental Sustainability Partnership:
  • Environmental Sustainability & Change Strategy
  • Local Food Strategy
  • Community Energy Strategy
  • Bath & West Community Energy Co-operation Agreement
  • Keynsham Community Energy Co-operation Agreement

• Other B&NES Partnership Strategies
  • Health & Well-being Strategy and Healthy & Sustainable Places Group
  • Green Infrastructure Strategy
  • Fit for Life Strategy

• Council Service Delivery Strategies & Plans:
  • Transport Strategies
  • Air Quality Action Plans
  • Waste Strategy

• Planning Framework:
  • Core Strategy & Place Making Plan
  • Local Plan

• Beyond B&NES Partnerships & Plans:
  • West of England Nature Partnership
  • Bristol Avon Catchment Partnership
  • West of England Energy Strategy (in development)
  • West of England Joint Strategic Plans and Joint Transport Plans

On a motion from Councillor Sarah Bevan, seconded by Councillor Anthony Clarke, it was unanimously

RESOLVED that

Council notes that:

• Motor Neurone Disease is a fatal, rapidly progressing disease that affects the brain and spinal cord.

• It can leave people locked in a failing body, unable to move, talk and eventually breathe.

• A person’s lifetime risk of developing MND is up to one in 300.

• It kills around 30% of people within 12 months of diagnosis, more than 50% within two years.

• It affects people from all communities

• It has no cure.

The Motor Neurone Disease Association (MNDA) has recently published a Motor Neurone Disease Charter which it is asking Local Authorities to adopt.

Council resolves to

note the charter and support its principles and seek to ensure they are met within our services, strategies and commissioning arrangements.

The Charter:

1.  People with MND have the right to an early diagnosis and information.

2.  People with MND have the right to access quality care and treatments.

3.  People with MND have the right to be treated as individuals and with dignity and respect.

4.  People with MND have the right to maximise their quality of life.

5.  Carers of people with MND have the right to be valued, respected, listened to and well supported.

On a motion from Councillor Joe Rayment, seconded by Councillor Robin Moss, it was

RESOLVED that

Council notes:

1.  Home-sharing services are often attractive to tourists and they provide direct income to host households.  However, regulation has been slow to keep up with the growth in these services and the impact they have on both the housing market and on amenity issues for residents;

2.  In Bath and North East Somerset, we are experiencing a housing crisis, yet at the same time, properties are being removed from the private rental market as the earnings from short-term lettings can prove lucrative to landlords;

3.  The difficulty in obtaining accurate figures around short-term lettings as there is no requirement to notify the Council of an intention to use a property in this way. 

4.  A report by Tom Copley (London Assembly Member) highlights recent changes to legislation allowing the short-term letting of whole residential properties for up to 90 days in a calendar year in London but that the report also identifies a need for additional measures to enable London authorities to investigate and effectively enforce the new legislation.

5.  The B&NES Visitor Accommodation Study which this Council has commissioned to help provide evidence for the Local Plan includes considering the extent of and growth in short-term holiday lets and the implications and problems of short-term lets in relation to, for example, both the housing stock and the operation of other forms of visitor accommodation.

6.  The Leader of Council has written to the Minister asking for a new use class to be introduced for short-term lets so that they are differentiated from dwelling houses.

7.  The owners of properties available for short-term lets for up to 140 nights per year are liable for Council tax.

8.  The Planning, Housing & Economic Development Policy Development & Scrutiny Panel is due to discuss short term holiday lets at its September meeting, which will provide an additional opportunity for public engagement and evidence gathering.

Council believes that:

9.  There is a need to find effective solutions which allow legitimate home-sharing to continue while at the same time addressing the widespread concern about the growing professionalised sector.

10.Bath & North East Somerset should be able to benefit from a change in legislation in the way that London has, and that, at the same time, the lessons should be learnt from the London experience with additional measures and resources to support enforcement of any new law.

11.There isn’t a level playing field when hoteliers and registered B&Bs running legitimate businesses must comply with health and safety rules and licensing rules and contribute to the Council funds with business rate payments whilst 'Short Term Lets' do not.

12.This discrepancy could have implications on the health and safety grounds.

13.The increase in Party Houses is having a detrimental impact on communities.

14.Residential properties are lost to the tourist industry when they are badly needed for families.

Council agrees therefore to ask the Leader of  ...  view the full minutes text for item 26.

Following a full debate on this issue on the previous item on the agenda, Councillor Will Sandry withdrew this motion.

On a motion from Councillor Paul Crossley, seconded by Councillor Dine Romero, it was

RESOLVED that

Council notes:

1. Discussions within Somerset councils to create one or more unitary councils to replace the current county and district model.

2. Media reports that the Leader of B&NES Council is ‘interested in pursuing’ a three-unitary model covering the area currently served by Somerset County, B&NES and North Somerset Councils.

3. That plans to replace nine councils in Dorset with two unitary authorities are now subject to a judicial review.

Council:

4. Believes it is appropriate for B&NES Council to be involved in discussions about future local government structures in Somerset.

5. Agrees that the creation of a Somerset super-unitary authority incorporating B&NES Council would be undesirable and would not benefit B&NES residents.

6. Believes that evidence would be required to show whether a unitary authority covering the areas of B&NES and Mendip District Councils would be of benefit to residents and businesses in both areas before any further steps are taken.

7. Instructs the Leader to ensure that discussions on this issue are carried out with full transparency and that no formal processes are to take place without democratic oversight by Council.

Notes;

1.  The above resolution was carried with 38 Councillors voting in favour, 9 Councillors voting against and 2 abstentions.]

There were no items from Councillors.