Agenda and draft minutes

The Chairman will draw attention to the emergency evacuation procedure as set out under Note 5.

The Chair welcomed everyone to the meeting and invited the Democratic Services Manager to conduct a roll call.

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 Alastair Singleton declared an ‘other’ interest in item 9 – Climate Emergency, as a member of Bath & West Community Energy and Trustee of their charitable fund, and a Director of Keynsham Community Energy.

Councillor Robin Moss declared an ‘other’ interest in item 15 – Statements from Councillor with regard to a statement on Local & national visitor accommodation policies, as the owner of an AirBnb property.

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

The minutes were recommended for approval at the Council meeting on 25^th March 2022.

The Chair made the following announcement;

Due to a desire to retain a level of social distancing after restrictions have lifted, we are holding this ‘informal’ virtual Council meeting to enable all Councillors to take part.  The comments and indicative decisions from this meeting will help to inform the physically reduced, quorate decision-making meeting tomorrow on 25th March 2022.

We will review this approach for any future Council meetings, in line with government and health guidance at that time.

If there is any urgent business arising since the formal agenda was published, the Chair will announce this and give reasons why it has been agreed for consideration at this meeting. In making this decision, the Chair will, where practicable, have consulted with the Leaders of the Political Groups. Any documentation on urgent business will be circulated at the meeting, if not made available previously.

With the agreement of the Chair, Councillor Kevin Guy made an urgent statement about extreme NHS pressures, a copy of which is attached to these minutes.

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.

Before moving to the first public speaker, the Chair informed the meeting that, earlier in the week, the Chief Executive had reminded Group Leaders of the wording in Constitutional rule 34 with regard to statements, petitions and deputations from members of the public and councillors, and the specific wording that ‘all items must be submitted in writing’, and that officers were now applying this rule.

Statements were then made by the following people;

Rachel Stokes made a statement on behalf of the Keynsham Road Safety Campaign and presented a petition of approximately 700 signatures, calling for an extension of the proposed 30mph section of the Wellsway up to the ‘Keynsham’ sign, and the installation of a pavement to connect properties at Uplands with the pavement at Courtenay Road.  A full copy of Ms Stokes’ statement is linked to the minutes.  Councillor Alan Hale asked Ms Stokes if the campaign group had asked for a speed count to be done.  Ms Stokes replied that they had made this request a year ago via Council Connect and more recently to the Highways department, but this had not been done. The statement and petition was referred to the relevant Cabinet Member.

Bob Goodman made a statement about public statements to meetings. A full copy of the statement is linked to the minutes.  Councillor Kevin Guy queried whether Mr Goodman had said that his statement had been censored, to which Mr Goodman confirmed that was his view.  The statement was referred to the relevant Cabinet Member.

David Redgewell made a statement expressing concern about bus and rail cuts.  A full copy of the statement is linked to the minutes.  The statement was referred to the relevant Cabinet Member.

Danielle Sellwood, from the Bathwick Estate Residents Association (BERA) made a statement about erosion on the banks of the river Avon from Pulteney Weir to Bathampton and calling for this stretch of riverbank to be re-assessed with a view to it being protected. A full copy of the statement is linked to the minutes.  Councillor Kevin Guy asked Ms Sellwood if she was aware that a voluntary code of conduct had been developed in the 1990s with local boat operators, which would be useful to review and see if it was helpful. Ms Sellwood replied that she had not been aware of this and would find it helpful to review.  Councillor Vic Pritchard asked if BERA were asking for commercial use to be limited.  Ms Sellwood confirmed that they were; both in terms of limiting times and having periods with no commercial use, to allow the river to recover.  The statement was referred to the relevant Cabinet Member.

The Chair thanked everyone for their statements.

This report sets out proposals for changes to the Governance and Structure of the Council’s wholly owned housing and development companies (Aequus Developments Ltd and Aequus Construction Ltd) to improve the efficiency and effectiveness of the arrangements based on actual experience since establishment of the companies over the past four years.  The report also presents the Aequus Accounts for 2021/22 together with the Business Plan for 2021/22 to 2023/24.

The Council considered a report setting out proposed changes to the Governance and Structure of the Council’s wholly owned housing and development companies (Aequus Developments Ltd and Aequus Construction Ltd) and also presenting the Aequus Accounts for 2021/22 together with the Business Plan for 2021/22 to 2023/24.

On a motion from Councillor Tom Davies, seconded by Councillor Richard Samuel it was

RESOLVED to recommend to Council on 25^th March 2022 to;

1.  Approve the amendments to the Reserved Matters Schedule in the Shareholder Agreement within the Councils’. Protocol for Governance Arrangements of Local Authority Trading companies (Appendix 3);

2.  Approve the changes to the Company Structure set out in paragraph 7 of the report, including the transfer within the corporate group of ADL and ACL, and the establishment of the holding company;

3.  Delegate to the Council’s Section 151 Officer the authority to confirm the final documentation required to complete the changes set out in paragraph 7 of the report and to determine the timing and implementation of the new company structure proposed.  This will include authority for the Council’s Section 151 Officer to provide shareholders approval for all legal, financial and corporate filing documentation to implement the new structure;

4.  Note the ADL & ACL 2020/21 year end audited accounts (Appendix 4);

5.  Approve the Aequus Business Plan 2021/22 to 2023/24 (Appendix 5 of the report.)

[Notes:

1.  The above successful resolution was carried with 16 councillors voting against, 1 councillor abstaining and the remaining councillors voting in favour.]

The Council declared a Climate Emergency in March 2019, committing to provide the leadership to enable Bath and North East Somerset to achieve carbon neutrality by 2030. An annual update is provided to Council.

The Council considered the annual report setting out progress on delivery against climate emergency targets.

On a motion from Councillor Sarah Warren, seconded by Councillor Alison Born, it was

RESOLVED to recommend to Council on 25^th March to note;

1.  Progress on the delivery of the Year 2 (2021-22) Climate Emergency Action Plan;

2.  The extensive and wide-ranging action being taken across the council to tackle the climate emergency; and

3.  The latest available data relating to carbon emissions (Council managed and district-wide emissions).

[Notes;

1.  The above successful resolution was carried with 2 councillors voting against, 8 councillors abstaining and the remaining councillors voting in favour.]

This report invites the Council to appoint the Independent Person and an Independent Member with responsibility for supporting the Standards Committee.

The Council considered a report inviting appointment of an independent person and independent member to support the Standards Committee.

On a motion from Councillor Kevin Guy, seconded by Councillor Robin Moss, it was

RESOLVED to recommend to Council on 25^th March 2022 to;

1.  Approve the appointment of the Independent Person with responsibility for supporting the Standards Committee, as set out in section 5 of the report;

2.  Note the resignation of Ms Russell and record the thanks of the Council for her contribution to maintaining high standards of behaviour during her tenure as an independent member of the Standards Committee; and

3.  Confirm the appointment of an Independent Member of the Standards Committee, as set out in section 5 of the report.

[Notes;

1.  The above successful resolution was carried with 1 councillor voting against, 1 councillor abstaining and the remaining councillors voting in favour.]

This report considers councillor attendance, as Covid restrictions are lifted.

The Council considered a report regarding attendance.

On a motion from Councillor Kevin Guy, seconded by Councillor Vic Pritchard, it was unanimously

RESOLVED to recommend to Council on 25^th March 2022 to;

1.  Agree that the members listed in Appendix A (with the inclusion of Councillor Alan Hale), who are unable to attend a council meeting for a period greater than six months, due to long covid or the higher risk of serious illness from Covid 19 for themselves or for their family members, receive a dispensation further to section 85(1) of the Local Government Act 1972 until 24 September 2022;

2.  Agree that, in the light of this meeting being conducted through the contingency arrangements (meaning most of those members planning to attend a physical meeting are now unable to do so), a dispensation is issued for all Councillors unable to attend a physical meeting for a further period of 3 months from this meeting, further to section 85(1) of the Local Government Act 1972, until 24th June 2022.

The purpose of this report is to invite the Council to name a Councillor as Chair(man) of the Council (Designate) for the next Council Year beginning in May 2022 to assist in forward planning purposes. The Council, at its Annual Meeting, will still be required formally to elect a Councillor to be the Chair(man) of the Council for the forthcoming Council Year. Council may wish to indicate at this stage any intentions for the Vice Chair(man) position for 2022/23 or leave that until the Annual meeting.

The Council considered a report inviting indication of which Councillor will be formally nominated as Chairman and Vice Chairman at the Council’s AGM.

On a motion from Councillor Kevin Guy, seconded by Councillor Karen Walker, it was unanimously

RESOLVED to recommend to Council on 25^th March that, for forward planning purposes, Councillor Shaun Stephenson-McGall is named as Chair(man) of the Council (designate) for the 2022/23 Council year and Councillor June Player is named as Vice Chair(man) (designate) for the 2022/23 Council year.

On a motion from Councillor Jess David, seconded by Councillor Lucy Hodge, it was

RESOLVED unanimously to recommend to Council on 25^th March that;

Council notes: 

1.  The recent report of the House of Commons Environmental Audit Committee (Jan 2022) which found that rivers in England are in a mess: "a ‘chemical cocktail’ of sewage, agricultural waste, and plastic is polluting the waters of many of the country’s rivers".

2.  That only 12% of the Bristol Avon catchment is classified as having ‘good ecological status’ with the main sources of pollution being treated sewage discharges and diffuse pollution from farming and land management.

3.  That rivers in B&NES are an irreplaceable asset for both people and nature, enjoyed by many for recreation and leisure, and part of the rich landscape character and natural capital of our area. 

4.  That Bath and North East Somerset Council is a member of the Bristol Avon Catchment Partnership which includes Wessex Water, the Environment Agency and Wiltshire Council and is working closely with partners to identify and deliver collaborative solutions to improve water quality and improve the water environment for people and wildlife.

5.  That not all properties in B&NES are connected to the public sewage system or to private sewers and that some continue to discharge wastewater straight into the river or into non-compliant, polluting soakaways. 

6.  That Government funding to the Environment Agency to monitor river quality and regulate sources of pollution has dropped by 75% in the last decade.

Council believes: 

1.  That cleaning up our rivers is important for public health and to protect and enhance wildlife, and that this requires the involvement of a wide range of stakeholders including water companies, farmers, land-owners, developers and businesses.

2.  That investment in our sewerage system must be accelerated so that discharges of untreated sewage, including from storm overflows, cease.

3.  That farmers and land managers have a responsibility to monitor and reduce the flow of pollutants (including nutrients and pesticides) from their land into rivers.

4.  That government must provide the funding and powers to enable more effective monitoring and enforcement by water regulators; OFWAT and the Environment Agency.

5.  That water companies must continue to improve the public information they provide on sewage discharges to ensure that it is accessible and as close to real time as possible. 

6.  That developers and property owners have a role to play in reducing surface water from entering the combined sewer system. Installing sustainable urban drainage systems (SUDS), both in new buildings and through retrofitting, and reducing ‘urban creep’ can help to reduce the load on our sewerage system.

7.  That government must legislate to ban the sale of non-degradable and plastic containing wet wipes which are a major cause of blockages and capacity issues in the sewer network. The incorrect disposal of fats, oils and greases is also a cause of blockages.

8.  That the capacity of environmental infrastructure (including sewerage systems) must be sufficient to support  ...  view the full minutes text for item 120.

On a motion from Councillor Robin Moss, seconded by Councillor Dine Romero, and supported by all Group Leaders,  it was

RESOLVED unanimously to recommend to Council on 25^th March that;

This Council:

1  Notes that at the time of writing the United Nations High Commissioner for Refugees says that ten million people have fled their homes in Ukraine.  3.6 million have left for neighbouring countries while another estimated 6.5 million are thought to be displaced inside Ukraine itself.

2  Notes that under the Homes for Ukraine scheme, sponsors in the UK are able to nominate a named individual or family to stay rent-free in their home or in a separate property for at least six months and that there is no cap on the number of refugees who can benefit from this scheme.  Further notes that refugees will be allowed to live and work in the UK for at least three years and that they will be entitled to access healthcare, benefits, employment support, education and English language tuition.  Also notes that as of 21 March, under the Family Visa Scheme, 12,400 UK visas have been issued for Ukrainians who have a family member in the UK.

3  Notes that local authorities will receive £10,500 in extra funding per refugee for support services with more for children of school age, and that hosts will be offered £350 per month. 

4  Believes that the escalation of violence, repeated bombings and attacks on Ukraine pose a serious threat to peace and democracy across Europe.

6  Recognises that support for refugees cuts across party politics and that councillors from across the political spectrum will wish to stand shoulder to shoulder to express their full support and solidarity with Ukrainian people and affirm their commitment to provide help and support to Ukrainian nationals.

7  Recognises the generosity and goodwill of B&NES residents who showed through the welcome they gave Syrian refugees that this is an area which is willing and able to provide sanctuary to desperate people and further encourages those wishing to help to donate to established organisations such as the British Red Cross and Unicef as well as the Disasters Emergency Committee.

8  Notes that on 1 March, the Leader of the Council wrote to the Home Secretary and to the Parliamentary Under-Secretary of State for Safe and Legal Migration to express solidarity, call for visa requirements to be lifted and reiterate the readiness of this Council to welcome refugees.

9  Agrees that a further letter be sent to both the Prime Minister and the Home Secretary repeating this Council’s willingness to welcome Ukrainian people fleeing war and persecution in their own country and urging the UK government to act to ensure that the UK does all it can to help alleviate this humanitarian crisis.

Councillor Duncan Hounsell made a statement about local and national visitor accommodation policies.  A full copy of the statement is linked to the minutes. Councillor Kevin Guy asked how many large properties were currently being used for AirBnB in North East Somerset.  Councillor Hounsell responded that he understood there to be approximately 100 used in this way in Bath but did not have figures for North East Somerset as there was no registration scheme.  Councillor Liz Hardman asked if Councillor Hounsell was aware that the Labour group had taken a successful motion on short term lettings to Council in July 2018, which had received cross party support and suggested he revisit this to move this issue forward.  Councillor Hounsell thanked Councillor Hardman for bringing this to his attention and added that he wanted everyone to support the change in the Local Plan.

The Chair thanked Councillor Hounsell for his statement, which was referred to the relevant Cabinet member.