Agenda and minutes

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

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.

There were no declarations of interest made.

As the Vice Chair, Councillor Sarah Moore, was unable to attend the re-convened meeting, arrangements were made for a Vice-Chair for this meeting only.

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

RESOLVED that Councillor Lisa O’Brien stands in as Vice Chair for this meeting only.

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

On a motion from Councillor Eleanor Jackson, seconded by Councillor Grant Johnson, it was unanimously

RESOLVED that the minutes of 21^st July 2022 be confirmed as a correct record and signed by the Chair.

The Chair explained that this meeting had been postponed from 15^th September 2022 due to the period of national mourning following the death of Queen Elizabeth II.

He explained, that since taking on the role of Council Chair, he had been endeavouring to visit as many Town and Parish Councils as possible.  He had been impressed by the diversity of activities he had come across.  He extended the invitation to any other local Councils and invited them to contact the Chairs office to arrange.

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.

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;

Caroline Heaton made a statement relating to the renewable energy motion on the agenda. She drew attention to this summer as highlighting the climate crisis and outlined how renewables provided an affordable, sustainable and non-polluting solution. Councillor Guy asked Ms Heaton if she agreed that it was important to also stand against fracking, to which she replied that she did.  Councillor Pritchard asked if Ms Heaton considered there were any circumstances where nuclear power might be appropriate, to which she responded that she did not, as the dangers of disposing of long life toxic waste made it extremely unviable.  The Chair thanked Ms Heaton for her statement which would be considered during the later motion debate.

Guy Norfolk made a statement relating to the renewable energy motion on the agenda.  He outlined the case against nuclear power and made the case that non-proliferation treaties for weapons needed to extend to energy too.  He explained that renewable options were affordable, safe and environmentally sound.  The Chair thanked Mr Norfolk for his statement which would be considered during the later motion debate.

Dave Andrews made a statement relating to the renewable energy motion on the agenda. The full statement is available attached to the minutes.  He explained that he was a former expert Advisor to the European Commision on power generation and provided a google search reference if more technical and factual information was needed. Councillor Guy asked Mr Andrews if he considered fracking was a solution to the energy crisis, to which he replied that we it’s not something we yet know so it’s a gamble, whereas we do know that if investment is made in a wind farm, the power is available in 5 years.  The Chair thanked Mr Andrews for his statement which would be considered during the later motion debate.

Charlotte Howell-Jones made a statement relating to the renewable energy motion on the agenda.  A copy is available on the Minute book.  She focussed on the world we were leaving for our children and called for a different energy strategy to swiftly lower our emissions.  She also said that the benefit to the economy of renewable sources (up to 9 times cheaper) was frequently overlooked by Government. The Chair thanked Ms Howell-Jonesfor her statement which would be considered during the later motion debate.

Following the postponement of Council due to the period of national mourning following the death of Queen Elizabeth II, and the need for an urgent decision, it was necessary to use Constitutional rule 3.4.3 (Chief Officers’ Action) to reach a decision.  That can be viewed here;

https://democracy.bathnes.gov.uk/ieDecisionDetails.aspx?ID=1768

This will be reported to Council but no debate will take place on this issue at the reconvened meeting on 13^th October 2022.

The Chair announced that there would be no debate on this item.  He explained that, following the postponement of the meeting and the need to agree the modifications for public consultation, this item had been handled under Constitutional rule 3.4.3 – Chief Officers action so no Council decision was  now sought. https://democracy.bathnes.gov.uk/ieDecisionDetails.aspx?ID=1768.

The Corporate Audit Committee 2021/2022 Annual Report (Appendix 1) details the work carried out by the Committee for the period April 2021 to May 2022 (includes the meeting of the Committee on 19^th May 2022).

The Council considered the annual report of the Corporate Audit Committee.

On a motion from Councillor Mark Elliott, seconded by Councillor Vic Pritchard, it was unanimously

RESOLVED

1.  To note the Annual Report of the Corporate Audit Committee; and

2.  To approve the revised Terms of Reference for the Corporate Audit Committee.

To consider the Standards Committee Annual report.

The Council considered the annual report of the Standards Committee.

On a motion from Councillor Duncan Hounsell, seconded by Councillor Robin Moss, it was unanimously

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

This report updates Council on the use of Regulation of Investigatory Powers Act and Investigatory Powers Act, policies, and procedures.

The Council considered the annual report on the use of the Regulation of Investigatory Powers Act 200 (RIPA) & Investigatory Powers Act (IPA) 2016.

On a motion from Councillor Kevin Guy, seconded by Councillor Shaun Hughes, it was unanimously

RESOLVED

1.  To note the use of Regulation of Investigatory Powers Act 2000 and Investigatory Powers Act 2016 (RIPA/IPA) by the Council (Appendix 1); and

2.  To note the changes to the Council’s Policy on Regulation of Investigatory Powers Act 2000 and Investigatory Powers Act 2016 (“the Policy”).

.

There has been a change in political balance in the Council so, in line with the requirements of the Local Government & Housing Act 1989, this needs review.

The Council considered a report following a change in political balance in the Council, in line with the requirements of the Local Government & Housing Act 1989.  A revised proportionality table had been circulated following the despatch of the agenda.

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

RESOLVED

1.  To note that Councillor Pritchard has agreed that Councillor Kumar will remain on the Climate Policy Development & Scrutiny Panel as a Conservative member;

2.  To further note that, following the departure of Councillor May from the Conservatives, Councillor Pritchard has offered up a place on the Children, Adults, Health & Wellbeing Policy Development & Scrutiny Panel to the Liberal Democrat Group, which has been allocated to Councillor May; and

3.  To approve the revised political proportionality table.

Councillor Moss explained that this motion was put forward some time ago (before the meeting was postponed) and pointed out that paragraphs 8, 9 and 10 refer to the work done by Council officers during the pandemic, for which they should rightly be applauded.  He further added that it’s also right that they deserve a proper pay increase, especially in the light of rising inflation rates, from a central Government pay settlement.  However, the motion in its generality is now no longer relevant due to recent events, so he explained that they were withdrawing the motion from this agenda.

On a motion from Councillor Matt McCabe, seconded by Councillor Sarah Warren, it was

RESOLVED that

Council:

1. Notes with dismay the cuts to essential, local bus routes in B&NES, including First bus service numbers 11, 12, 20, 42, and 171, and the timetable and route changes affecting many other local bus services, including the 178.

2. Notes that some mitigations to cuts have been announced, including re-routing some services, the new 379 route, and new operators stepping in on some routes.

3. Notes that the West of England Combined Authority (WECA) is the regional transport authority responsible for planning bus services, in cooperation with local bus operators.

4. Notes B&NES Council’s Transport Levy contribution to WECA is £5,194,000 in 2022-23, of which £780,000 is a contribution to supported bus services.

5. Notes that bus operating companies have been affected by falling passenger journeys, rising costs and driver shortages, and notes government financial support to bus companies was recently extended to March 2023.

6. Welcomes the recently announced investment in bus stop facilities and reduced fares on many services. Notes however that reduced fares do not apply to all routes and have led to some popular ticketing options being discontinued and others increasing in price.

7. Notes with disappointment that communication and consultation by the West of England Combined Authority around the future of local bus services with local authorities (who know their local area best) has been inadequate and would welcome clarity in terms to the profitability or loss making of certain routes and the sharing of data to improve the general provision.

8. Believes that a reliable, comprehensive and affordable bus service is essential to all B&NES residents to access shops, services, leisure, employment and education, and to help tackle air pollution, congestion and the Climate Emergency.

9. Believes that bus service cuts will have an enormously negative impact on B&NES communities, particularly affecting rural and disadvantaged communities, residents who have no access to private transport, and anyone trying to reach key sites such as schools and the RUH.

10. Believes that any gap in service provision will drive residents away from public transport permanently.

11. Believes that the whole bus system is fundamentally broken and requires radical reform to make it fit for the future.

Council therefore:

12. Opposes cuts to essential bus services in B&NES.

13. Calls on the WECA Mayor to:

14. Calls on the government to:

a.  Overhaul public transport funding models and provide a sustainable, long-term funding deal to provide certainty and stability.

b.  Take action to address the driver shortage with a national effort to recruit and train more drivers and measures to improve retention.

c.  Restore transport authorities’ ability to  ...  view the full minutes text for item 43.

The motion as set out in the agenda and copied below was moved by Councillor Joanna Wright, and seconded by Councillor Robin Moss;

Council Notes:

1. The arguments for nuclear energy appear to be contentious and therefore decisions to continue to invest in expensive, long term nuclear projects require further scrutiny.
2. New research suggests that the assumption that nuclear energy is necessary to form a baseload of energy provision is no longer valid; neither is it valid to pursue the development of nuclear energy purely on economic grounds.
3. Nuclear energy is not a clean and safe technology and still has the potential to cause considerable harm.
4. The current planning policy that governs renewable energy infrastructure, and onshore wind turbines in particular, needs to be amended to encourage investment in this area.

Council therefore:

1. Calls on the Government to review approvals given for Sizewell C and for investment into nuclear energy in general.
2. Calls on the Government to back investment in renewable energy and provide financing for this.
3. Calls on the government to change the National Planning Policy on Solar Panels and Wind Turbines.
4. Requests that the Leader write to the Secretary of State at the Department of Business, Energy and Industrial Strategy and local MPs to inform them of the council’s position.

The eventual decision, on an amendment from Councillor Matt McCabe, seconded by Councillor Vic Pritchard was that;

It was RESOLVED to defer this item to the following meeting, in order for recent related developments to be taken into account and incorporated if deemed appropriate. (The aspiration being for this to be a cross party motion).

[Notes;

1.  During debate, a proposed amendment from Councillor Alastair Singleton was moved introducing the subject of fracking and Oil & Gas exploration.  A copy of the amendment has been attached to the record.  This was challenged by Councillor Wright, under Constitutional rule 3.1.27 and following advice from the Monitoring Officer, the Chair deemed this proposed amendment to be invalid.

2.  The above successful amendment to defer this item was, following further advice from the Monitoring Officer, deemed to be valid.

3.  A proposal to move to the vote was moved by Councillor Kevin Guy, seconded by Councillor Vic Pritchard, and carried by a majority of Members standing.

4.  The successful substantive was carried with 43 Councillors voting in favour, 1 Councillor voting against and 1 Councillor abstaining.]

There were no items from Councillors.