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 4.4 Appendix 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.

The following Councillors declared interests;

Councillors David Biddleston, Paul Crossley and Lucy Hodge declared a disclosable pecuniary interest in item 10 “Council Tax – Second Homes” and left the Chamber for the duration of this item.

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

On a motion from Councillor Kevin Guy, seconded by Councillor Michelle O’Doherty, it was

RESOLVED that the minutes of 21^st September 2023 be approved as a correct record and signed by the Chair.

At the request of the Chair, Council stood for a minute’s silence in recognition of the recent death of Peter Edwards, former B&NES Councillor for Publow & Whitchurch (2003 – 2015) and Council Chair.

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;

Kate Uzell, South West Area Coordinator of RoadPeace, a national charity for road crash victims, made a statement about preventing road deaths.  A full copy of the statement is attached to the online record and added to the Minute book.  Councillor Joanna Wright asked if the RoadPeace charity supported the Vision Zero motion on the agenda, to which Ms Uzell confirmed that it did.

Matt Cooper made a statement about accelerating the transition to a clean energy future.  A full copy of the statement is attached to the online record and added to the Minute book.  He reflected on progress that had been made since he spoke to Council a year ago and commended the process so far, but also reflected on the overwhelming extreme climate events and stressed that we must seek to phase out fossil fuels via the Fossil Fuel non-proliferation treaty.  Councillor Saskia Heijltjes asked which other bodies had signed the treaty, to which Matt listed various states, cities and international organisations that had signed up.

Adam Reynolds made a statement about the Bath City Riverside Enterprise Area, a copy of which is attached to the online record and the Minute book.  He highlighted some of the missing infrastructure links for the Sustainable Transport Route, which affected people cycling and walking in the area, and called for various actions to address these.

David Redgewell made a statement about the relationship between the Council and WECA and called for an urgent serious discussion about the transport levy and bus services.  He expressed his disappointment that so many posts at WECA are filled on an interim basis, which were expensive and not conducive to achieving effective results.  Councillor Sarah Warren asked Mr Redgewell if he was aware of other Combined Authorities where the Mayor listened to the unitary authorities, to which he replied that he thought this worked in the Cambridgeshire and Peterborough Combined Authority.  Councillor Liz Hardman asked if Mr Redgewell considered that more money was needed in the transport levy, to which he agreed, and said that we need to look carefully at the Bus Service Improvement plan.  Councillor Tim Warren asked whether, if money was prioritised differently and collaboration was better, that would mean there was enough money for bus services, to which Mr Redgewell responded he would welcome better collaboration but stressed again it came down to the calibre of officers and having permanent people in place.  Councillor Joanna Wright asked what meetings were currently in place to agree a positive solution for buses in the region, to which Mr Redgewell replied that a meeting was needed as there had not been budget discussions or recent scrutiny meetings, and the meeting the following day was focussed on one issue, which would not address the urgent need for bus solutions for the area.

Callum Clafferty made a statement about young people and students’ experience with regard to the Vision Zero motion, outlining the  ...  view the full minutes text for item 53.

On a motion from Councillor Mark Elliot, seconded by Councillor Toby Simon, it was unanimously

RESOLVED to agree the proposals put forward in the report.

In moving this item, Councillor Mark Elliott highlighted a minor technical amendment that was needed to the report in sections 3.3 and 3.6 from “section 72” to “section 79” of the Levelling-Up and Regeneration Act 2023 (The Act) (numbering change from the draft Bill to the final Act receiving Royal Assent).

On a motion from Councillor Mark Elliott, seconded by Councillor Malcolm Treby, it was unanimously

RESOLVED to increase the council tax empty homes premium to 100% for properties empty for between one and five years (currently between two and five years), from 1 April 2024.

In moving this item, Councillor Mark Elliott highlighted another minor technical amendment that was needed to the report in sections 3.1, 3.4 and 3.5 from “section 73” to “section 80” of the Levelling-Up and Regeneration Act 2023 (The Act) (numbering change from the draft Bill to the final Act receiving Royal Assent).

On a motion from Councillor Mark Elliott, seconded by Councillor Matt McCabe, it was unanimously

RESOLVED to increase the council tax for all second homes by 100% from 1 April 2025.

On a motion from Councillor Mark Elliott, seconded by Councillor Kevin Guy, it was unanimously

RESOLVED that Council is asked to adopt the policy included in the appendix to this report which gives officers a direction to disregard War Pension income in the assessment of Housing Benefit.

On a motion from Councillor Mark Elliott, seconded by Councillor Oli Henman, it was unanimously

RESOLVED that

1.  The Treasury Management Report to 30^th September 2023, prepared in accordance with the CIPFA Treasury Code of Practice, is noted; and

2.  The Treasury Management Indicators to 30^th September 2023 are noted.

On a motion from Councillor Dave Wood, seconded by Councillor Ian Halsall, it was unanimously

RESOLVED to

1.  Approve the proposed changes to polling districts and polling places, except for the proposed merger of polling districts B-BK4 and B-BK5; i.e. separate polling districts and polling stations to be maintained at University of Bath Library and Claverton Down Community Hall.

2.  Authorise the Electoral Registration Officer to take the necessary measures to give effect to any new or amended polling districts, ensuring that the electoral register published on 1 December 2023 reflects the proposed changes.

3.  Agree to hold a consultation on changing the name of Twerton ward to ‘Twerton and Whiteway’, as referenced in paragraph 3.8 of the report.

On a motion from Councillor Paul Crossley, seconded by Councillor Shaun Stephenson-McGall, it was unanimously

RESOLVED

1.  To note the Committee’s Annual Report to Council; and

2.  To note the Pension Board’s Annual Report.

On a motion from Councillor Tim Ball, seconded by Councillor Joanna Wright, it was unanimously

RESOLVED to

1.  To note the Annual Report of the Charitable Trust Board for 2021/22; and

2.  To note that, in future, the Annual Report of the Charitable Trust Board will be brought to Council before the end of the financial year.

On a motion from Councillor Tim Ball, seconded by Councillor Shaun Hughes, it was unanimously

RESOLVED to

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

2.  Note the RIPA & IPA training module (Appendix 2); and

3.  Adopt the Home Office Covert Human Intelligence Sources Code of Practice (revised December 2022) set out at paragraph C.1.13 of the Council’s Policy on the use of Regulation of Investigatory Powers Act 2000 (RIPA) & Investigatory Powers Act (IPA) 2016 (Appendix 3).

On a motion from Councillor Saskia Heijltjes, seconded by Councillor Joanna Wright, it was unanimously

RESOLVED that

Council notes:

1.  Statistics from the Department for Transport state that between 2017 and 2021 – the last period with complete data, 15 people were killed and 133 seriously injured by vehicle collisions within Bath and North East Somerset. On average, 292 are injured every year on B&NES Roads and 31 are killed or seriously injured. The number of all reported personal injury collisions on Bath and North East Somerset highways has reduced by 46% over the last decade, however vulnerable road users like cyclists and pedestrians are disproportionately affected.

2.  Bath and North East Somerset’s aspirations on road safety are included in the West of England Combined Authority (WECA) Joint Local Transport Plan 4 (JLTP4), which contains a target: ‘a vision of zero avoidable deaths on locally managed roads by 2036,’ and an objective: ‘Road safety for transport users is improved, particularly for those most at risk.’ Progress against the targets in JLTP4 is monitored through the Combined Authority’s annual Progress Reports. The council’s current and recent efforts to make roads safer include:

?  More than 10,000 children in Bath & North East Somerset will receive some form of road safety education this year;

?  Recent road layout schemes, including the B3114 collision reduction scheme and the London Road cyclist safety scheme;

?  Numerous pedestrian improvements near schools;

?  A programme of 20mph speed limits.

?  Support for Community Speedwatch programmes in collaboration with the Police

3.  As part of any highway scheme, Bath and North East Somerset Council undertakes a series of robust safety audits in line with national guidance, to provide a detailed independent assessment of a scheme. This ensures that safety aspects of design and implementation have been scrutinised and addressed. Reduction in the number and severity of casualties for all road users is supported through the following interventions:

?  Considering the needs of all road users in the design of transport and highway schemes, particularly vulnerable road users

?  Delivering road safety education and skills training to equip people with the knowledge and skills to travel in a safe and sustainable way

?  Working in partnership to build safer communities

4.  Vision Zero is a proven strategy to eliminate all traffic fatalities and severe injuries while increasing safe, healthy, and equitable mobility for all. Key principles include:

?  Safe speeds - encouraging speeds appropriate to the street;

?  Safe streets - designing an environment forgiving of mistakes;

?  Safe vehicles - reducing risks posed by the most dangerous vehicles;

?  Safe behaviours - improving the behaviours of people using our roads;

?  Post-collision response - learning from collisions and improving justice and care for victims.

5.  B&NES council has recently launched the Joint Health and Wellbeing Strategy and Corporate Strategy which set out priorities for healthy communities as well as safe neighbourhoods.

6.  Councils and organisations that have adopted Vision Zero include: Bristol, Kent, Devon, Cornwall, Brighton and Hove, Blackpool, Leeds, Hackney, Transport for London, National Fire Chiefs Council, The  ...  view the full minutes text for item 63.

On a motion from Councillor John Leach, seconded by Councillor Anna Box, it was

RESOLVED that

Council notes:

1.  The recent announcements by the Prime Minister, moving back the dates for the banning of sales of new petrol and diesel cars from 2030 to 2035, loosening the phase out of gas boilers and reducing the obligations on landlords to insulate their properties.

2.  Delaying the ban on combustion engine car sales will mean that more petrol and diesel cars will be on our roads for longer, resulting in more harmful emissions for longer.

3.  Cutting the budget for cycling and walking in England by more than 50% will mean that people will be relying on cars to get around, resulting in more harmful emissions for longer.

4.  Loosening the phaseout of new gas boilers will mean that more gas boilers are in use for longer, resulting in more harmful emissions for longer.

5.  Reducing the obligations on landlords to insulate their properties will also lead to higher emissions for longer and cost renters more in higher bills for longer.

6.  Car and boiler manufacturers that have been working to the previous dates now have uncertainty over the investments there were making, creating doubt over their future strategy.

7.  Even if the overall Net Zero target of 2050 is subsequently met, more greenhouse gases will have been emitted into our atmosphere, exacerbating the effects of Climate Change.

Council therefore resolves that:

1.  The Leader of the Council should write to the PM expressing our concern at this change in policy, our frustration that it will increase the impact of Climate Change and our anger that it will undermine our country’s climate change strategy, and to urge the government to reverse its announcement.

2.  The Council should seek to join forces with other like-minded Councils to explore the best way to challenge the Government’s change in policy, for example, via the LGA.

On a motion from Councillor Lesley Mansell, seconded by Councillor Robin Moss, it was unanimously

RESOLVED that

1.  Council notes:

·  the campaign initiated by Unite the Union called: ‘Get me home safely’ to ensure safe home transport is widely available for night time economy and shift workers who often struggle to find and pay for transport home after midnight.

·  the campaign’s call on employers to take all reasonable steps to ensure workers are able to get home safely from work at night

·  that shift work is widespread in many industries, particularly hospitality, as well as health and care workers, retail, cleaning, security and porter staff, and can often entail late-night working;

·  and that many workers, especially women, are increasingly worried about their safety when travelling to and from work at night;

·  only 2% of victims report sexual harassment on public transport.

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

2.   Council believes that:

·  while employers may feel their duty of care to staff ends when an employee finishes a shift, they should take into consideration journeys home, especially during unsocial hours;

·  the weakness of enforcement of the law against sexual assault, including up-skirting, on public transport is appalling, and

·  greater numbers of trained staff and stronger enforcement of the law against sexual assault and harassment on public transport are urgently needed;

·  Such a move would significantly benefit the safety and wellbeing of hospitality workers, particularly women, who often cannot afford, or access, safe transport options late at night and will also benefit our community. 

3.  Council therefore resolves to: 

1.  work through business and partnership forums to highlight safe travel home concerns and to encourage sharing of best practice, and call on the Licensing Committee to review opportunities to use appropriate licensing processes to include additional criteria when considering late opening applications from licensed premises, such as encouraging venues to provide free transport home for night shift employees;

2.  campaign for & encourage improvements to late night and off-peak transport service provision, as well the lowering of fares;

3.  oppose any cuts to public transport funding and for our elected officials to use their powers and political platforms to achieve this;

4.  reiterate its call for the WECA Mayor to develop a co-ordinated, long-term approach to public transport in our area, through bus franchising or equivalent, and to call on the Mayor to make better use of Bus Service Improvement Plan (BSIP) funding in order to secure lower prices and improve service provision, including safety provision, especially for rural, night-time and off-peak services;

5.  call on our local MPs to make representation to the Government and other appropriate authorities at regional and local levels of governance to bring forward national minimum standards for taxis and private hire as per the recommendations of the Department of Transport independent Taxi & Licencing group, Unite’s Get Me Home Safely campaign, in support of this motion and its  ...  view the full minutes text for item 65.

Councillor Eleanor Jackson made a statement about developments in the arrangements for future bus services in NE Somerset, a copy of which is attached to the online record and the Minute book.

Councillor Fiona Gourley made a statement about rural bus service provision discussions with WECA & recent developments with Westlink, a copy of which is attached to the online record and the Minute book.  Councillor Sam Jones asked if local Councillors could be included in discussions.

Councillor Tim Warren made a short statement about the Charlton Park estate in Midsomer Norton and the lack of grass cutting which has continued since No Mow May.  He acknowledged the ecological reasons for leaving meadows and patches of grassland uncut but explained that residents were upset about the state particularly of the entrance and exit and wondered why it was necessary to leave small areas such as this unmowed.

Councillor also noted the statements from the following Councillors which were circulated to Members;

Councillor Paul May - Care Leavers’ protected status.

Councillor Shaun Stephenson-McGall – Pavement parking.

Councillor Sam Ross – Rural connectivity.

The Chair thanked the Councillors for their statements, before closing the meeting.