Agenda and draft 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.

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 Chair announced that the Monitoring Officer had issued a dispensation for all Councillors with regard to agenda Item 13 “Report of the Independent Remuneration panel” to enable members with potential disclosable pecuniary interests in relation to allowances in their role as Councillors, to take part in the debate and vote.  Failure to grant a dispensation would impede the transaction of the business of the meeting.

Declarations were made by the following Councillors;

Minute 29 – Statements from the Public

·  Cllr Matt McCabe, Community Director and Shareholder of Komedia, in relation to a statement being made.

·   

Minute 37 – Green group motion on Tackling the Housing crisis

·  Cllr Tim Warren – landlord

·  Cllr David Biddleston – landlord

·  Cllr Matt McCabe – landlord

·  Cllr June Player – landlord

·  Cllr Shaun Hughes – landlord

·  Cllr Ruth Malloy – landlord

·  Cllr Oli Henman – landlord

·  Cllr Lucy Hodge – landlord

Minute 38 - Liberal Democrat group motion on Bus Services

·  Cllr Dave Biddleston as Keynsham Town Council has applied for and received BSIP funding from WECA for West Local bus services.

·  Cllr Alex Beaumont as Keynsham Town Council has applied for and received BSIP funding from WECA for West Local bus services.

·  Cllr Grant Johnson as Paulton Parish Council has applied for and received BSIP funding from WECA for West Local bus services.

·  Cllr Liz Hardman as Paulton Parish Council has applied for and received BSIP funding from WECA for West Local bus services.

·  Cllr Dave Harding as a member of a local community group receiving funding from WECA for West Local bus services.

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

On a motion from Councillor Grant Johnson, seconded by Councillor Matt McCabe, it was

RESOLVED that the minutes of the meeting of 19^th September 2024 be approved as a correct record and signed by the Chair.

The Chair referred to the presentation Councillors had received from the Somerset Lieutenancy and reminded Councillors of the nomination process for King’s Awards and National Honours.

The Chair made the usual housekeeping announcements about phones and microphones.

The Chair asked Councillors to stand for a minute’s silence as a mark of respect following the recent death of former Councillor Rob Appleyard.

The Chair has agreed an item of urgent business “Appointment of Interim Executive Director Resources (Section 151 Officer)”.

The Chair informed the meeting of an item of urgent business which she had accepted – “Appointment of Interim Executive Director (Section 151 Officer)” – which would be taken as the first substantive item after the Items from the Public.  The report had been circulated to all Councillors.

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;

Tim Spratt made a statement about the Winifred Lane Experimental Traffic Regulation Order (ETRO), a copy of which has been added to the Minute book and online record.  Tim outlined the problems with the ETRO and called upon the Council to listen to concerns and find a solution that is safe and works for local people.  Councillor Colin Blackburn asked whether WECA might be liable for approving ineligible funding, and B&NES forced to repay the CRSTS if it’s not complying with Department for Transport guidelines.  Tim replied that could be the case.  Councillor Joanna Wright asked what data the Council had from before and after the ETRO, to which Tim replied that he did not know.  Councillor Tim Warren asked for clarification that Tim had said that the ETRO was illegal, to which he replied that it was.

Susan Charles made a statement about accessible homes, a copy of which has been added to the Minute book and online record.  She added to the comments she had made at the last meeting, calling for 5 changes to Planning regulations that could make a huge difference to accessible housing.  Councillor Kevin Guy asked if Susan would be happy to meet with the Cabinet Member for Housing to discuss these issues, to which Susan replied that she would.  Councillor Saskia Heijltjes asked what the 5 changes are, which Susan explained were; level access, wider doorways, moveable bathroom walls, good lighting in stairways and joists and rafters placed so that lifts were possible.

Joanne Laishley made a statement about the commitments the Council made in the Peace motion at its meeting on 18^th July 2024.  She expressed frustration about her perception of lack of progress and suggested further dates on which it would be appropriate to fly the UN flag.

Marie Duffy made a statement about the situation in Gaza and its effect on B&NES residents, a copy of which has been added to the Minute book and online record. She asked what steps were being taken to communicate the Council’s support set out in the July Peace motion.  The admirable support that had been shown to Ukrainian refugees did not appear to be being offered to Palestinian members of the community.  Councillor Kevin Guy asked Marie if she would be interested to meet the Council’s Refugees Officer, to which she said she definitely would.

Polly Campbell-Preston made a statement about the Council commitments made in the Peace motion in July and in particular those in resolution 7 which called on Government to ensure safe routes, a copy of which has been added to the Minute book and online record.  She asked how this request had been communicated and what response had been been received.

Benazir Jatoi also made a statement about the Council commitments made in the Peace motion in July, a copy of which has been added to the Minute book and online record.  Whilst acknowledging this  ...  view the full minutes text for item 42.

The Chair had agreed to take this urgent report regarding the appointment of an Interim Executive Director for Resources, following a recommendation from the Restructuring Implementation Committee.

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

RESOLVED

1.  To approve the appointment of Interim Executive Director Resources and Section 151 Officer, Mr Christopher Kinsella, from 4 January 2025 to 31 March 2025, 3 days per week, in the first instance.

The Council is being asked to agree arrangements arising from Biodiversity Net Gain legislation.

The Council was asked to agree arrangements arising from Biodiversity Net Gain legislation.

On a motion from Councillor Matt McCabe, seconded by Councillor Oli Henman, it was unanimously

RESOLVED that

1.  Subject to resolution 3, to endorse the arrangement for delegating the planning enforcement function to neighbouring authorities (Bristol City Council, North Somerset, Somerset, South Gloucestershire, Wiltshire) solely for the purposes of entering into a S106 legal agreement for use of specific council owned land as a biodiversity net gain habitat bank.

2.  Subject to resolution 3, to endorse the arrangement for accepting a delegation of planning enforcement function from neighbouring authorities (Bristol City Council, North Somerset, Somerset, South Gloucestershire, Wiltshire) for the purposes of entering into a S106 legal agreement for use of their land as a biodiversity net gain habitat bank.

3.  To note that no delegation of the enforcement function or acceptance of such a delegation from/to another Council shall take effect until that other Council has made a reciprocal Council decision and shall end as between B&NES and the reciprocating Council as from the date either council revokes its delegation of function save that any delegation or acceptance of the enforcement function entered into before the date of revocation of the enforcement function shall remain valid.

4.  To note that a site specific S106 agreement will need to be agreed by officers for each habitat bank and the Council is under no obligation to enter into a legal agreement following the endorsement of the proposed arrangement by Council.

The Council is asked to note and approve the Corporate Audit Committee’s annual report.

The Council considered the annual report of the Corporate Audit Committee, noting that it was to be re-named as the Audit Committee.

On a motion from Councillor David Biddleston, seconded by Toby Simon, it was

RESOLVED unanimously that

1.  The Annual Report of the Corporate Audit Committee is noted, and Council confirm that it has received ‘assurance’ that the Committee are fulfilling the responsibilities as stated in the Committee’s Terms of Reference.

2.  The Local Code of Corporate Governance is noted following the endorsement of the revised Code at the Corporate Audit Committee’s meeting on the 1^st May 2024; and

3.  The revised Terms of Reference of the Audit Committee at Appendix 2 of the report (including the Committee’s change of name) be approved and updated in the Council’s Constitution.

The Council is asked to note and approve the Avon Pension Fund Committee’s annual report.

The Council considered the annual report of the Avon Pension Fund committee. 

On a motion from Councillor Paul Crossley, seconded by Councillor Toby Simon, it was unanimously

RESOLVED

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

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

This report gives details of performance against the Council’s Treasury Management Strategy for the first six months of 2024/25.

The Council considered a report giving details of performance against the Council’s Treasury Management Strategy for the first six months of 2024/25.

On a motion from Councillor Lucy Hodge, seconded by Councillor Toby Simon, it was

RESOLVED unanimously

1.  to note the Treasury Management Report to 30^th September 2024, prepared in accordance with the CIPFA Treasury Code of Practice; and

2.  to note the Treasury Management Indicators to 30^th September 2024.

The Constitution Working Group (CWG) has been arranged, with the main focus of work being the Financial Regulations and Contract Standing Orders.  Members also proposed various other areas for review, two of which received immediate agreement from the CWG and are proposed here.  The report also brings to Members’ attention some minor textual amendments made by the Monitoring Officer.

The Constitution Working Group (CWG) had made some recommendations to Council. The report also brought to Members’ attention some minor textual amendments that had been made by the Monitoring Officer.

On a motion from Councillor Dave Wood and seconded by Councillor Shaun Hughes, it was unanimously

RESOLVED to

1.  Agree the amendments in Appendix 1 considered and proposed by the Constitution Working Group;

2.  Note the changes made by the Monitoring Officer; and

3.  Note the timetable for Constitution Working Group items.

The Independent Remuneration Panel has reviewed the Member Allowances scheme and their report and recommendations are attached.

The Council considered the report of the Independent Remuneration Panel for Members’ Allowances, following their recent review of the scheme.

In moving the report, Councillor Kevin Guy placed on record his thanks to the Panel for their work, and emphasised the independence.

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

RESOLVED to

1.  Note the report of the Independent Remuneration Panel (IRP) on Members’ Allowances and agree with their recommendations;

2.  Agree that any changes be implemented from the start of the next financial year, aside from the changes to the Council Chair and Vice-Chair which would take effect from May 2025 Council AGM;

3.  Appoint the IRP with effect from May 2027 to review the Basic Allowance in accordance with recommendations 1,2 & 3 of their report; and

4.  Formally thank the Panel for their work.

[Notes;

1.  The above resolution was carried with 45 Councillors voting in favour and 3 Councillors voting against.]

The Council considered a motion from the Green group moved by Councillor Joanna Wright and seconded by Councillor Saskia Heijltjes.  Following a vote, this motion was

NOT CARRIED

Council Notes:

?  Bath’s status as a UNESCO World Heritage city attracts tourists, generating nearly half a billion pounds annually. However, the rise in short-term rentals, such as over 1,000 Airbnb listings, has reduced housing availability and pushed up rents by 5.2% from February 2023 to 2024.

?  House prices in Bath and North East Somerset (B&NES) have surged by over 72% in the last decade, making it increasingly difficult for residents to buy or rent affordable homes.

?  The Right to Buy scheme has diminished social housing stock nationally by 165,000 homes over the past decade, further reducing affordable options in B&NES.

?  The government has proposed new rules for property owners to register short-term lets and require planning permission for rentals exceeding 90 days per year.

Council Believes:

?  Housing costs are forcing residents out of the area.

?  Government regulations on short-term lets are essential to freeing up homes for long-term renters.

?  Tackling the housing crisis in B&NES requires more social housing investment and rent controls.

Council Resolves to:

1. Request the Cabinet Member for Built Environment and Sustainable Development to write to the government, asking for local authorities to have the power to introduce rent controls in B&NES.
2. Develop local measures to limit the impact of short-term holiday lets, including:

3. Request the Leader of the Council to write to the government calling to:

4. Improve policies on empty homes by:

5. Requests Cabinet to

[Notes;

1.  The above motion was lost with 4 Councillors voting in favour, 40 Councillors voting against and 4 abstentions.]

Council considered a motion from the Liberal Democrat group.

On a motion from Councillor Fiona Gourley, seconded by Councillor Jess David, it was

RESOLVED that

Council notes that:

1. The £2 bus fare cap scheme was introduced in January 2023 to encourage people to use buses and to help tackle the cost-of-living crisis.
2. The government has recognised the need to continue capping bus fares but has decided to increase the cap to £3 in 2025.
3. This 50% increase in single adult fares is likely to disproportionately affect the least well-off, particularly in rural, isolated and disadvantaged communities.
4. The increase is likely to suppress bus patronage, lead more people to choose to drive, and put ‘uneconomic’ routes at risk of being cancelled.
5. The West of England Combined Authority’s Bus Service Improvement Plan (BSIP) includes specific funding streams dedicated to making bus fares more affordable. These BSIP-funded initiatives currently support local bus fare subsidies in the region and are already set to continue until March 2025. Additionally, the Mayor’s “Birthday Bus” scheme, also funded through BSIP, will run until the end of 2025.

Council believes that:

6. Affordable bus services are essential to enable residents to get to work or access services, shops and schools.
7. Making bus travel the first choice for more residents is essential to reducing congestion, improving air quality, and tackling the climate crisis.
8. The government budget showed skewed priorities with only £151m allocated to the bus fare cap compared to £3bn support for cheaper motoring.

Council therefore:

9. Asks the Leader of Council to write to Government ministers, sharing Council’s views and calling for the £2 bus fare cap to be restored.

10. Calls on the West of England Combined Authority Mayor to allocate Bus Service Improvement Plan funds towards maintaining the £2 fare cap across the West of England.

11. Calls on the West of England Combined Authority Mayor to urgently progress work towards bus service franchising in the region, as the only long-term solution to securing essential bus routes, achieving greater fare structure control, and providing more stable, predictable service levels for residents across the network.

[Notes;

1.  The above successful resolution was carried with 37 Councillors voting in favour, 7 Councillors voting against and 2 abstentions.]

The Council considered a report from the Independent Group, moved by Councillor Shaun Hughes and seconded by Councillor Tim Warren.  Following a vote, this motion was

NOT CARRIED

Background:

1. The introduction of parking charges in both Midsomer Norton and Radstock was first proposed at the February budget meeting with the objective of raising £195,000 for the Council.
2. Following a public consultation the decision is to introduce emission-based charges in January 2025.
3. The decision made is now 2 hours free car parking with a reduced hourly rate.
4. Justification is now to improve air quality.

To Note:

1. PARKING SURVEYS - No parking surveys have been undertaken within the towns to understand demand and usage patterns, equally no figures have been produced for the implementation, management, maintenance and enforcement costs therefore profit or loss to the local taxpayers cannot be established.

2. FINANCIAL VIABILITY - No financial viability reports are available and no financial benefits to BANES Council, Midsomer Norton businesses or residents can be identified. With the amendment to 2 hours free parking the budget target of £195k cannot be achieved and could result in the scheme losing money.

3. IMPACT ASSESSEMENT - No impact assessment has been undertaken to understand the harm to local businesses, sustainability, footfall and effect on the local workforce. No analysis has been undertaken to understand the potential negative impact created by vehicle displacement to air quality and residential developments close to the high street.

4. EFFECT ON LOW INCOME FAMILIES - The charges unfairly discriminate against low-income families and residents on minimum wage. Many currently employed within retail and hospitality sectors, emission-based charges further penalise those on low incomes that are car dependent but cannot afford the latest fuel efficient or electric vehicles.

5. PUBLIC TRANPORT – As we are all very aware our public transport in North East Somerset is abysmal, lacking funding and investment. Without a car many residents would be stranded and without access to council offices, libraries, banks, pharmacies or professional services, facilities that residents in Bath can take for granted.

6. AIR QUALITY - No Air Quality studies have been undertaken to establish current levels in relation to government standards, therefore it is not possible to set targets for air quality improvements as current levels are unknown.  There is no evidence of any issues with current Air Quality levels within our towns. Claims made of 77% support through the public consultation are flawed due to the multiple-choice question pre-determining the response.

7. PUBLIC CONSULTATION - There is evidence to indicate that the public consultation multiple choice questionnaire was designed to provide a pre-determined outcome in favour of the parking proposal. The objections received from 4000 residents through the public consultation have not been given sufficient weight contrary to the core policy “giving people a bigger say”.

8. HIGH STREET REGENERATION – Midsomer Norton High Street is struggling for survival through years of neglect and lack of investment and our businesses are in genuine fear of losing their livelihoods, this decision completely undermines all of the regeneration projects and  ...  view the full minutes text for item 52.

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

RESOLVED unanimously that

Council notes:

1. It’s hard to concentrate, learn or interact when hungry – especially as a child.
2. Food insecurity impairs the growth of body and mind, as well as relationships. Such disadvantages can have lifelong impact. 

Council welcomes the work of, amongst many others,

3. BNES’ Director of Public Health, whose Annual Report (Sep ’24) estimates 5% of our population, over 8,000 residents, sometimes or often don’t have enough to eat;
4. The Trussell Trust, who say over 3,000 local children were supported by emergency food parcels last year;
5. St John’s Foundation, who are funding free school meals for 700 children in six local primary schools until July 2025,and B&NES Fair Food Alliance (BFFA), made up of over 60 organisations, who developed the ‘B&NES food equity action plan 2022-25’.

Council acknowledges that:

6. Free school meals (FSM) are government-funded, and administered by councils.
7. To qualify for FSM, families must receive certain income-related benefits, or if they receive Universal Credit their annual household income must be below £7,400 after tax.
8. Estimates say FSM can save a hard-pressed family £1,400 a year.
9. For each FSM-registered child, a school gets pupil premium funding for wider support: £1,455 in primary schools; £1,035 in secondaries.

Council is concerned that:

10. The numbers of eligible children in BNES leapt by 27% between May ‘20-May ‘23.
11. This January, 17% of children in B&NES state schools (4,715) were eligible – nearly 2,500 were at primary school.
12. Too many eligible families aren’t claiming FSM because of administration, language, literacy issues and stigma.

Council is alarmed that:

13. Across all age groups, the gap between the attainment of children on FSM and not in BNES is consistently larger than the gap across the rest of the country.
14. For 7-11 year-olds (key stage 2), the gap is the worst in the country
15. For 0-5 year-olds, (early years foundation) BNES is the third worst in the country.

Council notes that

16. A large number of local authorities have introduced FSM auto-enrolment for eligible families – Sheffield, Lambeth, Wandsworth, Lewisham, Bedford, York, Coventry, to name a few.
17. Reported benefits include better health, concentration and achievement, and reductions in stigma, absence, and under-achievement. School funding increases and everyone gains from the benefits throughout the child’s lifetime.
18. In implementing auto-enrolment, officers will look to capture data from several systems and ensure we do not contravene any legal access rights. We will also provide opportunities to families to opt out of the process should they wish to do so for personal reasons.
19. The Household Support Fund has been used to provide vouchers for children who receive income-related free school meals during school holiday periods, but this is dependent on parents claiming free school meals for their children. Some low-income households could be missing out on this additional support during school holiday periods.

And therefore resolves to:

20. Request Cabinet and council services continue to investigate and implement auto-enrolment to tackle the lack of  ...  view the full minutes text for item 53.

The Chair noted that statements had been registered from Councillors Bharat Pankhania and Joanna Wright and, when provided, have been accepted into the Minute book.