Decisions

Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the council’s decision making bodies, and officers.

Alternatively you can visit the officer decisions page for information just showing officer delegated decisions that have been taken by council officers.

For historical officer decisions before 10/11/2018 please contact: Democratic_services@bathnes.gov.uk

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Earlier - Later

Decisions published

17/01/2020 - Business Rate Forecast 2020/21 ref: 1354    Approved

The authority is required under paragraph 40 of schedule 1 to the Local Government finance Act 2012 to make calculations, and supply information on their anticipated collectable business rate income for the following year. This report sets out the calculations and seeks approval by the Council’s Chief Financial Officer. These figures will form part of the funding in relation to the Council’s 2020/21 budget.

The Local Government Finance Act 2012 amended the 1988 Local Government Finance Act to give local authorities the power to retain a proportion of funds obtained from business rates collected in their area.

The Department for Housing, Communities and Local Government guidance requires each billing authority should formally set a Business Rate baseline each year. This baseline will be the authority’s estimate of the business rates it forecasts to collect in the following financial year, net of any reductions such as reliefs and the estimated cost of appeals.

The Government introduced pilot schemes in 2017/18 in advance of permanent reforms to business rate retention later in the parliament. Initially only authorities with signed devolution deals were eligible to participate in a pilot in 2017/2018. The pilot for the West of England (WoE) commenced in 2017/2018 and includes Bath & North East Somerset Council, Bristol City Council, South Gloucestershire Council and the West of England Combined Authority.

The 100% pilot gives the WoE the opportunity to retain 100% of any business rates growth over the next year, with no downside financial risk when compared to remaining in the national system. It also gives the WoE the opportunity to help shape the national scheme.

In line with the Government’s stated intention for the reforms to the Business Rate Retention system, authorities participating in a pilot will not have to pay a Levy on growth above their Retained Income target and will retain an increased Local Share of Non-Domestic Rating Income and sums due from Government paid via Section 31 grant. The Pilot includes the rolling in of the Revenue Support Grant with the WECA receiving a small share of the business rates to reflect the rolling in of the DfT Integrated Transport Block and Highways Maintenance Capital Grants; this is shown in Table 1 below.

In line with the approval process for the Council Tax Base, the decision on the Business Rate forecast is delegated to the Council’s Chief Financial Officer. The Ministry of Housing, Communities & Local Government requires the council to submit details of its forecast through a statutory return called the NNDR1. This return must be submitted by 31st January 2020.

The estimated business rate income for 2020/21 is £66.834m; of this the Council retains £23.209m after the tariff payment to the Government is taken into account. A breakdown is shown in Table 1 below.

Table 1 Business Rate Distribution

Anticipated Business Rate Distribution 2020/21
£m
Bath & North East Somerset Council Business Rate Income (Total business rates collected after deductions) 66.834
Central Share to Government 0.000
5% Share to WoE Combined Authority (3.342)
1% Share to Avon Fire Authority (0.668)
Deductions for Tariff (39.615)
Bath & North East Somerset Council estimated retained Business Rates 23.209

In past years, the Government has announced a series of measures that continue to affect the business rates income of Local Authorities in 2020/21. These changes were:

i. Capping the increase in the business rates multiplier at CPI instead of RPI with effect from 1 April 2018.

ii. A discretionary relief scheme that will last four years to provide relief to the ratepayers facing significant increase in their bills following revaluation.

iii. Capping the increase in the business rates multiplier at 2% in both 2014/15 and 2015/16 (rather than it increasing in line with September RPI increases of 3.2% and 2.3%).

iv. A Supporting small business rates relief scheme to support those rate payers who lost all or some of their small business or rural rate relief due to revaluation.

v. The doubling of Small Business Rate Relief made permanent from 1st April 2017 with changes to eligibility thresholds.

vi. The doubling of rural rate relief to be awarded through discretionary relief until such time as the Government can make the necessary changes to primary legislation.

vii. Bills were cut by one-third for retailers, retailers including shops, cafes and restaurants in England properties with a rateable value below £51,000, benefiting up to 90% of retail properties, for 2 years from April 2019 subject to state aid limits.


All the above measures will be compensated through payment of a section 31 grant. The Council has estimated the impacts of these reliefs and has included the estimate of grant income in its 2020/21 budget.

The Council’s budget for 2020/21 also reflects transactions relating to the business rate pooling arrangements within the West of England City Region Deal agreement. These arrangements have been set out in previous budget reports.

The Section 151 Officer is required to estimate the amount of any surplus or deficit on the Collection Fund relating to Business Rates as at 31st March 2020. This must be done by the 31st January 2020, and this report also asks the Director of Finance to approve the balance projected related to Business Rates.

After calculations of current year collection and adjustments to the business rate base in 2019/20, including making provision for appeals, it is estimated that the 2019/20 collection fund account position relating to business rates will be in surplus by £1.615m. The surplus will be shared between the Council, WECA and Avon Fire Authority in line the 100% pilot shares. The Council’s total share of the projected surplus is £1.518m.

The overall position of the forecast 2020/21 business rate income and the forecast 2019/20 surplus on the collection fund have been taken into account in the overall Council’s budget proposal which will be presented to Council on the 25th February 2020.

Decision Maker: Director Finance - Section 151 Officer

Decision published: 05/02/2020

Effective from: 17/01/2020

Decision:

That the calculation of the Council’s business rate forecast for the year 2020/21 as set out in this report be approved. The total forecast Business Rate income for 2020/21 is £66.834m, of which the Council will retain £23.209m after allowing for the required tariff payment of £39.615m and the WoE Combined Authority and Fire Authority shares as shown in Table 1 of the report.

That the projected surplus on the collection fund as at the end of 2019/20 related to Business Rates is declared at £1.615m. The Council’s share of the deficit is £1.518m.

Lead officer: Donna Parham


16/01/2020 - Claverton Neighbourhood Development Plan ref: 1349    Approved

The Localism Act 2011 has reformed the planning system to give local people new rights to shape the development of the communities in which they live.

The Act provides for a new type of community-led initiative known as a Neighbourhood Development Plan which sets out the policies on the development and use of land in a parish or ‘Neighbourhood Area’.

The Council has a duty to assist communities in the preparation of Neighbourhood Development Plans and orders and to take a Plan through a process of examination and referendum and to bring the Neighbourhood Plan into force. This duty includes making the plan as soon as is reasonably practicable but in any event within 8 weeks after the referendum approving the plan has taken place.

Decision Maker: Director Development and Public Protection

Decision published: 24/01/2020

Effective from: 16/01/2020

Decision:

Make and bring into force the Claverton Neighbourhood Development Plan as part of the Development Plan for the Claverton Neighbourhood Area, in accordance with Section 38A(4) of the Planning and Compulsory Purchase Act 2004 (as amended by the Localism Act 2011 and the Housing and Planning Act 2016).

Following the Cabinet decision on the 16/01/2020 (E3188) the plan will be brought into force.

Lead officer: George Blanchard


16/01/2020 - Claverton Neighbourhood Development Plan ref: 1345    Approved

Subject to passing the Community Referendum in December 2019 this Report will seek to make and bring into force the Claverton Neighbourhood Development Plan.

Decision Maker: Cabinet

Made at meeting: 16/01/2020 - Cabinet

Decision published: 16/01/2020

Effective from: 24/01/2020

Decision:

RESOLVED (unanimously) that the Cabinet agreed to:

 

2.1 Make and bring into force the Claverton Neighbourhood Development Plan, as set out in Appendix 1, as part of the Development Plan for the Claverton Neighbourhood Area, in accordance with Section 38A(4) of the Planning and Compulsory Purchase Act 2004 (as amended by the Localism Act 2011 and the Housing and Planning Act 2016).

Wards affected: Bathavon North;

Lead officer: Richard Daone


16/01/2020 - Homelessness & Rough Sleeping Strategy 2019/24 ref: 1344    Approved

The Homelessness Act 2002 requires the Council to carry out a review of homelessness to inform the production of a homelessness strategy every 5 years. The draft Homelessness & Rough Sleeping Strategy 2019-24 meets this requirement.

Decision Maker: Cabinet

Made at meeting: 16/01/2020 - Cabinet

Decision published: 16/01/2020

Effective from: 24/01/2020

Decision:

RESOLVED (unanimously) that the Cabinet:

 

2.1 Agreed the Homelessness & Rough Sleeping Strategy 2019/24.

Wards affected: (All Wards);

Lead officer: Ann Robins


16/01/2020 - Integrated Transport Authority ref: 1342    Approved

To update Cabinet on the work to establish the WECA Integrated Transport Authority.

Decision Maker: Cabinet

Made at meeting: 16/01/2020 - Cabinet

Decision published: 16/01/2020

Effective from: 24/01/2020

Decision:

RESOLVED (unanimously) that the Cabinet agreed to:

 

2.1 Approve the transfer to WECA of the staff (and associated costs) to enable the direct delivery by WECA of the four core public transport functions contained in the WECA Order 2017, on the basis that there is no additional cost to this authority or loss of income

2.2 Delegate to the Director of Environment authority to progress the transfer arrangements, in consultation with the Cabinet Members for Transport.

Lead officer: Mandy Bishop


16/01/2020 - Mead Lane Moorings ref: 1343    Approved

To receive a report on the recent consultation on the Moorings and to consider future options.

Decision Maker: Cabinet

Made at meeting: 16/01/2020 - Cabinet

Decision published: 16/01/2020

Effective from: 24/01/2020

Decision:

RESOLVED (unanimously) that the Cabinet agreed to:

 

2.1 Request from officers to undertake a structural survey of the river bank at Mead Lane and as part of the survey consider the suitability of this land for future moorings. This request is subject to approval of the revenue budget provision by Cabinet/Council in February 2020.

2.2 Request that officers report back to Cabinet once the results of the structural survey are known, to enable Cabinet to make an informed decision on the long term use of this land

2.3 Remove moorings at Mead Lane with effect from 21 days after the date of this decision. Any Council enforcement action to be subject to compliance with statutory duties.

2.4 Request that officers undertake further analysis of residential mooring arrangements along the river, to include arrangements for boaters
and their families.

Lead officer: Mandy Bishop


16/01/2020 - B&NES Local Development Scheme Review ref: 1341    Approved

This report recommends a review of the Council's programme for the preparation to planning policies to ensure an up-to-date planning framework for the District.

Decision Maker: Cabinet

Made at meeting: 16/01/2020 - Cabinet

Decision published: 16/01/2020

Effective from: 24/01/2020

Decision:

RESOLVED (unanimously) that the Cabinet agreed to:

 

2.1 Agree the key priorities for the preparation and review of Planning Policies in B&NES as summarised in para 3.2 of this report, and

2.2 Delegate to the Director of Development and Public Protection (in consultation with the Cabinet Member for Housing, Planning, and Economic Development) the task of preparing a revised Local Development Scheme to reflect those priorities. The revised scheme would then be presented to Cabinet at a subsequent meeting for consideration with a view to bringing it into effect.

Wards affected: (All Wards);

Lead officer: Simon De Beer


16/01/2020 - Bath's Clean Air Plan- Full Business Case ref: 1340    Approved

To receive an update on the Charging Order public consultation and decide the Full Business Case for the Clean Air Zone.

Decision Maker: Cabinet

Made at meeting: 16/01/2020 - Cabinet

Decision published: 16/01/2020

Effective from: 24/01/2020

Decision:

RESOLVED (unanimously) that the Cabinet agreed to:

 

2.1 Delegate authority to the Corporate Director of Place to formally submit to the government’s Joint Air Quality Unit (JAQU) for approval: the final Full Business Case (FBC), Clean Air Fund (CAF) bid; and the Charging Order. The main FBC is attached as Appendix 1 and the full package of 2 documents have been shared with Cabinet members and are published on the Council’s website.

2.2 Agree the key project programme milestones as shown in Section 3.5.

2.3 Agree the revised and final scheme boundary as shown in Appendix 2.

2.4 Note that a draft Communications Strategy has been developed to support the implementation of the scheme that integrates with the national communications campaign. This is set out in Appendix 3.

 

2.5 Consider the FBC Consultation Report setting out the views of the  respondents to the last public consultation and analysis of these views. This is set out in Appendix 4.

2.6 Confirm the launch of the approved scheme on 4 November 2020. This is the date upon which enforcement will commence and payment must be made for entering the Clean Air Zone (CAZ) in a non-compliant vehicle or be subject to enforcement via a penalty charge notice (PCN).

2.7 Note the recommendations of the independent review which have been incorporated into the FBC.

2.8 Note the changes made by JAQU as part of the core scheme since the end of the last public consultation.

2.9 Consider the updated Equalities Impact Assessment (EqIA)shown in Appendix 5.

 

2.10 Note that a meeting of the Climate Emergency and Sustainability Policy Development and Scrutiny Panel took place on 13th January 2020 and any recommendations will be reported to the Cabinet Member for Climate Emergency and Sustainability.

2.11 Delegate authority to the relevant Corporate Director and the Director of Legal and Democratic Services and the S151 Officer, in consultation with the Cabinet member for Climate Change and the Deputy Leader, the decision to agree and to enter into any relevant legal agreement to secure, the national operational agreement(s) for the operation of the Clean Air Zone.

 

2.12 Delegate authority to the relevant Corporate Director and the Director of Legal and Democratic Services, in consultation with the Cabinet member for Climate Change and the Deputy Leader, the decision to agree and make minor changes to the Clean Air Zone Charging Order for technical reasons before sealing.

2.13 Note that if the Council does not secure sufficient funds from DEFRA/DfT then the Council reserves the right to review the proposals as set out in this report to ensure that there is no impact on the Council’s wider budget.

 

 

Wards affected: (All Wards);

Lead officer: Cathryn Brown, Chris Major


16/01/2020 - Decision to complete a Transfer Agreement with Aequus Companies ref: 1346    Approved

To transfer staff and assets to the Aequus Companies and to provide a Local Government Pension scheme Guarantee.

Decision Maker: Cabinet

Made at meeting: 16/01/2020 - Cabinet

Decision published: 16/01/2020

Effective from: 16/01/2020

Decision:

RESOLVED (unanimously) that the Cabinet agreed to:

 

2.1 Authorise the Council entering into the Transfer Agreement with the Council’s housing companies.

 

2.2 Delegate to the Director of Finance in consultation with the Corporate Director, Director of Legal and Democratic Services, and the Cabinet Member for Resources authority to make minor amendments to the Transfer Agreement, if required, and do all acts necessary to effect the transfer of staff and resources and complete the pensions guarantee in accordance with the terms of the Transfer Agreement.

Wards affected: (All Wards);

Lead officer: Martin Shields


08/01/2020 - Proposed Asset Transfer of Land at North Parade Road to the Bath Cricket Club at Less Than Best Consideration ref: 1339    Approved

Transfer of the embankment at North Parade Road to the Bath Cricket Club to allow access for proposed development. This is a disposal at Less than Best Consideration and a Community Asset Transfer.

Decision Maker: Cabinet Member for Resources.

Decision published: 08/01/2020

Effective from: 08/01/2020

Decision:

On 20th February 2020 it was resolved the original decision made on 8th January 2020 stands, and that the Cabinet Member for Resources acknowledged the recommendations made by the Corporate PDS Panel on 10th February 2020 and has actioned the following:

 

  i.  Officers have put in place a new process to ensure that information relating to Council land ownership is clearly communicated to the cabinet member prior to planning applications being determined

 

  ii.  The Cabinet Member for Resources has satisfied himself that the proposed community benefits relating to the decision have been valued appropriately using the National Themes Outcomes and Measures 2019 Real Estate Plug-In Calculator, which is used by a wide range of public and private sector organisations to measure social value

 

  iii.  The Cabinet Member for Resources has satisfied himself that the community benefits provided by Bath Cricket Club will be experienced in communities across North East Somerset, not just in Bath, especially through the community cricket coach programme, disability cricket programme and the bursary fund, which will be available to all children and young people in Bath and North East Somerset to purchase equipment and subsidise participation 

 

  iv.  The Cabinet Member for Resources agrees to publish details of the community benefits at the earliest possible opportunity

 

  v.  In accordance with paragraph 3.17 of the original decision report the Bath Cricket Club will also enter into a contractual agreement with the Council, by way of a Deed, obliging the Club to deliver the community benefits and will provide evidence to the Council annually of the activities being delivered.

 

NOTE:

 

The decision made on 8th January 2020 was Called In, and on 10th February 2020 Corporate PDS Panel held the Call-In meeting.  The Panel upheld the Call-In and made the following recommendations:

 

i)  Ask the Cabinet Member to review the process between Property Services and Planning Services to ensure that information relating to land ownership is clearly stated on future applications

 

ii)  Ask the Cabinet Member to satisfy himself that the proposed community benefits relating to the decision have been valued appropriately

 

iii)  Ask the Cabinet Member to seek that the community benefits will be experienced in communities across Bath and North East Somerset, not just in Bath

 

iv)  Ask the Cabinet Member to publish details of the community benefits at the earliest possible opportunity

 

v)  Ask the Cabinet Member to ensure that the community benefits are incorporated as a schedule to the lease and therefore not lost in due course.

 

 

On 8th January 2020 the Cabinet Member for Resources made the decision where he agreed to

 

Delegate to the Head of Estates the authority for the completion of the transfer (as a Community Asset Transfer) of the asset at less than best consideration.

 

Note that the transfer of the asset will be in compliance with the statutory responsibilities under s123 Local Government Act 1972.

 

Wards affected: Bathwick;

Lead officer: Hayley Ponsford