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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12/01/2021 - The Inn, Freshford Assets of Community Value ref: 1748 Approved
On 24th November 2020, Bath & North East
Somerset Council received a nomination under Section 89 of the
Localism Act 2011 (“the Act”) to list The Ring O Bells,
Compton Martin.
The nomination was submitted by Compton Martin Parish
Council.
Decision Maker: Corporate Director (People)
Decision published: 21/07/2022
Effective from: 12/01/2021
Decision:
The Ring O Bells, Compton Martin was
successfully nominated for listing as an Asset of Community Value.
The Register was updated on the councils website.
Lead officer: David Trethewey
22/01/2021 - Delegation of power to affix the Council seal ref: 1650 Approved
The Council is required to authorise suitably
qualified officers to discharge functions and activities on behalf
of the organisation.
Presently the Council seals deeds physically but will shortly
undertake this task electronically. In preparation for the move the
Council's appointed contractor requires an updated sealing
authorisation sheet detailing named officers who are authorised to
affix the Council seal.
Decision Maker: Monitoring Officer
Decision published: 27/01/2022
Effective from: 22/01/2021
Decision:
To authorise the names officers on the
authorisation form to affix the Council seal.
Lead officer: Michael Hewitt
15/01/2021 - Business Rates Forecast 2021/22 ref: 1510 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 2021/22
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 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 2021.
The estimated business rate income for 2021/22 is £65.667m;
of this the Council retains £22.115m 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 2021/22
£m
Bath & North East Somerset Council Business Rate Income (Total
business rates collected after deductions) 65.667
Central Share to Government 0.000
5% Share to WoE Combined Authority (3.283)
1% Share to Avon Fire Authority (0.657)
Deductions for Tariff (39.612)
Bath & North East Somerset Council estimated retained Business
Rates 22.115
In past years, the Government has announced a series of measures
that continue to affect the business rates income of Local
Authorities in 2021/22. These changes were:
i. Capping the increase in the business rates multiplier at CPI
instead of RPI with effect from 1 April 2018.
ii. Freezing of the business rates multiplier in 2021/22.
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.
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
2021/22 budget.
The Council’s budget for 2021/22 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 2021. This must be done by the 31st January
2021, and this report also asks the Director of Finance to approve
the balance projected related to Business Rates.
As a result of pressures associated with the Coronavirus pandemic,
and the potential for authorities to estimate larger-than-normal
deficit on the 2020-21 Collection Fund, the Government has
introduced legislation to allow authorities to spread certain
elements of the estimated deficit on the 2020-21 Collection Fund
over the three years 2021-22 to 2023-24.
After calculations of current year collection and adjustments to
the business rate base in 2020/21, including making provision for
appeals, it is estimated that the 2020/21 collection fund account
position relating to business rates will be in deficit by
£42.973m (after adjustment of £1.975m for the 3 year
spread allowance). The deficit will be shared between the Council,
WECA and Avon Fire Authority in line the 100% pilot shares. The
Council’s share of the deficit to be recovered in 2021/22 is
£40.394m.
The 2020/21 Council’s share of the estimated deficit includes
£39.147m which relates to the extended retail relief, which
was introduced by government after the 2020/21 budget was set. The
s31 compensation grant in respect of this change is to be received
in 2020/21 and will be transferred to the Business Rates Reserve so
it is available in 2021/22 to offset recovery of this element of
the deficit.
£1.975m of the deficit is budgeted for recovery in 2022/23
and 2023/24 in line with the Local Authorities (Collection Fund:
Surplus and Deficit) (Coronavirus) (England) Regulations 2020 (SI
2020/1202). The Council’s share is £1.857m.
The overall position of the forecast 2021/22 business rate income
and the forecast 2020/21 deficit on the collection fund have been
taken into account in the overall Council’s budget proposal
which will be presented to Council on the 23rd February 2021.
Decision Maker: Director Finance - Section 151 Officer
Decision published: 26/02/2021
Effective from: 15/01/2021
Decision:
That the calculation of the Council’s
business rate forecast for the year 2021/22 as set out in this
report be approved. The total forecast Business Rate income for
2021/22 is £65.667m, of which the Council will retain
£22.115m after allowing for the required tariff payment of
£39.612m and the WoE Combined Authority and Fire Authority
shares as shown in Table 1 of the report.
That the projected deficit on the collection fund as at the end of
2020/21 related to Business Rates is declared at £42.973m
(after adjustment of £1.975m for the 3 year spread
allowance). The Council’s share of the deficit to be
recovered in 2021/22 is £40.394m, which includes an estimated
£39.147m in respect of the enhanced Retail Relief which is
compensated through government s31 revenue grant funding.
That £1.975m of the deficit is budgeted for recovery in
2022/23 and 2023/24 in line with the Local Authorities (Collection
Fund: Surplus and Deficit) (Coronavirus) (England) Regulations 2020
(SI 2020/1202). The Council’s share is £1.857m.
Lead officer: Andy Rothery
22/01/2021 - Appointment of Deputy Monitoring Officer ref: 1490 Approved
The Council is required to appoint a
Monitoring Officer (Section 5 Local Government & Housing Act
1989). The Council appointed the former deputy Monitoring Officer,
Michael Hewitt as Interim Monitoring Officer from the 1 December
2020.
Section 5(7) of the 1989 Act provides that the duties of a
monitoring officer must be performed by him personally or, where he
is unable to act owing to absence or illness, personally by such
member of his staff as he has for the time being nominated as his
deputy for the purposes of this section.
Decision Maker: Director Legal & Democratic
Decision published: 22/01/2021
Effective from: 22/01/2021
Decision:
To appoint Shaine Lewis the Acting Head of
Legal Services as the Interim Deputy Monitoring Officer
Lead officer: Michael Hewitt
19/01/2021 - RULE 15 Next Steps Accommodation Programme ref: 1488 Approved
The Council’s £2.1m bid to the Next Steps Accommodation Programme organised by Ministry of Housing, Communities & Local Government (MHCLG) has been successful, being capital grant of £1.633m and balance of revenue support. This funding will enable the delivery of up to 28 units of accommodation for former rough sleepers.
Decision Maker: Council Leader
Decision published: 19/01/2021
Effective from: 19/01/2021
Decision:
The Cabinet Members agree to:
1. Authorise completion of the Next Steps Accommodation Programme funding agreement with the Ministry of Housing, Communities & Local Government and Homes England;
2. Authorise new approval of the Affordable Housing Capital Programme for £2.4m, being funded by Grant awards for £1m for Governor Place and £633K Platform for Life, balance of funding from capital receipts earmarked for Affordable Housing provision.
3. Authorise the delivery of the supported accommodation as detailed in the business cases, attached in the appendices.
Lead officer: Graham Sabourn
16/01/2021 - Schools Funding Formula ref: 1484 Approved
To decide on the specific changes to the
school funding formula. Following consultation with the schools
forum
Decision Maker: Cabinet Member for Children’s Services
Decision published: 18/01/2021
Effective from: 26/01/2021
Decision:
The Cabinet Member agrees to:
1) Change the specific factor for sparsity in line with the NFF guidance;
2) Inflate all factors at 3% (except Free School Meals at 2%) in line with DFE guidance;
3) Set the Minimum Funding Guarantee (MFG) at 2%; and
4) If necessary, to taper back all formula factors by the same percentage to ensure that schools allocation are contained within the schools block allocation.
Wards affected: (All Wards);
Lead officer: Richard Morgan
06/01/2021 - Covid Winter Grant Scheme ref: 1485 Approved
Allocation of the Covid Winter Grant.
Decision Maker: Cabinet Member for Resources.
Decision published: 18/01/2021
Effective from: 26/01/2021
Decision:
The Cabinet Member agrees to delegate responsibility for decisions on grant allocation to the S151 Officer in consultation with the Cabinet Member for Resources.
Wards affected: (All Wards);
Lead officer: Damien Peak
18/01/2021 - Asset Disposal: 117 Newbridge Hill, Bath ref: 1486 Approved
The report will seek a decision on the disposal of 117 Newbridge Hill, Bath to Aequus.
This decision has been Called In on 18th January 2021 by 9 Councillors for the following reasons:
• the decision to dispose of the asset at nearly half a million pounds below market value, and on a non-competitive basis, is contrary to the interests of Council Taxpayers in B&NES
• the case has not been made to justify the below market value disposal and so the asset should be listed on the open market, where it will fetch greater returns for the Council.
A meeting of the Corporate Policy Development & Scrutiny Panel will be convened to consider this within the 14 day deadline.
Call In outcome
On 8th February 2021 the Corporate Policy Development & Scrutiny Panel met and decided to dismiss the Call In.
Decision Maker: Cabinet Member for Resources.
Decision published: 18/01/2021
Effective from: 26/01/2021
Decision:
The Cabinet Member agrees to:
1. Approve the disposal of 117 Newbridge Hill, Bath to ACL for £308k with the voluntary conditions detailed within this report;
2. Authorise the Director of Economy & Growth to enter a Development Agreement with ACL for the redevelopment of the site into 6 apartments.
Wards affected: Newbridge;
Lead officer: Graham Sabourn
18/01/2021 - Aequus: Scheme Approval (117 Newbridge Hill) ref: 1487 Approved
The report seeks a decision on the business case submitted by Aequus to convert 117 Newbridge Hill, Bath into residential flats. It will also seek a decision on the funding agreement for the scheme.
Decision Maker: Council Leader
Decision published: 18/01/2021
Effective from: 18/01/2021
Decision:
The Leader of the Council, as
Shareholder of ACL, agreed to:
- Approve the redevelopment of 117 Newbridge Hill, Bath into apartments by ACL in line with the Business Case detailed in the report;
- Approve the creation of a charge over the site and associated work in progress in favour of the Council;
- Agree that ACL may enter into an associated commercial loan agreement with the Council, as detailed in the report.
Wards affected: Newbridge;
Lead officer: Graham Sabourn