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

14/01/2022 - Business Rates Forecast 2022/23 ref: 1657    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 2022/23 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 Levelling Up, Housing and Communities 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 2017/18. The pilot for the West of England (WoE) commenced in 2017/18 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 Department for Levelling Up, Housing and Communities requires the council to submit details of its forecast through a statutory return called the NNDR1. This return must be submitted by 31st January 2022.

The estimated business rate income for 2022/23 is £56.262m; of this the Council retains £13.293m 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 2022/23
£m
Bath & North East Somerset Council Business Rate Income (Total business rates collected after deductions) 56.262
Central Share to Government 0.000
5% Share to WoE Combined Authority (2.813)
1% Share to Avon Fire Authority (0.563)
Deductions for Tariff (39.593)
Bath & North East Somerset Council estimated retained Business Rates 13.293

As in previous years, the Government has announced a series of measures that continue to affect the business rates income of Local Authorities in 2022/23. These changes are:

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 and 2022/23.

iii. Capping the increase in the business rates multiplier at 2% in both 2014/15, 2015/16 and post 2018/19 (rather than it increasing in line with September RPI increases of 3.2% and 2.3%).

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

v. 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.

vi. Discretionary relief of £1,500 in respect of the office space occupied by local newspapers. Extension of the scheme for a further 5 years until 2024-25 was announced in January 2020; and

vii. A 100% relief for public lavatories. This scheme was announced at Budget 2018 and was implemented by the Non-Domestic Rating (Public Lavatories) Act 2021.

viii. The 2022/23 Retail, Hospitality and Leisure Business Rates Relief Scheme will provide eligible, occupied, retail, hospitality and leisure properties with a 50% relief, up to a cash cap limit of £110,000 per business.

ix. Extension of the current transitional relief scheme and the supporting small business scheme for one year to the end of the current revaluation cycle. The scheme will restrict increases in bills to 15% for businesses with small properties (up to and including £20,000 rateable value) and 25% for medium properties (up to and including £100,000 rateable value).


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 2022/23 budget.

The Council’s budget for 2022/23 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 2022. This must be done by the 31st January 2022, 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 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 2021/22, including making provision for appeals, it is estimated that the 2021/22 collection fund account position relating to business rates will be in deficit by £22.194m (after adjustment of £0.988m 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 2022/23 is £20.863m.


The 2021/22 Council’s share of the estimated deficit includes £18.506m 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 2021/22 and will be transferred to the Business Rates s31 Grant Reserve so it is available in 2022/23 to offset recovery of this element of the deficit.

The 2021/22 Council’s share of the estimated deficit also includes £4.036m which relates to the Covid Additional Relief Fund introduced by government on the 25th March. The fund will be available to support those businesses affected by the pandemic but that are ineligible for existing support linked to business rates. The s31 compensation grant in respect of this change is to be received in 2021/22 and this will also be transferred to the Business Rates s31 Grant Reserve so it is available in 2022/23 to offset recovery of this element of the deficit.

After allowing for these two elements of the forecast deficit which are funded by s31 grants, the Council’s share of the remaining balance is a surplus of £1.679m.

£0.988m of the 2020/21 forecast deficit is budgeted for recovery in 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 £0.928m.

The overall position of the forecast 2022/23 business rate income and the forecast 2021/22 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 15th February 2022.

Decision Maker: Director Finance - Section 151 Officer

Decision published: 04/02/2022

Effective from: 14/01/2022

Decision:

That the calculation of the Council’s business rate forecast for the year 2022/23 as set out in this report be approved. The total forecast Business Rate income for 2022/23 is £56.262m, of which the Council will retain £13.293m after allowing for the required tariff payment of £39.593m 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 2021/22 related to Business Rates is declared at £22.194m (after adjustment of £0.988m for the 3 year spread allowance). The Council’s share of the deficit to be recovered in 2022/23 is £20.863m, which includes an estimated £18.506m in respect of the enhanced Retail Relief, and £4.036m in respect of Covid Additional Relief Fund, with both being compensated through government s31 revenue grant funding.

That £0.988m of the deficit is budgeted for recovery in 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 £0.928m.

Lead officer: Andy Rothery


28/01/2022 - Energy Efficiency Retrofitting and Sustainable Construction Supplementary Planning Document (SPD) (WL) ref: 1652    Approved

Following the Council’s Climate Emergency declaration, the existing Sustainable Construction & Retrofitting SPD and Energy Efficiency & Renewable Energy in Historic Buildings SPD have been reviewed and combined in order to better align with, and help deliver, the core aims of this resolution by providing more positive, practical and up-to-date advice to improve the energy efficiency of B&NES’s building stock. The reviewed and combined draft ‘Energy Efficiency Retrofitting & Sustainable Construction SPD’ has been subject to statutory consultation under Regulation 12 (b) of the Town and Country Planning (Local Planning) (England) Regulations 2012. Following consideration of the issues raised in the consultation and some amendments to the SPD it is proposed to approve and adopt the final version.

Decision Maker: Cabinet Member for PIanning and Licensing

Decision published: 02/02/2022

Effective from: 10/02/2022

Decision:

The Cabinet Member agrees:

 

o  Delegated authority for the Head of Planning to make any necessary editorial changes, in consultation with the Cabinet Member for Planning and Licensing, prior to the adoption of the Energy Efficiency Retrofitting & Sustainable Construction SPD; and

 

o  The Energy Efficiency Retrofitting & Sustainable Construction SPD is then adopted.

 

Wards affected: (All Wards);

Lead officer: Richard Daone


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


27/01/2022 - City Region Sustainable Transport Settlement ref: 1651    Approved

Bath and North East Somerset Council decision on the West of England Combined Authority City Region Sustainable Transport Settlement Business Case (2022-27) for submission to the Department for Transport.

Decision Maker: Cabinet

Made at meeting: 27/01/2022 - Cabinet

Decision published: 27/01/2022

Effective from: 04/02/2022

Decision:

RESOLVED (unanimously):

 

(1)  To approve the elements of the West of England City Region Sustainable Transport Settlement that relate to activity in Bath and North East Somerset for inclusion in the submission to the Department for Transport.

 

(2)  To support the recommendations made in the WECA Committee paper.

Lead officer: Sophie Broadfield


19/01/2022 - Adoption West 3 month contract extension ref: 1648    Approved

Adoption West is a Regional Adoption Agency and was formed in March 2019. It is "owned " by the 6 Local Authorities, Bath & NE Somerset, Bristol, South Gloucestershire, Wiltshire, Gloucestershire and North Somerset. Adoption West is seeking a 5 year extension to the contract, which has been supported in principle by the Adoption West Board of Directors. Currently each LA is seeking appropriate LA/Cabinet approvals to support this recommendation .As the current contract expires on February 28th 2022, Adoption West sought support for a 3 month extension of the current contract to enable all areas to seek appropriate Procurement/Cabinet support for the extension and avoid any disruption to Adoption West operational delivery.

B&NES Contract Panel agreed the 3 months contract extension on 19.01.2022. Finance colleagues have confirmed that the annual contract value for 2021/22 for Adoption West is £269,498, a 3 month extension at this rate is therefore £67,375, and so falls below £100,000.Legal have confirmed that a ODD should be submitted. Mary Kearney-Knowles received written approval to authorize the ODD form the COO on 19.01.2022.

Decision Maker: Director of Children and Education

Decision published: 24/01/2022

Effective from: 19/01/2022

Decision:

3 Month Extension agreed

Lead officer: Mary Kearney-Knowles


24/01/2022 - Rule 4 and Rule 16 - COVID-19 Business Support Grants: Additional Restrictions Grant Policy (January 2022) ref: 1649    Approved

During the COVID 19 Pandemic the Government introduced funding for several Business Grants which local authorities were responsible for administering on their behalf.

In December 2021 the Government announced the funding for two further grants. The Omicron Hospitality and Leisure Grant was mandated with strict eligibility criteria, and a top up to the discretionary Additional Restrictions Grant (ARG). Guidance was published for both grants on the 30th December 2021.

Local authorities were asked to further develop local discretionary criteria for the payment of the ARG

This report requests approval of a revised ARG Policy and criteria for local businesses eligibility and grant payment levels

 

Decision Maker: Cabinet Member for Economic Development and Resources

Decision published: 24/01/2022

Effective from: 24/01/2022

Decision:

The Cabinet Member agrees that

 

Approval is given for the Additional Restrictions Grant revised policy as set out in Annex 1

To delegate the application of the grant fund to the Chief Financial Officer, in consultation with the Cabinet Member for Resources, the CX, and the Monitoring Officer to ensure the grant is distributed within the £366k ARG funding allocation, with fair distribution across the eligible business groups

 

This decision is to be made under part 4C Rule 4 and Part 4B Rule 16 of the council’s constitution as an urgent decision. This matter is urgent because the council needs to implement the Additional Restrictions Grant Scheme at pace to allow the grant application process to be opened as soon as possible.  This will allow support to businesses impacted by the rise in case numbers of the Omicron Covid 19 variant to be provided as quickly as possible.

 

Lead officer: Steve Harman


19/01/2022 - Carrswood Gypsy & Traveller Site Pitch Designation Change ref: 1647    Approved

In 2015 the Council, in partnership with Elim Housing, developed and opened the Carrswood View Gypsy & Traveller site. The site provides 13 pitches comprising 7 permanent & 5 transit pitches. Since site opening the permanent pitches have proved very successful with full occupancy and only very limited resident turnover. However, the transit pitches have proved less successful suffering from low demand & operational challenges.
The site was designed so that later, and if required, the split between permanent and transit pitches could be amended. As such three of the transit pitches will now be redesignated and utilised as permanent pitches, thus maximising the available resources for the wider Gypsy & Traveller community. Planning permission for the redesignation of the three pitches and some minor alterations to the site has been consented.

Decision Maker: Director of Regeneration & Housing

Decision published: 19/01/2022

Effective from: 19/01/2022

Decision:

To redesignate, and initiate the allocation, of the three of the transit pitches permanent pitches.

Lead officer: Graham Sabourn