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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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