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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01/02/2022 - Delegation of power to affix the Council seal ref: 1669 Approved
On the 27 January an Officer Delegated
Decision was made to delegate the power to affix the Council seal
to a list of designated officers. An administrative error resulted
in the list being incomplete. The updated list containing the
missing detail has now been uploaded and this decision approves the
amended list
Decision Maker: Director Legal & Democratic
Decision published: 17/02/2022
Effective from: 01/02/2022
Decision:
To authorise the named officers on the updated
authorisation sheet to affix the Council seal.
Lead officer: Michael Hewitt
11/02/2022 - Quarter 3 Strategic Performance Report 2021-22 ref: 1667 Approved
Report on the Quarter 3 Strategic Performance Indicators outturn.
Decision Maker: Cabinet
Made at meeting: 11/02/2022 - Cabinet
Decision published: 11/02/2022
Effective from: 19/02/2022
Decision:
RESOLVED (unanimously):
(1) To note progress on the delivery of key aspects of the Council’s service delivery, details of which are highlighted in section 3.6 and Annex 1 of the report.
(2) To agree to receive update reports on a quarterly basis.
Wards affected: (All Wards);
Lead officer: Steve Harman
11/02/2022 - Budget and Council Tax 2022/23 and Financial Outlook ref: 1663 Approved
This report presents the revenue and capital budgets together with proposals for increases in Council Tax and the Adult Social Care Precept for 2022/23.
Decision Maker: Cabinet
Made at meeting: 11/02/2022 - Cabinet
Decision published: 11/02/2022
Effective from: 11/02/2022
Decision:
RESOLVED (unanimously) to recommend that Council approves:
a) The General Fund net revenue budget for 2022/23 of £126.74m and the individual service cash limits for 2022/23 as outlined in Annex 1 of the report.
b) The amended savings and income plans as set out in revised Annex 2(i) (attached as appendix 1 to the minutes), funding requirements 2(ii) in conjunction with the Equalities Impact Assessment Report in Annex 3 of the report.
c) An increase in Council Tax of 1.99% in 2022/23 (an increase of £30.44 per Band D property or 59p per week).
d) An increase of 1% to Council Tax for the Adult Social Care Precept is approved in recognition of the current demands and financial pressures on this service. This is equivalent to an increase of £15.29 on a Band D property (29p per week).
e) The movement in reserves outlined in section 5.6 and the adequacy of Un-earmarked Reserves at £12.58m within a risk assessed range requirement of £11.9m - £13.2m.
f) The Efficiency Strategy attached at Annex 4 of the report.
g) The Capital Programme for 2022/23 of £96.064m including new and emerging capital bids outlined in Annex 5(i), planned sources of funding in 5.8.2, and notes the programme for 2022/23 to 2026/27 and that any wholly funded projects coming forward during the year will be added to the Capital Programme in line with the Budget Management Scheme.
h) The delegation of implementation, subject to consultation where appropriate, of the capital programmes set out in Annex 5(i) to Annex 5(iv) of the report to the relevant Director in Consultation with the appropriate Portfolio Holder.
i) The Community Infrastructure Levy (CIL) allocations and amendments outlined in Annex 5(v) of the report.
j) The Capital & Investment Strategy attached at Annex 6 of the report.
k) The MRP Policy attached at Annex 7 of the report.
l) The Establishment and funding of a Business Change Hub outlined in paragraph 5.2.6 of the report.
m) The Capital Prudential Indicators outlined in paragraph 5.8.7 of the report.
n) The Annual Pay Policy Statement at Annex 8 of the report.
o) The Community Contribution Fund pilot 12-month extension outlined section 5.5 of the report.
Wards affected: (All Wards);
Lead officer: Andy Rothery
11/02/2022 - Revenue & Capital Budget Monitoring, Cash Limits and Virements – April to December 2021 ref: 1664 Approved
This report presents the financial monitoring
information for the Authority as a whole for the financial year
2021/22, using information available as at the end of December
2021.
Decision Maker: Cabinet
Made at meeting: 11/02/2022 - Cabinet
Decision published: 11/02/2022
Effective from: 19/02/2022
Decision:
RESOLVED (unanimously):
(1) To note the 2021/22 revenue budget position (as at the end of December 2021).
(2) To note the revenue virements listed for information only in Appendix 3(i) of the report.
(3) To note the capital year-end forecast detailed in paragraph 3.25 of the report.
(4) To note the changes in the capital programme including capital schemes that have been agreed for full approval under delegation listed in Appendix 4(i) of the report.
Wards affected: (All Wards);
Lead officer: Paul Webb
11/02/2022 - Treasury Management Strategy Statement 2022/23 ref: 1665 Approved
The Chartered Institute of Public Finance and Accountancy’s Treasury Management in the Public Services: Code of Practice 2017 Edition (the CIPFA Code) requires the Authority to approve a treasury management strategy before the start of each financial year.
This report fulfils the Council’s legal obligation under the
Local Government Act to have regard to the CIPFA Code.
Decision Maker: Cabinet
Made at meeting: 11/02/2022 - Cabinet
Decision published: 11/02/2022
Effective from: 19/02/2022
Decision:
RESOLVED (unanimously):
(1) To recommend the actions proposed within the Treasury Management Strategy Statement (Appendix 1 of the report) to February Council.
(2) To note the Treasury Management Indicators detailed in Appendix 1 of the report and to delegate authority for updating the indicators prior to approval at Full Council on 16 February 2022 to the Chief Finance Officer and Cabinet Member for Economic Development & Resources, in light of any changes to the recommended budget as set out in the Budget Report elsewhere on the agenda for this meeting.
(3) To note that any comments made by the Corporate Audit Committee at its meeting on 3 February 2022 will be reported to Full Council on 16 February 2022.
Lead officer: Jamie Whittard
11/02/2022 - Treasury Management Performance Report to 31 December 2021 ref: 1666 Approved
This report gives details of performance
against the Council’s Treasury Management Strategy Statement
2021/22 for the first nine months of 2021/22.
Decision Maker: Cabinet
Made at meeting: 11/02/2022 - Cabinet
Decision published: 11/02/2022
Effective from: 19/02/2022
Decision:
RESOLVED (Unanimously):
(1) To note the Treasury Management Report to 31December 2021, prepared in accordance with the CIPFA Treasury Code of Practice.
(2) To note the Treasury Management Indicators to 31 December 2021.
Lead officer: Jamie Whittard
08/02/2022 - Retention of the Recycling Centre Booking System (WL) ref: 1662 Approved
As part of the re-opening of the recycling
Centres during COVID-19 restrictions in 2020, a booking system was
introduced at the Midsomer Norton and Bath Recycling Centres.
The booking system received positive feedback from site users.
Surveys indicate overwhelming support for it to remain in place now
that COVID restrictions have been removed as the system eases
congestion, speeds up visits and makes for a more pleasurable
customer experience
Retaining the booking system provides several benefits; residents
have certainty that they will be able to access the site at the
time booked and no wasted trips as the site is too busy; it reduces
vehicle queues and the associated pollution from idling engines,
alongside removing any congestion on the surrounding road
network.
Keynsham Recycling Centre would remain as a site with no booking
system, so that residents can access this at any time during
opening hours.
Decision Maker: Cabinet Member for Neighbourhood Services
Decision published: 09/02/2022
Effective from: 17/02/2022
Decision:
The Cabinet Member agrees that:
- The booking system will be retained for residents using Old Welton and Bath Recycling Centres on an ongoing basis.
- Keynsham Recycling Centre will remain as a site with no booking system.
Wards affected: (All Wards);
Lead officer: Sarah Alder
07/02/2022 - Renewables Programme Manager ref: 1661 Approved
To fund the position of a Renewables Programme
Manager to develop the renewable energy programme and expand
renewable energy generation. The council has declared a climate
emergency and set a target to achieve net zero by 2030. Analysis
has identified increasing renewable energy generation as a key
component of achieving net zero.
Decision Maker: Director of Sustainable Communities
Decision published: 08/02/2022
Effective from: 07/02/2022
Decision:
To fully approve capital amounting to
£200k funded from the provisional capital budget for
Renewable Energy in B&NES.
Lead officer: Maria Newton
08/02/2022 - Foxhill – Mulberry Park: Open space and allotment provision ref: 1660 Approved
Through this project the Council's Parks and
Open Spaces department will deliver much needed capital investment
in the five council-owned/maintained parks and open spaces in the
vicinity of Mulberry Park and new allotment provision within the
vicinity as per the conditions of planning application
(14/04354/EOUT) for Mulberry Ministry Of Defence Foxhill Premises,
Bradford Road, Combe Down, Bath. This scheme will also include the
provision of new allotments at Combe Down as per allocations in the
20/21 CIL IDP list.
Decision Maker: Director of Place Management
Decision published: 08/02/2022
Effective from: 08/02/2022
Decision:
Approve capital expenditure of £558K to
deliver the programme, funded from developer receipts
Lead officer: Paul Pearce
07/02/2022 - Advisory Board for Bath CIL (WL) ref: 1659 Approved
The agreement of new terms of reference for an
Advisory Board that will make recommendations for spending the
receipts from The Community Infrastructure Levy (Neighbourhood
Portion for Bath)
Decision Maker: Council Leader
Decision published: 08/02/2022
Effective from: 16/02/2022
Decision:
To agree:
The change to the process for the agreement of recommendations that are put forward by the Neighbourhood CIL for Bath Community Infrastructure Levy Advisory Board.
The change to the membership of the make-up of the Advisory Panel for Neighbourhood CIL for Bath.
The new Terms of Reference for the Advisory Panel for Neighbourhood CIL for Bath.
Wards affected: (All Wards);
Lead officer: Mark Hayward
04/02/2022 - Renewable Energy Development Funding for Charlton House Care Home ref: 1658 Approved
To increase the installation of solar PV
panels at Charlton House Care Home and make modifications which
include improvements to the hot water system. These works of
£84k will be added to the £442k grant funded project
for the Public Sector Decarbonisation Scheme for Charlton House
Care Home to help make the site more energy efficient through
energy reduction and on site renewable energy generation.
Decision Maker: Director of Sustainable Communities
Decision published: 07/02/2022
Effective from: 04/02/2022
Decision:
To fully approve capital amounting to
£84k funded from the Renewable Energy Development Fund for
Charlton House Care Home.
Lead officer: Maria Newton
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
14/12/2021 - Community Asset Transfer – Sydney Gardens Expression of Interest ref: 1656 Approved
The Holburne Museum was founded in 1892 and is
a registered charity. The Holburne Musuem is one of the
Council’s partners for the Sydney Gardens Heritage Lottery
Project. The museum has been managing the Gardeners Lodge since
2004 on a 24-year lease with the Council. An ambition of the
project is to create a Creativity and Wellbeing Hub utilising both
the Gardeners Lodge and the Community Pavilion.
In line with the Council’s Community Asset Transfer Policy,
The Holburne Museum have submitted an expression of interest. This
has been assessed by officers and meets the objectives of the CAT.
The application for a Community Asset Transfer includes both
buildings referred to above.
The council will seek approval from the Heritage Lottery to ensure
that the transfer meets the criteria of the Lottery’s grant
funding and agreement awarded to the Council in 2019.
Prior to a final decision being made, the Holburne Museum will be
required to submit a Business Plan as part of Stage 3 of the CAT
process.
Decision Maker: Chief Finance Officer (S151)
Decision published: 03/02/2022
Effective from: 14/12/2021
Decision:
Instruct officers to progress to stage 3 of
the Community Asset Transfer which requires the Holburne Museum to
submit a Business Plan and associated documentation, prior to a
final decision being made. Will Godfrey, Chief Executive Officer
has given his approval for the applicant to progress to stage
3.
The decision will be subject to contract and subject to approval by
the Heritage Lottery.
Lead officer: Richard Long
02/02/2022 - Pond Improvements at Royal Victoria Park ref: 1655 Approved
To move provisional capital of £56k to
fully approved for improvements to the ponds at Royal Victoria
Park.
Decision Maker: Director of Place Management
Decision published: 02/02/2022
Effective from: 02/02/2022
Decision:
To fully approve budget of £56k, funded
by CIL and currently held as provisional in our 2021/22 capital
programme.
Lead officer: Paul Pearce
02/02/2022 - Public Toilet Provision ref: 1654 Approved
Public toilet provision within BANES has been
impacted by the pandemic with the closure of public building
facilities, shops, cafes and other non-essential services. It is
proposed that the Ashton Way automatic public conveniences (APC) in
Keynsham are bought back into use.
Decision Maker: Director of Place Management
Decision published: 02/02/2022
Effective from: 02/02/2022
Decision:
To fully approve capital contribution of
£12.5k to bring the APC in Ashton Way into use. This will be
funded by a contribution from the covid recovery grant.
Lead officer: Lisa Gore
02/02/2022 - Waste modernisation & improvement programme ref: 1653 Approved
A competitive procurement has been carried out
followed by detailed scrutiny and evaluation of tender responses
for the construction of the Pixash, Keynsham Recycling Hub. In
order to secure programme certainty and mitigate risk of further
cost inflation, due to the current material and labour market
forces, a Limited Letter of Intent (LLOI) has been agreed with a
preferred contractor. To protect the council's contractual
position, this creates a financial commitment for advance site
works, design development and discharge of planning conditions.
This provides contractual certainty to commence early activity and
place advance orders for steel (rebar and mesh) and secure
supply-chain orders prior to the full scheme start, anticipated in
March 2022, subject to full budget approval at February Council. In
the event of being unable to enter into contract as planned, the
council has agreed a cashflow spend of £1.1m for specific
interim workstreams and termination costs. The LLOI overall is
capped at £3.9m until March 2022, for the contractor as a
FTSE100 company to comply under General Sox compliance and
auditing.
Decision Maker: Chief Operating Officer
Decision published: 02/02/2022
Effective from: 02/02/2022
Decision:
To approve the issue of the Limited Letter of Intent, together with supporting documents, in order to secure progress on the construction programme and mitigate risks of further cost increases. This decision is made in consultation with the Council’s S151 officer.
The Cabinet budget report for 2022/23 can be found using the following link:
https://democracy.bathnes.gov.uk/ieListDocuments.aspx?CId=122&MId=6168&Ver=4
Lead officer: Chris Major
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