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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01/04/2020 - Award of Street Lighting Contract ref: 1433 Approved
Bath & North East Somerset Council
undertook a procurement exercise under the Open Procedure European
Tender process with the intention of awarding business to a Service
Provider for a Highways and Public Realm Lighting Maintenance and
Improvement Contract.
Decision Maker: Director Environment
Decision published: 25/08/2020
Effective from: 01/04/2020
Decision:
Awarding of the Highway and Public Realm
Lighting Maintenance and Improvement Contract 2020 to
VolkerHighways Limited, Hertford Road, Hoddesdon, Herts, EN11
9BX
Commencement Date: 1st April 2020 with an initial duration of 5
years with up to 4 years extension.
Annual Value is £1.25million.
Lead officer: Craig Jackson
23/03/2020 - Declaration of a Major Incident in accordance with the 2004 Civil Contingencies Act and B&NES Constitution Part 4G Rule 5 ref: 1385 Approved
Constitution Part 4G rule 5 sets out the rule
on Emergency arrangements during the Major Incident, which
are:
“The Chief Executive is authorised to undertake any action
s/he considers appropriate to address situations where it is
neither practicable not possible to effect the Council’s
normal procedures or arrangements for either executive or
non-executive business.
The action taken will be recorded and reported to the first
available meeting of the Council or relevant other
body.”
By doing this, the Council is able to formally request assistance
from other public sector agencies and can register its intention to
seek financial assistance as the impact of the incident becomes
clear.
Decision Maker: Chief Executive
Decision published: 06/04/2020
Effective from: 23/03/2020
Decision:
The Chief Executive has formally declared a
Major Incident in accordance with the 2004 Civil Contingencies Act
in order to enable him to respond rapidly to any emergency
arrangements arising as a result of the Covid-19 crisis. The Chief
Executive took this step after consultation with the Council
Leader.
Lead officer: Will Godfrey
06/04/2020 - Authorisation of Officers - Compliance with the Health Protection ( Coronavirus Restriction) (England) Regulations 2020 ref: 1384 Approved
On 26th March The Secretary of State of the Department of Health and Social Care made the following designations in exercise of the powers conferred by regulation 4(1) and (2) of the Health Protection ( Coronavirus Restriction) (England) Regulations 2020 whereby officers appointed by a local authority can be authorised to enforce the Coronavirus Restriction Regulations. The Secretary of State has confirmed that local authorities will be designated and will be expected to deliver their responsibilities through environmental health and trading standards services.
Whilst the Council’s Environmental Health Officers are currently authorised under the Public Health (Control of Disease) Act 1884(1), our Trading Standards Officers are not.
The Health Protection ( Coronavirus Restriction) (England) Regulations 2020 can be viewed on this link http://www.legislation.gov.uk/uksi/2020/350/contents/made
Decision Maker: Director Development and Public Protection
Decision published: 06/04/2020
Effective from: 06/04/2020
Decision:
It has been decided to enable the Council to respond to Covid-19 pandemic to give delegated authority to enable:
a) Trading Standards Officers to act under the Public Health (Control of Disease) Act 1884, Health Protection ( Coronavirus Restriction) (England) Regulations 2020
b) Environmental Health Officers and Trading Standards Officers to enforce the Health Protection ( Coronavirus Restriction) (England) Regulations 2020 .
The Chief Executive has given his approval for the decision to go ahead.
Lead officer: Lisa Bartlett
03/04/2020 - Temporary suspension of Enforcement Action re. Covid-19 made by the Chief Executive under the Council's Constitution Part 4 (G) Rule 5 ref: 1383 Approved
Undertaking building works or
changing the use of land or buildings without planning permission
is not a criminal offence unless it relates to a listed building,
adverts or protected tree. Formal planning enforcement action is a
discretionary power of the Council which must be used expediently
and in the public interest.
In responding to the Covid-19 Outbreak, the Council and other
public bodies might need to undertake operations which require the
temporary changes of use of land and/or buildings. In many cases,
this development would require planning permission which would
normally be sought. However, in light of
the need to respond quickly and flexibly to needs arising from the
dealing with the outbreak, the Council will operate with discretion
before seeking to undertake any enforcement action. It will not
seek to take formal enforcement action in respect of activities
directly related to dealing with the Covid-19 outbreak and will
last for 3 months, after which it will be reviewed and either
extended or ended. Where it is clear that an enforcement complaint
relates to works or uses of building or land that are identified as
being in response to the COVID-19, the Council will not investigate
the matter further.
The provisions of the European Convention on Human Rights such as
Article 1 of the First Protocol, Article 8 and Article 14 are
relevant when considering enforcement action. There is a clear
public interest in enforcing planning law and planning regulation
in a proportionate way. The Council have had regard to the
potential impact on the health, housing needs and welfare of
residents affected by this decision and determined that such
factors are in the Public Interest and outweigh the interests of
those affected by a temporary breach of planning control.
Decision Maker: Chief Executive
Decision published: 03/04/2020
Effective from: 03/04/2020
Decision:
The Council will temporarily suspend
enforcement action against temporary changes of use of land or
buildings, or other development where this is undertaken by or at
the request of the Council or other public bodies in order to
respond directly to the Covid -19 outbreak.
Lead officer: Will Godfrey