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
.
04/03/2019 - Digital Programme - Funding Draw-Down ref: 1241 Approved
To provide the organisation with the Digital
technology and infrastructure to enable the ongoing transformation
for both our
workforce and citizens.
Decision Maker: Corporate Director (Place)
Decision published: 10/04/2019
Effective from: 04/03/2019
Decision:
Approval to 'draw down' the next stage of
approved provisional funding for the Council's Digital
transformation programme.
Lead officer: David Trethewey
04/03/2019 - Procurement of waste baler and associated sort line improvements ref: 1240 Approved
The capital requires approval to allow the
purchase and installation of a new recycing material baler and
associated sort line at the Ashmead Road Recycling Depot
Decision Maker: Director Environment
Decision published: 08/04/2019
Effective from: 04/03/2019
Decision:
To fully approve capital amounting to
£350k from the 2019/2020 provisional capital programme item
"Waste Baler"
Lead officer: Martin Hellyer
26/02/2019 - School Term and Holiday Dates 2020-21 ref: 1226 Approved
To agree the recommended school holiday dates for the 2020-21 academic year.
Decision Maker: Cabinet Member - Children and Young People
Decision published: 13/03/2019
Effective from: 21/03/2019
Decision:
The Cabinet Member agrees that;-
1) To note that Multi Academy Trusts, Academies, Foundation, Free Schools and Voluntary Aided Schools have the power to determine their own term and holiday dates.
2) In order to maximise consistency of dates for the benefit of children and their parents, to recommend to all schools the Council’s preferred calendar of School Term and Holiday dates for the academic year 2020-21 based on a 195 day calendar, as set out in Appendix A.
Wards affected: (All Wards);
Lead officer: Kevin Amos
05/03/2019 - Hayesfield Girls' School Capital Expansion Project ref: 1219 Approved
The Council retains the legal responsibility
for pupil place planning and has a statutory duty (under section 14
of the Education Act 1996) to provide sufficient school places in
its area. In order to achieve this the Council's priority is to
ensure there is sufficient provision of school places in the right
areas to meet need. These places can be delivered within community,
academy, free school, voluntary controlled and voluntary aided
schools.
Hayesfield Girls' School will carry out a capital project to extend
their dining facilities and refectory area. The project will enable
the School to permanently increase their Planned Admission Number
from September 2019. The increase in pupil numbers at Hayesfield
Girls' School will enable the Council (as part of the phased
approach to increase secondary provision across Bath) to meet the
shortfall of places.
Decision Maker: Corporate Director (People)
Decision published: 05/03/2019
Effective from: 05/03/2019
Decision:
To fully approve capital amounting to
£388,000 from the 2019-20 provisional capital programme item
Schools Community Infrastructure Levy (CIL) for Education in Bath.
Funding to be allocated to Hayesfield Girls' School to carry out a
capital project and permanently increase their Planned Admission
Number (PAN) from 210 to 240 from September 2019.
Lead officer: Mike Bowden
05/03/2019 - Clutton Primary S106 Capital Project ref: 1217 Approved
Under section 14 of the Education Act 1996
Local Authorities have a statutory duty to ensure that there are
sufficient schools for primary and secondary education in their
areas. In order to achieve this the Council's priority is to ensure
there is sufficient provision of school places in the right areas
to meet needs. These places can be delivered within community,
academy, free school and voluntary aided schools.
S106 contributions are received by the Council from Developers for
housing development in an area. The S106 contributions that are the
subject of this Officer Delegated Decision are received by the
Council to expand or enhance primary school provision in any
existing primary school serving the area of the development or
providing new primary school places in the area of the
development.
Allocating S106 contributions amounting to £89,434.86
received by the Council to Clutton Primary School will enable the
school to carry out projects to expand and enhance their
accommodation and increase their capacity from 147 to 175 allowing
a permanent Planned Admission Number (PAN) of 25 across all year
groups.
The project will enable local children to attend their nearest
village school.
Decision Maker: Corporate Director (People)
Decision published: 05/03/2019
Effective from: 05/03/2019
Decision:
To fully approve capital amounting to
£89,434.86 received by the Council in S106 Developer
Contributions to be allocated to Clutton Primary School to enable
the school to carry out capital projects which will enable them to
increase their capacity from 147 to 175 pupils.
Lead officer: Mike Bowden
05/03/2019 - Consultation, Communications and Community Engagement ref: 1220 Approved
An update to the Cabinet on work undertaken with members our Connecting Communities Forums on consultation, communications and engagement. The report sets out learning from recent consultation processes, ideas for building on good practice and suggested new approaches.
Decision Maker: Cabinet
Made at meeting: 05/03/2019 - Cabinet
Decision published: 05/03/2019
Effective from: 13/03/2019
Decision:
RESOLVED (unanimously) that the Cabinet agreed to:
2.1 Note the work of the area’s Local Area Forums in engaging with local residents, parish councils, town councils and the community and voluntary sector.
2.2 Thank the Bath City Forum and the Consultation Working Group, drawn from representatives of the Forums, ALCA and the 3SG, for their work to date on further developing our framework for Consultation, Community Engagement and Communications.
2.3 Requests the CTE PDS Panel to consider in more detail the outcomes of the groups findings, attached in Appendix 1 and detailed in the report under 5.12, and to advise the Council’s Cabinet on how best to develop further this work and incorporate it into the Council’s policy and practices.
Wards affected: (All Wards);
Lead officer: Andy Thomas
05/03/2019 - Bath's Clean Air Plan- Outline Business Case ref: 1218 Approved
This report identifies options for the Clean Air Zone in Bath following on from the public consultation held in 2018 and further technical assessment as a result of this consultation.
Decision Maker: Cabinet
Made at meeting: 05/03/2019 - Cabinet
Decision published: 05/03/2019
Effective from: 13/03/2019
Decision:
RESOLVED that the Cabinet made unanimous decision to:
2.1 Consider and accept the revised OBC as the final plan as set out within the Ministerial Direction and to support this final plan to be submitted for approval.
2.2 Subject to confirmation of funding implement a charging Class C CAZ charging all vehicles except cars, along with targeted traffic management in Queen Square.
2.3 Subject to confirmation of funding implement an enhanced package of supporting measures as set out in paragraph 3.6 of the report, including grants and interest free loans for residents and businesses, in order to achieve sufficient improvements in air quality and public health.
2.4 Have due regard to the Equalities Impact Assessment and the community impacts of the decision being taken in line with the requirements under the Equalities Act 2010.
2.5 Note the recommendations from the CTE panel and the responses provided in the report.
2.6 Note the Consultation Report and Consultation Response Report (as published on http://www.bathnes.gov.uk/bath-breathes-2021) setting out the views of the respondents to the public consultation and analysis of these views.
2.7 Agree the concessions and exemptions as set out within the Proposed System Design Features and Payment Exemptions report (as published on http://www.bathnes.gov.uk/bath-breathes-2021).
2.8 Agree a charge of £9 per 24 hour period for non-compliant taxis (Hackney Carriages and Private Hire Vehicles) and LGVs/vans and £100 per 24 hour period for non-compliant coaches, buses and HGVs.
2.9 Agree a Penalty Charge Notice rate of £120 (plus the CAZ charge), which will be reduced by 50% to £60 (plus the CAZ charge) if paid within 14 days in line with the requirements of the appropriate legislation.
2.10 Note the revision to the zone boundary so that it now includes the Pulteney Estate area, and agree the revisions to the zone boundary so that it also now includes the Bathwick Estate and Sydney Place areas and the Oldfield Road junction with the A367 within the zone boundary.
2.11 Agree the proposed monitoring arrangements for AQ and traffic flows in Bathampton as specified in section 5.9 of the report.
2.12 Agree an amendment to the Council’s Event Policy to restrict any event which will have a detrimental impact on AQ.
2.13 Agree that the decision to submit the Full Business Case (FBC) and make the Charging Order is delegated to the Chief Executive in consultation with the Council’s s151 Officer, Monitoring Officer, Leader and Cabinet member for Development and Neighbourhoods.
Wards affected: (All Wards);
Lead officer: Chris Major
04/03/2019 - Planning Obligations Supplementary Planning Document (SPD) amendment and related Community Infrastructure Levy Regulation 123 List amendment relating to new development green space requirements ref: 1215 Approved
To make a minor amendment to the SPD to better facilitate the delivery of public open space.
Decision Maker: Cabinet Member - Development and Neighbourhoods
Decision published: 04/03/2019
Effective from: 12/03/2019
Decision:
The Cabinet Member agrees the Planning Obligations SPD draft amendments for consultation with stakeholders for a six week period from 14 March 2019 to 25th April 2019 relating to S106 green space obligations, and updated costs for tree replacement.
The Cabinet Member agrees the Regulation123 draft amendments for consultation with stakeholders from 14 March 2019 to 25th April 2019 relating to off-site green space requirements.
Wards affected: (All Wards);
Lead officer: Simon De Beer
04/03/2019 - Capital approval for Waste & ES Depots relocation project - development and planning stages ref: 1216 Approved
The report will recommend draw-down from the existing provisional allocation in the capital programme for the Waste and Environmental Services depots project, in order to progress through the feasibility, appraisal and detailed design stages to planning applications and consents, in 2019/20 and 2020/21.
Decision Maker: Cabinet Member - Finance and Efficiency
Decision published: 04/03/2019
Effective from: 12/03/2019
Decision:
The Cabinet Members agree to fully approve £1.9m from the provisional capital budget to progress development and feasibility work through to planning applications for the relocation of the waste, recycling and transfer station operations from the Midland Road site, and allowing vacant possession to follow.
And the authority is delegated to the Director of Environment in consultation with the Leader, Chief Executive, the Council’s S.151 Officer and Monitoring Officer to take all necessary acts to finalise and complete the Council’s Accelerated Construction grant funding offer with Homes England.
Wards affected: (All Wards);
Lead officer: Carol Maclellan
27/02/2019 - Issue of Temporary Licences for taxi and Private Hire Drivers ref: 1213 Approved
This was the introduction of a new process of
annual 3 yearly dbs checks.
A significant number of taxi drivers (88) had applied late for
their dbs checks and so were still in the system.
These taxi drivers provided dbs certificates in accordance with the
previous policy.
This decision has been taken exceptionally as this is a new
process, will only apply to 2019 renewals and no further extensions
will be granted.
The Cabinet Member was consulted on the decision and the Chair of
Licensing Committee was advised.
Decision Maker: Corporate Director (Place)
Decision published: 27/02/2019
Effective from: 27/02/2019
Decision:
Following correspondence from a large number
of drivers, a decision has been made by the Corporate Director that
a maximum one-off extension until 30 April 2019 should be provided
to those drivers who are currently awaiting confirmation of DBS
checks. This will apply to those drivers who have an existing DBS
certificate in place (whilst recognising that this will not have
been issued in the last 30 days) and have a current DBS application
in the system awaiting authorisation.
This decision has been taken as this is a new process and will only
apply to 2019 renewals. It will not be agreed for any future
renewal periods, as drivers should have applied for their DBS
checks in good time or have enrolled for the online DBS checking
facility.
Those who have outstanding DBS checks should make an appointment
through Council Connect on 01225 394041 to obtain a new licence
with an expiry date of 30 April 2019. If a fee of £80 has
already been paid then no further fee will be required at this
time.
When a DBS certificate is received, a further renewal appointment
by contacting the Licensing Office directly should be made. At this
point, a new licence will be issued, subject to a satisfactory DBS
check, until 28 February 2022. A fee of £80 will be required
at this point.
If a satisfactory DBS check is not available within the period up
until 30 April 2019, then a renewal application will be accepted
but will not be determined until a satisfactory DBS is
received.
Lead officer: Martin Shields
27/02/2019 - Mendip Hills Area of Outstanding Natural Beauty (AONB) Management Plan 2019 - 2024 and Cotswolds AONB Management Plan 2018-2023 ref: 1214 Approved
To consider the request of the Mendip Hills AONB Partnership to adopt the Mendip Hills AONB Management Plan and consider the request of the Cotswold Conservation Board to endorse their AONB Management Plan.
Decision Maker: Cabinet Member - Development and Neighbourhoods
Decision published: 27/02/2019
Effective from: 07/03/2019
Decision:
The Cabinet Member agrees that B&NES:
i) Adopt the Mendip Hills AONB Management Plan 2019 – 2024 as the basis for safeguarding and managing the unique beauty and distinctive character of the AONB.
ii) Do not endorse the Cotswold AONB Management Plan 2018-2023 at this time given that the Management Plan’s stated ambition to promote the case to be designated as England’s next National Park has not been properly assessed and is not adequately justified.
Wards affected: Bathavon North; Bathavon South; Bathwick; Combe Down; Lambridge; Lansdown; Newbridge; Odd Down; Weston; Widcombe;
Lead officer: Simon De Beer
26/02/2019 - Decision to move provisional capital budget to full approval to enable delivery of a market loan ref: 1212 Approved
The strategic site is Bath City’s
largest allocated housing site and is a central plank of the
Authority’s 5 year Housing Supply. The future phases have
substantial forecast housing outputs and Homes England grant
funding support, but before housing delivery can commence,
significant site enabling works must be carried out which currently
render the scheme commercially unviable. Homes England grant
funding has been provisionally approved to unlock the scheme and
close the viability gap.
The scheme is unable to progress without prior resolution of the
funding gap; however owing to the nature of the enabling works, key
critical order dates need to be met to maintain the overarching
scheme programme. Delays to Homes England’s programme has
resulted in delays in grant award and entering the contract, which
in turn has pushed funding commitment dates beyond those needed to
meet the critical path; a short-term loan is therefore required to
enable works to progress.
A decision has been taken for the Council to intervene by
delivering a market loan facility to cash flow finance the scheme
and enable critical dates to be met until grant funding is
contracted upon. An urgent decision was made in November 2018 to
guarantee a loan from capital contingency should the funding
application from the Local Enterprise Partnership (LEP) be
unsuccessful.
Since then approval has been granted by the West of England LEP
that headroom within an extant Council Revolving Infrastructure
Fund (RIF) business case can be utilised to deliver the required
loan up to £1.4M. In line with State aid compliance
requirements this loan is to be contracted with an interest rate of
4.75%. The LEP have accepted security for the loan by way of a
Parent Company Guarantee for the first tranche of £0.35M, and
a charge on the developer’s land asset for the remaining
£1.05M. This security mechanism structure has been devised to
meet the timeframe constraints needed to maintain the critical
order path, and be achievable in respect of the developer’s
Board approval process. Temporary loan arrangement agreed for a
maximum term of 4 years.
Decision Maker: Director Finance - Section 151 Officer
Decision published: 26/02/2019
Effective from: 26/02/2019
Decision:
The decision will move a provisional capital
budget to full approval (within the capital programme envelope of
£1.4M) enabling delivery of a market loan. Decision taken to
transact a £1,400,000 market loan in two tranches to a
property developer in order to maintain the housing delivery
programme at a key strategic housing site in Bath through an
officer delegated decision to move a Provisional Capital allocation
from BWR Phase 2 to a Full Allocation. An earlier decision in
November 2018 guaranteed the first tranche of the loan pending a
decision by the LEP.
Lead officer: Jack Fennell
20/02/2019 - Peasedown St John Primary Basic Need Expansion ref: 1211 Approved
The Council retains the legal responsibility
for pupil place planning and has a statutory duty (under section 14
of the Education Act 1996) to provide sufficient school places in
its area. In order to achieve this the Council's priority is to
ensure there is sufficient provision of school places in the right
areas to meet need. These places can be delivered within community,
academy, free school, voluntary controlled and voluntary aided
schools.
Basic Need (BN) grant is allocated to the Council from the
Department for Education (DfE) on an annual basis. The funding is
allocated to support the provision of sufficient school places and
the statutory duty of the Council.
The strategic requirement is to expand Peasedown St John Primary
(PSJ) to take a further 105 pupils. The number on roll will
increase from 525 to 630. The school expansion is required due to
population growth and housing development in the area. PSJ is an
academy and part of the Dragonfly Trust.
The capital project to expand the school will provide the school
with the accommodation it needs to operate as a 630 place primary
serving the local community.
Failure to provide sufficient places in the right areas will result
in the Council failing in its statutory duty; parents and children
being required to travel out of their locality to attend another
school; increased transport (revenue) costs and schools being
unable to take local children.
Decision Maker: Corporate Director (People)
Decision published: 22/02/2019
Effective from: 20/02/2019
Decision:
To fully approve capital amounting to
£2,831,000 from the provisional capital programme item in the
2018-19 Council Budget Report (Annex 5(i)). Unallocated Schools
Basic Need Grant and £200,000 Community Infrastructure Levy
(CIL) provisionally approved to support the expansion of Peasedown
St John Primary School.
Lead officer: Mike Bowden
20/02/2019 - Ralph Allen School - Capital Expansion Project ref: 1210 Approved
The Council retains the legal responsibility
for pupil place planning and has a statutory duty (under section 14
of the Education Act 1996) to provide sufficient school places in
its area. In order to achieve this the Council's priority is to
ensure there is sufficient provision of school places in the right
areas to meet need. These places can be delivered within community,
academy, free school, voluntary controlled and voluntary aided
schools.
Basic Need (BN) grant is allocated to the Council from the
Department for Education (DfE) on an annual basis. The funding is
allocated to support the provision of sufficient school places and
the statutory duty of the Council.
Ralph Allen School will build a new eight classroom teaching block
to enable them to increase their Planned Admission Number from 180
to 210 from September 2019. In addition the School will admit an
extra 30 pupils making their PAN 240 over a three year period
between the academic years 2021-22, 2022-23 and 2023-24. This
increase in pupil numbers will enable the Council (as part of the
phased approach to increase secondary provision across Bath) to
meet the shortfall of places for the projected high numbers in
these years.
Failure to provide sufficient places in the right areas will result
in the Council failing in its statutory duty; parents and children
being required to travel out of their locality to attend another
school; increased transport (revenue) costs and schools being
unable to take local children.
Decision Maker: Corporate Director (People)
Decision published: 22/02/2019
Effective from: 20/02/2019
Decision:
To fully approve capital amounting to
£2,250,000 from the provisional capital programme to be
allocated to Ralph Allen School to carry out a school expansion
project and increase their Planned Admission Number (PAN) from 180
to 210 from September 2019. In addition the School will admit to a
PAN of 240 in a three year period from 2021 to 2023.
Lead officer: Mike Bowden