Decisions

The Council has agreed a consent order in the above case in relation to the above land, which states that the Council will make a new decision on whether to make an order under s102 Town and Country Planning Act 1990 in relation to the fence situated on land at parcel 1212, Leigh Lane, St Catherine, Bath, BA1 8AW.
The Officer scheme of delegation states that:
"The compilation of a Register of Delegated Powers is a statutory requirement.
The Register is maintained by the Monitoring Officer and detailed
amendments are added to it as they are made by the Leader of the Council,
the Council, Committees and Sub-Committees, the Chief Executive and other
Officers. Officers should take care to inform themselves of any subsequent
changes to the Register before relying on this document".
This decision has no equalities implications. A separate equalities assessment will form part of the planning assessment.

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 2019/20 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 Communities and Local Government 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 2017/2018. However new pilots were created for 2018/2019. The pilot for the West of England (WoE) commenced in 2017/2018 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 two to three years, 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 the 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 Ministry of Housing, Communities &
Local Government requires the council to submit details of its forecast through a statutory return called the NNDR1. This return must be submitted by 31st January 2019.

The estimated business rate income for 2019/20 is £65.454m; of this the Council retains £22.547m 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 2019/20
£m
Bath & North East Somerset Council Business Rate Income (Total business rates collected after deductions) 65.454
Central Share to Government 0.000
5% Share to WoE Combined Authority (3.273)
1% Share to Avon Fire Authority (0.655)
Deductions for Tariff (38.980)
Bath & North East Somerset Council estimated retained Business Rates 22.547

At recent spring and autumn Budget Statements, the Government announced the below measures that affect the business rates income of Local Authorities in 2019/20 and 2020/21. These changes are:

• Bills will be cut by one-third for retailers, retailers including shops, cafes and restaurants in England properties with a rateable value below £51,000, benefiting up to 90% of retail properties, for 2 years from April 2019, subject to state aid limits.

• 100 per cent business rates relief for all public lavatories will be introduced from 2020/21.

• The government will continue the £1,500 business rates discount for office space occupied by local newspapers in 2019/20.

Local authorities will be fully compensated for the loss of income as a result of
these business rates measures.



In addition to the above recent measures, in past years the Government announced a series of measures that continue to affect the business rates income of Local Authorities in 2019/20. These changes were:

i. Capping the increase in the business rates multiplier at CPI instead of RPI with effect from 1 April 2018

i. A discretionary relief scheme that will last four years to provide relief to the ratepayers facing significant increase in their bills following revaluation

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

ii. A Supporting small business rates relief scheme to support those rate payers who lost all or some of their small business or rural rate relief due to revaluation


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

iv. 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

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 2019/20 budget.

The Council’s budget for 2019/20 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 2019. This must be done by the 31st January 2019, and this report also asks the Divisional Director – Business Support to approve the balance projected related to Business Rates.

After calculations of current year collection and adjustments to the business rate base in 2018/19, including making provision for appeals, it is estimated that the 2018/19 collection fund account position relating to business rates will be in deficit by £0.292m. The deficit will be shared between the Council, WECA and Avon Fire Authority in line the 100% pilot shares. The Council’s total share of the projected deficit is £0.274m.

The overall position of the forecast 2019/20 business rate income and the forecast 2018/19 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 19th February 2019.

The retention of business rates presents new financial challenges to local authorities due to lack of detailed historic data and various uncertainties related to future outcomes and events which can impact the income stream. There are a number of significant risks associated with the scheme including the potential for the impact of successful appeals being greater than estimated levels. The Council has used historic appeals data from the Valuation Office Agency (VOA) to estimate the impact of appeals as well as external advice from specialist rating experts. The Council will continue to monitor closely actual performance against estimates made in forecasting its business rate income.

That the calculation of the Council’s business rate forecast for the year 2019/20 as set out in this report be approved. The total forecast Business Rate income for 2019/20 is £65.454m, of which the Council will retain £22.547m after allowing for the required tariff payment of £38.980m 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 2018/19 related to Business Rates is declared at £0.292m. The Council’s share of the deficit is £0.274m.

The Community Run Library Programme objectives were set out in the Cabinet paper E3000 dated 23/11/2017. The application meets the relevant criteria of the programme and is beneficial to the local community. Radstock Town Council will operate the Community Library within the existing Branch library in the town. Their vision is to create a ‘Community Hub for Radstock. The library will be the primary use, including access to services, space for voluntary and community groups to hire and office space for the Town Council.

The Town Council will manage the library with support of local volunteers. The building will be open on a Tuesday, Wednesday and Thursday matching the current provision and will be extended to a Saturday opening when a sufficient number of volunteers have been recruited.

Equalities assessments have been carried out on each application and further advice has been given where appropriate. Each applicant will receive Equalities Training as part of the package of training support provided by the Council as well as on-going support through the libraries network.

The proposals will enable the Council to start to realise savings targets set by the Community Libraries Programme through reduced revenue costs. The Council will award £5,000 towards each applicant in accordance with the agreed criteria.

In addition, the Council will use its ‘Enabling Fund’ to support transitional costs for the Branch Library as well as making available unwanted equipment and furniture. This will be dealt with on a case by case basis and as appropriate.

An application to run a Community Run Library has been received including a request for funding from an existing Community Library. The applications have been assessed against a number of criteria which includes: governance, equalities, and community consultation. They have all followed the approved process set out in the Cabinet Decision E3000 and meet the criteria of the programme.

To approve Radstock Town Council’s application and grant of £5,000 towards the set-up of the Community Run Library.

The final terms of the agreement will be finalised in due course.

The Community Run Library Programme objectives were set out in the Cabinet paper E3000 dated 23/11/2017. The proposals will enable the Council to start to realise savings targets set by the Community Libraries Programme through reduced revenue costs. The Council will award £5,000 towards each applicant in accordance with the agreed criteria.

In addition, the Council will use its ‘Enabling Fund’ to support transitional costs for the Branch Library as well as making available unwanted equipment and furniture to all applicants where appropriate. This will be dealt with on a case by case basis and as appropriate.

All applications meet the relevant criteria and are beneficial to the local community.

A summary of each proposal is detailed below:-

Moorland Road Community Library Charity (MRCLC) will take over the running of the library within the existing building from April 2019. The group wish to maintain the current level of service, offering free internet access, participate in national library literacy schemes, running small groups for children and a Book Club for adults as well as events and will make the space available for hire. The group has a board of trustees and over 60 volunteers.

Larkhall Community library (LCL) was one of the first community libraries set up over five years ago. The library is open Monday to Friday from 9am – 3pm. They have a dedicated library room in Oriel Hall. The Hall is run by a voluntary Management Committee, they have two part-time staff, with support from a small group of committed volunteers. Last year they set up a home delivery service for their library members. This is delivered to two local care homes and local residents. The grant will be used to extend their book stock to offer more variety and also include some audio books including make some improvements to their library room providing a new floor.

Equalities assessments have been carried out on each application and further advice has been given where appropriate. Each applicant will receive Equalities Training as part of the package of training support provided by the Council as well as on-going support through the libraries network.

An application to run a Community Run Library has been received including a request for funding from an existing Community Library. They have been assessed against a number of criteria which includes: governance, equalities, and community consultation and have all followed the approved process set out in the Cabinet Decision E3000 and meet the criteria of the programme.

To approve the following application and grant requests of £5,000 towards the set-up of the Community Run Library:

1. Application for the transfer of Moorland Road Branch Library to Moorland Road Community Library Charity and grant.
2. Grant for an existing Community Library in Larkhall.

The final terms of the agreement for each location will be finalised in due course.

Amending current Business Rate Relief policy to allow for changes to Revaluation Relief, Newspaper Relief and new Retail Rate Relief

Sydney Gardens PID:

• The sum was held as a provisional item on the 18/19 capital programme.

• The provisional item was identified following a successful Round 1 HLF Bid for Development Phase Funding.

• Parks submitted a full Round 2 Bid to the HLF last summer for the Delivery Phase (the provisional item on the 18/19 capital programme).

• Planning permission and listed building consent for the scheme was granted in October 2018

• We were successful in our R2 Bid and were awarded our HLF grant on 12th December 2018.

To move the Sydney Gardens funding from a provisional item on the 18/19 capital programme to the full programme.

Sydney Gardens Project restarts in February 2019 and runs until 31st March 2022 and has HLF grant of £2.7m.

Decision confirmed by ODD sign off by:
• Cllr Bob Goodman (Cabinet Member & Chair of SG Steering Group)
• Cllr Gerrish (Finance & Efficiency)
• Martin Shields - Corporate Director
• Donna Parham - S151

PID sign off confirmed by 6 Directors in DDG.

On 13 February 2018 Council resolved to delegate to the Chief Executive in consultation with the Leader of the Council a decision to revise and simplify the means by which the profit share calculation between the Council and TDC operates.

1. To agree that with effect from Year 13 (2017/18 TDC Financial Year) the TDC profit share to be amended to a total of 10.5% of annual turnover.

2. To approve revisions to the Lease and Water Supply Agreement to reflect the revised profit share above.

3. Approve the final calculations for the Year 11 and Year 12 Profit Share sum by applying the 10.5% of turnover approach retrospectively to these years as set out in Appendix 1 of the Decision Report.