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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Decisions approved (subject to call-in)

11/07/2024 - Somer Valley Enterprise Zone - Compulsory Purchase Order ref: 2086    Approved (subject to call-in)

BANES has undertaken a procurement exercise to secure strategic and implementation advice on the statutory mechanisms available to the Council to enable delivery of the commercial outcomes at Somer Valley Enterprise Zone (SVEZ) through the acquisition of land parcels.

An in-principle statutory mechanisms resolution was adopted in February 2024. In accordance with the adopted resolution, approval is sought to bring forward a report to Cabinet to determine the use of compulsory purchase powers to acquire the land and rights in land required for the SVEZ scheme.

The Council is looking to deliver a mixed used regeneration project in the Somer Valley, predominantly on the land forming part of the SVEZ which is held in multiple ownerships. The SVEZ has been allocated for mixed use development in the Council’s local plan since 2007 but has not been bought forward by the private sector. In addition to the development of the SVEZ, there are a number of highways works that will be necessary in order to deliver the project, including a new access from the A362 and network junction interventions.

The Local Planning Authority (LPA) is promoting a Local Development Order (LDO) across the SVEZ, and highway enabling works to assist in bringing the site forward.

In order to secure delivery of the outcomes at SVEZ the Council needs to acquire the majority if not all of the land within the SVEZ as well as several small parcels of land outside of the highway boundary.

It is therefore necessary to consider the statutory mechanisms available to the Council, via a Compulsory Purchase Order, to enable the acquisition of the land parcels should ongoing negotiations not lead to private treaty acquisitions.

Decision Maker: Cabinet

Made at meeting: 11/07/2024 - Cabinet

Decision published: 12/07/2024

Effective from: 20/07/2024

Decision:

(1)  To approve the area to be the subject of a compulsory purchase order (CPO) or supplemental CPO shown edged red on the plan at Appendix 1 (the CPO Map), which identifies the outline area of the land, interests, and new rights to be acquired for the SVEZ Scheme (the CPO Land) by voluntary acquisition or compulsory purchase.

 

(2)  To authorise the making of a CPO or supplemental CPO pursuant to s226(1)(a) and 226(3) of the Town and Country Planning Act 1990 and s13 of the Local Government (Miscellaneous Provisions) Act 1976 for the acquisition of land, interests, and new rights within all or part of the area identified as the CPO Land, for the purposes of facilitating the development of the SVEZ Scheme.

 

(3)  To authorise all necessary steps to be taken to secure the making, confirmation and implementation of a CPO(s) including the publication and service of all notices, requisitions for information, statement of reasons and the preparation and presentation of the Council’s case at any public inquiry required to secure confirmation of the CPO(s) by the Secretary of State.

 

(4)  To note, and give due regard in determining whether or not to authorise the promotion of the CPO(s), the public sector equality duty contained in section 149 of the Equality Act 2010 (PSED) and the requirements of the Human Rights Act 1998, as detailed further in section 11 and Appendix 2 of the report.

 

(5)  Subject to confirmation of the CPO(s), to delegate authority to the Executive Director of Sustainable Communities to acquire all the land and rights over the CPO Land, including service of a general vesting declaration, notice to treat and/or notice of entry, subject to any compensation to be paid being within the SVEZ Scheme budget as set out in section 8 of the report.

 

(6)  To delegate authority to the Executive Director of Sustainable Communities to make any necessary amendments to the CPO(s) including, if required, to reduce the extent of the CPO Land to align with works and land requirements and (once the boundary is finalised) update the CPO Map to reflect on a plot-by-plot basis the extent of acquisition and rights required.

 

(7)  To delegate to the Executive Director of Sustainable Communities for payments of over £500,000), in consultation with the S151 Officer authority to:

 

(i)  Authorise agreements to be entered into with landowners to secure the withdrawal of objections to the COP(s) and to authorise the Executive Director of Sustainable Communities to take all necessary steps to acquire by agreement land and/or rights forming part of the CPO Land, subject to any consideration payable being within the SVEZ Scheme budget as set out in section 8 of the report;

 

(ii)  to negotiate and settle all necessary compensation and professional fees (including interim payments) either as agreed with landowners or as determined by the Lands Chamber of the Upper Tribunal in relation to the acquisition of land and/or rights forming part of the CPO Land in accordance with the Land Compensation Act 1961, the Compulsory Purchase Act 1965 and the Land Compensation Act 1973 provisions in force at the relevant time and the body of case law relevant to the assessment of compensation, where any compensation to be paid is within the SVEZ Scheme budget as set out in section 8 of the report

 

(8)  To authorise the instruction of the SVEZ Scheme Project Team’s legal advisers, Burges Salmon LLP, to prepare and serve such documentation as may be required for the CPO(s).

 

(9)  To note the ongoing progress which has been made towards the acquisition of land required to develop the SVEZ Scheme and the previous decisions outlined in the report.

Wards affected: Paulton;

Lead officer: Richard Holden


11/07/2024 - Revisions to Strategic Performance Indicators ref: 2090    Approved (subject to call-in)

Changes to strategic performance indicators reported quarterly to Cabinet and Corporate PDS Panel.

Decision Maker: Cabinet

Made at meeting: 11/07/2024 - Cabinet

Decision published: 12/07/2024

Effective from: 20/07/2024

Decision:

To agree revisions to the Strategic Performance Indicators as set out in the report.

Wards affected: (All Wards);

Lead officer: Jon Poole


11/07/2024 - Treasury Management Performance Report to 31st March 2024 ref: 2089    Approved (subject to call-in)

This report gives details of performance against the Council’s Treasury Management Strategy Statement 2023/24.

Decision Maker: Cabinet

Made at meeting: 11/07/2024 - Cabinet

Decision published: 12/07/2024

Effective from: 20/07/2024

Decision:

(1)  To note the Treasury Management Report to 31st March 2024, prepared in accordance with the CIPFA Treasury Code of Practice.

 

(2)  To note the Treasury Management Indicators to 31st March 2024.

 

Wards affected: (All Wards);

Lead officer: Jamie Whittard


11/07/2024 - Revenue & Capital Budget Monitoring, Cash Limits and Virements – April to June 2024 ref: 2088    Approved (subject to call-in)

The report presents the financial monitoring information for the Authority as a whole for the financial year 2024/25, using information available as at the end of June 2024.

Decision Maker: Cabinet

Made at meeting: 11/07/2024 - Cabinet

Decision published: 12/07/2024

Effective from: 20/07/2024

Decision:

(1)  To note the 2024/25 revenue budget position (as at the end of June 2024).

 

(2)  To note the revenue virements listed for information in Appendix 3(i) of the report.

 

(3)  To note the capital year-end forecast detailed in paragraph 3.22 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: Gary Adams, Paul Webb


11/07/2024 - Revenue and Capital Outturn 2023-24 ref: 2087    Approved (subject to call-in)

The report presents the revenue and capital outturn for 2023/24. The report also refers to requests to carry forward specific revenue budget items to 2024/25 and to write-off revenue over budgets where recovery in future years would have an adverse impact on continuing service delivery. It also refers to requests to re-phase specific capital budget items to 2024/25 and to remove net capital underspends.

Decision Maker: Cabinet

Made at meeting: 11/07/2024 - Cabinet

Decision published: 12/07/2024

Effective from: 20/07/2024

Decision:

(1)  To note the revenue budget outturn on budget position for 2023/24, after allowing for carry forwards and transfers to reserves.

 

(2)  To approve the revenue carry forward proposals listed in the tables in paragraph 3.7 of the report.

 

(3)  To agree that all other over budgets are written-off as an exception to the Budget Management Rules for 2023/24.

 

(4)  To approve the transfer of £0.13m from corporate earmarked reserves.

 

(5)  To note the revenue virements for 2023/24 reported for information in Appendix 2(i) of the report.

 

(6)  To note the reserve positions and the use of flexible capital receipts shown in paragraph 3.21 of the report.

 

(7)  To note the outturn position of the 2023/24 capital programme in paragraph 3.34, and the funding outlined in paragraph 3.36 of the report.

 

(8)  To approve the capital rephasing and write-off of net underspends as listed in Appendix 3 of the report. This reflects the outturn spend position on projects against final budgets as detailed in Appendix 4(ii) of the report.

 

Wards affected: (All Wards);

Lead officer: Gary Adams, Paul Webb


11/07/2024 - Youth Justice Plan 2024 to 2026 ref: 2085    Approved (subject to call-in)

The Youth Justice Plan is the Youth Justice Strategic Plan for Bath and North East Somerset (B&NES) Youth Justice Service (YJS) for 2024/26.

 

It sets out the key priorities and targets for the service for the next 24 months as required by the Crime & Disorder Act 1998 and overseen by the Youth Justice Board. This Plan adheres to the Youth Justice Board’s ‘document ‘Youth Justice Plans: Guidance for Youth Justice Services’.

 

The Plan has been developed under the guidance of the B&NES YJS Partnership Board in consultation with YJS team members and considering feedback from B&NES YJS service users. The progress in the plan will be monitored by the YJS Partnership Board throughout the year ahead.

 

The Youth Justice Plan:

 

  • summarises the YJS structure, governance and partnership arrangements.
  • outlines the resources available to the YJS.
  • reviews achievements and developments during 2023/24.
  • identifies emerging issues and describes the partnership’s priorities.
  • sets out our priorities and actions for improving youth justice outcomes in the next two years.

 

Decision Maker: Cabinet

Made at meeting: 11/07/2024 - Cabinet

Decision published: 12/07/2024

Effective from: 20/07/2024

Decision:

To recommend that full Council approves the Youth Justice Plan 2024-26.

Wards affected: (All Wards);

Lead officer: Carla Cooper


11/07/2024 - Transport Action Plan Map ref: 2084    Approved (subject to call-in)

Over the next three years, B&NES is investing an unprecedented amount in transport to take us a significant step forward in meeting our strategic aims. The Transport Action Plan outlines the activity that we will take over the next three years to realise the priority to deliver more travel choices for residents, workers and visitors.

Decision Maker: Cabinet

Made at meeting: 11/07/2024 - Cabinet

Decision published: 12/07/2024

Effective from: 20/07/2024

Decision:

To approve the Transport Action Plan interactive digital map for publication in Summer 2024.

Wards affected: (All Wards);