BATH AND NORTH EAST SOMERSET DISTRICT COUNCIL

PLANNING, TRANSPORTATION AND ENVIRONMENT COMMITTEE

Thursday 16th July 1998

PRESENT -: Councillors: S M Bateman, W A Cox, E J Derrick, I C Dewey, E J W Flower,

E J Forrester, J A Lingard, P J Metcalfe, B S Organ, W D Reakes, C M L Roberts, and

R A Symonds.

Also in attendance: Economic Development Members: C G Darracott, I C Dewey, Mrs V Kilroy and Mrs J Stiddard.

Local Ward Member: Councillor D J Hawkins.

25 ELECTION OF CHAIR(PERSON) (LABOUR GROUP TO CHAIR)

RESOLVED that Councillor Reakes be elected Chair(person) for the duration of the meeting.

26 EMERGENCY EVACUATION PROCEDURE

The Chair(person) drew attention to the emergency evacuation procedure as set out on the Agenda

27 ELECTION OF VICE-CHAIR(PERSON) (IF DESIRED)

RESOLVED that Councillor Bateman be elected Vice Chair(person) for the duration of the meeting.

28 DECLARATIONS OF INTEREST

Councillors J Derrick and E J Forrester declared a Pecuniary Interest in item 14 on the agenda, Mod Foxhill re-use of strategy and vacated the meeting for that item.

29 TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR(PERSON)

The Chair agreed that the Committee should receive an urgent item of business relating to Highway Licence Charges. The reason for urgency was that it was necessary for the Council to determine to avoid resource implications.

RESOLVED that the item of urgent business to be taken after item 28 on the agenda.

30 ITEMS FROM THE PUBLIC - TO RECEIVE DEPUTATIONS, STATEMENTS, PETITIONS OR QUESTIONS

Mr David Redgewell – Statement on Transportation Issues

RESOLVED that the statement be received and that Officers investigate the issues and report back to the Transportation Sub-Committee.

Mr Andrew Nicolson – Statement on item 24 on the agenda B&NES Cycling

RESOLVED that the statement be noted.

31 ITEMS FROM COUNCILLORS AND CO-OPTED AND ADDED MEMBERS

Councillor A Harding – Petition on Entry Hill Park

RESOLVED that the petitioner’s requests and concerns be investigated and the petition dealt with in line with the policy adopted in relation to receipt of petitions, ie: that the Head of Engineering Services deal direct with the investigation and inform the petitioners accordingly.

Councillor I Dewey – Question concerning Bath Civic Amenity Facilities

RESOLVED that the question be received and the reply given noted.

32 MINUTES: 9 - THURSDAY 30 APRIL 1998

RESOLVED that the minutes of the meeting held on Thursday 21st May 1998 be confirmed as a correct record and signed by the Chair(person) subject to minute No 13 to record that:

(1) Councillor E J Forrestor requested a report to be prepared by DDES on CCTV issues on London Road; and

(2) that the Local Ward Councillor present was Councillor V Kilroy.

33 JOINT REPLACEMENT STRUCTURE PLAN (REPORT 10).

The Committee received a report of the Senior Planning Officer that brought Members attention to the Joint Replacement Plan, Deposit Plan, which had been published and was placed on deposit on June 1998 for a six week period ending 30 July 1998.

The deposit period provides an opportunity for this authority to comment on the plan.

The Members of the Economic Development Committee were present for this item in order to take part in the debate.

The Committee agreed that land for housing allocation in Keynsham would be so sited that it in no way threatened the Green Belt between Bristol and Saltford and that it should not be developed for anything other than for housing. Land for employment purposes already existed within the parish boundary with the necessary infra-structure support.

RESOLVED that Members of the Economic Development Committee note the recommendations.

RESOLVED that Planning, Transportation & Environment Committee;

(1) Endorse the formal objections to the policies and representations on the text set out in appendices 1 and 2 and refer to the Joint Committee for Strategic Planning and Transportation.

34 BUDGET MONITORING REPORT 1998/99 (REPORT 11).

The Committee received a report that identified the Development and Environmental Services Budgets for 1998/99 and the expenditure and income against this budget to the 31 May 1998.

RESOLVED that the Committee;

(1) Approve the saving of £50,000 for 1998/99 to meet requirements of “Black Box” as detailed in paragraph 4.3 of the report; and

(2) Note the net expenditure and variances to 31.5.98 as shown in paragraph 5.1 of the report.

35 DDES OVERVIEW OF SERVICE PLANS (REPORT 12).

The Committee received monitoring reports from the following areas in Development and Environmental Services: Development and Building Control, Strategic Policy and Engineering Services.

RESOLVED that the Committee note the DDES overview of Service Plans.

36 BUILDING CONTROL: LANTAC PARTNER AUTHORITY SCHEME – AMENDMENTS TO THE LANTAC INDEMNITY RESOLUTION (REPORT 13).

The Committee received a report of the Building Control and Emergency Manager that informed the Committee of the current position with regard to the adoption and continued implementation of the LANTAC National Type Approval Scheme including the Partner Authority Scheme.

The Officer concerned circulated and updated version of the report at the meeting that explained LANTAC in greater detail.

During the debate the Committee agreed that the report contained too much irrelevant information resulting in the issues becoming unclear.

RESOLVED that the Committee approve the revised LANTAC indemnity resolution.

37 MOD FOXHILL RE-USE OF STRATEGY (REPORT 14).

The Committee received a report that briefed Members on the fourth and final stage of the process involved in preparing a Re-use Strategy for MOD Foxhill.

Councillors: E Derrick and E J Forrester declared a Pecuniary Interest in this item and vacated the meeting during its consideration.

RESOLVED that the Committee;

(1) Note the contents of the report on the fourth stage of the work in preparing the Re-use Strategy for MOD Foxhill and agree to accept the technical, economic and financial background reports as supplementary information in developing this strategy;

(2) Note the response to the public consultation exercise on and the representations and comments to the draft Development Guide;

(3) Note the findings of the Community Facilities study and on the possible costs of providing such a facility;

(4) Adopts the Development Guide as the Council’s policy framework for the future development of the site;

(5) Requests that the Officers in compliance with the conditions attached to the offer of KONVER funding, submit all relevant information to the Government Office for the South West with a request for final grant payment;

(6) Note that the Officers are working with representatives of Bath City Football Club on its proposals for the Club’s future business development and request that a further report be remitted to this Committee on the outcome of these discussions; and

(7) Ask the Officers to write formally to WS Atkins, Consultants, expressing the Committee’s appreciation for the assistance and co-operation in carrying out the project.

38 BATH & NORTH EAST SOMERSET CORPORATE COMPLAINTS PROCEDURE ANNUAL REPORT 1997/98 (REPORT 15).

The Committee received a report of the Head of Planning and Development Services that provided monitoring information relating to official complaints received within DDES in the second year of the Authority, in accordance with the Council’s Corporate Complaints Procedure.

RESOLVED that the Committee note the information provided in the report.

39 CROSS-STREET BANNERS GUIDELINES (REPORT 16).

The Committee received a report that sought to (I) advise Members of the results of the public consultation exercise requested by Planning, Transport and Environment Committee on 2 October 1997 and (ii) present revised guidelines which have been amended to take into account the representations received.

RESOLVED that the Committee approves the guidelines set out in the report and adopts then as Supplementary Planning Guidance.

40 HOUSING LAND IN BATH AND NORTH EAST SOMERSET (REPORT 17).

The Council at its meeting on 30 June 1998 referred to this Committee for consideration and action a Motion on Housing Land in Bath & North East Somerset together with a proposal from the Liberal Democrat Group on the same subject which it had also considered.

The following motion was moved by Councillor Lingard and seconded by Councillor Bateman. Following debate the Committee:

RESOLVED that;

(1) Mindful of the need to meet housing requirements through maximising the potential of recycled sites and redundant buildings, Committee Resolved to request Officers to consider the following within the first draft of the structure plan;

(2) A list of recycled land and redundant buildings for possible housing use in the B&NES area;

(3) An audit of outstanding planning permissions not taken up where change of use to housing might be possible; and

(4) Options for the development of Supplementary Planning Guidance as part of the local Plan process in order that housing needs can be met on land currently allocated for non-housing needs.

During the debate a motion was moved by Councillor Metcalfe and seconded by Councillor Symonds which was not approved.

41 THE CITY OF BATH REPLACMENT LOCAL PLAN (REPORT 18).

This report set out the outcome of the recent High Court Challenge made to the City of Bath Replacement Local Plan (the Bath Local Plan) made under Section 287 of the Town and Country Planning Act 1990.

RESOLVED that the Committee note the report.

42 BATH URBAN ARCHAEOLOGICAL ASSESSMENT (REPORT 19).

The Committee received a report that dealt with phase two of the archaeological assessment, of a three phase project.

RESOLVED that the Committee endorse the start of the project this financial year, to be reimbursed 100% next financial year 1999/2000.

43 SUBMISSION TO THE HERITAGE LOTTERY FUND OF TOWNSCAPTE HERITAGE INITIATIVE APPLICATION FOR RADSTOCK (REPORT 20).

The Committee received a report that proposes the submission of an outline Townscape Heritage Initiative application to the Heritage Lottery Fund for grand-aid of £316,000 over five years for conservation and enhancement in Radstock, in association with the SRB partnership.

The Built Heritage Manager informed the Committee that paragraph 3.1 should be amended to read £633,000.

RESOLVED that;

(1) The Committee endorse the submission of stage 1 application to the Heritage Lottery Fund for Townscape Initiative Funding for Radstock; and

(2) The Council authorises officers to work up a detailed scheme if the Council is successful in the first round.

44 CCTV PRIORITIES IN BATH & NORTH EAST SOMERSET (REPORT 21).

This report set out the proposals for investigating and prioritising enhancements to the existing CCTV network in Bath and North East Somerset in order that these can be considered for inclusion in the Councils 1999/2000 budget.

Councillor E J Forrestor expressed disappointment that the report did not address his request at the previous meeting of Planning, Transportation & Environment Committee, (21 May 1998), that a report be prepared by Officers outlining the issues concerning the extension of CCTV in London Road, Bath.

RESOLVED that;

(1) Approve the appointment fo the Property Services Section to carry out feasibility studies on london Road, London Street/Walcot Street, Kingsmeand Square and Keynsham at a maximum cost of £1750 as set out in paragraph 5.4 (a) of the report;

(2) Agree to appoint a temporary CCTV Project Co-ordinator at a maximum cost of £8254 to carry out a Bath and North East Somerset wide investigation, research and consultation exercise and prepare a report on CCTV system development priorities as set out in paragraph 5.4 (b); and

(3) Agree to waive Standing Order C1 (3) in relation to the appointment of Ogier Electronics to carry out the installation of the microwave link between the Norton-Radstock CCTV system and Bath Control Room for the reasons set out in paragraphs 5.6 and 5.7 of the report.

45 OBJECTIONS TO INTRODUCTION OF PARKING CHARGES IN ROYAL VICTORIA PARK (REPORT 22).

This report allowed consideration of objections received to the advertised draft Parking Order relating to the proposed implementation of car parking charges in Royal Victoria Park and Royal Avenue.

Councillor D Hawkins addressed the Committee on this item and stated that he had received 200 letters of objections from local residents.

RESOLVED that;

(1) A decision on this matter be deferred in order that Officers can obtain a full analysis of objections; and

(2) A report be brought back to the 1 October 1998 meeting of this Committee in order to explore the analysis of objections.

46 OFF STREET RESIDENTS CAR PARKS – PARKING ORDER (REPORT 23).

This report requested the Committee to give better and more effective enforcement powers to Parking Services regarding unauthorised users of the Residents only car parks in Bath by the implementation of Parking Order (s).

RESOLVED that;

(1) The Head of Commercial Services be granted delegated authority to take all necessary action to introduce Parking Order (s) for the residents only car parks listed in paragraph 4.1 including all consultations and statutory procedures and, if no duly made objections are received and sustained, the authorisation of the sealing of the Order;

(2) The Committee note that if duly made objections are received and sustained further to the statutory procedures, these will be reported back to this Committee or the Transportation Sub-Committee for determination;

(3) The level of Excess Charge be as described inparagraph 5.1 of the report; and

(4) The Committee approve the Statement of Reasons as contained in paragraph 6.1 of the report.

47 B&NES CYCLING STRATEGY (REPORT 24).

The Committee received a report that provided a framework for achieving the Bath & North East Somerset cycling policies and aspirations through a planned programme of work to be based on the Action Plan contained in the strategy document.

RESOLVED that;

(1) The Committee approve the Bath & North East Somerset Cycling Strategy;

(2) The Committee approve that request be sent to the Department of the Environment, Transport and the regions, for all designated cycle routes to be included as additional mileage for inclusion in the Standared Spending assessment;

(3) A further report be brought to Committee detailing a programme for implementation of the B&NES Cycling Strategy including the identification of any extra staffing resources needed;

(4) The Committee approve B&NES join with the other ex-Avon authorities in becoming partners in Project Bike at a cost of £2,500 to be found from the existing cycle budgets for 1989/1999;

(5) The cycling/pedestrian officer, in consultation with Education officers, revises target 2 – More Children Cycling – to bring it in line with target 1;

(6) The cycling/pedestrian officer disucss with interest groups at his regular liaison meetings, the possiblility of user group/community involvement incleaning and maintenance of off road cycle/pedestrian routes in Bath & North East Somerset; and

(7) Officers raise, at joint meetings with other Unitary Authorities, the future possibility of a joint TPP bid for a major cycling/pedestrian scheme for the CUBA area.

48 PARKING STRATEGY (REPORT 25).

The Committee received a report that summarised the present position with regard to the development of the Bath Parking Strategy.

RESOLVED that the Committee;

(1) Note the contents of the report;

(2) Agree retrospectively to approve the additional expenditure of £2,125 as the Council’s contribution to the Avon Street Car Park Survey and also the additional £5,000 expenditure for digitising the traffic orders for North East Somerset; and

(3) Agree that £5,000 additional funding be allocated for the purpose fo funding additional consultations and presentations; and that for the purpose of Standing Orders concerning consultants (No 9) this commission be regarded as continuation of previous work which does not require competition.

49 RECYCLING PLAN (REPORT 26).

The Committee received a report that requested the Members to consider a draft Recycling Plan for Bath & North East Somerset Council which would be issued as a new section within the Council’s adopted Waste Strategy. The draft plan had already been approved by the Waste Management Sub-Committee, who recommended it be adopted by this Committee.

RESOLVED that

(1) A new section is inserted in the Council’s Waste Strategy which provides information on the Government’s consultation paper on a new national waste strategy. (As shown in Appendix B, Page 8 – 10, ‘Less Waste, More Value.)

(2) The draft Recycling Plan, shown on pages 36-47 of Appendix B, is adopted as part of the Council's Waste Strategy;

(3) If approved by the Secretary of State as required by the Environmental Protection Act 1990, that the Council’s Waste Strategy and Recycling Plan is publicised through the methods detailed in paragraphs 6.2 – 6.4 of the report; and

(4) Officers discuss with neighbouring authorities how a network of reprocessing facilities for recyclable materials could be developed in the region, which reduces unnecessary transport use.

50 DECISION MAKING ON PLANNING MATTERS (REPORT 27).

This report invited the Committee to consider the present arrangements for making planning decisions and to recommend to the Council an alternative arrangement that meets Members concerns, including the setting up of a separate Development Control Committee.

The report also addressed the advice put forward by the Nolan Committee on Standards in Public Life about best practice in the planning process and recommended that the Council adopts a Local Code of Conduct specific to the Development Control Process.

The Committee considered that a fixed limited number of Members, possibly 2 or 3 nominated to the Council’s political groups should be authorised to act as substitute on the proposed Development Control Committee and its Sub-Committees.

RESOLVED that;

(1) The Council be recommended to adopt the proposed Local Code of Conduct for Planning (Development Control Matters) as set out in Appendix 1 of the report;

(2) Only Members of the Development Control Committee be authorised to act on the Committee, and as substitutes ont eh Sub-Committees, together with a fixed limited number of other members nominated to the Council by political groups and who have experience of and or have received relevant training in, planning matters;

(3) The Head of Planning and Development/Planning Services Manager be authorised to exercise the power of referral set out in Appendix 2 of the report;

(4) Standing order 186 (Member reference up) be revoked for Development Control matters;

(5) The Strategy Committee be instructed by the Council to disband its Regulation 3 and Referred Applications Sub-Committee;

(6) The Committee note and approve the subsequent change to the role of the Planning, Transportation and Environment Committee, including delegations to Officers, as described in paras 8.1 and 8.2 of the report;

(7) These arrangements take effect from the date of the Council meeting ie: 10 September 1998 and all matters currently ongoing before the Planning, Transportation & Environment Committee, Development Control Sub-Committee and the Regulation 3 Referred Application Sub-Committee be transferred over to the Development Control Committee and its Sub-Committee with immediate effect from that date; and

(8) If the Council approves these arrangements, the Development Control Committee meet immediately on the rise of tha Council meeting to formally appoint its Development Control Sub-Committees and substitute Members on the same and to approve its Sub-Committee and Officer delegations as set out in Appendix 3 of the report.

51 FUTURE AGENDA ITEMS (REPORT 28).

RESOLVED that the Committee note the future programme of agenda items.

52 HIGHWAY LICENCE CHARGES (REPORT 28a)

The Committee received a report the requested Members to consider the implementation of charges for certain highway services. This report was accepted as an urgent item because of resource implications for the Council.

RESOLVED that;

(1) Approval be given to the introduction of the charges as shown on the appendix attache to the report, effective from 1 September 1998;

(2) The Head of Service be granted delegated authority in consultation with spokespersons, to review the level of charges, whenever it is considered appropriate; and

(3) An additional 0.5 permanent staff member be appointed at the appropriate level to carry out the additional adminstrative and financial functions necessary in connection with the implementation of the charging process.

53 EXCLUSION OF THE PUBLIC

RESOLVED that, in accordance with the provisions of Section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business because of the likely disclosure of exempt information as defined in paragraph 7 & 9 of Part 1 of Schedule 12A of the Act.

54 RECYCLING CONTRACTS AND PACKAGING OBLIGATION FUNDING (REPORT 29).

The Committee received a report that provided information on progress made by Officers in establishing the best value arrangements on offer to the Council as a result of the new packaging regulations, which places a statutory obligation on companies handling packaging to contribute to the achievement of recovery and recycling targets. The report sought approval to enter into contractual arrangements with an industry compliance scheme and to award a new and extended contract to Bath & Wansdyke Recycling Ltd to provide recycling services for the Council.

RESOLVED that;

(1) Approval is confirmed for the Director of Development and Environmental Services to enter into contractual arrangements with the compliance scheme offering best value to the Council as detailed in Appendix A of the report;

(2) Approval is given to the Director of Development and Environmental Services to waive Standing Order C1 (3) on competition requirements to enter into a new contract with Bath & Wansdyke Recycling Ltd for the whole of Bath & North East Somerset, which lasts until 2004 to match the termination dates of Council refuse collection contracts;

(3) Subject to satisfactory agreements being concluded as a result of the recommendations in paragraphs 1 and 2 above, information on the Council’s new partnership is included in the Council’s Waste Strategy and draft Recycling Plan, following consultation with the Spokespersons from Waste Management Sub-Committee; and

(4) The Head of Engineering Services is given approval to enter into a one-year contract with an optional one-year extension with British Glass Recycling, which guarantees a minimum price for waste glass collection by Council recycling services as indicated in paragraph 6.3 of the report.

55 The meeting ended at 6.35 pm

56 Chair(person)

57 Date Confirmed and Signed

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