Questions from Green Group cllrs and Members at B&NES June Cabinet 2024

1.Question from Cllr Sam Ross

Bath Spa University is currently only served by one bus, the U5. According to the March 2024 minutes of the Climate Emergency and Sustainability Policy Development and Scrutiny Panel, £40k from the Clean Air Zone revenue is reserved towards funding bus services to the University of Bath. Why does Bath Spa not get a subsidised bus service?

Answer from Cllr Sarah Warren

Initially, this funding was provisionally allocated for a supported bus service as a contingency measure to mitigate potential operational cost increases. However, it was erroneously associated with the university, and the funding has not been called upon.

2.Question from Cllr Sam Ross

The boating community has now been reassured that the bin store at Bathampton will not be removed, through a joint statement issued on 7th May 2024 by Bath and North East Somerset and the Canal and River Trust (CRT). On 23 May 2024, the bins were taped up with no information being shared with the boating community while Bathampton Parish Council and other groups had been informed.

What action is the council taking, together with CRT, to ensure a solution is being sought to prevent fly-tipping at the Bathampton bin store, as well as ensuring regular communication with the community? What additional measures to manage the site will be taken, in addition to increasing the frequency of collections, as mentioned in the statement?

Response from Cllr Tim Ball

The Canal and River Trust (CRT) and council have agreed several actions to address the issues with the bin store at Bathampton. These include looking at the design, monitoring arrangements and signage. It has been agreed that CRT will be responsible for communicating with the boaters. The two parties will keep arrangements under review. Regarding the specific question about 23 May this action appears to have been undertaken to facilitate a change in contractor. The CRT posts regular updates on its website, please see the link below:

3.Question from Cllr Sam Ross

A local authority can make a case to the government to increase the Local Housing Allowance (LHA) in their area. It would appear that B&NES has not applied for this funding. The LHA was supposed to cover the lowest 50% of homes for rent but was reduced to 30% in 2011. It currently covers less than 5% of the private rental market in Bath. The government gives local authority the ability to make a case to the Dept for Works and Pensions (DWP) the ability to increase the LHA to reflect unusual local conditions such as the volume of self-contained homes being taken out of the local rental market to use as AirBnbs and boutique Holiday Lets.

Does the Council plan to commission an economic study into the impact on the local private rental market of AirBnbs and Holiday Lets and increase the LHA in B&NES?

Response from Cllr Matt McCabe

Local Authorities cannot challenge the amount of LHA rates. Targeted Affordability Funding is determined when the LHA rates are set, and councils do not apply for this funding. It is automatically calculated and applied where appropriate. The Government reinstated the 30th percentile link in April 2024. This has resulted in rates increasing by 12% and 29% (1 bedroom property) in the Bath and Bristol Market areas respectively, the two market areas covering B&NES. These rates were based on comprehensive rental data gathered by the Government’s Valuation Office Agency (VOA). The Council has no plans to commission work to challenge the basis of this decision, and to be clear, it is the VOA and not the council which determine LHA rates.

4.Question from Cllr Joanna Wright

At the March 2024 Climate Emergency and Sustainability Policy Development and Scrutiny Panel, the Cabinet Member for Climate Emergency and Sustainable Travel said the Council had no plan for an active travel route from the centre of town to Claverton Down. If there is no plan in place how will the Council be able to apply for funding to create this important link?

Response from Cllr Sarah Warren

We have recently been developing our Active Travel Masterplan which sets out our ambitions for an active travel network serving key destinations across B&NES, which we will be consulting on later this summer. Routes within the masterplan will be considered for development as future funding becomes available.

5.Question from Cllr Joanna Wright

Lambridge Ward councillors have repeatedly asked for support for 3 homes of residents who have nowhere to park due to changes to the highway created by the Walcot Residents Parking Zone (RPZ). Why won’t a council Highways Officer attend an onsite meeting to view the ongoing issue?

Response from Cllr Manda Rigby

With respect to this specific issue, it will be addressed during a forthcoming review of Residents Parking Zones which is due to begin during the summer with an option appraisal phase to identify potential amendments. Following agreement of any changes, a consultation and delivery phase will continue into 2025. Officers are always happy to arrange site meetings, where it is an appropriate use of their time, to understand and consider a way forward to address an issue or problem. The solution to this issue is understood and so a site meeting would not be appropriate at this time

6. Question from Cllr Joanna Wright

The Cabinet Member has informed the Climate Emergency and Sustainability Policy Development and Scrutiny Panel that the development of the Full Business Case for the 15 Liveable Neighbourhoods (LNs) is currently in progress. The area for the Snow Hill/London Road LN would potentially affect Lambridge Ward residents greatly, but Lambridge Ward Councillors haven’t been consulted on any plans to date. When will Lambridge Ward Councillors be informed about potential measures that will directly impact Lambridge ward and its residents?

Response from Cllr Manda Rigby

The full business case for the Liveable Neighbourhood schemes will be submitted to the Combined Authority during the summer and a decision is expected in September 2024. Once funding has been approved, engagement on the specific measures will be initiated.

7.Question from Saskia Heijltjes

Entry Hill depot site was called in by B&NES Councillors in July 2023, at the time of the call in, the panel was told that the site would be used 8 for satellite manufacturing by Cross Manufacturing. It is now clear that this company is involved in supplying components to the Israeli army’s F35 Combat Aircraft. Does the Council still believe that it was the right decision to sell this land to Cross Manufacturing?

Response from Cllr Paul Roper

The decision for disposal of the Entry Hill Depot Site was taken by my predecessor in April 2023 and would have been taken in light of the information that was available at that time. At the time of the sale the Council’s lawful processes and procedures were followed.

8.Question from Saskia Heijltjes

At the time that the Entry Hill depot site was called in by B&NES Councillors (Corporate Policy Development and Scrutiny Panel [11/07/2023]), the minutes state:

“In his closing statement, Councillor Roper stated that Cross is a third-generation family business of world class precision engineering and is worthy of support. They will be buying at red book value and the risk is theirs”.

Did Council officers investigate fully whether the precision engineering company operated in accordance with B&NES Constitutions, specifically the Human Right Act (p.83)? https://democracy.bathnes.gov.uk/documents/s81445/Constitution.pdf

Response from Cllr Paul Roper

The Council’s Constitution requires that the Council’s officers act in compliance with The Human Rights Act when discharging powers and duties on behalf of the Council. That obligation does not extend to vetting its suppliers or purchasers of assets/services for compliance and to do so would be impractical.

9.Question from Saskia Heijltjes

How much does a School Street with simple barriers that someone puts out and removes again at every drop off and pick-up time cost?

Response from Cllr Sarah Warren

It is not possible to provide an accurate hypothetical cost as any figure would need to include scheme development, consultation, monitoring and staff time. The cost of implementing any future School Streets in B&NES would be included in the relevant Single Member Decision report.

10. Question from Dominic Tristam

The Mount Road raised zebra crossing has recently been installed in Southdown. It is not clear when this scheme was allocated into the Transport Improvement Programme (TIP) (now called the 2024/25 Local Highway Improvements Programme). The budget papers in February 2024 did not show this scheme. Please can you explain how the Mount Road raised Zebra crossing was paid for, which budget stream was used to take it forward and how much it cost?

Response from Cllr Manda Rigby

The Mount Road raised zebra crossing was funded from the 2023/24 Transport Improvement Programme, the total scheme cost, including staff time is forecast to be £90,000.00.

11. Question from Dominic Tristam

At the March 2024 Climate Emergency and Sustainability Policy Development and Scrutiny Panel, the Cabinet Member for Climate Emergency and Sustainable Travel mentioned in the written update that the Council were working towards introducing a Workplace Parking Levy, but information on this was not for the public at this time. Please can you explain what actions the Council are taking to introduce the Workplace Parking Levy?

Response from Manda Rigby

Further investigation of a Workplace Parking Levy scheme has been undertaken over recent months, and we will be discussing with key
11 stakeholders the role that a Workplace Parking Levy could play as part of the broader mix transport interventions to promote the delivery of more travel choices and further improve air quality within Bath.

12. Question from Dominic Tristam

At the March 2024 Climate Emergency and Sustainability Policy Development and Scrutiny Panel, the Cabinet Member for Climate Emergency and Sustainable Travel mentioned in the written update that the Council were working towards introducing a Workplace Parking Levy, but information on this was not for the public at this time. Please can you explain what actions the Council are taking to introduce the Workplace Parking Levy?

Response from Cllr Manda Rigby

Further investigation of a Workplace Parking Levy scheme has been undertaken over recent months, and we will be discussing with key stakeholders the role that a Workplace Parking Levy could play as part of the broader mix transport interventions to promote the delivery of more travel choices and further improve air quality within Bath.

13. Question from: Dominic Tristram

At the March 2024 Climate Emergency and Sustainability Policy Development and Scrutiny Panel, the Cabinet Member for Transport said that a review of paper parking permits for Councillors was not something that the community was asking for, so the Council does not see the issue of councillors using paper permits (not quantified through a parking system) as a priority. As all other transactions taken by councillors on Council business need to be identified and interests lodged, can you please explain how much officer time would be taken by removing paper parking permits and putting the councillors using paper parking permits on the council’s digital parking system MiPermit

Answer from: Cllr Kevin Guy

The council issues a range of digital permits through MiPermit to help residents; businesses; visitors; and council staff, including councillors, manage their parking conveniently via electronic devices. The council recognises the importance of providing accessible alternatives where these are appropriate and for those that need them, such as paper permits and continuing to support cash payments for parking when other locations are moving exclusively to app and card-based payments only.

14 Question from Ann Coghlan

Please can you give full detail of which banking groups B&NES Council uses to undertake financial matters?

Response from Cllr Mark Elliot

The Council uses NatWest (part of the NatWest Group) for its day-to-day banking. It also holds a Call Deposit Account with Handelsbanken plc. The Council’s purchase cards are issued by Barclaycard (part of Barclays Bank plc), the council’s acquirer is Global Payments (card payments), and Santander for Post Office payments (Council Tax).

15. Question from Ann Coghlan

The Milsom Quarter Masterplan proposes reversing the entrance/exit of the Waitrose car park. See:https://beta.bathnes.gov.uk/sites/default/files/5MQMP_85_100_Movement_Strategy.pdf From:https://beta.bathnes.gov.uk/milsom-quarter/view-masterplan-documents The council could decide immediately to reverse this entrance and exit from the car park, creating a better use of the highways particularly 12 for buses that are blocked due to the long queues of cars. When will the Council act on this highway issue?

Response from Cllr Paul Roper

This is an aspiration in the Milsom Quarter Masterplan, the implementation of this would involve agreement of a third party (the Podium Car Park is privately owned). The Council has recently started early stage engagement on public realm and movement changes, including to this area, initial proposals can be seen here: https://beta.bathnes.gov.uk/milsom-quarter/milsom-quarter-public-space This forms part of the area being redesigned. While there is no immediate funding to implement the Council will be seeking grant funding to implement these improvements.

16. Question from Ann Coglan

Many residents are concerned by the use of taxpayer money to pay for the refurbishment of Cleveland Pools, especially because it is not certain when the pools will be able to open again to the public after flooding earlier this year. ‘The Council has previously awarded grants of £600k through decisions E2727, E2972, E2892 and E3352 towards the project and agreed to pay the £557k grant received for decarbonisation towards a water source heat pump. This further grant funding of £340k is towards completion of the final stages.’ In June 2022 another £250k was granted by BANES when Cleveland Pools ran out of money. What work was done with the Cleveland Pools lead to ensure due diligence on this project?

Response from Cllr Paul Roper

The Council has worked closely with the Cleveland Pools Trust to support the programme to restore the Pools and bring back into use to benefit the local community, due diligence following the community asset transfer included reviewing and supporting the funding bids to the Heritage Lottery Fund and working closely with the project lead on the programme implementation and delivery plan.

17. Question from: Ross Turmel

Both Morrisons and the Council have been contacted about the littering and fly-tipping behind Morrisons’ car park near the River Avon. I need the Council’s support to stop the fly-tipping and clear the waste once deterrents are in place. This waste, which includes automotive parts, building debris, and discarded PPE, poses environmental and safety risks that must be promptly addressed. Can you confirm your assistance with this?

Answer from: Cllr Tim Ball

Yes, our enforcement team will be happy to carry out a site visit by an officer to assess the deposited waste. They will then assist in identifying the relevant landowners on which the offending materials are located and determine the necessary course of enforcement action required to resolve the matter.

The responsibility to clear up fly tipping rests with the legal occupier of the said land. Once we have determined the ownership, we can then take the necessary steps to get this resolved.

18. Question from: Ross Turmel

The Council has promised to resurface North Road, (from Warminster Road to Bathwick Hill) for sometime now due to the large potholes that are causing a great danger to motorists and particularly to cycle users. Children cycling to school are endangered everyday on this hill that is littered with potholes. Please can you confirm when North Road was last resurfaced and the date for the next resurfacing to take place, please confirm why it needs to be undertaken during school holidays?

Answer from: Cllr Manda Rigby

Historic asset information has been checked and, apart from identifying that a section of North Road in Bathwick was subject to a micro asphalt surface treatment in 2001, there are no other records to indicate when the road was last resurfaced.  Currently North Road is scheduled in this year’s resurfacing programme and, all being well, will be undertaken from the week commencing 19th August.  We have a £3.6 million resurfacing programme this year, made up of 38 separate roads, some, including North Road, have been planned in and around the school summer holidays due to their locality being close to educational establishments, this is done to try to limit the additional traffic disruption during their delivery.

19. Question from: Bernie Howley

Given the recent reports on BBC and in the Guardian highlighting the pollution issue in the River Avon and the effect particularly in Bath as a 14 black spot for sewer storm overflow, has Wessex Water been comprehensively questioned about how this can rectified and has the Cabinet given consideration as to how the public can be persuaded/informed how to keep drains clear?

Answer from: Cllr Tim Ball

Wessex Water have produced a storm overflow management plan and work with the Environment Agency regarding the monitoring.  The plan can be viewed through the Wessex Water web site, the Council does not regulate Water Companies. As a Highway Authority we maintain highway drains and gullies the frequency of cleaning can be viewed on the Council web site using the following link:

https://www.bathnes.gov.uk/webforms/maps/?center=51.3552744392073,-2.4914932250976567&zoom=11&base=Ordnance%20Survey&categories=highwaysandtravel,highwaysandtravel_drainage&wfslayers=mlyr-129304

20. Question from: Bernie Howley

Implementing astro turf sports pitches involves overturning surface soil, disrupting natural habitats, leading to soil erosion, loss of biodiversity, and ecosystem disruption. Additionally, the maintenance of astroturf involves chemicals that can harm soil and water quality, vegetation, and wildlife. The installation of astroturf may also contribute to heat island effects, impacting local temperature regulation. Were the Cabinet members aware of this impact when they approved the planning application for Larkhall Athletic FC to build new astroturf pitches over existing grass fields at their site off Valley View?

Answer from: Cllr Sarah Warren and Cllr Matt McCabe

Firstly, it should be clarified that Cabinet Members form the Council’s Executive making key decisions including those relating to policy and finance, whereas decisions on individual planning applications have to be made by the non-Executive side of the Council because it is a regulatory function. The highest profile applications are decided by the Planning Committee and the majority of applications are decided by officers utilising powers delegated to them by the Committee. The application referred to was decided by officers under delegated powers. The planning application that you refer to was decided in December 2022 (it had been submitted in August) and had to be assessed in accordance with the planning policies that existed at the time. In December 2022 the policies in question were contained in the Core Strategy (adopted 2014) and the Placemaking Plan (adopted 2017). Since then, the Local Plan Partial Update has been adopted (in January 2023) which includes more stringent policies on artificial sports pitches (Policy LCR6) and Biodiversity Net Gain (Policy NE3A – which allowed the Council to take a 10% BNG approach a whole year before it became mandatory in England). Applications for artificial pitches 15 made since the adoption of the Local Plan Partial Update have had to be assessed against these updated policies and standards. New Policy LCR6 includes the following text: A management plan should be submitted with an application for a new artificial grass pitch. The management plan should outline the materials used and should consider potential sources of pollution from the installation phase through to end of life, including disposal. This includes both chemical and solid wastes including microplastics. Adequate remediation measures must be implemented and reported to ensure any identified potential harm can be suitably mitigated.

21. Question from: Bernie Howley

The Devonshire Tunnel has been shut for long periods of time due to flooding and drainage issues between mid-January and mid-April 2024. The Two Tunnels are an important route for both commuting and leisure cycling. What action is the Council taking to resolve the drainage issues to avoid the route from being closed again in the future?

Answer from: Cllr Tim Ball

The Council has engaged with our framework contractor to carry out remedial works to resolve the flooding issues at Devonshire Tunnel caused by faulty drainage blockages deep below ground, this has necessitated some design changes and planning works requirements which have now been satisfactorily resolved. Over the coming weeks there will be a presence on site by our staff and contractors to carry out essential enabling works which should not affect the normal use of the tunnel. The Council has put in place measures to maintain the Devonshire Tunnels use whilst these works are being carried out and until the works are complete.

22. Question from Grace Wiltshire

Could you provide more clarity on why £1m from the Clean Air Zone (CAZ) net revenue, originally designated for air quality improvement projects, is now being reserved for Highways TIP+ funding, which predominantly focuses on road safety measures? Considering that the CAZ revenue was meant to address air quality issues, can you explain the reasoning behind allocating these funds to road safety initiatives instead? Additionally, how does this allocation align with the council’s goals for sustainable transport and improving air quality in the community?

Answer from: Cllr Mark Elliott

Net proceeds derived through operation of Bath’s Clean air zone may be applied in such proportions as decided by the council, to directly or indirectly facilitate the achievement of its transport polices which may be amended or supplemented from time to time.

Annex 5 of the underpinning charging order for CAZ provides more detail as to the types of schemes alongside suggested improvements which may be funded or contributed to through net-revenue reinvestment and can be found here: https://beta.bathnes.gov.uk/sites/default/files/2021-02/Bath%20North%20East%20Somerset%20CAZ%20Charging%20Order.pdf With regard to the Local Highways Improvement Capital Programme (previously called the “TIP”) – by far the largest proportion of that fund (over £1.5m) is allocated to Pedestrian Schemes in 2024/25. This includes new crossings, footpath improvements, and other improvements to make walking more attractive and safer. Other funds with the Programme do focus on safety schemes, but many of these schemes again relate to pedestrian safety and so improve the infrastructure to encourage walking. There are also some small allocations to bus stop improvement, and cycle schemes. It would be fair to characterise the vast majority of the schemes within the Programme as making walking and cycling more feasible and more attractive, and the allocation is, therefore, entirely aligned with the council’s goals for sustainable transport and improving air quality.

23. Question from: Grace Wiltshire

Instead, could the council allocate funds from the Clean Air Zone (CAZ) revenue to purchase child-carrying equipment for the council’s longtail cargo bike, currently it doesn’t come with sufficient child-carrying safety equipment such as a backrest or seats? This investment would not only promote safer transportation for parents and caregivers but also emphasise the bike’s role in reducing air pollution, making it a valuable use of CAZ revenue.

Answer from: Cllr Mark Elliott

Current forecast net-proceeds for the Clean Air Zone are already fully allocated (for more details see the answer to question P15). However, I understand that adding child-seat equipment to the council’s loan longtail bike is currently under investigation (including the relevant insurance implications).

24. Question from: Grace Wiltshire

£3.3m net income was generated in 2022 from the Clean Air Zone (CAZ). What was the income generated in 2023 and what is the total pot
17 available?

Answer from: Cllr Mark Elliott

Net proceeds derived from operation of the Clean Air Zone are split across four reserves:

(1) A Smoothing Reserve – to cover future operational deficits.

(2) A Decommissioning Reserve – to cover the costs of removal of the CAZ, should such a decision to remove be made in the future. (To

be clear, no such decision has been made.)

(3) A Monitoring and Modelling Reserve – to cover air quality monitoring and future year modelling predictions.

(4) A Re-investment Reserve. This is the reserve used for re-investment in other schemes and projects and receives the highest net contribution each year. £1.2m was directed into it in 23/24. The latest budget workings forecast a further contribution in 24/25 of £650k. This will bring it to a total current forecast of £7.4m over the life of the CAZ. At this stage, the £7.4m is fully committed to investment projects, including the Local Highways Improvement Programme schemes mentioned in the previous question (P13) and major wheeling and walking schemes such as “Scholars Way”.

25. Question from: Gareth Eynon

As a resident of Bath living on a road with on-street parking, I want to swap out two cars, diesel and petrol, for a single electric vehicle. Octopus Energy has offered to install an electric car charging point as part of the deal, but they require written permission for the cable to cross the pavement. I’ve contacted the council highways department twice to inquire about their stance on allowing a small cable gully to be cut across the pavement to house the cable, ensuring it doesn’t create a trip hazard. With my background in the trade, I’m prepared to do this work myself, knowing that the council will inspect it once completed.

Firstly, can I find out if the council permits these minor alterations to pavements?

Secondly, is the council looking into making it easier for residents without driveways to install similar systems, enabling them to safely charge electric vehicles across active pavements?

Answer from: Cllr Sarah Warren

Providing the infrastructure to enable the uptake of electric vehicles is an important part of growing travel choices for our communities. It is incumbent upon the Council to balance this aim, with the provision of safe pavements for all users. Working as part of WECA, we have successfully been awarded funding to commence a trial of gulleys within pavements for electricity cables. We are currently recruiting to a vacancy, and as soon as staffing resources are available, we will begin the trial.

26. Question from: Gareth Eynon

Regarding the potential return of HGVs to London Road, I would like to inquire whether the Cabinet has explored options to increase deterrents for these vehicles, particularly those simply passing through the city. Given the reported external pressure to allow their return, could the Council legally consider tripling the clean air zone charge for such HGVs, which contribute to congestion, air and noise pollution, and strain on local infrastructure?

Answer from: Cllrs Manda Rigby and Sarah Warren

All Euro I to V diesel and Euro 1 to 3 petrol (or earlier) HGVs are levied a £100 charge to enter the Clean Air Zone (CAZ) in Bath. In 2023, the Council also explored amending the Clean Air Zone Charging Order to include an additional charge of £50 for all Euro VI diesel HGVs over 12 tonnes entering the CAZ. Following a public consultation, it was decided not to proceed with the proposal at the time. Local authorities operating a chargeable Clean Air Zone determine the appropriate daily charges levied. The Charging Order acts as a legal instrument laying out the daily charges for each respective vehicle used within the zone; any future adjustments to daily charges would require a consultation and a later variation to the order.

27. Question from: Gareth Eynon

Additionally, could the Council assure a ring-fencing mechanism for the extra funds generated from this increased charge? These funds would be earmarked for additional repairs and pollution mitigation efforts necessary on London Road and its surrounding areas as these large vehicles resume their routes. Importantly, this proposed charge increase aligns with the polluter pays principle and aims to alleviate the impact on nearby neighborhoods, some of which have recently achieved ‘Livable’ status and are keen on maintaining their environmental quality.

Answer from: Cllrs Manda Rigby and Sarah Warren

Currently all net proceeds derived through operation of Bath’s Clean Air Zone (CAZ) may be applied in such proportions as decided by the council, to directly or indirectly facilitate the achievement of its transport polices which may be amended or supplemented from time to time. Annex 5 of the underpinning charging order for CAZ provides more detail as to the types of schemes alongside suggested improvements which may be funded or contributed to through net-revenue reinvestment and can be found here: https://beta.bathnes.gov.uk/sites/default/files/2021-02/Bath%20North%20East%20Somerset%20CAZ%20Charging%20Order.pdf In the case that the authority was to seek a variation to daily charges, allocation of those proceeds would follow a similar principle. P

28. Question from: Barbara Gordon

How many School Street pilots will the £250k allocated from the Clean Air Zone revenue cover?

Answer from: Cllr Sarah Warren

We are currently developing our School Streets programme so it is not yet possible to provide a figure for the number of schemes that will be delivered using the £250k allocated from the Clean Air Zone revenue.

29. Question from: Barbara Gordon

Please can the Council inform residents of their ambition to deliver School Streets? How many and by when?

Answer from: Cllr Sarah Warren We have recently contacted all primary, secondary and SEN schools in B&NES so that they have the opportunity to express interest in a School Street. Once we have an understanding of which schools are interested, we will then be in a position to develop our ambitions further and devise a delivery programme. It is anticipated that we will deliver at least one pilot scheme within the next calendar year.

30. Question from: Barbara Gordon

Can school patrol officers help with School Street pilots?

Answer from: Cllr Sarah Warren

Marshals for School Streets will be school staff or volunteer parents/carers. School Crossing Patrol Officers would not be appropriate to marshal School Streets as they have an important role supporting pupils to cross streets safely on their journey to school.

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