Agenda and minutes

The Chairman welcomed everyone to this face-to-face meeting of the Council in the New Council Chamber. He referred to the government’s recommendations to exercise caution, together with the council’s own health and safety advice, which had made it necessary to limit the number of councillors, officers and members of the public in attendance in the Chamber to ensure the meeting could take place safely.  He thanked everyone for their understanding and co-operation with this.

The meeting was being streamed live on the internet and a recorded version would be available to view within 48 hours on the North Somerset Council website.

To avoid the need for councillors to sign an attendance register and for the benefit of those watching via YouTube, the Assistant Director, Legal & Governance and Monitoring Officer undertook a roll call of councillors to confirm attendance. 

The vast majority of absences recorded were for Covid related reasons.

The Council will hear any person who wishes to address it in accordance with the Standing Orders. The Chairman will select the order of the matters to be heard. Each person will be limited to a period of five minutes for public participation and deputations and three minutes for petitions.  This section of the meeting must not exceed 30 minutes and discussion must not refer to a current planning application.

The Council will also receive questions from the public and provide answers thereto, subject to the Chairman being satisfied that the questions are relevant to the business of the meeting.

Requests must be submitted in writing to the Assistant Director Legal & Governance and Monitoring Officer, or to the officer mentioned at the top of this agenda letter, by noon on the day before the meeting and the request must detail the subject matter of the address. 

The Chairman reported three requests for public participation had been received.  The first submission would be heard at the meeting, the other two had been provided in advance and published with the supplementary papers.  These would also be read out at the meeting.

(1) Affordable Home Ownership for All: Richard Sibley, Claverham Resident

At the invitation of the Chairman Mr Sibley addressed the meeting on the matter of affordable home ownership for all.  He referred to a paper he had circulated to a number of councillors setting out proposals to address this issue in answer to current economic, social and environmental challenges and for the future.  He outlined the benefits of an alternative homes policy for the district and asked councillors and officers to study his proposals as a means of tackling this important issue.

(2) Reopening of Churchill Sports Centre: Thornton Daryl Hirst, Churchill Resident

At the request of the Chairman, the Assistant Director, Legal & Governance and Monitoring Officer read out the statement from Mr Hirst as published with the papers.

(3)  Affordable Housing: Alan Rice, Weston-super-Mare Resident

At the request of the Chairman, the Assistant Director, Legal & Governance and Monitoring Officer read out the statement from Mr Rice as published with the papers.

The Chairman thanked the members of the public for their submissions and proposed that they be noted and referred to the relevant Executive Member and the Director of Place.

These have to be received by the Assistant Director Legal & Governance and Monitoring Officer by 12.00 noon on the day of the meeting.

It was noted a petition had been received from Councillor Crew who was unable to attend the meeting.  At the request of the Chairman, the Assistant Director, Legal & Governance and Monitoring Officer presented the petition on Councillor Crew’s behalf.

The petition was in the following terms and signed by residents of the 57 properties in Thorn Close:

“To Whom it may concern.

The residents of Thorn Close, Worle, are petitioning North Somerset Council to bring pressure to bear on the relevant authorities to fully deal with the infestation of Feral Pigeons under the Solar Panels fitted to many of the properties in the Street.  These birds are causing misery to all of us, presenting both a health hazard and a noise nuisance.”

The Chairman thanked Councillor Crew for the petition and referred it to the Director of Place.

A Member must declare any disclosable pecuniary interest where it relates to any matter being considered at the meeting. A declaration of a disclosable pecuniary interest should indicate the interest and the agenda item to which it relates. A Member is not permitted to participate in this agenda item by law and should immediately leave the meeting before the start of any debate.

If the Member leaves the meeting in respect of a declaration, he or she should ensure that the Chairman is aware of this before he or she leaves to enable their exit from the meeting to be recorded in the minutes in accordance with Standing Order 37.

None declared.

20 April 2021, to approve as a correct record (attached)

It was noted that Councillor Ashton had yet to receive a response to the question he had raised under Question Time and the Assistant Director, Legal & Governance and Monitoring Officer agreed to follow this up.

Resolved: that the minutes be approved as a correct record.

Motion to Review and Strengthen the Council’s Low Carbon Advertising Policies (Councillor Petty) (Agenda Item 6 (1))

In Councillor Petty’s absence and at the invitation of the Chairman, Councillor McQuillan introduced the Motion.  He pointed out the intention was not to ban advertising but rather to modify existing policies to address the climate emergency, public health, air pollution and sustainable consumption.

Motion: Moved by Councillor McQuillan and seconded by Councillor Cronnelly

“As of November 2020, over 480 councils in the UK have made climate emergency declarations. Low Carbon Advertising Policies present an opportunity for local authorities to further their existing health and environmental policy goals relating to air pollution, active travel, climate change, sustainability and town planning.

It should be noted that restricting advertising for harmful products (e.g tobacco or SUVs) is not the same as banning the products themselves.

Fossil fuel companies, car companies and airlines spend billions each year advertising their high carbon products -despite growing public concerns over air pollution and climate breakdown.

Extracts here have been taken from a toolkit for local authority councillors and officers in the UK wishing to implement a ‘Low Carbon Advertising Policy’ which would prohibit adverts for these products in council-owned ad spaces.

This motion looks at the ecological and climate impacts of advertising from these high carbon industries:

•         petrol and diesel car advertising, particularly for the largest and most polluting cars such as Sports Utility Vehicles (SUVs)

•         airline advertising for flights

•         fossil fuel companies (such as Shell and BP)

There is plenty of additional information available to read about this subject on these links

https://www.badverts.org/

Advertising’s role in climate and ecological degradation. What does the scientific research have to say? Professor Tim Kasser with Andrew Simms, David Boyle and Emilie Tricarico

Upselling Smoke: The case to end advertising of the largest, most polluting new cars New Weather Institute and Possible, August 2020

Taking Down Junk Food Ads - how local areas are taking action on outdoor advertising Sustain, 2019

Why Taking Down Billboards is Good for the Local Economy Adblock Bristol, 2019

All here - https://www.badverts.org/reports-and-publications

This council notes:

•         That it is possible for local authorities to implement advertising policies against specific products if they consider them to be harmful to the amenity of an area.

•         This Council notes that the Greater London Authority (GLA), which controls Transport for London (TFL) property, were able to enact a Healthier Food Advertising Policy in 2018 prohibiting High Fat, Sugar or Salt (HFSS) food advertising on TFL property. Council planning departments will be able to advise on how to restrict the use of ‘deemed consent’ under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 including writing to the relevant Secretary of State.

•         That North Somerset Council currently holds an Advertising Concession Agreement with Clear Channel UK involving the upkeep and maintenance of over 25 bus stops across the area all of which include advertising panels (there are over 600 bus stops across the district).  ...  view the full minutes text for item COU32

(1)      Motion to Review and Strengthen the Council’s Low Carbon Advertising Policies

          Councillor Petty (attached)

(2)      Planning for the Future and the Planning Bill

          Councillor Bell, on behalf of the Liberal Democrat Group (attached)

Planning for the Future and the Planning Bill (Councillor Bell) (Agenda Item 6 (2))

In introducing the Motion Councillor Bell sought members’ support for the proposals as set out.

Motion: Moved by Council Crockford-Hawley and seconded by Councillor Canniford

“Council notes: 

•         The significant concerns that have been expressed about the planning reforms proposed by the Conservative Government in their Planning for the Future white paper.

•         The Government’s intention to introduce a Planning Bill, announced in the Queen’s Speech in May, which builds on the Planning for the Future white paper.

Council is concerned that Government proposals: 

•         Perpetuate an arbitrary target-driven approach that will require 20,085 homes in North Somerset, irrespective of evidence of community need or land supply. 

•         Take away many of the opportunities for communities and their locally elected representatives to have a final say on how their areas develop.

•         Reduce or remove the right of residents to object to applications near them by giving automatic rights to build in ‘growth’ areas, and increase permitted development rights, risk unregulated growth and unsustainable communities.

•         Remove local Section 106 payments and the Community Infrastructure Levy for infrastructure and replace them with a national levy; it is unclear how the new level of developer contributions would work.

•         Fail to recognise the climate emergency by making it a key priority that would enable the planning system to respond to the climate crisis.

Council believes that the Government’s Planning Bill should give local councils greater powers to: 

•         Challenge unrealistic housing targets.

•         Deliver improved infrastructure alongside new developments.

•         Require new development to meet high sustainability standards.

•         Require quality design standards as part of new developments.

•         Strengthen developer contributions to essential services including health, employment, and education.

•         Prevent land banking and poor delivery by developers where planning consents are in place.

Council resolves to write to the Government and our local MPs to set out our concerns and to emphasise our belief that local councils, in consultation with their businesses and residents, are best placed to understand the issues in their area and respond with an appropriate spatial strategy.”

Seven members signalled their support for a debate on the Motion. 

Councillor Crockford-Hawley spoke in support of his Motion and urged all members to support it.  He stressed he was not against housing or other development in North Somerset but that as a local authority this council, together with its businesses and residents, should be in charge of how the area developed rather than taking instruction from central government on arbitrary new homes targets, regardless of community need or land supply. 

In seconding the Motion Councillor Canniford referred to the challenges faced by the previous administration in responding to the government’s unrealistic housing targets.  He referred to the importance of addressing some of the misinformation being circulated and highlighted the impact of the Government’s proposals on development in the area, with the removal of the rights of local councils and residents to object to  ...  view the full minutes text for item COU33

The Chairman drew members’ attention to the forthcoming by-election on Thursday 22 July for the Congresbury and Puxton ward, following which the Council would return to its full complement of 50 councillors.

He also announced that he had decided to postpone the Civic Service, scheduled for 26 September, until next year and would notify councillors of the revised date in due course.

The Leader thanked all those involved in getting the room ready and making the necessary arrangements for today’s meeting, and for the Bristol Airport Planning Inquiry starting on Tuesday 20 July.  He expressed disappointment that many councillors had been unable to join the meeting as a result of the remote meeting regulations not being extended, and in referring to the increasing number of Covid-19 cases in North Somerset, he urged everyone to do all they could to keep safe and look after each other.

The Chief Executive thanked councillors and officers for all they had done in responding to the pandemic.  She referred to the ongoing impact of Covid-19 cases within the community, with increased demand across council services as case numbers continued to rise.  She confirmed that as an employer, the council was maintaining a cautious approach, encouraging working from home where possible and the continued wearing of masks, social distancing and hand washing within council buildings.

(attached)

Councillor Davies presented the Forward Plan.

Resolved: that the Forward Plan be noted.

Report of Councillor Gibbons (attached)

Councillor Gibbons presented the report.  She thanked the Director of Children’s Services for bringing together the details within the report and updated members on the findings of our care leavers’ contributions to the national survey ‘Your Life Beyond Care’, progress with members’ individual offers of support made during last year’s Corporate Parenting seminar and the ‘Case for Change’ published by the Independent Review of Children’s Social Care following the last Council meeting.

Members thanked Councillor Gibbons for the report and welcomed the offers of support made by individual members.  In response to a concern raised regarding an instance of fostering and the non-payment of guardians, Councillor Gibbons advised this was an historic issue dating back to 2010 and whilst regrettable had now been resolved, with no indication of any more recent cases.

Resolved: that the report be noted.

Questions must relate to issues relevant to the work of the Executive. Question Time will normally last for 20 minutes.

Members are requested to supply the Democratic Services Officer with a note of each question at, or just after, the meeting. A summary note of each question will be included in an appendix to the minutes.

Oral questions were directed to the members concerned and the summary notes and topics involved are contained in Appendix 1.

(1)      Peer Review Member Working Group

Response to Peer Review recommendations on Planning (attached)

Peer Review Member Working Group  (Agenda Item 16(1))

Councillor Crockford-Hawley, Chair of the Peer Review Member Working Group, presented the report, outlining the key findings and the recommendations from the Peer Review of Planning carried out in January 2021.  He confirmed the Working Group was recommending that Council accept all the recommendations as detailed within the report.  He made particular reference to the recommendation to reduce the size of the Planning and Regulatory Committee to 13, with non-members being allowed to attend and address the committee on applications in their ward or where an application materially affects their ward.  He referred to the call-in process and the importance of discussing any proposed call-in with officers and the Chairman in advance to be clear on the reason for the call-in, and also to the proposal to move public speaking on planning applications from the start of the meeting to immediately before the consideration of the application in question.  There would be additional meetings of the Working Group to consider further the issues raised as part of the recommendations.

The Leader thanked the Local Government Association review team, Councillor Crockford-Hawley, Councillor Tonkin and others involved in the review for the wide-ranging consultation with members, officers and stakeholders and for bringing forward this comprehensive report.  

In discussing the recommendations reference was made to the following issues:  the need to ensure the enforcement service was properly resourced, and the proposal for closer working with parishes on enforcement issues was welcomed; the review of internal collaboration processes to streamline the application process and avoid bottlenecks in the system was supported, together with greater clarity and guidance for members around the call-in process and the need for clear justification in doing so;  the benefits of addressing current work pressures by way of a triage system and reducing the number of applications coming before the committee with a focus on more important applications; the need for adequate resourcing across the planning service and for this to be addressed within the Medium Term Financial Plan (MTFP); the importance of regular training updates for members to keep abreast of changing planning policies and legislation.

Motion: Moved by Councillor Crockford-Hawley, seconded by Councillor Tonkin and

Resolved: that the recommendations of the Local Government Association Planning Advisory Service Planning Peer Review be noted, the recommendations made therein be agreed and the Assistant Director Legal & Governance and Monitoring Officer, Director of Place and Head of Planning be authorised to implement them.

Report from Councillor Crockford-Hawley (attached)

Councillor Crockford-Hawley presented the report.

Resolved: that the report be noted.

(1)      Avon Fire Authority

          Report from Councillor Payne (attached)

(2)      Avon and Somerset Police and Crime Panel

          Report from Councillor Westwood (attached)

(3)      West of England Combined Authority Joint Scrutiny Committee

          No report

Councillor Payne presented the report.

Resolved: that the report be noted.

Councillor Westwood presented the report.

Resolved: that the report be noted.

Councillor James gave an oral update on the recent meeting of the West of England Joint Scrutiny Committee.  He raised some concerns in relation to amendments raised at the meeting without the opportunity for scrutiny or public engagement.  The agenda papers and minutes for the meeting are available to view on the WECA website.

Resolved:  that the report be noted.

Report of Councillor Canniford (attached)

Councillor Canniford presented the report.  He outlined the business case for the delivery of residential development on council-owned land to the south of The Uplands, Nailsea and confirmed the proposed development would meet the council’s housing objectives and deliver beyond market norms in terms of standards, quality and sustainability.  With reference to the recommendation in the report he proposed an additional requirement for a procurement group to be involved in driving this forward, comprising Nailsea local members, the Chairman of the Place Policy and Scrutiny Panel and himself as Executive Member.

In discussing the report members raised the following issues:  the option for providing allotments as part of the residential development where some of the properties included communal shared gardens; members welcomed the high standards proposed, including building to Passivhaus certified standards to ensure sustainability, good build quality and low energy bills; reference was made to the need to ensure the development was child/family friendly; the importance of early engagement with the chosen development partner to ensure the carbon footprint of the build was minimised as well as carbon use within the building; issues in relation to construction traffic and road access to the site, with new residents and commercial traffic going through Tickenham or Backwell where roads were already gridlocked at peak times and the need for a proper solution to address increasing traffic in the area.

In response to comments made regarding the separate Executive Member decision on the appropriation of the land, the Assistant Director Legal & Governance and Monitoring Officer confirmed that this decision had now been taken and the Decision Notice and associated papers were available to view on the council’s website. He confirmed the decision had been taken in accordance with legal requirements and due process.  Consultation responses were included within the Decision Notice on the website.  He advised that the appropriation decision was subject to call-in and that any changes to that decision may result in the need for the Council decision to be reconsidered.

Motion: Moved by Councillor Canniford, seconded by Councillor Davies and

Resolved:  that the business case and Commissioning Plan for the procurement of a development partner for residential development on council-owned land to the south of The Uplands, Nailsea be approved as set out in section 3 of the report, with the additional requirement that a procurement group comprised of local members, the Chairman of the Place Policy and Scrutiny Panel and the Executive Member for Placemaking and Economy be involved in the development partner selection process.

Report of Councillor Canniford (attached)

Councillor Canniford presented the report.  He referred to the benefits of seeking levelling up funding to support delivery of the SuperWeston Placemaking Strategy objectives and drew attention to the match-funding proposals as set out in paragraph 3.2.6 of the report.  He stated that Weston town centre and seafront had been chosen due to its close match with the funding criteria and referred to the extensive engagement activity as part of the SuperWeston Placemaking Strategy, with over 5,000 responses from residents, businesses and visitors.  He thanked officers for their work on this and advised that a decision on funding was expected in the autumn.

Motion: Moved by Councillor Canniford, seconded by Councillor Cartman and

Resolved: that retrospective approval be given to the submission of a bid to the government’s Levelling Up fund, in support of the delivery of SuperWeston Placemaking Strategy objectives and to a value of £14,893,438, matched by local funding of £2,930,582 as set out in paragraph 3.2.6 of the report.

Report of Councillor Davies (attached)

Councillor Davies presented the report.  He thanked officers for their extensive work on the strategy and referred to the importance of a strategic vision which sought to address the climate emergency and the health crisis, while supporting local jobs and businesses.  He drew members’ attention to 

the summary set out on page 77 of the strategy highlighting ambitious delivery plans and the benefits for residents.

In discussing the report members expressed support for the strategy but were critical of the way in which government funding was made available for such schemes, with local authorities forced to chase the money rather than focussing on the delivery of a comprehensive strategy.  It was suggested this approach did not always produce the best schemes and solutions.  Reference was also made to the length of the strategy and whether this was necessary and to the need for this to be considered alongside other strategies to ensure a co-ordinated approach in addressing the high percentage of carbon emissions as a direct result of travel.  Members recognised the importance of effective consultation and engagement in order to achieve the council’s vision and to make it easier for people to make active travel choices.  Delivery plans needed to be ambitious and to include more cycle paths in areas such as Portishead, prioritising cyclists and pedestrians over car users.  Reference was also made to the importance of ensuring the needs of the elderly population and those with mobility issues were recognised and addressed within the strategy.

Motion: Moved by Councillor Davies, seconded by Councillor Bell and

Resolved: that the North Somerset Active Travel Strategy be adopted.

(appendix exempt under para 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information))

Report of Councillor Bridger (attached)

Councillor Bridger presented the report, updating members on the latest progress with particular reference to Phase 1B of the project to re-open the Portishead rail line, and seeking authorisations to move ahead with the next stage.  He thanked the project team for their work on this, together with the Place Policy and Scrutiny Panel, and drew members’ attention to recommendation 6 of the report proposing disposal of some historic railway assets to Avon Valley Railway for re-use for their heritage railway line extension into Bath.

Members welcomed the report and noted the project was now reaching a critical stage in relation to project costs and key financial risks.  Reference was made to the importance of close budget monitoring and sufficient member engagement and scrutiny of the project to avoid project cost escalation beyond the risks identified.  It was noted that in addition to high level officer discussions the Place Panel was involved in scrutinising the project but that it may be appropriate to involve the Partnerships, Corporate Organisation and Overview Management Panel to scrutinise the financial aspects of the project.

Motion: Moved by Councillor Bridger, seconded by Councillor Davies and

Resolved:

(1) (a) that authority be delegated to the Director of Place, in consultation with the Executive Member for Assets and Capital Delivery, the Assistant Director Legal & Governance & the Director of Corporate Services, to enter into (jointly with the West of England Combined Authority(WECA)) an Implementation Agreement with Network Rail, Part 1 – Detail Design GRIP5 and subsequent addendums to the agreement as outlined in section 5 of the report, as per the values in confidential appendix 2 of the report, leading up to Full Business Case approval, subject to:

(b) North Somerset Council (NSC) and WECA firstly entering into a Side Agreement to extend the 50:50 cost sharing to include all project costs (except revenue costs associated with the operation of the train service), through to the completion of the project, including risks and liabilities arising from NSC entering into Protective Obligations and Protective Provision Agreements with statutory undertakers, as set out in section 4 of the report;

(2) that Council notes that following completion of Detailed Design GRIP5 and the approval of the Full Business Case, a separate report will be brought to Council in summer 2022 seeking authorisation to proceed with Part 2 of the Implementation Agreement and award construction contracts including GRIP 6-8, via Network Rail and authorisation for all other contract awards required to implement the project and re-open the branch line for scheduled passenger train services;

(3) that Council authorise the Client Owned Scope Procurement Plan, attached at appendix 1 of the report and outlined in section 6 of the report, entailing the procurement of the (NSC & WECA) scope of works via the route to market identified for each package at an estimated cost of between £0.800M and £1.100M leading up to Full Business Case approval;

(4) that the Director of Place be authorised to agree terms for the acquisition of land by agreement  ...  view the full minutes text for item COU48