Meeting documents

SWT Executive
Wednesday, 16th November, 2022 6.15 pm

Venue: The John Meikle Room - The Deane House. View directions

Contact: Clare Rendell Email: c.rendell@somersetwestandtaunton.gov.uk 

Webcast: View the webcast

Items
No. Item

138.

Apologies

139.

Minutes of the previous meeting of the Executive pdf icon PDF 153 KB

140.

Declarations of Interest

    To receive and note any declarations of disclosable pecuniary or prejudicial or personal interests in respect of any matters included on the agenda for consideration at this meeting.

     

    (The personal interests of Councillors and Clerks of Somerset County Council, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes.)

     

    Additional documents:

    Minutes:

    Members present at the meeting declared the following personal interests in their capacity as a Councillor or Clerk of a County, Town or Parish Council or any other Local Authority:-

     

    Name

    Minute No.

    Description of Interest

    Reason

    Action Taken

    Cllr C Booth

    All Items

    Wellington and Taunton Charter Trustee

    Personal

    Spoke and Voted

    Cllr S Coles

    All Items

    SCC & Taunton Charter Trustee

    Personal

    Spoke

    Cllr D Darch

    All Items

    SCC

    Personal

    Spoke and Voted

    Cllr C Ellis

    All Items

    SCC & Taunton Charter Trustee

    Personal

    Spoke and Voted

    Cllr M Kravis

    All Items

    SCC & Minehead

    Personal

    Spoke

    Cllr L Lisgo

    All Items

    Taunton Charter Trustee

    Personal

    Spoke

    Cllr J Lloyd

    All Items

    Wellington & Sampford Arundel

    Personal

    Spoke

    Cllr D Perry

    All Items

    SCC & Taunton Charter Trustee

    Personal

    Spoke and Voted

    Cllr M Rigby

    All Items

    SCC & Bishops Lydeard

    Personal

    Spoke and Voted

    Cllr F Smith

    All Items

    SCC & Taunton Charter Trustee

    Personal

    Spoke and Voted

    Cllr F Smith-Roberts

    All Items

    SCC & Taunton Charter Trustee

    Personal

    Spoke and Voted

    Cllr A Sully

    All Items

    SCC

    Personal

    Spoke

    Cllr S Wakefield

    All Items

    SCC

    Personal

    Spoke and Voted

     

141.

Public Participation

    The Chair to advise the Committee of any items on which members of the public have requested to speak and advise those members of the public present of the details of the Council’s public participation scheme.

     

    For those members of the public who have submitted any questions or statements, please note, a three minute time limit applies to each speaker and you will be asked to speak before Councillors debate the issue.

     

    We are now live webcasting most of our committee meetings and you are welcome to view and listen to the discussion. The link to each webcast will be available on the meeting webpage, but you can also access them on the Somerset West and Taunton webcasting website.

    Additional documents:

    Minutes:

    Steve Martyn spoke on Blenheim Gardens Café – Minehead:-

    

    The Jewel in The Crown

    ·       Blenheim Gardens Café falls within the Wellington Square conservation area of Minehead. Covenants protecting the gardens have been in place since 1911. These state that the gardens are a public park for the pleasure of the people of Minehead. No permanent buildings are allowed. The buildings that are there are of timber construction and include a band stand, café, shelter and toilets. Alcohol may not be consumed within the gardens and the gates are locked at dusk.

     

    The Café:

    ·       There had been a café in the gardens for at least 40 years, run by one family. They were the last tenant who gave SWT notice in 2018 following a rent increase. There was great sadness when it closed particularly among young families with children and the elderly who used the café as a quiet and peaceful meeting place in contrast to the busy Avenue. The café has now been empty for 4 years and it’s condition has visibly deteriorated. This is under SWT’s watch and would never have been allowed to happen in Vivary Park.

     

    SWT‘s Decision To Tender:

    ·       The people of Minehead were not consulted why not?

    ·       Localism Act should have applied, why not ? Public Services (social value) Act was not applied, why not?

     

    The Tender Process:

    ·       Executive Cllr M. Kravis

    ·       Five Expressions of interest

    ·       20-year lease

    ·       Applicant to repair building

    ·       Applicant to propose rent

    ·       How were the applicants picked? Were any applicants known to the Executive Councillor?

    ·       Has the Executive Councillor had business dealings with any of the applicants before or after the tender?

    ·       Has the Executive Councillor rented, or occupied premises owned by any of the applicants before or after the tender?

    ·       Did the Executive Cllr declare any prejudicial interests before conducting the tender?

    ·       Did the five applicants receive the same brief on the same date?

    ·       Can we see the brief?

     

    The Lease - decision 30/10/20

    ·       The lease was awarded to the proprietors of Bar21 in the Avenue Minehead. The award was made based on the financial value, quality and deliverability of their submission.

    ·       Bar21 is a busy bar with a large outside area of raised decking. It plays very loud music every day of the week. It’s a magnet for groups of young men and a popular venue for stag and hen parties. It’s very noisy and not in keeping with the Wellington Square conservation area. Local people complain about the noise which can be heard right across the town, Blenheim Gardens and North Hill, but nothing is done to stop it. When residents met in Blenheim Gardens for the minute of silence on the Sunday before the Queen’s funeral, loud music continued from Bar21.

    ·       Bar 21 has a history of planning breaches. There were 6 planning enforcements at the time of the tender including its raised decking.

    ·       Did the Executive Cllr take account of the proprietors planning enforcements when making his decision?

    ·       Did the Executive Cllr consider the way Bar21  ...  view the full minutes text for item 141.

142.

Executive Forward Plan pdf icon PDF 161 KB

    To receive items and review the Forward Plan.

    Additional documents:

    Minutes:

    (Copy of the Executive Forward Plan, circulated with the agenda).

     

    Councillors were reminded that if they had an item they wanted to add to the agenda, that they should send their requests to the Governance Team.

     

    Resolved that the Executive Forward Plan be noted.

143.

New Regulatory Services Enforcement Policy 2022-2023 pdf icon PDF 290 KB

    This matter is the responsibility of Executive Councillor for Environmental Services, Councillor Andrew Sully.

    Additional documents:

    Minutes:

    During the discussion, the following points were raised:-

    ·       Councillors queried whether the Policy would give any powers to control living conditions or did it give additional powers to what was already in place. 

    The Regulatory Services Operational Manager advised that the Policy did not give any additional powers.  The HHSRS dealt with the conditions of a property.  The Policy gave powers to issue financial penalties.

    ·       Councillors agreed that the policy was very clear and transparent.

    ·       Councillors queried whether the Council carried out inspections for private rented accommodation for enforcements issues related to energy standards.

    The Regulatory Services Operational Manager advised that they did not actively seek out issues related to energy standards, they generally followed up on complaints only.  Councillors were further advised that grants had recently been sought to assist landlords.

    ·       Councillors queried what happened with empty properties if there were issues with conditions or enforcement.

    The Regulatory Services Operational Manager advised that there were limitations with what could be done on empty properties as that was covered by regulatory policies.  The Council did employ an empty homes officer who did work on getting properties reinhabited.

    ·       Councillors were pleased to see work was being done on empty properties.

    ·       Councillors agreed that it was good to see EPC rules included, however, they wanted to ensure that inspections were carried out.

    The Regulatory Services Operational Manager advised that they would rely upon tenants coming forward.

    ·       Councillors queried whether housing associations would fall with the private landlord bracket.

    The Regulatory Services Operational Manager advised that they would, but that non-enforcement routes would always be considered as they would want to work amicably with the housing associations.

     

    Resolved that the Executive adopted the following:-

    ·       Somerset West and Taunton’s Regulatory Services Enforcement Policy 2022- 2023; and

    ·       Somerset West and Taunton’s Private Sector Housing Enforcement Policy 2022- 2023.

144.

Low Carbon Retrofit Strategy and Delivery Plan pdf icon PDF 295 KB

    This matter is the responsibility of Executive Councillor for Housing, Councillor Fran Smith.

    Additional documents:

    Minutes:

    During the discussion, the following points were raised:-

    ·       Councillors were pleased to see the Strategy being brought forward and that it included retrofit and work on new properties.

    ·       Councillors were pleased to see that the baseline data had been collated and included in the Strategy.

    ·       Councillors queried how officers would make sure that tenants were not disrupted when the work was carried out.

    The Assistant Director for Development and Regeneration agreed that it would be a challenge, but that the work formed part of the capital programme, so the work needed to align properly.

    ·       Councillors were looking forward to the show home being open in the new year, so it could showcase what work could be achieved.

    ·       Councillors waned to ensure that letters were sent out to the tenants to advise them of what work would be carried out.

    ·       Councillors highlighted that tenant engagement has been at the core of the work carried out on the Strategy.

    ·       Concern was raised on the removal of gas supplies, which were due to be replaced with electric, which would cost more for tenants.

    The Assistant Director for Development and Regeneration advised that as part of the work carried out on the bidding for air source pumps, they would include calculations on the difference in energy costs.  They hoped not to make tenants worse off due to the proposed work.

     

    Resolved that the Executive recommended to Full Council the following:-

    ·       Full Council approved the Low Carbon Retrofit Strategy and Delivery Plan. The delivery of the strategy would need to be managed within the annual budget setting process, including the Medium-Term Financial Plan and 30-Year Business Plan, to ensure the overall affordability of the schemes being proposed each year; and

    ·       The Portfolio Holder for Housing and the Director of Homes and Communities progressed the steps identified in the delivery plan and to promote the approach with Somerset County Council colleagues.

145.

Governance for Taunton Garden Town pdf icon PDF 339 KB

    This matter is the responsibility of Executive Councillor for Planning and Transportation, Councillor Mike Rigby.

    Additional documents:

    Minutes:

    During the discussion, the following point was raised:-

    ·       Councillors queried where the new Taunton Town Council fitted into the work.

    The Garden Town Implementation Manager advised that they were aware of the establishment of the Town Council and that it had been included in the report within the delivery board and stakeholders’ work.

     

    Resolved that the Executive approved the following:-

    1)    The Taunton Garden Town governance proposals.

    2)    That responsibility for the finalisation of initial non-political representation on the proposed Delivery Board and Forums was delegated to the Director of Development and Place in consultation with the Portfolio Holder for Planning and Transportation.

    3)    That delegated authority was granted to the Director of Development and Place in consultation with Legal Services to prepare initial governance documents for approval at the first meeting of the Delivery Board.

146.

Firepool Design Guidance and Masterplan pdf icon PDF 560 KB

    This matter is the responsibility of Executive Councillor for Planning and Transportation, Councillor Mike Rigby.

    Additional documents:

    Minutes:

    During the discussion, the following points were raised:-

    ·       Councillors were pleased to see the report come forward for consultation.

    ·       Councillors hoped that the work would start soon, as it had been in the pipelines for years.

    The Principal Planning Policy Officer advised that after the consultation had closed, it would go to Full Council for approval. 

    ·       Councillors praised the Project and that it was a good legacy for the Council to leave for the residents and visitors of Taunton.

    ·       Councillors were pleased to see public artwork included alongside the Project.

    ·       Councillors were keen to see the Project signed off prior to vesting day.

    ·       Councillors thanked the officers for all their hard work.

     

    Resolved that the Executive approved the Draft Firepool Masterplan and associated supporting evidence documents for public consultation.

147.

Access to Information - Exclusion of the Press and Public

    During discussion of the following item it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 13 13.02(e) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. Executive will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information.

    Recommend that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the ground that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information).

    Additional documents:

    Minutes:

    Resolved that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information).

148.

Cultural Grant Provision