Decisions

The Committee resolved to keep the meeting time and location for the moment but agreed to review should there be inadequate time to cover all the agenda items.

Apologies were received from Cllr Gwil Wren with Cllr Dawn Johnson covering the role of Chair, Cllr Edric Hobbs with Cllr Henry Hobhouse as substitute, Cllr Andy Kendall with Cllr Emily Pearlstone as substitute, Cllr Susannah Hart

The Committee requested that the proposed policy document was shared in advance so they will be able to scrutinise and comment on the policy before it is formally introduced.

The Committee resolved to have a further verbal update as further details of the restructure are determined.

The Committee resolved to add the following items to the Work Programme: -

·         Open Spaces,

·         Visit to CCTV site in Bridgwater,

·         HRA budges (Housing Revenue Account),

·         Customer Service Annual Report,

·         Environmental Health and

·         Financial Hardship and local support available.

Resolved to grant permission subject to conditions detailed within the Officer’s report.

(Unanimous)

Resolved to grant permission subject to the conditions detailed within the Officer’s report.

(Unanimous)

Resolved that the minutes of the Planning Committee - North held on 13 August 2024 be confirmed as a correct record.

Resolved to grant listed building consent subject to the conditions detailed within the Officer’s report.

(Unanimous)

Resolved to grant permission subject to conditions detailed within the Officer’s report and condition no.14 being deleted as a duplicate.

Condition 16 to be amended to refer to plots 2 – 5.

An additional condition regarding the materials to be used.

(Unanimous)

The Audit Committee:

1.     Noted the current strategic risks for Somerset Council set out in Appendix One

2.     Requested an update on the risks regarding delivery of the Commercial Investment Disposal and Asset Management Strategy and Programme to be provided at the next Audit meeting.

The Audit Committee:

1. Noted the position of each of the three accounts and audit progress.

2. Understood the impact of the backstop dates, presenting a risk towards completing audited accounts.

The Audit Committee:

1.     Noted the progress made against the actions in relation to the Key Recommendations.

The Audit Committee:

1.     Considered whether the content of the proposed workplan and was adequate and appropriate.

The Audit Committee:

1.     Passed a resolution to exclude the press and public from the meeting on the basis that if they were present there would be a likelihood of disclosure of exempt information.

Votes: Unanimous

The Audit Committee:

1.     Reviewed and commented on the draft Annual Governance Statement 2023/24 (Appendix A), the Action Plan for 2024/25 and 2025/26 (Annex 1), the supporting evidence (Annexes 2, 3 and 5) and the Local Code of Corporate Governance (Annex 4).

2.     Noted that the final version of the AGS will be presented to the Audit Committee on 30 September 2024 as part of the annual Statement of Accounts 2023/24

The Audit Committee:

1.     Noted the Section 151 Officers assessment that the Council is a “going concern” and agreed that the 2023/24 statement of accounts should be prepared on that basis.

The Audit Committee:

1.       Noted the position of the 2024-25 Internal Audit Plan and considered any significant governance, risk and control weaknesses identified.

The Audit Committee:

1.     Noted the Internal Audit Annual Audit Opinion for 2023-24 for Somerset Council.

2.     Requested an update on the completion of actions for the Health and Safety Governance internal audit report recommendations be provided at the next Audit meeting

The Audit Committee:

1.     Noted the risks associated with the Improvement and Transformation Programme set out in Appendix A

2.     Considered whether the proposed mitigating actions are adequate and appropriate to address concerns.

3.     Requested that all elected Members are further informed on the progress and milestones of the Programme.

That planning application 2024/0560/FUL be REFUSED  contrary to the Officer’s recommendation, as it represented over-development of the site and given the overall scale, siting, design and materials proposed for the two dwellings the impact on the Conservation Area and neighbouring listed buildings within the locality of the application site was unacceptable. Harm to the amenity of the occupiers of neighbouring properties particularly number 20 was also identified as a negative impact. The harms identified were considered to be significant and demonstrable.

Votes – 7 for, 3 against, 3 abstentions

That planning application 2024/0511/FUL be REFUSED contrary to the Officer’s recommendation, as the size, style, scale and design of the scheme was detrimental to the character and appearance of the area generally and the setting of neighbouring listed buildings within the locality of the application site. Harm  to the amenity of the occupiers of the neighbouring property at number 18 in terms of their enjoyment of their garden was also identified. The harms identified were considered to be significant and demonstrable.

Votes – 7 for, 4 against, 2 abstentions

That planning application 2023/1779/FUL be DEFERRED for 2 months, contrary to the Officer’s recommendation, to allow the applicant to submit additional information to determine if it could be considered favourably as an agricultural dwelling under DP13.

Votes – 10 for, 2 against, 1 abstention

That planning application 2024/0670/HSE be APPROVED in accordance with the Officer’s recommendation.

Votes – Unanimous

That planning application 2024/0800/FUL be REFUSED in accordance with the Officer’s recommendation.

Votes – 9 in favour, 4 against

Following consideration of the officer report, appendices and discussion, the Executive resolved to:

a)    Note the capital outturn position for the financial year 2023/24 of £117.8m

b)    Approve the slippage of £196.890m from 2023/24 into 2024/25 and beyond whilst a further review of the capital programme takes places during 2024/25

c)    Approve the removal of the underspend

d)    Approve the changes to the capital programme approvals, as detailed in Section 26 of this report

Following consideration of the officer report, appendices and discussion, the Executive resolved to review the performance information provided within Appendix A, and in particular the narrative relating to performance this quarter.

Following consideration of the officer report, appendices and discussion, the Executive resolved to:

1.    Note the contents of this report.

2.    Note the outcome of the recent Inspection by the Investigatory Powers Commission.

3.    Note the use of the Authorities’ powers under RIPA for the period of 3 years prior to the formation of the unitary Council, for the period 2023/24 and thereafter that the use of the powers be reported to the Executive on an annual basis.

4.    Recommend to Full Council that the former County Council’s Covert Surveillance (RIPA) Policy attached to this Report be re-adopted as amended, as the RIPA Policy for Somerset Council.

5.    Agree and note that the Council’s Policy at recommendation 4 above will be reviewed annually by the Scrutiny Committee – Corporate and Resources and Executive Committee.

Following consideration of the officer report, appendices and discussion, the Executive resolved to:

a)    Note the underspend of £1.8m (0.3%) for the 2023/24 financial year which will be added to the General Fund balance.

b)    Approve the draws and contributions to earmarked reserves set out in appendix 11.

c)    Approve to release £0.7m of available earmarked reserves funding to the General Fund balance.

d)    Agree to continue to receive monthly budget monitoring reports in 2024/25 which sets out the forecast outturn for the year with details of any mitigations and actions being taken to address any forecast variances.

e)    Note that the Collection Fund outturn position is still being finalised. Any over/underspend will be funded from/contributed to reserves. Any material changes to the reserve position will be noted in a future report.

f)      Approve the amendment to the Flexible Capital Receipts Strategy to include the Adult Social Care transformation programme, My Life, My Future (section 34/appendix 12).

Following consideration of the officer report, appendices and discussion, the Executive resolved to:

·       Agree the Target Operating Model for Somerset Council.

·       Delegate authority to the Executive Director - Strategy Workforce and Localities to make any future minor amendments or improvements to the Target Operating Model in consultation with the Lead Member for HR and Transformation.

Following consideration of the officer report, appendices and discussion, the Executive resolved to:

1.             Note the HRA’s forecast financial performance and projected reserves position for 2024/25 financial year as at 30 June 2024, including key risks and future issues and opportunities detailed in the report which will be closely monitored and updated throughout the year.

2.             Note the forecast outturn position of the Capital Programme. 

Following consideration of the officer report, appendices and discussion, the Executive resolved to:

a)    Note the contents of the report and appendices.

b)    Approve the slippage of £73.963m from 2024/25 into 2025/26 and beyond whilst a further review of the capital programme takes places during 2024/25.

c)    Approve £11.400m of changes to the capital programme approvals, as detailed in Section 25 of this report.

d)    Approve a £0.528m virement to the capital programme, as detailed in Section 26 of this report.

Following consideration of the officer report, appendices and discussion, the Executive resolved to:

a)    Note the forecast underspend of £0.2m for the year.

b)    Agree to draw £0.025m from the Hurlestone Bothy Earmarked Reserve for the Coastal Revival Fund. (£0.017m to Property Services under Strategic Asset Management, and £0.008m to Communities Services under Regulatory & Operational Services.)

The Licensing Sub-Committee of Somerset Council was due to consider an application for a variation to an existing premises licence from Mr Abdullah Ulgut for The Town Hotel, Bridgwater, Somerset (formerly known as the Mansion House) following representations from Avon and Somerset Police and members of Bridgwater Town Council.

As a result of discussions between the Police and the applicant, the Sub-committee was advised that an agreed position has been reached and that consequently the Police had withdrawn their representation. The members of the Town Council have also indicated that because of this agreement they also no longer wished to make representations on this application.

Therefore, the Sub-Committee being satisfied that the proposal duly promoted the licensing objectives, agreed that the licence for the Town Hotel (formerly known as the Mansion House) be varied in accordance with the following terms of agreement: 

1.    The current plans of the premises shall be replaced by those shown at the hearing and to be provided by the Applicant.

2.    The current DPS Evgeni Zlatev shall be removed from the licence as requested by the Applicant.

3.    The existing terms and conditions of the licence shall remain, subject to the addition of the following conditions:

·         Whilst any of the premises are being used for temporary/emergency accommodation from the local government, social housing or such body, there will be no sale or supply of alcohol permitted under the licence

·         Alcohol will not be sold during Bridgwater Carnival whilst the premises are being used for social or temporary housing as above

The Committee resolved the following:

·       To approve recommendations 1,2 and 3.

·       Not to approve recommendation 4 – to recommend to Executive Committee to re-adopt the RIPA Policy for Somerset Council - and made recommendations on various amendments and updates to the Policy.

·       To approve recommendation 5 but with the addition to include that the Scrutiny Corporate & Resources Committee review the policy annually, prior to the Executive annual review.

The Committee resolved the following:

• Part 1 – reducing the level of discount provided to a maximum of 75% - recommended that this change is not implemented and that the maximum level of support remains at 100% (Votes: 7 in favour, 1 against, 1 abstention)

• Part 2 – introducing non-dependent deductions of £10 per week – recommended that this change be adopted (Votes: 8 in favour, 1 abstention)

• Part 3 – restricting support to band D Council Tax levels – recommended that this change be adopted (Votes: 6 in favour, 3 abstentions)

• Part 4 – reducing the time we can backdate claims to 1 month – recommended that this change be adopted (Votes: 8 in favour, 1 abstention)

The Licensing Sub-Committee had been asked to consider an application for a new premises licence for the premises known as The Bistro, 27 Clayland Corner, Stogursey, Somerset following objections from the Parish Council

The Sub-Committee had considered all of the evidence presented by the Applicant and Objectors both in person and in writing. The Sub-Committee’s decision was made in accordance with the Council’s Statement of Licensing Policy, the Secretary of State’s Guidance and current case law. The Sub-Committee was advised that the Applicant had accepted conditions proposed by the Police and therefore there was no objection from them.

DECISION

It was apparent to the Sub-Committee that there was no overwhelming objection to the application for a premises licence in principle, however the terms of that licence were the concern.

The Sub-Committee recognised that this was a well-prepared application with a comprehensive operating schedule, which comprehensively supports and promotes the licensing objectives.

The question of the need for the premises and issues over bus provision and lack of footpath or streetlights do not in themselves fall within the remit of the Licensing Sub-Committee. It is the duty of the Licensing Authority to consider each application on its merits irrespective of the needs or demands for a licensed premises in the locality.

The issue that remained was that of the licensed hours for the sale of alcohol. The Parish Council had brought to the Sub-Committee’s attention the planning consent of 14 June 2023 which restricted the trading hours of the premises by way of a terminal hour of 4.00pm, with the exception of 12 private functions. Planning and Licensing are separate regulatory codes with their own enforcement regimes and therefore whilst the decision reached by the planning committee may influence the licensing decision making process it was not bound to follow its lead.  

The application was primarily for alcohol to be available to compliment food not as an alternative pub. The Operating Schedule made clear that all alcohol sales would be ancillary to the purchase of food and shall be sold by table service only.

The Applicant had explained that the application for the hours outside of those permitted by the planning consent only apply to the additional 12 private functions per year permitted by the planning consent. 

It was therefore apparent that the Parish Council had misunderstood the terms of the application.

Accordingly, it was the decision of the Sub-Committee to grant a premises licence to The Bistro, 27 Clayland Corner, Stogursey Somerset between the hours of 12.00 and 16.00, 7 days a week, together with the submitted operating schedule and the conditions agreed with the Police.

For the avoidance of doubt the terms of the licence are as follows

Sale and supply of alcohol

Monday – Sunday 10.00 – 16.00

During 12 private functions per year

Sale and supply of alcohol

12.00 – 23.00

Late night refreshment

11.00 – 23.30

The terminal hour for the 12 private events may be extended until 00.30 where a private function is held on Christmas Day, New Years Eve or a Bank Holiday weekend

RESOLVED:

That planning application 21/00503/OUT for outline planning permission and all matters reserved except for access for the erection of up to 25 dwellings, demolition of single storey extension to no. 18 and rearrangement of estate road to facilitate access between 18 and 19 The Avenue at Os 3346, Thorney Road, Kingsbury Episcopi, Martock, Somerset, be APPROVED subject to the prior completion of a Section 106 planning obligation and the imposition of conditions as detailed in the agenda report.

Voting: 9 in favour, 1 against, no abstentions.

RESOLVED:

That planning application 23/03085/FUL for part demolition of existing building and erection of 16m hi-bay storage facility building and formation of additional car parking area at Centaur House, Centaur Services Ltd, Torbay Road, Castle Cary, Somerset, BA7 7E, be APPROVED, contrary to the Officer recommendation, subject to a Section 106 planning obligation to include travel plan obligations and appropriate conditions (conditions to be agreed between the Planning Officer, Chair and Division members).

Voting: Unanimous in favour