Bath

Taking the waters in Bath

Bath and North East Somerset Council are no poster child for competent management of capital projects . Have a look at Bailii for the most recent bit of litigation against Spa builders Carillion, and the previous fight against former Spa Builders Mowlem. But BANES do run a very nice restaurant at the Pump Room in Bath.

PumpRoominBath

I say “they” but sensibly the Council contracted out the most speculative bit of the attraction – catering – to a private company from whom they take a commission on earnings. (Something for the team planning the Museum of Bristol to think about.)

In fact, BANES’ Heritage Services department look like they’ve got a few ideas worth copying. They bring in a regular £3 million annual income to the city of Bath (possibly even sharing some of it with the Somerset countryside), and have turned around the niche Bath Fashion Museum. But they’re still haemorrhaging money from the Assembly Rooms.

In previous years, Bath haven’t performed fantastically when compared to other public heritage organisers – see the Association of Leading Visitor Attractions (ALVA) - but they claim to be improving.

I was surprised to find that the only heritage site in Bristol listed at the ALVA is St John the Baptist, the church which encompasses the North Gate on Broad Street. The membership requirements for ALVA are:

To qualify for membership, the attractions must host over a million visitors per year at their singly or centrally-managed sites and be in accord with ALVA's mission statement and quality standards.

Does the North Gate get that many people? Even the SS Great Britain only claims 170,000 visitors per year.

Spit, Spew or Swallow?

Anyhow, if you are in Bath and you do visit the Pump Room, then why not try the following entertaining game of chance, entitled “Spit, Spew or Swallow”. (Note – possibly BristleKRS already owns the trademark).

One of the highlights of a visit to the Roman Baths is an opportunity to try a glass of the stimulating and curative Spa Water for which Bath is famous.

The important point to remember is that “Spa Water” is not the same thing as “Mineral Water”. The latter is generally very pure water with a few trace elements picked up during passage through multiple layers of rock strata; the former is the product of a geothermally heated aquifer and tastes like Satan’s bathwater.

So find yourself a nice table in the Pump Room, place your bets on the tourists purchasing glasses of Spa Water, and see if you can predict whether they spit, spew or swallow. For more information about the advanced rules of the Pump Room game, which includes extra scoring opportunities for grimacing, gagging and dry heaving, please contact the author.

Rights of Way (Bristol-Bath Railway Path & Whitehall Playing Fields)

I may seem somewhat scathing of the Local Authority at times, but many of their reports are very elegant documents, providing all the information that an inexperienced councillor might require to understand their legal duties and powers.

Here's a good example, from today's Public Rights of Way and Greens Committee.

An application for a Modification Order has been received from a member of the public to modify the Definitive Map by adding a footpath from Johnsons Lane, through Whitehall Playing Fields (aka ‘Packers Field’) to the end of Johnsons Road where it meets the Bristol-Bath Railway Path, Easton, Bristol. The claimed route is shown on the Location Plan at Appendix A.

Footpath-JohnsonsLaneBristolBathRailywayPath

(Click for larger map)

The legal framework:

Section 31 of the Highways Act 1980 provides for the presumption of dedication of a public right of way following 20 years continuous use. Subsection (1) states:

“Where a way over any land, other than a way of such character that use of it by the public could not give rise at common law to any presumption of dedication, has actually been enjoyed by the public as of right and without interruption for a full period of 20 years, the way is to be deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it.”

Subsection (2) states that:

“The period of 20 years referred to in subsection (1) above is to be calculated retrospectively from the date when the right of the public to use the way is brought into question, whether by a notice ... or otherwise.”

I had assumed this sort of business was part of the Countryside and Rights of Way Act 2000. One wonders what was gained from adding another act of parliament, if the 1980s version is still considered good enough.

The report includes various maps of the area, from the Ordnance Survey's 1888 document through to to Aerial photos from the '70s. However, my favourite is the 1914 map that accompanies a sale of land:

PackersBillofSale

(Click for larger map)

Report:

CLAIMED FOOTPATH FROM JOHNSONS LANE, THROUGH WHITEHALL PLAYING FIELDS TO BRISTOL-BATH RAILWAY PATH

Red Trouser Gate

The Bristol Blogosphere - but interestingly not the local mainstream media - is full of discourse on the subject of peculiarly swift land sales at the local council.

The story starts with some emails in the documents obtained under FoI by the Railway Path campaigners (during the BRT saga). Some land that is part of the embankment - the green strip - on the edges of the Bristol-Bath Railway Path has been sold to a private developer. The emails suggest that the agreement between the council and the developer's land agent was concluded without due regard to the Council's formal procedures for land disposal.

Having realised that potentially embarrassing information was in the public domain, persons unknown put together an internal briefing document to clarify events. This document was promptly leaked to Chris Hutt at the Green Bristol Blog. (see here for full doc.)

Looking at the emails themselves, some of the back and forth between junior council officers and land agents does appear to imply that the agents are calling the shots. And the specific meeting(s) at which the land sale was agreed are completely off the radar - no agendas, no minutes - and seem to have involve only David Bishop, the council's Director for City Development - and George Ferguson, the property developer and red trouser aficionado.

30grad2

The Council's own internal briefing document offers the following statement:

Several concerns were raised over the potential sale of the land by the Nature Conservation Officer and the Transport Development Control Manager. The initial response was that the Council would not wish to sell the land. Further discussions between chief officers in CLS (Culture and Leisure Services - Parks) and PTSD (Planning Transport and Sustainable Development) and George Ferguson from Squarepeg were held in May 2008. Instructions were subsequently given to Property Services to proceed with the possible sale of this land

There's a suspiciously large amount of passive voice in that paragraph...

Ashley Fox, local councillor (and blogger), has decided to do some further investigation, and has submitted the following questions to the elected Cabinet of the city. Answers will be given at the next meeting of the Full Council, Tuesday, 2nd December 2008 at the next meeting of the Cabinet of the City on 27th November 2008 .

Questions from Councillor Ashley Fox to Councillor Rosalie Walker, Cabinet Member for Culture and Healthy Communities.

Q1. Does the Cabinet Member agree with me that the Council should always consult with local residents before agreeing to the sale or lease of precious green space?

Q2 Does the Cabinet Member agree with me that the Council's recent sale of parts of the embankment of the Bristol-Bath Railway Path threatens to damage the character of one of the country's finest cycling routes in an Authority now designated a "Cycling City"?

Q3 Does the Cabinet Member agree with me that the apparent informal and unrecorded manner in which this property sale was transacted could leave the Council open to accusations of impropriety or favouritism?

Questions from Councillor Ashley Fox to Councillor John Bees, Cabinet Member for Transformation & Resources

Q1. Does the Cabinet Member agree with me that all decisions and meetings relating to the sale or disposal of land held by the Council should be open, properly recorded and fully transparent?

Q2 Does the Cabinet Member agree with me that the apparent manner in which the recent sale of parts of the embankment of the Bristol-Bath Railway Path was transacted warrants further investigation?

Q3. Does the Cabinet Member agree with me that it is important to ascertain the reason for conducting aspects of this transaction without a formal record or minutes taken at key meetings held?

Q4. Will the Cabinet Member undertake to remind all Officers engaged in the disposal of Council-owned assets of the importance of the principle of Integrity (within the Code of Conduct for Employees) that "holders of public office must not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties"?

Developing...

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