Decisions

Reason for Decision

To conserve the public amenity of specific parts of the Dorchester Conservation Area, by preventing loss of further features which contribute to the character of the conservation area.

Alternative Options considered and Rejected

1. Not to make an Article 4 Direction - this is likely to lead to further loss of walls, gates and other means of enclosure which contribute to the character of the conservation area.

2. Not to make an immediate Article 4 Direction.  This would result in raising the profile of the issue, and there would be a much longer time during which walls, gates and boundary features could be removed through permitted development rights.

To approve the making of an Article 4 Direction for specific parts of the Dorchester Conservation Area as drafted in the original report. 

Reason for Decision

a) The Sutton Poyntz Neighbourhood Plan 2016 - 2031 as modified can proceed to referendum.

b) A recommendation to 'make' the Sutton Poyntz Neighbourhood Plan 2016 - 2031 be made to a Cabinet meeting after the referendum if the result of the referendum is in support of making the plan and there are no other issues identified that would go against such a decision.

Reason for Decision

To progress the Bridport Neighbourhood Plan to referendum so that pending a favourable vote, the plan can be 'made'

Alternative Options considered and rejected

The Council can decide not to follow the recommendations of the Examiner, but it must set out its reasons for doing so.

The Council has agreed to accept all of the Examiner’s recommendations made within her report but with the exception of two modifications to Policy H3. These modifications are with the agreement of the Joint Councils Committee (JCC).

Policy H3 has been re-titled ‘Affordable Housing Exceptions Sites’ rather than ‘Rural Exceptions Sites and Entry Level Exception sites’.

1. The title and policy text of Policy H3 has been modified to remove reference to ‘Rural Exception Sites’ to ensures Policy H3 remains in general conformity with the strategic polices of the Adopted West Dorset, Weymouth & Portland Local Plan 2015; Policy HOUS2: Affordable Housing Exception Sites.
2. The title and policy text of Policy H3 has also been modified to remove reference to ‘Entry Level Exception Sites’ to ensure Policy H3 has regard to National Policy and advice. NPPF, Paragraph 71 (b), footnote 34 clarifies that Entry-level exception sites should not be permitted in Areas of Outstanding Natural Beauty (AONB), such as the Bridport Area. 

a) The Bridport Area Neighbourhood Plan 2020 - 2036 as modified can proceed to referendum

b) A recommendation to 'make' the Bridport Area Neighbourhood Plan 2020 - 2036 be made to a Cabinet meeting after the referendum if the result of the referendum is in support of making the plan and there are no other issues identified that would go against such a decision.

Reasons for Decisions:

 The available evidence shows, on balance, that the proposed right of way B - B1 - C subsists as a through route, i.e. Footpath 22, Wimborne St Giles exists as a through route to the Cranborne parish boundary at Bowldish Pond, and should be shown on the definitive map;

 The available evidence does not, on balance, show that the proposed right of way to the north and south of Footpath 22 subsists or is reasonably alleged to subsist. 

 The evidence shows, on balance, that the route B – B1 – C should be recorded as a footpath as described. Accordingly, in the absence of objections the Council can itself confirm the Order without submission to the Planning Inspectorate.

Decisions on definitive map modification orders ensure that changes to the network of public rights of way comply with the legal requirements. 

Alternative options considered and rejected:

None

That:

a)    An order be made to modify the definitive map of rights of way to record an extension of Footpath 22, Wimborne St Giles as shown B – B1 – C on Drawing 17/08/1;

b)    The section of the proposed route from A – B and from C – C1 – D – E – E1 – F as shown on Drawing 7/08/1 is not recorded on the definitive map and statement;

c)    If the Order is unopposed, or if all objections are withdrawn, it be confirmed by the Council.

Reasons for Decisions:

     The available evidence shows, on balance, that  the claimed right of way is reasonably alleged to subsist;

     There is a conflict in evidence. The publication of the Order will provide a further opportunity for additional evidence to be submitted and considered against the legal test for confirmation;

     If the evidence shows, on balance, that the route should be recorded as a footpath, and there are no outstanding objections, the Council can itself confirm the Order without submission to the Planning Inspectorate.

Decisions on applications for definitive map modification orders ensure that changes to the network of public rights of way comply with the legal requirements.

Alternative options considered and rejected:

 None

That

a)        The application be accepted and an order made to modify the definitive map and statement of rights of way by adding a footpath from Point A to Point G as shown on Drawing14/28/1; 

b)        Evidence received following publication of the order be considered prior to confirmation;

c)         If the legal test for confirmation is met and the Order is unopposed, or if all objections are withdrawn, it be confirmed by the Council.

Reason for Decision

To conserve the public amenity of specific parts of the Dorchester Conservation Area, by preventing loss of further features which contribute to the character of the conservation area.

Other Options considered

1. Not to make an Article 4 Direction - this is likely to lead to further loss of walls, gates and other means of enclosure which contribute to the amenity of the area.

2. No to make an immediate Article 4 Direction - this would result in raising the profile of the issue, and there would be a much longer time during which walls, gates and boundary features could be removed through permitted development rights.

To approve the making of an Article 4 Direction for specific parts of the Dorchester Conservation Area as drafted in the original report.  The report can be viewed at http://do-modgov.wdwp.local/documents/g4281/Public%20reports%20pack%2019th-Nov-2019%2014.00%20Dorset%20Council%20-%20Northern%20Area%20Planning%20Committee.pdf?T=10

or can be requested from Democratic Services.

Reason(s) for Decisions:

A footpath order was made on 11 June 2019 to stop-up and divert parts of footpaths 8 and 9 in Wimborne Minster. This followed the grant of planning permission for development of land adjacent to St. Julians Road and Cowgrove Road and the River Stour.

Following publication of the footpath order representations were received objecting to the stopping-up and diversion. In response to the objections received, officers have agreed under delegated powers to withdraw the 11 June 2019 order and make a new order proposing an amended route.

The amended route takes into account some of the reasons for the objections, particularly concerns that (under the 11 June order) users would have been required to walk about 200 meters along Cowgrove Road in order to gain access to the proposed alternative footpath. The new order is illustrated on the attached map, and would not require users to make a diversion along Cowgrove Road. The new order also includes an additional, relatively minor change, to provide for a more direct route to the proposed riverside footpath from Old Road.

Decision Maker (Name and Title):

Anna Lee, Service Manager for Development Management and Enforcement

Alternative options considered and rejected:

No alternative options considered.

Decision:

1. Dorset Council withdraws the order made on 11^th June 2019 under section 257 of the Town and Country Planning Act 1990 to stop-up and divert parts of footpaths 8 and 9, Wimborne Minster.

2. Dorset Council makes a new order under section 257 of the Town and Country Planning Act 1990 to stop-up and divert parts of footpaths 8 and 9, Wimborne Minster, as shown on the attached plan.

3. The Definitive Map and Statement is modified by the order under section 53A (2) of the Wildlife and Countryside Act 1981, and the Definitive Statement modified as described in Part 3 of the Schedule to the order.

3. In the event that objections are received to the order that cannot be resolved, it is submitted to the Planning Inspectorate for determination.

This decision has been taken under delegated powers by a nominated officer identified in the Development Management local scheme of nomination. The text of the nomination is as follows: All matters relating to the management of the Commons Register and the Definitive Map and Statement of Public Rights of Way under the provisions of the following Acts: National Parks & Access to the Countryside Act 1949, Highways Act 1980, Wildlife and Countryside Act 1981 Town and Country Planning Act 1990 Commons Act 2006.