Decisions

To direct award contracts for the provision of Asymptomatic Community Testing in accordance with the Council’s Scheme of Delegation item 32 for Chief Executive to take all actions considered necessary under extreme emergency and Public Contract Regulations 2015 (PCR15) 32 “Use of negotiated procedure without prior publication”, where a state of an urgency (emergency) can be substantiated by the contracting authority.

 

Cllr. Spencer Flower (Leader) and Cllr. Laura Miller have been consulted (by email).

 

Decision related to the following address: The Brunswick, 9 Brunswick Terrace, Weymouth, DT4 7RW.

 

1.    As the freeholder/landlord, Dorset Council agrees a variation to the Lease so that the tenant undertakes external repairs.  This replaces the previous arrangement that the landlord undertakes works and invoices the tenant after completion.

 

2.    The Licence for Alterations is to confirm Dorset Council’s agreement to the tenant making internal alterations to improve the internal layout to the rear part of the property, for which the tenant has obtained planning permission and building regulations consent.

 

To lease Flat 23, Swallow Court, 77 Abbotsbury Road, Weymouth, DT4 0AQ under the direct leasing scheme for homeless households.

 

Subject Matter

Purchase of a long-term empty property to provide affordable housing.

 

Reason for the Decision

To bring a long-term empty property back into use and create 5 units of temporary accommodation with on-site support.

 

Alternative Options considered and rejected

Take no action – without Council intervention it is very likely that the property will remain empty for the foreseeable future. The Council has a high demand for temporary accommodation in this area.

 

Purchase the property and ‘back to back’ private sale - The Council has a high demand for temporary accommodation and ‘West View’ represents an ideal opportunity to meet such demand.

 

Compulsory Purchase – the current owner has agreed to sell the property to the Council and therefore acquiring the property using Compulsory Purchase powers is not appropriate.

 

Empty Dwelling Management Order – this would require the Council to renovate the property, allocate tenants and manage the building for 7 years and then ‘hand it back’ to the current owner. As such this option does not offer long term value for money for the Council.

 

Consultees

Assets and Property

Housing Services

Spatial and Community Policy Service

Homes England

Sovereign Housing

Home Group

 

Budget Implications

It is estimated that the buildings ‘Existing Use Value – Social Housing’ is in the region of £250,000.

 

It is proposed that the unapproved capital pot 2020/21 ‘to bring a long-term empty property back into use’ is used to purchase the property, with renovation costs being funded from the 2021/22 unapproved capital pot, should no other funding sources be available at that time.

 

Renovation and improvement costs to make the property decent and safe are estimated to be in the region of £50-60,000 subject to detailed inspection.

 

Legal Implications – None

Any conflict of interest? – None

The Portfolio Holder for Housing delegates to the Corporate Director for Housing to take all necessary steps to purchase and renovate the property known as West View, 8, The Plocks, Blandford Forum, Dorset, DT11 7AA using the unapproved capital pot 2020/21 and 2021/22.

That:

 

(a)  The proposed diversion of Footpath 7, Folke be accepted and an order made;

 

(b)  The Order include provisions to modify the definitive map and statement to record the changes made as a consequence of the diversion; and

 

(c)  If the Order is unopposed, it be confirmed by the Council

 

(Decisions taken is detailed within the Scheme of Delegation in the Council’s Constitution.)

Reason for the Decision

 

To progress the Chickerell Town Neighbourhood Plan to referendum so that pending a favourable vote, the plan can be ‘made’.

Please note: current Regulations linked to the Coronavirus Act 2020 mean that neighbourhood plan referendums cannot take place until 6 May 2021. However, the Government’s Planning Practice Guidance has been updated and sets out that neighbourhood plans that have been subject to a decision statement, stating that they can proceed to referendum, can be given significant weight in decision-making

 

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. In this case, it is considered that there are no valid reasons for not following the Examiner’s recommendations.

 

Consultees

 

The plan has been subject to a large amount of public consultation as it has been progressed. This includes two formal rounds of consultation, both lasting six weeks (as required by legislation).

 

Budget Implications

 

Once a referendum date has been set, the Council becomes eligible for a grant of £20,000. This grant isintended to cover the costs associated with the Council’s input into the production of the neighbourhood plan including the examination and referendum. The grant of £20,000 will be sufficient to cover the costs associated with the examination and referendum.

 

Legal Implications

 

A legal challenge could theoretically be made against a decision to proceed to referendum.  Such a challenge could be made on the basis that the neighbourhood plan, as modified, does not meet the basic conditions, is not compatible with the Convention rights or because it does not comply with the definition of a neighbourhood development plan.  However, the independent Examiner has considered these matters in light of all of the objections that have been made to the plan.  Given the evidence before them, officers consider that there is no basis for reaching a different view to the Examiner.

 

Decision

 

a)    The Chickerell Town Neighbourhood Plan 2019 - 2036, as modified (please see Appendix B), can proceed to referendum.

b)    A recommendation to ‘make’ the Chickerell Town Neighbourhood Plan 2019 - 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.

 

The appointment of an independent examiner for the examination of the Wareham neighbourhood development plan.

 

The B & B Hotel, 68 The Esplanade. To finalise the rent review and agree the assignment of the 60 year lease in accordance with the existing lease requirement.

Reason for the Decision

 

To progress the Shaftesbury Neighbourhood Plan to

referendum so that pending a favourable vote the plan can

be ‘made’.

 

Please note: current Regulations linked to the Coronavirus

Act 2020 mean that neighbourhood plan referendums

cannot take place until 6 May 2021. However, the

Government’s Planning Practice Guidance has been

updated and sets out that neighbourhood plans that have

been subject to a decision statement, stating that they can

proceed to referendum, can be given significant weight in

decision-making.

 

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.

In this case, it is considered that there are no valid reasons

for not following the Examiner’s recommendations.

 

Consultees

 

The plan has been subject to a large amount of public

consultation as it has been progressed. This includes two

formal rounds of consultation, both lasting six weeks (as

required by legislation).

 

Budget Implications

 

Once a referendum date has been set, the Council becomes

eligible for a grant of £20,000. This grant is intended to

cover the costs associated with the Council’s input into the

production of the neighbourhood plan including the

examination and referendum. The grant of £20,000 will be

sufficient to cover the costs associated with the examination

and referendum.

 

Legal Implications

 

A legal challenge could theoretically be made against a

decision to proceed to referendum. Such a challenge could

be made on the basis that the neighbourhood plan, as

modified, does not meet the basic conditions, is not

compatible with the Convention rights or because it does not

comply with the definition of a neighbourhood development

plan. However, the independent Examiner has considered

these matters in light of all of the objections that have been

made to the plan. Given the evidence before them, officers

consider that there is no basis for reaching a different view

to the Examiner.

a)The Shaftesbury Neighbourhood Plan 2019 - 2031,

as modified (please see Appendix B), can proceed to

referendum.

b) A recommendation to ‘make’ the Shaftesbury

Neighbourhood Plan 2019 - 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.

To enter into a S106 agreement linked to planning application 2/2019/0318, land at Haywards Lane, Child Okeford. The S106 agreement secures the following contributions:

 

·       40% affordable housing

·       Community leisure and indoor sports facilities

·       Primary school contribution

·       Secondary school contribution

·       Formal outdoor sports

·       Formal outdoor sports maintenance

·       Informal outdoor space

·       Informal outdoor space maintenance

·       Multi use games area

·       Destination Play maintenance

·       Local Area of Play (LAP)

·       Local Equipped Area of Play (LEAP)

·       Rights of Way contributions/enhancements

·       Allotment contributions

 

 

Planning application reference WD/D/20/001703 at Land Adjacent to Buckland House, Buckland House Lane, Buckland Ripers DT3 4FT was delegated for approval by the Western and Southern Planning Committee on 07/01/2021, subject to additional conditions for the submission of a Biodiversity Plan and disabled access, with the wording of the additional conditions to be agreed with the Chair of Planning Committee.

 

Cllr David Shortell, Chairman of the Western and Southern Area Planning Committee agreed the following conditions on 22/01/2021:

 

Within 3 months of the date of this planning permission a biodiversity mitigation and enhancement plan (BMEP) addressing the impact of the development on biodiversity and in particular the impacts of lighting on small mammals, shall be submitted to and approved in writing by the Local Planning Authority. The BMEP shall be implemented in full within 1 month of the approval of the BMEP and the approved measures shall thereafter be permanently maintained and retained.

 

REASON: In the interests of biodiversity.

 

Within 3 months of the date this planning permission a scheme to provide disabled access to the showers/toilet facilities and a toilet and shower for disabled users shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full within 1 month of its approval and shall thereafter be retained.

 

REASON: In the interests of equality and the adequate provision of and access to facilities for all.

 

As the above conditions have been agreed, the decision can now be issued in accordance with the committee’s resolution.