Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the council’s decision making bodies.
Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by council officers.
Decision Maker: Cabinet
Made at meeting: 03/09/2019 - Cabinet
Decision published: 03/09/2019
Effective from: 03/09/2019
Decision:
Decision
Defer
Reason for the Decision
To allow further detailed
consideration and investigation on this important matter prior to a formal
decision being made by Cabinet.
Wards affected: (All Wards);
Lead officer: Aidan Dunn
Decision Maker: Cabinet
Made at meeting: 03/09/2019 - Cabinet
Decision published: 03/09/2019
Effective from: 03/09/2019
Decision:
Decision
That the procurement and
award of a Dorset Highways Contractor Resource (Labour Top-Up) Framework
(re-procurement exercise) be approved.
Reason for
the Decision
Cabinet is required to approve all key decisions
with a financial consequence of £500k or more, and procurements over £5m are
subject to individual reports (Cabinet 04-06-19 refers).
The technical summary for reasons for the
recommendation is as follows:
·
The pre-agreed rates and contract conditions allows Dorset Highways to
respond to changing demands / circumstances quickly and efficiently.
·
The quick procured method - call off, is far quicker than the
traditional quote, tender and mini-competition methods of procurement. This
reduces administration and back office costs
·
The multi supplier lots provide resilience if the preferred supplier
cannot fulfil the call-off
·
The multi supplier lots provide technical expertise in a variety of
specialist areas
·
The multi-supplier framework has worked for the last eight years.
·
The organisation risk is LOW
Wards affected: (All Wards);
Lead officer: Dawn Adams
Decision Maker: Cabinet
Made at meeting: 03/09/2019 - Cabinet
Decision published: 03/09/2019
Effective from: 03/09/2019
Decision:
Decision
That the discretionary rate
relief policy, as set out at Appendix 3 of the report of 3 September 2019, be
adopted.
Reason for the Decision
To
ensure that a consistent approach is taken in relation to the award of
discretionary rates relief.
Wards affected: (All Wards);
Lead officer: Stuart Dawson
Decision Maker: Cabinet
Made at meeting: 03/09/2019 - Cabinet
Decision published: 03/09/2019
Effective from: 03/09/2019
Decision:
Decision
(i) That
the Executive Director for People (Children) takes action, as outlined in the
report to Cabinet of 3 September 2019, to increase the sufficiency of
residential care for children in Dorset.
(ii) Once options
have been identified, the lead cabinet member for Children, Education and Early
Help, in consultation with cabinet colleagues and corporate parenting board, be
delegated powers to approve preferred sites.
(iii) That
consultation takes place with local residents and stakeholders about preferred
sites.
Reason for Decision
For
Dorset Council to make the best use of resources and securing the best
outcomes, for children in care who require residential care.
Wards affected: (All Wards);
Lead officer: Sarah Parker
Decision Maker: Cabinet
Made at meeting: 03/09/2019 - Cabinet
Decision published: 03/09/2019
Effective from: 03/09/2019
Decision:
Decision
(i) That
the Executive Director for People (Children) will develop a strategy and
detailed roadmap to reduce the number of children in care, taking a
rights-based approach, which develops services to support children to be able to
grow up in a family setting.
(ii) That
a further report be present to Cabinet in December 2019.
Reason for the Decision: The reduction of the number
of children in care in Dorset would:-
1. Promote
the rights of children
2. Improve
the outcomes for children
3. Enable
services to be sustainable
Wards affected: (All Wards);
Lead officer: Mary Taylor
Decision Maker: Cabinet
Made at meeting: 03/09/2019 - Cabinet
Decision published: 03/09/2019
Effective from: 03/09/2019
Decision:
Decision
(i) That
authority be delegated to the lead member for Economic Growth & Skills in
consultation with the lead member of Corporate Development & Change and the
Executive Directors for Place and Corporate Development to approve Change Control(s)
under the Superfast Dorset Phase 3 Ultrafast contract to incorporate funding
derived from the DEFRA Rural Broadband Infrastructure grant award, released
from in life contractual changes and from current programme underspends into
the existing contract, to the contracted maximum public funding contribution of
£8.9m
(ii) Note
that the Change Control process requires that the proposal(s) from BT (Openreach) described above would be subject to central
government assurance (Building Digital UK and Rural Payments Agency for DEFRA)
and Dorset Council’s own assurance (to include Superfast Dorset, Finance and
Legal consultation) prior to seeking to enter into contract.
(iii) Notes
that the values presented within the report to Cabinet on 3 September 2019 were
subject to finalisation within the contractual limits specified under
recommendation (i) above.
Reason for
the Decision
To further the Council’s
corporate plan focus on Enabling Economic Growth through maximising the level of
external funding drawn into Dorset to extend the provision of superfast
broadband services to rural areas.
Central
government commissioned research suggests that a £1 investment in NGA broadband
returns a £20 increase in GVA for the local economy.
Wards affected: (All Wards);
Lead officer: Aidan Dunn
Reason
for Decision
To
correct an error
Alternative
Options considered and rejected:
None
Decision Maker: Officer Delegated Decision
Decision published: 03/09/2019
Effective from: 03/09/2019
Decision:
To enter into a Deed of Rectification to correct a Deed of Easement made between WDDC and Mr and Mrs Benneyworth dated 20 July 2018 and enable the correct restriction to be placed on the Council's title to land at Asker Mead, Bridport.
Wards affected: Bridport;
Lead officer: Sarah Cairns
Reason(s)
for Decision
The
surrender will facilitate the building being used by a SEND free school.
Alternative
Options considered and rejected
N/A
Decision Maker: Officer Delegated Decision
Decision published: 02/09/2019
Effective from: 29/08/2019
Decision:
To enter into an agreement for a deed of surrender to end the lease of the academy school at Osprey Quay, Portland. The agreement is subject to the consent of the Secretary of State.
Wards affected: Portland;
Lead officer: John Sellgren
Reason(s)
for Decision
The
appointment of an independent examiner is a legal requirement of the Town and
Country Planning Act 1990 as amended by Localism Act 2011 once a neighbourhood
plan has been submitted to the Council.
Alternative
Options considered and rejected
There
are no alternative options as the appointment of an independent examiner is a
legal requirement.
Decision Maker: Officer Delegated Decision
Decision published: 02/09/2019
Effective from: 27/08/2019
Decision:
The appointment of an independent examiner for the examination of the Upper Marshwood Vale Area neighbourhood development plan.
Wards affected: Marshwood Vale;
Lead officer: Hilary Jordan
Reason
for Decision
To
allow public views to be taken into consideration when the matter is formally
considered by the council
Option(s)
considered
Other
council services have already vacated the premises. It has taken significant
time to identify suitable alternative premises for Registration Services and it
is unlikely that there is any reasonable alternative available
Decision Maker: Portfolio Holder for Culture and Communities
Decision published: 27/08/2019
Effective from: 19/08/2019
Decision:
Launch of a consultation on a proposal to relocate Weymouth Registry Office from 45 Dorchester Road, Weymouth to Weymouth Library & Weymouth Town Council Offices
Wards affected: (All Wards);
Reason(s)
for Decision
Since
the Cabinet decision to grant a lease for a free school for pupils with special
educational needs and disabilities to DET, MHCLG’s position is that it must be
the tenant because it is constructing the school and the project is at risk
until planning permission is granted.
MHCLG intends to assign the lease to DET once the buildings are
developed.
Option(s)
considered
N/A
Decision Maker: Officer Delegated Decision
Decision published: 27/08/2019
Effective from: 26/07/2019
Decision:
To change the
proposed tenant from Delta Educational Trust (DET) to Department of Housing
Communities and Local Government (MHCLG) – decision date 26 July 2019
Wards affected: West Purbeck;
Lead officer: John Sellgren
Reason(s)
for Decision
To
provide evidence that the provisions of clause 4.14 of the Supplemental s.106
Agreement dated 16th June 2005 no longer apply to the property so
that it can be sold by the current owner
Other
Option(s) considered
None
Decision Maker: Officer Delegated Decision
Decision published: 27/08/2019
Effective from: 09/08/2019
Decision:
To provide a
certificate providing evidence that the provisions of clause 4.14 of the
Supplemental s.106 Agreement dated 16th June 2005 (the Agreement) no
longer apply to 21 Kingfisher Avenue Gillingham and that the Council would not
seek to enforce those provisions in the future.
This was required
as the property had already been released from those provisions in 2015 but
neither the Council nor the solicitors for the parties involved had retained a
copy of the decision
The decision was by
John Sellgren, the Executive Director of Place who, by virtue of Delegation
152(c) of the Officer Scheme of Delegation of the Constitution, has the power:
Wards affected: Gillingham;
Lead officer: John Sellgren
Reason(s)
for Decision
Neighbourhood Area designation
Dorset Council has received a neighbourhood plan
area application from Arne Parish Council (Purbeck area).
Neighbourhood Planning (General) and Development
Management Procedure (Amendment) Regulations 2016, Regulation 5A states that
where:
a)
a
local planning authority receives an area application from a parish council;
b)
the
area specified in the application consists of the whole of the parish council’s
area; and
c)
if
any part of the specified area is part of a neighbourhood
plan area, none of that neighbourhood area extends
outside the parish council’s area;
the local planning authority must exercise their
powers under section 61G of the 1990 Act to designate the specified area as a
neighbourhood plan area.
Regulation 5A also states that where
this regulation applies, regulations 6 and 6A (which require consultation) do
not apply.
These provisions are summarised
in Paragraph 032 (Reference ID: 41-032-20170728) of the neighbourhood
planning section of the national Planning Practice Guidance (PPG). This states:
“Where a parish
council applies for the whole of the area of the parish to be designated as a neighbourhood area, the local planning authority must
designate the whole of the area applied for. This includes where a parish applies
to extend its existing neighbourhood area to its
parish boundary. Exceptions to this are where the area applied for:
·
has already been designated
as a neighbourhood area which extends beyond the
parish boundary; or
·
forms part of another
application that has not yet been determined.”
Other provisions in the 2016 Regulations
also indicate that in the circumstances outlined above, there is no requirement
for a local planning authority to consult on the proposed neighbourhood
plan area. However, the responsibility for designation still rests with the
Council.
Arne Parish Council propose to
re-designate land, along Parish Council Boundaries, as a neighbourhood
area to address an existing overlap between the designated area of Arne and
Wareham. The proposed designated area will not extend beyond Arne Parish
boundaries or overlap with other designated neighbourhood
areas. Under the 2016 Regulations there
is, therefore, no requirement to consult on the application and the Council “must designate the whole of the area
applied for”.
Scheme of delegation
Under the officer scheme of delegation (April
2019), the Executive Director of Place has the power to “make a final
determination as to whether to designate a neighbourhood plan area and/or make
such an area a business area”.
The
Local Scheme of Nomination sets out which functions have been nominated by the
Executive Director of Place and any conditions or limitations. This includes
the power “to designate neighbourhood plan areas (where the Council must exercise
its powers to designate the specified area applied for as a neighbourhood plan
area) and neighbourhood forums”. The only condition / limitation is that the
“Ward members and the relevant Portfolio Holder being informed”.
Options
considered
As
a valid application has been received from Arne Parish Council the Council must
designate a neighbourhood area.
Business Area
Section 61H of the Town and Country
Planning Act 1990, as amended by the Localism Act 2011, requires that when
designating a neighbourhood area, a local planning
authority should consider whether the area concerned should be designated as a
business area. If a business area is designated, local businesses would have
the opportunity to be more involved in the formation of the neighbourhood
plan and would get an opportunity to vote (alongside registered electors) in
the later referendum on whether the neighbourhood
plan should come into force. However, this section of the Act also makes it
clear that a neighbourhood area should only be
designated as a business area if it is “wholly or predominantly business in
nature”.
Since
Arne Parish is largely rural in nature, it is not considered appropriate to
designate the neighbourhood area as a business area.
Decision Maker: Officer Delegated Decision
Decision published: 27/08/2019
Effective from: 19/07/2019
Decision:
That
the neighbourhood plan area following the parish boundaries of Arne be designated.
Scheme of
delegation (April 2019) delegation No 138, additional delegations to the Executive Director, Place.
Wards affected: Wareham;
Lead officer: Hilary Jordan