Decisions

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.

Decisions published

27/11/2019 - The Sutton Poyntz Neighbourhood Plan 2016 - 2031 - Independent Examiner's Report and Progress to Referendum ref: 224    Recommendations Approved

Reason for Decision

To progress the Sutton Poyntz 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.  In this case, it is considered that there are no valid reasons for not following the Examiner's recommendations.

 

 

 

 

 

Decision Maker: Portfolio Holder for Planning

Decision published: 02/12/2019

Effective from: 27/11/2019

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.

Wards affected: Littlemoor and Preston;

Lead officer: Mike Garrity


27/11/2019 - The Bridport Area Neighbourhood Plan 2020 - 2036 - Independent Examiner's Report and Progress to Referendum ref: 223    Recommendations Approved

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.

Decision Maker: Portfolio Holder for Planning

Decision published: 02/12/2019

Effective from: 27/11/2019

Decision:

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.

Wards affected: Bridport;

Lead officer: Mike Garrity


17/10/2019 - Proposed definitive map and statement modification order to reinstate part of Footpath 22 and add a restricted byway, in the Parish of Wimborne St Giles ref: 222    Recommendations Approved

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

 

 

Decision Maker: Officer Delegated Decision

Decision published: 02/12/2019

Effective from: 17/10/2019

Decision:

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.

Wards affected: Cranborne and Alderholt;

Lead officer: Vanessa Penny


04/10/2019 - Application for a definitive map and statement modification order to add a footpath from Coldharbour Road to Footpath 21, Chickerell ref: 220    Recommendations Approved

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

 

 

Decision Maker: Officer Delegated Decision

Decision published: 02/12/2019

Effective from: 04/10/2019

Decision:

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.

Wards affected: Chickerell;

Lead officer: Vanessa Penny


25/11/2019 - Making of an Article 4 Direction for specific parts of the Dorchester Conservation Area ref: 219    Recommendations Approved

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.

Decision Maker: Portfolio Holder for Planning

Decision published: 27/11/2019

Effective from: 25/11/2019

Decision:

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.

Wards affected: Dorchester East; Dorchester Poundbury; Dorchester West;

Lead officer: Alison Turnock


01/11/2019 - Public Path Order and Definitive Map and Statement Modification Order Town and Country Planning Act 1990, Section 257 and Paragraph 1 Of Schedule 14 Wildlife and Countryside Act 1981 Section 53a (2) Parts of Footpaths ref: 218    Recommendations Approved

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 Maker: Officer Delegated Decision

Decision published: 25/11/2019

Effective from: 01/11/2019

Decision:

Decision:

 

1. Dorset Council withdraws the order made on 11th 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.

Lead officer: Anna Lee