Meeting documents

To confirm the minutes of the meeting held on 5 June 2018 (previously circulated).

The minutes of the meeting held on 5 June 2018 were received as a correct record and signed by the Chair.

Members are required to comply with the requirements of the Localism Act 2011 and the Council’s Code of Conduct regarding disclosable pecuniary and other interests.

·         Check if there is an item of business on this agenda in which the member or other relevant person has a disclosable pecuniary or the disclosable interest.

·         Check that the interest has been notified to the Monitoring Officer (in writing) and entred in the Register (if not this must be done within 28 days).

·         Disclose the interest at the meeting (in accordance with the Council’s Code of Conduct) and in the absence of dispensation to speck and/or vote, withdraw from any consideration of the item where appropriate.  If the interest is non-pecuniary you may be able to stay in the room, take part and vote.

Cllr K Wheller declared a non-pecuniary interest in respect of item 9 on the agenda as she once was the Chairman of Weymouth Community Volunteers and she continued to have a close relationship with the group. 

30 minutes will be set aside to allow members of the public to ask questions relating to the work of the Council.  3 minutes will be allowed per speaker. The order of speakers is at the discretion of the Chair and is normally taken in the order of agenda items, questions must relate to a report which is on the agenda for consideration.  Notice is not required if you wish to speak at the meeting but if you require an answer to a question it is asdvisable to submit this in advance by contacting a member of the Democratic Services team or alternatively, by emailing kcritchel@dorset.gov.uk.

There were a number of members of the public in attendance to address the committee regarding concerns on the Local Plan Preferred Options report. The Brief Holder for Environment and Sustainability advised that the local plan document was still in the informal consultation phase. This consultation document would need to be approved by Full Council before it was released from public consultation between August and October 2018.

Mr D Berry advised the committee that he supported the Policy Development Committee’s recommendation not to include WEY 15 (Redlands Farm) within the local plan document. He referred to the on-going petition to save the farm site and the number of signatures it had received. Mr Berry also referred to the importance of maintaining the green open gap, retaining the hedgerows for the local wildlife and safeguarding local amenities.  He asked the committee to support the removal of WEY 15 prior to the document going out to consultation.

Mr M Jackson advised members that he was speaking on behalf of a number of concerned residents in the area of the proposed site WEY 14, Wyke Oliver Farm.  He referred to resident evidence that showed that the area was totally unsuitable for development due to the clay soil, risk of flooding and subsidence.  He asked the committee to ensure that the planning department had carried out due diligences prior to considering this site.  He asked the committee to remove WEY 14 from the planning document.

Mr H Burden also requested for the removal of WEY 14 from the Local Planning Review document on the grounds of the known impact of ground movement in the area.

Mr G Barrow informed the committee that the area of Budmouth Avenue area was a known risk of flooding as a number of springs in the area effected pathways and roads in the springtime. The local fields were often wet underfoot and the committee should consider this area with caution.  He suggested that there was clear evidence of ground movement and asked that the committee  ensure that the planning department had carried out due diligences prior to considering this site.  He suggested that WEY 14 was suitable for development.

Mr D Cocks addressed the committee requesting for the removal of area WEY 14 from Local Planning Review due to concern over the impact of additional traffic in the area. A number of residents would be affected and Pinemore Close was inappropriate for access as it was too narrow. He asked the planning department to consider the site in more detail, beyond a paper exercise and he was sure they would conclude that it was unsuitable for development.

Mr D Hebditch addressed the committee on behalf of the owners of Redland Farm (Wey 15) which had been discussed in detail at Policy Development Committee.  He advised that his client had not been able to comment at that meeting and that the Policy Development Committee had been misinformed. He advised members that the tenant of the farm was on a short  ...  view the full minutes text for item 19.

To receive questions from Councillors in accordance with procedure rule 12.

Cllr P Nixon, Ward Councillor for Wey Valley addressed the committee regarding the recommendation of Policy Development Committee proposing that WEY 15 be removed from the plan document.  She advised members that she supported this proposal.

Cllr Ferrari addressed the committee as the Dorset County Council representative covering the area of Wyke Oliver Farm. He supported the comments made by local residents and expressed concern regarding visual impact of the AONB, if this proposal went ahead. He also suggested that the access difficulties had been recognised by officers and a new access route had been proposed.  He too supported the removal of WEY15 from the plan.

To consider a report of the Corporate Manager, Planning (Community & Policy Development).

Recommendation to Full Council

(a)       That the West Dorset, Weymouth & Portland Local Plan Review: Preferred Options document be approved for the purpose of public consultation;

(b)       That authority be delegated to the Corporate Manager, Planning (Community & Policy Development), in consultation with the Brief Holder, to make any further minor textual changes as necessary prior to the consultation start date.

The Brief holder for Environment and Sustainability set out the report proposing to take forward the West Dorset, Weymouth & Portland Local Plan review "Preferred Options" document to public consultation. He advised that he was happy to support the document going out to consultation unchanged in order that public opinion could be sought on the proposals

The Strategic Director confirmed that the proposal was for recommendation to Full Council and if agreed the public consultation would take place for eight weeks from August to October.  He also advised that Policy Development Committee had recommended that WEY 15 Redland Farm be removed from the Local Plan "Preferred Options" document.

The results of the consultation would shape the final version of the plan that would be submitted for examination.

In discussing the public concerns raised and in response to a question regarding removing the site WEY 15, most members considered that it was important not to circumvent the public consultation process regarding these sites. The Chair noted that members had heard some very powerful arguments from the public against the proposed sites and it would be for Full Council to decide on the consultation document.

Cllr G Taylor also agreed that the potential sites should remain within the document and asked the public present to consider, if not these sites for development, where could the council develop and create homes for future generations?

The Chair took the opportunity to thank the public for their comments and attendance at the meeting.

Recommendation to Full Council 

(a)       That the West Dorset, Weymouth & Portland Local Plan Review: Preferred Options document be approved for the purpose of public consultation;

(b)       That authority be delegated to the Corporate Manager, Planning (Community & Policy Development), in consultation with the Brief Holder, to make any further minor textual changes as necessary prior to the consultation start date.

To consider a report of the Community Planning & Development Manager.

Decision

(a)       That the Dorset Shared Equality Objectives for 2018-19 at Appendix 1 be approved;

(b)       That the Dorset Council Partnership Equality Objectives for 2018-19 at Appendix 2 be approved.

The Brief holder for Social Inclusion presented a report on the adoption of Dorset Shared Equality Objectives and the Dorset Councils Partnership (DCP) Equality Objectives for 2018-19.  Members were advised that the aim of the objectives was to ensure that the partnership complied with the Equality Act 2010 and reduce potential risk to the council. It was also important that the Council understood the impact that services could have on their citizens with particular regard to people’s protected characteristics  and minimise any negative impacts wherever possible to promote access to services for all.

It was proposed by Cllr J Orrell seconded by Cllr K Wheller

Decision

(a)       That the Dorset Shared Equality Objectives for 2018-19 at Appendix 1 of the report, be approved;

(b)       That the Dorset Council Partnership Equality Objectives for 2018-19 at Appendix 2 of the report, be approved.

To receive a report of the Interim Head of Assets and Infrastructure.

Decision

(a)       To approve the preferred solution for enhanced central seafront facilities (option 4) and to investigate further option 6, with additional capital funding if required, to enable the retention of a letting unit. To require officers to come back to Management Committee with a detailed report on option 6;

(b)       To not the progress made with introducing a community toilet scheme and approve the introduction of such;

(c)       That the progress made with introducing charging for facilities be noted;

(d)       That the allocation an additional £80,000 capital funding to install modular units at Greenhill and the Pier Bandstand, subject to confirmation from Section 151 Officer that the funding is available to Management Committee, be agreed.

The Brief holder for Community Facilities set out an information report updating the committee on the progress to date on bringing the seafront toilets to an improved standard including the design of enhanced facilities in the central seafront area. However, Cllr Wheller suggested that the committee approve to move forward  with the future works now, which included Lodmoor, a full refurbishment of Greenhill and a modular unit at the Pier Bandstand.  She further suggested that facility sites at Alexandra Gardens had also been identified to replace the provision on the pavilion forecourt.

At this point of the meeting, the Chair interjected and informed the Brief holder that the committee could not consider her proposal under this report without the appropriate comprehensive information being provided to make a formal decision.

The Chair invited Cllr Taylor to address the committee who proposed the following amendment to recommendations 2.1 and 2.4 of the report. The motion was seconded by Cllr J Orrell.

(i)         To approve the preferred solution for enhanced central seafront facilities (option 4) and to investigate further option 6, with additional capital funding if required, to enable the retention of a letting unit. To require officers to come back to MC with a detailed report on option 6.

(ii)        To agree the allocation an additional £80,000 capital funding to install modular units at Greenhill and the Pier Grandstand, subject to confirmation from section 151 officer that the funding is available to management committee

Cllr K Wheller left the meeting at 10.45am

The Strategic Director advised the committee that the cost of option 6 would need to be fully investigated and this might cause further delay. Upon being put to the vote the motion was carried.

Decision

(a)       To approve the preferred solution for enhanced central seafront facilities (option 4) and to investigate further option 6, with additional capital funding if required, to enable the retention of a letting unit. To require officers to come back to Management Committee with a detailed report on option 6;

(b)       To note the progress made with introducing a community toilet scheme and approve the introduction of such;

(c)       That the progress made with introducing charging for facilities be noted;

(d)       That the allocation of an additional £80,000 capital funding to install modular units at Greenhill and the Pier Bandstand, subject to confirmation from Section 151 Officer that the funding is available to Management Committee, be agreed.

To consider a report of the Head of Revenues and Benefits.

Decision

(a)       That the application received for Council Tax discretionary discount be refused;

(b)       That the application for Discretionary Rate Relief from Weymouth Community Volunteers  be refused;

(c)       That the application for Discretionary Rate Relief from WOW Youth Musical Theatre be awarded up to 31 March 2019;

(d)       That the application for Discretionary Rate Relief from The Marine Society & Sea Cadets be refused;

(e)       That the application for Hardship Relief be refused.  

The Head of Revenues and Benefits presented a report on the application for Council tax discount, 2 applications for Discretionary Rate Relief and an application for Hardship Relief as set out in the appendices to the report.

In deciding to support the application for Discretionary Rate Relief from WOW Youth Musical Theatre, it was noted that it was a small amount requested and the committee were keen to support young people’s activities in borough. All the other applications were refused.

Decision

(a)       That the application received for Council Tax discretionary discount be refused;

(b)       That the application for Discretionary Rate Relief from Weymouth Community Volunteers  be refused;

(c)       That the application for Discretionary Rate Relief from WOW Youth Musical Theatre be awarded up to 31 March 2019;

(d)       That the application for Discretionary Rate Relief from The Marine Society & Sea Cadets be refused;

(e)       That the application for Hardship Relief be refused. 

To consider the Policy Development Committee recommendations of 9 April 2018.

Decision

That no further action be taken.

The Corporate Affairs and Continuous Improvement Brief holder presented a report which set out a recommendation from the Policy Development Committee of 9 April 2018.

The Policy Development Committee had set up a task group to review the policy library and any outstanding policies due for review.  The task group concluded that with the decision to form a Unitary Council in April 2019, the current outstanding policies would sufficiently serve the council for the remainder of its term.  However the Policy Development Committee felt unable to support this recommendation and sought for the Management Committee to assess the remaining outstanding policies in the Policy Library and refer them back to Policy Development Committee for further consideration.

Members acknowledged the work carried out be the task group and noted the recommendation made by the Policy Development Committee.  However following discussion concluded that no further action should be taken at this time.

Decision

That no further action be taken.

To consider a report of the Head of Community Protection.

Decision

That the Management Committee nominates the Community Safety Brief holder to become a member of the Melcombe Regis Board.

The committee considered a report regarding a request from Cllr M Byatt to be nominated by the Council for membership of Melcombe Regis Board.  Currently the Social Inclusion Brief holder Cllr Orrell was a member of the Board as a Dorset County Council representative. The Brief holder for Housing had been the Councils elected member representative since the Board was established.

Cllr G Taylor suggested that first the committee should discuss whether it was considered appropriate to expand the councils representation on the Board.   She stated that it was important that the Council was not over represented or it could be seen as providing all the input as a council led organisation/Board.   The current collaborative approach gave separation and had been successfully used, for example with the support and implementation of the Shelter Bus.

Cllr Taylor also strongly felt that there was already plenty of community safety representation on the Board through the membership of the Police & Crime Commissioner and other Police and council representatives.  However, the Board did need to bolster its economic and employment representation. Therefore Cllr Taylor proposed the following motion.

(i)   That the committee agree to recommend to Melcombe Regis Board that the board be expanded to include a further councillor;

(ii)  If the recommendation is approved that the committee recommend the Brief holder for Economic Development be nominated by the council to become a member of the Board.

Cllr Taylor asked that the each item be voted on separately.  The motion was seconded by Cllr R Nowak.

In speaking to the part (ii) of the motion, Cllr M Byatt reminded the committee that the introduction of the Board had been at the request of the Community Safety Partnership and was arguably most concerned with community safety matters.  He considered that there was a lack of transparency with the boards work and it was essential that all council members were aware of what was happening as it impacted all wards within the Borough. Cllr Byatt continued that as he was not fully informed of matters, he was unable to completely fulfil his duties as the Brief holder for Community Safety without membership of the Board.

The committee voted on (i) and upon being part to the vote the motion was LOST.  Therefore the committee abandoned part (ii) of the motion.

It was proposed by Cllr J Cant seconded by Cllr M Byatt

Decision

That the Management Committee nominate the Community Safety Brief holder to become a member of the Melcombe Regis Board.

To consider the Management Committee Action Plan

The committee received and noted the Management Committee action plan.  Brief holders verbally updated the committee regarding the actions set out within the plan.

To consider the 4 monthly Forward Plan.

The committee noted the Forward Plan and Cllr A Reed suggested that the programme of meetings be reviewed and condensed.  Members supported this proposition.

Members noted that the last minutes of the Dorset Waste Partnership were available to view on the Dorsetforyou website.

To move the exclusion of the press and the public for the following item in view of the likely disclosure of exempt information within the meaning of paragraph     of schedule 12A to the Local Government Act 1972 (as amended)

There are no exempt items

Decision

That under Section 100 (A) (4) of the Local Government Act 1972 the press and public be excluded from the meeting for the business specified in the decison below, because it is likely that there would be a disclosure  of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing that information.

It was proposed by Cllr R Nowak seconded by Cllr J Cant

Decision

That under Section 100 (A) (4) of the Local Government Act 1972 the press and public be excluded from the meeting for the business specified in the minute below, because it is likely that there would be a disclosure  of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing that information.

To consider any items of business which the Chair has had prior notification and considers to be urgent pursuant to section 100B (4) )b) of the Local Government Act 1972. The reason for the urgency shall be specified in the minutes.

Planning Enforcement

Decision

That, pursuant to Section 101(1) of the Local Government Act 1972, authority be delegated from Weymouth and Portland Borough Council to West Dorset District Council to carry out enforcement action, including the service of an enforcement notice under section 172 of the Town and County Planning Act and that any criminal and/or civil proceeding or other action (within the power of the authorised officer) be authorised in respect of any non-compliance with the notice(s) served or action taken in respect of any action authorised above, on the land referred to in this notice.

The Chair reported that there was one item of urgent business to be considered to ensure that an identical notice could be served by West Dorset District Council and Weymouth and Portland Borough Council on all persons with an interest in the land in question.  This would ensure greater certainty and reduce the risk of legal challenge both at appeal and in the courts.

Decision

That, pursuant to Section 101(1) of the Local Government Act 1972, authority be delegated from Weymouth and Portland Borough Council to West Dorset District Council to carry out enforcement action, including the service of an enforcement notice under section 172 of the Town and County Planning Act and that any criminal and/or civil proceeding or other action (within the power of the authorised officer) be authorised in respect of any non-compliance with the notice(s) served or action taken in respect of any action authorised above, on the land referred to in this notice.