Agenda, decisions and minutes

Dorset Council - Cabinet
Tuesday, 5th May, 2020 10.00 am

Venue: This meeting will be held remotely MS teams Live Event

Contact: Kate Critchel  01305 252234 - Email: kate.critchel@dorsetcouncil.gov.uk

Media

Items
No. Item

Welcome

The Chairman welcomed all who were attending  the first cabinet meeting to be held since March 2020 due to the COVID-19 pandemic. He also explained how the meeting would be conducted.

 

In respect of the item 4 on the agenda “Questions and Statements from the Public”, 2 statements had been received regarding the future of Community Hospitals.  Questions or statements to Cabinet needed to refer to council business and it was not within the Council’s remit to decide the future of community hospital beds.

 

These matters should be referred to the Clinical Commissioning Group who had the responsibility for clinical provision in Dorset.

 

 

138.

Minutes pdf icon PDF 130 KB

To confirm the minutes of the meeting held on 3 March 2020.

Minutes:

The minutes of the meeting held on 3 March 2020 were confirmed as a correct record and would be signed by the Chairman at the first available opportunity.

139.

Declarations of Interest

To receive any declarations of interest.

Minutes:

Cllr L Miller declared a non-pecuniary interest in respect of minute no. 153 “Major Waste Disposal Contracts” following a competitive tender process.

Cllr Miller reported that her partner worked for a company that had connections within this particular industry.  He was not directly involved in the  matter set out within the report before members and she therefore indicated that she would take part in the discussion and vote on the item.

140.

Public Participation pdf icon PDF 70 KB

To receive questions or statements on the business of the committee from town and parish councils and members of the public.

 

Please note that public speaking has been suspended during the Covid-19 crisis. Each question or statement is limited to no more than 450 words and must be electronically submitted to kate.critchel@dorsetcouncil.gov.uk by the deadline set out below. The question or statement will be read out by an officer of the Council and a response will be given by the appropriate Portfolio Holder at the meeting. All questions/statements and the responses will be published in full within the minutes of the meeting.

 

The deadline for submission of the full text of a question or statement is 8.30am on Thursday 30 April 2020.

Additional documents:

Minutes:

Four questions from the public had been received.  These were from Chris Bradely, Caz Dennett, Debby Monkhouse and Irene Statham.

A shortened version of the questions were read out by Matt Prosser (Chief Executive) and Jonathan Mair (Corporate Director, Legal and Democratic Services).  A copy of the full questions and the responses are set out in appendix 1 these minutes.

141.

Questions from Members pdf icon PDF 51 KB

To receive any questions from members in accordance with procedure rule 13.

Additional documents:

Minutes:

There were two questions from members and these are set out in appendix 2 to these minutes.

142.

Forward Plan pdf icon PDF 131 KB

To consider the Cabinet Forward Plan.

Minutes:

The Cabinet Forward Plan was received and noted.

143.

Covid-19 Response pdf icon PDF 3 MB

To receive a report on the Councils response to the Covid-19 crisis.

Additional documents:

Decision:

Decision

 

(a)       That the Council’s response to the Covid emergency   response is              noted;

 

(b)       That all Council staff be thanked for their part in responding to the emergency;

 

(c)        That this report is referred to the Resources Overview and Scrutiny Committee for members to consider the effectiveness of  Dorset Council’s response and

 

(d)       That the focus of the work of the Resources Overview and Scrutiny Committee  be to learn from Dorset Council’s experience of responding to the Covid-19 emergency and not to scrutinise the effectiveness of other agencies and any decisions which are rightly the responsibility of the Council’s partners.       

 

Reason for the Decision

To ensure that cabinet are fully informed and assured of the way that services have been managed under the Council’s response to the COVID-19 pandemic to date.

 

 

Minutes:

The Chairman introduced the report by stating that as of 4 May 2020 174 members of Dorset’s community had sadly lost their life due to COVID-19. 46 of those were from local residential care homes.

He asked the committee to take a moment to sit quietly for a short period of reflection.

The Chairman advised that the report set out a summary of the council’s response to the COVID-19 pandemic and identified some of the many changes that had taken place in the way that services were being managed, and the command structures enacted to do this. He commended the response from Dorset Council officers in the face of this crisis and advised that the report aimed to set out what had been achieved to date and what issues might be faced in the future.

The Chief Executive reported the strategic approach to the pandemic.  He took the opportunity to thank local residents, communities and businesses in Dorset for their continued support.  He also thanked local volunteers for their contribution and those individuals who had worked on delivering such national initiatives as the Community Shielding work. He highlighted the work being carried out to deliver business grants and support for council taxpayers facing hardship.

Dorset Council was classed as a Category 1 Emergency Responder under the 2004 Civil Contingencies Act, alongside emergency services (police, fire, ambulance); coastguard; health and the environment agency. All Category 1 responders were also members of Dorset's Local Resilience Forum (LRF). The Forum was the principal mechanism for multi- agency planning and co-operation in response to an incident.

The Executive Director for Corporate Development advised that his role within this was to act as the Council’s “Covid Gold Lead” and to coordinate the council’s response to the Covid-19 crisis. The complexity of the arrangements put into place by the council were set out at appendices  A & B of the report. The role had dealt with issues such as obtaining the emergency provision of PPE, testing for Covid-19, communications, discouragement of visitors to Dorset and promoting social distancing regulations. The LRF were also now planning the way back to the new normality.

The Director of Public Health set out an overview of the Public Health challenges.  He advised that he was working closely with Public Health England in order to give appropriate advice to the local public health system. Because of the adherence to the lockdown and social distancing measures put into place, Dorset had not, to date, been significantly impacted by the virus compared with other areas within the UK.  He further highlighted that at the moment the main concern related to pressure that was in and around local residential care homes. 

The Executive Director for People (Children) reported on the council’s community shielding work which coordinated the provision of food, medicine and emotional support to individuals and families identified on the Government ‘shielded’ list. She further reported on the work to support Dorset’s children by ensuring the provision of enhanced services in relation to  ...  view the full minutes text for item 143.

144.

Approval for the transfer of assets to Portland Town Council pdf icon PDF 78 KB

To consider a report of the Portfolio Holder for Finance, Commercial and Assets.

Additional documents:

Decision:

Decision

 

(a)       That the assets listed in Appendix A of the report of 5 May 2020 be              transferred freehold to Portland Town Council at less than best                        consideration with no clawback provisions.

 

(b)       That the assets listed in Appendix B of the report of 5 May 2020 be              transferred leasehold to Portland Town Council at less than best              consideration with covenants to retain control of future use and    ownership.

 

(c)        That the right to work the minerals be excluded on all transferring                assets.

 

(d)       For Dorset Council to keep control of the Verne Common including areas covered by High Level Stewardship agreement and be able to licence the Town Council to hold suitable events. 

 

(e)       That discussions with the Crown Estate and Portland Town Council progress to relinquish the management of assets currently managed by Dorset Council and owned by the Crown Estate.

(f)        That authority be delegated to the  Executive Director for Place in conjunction with the Portfolio Holder for Commercial, Finance and Assets to make changes to the above.

Reason for the decision

To confirm the assets to be transferred and the basis of transfers to Portland Town Council. 

 

Weymouth & Portland Borough Council carried out services which are more typically that of a Town Council, such as allotments and parks.  Prior to the formation of Dorset Council some services and assets were agreed to be transferred to Weymouth & Portland Town Councils.  Transfers to Weymouth Town Council were dealt with as part of the formation of Weymouth Town Council.  Portland Town Council already existed and therefore the asset transfer process is required to be completed separately.

 

Member authority is required to transfer assets (some with values reported in excess of £100,000) at less than best consideration, ie at less than market value.

 

 

Minutes:

Members were advised that prior to the formation of Dorset Council some services and assets were agreed to be transferred to Weymouth & Portland Town Councils.  Transfers to Weymouth Town Council had been dealt with as part of the formation of Weymouth Town Council.  Portland Town Council already existed and therefore the asset transfer process was required to be completed separately.

 

The Portfolio Holder for Finance, Commercial and Assets sought approval for the authority to proceed with the proposed asset transfers to Portland Town Council on less than best consideration basis.

 

Decision

 

(a)       That the assets listed in Appendix A of the report of 5 May 2020 be              transferred freehold to Portland Town Council at less than best                        consideration with no clawback provisions.

 

(b)       That the assets listed in Appendix B of the report of 5 May 2020 be              transferred leasehold to Portland Town Council at less than best              consideration with covenants to retain control of future use and    ownership.

 

(c)        That the right to work the minerals be excluded on all transferring                assets.

 

(d)       For Dorset Council to keep control of the Verne Common including areas covered by High Level Stewardship agreement and be able to licence the Town Council to hold suitable events. 

 

(e)       That discussions with the Crown Estate and Portland Town Council progress to relinquish the management of assets currently managed by Dorset Council and owned by the Crown Estate.

(f)        That authority be delegated to the Executive Director for Place in conjunction with the Portfolio Holder for Commercial, Finance and Assets to make changes to the above.

Reason for the decision

To confirm the assets to be transferred and the basis of transfers to Portland Town Council. 

 

Weymouth & Portland Borough Council carried out services which are more typically that of a Town Council, such as allotments and parks.  Prior to the formation of Dorset Council some services and assets were agreed to be transferred to Weymouth & Portland Town Councils.  Transfers to Weymouth Town Council were dealt with as part of the formation of Weymouth Town Council.  Portland Town Council already existed and therefore the asset transfer process is required to be completed separately.

 

Member authority is required to transfer assets (some with values reported in excess of £100,000) at less than best consideration, ie at less than market value.

145.

Transforming Cities Fund (TCF) Delivery pdf icon PDF 2 MB

To consider a report of the Portfolio Holder for Highways, Travel and Transport.

Decision:

(a)       That, in principle, the proposed three-year delivery programme in line with the TCF Strategic Outline Business Case, already approved by Cabinet, and guidance set out by the DfT in the Assurance Framework, be approved;

 

(b)       That the proposed Governance Framework be approved and authority be delegated to the Head of Highways in consultation with the Portfolio Holder for Highways, Travel and the Environment through the TCF Council Governance Board (CGB), for approval of future TCF proposals, detailed programme delivery decisions and the detailed design of each element of the programme;

 

(c)        That the principle of regular TCF update reports going to the CGB and from there to DfT as stipulated within point 8 of the award letter, with consideration of Traffic Regulation Orders (TROs) associated with the programme being considered in line with current Dorset Council approvals, be approved.

 

Reason for Recommendation:    

 

The delegations are designed to:

 

(i)         Allow maximum flexibility in meeting the strict DfT timeline for delivery over the next three years, with appropriate Dorset Council approvals in place.

 

(ii)        To ensure that the authority is best placed to progress scheme delivery at the pace required to meet the funding profiles set by the DfT.

Minutes:

The Portfolio Holder for Highways, Travel and Environment reminded members that Cabinet had considered a report in November 2019 seeking delegated authority for the submission of the Transforming Cities Fund (TCF). 

 

The scheme aimed to deliver improved cycle, walking and public transport. The scheme also proposed aims to increase the amount of sustainable low carbon, travel and would form part of the ongoing efforts to reduce carbon emissions from transport.

 

Cabinet was now being asked to consider a report setting out the proposed governance framework and delivery plan for the TFC.  In response to a questions, the Chairman confirmed that scrutiny was essential to ensure that this joint project with BCP was transparent and he would look to see what scrutiny functions had been included within the governance arrangements.

 

Decision

 

(a)       That, in principle, the proposed three-year delivery programme in line with the TCF Strategic Outline Business Case, already approved by Cabinet, and guidance set out by the DfT in the Assurance Framework, be approved;

 

(b)       That the proposed Governance Framework be approved and authority be delegated to the Head of Highways in consultation with the Portfolio Holder for Highways, Travel and the Environment through the TCF Council Governance Board (CGB), for approval of future TCF proposals, detailed programme delivery decisions and the detailed design of each element of the programme;

 

(c)        That the principle of regular TCF update reports going to the CGB and from there to DfT as stipulated within point 8 of the award letter, with consideration of Traffic Regulation Orders (TROs) associated with the programme being considered in line with current Dorset Council approvals, be approved.

 

Reason for the decision:    

 

The delegations were designed to:

 

(i)         Allow maximum flexibility in meeting the strict DfT timeline for delivery over the next three years, with appropriate Dorset Council approvals in place.

 

(ii)        To ensure that the authority is best placed to progress scheme delivery at the pace required to meet the funding profiles set by the DfT.

146.

Jurassic Coast Partnership Plan 2020 - 2025 and future funding agreement with the Jurassic Coast Trust pdf icon PDF 97 KB

To consider a report of the Portfolio Holder for Highways , Travel and Environment.

Additional documents:

Decision:

 

Decision

 

(a)    That the Cabinet Jurassic Coast Partnership Plan 2020 - 2025 be adopted;

 

(b)    That the current funding contribution made to the Jurassic Coast Trust continue until to March 2023.

 

(c)    That with the Portfolio Holder for Highways, Travel and Environment, authority be delegated to the Executive Director of Corporate Development (Section 151 Officer) to approve a new funding agreement with the Jurassic Coast Trust.

 

Reason for Decision

 The Jurassic Coast Partnership Plan and Dorset Council’s continued support of the Jurassic Coast Trust helps us to deliver a number of actions outlined in the Corporate Plan in an effective and cost efficient way; delivering services that protect our natural, historic and cultural environments, capitalising on Dorset’s unique environmental assets to support our priorities and providing an environment that attracts business investment, tourism and a skilled workforce. The partnership plan enables us to meet UNESCO and UK Government requirements with regard to management of the World Heritage Site.

 

Minutes:

Cabinet considered a report on the Jurassic Coast Partnership Plan 2020 – 2025.  This set out the management framework for the Dorset and East Devon Coast World Heritage Site, also known as the Jurassic Coast. 

Since 2017 the Jurassic Coast Trust has taken the lead in setting out and coordinating delivery of site management, delivering the obligations of both Dorset Council and Devon County Council in respect of site management. It used a Partnership Advisory Committee and Board of Trustees to provide advice towards the management and policies of the site as well as collaborating with a wide range of partners, groups, visitor centres and museums.

The Portfolio Holder for Highways, Travel and Environment advised that together with Devon County Council, Dorset Council had an ongoing agreement to fund the core work of the Jurassic Coast Trust as it offered an effective and sustainable financial model to both councils to deliver management of the site.

 

In response to a question relating to little reference being made of marketing the site within the documents, the Portfolio Holder advised this was included within the Management Plan under protecting the world heritage site. However he confirmed that he would discuss this issue further with the Jurassic Coast Trust and report back directly to the member concerned at a later date.

 

Assurance was sort regarding the protection of elements of the Jurassic path in respect of cliff fall and erosion of footpaths that sat on the East Devon Coastline of the Jurassic path; the Portfolio Holder confirmed that he would discuss these concerns with his East Devon colleagues.

 

Decision

 

(a)    That the Cabinet Jurassic Coast Partnership Plan 2020 - 2025 be adopted;

 

(b)    That the current funding contribution made to the Jurassic Coast Trust continue until to March 2023.

 

(c)    That with the Portfolio Holder for Highways, Travel and Environment, authority be delegated to the Executive Director of Corporate Development (Section 151 Officer) to approve a new funding agreement with the Jurassic Coast Trust

Reason for Decision

 The Jurassic Coast Partnership Plan and Dorset Council’s continued support of the Jurassic Coast Trust helps us to deliver a number of actions outlined in the Corporate Plan in an effective and cost efficient way; delivering services that protect our natural, historic and cultural environments, capitalising on Dorset’s unique environmental assets to support our priorities and providing an environment that attracts business investment, tourism and a skilled workforce. The partnership plan enables us to meet UNESCO and UK Government requirements with regard to management of the World Heritage Site.

 

147.

Making of Bridport Neighbourhood Plan 2020-2036 pdf icon PDF 75 KB

To consider a report of the Portfolio Holder for Planning.

Additional documents:

Decision:

Decision

(a)  That the council make the Bridport Area Neighbourhood Plan (as set out in appendix A of the report to 5 May 2020) part of the statutory development plan for the Bridport Neighbourhood Area;

 

(b)  That the council offers its congratulations to Bridport Town Council and the Joint Council Committee in producing their neighbourhood plan.

 

Reason for Decision 

 

To formally adopt the Bridport Area Neighbourhood Plan as part of the statutory development plan for the Bridport Neighbourhood Area. In addition, to recognise the significant amount of work undertaken by the Joint Council Committee in preparing the neighbourhood plan, congratulating them on their success.

 

Minutes:

The Portfolio Holder for Planning presented a report seeking formal adoption of the Bridport Area Neighbourhood Plan as part of the statutory development plan for the Bridport Neighbourhood Area.  In addition he took the opportunity to congratulate and thank those involved in preparing the plan.

Decision

(a)  That the council make the Bridport Area Neighbourhood Plan (as set out in appendix A of the report to 5 May 2020) part of the statutory development plan for the Bridport Neighbourhood Area;

 

(b)  That the council offers its congratulations to Bridport Town Council and the Joint Council Committee in producing their neighbourhood plan.

 

Reason for Decision 

 

To formally adopt the Bridport Area Neighbourhood Plan as part of the statutory development plan for the Bridport Neighbourhood Area. In addition, to recognise the significant amount of work undertaken by the Joint Council Committee in preparing the neighbourhood plan, congratulating them on their success.

 

148.

Making of Upper Marshwood Vale Neighbourhood Plan 2018 to 2033 pdf icon PDF 274 KB

To consider a report of the Portfolio Holder for Planning.

Additional documents:

Decision:

 

Decision

 

(a)       That the council make the Upper Marshwood Vale Neighbourhood Plan (as set out in the appendix A of the report of 5 May 2020) part of the statutory development plan for the Upper Marshwood Vale Neighbourhood Area;

 

(b)       That the council offers its congratulations to Upper Marshwood Vale Neighbourhood Plan group in producing their neighbourhood plan.

 

Reason for Decision

 

To formally adopt the Upper Marshwood Vale Neighbourhood Plan as par of the statutory development plan for the Upper Marshwood Vale Neighbourhood area. In addition, to recognise the significant amount of work undertaken by the Upper Marshwood Vale Neighbourhood Plan group in preparing the neighbourhood plan, congratulating them on their success.

 

 

 

Minutes:

The Portfolio Holder for Planning set out a report seeking formal adoption of the Upper Marshwood Vale Neighbourhood Plan as part of the statutory development plan for the Upper Marshwood Vale Neighbourhood Area, following a successful referendum. He also took the opportunity to thank those who were involved in preparing the plan.

 

Decision

 

(a)       That the council make the Upper Marshwood Vale Neighbourhood Plan (as set out in the appendix A of the report of 5 May 2020) part of the statutory development plan for the Upper Marshwood Vale Neighbourhood Area;

 

(b)       That the council offers its congratulations to Upper Marshwood Vale Neighbourhood Plan group in producing their neighbourhood plan.

 

Reason for Decision

 

To formally adopt the Upper Marshwood Vale Neighbourhood Plan as par of the statutory development plan for the Upper Marshwood Vale Neighbourhood area. In addition, to recognise the significant amount of work undertaken by the Upper Marshwood Vale Neighbourhood Plan group in preparing the neighbourhood plan, congratulating them on their success.

 

 

 

149.

Making of the Sutton Poyntz Neighbourhood Plan 2016 to 2031 pdf icon PDF 75 KB

To consider a report of the Portfolio Holder for Planning.

Additional documents:

Decision:

Decision

(a)       That the council make the Sutton Poyntz Neighbourhood Plan (as set out in Appendix A of the report of 5 May 2020) part of the statutory development plan for the Sutton Poyntz Neighbourhood Area;

(b)       That the council offers its congratulations to Weymouth Town Council and the Sutton Poyntz Society in producing their neighbourhood plan.

 

Reason for Decision  

 

To formally adopt the Sutton Poyntz Neighbourhood Plan as part of the statutory development plan for the Sutton Poyntz Neighbourhood Area. In addition, to recognise the significant amount of work undertaken by the Sutton Poyntz Society in preparing the neighbourhood plan, congratulating them on their success.

 

Minutes:

The Portfolio Holder for Planning set out a report seeking formal adoption of the Sutton Poyntz Neighbourhood Plan. As the local ward member, Cllr T Ferrari took the opportunity to thank all those involved in the preparation of the plan which demonstrated local democratic engagement.

 

Decision

(a)       That the council make the Sutton Poyntz Neighbourhood Plan (as set out in Appendix A of the report of 5 May 2020) part of the statutory development plan for the Sutton Poyntz Neighbourhood Area;

(b)       That the council offers its congratulations to Weymouth Town Council and the Sutton Poyntz Society in producing their neighbourhood plan.

 

Reason for Decision  

 

To formally adopt the Sutton Poyntz Neighbourhood Plan as part of the statutory development plan for the Sutton Poyntz Neighbourhood Area. In addition, to recognise the significant amount of work undertaken by the Sutton Poyntz Society in preparing the neighbourhood plan, congratulating them on their success.

 

150.

Climate & Ecological Emergency Executive Advisory Panel Update

To receive an update from the Portfolio Holder for Highways, Travel and Environment.

Minutes:

The Portfolio Holder for Highways, Travel and Environment reported that the Executive Advisory Panel would continue to meet and aimed to feedback its action plan to Full Council later in the year.

151.

Urgent items

To consider any items of business which the Chairman 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 recorded in the minutes.

 

Minutes:

There were no urgent items considered at the meeting.

152.

Exempt Business

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 3 of schedule 12 A to the Local Government Act 1972 (as amended).

The MS Teams Live Event will end and the committee will meet in closed session to discuss the item the following exempt report.

Minutes:

It was proposed by Cllr P Wharf

 

Decision

 

That the press and the public be excluded for the following item(s) in view of the likely disclosure of exempt information within the meaning of paragraph 3 of schedule 12 A to the Local Government Act 1972 (as amended).

The committee logged out of the MS Teams Live Event to consider the following item under exempt business

153.

Major Waste Disposal Contracts following competitive tender process

To consider a report of the Portfolio Holder for Customer, Community and Regulatory Services.

Decision:

Decision

 

That the award of the residual waste contract be approved.

 

 

Reason for Decision   

 

To allow cost effective management of waste.

 

Minutes:

Cabinet considered a report on the awarding of the residual waste contract.

 

Decision

 

That the award of the residual waste contract be approved.

 

 

Reason for Decision   

 

To allow cost effective management of waste.

 

Appendix 1 - Public Q&A's pdf icon PDF 80 KB

Appendix 2 - Councillor Q&A's pdf icon PDF 70 KB