Agenda, decisions and minutes

To confirm the minutes of the meeting held on 8 September 2020.

The minutes of the meeting held on 8 September 2020 were confirmed as a correct record and would be signed by the Chairman as soon as it was practical.

To receive any declarations of interest.

There were no declarations of interest to report.

To receive questions or statements on the business of the committee from town and parish councils and members of the public. Public speaking has been suspended for virtual committee meetings during the Covid-19 crisis and public participation will be dealt with through written submissions only.

Members of the public who live, work or represent an organisation within the Dorset Council area, may submit up to two questions or a statement of up to a maximum of 450 words.  All submissions must be sent electronically to kate.critchel@dorsetcouncil.gov.uk by the deadline set out below.  When submitting a question please indicate who the question is for and include your name, address and contact details.  Questions and statements received in line with the council’s rules for public participation will be published as a supplement to the agenda.

Questions will be read out by an officer of the council and a response given by the appropriate Portfolio Holder or officer at the meeting.  All questions, statements and 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 1 October 2020.

There were sixteen questions from the public.  These questions were read out by Matt Prosser, Chief Executive and Jonathan Mair (Corporate Director, Legal and Democratic Services) and responded to by the appropriate Portfolio Holder. A copy of the full questions and the detailed responses are set out in Appendix 1 these minutes.

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

There were three questions from Councillors S Jespersen, Nick Ireland and J Somper; these along with the responses are set out in Appendix 2 to these minutes.

To consider the draft Cabinet Forward Plan due for publication on 6 October 2020.

The Cabinet Forward Plan for November 2020 to February 2021 was received and noted.

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

Decision

(a)       That the updated cost pressures set out in the paper of 6 October 2020 and the validation work that has been carried out on these, be noted;

(b)       That the amendments to the planning assumptions used in the Medium Term Financial Plan (MTFP), be noted;

(c)        That the financial gap arising from (i) and (ii) above, be noted;

(d)       Cabinet notes the tactical and transformation savings set out in the paper to start to close the financial gap, recognising that these are work in progress;

(f)        That the Portfolio Holders work with officers to continue to identify and develop savings opportunities through tactical or transformational means;

(h)       Cabinet continues to make the case to Government for additional funding given the unprecedented financial consequences of Covid-19;

(i)         That Cabinet agrees the next steps leading up to the 2021/22 Budget being presented to full Council in February 2021.

Reason for Decision

Councils are required to set a balanced budget.  Essentially this means that expenditure is balanced by income without unsustainable use of one-off, or short-term sources of finance. 

This paper is coming to Cabinet to provide an update on the budget gap for 2021-22 and subsequent years and progress on action/savings to date. The paper proposes an approach to close the remaining gap.

The Portfolio Holder for Finance, Commercial and Capital Strategy set out the report that provided a framework for the budget for 2021/2022 and the MTFP for 2021-2026. He also outlined the work that would be undertaken during the autumn and winter in order that the budget could be finalised at Council in February 2021.

Dorset Council was facing a budget shortfall of more than £60m before grants and reliefs from Government reduce the net impact of this to around £35m. At this stage, the continuing impact of Covid-19 on council  services and finances was unclear, but officers were working with the best assumptions and information available.

Without further funding from Government, the Council would use significant

quantities of its own reserves this year; this would place additional strain on the future resilience and potentially leave the Council unable to fund changes in demand-led services in future. The Leader of the Council would continue to raise these concerns with central government. 

In response to a question regarding fully funding the action plan of the Climate and Ecology Emergency Strategy, the Portfolio Holder advised that assurance could not be given at this stage that all project could be fully funded in their entirety .  However, the council was committed to responding to climate change and many actions were already in progress as the council worked towards reducing its carbon footprint. 

Decision

(a)       That the updated cost pressures set out in the paper of 6 October 2020 and the validation work that has been carried out on these, be noted;

(b)       That the amendments to the planning assumptions used in the Medium Term Financial Plan (MTFP), be noted;

(c)        That the financial gap arising from (i) and (ii) above, be noted;

(d)       Cabinet notes the tactical and transformation savings set out in the paper to start to close the financial gap, recognising that these are work in progress;

(f)        That the Portfolio Holders work with officers to continue to identify and develop savings opportunities through tactical or transformational means;

(h)       Cabinet continues to make the case to Government for additional funding given the unprecedented financial consequences of Covid-19;

(i)         That Cabinet agrees the next steps leading up to the 2021/22 Budget being presented to full Council in February 2021.

Reason for Decision

Councils are required to set a balanced budget.  Essentially this means that expenditure is balanced by income without unsustainable use of one-off, or short-term sources of finance. 

This paper is coming to Cabinet to provide an update on the budget gap for 2021-22 and subsequent years and progress on action/savings to date. The paper proposes an approach to close the remaining gap.

To consider a report of the Portfolio Holder for Corporate Development and Change.

Decision

(a)       That the implementation of the Dorset Workplace be approved;

(b)       That a budget of £1,060,000 be allocated to support this.

Reason for the Decision

The objective of the Dorset Workplace is to establish a set of principles that will allow employees to work from the place or more likely the places where they can best serve residents, customers and clients in the most effective way.

In proposing the report, the Portfolio Holder for Corporate Development and Change set out the objectives of the Dorset Workplace which was to establish a set of principles that would allow employees to work from the place or more likely the places where they could best serve residents and customers in the most effective way.

Cabinet was advised that the report recommended rationalisation of offices, more flexible working and reducing the cost of services wherever possible.

Decision

(a)       That the implementation of the Dorset Workplace be approved;

(b)       That a budget of £1,060,000 be allocated to support this.

Reason for the Decision

The objective of the Dorset Workplace is to establish a set of principles that will allow employees to work from the place or more likely the places where they can best serve residents, customers and clients in the most effective way.

To consider a report of the Portfolio Holder for Corporate Development and Change.

Decision

That Cabinet develop a value for money framework and timeline setting out how it will implement value for money benchmarking of all services to feed into a prioritisation exercise for conducting fundamental value for money reviews of the all the council’s services.

Reason for Decision

To ensure that the council is delivering value for money in all its services.

The Portfolio Holder for Corporate Development and Change presented a report seeking support for the development of a value for money framework and timeline setting out how the council would implement value for money benchmarking. This would  feed into a prioritisation exercise for conducting fundamental value for money reviews of council services. Members were advised the Audit & Governance and People & Resources Committees had both considered and supported the proposals.

In response to a request from the Chairman of Place and Resources Scrutiny Committee, the Portfolio Holder confirmed that the report should go back to both committees every 6 months and if required, before that date. 

Decision

That Cabinet develop a value for money framework and timeline setting out how it will implement value for money benchmarking of all services to feed into a prioritisation exercise for conducting fundamental value for money reviews of the all the council’s services.

Reason for Decision

To ensure that the council is delivering value for money in all its services.

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

Decision

(a)     That the acquisition of the land and the drainage works on the east side of Dinah's Hollow, Melbury Abbas be progressed immediately at a total cost of £130k.

(b)     That Cabinet notes the scale of additional resource required to stabilise slopes throughout the hollow and that the affordability of the scheme should be considered alongside other priorities as part of the 2021/22 budget setting process and MTFP.

Reason for Decision

The impact of a major slope failure would be high in respect of health and safety and financial implications. Possible consequences are loss of life or major injury and legal action. There would also be reputational damage, impact on service delivery and disruption to the highway network affecting a key north-south route.

The Portfolio Holder for Highways, Travel and Environment set out a report in respect of Dinah’s Hollow slop stabilisation.  He advised that the impact of a major slope failure would be high in respect of health and safety and financial implications. Possible consequences are loss of life or major injury and legal action. There would also be reputational damage, impact on service delivery and disruption to the highway network affecting a key north-south route.

The Portfolio Holder reported that he had received a number of emails from local residents in recent days and advised that all those comments would be logged and form part of discussions going forward.  He expressed his concerns about the site and understood the issues involved. Previous works would need to be revisited and the latest financial position in respect of the Local Enterprise Partnership was reported including the need to secure future funding.

In response to a question from the local ward member, the Portfolio Holder confirmed that he would respond direct to all of the recent emails and comments sent to him, including those of the Parish Council. 

Decision

(a)     That the acquisition of the land and the drainage works on the east side of Dinah's Hollow, Melbury Abbas be progressed immediately at a total cost of £130k.

(b)     That Cabinet notes the scale of additional resource required to stabilise slopes throughout the hollow and that the affordability of the scheme should be considered alongside other priorities as part of the 2021/22 budget setting process and MTFP.

Reason for Decision

The impact of a major slope failure would be high in respect of health and safety and financial implications. Possible consequences are loss of life or major injury and legal action. There would also be reputational damage, impact on service delivery and disruption to the highway network affecting a key north-south route.

To consider a report of the Portfolio Holders for Finance, Commercial and Capital Strategy and Highways, Travel and Environment.

Decision

(a)       That the flood and coastal erosion risk management strategy for the next 100 years for Weymouth, be agreed;

(b)       That officers be authorised to develop the business case towards deliverable schemes for inclusion in Dorset Council’s future capital programme.

(c)        That authority be delegated to the two relevant portfolio holders, in consultation with the Director for Place, to agree the governance structures to oversee the project.

Reason for Decision

Weymouth floods and is impacted by coastal erosion.  With a prediction of an acceleration in sea level rise and more intense weather events as a result of climate change, the problems facing Weymouth will increase significantly.

Without investment in managing this flood and erosion risk, Weymouth faces increasing direct losses through flooded assets and infrastructure and indirect impacts such as a failing property market due to blight and increasing social deprivation.

The Portfolio Holder for Economic Growth, Assets & Property set out the report for the investment in managing flood and erosion risk at Weymouth harbour and the esplanade. It was one of the largest projects in the area in recent times and would bring a number of jobs to the area. He also took the opportunity to thank the Environment Agency for their technical and financial support for the project.

The Portfolio Holder for Highways, Travel and Environment supported the proposal and thanked  officers for their detailed report.

In response to a question from the Chairman of the Harbours Committee regarding the implications of the planning white paper, the Leader of the Council suggested that clarification would be sought and shared with members outside of the meeting at a later date.

Decision

(a)       That the flood and coastal erosion risk management strategy for the next 100 years for Weymouth, be agreed;

(b)       That officers be authorised to develop the business case towards deliverable schemes for inclusion in Dorset Council’s future capital programme.

(c)        That authority be delegated to the two relevant portfolio holders, in consultation with the Director for Place, to agree the governance structures to oversee the project.

Reason for Decision

Weymouth floods and is impacted by coastal erosion.  With a prediction of an acceleration in sea level rise and more intense weather events as a result of climate change, the problems facing Weymouth will increase significantly.

Without investment in managing this flood and erosion risk, Weymouth faces increasing direct losses through flooded assets and infrastructure and indirect impacts such as a failing property market due to blight and increasing social deprivation.

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

Decision

(a)       That the scale of additional resource requirements to deliver the climate emergency strategy 2040 and 2050 targets be noted, and that affordability should be considered as part of the 2021/22 budget setting process and MTFP.

(b)       That the Summary Climate Action Plan (set out at appendix A) be approved for public consultation along with the Climate and Ecological Emergency Strategy

(c)        That the Portfolio Holder in conjunction with the Executive Director of Place to agree the final wording of the final document.

The Portfolio Holder presented the report to Cabinet. The draft costs had been identified for all 187 actions, of which 100 could be achieved through business as usual.  However additional funding was required to deliver the strategy and the overall figure was estimated in the region of £127 million.

The plan was ready for public consultation but would be considered by the EAP prior to the consultation process. The Portfolio Holder proposed that an additional recommendation be added (c) That the Portfolio Holder in conjunction with the Executive Director of Place to agree the wording of the final document.  This was seconded by Cllr S Flower.

In response to questions regarding smart targets, the Sustainability Team Manager confirmed that each detailed action plan would contain timescales, costs and  initial target(s).

Decision

(a)       That the scale of additional resource requirements to deliver the climate emergency strategy 2040 and 2050 targets be noted, and that affordability should be considered as part of the 2021/22 budget setting process and MTFP.

(b)       That the Summary Climate Action Plan (set out at appendix A) be approved for public consultation along with the Climate and Ecological Emergency Strategy

(c)        That the Portfolio Holder in conjunction with the Executive Director of Place to agree the wording of the final document.

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

Decision

(a)       That the Dog-related Public Spaces Protection Order 2020, be approved;

(b)        That West Beach, Charmouth be included  as an exclusion area between 1 May and 30 September with dog’s exercised off-lead at other times. East Beach at Charmouth to have no restrictions.

Reason for Decision

To protect public health, safety and animal welfare.

To consolidate existing Dog-related Public Spaces Protection Orders and provisions into a single Order to give greater consistency and clarity for residents and visitors to Dorset.

To assist with the efficient use of enforcement resources.

The Portfolio Holder for Customer and Community Services presented the report and advised that it had been considered and supported by the Place & Resources Overview Committee at its meeting on 21 September 2020.

She advised that a submission has been received from Charmouth Parish Council requesting a change to the recommendation for Charmouth beaches.

Officers supported this proposed change as an error had been made in drafting the Order. In effect the change will move the proposed restriction from East Beach to West Beach.

The following amendment was proposed ‘ to include West Beach as an exclusion area between 1 May and 30 September with dog’s exercised off-lead at other times. East Beach to have no restrictions.’ This was seconded by Cllr L Miller.

The Chairman of Place & Resources Overview Committee advised that the committee felt the consultation results should be adhered to and the recommendations were supported.

 Decision

(a)       That the Dog-related Public Spaces Protection Order 2020, be approved;

(b)        That West Beach, Charmouth be included  as an exclusion area between 1 May and 30 September with dog’s exercised off-lead at other times. East Beach at Charmouth to have no restrictions.

Reason for Decision

To protect public health, safety and animal welfare.

To consolidate existing Dog-related Public Spaces Protection Orders and provisions into a single Order to give greater consistency and clarity for residents and visitors to Dorset.

To assist with the efficient use of enforcement resources.

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

Decision

Cabinet agreed:-

(a)       The continued provision of the ‘information, advice and guidance’ service for residents at the current financial rate for a 5-year term to offer stability.. Extension of the current grant for a further 6 months 1^st April – 30^th September 2021 to enable a procurement exercise to be undertaken. The new contract to begin on 1^st October 2021

(b)       The continued provision of an arts and culture support service at the current financial rate for a 5-year term. Extension of the current grant for a further 6 months 1^st April – 30^th September 2021 to enable a procurement exercise to be undertaken. The new contract to begin on 1^st October 2021.

(c)        The continued provision of support services to the social voluntary community sector at the current financial rate for a 5-year term. This will be tendered as one contract for bidding organisations to work in partnership to deliver the support for the rest of the social voluntary community sector. Extension of the current grant recipients for a further 6 months 1^st April – 30^th September 2021 to enable a procurement exercise to be undertaken. The new contract to begin on 1^st October 2021.

(d)       The continued commissioned support of the museums and community centres in which Dorset Council have a reversionary interest at the current financial rate for a period of 1 year from 1^st April 2021 to be considered within the wider council buildings and assets review.

(f)        A discretionary outcome-based fund to be introduced to replace all historical grant programmes offered by Dorset Council. Criteria to be modified in accordance to the comments made in the consultation and agreed with the Cabinet Portfolio Holder.

Reason for Decision

1. The consultation has evidenced the value and very strong level of support for the information, advice and guidance service for residents. Due to the value of the contract, there is a requirement to procure the service.  The timescales involved in undertaking an open and transparent procurement exercise will necessitate the need to extend the existing contract to allow sufficient time for this to be completed.

2. The consultation has evidenced the value and very strong level of support for the arts support service. Due to the value of the contract, there is a requirement to procure the service.  The timescales involved in undertaking an open and transparent procurement exercise will necessitate the need to extend the existing contract to allow sufficient time for this to be completed.

3. The consultation has evidenced the value and very strong level of support for the social VCS support service. Due to the value of the contract, there is a requirement to procure the service.  The timescales involved in undertaking an open and transparent procurement exercise will necessitate the need to extend the existing contract to allow sufficient time for this to be completed.  It is acknowledged that the current organisations worked incredibly effectively together before and during the COVID-19  ...  view the full decision text for item 29.

To consider a report of the Portfolio Holder for Planning.

That a response be sent to Government, setting out the following as the views of Dorset Council on the White Paper, as well as the more detailed points made in section 9 of this report:

(a)       That delays in house building nationally are not all due to the planning system – local planning authorities do not build houses - but to other factors including market absorption, the homogenous nature of large developments, and reliance on the private sector for infrastructure provision, as identified in the Letwin review. In the last decade, 2.5 million homes were granted planning permission but only 1.5 million were delivered; similarly in 2019, 371,000 homes were given permission but only 241,000 were delivered;

(b)       That binding national housing targets and removal of the opportunity for people to comment at outline planning application stage on sites allocated for growth in plans will reduce the ability of communities to have input into proposals affecting their local areas, and reduce local democracy;

(c)       That greater detail is required on how the national housing targets would be derived, including how environmental constraints will be taken into account, and that this must include an element of national planning strategy setting out the aims for how places will grow and the infrastructure needed to support them;

(d)       That the proposed timescale for the adoption of new style plans is very ambitious bearing in mind the need for the introduction of new primary legislation, the proposed ‘front loading’ of community engagement and the greater level of technical work necessary if growth areas will receive automatic outline planning permission;

(e)       That there is significant risk to the progress of currently emerging local plans due to the uncertainty around, and scale of, these changes;

(f)        That if national policies are not to be repeated in local plans, they need to carry the same weight in decision making as development plan policies. Some local ‘development management policies’ will still be necessary to set out local mechanisms and approaches to addressing national policy issues – for example local solutions to addressing indirect effects of development on protected habitats;

(g)       That there is no reference to what if any effect these changes are intended to have on minerals and waste local plans, how policies and site allocations for minerals and waste would be applied under the zoning system and how minerals safeguarding can be achieved;

(h)       That while the support for good design and the publication of a national design code are welcomed, it is important that these focus not only on what places look like, but how they work for those living and working in them. Masterplanning also needs to consider infrastructure provision and mitigation of impacts on habitats, flood risk, heritage and landscape.

(i)        That the replacement of the Community Infrastructure Levy and Section 106 planning agreements with a single levy is not likely to generate sufficient funding for the infrastructure and affordable housing that is needed, particularly bearing in mind the exemptions proposed. We would  ...  view the full decision text for item 30.

To consider a report of the Portfolio holder for Children, Education, Skills and Early Help.

The Portfolio Holder for Children, Education, Skills and Early Help presented a report seeking Cabinet support to recommend the Children, Young People and Families’ Plan 2020-23 to Council for adoption.

Recommended to Full Council

That the Children, Young People and Families Plan 2020-23 be adopted.

Decision

To agreed to receive an Annual Report of the Children, Young People and Families’ Plan 2020-23.

To consider any matters to be referred to Overview Committee(s) for consideration.

The Chairman report that this was a new standing item and an opportunity for Portfolio Holders to report on forthcoming policy items coming forward via the new Overview Committees.

Listed below was the items reported to be coming forward in the next few months.

Cultural Policy/Strategy  -People & Health Overview Committee

Communities Strategy  - People & Health Overview Committee

Recovery & Reset EAP’s - Overview Chairmen to agree the appropriate committee path.

ICT EAP - Place & Resources Overview Committee

Private Sector Housing Assistance Policy, Housing Allocations Policy , Housing Standards Enforcement Policy  all reporting to People & Health Overview Committee

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

There was nothing further to report.

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.

The following items of business were considered by the Chairman as urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The item was considered to be urgent to allow enable the Council to act quickly for the Provision for Dorset Children.

The report was considered in exempt business under paragraph 3 of part 2 schedule 12A of the 1972 Act.

The following item of business were considered by the Chairman as urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The item was considered to be urgent to allow enable the Council to act quickly for the provision for Dorset children.

Item: Provision for Dorset Children

The report was considered in exempt business under paragraph 3 of part 2 schedule 12A of the 1972 Act.

To move the exclusion of the press and the public for the following item(s) in view of the likely disclosure of exempt information within the meaning of paragraph 3 and 4 of schedule 12 A to the Local Government Act 1972 (as amended).

The public and the press will be asked to leave the meeting whilst the item of business is considered.

Decision

The press and the public were excluded for the following item(s) in view of the likely disclosure of exempt information within the meaning of paragraph 3 and 4 of schedule 12 A to the Local Government Act 1972 (as amended).

It was proposed by Cllr P Wharf

Decision

That the press and the public be excluded for the following 3 item(s) in view of the likely disclosure of exempt information within the meaning of paragraph 3 and 4 of schedule 12 A to the Local Government Act 1972 (as amended).

Decision

That authority be delegated to the Leader of the Council to engage with the appropriate Executive and Corporate Directors to carry out the recommendations set out with the in urgent exempt report to Cabinet of 6 October 2020.

The Portfolio Holder for Children, Education, Skills and Early Help presented a urgent exempt report.

Decision

That authority be delegated to the Leader of the Council to engage with the appropriate Executive and Corporate Directors to carry out the recommendations set out with the in urgent exempt report to Cabinet of 6 October 2020.

To consider a report of the Children, Education, Skills and Early Help.

Decision

That the recommendations set out in the exempt report to Cabinet of 6 October 2020 be agreed.

The Portfolio Holder for Children, Education, Skills and Early Help presented the report to cabinet.

Decision

That the recommendations set out in the exempt report to Cabinet of 6 October 2020 be agreed.

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

Decision

That the recommendations set out in the exempt report of 6 October 2020 be agreed.

The Portfolio Holder for Customer and Community Services presented the report to Cabinet.

Decision

That the recommendations set out in the exempt report of 6 October 2020 be agreed.