Agenda, decisions and minutes

In consultation with Group Leaders, the Chief Executive had exercised his delegated powers to revert to virtual informal meetings of council committees during the remainder of July and throughout August and September.  This decision was made in the light of the increasing Covid-19 case rates and projected increases for August into September. This would be reviewed in September. As Executive Leader, Cllr S Flower confirmed that he had also decided that Cabinet informal meetings would continue to be held virtually during that time.

Members were advised that where a Cabinet decision was required, the appropriate Portfolio Holder would be the responsible individual to make the decision, whilst considering the views expressed by the wider Cabinet membership.

To approve the minutes of 6, 29 April, 18 May and 22 June 2021.

The minutes of the meeting held on 22 June 2021 were received and noted.  

To disclose any pecuniary, other registrable or non-registrable interest as set out in the adopted Code of Conduct. In making their disclosure councillors are asked to state the agenda item, the nature of the interest and any action they propose to take as part of their declaration.

If required, further advice should be sought from the Monitoring Officer in advance of the meeting.

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.

Members of the public who live, work or represent an organisation within the Dorset Council area, may submit up to either 2 questions, or 2 statements or 1 question and 1 statement at each meeting. Sub divided questions count towards this total.  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.

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 22 July 2021.

There were 7 questions/statements 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 questions submitted by councillors. The deadline for receipt of questions is 8.30am on Thursday 22 July 2021.

There was 1 question from Councillor C Sutton. This along with the response was set out in Appendix 2 to these minutes.

To consider the Cabinet Forward Plan.

The draft Cabinet Forward Plan was received and noted.

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

Cabinet noted: -

(a)  the Senior Leadership Team’s forecast of outturn for the Council at the end of Qtr1 including progress of the transformation and tactical savings incorporated into the budget.

(b)  the size of the capital programme for 2021/22 including the slippage from previous years and the work taking place to review this position.

(c)  the opening position for the Medium-Term Financial Plan (MTFP) refresh and the budget timetable headlines.

(d)  the budget movements (virements) as set out within report.

In setting out the financial management report Q1 2021/22, the Portfolio Holder for Finance, Commercial and Capital outlined the difficult challenges being faced in carrying on with business as usual whilst responding to a world-wide pandemic. At the end of Q1, the council was forecasting a net budget pressure of £8.259m.

He highlighted the pressures faced by services and in particular, by Adult Services & Housing. These included: -

·       There were more people entering Council funded care than predicted, because of the accelerated discharge from the hospital discharge programme.

·       Unrecoverable costs of operating the Hospital Discharge Programme in Dorset and

·       Consequential impact on savings.

Significant work was on-going within all services to address the shortfall but there would remain challenges for the budget due to the continuing impact of Covid-19.

Members discussed the lasting effect of the Covid-19 “tail” on all service budgets, for example the impact of hospital discharges and care home costs. This was also recognised as a national challenge in the field of Adult Services.

Cabinet noted: -

(a)  the Senior Leadership Team’s forecast of outturn for the Council at the end of Qtr1 including progress of the transformation and tactical savings incorporated into the budget.

(b)  the size of the capital programme for 2021/22 including the slippage from previous years and the work taking place to review this position.

(c)  the opening position for the Medium-Term Financial Plan (MTFP) refresh and the budget timetable headlines.

(d)  the budget movements (virements) as set out within report.

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

Decision of the Portfolio Holder for Highways, Travel and Environment

(a)  That Low Carbon Dorset can issue a grant award letter for £1,500,000 to the Canford Renewable Energy project that has been approved by the Low Carbon Dorset Grants Panel and Board, given that the value is over the £500,000 threshold for Executive Director decision, be agreed

(b)  That, following any future decision by the Low Carbon Dorset grants panel and board to award grants over the key decision threshold of £500k, agreement to make any such award be delegated to the Executive Director for Place after consultation with the relevant portfolio holders. Any use of this proposed recommendation would be exercised transparently, being publicised in advance in the forward plan and afterwards in decision notices published on the Council’s website.

Decision - Low Carbon Dorset Grant payments Over £500,000 - Dorset Council (wdwp.local)

Reason for the Decision:

The Low Carbon Dorset grant fund and the method by which grants are paid out by Dorset Council and claimed back from the European Regional Development Fund has already been agreed by the predecessor Dorset County Council Cabinet. When the Low Carbon Dorset programme is successfully completed it will be cost neutral to Dorset Council. However, Cabinet is required to approve all key decisions with financial consequences of £500,000 or more.

The Portfolio Holder for Highways, Travel and Environment presented a report seeking grant funding of £1,500,000 to the Canford Renewable Energy project. He confirmed that the Low Carbon Dorset Grants Panel and Board had already approved the project, but it needed to come forward to Cabinet as the value of funding was over the £500,000 threshold for an Executive Director decision.

Cabinet members confirmed that they were “minded to” approve the recommendation as set out within the report.

Decision of the Portfolio Holder for Highways, Travel and Environment

(a)  That Low Carbon Dorset can issue a grant award letter for £1,500,000 to the Canford Renewable Energy project that has been approved by the Low Carbon Dorset Grants Panel and Board, given that the value is over the £500,000 threshold for Executive Director decision, be agreed

(b)  That, following any future decision by the Low Carbon Dorset grants panel and board to award grants over the key decision threshold of £500k, agreement to make any such award be delegated to the Executive Director for Place after consultation with the relevant portfolio holders. Any use of this proposed recommendation would be exercised transparently, being publicised in advance in the forward plan and afterwards in decision notices published on the Council’s website.

Decision - Low Carbon Dorset Grant payments Over £500,000 - Dorset Council (wdwp.local)

Reason for the Decision:

The Low Carbon Dorset grant fund and the method by which grants are paid out by Dorset Council and claimed back from the European Regional Development Fund has already been agreed by the predecessor Dorset County Council Cabinet. When the Low Carbon Dorset programme is successfully completed it will be cost neutral to Dorset Council. However, Cabinet is required to approve all key decisions with financial consequences of £500,000 or more.

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

Decision of the Portfolio Holder for Corporate Development and Change

(a)  That the decision for contract award, following conclusion of the procurement process, be delegated to Cllr Peter Wharf as Portfolio Holder, after consultation with Aidan Dunn, Executive Director – Corporate Development.

(b)  That the decision to enter into the necessary subsequent grant agreements with Building Digital UK (BDUK), which is part of the Department for Digital, Culture Media and Sports (DCMS) to delivery this programme of activity, be agreed and delegated to Cllr Peter Wharf as Portfolio Holder, after consultation with Aidan Dunn, Executive Director – Corporate Development.

Decision - Officer delegated decision for procurement of Gigabit Hub Connectivity in Rural Dorset (GHCiRD - Dorset Council (wdwp.local)

Reason for the decision:

To enable the GHCiRD (BDUK) project to complete due diligence, grant agreement, contract award and finalisation which will facilitate the quickest possible deployment by December 2022

The Portfolio Holder for Corporate Development and Change reported on the procurement on 110 sites associated within the Gigabit Hub Connectivity in rural Dorset. As a result of the procurement, he now sought support to delegate decisions to enable the work to continue, against a tight timescale, for a grant application and contract award in August 2021.

Cabinet members were “minded to” support that the delegated decision be given the Portfolio Holder to proceed.

The Portfolio Holder for Corporate Development and Changed confirmed his decision as set out below:-

Decision of the Portfolio Holder for Corporate Development and Change

(a)  That the decision for contract award, following conclusion of the procurement process, be delegated to Cllr Peter Wharf as Portfolio Holder, after consultation with Aidan Dunn, Executive Director – Corporate Development.

(b)  That the decision to enter into the necessary subsequent grant agreements with Building Digital UK (BDUK), which is part of the Department for Digital, Culture Media and Sports (DCMS) to delivery this programme of activity, be agreed and delegated to Cllr Peter Wharf as Portfolio Holder, after consultation with Aidan Dunn, Executive Director – Corporate Development.

Decision - Officer delegated decision for procurement of Gigabit Hub Connectivity in Rural Dorset (GHCiRD - Dorset Council (wdwp.local)

Reason for the decision:

To enable the GHCiRD (BDUK) project to complete due diligence, grant agreement, contract award and finalisation which will facilitate the quickest possible deployment by December 2022

To consider a report of the Portfolio Holder for Economic Growth, Assets and Property.

Decision of the Portfolio Holder for Economic Growth, Assets and Property

(a)  That the Asset Transfer Policy relating to the transfer of Council owned property assets of both Low and High Value to Town & Parish Councils together with Voluntary and Community based (third sector) organisations, be agreed

(b)  That authority be delegated to the Portfolio Holder for Economic Growth, Assets and Property and the Portfolio Holder for Customer Services & Communities when acting in agreement with each other the authority to determine and approve all such transfers including those decisions that amount to key decisions.

Prior notice will be given in the forward plan for any proposal relating to a transfer amounting to a key decision albeit that the two portfolio holders are identified as the decision makers instead of Cabinet.

Decision - Asset Transfer Policy - Dorset Council (wdwp.local)

Reason for the decision:

Dorset Council recognises that the devolution of assets to local communities, particularly to town and parish councils and voluntary and community based organisations (third sector) can make a significant contribution to enabling them to be stronger, more resilient and sustainable in order to support services within their local areas.

The Portfolio Holder for Economic Growth, Assets and Property presented a report on the development of a policy to facilitate and support communities to access council property assets,  whilst protecting the Council’s financial integrity, fiduciary duty and wider accountabilities.

He confirmed that the policy had been considered by the Place & Resources Overview Committee of the 1 June 2021 (extract minutes of that meeting were set out at appendix 3 to the report).

Cabinet members indicated that they were “minded to” agree the Asset Transfer Policy and associated delegation.  The Portfolio Holder confirmed and as out his decision.

Decision of the Portfolio Holder for Economic Growth, Assets and Property

(a)  That the Asset Transfer Policy relating to the transfer of Council owned property assets of both Low and High Value to Town & Parish Councils together with Voluntary and Community based (third sector) organisations, be agreed

(b)  That authority be delegated to the Portfolio Holder for Economic Growth, Assets and Property and the Portfolio Holder for Customer Services & Communities when acting in agreement with each other the authority to determine and approve all such transfers including those decisions that amount to key decisions.

Prior notice will be given in the forward plan for any proposal relating to a transfer amounting to a key decision albeit that the two portfolio holders are identified as the decision makers instead of Cabinet.

Decision - Asset Transfer Policy - Dorset Council (wdwp.local)

Reason for the decision

Dorset Council recognises that the devolution of assets to local communities, particularly to town and parish councils and voluntary and community based organisations (third sector) can make a significant contribution to enabling them to be stronger, more resilient and sustainable in order to support services within their local areas.

To consider a report of the Portfolio Holder for Planning.

Decision of the Portfolio Holder for Planning

(a)  That the revised timetable for the production of the Dorset Council Local Plan within the Local Development Scheme, be acknowledged and

(b)  This would come into effect as of the date of this meeting.

Decision - Local Development Scheme Update - Dorset Council (wdwp.local)

Reason for the decision:

To enable the publication of the updated Local Development Scheme to outline the revised timetable for the production of the Dorset Council Local Plan as required by section 15 of the Planning and Compulsory Purchase Act 2004 (as amended)

The Portfolio Holder for Planning set out a report on the proposed revised timetable to produce the Dorset Council Local Plan within the Local Development Scheme.

Cabinet members indicated their “mind to” view in support of the recommendations as set out in the report.  The Portfolio then confirmed his decision as follows: -

Decision of the Portfolio Holder for Planning

(a)  That the revised timetable for the production of the Dorset Council Local Plan within the Local Development Scheme, be acknowledged and

(b)  This would come into effect as of the date of this meeting.

Decision - Local Development Scheme Update - Dorset Council (wdwp.local)

Reason for the decision:

To enable the publication of the updated Local Development Scheme to outline the revised timetable for the production of the Dorset Council Local Plan as required by section 15 of the Planning and Compulsory Purchase Act 2004 (as amended)

To consider a report of the Portfolio Holder for Housing and Community Safety.

(a)  That the adoption of the Homelessness and Rough Sleeping Strategy 2021 - 2026 2, be approved.

(b)   That authority be delegated to the Portfolio holder for Housing and Community Safety to make minor amendments to the strategy and action plan and any amendments necessary to reflect legislative change.

Decision - Dorset Council Homelessness & Rough Sleeping Strategy 2021 - 2026 - Dorset Council (wdwp.local)

Reason for the decision:

To ensure Dorset Council has a legally compliant Homelessness and Rough Sleeping Strategy that meets our responsibility for tackling and preventing homelessness

The Portfolio Holder for Housing and Community Safety presented a report on the adoption of the Homelessness and Rough Sleeping Strategy 2021 – 2026.  He further advised that the design for the new strategy had also involved a working group led by People and Health Overview Committee and other additional councillors.

Non-executive members addressed the meeting and expressed their support for the proposed strategy.

Cabinet members were “minded to” support the recommendations as set out within the report.  Following this the Portfolio Holder confirmed his decision to adopt the Strategy.

Decision of the Portfolio Holder for Housing and Community Safety

(a)  That the adoption of the Homelessness and Rough Sleeping Strategy 2021 - 2026 2, be approved.

(b)   That authority be delegated to the Portfolio holder for Housing and Community Safety to make minor amendments to the strategy and action plan and any amendments necessary to reflect legislative change.

Decision - Dorset Council Homelessness & Rough Sleeping Strategy 2021 - 2026 - Dorset Council (wdwp.local)

Reason for the decision:

To ensure Dorset Council has a legally compliant Homelessness and Rough Sleeping Strategy that meets our responsibility for tackling and preventing homelessness

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

Appendix 1 (not for publication by virtue of paragraph of schedule 12A, Part 1 of the Local Government Act 1972, as amended).

Decision of the Portfolio Holder of Children, Education, Skills and Early Help

(a)  Support the use of the former Wimborne First School site, in School Lane Wimborne, to increase the capacity of Beaucroft School to create additional specialist provision for Dorset children and young people with Special Educational Needs and Disabilities (SEND).

(b)  That the budget allocation as set out in Appendix 3 to enable the project to be delivered, be approved and authority be delegated to the Executive Director for People – Children to enter into a construction contract at the appropriate time, in line with an existing delegation, subject to the outcome of the formal consultation process and provided the project is within the set budget level.

(c)  That the commencement of the required 4 week formal consultation period, in consultation with the Governors of Beaucroft School to formally expand the capacity of the Beaucroft Foundation School by more than 10% or 20 places, at the appropriate time, be agreed.

(d)  That a report will be brought back to Cabinet for a decision on the formal expansion of the school following the consultation process.

(e)  To lease the former Wimborne First School site to the Governors of Beaucroft School for use as post 16 provision on terms to be agreed by the Executive Director of Place, noting that further legal advice is being sought on this matter.

Decision - SEND Capital Strategy: Expansion of Beaucroft School - Dorset Council (wdwp.local)

Reason for the decision:

To support the delivery of this project as part of the Special Education Needs and Disabilities (SEND) Capital Strategy 2020 – 2025 which was approved by Dorset Council Cabinet at its meeting on 8th December 2020.

The Portfolio Holder for Children, Education, Skills and Early Help set out a report that outlined proposed work required to make the accommodation at Beaucroft School suitable for use as a special school. The project would allow the school to increase its capacity in the creation of Beaucroft College.

As the local ward member, Cllr S Bartlett spoke in support of the proposal and welcomed the proposed consultation process.

Cabinet members confirmed their “minded to” view to support the recommendations as set out in the report. The Portfolio Holder read out his decision in details and as set out below.

Decision of the Portfolio Holder of Children, Education, Skills and Early Help

(a)  Support the use of the former Wimborne First School site, in School Lane Wimborne, to increase the capacity of Beaucroft School to create additional specialist provision for Dorset children and young people with Special Educational Needs and Disabilities (SEND).

(b)  That the budget allocation as set out in Appendix 3 to enable the project to be delivered, be approved and authority be delegated to the Executive Director for People – Children to enter into a construction contract at the appropriate time, in line with an existing delegation, subject to the outcome of the formal consultation process and provided the project is within the set budget level.

(c)  That the commencement of the required 4-week formal consultation period, in consultation with the Governors of Beaucroft School to formally expand the capacity of the Beaucroft Foundation School by more than 10% or 20 places, at the appropriate time, be agreed.

(d)  That a report will be brought back to Cabinet for a decision on the formal expansion of the school following the consultation process.

(e)  To lease the former Wimborne First School site to the Governors of Beaucroft School for use as post 16 provision on terms to be agreed by the Executive Director of Place, noting that further legal advice is being sought on this matter.

Decision - SEND Capital Strategy: Expansion of Beaucroft School - Dorset Council (wdwp.local)

Reason for the decision:

To support the delivery of this project as part of the Special Education Needs and Disabilities (SEND) Capital Strategy 2020 – 2025 which was approved by Dorset Council Cabinet at its meeting on 8th December 2020.

Cabinet Portfolio Holder(s) and Lead Members  to report.

The Portfolio Holder update summaries were attached to these minutes as Appendix 3.

The Portfolio Holder for Childrens, Education, Skills and Early Help and the Cabinet lead member for Education advised on the following areas:

·       The work of the education scheme to support children to thrive in the difficult period of a pandemic

·       A Strategic Alliance Conference at the Dorset Centre of Excellence

·       A recent area cluster member engagement with eastern area councillors.  Further clusters would be held in the future.

·       An increase in numbers of children being home educated before and during the pandemic was causing concern

·       Member engagement and resident issues in respect of SEND provision, school transport and safeguarding.

Cabinet Portfolio Holders to report.

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

Cllr L Miller – report to People and Health Overview Committee in the autumn on Young adult transfer to Adult Services.

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

The Portfolio Holder for Highways, Travel and Environment advised that the Climate & Ecological Emergency Strategy was considered by Council on 15 July 2021 and had now be adopted.  He also advised on progress in relation to the decarbonisation work of council buildings.

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.

There were no urgent items considered at the meeting.

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

 It was proposed by Cllr P Wharf seconded by Cllr T Ferrari

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

To consider a report of the Portfolio Holder for Economic Growth, Assets and Property.

Decision of the Portfolio Holder for Economic Growth, Assets and Property

(a)  That the leasehold transaction as set out in the report be approved

(b)  That authority be delegated to the Portfolio Holder for Economic Growth, Assets & Property after consultation with the Executive Director for Place responsibility for agreeing the final terms of the sale

(c)  That authority be delegated to the Portfolio Holder of Economic Growth, Assets & Property in consultation with Executive Director for Place, the authority to approve future land sales at Dorset Innovation Park up to a value of £2m.

Decision - Land Sales and Future Process at Dorset Innovation Park - Dorset Council (wdwp.local)

Reason for decision:    

To facilitate land sales on Dorset Innovation Park in order to bring significant third-party investment to the park through the development of new high technology engineering facilities, thereby, satisfying the Park’s wider occupation policy and the Council’s economic development aims.

The Portfolio Holder for Economic Growth, Assets and Property presented a report on land sales and future process at Dorset Innovation Park.

Following discussion, Cabinet members expressed a “mind to” view in support of the report’s recommendations.

The Portfolio Holder confirmed his decision that was in accordance with the report’s recommendations.

Decision of the Portfolio Holder for Economic Growth, Assets and Property

(a)  That the leasehold transaction as set out in the report be approved

(b)  That authority be delegated to the Portfolio Holder for Economic Growth, Assets & Property after consultation with the Executive Director for Place responsibility for agreeing the final terms of the sale

(c)  That authority be delegated to the Portfolio Holder of Economic Growth, Assets & Property in consultation with Executive Director for Place, the authority to approve future land sales at Dorset Innovation Park up to a value of £2m.

Decision - Land Sales and Future Process at Dorset Innovation Park - Dorset Council (wdwp.local)

Reason for decision:    

To facilitate land sales on Dorset Innovation Park in order to bring significant third-party investment to the park through the development of new high technology engineering facilities, thereby, satisfying the Park’s wider occupation policy and the Council’s economic development aims.

To consider a report of the Portfolio Holder for Economic Growth, Assets and Property.

Decision of the Portfolio Holder for Economic Growth, Assets and Property

(a)  That the conditional sale of 1.67 acres of employment land at North Dorset Business Park, Sturminster Newton be approved, in accordance with the details set out in the exempt report.

Decision - North Dorset Business \Park Land Disposal - Dorset Council (wdwp.local)

Reason for decision: The proposed sale of the site, if planning is granted for the proposed use, will secure a major retailer for Sturminster Newton in an area that is undersupplied at present. The sale will bring forward the development of a currently constrained brownfield site with the creation of c 40 new permanent jobs for the area. 

The Portfolio Holder for Economic Growth, Assets and Property presented a report on North Dorset Business Park Land Disposal.

Following discussion, Cabinet members set out their “minded to” view to support the proposed recommendations.  The Portfolio Holder confirmed his decision as set out below: -

Decision of the Portfolio Holder for Economic Growth, Assets and Property

That the conditional sale of 1.67 acres of employment land at North Dorset Business Park, Sturminster Newton be approved, in accordance with the details set out in the exempt report.

Decision - North Dorset Business \Park Land Disposal - Dorset Council (wdwp.local)

Reason for decision: The proposed sale of the site, if planning is granted for the proposed use, will secure a major retailer for Sturminster Newton in an area that is undersupplied at present. The sale will bring forward the development of a currently constrained brownfield site with the creation of c 40 new permanent jobs for the area. 

Exempt appendix associated with the report “SEND Capital Strategy: Expansion of Beaucroft School”

(Not for publication by virtue of paragraph 3 of schedule 12A, Part 1 of the Local Government Act 1972, as amended)

The exempt appendix associated with the report “SEND Capital Strategy – Beaucroft School Expansion was made available to Cabinet.  However, members did not need to move into exempt business to discuss the detail of the confidential appendix.