Agenda, decisions and minutes

To confirm the minutes of the meeting held on 11 June 2023.

The minutes of the meeting held on 11 June 2024 were confirmed as a correct record and signed by the Chair.

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.

Representatives of town or parish councils and members of the public who live, work, or represent an organisation within the Dorset Council area are welcome to submit either 1 question or 1 statement for each meeting.  You are welcome to attend the meeting in person or via MS Teams to read out your question and to receive the response.   If you submit a statement for the committee this will be circulated to all members of the committee in advance of the meeting as a supplement to the agenda and appended to the minutes for the formal record but will not be read out at the meeting. The first 8 questions and the first 8 statements received from members of the public or organisations for each meeting will be accepted on a first come first served basis in accordance with the deadline set out below.  Further information read Public Participation - Dorset Council

All submissions must be emailed in full to Kate.Critchel@dorsetcouncil.gov.uk  by 8.30am on Thursday 4 July 2024.

When submitting your question or statement please note that:

•         You can submit 1 question or 1 statement.

•         a question may include a short pre-amble to set the context.

•         It must be a single question and any sub-divided questions will not be permitted.

•         Each question will consist of no more than 450 words, and you will be given up to 3 minutes to present your question.

•         when submitting a question please indicate who the question is for (e.g., the name of the committee or Portfolio Holder)

•         Include your name, address, and contact details.  Only your name will be published but we may need your other details to contact you about your question or statement in advance of the meeting.

•         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.  

There were 8 questions and 1 statement from the public.  A copy of the full questions, statement and the detailed responses are set out in Appendix 1 to these minutes.

To receive questions submitted by councillors.  

Councillors can submit up to two valid questions at each meeting and sub divided questions count towards this total.   Questions and statements received will be published as a supplement to the agenda and all questions, statements and responses will be published in full within the minutes of the meeting. 

The submissions must be emailed in full to kate.critchel@dorsetcouncil.gov.uk  8.30am on Thursday 4 July 2024. 

Dorset Council Constitution – Procedure Rule 13 

There was 1 question from Councillor J Somper; this along with the response is set out in Appendix 2 to these minutes.

To consider the Cabinet Forward Plan.

The draft Cabinet Forward Plan for September 2024 was received and noted.

The Leader of the Council and the Cabinet Member for Children’s Services, Education and Skills reported that Theresa Leavy, the Executive Director for People – Children’s was leaving the Council after 5 years of service.

They took this opportunity to pay tribute to her achievements, outstanding leadership and wished her every success for the future.  

To consider a report of the Cabinet Member for Children’s Services, Education and Skills.

Decision

That the contents of the Annual Self-Evaluation of Children’s Services for May 2024 be noted.

Reason for the decision

The requirement to produce an Annual Self Evaluation was part of the Ofsted Inspection Framework of Children’s Services.  The report to Cabinet provided members with an overview of progress and highlighted strengths and areas for development for the next 12 months.

The Cabinet Member for Children’s Services, Education and Skills presented a report that provided oversight and assurance that Dorset effectively discharged its statutory duties within children’s services. Every year, each local authority must undertake a self-evaluation against the published inspection criteria focusing on the experience and progress of children who need protecting and providing an overview of education and learning outcomes for children and young people. 

The Cabinet Member took the opportunity to highlight the council’s strengths and the hard work taking place within the service.

In response to questions, the Executive Director for People (Children’s) advised that she was hopeful that the funding for the ‘Pathfinder’ opportunity would continue beyond the autumn. If it didn’t, that would present the Council with budget challenges. However, children’s services would continue to strive to provide the best options and value for the service.

Responding to questions around the Chickerell Camp provision and the local primary schools, the Executive Director for People (Children’s) advised that the families staying at the camp had “entitled persons status” but that they had not been expected to stay in this temporary provision for as long as they had.

Unfortunately, the current arrangement did not provide for any additional funding and moving these families into more settled homes was proving to be challenging. However, the service would continue to support these families at their point of need and discussions were taking place with the MOD to ensure that these families received the best possible support.

In response to a suggestion by Cllr S Clifford, members agreed that a cross-party letter be sent to central government seeking fairer funding for Dorset schools in respect of this issue.

It was proposed by Cllr C Sutton seconded by Cllr R Holloway

Decision

That the contents of the Annual Self-Evaluation of Children’s Services for May 2024 be noted.

Reason for the decision

The requirement to produce an Annual Self Evaluation was part of the Ofsted Inspection Framework of Children’s Services.  The report to Cabinet provided members with an overview of progress and highlighted strengths and areas for development for the next 12 months.

To consider a report of the Cabinet Member for Place Commissioned Services.

(a)           That full funding for the stabilisation scheme be approved with the additional funding achieved through reprofiling the existing Highway budgets for the financial years 2025/26 and 2026/2027.

(b)           That Cabinet authorise the use of the Council’s powers of compulsory acquisition under section 102, 239, 249 and 250 of the Highways Act 1980 and the Acquisition of Land Act 1981 and such other powers as may be appropriate to secure a compulsory purchase order (‘the CPO’) to acquire:

·       All land, interests, and rights in respect of the areas of land shown edged red and shaded pink on the Order map at Appendix D of the report to Cabinet - 9 July 2024 and

·       New rights over the land shown edged red and shaded blue on the Order map at Appendix D of the report to Cabinet - 9 July 2024

(c)           That authority be delegated to the Interim Lead for Place (including any officer nominated by them):

·       To take all necessary steps to secure he preparation, making and submission to the Secretary of State for Transport or the confirmation and implementation of the CPO including (but not limited to) drafting and publishing the Statement of Reasons; the publication, advertisement, notification and service of all necessary notices; the investigation of and responses to objections; and the presentation of the Council’s case at any public inquiry or other examination procedure.

·       To continue to negotiate to acquire the necessary land and new rights by agreement and to acquire the same by private treaty if agreement can be reached.

·       To make minor amendments, modifications, and deletions to the CPO and/ or the Order Map including (but not limited to) to the land or new rights required should this be considered appropriate.

·       If the CPO is confirmed, they take all necessary steps including (but not limited to ) to advertise the confirmation, of the CPO and serve all necessary notices of the confirmation and once the CPO becomes operative to execute General Vesting Declarations under the Compulsory Purchase (Vesting Declarations) Act 1981 and/ or to serve all necessary notices including serving Notices to Treat and Notices of Entry following confirmation of the CPO if required so that the land subject to the CPO vests in the Council.

·       To take all steps in relation to any leal proceedings relating to the CPO including defending or settling claims referred to the Upper Tribunal and/or applications to the courts and any appeals.

Reason for the decision

To deliver the stabilisation scheme approved by Cabinet.

The impact of a major slope failure would be high in respect of health and safety and financial implications. Possible consequences included loss of life, multiple major injuries, 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. Negotiations had taken place over a considerable amount of time, and it had not so far been possible to reach a formal agreement.

Compulsory purchase powers were therefore sought to enable the  ...  view the full decision text for item 19.

To consider a report of the Cabinet Member for Place Commissioned Services.

That Cabinet agreed;

(a)           To begin the procurement procedure as described in the report to Cabinet of 9 July 2024.

(b)           That the further step of making any contract award be delegated to the Cabinet member for Place Commissioned Services in consultation with the Interim Lead for Place and having regard to the recommendations of the Electric Vehicle Charging Infrastructure Programme Board chaired by the Head of Dorset Highways.  

Reason for the decision

Cabinet was required to approve all key decisions with financial consequences of £500k or more.

The Leader of the Council presented a report on a joint venture with BCP Council for a planned procurement activity for the installation and operation of Electric Vehicle Charging Infrastructure.

There was no proposed cost to Dorset Council as the procurement was conditional on a £2.49 million Local Electric Vehicle Infrastructure (LEVI) funding award by the Office for Zero Emission Vehicles.

In response to a question around rural access to electric vehicle charging, the Transport Planning Projects Team Manager confirmed that a programme of work was on-going for local villages to apply for on-street charging. It was also confirmed that local councillors would be consulted on the placement of these on-street residential charging sites.

The Transport Planning Projects Team Manager confirmed that BCP would lead on the procurement, but Dorset Council officers would be fully involved in the process. Regarding electricity capacity concerns, the Transport Planning Project Team Manager confirmed that officers worked closely with local network providers who had given assurance that in terms of the plans being put forward, there was enough grid capacity for these chargers.

It was proposed by Cllr N Ireland seconded by Cllr S Robinson

Decision

That Cabinet agreed;

(a)           To begin the procurement procedure as described in the report to Cabinet of 9 July 2024.

(b)           That the further step of making any contract award be delegated to the Cabinet Member for Place Commissioned Services in consultation with the Interim Lead for Place and having regard to the recommendations of the Electric Vehicle Charging Infrastructure Programme Board chaired by the Head of Dorset Highways. 

Reason for the decision

Cabinet was required to approve all key decisions with financial consequences of £500k or more.

To consider a report of the Leader of the Council.

That the project be approved, and the Executive Lead for Place enter into the funding agreement for both Phase 1 and Phase 2 via the scheme of delegation.

Reason for the decision

Funding had been secured externally and the project delivery would make a positive impact on the residents of Dorset.

This contributed towards Dorset Council’s Plan 2022-2024 priorities of ‘protection of our natural environment, climate and ecology’ and ‘stronger, healthier communities’.

The Leader of the Council presented a report on an offer for funding made by the Environment Agency to the Dorset National Landscape team to deliver a project in the Brit Catchment.  This would cover the areas of Bridport, Eggardon, Beaminster and Marshwood Vale.  Dorset National Landscape Partnership was hosted by Dorset Council and members were asked to accept the offer securing Phase 1 and Phase 2 of the project.

It was proposed by Cllr R Holloway and seconded by Cllr R Hope

Decision

That the project be approved, and the Executive Lead for Place enter into the funding agreement for both Phase 1 and Phase 2 via the scheme of delegation.

Reason for the decision

Funding had been secured externally and the project delivery would make a positive impact on the residents of Dorset.

This contributed towards Dorset Council’s Plan 2022-2024 priorities of ‘protection of our natural environment, climate and ecology’ and ‘stronger, healthier communities’.

To consider a report of the Leader of the Council.

That the project be approved, and the Executive Lead for Place enter into the funding agreement via the scheme of delegation.

Reason for the decision

Funding had been secured externally and the project deliverables would make a positive impact on the health and wellbeing of Dorset residents and the heritage of Dorset.  This contributed towards Dorset Council’s Plan 2022-24 priorities of ‘stronger, healthier communities’ and ‘protection of our natural environment, climate and ecology.

Cabinet Members considered a report seeking approval to create a Nature Buddies Network across Dorset and accept a grant offer from the National Lottery Heritage Fund to support the project.

It was proposed by Cllr S Bartlett and seconded by Cllr R Hope.

Decision

That the project be approved, and the Executive Lead for Place enter into the funding agreement via the scheme of delegation.

Reason for the decision

Funding had been secured externally and the project deliverables would make a positive impact on the health and wellbeing of Dorset residents and the heritage of Dorset.  This contributed towards Dorset Council’s Plan 2022-24 priorities of ‘stronger, healthier communities’ and ‘protection of our natural environment, climate and ecology.

To consider a report of the Cabinet Member for Property & Assets, Economic Growth & Levelling Up.

(a)               That Cabinet supports Dorset Council applying to VisitEngland for the establishment of a Dorset Local Visitor Economy Partnership (LVEP)

(b)               That Cabinet endorse Dorset Council assuming the role of Accountable Body for the proposed LVEP.

(c)               That authority be delegated to the Executive Lead for Place, in consultation with the appropriate Cabinet member and Section 151 Officer, to agree:

·       The terms of any LVEP agreement between Dorset Council and VisitEngland

·       The terms of any partnership agreement between Dorset LVEP members and

·       Dorset LVEP governance arrangements.

Reason for the decision

Following the government commissioned Du Bois review of Destination Management Organisations, direct government support through VisitEngland would be channelled exclusively through LVEPs. If Dorset wished to benefit from this support, it needed to be part of an LVEP.

Guidance from VisitEngland suggested an LVEP covering the Dorset Council and BCP Council areas was a suitable functional area of sufficient size for an LVEP. The Dorset Council area alone was not of sufficient scale.

The Cabinet Member for Property & Assets and Economic Growth presented a report on a recent designation of ‘Local Visitor Economy Partnership’(LVEP) created by VisitEngland, to support and grow the visitor economy through robust destination management, strong stakeholder relationships and clear planning.

Members were asked to support the establishment of a Dorset LVEP, which would put Dorset on an even footing with 33 other English areas with recently established LVEPs.

It was proposed by Cllr S Bartlett and seconded by Cllr G Taylor

Decision

(a)           That Cabinet supports Dorset Council applying to VisitEngland for the establishment of a Dorset Local Visitor Economy Partnership (LVEP)

(b)           That Cabinet endorse Dorset Council assuming the role of Accountable Body for the proposed LVEP.

(c)           That authority be delegated to the Executive Lead for Place, in consultation with the appropriate Cabinet Member and Section 151 Officer, to agree:

·               The terms of any LVEP agreement between Dorset Council and VisitEngland

·               The terms of any partnership agreement between Dorset LVEP members and

·               Dorset LVEP governance arrangements.

Reason for the decision

Following the government commissioned Du Bois review of Destination Management Organisations, direct government support through VisitEngland would be channelled exclusively through LVEPs. If Dorset wished to benefit from this support, it needed to be part of an LVEP.

Guidance from VisitEngland suggested an LVEP covering the Dorset Council and BCP Council areas was a suitable functional area of sufficient size for an LVEP. The Dorset Council area alone was not of sufficient scale.

To consider a report of the Cabinet Member for Planning and Emergency Planning.

(a)           That the Council ‘makes’ the Buckhorn Weston and Kington Magna Neighbourhood Plan 2021 to 2038 (as set out in Appendix A of the report to Cabinet of 9 July 2024) part of the statutory development plan for the Buckhorn Weston and Kington Magna Neighbourhood Area.

(b)           That the Council offers its congratulations to Buckhorn Weston and Kington Magna Parish Council and members of the Neighbourhood Plan Group for producing a successful neighbourhood plan.

Reason for the decision

To formally ‘make’ the Buckhorn Weston and Kington Magna Neighbourhood Plan 2021 to 2038 (as set out in Appendix A of the report to Cabinet of 9 July 2024) part of the statutory development plan for the Buckhorn Weston and Kington Magna Neighbourhood Area. In addition, to recognise the significant amount of work undertaken by the Parish Council and members of the Neighbourhood Plan Group in preparing the plan and to congratulate the Council and the Group on their success.

The Cabinet Member for Planning and Emergency Planning presented the report and set out the recommendation to make the Buckhorn Weston and Kington Magna Neighbourhood Plan. He also took this opportunity to congratulate Buckhorn Weston and Kington Magna Parish Council and members of the Neighbourhood Plan Group on producing a successful plan.

The proposal was seconded by Cllr R Holloway

Decision

(a)           That the Council ‘makes’ the Buckhorn Weston and Kington Magna Neighbourhood Plan 2021 to 2038 (as set out in Appendix A of the report to Cabinet of 9 July 2024) part of the statutory development plan for the Buckhorn Weston and Kington Magna Neighbourhood Area.

(b)           That the Council offers its congratulations to Buckhorn Weston and Kington Magna Parish Council and members of the Neighbourhood Plan Group for producing a successful neighbourhood plan.

Reason for the decision

To formally ‘make’ the Buckhorn Weston and Kington Magna Neighbourhood Plan 2021 to 2038 (as set out in Appendix A of the report to Cabinet of 9 July 2024) part of the statutory development plan for the Buckhorn Weston and Kington Magna Neighbourhood Area. In addition, to recognise the significant amount of work undertaken by the Parish Council and members of the Neighbourhood Plan Group in preparing the plan and to congratulate the Council and the Group on their success.

To consider a recommendation from the People & Health Overview Committee.

The Cabinet Member for Children’s, Education and Skills set out the recommendation to Full Council to approve the Youth Justice Plan for 2024/25.

Recommendation to Full Council

That the Youth Justice Plan 2024/25 be approved.

Reason for the recommendation

Youth Justice Services were required to publish an annual Youth Justice Plan which should be approved by the Local Authority for that Youth Justice Service. Dorset Combined Youth Justice Service worked across both Bournemouth, Christchurch and Poole Council and Dorset Council. Approval was therefore sought from both Dorset Council and from Bournemouth, Christchurch and Poole Council.

To consider a report of the Leader of the Council.

(a)           Cabinet agrees to the content and publication of the proposed Productivity Plan prior to 19 July 2024.

(b)           That authority be delegated to the Leader of Council in consultation with the Chief Executive, the ability to amend the Productivity report, in order to comply with any revised guidance that the new government may produce, before the report is due for submission on 19 July 2024.

Any amendments would be circulated to all members of council for information, and these would be reported at the next available opportunity.

Reason for the decision

All local authorities were required to ensure their own Productivity Plan had member oversight and endorsement, following which the Department for Levelling Up Housing and Communities had requested that each local authority returned their own plan to the DLUHC by 19 July 2024.

The Leader of the Council presented the report and advised that in a written ministerial statement following the local government finance settlement for 2024/25, the Secretary of State for the Department for Levelling Up, Housing and Communities (DLUHC) set out the requirements for local authorities to develop and share a Productivity Plan.

Subsequently, the Council received a letter from the Minister of Local Government (at the time) on expected content of the Plan. The submission date was not until the 19 July 2024 and given that there had now been a change in government and additional changes to DLUHC, the status of the plan may change. However, at present, councils were required to submit a Productivity Plan and members were asked to approve the report recommendation including an additional recommendation put by the Chair.

It was proposed by Cllr R Holloway and seconded by Cllr S Clifford

Decision

(a)           Cabinet agrees to the content and publication of the proposed Productivity Plan prior to 19 July 2024.

(b)           That authority be delegated to the Leader of Council in consultation with the Chief Executive, the ability to amend the Productivity report, in order to comply with any revised guidance that the new government may produce, before the report is due for submission on 19 July 2024.

Any amendments would be circulated to all members of council for information, and these would be reported at the next available opportunity.

Reason for the decision

All local authorities were required to ensure their own Productivity Plan had member oversight and endorsement, following which the Department for Levelling Up Housing and Communities had requested that each local authority returned their own plan to the DLUHC by 19 July 2024.

To consider a report of the Cabinet Member for Public Health, Environmental Health, Housing Community Safety and Regulatory Service and Cabinet Member for Adult Social Care.

Exempt Appendix 4 associated with this report is set out below at item 19 in the agenda.

(a)           Cabinet agreed to adopt the Extra Care Housing Strategic Statement and Appendices as Dorset Council’s publicly stated strategic direction as part of the suite of Adult Social Care Commissioning Strategies.

(b)           That, in principle, the use of Dorset Council land assets to deliver these development projects be approved, with the inclusion of specific sites to be agreed by the Executive Lead for the Place Directorate, in consultation with the Cabinet Member for Assets and Regeneration.

(c)           That public procurement for a Strategic Development Partner as the preferred delivery mechanism be agreed, and the commencement of this procurement process, be approved.

(d)           That authority be delegated to the Executive Director for People (Adults) and the Executive Director for Corporate Development, acting jointly:

a.    To agree the terms for the agreement with the Strategic Development Partner, and

b. To award the Strategic Partnership Agreement to the preferred bidder. The final award decision shall be made in consultation with the Cabinet Member for Public Health, Environmental Health, Housing, Community Safety and Regulatory Service, and the Cabinet Member for Adult Social Care.

(e)           That the terms of the property related transactions (whether freehold, leasehold, or contractual dispositions) be agreed in project-specific development agreements with the selected Strategic Development Partner.

(f)             That the decision to complete each development agreement be taken by the Executive Director for People (Adults and Housing), the Executive Lead for the Place Directorate and the Executive Director for Corporate Development acting jointly.

Reason for the decision

Extra Care Housing was the preferred service option for older people who need 24-hour Care and Support, but who could remain independent in a home of their own with the right support. By setting out the Dorset Council strategic priorities, Cabinet gave a clear signal to the market of the Council’s intentions and its commitment to increasing the supply of Extra Care Housing in Dorset.

The Cabinet Member for Health and Housing presented the report on the Extra Care Housing Strategy and Accommodation with Support Programme. The strategy established a vision for Extra Care Housing as an effective way to support people with multiple health and care needs whilst remaining independent in a home of their own. The approach also provided for an alternative to more institutional forms of care and a modern solution to enable people to remain more independent whilst receiving care and support.

In presenting the report, the Cabinet Member acknowledged the work carried out by the People & Health Overview Committee and their amendment to the original recommendations.  However, the Cabinet Member proposed that the recommendations 1 to 6 go forward and that recommendation 7 be removed.

The Cabinet Member for Adult Social Care spoke in support of the recommendations and seconded the motion.

In response to comments and questions from non-executive members regarding directly developing these schemes within the Council, the Cabinet Member advised that it would not be judged to be possible or desirable for the reasons set out in the report. She reminded members that the project would be expected to attract over £60 million in terms of investment into Dorset.

Decision

(a)           Cabinet agreed to adopt the Extra Care Housing Strategic Statement and Appendices as Dorset Council’s publicly stated strategic direction as part of the suite of Adult Social Care Commissioning Strategies.

(b)           That, in principle, the use of Dorset Council land assets to deliver these development projects be approved, with the inclusion of specific sites to be agreed by the Executive Lead for the Place Directorate, in consultation with the Cabinet Member for Assets and Regeneration.

(c)           That public procurement for a Strategic Development Partner as the preferred delivery mechanism be agreed, and the commencement of this procurement process, be approved.

(d)           That authority be delegated to the Executive Director for People (Adults) and the Executive Director for Corporate Development, acting jointly:

a.    To agree the terms for the agreement with the Strategic Development Partner, and

b. To award the Strategic Partnership Agreement to the preferred bidder. The final award decision shall be made in consultation with the Cabinet Member for Public Health, Environmental Health, Housing, Community Safety and Regulatory Service, and the Cabinet Member for Adult Social Care.

(e)           That the terms of the property related transactions (whether freehold, leasehold, or contractual dispositions) be agreed in project-specific development agreements with the selected Strategic Development Partner.

(f)             That the decision to complete each development agreement be taken by the Executive Director for People (Adults and Housing), the Executive Lead for the Place Directorate and the Executive Director for Corporate Development acting jointly.

Reason for the decision

Extra Care Housing was the preferred service option for older people who need 24-hour Care and Support, but who could remain independent in a home of their own with the right support. By setting out the Dorset Council strategic priorities, Cabinet gave a clear signal to the market of the Council’s  ...  view the full minutes text for item 27.

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.

Recommendation

That in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in item No 9 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 3 of Part 1 of schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

The public and the press will be asked to leave the meeting whilst the item of business is considered. (Any live streaming will end at this juncture).

Reason for taking the item in private

Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information).

 There was no exempt business discussed.

Exempt Appendix 4 associated with item 15 above “Extra Care Housing Strategy & Accommodation with support programme”.

The exempt appendix (4) associated with the report ‘Extra Care Housing Strategy & Accommodation with Support Programme’ had been made available to members of the Cabinet.  However, the meeting did not need to move into exempt business to discuss this information.