Agenda and draft minutes

To confirm the minutes of the meeting held on 5 October 2023.

The minutes of the meeting held on 5 October 2023 were confirmed as a correct record and signed by the Chairman.

To disclose any pecuniary, other registrable or non-registrable interests 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 receive any updates from the Chairman of the Place and Resources Overview Committee.

There were no updates from the Chairman on this occasion.

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 lindsey.watson@dorsetcouncil.gov.uk  by 8.30am on 18 January 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 no questions or statements from members of the public or local organisations.

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 lindsey.watson@dorsetcouncil.gov.uk by 8.30am on 18 January 2024.

Dorset Council Constitution – Procedure Rule 13

There were no questions from councillors.

To consider a report of the Service Manager Business Operations.

The committee received and considered a report of the Service Manager Business Operations with regard to a review of the Dorset Council Community Asset Transfer Policy. The policy sought to recognise and maximise the benefit of devolution of assets to local communities, particularly to town and parish councils and provide clear guidance and support for applicants.

Councillors considered the issues arising from the report and during discussion, points were raised in the following areas:

·       The need for an appropriate councillor to have oversight and input on the decisions to transfer assets to the community

·       A request was made for an additional step in the process to invite ward councillors to comment on applications (once an expression of interest had been confirmed) rather than just being informed

·       The Monitoring Officer noted the importance of the proposed consultation role for ward councillors and confirmed that formal decision making was the responsibility of the relevant portfolio holder or officer with delegated powers

·       Recognition that some wards had more than one ward councillor which would need to be taken account of within the process

·       A discussion around the condition of an asset upon transfer and responsibility for undertaking a structural survey, which had to be the responsibility of the applicant organisation, with the council ensuring the organisation sought appropriate advice

·       The committee opposed the proposal that the council in transferring an asset should retain the right to use the asset at no cost and asked that this should be reviewed

·       Resources available for the process

·       An officer discussion would take place on the timing for the implementation of the policy in case of any concerns about an implementation during the sensitive pre-election period

·       A discussion was held around the risks and liabilities of the asset transfer process

·       Councillors did not agree that a charge should be made to applicants for the expression of interest stage.

The Chairman summed up the recommendations of the committee as set out below.

Recommendation to Cabinet

That the revised policy and processes for assessing and determining Community Asset Transfer applications be agreed subject to the following recommendations from the Place and Resources Overview Committee:

a)    That the requirement for an organisation to provide free access to the asset to Dorset Council following transfer, be removed

b)    That relevant ward councillors are consulted on an asset transfer application, after an expression of interest is confirmed as valid

c)    That a mechanism for the appropriate councillor involvement in the community asset transfer policy decision-making process be explored

d)    That Dorset Council provides relevant information held in respect of an asset, to an organisation as part of the asset transfer process.

To review the Place and Resources Overview Committee Work Programme.

To review the Cabinet Forward Plan.

Councillors noted the committee’s work programme and it was noted that a review of policies was to be undertaken and prioritised for review by the committee.  The position with highways related policies would be clarified.

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.

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 x 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.  

There are no exempt items scheduled for this meeting.

There was no exempt business.