That the parish of Lytchett Minster & Upton in Dorset be
designated a neighbourhood area, as proposed by Lytchett Minster & Upton
Town Council.
Scheme of delegation
Under the Officer Scheme of Delegation (April 2019), the
Executive Director of Place (now referred to as the Executive Director for
Economy and Environment) has the power (138) “To undertake all action in
relation to any function of the Council concerning neighbourhood planning” including
the power to make a final determination as to whether to designate a
neighbourhood plan area and/or make such an area a business area.
This power only applies, however, when there is insufficient
time to have the matter considered by the relevant committee as part of the
normal committee cycle; the Council is legally obliged to approve the
designation; and/or there has been no objection to the proposal submitted to
the Council within any relevant time for the submission of representations
which has not been withdrawn.
This power (138) with conditions / limitations has been
delegated to the Community Planning Manager though the Local Scheme of
Nomination for Planning Services (29 April 2022).
On this occasion, Dorset Council is legally obliged to
approve the application by the town council as it meets the requirements set
out in legislation (specifically the criteria set out in Regulation 5A, as explained
below). The conditions within the Officer Scheme of Delegation / Local Scheme
of Nomination have now been met and a decision should be made without delay.