Decisions

For the Decision

The introduction of a One-Way Street restriction will allow the widening of the footway on part of the eastern side of Station Road (Higher) to increase pedestrian safety and hope to encourage a modal shift. Cllr Belinda Ridout felt the Committee had been given a comprehensive presentation which was part of the Gillingham growth project to improve Gillingham. It was part of a much wider scheme of improvements and did not remove any car parking. There had been a lot of work on public engagement and all the main consultees were in agreement.

Alternative Options considered and rejected

A full consultation exercise was carried out. Allowing bicycles to continue to use Station Road (Higher) in both directions was considered as part of the scheme  design however the road is already very narrow.

In order to improve the pedestrian environment, the scheme proposes to widen the footway on the eastern side by reducing the carriageway to one-way. A contra-flow (i.e.two-way) cycle lane would necessitate making one of the footways narrower than they are currently, and they are both already sub-standard – pushchairs and mobility scooters already struggle. The running carriageway width would be 3.5m, which is wide enough for buses or a fire

engine, but not wide enough to make it feel open. The scheme designer was extremely concerned about the safety of cyclists if they were permitted to use Station Road as a contra-flow – there is potential conflict with

large vehicles, parked cars, side accesses and narrow footways.

Budget Implications

The cost estimate for the proposed One-Way Street restriction on Station Road (Higher) and widening of the footway to improve the pedestrian environment is approximately £120,000. The costs associated with the proposals will be met from the Dorset LEP funding.

Legal Implications – None

Any Conflict of Interest – None

Northern Area Planning Committee:

Decision

That having considered the representations received in response to public advertisement and the officers report, that the Portfolio Holder be recommended to implement the Traffic Regulation Order as advertised.

Reason for Decision

The new landowner does not wish to proceed with the diversion order; and

The applicant has agreed to the abandonment of the Order with no refund of costs.

Alternative options considered and rejected

Confirmation of Order - The works needed to create the new footpaths have not been carried out and the landowner has specified that he is not willing to install the necessary fencing. If the Order was confirmed, and the required works are not carried out it is likely that the Order would never come into effect.

Decision

Dorset County Council (Parts of Footpaths 4 and 5, Whitcombe) Public Path Diversion Order 2014.

The recommendations were that:

The Dorset County Council (Parts of Footpaths 4 and 5, Whitcombe) Public Path Diversion Order 2014 be formally abandoned; and

There will be no refund to the applicant of any costs paid to Dorset Council associated with the Order.

Reason for Decision

Dorset Council has received a neighbourhood plan area application from Weymouth Town Council. 

Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016, Regulation 5A states that where:

a)    a local planning authority receives an area application from a parish council;

b)    the area specified in the application consists of the whole of the parish council’s area; and

c)    if any part of the specified area is part of a neighbourhood plan area, none of that neighbourhood area extends outside the parish council’s area;

the local planning authority must exercise their powers under section 61G of the 1990 Act to designate the specified area as a neighbourhood plan area.

Regulation 5A also states that where this regulation applies, regulations 6 and 6A (which require consultation) do not apply. 

These provisions are summarised in Paragraph 032 (Reference ID: 41-032-20170728) of the neighbourhood planning section of the national Planning Practice Guidance (PPG). This states:

“Where a parish council applies for the whole of the area of the parish to be designated as a neighbourhood area, the local planning authority must designate the whole of the area applied for. This includes where a parish applies to extend its existing neighbourhood area to its parish boundary. Exceptions to this are where the area applied for:

·         has already been designated as a neighbourhood area which extends beyond the parish boundary; or

·         forms part of another application that has not yet been determined.”

Other provisions in the 2016 Regulations also indicate that in the circumstances outlined above, there is no requirement for a local planning authority to consult on the proposed neighbourhood plan area. However, the responsibility for designation still rests with the Council.

In the case of Weymouth Town Council, they are a qualifying body applying for the whole of their parish area to be designated and none of the exceptions in Paragraph 032 of the neighbourhood planning section of the PPG apply. Weymouth Town Council do however have an existing Neighbourhood Area already designated in their area (the Sutton Poyntz NP area) inherited from the former Sutton Poyntz Society (a NP Forum). The Neighbourhood Forum ceased on the 1st April 2019 with all Neighbourhood Planning responsibility transferred to Weymouth Town Council at that time. The Sutton Poyntz NP was ‘made’ on 5^th May 2020 with the Sutton Poyntz area no longer required to progress this plan. Their proposed application is therefore in effect an extension to their existing Neighbourhood Area up to its full parish boundary and a change in its name from Sutton Poyntz to Weymouth. PPG, paragraph 032 specifically mentions and supports this scenario with two exceptions of which neither applies.

Under the 2016 Regulations there is, therefore, no requirement to consult on the application and the Council “must designate the whole of the area applied for”.

Scheme of delegation

Under the officer scheme of delegation (April 2019), the Executive Director of Place has 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”.

The Local Scheme of Nomination (April 2019) sets out which functions have been nominated by the Executive Director of Place and any conditions or limitations. This includes the power “to designate neighbourhood plan areas (where the Council must exercise its powers to designate the specified area applied for as a neighbourhood plan area) and neighbourhood forums”. The only condition / limitation is that the “Ward members and the relevant Portfolio Holder being informed”.

Alternative options considered and rejected

As a valid application has been received from Weymouth Town Council, the Council must designate a neighbourhood area.

Business Area

Section 61H of the Town and Country Planning Act 1990, as amended by the Localism Act 2011, requires that when designating a neighbourhood area, a local planning authority should consider whether the area concerned should be designated as a business area. If a business area is designated, local businesses would have the opportunity to be more involved in the formation of the neighbourhood plan and would get an opportunity to vote (alongside registered electors) in the later referendum on whether the neighbourhood plan should come into force. However, this section of the Act also makes it clear that a neighbourhood area should only be designated as a business area if it is “wholly or predominantly business in nature”.

Although the proposed Weymouth neighbourhood area contains a town centre and several industrial estates (Mount Pleasant Business Park), it also includes areas of residential development and significant areas of countryside and on this basis it is not considered appropriate to designate the neighbourhood area as a business area.

Decision

That the neighbourhood plan area following the parish boundary of Weymouth, as proposed by, Weymouth Town Council, be designated.

It is not proposed to designate the Weymouth neighbourhood area as a business area.

Scheme of delegation (April 2019) delegation No 138, additional delegations to the Executive Director, Place.  

(Decisions included can be executive or non-executive in nature, depending on the delegation given.  Please state if the delegation was granted by the Cabinet or any other Committee or is detailed within the Scheme of Delegation in the Council’s Constitution.)

Decision

That working with Dorset and Wiltshire Fire and Rescue and other partners Cabinet:-

(i)         Authorise officers to proceed with detailed work to establish an options paper that looks at both the legislative as well as other alternatives available to control or prohibit barbeques and other fire related activities relating to Dorset Council area.

(ii)        Continue to support, until any further formal measures are put in place, the ongoing publicity campaign throughout the summer months in conjunction with partners. This will include the continued use of targeted signage at certain locations as well as supporting a range of social media campaigns 

Reason for Recommendation:    

To protect:

·         Dorset’s habitat, ecology and wildlife

·         Human health

·         Dorset Council’s and private property

·         And to support the safety of Dorset’s emergency services and Dorset Council staff

Decision

(a)       That the initial impact of the ‘lockdown’ phase of COVID-19 on                    vulnerable groups in Dorset (attached at appendix 1) be noted;

(b)       That the findings of a series of round-table discussions with Councillors   as summarised at appendix 2, be noted;

(c)        That the an ongoing assessment of the impact on vulnerable groups          through subsequent phases of the pandemic be agreed;

(d)       That the action plan outlined at section 5 of appendix 1 be agreed; and

(e)       That the initial assessment undertaken largely by staff ‘released’ from core roles to assist with the covid-19 response be noted and the actions set out in section 5 require appropriate resourcing and oversight.

(f)        That the report be referred to People Scrutiny Committee for  consideration.

Reason for Recommendation:  To ensure that Cabinet is aware of the impact of COVID-19 on Dorset’s vulnerable communities and responds accordingly. 

Decision

(a)       That the continued COVID-19 emergency response in relation to the organisational reset and planned incident recovery be noted;

(b)       That a review of the Dorset Council Plan is considered in light of the organisational reset and recovery;

(c)        That the report be referred to the next meeting of Resources Scrutiny Committee for consideration.

Reason for Recommendation:  To ensure that Cabinet is aware of the impact of COVID-19 on Dorset’s vulnerable communities and responds accordingly. 

The Portfolio Holder for Housing and Community Safety advised that Community Safety Partnerships (CSP) were required to produce three-year Community Safety Plans that were revised annually. The Dorset CSP agreed it’s 2020-2023 Plan at its meeting on 9 March 2020.

Members were further advised that the Plan had been developed by analysing information and data and was informed by the findings of public consultation. Place Scrutiny Committee had also considered the process by which the CSP would develop the Plan at it’s meeting on 30 January 2020. The Portfolio Holder confirmed that Dorset Council was under a legal duty to work with the responsible authorities to identify and tackle community safety issues in its area and recommended the Plans adoption.

Recommendation to Full Council

That the Community Safety Plan 2020-23 be recommended to Dorset Council for adoption.

Decision

(a)       That the draft Gambling Policy 2021-2024, as set out in appendix A, be agreed and published for a period of public consultation of not less than 12 weeks;

(b)       That, subject to there being no relevant representations, the Service Manager for Licensing & Community Safety, in consultation with the Chairman of the Licensing Committee recommends to the Council adoption of the Draft Gambling Licensing Policy;

(c)        Should relevant representations be received, which require consideration of one or more significant amendments to the policy, officers be instructed to bring a further report to the meeting of the Licensing Committee with the outcomes of the consultation.

Reason for Recommendations:   

To comply with legislative requirements,

To ensure openness and transparency in the Council’s decision making, and

To ensure that those persons affected by the policy are given the opportunity to have an input into it.

Decision

(a)      That the draft Licensing Policy 2021-2026 (as set out at appendix A to the report) be published for a period of public consultation of not less than 12 weeks.

(b)      That the proposed Cumulative Impact Area, as detailed in Appendix A of the Draft Licensing Policy, be published alongside the Cumulative Impact Assessment and Violent Crime Analysis from Dorset Police as part of the public consultation.

(c)      That, subject to there being no relevant representations, the Service Manager for Licensing & Community Safety in consultation with the Chairman of the Licensing Committee recommends to the Council the adoption of the Draft Licensing Policy.

(d)      Should relevant representations be received, which require consideration of one or more significant amendments to the policy, Officers be instructed to bring a further report to the meeting of the Licensing Committee with the outcomes of the consultation.

Reason for Recommendations

To comply with legislative requirements,

To ensure openness and transparency in the Council’s decision making, and To ensure that those persons affected by the policy are given the opportunity to have an input into it.

Decision

(a)       That the implementation of riverbank improvements to the River Brit to commence in October 2020, be approved;

(b)       That officers be instructed to complete an extension of the lease to the site operator of the Campfield Holiday Park at West Bay until 31st January 2074 on terms described in the confidential appendix which will fund the cost of the project works. 

Reason for Recommendation:    

A decision is required to progress the riverbank reinforcement project to the River Brit in West Bay, to address the risk of river flooding to the Campfield Holiday Park and adjacent properties in Forty Foot Way.

The Council is the freehold owner of the Campfield Holiday Park which is leased to Parkdean Resorts who have been the Council’s tenant for 53 years. Parkdean Resorts are prepared to fund the estimated project costs from a capital premium in return for granting a 50 year lease extension that will encourage the tenant to continue to invest in a sustainable business in West Bay.

Reasons for Decision

To allow the completion of a lease of the former Verwood Youth Centre premises to Verwood Town Council, following the inability to complete a lease to EMS (Youth and Community) Centre Ltd and their successor body the Wimborne MAT, following the conversion of the school to an Academy.

Alternative options considered and rejected

No other options considered as this approach to lease to another Authority supports the original decision for these properties to be continued to be used to support community provision.

DCC’s Cabinet resolved on 25 May 2016:

(i) approves the use of the County Council’s general power of competence to grant a freehold transfer, assignment of lease, or long leasehold interest in the youth centre buildings at Somerford, Burton, Gillingham, Bridport, Dorchester, Crossways, Sherborne, Southill, STEPS, Verwood, Wareham, and Swanage to the respective community bodies on terms to be agreed by the Director for Environment and the Economy, after consultation with the Director for Children’s Services and the Monitoring Officer;

And:

4.11 East Dorset – Verwood

The lease to Emmanuel Middle School Governors or the EMS (Youth and Community) Centre Ltd, as was subsequently agreed, and their successor body the Wimborne MAT, following the conversion of the school to an Academy has not been completed.  Verwood Town Council have now agreed to take the Centre on under a lease agreement in order to support the social, economic and /or environmental wellbeing of the area by allowing community groups, schools etc to rent the premises.

A delegated decision was required by the Executive Director Place, as the successor role to the DCC Director for Environment and the Economy, to agree to the change of nominated body to take a lease of this property.