Decisions

The Committee considered an application for the erection of 8 dwellings following approval of Permission in Principle application no: WP/19/00162/PIP.

The Senior Planning Officer provided some background to Permission in Principle (PIP) applications that must commence within 3 years of the date of approval. 

This application was for technical details following approval of a PIP in September 2019 for up to 8 dwellings on this site, therefore the principle of dwellings on this site had been approved.

The Committee was given a presentation that included a location plan, aerial photo, site layout, elevations / floor plans, a site plan with the footpath extension.

The site consisted of 2 detached bungalows and 6 (3) bed semi-detached houses, each with a car parking space and 4 visitor parking spaces.  The garden spaces were commensurate with nearby dwellings.

She advised that this site had been included as employment land in the recently adopted Portland Neighbourhood Plan, however this plan had not been adopted at the time the PIP was granted and the site was outside of ECON2 in the adopted Local Plan.

The main issues were highlighted:-

·       PIP for 8 dwellings granted in 2019

·       Design and materials appropriate for location

·       Provides a mix of house types including lifetime homes

·       No harm to neighbouring amenity

·       No highways objections

·       Not ECON2 in Local Plan

·       Additional footpath at applicant’s expense

·       Section 106 will need amending in future, can be achieved outside of this planning application.

The Technical Support Officer read out the public written submissions which are attached as an appendix to the minutes of this meeting,

The Senior Planning Officer responded to technical questions arising from the public participation and by members of the committee.

Members were reminded that condition 4 had been amended, details of which were contained in the update sheet circulated to members prior to the meeting.

Proposed by Cllr Nick Ireland, seconded by Cllr Louie O’Leary.

The Committee was minded to grant the application, subject to planning conditions and condition 4 as amended in the update sheet.

The Service Manager for Development Management and Enforcement having considered the representations and the officer’s presentation and having taken into account the views of the committee made the following decision under delegated authority.

Decision of the Service Manager: That the application be approved subject to the conditions (including amended condition 4) outlined in the appendix to these minutes.

The Committee considered an application for the erection of 4 dwellings on a site within the Southwell area of Portland.

Members were shown a presentation including an aerial photo, photos of the application site (showing groundworks previously completed to allow for a previously consented scheme for 2 houses), site plan and street scene elevations.

The main issues were highlighted including:-

·        Principle of development –within DDB; extant consent on the site for residential development (2 units); presumption in favour of sustainable development.

·        Scale, design and impact on character and appearance – scale and design similar to the neighbouring properties fronting Rip Croft; Scheme amended to avoid over dominance in the street scene; density in line with area; smaller dwellings supported in Neighbourhood Plan (policy PORT/HS1 Housing Mix)

·        Amenity – dwellings meet national space standards; adequate external amenity space provided; scheme would avoid overlooking and overbearing or loss of light to neighbours

·        Access and parking – off street for all units; no highways objection; private gardens would allow for cycle parking

Following the presentation, the Technical Support Officer read out a statement submitted by the Agent which is attached as an appendix to these minutes.

In response to Members’ concerns about the relatively small size of the houses and amenity space, the Senior Planning Officer advised that each property would have a private garden with a secondary access that was considered to be appropriate for the size of the dwellings.  He confirmed that the size of the homes was close to minimum national space standards; that there would be no impact on the amenity of neighbouring properties and that the land originally had no formal status other than incidental green space.

Whilst some members remained concerned that this was overdevelopment of the site, other members considered that smaller homes were need for starter homes or people wishing to downsize and was a good use of the land.

Proposed by Cllr Nick Ireland, seconded by Cllr Dave Bolwell.

The Committee was minded to grant the application, subject to planning conditions.

The Service Manager for Development Management and Enforcement, having considered the representations and the officer’s presentation and having taken into account the views of the committee, made the following decision under delegated authority.

Decision of the Service Manager: That the application be approved subject to the conditions outlined in the appendix to these minutes.

Cllr Susan Cocking and Cllr Paul Kimber did not take part in the debate or vote on this item.

Cllr John Worth joined the meeting part-way through consideration of this application and did not take part in the debate or vote on this application.

The Committee considered an application to develop vacant land by the demolition of garage, formation of a vehicular access, the erection of 25 dwellings and associated landscaping.

The Senior Planning Officer presented the application, explaining that following approval by the committee in February 2020, a decision had not yet been issued due to negotiations in relation to the affordable housing element of the Section 106 Agreement.  The Portland Neighbourhood Plan (2017-2031) had been adopted in the intervening period which was a material consideration, however, its policies did not include housing allocation.

The Committee was shown a location plan, aerial photo, photos of the site, proposed site plan, elevation plans, and sections.

Following the presentation, the Technical Support Officer read out some of the public written submissions received in accordance with the protocol for public speaking. The written submissions are attached as an appendix to the minutes of this meeting.

Cllr Paul Kimber addressed the Committee as the Ward Member, speaking against the application in relation to the loss of green open space and wildlife habitat, increased traffic on Verne Common Road and overdevelopment. 

The Senior Planning Officer responded to technical points made during the public participation.

In response to technical questions put by members, the committee was advised that the site had been designated in the Portland Neighbourhood Plan as incidental open space and it was for the committee to decide what weight was given to amenity and the planning balance in light of this.

Members were informed that paragraph 14 of the NPPF did not apply as the Council could not demonstrate a 5 year housing land supply, therefore paragraph 11d of the NPPF was relevant in the consideration of this application.

The Committee had concerns about this development and debated issues including the relevance of the newly adopted Portland Neighbourhood Plan,  the location of the site outside the defined development boundary, lack of services & facilities on the island; the loss of valuable open space for residents and visitors; the low number of affordable homes and road safety.  In particular, it was noted that Portland Town Council had not commented on this application.

Proposed by Cllr David Bolwell, seconded by Cllr David Shortell.

The Committee was minded to grant the application, subject to planning conditions and the completion of a legal agreement.

The Service Manager for Development Management and Enforcement having considered the representations and the officer’s presentation and having taken into account the views of the committee made the following decision under delegated authority.

Decision of the Service Manager: That the application be approved subject to the conditions outlined in the appendix to these minutes; and the completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) in a form   to be agreed by the Legal Services Manager to secure the following:

The provision of five affordable rented units on site and a financial affordable housing contribution of £59,254 index-linked and a financial contribution for grassland compensation and management for the Local Nature Reserve of £15,638.

Decision

The Portfolio Holder for Housing delegates to the Corporate Director for Housing to take all necessary steps to purchase and renovate the property known as 23 Penrose Road, Ferndown, Dorset, BH22 9JF using the unapproved capital pot 2020/21 and 2021/22.

Reason for the Decision

To bring a long-term empty property back into use and create a unit of 3 bed temporary accommodation for a local family.

Alternative Options considered and rejected

Take no action – without Council intervention it is very likely that the property will remain empty for the foreseeable future. The Council has a high demand for temporary accommodation in this area.

Purchase the property and ‘back to back’ private sale - The Council has a high demand for temporary accommodation and ‘23 Penrose Road’ represents an ideal opportunity to meet such demand.

Compulsory Purchase – the current owner has agreed to sell the property to the Council and therefore acquiring the property using Compulsory Purchase powers is not appropriate.

Empty Dwelling Management Order – this would require the Council to renovate the property, allocate tenants and manage the building for 7 years and then ‘hand it back’ to the current owner. As such this option does not offer long term value for money for the Council.

Consultees

Assets and Property

Housing Services

Spatial and Community Policy Service

Budget Implications

The property has been subject to a full market valuation by a local estate agent and its value has been assessed as being  £350,000.

It is proposed that the unapproved capital pot 2020/21 ‘to bring a long-term empty property back into use’ is used to purchase the property, with renovation costs being funded from the 2021/22 unapproved capital pot, should no other funding sources be available at that time.

Renovation and improvement costs to make the property decent and safe are estimated to be in the region of £50-60,000 subject to detailed inspection.

Decision

The Portfolio Holder for Housing delegates to the Corporate Director for Housing to take all necessary steps to purchase and renovate the property known as 23 Penrose Road, Ferndown, Dorset, BH22 9JF using the unapproved capital pot 2020/21 and 2021/22

That:

(a)  The proposal to divert part of Footpath 41, Hazelbury Bryan at Woodlands be accepted and an order made;

(b)  The order include provisions to modify the definitive map and statement to record the changes made as a consequence of the diversion; and

(c)  If the order is unopposed, it be confirmed by the Council.

(The decision taken is detailed within the Scheme of Delegation in the Council’s Constitution.)

That:

(a)  The proposal to divert part of Footpath 56, Sturminster Newton be accepted and an order made;

(b)  The Order include provisions to modify the definitive map and statement to record the changes made as a consequence of the diversion; and

(c)  If the Order is unopposed, it be confirmed by the Council.

(The decision taken is detailed within the Scheme of Delegation in the Council’s Consitiution.)

Seeking agreement that payments in excess of £500 can be made in relation to the project.

This report will see the publication of the LGA finance peer review report and the accompanying action plan to address the recommendations.

Decision of the Portfolio Holder for Finance, Commercial and Capital Strategy

That the action plan, in response to the recommendations set out in the corporate peer challenge report, be approved.

Executive Decision - LGA Finance Peer Review - Report and Action Plan - Dorset Council

Reason for the Decision

To ensure that the council acts on the corporate peer team’s recommendations.

To receive a budget update for 2022/23.

Cabinet members:

(a)           Noted the updated cost pressures set out in the paper and the validation work that had been carried out on them

(b)           Agreed the assumptions being used in the Medium-Term Financial Plan (MTFP);

(c)           Noted the financial gap arising from (i) and (ii) above;

(d)           Agreed the 2022/23 draft principles for budget setting;

(e)           Noted the approach to closing the budget gap that was set out in the paper, recognising that this was work in progress;

(f)             Agreed that Portfolio Holders work with officers to continue to identify and develop savings opportunities;

(g)           Noted the emerging national context set out in this paper;

(h)           Endorsed the next steps and timetable leading up to the 2022/23 budget being presented to full Council on 15 February 2022.

Reason to note and receive the report

This paper was presented to Cabinet to provide an update on the budget gap for 2022/23 and the subsequent years of the MTFP and to update on progress on action/savings to date.

The establishment of a dedicated Commission will oversee an effective and at pace response to a jobs-led approach to COVID-19 economic recovery.  It would also provide an objective and independent review of the future Dorset Skills landscape, helping to shape a world-class skills and learning infrastructure for all communities.

Decision of the Portfolio Holder for Children, Education, Skill and Early Help

(a)  That a Dorset Skills Commission be created between November 2021 and September 2022

(b)  For this Commission to facilitate the skills delivery needed for an effective and at-pace response to a jobs-led approach to COVID-19 economic recovery across Dorset

(c)  That the Commission undertakes a review into the Dorset skills landscape – with a particular consideration of the National Skills White Paper, producing a report that lays out a potential skills journey and opportunities/needs based on 10-, 20- and 30-years trajectories

(d)  That the Commission works closely with the Dorset Skills Board and Panel to support immediate implementation of the wider skills priorities within the agreed Dorset Skills Plan and Dorset Investment Prospectus.

(e)  That authority be delegated to the Executive Director for Place, in consultation with the Portfolio Holder(s)for Children, Education, Skills, and Early Help and Economic Growth, Assets and Property, to agree with BCP Council and the Dorset LEP the governance structure and membership of the Board for inclusion in the Terms of Reference.

Executive Decision - Dorset Skills Commission - Dorset Council

Reason for Decision

Delivering sustainable economic growth, increasing productivity and the number of high-quality jobs in Dorset, creating great places to live, work and visit” is one of the five Corporate priorities in the Dorset Council Plan. People and Skills is one of the six foundations of the Dorset Council Economic Growth Strategy.

The establishment of a dedicated Commission will oversee an effective and at pace response to a jobs-led approach to COVID-19 economic recovery.  It would also provide an objective and independent review of the future Dorset Skills landscape, helping to shape a world-class skills and learning infrastructure for all communities

To discuss and agree the updated council plan.

The Portfolio Holder for Corporate Development and Change presented the report on the update of the Dorset Council Plan.

Input in respect of the development of the plan had consisted of a workshop involving both of the council’s overview committees on 26 July 2021 followed by their formal meetings of 2 September and 17 September 2021.  The minutes and comments from those meetings were attached at appendix 3 of the report.

He highlighted that although the primary focus had been the impact of the covid-19 pandemic, members of these committee(s) were keen that “climate and ecology” became a priority within the Plan. This aimed to reflect that the Council had adopted its Climate and Ecological Emergency Strategy and action plan since the first Dorset Council Plan had been agreed in January 2020.

Responding to previous questions put by non-executive members, the Portfolio Holder confirmed that climate and ecology was now one of the key themes to be considered within the plan.

The overview committee(s) had also suggested that the name of the plan caused some confusion with the (planning) developing Local Plan, however he was of the view that changing the name at this stage, would cause further confusion.  The Portfolio Holder advised that following discussions with the communications team, efforts would be made, the public domain, to clearly distinguish the difference between the two plans.

The Portfolio Holder suggested that the Dorset Plan be recommended to full Council along with a proposal to give delegated powers to the Portfolio Holder, Leader of the Council and Chief Executive for the final design of the plan.

The Leader of the Council thanked the overview committee(s) for their contribution in developing the Dorset Council Plan.

In response to a question regarding strengthening the “housing for young families “priority, the Portfolio Holder for Housing recognised and acknowledged the work required for this priority, but also highlighted that there were other issues that needed to be considered.

Members of Cabinet expressed a “minded to view” to support the recommendations.

Recommendation to Full Council from the Portfolio Holder for Corporate Development and Change

(a)           That the updated Dorset Council plan, as set out in appendix I of the report to Cabinet 5 October 2021, be adopted.

(b)           That authority be delegated to the Portfolio Holder for Corporate Development and Change, in consultation with the Leader of the Council and the Chief Executive for the final design of the plan.

Reason for Recommendation: 

To provide clarity about this council’s priorities following the COVID-19 pandemic.   

Decision

That the recommendations 1 to 3, set out in the exempt report to Cabinet of 5 October 2021, be approved.

Reference documents (exempt)

Agenda for Cabinet on Tuesday, 5th October, 2021, 10.00 am - Dorset Council

That the recommendations 1 to 3, set out in the exempt report to Cabinet of 5 October 2021, be approved.

Decision

(a)  That a Dorset Skills Commission be created between November 2021 and September 2022

(b)  For this Commission to facilitate the skills delivery needed for an effective and at-pace response to a jobs-led approach to COVID-19 economic recovery across Dorset

(c)  That the Commission undertakes a review into the Dorset skills landscape – with a particular consideration of the National Skills White Paper, producing a report that lays out a potential skills journey and opportunities/needs based on 10-, 20- and 30-years trajectories

Reason for Decision

Delivering sustainable economic growth, increasing productivity and the number of high-quality jobs in Dorset, creating great places to live, work and visit” is one of the five Corporate priorities in the Dorset Council Plan. People and Skills is one of the six foundations of the Dorset Council Economic Growth Strategy.

The establishment of a dedicated Commission will oversee an effective and at pace response to a jobs-led approach to COVID-19 economic recovery.  It would also provide an objective and independent review of the future Dorset Skills landscape, helping to shape a world-class skills and learning infrastructure for all communities

Budget Implications

Several organisations, including Arts University Bournemouth and Dorset LEP have expressed interest in sponsoring the Commission so the cost for each of the Councils is likely to be in the order of £5,000, plus officer time in support of the Commission.  Actions arising will be delivered through a combination of committed resources, securing external funding and bids for additional funding as and when appropriate.

Reference Documents

Agenda for Cabinet on Tuesday, 5th October, 2021, 10.00 am - Dorset Council

(a)  That a Dorset Skills Commission be created between November 2021 and September 2022

(b)  For this Commission to facilitate the skills delivery needed for an effective and at-pace response to a jobs-led approach to COVID-19 economic recovery across Dorset

(c)  That the Commission undertakes a review into the Dorset skills landscape – with a particular consideration of the National Skills White Paper, producing a report that lays out a potential skills journey and opportunities/needs based on 10-, 20- and 30-years trajectories

(d)  That the Commission works closely with the Dorset Skills Board and Panel to support immediate implementation of the wider skills priorities within the agreed Dorset Skills Plan and Dorset Investment Prospectus.

(e)  That authority be delegated to the Executive Director for Place, in consultation with the Portfolio Holder(s)for Children, Education, Skills, and Early Help and Economic Growth, Assets and Property to agree with BCP Council and the Dorset LEP the governance structure and membership of the Board for inclusion in the Terms of Reference.

Decision

(a)  That payments in excess of £500k be paid by Dorset Council in relation to the delivery of the Weymouth Quay Regeneration Project.

(b)  That the agreement to make such payments be delegated to the Executive Director for Place to approve, in consultation with the Portfolio Holder for Highways, Travel and Environment and the Portfolio Holder for Economic Growth, Assets and Property.

Reason for the Decision

There is potential for a number of transactions in the coming months to be in excess of the £500k threshold, and by agreeing to the recommendation disbursements of grant funds can be made as required and without delay. In agreeing payments under the delegation, the Executive Director will ensure that the funds are released only in accordance with CCF and MHCLG grant conditions, thereby minimising risk to DC as accountable body.

Budget Implications

Dorset Council is the accountable body for the Weymouth Quay Regeneration Project and has an agreement with the Ministry of Communities Housing and Local Government (MHCLG) to deliver the project outcomes.

Reference documents

Agenda for Cabinet on Tuesday, 5th October, 2021, 10.00 am - Dorset Council

Decision

That the action plan in response to the recommendations set out in the corporate peer challenge report, be approved.

Reason for the Decision

To ensure that the council acts on the corporate peer team’s recommendations.

Budget Implications

The report endorses the progress made in establishing the council and makes a series of recommendations to further develop the council’s financial arrangements.

Reference Documents

Agenda for Cabinet on Tuesday, 5th October, 2021, 10.00 am - Dorset Council

That the action plan in response to the recommendations set out in the corporate peer challenge report, be approved.

Decision

To enter in to contract for phase 1 of works to adapt and refurbish parts of the former St Mary’s School premises for SEND use.

Reason for the Decision

To enable construction works to commence at the earliest opportunity.

Alternative Options considered and rejected

Not to agree budget allocation and not to enter into contract, which means this element of the project cannot progress.

Consultees

Executive Director for People (Children)

Executive Director for Place

Cllr R Bryan (Portfolio Holder for Highways, Travel and Environment

Budget implications

Not to exceed budqet cost of £1 .4m. Funding allocated within SEND Capital Strategy allocation.

Legal Implications

None, other than ability to enter in to contract with chosen contractor.

Reference documents

Dorset Centre of Excellence - Expenditure request forms SE 3 and SE 10. Cabinet - 29 April 2021

To enter in to contract for phase 1 of works to adapt and refurbish parts of the former St Mary’s School premises for SEND use.

The Cabinet will meet virtually until such time as a webcasting solution is installed and tested providing the option to non-cabinet members, officers and members of the public to engage in the democratic decision making processes remotely, in order to protect elected members, staff and the public,  with decisions to be made by the relevant portfolio holder in the light of views expressed by the wider Cabinet.

In the light of the Chief Executive’s decision of 4 October 2021 to continue with informal virtual meetings, made in consultation with groups leaders, I have made a consequential decision to reinstate temporary standing orders as a framework to govern informal virtual meetings.  At the same time, I have amended the constitution to reinstate the delegations granted to officers at Full Council on 4 May 2021 to enable decisions to be made after taking into account the views of members at informal virtual meetings.

To continue with informal virtual meetings reflecting the number of COVID cases locally, until such time as a webcasting solution is installed and tested providing the option to non-committee members, officers and members of the public to engage in the democratic decision making processes remotely, in order to protect elected members, staff and the public.

To issue an Enforcement Notice requiring the cessation of the use of land East of Sandhills, Cattistock, for human habitation, the removal from the land of any caravans, and the removal from the land of any hardstanding, utility pipes, portaloo and other paraphernalia used in association with the human habitation of the land.

The decision to issue this Enforcement Notice is taken under delegated powers, as set out in paragraph 145 of the Officer Scheme of Delegation. These powers have been nominated to the below authorised officer.