Decisions

To consider price setting for 2020-21.

Reason for the Decision

To cover the increase in costs of delivering the commercial waste services.

Alternative Options considered and rejected

Three other options were considered and rejected. There were:

·         Apply no uplift and maintain current 2019-20 prices

·         Apply a 4% uplift

·         Apply a 5% uplift

Budget Implications

Applying the variable price increase will allow for the 2020-21 income target to be met.

Legal Implications

No implications identified

Any conflict of Interest

No conflict of interest

Reference documents

Commercial Waste pricing options 2020-21 report

To apply a variable level of price increase with a minimum of 4% and averaging 8.79%

Reason for Decision

Neighbourhood Area designation

Dorset Council has received a neighbourhood area application from Marnhull Parish Council (North Dorset area).

The Neighbourhood Planning (General) Regulations 2012 (as amended) state under regulation 5A that:

(1)   …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 area, none of that neighbourhood area extends outside the parish council’s area.

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

At the same time regulation 5A paragraph (3) outlines that under the circumstances set out in paragraph (1), above, there is no requirement for a local planning authority to consult on the proposed neighbourhood area.

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.

Marnhull Parish Council have applied to have the whole of the parish area designated as a neighbourhood area. The area specified in the application does not extend beyond Marnhull Parish boundaries and does not overlap with other neighbourhood areas already designated or applied for and awaiting determination.

Regulation 5A of the Neighbourhood Planning (General) Regulations 2012 (as amended) therefore applies to the application received from Marnhull Parish Council. To this end there is no requirement to consult on the application and Dorset Council must exercise its powers under section 61G of the Town and Country Planning Act 1990 to designate the Marnhull Parish area as a neighbourhood area.

Alternative options considered and rejected:

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’.

Since Marnhull Parish is largely rural in nature, it is not considered appropriate to designate the proposed neighbourhood area as a business area.

That the Marnhull Parish area be designated a neighbourhood area.

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 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’.

The change to the wording does not affect the interests of Dorset Council and therefore there was no reason not to assist the tenant by entering into the deed.

Reason(s) for Decisions:

(a) The proposed diversion meets the legal criteria set out in the Highways Act 1980.

(b) The inclusion of these provisions in a public path order means that there is no need for a separate legal event order to modify the definitive map and statement as a result of the diversion.

(c) Accordingly, the absence of objections may be taken as acceptance that the proposed new route is expedient and therefore Dorset Council can itself confirm the order.

Before confirming a public path creation, diversion or extinguishment order a council or the Secretary of State must have regard to any material provision of a rights of way improvement plan prepared by the local highway authority. Dorset’s Rights of Way Improvement Plan sets out a strategy for improving its network of Public Rights of Way, wider access and outdoor public space.

Alternative options considered and rejected:

No. Proposed new route already in use by the public.

A full consultation was carried out in September / October 2019

Application to divert part of Footpath 14, Bradford Peverell at Cheeseman’s Cottage

The recommendations were that:

(a) The application to divert part of Footpath 14, Bradford Peverell as shown on Drawing (19/05) 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, or if any objections to the Order are of a similar nature to those already considered by the Committee, it be confirmed by the Council without further reference to the Committee.

The report and drawing can be seen by arrangement with Democratic Services.

Reason for Decision:

West Dorset District Council decided to place this property prior to the creation of Dorset Council as it could not be rented out reliably as business premises.  The Council therefore decided to sell it for conversion to residential use.  A sale was agreed in April 2019 but, due to the necessity for a planning application and the registration of the transfer of a parking area acquired from the neighbouring owner, the transaction has only just reached the point when exchange of contracts is likely within the next few weeks

Alternative options considered and rejected:

Not to sell the property

To sign the contract and seal the transfer enabling the sale of The Offices Stevens Walk Buckland Newton to take place at a price of £176,329.60.

Reason(s) for Decisions:

(a) The proposed diversion meets the legal criteria set out in the Highways Act 1980.

(b) The inclusion of these provisions in a public path order means that there is no need for a separate legal event order to modify the definitive map and statement as a result of the diversion.

(c) Accordingly, the absence of objections may be taken as acceptance that the proposed new route is expedient and therefore Dorset Council can itself confirm the order.

Before confirming a public path creation, diversion or extinguishment order a council or the Secretary of State must have regard to any material provision of a rights of way improvement plan prepared by the local highway authority. Dorset’s Rights of Way Improvement Plan sets out a strategy for improving its network of Public Rights of Way, wider access and outdoor public space.

Alternative options considered and rejected:

No. Current route obstructed by deer grids and closed by temporary Traffic Regulation Order.  Proposed new route already in use by the public.

A full consultation was carried out in November / December 2019

(a) The application to divert parts of Bridleway 22, Bere Regis as shown on Drawing 19/11 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

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

The map is available on request from Democratic Services.

Reason for Decision:

To dispose of circa 134 sq m of land, a plot with no development potential except as part of a larger plot. The combined site to re acquired if disposed of private sector by Bournemouth Churches Housing Association Ltd.

Alternative options considered and rejected:

The Delegated Powers clearly gives the authority, the delegated powers the obvious way forward

Sale of small plot of land to allow a development of the more substantial affordable housing site at Rowan Close, Southill, Weymouth.

Reason for Decision:

To enable the RNLI to have access to the new viewing platform and to maintain security of tenure for a longer timespan.

Alternative options considered and rejected:

None

Surrender of existing Lifeboat Station Lease by RNLI and new lease granted to take account of the revised lease area and to give the RNLI a longer term.