Decisions

That:

 

(a)  The application to divert Footpath 106 and part of Footpath 94, Thorncombe and part of Footpath 65, Marshwoord and to create a new footpath connecting Gashay Farm be accepted and a diversion and creation order made.

 

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

 

(c)  If the Orders are unopposed, they be confirmed by the Council.

Decision

 

(a)  That the Economic Development Strategy approved by Cabinet on 28 July 2020, be welcomed and recognise the important part that the strategy will play in improving social mobility throughout Dorset.

 

(b)  The lead responsibilities of the Cabinet Member for Children, Education, Skills and Early Help, be noted and the Executive Director for Place in relation to economic development and for improving social mobility.

 

(c)  That a strategic alliance be formed with partners and community representatives to build upon the objectives of the Economic Development Strategy by co-producing a targeted plan to improve social mobility in Dorset, be agreed

 

(d)  That the Place and Resources Scrutiny Committee undertake quarterly monitoring of progress towards achieving the objectives of the Economic Development Strategy and the plan to improve social mobility in Dorset as part of its ongoing performance management scrutiny responsibilities.

 

Executive Summary

 

This report provides the Economic Development Executive Advisory Panel’s response to the matters raised by the motion presented Dorset Council on 18 July 2019.

 

Reason for Recommendation

 

Improving social mobility aligns with the corporate aims for economic growth and strong healthy communities

Delegated Decision of the Executive Director for Place

 

(a)  That the Economic Development Strategy approved by Cabinet on 28 July 2020, be welcomed and recognise the important part that the strategy will play in improving social mobility throughout Dorset.

 

(b)  The lead responsibilities of the Cabinet Member for Children, Education, Skills and Early Help, be noted and the Executive Director for Place in relation to economic development and for improving social mobility.

 

(c)  That a strategic alliance be formed with partners and community representatives to build upon the objectives of the Economic Development Strategy by co-producing a targeted plan to improve social mobility in Dorset, be agreed

 

(d)  That the Place and Resources Scrutiny Committee undertake quarterly monitoring of progress towards achieving the objectives of the Economic Development Strategy and the plan to improve social mobility in Dorset as part of its ongoing performance management scrutiny responsibilities.

 

In the light of the Chief Executive’s decision of 22 July 2021 to reinstate 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.

 

Decision

 

(a)  To make an order under section 10 of the Local Government Act 1972 to dissolve the Chedington Parish Council.

 

(b)  To grant delegated authority to the Chief Executive, after consultation with the ward member, to enable orders to be made under Part 1 of the Local Government Act 1972 to group, separate or dissolve parish councils without the need for individual decisions by the Full Council.

 

Executive Summary

 

Chedington has fewer than 150 local government electors and the parish meeting has applied to Dorset Council to dissolve the Parish Council. Previously Chedington was part of the grouped Parrett and Axe Parish Council. Whereas South Perrott was able to return parish councillors Chedington could not do so and this has continued to be the case since the Group was dissolved. No one at all is prepared to serve as a parish councillor, leading the Chedington Parish Meeting to request a dissolution.

 

Reason for the decision

 

Dissolution of the Parish Council has been requested by Chedington Parish meeting.

 

Delegated Decision of the Corporate Director for Legal and Democratic

 

(a)  To make an order under section 10 of the Local Government Act 1972 to dissolve the Chedington Parish Council.

 

(b)  To grant delegated authority to the Chief Executive, after consultation with the ward member, to enable orders to be made under Part 1 of the Local Government Act 1972 to group, separate or dissolve parish councils without the need for individual decisions by the Full Council.

Decision

 

That the Terms of Reference for a Community Governance Review of all parishes in the Dorset Council area be adopted.

 

Reason for Recommendation

 

To ensure that community governance arrangements within the area under review are reflective of the identities and interests of the community in that area.

 

Executive Summary

 

A community governance review looks at the governance arrangements of parishes in the area under review – in this case the whole of the Dorset Council Area – and seeks to ensure that these are reflective of the identities and interests of the community in that area.

 

In undertaking the Review, Dorset Council (“the Council”) will comply with the requirements of Part 4 of the Local Government and Public Involvement in Health Act 2007 (“the 2007 Act”) and the relevant parts of the Local Government Act 1972, and have regard to Guidance on Community Governance Reviews issued in accordance with section 100(4) of the Local Government and Public Involvement in Health Act 2007 by the Department of Communities and Local Government and the Local Government Boundary Commission for England in March 2010.

 

The Council will also give due consideration to the Guidance on Community Governance Reviews issued by the Secretary of State for Communities and Local Government published in 2008.

 

Background documents

Agenda for Dorset Council on Thursday, 15th July, 2021, 6.30 pm - Dorset Council (wdwp.local)

Delegated Decision of the Corporate Director for Legal and Democratic

 

That the Terms of Reference for a Community Governance Review of all parishes in the Dorset Council area be adopted.

 

 

Decision

 

That the Youth Justice Plan be adopted.

 

Executive Summary

 

Under the Crime and Disorder Act 1998 there is a statutory requirement to publish an annual Youth Justice Plan which must provide specified information about the local provision of youth justice services. The Youth Justice Board provides guidance about what must be included in the plan and recommends a Page 203structure for the plan. The draft Youth Justice Plan for the Dorset Combined Youth Justice Service is attached at Appendix One. A brief summary of the Youth Justice Plan is provided in this report.

 

Reason for Recommendation

 

Local authorities are required to publish an annual Youth Justice Plan, setting out how the statutory requirements for a multi-agency youth offending team are fulfilled locally. Dorset Combined Youth Justice Service is a partnership between Dorset Council and Bournemouth, Christchurch and Poole Council, along with Dorset Police, NHS Dorset Clinical Commissioning Group and the National Probation Service Dorset. Approval for the Youth Justice Plan is also being sought from Bournemouth, Christchurch and Poole Council. The Youth Justice Plan needs to be approved by the full Council.

 

Background documents

Agenda for Dorset Council on Thursday, 15th July, 2021, 6.30 pm - Dorset Council (wdwp.local)

 

 

Delegated Decision of the Executive Director for People - Children

 

That the Youth Justice Plan be adopted.

 

Decision

 

That the Dorset Council Climate and Ecological Emergency Strategy and Action Plan be adopted.

 

Details

 

Dorset Council declared a Climate and Ecological Emergency in 2019 and established an Executive Advisory Panel to strategically guide the Councils response. A draft Climate and Ecological Emergency Strategy and Action Plan was produced and approved for public consultation by Cabinet in October 2020.

 

A public consultation exercise on the Strategy and Action plan started in October 2020 and closed on 20th January 2021. The analysis of the consultation results highlighted an overall high level of agreement for the Councils strategy and action plan. Further consideration of over 12,000 text responses highlighted a number of key issues for each area of the strategy.

 

 The results of the consultation were discussed with the Executive Advisory Panel on 25th February 2021, together with suggested changes to the Strategy and Action plan.

 

This paper sets out the findings of the consultation exercise and proposed changes to the Dorset Council Climate and Ecological Emergency Strategy and Action plan for approval by Cabinet.

 

The Climate and Ecological Strategy and Action Plan is a living document that reflects the scale of the challenge and complexity of the issue. It aims to set an initial road map and direction of travel but recognises at this stage there is still further work to do. Many of the actions are therefore aimed at more detailed investigation and the development of more detailed initiatives.

 

All the actions have target dates for completion and can therefore be monitored and evaluated against them. The monitoring and evaluation of the strategy should be on a six monthly basis and take the form of a report to the Policy and Overview Committee.

 

Reason for the decision

 

Dorset Council declared a Climate and Ecological Emergency in 2019 and established an Executive Advisory Panel to strategically guide the Councils response. A draft Climate and Ecological Emergency Strategy and Action Plan was produced and approved for public consultation by Cabinet in October 2020.

 

Background documents

Agenda for Dorset Council on Thursday, 15th July, 2021, 6.30 pm - Dorset Council (wdwp.local)

Delegated Decision of the Executive Director for Place

 

That the Dorset Council Climate and Ecological Emergency Strategy and Action Plan be adopted.

 

The Notice of Motion was debated and amended at Dorset Council on 15 July 2021.  The Chief Executive considered the background information and listened to the debate and the “minded to” decision.

 

Background documents

Agenda for Dorset Council on Thursday, 15th July, 2021, 6.30 pm - Dorset Council (wdwp.local)

Delegated Decision of the Chief Executive

 

With the acknowledgement of staff workload, and with grateful thanks to them, it is proposed that a review of the DC governance take place over this current term with a voting before the 2024 election.

 

To reinstate informal virtual meetings

To move in-person meetings back into informal virtual meetings reflecting the rise in COVID cases locally, in order to protect elected members, staff and the public.

There were no urgent items.

Decision

 

Having considered the representations received in response to public advertisement and the officers draft committee report, that the proposals are implemented as advertised. 

 

Reason for the Decision

 

The installation of the seven new cattle grids on the roads across the heaths will enable cattle, ponies and pigs to graze across a much-expanded area and create a 

dynamic mosaic of habitats, best able to support the full range of rare species associated with the Dorset heaths. 

 

Alternative Options considered and rejected

 

Consultation has taken place with the residents in the considered and                   vicinity of the proposed cattle grid locations, and a site 

rejected meeting to further discuss the proposals was held with the 

respondent objecting to the location of cattle grid E.   The location of cattle grid ‘E’ has been moved as far away as possible from the closest residential property following discussions with the resident (circa. 200m), whilst ensuring that the required visibility and distance of the advanced warning signs is achieved. 

 

Without cattle grid E and F, livestock would have access to Bank Gate Cottages. In 2019 the two current residents of Bank Gate Cottages were offered the option to have domestic cattle grids installed at their properties, but preferred to have Highways Grids installed either side of Bank Gate Cottages to exclude livestock from having any access to their properties. 

 

Consultees

 

The wider project is being developed by the Royal Society for the Protection of Birds (RSPB), Natural England (NE), the National Trust (NT) and Dorset Council as host to the  Dorset Area of Outstanding Natural Beauty (Dorset  AONB). 

 

Under Dorset Council’s procedure, primary consultation was carried out on the proposals and it was supported by the two Local Members for Wareham; Arne Parish 

Council; Dorset Police; the Ambulance Service; the Fire and Rescue Service; and by Dorset Waste Partnership.  Consultation on the project has been ongoing for many  years with local residents, the wider community and  stakeholders. The objectives of the project have been well  received and supported by the local community. 

 

The proposed removal of an existing cattle grid and installation of new cattle grids along various road in Arne was advertised for public consultation. The public consultation started on 10 June 2021 and the consultation period closed on 02 July 2021. 

Budget Implications

 

The project is externally funded by the Purbeck Heaths Grazing Unit Project.

 

Legal Implications

No - Removal of existing cattle grid and installation of new cattle grids along various roads in Arne under Sections 82 to 90 of the Highways Act 1980 as amended.

 

Any Conflict of Interest?

No

Having considered the representations received in response to public advertisement and the officers draft committee report, that the proposals are implemented as advertised.

That the neighbourhood plan area, as proposed by Knowlton Group Parish Council, be designated.

 

Scheme of delegation

 

Under the Officer Scheme of Delegation (April 2019), the Executive Director of Place 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.

 

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 Neighbourhood Planning (General) (Amendment) Regulations 2015 introduces Regulation 6A which requires the authority to determine an area application within 13 weeks from the date immediately following that on which the application was first published. As the Wimborne St Giles Area application was first published on 1 April 2021, 13 weeks has now elapsed, and the Council must now exercise its powers to designate the specified area applied for as a neighbourhood plan area. The conditions within the Officer Scheme of Delegation / Local Scheme of Nomination have now been met and a decision should be made without delay.

To enter into a Planning Performance Agreement (PPA) with Barratt David Wilson and Vistry Partnerthips (the applicants) relating to the proposed development of up to 760 dwellings and associated infrastructure at Vearse Farm, Bridport. The PPA sets out commitments on behalf of the Council and the applicants in relation to the provision of pre-application advice, the processing of formal submissions to comply with conditions on the outline planning permission (WD/D/17/000986), and the processing of a Reserved Matters application. There is a fee associated with the PPA to ensure that the Council can meet its obligations. The PPA does not fetter the Council in any way from exercising its statutory duties as the Local Planning Authority and does not prejudice the outcomes of any planning decisions.

 

The decision to enter into the PPA is taken under delegated powers, as set out in paragraph 136 of the Officer Scheme of Delegation. Paragraph 136 provides delegated powers to “undertake all action in respect of administering / processing any application under any of the Town and Country Planning Legislation”. The Local Scheme of Nomination for Development Management and Enforcement includes delegation of these powers to the Service Manager for Development Management and Enforcement.

 

To enter into a Planning Performance Agreement (PPA) with Habitat First Group Limited (the applicant). The PPA sets out commitments on behalf of the Council and the applicant in relation to the processing of planning applications relating to the ‘Silverlake’ development at Warmwell Quarry, Moreton Road, Crossways. There is a fee associated with the PPA to ensure that the Council can meet its obligations. The PPA does not fetter the Council in any way from exercising its statutory duties as the Local Planning Authority and does not prejudice the outcomes of the planning applications.

 

The decision to enter into the PPA is taken under delegated powers, as set out in paragraph 136 of the Officer Scheme of Delegation. Paragraph 136 provides delegated powers to “undertake all action in respect of administering / processing any application under any of the Town and Country Planning Legislation”. The Local Scheme of Nomination for Development Management and Enforcement includes delegation of these powers to the Service Manager for Development Management and Enforcement.

 

Decision: To set and agree fees to apply to be added to the Fit and Proper Person Register: Relevant Protected Site (Park Homes)

 

The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 require that people managing a Relevant Protected Site (Park Home sites) must apply to be added to a “Fit and Proper Person Register” administered by the Council. The Regulations state that the Council may charge a fee for administering such applications. It was decided to charge a fee to apply to the register, calculated on the estimated average time to administer each application.

 

This decision is delegated to the Corporate Director for Housing and Community Safety.

Lease for construction access and associated facilities off Shaftesbury Road, Gillingham.

A licence to JT Mackley and Co Ltd, for a secondary depot at Newtons Road, Weymouth for the Cefas pipe works agreed with the Crown Estate.

 

Licence to assign the 25 year lease commencing 1st May 2006.

 

Tony Bygrave, Senior Assurance Officer for the complaints team set out a report proposing a change to the current complaints process, to remove the second stage response. This had a perception of increased bureaucracy before complainants could seek the independent review from the Local Government and Social Care Ombudsman.

 

The report also presented a revised “unreasonable behaviours” protocol.

 

Members discussed the report and following observations were made: -

 

·       Members were assured that although complaints were on the increase, cases of maladministration were few and going down.

·       The single complaints process would continue to be monitored.

·       Acknowledged the council’s duty of care to employees in terms of “unreasonable behaviours” and discussed councillors’ role in supporting that process.

·       Discussed the unreasonable behaviours also faced by councillors and the support available to them in such circumstances.

·       The need to recognise that councillors were part of the process and this should be reflected within the protocol.

·       All councillors would be supported by officers when dealing with difficult complaints and should not be subject to harassment.

·       There was further work required to develop software to improve links between services and councillors in terms of managing the protocol and process.

Members welcomed the proposed changes to the whole authority complaints policy to a single stage process and supported the approach set out within the report. Further information and support would be provided to all councillors in dealing with these difficult situations.

 

Delegated decision of the Corporate Director of Legal and Democratic Services

 

(a)           That the revised Whole Authority Complaints Policy (set out in Appendix A of the report) to change to a single stage process for non-statutory complaints.

 

(b)           The revised arrangements for managing unreasonable behaviours (as set out in appendix B of the report) be noted.

 

Decision - Corporate Complaints - Dorset Council (wdwp.local)

 

Reason for the decision

 

To improve the complaint management process.

 

 

 

Decision

 

That the Protocol be adopted

 

Reason for the decision

 

To ensure Dorset Council issues competitive grants to the VCS in a standardised way, regardless of the department issuing.

 

 

Alternation Options considered and rejected

 

NA.

People and Health Overview Committee (6^th July 2021) advised of 2 additions to the protocol, both subsequently agreed by Cllr. Jill Haynes:

1.    Provision of bank by local town or parish council if the organisation could not get one

2.    Local member involvement for all applications – agreed summary of application would be sent to local member/s for comment on the project / organisation with a 5 working day return.

 

Consultees

 

People and Health Overview Committee (6^th July 2021)

Officer steering group consisting of:

Paul Rutter – Service Manager for Leisure

Tracey Old – Strategic Commissioner Children’s

Tracy Cooper – Community and Culture Officer

Fiona Thomas – Community Engagement Project Officer

Vicky De Witt – Museums Officer

 

Budget Implications

 

N/A

 

Legal Implications Any Conflict of Interest

 

This is a protocol so not legally binding

 

Any Conflict of Interest

 

At People and health Overview Committee, all Councillors noted a conflict in interest, Jonathan Mair advised as this is for process and not for individual grants and therefore no conflict.

 

Reference Documents

 

People and Health Overview Committee paper and protocol, appendix 1 (6^thJuly 2021) Agenda for People and Health Overview Committee on Tuesday, 6th July, 2021, 10.00 am - Dorset Council (wdwp.local)

The Grants Protocol was approved.

Decision

 

a)       The Wareham Neighbourhood Plan 2019-2034, as modified (please see Appendix B), can proceed to referendum.

b)      A recommendation to ‘make’ the Wareham  Neighbourhood Plan 2019-2034 be made to a Cabinet meeting after the referendum if the result of the referendum is in support of making the plan and there are no other issues identified that would go against such a decision.

 

 

Reason for the decision

 

To progress the Wareham Neighbourhood Plan to referendum so that pending a favourable vote, the plan can be ‘made’.

 

 

Alternative Options considered and rejected

 

The Council can decide not to follow the recommendations of the Examiner, but it must set out its reasons for doing so.

 

The Council has agreed to accept all of the Examiner’s recommendations made within her report (Appendix A).

 

Consultees

 

The plan has been subject to a large amount of public consultation as it has been progressed.

 

Budget Implications

 

Once a referendum date has been set, the Council becomes eligible for a grant of £20,000. This grant is intended to cover the costs associated with the Council’s input into the production of the neighbourhood plan including the examination and referendum. The grant of £20,000 will be sufficient to cover the costs associated with the examination and referendum.

 

 

Legal Implications

 

A legal challenge could theoretically be made against a decision to proceed to referendum. Such a challenge could be made on the basis that the neighbourhood plan, as modified, does not meet the basic conditions, is not compatible with the Convention rights or because it does not comply with the definition of a neighbourhood development plan. However, the independent Examiner has considered these matters in light of all of the objections that have been made to the plan.  Given the evidence before them, officers consider that there is no basis for reaching a different view to the Examiner.

 

 

Any Conflict of Interest

 

None

 

Reference Documents

 

·       Appendix A: Examiner’s Report

·       Appendix B: Referendum Version of the Wareham Neighbourhood Plan 2019-2034

 

 

 

a)    The Wareham Neighbourhood Plan 2019-2034, as modified (please see Appendix B), can proceed to referendum.

b)    A recommendation to ‘make’ the Wareham  Neighbourhood Plan 2019-2034 be made to a Cabinet meeting after the referendum if the result of the referendum is in support of making the plan and there are no other issues identified that would go against such a decision.

 

Reason(s) for Decisions:

 

To ensure Dorset Council meets its statutory duties and expectations relating to Prevent.

 

Alternative options considered and rejected

 

N/A

 

Any conflict of interest by any member consulted

 

N/A

 

 

Decision:

 

That Article 11 of the Council’s Constitution be amended to include the new statutory Channel Panel, its proposed membership, and terms of reference.

 

Agenda for Audit and Governance Committee on Friday, 9th July, 2021, 10.00 am - Dorset Council (wdwp.local)

Decision:

 

That Article 11 of the Council’s Constitution be amended to include the new statutory Channel Panel, its proposed membership, and terms of reference.

 

Reason(s) for Decisions:

 

To improve the complaint management process

 

Alternative options considered and rejected

 

N/A

 

Any conflict of interest declared by any member consulted

 

N/A

 

Decision

 

That the revised Whole Authority Complaints Policy (set out in Appendix A of the report) to change to a single stage process for non-statutory complaints.

 

The revised arrangements for managing unreasonable behaviours (as set out in appendix B of the report) be noted.

 

Agenda for Audit and Governance Committee on Friday, 9th July, 2021, 10.00 am - Dorset Council (wdwp.local)

 

 

Decision

 

That the revised Whole Authority Complaints Policy (set out in Appendix A of the report) to change to a single stage process for non-statutory complaints.

 

The revised arrangements for managing unreasonable behaviours (as set out in appendix B of the report) be noted.