Decisions

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.

Reasons for Decisions:

 The available evidence shows, on balance, that the proposed right of way B - B1 - C subsists as a through route, i.e. Footpath 22, Wimborne St Giles exists as a through route to the Cranborne parish boundary at Bowldish Pond, and should be shown on the definitive map;

 The available evidence does not, on balance, show that the proposed right of way to the north and south of Footpath 22 subsists or is reasonably alleged to subsist. 

 The evidence shows, on balance, that the route B – B1 – C should be recorded as a footpath as described. Accordingly, in the absence of objections the Council can itself confirm the Order without submission to the Planning Inspectorate.

Decisions on definitive map modification orders ensure that changes to the network of public rights of way comply with the legal requirements. 

Alternative options considered and rejected:

None

That:

a)    An order be made to modify the definitive map of rights of way to record an extension of Footpath 22, Wimborne St Giles as shown B – B1 – C on Drawing 17/08/1;

b)    The section of the proposed route from A – B and from C – C1 – D – E – E1 – F as shown on Drawing 7/08/1 is not recorded on the definitive map and statement;

c)    If the Order is unopposed, or if all objections are withdrawn, it be confirmed by the Council.

Re : Deed of Easement – Stour Meadows Blandford St Mary

Decision to enter into a deed of covenant with the Homes and Communities Agency as this is required under the provisions of the deed of easement

The power is a delegated power within Council’s Constitution:

118 To determine whether to issue or withhold any consent or approval under the terms of any lease, conveyance or other document

Delegation to Corporate Director, Legal and Democratic (Monitoring Officer) Jonathan Mair Nominated to Lara Altree

Reason for Decisions

To facilitate the occupation of this unit which although let is currently vacant as the tenant has been trying to assign his lease for over one year. Howdens would be a good tenant and would help to maximize the Council’s income.

Alternative options considered and rejected:

None

To assign a lease to Howdens Joinery Properties Limited of Unit A2 South Western Business Park, Sherborne, Dorset.

Reason for Decision

To surrender a Lease and re grant a longer more modern lease at a higher rental.

Alternative option considered and rejected:

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

Surrender of 25 year lease and re grant of 60 year full repairing and insuring lease, Redcliff Hotel, 18 – 19 Brunswick Terrace , Weymouth.

Reason for Decision

To give effect to the decision made by the former Weymouth & Portland Borough Council to transfer the Lennox Street store to Weymouth Town Council

The store was on the list of properties due to be transferred as part of the creation of the Town Council  and should have been contained in the Reorganisation of Community Governance (second variation)  Order 2019 dated 21 02 2019 but due to title problems, it was decided to leave it out of the Order and transfer it separately when those issues had been resolved

Alternative option considered and rejected

Not to transfer the store

To transfer the title to Lennox Street store to Weymouth Town Council.