Decisions

This decision is taken under delegated powers set out in Paragraph 145 of the Officer Scheme of Delegation in the Council’s constitution, which grants delegated authority to undertake all action in order to regulate any actual, perceived or potential breach of any of the Town and Country Planning Legislation including:

 

(f) to determine whether or not to take and/or to cease action whether because in his/her opinion the breach is trivial, there is insufficient demonstrable harm and/or, it is not expedient to take / continue to take action

 

This authority has been delegated to me through the Local Scheme of Nomination for the Executive Director for Place.

 

To recommend that Mr Peter Hopkins be appointed as a Director of Prospect Business Park Management Company (Swanage) Limited and request the necessary registration be filed at Companies House.

 

Reason for the decision

 

Neighbourhood Area designation

 

Dorset Council has received a neighbourhood area application (Appendix A) from Church Knowle Parish Council.

 

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.’

 

Church Knowle Parish Council has applied to have the whole of its parish area designated as a neighbourhood area. The area specified in the application does not extend beyond the Church Knowle parish boundary 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 Church Knowle 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 Church Knowle 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 is clear that a neighbourhood area should only be designated as a business area if it is ‘wholly or predominantly business in nature’.

 

Church Knowle is a village and civil parish on the Isle of Purbeck. Whilst some businesses are located and operate in Church Knowle, the parish is predominantly rural in nature. Therefore, the Council is not aware of any evidence to suggest that it would be appropriate to designate the proposed neighbourhood area as a business area.

 

Any conflict of interest declared by any member consulted

N/A

 

Any dispensation granted in respect of any declared conflict of interest

N/A

Decision

 

That the Church Knowle parish area in Dorset 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 make a final determination as to whether to designate a neighbourhood plan area and/or make such an area a business area’ in instances where the Council is legally obliged to approve the designation. As detailed below the Council is legally obliged to approve the neighbourhood area application received from Church Knowle Parish Council.

 

(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.)

 

This decision is taken under delegated powers set out in Paragraph 145 of the Officer Scheme of Delegation in the Council’s constitution, which grants delegated authority to undertake all action in order to regulate any actual, perceived or potential breach of any of the Town and Country Planning Legislation including:

 

(f) to determine whether or not to take and/or to cease action whether because in his/her opinion the breach is trivial, there is insufficient demonstrable harm and/or, it is not expedient to take / continue to take action

 

This authority has been delegated to me through the Local Scheme of Nomination for the Executive Director for Place.

 

This decision is taken under delegated powers set out in Paragraph 145 of the Officer Scheme of Delegation in the Council’s constitution, which grants delegated authority to undertake all action in order to regulate any actual, perceived or potential breach of any of the Town and Country Planning Legislation including:

 

(f) to determine whether or not to take and/or to cease action whether because in his/her opinion the breach is trivial, there is insufficient demonstrable harm and/or, it is not expedient to take / continue to take action

 

This authority has been delegated to me through the Local Scheme of Nomination for the Executive Director for Place.

 

This decision is taken under delegated powers set out in Paragraph 145 of the Officer Scheme of Delegation in the Council’s constitution, which grants delegated authority to undertake all action in order to regulate any actual, perceived or potential breach of any of the Town and Country Planning Legislation including:

(d) to determine whether or not to amend and/or withdraw any notice;
This authority has been delegated to me through the Local Scheme of Nomination for the Executive Director for Place

 

To approve the Youth Justice Plan.

The Portfolio Holder for Children, Education, Skills and Early Help presented the Youth Justice Plan for 2022/23 and he thanked the People & Health Overview Committee for their consideration of the report on 3 May 2022.

 

The Executive Director for People (Children) took the opportunity to highlight the areas from the report where progress had been made and any areas where attention was needed.

 

It was proposed by Cllr A Parry seconded by Cllr R Bryan.

 

Recommendation to Full Council

 

That the Youth Justice Plan 2022/23 be approved.

 

Reason for the 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 Probation Service (Dorset). Approval for the Youth Justice Plan is also being sought from Bournemouth, Christchurch and Poole Council.

 

 

That the Aspire Adoption Annual Report and Statement of Purpose be received and noted.

 

 

Reason for the decision

 

That Cabinet is satisfied that the Aspire Statement of Purpose accurately describes the activities that the agency discharges on behalf of Dorset Council and the Annual Report satisfies the report that these activities were discharged to a high standard in the last year.

 

Re-procuring the current framework for training providers to deliver courses for Children's Services (including the Pan-Dorset Safeguarding Children Partnership) and Adults and Housing Services. The total value is approximately £2m over the 4 years of the framework.

 

 

(i)             Cabinet agreed to commence the procurement process, award contracts, and implement the framework as per timetable summarised in 1.4 of the report of 17 May 2022.

 

(ii)            That the further step of making any framework award be delegated to the Portfolio Holder for Children, Education, Skills and Early Help in consultation with the Executive Director People – Children’s.

 

Reason for the decision

 

Cabinet is required to approve all key decisions with financial consequences of £500k or more

The current contractual arrangements will come to an end in March 2023.

To be compliant with procurement legalisation, to ensure best value and quality of training provision

 

A review of the appropriateness of continuing to use those published, national minimum MIG rates in Dorset will be presented in accordance with the Care Act 2014 statutory guidance. The review will consider option for MIG rates that are equal to, and greater than, the national minimum rates.

Cabinet agreed that: -

 

(i)             the Dorset Minimum Income Guarantees (MIG) for financial year 2022/23 should be set at the DH&SC MIG rates, which have been uplifted by 3%.

 

(ii)            the approach to the review in Dorset, (which began in October 2021) involved first establishing that the MIG rates for 2021-22 were sufficiently robust.

 

(iii)          Dorset Council should not set a maximum percentage of a person’s disposable income (over and above the guaranteed MIG) which may be considered in charging during 2022-23.

 

(iv)          Dorset Council should not set a maximum charge for receiving care outside a care home during 2022-23.

 

(v)           both formal complaints and informal appeals concerning the MIG should be recorded and reported in a way that gives us ongoing feedback about whether the MIG rates we have set have are sufficient.

 

(vi)          The Dorset MIG rates should be increased whenever the DH&SC rates increase, with any unplanned mid-year increases being funded by efficiencies within the Adult Social Care directorate. Accepting that there is a financial risk to the Council

 

(vii)         the approach to setting the Dorset Council Personal Expenses Allowance (PEA), (which applies to residents and temporary residents in residential care) should follow the approach to setting the MIG in future, to offer consistency between care settings.

 

(viii)       Adult Social Care should recommend considering further increases to the MIG and PEA levels as part of setting the Council’s 2023-24 budget, and annually thereafter as part of setting future budgets.

 

(ix)          Dorset Council may wish to consider the impact of the MIG and PEA in any wider suite of measures it identifies for alleviating increases in the cost of living that all residents have experienced, and particularly those who are receiving care and support.

 

Reason for the decision

 

The reason for the recommendations is to achieve transparency and more explicitly meet the expectations of the Department of Health and Social Care’s Care and support statutory guidance - GOV.UK (www.gov.uk)  - particularly paragraphs 8.42–8.48 and Annex C paragraphs 48) - 50).

 

The item is subject to internal governance at BCP Council and may be delayed if unable to progress in time for cut off dates at Dorset Council.

That the adoption of the revised Inter-Authority Agreement with BCP Council over the provision of the Joint Archives Service be approved.

 

Reason for the decision

 

To enable and underwrite proper political, financial and strategic oversight of the Joint Archives Service.   

 

To provide relevant governance structure to oversee both the strategic direction and standard of service delivered to residents. Ensuring that both governance and accountability are clearly retained by the partner local authorities.

 

Subject Matter

Mary Anning Rocks (Registered Charity No 1188919) wish to erect a statue of Mary Anning upon Council Land.

 

Reason for the decision

To create better awareness of the life and work of May Anning and to facilitate tourism

 

Alternative Options considered and rejected

The gifting of the land but that option reduced the Council’s ability to ensure the status was properly cared for.

 

Consultees

Cllr Tony Ferrari

Cllr Belinda Bawden

 

Budget Implication

Legal costs of drafting a lease.

Surveyor’s time in progressing matters.

 

Legal Implications

The demise will be for 50 years and prohibit any alternative uses of the land upon which it sits. In view of the location and nature of this public open space it is not considered that the grant of this lease will prove detrimental to either Dorset Council or Lyme Regis Town Council.

 

Any conflict of interest

None

 

Reference Documents

a)    Draft Lease

b)    Public Notice

www.dorsetcouncil.gov.uk/section123-2a

 

That the grant of a lease for a term of 50 years at a peppercorn rent upon a small parcel of public open space for the placement of a statue of Mary Anning be agreed.

This decision is taken under delegated powers set out in Paragraph 145 of the Officer Scheme of Delegation in the Council’s constitution, which grants delegated authority to undertake all action in order to regulate any actual, perceived or potential breach of any of the Town and Country Planning Legislation including:

 

To determine whether or not to take and/or to cease action whether because in his/her opinion the breach is trivial, there is insufficient demonstrable harm and/or, it is not expedient to take / continue to take action

 

This authority has been delegated to me through the Local Scheme of Nomination for the Executive Director for Place.