Decisions

Reason for Decision

A collaboration for water refill points between Wessex Water, Weymouth Town Council and Dorset Council.

Alternative options considered and rejected:

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

Licence for new Water Refill Points in Weymouth.

Reason for Decision

To remove a temporary RNLI facility as per planning consent.

Alternative options considered and rejected:

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

A Licence for Alterations (Minor Works) Weymouth.

Reason for Decision

To renew the existing 10 year lease at market rent.

Alternative options considered and rejected:

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

A new internal repairing lease for 10 years at Weymouth Sands Guest House, 5 the Esplanade, Weymouth.

Reason for the Decision

To progress the Portland neighbourhood Plan to referendum so that pending a favourable vote, the plan can be “made”

Alternative Options considered and rejected

The Council has agreed to accept all the Examiners recommendations made within her report – Appendix A

Budget Implications

Once a referendum date has been set, the Council becomes eligible for grant of £20,000.  This grant is intended to cover the costs associated with the Council 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 matter 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 Examiners report

Appendix B Referendum version of the Portland Neighbourhood Plan 2017 - 2031

(a)       The Portland Neighbourhood Plan 2017 – 2031, as modified can proceed to referendum;

(b)       A recommendation to “make” the Portland Neighbourhood Plan 2017 – 2031 be made to a Cabinet meeting after the reference 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 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’.

In the absence of the Portfolio Holder for Finance, Commercial and Assets, the Chairman (Leader of the Council) presented the Budget Strategy for 2020-2021.

The Chairman advised that the budget carried forward many aspects of the submitted paper to the scrutiny committee(s), but had been improved following their engagement.  The Chairman thanked Scrutiny for their contribution and their constructive challenge to the budget process.

Cabinet was advised that there was two key focuses that underpinned the budget.  The transfer of resources to front line services, in particular Adult Social Care and Children’s Services. £11.7m had been added to the expenditure on the most vulnerable adults in the Dorset area and £10.3m was to be spent on children with care or educational needs.

The budget increased the council tax burden to residents by just under 4% and this proposed increase was considered carefully before being presented to members, but was necessary to meet the needs of Dorset’s most vulnerable residents.  The council tax increase provided £9.6m which was less than half of the extra money allocated to the care services.  Members noted that the formation of the unitary council meant that there would be not cut in services through the budget presented to members for 2020-2021

The second element of the budget related to the move of money from back office tasks to front line services.  The creation of the unitary council had allowed a reduction to central costs, including a slim-lined leadership team, reduction in councillors and the removal of duplication across other levels of the organisation.  This rationalising would continue in future years. 

In proposing the recommendation to Full Council, the Chairman advised that this was a balanced budget that members could have confidence in. 

In response to questions from non-executive councillors, the Executive Director of Corporate Development explained that there had been minor changes from the figures presented to the Scrutiny Committee(s) as more details of funding had recently being announced by Government, in particular details of the New Homes Bonus. Members noted that there may be some further very minor adjustments to the final figures to be presented to Full Council on 18 February 2020, to take account of rounding’s in the calculation of the precept bandings.

Both the Portfolio Holders for Children, Education and Early Help and Adult Social Care and Health welcomed the budget; they acknowledged that the Blue Print for Change and other transforming projects must continue at pace,  in order that the council was able to respond to increasing demand. However it was also essential that councillors continued to lobby central government regarding future funding for Dorset.

Members also welcomed the proposed approach to policy change that was intended to encourage owners of long-term empty properties to return these to homes of use.

In response to questions, the Executive Director of Corporate Development confirmed that senior officer of the council had been part of the budget process to ensure their departmental budgets were realistic stating that it was important that officers understood budget expectations.

Recommendation to Full Council

1.    That the revenue budget summarised in Appendix 1 be approved;

2.    That the increase in general council tax of 1.995% and to levy 2% as the social care precept, providing a band D council tax figure for Dorset Council of £1,694.7, be approved:

3.    That the capital strategy set out in Appendix 3 and the capital programme set out in Appendix 4, be approved;

4.    The treasury management strategy set out in Appendix 5, be approved;

5.    That the assumptions used to develop the budget strategy and MTFP as set out throughout the report be Cabinet and summarised in Appendix 6, be approved;

6.    That the recommended balances on earmarked reserves and on general funds, including the minimum level of the general fund, be approved;

7.    That the application of council tax premiums as set out in the report to Cabinet, for long-term empty properties, to encourage those homes back into use, be approved;

8.    That the responses to the recommendations and comments made as part of the budget scrutiny process, as set out in Appendix 8 of the report be agreed.

The cost reductions flowing from reorganisation as summarised in Appendix 7 of the report to cabinet were received and noted.

Reason for Recommendation:     

The Council is required to set a balanced revenue budget, and to approve a level of council tax as an integral part of this.

The Council is also required to approve a capital strategy, a capital programme and budget, and a treasury management strategy.

The draft budget proposals have been considered and endorsed by the four Dorset Council scrutiny committees (People, Place, Resources and Health).