Decisions

Reason for the Decision

The rails have been put permanently out of use by Network Rail.  This network change has been agreed by government.  The now redundant rails are an ongoing safety hazard and maintenance burden to Dorset Council.  Should the scheme not go ahead within the planned window, there is the risk that Dorset Council will have to return the grant.

 

Alternative Options considered and rejected

Dorset Council has been working with Network Rail to identify a satisfactory, long term solution to the problem. 

 

Options considered include surfacing over and infilling.  An infilling trial was undertaken in 2012.  Four different options were tested, but none proved durable.  In addition, infilling only addresses on aspect of the risk (cycle wheels being caught in the void between the tracks) The slip hazard remains, and there has been no reduction in the accident rate. 

 

An option for partial removal has been considered and discounted because although it may remove the risk to cyclists at key locations, the risk remains elsewhere, and the long-term maintenance issue would remain unresolved including the presence of wooden sleepers under the carriage. 

 

Surfacing options have been discounted because they only provide a temporary solution and leave the long-term maintenance liability in place. 

 

Do nothing was ruled out as untenable due to the ongoing risk to safety, the long-term maintenance issues and the positioning of the rails precludes the development of an on-road cycle route to be developed separately as part of the town wide network.

 

Consultees

External: Network Rail, Weymouth Town Council,

Internal: Local Member, Conservation Officer and Archaeologist.  Engagement with local members

 

Budget Implications

£200,000 from the Local Transport Plan budget.  £1.137M from the Department for Transport.  £200,000 from Network Rail. (update: Network Rail given an extra £41,319 – total of £241,319) Notice amended on 21/12/2020

 

Legal Implications

The transfer of ownership of  the rails is underway and will be completed on receipt of documentation from Network Rail, who are joint funders of the scheme. We have assurances from Network Rail that they have instructed their legal representatives to effect the transfer and finance has been authorised.

 

Reference Documents

For full information about the rationale behind the scheme, see our funding bid. 

 

https://www.dorsetcouncil.gov.uk/roads-highways-maintenance/maintenance/road-maintenance/pdfs/dft-highways-maintenance-challenge-fund-tranche-2b-application-form-dorset-council.pdf

 

Decision

 

To proceed with the removal in accordance with the terms of the £1.137M Department for Transport grant – while being sensitive to the historic context.

Reason for Decision

To ensure that the use of the accommodation continues to support the farm holding.

 

Alternative options considered and rejected

N/A

 

Decision

To enter into Section 106 agreements to tie accommodation to the farm holding at Patson Hill Farm (planning applications WD/D/19/001247 and WD/D/19/001248).

 

This decision is taken under delegated authority, under paragraph 134 of the Officer Scheme of Delegation, which includes the power to determine “whether to require /  impose any condition, obligation, limitation and/or any other restriction and/or any other requirement in respect  thereof” in relation to any planning application, providing that certain triggers have not been met. The triggers have not been met in this case.

 

Reason for Decision

The appointment of an independent examiner is a legal requirement of the Town and Country Planning Act 1990 as amended by Localism Act 2011 once a neighbourhood plan has been submitted to the Council.

 

Alternative options considered and rejected

There are no alternative options to the appointment of an examiner, as the appointment of an independent examiner is a legal requirement.  Four potential examiners have been considered, and the choice was made jointly with the neighbourhood qualifying body.

 

Decision

The appointment of an independent examiner for the examination of the Chickerell neighbourhood development plan.

 

 

Reasons for Decision

a)    The proposed extinguishment and diversion meet the legal criteria set out in the Highways Act 1980.

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

c)    Accordingly, the absence of objections may be taken as acceptance that the proposed extinguishment and diversion are expedient and therefore Dorset Council can itself confirm the Order.

 

Alternative options considered and rejected

N/A

Decision

That:

a)    The proposal to extinguish Footpaths 92 and 96 and divert footpath 69, Beaminster, Windy Ridge be accepted and extinguishment and diversion Orders made.

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

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

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 the Decision

 

To progress the Milton Abbas Neighbourhood Plan to

referendum so that pending a favourable vote, the plan can

be ‘made’. (Current Regulations linked to the Coronavirus

Act 2020 mean that no neighbourhood plan referendums

can take place until 6 May 2021. However, the

Government’s Planning Practice Guidance has been

updated and sets out that neighbourhood plans that have

been subject to a decision statement, stating that they can

proceed to referendum, can be given significant weight in

decision-making.)

 

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.

Regarding the examiner’s recommendations, in paragraph

90 of his report (see Appendix A) he states “I nevertheless

recommend that consideration be given to the identification

of a reserve site, which could potentially be released in the

event that there is a shortfall in meeting the housing

requirement over the Plan period as a result of the decisions

reached on applications for any of the allocated sites. The

Plan should make it clear that this site should only be

considered for release if evidence exists that, without it, the

Plan would not be able to meet the identified need for

housing.”

The neighbourhood plan group and Milton Abbas parish

council (as the qualifying body) have both considered

whether to include a reserve site. The minutes from the

parish council meeting held on 13 August 2020 (see

Appendix B) show that both the neighbourhood plan group

and the parish council agreed that the draft neighbourhood

plan meets the needs of the parish and therefore can

proceed without a reserve site.

Dorset Council has separately considered the matter of

whether a reserve site should be included in the plan. There

is no suggestion by the examiner that a reserve site is

necessary in order for the plan to meet ‘basic conditions’ or

any other legal requirement. Dorset Council notes that the

parish council has given the matter due consideration and

taken a vote. Since production of a neighbourhood plan

should be led by the qualifying body (in this case, the parish

council), Dorset Council sees no reason on this occasion to

amend the plan to include a reserve site.

Aside from the matter of a reserve site, the Council has

agreed to accept all of the Examiners recommendations

made within his report (see Appendix A).

 

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.

Decision

 

a) The Milton Abbas Neighbourhood Plan 2019 - 2031,

as modified (please see Appendix C), can proceed to

referendum.

 

 

b) A recommendation to ‘make’ the Milton Abbas

Neighbourhood Plan 2019 - 2031 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.