Decisions

To approve application P/FUL/2020/00052 subject to conditions.

 

The application relates to Grove Farm, Chaffeymoor Hill, Bourton. The description of development is as follows:

 

Erect Yoga Studio with attached deck and sauna facilities, use of existing on site parking and turning to serve the proposed use, improvements to the access onto Chaffeymoor Hill and change of use Grove Farm from C3 to C1 use to provide B&B accommodation for not more than 20 persons in connection with the proposed use.

 

This decision was taken by myself, in my role as nominated officer, during the Northern Area Planning Committee meeting on 11 January 2022. The decision was taken under arrangements which were put in place following the full Council meeting held on 4 May 2021. At this full Council meeting, it was agreed that all Council meetings that are not executive in nature would continue to be held virtually, with committee members expressing a ‘minded to’ decision, and with specific officers (including service managers) being authorised to exercise delegated powers to make decisions in light of the ‘minded to’ decisions expressed by members. These arrangements were subsequently extended by decision notices issued by the Chief Executive on 22 July 2021 and 4 October 2021.

 

To approve planning application P/FUL/2021/03942, and the associated listed building consent application P/LBC/2021/03943, subject to conditions.

 

The applications relate to Symondsbury Primary School, Mill Lane, Symondsbury, DT6 6HD. The applications are for installation of roof mounted solar photovoltaic (PV) panels and associated infrastructure.

 

This decision was taken by myself, in my role as nominated officer, during the Western and Southern Area Planning Committee meeting on 6 January 2022. The decision was taken under arrangements which were put in place following the full Council meeting held on 4 May 2021. At this full Council meeting, it was agreed that all Council meetings that are not executive in nature would continue to be held virtually, with committee members expressing a ‘minded to’ decision, and with specific officers (including service managers) being authorised to exercise delegated powers to make decisions in light of the ‘minded to’ decisions expressed by members. These arrangements were subsequently extended by decision notices issued by the Chief Executive on 22 July 2021 and 4 October 2021.

 

To approve application P/FUL/2021/03944 subject to conditions.

 

The application relates to Thorners Church of England Primary School, School House Lane, Litton Cheney, DT2 9AU. The application is for installation of roof mounted solar photovoltaic (PV) panels and associated infrastructure.

 

This decision was taken by myself, in my role as nominated officer, during the Western and Southern Area Planning Committee meeting on 6 January 2022. The decision was taken under arrangements which were put in place following the full Council meeting held on 4 May 2021. At this full Council meeting, it was agreed that all Council meetings that are not executive in nature would continue to be held virtually, with committee members expressing a ‘minded to’ decision, and with specific officers (including service managers) being authorised to exercise delegated powers to make decisions in light of the ‘minded to’ decisions expressed by members. These arrangements were subsequently extended by decision notices issued by the Chief Executive on 22 July 2021 and 4 October 2021.

 

To approve application P/RM/2021/00630 subject to conditions.

 

The application relates to land off Cattistock Road, Maiden Newton, Dorchester, DT2 0AG. This is a reserved matters application dealing with site appearance, landscaping, scale and layout in relation to outline approval WD/D/16/001598.

 

This decision was taken by myself, in my role as nominated officer, during the Western and Southern Area Planning Committee meeting on 6 January 2022. The decision was taken under arrangements which were put in place following the full Council meeting held on 4 May 2021. At this full Council meeting, it was agreed that all Council meetings that are not executive in nature would continue to be held virtually, with committee members expressing a ‘minded to’ decision, and with specific officers (including service managers) being authorised to exercise delegated powers to make decisions in light of the ‘minded to’ decisions expressed by members. These arrangements were subsequently extended by decision notices issued by the Chief Executive on 22 July 2021 and 4 October 2021.

 

To approve application P/VOC/2021/03367 for a temporary period up to 31 December 2022 and subject to conditions as set out in the officer’s report.

 

The application relates to Unit 2, Lyme Regis Industrial Estate, Uplyme Road, Lyme Regis, DT7 3LS. The application is for Change of use from B1 to E(d) (formerly use class D2) to allow the building to be used as a fitness centre (without compliance to condition 4 of planning approval WD/D/14/002435 - restriction on business hours).

 

This decision was taken by myself, in my role as nominated officer, during the Western and Southern Area Planning Committee meeting on 6 January 2022. The decision was taken under arrangements which were put in place following the full Council meeting held on 4 May 2021. At this full Council meeting, it was agreed that all Council meetings that are not executive in nature would continue to be held virtually, with committee members expressing a ‘minded to’ decision, and with specific officers (including service managers) being authorised to exercise delegated powers to make decisions in light of the ‘minded to’ decisions expressed by members. These arrangements were subsequently extended by decision notices issued by the Chief Executive on 22 July 2021 and 4 October 2021.

 

To approve application WP/21/00029/FUL subject to conditions.

 

The application relates to 12 Spa Avenue, Weymouth, Dorset, DT3 5EJ. The application is for change of use to convert existing dwelling (use class C3) into dental practice (use class E(e)) and creation of vehicular access.

 

This decision was taken by myself, in my role as nominated officer, during the Western and Southern Area Planning Committee meeting on 6 January 2022. The decision was taken under arrangements which were put in place following the full Council meeting held on 4 May 2021. At this full Council meeting, it was agreed that all Council meetings that are not executive in nature would continue to be held virtually, with committee members expressing a ‘minded to’ decision, and with specific officers (including service managers) being authorised to exercise delegated powers to make decisions in light of the ‘minded to’ decisions expressed by members. These arrangements were subsequently extended by decision notices issued by the Chief Executive on 22 July 2021 and 4 October 2021.

 

That the application to divert Footpath 8, Horton at Horton Farm be formally abandoned.

 

To enter into a Planning Performance Agreement (PPA) with Bellway Homes (Wessex) (the applicants) relating to the proposed development of land east of New Road, West Parley. 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, and the processing of Reserved Matters applications pursuant to outline planning permission 3/17/2609/OUT. 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.

 

Case Ref:	WD/ENF/18/00200
Nature of Enquiry:	Alleged unauthorised storage of Land Rovers on highway and within curtilage of property.
Location:	Camelot The Green Puddletown Dorset DT2 8SN

 

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:

 

(a) any action to seek to regulate any actual or perceived breach of any notice, order, agreement, obligation and/or other document, condition, restriction and/or other limitation issued or provided for pursuant to such Town and Country Planning Legislation;

 

 

(c) to determine whether to issue any notice including:

     (i) any requisition for information;

     (ii) any planning contravention notice;

     (iii) any enforcement notice;

     (iv) any breach of condition notice;

     (v) any notice pursuant to section 215 Town and Country Planning Act 1990;

     (vi) any temporary stop notice;

     (vii) any stop notice;

     (viii) any advertisement discontinuance notice; and/or

     (ix) any replacement tree notice;

 

(d) to determine whether or not to amend and/or withdraw any notice;

 

(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.

 

Case Ref:	ENF/2019/0181
Nature of Enquiry:	Alleged breach of conditions 2 & 5 of 2/2012/0177/PLNG relating to ridge height and obscure glazing.
Location:	Brooks Village Road Woolland Dorset DT11 0EP

 

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.

 

To not to take action because in Officer 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.

 

The planning application (WP/21/00029/FUL) for 12 Spa Avenue, Weymouth was considered by the southern and western planning committee on 06/01/2022. Members were advised of a change to the recommendation to delegate authority to the Head of Planning to approve the application, due to a change required to the highway conditions and the need for additional conditions.

 

The committee’s minded to resolution was therefore to approve the application subject to amendments to the highway conditions and the additional conditions. At the meeting, I confirmed that the decision would be implemented in line with the ‘minded to’ resolution of the committee, and this is recorded in a delegated decision record dated 19 January 2022.

 

The amended highway conditions including the additional conditions are as follows: -

 

Vehicle access construction

Prior to the use hereby permitted being commenced, an access specification showing how the vehicular access is to be constructed shall be submitted to and approved in writing by the Local Planning Authority. The first 5.00 metres of the vehicle access, measured from the rear edge of the highway (excluding the vehicle crossing - see the Informative Note below), must be laid out and constructed in accordance with the approved access specification prior to the use first commencing.

 

Reason: To ensure that a suitably surfaced and constructed access to the site is provided that prevents loose material being dragged and/or deposited onto the adjacent carriageway causing a safety hazard.

 

Turning and parking construction

Prior to the use hereby permitted being commenced, the turning and parking shown on Drawing Number AJC/120/20/B/Rev2 must have been constructed. Thereafter, these areas, must be permanently maintained, kept free from obstruction and available for the purposes specified.

 

Reason: To ensure the proper and appropriate development of the site and to ensure that highway safety is not adversely impacted upon.

 

No gates

At no time shall any gates be installed to the vehicular access points.

 

Reason: To ensure the free and easy movement of vehicles through the accesses and to prevent any likely interruption to the free flow of traffic on the adjacent public highway.

 

Entry/exit only accesses

Prior to the use hereby permitted being commenced, a scheme to show how the accesses shown on Drawing Number AJC/120/20/B/Rev2 will be signed and marked to ensure the accesses are used for the purpose of Entry Only/Exit Only shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme must be provided prior to the use first commencing and, thereafter, must be permanently maintained for the purpose specified.

 

Reason: To ensure safe entry and exit to and from the site onto the highway. 

Case Ref:	ENF/2019/0090
Nature of Enquiry:	Alleged unauthorised erection of a nine foot fence
Location:	1 Runslea Garlands Lane Belchalwell Dorset DT11 0EQ

 

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.

 

The current Alternative Provision framework is due for renewal.  A new Alternative Provision delivery model for educational provision will be required from September 2022 and we will go out to tender if this is approved by Cabinet.   

 

Decision of the Portfolio Holder for Children, Education, Skills and Early Help

 

(a)           That the procurement process, as set out in the report, be agreed.

 

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

 

Reason for the decision

 

Cabinet is required to approve all key decisions with financial consequences of £500k or more. The current contractual arrangements would come to an end in August 2022 and local authorities were required to arrange alternative education for children pupils who, because of exclusion, illness or other reasons, would not otherwise receive a suitable education (Alternative Provision Guidance, 2013).

 

          Decision - Alternative Education Provision tender for Implementation from September 2022 - Dorset Council

To seek procurement approval and delegations.

Decision of Portfolio Holder for Children, Education, Skills and Early Help

 

(a)           To agree, the procurement process for a holistic programme for vulnerable women who have experienced, or are at risk of, repeat removals of children from their care, “Pause Practice” in Dorset.

 

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

 

Reason for the decision

 

Cabinet is required to approve all key decisions with financial consequences of £500,000 or more.

 

Decision - 'ROC' - Reducing Repeat Removals of Children in Care Project Procurement Approval - Dorset Council

A quarterly report on the delivery of the council's plan

Noted

 

Cabinet noted the progress made against the council plan for the period October-December 2021.

 

Reason to note and receive the report

 

To ensure progress towards the Council Plan is monitored.  

 

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 Portfolio Holder for Finance, Commercial & Capital Strategy set out the Budget Strategy and medium-term financial plan report. The Council had a duty to set a balanced revenue budget and to approve the level of council tax.

 

The Portfolio Holder set out the headlines of the budget including the proposal to set an increase in general council tax of 1.998% and 0.996% in social care precept, providing a band D council tax figure for Dorset Council of £1,832.67; an overall increase of 2.994%. Additional funds of 10.4 million had been awarded to the council from central government. However, he stated that some of this funding had been ring-fenced and any balance not used or ring-fenced should be used as a contingency fund given the current climate and the ongoing pandemic.

 

The budget proposals had been built around the priorities identified in the Dorset Council Plan and were considered by the Dorset Council Scrutiny Committees on 10 December 2021 and 7 January 2022. The Chairman also stated that all councillors had the opportunity to attend recent budget café meetings so that they could be part of shaping the budget for the forthcoming year.

 

The following comments and questions were made by non-executive councillors:

 

·       3% was the maximum that council tax could be increased without a referendum. We have one of the highest council tax rates in the country and this was likely to continue to be so.

·       Concern expressed about future fuel cost increases to residents

·       Capital Programme – there is a need to continue to keep the Council’s capital programme under review in terms of its affordability and alignment with the Council’s priorities.

 

In response, the Chairman advised that following the scrutiny meeting he had agreed that a fundamental review of the capital programme would be carried out and this would come back to scrutiny at some point.

 

There were no additional questions from Cabinet.  The Portfolio Holder for Finance, Commercial & Capital Strategy read out his 10 recommendations to full council in respect of the budget strategy.

 

Cabinet confirmed that their “minded to” view was to support the recommendation.

 

Recommendation to Full Council from the Portfolio Holder for Finance, Commercial and Capital Strategy.

 

(a)           That the revenue budget summarised in appendix 1, be agreed

 

(b)           That the increase in general council tax of 1.998% and 0.996% in the social care precept, providing a band D council tax figure for Dorset Council of £1,832.67, an overall increase of 2.994%, be agreed.

 

(c)           That no change to the current scheme of Local Council Tax Support as set out in the report, be agreed.

 

(d)           That the capital strategy set out in Appendix 3 and the capital programme set out in Appendix 4, be agreed.

 

(e)           That the treasury management strategy as set out in Appendix 5, be agreed

(f)             That the assumptions used to develop the budget strategy and medium-term financial plan (MTFP) as set out throughout the report and summarised in Appendix 6, be agreed

 

(g)           That the recommended balances on earmarked reserves and on general funds, including the minimum level of the general fund, be agreed

 

(h)           That the addition of £4.4m from the settlement into the contingency budget, until there is clarity around further costs of implementing national reforms and as a hedge against emerging cost pressures, be agreed

 

(i)             That the responses to the recommendations and comments made as part of the budget scrutiny process, be agreed

 

(j)             That the concern around the cumulative overspend on the High Needs Block (HNB) and more importantly, the impact that an unmitigated transfer of this deficit to the council will have on its financial position when the statutory instrument falls away, as currently scheduled, on 1 April 2023, be noted.

 

Reason for Recommendation:

The Council is required to set a balanced revenue budget, and to approve a level of council tax was an integral part of this.  A balanced budget is essentially one where all expenditure is funded by income without unsustainable use of one-off, or short-term sources of finance.

The Council is also required to approve a capital strategy, a capital programme and budget, and a treasury management strategy, each of which were included with the report to Cabinet.

The draft budget proposals had been considered by the Place and Resources Scrutiny Committee and by the People and Health Scrutiny Committee and their recommendations were set out in appendix 7 of the report for Cabinet consideration.

 

To consider the Council’s revenue budget position at the end of Q3 and the changes since Q2

Noted

 

(a)           That the senior leadership team’s forecast of outturn at the end of Quarter 3, including progress of the transformation and tactical savings incorporated into the budget be noted.

 

(b)           That the position on the capital programme at the stage and the likelihood of significant slippage into 2022/23, as referenced throughout the budget setting work, be noted.

 

(c)           That the downgrading of the risk assessment for the financial performance for the final quarter of the current year be agreed.

 

 

Reason to note and receive the report

 

The Council had responsibilities to deliver within its corporate plan and it must do this within the resources made available through the revenue and capital budgets for 2021/22. The report summarised the Council’s forecast financial performance for 2021/22 at the Quarter 3 point of the year.

 

Decision

To agree, the procurement process for a holistic programme for vulnerable women who have experienced, or are at risk of, repeat removals of children from their care, “Pause Practice” in Dorset.

 

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

 

Reason for the decision

Cabinet is required to approve all key decisions with financial consequences of £500,000 or more.

 

Alternative Options considered and rejected

N/A

 

Consultees

N/A

 

Budget Implications

As set out within the report to cabinet of 18 January 2022

 

Legal Implications

As set out within the report to cabinet of 18 January 2022

 

Any Conflict of Interest

N/A

 

Reference Documents

Agenda for Cabinet on Tuesday, 18th January, 2022, 10.00 am - Dorset Council

To agree, the procurement process for a holistic programme for vulnerable women who have experienced, or are at risk of, repeat removals of children from their care, “Pause Practice” in Dorset.

 

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

 

Decision

That the procurement process, as set out in the report, be agreed.

 

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

 

 

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 August 2022 and local authorities are required to arrange alternative education for children pupils who, because of exclusion, illness or other reasons, would not otherwise receive a suitable education (Alternative Provision Guidance, 2013).

 

Alternative Options considered and rejected

N/A

 

Consultees

N/A

 

Budget Implications

The financial implications are as is set out within the report to Cabinet of 18 January 2022

 

Any conflict of interest?

None

 

Reference documents

Agenda for Cabinet on Tuesday, 18th January, 2022, 10.00 am - Dorset Council

That the procurement process, as set out in the report, be agreed.

 

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