Decisions

Application for a definitive map and statement modification order to add a footpath from Higher Holt Farm to Fuzzy Grounds, Melbury Osmond.

Recommendation:

That the application be refused.

Reason(s) for Decision

Since the Cabinet decision to grant a lease for a free school for pupils with special educational needs and disabilities to DET, MHCLG’s position is that it must be the tenant because it is constructing the school and the project is at risk until planning permission is granted.  MHCLG intends to assign the lease to DET once the buildings are developed.

Option(s) considered

N/A

To change the proposed tenant from Delta Educational Trust (DET) to Department of Housing Communities and Local Government (MHCLG) – decision date 26 July 2019

Reason(s) for Decision

Neighbourhood Area designation

Dorset Council has received a neighbourhood plan area application from Arne Parish Council (Purbeck area). 

Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016, Regulation 5A states that 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 plan area, none of that neighbourhood area extends outside the parish council’s area;

the local planning authority must exercise their powers under section 61G of the 1990 Act to designate the specified area as a neighbourhood plan area.

Regulation 5A also states that where this regulation applies, regulations 6 and 6A (which require consultation) do not apply. 

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.”

Other provisions in the 2016 Regulations also indicate that in the circumstances outlined above, there is no requirement for a local planning authority to consult on the proposed neighbourhood plan area. However, the responsibility for designation still rests with the Council. 

Arne Parish Council propose to re-designate land, along Parish Council Boundaries, as a neighbourhood area to address an existing overlap between the designated area of Arne and Wareham. The proposed designated area will not extend beyond Arne Parish boundaries or overlap with other designated neighbourhood areas.   Under the 2016 Regulations there is, therefore, no requirement to consult on the application and the Council “must designate the whole of the area applied for”.

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”.

Options considered

As a valid application has been received from Arne Parish Council the Council must designate a neighbourhood area.

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 Arne Parish is largely rural in nature, it is not considered appropriate to designate the neighbourhood area as a business area.

That the neighbourhood plan area following the parish boundaries of Arne be designated.

Scheme of delegation (April 2019) delegation No 138, additional delegations to the Executive Director, Place.  

Decision

That the Health and Wellbeing Board's terms of reference be amended to reflect its statutory role in promoting integration and prevention as set out in the minutes of the Health and Wellbeing Board of 26 June 2019.

The Cabinet considered the following recommendations from committees:

Decision

(1)       That entry into a Funding Agreement with Homes England be authorised to secure up to £6,310,000 of Housing Infrastructure Funding on terms and conditions to be agreed by the Cabinet Member for Highways, Travel and Environment, in consultation with the Executive Director for Place.

Reason for decision: To promote and assist in the delivery of the proposed Gillingham Strategic Site Allocation by the former North Dorset District Council under the North Dorset Local Plan Part 1 2011-2031 (NDLP).

Decision

(1)       That the Executive Director of People – Children be asked to develop a strategy and detailed roadmap to reduce the number of children in care, taking a rights-based approach, to develop services which support children to be able to grow up in a family setting

(2)       That this be presented to Cabinet in September 2019.

Reason for decision: The reduction of the number of children in care in Dorset would:

1.    Promote the rights of children

2.    Improve the outcomes for children

3.    Enable services to be sustainable

Decision

That a decision be deferred pending further discussion with Hampshire County Council to discuss options for the use of Somerley Household Recycling Centre by Dorset residents.

Decision

(1)       That the Senior Leadership Team’s forecast for Dorset Council’s position at the end of quarter 1, be noted;

(2)       That the context around  the budget that was set for the year be noted;

(3)       That the impact that any overspend would have on reserves and the general fund be noted;

(4)       That the work going into reviewing Dorset Council’s reserves and balances be noted;

(5)       That the approach to work to develop sustainability of the base budget position for 2020/21 and beyond be noted and

(6)       That the work going on around capital strategy and the capital programme and financing be noted.

Reason for decision: To ensure support and/or challenge for actions being taken in 2019/20 to balance the budget and consider the adequacy and use of reserves and to support transition and convergence.  2019/20 is a critical year for establishing the base budget for Dorset Council to enable an accurate, medium-term financial plan to be delivered alongside a longer-term, sustainable financial strategy.

Decision

(1)  That option three proceed for the development of care technology in Dorset.

(2)  That the procurement be approved of:

a.  Assistive Technology service – assessment, installation and monitoring of equipment;

b.  Careline provider and responder service; and

c.   Development partner.

(3)  That the Cabinet Member for Adult Social Care and Health and Executive Director for People – Adults be delegated authority to award the contract to the successful bidder once the tender evaluation has been concluded.

(4)  That authority also be delegated to the Cabinet Member for Adult Social Care and Health and Executive Director for People – Adults, in consultation with the Executive Director for Corporate Development (S151), to increase the available budget, subject to the compliance with procurement regulations, where clear evidence of savings and/or cost avoidance is provided.

Reason for decision: Commissioning services that increase wellbeing will enable the reduction and delay of more costly health and care interventions and maintain people’s independence for longer.  The procurement of a standalone assistive technology service will support the delivery of cost savings and avoidance and support the overall financial position of the Council.

Reason

To facilitate a land sale on Dorset Innovation Park.  Since the acquisition of the site by Dorset Council bringing significant third party investment to the Park through the potential creation of a new high technology engineering facility, for a company satisfying the Park's wider occupation policy and the Council's economic development aims.

Alternative Options considered

Report to Cabinet - rejected as Portfolio holders have enhanced limits for delegated authority and the members are aiming to be agile towards the delivery of economic growth in Dorset.

To approve the sale of a plot of c1.4 acres at Dorset Innovation Park through the grant of a 999 year lease at an agreed price, which (subject to any further negotiation) satisfies the Council's statutory obligation to obtain best value for the sale of its property assets following the formal measurement of the plot.

Reason

To reflect the transition to Dorset council and to bring a broader range of opportunities within scope.

Alternative Options considered

None

The Community Development Team Lead for Dorset Council manages a small discretionary grant fund amounting to £30,000 for community cohesion/social inclusion community projects. It has been inherited from West Dorset District Council and in the past it would hae been used within the West Dorset District Council area.

For the avoidance of doubt, it is agreed tha tthe fund can be used in the whole area covered by Dorset Council.

Decision

That a decision be deferred to enable further exploration of alternative options.

Reason for decision: A deferral will provide the Council with the opportunity to explore alternative options for the funding of the improvements project.

That the Broadwindsor Neighbourhood Plan, as revised to reflect the Examiner’s report, be agreed and that a referendum is arranged to be held as soon as possible.

That a recommendation to ‘make’ the Broadwindsor Neighbourhood Plan be made to the next Full Council meeting after the referendum if the results of the referendum are in support of the making of the plan and there are no other issues identified that would go against such a decision.

Decisions

1. That the Milborne St Andrew Neighbourhood Plan 2018 to 2033, as modified (Appendix B to the report), proceed to referendum.

2. That a recommendation to make the Milborne St Andrew Neighbourhood Plan 2018 to 2033 be made to the next 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.

Reason for Decisions

To progress the Milborne St Andrew Neighbourhood Plan to referendum so that pending a favourable vote, the plan could be made part of the Development Plan for the Milborne St Andrew Neighbourhood Area.

Decisions

1. That the Milborne St Andrew Neighbourhood Plan 2018 to 2033, as modified (Appendix B to the report), proceed to referendum.

2. That a recommendation to make the Milborne St Andrew Neighbourhood Plan 2018 to 2033 be made to the next 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.

Reason for Decisions

To progress the Milborne St Andrew Neighbourhood Plan to referendum so that pending a favourable vote, the plan could be made part of the Development Plan for the Milborne St Andrew Neighbourhood Area.

Decisions

1. That the making of the Bere Regis Neighbourhood Plan would not breach and is compatible with EU and human rights obligations.

2. That the Bere Regis Neighbourhood Plan as submitted to and approved by referendum be made under section 38A(4) of the 2004 Act.

3. That with the agreement of Bere Regis Parish Council the Bere Regis Neighbourhood Plan as made be modified by:

a. the replacement of the wording of Policy BR6 with that recommended by the examiner and approved by Purbeck District Council on 19 March 2019; and

b. the deletion of the proposed SANG from Map 5, as recommended by the examiner and approved by Purbeck District Council on 19 March 2019 (the extent of the SANG is shown elsewhere in the plan);

on the basis that such modifications do not materially affect the policies in the plan or are correcting errors of a type contemplated by section 61M(4) of the Town and Country Planning Act 1990.

Reason for Decisions

National Planning Practice Guidance, Paragraph 641, states ‘if the majority of those who vote in a referendum are in favour of the draft neighbourhood plan or Order (or, where there is also a business referendum, a majority vote in favour of both referendums), then the neighbourhood plan or Order must be made by the local planning authority within 8 weeks of the referendum’.

Recommended

That Council:

1. adopts the Bournemouth, Christchurch, Poole and Dorset Waste Plan subject to the inclusion of the main modifications that are appended to the Inspector’s Report;

2. confirms that the formal adoption date will begin two weeks from the date at which both BCP Council and Dorset Council have resolved to adopt the plan;

3. delegates to the Lead Member for Planning, after consultation with the Executive Director for Place:

a. any additional (non-material) modifications to the Plan which were the subject of consultation, together with any other additional modifications which benefit the clarity of the Plan;

b. authority to expedite any technical/procedural matters associated with adoption of the plan, including those connected with Dorset Council’s role as the Competent Authority on matters relating the Habitats Regulations Assessment1 of the Plan.

Reasons for Decisions

1. To ensure Dorset Council had an up-to-date statutory policy framework for

considering planning applications for waste development.

2. To comply with the requirements of the statutory/consequential orders concerning Shaping Dorset Council which required a council-wide local plan by 2024.

Decisions

1.  That Dorset Council progress with a Dorset Council Local Plan in line with the high-level project plan set out in the draft Local Development Scheme (Appendix 1 of the report) with the aim of adopting the plan by April 2023.

2. That the separate local plan reviews currently under way in the Dorset Council area, with the exception of the Purbeck plan which has reached examination, do not continue, but that all existing work carried out on these reviews be used where possible to shape the new Dorset Council Local Plan.

 3. That the draft Local Development Scheme (Appendix 1 to the report) be approved as Dorset Council’s current programme for plan preparation.

4. That the Council retains its commitment to cooperation with neighbouring councils on strategic planning matters, as expressed in the Statement of Common Ground approved by the predecessor councils.

Reason for Decisions

To ensure that work on the preparation of a new Dorset Council Local Plan could be progressed to enable adoption by April 2023.

Decisions

1.  That the current policy be fully implemented and that all service users be asked to contribute the full cost of putting in place the arrangements for meeting needs, based on their assessed income and savings.

2. That these changes take effect:

a. for transport provided from 8 September 2019, and

b. for the day care element, to be increased in two stages; 50% for care provided from 8 September, followed by full cost to be payable for care received from 6 October 2019 to provide some mitigation for the move towards the full assessed contribution for meeting care costs.

Reasons for Decisions

The policy with regards to full cost charging was previously agreed by the predecessor Dorset County Council. The proposed implementation date of 8 September 2019 gives enough time for appropriate communications and support for those that would be affected by the changes.

The stepped increase for day care contributions provides some mitigation for the move towards the full assessed contribution to meet care costs.

Recommended

1. That Council agree, effective from 1 April 2019, that 100% of all

income from War Disablement or War Widows Pension be disregarded when

calculating entitlement to Housing Benefit in line with the resolution at Appendix A of the report. 

Decisions

2. That the Council Tax Discretionary Discount Policy set out at Appendix B of the report be adopted.

3. That the Business Rates Revaluation Support Scheme set out at Appendix C of the report be adopted.

4. That any underspend in the government grant allocation of £243,000 be used to

provide additional support for struggling businesses and that approval of such

cases be delegated to the Executive Director - Corporate Development (S151) after consultation with the Cabinet Member for Finance, Commercial and Assets.

5. That the Hardship Relief Policy set out at Appendix D of the report be adopted.

6. That the Discretionary Housing Payments Policy set out at Appendix E of the report be adopted.

Reason for Decisions

To ensure that a consistent approach was taken in relation to the award of discretionary awards, discounts, payments and reliefs.

Reason

Necessary to preserve certain dog warden services for several Parish Councils in the former East Dorset area.

Options considered

None, as the arrangements are joint arrangements between public sector bodies necessary to preserve certain dog warden services for several Parish Councils in the former East Dorset area.

In exercise of delegation 37 of the Officer Scheme of Delegation for Dorset Council, to enter into a contract with Bournemouth, Christchurch and Poole Council for the provision of dog warden services to enforce dog fouling legislation.  The said services to be delivered on land within the ownership of five Parish Councils within the former East Dorset area.

Further, to enter into contracts with Alderholt Parish Council, Corfe Mullen Parish Council, St Leonard’s & St Ives Parish Council, West Moors Parish Council and Wimborne Minster Town Council detailing the respective obligations of the parties in relation to the said dog warden services.