Decisions

Reasons for Decisions

Reasons for the proposed conditions are specified under each listed condition.

Alternative options considered and rejected

Not applicable.

Planning application reference WD/D/18/002368 at the site Former Mountjoy School, Flood Lane, Bridport was delegated for approval by the Western and Southern planning committee on 05/09/2019, subject to a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure 35% affordable housing in the form of a financial contribution, planning conditions and subject to the holding objection being withdrawn by the Flood Risk Management Team and any amendments to surface water drainage conditions requested by the Flood Risk Management Team.

The conditions requested by the Flood Risk Management Team after the committee meeting were:

No development shall take place until a detailed surface water management scheme for the site, based upon the hydrological and hydrogeological context of the development, and including clarification of how surface water is to be managed during construction, has been submitted to, and approved in writing by the local planning authority. The surface water scheme shall be fully implemented in accordance with the submitted details before the development is completed and must be fully complaint with the SuDS hierarchy as laid out in the CIRIA SuDS Manual C753.

REASON: To prevent the increased risk of flooding, to improve and protect water quality, and to improve habitat and amenity.

 No development shall take place until a complete condition and route survey in respect of the existing privately-owned SW sewer has been submitted to and approved in writing by the local planning authority.

REASON: To prevent the increased risk of flooding, to improve and protect water quality, and to improve habitat and amenity.

No development shall take place until details of maintenance & management of both the surface water sustainable drainage scheme and any receiving system have been submitted to and approved in writing by the local planning authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. These should include a plan for the lifetime of the development, the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime.

REASON: To ensure future maintenance of the surface water drainage system, and to prevent the increased risk of flooding.

In response to the requested conditions an amended drainage strategy addendum was submitted. The addendum showed that the existing, private surface water connection had been explored in sufficient depth and cannot be considered viable and that a connection into the Wessex Water combined sewer would be used for discharging runoff from the site. The Flood Risk Management Team were re-consulted on the application and considered that the depth of the tank and shallow combined system means that a gravity discharge cannot be achieved and as such a pump is required despite the poor sustainability credential of such a design. Given that the use of the privately owned sewer has now been discounted, one of the conditions previous recommended has been removed, leaving the following, which should be applied to any decision notice issued: No development shall take place until a detailed surface water management scheme for the site, based upon the hydrological and hydrogeological context of the development, and including clarification of how surface water is to be managed during construction, including a timetable for the implementation of the scheme, has been submitted to, and approved in writing by the local planning authority.

The necessary detailed design shall include all required clarification and substantiation of the proposed surface water management scheme and it shall thereafter be implemented in accordance with the submitted details and timetable.

REASON: To prevent the increased risk of flooding, to improve and protect water quality, and to improve habitat and amenity.

No development shall take place until details of maintenance & management of both the surface water sustainable drainage scheme and any receiving system have been submitted to and approved in writing by the local planning authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. These should include a plan for the lifetime of the development, the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime.

REASON: To ensure future maintenance of the surface water drainage system, and to prevent the increased risk of flooding.

No development shall take place until rainwater and greywater harvesting measures have been explored for potential use within the approved drainage proposals. Consideration of these methods must be fully documented and substantiated. Where use of these measures is not considered viable, this should be explained, in planning policy terms, for review and approval by the planning authority. Alternatively, where use of rain and / or grey water harvesting is considered feasible, proposals should be outlined and incorporated within a Detailed Drainage Strategy for approval, in writing, by the planning authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details for the lifetime of the development.

REASON: To ensure adequate consideration of volume reduction (in respect of any discharge to the foul sewerage network), thereby reducing potential treatment of waste water, corresponding energy use and connected Carbon Dioxide emissions.

The proposed conditions were discussed with the agent for the application, and they did not accept the condition requested for rainwater and greywater harvesting measures due to the cost and the impacts on the time frame. Whilst the concerns regarding the energy use implications of the drainage strategy are noted, as the proposed drainage system is considered acceptable and the condition was suggested late in the process it is not considered that the proposed condition is required to make the application acceptable and therefore we could not refuse the application if the condition was not placed on the application.

Therefore the conditions as shown at committee with the additional two which cover a detailed surface water management plan and details of maintenance and management would be placed on any approval granted.

Reason for Decision

To assign the lease n accordane with the lease.

Alternative Optinos considered and rejected

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

Assignment of the lease of the Edenhurst Guest House, 122 The Esplanade, Weymouth.

The exempt appendix was received without discussion in connection with min 48 above.

Reason for Decision

To generate income.

Alternative options considered and rejected

None

To let garage No 5 Melcombe Place, Weymouth for a lease of two years.

Reason for Decision

To prevent potential adverse possession claims.

Alternative Options considered and rejected

None

Provision of a cultivation licence and access at Hambro Car Park, Portland.

Decision

Defer

Reason for the Decision

To allow further detailed consideration and investigation on this important matter prior to a formal decision being made by Cabinet.

Decision

That the procurement and award of a Dorset Highways Contractor Resource (Labour Top-Up) Framework (re-procurement exercise) be approved.

Reason for the Decision

Cabinet is required to approve all key decisions with a financial consequence of £500k or more, and procurements over £5m are subject to individual reports (Cabinet 04-06-19 refers).

The technical summary for reasons for the recommendation is as follows:

·      The pre-agreed rates and contract conditions allows Dorset Highways to respond to changing demands / circumstances quickly and efficiently.

·      The quick procured method - call off, is far quicker than the traditional quote, tender and mini-competition methods of procurement. This reduces administration and back office costs

·      The multi supplier lots provide resilience if the preferred supplier cannot fulfil the call-off

·      The multi supplier lots provide technical expertise in a variety of specialist areas

·      The multi-supplier framework has worked for the last eight years.

·      The organisation risk is LOW

Decision

That the discretionary rate relief policy, as set out at Appendix 3 of the report of 3 September 2019, be adopted.

Reason for the Decision

To ensure that a consistent approach is taken in relation to the award of discretionary rates relief.

Decision

(i)         That the Executive Director for People (Children) takes action, as outlined in the report to Cabinet of 3 September 2019, to increase the sufficiency of residential care for children in Dorset.

(ii)        Once options have been identified, the lead cabinet member for Children, Education and Early Help, in consultation with cabinet colleagues and corporate parenting board, be delegated powers to approve preferred sites.

(iii)       That consultation takes place with local residents and stakeholders about preferred sites.

Reason for Decision

For Dorset Council to make the best use of resources and securing the best outcomes, for children in care who require residential care.

Decision

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

(ii)        That a further report be present to Cabinet in December 2019.

Reason for the 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

(i)         That authority be delegated to the lead member for Economic Growth & Skills in consultation with the lead member of Corporate Development & Change and the Executive Directors for Place and Corporate Development to approve Change Control(s) under the Superfast Dorset Phase 3 Ultrafast contract to incorporate funding derived from the DEFRA Rural Broadband Infrastructure grant award, released from in life contractual changes and from current programme underspends into the existing contract, to the contracted maximum public funding contribution of £8.9m

(ii)        Note that the Change Control process requires that the proposal(s) from BT (Openreach) described above would be subject to central government assurance (Building Digital UK and Rural Payments Agency for DEFRA) and Dorset Council’s own assurance (to include Superfast Dorset, Finance and Legal consultation) prior to seeking to enter into contract.

(iii)       Notes that the values presented within the report to Cabinet on 3 September 2019 were subject to finalisation within the contractual limits specified under recommendation (i) above.

Reason for the Decision

To further the Council’s corporate plan focus on Enabling Economic Growth through maximising the level of external funding drawn into Dorset to extend the provision of superfast broadband services to rural areas.

Central government commissioned research suggests that a £1 investment in NGA broadband returns a £20 increase in GVA for the local economy.

Reason for Decision

To correct an error

Alternative Options considered and rejected:

None

To enter into a Deed of Rectification to correct a Deed of Easement made between WDDC and Mr and Mrs Benneyworth dated 20 July 2018 and enable the correct restriction to be placed on the Council's title to land at Asker Mead, Bridport.

Reason(s) for Decision

The surrender will facilitate the building being used by a SEND free school.

Alternative Options considered and rejected

N/A

To enter into an agreement for a deed of surrender to end the lease of the academy school at Osprey Quay, Portland.  The agreement is subject to the consent of the Secretary of State.

Reason(s) 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 as the appointment of an independent examiner is a legal requirement.

The appointment of an independent examiner for the examination of the Upper Marshwood Vale Area neighbourhood development plan.

Reason for Decision

To allow public views to be taken into consideration when the matter is formally considered by the council

Option(s) considered

Other council services have already vacated the premises. It has taken significant time to identify suitable alternative premises for Registration Services and it is unlikely that there is any reasonable alternative available

Launch of a consultation on a proposal to relocate Weymouth Registry Office from 45 Dorchester Road, Weymouth to Weymouth Library & Weymouth Town Council Offices

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

To provide evidence that the provisions of clause 4.14 of the Supplemental s.106 Agreement dated 16^th June 2005 no longer apply to the property so that it can be sold by the current owner

Other Option(s) considered

None

To provide a certificate providing evidence that the provisions of clause 4.14 of the Supplemental s.106 Agreement dated 16^th June 2005 (the Agreement) no longer apply to 21 Kingfisher Avenue Gillingham and that the Council would not seek to enforce those provisions in the future.

This was required as the property had already been released from those provisions in 2015 but neither the Council nor the solicitors for the parties involved had retained a copy of the decision

The decision was by John Sellgren, the Executive Director of Place who, by virtue of Delegation 152(c) of the Officer Scheme of Delegation of the Constitution, has the power:

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.