Decisions

Reason(s) for Decisions:

(a) The proposed diversion meets the legal criteria set out in the Highways Act 1980.

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

(c) Accordingly, the absence of objections may be taken as acceptance that the proposed new route is expedient and therefore Dorset Council can itself confirm the order.

Before confirming a public path creation, diversion or extinguishment order a council or the Secretary of State must have regard to any material provision of a rights of way improvement plan prepared by the local highway authority. Dorset’s Rights of Way Improvement Plan sets out a strategy for improving its network of Public Rights of Way, wider access and outdoor public space.

Alternative options considered and rejected:

No. Proposed new route already in use by the public.

A full consultation was carried out in September / October 2019

Application to divert part of Footpath 14, Bradford Peverell at Cheeseman’s Cottage

The recommendations were that:

(a) The application to divert part of Footpath 14, Bradford Peverell as shown on Drawing (19/05) be accepted and an order made;

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

(c) If the Order is unopposed, or if any objections to the Order are of a similar nature to those already considered by the Committee, it be confirmed by the Council without further reference to the Committee.

The report and drawing can be seen by arrangement with Democratic Services.

Reasons for Decisions:

     The available evidence shows, on balance, that  the claimed right of way is reasonably alleged to subsist;

     There is a conflict in evidence. The publication of the Order will provide a further opportunity for additional evidence to be submitted and considered against the legal test for confirmation;

     If the evidence shows, on balance, that the route should be recorded as a footpath, and there are no outstanding objections, the Council can itself confirm the Order without submission to the Planning Inspectorate.

Decisions on applications for definitive map modification orders ensure that changes to the network of public rights of way comply with the legal requirements.

Alternative options considered and rejected:

 None

That

a)        The application be accepted and an order made to modify the definitive map and statement of rights of way by adding a footpath from Point A to Point G as shown on Drawing14/28/1; 

b)        Evidence received following publication of the order be considered prior to confirmation;

c)         If the legal test for confirmation is met and the Order is unopposed, or if all objections are withdrawn, it be confirmed by the Council.

The Head of Environment and Well Being presented the report which sought authority to prepare and submit a Harbour Revision Order (HRO) to the Marine Management Organisation (MMO) in order to modernise the current local legislation relating to Lyme Regis Harbour.

He advised that the limits and purpose of the Council running the harbour were not as clear as they should be.  There were a range of additional common statutory harbour powers which were not in place for Lyme Regis that would assist in the efficient running for the harbour such as charges and disposal of land.  

A budget of £31,500 spread over a period of two years was suggested to cover the cost of the specialist marine lawyer required to make the application to the MMO, the application and cost of public notices.

He explained that an HRO was required for both Lyme Regis and Bridport, but as Lyme’s had not been modernised since the 1500s it took priority over Bridport.

Proposed by Cllr K Wheller, seconded by Cllr M Roberts.

Decision: That the Harbours Committee recommend to the Executive and Full Council in that as far as they have power to do so, they agree and otherwise support that:-

1)    an application being made to the Marine Management Organisation for a Harbour Revision Order in respect of Lyme Regis Harbour to consolidate and modernise the applicable current local legislation;

2)    delegated authority is given to the Executive Director of Place in consultation with the Portfolio Holder for Highways, Travel and Environment to determine the wording of the HRO based on legal advice and undertake all procedures for the submission of the HRO to the MMO;

3)    a budget of £31,500.00 be allocated for this work to include legal advice, the application fee and public notices.  This may be split over 2 years.

Reason for Decision

To issue a Cultivation Licence

Alternative options considered and rejected:

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

To issue a Cultivation Licence.

Reasons for Decisions

(a)  The proposed diversion meets the legal criteria set out in the Highways Act 1980.

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

(c)  Accordingly, the absence of objections may be taken as acceptance that the proposed new route is expedient and therefore Dorset Council can itself confirm the Order and need not submit the Order to the Planning Inspectorate.

Alternative Options consider and rejected

None

Decision

(a)       That the Council make the Broadwindsor Neighbourhood Plan part of the statutory development plan for the Broadwindsor Neighbourhood Area (the parishes of Broadwindsor, Burstock and Seaborough), as set out in appendix A of the report of 1 October 2019;

(b)       That the Council offers its congratulations to Broadwindsor Group Parish Council in producing their neighbourhood plan.

Reason for the decision

To formally adopt the Broadwindsor Neighbourhood Plan as part of the statutory development plan for the Broadwindsor Neighbourhood Area.  In addition, to recognise the significant amount of work undertaken by the Group Parish Council in preparing the neighbourhood plan.

Decision

(a)          That the action taken since receipt of the Local Government and Social Care Ombudsman’s report (18 016 599) be noted and the Ombudsman’s ten recommendations, as set out in paragraphs 3.3 and 3.6 of the report to Cabinet of 1 October 2019, be accepted.

(b)          That the actions identified by the Director of People - Children in response to the Ombudsman’s recommendations set out in paragraphs 3.3 and 3.4 to 3.6 of the report to Cabinet on 1 October 2019 be approved.

(c)          That the Portfolio Holder for Children, Education and Early Help and the Executive Director for People – Children be asked to commission a review of the agreed actions arising from the eight previous investigations of Dorset County Council undertaken by the Ombudsman as set out in paragraph 4.5 of the report to Cabinet on 1 October 2019.

(d)          That the Portfolio Holder for Children, Education and Early Help be asked to oversee reporting to the People Overview and Scrutiny Committee and the Health and Wellbeing Board on the monitoring of progress made both in addressing the outstanding actions and the review of the eight previous investigations, including a first report to the Board at its meeting on 30 October 2019.

Decision

(a)       That the Recommissioning approach for Domestic Violence and Abuse Services in Dorset be approved.

(b)       That, if based on evidence from officers on the work carried out, with particular regard to the short term and pilot project, it was felt that there could be a benefit from the input of additional resources, this should be considered by Cabinet.

(b)       That a further report be provided to Cabinet in 12 months-time.

Decision

That the press and the public be excluded for the following item(s) in view of the likely disclosure of exempt information within the meaning of paragraph 3 & 4 of schedule 12 A to the Local Government Act 1972 (as amended).

Decision

(a)       That the Council makes the Milborne St Andrew Neighbourhood Plan 2018 to 2033 part of the statutory development plan for the Milborne St Andrew Neighbourhood Area, as set out in Appendix A to the report of 1 October 2019.

(b)       That the Council offers its congratulations to Milborne St Andrew Parish Council and members of the Neighbourhood Plan Group in producing a successful neighbourhood plan.

Reason for the decision

To make the Milborne St Andrew Neighbourhood Plan part of the statutory development plan for the Milborne St Andrew Neighbourhood Area. In addition, to recognise the significant amount of work undertaken by the Parish Council and members of the Neighbourhood Plan Group.

Recommendation to Full Council

Recommended to Full Council

Recommended to Full Council

Decision

(a)       That the draft Council Plan 2020-2024 be approved (as set in Appendix 1 of the report of 1 October 2019) for engagement in accordance with the next steps set out in section 5 of the report.

(b)       That the output from the councillor seminar of 2 September 2019 (Appendix 2 of the report) be noted.

(c)        That the briefing pack for parish and town councils (Appendix 3 of the report) be approved and promoted as part of the public conversation.

(d)       That the equality impact assessment and any additional activity required to ensure the conversation was as inclusive as possible be received and noted.

Reason for the decision

To ensure Dorset Council’s inaugural plan was informed by local people and the council’s partners.

Reason for Decision

The predecessor councils each had their own policies and arrangements for the provision of sandbags to residents to help protect their properties in the event of flooding.  With the creation of Dorset Council, a single policy is needed to provide a consistent service across the Council's area to aid in its preparations for winter and potential severe weather.

Alternative Options considered and rejected

Cessation of the provision of sandbags to protect residential properties in the event of flooding.

That the Dorset Council Community Sandbag Stores Policy be adopted.  A copy of the Policy can be obtained on request from Democratic Services.