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housing in the form of a financial contribution, planning conditions and subject to the holding objection being withdrawn by the Flood Risk Management Team and any amendments to surface water drainage conditions requested by the Flood Risk Management Team.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 facilitate the letting of this vacant business unit

Alternative Options considered and rejected

None

To grant a lease to Stephen John Attrill of Watch House Café and the Rocket House, West Bay.

Reason for Decision

To facilitate the letting of this vacant business unit

Alternative Options considered and rejected

None

To grant a lease to Toad Hall Cottages of Unit 4, Uplyme Business Centre, Lyme Regis.

Reason for Decision

To progress the Motcombe Neighbourhood Plan to referendum so that pending a favourable vote, the plan can be "made".

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.  In this case, it is considered that there are no valid reasons for not following the Examiner's recommendations.

(a) The Motcombe Neighbourhood Plan 2017-2027, as modified (a copy of the modified plan can be emailed on request), can proceed to referendum.

(b) A recommendation to "make" the Motcombe Neighbourhood Plan 2017-2027 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.

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.