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Reason
for Decision
Section 119 of the Highways
Act 1980 provides that the Council may divert a public path in the interests of
the landowner, occupier or lessee of the land, or where it is in the interests
of the public. In making this order the Council’s officers are satisfied that
it appears expedient that the path should be diverted on the grounds that it is
in the interests of the landowner.
It is considered that the proposed diversion
meets the criteria set down in the Highways Act 1980 and that the proposed
route is an acceptable alternative footpath. The end points of the diverted
section of the path are on the same highways as at present and are
substantially as convenient as at present. The alternative path would not be
substantially less convenient to the public in consequence of the diversion and
would not have undue effect on the public’s enjoyment of the path
as a whole. No objections were
received during the statutory period to allow for responses and the Order can
therefore be confirmed.
Decision Maker: Officer Delegated Decision
Decision published: 18/06/2020
Effective from: 18/06/2020
Decision:
Decision
That the Council
confirms the public path diversion order made on 23rd July 2019
under section 119 of the Highways Act 1980 to divert footpath 14, Lydlinch as outlined in the attached report and shown on
the accompanying plan. That the Definitive Map and Statement is modified by the
order under section 53A (2) of the Wildlife and Countryside Act 1981, and the
Definitive Statement modified as described in Part 3 of the Schedule to the
order.
Wards affected: Sturminster Newton;
Lead officer: Vanessa Penny
Reason
for Decision
Under
the Town and Country Planning Act 1990 local authorities have powers to make
orders to create, extinguish or divert public rights of way. The Council may
make an order to divert or stopping-up of any footpath, bridleway or restricted
byway under section 257 of the Town and Country Planning Act 1990 if it is
satisfied that it is necessary to do so in order to allow development to be
carried out in accordance with planning permission granted under Part III of
the Act.
It
is considered that the proposed diversion meets the criteria set down in the
Town and Country Planning Act 1990 and that the proposed route is an acceptable
alternative. No objections were received
during the statutory period to allow for responses. The Authority is empowered
by section 259 of the Town and Country Planning Act 1990 to confirm an unopposed
order.
Decision Maker: Officer Delegated Decision
Decision published: 18/06/2020
Effective from: 18/06/2020
Decision:
Decision
That the Council
confirms the public path diversion order made under section 257 of the Town and
Country Planning Act 1990 on 15th July 2019 to divert footpath 34,
Gillingham. That the Definitive Map and Statement is modified by the order
under section 53A (2) of the Wildlife and Countryside Act 1981, and the
Definitive Statement modified as described in Part 3 of the Schedule to the
order.
Wards affected: Gillingham;
Lead officer: Vanessa Penny
Reason
for Decision
Housing
the homeless under
Alternative
options considered and rejected
Not
to lease this particular property.
Decision Maker: Officer Delegated Decision
Decision published: 17/06/2020
Effective from: 17/06/2020
Decision:
Decision
To lease 34a Castlemaine Road Weymouth DT3 6RP under the direct leasing scheme for homes households.
Wards affected: Littlemoor and Preston;
Lead officer: Sarah How
Reasons
for Decision
There
are currently five self-build and custom housebuilding registers held across
the administrative Dorset Council area. Local planning authorities can only
hold one self-build and custom housebuilding register in their area. The
formation of Dorset Council in April 2019 therefore means that the five
existing self-build registers previously held by the five former districts now
need to be replaced by a single register. This process will remove duplicate
entries and satisfy data protection legislation.
The registration processes
for the existing registers were set up in April 2016. To be entered onto the
register applicants simply need to be over the age of 18, a British Citizen or
national of an EEA State and seeking to acquire a serviced plot of land.
As part of the registration
process Local Planning Authorities can request applicants provide additional
information to that required by the legislation. This information can be used
to support a greater understanding of the nature of demand for self-build and
custom housebuilding in the area. Given the wide range of information collected
the list of additional information should be rationalised.
New regulations came into
force on the 31 October 2016 which allows councils to divide the register into
two parts setting eligibility criteria for the register. Councils were also
able to charge an administration fee for registration. The former Purbeck
District Council took this opportunity however the other four districts (West
Dorset, North Dorset, East Dorset and Weymouth & Portland) did not do so.
The registration process therefore needs to be standardised across the Dorset
Council area.
Dorset Council is taking
this opportunity to divide the register into two parts by introducing a ‘local
connection test’. Residents that meet all eligibility requirements and can demonstrate
a local connection to the Dorset Council area will be eligible for entry onto
Part 1 of the register. All other eligible entries will be entered onto a Part
2.
Dorset Council must count
entries on Part 1 of the register towards the number of suitable serviced plots
that we must grant development permission for. Entries on Part 2 do not count
towards this demand but the Council must have regard
to the entries on Part 2 when carrying out their planning, housing, land
disposal and regeneration functions.
Dividing the register into
two parts and introducing an additional eligibility criterion will enable us to
maximise limited available resources and prioritise residents with a local
connection to the area. A financial resources assessment is not proposed. As a consequence of this decision Dorset Council will cease
to apply a ‘financial resources test’ in the former Purbeck area.
Setting
an administrative fee will cover some of the cost of administrating Part 1 of
the self-build and custom housebuilding register.
Alternative Options Considered and Rejected
There are no alterative options to
holding a single Dorset Council self-build register. Local planning authorities can only hold
one self-build and custom housebuilding register in their area
Dorset Council could choose
not to apply a ‘local connection test’ however the demand for plots evidenced
by the register could significantly outstrip supply of available plots with no
priority given to people with a local connection. To apply a local connection
test the self-build register must be divided into two parts.
A financial resources
assessment could be applied to applications however this would create an
additional burden on the Financial Services department of Dorset Council.
Financial data is highly sensitive and would require secure and confidential
storage, auditing and analysis. On this basis a financial resources assessment
is currently not proposed.
An
alternative administration fee could be charged for entry onto Part 1 and Part
2 of the self-build register however the proposed fee is considered to reflect
staff resource and is in-line with that charged by the former Purbeck District
Council.
Decision Maker: Officer Delegated Decision
Decision published: 16/06/2020
Effective from: 16/06/2020
Decision:
Decision
To agree changes to the registration procedure for entry onto the Dorset
Council self-build and custom housebuilding register.
1)
To
replace all former district council self-build and custom housebuilding
registers with a single Dorset Council self-build register.
2)
Rationalise the additional information
collected as part of the registration process.
3)
To
divide the self-build and custom housebuilding register into two parts referred
to as Part 1 and Part 2 of the register.
4)
To
introduce a ‘local connection test’ for entry onto Part 1.
5)
To
cease applying a ‘financial resources test’ in the former Purbeck area.
6)
To
set an administration fee of £50.00 for entry onto Part 1 (£50.00 annual
renewal) and free entry onto Part 2 of the register.
It is anticipated that these changes would come into effect in October 2020.
Wards affected: (All Wards);
Lead officer: John Sellgren
Reason
for Decision
Housing
the homeless under
Alternative
options considered and rejected
Not
to lease this particular property.
Decision Maker: Officer Delegated Decision
Decision published: 10/06/2020
Effective from: 10/06/2020
Decision:
Decision
To lease Flat 6 Tilly Whim Mews Swanage BH17 1EH under the
direct leasing scheme for homeless households.
Wards affected: Swanage;
Lead officer: Sarah How
Reason
for Decision
Housing
the homeless under
Alternative
options considered and rejected
Not
to lease this particular property.
Decision Maker: Officer Delegated Decision
Decision published: 10/06/2020
Effective from: 08/06/2020
Decision:
Decision
To lease Flat 7 Tilly Whim Swanage BH17 1EH under the direct leasing scheme for homeless households.
Wards affected: Swanage;
Lead officer: Sarah How