Cabinet Agenda
Wednesday, 24 June 2015, 9.30 am
Council Chamber, Council Offices, Furzehill, Wimborne
Committee Membership:
Chairman: Cllr I J Monks
Vice Chairman: Cllr S S Tong
Cllr S Butler Cllr S Gibson Cllr M R Dyer Cllr Mrs B T Manuel
The business to be transacted is set out overleaf
DAVID MCINTOSH CHIEF EXECUTIVE
16 June 2015
For further information please contact Richard Jones 01202 795171 or email [email protected]
East Dorset District Council. Council Offices, Furzehill, Wimborne, Dorset BH21 4HN Corporate Plan Key Themes – 2012 to 2016
Leader of the Council: Councillor Ian Monks
Deputy Leader of the Council: Councillor Simon Tong
Our priority areas… COMMUNITY ECONOMY Portfolio Holder: Councillor Barbara Manuel Portfolio Holder: Councillor Simon Tong During the plan period we will: During the plan period we will: Provide communities with opportunities to take Create conditions for existing and new businesses greater involvement in running public services to thrive Encourage thriving and welcoming town centres Improve opportunities for young people to live and a strong rural economy healthy and successful lives Work with partners to ensure crime levels in 2016 do not exceed 2011 levels Improve life chances for vulnerable people HOUSING Portfolio Holder: Councillor Simon Gibson Deliver improvements for health and wellbeing across Christchurch and East Dorset communities During the plan period we will: Enable provision of housing appropriate to meet all needs Promote sustainable housing development ENVIRONMENT Facilitate innovative approaches to housing need Portfolio Holder: Councillor Mike Dyer During the plan period we will: Minimise waste to landfill and optimise recycling Manage the conflicts between developing the built PERFORMANCE environment and protecting the natural environment Portfolio Holder: Councillor Steve Butler Ensure that the principles of sustainability are During the plan period we will: embedded in the conduct of the Council’s business Maximise Partnership activities which maintain services and increase efficiency Ensure Council resources are used efficiently and effectively Promote a positive reputation with residents, customers and businesses
To view the Corporate Plan in full please go to http://www.dorsetforyou.com/362527
Access to Information - This agenda together with the reports and details of how to make a public presentation is available on the council’s corporate website at www.dorsetforyou.com/committeesMembers of the public are welcome to attend and observe committees. Admittance is strictly on a first-come basis. Disabled access is available at this meeting venue. A hearing loop system is installed in the Council Chamber. Emergency Procedure – Please ensure that you are familiar with the location of all emergency exits which are clearly marked. In the unlikely event of an emergency an alarm will sound. Please evacuate the building immediately. Do NOT re-enter the building until authorised to do so. Agenda
1. Apologies for Absence The Democratic Services Officer to report any apologies for absence.
2. Declarations of Interest Members are reminded that any disclosable pecuniary interests must be declared. Pro forma for this purpose are available from the Members' Room.
3. Presentations by the Public The Chairman to invite members of the public to ask questions, submit petitions or make deputations which are relevant to any area of the operation of the Cabinet.
Key Decision Items for Consideration by Cabinet
Report of the Portfolio Holders for Economy and Housing 4. Partnership Economic Growth Strategy and Local Delivery Plan 1 - 28 To present to Members the draft Partnership Economic Growth Strategy and Local Delivery Plan for discussion and approval
Report of the Portfolio Holder for Community 5. Community Grants and Ward Budgets 29 - 34 Members are asked to support the continuation of the Ward Budget scheme during 2015/16, and to combine it with the Community Grants fund into a single scheme.
Report of the Portfolio Holder for Performance 6. Capital and Revenue Outturn 2014/15 35 - 58 To advise Members of the actual capital and revenue budget outturn for 2014/15.
Non-Key Decisions Requiring Determination
Report of the Portfolio Holder for Environment 7. Development Management Charter 59 - 126 To update members and seek comments on the Development Management Charter
Reports of the Portfolio Holder for Housing 8. Discretionary Disabled Facility Grant Application 127 - 130 To consider the granting of a discretionary grant to make up the shortfall in grant funding between the cost of mandatory grant eligible works and the mandatory grant funding
3 9. Land at Common Road, Sixpenny Handley 131 - 172 To approve the principle of disposing of part of the council’s land at Common Road, Sixpenny Handley to the Sixpenny Handley Community Land Trust and to approve the draft Heads of Terms for the disposal.
Schedule of Portfolio Holder Decisions
Report of the Portfolio Holders for Economy, Community and Performance 10. Dorset Superfast Broadband Contract 2 173 - 178 Contract 2 provides an opportunity to access over £1.5m of public and private external investment to transform a critical part of the county’s telecommunications infrastructure, delivering benefits for the first time, either to all or in part to an additional 55 Dorset communities.
Reports from Scrutiny and Policy Development Committee
To consider matters referred to the Cabinet by the Scrutiny and Policy 179 - 184 Development Committee in accordance with the Scrutiny and Policy Development Procedure Rules set out in Part 4 of the Constitution and to receive the latest work programme of the Committee.
There are no reports on this occasion.
Standing Items for Inclusion on the Agenda
11. Dorset Leaders' and Chief Executives' Meeting - Update 185 - 188 To receive the minutes of meeting of the Dorset Leaders and Chief Executives held on 19 March 2015
12. Dorset Leaders' Growth Board - Update 189 - 194 To receive the minutes of the meeting of the Dorset Leaders’ Growth Board held on 19 March 2015
13. Update from Portfolio Holders To receive an update from each of the Portfolio Holders on the work within the remit of their portfolio
14. Leader's Forward Plan 195 - 198 To receive the Leader’s Forward Plan detailing the key decisions which the Cabinet expects to take during the period of 1 June to 30 November 2015
No other items of business can be considered unless the Chairman decides the matter is urgent for reasons that must be specified and recorded in the Minutes.
4 Agenda Item 4
CABINET 24 June 2015
Title: Partnership Economic Growth Strategy and Local Delivery Plan
1. PURPOSE AND RECOMMENDATIONS
Purpose of Report: To present to Members the draft Partnership Economic Growth Strategy and Local Delivery Plan for discussion and approval Recommendations: It is RECOMMENDED that: (a) Members receive and consider any comments or recommendations from the Scrutiny and Policy Development Committee which examined the report at their meeting held on 9th June. (b) Approve the Partnership Economic Growth Strategy and Local Delivery Plan. (c) The Partnership Growth Board monitors the Progress of the Delivery Plan. (The views/comments of Scrutiny Committee are detailed in Section 4 to this report.) Portfolio Holders : Councillor Simon Tong, Councillor Simon Gibson Wards: Council Wide Contact Officer: Dave Barnes
2. BACKGROUND 2.1. The Partnership Growth Strategy process has been under development for the last 9 months as part of the efforts to progress the Economy theme within the Corporate Plan. Development activities have been overseen by the Member led Growth Board which comprises the Portfolio holders for Economy and Housing at each Council.
3. The Plan 3.1. The plan comprises two documents; the Economic Growth Strategy which sets out the high level aspirations of the two Councils, the audience for this document is primarily Members and key stakeholders such as the Local Enterprise Partnership (LEP) and other public sector partners. The second document is the Local Delivery Plan which provides more detail on the interventions being implemented by the Partnership within the next 12 months and its audience is primarily the business community. 3.2. Development of these documents has been based on a number of inputs: Empirical research including a bespoke study carried out for the Partnership by Hardisty Jones and Associates, a company which provides
1 expert economic advice and analysis. This has helped to identify some of the key issues we face in our local economy. The Local Enterprise Partnership’s Strategic Plan (SEP) for Dorset which highlights a number of priority areas for Growth. The Partnership’s plan takes in to account the LEP document and in so doing will help the Partnership attract match funding for some of the activities contained within the delivery plan. Extensive consultation with Local Businesses as part of the “Going for Growth” initiative. The five events held in the Christchurch and East Dorset area over the last 6 months have been well received by the business community who have contributed positively to the identification of key issues and the development of the key themes. As well as the Growth Board a number of seminars have been held with Members at both Councils to help identify issues and to obtain feedback on the developing proposals. These sessions have been both helpful and informative for all concerned. Ambition 3.3. The challenge to both Councils is to develop and implement a range of objectives which tackle some of the key issues affecting economic growth in the area. In previous times some of the objectives may have been considered too difficult to deal with and therefore not given sufficient priority. However, in a national climate which encourages competitiveness between regions and between Local Authority areas there is a need to identify and address key strategic issues which inhibit growth. The Economic Growth Strategy Plan addresses some of these issues head on. Delivery 3.4. It is extremely important that the Council delivers on its commitments and that this is recognised by stakeholders and the local business community. This is why the Local Delivery Plan details the interventions which the Partnership will invest in and the expected outcomes. Members, as part of the budget process, have set aside funds at both Councils to invest in driving our priorities forward and this commitment is set out in the delivery plan document in a fully transparent way.
4. FEEDBACK FROM SCRUTINY AND POLICY DEVELOPMENT COMMITTEE 4.1. The Scrutiny and Policy Development Committee considered this report at its meeting on 9 June 2015 and supported the report as submitted with no additional comments.
5. IMPLICATIONS
Corporate Plan & Council Objectives 5.1. The plan links very closely to the stated aims of the Corporate Plan
Legal 5.2. None directly
2 Environmental 5.3. None directly
Financial and Risk 5.4. East Dorset District Council has set aside funding for investment in its useable reserves. As at 31st March 2015 the balance available was £211k with a further allocation in to the fund of £200k as set out in the budget for 2015/16, making a total of £411k available to support growth related activities 5.5. The total amount identified in the Growth Plan for investment in activities in East Dorset totals £187k. This leaves a comfortable balance for future years and any “in year” opportunities identified during 2015/16.
Equalities 5.6. None directly
6. CONCLUSION 6.1. Both the Economic Growth Strategy and the Local Delivery plan are important documents which set out the Partnership’s ambition to develop and maintain a strong economy. At a time when Local Government finances are under pressure the investment which both Councils are making sends out a strong message to the business community and other stakeholders that the Partnership is serious in its intentions
Background Papers: Socio Economic Baseline Report - Hardisty Jones & Associates
Appendices Appendix 1 : Economic Growth Strategy Appendix 2 : Local Delivery Plan
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4 ECONOMIC GROWTH STRATEGY Christchurch and East Dorset partnership 5
1 1. INTRODUCTION: OUR ECONOMIC GROWTH STRATEGY Local Councils have a key responsibility to help ensure that the people who live and work in their communities enjoy a good quality of life. Places which are safe, healthy, prosperous, and culturally rich are generally regarded as the essential criteria for successfully achieving this responsibility.
Prosperity is essential because an active local economy will help to contribute to this good quality of life. Benefits of prosperity include increased disposable income for local goods and services, greater opportunities for healthy living, and a more diverse demographic. The Christchurch and East Dorset Partnership covers an area of substantial economic potential, including not only the Airport at Hurn, but also boasts an impressive range of established industries, especially in the fields of aerospace and technology which is an economic cluster of Regional significance.
This concentration of economic potential is supported by a growing leisure industry based in Christchurch and the historic locations of East Dorset, and by the huge agronomic powerhouse of the East Dorset rural economy. The Partnership intends to support and develop this potential in as many ways as it can.
We also recognise that European and national government funding is channelled largely through the Dorset Local Enterprise Partnership (LEP) and have ensured that our priorities sensibly align with the Economic Plan for Dorset whilst preserving local distinctiveness. In this way we will complement and support the work of the LEP and be in a strong position to effectively utilise funding made available. 6 We hope that the whole Partnership community will welcome the strategy, endorse our strategic goals, and work with us to help our local economy to realise its full potential in the challenging times ahead.
Cllr Simon Tong Cllr Claire Bath Cabinet Member for Economy Economy Portfolio Holder East Dorset District Council Christchurch Borough Council 2 2. OUR KEY CHALLENGES There is substantial and compelling evidence that the Partnership has much to do if it is to enable the area to live up to its potential. A detailed evaluation carried out in 2013 identified a number of key challenges, including
• Employment in knowledge-intensive sectors is low (46%) compared with 53% nationally. This suggests that our economy is largely based on relatively low wages and low skills. • However, unemployment rates are also low at under 1%, supporting the analysis of an economy of high employment but low wages. • Gross Value Added (GVA), a measure of economic output per head, is also low, standing at just over 70% of the national level. This is in part a consequence of the relatively high proportion of retired in the local population. • This is borne out by the low proportion of the local population of working age who are economically active – 55% compared with 64% for England and Wales. • Conversely, house price to income ratios are among the highest in the country. This is a serious obstacle to recruitment and employment flexibility. • Feedback from local industry indicates major concerns over infrastructure, including transport links, telecommunications and internet connectivity, as well as employability skills as noted above.
7 The Dorset Local Enterprise Partnership (LEP) forecasts that by 2025 a total of 26,000 new jobs will be required in Dorset, plus another 147,000 vacancies created by migration or retirement in that decade. A significant proportion of this demand will be within the Partnership area with its strong concentration of aerospace/advanced manufacturing capacity. This scale and type of demand will require a responsive, flexible and highly skilled workforce.
3. OUR KEY THEMES After extensive consultation with our local business community and examination of key economic data our Growth Strategy will focus on providing support in the following theme areas:
• Infrastructure. • Sites & Premises. • Business Support & Skills. • Growing Communities. • Housing.
3 4. OUR GROWTH PLAN TARGETS We shall monitor progress towards our objectives against these targets using the following indicators:
• Gross Valued (GVA) Growth - Annualised growth rate in the Partnership area to be higher than the national - Annualised growth rate per head of population in the area to be higher than the national average - Annual growth rate in workplace-based and residence-based earnings to be higher than national • Employment Growth - Percentage increase in total numbers in employment in the key sectors (advanced engineering, aerospace and defence, and the creative industries) and in the proportion of total employment in the key sectors - Percentage increase in total employment in knowledge intensive sectors, and in the proportion of total employment in these sectors to the national average - Employment growth rate at a higher rate than the national, particularly in Christchurch
8 • Skills & Qualifications Growth - Percentage increase in the adult population (16-64) qualified to NVQ L3 & L4
We shall report our progress against these targets annually to our elected members and to the business community.
5. OUR STRATEGIC PRIORITIES The following sections set out the range of activities and actions we shall carry out in order to achieve the identified targets. We shall lead on some of these, whilst others will be delivered by our partners with our support.
We shall monitor the progress of these activities to ensure that we are continuing to consider the needs of our local business communities and that we are identifying opportunities as they arise. We shall adjust our delivery plan at least annually in accordance with this.
4 THEME ONE – INFRASTRUCTURE Planned Actions:
• Place the long-debated A31 improvements at the top of the LEP agenda, and influence government policy via our local MPs. • Play a key role in progressing the Bournemouth Airport Growth Programme through our Membership of the Programme Board. • With the support of our senior businesses take an active role in encouraging competitive diversity of provision and access for Broadband, 3G/4G and digital info systems across the Partnership area. • Regularly liaise with utilities providers to ensure that the needs of an expanding economy are properly met, specifically with regard to energy and communications. • Develop Partnership planning policy and implementation systems which are in harmony with our strategic goals ( Local Plan Part 2 ) 9 THEME TWO – SITES, PREMISES Planned Actions:
• Work closely with landowners and stakeholders to ensure that the identified sites are brought forward for development and promoted appropriately. • Facilitate Local Development Orders to simplify planning processes. • Examine where re use of Council Assets and use of Compulsory Purchase Orders could be utilised to expedite development. • Work with the Local Enterprise Partnership to bring forward development which supports key LEP initiatives and projects.
5 THEME THREE – BUSINESS SUPPORT AND SKILLS Planned Actions:
• Launch a Local Planning Charter and the Better Business for All programme to simplify the regulatory burdens on businesses • Provide relevant and timely information and signposting so that businesses can access support services such as the Dorset Growth Hub and Dorset Skills Hub. • Review our support services regularly to ensure that they meet local needs and respond to local demand. Commission new services where appropriate. • In collaboration with Dorset LEP and other agencies, deliver support programmes for our key commercial and industrial sectors. • Meet the needs of the rural economy through close collaboration with Northern Dorset LAG. • Work with local schools, colleges and other educational providers to develop awareness of the world of work and of training and employment opportunities in the key sectors. 10
THEME FOUR – GROWING COMMUNITIES Planned Actions:
• Develop Town Centre Strategies for Christchurch and Ferndown in collaboration with key stakeholders. • Support the development and sustainability of Business Improvement Districts (BIDs) in Wimborne and Ferndown & Uddens Industrial Estate, and encourage the movement towards BIDs in Christchurch and elsewhere. • Play an active role in securing funding for developing the rural economy in East Dorset via the LEADER programme.
6 THEME FIVE – HOUSING Planned Actions:
• Work proactively with developers and landowners to ensure the development of Housing sites allocated within the Local Plan • Work with the Dorset LEP and other strategic partners to deliver Housing schemes which link to key economic priorities and development sites. • Work with other Local Councils to plan strategically in order that future Housing development supports the growth of the sub regional economy 11
7 8. FURTHER INFORMATION Further information on any aspect of this plan is available from:
Nick James, Economic Development Manager [email protected] Tel: 07710365720
Tim Brown, Economic Development Officer [email protected] Tel: 07710365721
Paula Sales, Economic Development Officer [email protected] Tel: 07584524842 12 Or by email via: [email protected]
Facebook: www.facebook.com/CEDCGoing4Growth
Twitter: @cb_edd_councils
Linkedin: www.linkedin.com/company/christchurch-and-east-dorset-district-council
8 Going for Appendix 2 growth
Local Delivery Plan
13 1. INTRODUCTION Local Councils have a key responsibility to help ensure that the people who live and work in their communities enjoy a good quality of life. Places which are safe, healthy, prosperous, and culturally rich are generally regarded as the essential criteria for successfully achieving this responsibility.
Christchurch and East Dorset Councils take this responsibility very seriously which is why we are producing our first joint Economic Growth Strategy for the area administered by the two Councils. In drawing up the strategy we have undertaken some key tasks :
• We have reviewed our existing approach and identified where improvements need to be made • We have looked carefully at the interrelated issues and opportunities which need to be addressed • We have consulted with our local business community to find out more about their immediate and future needs
In this Local Delivery Plan document we explain where we believe we can directly support or provide a positive influence; detail the specific actions that we will be undertaking over the next 12 months, to help grow our local economy; and, set out how we will monitor progress and impacts.
We very much hope that the whole of the community will welcome the positive actions we are taking and work with us to help our local economy to grow.
Cllr Simon Tong Cllr Claire Bath Cabinet Member for Economy Economy Portfolio Holder East Dorset District Council Christchurch Borough Council
2 14 2. KEY CHALLENGES Whilst the economy of the local area is relatively strong and of international significance, there are a number of key areas that the Partnership Councils of Christchurch Borough and East Dorset District must address if balanced and sustainable economic growth is to be achieved.
In 2013 a detailed evaluation was carried out of the Christchurch and East Dorset economy to help inform the Partnerships’ growth strategy. Some of the key challenges arising from this assessment are summarised below:
• Knowledge-intensive sectors employ 47% of the Christchurch workforce and 45% of East Dorset’s workforce, compared to 53% across Great Britain, which indicates a relatively low value economy. • Gross Value Added (1GVA) per resident is low, at just over 70% of the national level (partly influenced by the significant number of retired people living in the area). • Unemployment rates are low at less than 1%, yet wages are also relatively low. • Housing affordability is a problem with house price to income ratios among the highest in the country. • Low proportion of the population of working age economically active; ( 55% ) of the total population is of working age, compared to 64% for England and Wales as a whole. • Feedback from local businesses shows significant concerns about poor transport links to and within the area; poor mobile coverage and availability of broadband; and employability skills.
The Dorset Local Enterprise Partnership (Dorset LEP) forecast that across Dorset by 2025, a total of 26,000 new jobs will be required and that a further 147,500 vacancies will be created by people leaving existing jobs or retiring. This scale of demand clearly requires a responsive and highly skilled workforce and the Dorset Local Enterprise Partnership (LEP) has identified the Aerospace/ Advanced Manufacturing and Digital/ Creative sectors as being of particular significance to the future economic prosperity of the area.
3. KEY THEMES In order to promote growth and prosperity and address the above challenges and having consulted with the local business community, the Partnership is focussing on providing support in the following areas:
Infrastructure Lobbying for investment to deliver improvements to road, rail, public transport and broadband/ mobile communications
Sites & Premises Making sure that there is a full range of sites and premises available to meet the needs of expanding local businesses and to encourage inward investment
Business Support & Skills Working with partners to promote and deliver business support services and with the education sector to ensure the supply of a highly skilled workforce
Growing Communities Supporting the growth and development of rural areas and town centres
Housing Ensuring an adequate supply of housing development sites including provision of affordable housing
1GVA is a measure of economic output 3 15 4. GROWTH STRATEGY TARGETS The following targets will be used to monitor our progress which will enable the Partnership to target resources effectively.
Gross Value Added (GVA) growth • Annualised GVA growth in the Partnership area at a higher rate than the GB growth rate • Annualised GVA growth per head of population in the two districts at a higher rate than the GB growth rate • Annual growth in workplace-based and residence-based earnings to be at a higher rate than the GB growth rate
Employment growth • To increase the total numbers in employment in the key sectors, and the proportion of total employment in the key sectors * • To increase total employment in knowledge-intensive # sectors, and the proportion of total employment in knowledge-intensive sectors to a level comparable with the Dorset average, and then to the GB average • Employment growth at a higher rate than the national average, particularly in Christchurch
Skills and qualifications • An increase in the population aged 16 to 64 qualified to NVQ levels 3 and 4
Progress against the baselines will be reported annually to elected Members and the Business Community * The key sectors are Advanced Engineering (including Aerospace & Defence) and the Creative Industries. # Knowledge intensive sectors are defined as sectors where services or business operations are heavily dependent on professional or technical knowledge.
5. LOCAL DELIVERY PLAN The following sections set out the range of activities that will be carried out through this Delivery Plan in order to achieve the targets that have been identified. Some of these activities are led by the Partnership, others are delivered by partners with the support of the Partnership.
The Partnership will monitor the performance of these activities to ensure that the needs of local businesses are being considered and that relevant opportunities are identified. Where gaps emerge or it is clear that the achievement of targets may be at risk, the Partnership will adjust its delivery plan which will be reviewed at least annually.
A full list of the projects broken down by theme with relevant cost estimates is set out at Appendix 1.
4 16 THEME ONE - INFRASTRUCTURE Background Actions under the infrastructure theme will be a combination of some limited delivery, as well as lobbying for investment in major strategic schemes. These will include:
• Road improvements – lobbying other organisations / agencies to encourage delivery and to ensure that resources are invested effectively Through the Bournemouth Airport Delivery Board, the Partnership will help ensure the effective delivery of road projects linked to the growth of the Airport. • Rail and other public transport – lobbying organisations / agencies to encourage improved services to the local area • Broadband, 3G and 4G communications infrastructure - lobbying network providers to encourage the provision of better and more reliable services • Mobile Phone Networks – lobbying to encourage wider and more effective coverage by mobile network providers in the Partnership area.
Planned Actions Blackwater junction - Improvements to Blackwater junction with A338 to support economic growth, reduce congestion and improve access to Bournemouth Airport (Dorset LEP/ DCC Highways/ Partnership)
B3073 - Scheme of works to increase capacity of key junctions on the B3073 to meet the needs of the airport, local businesses and the conurbation to improve capacity and reduce congestion on the B3073. (Dorset LEP/ DCC Highways/ Partnership)
A338 - Widening from the Blackwater junction to A3060 Cooper Dean roundabout. (Dorset LEP/ DCC Highways/ Bournemouth Borough Council/ Partnership)
Support the “Sustainable Access to Employment” programme, which currently provides sustainable transport solutions to businesses at Ferndown Industrial Estate and the Airport (Partnership/ DCC)
Support the Dorset Superfast Programme through effective dissemination of information about the delivery programme (Partnership/ DCC/ BT)
Improve mobile coverage network through lobbying mobile network providers to encourage increased service capacity (Partnership)
Promote the SME voucher scheme which aims to provide grants to small and medium sized businesses for improvements to their Broadband equipment (Partnership)
5 17 THEME TWO – SITES AND PREMISES Background It is essential that businesses have access to suitable sites and premises. This is not just to meet the requirements of any potential inward investors but to support the expansion of existing businesses in the local area. The Partnership has recently adopted a “Local Plan” which identifies new commercial sites that can be brought forward for development, these include:
• Bournemouth Airport • Blunts Farm • Woolsbridge Industrial Estate • Bailie Gate Industrial Estate • Cobham Gate
Planned Actions The Partnership will work with relevant landowners and stakeholders to ensure that these sites are brought forward for development and promoted to local and national businesses. Proposed actions are as follows:
• Airport – The Partnership already works closely with Manchester Airports Group (MAG) as the owner of 60 hectares of land to the north and north east of the Airport. The Partnership will establish a Local Development Order (LDO) for the Airport site, which will simplify the planning process for development and work with MAG to promote the site to businesses. (Partnership/ MAG) • Blunts Farm – The Partnership will work with the Forestry Commission as the owner of 30 hectares of land to the west of Ferndown and Uddens Industrial Estate offering support for Masterplanning and possibly a Local Development Order (Partnership/ Forestry Commission) • Cobham Gate – The Partnership is working to expedite the development of an existing vacant site at Cobham Gate. This is being supported by Dorset LEP through the “Growing Places Fund” (Partnership/ Dorset LEP) • Woolsbridge Industrial Estate – the Partnership will work with landowners to bring forward the development of 13 hectares of land together with required access and improvement works (Partnership) • Bailie Gate Industrial Estate – the Partnership will work with relevant landowners to bring forward 3.3 hectares of land for development, together with associated development briefs and landscaping works (Partnership)
The Partnership recognises that there are a number of smaller sites which are suitable for development which are not listed here and will work with landowners and local businesses to bring forward these sites for suitable development, as outlined in the Local Plan.
6 18 THEME THREE – BUSINESS SUPPORT AND SKILLS The following sections set out the range of activities that will be carried out through this Delivery Plan in order to achieve the targets that have been identified. Some of these activities are led by the Partnership, others are delivered by partners with the support of the Partnership.
Background The Partnership recognises that growth of new and local businesses is enabled by access to effective business support/ advice services and to a skilled workforce. The Partnership’s role is not to create or duplicate current services, it is to:
• Encourage awareness of business support and skills services that are available • Help businesses access the services that they need • Promote and where applicable deliver support services that are of high quality
Engagement with local businesses has identified skills and employment readiness as a key priority. Businesses are concerned that they are unable to recruit the employees they need and that their existing employees often need new skills. This is particularly true in the Partnership’s priority economic sectors and for higher level occupations. There is also a need to ensure that young people are fully aware of the opportunities that are available and that they are appropriately skilled and work ready at the point they enter employment.
Planned Actions • Ensuring that the Partnership’s own development planning and regulatory services for local business are responsive to business needs. This includes development of a local “Planning Charter” and the “Better Business for All” programme (Partnership) • Providing relevant and timely information for local businesses so that they can access relevant and high quality business support services, including the Dorset Growth Hub and Dorset Skills Hub (Partnership) • Continually reviewing business support services to make sure that they are meeting the needs of local businesses and responding to local demand including the development and commissioning of new services to fill any gaps where this is possible. • Working with Dorset Local Enterprise Partnership (LEP), other local authorities and local businesses to deliver support programmes for the Digital Media, Aerospace/ Advanced Engineering and Financial Services sectors. (LEP/ Partnership) • Supporting the Northern Dorset Local Action Group to develop and deliver programmes to meet the development and skills needs of rural businesses (Partnership/ Northern Dorset LAG) • Supporting employability programmes with local schools, colleges and other providers to prepare young people for the world of work and to encourage young people into careers within the priority sectors (Schools/ colleges/ businesses) • Developing of a “Skills Escalator” project which would provide a focus for skills and business development for the priority sectors of the local economy (Partnership / University)
7 19 THEME FOUR – GROWING COMMUNITIES Background It is essential that the Partnership encourages the development of thriving and welcoming town centres and a strong rural economy. Thriving communities are attractive places to live, work and visit and play a key role in making an area attractive to invest in and relocate to. The Partnership is already working with local business support organisations, as well as developing strategies for the development for some of our Town Centres and is actively engaged in the Northern Dorset LAG Programme covering the rural parts of its area.
Planned Actions Building on initial work carried out in 2014, the Partnership will:
• Further develop and deliver a Christchurch Town Centre Strategy. Subject to detailed consultation and project planning, this Strategy will include a range of improvements to the Town Centre and its heritage (Partnership/ Christchurch community organisations and businesses) • Work with Ferndown Town Council and other partners to develop a Town Centre Strategy for Ferndown (Partnership/ Ferndown community organisations and businesses) • Support the existing Wimborne Business Improvement District (BID), which acts as a focus for the promotion and viability of Wimborne Town Centre. The BID is scheduled for renewal ballot in 2016 and the Partnership will support the renewal process (Partnership/ Wimborne BID) • Work with the Northern Dorset Local Action Group and other partners to secure funding from the LEADER programme to support projects in rural East Dorset and Christchurch. This programme is to be finalised but will include a mix of environmental, community and business development actions. (Partnership/ Northern Dorset LAG) • Engage with other Partnerships seeking to improve their local economies such as the Highcliffe Community Partnership
8 20 THEME FIVE – HOUSING Background The development of a successful local economy depends on the availability of the correct mix of housing for the local workforce. A number of local businesses have expressed concerns that low cost housing in particular needs to be readily available to retain and attract workers to the area. Christchurch and East Dorset are among the least affordable areas for housing in the South West.
The Partnership Local Plan identifies a range of sites across Christchurch and East Dorset that are available for housing development. The Local Plan provides for approximately 8,490 new homes in the area between 2013 and 2028. The Partnership also has an Affordable Housing Policy that requires developers to provide a number of affordable homes within certain types of developments. The Partnership will continue to work with landowners and developers to ensure the supply of sufficient and affordable housing to meet local need. More details of the allocated sites and policies can be found in the Partnership’s Local Plan.
Planned Actions • Work with developers and landowners to enable the development of housing sites allocated within the Local Plan (Partnership/ landowners and developers) • Support transport and other infrastructure developments that may be required to enable these housing sites to be developed. Airport (Partnership/ Dorset LEP/ Dorset CC/ developers) • Work with other local councils to plan strategically in order that future housing development supports the growth of the sub regional economy
9 21 6. MONITORING, REVIEW AND COMMUNICATIONS Monitoring and Review Responsibility for oversight of the Local Delivery Plan belongs to the Partnership’s Growth Board. This meets approximately every six weeks and is attended by:
Portfolio Holder, Lead Member for the Economy East Dorset District Council Portfolio Holder, Growth and Economy Christchurch Borough Council Portfolio Holder, Housing East Dorset District Council Portfolio Holder, Housing Christchurch Borough Council
In addition there will be six monthly briefing seminars for councillors of both councils. Any requirement for additional budgetary allocations to support future activities will be subject to the formal committee approval process.
Communications There are an estimated 6,545 businesses within the Partnership area and it is not possible to communicate individually with each of these. The Partnership is also mindful that businesses have many demands on their resources and do not always have the capacity to engage regularly with the Partnership. The Partnership’s communication strategy therefore needs to be timely, positive and meaningful as set out below:
• Proactive and ongoing account management with the leading 20 businesses in the Partnership area to ensure that there is a positive and effective working relationship. These businesses are predominantly in the aerospace and advanced manufacturing sectors, reflecting their value to local GVA as well as their potential to increasing employment opportunities in key sectors and local supply chains. • Delivering consultation and communication events to engage wider business community with the Growth Plan. It is expected that as a minimum annual events will take place to help inform the ongoing work of the Partnership and to keep businesses up to date with progress on delivery of the Growth Plan. • Production of a quarterly newsletter to keep businesses informed of key developments and issues. This will be distributed electronically to all known businesses in the Partnership area and will include the opportunity for feedback and ongoing communication. • Use of social media – many businesses now operate extensively through social media for both their trade and communications. It is essential that the Partnership operates in the same way to ensure that it is keeping in touch effectively with a diverse range of local businesses. • Use of partner agencies – the Partnership has put in place effective working relationships with many local agencies who already have their own channels of communication with local businesses. The Partnership will work with such agencies not only to deliver local services but also to engage with the business community. • The Partnership will publish an Annual Report on progress towards delivery of the Plan targets and invite feedback from businesses, business support organisations and key stakeholders on the progress being made.
10 22
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of businesses the Partnership in area using the
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11 23
up and survival rates exceed national exceed national survival rates and up - ntial businesses advised
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romotion £2,000 per per £2,000 Marketing and and Marketing Promotion Staff time and Marketing Promotion Staff time and Marketing P Staff time only seminar equates to £20,000
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12 24
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13 25
Creation of viable Business Plan of Business viable Creation Recruitment at attendees local from feedback Positive Successful established network Successful established network Successful established network year4 a jellys Ongoing 4 meetings a year Fair
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14 26
10 businesses supported Land supply targets achieved onannual an basis Partnership with communication active in 300 businesses
July
June eeting to to eeting – Social media Social
ballot m Inaugural be held June 2015 N/a “Going Growth” for Newsletter September 2015; 2016 January 2015; Ongoing – Events Business 2016 Early 2015; January 2016 onwards for planning to inform 2016/17
£3,000 £3,000 Staff time Staff time £30,000 £10,000 £375,500
elivery sustainable sustainable elivery d
mmunication for businesses insectors key
renewal ballot renewal ballot Project to support the LAGto distribute funding a award of development supportto business rural years five forr £1.5m to landowners and developers Work with sites Plan Local key at developments across all businesses with communication of Programme areapartnership Programme of co area Partnership in major employers and Events and othercommunication associatedwith individual business support projects
–
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p (LAG) (LAG) p
6 ites Deliveryites 1 / 5 1 0 2 n Local Action Grou a l
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renewal ballot Dorset Northern LAG the of operation the support to Project Local Plan Site Strategic S delivered to be projects sector Private Networking, socialevent media, management,Comms, newsletter etc Monitoringthis delivery undertaking plan the annual review future and years plans n A
-
1 x i d n e p p A HOUSING Increase employment in key the sectors Total Partnership Financial Investment 5
15 27 8. FURTHER INFORMATION Further information on any aspect of this plan is available from:
Nick James, Economic Development Manager [email protected] Tel: 07710365720
Tim Brown, Economic Development Officer [email protected] Tel: 07710365721
Paula Sales, Economic Development Officer [email protected] Tel: 07584524842
Or by email via: [email protected]
Facebook: www.facebook.com/CEDCGoing4Growth
Twitter: @cb_edd_councils
Linkedin: www.linkedin.com/company/christchurch-and-east-dorset-district-council
16 28 Agenda Item 5
CABINET 24 June 2015
Title: Community Grants and Ward Budgets
1. PURPOSE AND RECOMMENDATIONS
Purpose of Report: Members are asked to support the continuation of the Ward Budget scheme during 2015/16, and to combine it with the Community Grants fund into a single scheme. Recommendations: It is RECOMMENDED that: the continuation of the Member Ward Budgets in 2015/16 be approved based upon the details set out in this report and the preferred funding model proposed by the Scrutiny and Policy and Development Committee at its meeting on 9 June 2015. (The views/comments of Scrutiny Committee are detailed in Section 4 to this report.) Portfolio holder: Councillor Mrs Barbara Manuel – Portfolio Holder for Communities Wards: Council Wide Contact Officer: Judith Plumley – Head of Community and Leisure
2. BACKGROUND 2.1. In March 2014 the Audit and Scrutiny Committee considered the introduction of Member Ward Budgets and agreed to allocate £2,000 to each Ward Councillor to spend annually in their ward. 2.2. Ward budgets have traditionally been used as a means to assist local Councillors to demonstrate support to the local community within their wards, and contribute to projects or activities that benefit the communities that Members represent. 2.3. The scheme was set up for a 2 year trial period with an overall budget of £145,000, and included the requirement for a review after the first year to monitor its effectiveness. 2.4. In 2014/15 the Ward Budgets scheme allocated £67,124 to local projects and activities, which leaves £77,876 to be allocated for 2015/16. 2.5. The Council also operates a Community Grants scheme which also seeks to support the local community by contributing to projects and activities, and this has been administered by the Community Grants Task and Finish Group (chaired by the Lead Member for Communities). 2.6. However the future of the Community Grants scheme has been considered for by the Members of the Community Grants Task and Finish Group, and at the Community Committee of March 2015 it was resolved that the group would be disbanded and the budget for awarding grants would be divided between Members to further increase their ward budgets.
29 2.7. It was also resolved that consideration be given to a small budget to be retained centrally for grant requests which don’t meet the criteria of the Members ward budgets.
3. REVIEW 3.1. The first year of the Ward Budget scheme has proven to be very successful, with in the region of 85 projects and activities being supported locally with £67,124 of grant funding. 3.2. The guidance notes to Members (see Appendix 1) and the administration of payments to their chosen projects have both worked well and there is no intention to change this process, apart from the Members now contacting the Community and Recreation team in the first instance for help and further guidance if necessary. 3.3. The existing Ward Budget fund has £77,876 in the pot for 2015/16 and if this is to be combined with the Community Grants budget of £37,950 then that will leave the Members with a combined total of £115,826, which potentially could be distributed as follows: Option A - £4,000 per Member (100% of the budget allocated between 29 Ward Members) Option B - £3,800 per Member (with circa £5,000 retained centrally for grant requests which don’t meet the criteria of the Members ward budgets) Option C - £3,600 per Member (with circa £10,000 retained centrally for grant requests which don’t meet the criteria of the Members ward budgets) 3.4. The Ward Budget scheme will be subject to the scrutiny of internal audit in 2015/16 and it is therefore proposed that greater emphasis be placed upon the monitoring and follow-up of projects and activities to ensure that the expenditure of Council resources in this way is financially robust. 3.5. The Community and Recreation team will take an active role in this respect by offering support to funding projects from the initial Member enquiry through to the successful completion of the scheme. The team will aim to actively work with the Ward Member during the follow-up period by establishing meetings with the community involved and creating photo opportunities for the Member to promote their support of the project. 3.6. The Community and Recreation team will also upload details of successful projects and activities to the Council website in order to comply with the new Government transparency regulations, and will actively promote the work of the Members through our social media channels whenever possible.
4. FEEDBACK FROM SCRUTINY AND POLICY DEVELOPMENT COMMITTEE 4.1. The Scrutiny and Policy Development Committee considered this report at its meeting on 9 June 2015. The Cabinet’s attention is drawn to the comments of the Committee as follows:- 4.2. Members support the continuation of Member Ward Budgets in 2015/16 based upon the details set out in this report. Members expressed a preference for future funding model option A.
30 5. IMPLICATIONS
Corporate Plan & Council Objectives 5.1. The availability of greater Ward Budgets will further enhance the Councils involvement with local communities, and assist with the delivery of efficient and effective services to ward areas.
Legal 5.2. The Council is empowered under the Localism Act 2010 to authorise expenditure benefiting local communities.
Environmental 5.3. There are no environmental implications arising directly from this report.
Financial and Risk 5.4. The Scrutiny and Policy Development Committee is being requested to consider a proposal for the allocation of existing community grant funds to their Ward Budgets in 2015/16. Any provision of the level of Ward Budget is to be determined by Cabinet.
Equalities 5.5. The Council aims to provide the community with fair and equal treatment in all its activities. Members and Officers should ensure that all communities are able to participate in the scheme wherever possible. Therefore the scheme needs to be widely publicised and the Council should encourage applications from a wide range of community groups.
6. CONCLUSION 6.1. The Ward Budgets scheme has been well received by the community of East Dorset during the first year, and many worthwhile projects and activities have been supported by Ward Members. 6.2. The continuation of the scheme into the second year will prove equally as popular, and by combining it with the outgoing Community Grants fund each Ward Member will have significantly more funding available to distribute within their own ward community.
Appendices: Appendix 1 – Briefing Note
31 This page is intentionally left blank
32 Appendix 1
Briefing Note – Ward Budgets
1. A number of Members have stated to think about whether Ward Budgets should be introduced for Members at Christchurch BC and East Dorset DC. Ward Budgets, often referred to as Neighbourhood or Locality Budgets (not to be confused with Community Budgets), are examples of small budget sums being made available to Ward Councillors to spend annually in their ward areas. 2. Typically amounts involved in Ward Budgets vary from as little as £2000 per Councillor per annum, to £10000. Some Councils, for example Westminster City Council, amalgamate the individual amounts and allow a combined sum to be used per Ward area (£46000 in the case of that Council). 3. Why have Ward Budgets? They are intended to help local councillors to demonstrate support to the community within their wards and to contribute to projects or activities that benefit the communities that they represent. 4. Operating Ward Budgets should be made as simple and flexible as possible. However since it involves expenditure of Council Tax payer’s money, it is necessary to have some rules in place governing the operation. This means establishing a set of rules or guidelines on how the budget can be used by the Member. 5. What can the Ward Budgets be used for in the local area. Typically such expenditure is targeted at one off small value items of non-recurring expenditure which include: Support community projects Improve services or facilities in a local area Promote better community relations Enhance local open spaces and leisure facilities Improve the local environment or appearance of an area Address community safety issues Provide support to a particular group that assists delivery of the Council’s Corporate Objectives 6. In terms of schemes/projects that have been supported by use of Ward Budgets in other Councils areas, they have been used to assist the following, (this is not an exhaustive list): Resurfacing of a playing field car park Providing lighting for a youth club Restoration of a community hall Installing a disabled toilet in a village hall Supporting a local scout group Supporting a dial-a-ride Purchasing cutlery and crockery for a community group Purchasing village entrance signs Renovating a village landmark
33 The funding available for Ward Budgets will be agreed as part of the budget setting process with a clear allocation of the budget to each ward member. This will be a cash limited sum. 7. Where a Member seeks to make use of the Ward Budget provision, it will be necessary for an application form to be completed by the Member and this will identify the project/scheme seeking to be supported and how much money is intended to be used to finance that activity. The application then needs to be signed off/authorised before the finance can be committed. This is usually actioned by senior officers, an appeal to the Chief Executive appears to be available under schemes already in operation. Members will need to be able to demonstrate compliance with the Code of Conduct, especially any interest declarations, when submitting application forms. 8. Members will need to appreciate that the level of support afforded by the Council into Ward Budgets will be subject to annual review through the normal budget setting process. Any budget remaining unexpended at the end of each financial year is not carried forward. This means that Members would not normally be permitted to commit to expenditure in a future year (there may be exceptional circumstances when this would be allowed). 9. Ward Budgets are not intended to replace significant initiatives which would normally be funded via the Capital Programme or the revenue budget. Aspirations for investments of this kind will still need to be considered against competing priorities. 10. All transactions will be processed through the Council’s finance system. 11. A number of Councils have already chosen to operate Ward Budgets. Details of their schemes can be found from their websites and will be brought to the meeting on the 24th October 2013 for information (Councils operating such schemes are Wycombe DC, Shepway DC, Colchester BC, Eastbourne BC, Westminster City Council).
Keith Mallett 17/10/13
34 Agenda Item 6
CABINET 24 June 2015
Capital and Revenue Outturn 2014/15
1. PURPOSE AND RECOMMENDATIONS
Purpose of Report: To advise Members of the actual capital and revenue budget outturn for 2014/15. Recommendations: It is RECOMMENDED that: (a) The outturn position of £192,480 revenue surplus be noted; (b) That £50,000 of the surplus is earmarked for housing with the remaining £142,480 being allocated to un-earmarked reserves; (c) Members consider the use of un-earmarked reserves during 2015/16 as part of the overall Medium Term Financial Strategy update for 2016/17. (The view/comments of the Scrutiny and Policy Development Committee are detailed in Section 7 to this report.) Portfolio holders: Cllr Butler (Lead Member for Performance) Wards: Council - wide Contact Officer: Debbie Wiltshire (Partnership Financial Services Manager) Dan Povey (Group Accountant)
2. BACKGROUND 2.1. This report advises Members of the actual revenue and capital end of year position for 2014/15. 2.2. The final accounts for 2014/15 are now nearing completion, and in order for the Statement of Accounts to be finalised and then audited by the external auditor, Members’ approval is sought for the allocation of savings and reserves referred to in this report. At the time of writing figures are still being finalised and any amendments will be reported at the meeting. 2.3. The Statement of Accounts will be approved after the completion of the audit, by the Joint Audit Committee at the end of September 2015.
3. REVENUE OUTTURN 3.1. The revenue surplus for the 2014/15 financial year is £192,480, which represents 0.6% of the Council’s £34.8m gross expenditure budget. The net surplus is analysed across service areas in Appendix 1. Appendices 2-9 provide a detailed narrative on individual budget variances and Appendix 10 gives a subjective analysis of the total revenue surplus. 3.2. The appendices show that the variances related, in the main, to increased income from Business Rates Retention Scheme, Car Parking, Development
35 Management and Land Charges plus savings achieved within the Housing service; offset by overspends relating to the Dorset Waste Partnership, Development Management salaries, Moors Valley business rates liabilities and Verwood Hub costs. 3.3. The revenue surplus, which is reduced from last year’s figure of £365,717, does indicate that the key principle of the Council’s Medium Term Financial Strategy of frontloading savings and modest Council Tax increases to counter the longer term reduction of Central Government support is on track. 3.4. The in-year surplus is critical to enabling one off funding to be set aside for investment in key strategies such as supporting economic growth and organisational transformation both of which will contribute to the future financial stability of the Council. The outturn position also confirms that the headroom within the base revenue budget for future years is achievable which provides certainty regarding the Council’s viability as well as providing scope to be proactive in where we wish to target our resources. 3.5. Austerity and the times of reducing Government support are here to stay for the foreseeable future. The local government settlement for 2015/16 saw a 30% (£418k) reduction in revenue support grant for this Council. The Medium Term Financial Strategy models further reductions of 25% per annum over the next five years, a further total reduction of £747k. 3.6. The Quarter Three position reported to Members at the Resources Committee of 11th February forecast a £2,000 revenue surplus at the year end. The main changes during the last quarter of the financial year that have affected that forecast are summarised in the table below. Most of the variances relate to additional income generated in Quarter 4, or items where the final outturn can only be calculated after the year end such as Business Rate Retention Scheme income, cost of Housing Benefits and Concessionary Travel. The final costs of bringing the operation of the Verwood Hub back in house have been finalised for the year and are £94,000 more than the £70,000 that was set aside. This increase is due to additional hand back costs due to prolonged negotiations with the Community Association and additional staff costs due to the delay in the service restructure. £000 Quarter Three Forecast (Surplus)/Deficit (2) Hand Back & Running Costs Relating To Verwood Hub 94 Additional Car Parking Income (Including Moors Valley) (73) Final Position On Business Rate Retention Scheme (71) Reduced Housing Benefit Costs To General Fund (50) Savings Relating To Tourism (20) Savings Relating To Elections And On-line Registration (18) Increased Licencing Income (15) Reduced Costs Of Concessionary Fares (14) Other Net Changes (23) Year End Position (192)
36 3.7. 2014/15 is the second year of the Business Rate Retention Scheme. The Quarter three budget monitoring report to this Committee informed Members of a projected surplus of £1,072,594 on the 2014/15 Collection Fund for Business Rates, due to growth in business rates and reduced provisions for appeals and bad debts compared to those budgeted for. The actual year end surplus on the Collection Fund is £1,237,360, of which East Dorset’s share is £494,944. 3.8. Due to local government accounting rules, the Council will see the benefit of the £1,072,594 surplus predicted in January 2015 during 2015/16 (40% or £429,038) as a one-off windfall payment. The Council will however have to pay a levy on the actual surplus business rates generated in 2014/15 which is charged to the 2014/15 accounts. As reported to Members in February 2015 the one-off windfall income has been set aside as part of the 2015/16 budget process to pay for the levy in 2014/15, with the remainder being available to fund corporate priorities. The Council will see the impact of the difference between the actual surplus for 2014/15 and the January 2015 prediction in 2016/17. 3.9. The final outturn position relating to Business Rates for 2014/15 includes many elements, and is as follows:
Item £k Comment Council Share Of Business Rate 7,975 40% of net business rate take as calculated on Income Collectable 2014/15 NNDR1 Form at start of year. Council S31 Grants Receivable 575 Government compensation for lost Business Rate income due to Autumn Statements. Tariff Payable (7,249) The Government calculates a tariff that the Council must pay over as it collects more business rates “than it needs” Council Share Of Deficit Relating (468) 40% of previous year deficit as calculated on To 2013/14 NNDR1 Form at start of year. Levy Payable (269) Because there was a surplus on the 2014/15 Collection Fund the Council must pay a levy of 50% of the excess income to the Government. Retained Business Rate Income 564 Official Business Rate Income For Year Contribution Form Reserves – 468 Transferred to reserves as part of 2013/14 2013/14 Deficit closedown to fund the Council’s contribution to the 2013/14 Collection Fund deficit. Contribution From Reserves – 269 Funded from unallocated reserves in 2014/15 Funding the levy and refunded from money set aside as part of the 2015/16 budget process per para 3.8 Business Rate Cash Position 1,301 Budget 1,230 The Council Budgeted For The Baseline Position Set By The Government Surplus For Year 71 3.10. It is recommended that £50,000 of the 2014/15 revenue surplus is allocated to reserves earmarked for the Housing service. Housing achieved considerable savings during 2014/15 of £120,000 through reduced use of temporary accommodation such as bed and breakfast establishments and also through the use of Discretionary Housing Payment (DHP) Grant to assist with rent in
37 advance and rent deposit payments. This has been partly reflected in the 2015/16 Housing budgets where £35,000 has been removed from the base budget. This budget does face new risks relating to universal credit and the effect this may have on the numbers of people presenting as homeless, and a reduction in the DHP Grant for 2015/16. Allocating £50,000 to reserves helps mitigate these risks and their effect on the 2015/16 budgets. 3.11. It is recommended that the remaining £142,480 is transferred to unallocated reserves. Recommendations for the use of these reserves will be brought before Members as part of the update on the Medium Term Financial Strategy in 2015/16.
4. IMPLICATIONS FOR 2015/16 AND BEYOND 4.1. Looking to the future, the Council is in as good a position as it could be given the uncertainty surrounding public sector funding. The Council has budgeted for headroom in the 2015/16 budget which will decline over time to help manage the decline in Government funding. The Medium Term Financial Strategy (MTFS) currently forecasts a modest budget gap in 2020/21. This position will be kept under review and an updated MTFS will be presented to Members in the Autumn. The Council has a strong reserve position and a fully funded capital programme. 4.2. The revenue outturn position for 2014/15 both bolster’s the Council’s financial position and indicates that the principles of the MTFs are working. Front- loaded savings from partnership working, coupled with growing business rate income and modest increases in Council Tax are creating headroom and revenue surpluses in the short term that will help balance the books as Government support dwindles to negligible amounts over time. 4.3. It is important that the Council continues to be proactive in managing its finances, in seeking to grow all sources of revenue, including Council Tax and Business Rates, while at the same time scrutinising costs and achieving savings through partnership working. The Council’s success in securing significant funding through the Transformation Challenge Award process will help fund the next stages in Partnership working and ensure the efficient and effective delivery of services into the future. 4.4. The specific areas of risk relating to the 2015/16 budgets that have been identified from the 2014/15 closedown are as follows; a) Dorset Waste Partnership – there was a significant overspend in 2014/15 and the 2015/16 budget is lower than the 2014/15 outturn. This area will need to be closely monitored. b) Leisure & Countryside Services – where the service reviews have been delayed and where the Verwood Hub has been brought back in-house there have been overspends in salary budgets. Once these service reviews are completed and final establishment costs known the budgets for 2015/16 will need to be reviewed.
5. CAPITAL OUTTURN 5.1. The February 2015 Resources Committee approved a capital programme totalling £4,474.9k over five years as detailed in Appendix 11. Of this total, £1,944.7k was profiled to be spent in 2014/15. The actual capital spend for
38 2014/15 was £593.0k. The slippage of £1,351.7k against the 2014/15 budget occurred across a variety of capital budgets as shown in Appendix 11, with the grounds maintenance (£313k), affordable housing (£245k) and disabled facility grant (£205k) schemes being the largest. 5.2. One of the objectives of the 2014/15 and 2015/16 budget process was to re- profile the spend within the capital programme through discussions with budget managers in order to ensure that the programme reflected the actual timing of expenditure. There is still work to be done to improve the profiling of capital expenditure and this will continue throughout the financial year. 5.3. The remaining capital programme up to 2019/20 amounts to £3,916.8k and leaves £554.0k of capital resources unallocated. There have not been any significant changes to the total capital programme since the programme was approved by Members in February, when it was reported that there were £559.8k of capital resources unallocated.
6. COUNCIL RESERVES 6.1. The Council maintains a strong revenue reserves position, comprising earmarked and un-earmarked reserves as summarised in Appendix 12. The balances on these reserves may change slightly as work on the accounts is finalised. These reserves are currently forecast to be £12,561k as at 31 March 2015. This figure is greater than the £11,604k forecast when the 2015/16 budgets were set due mainly to the £1,352k of capital programme slippage and £192k revenue surplus achieved in 2014/15. 6.2. Although not all these funds are at the immediate disposal of the authority, and some are earmarked for specific use, they do give East Dorset a solid financial base in these times of economic uncertainty. Appendix 12 provides a brief description of the purpose of the funds held by the Council. 6.3. Appendix 13 shows the position of the Change Fund as at 31 March 2015. The Change Fund was set up to finance the costs associated with joint working, which has provided the Council with significant savings over the last five years and helped to balance the books. Of a total £1,842k of funds allocated to the reserve, £1,615k has been spent, leaving a balance of £227k as at 31 March 2015. This level of funds, plus the Transformation Challenge Award funding due to be received in 2015/16 will enable the programme of change to continue.
7. FEEDBACK FROM SCRUTINY AND POLICY DEVELOPMENT COMMITTEE 7.1. The Scrutiny and Policy Development Committee considered this report at its meeting on 9 June 2015 and supported the report as submitted with no additional comments.
8. IMPLICATIONS
Corporate Plan & Council Objectives 8.1. Performance 2 – Council Resources are used efficiently and effectively.
Legal 8.2. None.
39 Environmental 8.3. None.
Financial and Risk 8.4. If approved, the recommendation to put aside the revenue underspend from 2014/15 will allow the funds to be used to invest in opportunities that reduce the financial risk that the Council faces over the medium term.
Equalities 8.5. None.
Appendices:
Appendix 1 – General Fund Summary 2014/15 Appendix 2 – Growth & Economy Variances Appendix 3 – Finance Variances Appendix 4 – Property & Engineering Variances Appendix 5 – Housing & Health Variances Appendix 6 – Community & Leisure Variances Appendix 7 – Legal & Democratic Variances Appendix 8 – Organisational Development Variances Appendix 9 – Other Variances Appendix 10 – Subjective Analysis of Variances Appendix 11 – Capital Outturn Appendix 12 – Analysis of Reserves Appendix 13 – Change Fund
40 Appendix 1 General Fund Summary 2014/15
2014/15
Service Area Budget Outturn Variance Outturn £ £ £
Growth & Economy 1,170,950 (74,000) 1,096,950 Finance 733,545 (11,000) 722,545 Property & Engineering 2,509,710 79,000 2,588,710 Housing & Health 1,930,710 (136,000) 1,794,710 Community & Leisure 1,897,210 156,000 2,053,210 Legal & Democratic 807,300 (60,000) 747,300 Organisational Development 941,030 (104,000) 837,030 Lump Sum Pension Payment 285,667 (12,000) 273,667
Total Service Expenditure 10,276,122 (162,000) 10,114,122
Interest On Balances (90,000) (10,000) (100,000) Reverse Depreciation (780,210) 0 (780,210) Staff Vacancy Factor (50,000) 50,000 0 Parish CT Support Grant 105,130 0 105,130 Contributions To Reserves 583,410 0 583,410 General Govt Grants (234,582) 0 (234,582) Other 0 1,000 1,000
Total Net Expenditure 9,809,870 (121,000) 9,688,870
Parish Council Precepts 1,597,412 0 1,597,412
Total Budget Requirement 11,407,282 (121,000) 11,286,282
NNDR Income (1,230,131) (71,000) (1,301,131) Revenue Support Grant (1,397,181) 0 (1,397,181) Council Tax (8,779,970) 0 (8,779,970)
(Surplus) / Deficit 0 (192,000) (192,000)
41 Appendix 2 Growth & Economy Variances
Item Outturn Notes Impact 2015/16 Variance £k Salaries 95 Net overspend for The Development Development Control, Control salary budget Planning Policy and for 2015/16 was Economic Development. increased by £85k to Offset by increase in reflect the income referred to below. establishment agreed at that time.
Land Charges 5 Search fee costs were Budget unchanged Supplies & Services higher than budgeted due for 2015/16. to the increased activity and income generated.
Development (125) Additional income Development Management generated from planning Management income Income applications. Achieving this budget was income required staff increased by £57k for additional resource as 2015/16. referred to above.
Land Charges (39) Land Charges income was Budget increased by Income £254k against a budget of £10k for 2015/16. £215k.
Development (10) Mainly relating to Supplies & Services Management microfilming and printing budgets reduced by Supplies & Services £8k for 2015/16.
Total (74)
42 Appendix 3
Finance Variances
Item Outturn Notes Impact 2015/16 Variance £k Court Costs Written 28 Adjustments have been None. Off made to write off Council Tax and NNDR court costs relating to previous years which are no longer collectable.
Insurance Costs 21 After setting the budgets The 2015/16 budget one insurance provider was increased by pulled out of the local £27k. government market requiring a new provider to be found.
Boundary Changes 10 Changes were required to None. Review the Council Tax system to enable the changes to the tax base as a result of boundary review to be modelled.
Corporate 7 This net overspend is The external audit Management made up from additional budget has been Supplies & Services costs relating to bank reduced in line with charges offset by savings the audit fee letter, in external audit costs. and the budget for bank charges increased to reflect the higher level of costs.
Reduced Cost Of (50) The cost to the General Main impact on Housing Benefits Fund of awarding housing 2015/16 budgets is benefit is lower than £43k reduction in budgeted for. housing benefit administration grant.
Stour Valley (22) Net savings relating to the This service is now Partnership SVP supplies & services the Stour Valley budgets. Poole Partnership with a re-worked budget for 2015/16.
43 Supplies & Services (5) Miscellaneous net savings None. across Finance, Payroll and Audit services. Total (11)
44 Appendix 4
Property & Engineering Variances
Item Outturn Notes Impact 2015/16 Variance £k Dorset Waste 186 Latest information is that The budget for Partnership the East Dorset share of 2015/16 is £2,228k the DWP overspend will be which is £189k less £186k. than the 2014/15 outturn. This is a risk area that needs continued monitoring.
Carparking 9 Relates mainly to repairs & Budgets increased by Supplies & Services maintenance. £8k for 2015/16.
Carparking Income (67) Additional income was This budget was generated from meter increased by £8k in receipts and permit sales. 2015/16. The good weather over the winter was a contributing factor.
Public Offices Costs (22) Net savings relating to £9k was removed Furzehill offices, mainly in from the budget for relation to utility bills. 2015/16.
Property & (13) Savings across shared East Dorset’s share Engineering budgets for supplies & of the 15/16 budget Shared Service services. reductions is £9k. Costs
Public (7) Relates to repairs and None as repairs and Conveniences maintenance. maintenance Supplies & Services requirements can vary year-on-year.
Highway (7) Reduced spend on street Budgets remain the Management nameplates and ex-HRA same for 2015/16. roads.
Total 79
45 Appendix 5
Housing & Health Variances
Item Outturn Notes Impact 2015/16 Variance £k Pest Control 20 While income held up None compared to budget in the end, there were additional costs relating to contractors to cover staff sickness.
Housing Costs (121) Significant savings were The 2015/16 budgets generated by the Housing have been reduced Service due to reduced by £35k. numbers of homeless people, reduced use of Para 3.10 temporary accommodation recommends that and increased use of £50k is allocated to Discretionary Housing reserves to mitigate Payments (DHP) for rent in the risks surrounding advance and rent deposits. universal credit and reducing DHP grant in 15/16.
Partnership Costs (20) These savings relate to the The budget for 14/15 shared costs for the was based on Community Safety, business as usual Licencing and Public with an assumed Health budgets. service saving. The 15/16 budget is based on a true shared budget.
Licencing Income (15) Income was up from These income animal and riding budgets were establishments as well as increased by £2k for premises licenced for 15/16. alcohol.
Total (136)
46 Appendix 6
Community & Leisure Variances
Item Outturn Notes Impact 2015/16 Variance £k Moors Valley 113 This overspend is caused The on-going annual Country Park mainly by the new cost of £20k has Supplies & Services assessment by the been factored in from Valuation Office of the 2015/16. This park’s business rate assessment is being liability. The park was looked at by the previously considered Council’s business exempt from business rate consultants. rates. The assessment was backdated to 2010 and totalled £82k.
Costs Relating To 94 The operation of the Hub Once the service Verwood Hub was brought back in house review is complete from July 2014. The there will be the negotiations surrounding opportunity to review the hand-back and also the the budget. delay in the service review have resulted in the costs for the year being £94k more than the £70k that was set aside for this process.
Queen Elizabeth 41 Savings profiled for Once the service Leisure Centre 2014/15 have not been review is complete Salaries achieved due to the delay there will be the in the service review. opportunity to review the budget.
Wimborne & District 20 Additional support agreed No effect on 2015/16 Community by Resources Committee budgets. Association 24.9.14 (although not yet actually paid).
Countryside 18 Savings profiled for Once the service Management 2014/15 have not been review is complete Salaries achieved due to the delay there will be the in the service review. opportunity to review the budget.
Moors Valley (51) Income is increased for These budgets were Country Park catering, railway and increased by £37k for Income cycling activities. 2015/16.
47 Item Outturn Notes Impact 2015/16 Variance £k
Moors Valley (51) This is the net increase These budgets were Country Park after deducting the increased by £8k for Carparking Income Forestry Commission’s 2015/16. share. The income generated has been helped by the mild winter.
Tourism Savings (20) Savings have been Budgets are achieved against printing, unchanged for distribution and advertising 2015/16. budgets.
Arts & Culture (8) Savings have been made Budgets are Supplies & Services against arts projects and unchanged for printing budgets. 2015/16.
Total 156
48 Appendix 7
Legal & Democratic Variances
Item Outturn Notes Impact 2015/16 Variance £k Partnership Costs (25) A combination of Staff budgets for reduced salaries and Legal and Committee supplies & services services were costs for Committee, increased in 2015/16 Legal and Elections to reflect agreed partnership services has establishment levels. resulted in these savings.
Electoral (18) On-line electronic The 2015/16 budget Registration Costs registration, which remains unchanged. attracted funding, has resulted in savings against this budget. Member Costs (17) Savings have been These budgets were achieved against reduced by £14k for printing, travel and 2015/16. Member allowances budgets.
Total (60)
49 Appendix 8
Organisational Development Variances
Item Outturn Notes Impact 2015/16 Variance £k Telephone Expenses 13 Increased costs relating 2015/16 budgets will to internet expenses, be monitored as they mobile phones and reflect forecast forecast savings for savings. telephony not achieved in year.
ICT Costs 10 ICT infrastructure costs These variances are have been more than largely reflected in forecast, partly offset by the 2015/16 budgets. reductions in some software licence costs.
Corporate Team and (66) Salary costs are The changes to the Secretariat Costs reduced due to vacant Corporate Team are posts and new working reflected in the arrangements for some 2015/16 budgets. Heads of Service.
Business (22) Salary costs are No effect on 2015/16 Improvement reduced mainly due to budgets. Partnership Costs vacant posts during the year.
Concessionary (14) The cost of The budgets for Travel concessionary travel 2015/16 were and taxi tokens is lower reduced by £3k. than budgeted for.
Postage (14) Postage costs are £14k Budget reduced by less than budgeted for. £88k next year due to the revenues and benefits service moving to Poole.
Consultation Budget (11) This budget was not The budget was spent in 2014/15. removed for 2015/16.
Total (104)
50 Appendix 9
Other Variances
Item Outturn Notes Impact 2015/16 Variance £k Staff Vacancy Factor 50 A staff vacancy factor None. saving of £50k is built into the budgets. This must be offset against the staff and partnership cost variances reported above.
Car Allowances 15 A car allowance saving None. of £15k is built into the budgets. This must be offset against the partnership cost variances reported above.
Income From (71) Para 3.9 explains the The 2015/16 base Business Rate various amounts that budget has benefited Retention Scheme make up this net significantly from position. increased business rate income (£312k).
Pension Prepayment (12) The cost of the The cost in 2015/16 prepayment is £12k less will be as budgeted. than budgeted for.
Interest Receivable (10) Net interest is £10k Budget unchanged more than forecast. for 2015/16.
Other Net Savings (14) Net movements in outturn across all service areas.
Total (42)
51 Appendix 10
Subjective Analysis Variances
Item Outturn Notes Variance £k
Dorset Waste 186 The Dorset Waste Partnership overspent Partnership in 2014/15, mainly on staff costs and vehicle expenses. This remains a key budget risk for the Council.
Costs Relating To 94 The operation of the Hub was brought Verwood Hub back in house from July 2014. The negotiations surrounding the hand-back and also the delay in the service review have resulted in the costs for the year being £94k more than the £70k that was set aside for this process.
Moors Valley Country 82 This is due to the new assessment by the Park Business Rates Valuation Office of the park’s business rate liability. The park was previously considered exempt from business rates. The assessment was backdated to 2010 and totalled £82k.
Salaries and 36 This is the net overspend across all Partnership service areas relating to salaries and takes Recharges into account the vacancy factor saving of £50k.
Increased Income (358) Income has exceeded the budget for Development Control, Land Charges, Carparking and Moors Valley Country Park.
Housing Service (121) Significant savings were generated by the Savings Housing Service due to reduced numbers of homeless people, reduced use of temporary accommodation and increased use of Discretionary Housing Payments (DHP) for rent in advance and rent deposits.
Business Rate (71) Para 3.9 explains how this figure is Retention Scheme calculated. Income
Reduced Cost Of (50) The cost to the General Fund was lower Housing Benefits than anticipated. The Council awarded
52 £17.5m in housing benefit in 2014/15, most of which is funded through government subsidy payments.
Other Net Variances 10 Net under and overspends across all In Supplies & service areas Services
Total (192)
53 Appendix 11
Capital Outturn 2014/15
Scheme Approved Budget Spend C/Fwd Remaining Budget 2014/15 2014/15 2014/15 Budget £000 £000 £000 £000 £000
By The Way SANG 0.1 0.1 (0.2) (0.1) 0 Poor Common Woodland Mgmnt 8.8 5.1 (1.1) 4.0 7.7 MVCP Purchase Of Land 15.0 0 0 0 15.0 Environmental Initiatives 2.1 2.1 (0.6) 1.5 1.5 EDDC Play Facilities 45.0 45.0 0 45.0 45.0 Riverside Wimborne (S106) 83.1 78.1 (108.0) (29.9) 0 Grounds Maintenance 354.0 354.0 (41.0) 313.0 313.0 Hopscotch Nursery 50.0 50.0 (59.9) (9.9) 0 Colehill Community Centre 20.0 20.0 (20.0) 0 0 Office Alterations 39.9 0 0 0 39.9 Asset Maint – Property 605.0 64.0 (50.5) 13.5 554.5 Asset Maint - Engineers 1,212.3 100.0 (15.3) 84.7 1,197.0 Wimborne Town Centre 87.4 87.4 (0.7) 86.7 86.7 Verwood Hub Health Suite 31.3 31.3 (0.1) 31.2 31.2 Broadmead Rd Drainage 20.0 0 0 0 20.0 Car Park Ticket Machines 109.0 0 0 0 109.0 Parking Equipment 6.5 6.5 (6.5) 0 0 Waitrose Footbridge 197.7 197.7 (5.3) 192.4 192.4 Vehicle Replacements 38.4 27.9 (26.8) 1.1 11.6 Member ICT 25.0 25.0 0 25.0 25.0 Finance System 22.2 22.2 (8.0) 14.2 14.2 PCI Compliance 50.0 50.0 0 50.0 50.0 EDDC Cont To CBC 186.0 50.0 (106.6) (56.6) 79.4 Customer Payment Access 19.0 19.0 0 19.0 19.0 Disabled Facility Grants 232.5 232.5 (27.1) 205.4 205.4 Land Charges ICT System 44.1 44.1 (2.4) 41.7 41.7 Housing Solutions ICT 70.0 57.5 (39.6) 17.9 30.4 Affordable Housing 430.0 250.0 (5.0) 245.0 425.0 Superfast Broadband 330.5 70.2 (16.3) 53.9 314.2 QELC Equipment Purchase 55.0 55.0 (52.0) 3.0 3.0 MVCP Clubhouse Refurb 50.0 0 0 0 50.0 Potterne Park Toilet 35.0 0 0 0 35.0
Total Current Programme 4,474.9 1,944.7 (593.0) 1,351.7 3,916.8
54 CAPITAL PROGRAMME FUNDING
£000
Capital Programme Approved 11 February 2015 4,474.9 Less Programme Spent 2014/15 (593.0) Add Scheme Variations: Riverside Wimborne (Fully Funded) 24.9 Hopscotch (Fully Funded) 9.9 By The Way 0.1 Capital Programme Remaining As At 31 March 2015 3,916.8
Capital Resources 1 April 2014 4,877.2 Add Capital Receipts Received 2014/15: Wimborne Town Council 11.0 Fryers Copse 1.5 DCC Contribution Hopscotch 9.9 Riverside Wimborne S106 163.9 Miscellaneous 0.3 Less Capital Programme 2014/15 (593.0) Capital Resources As At 31 March 2015 4,470.8
Less Remaining Capital Programme 2015 - 2020 (3,916.8)
Estimated Unallocated Capital Resources 31 March 2015 554.0
55 Appendix 12
Analysis Of Reserves As At 31 March 2015
Reserve Balance 31 Comment March 2015 £000
Repair & Renewal 548 Funds earmarked for equipment Reserves renewals and building repairs.
Grants & Loans Reserves 195 The majority of this is earmarked for rent in advance and rent deposit for the Housing service (£160k).
Insurance Reserves 327 For funding uninsured losses, insurance excess and risk management.
Grants & Contributions 2,872 Earmarked for specific purposes and Reserves From 3rd Parties funded from 3rd party contributions. For example Verwood Local Plan (£1,026k), Transport Contributions (£601k) and Heathland Contributions (£334k).
Specific Revenue 1,709 Funds set aside by the Council to Reserves fund corporate priorities or address specific risks. Included here is the Growth Fund (£401k), Transformation Funds (£216k), Change Fund (£185k).
Unallocated Revenue 1,491 Council funds currently unallocated Reserves and available to fund corporate priorities.
Capital Reserves 4,471 Earmarked to fund the capital programme. Currently £554k unallocated.
General Fund Balance 948 Funds set aside to fund unforeseen expenditure or reductions in income. Amount required calculated annually as part of the budget process.
Total Reserves 12,561
56 Appendix 13
Analysis Of Change Fund As At 31 March 2015
Project Budget Spend To Date Budget Remaining £k £k £k Procurement System 3 (3) 0 Stour Valley Partnership 82 (82) 0 Joint Housing Service 120 (120) 0 Personnel Support 95 (95) 0 Transitional Costs 1,198 (1,122) 76 Intranet Project 35 (16) 19 Lean Systems 4 (4) 0 Lean Systems SVP 21 (21) 0 Miscellaneous 14 (14) 0 Office Moves 61 (19) 42 Staff Development 5 (5) 0 Finance Consultancy 4 (1) 3 ICT Systems Harmonisation 9 (5) 4 Cash Receipting System 22 (22) 0 Housing Service Review 5 (2) 3 GIS Project 5 (5) 0 Equalities Training 4 (2) 2 Licencing System 13 (8) 5 Legal Software 7 (7) 0 Peer Challenge 3 (3) 0 Telephony End user Device 13 0 13 Modern Gov CMS 10 (10) 0 Information Management Software 12 (12) 0 ICT Tablets 6 (6) 0 Voting Kit 2 (2) 0 Dorset For You Recruitment 9 (9) 0 Development Management 80 (20) 60 Total 1,842 (1,615) 227
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58 Agenda Item 7
CABINET 24 June 2015
Title: Development Management Charter
1. PURPOSE AND RECOMMENDATIONS
Purpose of Report: To update members and seek comments on the Development Management Charter Recommendations: It is RECOMMENDED that: the comments of Scrutiny and Policy Development Committee held on 9 June 2015 be considered and the Development Management Charter be adopted accordingly. (The view/comments of the Scrutiny and Policy Development Committee are detailed in Section 4 to this report.) Portfolio holder: Cllr M Dyer (Portfolio Holder for Environment) Wards: Council Wide Contact Officer: Giles Moir, Development Management Manager
2. BACKGROUND
2.1 At the January meeting of the Community Committee Members of the Committee considered a report which recommended;
i) Members approve the adoption of the Development Management Charter (DMC) consisting of the documents listed in section 3. ii) Members approve the principle of a Development Management Forum and that this be reported to the Ethical Governance Committee for implementation, and iii) To agree that Officers can make operational changes to the Development Management Charter.
2.2 The decision of the Community Committee was that the item be deferred for consideration by the Scrutiny and Policy Development Committee.
59 3. Development Management Charter
3.1 Appendix 1 is the report that was considered at the January meeting of the Council’s Community Committee. This set out in detail the content to the (DMC) and includes the details of the component parts of the charter.
3.2 Table 1 (below) is an update to the originally planned implementation of the DMC.
Table 1 Charter Publicity and Communication Implementation Document actions Development The Statement of intent requires 1st May 2015 Management minimal publicity as its function Statement of serves to introduce and set the Intent context for the charter. It can be is as an introductory document.
Design Review Membership of the Panel will need to 1st September Panel be established and agreed changes 2015 to Christchurch and East Dorset approach to design review communicated. Enforcement The Enforcement Charter requires a 1st June 2015 Charter period of communication with regard to channel shift for submission of enquires and the detail of information required. Land and A period of communication and 1st September Property publication is required to advertise 2015 the adoption of fees Planning A period of communication and 1st September Pre-application publication is required to advertise 2015 service the adoption of fees and change in approach to informal advice Planning This needs to tie in with the 1st September Permitted implementation of the pre-application 2015 Development service. Planning This needs to tie in with the 1st September Development implementation of the pre-application 2015 Management service and be approved by the Forum Ethnical Governance Committee. Planning The approach to Planning 1st May 2015 Planning Performance Agreements requires Performance minimal publicity as it reflects national Agreement guidance.
60 Planning Duty The change to Duty Officer service 1st September Officer Service needs to be widely communicated 2015 and advertised and implemented in conjunction with the Development Management Procedure Efficiency and IT Procurement Planning The approach to Planning 1st May 2015 Extension of Performance Agreements requires determination minimal publicity as it reflects national dates guidance.
4. FEEDBACK OF THE SCRUTINY AND POLICY DEVELOPMENT COMMITTEE 4.1. The Scrutiny and Policy Development Committee considered this report at its meeting on 9 June 2015. The Cabinet’s attention is drawn to the comments of the Committee as follows:- 4.2. That Members of the Scrutiny and Policy Development Committee have concerns regarding the implementation of charging for planning advice to house holders and that the matter should be reviewed in 12 months.
5. IMPLICATIONS
Corporate Plan & Council Objectives EC1, Create conditions for existing and new business to thrive. ENV2, Manage the conflicts between developing the built environment and protecting the natural environment. H1, Enable provision of housing appropriate to meet all needs H2, Promote sustainable housing development. PER1 Maximise Partnership activities which maintain services and increase efficiency PER2 Ensure Council resources are used efficiently and effectively PER2 Promote a positive reputation with residents, customer and business.
Legal 5.1. Member engagement in the Development Management Forum will need to be approved by the Ethical Governance Committee.
Environmental 5.2. None arising
Financial and Risk 5.3. If a Charter is not adopted which sets out the service capacities and aims for Development Management there is the potential for reputational risk. A risk also exists that the capacity of the Development Management service will not be able to deliver what is expected of it rather than what is needed.
61 5.4. The Charter has the potential to generate revenue for non-statutory functions as set out in this report.
Equalities 5.5. None arising
6. CONCLUSION
5.1 The DMC sets out the service and service standards that will be provided to stakeholders using the Development Management function of Christchurch and East Dorset Councils. The adoption of the DMC will allow for the effective and efficient management of resources.
6.2. The principle which underlines the DMC is to front load the planning application process providing a structured approach to engagement with stakeholders before the submission of a formal planning application. This approach will help to increase the quality of application submission and provide an efficient determination process within the statutory time periods. The DMC seeks to deliver a consistent quality of service that is resilient.
Appendices: Appendix 1 - Report to 27th January Community Committee Appendix 2 – appendices to 27th January Community Committee
Background Papers: None
62 COMMUNITY COMMITTEE 27 January 2015
Title: Development Management Charter
1. PURPOSE AND RECOMMENDATIONS
Purpose of Report: To seek Member approval for the adoption of the Partnership Development Management Charter. Recommendations: It is RECOMMENDED that: (a) Members approve the adoption of the Development Management Charter consisting of the documents listed in section 3. (b) Members approve the principle of a Development Management Forum and that this be reported to the Ethical Governance Committee for implementation. (c) To agree that Officers can make operational changes to the Development Management Charter. Lead Member: Cllr M Dyer Wards: Council-wide Contact Officer: Giles Moir, Development Management Manager
2. BACKGROUND 2.1. The Development Management function for both Christchurch and East Dorset Councils is provided by the Christchurch and East Dorset Partnership Development Management (DM) team. 2.2. The DM team started from a position of having two sets of working practices and two I.T. systems. Following the creation of the Partnership DM team internal working practices have been revisited and a number of new operational procedures adopted. The proposed Development Management Charter as set out in this report will be the most significant of these procedures. 2.3. The Development Management Procedure Efficiency and IT Procurement (PEI) project is progressing alongside the drafting and implementation of the development Management Charter. Both pieces of work complement each other and are intrinsically linked. Currently there are two IT systems in use, with two sets of back office procedures, which limits the flexibility of staff within Development Management. The established office procedures contain elements of inefficiency which need to be addressed both through process re- engineering and through the specification of a new IT system to deliver the aims of the Partnership Development Management Charter. 2.4. Member guidance and input has been sought on the drafting of the DMC from the Chairmen and Vice Chairmen of both East Dorset’s Planning Committee and Christchurch’s Planning Control Committee. Member guidance on the form and content of the DMC has also come from the Leaders of the Councils and the Portfolio holders for the Environment at both Christchurch and East
63 Dorset Council. The original form of the charter has been changed and updates made following the feedback and guidance of Members.
3. Development Management Charter 3.1. The Development Management Charter (DMC) consists of a number of separate documents and guides which establish the type and level of service provide by DM. The DMC reflects the various roles and responsibilities undertaken by DM. The DMC consists of; (a) Development Management Statement of Intent (appendix 1) (b) Design Review Panel (appendix 2) (c) DMC, Enforcement (appendix 3) (d) DMC, Land and Property (appendix 4) (e) DMC, Planning (appendix 5) (f) DMC, Trees and Landscape (appendix 6) 3.2. The DMC Planning Charter consists of a number of ‘Guidance Notes’ and ‘Practice and Procedural Notes’. The Guidance Notes form part of the appendices the Practice and Procedural Notes, being operational documents showing internal flow charts, are not included. The Practice and Procedural Notes show the processes for the implementation of national legislation and do not seek to introduce new service standards. Appendix 7 shows an overview of the DMC. Appendix 8 details the component parts of the Planning DMC and the Tree and Landscape DMC. 3.3. The DMC sets out the service that will be provided to stakeholders and provides for managing officers time to be effective and efficient providing a service within resources and capacities. The DMC seeks to front load the planning application process providing a structured approach to engagement with stakeholders before the submission of a formal planning application. This approach will help to increase the quality of application submission and provide an efficient determination process within the statutory time periods. The DMC seeks to deliver a consistent quality of service that is resilient.
4. Development Management Charter context 4.1. This report does not set out to replicate the content of the component parts of the DMC. Provided below is the context relating to the key documents of the charter. 4.2. The DMC introduces charges for some areas of non-statutory services which Development Management provide. These are principally (i) pre-application advice for proposed developments and (ii) street naming and numbering confirmations and re-addresses. The legislation which empowers Local Planning Authorities to charge for pre-application advice and other discretionary services is made up of the Local Government Act 2003; Section 93 and the Planning and Compulsory Purchase Act 2004. The legislation identifies that charging systems have to be prepared to meet the statutory requirement that, from one financial year to another, income from charges does not exceed the cost of the providing the service. The evidence which supports the suggested charging schedules for items (i) and (ii) are set out below under the relevant section heading.
64 Design Review Panel (DRP) 4.3. The DRP has been drafted after consideration of best practice which exists for the running and adoption of DRP’s by Councils. This has included initial work with the group of Dorset Local Planning Authorities. National guidance on the establishment and running of DRP’s is provided by professional bodies, such as the RTPI and the RIBA, and organisations such as the Design Council/ CABE. This guidance has provided a useful and important reference to the drafting of the proposed DRP for the Christchurch and East Dorset Partnership. 4.4. Following the initial drafting of the DRP members of both the existing Christchurch and East Dorset Architects Panels were consulted on the proposed DRP. Of the 19 existing Panel members that were consulted 6 responses were received. A summary of these responses is attached as appendix 9. 4.5. It is recognised and appreciated by both Christchurch and East Dorset Councils that both of the current Architect Panels provide a valued input into the development process and any new Panel would seek to build on this. 4.6. The DRP proposal has evolved since its initial drafting to reflect and accommodate, where possible, the comments received from existing Panel Members. However the principle of adopting a Design Review Panel as opposed to retaining to separate Architects Panels, which the Councils are required to resource and manage through Officer time, is established in national guidance. 4.7. The National Planning Policy Framework (NPPF) identifies that planning should; “always seek to secure high quality and a good standard of amenity for all existing and future occupants of land and buildings”. 4.8. It is made clear in the NPPF that good design is a key aspect of sustainable development, indivisible from good planning, and should contribute positively to making places better for people. The NPPF goes onto identify that Local Planning Authorities, in determining applications, should give great weight to outstanding or innovative designs that help to raise the standard of design more generally in the area. Equally, they should refuse planning permission for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions. 4.9. To help in delivering good design the NPPF sets out that local authorities are expected to carry out Design Review. “Local planning authorities should have local design review arrangements in place to provide assessment and support to ensure high standards of design” 4.10. The document “Design Review - Principles and Practice” (The Design Council 2013) sets out who benefits from Design Review. Design Review is a recognised tool which enables local planning authorities to ensure that developers and design teams produce high-quality, inspiring buildings and outstanding and innovative design. Design Review also supports Local Authorities in resisting poor design and provides a proactive mechanism of understanding where improvements need to be made.
65 4.11. The review process also helps developers by reducing the risks and costs of delays in the planning process that can result from poor design. Design review can identify to opportunities for design changes that can raise the overall quality of the proposal. DMC – Enforcement 4.12. The DMC for Enforcement will act as the Enforcement Plan for both Christchurch and East Dorset Local Planning Authorities. The DMC Enforcement sets out the priorities for enforcement, the timescales for investigating alleged breaches and introduces the Councils mechanism for considering if it is appropriate, through an expediency test, to take formal enforcement action. 4.13. Should the Councils receive a complaint, relating to planning enforcement, which is progressed to an investigation by the Local Government Ombudsman the DMC Enforcement will be used by the Ombudsman as the context to how the Councils approach and investigate breaches of planning control. DMC – Land and Property 4.14. The DMC for Land and Property establishes the procedures for the Christchurch and East Dorset Partnership approach to the statutory function of street naming and numbering. 4.15. The DMC Land and Property introduces a charging schedule for the non- statutory functions that the Development Management service undertakes in relation to street naming and numbering. 4.16. Appendix B of the Land and Property Charter sets out the proposed charging schedule for non-statutory functions which the Land and Property Team provide. These are; Adding a name or renaming existing properties Alterations in either name or numbers to new developments after initial naming and numbering has been undertaken Address confirmations 4.17. Appendix 10 of this report sets out the cost to the Council of providing each of the three services listed above. This is based on Officer time for undertaking the individual action and the appropriate allocation of overall Development Management service costs (IT provision etc). 4.18. Based on this charging schedule the projected fee income, per financial year, will be £3,864 for Christchurch Borough Council and £5,612 for East Dorset District Council. DMC – Planning 4.19. The DMC for Planning introduces a number of guidance notes which front load the development management process and provide a focus on early engagement. The DMC for Planning sets out a consistent approach to public consultation on applications. The DMC also sets out how both Councils will deliver a statutory service within the nationally set timeframes and targets together with the mechanisms that are required to meet these targets and deliver an efficient service. The document for DMC-Planning acts, in part, as a signposting guide to the competent parts of the Charter.
66 4.20. As set out in paragraph 3.2 the Practice and Procedural Notes, being operational documents showing internal flow charts, are not included as part of this report. Appendix 7 sets out an overview of the DMC for Planning. Guidance Note – Pre-application Service (appendix 5a) 4.21. This guidance note establishes the approach and service level that Development Management - Planning will adopt with regard to pre-application advice. The Christchurch and East Dorset Partnership actively encourages potential applicants to engage in pre-application discussions. The National Planning Policy Framework (NPPF) is clear in establishing the important role that pre-application discussions play in the Development management process. “Early engagement has significant potential to improve the efficiency and effectiveness of the planning application system for all parties. Good quality pre-application discussion enables better coordination between public and private resources and improved outcomes for the community”. 4.22. When providing responses to pre-application requests Officers will adopt a template approach to ensure consistency of advice with regard to the detail of and the level of advice. The advice provided by Officers will conclude with a recommendation, based on the pre-application submission, as to whether the proposal is acceptable. 4.23. The DMC seeks to introduce, through the Guidance Note – Pre-application Service, a charge for the provision of pre-application advice. The Guidance Note clearly defines where a charge will not apply. This includes in principle advice This is where the principle of development is discussed and is often an initial engagement. In these instances there will not be a detailed discussion on matters such as design. The majority of in principle discussions will focus on major developments. Advice relating to Listed Buildings developments will also not attract a fee. This reflects the national approach to planning application fees where there are no application fees for Listed Buildings. 4.24. The Guidance Note sets out the mechanism for refunding of pre-application fees should Officers not be able to respond within the service level timeframes. 4.25. Appendix 11 of this report sets out the cost to the Council of providing each of the categories of pre-application advice. This is based on Officer time for undertaking the individual action and the appropriate allocation of overall Development Management service costs (IT provision etc). 4.26. Based on this charging schedule the projected fee income, per financial year, will be £17,068 for Christchurch Borough Council and £31,422 for East Dorset District Council. The breakdown of this estimate is set out in appendix 12. Guidance Note – Permitted Development (appendix 5b) 4.27. Development Management Officers currently provide bespoke responses to enquiries as to whether a proposed extension to a residential property or a change of use of premises requires planning permission. These are often referred to as ‘permitted development enquiries’ and is a non-statutory function. The current approach to these enquires, although issued by the Council, are not formal responses and represent guidance. It is proposed that an alternative approach to ‘permitted development enquiries’ be adopted which
67 signposts stakeholders to the formal certificate of lawfulness. This will provide more certainty for stakeholders when receiving responses from the Councils. There is a fee for a certificate of lawfulness, this is set nationally. Adopting this approach will allow the Development Management service to be more efficient and effective focusing resources on those proposals which are likely to be developed and realised. 4.28. The Guidance Note – Permitted Development provides details of information sources should stakeholders wish to review their proposal themselves and establish whether planning permission is required without the need for submitting a final application for a certificate. Guidance Note – Development Management Forum (appendix 5c) 4.29. The forum is the suggested approach for Christchurch and East Dorset Council to provide a pre-application service, with Member engagement, for sites of a major strategic importance and those which will represent a major contribution to delivery of the Core Strategy. 4.30. It is proposed that the forum will act as both Christchurch Borough Council and East Dorset Districts Councils protocol for Member involvement in pre- application discussions. 4.31. The forum will include a meeting, held in public, open for all elected members to attend where the developer will present their scheme and answer questions and respond to issues raised. This is part of the wider pre-application service provided by Christchurch and East Dorset Councils. No decisions will be made at the meeting. Only development proposals that have not been formally submitted as a planning application will be put before the forum. 4.32. Member engagement in pre-application discussions is not intended to bring forward final views on the proposal. However, Members may be in a position to give a preliminary view on a proposal and ask questions. Member should not express a view which may pre-determine their position in the event that they will be a member of the planning committee determining the application. Guidance Note – Planning Performance Agreements (appendix 5d) 4.33. A Planning Performance Agreement (PPA) is a mechanism which can be entered into in advance of a planning application being submitted. They are run as a project management framework in which applicants can meet with the planning service and other interested parties to agree how a scheme will be progressed through the pre-application process and the subsequent formal planning process once submitted. 4.34. When entering into a PPA the Local Planning Authority and applicant will agree a timeframe for scoping out and developing the scheme. The fundamental principal of PPAs is the front loading of activity - prior to submission – to ensure that applications are of a high quality both in terms of the material submitted and the content of the proposal. 4.35. The level of resources required for an individual PPA will be dependent on the complexities of the scheme. For large complex schemes there is inevitably a very substantial resource implication. There will be a charge for this service and this will be negotiated with you prior to the commencement of the work on the project.
68 Guidance Note - Duty Officer Service (appendix 5e) 4.36. It is proposed that the Duty Officer Service, provided at both the Civic Offices and Furzehill, is refined. Currently professional Officers provide a service, mornings only, at both the Civic Offices and Furzehill where a member of the public can visit the office and speak to an Officer about any planning matter. This current approach with unscheduled visits does not allow for comprehensive and detailed advice to be provided to members of the public as there is no time to prepare. 4.37. The proposed approach to the Duty Officer service, as set out in the guidance note, will allow for Officers to research the query in advance of the meeting. Having a structured Duty Officer service will also mean that there is no crossover into other areas of the DMC i.e. pre-application advice is provided for free at a Duty enquiry. 4.38. The revised approach to a Duty Officer service is to be complemented by the establishment of information, through the Development Management Procedure Efficiency and IT Procurement (PEI) project (para. 2.3), being available on-line and at terminals within the Councils. This channel shift will provide for a more efficient service to be provided. Guidance Note - Extension of determination dates (appendix 5f) 4.39. Article 29 of The town and Country Planning (Development Management Procedure) (England) Order 2010 sets out the requirement for councils to give the applicant notice of their determination of a valid application within a specified period – being either the statutory time limit or "such extended period as may be agreed in writing between the applicant and the local planning authority" provided the applicant has not already given notice of an appeal to the secretary of state). 4.40. Agreements to extend the time for determination can be made for both major development applications and other applications that would normally be determined within 8 weeks. 4.41. Both Christchurch and East Dorset will seek to agree extensions of time in the interest of delivering sustainable development where it has not been possible, despite the best endeavors of all parties, to determine an application within the prescribed target. It is likely that the Council will request an extension of 8 weeks to ensure that consultation can take place and if needed an application can be scheduled for Committee. 4.42. This approach will allow for the Councils to manage their target and workflow in relation to NPI’s but also not constrain the application process and refuse schemes where it maybe possible to realise well planned sustainable development.
DMC -Trees and Landscape
4.43. The DMC – Trees and Landscape sets out the purpose of the team and acknowledges that East Dorset and Christchurch contain nationally and locally important landscapes. The Tree and Landscape team will manage these landscapes in the context of enabling sustainable development. The DMC – Trees and Landscape sets that trees make a significant contribution to the built
69 environment. The Tree and Landscape Team will look to conserve these trees, where appropriate, by the use and management of Tree Preservation Orders. 4.44. The DMC - Tree and Landscape contain 4 guidance notes these are, applications for tree work (appendix 6a), arboriculture and landscape (appendix 6b), conservation areas and making a TPO (appendix 6c) and high hedges (appendix 6d). Adoption and implementation of the DMC 4.45. It is proposed that the DMC is implemented on a phased approach following a period of active publication and communication. The communication will engage with relevant stakeholder groups (agents, developers, Parish Councils and members of the public) to explain the changes to the service being delivered and the overall aim of the DMC. By targeting the various stakeholder groups it will be possible to highlight the aims and practices of the charter which are most relevant to them. 4.46. The active publication and communication will include stakeholder meetings to include Agent and the Parish Councils. It is proposed that the DMC will be featured in Council publications including the East Dorset News and The Christchurch Courier with an explanatory guide. The DMC will also be published on www.dorsetforyou.com and copies made available, with explanatory text, at both the Council Offices and Furzehill. 4.47. Set out below, in table 1, is the proposed phased approach for implementation of the DMC. Table 1 Charter Publicity and Communication Implementation Document actions Development The Statement of intent requires 1st February 2015 Management minimal publicity as its function Statement of serves to introduce and set the Intent context for the charter. It can be is as an introductory document.
Design Review Membership of the Panel will need to 1st April 2015 Panel be established and agreed changes to Christchurch and East Dorset approach to design review communicated. Enforcement The Enforcement Charter requires a 1st March 2015 Charter period of communication with regard to channel shift for submission of enquires and the detail of information required. Land and A period of communication and 1st April 2015 Property publication is required to advertise the adoption of fees Planning A period of communication and 1st April 2015 Pre-application publication is required to advertise
70 service the adoption of fees and change in approach to informal advice Planning This needs to tie in with the 1st April 2015 Permitted implementation of the pre-application Development service. Planning This needs to tie in with the 1st April 2015 Development implementation of the pre-application Management service and be approved by the Forum Ethnical Governance Committee. Planning The approach to Planning 1st February 2015 Planning Performance Agreements requires Performance minimal publicity as it reflects national Agreement guidance. Planning Duty The change to Duty Officer service 1st July 2015 Officer Service needs to be widely communicated and advertised and implemented in conjunction with the Development Management Procedure Efficiency and IT Procurement Planning The approach to Planning 1st February 2015 Extension of Performance Agreements requires determination minimal publicity as it reflects national dates guidance. 4.48. The adoption of the DMC will be carried out in conjunction with a training programme for all of the Development Management Team. This training will ensure a consistent approach to the implement of the DMC. The DMC builds upon the culture within Development Management of being a primary catalyst and delivery mechanism of sustainable economic growth. This includes providing consistent and accurate professional advice to all stakeholders. The establishment and confirmation of service standards will set out the timescales in which customers can expect various actions to be completed.
5. IMPLICATIONS
6. Corporate Plan & Council Objectives EC1, Create conditions for existing and new business to thrive. ENV2, Manage the conflicts between developing the built environment and protecting the natural environment. H1, Enable provision of housing appropriate to meet all needs H2, Promote sustainable housing development. PER1 Maximise Partnership activities which maintain services and increase efficiency PER2 Ensure Council resources are used efficiently and effectively PER2 Promote a positive reputation with residents, customer and business.
71 Legal 6.1. Member engagement in the Development Management Forum will need to be approved by the Ethical Governance Committee.
Environmental 6.2. None arising
Financial and Risk 6.3. If a Charter is not adopted which sets out the service capacities and aims for Development Management there is the potential for reputational risk. A risk also exists that the capacity of the Development Management service will not be able to deliver what is expected of it rather than what is needed. 6.4. The Charter has the potential to generate revenue for non-statutory functions as set out in this report.
Equalities 6.5. None arising
7. CONCLUSION 7.1. The DMC sets out the service and service standards that will be provided to stakeholders using the Development Management function of Christchurch and East Dorset Councils. The adoption of the DMC will allow for the effective and efficient management of resources. 7.2. The principle which underlines the DMC is to front load the planning application process providing a structured approach to engagement with stakeholders before the submission of a formal planning application. This approach will help to increase the quality of application submission and provide an efficient determination process within the statutory time periods. The DMC seeks to deliver a consistent quality of service that is resilient.
Appendices: Appendix 1: Development Management Statement of Intent Appendix 2: Design Review Panel Appendix 3: DMC, Enforcement Appendix 4: DMC, Land and Property Appendix 5: DMC, Planning Guidance Note – Pre-application Service (appendix 5a) Guidance Note – Permitted Development (appendix 5b) Guidance Note – Development Management Forum (appendix 5c) Guidance Note – Planning Performance Agreements (appendix 5d) Guidance Note - Duty Officer Service (appendix 5e) Guidance Note - Extension of determination dates (appendix 5f) Appendix 6: DMC, Trees and Landscape Guidance Note - applications for tree work (appendix 6a), Guidance Note - arboriculture and landscape (appendix 6b), Guidance Note - conservation areas and making a TPO (appendix 6c)
72 Guidance Note - high hedges (appendix 6d).
Appendix 7: DMC, Overview Appendix 8: Component parts of DMC Planning and Trees and Landscape charter document(s) Appendix 9: Summary of responses from AP Members Appendix 10: Land and Property costs Appendix 11: Pre-application costs Appendix 12: Projected fee income breakdown
Background Papers: Published Works
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74 Appendix 1 Development Management - Statement of intent
The Christchurch and East Dorset Partnership is committed to providing a Development Management Service which is efficient and effective for all existing and potential users of the service within available resources. The aims of the Corporate Plan support this commitment.
The Partnership has adopted a number of Charters, listed below, each Charter sets out the standard of service a stakeholder can expect to receive when using the Partnerships Development Management service
Services provided
The Development Management Service determines applications for planning permission, listed building consent, conservation area consent, advertisement consent, works to protected trees and the making of tree preservation orders together with other planning processes.
The service also deals with planning enforcement investigations and, where necessary, takes action against breaches of planning control.
The Development Management service provides the Councils Local Land Charges and street naming and Numbering function
Officers provide advice, information and guidance on the above services as set out in the charters.
Development Management Charters
Enforcement Land and Property Planning (Guidance Notes: Pre-application service, Permitted Development, Project team for Major applications, Planning Performance Agreement, Duty Officer Service) Trees and Landscape
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Appendix 2 Christchurch and East Dorset Design Review Panel
Purpose and need for a Design Review Panel
The National Planning Policy Framework (NPPF) identifies that planning should;
“always seek to secure high quality and a good standard of amenity for all existing and future occupants of land and buildings”.
It is made clear in the NPPF that good design is a key aspect of sustainable development, indivisible from good planning, and should contribute positively to making places better for people. The NPPF goes onto identify that Local Planning Authorities, in determining applications, should give great weight to outstanding or innovative designs that help to raise the standard of design more generally in the area. Equally, they should refuse planning permission for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.
To help in delivering good design the NPPF sets out that local authorities are expected to carry out Design Review.
“Local planning authorities should have local design review arrangements in place to provide assessment and support to ensure high standards of design”
The document “Design Review - Principles and Practice” (The Design Council 2013) sets out who benefits from Design Review. Design Review is a recognised tool which enables local planning authorities to ensure that developers and design teams produce high-quality, inspiring buildings and outstanding and innovative design. Design Review also supports Local Authorities in resisting poor design and provides a proactive mechanism of understanding where improvements need to be made.
The review process also helps developers by reducing the risks and costs of delays in the planning process that can result from poor design. Design review can identify to opportunities for design changes that can raise the overall quality of the proposal.
Mission statement
“The aim of the Panel is to help the Partnership promote and encourage a high quality of design for new development proposed within Christchurch and East Dorset”.
www.dorsetforyou.com @cb_edd_councils
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Operation of the Panel
Panel Membership
It is important the Design Review Panel (DRP) is made up of professionals from multidisciplinary backgrounds. This will ensure a rounded and ‘big picture’ assessment. Panel Membership will be invited from the following professional disciplines to form a Membership pool.
Master planning Architecture Landscape architecture Heritage and conservation Urban design Sustainability
Invites will be sent, from the Christchurch and East Dorset Partnership (CED Partnership) to the appropriate regional body for each professional discipline requesting expressions of interest to be part of the DRP membership pool.
Potential panel members will be requested to submit a CV and a short letter (of no more than 250 words) to the CED Partnership setting out why they would like to be on the panel and what they would bring to it. The selection process, carried out by the Local Authority, will ensure that a good a mix of skills and backgrounds is achieved.
Of the membership pool 6 members will be requested to be executive members. The purpose of executive Members is to provide the role of a Chairman at DRP meetings and as an interface between the DRP and the Local Authority.
If selected to be a Member of the DRP Members will be required to sign the code of conduct these are drawn from the best practice recommendations of the Nolan Report (7 principles of public life).
Attendance at DRP meetings
Once a pool of panel members has been established invites will be sent out for each meeting of the DRP to the membership pool. The invites for each meeting will be based on the type and location of development(s) due to be considered by the DRP. The CED Partnership (at the discretion of the Development Management Manager or Team Leader) will invite selected Panel members to each DRP meeting.
Each DRP shall consist of between 4 – 10 Members. The chair will be selected, on a rota basis, from the executive Panel Members attending the DRP meeting.
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Members receiving an invite will be required to respond within 3 working days to allow for substitutes to be arranged, if needed, so that a quorum of members if achieved.
Only invited Panel Members, CED Officers and the Design Champion may attend DRP meetings.
Developers/ agents and their design teams will attend for thier specific item.
Schemes to be considered by the DRP
Officers of the CED Partnership, through the Development Management Management Team meetings, will select schemes to form the agenda of the DRP. The agenda will be circulated no less than 10 working days in advance of the proposed DRP meeting. Schemes will be drawn primarily, but not exclusively, from developments which are in the pre-application phase. It is considered that the DRP will have more a successful input and influence to schemes that are within the pre-application phase as changes can be more readily incorporated into final submission drawings.
Schemes for inclusion on the DRP agenda will be those of any scale, but those which are considered to be particularly sensitive, contentious, complex, unusual or innovative.
Frequency and location of meetings
The DRP will sit on a reactive basis. The scheduling of meetings will reflect the workflow of the CED Development Management Service. The meetings will be located at the Civic Offices, Christchurch, or the Council Offices, Furzehill. The location of the DRP will reflect the geographic location of the schemes of the agenda and will be clearly identified when invites are sent out for the DRP meeting.
Meeting format
The format of each DRP will be an introduction by the chairman for that meeting and then for each agenda item;
confirmation of DRP Chair for the meeting planning context from the CED partnership (up to 5 mins) presentation by developer/ applicant/ agent and associated design team. This will be either ‘PowerPoint or display stands’. (up to 20 mins) If the developer/ applicant/ agent does not wish to present the scheme Officers of CED will present to the DRP. DRP questions and comments to developer/ applicant/ agent and associated design team
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closed panel discussion resolution (based on the relevant assessment criteria of architectural quality, character and development form, setting, ease of movement and quality of the public realm and sustainability)
The CED Partnership will provide support to the DRP to take notes of the meeting and a record of the resolution. These will be typed up and sent to the Chairman of the meeting for agreement.
If the proposal being discussed is a pre-application submission the agreed minutes of the DRP will remain confidential. If the proposal is a current application a copy of the agreed minutes will form part of the application file.
In advance of each meeting and following publication on the agenda DRP members will be expected to familiarise themselves with the sites and the context of each site that is on the meeting agenda.
Role of and contact with the Developer/ Applicant/ Agent
The CED Partnership will contact the developer/ applicant/ agent of each scheme and advise them that it has been selected to be on the agenda for the forthcoming panel. The developer/ applicant/ agent will be informed of the format of the DRP, its purpose and will be asked to confirm their attendance and their preferred presentation method.
Two tier approach
For schemes which do not fall within the scope of a panel meeting but in the opinion of the Council would benefit from consideration from the Design Review Panel it is proposed that an online discussion forum, via a website, will be used.
Officers of the CED Partnership, through the Development Management Management Team meetings, will identify schemes to be posted on the forum website. These schemes will be posted to the DRP website for a period of 21 days. Members of the Panel will be notified, by email, that a scheme has been posted to the forum and will be invited to comment on it. The forum will be a restricted forum with each DRP Member having a bespoke password access. Following the expiry of the 21 day period the forum will close and Officers of Christchurch and East Dorset Councils will collate the comments to form a resolution. The collated comments will be form the DRP comments on the scheme and forwarded to the applicant/ agent.
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If the proposal being discussed is a pre-application submission the forum comments of the DRP will remain confidential. If the proposal is a current application a copy of the comments will form part of the application file.
80 Appendix 3 Development Management Charter Enforcement
Introduction
The purpose of this charter is to provide a reference guide identifying how the Enforcement service within Development Management service is delivered.
This charter refers to matter relating to Enforcement. For matters relating to Planning, Tree and Landscaping and Land and Property please refer to the separate charters.
Central government advice, set out largely within the National Planning Policy Framework (NPPF) and the more recent Planning Policy Guidance (PPG), recognise that effective enforcement is important as a means of maintaining public confidence in the planning system. It notes that enforcement action is discretionary, and that local planning authorities should act proportionately in responding to suspected breaches of planning control. It also urges local planning authorities to consider publishing a local enforcement plan to manage enforcement proactively in a way that is appropriate to their area.
This document sets out the context in which the planning enforcement service will operate across Christchurch Borough Council and East Dorset District Council who are working together in partnership. It states how alleged breaches of planning control will be investigated and takes action when it is appropriate to do so.
The aim is to provide a service which is fair, responsive, proportionate and consistent in approach.
The preparation and adoption of a local enforcement plan is important because it;
allows engagement in the process of defining objectives and priorities which are tailed to local circumstances; sets out the priorities for enforcement action, which will fully inform decisions about when to take enforcement action; provided greater transparency and accountability about how the local planning authority will decide if it is expedient to exercise its discretionary powers; provides greater certainty for all parties in the development process.
81 What is a breach of planning control?
A breach of planning control is defined in the Town and Country Act 1990 as: the carrying out of development without the required planning permission; or failing to comply with any condition or limitation to which planning permission has been granted.
It also covers any contravention of the limitations on, or conditions belonging to, permitted development rights, under the Town and Country Planning (General Permitted Development) Order 1995, which constitutes a breach of planning control against which enforcement action may be taken.
In addition to unauthorised development and unauthorised use of land, the enforcement process can also address; compliance with conditions which form part of a planning permission or the terms of legal agreements; the control of advertising compliance with Tree Preservation Orders unauthorised work to listed buildings untidy land
The enforcement process cannot deal with boundary disputes between neighbours property and land ownership issues which are not planning related breaches of covenants between land owners trespass competition between businesses loss of value to property matters that are not defined as ‘development’ under planning legislation and do not require planning permission the Council will not be able to investigate flyposting on Highway signs, street furniture or Highway verges. This is within the control of Dorset County Council.
Following confirmation of a breach of planning control, the decision to take enforcement action, commence a prosecution, or other relevant action, will remain at the discretion of the local planning authority. However, before proceeding with any prosecution, there must first be enough evidence to provide a realistic prospect of conviction.
The Planning Enforcement process
The main objectives of the planning enforcement process are: to remedy the undesirable effects of unauthorised development; to bring unauthorised activity under control to ensure that public confidence in the planning system is not undermined.
Effective enforcement is important as a means of maintaining public confidence in the planning system. Whilst it is not illegal to carry out development without the benefit of planning permission, each Council recognises that public acceptance of the development management process is quickly undermined if unauthorised
82 development, which is unacceptable on its planning merits, is allowed to proceed without any apparent attempt by the local planning authority to intervene before serious harm to amenity results from it.
Local Planning Authorities have discretion to take enforcement action, when they regard it expedient to do so having regard to the Development Plan and any other material considerations which would include the provisions of this Enforcement Plan.
Whether it is ‘expedient’ for the local planning authority to initiate enforcement action to remedy or stop an alleged breach of planning control or, where appropriate, to initiate prosecutions, requires careful assessment of each case. However, the Local Planning Authorities decision to take enforcement action must always be well founded and should act proportionally in responding to suspected breaches of planning control.
If action is justified it will be necessary to assess which power (or mix of powers) is best suited to dealing with any particular breach of planning control to achieve a satisfactory, lasting and cost effective remedy.
These powers and more details of the enforcement process and legislative procedures involved are set out in the Governments Planning Policy Guidance Advice published in March 2014 and can be found via the following link; http://planningguidance.planningportal.gov.uk/blog/guidance/ensuring-effective- enforcement/
When might enforcement action not be appropriate?
Whilst nothing in this policy should be taken as condoning a wilful breach of planning law, central Government advice is that, enforcement action should be proportionate to the breach of planning control and taken when it is expedient to do so. It states that in deciding, in each case, what is the most appropriate way forward, local planning authorities should usually avoid taking formal enforcement action where:
there is a trivial or technical breach of control which causes no material harm or adverse impact on the amenity of the site or the surrounding area; development is acceptable on its planning merits and formal enforcement action would solely be to regularise the development; in their assessment, the local planning authority consider that an application is the appropriate way forward to regularise the situation, for example, where planning conditions need to be imposed.
The above list is examples and is not exhaustive.
Prior to instigating any formal action, the Council will in the first instance (if appropriate in the circumstances) attempt to persuade an owner or occupier of land to voluntarily remedy any harmful effects of unauthorised development or to seek a retrospective planning permission. Under normal circumstances a period of 28 days is given by the enforcement officer to carry out the required action.
However, the local planning authority will not allow negotiations to hamper or delay formal enforcement action that would be required where the development is causing
83 significant harm to the public or interests of acknowledged importance. If initial attempts to secure a voluntary solution are ineffective, this will not deter the Council from instigating whatever formal action may be necessary to make the development acceptable on planning grounds or compel it to stop.
Each Council recognises that careful consideration should be given to the appropriate course of action based on all the known circumstances.
Retrospective planning applications
In assessing the need for enforcement action it should be noted that it is not an offence to carry out development without first obtaining planning permission. Indeed, Section 73A of the Town and Country Planning Act 1990 specifically provides that a grant of planning permission may relate to development already carried out before the date of the application. In circumstances where the local planning authority consider that an application is the appropriate way forward, the owner / occupier of the site will be invited to submit a retrospective application to the Council. If the application is refused, the matter will be reviewed by the Council and appropriate action taken to resolve any breach of planning control.
Human Rights
The provisions of the European Convention on Human Rights are relevant when considering enforcement action. There is a clear public interest in enforcing planning law and planning regulation in a proportionate way. In deciding whether to take enforcement action the local planning authority will, where relevant, have regard to the potential impact on health, housing needs and welfare on those affected by the proposed action, and those who are affected by a breach of planning control.
Time limits for taking enforcement action
A breach of planning control becomes immune from enforcement action if no action has been taken to resolve the breach within the time limits set out in the Act. Essentially these are; Within 4 years if substantial completion of a breach of operational development (such as building and engineering operations); Within 4 years for an unauthorised change of use to a single dwelling house; Within 10 years for any breach of planning control which includes other changes of use and non-compliance with planning conditions.
There are certain circumstances when these time limits do not prevent formal action being taken, such as re-serving a defective notice for the same breach within a further 4 year period (known as the ‘second bite’ provision) and cases where a person has deliberately concealed unauthorised development, and the deception may not come to light until after the normal time limits for taking enforcement action have passed.
Priority of investigations
On receipt of a complaint, it will be prioritised by either the relevant line manager or within the enforcement team and a preliminary investigation has been carried out. As
84 a guide the following categories of investigation have been prioritised as follows (no.1 being the highest priority):
Grade 1 - Priority complaint Unauthorised demolition or partial demolition or alterations to a Listed Building; Demolition of important unlisted buildings within a Conservation Area; Significant unauthorised building works to a scheduled Ancient Monument, or development within, or affecting an area designated as being of special habitat significance or protected species Any irreparable harm being caused by unauthorised work to a tree protected by a Tree Preservation Order
For Grade 1 investigations officers will endeavour to carry out an initial investigation and site visit, if not immediately, as soon as possible within 2 working days.
Grade 2 – Urgent complaint Any unauthorised development or non-compliance with a planning condition or limitation or other planning agreement which is causing immediate, serious, irreparable harm to the locality; Unauthorised development where upon investigation, immunity rules will shortly apply For Grade 2 investigations officers will endeavour to carry out an investigation and site visit within 5 working days.
Grade 3 – Non urgent complaints Unauthorised development within a Conservation Area (not listed above); breaches of planning conditions; changes of use; minor household development and other complaints relating to unauthorised development not falling in any other of the above categories including any offence in relation to the Town and Country Planning (Control of Advertisement) Regulations 1992 (as amended). For Grade 3 investigations officers will endeavour to carry out an investigation and site visit within 15 working days
It should be noted that the priority of a particular complaint may change once an initial investigation has been carried out and more information is available to the local planning authority.
Reporting of complaints
Information on alleged breaches of planning control originate from many sources including officers of the council, elected members, Parish and Town Councils, local residents, traders and other departments of the Council. When information is received, particularly from outside the Council, the confidentially of the informant will be respected as far as possible. On serious breaches of planning control, which warrant prosecution, or which result in an appeal, the complainant may be invited to give a witness statement if their evidence is considered crucial. However, such occasions are rare and involvement in those cases is on a voluntary basis.
Officers receive many requests for enforcement investigations over the telephone, generally into activities at a local property. Depending on the urgency of the
85 complaint (see priory of action above), complainants are encourage to write in preferably using the Enforcement complaint form set out in Appendix A or on the Dorsetforyou website.
This is particularly important when complaints are received from Parish or Town Councils as in many instances the Clerk has no personal knowledge, detailed information or often a precise address and is merely passing on another complaint from a third party. A written complaint often provides more detailed information and a useful contact address to seek additional information and to keep the complainant informed of the investigation.
Anonymous Complaints
Unless the complainant has a reason for not giving their details and this is explained to the Enforcement officer, anonymous complaints will not normally be investigated (depending on the evidence submitted). If the allegation is considered to be of a sufficiently serious nature on the basis of any evidence submitted the matter will be referred to the enforcement line manager or Development Management Manager to consider and assess priority. It should be noted that anonymous complaints rarely result in a satisfactory investigation due to insufficient information and lack of first hand witness statements.
How to report a suspected breach
Information on alleged breaches of planning control originates from many sources, but primarily from members of the public. The Council can be contacted by letter, telephone, e-mail or in person. The contact details for the relevant enforcement officer for each council are provided at the end of this document.
Written complaints are preferred (using the prescribed enforcement complaint form set out in Appendix A) as this is likely to provide the required information and contact details necessary to proceed with the investigation. Complainants are reminded that all investigations are carried out on a strictly confidential basis and their details will not be revealed by the enforcement officer.
The enforcement powers of the local planning authority are limited to those set out in planning legislation. If the activity complained against is covered by other legislation such as Building Regulations or Environmental Health legislation, the complainant will be informed and the complaint forwarded to the appropriate council department.
If you make a complaint to the Council you may need to disclose this as a ‘neighbour dispute’ if you come to sell your property. The Council cannot advise on this matter and you are advised to seek independent advice.
On receipt of an enforcement complaint the Council will:
Acknowledge a complaint by means of a standard acknowledgement letter / card or e-mail within 3 working days of receipt. As soon as possible (in line with the previously described priority categorisations) carry out a site visit of the alleged unauthorised development and determine, what, if any breach of planning control has taken place. This visit will normally take place within 15 working days.
86 Inform the complainant in writing what action, if any can be taken once the site has been inspected. This response may not be immediate as some cases may take a little longer to investigate as they involve the owner/occupier of the property being investigated to provide the Council with detailed information on the alleged breach of planning control to which they will need time to respond. Also, depending on the nature and seriousness of the breach, the matter may have to be referred to the planning committee of the council concerned. However, once a decision is reached the complainant will be informed of that decision within 10 working days. If no action can be taken an explanation will be given.
What will the enforcement investigation involve?
Once the complaint has been logged, the initial investigation usually involves checking the Councils planning records to establish the planning history of the site and any planning constraints. This may establish whether planning permission has been granted for the development, whether it’s permitted development or that the use is constrained by a planning condition. Sometimes it is necessary check the records of outside organisations, such as the DVLC at Swansea, to get a complete picture.
Often a site inspection is necessary to establish whether a breach of planning control has taken place. Enforcement officers will identify themselves when on site and explain the purpose of their visit. The owner / occupier or people working on the site may be interviewed to obtain factual information and photographs and measurements taken.
Should it become necessary to commence a criminal prosecution, interviews will be carried out in accordance with PACE (Police and Criminal Evidence Act) and other related legislation.
To carry out an investigation, Enforcement officers have the right to enter land to ascertain whether there is or has been any breach of planning control on the land or any other land; to determine whether any of the local planning authority’s enforcement powers should be exercised in relation to the land, or any other land; to determine how and such power should be exercised; and to ascertain whether there has been compliance with any requirement arising from earlier enforcement action in relation to land, or other land
It is an offence to wilfully obstruct an authorised person acting in exercise of a right of entry. However, entry to a building used as a dwelling house cannot be demanded unless 24 hours advanced notice is given to the occupier. If entry is refused, a warrant can be applied for from the Magistrates Court.
On occasions, it may be necessary to establish the facts by serving a Planning Contravention Notice (PCN) on the owner /occupier of the premises being investigated. This allows the local planning authority to require information they want for enforcement purposes about any operations being carried out at the site; the use of land or activities thereon. Failure to complete or return a PCN within 21 days is an offence, as is providing false or misleading information.
87 If on investigation there is found to be no breach of planning control, then a full explanation will be given to the complainant and the file will be closed. Conversely, when there is enough information to establish whether a breach of planning control has taken place, the enforcement officer, along with the appropriate Team Leader, will agree an appropriate course of action. Some cases may be referred to the Council planning committee to endorse any action (or non-action) to be taken.
It should be noted that the Enforcement file (and details of the complainant) is confidential and is not open to public inspection and is exempt under the Freedom of Information Act.
Use of planning enforcement powers
There are a number of enforcement powers available to the council during the initial investigation of the alleged breach of planning control and any subsequent enforcement action. These are set out briefly in Appendix B and more fully in the web link to the Planning Policy Guidance referred to above.
Enforcement appeals
There is a right of appeal against the service of an Enforcement Notice which must be made before the Notice takes effect (normally 28 days after the date of issue of the notice). An appeal may be made of specific grounds and details about the enforcement appeals procedure can be found on the Planning Portal website using the following link http://www.planningportal.gov.uk/planning/appeals/enforcementappeals
In Summary- our approach to Enforcement is:
In carrying out our investigation we will take account of our duties under the Human Rights Act Every case will be considered on its merits and the enforcement process will be instigated in any case where there is a breach of planning control and it is expedient to do so; The preferred option of each Council is always to resolve breaches of planning control without having to resort to formal action. If possible we will always advise on options as to resolve a situation ; If however, enforcement action has to be taken, then the Councils will use the full range of powers that are given to it under law to remedy a breach of planning control. This may include a prosecution or the issuing of an injunction; We will treat all information received by a complainant as confidential. However, it the matter has to proceed to appeal or a case at court, we may ask a complainant to provide a witness statement to provide evidence; We are always prepared to explain why action is or is not being taken We will always try to use plain language, but on occasions it may be necessary to use technical or legal terms. If anything we say is unclear, officers are always prepared to explain. Planning Enforcement Officers and all Planning Officers always carry identification. We will always be prepared to wait to allow a phone call to be made to the Council to verify the identity of the officer.
88 If anyone feels aggrieved about the way an investigation has been handled, the Councils have a complaints procedure and a form explaining this is available on request. You may also have a right to take the matter to the Local Government Ombudsman. That office however, will only address matters of maladministration and will not be able to change any decision which has been the subject of the required planning and enforcement process.
`Contact details
Planning Enforcement Enforcement Tel No. 01202 795325 Christchurch Borough Council Civic Offices Bridge Street Christchurch Dorset BH23 1AZ e-mail (need generic enf address)
Planning Enforcement Enforcement Tel No 01202 795302 East Dorset District Council or 01202 795144 Council Offices Furzehill Wimborne Dorset BH21 4HN e-mail (need generic address)
89
Appendix (1)
Enforcement Complaint Form
Please use this form to make a complaint about a planning enforcement matter. If you are making a complaint we will need your name and address so that we can report our findings to you and write to you again should further information be required. We will keep your details confidential. Anonymous complaints are not normally investigated. Your details
Full name ………………………………………………………………………………….
Your address………………………………………………………………………………
……………………………………………………………………Post code……………..
Tel no(s) Home…………………..Work……………………e-mail…………………….
Details of complaint
Address or location of the land or property you are complaining about
………………………………………………………………………………………………..
………………………………………………………………………………………………..
Please describe in detail what you think is wrong e.g. Erection of building or structure without the benefit of planning permission; unauthorised change of use of land or buildings; breach of planning conditions; tree works etc. If you are asking to take action against a use of land then we will need evidence that what you say is taking place on a regular and sustained basis.
......
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………..
…………………………………………………………………………………………………. continue on separate sheet of paper (or overleaf) if necessary
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Statement-The information I have provided is true to the best of my knowledge and belief, Signed………………………………………………………………date…………………. Appendix B – The main options open to a local planning authority (LPA) to tackle possible breaches planning control are:
1) Negotiation Some breaches of planning control can be resolved (if appropriate) through negotiation in the first instance either through ceasing the activities in question or by regularising the position through a retrospective application.
2) Planning Contravention Notice Allows the LPA to require any information they want for enforcement purposes about any operations, use or activities being carried out. Failure to complete or return the Notice within 21 days is an offence, as is providing false or misleading information. 3) Retrospective application If appropriate, the LPA can invite a retrospective application as a possible way forward to rectify the breach, although it cannot be assumed that permission will automatically granted. If refused the applicant will have a right of appeal. 4) Enforcement Notice This is the most common method of remedying unauthorised development if it considered to be expedient to do so.. The recipient must take the specified steps set out in the Notice and within a set time period. There is a right of appeal against the Notice. It is an offence not to comply with an enforcement notice, once the period for compliance has elapsed, and there is no outstanding appeal. 5) Breach of condition notice This requires recipients to secure compliance with the terms of a planning condition. There is no right of appeal to the Secretary of State. Summary prosecution can be brought in the magistrates Court for the offence of contravening a breach of condition notice. 6) Stop Notice Can be used in conjunction with an enforcement notice where the breach is causing irreparable and immediate significant harm. Where Stop Notices are used, the LPA could be liable to pay compensation if the associated enforcement notice is quashed, varied or withdrawn in certain circumstances and subject to various limitations. 7) Temporary Stop Notice Takes effect immediately it is issued and lasts up to 28 days. Before issuing a temporary stop notice, the LPA must be satisfied there has been a breach of planning control and it is expedient that activity be stopped immediately. 8) Planning Enforcement order Where a person deliberately conceals unauthorised development the deception may not come to light until after the time limits have expire for taking enforcement action. A magistrate’s court may only make such an Order if it is satisfied on the balance of probabilities that the apparent breach has, to any extent, been deliberately concealed and that it is just to make the order having regard to all the circumstances. 9) Injunction A LPA can seek an order from the court to restrain to restrain a breach of planning control. 10) Section 215 Notice This can be used in relation to untidy land or buildings when it is considered that the condition of the land is causing harm to the amenity of the area. 11) Direct Action Where the Council has served an enforcement notice and the requirements of the notice have not been met, the council may enter land to secure compliance with the Notice. The council will seek to recover its costs from the land owner and may put a charge on the land. This action is only used in extreme cases as resources allow. 12) Advertisements Where an advertisement has been erected without permission and is considered to be causing harm to the amenity of the area or public safety, the LPA has the right to bring a prosecution and in some cases remove the structures used to display signs and the adverts themselves.
91 Appendix 4 Development Management Charter Street Naming and Numbering
Introduction
Christchurch and East Dorset Councils have the statutory responsibility to ensure streets are named and properties are numbered. Maintaining a comprehensive and high standard for naming streets and numbering properties is important as it allows :- Emergency services to find a property quickly. Mail to be delivered efficiently. Location of addresses for visitors. Reliable delivery of services and products. Consistency of property based information across local government and the community of users for addresses.
The Local Authority does not issue postcodes for properties. This duty lies with the Royal Mail.
Legislation
The Public Health Act 1925 (Sections 17 to 19) – It is the developer’s responsibility to submit names for new roads to the Council. The Council will either accept or reject the name within one calendar month. If the name is rejected, the developer may appeal to the Magistrates Court within 21 days.
The Local Government Act 2003 (Section 93) – The power to charge for discretionary services.
New Requests
All requests for new developments must be submitted to the Street Naming and Numbering team, preferably electronically with :- A location plan clearly identifying the new scheme in relation to any existing streets or means of access. A detailed plan of the development clearly marked with the plot numbers of the proposed scheme. An internal layout plan for developments which are subdivided at unit or floor level, for example, a block of flats or commercial, industrial units. The main entrance to each block must be clearly marked.
Email : [email protected] Tel : 01202 795040
92
Street Naming Guidelines
The National Land and Property Gazetteer (NLPG) guidelines will be used for naming conventions. Ideally there should be some local or historical link to the area. If the street is within an area that has a theme (e.g. names of flowers or birds) then it should conform to this theme. New street names shall not duplicate any name already in use in the area. Street names with phonetically similar names are to be avoided. Street names that may be considered or construed as obscene or offensive will not be accepted. Street names that may be open to re-interpretation by graffiti or shortening of the name shall be avoided. To avoid causing offence either by inclusion or exclusion, no street shall be named after any living or deceased person. Only in extremely exceptional circumstances would such a suggestion be considered. Full names are to be avoided. Any punctuation will not be permitted. Street names are to be avoided if they are likely to cause confusion through pronunciation in an emergency situation.
Terminal words for new streets should be carefully considered. Road, Street, Avenue, Drive, Way, Grove, Place, Lane and Gardens can be used for most streets. However, other names can only be used in specific circumstances, for example :- Crescent – for a crescent shaped road only. Close – for a cul-de-sac only. Square – for a square only. Hill – for a hillside street only. Terrace – for a terrace of houses. Mews – officially a term for converted stables in a courtyard or lane but would be considered for most small terraced developments.
Property Numbering Guidelines
The National Land and Property Gazetteer (NLPG) guidelines will be used for property numbering conventions. All new property development will be numbered rather than named. New streets will be numbered with odd numbers on the left and even numbers on the right when entering the street. For a cul-de-sac, numbering will be consecutive. Numbers will be allocated in sequence and there will be no exclusion of any number e.g. due to superstition or personal preference.
93 If no sequential numbers are available then a letter will be used as a suffix, e.g. 10A.
Property Naming Guidelines
Where a property has been allocated a number, it must be used by law and clearly displayed. The number must be used in all correspondence. The National Land and Property Gazetteer (NLPG) guidelines will be used for property naming conventions.
If a property is known only as a name and is not numbered, an application to the council to change the name must be made. House names should conform to the following :- Should be unique and not duplicated in the street. Should not replicate a street name. The word ‘flat’ should not be used. Should not breach the rules of common decency. Should not be named after any living or deceased person. Only in extremely exceptional circumstances would such a suggestion be considered. Full names are to be avoided. Should not use any abbreviation or punctuation. Should not include a number in written or numerical format.
Fees
The Council may not charge a fee to name a street or number properties as this is a statutory function. However, we may charge for discretionary elements of the service such as :- Adding a name or renaming existing properties. Alterations in either name or numbers to new developments after initial naming and numbering has been undertaken. Address confirmations. Renaming a street at residents’ request.
See Appendix B for details of charges.
94
Appendix A
Service Standards
The Street Naming and Numbering service operates 09:30 to 17:15 every Wednesday, Thursday and Friday. The team can be contacted by :- Email : [email protected] Telephone : 01202 795040.
We aim to respond to all Street Naming and Numbering enquiries within 5 working days. All requests for property name changes will be dealt within 10 working days. We will update the Local Land & Property Gazetteer and notify relevant parties within 10 days of a naming and/or numbering scheme being issued. If a charge is relevant, work will commence when the fee has been received.
95
Appendix B
Fees
Item Fee Naming a new street None Numbering new properties None Adding a name or renaming existing £46 per property properties Alterations in either name or numbers to new developments after initial naming £23 per property and numbering has been undertaken Address confirmations £23 per property
All fees are zero rate for VAT
Payments for Christchurch addresses :- By Card : Please call 01202 795647. By Cheque : Payable to ‘Christchurch Borough Council’ and send to :- Street Naming and Numbering East Dorset District Council Council Offices Furzehill Wimborne BH21 4HN
Payments for East Dorset addresses :- By Card : Please call 01202 795647. By Cheque : payable to ‘East Dorset District Council’ and send to :- Street Naming and Numbering East Dorset District Council Council Offices Furzehill Wimborne BH21 4HN
96 Appendix 5 Development Management Charter Planning
Introduction
The purpose of this charter is to provide a reference guide identifying how the Planning service within Development Management service is delivered.
This charter refers to the processing of planning applications, pre-application advice and associated matters. For matters relating to Enforcement, Tree and Landscaping and Land and Property please refer to the separate charters.
Service Aims
To provide a fair, consistent, transparent and open Planning Development Management Service for all service stakeholders. This includes applicants and those who may be affected by development proposals.
To operate the Planning Development Management Service in accordance with the agreed service standards.
To enable both Christchurch and East Dorset Council to facilitate and influence development which achieves high quality, sustainable outcomes and protects the natural environment in the Corporate Plan
Pre-application inquiries and advice.
Christchurch and East Dorset provide a pre-application service which is detailed in the guidance note Christchurch and East Dorset Pre-application Service. Please refer to this guidance note for details of the Councils pre-application service.
If your inquiry relates to ‘do I need planning permission for…a shed/ conservatory/ dropped kerb/ change of use etc’ you will need to refer to the Councils Permitted Development Guidance note. The Council will not respond to informal inquiries seeking confirmation that planning permission is or isn’t required for a proposed development or change of use.
Development Management Forum
The Forum is a service designed for development proposals that are more complex and likely to raise a number of issues. It will involve one or more meetings with the process being project managed by a Planning Officer. It will involve in-depth research, consultation with statutory and non-statutory bodies and comprehensive advice put together by officers from different departments. It will involve member engagement via presentations. Please refer to the guidance notes on Pre- application and Development Management Forum for further details.
97
Duty Officer
The Councils provide a free Duty Officer Service. The terms of this service are set out in the guidance note Development Management Duty Officer Service.
Planning Performance Agreements (PPA)
PPA’s bring together the Local Planning Authority (LPA), developer and key stakeholders, at an early stage, to work together in partnership throughout the planning process. PPA’s a collaborative project management process and tool that provide greater certainty and transparency to the development of scheme proposals, the planning application assessment and decision making. Please refer to the guidance note Planning Performance Agreement for more details of the Councils approach to PPA’s.
Amended Plans
It is at the discretion of the LPA whether to accept amended plans or additional information submitted by an applicant/ agent once an application has been registered. The Partnerships approach to requesting and accepting amended plans and additional information during the determination of a planning application reflects national legislation and the importance that the NPPF place on pre-application discussions. Full details of the Partnerships approach to amended plans is set out in the Practice and Procedure note Amending planning applications.
Consultations on Planning applications
When carrying out public consultation the Partnership will;
(i) send written consultation for each application requiring, by law, public consultation, to neighbouring properties which adjoin the application site. This will include those opposite the application site where the proposal is visible to the streetscene. (ii) display a site notice, or notices, for each application requiring, by law, public consultation.
The Partnership will not acknowledge or respond to consultation letters. Members of the public who have written to the Partnership as part of a planning application consultation will not be individually notified of the application decision. The decision made on a planning application will be available at www.dorsetforyou.com.
‘Round robin’ or ‘circular letters’ these being letters which are made up of pre-written text and the writer completes their address and signs the letter will be treated as a petition.
The Partnership encourage applicants to discuss their proposals with neighbours, local people, the relevant town or parish council at an early stage before they submit their planning application.
98 The above approach to consultation reflects the Partnerships Statement of Community Involvement
The Partnership will also consult with statutory consultees as set out in national legislation.
Complaints
If a complaint is received regarding the Planning function of the Development Management Service this will be investigated and responded to in accordance with the Partnerships complaints procedure. The following is a link to the Councils complaints procedure;
https://www.dorsetforyou.com/complaints/christchurch-and-east-dorset
Summary of service standards
The Partnership will seek to determine all properly submitted applications within the following time scales:
• 60% of all large scale major applications (over 10,000 sq. m.) and small scale major (between 1,000 sq. m. and 10,000 sq. m.) in 13 weeks and 16 weeks for those applications with an Environmental Impact Assessment.
• 65% of minor applications (under 1,000 sq. m) in 8 weeks and
• 80% of “Other” applications (listed building consent, conservation area consent, advertisement consent and applications for change of use) in 8 weeks.
• Notify applicants within five working days that their application has been treated as complete, registered and allocated to a case officer, or
• Advise applicants within five working days that further information is needed in order to make the application complete.
99 Appendix 5a Christchurch and East Dorset Pre-application Service
This document sets out the service level that will be provided by Christchurch and East Dorset Development Management Services with regard to the consideration of pre-application proposals and Permitted Development Enquiries.
The Christchurch and East Dorset Partnership actively encourages potential applicants to engage in pre-application discussions. The National Planning Policy Framework (NPPF) is clear in establishing the important role that pre-application discussions play in the Development management process.
“Early engagement has significant potential to improve the efficiency and effectiveness of the planning application system for all parties. Good quality pre-application discussion enables better coordination between public and private resources and improved outcomes for the community”.
The request for pre-application advice and the Councils subsequent response are treated as confidential.
Christchurch and East Dorset Council have adopted a fee schedule for providing advice on pre-application requests. The fees are detailed table 1.
Table 1
Development type (Fee will be based on Fee and method of engagement/ response Follow up maximum qualifying from Council advice criteria) Permitted Development Christchurch and East Dorset do not reply to N/A request (do I need informal requests seeking confirmation if Planning permission for Permission is required. Applicants are advised to a…shed/ dropped kerb/ visit and view the guidance detailed on the extension/ change of Planning Portal; use etc.) http://www.planningportal.gov.uk/permission/house or
Submit an application for a Certificate of Lawful Development. Details of Certificates of Lawfulness can be found at;
http://www.planningportal.gov.uk/uploads/1app/gui dance/guidance_note- lawful_development_certificates.pdf
The Certificate of Lawful Development process is a statutory process
Householder (requiring £80.00 £50.00 per planning permission) Written response subsequent Adverts response. Non-residential If the request relates purely to alterations to a schemes relating to/ Listed Building and no other form of application is creating up to 40m2 required no fee will be charged. footprint Sites under ½ hectare area 100
1-4 new residential £195.00 £100 units (including change Written response of use resulting in Without a additional dwellings) £330.00 meeting Sites relating to/ 1 hour meeting and written response creating from 41 to £275 499m² footprint Sites over ½ hectare With a further area but less than 1. (maximum) 1 hour meeting at the Council/ Civic Offices.
5- 24 residential units £480.00 £350.00 Sites relating to/ 2 hour meeting and written response creating 500 to 1999m² With a further footprint (maximum) 2 Sites over 1 hectare hour meeting at area the Council/ Civic Offices Proposals for 25+ new Planning Performance Agreement. The associated Secured through residential units fee will reflect the scale and nature of application Planning Sites relating to/ Performance creating 2000m² Development Forum1 , Officer meetings and written Agreement footprint response
1 See the separate document “Development Management Project Team”
The Council will provide in principle pre-application advice for free. This is where the principle of development is discussed and is often an initial engagement. In these instances there will not be a detailed discussion on matters such as design. The majority of in principle discussions will focus on major developments. It is at the Councils decision whether an in principle discussion is held or advice provided.
Where a meeting is held feedback from the Local Planning Authority will only be given after the meeting. The purpose of the meeting is to enable the proposals to be put forward and explained by the applicant.
If further advice is sought or an additional meeting is required, this will incur a cost of 50% of the total initial fee. This excludes Proposals for 25+ new residential units or sites relating to/ creating 2000m² footprint as in this instance the Planning Performance Agreement will detail the number and frequency of meetings.
Christchurch and East Dorset will not consider a pre-application proposal until the correct fee has been received. A request for pre-application discussions should include scaled plans and sufficient supporting information to enable the Local Planning Authority to provide an appropriate response. This should include, if relevant, site location plan, existing and proposed drawings, floor plan details, flood risk assessment, tree survey and any supporting information. A pro-forma has been developed by the Councils which is to be used when submitting a request for pre-application advice.
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Christchurch and East Dorset Council will set out to provide the following service:
Carry out a site visit and respond to all pre-application proposal enquiries within 28 working days of receipt of the request (in its complete form, including the appropriate fee). If it is not possible for the Council to respond within 28 working days an agreement for an extension of time will be negotiated with the applicant. If following the expiry of the extended response timeframe there has been no response issued by the Council then the fee will be refunded in full. Interest will not be paid on any returned fee.
If more information is required in order for the Local Planning Authority to respond to the pre-application proposal this will be requested in writing. The 28 working days will stop once such a request has been sent. Upon receipt of the additional information a response will be issued by Development Managment Services within a further 21 working days from the date of receipt of the additional information.
The advice given by Council Officers in response to pre-application enquires does not bind the Council’s decision making or constitute a formal decision. However, the advice provided will be a material consideration in the determination of a future related planning application. At the Development Management Manager’s or Head of Growth and Economy’s discretion it will be possible to enter into discussions relating to the consistency of advice given by Planning Officers.
Please refer to the pro-forma for pre-application advice and accompanying notes which have been developed by the Council. This information is available from the Council Offices or online at www.dorsetforyou.com
Development Management Forum
There is a separate guidance note on the Forum. In summary the DMPT is a service designed for development proposals that are more complex and likely to raise a number of issues. It will involve one or more meetings with Officers and the overall the process being project managed by an Officer. It will involve in-depth research, consultation with statutory and non- statutory bodies and comprehensive advice put together by officers from different departments. It will involve member engagement.
At the end of the process, you will have a report setting out the advice of the planning service that will carry weight when any planning application based on that advice is submitted to the Council.
The Forum is intended to front load the planning application process for these complex cases and provide developers with a greater level of certainty following the submission of a planning application. It moves the emphasis of the planning process away from deadlines, towards a planned timetable and negotiated solutions that are agreed by both parties. This will be captured in a Planning Performance Agreement (see the separate guidance note on PPA’s).
102 Appendix 5b Christchurch and East Dorset Councils Information Sheet – Do I need Planning Permission?
If you are thinking about altering or extending your property in certain circumstances you can carry out some improvements and carry out a change of use without needing to make an application for planning permission. These improvements can include the addition of solar panels or a single storey extension and are referred to as ‘permitted development’. The legislation which permits these extensions is the General Permitted Development Order 1995 (as amended). Permitted development rights are subject to conditions and limitations to control impact and to protect local amenity.
To find out if planning permission is required for your proposal you have number two options;
Online guidance
You can use the links below to assess your proposal against the criteria of the General Permitted Development Order. If your proposed development meets with all of the relevant restrictions, conditions and permitted development right have not been removed from your property then you can proceed without the need to make a formal application. http://planningguidance.planningportal.gov.uk/blog/guidance/when-is-permission-required/what- are-permitted-development-rights/
http://www.planningportal.gov.uk/permission/commonprojects/
http://www.planningportal.gov.uk/permission/house
Certificate of Proposed Lawful Use or Development
If you wish to have a formal determination to consider if you proposal is permitted development you can submit an application seeking a Certificate of Lawful Use or Development. There is fee for this type of application which is set nationally. This link provides details of the required fee;
http://www.planningportal.gov.uk/uploads/english_application_fees.pdf .
An application for a certificate of proposed lawful use or development is similar to a planning application except that the Council will only consider the proposal against the restrictions and conditions of the Town and Country Planning (General Permitted Development) Order 2008 rather than planning policies. The planning merits of the proposal are not assessed.
Christchurch and East Dorset Councils no longer respond to informal confirmation requests, including those in writing that proposals are permitted development. 103 Appendix 5c Development Management Forum
The purpose of this paper is to set out the principles of the Development Management Forum.
The forum will act as both Christchurch Borough Council and East Dorset Districts Councils protocol for Member involvement in pre-application discussions.
The forum will include a meeting held in public open for all members to attend. This is part of the wider pre-application service provided by Christchurch and East Dorset Councils. No decisions will be made at the meeting. Only development proposals that have not been formally submitted as a planning application will be put before the forum.
Member engagement in pre-application discussions is not intended to bring forward final views on the proposal. However, Members may be in a position to give a preliminary view on a proposal and ask questions. Member should not express a view which may pre-determine their position in the event that they will be a member of the planning committee determining the application.
The benefits of Member involvement in the pre-application process are; Keeping councillors better informed on major applications Engaging members on issues to be dealt with in a formal submission Taking account of emerging or existing community concerns at a formative stage Obtaining initial member guidance for officer negotiations on major applications Reinforcing Councillors’ roles in their communities.
The types of development likely to be selected;
Sites of a major strategic importance and those which will represent a major contribution to delivery of the Core Strategy
Schemes will be selected by the HoS and DMM the agreement of the developer will always be necessary.
How the meeting will run;
The forum will be advertised in advance of it taking place (14 days notification by way of a site notice at the site of the proposal and notification of neighbours adjoin the proposal site). Appropriate Statutory consultees, including Parish and Town Councils, will be invited to attend the forum. An Officer usually the HoS or DMM will introduce the purpose of the meeting and advise how it will be conducted. The Leader of the Council, or if the Leader is not present another Member, will then Chair the meeting. The Applicants present their proposals.
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Questions asked and issues raised from Members and invited Statutory consultees. The applicant responds to these questions and issues. The forum including questions and issued raised together with their response will form the minutes of the forum. The minutes are to be agreed by the Chairman in advance of being published on the Councils website.
Guidelines for Members attending pre application presentations:
Members should only attend those meetings organised in accordance with this protocol and not arrange private meetings with developers. Councillors should only promote requirements of the development proposed that aligns with align with Development Plan/ LDF policies and guidance. Members are at the meeting to learn about an emerging proposal, to help identify issues to be dealt with by further submission and negotiation but not to express any initial view on the proposal which might pre-determine their view on the formal application. Their role is an important listening one. Any Planning Committee Councillor who elects to support a view for or against the proposed development will pre determine their position to the extent that they will be advised to declare a prejudicial interest and thus be free to present their views to Committee in the event of the Committee considering the subsequent application, but they will not be able to vote on the application. All Members attending the forum meetings will undertake appropriate training.
105 Appendix 5d Planning Performance Agreements
The Christchurch and East Dorset Development Management service has an adopted procedure for actively engaging in pre-application discussions. There is a fee for this service. For schemes which propose 25 or more new residential units or relate to/ create a footprint in excess of 2000m2 the applicant will be requested to enter in a Planning Performance Agreement (PPA).
A PPA is a mechanism which can be entered into in advance of a planning application being submitted. They are run as a project management framework in which applicants can meet with the planning service and other interested parties to agree how a scheme will be progressed through the pre-application process and the subsequent formal planning process once submitted.
PPA’s bring together the Local Planning Authority (LPA), developer and key stakeholders, at an early stage, to work together in partnership throughout the planning process. PPA’s a collaborative project management process and tool that provide greater certainty and transparency to the development of scheme proposals, the planning application assessment and decision making.
When entering into a PPA the Local Planning Authority and applicant will agree a timeframe for scoping out and developing the scheme. The fundamental principal of PPAs is the front loading of activity - prior to submission – to ensure that applications are of a high quality both in terms of the material submitted and the content of the proposal.
Each PPA is drawn up to meet the needs of the specific site that it relates to. There are some elements that are a common thread; • an identified project team for both the applicant and LPA • agreed tasks with the pre-application process and formal determination process, and • a project timetable.
When a PPA is entered into Members of the Council will be openly and appropriately engaged with the development whilst ensuring that their decision making function is not compromised. This will be through the Development Management Project Team. For larger and more complex schemes Members of the Planning Committee may receive a technical briefing after the application has been submitted but prior to determination at the Committee meeting itself.
The level of resources required for an individual PPA will be dependent on the complexities of the scheme. For large complex schemes there is inevitably a very substantial resource implication. There will be a charge for this service and this will be negotiated with you prior to the commencement of the work on the project.
106 Appendix 5e Development Management Duty Officer Service
The Councils provide a free Duty Officer Service. The terms of this service are detailed below.
The Duty Officer Service is available on Wednesday of each week between 9:00am and 5:00pm. The service is available on an appointment basis only. Appointments are scheduled to last no more than 15 minutes.
Please contact us on 01202 795000 or [email protected] is you wish to book an appointment. Please state at the time of booking your appointment which site your inquiry relates to and the nature of your inquiry.
The Duty Officer will provide advice on;
The process of applying for planning permission. The information that is required for the submission of planning applications.
The Duty Officer will not provide advice on;
Pre-Application enquiries Site specific enquiries relating to current applications & appeals Requests relating to current application Enquiries relating to current enforcement investigations Requests for Non-Material amendments Requests for written pre-application advice Views on the acceptability of proposals Requests for whether planning permission is required
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Appendix 5f Agreements to extend the time for decision
This advice note sets out the Partnerships approach to seeking agreements to extend the time period for determining a decision.
1.0 Introduction 1.1 Article 29 of The town and Country Planning (Development Management Procedure) (England) Order 2010 sets out the requirement for councils to give the applicant notice of their determination of a valid application within a specified period – being either the statutory time limit or "such extended period as may be agreed in writing between the applicant and the local planning authority" provided the applicant has not already given notice of an appeal to the secretary of state).
1.2 Agreements to extend the time for determination can be made for both major development applications and other applications that would normally be determined within 8 weeks.
1.3 Both Christchurch and East Dorset will seek to agree extensions of time in the interest of delivering sustainable development where it has not been possible, despite the best endeavors of all parties, to determine an application within the prescribed target. It is likely that the Council will request an extension of 8 weeks to ensure that consultation can take place and if needed an application can be scheduled for Committee.
2.0 Planning Performance Agreements 2.1 A planning performance agreement (PPA), negotiated between the Council and the applicant and agreed during pre-application discussions, will set a project path for the consideration of the planning application (please refer to the Council’s guidance note on Planning Performance Agreements). However, where a PPA has not been agreed, a written agreement to extend the period for determination between the council and applicant setting out a timescale for the decision notice to be issued can be agreed.
3.0 When an extension can be agreed and the number of extensions 3.1 Agreements for an extension must be completed before the expiry of the target date of the application. If agreed by all parties there could be more than one agreement to extend the time for determination. However, good practice is to make sure the first agreed new target date was realistic so a further agreement wouldn't be necessary.
4.0 Appeals 4.1 The right to submit an appeal against non-determination is set out in the Town & Country Planning Act 1990 s78(2). An applicant can appeal to the Secretary of State if the Local Planning Authority has failed to give notice of its decision within the relevant statutory period (if there is no extension of time in place). Where there is an agreed extension of time, an appeal cannot be made until that extended period has elapsed.
Appendix 1 is a template letter to be used when agreeing extensions of time for determination.
Note for internal reference only. Following the agreement of an extension of time this must be immediately recorded with the Administration Team108 Leader to enable it to be recorded in the PS1/2 returns. Appendix 6 Development Management Charter Tree and Landscape
Introduction
The purpose of this charter is to provide a reference guide identifying how the Tree and Landscape service within Development Management service is delivered.
This charter refers to the maters relating to Trees and the natural Landscape. For matters relating to Enforcement, Planning applications and Land and Property please refer to the separate charters.
Purpose
East Dorset and Christchurch contain nationally and locally important landscapes. The Tree and Landscape team will manage these landscapes in the context of enabling sustainable development. Trees make a significant contribution to the built environment. The Tree and Landscape Team will look to conserve these trees, where appropriate, by the use and management of Tree Preservation Orders.
What the Tree and Landscape Service do:
Determine applications to manage the tree cover of the area. Please refer to the guidance note Applications for Tree Work. Make recommendations for serving accurate, enforceable and quantified tree preservation orders in accordance with statute and current best practice. Please refer to the guidance note Conservation Areas and Making TPO’s. Determine tree work applications and successfully defend the decisions at appeal. Please refer to the guidance note Applications for Tree Work. Determine Conservation Area notifications and raise no object or make a TPO in response Be an effective consultee to the Planning team within the development management service. In this context effective means timely, accurate fit for purpose. Please refer to the guidance note Arboriculture and Landscape in Planning Advise on and determine applications for works to important hedges. Provide advice to the public on high hedge applications and determine applications Please refer to the guidance note High Hedges. Be a source of advice to internal and external stakeholders on tree and landscape issues Support the growth agenda and service standard response times
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What the Tree and Landscape Service do not do:
Provide tree and landscape advice to the public outside a tree work or planning application Provide a tree inspection service
110 Appendix 6a Applications for Tree work guidance note
This guidance note applies to trees that are subject to a tree preservation order and trees growing in a Conservation Area
If you wish to carry out work to a tree that is the subject of a tree preservation order you have to apply to the Council for consent. If the tree is growing in an address in Christchurch it will be dealt with by the Christchurch Trees and Landscape team and if it grows in an address in East Dorset, the East Dorset Trees and Landscape Team will deal with it. You can submit the application by email the shared inbox at [email protected] or by post to the relevant council.
You should use the nationally approved 1App form which can either be downloaded from the Planning Portal http://www.planningportal.gov.uk/ or you can phone or email the Council’s Trees and Landscape Team who will forward one to you. The site also contains guidance notes to help you with the application.
You can apply for consent to carry out works to a neighbour’s tree. If you do this the Council will notify the tree owner and send them a copy of extracts of the application form so that they can identify the works and the reason for requesting them. If the Council gives consent for the works you will still need the consent of the landowner.
Section 7 of the 1App application form requires you to state what you want to do and the reasons for having the work done. This is important for officers to be able to make a judgement on the balance of public amenity against the need to do the work.
Where consent is given for you to fell a tree that is subject to a tree preservation order the Council might make the felling conditional on you planting another one. Full details will be contained in the decision notice. The Council will enforce replacement planting conditions.
The Council will notify the Parish Council on receipt of a tree work application. All local councillors are notified of applications received on a weekly basis.
The Council keeps a register of every application for tree work including details of appeals and replacement planting. The register is available to view at the Council offices.
We are allowed 8 weeks to determine an application for treework.
Notifications for work to trees growing in a conservation area are broadly similar. If you wish to carry out work to a tree with a stem diameter greater than 75mm measured 1.5m above ground level, you need to notify the Council. You can use the 1App form although strictly this is not a requirement. The Council has 6 weeks to agree to the work, discuss alternatives with the applicant or if they consider that the work will have a detrimental impact on the Conservation Area, the Council might make a tree preservation order. If you have not heard from the Council after 6 weeks from the date of your application then you can go ahead and carry out the works. We will endeavour to reply to your application before the 6
111 week time limit has expired. You have two years to complete the work, after that you will need to reapply.
General guidance can be found at http://planningguidance.planningportal.gov.uk/blog/guidance/tree-preservation- orders
112 Appendix 6b Arboriculture and Landscape in Planning guidance note
This guidance not sets out the levels of information that are required where planning permission is sought for a site containing trees.
The Council has a statutory duty to consider the protection and planting of trees when granting planning permission for a proposed development.
In doing this the Council acts in accordance with national planning policy and current local plan and core strategy policy.
The Trees and Landscape Team will make sure that the nature and level of detail of information required to enable the Council to determine an application is proportionate to the scale of the development. However the Council recognises that different levels of information are required at different stages of the process. In this regard the Council takes in to consideration the recommendations contained in Annex B of BS5837:2010 Trees in relation to demolition, design and construction – Recommendations.
Stage of process Minimum detail Additional information Pre-application Tree survey Draft tree retention / removal plan Planning application Tree survey (in the Existing and proposed absence of pre-application finished levels discussions) Tree protection plan Finalised tree retention / Heads of terms for an removal plan Arboricultural Method Retained trees and RPAs Statement shown on proposed layout Details for all special Strategic hard and soft engineering within the landscape design, RPA and other relevant including species and construction drawings location of new tree planting Arboricultural impact assessment Reserved matters / Alignment of utility Arboricultural site planning conditions apparatus (including monitoring schedule drainage), where outside Tree and landscape the RPA or where installed management plan using a trenchless Post-construction remedial technique schedule Dimensioned tree Landscape maintenance protection plan schedule Arboricultural method statement – detailed Schedule of works to retained trees Detailed hard and soft landscape design
113 Appendix 6c Conservation Areas and Making a TPO
This guidance note provides information on the way Christchurch and East Dorset make tree preservation orders
Tree Preservation Orders are made by the Council in the interests of amenity and expediency. The Trees and Landscape Team will make TPOs in accordance with current national guidance.
All new tree preservation orders will appear as a charge on your property in a local land charges search
You will be notified by post, or a hand delivery, if the Council makes a tree preservation order on your property. You have 28 days to make an objection to the order. If you make an objection it will be heard by committee who will either decide to confirm the order, confirm the order in a modified form or not confirm the order.
Further information can be found in Guidance note Tree preservation Orders and trees in conservation areas http://planningguidance.planningportal.gov.uk/blog/guidance/tree-preservation- orders
The Trees and Landscape Team will be available to talk to you about the tree preservation order.
Conservation Areas are made by the Council to acknowledge the special character of an area. This influences the way in which the council, as the local planning authority, deals with planning applications that may affect the area. All trees growing in a Conservation Area that have a stem size greater than 75mm measured 1.5m above ground level are protected and you have to notify the Council if you intend to carry out work on them. There are some exceptions and general guidance can be found at http://planningguidance.planningportal.gov.uk/blog/guidance/tree-preservation- orders
114 Appendix 6d High Hedges guidance note
The Trees and Landscape Team deal with High Hedges and, where circumstances meet the criteria, will issue remedial notices for a hedge to be maintained at a certain height.
If you have a dispute with a neighbour over a boundary hedge the Council will not automatically intervene to resolve it. You must be able to demonstrate that you have done everything that you reasonably can do to resolve the dispute.
This document sets out what you can expect from the Council, who will charge £350 for intervening in the dispute. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9411/h ighhedgescomplaining.pdf
Even though the dispute may have been running for several years the Council will expect evidence of a recent attempt to resolve the dispute
If you have attempted to resolve the dispute AND you can satisfy the following, the Council will consider getting involved.
• Is the hedge growing on land owned by someone else? • Is the hedge – or the portion that is causing problems – made up of a line of 2 or more trees or shrubs? • Is it mostly evergreen or semi-evergreen? • Is it more than 2 metres tall? • Even though there might be gaps in the foliage or between the trees or shrubs, is the hedge still capable of obstructing light or views? • Are you the owner or occupier (eg. tenant) of the property affected by the hedge? • Is the property residential? • Does the hedge detract from the reasonable enjoyment of your home or garden because it is too tall?
The enforcement of hedge height, once a remedial notice has been issued is a matter for the Development Management Enforcement Team.
Further information is available from the government website: https://www.gov.uk/government/publications/high-hedges-complaints-prevention- and-cure
115 Appendix 7 Development Management Statement of intent
Design Review Panel
DM Charter Enforcement
DM Charter Land and Property
DM Charter Planning
DM Charter Trees and Landscape
116 Appendix 8
DM Charter Planning
Guidance Note Pre-application Service Practice and Procedural Note Larger Home Extensions
Guidance Note Permitted Development Practice and Procedural Note
117 Non Material Amendments
Guidance Note Development Management Forum Practice and Procedural Note Minor Material Amendments
Guidance Note Planning Performance Practice and Procedural Note Agreement Protocol for Submission of Planning Obligations
Guidance Note Duty Officer Service. Practice and Procedural Note Amending Planning Applications
Guidance Note Extension of determination dates DM Charter Tree and Landscape
Guidance Note Practice and Procedural Note Applications for Tree Work Service level agreements with the public
Guidance Note Practice and Procedural Note Arboriculture and Landscape Dealing with TPO Applications for tree work
Guidance Note Conservation Areas and making Practice and Procedural Note a TPO Conservation Area notifications for tree work 118
Guidance Note Practice and Procedural Note High Hedges Making a tree preservation order
Practice and Procedural Note Dealing with Planning consultations
Practice and Procedural Note High Hedges
Practice and Procedural Note Dealing with applications for Important hedgerows
Appendix 9 Summary of responses from existing members of both the Christchurch and the East Dorset Architect Panels.
This approach applies most appropriately to larger, complex pre-applications which justify the procedure.
Many of the submissions within Christchurch and East Dorset are small scale which, nevertheless, cumulatively, may be as influential on the built environment as larger applications. This may be particularly so in Conservation Areas or with regard to Listed Buildings. There may be a risk, therefore, of not considering these proposals as they may not warrant the effort of either the applicant or the panel in terms of time (and expense). Consideration should be given to a 'first tier' panel to consider smaller schemes.
I am supportive of this approach – I think it is fairer, accountable and a range of skills will work better.
A valuable part of the existing panel was an annual committee tour where members of the panel accompanied the planning committee to look at schemes that were approved, appeals lost etc. This has always been a useful outing for both panel and committee members alike. I would suggest that this kind of thing be continued.
As with the design panel meetings there is never 100% agreement for/against the schemes presented. It is guaranteed that given a particular site to develop all the AP members would come up with a different solution both in plan and elevation.
When I first joined the current panel I wrote saying I did not think it necessary for me to sit in judgement of my peers as the matter was personal between the Architect and his client.
A sensible response can never be given during a 15 to 20 minute discussion. What will Master Planners, Town Planners, Engineers, Quantity Surveyors, Landscape Architects, M&E Engineers, Traffic Engineers, Sound Engineers, CDM Coordinators, Bat Surveyors plus Architects are going to all bring to the table and how it will be time managed - and what more credence will be given to the 'findings'? A consensus may not be reached.
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If Local Authorities are heading in this direction it may be easier for all the above proposed expertise to formulate specific site briefs. i.e. developer writes in to LA saying what he requires to do on a particular site (no drawings prepared at this stage).
Change for change sake? How broken is the current system? It probably suits the parochial requirements of CBC and ED and the voluntary nature of the contributions made.
Please note we give our time freely to the current Architects Panel.
I do not understand why the system that works well to date needs changing.
As a Chartered Architect I am uncomfortable with having to enter into a code of conduct as we have our own codes of conduct as Chartered Architects.
I am not sure it is a good idea for the applicant to present his/her scheme as this could be intimidating to the panel.
It would be a shame if a member of the Planning Committee was not present at these reviews as the feedback we have received from the Planning Committee is that the advice we give is most helpful to the Planning Committee when making their decisions.
If the process becomes too complicated I fear the purpose of the Design Review Panel will be lost.
How will time be managed as some of the larger schemes could require hours of deliberation whereas some of the smaller schemes may only need minutes bearing in mind the work we undertake for the Local Authority is given freely, I strongly suggest you keep the matter simple.
It’s a shame that the process is becoming so formalised. The delightful informal format, if a little haphazard at times, did bring out genuine criticism or compliments as the case may be, and being architects we didn’t always see eye to eye. This new process would suggest that a consensus has to be agreed in order to compose feedback to the applicant and some opinions will inevitably be written out.
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We agreed didn’t want to hear a presentation from the applicant where an architect is selling or justifying the project to the panel. The scheme should then speak for itself.
I don’t have any particular issue with the Code of Conduct, it’s quite different to the ARB and also relates to different disciplines.
Similarly the Principles and Guidance Notes all seem to make reasonable sense although I would question the need for ten members to sit on a Panel – several members won’t get a word in.
The idea of involving professionals from other fields is a good one and one we have often promoted at EDDC but never implemented. I also thought having the relevant Ward Councillor attend was also very helpful in assisting their decision whether to support or not.
The administration of the Design Review Panel is administratively burdensome and costly.
121 Appendix 10
Proposed annual fee Item Evidence basis for fee income Naming a new No fee as a statutory N/A street function No fee as a statutory N/A Numbering new function properties
Adding a name or Officer time: Christchurch: £1426 renaming existing Officer hours: 2 East Dorset: £2714 properties Cost: £18 Allocation of DM costs: 30% of Officer costs Total: £23.40
Proposed fee: £46.00 per property
Alterations in either Officer time: Christchurch: £1426 name or numbers to Officer hours: 1 East Dorset: £1932 new developments Cost: £18 after initial naming Allocation of DM costs: 30% and numbering has of Officer costs been undertaken Total: £23.40
Proposed fee: £23.00 per property
Address Officer time: Christchurch: £1012 confirmations Officer hours: 1 East Dorset: £966 Cost: £18 Allocation of DM costs: 30% of Officer costs Total: £23.40
Proposed fee: £23.00 per property
122 Appendix 11
Development type (Fee will be based on maximum Evidence basis for fee qualifying criteria) Householder Statutory fees: Adverts Householder extension (not PD) - £172 Non-residential schemes Adverts - £110 relating to/ creating up to Floor space - £195 40m2 footprint Sites under ½ hectare area Officer time: Officer hours: 4.5 Cost: £68.68 Allocation of DM costs: 25% of Officer costs Total: £85.84
Proposed fee: £80.00 1-4 new residential units Statutory fees: (including change of use 4 dwellings (full): £1540 resulting in additional Industrial floor space 465m2: £80 dwellings) Sites relating to/ creating from No meeting 41 to 499m² footprint Sites over ½ hectare area but Officer time: less than 1. Officer hours: 9 Cost: £153.62 Allocation of DM costs: 27% of Officer costs Total: £195.10
Proposed fee: £195.00
Meeting
Officer time: Officer hours: 15 Cost: £266.29 Allocation of DM costs: 27% of Officer costs Total: £338.19
Proposed fee: £330.00 5- 24 residential units Statutory fees: Sites relating to/ creating 500 24 dwellings (full): £9240 to 1999m² footprint Industrial floor space 1999m2: £10395 Sites over 1 hectare area Officer time: Officer hours: 19 Cost: £347.11 Allocation of DM costs: 30% of Officer costs Total: £486.34
Proposed fee: £480.00
123 Development type (Fee will be based on maximum Evidence basis for fee qualifying criteria) Proposals for 25+ new To form part of PPA. Fee to reflect scale and residential units nature of application – will build on above fees. Sites relating to/ creating 2000m² footprint Development Management Project Team
124 Appendix 12
CBC EDDC 2013/ 2014 requests 26 53 Forecast with charging 31 64 Householders etc. Revenue based on forecast £2,496.00 £5,088.00 and charge rate of £80.00 2013/ 2014 requests 24 47 Forecast with charging 29 56 1-4 residential Revenue based on forecast £5,616.00 £10,998.00 and charge rate of £195.00 2013/ 2014 requests 6 11 Forecast with charging 7 13 5-24 residential Revenue based on forecast £3,456.00 £6,336.00 and charge rate of £480.00 2013/ 2014 requests 2 5 Forecast with charging 2 5 25+ Revenue based on forecast £5,500 £9,000 and estimated charge rate Total revenue £17,068 £31,422
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126 Agenda Item 8
CABINET 24 June 2015
Title: Discretionary Disabled Facility Grant Application
1. PURPOSE AND RECOMMENDATIONS
Purpose of Report: To consider the granting of a discretionary grant to make up the shortfall in grant funding between the cost of mandatory grant eligible works and the mandatory grant funding Recommendations: It is RECOMMENDED that: The application is considered and a decision made whether or not to approve a discretionary grant of £13,208. Portfolio holder: Cllr S Gibson (Portfolio Holder for Housing) Wards: None Contact Officer: Sean Whitney, Public Health & Protection Manager
2. BACKGROUND 2.1. In June 2014 the applicant purchased a property which was in need of some attention with a view to refurbishing it whilst also carrying out adaptations to render the property suitable for occupation by the applicant. 2.2. Following consideration of these works a scheme was drawn up which included those works considered to be eligible for mandatory disabled facility grant assistance which amounted to £43,208. 2.3. Each applicant for mandatory grant is subject to a means test to determine whether they can afford to contribute financially towards the costs of the eligible works. If an applicant is in receipt of certain specified benefits then they are entitled to receive 100% of the grant eligible works up to the statutory maximum grant of £30,000. 2.4. In this case the applicant was in receipt of one of these so called ‘passporting’ benefits and was therefore entitled to receive 100% of the cost of the grant eligible works up to the maximum grant of £30,000. 2.5. A disabled facilities grant for the statutory maximum of £30,000 was subsequently approved on the 26th February 2015. 2.6. There is no prescribed form to apply for discretionary grant assistance and Appendix 1 provides details submitted by the applicant by way of an application. In summary the grant eligible works were assessed to amount to £43,208 with the maximum grant of £30,000 being awarded. This has left a shortfall of £13, 208 which the applicant is seeking discretionary assistance for. 2.7. The application also contains details of the other refurbishment works that were not considered eligible for mandatory grant assistance. These additional works take the total cost for both eligible and non-eligible to £60,816. It was made clear to the applicant at the time that if they decided to proceed with the
127 scheme that the shortfall would be their responsibility especially in light of the additional works of refurbishment that were being carried out. 2.8. Details are also provided of income and savings and an additional loan that the applicant has secured in respect of the whole project. It should be noted that as the grant awarded is means tested, consideration of the applicants ability to contribute financially towards the costs of the works has already taken place. 2.9. It should also be noted that owing to a misunderstanding by the applicant there is an element of V.A.T. payable for some works which were originally thought to be V.A.T. exempt.
3. IMPLICATIONS
Corporate Plan & Council Objectives 3.1. Housing: H1 Enable provision of housing appropriate to meet all needs. H3 Facilitate innovative approaches to housing need. PER2 Ensure council resources are used efficiently and effectively.
Legal 3.2. Disabled Facilities grants are currently administered under requirements of the Housing Grants, Construction and Regeneration Act 1996. The Council are required to give grants to disabled persons for certain eligible works and these grants are referred to as Mandatory Disabled Facilities Grants. 3.3. The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 provides a general power for Councils to give discretionary assistance in any form. Under this legislation any person can make application to the Council for grant monies and the Council must consider their application. 3.4. The Local authority is not allowed to fetter its discretion by pre-determining such applications. A lack of funds is not regarded as justification for refusing an application, however after considering the application if the Committee is not persuaded to depart from its current policy then it may refuse the application.
Environmental 3.5. There are no environmental impacts. 3.6. Financial and Risk 3.7. As of the 1st April 2015 the Council no longer receives a grant allocation from central government as this is now paid to Dorset County Council through the Better Care Fund. The Council however retains the legal duty to deal with applications for mandatory disabled facilities grants from residents of its area and these mandatory works will be funded through the Better Care Fund allocation. 3.8. The Better Care Fund is for the mandatory works as described above and therefore it is for each Council to consider applications for discretionary grant funding which would have to be met from the Councils own reserves. 3.9. Members are reminded that in reaching a decision they should not fetter their discretion because of a lack of funds.
128 Equalities 3.10. No implications
4. CONCLUSION 4.1. Members have the discretion to approve such grants and should consider all of the matters laid before them before reaching a decision as to whether to award a discretionary grant.
Background Papers: None
Appendix 1: Discretionary grant application
129 Appendix 1
Dear Sean, Many thanks for your email. A little background. I am 61 and registered disabled with Rheumatoid Arthritis and Osteoarthritis that has been long term and caused me to have both knees and a left hip replaced and a left shoulder torn tendon. Also of late, a fractured left Femur repair that at the moment, since August, has left me unable to walk so I am in a wheelchair. We bought a 3 bed semi, once a council house, in June last year when I could walk with a stick but used a wheelchair for getting around any distance. It was the cheapest on the market near family that was suitable to adapt for my long term use. It had been used until September 2013 for some time by the council as a half-way house, although in private ownership, but left in dis-repair even though the contract suggested it would be maintained by the council. External and internal plaster and paint, ageing and rusty storage heaters, gutters, glazing seals damaged on doors and windows, poor insulation, no smoke detectors, dangerous front steps to door, rusty gate, overgrown hedging, tree roots in drains are all as a consequence of no maintenance. My OT June Heayes and Sue Hewitt have together helped me apply for a DFG and it has been granted to maximum of £30,000. The overall works that are grant aided are a total of £43,208.42. the grant was given on 26th February 2015. It has taken me 8 months to collate quotes, apply for planning, obtain a party Wall Act Agreement, obtain drawings, structural survey, clear the garden, have it woodworm treated, insulated, and have the drains cleared of tree roots. Planning alone was a wait of 3 months only to be rejected on minor points and a re-submission under permitted development was granted in late December. It has been a very trying experience as a disabled person to go through and I have still more overseeing to do. Having limited savings and being on Working Tax Credit I am concerned that after the job we will be very low on savings as adaptions have turned out more expensive than just initial quotes I had , and all the works have been essential to getting the house safe, secure and accessible for me. In addition I was lead to believe from a government website page, which has since been changed, that I would be able to have much work done VAT exempt. This was also supported by the fact that another quote I had earlier showed no VAT on my extension and it was not until the builders started that I double checked VAT exemptions. This alone has thrown my calculations out. As I saw the extra liability looming , with builders started, I had to quickly ask my building society for a loan of £15,000 which they have given although adding to our monthly expenses and will not be enough to pay all costs so the works will still drain our savings.
130 Agenda Item 9
CABINET 24 June 2015
Land at Common Road, Sixpenny Handley
1. PURPOSE AND RECOMMENDATIONS
Purpose of Report: To approve the principle of disposing of part of the council’s land at Common Road, Sixpenny Handley to the Sixpenny Handley Community Land Trust and to approve the draft Heads of Terms for the disposal. Recommendations: It is RECOMMENDED that Cabinet: (a) support the principle of disposing of part the council’s land at Common Road, Sixpenny Handley; (b) approves the draft Heads of Terms attached as Appendix 3 to this report and delegates authority to the Portfolio Holder for Housing to agree amendments resulting from further negotiations; (c) authorise officers to draw up the necessary contract documentation for approval by Cabinet. Lead Members: Cllr S Gibson (Housing) Cllr S Butler (Performance) Ward: Handley Vale Contact Officer: Lindsay Cass, Head of Property and Engineering
2. BACKGROUND 2.1. Council officers have been in discussion with community representatives from Sixpenny Handley since 2013 regarding possible sites for affordable housing to meet local housing need in the village. 2.2. A housing needs survey was undertaken by Sixpenny Handley with Pentridge Parish Council with EDDC’s support in 2013. The survey identified a clear majority of 80% in support of a small affordable housing scheme in the village to address local need. Based on the projected supply of affordable housing and the identified housing need over the next five years, the survey provides justification for a scheme of 10-12 housing units. 2.3. The survey also asked the community about potential sites for new homes and 23 were suggested. One of these was the EDDC-owned land at Common Road, as shown on the plan at Appendix 1. This land was acquired by the council in 1954, has an area of 1.84 hectares (4.55 acres), is within the Cranborne Chase Area of Outstanding Natural Beauty, has a value in the asset register of £19,500 and is currently let on an agricultural tenancy with an annual rent of £25, which can be terminated by giving 12 months’ notice. 2.4. In January 2014, the Planning Committee of the parish council, working with EDDC officers, prioritised the 23 sites. The parish council also formally agreed
131 to support the establishment of a Community Land Trust (CLT) to take the potential housing project forward. 2.5. In May 2014 a public meeting was held in the village to explain the purpose of a CLT, to ascertain support amongst the community and to identify volunteers for a Steering Group. The Steering Group met for the first time in June, advised and supported by the Wessex CLT Project. In July the group considered the parish council’s prioritised list of potential sites for affordable housing and selected seven on the basis of location, size and suitability. 2.6. Each of the landowners of the seven sites was then formally approached with identical indicative price (up to £7,000/plot) and terms. In August, the Steering Group considered the responses from the landowners, several of which were unwilling to make their land available, and three sites were short-listed (see Appendix 2 of Appendix 2). The owner of two of the sites subsequently decided not to commit to the project. 2.7. At the Steering Group meeting on 1 October 2014 the decision was taken to formally explore the one potential site remaining, which was the council’s land at Common Road. 2.8. In early 2015, the Steering Group formed the Sixpenny Handley Community Land Trust (SHCLT), which is a Community Benefit Society registered with the Financial Conduct Authority. The SHCLT plans to provide affordable homes for local people by working in partnership with a housing association in accordance with a model developed and supported by the Wessex CLT Project. The SHCLT is also being supported by the council with a £5,000 grant to fund their legal fees. 2.9. The SHCLT is seeking to acquire approximately 1 acre of the council’s land and has expressed a preference to have ‘first refusal’ on the remainder of the council’s title. The land could only be developed for affordable homes for local people, under the council’s Core Strategy Policy LN4: Exception sites for the provision of affordable housing, on the basis of evidence of such need. 2.10. On 12 December 2014 the council’s Corporate Capital and Property Strategy Group (CCPSG) considered the SHCLT project and supported the proposals, subject to a series of amendments to the draft Heads of Terms. This approach was endorsed by Corporate Team on 22 December 2014.
3. HOUSING RESEARCH PROJECT 3.1. The housing research project carried out in 2013 is attached as Appendix 2 of this report. 3.2. Having excluded households not deemed to be in housing need and those expressing a preference for housing outside the parish, a total of 36 households were considered to be in housing need. 3.3. Analysed by five life-stage cohorts, the survey indicated 10 households in current need, 12 households that would fall into need within 1 to 3 years and 14 households within 3 to 5 years. A significant number of households expressed interest in affordable home ownership, with incomes that could make the tenure a possibility. However, the financial means of many households confirmed a material ongoing need for affordable rented housing.
132 3.4. Given the five year shortfall in affordable housing provision and after making allowances for future vacancies within the existing stock, the research project concludes that it would be appropriate to seek a site for a small development of 10 to 12 affordable homes.
4. DRAFT HEADS OF TERMS 4.1. The SHCLT, with support from the Wessex CLT Project, has prepared draft Heads of Terms for the acquisition of part of the council’s land at Common Road. These have been amended since the CCPSG meeting in December and are attached as Appendix 3. 4.2. The proposal is that a Housing Association (HA) would purchase a 125 lease of the land from the council and the council would simultaneously sell the freehold reversion to the SHCLT for a nominal value of £1, so the SHCLT would become the freehold owners of the land, subject to the lease which had been granted to the housing association. 4.3. The SHCLT would receive a ground rent equivalent to £4/week/home (approximately £2,000 per year for 10 affordable properties). The SHCLT would not have any onerous responsibilities (such as appointing builders or raising finance) but would influence the design and verify the local connection of potential residents. The SHCLT would also have an option to buy the HA out of its lease at some point in the future; for instance if it wished to benefit from the full rental income (in place of the ground rent) and could raise the necessary funds. 4.4. The HA would be fully responsible for funding the project. This would include private borrowing and grant aid from the council (by ‘recycling’ all of the capital receipt from the sale of leasehold) and from the Homes and Communities Agency (HCA). 4.5. The project plan is attached as Appendix 4. This shows the council entering into an option agreement to sell the land in October 2015, the land being transferred in September 2016 and the new homes being completed in September 2017.
5. IMPLICATIONS
Corporate Plan & Council Objectives 5.1. The matter impacts upon the Corporate Plan in the following areas: C1: Provide communities with opportunities to take greater involvement in running public services C2: Improve opportunities for young people to live healthy and successful lives C4: Improve life chances for vulnerable people EC2: Encourage thriving and welcoming town centres and a strong rural community H1: Enable provision of housing appropriate to meet all needs H2: Promote sustainable housing development H3: Facilitate innovative approaches to housing need
133 PER2: Ensure council resources are used efficiently and effectively PER3: Promote a positive reputation with residents, customers and businesses
Legal 5.2. The council has the legal power to dispose of its land as it thinks fit under S.123 Local Government Act 1972. There is a legal duty to obtain best value, but a council can still sell a site for less than its market value, where a council can demonstrate the land sale will help to secure the improvement of the economic, social or environmental wellbeing of the local area, and the undervalue is only up to £2m less than market value. The use of land to enable the provision of affordable housing would be one such exception. The council must still comply with normal and prudent commercial practices, including obtaining the view of a professionally qualified valuer. The council must also comply with EU rules on providing state aid. 5.3. Contracts for the sale of an interest in land alone are exempt from the Public Contracts Regulations 2015 under Regulation 10(1)(a). However, a contract could be regarded as a public works contract within the scope of the Regulations if the sale agreement included development obligations for the purchaser. If the purchaser is under a positive contractual obligation to do specified works for the council, or for the council’s benefit, the disposal could fall within the scope of the Regulations. The value of the contract would then decide the procurement process, including the tendering process, which would have to be followed. If the proposed sale to SHCLT is supported, the council will need to have regard to the Regulations before any contractual arrangements are concluded. 5.4. The SHCLT have asked that the council give them first refusal to buy the council’s retained land. This would grant them a right of pre-emption, which would have to set out the terms of sale (or a mechanism by which they would be established). It would fetter the council’s ability to sell the land for another purpose or another use, not related to housing. There could be problems about selling below market value and a risk of challenge to the decision not to tender the land. At the moment there are special circumstances to support the present sale, but that is for approximately 1 acre of land and does not extend to agreeing to contract to sell the remainder of the site in the future, for which a defined need has not been established. 5.5. The SHCLT have also asked the council to consult with the SHCLT and take their views into account in respect of any future use, or change of use of the council’s retained land. The council could consult with SHCLT if there was a proposal to change the use of the retained land, provided it was also going to consult with others as well. The council could not promise to give their views any greater weight than anyone else’s, as this would not be seen as acting reasonably and fairly. 5.6. SHCLT also asked the council to agree that the council’s retained land will not be used for additional housing within 15 years from the date of completion of the SHCLT affordable housing scheme. .Agreeing not to use the council’s retained land for housing within 15 years of completion of the SHCLT project would unduly fetter the council’s ability to deal with its assets as it deems to be appropriate.
134 5.7. The land is presently let under an agricultural tenancy. This has the protection of the Agricultural Holdings Act 1986. The tenancy continues from year to year until brought to an end by the correct notice. Under the Act, a notice is invalid if it purports to terminate the current tenancy before the expiry of 12 months from the end of the then current year of the tenancy. This means that at least 12 months’ notice must be given and the tenancy must end at the end of the yearly tenancy, so the earliest date upon which the tenancy could be validly terminated is 1 October 2016. The tenant could agree to an earlier termination date. On termination of the tenancy, an agricultural tenant has the right to compensation for improvements made and for disturbance. 5.8. In this case, if planning permission is obtained, a notice to quit can be given on the grounds that the land is required for a use, other than for agriculture, where planning permission has been granted for development and that fact is stated in the notice. This can be contested by the tenant, who has a month to serve notice requiring the matter to go to arbitration. 5.9. A notice can be served without giving a reason for termination, but in that case, the tenant has a right to challenge that notice and could bring proceedings in the Agricultural Land Tribunal. The Agricultural Land Tribunal (except in very limited circumstances) is obliged to let the tenant remain in occupation. Those limited circumstances include that the landlord proposes to terminate the tenancy for the purpose of the land being used for a use, other than for agriculture, not falling within 5.11. However if that ground is not substantiated, the Tribunal is obliged to let the tenant remain in occupation.
Environmental 5.10. The provision of affordable housing adjoining or very close to rural settlements is permitted under Core Strategy Policy LN4: Exception sites for the provision of affordable housing. This policy seeks to enable the provision of affordable housing in areas where no significant development is proposed. 5.11. The design of any housing will need to be of a high quality and sympathetic to its location within the Cranborne Chase Area of Outstanding Natural Beauty. 5.12. Special consideration will need to be given to mitigating the risks created by the potential for surface water flooding that has been identified on the site.
Financial and Risk 5.13. The proposal is for the HA to acquire a 125 year leasehold interest in part of the council’s land with a consideration of up to £7,000/plot and for all of this consideration to be ‘recycled’ as grant aid paid by the council towards the cost of the scheme. This grant together with a further grant from the HCA would allow a housing scheme to progress with rents that are affordable for local people. The council would also sell the freehold reversion to the SHCLT for £1. 5.14. The council would have a loss or reduction in rent from its agricultural tenant (currently £25/annum) but would benefit from the payment of the New Homes Bonus from central government for each of the new housing units that were built.
135 Equalities 5.15. There are no protected characteristics that will be adversely affected by the recommendations in this report.
6. CONCLUSION 6.1. The council has the opportunity to support the provision of affordable housing to meet the local housing need that has been identified in Sixpenny Handley by making available land that it owns in the village. 6.2. This would be at virtually no cost to the council and would meet nine of the council’s corporate plan objectives.
Background Papers: CCPSG report entitled Land at Common Road, Sixpenny Handley dated 12 December 2014
Appendices: Appendix 1: Plan showing the location of the council-owned land at Common Road, Sixpenny Handley Appendix 2: Housing Research Report dated December 2013 and report to Sixpenny Handley with Pentridge Parish Council in January 2014 Appendix 3: Draft Heads of Terms Appendix 4: Project Plan
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164 Appendix 3
HEADS OF TERMS
Subject to Contract & Without Prejudice
For the Purchase of Land by
Sixpenny Handley Community Land Trust (SHCLT) and Y Housing Association (YHA) from East Dorset District Council (EDDC)
Dated [ ] June 2015
NARRATIVE
Sixpenny Handley Community Land Trust is a Community Benefit Society registered with the Financial Conduct Authority which plans to provide affordable homes for local people by working in partnership with a housing association in accordance with a model developed and supported by the Wessex CLT Project (WCLTP).
In July 2013 a Housing Needs Survey was conducted by Sixpenny Handley with Pentridge Parish Council and EDDC, the results of which indicated a need for ten to twelve homes (10 to 12), of varying type, which would require approximately one (1) acre of land. The area of land required will obviously differ dependent upon the type of home to be built i.e. homes for the elderly will require a larger footprint than those for younger residents and those with families. Please refer Annex A the Sixpenny Handley with Pentridge Parish Council ‘Housing Research Report’ dated December 2013 compiled by EDDC.
The establishment of a Community Land Trust for the parish of Sixpenny Handley with Pentridge was supported by the Parish Council in January 2014.
The SHCLT project to develop affordable housing was supported by the Parish Council and put to a community vote in May 2014 on the basis of the attached report from WCLTP at Annex B. The project is also supported by EDDC as part of its strategic housing role.
For the satisfaction of EDDC in its role as the local planning authority, the SHCLT has performed a detailed site review, looking as sites suggested via the Housing Needs Survey and by the Parish Council. This review has identified the EDDC land holding to the south of Common Road in the village as the only suitable and available exception site. The proposal to develop the land at Common Road was put to a community vote by SHCLT in January 2015 and received overwhelming support.
The intention is now to take the initiative forward in accordance with the attached Project Plan at Annex C. The Project Plan outlines the selection process to be conducted by SHCLT of a housing association. WCLTP has experience of at least two which are active in East Dorset and have developed schemes elsewhere on the principles set out in these Heads of Terms.
EDDC now requires authority from its Cabinet to be able to proceed further.
FREEHOLD LAND EDDC’s land in Sixpenny Handley is edged in red on the plan below. The land extends to c.3.7 acres with Registered Title Number DT340539. It is currently let on an annual rolling agricultural tenancy with twelve months’ notice required for vacant possession.
165 SHCLT seeks the acquisition of approximately one(1) acre of land in order to enable the proposed development of affordable homes.
The land for the proposed affordable homes would be located approximately within the area edged in green on the plan below; the precise boundary being unknown until feasibility work has addressed the type of properties to be built and the influence of certain constraints.
These constraints are as follows:
(1) The car park owned by Synergy Housing Group – shown shaded in yellow; (2) The additional parking for the school – shown shaded in purple. It should be noted that this piece of land is not included in the proposal by SHCLT for the affordable home scheme although it should be taken into account during design to satisfy planning requirements and general aesthetics; (3) The effect of surface water flooding, as recorded by the Environment Agency – shown shaded in blue; (4) The location of a surface water soak-away which is subject to an easement with Dorset County Council - shown as a black marker; and (5) The outlook from the existing homes on Common Road - shown in orange.
Note: plan not to scale.
PROPOSAL A development of ten to twelve (10 to 12) homes for affordable rent and shared ownership, together with all associated highways, services and landscaping.
166 Notes for Clarity Regarding Shared Ownership: Statutory Instruments 2009 No. 2098 Housing, England The Housing (Right to Enfranchise) (Designated Protected Areas) (England) Order 2009 and The Housing (Shared Ownership Leases) (Exclusion from Leasehold Reform Act 1967) (England) Regulations 2009. The former defines the rural parishes which will be protected for the purpose of retaining shared ownership houses. The latter sets out that shared ownership houses in these protected areas must be retained in perpetuity by either limiting the stair- casing to 80% of the equity or (less commonly) by allowing 100% stair-casing but requiring the shared owner to sell back to the HA and the HA to re-sell at a reduced shared equity to ensure future affordability. These provisions ensure that shared ownership properties are maintained as leasehold by the HA.
The proposed site can only be developed for affordable homes for local people on the basis of evidence of such a need and under the Christchurch and East Dorset Core Strategy Policy LN4: Affordable Housing Exception Sites. Evidence of local needs has been provided through the Sixpenny Handley with Pentridge Parish Council Housing Research Report, December 2013.
VENDOR East Dorset District Council, Furzehill, Dorset, BH21 4HN.
VENDOR’S SOLICITOR Legal Services Manager , East Dorset District Council, Furzehill, Dorset, BH21 4HN
PURCHASERS (1) Leasehold: YHA [Name and address to be supplied]; followed shortly by (2) Freehold: Sixpenny Handley Community Land Trust, Bodenham Cottage 5 The Hollow Sixpenny Handley Dorset, SP5 5NF
PURCHASERS’ (1) For YHA [Name and address to be supplied] SOLICITOR (2) For Sixpenny Handley Community Land Trust, Battens Solicitors Mansion House, Princes Street Yeovil, Somerset, BA20 1EP Tel: 01935 846000 Fax: 01935 846001
PURCHASE PRICE (1) Leasehold by YHA: up to £7,000 per plot inclusive of VAT, where a two storey pair of flats counts as one plot. There will be a deposit of 10% which is returnable if completion does not occur. (2) Freehold by SHCLT: £1.00 (GBP one pound).
VENDOR’S COSTS A contribution of [insert value] including VAT will be made by YHA partner towards the Vendor’s valuation costs.
OPTION AGREEMENT An Option Agreement will be entered into by the three parties within one (1) year of the date of these Heads of Terms being entered into. The Option Agreement will be drafted by SHCLT’s solicitor, subject to approval of the Option Agreement by EDDC.
167 Completion of the Option Agreement will be subject to a number of conditions as set out below:
CONDITION 1 – That access to the land is provided for SHCLT/YHA and their DUE DILIGENCE agents to carry out due diligence in the form of technical/ecological surveys and legal searches in order to prepare a planning application. The consent of the agricultural tenant of the land will be required for entry onto the land.
CONDITION 2 – That sufficient capital grant is allocated to YHA to ensure that the FINANCIAL VIABILITY development is viable. Such capital grant would be allocated by the Homes and Communities Agency subject to an acceptable bid by YHA and the reinvestment by EDDC of one hundred per cent (100%) of its capital receipt for the land.
CONDITION 3 – That full planning permission is obtained for the construction of the PLANNING APPROVAL proposed dwellings free of any onerous conditions or financial obligations that would render the scheme undeliverable.
CONDITION 4 – That the precise area of land to be sold by the Vendor to the SITE AREA Purchasers is formally agreed by the Vendor – as defined by a red line on a scaled drawing – before a planning application is submitted. The land will be sold subject to the matters contained or referred to in Title Number DT340539.
CONDITION 5 – That SHCLT and YHA maintain a vehicular access to the Vendor’s ACCESS retained land; the nature of the access to be agreed with the Vendor. The Transfer of the land will reserve rights for the Vendor’s retained land. That if any of the road, drainage and/or services for the scheme are to be provided over or under land not in the ownership of the Vendor then appropriate rights of use can be obtained from other parties by the Purchasers.
CONDITION 6 – That the Vendor in furthering the Option Agreement (but only its SUPPORT capacity as landowner but without fettering its statutory duties and responsibilities) will use its reasonable endeavours to enable SHCLT and YHA to complete the homes by December 2017; thereby satisfying a key condition of grant funding by the Homes and Communities Agency.
CONDITION 7 – That because the purchase price has been agreed on the basis of COVENANTS the proposed use, there will be a restrictive covenant within the Transfer that the land can be used for affordable residential housing use only.
CONDITION 8 – The housing should be constructed and fully occupied within three (3) TIMESCALES years of the land transfer.
CONDITION 9 – That all parties will be released from the Option Agreement if EDDC is OBTAINING VACANT unable, having used its best endeavours, to obtain vacant possession of the POSSESSION land.
CONDITION 10 – That all parties will be released from the Option Agreement if the RELEASE DATE disposals are not completed within three (3) years of the Option
168 Agreement being entered into.
CONDITION 11 – (1) That SHCLT will be consulted and its views taken into account, VENDORS’ RETAINED together with the views of all other consultees, in respect of any LAND future use, or change of use, of the Vendors’ Retained Land; and (2) The above point will be evidenced and detailed in the relevant legal documentation.
These Heads of Terms are intended to record the negotiations so far between the parties, in order to enable them to take the next steps to progress this project before considering entering into any legally binding agreement. The terms in these Heads of Terms are not exhaustive and are expressly subject to contract and the execution of a legally binding agreement.
These Heads of Terms are not intended to be legally binding between the parties and do not constitute a contract within the meaning of Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989.
Signed for and on behalf of East Dorset District Council
………………………………………………………………….……………. Name and Position Authorised Signatory
Signed for and on behalf of Sixpenny Handley Community Land Trust
………………………………………………………..……………………… Name and Position Authorised Signatory
169 This page is intentionally left blank
170 2015 2016 2017 Sixpenny Handley CLT Project Plan MayJunJul AugSepOctNovDecJan FebMarAprMayJunJul AugSepOctNovDecJan FebMarAprMayJunJul AugSepOctNovDec support in principle from the PC √ inaugural meeting of steering group √ agree draft partnership heads of terms √ consider and select legal form of CLT √ consider and agree governance issues √ CLT incorporated √ public meeting to consult on choice of site and present aims of the CLT √ application to EDDC for legal services funds √ secure EDDC legals services funds √ solicitor selected and appointed √ site search √ preferred site selected √ heads of terms agreed with EDDC officers EDDC Cabinet Committe Meeting 24 instruct solicitor to draft option agreement enter into option on land purchase ag. tenancy notice period (possibly shorten by agreement with tenant) land purchase and lease completed consider allocations issues with EDDC and Synergy √ agree provisionally the number, type and tenure of homes select and appoint housing association partner 171 obtain Community Buildings grant #1 √ select and appoint architect draft design brief and agree it with HA partner
Community Land Trust Community appoint feasibility surveyors pre-planning feasibility stage obtain Community Buildings grant #2 consultants perepare detailed planing applicatuion public meeting to consult on design planning application submitted planning application deliberation planning approval Section 106 agreement negotiated ground rents payable tender process preparation of reports internal scheme approval preparation of build contract build contract signed preparations to start start on site construction handover board approval to bid for HCA capital bid submitted to HCA Housing Assn Housing HCA bid deliberations HCA grant allocated This page is intentionally left blank
172 Agenda Item 10
CABINET 24 June 2015
Title: Dorset Superfast Broadband Contract 2
1. PURPOSE AND RECOMMENDATIONS
Purpose of Report: Contract 2 provides an opportunity to access over £1.5m of public and private external investment to transform a critical part of the county’s telecommunications infrastructure, delivering benefits for the first time, either to all or in part to an additional 55 Dorset communities. Recommendations: It is RECOMMENDED that: Cabinet note the delegated action taken by the Leader and Deputy Leader. Portfolio holders: Cllr Mrs Manuel – Community Cllr S Tong – Economy Cllr S Butler - Performance Wards: All Ward Members Contact Officer: Neil Farmer – Strategic Director
2. BACKGROUND 2.1. Delivery of superfast broadband remains a high priority for central government (BDUK). Phase 1 saw government investment of £750m which aimed nationally to provide superfast broadband coverage to 90% of UK homes and businesses by early 2016 and provide access to standard broadband (2mbps) for all. The Dorset phase 1 will deliver superfast broadband connectivity to 72,500 premises with a further 15,000 having speeds between 2mbps and 24mbps not covered by commercial roll out programmes. This equates to 95% of Dorset premises having superfast speeds with a further 2% having speeds in excess of 2mbps and 3% with a minimum of 2mbps. 2.2. The government’s phase 2 aims to increase superfast coverage across the county to 95% by 2017. A third phase is currently testing options to extend superfast coverage above 95% nationally using new or enhanced technologies. 2.3. The BDUK longer term plan is designed to support EU objectives in the Digital Agenda for Europe, which seeks to ensure that the entire EU be covered by broadband above 30mbps by 2020 and internet speeds of 100mbps to half of all households by 2020.
3. Dorset Superfast Broadband Contract 2 3.1. The Council’s Resources Committee on 30th July 2014 made the following resolution in regard to this Council signing up its support for the roll out of the second phase contract as detailed in para 2.2 above. Members resolved that:
173 (a) Members support this Council’s involvement in the BDUK phase 2 Dorset Project; (b) A contribution from unallocated reserves of £53,922 be approved, and; (c) A final decision on this Council’s support and funding for this project be considered once the formal tendering process has been completed. 3.2. BDUK in April 2015 agreed the necessary contract documentation with BT (the supplier) to bring about a contract change to accelerate deployment of Contract 2. A six month gap has been intended between the completion of Contract 1 September 2016 and the commencement of Contract 2 in March 2017. In order to speed up the overall roll out programme this six month gap is planned to be removed. 3.3. A formal tender for Contract 2 was received in April 2015 (only BT are in the framework) with a formal decision on awarding the contract planned for summer 2015. Prior to the general election BDUK placed pressure on projects to evaluate and approve returned tenders and sign contracts before 7th May 2015. 3.4. The Project Steering Board has delegated authority to recommend to the County Council as the ‘Responsible Body’ the awarding of the contract. Not unreasonably the County Council did not want to sign the contract until a Deed of Variation to the main Inter Authority Agreement has been signed. This document needed to be signed before the date of this meeting. 3.5. As a decision was required between 21st April 2015 (date tender was received) and 10th May 2015 (date this Council’s new Constitution came into effect) an urgent decision utilising the Councils previous constitution was necessary. Provisions in the constitution allow the Leader of the Council (or in his absence the Deputy Leader), the relevant Lead Member (Economy) and any Ward Members (not relevant in this case) to make an executive decision. As the tender price was over £50,000 (defining a key decision) the Chairman of Scrutiny and Policy Development was also consulted. 3.6. After being formally advised by the Chief Executive and Strategic Director the Leader and Deputy Leader agreed to formally support this councils continued support for Contract 2 - recommendation 3.1 (c) above. 3.7. Contract 2 will provide added infrastructure that exceeds the national target of 95% superfast broadband coverage. By April 2018 at the latest, across the whole of Dorset, Bournemouth and Poole the project should provide an average coverage to 97% of premises with access to superfast broadband (at least 24mbps). This will be 2% above the government’s national target. 3.8. The bid models a further 3,094 premises connected to the fibre network with 2,643 above superfast speeds (reducing the non-superfast number of premises in Dorset to just under 11,000 (3%) 3.9. In East Dorset Contract 2 will deliver superfast speeds to an additional 210 premises located in the following areas, which will leave approximately 1,100 premises with a minimum service of 2mbps: (a) Broomhill (b) more of Holtwood (c) rest of Horton
174 (d) rest of Sturminster Marshall (e) rest of Woodlands 3.10. Appendix 1 to this report details the areas of the district that will not be covered after the completion of Contract 2. Under Contract 1 any project underspend will be reinvested in further expansion of the speed and coverage template across Dorset. In addition once take-up of new superfast services reaches 20% (currently take-up stands at 13%) further capital resources are released over the life of the overall programme (7 years) to further advance the speed and coverage template. Subject to these factors coming to fruition and advancements in new technologies being introduced further in-roads are expected to be made to address the rural deficit that will remain after the completion of Contract 2. That said the government’s target of 100% coverage is not planned until 2020 so progress on addressing the rural deficit is unlikely to be advanced quickly.
4. IMPLICATIONS
Corporate Plan & Council Objectives 4.1. C2 - Improve opportunities for young people to live healthy and successful lives 4.2. EC 1- Create conditions for existing and new businesses to thrive 4.3. PER 2 - Ensure Council resources are used efficiently and effectively
Legal 4.4. All the Dorset Councils are party to a Collaboration Agreement dated 21st January 2013 setting out an arrangement between themselves in respect of the delivery of the Local Broadband Plan in Dorset (“the Agreement”). The Programme (as defined in the Agreement) has been extended to take account of the additional funding to undertake work detailed in Contract 2. 4.5. A Deed of Variation has been prepared to consolidate both the original Agreement and Contract 2 into one legal document setting out each council’s total funding contributions.
Environmental 4.6. Universal provision of superfast broadband is critical to the future economic and social prosperity of the county of Dorset. The Superfast Dorset programme aims to deliver the most appropriate superfast broadband (over 24mbps) solution for communities, maximising benefits in a cost effective manner across the business and domestic community. 4.7. Greater availability of superfast broadband across Dorset will provide a platform and catalyst to boost economic growth, transform public services, deliver digital inclusion and bring new opportunities to individuals across the business and domestic community.
Financial and Risk 4.8. Contact 2 has a total local authority investment of £1.409m, of which this council is contributing £53,000 capital. This will lever in a matched investment of £1.409m from central government (BDUK) and an additional capital
175 investment of £0.16m from the supplier. The total public sector capital made available in the Invitation to Tender (ITT) was £2.82m; the response from BT (the supplier) has made use of £2.6m of this available sum. 4.9. The project will seek to use this difference (£216,358) to offset the revenue cost required to maintain the Superfast Dorset project team throughout the deployment phase of Contract 2. 4.10. The programme is inherently risky in that it is working in some of the hardest to reach areas of the county not served by either the private sector commercial roll out or Superfast Dorset Contract 1, involves dispersed civil engineering works across the county and utilises cutting edge technology in a rural area. This risk in part accounts for the high per premise cost of providing Superfast Broadband to the predominately rural parts of Dorset. 4.11. In that context, management of risk is particularly important. A programme risk register and issues log are maintained and regularly reviewed by the Programme Steering Group.
Equalities 4.12. This report builds on the existing Superfast Dorset project work carried out to date, which has been subject to an equalities impact assessment that confirmed the positive impact that improved broadband will have. Some hard to reach areas may not achieve significant speed uplifts – these will tend to be in the most rural parts of the county and actions set out in this report will help address these areas.
5. CONCLUSION 5.1. Universal provision of superfast broadband is critical to the future economic and social prosperity of the county of Dorset. The programme aims to deliver the most appropriate superfast broadband (over 24 mbps) solution for communities, maximising benefits in a cost effective manner across the business and domestic community. 5.2. At this time there is only one viable route available to achieve the ambition to connect more of rural Dorset at superfast speeds and realise the benefits identified in the Dorset Local Broadband Plan. 5.3. After the completion of Contract 2 approximately 10,000 premises across Dorset (1,100 in East Dorset) will mostly rely on new advanced technologies and further, government, local authority and private investment to achieve the government’s 2020 target of 100% superfast coverage at speeds in excess of 30mbps.
Appendices Appendix 1 – Areas in East Dorset not covered in part of full at this time
Background Papers: https://www.dorsetforyou.com/broadband/map https://search.siteimprove.com/search.aspx?pckid=1443979479&aid=466928&s w=+Broadband+Plan
176 Appendix 1
Areas in East Dorset not covered in part or full at this time
1. Almer 2. Cashmoor 3. Crendell 4. Cripplestyle 5. Deanland 6. Edmonsham 7. Gaunts Common 8. Gussage St Andrew 9. Gussage St Michael (part) 10.Hinton Parva 11.Holt (part) 12.Long Crichel 13.Minchington 14.Manswood 15.Mapperton 16.Shapwick 17.Stanbridge 18.Pentridge 19.Wimborne (part) 20.Woodcutts
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178 Agenda Annex
SCRUTINY AND POLICY 9 June 2015 DEVELOPMENT COMMITTEE
Title: Work Programme
1. PURPOSE AND RECOMMENDATIONS
Purpose of Report: To advise Members on the Work Programme for the Scrutiny and Policy Development Committee. Recommendations: It is RECOMMENDED that: Members note the Work Programme. Portfolio Holder: Councillor Steve Butler – Performance Wards: Council-wide Contact Officer: Lee Ellis – Scrutiny Officer
2. BACKGROUND 2.1. In order to forecast and monitor the work of the Committee in a structured way a work programme has been created and will appear at each meeting of the Scrutiny and Policy Development Committee.
3. IMPLICATIONS
Corporate Plan & Council Objectives 3.1. Matters for decision or consideration contained within the work programme will link to the Council’s objectives, as set out in the Corporate Plan.
Legal 3.2. There are no legal implications associated with this report.
Environmental 3.3. There are no environmental implications associates with this report.
Financial and Risk 3.4. There are no financial or risk implications associated with this report.
Equalities 3.5. There are no equalities implications associated with this report.
4. CONCLUSION 4.1. Members are requested to note the work programme
Background Papers: None Appendices: Appendix 1 – Scrutiny and Policy Development Committee Work Programme
179 Scrutiny and Policy Development Committee Work Programme Appendix 1
Date Of Meeting Of Matter For Decision/Consideration Consultees Means Of Documents Relied Lead Officer The Scrutiny and Consultation Upon In Making Policy The Decision Development Committee 9 June 2015 Development Management Charter Giles Moir
Partnership Economic Growth Strategy Dave Barnes and Local Delivery Plan
Ward Budgets Judith Plumley
Capital and Revenue Outturn 2014/15 Debbie Wiltshire
Work Programme Lee Ellis
7 July 2015 Schedule of Key Decision Items for
180 Cabinet
Overview of the Christchurch and East Matti Raudsepp Dorset Partnership Development Strategy Matti Raudsepp Update on Information and Communications Technology Matti Raudsepp Update on the Telephony System and Planning for the Future Sean Whitney Crime and Disorder Annual Report
Update on the Dorset Waste Lindsay Cass Partnership Combined Authorities (TBC)
Scrutiny and Policy Development Lee Ellis Annual Report 2014/15
Accommodation Project Update Matti Raudsepp
Work Programme Lee Ellis
1 September 2015 Schedule of Key Decision Items for Cabinet
Update on the Verwood Arts and Judith Plumley Leisure Amenities
181 Accommodation Project Update Matti Raudsepp
Work Programme Lee Ellis
29 September 2015 Schedule of Key Decision Items for Cabinet
Medium Term Financial Strategy Debbie Wiltshire
Accommodation Project Update Matti Raudsepp
Work Programme Lee Ellis
27 October 2015 Schedule of Key Decision Items for Cabinet
Grounds Maintenance – Reviewing Judith Plumley Operating Standards and Efficiencies
Accommodation Project Update Matti Raudsepp
Suggestions for future Task and Finish Lee Ellis Groups
Work Programme Lee Ellis
24 November 2015 Schedule of Key Decision Items for Cabinet
Annual Report on Regulation of Sophia Nartey Investigatory Powers Act
182 Accommodation Project Update Matti Raudsepp
Work Programme Lee Ellis
22 December 2015 Schedule of Key Decision Items for Cabinet
Progress on recommendations from the Lee Ellis Fly Tipping Task and Finish Group.
Accommodation Project Update Matti Raudsepp
Results of the 2015 Staff Survey Matti Raudsepp
Work Programme Lee Ellis 26 January 2016 Schedule of Key Decision Items for Cabinet
Work Programme Lee Ellis
Accommodation Project Update Matti Raudsepp
23 February 2016 Schedule of Key Decision Items for Cabinet
New Corporate Plan Matti Raudsepp
Accommodation Project Update Matti Raudsepp
183 Work Programme Lee Ellis
29 March 2016 Schedule of Key Decision Items for Cabinet
Update following Review of Street Lindsay Cass Cleaning Services
Update on the Dorset Homelessness Steve Duckett Strategy
Residents Survey Matti Raudsepp
Accommodation Project Update Matti Raudsepp
Work Programme Lee Ellis May/June 2016 Schedule of Key Decision Items for Cabinet
Review of the People Strategy Matti Raudsepp
Work Programme Lee Ellis
April 2016 Scrutiny Member Workshop – Work Programme
Autumn 2015 Budget Task and Finish Group 184 Agenda Item 11
Dorset Leaders’ and Chief Executives’ Group - 19 March 2015
Notes
Executive Summary
Leaders were given an update about the status of the DWP and agreed to provide oversight while existing Joint Scrutiny arrangements are revised. Leaders were informed about the issues with the on and off-street parking service and agreed that more work was urgently needed.
185 Present: Elaine Atkinson (EA) Leader, Poole Borough Council (+ Chair) Robert Gould (RG) Leader, Dorset County Council Anthony Alford (AA) Leader, West Dorset District Council Mike Byatt (MB) Chairman of the Management Committee, Weymouth and Portland Borough Council John Beesley (JB) Leader, Bournemouth Borough Council Ray Nottage (RN) Leader, Christchurch Borough Council Ian Monks (IM) Leader, East Dorset District Council Gary Suttle (GS) Leader, Purbeck District Council Graham Carr-Jones (GC-J) Deputy Leader, North Dorset District Council
Steve Mackenzie (SM) Chief Executive, Purbeck District Council Debbie Ward (DW) Chief Executive, Dorset County Council Matt Prosser (MP) Chief Executive, North Dorset District Council, West Dorset District Council and Weymouth and Portland Borough Council David McIntosh (DM) Chief Executive, Christchurch and East Dorset Partnership
In attendance: Tom Francis (TF) National Management Trainee (+ notes)
Apologies: Deborah Croney Leader, North Dorset District Council Becky Forrester Policy Officer, Dorset Councils Working Together
Leaders’ and Chief Executives’ Group
1 Notes and Matters Arising
With regard to the Community Safety Partnership (Item 8), Leaders agreed that Weymouth and Portland Borough Council should be approached again after the election.
2 NavitusBay Update
JB tabled a paper, noting that it provided an update on the status of the current work. People opposing the development have developed a robust case. JB also noted that after a recommendation had been given, there will be intense lobbying.
RN and JB re-emphasised the need for a single voice. 3 Leaders’ and Chief Executives’ Group Forward Plan
Leaders added Superfast Dorset and Navitus as an item in May. They also requested that the SEP revision be added as an item in July.
4 The Dorset Waste Partnership
SM presented the item on the DWP and noted that there was an overspend of £2.5 mil. at the end of February.
WYG are supporting the action plan and acting as the interim director of the DWP whilst completing a handover to the new director of operations. He also
186 noted that progress is being made.
AA noted that the meeting of the joint committee responded to three separate reports and that officers have done a lot of work. He noted that there was a lack of a member voice and view and that the committee was trying to think strategically whilst making operations more efficient.
AA also noted that any scrutiny by the Growth Board should be done at arms length and be short term. MB noted that if the group is scrutinising, each member’s own scrutiny groups should be informed. SM noted that the Growth Board was meant to give oversight, not scrutiny and that the commission would not last longer than six months.
The group resolved to clarify scrutiny for the next meeting and put it on the SM/DW agenda.
5 Dorset Wide On and Off-Street Parking Service
DW introduced the item and noted that detailed work has been completed but that the delivery was late and that the issue needed to be resolved.
AA stated that the business case has to be proven and RN noted that the issue is one of quality of service and that work needs to move on.
DW stated that she would come back with due diligence at the next meeting in DW May.
AOB AOB
There was no AOB
Date of next meeting: Friday 29 May, 3pm, Bournemouth Borough Council
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188 Agenda Item 12
Dorset Leaders’ Growth Board -19 March 2015
Notes
Executive Summary
Leaders were briefed on the skills situation in Dorset and the role of the Employment and Skills Board by Lawrence Vincent Leaders were updated on European funding streams and the role of the ESIF Board and asked for a further report on the Board’s role Leaders were updated on the progress of the TCA Project by Tom Grainger and supported the continuation of the current work streams Leaders supported the development of the ‘Western Growth Hub’ with the proviso that the name is changed to avoid potential confusion Leaders were updated on the latest state of the Superfast Dorset Project by Dugald Lockhart and noted various issues with funding the next stage Leaders discussed the commercialisation agenda in Dorset and gave their support to further investigations into best practice nationally
189 Present: Elaine Atkinson (EA) Leader, Poole Borough Council Robert Gould (RG) Leader, Dorset County Council (+ Chair) Anthony Alford (AA) Leader, West Dorset District Council Mike Byatt (MB) Chairman of the Management Committee, Weymouth and Portland Borough Council John Beesley (JB) Leader, Bournemouth Borough Council Ray Nottage (RN) Leader, Christchurch Borough Council Ian Monks (IM) Leader, East Dorset District Council Jitinder Takhar (JT) Deputy Chairman, Dorset LEP Gary Suttle (GS) Leader, Purbeck District Council Graham Carr-Jones (GC-J) Deputy Leader, North Dorset District Council
Tony Williams (TW) Chief Executive, Bournemouth Borough Council Andrew Flockhart (AF) Interim Chief Executive, Borough of Poole Steve Mackenzie (SM) Chief Executive, Purbeck District Council Debbie Ward (DW) Chief Executive, Dorset County Council Matt Prosser (MP) Chief Executive, North Dorset District Council, West Dorset District Council and Weymouth and Portland Borough Council David McIntosh (DM) Chief Executive, Christchurch and East Dorset Partnership
In attendance: Tom Grainger (TG) Consultant, Item 4 Lorna Gibbons (LG) Director, Dorset Local Enterprise Partnership Tom Francis (TF) National Management Trainee (+ notes) Matt Piles (MPS) Head of Economy, Dorset County Council, Item 3 Dugald Lockhart (DL) Senior Project Manager, Superfast Dorset Project, Item 7 Lawrence Vincent (LV) Manager of the Employment and Skills Board, Item 2 Adrian Trevett (AT) Economic Development Manager, Borough of Poole, Item 2
Apologies: Deborah Croney Leader, North Dorset District Council Gordon Page Chairman, Dorset LEP Becky Forrester Policy Officer, Dorset Councils Working Together
Item Leaders’ Growth Board Action
1 Notes and Matters Arising The notes of the meeting held on 22 January were agreed. Item 5 (Lobbying) DW agreed to come back to the next meeting with a report on the actions DW undertaken around lobbying. TW noted that there had been no response from Network Rail to lobbying and TW agreed to follow up any response.
2 Supporting the Skills Agenda
EA introduced the agenda and noted the importance of skills for local authorities, the LEP, education providers and businesses before introducing LV and AT.
LV made a number of points and responded to various questions from the group. Specifically, the following points were made:
190 - To get an overview of skills across Dorset the Growth Board should invite all principles and the 14-18 group. - The Employment and Skills Board has developed a skills plan and is moving it into the delivery phase. - The Board has got some funding and may seek match and EU funding in year 2. - There are a number of issues regarding education and skills in Dorset’s schools, including a lack of quality advice, a lack of awareness of apprenticeships, and low non-grammar school GCSE results. - Generally Dorset has been successful in dealing with NEETs and has some of the lowest figures in the country. - Colleges are not accountable to the economic plan and the LEP and so more influence over them is needed.
Leaders noted LV’s points and his call to invite principles to speak.LG and JT both noted the work of the LEP and the need to make its work more focused.RG and EA thanked LV for attending and noted that the topic was of critical importance to Dorset.
3 EU Structural and Investment Funds (ESIF)
MPS presented a report on the latest developments of the ESIF and noted the good relationship between councils and the LEP when working on it. He noted that there was negotiation between the Government and the EU on the role of the committee. LG noted that the ESIF committee has an advisory role, but that its advice should be followed unless it is technically incorrect. LG explained that there was confusion nationally and that some EU language had contributed to this.
MB noted that it was important for Leaders to be aware of ESIF funding streams and who sat on the ESIF committee, and noted that decisions were to be made in June.
RN, EA and JB noted that there was little clarity over the role of the committee and that this had changed since the previous agreements were made.
EA requested that a further report come to the group on the role of the ESIF MPS/LG committee.
AA noted that there were risks associated with the current governance structure.
LG noted that much of the funding has been matched by Government funding (50%) and that more funding is expected.
MPS concluded by stating that whilst there was ambiguity in the governance model, they were still waiting for final guidance from the EU and from Government.
4 Improving Governance to Deliver Dorset’s Economic Potential (Transformation Challenge Award)
TG gave his apologies for the late paper and noted that there were two main points to update the board on: the progress of the consultation and the current
191 work streams.
TG explained the difficulties with the consultation and the low response rate, noting that this was caused by a number of factors, including the upcoming election, the subject matter, the difficulty in contacting stakeholders and the multiple options that were being consulted on.
TG noted that a focus group had taken place in Dorchester and another was planned in Poole for the evening of the 19th which are intended to give more detailed feedback. He reminded the group that the consultation was focusing on stakeholders, not the general public.
TG explained that Chief Executive’s had discussed the project’s work streams and had set leads for them. The report recommended that these work streams be supported by the group.
RG and MB noted that the timetable has to be kept to and that momentum has to be maintained. MB also noted that council decision making has to be coordinated.
EA noted that Poole had won a loan for housing development zones through its work with various groups, showing how Dorset LA’s are working well together.
The group concluded the current work streams should be continued and that TG/BF momentum should be maintained.
5 LEP-Growth Board Communication
LG raised the highlight report that had been given to the group. The group noted the report and stated that much of it had already been discussed in other items.
6 Western Growth Hub
EA introduced the item and noted the success of the Dorset Growth hub. It was noted that the name ‘Growth Hub’ might get confused with the Dorset Growth Hub and so should be changed.
MP noted that the name could be changed easily and asked that the Board MP acknowledge that the area involves the Tri-Partnership and DCC.
AA stated that it would be good to achieve a balance throughout the LEP region and that this would be helpful.
TW asked for some guidance on projects such as Jurassica so that Bournemouth can respond more easily to requests and make informed decisions. MP stated that he would make sure that a briefing was given to Bournemouth.
MB noted the importance of leisure culture and RN stated his concern over the issue of local infrastructure vs. one Dorset, noting that Government increasingly requires deals to be done with wider regions. RG concluded by noting the need to look at Dorset’s infrastructure as a whole.
7 Superfast Dorset
192 DW introduced the item, noting that there was an issue with the future priorities of the project.
DL presented and gave an update to the group about the progress of the project, noting amongst other things that:
- There had been meetings with the chief executive of BDUK which had given a sense of confidence - The work that needs doing will have to be part of a long term plan - A business broadband voucher scheme has been set up in Bournemouth - Though CG prefers to focus on cities, it is up to the local authorities to define the city region, which could extend to the LEP area.
AA and RN both noted that future payment was a critical issue. RN enquired whether the LEP could contribute funding. LG stated that any LEP money would have to come from the Growth Fund otherwise the LEP would not be able to contribute funding.
DW stated that they should develop growth links to the LEP and keep central DW government informed of Dorset’s position to inform their own broadband agenda.
8 Commercialisation
TW noted that more commitment is needed and that those councils who are doing well in terms of commercialisation are ones with the longest experience.
JB suggested that the group establish what can be done by looking into having a board structure formed around a limited company with a number of commercial enterprises underway. JB noted that whilst opportunities vary from authority to authority more partners can create a ‘critical mass’. He recommended that the Growth Board give leadership to support it.
TW stated that there should be a link between commercialisation and joint BF lobbying at the next meeting.
9 Growth Board Forward Plan
The group noted that Delivering Dorset’s Economic Potential should be BF discussed at the next meeting and that commercialisation should be put on the Forward Plan and merged with integrated lobbying.
Date of next meeting: Friday 29 May, 3pm, Bournemouth Borough Council
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194 EAST DORSET DISTRICT COUNCIL LEADER’S FORWARD PLAN FOR THE PERIOD 1 JUNE 2015 TO 30 NOVEMBER 2015
This Forward Plan sets out the details of the key and non-key decisions which the Executive Cabinet, individual Executive Members or Officers expect to take during the period of this plan. It provides an indicative date for matters to be considered by the Cabinet. Where possible, the Cabinet will keep to the dates shown in the plan. However, it may be necessary for some items to be rescheduled and other items added. The Plan is rolled forward every month and is published in hard copy and on the Council’s web site.
A key decision is an Executive decision which is either -
(a) likely to result in the Council incurring expenditure which is, or the making of savings which are, significant having regard to the local authority’s budget for the service or function to which the decision relates. For this purpose “significant expenditure or savings” shall mean: Revenue – Any contract or proposal with an annual payment of more than £50,000; and Capital – Any project with a value in excess of £100,000); or
195 (b) to be significant in terms of its effects on communities living or working in an area comprising two or more wards in the area of the local authority, in the opinion of the Monitoring Officer (or the Deputy Monitoring Officer in his/her absence), in consultation with the respective local Ward Member(s)). The current members of the Executive Cabinet are:
Councillor Ian Monks Leader of the Council Councillor Simon Tong Deputy Leader of the Council and Portfolio Holder for Economy Councillor Barbara Manuel Portfolio Holder for Community Councillor Mike Dyer Portfolio Holder for Environment
Councillor Simon Gibson Portfolio Holder for Housing Agenda Item 14 Councillor Steve Butler Portfolio Holder for Performance
Anyone wishing to make representations about any of the matters listed below may do so by contacting the relevant portfolio holder or officer listed against each key decision.
Members of the public are welcome to attend meetings of the Cabinet which are held at the Council Offices, Furzehill, Wimborne, Dorset BH21 4HN. The dates and times of the meetings are published on www.dorsetforyou.com or you may contact the Democratic Services Section on telephone number 01202 795170 for further details.
Councillor Ian Monks Leader of the Council Publication Date: 15 June 2015
Details of the Decision to Relevant Expected Proposed Method(s) of Documents to Representation Decision to be be taken by Portfolio Date of Consultees Consultation be s may be made taken Holder Decision considered to the following by Decision officer by the taker date stated Partnership Cabinet Portfolio Holder 24 Jun 2015 Dave Barnes, Economic for Economy Strategic KEY Growth Strategy (Councillor Director and Local Simon Tong) Delivery Plan
Development Cabinet Portfolio Holder 24 Jun 2015 Giles Moir, Management for Environment Development
Charter (Councillor Management Mike Dyer) Manager
196 Capital and Cabinet Portfolio Holder 24 Jun 2015 Debbie Revenue for Wiltshire, KEY Outturn 2014/15 Performance Partnership (Councillor Financial Steve Butler) Services Manager
Members' Ward Cabinet Portfolio Holder 24 Jun 2015 Gary Foyle, Budgets for Community and KEY Communities Recreation (Councillor Mrs Team Leader Barbara Manuel) Superfast Cabinet Portfolio Holder 24 Jun 2015 Neil Farmer, Broadband for Economy Strategic
Contract 2 (Councillor Director Simon Tong)
Details of the Decision to Relevant Expected Proposed Method(s) of Documents to Representation Decision to be be taken by Portfolio Date of Consultees Consultation be s may be made taken Holder Decision considered to the following by Decision officer by the taker date stated Heathland Cabinet Portfolio Holder 29 Jul 2015 Simon Trueick, Supplementary for Environment Partnership KEY Planning (Councillor Planning Policy Document Mike Dyer) Manager
Office Cabinet Portfolio Holder 16 Sep 2015 Lindsay Cass, Accommodation for Head of KEY Project Performance Environmental (Councillor Services Steve Butler) Revenue Budget Cabinet Portfolio Holder 16 Sep 2015 Debbie 197 Monitoring for Wiltshire,
Quarter 1 Performance Partnership 2015/16 (Councillor Financial Steve Butler) Services Manager
Corporate Plan Cabinet Portfolio Holder 14 Oct 2015 Barbara Boot, Progress Report for Organisational
- Half Year Performance Development (Councillor Advisor Steve Butler) Medium Term Cabinet Portfolio Holder 11 Nov 2015 Debbie Financial for Wiltshire, KEY Strategy (MTFS) Performance Partnership Update (Councillor Financial Steve Butler) Services Manager
Details of the Decision to Relevant Expected Proposed Method(s) of Documents to Representation Decision to be be taken by Portfolio Date of Consultees Consultation be s may be made taken Holder Decision considered to the following by Decision officer by the taker date stated Revenue Budget Cabinet Portfolio Holder 11 Nov 2015 Debbie Monitoring for Wiltshire,
Quarter 2 Performance Partnership 2015/16 (Councillor Financial Steve Butler) Services Manager
198