Decisions

Use the below search options at the bottom of the page to find information regarding decisions that have been taken by the council’s decision making bodies since 18 May 2018.

Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by council officers.

Decisions published

31/10/2021 - Planning, Listed Buildings and Tree Preservation Order Decisions October 2021 ref: 1415    Recommendations Approved

To agree the Applications for Planning Permission and Other Consents under the Town and Country Planning Act and Associated Legislation for October 2021

Decision Maker: Assistant Director Economic Growth

Decision published: 21/02/2022

Effective from: 31/10/2021

Decision:

Individual decisions made in accordance with the provisions of the relevant legislation are detailed on the attached document.

Lead officer: Dave Coates


31/10/2021 - Various licence applications/permissions/consents made under the Licensing Act 2003 for the month of October 2021 ref: 1380    Recommendations Approved

Various licence applications/permissions/consents made under the Licensing Act 2003 for the month of October 2021

Decision Maker: Group Director of Services

Decision published: 21/12/2021

Effective from: 31/10/2021

Decision:

Individual decisions made in accordance with the provisions of the relevant legislation are detailed on the attached document

Lead officer: Brian Murray


04/11/2021 - Marriage Room Relocation ref: 1366    Recommendations Approved

As a result of the pandemic and the need to hold meetings in larger venues there has been an intensification of the use of the Council Chamber for democratic meetings, which is likely to continue. Accommodating an increased number of democratic meetings in the Chamber as well as using the Chamber for marriage ceremonies is proving problematic, both in terms of availability but also the setting up the venue for differing meeting layout requirements.

Some smaller weddings already take place in Committee Room 4 (which will continue) and it is proposed to move the venue for the larger weddings from the Council Chamber to Committee Room 2, with effect from the end of January 2022.

A report will be taken to Licensing Committee on the 25 January 2022 for approval of the use of Committee Room 2 for ceremonies of up to 50 people

Decision Maker: Assistant Director Law and Governance

Decision published: 01/12/2021

Effective from: 04/11/2021

Decision:

To relocate the marriage room for larger weddings from the Council Chamber to Committee Room 2 with effect from the end of January 2022.

Reasons for Decision
To facilitate the intensification of use of the Council Chamber for democratic meetings and in order to enable a dedicated marriage room to be permanently available for larger weddings

Lead officer: Luke Swinhoe


04/11/2021 - Naming and numbering of streets on a new housing development at Berrymead Farm, Beaumont Hill, Darlington ref: 1353    Recommendations Approved

Names suggested by the Street Naming and Numbering Officer and agree with the developers – Tayberry Way, Mulberry Avenue, Boysenberry Close, Cloudberry Close, Dewberry Lane, Tummelberry Close, Huckleberry Close, Blueberry Drive, Strawberry Drive, Bilberry Way, Cranberry Way, Gooseberry Grove, Blackberry Grove, Raspberry Grove, Loganberry Grove.


The joint developers of the site, Taylor Wimpey and Persimmon Homes requested the Council name and number the streets, which was agreed as detailed above and shown on the plan.

Decision Maker: Assistant Director Highways and Capital Projects

Decision published: 16/11/2021

Effective from: 04/11/2021

Decision:

To approve street naming and numbering

Reasons for the Decision(s)
Streets to be named in accordance with the Public Health Act 1925, Section 17

Lead officer: Anthony Hewitt


09/11/2021 - Development of Eastbourne Sports Complex ref: 1349    Recommendations Approved

Refurbishment of athletics track, provision of an additional artificial grass pitch and improved on-site parking.

Decision Maker: Cabinet

Made at meeting: 09/11/2021 - Cabinet

Decision published: 12/11/2021

Effective from: 20/11/2021

Decision:

The Cabinet Member with the Health and Housing Portfolio introduced the report of the Group Director of Services (previously circulated) requesting that consideration be given to the options for the refurbishment and development of outdoor facilities at Eastbourne Sports Complex.

 

The submitted report stated that the Eastbourne Sports Complex, which had opened in 1999, had operated successfully for the past 22 years and continued to provide the Council’s key outdoor sports facilities that contributed to the Council’s vision and outcomes as well as contributing to the majority of the Council’s Portfolios.  The site provided a range of facilities and a number of athletic and football clubs used the site on a weekly basis, as well as a range of partners, schools and casual users, generating approximately 170,000 visits a year.

 

It was reported that there were currently a number of issues and opportunities to consider with regard to Eastbourne Sports Complex, namely the athletics track which was now at the end of its life cycle; the provision of an additional Artificial Grass Pitch (AGP), using an in principle offer of up to £700,000 towards the cost from the Football Foundation, and access and egress arrangements for the site.

 

Particular refences were made to the four options available; the financial implications of each of those options; the VAT implications; and the preferred option (Option 4) which would see the provision of an additional APG, refurbishment of the athletic facilities and improvements to car parking facilities on and off site.

 

In welcoming the proposals, a Member raised a concern in respect of the VAT implications on particular groups and the options available to the Council.  The Cabinet Member with the Health and Housing Portfolio and the Group Director of Operations responded thereon.

 

RESOLVED – (a)  That the refurbishment of the athletics track, the provision of an additional Artificial Grass Pitch and improved parking and traffic management arrangements, as detailed in paragraphs 35(d) and 36(d) of the submitted report, which would be subject to the outcome of the application to the Football Foundation for £700K.

(b)   That it be recommended to Council that £1.610M of Council funding for the scheme, be released, to be financed through prudential borrowing and capital receipts.

 

(c)  That the procurement of goods/services and works for the refurbishment and the development of the facilities be deemed non-strategic.

 

REASONS – (a)  To ensure that the Council continues to provide an appropriate competition standard athletics facility in the town.

 

(b)  In line with the Playing Pitch and Facilities Strategy provide an additional Artificial Grass Pitch at Eastbourne working in partnership with the Football Foundation.

 

(c)  Eastbourne Sports Complex contributes to the Council’s Vision and Portfolio priorities as the Council’s main outdoor sporting hub. The investment modernises facilities and will support the transformation of services and improve the facilities available for residents of the Borough.

 

(d)  Cabinet do not have the delegated authority to approve capital expenditure over £0.5m in one financial year.

 

(e)  To comply with the Contract Procedure Rules requirement that all tenders over £100,000 are presented to Cabinet to determine if they are strategic or non-strategic.

 

Wards affected: Stephenson;

Lead officer: Charleen Dods


09/11/2021 - Schedule of Transactions ref: 1352    Recommendations Approved

To consider terms negotiated by the Director, on behalf of the Council, to enable contractually binding contract(s) to be completed.

Decision Maker: Cabinet

Made at meeting: 09/11/2021 - Cabinet

Decision published: 12/11/2021

Effective from: 20/11/2021

Decision:

The Cabinet Member with the Resources Portfolio introduced the report of the Chief Executive (previously circulated) requesting that consideration be given to the Schedule of Transactions (also previously circulated).

 

RESOLVED – That the Schedule of Transactions, as detailed in the submitted report, be approved, and the transactions be completed on the terms and conditions detailed therein.

 

REASONS – The terms negotiated require approval by Cabinet before binding itself contractually to a transaction.

 

Wards affected: (All Wards);

Lead officer: Barbara Strickland


09/11/2021 - Project Position Statement and Capital Programme Monitoring - Quarter Two ref: 1350    Recommendations Approved

To provide a summary of the latest Capital resource and commitment position, to inform monitoring of the affordability and funding of the Council’s capital programme.

Decision Maker: Cabinet

Made at meeting: 09/11/2021 - Cabinet

Decision published: 12/11/2021

Effective from: 20/11/2021

Decision:

The Cabinet Member with the Resources Portfolio introduced the report of the Group Director of Operations and the Group Director of Services (previously circulated) providing a summary of the latest Capital resource and commitment position, to inform monitoring of the affordability and funding of the Council’s capital programme; an update on the current status of all construction projects currently being undertaken by the Council; and requesting that consideration be given to a number of changes to the programme.

 

The submitted report stated that the projected outturn of the current Capital Programme was £268.563M against an approved programme of £268.815M; the investment was delivering a wide range of improvements to the Council’s assets and more critically services; the programme, including commitments, remained affordable within the Medium Term Financial Plan (MTFP) for 2021/22 to 2024/25; the Council currently had 46 live projects, with an overall projected outturn value of £138.692M, the majority of which were running to time, cost and quality expectations, but were being monitored given the current pressures on resources in the construction sector nationally; and that the projects were managed either by the Council’s in-house management team, a Framework Partner or by Consultants source via an open/OJEU tender process.

 

RESOLVED - (a)  That the status position on construction projects, as detailed in the submitted report, be noted.

 

(b)  That the projected capital expenditure and resources, as detailed in the submitted report, be noted.

 

(c)  That the adjustments to resources, as detailed in paragraph 23 of the submitted report, be approved.

 

(d)  That an additional £652,000, as detailed in paragraphs 19(d) and 23 of the submitted report, be released.

 

REASONS - (a)  To inform Cabinet of the current status of construction projects.

 

(b)  To make Cabinet aware of the latest financial position of the Council.

 

(c)  To maintain effective management of resources.

 

Wards affected: (All Wards);

Lead officer: Gail Banyard


09/11/2021 - Revenue Budget Monitoring - Quarter 2 ref: 1351    Recommendations Approved

To provide an up to date forecast of the revenue budget outturn as part of the Council’s continuous financial management process.

Decision Maker: Cabinet

Made at meeting: 09/11/2021 - Cabinet

Decision published: 12/11/2021

Effective from: 20/11/2021

Decision:

The Cabinet Member with the Resources Portfolio introduced the report of the Group Director of Operations (previously circulated) providing an early forecast of the 2021/22 revenue budget outturn, as part of the Council’s continuous financial management process.

 

The submitted report stated that it was the second revenue budget management report to Cabinet for 2021/22 and that the projected revenue reserve at the end of 2021/22 was £29.536M, an improvement of £4.610M on the initial 2021/25 MTFP position.  The improvement in reserves included £2.317M of additional balances following the 2020/21 outturn; £0.993M of resources returned to reserves, following the rebasing exercise; £0.185M of projected departmental overspend in 2021/22; a £0.570M increase in corporate resources; and a net £0.915 required from the COVID-19 reserve.

 

It was reported that of the £29.536M projected reserves, there was a risk reserve balance of £5.350M and a commitment to use £15.838M to support years two to four of the current MTFP.

 

RESOLVED - (a)  That the forecast revenue outturn for 2021/22, as detailed in the submitted report, be noted.

 

(b)  That further regular reports be made to monitor progress and take prompt action if necessary.

 

(c)  That the carry forwards as detailed in the submitted report, be agreed.

 

REASONS - (a)  To continue effective management of resources.

 

(b)  To continue to deliver services to agreed levels.

 

Wards affected: (All Wards);

Lead officer: Gail Banyard


09/11/2021 - Council Tax Support Scheme 2022/23 ref: 1348    Recommendations Approved

To consider and approve a draft Council Tax Support Scheme.

Decision Maker: Cabinet

Made at meeting: 09/11/2021 - Cabinet

Decision published: 12/11/2021

Effective from: 20/11/2021

Decision:

The Cabinet Member with the Resources Portfolio introduced the report of the Group Director of Operations (previously circulated) requesting that consideration be given to the draft Council Tax Support (CTS) Scheme (also previously circulated) for 2022/23.

 

The submitted report stated that the Council was required to set a Council Tax Support scheme each year and in doing so consider whether any changes should be made to the existing scheme and where changes were made, consider what transitional protection, if any, should be applied to anyone affected by those changes.  It was reported that no significant changes were proposed to the existing scheme.

 

RESOLVED - That it be recommended to Council that the draft Council Tax Support Scheme for 2022/23, as appended to the submitted report, be approved and adopted, including:-

 

(a)    continuing to provide up to 100 per cent Council Tax Support for care leavers under the age of 25; and

 

(b)    continuing to provide up to 80 per cent Council Tax Support for all other working people. 

 

REASONS - (a)  The Council is required to publish a local Council Tax Support Scheme for 2022/23 by 11 March 2022.

 

(b)  The continued application of a reduced entitlement for working aged people is still appropriate, given the current financial position of the Council.

 

Wards affected: (All Wards);

Lead officer: Gail Banyard


09/11/2021 - Special Educational Needs and Disabilities (SEND) Capital Projects Update ref: 1347    Recommendations Approved

To request the release of additional funds for Special Educational Needs (SEND) Capital Projects.

Decision Maker: Cabinet

Made at meeting: 09/11/2021 - Cabinet

Decision published: 12/11/2021

Effective from: 20/11/2021

Decision:

The Cabinet Member with the Children and Young People Portfolio introduced the report of the Group Director of People (previously circulated) updating Cabinet on the progress made in respect of the two Special Educational Needs and Disabilities (SEND) capital projects.

 

The submitted report stated that in 2019 Cabinet agreed the SEND strategy, a key element of which was increased provision of school places for young people with Social, Emotional and Mental Health (SEMH) needs, allowing more young people to be educated locally (Minute C125(3)/Mar/19 refers); two schools agreed to work with the Council to provide those additional places, namely Rise Carr College and Red Hall Primary School; Cabinet agreed to release government grant to fund the schemes (Minutes C37(1)/Sep/19 and C71(1)/Jul/20 refer); the schemes were fully funded by Government grant; both units opened to pupils in September 2021; and that the unit at Red Hall Primary School provided 16 SEMH places whilst the unit at Rise Carr College provided 15 secondary SEMH places plus four assessment places.

 

A Member reported at the meeting that the groundwork at Rise Carr College was still unfinished and requested an update on when that work would be completed.  The Cabinet Member with the Children and Young People Portfolio responded thereon.

 

RESOLVED – That the progress made in respect of the two Special Education Needs and Disabilities capital projects at Rise Car College and Red Hall Primary School, as detailed in the submitted report, be noted.

 

REASON – To keep Cabinet up to date with the progress of the two SEND units.

Wards affected: (All Wards);

Lead officer: Sarah Foster


31/10/2021 - Unit12 Pioneer Court, Alderman Best Way, Morton Palms, Darlington ref: 1346    Recommendations Approved

We have been asked to approve a 5 year sub lease by the solicitors representing the ground leaseholder of Unit 12 Pioneer Court, Hagen Developments Limited
The proposal is for them to grant a lease to TMD Friction UK Limited (Company House reg no: 4330235.The lease will be FRI Terms for a rent of £45,000pa though the first 6 months of the term will be rent free. There is a break clause which can be activated by the tenant only giving the landlord not less than six months written notice of intention to terminate agreement. Bank references are not required due to the Council only receiving a nominal rent of one peppercorn.
The use is office services use class E (formerly use class B1 of the Town and Country (Use classes) Planning Order 1987). The company manufactures parts and accessories for motor vehicles.
Trade references not required either.
The Companies House check has not revealed anything to be concerned about.
The alienation clause in the lease between The Council and City & Northern (Now Hagen Developments) does not refer to any under-lessee being a good a proper person or company, just that the Council’s consent cannot be unreasonably withheld or delayed.

In light of the checks Hagen Developments will have commissioned, to ensure their direct under tenant is of substantial covenant and standing, we have no grounds for withholding our consent. TMD Friction UK Limited will not be paying rent to the Council. They will be paying rent to Hagen Developments Limited.
The Council’s legal and surveyors fees of £500 are being paid by Hagen Developments Ltd for processing this approval.

Decision Maker: Assistant Director Economic Growth

Decision published: 02/11/2021

Effective from: 31/10/2021

Decision:

To approve the proposed sub underlease of unit 12 Pioneer Court to TMD Friction UK Limited

Reasons for the Decision(s)

Enables a vacant unit to be occupied providing new jobs to Darlington

Lead officer: Mark Ladyman


13/10/2021 - Removing the booking system at the HWRC ref: 1345    Recommendations Approved

A booking system was introduced at the HWRC in June to manage the queuing on Whessoe Road and ensure social distancing could be maintained for residents and staff throughout the pandemic. In line with the ongoing relaxation of restrictions with regard to Covid and concerns raised by residents who are digitally excluded not being able to access the HWRC, the booking system will be removed from Monday 8 November.

Ongoing monitoring will continue with regard to traffic congestion in the area and the potential for waste volumes to rise as there will be no access control in place and residents from other Boroughs will be able to use the site.

Decision Maker: Assistant Director Community Services

Decision published: 02/11/2021

Effective from: 13/10/2021

Decision:

To remove the booking system at the HWRC from Monday 8 November.

Reasons for the Decision(s)
To improve access to the HWRC

Lead officer: Ian Thompson


31/10/2021 - Customer Services Centre Offer ref: 1344    Recommendations Approved

Improvement of Customer Services Centre offer of pre-arranged appointments for face-to-face contact online as well as over the phone, the re-opening of the public PC area and expansion of opening hours to accommodate extra Register Office appointments.

Background
Prior to the pandemic the Centre offered a mix of appointments and drop-in sessions. With customers able to drop-in to see a Customer Services Advisor, make an electronic payment, scan documents, attend Register Officer appointments or use a public PC for accessing Council services. The Customer Services Centre was closed in March 2020 with limited re-opening from July 2020.
Following Member agreement in mid-August 2021 the Corporate booking system which allows staff to book and collect visitors for Town Hall meetings went live and staff were able to book essential appointments to see customers within the Centre.
Customer Services is currently operating as follows:
• Reception is open 8.30am-4.45pm Monday to Thursday and 8.30am-4.15pm Friday for Corporate Visitors. All Corporate Visitors should be booked in using the online booking system which is available to all staff.
• Pre-arranged appointments for customers for the Register Office and Customer Services are available 10am-3pm Monday to Friday.
• Financial Protection customer appointments are available 1pm to 3pm Monday & Tuesday.
• Homeless presentations can access the Customer Services Centre on a drop-in basis 8.30am-4.45 Monday to Thursday and 8.30am-4.15pm Friday.
• Public PC area remains closed.
• Payment kiosk and Scanstations are available for use 8.30am-4.45pm Monday to Wednesday, 9.30am-4.45pm Thursday and 8.30am-4.15pm Friday.
• Phone lines are open 8.30am-4.45pm Monday to Wednesday, 9.30am-4.45pm Thursday and 8.30am-4.15pm Friday.
Customers continue to be advised to complete and access Council services online or via telephone where possible to reduce the risk of transmission of the virus.

Proposal
It is proposed that from the 4th October 2021:
• Customer access to the online appointment booking system goes live, allowing customers to book appointments for face-to-face contact.
• Appointments will continue to be restricted to those appointments that Customer Services offer to ensure there is appropriate staffing resources.
• To re-open some of the public PC areas to allow customers to access and pay for Council Services online from the centre.
• To expand appointment times for customers to 9.00am-4.00pm Monday, Tuesday, Wednesday and Friday 9.30am-4.00pm Thursday, to allow for an increase in appointments and allow maximum flexibility for customers.
• To review in 3 months (Jan 2022) unless further restrictions are re-introduced.
To facilitate the expansion of appointments we will:

• Continue to offer the facility for customers that are unable to book an appointment online, to book over the phone or via a Customer Services Advisor within the Centre.
• Increase the opening times for appointments to 9am to 4pm and reduce appointment slots to 30 minutes.
• Adhere to existing Safe Systems of Work to maximise safety to staff, customers and visitors. (Appendix 1)

Financial/staffing/health & safety (including virus transmission risks)/service delivery impacts/other risks and impacts considered

A restricted appointment only service allows us to ensure that staff and customers are kept as safe as possible and virus transmission is reduced and allows sufficient time for the Agile Working review to be completed.
It allows Customer Services to easily manage the number of customers and staff within the centre and ensures that social distancing can be appropriately managed.
It further allows for pre-appointment Health and Safety checks to be carried out on customers prior to staff attending appointments which will assist in risk assessments.

Equality Impacts - consider separate impact assessment where appropriate
EIA screening tool completed, no requirements for a full EIA as no impact on customers’ ability to access and arrange appointments.
For any customers unable to arrange an appointment online there is the facility to book over the phone or via staff at the Customer Services Centre.


Decision Maker: Assistant Director Housing and Building Services

Decision published: 02/11/2021

Effective from: 31/10/2021

Decision:

To offer an increased appointment and online appointment system from October 4th, 2021, including the re-opening of the public PC area and expansion of opening times to 9am to 4pm.

Reason for Decision
It is essential that we continue with a planned approach to increasing face-to-face access to services whilst maintaining safety measures for customers and staff. It has been evident over the last 18 months that many customers are able and prefer to contact us electronically and services have adjusted their offer to meet this demand. However, it is essential that we continue to improve our customer journey for those not able to access services online or over the phone in the safest means possible.
By expanding opening hours with the appointment system it allows us to:

• Ensure social distancing can be managed effectively within the centre.
• Increase the number of available appointments for Customer Services and Register Office customers.
• Minimise risk of infection and violent incidents to staff and customers.
• Manage resources effectively, ensuring appropriate staffing resources are available for each day, thereby complimenting Corporate Agile Working policies.
• Monitor and maintain the number of customers within the Centre at any one time.
• Ensure the availability of interview rooms for services such as Financial Protection Team and Housing Options where customers are unable to pre-book appointments.
• Allow appropriate time for appropriate cleaning of rooms and equipment.
• Reduce any use of waiting areas to a minimum.
• Allow staff the facility to carry out appropriate risk assessments prior to meeting a customer as all appointments will be pre-booked.
• Allow safe and managed access to public PCs and Scanstations.
• Reduce costs to services as customers will book the appointment themselves potentially without the need to telephone or email services direct.
• Improve the digital offer to customers to make appointments online.


Lead officer: Anthony Sandys


13/11/2019 - Declarations of Interest. ref: 1311    Recommendations Approved (subject to call-in)

Decision Maker: LA Governors Appointments Committee

Made at meeting: 13/11/2019 - LA Governors Appointments Committee

Decision published: 01/11/2021

Effective from: 13/11/2019