Officer Decisions

Date of Decision:

21^st November, 2022

Decision Maker:

(Including Job Title)

Simon Moss

Assistant Director – Planning, Regeneration and Transport

Specific Delegation:

(If any)

Sub Scheme of Delegation

Strategic Director of Regeneration of Environment

Assistant Director – Planning, Regeneration and Transport Head of Planning and Transport/ Planning Policy Manager

To agree any statements of common ground, memorandums of understanding or other formal statements regarding the Rotherham local plan or other local planning authorities’ local plans. Agreements to be made in consultation with the relevant Cabinet Member.

Brief Description of Decision:

That the Council be a signatory to the Bassetlaw Local Plan Statements of Common Ground.

Reasons for the Decision:

In preparing their Local Plan, Bassetlaw District Council has identified a number of strategic and cross boundary issues on which agreement is sought. Rotherham officers have input to the draft Statements at various stages and are content with the wording. The majority of these agreements have no significant implications for Rotherham and focus on continued engagement and sharing of information. However, the Councils have set out areas of disagreement in the Bassetlaw Local Plan Statement of Common Ground that the proposed Apleyhead Junction strategic employment allocation would have significant implications for increased traffic congestion, community severance and carbon emissions in the South of Rotherham. These issues are the subject of ongoing discussions and joint working with Bassetlaw on a A57 Improvement Plan to seek appropriate mitigation measures.

Details of alternative options considered and rejected:

An alternative option is that the Council does not sign the Statements of Common Ground. This may be detrimental to ongoing co-operation with Bassetlaw District Council, including the ability for the Council to negotiate and prepare its own Statement of Common Ground to support the partial update of the Core Strategy. Being a signatory to the Statement would be of significant benefit to the Council in demonstrating to the planning inspector an active engagement in strategic planning across the city region. Meeting the duty to cooperate is a statutory requirement, if the inspector deems it has not been met a local plan examination cannot continue. The duty cannot be met retrospectively. It is therefore advisable that the Council does all it can to meet the duty in the preliminary stages of the Local Plan Core Strategy partial update prior to submitting the plan for examination.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

Dispensations Granted:

(If any)

Reports or parts of reports considered

Delegated Decision Report – Bassetlaw Local Plan Statements of Common Ground

Date of Decision:

16^th  November 2022

Decision Maker:

(Including Job Title)

Paul Woodcock

Strategic Director Regeneration and Environment

Specific Delegation:

(If any)

Part 9 of the Constitution Section 4C6 1D provides that the Strategic Director for Regeneration and the Environment may exercise Executive Powers in respect of the Council’s Waste Service.

Brief Description of Decision:

To set the fees for the garden waste subscription service for 2023/24 at £43 for the first bin and £34 for a 2^nd bin.

Reasons for the Decision:

The charges for the garden waste service for 2023/24 need to be set by mid-November 2022 in order that the subscription service can go live on the Councils website in early December.  This enables direct debit notices to be issued within the required period for those customers signed up to automatic renewal, in advance of the 2023/24 collection period.  The charges for 2023/24 are set with the intention of ensuring that the income from subscriptions continues to cover the cost of providing the service.

Details of alternative options considered and rejected:

It was not considered appropriate to set the charges at a level that would create budget pressures as the service costs are expected to be covered by those purchasing the service.  It was not considered appropriate to set the charges at a level that would generate a substantial surplus. Actual financial outcome will be determined by the combination of cost/cost increases and demand.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

No conflicts of interest

Dispensations Granted:

(If any)

None

Reports or parts of reports considered

None

Date of Decision:

11^th November 2022

Decision Maker:

(Including Job Title)

Simon Moss, Assistant Director for Planning, Regeneration and Transport (on behalf of Paul Woodcock, Strategic Director of Regeneration and Environment)

Specific Delegation:

(If any)

The implementation of traffic management, traffic calming and area safety schemes. The implementation of any determination of the Cabinet Member and the discharge of any function of a regulatory nature and duties in relation to the Traffic Management Act 2004.

Brief Description of Decision:

Recommend approval for the consultation on 6 sites identified for potential moving traffic offence enforcement using new powers provided by government under  Part 6 of the Traffic Management Act 2004.

Reasons for the Decision:

The decision will enable consultation to take place in respect of the council applying to the Department for Transport to enforce Moving Traffic Offences.

Details of alternative options considered and rejected:

Option 1: Do not apply to DfT for the powers to undertake the civil enforcement of moving traffic offences and leave enforcement of this to the Police who have limited resources to deal with these issues and who cannot enforce the restriction 24/7.

Option 2: Carry out a borough-wide assessment process to identify all locations on the network. This is considered to be unnecessary as DfT has indicated that, once granted, authorities will not be required to apply again to government but will hold the relevant enforcement powers in perpetuity. 

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

Not applicable

Dispensations Granted:

(If any)

Not applicable

Reports or parts of reports considered

Delegated Officer Decision Report for Traffic Management Act 2004 Application for Moving Traffic Enforcement powers – Consultation with appendices for equalities and carbon impacts.

Date of Decision:

14^th November, 2022

Decision Maker:

(Including Job Title)

Sam Barstow, Assistant Director, Community Safety and Street Scene

Specific Delegation:

(If any)

Powers to make Definitive Map Modification Orders under Section 53 of the Wildlife and Countryside Act 1981, as delegated through the Regeneration and Environment Sub-Scheme of Delegation

Brief Description of Decision:

Application for Definitive Map Modification Order to Upgrade Public Footpath, Firbeck No 4 to Bridleway

Reasons for the Decision:

To comply with statutory duties.

Details of alternative options considered and rejected:

If the order was not proceeded with there is a statutory right of way objection – and if the evidence was not enacted on it is possible the Secretary of State may instruct the council to do so.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None.

Dispensations Granted:

(If any)

None.

Reports or parts of reports considered

All.