Archived decisions

Contact: Merrick Denton-Thompson, ext 6826

email: [email protected]

1. Summary

1.1 The purpose of this report is to seek the Cabinet's support for establishing a Joint Committee for the South Downs in preparation for a decision by the Government on the future administration of the area.

2. Background

2.1 The Public Inquiry into the proposed National Park in the South Downs ended in December 2004 having lasted over a year. The Inspector's Report is expected before Christmas 2005 with a decision in spring 2006. Bearing in mind the scale and complexity of the South Downs, even if the decision is to confirm the South Downs as a National Park, it is unlikely that a fully operational National Park Authority will be in place before 2007/08.

2.2 The County Council has received a letter from Sir James Scott, Chairman of the Joint Advisory Committee for the East Hampshire Area of Outstanding Natural Beauty (AONB) and from Lord Renton, Chairman of the Sussex Downs Conservation Board, seeking the County Council's support for the establishment of a Joint Committee. The proposal is an interim measure pending the outcome of the Public Inquiry and would be set up under the Local Government Act 1972. There are two main reasons for proposing a single administration:

(i) to ensure that there is a positive agenda to deliver actions for conserving and enhancing the South Downs in the interim period before a successor authority is appointed; and

(ii) to ensure that any future administration is able to inherit a well-informed and mature programme from day one, to `hit the ground running'.

2.3 Managing the interim period is an important consideration, as 2005 will see substantial changes to the agricultural industry with the introduction of the Single Farm Payment and the new Agri-Environment Schemes.

2.4 Attached to this report are the consultation letter from Sir James Scott and Lord Renton (Appendix 1), along with an account of the key issues (Appendix 2) and a draft constitution for the proposed Joint Committee (Appendix 3).

3. Detailed Issues

3.1 Subject to the Cabinet agreeing that a Joint Committee is an acceptable proposal to manage the South Downs in the interim period, there are a number of issues that need to be resolved:

(i) Title - it is recommended that new administration should be called the South Downs Joint Committee as opposed to a Conservation Board which would conflict with the Countryside and Rights of Way Act where a Conservation Board is a formal title which would not be relevant to the South Downs.

(ii) Membership - under the current arrangements the Parish Councils are not represented on the Sussex Downs Conservation Board, whereas they are on the East Hampshire Joint Advisory Committee. There are two options being put forward for Parish representation on the proposed Joint Committee - three Parish representatives (one from each County area) or ten to match in scale representatives from District and County membership. It is recommended that Hampshire County Council agrees the three representative option.

(iii) Finance - the Joint Advisory Committee for the East Hampshire AONB has a medium term programme in place and it is therefore recommended that the funding arrangements remain the same as they are today for the next three years - funding the future programme until the new administration for the Downs is in place.

(iv) Advisory Forum - it is strongly recommended that the Joint Committee should establish an Advisory Forum for the whole of the South Downs to provide key stakeholders and local communities with an opportunity to contribute to the decisions of the Committee.

(v) Protocol - support is given to the preparation of a protocol or memorandum of agreement to set out the working arrangements in a little more detail. However, there is no intention for any further County Council functions being delegated to the proposed Joint Committee over and above those that are already in place, eg preparation of Land Management Plans.

(vi) Timescale - the proposal is for the Joint Committee to operate from 1 April 2005. However, because of the County Council elections, it would be more sensible for any new Joint Committee to be established after May 2005. Bearing in mind the proposed timetable and the number of local authorities being consulted, Cabinet's approval is being sought to the principle, with the final details to be agreed by the Leader of the County Council should there be proposed variations to the contents of this report and the appendices.

4. Draft Agreement

4.1 The draft Agreement is set out in Appendix 2 and there is only one main issue that needs to be drawn to the Cabinet's attention. It concerns the proposed membership which is set out on page 2 of the draft Agreement. It is proposed that there should be five Hampshire County Council representatives on the Joint Committee; this is in contrast to the present arrangements of one County Council Member on the Joint Advisory Committee for the East Hampshire AONB.

4.2 The functions to be discharged by the proposed Joint Committee are executive functions. This means that appointments to the Committee should be made by the Council's executive, and that proportionality will not apply. Members appointed should be members of the Council's executive, or members who are not on the executive but who have been elected for electoral divisions wholly or partly within the part of the Council's area served by the proposed Committee.

5. Conclusion

5.1 It is suggested that the proposal to set up a Joint Committee for the South Downs is the right thing to do to ensure close working in the interim period pending the results of the Public Inquiry. The proposal is neutral to the proposed National Park designation process, whatever the outcome. A Joint Committee would also ensure that whatever administration emerges from the Public Inquiry, it will be able to operate immediately it is set up.

Recommendations

1. That approval be given to the proposal by the Sussex Downs Conservation Board and the Joint Advisory Committee for the East Hampshire Area of Outstanding Natural Beauty, that a Joint Committee for the South Downs be established under the provisions of the Local Government Act 1972 as an interim arrangement pending a decision on the future administration of the South Downs.

2. That, subject to approval in principle to the setting up of the Joint Committee, details of the final arrangements be agreed by the Leader of the County Council.

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