Archived decisions
APPENDIX 3
DRAFT (3.12.04)
SOUTH DOWNS BOARD OR JOINT COMMITTEE
AND SOUTH DOWNS ADVISORY FORUM
2005-2008
1. Parties
The parties to this Agreement are the Countryside Agency, the County Councils of East Sussex, Hampshire and West Sussex, the unitary council of Brighton and Hove City Council and the Borough and District Councils of Adur, Arun, Chichester, Eastbourne, East Hampshire, Horsham, Lewes, Mid Sussex, Wealden, Winchester City and Worthing.
2. Recitals
Whereas the parties have powers and responsibilities under Section 88 of the National Parks and Access to the Countryside Act 1949 (as amended) for preserving and enhancing the natural beauty of designated Areas of Outstanding Natural Beauty; and the parties wish to work together to secure the preservation and enhancement of the Sussex Downs and East Hampshire Areas of Outstanding Natural Beauty by establishing and supporting a joint committee for this purpose and to exercise any powers which may be delegated to the committee by any of the parties with its agreement.
It is agreed as follows:
3. Constitution of the South Downs ["Board" or "Joint Committee"]
(1) On 1st April 2005 there shall be constituted under Section 102 of the Local Government Act 1972 a joint committee, to be called the "South Downs ["Board" or "Joint Committee"] ("the Committee") for the purpose of discharging the functions assigned to them as set out in this Agreement.
(2) The area to which this Agreement relates shall be the Sussex Downs Area of Outstanding Natural Beauty as defined in the Sussex Downs Area of Outstanding Natural Beauty Designation Order 1965 and the East Hampshire Area of Outstanding Natural Beauty as defined in the East Hampshire Area of Outstanding Natural Beauty Designation Order 1961.
(3) The Committee shall subject to paragraphs 4(2) and (3) of this Agreement consist of 45 members who shall be appointed as follows:
15 on the nomination of the Countryside Agency
5 by Hampshire County Council
4 by East Sussex County Council
5 by West Sussex County Council
3 by Brighton and Hove City Council
2 by Chichester District Council
2 by East Hampshire District Council
1 by Adur District Council
1 by Arun District Council
1 by Eastbourne Borough Council
1 by Lewes District Council
1 by Horsham District Council
1 by Mid Sussex District Council
1 by Wealden District Council
1 by Winchester District Council
1 by Worthing Borough Council
EHJAC proposals:
12 on the nomination of the Countryside Agency
12 County Council representatives
12 District and Unitary Authority representatives
10 Parish Council representatives
(Note: County Councils would have 4 seats and each District/Unitary Authority would have 1 seat)
(4) Before nominating members to the Committee, the Countryside Agency shall invite the following organisations to put forward nominations to them and shall consider any nominations which may be so put forward:
Action in Rural Sussex
The British Horse Society
Campaign to Protect Rural England
Community Action Hampshire
Country Land and Business Association
Department for Environment, Food and Rural Affairs
English Heritage
English Nature
Environment Agency
Government Office for the South East
Hampshire Association of Town and Parish Councils
Hampshire & IOW Naturalists Trust
Land Access and Recreation Association Action Hampshire
The Federation of Sussex Amenity Societies
The Forestry Commission
The National Farmers Union
The National Trust
The Ramblers Association
The Society of Sussex Downsmen
Sport England South East
South East England Development Agency
The Sussex Archaeological Society
The Sussex Association of Local Councils
The Sussex Wildlife Trust
Trail Riders Fellowship; and
Tourism South East
such other organisations as the Agency consider appropriate in the interests of securing representation of persons interested in the protection and enhancement of the Sussex Downs and East Hampshire Areas of Outstanding Natural Beauty.
(5) In putting forward nominations the Committee shall ensure that at least 3 nominees (on a geographically spread basis) can represent parish interests.
4. Terms of this Agreement
(1) This scheme shall have effect for a period of three years from the appointed day [1 April 2005 to 31 March 2008].
(2) The Committee shall review the operation of this Agreement after two years annually from the appointed day and advise the parties to the Agreement on whether, in their opinion, it should be renewed and, if so, on what basis.
(3) The parties to this Agreement may agree to renew it for such period and with such modifications as they consider appropriate at any time after the second anniversary of the appointed day.
(4) The provisions of this Agreement may be amended at any time subject to the agreement of all the parties.
5. South Downs Advisory Forum
(1) The Committee shall establish a "South Downs Advisory Forum" which shall have a membership drawn primarily from representatives of the list of organisations in Sec 3(4) of this Agreement including at least 5 representatives of the Committee, and such others as the Committee shall co-opt to provide advice on the interests and needs of the AONBs covered by this Agreement, to include significant Parish Council representation.
(2) The role of the Forum shall include consultation, liaison and scrutiny on South Downs issues within the terms of this Agreement.
6. Appointment of Chairman and Vice-Chairmen of the Committee and the Chairman and Vice-Chairman of the Advisory Forum
(1) Subject to (2) below, the Committee shall at their annual meeting in each year appoint a chairman of the Committee, and the chairman shall unless he resigns his office or ceases to be a member of the Committee continue in office until his successor is appointed.
(2) At their first meeting the Committee shall appoint as their chairman a person who is neither a member of the Committee nor a member of any of the constituent local authorities. Such chairman, who by his appointment shall become an additional member of the Committee, shall unless he resigns his office serve as chairman until the annual meeting of the Committee in 2008. At that and subsequent annual meetings the Committee shall appoint a chairman who may be a member of the Committee but not a member of any of the constituent local authorities.
(3) If the chairman is not at the time of his appointment a member of the Committee, he shall on appointment as chairman become an additional member of the Committee and shall remain a member until such time as he ceases to be chairman.
(4) The Committee may at their annual meeting in each year appoint two [one] of their number to be vice-chairmen, and the vice-chairmen shall unless they resign their offices or cease to be members of the Committee continue in office until their successors are appointed.
(5) The vice-chairmen shall not both be drawn from either the members of the Committee appointed by the County Councils on the one hand or the members appointed by the Borough and District Councils on the other. One of the vice-chairman shall be a member appointed by one of the constituent local authorities.
NB: If the EHJAC proposal for one vice-chairman in (4) above was adopted this clause would not be needed.
(6) The Advisory Forum shall each year appoint its own chairman and vice-chairman from amongst its membership. They may, but do not have to be, members of the Committee.
7. Meetings of the Committee
(1) The first meeting of the Committee shall be the annual meeting for the year then current and thereafter the first meeting held after 1st June in any year shall be the annual meeting.
(2) The Committee shall meet four times a year, except that:
(a) the chairman may in his discretion cancel any meeting if, in his opinion, there is insufficient business to be transacted;
(b) a meeting may be convened at any time on the requisition of the Chairman or at least eight members of the Committee.
(3) The standing orders of one of the County Councils shall mutatis mutandis apply to the proceedings of the Committee as they do to committee meetings of that County Council, except that in the event of those standing orders conflicting with the provisions of this Agreement, this Agreement shall prevail.
8. Establishment of Committees and Working Parties by the Committee and the Advisory Forum
(1) The Committee may appoint such committees and working parties as they consider necessary either to advise them in the discharge of their functions or to exercise those functions on their behalf, saving that the Committee may not delegate to any committee or working party the agreement of the Committee's annual budget or the fixing of the annual contributions by the Countryside Agency and the County Councils.
(2) Without prejudice to the generality of the foregoing, the Committee may arrange for the discharge of their functions in relation to countryside management and the control of development by area sub-committees.
(3) The Committee may co-opt such persons as they consider appropriate to serve on any non-executive committee or working party established to advise them on the discharge of their functions, saving that such persons shall not comprise more than one quarter of the total membership of any such committee or working party. In making such arrangements they shall consult with the chairman or vice-chairman of the Advisory Forum.
(4) The Advisory Forum may meet in plenary session or set up such non executive committees or working parties as it thinks fit following consultation with the chairman or vice chairman of the Committee.
(5) The Committee and the Advisory Forum shall work together to ensure that there is a coherent programme of work.
(6) The Committee at their first meeting after 1st April 2005 shall review the arrangements made for the discharge of their functions pursuant to (1) above.
9. Functions of the Committee
Objectives
(1) In recognition of the national importance and value of the South Downs, the objectives of the Committee shall be:
(a) To protect, conserve and enhance the natural beauty and amenity of the Sussex Downs Area of Outstanding Natural Beauty and the East Hampshire Area of Outstanding Natural Beauty, including their physical, ecological and cultural landscape;
(b) To raise awareness of, and promote the quiet informal enjoyment, of the Sussex Downs Area of Outstanding Natural Beauty and the East Hampshire Area of Outstanding Natural Beauty by the general public but only so far as is consistent with the first objective;
(c) Generally to promote sustainable forms of economic and social development especially working with farmers and landowners to encourage land management which supports the two objectives above.
(d) To foster the social and economic wellbeing of communities within the Sussex Downs Area of Outstanding Natural Beauty and the East Hampshire Area of Outstanding Natural Beauty.
Terms of Reference
(2) The Committee shall have the following duties:
(a) To appoint the South Downs Officer and direct the work of the South Downs Officer and his staff.
(b) In consultation with the constituent local authorities and the Advisory Forum to produce, monitor, implement and from time to time review a management plan for the Sussex Downs Area of Outstanding Natural Beauty and the East Hampshire Area of Outstanding Natural Beauty.
(c) To take a strategic view of those issues which might affect the South Downs and pass comments to the relevant authority in accordance with the Committee's terms of reference.
(d) To maintain an integrated Countryside Management Service for the Sussex Downs Area of Outstanding Natural Beauty and the East Hampshire Area of Outstanding Natural Beauty which shall be responsible for implementation of the South Downs Management Plan and a programme of works to enhance the landscape and conservation interests of the Areas of Outstanding Natural Beauty that achieve objectives of AONB designation.
NB The EHJAC wording replaces "... to enhance ... to Areas of Outstanding Natural Beauty ....".
(e) To raise awareness of and promote the work of the AONB Units and improve understanding of the special features of the South Downs.
(f) In such geographical areas as shall be agreed between the Committee and the responsible constituent local authority, all or some of the following areas of work may be taken on board:
(i) Management and maintenance of such areas of land for public access including country parks, picnic sites, nature reserves, common land and open spaces and securing compliance with bylaws and other legislation as shall be agreed with the relevant constituent local authority;
(ii) Management and maintenance of the rights of way network and encouragement of its use;
(iii) Management and maintenance of the South Downs Way and encouragement of its use;
(iv) Extension and improvement of public access through management and access agreements, the creation of new paths by agreement and circular walks and rides in accordance with Rights of Way Improvement Plans where they exist.
(g) Provision of new informal recreation facilities such as car parks, interpretation, visitor centres and information services.
(h) Improvement of visitor management services to reconcile potential conflicts between visitors and environmental interests and to enhance public enjoyment.
(i) To make observations to the constituent councils and regional bodies on the exercise of their town and country planning responsibilities as they affect the Sussex Downs Area of Outstanding Natural Beauty or the East Hampshire Area of Outstanding Natural Beauty, including:
(i) the implications of strategic and local planning policy;
(ii) the provision and preparation of design or other supplementary guidance;
(iii) the preparation and implementation of such formal planning documents as may affect the Sussex Downs Area of Outstanding Natural Beauty or the East Hampshire Area of Outstanding Natural Beauty
(iv) the effects of development proposals in the Areas of Outstanding Natural Beauty in accordance with such Development Control Scheme as shall be in effect including the preparation of Article 4 directions. [The Development Control Scheme is set out in Annex 1 to this Agreement.].
(j) To agree and implement an education and interpretation strategy for the Sussex Downs Area of Outstanding Natural Beauty and the East Hampshire Area of Outstanding Natural Beauty.
(k) To promote and support co-ordinated action by relevant bodies and agendas.
(l) To provide advice and grant aid to owners and occupiers of land, and local communities in order to secure the Committee's objectives.
(m) To stimulate and encourage voluntary activity compatible with the objectives of the Committee, including local community involvement and the establishment of a voluntary ranger service.
(n) To act as a forum of communication between the constituent statutory authorities and other interested bodies in all matters relating to the Sussex Downs Area of Outstanding Natural Beauty and the East Hampshire Area of Outstanding Natural Beauty.
(o) To publish an annual report for submission to the constituent statutory authorities and for public information.
(p) To carry out research, monitoring and collating relevant information in order to prepare the State of the South Downs Report.
(q) To keep under review the possible designation of the Areas of Outstanding Natural Beauty as a National Park or as part of a National Park.
(r) At their first meeting after 1st April 2005 and after consultation with the constituent authorities, to review the constitutional and financial arrangements provided for in this Agreement and then to do such annual or other reviews as the Committee shall think appropriate.
Executive Powers
(3) The Committee shall have the following executive powers:
(a) To exercise such powers as the constituent local authorities may from time to time delegate to the Committee, with the agreement of the Committee, including where appropriate, the functions set out in Annex 2 to this Agreement.
(b) The Committee shall not be empowered to acquire land or any interest in land, but may enter into an Agreement for the management of any land and may advise the respective local authorities on the desirability of opportunity purchases.
(c) Nothing in this Agreement shall prevent constituent councils from exercising any of the executive powers described or referred to in sub-paragraphs (a) and (b) above.
(d) In the exercise of their powers, the Committee shall consult any or all of the constituent councils as may be appropriate.
(e) The Committee may arrange for work to be carried out directly or on an agency or contract basis by any of the constituent local authorities, or by any landowners or occupiers or private contractors or agencies.
(f) Where land is managed by any of the County Councils under leases or management agreements, it will be for the other parties to such management agreements to decide whether they are willing to allow the Committee to stand in place of the relevant County Council or whether they wish site management to continue to be provided directly by the County Council.
10. Officers, Staff and Accommodation
(1) The County Councils shall provide between them
i) A Clerk to the Committee;
ii) A Treasurer to the Committee; and
iii) A Strategic Land Management Advisor.
No County Council shall provide more than one such officer at one time.
(2) The Committee shall appoint a Borough or District Planning Officer as their Honorary Planning Adviser.
(3) The Committee shall appoint a South Downs Officer. The South Downs Officer shall be the Committee's principal adviser and executive officer and shall be directly responsible to the Committee.
(4) In making reports to the Committee, the South Downs Officer shall consult the Clerk and the Treasurer as appropriate and, subject to (5) below, the Clerk shall be responsible to the Committee for any matters concerning the appointment of the Officer or any disciplinary matters arising.
(5) In the event of any difficulty arising with regard to the performance of the South Downs Officer's duties, either he or the Committee shall be able to call on the assistance of the Chief Executive of one of the County Councils.
(6) The Committee shall provide the South Downs Officer with such staff, accommodation and other resources as the Committee, after consultation with the South Downs Officer, shall consider necessary.
(7) The South Downs Officer and his staff, other than those referred to in sub-paragraph (9) below, shall be employed by one or more of the County Councils on such terms and conditions as that Council, after consultation with the Committee, shall determine.
(8) No contracts of employment entered into on behalf of the Committee shall extend beyond the term of this Agreement (see paragraph 10 below).
(9) In fulfilment of their duty under sub-paragraph (6) above to provide the South Downs Officer with necessary staff, the Committee may arrange with any of the constituent councils or any other organisation for the secondment to the Committee of any of the staff employed by them.
(10) In fulfilment of their duty under sub-paragraph (6) above to provide the South Downs Officer with necessary accommodation, the Committee may advise one of the County Councils to purchase or lease suitable premises for a headquarters building, which shall be conveniently located in relation to the Areas of Outstanding Natural Beauty, and may also arrange for the use of premises held by any of the constituent councils on such conditions as may be agreed.
11. Financial
(1) Propose delete [In the first year after the appointed day,] The Committee shall agree/prepare a management plan, business plan and an outline costed work programme for the following three years and a budget for the financial year beginning on 1st April following the appointed day. The Committee shall then agree/prepare a budget for each succeeding year in accordance with normal local authority practice.
(2) Before preparing its annual budget, the Committee shall consult the Countryside Agency, the County Councils, the Unitary Council and the District and Borough Councils and shall take into account their advice on the framework within which the budget shall be prepared.
(3) [Provision to be inserted to allow the Committee an initial period not exceeding the initial three year term to run the current separate financing schemes for the Sussex Downs Conservation Board and the East Hampshire JAC, separately as at present but recognising the possibility of developing a united framework in due course.] EHJAC do not see the need to refer to the possibility of a united framework in due course due to the interim nature of the body.
(4) The Committee shall annually apply to the Countryside Agency for grant aid which will be offered by the Agency towards eligible costs on its standard terms and conditions or such other terms as may be agreed with reference to the East Hampshire Area of Outstanding Natural Beauty.
(5) The Committee may acquire minor wasting assets such as vehicles, plant and office furniture and may advise the respective local authorities on the desirability of those local authorities, supported by the Countryside Agency, incurring expenditure on the acquisition of land and buildings.
(6) In addition to the "core funding", Unitary, District and Borough Councils may make arrangements individually with the Committee to associate countryside staff working in their areas with the activities of the Committee and/or to contribute additional finance towards the cost of the Committee's work in their areas.
(7) The Countryside Agency shall grant aid the activities of the constituent local authorities and other landowners and occupiers in the Areas of Outstanding Natural Beauty which are undertaken other than through the Committee, only if the work being undertaken is consistent with the Committee's management plan, and advice from the Committee has been taken.
(8) In the event of winding up, minor assets shall be sold off or passed to a successor body and balances or deficits shall be apportioned pro rata with the net contributions of the authorities or agency over the previous two complete financial years or such shorter period as shall have been agreed between all the parties.
In Witness etc.
ANNEX 1
DEVELOPMENT CONTROL SCHEME
1. The constituent local authorities will consult the Joint Committee on planning applications under the Town and Country Planning Act 1990 (as amended) for, and on consultations by statutory authorities on, development proposals within or adjacent to either the Sussex Downs or East Hampshire Areas of Outstanding Natural Beauty which, individually or cumulatively, potentially, in the opinion of the local authorities or the Committee, would have a material effect on the natural beauty (including character, appearance and ecology), amenity or community life of either AONB.
2. Having regard to the caveat in respect of "material effect" in 1. above, such applications will include, but not be limited to (with the exceptions identified in 3. below), proposals for the following developments:
(i) Buildings and Structures
(a) The erection or material change of use of a building or buildings, a structure or structures, including housing and extensions to houses, within or outside either AONB, but excluding those developments specified in 3. below.
(ii) Recreation and Outdoor Sporting Facilities
(a) All proposals for the use of land or buildings for recreational purposes.
(The above shall include, but not be limited to, the use of land for caravanning or tented camping, the provision of self-catering and other holiday accommodation, the use of land for vehicle parking, the formation of lakes and other significant landscape features, equestrian facilities, the provision of formal sporting facilities and infrastructure, motorised vehicle events, clay pigeon shooting and paintballing).
(iii) Development by Statutory Undertakers etc
(a) Overhead lines and facilities for transmission over 33 kw.
(b) Cross-country pipelines.
(c) Telegraph poles, telecommunication masts and aerials.
(d) Energy-generating installations, including alternative/renewable energy.
(iv) Institutional-type Uses
(a) Use for educational, social and religious institutions including hotels, schools, conference centres, training establishments, hospitals, rest and nursing homes.
(v) Agriculture, Horticultural and/or Forestry Development
(a) All proposed developments for which planning permission is required.
(b) Prior notifications of proposed developments.
(vi) Rights of Way
(a) All development proposals which will involve the stopping-up and/or diversion of a public right of way under Section 257 of the Town and Country Planning Act 1990 (as amended). (The Joint Committee will also be consulted on applications under the Highways Act 1980. but without this Scheme.)
(vii) Minerals and Waste Disposal
(a) All proposals.
(viii) Development in or Adjacent to Sensitive Areas or on Sensitive Sites
(a) All proposals.
Sensitive areas include Sites of Special Scientific Interest, Local and National Nature Reserves, Scheduled Ancient Monuments, sites of local archaeological importance; sites of nature conservation importance; ancient woodlands and Historic Parks and Gardens, Conservation Areas and Listed Buildings or structures.
(ix) Road Proposals
(a) All proposals.
3. For the sake of clarity, the Joint Committee will not normally be consulted on:
(a) Any outline planning application relating to land which is allocated for the purpose proposed (but will be consulted on full applications and applications for the approval of reserved matters).
(b) Proposals for development within the countryside of either AONB or, particularly, within the built-up areas of settlements within or adjacent to either of the AONBs, as defined in the relevant adopted Local Plan/Local Development Framework, where the scale or nature of the development would not potentially have a material effect (as defined in 1. above), in the opinion of the local authorities or the Joint Committee, on the respective AONB.
(For the avoidance of doubt, the Joint Committee will not normally be consulted on applications relating to trees or for Certificates of Lawful Development.)
4. Consultations submitted by constituent authorities to the Joint Committee shall be in writing and shall be accompanied by copies of the application forms, submitted drawings/plans and any supporting documentation submitted with the application. Such consultations shall be initiated, where possible, within seven days of registration of the application.
5. The Joint Committee shall consider such applications and make comments to the appropriate authority, normally within 21 days of receipt unless otherwise agreed by the Committee and the local authority. The appropriate authority shall not determine the application until after the expiry of the 21 day period or such period as may be agreed, unless the Committee has already sent its observations or has advised the appropriate authority that it does not intend to comment.
6. The Joint Committee will be consulted by the constituent local authorities on subsequent revisions or amendments to submitted proposals where such revisions or amendments relate to the Committee's original comments or otherwise may influence the Committee's views on a development proposal or where the Committee has requested such a consultation. The consultation and response shall be in accordance with the procedure for the original application as set out in 4. and 5. above, with the exception that the Committee shall respond within 14 days or such other period as may be agreed between the Committee and the local authority.
7. An appropriate representative of the local authority will, if requested, attend the relevant meeting of the Joint Committee, or any committee or sub-committee, and take the opportunity to comment on any application which is under consideration.
8. If, following consultation with the Committee on any application in accordance with this Scheme, the Committee indicate to the local authority concerned that it would wish to have an opportunity to be heard at the meeting of the local authority at which the application is to be determined before a decision is taken which is at variance to the Committee's advice, then the local authority shall afford that opportunity to the Committee.
9. However, the Committee shall not be entitled to be heard if member representatives of the Committee and of the local authority have previously met together to discuss the application in question. In the event of the Committee failing to agree satisfactory arrangements for such a meeting within seven days of being so requested by the local authority concerned or in the event of the Committee failing to attend at the meeting so arranged, the Committee shall have no further right to require an opportunity to be heard prior to determination of the application by the local authority. However, in the event of the local authority so failing, the Committee's right to be heard shall not be affected.
10. The Joint Committee and any individual local authority may agree between them such arrangements in relation to an opportunity to be heard as may so agreed in substitution for or in addition to the arrangements referred to above.
11. In the event of appeals arising as a result of the refusal of planning permission or as a result of enforcement action, the constituent local authority shall advise the Joint Committee accordingly. The Committee shall, provided it supports the decision of the constituent authority, provide written evidence, in cases to be decided by the written representation procedure, and written and oral evidence, at the Committee's discretion, in cases to be decided at informal hearings and public inquiries unless otherwise agreed by the Committee and the authority. (The Committee may also provide evidence and, if appropriate, a witness if the Committee has raised an objection to an application that the planning authority has not included in a reason for refusal.) The responsibility for the administration and submission of the case for the local authority shall rest with the authority determining the application or instituting the enforcement action.
12. The Development Control Scheme shall be reviewed by the Joint Committee and the constituent local authorities at the end of each year following the first meeting of the Committee. If the Committee and local authorities agree any changes to the Scheme, the Scheme shall be so revised.
ANNEX 2
POWERS THAT MAY BE DELEGATED TO THE JOINT COMMITTEE BY THE COUNTY COUNCILS
Countryside Functions
Current statutory provisions relating to:
General powers of local planning authorities in relation to AONBs
Nature reserves
Long-distance routes
Access agreements
Planting of trees and treatment of derelict land
Bylaws
Wardens
Country parks and commons (but not commons registration)
Country parks
Camping and picnic sites
Access to open country
Canals and woodlands
Management agreements
Litter
Rights of Way Functions
Signposting
Duty to maintain
General power of improvement
Landscaping, safety and drainage
Wardens
General
And anything which is calculated to facilitate, or is coincidental or incidental to, the discharge of any of these functions.
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