AT A MEETING of the CABINET of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Monday 24 January 2005.

PRESENT:

Councillors: T.K. Thornber, CBE (in the Chair); C.R.H. Davidovitz; K.B. Estlin; Mrs S.M. Glasspool, DL; Felicity Hindson; D.A. Kirk; J. Waddington; M.J. Woodhall.

Also in attendance: Councillors: Mrs E.M. Byrom; K.G. Chapman; A.P. Collett; B.D. Dash; Jo Kelly; R.J. Kimber; Mrs C.A. Leversha; Mrs A.M. McNair-Scott; Mrs P.A. West.

413. DECLARATIONS OF INTEREST

Members were mindful that, where they believed they had a personal or personal prejudicial interest in any matter to be considered at the meeting, they should normally at the time of the debate, declare their interest, and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, consider whether to leave the meeting whilst the matter was discussed. Two declarations were made and recorded in Minute 422.

414. MINUTES

The minutes of the meeting held on 13 December 2003 were confirmed as a correct record. There were no matters arising.

415. CHAIRMAN'S COMMUNICATIONS

There were no communications.

416. DEPUTATIONS

There were no deputations.

417. SOUTH DOWNS JOINT COMMITTEE

The Cabinet considered the report of the Director of Environment and the Director of Recreation and Heritage (Item 5 in the minute book) seeking support for the establishment of a Joint Committee for the South Downs in preparation for a decision by the Government on the future administration of the area. In respect of paragraph 3.1 (ii) and the options for Parish Council representation on the Joint Committee, a further development had come to light since the publication of the report. The Countryside Agency have announced that they do not wish to be bound by the requirement to have Parish representatives on the Committee as part of their appointment process. In light of this, further consideration would need to be given to this matter. Following a full discussion, the Cabinet adopted the recommendations set out in the report but were strongly opposed to any further delegation of its powers or functions to the Joint Committee or its successor National Park Authority. To address this view an additional resolution was agreed and a copy of the substantive decision sheet is set out as Appendix 1 to these minutes.

418. FUTURE GOVERNANCE OF THE RIVER HAMBLE

The Cabinet considered the report of the Director of Environment (Item 6 in the minute book) seeking approval to establish a River Hamble Harbour Board to discharge the County Council's responsibilities as Harbour Authority, approval to revise the County Council's Constitution accordingly and to authorise a Scheme of Delegation for the Harbour Board. The Cabinet supported the proposals set out in the report and welcomed a streamlined decision making process. During the course of a full discussion, amendments to the recommendations were agreed and these are detailed in the substantive decision sheet set out as Appendix 2 to these minutes.

419. THE CHILDREN ACT - PROGRESS REPORT

(With the concurrence of the Chairman under Section 100B (4)(b) of the Local Government Act 1972, this matter has been included on the agenda to enable the Chief Executive to bring Members up to date with the latest developments in the implementation of the Children's Act, and the impact on adult care services).

The Cabinet considered the report of the Chief Executive (Item 7 in the minute book) setting out the current position in responding to the Children Act. In addition the report recommended that the children's aspects of the Education and Social Services departments be brought together under common management and further recommended the creation of a Directorate of Adult Care Services. The Cabinet recognised that a vast amount of work had been done in order to reach the current position and supported the direction of travel for the future. The Cabinet adopted the recommendations set out in the report and a copy of the decision sheet is set out as Appendix 3 to these minutes.

420. EXCLUSION OF THE PRESS AND PUBLIC

Resolved:

That; by virtue of paragraphs 1 and 9 of Part 1 of Schedule 12A of the Local Government Act 1972, the press and public be excluded from the remainder of the meeting.

421. THE CHILDREN ACT - PROGRESS REPORT (ADDENDUM)

(With the concurrence of the Chairman under Section 100B (4)(b) of the Local Government Act 1972, this matter has been included on the agenda to enable the Chief Executive to bring Members up to date with the latest developments in the implementation of the Children's Act, and the impact on adult care services).

The Cabinet considered the confidential report of the Chief Executive (Item 9 in the minute book) as an addendum to Item 7 on the agenda. The report was endorsed.

422. A STRATEGY FOR KEY WORKER OR AFFORDABLE HOUSING

Councillor Felicity Hindson declared a personal interest as a member of the Winchester Housing Group. Councillor R.J. Kimber declared a personal interest in respect of his involvement with Pavilion Housing.

The Cabinet considered the confidential report of the Director of Property, Business and Regulatory Services (Item 10 in the minute book) detailing the framework for the provision of affordable housing for key workers. The Cabinet adopted the recommendations set out in the report and a copy of the decision sheet is set out as Appendix 4 to these minutes.

dav24.1.05

Contact: Merrick Denton-Thompson, ext 6826

email: [email protected]

1. Summary

1.1 The following decisions were taken:

(i) 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.

(ii) 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.

(iii) That the County Council will oppose further delegations of its powers and functions to the Joint Committee or its successor National Park Authority.

2. Reason

2.1 This decision supports Aims 1 to 5 of the Corporate Strategy (Maximising Life Opportunities; Stewardship of the Environment, Achieving Economic Prosperity; Building Strong and Safe Communities; and Improved Services) by working collaboratively to the benefit of the whole of the South Downs and preparing for the new administrative arrangements.

3. Other Options Considered and Rejected

3.1 Continue to operate across the South Downs as two administrations until the Government has decided on the future of the South Downs.

4. Conflicts of Interest Declared by the Decision Maker or Other Executive Member Consulted - None.

5. Dispensation granted by the Standards Committee - Not applicable.

6. Reason(s) for the Matter being dealt with if Urgent - Not applicable.

Approved by: ..................................... Date: ...................................

Councillor T K Thornber

9140Decn/MD-T

Contact: Merrick Denton-Thompson, ext 6826

email: [email protected]

1. Summary

1.1 The following decisions were taken:

That it be a recommendation to the County Council:

(i) That approval be given to the principle of the establishment of a River Hamble Harbour Board to discharge the County Council's responsibilities as Harbour Authority.

(ii) That approval be given to the preparation of amendments to the County Council's Constitution to be considered by the County Council.


(iii) That authorisation be given to the preparation of a Scheme of Delegation and protocols defining the working arrangements between the County Council, the Harbour Board and the River Hamble Harbour Management Committee, this to include provisions for the River Hamble Harbour Management Committee to have a strong scrutiny involvement. Further to this, meetings of both the Harbour Board and River Hamble Harbour Management Committee will be held in public and will be subject to the County Council's deputation procedures.

(iv) That approval be given to the creation of an Appointments Panel for the Harbour Board comprising the Chairman of the Harbour Board, a representative of the Royal Yachting Association, the British Marine Federation, the Integrated Agency and a Member of the County Council (in addition to the Chairman of the Board), and that support be given to the Panel by the County Council's Human Resources Department.

2. Reason

2.1 This decision supports Aims 1 to 5 of the Corporate Strategy (Maximising Life Opportunities; Stewardship of the Environment; Achieving Economic Prosperity; Building Strong and Safe Communities; and Improving Services) by creating a fit-for-purpose Harbour Board to discharge the County Council's statutory obligations on the regulatory Harbour Authority for the River Hamble.

3. Other Options Considered and Rejected

3.1 Do nothing and fail to comply with the relevant advice on modern ports contained in the Review of Trust Ports published in 1999.

3.2 Make changes to existing arrangements but without a Harbour Board; this option would also fail to comply with recommendations of the Trust Ports Review.

3.3 Promote a Harbour Revision Order to set up a Harbour Board as a Municipal Port within the County Council. This would take considerable time as it would almost certainly have to be considered by a Public Inquiry, it would be expensive and the outcome would be uncertain.

3.4 Promote a Harbour Revision Order to set up a Trust Port. There would be little or no advantage of a Trust Port in preference to continuation of a Municipal Port; it would be more expensive as the Ports Division would likely require a two year operating fund to be made available by the County Council; and the running costs to users of the Hamble would be likely to be more expensive because of the loss of the economies of scale.

4. Conflicts of Interest Declared by the Decision Maker or Other Executive Member Consulted - None.

5. Dispensation granted by the Standards Committee - Not applicable.

6. Reason(s) for the Matter being dealt with if Urgent - Not applicable.

Approved by: ..................................... Date: ...................................

Councillor T K Thornber

9139Decn/MD-T

Contact: Peter Robertson, ext 7300, email: [email protected]

1. Summary

1.1 The following decisions were taken:

(i) That Cabinet endorse the action taken to date and note current progress; and

(ii) That Cabinet agree the proposals for proceeding with the appointments of Director of Children's Services and a Director of Adult Care Services as soon as possible.

2. Reason

2.1 This decision supports Aims 1, 4, 5 and 6 of the Corporate Strategy

Aim 1 By promoting improved outcome for children, families and adults, who receive services from the County Council and its key partners, especially health.

Aim 4 By ensuring higher and more proactive delivery of services and providing for community support wherever practicable communities will become stronger and safer.

Aim 5 The revision of children and adult care services present unique opportunities for improvement and partnership working.

Aim 6 The governance and service delivery arrangements will develop Councillors and Staff.

3. Other Options Considered and Rejected

None - proposals result from statutory requirements.

4. Conflicts of Interest Declared by the Decision Maker or Other Executive Member Consulted - None.

5. Dispensation granted by the Standards Committee - Not Applicable.

6. Reason(s) for the Matter being dealt with if Urgent - Not Applicable.

Approved by: .................................... Date: ...................................

Councillor T K Thornber

Contact: Andrew Smith Ext: 7826 email: [email protected]

Cab0105A