Archived decisions

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1. Summary

1.1 This report seeks approval to delegate to the South Downs Joint Committee the County Council's function of preparing, publishing and reviewing a Management Plan for the East Hampshire Area of Outstanding Natural Beauty (AONB), further to Section 89 of the Countryside and Rights of Way Act 2000, together with the budget for annual expenditure allocated to the AONB by the County Council.

1.2 The report also seeks support for the making of a Statutory Instrument (SI) by the Secretary of State further to Section 13(4)(g) of the Local Government and Housing Act 1989, to enable the co-opted Members of the Joint Committee nominated by the Countryside Agency to have full voting rights.

2. Background

2.1 Hampshire County Council is awaiting the decision by the Secretary of State for Environment, Food and Rural Affairs on the future of the South Downs following the public inquiry into the proposed National Park. On 24 January 2005 Cabinet gave approval to the establishment of a Joint Committee for the South Downs under the provisions of Sections 101 and 102 of the Local Government Act 1972. At the same time decisions about the details of the final arrangements not covered by the report were delegated to the Leader of the County Council.

2.2 There were two main reasons for bringing together the South Downs Conservation Board and the Joint Advisory Committee for the East Hampshire AONB. These were:

(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 inherits a well-informed and mature programme from the start.

2.3 The Joint Committee has now been established and has met for the first time. The County Council Members are Councillors Woodhall, Knight, Cartwright, Mrs Byrom and the Chairman - Councillor West. The Assistant Director of Environment was invited to participate in the appointment of the four Countryside Agency appointees to the Joint Committee. They now include two Hampshire parish councillors, a Hampshire landowner/farmer and the newly retired ex-Regional Director of the National Farmers' Union.

3. Outstanding Detailed Arrangements

3.1 There are two detailed arrangements that need to be finalised to enable the South Downs Joint Committee to function as intended. The first concerns the executive functions from Hampshire County Council to be delegated to the Joint Committee. The second requires action by the Government to put in place the SI that would enable the Countryside Agency appointees to be able to have full voting rights on the Joint Committee.

3.2 In January 2005 Cabinet concluded that there is no intention to delegate any other function to the Joint Committee over and above those that were delegated to the Joint Advisory Committee for the East Hampshire AONB. Delegation of the preparation of the Management Plan, required under the Countryside and Rights of Way Act 2000, was approved by the Environment Committee on 25 June 2001; approval of the Plan remains with the County Council. Also delegated to the Committee was the expenditure of the budget (standing at £30,000 from the Environment portfolio, paying a project officer's salary). There is now a need for a formal resolution delegating these functions to the new Joint Committee.

3.3 Following the legislation that set up the Sussex Downs Conservation Board, an SI was put in place to enable the Countryside Agency appointees to have full voting rights on the Board. The intention now is to put a new SI in place to cover the new Joint Committee. This is perhaps more significant for East and West Sussex than for Hampshire as the Sussex Authorities have delegated more functions than Hampshire. In the Sussex part of the Downs the Joint Committee manages the Rights of Way Service and the Country Parks. A formal resolution is needed supporting the provision by the Government of the necessary SI.

4. Impact Assessments

4.1 The preparation of the Management Plan will enable all local communities to have a say in the future of their area; at the same time the SI widens the basis for decision making to include local people.

Recommendations

1. To delegate to the South Downs Joint Committee the County Council's function of preparing, publishing and reviewing a Management Plan for the East Hampshire Area of Outstanding Natural Beauty, further to Section 89 of the Countryside and Rights of Way Act 2000, together with the budget for annual expenditure allocated to the Area of Outstanding Natural Beauty by the County Council.

2. That, to enable the co-opted Members of the Joint Committee nominated by the Countryside Agency to have full voting rights, support be given to seeking the making of a Statutory Instrument by the Secretary of State further to Section 13(4)(g) of the Local Government and Housing Act 1989.

581/MD-T Rpt