Hampshire County Council

Executive Member for Policy and Resources

19 October 2007

Sir Harold Hiller Gardens

Part 1 - Governance arrangements and appointment of Patrons

Report by the Director of Property, Business and Regulatory Services

1

Introduction

1.1

This report on issues relating to the Sir Harold Hillier Gardens (SHHG) for which Hampshire County Council is the sole Trustee, has been dealt with in two parts. Part I (non confidential) deals with the new governance arrangements that are now in place following the Charity Commissioner's formal sealing of a new Scheme on 15 August 2007. Part 1 also seeks approval to the appointment of two Patrons at the SHHG and that an updated Masterplan for the SHHG currently being prepared is presented to the Arboretum Trust Board for approval at a later date.

1.2

Part II of the report (confidential) considers the development of Abbotswood and Ganger Farm and addresses issues that are currently being discussed with Hillier Nurseries Ltd (HNL).

Recommendations

That approval be given to:

1. The governance arrangements as set out in the report.

2. The appointment of Councillor C Davidovitz as Vice Chairman of the Advisory Committee and that this be recommended to the County Council.


3. The appointment of Lord Sainsbury of Preston Candover KG and Roy Lancaster as Patrons of the Gardens for a period of two years up to September 2009.


4. The Masterplan for the SHHG being updated and finalised and submitted to the Arboretum Trust Board for approval.

2

Governance Arrangements

2.1

Following a review by the Charity Commission in 2005, it was agreed by the Executive Member for Policy and Resources to review the governance arrangements for the SHHG. A new scheme (which replaces the original Trust Deed) was formally sealed on 15 August 2007 (see Appendix 1). The Executive Member for Policy and Resources agreed at his meeting on 25 July 2006 to implement the new governance arrangements with effect from 1 September 2007 subject to formal approval by the Charity Commission. As this approval has now been given, the new arrangements (some of which have been introduced on an interim/shadow basis) are now formally established.

2.2

The key changes to the Governance arrangements are:

· The introduction of an Arboretum Trust Board (acting as the Executive) comprising:

- Executive Member for Policy and Resources

- Chairman of the Advisory Committee

- Director of Property, Business and Regulatory Services

· The Management Committee has been renamed Advisory Committee and its composition amended to reflect:

- The appointment of a Vice Chairman (who is a member of the County Council)

- A reduction in the number of co-opted members from 8 to 6

· New Terms of Reference for the Advisory Committee (see Appendix 2) which addresses the tenure arrangements for both nominated representatives and co-opted members. These arrangements, which time limit members' terms of office, are due to become effective from May 2009 following the County Council elections

· The Standing Advisory Panel has been renamed the Gardens Panel.

2.3

The Chairman and members of the Advisory Committee, and the nominated bodies represented on the Advisory Committee have been consulted regularly on the proposals and fully support them. Public notices at the SHHG and a notice on the Charity Commission website publicising the new scheme were posted as part of the consultation procedure and no feedback was received.

2.4

The Scheme and associated policies, e.g. Risk Management, Reserve Fund and Conflicts of Interest will be reviewed on a regular basis and any proposals to amend these will be considered and approved by the Arboretum Trust Board. The Trust Board will also approve the Annual Report and Accounts in December of each year prior to its submission to the Charity Commission.

3

Patrons

3.1

The SHHG currently has one Patron, Lord Sainsbury of Preston Candover KG who was appointed in July 2005 for a period of two years. The two year period was originally as the request of Lord Sainsbury. However, following further discussions he has indicated his willingness to continue as a Patron. His appointment was approved in July 2005 by the Executive Member for Policy and Resources when it was agreed to appoint only one Patron at a time. However, following Lord Sainsbury's willingness to continue and a further proposal to appoint another Patron (fully supported by Lord Sainsbury) it is suggested that a further Patron be appointed.

3.2

A proposal has been made that Roy Lancaster should be invited to become a Patron of the Gardens. Roy has a long association with the SHHG; he was the first Curator when the County Council became responsible for it in 1977. He is a world renowned plantsman, author, television presenter, and has been a member of the Management/Advisory Committee for many years. Unofficially Roy regards himself as a friend, supporter and `Ambassador at Large' for the SHHG.

3.3

Roy lives in Hampshire and is a committed member of the Advisory Committee. He has huge enthusiasm for the Gardens and is a keen promoter of it.

3.4

It is suggested that both appointments be time limited to two years and that positions be reviewed in October 2009.

4

SHHG Masterplan

4.1

In 1995 a Masterplan was produced for the SHHG to inform its future development and improvement. This plan has both guided the development of the SHHG over the past decade and been used to enable and support the representations made in relation to the TVBC Local Plan process.

4.2

To guide the future internal development of the SHHG, accommodate the HNL aspirations and be in a strong position to respond to the Abbottswood, Ganger Farm and any other future surrounding planning and development issues, an updated Masterplan is required. This is currently in preparation and will be presented to the Arboretum Trust Board for approval in due course. One of the key issues that is being explored as part of this work is the current and future transport issues and context that the SHHG will need to respond to over the coming years, especially the impact of the Abbottswood and Ganger Farm proposals. MVA, one of the County Council's framework consultant partners has recently been appointed to undertake a transport study and assessment. The results of this will be incorporated into the Masterplan and also used in any negotiations with the Abbottswood developers in seeking planning gain and other benefits from the forthcoming planning application.

LINK(S) TO CORPORATE STRATEGY

Yes

No

Hampshire safer and more secure for all

X

Maximising well-being

X

Enhancing our quality of place

√

This proposal does not link to the Corporate Strategy but, nevertheless, requires a decision because: