Archived decisions

Hampshire County Council

River Hamble Harbour Board Item 16

30 May 2008

Deputation Procedure

Report of the Chief Executive

Contact: Colin Hinxman 01962 847343 e-mail: [email protected]

1. Summary

1.1 This report discusses the application of the County Council's deputation procedure to meetings of the River Hamble Harbour Board, and considers whether variations which apply to the Regulatory Committee should also apply to the Board.

2. Recommendation:

2.1 That the Board consider whether they wish to adopt a variation to the County Council's deputation procedure to reflect the role of the Board when dealing with applications for statutory consents to works in the Harbour or other relevant issues.

3. Background

3.1 The Board will be familiar with the deputation procedure of the County Council, which appears in Standing Order 21 and is summarised in Factsheet 2 - a link is attached at www3.hants.gov.uk/factsheets/factsheet2.htm
The deputation procedure enables interested parties on the electoral roll for Hampshire to make representations in person at meetings so that they can put forward their point of view on subjects of interest or concern.

3.2 Where deputations appear before most County Council Committees rules are applied to ensure that:

    · Deputation Members are Local Government electors for the County's area.

    · Deputations may not reappear on the same subject within six months.

    · There is no questioning of the deputations or discussion or dialogue with them.

3.3 The Regulatory Committee, when dealing with planning applications or other statutory orders, acts in a quasi-judicial way, and they have a slightly varied deputation procedure which provides that:

    · Applicants/agents and other interested parties including parish and district councillors may appear as members of deputations.

    · There is scope for a deputation to appear again, but only when an item is adjourned (for example to allow a site visit to take place) or when there is another similar planning application submitted for the same site.

    · There is provision for Committee Members through the Chairman to ask questions of deputees in order to clarify facts.

    In addition, the Regulatory Committee normally takes deputations immediately before the item to which they relate.

3.4 The Board may therefore wish to consider whether there is merit in operating a similar variation to the deputation procedure when they are dealing with statutory consents for works in the Harbour or other relevant issues (for example, setting Harbour dues). If so, in these circumstances, the Board may wish to agree a procedure on the following lines:

    · Deputations may include the applicants/agents and interested parties, including Parish and District Councillors.

    · A deputation may appear again on the same subject, but only when an item is adjourned (for example to allow a site visit to take place) or when there is another application submitted for the same site.

    · Deputation members may be asked questions through the Chairman of the Board in order to clarify facts, after having made their deputation.

      The Board are also asked to consider which matters coming before them for decision will attract the varied deputation procedure in order that there can in the future be certainty and consistency in the way the Board deals with such matters.

4. Impact Assessments

The proposals contained in this report aim to facilitate access to and participation in the Board's proceedings for all sections of the community.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1 Published works.

2 Documents which disclosure exempt or confidential information as defined in the Act.

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