Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report :

Contact name: David Evans

Tel: 01489 576387 email: [email protected]

EXECUTIVE SUMMARY

1. Reasons that Annex A of this report is not for publication

1.1 Annex A of this report is not for publication as it contains exempt information within Paragraph 5 of Part 1 of Schedule 12A to the Local Government Act 1972, being the information is in respect of which a claim to legal professional privilege could be maintained in legal proceedings.  The report incorporates legal advice on issues raised by the statutory legal objection which the County Council is entitled to consider in confidence with its respective legal advisors.  Further, it is considered that, in all the circumstances, the public interest in maintaining  this exemption outweighs the public interest in disclosing this information.  While there may be a public interest in disclosing this information, namely openness in the management of the County Council's affairs, it is felt that, on balance, this is outweighed by other factors in favour of maintaining the exemption, namely the principle that a Public Authority can instruct and receive legal advice from its legal advisors in confidence, and as such, once the draft response has been finalised and submitted to the Secretary of State it will be made public under the County Council's Publication Scheme.

2. Summary of the Decision Area:

2.1 This report covers the draft response to an objection made by Warsash Sailing Club to the Secretary of State for Transport under sec. 31 of the Harbours Act 1964.

3. Recommendation

3.1 It is recommended that the River Hamble Harbour Board gives due final consideration to the River Hamble Harbour Authority's draft response to Warsash Sailing Club's objection made under Section 31 Harbour Act 1964 attached at Annex A and delegated authority be given to officers to finalise the response and submit it to the Department for Transport".

MAIN REPORT

1. Purpose of the report:

1.1 To consider the draft response to an objection made by Warsash Sailing Club to the Secretary of State for Transport under sec. 31 of the Harbours Act 1964.

2. Contextual information:

2.1 The draft response to Warsash Sailing Club's objection under sec. 31 of the Harbours Act 1964 is at Annex A. Copies of the original objection were provided to the Harbour Board at its meeting on 11 July 2008 and can be viewed on the Harbour Authority website under `Marine Director's Current Issues' for that date.

2.2 The Department for Transport has agreed that the deadline for the Harbour Authority's response should be the end of November 2008, giving time for due consideration of the draft by both the Management Committee and the Harbour Board.

3. Impact Assessments

3.1 The content of this report has no direct bearing on the services provided by the Harbour Authority and has not, therefore, been subject to an Equalities Impact Assessment.

4. Recommendations

4.1 Please see Executive Summary for recommendations.