Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1. The purpose of this paper is to seek approval to an amendment to the Agreement constituting the South Downs Joint Committee (SDJC) to enable it to continue to deliver operational services until the end of March 2011 whilst the South Downs National Park Authority (SDNPA) operates in shadow form.

1.2. The proposal set out above is intended to facilitate a measured and orderly transition from current arrangements to the future management of the South Downs and to ensure efficient and effective service delivery.

2. Contextual information

2.1. At its meeting on 24 January 2005, Cabinet agreed to the proposal that the Sussex Downs Conservation Board and the Joint Advisory Committee for the East Hampshire Area of Outstanding Natural Beauty (AONB) be combined to establish a Joint Committee for the South Downs under the provisions of the Local Government Act 1972, as the interim arrangement pending a decision on the future administration of the South Downs.

2.2. The Department for the Environment, Food and Rural Affairs (DEFRA) has now confirmed that when the National Park for the South Downs is formally established, the South Downs and East Hampshire AONBs will be de-designated.

2.3. This is likely to take effect on 1 April 2010, when the SDNPA starts to operate in shadow form but one year before the SDNPA becomes fully operational. When operating in shadow form (ie until 1 April 2011) the SDNPA will not be able legally to deliver operational functions or management of the area within the National Park area, ie those functions currently delivered by the SDJC on behalf of Local Authorities.

2.4. Without a change to the constituting agreement (which references the Joint Committee to the AONBs) the Joint Committee will not be able to operate once the two AONBs are de-designated, ie from the end of March 2010. The responsibility for managing the Downs for all practical purposes would then have to revert to the individual local authorities, along with the functions, staff and budgets.

2.5. An amendment to paragraph 3(2) of the constituting agreement to refer to:

"the area previously designated as the Sussex Downs Area of Outstanding Natural Beauty as defined in the Sussex Downs Area of Outstanding Natural Beauty Designation Order 1965 and the East Hampshire Area of Outstanding Natural Beauty as defined in the East Hampshire Area of Outstanding Natural Beauty Designation Order 1961"

would allow the Joint Committee to continue to operate under the terms of the existing agreement carrying out all of those functions they carry out currently except those which can be carried out only in an AONB.

2.6. In practice, this means that most of the countryside management functions, and the role of the Joint Committee as planning consultee, could continue to be delegated to the Joint Committee by the local authorities, but functions such as the production and delivery of the AONB management plan could not. It should be noted that the only function formally delegated to the Joint Committee by the County Council is that of preparing, publishing and reviewing the Management Plan for the East Hampshire AONB, under S.89 of the Countryside and Rights of Way Act 2000.This function will no longer apply once the AONB designation is removed and replaced with the designation as a national park.

2.7. Although the SDNPA may not legally take on operational functions whilst it is a shadow body, it can gradually take on functions to prepare for its role once fully operational. The proposed solution should allow for a smooth transition in service delivery from the Joint Committee to the National Park Authority (NPA) in time for the NPA's assumption of its full legal responsibilities on 1 April 2011. At this time the Joint Committee will cease to exist at the end of the legal agreement.

2.8. The Joint Committee's remit would continue to relate to those areas currently designated as AONB rather than changing to cover the whole park area.

2.9. As a consequence of the proposed revision to the Agreement it is probable that supplementary documents, such as the South Downs Joint Committee Year Book, will need to be amended accordingly. Provision is already made in the Council's Constitution for such documentation to be signed by an authorised signatory.

3. Finance

3.1. There are no additional financial implications as a result of the revision to the wording of the agreement. Any monies unspent by the Joint Committee because of functions transferred during the year to the Shadow NPA will be ring-fenced and moved into the Joint Committee's reserves. At the end of the year, under the terms of the agreement creating the Joint Committee, unallocated reserves would be refunded to the local authorities and Natural England in proportion to their financial contributions to the Joint Committee.

4. Timing

4.1. There is some urgency in seeking to confirm the continuation of the Joint Committee until March 2011. Staff need reassurance that their roles will continue during 2010/11. Local authorities would need time to plan for the assimilation of functions in the event of agreement not being reached. Plans for the establishment of the National Park Authority need to take account of arrangements for the winding up of the Joint Committee. Local authorities and Natural England are asked to give agreement to the changes by the end November 2009 if possible.

5. Recommendation

5.1. That approval be given to an amendment to the Agreement constituting the South Downs Joint Committee, to enable it to continue to deliver operational services until the end of March 2011 whilst the South Downs National Park Authority operates in shadow form.

2212Rpt/1041/LTK

CORPORATE OR LEGAL INFORMATION:

Links to the Corporate Strategy

IMPACT ASSESSMENTS:

1. Equalities Impact Assessment:

1.1. No impact.

2. Impact on Crime and Disorder:

2.1. No impact.

3. Climate Change:

a) How does what is being proposed impact on our carbon footprint / energy consumption?

There are no impacts arising from this report.

b) How does what is being proposed consider the need to adapt to climate change, and be resilient to its longer term impacts?

There are no impacts arising from this report.