Agenda item

The Cabinet may consider items of an urgent nature on functions falling within their responsibilities where special circumstances apply. Where the item relates to a key decision, the agreement of the Chairman of the Overview Select Committee must have been sought on both the subject of the decision and the reasons for the urgency. Such decisions shall not be subject to the call-in procedure as set out in the Scrutiny Procedure Rules at Part 6 of the Council’s Constitution.

The Cabinet

            RESOLVED

            The action taken by the Leader of the Council, Councillor Dr Walsh, on 2 March 2020, as set out in the report, be endorded in reconfirming the Council’s decision on its preferred route for the proposed A27 Arundel by-Pass as agreed at the Special Meeting of the Council held on 10 October 2019.

The Chairman confirmed that there were two urgent items that needed to be considered by Cabinet.

As both of these were key urgent items with special urgency, the approval of the Chairman of the Overview Select Committee, Councillor Coster, had been sought and received in accordance with Part 3 (Responsibility for Functions), Section 2.0 – Paragraph 2.3 of the Constitution.  Both items had therefore been published with less notice than the ‘five clear days’ and would not be subject to the Call-In procedure as set out in the Scrutiny Procedure Rules at Part 6 of the Council’s Constitution.

The first report was on the A27 Arundel By-Pass Consultation. The circumstances for presenting this report as urgent was to ensure that Members were aware of the response made by the Leader of the Council and the Chief Executive to the most recent consultation on the A27 Arundel By-Pass.

The second urgent item related to the Littlehampton Harbour Board which was proposing to change its governance through a Harbour Revision Order.  The proposed changes would significantly reduce this Council’s and West Sussex County Council’s representation on the Board, reducing the Council’s influence over the Board and its precept.   The circumstances for presenting this report as urgent were because it would be helpful, if the Councils wished to proceed with any alternative options, for these to be discussed now, prior to the validation of the Board’s application.  As the Harbour Board was keen to avoid the HRO being unnecessarily delayed a short time period had been provided for the Councils to consider their options at this stage.  This report was being considered under Exempt business and so would be deferred to the end of the meeting.

The Chairman then introduced the first urgent item on the A27 Arundel Bypass Consultation February 2020.  He announced that Highways England (HE) had confirmed a further four-week consultation period to end on 1 March 2020 in February 2020 as several errors had been identified in the underlying technical documents supplied.  Having had discussions with the Chief Executive it was concluded that most corrections were technical and did not materially impact the previous decision made by the Council on its preferred route to support Magenta, as confirmed at a Special Meeting of the Council on 10 October 2019.  Councillor Dr Walsh confirmed that he and the Chief Executive had taken part in a joint conference call with HE and its Contractors, WSP, on 2 March 2020 and had worked through the questions that the Council had relating to the Council’s preferred route and whether it would alter any aspects of the Council’s decision made on 10 October 2019.  The conversation had concluded that there were no substantive changes as the matters raised were technical and mainly transcription errors caused by human error.  Based on this, a formal response was sent to HE to confirm the Council’s original Council decision made on 10 October 2019 and that this still stood.  Links had been provided in the report setting out the response made in writing on 2 March 2020 to HE and to reconfirm the Council resolution made on 10 October 2019.  Councillor Dr Walsh asked Cabinet to endorse the action taken by him and the Chief Executive on this matter.

The Chairman reconfirmed that in accordance with Part 3 (Responsibility for Functions) Section 2.0, Paragraph 2.3 of the Council’s Constitution, the Cabinet was considering this item under Special Urgency as set out in Part 6 (Procedure Rules (Other) of the Constitution,  In line with Constitutional requirements the agreement of the Chairman of the Overview Select Committee, Councillor Coster, had been sought and agreed in terms of the reason for its urgency which had been to comply with HE’s latest consultation period.  As this was being dealt with under special urgency rules, the report had been published with less notice than the ‘five clear days’ and would not be subject to the Call-In Procedure.

            The Cabinet

                        RESOLVED

That the action taken by the Leader of the Council on 2 March 2020 be endorsed reconfirming the Council’s decision on its preferred route for the proposed A27 Arundel By-Pass as agreed at the Special Meeting of the Council on 10 October 2019.

The Cabinet confirmed its decision as per Decision Notice C/039/090320, a copy of which is attached to the signed copy of the Minutes.