Decision:
Cabinet
RESOLVED – That
1) A further report to be brought to Cabinet to consider representations to be made in response to a statutory consultation on Littlehampton Harbour Board’s Harbour Revision Order; and
2) The Council makes a formal proposal to West Sussex County Council for the two Councils to explore jointly commissioning an options appraisal.
As this was an Urgent Decision taken in line with the Constitution, this decision is not subject to the Call-In Procedure at Part 6 of the Constitution.
Minutes:
The Chairman introduced this report stating that the Littlehampton Harbour Board (LHB) was proposing changes to its governance through a Littlehampton Revision Order (LRO).
The proposed changes would significantly reduce this Council’s and West Sussex County Council’s representation on the LHB, which in turn would significantly decrease the two Council’s influence over the LHB. It was outlined that both Councils would have the opportunity to make formal representations on the LHB’s HRO during the statutory consultation period when this commenced in due course.
The report presented, considered the draft LHB HRO and options available to the Council. As highlighted earlier, the Chairman confirmed that this was an urgent report which was being taken in accordance with Part 3 (Responsibility for Functions), Section 2.0, Paragraph 2.3 of the Council’s Constitution. The circumstances for presenting this report as a matter of urgency 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 LHB’s application. The LHB were keen to avoid its HRO application being unnecessarily delayed and so a short time period had been provided for the Councils to consider their options at this stage.
As this was a key decision, the agreement of the Chairman of the Overview Select Committee, Councillor Coster, had been sought and agreed to this report being presented along with the reasons for its urgency. It was outlined that as this was being dealt with as an item of special urgency, the report had been published with less notice than the ‘five clear days’ and the call-in arrangements therefore did not apply.
It was highlighted that the reasons for presenting this item were largely financial. The Littlehampton Harbour Board was a unique piece of legislation which stated that the Council and West Sussex County Council shared any yearly deficit on a 50/50 basis. The cost to this Council in recent years were outlined and it was confirmed that this Council’s share of the 2020/21 budget would be approximately £142k. The LHB’s plans to change the democratic arrangement by reducing the Local Authority representatives to 2 had been highlighted earlier.
Further background information surrounding the LHB’s proposed changes to its governance and changes to funding were explained. The options available to the Council were also highlighted as well as the costs involved.
In view of the options available to the Council, which were fully supported by the Cabinet, it was agreed that a further report would be brought to Cabinet during the statutory consultation period on the LHB HRO so that Cabinet could provide the Council’s formal consultation response. The representations to possibly consider were outlined and the Chief Executive explained that if needed he would use his delegated authority as the Responsible Officer. This would be in line with Paragraph 5.2 of Part 6 (Contract Standing Orders) of the Council’s Constitution.
The Chief Executive outlined that there were no conflicts of interest in considering this report, the resignations of Councillor Dr Walsh [as a West Sussex County Council nominated representative] and the Director of Place [as a District Council nominated representative] of the LHB had been confirmed.
The Cabinet
RESOLVED – That
(1) A further report be brought back to Cabinet to consider representations to be made in response to a statutory consultation on Littlehampton Harbour Board’s Harbour Revision Order; and
(2) The Council make a formal proposal to West Sussex County Council for the two Councils to explore jointly commissioning an options appraisal.
The Cabinet confirmed its decision as per Decision Notice C/049/090320, a copy of which is attached to the signed copy of the Minutes.