This report seeks amendments to the resolution agreed by the Economic Committee held on 12October 2021.  The report is being presented in line with the Monitoring Officer’s statutory roles and responsibilities.

            The Council received a report from the Group Head of Law & Governance and Monitoring Officer which was being presented as part of the Monitoring Officer’s (MOs) statutory role as set out in Part 2 of the Constitution (Articles) and in compliance with the statutory key functions in accordance with Section 5(2) (a) of the Local Government and Housing Act 1989. 

            Members were reminded that it was the key responsibility of the MO to ensure that he/she would report to the Council any case where he/she believed any proposal, decision, or omission by the Council or any of its Committees, Sub-Committees or Working Parties or any Member or Officer of the Council had given rise to maladministration or illegality.

            The MO outlined that her report was asking Council to agree to proposals to amend a resolution made by the Economic Committee on 12 October 2021 on Minute 361, Beach Hut Review. Having discussed that issue at great length, the Committee had agreed the resolution at Option 2 outlined in the report submitted to that Committee which is set out below:

1.         Approve for the Council to proceed with the beach hut review as set out in Option 2, including information within the body of the report and the attached viability appraisal at Appendix 1, as amended:

i.    To propose a 30% increase for new tenants and an annual uplift of 10% (in simple rather than compound interest terms) over the next three years for existing tenants [without change to recommendation 6 in the report – to approve for the Council to proceed with the inclusion of an annual rent increase clause (3%) within all beach hut leases issued as set out in the body of the main report (section 1.8)].

ii.   That a report on the provision on new beach huts be brought back to Committee.

iii.  That any new leases given only to be given to residents of the Arun district.

            The MO explained that in debating and agreeing to this resolution, Members had been in full agreement for all existing leaseholders to be given the right to renew their leases from 1 April 2022 regardless of whether they resided in the District or not. All Members had sought to retain tenants and protect revenue. The resolution agreed in Resolution (1) (iii) above had been agreed in error. Members were being requested to amend (iii) of this resolution with immediate effect as the consequences of the above Policy change would mean that (a) all leases would come to an end on 31 March 2022, (b) all new leases would then be renewed and granted only to residents of Arun and no others and (c) all private owned beach huts who refuse the new seven years lease (under the revised Policy) would need to sell or assign their lease ahead of 31 March 2022 deadline or lose their beach huts.

            To correct this error, which had not been intended by Members, an alternative Option 2 (1) (iii) was proposed as follows:

All existing leaseholders are to be offered the opportunity of a new lease from 1 April 2022 on the agreed revised terms. Following this any subsequent new lease given will only be granted to person(s) whose main residence is within the Arun District and, in addition, permission for any licence to assign an existing lease will only be given where the proposed buyer(s) of the leasehold interest’s main residence is within the Arun District.

            Having been proposed by Councillor Cooper and seconded by Councillor Gunner, the Council

            The Council

                        RESOLVED

                        That Part (iii) to Resolution 1 be amended to read:

All existing leaseholders are to be offered the opportunity of a new lease from 1 April 2022, on the agreed revised terms.  Following this, any subsequent new lease given will only be granted to person(s) whose main residence is within the Arun District and, in addition, permission for any licence to assign an existing lease will only be given where the proposed buyer(s) of the leasehold interest’s main residence is within the Arun District.