Rother District Council
Agenda Item:
Scrutiny Committee
-
Services
Date
-
6 June 2005
Report of the
-
Director of Services
Subject
-
Coastal Activities Project Board – Interim Report
Recommendation: It be RESOLVED that Cabinet be requested to:
1)
Either:
i) approve the appointment of Atkins Consultants Ltd to carry out a risk
assessment and comprehensive consultation process to be met from a
supplementary approval with costs being shared equally between
earmarked reserves for Scrutiny Committee consultation and existing
revenue and waive Financial Procedure Rule Q67; or
ii) to take no further action; and
2)
Approve the implementation of the draft pilot Beach Zoning Plan for the 2005
season.
This report supports the Key Aim of Meeting the Social, Leisure and Cultural
Needs of the Community.
Head of Service: Alwyn Roebuck, Head of Amenities
1.
The Coastal Activities Project Board was created by this Committee to
consider the Government’s publication “Managing Coastal Activities – A
Guide for Local Authorities”. In preparing this guide the Government
employed the services of Atkins Consultants Ltd to assist them with
formulating risk assessments and consultation processes.
2.
The Project Board has met twice, the first meeting in November 2004
considered a presentation from Atkins Consultants Ltd on the merits of the
Government guide, the need to accurately assess risk and the need for
comprehensive consultation with user groups. It was clear to Members from
the presentation that the Government did not propose any new legislation or
powers for local authorities to control the new leisure activities or ongoing
problems with jet skis/personal watercraft etc. The guide promoted the
preferred option for voluntary self management. Whilst it is broadly accepted
that 90% of beach users will comply with a voluntary scheme there remains
an element who will continue to be the cause of our current problems and
ignore any signage or voluntary code promoted along the Rother maritime
frontage. The Project Board expressed their concern at the guide’s failure to
address the need for new legislation. The Board did, however, agree that
consultation with the existing and potential users along with other key
organisations is essential if any long term progress is to be achieved.
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3.
Following the presentation Atkins offered their services to carry out the
consultation process on behalf of Rother District Council. Their proposal and
quotation is attached at Appendix 1.
4.
The proposal by Atkin Consultants consists of 4 key areas shown below. As
an integral area of work the proposal will examine the overall problem and
scope, consider the legal implications and any deficiencies in the legislation,
detailed skateholder consultation and design a pilot management scheme for
Camber Sands.
Step Number
1
(Understanding
Issues)
Description of Activity
Atkins shall help Rother District Council to:
the  Customise a SafeSands Activity Proforma
Question Sheet to identify specific issues and
risks
 Compile a list of appropriate stakeholders
 Despatch agreed letter and SafeSands
proforma
 Compile responses and arrange for key
stakeholders meetings
2
 Prepare an assessment of land ownership,
Legal “Gap Analysis”
occupiers liability and duty of care
3
 2 days of focused meetings proposed with key
(Review
experience
stakeholders in Camber Sands
and options)
4
 Prepare the design of the SafeSands Pilot
(Design of Pilot Study)
Management Scheme for Camber Sands (this
shall identify the proposed details of how the
Management Scheme will operate, what it will
cost annually, signs for known risks, likely
actions for enforcement, how pilot is to be
monitored, resource management issues etc)
 Submit final report
5.
A consultation process of this type involving users and related organisations
will raise expectations within those groups that the Council will act positively
and introduce any changes recommended from the consultation process. At
this early stage it is impossible to predict the recommendations, some of
which may not be in line with the Council’s preference or be financially
unacceptable.
6.
The cost of the work is estimated to be £11,000 and can be shared equally
from Earmarked Reserves for Scrutiny Committee consultation and from
existing revenue budgets. Members need to consider if committing £11,000 to
this consultation process will raise the public’s expectations, only to be
disappointed if the Council cannot implement the recommendations and
where this fits in the Council’s priorities. Financial Procedure Rule Q67
requires Council approval to the appointment of consultants where the cost is
expected to exceed £10,000. Ordinarily three quotes are required for works
or services over £10,000 but due to Atkins involvement with formulating risk
assessments and consultation processes for the Government guidance, it
appears sensible to utlise their knowledge and experience. It will be
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necessary to request a waiver of Financial Procedure Rule Q40 (b) should
Members wish to proceed with the appointment
7.
If it is agreed not to appoint Atkins Consultants Ltd for the whole consultation
process Members may wish to appoint them for the Legal “Gap Analysis” and
risk assessment element, details of these costs will be available at your
meeting.
8.
A Legal “Gap Analysis” will assist the Project Board in making its
recommendation on future byelaws.
9.
The second meeting of the Project Board considered a draft Beach Zoning
Plan which proposed designating areas of beach at Camber to specific
activities leaving the intensively used central beach area free for traditional
beach users and away from the physical activities such as kite surfing. The
proposed zoning plan is attached at Appendix 2.
10.
It is proposed by the Project Board that part of this draft Beach Zoning Plan
will be a pilot voluntary registration scheme operated at Camber beach for the
coming season. Members can see from the attached plan the clearly
segregated areas of the beach to specific users. If approved the pilot scheme
feedback can be used in the latter stages of the main consultation process.
11.
In view of the Government’s wish to use voluntary self management schemes
as their preferred option, instead of legislation, the Project Board have agreed
to review the byelaws currently in effect along the Rother District Council
managed coastline at their next meeting to identify any areas of improvement
which would improve management of the beach area. Any recommendations
from this review of byelaws will be included in the final report back to this
committee.
Summary
12.
At this interim stage of the Project Board’s work they are seeking approval
from this Committee to:
i)
Subject to Council approval, appoint Atkins Consultants Ltd to carry out
a risk assessment of Camber Sands and carry out a comprehensive
consultation process on behalf of this committee; and
ii)
Adopt the pilot Beach Zoning Plan at Camber for the 2005 season as
highlighted in Appendix 2.
Anthony Leonard
Director of Services
Risk Assessment Statement
Camber Sands is an extremely important area of service provision for this Council,
attracting more visitors than any other single facility over a full year. Risk
Management is an important area of the Council’s work, failure to properly address
these risks and manage them adequately could leave the Council venerable in the
future.
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Appendix 1
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Appendix 2
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