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					                                         Cabinet
Minutes of a meeting of the Cabinet held in the Conference Room, The Denton Island
Training and Business Centre, Denton Island, Newhaven on Wednesday, 9 July 2003 at
2.30pm

Present:
Councillor A De Vecchi (Chairman)
Councillors S T Bratchie, N A Commin, R T Crocker, S I C James, E W Lee and D O Rogers

Apology received:
Councillor L M Hallett


                                          Minutes

37     Minutes

       The Minutes of the meeting held on 4 June 2003 were approved as a correct record
       and signed by the Chairman.



38     Declaration of Interest

       Councillor S I C James declared a personal non-prejudicial interest in the Report
       relating to the Financial Update (Report No 167/03) as a Trustee of Action in Rural
       Sussex to which she had been appointed as the Council’s representative.



39     Urgent Item

       The Chairman advised that she had agreed, in accordance with Section 100B(4)(b) of
       the Local Government Act 1972, that an item relating to the date of a Special Meeting
       of the Cabinet to discuss issues relating to the redevelopment of the grounds of Lewes
       House, Lewes be taken as a matter of urgency in order that a decision can be taken at
       this meeting.



40     Date of Special Meeting of the Cabinet – July 2003

       The Chairman reported that there was a need for a Special Meeting of the Cabinet to
       be held before the end of July 2003 to consider matters relating to the redevelopment




                                             17
Cabinet                                      18                                  9 July 2003


     of the grounds of Lewes House, Lewes. It was proposed that such meeting be held on
     Tuesday, 29 July 2003, commencing at 2.30pm.

     Resolved:

     40.1        That a Special Meeting of the Cabinet be held to discuss issues relating to
                 the redevelopment of the grounds of Lewes House, Lewes, and that such
                 meeting be held on Tuesday, 29 July 2003, commencing at 2.30pm.



41   Financial Update

     The Cabinet considered Report No 167/03 which provided an update on financial
     matters affecting the General Fund Revenue Account and the Housing Revenue
     Account.

     Members noted that, at its meeting in June 2003, the Cabinet had identified growing
     pressure on the approved Information Technology (IT) budgets and the Staff and
     Corporate Policies Review Board had also been aware of the growing demands on
     those budgets, particularly with regard to the development programme, when it had
     undertaken its review of IT services during 2002/2003. Paragraph 2.2 of the Report
     set out further information relating to the pressures on the budgets and information
     relating to planned developments throughout the next two years were set out in
     paragraph 2.2(d).

     Members further noted that the level of budgeted income from the recovery of
     summons costs for non-payment of local taxes, had not been achieved during
     2002/2003 which had resulted in a review being undertaken of the current year’s
     budgets which needed to be revised downwards. Such review had not been
     undertaken since 1998 and the Report suggested that the level of cost to be recovered
     for issuing such summons be increased from £25 to £30 and that the existing charge
     of £25 for liability orders be retained.

     Paragraph 3 and Appendix B to the Report set out information relating to the Housing
     Needs Survey which was being undertaken in 2003/2004 and which comprised two
     elements namely the Private Sector Stock Condition Survey and the Housing Needs
     Survey.

     The Report suggested that an exception be made to the Contract Procedure Rules, as
     set out in the Council’s Constitution, and that the contract to undertake the surveys be
     awarded to Action in Rural Sussex for the reasons set out in paragraph 3.3 of the
     Report.

     Paragraph 4 of the Report reminded members that the Council’s Revenue Support
     Grant for 2003/2004, had been reduced by £44,431 between the provisional
     announcement in December 2002 and the final settlement in February 2003. The
     Cabinet had previously undertaken to consider the base budget at this meeting and
     determine what action, if any, needed to be taken to address the reduction.
Cabinet                                       19                                  9 July 2003


     Details of the recommended Budget Framework for 2004/2005 were set out in
     paragraph 5 of the Report which sought to integrate the Council’s priorities with its
     medium term financial plan. The framework took account of the Government’s three
     year comprehensive spending review from 2003/2004 to 2005/2006. Members noted
     that the Government had announced that the level of external support would rise by an
     average of 4.9% nationally for 2004/2005 which included provision for new
     legislative changes.

     Paragraph 6 of the Report updated members on the use of the Contingency Fund.

     Resolved:

     41.1        That the contents of the General Fund budget outlook statement, as set out
                 at Appendix A to Report No 167/03, be noted;

     41.2        That the Information Technology Development Plan, as set out in
                 paragraph 2.2(d) of the Report, and the associated revenue implications, as
                 set out in paragraph 2.2(c), be approved;

     41.3        That from 1 August 2003, the fees for Council Tax summons costs be £30
                 and those for liability orders be £25;

     41.4        That an exception be made to the Contract Procedure Rules, as set out in the
                 Council’s Constitution, and that the Housing Needs Survey be undertaken
                 by Action in Rural Sussex for the reasons set out in paragraph 3.3 of the
                 Report;

     41.5        That no action be taken at present in respect of the late adjustment to the
                 Revenue Support Grant which arose between the provisional and final
                 settlement notifications for 2003/2004;

     41.6        That the budget framework for 2004/2005, as set out in paragraph 5 of the
                 Report, be approved; and

     41.7        That the use of the Contingency Fund to date, as detailed in paragraph 6 of
                 the Report, be approved.

     Reason for the Decisions:

     A Report on funding issues in relation to the Council’s Policy Programme, General
     Fund Revenue Account and the Housing Revenue Account is made to each meeting
     of the Cabinet to ensure that the Council’s financial health is kept under continual
     review.

     (Note: Councillor S I C James declared a personal non-prejudicial interest in this
     item as a Trustee of Action in Rural Sussex to which she had been appointed as the
     Council’s representative and, therefore, was able to take part in the consideration,
     discussion and voting thereon.)
Cabinet                                      20                                 9 July 2003


42   Capital Programmes 2002/2003 and 2003/2004

     The Cabinet considered Report No 168/03 which, in paragraph 2, updated members
     on the Capital Programmes for 2002/2003 and 2003/2004.

     Details relating to the Capital Programme Outturn for 2002/2003 were alsoset out in
     paragraph 2 of the Report and paragraph 3 set out information relating to the Capital
     Programme for 2003/2004.

     Paragraph 3.2 of the Report outlined details of some proposed new additions to the
     Programme for 2003/2004 in respect of:

           The vehicle fleet

           The Disability Discrimination Act and Property Maintenance

           The Information Technology capital requirements

           Infrastructure assets

     Members’ attention was drawn to paragraph 4 of the Report which stated that, from
     April 2003, the value of support which was given to housing associations by the
     Council, and subsequently reimbursed by Local Authority Social Housing Grants
     (LASHG), had ceased. Such change was being implemented to coincide with the
     introduction of new funding arrangements for housing which would be channelled
     through the new Regional Housing Board.

     The LASHG system had allowed the Council to use its capital resources to support
     affordable housing developments. The value of that support was subsequently
     reimbursed but could not be used again, a process which left the Council in a fairly
     neutral cash flow position.

     The Board’s resources would be used towards regional priorities several of which
     were likely to have the potential to attract funds into the District. Existing national
     funding sources would be channelled through the Board and would be supplemented
     by the Government’s plans to pool capital receipts from Council House sales. The
     Report therefore invited members to review the policy on the allocation of housing
     receipts.

     Resolved:

     42.1         That the Capital Programme Outturn for 2002/2003 and the associated
                  funding of the Programme, as detailed in Report No 168/03, be approved;

     42.2         That £1,609,215 be carried forward from the 2002/2003 Capital Programme
                  into the 2003/2004 Programme; and

     42.3         That amendments be made to the 2003/2004 Capital Programme, as
                  detailed in paragraph 3.2(e) of the Report.
Cabinet                                     21                                  9 July 2003


     It was further

     Recommended:

     42.4      That in 2003/2004, the policy for using housing capital receipts be
               broadened to address the Council’s overall Capital Programme; and

     42.5      That, from April 2004, the policy be broadened to cover support for all
               areas of housing in the Council’s Capital Programme.

     Reason for the Decisions:

     A Report on the prospects for the Capital Programme is made to each meeting of the
     Cabinet to ensure that the Council’s financial health is kept under continual review.


43   Projects Update

     The Cabinet considered Report No 169/03 which set out details of several projects
     which had been previously approved and sought authorisation to submit external
     funding bids for additional projects.

     Members noted that the Heart of Reeds project aimed to develop the concept of a reed
     bed which formed a double vortex pattern in the shape of a cross section of the human
     heart. The project was being undertaken on the Lewes Railway Land by Chris Drury
     who was an internationally recognised artist based in Lewes.

     The current estimated cost was £135,000 of which £62,000 had been secured through
     the Landfill Tax Credit Scheme (LTCS) and a recent award of £48,000 by the
     Regional Arts Lottery Programme.

     In order that the LTCS funding could be released, 10%, or £6,200, of the award
     needed to be raised as match funding. So far, £3,000 of that amount had been secured
     through local sponsorship and bids for the remaining £3,200 were being progressed
     with several private sponsors.

     Members noted that the project was environmentally sensitive and that there was
     a need to carefully timetable the various stages of delivery in order to reduce the
     overall impact upon the site. Approval was therefore sought to proceed with the
     planning and contract tendering process.

     Paragraph 6 of the Report outlined proposals for the extension of the Skateboard Park
     at the Salts Recreation Ground, Seaford.

     Members further noted that a group of young people from Seaford had approached the
     Seaford Community Partnership and the Seaford Town Council requesting support for
     the provision of an extension to the existing park which was very well patronised but
     was frequently unable to accommodate the growing number of wheeled sport users
     from the local community.

     Indicative estimates had suggested that such facility would cost in the region of
     £25,000 of which £24,500 had been assembled with major contributions from both the
Cabinet                                      22                                  9 July 2003


     Council and the Seaford Town Council, from donations from community groups in
     Seaford and via fundraising activities which had been undertaken by the group.

     The land was owned and managed by the Council and, consequently, the decision to
     proceed with the project rested with the Cabinet.

     It was reported that the works were urgent and that the project should be completed as
     soon as possible in order that the facility could be used during the forthcoming school
     summer holidays. In response to members’ questions, the Director of Finance and
     Community Services confirmed that:

     (a)    A local contractor already had an order for supply of a suitable base with a
            tarmacadam top at another site which could be redirected to the Seaford site.

     (b)    The contractor which supplied and installed the successful skate ramps at Fort
            Road Recreation Ground, Newhaven, could be engaged to supply and install
            suitable equipment at the Salts Recreation Ground.

     (c)    The total cost of the project, including the provision of fencing to national
            playground standards, was approximately £35,000 (including contingency).
            The overall cost was now £10,000 above the indicative estimated cost of the
            project.

     (d)    £25,000 worth of funding had been secured which included the Council’s
            contribution of £8,500. The balance would be met from the Community
            Safety Budget which had a projected under spend of £10,000 due to the
            Malling Skate Park being re-phased into 2004/2005.

     Resolved:

     43.1        That the Heart of Reeds project on the Lewes Railway Land be progressed
                 in accordance with the risk assessment detailed in paragraph 3.5 of
                 Report No 169/03;

     43.2        That the extension to the Skateboard Park at the Salts Recreation Ground,
                 Seaford, as detailed in the Report, be approved and that an exception be
                 made to the Contract Procedure Rules contained in the Council’s
                 Constitution in order that the work can be completed at the earliest
                 opportunity for the reasons reported at the meeting; and.

     43.3        That the Director of Finance and Community Services be authorised to
                 write to the Seaford Town Council seeking to obtain a contribution for 50%
                 of the additional cost of the extension to the Skateboard Park referred to in
                 43.2 above.

     Reasons for the Decisions:

     Projects previously approved by the Cabinet have been progressed to various stages of
     delivery. The projects are an important element of the Council’s commitment to
     community development and partnership working in line with its key aims.
Cabinet                                      23                                   9 July 2003


     A number of proposed new projects have arisen that the Council does not have the
     resources to implement without the support of external funding. Cabinet approval is
     required for all external funding submissions.


44   Asset Management and the Capital Strategy

     The Cabinet considered Report No 170/03 which set out details of the current position
     of the Council’s Asset Management Plan and Capital Strategy.

     Members noted that the documents had been submitted to the Government Office for
     the South East (GOSE) on 31 July 2002 following which they had been assessed as
     being “good”.

     In line with the Government’s broader initiative to ease the Plan burden on local
     authorities, the requirement to submit Capital Strategies and Asset Management Plans
     to Government Offices, had been relaxed for those authorities whose submissions, in
     2002, had been assessed as being “good”. However, such authorities needed to
     continue producing Capital Strategies for their own purposes.

     The Asset Management Plan and the Capital Strategy had both detailed the Council’s
     commitment to the effective management of its property assets, but at that time, the
     condition of its non-housing property assets was not known. However, in May 2002,
     the Cabinet had approved a budget to undertake a condition survey of such assets in
     order to identify the extent of future maintenance requirements.

     The survey had identified a back-log of maintenance work which amounted to £2.3m.
     The external consultant which had undertaken the survey work had agreed to give a
     presentation to councillors in order to identify the key outcomes of the survey.

     Paragraph 4 of the Report reminded members that the Council was required to submit
     12 Property Performance Indicators on its non-housing property assets. Each of the
     indicators required a specific formula for this calculation, a summary of which was set
     out in paragraph 4.1 of the Report.

     Resolved:

     44.1        That the Property Performance Indicators, Local Authority Core Data and
                 outcome of the annual review of the property portfolio, be reported to the
                 Cabinet at its meeting in October 2003; and

     44.2        That a seminar be held in the autumn of 2003 for all members of the
                 Council on matters relating to the results of the condition survey of the
                 Council’s non-housing property assets.

     Reason for the Decisions:

     The Council is required to submit the Property Performance Indicators and the Local
     Authority Core Data on its property assets to the Government Office for the South
     East by 31 July 2003.
Cabinet                                     24                                 9 July 2003


45   Voluntary Sector Grants

     The Cabinet considered Report No 171/03 relating to an application for grant funding
     which had been received from the Lewes Volunteer Bureau.

     Members noted that the Bureau was a one-stop service for everything to do with
     volunteering in Lewes and the surrounding area. It provided advice and information
     and placed volunteers with volunteer-using agencies, including its own Help Service,
     and acted as a focus for the development of volunteering in the community.

     With the exception of a salaried Co-ordinator, the organisation was staffed entirely by
     volunteers who provided practical assistance including driving, shopping and
     befriending people who had sought its services. Last year the Bureau had made a
     positive response in respect of 70 of the 100 new requests for help which it had
     received.

     On 30 May 2003, the Bureau had written to the Council explaining that its services
     would stop within the next two months if further funding was not forthcoming. It
     had therefore requested a grant of £2,000, which represented a little less than the
     value of one month’s expenditure, in order that its operations could continue pending
     the outcome of grant applications which had been made to Age Concern England and
     The Lloyds TSB Foundation, details of which were set out in paragraph 2.2 of the
     Report.

     It was intended that, at the start of April 2004, the Bureau would amalgamate with
     those in Newhaven and Peacehaven to form the Lewes District Volunteer Action.
     A Management Committee had already been established for that new organisation and
     an application for charitable status had been made to the Charity Commission. It was
     anticipated that the new organisation’s head office would be in Newhaven but that the
     operational bases would continue in each of the three towns in order that a local
     presence was maintained.

     Members further noted that the awarding of such a grant would be outside the
     Council’s normal policy for grants to voluntary organisations which were restricted to
     contributions in respect of capital projects. However, there had been previous
     occasions when the Cabinet had agreed to support the continued operation of
     voluntary organisations with one-off grants.

     Resolved:

     45.1        That a grant in the sum of £2,000 be made to the Lewes Volunteer Bureau
                 to assist with its operational costs whilst it awaits responses to grant
                 applications made to various trusts, as detailed in Report No 171/03.

     Reason for the Decision:

     The Lead Councillor – Community has delegated authority to award capital grants of
     up to £5,000 to voluntary organisations provided that the projects in question fall
     within policy guidelines approved by the Cabinet. However, the Cabinet must
     consider applications for grants which are outside the normal policy guidelines.
Cabinet                                     25                                 9 July 2003


46   Sheltered Scheme Community Bus

     The Cabinet considered Report No 172/03 relating to proposals to procure a mini-bus
     to provide sheltered accommodation schemes and other community groups with
     access to improved transport.

     Members noted that, for the past 18 months, there had been a desire to improve access
     to transport for all residents of the Council’s sheltered housing schemes. The
     residents of such accommodation were elderly and, in many cases, less able to walk or
     access public transport facilities.

     Consultation had taken place with Community Transport for the Lewes Area (CTLA)
     which had offered to purchase and operate a mini-bus and to provide the Council with
     an agreed level of usage. The proposal was restrictive in that CTLA was frequently
     over subscribed with requests and there was no guarantee that a sheltered scheme
     booking request would receive priority.

     The Council did not have resources set aside to purchase and operate a vehicle or to
     fund a contract hire agreement. The Community Funding Officer had researched the
     potential funding options and had discussed the project with several organisations
     following which a draft proposal had emerged, details of which were set out in
     paragraph 4 of the Report.

     Resolved:

     46.1        That the Housing Services Manager, in conjunction with the Community
                 Funding Officer, be authorised to co-ordinate and submit external funding
                 bids to enable the procurement of a mini-bus to provide transport for
                 Council operated sheltered accommodation schemes and other community
                 groups, as detailed in Report No 172/03.

     Reasons for the Decision:

     To access an external funding opportunity that will benefit Council tenants and the
     wider community in accordance with the Council’s key aims and to act as the lead
     body so that the project may proceed.



47   Newhaven Fort Review of 2002/3 and Fees and Charges for 2004

     The Cabinet considered Report No 173/03 relating to a review of the operation of the
     Newhaven Fort in 2002 and the admission fees to be charged at the attraction in 2004.

     Members noted that, since its opening in 1988, the Fort’s management policy had
     been to maximise income from admissions and to encourage secondary spending in
     the shop and canteen.

     An annual assessment of admission fees was undertaken during the summer months
     and was based on the comments of visitors relating to value for money, price
     comparison with other Sussex visitor attractions, new features and recorded visitor
     numbers. The pricing structure allowed a degree of flexibility in order to respond to
Cabinet                                    26                                    9 July 2003


     occasional special offer promotions which might be appropriate and to help generate
     additional publicity for the Fort.

     Paragraph 2 of the Report reviewed the operation of the Fort in 2002 and paid
     particular attention to the number of visitors during that year. The table at
     paragraph 2.6 set out information relating to the Performance Indicators which were
     in place in respect of the attraction.

     The Report suggested that changes be made to the admission charges for 2004 which
     reflected an overall increase of 3%, further details of which were set out in
     paragraph 2.10 of the Report.

     Resolved:

     47.1        That the scale of admission fees for Newhaven Fort in 2004, as set out in
                 paragraph 2.10 of Report No 173/03, be approved subject to the amendment
                 of the cost of Individual Tickets for Adults being £5.00 and for Children
                 being £3.50.

     Reasons for the Decision:

     To maximise income at Newhaven Fort in-line with other Sussex visitor attractions
     and to enable the preparation of the Fort’s promotional material for 2004.

     Alternative Option Considered and Rejected

     That the scale of admission fees for Newhaven Fort in 2004, as set out in
     paragraph 2.10 of Report No 173/03, be approved.



48   Homelessness Strategy

     The Cabinet considered Report No 174/03 relating to the Draft Homelessness
     Strategy.

     Members noted that the Council was required, under the Homelessness Act 2002, to
     publish a Strategy by 31 July 2003, a draft of which was appended to the Report.

     The Council was required to complete a review of homelessness and its causes in the
     District and to produce a strategy to address the current and future levels of
     homelessness. A pre-requisite of the process was that there needed to be extensive
     consultation with all stakeholders and interested parties.

     The Draft Strategy had been approved by the Cabinet at its meeting on 4 June 2003
     and had been the subject of the consultation process. 19 specific points had been
     raised during that procedure and had been incorporated in the final version of the
     Draft Strategy document.
Cabinet                                         27                                9 July 2003


     Resolved:

     48.1        That the Homelessness Strategy, as appended to Report No 174/03, be
                 approved for publication by 31 July 2003.

     Reason for the Decision:

     The Council is required to publish a Homelessness Strategy by 31 July 2003 under the
     terms of the Homelessness Act 2002.



49   South Hill Barn Car Park, Seaford Head – Visitor Survey 2002

     The Cabinet considered Report No 141/03(A) relating to a survey of visitors to the
     South Hill Barn Car Park, Seaford Head, Seaford, which had been undertaken in
     2002. A similar version of the Report had been prepared for consideration by the
     Cabinet at its meeting held on 4 June 2003 but had been deferred in order that further
     consultation could be undertaken with the Seaford Town Council and the Seaford
     Head Nature Reserve Management Committee (SHNRMC).

     Members were reminded that, at its meeting held on 26 June 2002, the Cabinet had
     agreed to undertake surveys of users of the car park in order to establish the current
     pattern of usage and to assist in future management of the car park, the adjacent
     Seaford Head Nature Reserve and the coastline. The surveys had been undertaken
     between July and November 2002 using the questionnaire form, a copy of which was
     set out at Appendix A to the Report.

     A copy of the full Survey report had been placed in the Members Room, Lewes
     House, Lewes, an Executive Summary of which was set out at Appendix B to the
     Report. The comments of the SHNRMC, Seaford Town Council, the Sussex Downs
     Conservation Board and English Nature were set out at Appendix C to the Report.

     Several issues had arisen from the survey including:

           The future of the South Hill Barn

           The introduction of pay parking

           Continued maintenance of the Hope Gap steps.

     The Barn was currently vacant and represented a maintenance liability. It had no
     electricity, water supply or foul drainage but some visitors had suggested that it be
     converted for use as a public toilet or a camping barn which could offer basic over
     night accommodation for walkers and cyclists. The Seaford Town Council and the
     SHNRMC had wanted to retain the Barn for agricultural use.

     Paragraphs 3.13 to 3.15 of the Report explored issues relating to the introduction of
     pay parking at the site. Overall, just over half of the visitors to the site had indicated
     that they would continue to park if there was a charge of, say, £1.00 per half day and
     just under half of the visitors had indicated that they would not pay such charges. The
     Report suggested that the introduction of parking charges might reduce the amount of
Cabinet                                      28                                   9 July 2003


     traffic to and from the site, enable improved site management and allow the area to be
     better integrated with others along the stretch of coastline between Seaford and
     Eastbourne. However, the introduction of the charges might result in some vehicles
     being displaced to other locations and in spoiling the appearance of the site through
     the introduction of pay machines, notice boards or control gates etc. Both the Seaford
     Town Council and the SHNRMC were strongly opposed to the introduction of such
     charges.

     The Survey results had suggested that only a small minority of visitors would be put
     off visiting the site if the Hope Gap steps were not available. They were sited in a
     very exposed location and pounded by the sea which resulted in the Council incurring
     high maintenance costs of over £41,000 since 1996.

     The steps provided an escape route for beachcombers who became trapped by
     incoming tides and, therefore, their value could not be simply based on a head count
     of the number of people who used them. The Seaford Town Council and the
     SHNRMC supported the continued maintenance of the steps and English Nature,
     which supported the continued access to Hope Gap, was of the opinion that the steps
     should eventually be replaced with a freestanding structure of the type which was
     currently in place at Birling Gap.

     Members noted that the Seaford Town Council and the SHNRMC were concerned
     about the Survey results on the basis that most of the surveys had been undertaken
     during the main holiday period and that the results had therefore been biased towards
     the views of holiday visitors/day trippers and against those of local residents.

     Resolved:

     49.1        That the results of the South Hill Barn Visitor Survey, as detailed in
                 Report No 141/03(A), be noted;

     49.2        That the Director of Planning and Environmental Services be authorised to
                 arrange for a survey to be undertaken of the South Hill Barn, Seaford Head,
                 Seaford in order that its condition can be established and that such survey
                 include costings both for any necessary repairs which are required to put the
                 Barn back into a sound condition and for an appropriate maintenance
                 regime;

     49.3        That once the survey referred to in 49.2 above has been completed, the
                 Director of Planning and Environmental Services be authorised to seek the
                 interest of a local farmer in using the Barn for agricultural purposes;

     49.4        That the continued maintenance of the Hope Gap Steps be supported and
                 that the Director of Planning and Environmental Services be requested to
                 prepare a Report on matters relating to the Steps to a future meeting of the
                 Cabinet following the completion of the Coastal Defence Strategy, which
                 will be undertaken over the next couple of years, and upon the creation of
                 the South Downs National Park, which will incorporate the site;
Cabinet                                     29                                  9 July 2003


     49.5      That the existing low-key management of the South Hill Barn car park be
               supported and that proposals for marked parking bays and screening of the
               site, be not supported;

     49.6      That the Director of Planning and Environmental Services be authorised to
               investigate, with NO commitment, or authority, to instigate, a charging
               policy in respect of car parking at the site, and that the framework for such
               investigation include:

                  consideration of the economics of charging – would charging be cost
                   effective once overheads/supervision/installation etc costs are
                   considered?

                  peak period charging only

                  a substantial discount scheme for local residents

                  consideration of the consequences of parking charges on the access
                   roads and neighbouring land

                  the “ring-fencing” of any profits for future maintenance/ improvements
                   of the Seaford Head Nature Reserve;

     49.7      That the comments from the other consultees on detailed Nature Reserve
               management issues (eg, dog fouling, protecting ground nesting birds), be
               referred to the Seaford Head Nature Reserve Management Committee for
               its consideration.

     Reason for the Decisions:

     To consider the appropriate management arrangements for the site in the light of the
     Survey results.

     Alternative Option Considered and Rejected

     That, in addition to the matters set out in 49.1 to 49.7 above, the Director of Planning
     and Environmental Services be requested to investigate, and prepare a Report to a
     future meeting of the Cabinet, on matters relating to a more active management policy
     for the site.


50   Parking in Lewes

     The Cabinet considered Report No 175/03 relating to on and off-street parking in
     Lewes.

     Members noted that the Report related to parking issues throughout the next five or so
     years and was not concerned with the longer term which was to be the subject of a
     specific study and would result in the production of a parking strategy in the review of
     the Council’s development plan. However, it was anticipated that such a study would
     take at least a year to undertake and, perhaps another five to ten years to implement.
Cabinet                                       30                                9 July 2003


     In the meantime, the Council needed to respond to the combination of several events
     which would affect the parking situation in the town, namely:

           The redevelopment of the Lewes House site in 2003 and 2004

           The decriminalisation of on-street parking in 2004

           The environmental improvement of Cliffe High Street in 2004

           The temporary use of parking areas during the construction of a combined sewer
            outfall scheme in 2004 and 2005

           The construction of a flood wall in Tesco’s car park in 2004

     The effect of those events would occur over a period of 18 months and would reduce
     the stock of publicly available, and other major parking, in Lewes, further details of
     which were set out in the Report.

     The Report therefore suggested that the capacity of off-street parking be increased and
     the quality be improved by a range of measures including:

           Leasing back part of the North Street car park from the East Sussex County
            Council

           Removing the coach bay from the Brook Street car park

           Discontinuing the issue of permits for car parking

           Undertaking a package of surface improvements etc to enhance some of the car
            parks

     Resolved:

     50.1        That the Council participate with the East Sussex County Council in a Joint
                 Member Panel to co-ordinate management of on and off-street parking after
                 decriminalisation, as detailed in Report No 175/03;

     50.2        That the introduction of more short stay parking in the Phoenix car park, be
                 approved;

     50.3        That the Director of Planning and Environmental Services and the Director
                 of Finance and Community Services be authorised to seek to lease the
                 western part of the North Street car park and The Maltings car park for
                 public parking for at least five years;

     50.4        That the coach bays be removed from the Brook Street and the Phoenix car
                 parks, (NB The East Sussex County Council will be replacing the coach
                 bay which is located in The Causeway car park with bays on the Phoenix
                 Causeway. This Council is also negotiating with the East Sussex County
                 Council for the provision of a coach drop-off point in the upper High
                 Street);
Cabinet                                     31                                  9 July 2003


     50.5      That the issuing of permits for all pay and display car parks in Lewes be
               discontinued and that permit holder only parking at the Spring Gardens,
               Pinwell Road, Little East Street, Brook Street and Mountfield Road car
               parks be removed, as detailed in paragraph 2.20 of the Report;

     50.6      That the enhanced package of improvements to the Lewes car parks, as
               detailed in the Report, be undertaken before 2004;

     50.7      That the Director of Finance and Community Services, in consultation with
               the District Solicitor and the Lead Councillor – Planning, be authorised to
               make arrangements (including proposals for temporary replacements) for
               any necessary agreements for use of any car park sites by Southern Water in
               respect of its sewer outfall project; and

     50.8      That the Director of Planning and Environmental Services and the Director
               of Finance and Community Services be authorised to make arrangements
               for communication with key local stakeholders on matters relating to the
               parking issues in Lewes, as detailed in the Report.

     Reason for the Decisions:

     To respond to the changing circumstances relating to on and off-street parking in
     Lewes.


51   The Lewes District Council (Off-Street Parking Places) (No 2) Order 2003:
     Closure of Lewes House Car Park and Reduction in the Parking Time for Lewes
     Leisure Centre Car Park

     The Cabinet considered Report No 176/03 relating to the closure of the Lewes House
     car park, Lewes and the reduction in the parking time for the Lewes Leisure Centre
     car park.

     Members were reminded that, at its meeting held on 31 July 2002, the Cabinet had
     authorised the publication of the Notice which proposed the making of a new off-
     street car parking Order, the effect of which was to close the Lewes House car park.
     In the event that no objections were received during the statutory consultation period,
     authority had been given to make the new Order.

     In view of the need to co-ordinate the new Lewes Library project, the residential
     development at Lewes House and the new access road to serve the development, the
     Order proposal had not been published until June 2003. However, in the interim it
     had become apparent that the closure of the Lewes House car park might well have an
     adverse effect upon the parking facilities at Lewes Leisure Centre and therefore the
     Head of Community Leisure had requested that the new Order should include
     provisions which would reduce the maximum parking time at the Centre from 24
     hours to two hours and would enable excess charges to be levied for overstaying that
     period. The intention of the proposed provisions was to restrict the use of the car park
     to bona fide users of the Centre.
Cabinet                                      32                                  9 July 2003


     The District Solicitor reported details of a response to the consultation process which
     had been received from the East Sussex County Council and a further response from
     the Sussex Police, both of which had been received within the consultation timescale.
     The Sussex Police raised no objections to the proposals detailed in the Report. The
     East Sussex County Council commented that the proposed changes could increase
     pressure on on-street parking. She further reported details of two additional responses
     which had been received outside the consultation timescale. One related specifically
     to parking at Lewes Leisure Centre and the objector’s concern (which related to
     operation of the barrier) could be met. The other had been received from UK Council
     and queried the rationale of deleting long-term stay parking spaces behind Lewes
     House and commented that such action would adversely affect businesses in the town.

     Resolved:

     51.1        That details of the responses to the consultation process, as set out in
                 Report No 176/03 and as reported at the meeting by the District Solicitor,
                 be received and noted; and

     51.2        That the District Solicitor, the Director of Finance and Community Services
                 and the Head of Community Leisure be authorised to include, in the new
                 Lewes District Council (Off-Street Parking Places) (No 2) Order 2003, a
                 reduction in the maximum stay period in Lewes Leisure Centre car park
                 from 24 hours to two hours and for excess charges to be levied for
                 overstaying that period.

     Reason for the Decisions:

     To comply with the statutory procedure laid down in the Road Traffic Regulation Act
     1984 (as amended).


52   Air Transport in the South East

     The Cabinet considered Report No 177/03 relating to the response of the Lead
     Councillor – Planning to the Government’s consultation on the options for the future
     development of air transport in the United Kingdom.

     Members noted that, as a result of action in the High Court, the Government’s
     consultation had been extended to cover the option for the expansion of Gatwick
     Airport, which had previously not been considered following an agreement not to
     construct a second runway before 2019.

     The Director of Planning and Environmental Services had circulated details of the
     Lead Councillor’s response to the consultation which had been sent to the
     Government before the deadline date of 30 June 2003 (a copy of which is contained in
     the Minute Book) . However, in view of the major issues which had been addressed
     in the consultation, the Cabinet was invited to endorse the Lead Councillor’s
     comments.
Cabinet                                     33                                 9 July 2003


     Resolved:

     52.1        That the response of the Lead Councillor – Planning, to the Government’s
                 consultation relating to the options for the future development of air
                 transport in the United Kingdom, a copy of which is contained in the
                 Minute Book, be endorsed.

     Reason for the Decision:

     To endorse the response of the Lead Councillor – Planning to the Government’s
     consultation.


53   Development Contributions Towards Local Infrastructure

     The Cabinet considered Report No 178/03 relating to the current arrangements for
     seeking contributions from developers towards local infrastructure to offset the impact
     of their development and proposals for a procedure and a protocol for collecting
     contributions on a more consistent basis.

     Members noted that development could not be considered in isolation from the
     settlement or community in which it took place. New development in particular
     residential development, imported new people into an area who brought with them
     additional demands for education, recreation, social and community facilities. The
     development also generated a need for adequate transportation and physical
     infrastructure to serve the site.

     In determining planning applications, the Local Planning Authority needed to take
     into account all material considerations including the provision of the infrastructure
     which was necessary to support the development. New developments imposed extra
     costs on the community at a time when resources were stretched by, for example,
     generating extra demand for school places and additional recreation space.

     Government planning guidance had therefore made it clear that Local Planning
     Authorities could seek contributions from developers to offset the additional burden
     which their developments generated on the local infrastructure. Such contributions
     could either be in the form of financial donations to a service provider, or in kind,
     where developers could provide or extend facilities.

     Paragraphs 1.5 to 1.8 of the Report set out information relating to national guidance
     on developer contributions, paragraphs 1.10 to 1.15 detailed the county-wide policies
     on such contributions and paragraphs 1.16 to 1.19 outlined the Local Plan Policies in
     respect of the contributions.

     Developer contributions had, for many years, been sought by the Council on an ad-
     hoc basis. However, the emphasis on securing contributions had grown nationally in
     recent years and there was now a clear policy basis in the Adopted Structure Plan and
     Local Plan together with an emerging county-wide Supplementary Planning Guidance
     note.
Cabinet                                       34                                    9 July 2003


     The Report stated that development contributions were now being sought on a more
     consistent and wide-ranging basis and suggested that a clear Schedule be established
     which would be consistent and transparent. The Report suggested that such Schedule
     be piloted for a period of up to 12 months from August 2003 to August 2004 during
     which time the Officers could collect contributions towards the major public services,
     including education and transportation, but not towards the less fundamental services.

     Resolved:

     53.1        That the Council seeks development contributions on the basis of items
                 selected from the East Sussex County Council’s Draft Supplementary
                 Planning Guidance (SPG) entitled “A New Approach to Development
                 Contributions” and the District Council’s SPG entitled “The Provision of
                 Outdoor Playing Space as part of New Residential Development”, as
                 outlined in Report No 178/03;

     53.2        That the protocol under which the collection of development contributions
                 will be operated for a maximum period of 12 months, as detailed in the
                 Report, be approved and that the Director of Planning and Environmental
                 Services be requested to prepare a Report for consideration by the Cabinet,
                 relating to the operation of the system after the expiration of the trial period,
                 or earlier if necessary;

     53.3        That the implementation of a new system of recording, tracking,
                 monitoring, auditing and releasing development contributions to
                 complement the increased levels of contributions being sought, as set out in
                 paragraphs 1.48, 1.49 and 1.50 of the Report, be agreed;

     53.4        That the Director of Planning and Environmental Services, in consultation
                 with the Lead Member – Planning, be authorised to prepare a new SPG to
                 consolidate information on contributions towards services provided by the
                 Council, the East Sussex County Council and other service providers, as a
                 basis for consultation with interested parties, and be requested to prepare a
                 Report for consideration by the Cabinet following the consultation period,
                 on matters relating to the new SPG; and

     53.5        That a seminar relating to developer contributions, be held for all members
                 of the Council, representatives of town and parish councils and other
                 interested parties, and that such seminar be arranged to coincide with the
                 consultation on the Draft SPG.

     Reason for the Decisions:

     To implement a procedure and a protocol for collecting development contributions on
     a more consistent basis for a pilot period.


54   New Licensing Legislation

     The Cabinet considered Report No 179/03 relating to the main provisions and
     implications of the new licensing regime.
Cabinet                                        35                                 9 July 2003


     Members noted that the new Licensing Bill was currently before Parliament and was
     likely to receive Royal Assent in July 2003.

     The Licensing Act would reform and modernise the existing arrangements for
     licensing the sale of alcohol, the provision of public entertainment including music,
     dancing, theatre, cinemas and the provision of late night refreshment between 23.00 to
     05.00 hours. It would implement the White Paper entitled “Time for Reform –
     Proposals for the Modernisation of our Licensing Laws” and the recommendations of
     the Better Regulation Task Force.

     Once in place, the Act would allow the relaxation of fixed opening hours and bring
     potential benefits in terms of tourism, culture and regeneration strategies. It would
     also compliment the work of Councils in developing community plans and crime and
     disorder strategies as well as their responsibilities for public safety, nuisance and
     public order.

     Details of the main provisions of the Act were set out in paragraph 2 of the Report
     and paragraph 3 examined the implications for the Council and the ways forward in
     respect of:

           Licensing Policy

           The establishment of a Licensing Committee

           Staff resources and licence fees

     Appendix 1 to the Report outlined the recommended delegation of functions as
     detailed in the Draft Guidance which had been issued under Section 177 of the
     Licensing Act and Appendix 2 set out further information relating to the main features
     of the Licensing Bill.

     Resolved:

     54.1         That a Draft Licensing Policy be developed for consultation, as detailed in
                  paragraph 3 of Report No 179/03;

     54.2         That administration and information technology systems be developed in
                  respect of the Council’s responsibilities relating to the proposed new
                  Licensing Act, as detailed in paragraph 3 of the Report; and

     54.3         That the Director of Planning and Environmental Services be authorised to
                  undertake further work to quantify the resource implications of the new
                  function, and be requested to prepare a further Report to the Cabinet at its
                  meeting in September 2003, outlining staff resourcing implications and
                  proposals for staff appointments.

     Reason for the Decisions:

     To prepare the Council for the imminent implementation of a new licensing regime.
Cabinet                                    36                                   9 July 2003


55   Freedom of Information – Newhaven Port Health Authority

     The Cabinet considered Report No 180/03 relating to the proposed Model Publication
     Scheme for Newhaven Port Health Authority.

     Members noted that the Council was the Port Health Authority for the port health
     district of Newhaven. It was a statutory function which had been imposed on the
     Council by the Newhaven (Lewes District) Port Health Authority Order 1980 which
     was a function under a local Act and not one which was specified in Schedule 2 to the
     Local Authorities (Functions and Responsibilities) (England) Regulations 2000.

     Officers of the Environmental Health Department performed the Port Health role and
     undertook several functions including sampling and checking imported food, de-
     ratting of ships and vessels and carrying out public health checks on ships.

     The Information Commissioner had recently contacted the Council requiring the Port
     Health Authority to adopt a separate Publication Scheme for the Freedom of
     Information Act 2000, a draft of which was set out at Appendix A to the Report.

     The Draft was closely linked to the Council’s main Freedom of Information
     Publication Scheme and in most cases, contained references to the same material.

     Resolved:

     55.1        That the Model Publication Scheme for Newhaven Port Health Authority,
                 as set out at Appendix A to Report No 180/03, be adopted.

     Reason for the Decision:

     To adopt the Model Publication Scheme for the Newhaven Port Health Authority in
     response to a request by the Information Commissioner to do so.


56   Policy on Abseiling for Charitable Fundraising from the Cliffs at Peacehaven

     The Cabinet considered Report No 181/03 relating to the Council’s policy on
     abseiling for charitable fundraising from the cliffs at Peacehaven.

     Members were reminded that the Council owned the cliff top land together with the
     cliff face and the coast defences beneath. Abseiling down the cliffs for charitable
     fundraising had been permitted for several years at a site near to the Bastion Steps,
     subject to:

     (a)    supervision by appropriately experienced, equipped and insured leaders for
            abseiling activity; and

     (b)    avoiding the nesting season (March – August) for certain rare birds who used
            the cliff ledges.

     In early 2001, following periods of exceptional autumn and winter rainfall, major cliff
     falls had occurred at Peacehaven which required the closure of the access steps and
     under cliff walks. However, there had been no evidence of cliff instability in the
Cabinet                                        37                                    9 July 2003


     immediate vicinity of the Bastion Steps. A programme of cliff stabilisation works
     was undertaken in June 2001 following which the access was re-opened.

     As part of its response to the cliff instability, the Cabinet, at its meeting in April 2001,
     had agreed to suspend abseiling activity for a period of one year pending a review of
     its long term policy and consultations with interested parties.

     The consultation process had been undertaken and the matter had been, once again,
     considered by the Cabinet at its meeting in June 2002 at which it had been agreed to
     suspend abseiling activities for a further year through to the summer 2003.

     Further consultations had been undertaken with the people and organisations referred
     to in paragraph 1.7 of the Report the comments of which were set out therein and at
     Appendix A.

     The Report invited members to review the Council’s policy relating to abseiling
     activity, the options for which were detailed in paragraph 1.8.

     The Director of Planning and Environmental Services circulated a Supplementary
     Report (a copy of which is contained in the Minute Book) which set out further
     information relating to the proposed policy on abseiling from the cliffs at Peacehaven.

     Resolved:

     56.1        That applications for abseiling at the Bastion Steps, Peacehaven, be
                 allowed, subject to conditions requiring supervision by appropriately
                 experienced, equipped and insured leaders; and

     56.2        That the Director of Planning and Environmental Services and the
                 Community Services Manager be:

                 (a)   authorised to liaise, on site, with representatives of English Nature
                       and the Royal Society for the Protection of Birds in March/April each
                       year to assess whether there are any breeding pairs of birds nesting in
                       the immediate vicinity of the Steps and that:

                       (i)    if nesting birds are present, abseiling be restricted to the months
                              of September and October; and

                       (ii)   if nesting birds are not present, a longer period of abseiling
                              activity be allowed between May and October;

                 (b)   authorised to arrange for the installation of a sign at the Steps at the
                       top of the cliffs stating:

                       (i)    “Abseiling for supervised groups only, with written consent of
                              Lewes District Council ...... Contact (01273) 484499”; and

                       (ii)   text to the effect that people visiting the cliffs should park their
                              vehicles in a manner which respects the needs and concerns of
                              local residents; and
Cabinet                                       38                                   9 July 2003


                 (c)   authorised to consult with local residents at the end of the abseiling
                       season in order to establish the impact on the local community of
                       abseiling activities being undertaken.

     Reason for the Decision:

     To establish a long term policy for abseiling from the cliffs.

     Alternative Option Considered and Rejected

     That applications for abseiling at the Bastion Steps, Peacehaven, be allowed subject to
     conditions requiring supervision by appropriately experienced, equipped and insured
     leaders and that such activity be limited to September and October, so as to avoid the
     bird nesting season and poor winter weather, as detailed in Report No 181/03.


57   Groundwater Flooding: Proposed INTERREG Project, led by Brighton
     University

     The Cabinet considered Report No 182/03 relating to the Council’s participation in a
     proposed INTERREG project to investigate groundwater flooding in the South Downs
     of England and Somme region of northern France.

     Members noted that the Applied Geology Research Unit at Brighton University was
     co-ordinating an INTERREG bid to investigate groundwater flooding in the
     chalklands of those regions. The University, the British Geological Survey and the
     BRGM (French Geological Survey) were partners in the project and Southern Water,
     the Environment Agency and local authorities had been invited to participate in the
     proposal, the purpose of which was to:

           improve the understanding of water flows in the chalk blocks which triggered
            groundwater flood events

           develop techniques for monitoring groundwater levels in the chalk

           develop tools for forecasting groundwater flooding events and to improve
            management of flood risk such as flood warning arrangements

     As far as the South Downs were concerned, the project would focus on the Patcham
     and Moulsecoomb Valley catchments in Brighton and Hove City and the
     Winterbourne catchment in Lewes District.

     Resolved:

     57.1        That the Council participate in the proposed INTERREG project to
                 investigate groundwater flooding in the South Downs of England and the
                 Somme region of northern France, as detailed in Report No 182/03;

     57.2        That the Council’s contribution be “in kind”, in the form of staff time and
                 provision of data; and
Cabinet                                      39                                   9 July 2003


     57.3        That the Director of Planning and Environmental Services be requested to
                 prepare further reports for consideration by the Cabinet at key stages in the
                 project.

     Reason for the Decisions:

     To assist better understanding of groundwater flooding, particularly in the catchment
     of the Winterbourne Stream, which should assist prediction and management of flood
     events.


58   Southover Grange Gardens Petition

     The Cabinet considered Report No 184/03 relating to action which had been taken,
     and was proposed, in response to a petition which had been received from local
     residents requesting the Council to prohibit the playing of ball games and the
     discarding of litter in Southover Grange Gardens, Lewes.

     Members noted that the Gardens were formally laid out with annual bedding, shrub
     and herbaceous borders and selective planting of trees. It was an area where people
     could relax and enjoy the surroundings.

     Elsewhere on the Agenda for this meeting of the Cabinet, was a Report relating to the
     drafting of new byelaws which, when implemented, would replace the existing
     byelaws. The new ones would be enforced with the co-operation of the local police
     and included the prohibition of ball games at specific sites including Southover
     Grange.

     A meeting had recently been held with representatives of the petitioners, Sussex
     Police and the Head of Priory School during which it had been suggested that the
     police and council officers work with local schools and the Education Authority in a
     concerted effort to reduce issues of anti-social behaviour in the Gardens, including the
     discarding of litter.

     Members noted that there was no intention to stop families, with very young children,
     enjoying quiet, non-intrusive games or the long-standing annual skittles event and
     there were two alternative recreation grounds located nearby at Convent Field and
     Bell Lane where ball games could be played.

     Resolved:
Cabinet                                     40                                  9 July 2003


     58.1      That the action taken to date regarding the playing of unauthorised ball
               games and the discarding of litter within the Southover Grange Gardens,
               Lewes, as detailed in Report No 184/03, be supported; and

     58.2      That the Community Review Board be requested to consider how the
               Council can best tackle the issue of anti-social behaviour within the
               community.

     Reasons for the Decisions:

     To provide an effective response to an issue of local concern and to consider a
     framework under which the Council, and its partners, can more effectively engage
     with the local community to jointly tackle wider issues of anti-social behaviour.


59   Revised Byelaws for Pleasure Grounds, Public Walks and Open Spaces in the
     District of Lewes

     The Cabinet considered Report No 183/03 relating to revised byelaws for pleasure
     grounds, public walks and open spaces in the District which had been compiled to
     consolidate and replace redundant byelaws which had been made by the Council, the
     former Seaford Urban District Council and the former Borough of Lewes. A draft set
     of the proposed new byelaws was set out at Appendix 1 to the Report.

     Members noted that the old byelaws relating to pleasure grounds, recreation grounds
     and open spaces, had been made in 1928 and 1965, and those for the Southover
     Grange, Lewes had been established in 1997. However, the Home Office had
     discovered that an earlier, unrevoked set of byelaws existed for Southover Grange and
     had stated that it was not legally possible for two sets of byelaws to exist at the same
     time and that neither set was enforceable until one of them had been revoked.

     The Report therefore suggested that both sets be revoked and be replaced with a
     single set of byelaws which could also be applied to other recreation grounds and
     open spaces which were owned or maintained by the Council.

     Members’ attention was drawn to Byelaw 11 which applied to the Southover Grange
     Gardens, part of the Crouch Gardens, Seaford and part of the Cinque Foil Play Area,
     Peacehaven and which prohibited the playing of all ball games in the grounds except
     those which occurred in connection with an event organised by, or held with the
     consent of, the Council. Such exemption was designed to enable the annual skittles
     tournament to be held in the Southover Grange Gardens.

     The Report outlined a model Byelaw, which had been produced by the Office of the
     Deputy Prime Minister, which prohibited any person who was 14 years of age and
     over from playing or taking part in any ball game in designated grounds. The Report
     suggested that it would be impossible to enforce such Byelaw particularly as it was
     extremely difficult for officers of the Council or the police to properly establish the
     age of a potential offender.

     Details of the consultation process which had been undertaken in respect of the
     proposed new byelaws were set out in paragraphs 10 and 11 of the Report.
Cabinet                                       41                                   9 July 2003


     The District Solicitor reported details of a letter which had been received from
     Seaford Town Council outside the consultation timescale which requested:

     (a)    that the Blatchington Pond in Avondale Road/Sutton Drove, Seaford, be
            incorporated within the Byelaws and be added to the list of grounds in
            Schedule F (Byelaw 23) which dealt with the pollution and obstruction of
            waterways; and
     (b)    that the Lexden Road Open Space (Plan LDC 21) be added to the list of
            grounds in Schedule C (Byelaw 11) which prohibited all ball games except
            those held in connection with an event organised by, or held with the consent
            of, the Council.

     Resolved:

     59.1        That the contents of the Draft Byelaws for Pleasure Grounds, Public Walks
                 and Open Spaces in the District of Lewes, as set out at Appendix 1 to
                 Report No 183/03, be noted;

     59.2        That the results of the consultation exercise completed on 2 June 2003 in
                 respect of the Draft Byelaws, be noted;

     59.3        That the District Solicitor be authorised to write to the Office of the Deputy
                 Prime Minister (OPDM)outlining the requests which had been made by the
                 Seaford Town Council, namely that:

                 (a)   the Blatchington Pond in Avondale Road/Sutton Drove, Seaford, be
                       incorporated within the Byelaws and be added to the list of grounds in
                       Schedule F (Byelaw 23) which deals with the pollution and
                       obstruction of waterways; and

                 (b)   the Lexden Road Open Space (Plan LDC 21) be added to the list of
                       grounds in Schedule C (Byelaw 11) which prohibits all ball games
                       except those held in connection with an event organised by, or held
                       with the consent of, the Council,

                 in order to ascertain whether or not the amendments would, in any way,
                 further delay the confirmation and enactment of the Byelaws. Such
                 revisions to be included ONLY if there is likely to be no further delay in
                 the confirmation and enactment of the Draft Byelaws;

     59.4        That the wording of Model Byelaw 11 be varied to expressly permit the
                 continued operation of the annual skittles tournament in Southover Grange
                 Gardens, Lewes, and that the District Solicitor be authorised to agree an
                 amendment to this effect with the ODPM; and

     59.5        That, if the ODPM approves the Draft Byelaws, including the amendments
                 referred to in 59.3 (as appropriate) and 59.4 above, the District Solicitor be
                 authorised to submit the Byelaws to the Council for ratification at its
                 meeting on 16 July 2003.
Cabinet                                    42                                   9 July 2003


     It was further

     Recommended:

     59.6      That the Byelaws made under Section 164 of the Public Health Act 1875
               and Sections 12 and 15 of the Open Spaces Act 1906, by Lewes District
               Council, for Pleasure Grounds, Public Walks and Open Spaces, be ratified
               and that the District Solicitor be authorised to affix the Common Seal to
               these Byelaws; and

     59.7      That the District Solicitor be authorised to apply to the Office of the Deputy
               Prime Minister for confirmation of the Byelaws.

     Reason for the Decisions:

     To have in force a modern set of byelaws for pleasure grounds, public walks and open
     spaces.



60   Electoral Regions of UK MEPs

     The Cabinet considered Report No 185/03 relating to a consultation which had been
     received from the Electoral Commission in respect of ways in which a revised number
     of seats for Members of the European Parliament (MEP) should be distributed among
     the 12 European Parliamentary regions.

     Members noted that the Commission was an independent body set up by Parliament
     which aimed to encourage people to take part in the democratic process within the
     United Kingdom by modernising the electoral process, promoting public awareness of
     electoral matters and regulating political parties.

     The European Parliament (Representation) Act set out the procedure by which the UK
     would be able to adjust the number of MEP seats it elected, as required under the
     Treaty of Nice. The Act required the Lord Chancellor to ask the Commission to
     recommend ways in which a revised number of MEPs could be distributed among the
     existing 12 European Parliamentary electoral regions. In making its recommendation,
     the Commission had a duty to ensure that each region had at least three MEPs and that
     the ratio of electors to MEP seats in each region was as nearly the same as possible.
     The Commission was therefore consulting with local authorities and other bodies in
     order to obtain their views on the method to be used in making the calculations.

     The Treaty of Nice proposed that the European Union would be expanded to include
     27 member states which, when implemented, would result in the number of UK MEPs
     being reduced from 87 to 72.

     Currently the UK’s MEPs were elected on a regional basis to 12 electoral regions
     namely Scotland, Wales, Northern Ireland and 9 regions in England. The number of
     MEPs returned was roughly in proportion to the size of the electorate in each region
     and a change in the total number of UK MEPs would require a recalculation of the
     number of MEPs which each region returned. Paragraph 8 of the Report set out
Cabinet                                      43                                 9 July 2003


     details of several options which could be used in calculating the reduced number of
     MEPs.

     Members further noted that the Electoral Commission would make its
     recommendations in time for the European elections which would be held in
     June 2004 and that the final decision rested with the Government.

     Resolved:

     60.1        That the Electoral Commission be requested to implement the method of
                 calculating the reduced number of Members of the European Parliament
                 which most accurately reflects the population level of the South East of
                 England when compared to the other regions of the United Kingdom.


     Reason for the Decision:

     To ensure that the Council contributes to the debate on how the distribution between
     electoral regions of UK MEPs is calculated.


61   Annual Treasury Management Report 2002/2003

     The Cabinet received Report No 186/03 relating to the Annual Treasury Management
     Report on the Council’s activities for the year 2002/2003.

     Resolved:

     61.1        That the Annual Treasury Management Report 2002/2003, as detailed in
                 Report No 186/03, be received and noted.

     Reason for the Decision:

     Treasury Management is a key control for the Council and, therefore, the Cabinet
     receives a Report on each year’s activities, in accordance with the Code of Practice on
     Treasury Management in the Public Services.


62   Seaford Head Nature Reserve Management Committee

     Members noted that, at its Annual Meeting held on 17 June 2003, the Seaford Head
     Nature Reserve Management Committee had resolved to increase its membership by
     inviting Seaford Town Council to nominate one further representative, bringing its
     total number of representatives to two.

     Resolved:

     62.1        That it be noted that, at its Annual Meeting held on 17 June 2003, the
                 Seaford Head Nature Reserve Management Committee had resolved to
                 increase its membership by inviting Seaford Town Council to nominate one
                 further representative, bringing its total number of representatives to two.
Cabinet                                     44                                  9 July 2003


     Reason for the Decision:

     To note the decision of the Seaford Head Nature Reserve Management Committee.


63   Complaints Procedure

     The Cabinet received Report No 187/03 relating to progress on complaints which had
     been received for investigation by a Head of Service.

     Resolved:

     63.1        That Report No 187/03 relating to progress on complaints which have been
                 received for investigation by a Head of Service, be received and noted.

     Reason for the Decision:

     To update members on complaints which have been received for investigation by
     a Head of Service.


64   Exclusion of the Public

     Resolved:

     64.1        That, in accordance with Section 100A(4) of the Local Government
                 Act 1972, the public be excluded from the meeting during the discussion of
                 the following items as there is likely to be a disclosure of exempt
                 information as defined in paragraph 9 of Part 1 of Schedule 12A of the Act:

                 (a)   Contract Works Group Trading Statement for the Year 1 April 2002
                       to 31 March 2003;

                 (b)   Lewes Leisure Centre Trading Statement for the Year 1 April 2002 to
                       31 March 2003;

                 (c)   Contract Works Unit Trading Statement for the Year 1 April 2002 to
                       31 March 2003; and

                 (d)   Community Leisure Trading Statement for the Year 1 April 2002 to
                       31 March 2003.

65   Contract Works Group Trading Statement for the Year 1 April 2002 to
     31 March 2003

     The Cabinet considered Report No 188/03 relating to the trading performance of the
     Contract Works Group for the year ended 31 March 2003.

     The Report included details of the appropriation of surpluses and proposals relating to
     the distribution of those surpluses to employees of the Group.
Cabinet                                       45                                   9 July 2003


     Resolved:

     65.1        That Report No 188/03 relating to the trading performance of the Contract
                 Works Group for the financial year 2002/2003 be received and noted; and

     65.2        That the suggested appropriation of surpluses for the financial year
                 2002/2003, as detailed in the Report, be agreed.

     Reason for the Decisions:

     A Report on the trading performance of the Contract Works Group is made annually
     to the Cabinet to enable the monitoring of performance and the appropriation of any
     surpluses.



66   Lewes Leisure Centre Trading Statement for the Year 1 April 2002 to
     31 March 2003

     The Cabinet considered Report No 189/03 relating to the trading performance of the
     Lewes Leisure Centre for the year ended 31 March 2003.

     The Report included details of the appropriation of savings and proposals relating to
     the distribution of surpluses to the staff of Community Leisure.

     Resolved:

     66.1        That Report No 189/03 relating to the trading performance of the Lewes
                 Leisure Centre for the year ended 31 March 2003 be received and noted;
                 and

     66.2        That the distribution of the savings on the estimated deficit for the financial
                 year 2002/2003, as detailed in the Report, be agreed.

     Reason for the Decisions:

     A Report on the trading performance of the Lewes Leisure Centre is made annually to
     the Cabinet to enable the monitoring of performance and the appropriation of any
     savings.



67   Contract Works Unit Trading Statement for the Year 1 April 2002 to
     31 March 2003

     The Cabinet considered Report No 190/03 relating to the trading performance of the
     Contract Works Unit for the year ended 31 March 2003.

     The Report included information relating to the appropriation of surpluses which
     included a sum for proposed distribution to the workforce in the form of an employee
     profit share.
 Cabinet                                      46                                  9 July 2003


      Resolved:

      67.1        That Report No 190/03 relating to the trading performance of the Contract
                  Works Unit for the year ended 31 March 2003 be received and noted; and

      67.2        That the suggested appropriation of surpluses for the 2002/2003 financial
                  year, as detailed in the Report, be agreed.

      Reason for the Decisions:

      A Report on the trading performance of the Contract Works Unit is made annually to
      the Cabinet to enable the monitoring of performance and the appropriation of any
      surplus.



68    Community Leisure Trading Statement for the Year 1 April 2002 to
      31 March 2003

      The Cabinet considered Report No 191/03 relating to the trading performance of
      Community Leisure for the year ended 31 March 2003.

      The Report included details of the appropriation of surpluses and the distribution of
      those surpluses to staff of Community Leisure.

      Resolved:

      68.1        That Report No 191/03 relating to the trading performance of Community
                  Leisure for year ended 31 March 2003 be received and noted; and

      68.2        That the suggested appropriation of surpluses for the financial year
                  2002/2003, as detailed in the Report, be agreed.

      Reason for the Decisions:

      A Report on the trading performance of Community Leisure is made annually to the
      Cabinet to enable the monitoring of performance and the appropriation of any
      surpluses.


The meeting ended at 3.41pm

A De Vecchi
Chairman

				
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