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1 Meetings

Mandatory for full Council meetings  *
Mandatory for committee meetings   **
Mandatory for sub-committee meetings   ***

* a Meetings shall not take place in premises, which at the time of the meeting, are used for the supply of alcohol unless no other premises are available free of charge or at a reasonable cost.

*/** b When calculating the 3 clear days for notice of a meeting to councillors and the public, the day on which notice was issued, the day of the meeting, a Sunday, a day of the Christmas break, a day of the Easter break or of a bank holiday or a day appointed for public thanksgiving or mourning shall not count.

*/** c Meetings shall be open to the public unless their presence is prejudicial to the public interest by reason of the confidential nature of the business to be transacted or for other special reasons. The public’s exclusion from part or all of a meeting shall be by a resolution, which shall give reasons for the public’s exclusion.
 d Subject to standing order 1(c) above, members of the public are permitted to make representations, answer questions and give evidence in respect of any item of business included in the agenda at the discretion of the Chairman of the meeting, and with the agreement of the council. Additionally a period of time, which shall not exceed 15 minutes, will be allocated at the start of each meeting to enable members of the public to ask questions, or suggest matters which they believe the council should consider.
 e Subject to standing order 1(d) above, each member of the public is entitled to speak once only in respect of business itemised on the agenda and shall not speak for more than 3 minutes.
 f In accordance with standing order 1(e) above, a question asked by a member of the public during a public participation session at a meeting shall not require a response or debate.
 g In accordance with standing order 1(e) above, the Chairman may direct that a response to a question posed by a member of the public be referred to a Councillor for an oral response or to an employee for a written or oral response.
 h A record of a public participation session at a meeting shall be included in the minutes of that meeting.
 i Any person speaking at a meeting shall address his comments to the Chairman.
 j Only one person is permitted to speak at a time. If more than one person wishes to speak, the Chairman shall direct the order of speaking.

*/** k Photographing, recording, broadcasting or transmitting the proceedings of a meeting by any means is not permitted without the Council’s consent.

*/** l In accordance with standing order 1(c) above, the press shall be provided reasonable facilities for the taking of their report of all or part of a meeting at which they are entitled to be present. 
* m Subject to standing orders, which indicate otherwise, anything authorised or required to be done by, to or before the Chairman may in his absence be done by, to or before the Vice-Chairman (if any).
* n The Chairman, if present, shall preside at a meeting. If the Chairman is absent from a meeting, the Vice-Chairman, if present, shall preside. If both the Chairman and the Vice-Chairman are absent from a meeting, a Councillor as chosen by the Councillors present at the meeting shall preside at the meeting.

*/**/*** o Subject to model standing order 1 (s) below, all questions at a meeting shall be decided by a majority of the Councillors present and voting thereon. 
*/**/*** p The Chairman may give an original vote on any matter put to the vote, and in the case of an equality of votes may exercise his casting vote whether or not he gave an original vote. (See also standing orders 2 (h) and (i) below.)
* q Unless standing orders provide otherwise, voting on any question shall be by a show of hands. At the request of a Councillor, the voting on any question shall be recorded so as to show whether each councillor present and voting gave his vote for or against that question.  Such a request shall be made before moving on to the next item of business on the agenda.
*/**/*** r The minutes of a meeting shall record the names of councillors present and absent.
*/**/*** s The code of conduct adopted by the Council shall apply to councillors in respect of the entire meeting.
*/**/*** t An interest arising from the code of conduct adopted by the Council, the existence and nature of which is required to be disclosed by a Councillor at a meeting shall be recorded in the minutes. (See also standing order 7 below.)
* u No business may be transacted at a meeting unless at least one third of the whole number of members of the Council are present and in no case shall the quorum of a meeting be less than 3.
*/**/*** v If a meeting is or becomes inquorate no business shall be transacted and the meeting shall be adjourned. Any outstanding business of a meeting so adjourned shall be transacted at a following meeting.
 w Meetings shall not exceed a period of 2 hours, without a break.
 

2 Ordinary Council meetings
 See also standing order 1 above

a In an election year, the annual meeting of the Council shall be held on or within 14 days following the day on which the new councillors elected take office.

b In a year which is not an election year, the annual meeting of a Council shall be held on such day in May as the Council may direct.

c If no other time is fixed, the annual meeting of the Council shall take place at 7pm.

d In addition to the annual meeting of the Council, at least three other ordinary meetings shall be held in each year on such dates and times as the Council directs.

e The election of the Chairman and Vice-Chairman (if any) of the Council shall be the first business completed at the annual meeting of the Council.

f The Chairman of the Council, unless he has resigned or becomes disqualified, shall continue in office and preside at the annual meeting until his successor is elected at the next annual meeting of the Council.

g The Vice-Chairman of the Council, if any, unless he resigns or becomes disqualified, shall hold office until immediately after the election of the Chairman of the Council at the next annual meeting of the Council.

h In an election year, if the current Chairman of the Council has not been re-elected as a member of the Council, he shall preside at the meeting until a successor Chairman of the Council has been elected. The current Chairman of the Council shall not have an original vote in respect of the election of the new Chairman of the Council but must give a casting vote in the case of an equality of votes.

i In an election year, if the current Chairman of the Council has been re-elected as a member of the Council, he shall preside at the meeting until a new Chairman of the Council has been elected. He may exercise an original vote in respect of the election of the new Chairman of the Council and must give a casting vote in the case of an equality of votes.

j Following the election of the Chairman of the Council and Vice-Chairman (if any) of the Council at the annual meeting of the Council, the order of business shall be as follows.
i. In an election year, delivery by councillors of their declarations of acceptance of office.
ii. Confirmation of the accuracy of the minutes of the last meeting of the Council and to receive and note minutes of and/or to determine recommendations made by committees.
iii. Review of delegation arrangements to committees, sub-committees, employees and other local authorities.
iv. Review of the terms of references for committees.
v. Receipt of nominations to existing committees.
vi. Appointment of any new committees, confirmation of the terms of reference, the number of members (including, if appropriate, substitute councillors) and receipt of nominations to them.
vii. Review and adoption of appropriate standing orders and financial regulations.
viii. Review of the Council’s memberships of other bodies.
ix. Review and confirmation of arrangements for insurance cover in respect of all insured risks.
x. Establishing or reviewing the Council’s complaints procedure.
xi. Establishing or reviewing the Council’s procedures for handling requests made under the Freedom of Information Act 2000 and the Data Protection Act 1998.
xii. Setting the dates, times and place of ordinary meetings of the full Council for the year ahead.

3 Proper Officer
a The Council’s Proper Officer shall be the clerk or such other councillor as may be nominated by the Council from time to time or such other councillor appointed by the Council to undertake the role of the Proper Officer during the Proper Officer’s absence. The Proper Officer and the councillor appointed to act as such during the Proper Officer’s absence shall fulfil the duties assigned to the Proper Officer in standing orders.
b The Council’s Proper Officer shall do the following.
i. Serve on councillors by delivery or post at their residences, or by email, a summons confirming the time, date, venue and the agenda of a meeting of the Council and a meeting of a committee or sub-committee at least 3 clear days before the meeting.
ii. Give public notice of the time, date, venue and agenda at least 3 clear days before a meeting of the Council or a meeting of a committee or a sub- committee (provided that the public notice with agenda of an extraordinary meeting of the Council convened by councillors is signed by them).
iii. Convene a meeting of full Council for the election of a new Chairman of the Council, occasioned by a casual vacancy in his office, in accordance with standing order 3(b)i above.
iv. Make available for inspection the minutes of meetings.
v. Receive and retain copies of byelaws made by other local authorities.
vi. Receive and retain declarations of acceptance of office from councillors.
vii. Retain a copy of every councillor’s register of interests and any changes to it and keep copies of the same available for inspection.
viii. Keep proper records required before and after meetings;
ix. Process all requests made under the Freedom of Information Act 2000 and Data Protection Act 1998, in accordance with and subject to the Council’s procedures relating to the same.
x. Receive and send general correspondence and notices on behalf of the Council except where there is a resolution to the contrary.
xi. Manage the organisation, storage of and access to information held by the Council in paper and electronic form.
xii. Arrange for legal deeds to be signed by 2 councillors and witnessed (See also model standing orders 14(a) and (b).)
xiii. Arrange for the prompt authorisation, approval, and instruction regarding any payments to be made by the Council in accordance with the Council’s financial regulations.
xiv. Record every planning application notified to the Council and the Council’s response to the local planning authority in a book for such purpose;
xv. Refer a planning application received by the Council to the Vice-Chairman of the Council within 2 working days of receipt to facilitate an extraordinary meeting if the nature of a planning application requires consideration before the next ordinary meeting of the Council.
xvi. Action or undertake activity or responsibilities instructed by resolution or contained in standing orders.

4 Motions requiring written notice

a No motion may be moved at a meeting unless it is included in the agenda and the mover has given written notice of its wording to the Council’s Proper Officer at least 3 clear days before the next meeting.

b The Proper Officer may, before including a motion in the agenda received in accordance with standing order 4(a) above, correct obvious grammatical or typographical errors in the wording of the motion.

c If the wording or nature of a proposed motion is not clear in meaning or is considered unlawful or improper, the Proper Officer shall consult with the Chairman of the forthcoming meeting or, as the case may be, the Councillors who have convened the meeting, to consider whether the motion shall be included  or rejected in the agenda.

d Having consulted the Chairman or councillors pursuant to standing order 4(c) above, the decision of the Proper Officer as to whether or not to include the motion in the agenda shall be final.

e Notice of every motion received in accordance with the Council’s standing orders shall be numbered in the order received and shall be entered in a book, which shall be open to inspection by all councillors.

f Every motion rejected in accordance with the Council’s standing orders shall be duly recorded with a note by the Proper Officer giving reasons for its rejection in a book for that purpose, which shall be open to inspection by all councillors.

g Every motion and resolution shall relate to the Council’s statutory functions, powers and lawful obligations or shall relate to an issue which specifically affects the Council’s area or its residents.

5 Motions not requiring written notice

a Motions in respect of the following matters may be moved without written notice.
i. To appoint a person to preside at a meeting.
ii. To approve the absences of councillors.
iii. To approve the accuracy of the minutes of the previous meeting.
iv. To correct an inaccuracy in the minutes of the previous meeting.
v. To dispose of business, if any, remaining from the last meeting.
vi. To alter the order of business on the agenda for reasons of urgency or expedience.
vii. To proceed to the next business on the agenda.
viii. To close or adjourn debate.
ix. To refer by formal delegation a matter to a committee or to a sub-committee or an employee.
x. To appoint a committee or sub-committee or any councillors (including substitutes) thereto.
xi. To receive nominations to a committee or sub-committee.
xii. To dissolve a committee or sub-committee.
xiii. To note the minutes of a meeting of a committee or sub-committee.
xiv. To consider a report and/or recommendations made by a committee or a sub- committee or an employee.
xv. To consider a report and/or recommendations made by an employee, professional advisor, expert or consultant.
xvi. To authorise legal deeds to be signed by two councillors and witnessed.
(See standing orders 13(a) and (b) below.)
xvii. To authorise the payment of monies up to £1000.
xviii. To exclude the press and public for all or part of a meeting.
xix. To silence or exclude from the meeting a Councillor or a member of the public for disorderly conduct.
xx. To give the consent of the Council if such consent is required by standing orders.
xxi. To suspend any standing order except those which are mandatory by law.
xxii. To adjourn the meeting.
xxiii. To appoint representatives to outside bodies and to make arrangements for those representatives to report back the activities of outside bodies.
xxiv. To answer questions from councillors.

6 Rules of debate
a Motions included in an agenda shall be considered in the order that they appear on the agenda unless the order is changed at the Chairman’s direction for reasons of expedience.
 
b Subject to standing orders 4(a)–(e) above, a motion shall not be considered unless it has been proposed and seconded.

c A motion included in an agenda not moved by the councillor who tabled it, may be treated as withdrawn.

d A Councillor may move amendments to his own motion. If a motion has already been seconded, an amendment to it shall be with the consent of the seconder.

e Any amendment to a motion shall be either:
i. to leave out words;
ii. to add words;
iii. to leave out words and add other words.

f A proposed or carried amendment to a motion shall not have the effect of  rescinding the original or substantive motion under consideration.

g Only one amendment shall be moved and debated at a time, the order of which shall be directed by the Chairman. No further amendment to a motion shall be moved until the previous amendment has been disposed of.

h Subject to Standing Order 6(g) above, one or more amendments may be discussed together if the Chairman considers this expedient but shall be voted upon separately.
i If an amendment is not carried, other amendments shall be moved in the order directed by the Chairman.

j If an amendment is carried, the original motion, as amended, shall take the place of the original motion and shall become the substantive motion upon which any further amendment may be moved.

k Where a series of amendments to an original motion are carried, the mover of the original motion shall have a right of reply in respect of the substantive motion at the very end of debate and immediately before it is put to the vote.

l A point of order shall be decided by the Chairman and his decision shall be final.

t When putting a motion to the vote, the Chairman shall first be satisfied that the motion has been sufficiently debated before it is seconded and put to the vote. The Chairman shall call upon the mover of the motion under debate to exercise or waive his right of reply and shall put the motion to the vote after that right has been exercised or waived. The adjournment of a debate or of the meeting shall not prejudice the mover’s right of reply at the resumption.
7 Code of conduct
 See also model standing orders 1(d)–(e) above
 A revised statutory code of conduct is expected to come into force in 2010
a All councillors shall observe the code of conduct adopted by the Council.

b If paragraph 12(2) of the code of conduct contained in the Local Authorities (Model Code of Conduct) Order 2007 (SI No.1159) has been adopted by the Council or pursuant to relevant provisions in a statutory code of conduct in force at the time, councillors may exercise the rights contained in standing order 7(c) below only if members of the public are permitted to (i) make representations, (ii) answer questions and (iii) give evidence relating to the business being transacted.

c Councillors with a prejudicial interest in relation to any item of business being transacted at a meeting may (i) make representations, (ii) answer questions and (iii) give evidence relating to the business being transacted but must, thereafter, leave the room or chamber.

8 Questions

a A councillor may seek an answer to a question concerning any business of the Council.

b Questions not related to items of business on the agenda for a meeting shall only be asked during the part of the meeting set aside for such questions.

9 Minutes

a No discussion of the draft minutes of a preceding meeting shall take place except in relation to their accuracy. A motion to correct an inaccuracy in the minutes shall be raised in accordance with standing order 5(a)(iv) above.

b Minutes, including any amendment to correct their accuracy, shall be confirmed by resolution and shall be signed by the Chairman of the meeting and stand as an accurate record of the meeting to which the minutes relate.
10 Disorderly conduct

a No person shall obstruct the transaction of business at a meeting or behave offensively or improperly.

b If, in the opinion of the Chairman, there has been a breach of standing order 10(a) above, the Chairman shall express that opinion and thereafter any councillor (including the Chairman) may move that the person be silenced or excluded from the meeting, and the motion, if seconded, shall be put forth with and without discussion.

c If a resolution made in accordance with standing order 10(b) above, is disobeyed, the Chairman may take such further steps as may reasonably be necessary to enforce it and/or he may adjourn the meeting.

11 Voting on appointments

a Where more than 2 persons have been nominated for a position to be filled by the Council and none of those persons has received an absolute majority of votes in their favour, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken. This process shall continue until a majority of votes is given in favour of one person. Any tie may be settled by the Chairman’s casting vote.

12 Expenditure

a Any expenditure incurred by the Council shall be in accordance with the Council’s financial regulations.

b The Council’s financial regulations shall be reviewed once a year.

c The Council’s financial regulations may make provision for the authorisation of the payment of money in exercise of any of the Council’s functions to be delegated to a committee, sub-committee or to the clerk.
13 Execution of legal deeds
 See also standing order 5(a)(xvi) above

a A legal deed shall not be executed on behalf of the Council unless the same has been authorised by a resolution.
b In accordance with a resolution made under standing order 13(a) above, any two members of the Council, may sign, on behalf of the Council, any deed required by law and the Proper Officer shall witness their signatures.

14 Committees
 See also standing order 1 above

a The Council may, at its annual meeting, appoint standing committees and may at any other time appoint such other committees as may be necessary, and:
i. shall determine their terms of reference;
ii. may permit committees to determine the dates of their meetings;
iii. shall appoint and determine the term of office of councillor or non-councillor members of such a committee (unless the appointment of non-councillors is prohibited by law) so as to hold office no later than the next annual meeting;
iv. may appoint substitute councillors to a committee whose role is to replace ordinary councillors at a meeting of a committee if ordinary councillors of the committee have confirmed to the Proper Officer 3 days before the meeting that they are unable to attend;
v. an ordinary member of a committee who has been replaced at a meeting by a substitute member (in accordance with standing order 14(a)(iv) above) shall not be permitted to participate in debate or vote on business at that meeting and may only speak during any public participation session during the meeting;
vi. may, in accordance with standing orders, dissolve a committee at any time.

15 Sub-committees
 See also standing order 1 above
a Unless there is a Council resolution to the contrary, every committee may appoint a sub-committee whose terms of reference and members shall be determined by resolution of the committee.
16 Extraordinary meetings
 See also standing order 1 above
a The Chairman of the Council may convene an extraordinary meeting of the Council at any time.

b If the Chairman of the Council does not or refuses to call an extraordinary meeting of the Council within 7 days of having been requested to do so by two councillors, those two councillors may convene an extraordinary meeting of the Council. The statutory public notice giving the time, venue and agenda for such a meeting must be signed by the two councillors.

c The Chairman of a committee (or a sub-committee) may convene an extraordinary meeting of the committee or sub-committee at any time.

d If the Chairman of a committee (or a sub-committee) does not or refuses to call an extraordinary meeting within 7 days of having been requested by to do so by 2 councillors, those 2 councillors may convene an extraordinary meeting of a committee (or a sub-committee). The statutory public notice giving the time, venue and agenda for such a meeting must be signed by 2 councillors.

17 Advisory committees
 See also standing order 1 above
a The Council may appoint advisory committees comprised of a number of councillors and non-councillors.

b Advisory committees and any sub-committees may consist wholly of persons who are non-councillors.

18 Accounts and Financial Statement

a All payments by the Council shall be authorised, approved and paid in accordance with the Council’s financial regulations, which shall be reviewed at least annually.

b The Responsible Financial Officer shall supply to each councillor as soon as practicable after 31 March, 30 June, 30 September and 31 December in each year a statement summarising the Council’s receipts and payments for the each quarter and the balances held at the end of a quarter. This statement should include a comparison with the budget for the financial year. A Financial Statement prepared on the appropriate accounting basis (receipts and payments, or income and expenditure) for a year to 31 March shall be presented to each councillor before the end of the following month of May. The Statement of Accounts of the Council (which is subject to external audit), including the annual governance statement, shall be presented to Council for formal approval before 30 June.

19 Estimates/precepts

a The Council shall approve written estimates for the coming financial year at its meeting before the end of January.

b Any committee desiring to incur expenditure shall give the Proper Officer a written estimate of the expenditure recommended for the coming year no later than October.

20 Inspection of documents

a Subject to standing orders to the contrary or in respect of matters which are confidential, a councillor may, for the purpose of his official duties (but not otherwise), inspect any document in the possession of the Council or a committee or a sub-committee, and request a copy for the same purpose. The minutes of meetings of the Council, its committees or sub-committees shall be available for inspection by councillors.

21 Unauthorised activities

a Unless authorised by a resolution, no individual councillor shall in the name or on behalf of the Council, a committee or a sub-committee:
i. inspect any land and/or premises which the Council has a right or duty to inspect; or
ii. issue orders, instructions or directions.
iii. give Interviews, press briefings or make public statements (written or oral).

22 Confidential business

a Councillors shall not disclose information given in confidence or which they believe, or ought to be aware, is of a confidential nature. 

b A councillor in breach of the provisions of standing order 22(a) above may be removed from a committee or a sub-committee by a resolution of the Council.

23 Matters affecting council employees

a If a meeting considers any matter personal to a Council employee, it shall not be considered until the Council has decided whether or not the press and public shall be excluded pursuant to standing order 1(c) above.

b The Chairman of the Council, or in his/her absence the Vice-Chairman, shall upon a resolution conduct a review of the performance and/or appraisal of an employee and shall keep a written record of it. The review and/or appraisal shall be reported back and shall be subject to approval by resolution by the Council.

c Subject to the Council’s policy regarding the handling of grievance matters, a Council employee shall contact the Chairman of the Council, or in his/her absence the Vice-Chairman in respect of an informal or formal grievance matter, and this matter shall be reported back and progressed by resolution of the Council.

d Subject to the Council’s policy regarding the handling of grievance and disciplinary matters, if an informal or formal grievance matter raised by an employee relates to the Chairman or Vice-Chairman of the Council, this shall be communicated to another member of Council, which shall be reported back and progressed by resolution of the Council.

e Any persons responsible for all or part of the management of Council employees shall keep written records of all meetings relating to their performance, and capabilities, grievance and disciplinary matters. 

f The Council shall keep written records relating to employees secure. All paper records shall be secured under lock and electronic records shall be password protected.

g Records documenting reasons for an employee’s absence due to ill health or details of a medical condition shall be made available only to those persons with responsibility for the same. 

h Only persons with line management responsibilities shall have access to employee records referred to in standing orders 26(g) and (h) above if so justified.

i Access and means of access by keys and/or computer passwords to records of employment referred to in standing orders 26(g) and (h) above shall be provided only to r the Chairman or Vice-Chairman of the Council.
24 Freedom of Information Act 2000

a All requests for information held by the Council shall be processed in accordance with the Council’s policy in respect of handling requests under the Freedom of Information Act 2000.

b Correspondence from, and notices served by, the Information Commissioner shall be referred by the Proper Officer to the Chairman. The Chairman shall have the power to do anything to facilitate compliance with the Freedom of Information Act 2000 including exercising the powers of the Proper Officer in respect of Freedom of Information requests set out under standing order 3(b)(ix) above.

25 Liaison with District and County Councillors

a An invitation to attend a meeting of the Council shall be sent, together with the agenda, to the councillor of the District and County Council representing its electoral ward.

b Unless the Council otherwise orders, a copy of each letter sent to the District or County Council shall be sent to the District or County Council councillor representing its electoral ward.

26 Financial matters

a The Council shall consider and approve financial regulations drawn up by the Responsible Financial Officer, which shall include detailed arrangements in respect of the following:
i. the accounting records and systems of internal control;
ii. the assessment and management of financial risks faced by the Council;
iii. the work of the Internal Auditor and the receipt of regular reports from the Internal Auditor, which shall be required at least annually;
iv. the inspection and copying by councillors and local electors of the Council’s accounts and/or orders of payments;
v. procurement policies (subject to standing order 25(b) below) including the setting of values for different procedures where the contract has an estimated value of less than £5,000.

b Any proposed contract for the supply of goods, materials, services and the execution of works with an estimated value in excess of £5,000 shall be procured on the basis of a formal tender as summarised in standing order 25(c) below.

c Any formal tender process shall comprise the following steps:
i. a specification of the goods, materials, services and the execution of works shall be drawn up;
ii. tenders are to be sent, in a sealed marked envelope, to the Proper Officer by a stated date and time;
iii. tenders submitted are to be opened, after the stated closing date and time, by the Proper Officer and at least one member of the Council;
iv. tenders are then to be assessed and reported to the appropriate meeting of Council or Committee.

d Neither the Council, nor any committee, is bound to accept the lowest tender, estimate or quote.

e Where the value of a contract is likely to exceed £138,893 (or other threshold specified by the Office of Government Commerce from time to time) the Council must consider whether the Public Contracts Regulations 2006 (SI No.5, as amended) and the Utilities Contracts Regulations 2006 (SI No. 6, as amended) apply to the contract and, if either of those Regulations apply, the Council must comply with EU procurement rules.

27 Allegations of breaches of the code of conduct

a On receipt of a notification that there has been an alleged breach of the code of conduct the Proper Officer shall refer it to the Chairman 

b Where the notification relates to a complaint made by the Proper Officer, the Proper Officer shall notify the Chairman of that fact, who, upon receipt of such notification, shall nominate a person to assume the duties of the Proper Officer set out in the remainder of this standing order, who shall continue to act in respect of that matter as such until the complaint is resolved.

c The subject matter of notifications shall be confidential and, insofar as it is possible to do so by law, the Council (including the Proper Officer and the Chairman) shall take the steps set out below, together with other steps considered necessary, to maintain confidentiality.
i. Draft the summonses and agendas in such a way that the identity and subject matter of the complaint are not disclosed.
ii. Ensure that any background papers containing the information set out in standing order 26(a) above are not made public.
iii. Ensure that the public and press are excluded from meetings as appropriate.
iv. Ensure that the minutes of meetings preserve confidentiality.
v. Consider any liaison that may be required with the person or body with statutory responsibility for the investigation of the matter. 

d Standing order 26(c) above should not be taken to prohibit the Council (whether through the Proper Officer or the Chairman from disclosing information to members and officers of the Council or to other persons where such disclosure is necessary to deal with the complaint or is required by law.

e The Chairman shall have the power to:
i. seek documentary and other evidence from the person or body with statutory responsibility for investigation of the matter;
ii. seek and share information relevant to the complaint;
iii. grant the member involved a financial indemnity in respect of legal costs, which shall be in accordance with the law and subject to approval by a meeting of the full Council.

g References in standing order 26 to a notification shall be taken to refer to a communication of any kind which relates to a breach or an alleged breach of the code of conduct by a councillor. 

28 Variation, revocation and suspension of standing orders

a Any or every part of the standing orders, except those which are mandatory by law, may be suspended by resolution in relation to any specific item of business.

b A motion to permanently add to or to vary or to revoke one or more of the Council’s standing orders not mandatory by law shall not be carried unless two-thirds of the councillors at a meeting of the Council vote in favour of the same.

29 Standing orders to be given to councillors

a The Proper Officer shall provide a copy of the Council’s standing orders to a councillor upon delivery of his declaration of acceptance of office.

b The Chairman’s decision as to the application of standing orders at meetings shall be final.

c A councillor’s failure to observe standing orders more than 3 times in one meeting may result in him being excluded from the meeting in accordance with standing orders.

Sidlesham Parish Council Complaints Procedure

Sidlesham Parish Council’s complaints procedure is based on a model made available to SALC by another council.

 Sidlesham Parish Council believes a complaints procedure demonstrates that the Council:

• wishes to provide a good service;
• is committed to listen to and act upon residents’ views;
• undertakes its business in an open and honest manner;
• wishes to deal with complaints fairly and expeditiously.

The Council believes that complaints and suggestions provide a valuable opportunity for improving its services and performance.

What is a Complaint?

For the purposes of this procedure, a complaint is defined as:

An expression of dissatisfaction about the standard of service, actions or lack of action by the Council, an individual member(s), the parish clerk or its staff affecting an individual, group or organisation.

This definition covers most complaints – such as:

• dissatisfaction with the administration of policy and decisions;
• delays in responding to service requests;
• failure to achieve standards of service;
• failure to fulfil statutory responsibilities;
• the behaviour or attitude of the members of the Council, the parish clerk or an employee.

Complaints against Sidlesham Parish Council

These should be made in writing to the Chairman of the Council, who will appoint a panel of three councillors who may include the Chairman, who will examine the complaint, whether in person and/or writing from the complainant, and will deliver a written response as soon as possible thereafter. If that decision is the subject of an appeal within 21 days, then a further three councillors will be appointed by the Chairman to review the complaint and the first decision, and again deliver a written response. No further appeal will be allowed. At the conclusion of this process the full council will be informed of the complaint and the outcome. Lesser complaints about the Council’s procedures or administration may be delegated by the Chairman to the Parish Clerk.

Complaints about Members of Sidlesham Parish Council

All Councillors have signed an undertaking that they will observe the Council’s Code of Conduct.  The Code – which is the Model Code of Conduct for Members approved by Parliament – specifies a Councillor’s obligations.  Alleged breaches of the Code should be made to Chichester District Council Standards Committee.  Further information is available from the District Council website www.chichester.gov.uk.

Complaints against the Parish Clerk

Complaints against the Clerk should be made to the Chairman of the Council, who will deal with the matter internally, and will take action as appropriate to rectify the grievance. Details of that action will be communicated to the complainant.

Complaints against a Member of Staff

This type of complaint would normally be dealt with as an employment matter and pursued, as necessary, in the light of the Council’s disciplinary procedure.  The complainant should be advised accordingly that the matter is being dealt with internally and that appropriate action will be taken as appropriate.  Details of that action will be communicated to the complainant.

Complaints about Services provided by other Public Organisations

Given that most public services in the parish of Sidlesham are provided by either Chichester District Council or West Sussex County Council – and that the division of responsibilities between public bodies can often be confusing – Sidlesham Parish Council will advise those wishing to pursue complaints against other public organisations providing services in the Parish where and how to make such complaints.

This document has been produced to enable the Parish Council to assess the risks that it faces and satisfy itself that it has taken adequate steps to minimise them. In conducting this exercise, the following plan was followed:

~ Identify the areas to be reviewed. ~ Identify what the risks may be.

~ Evaluate the management and control of the risks and record all findings. ~ Review, assess and revise if required.

PAPER BY SIDLESHAM PARISH COUNCIL
1. Introduction and Summary
This Paper provides a reasoned response to the report entitled “Pagham Harbour LNR – Sailing/Boat Permits” (Agenda Item 7, PHLNR Advisory Board Meeting of 11 November 2008) (“The Report”) and to the ensuing debate at that Board Meeting.

The Report contends that Boat Permits should be phased-out over time, in continuation of an historic policy, which has the support of a number of agencies.  In the ensuing debate, it was asserted that boating causes unacceptable disturbance to birds.

This Paper explores the historic background to the issue of Boat Permits to local residents, and provides evidence that the so-called “historic policy” of phasing-out permits is not as claimed.  Had any such policy been introduced it would have been introduced without consultation with, and would be prejudicial to the rights of, local people and would be irrational, unreasonable and unfair.

The Paper explains the practical implications of boating in the harbour and shows that its continuation at historic levels would have negligible impact on the Reserve, and bird disturbance would be miniscule in comparison with other activities permitted, encouraged and planned.

The consequences of continuing the present policy of phasing-out permits are discussed, as are the advantages of retaining the permit system, which advantages have been ignored in The Report.  Proposals for the administration of an ongoing Boat Permit system are also put forward.

2. Analysis of The Report

2.1 The legal position
The Report confirms the position under the Byelaws (existing and proposed) which is that public rights of navigation within the harbour are not affected, save that the ancillary rights of mooring, launching or leaving any vessel are not permitted except with a licence or permit.   Boat permits accord special permission to permit-holders to launch or land a vessel.

2.2 The asserted historic basis of issue of permits
The Report asserts that boat permits are “historical”, issued to residents of Mill Hamlet and not to (sic) properties and that they are non-transferable.  It is asserted that this was with the intention that the number of permits would reduce over time and on the understanding that no additional permits would be issued.  It is said that recent applications for permits have been turned down “for the above reasons”.
 
2.3 The effect of boating
The report asserts that boating “can” cause disturbance to wildlife affecting visitors who come to view and enjoy the wildlife.  Reference is made to complaints made on the basis either of disturbance or on the assumption that as a wildlife sanctuary boating is not permitted.  Boating is said to be considered to be inappropriate and at odds with conservation objectives.

2.4 The Position of other agencies
It is asserted that:
• Natural England has concerns about boating. A reference is made to a wish that the current status quo is maintained, that is that permits are in existence, which are not transferable and that an increase in boat permits is not wanted and an increase in boating activity is not wanted.
• The Environment Agency supports the phasing out of permits over time and that they would not wish to see further permits issued.
• Royal Yachting Association supports the policy of phasing out boat permits over time.

2.5   The Sidlesham Parish Council position
The Parish Council contends that the Report is defective, among other reasons, because:
• It is misleading, by giving a false impression of the impact on the Reserve that a continuation of the boat permit system would have,
• It ignores the benefits that could arise by its continuation and,
• In at least one significant respect, it presents false information.

3. Sidlesham and PHLNR
From its origins, in the early 1960s, the Nature Reserve has expanded, from initially comprising 95% of Pagham Harbour, to the present day, when it now covers some 25% of Sidlesham Parish. Around 20% of the Parish’s public footpaths are now within the Reserve, and therefore subject to various restrictions under the Byelaws.

From 2001 to 2004, one much-used footpath around the harbour, (FP102), was closed by erosion, which could easily have been prevented or repaired, had the Authorities taken timely action.  Instead, its reopening was much delayed by arguments as to whether it should be diverted inland to avoid carrying out any works and on the basis that there would then be less disruption to birds.  This was at the same time as a short temporary diversion of the same footpath was in place at the Pagham end of Pagham wall, effectively around the works then being carried out in connection with the Chichester Flood Relief scheme.  The notices regarding that diversion referred to the importance placed on FP102.  Apparently such importance was not given to that part of the footpath further round the harbour at Owl point.  This was an unfortunate example of an inconsistent position being taken regarding the management of the harbour as well as unfortunately creating concern and suspicion among local residents, there being no timely communications with the Parish Council, let alone consultation about the proposed inland diversion.  

Prior to the formation of the Reserve, the area surrounding the present Visitor Centre was an open refuse tip, presenting much odour, pollution and nuisance to nearby residents. In return for the discomfort endured by the residents over many years, the County Council assured them it would eventually be landscaped and turned into a village recreational amenity.  Instead, the harbour and tip were turned into a local nature reserve, from which restrictions on access and recreational use emerged, and continue to emerge to this day.  Moreover, much emphasis was placed on the word local; assurances were given that it would remain a “low key” facility, not attracting large numbers of visitors from afar, which the local infrastructure, even then, could not support.

Examination of Sidlesham Parish Council’s records over the intervening years portray a continuing saga of discontent between parishioners and the Authorities who have had responsibilities for aspects of Pagham Harbour, relating either to broken promises, lack of action or lack of consultation.  Issues, which have recurred repeatedly, include:
• Access and footpaths
• Drainage and flooding
• Boating and fishing
• Shooting and conservation
• Local amenities and rights vs. popularisation/visitor attraction
• Infrastructure suitability (e.g. B2145)
• Authorities reneging/not fulfilling promises/commitments

The present situation over boat permits is perceived by many residents as a perverse and untimely continuation of a high-handed approach which could, so easily, have been avoided by sensitivity and wise counsel; untimely, because it arises from the sad death last year of Hannah Wright, aged 99 – a much loved and respected Sidlesham resident, who had given much support to the creation and maintenance of the Reserve over its life.  A number of applications by local residents for the issue of a permit held by her son (who has now moved away) have been turned down.
4. History of Boating Permits
The Report, referred to in Section 2, maintains that it has always been WSCC policy to phase out the issue of permits and boating on Pagham Harbour.  It further asserts that the permit system was initiated “in the understanding” that no additional permits would be issued.  This is incorrect, both as regards the position at inception of the permit scheme and as regards events since then (see further below).
 
The Report appears to rely on comparatively recently written documents stating that boat permits are “historical” and drawing from that a policy that they, and boating, will lapse with time.  There is no actual explanation of how and when this alleged policy was initiated and promulgated.  Indeed, PHLNR Management Plans (eg that for 1999 to 2004) talk about sailing “not being generally encouraged in the harbour”.  More recently, the 2006-2011 Management Plan asserts that “sailing is not generally permitted”.  Of course it is not.  It is in practice to a large extent subject to permit, though of course rights to navigate (but not land, launch or moor without permit) remain. Neither Management Plan makes any mention of the so-called policy to phase-out boat permits. 

In fact, from inception, the basis of the boat permit system was a recognition of the historic rights of local residents and was devised to protect not to terminate or phase out such rights.  Thus, the Sussex Naturalists’ Trust presented WSCC with “A report on the Scientific Interest of Pagham Harbour, Sussex with proposals for the establishment of a Nature Reserve in the harbour”.  That report identified and described the increasing use made of the harbour, including Pagham Lagoon, for boating, including increased moorings, water skiing, pedalos and the like.  Having generally referred to the need to control such activities the report concludes on this aspect: “It is also suggested that boats of residents at Sidlesham living on the edge of the harbour should be licensed to ensure that their privilege of using the Harbour waters is not abused by others”. Far from a system directed at phasing out local residents’ boating rights, the paper thus saw permits as a way of protecting such rights.  The conclusions of the report suggested byelaws might be made which could restrict the launching of boats into the harbour “subject to exceptions in favour of local residents”. 

The issue of boating permits was also addressed following an informal meeting, in the early 1960s, between a WSCC councillor (Mrs Elizabeth Clarke) and angry local residents, who had learned that the management of the newly-formed Reserve intended to prohibit boating and fishing in the harbour.  Out of this meeting the issue of permits to local residents to enable them to continue to use their long-standing rights to row, sail and fish followed.   The Byelaws themselves of course expressly envisage the issue of boat permits. 

The initial number of permits issued has been difficult to ascertain, but is thought to have been around 20.  Mitigation for the discomforts suffered from the rubbish tip, and non-delivery of the promised local amenity (referred to above) were contributing factors in the obtaining of this concession.

The population of Sidlesham has remained roughly constant over the intervening years, but most of the original permit holders have either died or moved away.  Yet, the number of permits in issue today (5, excluding the Wildfowlers rescue craft) include only 2 of the original holders.  This indicates that permits have been acquired or passed-on, contrary to what is now stated to have been WSCC policy from inception (and to remain its policy).

In 1978/9, block boating and fishing permits were issued to around 20 Sidlesham youngsters for an experimental period in the summer, restricted to the waters adjacent to Sidlesham Quay.  Additionally, a block permit was issued to Sidlesham Sea Scouts (now defunct), who later inherited a boat, moored near Sidlesham Quay, from a deceased permit-holder.  The warden’s report for 1978 stated that “the block sailing permit allowed 20 of the children from Sidlesham to row or canoe in a restricted part of the north-western end of the harbour from 1 August to 15 September and caused no problems.  No more than 4 canoes were on the water at any one time and behaviour was always good.  No complaints were received from voluntary wardens or residents.  The exercise will continue this year with an extended period allowing boating for the whole of August and September”.
 
In the Reserve Warden’s report to the Friends of Pagham Harbour in 1982/3, the stated number of permits in issue was 10, of which 3 were associated with Pagham wildfowlers, 7 being held by Sidlesham residents.  Of these, only 2 remain today.

The foregoing provides evidence that the so-called “historic policy” to phase out permit-holders was not in existence from their first issue and that the issue of new permits has occurred in the past and that such issue apparently had no adverse effects.

Historic rights should not be swept away by an inconsistent and, probably unfair, policy.  It should also be noted that permission continues (despite being threatened) for Pagham SC’s annual Harbour Sail.  Indeed, permission for the annual sail day demonstrates the importance accorded both to local residents’ interests and the historic position.  As stated by the Chairman of the Advisory Board, the sail day was continued not just for its educational benefit but because it had become “a popular custom”.
5. Practicalities of Boating in Pagham Harbour
Pagham Harbour has become very silted; the realistic opportunities for canoeing, rowing or sailing a boat, or launching one, only occur occasionally, that is around the periods of the Spring Tides, of which there are, on average, 25 such periods in any year.  In reality, the tide height needs to be in excess of 4.5m., which is often not reached with low Springs.
Furthermore, even on a day when boating is feasible, the practical total boat-trip time is limited to 1-2 hours around high tide.

The number of days in 2009 when these tidal conditions occur in daylight (boating at night time being considered dangerous) is given in the Table below.  People in work, or otherwise occupied in weekdays, would normally only be able to boat at weekends; the split between weekend/weekday occasions is also given.  As navigation in the harbour is difficult, careful consideration has to be given to weather conditions, particularly sea state and wind direction/strength.  Suitable conditions are more likely to occur in summer months (April to September).  This breakdown is also shown.  Further, a potential boater has to eschew, or permit time for, other competing leisure activities and family priorities.
 

Number of days (2009) in which tide ht. > 4.5m in daylight & number of Available boating days
Month      Total     Weekday    Weekend
Jan                7               4               3 
Feb               5               5               0  
Mar              8               5               3  
Apr               9               5               4
May              6               5               1             
Jun                7               5               2
Jul                 7               5               2
Aug               7               5               2
Sep             11               7                4
Oct             14             10                4  
Nov            13             10                3  
Dec               8               6                2  
      
Total        102             72              30
less bird     
count days -11                             -11
Available     
boat days   91             72               19 

 ——————————–      
(Summer Apr-Sep) Weekday Weekend
Apr                                    5               4
May                                   5               1
Jun                                    5               2
Jul                                     5               2
Aug                                   5               2
Sep                                   7               4
Total                                32             15
less bird     
count days                                        -6
Available     
boat days                         32              9

From this, it can be confidently predicted that actual opportunities for boating (sailing, rowing or canoeing) are extremely rare.  In practice, of the 6 permit-holders existing in recent years, only 1 makes several excursions in the harbour each year, the others no more than 1 or 2, some none.

As mentioned above, the realistic boating time is at most 2 hours around high tide.  On this basis the proportion of possible boating hours to total hours in the relevant period can be calculated as below:

Available boating hours 2009 in which tide ht. > 4.5m in daylight
A=Days boating possible
B=Total  Hours boating possible
C=Total Hours within days in A
%= B of C
      
Total weekdays             72(A)  144(B)  1,728(C)      8%
Total Weekend days       19(A)    38(B)     456(C)     8%
Total                          91(A)  182(B)  2,184(C)      8%

Furthermore, looked at annually, there is a maximum of 182 hours available boating time, approximately 2% of the total number of hours in the year.  As said, this is the maximum.  In practice, were permits to be issued to the sort of numbers suggested below, it is difficult to see how actual boating hours would reach anywhere near these figures.

Looking at the Summer period, figures can be given as below:

Available boating hours 2009 (Apr-Sept) in which tide ht. > 4.5m in daylight
A=Days boating possible
B=Total  Hours boating possible
C=Total Hours within days in A
%=B of C
  
Summer (Apr-Sep) weekdays          32(A)   64(B)   768(C)    8%
Summer (Apr-Sep) weekend days      9(A)   18(B)   216(C)    8%
Total                                           41(A)   82(B)   984(C)   8%

Again, looking at the total number of hours in April to September, maximum available  boating hours would constitute less than 2% of the overall hours.
 
Boating, indeed any activity, can cause disturbance to birds.  Angling and bait digging activities also can cause disturbance.  One estimate puts the total number of bait digging and fishing hours combined to be around 200 hours per year.  Compared with the reported 100,000 visitors per year for an average of 1 hour (say), the effect on disturbance of the activities carried out through the permit system, boating in particular, is a miniscule proportion of the whole.

6. Bird Disturbance
No proper scientific evidence has been produced to support a case that any damage, or any meaningful damage, would be caused to bird populations as a result of boating pursuant to boating permits.  The position of the agencies is dealt with separately below.

The only basis that has currently been identified as a basis for refusing permits is “bird disturbance”.  According to the minutes of the meeting of the Advisory Board on 11th November 2008 a Board member explained that “birds need to be free from disturbance at all times” and that disturbance at high tide during the autumn or winter “could result in the death of the birds as it would scare them away” and they might go to “Hilsea Island, which was likely to be too far away for them without sufficient food”. ( It may be that the Minutes are inaccurate and that the reference should be to “Pilsey  Island”). With great respect, this is bare assertion/speculation and nothing more.  A number of points can be made:
 
• First of all, if birds need to be free from disturbance at all times then the logic is that the whole reserve should be shut to humans all year round.  This is clearly not appropriate nor policy. It is hard to see why disturbance from the myriad of other recreational activities that are permitted is considered to be appropriate but only that from boats is considered to be unacceptable.
• Secondly, although boating may give rise to disturbance, it is far from clear that the disturbance from boating is (a) in fact, deleterious on bird populations (b) anywhere near as great, in terms of disturbance or, if such is the case, in terms of deleterious effect on bird population, as the other recreational activities permitted and encouraged within the harbour.
• Thirdly, in this respect it has not been suggested that any surveys akin to those carried out for the Stour-Orwell estuaries, the Exe estuary or any individual-based models have been carried out in relation to PHLNR.
 
Developing the second and third points above:
• As regards disturbance, even in terms of behavioural response to disturbance, such as identification of the closest distance to which a disturbance source is approached or the time for birds to return after disturbance has ceased, no evidence has been produced as to the disturbance effects of the minimal boating that would result from boating in accordance with the boat permits proposed. 
• Furthermore, mere behavioural response to disturbance is not necessarily related to population consequence, measured in terms of decreased reproduction or increased mortality.   Again, no evidence has been produced in this connection as regards PHLNR.  The suggestion that birds “might fly to Hilsea (or Pilsey)  Island” and that they would have inadequate food there is, with respect, of the same sort of level of speculation as “birds might or might not suffer”. 
• So far as feeding is concerned, boats are only able to sail for a short period at high tide; most feeding takes place at low tide, when the disturbance from shore-based activities is greatest.  As regards disturbance at high tide, it is wholly unclear that any disturbance from boating, for a short period, would drive birds either from the water (the harbour is comparatively large and the site of disturbance would be small) or far from the nature reserve itself.
• Even if disturbed, birds may have spare time to compensate for disturbance or may move to another feeding area after being disturbed.  Thus, as regards the Exe estuary, it is understood that an individual model was carried out to study the effects of human disturbance on wintering oystercatchers in 2002, which took account of time and energy costs of disturbance.  However, although disturbance can increase mortality, it was not predicted to do so at the levels occurring in the busy Exe estuary.     It is of course accepted that different species react differently and that their reaction may differ by reference to particular locations.

All the above points are capable of being developed further but for present purposes it is sufficient to refer to the surveys/studies above and the papers contained in Ibis (2007) Part 149, and the further papers and studies referred to in those papers.

In short, the simple assertion that boating cannot be permitted because it causes bird disturbance is not one that should carry any weight.

7. The Views of Other Parties
7.1 Objections: general public
A number of general complaints and objections to boating have been raised.  In particular, an Appendix to The Report detailing “Watercraft Incidents and Reports” is, presumably, appended to support the case for phasing out permits.

In this context, the Appendix is irrelevant; in fact, it provides a good case for supporting the retention of a permit system, as many of the incidents recorded conflict with the Reserve’s objectives, which “friends” and permit-holders would abhor and wish to see prevented.  The only incidents relating to a permit-holder (the Catamaran) have all been reported by the public, who are, most likely, ignorant of the permit system, as is obviously the case of the complainant concerning the permitted Annual Sail of Pagham SC.

If the matter were properly canvassed and explained, it is far from clear that objections would outweigh those in favour of limited and managed boating.  Indeed, in the Issues Consultation exercise carried out in 2004, the Survey Results showed that “51% said we should tighten permit conditions but continue to issue a small number of permits, giving preference to local people”. Further, the conclusion to this part of the survey was: “Overall, a balanced opinion has emerged.  Most people see the permit system as a good way to not only permit and regulate activities, but involve the local community in protecting the Reserve. Most also agree that there is a need to tighten the conditions.”

Further, and in any event, the matter should be considered on the basis of scientific evidence and a proper balancing of competing interests and aims, not on the basis of individuals’, or even a majority’s, sensibilities.  Some people would like the reserve closed down to human beings but access cannot be decided on that sort of basis.

It is wholly unclear that some of the complaints were valid: leaving aside any boat sailed under permit, it is unclear that all other boating incidents subject of complaint in fact involved a breach of the Byelaws; at least some of the boats may well have been exercising public rights of navigation.

Some complaints may well have originated from what appears to have been the position promulgated to visitors to the visitor centre in recent years – namely that boating “is not permitted” in the harbour, which is simply not correct.

7.2 Natural England (“NE”)
As noted, NE is said to have “concerns” about boating.  The reference to a wish that the current status quo is maintained, that is that permits are in existence which are not transferable and that an increase in boat permits is not wanted and an increase in boating activity is not wanted, is not the same as a wish that the number of boating permits be reduced to zero.  A wish not to see increased activity, and to preserve the status quo, is not the same thing as a wish to see the activity cease.

7.3 The Environment Agency (the “EA”)
The EA is said to support the phasing out of permits over time and it would not wish to see further permits issued.
 
The mere expression of such a wish, without proper reasons and evidence, should not carry any weight.  Without knowing more, there is nothing further that can be said by way of rebuttal.  It is unreasonable, irrational and unfair to rely upon the expressed wish of the Environment Agency without proper reasons and evidence and without residents being afforded a proper opportunity to consider and, if appropriate, challenge such reasons or evidence or to devise ways in which those reasons may be met, without, in effect, abolishing permits over time. 

7.4 The Royal Yachting Association (the “RYA”)
The RYA is reported as supporting “WSCC’s policy of phasing out boat permits over time”.
This is believed to be untrue.  It is understood that:
• the RYA wrote to the Secretary of State in March 2008, objecting on several grounds to the proposed Byelaws as then drafted, including on the grounds that the then draft Byelaws sought to extinguish public rights of navigation. 
• following such objection changes were made to the draft Byelaws, acknowledging the public rights of navigation within the harbour. 
• The RYA then withdrew its objections.
• The RYA has never expressed support for the discontinuance of the permit system and indeed, as a boating association, it would be strange if it did so.

8. The Legal Position
The legal position has already been touched upon.  The rights of navigation within the harbour remain, save that the rights of launching, landing and mooring are restricted to those with permits.

The rights of landowners – i.e. “owners, lessee or occupier of land in the Reserve” to exercise their private launching rights are preserved by the proposed Byelaws.  There is a number of such landowners; one such has a launching ramp from the property into the harbour.

The Mission Statement of the 2006-2011 Pagham Harbour LNR Management Plan is “to manage Pagham Harbour LNR as a haven for wildlife and people”. Hence, it is clear that the Harbour is not managed solely for the purposes of bird conservation.  The reserve is managed also for recreational purposes, that is, for the purposes of providing opportunities for the enjoyment of the harbour.  As regards the public generally that is confirmed by (for example):
• The recent inception of the coastal cycleway along the footpath edging the harbour;
• The current plans for the redevelopment of the Visitor Centre so as to encourage more visitors to the reserve;
• The importance given to FP 102, as advertised at the time of the temporary diversion to accommodate works associated with the Chichester flood defence scheme as referred to above.
• As regards local residents, that is confirmed by the history referred to above including (by way of example):
• the background to the setting up of the nature reserve and the circumstance in which permits under the Byelaws came to be, and continued to be, issued;
• the issuing of permits regarding Sidlesham children’s activities in the 1970s as referred to above;
• the permission granted for the annual sail day by Pagham Sailing Club;
• the Report of WSCC’s Director for Environment and Development and Head of Environmental and Economic Policy Services to the Regulation Audit and Accounts Committee for the meeting on 18 March 2008, considering the then revised draft Byelaws.  Item 7, under the heading “Human Rights” refers in terms to the policy that the rights of those living close to or visiting the harbour should be taken into account whilst also balancing them against the better protection of the site and its wildfowl.  This policy must apply not just to the terms of the Byelaws but to their application (including consideration of the issue of boating permits under them) and management of the harbour generally.

It is not accepted that the policy from inception was that boat permits would fall away and not be replaced as inhabitants die or move away.  As said, the purpose of permits was to regulate the rights of local inhabitants to limit damage to the reserve, not to abolish them.  Any change in such policy would need to be notified properly to residents so that they had an opportunity to make representations.  No such notification has taken place; accordingly, pursuance of such a policy, without first affording such an opportunity, would be unreasonable and, so it is understood, unlawful.

Whatever the historic position, a policy that is directed at the phasing out of boat permits over time is unfair and irrational and, so it is understood, unlawful.  At present that understanding is based on the following considerations:

• It cannot be the basis of the policy that bird conservation of itself is the sole basis of the management of the harbour (see above).  Therefore the only question can be one of the proper balance to be given to the threat (if any) to bird population against the benefits and historic rights of local residents to sail.
• The level of permits over the years clearly does not present an unacceptable threat to birds: otherwise all of them should and would have been cancelled or not renewed.
• No proper scientific evidence has been produced showing:
o (a) that there is any  level of damage to the bird population that would arise from boating activity at the sort of levels in question
o (b) that, if there is any such damage,  this level of damage has been properly considered and weighed against the benefits to residents of boating;
• Further, no proper scientific evidence has been produced that:
o (a) no damage to the bird population arises from, for example, the proposed massive expansion to the visitor centre and the number of visitors projected or the inception of the Selsey cycle link through the reserve and
o (b) the level of damage (if any) identified in (a), has been or is being properly considered and weighed prior to any decision that the matter should proceed.
 
• If there is no evidence regarding damage to bird populations caused by boating, as referred to above, then there is no adequate evidence on which to conclude that meaningful damage would occur to the bird population from the small amount of boating that would follow from the continuation of the permit system;
• If there is no evidence regarding absence of damage to bird populations flowing from the increase in non-boating activities, as referred to above, then the attempt now to phase out boat permits demonstrates unfair, irrational and unreasonable management of the harbour by discriminating against local residents who are actual or potential boat users compared with the those who would benefit from other recreational uses, for example, users of the proposed visitor centre or cyclists;

9. The Consequences of Phasing out Boat Permits
If the proposed policy of phasing out permits as permit-holders die or move away is pursued, the following consequences (among others) are probable:
• The perceived alienation between the Reserve Management and some local residents will be given added impetus – a regrettable trend for both parties.
• Existing permit-holders will hang-on to their permits for as long as possible – even unto death – in the hope that a future PHLNR management will emerge which will deploy a more resident-friendly attitude and/or better consultative technique, and restore long-held historic rights.
• Aspiring permit-holders may resort to perfectly legal measures to launch and sail boats. 
• Opportunities for utilising the services of local boat owners to assist in emergencies and aiding the wardens will be gradually lost, as local residents will no longer bother to retain boats, nor maintain them in a readily launch-able state.
• The load on wardens will be increased, since it will not be known whether any boat navigating the Public Waterway has been launched legally or not. At present permit holders are required to display red flashes.
• The legal position is likely to have to be considered further by interested parties.

10. The Advantages of Permits
Maintaining the Boat permit system, at present or historic levels, would offer a number of advantages to the Reserve and its management.  Among others, these include:

• The Reserve Management would be perceived as honouring pledges made by its predecessors, thus beginning to reverse the alienation of the local community to the Reserve, to the benefit of both.
• In return for the privileges conferred by a boat permit (or it could become a condition of the permit), it is likely that permit-holders would be willing to become voluntary wardens, as was the case when boat permits originated and as was carried out over many years by members of Pagham and West Sussex Wildfowling and Conservation Association.  Water-borne voluntary wardens could identify and report on prohibited activities not visible from the land, help in the collection and disposal of floating flotsam and jetsam, identify and report on injured or dead wild-life, thus relieving the load on the existing wardens and making them more effective.
• A permit-holder would maintain a boat (again, this could become a condition of the permit) in a readily launch-able state near the water, and therefore be able to act as a quick-response voluntary emergency rescue service in the case of visitors in difficulties, such as being cut-off by a rising tide.

11. Proposals for the Continuation of Boat Permits
We propose that Boat Permits should not be phased out as permit-holders die or move away, but that the Boat Permit system should be continued, with the number of permits in issue restored to 10 – that is half the number originally allocated, but thought to be sufficient to accommodate the number of Sidlesham residents who have expressed a desire for a permit.

We suggest that the criteria for obtaining and retaining a Boat Permit could be along the following lines (the criteria being in order of importance in the case of over-subscription):

• Possession of a suitable craft being:
o Canoe/kayak
o Rowing boat
o Sailing boat
• Inhabitant of a property close to the harbour (in the case of competing applications, preference being given to the most proximate) and able to transport craft to launch site without vehicular assistance
• Full time residents given priority over weekenders
• Length of time on waiting list
• Permit-holders to be able to relinquish their permits temporarily in favour of others at times of, for example, prolonged illness or absence abroad.  On return, permit-holder to be able to restore his permit.
• Permits to be granted to the owner for specified craft(s)
• The craft to be suitably marked to identify it as permitted (as per the red flash in the present permit conditions).
• Display a willingness to act as a voluntary warden and undergo the necessary training.

Sidlesham Parish Council further proposes that the administration of permit allocation and fee collection should be carried out by the Clerk to the Council.  He/she is the person best positioned to establish and confirm that an applicant meets the criteria listed above.  If necessary, the clerk will maintain a waiting list.  To simplify the administration, we propose that permits are renewed annually on a calendar basis (e.g. 1st April), rather than at permit expiry, as at present.  The clerk could also take on the task of collecting returns on boating activity during the year, and submitting these to PHLNR management in bulk.  Of course, the actual approval for the issue of a permit and the power to revoke it would remain with PHLNR management, who would, however be relieved of the time consuming aspects of administration.

12. Conclusion
The purpose of this Paper is to offer a counter-balance to the views of those who find it difficult to reconcile the recreational use of Pagham Harbour with the interests of conservation, yet are committed to the vision that the Harbour should be managed as a haven for wildlife and people.

The Paper has concentrated on the issue of Boat Permits for Sidlesham residents, as these are currently threatened with eventual extinction, for reasons for which no substantive evidence has been put forward, but only the expressed desires of persons and organisations who wield considerable influence in any debates on conservation matters.

We have shown that, in actuality, the opportunities for boating are so limited that even a doubling of the permits currently in issue would have a negligible impact on wildlife, particularly when considered in the context of the published ambitious plans to attract more visitors to the Reserve.

Sidlesham Parish Council hopes that this Paper will enable agreement to be reached whereby a small number of Boat Permits may be retained for the benefit of Sidlesham residents who live nearby and share the same values as all who wish to maintain the sanctity of this beautiful Harbour.

Sidlesham Parish Council
February 2009
 

This document was approved by Chichester District Council Executive Board on 11th July 2006 as a material consideration in the determination of planning applications.

Preface
This Design Statement was initiated at a Sidlesham parish meeting in January 2003 and its history through to completion is recorded at paragraph 7.

Following approval by the Parish Council, it was forwarded to Chichester District Council in very early 2006. Aware of other work being undertaken, the District Council recommended that there be a short delay to allow for public consultation in March 2006 on two important draft documents – ‘Character appraisals and management proposals for the conservation areas of Sidlesham Church and Sidlesham Quay’. This would permit comparisons between the documents thereby ensuring that there would be no major conflict between them.
The Appraisals provide a very thorough and interesting description of these two conservation areas. While they do not contradict in any significant manner with the Specific Design Guidance at paragraph 6 of this Statement – which, of course, relate to the whole parish – it is important that planners are fully conversant with the guidance provided in the Appraisals before decisions are made concerning development within the Conservation Areas. The guidance is also very relevant to other sensitive areas of the parish.

Sidlesham Parish ‘Village Design Statement’

1. Introduction

1.1 Sidlesham is a large parish of some 6.5 square miles lying to the south of Chichester on the eastern side of the Manhood peninsula in West Sussex. With a southern border which touches the coast west of Selsey, it spreads 5 miles to the north to Sidlesham Common and has a breadth of up to three miles, reaching Pagham Harbour in the east.

1.2 The whole parish is notable for the wide, very flat, low-lying land, about half of which is below the 5 metres contour line. The maximum height is 7.5m. It has a significant coastal fringe, with extensive farmland composed of Grades I and II arable land and Grade III grassland. There are some excellent views to Chichester Cathedral and the South Downs to the north, and to the Solent and the Isle of Wight to the southwest. It has a high level of sunshine, and relatively low rainfall.

1.3 Groups of buildings are clustered closely together in hamlets, which in turn are seemingly joined together by buildings widely spaced along roads. Exceptions to this are occasional buildings, often barns and agricultural dwellings, built to serve the agricultural and horticultural industries. In this flat landscape, the buildings occupy the strip immediately above the horizon, sharing it with natural features such as trees and hedgerows.
Buildings are therefore almost always softened visually by containment ‘within the landscape’, but more recently floodlights, mobile telephone masts and new build have appeared which do not settle into this landscape, either because of siting, scale, material or form and are, as a result, discordant.

1.4 The parish includes two Conservation Areas, one in the vicinity of the parish church of St Mary our Lady (known in the Local Plan as Sidlesham Church), the other in Mill Lane (Sidlesham Quay), but it does not have any Settlement Policy Areas (SPAs). One third of Pagham Harbour (originally known as Sidlesham Harbour) is within the parish and is, among a number of designations, a Site of Special Scientific Interest (SSSI), a Special Protection Area (SPA), a Ramsar Site (international designation of importance), and a Local Nature Reserve (LNR). It is of major significance. A small Site of Nature Conservation Importance is established in the woodland at Keynor Copse found to the south of Keynor Lane. Off Jury Lane in the north of the parish, there is a Safeguarded Travelling Showpeople’s Site, one of two such sites within Chichester District.

1.5 The people of Sidlesham view the B2145 Chichester to Selsey main road as a major concern. Of the 470 homes within the parish, 85 (together with some industries) directly front onto the road while the noise and volume of traffic affects an even greater proportion of parishioners due to its heavy volume of daily commuter and business traffic. This traffic can only increase as Selsey develops further. It is one of the busiest B roads in the country, with an average of more than 11,000 daily traffic movements. It is of note that many in Selsey do not appear to see Sidlesham as a village as they drive through. The road is relatively straight with limited groupings of houses along its length.

1.6 Environment Agency publications indicate a risk of flooding within the foreseeable future within the hamlet of Ham, as far north as the southern limit to Highleigh and affecting some of Mill Lane, due to the low-lying land in these parts of the parish.

2. History

2.1 This is well recorded in ‘Sidlesham – a look at the Past’ produced by the Parochial Church Council at the turn of the Millennium. In brief, the Romans are thought to have made a landing in 46/47AD at Pagham Harbour, and the Saxon Aella landed along the Keynor rife near the site of the present village school in 477AD. Street End follows the line of the Roman Road and there are the remains of a Roman villa at Birdpond. Sidlesham is named in the Domesday Book and the Normans built part of the present church in 1200AD, the earliest known building still standing today.

2.2 Sidlesham will have been witness to much over the centuries. Marblebridge Farm, very close to the Roman Road uncovered in the 1990’s, was built in about 1500, while houses around St Mary’s church are known to date from the 1600s.

2.3 Pagham Harbour has always been of significant importance to the area, notwithstanding that it became reclaimed land for agricultural use in the mid 19th century. A succession of mills was built on the harbour’s edge from the Middle Ages, but the last mill ceased operations in 1865, and was dismantled at the end of the First World War to permit the bricks to be used in local construction. A huge storm in 1910 flooded the Harbour once more, and since 1954 its national and international importance has been recognised through an ever increasing number of designations, including SSSI, SPA, Ramsar site, LNR, Natura 2000 Site and European Marine Site.

2.4 Also suffering from the storm of 1910 was the Selsey Tram. Opened in 1897, it provided a questionable rail service from Selsey to Chichester until closing in 1935. Continuing to provide nostalgic thoughts, the route can be followed in places, and indeed the platform at Chalder still exists.

2.5 The motor vehicle has had a fundamental effect upon the parish. At the beginning of the 20th century, the parish was considered self-sustaining with employment on the farms and with shops and facilities within the area sufficient to support the inhabitants. By the beginning of the 21st century, very few are employed ‘on the land’, and there is no genuine shop, no post office nor a doctor’s surgery. The inhabitants rely on Chichester, Selsey and the Witterings for their needs, generally using their cars rather than public transport, cycling or walking to reach their destinations.

2.6 A further significant change to Sidlesham came in 1934 with the establishment of the Land Settlement Association (LSA). Former farms at Keynor, Fletchers and Street End encompassing about 800 acres of the best agricultural land in the south were passed over to several hundred government-sponsored emigrants from the depressed industrial north who, preceded by the men folk on self build projects, were accommodated in the houses with the distinctive deep-mansarded or hipped roofs, still very prominent today.

3. Description of the Parish today

3.1 As would be expected of a largely agricultural and horticultural parish, the population is spread randomly across the area with no clear village centre. However, there are some very distinctive parts to the neighbourhood:

3.2 Conservation areas

3.2.1 Sidlesham Church. The Conservation Area of Sidlesham Church is centred on St Mary’s Church set in a large churchyard that contains the parish war memorial, and is neatly surrounded by housing in Church and Chalder Lane to the north and Church Farm Lane to the south. Church Lane in particular contains many buildings of character and considerable age dating back to the 1660s. These were initially homes for agricultural
workers, but have subsequently been modernised internally. Thatch is prominent within this Lane, as are flint and stone boundary walls that add enormously to the character of the area but ensure the lane remains narrow without the possibility of pavements. Church Farm Lane, also a narrow single track lane, has two buildings of considerable character but is dominated by houses built since the Second World War. Many of these have a traditional Sussex hip roof and, overall, mature gardens now ensure that they fit in well within the area – albeit they are somewhat prominent when viewed from the south. In the centre is a glebe field, leased by a local farmer from the Diocese of Chichester; this is an important feature of the parish and must remain open pasture. The church hall nearby plays a useful role, but its appearance could be enhanced as could that of the adjacent electrical sub station. The five-way junction on the sharp bend outside the Anchor Pub on the B2145 is a considerable traffic hazard; any road works to make this safer must not adversely affect the entrance to this Conservation Area, dominated as it is by Challens Barn and the pub itself.

3.2.2 Sidlesham Quay. Stretching along Mill Lane, past the site of the old mills, and beyond the harbour, this area contains a wonderful selection of buildings, including an old Methodist chapel now converted to housing, that clearly indicate the mix of individuals and trades that were built up when the harbour was the centre of activity. There is no specific or identifiable characteristic within the locality, but it is the relationship of buildings one to another and their enclosures, in the form of many stone and flint boundary walls, that determines the character of this part of the parish. In particular, there are excellent examples of Mixen rock (taken from a reef south of Selsey), flint (cobble and knapped) and galleting with flint shards. The area also contains some less architecturally desirable buildings which, due to the closeness of buildings, cannot be shielded by trees, but some recent re-development in the lane is sympathetic to surrounding properties and sets a good example for future building alterations. Much of Mill Lane lacks space for vehicles but to provide solutions would greatly degrade the neighbourhood. It is essential that any future development is sympathetic to this very historical area. Overall, Sidlesham Quay is well shielded from the north by trees but while providing open views to the south, it has a somewhat prominent appearance when viewed from the B2145.

3.3 Highleigh. Essentially built along one road, it developed through the 18th and 19th centuries, mostly on its eastern side. These houses are sited at a higher level, and generally relate to the street with the frontage delineated by a wall set at the road edge. With one or two exceptions, development on the western side came later, and used Keynor rife as its boundary. Generally, houses are set back from this boundary probably to safeguard against flooding from the rife. Overall, this hamlet contains many buildings of enormous character, yet has a far larger proportion of modern buildings of dubious design. However, much of the older part of Highleigh is enhanced by the rife and the numerous trees running beside the road, such that the whole area is attractive and has a sense of tranquillity, with many buildings partially hidden from full view by mature trees. It is an excellent example of what can be achieved by the planting of trees and hedges, not always replicated in other areas. At its northern end is both Highleigh Pound, a rare example of a parish pound used to confine stray cattle when commoners’ cattle and sheep grazed over unfenced common land (and rumoured to have been restored by French prisoners of the Napoleonic War), and a brick sheepdip believed to be well over 200 years old with rare brickwork and connected to a pond. Highleigh Fields is a new housing estate permitted as an exemption to replace a large turkey farm on a brown field site and is ideally situated well out of view. Traffic uses Highleigh as a ‘rat run’ from the B2145 to the western side of the peninsula.

3.4 LSA properties. Found in Cow and Chalk Lanes (also known as the Loop and classified as an Area of Horticultural Development (HDA)), Fletchers Lane, Street End Lane and on part of the B2145, these are very distinctive buildings which brought about a significant change to the parish when built on four-acre plots in the 1930s. This distinctiveness should not be lost, and every effort made to maintain the rooflines
and the unique design features of the houses themselves. But they and their associated outbuildings can require considerable maintenance and updating. Chalk Lane benefits from the road lined with many mature trees, particularly Black Poplars, and this provides a most attractive avenue which should be replicated wherever possible and practical. Conversely, Cow Lane has a cluster of four very dissimilar modern houses which add little to the general area.

3.5 Ham. Very much an agricultural area, properties are widely spaced and are of considerable character. In most cases, they date back very many years. But the risk of flooding should preclude any major development within the hamlet.

3.6 Remaining areas. Small areas outside those above include Sidlesham Common, the south side of Jury Lane, Rookery, Keynor and Manhood Lanes which have their own distinctive characteristics, albeit they lack the vernacular materials of earlier buildings, and were built at the time when production methods and transport permitted cheaper options. Notable is Manhood Lane, an enclosed area around a central green and with one access to the main road. The mix of houses around the outside of this area relate well together, subtly changing to provide a variety of design. The area would, however, benefit from trees within the central green. Another option would be the provision here of a children’s play area. Other buildings of architectural interest are Shotford Cottages, the properties just south of these on the eastern side of the B2145 (as long as construction material is common to all), Gorse Terrace (on the B2201 at the northern part of the parish known as Sidlesham Common) and the Cymen Ora cottages (next to the school). Notably, all are two storey buildings with high-pitched clay tiled roofs. The school itself in Keynor Lane was founded in 1875 and, as can clearly be seen by differing designs, was enlarged both in 1908 and again in 1936. Also notable but for less complimentary reasons is the new Sports Hall and office block added to the school in 2003. Providing a most valuable asset to the parish, the Sports Hall nevertheless can only be described as out of place architecturally. Decision makers must weigh most carefully cost versus design when considering any future structure of this nature and demand, even if costs are involved, appropriate land-scaping to soften the harsh nature of a building. Also within this area is the Recreation Ground, ideally situated at the population centre of the parish but hidden from general view. It was bought by the Parish Council in 1956 with a covenant that it be used for no purpose other than a sports field or recreation ground. Now the home of Sidlesham Football Club and the Sports and Social club, there is much potential for further sports and recreational facilities, together with a new ‘village hall’ to serve all the parishioners.

4. The Future

4.1 Future development. There are currently no plans for any significant development within the parish. While acknowledging the pressures on local authorities to find land for further housing, the majority of the population strongly supports a ‘no new build policy’ because:

4.1.1 This is a rural location with much of it at risk of flooding. The report ‘Going Dutch on the Manhood Peninsula’ dated 2001 strongly states that no building at less than 5 metres above sea level should be permitted.

4.1.2 There are very limited facilities (no village shop, no doctor’s surgery, etc)

4.2 Buildings of special interest. Nothing must permit the destruction of existing buildings or structures of interest and importance which are attractive in their own right or which contribute to the character and appearance of the parish. Current planning law protects buildings and structures listed as Grade I (St Mary’s Church) and II but there are also other buildings whose destruction or alteration would be detrimental to the area. Notable are some ex LSA houses so far little modified but which have historical value. Other possible examples are the Anchor Pub, the Old Poor House, and the stone bus shelter at the northern end of the parish. It is for consideration that the Parish Council identifies suitable buildings and structures and produces a local list, in co-operation with current owners, which should be forwarded for inclusion as Supplementary Planning Guidance. This would not necessarily affect the permitted development rights of a dwelling but identifies the importance of the building or structure to the area and therefore the need for extra care in any future development. Annex A provides the criteria for inclusion on the List.

4.3 Affordable Housing. There is much support for the provision of a small number of affordable houses within the parish for those people who have a direct connection with the area. By 2005, house prices had reached such a level that it was difficult for first time buyers to purchase. Similarly, essential workers, the elderly who may have lived all their lives in the parish and wish to stay, and children who have been brought up and wish to remain, find buying into the housing market difficult. But the provision of small numbers of affordable houses is unlikely to increase the population sufficiently to make the parish self-sustaining.

5 Design Guidance for the future

“Change is constant. The way we embrace it defines our future”. HM The Queen.

5.1 Sidlesham is a rural parish, even though a large percentage of its inhabitants commute daily to Chichester and beyond. It contains buildings that are hundreds of years old with many fine examples of knapped flint villas through to others of modern construction. Therefore, new buildings and alterations should take account of the location and its local distinctiveness. The parish cannot be described as having any one significant characteristic, but has examples of changing building styles which have produced an eclectic and interesting mix.

5.2 Such development should not necessarily preclude modern ideas or materials, especially where they are environmentally beneficial, but always provided that the end result is in keeping with Sidlesham being a country parish of some historical significance. The mundane, mass-produced or standardised approach often found in suburban locations is not appropriate. Neither is the use of experimental, incongruous and poor quality design or material.

5.3 A positive approach should be made to the use of renewable energy. The parish lies in an area of good sunshine levels and, in particular, the use of solar power, heat pumps and photovoltaic cells is encouraged, though their siting should be sympathetic to neighbouring properties. Large wind-generating equipment is considered to be too obtrusive for this area but small units for individual houses should be considered. The sinking of deep, large tanks for the collection of rain and ‘grey’ water for non-drinking and non-cooking purposes is encouraged to aid the conservation of water.

6. Specific Design Guidance

6.1 The following specific points either enhance, or are in addition to, the policies clearly stated in the Chichester Local Development Document Core Strategy Submission Document dated May 2006. For any development within the two conservation areas, additional important guidance can be found within the ‘Character appraisal and management proposals’ for the conservation areas of Sidlesham Church and Sidlesham Quay also produced in 2006.

6.2 Sidlesham should continue to have no Settlement Policy Areas. Such policy restricts new housing to sites classified Policy Liv3, Meeting Affordable Housing needs in Smaller Settlements. Policy Sus6 is also relevant though the argument to develop any green field site must be very strong indeed.

6.3 Future development is to be of high quality and Policy Tls1 rigorously adhered to. Should any developments of significant size ever be authorised, the 106 agreement (a section of the Town and Country Planning Act 1990 that requires developers to provide benefits to the area) should, after consultation with the parish, be utilised for the benefit of the parish, even if the benefit itself is not within the parish boundary.

6.4 Any development must be sympathetic to its neighbours in design, space and material, and must enhance the area as a whole. Within the historical parts of the parish, it is essential that the nature, characteristics and limitations of the area be understood so that changes are appropriate.

6.5 The density and form of development should be sympathetic to the surrounding area.

6.6 Where development is permitted remote from other property, two storey buildings with pitched roofs of at least 40 degrees with the use of plain clay tiles are encouraged. Sussex Hip is also very strongly encouraged. Traditional extended eaves and verges (tiles over a gable and without boxed eaves and barge boards) are preferred to flush designs and the building should blend into the landscape.

6.7 Bungalows or new buildings with low-pitched roofs are not supported. Such buildings are generally not sympathetic to a rural setting.

6.8 Flint and local stone, ideally topped with thatch, will always be viewed favourably. But, with the availability of such materials now limited, or if costs necessitate otherwise, traditional brick and tile of a soft colour should be used. Bright or painted brickwork, or rendering, fascias and bargeboards, or any other material which highlights the building within the rural setting, would not normally be supported, unless in unobtrusive colours. Soft edging and good use of form is called for rather than harsh juxtaposition of inappropriate materials.

6.9 The layout and grouping of houses requires careful planning. Uniformity, but with subtle changes in design rather than material, is required. Houses at a different angle to their neighbours, forward of the building line or not parallel to the road can appear out of place and affect the symmetry of the whole. The entrance to such groupings should preclude access by vehicles at speed, and should provide a ‘welcome’ to the area through a well defined, but safe, access.

6.10 Important views noted in the ‘Character appraisal and management proposals’ for the two conservation areas must be maintained.

6.11 Dormers should be small in scale, pitched and not flat; the use of low (flush) roof-lights should be considered as an alternative.

6.12 The size, location and design of conservatories are important and must take into consideration the style and materials of construction of the properties they adjoin.

6.13 Extensions to houses must be subservient to the main roof and in keeping in scale, design and material to the original.

6.14 The choice of windows, particularly replacements, should follow traditional patterns, with balanced lights, consistent with sight lines and the use of multiple rather than large single panes.

6.15 Garages must be of a design and material in keeping with the main house. If not attached, they are to be beside or behind the main house as individual units, and not grouped together in the case of a multiple development. Outhouses and sheds are to be of brick/stone and/or timber with a pitched roof. If metal buildings are unavoidable, every effort must be made to reduce the visual impact.

6.16 The removal of mature trees, walls and hedges for the benefit of development should not be permitted. Tree Preservation Orders must be respected.

6.17 Conversely, the provision of boundary walls and hedges (excepting Leylandii) are strongly encouraged as is the planting of traditional British trees such as oak, beech and ash (as opposed to exotic alternatives) which must have the space that allows them to grow to maturity. New development of any size must consider the provision of landscaping to soften the visual appearance of the buildings, especially on roadsides.

6.18 Close-boarded fencing other than as a temporary measure is not encouraged. Hedging is preferred as a permanent feature and should take security and the safety of children and animals into account.
6.19 Storage tanks. Tanks should be screened from view either by hedging or shrubbery.

6.20 Driveways. Gravel or landbased crushed gravel is encouraged rather than brick, concrete or tarmac. Gates should give a rustic appearance and be of timber supported by timber or small brick pillars attached to flint and stonewalls, or abutting hedges. Large brick pillars and brick walls are not encouraged.

6.21 Drainage. As the landscape is very flat, all ditches, culverts and rifes require regular maintenance. It follows that any development must ensure ponds, ditches and rifes in the vicinity remain fully effective.

6.22 External Lighting. Should be simple, attached to buildings and provide a general soft light to the area which respects the privacy of neighbours and minimises light pollution. Mock street and high-powered lighting is not normally necessary.

6.23 Power, telephone lines and other cabling should be placed underground wherever possible.

6.24 Street furniture and traffic signage. These need to be kept to a minimum commensurate with safety. Those that are permitted must be kept clean, functional and clear of hedge growth.

6.25 General signage. The rural setting is not suitable for the modern illuminated and ‘flashy’ sign. Signs advertising a business and house name boards should follow rural lines, be on a single vertical surface, simple in design and not be over-large or illuminated. Signs must be restricted in number, and those of a temporary nature left in position for no more than one week.

6.26 Renewable energy. Every development is most strongly encouraged to include at least one energy or water saving measure beyond those contained within statutory regulations.

6.27 House names. Property owners are strongly encouraged to maintain original house names. With a parish dating back over 800 years, the names of many properties indicate past activity and provide a fascinating and useful link with history. Once changed, that link may disappear for ever.

7. Parish Consultation.

7.1 The Design Statement was initiated at a Parish Meeting held in January 2003 at which 64 parishioners were in attendance. Subsequently, organisations within the parish including primary school and the Women’s Institute were invited to partake. In April 2003, a web site went live at that contained all agendas and minutes of the Steering Group’s meetings, together with the initial draft of the Statement. This was advertised through the Parish Magazine in May 2003 and by the Chichester Observer. Sample questionnaires were distributed within a part of the parish in April and May but the response was disappointing. A trailer was used at the Church Fete to advertise the Statement and elicit suggestions, and this proved successful.

7.2 Circumstances dictated that little action took place from late 2003 until early 2005. Subsequently the draft was rewritten, and the consultation stage commenced in April 2005. Builders, estate agents, architects together with those listed by Chichester District Council received copies (totalling about 30) while the parishioners were invited to comment through the web-site, an article in the Parish Magazine and at the Annual Parish Meeting in May 2005. Responses were received through until early August.

7.3 Following thorough consultation with the Parish Council from September to December, the document was completed in early 2006 and passed to Chichester District Council for adoption. Following a short delay to ensure compatibility with the ‘Character appraisal and management proposals’ for the two conservation areas being produced during the first half of 2006, it was approved by the Executive Board on the 11th July 2006 as a material consideration in the determination of planning applications.

Annex A

Buildings of Special Interest

1. The criteria for the selection of buildings or structures of character not already listed Grade I or II are:

1.1. Buildings of outstanding design, detailing, appearance or special interest because of the use of materials.

1.2. Buildings that are extremely good examples of traditional or established style, or unusual type.

1.3. In special cases, buildings or structures which contribute towards the local villagescape or have important historical associations, or usage which adds to the character of the parish.

1.4. All buildings must be largely intact and not adversely affected by later extensions or alterations.

1.5. Preferably, although not exclusively, they should make a positive contribution to their surroundings or the street scene.

2. The above equate well to the perceived criteria required for “Positive” housing referred to within the ‘Character appraisal and management proposals’ for the two conservation areas of Sidlesham Church and Sidlesham Quay.

The full text is included here:

SIDLESHAM PARISH COUNCIL
CODE OF CONDUCT FOR MEMBERS AND CO-OPTED MEMBERS
WITH EFFECT FROM 16 MAY 2007

Part 1
General Provisions
Introduction and interpretation
1. (1) This Code applies to you as a member of an authority.
(2) You should read this Code together with the general principles prescribed by the Secretary of State. (The general principles are attached to this Code as Annexe 1)
(3) It is your responsibility to comply with the provisions of this Code.
(4) In this Code “meeting” means any meeting of
(a) the authority;
(b) any of the authority’s committees, sub-committees, joint committees, joint sub-committees;
“member” includes a co-opted member and an appointed member.
(5) In relation to a parish council, references to an authority’s monitoring officer and an authority’s standards committee shall be read, respectively, as references to the monitoring officer and the standards committee of the district council or unitary county council which has functions in relation to the parish council for which it is responsible under section 55(12) of the Local Government Act 2000 (i.e. Chichester District Council). Scope
2. (1) Subject to sub-paragraphs (2) to (5), you must comply with this Code whenever you
(a) conduct the business of your authority (which, in this Code, includes the business of the office to which you are elected or appointed); or
(b) act, claim to act or give the impression you are acting as a representative of your authority, and references to your official capacity are construed accordingly.
(2) Subject to sub-paragraphs (3) and (4), this Code does not have effect in relation to your conduct other than where it is in your official capacity.
(3) In addition to having effect in relation to conduct in your official capacity, paragraphs 3(2)(c), 5 and 6(a) also have effect, at any other time, where that conduct constitutes a criminal offence for which you have been convicted.
(4) Conduct to which this Code applies (whether that is conduct in your official capacity or conduct mentioned in sub-paragraph (3)) includes a criminal offence for which you are convicted (including an offence you committed before the date you took office, but for which you are convicted after that date).
(5) Where you act as a representative of your authority
(a) on another relevant authority, you must, when acting for that other authority, comply with that other authority’s code of conduct; or
(b) on any other body, you must, when acting for that other body, comply with your authority’s code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.
General obligations
3. (1) You must treat others with respect.
(2) You must not
(a) do anything which may cause your authority to breach any of the equality enactments (as defined in section 33 of the Equality Act 2006);
(b) bully any person;
(c) intimidate or attempt to intimidate any person who is or is likely to be-
(i) a complainant,
(ii) a witness, or
(iii) involved in the administration of any investigation or proceedings, in relation to an allegation that a member (including yourself) has failed to comply with his or her authority’s code of conduct; or
(d) do anything which compromises or is likely to compromise the impartiality of those who work for, or on behalf of, your authority.
4. You must not
(a) disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature, except where
(i) you have the consent of a person authorised to give it;
(ii) you are required by law to do so;
(iii) the disclosure is made to a third party for the purpose of obtaining professional advice provided that the third party agrees not to disclose the information to any other person; or
(iv) the disclosure is
(aa) reasonable and in the public interest; and
(bb) made in good faith and in compliance with the reasonable requirements of the authority; or
(b) prevent another person from gaining access to information to which that person is entitled by law.
5. You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute.
6. You
(a) must not use or attempt to use your position as a member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage; and
(b) must, when using or authorising the use by others of the resources of your authority
(i) act in accordance with your authority’s reasonable requirements;
(ii) ensure that such resources are not used improperly for political purposes (including party political purposes); and
(c) must have regard to any applicable Local Authority Code of Publicity made under the Local Government Act 1986.
7. (1) When reaching decisions on any matter you must have regard to any relevant advice provided to you by-
(a) your authority’s chief finance officer; or
(b) your authority’s monitoring officer, where that officer is acting pursuant to his or her statutory duties.
(2) You must give reasons for all decisions in accordance with any statutory requirements and any reasonable additional requirements imposed by your authority.

Part 2
Interests
Personal interests
8. (1) You have a personal interest in any business of your authority where either
(a) it relates to or is likely to affect
(i) any body of which you are a member or in a position of general control or management and to which you are appointed or nominated by your authority;
(ii) any body
(aa) exercising functions of a public nature;
(bb) directed to charitable purposes; or
(cc) one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union), of which you are a member or in a position of general control or management;
(iii) any employment or business carried on by you;
(iv) any person or body who employs or has appointed you;
(v) any person or body, other than a relevant authority, who has made a payment to you in respect of your election or any expenses incurred by you in carrying out your duties;
(vi) any person or body who has a place of business or land in your authority’s area, and in whom you have a beneficial interest in a class of securities of that person or body that exceeds the nominal value of £25,000 or one hundredth of the total issued share capital (whichever is the lower);
(vii) any contract for goods, services or works made between your authority and you or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in paragraph (vi);
(viii) the interests of any person from whom you have received a gift or hospitality with an estimated value of at least £25;
(ix) any land in your authority’s area in which you have a beneficial interest;
(x) any land where the landlord is your authority and you are, or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in paragraph (vi) is, the tenant;
(xi) any land in the authority’s area for which you have a licence (alone or jointly with others) to occupy for 28 days or longer; or
(b) a decision in relation to that business might reasonably be regarded as affecting your well-being or financial position or the well-being or financial position of a relevant person to a greater extent than the majority of
(i) (in the case of authorities with electoral divisions or wards)
other council tax payers, ratepayers or inhabitants of the
electoral division or ward, as the case may be, affected
by the decision; or
(ii) (in all other cases) other council tax payers, ratepayers or inhabitants of your authority’s area.
(2) In sub-paragraph (1)(b), a relevant person is
(a) a member of your family or any person with whom you have a close association; or
(b) any person or body who employs or has appointed such persons, any firm in which they are a partner, or any company of which they are directors;
(c) any person or body in whom such persons have a beneficial interest in a class of securities exceeding the nominal value of £25,000; or
(d) any body of a type described in sub-paragraph (1)(a)(i) or (ii).

Disclosure of personal interests
9. (1) Subject to sub-paragraphs (2) to (7), where you have a personal interest in any business of your authority and you attend a meeting of your authority at which the business is considered, you must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.

(2) Where you have a personal interest in any business of your authority which relates to or is likely to affect a person described in paragraph 8(1)(a)(i) or 8(1)(a)(ii)(aa), you need only disclose to the meeting the existence and nature of that interest when you address the meeting on that business.

(3) Where you have a personal interest in any business of the authority of the type mentioned in paragraph 8(1)(a)(viii), you need not disclose the nature or existence of that interest to the meeting if the interest was registered more than three years before the date of the meeting.

(4) Sub-paragraph (1) only applies where you are aware or ought reasonably to be aware of the existence of the personal interest.

(5) Where you have a personal interest but, by virtue of paragraph 14, sensitive information relating to it is not registered in your authority’s register of members’ interests, you must indicate to the meeting that you have a personal interest, but need not disclose the sensitive information to the meeting.

Prejudicial interest generally
10. (1) Subject to sub-paragraph (2), where you have a personal interest in any business of your authority you also have a prejudicial interest in that business where the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice your judgement of the public interest.

(2) You do not have a prejudicial interest in any business of the authority where that business
(a) does not affect your financial position or the financial position of a person or body described in paragraph 8;
(b) does not relate to the determining of any approval, consent, licence, permission or registration in relation to you or any person or body described in paragraph 8; or
(c) relates to the functions of your authority in respect of
(i) statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, where you are in receipt of, or are entitled to the receipt of, such pay;
(ii) an allowance, payment or indemnity given to members;
(iii) any ceremonial honour given to members; and
(iv) setting council tax or a precept under the Local Government Finance Act 1992.

Prejudicial interests arising in relation to overview and scrutiny committees
11. (Not applicable to the parish council)
Effect of prejudicial interests on participation
12. (1) Subject to sub-paragraph (2), where you have a prejudicial interest in any business of your authority
(a) you must withdraw from the room or chamber where a meeting considering the business is being held
(i) in a case where sub-paragraph (2) applies, immediately after making representations, answering questions or giving evidence;
(ii) in any other case, whenever it becomes apparent that the business is being considered at that meeting; unless you have obtained a dispensation from your authority’s standards committee; and
(b) you must not seek improperly to influence a decision about that business.
(2) Where you have a prejudicial interest in any business of your authority, you may attend a meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise.

Part 3
Registration of Members’ Interests
13. (1) Subject to paragraph 14, you must, within 28 days of
(a) this Code being adopted by or applied to your authority; or
(b) your election or appointment to office (where that is later), register in your authority’s register of members’ interests (maintained under section 81(1) of the Local Government Act 2000) details of your personal interests where they fall within a category mentioned in paragraph 8(1)(a), by providing written notification to your authority’s monitoring officer.
(2) Subject to paragraph 14, you must, within 28 days of becoming aware of any new personal interest or change to any personal interest registered under paragraph (1), register details of that new personal interest or change by providing written notification to your authority’s monitoring officer.

Sensitive information
14. (1) Where you consider that the information relating to any of your personal interests is sensitive information, and your authority’s monitoring officer agrees, you need not include that information when registering that interest, or, as the case may be, a change to that interest under paragraph 13.
(2) You must, within 28 days of becoming aware of any change of circumstances which means that information excluded under paragraph (1) is no longer sensitive information, notify your authority’s monitoring officer asking that the information be included in your authority’s register of members’ interests.
(3) In this Code, “sensitive information” means information whose availability for inspection by the public creates, or is likely to create, a serious risk that you or a person who lives with you may be subjected to violence or intimidation.

THE GENERAL PRINCIPLES
Annexe 1
Selflessness
1. Members should serve only the public interest and should never improperly confer an advantage or disadvantage on any person.
Honesty and Integrity
2. Members should not place themselves in situations where their honesty and integrity may be questioned, should not behave improperly and should on all occasions avoid the appearance of such behaviour.
Objectivity
3. Members should make decisions on merit, including when making appointments, awarding contracts, or recommending individuals for rewards or benefits.
Accountability
4. Members should be accountable to the public for their actions and the manner in which they carry out their responsibilities, and should co-operate fully and honestly with any scrutiny appropriate to their particular office.
Openness
5. Members should be as open as possible about their actions and those of their authority, and should be prepared to give reasons for those actions.
Personal Judgement
6. Members may take account of the views of others, including their political groups, but should reach their own conclusions on the issues before them and act in accordance with those conclusions.
Respect for Others
7. Members should promote equality by not discriminating unlawfully against any person, and by treating people with respect, regardless of their race, age, religion, gender, sexual orientation or disability. They should respect the impartiality and integrity of the authority’s statutory officers, and its other employees.
Duty to Uphold the Law
8. Members should uphold the law and, on all occasions, act in accordance with the trust that the public is entitled to place in them.
Stewardship
9. Members should do whatever they are able to do to ensure that their authorities use their resources prudently and in accordance with the law.
Leadership
10. Members should promote and support these principles by leadership, and by example, and should act in a way that secures or preserves public confidence.