Agenda Item Report to Cabinet

Date 26 July 2011

Report By Director of Economy, Transport and Environment

Title of Report Future Management of Rye Harbour Local Nature Reserve

Purpose of Report To seek Cabinet approval for the transfer of the management function for Rye Harbour Local Nature Reserve (RHLNR) from County Council to the (SWT)

RECOMMENDATION: The Cabinet is recommended to: 1. approve (subject to 2 below) the transfer of the management function for RHLNR from ESCC to the SWT and;

2. delegate authority to the Director of Economy Transport and Environment, in consultation with the Assistant Director of Legal and Democratic Services, to agree the terms of the transfer of the management function, staff, assets, any other matters and also the terms of the new management agreement.

1. Financial Appraisal 1.1 The 2010/11 annual revenue budget for RHLNR was £157,257. £111,913 was spent on staffing for the reserve and £45,344 was spent on reserve management activities. The four RHLNR team members are ESCC employees and currently form part of the Environmental Operations Service within the Economy, Transport and Environment Department.

1.2 Ongoing revenue funding for the reserve is provided from a variety of sources, including a number organisations the majority of which are represented on the RHLNR Management Committee. Up until this financial year, ESCC provided the largest financial contribution, which in 2010/11 was £44,000. The two other primary funders being the Environment Agency and the Friends of Rye Harbour.

1.3 Due to financial challenges facing ESCC and the need to focus reduced available resources on core statutory functions, it has been necessary to reduce ESCC’s financial contribution towards the Nature Reserve. Following engagement with our partners on the Management Committee, ESCC has reduced its financial contribution for 2011/12 to £22,000 and then for subsequent years to £5,000.

1.4 The funding shortfall created by ESCC reducing its contribution will be met through an increased contribution from the SWT and from a new income stream. This income stream will be secured through the Environment Agency leasing the land it owns within the Local Nature Reserve (LNR) to the SWT, which will then enable the SWT to secure Higher Level Stewardship funding.

1.5 Subject to the transfer of the management function being approved by the SWT Trustees and ESCC Cabinet, the four existing RHLNR team members will also be transferred and become SWT employees. Employees’ current pay and conditions (except pension) would be protected and transferred and they would be offered the opportunity to join the SWT pension scheme 2. Background/Supporting Information 2.1 RHLNR was established in 1970 by ESCC under the National Parks and Access to the Countryside Act of 1949. RHLNR is within the boundaries of the Rye Harbour Site of Special Scientific Interest (SSSI). The reserve is 325.7 hectares, has more than 150 nationally rare or endangered species recorded, and has more than 200,000 visitors per year.

2.2 RHLNR is currently subject to a management agreement (appendix 2) with the four current landowners – the Environment Agency, the SWT, and two private landowners. The signatories to the agreement are the above landowners, ESCC and Council. The agreement sets out the purposes for which the County Council shall manage the reserve.

2.3 As part of the agreement the County Council is required to maintain a Management Committee. A variety of bodies are represented, on the Committee including the landowners within the LNR as well as key partners such as the Friends of Rye Harbour Nature Reserve, Rother District Council, Environment Agency, Sussex Ornithological Society, RSPB, Rye Town Council, British Association of Shooting and Conservation and Icklesham Parish Council.

2.4 At the RHLNR Management Committee meeting on 20 July 2010, the Committee agreed to the establishment of a team to coordinate a project which would consult with the landowners, stakeholders and possible interested parties regarding the future management and funding of the reserve. Natural England have also been consulted and have confirmed that they have no objection to the transfer. The project team consisted of Tony Lloyd, Chair of the Management Committee, Councillor John Barnes, Vice-Chair, Barry Yates, RHLNR Manager and Nick Skelton, Head of Environmental Operations.

2.5 At the RHLNR Management Committee meeting on 20 October 2010 a recommendation that ESCC enter into formal discussions with the SWT to explore the feasibility of the Trust taking on the County Council's current responsibilities at RHLNR was unanimously carried. This recommendation was proposed by Ann Moore SWT representative, and seconded by Nicky Frith, Chair of the Friends of Rye Harbour Nature Reserve.

2.6 The SWT has 32,000 members and its gross income in 2010/11 was just over £3,000,000, based largely on membership income of £1,900,000 and legacy income of £640,000. It currently manages 3,500 acres of land in 32 nature reserves. Its most significant nature reserves include a major holding on the , Malling Down and Southerham Farm near , plus Castle Water which forms part of Rye Harbour Nature Reserve.

2.7 Should Cabinet agree to the transfer of the management functions, a new management agreement will be signed by the current signatories. This agreement will allow the establishment of the RHLNR Committee, which will enable the SWT to engage with stakeholders and the landowners regarding the management of the Nature Reserve. Membership of RHLNR Committee will almost replicate the current Management Committee, however in recognition of the transfer of the management function, the number of members nominated by ESCC will reduce from three to two, and for SWT it will increase from two to three.

3. Conclusion and Reason for Recommendation 3.1 One of the strengths of the Nature Reserves has been the commitment and support of the stakeholders and landowners that are represented on the current Management Committee; the establishment of the RHLNR Committee will ensure that this continues in the future.

3.2 As a significant landowner within the Nature Reserve, and the leading conservation organisation covering Sussex, the SWT is the most appropriate organisation to take on the management functions for RHLNR. This transfer, combined with the amended management agreement, and the commitment of ESCC and our partners to RHLNR will ensure a secure and stable long-term future for the Nature Reserve. It is therefore proposed that Cabinet approve the recommendation to enable the County Council to proceed with the transfer and to delegate authority to agree the terms of the transfer and new management agreement. RUPERT CLUBB Director of Economy, Transport and Environment Contact Officer: Nick Skelton Tel. No. 01273 482994 Local Member: All Appendix A – Map of RHLNR

Appendix B – Management Agreement

BACKGROUND DOCUMENTS None

Rye Harbour Nature Reserve Landownership Walland Marsh

Walland Marsh

Rye Go lf Links

Sand

Camber S ands

Rye B ay

Nook Bea ch

Rye Bay

Key to Ryelandowners Bay

Rye Bay Abc Environment Agency

Abc Sussex Wildlife Trust

Abc Langrish Farmers

Abc Mr Davis

Rye B ay

Winchelsea Beach Rye Bay North 0.25 0 0.25 0.50 0.75 1.00 1.25 1.50 1.75 1:19,415 km Rye Harbour Nature Reserve Management Agreement

RYE HARBOUR LOCAL NATURE RESERVE MANAGEMENT AGREEMENT THIS AGREEMENT made the first day of May Two Thousand and One BETWEEN (1) EAST SUSSEX COUNTY COUNCIL of Pelham House St. Andrew's Lane Lewes ("the County Council") (2) ROTHER DISTRICT COUNCIL of the Town Hall Bexhill East Sussex ("the District Council") (3) THE ENVIRONMENT AGENCY of Guildbome House Chatsworth Road, Worthing, West Sussex ("the Agency") (4) JAMES ALFRED DAVIS of Jordans Farm Icklesham Winchelsea ("Mr. Davis") (5) FRANK RICHARD LANGRISH and ROBERT WILLIAM LANGRISH of Ludley Farm Beckley East Sussex ("Messrs. Langrish") (6) THE SUSSEX WILDLIFE TRUST whose registered office is at Henfield West Sussex ("the Trust") WHEREAS

(1) The Agency is the owner of the land in the Parish of Icklesham shown coloured green on plan annexed hereto. (2) Mr Davis is the owner of the land in the Parish of Icklesham shown coloured red on plan annexed hereto. (3) Messrs Langrish are the owners of the land in the Parish of Icklesham shown coloured blue on plan annexed hereto. (4) The Trust is the owner of the land in the Parish of Icklesham shown coloured yellow on plan annexed hereto. (5) The lands referred to above and such other lands as may be added thereto are hereinafter referred to as "the Reserve" (6) The Agency and Mr Davis and Messrs. Langrish and the Trust and any other (' future landowners of land within the Reserve (including their successors in title) are hereinafter referred to as "the Landowners".

NOW THE PARTIES HEREBY AGREE AND DECLARE as follows:-

1. That the Reserve shall be managed as a nature reserve under Section 21 of the National Parks and Access to the Countryside Act 1949 ("the Act") and that the Reserve shall be managed in accordance with this Agreement

2. That this Agreement shall supersede the following agreements the parties hereto being either the original signatories thereto or their successors as a result of statutory changes:-

(a) Agreement dated 2nd March 1970 between The County Council, The Kent River Authority and the Battle Rural District Council.

(b) The Agreement dated 14th November 1973 between The County Council, Mr Davis and Battle Rural District Council. I (c) Agreement dated 22nd March 1978 between The County Council, Southern Water Authority and Rother District Council by way of amendment to the above mentioned Agreement of 2nd March 1970. (d) The Agreement dated 25th June 1979 between The County Council Mr. Langrish and The District Council

(e) The Agreement dated 1st April 1993 between The County Council The Trust and The District Council relating to Castle Water Local Nature Reserve. 3. That additional land shall be added to the Reserve (without the need for the consent of the parties hereto) PROVIDED that the landowner concerned agrees in writing to the terms of this Agreement AND PROVIDED THAT the limits of any such extension shall be within the boundaries of the River Rother, the Sea and the road between Winchelsea Beach and Rye. 4. There shall be excluded from this Agreement the cottage the land leased to British Steel and the land used by the Agency as a Depot which are individually shown on the plan annexed hereto 5. The Reserve shall be managed by The County Council as a Nature Reserve that is to say for the purposes of:- (a) providing under suitable conditions and control special opportunities for the study and research into matters relating to the flora and fauna of Great Britain and the physical conditions in which they live and for the study of geological and physiographical features of special interest in the Reserve and (b) preserving flora, fauna or geological or physiographical features of special interest in the Reserve. 6. For the purpose of managing the Reserve the County Council shall maintain a Management Committee (hereinafter called "the Management Committee") constituted as follows:- (a) 3 members nominated by the County Council 2 members nominated by the Trust 2 members nominated by the District Council 2 members nominated by the Sussex Ornithological Society 2 members nominated by the Friends of Rye Harbour Nature Reserve 2 members nominated by the Agency. 1 member nominated by each Landowner 1 member nominated by Icklesham Parish Council 1 member nominated by Rye Town Council 1 member nominated by the Royal Society for the Protection of Birds 1 member nominated by the British Association for Shooting & Conservation (b) The above mentioned bodies or individuals may nominate a substitute member to attend and vote at meetings at which the nominated member is unable to be present provided that written notice is given to the Secretary of the Management Committee for the time being (c) The Management Committee shall appoint a Secretary and Treasurer (d) The quorum necessary for the transaction of the business of the Management Committee shall be eight (8) (e) The Management Committee shall hold an annual general meeting (at which they shall elect a Chairman and Vice-Chairman) and at least one other meeting each year. (f) The Management Committee may appoint such sub-committees as it sees fit. (g) Voting at meetings of the Management Committee and any of its sub- committees shall be by a show of hands and by a simple majority with the Chairman having a second or casting vote. (h) The Management Committee shall on a regular basis prepare and update a Management Plan for the Reserve. This shall be no later than every five years and the said Management Plan shall be submitted to the County Council and to the Landowners for approval. Any other substantial revisions to the Management Plan that the Management Committee consider to be necessary shall also be submitted to the County Council and the Landowners for approval (i) The Management Committee shall submit to the parties hereto an annual report as to the management of the Reserve as a Local Nature Reserve by 31st July each year. (j) The Management Committee and any of its sub-committees may invite interested individuals or organisations to attend Meetings and to speak on particular matters but not to vote 7. THE expense of management and maintenance of the Reserve as a nature reserve shall be such as may be determined by the Management Committee and an estimate of their income and expenditure for each financial year beginning the First day of April shall be submitted to the County Council for approval not later than the preceding First day of November and the County Council the District Council and the Agency may make such contribution towards the expenses aforesaid as they shall in their absolute discretion determine. 8. THE Trust shall make available to the Management Committee all income derived by virtue of the land in its ownership in the Reserve for the Management Committee to use as it sees fit for any purposes identified in the management plans. 9. THE Management Committee shall seek to raise additional income from any suitable sources. 10. THE Landowners hereby agree with the County Council (which term hereinafter in this Clause shall include the Management Committee and persons authorised by them) that:- (a) The County Council shall manage the Reserve as a nature reserve including the carrying out of works and the erection of hides fences and notices subject to the Landowners prior approval for such works of a permanent or major character provided that the County Council shall at the request of the Landowners remove and restore to the Landowners reasonable satisfaction the sites of any works or erections carried out on their own land without consent (b) The County Council shall have full right and liberty of access to the Reserve for the purpose of management thereof as a nature reserve or to study the fauna flora and other features of interest (c) They will permit the carrying out of work of a scientific nature upon the reserve which is undertaken or sponsored by the County Council (d) Subject to clause 12 below they will not authorise any act which may be prejudicial to the Reserve as a nature reserve and without undertaking any obligation or responsibility in that behalf will use their best endeavours to ensure that the Reserve is respected and its objects as a nature reserve upheld 11. THE County Council may make by-laws under Sections 20 and 21 of the Act after appropriate consultation and with the agreement of the other parties to this Agreement. 12. IF the County Council after consultation with the Management Committee decide that the land has become unsuitable for continued use as a nature reserve the County Council shall be at liberty to determine this Agreement upon giving the other parties hereto not less than twelve months prior notice of termination in writing to expire at any time AND before the expiration of any such notice as aforesaid the County Council shall (if required to do so by the Landowners) remove all hides fences notices and other works constructed erected or placed on the Landowners' land in furtherance of the management of the land as a nature reserve pursuant to this Agreement and forthwith after such removal restore and make good the sites thereof to the reasonable satisfaction of the particular Landowner. 13. With regard to the Management of the Reserve in accordance with all the provisions hereinbefore referred to the following provisions shall apply:- (i) "Nothing contained or implied in this Agreement shall prejudice or affect the rights powers duties and obligations of the Agency in exercise of its statutory functions and the Agency's rights powers duties and obligations under all public and private statutes bylaws and regulations may be as fully and effectually exercised as if the Agency were not a party to this Agreement". (ii) This Agreement is without prejudice to any Licences agreements and rights (including all public and private rights of way) relating to and binding upon the Agency and the Agency's land (iii) The maintenance of the access roads over the Agency's land shall remain at the Agency's sole discretion (iv) This Agreement acknowledges all rights of the Landowners and adjoining Landowners over the land in the Reserve (insofar as such rights are existing and enforceable) 14. The Management Committee shall provide such reasonable nature conservation management advice and assistance as may be requested by any of the Landowners AND this shall include the provision of advice with regard to opportunities for Grant Aid AND also with regard to visitor management.