Cabinet Member for Environment and Economy Ref No. EE07(09/10) The Management of Rights of Way and Countryside Management in the South Downs Key Decision: Yes Part I Report by Director Operations Communities and Electoral Divisions: Director of Operations Infrastructure. All Executive Summary The South Downs Joint Committee (SDJC) currently manages countryside sites and public rights of way (PROW) on a day-to-day basis in the South Downs. However the South Downs National Park Authority (SDNPA) will not automatically take on either of these functions. In considering the best way to ensure that these functions continue to be well managed, the County Council proposes to manage public rights of way and the countryside sites in the South Downs itself. Recommendation That the Cabinet Member for Environment and Economy confirms that the County Council will manage all of the public rights of way and countryside sites in the South Downs that will be covered by the new National Park Authority. 1. Background 1.1 The South Downs Joint Committee (SDJC) currently manages, on a day-to- day basis, public rights of way and the countryside sites in the new South Downs National Park (SDNP) area of West Sussex. The management has been delegated from the County Council since the establishment of the Sussex Downs Conservation Board in 1992. 2010/11 will be the transition year from the SDJC to the South Downs National Park Authority (SDNPA). During this year the SDNPA is not able to undertake any operational work on the ground, so the SDJC will continue to deliver the delegated services during this year allowing a smooth transition to the SDNPA. However in April 2011 the SDNPA will take on its full powers and a decision by the County Council on PROW and countryside management needs to have been taken before then as to how much, if any, of these functions will be delegated from the County Council. 1.2 The SDNPA will be the Planning Authority and Access Authority for the South Downs, the latter relating specifically to access land opened up by the Countryside and Rights of Way Act 2000 and establishing of a Local Access Forum. The SDNPA will not be the local Highway Authority although PROW and land management functions may be delivered by the SDNPA if any or all local authorities choose to enter into agreement with the SDNPA and the SDNPA accept. 1.3 Access to and within the SDNP will be a considerable issue to manage, the South Downs being the nearest National Park to London and close to densely populated areas along the south coast. The South Downs already receives an estimated 39 million visitor days each year, significantly more than the next most popular national park, the Lake District National Park. The SDNP also has its own resident population of 108,000 people. 2. Discussion 2.1 In considering whether to delegate the management of PROW and countryside sites in the South Downs the County Council has looked at whether the SDNPA is likely to take on these services and what is the advantage in the County Council managing them as part of its wider service. The County Council has also considered the likelihood of adjoining local authorities delegating their PROW and land management services. 2.2 Hampshire County Council have not delegated either service to the New Forest National Park Authority and will not delegate to the SDNPA. The other two authorities in the South Downs with responsibility for PROW, East Sussex and Brighton and Hove have not confirmed their decision yet. 2.3 The SDNP will cover over 45% of the PROW network in West Sussex and over 40% of the area of the County including some key downland and heathland sites as listed in Appendix 2. The PROW service is highly visible across the county, and popular particularly for recreation but is also used for convenience and safety in accessing services, such as shops, businesses, education and health, especially by those without access to private vehicles. Presently some users, landowners and others including parish councils are not always aware of the separate management roles of West Sussex County Council and SDJC, which can lead to frustration and misunderstanding, particularly where parishes are divided by the Area of Outstanding Natural Beauty (AONB) and now SDNP boundary. Also variations in the management approaches, particularly around the boundary, create further frustration for the public. 2.4 The creation of the SDNP is an opportunity to define future services in the County Council, improve efficiencies and overcome day-to-day problems currently experienced in both services. Two main options are envisaged: 1. For West Sussex County Council to offer to delegate to the SDNPA specified highway authority (PROW inspection and maintenance) and countryside management functions; or 2. West Sussex County Council to deliver all PROW and countryside site management functions within the South Downs National Park itself. 2.5 Key considerations for future service delivery are therefore: • That the County Council’s approach currently provides a cost effective and consistent solution to the maintenance and inspection of PROW and countryside management sites across West Sussex, evidenced by ongoing operational costs and consistent practices across the county, • That the County Council’s approach is consistent with the stated approach adopted by those other County Authorities affected by the new SDNP. 2.6 By delivering statutory PROW management across the entire county the County Council would improve the consistency of service and create efficiencies of scale and communication. It would also allow the SDNPA to concentrate on providing ‘additionality’ in the form of improved key routes and promotion of access. This option will also enable better delivery on the Rights of Way Improvement Plan objectives, which the Countryside Access Forum for West Sussex, a statutorily constituted independent body of balanced interests from across the county, is very keen to see progressed. 2.7 The management of a range of countryside sites in the South Downs is currently delegated to the SDJC. These sites are listed in Appendix 2. The future options for these sites is still being considered. In the meantime they should be managed by the County Council while these decisions on the most effective way of managing them are made. 3. Conclusions 3.1 In light of the ‘key considerations’ set out in paragraph 2.5 above it is recommended that West Sussex County Council manage the whole PROW network as one entity, working with the SDNPA to improve access to and within the SDNP. There will be no functional delegation from the County Council to the SDNPA in these areas. 3.2 In addition County Council officers will work to rationalise the sites currently held by the County Council and to manage these core areas as part of the County Council’s Countryside Management Service, working with the SDNPA to develop a Ranger Service that manages the visitors in the SDNP, develops an environmental education service and provides advice to landowners and communities on the management of amenity sites for landscape and biodiversity. 4. Consultation 4.1 Officers in Transport, the Cabinet Member for Environment and Economy, the Cabinet member for Strategic Planning and Transport and Advisor to the Cabinet Member for Environment and Economy (Countryside). A briefing has been given to the Cabinet. 4.2 The Countryside Access Forum for West Sussex was asked to comment on the proposals for PROW. Those present voted marginally in favour of the PROW being managed by the SDNPA. The South Downs Society also asked that the status quo should remain on the basis that the PROW are well managed at present and therefore change was not needed. 4.3 Hampshire County Council were consulted on the way they worked with the New Forest National Park Authority. 5. Resources Implications and Value for Money 5.1 The County Council currently contributes £513,600 (2009/2010) to the South Downs Joint Committee, which manages areas of the Sussex Downs and East Hampshire Areas of Outstanding Beauty. The contribution for 2010/2011 is expected to be the same as for this year. 5.2 Half of the annual grant is allocated to deliver PROW services, with the remainder covering site management and running the SDJC. This funding effectively pays for staff costs, operational expenses, materials and contractor costs where necessary. 5.3 Appendix 1 outlines a projected model for the PROW service in West Sussex examining budget, resources and high-level practice. This model makes assumptions as stated. In the event that services are brought back within West Sussex County Council a shortfall of £17,000 is identified for the County Council to deliver to existing service standards, however this would be expected to be absorbed through efficiencies of scale and expansion of volunteer opportunities which makes this option cost neutral. Further the ongoing procurement of the term maintenance services contract across the county can be considered as part of the County Council’s Fundamental Service Review, which should lead to greater efficiency. 5.4 Management of the sites indicated listed in Appendix 2 as part of the Countryside Service would require around 3441 hours per annum of staff time. At 37 hours per week that gives 93 weeks work per annum, which equates to two full-time posts. If it is then assumed that with some re- organisation of the existing countryside staff and with two additional Rangers this could be taken in-house and managed for a budget of £85,000. This would be made up of £55,000 in staff direct costs and an additional cost for IT, uniform, vehicle etc of £10,000 and a minor works budget of £20,000.