Council and democracy
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Decision Maker: Executive Councillor for Open Spaces and City Services
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: No
Public Speakers:
Lynette Gilbert
on behalf of Riverside Area Residents’ Association
“Riverside
residents welcome the recommendation to register City Council ownership of
Riverside. It follows 5 years of buck-passing between City, County and
Conservators. The introduction of the City’s mooring policy in January 2007 led
to a mass exodus of unlicensed boats to the Riverside wall, directly opposite
houses. We feel there has been a serious failure of the democratic process.
We would like to
make two short observations and ask one question:
Para 3.8 indicates
that the City Council owns this problem now, irrespective of whether it
registers formal ownership. The archive
documents show that the city authority claimed the freehold in 1904.
The south side of
Riverside is a wall, not a river-bank like the commons moorings. It has barrier
railings along its full length to prevent cars and pedestrians falling into the
river. These can never be safely removed. There is a sheer drop on the other side
to boats below. It breaks every British Waterways safety guideline for
residential mooring.
Para 4(e)(ii)
states that consultation will “be limited to those options which the Council
would be willing to consider”. What is the process for determining these
consultation options, given the significant safety (hence legal liability) and
financial issues here?
Para 3.12 refers
only to a report on the future outcomes of consultation, not the options to be
consulted on.”
Councillor Margaret Wright
Councillor Wright expressed her satisfaction
that this matter was nearing a solution. She suggested this would be a historic
decision. She asked that the amenity value of the area be given due
consideration. The area was a unique feature of Cambridge that deserved further
investment. The practical, aesthetic and access issues of the informal mooring
policy needed due consideration. The costs also needed to be taken into
account, including the existing cost of dealing with problems such as boats
that sink.
Matter for Decision:
The County Council until recently was believed to be the
owner of land at Riverside as detailed in Appendix A of the Officer’s report.
However, there is now evidence to support a claim, that the City Council is in
fact the riparian owner.
A successful claim to register an interest in/ or ownership
of the land at Riverside with the Land Registry by the City Council would allow
the Council to consider how it wished to manage this land and regulate any
moorings or any other activities.
Decision of Executive Councillor for Arts,
Sport and Public Places:
The Executive Councillor resolved to:
i.
Instructed
officers to make a land registry application to register the land at Riverside
as belonging to the City Council;
ii.
Consult
stakeholders on options relating to the management of this land at Riverside,
and the possible regulation of moorings as set out at paragraph 3.11 of the
report;
iii. Prepare a subsequent options appraisal with
recommendations for the Community Services Scrutiny Committee.
Reason for the Decision:
Cambridge City Council manages residential moorings on the
River Cam, and over a number of years had developed a moorings policy that
governs the way this service works.
The existing City Council Moorings Policy was approved by
the Executive Councillor for Community Development and Leisure on the 24th
March 2005, and it does not cover land at Riverside.
Any alternative options considered and
rejected:
Any decision on the future management of the
land at Riverside should be informed by the views of different groups of
people, who have a reasonable interest in what happens to this area as detailed
in the Officer’s report.
Scrutiny Considerations:
The committee
received a report from the Green Space Manager regarding Riparian Ownership of
Mooring and a map of the area under discussion was tabled. The Green Space
Manager suggested that the area was an ‘orphan’ of previous changes to local
authority responsibilities. He
confirmed that the consultation would be limited to options that were
financially feasible. The initial stage would be to gather knowledge and to
work up options.
The Executive
Councillor confirmed that the benefits of any changes needed to be measured
against the costs. He understood resident’s frustrations over the time this
matter had taken to resolve and thanked them and Councillor Wright for their
work on the ownership issues.
The Scrutiny Committee considered and
endorsed the recommendations in the report by 6
votes to 0.
The
Executive Councillor for Arts, Sport
and Public Places approved the recommendations.
Conflicts of interest declared by the
Executive Councillor (and any dispensations granted)
N/A
Publication date: 09/02/2012
Date of decision: 12/01/2012