Issue - decisions

Matter for Decision

The Officer’s report contained recommendations for amendments to, and the management of, the Council’s visitor moorings.

 

The report summarised responses and also detailed issues and options that have been raised by respondents to a recent consultation on the introduction of a management regime for the regulation and enforcement of the City Council moorings based on civil contract law.

 

Feedback received through responses to the consultation supported the need for an effective enforcement policy for the efficient management of the City Council’s River Moorings.  As a consequence of receiving and considering feedback through the consultation process, officers’ propose changes and new recommendations.

 

Community Services Scrutiny Committee previously considered a report on 8th October 2015 that set out two options to regulate moorings to overcome the current management issues; the civil possession claims for trespass to move on unauthorised boaters, and a contractual approach based on the Oxford Model, which sets out ‘licence’ terms that are a contract for the non-exclusive use of a space for a period of time.

 

The Officer’s report made recommendations on continued formulation of a regulation policy using contract law principles in addition to the current civil possession claim for trespass.

 

Decision of Executive Councillor for City Centre and Public Places

Instructed officers to:

 

       i.          Retain the existing provision of a free 48 hour visitor mooring period, with no return for 7 days on designated moorings owned by Cambridge City Council;

     ii.          Establish and implement a management regime based on civil ‘contract law’ as soon as practicably possible, that allows visitor boats to be regulated and enforced within the existing resources of the Council;

   iii.          Work with Cam Boaters and the Cam Conservators on the process and procedures required to support a Contract Law Model; and

   iv.          Review the existing River Moorings Policy and report back to Scrutiny Committee in October 2016.

 

Reason for the Decision

As set out in the Officer’s report.

 

Any Alternative Options Considered and Rejected

Not applicable.

 

Scrutiny Considerations

The Committee received a report from the Streets and Open Spaces Development Manager. This was supplemented with an addendum.

 

The addendum included an additional recommendation (shown in bold):

       i.          To retain the existing provision of a free 48 hour visitor mooring period, with no return for 7 days on designated moorings owned by Cambridge City Council;

     ii.          To establish and implement a management regime based on civil ‘contract law’ as soon as practicable possible, that allows visitor boats to be regulated and enforced within the existing resources of the Council;

 iii.          To work with Cam Boaters and the Cam Conservators on the process and procedures required to support a Contract Law Model; and

   iv.          To review the existing River Moorings Policy and report back to Scrutiny Committee in October 2016 further recommendations.

 

The Chair ruled that under 100B(4)(b) of the Local Government Act 1972 the addendum from the Streets and Open Spaces Development Manager be considered despite not being made publicly available five clear days prior to the meeting.

 

The reason that this document could not be deferred was that it was impracticable to defer the decision until the next committee.  

 

Liberal Democrat Councillors made the following comments in response to the report and addendum:

       i.          Expressed concern at rule-in of the addendum and revised recommendations. Both documents were published late. There was insufficient time for councillors and the public to read and scrutinise the documents.

     ii.          Expressed concerns about the moorings policy process. It felt rushed. The Council should take more time to find a solution with the boating community to tackle problems caused by a minority.

   iii.          Requested the decision be deferred.

 

The Executive Councillor responded:

       i.          The option to defer the report had been considered.

     ii.          The contract law principle had come to committee before.

   iii.          There were no material changes to the report in the addendum, so there were no material reasons to defer it.

   iv.          There was a need to implement a sufficient deterrent (ability to take enforcement action) as soon as possible. Delaying the report would delay implementation of enforcement action for months until the next committee.

    v.          The Executive Councillor had committed to the boating community 12-18 months ago that she would implement enforcement action, hence it coming to committee now.

   vi.          Undertook to work with Cam Boaters to review any issues.

 vii.          Approving the Officer recommendations today would put signs/processes in place to protect those who were licensed to use moorings. The intention was to tackle issues pre-summer when demand for moorings increased.

 

Labour Councillors made the following comments in response to the report and addendum:

       i.          There had been sufficient time to read the Officer’s report and addendum.

     ii.          A decision should be taken today so that an enforcement action policy could be implemented as soon as possible. This would deter visitors from parking in residential moorings. People who did this were unaware of the impact they had on others when illegally parking in someone’s permanent mooring.

 

In response to Members’ questions the Executive Councillor said the following:

       i.          Visitors would be allowed to stay for forty eight hours instead of six. Six hours was a provisional figure that had been discounted.

     ii.          People in long term liveables had been encouraged to sign up to the moorings list, but not all had. The Council would work with Cam Boaters to ensure they did not ‘slip through the net’ in policy terms, but some engagement was required from the boating community so that a name appeared on the list at some point.

 

In response to a Member’s question the Streets and Open Spaces Development Manager said the issue of moorings for holiday hire boats would be addressed in future.

 

The Committee resolved by 4 votes to 2 to endorse the recommendations.

 

The Executive Councillor approved the recommendations.

 

Conflicts of Interest Declared by the Executive Councillor (and any Dispensations Granted)

No conflicts of interest were declared by the Executive Councillor.