Decision No: CAB108 - 01/2008

Forward Plan No: HN02549

This record relates to A06 on the agenda for the Decision-Making

RECORD OF EXECUTIVE DECISION

21/01/2008  

DECISION-MAKER:

THE CABINET  

PORTFOLIO AREA:

Housing and Neighbourhoods  

SUBJECT:

Adoption of discretionary powers to control the grazing of horses on Southampton City Council land  

AUTHOR:

John Horton  

THE DECISION

To approve the proposals / recommendations contained in the report without modification as set out below.
(i) To delegate powers to the Executive Director of Neighbourhoods to commence impoundment procedures at his / her discretion when a horse is deemed to pose an unacceptable risk to public safety, to private property, is adversely affecting public rights to recreation, or is significantly damaging the environment. This procedure would be enacted following due notice, and as a final resort when all other means to secure the removal of the animal have been exhausted, and would require the Executive Director to be satisfied that adequate budget provision had been established to meet the expected net costs to the Council.

(ii) To authorise designated Officers to instruct suitably qualified, insured and resourced external agencies to carry out impoundments where necessary, with horses being returned to their owners only after sufficient monies have been paid to reimburse the City Council and its agents for all reasonable costs incurred during the impoundment procedure and period.

(iii) The policy options recommended in this report have been specifically developed with the current problem of grazing horses in mind. However it is recommended that they are also applied to manage and control the keeping or grazing of ponies, donkeys, and any other livestock on City Council land that may occur in the future.


 

REASONS FOR THE DECISION

1. The policy recommended is indicated through consultation to be the most popular, reasonable and even-handed of the options considered, while giving Officers sufficient means to address local concerns, and resolve specific problems areas.

2. The policy recommended is anticipated to be capable of effective implementation within the Open Spaces Service’s currently allocated budgets and resources.

3. The policy recommended ensures the City Council has the means to continue to provide safe, attractive and wildlife-friendly green spaces for local leisure and recreation.

4. The policy recommended is flexible, with the degree of tolerance afforded capable of moderation according to the changing demands of circumstance or local opinions and sensitivities.
 

DETAILS OF ANY ALTERNATIVE OPTIONS

1. The Council adopts a zero tolerance policy toward horses grazing on its land, and decides to use the discretionary powers available under the Hampshire Act to enforce the position.

2. PRO: The policy is very clear, and fully addresses concerns over public safety, animal welfare, and the condition and biodiversity value of the grazed land.

3. CON: The approach would be unpopular with a large section of the local community, costly to sustain (no budget currently designated, enforcement costs projected to exceed 10k per annum), and could lead to considerable friction between the City Council and settled traveller community.

4. The Council sets designated areas of land aside for grazing through legal agreements, and licenses and controls this activity within these specified areas.

5. PRO: This approach would regulate and control the number and location of horses grazing on City Council land, and generate a small income (typically circa £200/acre). It should be noted that the public are already able to apply for grazing rights on a limited number of sites within Southampton, under a licensing arrangement let and administered by the Valuation and Estates Consultancy. These sites are detailed within Appendix 2 to this Report.

6. CON: The land currently grazed by horses could in the most part not be officially designated for grazing due to the Council’s duties under Natural Environment and Rural Communities Act (2006) and responsibilities as regards their Sites of Importance for Nature Conservation (SINC) status. Furthermore, no additional suitable grazing land can currently be identified in the city, outside of the sites listed within Appendix 2 to this report, without prejudicing current recreational and leisure provision, and public rights of access.

7. The Council does nothing.

8. PRO: None.

9. CON: There continues to be no policy or procedural framework in which Officers can operate to manage or control the problems caused by grazing horses, the associated safety and environmental liabilities, or to address public concerns.
 

OTHER RELEVANT MATTERS CONCERNING THE DECISION

CONFLICTS OF INTEREST

The decision-maker(s) did not declare a personal or prejudicial interest in the matters set out in the report  

CONFIRMED AS A TRUE RECORD:

We certify that the decision this document records was made in accordance with the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 and is a true and accurate record of that decision.

Date:

Decision Maker:

21/01/2008

The Cabinet

Proper Officer:

Judy Cordell

SCRUTINY

Note: This decision will come in to force at the expiry of 5 working days from the date of publication subject to any review under the Council's Scrutiny 'Call-In' provisions.

Call-In Period

22 January 2008 to 29 January 2008

Date of Call-in (if applicable) (this suspends implementation)

Call-in Procedure completed (if applicable)

Call-in heard by (if applicable)

Results of Call-in (if applicable)