Agenda item - Brighton Sea Cadets volunteer permits

Report of the Executive Director Environment, Development & Housing (copy attached).

1)            That the Environment, Transport & Sustainability Committee, on the basis of the specific circumstances identified at Committee, agrees to provide five temporary permits to Brighton Sea Cadets to be reviewed upon the adoption of the parking permit policy in October 2015

92.1      The Committee considered a report of the Executive Director Environment, Development & Housing that made recommendations in relation to the request from Committee to receive a report investigating the specific parking problems experienced by volunteers working for Brighton Sea Cadets in relation to parking restrictions recently put into place.

92.2      On behalf of the Conservative Group, Councillor Theobald moved a motion to delete recommendation 2.1 to be replaced with the following:

2.1   That the Environment, Transport and Sustainability Committee instruct officers to issue sufficient permits to Brighton Sea Cadets forthwith

92.3      The motion was formally seconded by Councillor Wealls.

92.4      Introducing the amendment, Councillor Theobald stated that he had no problem with the Committee receiving a later report on a volunteer parking permit policy review but he felt strongly that this specific organisation and its volunteers urgently needed the council’s assistance.

92.5      Councillor Mitchell stated that she agreed with the principle of the proposals of the report but had concerns that waiting until October to conduct a wider review would put into question the ongoing viability of the organisation. Councillor Mitchell asked if it was possible to issue temporary permits pending the wider review with assurance given to other organisations that might petition the council for the same that a policy review was underway with the results issued in October 2015.

92.6      The Chair stated that it was his view that the above suggestion could set an uncertain precedence and also noted his concern for the impact upon residents paying for permits in the zone.

92.7      Councillor Davey requested legal advice on how the council would go about setting a criteria for qualification in the absence of a specific policy and how it would handle requests made by other organisations should permits be granted on this occasion.

92.8      The Deputy Head of Law advised that issuing temporary permits may instigate applications from other organisations. As the council had no clear policy on the matter of volunteer permits, a refusal of any subsequent requests could lead to a legal challenge to the council as to whether it was acting logically, fairly and reasonably.

92.9      Councillor Daniel stated that she hoped the policy review would also consider the social value of volunteer organisations and asked whether the council could provide financial support to Brighton Sea Cadets pending the review.

92.10   On behalf of the Conservative Group, Councillor Theobald moved a revised motion to delete recommendation 2.1 to be replaced with the following:

2.1    That the Environment, Transport and Sustainability Committee   instruct officers that five permits are to be issued to the Brighton Sea Cadets on a temporary basis until a full review in October 2015.

92.11   The motion was formally seconded by Councillor Mitchell.

92.12   The Deputy Head of Law advised that whilst the council still had no policy on which to assess permit requests, the revised amendment recommending temporary permits on a specific and clear time-limited basis would reduce the risk to the authority in the event of challenge.

92.13   The Parking Infrastructure Manager advised that officers had concerns that the temporary permits would mainly be used between 6pm-8pm which was a busy period in the area as people arrived home and this may lead to related complaints from residents about parking availability.

92.14   The Chair called an adjournment to the meeting at 17:35. The meeting reconvened at 17.45.

92.15   The Deputy Head of Law set out a suggested revision to the motion set out above as follows:

2.1   That the Environment, Transport & Sustainability Committee, on the basis of the specific circumstances identified at Committee, agrees to provide five temporary permits to Brighton Sea Cadets to be reviewed upon the adoption of the parking permit policy in October 2015

92.16   The Chair then put the motion to a vote that carried.

92.17   RESOLVED- That the Environment, Transport & Sustainability Committee, on the basis of the specific circumstances identified at Committee, agrees to provide five temporary permits to Brighton Sea Cadets to be reviewed upon the adoption of the parking permit policy in October 2015