Agenda item

A report of the Superintendent of Hampstead Heath (copy attached).

The Superintendent introduced the update report on the Hampstead Heath Ponds Project, noting that the project was now subject to a wider and longer period of consultation, including stakeholder workshops. Arising from these would be an Options Paper for consideration by the Committee in November 2013. Subject to the decision of the Committee, the preferred option would then be subject to public consultation between November 2013-February 2014. The Superintendent concluded his introduction by remarking on some current topics:

·         He drew attention to the Ponds Project Communications Plan, noting that the project had been ‘branded’.

·         The procurement process for the project had been restarted and included four bidders.

·         Efforts were underway to arrange a meeting between the City of London and the Heath and Hampstead Society, with their respective legal advisers, to discuss the concerns of the Society over the legal issues surrounding the project.

·         The extended consultation period had concomitant additional costs that would require delegated authority within the next few weeks

·         The Ponds Project was a once-in-a-generation opportunity to mitigate a strategic risk by way of a bold solution, provided the natural aspects of the Heath of lay at the heart of the Project.

The Committee then discussed the update report and the following observations were made:

·         The Chairman agreed that the Ponds Project was a unique opportunity: it could be considered against the backdrop of the Heath as an evolving open space and it was probably appropriate for the more interventionist measures to take place in areas that were already more formal, such as the Boating Pond.

·         In response to a question from a Member, the representative from the Comptroller & City Solicitor’s Department explained that any application for a Judicial Review would require permission from the Court to proceed.  If this were refused, the matter should be dealt with relatively swiftly.  If it were granted, and the matter went to a full hearing, this would delay the Ponds Project by a period of months. In response to a further question about why the City had not shared the advice it had received from counsel, he replied that he felt that the City’s general position on the legal issues was clear.  What had been resisted was the release of detailed written advice regarding individual arguments, such as the interpretation of particular cases.  It was not normal practice to share this information with a potential litigant.  He added that it was important to remember that a previous meeting had been held with the Heath & Hampstead Society in chambers to discuss the legal arguments – the outcome of that meeting had been that the City and the Society would have to agree to disagree.  From the City’s perspective, nothing had changed since that previous meeting – however the Comptroller was happy to attend the further planned meeting with the Society.

·         A Member registered his thanks to both the Superintendent, his team, and the Chairman for their progress on the Ponds Project thus far, noting that progress was arguably impeded by the threat of a Judicial Review. He stated that he agreed with a creative interventionist approach as outlined by the Superintendent but cautioned that the period for consultation must not under any circumstances be reduced.

·         A Member noted that City of London Members and staff must be included in the Ponds Project Communications Plan to allow them to act as advocates should the opportunity arise. Further to this comment the Chairman and Deputy Chairman agreed that an all-Member visit to the Heath would be appropriate at some point in Autumn 2013.

RESOLVED, that Members:

·         Adopt the revised programme;

·         endorse the Communications and Engagement Strategy, subject to comments made by Members; and

·         delegate authority to the Town Clerk in consultation with the Chairman and Deputy Chairman to approve budget adjustments to fund additional professional fees, that are currently being evaluated, to cover the expanded consultation, extended programme and other additional works to meet the revised schedule of appointment, that will fall within the agreed budget envelope of £15.2m (+/- 20%).