Agenda item

To consider items of Public Forum sent to the Downs Committee. Interested parties can submit a written statement of approximately one side A4 to the Downs Committee by sending it to Democratic Services by no later than 12pm Friday 21 January.

The following public forum statements were NOTED:

01.  Andrew Lynch (appearing in person)

02.  Susan Carter, Downs for People (appearing in person)

03.  Friends of the Downs and Avon Gorge

04.  Councillor Christine Townsend (appearing in person)

In response to these public statements, the Master of the Society of Merchant Venturers made the following statement:

“A number of points have been raised by Downs for People and Cllr Christine Townsend as reported in the press on Friday and I would like to respond.

First, they say that the Society of Merchant Venturers should give Clifton Down to the city with a dowry to cover its future maintenance. Well, the fact is that the Merchants, under the terms of the Downs Act 1861, committed Clifton Down (which they owned) irrevocably to be kept as open space for the benefit of the people of Bristol – at a time when the others were making a fortune out of developing houses all around it. In fact, they bought the land specifically to stop that from happening and have sought throughout the history of the Downs to protect it. As a result of that commitment, any income derived from any activity on Clifton Down has always gone to the Downs Committee.

The Merchants put a great deal of time and effort into the Downs, care about it deeply and gain absolutely no benefit from their involvement. There is a very positive collaborative relationship with the Councillors on the Committee who I believe find our involvement very beneficial. The Councillors are incredibly busy with Council matters and constituency affairs so having help from people with useful skills who are very focussed on looking after the Downs and at the same time trying to make it self-funding can surely only be a good thing.

Turning now to the recent court case. The North Carpark has been in use since 1922 and the Lady’s Mile since the 1960’s. Nevertheless, and despite the considerable loss of income to the Downs, it was made clear to DfP that following the relocation of the Zoo, there was no intention for continued use of these areas for parking for off Downs activities. DfP were not concerned about the future of the Zoo nor of the many visitors including people with small children and the disabled who needed to park close by. Frankly, I am at a loss as to why DfP continued with their litigation which simply drove up the costs needlessly. As a group I am puzzled why they feel that they are entitled to demand meetings and should receive preferential treatment ahead of other stakeholders - the Downs are for everyone.

It is in fact an exciting time for the Downs. As a result of the pandemic, the people of Bristol are aware of its immense benefit to the city. It was really good news that 11 different groups attended the recent public meeting, with FODAG amongst others coming forward with a number of suggestions and doing a great job with programmes on conservation, restoration and education. All the members of the Downs Committee are determined to take advantage of this positive input which is what, at the end of the day, is going to keep the Downs as a wonderful open space which we can all be proud of. I can give an absolute assurance that the Society is committed to collaborating with all interested groups who want to move forward constructively.

Finally, the Merchants have and will continue to operate on the Downs Committee in line with the Nolan Principles alongside the Councillors on the Committee.”

Discussion notes:

·       The Lord Mayor emphasised the value of the Society of Merchant Venturers’ contribution to the Committee. They bring important skills, knowledge and connections and are not paid for their time. The committee would be more difficult to run without their help.

·       On the governance review, the committee ran a stakeholder engagement event in October, which resulted in very helpful input from 11 different stakeholder groups. There has been work carried out in the meantime by task and finish groups, which has resulted in draft consultation documents that will be considered by the committee today.

·       These draft documents have not been published for this committee as they will be the basis for an open public consultation. It will take some time for officers to make them ready for the public.

·       The committee is aware that governance can be improved, which is why this consultation is happening. We would encourage everyone to engage positively with the consultation when it is published.

·       The Downs Act 1861 imposes legal requirements on the structure and operation of the Downs Committee, which could only be removed by passing new legislation.

·       This is a particular issue when it comes to membership, which results in a new Chair every year and the annual replacement of 4 committee members. The lack of continuity and corporate memory makes long term planning difficult.

·       Repealing or amending the Act requires an Act of Parliament and is likely to take several years and cost up to £500,000. It was agreed that changing the act could be included as an option within the consultation, along with other governance models that were possible within the Act as it currently stands.

·       It could be helpful to have an item on the next agenda in public session that outlines the governance issues presented by the act to give additional context ahead of the consultation.

After this meeting there was a closed session of the Downs Committee so members could discuss the draft documents and approach to the consultation. At the end of that session, it was RESOLVED:

1.     That the draft documents be submitted to BCC officers for development into formal consultation documents.

2.     That the Strategy and Governance Task and Finish group work with BCC officers on this development and once the consultation is ready, it be published as soon as possible.

3.     That the responses to the consultation be referred to the Downs Committee, which may need to hold a specific meeting for this purpose.

4.     That committee request BCC legal officers to produce a report outlining the governance issues caused by the Downs Act.