Decision details

To consider the report of the Cabinet Member for Leisure, Culture and Heritage seeking approval for officers to apply to the Secretary of State for the Environment, Food and Rural Affairs (DEFRA) under Section 38 of the Commons Act 2006, for consent to carry out works on the West Park to implement the proposed Cenotaph Memorial Wall.

(i)  To authorise officers of the City Council to apply to the Secretary of State under Section 38 of the Commons Act 2006 for consent to carry out works on registered common land (West Park) to place the proposed Cenotaph Memorial Wall.

(ii)  To delegate authority to the Executive Director of Neighbourhoods, in consultation with the Solicitor to the Council, to do anything necessary to support the proposals within the report.

(iii)  Subject to the successful consent of the Secretary of State to carry out the works proposed to delegate authority to the Executive Director of Neighbourhoods in consultation with the Chief Financial Officer to approve the proposed Cenotaph Memorial Wall and add to the Neighbourhoods Capital Programme.

1. To authorise officers of the City Council to apply to the Secretary of State for consent to site the proposed Cenotaph Memorial Wall on common land.
2. To authorise officers of the City Council to assist others in securing external funding to enable construction work to be carried out on common land, subject to the consent of the Secretary of State.
3. To ensure the successful delivery of the proposed Cenotaph Memorial Wall by the City Council, working in partnership with Southampton and  Fareham Chamber of Commerce and The Royal British Legion.

1. To not apply to the Secretary of State for consent to carry out works on common land (West Park) would expose the City Council to legal challenge.
2. To not proceed would result in a failure to meet the aspirations of Cabinet and residents.
3. To not secure additional funding could result in a greater reliance upon City Council budgets.