the council meeting is preceded by the canal & river trust ......canal & river trust council...

The Council meeting is preceded by the Canal & River Trust Annual Public Meeting in the Hoare Memorial Hall, Church House, 1000-1300

From 1230 LUNCH (Bishop Partridge Room)

(Harvey Goodwin Suite) 1330-1630

Welcome & Introductions – Tony Hales, Chairman Apologies Notes of the 8th Council Meeting held 25 March 2015, for agreement and Matters Arising Appointments Committee Report – Lynne Berry, Chair Appointments Committee 3rd Annual General Meeting of Canal & River Trust(See separate agenda overleaf) Canal & River Trust Update – Tony Hales, Chairman and Richard Parry, Chief Executive - Matters Arising from the APM

Waterways Ombudsman Scheme – Andrew Walker, Waterways Ombudsman & Kevin Fitzgerald, Independent member of the Waterways Ombudsman Committee Angling Update – David Kent, nominated Council member, The Angling Trust TEA Using planning to protect and enhance the waterways and surrounding area – Heather Clarke, Head of Strategy & Planning Future Agenda Topics 1630 Close of Meeting

– 2016 Council meetings are currently under review and will change from those previously published. The March meeting will be the first meeting of the new Council. Dates will be advised as soon as possible

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Company Number: 7807276

CANAL & RIVER TRUST

NOTICE OF ANNUAL GENERAL MEETING

NOTICE IS GIVEN that the third annual general meeting of Canal & River Trust (“the Trust”) will be held at Church House, Dean's Yard, London SW1P 3NZ on Wednesday 23 September 2015 commencing at 1330 (or as soon as convenient thereafter) for the following purposes: 1. To receive and consider the Trust’s accounts for the period ended 31 March 2015 together with the Trustees’ report

and Auditors’ report. 2. Trustee re-appointments by rotation.

Frances Done Manish Chande Steve Shine

3. To agree revisions to the Trust Rules, draft dated 9 September 2015, to take effect from March 2016. 4. To re-appoint Grant Thornton UK LLP as auditors and to authorise the Trustees to fix their remuneration. NOTES Report & Accounts Copies may be found online at: https://canalrivertrust.org.uk/media/library/11269-annual-report-2015.pdf Hard copies will be available at the meeting or may be requested in advance by sending a request to [email protected] or by calling 0303 040 4040. Trustee Biographies Information about Trustees may be found at page 98 of the Report & Accounts. Appointment of Proxies Any member of the Trust (a ‘Council member’) is entitled to appoint another person as his or her proxy to exercise all or any of his or her rights to attend and speak and vote at a meeting of the Trust. A proxy must vote in accordance with any instructions given by the Council member by whom the proxy is appointed. The proxy may be the Chairman of the meeting or any other person the Council member wishes to appoint and need not be a Council member. A proxy notice must be given in writing and must contain all the information in the form of the notice attached. It should be sent by post or electronically to the Secretary to the Trust at the addresses given in that form to arrive not less than 48 hours (excluding Saturdays, Sundays and public holidays) before the meeting.

Jackie Lewis Secretary to the Trust

https://canalrivertrust.org.uk/media/library/11269-annual-report-2015.pdf

mailto:[email protected]

Canal & River Trust Council Meeting, 25 March 2015 – Notes of the meeting 1

Date Wednesday 25 March 2015 Venue Copthorne Hotel, Merry Hill-Dudley - West Midlands Waterway Present Ann Farrell, Private Boating Representative Brian Fender, Chair London Partnership (present in part) Brenda Harvey, Chair North Wales & Borders Partnership Bob Pointing, Chair North West Partnership Peter Brown, Railway & Canal Historical Society Clive Henderson, Private Boating Representative Danny Brennan, Chair East Midlands Partnership David Gibson, Ramblers Association David Hagg, Chair South Wales & Severn Partnership David Kent, The Angling Trust Ivor Caplan, Private Boating Representative Jim Harker, Local Government Association John Best, Chair South East Partnership John Yates, Institute of Historic Building Conservation Mike Palmer, Waterway Recovery Group Nigel Stevens, Boating Business Representative Paul Wilkinson, The Wildlife Trusts Peter Hugman, Co-optee, Freight Peter Mathews, Chair West Midlands Partnership Tasmin Phipps, Chair Kennet & Avon Partnership Tony Hales, Chair Trustees Vaughan Welch, Private Boating Representative Apologies Alison Ward, Welsh Local Government Charlotte Atkins, Chair Central Shires Partnership Charles Trotman, Country Land & Business Association Chris Bailey, Employee Representative Chloe Donovan, Co-optee, National Council for Voluntary Youth Services Mark Lang, Chair All Wales Partnership Mark Penny Chair North East Partnership Martyn Brunt, Sustrans Paul Owen, British Canoeing Rafid Al Khaddar, Society for the Environment Tony Matts, Boating Business Representative Walter Menzies Chair Manchester & Pennine Partnership In attendance Trustees Lynne Berry John Dodwell Frances Done (present in part) Tom Franklin


Executive Directors and Management Team Richard Parry, Chief Executive Philip Ridal, Finance Director Simon Salem, Marketing Director Stuart Mills, Property Director Vince Moran, Operations & Asset Management Director Ruth Ruderham, Head of Fundraising (present in part) Dominic Papineau, Corporate Partnerships Officer Ed Fox, Head of Communications Tim Eastop, Arts Development Manager Jo Bell, Canal Laureate Caroline Killeavy, Head of Community Engagement Annette Simpson, Education & Interpretation Manager (present in part) Roger Hanbury, Head of Governance Services Yetunde Salami, Assistant Company Secretary Brenda Adams, Administrator Governance Services The Council meeting was preceded by an optional site visit hosted by the Dudley Canal Trust, including a boat trip through the Dudley Tunnels. 1. Welcome & Introductions. At 1115, Tony Hales welcomed everyone, particularly Councillor Jim Harker, the newly

nominated member representing the Local Government Association; Brenda Harvey, Bob Pointing and David Hagg, newly appointed Chairs of the North Wales & Borders, North West, and South Wales & Severn Partnerships respectively. TH also welcomed Yetunde Salami, the Trust’s Assistant Company Secretary.

Apologies were noted as above. 2. Notes of the 7th Council Meeting (24 September 2014). The Notes were agreed. It was noted that the Matters Arising have been included as

agenda items. 3. Trustees & Council Appointments Committee. 3.1 Committee Update Report. Lynne Berry, Chair of the Appointments Committee, introduced the paper previously

circulated. LB introduced members of the Committee and explained the Committee’s functions.

Partnership Chair Appointments: LB outlined the open recruitment process, undertaken

by the Committee, of three new Chairs now appointed to the North Wales & Borders, North West, and South Wales & Severn Partnerships.

LB then explained the process for the six Partnership Chairs whose first terms will end on

28 March 2015. All had indicated their willingness to complete a further term. On the basis of satisfactory annual appraisals conducted by the Chair and Deputy Chair of the Trust, the Committee had decided to recommend the re-appointments as set out below. Under the Trust Rules, these reappointments would be subject to approval by the Board of Trustees at their next meeting on 26 March. The Committee recommendations were to:

https://canalrivertrust.org.uk/media/library/9629.pdf


reappoint Charlotte Atkins (Central Shires), Danny Brennan (East Midlands), Brian Fender (London), Mark Penny (North East) and John Best (South East) for a further term of 3 years from 28 March 2015

reappoint Mark Lang (All Wales) for up to 6 months pending a review of the All Wales Partnership which is the subject of a later paper at this meeting

In concluding this item, LB noted that in the Trust’s journey over the last 3 years, the

Partnerships have made extraordinary contributions to the Trust. Nominated Member of Council: LB noted the nomination of Councillor Jim Harker,

nominated as Member of the Council by the Local Government Association. Boater representation on Council: LB reported that the Appointments Committee

considered Ann Farrell’s proposal at the last Council meeting for an increase in Boater representation on the Council. The Committee had considered carefully the balance of representation on the Council now and in the context of changes that would take effect from March 2016. The Committee concluded that no change should be made beyond those already agreed in the Rules approved by the Council at their meeting in September 2014. The matter would be kept under review and considered as part of the Governance Review due to take place no later than 2019.

Election Regulations: LB outlined the draft 2015/16 Election Regulations circulated with the

paper. LB explained that the Regulations, which are the responsibility of the Appointments Committee, set out the eligibility criteria for participation in the elections to be held between September and December 2015 for the Council that would take effect from March 2016. These elections would include a member to be elected from amongst the Friends of the Trust and another from Volunteers registered with the Trust. LB noted also that the Regulations provide for the elections to be run online - including nomination, sponsorship of candidates and voting.

In discussion, Council members suggested that the nomination period as stated in the

timetable should be extended by one week into October 2015 in order to accommodate people who may be on holiday in September. It was agreed this would be considered and the revised timeplan incorporated into the Regulations as follows:

Event Date

Election website available by link from www.canalrivertrust.org.uk Friday 10 April 2015

Nominations open Friday 11 September 2015

Nominations close Wednesday 14 October 2015

Publication of candidates standing for election and their manifestos

Friday 23 October 2015

Last date for candidates to withdraw their candidature 1700 Friday 30 October 2015

Voting opens Friday 13 November 2015

Voting closes Friday 11 December 2015

Results announced Monday 14 December 2015

First meeting of the new Council Wednesday 16 March 2016

A copy of the Regulations with this revision and in the form to be published for the elections

is included as Annex 1. 3.2 The Trust in Wales. LB outlined the paper previously circulated, describing a review of our engagement in Wales

and the proposal for a new Wales Board – Bwrdd Glandŵr Cymru – to replace the All Wales Partnership.



LB explained that over the last three years, under the leadership of Mark Lang, the Partnership has enjoyed significant achievements including the establishment of an MoU with Welsh Government, a long-term partnership with Cardiff University, dialogue with Public Health Wales and Natural Resources Wales, and completion of a 10-year strategy for the Waterways of Wales.

In this time, the Welsh Assembly has seen a significant increase in its primary legislative

powers and the establishment of a Welsh Treasury function. In the next few years, we may see further development of the devolution model.

It had also been noted there has been the propensity for some confusion over the

relationship between the All Wales Partnership and the two Waterway Partnerships – South Wales & Severn and North Wales & Borders. This has been particularly so for the Trust’s partners, including Assembly Members, where they are engaged in both a national and local role.

To give greater clarity, it was therefore proposed that the new Board would be chaired by a

Trustee with current connections with Wales. The Board would act as a support and sounding board for the Executive and Senior Management Team on Welsh matters. It was expected that the new Board would have up to 10 members working to terms of reference set out in the paper. Additionally, there would be a requirement for the Board to regularly engage with the Chairs of the North Wales & Borders and South Wales & Severn Partnerships, to support their work and ensure alignment.

In order to retain representation for Wales on the Council, the Trust Rules would be revised

at the next opportunity to create a new nominated seat on the Council. The new Bwrdd Glandŵr Cymru is expected to be in place by the end of September 2015. In discussion, it was suggested that the Board should include members with expertise in

both natural and built heritage. Council members were appreciative of the work undertaken by the All Wales Partnership

and thanked the Chair, Mark Lang, and Members for all they had achieved in creating a voice for the Trust in Wales.

The Council endorsed the recommendation that the new Bwrdd Glandŵr Cymru is

established and that the Trust Rules should be revised at the next opportunity to create a new nominated seat to provide continuing representation for Wales on the Council.

3.3 Governance Report. Roger Hanbury presented the Governance Handbook which had been circulated previously. RH explained that the Handbook, which was initially considered by the Council in 2012, is

intended to be an explanatory and reference source that collates and consolidates the various governance provisions of the Trust and its structures, both formal and informal. It

will serve as a guide to the Trust for staff, volunteers and those involved or considering involvement in all levels of the governance of the Trust. The Handbook would be made available on the Trust website and can be found here.

The Council noted the Handbook.



3.4 Canal & River Trust Update: Richard Parry, Chief Executive Richard Parry talked through his presentation, stating the headlines for 2014/15, including:

increased usage of the waterways and towpaths

improved safety performance

income: year-end forecast at £183.8m against budget of £170.9m

total charitable activities expenditure: year-end forecast at £123.7m against budget of £118.2m

projected surplus: £1.4m – an improvement of £7.4m on the plan figure

repairs: £93m spent on waterway maintenance and repair, up 10%

emergency works were carried out in Birmingham aqueducts in close liaison with Network Rail, and at Dutton where the contractor accepted responsibility for the fault

customer service works: £7m spent on dredging in 2014/15, and an additional £2m on offside vegetation clearance

£45m spent on 175 stoppages between November 2014 and March 2015

Volunteering hours are on target to reach the planned 400,000 hours this year

Canal adoptions: 85 in place ahead of the target of 80

Public engagement: 16 Open Days held, c.9,500 people attended in total

Over 35,000 children have taken part this year in the education programme RP then gave a brief overview of the proposed 2015/16 Business Plan which would be

considered by Trustees at their meeting following the Council, adding that the 2015/16 budget is linked to the Trust’s 10-year strategy and it builds-in local priorities and customer needs. It also takes into account the Trust’s long-term financial projections.

RP further outlined other areas:

A Better Towpaths policy, which sets out the 9 principles for towpath use for all users, had been launched

New boat license terms and conditions have been issued and a new approach taken on boats without home moorings and visitor mooring framework

New partnerships with the Desmond Foundation and Rolls Royce

Fundraising successes with grants from the Wolfson Foundation and HLF, and £13m for towpaths from DfT

The Ombudsman Committee has been newly reconstituted with 3 independent members

The Trust had excellent and positive media coverage during the year. A communications strategy is being drafted

RP noted organisational changes made to increase focus on customer service and

community engagement, and to establish a national approach to asset management/work planning. He also outlined a number of new appointments being made.

In discussion, it was suggested that:

the Trust would benefit from better information on the age and disability profile of users of the waterways

there is a need to give a higher profile to the Trust’s good works in getting third parties to improve our waterways. The social value of the Trust’s work needs to be measured; this can be used to demonstrate the value of grant funding to Government and other funds. A paper on the social value of the Trust’s work would be considered for a future meeting


The Council commended management and staff on a successful year. Richard Parry’s presentation can be found here. 4. Property & Investment. Stuart Mills introduced his presentation.

He explained that the Group Investment Policy sets out how the Trust’s investment portfolio will be managed to comply with the Grant Agreement. SM set out the challenge faced in growing income over time to contribute more to the cost of looking after the waterway network, identifying 3 areas each to be grown ahead of the rate of inflation (CPI):

capital value of our investments

investment income

utility income

SM outlined that our investment portfolio incorporates property assets, non-property assets (managed by Partners Capital), and joint venture investments. He explained that Trustees had agreed an investment policy and had established an Investment Committee to support and scrutinise investment planning. As part of the DEFRA grant agreement, a Protector had been jointly appointed by DEFRA and the Trust to give independent assurance on the management of the endowment portfolio transferred to the Trust. SM noted that our investment property performance was benchmarked against the Investment Property Databank (IPD) which was an industry standard benchmark. The Trust has consistently exceeded IPD over the last 5 years. SM then went on to review investment performance and noted that capital growth was comfortably ahead of CPI + 1 target since 2010/11. He described the utilities business which generates a sizeable part of our income – £25m per annum from, amongst other sources, rights to lay cables on our land, surface water drainage, sale of surplus water and innovative green and sustainable energy. SM explained that the total income from all our investments can be lumpy from year-to-year and, for example, in the current year 2014/15, a sizeable one-off receipt had inflated income as noted in earlier presentations. Overall, however, the smoothed trend was growth in income at roughly 4 times the rate of CPI. SM then reviewed the highlights:

Asset value growth is well above inflation rate and the plan is to grow at roughly four times CPI. £109m of property investments had been made in the last 5 years at an average yield of 7.3% (income), replacing stock earning less than 4%

The strategy is to continue to dispose of lower income and low value assets and invest in better-returning assets with long-term sustainable income. There will be a move away from estates management to strategic asset management

The Trust will continue with its joint venture relationships with private sector partners to create high quality places which would showcase our waterside, eg, Brentford Lock



On non-property investments, SM stated that the Trust’s non-property investment strategy is to invest c. £100m over 3-5 years with Partners Capital LLP, a top-rated funds management company. This investment is a mixed portfolio of private equity, global equities, credit, fixed income, etc – assets not directly correlated to property. It is targeted to generate 9% total returns per annum, and currently this looks achievable. The investment programme has been accelerated as surplus cash has been generated from property disposals and the non-property portfolio will have £80m by 2014/15 year end. Our utilities strategy is to continue to maintain and develop long-term strategic relationships with the major utility companies and other utility customers, as well as explore innovative new ways the Trust could generate income. The team had performed exceptionally well in driving income growth in this area. In discussion it was noted that:

the Trust has a policy not to invest in projects that conflict with our charitable objects and the Trust is also careful about the partners that it does business with. The Fundraising team have an ethical policy which the property team replicates

the Trust is tax exempt for its charitable activities and non-charitable activities take place in trading subsidiaries where pre-tax profits are gift-aided to the Trust. Most investments are carried out within the charity so it benefits from stamp duty exemptions. The joint ventures are also tax transparent which allow profits to be passed to the charity pre-tax

The returns from investments noted above were net of all costs of running the portfolio and there was an objective to drive non-charitable costs down to c.9%

The Trust’s Isis joint venture partnership has a sustainability policy and it scores high on environmentally sustainable developments

The Council commended the work done by the Property team and Tony Hales summarised that the primary objective is to make money for re-investment into the waterway network.

Stuart Mills’ presentation can be found here and his paper here. 5. Corporate Fundraising: Ruth Ruderham and Dominic Papineau.

Prior to the Council meeting, a paper had been circulated. Ruth Ruderham then talked through a short presentation with Dominic Papineau. RR explained that the Trust’s fundraising ambition within 10 years is to have 100,000 Friends, raise at least £10million per annum, be a top 100 fundraising charity, and to be seen as a partner of choice for socially-minded companies. 2014/15 had been a strong year across fundraising. RR noted that the face-to-face fundraising was now progressing well and we are fast approaching 10,000 active Friends, the majority recruited face-to-face by our fundraisers. Typical gifts are £5 per month and rates of retention are good. We are also developing other propositions to engage, for example, the Naturewatch Guide, which had secured nearly 700 Waterside Watch supporters. The “Readymade Waterway Days Guide” to our top destinations had secured 430 Friends. Both campaigns were estimated to have a reach of about 20m people and will have contributed to more waterway visits. RR confirmed that the Desmond Foundation had made a major pledge to support England’s first Coast to Coast Canoe Trail. £1.3m is committed and this project is expected to engage more than 10,000 young people.





Three major donors are also supporting the Stratford to Stratford Youth Arts Project and private donors were funding the installation of The Line, a world class sculpture, along the Meridian Line in London. In the corporate arena, M&S had confirmed a third year of support through their Big Beach Clean-up in April. The People’s Postcode Lottery have doubled their annual donation to the Trust to £250,000. Our work with Google will extend to their cultural institute which will include our digital archives in their virtual museum. RR also confirmed that Rolls Royce is going to support the development of a new education programme – Brindley Brainwaves – to be delivered by youth volunteers to 7-14 year olds, and Sport England will fund a 2-year post for a Sports Participation Manager to attract more people to sport on the waterways in the South East. DP introduced the corporate membership programme adding that research has shown that companies want products that will associate them with charities as well as provide employee volunteering opportunities. The Fundraising team will focus on national partnerships but the product has been designed to work at a local and regional level too, giving partnerships and senior volunteers the resources to fundraise locally. By offering more than just volunteering, we hope to build stronger relationship with companies. DP requested Council members’ assistance in promoting membership and by signposting the Fundraising team to local companies who may be interested. RR agreed to contact Cllr Jim Harker to arrange for her to present the programme on a local government platform. Tony Hales commended the team for work done.

Ruth Ruderham’s presentation can be found here. 6. Arts on the Waterways: Tim Eastop, Ed Fox, Jo Bell. Ed Fox outlined the Trust’s arts programme, its origins and the benefits it delivers to the

Trust and waterway visitors:

Programme inspired by the early restoration campaigners

Backed by Arts Councils in England and Wales, the programme has grown from a pilot of six, to more than 50 projects delivered or in the pipeline

Waterways are being used as a cultural space. The programme has opened access to new funding partners. It allows engagement with individual artists who in turn inspire communities

Independent research carried out showed that 75% agreed or strongly agreed that they’d be more likely to visit if there was contemporary art on site, and 98% agreed or strongly agreed that it’s a good idea to have art activity on the waterways

In 2015/16 there are 10 major projects confirmed which are expected to raise £1m external funding (of which c.£400,000 will not pass through our books). This includes Super Slow Way – a major £2.3m 3-year arts programme along the Leeds & Liverpool Canal, led by local communities and professional arts producers

A short video was shown outlining the programme Tim Eastop then gave a presentation on the 2015 programme for Arts on the Waterways

before introducing Jo Bell, Canal Laureate, who introduced herself as a poet, boater and archaeologist.

Jo Bell set out her personal experience of being Canal Laureate from her perspective as a poet, boater and archaeologist. She set out how her work with the Trust has led to multiple opportunities for her and for the Trust to promote the waterways, from a debate on the


https://www.youtube.com/watch?v=a6hnpaR3WXQ&list=FLFcKH5LvKDvxJJJRY7Aw5_w&feature=player_embedded


impact of LTC Rolt’s Narrow Boat at Hay Literary Festival, to press coverage and appearances on BBC Radio’s “Poetry Please” and “Mid-Week” programmes and collaborations with other artists. She stated that the project is a subtle and ambitious campaign to bring canals to the centre of English and Welsh culture, while at the same time creating national exposure and good stories which reach an audience who would not normally consider the canals. JB rendered two of her poems to the Council.

The Arts presentation can be found here and a short paper here. 7. Education – Activity & Aspiration: Caroline Killeavy and Annette Simpson. Prior to the Council meeting, a paper had been circulated. Caroline Killeavy introduced her

co-presenter, Annette Simpson, and her presentation which showcased the Trust’s educational offer and activities.

CK stated that canals offer great learning opportunities for children and it contributes to

children’s appreciation of their environment and communities. CK explained the context of the offer which is based on the Trust’s objective to promote and facilitate for public benefit awareness, learning and education about inland waterways. AS explained that learning outdoors

contributes to raising standards and improving personal, social and emotional development

has a powerful motivating effect on young people and beneficial impact on behaviour

develops appreciation of arts and culture

helps personal and social development, eg, confidence, communication, social skills, self-discipline

has beneficial effects on well-being, and meets learners’ needs

It was noted that the Trust has a long-term target to engage 500k children each year. The

Trust’s Children Explorer Programme targets Key Stage 2. AS outlined the current impact of the programme:

Delivered quality learning for nearly 40,000 children to date this year – up from 3,600 in 2012

Recruited, trained and supported 148 education volunteers with further recruitment ongoing at new sites

Over 1,500 named teachers on the marketing database and circulating half-termly newsletters

The STEM learning programme (provisionally named ‘Brindley’s Brainwaves’) for Key Stage

3 is for fostering an interest in engineering and science and curriculum areas are Maths, Science, Design & Technology.

It was agreed that the questions raised by CK in her presentation would be included in the

note of the meeting (see below) and could be considered at a future meeting.

We currently measure the volume and quality of our work. Do the Council have views/experience/advice on where we should start in measuring the social impact of our educational work?

As we move into new areas of education such as skills development in young people and the secondary STEM curriculum, what do you think are important factors we should consider?





Is it the right approach for the Trust to deliver programmes directly or should it favour partnership working with established education providers?

Much of our educational offer is delivered free of charge and available to all who request our services, subject to availability. What is the Council’s view?

What do the Council think of our plan to extend our educational offer to different markets? Are there other markets where Council would wish to see us explore, not already identified?

Some volunteers of the educational programme gave Council members demonstrations of the types of learning experience offered to schools.

Caroline Killeavy’s presentation can be found here, and a short video here. 8. Closing Session. In bringing the meeting to a close, TH asked members to provide any feedback on the

meeting suggestions for future topics to him or RH. TH thanked all for attending the meeting. The meeting closed at 1615. Date of Next Meeting: Wednesday 23 September 2015, 1000 at Church House, Dean’s Yard, Westminster, London, including the 3rd Annual General Meeting of the Trust, followed by the Annual Public Meeting of the Trust. Roger Hanbury/Yetunde Salami 16 April 2015


https://www.youtube.com/watch?feature=player_embedded&v=ObdAlh4uWC0

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ANNEX 1

CANAL & RIVER TRUST (The Trust)

2015/16 Council Electoral Regulations

1. The Elections 1.1 Current members of the Trust Council come to the end of their term of office in March 2016.

1.2 A new Council will then take office from the date of the Council meeting in March 2016.

1.3 The new Council will be formed under the Trust Rules dated 24 September 2014. A copy of

the Trust Rules can be found here.

1.4 Elections for those members to be selected by election will take place between September

and December 2015.

1.5 These Regulations agreed by the Joint Trustees and Council Appointments Committee set how the Council elections will be run.

1.6 The election will be conducted online.

1.7 A secure dedicated website, accessible directly or by a link from the Trust main website will provide for all stages of the election including nomination and sponsoring of election candidates, candidate manifestos, election communications and support, and voting.

2. Constituencies Under Rule 1.2 the election constituencies and the numbers of members to be elected are

as follows:

Constituency Number to be elected

Private Boating 4

Boating Business 2

Volunteers 1

Friends of the Trust 1

Employees 1

3. Time Plan The Time plan for the Council Elections will be as follows:

Event Date

Election website available by link from www.canalrivertrust.org.uk

Friday 10 April 2015

Nominations open Friday 11 September 2015

Nominations close Wednesday 14 October 2015

Publication of candidates standing for election and their manifestos

Friday 23 October 2015

Last date for candidates to withdraw their candidature 1700 Friday 30 October 2015

Voting opens Friday 13 November 2015

Voting closes Friday 11 December 2015

Results announced Monday 14 December 2015

First meeting of the new Council Wednesday 16 March 2016



4. Eligibility

Eligibility criteria for those who may stand for election, sponsor candidates, and vote in the elections in each constituency are as follows:

4.1 Private boating

To be eligible to stand for election, sponsor an election candidate and vote in the election in this constituency, you must hold a 12-month canal or river boat licence on 14 October 2015. To stand for election your nomination must be supported by 10 sponsors who each meet this criterion. To serve on Council, you must continue to hold a valid 12-month canal or river boat licence throughout your term of office. Employees of the Trust are not eligible to stand for election, sponsor candidates, or vote in this constituency.

4.2 Boating Business

To be eligible to stand for election and serve as a Council member in this constituency, you must satisfy one of the following criteria: Criterion 1. You must have one of the following with the Trust:

Marina Connection or Network Access Agreement

Property contract for a boatyard, hire boat base, mooring site or other boating business use

Business Boat licence

Freight vessel registered with the Trust Or

Criterion 2. You must be an officer or employee of a trade association or an individual

that represents the interests of boating businesses

To stand for election your nomination must be supported by 5 sponsors who each satisfy Criterion 1 above. To be eligible to vote in the election in this constituency, you must satisfy Criterion 1.

Employees of the Trust are not eligible to stand for election, sponsor candidates, or to vote in this constituency.

4.3 Volunteers

To be eligible to stand for election, sponsor an election candidate, and vote in the election in this constituency, you must have registered as a volunteer with the Trust. In addition you must have volunteered directly for the Trust in the 12 months immediately preceding 14 October 2015. This volunteering time must have been recorded on the Trust’s database and must be in addition to any time volunteered as a member of an Advisory Group, Partnership or the Trust Council.


To stand for election your nomination must be supported by 5 sponsors who each meet these criteria. To serve on Council you must, throughout your term of office, continue to be registered as a volunteer with the Trust and continue to volunteer regularly, such hours to be spent directly on work for the Trust and in addition to any time volunteered as a member of an Advisory Group, Partnership or the Trust Council. Employees of the Trust are not eligible to stand for election, sponsor candidates, or vote in this constituency.

4.4 Friend of the Trust

To be eligible to stand for election, sponsor an election candidate, and vote in the election you must have supported the work of the Trust by means of an active Direct Debit for at least 4 months on 14 October 2015. Your direct debit payment must be for at least £3 a month or equivalent amount if paid on a quarterly, bi-annual or annual basis. To stand for election your nomination must be supported by 5 sponsors who each meet these criteria. To serve on Council you must, throughout your term of office, continue your direct debit payment of at least £3 a month or equivalent amount if paid on a quarterly, bi-annual or annual basis. Employees of the Trust are not eligible to stand for election sponsor candidates or vote in this constituency.

4.5 Employees

To be eligible to stand for election, sponsor an election candidate, and vote in the election in this constituency, you must be a Trust employee on 14 October 2015.

To stand for election your nomination must be supported by 5 sponsors who each meet this criterion. Executive Directors are not eligible to stand for election, sponsor candidates, or vote in this constituency. Agency staff and others contracted but not on the payroll of the Trust are not eligible to stand for election, sponsor candidates, or vote in this constituency. To serve on Council you must continue to be an employee of the Canal & River Trust throughout your term of office.

5. General Provisions

5.1 Candidates may withdraw their candidature from the election at any time up to 1700 on Friday 30 October 2015.


5.2 Electors may not stand for election in more than one constituency. 5.3 Electors may vote in all elections in which they meet the eligibility criteria. 5.4 Each election candidate will be provided with space to publish a 150-word message or

‘manifesto’ on the election website to support their election candidacy. 5.5 Election candidates are required to declare any committee membership, officer,

trusteeship, directorship or other official position held with any inland waterway organisation during the 12 months immediately preceding 14 October.

5.6 Any organisation (meaning a company, partnership, unincorporated association or other

collection of two or more people) which is eligible to vote in any of the elections will only have one vote for each election in which it meets the eligibility criteria.

5.7 The electoral method will be the Single Transferable Vote. 5.8 The election managers will be Electoral Reform Services. 5.9 In the event of any dispute arising from the application and interpretation of these

Regulations, the matter will be considered by the Appointments Committee and their decision will be final.

16 April 2015

9th Council Meeting 23 September 2015 – Notes 1

Date Wednesday 23 September 2015 at 1330

Venue Church House Conference Centre, Dean’s Yard, Westminster, London, SW1P 3NZ

Present Ann Farrell, Private Boating Representative Bob Pointing, Chair North West Brenda Harvey, Chair North Wales & Borders Brian Fender, Chair London Partnership (present in part) Charles Trotman, Country Land & Business Association Charlotte Atkins, Chair Central Shires Partnership Chloe Donovan, Co-optee, Step-Up-To-Serve Clive Henderson, Private Boating Representative Danny Brennan, Chair East Midlands Partnership David Gibson, Ramblers Association David Hagg, Chair South Wales & Severn David Kent, The Angling Trust Ivor Caplan, Private Boating Representative John Best, Chair South East Partnership John Yates, Institute of Historic Building Conservation Mark Penny, Chair North East Partnership Mike Palmer, Waterway Recovery Group Nigel Stevens, Boating Business Representative Paul Wilkinson, The Wildlife Trusts Peter Brown, Railway & Canal Historical Society Peter Hugman, Co-optee, Freight Peter Mathews, Chair West Midlands Partnership Tony Hales, Chair Trustees and Council Tony Matts, Boating Business Representative Vaughan Welch, Private Boating Representative Walter Menzies, Chair Manchester & Penine

Apologies Alison Ward, Welsh Local Government Jim Harker, Local Government Association Mark Lang, Chair All Wales Partnership Martyn Brunt, Sustrans Paul Owen, British Canoeing Rafid Al Khaddar, Society for the Environment

In attendance Trustees Allan Leighton Ben Gordon Frances Done Jane Cotton John Dodwell Lynne Berry


Executive Directors/Management Team Richard Parry, Chief Executive Sandra Kelly, Finance Director Stuart Mills, Property Director Vince Moran, Operations & Asset Management Director Jackie Lewis, General Counsel and Company Secretary Heather Clarke, Head of Strategy & Planning Roger Hanbury, Head of Governance Services Yetunde Salami, Assistant Company Secretary Brenda Adams, Administrator Governance Services Other Andrew Walker, Waterways Ombudsman Kevin Fitzgerald, Independent Member, Waterways Ombudsman Committee

The Council Meeting was preceded by the Trust’s Annual Public Meeting which was well attended. 1. Welcome & Introductions.

Tony Hales (TH) welcomed everyone, particularly Andrew Walker, the Waterways

Ombudsman, and Kevin Fitzgerald, an independent member of the Waterways Ombudsman Committee. TH also welcomed Sandra Kelly and Jackie Lewis, the Trust’s new Finance Director and General Counsel & Company Secretary respectively. Apologies were noted as above.

TH acknowledged that this was the last Council meeting for Vince Moran, Operations Director who would retire early in 2016. He thanked VM for his outstanding services over the last 17 years.

2. Notes of the 8th Council Meeting (24 March 2015).

The notes were agreed. There were no matters arising.

3. Appointments Committee Update Report.

Lynne Berry (LB), Chair of the Appointments Committee, introduced the paper

previously circulated. Bwrdd Glandŵr Cymru – update: LB informed members that the initial recruitment to the new Wales Board has been made. Recruitment will continue during the autumn. Proposed changes to the Trust Rules effective from March 2016: LB explained that due to the establishment of the new Wales Board and changes since the last revision of the Rules agreed by the Council in September 2014, there is the need to revise the Trust Rules. LB highlighted the recommendations set out in the draft Rules as part of the paper. The changes would be effective from March 2016, as follows:

Addition of a member nominated by the Wales Board to Council and deletion of the All Wales Partnership

Deletion of the Museums & Attractions Partnership

Change to cover circumstances where a company nominates a candidate for election to Council or is elected to Council

Additional co-optee to bring the total number of Council members back to 40

Changes to the organisations nominating Council members: Cyclists’ Touring Club


(CTC) to nominate in place of Sustrans; and Chartered Institution of Water and Environmental Management in place of the Society for the Environment

Council noted the proposed changes to the Draft Trust Rules dated 9 September 2015,

for approval during the Annual General meeting.

4. 3rd Annual General Meeting of the Canal & River Trust.

Tony Hales introduced the meeting noting that the Notice of the AGM had been

properly circulated in due time – 14 clear days before the meeting. This was agreed by the members present.

Report & Accounts Council was formally asked to receive the Report and Accounts previously circulated.

All were in favour and the Accounts were duly received. Reappointment of Trustees who retire by rotation Tony Hales proposed that the following be reappointed as Trustees following their

retirement by rotation:

Frances Done

Manish Chande

Steve Shine These appointments were unanimously agreed by a show of hands.

Revisions to the Trust Rules Tony Hales proposed that the revised Rules, as set-out in the draft dated 9

September 2015 and circulated before the meeting, be adopted to take effect in the formation of the next Council from March 2016. In discussion it was noted the make up of the Council’s membership would be regularly reviewed. The revised Rules were unanimously agreed by a show of hands.

Reappointment of Auditors TH proposed that Grant Thornton UK LLP be reappointed as Auditors, and that

Trustees be authorised to fix their remuneration Both proposals were unanimously agreed by a show of hands.

TH closed the 3rd Annual General Meeting of the Canal & River Trust at 1354 and continued with the business of the Council meeting. 5. Canal & River Trust Update.

TH noted that this was his last Council meeting as Chair of the Trust. He looked back

at his time as Chair and the progress which had been made. In the last ten years the canal network had been extended and restored, 85% of the Trust’s major assets are in excellent condition, the health and safety record had improved, the number of boats on the system had increased and there were major increases in the numbers of visitors and volunteers. A key achievement had been the creation of the Trust in a period of little more than five years from conception to inauguration. The Trust was now delivering value and benefits to the public, engaging more young people, and it has a sustainable financial model for the next 10 years. The management and staff are one team with one purpose to fulfil its vision of living waterways that transform places and enrich lives.


TH explained that formally he would retire at the end of this Council meeting and hand

over to the new Chair, Allan Leighton. He thanked all for their support over the years.

6. Chief Executive’s Update.

Richard Parry (RP) noted that there had been a full report on the last financial year at the Annual Public Meeting which preceded the Council meeting. The year had been successful and the Trust had exceeded its income target by £15m enabling increased spend on the Trust’s charitable activities. RP talked through the main achievements in the current year to date highlighting:

a successful summer media campaign with growth in visitor numbers

Friends: the total number of Friends making regular donations now stood at 14,500 Friends including 650 Friends that have signed-up since the marketing campaign

Volunteering: continued growth and 700 volunteer lock keepers working with the Trust

Winter maintenance and renewal programme: 15 open days about to be announced

Enforcement: continuing work to ensure compliance with licence terms and conditions, supported by use of restricted licenses in instances of non-compliance. It was noted that the majority of users are happy with the enforcement measures which are yielding positive results

Fundraising: the Trust is reviewing its fundraising activity in light of the recently published government commissioned review by Stuart Etherington but there were

no major concerns

Growing our Trust: the Trust’s culture transformation programme is underway and will engage over 1450 employees

A new Marketing Director will be appointed shortly In discussion it was noted that:

the classification of Site of Special Scientific Interest (SSSI) was not wholly within the Trust’s control. SSSIs are fully considered in the Trust’s Asset Management strategy

the Appointments Committee will continue to keep the number of boating representatives under review, in line with the commitment made at the September 2014 meeting, and consider whether the Rules should be changed to include a designated continuous cruiser representative. It was noted that 4 continuous cruisers have joined the newly reconstituted Navigation Advisory Group

the Trust’s fundraising costs are expected to break even this year

7. Waterways Ombudsman Scheme.

Kevin Fitzgerald (KF) introduced himself as an independent member of the Waterways Ombudsman Committee. He explained that the 3 independent members on the Committee were recruited through an open and transparent process and are more in number than the Trust’s representatives, currently Tom Franklin, Trustee, and Jackie Lewis. KF explained the role of the Committee adding that it does not have involvement in the day-to-day activities of the Ombudsman nor is it an appeals body.

Andrew Walker (AW) continued the presentation and explained that an Ombudsman is

not a consumer advocate but must be transparent and accountable in balancing issues for consumers. The Ombudsman does not formulate policies but looks at the


complaints of injustice as a result of mal-administration or unfair treatment by the Trust. The Ombudsman can only get involved when the Trust’s internal complaint process has been followed. AW gave an overview of complaints and the outcomes of his investigations:

2013/14 – 17 investigations

2014/15 – 14 investigations

2015/16 – 12 investigations to date Outcomes had ranged from apologies to compensation payments. AW explained the Waterways Ombudsman Scheme was now accredited under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (ADR Directives).

In discussion it was noted that wherever possible the Ombudsman’s recommendations

are carried out by the Trust within 20 days. It was also noted that the Trust’s Audit and Risk Committee monitors the organisation’s fair trading policy.

8. Angling Update.

David Kent (DK) introduced his presentation and explained the background to angling

on the Trust’s waterways. He stressed the importance of good habitat quality to support sustainable fisheries and acknowledged the work and achievements of the Trust’s Fisheries Team. He highlighted the benefits that angling brings to the Trust which include:

events and competitions which raise awareness of the waterways and contribute to economy – a recent competition on the Gloucester and Sharpness Canal is estimated to have contributed about £185k to the local economy

angling is an inclusive activity and a tool for tackling anti-social behaviour

a major resource for volunteering Looking ahead, DK described three key developments that are helping to shape angling

on the Trusts waters:

Fisheries & Angling Action Plans

Fisheries & Angling considerations as part of project environmental appraisal

Fisheries & Angling as an educational tool for young people In conclusion, DK highlighted the need to continue to develop communication between the Trust, angling groups and other users. Members discussed the presentation and in response to various queries, RP explained that

CRT Code of Conduct sets out the conduct for all users

an events calendar would be considered to improve co-ordination between angling and other activities

a younger person could be included on the National Angling Advisory Group TH thanked DK for the presentation.


9. Using planning to protect and enhance the waterways and surrounding area. Heather Clarke (HC) commenced her presentation with a brief explanation on the

Trust’s three principal roles in the planning system – statutory consultee, delivery and influencer. HC explained that the role of statutory consultee is an important means for the Trust to protect our waterways and their corridor from inappropriate development and to secure investment into the waterways from third party planning application consultations. Ninety-six percent of waterside land along our network is in third party ownership and control. HC stated that the Trust seeks to minimise or remove risks, liabilities and burdens upon our infrastructure. Estates, Boating and Utilities teams are alerted where necessary. HC explained that the Trust has a statutory duty to respond to third party planning application consultations received within 21 days. It also has a statutory duty to report on performance and has met or exceeded the Government’s annual performance targets set for statutory consultees. The Trust’s approach is to engage and negotiate and thus only objected to 2% of the applications. It was noted that the Trust is also a national consultee for significant national infrastructure projects. HC presented some examples of acting in our capacity as applicant, developer and investor to support a wide range of income generating, core charitable and operational activities. The planning team has secured 144+ planning permissions, maintaining a track record of 99% success since 2009. HC explained the Trust is engaged in influencing planning policy at the different spatial levels, from national to neighbourhood level in order to create a supportive policy environment for waterways and to support our different income generating, core charitable and operational activities. The Trust engages with 179 Local Authorities and our waterways go through 900+ Parish, Town and Community Councils in England and Wales. HC explained that “it is not just about the results but how we do it” and outlined eight key principles as well as the key challenges and opportunities arising from the continually evolving planning systems in England And Wales In discussion, members noted that there is a remarkable transformation in this area since the Trust was formed and agreed that all should support the Trust’s work to guide and protect the waterways. It was agreed that Partnerships’ members should work with HC’s team to engage with the Local Planning authorities and Parish Councils and that an action plan to achieve this will be worked out by HC and Partnership chairs.

10. Future Agenda Topics. Tony Hales asked Council members to suggest topics for consideration at future

meetings. The following were suggested:

Presentation on the Trust’s big schemes

Heritage

Youth Engagement

Further update on statutory consultee

The full meeting presentation can be found here.

https://canalrivertrust.org.uk/media/thumbnail/24363-full-council-presentation-23-september-2015.pdf


11. Close of Meeting. In bringing the meeting to a close, TH noted that this would be the last meeting of this

Council. He thanked all members for their many and varied contributions as members of the first Canal & River Trust Council. The meeting closed at 1637.

12. DATE OF NEXT MEETING – PLEASE NOTE CHANGE OF DATE

Tuesday, 8 March 2016, in Liverpool, venue to be advised.

Roger Hanbury/Yetunde Salami 28 October 2015

Council Meeting 23 September 2015: Appointments Committee paper including Draft Rules dated 9 September 2015 1

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1.0 Bwrdd Glandŵr Cymru – update.

Following the decision at the March 2015 Council Meeting to form the new Bwrdd Glandŵr Cymru, as a successor body to the All Wales Partnership, the Appointments Committee has made the first appointments to the Board. The positions were advertised on the Trust website. Social media and informal networks were used to disseminate the opportunity. Shortlisted applicants were subsequently interviewed by a panel drawn from the Committee. Bwrdd Glandŵr Cymru is chaired by Lynne Berry and will meet for the first time in September. The new Board will build on the work of the All Wales Partnership which closes at the end of September. The initial appointments are listed in Annex 1. Recruitment will continue through the autumn to complete the membership of the Board. Subject to approval of the revised Rules (as below), members of Bwrdd Glandŵr Cymru will be asked to nominate a member to join the Council from March 2016.

2.0 Proposed changes to the Trust Rules effective from March 2016.

2.1 Background

Changes to the Trust Rules are now necessary following the decision to form the new Bwrdd Glandŵr Cymru, and to reflect changes since the last revision agreed by the Council in September 2014.

2.2 Process

The following sets out the steps in making changes to the Rules:

i. Under Article 27.2 the Appointments Committee has a role in considering stakeholder representation on the Council and has a remit to consider whether the Rules provide for such representation.

ii. Under Article 11.1 Council may, on the recommendation of Trustees, make, repeal or alter the Rules as they see fit for the governance of the Trust.

The purpose of this paper is to set out the changes which the Appointments Committee considers necessary. These changes have been considered by Trustees and have their recommendation for approval by the Council.


3.0 The Changes

The proposed changes are highlighted on the attached draft, Annex 2. The commentary below provides more detail:

3.1 Wales

A new Wales nominee on the Council is proposed as part of the agreed proposal for a new Wales Board - Bwrdd Glandŵr Cymru (1.1.1; 1.2; 1.11)

Proposed deletion of the All Wales Partnership These changes follow from the formation of the new Bwrdd Glandŵr Cymru. 3.2 Museums & Attractions

Proposed deletion of the Museums & Attractions Partnership (1.2; 2.1)

This follows management changes made at the end of 2014. Consideration is being given to a new expert Advisory Group, modelled on the other national Advisory Groups to support the museums and attractions.

3.3 Council membership

Proposed changes to the Rules to cover circumstances where a company nominates a candidate for election to Council or is elected to Council (1.16, 1.17)

This measure is a “housekeeping” measure to cover circumstances which could arise in the elections, now or in the future.

3.4 Co-options

A proposed additional co-optee to bring the total number of Council members back to 40 (1.2)

This gives us a round figure for easy reference but there is no obligation on the Appointments Committee to appoint except where there is an agreed need.

3.5 Nominated members

Two changes are proposed to the organisations nominating Council members following a review of attendance and the balance of interests represented on the Council.

Cycling nominee Sustrans were invited to nominate a member to the current Council because of their involvement in towpath renewal and thereby cycling. However, some of the most pressing issues are now about management of cyclists and it is therefore proposed that the Cyclists’ Touring Club (CTC), a national cycling organisation, should nominate a member for the next Council in place of Sustrans

Professional environmental nominee Society for the Environment was invited to nominate a member for the first Council to represent the sector. The voluntary sector is represented by The Wildlife Trusts. Society for the Environment is an umbrella body for a number of environmental institutions of which the most relevant to the Trust is the Chartered Institution of Water and Environmental Management (CIWEM). CIWEM is also the professional institution for a number of our employees working in environment and engineering. It is therefore proposed that CIWEM should nominate a member for the next Council in place of the Society for the Environment.


These proposed changes have been discussed with the organisations involved and can be implemented if agreed by the Council.

4.0 Recommendation.

The Council is asked to note this paper and the changes to the Rules which are for agreement at the Trust AGM.

September 2015 ENDS


ANNEX 1

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Chair: Lynne Berry, OBE, Trustee Lynne Berry is chair of Breast Cancer Now and the Commission on the Voluntary Sector and Ageing; a professor at Cass Business School, a Visiting Fellow at Cardiff University and sits on the FT’s NED Advisory Board. Previous appointments include CEO of WRVS, the Charity Commission, the General Social Care Council, the Equal Opportunities Commission and the Family Welfare Association. Lynne is Welsh and was brought up near the Pontcysyllte Aquaduct and undertook post graduate work at Cardiff University.

Members:

Dr Ruth Hall, CB Ruth is a non-executive director of Natural Resources Wales, a National Trust Council member and a governor of Wales’ Public Policy Institute. She was Chief Medical Officer for Wales until 2005 and is currently chair of the mid-Wales Healthcare Collaborative. Ruth has been on NICE’s Public Health Advisory Board since 2005. Ruth was a member of the Trust’s All Wales Partnership.

Carys Howell Carys Howell is a trustee of the cycling charity Pedal Power and was External Affairs Manager for the National Trust in Wales and previously worked for the BBC in East Anglia as a producer and broadcaster and a member of the Heritage Lottery Fund Committee for Wales.

Peter Ogden, BSc, MRTPI Currently Director of the Campaign for the Protection of Rural Wales, having previously been Planning Policy Manager for the Snowdonia National Park Authority. Also a Member of the World Commission on Protected Areas, Chairman of the Brecon Beacons Trust and a Board member of EUROPARC Atlantic Isles.

Dr Helen Paterson Helen is the Chief Executive at Wrexham County Borough Council. She was previously Strategic Director for Transformation and prior to that Executive Director of Children’s Services in Sunderland. Helen was a member of the Trust’s North Wales & Borders Partnership.


Duncan Smith Chief Officer at Torfaen County Borough Council having responsibility for Neighbourhoods, Planning and Public Protection. He is a Chartered Town Planner with a range of experience across local government over a 38-year span with a particular interest in regeneration.

Philip Thomas Philip has a Masters in Ethnomusicology and is a Project Associate for the Young Foundation, working on a Citizens Driven Health project for the Welsh Government. He previously worked for Age Cymru as artistic director of the Gwanwyn festival of arts. Summer 2014 saw the publication in various formats of his first children’s book.

Paul Thomas Paul is Business Manager with Cardiff University and heads up the University Knowledge Transfer Partnership and has extensive contact with Welsh Government, local government, leading academics and industry. He is also a Magistrate and works in a training capacity with the University Royal Naval Unit. He grew up and was educated in South Wales and now lives in Cardiff


ANNEX 2

Canal & River Trust

DRAFT Rules for agreement by Council 23 September 2015 To take effect from 1 March 2016

This draft dated 9 September 2015

1. The Council 1.1 For the purposes of Article 29 of the Articles of Association of the Trust the Council shall

comprise the “A Members” of the Trust who, subsequent to the initial appointment under Article 29.1, shall be:

1.1.1 those individuals who are nominated or elected in accordance with procedures

determined from time to time by the Appointments Committee to reflect different stakeholder bodies or electorates interested in the Trust’s affairs, namely:

(a) Private boating (b) Boating business (c) Volunteers registered with the Trust (d) Friends of the Trust (e) Supporters such as walkers, anglers, cyclists, neighbours (f) Employees (g) Inland Waterways Association (h) Historic environment (i) Natural environment (j) Wales (k) Local government

1.1.2 the Chair of each Waterway Partnership appointed pursuant to Rule 2, who shall be a Council member ex officio; and

1.1.3 those individuals appointed to serve on the Council by the Appointments Committee

to provide skills, experience or outlook required by, or beneficial to, the Council or to reflect interests and activities that are otherwise absent on the Council, provided that the Council members appointed pursuant to this Rule 1.1.3 may not comprise more than 10% of the Council.

1.2 Detail of composition of Council

Constituency Elected Nominated Total

1. Private boating# 4* 1 5

2. Boating business 2 2

3. Volunteers 1 1

4. Friend of the Trust 1 1


5. Other elected members, constituencies to be identified by Appointments Committee at future date(s)

3 3

6. Employees 1 1

7. Inland Waterways Association

1 1

8. Other supporters – walkers, anglers, cyclists, neighbours, etc#

4 4

9 Historic environment# 2 2

10 Natural environment# 2 2

11. Local government# 2 2

12 Wales 1 1

13. Partnerships Chairs (11 Waterway)

11 ex-officio

14. Co-options 4 4

INITIAL TOTAL 12 17 40

# The following organisations nominate members of the Council

Constituency No Nominating Organisations

1. Private Boating 1 British Canoeing

8. Other supporters – walkers, anglers, cyclists, neighbours, donors, etc

4 Sustrans replaced by Cyclists Touring Club (CTC)

Ramblers Association Angling Trust

Country Land & Business Association

9 Historic Environment

2 Institute of Historic Building Conservation Railway and Canal Historical Society

10 Natural Environment

2 Society for the Environment replaced by Chartered Institution for Water and

Environmental Management (CIWEM) The Wildlife Trusts

11. Local Government 2 2 members to represent local government drawn from riparian local authorities in

consultation with Local Government Association and

Society of Local Authority Chief Executives

12 Wales 1 Bwrdd Glandŵr Cymru

1.3 Private Boating:

1.3.1 4 members to be elected from the Trust’s database of holders of relevant consents as defined in the British Waterways Act 1995 (‘licences’) on the basis of one vote per licence

1.3.2 *Provision for an additional elected member may be made if the Appointments

Committee considers there has been a substantial growth in the number of licensed vessels


1.3.3 1 member representing boat users not individually licensed nominated by British

Canoeing 1.4 Boating Business:

2 members to be elected from the Trust’s database of businesses that are: 1.4.1 a Trust-licensed commercial operator; 1.4.2 party to a marina connection agreement with the Trust; or 1.4.3 a tenant of the Trust operating in the marine trade; on the basis of one vote per business.

1.5 Volunteers: One member to be elected from the Trust’s database of registered volunteers. 1.6 Friends: One member to be elected from the Trust’s database of Friends.

1.7 Other Supporters: One member each to be nominated by:

1.7.1 Country Land & Business Association 1.7.2 Sustrans 1.7.3 Ramblers Association 1.7.4 Angling Trust

Appointment by election of any of the members representing supporters may be

implemented once the Appointments Committee considers suitable database(s) are available for use as an electorate. Additional members representing additional categories of supporters may be provided for whenever the Appointments Committee considers appropriate, subject to the requirements of the Articles.

1.8 Employees:

One member to be elected from paid employees of the Trust, excluding Executive Directors who may not vote or stand for election.

1.9 Historic and Natural Environment:

One member nominated by each of the following organisations: 1.9.1 Institute of Historic Building Conservation 1.9.2 Railway & Canal Historical Society


1.9.3 Society for the Environment 1.9.4 The Wildlife Trusts

1.10 Local Government: Two members to be nominated by local authorities adjoining waterways in consultation with

the Local Government Association and the Society of Local Government Chief Executives 1.11 Wales: One member to be nominated from the membership of Bwrdd Glandŵr Cymru. The Chair

of Bwrdd Glandŵr Cymru shall not be eligible for nomination 1.12 Inland Waterways Association: One member to be nominated by the Inland Waterways Association.

1.13 Composition and methods of appointment to the Council shall be reviewed at least every

seven years. 1.14 Election of elected Council members shall be by proportional representation (rather than

by simple majority) whenever the number of candidates for any one or more elected positions to be chosen by votes from within the same electorate exceeds the number of positions to be filled by three. The electoral method to achieve proportional representation shall be Single Transferable Vote or such other method as the Appointments Committee considers is fair and proportionate. The Appointments Committee may prescribe detailed regulations for the conduct of any election of Council members, or such elections generally, provided such regulations are not inconsistent with company law, the Trust’s Articles or these Rules.

1.15 Elections for the existing constituencies from which Council members are to be elected

shall be held in March 2016 and in March of every fourth year thereafter. In order to enable the election of Council members from new constituencies, or from existing constituencies where appointment by election has been implemented after 1 March 2016, additional elections may be held, at the discretion of the Appointments Committee, in March 2018 and in March of every fourth year thereafter.

1.16 Any organisation (meaning a company, partnership, unincorporated association or other

collection of two or more people) which is eligible to stand for election sponsor candidates and/or vote in any of the elections of Council members must nominate a person to exercise that organisation’s rights and must notify the Trust in writing of that nomination no later than the date specified for nominations for the election to close in any regulations made pursuant to Rule 1.14 for the conduct of the election in question

1.17 Any organisation (having the same meaning as in Rule 1.16 above) which is elected as a member of the Council must nominate a person to represent that organisation at Council meetings, and must notify the Trust in writing of that nomination not less than 5 working days before the first Council meeting following the organisation being elected. If the organisation subsequently wishes to nominate a different person to represent it at a Council meeting, then the organisation must notify the Trust in writing of that nomination not less than one working day before the Council meeting in question.

1.18 In accordance with Article 29.8 Council members shall serve for a term of four years.

Eligibility for reappointment shall be as provided in that Article.


1.19 For the purposes of Article 29.7.6 of the Trust, where

1.19.1 a Council member fails to attend three meetings of Council in succession; or 1.19.2 a Council member is persistently disruptive to Council business; or 1.19.3 for any other substantial cause the continued membership of the Council of that

person is significantly detrimental to the reputation of, or the proper conduct of the business of, or the achievement of the purposes of, the Trust

then on application by the Trustees to the Appointments Committee that Committee may terminate the membership of that person. If the person so removed objects to that removal he or she may require the Council at its next meeting after the removal (which shall be constituted as a general meeting of the Trust) to reconsider the decision of the Appointments Committee. The Council may reverse the decision of the Appointments Committee if 75% or more of the members of the Council voting at that meeting (or any adjournment of that meeting) vote in favour of reversing the decision of the Appointments Committee.

1.20 Any Council member may resign from the Council by giving written notice to the Secretary of the Trust and, where nominated, to the body or organisation that nominated that member. A Council member holding office ex officio shall cease to be a member on ceasing to hold the office from which the appointment to the Council arises and the provisions of Rule 1.19 shall not apply to any cessation of membership of the Council for that cause.

1.21 The Appointments Committee may (but is not obliged to) appoint individuals to fill any

vacancies which arise in respect of nominated positions on the Council from time to time after consultation with the nominating body. Any vacancy in any elected position on Council shall be filled by the holding of a by-election within the relevant constituency as soon as reasonably practicable but (to allow where convenient for by-elections for more than one vacant position to be held at the same time) may be held at a time up to six months after the vacancy arising. Any person elected under this Rule 1.21 shall hold office for the remainder of the term which would have been served by the original nominated person. If it is anticipated that a general election of all the elected positions on Council will take place within eight months of the vacancy arising, no by-election need be held.

1.22 The decisions of the Council shall not be invalidated by any vacancies which may have

arisen on the Council and Article 54 (Irregularities) shall apply to the Council and its decisions.

1.23 The Council shall meet at least twice each year. One meeting shall be the Annual General

Meeting. Other meetings of the Council need not be formally constituted general meetings convened in accordance with the Companies Act and the Articles, unless the business to be transacted at the meeting is required by company law, the Articles or these Rules to be conducted at the Annual General Meeting or at a general meeting of the company. If a meeting of the Council is not a formally constituted general meeting, the requirements of the Articles relating to proxies shall not apply.

2. Waterway Partnerships 2.1 There shall be 11 Waterway Partnerships, whose boundaries may be determined by the

Trustees from time to time. 2.2 The number of Partnerships and the overall territories or functions to which they relate may

be changed from time to time by the Trustees with the agreement of the Appointments Committee.


2.3 Waterway Partnerships shall be advisory groups established to champion the sustainable operation and development of the waterways; to encourage and enable wider engagement; to guide and support planning, management and operations for the benefit of all, including local communities, business, environment, heritage, user and other special interests.

2.4 The first Waterway Partnership Chairs shall be the individuals appointed to such office by

the Transitional Appointments Committee prior to the adoption of the first Rules by the Trust on 20 March 2013.

2.5 Thereafter, Partnership Chairs shall, through open competition including advertisement in

relevant media, be appointed by the Appointments Committee for a term normally of 3 years but may be of a longer (not exceeding 4 years) or shorter term as the Appointments Committee with the agreement of the Trustees decides. Partnership Chairs shall take office immediately on appointment, or on such later date as the Appointments Committee may specify when making the appointment. If at the end of the first appointed term of a Partnership Chair, the Appointments Committee is satisfied with the annual appraisals of that Partnership Chair, the Appointments Committee may, with the agreement of the Trustees, appoint that Partnership Chair for a further term normally of 3 years but may be of a longer (not exceeding 4 years) or shorter term as the Appointments Committee with the agreement of the Trustees decide.

2.6 Partnership members shall be appointed by the relevant Partnership Chair but shall not

take up office until their appointment is ratified by the Trustees. Appointment of Partnership members shall be undertaken with the aim that the Partnership has a fair and broad representation from a range of interests relevant to the Partnership in question, without any one dominating interest group. Such appointments may be for such term (not exceeding 4 years) as may be approved by the Trustees and any person shall be eligible for re-appointment.

2.7 Partnership members and Chairs may be removed before the expiry of his or her term of

appointment by the Trustees or, in the case of Partnership Chairs, by the Appointments Committee, where the Trustees or the Appointments Committee (as the case may be) consider it is in the interests of the effective achievement of the purposes of the Trust that such Partnership member or Chair be removed. A Partnership member or Chair whose removal is being considered by either the Trustees or the Appointments Committee (as the case may be) shall be afforded the opportunity to make representations to the body considering the removal before a final decision is made. The provisions of the last two sentences of Rule 1.19 shall apply to any removal of a Partnership Chair by the Appointments Committee.

2.8 Every Waterway Partnership shall hold at least one meeting in each year to which members

of the general public shall be invited. ENDS

Council meeting 23 September 2015 – Waterways Ombudsman Scheme 1

PAPER TO CANAL & RIVER TRUST COUNCIL – 23 SEPTEMBER 2015 The Waterways Ombudsman Scheme by Andrew Walker, Waterways Ombudsman & Kevin Fitzgerald, Independent Member of the Waterways Ombudsman Committee 1.0 Background The first Waterways Ombudsman was appointed under a voluntary scheme by British Waterways (BW) in 1993. A Waterways Ombudsman Committee was first appointed in 2005. There was a significant revision of the Ombudsman’s terms of reference, after which full voting membership of the then British & Irish Ombudsman Association (now shortened to Ombudsman Association, or OA) was successfully sought by Andrew’s predecessor, Hilary Bainbridge. This means that the Waterways Ombudsman is approved by the OA as a full Ombudsman member rather than a Complaint Handler Member. Hilary’s term of appointment ended in 2012, at about the same time as BW transferred its functions to Canal & River Trust (CRT). The last act of the Committee then in place was to appoint Andrew Walker as Hilary Bainbridge’s successor. With Andrew in post the Waterway Ombudsman service continued to operate during a period of transition as the new Trust became established following the transfer from BW. 2.0 The Ombudsman Committee - Remit. The key roles of the Committee include the appointment of the Ombudsman, ensuring that the scheme meets its purpose and funding of the scheme is adequate, as well as publishing an annual report. The Committee has no role in the Ombudsman’s decisions and cannot consider any appeal against a decision. After a period of inactivity, a new Waterways Ombudsman Committee was appointed in late 2014. The Rules of the Scheme require a majority of independent Committee members, one of whom must be the Chair. Three new independent members were recruited following advertisement and open competition. All are volunteers. At the first meeting of the Committee in February 2015, Steve Harriott, independent member, was appointed as the new Chair. There are currently five members, three are independent and two are appointed by CRT. The rules provide for up to six members. The current members are:

Steve Harriott, Chair, Independent Kevin Fitzgerald, Independent Jenny Murley, Independent Tom Franklin, CRT Trustee Jackie Lewis, CRT General Counsel

Council meeting 23 September 2015 – Waterways Ombudsman Scheme 2

3.0 Validation. In 2014, the OA went through a process of revalidating all schemes. On the basis that steps were being taken to reappoint a Committee, the OA renewed the Scheme’s full Ombudsman approval. 4.0 Alternative Dispute Resolution Regulations. On 9 July 2015, what are known in short as the ADR Regulations (Alternative Dispute Resolution) came into force by way of a Statutory Instrument. The Regulations transpose into law the EU ADR Directive. In short, they expand the role of ADR into more consumer market sectors, and require anybody providing dispute resolution services to meet a range of criteria and to be approved by a Government-appointed Competent Authority. For the Waterways Ombudsman Scheme, the Competent Authority is the Chartered Trading Services Institute. Approval was granted on 20 August and lasts for 12 months. All schemes will need to go through an annual approval process. 5.0 Workload. In terms of the volume of work, in a typical year Andrew receives around 60 enquiries relating to CRT, about issues ranging from continuous cruising to mooring fees to leakage from canals onto farmland. Between 15 and 20 of these enquiries result in him opening an investigation. The most common reason for not accepting a complaint for investigation is that CRT’s internal complaints process has not been completed. 6.0 Presentation. At the Council meeting, Andrew and Kevin will be able to provide further detail on how the Ombudsman Scheme works and the nature of the work they undertake. Andrew Walker & Kevin Fitzgerald September 2015

Council meeting 23 September 2015 – Angling Update 1

1.0 Introduction. At the meeting, David will give a presentation on the current issues relating to angling on the Trust’s waters from the perspective of the Angling Trust. This paper sets out the scope of the presentation to the Council meeting. 2.0 Some principles

In his presentation, David will touch on the Trust’s responsibilities under the Transport Act 1968; the need for effective professional fisheries management to support sustainable fisheries; the importance of fisheries and angling input to environmental appraisals to ensure a joined-up approach to waterway management, and the key role of engagement with angling clubs to build confidence with customers and widen participation. 3.0 Fishery & Angling Action Plans Looking ahead, he will outline the Fishery & Angling Action Plans which are welcomed and form part of waterway Business Plans. These have been developed with the involvement of anglers from the outset and supported by the Trust’s Fisheries & Angling team. The Plans cover 10 themes which have all been embraced by waterways.

4.0 National Angling Advisory Group David Kent chairs the National Angling Advisory Group which provides advice to the Trust’s Executive. Topics discussed include angler conduct, education, participation, competitions, habitat and ecology and review of the Standard Angling Agreement which sets out roles and responsibilities for both customer clubs and the Trust.

5.0 The Benefits of Angling The benefits of angling for the Trust are significant and include inclusivity, crime reduction, profile raising for the Trust, a substantial volunteer resource, contributions to the local economy, and opportunities for engagement through education. Angling provides an excellent way of introducing people to the waterways, as well as learning about habitat management, fish welfare and appreciation of the rights of members of society.

September 2015 ENDS

Council meeting 23 September 2015 – Using Planning to protect and enhance the waterways and surrounding areas 1

1.0 Introduction

At the meeting I will give a presentation on the topic of using planning to protect and enhance the waterways and their corridors. The purpose of this paper is to provide a brief overview of why the planning system is important; how we currently interface with the planning system; and the challenges and opportunities presented by the planning system. 2.0 Why is the Planning System Important?

Our waterways are important historic, natural and cultural assets forming part of the strategic and local green infrastructure network. Many urban waterway corridors are the focus for economic and housing growth, regeneration and renewal. However, 96% of waterside land along our network is in third party ownership and control. It is not just about the activities of the Trust that impact upon the waterway infrastructure and the character, appearance and use of the waterway corridors but primarily the activities of third parties – the other 96%. The Planning System is the principal means for the Trust to:

influence use, form, appearance and accessibility of third party development

safeguard the safety and structural integrity of waterway infrastructure and the safety of users and neighbours

minimise risks, liabilities and burdens upon our infrastructure

protect the heritage, natural environment and landscape character of our waterways from inappropriate development

secure improvements and investment into our infrastructure, facilities and environs; and

create places and opportunities for local communities to access, use and enjoy our waterways

3.0 How do we currently use/interface with the Planning system?

At the meeting I will use examples to explain:

the Trust’s role as statutory consultee for third party planning applications, including the importance of our status, how we operate, the political and practical challenges

how the Trust secures investment into the waterways through the planning process; and

how the Trust uses the planning system to support a wide range of income generating, core charitable and operational activities


Appended to this report are some examples illustrating our role as statutory consultee for third party planning application consultations received from local planning authorities and our delivery role in the planning system (acting in our capacity an applicant, developer and investor).

4.0 Working within the Planning System – the Current and Future Challenges &

Opportunities

The planning systems in England and Wales are continually subject to reform, responding to changes in Government policy objectives as well as market conditions. This evolving external planning environment affects how we operate now and in the future. It presents the Trust and our waterways with threats and challenges but also opportunities. It is important that we do not just look at the opportunities presented solely in terms of our roles as statutory consultee and applicant but the wider influencing, ambassadorial and advocacy roles which are vital for the Trust in growing our brand, and the public profile and support of our waterways. At the meeting I will outline:

Implications of the external factors such as: o HM Treasury’s proposals to relax planning system in order to stimulate economic

growth and housing supply o New Welsh Planning Act o Greater Devolution in Wales and the introduction of devolved powers in English

cities o LAs being placed under immense financial pressure o Impact of Government’s Infrastructure Investment Plans o Growing momentum of Neighbourhood planning

How waterways are currently viewed and supported by policy and plan makers and decision makers at different spatial levels – what we need to do; what we could do better; and

Where we are currently focusing our resources, where do we need to focus, the important role of the Partnerships, working closer with key policy informers and interested stakeholders (who are our ears and eyes)

5.0 How can the Planning System be most effectively used to deliver our strategic

priorities and local ambitions?

At the Council meeting there will be opportunity for discussion on “What else can be done? Where are the gaps, risks and opportunities? How can Council members help?” 6.0 Conclusion

Good planning and design have an important role to play in contributing to our charitable objectives and the future sustainability of our waterway network along with a range of other skills and capabilities.

Heather Clarke September 2015


APPENDIX OUR DELIVERY ROLE IN THE PLANNING SYSTEM 99% Success Rate in Securing Consents

Income Generation

Enhancing Income from Commercial Boating Business

Supporting Directly Managed Moorings Team in securing new and retrospective planning permissions and CLEUDs for online residential moorings. Eg. regularising unlawful use of Willow Wren mooring site which was being used for residential purposes without permission thus safeguarding existing income stream of £50k per annum enabling operational and commercial cap i ta l t o be inves ted i n th e p lanned maintenance works.

Improving Customer Experience & Supporting Charitable Objectives

Increasing Use & Activity & Improving the Customer & Visitor Experience

E.g Secured planning permission to convert an underutilised property into a small Waterway office and Burgeddin Canoe Centre, safeguarding £3k rental income per annum to the Trust and increasing use of the Montgomery Canal for paddle sports.

E.g. Gailey Reservoir – secured planning permission to increase authorised use of reservoir for fishing from 10 to 45 anglers and create new car park.

Improving Navigation Safety Securing planning permissions to support the use, safety and navigation of our waterways. E.g. Doghead Stakes Weir on the Kennet & Avon Canal - installation of a new permanent weir structure, a fish pass to comply with EA requirements and a weir boom.

Recouping Bridge Strike Repair Costs Securing planning permissions to install CCTV bridge at Caunsall near Kidderminster to record frequent vehicle strikes to listed bridge which acts as a deterrent and aids prosecution enabling the Trust to recoup the cost to repair damage caused by bridge strikes, saving the Trust £16-30k in repair costs per strike. Historically there have been 3 to 5 per annum. The Trust used to be only able to recover half through insurance but the Trust should be able to recover all through bridge strike detection.

Canal Restoration & New Waterway Links Safeguarding the line within statutory local plans and securing and implementing planning permission for the Trust canal restoration schemes and new waterway links and provide advice to canal restoration societies and others. E.g. Liverpool Link.

Supporting Fundraising D e v e l o p i n g a r a n g e o f products in re lat ion to “In

Memoriam Giving” that are acceptable in design, heritage and environmental terms and securing planning permissions f o r b e n c h e s a n d advertisement for campaigns.

Enhancing Land Values & Delivering Capital

Receipts from Property Development Securing site allocations and planning permissions for development sites and area based regeneration schemes within our growth portfolio. E.g. Icknield Port Loop - Secured planning permission for redevelopment of 22.4 hectares of land for up to 1150 new dwellings and commercial space, with 50% of land being within the Trust’s ownership.

Supporting Our Joint Ventures Undertaking masterplanning, waterspace planning and design work, securing and implementing planning permissions for pipeline of development sites within the joint venture portfolios. E.g. the Waitrose Store, Assisted Living Apartments and 40 berth Marina at Hayhurst Quay, Northwich.

Restocking the Growth Portfolio & Building the Income Portfolio

Undertaking planning due diligence to enable the acquisition of new investment properties and undertaking site capacity studies and planning due diligence to support the acquisi t ion of land with redevelopment potential. E.g. Tysley.

New Income Streams Supporting Estates and Utilities Teams in developing new income streams e.g. advertisement business.


OUR ROLE AS STATUTORY CONSULTEE FOR PLANNING APPLICATIONS Annually Meeting or Exceeding the Government’s Performance Targets for Statutory Consultees

Protecting Our Assets from Inappropriate Development & Removing & Mitigating Potential Liabilities

Consequences of LPA Failure to Consult the Trust Third party planning application for development on side of

former Caledonian Mill, adjacent to Caldon Canal where the Council failed to consult (BW) as Statutory Consultee.

Nationally Significant Infrastructure Projects Fulfilling theTrust’s statutory obligations as a nationally defined consultee for planning application consultations under Town & Country Planning Act and the Development Consent Order regimes E.g. applications for nationally significant infrastructure projects such as HS2 Phases 1 and 2.

E.g. Biomass Fuelled Generating Station at Pollington, negotiated creation of new canal wharf for off-loading and transportation by canal of up to 360,000 tonnes per annum of biomass fuel and the use of water from A&C for cooling.

Preventing Potential Liabilities E.g. Our formal objection at Wilstone Reservoir was upheld at Planning Appeal and High Court Ruling, where the Planning Inspector dismissed the appeal and stated “it would be wholly wrong of me to grant

planning permission for the proposed gypsy and traveller site as the costs of upgrading would fall on BW and that would be unreasonable and grossly disproportionate”. It was estimated that if our objection had been dismissed it would have cost £250k+ to upgrade the reservoir.

Protecting Our Assets E.g. Negotiated with third party applicant to secure deck repairs and new parapet wall to Bridge 14 and installation of traffic lights to Bridge 15 plus new access route onto towpath, improvements to Trust owned car park access as part of the development of Arla East in Aylesbury. Total estimated value of works secured was £187k. Both bridges 14 and 15 have been subject to regular bridge strikes due to no forward visibility and skewed alignment, with one strike costing £30k to repair.

Optimising the Planning Contributions (Financial & “In Kind”) for the Benefit of Waterways

Securing Planning Conditions & S106 to improve Asset Condition

E.g. Section 106 for towpath improvement works, Isis Lock to Walton Well Road, Oxford Canal – financial contribution of £120k secured and received towards upgrading 750m section of towpath surface

Securing Planning Conditions & S106 to enhance the Customer Experience

E.g. Creation of new moorings as part of the development of Abbot’s Wharf, Limehouse Cut, London

Identifying Impacts upon our Property Rights & Wayleaves Alerting other business areas (Estates, Utilities, Boating etc) regarding potential impacts upon the Trust’s property rights and wayleaves and potential new commercial opportunities arising from third party application consultations. E.g. Branston Lock where there will be a road bridge and two pedestrian bridges over the canal, some services over the canal via the road bridge, and a potential discharge of surface water to the canal, a sewer under the canal, plus potential scope for visitor mooring

Supporting Canal Restoration E.g. Safeguarded the route and secured £2.345 million canal re-instatement works to Lapal Canal as part of the redevelopment of the Former Battery Park site in Selly Oak.

Living waterways transform places and enrich lives

WELCOME

Agenda

1330 Welcome, Introductions and Apologies – Tony Hales, Chairman

Notes of previous meeting, matters arising

Appointments Committee Report – Lynne Berry

3rd Annual General Meeting of Canal & River Trust

Canal & River Trust Update – Tony Hales and Richard Parry

Waterways Ombudsman Scheme-Andrew Walker & Kevin Fitzgerald

Angling Update – David Kent

1530 TEA

Planning to protect and enhance the waterways– Heather Clarke

Future Agenda Topics

1630 Close of Meeting


Lynne Berry

Chair

Appointments Committee

Agenda - AGM

3rd Annual General Meeting of Canal & River Trust

1. To consider the accounts to 31 March 2015, Trustees’ report and Auditors’ report

2. Trustee re-appointments by rotation – Frances Done

– Manish Chande

– Steve Shine

3. To agree revisions to the Trust Rules, draft dated 9 September 2015 effective from March 2016.

4. To re-appoint Grant Thornton UK LLP as auditors and to authorise the Trustees to fix their remuneration.


Tony Hales

Chair

Richard Parry

Chief Executive

1. Expanded the navigation

2. Overall condition improved - major assets

3. Safer working conditions

4. More boats

5. More visitors

6. More volunteers working together

7. More education and youth activity

8. Created the Trust - owned by communities - it works

9. Sustainable financial model

10. One team - one purpose


Andrew WalkerWaterways Ombudsman

Kevin FitzgeraldIndependent Member

Ombudsman Committee

9

Senior Management Briefing26 May 2010

Presentation to Canal & River Trust

Council meeting 23 September 2015

Andrew Walker/Kevin Fitzgerald

10

An Ombudsman is…

• An independent and impartial way of resolving disputes outside the courts

• Fair and reasonable

• Impartial, unbiased

• Independent

• Proportionate

• Transparent

A bit about me

• Based in Altrincham, Cheshire

• Part-time, home-based

• 13 years working for regulators

• Telecoms Ombudsman – 4 years

• Waterways Ombudsman since Nov 2012

11

The Waterways Ombudsman

Committee• 5 members (can be up to 6)

• Majority independent

• Independent Chair

• Appoints Ombudsman

• Ensures scheme meets its purpose

• Ensures Ombudsman independence

• Ensures adequate funding

12

13

What can I do?

• Consider complaints about injustice suffered as a result of maladministration or unfair treatment by CRT

• First step - is the complaint in jurisdiction?

• Are there any reasons NOT to accept it?

– 5 grounds for refusal – 2 key ones• Internal Complaint Process not complete

• Complaint is out of time

14

Once I am involved…

• I ask for all relevant papers/records from both parties

• I may request further information as my investigation progresses

• I may talk to, and if necessary meet, either party

• My investigation will be thorough but it will not be exhaustive

• I will consider all relevant aspects, such as the law, usual practice, previous cases

• “Balance of probabilities”

• “Fair and reasonable”

Complaint issues

• Few or no clear themes

• 2013-14 – 17 investigations, 16 topics

– 15 boating, 2 not boating

• 2014-15 – 14 investigations, 14 topics


• 2015-16 – 16 investigations, 14 topics (so

far)


15

16

Complaints over the past 10 years

17

Complaints by outcome

The Alternative Dispute Resolution for Consumer Disputes

(Competent Authorities and Information) Regulations 2015

• Better known as the ADR Regulations

• Transposition of EU ADR Directive

• Main changes:

– broaden ADR access to consumers in EU

Member States

– set minimum standards

– ADR annual approval process (Waterways

Ombudsman approved on 20 August 2015)

18

Impact of ADR Regs on

Waterways Ombudsman• Clearer definitions on jurisdiction/eligibility

• Some reasons for refusing complaints

removed

• Longer time periods to submit complaints

• Must complete investigations in 90 days

(except where complex)

• Remedies now binding

19

20

• Committee engagement with stakeholders

• Feedback/customer engagement

Work in progress

A Personal View

by David Kent

September 2015

Transport Act 1968

Classification of the

Waterways Section 104:

The waterways referred

to as cruising waterways

are to be principally

available for cruising,

fishing and other

recreational activities.

And how can we ensure the Trust meets its inherited

obligation?

Without professional fisheries management, angling

won’t exist. You can’t have angling without a fishery to

support it. It means making fishing readily available

where realistically possible across the network and to do

that there is a need for:

• An appropriately resourced national team of Fisheries & Angling experts to

take the lead

• This national team to have internal status commensurate with boating,

heritage, environment, hydrology etc. and an appropriate level of resource

• Adequate car parking and access along the towing path

• Available and safe fishing on the towing path

• Suitable water quality and quantity to support fish life and the associated

food chain

• Suitable aquatic habitat to support all the stages of the life cycle of fish and

the food chain that supports fish life

• Fish stocks at an appropriate level and species diversity

• Ongoing consultation with customer club regarding all activities likely to

impact on the fishery.

This is what the All Party Waterway Group had to say

about this in their 2014 review:

• Recommendation 10: The Trust should continue to

develop its open approach with stakeholders and

build upon its strong community relations

• Recommendation 11: That the Trust consults all

relevant stakeholders when planning repair &

maintenance work on the waterways

• A vital component of a thriving waterway

• Through angling events, a way of raising the

profile of the waterways

• A significant contributor to local economies,

especially major events for example the

Division 1 National on the Gloucester Canal

£185k

• A simple way to introduce people to the

waterways

• An affordable way for the public to use the

waterways

• Its totally inclusive, no barriers to participation

• A proven crime reduction and anti-social

behaviour tool

• Angling clubs are as yet a relatively untapped

source of volunteers

• It’s the legal agreement between the club customer and the Trust

• Includes bailiffing and insurance obligation under standard angling

agreement which all clubs sign up to

• Existing bailiffing effort (personal estimate)

• Eyes and ears, in particular vandalism, low water, fish in distress,

illegal instruments

• A useful source of income, currently circa £550,000, the net surplus

being used to maintain the waterways

• When the points on slide 4 are not met, clubs will choose to terminate

their agreements

• One of 8 advisory groups, the successor of the BW Fisheries Advisory

Group

• Good geographical spread of members

• Good spread of skillsets including angling development, fisheries

management and competitions

• Occasional joint meeting with Environment Advisory Group

• There are lots of cross cutting issues that need to be discussed at more

than one advisory group. Should the chairs of the groups meet up

periodically?

1. Fisheries & Angling Action Plans

2. Fisheries & Angling Component of Internal

Environmental Appraisal

3. Fisheries & Angling as an educational tool

• Eleven Waterway FAAPs now at first draft stage

• They combine local actions, operational actions, the

national fisheries and angling team and other

national team actions

• They will be an integral part of the business plans at

both waterway and national level

The actions are grouped under ten themes, listed

overleaf:

1. Retain existing angling customers and attracting new ones

2. Develop & improve access to the fishery

3. The opportunities to engage with local communities

4. Take advantage of the opportunities for volunteering &

adoptions

5. Improving communication between the Trust and its customers

6. Funding

7. Fish passage and migration

8. Predation & non native species

9. Fish stocks & fisheries management

10. Fisheries and water quality and quantity

Currently, there is insufficient fisheries

& angling team input into the process.

Consequently:

• There have been numerous complaints,

some of which lead to significant

reputational damage

• Implementation will require better

communications with angling club

customers

• Implementation will lead to a better

outcome for the fishery.

• Implementation will minimise reputational

damage to the Trust and customer clubs

will have improved confidence in the

Trust

IMAGE TITLE

Angling is a means by which people,

especially young people:

• Can be introduced to the waterways

for the first time

• Can learn a new skill such as how to

fish

• Can learn to respect the whole canal

environment

• Can learn to respect the rights of

other users

• Can learn about fish and their

environment through events such as

fish rescue education days


Heather Clarke, Executive Head of Strategy & Planning

23rd September 2015

• Our principal roles in the system

• Statutory Consultee

• Influencer - Policy

• Delivery

Work across & support the different business areas

• Average rate of 94% compliance (against

DCLGs set target response rate of 80% to 95%)

• Only object to 2% of all consultations received –

able to negotiate out

• Received praise from DCLG!

• Secured or agreed in principle approx £8m

contributions, or works in kind through planning

obligations & conditions

• Made in excess of 1271 alerts to other parts of

the Trust

Government drive to relax planning &

view that statutory consultees are

stalling development – Planning Red

Tape Challenge

Local Ambitions

– Pressure from

stakeholders to

“object”

Volume &

significance of

Government

Infrastructure

Investment

Programme

Pressures from within the Trust to make

“unreasonable” requests in planning law

terms

BALANCING

COMPETING

INTERESTS

DCLG & Welsh Government

GLA; 22 Combined Authority bids; 29 LEPs

179 Local Authorities

900+ Parish Councils

Positioning & “mainstreaming”

Planning policy challenges

Influencing Policy at Different Spatial Levels

• Prepared, submitted,

negotiated and secured 144+

planning permissions

• 99% success rate in securing

planning consents since 2009

• Working across the Trust’s land

& property portfolio (including

ventures) & other trading

activities

Caunsall CCTV Kidderminster

Saving: £16-30k per bridge strike, 3 to

5 strikes per annum

• Supporting delivery of core charitable & operational activities

Secured planning permission for a new

wharf & aggregate storage Stourton in

Leeds

№

• 15 crossings over our canals &

other restoration schemes in

HS2 Phase 1

• Further 13 crossings in Phase 2

№

• Getting results – Realignment at Fradley Junction & member of Birmingham

Curzon Street HS2 Steering Group … just the start

№

Work across & support different CRT business areas

& interface with all the Waterway Partnerships

Virtual Profit Centre

Interface with 182 Local Planning Authorities in

England & WalesWork across & support the different business areas

• Marsworth, H2O Urban scheme

Work across & support the different business areas

№

• Leeds Canal Basin, isis Waterside scheme

• Series of stakeholder design workshops to better understand the concerns &

aspirations of the waterway community

№

• Criteria based approach

• Sets out a clear context led process to follow

• It is not a prescriptive list of design options

№

Icknield Port Loop - Planning permission granted for

1150 new dwellings & commercial space

№

The appeal was dismissed – overdevelopment and it would

"...relate poorly to its setting by the Grand Union Canal."

• HM Treasury “Fixing the

Foundations”

• National Infrastructure

Investment Plan

(NSIPs)

• Northern Powerhouse

• Greater devolved powers in

London

• Introduction of devolved

powers in English cities

• Confirmed change in

devolution model to

“Reserved Powers” Model

• Planning (Wales) Act 2015

• Legislation Programmes

• EU 2020 Strategy

• Neighbourhood

Planning growing

momentum

Threats Relaxation of planning – not consulted

Statutory consultee status – number / timeframes

Challenges but at the same time they are opportunities: New Planning (Wales) Act 2015 – introduces mandatory pre-application

Greater Manchester - building upon London experience

Community Infrastructure Levy (Neighbourhood Fund)

Neighbourhood Planning

EU Funding & Planning

HS2 & NSIPs

Volume of pre-applications versus charging fees

New planning policy areas – health

Focusing our resources

Role of our Waterway Partnerships – “Opening Doors”

Working closer with key policy informers & interested

stakeholders

oWhat else can be done?

oWhere are the gaps, risks &

opportunities?

oHow can Council membershelp?

How can the Planning System be most effectively used to deliver

our strategic priorities and local ambitions?

• Team restructure – more focused

• Internship programme

• Volunteers

• Planning experts on Partnerships

• e-planning toolkit – Greater reach; welcomed by DCLG

• Getting others to promote – TCPA; Planning Inspectorate; etc

• Working with Universities

• Partnerships – move from reactive to proactive – joint working - neighbourhoodplanning; City regions (Manchester); Northern Powerhouse


THANK YOU to all of you…

members of the 1st Canal &

River Trust Council


NEW DATE OF NEXT

MEETING

Tuesday 8th March 2016

Liverpool

the council meeting is preceded by the canal & river trust ......canal & river trust council...

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