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"The Legacy" - Aylsham Navigation Project 2012

This is a reprint of a paper prepared for discussion at the project co-ordination meeting on January 18th 2011.

The project is still in its infancy but events have conspired to make us consider now where we are going and what we hope to achieve. Most importantly in any consideration of legacy there has to be an overview of what we hope to achieve and leave behind.

We already have in the bank almost certainly a publication of the history of the navigation. We also have the memories we will create of the celebration itself and the engagement with communities along the route. I include in this latter point the inclusive involvement across age ranges, in particular the projects involvement with the schools will ensure a raised awareness amongst the next generation of doers and decision makers.

The real hard to obtain legacy for the future will be the creation of a waterside trail. We are launching this idea at a time of unprecedented public expenditure cuts which make it highly unlikely that major resources will be forthcoming to support this aspect of the project from the public sector. It is my personal view therefore that we have to consider alternatives which will include donation, fund raising and private sector involvement. It should also very carefully include rather than exclude the Parishes along the route and the appropriate land-owners.

An opportunity has arisen with a private sector developer to make a significant start to the trail in an area we had previously thought would be difficult. This is the Aylsham end of the route which will be either the start or finish depending on your perspective. Large parts of the remainder are already public footpaths currently maintained by Norfolk County Council although this may be under review given the cuts.

The Trail – a way forward and considerations to be taken in to account including funding

Assuming we agree that the trail is a good idea we have to consider how to bring it about and pay for it. We also need to look at the continued maintenance and governance relating to the trail. To do this, quite frankly, there is, in my opinion, only one way and that is the formation of a charitable entity that has all the appropriate safeguards relating to financial probity, health and safety, diversity and child protection in place. Public funding organisations including the National Lottery will only consider making grants to such organisations. Equally members of the public making donations or supporting fund raising activities need the same assurances. Finally private sector providers including developers wishing to undertake local “good” works or under S 106 agreements will also need these assurances about the organisation they are dealing with.

I hope I have established the need to set-up a charitable entity but before further considering its form we should look at what it will do and equally what it will not do -:

It will -:

1. Provide an umbrella under which diverse groups can campaign on river issues.

2. Arrange for the establishment and subsequent maintenance of an Aylsham Navigation Trail.

3. Provide information on the ecology and history of the river by the provision of information boards and such other means as are considered suitable

4. Campaign for open-access to the navigation whilst respecting land-owners rights.

5. Maintain close links with all levels of local authority and the Broads Authority.

6. Liaise with and provide support to all partners in the Aylsham Navigation Project 2012 in as much as such support is consistent with the other aims.

7. Obtain from various sources funding and the disbursement of acquired funds in respect of the above aims.

It will not -:

A. Act as a campaigning group for the re-establishment of full navigation rights.

B. Be involved in other aspects of the Aylsham Navigation Project 2012 such as the work being done by ALHS or the celebration itself.

C. Take any responsibilities away from existing Councils without their agreement and appropriate funding. The maintenance of footpaths, for example, should still fall to the County until or unless that changes.

The case for a charitable entity is clear to me but there is an alternative in which the respective Town and Parish Councils take responsibility for their own stretch of the riverside trail. After much thought I am opposed to this solution for the following reasons. Even if we could get all the Councils involved to agree the nature of democracy and pressure on funding is such that an agreement made in 2011 could be withdrawn in 2012 causing difficulties between partner Councils. It would also be exclusive as far as other organisations and interested individuals were concerned. It seems to me that a charitable entity would overcome these potential problems.

What kind of entity is more open to debate. We could simply register a charity, which I will call for ease in this document and no other reason, Friends of the Aylsham Navigation (FAN). This charity would have a board of governance which could be flexible enough to include Town and Parish Councillors working in personal capacities (although there would always be the danger of interest clashes) and other individuals including some of those involved in the wider 2012 project. FAN would need to fund raise which would include applications to the likes of the National Lottery fund amongst others. FAN would also be able to negotiate separately of Aylsham Town Council with the developers previously mentioned. When I refer to separate negotiations I should stress that I do not envisage FAN (or any legacy body) actually doing anything that could be construed as opposed to the wishes of Aylsham Town Council. I see it more as a partnership in planning terms but with degrees of separation that will allow Aylsham Town Councillors (in this example) not to feel compromised or more importantly allow themselves to be accused of undeclared interest. Although I have instanced Aylsham because of the current approach from a developer there but the same considerations will be true elsewhere as the project develops.

Another related option would be the formation of a Trust with trustees appointed by Councils and other local organisations. I will call the Trust, for ease in this document only the “Aylsham Navigation Trust” (ANT). The big difference between ANT and FAN is that FAN would be completely independent whilst ANT would still have elements of democratic local accountability in that the trustees would be appointed by their originating body and would remain representative of them. Both a trust and a charity could have very similar terms of reference and both would be able to adopt the necessary rules of governance to satisfy the regulatory authorities and fund providers. A Trust would need to be initially set-up and provided with start-up funds by the affiliates.

I make no recommendation as to which model to pursue but I do strongly suggest that one or the other is adopted as soon as possible. Without getting this right we could lose out on a significant opportunity. The fact is we would have had to grasp this nettle at some point but events have conspired to make a decision necessary now and perhaps that is a good thing.

Funding will follow naturally from the decision we make.The new body will be independent and free to apply for funding from a variety of sources in all sectors.

Stuart Wilson
26 December 2010

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