Meeting documents
Cabinet (DCC)
Thursday 19 March 2009
Meeting: Cabinet (County Hall, Durham - Committee Room 2 - 19/03/2009 10:00:00 AM)
Item: A6 Town and Parish Council Charter
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| Report of Lorraine O’Donnell, Assistant Chief Executive Cabinet Portfolio Holder: Councillor Brian Stephens | |
1 To endorse a Town and Parish Council Charter and arrangements for the further development of detailed protocols to support and implement the Charter’s provisions.
Background and Context
2 There are 109 local councils in County Durham varying from large urban town councils to very small rural parish councils. In addition there are 22 parish meetings where no local council exists but communities must meet together at least twice a year. Almost ninety four percent of the area and seventy seven percent of the population of County Durham is covered by a local council.
3. The County Durham Association of local councils (CDALC) offers support to member councils throughout the County. 99 of the 109 local councils and 3 parish meetings are members. CDALC receives funding from both the county council and five of the seven district councils in the County.
4. Local councils are subject to a similar range of statutory requirements as principal authorities. While most councils deliver a range of services to their communities, some choose not to do so. The Local Government White Paper 'Strong and Prosperous Communities' demonstrated a strong commitment to developing the roles of local councils both as a voice for local communities and as providers of local services. In extending the power of wellbeing to local councils, the Government has broadened the range of services, with which local councils can get involved.
DCC relationship with the local councils tier
5. Within DCC there has been a proactive approach to promoting and improving effective partnership working between the Authority and the local councils tier. The development of Charters has been seen as crucial to underpinning better ways of working together.
6. Charters were first advocated by the Dept for Environment, Food and Rural Affairs and the Dept for Communities and Local Government. They set out, as a written agreement, how principal authorities and town and parish councils can work effectively in partnership for the benefit of local residents. They provide a framework to ensure, for example effective communications, consultation and liaison and also provide a basis for further discussion on delegating aspects of service delivery from principal authorities to town and parish councils. Charters are part of recognising and developing the enhanced role of local councils envisaged by government when they set up the Quality Council Scheme in 2002.
7. In August 2005 Cabinet agreed a draft model Charter and committed to the development of individual Charters with every local council. It was also acknowledged that three way Charters with District Councils could be very beneficial and should be explored whenever feasible.
8. In 2006, a joint Charter was agreed between District of Easington Council and the nineteen local councils in the area. This was a generic Charter covering all the local councils. It was agreed that any emerging service delivery arrangements would be subject to a separate agreement between the councils involved.
9. A Steering Group, with representatives from the local councils tier was developed to take forward further Charter Development and supporting activities within DCC however, this piece of work was overtaken by the necessity to develop appropriate arrangements in the light of local government review.
Unitary proposals
10. The unitary council proposal responded to the Government's agenda to expand the role of town and parish councils and talked of building capacity within the tier in order for local councils to take on an enhanced role both in engaging with their communities and delivering local services, where they wish to do so, and where there is sufficient capacity and a good business case.
11. It includes a commitment to provide strategic support to the sector and to support the CDALC’s policy of working towards full parishing of the County, where there is local community demand.
12. The proposal suggested that unitary councillors would work with local town and parish councils to improve and represent the needs of local communities and neighbourhoods. This would be supported by redirecting some of the cost savings achieved through unitary reorganisation, towards neighbourhood budgets, which would average about £50,000 per unitary council ward.
13. Local Government Review offers the opportunity to standardise working relationships and procedures, building on best practice within County Durham and nationally, and creating a climate of opportunity, where successful partnership can improve local outcomes.
Current position
14. In response to the need to develop appropriate arrangements for the new Unitary Council in respect of the role of and relationship with town and parish councils, a Co-ordination Group was formed to develop the policy position for the tier and represent its views and aspirations to the relevant LGR workstreams. The Co-ordinating Group consists of the clerks from six of the largest local councils in the County: Shildon, Peterlee, Seaham, Spennymoor, Great Aycliffe and Ferryhill and some clerks of smaller parish councils, e.g. Horden, Sedgefield and Esh so as to ensure a balanced range of views. The Co-ordination Group and the CDALC Executive have a remit to ensure that town and parish councils are appropriately consulted, engaged and informed as the role of local councils within the new Authority emerges.
15. Representatives from the Co-ordination Group are working within a number of workstreams to tackle the key issues, which have been identified:
· Local councils’ role in AAP arrangements.
· Resolution of double taxation issues.
· Development of appropriate precepting arrangements.
· Mapping of services (includes both services the tier provide to the public and those received from District Councils such as payroll and human resource advice, vehicle maintenance, etc.) with a view to ensuring continuity and consistent service standards when District Councils cease to function.
· Investigation of ways to develop improved partnership working and service devolution to the local councils tier.
· Arrangements for elections, Code of Conduct, Standards Board and establishing remuneration for town and parish councillors.
· Development of a new look Charter between all local Councils and the new Unitary, which will set out both the spirit and the approach to practical matters and which will define and underpin the relationship between the two tiers of local government.
16. A draft of the Charter has been discussed by the Constitution Working Group and with the portfolio holder for local partnerships, Cllr Brian Stephens. Appropriate amendments have been incorporated. The draft has been circulated to all local councils and parish meetings for comments and a presentation and discussion was arranged for local councils in Easington, as part of the current Easington Charter’s liaison arrangements. It has also been discussed by the CDALC Executive Committee. Overall there has been a very positive response to the high level principles set out in the Charter, which are seen as an important foundation for the future of partnership working between the two tiers. Further comments have focused on the importance of both tiers continuing to work together to develop the detailed arrangements to underpin the principles of the Charter. Two comments were critical of the formal language and style of the Charter.
The Charter
17. The Charter (attached at Appendix 2) has been developed jointly by officers of the Council and the Co-ordination Group. It contains input from many of the relevant workstream leads and reflects current good practice and the aspirations of the Unitary proposals. However it should be noted that at this stage some of the detail, referred to in the appendices is still being developed, and is indicative rather than representing a final agreed position. In certain areas, development is still ongoing and detailed proposals are yet to be brought forward for consideration.
18. Since development of the initial draft, further progress has been made in relation to the relationship with Area Action Partnerships and this section of the Charter has been updated to reflect this.
19. Formal endorsement of the Charter, at this stage, by both tiers of local government will send a strong signal of our shared commitment to effective partnership working for the benefit of local communities and the County as a whole.
20. Further development and consultation with services and with the Co-ordination Group and CDALC, will be required to develop the detailed arrangements to underpin the Charter. Promotion of the Charter and training in relation to its importance and operation will be important for officers and members across both tiers. It is proposed to develop a less formal, easy read summary of the Charter to help support this requirement.
21. The Charter will need to be formally endorsed by each town and parish council/parish meeting that wishes to be covered by its provisions.
Recommendation
22. Cabinet is requested to endorse the Charter and agree the proposed next steps.
| Contact: Ann Armstrong Tel: 0191 383 3910 |
| Appendix 1: Implications |
Finance
There is provision within draft budgets for ongoing financial and in-kind support for CDALC and for some capacity building within the sector. Partnership working and devolution of services will offer further opportunities for local councils to access funds for improving their communities.
Principles for financial arrangements are set out in the current draft of the Charter.
Staffing
Consideration will need to be given to officer liaison with the town and parish councils tier in the new staffing structure.
Equality and diversity
As local authorities, town and parish councils have the same duties and responsibilities in respect of equality and diversity as principal authorities.
Accommodation
It is anticipated that the new Council will continue to provide office accommodation for CDALC’s Executive Officer.
Crime and disorder
None arising specifically from this report.
Sustainability
The Charter encourages local councils to work with the principal council to support and develop sustainable communities.
Human rights
None arising specifically from this report
Localities and rurality
The Charter recognises local councils’ significant role within neighbourhoods and rural communities.
Young people
None arising specifically from this report
Community engagement and consultation
The draft Charter recognises the key role local councils can play in engaging with communities. Provisions within the Charter support effective consultation and engagement between the Unitary Council and local councils within County Durham
Health
None arising specifically from this report
Appendix 2
Draft Local Councils Charter
Introduction
Parish and town councils, also known as local councils, are the first tier of local government in England. Within this document they will be referred to as local councils. They are statutory bodies, with Members elected for a term of four years and activities funded principally by an annual precept.
Local councils have a wide range of powers, and are involved in an extensive range of activities, which benefit the community, including input to planning decisions, promoting tourism, providing community halls, managing town and village centres and representing the views of residents.
This Charter has been developed to help local councils and Durham County Council work effectively in partnership to provide excellent services to local people. The Charter recognises and supports the enhancement of local councils’ unique role within their communities and will facilitate capacity building so that the potential of the tier can be more fully realised.
Purpose
To support the development of a mutually beneficial working relationship between Durham County Council and local councils by setting out the respective rights, roles, responsibilities of each and the expectations that they may have of each other.
Context (from Unitary proposal)
Durham County Council recognises local councils as the first tier and ‘grass roots’ of local democracy and the benefits that joint working with local councils can bring. The Council is committed to full parishing of the County and to building the capacity of local councils who wish to play an even stronger role in their local communities. By working closely with the unitary councillors and other community and voluntary groups local councils will provide a powerful mechanism for engaging with local people and delivering service improvements. Through links to area partnerships local councils will be able to influence outcomes for the wider area, whilst influencing the overall strategic direction of the County through representation at the County Durham Partnership and links between parish plans, area plans and the countywide Sustainable Community Strategy.
The Council will provide significant strategic financial support to the tier, assist those that aspire to ‘Quality’ status and devolve power and functions to those that have sufficient capacity and a good business case. Quality Councils are recognised as having demonstrated their efficiency and effectiveness in a number of key areas such as:
· Community representation and engagement
· High standards of conduct
· Leadership and partnership working
· Management of resources
Local councils recognise the strategic role of Durham County Council in ensuring that services are delivered fairly and equitably across County Durham as a whole.
The principles and undertakings set out in this Charter will underpin our relationship as partners and provide a framework to enhance our joint capacity to bring about improved service delivery and quality of life for the people of County Durham, improving social, economic and environmental; wellbeing for our communities.
Performance monitoring and review
The Charter will form part of the induction and training process for staff and Members of Durham County Council expected to have dealings with Local Councils. It will also form part of the training process for Local Council Clerks and Councillors.
Performance against the undertakings within the Charter will be monitored and evaluated on a regular basis through a joint mechanism to be agreed between Durham County Council and CDALC. Issues of non compliance, which cannot be resolved by the parties directly concerned, will be referred to a nominated officer within Durham County Council, who has specific responsibility for liaison with Local Councils, and/or the Executive Officer of the Association.
The Charter will be reviewed annually through this same mechanism to ensure that it remains fit for purpose and is amended to reflect emerging developments locally and nationally.
1. Community Strategy and the Local Strategic Partnership
Durham County Council will
1.1 Seek to ensure appropriate representation (wider ‘Partnership Forum’ level) of local councils at the County Durham Partnership and minutes of meetings to be made available to meetings of the County Durham Association of Local Councils (CDALC) Executive.
1.2 Ensure that local councils are appropriately engaged in the development and review of the Sustainable Community Strategy (SCS) and Local Area Agreement (LAA).
1.3 Where appropriate, take account of priorities and proposals of local parish plans in developing area plans and the SCS.
Local councils will
1.4 In developing parish plans, have regard to the principles and priorities set out in the SCS and relevant area plans so as to support and add value to the themes and outcomes which have been identified. Further information on the role and status of parish plans is covered in the Planning protocols appended to this document.
2. Local Governance
Durham County Council will
2.1 Work with CDALC to develop appropriate links between local councils, the local unitary councillors and emerging Area Partnership arrangements.
Town and Parish council representation on AAPs should be safeguarded by means of having a minimum of one of the Elected Member Board positions where they exist in an AAP area. (Where an AAP has more than six Unitary Councillors they would have one position, but where there are less, they would make up the remaining places.)
2.2 Maintain close working relationship, through appropriate liaison and support arrangements and through the Cabinet member with responsibility for local partnerships.
2.3 Ensure that unitary councillors maintain links to local councils and parish meetings within their area through regular contact and by providing regular information on the activities of Durham County Council, including a formal report to be given at least annually.
2.4 Involve CDALC in appropriate discussions and consultation relevant to the local councils tier.
2.5 Will provide local councils with access to any public report on request.
2.6. Will ensure its Members are aware of any significant issues raised by Local Councils.
2.7 Will ensure that there is a consistent approach to the administration of local elections.
2.8 Will arrange to support, train and advise local councils with regard to the ethical framework for their governance. (framework for Code of Conduct/Standards Board issues currently under development in consultation with CDALC)
2.9 Will respond positively, where appropriate when unitary councillors, Cabinet Members or officers are invited to speak at meetings of CDALC, its committees or local councils/parish meetings on matters of mutual interest.
Local councils will
2.10 Send copies of their agendas and papers to Durham County Council on request
2.11 Will inform their local unitary councillors of any local views or information relating to their responsibilities.
3. Local Community Life
Durham County Council will
3.1 Encourage and support the development of new local councils, aspiring to full parishing of the County as soon as is practicable.
3.2 Encourage local councils to develop innovative local projects and support them to develop parish plans and pilot new ideas.
Durham County Council and local councils
3.3 Will work in partnership to support and develop appropriate local community projects.
4. Consultation and engagement
Durham County Council will
4.1 Consult local councils where appropriate on issues likely to affect their area.
4.2 Allow a minimum of six weeks for responses or explain if not able to do so and be prepared to negotiate appropriate timescales with local councils where there is the flexibility to do so.
(There are separate arrangements for consultation on planning applications detailed in the Planning protocol appended to this document).
4.3 Prepare a summary where practical for complex or lengthy documents.
4.4 Provide briefing sessions/workshops where practical for groups of local councils on complex issues.
4.5 Have regard to the views of local councils when making decisions.
4.6 Provide feedback to local councils on the results of consultation.
4.7 Provide access to any public report on request.
4.8 Facilitate consultation with other bodies that deliver services in a locality through local partnership meetings or specially arranged local liaison meetings.
4.9 Where policies and proposals are of a general nature, the Council will consult with CDALC and/or Its committees as an effective means of securing the collective views of local councils.
Local councils will
4.10 Endeavour to take part in consultations and respond within the given period.
4.11 Recognise the strategic consultative role of CDALC and Its committees.
4.12 Work with Durham County Council to seek the views of residents on matters of mutual interest.
4.13 Involve Durham County Council in the preparation of Town or Parish Plans or Village Design statements, or in the development of any relevant local initiatives where Durham County Council may have an interest.
5. Information, communication and customer feedback
Durham County Council will
5.1 Provide regularly updated contact information in respect of its key officers and Members and explore opportunities for local councils to access appropriate areas of the Intranet.
5.2 Provide copies of the council magazine and other newsletters and service guides to local councils on request.
5.3 Ensure that the Council’s forward plan and all public reports and minutes of meetings are made available on its website.
5.4 Promote timely and clear information.
5.5 Investigate ways of assisting local councils to access IT and IT support services in order to improve and speed up communications.
5.6 Make every effort to attend meetings when invited.
5.7 Respond fully to compliments, complaints, suggestions and enquiries in no more than 20 days and to requests for information within 20 working days in compliance with the Freedom of Information Act 2000.
5.8 Notify local councils of local licensing applications and any subsequent changes (see appendices for draft protocol).
5.9 Notify local councils about the disposal of assets and equipment.
Local councils will
5.10 Make every effort to attend events and meetings to which they are invited.
5.11 Be able to initiate the Council’s complaints procedure if they are dissatisfied with the Council’s actions, their response to a request for information or their failure to consult.
5.12 Respond to requests for information within 20 working days (except for planning applications, which are subject to separate arrangements).
5.13 Provide contact and service information to Durham County Council.
5.14 Invite Durham County Council’s Local Councils’ Liaison Officer to attend meetings of the CDALC Executive.
5.15 Provide dates of meetings of CDALC and copies of agendas and minutes on request to a nominated officer within Durham County Council.
5.16 Invite the Chief Executive of Durham County Council to attend the AGM of CDALC.
6. Practical Support
Durham County Council will
6.1 Encourage the use of support mechanisms such as CDALC, Its committees and national networks.
6.2 Will, on request and where practical, and where resources permit, offer Local Councils access to their support services, to enable them to take advantage of facilities, at a mutually agreed price.
6.3 Will work with CDALC and the County Training Partnership to support and encourage training and development of councillors and clerk and will send a representative to the County Training Partnership.
6.4 Will encourage local councils wishing to achieve the Quality Parish standards through its continued support for the Bursary Scheme, currently administered by Rural Community Action Durham.
Durham County Council and CDALC will
6.5 Work together to negotiate how best to develop and enhance the Association for mutual benefit.
7. Standards and Ethics
7.1 The County Council and local councils have adopted codes of conduct for councillors, based on the national model code of conduct. The local councils will work with Durham County Council’s Standards Committee to promote and maintain high standards of conduct. (Details of Standards Committee arrangements to follow).
8. Planning issues
8.1 The role of local councils in the planning process is set out in a separate document, within the appendices to the Charter. This recognises that local councils are statutory consultees in all planning matters and sets out specific arrangements in respect of:
§ Consultation
§ Representation
§ Liaison
§ Parish and Town Plans and proposals
§ Training
§ Statement of Community Involvement
9. Service devolution
9.1 Durham County Council will explore the benefits of devolved service delivery with local councils. Where a local council or group of local councils puts forward proposals to take on aspects of the delivery, management or monitoring of local services, Durham County Council will consider such requests in accordance with the (business case evaluation process) which has been developed and agreed jointly.
9.2 Where arrangements are made to devolve an aspect of service delivery, management or monitoring to a local council or group of local councils, this will be subject to a separate formal agreement between Durham County Council and the local council(s) involved.
10. Financial arrangements
10.1 The financial arrangements adopted by Durham County Council in respect of routine administrative expenses, e.g. elections, officer support, payroll services and in respect of devolved services are set out in the appendices to the Charter. (to follow).
10.2 Financial arrangements will be governed by the following principles:
§ Equity in the provision of services (and access to them) by Durham County Council in different parts of the County.
§ Efficiency - to keep administrative operating costs to a minimum
§ Transparency through the identification of the services provided by Durham County Council and the Local Council and how the taxpayer contributes to these
§ Democratic control and accountability, i.e. distinguishing between funding provided by Durham County Council for a service delivered by the Local Council and funding raised by the Local Council’s precept.
§ Finance following function - where provision of a service is devolved or transferred to a local council from Durham County Council, then the financial provision is also transferred, with the amount agreed between Durham County Council and the Local Council concerned.
§ Standardised calculation to determine contributions to election costs.
10.3 Durham County Council will keep local councils informed of changes to service provision and will consult annually with the local councils on budget proposals
10.4 Information requirements from local councils will be notified early and precept payments will be made promptly in line with agreed arrangements
Appendices
Detail of Area Action Partnership arrangements. (to follow).
Liaison arrangements (to follow).
Planning protocols (draft attached).
Licensing protocol (indicative draft attached).
Service devolution framework including business case evaluation (to follow).
Financial arrangements including precepting requirements (to be completed and confirmed).
Electoral, Standards and Remuneration arrangements (to follow).
Complaints/feedback process (to follow).
Service specific protocols/support arrangements (including Emergency Planning) to follow.
DRAFT
18
Planning protocol
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DRAFT 18
Planning Workstream
Draft Charter for local councils
Role of local councils in the Planning Process
Consultation
1 Local councils will function as statutory consultees in all planning matters.
2 The Council will consult local councils at all stages in the preparation of planning policy, both at a strategic and locality level, and positively encourage and engage such councils in helping to shape and guide development and environmental protection policies.
3 The Council will formally consult all local councils on all planning applications. The Development Management function of the new authority will notify all councils promptly upon receipt of all planning applications inviting comments within 21 days. Such notification will provide a link through to the Authorities Public Access Website providing details of the application. Paper copies will be provided upon request.
4 The Council will notify/re-consult if material modifications are made to planning applications, and of decisions made.
Representation
5 Local councils will have formal speaking rights at Planning Committee, designed to reflect the special status of such councils; and when considered appropriate will be granted additional speaking rights over and above the general public / applicants.
6 The scheme of delegation for the new Authority will be tailored to provide the local councils with the right to request applications are sent to Planning Committee for determination. The final decision to report applications to committee will rest with the Council.
7 The Council will, at the discretion of the Head of Planning / Development Management Manager, ensure Officers attend Town and Parish Council meetings upon request, to explain contentious applications (or enforcement issues).
Liaison
8 The Council through the Development Management service will provide annual liaison meetings with the local councils to provide updates on general planning issues; and to help inform service development.
Parish and Town Plans and Proposals
9 The Council will support, when resources are available, local councils in the preparation and production of parish plans. These documents can then be used as informal planning guidance and will be a material consideration in the determination of planning applications. See also Section 1 of the Charter on the Community Strategy and the Local Strategic Partnership. It is unlikely that Parish Plans will be adopted as Supplementary Planning Documents given the Government’s approach outlined in PPS12 Local Spatial Planning para 6.2, June 2008), which states
Training
10 The Development Management service will, following Vesting Day, facilitate training sessions for Town and Parish Council members to provide them with general knowledge in regard to how the planning system operates and how planning decisions are made.
Statement of Community Involvement
11 The role of local councils will be embodied in the Council’s SCI. This will set out how local councils will be consulted on planning documents and planning applications, and how they can become actively involved in plan-making. The first development plan document to be prepared for the county-wide Local Development Framework will be the Core Strategy which needs to deal with locally distinctive issues and include a vision, strategic objectives and a delivery strategy which should set out how much development is intended, where, when and how. The timetable for the production of this and other planning documents are set out in the Local Development Scheme. The SCI will also reflect the need for developers undertaking pre-application community consultation to ensure local councils are fully involved as key stakeholders.
JOINT PROTOCOL FOR THE PROVISION OF INFORMATION TO PARISH AND TOWN COUNCILS
The Licensing Act 2003 (the Act) transferred the responsibility for the issuing of licenses and other permissions in respect of the sale of alcohol, provision of regulated entertainment and late night refreshment to Local Authorities. The County Council is the Licensing Authority for the purposes of the Act and is therefore responsible for the administration and enforcement of its provisions. The Council’s Statement of Licensing Policy should be referred to by applicants and those intending to make representations relating to applications made under the Licensing Act 2003.
The Licensing Act 2003 enables responsible authorities and interested parties to make representations relating to applications for premises licences and club premises certificates. Parish Councils are identified in Guidance made under section 189 of the Act as an example of an interested party. i.e. body representing persons living in the vicinity of the premises relating to the application.
This joint protocol exists between Durham County Council and all local councils within the County Durham area. It identifies the terms under which information relating to applications to grant, vary and review Premises Licences and Club Premises Certificates will be supplied by the Council’s Licensing Section to local council Clerks.
1. The Council’s Principal Licensing Officer will e-mail details of all new and pending applications for Premises Licences and Club Premises Certificates to local council Clerks on a weekly basis. The information supplied will include the name of the applicant, address of the premises concerned, date of application, the type of application, date application received and date licence/certificate granted.
2. Requests by Clerks for any additional information relating to applications to grant, vary, or review licences will be forwarded for consideration to the Council’s Principal Licensing Officer. The Principal Licensing Officer will ensure that requests for information are responded to no later than 3 working days after receipt.
3 Local council Clerks wishing to examine documentation relating to a licence application can do so at the Durham County Council offices by appointment with the Principal Licensing Officer.
4. Copies of the application excluding any plans can be supplied on request however a charge of £x will be made to cover the costs of supplying this service.
A4 copy - £x: A3 copy -£x: A2 copy - £x: A1 copy £x: AO copy £x.
6. Representations received by local councils will only be considered to be relevant if:
· They are consistent with one or more of the 4 licensing objectives namely:
iii) Prevention of crime and disorder
iv) The protection of children from harm and
· either the premises named in the licence application are considered to be within the vicinity of the local council’s offices or
· the representations are made on behalf of named persons who are considered to live or work within the vicinity of the premises named in the application.
7. This protocol will be reviewed at the same time as the Council’s Statement of Licensing Policy (every 3 years) or whenever changes in legislation or Government guidance, which directly affect the protocol, occur.
Attachments