Canterbury Area Member Panel 7 January Head of Policy & Improvement. Non-key. This report is open to the public.

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1 Canterbury Area Member Panel 7 January 2013 Subject: Director/Head of Service: Decision Issues: Decision type: Classification: CCC Ward(s): Summary: Potential Town Councils in the Canterbury district Head of Policy & Improvement These matters are within the authority of the Panel Non-key This report is open to the public. All At its meeting in November the Panel requested further information on the process involved in creating new town councils. This report sets out the statutory framework, the powers of town councils and relevant experience elsewhere in east Kent To Consider: Next stage in process CAMP are requested to express their opinions on the issues raised in the report and if they wish to refer any matters on to the Executive SUPPORTING INFORMATION 1. Introduction The statutory powers Recent legislation has been passed with the intention of making it easier for communities to set up new local councils. The Local Government and Public Involvement Act 2007 (Part 4, Sections ) changed the law so that the decision to set up a new local council no longer lay with the Secretary State, but instead with district, borough or unitary councils (principal authorities). The intention of the new legislation was to simplify the process and to make it more local by giving communities more of a direct say. A new local council can be created through a community governance review. A principal authority (in this case Canterbury City Council) can choose to undertake a community governance review itself or a community can prompt a review by securing enough signatures to a petition and making proposals to the principal authority. 1

2 What is a community governance review? A community governance review is a review undertaken by a principal authority for the whole or part of the principal authority s area for the purpose of reviewing or making changes to the arrangements for community governance in their area. This includes the creation of new local councils or the alteration of existing local councils. The principal authority can initiate a community governance review but if there is a desire for the creation of a new local council, communities can initiate one themselves desire through a petition. 2. Detail Steps needed to create a new local council The first step for communities is to gauge whether there is support for a local council in their area. Those advocating a town council must see whether there is an appetite for a local council in their area. Local advocates also need to identify and define the geographical area of their local community. Town councils could be established for any of the unparished areas of the district Canterbury, Herne Bay or Whitstable. In the case of Canterbury defining the area should be relatively straight forward as it would likely follow the council s definition of Canterbury including the wards of Barton, Northgate, St Stephens, Westgate and Wincheap. However, a petition does not have to conform to our definition so it could include all of these wards or only some of them. Petition If there is a desire amongst local people, advocates must organise a petition and submit this to the principal authority once the requisite number of signatures has been collected to trigger a community governance review. The 2007 Act stipulates that if the petition area has more than 2,500 local government electors, the petition must be signed by at least 10% of the electors based on the most recently published electoral register. Based on the most update figures for Canterbury: Barton has 7,384 electors Northgate has 5,071 electors St Stephens has 6,846 electors Westagte has 6,388 electors Wincheap has 6,232 electors Canterbury total 31,921 So in order to trigger a community governance review for Canterbury as a whole, via the petitions route, advocates would need to secure 3,192 signatures. In addition to the requisite number of signatures the petition must also: Specifically define the geographical area to which the review is to relate Specify one or more recommendation that the petitioners wish a community governance review to consider making. 2

3 The statutory guidance on community governance reviews (2010) states any recommendation must explain the preferred name and style for the council e.g Canterbury Town Council and provides several examples on a variety of issues including: support for the creation of a new town council; promoting a sense of place that recognises strong local identity and distinctiveness; reflects the identity and interests of local people; promotes effective and competent local government, etc. A principal authority is under a duty to carry out a community governance review if it receives a valid petition for the whole or part of the council s area. The principal authority must conclude a community governance review within the period of 12 months from the date the review begins and must consult the local government electors for the area under review and any other person or body likely to have an interest. It must then take into account all representations received. The principal authority is also required to consider issues such as the identities and interests of local communities, effective and convenient local government, the impact of community governance arrangements on community cohesion and the size, population and boundaries of the local council. The council chooses to initiate a community governance review The alternative to the petition route is that the council initiates the review itself, if it is satisfied there is a groundswell of support in either Canterbury, Herne Bay or Whitstable for the establishment of a town council. Within the guidance on community governance reviews published in March 2012 by the DCLG and the Local Government Boundary Commission for England local authorities are encouraged to review their electoral and representational arrangements every years. So the time might be appropriate for the council to initiate a review to cover the whole district, which would also cover existing parish councils. In many cases where town councils have been established this has been with the support of the principal authority who have facilitated their creation. Canterbury City Council needs to take a position on the practical benefits or disbenefits setting up a town council would generate. The likely costs in officer time it will take on the new governance arrangements, transfer of assets and funds and the transitional arrangements establishing a new town council will involve e.g most principal authorities create a shadow town council, often made up of district councillors before the first elections are held. If on the balance of evidence, the community governance review concludes that there is sufficient local support to establish a town council then the principal authority, through a recommendation at full council, can do this. The council will then make a reorganisation order that makes provision for the transfer or management of things such as property and staff, the number of councillors on the new town council and will also set a date for the first election to the new town council. It may take a year, or longer before the town council is officially set up after the recommendation has been passed. 3

4 On 31 October 2012 the government published a consultation paper proposing new measures to fast track applications for new town councils. These include options to reduce the number of people who need to sign a petition to initiate a community governance review from 10% to 5% of the relevant local population and reducing the time it takes to carry out a review from a maximum period of twelve months to six months. The results of the consultation will be reported to Members once they are known. Functions of Town Councils A Town Council might provide, maintain or contribute to a different range of services for their community (see the list below): These services are the same as those for parish councils, but do not include many of the more specialist services, such as planning enforcement which are provided by the district council. Leisure facilities Local youth projects Bus shelters Car parks Community centres Community transport schemes Crime reduction measures Cycle paths Festivals and celebrations Allotments Community safety schemes Litter bins Illuminations (e.g Christmas lights) Parks and open spaces Planning Street cleaning Street lighting Traffic calming measures Tourism activities In districts with town councils, it is the practice that agreement is reached with the local district council on which of the above services are delegated down to the town council level so duplication and confusion about which tier provides which service are minimised. Agreement on the apportionment of budgets for relevant services and how any income is shared would also need to be reached. Town Councils in East Kent 4

5 Neighbouring district councils all have town councils. As the table below shows, there is significant variation in their size, the total value of the precept they raise and the impact of this on local council tax payers. Name and population of town council 2012/13 precept raised Town council tax based on Band D average Dover (28,156) 663, Folkestone (45,273) 548, Ramsgate (39,639) 358, Deal (29,248) 347, Hythe (14,170) 316, Broadstairs and St Peters (24,370) 218, Sandwich (6,800) 130, The services carried out by these town councils are by and large the same as the parish councils in those areas, but given most are established tourist resorts there is an emphasis on promoting the town by improving the general leisure and tourism offer. Several of these town councils organise concerts and events, improve facilities like bandstands and promenades and enhance the street scene by providing decorative lighting, floodlights, flower baskets, etc. Some of the town councils, for example Broadstairs have produced a town design statements which gives a detailed overview of the character of the town and sets out the specific nature of the buildings and landscapes which makes the town distinctive. The statement sets guidelines for sustainable new development and this tries to protect the distinctive character of the town. Several of the town councils have also produced town centre traffic plans to manage traffic levels by reducing congestion, lowering speeds and encouraging more pedestrian footfall in the centre of town. Neighbourhood/Town Forums Dover District Council has established five neighbourhood forums (including one for Dover and one for Sandwich) to discuss local issues at public meetings. These meetings aim to involve local people in having an influence over service delivery and decision making in their town across a broad range of issues. County, district and town council members attend and agendas are shaped by local people ing proposed items of business or raising them directly with a local councillor. 5

6 At most meetings speakers are invited to talk and answer questions from the public around specific issues chosen by local people. Past topics have included planning, community safety, active older people, climate change and youth services. There are two fixed meetings for each forum each year with the opportunity to hold a further two flexible forum meetings each year. Venues and the time of the forum meeting depends on the discussion topic, but they usually last about two hours. Meetings are advertised on the council s website and through the local press. 3. Relevant Council Policy/Strategies/Budgetary Documents The council has no formal position on the desirability or otherwise of establishing town councils in the district. However, this issue was discussed at HBAMP on 6 November 2012 and the panel recommended that no action be made to the Executive, but the panel will remain open to responses. 4. Consultation planned or undertaken If a community governance review was triggered then public and stakeholder consultation are key elements of the process, as set out in the detail of the report. 5. Options available with reasons for suitability CAMP can decide to note, but not to act on the report CAMP can recommend to the Executive that further action be taken around any proposal to initiate a community governance review or to any other matter relevant to the report. 6. Reasons for supporting option recommended, with risk assessment At this stage neither option is recommended as the report seeks the views on CAMP only 7. Implications (a) (b) Initiating a community governance review will involve a direct and indirect cost to the council Legal Implications New town councils can only be established through the provisions of the Local Government and Public Involvement Act 2007 Other implications (c) (d) Staffing/resource Initiating and carrying out a community governance review is likely to involve several staff and use considerable staff time Property Portfolio If town councils were established this is likely to involve the transfer of existing council assets to the new body 6

7 (e) (f) (g) (h) (i) (j) (k) (l) Environmental/Sustainability Cannot be ascertained at present Planning/Building Regulations Cannot be ascertained at present Human Rights issues None Equalities Any new town council would have to follow the same legal duties as the district council Crime and Disorder None Biodiversity None Safeguarding Children Any new town council would have to follow the same legal duties as the district council Energy efficiency Cannot be ascertained at present 8. Conclusions The report sets out the statutory defined process involved in establishing new town councils, the services town councils typically provide and relevant experiences elsewhere in East Kent. Members are asked for their views on the report and any further action, if any, they would wish to take on any of the matters addressed in the report. Contact Officer: Mark Bursnell Telephone: