South Lakeland District Council Full Council 17 December 2013 COMMUNITY GOVERNANCE REVIEW
PORTFOLIO: Councillor Sue Sanderson – Environment and People Portfolio Holder
REPORT FROM: Debbie Storr - Director Policy and Resources (Monitoring Officer)
REPORT AUTHOR: Claire Marsh – Electoral Services Manager
WARDS: All
KEY DECISION NO: Not applicable
1.0 EXPECTED OUTCOME 1.1 The implementation of the recommendations of the Community Governance Review will assist those parishes requesting changes to function more effectively. 2.0 RECOMMENDATION 2.1 It is recommended that Council note the outcome of the review and authorise the Director of Policy and Resources (Monitoring Officer):- (1) in respect of Docker, Fawcett Forest, Grayrigg, Lambrigg, Whinfell and Whitwell and Selside parish meetings, to investigate further the potential to form two or more grouped parish councils as set out in the report; (2) to make representations to the Local Government Boundary Commission for England regarding the creation of the two small Kendal parish wards and in respect of the parish ward name of Kendal Natland; and (3) to make an Order containing the following changes as detailed in the Final Recommendations Schedule (Appendix 1):- (a) realign the boundary between the parishes of Hugill and Kentmere to move two properties into the parish of Kentmere; (b) change the year for Natland Parish Council’s scheduled elections to coincide with those for Kendal Town Council and the Kendal District Wards; (c) create a new parish in respect of the current grouped parish council of Skelsmergh and Scalthwaiterigg, retaining the original parishes as parish wards; (d) create a new parish in respect of the current grouped parish council of Witherslack and Meathop and Ulpha, retaining the original parishes as parish wards; and (e) amend the name of Urswick Parish Council to Urswick, Bardsea and Stainton Parish Council; and 2.2. It is recommended that Council agree, as part of this Review, that no other changes be made to the remaining parishes in South Lakeland. 3.0 BACKGROUND AND PROPOSALS 3.1 The Local Government and Public Involvement in Health Act 2007 (“the 2007 Act”) transferred full responsibility for parish reviews, now called Community Governance Reviews, to principal councils in England. These reviews consider the electoral arrangements of a parish, or parishes, to ensure that the local government provided is effective and convenient, reflecting the interests and identities of the communities involved. 3.2 As a full review had not been undertaken in South Lakeland for some years, the Council authorised the Director of Policy and Resources (Monitoring Officer), in December 2010, to undertake a Community Governance Review. A report was submitted to the Council on 18 December 2012 setting out the requirements for a Community Governance Review, in accordance with the 2007 Act, for the whole of the South Lakeland District. The Timetable and Terms of Reference were provided and the Director of Policy and Resources (Monitoring Officer) was authorised to take all necessary steps in relation to the Review. 3.3 The various stages of the Review have now been completed by the Electoral Services Manager, with the Final Recommendations published on 2 December 2013. These are attached as Appendix 1. The changes incorporated in the Final Recommendations and which are recommended to Council are as follows:- • The realignment of the parish boundary between the parishes of Hugill and Kentmere to enable the properties Croft Head and Ulthwaite Fold to lie within the parish of Kentmere instead of Hugill; • Moving the year of scheduled elections for Natland parish to that of the Kendal District and Town Council Wards, the next scheduled elections for Kendal being in 2014, and, following consultation with the Department of Communities and Local Government, it is anticipated that this change can take effect from the parish elections on 22 May 2014; • The parishes of Skelsmergh and Scalthwaiterigg be made into one parish with the original parishes becoming wards of the new parish; • The parishes of Witherslack and Meathop and Ulpha be made into one parish with the original parishes becoming wards of the new parish; and • The name of Urswick Parish Council be amended to Urswick, Barsdea and Stainton Parish Council to better reflect the area served by this council. 3.4 There are no other changes to parish electoral arrangements proposed at this time. 3.5 Residents in the Parishes of Docker, Grayrigg, Lambrigg and Whinfell, and Whitwell and Selside and Fawcett Forest, did not respond during the consultation period regarding the suggestion that the parishes come together to form two or more grouped parish councils. However due to the fact that Fawcett Forest currently does not have a clerk, and has only 20 electors as at 1 November 2013, the possibility of grouping will be explored further. As this Review was parish led, it would not be appropriate to force change on any parish without the approval of the parish and the local community. 3.6 It will be noted from the Schedule at Appendix 1 that, following the County Boundary Review, changes were made and a number of these did not seem to provide effective and convenient local government, despite various representations to that effect at the time. These included re-alignment of a ward boundary, changes to the number of councillors in two parish wards and the creation of two very small parish wards, both with one councillor. The name of one of these new parish wards, Kendal Natland, did not seem appropriate as this parish ward, although bordering the parish of Natland, does not encompass an area known as Natland and the name was thought to give rise to elector confusion. Unfortunately, as these changes have now taken effect they cannot be amended easily. However, further representations to the Local Government Boundary Commission for England, who undertook the County Boundary Review, may enable an earlier review of these changes. 3.7 A Re-Organisation Order, detailing any changes approved, must be made within one month of the conclusion of the Review, i.e. by 2 January 2014. 4.0 CONSULTATION 4.1 The Review was undertaken in accordance with Chapter 3 of the 2007 Act and the Guidance on Community Governance Reviews (March 2010) provided by the Department for Communities and Local Government Boundary Commission for England. Shared best practice provided by local authorities who have previously undertaken such reviews was also taken into account. 4.2 Within South Lakeland there are currently 57 town/parish councils, of which 7 are grouped parish councils. There are also 13 parish meetings. The review consulted local people and took into account any representations made. The outcome of the Review should seek to ensure that the proposed community governance reflects the interests and identities of the community and that the arrangements are effective and convenient for the electors of that community. 4.3 During the Review, parish councils, district councillors, the Cumbria Association of Local Councils (CALC) and the general public were all consulted and provided the opportunity to comment on the proposals for the electoral arrangements for their parish or parishes. The Review also took account of the localism and neighbourhood planning agenda although the changes subsequently requested will have no impact in this respect. 4.4 Stage One of the Review and Stage Three, which followed the publication of the Draft Recommendations at the end of Stage Two, were both consultation stages during which a number of submissions were received and these have been incorporated into the Final Recommendations where appropriate. 4.5 This Review was, from the outset, intended to be led by the parishes and their communities and, even though suggestions were made in the Draft Recommendations, if no comments or suggestions were received then the current arrangements will remain unchanged as it is considered that communities and parish councils will highlight any problems. 5.0 ALTERNATIVE OPTIONS 5.1 The Council can decide to reject some or all of the Final Recommendations as presented or propose alternative arrangements. However, as previously stated, this Review was led by the parishes therefore it is suggested that sound reasons would need to be given for imposing new changes at this stage. 6.0 LINKS TO COUNCIL PRIORITIES 6.1 More local – involving our communities in decisions that affect their neighbourhoods. 7.0 IMPLICATIONS 7.1 Financial and Resources 7.1.1 There have been minimal costs associated with the Review to date, mainly in respect of postage costs and advertisements, and the holding of parish briefings. It is not anticipated that further costs will be incurred as the creation of the Order and provision of information to the Department of Communities and Local Government will incur minimal expenditure. These costs have been and can be accommodated from existing budgets. 7.2 Human Resources 7.2.1 There have been no staffing implications. 7.3 Legal 7.3.1 The Review has been undertaken with respect to all relevant legislation and the Order will be created in consultation with the Solicitor to the Council. 7.4 Social, Economic and Environmental 7.4.1 Not applicable, although where changes are recommended it is to ensure that the arrangements provide effective and convenient local government in that parish. 7.5 Equality and Diversity 7.5.1 The Review ensured, as far as possible, that the electoral arrangements of the parishes in South Lakeland enable all residents to be fairly represented, with community identities and interests taken into account. 7.6 Risk Risk Consequence Controls required Recommendations not Where changes are Ensure support provided approved or, if required it would result to parishes where approved, Order not in those parishes unable appropriate made within one month to function effectively
CONTACT OFFICERS Report Author – Claire Marsh, Electoral Services Manager, 01539 783184, [email protected] .
APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Community Governance Review – Final Recommendations – December 2013
BACKGROUND DOCUMENTS AVAILABLE Name of Background Where it is available document Report to Full Council on 18 Link December 2012 Council Minute C/77 of 18 Link December 2012 Local Government & Public Part 4 which refers to parishes can be viewed via Involvement in Health Act Link 2007 Guidance on Community Link Governance Reviews Submissions during Stage Link One and Stage Three of the Review
TRACKING INFORMATION Assistant Portfolio Solicitor to the SMT Scrutiny Director Holder Council Committee 25.11.13 n/a 25.11.13 28.11.13 n/a Executive Committee Council Section 151 Deputy (Cabinet) Officer Monitoring Officer n/a n/a 17.12.13 25.11.13 25.11.13 Human Leader Ward Resource Councillor(s)
Services Manager 25.11.13 n/a n/a