Foreword

The council has a proud record of working with local communities to improve the quality of life for people in Shepway. However, it is not always clear for people what services Shepway District Council provides and importantly the statutory framework that we have to operate within. This picture is only going to get more complicated with new legislation, which introduces new community powers and statutory duties for councils.

SHEPWAY We are pleased, therefore, to publish for the first time the Shepway Community Compact . This document aims to set out in one place the ‘community rights’ of Town and Parish Councils, local voluntary and COMMUNITY community groups and the general public. It also aims to set out clearly how people can exercise these rights.

We hope that you find it a useful guide to working with the council. COMPACT Regards,

Councillor Russell Tillson Cabinet Member for Localism

APRIL 2013 April 2013

Purpose Code of Practice on Funding and Resources

A compact is an agreement which brings together representatives from Aim: To establish good financial relationships between all parties. the public, private, and voluntary and community sectors to encourage closer working and co-operation. Town and Parish Councils Commitments: Voluntary and Community Groups Commitments: The Shepway Community Compact sets out how Town and Parish Councils, local community and voluntary groups and members of the • Check eligibility for funding before applying to SDC or external public can work with Shepway District Council to exercise their bodies and explain clearly what results will be achieved. ‘community rights’ to improve their local communities and promote local democracy. The compact provides a framework for good • Ensure robust governance arrangements are in place for partnership working. managing public money.

The Shepway Community Compact will: • Develop appropriate reporting arrangements to meet financial, governance and quality obligations. • Support the continuing development of sustainable communities. • Recognise the limited resources available to Shepway District • Promote greater localism in decision making. Council and work within these constraints.

• Raise awareness of community rights and how people can Shepway District Council Commitments: exercise these rights. • Publicise up front what funding/resources are available to • Give local people greater opportunity to decide the future of their support communities in exercising their community rights. communities. • Ensure there is transparency by ensuring there is a clear • Encourage greater partnership working in the interest of local rationale for funding decisions. communities. • Work with local communities to identify and secure external The Shepway Community Compact lists a number of proposed funding where it is available. commitments that reflects good working practice. • Consider a range of council resources that can be made available to support particular initiatives including grants, loans, use of premises and dedicating officer time.

Joint Commitments:

• Ensure that procedures are used that are consistent with the principles of accounting for public money. • Liaise with public sector partners to highlight service delivery issues that have been raised by community groups. • Explore opportunities to share non-financial resources, such as personnel and property, and to work on innovative solutions to Code of Practice on Consultation and Engagement shared problems. Aim: to provide meaningful opportunities for local communities to Code of Practice on Service Delivery express their views on issues which affect their area.

Aim: to help local communities shape the development of public Town and Parish Councils Commitments: services in their area. Voluntary and Community Groups Commitments:

Town and Parish Councils Commitments: • Promote and respond to consultations where appropriate. Voluntary and Community Groups Commitments: • Ensure information is disseminated to relevant parties in local • Seek the views of service users, the public and other interested communities. groups when making representations to the council and other public service organisations regarding what services/facilities are • When acting as representatives of a group or community, be required in local communities. responsible for collecting the views of all parties and summarising the information in an accurate and fair manner. • Ensure there all members of the local community are given opportunities to help shape plans for new community services Shepway District Council Commitments: and facilities in their area. • Consult stakeholders on issues that affect their local Shepway District Council Commitments: communities, including changes to services and the future of community facilities and amenities. • Work with Town and Parish Councils, voluntary and community groups and service to shape service delivery in local • To conduct this consultation in line with the principles set out in communities. the council’s Engagement Strategy .

• Provide opportunities for local communities to exercise their • Ensure all stakeholders understand who to contact in the council statutory rights with regard to services provided by Shepway to raise an issue, which affects (or might potentially affect) their District Council. local community.

• Support local communities who wish to use their statutory powers to challenge the rules which hinder them from improving their local area. Section 1: Planning Services The SDC Assets of Community Value Policy Statement sets out how the council will implement the legislation in the district and provides an Part 1: Assets of Community Value (Community Right to Bid) eight step process (based on Government guidance) that community The Localism Act 2011 introduces a new power for community groups can choose to follow. organisations to purchase assets of community value. An asset of SDC Asset of Community Value Policy Statement [Add hyperlink] community value is defined by legislation but could include community buildings, shops, pubs and open spaces. The legislation is intended to Funding: prevent public or private assets, which are considered to be of A grants programme has been launched to support community community value, from being sold without the local community knowing ownership and management of assets including capital grants for the or having sufficient time to prepare a bid to buy the asset. The scheme purchase of assets. For more information, please visit the My requires a local council to maintain a list of ‘community assets’ and a Community Rights website: separate list of unsuccessful community nominations. Nominations can come from Town and Parish Councils and community groups with a Pre-feasibility, feasibility and capital grants . connection to a local area. Provided the nomination is accepted, local communities will be given time to come up with a bid for the asset if Pre-feasibility grants are for amounts up to £10,000 and are for and when they are sold. The scheme was brought into effect in organisations to build their internal capacity to prepare to take receipt September 2012. of an asset transfer or, else, a bid to buy land and buildings of community value. The process: The DCLG Community Rights website identifies eight steps that a local Feasibility grants can be made available to organisations that community group will need to follow if it wishes to take ownership of an demonstrate they have the potential to meet local needs through the asset. acquisition and management of land and buildings. These grants are mixed capital and revenue for amounts of up to £100,000 and can be • Step 1: Identify an asset. used by organisations to develop investment proposals and carry out • Step 2: Get your group ready to make a bid. feasibility studies equipping them to take ownership of assets through discounted transfer or, else, bid to buy land and buildings of • Step 3: Ask your local authority to list the asset. community value. • Step 4: What happens if the owner decides to sell. • Step 5: Decide if you want to bid. Advice and support: • Step 6: Prepare and submit your bid. The My Community Rights website has published a guide entitled • Step 7: The owner considers your bid. Understanding the Community Right to Bid . Alternatively you can • Step 8: If successful, you take ownership. contact their advice service to access support about acquiring assets of community value Key documents: The Government has produced non-statutory guidance on the For more information: www.gov.uk website. More information on the Community Right to Bid in Shepway is Community Right to Bid available on the council website: [Add hyperlink once page created]. Part 2: Community Right to Reclaim Land Alternatively, please contact the Planning Policy team. The Community Right to Reclaim Land helps communities to improve their local area by giving them the right to ask that under-used or Planning Policy Team unused land owned by public bodies is brought back into beneficial Shepway District Council use. Civic Centre Castle Hill Avenue The Government has made it easier to bring unused public land back Folkestone CT20 2QY into use by regularly publishing information about the land and buildings central government owns on the www.data.gov.uk website [email protected] and by reforming Public Request to Order Disposal process and 01303 853 266 increasing the numbers of organisations covered by it.

The process: Anyone can send a request to the Secretary of State for Communities and Local Government setting out why they think:

• land or property described in the request process is under-used or vacant • that there are no suitable, consulted upon and publicly tested plans in place or likely to be put in place in an acceptable period of time • the land should be disposed of in order to enable it to be brought back into use

Two types of organisation are covered by the reformed request process:

• public sector bodies that are covered by an existing statutory process (they are listed in the latest version of what is known as Schedule 16) • a range of bodies that for legal reasons can’t be included in Schedule 16 (DCLG will sign a memorandum of understanding with organisations that allows their land to be treated in a similar manner)

If the evidence supports the request being made, the Secretary of State will: • under the statutory process, issue a disposal notice that requires Part 3: Community Infrastructure Levy the public body to dispose of the land The Community Infrastructure Levy (CIL) is a levy that local authorities in England and Wales can choose to charge on new developments in • under the parallel process, issue a letter that recommends, but their area. The money can be used to support development by funding can’t require, that the organisation disposes of the land. infrastructure that the council and local communities want for their area – for example new or safer road schemes, park improvements or Key documents: education facilities. The system is meant to be transparent for local Public Request to Order Disposal: request form people, as local authorities have to report what they have spent the levy on each year. Advice and support: More information on the Government’s proposals is available on the CIL phases out the previous system of relying on individual legal www.gov.uk website: agreements to secure planning obligations between local councils and developers under section 106 of the Town and Country Planning Act Community Right to Reclaim Land 1990 (know as Section 106 agreements).

For more information: The Government has announced proposals whereby local To find out more information about the land owned by Shepway District communities that take a proactive approach by drawing up a Council and to make enquiries about underused land, please contact neighbourhood development plan (see Section 1 Part 4) and who the council’s Property Team. secure the consent of local people in a referendum for their Neighbourhood Plan, will receive 25% of the revenues from the district’s Community Infrastructure Levy arising from the development that they choose to accept. Areas where there is no neighbourhood plan and no referendum on the plan will receive 15% when planning permission for a development is approved.

The monies will be paid to parish and town councils and can be used to fund the community’s priorities. The parish council (in England) will decide how the money will be spent on local infrastructure – although they will be expected to work with the local planning authority (i.e. Shepway District Council).

The CIL amount passed to Town and Parish Councils will reflect the rates the local planning authority set for the levy, after public consultation and independent scrutiny. Different rates for development may apply within the local area (expressed as pounds per square metre). This will be determined by evidence on financial viability – economic data showing that building in the locality is likely to still occur (still be profitable) once the Levy rate is imposed. The neighbourhood funding element will be calculated based on the levy receipts from the Part 4: Community Right To Build relevant development. The Community Right to Build is a new way for communities to choose for themselves where and when to build homes, shops, facilities and Shepway District Council expects to consult on its first draft CIL businesses – putting power back into the hands of local people where proposals later in 2013. Detailed economic work is required in it belongs. The Community Right to Build came into force on 6th April preparation to demonstrate that CIL can be introduced without 2012 and forms part of the Neighbourhood Planning (General) rendering local development unviable Regulations made following the Localism Act 2011.

Advice and support: As an alternative to the traditional application for planning permission, More information on the Government’s proposals is available on the this community right enables local people to bring forward small scale, www.gov.uk website: site specific community led developments. Communities will be able to build: Communities to receive cash boost for choosing development • family homes to sell on the open market For more information: • affordable housing for rent or to convert disused farm buildings To find out more information about how the council currently works into affordable homes with developers to fund additional infrastructure or improved • sheltered housing for elderly local residents community services and facilities through the planning process please • low cost starter homes for young local families struggling to get visit the council’s website. on the housing ladder Section 106 contributions • facilities such as a new community centre or a children’s playground Alternatively, please contact the Planning Policy team. Each development proposal will need to meet minimum criteria and Planning Policy Team have the agreement of more than 50 per cent of local people that vote Shepway District Council through a community referendum. Any benefits from any development Civic Centre – such as capital or rental receipts – will remain within the community. Castle Hill Avenue In order to be able to use the right, members of a community will need Folkestone CT20 2QY to set themselves up as a corporate body with the purpose of furthering the social, economic and environmental well being of the [email protected] local community. 01303 853 266 Funding: In May 2012, the Government announced funding programme to provide support for communities wishing to apply for a Community Development Order. Community groups in England (outside Greater London) are invited to apply for a share of the £17.5m fund which is being made available to help groups to formally establish, build up their development proposals and submit a Community Right to Build Order. Part 5: Neighbourhood Planning The funding is available until the end of March 2015. Information about The Localism Act 2011 legislates for neighbourhood planning, which the fund and the application process is available on the Homes and gives communities direct power to develop a shared vision for their Communities (HCA) website: neighbourhood and deliver the sustainable development they need. Parishes and neighbourhood forums can use neighbourhood planning Community Right to Build – Seed corn Funding to (i) set planning policies through neighbourhood plans to determine decisions on planning applications; and (ii) grant planning permission Advice and support: through Neighbourhood Development Orders and Community Right to The My Community Rights website contains an Understanding the Build Orders for specific development which complies with the order. Community Right to Build document to download and a How does it Neighbourhood Planning is not a way of blocking development in an work? route map which directs you to the information you need area and neighbourhood plans should be aligned with the strategic whatever stage of the journey you’re at. needs and priorities of the wider local area, as set out in the Shepway Core Strategy Local Plan. Shepway District Council has to approve the For more information: Neighbourhood Development Area. More information is available on the SDC website: [Add hyperlink once page created]. Neighbourhood Planning comprises three core elements:

To discuss the Community Right to Build in your area, please contact • Neighbourhood Plans allow communities to shape the places the Planning Policy team: where they live and work by (i) choosing where they want new homes, shops and businesses to be located; and (ii) having a Planning Policy Team say on what those buildings should look like. There is a five Shepway District Council stage process for adopting a neighbourhood plan: (i) decide the Civic Centre area and who exercise the new powers (in Shepway it is Town Castle Hill Avenue and Parish Councils); (ii) prepare the plan to establish the Folkestone CT20 2QY general planning policies for the development and use of land in a neighbourhood; (iii) submit the plan for an independent check [email protected] to ensure it meets basic standards; (iv) hold a community 01303 853 266 referendum so that the local community can decide whether or not a Neighbourhood Plan comes into force; and (v) if approved by more that 50% of people voting in a referendum the Neighbourhood Plan will have legal force.

• Neighbourhood Development Orders , which can help communities to identify what development they want without planning permission being required. Once adopted, a NDO will allow new homes and offices to be built without the developers having to apply for separate planning permission. This money recognises the duties that local planning authorities have • Community right to build orders allow neighbourhoods to in relation to neighbourhood planning. These are to: propose development needed by the community without the need for planning permission, provided the majority of local • provide advice and assistance (for instance regarding how public people agree via a referendum. Although they are a type of consultation could be arranged, or helping parishes / towns with neighbourhood development order, they can be proposed by a relevant evidence and policy support); community organisation rather than a forum or parish/town • hold an examination conducting pay and independent examiner; council. Part of this process includes preparing a business case; and any financial benefit the development generates must be used • make arrangements for a local referendum. for the benefit of the local community, for example, maintaining local facilities. Advice and support: Practical guidance is available at the: Key documents: Neighbourhood Planning Knowledge Hub . The council is currently preparing a Neighbourhood Planning policy. In the meantime please visit: For more information: The council has created a Neighbourhood Planning section on the My Community Rights: Neighbourhood Planning council website: Locality Quick Guide to Neighbourhood Plans [Add hyperlink once page created].

Funding: Alternatively, please contact the council’s Planning Policy team: From January 2013, local planning authorities are able to claim up to a maximum of £50,000 (up from £20,000) for area designations this Planning Policy Team financial year up to a maximum of 10. From 1st April 2013, local Shepway District Council planning authorities will be able to claim for up to 20 designations Civic Centre (£100,000) in the financial year 2013 to 2014. In total, local planning Castle Hill Avenue authorities can claim up to £30,000 for each neighbourhood plan. Folkestone CT20 2QY

New cash boost for communities to put neighbourhood plans together [email protected] 01303 853 266 The first payment of £5,000 will be made following designation of a neighbourhood area recognising the officer time supporting and advising the community in taking forward a neighbourhood plan. The second payment of £5,000 will be made when the local planning authority publicises the neighbourhood plan prior to examination. The third payment of £20,000 will be made on successful completion of the neighbourhood planning examination.

Part 6: New Homes Bonus Part 7: Planning Applications The New Homes Bonus is an incentive mechanism to support growth Most significant development in England needs planning permission in housing supply where by local authorities can share funding with from a local planning authority to go ahead. The planning system aims local communities where new homes are built. The Government to ensure that all views on new development are taken into account. provides additional funding or a 'bonus' for new homes by match Members of the public are entitled to see and comment on all planning funding the additional council tax raised for new homes and empty applications. Alongside inviting the public to comment, local planning properties brought back into use, with an additional amount for authorities have to consult a range of organisations whose interests affordable homes, for the following six years. may be affected by a proposed development.

District councils can decide how to spend the New Homes Bonus. The planning application process: a summary However, the Government expects local councils to consult When a local planning authority (i.e. Shepway District Council) communities about how they will spend the money, especially receives a planning application, it is bound by law to publicise it. For communities where housing stock has increased. applications for major development it must publish a notice in a local newspaper and either post a notice on the site that passers-by can The council has established a New Homes Bonus Reserve fund that it see, or notify the occupiers and owners of adjoining properties. intends to draw upon this reserve for the next six years to meet the costs of additional service provision (such as street cleansing and Alongside inviting the public to comment, local planning authorities waste collection) arising from new homes in the district. have to consult a range of organisations whose interests may be affected by a proposed development. These can include, for example, Advice and support: the local highways authority if the development could mean an The www.gov.uk website has provides more detail on the New Homes increase in traffic. Issues concerning waste, water or air pollution are Bonus scheme. referred to the Environment Agency, and Natural England assesses applications that could affect wildlife. Kent County Council is Key documents: responsible for planning decisions for certain activities, such as SDC Medium-term Financial Strategy Minerals and Waste (in this case Shepway District Council is one of the organisations that are consulted). For more information : To enquire how the new homes bonus might be used to support Members of the public have a few weeks to comment on a planning service provision in your area please contact the council’s finance application. The deadline for comments is 21 days from the date a site team. notice is put up or notice is served on neighbours, or 14 days from when an advert appears in a local newspaper. Parish and town Finance: General Enquiries (finance) councils have 21 days from the date they were notified to make an official comment.

Local planning authorities will either approve the application, sometimes with conditions or obligations, or refuse it. In either case, the authority must give reasons for its decision. Most significant decisions are taken directly by the council’s Development Control A new material consideration, called the ‘presumption in favour of Committee . sustainable development’, is currently being introduced as part of the new national planning policy document, the National Planning Policy Local planning authorities should usually make a decision within eight Framework. weeks for most applications. If it takes longer, or if it is refused, the applicant can appeal to the Secretary of State, and the final decision Advice and support: no longer lies with Shepway District Council. There is a lot of information about planning applications on the ‘Planning’ section of the SDC website. The information includes ‘ A Material considerations guide to Planning – The Planning Control System ’ and ‘ Guidance User When commenting on a planning application, please keep in mind that Notes ’ for searching, viewing and commenting on applications online. the local planning authority can only take material (i.e. legally relevant) considerations into account when determining whether to accept or The Campaign to Protect Rural England (CPRE) in association with reject a planning application or subsequent appeal. the National Association of Local Councils (NALC) have produced a guide entitled ‘ How To Respond to Planning Applications ’, which Under section 38 of the Planning and Compulsory Purchase Act provides a useful eight step process setting out how to express your (2004), decisions on planning applications ‘must be made in views on a planning application in your community. accordance with the Local Development Plan unless other material considerations indicate otherwise’. This includes any formally adopted For more information: Neighbourhood Plans produced by town/parish councils as well as To find out more about the planning system or to enquire about a district-wide documents such as the Core Strategy particular planning application please contact Planning Control.

Material considerations can include: Planning Control, Shepway District Council • government policy; Civic Centre • opinions put forward during the application stage; Castle Hill Avenue • the designated status of a site or its surroundings (for example, if Folkestone, CT20 2QY it’s an Area of Outstanding Natural Beauty); • the planning history of the site – including existing planning Planning Control Enquiries permissions, previous refusals and appeals; and Planning – 01303 853 527 • the effect on a conservation area or listed building.

Non material considerations include:

• decline in property values • the ‘right’ to an unobstructed view

Section 2: Community Services (including Housing) Part 2: Anti-social behaviour: Community Trigger The Government is considering a new duty on the statutory members Part 1: Right to Buy of a Community Safety Partnership (CSP) – which includes the police The Right to Buy scheme was introduced in 1980 and is designed to and Shepway District Council – to take action to deal with persistent help social tenants in England buy their council home at a discount. A anti-social behaviour suffered by victims or communities. The duty person can apply for Right to Buy if they have been a council or public would be triggered by members of the public making a complaint that sector tenant for five years or more. The Government has extended meets certain criteria. the maximum discount available to £75,000. The Community Trigger will give victims, communities and businesses East Kent Housing manages, maintains and improves the council the right to demand that agencies take action over antisocial behaviour housing for Shepway, Canterbury, Dover and Thanet Councils. They complaints that have repeatedly been ignored. Local authorities, police look after all council housing services, which includes repairs, tenancy and health services will deal jointly with complaints raised by members issues, rent payments and Right to Buy applications. of the community to try and resolve ongoing antisocial behaviour issues. Private registered providers of social housing will also have a Advice and support: duty to cooperate with this group, as they play a key role in tackling The www.gov.uk website has detailed on Right to Buy: buying your antisocial behaviour in local areas. The Home Office is currently council home . piloting the Community Trigger in four areas across the country.

For more information: Advice and support: Please contact East Kent Housing to find out more about the Right to The Home Office website provides more information about the Buy scheme in Shepway. Information (including contact details) is proposed Community Trigger . available on their website. Right to Buy Discount The Kent Police website contains a Your guide to anti-social behaviour booklet and provides details on how to report incidents of anti-social behaviour in your area.

Alternatively, you can contact Ann Barnes who has been elected as the Kent Police and Crime Commissioner who can raise an issue on your behalf with local agencies. http://www.kent-pcc.gov.uk/

For more information: To find out more about how anti-social behaviour is being addressed across Shepway, please contact the Shepway Community Safety Unit .

Call Customer Services on 01303 858660 Contact Customer Services Online

Section 3: Procurement and Service Delivery The SDC Procurement Strategy is also available online: Procurement strategy 2009-2011 Part 1: Community Right to Challenge The Localism Act 2011 requires Shepway District Council to consider Support and advice: an expression of interest submitted by a voluntary or community body, There are two websites that provide a good starting point for any group charity, town or parish council and employees of the authority in interested in exercising its community right to challenge: relation to providing or assisting in providing a service by or on behalf of the local authority. The DCLG Community Rights website has information on how the right can be exercised and by whom, as well as links to further advice and The council has a legal duty to consider any expression of interest and support: can respond by either accepting or rejecting any such application http://communityrights.communities.gov.uk/what-are-community- according to a set of statutory criteria. If an organisation meets the rights/community-right-to-challenge/ criteria specified by regulations then the council must run a procurement exercise, which is open to any potential bidders, including Practical help and guidance for those wishing to use the Community the body submitting the initial expression of interest. The whole Right to Challenge is also available on the My Community Rights process is managed as a procurement exercise in line with the website: council’s Procurement Policy. http://mycommunityrights.org.uk/community-right-to-challenge/

The Act allows SDC to determine periods when an expression of Funding: interest may be submitted and any such details must be published. Grants are available to organisations in England seeking to build The council has taken a decision to adopt an annual window in June capacity and capability to deliver public service contracts under the and July for receipt of Expressions of Interest, commencing in 2013. Community Right to Challenge Programme.

SDC can also determine minimum and maximum periods of time Community Right to Challenge Grant Programme - Pre-Feasibility regarding the length of time taken to make a decision and to notify a Grants body of that decision. The law stipulates that the council must regularly Funding type: Grant notify any body making an application regarding the process and any Funding body: DCLG decision made by SDC. These details are set out in the SDC Status: Open to applications Community Right to Challenge procedure. Max. Value: £10,000 Application deadline: N/A Key documents: SDC has produced a Community Right to Challenge policy, which was Community Right to Challenge Grant Programme - Feasibility Grant approved by Cabinet in December 2012. This document provides Funding type: Grant details of how the scheme will operate in Shepway, including the Funding body: DCLG process for dealing with Expressions of Interest (EOIs). Status: Open to applications Community Right to Challenge Max. Value: £100,000 Application deadline: N/A

Other grants may also be available. Please see the My Community Part 2: Social Value Rights website for more information: The Public Services (Social Value) Act, which became law in March http://mycommunityrights.org.uk/community-right-to-challenge/grants/ 2012 and came into force in January 2013, introduces a statutory requirement for local authorities, alongside other public bodies, to For more information: consider economic, social and environmental wellbeing in public The key Community Right to Challenge documents are available on services procurement. The obligation means that, as well as cost and the ‘Community Rights ’ webpage of the SDC website. quality of service, other factors can be taken into account when drawing up and awarding a contract to run or provide a council service. To make an informal enquiry about a council service, please contact the council’s Procurement Team by email or phone: The best value statutory guidance defines social value to be “about seeking to maximise the additional benefit that can be created by E-mail: Contact Procurement procuring or commissioning goods and services, above and beyond Tel: 01303 853 377 the benefit of merely the goods and services themselves”.

Shepway District Council welcomes any comments from the interested parties regarding how the council can use its purchasing power to secure additional community benefits through council procurement. Please contact the Procurement Team in the first instance.

Key documents: The council has developed a policy statement, as an appendix to the council’s Procurement Strategy, which provides a framework for the council to implement the Public Services (Social Value) Act. SDC Social Value Act Policy Statement (Add hyperlink once approved)

The SDC Procurement Strategy is available online: Procurement strategy 2009-2011

For more information: Please visit the SDC website: [Add hyperlink once page created].

Alternatively, please contact the council’s Procurement Team by email or phone:

E-mail: Contact Procurement Tel: 01303 853 377 Part 3: Community Asset Transfer Section 4: Democratic Services Community Asset Transfer is an established mechanism used to enable the community ownership and management of publicly owned Part 1: Freedom of Information land and buildings. Local authorities are empowered to transfer the The Freedom of Information Act 2000 provides public access to ownership of land and buildings to communities for less than their information held by public authorities. It does this in two ways: (i) public market value. This is known as ‘discounted asset transfer’ or ‘asset authorities are obliged to publish certain information about their transfer’. Communities can enter into discussions with public bodies activities; and (ii) members of the public are entitled to request about Community Asset Transfer where it is their intention to promote information from public authorities. The Freedom of Information Act social, economic and environmental well-being. gives a person or organisation the right to view the information; it does not give an automatic right to re-use the documents or information. The ultimate aim of Community Asset Transfer is community empowerment – that is, to ensure that land and buildings are retained The purpose of the Act is summarised below: or transformed then operated for public benefit through community asset ownership and management. • It provides a right of access to recorded information held by public authorities. Funding: • It creates exemptions from the duty to disclose information. The My Community Rights website has details of community asset and • It establishes the arrangements for enforcement and appeal. service grants that community groups can apply for:

The Act does not give an automatic right to access Council documents Support and advice: or other types of records. Instead it gives a right (subject to any The Asset Transfer Unit can provide support to communities and to exemptions) to information contained within them. There will be times help them progress asset transfer initiatives. Alternatively, view the when only some parts of a document can be made available. Community Asset Transfer page on the My Community Rights website.

There you can read the Understanding Community Asset Transfer Requesting Information: guide. If you wish to send a request to Shepway District Council under the Act

then please e-mail: Information Officer . For more information:

If you have an enquiry about a council asset that could potentially be Your request must include: transferred to community ownership, please contact Property Services:

• Your contact details for the Council to reply to Email: • Tel: 01303 853379 A description of the information you wish to obtain • Any preferences for the format for receiving the information

When the Council receives a request for information, we will acknowledge receipt within 3 working days and respond promptly and not later than 20 working days after receiving your request. The reply should confirm or deny whether or not we hold the information, and either provide the information you requested, or explain why it has not Part 2: Polls and Referendums been provided. There are various types of referendum which may be (and in some circumstances must be) conducted by local authorities. These are: Charging: There is no charge for making a request for information, however • Advisory referendums – Section 116 of the Local Government charges may be applied for providing copies, or if a significant amount Act 2003 provides a specific power for principal local authorities of work or copying of printed material is required. Fees can be found to hold polls in order to ascertain views on any matter relating to: on the Council's website in the financial section under discretionary (i) their services; (ii) expenditure on those services; or (iii) their fees and charges. power to promote well-being in their areas. The Act does not provide for local electors to be able to demand a poll nor is the Under the Freedom of Information Act, SDC can refuse to provide result binding on the authority concerned. information to an applicant, if the cost of complying with a request exceeds the ‘appropriate limit'. The appropriate limit for local • Parish Polls provide an opportunity for local people to express authorities is £450 or 18 hours work as indicated by the Lord an opinion on a specific subject and are in effect a local Chancellor. referendum held within a parish area, as set out in the Local Government Act 1972. Key documents: The Publication Scheme sets out what information SDC publishes or A poll may be demanded before the conclusion of a Town or intends to publish as a matter of course; how and when this Parish Council meeting on any question arising at the meeting information will be published; and whether the information is available but no poll shall be taken unless either the person presiding at free of charge or on payment. the meeting consents or the poll is demanded by not less than ten, or one-third, of the local government electors present at the For more information: meeting, whichever is the less. Please see the Information Commissioner’s website or the Freedom of Information page on the SDC website. Parish Polls differ from normal elections insofar as:

Any queries should be directed to the Information Officer: • You can only vote on polling day. There are no postal or proxy votes for a Parish Poll. Email: Contact us online • No poll cards are issued. Tel: 01303 853000 • Polls open at 4pm and close at 9pm. • Parish Polls cannot be held on the same day as other elections. • The cost of holding the poll is met by the parish council. • All Parish Polls are presented in a form of a question in which people are able to answer either yes or no. • The result is not binding.

• Referendums on governance arrangements (including Part 3: Petitions in Local Government mayoral systems); The Local Democracy, Economic Development and Construction Act 2009 established a duty for local authorities to respond to local • Council tax referendums - The Localism Act 2011 and petitions, and to provide a facility for e-petitions. The Localism Act associated regulations gave effect to the new system of council 2011 removed this duty. Following enactment of the legislation, people tax referendums. The principles for 2012-13 specify that any can still submit petitions and their local authorities will deal with the principal authority (other than the City of London) setting a issues raised as they consider appropriate. It is for the council to council tax increase in excess of 2.0% would have to hold a decide whether and how to respond to such petitions (with exceptions referendum of local electors. There were no principles applying for petitions made under other statutory provisions). to parish or town councils but the issue is likely to be revisited. Shepway District Council operates a Petition Scheme and an Online • Neighbourhood planning referendums – The Localism Act Petition Scheme . 2011 introduced a new neighbourhood planning regime, which allows parish councils to draw up draft neighbourhood plans. The process: These plans must conform to local strategic planning policies Paper petitions should be submitted to the address below where as and are subject to an independent check. If a neighbourhood online petitions can be submitted via the SDC website. plan passes the independent check, the plan would be put to a local referendum. If 50% of those who vote are in favour the local Chief Executive planning authority must adopt the plan. Shepway District Council Civic Centre For more information: Castle Hill Avenue If you have any queries regarding local government polls and Folkestone, referendums, please contact Electoral Services: Kent CT20 2QY

Electoral Services Online Petitions: Shepway District Council To present a petition to the council please contact the council’s Civic Centre committee services section at least 10 working days before the Castle Hill Avenue meeting to discuss the process. Folkestone, CT20 2QY All petitions sent or presented to the council will receive an [email protected] acknowledgement from the council within 10 working days of receipt. 01303 853497 This acknowledgement will set out what the council plans to do with the petition.

Key documents: Shepway District Council Petition Scheme Petition Scheme

For more information: Part 4: Councillor Call to Action Please visit the council’s website: The Councillor Call for Action was introduced through the Local Government and Public Involvement in Health Act 2007 and was Petition Scheme subsequently amended by the Localism Act 2011. The statutory ePetitions requirement applies to all councils in England (with the exception of parish councils) regardless of their Executive arrangements. The Alternatively, please contact: power enables councillors to refer matters that affect their ward for examination by the council’s scrutiny committees. Members of the Democratic Services, public can ask their ward councillor to raise a matter on their behalf. Shepway District Council, Civic Centre, Overview and Scrutiny: Castle Hill Avenue, Shepway Council District Council has two overview and scrutiny Folkestone, Kent, committees, the Resources Scrutiny Committee and the Community CT20 2QY Overview Committee. This new scrutiny structure was implemented at the annual council meeting in May 2012. Democratic Services: General Enquiries (democratic) Community Overview Committee Resources Scrutiny Committee

Each year the council draws up an Annual Scrutiny Programme to agree the topics to be covered by the Overview and Scrutiny Committees. This process involves consultation with Town and Parish Councils who are invited to submit any suggestions. In addition, key local community groups are contacted to ask for their views. The final decision about the work programme rests with the Committee.

Raising an issue: If you have an issue that you would like raise through the Councillor Call to Action, please contact Committee Services at SDC in the first instance. It would be helpful to cover the following points in your correspondence:

• The name of your councillor and ward they represent. • Title of the Councillor Call for Action • Why you think the issue should be raised through the Councillor Call for Action. • A brief synopsis of what the main areas of concern are. • What evidence do you have in support of your Councillor Call for Section 5: Partnership Bodies Action? • Which areas or community groups are affected by the Councillor Part 1: Health and Wellbeing Boards Call for Action? The Health and Social Care Act 2012 makes provision for the • What prior action has been undertaken to try and resolve the establishment of Health and Wellbeing Boards. It is envisaged that issue prior to requesting a Councillor Call for Action? these will become operational from April 2013 at which point they will • Is the Councillor Call for Action currently being examined by a become responsible for the discharge of a range of statutory duties formal complaints’ process? covering health and social care services in Kent. • Are there any deadlines associated with the Councillor Call for Action that the council needs to be aware? Health and Wellbeing Boards are to be established as formal committees of upper-tier local authorities (county councils). Kent For more information: County Council has established a Board that has been operating in To find the councillor for your ward who you may wish to raise an issue shadow form. The Board is responsible for producing the Kent Joint on your behalf, please visit the Your Councillors part of the SDC Health and Wellbeing Strategy and the Joint Strategic Needs website. Assessment.

All queries should be directed to Committee Services at: Across the county more local arrangements are being put in place to ensure close cooperation with the Clinical Commissioning Groups Telephone (CCGs). The South Kent Coast (Shadow) Health and Wellbeing Board [email protected] covering Dover and Shepway is a sub-committee of the Kent Shadow Health and Wellbeing Board. The local Board will complement the county-wide Board and ensure the local views are fed into the overarching Kent strategy and that local issues are determined locally. The aim of the South Kent Coast (Shadow) Health and Wellbeing Board is to ensure a “local” voice and to identify, at the appropriate level, district-wide and neighbourhood level health needs, priorities and gaps in service provision.

Public Engagement: Section 193 of the Health and Social Care Act 2012 requires the responsible local authority (i.e. Kent County Council) and each of its partner clinical commissioning groups to involve the people who live or work in Kent in the preparation of the Joint Health and Wellbeing Strategy for the county.

To raise any issue regarding local health services in your area that you want the Health and Wellbeing Board to address, please contact either the Cabinet Member for Health and Wellbeing or contact the Policy Part 2: South Kent Coast CCG Team by email: [email protected] or by phoning 01303 853 416. As part of the NHS reforms all GP practices have to become part of a Clinical Commissioning Group. Currently commissioning for health Further Information: services is, in the main, undertaken by the Primary Care Trusts and The following information is available online: Strategic Health Authorities – these bodies are to be abolished by April 2013. In their place will be a National Commissioning Board and the Shepway District Council ‘Health and Wellbeing’ page [add hyperlink Clinical Commissioning Groups. once page created] Key Documents: The South Kent Coast (Shadow) Health and Wellbeing Board South Kent Coast CCG commissioning plan 2012-14 Health and Wellbeing Board (Shadow) CCG profiles CCG Board members

Public Engagement: Section 26 of the Health and Social Care Act 2012 sets out the general duties and powers of Clinical Commissioning Groups (CCGs), which includes a requirement for public consultation on the CCG commissioning plans.

To raise any issue regarding the services that the Clinical Commissioning Group is commissioning in your area that you want the council to raise on your behalf, please contact either the Cabinet Member for Health and Wellbeing or contact the Policy Team by email: [email protected] or by phoning 01303 853 416.

Key Contacts: • Clinical Chair: Dr Darren Cocker • Accountable Officer: Hazel Carpenter • Chief Operating Officer: Karen Benbow

Further Information: Please see the NHS Eastern and Coastal Kent website for further information on Clinical Commissioning Groups.

Part 3: Scrutiny Part 4: Local Healthwatch The Health and Social Care Act 2012 updates the legislation covering Local Involvement Networks (LINks), which currently represent the local authorities’ scrutiny of health services in their area. This allows public voice on health and social care services, will be abolished at the them to review and scrutinise any matter relating to the planning, end of March 2013. They will be replaced by Local Healthwatch provision and operation of health service in the local authority’s area. organisations which will take on extra responsibilities. The powers of local authorities have been extended to cover Clinical Commissioning Groups (CCGs) and independent providers of health Local Healthwatch is designed to help public involvement in local and care services. decision-making and service delivery by:

Scrutiny in Kent: • Providing information about local health and care services. Kent County Council, as the upper tier authority is responsible for exercising the scrutiny function across the county. More information • Enabling people to share their views about their local health and about the committee is available on the KCC website: social care services

Health Overview and Scrutiny Committee • Helping clinical commissioning groups to make sure that services really are designed to meet citizens’ needs For more information: To raise an issue regarding health and social care provision in your Public Engagement: area that you would like please contact the Kent Health Overview and Section 182 of the Health and Social Care Act 2012 imposes a duty on Scrutiny Committee at Kent County Council. upper tier and unitary local authorities (i.e. Kent County Council) to contract with a Local Healthwatch organisation to ensure the involvement of local people in the commissioning, provision and scrutiny of health and social services. Section 193 requires the responsible local authority (i.e. Kent County Council) and each of its partner clinical commissioning groups to involve the Local Healthwatch organisation for Kent in the preparation of the Joint Health and Wellbeing Strategy.

For more information: More information about the (Shadow) Local Healthwatch is available on the Kent County Council website. Part 5: Police and Crime Commissioner Section 6: Other Provisions Police and Crime Commissioners were introduced nationally as part of the Police Reform and Social Responsibility Act 2011. The job of the Part 1: Equality Commissioner is to ensure local community needs are met, bringing The Equality Act 2010 introduced a general duty for public bodies to the public closer to policing. The role does not replace Chief have due regard to the need to (i) eliminate unlawful discrimination, Constables, who continue to have full operational control over how harassment and victimisation; (ii) advance equality of opportunity their police force is run. Ann Barnes was elected the Police and Crime between people from different groups; and (iii) foster good relations Commissioner for Kent in November 2012. between people from different groups. In addition, the public sector equality duty requires the council to (i) set specific, measurable The remit of the Police and Crime Commissioner is to: equality objectives and (ii) publish information about its performance on equality so the public can hold it to account. • Cut crime and deliver an effective and efficient police service in Kent The Council will aim to provide all members of the community with fair • Set a five year Police and Crime Plan and equal access to all council services. The Council will make every • Consult with the public to set policing priorities effort to ensure that no-one who is entitled to a service from the • Set the police budget and police council tax Council receives less favourable treatment or experience • Hold the Chief Constable of Kent Police to account for the discrimination. performance of the force • Ensure community needs are met Key Documents: • Commission crime reduction, community safety and victims’ The council publishes a wide range of information on its website services setting out how it meets its equality duties including: • Provide grants to organisations aside from the police • Work with partner agencies to tackle crime and reoffending • The Equality Act 2010 and the council’s equality duties

The Commissioner has a statutory duty to consult with the public and • The council’s Equality & Diversity Policy and Equality Objectives victims on their policing needs. The findings will be used to help set 2012 policing priorities and will play an integral role in deciding new policies. • Equality Analysis data including the Annual Diversity Report Key Documents: 2012 and a list of Equality Treatment Assessments Kent and Medway Police and Crime Plan • Equality Data and Information For more information: You can contact the Police and Crime Commissioner by visiting: For more information: http://www.kent-pcc.gov.uk/register-form.php To raise an equality issue for a council service please contact the Policy & Performance Team by email at [email protected] or by phoning 01303 853 232. Part 2: Sustainable Communities Act Part 3: Transparency The Sustainable Communities Act 2007 provides a way for local The Government published a code of recommended practice for local community groups to ask, via their local council, that central authorities on data transparency in September 2011 under section 2 of government removes barriers that hinder them from improving their the Local Government, Planning and Land Act 1980. The purpose of area. The Government has recently consulted on whether to allow the code is to enable local people to exercise their right to know how town and parish councils to submit Sustainable Community Act their money is being spent and to hold their council to account. The proposals. Government wishes to empower a new breed of ‘armchair auditors’ to scrutinise their local council. The Act provides a statutory framework for councils in England, working with local people and community groups, to put forward The code requires local authorities to publish information on: (i) proposals to Government to reconfigure public services and make expenditure over £500; (ii) senior employee salaries; (iii) organisational changes to the pattern of public spending in an area but which would structure charts; (iv) the ‘pay multiple’ for the workforce; (v) councillor require national action to put the proposals into effect. The scope of allowances and expenses; (vi) copies of contracts and tenders; (vii) the Act is very broad, covering economic, social and environmental grants to voluntary and community groups and social enterprises; (viii) issues. It does not limit the type of action that could be put forward. policies, performance data, external audits and financial documents; (ix) asset register and (x) material relating to the democratic running of Any Town or Parish Council or local community group, which has the council. Part 1, Chapter 8 of the Localism Act 2011 contains identified an issue it would like to tackle and would like to explore provisions relating to pay accountability, including the requirement to whether the Sustainable Communities Act could provide a means of publish a pay policy statement. addressing that issue should make initial contact with Shepway District Council’s Policy Team. The Policy Team will then work with the The council publishes open datasets on the ‘ Public data for reuse ’ relevant managers in the council to investigate what options are page of the website www.shepway.gov.uk . For example: available to local communities and where possible help to develop a SCA proposal for Government. Car Parks: Council car parks | Disabled parking pays and permits

Advice and guidance: Financial Services: Payments to suppliers | Council Tax charges Please visit The Local Government Association page on the Sustainable Communities Act for more information. Planning Services: Weekly list of planning applications

For more information: Sports and Leisure: Swimming pools | Sports and recreation charges Please contact the Shepway District Council’s Policy Team by email: [email protected] or by phoning 01303 853 416. For more information: If you have any queries or have suggestions regarding what data you would like the council to publish, please contact the Policy Team by email: [email protected] or by phoning 01303 853 416. Appendix A: Contacting the Council Local Plan: General Enquiries (local plan)

As well as the specific contact details given in the various sections of Media / Press Office: General Enquiries (media) the Shepway Community Compact, you can contact the council in the following ways: Parking Services: General Enquiries (parking services)

Online Planning: General Enquiries (planning)

Visit our website http://www.shepway.gov.uk where you will find easy Policy and Communications: General Enquiries (policy and links to all services and lots more information. communication)

You can contact a department online below: Revenues and Benefits: Council Tax | Miscellaneous Income | General Enquiries (revenue and benefits) Building Control: General Enquiries (building) By phone Community Regeneration: General Enquiries (regeneration) Benefits and Council Tax – 01303 853 555 Community Services : Recycling | Highways | General Enquiries (comm services) Environmental Services (including anti-social behaviour, abandoned vehicles, dog fouling, litter, street cleaning, recycling and landfill Councillors: General Enquiries (councillors) collections) – 01303 858 660

Democratic Services: General Enquiries (democratic) Housing (homelessness, housing advice/options and the housing waiting list) - 01303 853 300 Economic Development: General Enquiries (regeneration) Planning – 01303 853 527 Environmental Health and Licensing: General Enquiries (ehl) Building Control – 01303 853 538 Finance: General Enquiries (finance) Main switchboard – 01303 853 000 Housing: Allocations | General Enquiries (housing) Emergencies out of office hours – 01303 221 888 Human Resources (HR): Jobs | Human Resources Comments General Enquiries (HR) In person

Legal Services: Local Authority Searches | General Enquiries (legal) Civic Centre, Castle Hill Avenue, Folkestone, Kent CT20 2QY. Monday, Tuesday, Thursday and Friday 8.30am - 5pm Wednesday 9.30 - 5pm

New Romney One Stop Services, Magpies, Church Approach, New Romney, Kent, TN28 8AS Tuesdays and Fridays 9am to 12.30pm

By letter

Shepway District Council Civic Centre Castle Hill Avenue Folkestone Kent CT20 2QY DX4912 - Folkestone

By fax

Fax Number – 01303 245978