DATED 2014 BASILDON BOROUGH COUNCIL - and- BRENTWOOD BOROUGH COUNCIL ______________________________________________________ MEMORANDUM OF UNDERSTANDING FOR THE DEVELOPMENT OF THE CONSULTATION DOCUMENT RELATING TO THE POTENTIAL DEVELOPMENT TO THE WEST OF LAINDON IN BASILDON AND EAST OF WEST HORNDON IN BRENTWOOD ______________________________________________________ Legal and Corporate Governance Basildon Borough Council The Basildon Centre St Martins Square Basildon SS14 1DL Contents CLAUSE 1. Background ............................................................................................. 1 2. Key objectives for the project ................................................................. 2 3. Principles of cooperation ........................................................................ 2 4. governance .............................................................................................. 3 5. Roles and responsibilities ........................................................................ 5 6. Escalation ................................................................................................ 6 7. Intellectual property ............................................................................... 7 8. Term and termination ............................................................................. 7 9. Variation .................................................................................................. 7 10. Charges and liabilities ............................................................................. 7 11. Status ....................................................................................................... 8 12. Governing law and jurisdiction ............................................................... 8 Project Management ........................................................................................ 13 Funding and Resourcing .................................................................................... 20 ANNEX ANNEX A. THE PROJECT ................................................................................................................... 10 ANNEX B. INFORMATION SHARING PROTOCOL ..................................................................................... 18 ANNEX C. SPONSORS' BOARD TERMS OF REFERENCE ............................................................................. 19 ANNEX D. CONTRIBUTIONS ............................................................................................................... 20 THIS MEMORANDUM OF UNDERSTANDING is dated 4th day of November 2014 PARTIES (1) The parties to this memorandum of understanding MoU are: (2) BASILDON BOROUGH COUNCIL of The Basildon Centre, St Martins Square, Basildon, SS14 1DL (Authority One). (3) BRENTWOOD BOROUGH COUNCIL of Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY (Authority Two). 1. BACKGROUND 1.1 Section 110 of the Localism Act 2011 amended Section 33A of the Planning and Compulsory Purchase Act 2004 requires Local Planning Authorities to cooperate on strategic planning matters. This in turn is supported by policy and guidance expectations in the National Planning Policy Framework and Planning Practice Guidance. 1.2 This agreement represents a duty to co-operate statement under the Localism Act 2011, the National Planning Policy Framework (NPPF) and the Planning Practice Guidance (PPG). 1.3 Authority One and Authority Two have agreed to work together on the project detailed in Annex A to this MoU (Project). 1.4 This MoU cannot override the statutory duties and powers of the parties and is not enforceable in law. However, the parties agree to adhere to the principles set out in this MoU. 1.5 This MoU may need to be supported by protocols and other documents not included here which set out in more detail operational considerations of how the parties will work together. 1.6 The parties wish to record the basis on which they will collaborate with each other on the Project. This MoU sets out: (a) the key objectives of the Project; (b) the principles of collaboration; (c) the governance structures the parties will put in place; and (d) the respective roles and responsibilities the parties will have during the Project. 1 2. KEY OBJECTIVES FOR THE PROJECT 2.1 The parties shall undertake the Project to achieve the key objectives set out in Annex A to this MoU (Key Objectives). 2.2 The parties acknowledge that the current position with regard to the Project and the contributions already made (financial and otherwise) are as detailed in the Annex A to this MoU. 3. PRINCIPLES OF COOPERATION The parties agree to adopt the following principles when carrying out the Project (Principles): (a) collaborate and co-operate. Establish and adhere to the governance structure set out in this MoU to ensure that activities are delivered and actions taken as required; (b) be accountable. Take on, manage and account to each other for performance of the respective roles and responsibilities set out in this MoU; (c) be open. Communicate openly about major concerns, issues or opportunities relating to the Project; (d) learn, develop and seek to achieve full potential. Share information, experience, materials and skills to learn from each other and develop effective working practices, work collaboratively to identify solutions, eliminate duplication of effort, mitigate risk and reduce cost; (e) adopt a positive outlook. Behave in a positive, proactive manner; (f) adhere to statutory requirements and best practice. Comply with applicable laws and standards including EU procurement rules, data protection and freedom of information legislation. In particular the parties agree to comply with the requirements of the Information Sharing Protocol attached to this MoU in Annex B; (g) act in a timely manner. Recognise the time-critical nature of the Project and respond accordingly to requests for support; (h) manage stakeholders effectively; (i) deploy appropriate resources. Ensure sufficient and appropriately qualified resources are available and authorised to fulfil the responsibilities set out in this MoU. In particular the parties agree to make the contributions detailed in Annex D to this MoU; and (j) act in good faith to support achievement of the Key Objectives and compliance with these Principles. 2 4. GOVERNANCE 4.1 Overview The governance structure defined below provides a structure for the development and delivery the Project. 4.2 Guiding principles The following guiding principles are agreed. The governance will: (a) provide strategic oversight and direction; (b) be based on clearly defined roles and responsibilities at organisation, group and, where necessary, individual level; (c) align decision-making authority with the criticality of the decisions required; (d) be aligned with Project scope and each Project stage (and may therefore require changes over time); (e) leverage existing organisational, group and user interfaces; (f) provide coherent, timely and efficient decision-making; and (g) correspond with the key features of the governance arrangements set out in this MoU. 4.3 Sponsors' board (a) The Sponsors' Board provides overall strategic oversight and direction to the Project. This group will consist of: Authority One: The Leader of the Council, Cabinet Member of Regeneration and Planning and Chief Executive Authority Two: The Leader of the Council, Chair of Local Development Plan Members Working Group and Chief Executive (b) The Sponsors' Board shall be managed in accordance with the terms of reference set out in Annex C to this MoU. 4.4 Project board (a) A joint officer group (Project Board) will be established drawing on resources from both Authorities. They will communicate regularly to discuss and action the preparation of the consultation document and the consultation process. (b) The Project Board will provide strategic management at Project and workstream level. It will provide assurance to the Sponsors' Board that the 3 Key Objectives are being met and that the Project is performing within the boundaries set by the Sponsors' Board. (c) The Project Board consists of representatives from each of the parties. The Project Board shall have responsibility for the creation and execution of the project plan and deliverables, and therefore it can draw technical, commercial, legal and communications resources as appropriate into the Project Board. The core Project Board members are: Project Board Member Position Authority Lead Project Manager Team Manager - Planning Basildon Borough Council Policy Project Manager Planning Policy Team Leader Brentwood Borough Council Project Advisor Service Manager – Planning Basildon Borough Council Policy, Housing and Regeneration Strategy Project Advisor Head of Planning and Brentwood Borough Council Development Project Advisor Senior Communications Basildon Borough Council Officer Project Advisor Senior Communications Brentwood Borough Council Officer Project Advisor Principal Legal Officer Basildon Borough Council Project Advisor Head of Legal Services Brentwood Borough Council The Project Board shall meet regularly and shall from time to time, with the agreement of the Project Managers include officer representatives of the neighbouring borough of Thurrock Council and Essex County Council and any other organisations with related interest in the consultation outcomes. 4.5 Reporting Project reporting shall be undertaken at three levels: (a) Project Board: Minutes and actions will be recorded for each Project Board meeting. Any additional