FULL COUNCIL 11 December 2018 Title: Community Governance Review - Consequential and Supplementary Provisions 1. PURPOSE AND RECOMMENDATIONS Report Type: Public Report for Decision Purpose of Report: To consider a number of supplementary provisions relating to the establishment of two new local councils for Christchurch Town and Highcliffe & Walkford Recommendations: It is RECOMMENDED that: (a) the schedule of assets, as set out in Appendix 1 to this report, be approved for transfer to Christchurch Town Council and Highcliffe and Walkford Neighbourhood Council respectively on 31 March 2019; (b) Bournemouth, Christchurch and Poole Shadow Authority be requested to enter into a Service Level Agreement to continue with the operational delivery of those services being transferred at a similar level and at a cost equal to the amount identified as the anticipated cost for these services as set out in Appendix 1; (c) A Shadow Council for each new Council be established from 1 January 2019 for the purposes of recruiting respective Clerks and other matters that may require a decision prior to implementation; (d) Officers be authorised to commence the recruitment process of staff for both councils as detailed in paragraphs 4.4 and 4.5 to this report; (e) all other historic property, as defined in paragraph 5.1, be transferred to Christchurch Town Council on 31 March 2019; (f) officers be authorised to submit a petition to the College of Arms to secure the transfer of the Borough Council’s Armorial Bearings to the Christchurch Town Council at an estimated cost of £3,350; (g) the boundary of the Christchurch parish and parish wards be amended by Order to be coterminous with the LGBCE proposed ward boundaries as shown in in paragraph 6.3; (h) the anticipated precept amounts for Christchurch Town Council and Highcliffe and Walkford Neighbourhood Council, as detailed in the table at paragraph 7.5 to this report, be included in the Supplementary Order. Wards: Borough-wide Contact Officer: Richard Jones, Legal and Democratic Services Manager Councillor Lesley Dedman, Task and Finish Group Chairman 2. BACKGROUND 2.1. The Council at its meeting on 22 August 2018 approved the establishment of two new local councils, Christchurch Town Council and Highcliffe and Walkford Neighbourhood Council. 2.2. Reorganisation Orders were subsequently made on 17 September 2018. Copies of the Orders were placed on deposit at the Civic Offices and sent to the required statutory bodies including MHCLG, LGBCE, ONS, Ordnance Survey and the other principal councils in Dorset. 2.3. The Orders stated the establishment date, warding arrangements, the number of councillors and election dates. In addition, the Orders made provision for transitional arrangements for the period until the elections in May 2019 whereby the new parishes shall be represented by those councillors who, immediately before 1 April 2019, are the elected councillors for the borough wards falling wholly or partly within the parish boundary. 2.4. The Orders further stated that supplementary Orders would be made to deal with the transfer of assets and services and the anticipated precept requirements. Time is of the essence for this phase in order to allow for the supplementary Orders to be made, determine the role of the respective clerks, staff transfer, possible recruitment and other incidental matters required prior to 1 April 2019. 2.5. The Council at the August meeting, resolved to instruct the Community Governance Review Task and Finish Group (the Group), Chaired by Councillor Mrs Dedman and also comprising Councillors Bath, Bungey and Mrs Jamieson, to continue to consider and make recommendations in relation to the transfer of assets and services allowing for the calculation of the anticipated precept requirements for the first year of the two new councils. It is important to note that it is not for the Borough Council to set the budget for the new councils. The new local councils will each be required to set and approve their own budget for 2019/20 by 1 October 2019 which may not exceed the calculated anticipated precept. 2.6. This report sets out those recommendations which Council is asked to support. 3. ASSETS AND SERVICES 3.1. The Task and Finish Group was mindful of the limited capacity of the new Councils to manage significant services, and the impact that any transfer of assets could have on the residents of Christchurch as a whole including the effect on Council Tax levels. When the new Councils are established, future opportunities would exist for the transfer of further operational assets. 3.2. The primary objectives for establishing the local councils was to secure and maintain the historical and ceremonial traditions and to bring about improved community engagement. 3.3. The new local councils will be statutory bodies and will be required to be consulted on many issues affecting the area. Representational deficit was a major concern of some councillors and the new local councils will strengthen this representational role. 3.4. Secondary objectives were to secure and maintain important facilities and services within the borough and for these to be managed at a local level. 3.5. The Task and Finish Group was mindful that a recommendation to transfer certain assets may be deemed to be unreasonable and could be open to challenge. The following transfer principles were used to assess each asset:- 1. No significant income generating assets 2. No assets that have potential for development or future income generation 3. No assets that would affect a future strategic policy for the unitary authority 4. No cash reserves should be transferred 3.6. The Group assessed different types of assets suggested by community groups, residents’ associations and councillors for transfer, including land and property, and considered the implications, costs, income, obligations, staffing and management requirements. 3.7. A number of these suggestions were immediately discounted for various practical reasons including, for example, those involving complex multiple ownership arrangements, property and land not within the ownership of the borough council, significantly high operational costs or income which would be contrary to the above principles, or sites where long-term protection or rights already exists. Appendix 2 provides details of those assets which have been discounted by the Task and Finish Group. 3.8. All Members of the Council were invited to a Members’ Briefing on 6 November 2018, which was very well attended, to consider the initial assessment options and to suggest other assets not previously considered, helping to inform the final recommendations. 3.9. The schedule attached at Appendix 1 to this report includes those services and associated assets which it is now recommended should be transferred to the new local councils respectively covering the following areas:- Allotments Recreation Grounds / Community facility Property Mayoralty 3.10. The schedule includes details of existing ownership title, tenancies, licences or other relevant agreements, best estimate of operating and other expenditure, income opportunities, staffing requirements, special equipment and storage needs, and other implications for each site. ALLOTMENTS 3.11. The only statutory duty of local councils is the provision of allotments where there is demand for them. The Local Government (Parishes and Parish Councils) (England) Regulations 2008 requires the transfer of any land to the parish council which immediately before the order date is held by a principal council for any purpose of the Allotments Acts 1908 to 1950 or is vested in a principal council and used for those purposes. 3.12. The allotment sites at Douglas Avenue, Rutland Road and Southey Road must be transferred to Christchurch Town Council. The allotment sites at Roeshot Hill and Walkford must be transferred to Highcliffe and Walkford Neighbourhood Council. PLAY AREAS 3.13. The Task and Finish Group considered the transfer of the play areas which the Borough Council is currently in the process of refurbishing. The contract for these works will not be completed until after the 1 April 2019. The transfer of these sites during the works programme would present significant transfer issues including the transfer of procurement responsibilities and accountability, professional indemnity/insurances and responsibility for payment for the works. 3.14. Although budget provision for the future management would be advisable, it is not recommended that the play areas are transferred at this stage. These sites could be transferred once the works are completed with the agreement of Bournemouth, Christchurch and Poole Council. PROPERTY AND MAYORALTY 3.15. There were two key properties which the Task and Finish Group are recommending for transfer, namely Druitt Hall and Gardens and the Old Town Hall. 3.16. Druitt Hall and Gardens has been highlighted as a key site in the Town and of historical importance. With the agreement of the Tenant, this building could be used for formal meetings of the Council. The Old Town Hall could be used as the main office initially, for small meetings and to host Mayoral events and engagements, allowing the new Town Council to determine the final operating arrangements post-establishment. 3.17. Other public facilities and community halls could be used for other meetings for both councils as required. OPERATING ARRANGMENTS OF ALLOTMENTS AND RECREATION GROUNDS FOR YEAR 1 3.18. Although, the proposed schedule proposes the transfer of a number