AGENDA ITEM 12
CONCURRENT POWERS
Summary: To consider how the Board should manage and operate the functions that it
holds concurrently with the local authorities in 2011/12.
Recommendations:
(a)
That the 15 Local Authorities within the Cotswolds AONB be formally advised
that the Conservation Board has no plans within its 2011/12 business plan to
operate any of the functions held concurrently with the Local Authorities at
the present time;
(b)
That the Board continue to invite a sample of Local Authority partners to
consider how the concurrent powers might operate in 2011/12 - 2013/14 and
identify if the Board might be better placed to lead on some concurrent
powers in the future; and
(c)
That the Board promote its potential to deliver advisory services to and on
behalf of the Local Authority partners.
Officer Ref: Martin Lane, Director.
Background
1.
The Conservation Board secures its general purposes and powers through
Section 87 of the Countryside and Rights of Way (CROW) Act 2000.
2.
This section of the Act specifies the Board’s two purposes;
 to conserve and enhance the natural beauty of the area of outstanding natural
beauty
 to increase the understanding and enjoyment by the public of the special
qualities of the area of outstanding natural beauty
3.
It was envisaged that most of what the Board wished to be able to achieve in the
immediate years following its establishment could be enabled through this section of
the Act.
4.
During the drafting of the Establishment Order Defra lawyers advised that the
wording of Section 87 of the CROW Act 2000 was too general for some of the
activity that the Board may wish to undertake. The Board’s Establishment Order
needed to be more specific in terms of the local authority functions enabled through
other legislation that should also apply to the Board in order for it to be able to
deliver its desired range of activity. The Establishment Order therefore provides for
a series of functions to be held concurrently with the 15 local authorities, (Appendix
‘A’).
5.
The concurrent functions provide for a range of activity looking to the future i.e.,
5 – 15 years ahead. As from 1 February 2005 the functions were exercisable
concurrently by a local authority and the Board; i.e., both parties can legally operate
the concurrent functions.
6.
To date the Executive Committee has reviewed the need to operate the concurrent
powers on an annual basis and has concluded that the delivery of its business plan
does not require their operation. At the same time it acknowledged that the Board
was not resourced to be able to operate the powers effectively.
7.
The Board does not need to operate any of the concurrent powers in order to
successfully deliver its business plan for 2011/12. To avoid any confusion the Board
should formally write to each local authority advising them that the Board does not
propose to exercise any of these functions in the delivery of its 2011/12 Business
Plan.
8.
In 2010/11 the Board wrote to the Local Authority partners inviting them to consider
how the concurrent powers might operate in 2011/12 and 2012/13 and to identify if
the Board might be better placed to lead on some concurrent powers in the future.
9.
Positive replies were received from Cheltenham Borough Council, Cotswold District
Council, West Oxfordshire District Council, and Gloucestershire County Council and
Worcestershire County Council. Follow up meetings were held with senior
members, Chief Executives and other Officers.
10.
South Gloucestershire Council also replied indicating that there were no areas of
mutual benefit for developing the approach to the management of the concurrent
powers. Replies were not received from the other authorities.
11.
In general terms senior members and managers are keen to explore the scope for
the Board delivering more, whilst middle managers are more cautious and less
enthusiastic.
12.
As a result of these discussions the Board:
a. is acting as an expert landscape witness for Cotswold District Council in a
Public Inquiry in June in return for a consultancy fee;
b. has suggested that Gloucestershire and Worcestershire County Councils
consider the Board in their review of countryside sites and the potential
future owners / managers of sites along the scarp edge / along the Cotswold
Way National Trail;
c. has suggested that Gloucestershire County Council consider the Board in
their review of the organisation and management of rights of way;
d. has received positive feedback to the suggestion that the Board could supply
advisory services to local authorities eg landscape and heritage advice
i. the public inquiry experience noted above will allow the Board to
develop its thinking and then submit formal suggestions to authorities.
ii. the services could be focussed on the current strengths and
acknowledged areas of expertise of the Board eg landscape, heritage,
access, sustainable tourism, planning policy, grant awards.
iii. the Board could expand its expertise to provide services identified as
areas of need for the local authorities eg call off legal planning
expertise, health and well being (health walks), youth work experience
(rural skills).
13.
It is suggested that local authority appointees to the Board could help facilitate these
discussions and increase the number of local authorities involved.
14.
The local authorities continue to scrutinise the areas of work they deliver. As a result
local authorities are prioritising the internal restructuring of their organisations, which
has delayed some progress in furthering discussions with the Board on the
management of concurrent powers.
Supporting papers:
Appendix ‘A’ - Part III of the Board’s Establishment Order; Concurrent Functions of
the Board