In 2016/17 and in accordance with the provision of the Local Government and Public Involvement in Health Act 2007, the Council carried out a Community Governance Review (CGR), as a result of receiving a valid petition.  As a CGR had been carried out within the previous two years, the Council could not be compelled through a petition to carry out a further review.  However, on 22 May 2019, the Council passed a motion for officers to report on the required procedure to establish a Town Council for Bexhill by 2021.  Therefore, the report of the Executive Director set out the considerations for the Council in conducting a new CGR of Bexhill-on-Sea, incorporating all nine wards.

Full Council was required to agree the Terms of Reference (ToR) for the CGR which specified the area under review and detailed what the Council wanted to achieve; draft ToR were attached at Appendix A to the report.

It was proposed that a Steering Group comprising seven Members was appointed in accordance with political balance requirements to manage the process and draft ToR for the Steering Group were set out at Appendix B to the report.  This would result in seat allocation of three Conservative Members, two Association of Independent Members, one Liberal Democrat/Green Member and one Labour Member.  It was noted that all Members of the Council would have the opportunity to contribute to the review.

Under the terms of the 2007 Act, the Council was obliged to consult with the local government electors for Bexhill-on-Sea, take into account any representations made and ensure the outcome of the review, including any decisions were well publicised.  One of the key roles for the Steering Group would be to determine the consultation and communication programme for the CGR.  As a result of the feedback received in 2017, it was proposed that only one six week consultation period be held.

The Council would be required to complete the review within 12 months of the start of the CGR, including any consequential recommendations to the Local Government Boundary Commission for England.  A draft timetable complying with the requirements of the 2007 Act was included within the ToR for the Steering Group at Appendix B.

The review would be completed once the Council approved the Reorganisation of Community Governance Order.  Copies of the Order and associated maps would be deposited at the Council offices and published on the website.  The Order would take effect for financial and administrative purposes on 1 April in the designated year.

Cabinet had sought advice from the Sussex Association of Local Councils who had advised that as the Council had conducted a full CGR in 2016/2017, it would not be necessary to repeat this process again, and that a consultation would only be required.  For public clarity, it was also felt that the Council should not be seen to be “going over old ground”.  Therefore it was proposed that recommendation 1) be reworded as follows: the draft ToR for a Community Consultation to consider the implementation of a new Parish Council covering the Bexhill-on-Sea area of Rother District Council be approved and updated accordingly.  It was also suggested that the membership of the Steering Group be increased from seven to nine Councillors to ensure an equal balance of Bexhill Members were represented.

The Executive Director advised that in order to implement a CGR, it was essential that the Council conformed to the relevant local government legislation.  Failure to conduct a thorough CGR could result in reputational damage and expose the process to the risk of legal challenge.  This advice had been confirmed by the Council’s Legal Team.

With regards to the increased membership, the Executive Director confirmed that the amended seat allocation would be as follows: three Conservative Members, three Association of Independent Members, two Liberal Democrat/Green Member and one Labour Member.  Group Leaders would need to provide the names of the Steering Group membership before the full Council meeting scheduled to be held on 16 September 2019.

After discussion, Cabinet reiterated that, the proposed amendments be forwarded to full Council for consideration.

RECOMMENDED: That:

1)    the draft Terms of Reference for a Community Consultation to consider the implementation of a new Parish Council covering the Bexhill-on-Sea area of Rother District Council be approved and updated accordingly;

2)    a politically balanced Community Consultation Steering Group be established comprising nine Members; and

3)    the proposed timetable for the review be agreed as set out at Appendix B to the report.

(Councillors Mrs Bayliss, Coleman and Courtel each declared a personal interest in this matter as they were members of Democracy4Bexhill and in accordance with the Members’ Code of Conduct remained in the room during the consideration thereof).