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ITEM EX11

EXECUTIVE – 18 FEBRUARY 2003

ESTABLISHMENT OF CONSERVATION BOARDS FOR THE COTSWOLDS AND CHILTERNS AREAS OF OUTSTANDING NATURAL BEAUTY

Report by Director of Cultural Services

Introduction

  1. In March 2002 the Cotswolds AONB Partnership agreed in principle to seek the establishment of a Cotswolds Conservation Board, under provisions introduced by the Countryside & Rights of Way (CROW) Act 2000, by 1 April 2004. This will have the powers and functions to enable it to undertake a key role in shaping the future of the Cotswolds AONB, building upon the success of the Partnership to date. The Board will be a robust, flexible and multi-purpose organisation, operating on the basis of accountability and partnership. It will be able to undertake a wide range of activities including countryside management, environmental education, special projects and provide an AONB perspective on development plans and proposals.

  2. The Partnership is now running an informal consultation for its constituent authorities and member organisations on the proposed duties, powers, functions, structure and general operating measures for the Board and the associated draft Establishment Order. The responses from this informal consultation will be considered by the Partnership at its March 2003 meeting.

    3. Background

  3. Land Use Consultants (LUC) were appointed by the Cotswolds AONB Partnership in June 2002 to research the proposal for a Conservation Board and report to the Partnership at its November meeting. The relevant extract from the LUC report is provided in Annex 1. LUC had previously undertaken a similar exercise for the Chilterns AONB.

  4. In liaison with The Countryside Agency and the Department for Environment, Food and Rural Affairs (DEFRA) legal consultants Bircham Dyson Bell were appointed in October to prepare a draft Establishment Order. A copy of the latest draft dated 3 January 2003 has been placed in the Members’ Resource Centre.

  5. At their meeting on 7 November 2002 the Cotswolds AONB Partnership resolved that:

    1. the Partnership continue to work towards the establishment of a Cotswolds Conservation Board by April 2004;

    2. the Partnership recommend to its constituent bodies that the Board should be established with the duties, powers, functions, structure and general operating measures outlined in the report from LUC, "Cotswolds AONB Conservation Board Establishment Order" and reflected in the draft Establishment Order proposed by Bircham Dyson Bell;

    3. officers from the Partnership’s constituent bodies should arrange for their organisations to consider LUC's report and the draft Establishment Order, and advise the Partnership of their views by 28 February 2003.

  6. This report is in response to the Cotswolds AONB Partnership’s request (5c above). At the same time the County Council is in a unique position as the Chilterns AONB is going through an identical process. The original timetables put the Chilterns AONB ahead of the Cotswolds process. However, delays have meant that the two AONBs are now running on parallel timetables and with virtually identical proposed draft Establishment Orders. Recognising this the two AONBs are working very closely together. This report focuses primarily on the Cotswolds AONB because of the specific request from The Partnership, although a summary of the Chilterns AONB position is also provided.

    7. Previous ‘in principle’ decisions

  7. The Executive discussed the principle of establishing a Cotswolds Conservation Board on 19 February 2002 and agreed to:

    1. support in principle the establishment of a Cotswolds Conservation Board, on the understanding that the Board will come into effect by 1 April 2004 at no additional cost to the authority, and

    2. support in principle the establishment of a ‘large model’ Conservation Board, comprising of 17 Local Authority and 8 Parish Council nominees and 16 Secretary of State appointments as recommended by the Cotswolds AONB Partnership.

  8. The Cotswolds AONB Partnership took this decision into account at its March 2002 meeting when it agreed to inform the Countryside Agency and DEFRA that ‘in principle, it wishes to establish a Cotswolds AONB Conservation Board and through the Agency and Department invites the Secretary of State (DEFRA) to commence the drafting of a Cotswolds Conservation Board Establishment Order’.

  9. Prior to consideration of the Cotswolds AONB Conservation Board the County Council had already approved in principle the establishment of a Chilterns AONB Conservation Board (Cultural Services Committee 2 October 2000). With unanimous support from the constituent local authorities a Shadow Conservation Board was subsequently established for that AONB pending its parliamentary order.

    10. The Establishment Order

  10. Under the CROW Act a Conservation Board is a statutory body established by an Order signed by the Secretary of State (DEFRA) with the approval of both Houses of Parliament. The Establishment Order will set out the duties, functions and powers of the Board and also make provision for matters such as the appointment of members, proceedings, records and documents of the Board, together with transitional provisions for the process of moving from the existing Partnership to the new Board.

  11. The draft Establishment Order for the Cotswolds AONB sets out as appropriate the content of the LUC report (see Annex 1) within the legal framework of an Order. The Solicitor to the Council has considered the draft Establishment Order and advises that it is appropriate to proceed on this basis. It is still a draft and as such it is expected to change on points of detail as it is considered further by DEFRA’s own lawyers (see The Next Steps below). There will be ongoing consultation with the Legal Services of all constituent authorities and the Solicitor to the Council will contribute as appropriate on any minor technical matters prior to a formal consultation from DEFRA.

  12. The LUC report (Annex 1) includes some issues that are considered too detailed for inclusion within the draft Establishment Order eg procedures relating to the appointment of members of the Executive Committee. The report enables the Partnership to provide advice on such issues to any future Board, for consideration when determining its standing orders.

    13. The Next Steps:

  13. The Executive’s views will be reported to the Cotswolds AONB Partnership and the collective views of all the constituent bodies will be considered at the next meeting of The Partnership on 27 March 2003.

  14. Subject to a clear majority of the member organisations of the Partnership being in favour of proceeding with the proposed Board the Partnership will advise DEFRA on the content of the Establishment Order and invite the Department to commence its formal consultation process.

  15. It is envisaged that the timetable for the establishment of a Cotswolds Conservation Board will be as follows:

    • 27 March 2003, Partnership meeting considers responses from constituent bodies and takes a formal decision on whether to proceed with the creation of a Board and the proposed content of its Establishment Order;

    • March/April 2003, Partnership advises DEFRA on the proposed content of any Conservation Board Establishment Order;

    • April – July 2003, DEFRA formally consults the Local Authorities and Countryside Agency on the proposed Cotswolds Conservation Board Establishment Order;

    • October – November 2003 Subject to a majority view of those consulted being in favour of the establishment of a Board and its Establishment Order the Secretary of State seeks the approval of both Houses of Parliament to the Establishment Order;

    • October 2003 – February 2004; DEFRA/Countryside Agency advertises for and oversees the recruitment of Secretary of State appointments to the Board. Local Authorities and Parish Councils similarly identify and appoint their nominees to the Board;

    • April 2004, Cotswolds Conservation Board is launched.

The Chilterns AONB

  1. The Chilterns Shadow Conservation Board have been working closely with the Cotswolds Partnership and the Countryside Agency and DEFRA in the process of planning for these first two Conservation Boards to be established under the provisions of the CROW Act 2000. The duties, powers, functions, structure and general operating measures envisaged for the Chilterns are virtually identical and due to a delay in the Chilterns timetable it now seems probable that the two Establishment Orders will be progressed by DEFRA to the same timetable, with a view to both Boards coming into being in April 2004.

  2. At their meeting on 14 November 2002 the Chilterns Shadow Conservation Board considered an indicative timetable, which envisaged informal consultation on a draft Establishment Order in March. Unless there are any differences of any significance between that draft order and the one now being considered for the Cotswolds AONB, which seems unlikely at this stage, there would not seem to be any need to consider it separately. It is recommended that the Director of Cultural Services, in liaison with the Solicitor to the Council, respond in the same way to any informal consultation on a draft Chilterns AONB Conservation Board Establishment Order.

  3. The formal DEFRA consultation on both Establishment Orders is scheduled for the summer and this will be reported to a future meeting of The Executive.

    4. Financial and Staff Implications

  4. Both the Cotswolds AONB Partnership and the Chilterns AONB Shadow Conservation Board are very aware of the financial situation of their constituent local authorities. However, the Countryside Agency has already agreed to fund 100% of any extra costs associated with the establishment and administration of a Board in both AONBs. In addition the increase in Agency grant aid from 50% to 75% following the CROW Act 2000 will allow further flexibility to meet other running costs. Consequently going forward with the Conservation Board option is seen as cost neutral for the constituent local authorities.

  5. The current level of officer time committed to advising and assisting the Cotswolds Partnership and the Chilterns Shadow Conservation Board through working groups, meetings etc will continue unchanged.

    6. RECOMMENDATION

  6. The Executive is RECOMMENDED to:

          1. support the establishment of a Cotswolds Conservation Board with the duties, powers, functions, structure and general operating measures outlined in ‘Proposals for The Cotswolds AONB Conservation Board Establishment Order’ and set out in the draft Cotswolds AONB Conservation Board Establishment Order;

          2. authorise the Director of Cultural Services, in liaison with the Solicitor to the Council, to respond in the same way to any informal consultation on a draft Chilterns AONB Conservation Board Establishment Order, subject to consultation with the Executive Members for Learning & Culture and Schools in the event that the draft is materially different from that for the Cotswolds AONB.

RICHARD MUNRO
Director of Cultural Services

Background papers: Report "Proposals for The Cotswolds AONB Conservation Board Establishment Order" (prepared by Land Use Consultants, LUC).

Draft Establishment Order (prepared by Bircham Dyson Bell).

Contact Officer: Keith Wheal, Countryside Services Manager. (01865) 810202

February 2003

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