south ayrshire community councils on-line training course 1
TRANSCRIPT
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South Ayrshire Community Councils
On-line Training Course
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Welcome
Welcome to the South Ayrshire Community Councils online training course.
This course has been designed to help you in your role as a Community
Councillor.
The course covers a number of areas and includes the roles and responsibilities of a Community Council, the role of the office bearers, the Community Council's role in relation to Planning and Licensing matters as well as the code of conduct, equalities and legal issues.
The Community Council Handbook/Scheme sits alongside this course and will be very important as a reference document for you during the course and throughout your time as a Community Councillor, and can be accessed below.
http://www.south-ayrshire.gov.uk/communitycouncils/handbook.aspx
Should you have any queries regarding the content of this course please contact your Contact Officer.
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User Guide
The course is set out in a powerpoint presentation but
based within a PDF for ease of access.• You click scroll using your mouse or use your arrow keys to move
forward a slide. You can also use the navigation panel on the left of the screen.
• There are hyperlinks contained throughout the presentation that link you to points within the course, documents or websites.
• For this reason, and the size of the presentation, it is best to view this as an online document and not to download this.
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Contents
Community Councillors Code of Conduct-p55-69
Section 1 – Getting Started
History of Community Councils -p10
Community Councils in South Ayrshire-p11
Roles and Responsibilities of Community Councils -p12-27
Membership-p28-32
Elections-p33-35
First Meeting following an Election–p36
Section 2 – Operational Guidance -p37
Community Council -Constitution -p38
Community Council Meetings –p39-40
Running an Effective Meeting -p-41-42
Minutes and Agendas-p43-45
Roles of the Community Council – Chair, Treasurer, Secretary-p46-54 Home
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Contents cont.
Section 3 – Equalities and Legal Issues - p70
Equalities -p71-73
Insurance and Liability- p-74-75
Data Protection -p76-77
Section 4 – Funds and Finance-p-78
Community Council Grant-p79
Day to Day Financial Management -p80
Financial Reporting Requirements -p81
Obtaining Funding–p82
Community Benefit –p83-86
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Contents cont.Section 5 – Planning Matters – p87
Planning Systems in Scotland –p88
The Purpose of Planning –p89
Development Planning -p90-91
Development Management–p92-94
Decision Making Processes -p95-96
Role of Community Councils-p97-98
Community Councils as a Statutory Consultee -p99
Participating in the Planning Process -p100
Commenting on Applications -p101
Further Reading on Planning Matters -p102
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Contents cont.
Section 6 – Licensing Matters–p103Background–p104
Grounds for Objection –p105
The Licensing Objectives–p106
Licensing and Community Councils–p107-108
Section 7 – Local Government –p109South Ayrshire Council–p110
Organisation of the Council–p111-112
Role of the South Ayrshire Councillor–p113
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Contents cont.
Section 8 – Community Engagement–p114How to Engage with your Community–p115-117
Encouraging Representation and Involvement–p118-119
Communication with the Council–p120
Getting Involved in other Forums–p121
Community Council Forums-p122
Section 9 – Further Training and Support-p123South Ayrshire Council Support–p124
Third Sector Support–p125
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Section 1: Getting Started
• History of Community Councils
• Community Councils in South Ayrshire
• Roles and Responsibilities of Community Councils
• Membership
• Elections
• First Meeting Following an ElectionHome
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History of Community Councils
• A framework for setting up Community Councils in Scotland was created by the Local Government (Scotland) Act 1973 This was updated by the 1994 Act.
• Under the Act it is the Local Authority's responsibility to draw up aScheme for setting up Community Councils within their area.
• The Scheme sets out the framework under which Community Councils can be formed and how they will operate.
• Community Councils have a unique status. They are voluntary bodiesbut are created within a statutory framework.
• Community Councils are one of the principle mechanisms of public participation in Scottish Local Government and exist to express the views of the local community to the Local Authority and other public bodies. Home
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Community Councils in South Ayrshire• Alloway and Doonfoot• Annbank and Coylton• Ballantrae• Barr• Barrhill• Belmont and Kincaidston• Colmonell and Lendalfoot• Craigie• Crosshill, Straiton and Kirkmichael• Dailly• Dundonald• Dunure• Forehill, Holmston and Masonhill• Fort, Seafield and Wallacetown• Girvan and District• Kirkoswald, Maidens and Turnberry• Loans• Maybole• Mossblown and St Quivox• Newton and Heathfield• North Ayr
• Prestwick South• Prestwick North• Pinwherry and Pinmore• Symington• Troon
Not operating:
•Monkton•Minishant•Tarbolton
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Roles and Responsibilities ofCommunity Councils
• Community Councils are one of the principle mechanismsof public participation in Scottish Local Government.
• They exist to act as a voice for the local community and to co- ordinate and express these views to the Local Authority and other public bodies.
• Community Councils have a key role in consultations on planningand liquor license applications.
• In addition to these key roles, most Community Councils also carry out a range of activities that are in the interests of their local community.
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Roles and Responsibilities of Community Councils cont.
• The statutory purposes of Community Councils, as set outin the Local Government Acts, is as follows:
“In addition to any other purpose which a Community Council may pursue, the general purpose of a Community Council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of thatcommunity as appears to it to be expedient and practicable.”
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Roles and Responsibilities of Community Councils cont.
• As a Community Councillor it is important that you recognise from the outset that you are required to play a role in your Community. This simply means NOT offering your own views and opinions on local issues, or taking decisions that are based on your own self-interest
• The role of the Community Councillor is one that requires you to represent the views of your community, or your section of the community. In practice, this will involve discussing issues with people in the community to clarify their views and assess the strength of feelings on different topics
• It is also a good idea to encourage people to bring issues to you so that you can take them up at community council meetings. Try to check out the facts, however, before taking matters to the community council, and if there are two sides to the story, make sure that both of them are put forward. There is little point in taking up time at meetings to discuss problems that are based simply on misunderstandings or misrepresentations of the facts
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Roles and Responsibilities of Community Councils cont.
• At some point it may be that you will find some conflict between your own personal views and interests and those of the community that you are representing. If such a situation does arise, try and make sure that the views of the community take precedence. Experience shows that if the views of individuals on the community council are allowed to take priority then the community will very quickly lose confidence in the community council and its work may subsequently be devalued.
• In some instances, it may be necessary and appropriate to declare an interest in the matter under discussion and to withdraw from that debate and decision making.
• The task of any community council is to identify the needs and aspirations of its community and to take decisions that will lead to appropriate action in that community. At some point this might involve setting priorities on the competing or conflicting needs of different sections of the community.
• Competition and conflict are normal in any community, so you shouldn’t think of them as something that can be altogether avoided. What is important is that you approach competition or conflict in a fair and reasonable manner. This means taking a balanced
view of your community’s needs and aspirations and giving a fair hearing to representatives from different interest groups in your community. In particular, you should try to avoid being influenced by prejudice or bias, whether in the sphere of race, religion, gender or any other of the ‘labels’ which get attached to people and to local issues.
Dealing with conflict toolkit is available :www.communitycouncils.org.uk/
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Roles and Responsibilities of Office Bearers
• The Chair has perhaps the most important single role to play in ensuring that community councilMeetings run smoothly. But even a good Chair will find the task exhausting unless all the members of the community council give the role appropriate respect and support.
• The Chair is elected in accordance with the rules set out in the community council’s own Constitution. Your Secretary should be able to provide you with a copy. The Constitution is very important because it provides the framework of procedures that will govern the work of your community council.
• In essence, the Chair’s job is to make sure that decisions are taken on all of the items that are on the Agenda. In practice, this usually means that the Chair will have to make judgements about how much time to allocate to each Agenda item. It also means that he or she may occasionally have to bring speakers back to the Agenda and generally encourage people to make their contributions brief and to the point.
• In regular meetings the role of the Chair is a formal one, all speakers will be expected to address their comments to the chair. This helps the Chair to keep control of the discussion-this may be described as an enabling role. The extent to which a Chair adopts one or the other of these will depend upon the circumstances at a particular time or occasion. Set out below are the characteristics of the two approaches.
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Roles and Responsibilities of Office Bearers
• Perhaps most importantly of all, the Chair is expected to know the rules by which the community council functions, and ensure that at all stages of its work the community council is operating in accordance with any procedures that are set down. In this context the Chair may be called upon to act as an arbiter when there is a disagreement about how the rules should be interpreted.
• It is important to recognise that the Chair’s role extends outwith the meeting itself. The Chair may be called upon to act on behalf of the community council between meetings, or to represent the community council in dealing with outside bodies. This role may also be delegated by the community council to other office bearers or members.
• Very often the Chair is seen as the ‘official’ spokesperson for the community council and must be seen as authoritative and fair in all of their dealings with outside bodies, groups, individuals and the press.
Formal Role and Enabling Role
During meetings, the Chair can be described as having two main roles-formal and also enabling.
The following table details the various elements of these roles:Home
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Formal Role & Enabling Role of Chairperson
The Formal Chair The Enabling Chair
General role and responsibilities
Ensure fair play Have an overview of the task/goals of the meeting
Stay in charge Help to clarify goals
Remain neutral Help the group to take responsibility for what it wants to accomplish and to carry out its tasks
Have little emotional investment
Agenda and Timekeeping
Open the meeting Run through the agenda at the beginning and get the meeting’s approval for it
Introduce all agenda items Arrange in advance for someone to introduce each agenda item
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Formal Role & Enabling Role of Chairperson
The Formal Chair The Enabling Chair
Be familiar with all agenda items Update latecomers
Get through the agenda in allotted time Keep track of the time
Evaluate how the meeting went
Discussion
Select speakers Encourage and help all to participate
Summarise discussion Encourage expression of various views
End discussion Encourage people to keep to the subject
Ensure that people keep to the subject Clarify and summarise discussion
Make it safe to share feelings
Suggest ways of handling conflict
Decision making and voting
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Formal Role & Enabling Role of Chairperson
The Formal Chair The Enabling ChairEnsure decisions are taken and agreed Suggest structure for decision making
Decide when to and conduct the vote Look for and test areas of agreement
Rules
Check that the meeting has been called in accordance with the rules
Have thorough knowledge of the rules
Rules on points of order and procedure
Outside the meeting
Act on behalf of the organisation
Pursue decisions made in meetings
Represent the Council to outside bodies
Ensure someone will carry out decisions Ensure that responsibility for action is allocated
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Role of Vice Chairperson
The Vice Chairperson’s primary role is to deputise for the Chairperson in his/her absence.
The Vice Chairperson will be required to conduct the business of a Community Council meeting in the absence of the chairperson
The Vice chairperson may be asked to represent the Community Council at external events in the absence of the Chairperson
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Role of Secretary
The secretary is responsible for:The Agenda
The Minutes of the meeting
Answering all correspondence
Writing letters
Circulating information to Members
Public relations, dealing with the press, TV and radio (the community council could decide to delegate this role to the Chair or dedicated media rep)Looking after invited visitors and guest speakers
Arrange the venue for meetings
Liaison with officials of the local authority and other agencies
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Role of Secretary Cont.
To be successful, a Community Council must have an energetic and conscientious Secretary prepared to put in the necessary time and effort . It is more than desirable for all members, but especially the Chair, to spread the secretary’s load by, for instance , delegating some of his or her responsibilities to others, either individually or to small sub-committees. It is bad policy to overload your secretary-you might find it difficult getting volunteers! The duties may be allocated to more than one person, for instance having someone to act as Minute Secretary –taking minutes at meetings
It is essential that the Secretary has access to word-processing and photocopying facilities
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Role of Treasurer
The Treasurer is responsible for:
issuing all cheques and making payments on behalf of the Community Council and any charities and/or other funds dispersed by the Council managing the bank account, account for all funds received, and ensure money is only spent in a manner approved by the Community Council members as recorded in the minutesmaintaining the Community Council’s financial records so that they disclose, with reasonable accuracy at any time, the financial position of the Community Councilensuring cheques are signed by two persons authorised by the Community Council members as recorded in the minutes, and notified to the bank in writing. It is good practice to have more than two authorised signatories , in the event of someone being unavailable at short notice. As a general rule, Treasurers should avoid paying out money except by cheque. This makes accounting for expenditure much easier
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The Role of the Planning Contact.
The Planning Contact:
The person appointed to be Planning Contact will receive from South Ayrshire Council a list of planning applications. This list may contain applications relating to the area of the Community Council. Further information on dealing with Planning applications is contained in Section H – Planning.
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The Role of the Licensing Contact.
The Licensing Contact:The person appointed to be Licensing Contact will receive from South Ayrshire Council an email informing of RELEVANT licensing applications within their Community Council boundary.
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The Role of Elected Representatives.
The Role of Elected Members:
All Elected Members whose Electoral Ward comprises all or part of the area of the Community Council are entitled to be present at Community Council meetings by virtue of their office as Councillor, often referred to as ex officio. Similarly MSPs, MPs and MEPs are entitled to be present. The Elected Members of South Ayrshire Council can inform Community Councils of the work initiatives and activities of South Ayrshire. They are in a unique position to advise the Community Council, should be encouraged to take part in debate, but must declare an interest in an item, if appropriate, in the same way as Community Councillors. As elected representatives usually have more than one Community Council within their area and in view of the other commitments to which elected representatives may have to attend, it may not be possible for them to be present at meetings of the Community Council.
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Membership
Under the Council Scheme membership of a CommunityCouncil is determined as follows:• Core membership of 7• One additional member per thousand of population, up to
the maximum 13• Where the population density is less than the South Ayrshire
average of 91/sq km, a Community Council will have one additional member, up to the maximum 13
• Maximum membership of 13
• The membership of each Community Council is set out at Appendix 2 of the Handbook/Scheme. No Community Council shall exceed this membership level.
• http://www.south-ayrshire.gov.uk/communitycouncils/handbook.aspxHome
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Membership cont.
To qualify to be a member of a Community Council and to votein a Community Council election, individuals :
• Must be named on the electoral register for the area
• Must reside in the Community Council area
• Must be 18 years or over
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Membership cont.
Co-opted Members section F Scheme• Individuals can be 'co-opted' to serve on a Community Council to
fill vacancies• They must qualify to be members of the Community Council• Co-opted members must be voted on to the Community Council by
a two thirds majority• Co-opted members shall have full voting rights, bar the appointment
ofother co-opted members
• Co-opted members may not exceed a total of one third of the total possible Community Council membership
• www.south-ayrshire.gov.uk/communitycouncils/handbook.aspxHome
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Membership cont.
Additional Members• Specialist co-option – Individuals can be appointed in addition to the
membership of the Community Council where there is a need for individuals with a specific skill. They need not be resident in the area, will have no voting rights and will serve for a fixed period.
• Ex-officio Members - ex-officio means by right of position or office. Therefore any South Ayrshire Councillor, MP, MSP or MEP whose ward falls within the Community Council area can be an ex-officio member. They will have no voting rights and cannot stand for the Community Council.
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Membership cont.
• Disqualification of membership of a Community Council can occur in two ways:
1. An individual who no longer resides within the Community Council area and/or whose name has been removed from the electoral role, shall be considered to no longer be on the Community Council.
2. If a Community Councillor fails to attend three consecutive Community Council meetings, without reasonable cause or prior notification, then the individual will no longer be considered to be part of the Community Council unless the absence has been approved by the Community Council e.g. an unavoidable absence due to sickness.
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Community Council Elections
• Elections to Community Councils take place on a three yearly cycle
• The Council will administer all elections and they will be undertaken on an authority wide basis
• Elections will be by postal ballot• Community Councillors will be elected on a simple majority basis• Community Councils require to receive nominations equalling
or exceeding HALF of their total membership in order to continue operating.
• The first elections taking place under the Scheme took place in 2004. The next scheduled full elections will take place in 2016.
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Community Council Elections cont.
Filling of vacancies between elections:
Vacancies on a Community Council may arise when someone resigns, moves outwith the area or is disqualified Definition Section B Scheme
If the vacancy results in the number of Community Councillors falling below half of the maximum permitted membership then• The Community Council may choose to fill the vacancy by co-opting
someone • Where this does not occur an interim election can be held which South
Ayrshire Council will administer in accordance with section E10.2 of Scheme.
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Community Council Elections cont.
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First Meeting following an Election
• The first meeting of a Community Council following an election will be called by the Returning Officer.
• It will take place 21 days following an election or as soon as practicable.
• Office bearers – a Chair, Vice Chair, Secretary and Treasurer and any other such office bearers, as it shall from time to time decide – will be elected at the first meeting following an election.
• Planning & Licensing contacts may also be appointed at this meeting, these postholders are not office bearers.
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Section 2: Operational Guidance
• Community Council Constitution
• Community Council Meetings – Standing Orders
• Running an Effective Meeting
• Minutes and Agendas
• Roles of Community Council Office Bearers– Chair, – Vice Chair– Treasurer– Secretary
• Community Councillors Code of Conduct
– Code of Conduct and its Principles– Declaration of Interests– Code of Conduct in Practice– Documents available
– www.south-ayrshire.gov.uk/communitycouncils/handbook.aspx
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Community Council Constitution• A constitution (sectionK-Scheme) is an important document as it sets
out the aims and responsibilities of an organisation and also how it will operate.
• The Community Council constitution sets out details about the day to day running of the Community Council e.g. filling casual vacancies, the voting rights of members, how to elect office bearers, details about running meetings of the Community Council and control of finance.
• A Community Council can only make changes to the constitution with written agreement from South Ayrshire Council.
• Changes requested will be considered on their merits however it is important that Community Councils across South Ayrshire operate using the same constitution as far as possible.
• The Community Council constitution can be found at:
• www.south-ayrshire.gov.uk/communitycouncils/handbook.aspx
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Community Council Meetings
• There can be three types of Community Council meeting:– Ordinary– Annual General (AGM)– Special General-may be convened by the Community Council for the purpose
of considering matters of interest or importance, these may at the Community Councils discretion, be held at public meetings. No more than 4 such meetings can be called between AGM’s
• The Community Council standing orders ensure that all meetings are conducted appropriately and effectively. They set out:– Order of business– Order of debate– Voting
• The quorum for all Community Council meetings shall be no less than half of voting members. (rounded up in the event of an odd number ) The standing orders can be found at appendix four of the documentation. www.southayrshire.gov.uk/communitycouncils/handbook.aspx Home
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Community Council Meetings cont.
• Community Councils will hold a minimum of six ordinarymeetings per year.
• An Annual General Meeting will be held during the month of May.• Special Meetings can be called by the Chair, by the written request of at
least half of all Community Councillors or on receipt of a written request from 20 members of the Community.
• All decisions of the Community Council will be decided by a simple majority vote (with the exception of decisions relating to co-option, alterations to the constitution and dissolution).
• The Chair will have a second and casting vote should there be a tie.• Every motion or amendment shall be moved and seconded.• Office bearers – Chair, Vice Chair, Secretary and Treasurer – will be
elected for one year at the AGM but shall be eligible for re-election annually
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Running an Effective Meeting
result in people being unwilling to participate.
Key points in ensuring Community Council meetings
are effective:• Members attend and participate – if members fail to attend three
consecutive meetings without reasonable cause then they will no longer be on the Community Council.
• Have a clear agenda and ensure members stick to it, however theChair may take items out of order.
• Meetings are well controlled and ordered by the Chair. The Chair shall have the power to adjourn the meeting if there is disorder.
• Ensure actions are followed up.• Do not allow meetings to run on too long – this can be frustrating and
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Running an Effective Meeting cont.
Key points in ensuring Community Council meetings are effective:
• All meetings are open to the public – on rare occasion items of business can be taken in private should it be relating to an individual or matters of a sensitive nature but this must not be the norm and the decisions from that item must be made public.
• Notices informing the public when meetings are taking place should be displayed locally at least seven days before a meeting – details should also be sent to South Ayrshire Council and any ex-officio members.
• A Community Council meeting is a formal meeting conducted in public – the public are not allowed to speak whenever they wish, however the public should be given an opportunity to contribute during meetings. This is important as a Community Council needs to be responsive to its community.
• The order, relevance and competence of contributions from the public shall be determined by the Chair
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Minutes and Agendas
Agendas
• An agenda will be required for every meeting. This will be drawn up by the Secretary in consultation with the Chair.
• Standing orders set out the core business items which should always be on the agenda of each meeting, these include:– Minute of the previous meeting– Written financial report from the Treasurer– Questions from the public
• Other possible areas to consider would be:– Correspondence– Would any ex-officio members like to make a statement?
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Minutes and Agendas
Agendas cont.
• The Secretary and the Chair should consult with other Community Council members who may also have suggestions for items. It is good practice for members to have any suggestions for items prior to the agenda being circulated.
• The Secretary and the Chair will need to consider which items are a priority – it is important not to overload an agenda –could some be dealt with in some other way or some other time?
• A draft agenda will be circulated 7 days prior to the date of the meeting. This should also be circulated to South Ayrshire Council and any ex-officio members.
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Minutes and AgendasMinutes
• The minute of the meeting is very important as it will set out what decisions the Community Council has taken.
• The Secretary will take a minute of each Community Council meeting.
• The minute should summarise the view of the Community Council and the actions to be taken.
• Draft minutes should be circulated to Community Council and ex officio members and South Ayrshire Council within 14 days of a meeting taking place.
• If a Community Council wishes they may choose, provided no members requests an amendment to the draft within a set time period,
to display the draft minutes to the public. Such minutes should be clearly marked as draft.
• In any event, once minutes are agreed they should also be made available to the wider public. Home
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Role of the Community CouncilChair
• To Chair the meetings of the Community Council.• To be the spokesperson for the Community Council between
meetings - the official 'voice' of the organisation - the Chair must be careful to reflect the Community Council's views not simply their own opinion.
• To liaise closely with the Secretary about dates / arrangements / agenda for meetings.
• He or she must be well prepared before the meeting and ensure that they are aware of possible controversial or delicate items on the agenda.
• He or she must know all the rules by which the Community Council functions.
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Role of the Community CouncilChair cont.
• The Chair must appreciate that in this position there may wellbe less opportunity to voice his/her own opinions.
• The Chair needs to get to know all members of the organisation so as to be able to recognise the 'strong 'and 'weak’ member s.
• It is his or her particular responsibility to put at ease new members attheir first meetings and to encourage participation by all.
• A good Chair will know the goals for each meeting and will not allow time to be wasted. He or she must develop a sensitivity as to when discussion is no longer 'fruitful‘ and bring such discussion to a meaningful conclusion.
• All speakers at a Community Council meeting will address their comments to the Chair
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Role of the Community CouncilTreasurer
• The Treasurer must maintain the financial records of theCommunity Council in accordance with the financial templates provided by South Ayrshire Council – this will include cashbook, bank statements invoices and/or receipts.
• He/she will submit regular financial reports to each meeting of theCommunity Council.
• He/she will arrange for the year's accounts to be independently checked and certified, (note: there is no need for them to be audited)
• The Treasurer will annually present the certified financial report to the Community Council AGM.
• The financial templates can be found at appendix 6 of the documentation. www.south-ayrshire.gov.uk/communitycouncils/handbook.aspx
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Role of the Community CouncilTreasurer cont.
• The role of the Treasurer is different to that of other Office Bearers or members. Because the Treasurer is dealing with the finances of the organisation, he or she holds considerable responsibility yet has no absolute power over the way in which financial resources are used.
• The Treasurer will have an understanding of the financial affairs of the organisation and should be able to explain in easily understood terms the organisation's financial position both immediately and projected to the foreseeable future, so that policy decisions can be made by the whole Community Council in full knowledge of the financial implications of pursuing those policies.
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Role of the Community CouncilSecretary
as an individual.
The Secretary has several key tasks:
Correspondence• The Secretary will receive all correspondence both in and out and
this must be noted on the agenda for the forthcoming regular meeting.
• The Secretary will take the correspondence to the meeting for discussion, reading out any important letters, making other correspondence available as required.
• No filing of current correspondence should be done until after the Community Council has received and approved both inward and outward mail.
• The Secretary needs to ensure that any correspondence he/shesends out is on behalf of the Community Council and not from them
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Role of the Community CouncilSecretary cont.
• A draft agenda will be circulated 7 days prior to the date of themeeting by the Secretary.
Membership List:• The Secretary should keep this up to date. It needs to include
full details of all members in order to send out agendas and minutes.• The Secretary should keep the council up to date with any
change in contact details of members.
Preparing the Agenda:• The Secretary will need to check through the minutes of the
previous meeting to ensure all instructions from that meeting have been carried out.
• The Secretary should consult with the Chair when drawing up the agenda and consider any suggestions or comments from other Community Council members.
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Role of the Community CouncilSecretary cont.
Minute Taking:• This is an important job providing a record of the discussion and decisions.• Tips for good minute taking include: be prepared, be accurate, write up minutes
soon after the meeting takes place, be objective and ensure decisions taken are recorded.
• The minute should summarise the discussion of the Community Council and the actions taken, it does not need to be a word for word record.
• The Secretary will circulate draft minutes to Community Council members andSouth Ayrshire Council within 14 days of a meeting occurring.
• In the past some Community Councils have wanted to appoint an additional person to act as a minute secretary. This individual is someone who is not a member of the Community Council and is present only to take the minutes of a meeting. They do not have any voting rights and are there in addition to the
Community Council Secretary. The new Scheme allows for this practice tocontinue but in the majority of cases the Community Council Secretary will also take the minutes.
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Role of the Community CouncilSecretary cont.
Record Keeping:• The Secretary is responsible for retaining all Community
Council records for an appropriate period.• -Minutes and agendas: Community Councils have an
obligation to make their Minutes and Agendas available to the community. Community Council minutes are within the Archive Service's collection policy. Records can be transferred into the care of the South Ayrshire Archive Service as a deposit where the Community Councils would retain ownership of the records.
• -Financial Records: financial records should be kept for six years plus the current year.
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Role of the Community CouncilSecretary cont.
• Record Keeping cont.:• Correspondence: There is no definitive guidance on this. Retention
depends upon the nature of the correspondence, for example if the correspondence is related to a complicated planning matter it would be advisable to keep this for longer. Records Management are happy to advise on specific issues.
• Community Councils are required to comply with the Data Protection Act (full details later in the course) and there are specific requirements around this on how you manage your data. More details of this can be found in the Data Protection Guidance document that can be accessed:
• http://www.south-ayrshire.gov.uk/communitycouncils/handbook.aspx
• Records Management are happy to provide advice on this area.• Contact: [email protected] or telephone 01292 521819
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Code of Conduct and its Principles
• The Code of Conduct for Community Councillors is based largely on the ‘Code of Conduct for Local Authority Councillors'. It is based on 9 key principles:– Service to the Community (Public Service)– Selflessness– Integrity– Objectivity– Accountability and Stewardship– Openness– Honesty– Leadership– Respect
• A copy of the full Code of Conduct can be found at appendix five of the documentation. http://www.south-ayrshire.gov.uk/communitycouncils/handbook.aspx
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Code of Conduct and its Principles
Service to the Community
As a community councillor you have a duty to act in the interests of the local community, which you have been elected or nominated to represent.You also have a duty to act in accordance with the remit of South Ayrshire Council’s Scheme for the Establishment of Community Councils (the ‘Scheme’), set out under the terms of the Local Government (Scotland) Act 1973.You have a duty to establish and reflect, through the community council, the views of the community as a whole, on any issue, irrespective of personal opinion.You should ensure that you are, within reason, accessible to your local community and local residents.Various mechanisms to enable the general community to express their views, i.e. suggestion boxes, Community surveys, opinion polls should be made available where appropriate.
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Code of Conduct and its Principles
• A copy of the full Code of Conduct can be found at appendix five of the handbook.
Selflessness
You have a duty to take decisions solely in terms of the interests of the community that you represent.You must not use your position as a community councillor to gain financial, material, political or otherpersonal benefit for yourself, family or friends
http://www.south-ayrshire.gov.uk/communitycouncils/handbook.aspxHome
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Code of Conduct and its Principles
Integrity
You must not place yourself under any financial or other obligation to any individual or organisation that might reasonably be thought to influence you in your representation of your community.If you have any such private and/or personal interest in a matter to be considered by the community council, you have a duty to declare this and if deemed necessary by other members, withdraw from discussions and the decision making process with regard to that matter.You should not accept gifts or hospitality that may be seen to influence or be intended to influence your opinion or judgement. The offer and/or receipt of any gifts, regardless of form, should always be reported to and noted by the Secretary and Treasurer of the community council.
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Code of Conduct and its Principles
Objectivity
In all your decisions and opinions as a community councillor, you must endeavour to represent the overall views of your community, by taking account of information which is provided to you or is publicly available; assessing its merit and gathering information as appropriate; whilst laying aside personal opinions or preferences.You may be appointed or nominated by your community council to serve as a member of another representative body. You should ensure that this Code of Conduct is observed when carrying out the duties of the other body.You are free to have political and/or religious affiliations; however you must ensure that you represent the interests of your community and community council and not the interests of a particular political party or other group.
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Code of Conduct and its Principles
Accountability and Stewardship
You are accountable for the decisions and actions that you take on behalf of your community through the community council. You must ensure that the community council uses its resources prudently and in accordance with the law.Community councillors will individually and collectively ensure that the business of the community council is conducted according to South Ayrshire Council’s Scheme.Community councillors will individually and collectively ensure that annual accounts are produced showing the financial undertakings of the community council as set out in South Ayrshire Council’s Scheme.Community councillors must also ensure that all resources are used efficiently, effectively and fairly and are used strictly for the purposes of community council business and for no other purpose.Minutes of meetings recording all actions and decisions made should be produced and circulated to all members of the community council as soon as possible after each meeting and no later than seven days prior to the next meeting .
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Code of Conduct and its Principles
Openness
You have a duty to be open about your decisions, actions and representations, giving reasons for these where appropriate. You should be able to justify your decisions and be confident that you have not been unduly influenced by the views and/or opinions of others.If you have dealings with the media, members of the public, or others not directly involved in your community council, you should ensure that an explicit distinction is made between the expression of your personal views and opinions from any views or statement made about or on behalf of the community council.
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Code of Conduct and its Principles
Honesty
You have a duty to act honestly. You also have an obligation to work within the law at all times. You must declare any private interest relating to your community council duties and take steps to resolve any conflicts arising in a way that protects the interest of the community and the community council.
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Code of Conduct and its Principles
Leadership
You have a duty to promote and support the principles of this Code of Conduct by leadership and example, to maintain and strengthen the community’s trust and confidence in the integrity of the community council and its members in representing the views and needs of the local area. You must also promote social inclusion and challenge discrimination in any form.You should act to assist the community council, as far as possible, in the interest of the whole community that it serves. Where groups’ concerns are in conflict with those of other groups or other areas you should help to ensure that the community council is aware of them.
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Code of Conduct and its Principles
Respect
You must respect fellow members of your community council and those that you represent, treating them with courtesy, respect and in a non-discriminatory manner at all times. This should extend to any person, regardless of their position, you have dealings with in your capacity as a community councillor.Recognition should be given to the contribution of everyone participating in the work of the community council. You must comply with Equal Opportunities legislation and ensure that equality of opportunity be given to every participant to have their knowledge, opinion, skill and experience taken into account.You should ensure that confidential material, including details about individuals, is treated as such and that it is handled with dignity and discretion and is not used for personal, malicious or corrupt purposes.
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Code of Conduct cont.
• The principles are values that everyone would hope to stand bybut because Community Councillors are elected representatives of their communities it is important that you are and, just as importantly, are seen to be adhering to the principles of the Code.
• Public expectations are very important – as an elected representative your conduct needs to be above reproach as otherwise the integrityof the Community Council will be questioned and your credibility as a Community Councillor.
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Declaration of Interests
The code also sets out what is meant by Declaration of
Interests:• Interests include financial interests and non-financial interests you
have or perhaps someone close to you might have. The critical test is whether someone may think that your interest may influence a decision you are going to take.
• If your interest is financial then you should withdraw from the meeting and not take part in the discussion. If it is non-financial then you have to consider how your decisions or actions could be viewed. You can stay but you should not take part in the discussion.
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Declaration of Interests cont.
• As an elected representative, you must be seen to becompletely transparent in your decision making. The Code is there as a tool to help you to consider how someone else might perceive your actions. If you have a question or concern, then think about the code and how your actions could be interpreted.
• When considering planning and liquor license applications, if you have an interest, whether financial, non-financial or personal then you should refrain from taking part in the discussion.
• If, as an individual, you have submitted an objection to a planning or licensing application, then you should not take part in any discussion the Community Council may have on that application. Home
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Code of Conduct in Practice
The Code in Practice:
• The Code only applies when you are acting on behalf of the Community Council – either at a Community Council meeting or conducting Community Council business between meetings.
• For example, if you are attending a meeting on behalf of the Community Council or undertaking a project for the Community Council you should ensure that your behaviour complies with the principles of the code.
• It is important that even outwith Community Council meetings, if you are representing the Community Council, you declare any interests that could be misinterpreted. Failure to do so may lead people to question your integrity and that of the Community Council.
• Should you wish guidance on your responsibilities under the Code, you should contact the Community Council administrator in the first instance. Home
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Code of Conduct in Practice
• The Code only applies when you are acting on behalf of the Community Council – either at a Community Council meeting or conducting Community Council business between meetings.
• For example, if you are attending a meeting on behalf of the Community Council or undertaking a project for the Community Council you should ensure that your behaviour complies with the principles of the code.
• It is important that even outwith Community Council meetings, if you are representing the Community Council, you declare any interests that could be misinterpreted. Failure to do so may lead people to question your integrity and that of the Community Council.
• Should you wish guidance on your responsibilities under the Code, you should contact the Community Council administrator in the first instance.
• A copy of the full Code of Conduct can be found at appendix five of the documentation. http://www.south-ayrshire.gov.uk/communitycouncils/handbook.aspx
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Section 3:Equalities and Legal Issues
• Equalities & Diversity
• Insurance and Liability
• Data Protection
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Equalities
• The Equality Act 2010 came into effect from 1st October 2010. It’s purpose was to simplify the large volume of equality legislation into one piece of legislation and harmonise upwards the levels of protection to modernise equality law and make it fit for the 21st century.
• The Act protects people from discrimination, harassment and victimisation on the basis of ‘protected characteristics. The protected characteristics are:
Age Disability Sexual orientation
Marriage and Civil Partnership Religion and Belief Pregnancy and Maternity
Sex Race Gender re-assignment
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Equalities cont.
• Everyone has a responsibility to ensure people are not discriminated against
• As bodies representing their communities, Community Councils particularly need to think about ensuring people are not discriminated against.
• Developing good practice around equality of opportunity is something all Community Councils need to consider in order to represent communities and remove barriers to participation.This should cover working with employed staff, volunteers, delivering services and dealings with the public.
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Equalities cont.Principles for Community Councils
• Equality is not about treating everyone the same but about providing opportunities for everyone and taking individual needs into account.
• Promoting 'good relations' is about respecting differences in culture, background and experiences, it is not about always having the same views.
• Ensure that meetings take place in accessible buildings at times that suit everyone and are advertised in places used by everyone.
• Reach out to groups whose voices are not always heard, find out what their experiences are of living in their community – e.g. invite a speaker or run an event in partnership.
• Be clear that the Community Council will not support direct or indirect discrimination, harassment, victimisation or any action that may exclude people because of any of the protected characteristics. If you would like more information on Equalities & Diversity you may find the following link useful:://www.gov.uk/equality-act-2010-guidance Home
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Insurance and Liability
• Public Liability Insurance cover for Community Councils has been set upthrough South Ayrshire Council's insurers.
• The insurance team is sent the invoice by Zurich and is coded appropriately .
• Community Councils can choose to arrange their own insurance butthey need to inform the Council and provide detail of their alternative provider.
• Community Councils are responsible for arranging appropriate cover for all assets, the actions of the Community Council and the actions of an individual Community Councillor.
• Should you have any queries regarding insurance contact the Risk & Insurance team on 01292 612823
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Insurance and Liability cont.
• Community Councils do not have limited liability thereforeany assets, including property, are held in the names of the office bearers.
• This does put these individuals at considerable risk and would not be advised as a suitable approach by South Ayrshire Council.
• In order to overcome these challenges, Community Councils can contact their local Third Sector provider (VASA). They can advise on how to address this issue such as setting up an organisation which offers limited liability for its members, known as an Arms Length Organisation.
• Contact: VASA www.voluntaryactionsouthayrshire.org.uk
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Data Protection
• Under the terms of the https://www.gov.uk/data-protection/the-data-protection-act anyorganisation handling personal data needs to ensure that it is managed and stored appropriately.
• Personal data means any information by which it is possible to identify a living individual – so this could simply be the names and addresses of Community Councillors.
• Processing personal data means acquiring it, storing it, amending it etc• In 2008 the UK Information Commissioner determined that Community
Councils who process personal data were required to register as data controllers as set out in the Data Protection Act 1998.
• If a Community Council processes any personal data electronically then they would be required to register with the Information Commissioner as a data controller.
• It is very likely that all Community Councils will be required to register. Home
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Data Protection cont.
• Community Councils must decide themselves whether or not theyneed to register with the Information Commissioner. It costs £35 to register and there is provision within the administrative grant to cover this.
• Important: It is a criminal offence to process personal data without having first notified the Commissioner.
• A briefing note was produced by the Information Commissioner in conjunction with the Association of Scottish Community Councils. This can be accessed: https://www.gov.uk/data-protection-register-notify-ico-personal-data
• Notification Helpline on 01625 545 740
• Note: The Information Commissioner should not be confused with the Scottish Information Commissioner who is responsible for Freedom of Information. Community Councils are not subject to Freedom of Information
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Section 4: Funds & Finance
• Community Council Grant
• Day to Day Financial Management
• Financial Reporting Requirements
• Obtaining Funding
• Community Benefit– Community Benefit Background– South Ayrshire Council Policy– Community Benefit in Practice– Community Benefit and Community Councils Home
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Community Council Grant
• Community Councils receive an annual administrative grant from the Council.
• The grant is to cover:
– Meeting expenses – including venue hire and advertising
– Administrative expenses – stationery, postage, photocopying, telephone/IT expenses, subscriptions e.g. Information Commissioner
– Travel and subsistence – including travel expenses
– Secretarial honorarium
• The administration grant should only be used for administrative or secretarial expenses necessarily incurred on behalf of the Community Council Home
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Day to Day Financial Management
.
• The financial year for the Community Council will be the 1st April to 31st
March.
• The Community Council must open a bank account in their name.
• There need to be two authorised signatories for all financial transactions – these would normally be the office bearers.
• Authorised signatories must not be members of the same household.
• All expenditure must be approved by the Community Council, thedetails recorded and proof of expenditure retained.
• The financial records of the Community Council should be recorded on the financial templates provided by South Ayrshire Council.
• This will also include a cashbook, bank statements, invoices and or receipts and also a register of all Community Council assets
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Financial Reporting Requirements
• A written financial report requires to be submitted to each meeting of the Community Council.
• The final year accounts for the Community Council need to be independently checked and certified prior to being submitted for approval at the Community Council AGM.
• Accounts do not need to be formally audited.• Following the AGM the accounts should be submitted to
South Ayrshire Council. The grant will then be paid.• Community Councils can apply for funding for specific projects
through the Council’s grant system and from other external bodies.
• The financial reporting templates can be found at appendix 6 of the documentation. http://www.south-ayrshire.gov.uk/communitycouncils/handbook.aspx
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Obtaining Funding
• In addition to the grant provided by South Ayrshire Council,Community Councils are able to apply for funding from the Council's grant process or other organisations in order to undertake projects within their local area.
• The Community Council may also choose to fundraise locally toaccess funding for projects.
• Information on potential funding sources can be accessed on: www.open4community.info/southayrshire
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Community Benefit - Background
What is Community Benefit?
Community Benefits in Procurement have developed over a period of around 20 years with a particular focus on generating training and employment opportunities for the most disadvantaged groups in the labour market, initially focussing on long term unemployed residents of regeneration areas where physical investment in homes and other local assets created the potential. Over time the focus has moved strongly towards supporting the young unemployed as the recession has intensified pressure on this specific group of the population.
Community Benefit clauses are a proven way for organisations (both public and private) to obtain maximum value from their spend and can be included in all suitable contracts. Evidence from the Scottish Government’s pilots demonstrated that training and recruitment clauses did not increase the cost of procurement to the procurer and that the incorporation of training and recruitment clauses ensured that the local authority gained social benefits which they would not otherwise have obtained (Scottish Government, 2008).
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Community Benefit – Cont.
• Community benefit could be a ‘goodwill’ contribution or a contractual obligation provided by a developer and is voluntarily donated for the benefit of communities affected by development where this will have a long-term impact on the environment.
For Example
• committing to providing work placement or training opportunities to those in education; recruitment of long-term unemployed, disadvantaged or young people; providing opportunities for involving local community organisations/social enterprises/SMEs in the delivery of the contract; proposals to provide outreach/educational events or programmes with the communities (e.g. schools, community groups) closely associated with or impacted by the types of service provided under this contract.
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Community Benefit& Community Councils
Similarly, in circumstances where a developer e.g. windfarm, agrees to make a financial contribution to a community, a Trust may be established to administer/allocate those funds, the Community Council may assist with the setting up of a Trust/Arms length organisation.
It is not, however, the Community Council's role to administer Community Benefit funds. Community Councils do not have limited liability and therefore the responsibility for the management of such assets would lie with the Community Council office bearers.
Community Councillors may sit on the board of the organisation administering Community Benefit.
The Community Council may want to bid/suggest projects for the spend of Community Benefit monies however it is not the role of the Community Council to decide on the allocation of these funds.
It is important for any Community Councillor sitting on the board of an arms length organisation to remember that they are representing the Community Council and their responsibility as outlined in the Code of Conduct applies. Home
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Community Benefitand Community Councils cont.
• Community Benefit, the planning process and the CommunityCouncil:
– The Community Council will likely be involved in considering any planning application for a development where Community Benefit is involved.It is important that consideration of the planning application is
completely separate from any discussions regarding Community Benefit. Should there be any conflict in this matter, the Community Council‟s representation on any application may be discounted.
• In some circumstances Community Councils may be in receipt of small amounts of Community Benefit money, perhaps allocated to them to spend locally as part of their role. This is quite appropriate. What is important is that the Community Council is not recommended to be the vehicle through which to receive Community Benefit money.
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Section 5: Planning
• Planning System in Scotland
• The Purpose of Planning
• Development Planning
• Development Management
• Decision Making Processes
• Role of Community Councils
• Community Councils as a Statutory Consultee
• Participating in the Planning Process
• Commenting on Applications
• Further Reading on Planning Matters
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Planning System in Scotland
• The Government announced in 1993 that after LocalGovernment Reorganisation, as part of the Local Government etc. (Scotland) Act 1994, Community Councils would have a statutoryright to be consulted on local planning issues. This has been the case since 1996.
• The Government was keen to see an effective Community Council network able to play its part in considering planning issues of local concern. This was in line with its longstanding commitment to securing greater public involvement in environmental matters.
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The Purpose of Planning
• Planning guides the future development and use of land.
• Planning is about where development should happen, where it should not and how it interacts with its surroundings - “the right development in the right place”
• The aim is to promote sustainable economic growth while protecting and enhancing the natural and built environment in which we live, work and spend our leisure time.
• Careful attention to layout, design and construction should result in places where people want to be.
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Development Planning
• Planning in Scotland operates through a ‘plan-led system’
• The Planning etc. (Scotland) Act 2006 introduced a new statutory basis for development planning in Scotland including the replacement of structure plans and local plans by Local Development Plans.
• The South Ayrshire Local Development Plan (LDP) was adopted in September 2014 and is the Council’s principal policy document for determining planning applications.
• LDP’s are more concise, simple and map-based documents than the older local plans. They are reviewed every 5 years or sooner.
• A range of statutory Supplementary Guidance sits alongside the LDP to provide more detailed policy guidance on certain issues, such as town centers' and renewable energy. Non-statutory planning guidance (not part of the development plan) also exists to provide detail on other topics
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Development Planning cont.South Ayrshire Local Development Plan
• The LDP sets out a strategic spatial plan and vision for South Ayrshire.
• It is the spatial representation of the Council’s corporate vision.
• The LDP contains strategic policies and secures land zoning for specified uses (e.g. land for housing/industry etc.) to provide increased certainty for development.
• A key feature of Local Development Plans is the extensive opportunity for community engagement and public consultation in developing the Plan - engagement is generally front-loaded in the process, before and during the Main Issues stage.
• Community Councils will be consulted throughout the LDP process to help gain an understanding of community aspirations and local issues.
• The Council produces a Development Plan Scheme which provides details of the development plan preparation process, including opportunities for participation and timescales/stages of the Plan. Home
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Development Management
• Development Management is the process through which decisions are made on applications for planning permission. In addition to determining planning applications, Development Management includes giving advice to the public; pre-application discussions, processing related applications, e.g. listed buildings, conservation area, and advertisement consents; monitoring; implementation of approved applications; enforcement; and appeals.
When a planning application is submitted to South Ayrshire Council:
• It is checked for all the necessary information.
• When the application has all the necessary information it is registered.
• All neighbours within 20 metres of the site are notified by the Council
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• The council deals with both major and local applications.
• The Town and Country Planning Hierarchy of Developments Scotland
Regulations 2009 defines what is a major development
• Neighbouring property is notified of the receipt of a planning application. Where there is no neighbouring property on which a notice can be served, an advert is required;
• Major developments require the applicant to undertake pre-application consultation with Community Councils prior to submitting a Proposal of Application Notice for a major application
Development Management cont.
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Development Management cont.
• The application will appear on the weekly list of applications received, published on the Council website.
• The application may be advertised in the local press and plans lodged at the local post office.
• Progress on applications can be viewed via the Council’s website at http://www.south-ayrshire.gov.uk/planning/register.aspx
• The Council will consult with statutory Consultees.
• The Planning officer will visit the application site.
• The proposal will be assessed against the development plan and othermaterial considerations.
• The application will be determined as per the Adopted Scheme of Delegation, and the Service Standard.
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Decision Making Process
• The Planning Acts require decisions to be made in accordance with the development plan unless material considerations indicate otherwise.
• Circular 3/2013 Development Management Procedures (Annex A) provides information on the range of considerations which might be considered as material in planning terms. The range of considerations which might be material in planning terms is wide and can only be determined in the context of each case; but material considerations should be related to the development and use of land.
• Scottish Planning Policy, Planning Advice Notes and Circulars can be material considerations. The Scottish Government’s planning website provides links to relevant documents.
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Decision Making Process cont.
• The planning system operates in the long term public interest. It does not exist to protect the interests of one person or business against the activities of another.
• Depending on the type of application i.e. major or local, and also the terms of the Scheme of Delegation the application may be determined by: Full Council, Regulatory Panel, or a delegated decision by an appointed officer. The Local Review Body will only determine an appeal for a local development.
• Once a decision on an application has been made, only the applicant has a right of appeal.
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Role of Community Councils
• Where planning matters are concerned, whether they be planning applications or a new Local Development Plan, the role of the Community Council is to find out, gather and present the views of the community.
• Opinion may well be divided. The Community Council is charged withpresenting these views in a balanced and coherent fashion.
• The Community Council does not have to decide which view they support nor are they required to approve or oppose developments.
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Role of Community Councils cont.
• SAC does not automatically consult Community Councils. CC’s should request a consultation from the Planning Service;
• When a formal consultation is sent to the Community Council, the Community Council will have 14 days to provide their comments. It is open to a Community Council, like any other statutory consultee, to ask the Council to use its discretion to allow a reasonable extension in special cases: for example those which are unusually complex or controversial.
• Comments from the CC will be made available to view publically via the Council’s website.
• Community Councils should also be consulted on pre-application consultations from developers seeking to submit a Proposal of Application Notice for a major application.
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The Community Council as a Statutory Consultee
The law states that if a Community Council exists within the areawhich the development is to take place –(a)The Community Council, within 7 days (excluding Saturday and Sunday, December 25th and 26th and January 1st and 2nd) of the date on which the planning authority sent to that Community Council in accordance with regulation 23(1) the list which includes information about the application for such development, informs the planning authority that it wishes to be consulted; or(b)The development is likely to affect the amenity in the area of the Community Council.
Timescales are important or the Community Council will not be treated as a Statutory Consultee – if not following this process, any comments will be treated as public representations. This can affect the trigger for a Committee decision in terms of the Council’s Scheme of Delegation.
Receive weekly list of planning applications received
Within 7 days let the planning office know which applications you want to be consulted on
Within 14 days of informing the planning office, provide a response or request an extension
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Participating in the PlanningProcessAction Options and Points to Consider
Decide what will be the Community Council’s involvement in planning matters
• Look at the applications that are of community interest• Only look at development of the Local Development Plan• Take no part in planning matters
Decide who in the Community Council will look at planning matters
• The whole committee• A planning sub-group• An individual who will co-ordinate the Community Council’s views• No-one – the Community Council decides against involvement in
planning matters
Decide who the Community Council point of contact for South Ayrshire Council will be
Someone needs to be identified for South Ayrshire Council to receive weekly lists and other planning documents – this could be the Chair, Secretary or sub-group Chair
Decide how the Community Council will address the planning process timescales
Decisions on planning applications have a strict timescale – Community Councils are unlikely to meet as frequently as this requires so provision needs to be made to respond quickly to planning matters of interest
Write a formal note of the above decisions and decide when the Community Council policy will be reviewed.
It is important to have a record of the Community Council planning policy– this can either be a separate document or recorded in the minutes ofthe Community Council meeting
Identify the relevant planning officer in South Ayrshire Council
Each area has a named development management case officer and a development plan liaison officer – the Community Council may want to meet with these officers to establish an effective working relationship.
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Commenting on applications
Considerations:
What is the nature of the community interest?
Consider size, location, design, environmental impact, infrastructure, Local Development Plan issues
Are these issues material to theproposal?
For example, do they specifically relate tothe development or use of land?
Is the Community Council aware of any neighbour representations – comments or objections?
Community Councils should avoid being caught in neighbour disputes and should only look at the planning issues.
Is there anything the Community Council could propose by way of compromise?
Different aspect, modify design retain or plan hedges/trees etc.
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Further reading on planning matters:
• South Ayrshire Council planning website: http://www.south-ayrshire.gov.uk/planning/
• Scottish Government website: http://www.gov.scot/Topics/Built-Environment/planning
• Planning Aid Scotland: http://www.pas.org.uk/assets/File/SPEED.pdf
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Section 6: Licensing
• Background
• Grounds for Objection
• The Licensing Objectives
• Licensing and Community Councils
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Background
• A new system for administering liquor licensing wasintroduced by the Licensing (Scotland) Act 2005 which became fully operational on 1 September 2009.
• One of the important changes in the legislation is that the Board is obliged to notify RELEVANT Community Councils of New Premises Licence applications made or when a Variation to a Premises Licence application is received (an example of this would be a change in hours or a change in size of the off sales display)
• This entitles the Community Council to object within 21 days to an application (28 Days to object to a Public Procession Licence ie Gala Days/Festivals) or
– make representations in support– look for modifications– ask for particular conditions to be
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Grounds for Objection
If Community Councils decide to object to an application they
must do so on the following grounds:
• Inconsistency with one or more of the licensing objectives;
• Premises unsuitable due to:– the nature of activities proposed to be carried on in the
premises;– the location, character and condition of the premises and
the persons likely to frequent the premises;
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The Licensing Objectives
• One of the fundamental precepts of the legislation is theintroduction of five licensing objectives.
• They are meant to be the keystone on which licensing applications are determined. These are:-– Preventing crime and disorder– Securing public safety– Preventing public nuisance– Protecting and proving public health– Protecting children from harm
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• The Board will notify the RELEVANT Community Councils (by email) of each application and where it is available for inspection. A notice is also published on the Board’s website. No copy of the application will be sent.
• The application is a straightforward document and will contain details of the applicant and a description of the premises.
• The Operating Plan is a public document and will contain the followinginformation:-– The activities to be conducted on the premises– Operating hours– Whether on/off sales or both– Other non-licensing activities e.g. Provision of bedrooms– How children will be dealt with capacity.– Details of the Premises Manager. This will not be contained in
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Licensing and Community Councils
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Licensing and CommunityCouncils cont.
• It is intended that Licensing Boards and the public will havea better idea of how a licensing premises will be conducted and what activities will be taking place. The Board has a number of local conditions but the Scottish Government has also laid down a number of mandatory conditions. The Councils licensing department is responsible for processing a wide variety of applications and for providing advice and guidance on licensing issues which include Taxis/Gaming/Betting Premises Lotteries and Amusements etc.
• More detailed information and advice is available on the Board‟s website: http://www.south-ayrshire.gov.uk/licensing/
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Section 7: Local Government
• South Ayrshire Council
• Organisation of the Council
• Role of the South Ayrshire Councillor
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South Ayrshire Council
• South Ayrshire is home to a population of 112,850 (2013 Mid Year
Estimate) and is set in the south west of Scotland. The Council Headquarters, located at the County Buildings in Wellington Square, Ayr, were built in 1931 and opened by King George VI.
• The area includes the towns of Ayr, Prestwick, Troon, Maybole and Girvan. A large rural area of 422 square miles (1,222 square km) extends from Troon and Symington in the north to Ballantrae and Loch Ryan in the south.
• The Administration for South Ayrshire Council is a Conservative minority administration working in partnership with the Labour Group.
• An integral and vital part of the running of South Ayrshire Council are the 30 elected councillors who represent the 8 electoral wards.
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Organisation of the Council
The Councillors are responsible for policy decision-making on all aspects of Local Government services which South Ayrshire Council is responsible for.
Councillors attend committee meetings throughout the Council's cycle of formal meetings. They attend the full meetings of South Ayrshire Council held every 8 weeks. They also represent the people of South Ayrshire on a wide range of bodies and trusts:
Appeals Panel Chief Officers Appointments/Appraisal Panel
Service & Performance Panel Audit & Governance Panel
Partnership Panel Public Processes Panel
Leadership Panel Regulatory Panel
Rural Panel Local Review Body
Licensing Board Ayrshire Joint Services Committee
SAC Shadow Integration BoardHome
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Organisation of the Council cont.
• The Council has a hierarchy of plans that set out what the Council intends to achieve, from the overall vision that it shares with its partners for South Ayrshire, down to identifying the contribution of individual employees towards the objectives and outcomes that it is committed to delivering.
• Elections to the Council will next take place in May 2017.
Single Outcome
Agreement Council Plan
Service and Improvement Plans Team Plans
Performance Development Reviews
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Role of the South Ayrshire Councillor
• The role of the South Ayrshire Councillor involves:– Representing their community – listening to and
representing the views and interests of their ward at a local and national level
– Contributing to policy making and policy scrutiny:• Councillors will agree the policies and strategies of
the Council• Officers will make recommendations in reports to implement
the Council’s priorities - these are considered by Councillors in committee meetings
• Officers then implement the policies agreed by Councillors.– Will attend meetings of the Community Council to
provide updates and reportsHome
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Section 8:Community Engagement
• How to Engage with your Community
• Encouraging Representation and Involvement
• Communication with the Council
• Getting Involved in other Forums
• Community Council ForumsHome
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How to engage with your community
• A key role for Community Councils is to co-ordinate and collatethe views of the local community – this will be on a wide range of issues e.g. planning, licensing, consultations and other issues important to the local community.
• The Community Council will be faced with a wide range of issues and you will need to determine what are the priorities for your community. This should be based upon consultation and engagement with the local community.
How to consult:• This will differ depending upon your community. Community Councils in
South Ayrshire represent very different communities e.g. some populations of only a few hundred, others several thousand – therefore a one size fits all approach may not be the best option.
• Community Councils need to consider what is appropriate for their community. For example if you represent a small community then letters to each household may be appropriate for a major issue, in a large community this wouldn‟t be possible and perhaps a public meeting would be better.
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How to engage with your
community cont.
• Creating a database of community contacts (with appropriate permissions) and sending e-bulletins
• Include main contact details in every piece of paper, email etc. issued from your Community Council
Methods for consultation and engagement :• Newsletters• Public meetings• Displaying information in the local community• Articles in community newspapers• IT Technology• Community Councils may consider developing websites or using
Facebook to get information out to their communities and this can also be a useful way of consulting.
• http://spanglefish.com/ is a platform used by a number of community groups to build websites free of charge
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How to engage with yourcommunity cont.
• Community Councils should consider the National Standards for Community Engagement when consulting with their community. (For further information on engaging with your community contact: [email protected] )
• The Standards are a best practice tool which set out 10 key standards for considering when undertaking community engagements.
• The 10 standards include:
– Involvement, Support, Planning, Methods, Working Together, Sharing Information, Working with Others, Improvement Feedback, Monitoring and Evaluation
• The Standards and the supporting documentation may assist Community Councils in consulting with their community.
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• The Standards can be accessed here: www.scdc.org.uk/what/national-standards/10-national-standards/
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Encouraging Representation andInvolvement
• Community Councils represent the whole communitytherefore they should try and access the views of a wide range of people and ensure that people are not restricted from presenting their views.
• It is important for Community Councils to remember that the loudest voices are not always fully representative of the community – it is the role of the Community Council to consider the views of the whole community.
• Community Councils have traditionally struggled to get young people involved. Some Community Councils have encouraged young people by having a young person as an associate member, a youth sub-committee or a local member of the elected body of young people.
• www.south-ayrshire.gov.uk/youthforum/
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Encouraging Representation andInvolvement Cont.-Young People
• South Ayrshire Youth Forum (SAYF) is a group of young people from all around South Ayrshire that believe every young person should have a voice in the issues which affect them.
• SAYF want to know the views of all young people that live in South Ayrshire on the issues which they think are important, so that we can tell decision makers what young people want.
• SAYF feed the views of young people from South Ayrshire into the Scottish Youth Parliament so that they have an Impact on National Policy.
• The Youth Forum is a Completely Youth-led organisation, which is supported by South Ayrshire Council.
• Members of the South Ayrshire Youth Forum (MSAYF) also participate in other Groups, forums and partnerships: i.e. Community Planning Partnership, South Ayrshire Licensing Forum, South Ayrshire Equality and Diversity Group, Alcohol and Drug Partnership,
Scottish Youth Parliament, Ayr College Disability, Forum and LGBT/Age/Gender Forum• For further Information: www.south-ayrshire.gov.uk/youthforum/ Home
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Communication with the Council
• The main contact for Community Councils and South Ayrshire Councilwill be through the Link Officer /Community Engagement Manager or local Councillor
• The Community Council will send their agendas, minutes and accounts to the council via the Community Council email/website system
• The Community Council may well develop contacts in other Servicese.g. planning, roads but if you don't know who to contact the Community Council administrator will put you in touch with the person you require
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Getting Involved in Other Forums
Community Councils Forums :
• Take place across South Ayrshire to bring together Community Councils and public agencies to discuss what is happening in their area, facilitating the flow of information between Community Councils
• Mirrored Theme Groups are one of the main focal points for Community Planning across the area. Community Councils are key partners on these forums
• The issues discussed at Mirrored Theme Groups can be areas of mutual interest or issues which vary from area to area depending upon what is important for communities at any given time
• Community Councils may also get involved in other groups locallye.g. local development /regeneration groups
• Community Councils may also be asked by other public agencies to be involved if consulting on issues of local interest or specific themes
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Community Council Forums Cont.
• Forums are run by Community Councils for CommunityCouncils, they vary in size as they tend to comprise of Community Councils within a geographical area.
There are a number of benefits of Community Council Forums:– Provide an opportunity for community councils to come together and
share experience and information, especially newly established Community Councils
– Provide a good conduit through which training can be delivered and shared
– Provide a channel for Community Councils to act together– To provide a forum for discussion of matters of common interest to
Community Councils– Can provide representatives to regional and national events
concerning other community councils
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• South Ayrshire Council Support www.south-ayrshire.gov.uk/cpp/engaging.aspx
• Third Sector Support• http://www.voluntaryactionsouthayrshire.org.uk/
• Community Councils Scotland • http://www.communitycouncils.org.uk/
Section 9:Further Training and Support
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South Ayrshire Council Support
• After each Three year election, the Council will offer capacity building training for Community Councils.
• To complement this, this online training package has been developed to cover the main areas of Community Council operation and interest.
• A good Practice Guidance document has been produced as a direct result of the recommendations arising from the review of Community Councils undertaken in 2005 by Scottish Government’s Community Councils working Group: http://www.scotland.gov.uk/Resource/0044/00449148.pdf
• Should a Community Council have any concerns or queries, you should, in the first instance contact [email protected]
who will be able to assist you directly or advise who else could do so.
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Third Sector Support
• In addition to support from South Ayrshire Council,Community Councils can seek training support from the South Ayrshire Third Sector Partnership Interface (former CVS organisations).
• These organisations can offer advice and training in a number of areas including:– Setting up an arm's length organisation– Chairing a meeting– Financial record keeping– Minute taking
• Contact. http://www.voluntaryactionsouthayrshire.org.uk/
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Thank you for completing the
South Ayrshire Community
Councils’ online training course
Should you have any queries following completion of this course please contact [email protected]
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