Agenda item

To invite the Committee to consider the appropriate arrangements to be adopted for scrutiny of the North Essex Garden Communities Interim Business Plan 2018-19 and the future Business Plans.  The content of the current and future Business Plans does and is likely to continue to impact on matters which are the responsibility of both this Committee and the Community Leadership Overview and Scrutiny Committee. 

The Committee had before it the report of the Head of Democratic Services and Elections (A.2) which invited the Committee to consider the appropriate arrangements to be adopted for Scrutiny of the North Essex Garden Communities Interim Business Plan 2018-19 and the future Business Plans. This Committee’s approved work programme envisaged scrutiny of the NEGC Business Plan at this meeting and this report sought to respect the wish to undertake this scrutiny, to establish a revised timeframe for this scrutiny and address the appropriate arrangements for that scrutiny.

It was reported that the Community Leadership Overview and Scrutiny Committee at its meeting on 3 December 2018 resolved that the NEGC Business plan become a regular item on its agenda and that Committee’s work programme scheduled a review of the NEGC Business Plan for the 2 December 2019.

It was further reported that there is a legitimate rationale for both this Committee and the Community Leadership Overview and Scrutiny Committee to scrutinise the NEGC Business Plan however this may not be efficient nor effective and could unduly lead to a drain on capacity of Members of the two Committees and Officers in supporting those Committees if both operate separately on this matter. This report was therefore submitted to invite the Committee to consider whether there was value in establishing specific scrutiny arrangements for the NEGC Business Plan that span both Overview and Scrutiny Committees. The Corporate Director (Planning and Regeneration) has indicated that it would be entirely reasonable to accommodate a meeting within August/September on the basis that the arrangements have been settled upon.

The Committee was reminded that its members had been sent an email on 26 July 2019 advising that the NEGC Business Plan 2019-22 had not yet been received. 

Councillor Griffiths stated;

“I note that the North East Essex Garden Communities business plan has not been received by the Council. However my view is that since the 30^th January 2017 when the NEGC LTD was formally established, the business plan would be purely for noting, as it is not a council document, but business plan of a limited company, whose four directors have already outlined the direction of travel, for something that is to all in tense and purposes, an independent company of which we as a council, in effect have a quarter of the shares.

It is still my view, that the shareholder to the board, should be an appointed portfolio holder, who reports both to Cabinet and the Council, but in the event of any votes, declares an interest and withdraws from the meeting.

It is still my view, that the councils commitment to funding the delivery vehicle to deliver the garden city communities, should be within the framework of a policy document, which outlines both the councils expectations, and has targets and priorities contained with the policy framework, which allow those engaged within the scrutiny process, to be able to form a considered opinion regarding both affordability and value for money

It is also my view, that the establishment or the exploration of the potential to set up a locally led development corporation, should also be seated within the framework of a policy document, which outlines both the councils expectations, targets and priorities, and that within the context of the establishment or exploration of any delivery corporation, a scoping document should be put before the council, which outlines the councils financial responsibilities, liabilities and potential ongoing financial costs, associated with the development corporations, and any subsequent companies, which may evolve, after the main developments and constructions have ceased.

Policy statements regarding support from the council to long term public sector funding in relation to enabling delivery should also be published along with the breakdown of the councils contributions to providing the finances to provide, project management, planning, programming and communications, and evolving work on operational readiness, set within a policy framework, which provides both targets and measureable milestones, and an indicator to provide scrutiny with the financial instruments to gauge if both the project and investment is achieving value for money should also be produced.

Publication of stewardship arrangements for the long term maintenance of public amenities need to be set within a framework and policy document, and set alongside progressing work on a financial model, which should also include initiating discussions with government, regarding long term funding, soft financial testing and testing financial and scheme funding parameters.

Consideration to preparing individual concept frameworks for each garden city community that sets out the vision and policies for each garden city community and outlines the council’s financial responsibility to each community.”

In view of the issues in the statement from Councillor Griffiths, the Committee considered it appropriate in all the circumstances to include the full statement in these Minutes.

The Committee RESOLVED that;

(1)  That this Committee believes that the value of scrutinising the NEGC is demonstrated as it will:

Ø  the topic is of high local importance and reflects the concerns of local people about the delivery of sustainable growth/development and protection of the identity of existing settlements in the District.

Ø  there is a commitment from Members to the time to conduct the review.

Ø  the findings from the scrutiny can realistically influence and shape delivery against the business plan and future business plans.

Ø  the issue is relevant to all or large parts  of the local area

Ø  the review would be in the council’s interests to ensure that the investment in the scheme is independently overseen.

(2)  To record that the broad range of the NEGC, spanning the responsibilities of both of the existing Overview and Scrutiny Committees and the impact of the proposed Garden Community in the District necessitates a joint approach, unfettered by considerations as to whether the issues are internal to the Council or its partnership working.  The creation of a new Joint Scrutiny Panel with a Membership drawn from the existing Overview and Scrutiny Committees would avoid work duplication; a key consideration in good scrutiny.

(3)  To seek the views of Community Leadership Overview and Scrutiny Committee on the above and, particularly, the proposal for a new joint NEGC Scrutiny Panel.

(4)  That, if there is agreement to the establishment of a Joint NEGC Scrutiny Panel, this be established with a view to its first meeting being held within a month of the Community Leadership OSC meeting and that the Chairmen of the two Committees be authorised to determine the Membership of the Joint Panel on the basis of equality of representation on the Panel from the two Committees and a broadly proportionate political representation.  Such decisions will be subject to ratification by the respective OSCs. 

(5)  That, further to (4) above, the view of this Committee is that the members of the Joint Panel would not normally also be a member of the Planning Policy and Local Plan Committee.

(6)  That, subject to the establishment of a NEGC Joint Scrutiny Panel being approved:

a.     the Chief Executive be requested to identify any necessary amendments to the Constitution to facilitate the above and to submit the necessary reports to achieve this.

b.    The issues set out in the statement from Councillor Griffiths recorded above in the Minutes be referred to the Joint Scrutiny Panel to consider.