TOR – Development & Environment Committee

(A pdf version of this policy is available for download here)

Terms of Reference 2022/23

Development & Environment Committee

Composition: Seven (7) Elected members (Six [6] Voting), Two (2) Substitute Members (Voting)

Quorum: Four (4) Members

Chairmanship: Chairman and Vice-Chairman to be elected by committee members at the first committee meeting held in each Council year.

Meetings: 3 times a year. In the event of an item of urgency, an Extra Ordinary meeting can be called in line with legislation and Council’s adopted standing orders.

Timing: 7.00pm

Venue: The Brannel Room, 22 Fore Street, St Stephen, PL26 7NN

Reports to: Full Council.

Administration: Parish Council Office.

Legal Status: Public Sector Bodies (Websites and Mobile Applications) (No. 2); Accessibility Regulations 2018; Data Protection Act 2018; General Data Protection Regulations; Adopted Code of Conduct; Adopted Standing Orders; Adopted Financial Regulations; Localism Act 2011; Equalities Act 2010; Local Government Act 2003; Nolan Principles of Life 1995; Local Government Act 1972; Public Bodies (Admission to Meeting) Act 1960.

Note: All Councillors not elected to the Development & Environment Committee may attend public sessions and participate in the meeting but have no voting rights.

Terms of Reference including delegated matters:

  1. Any matter, within legislation boundaries, not listed as delegated by Full Council.
  2. To appoint, and consider recommendations and/or advice from, subcommittees and/or working parties under the control of the Development & Environment Committee
  3. To consider and submit to the Finance & General Purposes Committee annual estimates of income & expenditure on continuing services and/or capital expenditure for the forthcoming year
  4. Authorisation of committee related expenditure within the budget provided that the payment is made within the limit previously approved by Council. The Committee cannot commit to spend from future budgets not confirmed or from future years. The virement of funds must be pre-approved by Full Council
  5. To facilitate the monitoring of air in the vicinity of the CERC in addition to any monitoring undertaken by SITA or the Environment Agency in such a manner and at such a frequency as the committee deems appropriate.
  6. To oversee the efficient delivery of the air quality monitoring scheme using good practice.
  7. To ensure that any requests from Cornwall Council to provide copies of reports and findings associated with or arising from the air monitoring are promptly supplied.
  8. To ensure that all records in connection with the monitoring of air are within in legal and regulatory requirements, comply with the delivery of the scheme and are kept for 7 years.
  9. To ensure that any air monitoring funding is used in accordance with the agreement and that any surplus funding on cessation of the scheme is returned to Cornwall Council.
  10. To ensure that on becoming aware of any actual, threatened or alleged claims resulting from the air monitoring scheme, the named Cornwall Council’s representative be notified.
  11. The Committee may co-opt any individual it deems necessary, in line with the relevant legislation.
  12. A co-opted member shall not have voting rights.
  13. A co-opted member will adhere to the Councils Code of Conduct, Standing Orders, Financial Regulations and these Terms of Reference at all times.
  14. To ensure that any decision taken by the Committee is taken in accordance with the terms of the agreement and is lawful.
  15. To co-operate fully with Cornwall Council to supply all necessary information and documents requested in connection with any Freedom of Information requests.
  16. To making recommendations to Full Parish Council on all matters not covered by delegation.
  17. To review policy objectives, on a yearly basis, within the committees Terms of Reference for consideration by Full  Council.
  18. To liaise with and reach out to the local communities and to promote and support community led projects.
  19. Facilitate meetings between local organisations and community groups looking for advice and funding with the relevant bodies keeping the organisations informed of any available funding.
  20. To progress Councils application for the Gold Quality Award of the Local Council Award scheme, submitting recommendations for consideration by Full Council.
  21. To progress and maintain Council’s production of an Emergency Community Plan.
  22. To hold one Democracy Day per year with each primary school within the Parish.
  23. To progress Council’s commitment in creating a Youth Parish Council.
  24. To ensure the Council website remains fit for purpose and complies with legislation.
  25. To attend relevant outside organisation events as and when the necessity/opportunity arises.
  26. To oversee Community Infrastructure Levy income and put forward recommendations for expenditure to Full Council within the terms and timescale of the agreement.

Any resolution made outside these Terms of Reference may be considered ultra vires and open to challenge in a Court of Law.