TOR – Property & Services Committee

Terms of Reference 2024/25 Property & Services Committee (P&S)

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

Introduction
St Stephen in Brannel Parish Council has appointed a number of Committees to undertake work for and on behalf of the Council. The Committees will abide by the criteria detailed in the Council’s Standing Orders and Financial Regulations.

This Terms of Reference document sets out the specific responsibilities of the Property & General Purposes Committee and confirms the following:

Remit:                        The management and maintenance of all Council property, land and assets within the allocated delegated budget including allotments, buildings, carparks, cemeteries, churchyard, footpaths, open spaces, public toilets, street furniture, tenancies, structures.

Composition:             Seven (7) Elected members (Voting)
Two (2) Substitute members (Voting)
One (1) Co-opted member from St Dennis Parish Council (Non voting)

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

Quorum:                    Four (4) members

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

Meetings:                   4 times a year (Quarterly).  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

Term of  Appointment:            1 year

Legal Reference:  Adopted Code of Conduct 2012
Adopted Standing Orders
Adopted Financial Regulations
Localism Act 2011
Equalities Act 2010
Local Government Act 2003
Nolan Principles of Life 1995
Road Traffic Regulations Act 1984
Litter Act 1983
Highways Act 1980
Local Authorities Cemeteries Order 1977
Local Government Act 1972
Parish Councils & Burial Authorities (Miscellaneous Provisions) Act 1970
Public Bodies (Admissions to meetings) Act 1960
Parish Councils Act 1957
Local Government (Miscellaneous Provisions) Act 1953
Public Health Act 1936
War Memorials (Local Authorities Powers) Act 1923
Small Holding & Allotments Act 1908
Open Spaces 1906
Relevant case law

Note: This list is not exhaustive

Terms of Reference including delegated matters:

  • To consider such matters as may be delegated by the Council from time to time.
    • Authorisation of committee related expenditure within the budget provided that payment is made within the limit previously approved by Council. The Committee cannot commit or spend from future budgets not confirmed or from future years.
  • To consider and submit to the F&P Committee for the annual budget estimates of income and expenditure on continuing services and capital expenditure for the forthcoming year.
  • To consider the recommendations of Sub-Committees or Working (Advisory) Groups under the control of the Property & Services Committee.
  • To assume the management responsibility of the Brannel Room including the review of fees and charges submitting recommendations for consideration to Council.
  • To assume the management responsibility of the Former Sunday School also known as the Church Rooms, Nanpean including the review of rent submitting recommendations for consideration by Council.
  • To assume the management responsibility of the Craft Workshops including the review of rent and submit recommendations for consideration by Council.
  • To negotiate with the lessees, the terms & conditions of leases for all Parish Council property & land and submit recommendations for consideration by Council.
  • To assume the management & maintenance responsibility of bus shelters & street furniture (seats, bins, notice boards, etc) within St Stephen in Brannel Parish.
  • To consider requests for additional bus shelters and street furniture within the Parish.
  • To assume the management & maintenance responsibility of defibrillators within St Stephen in Brannel Parish.
  • To assume the management & administration responsibility of the allotments including the review of fees and submit recommendations for consideration by Council.
  • To assume the management & maintenance of the Parish Council car parks
  • .To assume the management & maintenance of the public toilets in Nanpean and St Stephen
  • To assume the management responsibility of the cemeteries at Nanpean & St Stephen Churchtown including the review of fees and submit recommendations for consideration by Council.
  • To be responsible for the maintenance and upkeep of the St Stephen Churchyard.
  • To be responsible for the monitoring & management of the War Memorials in Nanpean and St Stephen Cemeteries,
  • To manage the use and maintenance of speed indication devices (SIDs) and consider the reports.
  • Air & Soil Quality Monitoring –
  • 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.
  • To oversee the efficient delivery of the air quality monitoring scheme using good practice.
  • 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.
  • 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.
  • 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.
  • 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.
  • The Committee may co-opt any individual it deems necessary, in line with the relevant legislation.
  • A co-opted member shall not have voting rights.
  • A co-opted member will adhere to the Councils Code of Conduct, Standing Orders, Financial Regulations and these Terms of Reference at all times.
  • To ensure that any decision taken by the Committee is taken in accordance with the terms of the agreement and is lawful.
  • To co-operate fully with Cornwall Council to supply all necessary information and documents requested in connection with any Freedom of Information requests.
  • To review the committees Terms of Reference on an annual basis for consideration by Council.
  • To review strategic plan objectives, on a yearly basis, providing an update to Full Parish Council.

 

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