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 appoints Committees to carry out specific duties on its behalf. All Committees must comply with the Council’s Standing Orders and Financial Regulations.
This document sets out the remit, powers, and procedures for the Property & Services Committee.
Committee Overview
Remit: To oversee the management, maintenance, and improvement of all Council-owned property, land, and assets within the limits of the delegated budget. This includes, but is not limited to: allotments, buildings, car parks, cemeteries, the churchyard, footpaths, open spaces, public toilets, street furniture, structures, and tenanted land or premises.
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: 6.30pm
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 & Governance Framework
The Committee operates under the following legislation and policy documents (non-exhaustive):
- 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 1984Litter 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 1957Local 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
Terms of Reference including delegated duties and responsibilities:
Governance, Oversight & Delegation
- Consider such matters as may be delegated by the Council from time to time.
- Consider recommendations of Sub-Committees or Working (Advisory) Groups operating under the control of the Property & Services Committee.
- Review the Committee’s Terms of Reference on an annual basis and submit to Council for approval.
- Review strategic plan objectives annually and report progress to Full Parish Council.
- Ensure that any decision taken by the Committee is lawful and complies with relevant agreements and legislation.
- Financial Management
- Authorise expenditure within the Committee’s delegated budget, provided payments are within previously approved limits. The Committee cannot commit to or spend from future or unconfirmed budgets.
- Consider and submit annual budget estimates of income and expenditure (for continuing services and capital expenditure) to the Finance & Policy Committee.
- Ensure that any air monitoring funding is used in accordance with the relevant agreement, and that any surplus upon cessation of the scheme is returned to Cornwall Council.
- Property, Land & Asset Management
- Manage the Brannel Room, including the review of fees and charges, and submit recommendations to Council.
- Manage the Former Sunday School (Church Rooms), Nanpean, including rent review and recommendations to Council.
- Manage the Craft Workshops, including rent review and recommendations to Council.
- Negotiate lease terms and conditions for all Parish Council property and land, and submit proposals for Council consideration.
- Manage and maintain all Parish Council car parks.
- Manage and maintain public toilets in Nanpean and St Stephen.
- Manage and maintain cemeteries at Nanpean and St Stephen Churchtown, including fees and charges.
- Maintain and oversee the St Stephen Churchyard.
- Monitor and manage war memorials in Nanpean and St Stephen Cemeteries.
- Manage and administer Parish allotments, including fee reviews and recommendations to Council.
- Manage and maintain bus shelters and street furniture (seats, bins, noticeboards, etc.) throughout the Parish.
- Consider requests for additional bus shelters and street furniture as required.
- Manage and maintain defibrillators within the Parish.
- Manage the use and upkeep of Speed Indication Devices (SIDs) and review data and reports.
- Environmental Monitoring (Air & Soil Quality)
- Facilitate independent air quality monitoring near the Cornwall Energy Recovery Centre (CERC), in addition to Environment Agency or SITA efforts, as deemed appropriate by the Committee.
- Oversee the efficient delivery of the air monitoring scheme using recognised good practice.
- Ensure that all monitoring records meet legal and regulatory standards, comply with scheme delivery requirements, and are retained for a minimum of 7 years.
- Ensure prompt submission of air quality monitoring reports or findings to Cornwall Council, including in response to Freedom of Information (FOI) requests.
- Notify the named Cornwall Council representative of any actual, threatened, or alleged legal claims relating to the air monitoring scheme.
- Membership & Conduct
- The Committee may co-opt individuals where necessary, in line with relevant legislation.
- A co-opted member shall not have voting rights.
- Co-opted members must adhere to the Council’s Code of Conduct, Standing Orders, Financial Regulations, and these Terms of Reference at all times.
Note: Any resolution made outside these Terms of Reference may be considered ultra vires and open to challenge in a Court of Law.