Terms of Reference 2026/27

Property & Services Committee (P&S)

 

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, Scheme of Delegation, and any relevant statutory requirements

 

This document sets out the remit, powers, and procedures for the Property & Services Committee.

 

Committee Overview

 

Remit:

To oversee the management, maintenance, compliance, risk management and improvement of Council-owned or Council-maintained property, land, buildings, assets and services within the Committee’s delegated authority, adopted budget, Standing Orders, Financial Regulations and Scheme of Delegation. This includes, but is not limited to: allotments, buildings, car parks, cemeteries, St Stephen closed churchyard maintenance responsibilities, footpaths and local maintenance partnerships, open spaces, public toilets, street furniture, bus shelters, litter bins, grit/salt bins, noticeboards, CCTV, defibrillators, Speed Indication Devices, street lighting in Council-owned areas, tenanted land and premises, and environmental monitoring responsibilities.

 

Composition:             Seven (7) Elected members (Voting)

Two (2) Substitute members (Voting)

One (1) Co-opted member from St Dennis Parish Council (Non voting)

 

Non Members:          All Councillors not elected to the Property & Services Committee may attend public sessions and at the discretion of the Chairman, may speak on an agenda item, but shall                                               have no voting rights and shall not count towards the quorum.

 

Quorum:                    Four (4) members Substitute members shall count towards the quorum only when formally substituting for an absent appointed voting member.

 

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

 

Meetings:                   Four meetings per 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:                       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):

  • Local Government Act 1972
  • Local Government Act 2003
  • Localism Act 2011
  • Equality Act 2010
  • Public Bodies (Admission to Meetings) Act 1960
  • Freedom of Information Act 2000
  • Environmental Information Regulations 2004
  • Data Protection Act 2018 and UK GDPR
  • Procurement Act 2023 and associated regulations/guidance
  • Highways Act 1980
  • Road Traffic Regulation Act 1984
  • Local Authorities’ Cemeteries Order 1977
  • Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970
  • Parish Councils Act 1957
  • Local Government (Miscellaneous Provisions) Act 1953
  • Public Health Act 1936
  • War Memorials (Local Authorities’ Powers) Act 1923
  • Small Holdings and Allotments Act 1908
  • Open Spaces Act 1906
  • Health and Safety at Work etc. Act 1974
  • Management of Health and Safety at Work Regulations 1999
  • Regulatory Reform (Fire Safety) Order 2005
  • Occupiers’ Liability Acts 1957 and 1984
  • Control of Asbestos Regulations 2012, where applicable
  • Natural Environment and Rural Communities Act 2006, Section 40 biodiversity duty, where land management decisions are made
  • Council’s adopted Code of Conduct
  • Council’s adopted Standing Orders
  • Council’s adopted Financial Regulations
  • Council’s Scheme of Delegation
  • Council’s relevant adopted policies
  • Nolan Principles of Public Life
  • Relevant case law and sector guidance

 

Authority & Delegation

 

The Committee has delegated authority to make decisions within its approved Terms of Reference, adopted budget, Standing Orders, Financial Regulations, and the Council’s Scheme of Delegation.

 

The Committee may authorise expenditure within its delegated budget, provided that such expenditure is within previously approved limits and does not commit the Council to future or unconfirmed budgets.

 

Any matter outside the Committee’s delegated authority, requiring new budget provision, use of earmarked reserves not previously approved, disposal or acquisition of land, significant contractual commitment, or policy change shall be referred to Full Council.

 

Terms of Reference including delegated duties and responsibilities:

 

  1. 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 Full 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.

 

  1. 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, including continuing services, maintenance requirements and capital expenditure, to the Finance & Policy Committee.
  • Identify and recommend to Full Council any significant project, asset, maintenance or compliance costs requiring new budget provision, use of earmarked reserves, grant funding or external funding.
  • 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.

 

  1. 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 including maintenance, signage, safety, surfacing and operational arrangements.
  • Manage and maintain public toilets in Nanpean and St Stephen.
  • Manage and maintain cemeteries at Nanpean and St Stephen Churchtown, including operational arrangements, cemetery safety, memorial management and fees and charges.
  • Maintain and oversee the St Stephen Churchyard. For the avoidance of doubt, the Committee’s responsibility for St Stephen closed churchyard relates to maintenance only. It does not include ecclesiastical records, historic burial records or churchyard records held by other bodies.
  • 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, litter bins, grit/salt bins, seats, noticeboards and other street furniture throughout the Parish.
  • Consider requests for additional bus shelters and street furniture as required.
  • Manage and maintain Council owned defibrillators within the Parish.
  • Manage Speed Indication Devices, including placement, maintenance, data review and sharing of data with relevant stakeholders.
  • CCTV systems protecting Council assets, subject to any Council policies on data protection and surveillance.
  • Council-owned or Council-maintained street lighting, highway signage, grass verge maintenance and footpath/local maintenance partnership works.
  • Devolved, or proposed-to-be-devolved, land, buildings, open spaces or services from Cornwall Council.
  • Any other Council-owned or Council-maintained land, property, structures, facilities or assets delegated to the Committee by Full Council.

 

  1. Property Compliance, Risk & Inspections
  • Oversee the condition, maintenance and safe use of Council-owned or Council-maintained land, buildings, assets and facilities.
  • Review property-related risk assessments, inspection reports, maintenance schedules and compliance requirements.
  • Monitor statutory and good-practice inspections, including, where applicable, fire safety, asbestos management, legionella, electrical safety, play or open space inspections, cemetery safety, memorial inspections and public building safety.
  • Recommend to Full Council any capital projects, lease changes, asset disposals or acquisitions.
  • Ensure that property and service risks are reported to the Finance & Policy Committee where they affect the Council’s corporate risk register, insurance, reserves or financial planning.
  • Ensure that the Council’s property and service assets are maintained, so far as reasonably practicable, in a safe, accessible and fit-for-purpose condition.

 

  1. 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 effective delivery of the air monitoring scheme in accordance with recognised good practice and any relevant funding or service agreement.
  • 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 requests under the Freedom of Information Act 2000 or Environmental Information Regulations 2004.
  • Notify the named Cornwall Council representative of any actual, threatened, or alleged legal claims relating to the air monitoring scheme.

 

  1. Biodiversity Environment & Sustainability
  • Have regard to biodiversity, environmental impact and sustainability when making decisions relating to land, buildings, open spaces, cemeteries, churchyard maintenance, allotments, verges and other Council-maintained areas.
  • Liaise with and consider recommendations from the Biodiversity Sub-Committee where relevant.
  • Support, where appropriate and within budget, environmentally responsible maintenance practices, including sustainable weed control, habitat protection, tree planting, wildflower areas and pollinator-friendly management.
  • Ensure that biodiversity and environmental matters arising from P&S responsibilities are reported to Full Council at least annually

 

  1. Non voting representatives
  • The Committee may include one appointed non-voting representative from St Dennis Parish Council for matters connected with shared interests, including environmental monitoring. The representative may speak at the Chairman’s discretion but shall not vote, move motions, or count towards the quorum.
  • All members, substitute members, non-voting representatives and any appointed advisers shall comply with the Council’s Code of Conduct, Standing Orders, Financial Regulations, relevant policies and these Terms of Reference when participating in Committee business.

 

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