1. Introduction
This Terms of Reference document is a formal document we are required to publish that says what we are going to do and when with regard to a Colyford Community Governance Review. This review will explore whether a separate parish council should be set up for Colyford, which is currently part of Colyton Parish Council.
As part of this review residents and all other affected parties will have the opportunity to have their say in a consultation which will be launched on Friday 4 February 2022.
A review of parishes and related matters under the Local Government and Public Involvement in Health Act 2007
INTRODUCTION
Setting the Context
The Local Government and Public Involvement in Health Act 2007 provides for a principal council to conduct a community governance review at any time. The Council can undertake a review of the whole or part of its area.
East Devon District Council (“the Council”) has resolved to review the governance arrangements for the parish of Colyton following a request from the residents of Colyford village to create their own parish council.
In undertaking the review the Council will be guided by Part 4 of the Local Government and Public Involvement in Health Act 2007, the relevant parts of the Local Government Act 1972, Guidance on Community Governance Reviews issued in accordance with section 100(4) of the Local Government and Public Involvement in Health Act 2007 by the Department of Department of Communities and Local Government and The Local Government Boundary Commission for England in March 2010, and the following regulations which guide, in particular, consequential matters arising from the review: Local Government (Parishes and Parish Councils) (England) Regulations 2008, Local Government Finance (New Parishes) Regulations 2008. Section 81 of the Local Government and Public Involvement in Health Act 2007 requires the Council to publish its Terms of Reference in a review.
These Terms of Reference will be published by placing a copy on public deposit at the offices of East Devon District Council, Blackdown House, Honiton and on the Council’s website at www.eastdevon.gov.uk
What is a Community Governance Review (CGR)?
A CGR is a review of the whole or part of the district to consider one or more of the following:
- Creating, merging, altering or abolishing parishes;
- The naming of parishes and the style of new parishes;
- The electoral arrangements for parishes (the ordinary year of election; council size; the number of councillors to be elected to the council, and parish warding); and
- Grouping parishes under a common parish council or de-grouping parishes.
The Council is required to have regard to the need to secure that community governance within the area under review will be
- Reflective of the identities and interests of the community in that area; and
- Is effective and convenient.
In deciding what recommendations to make, the council must take into account any other arrangements (apart from those relating to parishes) that have already been made, or that could be made, for the purposes of community representation or community engagement in respect of the area under review. In doing so the CGR is required to take into account:
- The impact of community governance arrangements on community cohesion; and
- The size, population and boundaries of a local community or parish.
Who undertakes the review?
As the principal authority the District Council is responsible for undertaking any CGR within its electoral area.
The Council will approve the final recommendations before a Community Governance Order is made.