Terms of Reference
Introduction and Background
Guildford Borough Council has decided to undertake a Community Governance Review (CGR) under the provisions of the Local Government and Public Involvement in Health Act 2007, to consider community empowerment or community governance options for the urban area of Guildford.
A request for a CGR was sent to the Council earlier this year by Guildford Residents Association. It included a suggestion for the creation of three parishes described as Central, East and West. This, however, did not as required delineate boundaries by reference to a map, and therefore could not be evaluated.
Local Government Reorganisation (LGR) proposes the formation of unitary authorities for Surrey, the abolition of Surrey's existing eleven district and borough councils and the Surrey County Council. HM Government envisages that by April 2027 new unitary authorities will be vested in Surrey at which stage the existing district, borough and county councils would be wound up.
What is a Community Governance Review?
A CGR is a review of the whole or part of the Guildford Borough to consider one or more of the following:
- Non-parish forms of community empowerment
- 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 any new council, and parish warding), and
- Grouping parishes under a common parish council or de-grouping
Why undertake a Community Governance review?
A CGR provides an opportunity for principal authorities to review and make changes to community governance within their area. Such reviews can be undertaken when there have been changes in population or in reaction to specific, or local, new issues to ensure that the community governance for the area continues to be effective and convenient and it reflects the identities and interests of the community.
Government guidance emphasises that recommendations made in a CGR should bring about improved community engagement, more cohesive communities, better local democracy, and result in more effective and convenient delivery of local services.
Within the 'Final Proposal for Local Government Reorganisation in Surrey - Shaping Surrey's Future' setting out the Borough Council's proposals for unitary authorities was a commitment to plan a community governance and community empowerment approach. This included an undertaking to conduct CGRs as appropriate to establish the desire for various forms of non-parish community empowerment or parish council formation in unparished areas.
Considerations of a Community Governance Review
Section 93 of the 2007 Act requires principal councils to ensure that community governance within the area under review will be:
a) reflective of the identities and interests of the community in that area; and
b) effective and convenient for the community in that area.
In so doing the review is required to consider:
a) the impact of community governance arrangements on community cohesion; and
b) the size, population and boundaries of the local community or parish
Scope of this Review
Guildford Borough Council has resolved to undertake a CGR to consider whether there is a desire and need for any of the following: taking no action and awaiting the creation of a unitary authority, a non-parish form of community empowerment, or creating one or more parish councils for the unparished urban area of Guildford.
If the latter is favoured, the review will consider the most appropriate boundary and governance arrangements for the unparished urban area of Guildford.
This review could also consider any alternative proposals that are submitted. Such alternative proposals must explain clearly the community empowerment or community governance model that is proposed, and it must define the area(s) to which they relate by reference to a map. It must also provide the rationale for and benefits of the proposal(s).
Who will undertake the community governance review?
The Local Government and Public Involvement in Health Act 2007 provides that a principal authority, may conduct a CGR, and following statutory consultations can evaluate and report the outcome. Guildford Borough Council, therefore, is responsible for undertaking the CGR.
The review will comply with the legislative and procedural requirements set out in the 2007 Act, as well as statutory guidance and best practice models. This includes guidance produced jointly by HM Government and the Local Government Boundary Commission for England (LGBCE). The review will follow the approach set out in these Terms of Reference, including the indicative timetable.
Non-parish forms of community empowerment
The Council is required by law to consider non-parish forms of community representation or community engagement. Government guidance states: "There may be other arrangements for community representation or community engagement in an area, including neighbourhood area committees, neighbourhood management programmes, tenant management organisations, area or community forums, residents' and tenants' associations or community associations, which may be more appropriate to some areas than parish councils."
Considering the accelerated timetable for LGR in Surrey, and having regard to the above guidance this CGR seeks the views of Guildford residents, businesses and other stakeholders about the following options for the unparished urban area of Guildford