Decision details

Following vesting day the new Council had inherited a significant number of statutory duties, together with the five former Council’s existing strategies, policies, plans, reviews, schemes and statements. These were key to service delivery or to provide clarity to residents, Members, staff or other stakeholders by outlining what we will do, how and why.

The Government’s transitional regulations stipulated three key dates by which 15 of the new council’s statutory policies had to be harmonised and implemented by 1 April 2022, although the Homelessness Strategy had not been agreed until 27 April 2022.  These were detailed in Appendix A to the Cabinet report together with the statutory deadline set for harmonisation.  All other policies including any statutory ones not listed in Appendix A continued to have effect (over the geographical area they previously applied) as if made by Buckinghamshire Council, until they are substituted/replaced.

There were no timescales set by the regulations for the new Council to prepare substitutes/replacements for these.  For these policies the council was left to consider the practical impacts on the delivery of services if policies were not harmonised and existing statutory plans continue, although there was also a need to consider whether these existing arrangements complied with any specific legislative requirements of that service.

The Cabinet report also included information:

-                     on the 50 strategies and policies that had been harmonised (Appendix B).

-                     that work was progressing on the local plan development documents under Section 23 of the Planning and Compulsory Purchase Act 2004, which was on track to be harmonised by 1 April 2025.

-                     on work being done to harmonise fees and charges.  Although there was no blanket obligation to do so, legal advice received during the transition had stated the Council should consider if the differential area charges for the same or similar service could pose a reputational and legal risk of residents raising lawsuits especially if there was a prolonged continuation of differential charges after vesting day.  Some charges would remain different if there were specific and valid reasons, for example, the council cemeteries operated differently with different arrangements in place for the services that were provided.

-                     at Appendix C on fees and charges yet to be harmonised and the current expected timescales for harmonisation, where this was known.

-                     at Appendix D on a further 70 strategies and policies the council was planning to harmonise or update by April 2023.

RESOLVED –

That the strategies, policies, and charges that have been harmonised since 1 April 2020, and those expected to be reviewed before April 2023, be NOTED.