SOUTH DEVON AONB PARTNERSHIP DRAFT MEMORANDUM OF AGREEMENT

Transcription

1 SOUTH DEVON AONB PARTNERSHIP DRAFT MEMORANDUM OF AGREEMENT Note for Executive meeting: 1. relevant sections are highlighted by underlining 2. this draft Memorandum is subject to agreement with the Countryside Agency and Devon County Council 1. This Memorandum of Agreement is made between The Countryside Agency, South Hams District Council and Devon County Council (hereinafter referred to as the Core Funding Authorities). 2. It provides the framework for the delivery of duties and obligations arising from Part IV of the Countryside and Rights of Way Act 2000 including: Forming a Partnership to manage the South Devon Area of Outstanding Natural Beauty ( the AONB ). Establishing a staff unit to act on its behalf. Making contributions to the costs incurred in so doing. Publishing, reviewing and monitoring the AONB Management Plan. 3. This Agreement will run for six years starting in April 2003, subject to a satisfactory review by the Core Funding Authorities after three years. It may be renewed for a further six year period subject to the agreement of all partners. This agreement replaces any previous agreements for the management of the AONB. The AONB Partnership 4. The AONB Partnership ( the Partnership ) will be formed on 1 st April The purposes of the Partnership are: To provide a strategic lead in the protection and enhancement of the South Devon AONB. To prepare, monitor and review the AONB Management Plan on behalf of the Local Authorities responsible. To coordinate the implementation of the AONB Management Plan. To promote the purpose and national status of the AONB designation. The terms of reference of the Partnership are set out in Annexe 1 to this document. 5. The Partnership will operate through the following organisational structures: The AONB Partnership Committee The AONB Core Funding Group The annual AONB Community Conference AONB Technical Groups The AONB Staff Unit The membership and structure of the Partnership and the practical arrangements for Partnership Committee meetings and associated conference and technical groups are set out in Annexe 2 to this document. The AONB Staff Unit 6. The purposes and objectives of the Partnership will be achieved in part by the employment of an AONB Staff Unit to act on its behalf. The purposes and terms of reference of the AONB Staff Unit are set out in Annexe 3 to this document. 7. A Development Plan for the Staff Unit, covering the three year period , is set out in Annexe 4 to this document. The staff unit shall comprise four staff. A list of these posts is included in Annexe 4 while job descriptions will be set out in a separate Business Plan. South Devon AONB Partnership Memorandum of Agreement, March Page 1

2 8. On behalf of the Partnership, staff will be employed by South Hams District Council which will be responsible for recruitment, employment services, accommodation, etc. The practical arrangements in relation to the Staff Unit are set out in Annexe 5 to this document. 9. Line management for day-to-day purposes of the AONB Manager will be through the Coast and Countryside Manager of South Hams District Council. Other AONB Unit staff will report to the AONB Manager. AONB Core Funding Group 10. Matters concerning the employment, budget and funding of the AONB Staff Unit will be overseen on behalf of the Partnership by an AONB Core Funding Group. The arrangements and constitution of the Core Funding Group are set out in Annexe 2 of this document. 11. The AONB Core Funding Group will advise the Core Funding Authorities on the annual budget, will recommend to them the annual Business Plan, and report on its implementation. Financial arrangements 12. The income and expenditure of the Partnership will be met in the first instance by South Hams District Council which will be responsible for the exercise of proper financial control and for collecting agreed contributions from the other Core Funding Authorities and any other funding bodies. 13. The list of costs which are considered eligible for grant purposes by the Countryside Agency are set out in Annexe 6 of this document ( the Core Costs ). 14. The budget will be agreed by the Core Funding Authorities by 28 th February annually according to the agreed staffing levels, the proposed activity to be undertaken in the annual work programme and based on an estimate of actual costs. 15. The Core Costs will be eligible for grant aid from the Countryside Agency at a maximum of 75% of actual expenditure. A bid in an agreed format shall be submitted to the Countryside Agency by South Hams District Council on behalf of the Partnership by 30 th November of each year. The bid will comprise details of estimated costs and the annual work programme and outcomes to be delivered. The Countryside Agency will make a formal offer of grant to South Hams District Council by 28 th February of each year. 16. The contributions to the Core Costs by the Core Funding Authorities will be in the following proportions: Countryside Agency 75% South Hams District Council 12.5% Devon County Council 12.5% TOTAL 100% The contributions to Core Costs for the first year (2003-4) will therefore be as follows: Countryside Agency 75% 120,000 South Hams District Council 12.5% 20,000 Devon County Council 12.5% 20,000 TOTAL 100% 160,000 The detail of the core costs and funding will be set out in the Annual Business Plan. 17. The Partnership will also deliver projects to implement the AONB Management Plan, either through the AONB Staff Unit, or by individual members. In the first year, financial contributions will be made towards projects to be carried out by the AONB Staff Unit of at least: South Devon AONB Partnership Memorandum of Agreement, March Page 2

3 Countryside Agency 50% 30,000 South Hams District Council 25% 15,000 Devon County Council 25% 15,000 TOTAL 100% 60,000 Additional funding for projects may be contributed by other members of the Partnership from time to time. The detail of the project costs and funding will be set out in the Annual Business Plan. 18. In future years contributions will be agreed according to projected core and project costs and taking account of contributions from elsewhere, but in general partners will be expected to maintain contributions at similar levels to those in clauses 16 and 17 above throughout the period of this agreement, subject to their wider budget considerations. Additional funding for projects will be sought from a variety of sponsors and sources. 19. Subject to Clause 20 below each of the Core Funding Authorities (with the exception of the Countryside Agency) shall indemnify South Hams District Council as employer to the extent of their respective percentage contributions for the relevant financial year in respect of: i. any losses, costs and expenses which are the result or consequence of any act or default (whether unlawful or otherwise) on the part of any employee of South Hams District Council who is working for the AONB Staff Unit, including (but not limited to) legal costs, fees and expenses and any excess sums which may be applied to any insurance policy held by South Hams District Council. This will apply to both Core and Project Costs; any payments due to any employee of South Hams District Council working for the AONB Staff Unit upon termination of employment including (but not limited to) statutory or contractual notice payments and redundancy payments pursuant to the Employment Rights Act 1996 insofar as these are not met by grant aid from the Countryside Agency under clause 17 above; any losses, costs and expenses in relation to any claim or complaint by any employee of South Hams District Council working for the AONB Staff Unit relating to their employment or the termination thereof, including (but not limited to) claims under the Employment Rights Act 1996, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Trade Union and Labour Relations (Consolidation) Act 1992, the Disability Discrimination Act 1995, the Equal Pay Act 1970, the Human Rights Act 1998, Article 141 of the Treaty of Rome, the Race Relations (Amendment) Act 2000, the Public Interest Disclosure Act 1998 and any other claims at common law or under statute, regulations, European law or otherwise. For the avoidance of doubt, this includes (but is not limited to) the costs of any litigation, any award of costs and any settlement, damages or award to any such employee in relation to their employment or termination thereof; all losses, costs and expenses in relation to public and employers liability premiums and payments in the event of personal injury, injury at work or industrial injury of any employee of South Hams District Council working for the AONB Staff Unit, insofar as these are not met by policies of insurance held by South Hams District Council or grant claims from the Countryside Agency under clause 15 above. 20. The Core Funding Authorities shall not be liable to indemnify South Hams District Council in respect of any losses, costs or expenses as set out in Clause 19 where such loss, cost or expense arises as a consequence of the unlawful or negligent act of an employee of South Hams District Council not working for the AONB Staff Unit. 21. Each of the Core Funding Authorities will ensure that its employer s liability insurance fully covers its involvement in the Partnership. Planning policy and development control. 22. The Partnership is not a planning authority and does not have a statutory function in relation to the development control system. However, a framework for constructive engagement between the South Devon AONB Partnership Memorandum of Agreement, March Page 3

4 Partnership and Planning Authorities is important and a protocol providing for this is set out in Annexe 7 to this document. Termination 23. A Core Funding Authority may, by giving not less than 12 months written notice to the other Core Funding Authorities, terminate its participation in this Agreement or reduce its level of contribution, setting out the reasons for so doing. A review of the viability of the continuation of the Partnership will be carried out by the remaining partners. Prior to any reduction or withdrawal of funding, a Core Funding Authority will meet the proportion of eligible costs for which it is liable up until the date of termination. 24. The Countryside Agency will pay grant in respect of inescapable contractual commitments entered into in good faith prior to any party giving notice of termination whether or not such commitments involve expenditure after the date of termination. However, for the avoidance of doubt, the said contractual commitments shall not include contract(s) of employment or an agreement(s) to retain the services of a worker or consultant in relation to the Project. 25. In the event of the termination of the Partnership, the Core Funding Authorities will be liable to meet the net eligible costs (whether Core Costs or project costs) or receive any financial settlement (after disposal of any assets) in the same proportion as their contribution in accordance with Clauses above. Arbitration 26. Any dispute arising from the interpretation of the terms of this agreement, shall, at the option of the aggrieved partner, be referred to the arbitration of a single arbitrator to be agreed upon by the partners involved. Failing such agreement an arbitrator may be nominated by the President of a mutually acceptable institution. Signed... Date... Position... on behalf of the Countryside Agency Signed... Date... Position... on behalf of Devon County Council Signed... Date... Position... on behalf of South Hams District Council South Devon AONB Partnership Memorandum of Agreement, March Page 4

5 Annexe 1 The AONB Partnership: Purpose and Terms of Reference The Purpose of the Partnership i. To provide a strategic lead in the protection, conservation and enhancement of the South Devon AONB. To prepare, monitor and review the AONB Management Plan on behalf of the Local Authorities responsible. To coordinate the implementation of the AONB Management Plan. To promote the distinctive qualities and national status of the AONB designation. v. To secure the core priorities of the Partnership members in the South Devon AONB. Terms of reference and role of the Partnership 1. The AONB Management Plan i. To prepare and review the AONB Management Plan on behalf of the local authorities responsible, at intervals of not more than five years. To co-ordinate the implementation of the AONB Management Plan Action Programme, with actions undertaken by a wide range of organisations as well as directly by the AONB Staff Unit. To monitor, and publish an annual report on, progress in the implementation of AONB Management Plan targets. 2. Geographical remit i. To focus on the South Devon AONB while having regard for the wider hinterland and communities insofar as they interact with the AONB. 3. Staffing and resources i. To provide guidance and advice to the AONB Core Funding Group concerning the direction of the AONB Staff Unit and use of resources, recognising that the Core Funding Group carries responsibility for those areas. To identify and secure the resources required for AONB management. To provide an accountable structure for the investment of government resources in the AONB. To consider and recommend to the AONB Core Funding Group an annual Business Plan for the AONB Staff Unit. 4. The purpose of the AONB designation i. To develop and promote the vision for the AONB and the objectives for its management. To identify, protect and conserve the distinctive environmental and cultural features of the AONB. To raise awareness of the AONB designation with the local community, with visitors and with all who have an influence on it. To identify and address the major issues affecting the AONB through the Management Plan process. 5. Consultation and liaison i. To hold an annual AONB Conference. To engage with a wide range of organisations in seeking consensus about AONB management. To forge links with other relevant fora, in particular the Local Strategic Partnerships and the community planning process. To develop links with local estuary management projects and other local environmental partnerships and initiatives. v. To develop and disseminate good practice in AONB management. vi. To establish links with other protected landscape areas including the National Parks and the wider AONB movement through the National Association of AONBs. v To support community initiatives which conserve and enhance the AONB and to encourage the participation of the community in the care and management of the AONB. South Devon AONB Partnership Memorandum of Agreement, March Page 5

6 6. Management structures and governance i. To maintain a management structure that is effective and relevant to the AONB. To review and revise the governance structures for the AONB every five years alongside the review of the AONB Management Plan, or sooner if circumstances require. To keep under review the Membership of the Partnership, introducing change as required. 7. Influencing i. To promote the AONB and its purposes to a range of bodies and engage them in its management. To act as an advocate for the AONB. To advise other bodies about their role in the management of the AONB and in particular promote the statutory duty for all public bodies to have regard for AONB purposes in the conduct of their functions. To influence regional, local and unitary planning policies affecting the AONB through the development plan process. v. To advise planning authorities in responding to significant development proposals affecting the AONB. 8. Information and research i. To commission research and studies relevant to the AONB. To monitor the condition of the AONB. 9. Task groups i. To establish task groups or technical groups as required. South Devon AONB Partnership Memorandum of Agreement, March Page 6

7 Annexe 2 The AONB Partnership: Constitution 1. The AONB Partnership i. The AONB Partnership will comprise the following organisations: The four AONB local authorities (South Hams District Council, Devon County Council, Torbay Council and Plymouth City Council), and Five statutory agencies (The Countryside Agency, English Nature, English Heritage, The Environment Agency and Government Office South West), and Four members representing key interest groups (see section 2iv below). The AONB Partnership will operate through the AONB Partnership Committee. 2. The AONB Partnership Committee The South Devon AONB Partnership Committee will comprise the following Members: i. Six representatives of the local authorities, as follows: Two Members representing South Hams District Council Two Members representing Devon County Council One Member representing Torbay Council One Member representing Plymouth City Council (A local authority member may be accompanied by an officer in an advisory capacity). Five members representing the statutory agencies, as follows: One Member representing the Countryside Agency One Member representing English Nature One Member representing English Heritage One Member representing the Environment Agency One Member representing Government Office South West Four members elected at the AONB Annual Conference, who will normally serve for a period of two years from the date of election, as follows: One Member representing the landowning or farming community of the AONB One Member representing the business community of the AONB One Member representing the non-governmental professional organisations active in the environmental management of the AONB One Member representing parish councils, community or voluntary groups active in the AONB. The Chairman of any Technical Group established by the Partnership will be seconded to the Partnership Committee and serve as a member for the duration of that group s work. Three technical groups may be established initially: The Chairman of the AONB Technical Group on land management and biodiversity The Chairman of the AONB Technical Group on historic environment and local distinctiveness The Chairman of the AONB Technical Group on the coast and estuaries 3. AONB Partnership Committee Members i. It is expected that Members of the Partnership Committee will: bring to the Partnership a wealth of experience and expertise of their own and of their respective organisations. South Devon AONB Partnership Memorandum of Agreement, March Page 7

8 take advice and information back to their respective organisations. act as an advocate for the AONB within and through their respective organisations. attend the Partnership Committee meetings. be active outside the scheduled partnership meetings. be committed to the purposes of AONB designation and management. on behalf of their organisations, arrange for the provision of relevant data sets and research material held by their organisations, in digitised format where possible, to the AONB staff unit to assist with the purpose of monitoring the state of the AONB. Local authority members will have an important role in reflecting the views and aspirations of their local communities on the Partnership. The partnership will seek to have an independent and non-political profile and be actively engaged with local communities and with the implementation of the Management Plan. An induction programme will be arranged for new Partnership members by the AONB Manager. 4. Appointment and termination of membership i. It will be for each member organisation to appoint its representative to the Partnership Committee. It is expected that each organisation will provide a nominated representative who will, in the interest of continuity, normally attend meetings. Substitutes may deputise but only in circumstances which prevent the attendance of the usual nominated representative. A member of the AONB Partnership Committee may resign his or her membership, or may be replaced by a new nominated representative of his or her organisation. The procedure for the election of those Partnership Committee Members appointed at the annual AONB Conference will be agreed by the Partnership Committee and implemented by the AONB Manager. That procedure will provide for publicity, calls for nominations in advance, the completion of nomination forms and brief statements from candidates in advance of the annual Conference, and the conduct of the ballot at the Conference. In the event of a vacancy occurring for one of the places normally elected by the AONB annual Conference, the Partnership Committee may, at its discretion, fill that place by co-option until the next annual Conference meeting takes place. v. In the event of any representative failing to attend three consecutive Partnership Committee meetings, that person and the organisation he or she represents will be considered to have resigned from the Committee and will lose their entitlement to membership of it. vi. The membership of the Partnership Committee may be altered by decision of the Partnership Committee. 5. Appointment of Chairman i. The Chairman and Vice Chairman of the Partnership Committee will be elected from the membership of the Partnership Committee, normally for a two year period. Alternatively, the Chairman may be appointed by invitation of the Partnership Committee from the wider community as an independent chairman. In the latter case, it would be expected that any such independent chairman would be a respected individual with significant relevant experience or skills and a good knowledge and understanding of the AONB and its issues. An independent chairman, if so appointed, would serve as a full member of the Partnership Committee for the duration of his or her period of office, but would not be entitled to appoint a substitute in the event of being unable to attend a meeting. In either case, the Chairman would be expected to act as a champion for the AONB at local, South Devon AONB Partnership Memorandum of Agreement, March Page 8

9 regional and national level; to be committed to the purposes of AONB designation and management; and to act as an effective chairman of the Partnership Committee meetings and the AONB Annual Conference. 6. Organisation of Partnership Committee meetings i. The Partnership Committee will meet normally four times a year. The quorum for meetings will be eight members. The secretariat for the Partnership Committee will be provided by the AONB Staff Unit. Partnership Committee meetings may be held at Follaton House Totnes but may also be held at any other suitable location within the AONB. Notice of Partnership Committee meetings will be sent out to members at least one month in advance of a meeting at which time members will be invited to submit items for inclusion in the agenda. v. Agendas and papers will be sent out to members at least one week in advance of meetings. vi. v v ix. Minutes will be distributed to members within two weeks following a meeting. Meetings will be open to members of the public and representatives of interested organisations to attend as observers. Members of the public or interested organisations may submit questions or information for consideration by the Partnership Committee meeting, provided that the question is submitted to the AONB Manager in writing at least three weeks in advance of the meeting date. The Partnership will provide a reply to any such questions through the AONB Manager within two weeks of the Partnership Committee meeting. The Partnership Committee may, at the discretion of the Chairman, invite any person or representative of an organisation to address and take part in a meeting where his or her knowledge or experience would contribute to a relevant matter on the agenda. The Partnership Committee will endeavour to make decisions by agreement and consensus whenever possible. However, where a vote is required to resolve an issue, the decision will be by simple majority and Members of the Partnership Committee will have equal voting powers. A local authority officer attending as an adviser to a local authority Member will not normally have voting powers; however, where a local authority Member is absent and no substitute is available, that Member s vote may be transferred to the officer if the Member s Authority so allows. x. In respect of press and publicity, only the Chairman and Vice Chairman of the Partnership Committee, the AONB Manager, or any person with their specific authorisation, may speak on behalf of the AONB Partnership. xi. The travel costs and any other costs of attending Partnership meetings incurred by Members will be borne by their respective parent organisations. However, any Member who is unable to claim travel expenses from a parent organisation will be entitled to claim reimbursement of reasonable expenses incurred, from the AONB budget. 7. The AONB Core Funding Group i. A Core Funding Group will advise the Core Funding Authorities on matters relating to the staffing, pay, conditions and budget of the AONB Staff Unit on behalf of the Partnership. The Core Funding Group will develop and approve the annual Business Plan for the AONB Staff Unit and recommend the Business Plan and annual budget to the Partnership Committee and each funding authority. The Core Funding Group will oversee the work of the AONB Staff Unit on behalf of the South Devon AONB Partnership Memorandum of Agreement, March Page 9

10 Partnership Committee and Core Funding Authorities. The Core Funding Group will initially comprise the following Members who are also Members of the Partnership Committee: Two Members and one officer of South Hams District Council Two Members and one officer of Devon County Council One Member representing the Countryside Agency v. The Core Funding Group will normally meet twice a year, although additional meetings may be held as circumstances require. Meetings may be scheduled to take place on the same day as the Partnership Committee Meetings. The quorum for a Core Funding Group meeting will be when a representative of each of the Core Funding Authorities is present. vi. v The Core Funding Group will report to the Partnership Committee and to the Core Funding Authorities. The Secretariat for the Core Funding Group will be provided by the AONB Staff Unit. The Group will normally meet twice a year but may meet on additional occasions at the request of any Group Member or the AONB Manager. 8. AONB Technical Groups i. The Partnership Committee may establish any Technical Group it considers appropriate, to provide a specialist focus on the implementation and monitoring of the AONB Management Plan or to undertake specific tasks. Membership of Technical Groups will be invited from agencies, organisations or sectors of the community with special knowledge, experience, interest or influence within the identified theme. Any application from organisations or individuals wishing to join a Technical Group will be considered by the Partnership Committee. The secretariat for any working groups will be provided by the AONB Staff Unit. The Technical Groups will report to the Partnership Committee. A Chairman will be elected for each Technical Group from the Technical Group members, and will serve for a period of two years or until the Technical Group is wound up if less than two years. The Chairman of any Technical Group established by the Partnership Committee will also serve as a Member of the Partnership Committee for the duration of his or her chairmanship. v. A Technical Group may be wound up either by decision of the Group itself, for example on completion of its work, or by decision of the Partnership Committee. 9. AONB Annual Community Conference i. A wider meeting of organisations, community groups, and the general public will be held once a year. The date will be agreed by the Partnership Committee with all administration arrangements thereafter being the responsibility of the AONB Staff Unit. The meetings will be advertised and be open to anyone to attend. The Conference will provide the opportunity for a wider exchange of information and views about the AONB and its management, and progress with the implementation of the AONB Management Plan. The Conference will discuss and recommend actions and priorities for AONB Management. The Conference will also be an opportunity for forging closer links between the Partnership and other local partnerships such as the Estuary Conservation Fora and local community strategy groups. South Devon AONB Partnership Memorandum of Agreement, March Page 10

11 Annexe 3 The AONB Staff Unit: Purpose and Terms of Reference Purpose of the AONB Staff Unit To provide a strategic, independent staff unit dedicated to the conservation and enhancement of the South Devon AONB. To co-ordinate and drive the implementation of the AONB Management Plan. Functions and terms of reference of the AONB Staff Unit 1. The AONB Management Plan i. To prepare, review and publish the AONB Management Plan with the Partnership on behalf of the local authorities responsible as required by the Countryside and Rights of Way Act To undertake projects and activities that contribute to the implementation of the AONB Management Plan To coordinate and drive the implementation of the AONB Management Plan by other agencies and organisations. To monitor and report annually on progress in the implementation of AONB Management Plan targets. 2. Business plan and work programme i. To prepare an annual business plan, work programme, budget and core funding bid for the AONB Staff Unit, prioritising activity that will be most effective in maintaining and enhancing the key features of the AONB. To publish an annual report on the work of the AONB Staff Unit. 3. Geographical remit i. To focus on the South Devon AONB while having regard for the wider hinterland and communities insofar as they interact with the AONB. 4. Resources i. To identify and secure the resources required for AONB management including external grants and funding. 5. The purpose of the AONB designation i. To establish and promote the vision for the AONB and the objectives for its management. To identify and protect the distinctive features of the AONB. To identify and address the major issues affecting the AONB through the Management Plan process. 6. Wider liaison i. To develop and disseminate good practice in AONB management. To maintain active links with other protected landscape areas including the National Parks and the wider AONB movement through the National Association of AONBs To maintain active links with the AONB Staff Forum and the SW Protected Landscapes Staff Forum. To represent the South Devon AONB at relevant conferences, events and training seminars. 7. Consultation and engagement i. To engage with a wide range of organisations in seeking consensus about AONB management. To encourage the participation of the community in the care and management of the AONB. To forge links with other relevant fora, in particular the Local Strategic Partnerships and the community planning process. To develop links with local estuary management projects and other local environmental partnerships and initiatives. South Devon AONB Partnership Memorandum of Agreement, March Page 11

12 8. Promotion and influencing i. To promote the AONB and its purposes to a range of bodies and engage them in its management. To act as an advocate for the AONB. To promote the value and national status of the AONB designation to local communities. To advise other bodies about their role in the management of the AONB and in particular promote the statutory duty for all public bodies to have regard for AONB purposes in the conduct of their functions. v. To promote the profile of the AONB and the AONB Partnership through a range of media including the press, leaflets, a web-site, separate letter heads and relevant publications. 9. Planning and development i. To influence regional, local and unitary planning policies affecting the AONB through the development plan process. To advise planning authorities in responding to significant development proposals affecting the AONB. 10. Information and research i. To commission research and studies relevant to the AONB. To monitor and report on the condition of the AONB. To act as an information resource in relation to the AONB. 11. Coast and Countryside Service i. To work closely with the South Hams Coast and Countryside Service which will host the AONB Staff Unit and provide a wide range of countryside management activities within the AONB and wider area. 12. AONB Partnership i. To provide the secretariat and support for the AONB Partnership and any Technical Groups or fora established by the Partnership. South Devon AONB Partnership Memorandum of Agreement, March Page 12

13 Annexe 4 The AONB Staff Unit: Development Plan An AONB development plan will normally reflect the programmes and priorities arising from the AONB Management Plan. In this case, the AONB Management Plan review is still underway and this Development Plan should therefore be regarded as provisional. In broad terms however, the requirements for AONB core funding are expected to remain stable for the first three year period, as the new staffing and governance arrangements are introduced and consolidated. The requirements for AONB project funding will rise on completion of the Management Plan, although this will be dependant on securing new external funding. The key developments for the three year period will therefore be: 1. To establish the AONB Staff Unit hosted by South Hams District Council. The AONB Staff Unit will comprise: The AONB Manager, employed full time The AONB Project Officer, employed full time The AONB Community and Communications Officer, employed full time The AONB Information and Administration Officer, employed full time 2. To establish the new Partnership and governance structures. 3. To complete the revision of the AONB Management Plan , together with its formal adoption, launch and publication. 4. To raise the profile of the AONB through a range of publicity materials and media. 5. To secure and deliver the Changes and Challenges Heritage Lottery Funded programme for the AONB with the South Hams Coast and Countryside Service and other partner organisations. 6. To develop a range of other partnerships for the implementation of the AONB Management Plan and to seek and secure new sources of external funding to resource project work. 7. To undertake further research work in partnership with other organisations aimed at informing the state of the AONB indicators. South Devon AONB Partnership Memorandum of Agreement, March Page 13

14 Annexe 5 The AONB Staff Unit: Arrangements for Employment, Accommodation etc. 1. Arrangements for hosting and accommodation The AONB Staff unit will be based at the offices of South Hams District Council, Follaton House, Totnes. As hosting authority, South Hams District Council will: act as employer of the AONB staff. provide office accommodation, cleaning, caretaking, etc. provide office services including telephone, postage, etc. provide accountancy and financial services, with the AONB unit managed as a separate cost centre. provide personnel, payroll, insurance and legal services. provide IT maintenance and support services including the upgrade and renewal of hardware and software and provision for the establishment of an AONB internet web-site and as a separate domain within the District Council s server. The funding of these services will be provided for within the Memorandum of Agreement. 2. Recruitment and appointment All new appointments will be advertised: the job description, advertisements and arrangement for selection will be agreed by representatives of the Core Funding Authorities, subject to the approval of South Hams District Council as employing authority. The Countryside Agency will be represented on the interview panel. Appointment of staff and termination of contracts will be subject to South Hams District Council terms and conditions of employment. 3. Authority for incurring expenditure The AONB Manager will be authorised to incur expenditure on projects and activities provided that such expenditure is: within the annual budget approved by the Core Funding Group and within the remit of the AONB Management Plan and complies with the financial regulations of South Hams District Council South Devon AONB Partnership Memorandum of Agreement, March Page 14

15 Annexe 6 The AONB Staff Unit: Eligible Costs for Countryside Agency Grant Purposes Eligible costs will include: i. advertising for vacant posts. travel and subsistence costs incurred by interview candidates and other recruitment costs. accommodation (office rents, rates and cleaning), IT, office services and equipment, insurance, health and safety. management and support costs, including financial, legal and personnel services. v. staff salaries, employers national insurance, superannuation contributions and payments in respect of absence through sickness in accordance with the South Hams District Council conditions of service. vi. v v ix. pay awards and inflationary increases. maternity pay. external training. travel and subsistence expenses. x. any redundancy payment due to a post holder employed by South Hams District Council exclusively for the purpose of this Agreement and where the post holder s entitlement to the payment arises as a result of the termination of this Agreement by the Countryside Agency and/or withdrawal or cessation of grant aid by the Countryside Agency in respect of the Agreement. xi. x x a partnership budget to be used for external costs necessary, for example specialist advice, research, public relations, publications, events. external costs of establishing and running the Partnership. external costs associated with the production of the AONB Management Plan. x other project and activities necessary to deliver the core functions listed in Annexe 3. South Devon AONB Partnership Memorandum of Agreement, March Page 15

16 Annexe 7 Protocol for AONB Partnership Involvement in Planning and Development Control Issues. 1. The Partnership Committee, acting through the AONB Manager, will: i. seek to make a positive contribution to regional, local and unitary planning policies affecting the AONB through the development plan process. provide constructive advice and information relating to development proposals and planning policy in response to requests from planning authorities. comment on individual development proposals in cases where they would have a significant impact on the character of the AONB or where they would establish an important precedent for future applications*. 2. The Planning Authorities will: i. continue to give the AONB the highest level of protection in relation to landscape and scenic beauty, through the exercise of their planning functions, and to reflect this in appropriate planning policies. consider adopting relevant sections of the AONB Management Plan as Supplementary Planning Guidance. involve the Partnership as a consultee in the process of revising and producing Structure, Local or Unitary Development Plans (or any equivalent Plans following changes to planning legislation). involve the Partnership, through the AONB Manager, as a consultee on any planning applications significantly affecting the character of the AONB (whether sited inside the AONB or in the areas closely adjoining it), in particular: infrastructure developments (such as roads, car parks, communication and energy generation or transmission facilities) any tower or similar structures that would be visible over a wide area of the AONB developments which would affect currently undeveloped and remote areas of coastline and estuaries developments that would impact on popular recreational trails such as the South West Coast Path and estuary trails in the AONB, whether by affecting the route of the trail itself or the quality of experience for users of the trails * Framework for submitting comments on planning applications: Any representations made by the Partnership will be based on the published policies and aims contained in the AONB Management Plan. Where timescales permit, the representation will be endorsed by a Partnership Committee meeting in advance of its submission. Where the schedule of Partnership Committee meetings will not allow this to be done in time for the closing date for representations to be made, then the AONB Manager will submit a representation on behalf of the Partnership and report this action at the next scheduled Partnership Committee meeting. South Devon AONB Partnership Memorandum of Agreement, March Page 16