URL: https://reigate-banstead.moderngov.co.uk/ieDecisionDetails.aspx?ID=1253

Decision Maker: Head of Greenspaces, Leisure and Culture

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: No

Purpose: he Banstead Commons Conservators (the BCC) is a statutory body which was created in by the Metropolitan Commons (Banstead) Supplemental Act 1893 (The Act) to regulate and manage the four Banstead Commons, namely Banstead Downs, Banstead Heath, Burgh Heath, and Park Downs. The four separate parts of the Banstead Commons span from the M25 in the south to the border of the London Borough of Sutton in the north and comprise a total area of approximately 1400 acres. Together they make up about half of the Council’s open green spaces. (i) The primary function of the BCC is to protect the surface of the Commons and the trees, shrubs and plants growing on them. (ii) The BCC are legally required to maintain the Commons free from encroachment and enclosure. (iii) The BCC have the powers of management, improvement, control and preservation necessary to protect the integrity of the Commons. In some instances these powers specifically override those of the relevant landowners. (iv) The BCC are entitled to frame Byelaws and Regulations to enforce their responsibilities and also to preserve order and to prevent nuisance on the Commons. For many years, in addition to their statutory duties, the BCC have performed maintenance of the Commons in accordance with the obligations under the Act. The Council in recognition of the work undertaken by BCC on their behalf, have contributed towards the funding of the activities of the BCC. The most recent funding agreement has now lapsed, requiring an up to date agreement to be finalised to ensure the appropriate framework is in place to document and support effective working between the Council and the BCC, and to ensure clarity of the basis on which the Council’s funding to the BCC is provided. The updated funding agreement is for the period 2026/27 – 2030/31, with the Council’s role in this agreement transferring to the new East Surrey Council on vesting day (1/4/27). The funding breakdown, subject to the Council’s annual budget review, is as follows: Financial year Amount 2026/2027 £115,000 2027/2028 £125,000 2028/2029 £130,000 2029/2030 £135,000 Paragraph 9.11 of the scheme of delegation states as follows: “Enter into service level agreements for the management and operation of greenspaces and countryside areas such as the Downlands Countryside Management Service; Reigate Heath; Banstead Commons Conservators; Earlswood Common” with the decision delegated to the Head of Service for Neighbourhood Operations, in consultation with the Executive Member with responsibility for Parks and Countryside. Since this element of the scheme of delegation was last updated, Head of Service responsibility for Greenspaces (which is the service responsible for the Banstead Commons Conservator funding agreement) has transferred from the Head of Neighbourhood Operations to the Head of Greenspaces, Leisure & Culture, and the Executive Member with responsibility for Parks and Countryside is Portfolio Holder for Greenspaces and Environmental Sustainability. Declarations of Interest Paragraph 15.1 of the funding agreement acknowledges that certain Conservators may also be elected Members of the Council, as is currently the case with Cllr Nadean Moses who is the Portfolio Holder for Greenspaces and Environmental Sustainability being one of two elected Members who also hold roles as Conservators, and that individuals holding dual roles shall not participate in discussion or decision-making in the relevant capacity. (For completeness, the second elected Member who also holds a role as a Conservator is Cllr Peter Harp.) The Executive Member consultation has therefore been undertaken with the Leader of the Council as opposed to the Portfolio Holder for Greenspaces and Environmental Sustainability, to maintain appropriate separation and avoid any perceived or actual conflict of interest. Consultation Paragraph 15.1 of the funding agreement acknowledges that certain Conservators may also be elected Members of the Council, as is currently the case with the Portfolio Holder for Greenspaces and Environmental Sustainability being one of two elected Members who also hold roles as Conservators, and that individuals holding dual roles shall not participate in discussion or decision-making in the relevant capacity. The Executive Member consultation has therefore been undertaken with the Leader of the Council, who may act on behalf of any of the Executive Members, and who endorses this delegated decision. Reason for decision To provide the funding required to support the Banstead Commons Conservators in undertaken their core duties.

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Date of Decision: July 1, 2026