Purpose

Approve updates to LCAF’s terms of reference in line with The Local Access Forums (England) Regulations 2007, member feedback, and council procedure.

Decision

Approve and publish updates to the Bracknell Forest Local Countryside Access Forum’s Terms of Reference, as detailed in the report.

Reasons for the decision

1.     Out of date terms

The Forum’s Terms of Reference were agreed in 2002. There is no record of the terms having been updated in the 23 years since. An urgent review needs conducting of the terms to ensure they reflect the Forum’s current operations, whilst complying with the regulations that apply to Local Access Forums.

2.     Responsibility for review

Bracknell Forest Borough Council is responsible in leading this review, in consultation with the Forum. The Council is the local highways authority and the appointing authority, with overall administrative oversight and responsibility for ensuring the Forum is run according to regulations and its established terms of reference. The Council also acts, as Forum Secretary. This involves managing the day-to-day administration and ensuring the Forum adheres to its governance documents. This includes the terms of service/reference.

3.     Meeting frequency

Up until 2016 Forum meetings were held twice a year. At their 11 October 2016 meeting, LCAF members agreed to an extra annual meeting. The reasoning is contained in the extract contained in section 6.2 of this report. There is flexibility in the Forum changing meeting frequency, so long as it complies with the regulations, which is to ‘hold at least two meetings every year’. The Forum also organises site visits for members, which is of interest and relevance to their work.

4.     Modern practices During the COVID-19 pandemic members and officers had met online via Teams or Zoom calls, to comply with the various lockdowns imposed by the Government. When restrictions were lifted, some members expressed preference to meet again in person. Hybrid meeting options were introduced to LCAF on 10 October 2023. Refer to section 6.3 of this report for an extract from the relevant meeting minutes. Meetings are held in the Council Chamber at the Time Square Council Offices, on Market Street, Bracknell. Hybrid joining options are available and give attendees more choice and flexibility. This was especially important following the pandemic, where people’s working patterns and lifestyles had significantly changed.

5.     Membership and recruitment – roles and inclusivity The proposed changes recommend removing outdated references to an appointment committee (comprising ‘a BFBC Councillor, two BFBC Officers and a non-BFBC representative’) and a selection interview. Instead, new membership applications are considered and decided by the Council’s parks and countryside team. This is appropriate given the Council’s role as the appointing authority (refer to Local Access Forums: role of the local authority). Before making an appointment, the Council will consider an individual’s relevant abilities and skills and the knowledge, perspective and experience they would bring 3 to the Forum. Any members are also appointed in consultation with the Forum Chair, to maintain the excellent partnership working between the Forum and the Council.

Other proposed updates include:

• Offering new members the opportunity to meet online for informal introductions, which is more friendly and engaging than a formal interview.

• Providing instructions about how new potential members might apply to join the Forum. For example, where to access the application form.

• Making the process more inclusive, by offering online and hard copy submissions and offering paperwork in alternative formats, such as large print.

6.     Local Access Forums regulations

Originally agreed at the Forum’s first meeting in 2002, the current terms refer to the Local Access Forums (England) Regulations 2002. These have since been revoked and replaced by the Local Access Forums (England) Regulations 2007. Refer to section 6.4 of this report for an overview of the updates to these regulations. The Forum’s Terms of Reference should remove detailed procedural content, such as membership terms, detailed proceedings of a meeting and the roles of Chair and Vice Chair. They instead provide a clear reference to the Local Access Forums (England) Regulations 2007, where this information can be accessed online.

7.     Increased representation and inclusivity

The user categories in the membership section need updating to include interests currently represented on the Forum. This includes trail riders, conservation volunteers and those with nature conservation interests. This strengthens the Forum’s credibility and breadth of advice.

8.     Strengthened advisory role

The Terms of Reference describe the legislation by which Forum’s operate, and the advice they give to local authorities about improvement of public access to land in their area for open-air recreation. This review has highlighted the need to provide further context about the type of rights of way and outdoor recreational advice the Forum provides.

• Actions that can be taken to improve access to all.

• offering potential solutions for where a right of way is likely to be affected by a future development proposal.

• provides input to, and comments on, Local Transport Plan, Local Plan and Local Cycling and Walking Infrastructure Plan. Other functions outlined in the Terms of Reference remain unchanged. For example, preparation of maps of 'open access' land in the borough and future management of any such land’ and ‘national or local consultation documents relating to public rights of way or access to open countryside.’

9.     Strategic access improvements

The Forum assists the Council with the development and implementation of a ‘Rights of Way Improvement Plan’ (RoWIP) for the borough. 4 The RoWIP is a 10-year strategic document that sets out how the Council intends to work with others to improve the management, provision and promotion of our rights of way network. The Forum has a special interest in developing new routes and links and championing access for all, as per RoWIP policies one and three. This is reflected in the proposed updates to the Terms of Reference.

10.  Council procedure

The proposed updates aim to better reflect how the Council supports the Forum. While reimbursement of members’ reasonable expenses is no longer provided, the Council offers other forms of support. This includes hosting meetings with hybrid facilities, providing secretarial services for agendas and minutes, publishing meeting records online, and facilitating informal introductions for new members.

Alternative options considered

i.       Without clear examples of the Forum’s advisory role (for example, input on  development proposals affecting rights of way), its ability to influence planning and  strategic decisions could diminish, weakening its statutory impact.

ii.     Lack of a defined applications process and clarity on the Council’s appointing  authority role may lead to inconsistent or opaque recruitment, undermining  transparency and diversity.

iii.    Outdated meeting arrangements (for example, no hybrid options, unclear frequency)  could reduce member engagement and flexibility, especially for those unable to  attend in person.

iv.    Retaining old procedural text instead of referencing the Local Access Forums  (England) Regulations 2007 risks non-compliance with statutory requirements and  council governance standards.

v.     Failure to expand membership categories (such as trail riders and conservation  volunteers) may exclude key stakeholders, reducing diversity and credibility of  advice.

vi.    Omitting reference to the Forum’s work to promote new routes and links, could hinder  the work of the Rights of Way Improvement Plan (ROWIP) to proactively develop  connected and accessible networks.

vii.   A lack of modern practices and inclusivity may create the misconception the Forum is outdated and unresponsive to community needs, reducing public trust and engagement.