Agenda item

This report asks the Conservators to consider whether any changes may be required to the Epsom and Walton Downs Regulation Act 1984 to ensure the continued effective governance, management, and operation of Epsom and Walton Downs following Local Government Reorganisation (LGR).

Epsom & Ewell Borough Council is due to be dissolved on 31 March 2027, with the new East Surrey Council assuming responsibilities and services from 1 April 2027.

This report invites the Conservators to initiate early discussion on whether amendments or clarifications to the Act, or associated governance arrangements, may be required to support a smooth transition and continuity of function.

The Conservators received a report asking them to consider whether any changes may be required to the Epsom and Walton Downs Regulation Act 1984 to ensure the continued effective governance, management, and operation of Epsom and Walton Downs following Local Government Reorganisation (LGR).

Epsom & Ewell Borough Council is due to be dissolved on 31 March 2027, with the new East Surrey Council assuming responsibilities and services from 1 April 2027.

The report invited Conservators to initiate early discussions on whether amendments or clarifications to the Act, or associated governance arrangements, may be required to support a smooth transition and continuity of function.

The followings matters were considered:

a)            The Act. A Member of the Conservators raised that following rereading the 1984 Act, there is an argument that the new six ‘council’ representatives appointed to the Conservators should be from across all of East Surrey as East Surrey Council will be paying 60% of the precept to the Conservators budget. However, they stressed the importance set out in the Act that the council appointed Conservators should have a strong local link understanding of the area and community. They explained that therefore, the 6 council appointed Conservators, following the dissolution of Epsom and Ewell Borough Council, should be drawn from the 5 Epsom and Ewell East Surrey Council Wards, or neighbouring wards of the Downs from Mole Valley and Reigate and Banstead. The Member explained that the issue with opening up the Conservators appointments to all councillors in East Surrey could result in a situation where Conservators have no knowledge or interest in Epsom Racing Industry.  

b)            Clerk to the Conservators. A Member of the Conservators raised that there is a potential issue with the Clerk to the Conservators position transferring from the Chief Executive of Epsom and Ewell Borough Council to the Chief Executive of East Surrey Council. The issue being that the workload and complexities of the CEX of East Surrey Council will be far greater and the individual will potentially be much further removed from Epsom and Ewell and an understanding and involvement with the Downs and racing industry. The Member suggested that the Clerk to the Conservators could instead be someone nominated by East Surrey Council, either an employee of ESC or somebody with a local interest and connection, who can ensure communications between relevant stakeholders throughout the year.

c)            Racecourses. A Member of the Conservators expressed support for the comments about limiting the council appointed Conservators by location and area, as there are other racecourse within the East Surrey area, namely Sandown, and Epsom and Ewell Councillors would not partake in decision making or management of those racecourses.

·                     The Chair proposed that recommendation 3 was amended so a Working Group Meeting could take place to enable Conservators not present to participate in and further discuss potentially relevant changes and clarifications to the Act.

Recommendation 3 amended wording, ‘Discuss any proposed additions, amendments, or clarifications at a Working Group Meeting, for review by the Chair and Clerk. Proposal to then be shared for comment to East Surrey Shadow Councillors representing Epsom and Ewell Wards, to then be recommended to Full Council and submitted to Ministry of Housing, Communities & Local Government (MHCLG) for consideration.’

This proposal was seconded by the Vice Chair.

The Conservators unanimously agreed the amendment to recommendation 3.

Following consideration, the Conservators unanimously resolved to:

(1)      Consider the potential implications of LGR changes for the governance and operation of the Conservators under the Epsom and Walton Downs Regulation Act 1984.

(2)      Identify any areas within the Act, or associated governance arrangements, that may require amendment, clarification, or further review.

(3)      Discuss any proposed additions, amendments, or clarifications at a Working Group Meeting, for review by the Chair and Clerk. Proposal to then be shared for comment to East Surrey Shadow Councillors representing Epsom and Ewell Wards, to then be recommended to Full Council and submitted to Ministry of Housing, Communities & Local Government (MHCLG) for consideration.