community governance review · 2018. 5. 11. · government and the local government boundary...

For the Parishes of Brickhill and Ravensden

Community Governance Review

as adopted by the Council’s General Purposes Committee on 22 January 2013

Terms of Reference

including the future arrangement for the development known as Woodlands Park within Ravensden Parish

February 2013

CONTENTS 1. Introduction 1 2. Consultation 3 3. Electorate Forecasts 5 4. Demographic Trends and Influences in the Area 5 5. The Present Structure of Parishes and Their Electoral Arrangements 6 6. Names and Styles 10 7. Electoral Arrangements 10 8. Conclusion 10 Appendix A: Existing Parish Councils and Electoral Ratios 12 Appendix B: Existing Parish Council and Band D Council Tax 15

Precepts 2012/13 Appendix C: Powers and Duties of Parish Councils 17

February 2013

1. INTRODUCTION Setting The Context Brickhill Parish Council is the only “urban” area in Bedford Town which is parished and has its own Parish Council. The Order creating the Parish of Brickhill was made in 2004, with a further Community Governance Review conducted for Brickhill in 2008 which resulted in the establishment of three Parish Wards. Following representations made by Brickhill Parish Council and by Ravensden Parish Council, Bedford Borough Council authorised the Council’s Chief Executive to, if deemed appropriate, undertake a Community Governance Review in respect of both Brickhill Parish and of Ravensden Parish such that it would consider the future arrangements for the development known as Woodlands Park. There does not appear to have been a review in relation to Ravensden Parish since 2004. At the time of this Review, the Parish of Brickhill is comprised of three Parish Wards and four polling districts. The first of these polling districts has the designation letters BA which covers Brickhill East Parish Ward, the second, BB, covers Brickhill North Parish Ward, BC and BD cover Brickhill South and West Parish Ward. Ravensden Parish is comprised of three polling districts. The first of these polling districts has the designatory letters NQ and is comprised of the central area of the Parish covering the Cleat Hill and Wood End areas in the Parish, NR which is comprised of the Church End area of the Parish north of Oldways Road and east of the B660, and NP which covers the Woodlands Park development and the remaining Parish area north, adjacent to the brook. Polling district maps are available at http://www.bedford.gov.uk/council_and_democracy/elections/2011_polling_districtplaces.aspx. The following data is relevant to this Review and is derived from the Register of Electors published on 16 October 2012.

Polling District

Total Electors 16 + 17 Year Old included

Over 70 Year Olds

NonCommonwealth or Irish - European Union Electors

Brickhill BB 2211 52 271 89 BA 2012 43 533 85 BC 1591 28 301 68 BD 871 26 105 71

Ravensden NP 1049 31 83 56 NQ 399 8 93 6 NR 195 3 30 0

Why Undertake A Community Governance Review? Guidance issued by the previous Government but which has not been replaced by this Government, suggests that it is good practice to conduct a Community Governance Review every 10-15 years. The Borough Council is now able to undertake a Community Governance Review as it has the legislative powers to create and amend parishes and the electoral arrangements for Parish Councils in the Borough. Whilst Brickhill Parish Council did make representations prior to the Community Governance Review undertaken in 2008 concerning the Woodlands Park development, that review concluded that the Brickhill Parish boundaries were appropriate as they existed. This review was prior to the electoral review of the Borough by the Local Government Boundary Commission for England (LGBCE). The LGBCE’s final recommendations were to retain the Woodlands Park development within Great Barford Borough Ward. Whilst the LGBCE had no powers to create or abolish existing Parish boundaries, they did have the power to establish Parish Wards, had they chosen to include the Woodlands Park development within Brickhill Borough Ward. In addition to Brickhill, representations were also received from Ravensden Parish Council for their boundary to be redrawn to exclude Woodlands Park. It is now proposed that the Borough Council, as part of this Community Governance Review, considers the future parish arrangements for the Woodlands Park development. Four possible options that could be examined are

- No change to Brickhill and Ravensden Parishes - Ravensden Parish being amended to exclude the Woodlands Park

development and Brickhill Parish being amended to include the development - The creation of a new Parish for Woodlands Park - The creation of a de-parished area for the development

What Is A Community Governance Review? A community governance review can cover a range of proposals, such as creating, merging, altering and abolishing Parishes. The Review must have regard to the need to secure community governance that reflects the identities and interests of the community in the area and that is effective and convenient. It is proposed that the Review considers Community Governance matters in Brickhill and Ravensden Parishes, and that within this it look specifically at the Parish arrangements of the Woodlands Park development presently within Ravensden Parish. The Borough Council will undertake this Community Governance Review under the powers within Part 4 of the Local Government and Public Involvement in Health Act 2007 and the relevant parts of the Local Government Act 1972, and in accordance with the following regulations: Local Government (Parishes and Parish Councils) (England) Regulations 2008 (SI2008/625); Local Government Finance (New Parishes) Regulations 2008 SI2008/626). The Council will have regard to the statutory Guidance on Community Governance Reviews issued in accordance with section 100(4) of the Local Government and Public Involvement in Health Act 2007 by the Department of Communities and Local

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Government and The Local Government Boundary Commission in April 2010. The 2007 Act has transferred powers to the principal councils which previously, under the Local Government Act 1997, had been shared with the Electoral Commission’s Boundary Committee for England. Parish Governance In The Review Area Town and parish councils are important stakeholders within the Borough. The Borough Council wants to ensure that there is clarity and transparency as to the areas that town and parish councils represent and that the electoral arrangements of parish councils – the warding arrangements and the allocations of Councillors – are appropriate, equitable and readily understood by their respective electorate. The Borough Council wants to ensure that any parish governance in the Borough is robust, representative and enabled to meet the challenges that lay before it. Ultimately, the recommendations made in a community governance review should bring about improved community engagement, more cohesive communities, better local democracy and result in more effective and convenient delivery of local services. 2. CONSULTATION How Consultations Will Be Conducted This section sets out how the Borough Council proposes to conduct consultations during the separate stages of the Review. Specific details of the consultation periods are set out in the timetable below. In coming to its recommendations in this Review, the Borough Council will take into account the views of local people. The Borough Council will consult the local government electors for the area under review - Brickhill and Ravensden, including Woodlands Park - and any other person or body who appears to have an interest in the Review and to take the representations that are received into account by judging them against the criteria in the Local Government and Public Involvement in Health Act 2007. The decision of the Council will be taken in public and the reasons publicised in the area affected by the Review. Details of the consultation will be circulated by letter to all electors in the area under review and will also be published in the parish newsletters of the area concerned. In addition, this information will be posted on the parish council noticeboards of Brickhill, Ravensden and in Woodlands Park. All stakeholders will be invited to complete a response form. Public meetings will be held at a community facility in Ravensden, Brickhill and Woodlands Park. Details will be available on the Borough Council’s website and the Borough Council will also engage with the media to publicise the consultation. It is hoped that the Parish Councils for Brickhill and Ravensden will include the review in any meetings they have during the period of the review and on any websites they have.

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How to contact us For further details please contact The Registration & Records Unit, Bedford Borough Council, Borough Hall, Cauldwell Street MK42 9AP or e-mail: [email protected] with the words Brickhill-Ravensden in the e-mail heading. A timetable for the Review The Community Governance Review commences with the publication of this Terms of Reference and the review must be completed within twelve months of that date. An indicative timetable for this review is as follows: Action

Timetable Date

Stage 1: Terms of reference are published. Start of formal Community Governance Review

23 February 2013

Stage 2: Initial submissions are invited

Three months 23 February 2013 – 23 May 2013

Stage 3: Consideration of submissions received and draft Recommendations are prepared

Two months 23 May 2013 – 24 July 2013 (Provisional date for General Purposes Committee meeting: 18 June)

Stage 4: Draft Recommendations are published – consultation on them

Three months 25 July 2013 – 25 October 2013

Stage 5: Consideration of submissions received and Final Recommendations are prepared and published; interested parties informed

Two months 26 October 2013 – 26 December 2013

Recommendation and draft Order submitted to Council

January 2014 (Provisional date for Council meeting: 15 January)

Application of Decision and reasoning and interested parties informed. Copy of Order with map(s) placed on deposit and notification as required.

As soon as practicable

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mailto:[email protected]

3. ELECTORATE FORECASTS The Borough Council was the subject of an electoral review in 2010-2011 and this review utilised data from the electoral register in 2008 and projections to 2015. These figures are as follows for the respective Parish Wards. Ward Area Electorate

2008 Variance from average (%)

Electorate 2015

Variance from average (%)

Brickhill 6616 14% 6633 8% Great Barford 5179 -11% 5846 -5% The Borough Council is required to consider the number and distribution of electors which is likely to occur in the period of five years beginning with the day when the review starts. The same methodology used to develop the electorate figures utilised for the LGBCE’s electoral review of the Borough Council will be used to provide estimates until 2018. It is the government’s guidance that these forecasts should be made available to all interested parties as early as possible in the review process, ideally before formal commencement of the review so that they are available to all who may wish to make representations. This data is as follows: Parish Area Polling District Electorate 2013 Electorate 2018 Brickhill North BB 2211 2211 Brickhill East BA 2012 2012 Brickhill South & West

BC BD

1591 871

1591 883

Ravensden NP NQ NR

1049 399 195

1091 401 195

4. DEMOGRAPHIC TRENDS AND INFLUENCES IN THE AREA Individual Borough ward profile data is available for Brickhill and for Great Barford Wards (which includes the parish of Ravensden). These profiles will be refreshed as a consequence of the 2011 Census once this becomes available. This may be after the review has concluded. A parish profile for Ravensden is available but this is based on the 2001 census and as such will not take account of developments over more than a decade. These profiles are available at http://www.bedford.gov.uk/council_and_democracy/statistics_and_census/ward_profiles.aspx. If you would like to receive a paper copy of this document, please contact Fiona McCabe at the address/email provided in these Terms of Reference.

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http://www.bedford.gov.uk/council_and_democracy/statistics_and_census/ward_profiles.aspx

http://www.bedford.gov.uk/council_and_democracy/statistics_and_census/ward_profiles.aspx

5. THE PRESENT STRUCTURE OF PARISHES AND THEIR ELECTORAL

ARRANGEMENTS Introduction This review will need to consider the current boundaries and electoral arrangements within the two parishes concerned. Present Sructure Of Parish Governance In Our Area The Borough of Bedford has 45 parishes. A list of the parishes is given in Appendix C and this Appendix also identifies the number of Parish Councillors and the ratio of electors to Parish Councillors. In addition, details of the Council Tax precepts for 2012/13 in relation to those parished areas are set out at Appendix D. There are no moribund parish councils and there have been calls in the recent past for the size of some parish councils to be increased in order that the members can deal with the volume of work. Ravensden Parish is surrounded by the parishes of Renhold, Wilden, Bolnhurst and Keysoe, Thurleigh, Clapham, Brickhill and the unparished area of Putnoe Ward. Brickhill is also partly bounded by the unparished area of Putnoe Ward and the unparished wards of De Parys and Harpur Wards. There are a small number of properties, specifically in Lombardy Close, Rowallan Drive and Troon Close which whilst currently in the Brickhill Parish/Ward are on the eastern boundary with Putnoe. Neighbouring Parishes to Brickhill are Clapham and Ravensden. Present Electoral Matters for Brickhill and Ravensden Parishes As of 16 October 2012, Brickhill had 6,685 electors with 13 Parish Councillors representing the area. Ravensden Parish has an electorate of 1,643 electors with 7 Parish Councillors representing the area. Of these electors, 1,049 are resident in the Woodlands Park development. The electoral ratios for Brickhill and Ravensden Parishes are, therefore, as follows: Parish/Ward Name Electorate -

2013 Number of

Parish Councillors

Electoral Ratio (ie one Parish Councillor per

how many electors)

Brickhill: North East South & West

2211 2012 2462

4 4 5

514

Ravensden 1,643 7 235

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Parishes Bedford Borough Council is anxious to ensure that electors should be able to identify clearly with the parish council area in which they are resident because it considers that this sense of identity and community lends strength and legitimacy to the parish structure, creates a common interest in local affairs, encourages participation in elections to the parish council, leads to representative and accountable government, engenders visionary leadership and generates a strong, inclusive community with a sense of civic values, responsibility and pride. A list of the powers and duties of parish councils is included at Appendix C. The Borough Council considers that parishes should reflect distinctive and recognisable communities of interest, with their own sense of identity; the feeling of local community and the wishes of local inhabitants are primary considerations in this Review. The process of this review can be said to be in support of the Council’s Corporate Plan where ‘all people feel part of the wider community’ and ‘participate in civic life’. The Borough Council wishes to balance carefully the consideration of changes that have happened over time, through population shifts or additional development, for example, and that have led to a different community identity with historic traditions in its area. The Borough Council also notes the government’s guidance that community cohesion should be taken into account in this review. Whilst this guidance was published by the previous Government, it has not been replaced by the present Government and therefore remains to be considered when undertaking reviews of this nature. In addition the Council will be mindful in carrying out the review to its duties under the Equality Act 2010 which came into force in April 2011. The Equality Act 2010 places a duty on the Authority “to have due regard to” the need to eliminate discrimination, advance equality of opportunity and foster good relations in regards to age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The Borough Council is further mindful of the government guidance referred to already in which it strongly states that it “expects to see a trend in the creation, rather than the abolition, of parishes”. Boundaries The Borough Council invites views on the possible redrawing of the Parish boundaries of Brickhill and Ravensden. Part of the review will also be to consider the current Parish Warding arrangements and whether this still best reflects the community identity of the parish. The Council considers that Parish boundaries should where possible be easily identifiable. These barriers will be either natural or man-made: they might include rivers or man-made features such as parks, railways, major road – those barriers that oblige the residents of an affected area to have little in common with the remainder of the Parish council area to which they may have been allotted.

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The Council considers that ‘natural’ settlements or settlements as they are defined in the Local Development Framework should not in normal circumstances be partitioned by electoral boundaries. The Council will endeavour to select boundaries that are and are likely to remain easily identifiable. Council Size The government has advised, and this Council concurs that “it is an important democratic principle that each person’s vote should be of equal weight so far as possible, having regard to other legitimate competing factors, when it comes to the election of Councillors.” By law, each Parish Council must have at least five Councillors and there is no specified maximum. As guidance, the National Association of Local Councils (NALC) suggest the minimum number of Councillors for any Town/Parish should be 7 and the maximum 25. The former Aston Business School published the following indicative table for representation on Parish Councils: Electorate Parish Councillor Allocation Less than 500 5-8 501-2,500 6-12 2501-10,000 9-16 10,001-20,000 13-27 Greater than 20,000 13-31 By law, the Borough Council must have regard to the following factors when considering the number of Councillors to be elected for a Parish Council(s): • the number of local government electors for the area; • any change in that number which is likely to occur in the period of five years beginning with the day when the Review starts. Each area will be considered on its own merits having regard to its population, geography and the pattern of communities. In addition the pattern of delivery of services by individual Parish Councils may affect the optimum number of Parish Councillors in any individual case. Parish Warding Parish warding is the division of the Parish Council area into appropriately sized wards for the purpose of electing Parish Councillors. Any Community Governance Review must examine the number and boundaries of Parish Wards, their names and the number of Councillors to be elected to each ward. In determining warding arrangements regard will be given to community ties in the area. In considering whether or not a Parish Council area should be divided into wards, the legislation requires that consideration be given to whether:

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a) The number, or distribution of the local government electors for the area would make a single election of Parish Councillors impracticable or inconvenient; and b) It is desirable that any area or areas of the Parish Council should be separately represented. There is a need to consider not only the size of the electorate in the area but also the distribution of communities within it. Warding arrangements should be clearly and readily understood by and should have relevance for the electorate in the Parish Council area. The Council will be mindful of all this guidance. Each case will be considered on its merits and on the basis of information and evidence provided during the course of the review. Parish Ward proposals should have merit in themselves; not only should they meet the two tests laid down in the Act (namely): (a) Whether the number, or distribution, of the local government electors for the Parish Council would make a single election of councillors impractical or inconvenient (b) Whether it is desirable that any area or area of the Parish Council should be separately represented on the council. They should also be in the interests of effective and convenient local government. They should also not be wasteful of a Parish Council’s resources. The Pattern Of Community Representation And Community Engagement The Council will take account of the nature of the area under review to determine whether the creation of a Parish Council for the area, rather than moving the boundaries of existing Parishes, would reflect the identities and interests of the community. In considering whether to separate out parts of the existing parishes of Ravensden and/or Brickhill, consideration needs to be given to the name of the new parish, whether there should be a new parish council and whether any new parish should be styled using one of the alternative names referred to elsewhere in these Terms of Reference. In relation to any existing parish, the review must come to a conclusion whether an area should be altered or retained and whether the name of the parish should be changed. The review must also make a recommendation on the future of the current Parish Council. In relation to future parish councils in the area under review, the electoral arrangements for that/those parish councils must be the subject of a recommendation through the review. Based on the existing electorate in the two parishes, both are above the threshold that would require a Parish Council to be established.

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6. NAMES AND STYLES The Naming of Parish Council/Wards With regard to the names of Parish Wards, the Borough Council will endeavour to reflect existing local or historic place names, and will give a strong presumption in favour of names proposed by local interested parties. The Council would wish to avoid composite names other than in exceptional circumstances where the demands of history, local connections or the preservation of local ties make a pressing case for the retention of distinctive traditional names. Alternative styles Parishes may have alternative styles to ‘Parish’. The alternative styles are “community”, “neighbourhood” or “village”. In addition, it should be noted that the style “town” is still available to a parish. However, for as long as the parish has an ‘alternative style’, it will not also be able to have the status of a town and vice versa. The use in these terms of reference of Parish and Community does not preclude one of the alternative styles being adopted. 7. ELECTORAL ARRANGEMENTS The next elections for all parishes in the Borough of Bedford are in May 2015. If following the Community Governance Review an area is parished, any new parish would come into existence from April 2015 with elections to be held in May 2015 and the initial term of office would be for the full four years ending with elections in May 2019. Elections would then be every fourth year thereafter. Similarly, changes to electoral arrangements, including boundaries etc, will take effect from 1 April 2015 with elections the following month. Otherwise existing Parish Councillors could have their term of office reduced, elections being held under the new arrangements in advance of 2015 and an amended term of office for the newly elected Parish Councillors from the usual four years. 8. CONCLUSION In formulating its recommendations, the Council will consider all submissions of opinion about the issues contained in the Review expressed by residents and other interested parties, as well as its knowledge of the local area. Everyone affected by these proposals including Ward Councillors, MPs, MEPs, community organisations, other stakeholders and the public will be encouraged to submit their views. The Review process The Borough Council would expect there to be a minimum number of responses from the population to trigger a draft recommendation for changes to the existing parish arrangements. This number would be 5% of the electors involved. A greater level of support would be expected for such a draft recommendation to be made a final recommendation.

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If more than one option is supported at the draft or final recommendation stage then the support from the local electorate for those options will be measured against one another to determine whether the trigger point has been achieved. Date of publication of these terms of Reference: 22 February 2013

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Appendix A EXISTING PARISH COUNCILS IN BEDFORD BOROUGH AND THE ELECTORAL RATIOS FOR THOSE PARISH COUNCILS Parish Name Number of

Parish Councillors

2011

Warded Parish?

Polling District(s) Number of electors

2011

Electoral Ratio (i.e. One Parish Councillor per

how many electors)

BIDDENHAM 9 No NA, NB 1804 200 BLETSOE 7 No NAF 227 32 BOLNHURST & KEYSOE

7 2 Parish wards NAV, NAW and NAX 611 87

BRICKHILL 13 3 Parish Wards BA, BB, BC,BD 6685 514 BROMHAM 14 No NC, ND, NE 4095 292 CARDINGTON 7 No NM 258 36 CARLTON & CHELLINGTON

9 No NV 722 80

CLAPHAM 15 No NF, NG, NH 3419 228 COLMWORTH 7 No NAY 314 45 COPLE 7 No NN 618 88 DEAN & SHELTON 7 3 Parish Wards NAG, NAH and NAI 329 47 EASTCOTTS 15 2 Parish Wards NI, NJ, NK 2566 171 ELSTOW 9 No BW, MA, MB 2190 243 FELMERSHAM 7 No NAP 595 85 GREAT BARFORD 11 No NO 1640 149 GREAT DENHAM 5 No NAA 1224 245 HARROLD 13 No NW 1314 101 KEMPSTON RURAL 9 No BBN, MD 1074 119

1212

Parish Name Number of

Parish Councillors

2011

Warded Parish?


2011


how many electors)

KEMPSTON TOWN 12 4 Parish Wards BAI, BAJ, BAK, BAL, BAMBAN, BAD, BAP BAQ, BAR, BAS BAT, BAU, BAV

16179 1348

KNOTTING & SOULDROP

7 2 Parish Wards NAQ, NAR 218 31

LITTLE STAUGHTON 7 No NBB 385 55 MELCHBOURNE & YIELDEN

8 2 Parish Wards NAJ and NAK 338 42

MILTON ERNEST 7 No NAS 631 90 OAKLEY 11 No NAB, NAC 1977 179 ODELL 7 No NX 254 36 PAVENHAM 7 No NAD 591 84 PERTENHALL & SWINESHEAD

7 2 Parish Wards NAL, NAM 298 43

PODINGTON 9 No NY 316 35 RAVENSDEN 7 No NP, NQ and NR 1643

235

RENHOLD 9 3 Parish Wards NS, NT, BAC, NL 2016 224 RISELEY 9 No NAN 1077 120 ROXTON 7 No NBC 435 62 SHARNBROOK 13 No NAT, NAU 1830 141 STAGSDEN 7 No ME 308 143

1313

Parish Name Number of Parish

Councillors 2011

Warded Parish?


2011


how many electors)

STAPLOE 7 No NAZ 280 40 STEVINGTON 7 No NAE 493 70 STEWARTBY 12 2 Parish Wards BX, MC 957 80 THURLEIGH 7 No NAO 588 84 TURVEY 9 No MF 996 111 WILDEN 7 No NBD 353 50 WILLINGTON 7 No NU 705 101 WILSHAMSTEAD 11 No MG, MH, MI 3031 276 WOOTTON 15 No MJ, MK, ML 3369 225 WYBOSTON, CHAWSTON & COLESDEN

7 No NBE 642 92

WYMINGTON 9 No NZ 684 7 Total 403 88,664 220 In addition to the above we have the Parish of Little Barford (with 20 electors) which does not have a Parish Council.

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Appendix B

Existing Parish Councils in Bedford Borough and the Band D Council Tax Precept 2012/13 Parish Precept

Name

Charge

Band D Charge

£40,000 Biddenham Parish Council Annual £35.81 £13,080 Bletsoe Parish Council Annual £109.21 £9,000 Bolnhurst & Keysoe Parish Council Annual £26.71

£107,855 Brickhill Parish Council Annual £33.16 £103,720 Bromham Parish Council Annual £48.39

£7,000 Cardington Parish Council Annual £48.63 £14,892 Carlton & Chellington Parish Council Annual £38.64 £66,000 Clapham Parish Council Annual £41.97 £8,000 Colmworth Parish Council Annual £42.96

£17,730 Cople Parish Council Annual £55.45 £4,286 Dean & Shelton Parish Council Annual £23.74

£49,000 Eastcotts Parish Council Annual £44.72 £15,000 Elstow Parish Council Annual £14.87 £15,000 Felmersham Parish Council Annual £41.99 £46,500 Great Barford Parish Council Annual £57.42 £18,645 Great Denham Parish Council Annual £29.89 £72,704 Harrold Parish Council Annual £103.17 £17,500 Kempston Rural Parish Council* Annual £35.05

£202,500 Kempston Town Council* Annual £32.83 £3,440 Knotting & Souldrop Parish Council Annual £27.88 £4,928 Little Staughton Parish Council Annual £22.90 £4,500 Melchbourne & Yielden Parish Council Annual £21.87

£13,856 Milton Ernest Parish Council Annual £40.88 £50,100 Oakley Parish Council Annual £51.54 £6,600 Odell Parish Council Annual £46.91 £8,890 Pavenham Parish Council Annual £25.06

£5,000 Pertenhall & Swineshead Parish Council Annual £29.89

£10,000 Podington Parish Council Annual £54.90 £6,987 Ravensden Parish Council Annual £8.80

£17,000 Renhold Parish Council Annual £16.69 £23,600 Riseley Parish Council Annual £43.46 £13,000 Roxton Parish Council Annual £60.10 £48,500 Sharnbrook Parish Council Annual £50.77 £7,500 Stagsden Parish Council Annual £44.67 £6,300 Staploe & Duloe Parish Council Annual £46.24

£12,500 Stevington Parish Council Annual £44.83 £60,000 Stewartby Parish Council Annual £156.74 £5,500 Thurleigh Parish Council Annual £19.18

£16,500 Turvey Parish Council Annual £31.47

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Precept Name Charge Band D £10,000 Wilden Parish Council Annual £52.72 £9,000 Willington Parish Council Annual £24.40

£63,200 Wilshamstead Parish Council Annual £46.54 £105,120 Wootton Parish Council Annual £68.51

£10,839 Wyboston Chawston & Colesden Parish Council Annual £35.61

£15,500 Wymington Parish Council Annual £52.04

* The Kempston Town Council precept includes £40,500

and Kempston Rural precept £4,500 to be paid to the Kempston Burials Joint Committee.

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Bedfordshire Association of Town & Parish Councils

Appendix C

Powers and Duties of Parish Councils

FUNCTION POWERS AND DUTIES STATUTORY PROVISIONS Allotments Powers to provide allotments.

Duty to provide allotment gardens if demand unsatisfied

Small Holdings and Allotments Act 1908 ss 23, 26 & 42

Baths & Washhouses

Power to provide public baths and washhouses (i.e. laundrettes)

Public Health Act 1936 ss 221,222,223 & 227

Burial Grounds, Cemeteries and Crematoria

Power to acquire and maintain. Power to provide. Power to agree to maintain monuments and memorials Power to contribute towards expenses of cemeteries

Open Spaces Act 1906 ss 9&10; Local Government Act 1972 s214. Parish Councils & Burials Authorities (Misc. Provisions) Act 1970 s 1 Local Government Act 1972 s 214 (6)

Bus Shelters Power to provide and maintain shelters

Local Government Misc. Provisions Act 1953 s 4

Bus Services Power to make grants of money (though not of a capital nature) for bus service appearing to be for the benefit of people living in the council’s area or community bus service (mini buses run on non-profit basis & catering for social and welfare needs of one or more communities.

Local Government Rating Act 1997

Byelaws Power to make Byelaws in regard to: Pleasure Grounds Baths and Wash houses Open Spaces & Burial Grounds Mortuaries & Post Mortem Rooms Cycle Parks

Public Health Act 1875 s 164 Public Health Act 1936 s 223 Open Spaces Act 1906s 15 Public Health Act 1936 s 198 Road Traffic Regs Act 1984 s 57(7)

Car Sharing Scheme

Power to establish and maintain, or to assist others, in car-sharing scheme for benefit of persons in council’s area. Schemes whereby private cars are made available for use on journeys where one or more passengers may be carried at separate fares

Local Government and Rating Act 1997

Chairman’s Allowance

Power to pay the chairman reasonable allowance

Local Government Act 1972 s 15(5) and 35 (5)

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Change of use of land

Power to use land by a parish council for another purpose other than what it was acquired for.

Local Government Act 1972 s 126

Citizen’s Advice Bureau

Power to assist bodies such as CABs in advising individuals and by making or receiving communications or by providing representation to or before any body or person in asserting an individual’s rights or obligations


Clocks Power to provide public clocks Parish Councils Act 1957 s 2 Closed Churchyards

Powers to maintenance Local Government Act 1972 s 215

Commons & Common Pastures

Powers in relation to inclosure as to regulation and management and as to providing common pasture

Inclosure Act 1845; Local Gov Act 1894 s 8 (4); Smallholdings & Allotments Act 1908 s 34

Conference facilities

Power to provide & encourage the use of facilities

Local Gov Act 1972 s 144

Community Centres

Power to provide and equip buildings for use of clubs having athletic, social or educational objectives

Local Gov (Misc. Provisions) Act 1976 s19

Compulsory Purchase

Power to ask district council to compulsory purchase on behalf of the parish council if it is unable to acquire land by agreement

Local Govt Act 1972 s 125

Crime Prevention Power to install and maintain equipment with view to preventing and detecting crime in own area; may make grants of money to police authorities.

Local Govt Rating Act 1997

Drainage Power to deal with ponds and ditches

Public Health Act 1936 s 260

Entertainment & the Arts

Provision of entertainment and support of the arts


General power of competence

Power to do anything that individuals generally may do

Localism Act 2011 s 1(1)

Gifts Power to accept Local Government Act 1972 s 139 Highways

Power to repair and maintain public footpaths and bridleways. Power to light roads and public places Provision of litter bins Power to provide parking places for vehicles, bicycles and motor cycles Power to enter into agreement as to dedication and widening. Power to provide roadside seats and shelters and omnibus shelters

Highways Act 1980 ss 43 50 Parish Councils Act 1957 s3 Highways Act 1980 s 301 Litter Act 1983 ss 56 Road Traffic Regulations Act 1984 ss 57, 63 Highways Act 1980 ss 30, 72

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Power to complain to district council as to protection of rights of way and roadside waste. Consent of parish council required for ending maintenance of highway at public expense, or for stopping up or diversion of highway. Power to provide traffic signs and other notices Power to plant trees etc and to maintain roadside verges. Power to fund traffic calming measures

Parish Councils Act 1957 sl Highways Act 1980 s 130 Highways Act 1980 ss 47, 116 Road Traffic Reg Act 1984 s 72 Highways Act 1980 s 96 Local Government and Rating Act 1997, s 30

Investments Power to participate in schemes of collective investment

Trustee Investments Act 1961 s 11

Investigation and publicity

Power to investigate the need for public passenger transport; the use and need for roads; the management and control of traffic

Local Government Rating Act 1997

Land Power to acquire land by agreement, to appropriate, to dispose of Power to accept gifts of land.

Local Govt Act 1972 ss 124, 126, 127 Local Govt Act 1972 s 139

Litter Provision of receptacles Litter Act 1983 ss 5,6 Lotteries Power to Promote Lotteries and Amusements Act 1976 s 7 Mortuaries/ post mortem rooms

Power to provide mortuaries and post-mortem rooms


Newsletters Provision of information relating to matters affecting local government. District Auditor now agrees that to develop the spirit of Best Value this power may be used for parish newsletters


Nuisances Power to deal with offensive ditches


Open Spaces Power to acquire land and maintain Public Health Act 1987 s 164; Open Spaces Act 1906 ss 9&10

Parish Property and Documents

Power to direct as to their custody Local Government Act 1972 s 226

Postal and telecomm facilities

Power to pay the Post Office, BT or any other public telecomms operator any loss sustained in providing post or telegraph office of telecomms facilities

Post Office Act 1953 s51 Telecomms Act 1984 Public Buildings and village halls s 97

1919


Prosecution/defending legal proceedings

Power to prosecute or defend or appear in any legal proceedings. May institute civil proceedings in parish council name. May represent the community at public enquiries.


Public Buildings and village halls

Power to provide buildings for offices and for public meetings and assemblies


Public conveniences

Power to provide Public Health Act 1936 s 87

Public inspection of documents

Public have the right to inspect certain documents


Recreation Power to acquire land for or to provide recreation grounds, public walks, pleasure grounds and open spaces and to manage and control them. Power to provide gymnasiums, playing fields, holiday camps Provision of boating pools

Public Health Act 1875 s 164; Local Govt Act 1972 Sched 14 para 27; Public Health Acts: Amendment Act 1890 s 44; Open Spaces Acct 1906 s 9 & 10 Local Govt (Miscellaneous Provisions) Act 1976 s 19 Public Health Act 1961 s 54

School Governors in Local Primary Schools

No longer a straightforward right of appointment but parish council may be asked to nominate for a school in its area

Staff Power to appoint staff under reasonable terms and conditions


Subscriptions to County ALC, NALC and other associations

Power to subscribe to local government associations

Local Government Act 1972 s143

Subsidiary Powers

The power to do anything which is coincidental to the discharge of the council’s functions.


Taxi fare concessions

Power to make arrangements with licensed taxi or hire car operator whereby he/she is reimbursed for giving fare concessions to persons resident in council area eligible to receive travel concessions under scheme established by County or District under Transport Act 1985


Town/County Planning

Right to be notified of planning applications

Town and County Planning Act 1990 Sched 1 para 8

Tourism Power to contribute to organisation encouraging tourism


2020


Traffic calming works, speed cameras, CCTV cameras etc

Power to contribute to expenditure by highway authority (principally County Council) in constructing, removing or maintaining traffic calming works, if it will be of benefit to the area.


Village Signs Power to make and erect ornamental village signs under the power to encourage visitors to the locality


War memorials Power to maintain, repair, protect and adapt war memorials

War memorials (Local Authorities’ Powers) Act 1923 s 1 as extended by Local Government Act 1948 s 133

Water Supply Power to utilise well, spring or stream and provide facilities for obtaining water therefrom

Public Health Act 1936 s 125.

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