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Council

Council Minutes Construct Page

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Category: Council

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Details
Category: Council

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Council Meeting Dates

Details
Category: Council

 

PARISH COUNCIL MEETING DATES

Full Parish Council Meetings held at Prestbury Library starting at 7.15pm

14th September 2015   

12th October 2015  

9th November 2015

14th December 2015

11th January 2016

8th Febuary 2016

7th March 2016 

Further confirmed dates to follow shortly

 

Members of the public are welcome to attend meetings of the Full Council but can only speak during the Adjournment section of the meeting to air their views unless otherwise invited by the Chairman to do so

 

 

PARISH COUNCIL COMMITTEE MEETINGS

ASSETS Committe held at the Parish Office at 3.30pm

2015

23rd September 2015

18th November 2015

Further dates to follow when confirmed.

If members of the public wish to raise an issue in person relating to the Playing Fields, please contact the Clerk or Chairman beforehand so that sufficient time can be allocated within the full Agenda.

 

ALLOTMENTS Committee held at the Parish Office

(Allotment holders are welcome to attend but can only speak during the adjournment)

7pm 17th August 2015

7pm 19th October 2015

 

PLANNING Committee            

Now meets at 6.30pm before the Full Parish Council Meeting

Click here for details of Committee Membership

Council Minutes

Details
Category: Council
MINUTES
Approved Minutes of Full Council and Committee Meetings are available to download approximately one month following the date of the relevant meeting.
 
*Draft minutes of Full Council and Committee Meetings prior to formal approval can be obtained from the Clerk upon request.

Full Council Minutes available to download below
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Annual Assembly Minutes available to download

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Asset Committee Minutes available to download

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Allotment Committee Minutes available to download

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Planning Committee Minutes**

Planning Committee Minutes are available from the Parish Clerk as Prestbury Parish Council Planning Committee comments on planning applications can be viewed via Planning Decision List link below

 

*Please note that Full Council & Committee Meeting draft minutes are subject to amendment and only become the official record of that meeting when formally approved at the next following meeting.

** As Planning Committee Meeting dates are subject to change, Planning Committee Minutes are only listed when meetings have actually taken place and are only available from the parish clerk upon request.

A general list of planning applications affecting Prestbury is maintained and posted periodically showing Prestbury Parish Council's recommendations and Cheltenham Borough Council's corresponding decisions. Click here to view Planning Decision List

All planning application details can be viewed directly on Cheltenham Borough Council's website -www.cheltenham.gov.uk

 

 

Democracy - Elections,Councillors & Powers

Details
Category: Council

DEMOCRACY – ELECTIONS, COUNCILLORS & POWERS

 

There is no better way of introducing this section other than to quote Dorset Association of Parish & Town Councils (DAPTC) -

 

“It is a sad fact that unless you take a particular interest in the work of your local Parish Council the chances are that you will know very little about the work of a Councillor other than what you may have heard at election times and social events”.

 

What does becoming a Councillor involve?

 

The majority of serving councillors on Parish & Town Councils are a broad mix of men and women of all ages. Whilst they may have differing political views these do not extend into their parish work. What Parish Councillors have in common is an active interest in their local community and concern for it.

 

Councillors take collective decisions which form the policy of the Council and therefore the policy will reflect the views of the majority of the members. In addition to attending meetings of the Full Council, most Councillors are also appointed to be members of certain committees of the Council which deal with specific areas of council business. When work of a particular detailed nature is required, a special sub-committee or working party may be established to handle the matter. The committees of the Council will usually meet in a cycle of meetings and at the end of each cycle the Full Council will meet to confirm the recommendations made by the various committees and to take decisions for action.

 

The Parish Clerk will advise councillors on their work and where necessary will take advice from their local Association of Parish & Town Councils. Clerks are employed to implement the functions and duties of the Council as decided by the elected Councillors who must act within the law.

(Source - DAPTC)

 

Elections and Co-options

 

Parish Councillors are local residents who give up their time to try and make the Parish a better place to live and work. The Parish Council has a range of powers and duties over local facilities and Councillors make decisions which affect everyday parish life.

 

Councillors are unpaid and have to abide by a local government code of conduct and declare a personal or prejudicial interest if they have an interest in any matter under discussion at a Parish Council Meeting.

 

All members of a Parish Council have to be either re-elected or stand down every four years, unless they have been elected at a bye election. In that case, the Councillor only serves for the remaining period of the four year term from the last Parish Council election. If an insufficient number of candidates stand to contest the number of places on the Council, the candidates (Councillors) are returned as being elected uncontested. (Source – Langtoft Parish Council) LPC

For example – Prestbury Parish Council has fifteen seats, but say only thirteen people apply to become Councillors (including the Councillors who must stand down). All thirteen would be elected uncontested leaving two seats vacant. The Parish Council would then try and fill those seats by a process of co-option. Or if only fifteen people stand for election, all would be elected uncontested.

If more than fifteen people applied, then an election would take place in which all registered voters could vote for their preferred candidates

 

In order to become a candidate at a Parish Council election you must be sure you are eligible to stand and submit a set of nomination papers. You must have two people, who are registered voters in the Parish Ward for which you wish to stand, to be your proposer and seconder on the form.

 

Parish Council Elections take place every four years and are usually held on the first Thursday in May but are postponed for three weeks if the polling day coincides with that for a parliamentary General Election or a European Assembly election. Re-organisation of local government may cause alteration of the Parish Election day and Election year in some cases. (Source - LPC)

 

Qualifications for Candidature - (The Candidate's Guide published by Shaw & Sons Ltd)

 

To be qualified to be elected a member of a Parish Council a person must be 18 years of age or over at the date of his or her nomination, and a Commonwealth citizen, a citizen of the Republic of Ireland or a citizen of another Member State of the European Community, and either :-

 

  1. be a registered local government elector for the area of the Parish in respect of a qualifying address. The Candidate must provide his/her electoral number (this is the number in the register used at the election including the distinctive letter or number of the parliamentary polling district in which he or she is registered.

  2. Have during the whole of the twelve months preceding the day on which he or she is nominated as a Candidate occupied as owner or tenant any land or other premises in the Parish providing a description and address of the land or premises

  3. has his or her principal or only place of work during those twelve months in the Parish providing the address of the place of work and where appropriate name of employer

  4. have resided in the Parish or within 4.8 kilometres (3 miles) thereof during the whole of the twelve months preceding the day on which he or she is nominated as a candidate.

 

Who cannot be a candidate

 

There are certain disqualifications for election (see sections 80 and 81 of the Local Government Act 1972 and section 70 of the Local Government Act 2000. Broadly speaking you cannot become a candidate if you -

 

  1. hold a paid office under the Parish/Local Authority or a politically restricted post (as defined in Part 1 of the Local Government & Housing Act 1989) or

  2. have been adjudged bankrupt or made a composition or arrangement with creditors or

  3. have been sentenced to a term of imprisonment of three months or more (including a suspended sentence) without the option of a fine, during five years before election day or

  4. have been disqualified under Part 111 of the Representation of the People Act 1983 or under the Audit Commission Act 1998

 

For further details please check with Electoral Officer, Cheltenham Borough Council, Municipal Offices, The Promenade, Cheltenham. Email : This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Co-option Process

 

If a process of co-option is used, the Parish Council may co-opt when it wishes to fill a vacancy, subject to the qualification requirement for being a local councillor. The person co-opted must receive a majority of votes of those councillors present and voting at the meeting at which the co-option takes place. Co-option vacancies will be advertised and applicants asked to submit a CV in order that councillors can assess suitability for and understanding of the role.

Powers – What can Local Councils Do? (Source – National Association of Local Councils)

 

The powers which have been vested in Parish, Town and Community Councils by Acts of Parliament are summarised as a guide to Councillors and others. Each description is brief and it intended to be a general indication. Like all powers given to public bodies the powers of local councils are defined in detail in legislation and these details may include a requirement to obtain the consent of another body (for example the approval of the County Council to the provision of a car park). Local Councils must exercise their powers also subject to the provision of the general law (for example planning permission is necessary for a sports pavilion). Information on all these details should be in the hands of the Clerks of the Council.

 

Function

Powers & Duties

Statutory Provisions

Access Land

Power to enforce bye-laws made by another authority

Countryside & Rights of Way

Act 2000, s.17

Allotments

Powers to provide allotments

Small Holding & Allotments

Act 1908, ss23,26 & 42

Baths and Washhouses

Power to provide public baths

and washhouses

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 and 10; Local Government Act

1972, s214; Parish Councils and

Burial Authorities

(Miscellaneous Provisions)

Act 1970, s.1 Local Gov. Act

1972, s.215 (6)

Bus Shelters

Power to provide and maintain

Local Government Act 1953

(Miscellaneous Provision) s.4

 

Bye Laws

Power to make bye-laws in

regard to pleasure grounds, Cycle parks

 

Baths & Washhouses

Open Spaces & burial grounds

Mortuaries and post-mortem

rooms

Public Health Act 1875, s.164

 

Road Traffic Regulation Act

1984, s.57(7)

Public Health Act 1936,s223

Open Spaces Act 1906. s15

Public Health Act 1936, s.198

Charities

Duty to receive accounts of

parochial charities

Charities Act 1960, s.32

Clocks

Power to provide public clocks

Parish Councils Act 1957 s.2

Closed Churchyards

Powers as to maintenance

Local Government Act

1972, s.215

Conference facilities

Power to provide and

encourage the use of

facilities

Local Government Act

1972, s.144

 

 

 

 

Function

Powers & Duties

Statutory Provisions

Commons and common

pastures

Powers in relation to enclosure,

as to regulation and manage-ment, and as to providing

common pasture

Enclosure Act 1845

Local Government Act

1894, s.8(4)

Smallholdings and Allotments

Act 1908, s.34

Community Centres

Power to provide and equip

buildings for use of clubs

having athletic, social or

educational objectives

Local Government

(Miscellaneous Provisions))Act 1976 s.19

Crime Prevention

Powers to spend money on

various crime prevention

measures

Local Government and

Rating Act 1997, s.31

Drainage

Power to deal with ponds

and ditches

Public Health Act 1936, s.260

Education

Right to appoint school

governors

Education (No.2) Act

1986, s.4

Entertainment and the arts

Provision of entertainment and

support of the arts

Local Government Act

1972, s145

Financial Assistance

Duty to require information

Local Government Act

1972, s.137A

General Powers

Power to incur expenditure

for certain purposes

Local Government Act

1972, s139

Gifts

Power to accept

Local Government Act

1972, s139

Investments

Power to participate in

schemes of collective

investment

Trustee Investments Act

1961, s.11

Land

Power to acquire by agreement,

to appropriate, to dispose of

Power to accept gifts of land

Local Government Act

1972, ss.124,126, 127

Local Government Act

1972, s139

Litter

Provision of receptacles

Litter Act 1983, ss.5,6

Lotteries

Powers to promote

Lotteries and Amusements

Act 1976, s.7

Legal proceedings

Power to prosecute and defend

any legal proceedings in the

interests of the community

Power to take part in any public

enquiry

Local Government Act

1972, s222

Mortuaries and post mortem

rooms

Powers to provide mortuaries

and post mortem rooms

Public Health Act 1936. s198

Nuisances

Power to deal with offensive

ditches

Public Health Act 1936, s260

 

Function

Powers & Duties

Statutory Provisions

Highways

Power to repair and

maintain public footpaths

and bridle-ways. 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. Consent of Parish

Council required for ending

maintenance of highway at

public expense, or for stopping

up or diversion of highway

Power to complain to district

council as to protection of

rights of way and roadside

wastes. Power to provide

traffic signs and other notices

Power to plant trees etc. and

to maintain roadside verges

Highways Act 1980

ss.43,50

Parish Councils Act 1957, s.3

Highways Act 1980,s.301

Litter Act 1983, ss.5,6

Road Traffic Regulation Act

1984, ss.57,63

Highways Act 1980

ss.30.72

Parish Councils Act 1957, s.1

Highways Act 1980, ss.47,116

Highways Act 1980, s.130

Road Traffic Regulation Act

1984, s.72

Highways Act 1980, s.96

Open Spaces

Power to acquire land and

maintain

Public Health Act 1875, s.164

Open Spaces Act 1906, ss.9

and 10

Parish Property and documents

Powers to direct as to their

custody

Local Government Act 1972,

s.226

Public Buildings and village

hall

Power to provide buildings for

offices and for public meetings

and assemblies

Local government Act 1972,

s.133

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 Government Act 1972,

Sched.14 para.27

Public Health Acts,

Amendment Act 1890 s.44

Open Spaces Act 1906, ss.9

and 10

Local Government

(Miscellaneous Provisions)

Act 1976, s.19

Public Health Act 1962, s.54

Town & County Planning

Right to be notified of

planning applications

Town and Country Planning

Act 1990, Sched.1, para.8

 

 

 

Function

Power & Duties

Statutory Provisions

Tourism

Power to contribute to

organisations encouraging

tourism

Local Government Act 1972

s.144

Traffic Calming

Powers to contribute financially

to traffic calming schemes

Local Government and Rating

Act 1997, s.30

Transport

Powers to spend money on

community transport schemes

Local Government and Rating

Act 1997, s.26-29

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 to provide

facilities for obtaining water

therefrom

Public Health Act 1936,

s.125

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