Council
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- 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
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- Category: Council
{phocadownload view=category|id=2|text=Annual Assembly Minutes|target=s}
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
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- 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 :-
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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.
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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
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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
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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 -
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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
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have been adjudged bankrupt or made a composition or arrangement with creditors or
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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
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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 |
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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 |
