Technical Consultation on Planning

The Department for Communities and Local Government (DCLG) has published several new proposals to make practical improvements on earlier planning reforms.

These are available here

These proposals are in six main sections :
•    Section 1 focuses on making it easier for residents and businesses to produce a neighbourhood plan;
•    Section 2 seeks to expand permitted development rights to reduce bureaucracy and encourage growth;
•    Section 3 looks to improve the use of planning conditions and to facilitate a quicker start to development;
•    Section 4 addresses engagement with statutory consultees to ensure they are consulted appropriately on development plans
•    Section 5 raises the environmental impact assessment screening thresholds for industrial estate and urban development buildings;
•    Section 6 sets out improvements to the nationally significant infrastructure planning regime.



In order to help shape the NALC submission they would welcome your responses by 17:00 on Friday, 19th September 2014 to ilina.sen@nalc.gov.uk .

Companies Back Campaign to Help Towns Crowd Fund Christmas Lights

Companies, councils, and locals are coming together to Save Santa this Christmas through a national online campaign to raise funding for festive high street decorations.

Civic crowd funding website, Spacehive is calling on companies to help cash strapped towns secure the funds needed to bring festive cheer to our high streets – from sparking Christmas lights, to trees and bustling winter markets.

A consortium of retail and property chiefs, together with local communities, councils and retailers, backs the push.

Data giants Experian are the first to back the campaign, offering a war chest of £100,000 to match-fund yuletide projects. Retail body BCSC has put £10,000 up for grabs.

Continue reading here

Book your place at NALC ‘Future Local’ Conference

NALC’s Larger Councils’ Conference and Exhibition 2014 ‘Future Local’ is a one-day conference looking at how larger local (parish and town) councils will look in the future in terms of putting communities in control of local facilities, delivering local services and providing influence over decision making.

Our 'Future Local' conference will provide the perfect opportunity to learn, share and network.

Plenary, practical and interactive workshop themes will include:

• The Rt Hon Oliver Letwin MP, confirmed as plenary speaker
• Our Place! Programme;
• Neighbourhood Planning;
• General Power of Competence;
• Community Cohesion; &
• Sharing practice and informing NALC’s work.

Wednesday 3rd December, Galleon Suites, Royal National Hotel, London WC1H 0DG

Book via this link
or go to the NALC website for more information

Elections 2015 - include a figure in your budget

Next year there will be elections. Hopefully if your town or parish council has been active, visible and engaged with your community and done lots of promotional activity you will have plenty of people queueing up to be candidates!

When you do your budgeting process this autumn you will need to include a figure for the costs associated with the election.Talk to your unitary authority, each one has different cost calculations and ask them what figure to include for your share (50%) of the cost of holding an election. Democracy does cost money but it is important to be prepared.

Elections 2015 - Individual Electoral Registration

What is Individual Electoral Registration?

This summer voter registration has moved from being done by the head of the household to each person being required to register to vote individually, rather than by household. As a consequence it is likely that there will be alterations in the numbers of voters on the electoral role.

Eastleigh Borough Council have a useful Q and A section on their website:

Why are changes being made to the current electoral registration process?The process of getting onto the electoral register is changing from a property-based system (where one person in the household completes the form on behalf of everyone living in the property) to one where every individual must register themselves.  This change is being introduced nationally by the Government to help deter elector fraud and so that people are able to take individual responsibility for their own vote. 

How will IER differ to the current way of registering to vote?With the new individual registration form replacing the out-dated household application form people will have more control over registration and be able to take ownership of the process. IER will bring electoral registration into the 21st century with the introduction of onlineregistration for everyone who is eligible.

Will registering under IER be complicated?No, registering to vote under the new system will be straightforward. With the additional option of online registration, the process will be greatly improved.

When is IER being introduced?The transition to IER will take place during the Summer of 2014.

What will happen if I am already registered?Councils are now required by law to cross-check its electoral data with records held at the Department for Work and Pensions (DWP).  Where there is a perfect match we will write to advise you that you are simply being transferred across to the new individual register and you need do nothing further.  However, if there is not a match with DWP records, we will write to you to advise you of this but also include an ‘invitation to register’ form, which you will need to complete and return.  We anticipate around 12% of electors will need to complete such forms.

If that’s the case, what information will I need to provide on the invitation?Each person who does not have a match with DWP records will be asked to give identifying information including full name, national insurance number and date of birth. This will allow each person’s application to be verified before they are added to the register. If you cannot provide a national insurance number, there is an exceptions process that can be followed.

 

Where can I find more information on IER?

www.electoralcommission.org.uk/find-information-by-subject/electoral-registration/our-role-in-individual-electoral-registration 


 
 

Updated Legal Topic Notes

NALC has updated two of its Legal Topic Notes:

• 46 Registered Land, it has been updated to include a section on overriding interests and 
• 81 Predetermination which has minor drafting amendments but there are no substantive changes in law.

NALC produces 86 Legal Topic Notes (LTN's) they are in the members area of the NALC website. Member councils have the username and password to access the NALC members area so you can look at the notes when you need to.

Full List of NALC Legal Topic Notes as of August 7th 2014

LTN No	Subject	Published
1	Councils' Powers to Discharge their Functions	Oct 2013
2	The Chairman of Local Councils	Oct 2013
3	The powers of a parish meeting in a parish without a separate Parish Council	Apr 2011
4	The powers of a community meeting in a community without a separate Community Council	Nov 2007
5	Parish and Community Council Meetings	Oct 2013
6	Meetings of Parish Meetings	Sept 2011
7	Non-Councillor Members of Committees	Oct 2013
8	Elections	Feb 2014
9E	Handling Complaints (England)	June 2014
9W	Handling Complaints (Wales)	Feb 2013
10	Royal Visits	Mar 2013
11	Celebrations and Similar Events	Mar 2013
12	Titles of Dignity	Mar 2013
13	Policing your area	Nov 2011
14	Byelaws	Feb 2011
15	Legal Proceedings	July 2012
16	Control of Litter	Nov 2007
17	Control of Dogs	Nov 2007
18	Local Councils' Power to Provide Parking Spaces	Nov 2007
19	Unauthorised Parking on Private Lane (replaces LTN 19 - Wheelclamping)	Aug 2013
20	Markets and other Events	Nov 2007
21	Local Council help for Village Halls	Aug 2012
22	Disciplinary & Grievance Procedures Appendix - Disciplinary & Grievance Arrangements Model Template	Jan 2013
23	Health and Safety	Jan 2013
24	The Human Rights Act 1998	Apr 2011
25	Replaced by LTN 78 - The Equality Act	Jan 2013
26	Replaced by LTN 78 - The Equality Act	Jan 2013
27	Replaced by LTN 78 - The Equality Act	Jan 2013
28	Basic Charity Law	Aug 2012
29	Straying Animals	Nov 2007
30	Defamation	February 2014
31	Section 137 of the Local Government Act 1972	Apr 2014
32	Local Councils and VAT	Jan 2011
33	Councillors' Allowances	Nov 2007
34	Retirement Gratuities	May 2012
35	Contracts	May 2014
36	Unfair Contract Terms Act 1977	Nov 2007
37	Freedom of Information	Aug 2009
38	Data Protection	Jan 2013
39	Copyright	May 2014
40	Local Councils' Documents and Records	Jan 2013
41	The Responsibilities of Councils as Landowners	Nov 2007
42	Occupiers Liability	Apr 2011
43	Private Access to Council Land	Apr 2011
44	Trespass to Land	Nov 2007
45	Disposal and Appropriation of Land by Local Councils	Nov 2012
46	Registered Land	Aug 2014
47	Easements	Apr 2011
48	The Difference between Leases and Licenses	Oct 2010
49	Business Tenancies	Oct 2010
50	The Agricultural Tenancies Act 1995	Oct 2010
51	Agricultural Holdings Act 1986	Nov 2007
52	Temporary Use of Allotment Land APPENDIX - Temporary Use of Allotment Land	Nov 2012
53	Protection of Common Land	Apr 2011
54	Protection of Ownerless Common Land	Nov 2007
55	Claiming Ownerless Land	Nov 2007
56	The Provision of Play and Sports Equipment on Village Greens	Nov 2007
57	Easements over Common Land and Village Greens	Apr 2011
58	Planning	July 2012
59	The Rights of Local Councils to be notified of Planning Applications and Decisions	July 2012
60	Copies of Planning Documents	July 2012
61	The Status of Parish Town and Community Councils at Public Enquiries	July 2012
62	Planning Control over Agricultural Land and Buildings	July 2012
63	Planning and Building Control Enforcement	Nov 2007
64	Tombstones and Memorials	May 2014
65	Closed Churchyards and Disused Burial Grounds	June 2014
66	Nuisance (Public and Statutory)	Nov 2007
67	Nuisance (Private)	Nov 2007
68	Negligence	Nov 2007
69	ASBOs and Harassment	Jan 2013
70	Clean Neighbourhoods and Environment Act 2005	Nov 2007
71	Naming and Numbering of Streets	Nov 2007
72	Highways	Jul 2012
73	Community Governance Reviews	Jul 2008
74	Alternative names and styles for parish councils	Jul 2008
75	Lease Negotiations	Jul 2012
76	Energy performance requirements	May 2014
77	Public Rights of Way	Jun 2014
78	The Equality Act 2010	Jan 2013
79	Staff Pensions	Apr 2014
80	Members' conduct and the registration and disclosure interests (England)	Nov 2012
81	Predetermination	Aug-2014
82	Compulsory Purchase orders	Jul 2012
83	Neighbourhood Planning	Jul 2012
84	The Community Right to Challenge (England)	Jan 2013
85	The Community Right to Nominate and Bid for Assets of Community Value (England)	Jan 2013
86	The Disclosure and Barring Service	Oct 2013

Community Homes - Models for Development FREE - one day event

Community Homes - Models for Development

Community Council for Berkshire is running a FREE - one day event for parish councillors, local authority members, and local landowners

Learn about what‘s new in development policy for community housing. 

• How can your community get the right sort of homes to meet the needs of local people?
• How can landowners bring forward land for community housing without throwing the baby out with the bathwater?
• Cross-subsidy on rural exception sites, what does it mean?
• Community Land Trusts and Community Right to Build
• Self-Build Projects, different solutions for different needs
• Co-housing projects Come and discover the different approaches that can be taken to get the housing that is right for your community.

Tuesday 23rd September 2014
10.00 to 15.00 
Council Chamber, West Berkshire District Council, Market Street, Newbury RG14 5LD

Places are free but you must register to be able to attend; register at: https://ccberks.wufoo.com/forms/qhyl9wk1egeq2e/

Audit Framework for smaller councils with a turnover below £25,000: Government response to the consultation

The Local Audit and Accountability Act 2014 received Royal Assent on 30 January.  

The Act sets out a new audit framework for local authorities which are currently covered by the Audit Commission regime. Under this new framework, parish councils with an annual turnover not exceeding £25,000 will be exempt from routine external audit. Instead, these parish councils will be subject to new transparency requirements.

On 10 March 2014 the Government launched a consultation on a draft transparency code for parish councils with a turnover not exceeding £25,000. The purpose of this consultation was to gauge the views of organisations affected by the proposed code, and any other parties with an interest in local audit and transparency. The consultation closed on 9 May 2014. 

OALC responded on behalf of our parishes to the consultation. This document from DCLG, August 2014, summarises the comments received and sets out the Government’s response.
The consultation questions were and the Government response is set out in italics after each question:  

• 1. The government proposes that the code will be mandatory for parish councils with an annual turnover not exceeding £25,000. Do you agree?

The Government intends to introduce Regulations to make the Code mandatory. Parish councils can continue to have an external audit if they wish to. The Government intends to base the threshold (£25,000) on a parish council’s annual turnover to ensure consistency with the external audit exemption threshold.

• 2. The government proposes that parish meetings will be exempt from complying with the code. Do you agree?

The Government does not believe that it is proportionate to place parish meetings under a duty to comply with this code. Parish meetings will therefore continue to be required to develop a publication scheme and ensure key financial and governance information is available to local electors upon request.

• 3. Should there be a threshold above which individual items of expenditure must be published? If yes what should this threshold be (e.g. £50, £100)?

The Government agrees that a threshold above which individual items of expenditure should be published should be set at £100 (including VAT where it cannot be recovered)

• 4. What exemptions – if any – would need to be made to information published to explain negative responses to the internal controls objectives (e.g. information relating to a current fraud case)?

The Government agrees that exemptions under the Data Protection Act 1998 and Freedom of Information Act 2000 should apply to data published in accordance with this code.

• 5. The government proposes to require electronic publication. Do you agree?
• 6. How much additional staff time and cost will be involved for authorities in publishing the required data online?

Of those who supported the government’s proposal, more than 40% of respondents recognised that, for many of the smallest parish councils, the additional burden placed on clerks tasked with preparing the required information for publication may be significant. Nevertheless the Government agrees that this requirement should become mandatory. We have listened to the concerns some parish councils and billing authorities have raised regarding their capacity to publish information electronically. In light of these consultation responses, the Government intends to work with the sector to develop a package of support that best meets its needs.

The Governments intention is to lay regulations for making the transparency code for parish councils and other smaller authorities mandatory later on this year.

 

Cookham Parish Council need an assistant clerk

COOKHAM PARISH COUNCIL

PART-TIME ASSISTANT CLERK
SCP 16-18 £16,604 - £17,333 pa pro rata

We are seeking a highly organised and reliable individual to assist the Clerk in performing the duties of the Parish Council.

In addition to the general administrative duties of purchasing office supplies, typing and filing, the role will include interesting and varied responsibilities such as monitoring planning applications, ensuring the maintenance of footpaths, allotments, street-lighting, Cookham Cemetery and the Alfred Major Recreation Ground.

There will be extensive liaison with Councillors, Contractors and the public.

Confident IT skills including Word, Excel and Outlook are essential.

The Assistant Clerk will be expected to deputise for the Clerk when required and this may require occasional attendance at evening meetings.

Opportunities will be available for further development.

Hours of work will be Mon-Fri 8.30am - 12.30pm.

For further information and a job description, please telephone 01628 522003

Closing Date for applications 20th August 2014
 
Please send a CV and covering hand written letter to Anne Osborne, Clerk to Cookham Parish Council, Council Offices, High Road, Cookham Rise, Berks. SL6 9JF.

Free offer of a place at NALC conference in Bristol, 18th September

BALC has two FREE  places available at the NALC Making Localism Work Conference in Bristol, Thursday 18th September. This is a saving of £120 +VAT

The offer is open to small councils (less than 6,000 electors) who have never been to a NALC conference before, the only catch is that BALC would like a report from you on what you have learnt by attending.

There are planned workshops on:

• Community Rights
• Finding Funding
• Economic Development
• Neighbourhood Planning
• Local Government Finance
• Employment contracts
• Forward planning 
• Partnership devolution

The speakers are from DCLG, NALC and other experts,  also Stephen Williams MP, Parliamentary Under Secretary of State for Communities and Local Government.

Details on the NALC website here

If your council would like one of the free places please email BALC christine.lalley@ccberks.org.uk as soon as possible, closing date for applications 11th September

Enborne Parish Council want a clerk from November 2014

Enborne Parish Council, West Berkshire a small (570 electors) but lively council want a clerk to take over from November 2014 when the current clerk retires. Candidate must hold Cilca or be willing to undertake it, previous experience preferred. Current hours 5-6 hours per week, (280.8 per annum), salary LC1 according to qualifications and experience.


Further information from the existing clerk Janet Haines enbornepc@newbury.net or call 0776 7723372

.gov.uk - for your parish council?

The Government Digital Service has updated the guidance on naming and registering government domain names to make it faster, simpler and clearer to read through and decide whether you can apply for a gov.uk domain.

If you are a local authority you may want to use a gov.uk domain to instill confidence in your users, who use your website for advice/information or a service, or when communicating with them. A gov.uk domain makes clear that your organisation is official and can be trusted.

The Central Office of Information (COI) had responsibility for managing the guidance until late 2011 when the Government Digital Service took over; they took the opportunity revise the guidelines separating them into two different strands:

• central government (and its agencies)
• local government (including fire services, Associations of Local Councils, Internal Drainage Boards etc)

They are aware that parish and town councils often have part time staff and may not have a web team that has time to read and understand the guidance, along with all its technical conditions. So, they separated the strands and simplified the language. They believe this has made it easier to find what you are looking for and what to do next.

Please take a look at the new guidance here.

DCLG consulting on altering deadlines and criteria for neighbourhood plans and other planning rules

DCLG are seeking views on neighbourhood planning proposals which will:

• scrap the 6 week consultation and publicity period before a draft neighbourhood plan is submitted for examination
• local authorities must respond within a statutory time limit of 70 days as whether they will designate an applied for neighbourhood plan area
• scrap requirement that the neighbourhood plan complies with EU environmental rules, replace it with a statement/environmental report, screening opinion or explanation why the plan does not require either of them
• a new statutory requirement to test the extent of the consultation undertaken during the preparation of the NDP, Neighbourhood Development Order or Community Right to build Order 
• a requirement that landowners of allocated sites are consulted in a draft neighbourhood plan

The rest of the consultation concerns:

• proposals to expand permitted development rights,
• four proposals to improve the use of planning conditions and enable development to start more quickly on site after planning permission is granted.
• improving engagement with statutory consultees 
• proposals to raise the environmental impact assessment screening thresholds for industrial estate and urban development projects 
• proposals for making improvements to the nationally significant infrastructure planning regime

 The consultation is here on the DCLG website, they are seeking online responses.

Charity accounts - does this affect your village hall?

New Statements of Recommended Practice for charity accounting have been published (SORP's). All charities that prepare accrual accounts must follow them, they support charities implementing the new UK Generally Accepted Accounting Practices (GAAP) that takes effect for financial years beginning on or after 1st January 2015.

The main changes relate to the trustees annual report from 2015, charities with no reserves policy need to report this, a requirement for larger charities to explain their approach to risk management and the names of all charities' trustees must now be disclosed.

More information is available on the Charity Commission website