To receive a presentation on the powers and responsibilities of parish and town councils from Stephen Hedges, Clerk to Cox Green Parish Council.

The Chair introduced Stephen Hedges, Clerk to Cox Green Parish Council, who was doing a presentation on the powers and responsibilities of parish and town councils. Councillor K. Davies, Lead (Cabinet) Member for a Windsor Town Council, was also invited to the Forum meeting and would be leading on the consultation on a town council for Windsor. The Chair informed that a town council in Windsor would not replace the Borough local authority; instead, it was an extra layer of authority.

 

Stephen Hedges explained that parish councils were a tier of local government which were the closest to communities, varying in size from the small village or hamlet to larger communities of over 130,000. With a variation of facilities and services provided, the budgets of parish councils could have a large range from less than £1,000 to over £4 million. Parish councils were generally referred to as ‘local councils’, differentiating them from principal councils, namely district and county councils. There were around 10,400 local councils across England and there was no ‘one-size-fits-all’ description.

 

In terms of naming, alongside ‘Parish Council’, a local council may call itself from any of the following:

·       Town Council

·       Village Council

·       Community Council

·       Neighbourhood Council

 

In spite of the different names, their powers and duties were the same as the legislation applied to all local councils.

 

Stephen Hedges highlighted that there were eight city councils which could be confused with the higher tier principal councils. For example, Manchester City Council was a principal council whereas Wells City Council was a local council. He also highlighted that the Chair of a town council could be referred to as ‘Town Mayor’.

 

Stephen Hedges explained that an area may have one, two or three tiers of government with each possessing their own responsibilities which apply to the area which they cover. RBWM had a unitary authority which incorporated local authority tiers one (County Councils) and two (District, Borough and City Councils). Local (parish/town) councils were tier three; if there was no parish-level authority, then the district-level authority would carry out those functions. Each local authority tier was its own independent authority in its own right, whereby they were not subservient to any other authority; however, certain permissions may be required from a relevant authority carry out certain works or actions, such as highways works.

 

Stephen Hedges then explained the power and duties of local councils. He informed that a ‘power’ was the legislation which allowed a council to do something, while a ‘duty’ was a requirement imposed upon it (e.g., the duty to consider the crime and disorder implications of its actions and functions). Local councils had a duty of providing allotments if there was a demand. All the work and the actions of a council had to have a lawful basis; therefore, they needed to flow back to a relevant power. All the powers and duty of a local Council apply to all local councils, including newly created ones; therefore, they would have all the powers from day one, whether they exercise them or not.

 

Powers which local councils may possess include subsidising a community bus service, establishing and maintaining a car-sharing scheme, taxi fare concessions, traffic calming, creating public rights of way, dealing with litter and graffiti (such as issuing fines), tourism and publicity, provision of market by-laws, and more.

 

Parish/Town council may manage facilities which derive from the powers available to local councils. These may include cafes, visitor centres, public toilets, markets, museums, community centres, community shops, natural reserves, open spaces and play areas, swimming pools and sports facilities (e.g., courts, pitches), entertainment venues, and laundrettes.

 

The main source of funding for parish/town councils was usually the precept levy (part of the Council Tax bill), which was collected by a principal authority; in this case, RBWM. In fact, the Borough had a duty to collect it on behalf of all the precepting authorities, including the police and crime commissioner and fire authority. Currently, a local council’s precept was not capped, though the Secretary of State regularly reviewed this and could apply a cap if they consider increases to the precept as excessive. There was direct no central government funding for local councils or any mechanism to provide this.

 

Alternative sources of funding for local councils include market and pitch/grounds fees, car parking and services charges, allotment rents, lease income, grants and CIL/Section 106. Essentially, all parish/town council funding was locally derived.

 

In Berkshire, there were 104 civil parishes across six unitary authority areas; three of the unitary authorities were fully parished, Reading had no parishes, Slough had three, and RBWM had 15 (13 parish councils, one town council and a parish meeting) with the Windsor and Maidenhead being unparished.

 

Stephen Hedges then highlighted the salient points for consideration for consideration and to add context ahead of any governance review, asserting that it did not imply what a town council would look.

 

Using statistics for unparished areas of Windsor and the tax base, Stephen Hedges highlighted that a potential town council for Windsor encompassing the unparished areas of Windsor would be a large parish-level authority, highlighting that it would need to be considered in this context. Based on the tax base, a potential Windsor Town Council would be the 35^th largest local council in England (out of 10,400) and the third largest within Berkshire (out of 105).

 

Within Berkshire, the closest comparative council was Newbury Town Council with a similar population and tax base and provided the same type of services and facilities. He highlighted that he provided Newbury’s budget report document (which was attached to the meeting agenda) for comparison.

 

A tier-two district authority had powers to carry out concurrent functions: services and facilities which were usually provided by parish/town councils elsewhere. There was legislation which allowed concurrent functions being delivered by a tier-two council to be separately charged, known as special expenses. This provided a mechanism which could be considered fair if the charges were applied to the Council taxpayers of the areas in which those services were delivered. RBWM undertook concurrent functions within the Borough, and it applied this charging regime in a limited way to the unparished areas only. This was referenced in Borough reports as SAE (Special Area Expenses).

 

The powers which were currently a concurrent function with RBWM but could be carried out by a town council included car parks, sport pitches, cemeteries, markets, allotments, playgrounds, museums, open spaces, grit bins, public toilets, venues for hire and tourist facilities. Stephen Hedges highlighted that delegated functions were not something which a community governance review could consider. Rather, it was something that local and principal councils could enter if they wish.

 

Stephen Hedges then showed the allotments and recreational open spaces and play areas which were currently being maintained as a concurrent function.

 

Stephen Hedges concluded his presentation by conveying that what a Windsor Town Council would look like would be determined only by the Town Council and its councillors, its assets and finances and ultimately the residents of Windsor.

 

Jim, a resident, asked how the precept levy was negotiated with RBWM. Stephen Hedges replied that there were no negotiations with this as they were their own separate level of government. Instead, parish/town councils set their own budgets for their own priorities, services and facilities. Once the net requirement was summed up (taking into account parish/town council income), the precept levy was imposed on the borough council as part of the Council Tax bill, having no say about this.

 

Jim then followed up by asking whether parish/town councils had more independence in terms of arranging markets, festivals and other social events. Stephen Hedges suggested to look through the documents he provided before the meeting, namely the House of Commons document on parish and town councils as it contained information on their powers and responsibilities. He also suggested to look at Newbury Town Council’s website, notably its strategy and overview document which gave an idea and comparison of what a large town council would do. He added that the actions of parish/town councils were restricted in the powers and responsibilities it possessed, in contrast to this being held by another authority; for example, parish/town councils did not have the power to provide social or care services as these were legally provided by a tier one- or two-level (district or county) authority.

 

Steve Lowe, a resident, asked about the next steps in establishing a town council for Windsor. Stephen Hedges replied he did not work for RBWM, who were managing the Community Governance review. Councillor K. Davies suggested that any questions for Stephen Hedges should go first before she received any questions on the Borough’s procedure for a Windsor town council.

 

John Webb, a resident, asked about the options in terms of a parish/council, their offices and clerks, wondering whether these facilities could be shared with another local council. Stephen Hedges informed that there was ‘grouping’, which he speculated would not be consider under the Borough’s Community Governance review. On the sharing of offices and officers with another local council, he suggested that this would not be considered for a potential Windsor town council due to its likely size (based on geography and the tax base) and therefore would require its own dedicated staff.

 

After thanking for the presentation, Nigel Griffin, a resident, asked whether local councils had the opportunity to comment on planning matters. Stephen Hedges confirmed this, elaborating that, in its representative role, local councils were able to give representations and submit comments to consultations of planning applications from tier one or tier two authorities (in this case, RBWM) as they were the local planning authority. While parish/town councils were not statutory consultees, they had a statutory right to be informed of planning applications. In addition, there was a long-standing convention within the Borough and across all local planning authorities whereby parish/town councils could contribute to planning applications. In regard to the planning/design in an area, this was managed under a neighbourhood plan, which would then become part of the local development framework. While a local council was able to forward comments to a planning authority, this had to be within valid reasoning of planning legislation and policy rather than on the simple grounds that it did not like it.

 

After thanking Stephen Hedges for the presentation, Councillor W. Da Costa conveyed that many residents who lived in his Borough ward of Clewer and Dedworth West in Windsor lived under the jurisdiction of Bray Parish Council and therefore were not encompassed under the previous Community Governance review for a Windsor town Council. He then asked Councillor K. Davies, as the Lead (Cabinet) Member for a Windsor Town Council, for assurance that the maps in Stephen Hedges’s presentation were only for illustrative purposes and that his ward residents (and other residents) would not be excluded from this process.

 

Stephen Hedges replied that the previous Community Governance review encompassed the unparished areas only; and that a separate review of parished areas would need alongside a review of the unparished areas. From his understanding, only the unparished areas would be reviewed and therefore provided the basis of the map in his presentation.

 

Councillor K. Davies, who would chair the Community Governance review, thanked Stephen Hedges for his presentation and time, explaining that it was intended to provide insight of parish/town councils as Windsor residents did not have the experience of this. She then went on to answer the earlier question from Steve Lowe on the timeframe, explaining that the Borough was working on the back of ensuring that the Borough would be ready for a potential council to be elected during the next local elections in May 2027 (providing that there was a desire for a town council). She added that Kirsty Hunt, Service Lead for Electoral and Democratic Services, would lead the review from the officer side.

 

Once the processed started, Councillor K. Davies explained, Kirsty Hunt would write a terms of reference for review, with one area of consideration (in answer to Councillor W. Da Costa’s earlier question) being whether the Community Governance review would do a review of only the unparished areas of Windsor (like previously) or another review taking place concurrently on where the boundary between Bray and potentially Windsor would be. Under the previous review, it was decided that the Borough would establish a town council in Windsor first before considering whether the residents of Bray wanted another Community Governance review on whether they wanted to be part of a Windsor town council or continue to be part of Bray Parish Council. Essentially, the work at the moment was to make the preparations from the officer side, particularly the terms of reference.

 

Councillor K. Davies informed that the decision to conduct a Community Governance review took place at the Full Council meeting in July 2023, adding that the preparatory work was not being rushed to ensure it was being done adequately as well as the sufficient time to reach the deadline of May 2027. She also informed that once the terms of reference was completed, the community governance review needed to be completed within 12 months.

 

John Webb asked whether a single town council would be considered or whether there was scope for consideration for two parish-level councils in Windsor: one for the Town Centre and another for West Windsor. Based on her recollection of the previous governance review, Councillor K. Davies answered that there would be two consultation periods. The first one would be on the terms of reference; following from this, the second consultation would be on the model, whether a single town council or two parishes in Windsor. This would then go to consultation again which would seek more substantial response.

 

Pointing out that the establishment of a town council for Windsor was years away in 2027 and believing that Windsor residents were not receiving the benefit from the current precept, John Webb requested for the Forum to approach Cabinet for a resolution whereby money in the budget would be set aside for the Forum to:

·       Purchase Christmas lights for Dedworth Road in the Clewer and Dedworth West and Clewer and Dedworth East wards, as well as to fund the replacement of lampposts (consider unsuitable) for supporting those Christmas lights).

·       Fund the ongoing provision of hanging baskets and flower displays along Dedworth Road.

 

The Chair asked Stephen Hedges if he had any input. While he advised that confirmation from RBWM officers would be required, Stephen Hedges informed that there was currently an unparished precept charge on the Council Tax bill which raised for the services and concurrent functions being carried out in Windsor. While the Borough Council could raise this precept, it had to take into account that it would be capped by legislation. He added that resolutions for special expenses to the Borough council could be put forward, albeit under a complex process.

 

Stephen Hedges added that he would “thoroughly endorse” the timescale being for 2027. Based on his experience at Cox Green Parish Council, which was the newest parish council to be created in Windsor and Maidenhead, Stephen Hedges strongly advised that this sort of timeframe would be required as there would be a huge amount of work to be done, such as to identify the services and costs, stating that the previous community governance review only touched on the subject. He strongly advised against doing this process quicker as the Borough would only receive knee-jerk reactions.

 

Richard Endacott, a resident and Chair of the Windsor Town Council Steering Group, asked whether satisfaction surveys across the parish councils within RBWM or the larger town and city councils across England where data could be collected. Stephen Hedges replied that the best guide to a satisfaction survey would be the local elections every four years, whereby residents could vote out local councillors if they were unsatisfied with the way things were being managed. He informed that parish/town councils, due to being very local, tended to be attuned to the views of residents. He added that larger parish/town councils sometimes carried out satisfaction surveys on specific issues, such as a ground maintenance or street light services.

 

When Nigel Griffin requested that the Forum ask for some money to get some stuff done, the Chair replied that it would be investigated on what could be done.

 

Sue, a resident, asked whether the extra level of governance would lead to the increase in the community charge to cover the extra expenditure. The Chair replied that this would be agreed with a town council. At the moment, as Windsor was an unparished area, there was unparished precept as part of the Council Tax. She suggested that this unparished precept could be increased to provide further money in Windsor. Under a town council, the costs of the services that the town council would manage would be examined, which would then determine the precept.

 

Councillor K. Davies explained that, if a town council were to be established, the first year of its existence (2027-28), the Borough Council would determine the responsibilities in which the parish/town council would take over for the first year. It would start small and work its way up, such as managing allotments and parks and play areas. Once the parish/town council had been elected and councillors had been elected, a budget would be set accordingly whereby the money in which the Borough would have spent on would be transferred to the new town/parish council. In subsequent years, the parish/town council and its new councillors would then be able to set their own precept, and also negotiate with the Borough on any further responsibilities it would like to take on.

 

Councillor K. Davies added that there was no separate money for Windsor at the moment which was not being spent already. Instead, the money went into the general budget. The Chair mentioned that funds needed to be requested, citing the Forum’s terms of reference.

 

In regard to Borough Ward borders, Councillor Buckley asked whether there would be consideration to bring all borders between Windsor’s unparished areas and neighbouring parished areas under review, namely Old Windsor and Bolton, rather than Bray only to ensure fairness. Councillor K. Davies responded that Bolton was under the Old Windsor Borough Ward but was not under Old Windsor Parish Council. Because of this, Bolton would be included in the community governance review as an unparished area. She added that there some houses in the Clewer and Dedworth West Ward which were under Bray Parish Council but in a Windsor Borough Ward.

 

Responding to Sue’s question on additional costs to running a town council, Councillor Price stated that there would be some costs, such as a employing a parish clerk, but believed the budget would be “quite miniscule”.

 

Councillor A. Tisi, Vice-Chair, thanked Stephen Hedges for his presentation, stating that it put into context the potential size of a town council to encompass Windsor as well as the work needed to create one.

 

Jim commented that the deadline for 2027 was not too far away to make the preparations, pointing out that it would take a year to do the community governance review and consultation (and arrange one), and then determine the direction of the parish/town council. He suggested that communication with residents should be “stepped-up”.

 

Lautaro (from Busy Buttons CORE charity) asked how residents could get involved in influencing the idea of a town council for Windsor. The Chair pointed out that there was the Windsor Town Council Steering Group, which was composed of residents and chaired by Richard Endacott (who was in attendance).

 

In spite of the long distant 2027 deadline, Councillor K. Davies reassured that the process had already started as there was much preparatory work to do within the Borough. She added there would be much more engagement with residents, and that there was an exploration of opportunities to encourage engagement beyond those who were already interested in a town council, such as using social media.

 

Jim conveyed that more residents could be engaged through the use of, for example, social media. He added that there could be emotive-based responses in contrast to being financial or political, and therefore suggested the Borough should consider the emotional content in terms of talking to people. Councillor K. Davies responded that there would be engagement with residents without any predetermined outcomes. She added that there was a legal process to follow as well.

 

John Webb wondered whether the core functions could only be the cemeteries and allotments and then the “nice things” could be added, with the taxpayers deciding whether to fund, for example, hanging baskets and Christmas lights in contrast to parks which could be left with the Borough to manage. Councillor K. Davies replied that it was not the case that parish/town councils could only do nothing but hanging baskets and other “nice things”, stating that they would have to take on some level of function.

 

Stephen Hedges confirmed that parish/town council had the responsibility with allotments under legislation, but this was currently handled by the Borough in Windsor as it was unparished. In regard to the services being managed by a town/parish council in Windsor, Stephen Hedges conveyed the question which needed to be asked amongst Forum members and residents was why a town council would not be providing the services for its residents, particularly if it was raising the funds for those services. He also informed that this was a long and complex process and would require the Borough to expend some resources as it may need to change some of its internal practices. He conveyed that the parish/town council’s functions and responsibilities was not exclusively about the “nice things”, and strongly advised against creating a Windsor town council on these grounds as parish/town councils had certain responsibilities and would need to deliver services in the local area.

 

Steve Lowe conveyed that RBWM would need to use all of the channels available as part of building awareness and educating residents, stating that social media cannot be relied on (or at least a single platform). Councillor K. Davies reassured that RBWM would be using a variety of methods and platforms as part of this process.

 

(Kirsty Hunt left the meeting at 7:37pm)