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WHITWICK PARISH COUNCIL Parish Clerk: Phil Ellis CMA APDipPR, 16A Foan Hill, Swannington, Coalville, Leics LE67 8RD (tel: 01530 458565 )(e.mail:[email protected]) Website: http://whitwickpc.leicestershireparishcouncils.org
To: The Chairman and Members of Whitwick Parish Council 1 December 2011 Dear Councillor I hereby summon you to attend a meeting of the Whitwick Parish Council to be held at 7.00pm on Thursday, 8 December 2011 at the St John the Baptist C of E School, Parsonwood Hill, Whitwick for the purpose of transacting the following items of business. Yours faithfully Interim Clerk AGENDA Apologies for Absence Declarations of Interest To receive declarations of interests in respect of items on the agenda. Members are reminded that following the adoption by the Council of the new Code of Conduct, any declaration of interest should be made having regard to the new Code; in particular, members must make clear the nature of the interest and whether it is „personal‟ or „prejudicial‟. 1. PUBLIC QUESTION AND ANSWER SESSION 2. MINUTES To approve the minutes of the previous meeting held on 27 October 2011 (copy attached)
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3. COMMUNITY POLICING This is an opportunity for your local beat PC/PCSOs to have a dialogue with the Parish Council. 4. SPEEDING TRAFFIC – LOUGHBOROUGH ROAD, WHITWICK Representative(s) of Loughborough Road Community Speedwatch will be attending the meeting to present their findings and to invite the Council‟s support in requesting the County Council to introduce suitable traffic calming measures. 5. COMMUNITY FOCUS Tony MacRory-Smith, Principal Community Team Leader, NWLDC will be in attendance at the meeting to give a short presentation on the role of new Community Focus team and the support they can offer to groups and individuals. 6. COMMUNITY-LED PLANNING (a) The Clerk to report that the Council‟s application to the County Council‟s Big Society grant fund in respect of the Rural Community Council‟s training fees has been successful. (b) Members who attended the Rural Community Council workshop on 22 November to give feedback and suggest ways forward. 7. PLANNING (a) Applications The Clerk to report notification of the following by NWLDC and LCC: 11/00934/FUL – Erection of a part two-storey, part first floor level rear extension (replacing conservatory) – 69 Leicester Road, Whitwick 11/00957/FUL – Demolition of detached garage, erection of an attached garage and single storey extension, alterations to existing kitchen and outbuilding – 164 Church Lane, Whitwick 11/VOC0037/LCC - Tom Toon & Daughters Skip Hire - variation of condition 2 and 7 of planning permission 2005/1453/07 to lay concrete to create a storage area for soils and hardcore associated with the business - 40, Brooks Lane, Whitwick (b) Proposed telecommunications installation - grass verge on west side of Market Place (at the junction with Hall Lane), Whitwick To consider a letter from Higham & Co regarding further proposals for a radio base station for Telefonica O2 Ltd (copy attached)
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(c) Decisions NWLDC have now taken decisions as follows: Approved: 11/00517/FUL – Erection of fist floor front extension and conversion of existing garage to annexed living space with associated work – 12 Howe Road, Whitwick 11/00737/TPO – Crown lifting of horse chestnut trees to clear thatched roof - Old Vicarage Residential Home, 11 Silver Street, Whitwick 11/00859/ - Erection of two storey side extension – 20 Hilary Crescent, Whitwick Refused: 11/00661/FUL – Change of use to mixed use for residential and cattery together with the erection of a timber single-storey boarding cattery building – 35 Tressall Road, Whitwick 11/00830/FUL – Alterations and extension to dwelling – 240 Church Lane, Whitwick 11/00833/T56 – erection of a 12.5m high slimline telecommunications streetworks column with antenna together with 1 no. equipment cabinet and 1 no. metre pillar (prior notification) – Quiet Storm Communications, Talbot Street, Whitwick 8. THE QUEEN’S DIAMOND JUBILEE – 4 JUNE 2012
To consider whether the Parish Council should support any initiatives in celebration of this event. One initiative being promoted nationally is to light 2012 beacons across the country on Monday, 4 June 2012 – traditional bonfire beacons and church tower beacons fuelled by bottled gas. Kits for church tower beacons are available at a cost of £299 plus VAT plus p&p. 9. LOGO COMPETITION The Clerk to submit any entries received by the closing date of 1 December. 10. REQUEST FOR GRIT BIN The Clerk to report receipt of a request for siting of a grit bin from Mrs S Edgecombe of 24 Elsdon Close, Whitwick. Mrs Edgecombe has been advised of the Council‟s previous decision not to fund such provision until community priorities have been identified through the proposed community plan survey.
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11. NALC POLICY CONSULTATIONS To consider whether to respond to the following consultations: (a) Neighbourhood Planning (b) Community Infrastructure Levy Copies of the NALC policy papers are attached for information. Copies of the full consultation documents (37 and 35 pages respectively) and response forms have been lodged on the Members‟ Area of the website. 12. ACCOUNTS FOR PAYMENT To approve payment of the following: HMRC – Tax and NI - £779.81 P J Ellis - Postages and Stationary - £97.73 13. RISK ASSESSMENT To consider adopting a Risk Assessment (draft attached). The Council will be expected to have such a document in place for audit and the draft has been approved by the Council‟s appointed Internal Auditor. Recommended: That the draft Risk Assessment be adopted and reviewed annually. 14. ASSET REGISTER The Clerk to submit a register of the Council‟s assets (copy attached). This is another document required for audit purposes. Recommended: (a) That the Asset Register be approved (b) That the document be updated regularly as changes occur and reviewed annually 15. MARKET PLACE PUBLIC CONVENIENCES, WHITWICK The Clerk to report receipt of a letter from NWLDC‟s Director of Services and Deputy Chief Executive asking if the Council wishes to consider the transfer of this building “to operate the facilities as public conveniences” at the Parish Council‟s expense. Members will recall that there has been a suggestion that this building could be converted to provide an office for the Parish Council and this idea was floated at the meeting regarding transfer of property with the Chief Executive on 25 October. Members‟ instructions are requested.
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16. TRANSFER OF LAND FROM NWLDC An update on the timeline for transfer has been requested following the meeting with the Chief Executive on 25 October and any response will be reported to the meeting. The Chairman and Clerk have had a subsequent meeting with senior District Council officials regarding the future of the cemeteries service and in particular how fees are charged in the next financial year. Members are reminded that the Council has previously agreed: “That the parish do not take on the cemetery at the present time but that the matter be reviewed if and when the remainder of the Coalville special expense area is parished.” The intention would be to engage with other urban parishes with a view to forming a joint board so that Whitwick, Hugglescote and Broom Leys cemeteries continued to provide a combined service across the whole Coalville urban area. With this in mind, it is recommended that NWLDC be requested to continue the current practice of not charging enhanced fees for burials in Whitwick Cemetery for residents of the Coalville urban area. 17. FINANCIAL STATEMENT To receive a Bank Reconciliation as at 3 November which has been verified by the Chairman (copy attached). 18. RECRUITMENT OF PARISH CLERK To give further consideration to the use of paid advertising 19. DRAFT BUDGET 2012/13 To consider the report of the Interim Clerk (copy attached)
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MINUTES of a MEETING of WHITWICK PARISH COUNCIL held on THURSDAY
27 OCTOBER 2011 at the St John the Baptist C of E School, Parsonwood Hill,
Whitwick.
Present: Councillor R Woodward (Chairman) (In the Chair)
Cllrs A Barker, S Colledge, E Easom, T Gillard (arrived 7.02pm), D Howe, L Spence,
J Straw and L Weaver
In Attendance: Mr P Ellis, Interim Clerk, Mrs L Ellis, Interim Assistant Clerk
3 members of the public
Apologies: Councillor N Pearson
Declarations of Interest:
Councillor D Howe declared personal and prejudicial interests in Minute No 71
(Planning) as a member of NWLDC’s Planning Committee
Councillor L Spence declared a personal and prejudicial interest in Minute No 71
(Planning - Application 11/00833/T56) as an NWLDC Ward representative
68. PUBLIC QUESTION AND ANSWER SESSION
No members of the public had any questions.
69. MINUTES
Further to Minute No 59(d), Councillor Weaver reported on her attendance at the
initial Rural Community Council training session on community-led planning the
previous evening. This had been aimed at moving immediately to a public meeting
to launch the exercise whereas the Council’s aim had been to establish a blueprint
for the exercise with a view to assembling a steering group and launching it
sometime next year. The same applied to Hugglescote & Donington le Heath Parish
Council which was the only other authority attending the training. In the
circumstances, the RCC representative had offered to use the training fees already
paid to tailor support more suitable to the Council’s requirements which would
include advice on necessary provision in the 2012/13 budget and how to access
practical and financial support.
Resolved:
(a) That the minutes of the previous meeting held on 27 October 2011 as
previously circulated be approved as a correct record
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(b) That the suggested alternative approach to RCC support for community
planning using the training fees already paid be approved
70. COMMUNITY POLICING
No representative of Leicestershire Constabulary was in attendance and no policing
issues were raised.
71. PLANNING
(a) Applications
The Clerk reported notification of the following by NWLDC:
11/00737/TPO – Mr M Booth – Crown lifting of Horse Chestnut trees to clear
thatched roof (trees protected by Tree Preservation Order) – Old Vicarage
Residential Home , 11 Silver Street, Whitwick
11/00420/FUL – Friends of Holly Hayes Wood – Erection of small compound with
storage container and welfare unit – Holly Hayes Wood, Leicester Road, Whitwick
11/00830/FUL – Mr B Howard - Alterations and extensions to dwelling – 240 Church
Lane, Whitwick
11/00859/FUL – Mr P Gregory – Erection of 2 storey side extension – 20 Hilary
Crescent, Whitwick
The following applications were to be considered by NWLDC’s Planning Committee
on 1 November. The Parish Council was asked if it wished to appoint a
representative to speak for up to 3 minutes on either or both applications:
11/00661/FUL – change of use to mixed use for residential and cattery together with
erection of timber single storey boarding cattery building – 35 Tressall Road,
Whitwick
11/00833/T56 – erection of 12.5m high slimline telecommunications streetworks
column with antenna together with 1 equipment cabinet and 1 metre pillar (prior
notification) – Quiet Storm Communications, Talbot Street, Whitwick
The Council had previously decided not to object to 11/00661/FUL. With regard to
11/00833/T56, members were aware that a technical objection had been lodged by
Mr J Sketchley questioning health and safety aspects of the proposal given the
proximity of the proposed site to a petrol station and that he would be attending the
meeting to speak on the issue. Councillors Gillard and Spence would also be
speaking in their roles of County and District Councillor. In the circumstances, it was
felt that a parish representative could not add anything extra to what was already
going to be said.
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Resolved:
(a) That with regard to application 11/00833/T56, the District Council be
advised that in the event of there being legitimate health and safety
concerns, these should be paramount in deciding the application
(b) That no objections be made to the other applications
(Councillor Spence left the meeting during debate on application 11/00833/T56)
(b) Decisions
The following applications had now been approved by NWLDC:
11/00608/VCI – Mr R Morris – Erection of 3 dwellings approved under planning
permission 10/00006/FUL without complying with condition 2 to enable provision of
first floor accommodation to plot 5, Parsonwood Paddock, Whitwick
11/00623/FUL – Mr R Mellors – proposed garage conversion, 35 Lakeshore
Crescent, Whitwick
11/00642/EXT –Mr Michael Aris – New outline permission to replace 08/0111/OUT
to extend time period for demolition of 81/81A North Street, Whitwick and
redevelopment of site with erection of 9 new dwellings, parking and turning facilities
11/00664/FUL – Mr J Worth – alterations and extension to dwelling including
erection of single storey front extension, 2 dormer windows to rear roof slope and
single storey rear extension to garage – 64 Loughborough Road, Whitwick
11/00694/FUL – Mr Gary Bates – Erection of 2 storey side extension – 113
Loughborough Road, Whitwick
11/00710/FUL – Mr and Mrs Sawyer – Single storey rear extension – 61 Cademan
Street, Whitwick
11/00726/VCU – Mr S Wilcox – new outline permission to replace 08/01710/OUT in
order to extend time period for implementation for erection of 2 No two storey three
bedroomed properties – 16 School Lane, Whitwick
11/00774/TPO – crown lifting and thinning of 6 lime trees protected by tree
preservation order – Whitwick Day Nursery, Market Place, Whitwick
The following application had been unanimously refused:
10/01208/OUTM – William Davis Ltd and Jelson Ltd - Proposed residential
development, village centre and other uses – Land north of Stephenson Way (A511),
Coalville
Resolved: That the report be received
(Councillor Howe left the meeting during consideration of the whole of this item)
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72. REVIEW OF PARLIAMENTARY CONSTITUENCY BOUNDARIES
The Clerk reported that the Boundary Commission had published initial proposals which would see the existing North West Leicestershire Parliamentary Constituency divided between two new constituencies – Bosworth and Coalville & Keyworth. This Parish would fall within Coalville & Keyworth.
Maps illustrating the two proposed constituencies together with an extract from the Boundary Commission website detailing the review had previously been circulated and are attached to the official copy of the minutes.
Any views on the proposals could be sent to the Boundary Commission not later than 5 December.
Members expressed concern that the proposed Coalville and Keyworth Constituency would be an artificial area with no historic or current community links. There were not even any public transport links between the two towns and the long-established Coalville urban area would be split down the middle. The whole concept was illogical. While recognising the requirement to reduce the number of MPs, the existing North West Leicestershire constituency was only 722 electors short of the required minimum of 72,000 and, given the numbers of new houses envisaged in the District Council’s emerging Core Strategy, new house building should soon see this figure more than exceeded. A constituency coterminous with the District Council boundary had distinct advantages and the proposal would make the MPs job a much more onerous one by straddling not only District but also County boundaries.
Resolved: That an objection be lodged with the Boundary Commission on these grounds.
73. PARISH NOTICE BOARD
Consideration was given to a report by the Interim Clerk (copy previously circulated and attached to the official copy of the minutes). He had been advised that the County Council licence fee was £100.
Resolved:
(a) That an application be made to the County Council for a licence to site a notice board on highway land at City of Dan between the junctions with Hall Lane and Silver Street
(b) That payment of the licence fee of £100 be approved (c) That subject to a licence being granted, a model PDN man-made timber
2 Bay Notice Board be purchased from Greenbarnes Ltd (d) That quotes be sought from local builders for erecting the notice board
on site
74. REQUEST FOR PROVISION OF GRIT BIN
Consideration was given to a request from a resident that a grit bin be provided on Pares Close, Whitwick.
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Under current arrangements, the County Council would need to approve the site, the Parish Council would be expected to pay for the bin and the County Council would then keep it topped up with grit. The cost was approximately £300 per bin.
While recognising that this small cul-de-sac was on a slope, members expressed concern that this might set a precedent for similar requests. Before incurring any expenditure, it was agreed that villagers should be consulted to determine the demand for new bins and to enable locations to be prioritised. It was also possible that in future, the County Council might introduce charges for topping up.
Resolved:
(a) That demand for and public priority sites for new grit bins be addressed through the parish planning process
(b) That provision be made in estimates to enable the Council to take a phased approach to purchase of new grit bins
(c) That provision of grit bins be requested to be included in any future Section 106 agreements for housing developments on sloping sites
75. ACCOUNTS FOR PAYMENT
The following accounts were submitted:
NWLDC – Printing - £12.26
Royal British Legion – Poppy wreath - £17 (Section 137 expenditure)
Resolved: That these payments be approved
76. FINANCIAL STATEMENT
The Clerk submitted a Balance Sheet and Bank Reconciliation Statement to 10 October 2011 (copies previously circulated and attached to the official copy of the minutes).
Resolved:
(a) That the report be received (b) That the Chairman of the Council be nominated to check and verify
these figures as part of the Council’s financial control arrangements
77. STAFFING POLICIES
The Clerk suggested that the Council should adopt Disciplinary and Grievance Procedures (drafts previously circulated and attached to the official copy of the minutes).
Because a parish council with just a clerk did not have the usual line management arrangements of a larger organisation and having regard to the need to incorporate an appeals procedure, these policies would require the appointment of:
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(a) A Staffing Committee with delegated powers to institute disciplinary procedures and hear grievances in accordance with the policies and
(b) An Appeal Committee made up of members not on the Staffing Committee with delegated powers to hear and decide on appeals lodged in accordance with the policies.
Resolved:
(a) That the draft Disciplinary and Grievance procedures be adopted (b) That a Staffing Committee comprising Councillor Woodward (Chairman)
and Councillors Colledge and Weaver be appointed with delegated powers to institute disciplinary procedures and hear grievances in accordance with the policies
(c) That an Appeal Committee comprising Councillor Howe (Chairman) and Councillors Barker and Easom be appointed with delegated powers to hear and decide on appeals lodged in accordance with the policies
78. TRANSFER OF LAND
The Clerk gave a verbal update on the meeting with the District Council’s Chief Executive which had been held on 25 October. The Chairman and Vice-Chairman had been in attendance together with representatives of Hugglescote and Donington le Heath Parish Council.
It was now clear that the transfer of land from the District to the Parish would not take place in time for the next financial year. The current arrangements of maintenance costs being charged by NWLDC as a Special Expense on the Parish would therefore continue for 2012/13. The provisions in the Parish Council Creation Order for the Parish to give the District notice to terminate the current maintenance arrangements did not apply until after transfer took place meaning that no change could be made before 1 April 2014 at the very earliest. The District Council had agreed to supply a timeline for addressing “complex legal issues” involved in the transfer.
Given the District Council’s commitment to a zero council tax increase in a time of inflation, this would put additional pressure on special expense budgets and the Parish had been requested to assume responsibility for community grants from 1 April next.
Resolved:
(a) That the report be received and that future progress be kept under close review
(b) That provision for community grants be included in the 2012/13 estimates
79. SCHEDULE OF MEETINGS
Resolved: That a revised schedule of meetings be approved as follows:
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8 December, 19 January, 8 March, 29 March (interviews), 19 April, 17 May (Annual Parish/Parish Council)
80. NWLDC SPENDING PLANS 2012/3 TO 2014/5
Members considered responding to NWLDC’s budget consultation (copies previously circulated by e-mail and attached to the official copy of the minutes).
While recognising the need for fiscal responsibility, some members felt that the cuts were weighted too heavily in Year 1 and that some should be deferred to Year 2 to give the local economy more chance to recover. Other members felt that the District Council’s finances were too complex for the Parish to make constructive comments. It was also recognised that the overall budget strategy was being controlled by central government.
Resolved: That no comments be made
81. EXCLUSION OF PRESS AND PUBLIC
Resolved: That having regard to the confidential nature of the following
business and the need to receive advice, publicity in respect of which would
be prejudicial to the public interest, the press and public be excluded from
the Meeting in accordance with the provisions of Section 1 of Public Bodies
(Admission to Meetings) Act 1960 (as amended).
82. RECRUITMENT OF CLERK
Consideration was given to the report of the Recruitment Working Party (copy previously circulated and attached to the official copy of the Minutes)
Resolved:
(a) That the report of the Recruitment Working Party be received (b) That the post be advertised at 18.5 hours per week on Scale LC2 points
30 to 34 (c) That the draft job advertisement be approved (d) That the draft Information for Applicants be approved (e) That the draft person specification be approved (f) That the draft job description be approved (g) That an application form be not used and that applicants be invited to
apply in their own style to include details of education, employment and two referees
(h) That an equal opportunities questionnaire be not used (i) That a medical questionnaire only be required from the successful
applicant (j) That the current employment of the Interim Clerk and Interim Assistant
Clerk be extended to 31 March 2012 (k) That from 1 January, the hours be 18.5 per week divided on a 10:8.5
basis
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(l) That the two year contract be advertised in February with interviews to be held in March
(m) That the post be advertised at no cost via the Council’s website and notice board; the Leics Association of Local Council’s mailing list and Jobcentre Plus
(n) That further consideration be given to paid advertising at the next meeting
(o) That in the event of the Interim Clerk and/or Interim Assistant Clerk intending to apply, applications be sent direct to the Chairman
(p) That shortlisting be undertaken by the Recruitment Working Party
(q) That the interview process be undertaken by members of the recruitment Working Party with other members present as observers
(r) That the interviews comprise a 10 minute presentation by candidates, a question and answer session based on the presentation and structured further questions
(s) That the decision to appoint be taken by all councillors present and voting
The meeting terminated at 8.21pm
CHARTERED PLANNING & PROPERTY ADVISERS
BY E-MAIL Our Ref: MW/TY.175/41013/011 14 November 2011
Clerk Whitwick Parish Council By e-mail Dear Sir or Madam TELEFONICA 02 LIMITED PRE-APPLICATION CONSULTATION - PROPOSED PROVISION OF A TELECOMMUNICATIONS BASE STATION (CS – 20205 O2 – 41013) – SITE ON A GRASS VERGE ON THE WEST SIDE OF MARKET PLACE (AT THE JUNCTION WITH HALL LANE), WHITWICK, COALVILLE, LEICESTERSHIRE, LE67 5EW Higham & Co act for Telefonica O2 Ltd who is in the process of progressing a suitable site in Whitwick for a radio base station. As part of O2’s continued network improvement program, there is a specific requirement for a radio base station at this location to provide 3G coverage to the surrounding area. Mobiles can only work with a network of base stations in place where people want to use their mobile phones or other wireless devices. Without base stations, the mobile phones and other devices we rely on simply won’t work. Following the refusal of Application ref 11/00713/T56 on 13 September 2011 my client has met with the Chair and Deputy Chair of Whitwick Parish Council who maintain their objection to the installation at the proposed location. My client has determined that there are no other suitable and available alternative sites for the proposal that will meet the technical requirements of O2. Further consideration has therefore been given to the design of the installation and it is now proposed to utilise a replica telegraph pole design and a smaller equipment cabinet than previously proposed. The purpose of this letter is to consult with you and seek your views on our proposal before any planning submission is made. We understand that you are not always able to provide site specific comments, however, O2 is committed to consultation with communities on our mobile telecommunications proposals and as such would encourage you to respond. O2’s technical network requirement is as follows:
Cell Site Ref CS 20205 O2 41013 – Hall Lane
The site is required to increase 3G network coverage for O2 in Whitwick
A number of options have been assessed in respect of the site search process and the preferred option is to site an installation on the west side of Market Place at the junction with Hall Lane. Our client is well aware that only the most sensitive of design solutions will be accepted and is committed to progressing the most appropriate of planning proposals. In this regard O2 proposes to install the following equipment:-
- Provision of a 12.5m high slimline replica telegraph pole telecommunications installation with O2 antennas located behind a shroud.
- Provision of 1 no. small scale equipment cabinet.
- Minor ancillary works.
The proposal now incorporates a telegraph pole design and a smaller equipment cabinet to that which formed the basis of the previous application at the site. We have enclosed draft plans of the proposal to assist you in compiling any comments that you may have in relation to the proposal. Our records of other potential sites have already been reviewed, the policies in the Development Plan have been taken into account and the planning history of the site has been examined. All O2 installations are designed to be fully compliant with the public exposure guidelines established by the International Commission on Non-Ionizing Radiation Protection (ICNIRP). These guidelines have the support of UK Government, the European Union and they also have the formal backing of the World Health Organisation. A certificate of ICNIRP compliance will be included within the planning submission. In order to give you time to send your comments or request further information, we commit to allow at least 14 days before an application is submitted to the Local Planning Authority. This 14 day period starts from the date at the top of this letter. We look forward to receiving any comments you may have on the proposal. Yours faithfully
Matthew Waugh Planning Partner Higham & Co (for and on behalf of Telefonica O2 Ltd as a duly authorised agent)
Policy Consultation
P41-11 21 October 2011
Page 1 of 1
National Association of Local Councils
Tel: 020 7637 1865 Fax: 020 7436 7451 e-mail: [email protected] website: www.nalc.gov.uk
NEIGHBOURHOOD PLANNING REGULATIONS
Neighbourhood planning has become central to the Government’s localism, de-centralisation and Big Society agenda. With greater de-centralisation of planning powers, people are being given the chance to have a greater say in how their places are shaped. The Government wants communities to be generally more supportive of the concept of sustainable development. The neighbourhood planning proposals laid out by the Government will enable the wholesale devolution of planning powers to a more local level than ever before. The fundamental reason for neighbourhood planning is that it is community-led. Here, the community is in the driving seat of the process, with the planning authority making key decisions at certain steps along the way. A referendum at the end of the whole process will ensure the community has the final say on whether a neighbourhood plan, a neighbourhood development order or a Community Right to Build Order comes into being.
The aim of Communities and Local Government in framing the new neighbourhood planning proposals is to be transparent, effective and inspirational at involving communities in the planning system. Communities need to know that they do have an influence on the built environment locally and Government needs to know that in granting communities such extra powers in the planning process, this will complement, not undermine, local economic growth. Regulation making powers contained in the Localism Bill have been used to ensure that the planning system is legally robust and that there is a level of consistency of approach nationally. The Department wishes to ensure that in taking forward these neighbourhood planning proposals they are workable and purposefully proportionate. The main criteria the Government is applying in this endeavour, are – placing minimal procedural requirements on communities and encouraging them to get involved; placing minimal requirements on planning authorities; not interfering with planning authority decision making; reserving regulation making powers where possible; and drawing upon existing procedures and practice where possible.
The prescribed neighbourhood planning process by regulation, draws on existing approaches, as is the case in the holding of referenda. It is also silent on the aspects of neighbourhood planning which should be decided by local communities and planning authorities. The Department believes that the whole neighbourhood planning process should be community-led and free from red-tape. In order to finalise, hone and seek views on the draft neighbourhood planning proposals contained in the Localism Bill, the Government is engaging in a formal consultation on this matter, which can be downloaded from the following link: http://www.communities.gov.uk/publications/planningandbuilding/planningregulationsconsultation
This consultation ends in early January, 2012 and the National Association will be formally responding in due course. Since many local councils will have strong views on neighbourhood planning, the Association wants to give them the chance to inform its own formal response.
County Associations and member local councils are strongly encouraged to submit their own responses to the consultation. In order to help shape our own submission we would welcome your responses by Noon on 12 December, 2011 to [email protected] .
The National Association always accepts and includes responses from individual clerks and councillors (there is no expectation that responses must simply come from councils as bodies corporate). We understand the difficulty in submitting formal council responses, but must operate within consultation timings and to Central Government deadlines.
This briefing was issued by Chris Borg, Policy and Development Manager NALC 2011
Policy Consultation
P39-11 20 October 2011
Page 1 of 1
National Association of Local Councils
Tel: 020 7637 1865 Fax: 020 7436 7451 e-mail: [email protected] website: www.nalc.gov.uk
COMMUNITY INFRASTRUCTURE LEVY
The Community Infrastructure Levy allows principal local authorities to choose to charge a levy on new development in their area in order to raise funds to meet connected demands placed on the area and to enable growth. The revenue raised from such a levy must be used to provide infrastructure to support the development of the area, addressing the matters that the council, the local community and neighbourhoods identify are required for the development to proceed. For instance, new roads, transport, a new park, a new health centre or community facility could be provided. Investing such receipts locally will hopefully ensure that growth is both supported and sustainable, which in turn will both enable future growth and development. The system is currently very simple and applies to most new buildings. Charges are predicated on the type and size of the new building.
Single-tier and second tier principal local authorities are able to charge and spend the levy – these are District and Metropolitan councils, London Borough Councils and Unitary authorities. Other bodies include the national park authorities, the Broads Authority, the Council of the Isles of Scilly and the Mayor of London. Charging authorities may spend receipts themselves, refer funds to other bodies (such as principal local authorities), and fund infrastructure in their area (providing that the spend supports development of the area, for example by providing strategic transport infrastructure. Charging authorities must produce a document called a charging schedule that sets out the rate or rates they will charge. Charging authorities are required to consult their residents and other interested parties in setting their rates and those rates must be supported by strong evidence - particularly concerning the financial viability of new development.
The Government’s reforms to the Levy are set out in clauses 102-103 of the Localism Bill. The changes are as follows – rebalancing the relationship between the charging authority and the independent examiner so that the elected body has the final say on how they spend the levy locally; clarifying that the Community Infrastructure Levy can be spent on the ongoing costs of providing infrastructure as well as initial costs; and requiring charging authorities to pass a meaningful proportion of receipts arising from development to other persons and organizations in relevant areas. The Bill also contains powers for Mayoral Development Corporations to become charging authorities for their area. Communities and Local Government are now formally consulting on the proposals contained as above in the Localism Bill – this consultation and its formal documents can be downloaded at - http://www.info4local.gov.uk/documents/consultations/2004948
This Communities and Local Government consultation on the Community Infrastructure Levy ends in late December and the National Association will be formally responding in due course. Since many local councils will have strong views on the Community Infrastructure Levy, the Association wants to give them the chance to inform its own formal response.
County Associations and member local councils are strongly encouraged to submit their own responses to the consultation. In order to help shape our own submission we would welcome your responses by Noon on Tuesday 13 December 2011 to [email protected].
The National Association always accepts and includes responses from individual clerks and councillors (there is no expectation that responses must simply come from councils as bodies corporate). We also understand the difficulty in submitting formal council responses, but we have to operate within both consultation timings and the deadlines of Central Government Departments.
This briefing was issued by Chris Borg, Policy and Development Manager NALC 2011
RISK ASSESMENT AND MANAGEMENT - WHITWICK PARISH COUNCIL 2011
Whitwick Risk Assessment 2011
Introduction Parish Council’s should have in place a system to help it manage risk. This system needs to be simple for the smallest parishes and more complex for the larger parish and town councils. A council’s internal auditor can use this risk management system to help identify what tests to carry out as part of the audit. Risk management is important. The failure to manage risks effectively can be expensive in financial terms and also in terms of service delivery. Most parish council clerk’s will already be assessing and managing risks in some way or other, but there may be room to improve and document existing practices. Parish council clerks are ultimately responsible for risk management because risks threaten a council’s ability to achieve its objectives. They should therefore ensure that they: Identify key risks facing the council Evaluate the potential to the council of one of these risks taking place; and Agree measures to avoid, reduce or control the risk or its consequence. Every council is different and there is no such thing as a standard list of risks. There are however a number of common themes that are likely to emerge. These might include:
Physical assets – buildings, equipment, IT hardware etc
Finance – banking, loss of income, petty cash etc
Injury to the public – in playgrounds and recreation grounds, in village halls, at burial grounds etc
Complying with legal requirements – agendas and minutes, burial records etc
Councillor propriety – declarations of interests, gifts and hospitality etc The clerk needs to consider each of the possible risks under each of the identified schemes. For example physical assets could be lost as a result of fire or flood, damaged by vandals, stolen or simply deteriorate through lack of maintenance. All these risks can be minimized or transferred by various means, such as taking out insurance, securing alarms or by regular inspection and maintenance. In addition to identifying risk it is a good idea to make a judgment about likelihood of the risk occurring and it’s potential impact. Classification need be no more complicated than high, medium or low. There are three main ways of managing risk:
Take out insurance
Work with another party to reduce the risk; or
Manage the risk yourself
RISK ASSESMENT AND MANAGEMENT - WHITWICK PARISH COUNCIL 2011
Whitwick Risk Assessment 2011
RISK AREA
POTENTIAL RISK IDENTIFIED
LIKLIHOOD OF OCCURANCE
POTENTIAL IMPACT STEPS TO MITIGATE RISK (CONTROL)
EVIDENCE ACTION (AGREED IMPROVEMENTS)
Assets Protection of physical assets
Low 1
Cost of replacing damaged, destroyed or missing assets. Loss of facilities.
The Parish Council currently controls no physical assets
No current need for buildings insurance policy.
When applicable, determine cost of rebuilding main assets and update insurance policy.
Assets Security of buildings, equipment etc
Medium 3
Cost of replacing damaged, destroyed or missing assets. Facilities out of use for a period.
Council laptop covered by all risks insurance. Regular external backup – Dell Datasafe
Current insurance policy. Review level and adequacy of insurance cover. Review effectiveness of backup system.
Assets Maintenance of buildings etc
Not Applicable
Council currently owns no buildings
Finance Banking Medium Cash flow problems. Increased potential for fraud
Regular banking and reconciliation of statements. Mandate kept up to date.
Reconciled bank statements. Current bank mandate.
Review bank mandate to ensure cheque signatories are up to date.
Finance
Risk of consequential loss of income
Low 1
. Loss of key data. Adequate level of insurance cover. Any important documents backed up, kept in locked filing cabinet.
Current insurance policy schedule. Data back up.
Review the need for consequential loss insurance cover. Storage of key documents when obtained should be in a fireproof lockable cabinet.
RISK ASSESMENT AND MANAGEMENT - WHITWICK PARISH COUNCIL 2011
Whitwick Risk Assessment 2011
RISK AREA
POTENTIAL RISK
IDENTIFIED
LIKLIHOOD OF
OCCURANCE
POTENTIAL IMPACT STEPS TO MITIGATE RISK (CONTROL)
EVIDENCE ACTION (AGREED IMPROVEMENTS)
Finance Loss of cash through theft or dishonesty
Medium 3
Adverse publicity for the council on disclosure. Reputational risk. Financial loss.
Adequate level of fidelity insurance cover, with a minimum of £10,000.
Insurance policy document Review level of fidelity insurance relevant to size/activity of council.
Finance Financial controls and records
Medium 3
Lack of control over the Council’s assets. Higher likelihood of fraud or misappropriation of assets. Ineffective reporting. Qualified internal and external audit reports.
Accounts and asset register prepared on appropriate computerised accounting system. Bank reconciliations undertaken on a regular basis. Expenditure payments approved by council. Minimum 2 council signatories on cheques.
Quarterly accounts statements. Bank reconciliation statements. Signed expenditure payments reports. Approved signatories on bank mandate.
Set up of computerised asset register and reconcile to agreed insurance values. Update asset register for all future assets purchased.
Finance Compliance with HMRC regulations
Medium 2
Penalties and/or fines for late returns, errors on submissions etc. Reputational risk and adverse publicity.
Use external advice when necessary. Submit initial VAT return when £100 reached then at least annually. Submit payroll end of year returns online, on time. Internal and external audit review.
VAT returns and workings. Payroll submission confirmations.
Ensure VAT period in the accounts is fully closed off after preparing the VAT return.
Finance Budgets supporting annual precept
Medium 2
Council receives less funding than is required to meet its obligations and objectives.
Council prepares detailed budget in late Autumn. Precept determined directly from this budget. Actual expenditure versus budget reported to Council twice a year.
Annual budget statements of council, with minuted approval. Budget versus actual statements with minuted approval.
.
Finance Compliance with borrowing restrictions
Low 1
Council acting outside it’s powers
Justification for any additional borrowing fully reviewed and approved by Council.
Internal and external audit reviews.
No new borrowing being considered at present.
RISK ASSESMENT AND MANAGEMENT - WHITWICK PARISH COUNCIL 2011
Whitwick Risk Assessment 2011
RISK AREA
POTENTIAL RISK
IDENTIFIED
LIKLIHOOD OF
OCCURANCE
POTENTIAL IMPACT STEPS TO MITIGATE RISK (CONTROL)
EVIDENCE ACTION (AGREED IMPROVEMENTS)
Liability Risk to third party, property or individuals
Medium 3
Funding cost of a successful action or claim against the Council. Reputational risk.
Public liability insurance cover (£5M).
Current insurance policy. .
Liability Legal liability as a consequence of asset ownership (e.g. burial grounds, play grounds, community centres. Parks etc)
Not applicable – no assets currently owned
Employer Liability
Non-compliance with employment law
Medium 3
Employee dissatisfaction and disputes, potentially leading to industrial tribunal.
Employer Liability Insurance. Relevant staff training and experience. Advice from relevant professional advisers and membership bodies e.g. LRALC Code of Conduct training for members
Staff qualifications and training records. Membership confirmation. Contractual arrangements with professional advisers.
Employer Liability
Non-compliance with HMRC requirements
Medium 3
Fines and penalties for late returns, errors etc. HMRC investigations.
Relevant staff training and experience. Advice from HMRC as required. Internal and external audit reviews.
Records of HMRC returns and submissions.
Employer Liability
Safety of staff and visitors
Low 1
Funding cost of a successful action or claim against the Council. Reputational risk.
Adequate insurance. Current insurance policy
Legal liability
Ensuring activities are within legal powers
Low 1
Potential reputational and financial risk.
Parish Clerk clarifies the legal position on any new proposal put before the Council. Legal advice to be taken when necessary.
Council minutes.
RISK ASSESMENT AND MANAGEMENT - WHITWICK PARISH COUNCIL 2011
Whitwick Risk Assessment 2011
RISK AREA
POTENTIAL RISK
IDENTIFIED
LIKLIHOOD OF
OCCURANCE
POTENTIAL IMPACT STEPS TO MITIGATE RISK (CONTROL)
EVIDENCE ACTION (AGREED IMPROVEMENTS)
Legal liability
Accurate and timely reporting via the minutes
Medium 3
Inappropriate or no actions undertaken. Reputational risk. Non compliance with the Freedom of Information Act
Full council meets regularly and receives and approves minutes of meetings. Minutes made available to public via the Council website.
Council minutes (hard copy and via the web)
Legal liability
Proper document control
Medium 2
Loss of key data. Confidential data compromised. Council unable to function effectively
Any key legal documents kept in locked cabinet at Clerks home. Computer backed up regularly using Dell Datasafe.
Schedule of any documents contained in locked cabinet.
Cllr Propriety
Registers of Interests, Gifts and Hospitality in place
Low 1
Conflict of interest of councilors’. Corruption
Register of Interest completed and reviewed annually. Gifts and Hospitality Register available.
This risk management paper was considered by the Council on……………………………………………………………………………………………………………….. And will be reviewed again in 12 months. Signed: ………………………………………………………………………………………………………… Position: ………………………………………………………………………………………………………… Date: ………………………………………………………………………………………………………….. Signed: ………………………………………………………………………………………………………… Position: ………………………………………………………………………………………………………… Date: ………………………………………………………………………………………………………….
Whitwick Parish Council Last updated:
ASSET REGISTER AND INVENTORY LIST
Asset ID Description
Date of
Purchase Quantity
Gross Purchase
Price
Actual or Insurance
Value Location
Land None
Street furniture None
Equipment
EQ 1 Dell Inspiron N5030 laptop computer 1 299.17 299.17 Clerk's home inc McAfee until 02/08/12
EQ2 Logitech M115 mouse 1 9.99 9.99 Clerk's home
EQ3 Computer carry bag 1 24.99 24.99 Clerk's home
Miscellaneous
MIS1 Book: Local Council Finance 1 0.00 15.15 Clerk's home
MIS2 Book: The Parish Councillor's Guide, 20th edition 1 0.00 15.95 Clerk's home
MIS3 Book: Standing Orders for Local Councils 1 0.00 25.00 Clerk's home
MIS4 Book: Local Council Administration 8th edition 1 0.00 73.50 Clerk's home
MIS5 Book:The Local Council Clerk's Guide 3rd edition 1 0.00 14.95 Clerk's home
WHITWICK PARISH COUNCIL
BANK RECONCILIATION
Cash in hand at 1.4.11 £0.00
Add Receipts £31,348.59
Less Payments £9,586.55
Balance at 03/11/2011 £21,762.04
Bank Statements:
Community (Cheque) Account £2,168.23
Savings Account £21,000.59
Less unpresented cheques £1,406.78
300.00 100021
12.26 100022
17.00 100023
618.43 100024
459.09 100025
Balance at 03/11/2011 £21,762.04
WHITWICK PARISH COUNCIL – 8 DECEMBER 2011
BUDGET 2012/13
“However carefully and thoughtfully a budget is prepared, it is impossible to foresee
every eventuality and councils are required by law to make provisions in their
budgeting for contingencies – events that may occur for which there is no certainty.”
(Local Council Finance)
This is particularly true for a new council such as this one at a time of change in local
government. While the figures given in this report are the best information we have
to date, flexibility is likely to be required as the financial year progresses and this
should be both anticipated and accepted.
The Council’s budget requirements for the next financial year can be considered
under three distinct headings –the administrative ‘costs of being in business’, adding
value to the community and use of balances/reserves.
Administrative Costs
As members will have learnt over recent months, the very existence of a parish
council incurs a number of unavoidable ‘costs of being in business’. These are
shown at a similar level to the current financial year rounded up for inflation.
A small amount has been included for equipment which might be required by the
permanent Clerk as previously discussed (phone, filing cabinet etc) but nothing has
been specifically included for establishing or equipping an office.
The major additional growth item relates to the proposed transfer of land from
NWLDC which it hoped will be completed by 31 March 2013. The Leics. and
Rutland Branch of the Association of Local Council has strongly advised that the
Parish is legally represented in this transaction. As local government law is a
specialist area, I have obtained a quotation from specialist solicitors Nicholas
Hancox (who, amongst other things, act as legal advisers to NALC) – copy attached
as confidential appendix to this report.
Recommended: That a growth item of £9000 be included to cover legal fees for
transfer of property
Adding Value to the Community
Having spent the first six months getting the Council established, finding its feet and
putting in a framework, attention must now turn towards getting things done and
having the necessary resources in place to do so. For example, if the Council is to
go ahead with any sort of community consultation/planning process, we cannot
know what community priorities for action will be identified – but the council must be
ready, willing and able to implement at least some of the ideas if such an initiative is
to be more than a paper exercise. Cash-strapped principal councils could look to
push additional services down for parish-level funding. The Parish Council has
also agreed to take over responsibility for community grants from NWLDC and so a
sum for a ‘community chest’ must also be allowed for. The sum provided by NWLDC
from Special Expenses in the current financial year was £1500 with a maximum
grant per application of £250. The Council’s aspiration to achieve Quality Council
status by 2015 will have some cost implications (eg parish newsletter) which will
need to be addressed over the next three years. The Localism Act has major
implications which will also become clearer over the coming months and could result
in the parish taking on additional work with associated financing requirements. For
example, there is no indication yet as to what funding will accompany the
responsibility for neighbourhood planning down to parish level. (Government
estimates put the cost of producing a neighbourhood plan at between £17,000 and
£63,000, and predict that around 2,000 plans will be produced in the first five years.)
A sufficiently substantial sum for such community initiatives must therefore be
allowed for if progress is to be made.
Members’ instructions are requested on the amount to be included for
community initiatives and grants
Use of Balances/Reserves
The projected expenditure to 31 March 2012 shows an underspend which gives the
Council the opportunity to identify a working balance/reserve in its accounts. All
councils should include a working balance if only to cover expenditure between the
start of the financial year and payment of the precept in two instalments by the
District Council.
It is legitimate to build up reserves over several financial years to ‘save up’ towards
an expensive project, though the Council may well have to justify this at audit and
have a specific project identified.
Balances/reserves can also double as a contingency sum towards unforeseen
expenditure.
Recommended: That the estimated cost of a contested by-election (£6500) be
earmarked as the minimum sum for reserves and a working balance.
Income
The precept is shown as the sole source of income, but the Council must remain
alive to all possibilities of attracting external grants and funding streams including
Lottery money such as the Awards for All grants and Community Infrastructure Levy
to minimise the burden on local Council Tax payers wherever possible.
Illustrative Summary Based on Zero Increase in Precept
If the Council were to retain the precept at the same level as that set by NWLDC for
the current year, this would result in the following:
Estimated balance brought forward on 1 April 2012 £14,974
Plus Precept 2012/13 £31,000
Less Administrative/legal costs £27,383
Less minimum reserve fund £ 6,500
Available for community initiatives £12.091
Phil Ellis
Interim Clerk
WHITWICK PARISH COUNCIL BUDGET SUMMARY APPENDIX 1
at 28/11/11 2011-12 2011-12 2011-12 2011-12 2012/13
Detailed
workings
NWLDC
Budget
Actual to
date
Projected to
year end Budget
INCOME
Precept £31,000 £30,998 £30,998
Interest £1 £5
VAT £0 £0 £320
Other Income (£300 grant awaited) £350 £650
TOTAL INCOME £31,349 £31,653
EXPENDITURE:
ADMINISTRATIVE COSTS
Salaries 4560 £15,000 £7,292 £11,852 £13,498
Administration £11,000 £1,900 £2,500 £3,980
Election Costs 6500 0 44
Room hire/Office Accom 2000 242 480
Equipment 1000 351 351
Printing post stationery ins & subs 1500 1307 1625
Insurance and Legal £0 £9,905
COMMUNITY INITIATIVES
Community Plan/Actions £0 £0
Quality Status £0 £0
Grants and Donations £0 £0
S137 £17 £17 £0
Localism Act £0 £0
RESERVE FUND
Contingency £5,000 £300 £2,230 £0
Notice Board (inc £238 VAT) 1430
Licence Fee 100
Erection cost 100
Clerk's Recruitement 600
Reserve Fund 0 £6,500
VAT £78 £80 £0
TOTAL EXPENDITURE £31,000 £9,587 £16,679 £33,883
Opening Balance £0
Add Projected Income 2011-12 £31,653
Less Projected Expenditure 2011-12 £16,679
Estimated balance to c/fwd to 1 April 2012 £14,974
WHITWICK PARISH COUNCIL BUDGET WORKINGS 2012/13 APPENDIX 2
at 28/11/11
2012-13 2012-13
Detail Budget Head Comments
ADMINISTRATIVE COSTS:
Salaries, inc HMRC £13,498
clerk's gross salary 13138 salary scale 30-34 (£25472 - £28636)
pay increase 0
employers NI 360 NI 'holiday' approved for new staff
Administration £3,980
Data Protection Fee 35
Website fee 325
Training - clerk 400 CILCA £150 + CICLA reg £150 + misc
Training - cllrs 550 2 courses/member @ £25 each
Printing 140
Postage/stationery 250
Mileage (for training etc) 100
Office accom/clerk's expenses 480 currently £40/month
meeting room hire 0 Consideer whether to allow 12 meetings @ £20?
telephone rental and calls 250
Equipment 500 If required for new clerk
Subs - LRALC 750
Subs - LRCC 50
SLCC membership 150
Insurance and Legal £9,905
Internal audit fee 150
External audit fee 285
Annual insurance premium 470 5% increase allowed
Legal (land transfer) 9000
COMMUNITY INITIATIVES:
Community Plan/Actions £0
Consultations
Projects Priorities identified through proposed community plan
Quality Status £0 To include newsletters etc
Community Grants & Donations £0 NWLDC allowed £1500 for grants in 2011-12
Section 137 Expenditure £0 Future uncertain
Localism Act £0
Neighbourhood Planning Detail to follow (Govt estimates at £17,000 - £63,000)
RESERVE FUND
Contingency Fund £6,500
Election Costs 6500 In case of contested election
Recruitment of Clerk 0
Land 0 eg, allotments, pending S106s
Miscellaneous 0 c/fwd from NWLDC figure
Additional Services 0 To be identified
Land 0 eg, allotments, pending S106s
Working Balance 0
TOTAL ESTIMATED EXPENDITURE £33,883
