Parish Councils and their Powers

Local Government in England stems from a succession of legislation that commenced in 1834 with the Poor Law Amendment Act. At the time there was general consensus that, in many instances, the self elected medieval corporations were not acting in the best interests of the local population, corruption being a real problem. Various Acts were introduced between 1835 and 1899 to resolve the situation. The Local Government Act of 1894 revived the role of Parish Councils although their powers were, and remain, limited.

Today there are about 8,700 parish and town councils in England covering 30% of the population and responsible for a budget of £493m. That equates to an average of £20 for every parishioner. Individual budgets vary from £100 to over £1million. 

Parish Council Powers

There are some 25 Acts of Parliament conferring, directly or indirectly, various powers on Parish Councils. The Enclosure Act of 1845 is the earliest and relates to the regulation and management of common pastures. 

The powers of Parish Councils include:

• The maintenance of a village green or other common space or pasture.
• The maintenance and protection of war memorials. 
• The provision of allotments, including the duty to provide allotments if demanded by parishioners.
• The acquisition, provision and maintenance of cemeteries and the maintenance of closed church yards. 
• The provision of bus shelters, public clocks, buildings for public meetings, community centres and facilities for sports, recreation and social events.
• The provision and maintenance of street lighting, roadside verges (including tree planting), litter bins, car parks, public conveniences, public seating, and some traffic signs.
• The maintenance of rights of way, ponds, ditches, public footpaths and bridle-ways.
• The right to appoint school governors.
• The right to be notified of planning applications.
• The passing of bye-laws in relation to open spaces, cemeteries, cycle parking and pleasure grounds.
• The provision of public entertainment and support for the arts.

A full list of the acts of Parliament and powers that apply to Parish Councils can be found at the web site of the National Association of Local Councils, http://www.nalc.gov.uk/powers.html.

The Future

Currently there are is a move to increase the quality, level of influence, and powers of Parish Councils. In 1997 they were given the power to to provide community transport, traffic calming and crime prevention measures.  The process of modernisation started with the White Paper, Modern Local Government - In Touch with the People published in 1998. Since then there have been several other White Papers, consultation documents and guidance notes, including, Modernising Government (1999), the introduction of Best Value, the Local Government Act 2000, a new ethical framework for parish councils and the White Paper, Quality Public Services (2001). 

The latter sets out the way forward for parish councils and includes several important proposals, including:

• Increasing the amount a parish council can spend on projects for the general benefit of the community from £3.50 to £5 per parishioner.
• Changing the way the system for approving borrowing operates to create more certainty that money will be available to parish councils.  
• The ability to participate in business improvement district partnerships.
• Introducing the authority for parish councils to pay bills using electronic means. 

There has also been changes to the level of scrutiny applied to smaller parish councils and a consequential reduction in audit costs. This change is supported by training for parish councillors and codes of conduct.  

Planning Applications

One area that is often of concern to parishioners is the problem of what are considered to be inappropriate developments in the area. Under current planning rules the Parish Council only has the right to be informed of planning applications. It has no direct powers to effect planning decisions, it can only influence.  The whole planning process is currently the subject of a major review, but there are no specific proposals to give parish councils any real powers. There level of influence and role in the process should be enhanced but the decisions will remain in the hands of the county and district councils.

The way parishioners can influence the process is by using the legislative framework to their advantage. By producing a village design statement and having it approved as supplementary planning guidance parishioners can ensure any developments that do take place are in keeping with the local environment.