Time for community governance reviews cut in boost to new parish councils

The time that local authorities can take to decide on applications to set up new town and parish councils will be reduced to a maximum of a year, under measures unveiled this week by the Government.

The Department for Communities and Local Government – in its response to the ‘Making it easier to set up a town and parish council’ consultation – said it recognised concerns that a more drastic reduction [in the time for a community governance review] would have a negative impact on principal authorities' ability to carry out more complex reviews thoroughly.

"[The Government] feels that that this reduction achieves the right balance between pace and thoroughness," it said.

The DCLG also said it would:

• Cut the number of petition signatures required to start the new parish creation process via a community governance review from 10% of the local area population to 7.5%. The proportion will be set higher for local areas with smaller electorates, in line with current arrangements;
• Make it easier for community groups that have created a neighbourhood plan to kick-start the process. The need for these groups to produce a petition will be scrapped. However, "in respect of concerns that forums are not sufficiently representative of local communities, this proposal will require that the forum has produced a neighbourhood plan which has been passed by a referendum of the local electorate before it can trigger a community governance review; and (in advance of that happening) the forum can test support for having a parish council with the community. Also, while the forum would have the right to initiate a governance review, the review will itself test public support and the decision on the review remains with the local authority."
• Amend guidance to address the interpretation of the concepts of 'effectiveness' and 'convenience' in a community governance review and give weight to the perspective of the community in the interpretation of these concepts. "Responses in the consultation were not sufficiently strong to justify a change of the law in this regard but addressing the issue in guidance will enable a flexible approach."
• Amend guidance to recommend that the local authority sets out how the process can fit with the electoral cycle.
• Amend guidance to recommend that local authorities have an appropriate internal review process on request, but not seek to establish a right of appeal for campaigners.

The DCGL said it would also provide support to the National Association of Local Councils (NALC) and County Associations of Local Councils to help campaigns for new town and parish councils.

The Department – which said it would shortly commence the Legislative Reform Order process with the intention of implementing the changes within the next 12 months – highlighted how only a third of the population was currently represented by a parish council, with very few found in urban areas.

The Queen’s Park Community Council will be the first in London in 50 years when elections take place in 2014.

Local Government Minister Don Foster said: “Parish councils are a fundamental part of our local democracy, giving the people who live within a community, direct powers to run their local services. For too long the power of the parishioner has only been exercised by people who live in the countryside.

“Many of our bustling towns and cities would benefit from the neighbourliness and local insight of the parish perspective so today I’m making it easier for people, wherever they live, to close up the democratic gap in their own community by creating their own parish council.”

He added: “The process for creating parishes will continue to be robust, with the local authority retaining the power to decide whether a new parish should be set up. The difference for campaigners and local councils will be a far easier, quicker and more democratic process.”

Cllr Ken Browse, chairman of NALC, said: “As champions for local councils and communities, we are delighted to support the positive steps in the direction of the government’s response on making it easier to create new local (community, parish, neighbourhood or town) councils - in previously un-parished areas.

“We believe that this is right considering the overwhelming response from people, communities, and local government to make the process of creating new local councils quicker, easier to understand and initiate. We particularly note and welcome the Government’s focus on supporting the creation of new parish councils in previously un-parished urban areas.”