Frequently Asked Questions

Accounts of the Parish Council

Why does the Accounting Statement for 23/24 show Staff Costs going down when in reality the financial year was an exceptionally expensive one for Clerk-related expenses? The headline page of the Annual Accounting Statement shows Staff Costs going down from £16.7k in 22/23 to £12.8k in 23/24. Yet in the Scribe accounts attached in Appendix A to the Annual Parish Meeting agenda (16th May), the total Staff Costs are shown as £25.5k. This figure was inflated by £12.5k for the Locum Clerk, a man said to be charging more than three times the hourly rate of a normal salaried Clerk. So the headline figures on the Annual Accounting Statement appear to show the Parish Council being very careful on Staff Costs in 23/24, when in fact Staff Costs for the year were exceptionally high, a regrettable state of affairs entirely due to decisions of members of the Parish Council. 'Cllr Holt explained that due to the advice of PKF Littlejohn and Scribe we are unable to show consulting fees on our statements.'

source:Minutes of the Parish Council Meeting of 7th November 2024

The chairman

Surely the proposal to introduce a Chairman's Allowance of £500 is a highly retrograde step? Background to the Question: The Parish Council has never paid an allowance to the chairman in the past. It does not need to pay an allowance to attract residents to the role of chairman. Taking the period from May of last year (when the four new councillors were elected) to the present date, the current chairman attended only 75% of the eight parish council meetings, the four EHT meetings and the eight planning meetings. My belief is that such an allowance would be taxable under the PAYE system. It makes sense to stick instead to a reimbursement scheme for councillor's allowable expenses. There seems to be a misunderstanding of the uses and purpose of a chairman’s allowance. The chairman’s allowance is a recognised tool to allow for contingency budget to be set aside for a spend that the chair and council think is appropriate and has been used by the CPC in the past for these purposes. The council vote on its allocation and it certainly is not a payment TO the chairman but a piece of budget set aside for discretionary purposes for the council to spend on whatever project that they view has a benefit to Claygate. In terms of repeated comments on appointment of a locum clerk in 2023. The clerk was paid a standard rate that is the going rate in the market for locum clerks. The chair of staffing has no right to act on their own and every member of the staffing committee was consulted on that appointment. Ron’s appointment was made by the Council as a whole on 29th June 2023, not just by every member of the staffing committee, the staffing committee simply recommended his appointment. It is 18 months since this matter was dealt with and also having been discussed in questions before it is being brought up yet again so it has now been dealt with exhaustively. In terms of comments regarding the Chair’s attendance in 2024 we have no comment other than to say that the Chair was not aware of the new considerable responsibility that she would need to take on in 2024 before she booked a number of personal commitments, so she does find the comment on her attendance throughout 2024 somewhat offensive. Especially as this is an entirely voluntary role.

source:Meeting of the Parish Council 9th January 2025 Minutes

Claygate the Way Forward

Is the Parish Council happy with the direction and progress of the “Claygate the Way Forward” project? Will it deliver what residents said they want? Background to the Question: The CVA spent over £4,000 on a survey conducted and published last year to determine what Claygate residents wanted, which turned out to be—summarising from the 'Survey Highlights' of the report—something like: More Housing housing development on village brownfield sites not on Green Belt private housing with 1-3 bedrooms affordable housing Use of Torrington Lodge Car Park at least partially for parking for a supermarket as a fitness centre for housing for a health centre Parking first hour of use free 'Shopping an additional supermarket a hardware shop a delicatessen a village market Travel Extend the K3 route to Coverts Rd and Holroyd Rd Cut speeding Healthcare an NHS dentist Community a support hub The survey report also included a series of 'recommendations' and 'emerging ideas', many of which pre-dated the report. (The Working Groups were established in the second half of the previous year.) Some of these recommendations and emerging ideas—for example, 'develop a collective website for Claygate'—have not been put to the residents of Claygate. Nor is there any certainty that implementing the recommendations and emerging ideas will lead to the fulfilment of what residents said they wanted. Given what has happened since, the general impression is that CPC and its working groups have focussed largely on the 'recommendations' and 'emerging ideas', and achieved very little of what respondents actually said they wanted. Indeed the only clear victory from the list above has been the village market, which was organised by someone from outside those groups. So is the purpose of Claygate the Way Forward to give residents what they said they want, or is it to implement the 'recommendations' and 'emerging ideas' in the report? ' Yes, the council is happy with progress and the initiative will deliver the recommendations in the report as was the intention of the project. Updates come into the council via the working groups and progress is therefore transparent through the council minutes. Progress is however subject to many dependencies and it will take time to implement many of the recommendations in the report. Especially as a consultation is due this first half of 2025. Please note that it is the recommendations in the report that will be implemented, not what was voted for in the survey as the most popular choice of shop. Many of the points this question makes focus on the types of shops wanted by people responding to the survey however local councils have no powers to implement specific types of shop that residents wish for.

source:Meeting of the Parish Council 9th January 2025 Minutes

Data Protection

Can the Parish Council keep a record of the names and addresses of residents? Only if the Parish Council fully complies with data protection law. (It should not, for example, import a subscriber database compiled by the CVA, because those subscribers sent in their contact details in order to receive the CVA newsletter—they did not sign up to be contacted by the Parish Council.) 'The personal data the Parish Council holds must, for example, be: • Used lawfully, fairly and in a transparent way. • Collected only for valid purposes that the Parish Council has clearly explained to residents and not used in any way that is incompatible with those purposes. • Relevant to the purposes the Parish council has told residents about and limited only to those purposes. • Accurate and kept up to date. • Kept only as long as necessary for the purposes the Parish Council has told residents about.'

source:https://www.cogenhoeandwhiston-pc.gov.uk/general-data-protection-regulati

Elmbridge Council's Duties

Can the Parish Council persuade Elmbridge to print and deliver Dustbin Collection calendars for every Claygate household? If not, can CPC print and deliver these itself? In my opinion, the printed bin collection card was the most useful publication that Elmbridge produced. The calendar is available online, but not every Claygate household has access to the Internet and a printer. (And it has to be a colour printer too, because many people would have difficulty distinguishing the shaded areas of a monochrome version.) In the view of the chair this question has some merit as it recognises a positive action that can be taken - perhaps issuing the bin schedule with the Courier and therefore allowing those who need it access to a paper copy. The council will table this question for discussion in the February meeting.

source:Meeting of the Parish Council 9th January 2025 Minutes

Expenses

Can Councillors claim expenses for refreshments consumed during meetings? Yes. 'It is appropriate to accept normal expenses and hospitality associated with your duties as a councillor.'

source:Code of Conduct for Claygate Parish Council

Filming Parish Council Meetings

Can a resident video a public meeting and place the content on social media? Yes. 'Under the Openness of Local Government Bodies Regulations 2014, filming, photographing and making an audio recording of all public meetings is permitted. Any person who attends a meeting of a relevant local government body for the purpose of recording and reporting on the meeting may use any communication method - including the internet - to publish, post or otherwise share the results of their reporting activities, provided it doesn’t disrupt the conduct of the meeting.'

source:Norwich City Council: Guidance on filming and recording meetings

Governance

What are the terms of reference of the five working groups appointed by CPC at its meeting of 15th August 2025? These bodies, to use a neutral term, were appointed under Standing Order 4: see the agenda of 15 August https://www.claygateparishcouncil.gov.uk/2024_Meetings.aspx items 12 and 13. So they are Advisory Committees, appointed by the Council under SO 4(c), and their powers are set out in SO 4(d). However in law they are Sub-Committees - see section 102 of the Local Government Act 1972, and in particular s.102(4) https://www.legislation.gov.uk/ukpga/1972/70/section/102 - which is why the heading of SO 4 is COMMITTEES AND SUB-COMMITTEES, and SO 4(a), (b) and (c) are in bold type because they reproduce statutory provisions in section 102 and cannot therefore be amended by the Council. But there is nothing wrong with describing these Committees as Advisory Groups, or Working Groups, or Working Parties, so long as we remember what their formal titles and powers are when this is necessary. So, in a word: they ARE Sub-committees of the Council; their proper NAME is Advisory Committee; in practice they can be called anything useful, so long as it is clear what is being referred to. If someone refers in a Council meeting to the Working Group on Housing, those words can be used in the minutes, so long as it is clear that this is a reference to the New Development and Housing Advisory Committee set up by the Council on 15 August 2024 under SO 4. Nor do these committees need terms of reference albeit if they wish to put some in place we can work with them to do this.

source:Meeting of the Parish Council 9th January 2025 Minutes

Motivation

What motivates Claygate residents to stand for office as a parish councillor? It is hard to generalise. Perhaps some are seeking status within the community; with others seeing it as an enhancement to their CV or a stepping stone towards higher things. The standard interview answer is that the individual wants “to do some good” or “put something back into the community”. In practice, disillusion sets in: no-one who has served a complete term of office on the parish council has stood for a second consecutive term, unless they have aspired to a higher tier of local government. '.'

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Planning Applications

Who decides whether to approve a planning application? Either an Elmbridge Planning Officer or the Elmbridge East Area Subcommittee. 'Householder applications will only be decided by East Area sub-committee if referred by an [Elmbridge] ward councillor or if they are on behalf of members, the council or officers of the council; otherwise, even if there are objections from 15+ households, or from CPC, the application will still be decided by a planning officer.'

source:Michael Collon's note for the Planning Committee, contained in Appendix 2 of the Agenda of the meeting held on 15th August 2024

Role of the Planning Committee

The East Area Planning Committee has cancelled its last three monthly meetings. So why is our Planning Committee still meeting monthly, given the escalation of matters to East Area is its primary goal? The Parish Council is a consultee on most types of planning applications. If we abandoned our cycle of monthly meetings and then a seriously undesirable application came in, we would have to rush round and arrange a special meeting, with a risk of difficulties finding a date and then missing EBC's deadline for comment. ' Things are quiet at present, but once EBC get going with rewriting the Local Plan, we will probably have to plenty to do. Please note that the main planning committee of EBC is not the same as East Area and our sole purpose is not only to feed East Area with objections. We also feed the main planning committee with important local views via direct feedback to the specific planning officer concerned. In order to respond within EBC's time frame, we need to meet monthly. On the question of costs to taxpayers, the only costs involved in these meetings are room hire and the cost of the clerk.'

source:Answer to question from a member of the public, 9th January 2025

Referrals to the East Area Planning Committee

Gil Bray (GB) enquired as to whether the Council would consider allowing CPC to be able to refer household applications to the East Area Planning Sub-Committee if they had concerns. SP confirmed that this was a constitution amendment issue and would need to be considered in light of the Government’s Planning Reform Working Paper Planning Committees. SP stated that the Government’s aim was to see more applications determined under delegated authority and that her concern was that CPC’s request would go against this grain. DH and GB said that the numbers were few and this would also give greater scrutiny. SP said that the Council stands by the planning decisions it makes but that if there were an error, the option would be for the Council to seek a Judicial Review of its decision. GB said that some referrals were decided on technical data but said that there were others whereby a judgement call decision was required. SP confirmed that no decisions were ever made by single officers, and that more complex cases were taken to a Development Management Case Review Panel where at least 10 Planning Officers, on average, would listen to the case. In addition, that case officer reports were signed off by team leaders and the Planning Development Manager/Head of Service where required/appropriate. SP said that it was important to have the collaboration, even if there was not total agreement, but that it would be useful to have continued dialogue. Cllr Alex Coomes (AC) said, he, as Chair of the East Area Planning Committee, would appreciate the continued support from Claygate Parish Council regarding any details they would have, if a planning application were refused, as this could prove invaluable in the appeal process.

(extract from EBC-CPC liaison meeting, 3rd February 2025, item 6)

Why not give our Planning Committee responsibility for Parish Council Finance? This Committee deals with town planning, not business or corporate planning, so combining it with Finance would not work. Some town councils, with much larger budgets and wider responsibilities, have a dedicated finance committee, but so far our budgeting and finance is simple enough not to need that. If, as a result of government moves to abolish borough/district Councils, we acquired significantly greater responsibilities, we would probably need to review how we manage our finances. 'In terms of budget planning the responsibility is spread across the full council. The full council met to review a draft budget and the full council are meeting this month to approve a budget. This works well; budgeting via a separate finance committee would simply mean all the paperwork having to be formally reviewed twice for no real benefit. We doubt it is practical to plan for grants in the way suggested. The processing of these applications is not onerous and grants have been dealt with this way for many years without issue.'

source:Answer to question from a member of the public, 9th January 2025

Quorums at Meetings

What is the quorum for a meeting of the Parish Council? Three. 'No business may be transacted at a meeting unless at least one-third of the whole number of members of the Council are present and in no case shall the quorum of a meeting be less than three Councillors'

source:Standing Orders 3(v)

What is the quorum for a meeting of the Planning Committee? Three. 'The Council may appoint standing committees or other committees as may be necessary, and: viii. shall determine the place, notice requirements and quorum for a meeting of a committee and a sub-committee which, in both cases, shall be no less than three;'

source:Standing Orders 4(d)viii

What is the quorum for a meeting of the Environment, Highways and Transport Committee? Three. 'The Council may appoint standing committees or other committees as may be necessary, and: viii. shall determine the place, notice requirements and quorum for a meeting of a committee and a sub-committee which, in both cases, shall be no less than three;'

source:Standing Orders 4(d)viii

Secrecy

Can the Parish Council exclude the public from a meeting? In general, no. 'All meetings of an executive including meetings of its committees or sub-committees must be open to the public, except in limited defined circumstances where the national rules require or allow the meeting to be closed to the public. The public can be excluded from individual items of business at a meeting. There are exceptions relating to when a meeting can be closed to the press and the public. These exceptions are when sensitive issues, such as legal, contractual, or staffing matters are discussed; in these cases, the council can agree to exclude the press and public from that single item of business. As a rule of thumb, the council should conduct as much of its business as possible with the public present, to ensure it is as transparent as possible.'

source:The Good Councillor's Guide 2024 and https://assets.publishing.service.gov.uk/media/5a7b7e2fed915d1a79023a21/Your_councils_cabinet_-_going_to_its_meetings_seeing_how_it_works.pdf

The work of the Parish Clerk

Can the Chair of the Parish Council direct the work of the Clerk? No. 'The employment arrangements for the clerk are unique to the local council sector, in that the clerk is employed by the whole council and is only answerable to the whole council, not to individual council members. The clerk is not a secretary and is not at the disposal of the chair or any of the councillors.'

source:The Good Councillor's Guide 2024

Why are the Salary and NI for the Clerk increasing so dramatically (from £16,000 to £23,000) in 25/26 when the number of Parish Council meetings is being cut from 13 in previous years to eight this year? It became clear following the departure of the previous Clerk that the role required more hours than the hours we had allocated. Our first clerk had managed this by taking time off in lieu instead but we viewed that approach to not be sustainable. In addition the salary for clerks rose in line with national pay scales in October 2023. NI is actually not a factor give the clerk is our only employee we should be able to claim relief for part if not all of the additional NI under the new rules.

source:Meeting of the Parish Council 9th January 2025 Minutes

Not yet put

Profligacy

Can the Parish Council give away taxpayers' money?

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Powers

What are the limits on the Parish Council's powers?

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