Frequently Asked Questions

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

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

Profligacy

Can the Parish Council give away taxpayers' money?

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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

Powers

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

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Expenses

Can Councillors claim expenses for refreshments consumed during meetings?

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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