Appendix 1 - Planning
Royal Borough of Windsor & Maidenhead Council will:
- Where the Parish Council has indicated in writing it wishes to be consulted, consult Parish/Town Councils on all planning applications within the relevant Parish area.
- Allow 28 days for the submission of representations by Parish/Town Councils.
- Notify Parish/Town Councils of any significant amendment to a planning application and allow a further period for representations to be made before a decision is taken on the amended plan where it is considered material by Officers. (Significant amendments are those considered by the case officer to materially affect the planning application to the extent re-consultation is required, but not to require a new application).
- Report the views of Parish/Town Councils in Officer Reports, either at the relevant Development Management Panel or applications considered at a delegated level, whichever is relevant in accordance with the Council’s scheme of delegation.
- Notify Parish/Town Councils of all planning decisions within the relevant area.
- Notify Parish/Town Councils that applications on which representations have been made by them are coming to panel.
- Allow a Parish/Town Council representative to address the panel providing he/she has registered to speak in line with the process and the parish has made comments on the application.
- Provide confirmation of receipt of Planning Enforcement enquiries, indicative likely timescales for investigation, updates on progress when requested and information on final outcomes, acknowledging that Enforcement resources are limited and they will be allocated to higher priority cases first as set out in the Enforcement Policy.
- Provide periodic training courses for local Parish/Town Councillors and/or Parish/Town Clerks to aid an understanding of the planning process and the matters, which have a material bearing upon the determination of a planning application.
Parish/Town Councils will:
- Acknowledge that the Borough will not always agree with matters contained in Parish/Town Council planning representations and may come to a different conclusion on applications.
- Respond promptly to all planning applications received from the Borough.
- Comment on planning applications on planning grounds, and specify as fully as possible the planning reasons for an objection to, or support for, a particular application.
- Create a mechanism whereby the Parish/Town Councils can respond to any amended plans received from the Borough.
- Assist the Borough by reporting local breaches of Town and Country Planning Legislation. Attend meetings, briefings and training to gain a better understanding of the planning process.
Appendix 2 - Information technology
Greater usage of technology by the Borough and the parish/town council is guided by:
- Co-operation to provide joined up government for residents and businesses.
- Utilisation of digital/electronic methods of circulation to minimise delay and reduce paper wherever practicable.
- The acknowledgment that access to the Borough’s internal intranet will not be available to Parish/Town Councils for reasons of confidentiality and data protection, however methods for greater information sharing will be explored.
Appendix 3 - Financial arrangements
The financial arrangements between the Royal Borough of Windsor & Maidenhead Council and the Parish/Town Councils should be governed by the principles which are, in effect, among those underlying the concept of Best Value including fairness, simplicity, transparency and accountability.
Double Taxation
Double taxation is where residents in certain local council areas are paying twice for various public services. It can happen because many local services are 'concurrent functions' - that is, they can be managed and delivered by either a Parish/Town Council or the Council. All Local Councillors have a legal duty to act in the best interests of their taxpayers. With an ever-greater emphasis on localism, the potential for double taxation may increase.
Therefore, the parties to this Charter agree to work together to investigate areas of double taxation with a view to agreeing a mechanism to address or eliminate them in the interests of fairness and accountability for all council tax payers.
Notwithstanding the above, it is acknowledged that Parish/Town Councils may use their precepting powers to enhance the standard of services which would otherwise be provided.
Similarly, the Council may do so in non-parished areas utilising the 'Special Expenses' mechanism.
Parish Equalisation Grant
It is acknowledged that the Council provides a compensating grant to Parish/Town Councils as part of its Council Tax Support Scheme. It is agreed that, in accordance with Central Government guidance, the parties will work collaboratively together if any changes to this support funding are to be considered.
Appendix 4 - Democratic representation
Dual Hatted Members
It is recognised that ‘Dual-Hatted Members’ (i.e. a Councillor that is both a Member of the Borough and Parish/Town Councils) may encounter factors that impact upon their ability to fully represent their electors.
Such factors may include:
- Clarity for electors with regards to whether direct communication is with a Borough or Parish/Town Councillor.
- Perception of impartiality.
- Potential for restricted participation due to a required confidentiality from either Council.
- Potential for conflicts of interest between the Councils.
Therefore, notwithstanding the applicable electoral legislation, the parties to this agreement shall not actively encourage dual membership of Councils.
Engaging in Local Government
Participation at elections has traditionally been comparatively low, whilst many factors may influence this, better communication may be beneficial. Therefore the parties to this agreement will work together to produce a plan to actively promote and encourage increased participation in Local Government.
Unparished Areas
To assist with the expansion of democratic representation to areas currently unparished, Parish/Town Councils will assist the Council in promoting the creation of new Parishes within the Borough.
Appendix 5 - Charter implementation, monitoring and review
Mechanism
This Charter shall be deemed to be operative once signed by the relevant parties following adoption by formal resolution at each Council’s respective meeting. Thereafter to be reconfirmed at the Annual Council meeting of the parties following each ordinary election (usually every four years). All parties to this agreement shall place a copy of the current Charter on its public website.
Monitoring and review of this Charter is an essential element of its effectiveness for all parties, therefore a Charter Working Group (CWG) shall be tasked with undertaking a periodic review. It is agreed that the following mechanism will be followed:
- The first meeting of the Parish Conference following the start of the municipal year shall agree the membership of the CWG (such membership to include, as a minimum, 1 x Parish/Town Councillor, 1 x Parish/Town Council Officer, 1 x Borough Councillor and 1 x Borough Council Officer)
- All parties to this agreement will be invited to submit comments regarding the operation of the Charter as well as suggested amendments/additions to the CWG by 31 August each year.
- The CWG will meet in September to consider all representations, reporting its findings and recommendations to the next meeting of the Parish Conference. For clarity, the CWG is not expected to resolve specific disputes, its role is to assess the effectiveness of the Charter, its operation and relevance as well as considering improvements.