MEETINGS
1. Meetings of the Parish Council shall be held at an appropriate public place in Cranmore at 7.30 p.m. unless the Council otherwise decides at a previous meeting or if an Additional Meeting is called to discuss a Planning Application.
2. The Statutory Annual Meeting (a) in an Election year shall be held on the Tuesday next following the day of Elections to the Council and (b) in a year which is not an election year, shall be held on a Tuesday in May as may be approved by the Council in accordance with their programme of meetings fixed until the next Standing Order. The Council must meet on at least three other occasions in the year to comply with the Local Government Act 1972.
3. Meetings of the Council shall normally be held at monthly intervals throughout the year on Tuesdays, with the exception of August and in accordance with a programme approved at a Council Meeting, unless the Council decides otherwise at least one month in advance.
4. Five clear days before a meeting, Notice of its time and place must be posted in a conspicuous place in the parish or community. (If the meeting is being called by Members of the Council, they must sign it, and in addition, it must specify the business to be transacted). In addition, three days before the meeting, a summons (i.e. the Agenda) specifying the business to be transacted and signed by the Proper Officer, must be sent to each Member.
PROPER OFFICER
5. Where a statute, regulation or order confers functions or duties on the Proper Officer of the Council in the following cases, he/she shall be the Clerk:-
a. To receive declarations of Acceptance of Office.
b. To receive and record notices disclosing personal and prejudicial interests.
c. To receive and retain plans and documents.
d. To sign notices or other documents on behalf of the Council.
e. To receive copies of byelaws made by the Parish/Town/District Councils.
f. To keep proper records for all Council meetings.
g. In any other case, the proper officer shall be the person nominated by the Council and, in default, the
Clerk.
QUORUM
6. A Half of the membership (three Members) of the Council shall constitute a Quorum.
7. If a quorum is not present when the Council meets or if, during a meeting the number of Councillors present falls below the quorum, the meeting shall be abandoned and the business not transacted at that meeting shall be transacted at the next meeting or on such other day as the Chairman may fix.
8. On occasions between Council meetings when urgent action is required, the Clerk, in consultation with the Chairman of the Council (or the Vice Chairman in his absence) shall be authorised to take appropriate action, subject to a report on the matter being referred to the next Parish Council meeting.
VOTING
9. Members shall vote by a show of hands, or if at least two members request, by signed ballot.
10. If a Member so requires, the Clerk shall record the names of Members who are present at the vote on any questions so as to show whether they voted for or against it or abstained. Such request must be made before the vote has been taken.
11. Any Member may request that his individual vote be recorded in the minutes.
12. (a) Subject to (b) and (c) below, the Chairman may give an original vote on any matter put to the vote and in any case of an equality of votes he may give the casting vote, whether or not he gave an original vote.
(b) If the person presiding at the Annual meeting would have ceased to be a Member of the Council but for the statutory provisions which preserve the membership of the Chairman and Vice-Chairman until the end of their term of office, he may not give an original vote when there is an equality of votes in an election for Chairman.
(c) The person presiding must give a casting vote whenever there is an equality of votes in an election for Chairman.
ORDER OF BUSINESS
13. At each Annual meeting the first business shall be:-
a. To elect a Chairman.
b. To receive the Declaration of Acceptance of Office, or if not then received, to decide when it will be received.
c. In the ordinary year of election of the Council to fill any vacancies left unfilled at the election by reason of
insufficient nominations.
d. To decide when Declarations of Acceptance of Office and undertakings to observe the Code of Conduct adopted by
the Council, which have not been received as provided by law, shall be received.
e. To elect a Vice-Chairman.
f. To inspect (if required) any Deeds and Trust Instruments in the custody of the Council.
g. To appoint representatives to advisory committees and outside bodies.
h. To receive a financial position statement of the Council.
14. At every meeting other than the Annual meeting, the first business shall be to appoint a Chairman if he shall be absent (usually the Vice Chairman) and to receive any such Declarations of Office and undertakings to observe the Council's Code of Conduct (if any) as are required by law to be made, or if not then received, to decide when they shall be received.
15. After the first business has been completed, the order of the business, unless the Council otherwise decides
on the grounds of urgency, shall be as follows:-
a. Apologies for Absence.
b. Declarations of Members Interests.
c. Minutes:-
i. To read and consider the Minutes; provided that a copy has been circulated to each Member not later than the
day of issue of Agenda of next meeting, the Minutes may be taken as read.
ii. Signature of minutes by person presiding over meeting, after any corrections if necessary, to signify that
they are a correct record.
d. Matters arising from the Minutes - to deal with any unfinished business from the previous meeting.
e. Jill's Close
f. Planning applications - to make observations on current development control matters.
g. SALC
h. Correspondence - to deal/make comment on that received.
i. Accounts for payment - seek approval of accounts and authorization for signature of cheques by two Members
of Council.
g. Other items - placed on Agenda as required provided notified to Clerk at least six days before next meeting.
h. Chairmans Urgent matters for consideration - can be considered on grounds of urgency and decision required
before next meeting.
WORKING PARTIES
16. The Council may at any time appoint a Working Party. This will consist of a group of Councillors who are appointed to enquire in detail into a particular subject and report back. The Working Party may consult with non-council members. A Working Party shall have not executive powers.
CONDUCT OF BUSINESS
17. The conduct of each item of business on the Agenda shall be by way of discussion and this discussion will normally end with the submission of a resolution and vote upon it.
18. During the discussion, Members shall indicate their desire to speak and shall address the Chair.
19. If two or more Members start to speak simultaneously to signify their wish to do so, the Chairman shall call on one of them to speak and the others shall be silent.
20. Whenever the Chairman speaks during a discussion, all other Members shall remain silent.
21. The ruling of the Chairman on all matters shall be accepted; but a Member shall have the right to
move without notice a resolution to the effect the:
"This Council has no confidence in the Chair"
If seconded, this resolution shall supersede all other business and shall be voted on without discussion.
If the resolution is passed the Chairman shall immediately vacate the Chair and the next business of the Council
shall be to appoint a new Chairman for the meeting.
RESOLUTIONS
22. Resolutions shall be moved without notice on the following matters:-
a. To appoint a Chairman for the meeting.
b. To correct the Minutes. Discussion on this resolution shall be confined to the matter of the accuracy
of the Minutes.
c. To approve the Minutes.
d. To alter the order of business.
e. To proceed to the next business.
f. To adjourn the consideration of the matter under discussion.
g. To refer a matter to a current Working Party.
h. To authorise the sealing of a document.
i. To adopt a report.
j. To amend a motion.
k. To give leave to withdraw a motion or an amendment.
l. To exclude the press and public (see Standing Order No 43)
m. To silence or eject from the meeting, a Member named for misconduct.
n. To apply the closure to a discussion, under the terms of Standing Order No
THE MOVING OF RESOLUTIONS AND AMENDMENTS TO THEM
23. A resolution or an amendment shall not be discussed unless it has been proposed and seconded.
24. If the Chairman so decides, the matter of an amendment shall be reduced to writing and handed to him before it is further discussed or put to the meeting.
25. An amendment shall be either:
i. To leave out words;
ii. To leave out words and insert or add others;
iii. To insert or add words;
and shall not have the effect of negating the motion before the Council.
26. If an amendment be carried, the resolution as amended shall become the substantive motion upon which any further amendment must be based.
27. A Member may with the consent of his seconder, move amendments to his own resolution.
28. A motion or amendment may be withdrawn by the proposer with the consent of the seconder.
29. When a resolution is under discussion, no other resolutions shall be moved except those contained in Standing Orders No 22 sub para's e, f, g, j, k, l, m and n.
CLOSURE
30 a. At the end of any speech a Member may, without comment, move "That the question be now put", "That the
discussion be now adjourned" or "That the Council do now adjourn". If such a motion is seconded and if the Chairman
is of the opinion that the question before the Council has been sufficiently discussed, but not otherwise, he shall
forthwith put the motion.
b. If the motion "That the question be now put" is carried. The Chairman shall call upon the mover of the
resolution under discussion to exercise or waive his right of reply and shall put the question immediately after the
right has been exercised or waived. The adjournment of a discussion or of the Council shall not prejudice the mover's
right of reply at the resumption.
DISORDERLY CONDUCT
31 a. All Members must observe the Code of Conduct adopted by the Council.
b. No Member shall at a meeting persistently disregard the ruling of the Chairman, wilfully obstruct business,
or behave irregularly, offensively, improperly or in such a manner as to bring the Council into disrepute.
c. If in the opinion of the Chairman, a Member has so conducted himself, the Chairman shall express that opinion
to the Council and thereafter any Member may move that the Member named shall be no longer heard or that the Member
named leave the meeting; and the motion seconded, shall be put forthwith and without discussion. If a Member
reasonably believes another Member is in breach of the Code of Conduct, that Member is under a duty to report the
breach to the Standards Board for England.
d. If either of the motions in para (c) is disobeyed, the Chairman may suspend the meeting or take such further
steps as may reasonably be necessary to enforce them.
RIGHT OF REPLY
32. a. The mover of a resolution shall have the right to reply immediately before the resolution is put
to the vote.
b. If an amendment is proposed the mover of the amendment shall be entitled to reply immediately before the
amendment is put to the vote.
c. A Member exercising the right of reply shall not introduce any new matter.
d. After the right of reply has been exercised or waived, a vote shall be taken without any further discussion.
REVERSAL OF PREVIOUS RESOLUTION
33. A decision (whether affirmative or negative) of the Council shall not be reversed within six months save by a special resolution, the written notice whereof bears the names of at least one third of the membership.
VOTING PROCEDURE OF APPOINTMENTS
34. Where more than two persons have been nominated for any position to be filled by the Council and of the votes given there is not an absolute majority in favour of one person, all but the top two candidates shall be eliminated before the second ballot.
DISCUSSIONS AND RESOLUTIONS AFFECTING EMPLOYEES OF THE COUNCIL
35. If, at a meeting, there arises any question relating to the appointment, conduct, promotion, dismissal, salary or conditions of service of any person employed by the Council, it shall not be considered until the Council has decided whether or not the public shall be excluded (see Standing Order No 43)
RESOLUTIONS ON EXPENDITURE
36. a. Any motion which, if carried, would in the opinion of the Chairman, substantially increase the
expenditure upon any service which is under the Council's management, reduce the revenue or which would involve
capital expenditure, shall, when proposed and seconded, stand adjourned without discussion to the next ordinary
meeting of the Council.
b. Orders for the payment of money shall be authorised by resolution of the Council and be signed by two
Councillors.
c. The Council shall consider and approve Financial Regulations to include arrangements made for the placing
of orders, the payment of accounts, the work of the Internal Auditor, procurement policies, tendering processes
to be followed and the placing of contracts and execution of works.
SEALING OF DOCUMENTS
37. a. A document shall not be sealed on behalf of the Council unless its sealing has been authorised by a resolution.
INTERESTS
38. a. If a Member has a personal Interest, as defined by the Code of Conduct adopted by the Council,
then he shall declare such Interest as soon as it becomes apparent, disclosing the existence and nature of that
Interest as required.
b. If a Member has declared a personal Interest then considers the Interest to be prejudicial, he must
withdraw from the room during consideration of the item to which the Interest relates.
c. Every Member when appointed or when a change in his circumstances occurs, shall enter on a Form provided
by the District Council Monitoring Office, information about their Interests or any gifts or hospitality received and
shall pass this to the District Council Monitoring Officer as required by the provisions of the Parish Councils
(Model Code of Conduct) Order 2001, where it will be made available for inspection during reasonable hours by any member
of the public.
39. The Clerk shall record at the beginning of the Minutes of each meeting particulars of any Declarations of Interest made by Members and the Minutes shall be available for inspection during reasonable hours by any member of the public.
40. If a candidate for any appointment under the Council is to his knowledge related to any member of or the holder of any office under the Council, he and the person to whom he is related shall disclose the relationship in writing to the Clerk. A candidate who fails so to do shall be disqualified for such appointment, and if appointed, may be dismissed without notice. The Clerk shall report to the Council any such disclosure. Where the relationship to a Member is disclosed, the Standing Orders on Interests of Members in contracts and other matters shall apply.
INSPECTION OF DOCUMENTS
41. A Member may for the purpose of his duty, inspect any document in the possession of the Council.
a. All minutes kept by the Council shall be open for inspection by any Member of the Council.
b. The minutes of the Council shall be open to inspection by any elector without payment (excluding information
supplied in closed session in accordance with the terms of Standing Order No 43). Copies of minutes required by
any elector may be charged for according to the cost involved.
UNAUTHORISED ACTIVITIES
42. No Member of the Council shall in the name of or on behalf of the Council:-
a. Inspect any lands or premises which the Council has a right or duty to inspect; or
b. Issue orders, instructions or directions.
Unless authorised so to do by the Council.
ADMISSION OF THE PUBLIC AND PRESS TO MEETINGS
43. The public and press shall be admitted to all meetings of the Council which may, however, temporarily exclude
the public and press, if the following resolution is passed:
"That in the view of the nature of the business about to be transacted, it is advisable in the public interest that
the press and public be temporarily excluded and they are instructed to withdraw"
Section I of the Public Bodies (Admissions to Meetings Act) 1960.
44. The Clerk shall afford to the press reasonable facilities for taking their report of any proceedings at which they are entitled to be present. There shall be no audio or video recording or photographs of the meeting without the express approval of the Council.
45. If a member of the press or public interrupts the proceedings at any meeting, the Chairman may, after warning, order that he be removed from the room.
CONFIDENTIAL BUSINESS
46. a. No member of the Council shall disclose to any person, not a member of the Council, any business
declared to be confidential by the Council.
b. Any Member in breach of the provisions of paragraph (a) of the Standing Order may be removed by the Council.
LIAISON WITH DISTRICT COUNCILLORS
47. A Notice of all meetings shall be sent to the District Councillor representing the ward in which the parish is physically located.
PLANNING APPLICATIONS
48. The Clerk, shall keep particulars of every planning application submitted to the Parish Council and the Parish Council's recommendations until notification that Permission has been granted by the District Council.
Criteria for Consideration of Planning Applications
The role of a Parish Council in planning applications is as a consultee – we can support or object to an application but we do not grant or refuse.
“A parish council acts as the voice of its local community, passing parishioners’ opinions and views on to higher levels of government and other bodies” (quote from Somerset County Council website)
Types of application:
We are likely to receive applications under 6 main headings, namely
a) Residential – new application
d) Commercial - new application
b) Residential - extension
e) Commercial - extension
c) Residential - alteration
f) Commercial - change of use / hours
Each will require general consideration under common criteria as well as specific consideration appropriate to the
type of application.
GENERAL CONSIDERATIONS
1. Parish Development Plan.
Does the application clearly conform to the Plan.
2. Expressed views in support
What is the standing of the supporter – ie any vested interest in the application
Proximity to application address
Extent to which would be affected
Number of expressions of support
3. Expressed views in opposition
What is the standing of the objector – ie validity of objections raised
Proximity to application address
Extent to which would be affected
Number of expressions of objection
4. History to application
Have there been previous applications
– (a) by this applicant or (b) similar in nature
Did Parish support or object
Have previous objections been addressed
Do new circumstances warrant a change of approach
5. Environmental
Is the site suitable for the proposal
Is it a conservation area / Listed status
Is there a risk of noise / light / other pollution
6. Highway Issues
Will proposal create highway concerns / affect community safety in the parish
7. Mendip District Local Plan
Is the application consistent with the Local Plan and if applicable, all building regulations in force.
In seeking to reflect the views of the parish community, the council will endeavour to represent the views of
the majority of those most likely to be affected by the proposal.
Our aim is Transparency, Clarity and Consistency in the way we deal with planning applications.
CO-OPTION OF COUNCILLORS
49. a. Applications in writing are to be received in advance and copies of the applications are to be
sent to all Councillors with the Agenda for the relevant meeting.
b. All applicants who qualify as candidates stand at the first ballot, where each Councillor has one vote.
c. Ballots are to be secret.
d. If one candidate obtains over 50% of the votes cast, he is duly elected.
e. If no candidate obtains this figure:-
i. all but the top two candidates shall be eliminated and
ii. a second ballot will be taken.
VARIATION, REVOCATION AND SUSPENSION OF STANDING ORDERS
50. Any part of the Standing Order except Nos 2, 4, 6, 10, 12, 13b, 13c, 13g, 31a, 31c, 36b, 38, 39, 40, 41a, 42a, 44, 46 and 54 may be suspended by resolution in relation to any specific item of business.
51. A motion permanently to vary or revoke a Standing Order shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council.
STANDING ORDERS TO BE GIVEN TO MEMBERS
52. A printed copy of these Standing Orders shall be given to each Member by the Clerk, upon delivery to him of the Member's Declaration of Acceptance of Office and written undertaking to observe the Code of Conduct adopted by the Council.
CODE OF CONDUCT COMPLAINTS
53. The Council shall deal with complaints of administration allegedly committed by the Council or by any Officer or Member in such a manner as adopted by the Council except for these complaints which should be properly directed to the Standards Board for England for consideration.
INTERPRETATION OF STANDING ORDERS
54. The ruling of the Chairman as to the construction or application of any of these Standing Orders to any proceedings of the Council, shall not be challenged at that meeting of the Council.
The above Standing Orders were approved and adopted at a meeting of the Parish Council held on 12th December 2005