Sheldwich, Badlesmere and Leaveland Parish Council
Local Government Structure and the Role of the Parish Council
Three Tiers of Local Government
Parish Councils operate within the broader local government framework to effectively deliver services and represent our residents. In Kent, we operate under a three-tier system:
- Tier 1: County Council (Kent County Council)
- Focus: Strategic, county-wide services (education, highways/transport, social care, strategic planning for our area – major road works or school catchment changes).
- Tier 2: District/Borough Council (e.g. Ashford Borough Council, Faversham Town Council)
- Focus: Local services (housing, refuse collection, planning decisions).
- Tier 3: Parish/Town Council (Sheldwich, Badlesmere & Leaveland Parish Council, Faversham Town Council)
- Focus: Hyper-local needs (allotments, local amenities, community projects, grassroots representation).
- The Medway Unitary Model
The existence of Unitary Authorities (like Medway, which is legally separate from KCC) is an interesting distinction. In Unitary Authorities, one council performs all county and district functions. While not directly relevant to our operations, understanding this alternative structure highlights the specific complexity and partnership required within our current two-tier model.
The Parish Council
The modern Parish Council was officially created by the Local Government Act 1894. The primary purpose of this Act was to formally transfer all non-religious, civic functions (like looking after roads, water supplies, and public health) away from the Church Vestries. This established a democratically elected civil body to manage these affairs, giving a voice to local residents and breaking the traditional control of the local priest and squire.
When the government established this new, elected body, it chose to keep the name that already defined the geographical area of responsibility—the Parish. This new body was thus called the Civil Parish Council, distinguishing it from the Parochial Church Council (the religious body)
Sheldwich, Badlesmere and Leaveland Parish Council
The most probable time the parishes of Sheldwich, Badlesmere, and Leaveland united was on or around April 1, 1974, as part of the local government reorganisation that swept across England and Wales. While no single official document stating the exact date was found in public summaries, the evidence strongly points to the union being a consequence of the Local Government Act 1972.
The Act required a minimum number of electors for a civil parish to maintain its own council, leading to the merging or grouping of small parishes like Leaveland and Badlesmere with a larger neighbour, Sheldwich, for administrative efficiency.
Leaveland and Badlesmere were both ancient parishes with very small, scattered populations. Combining them with the larger parish of Sheldwich created a single, viable civil parish council that could serve the collective area effectively and meet the administrative requirements set by the new local government rules.
The Role of the Parish Councillor
Parish Councillors are chosen either through a local election or, if unopposed, they are elected pro forma. This underscores the importance of encouraging local engagement to ensure a diverse and representative council. Furthermore, the role is fundamentally about advocacy for the local area to the higher tiers of government.
Funding via the Precept
A critical power is the ability to raise a precept. This is a small, dedicated portion of the Council Tax collected by the District Council on our behalf. This funding is directly controlled by the Parish Council to fund local services and community projects, giving us financial independence to address local needs.
Planning Applications: Statutory Consultee, Not Decision Maker
The Parish Council is a Statutory Consultee in the planning process. While it holds a highly important advisory role, it does not have the power to approve or reject an application. They must not be personal preference or based on issues that directly affect us. Councillors must excuse themselves from any discussion in which they have a pecuniary interest. This makes our recommendations stronger.
The ultimate decision rests with the District/Borough Council.
| Aspect | Detail of Power / Duty | Key Takeaway |
| Right to be Notified | The Parish Council has the right to be notified of all planning applications and amendments within the Parish area. This is a legal requirement under the Town and Country Planning Act 1990. | The council must be given the opportunity to formally consider and respond to every application. |
| Response Requirement | The council’s formal response must be agreed upon and minuted during a properly convened public council meeting and then submitted by the Clerk. | The council’s view is a corporate one, representing the collective, formal position of the Parish. |
| Material Planning Considerations | The comments submitted must be based solely on Material Planning Considerations (MPC). The District Council is only obliged to consider objections/support rooted in these areas. | The effectiveness of the objection/support hinges on linking it to: highway safety, layout and density, design/appearance, flood risk, loss of residential amenity (light/privacy), and impact on the Local Plan. |
| Non-Material Issues | The council must avoid basing its response on non-material issues such as loss of view, loss of property value, applicant’s personal history, boundary disputes, or commercial competition. | Comments not based on MPCs will be given little or no weight by the Planning Authority. |
| Neighbourhood Plans | Under the Localism Act 2011, the council has the power to create a Neighbourhood Plan. If adopted, this plan forms part of the statutory development plan for the area, giving the Parish Council a direct, legal influence over future planning decisions. | A Neighbourhood Plan is the single most powerful tool a Parish Council has to shape local development. |
Allotments: A Statutory Duty to Provide
The Parish Council’s role concerning allotments is not merely discretionary; it can become a statutory duty under the Small Holdings and Allotments Act 1908.
| Aspect | Detail of Power / Duty | Key Takeaway |
| Duty to Provide | The council has a duty to provide a sufficient number of allotments if a written representation is made by six or more registered electors or residents that there is a demand for them. | The council cannot simply ignore a request for allotments if a legitimate demand is proven. |
| Land Acquisition | The council has the power to purchase or lease land (by agreement or, if necessary, compulsorily, subject to District Council approval) for the purpose of providing allotments. | The council has the legal means to secure land for this purpose, even outside the parish boundary if necessary. |
| Management | The council has the power to manage the land, including draining, fencing, making roads, and setting up rules/bye-laws for letting, cultivation, and rent collection. | The council can either manage the site directly or encourage self-management by forming an Allotment Association, which streamlines day-to-day duties. |
| Security of Tenure | Statutory allotment land (land purchased specifically for allotments) cannot be sold or appropriated for any other use without the consent of the Secretary of State (currently the Department for Levelling Up, Housing and Communities). | This is a significant protection for allotment holders, making it very difficult for the council to dispose of the land. |
| Limitation | The duty to provide is generally limited to allotment gardens (typically not exceeding 40 poles, or about 1/4 of an acre) for growing fruit and vegetables for personal consumption. | The focus is on small, non-commercial food production for the community. |