Agenda item
This report concerns the initial term of office of Parish Councillors elected to the Town and Parish Councils for Clacton-on-Sea, Holland-on-Sea and West Clacton & Jaywick Sands that is currently planned to come into being on 1 April 2027. Based on the decision of the Full Council of the District on 2 June 2026 (Minute 28 refers), that initial term will be five (5) years. Through this report, the Committee is invited to consider recommending to the Full Council meeting on 13 October 2026 that the term of office should be amended to three (3) years and to consider an alternative timeline.
The report is to follow.
Minutes:
It was reported that, following the required Community Governance Review and engagement with residents undertaken as part of that review, Full Council had resolved to establish three new Parishes and their respective Parish Councils. Full Council had approved a commencement date of 1 April 2027, and, through the Officer report (A.2), the Committee had been invited to recommend to Full Council that the commencement date be amended to 1 April 2028, being 12 months later than originally envisaged.
It was further reported that, in accordance with the decision of Full Council on 2 June 2026 (Minute 28 referred), the initial term of office for Parish Councillors elected to the new Parish Councils would be five years. Through the Officer report (A.2), the Committee had also been invited to consider recommending to Full Council, at its meeting on 13 October 2026, that the initial term of office be amended to three years. It was noted that this would align the second and subsequent elections to those Parish Councils with the scheduled elections to all other Parish Councils in the District.
The Committee was informed that, following the UK Government’s decision to withdraw its decision of 25 March 2026 to implement Local Government Reorganisation in Greater Essex, the existing electoral cycle for District and Parish Councillor elections had been restored.
Members were advised that, although the Community Governance Review had been launched prior to the commencement of the Local Government Reorganisation process in Greater Essex, a key theme arising from the engagement undertaken during the review had been residents’ desire for a local voice. The timetable approved by Full Council on 2 June 2026 had been intended to enable the new Parishes and Parish Councils to hold elections one year in advance of the proposed creation of new unitary authorities. This would have allowed the new councils time to establish themselves in their representative role while Tendring District Council remained in existence.
It was explained that, as Local Government Reorganisation had been postponed for at least one year, a one-off opportunity had arisen to adjust the timetable for the establishment of the new Parishes and Parish Councils. Taking advantage of this opportunity would provide Officers and local District Councillors, supported by the Essex Association of Local Councils, with a longer period in which to implement the new Parish Councils, including undertaking the necessary electorate and financial calculations. It would also allow for further engagement with the communities proposed to be parished regarding the types of services and initial priorities they might wish the new Parish Councils to deliver.
In relation to the terms of office for Parish Councillors, Members were informed that the restoration of the existing electoral cycle meant that all existing Parish Councillors elected on 6 May 2027 would serve a four-year term. Accordingly, should the Committee be minded to recommend postponing the implementation of the Parish Councils for Clacton-on-Sea, Holland-on-Sea and West Clacton & Jaywick Sands until 1 April 2028, it would also be appropriate to consider recommending that the term of office of those elected to serve on those Parish Councils be reduced to three years in order to align with the wider electoral cycle. Otherwise, elections to those Parish Councils would remain permanently one year out of alignment with all other Parish Council elections in the District.
It was further explained that, if the Committee was not minded to recommend postponing the implementation of parishing arrangements for Clacton-on-Sea, Holland-on-Sea and West Clacton & Jaywick Sands, and the commencement date therefore remained as 1 April 2027, the Committee was invited to consider recommending that the initial term of office for Councillors elected to those bodies be amended to four years in order to achieve alignment with the rest of the District. In that scenario, as elections to existing Parish Councils would be aligned with District Council elections, retention of the currently approved five-year initial term would result in subsequent elections for the Parish Councils of Clacton-on-Sea, Holland-on-Sea and West Clacton & Jaywick Sands being held separately, one year later than those for all other Parish Councils in the District. This was considered more likely to result in ongoing higher election costs for those Parish Councils, as they would be unable to share election costs with the District Council, County Council, Police, Fire and Crime Commissioner, or UK Government elections.
Members were advised that the UK Government’s current stated intention was for a Greater Essex Mayor to be elected for the proposed Combined County Authority in May 2028. On that basis, the recommended commencement date for the new Parishes and Parish Councils would enable the costs of those Parish Council elections to be shared with the Greater Essex Mayoral election.
The Committee was informed that, once established, the UK Government had the ability to amend the terms of office of Councillors serving on principal and local councils should this prove necessary. Consequently, if decisions relating to local government reorganisation in Essex were implemented, a mechanism would exist to amend the terms of office of the new Parish Councillors in line with any changes affecting other Parish Councillors.
It was noted that, without the recommended changes being agreed, the Reorganisation Order setting out, amongst other matters, the terms of office of Councillors for the Parish Councils of Clacton-on-Sea, Holland-on-Sea and West Clacton & Jaywick Sands would need to have been made by 14 October 2026 at the latest in order to authorise the necessary preliminary arrangements for those new parishes to be established on 1 April 2027. Members were further advised that, once the Order had been made and sealed, any subsequent amendments to the arrangements for the new Parishes and their Parish Councils would require a further Community Governance Review.
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Questions by Members:- |
Answers:- |
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Is there a mechanism in place that would allow the term of office to be amended further should additional changes to the electoral cycle occur? |
(Lisa Hastings) As the position remains uncertain, it is not possible to comment on potential implications until formal arrangements have been confirmed. Any impact on Town and Parish Council elections arising from the paused Local Government Reorganisation (LGR) programme would depend on whether the associated term of office is amended as part of a Structural Changes Order.
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In the event that the implementation is deferred by a year, would it be possible to establish a shadow Town Council to undertake the necessary preparatory work, including the development of governance, policy, and framework documents? This would help ensure that, when the Town Council is formally established, the key policy framework is already in place, and any planned initiatives are ready to be implemented.
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(Lisa Hastings) Not in legal terms. The initial period would run from April 2028 until the elections in May 2028. During this interim period, the Town and Parish Councils would comprise existing District Councillors, the extra year would allow significant preparatory work to be undertaken to support a smooth transition to the new arrangements.
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It was moved by Councillor Ferguson, seconded by Councillor Amos and unanimously RESOLVED that:
1) based on the information set out in the Office report (A.3), the Community Leadership Overview and Scrutiny Committee recommends to Full Council on 13 October 2026 that the decisions of Full Council on 2 June 2026 following the Community Governance Review for Clacton-on-Sea, Holland-on-Sea and West Clacton & Jaywick Sands be amended as follows:
a) the new Parishes commence on 1 April 2028 and not 1 April 2027 (with elections to the Parish Councils consequentially moved to May 2028 rather than in May 2027);
b) the initial term of office for Parish Councillors elected to those Parish Councils be three (3) years and not five (5) years;
2) the Chief Executive be requested to await the decision of Full Council on 13 October 2026 in respect of the recommendation above before the required Community Governance Reorganisation Order (arising from the relevant decision of Council on 2 June 2026) is formally made and sealed and that the outcome of that meeting in respect of the above recommendation be incorporated as necessary into that Order; and
3) the Committee notes that, on the basis recommendation (1) above is approved by Full Council, communication with residents and interested parties in the area of the new Parishes will be undertaken to update them that the implementation date for those Parishes and their Parish Councils will be 1 April 2028 and the commissioning of Essex Association of Local Councils to support the introduction of the new Parishes will be updated to reflect that timeline.
Supporting documents:
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