29 October 2022
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Sometimes people ask why I blog about a parish council. They ask why I don’t blog about much more interesting and important things like Bucks Council or national politics.
Well, I reply, a lot of people cover politics at the national and county level but few cover parish councils. And parish councils matter.
I don’t normally add – but it is true – that a parish council throws up the same fundamental issues which you find at every level of democracy, including integrity, accountability and putting the electorate’s interests first.
This blog is again about streetlighting in Widmer End.
It is an issue which matters to thousands of residents. It matters to them that Hughenden Parish Council decided in July to decommission all the streetlights and plunge the village into darkness in March next year.
But this blog is also about integrity and accountability. It is about how far councillors should put the interests of their constituents first rather than trying to keep a council together. It is about how and when residents should be informed and consulted about issues which affect them.
So, I am going to report the facts (obviously as I see them) and you can, as usual, come to your own conclusions.
The story so far
At the last Council meeting in October (see blog of 13 October 2022 below), the Council listened to residents’ concerns about its decision to decommission the streetlights. It agreed its decision was a mistake and the issue had not been handled well.
Under HPC’s Standing Orders, the Council cannot reverse a decision within 6 months except by a special motion. A special motion has to be supported in writing by 5 councillors before it can go on the agenda.
I said at the October Council meeting that I would put down a special motion for the November meeting to rescind the decision to decommission the streetlights. However, I had to know that it would be supported by other councillors. There were 5 other councillors at the meeting and they all put their hands up (literally) committing to support such a motion.
The 30 or so residents at the meeting were pleased and relieved.
Then what happened
A week after the meeting I sent Council a copy of a paper I had prepared bringing together all the information about the ownership of the streetlights, including minutes of HPC going back to 1952.
The paper concludes that: -
" From 1948 – 1987, most of Widmer End was in the Hazlemere ward of Hughenden parish. Widmer End was therefore covered by the Hughenden lighting area when Hughenden Parish Council became a lighting authority in 1960.
It follows that streetlighting in Widmer End, both in the Windmill Estate and on Sunnybank, Windmill Lane, Primrose Hill and Brimmers Hill was included in HPC’s public lighting scheme and was owned and maintained by HPC.
When Hazlemere Parish Council was set up in 1987, the streetlighting in Widmer End continued to be owned and maintained by HPC."
I let Council know that I would be preparing two motions to submit to the Clerk for the November meeting: -
(i) as promised, a special motion to rescind the July resolution on streetlighting; and
(ii) a motion proposing that Council agree it owns the streetlights or, if there was still any doubt, that Council sought legal advice from a solicitor experienced in this area on the basis of all the information now acquired by Council.
The next day I duly sent the special motion rescinding the July decision to the other 5 councillors at the October meeting asking them to support this motion, copying to other councillors.
One councillor responded quickly to give his support. Other councillors at the October meeting did not respond.
The Chairman of the Council asked councillors to wait; he said the Streetlights Working Group were likely to put forward a special resolution relating to streetlights in the next day or so, and it might be sensible for Members to consider both alternatives together before deciding what, if anything, they wished to support. (my italics)
I responded to say that, in my book, when someone committed to do something, they did it, particularly if they had committed at a public meeting to residents.
I added that if councillors who had committed to supporting my special motion to rescind had changed their minds, I needed to inform residents well before the November meeting. Those affected should have the opportunity to know what is happening and have the chance to comment so that things can be changed before they go to Council.
HPC’s Chairman responded to say that he would see it as a breach of HPC’s Code of Conduct if a councillor made a public communication about a prospective motion or agenda item that had not yet come to Council and been resolved (or otherwise), from which a member of the public could reasonably infer that Councillors had already made decisions or committed to positions.
I am not sure I understand this but I take it that he might see this blog as a breach and presumably complain to the Bucks Council’s Monitoring Officer.
On the same day, 20 October, Phil Renshaw, one of the two councillors on the Streetlights Working Party, resigned from the Council. I was unaware of this until a few days later when I e-mailed Mr. Renshaw and got an automatic response saying he had resigned.
I believe this made the Working Group inquorate.
Moving on
Last weekend, I circulated my paper on the ownership of the streetlights to Widmer End Residents’ Association, Widmer End Maintenance Company and other residents thanking them for their help in preparing it and asking for comments. I have had a few comments which I will follow up. I am happy to send a copy to anyone on request.
I also let recipients know that I had put down the special motion as promised and was waiting for a response from councillors at the October Council meeting. And I let residents know that Phil Renshaw, one of their ward councillors, had resigned.
Last Wednesday, I wrote to the four councillors who attended the October meeting and had not responded to my request to support my special motion. I asked if they could let me know their decision by this Saturday.
The Chairman of HPC responded with an alternative special motion to mine. His motion combined a proposal to rescind the July resolution with a proposal to continue discussions with Bucks Council on how to transfer responsibility for the streetlights to Bucks Council. He thought Council should stop any other activity on the issue, including seeking to establish ownership or taking legal advice.
Bucks Council has already expressed its disinclination to take ownership of the streetlights. The only legal means it has suggested for transferring the lights could not come into effect until at least 1 April 2025. I am not convinced this route is feasible anyway.
At the time of writing, the special motion proposed by HPC’s Chairman has, as far as I am aware, the support of 2 other councillors.
In the meantime, no repairs are being done – certainly not the more major repairs for which Council holds a substantial budget nor apparently the minor repairs such as changing light bulbs.
And that is where we are.
Why this blog?
The agenda for the next Council meeting on 8 November has to be issued by next Thursday, 3 November.
I have no idea, at this time, whether any motion will go on the agenda about streetlights, much less one to rescind the July resolution, despite the public commitment of 5 other councilors at the October Council meeting.
I had a choice of saying nothing until Thursday when the agenda comes out. On the one hand, this would have given councillors time to agree something in private. Saying nothing would also save me from a lot of grief and criticism and a possible complaint to the Monitoring Officer.
On the other hand, if I said nothing residents would have continued to believe, understandably, that the commitments made at the October meeting would be fulfilled. They might have only discovered on Thursday that their expectations had not been met - too late for them to influence what went on the agenda and with little time to organise putting any continuing concerns to the Council.
Exactly what happened in July.
I did say this blog was about integrity and accountability. About how far councillors should keep matters private to help resolve differences of view between councillors – and how far residents’ interests should be put first. Familiar issues at parish, county and national level.