Terms of reference, December 2024

Introduction

Why undertake a Community Governance Review (CGR)?

1. The Local Government and Public Involvement in Health Act 2007 (LGPIH) devolved the power to take decisions relating to the creation or abolition of parishes, the boundaries of parishes, and the electoral arrangements of parish councils from the Secretary of State and the Electoral Commission to principal councils, such as WFDC. From 2008, district councils have had responsibility for undertaking CGRs and have been able to decide whether to give effect to the recommendations made in those reviews. In making that decision, Councillors need to account for the views of residents and give regard to guidance issued by the Secretary of State and the LGBCE.
2. Wyre Forest District Council has resolved to undertake a CGR, pursuant to Part 4, Chapter 3 of the LGPIH, with a view to asking the public in Stourport-on-Severn, Kidderminster and parishes adjacent to Kidderminster (and the Wyre Forest District more widely) about their views on the electoral arrangements for the two Town Councils and the boundaries of the town of Kidderminster. The final element of the review is examining the potential transfer of five small areas from neighbouring parishes to the area of Kidderminster Town Council. These reviews have been requested by Stourport-on-Severn Town Council and Kidderminster Town Council.
   
   
3. A CGR provides an opportunity for principal authorities to review and make changes to community governance within their area.
   
   
4. A CGR is a review of the whole or part of the district to consider one or more of the following:
   • Creating, merging, altering, or abolishing parishes
   • The naming of parishes and the style of new parishes
   • The electoral arrangements for parishes (the ordinary year of election, council size, the number of councillors to be elected to council, and parish warding) and
   • Grouping parishes under a common parish council or de-grouping parishes.
     
     
5. The Government has emphasised that, ultimately, recommendations made in a CGR ought to improve community engagement, result in more cohesive communities, yield better local democracy, and result in more effective and convenient delivery of local services.
   
   
6. Parish councils are a democratically elected tier of local government with their own Councillors, which provide a range of local services for a locally defined area. Councillors would be elected by local residents.
   

   Scope of the review

7. The District Council has resolved to undertake a CGR to consider:
   
   
   1. whether the electoral arrangements of Stourport-on-Severn as set out in the Worcestershire (Electoral Changes) Order 2024 are:
      1. Reflective and/or representative of the identities and interests of the community in that area and
      2. Effective and convenient to the community in that area;
         
         
   2. whether the electoral arrangements of Kidderminster as set out in the Worcestershire (Electoral Changes) Order 2024 are:
      1. Reflective and/or representative of the identities and interests of the community in that area and
      2. Effective and convenient to the community in that area;
         
         
   3. whether the boundaries of Kidderminster in a number of places are:
      1. Reflective and/or representative of the identities and interests of the community in that area and
      2. Effective and convenient to the community in that area.

      In doing so, the review is required to take into account:

      1. The impact of community governance arrangements on community cohesion
      2. The impact of any population transfers on the number of electors per Councillor
      3. The impact of any boundary changes on the parish council’s capacity to collect parish precepts.
         
         
8. The areas that are the subject of the review consists of:
   1. the local government parish of Stourport-on-Severn;
   2. the local government parish of Kidderminster;
   3. parts of three adjacent parishes to Kidderminster, namely Wolverley & Cookley, Stone and Stourport-on-Severn.

   Maps are attached to show the areas concerned as well as the electoral arrangements that would replace those set out in the Worcestershire (Electoral Changes) Order 2024, subject to the outcome of the review.

 Who will undertake the CGR?

9. As the principal authority, the District Council is responsible for undertaking all CGRs within its electoral area.
   
   
10. Draft recommendations will be made to Full Council for consideration and, depending on the outcome of the consultation, this would include making of a reorganisation order.

CONSULTATION

11. Before making any recommendations or publishing final proposals, in line with legislative requirements, the District Council will take full account of the views of local people. The District Council will comply with legislative requirements by:
    • Consulting local government electors for the areas under review. In respect of three developed areas in Wolverley & Cookley and Stone, each elector in those areas will have the opportunity to take part in a local advisory poll about whether or not they support the transfer of where they live to the area of Kidderminster Town Council;
    • Consulting any other person or body (including Worcestershire County Council and other local authorities) which appears to the principal council to have an interest in the review. This will also allow electors in other areas, such as the Mitton and Lickhill wards of Stourport-on-Severn and wards of Kidderminster adjacent to areas being considered for potential transfer, as well as electors throughout Stourport-on-Severn and Kidderminster, to express their views; and
    • Taking into account any representations received in connection with the review.
      
      
12. When taking account of representations, the District Council is bound to have regard to the need to secure that community governance within the area under review:
    • Reflects the identities and interests of the community in that area, and
    • Is effective and convenient
      
      
13. In order to ensure that this review is conducted transparently, as soon as practicable, the District Council will publish its recommendations and take such steps as it considers sufficient to ensure that persons who may be interested in the review are informed of the recommendations and the reasons behind them.
    
    
14. The District Council will also notify the outcome of the review to any persons or bodies who submit written representations.

Timetable for the review

15. A CGR must, by statute, be concluded within a twelve month period from the day on which the review commences. A CGR commences when the Council publishes its Terms of Reference. A CGR concludes when the District Council publishes the recommendations made in the review.
    
    

    Action	Dates
    Report to Council to approve the Terms of Reference for the review	11 December 2024
    Commencement of review and publication of Terms of Reference	6th January 2025
    Undertake formal consultation with other interested bodies in accordance with section 93 of the Local Government and Public Involvement in Health Act 2007	January – March 2025
    Undertake formal consultation with local electors in respect of three developed areas (see details below) by means of local advisory poll	1 May 2025
    Full Council considers result of poll and other responses to consultation	16 July 2025
    If there is support for amending the ward boundaries of Stourport-on-Severn and Kidderminster
    Recommendation to full Council to consider and approve publication of draft proposals for reorganisation order setting out electoral arrangements	16 July 2025
    Consultation on draft proposals for reorganisation order	August – October 2025
    Approval of reorganisation order by full Council	December 2025
    Effective date of order	1 April 2026
    If consultation demonstrates support for some or all of the minor changes to boundaries between Kidderminster and neighbouring parishes
    Recommendation to full Council to consider and approve publication of draft proposals for reorganisation order setting out revised boundaries (will follow same timeline as above)	16 July 2025
    If there is not support for changing warding arrangements in the two towns and/or for altering the boundaries between Kidderminster and neighbouring parishes
    Recommendation to full Council to end the CGRs as appropriate – no further action	16 July 2025
    Elections to Stourport-on-Severn Town Council and parish councils	6th May 2027
    Elections to Kidderminster Town Council	4th May 2028

Principles guiding the review

Relevant legislation

16. In undertaking a CGR, the District Council will apply the guiding principles as appropriate from the following legislation and guidance:
    
    
    • The Local Government and Public Involvement in Health Act 2007
    • The Local Government Act 1972
    • Guidance on CGRs (DCLG/EC)
    • Local Government (Parishes and Parish Councils) (England) Regulations 2008 (SI 2008/625)

Electorate

17. In considering the electoral arrangements of the parishes stated within these Terms of Reference, the District Council is required to consider any change in the number or distribution of the electors which is likely to occur in the period of five years beginning with the day when the review starts.
    
    
18. The recent review of electoral arrangements by the Local Government Boundary Commission for England identifies the following information about electorate of town/parish wards in 2022 and estimated electorate in 2029
    
    Stourport-on-Severn
    
    

    Ward	2022	2029	Number of parish councillors (as at 2024)
    Areley Kings East	2490	2616	3
    Areley Kings West	1990	2648	2
    Central	1807	2122	2
    Lickhill	2117	2232	3
    North	4166	4527	4
    Stour and Wilden	3194	3622	4

    Kidderminster

    Ward	2022	2029	Number of parish councillors (as at 2024)
    Aggborough & Spennells	6519	6820	3
    Blakebrook & Habberley South	6742	7056	3
    Broadwaters	6508	7172	3
    Foley Park & Hoobrook	7280	7705	3
    Franche & Habberley North	7448	7815	3
    Offmore & Comberton	7243	8086	3

    Stone

    Ward	2022	2029	Number of parish councillors (as at 2024)
    Stone	470	497	9

    Wolverley & Cookley

    	2022	2029	Number of parish councillors (as at 2024)
    Wolverley	2005	1988	7
    Cookley (see note)	2054	3722	7

    Note: Cookley has since been split into two polling districts. A separate community governance review is considering the number of parish councils and electoral arrangements for Wolverley & Cookley.

19. The potential impact on electorates of neighbouring parishes if the areas under consideration were transferred to Kidderminster varies, but would involve only modest changes to the total electorate in any given ward in Kidderminster:
    
    

    Area being considered for transfer	Electorate, December 2024 Subject to outcome of CGR: ward in Kidderminster to which it would be transferred
    Gibberd Way, Wildmoor Road & Betula Place (Wolverley ward, Wolverley & Cookley)	83 Broadwaters
    Albrighton Drive, Bowdler Close, Podmore Close & Hurcott Rise; 231 and 231A Stourbridge Road (Wolverley ward, Wolverley & Cookley)	149 Broadwaters
    Part of Kittiwake Drive in Stone parish	61 Aggborough & Spennells
    Part of Wovens Oaks development in Stone parish	Nil (estimate 40-50 when development complete) Offmore & Comberton
    Finepoint Way, Zortech Avenue including sites allocated for economic development, gypsy & traveller site and travelling showpeople’s site (partly in Lickhill and partly in Mitton wards, Stourport-on-Severn)	<10  (estimate 30-40 when development complete) Foley Park & Hoobrook

Justification and General Considerations for the Review

20. As the principal Council, Wyre Forest District Council has a legal duty to carry out a CGR of Stourport-on-Severn and Kidderminster following the receipt of applications by the Town Councils as follows:
    
    
    1. Stourport-on-Severn Town Council resolved on 1 October 2024 to “request Wyre Forest District Council to carry out a Community Governance Review to re-establish its ward boundaries.  This follows the Boundary Commission’s review of Worcestershire County Council.” This is interpreted as a request that the community governance review should look at continuing with the town ward boundaries that presently exist and were last used for the May 2023 elections.
       
       
    2. On 23 October 2024 Kidderminster Town Council “resolved as follows:
       
       
       1. For the Kidderminster Foreign Review: To support the proposal that the Kidderminster Town Council boundary should include the Habberley Road development which should be transferred to the town.
          
          
       2. For Wolverley and Cookley: To call for redrawing of the boundary between Kidderminster and Wolverley & Cookley in two areas:
          
          
          1. At Sion Hill, by bringing the site of the former school site into Kidderminster (Wildmoor Rd).
          2. Development on Stourbridge Road (Albrighton Drive & Bowdler Close) also to be brought into Kidderminster.

       The Council further resolved as follows:

       3. To call on Wyre Forest District Council to carry out a community governance review to re-establish common ward boundaries with those used for WFDC in Kidderminster and to make other changes to  Kidderminster’s boundary so that it includes Kittiwake Drive, the whole of the Woven Oaks development and the developed areas comprising Finepoint Way and Zortech Avenue.”
          
          
    3. Limb (A) relates to a separate community governance review process and is not relevant to the present review. Limb (C ) of the Kidderminster Town Council resolution clearly requests that a review should examine retention of common ward boundaries with those used for the District Council: it is implicit that this would involve the same number of councillors being elected from Kidderminster for WFDC and for the town council. This review also addresses the proposals in Limb (B) and the remainder of Limb (C ) that would see areas from neighbouring parishes transferred to form part of Kidderminster. The descriptions and maps in the report considered by the Town Council demonstrate that the areas mentioned in Limb (B) include the streets and properties identified in the table in paragraph 19 above.
       
       
21. The District Council wishes to ensure that electors should be able to identify clearly with the parish in which they are resident. It considers that this sense of identity and community:
    • Lends strength and legitimacy to the parish structure
    • Creates a common interest in parish affairs
    • Encourages participation in elections to the parish council
    • Leads to representative and accountable government
    • Engenders visionary leadership, and
    • Generates a strong, inclusive community

    The Council considers that parishes should reflect distinctive and recognisable communities of interest, with their own sense of identity; the feeling of local community and the wishes of local inhabitants are therefore primary considerations in this Review. The Council notes that the Royal Mail’s official addresses for all the areas that are proposed for transfer to Kidderminster contain only the post town “Kidderminster” and do not include any reference to the parishes of which they are presently part.

22. The Council is anxious to balance carefully the considerations of changes that have happened over time, through population shifts or additional development for example, and that have led to a different community identity with historic traditions in its area. The Council notes the Government's Guidance that community cohesion should be taken into account in this Review.
    
    
23. If the review leads to the transfer of the areas to Kidderminster Town Council area, no additional costs for the Town Council are anticipated, since the areas potentially to be transferred contain no parks, public toilets, market spaces, clocks, or anything that could constitute a financial commitment for a parish council. Conversely, in addition to assets that serve the town as a whole, such as the Town Hall, one asset that the Town Council owns and maintains is located in the vicinity of the areas in Wolverley & Cookley – Broadwaters Park – and is likely to be used by some residents in those areas.
    
    
24. The review seeks views on removing the warding arrangements in Stourport and Kidderminster that have been approved by Parliament following the Local Government Boundary Commission for England’s final recommendations on the county council electoral review. In both towns, it is proposed to restore the current wards set out in the maps and summarised in the table in paragraph 18 above.
    
    
25. However the community governance review presents an opportunity to review the number of councillors for each ward in Stourport. Based on the 2029 estimates of electorate, which take account of ongoing and future developments in particular in Areley Kings, there would be a clear imbalance in representation by that date
    
    

    	Estimated electorate, 2029	Number of parish councillors (as at 2024)	Number of electors per councillor
    Areley Kings East	2616	3	872
    Areley Kings West	2648	2	1324
    Central	2122	2	1061
    Lickhill	2232	3	744
    North	4527	4	1132
    Stour and Wilden	3622	4	906

    Electoral equality = 1006 electors/councillor. Maximum variations from electoral equality are -26% (Lickhill) and +24% (Areley Kings West).

26. A greater degree of electoral equality could be achieved by the time of the ordinary elections in May 2027 with some modest adjustments to the number of parish councillors for each ward which would result in a council size of 19 members (compared to 18 members now). Views are therefore specifically sought on whether to adopt the following number of councillors for each ward in Stourport in order to achieve better electoral equality:
    
    

    	Estimated electorate, 2029	Number of parish councillors: proposal	Number of electors per councillor
    Areley Kings East	2616	3	872
    Areley Kings West	2648	3	883
    Central	2122	2	1061
    Lickhill	2232	2	1116
    North	4527	5	905
    Stour and Wilden	3622	4	906

    Electoral equality = 935 electors/councillor. Maximum variations from electoral equality are -7% (Areley Kings East) and +19% (Lickhill).

27. If electoral arrangements are changed for the two Town Councils or if areas are to be transferred from neighbouring parishes to form part of Kidderminster, it would be necessary for the District Council to make a reorganisation order to give effect to the new arrangements.

Reorganisation of Community Governance Orders and Commencement

28. If changes are agreed, a reorganisation order would be required and would be the subject of separate consultation. This would be implemented in accordance with Government guidance. More detail on what would be contained in a reorganisation order is set out for information earlier in this consultation paper.
    
    
29. The review will be completed when the Council adopts a ‘Reorganisation of Community Governance Order’. Copies of this Order, the map(s) that show the effects of the order in detail, and the document(s) which set out the reasons for the decisions that the Council has taken (including where it has decided to make no change following a review) will be deposited at the Council’s Offices and on the Council’s website.
    
    
30. In accordance with the guidance issued by the Government, the Council will deposit and make available for public inspection maps to illustrate each recommendation as soon as possible after making the order. The Council will inform the Secretary of State, the Electoral Commission, the Office of National Statistics, and the Director General of the Ordnance Survey.

Consultation – How to take part and how to contact us.

31. Local government electors in specified parts of Stone and of the Wolverley ward of Wolverley & Cookley will be able to take part in a local advisory poll on 1 May 2025. All interested parties will be invited to express their views in the period from 6 January to 4 April 2025.
    
    
32. Participants will be asked for any additional comments they would like to submit about the review under these Terms of Reference. These can be submitted to the following email address:

    CGR-KidderminsterStourport@wyreforestdc.gov.uk

    C S Newlands
    Solicitor to the Council
    Wyre Forest District Council, Wyre Forest House, Finepoint Way, Kidderminster, DY11 7WF

Publication of Terms of Reference

33. These Terms of Reference will be published on the District Council’s web site: www.wyreforestdc.gov.uk and will be available for public inspection at The Hub, Green Street, Kidderminster DY10 1HA