North Yorkshire Council

 

12 November 2025

 

Final Recommendations of the

Kirby Grindalythe and Duggleby Parish Community Governance Review

 

Report of the Standards and Governance Committee to Full Council

 

1.0         PURPOSE OF REPORT

 

1.1         To consider the recommendations of the Standards and Governance Committee made at the meeting of 17 September 2025 in relation to the final recommendations of the

            Kirby Grindalythe and Duggleby parish Community Governance Review (CGR).

 

 

 

2.0       BACKGROUND

 

2.1       The Local Government and Public Involvement in Health Act 2007 (LGPIH Act 2007) devolved power from the Secretary of State to principal councils to conduct CGRs and put in place or make changes to local community governance arrangements.

 

2.2       A CGR is a review of the whole or part of an authority’s area to consider one or more of the following:

·         the creation, merger, alteration, or abolition of parishes;

·         the naming of parishes and the style of new parishes;

·         the electoral arrangements for parishes (i.e., the ordinary year of election; council size; number of councillors to be elected to the council; and parish warding); and

·         the grouping or de-grouping of parishes

 

to ensure that local governance continues to be effective and convenient and that it reflects the identities and interests of local communities. The recommendations arising from a CGR should deliver improved community engagement, more cohesive communities, better local democracy and result in a more efficient delivery of local services.

 

3.0       KIRBY GRINDALYTHE AND DUGGLEBY PARISH COUNCIL

 

3.1       Kirby Grindalythe and Duggleby Parish Council (KG&DPC) comprises 7 seats and

requires a minimum of 3 seats to be filled to be considered quorate. It is situated in the North Yorkshire Council Division of Thornton Dale and Wolds. The Parish Council has been without a parish clerk since September 2020. KG&DPC covers an electorate of 260.

 

3.2       It has been difficult to maintain quoracy of KG&DPC. The three remaining Parish Councillors, having been appointed at an uncontested election in May 2022, failed to attend parish meetings for a period of 6 months, and therefore ceased to be members under Section 85 (1) of the Local Government Act 1972.

 

3.3       At the Standards and Governance Committee meeting on the 15 March 2024 a temporary order was approved appointing the division member for Easingwold, Councillor Nigel Knapton, the division member for Thornton Dale and Wolds, Councillor Janet Sanderson and the division member for Sherriff Hutton and Derwent, Cllr Caroline Goodrick under Section 91 (1) of the Local Government Act 1972 to Kirby Grindalythe Parish Council in order to make it quorate.

 

3.4       At the Annual Parish Meeting and Parish Council Meeting on 26 June 2024, members of the community present requested a CGR to abolish KG&DPC and form two separate parish meetings.

 

3.5       Information held by North Yorkshire Council electoral services confirms that Duggleby is a hamlet within Kirby Grindalythe and Duggleby parish. The parish is not warded and Duggleby is not a separate parish. It once was a separate parish but merged with Kirby Grindalythe on 1 April 1935 and there is now one polling district with no separate borders for the Duggleby part of the parish. The electorate was 260 as at 1 August 2024, with a forecast electorate of 265 for 2030.The original parish boundary map is included at appendix 1 for reference.

 

3.6       The Division Member has confirmed that KG&DPC has no assets or functions and a precept is no longer claimed. The Division Member was supportive of conducting a CGR.

 

 

4.0       COMMUNITY GOVERNANCE REVIEW CONSULTATION FEEDBACK

 

4.1       Stage 1 of the consultation was undertaken between 14 December 2024 and 28 February 2025.

 

The Council received 55 responses from a total of 251 questionnaires which were sent to every registered elector in the parish of Kirby Grindalythe and Duggleby. This equates to a 22% response rate. 

 

31 of the 55 responses (i.e. 57%) agreed that it would be more practical to dissolve KG&DPC in its current format and to have a community meeting-based model instead.

 

The additional free text responses suggested that two parish meetings would better represent the community’s identities rather one single parish for the whole area with one parish meeting. 

 

All of the responses to stage 1 can be found at annexe 1 of this report.

 

4.2       Stage 2 of the consultation was undertaken between 11 April and 23 May 2025.

           

            This second stage focused on seeking views on a specific proposal which reflected the majority view expressed in the first stage of consultation, that KG&DPC be dissolved and replaced by a ‘Parish Meeting’ form of governance in two newly created parish areas, those being: 

 

·         Duggleby and Northstead parish; and

·         Kirby Grindalythe parish.

 

The proposed parishes will have an electorate of 106 for Duggleby and Northstead parish and 147 for Kirby Grindalythe parish.

 

In cases where a review recommends the formation of a new parish which has 150 or fewer local government electors, the review must recommend that the parish should not have a parish council. However, that rule does not apply if, as is the case here, any part of the parish is a parish which currently has a council.

 

The Council received a total of 43 responses to the second stage consultation which equates to 17%.

 

Following the second consultation with residents of Kirby Grindalythe and Duggleby about the future governance of KG&DPC there was strong agreement to forming two separate parish meetings, however the consensus was that they should be named Kirby Grindalythe parish and Duggleby parish.

 

The consultation response also suggested that the properties in Sheepwalk Lane, currently in the Kirby Grindalythe parish be included in the neighbouring Luttons parish.  Altering the external boundary with neighbouring parishes requires undertaking a consultation with any other parishes who are affected and their residents.  The Council therefore commenced a stage 3 consultation with residents of Luttons seeking their views on the specific proposal to include an additional 6 properties in Sheepwalk Lane within the Luttons parish boundary. This would increase the electorate of Luttons parish to 335.

 

All of the responses to stage 2 can be found at annexe 2 of this report.

 

4.3       Stage 3 of the consultation was undertaken between 31 July and 29 August 2025

 

The third stage therefore focused on seeking the views of residents of Luttons parish on the specific proposal to include an additional two properties on Sheepwalk Lane within the Luttons parish boundary. This would increase the electorate of Luttons to 335.

 

The Council received 41 responses to the third stage consultation which equates to 22 % of the electorate.

 

There was a strong agreement from respondents supporting the properties in Sheepwalk Lane being included in the Luttons parish with 87% in agreement. The additional free text responses agreed that this made sense as those properties were by default more logically situated within Luttons parish.

 

All of the responses to stage 3 can be found at annexe 3 of this report.

 

The suggested new mapping of the parish is attached at appendix 3.

 

Feedback from the consultation also identified that some additional properties in Sheepwalk Lane were flagged as needing to be included within the new boundary also. We have written to all the residents in Sheepwalk Lane (6 properties) to advise them of this. As at the date of writing this report no objections have been received.

 

 

5.0       FINAL OUTCOME

 

5.1       The working group reviewed the consultation feedback at each individual stage and consisted of Cllrs Knapton, Davis and Pearson with input from Cllrs Goodrick and Sanderson as well as the Assistant Director Legal and the Principal Democratic Services Officer.

 

Residents and stakeholders provided strong evidence agreeing that it would be more practical to dissolve KG&DPC in its current format and to have two community meeting-based models instead.

 

            The two newly created parish areas should be called Duggleby parish and Kirby Grindalythe parish.

 

            There was also support for including all properties (6) in Sheepwalk Lane within the Luttons parish boundary.

 

            The MP’s office has been advised of the proposal and comments invited.

 

           

5.2       Parish Meetings

 

Parish meetings are recognised for a number of statutory purposes. The parish meeting comprises the local government electors for the parish coming together for the purpose of discussing parish affairs and exercising any statutory functions conferred on them. The parish meeting must assemble annually between 1 March and 1 June and on at least one other occasion during the year on a date to be fixed by the Chair of the meeting. At the Annual Meeting, the electorate attending the meeting choose a member of the electorate to become chair of the parish meeting for the ensuing year. There are no elected councillors for a parish meeting.

 

5.3       Consequence of Dissolving a Parish Council

 

There are several consequential issues which will need to be addressed when dissolving KG&DPC and establishing the parish meetings.

 

If a parish has no parish council, section 13 of the Local Government Act 1972 provides that the Chair of the parish meeting and the proper officer of the Principal Council (North Yorkshire Council) are the body corporate of the parish meeting and are known as “the Parish Trustees”. Section 13(4) states that the parish trustees of a parish shall act in accordance with any directions given by the parish meeting. North Yorkshire Council’s constitution designates the Assistant Chief Executive Legal and Democratic Services or, in their absence, the Head of Democratic Services and Scrutiny as the proper officer for the purpose of s13.

 

As there will be more than one parish meeting covering the former parish council area, it is proposed that the financial balances of the abolished parish council (once any liabilities have been met) should be divided proportionally based on the electorate of the areas transferred to each newly created parish when they are created on 1 April 2026.

 

The Yorkshire Local Council Association are in agreement with this proposal.

 

 

5.4       Implementation of Review Outcome

 

The proposed change relating to the creation of two new parishes is proposed to take effect for 1 April 2026.

 

The proposed change moving the properties in Sheepwalk Lane to the Luttons parish cannot be implemented in 2026 without an election to that council in that year for a 1-year (as opposed to the standard 4 year) term to then align the parish council elections with ordinary elections in North Yorkshire. For that reason, it is proposed that the change in relation to moving the properties in Sheepwalk Lane to the Luttons parish take effect from April 2027 to coincide with scheduled elections to the parish council in May 2027. That way no existing Luttons parish councillors’ term of office has to be cut short and the cost of an election in May 2026 can be avoided with elections taking place as scheduled in May 2027.

 

 

 

 

6.0       ALTERNATIVE OPTIONS CONSIDERED

 

6.1       To not conduct a CGR and leave the Parish Council as is. This was not recommended as there is clearly a difficulty in getting individuals to come forward and stand for election or be co-opted on to the Parish Council.

 

7.0       FINANCIAL IMPLICATIONS

 

7.1     On the abolition of a Parish Council, North Yorkshire Council becomes responsible for the assets and liabilities of the Parish Council. It is understood from the Division member (who was also a member of the KG&DPC) that it has surplus funds to its liabilities. As set out at paragraph 5.3 above if a parish has no parish council, section 13 of the Local Government Act 1972 provides that the Chair of the parish meeting and the proper officer of the Principal Council (North Yorkshire Council) are the body corporate of the parish meeting and are known as “the Parish Trustees”.

 

The Parish Council owns no buildings or assets. It does have two bank accounts and it is understood that these accounts are in credit by approximately £6825 cumulatively as at the last statement date of 2021. It is also officers understanding that KG&DPC has an outstanding invoice being the sum of £600 to PKF Littlejohn in respect of audit functions dated March 2024. PKF Littlejohn have subsequently confirmed that the parish will now be categorised as a non-function parish for this purpose until the Community Governance Review takes place to dissolve the parish. Officers are not aware of any other outstanding invoices. Arrangements will need to be made to change the bank account name and the signing authority on the account for when the new administrative arrangements come into force on 1 April 2026. In keeping with the notion of Parish Trustees as mentioned above, it may be prudent that signing authority on the parish meeting bank accounts fall to the Chair of the parish meetings and that arrangements be made for financial balances and liabilities of the abolished parish council to be divided proportionally based on the population of the areas transferred to each newly created parish when they are created on 1 April 2026.

 

In the meantime, it is understood that KG&DPC is no longer claiming a precept.

 

8.0       LEGAL IMPLICATIONS

 

            Reviews of parishes and parish councils are governed by chapter 3 of Part 4 of the

Local Government and Public Involvement in Health Act 2007 (“the Act”). The Secretary of State for Communities and Local Government and the Local Government Boundary Commission for England have given guidance on community governance reviews in England.

 

Section 3 of the Guidance deals with making and implementing recommendations in community governance reviews and notes at paragraph 50 that the “views of local communities and inhabitants are of central importance”.

 

Paragraph 120 of the Guidance states that “Exceptionally, there may be circumstances where abolition may be the most appropriate way forward. Under the 2007 Act provisions, the principal council would need to consider local opinion, including that of parish councillors and local electors. It would need to find evidence that the abolition of a parish council was justified, and that there was clear and sustained local support for such action.”

 

In this case, the majority of the residents who responded have stated that they do support the abolition of the existing Parish Council and agree that, a more convenient means of community governance for the local area, would be for 2 parish meetings to be established in its place as described in this report and consultation documents.

 

 

9.0       EQUALITIES IMPLICATIONS

 

9.1       There are no equality implications arising from this report.

 

10.0     CLIMATE CHANGE IMPLICATIONS

 

10.1     There are no climate change implications arising from this report.

 

11.0     REASONS FOR RECOMMENDATIONS

 

11.1     The three stages of the CGR feedback suggests that the community are agreeable to the dissolving of KG&DPC and the creation of two parish meetings instead named Kirby Grindalythe Parish Meeting and Duggleby Parish Meeting.

 

11.2     The additional suggestion of moving the properties in Sheepwalk Lane to be included in the Luttons parish was also strongly supported. The residents of all the properties in Sheepwalk Lane will be contacted to ensure they are agreeable to this change.

 

 

12.0

RECOMMENDATION(S)

             

12.1

 

 

That Council are requested to approve:

 

·         The dissolving of Kirby Grindalythe and Duggleby Parish Council and replacing it with two parish meetings named Kirby Grindalythe Parish Meeting and Duggleby Parish Meeting, to take effect in April 2026

 

·         Amendment of the external boundary of Luttons parish to include the properties in Sheepwalk Lane (6) within Luttons parish which currently fall within KG&DPC (and will form part of the KG Parish Meeting area from April 2026) to take affect from April 2027.

 

·         That the Assistant Chief Executive (Legal & Democratic Services) be appointed to act on behalf of North Yorkshire Council as Parish Trustee of the new parish meetings of both (1) Kirby Grindalythe and (2) Duggleby with the Chairperson of those parish meetings (as and when appointed); and

 

·         That the Assistant Chief Executive (Legal & Democratic Services) be authorised to make Reorganisation of Community Governance Orders as appropriate.

 

 

           

 

ANNEXES

1 Responses from Stage 1

2 Responses from Stage 2

3 Responses from Stage 3

 

APPENDICES:

Appendix 1 – Terms of Reference

Appendix 2 – Original Kirby Grindalythe and Duggleby parish map boundary

Appendix 3 – Boundary map with separate Kirby Grindalythe parish and Duggleby parish boundaries identified

Appendix 4 – Map identifying the Sheepwalk Lane properties (6) to be included in Luttons parish

Appendix 5 – Draft reorganisation order KirbyGrindalythe and Duggleby

Appendix 6 – Draft reorganisation order KirbyGrindalythe and Luttons

           

Barry Khan

Assistant Chief Executive, Legal and Democratic Services

County Hall

Northallerton

 

 

Report Author:

Jennifer Norton, Assistant Director, Legal and Democratic Services

31 October 2025