Decision

Decision as to the election to be held inof Birchington Parish South and Birchington Parish North in accordance with the timetable below:

Publication of Notice of Election- Thursday 22 January 2026

Day of Poll  - Thursday 26 February 2026

Reasons for the decision

During the May 2023 election following a discussion with the Chair of the Parish Council, a decision was taken in error to delete the ‘north’ and ‘south’ on the electoral system and turn the Parish Council into one ward with 10 councillors. In accordance with the provisions contained in section 48(2) of the Representation of the People Act 1983 and in the absence of a challenge to the validity of the election, the election was deemed valid. On the 10 July 2025 the Council considered whether to exercise its discretion under section 39 (4) of the Representation of the People Act but in view of the deemed validity of election took the view that in the aforementioned circumstances this was not necessary.

On 8 September 2025 a Councillor resigned from the Parish Council. Because the Parish is not properly constituted it is not possible to know from which ward he had resigned. As a result, the mandatory legal requirements that are triggered by his resignation could not be progressed. Full Council was therefore asked once again to consider its powers under section 39 (4) and exercise its discretion in favour of an election so that the necessary statutory provisions following the resignation of a Councillor could be progressed. Council took the decision that all further decisions pertaining to arrangements in connection with this election be delegated to the Chief Executive.

Every effort has been made to find the first available and practicable date for the calling of an election so as to cause residents and councillors the minimum disruption. Consideration has been given to the fact that an election, if it were to be called at the first available date following the decision of Full Council, had the potential to cause a hiatus in the budget setting process, should carry weight when considering the election date.

Careful consideration has been given to all that is involved in the setting of the budget in Birchington Parish Council, and having done so I have made the decision to call an election on the first practicable date after the conclusion of that process.

Alternative options considered

Consideration was given to calling the election at the earliest possible date. This would have meant calling the election in the middle of what is a complex budget setting process. This could not only have prejudiced incoming councillors but also had the potential to impact residents in the event that the budget was not a suitably robust and compliant.