Can a Parish Council spend money on a project in the adjacent Parish?

Question

I am putting forward a proposal to two local parish councils regarding a permissive path to connect the two communities.

Should the project gain the requisite landowner support, financing the project will be key. The path would be 100% within Parish A, but would significantly benefit Parish B, which has the larger population and within which the community has expressed a desire to be able to walk to Parish A.

Could Parish B thus contribute funds to the scheme, even though it was located wholly within Parish A, on the basis that it would benefit residents living in both Parishes?

Answer 1

Yes, the PC could provide grant funding. However, whether they will or not depends on among other things their grants policy.  It is possible that the policy might prohibit funding projects outside the parish - our policy does - even if it would benefit residents.  You should be able to check this on the PC website.

Comments

I note the grants policy does say "Only organisations can apply for funding, not individuals. Whilst the parish council will consider applications from organisations outside the parish, funding must be demonstrably for the benefit of the inhabitants of the parish."

Which I believe is an encouraging start.

Answer 2

Agreed El Capitan answer

Worth looking at https://www.legislation.gov.uk/ukpga/1980/66/section/43

The reference does however say within the parish. 

Answer 3

And also

https://www.legislation.gov.uk/ukpga/1976/57/section/19

Comments

I would have thought either s19 or s137 could be argued .  I would however advise with a permissive path to get a written agreement drawn up  which should spell out maintenance responsibilities etc .  Alternatively PCs have powers to dedicate PROWs under Ha1980 S30 and take on costs themselves

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Haven’t looked at your references but I also noted https://www.legislation.gov.uk/ukpga/1980/66/section/43 although that does appear to specify within the parish or community. If you were being overly liberal in the interpretation you could argue the neighbouring parish was actually an inter connected element of “community” but I wouldn’t want to try and rely upon that if challenged since I think the meaning of “community” in this sense is community council.
Either way, it looks like there are enough potential authoritative references to justify a PC spend and I also agree your point about maintenance agreement given that it appears, from the OP, to be privately owned / permissive.

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S43 would of course apply to PROWs which should appear on the the Definitive Map as a public footpath .   A permissive path is just that i.e. permission is given and can be taken away .  Having said that any wise landowner should make a "landowner deposits" ( HA 1980 S31  (6) ) declaration to protect himself .  As I said get a written agreement drawn up