Minutes of the Parish Council Meeting
Held on Wednesday 8 July 2009
In the Meeting Point, High Bickington at 7.30pm

Present:
Myc Riggulsford (Chairman), Chris Brown, David Brown, Stella Burrows, Roger Keen, Mike Leatham, Stan Maskell, Peter Tucker.

In attendance:
Devon County Councillor - Andy Boyd; Ros Davies – Footpaths Officer, Devon County Council; PCSO Sandra BrownDavid Venner – Community Property Trust; 39 members of the public; Mrs Di Carter, Clerk

The Chairman welcomed County Councillor Andy Boyd, Ros Davies - Footpaths Officer DCC, PCSO Sandra Brown and members of the public.

Police – PCSO Sandra Brown updated on local issues and reported a theft of garden urns from a barn. She urged residents to ensure all outside buildings are secure. Stella Burrows emphasised the importance of reporting any suspicious activities immediately to Police on 08452 777444, this ensures the incident is logged and will be dealt with. There were no further questions for PCSO Brown. The Chairman thanked her for her continued support and PCSO Brown left the meeting.

Newly elected County Councillor Andy Boyd reaffirmed his election pledge to work closely with local communities and said he can be contacted by any resident on his County Council e-mail address – andy.boyd@devon.gov.uk. He is currently busy learning the details of his role and he hopes to attend Parish Council meetings regularly to update on County Council matters. Councillor Boyd agreed to match fund District Councillor James Morrish’s £300 towards the cost of updating the High Bickington Directory. The Clerk will contact him and complete the necessary paperwork. The Chairman said the Parish Council looks forward to working closely with Councillor Boyd.

Ros Davies – footpaths officer at Devon County Council said her role is to work closely with local parishes to whom a small grant of £175 is given annually towards the upkeep of footpaths and bridleways. She agreed to look into the possibility of supplying a gate for the community woodland to replace the one damaged by vandalism. If a gate is available it will be delivered to David Venner who will arrange to install it. Ros Davies also agreed to walk the bridleway at Old Park and contact the landowner if she feels work is needed to improve fencing alongside the field where horses are kept. Several members of the public reported incidents where they have felt intimidated by the horses.
The Chairman said Councillors were grateful for this help and support and thanked her for attending. Ros Davies left the meeting.

Presentation: Possible sale of the Barton Meadow Hall site to help finance the Little Bickington Farm project. Before the presentation commenced the Chairman outlined to members of the public the Standards Code of Conduct rulings on Councillors’ declaration of interests on this matter - this followed advice sought from the Devon Association of Parish Councils and Torridge District Council’s Solicitor and Standards Officer. The advice given was as follows:

David Brown - personal interest as Chairman and director of High Bickington Community Property Trust plus what may be perceived to be a prejudicial interest as the best interests of the Community Property Trust may conflict with best interests of the Parish Council. No personal financial gain as Community Property Trust is wholly owned by High Bickington community; can speak at any stage in proceedings when public allowed to speak; can give factual information in presentation, but should not seek to influence councillors’ decisions; must leave the room when Parish Council discusses item in formal meeting and makes decisions on disposal of Hall Site.

Mike Leatham - personal interest as appointed Parish Council representative on High Bickington Community Property Trust, and as a director of the Trust; not prejudicial interest as solely representing Parish Council interests; can speak and vote at any stage of discussions and decisions including formal agenda items.

Chairman and other councillors - personal interest as member of High Bickington Community Property Trust, and because the CPT has been appointed formally as the Parish Council’s agent to progress aspects of the Parish Plan, previous rulings by Ken Miles (Torridge District Council Solicitor and Standards Officer) say this is not a prejudicial interest. Therefore all can speak and vote at any stage of discussions as can non-CPT member councillors.

Chris Brown - arguably has personal interest as lives near the Hall Site and his children currently use the Hall Site along with other children. This is not a prejudicial interest as same facility is open for all children in village. Hall Site always considered for development as hall or housing and no personal financial gain either way on decisions, so can speak and vote at any stage of discussions.

The Chairman explained that the High Bickington Community Property Trust is an Industrial & Provident Society wholly owned by its c200 local members and has been appointed formally as the Parish Council’s agents to progress aspects of formally adopted Parish Plan including development of Little Bickington Farm site.

The Chairman outlined the situation of the Hall Site and the Car Park land and the covenants currently covering the land. There is also a small strip of land which runs alongside the Hall Site and was purchased by the Parish Council from Mrs Harpum.

The Community Property Trust’s terms of reference were explained. Membership is restricted to people living in the parish and those having a strong connection to it. The CPT was appointed as the Parish Council’s agents in 2004 to take forward the day to day implementation of the Parish Plan, which includes the provision of a community hall, school, affordable housing, workshops, open market housing and possibly, in the future, a new health centre.

Mike Leatham introduced the presentation on the Little Bickington Farm project and outlined the work of the Community Property Trust. Importantly, because the affordable housing is under the control of the Community Property Trust it will be possible to ensure that local people and those with a strong connection to the village only will be eligible to apply for this housing. He encouraged people to ask questions during the presentation to ensure clarity.
He handed over to David Brown to give the Powerpoint presentation. Paper copies were made available for members of the public to take away. The presentation included:

1. A brief history of the project
2. Slides showing the site to be developed and the acreages involved
3. The detail of the planning approval showing approval for 16 affordable houses, 23 open market homes (including 5 barn conversions), 6 workshops, community hall, sports pitches and changing rooms, 120 place primary school, Biomass district heating plant to serve the whole site and a site for the future health centre. Allotments will also be provided. Artists’ impressions of the site plan, market housing, affordable housing, barn conversions, school and community buildings.
4. Details of contract with Devon County Council
5. Current position showing planning approval gained subject to planning agreement with Torridge District Council (S106), land transfer contract in place, phase 1 build cost agreed and firm budget costs for the remainder of the scheme including the school. A full business plan is being worked on and grant and other funding applications made. It is hoped to start on phase 1 later in the year; this includes 16 affordable housing units, 6 serviced market sale plots for “off plan” buyers, biomass heating plant, 2 workshops and 2 sites for sale to prospective self builders, part of the road infrastructure and the majority of the drainage infrastructure.
6. Funding appraisal shows a total project cost of £11.6million, to be raised in a number of ways. An estimated amount of £100,000 is shown as possible income on the sale of the hall site for budget purposes.
7. Details of current agreements on Barton Meadow Hall site – covenants are in place to prevent the site being used for any purpose other than a village hall and car park. Pearce have previously offered to develop the site jointly with the Parish Council. Confirmation of sale value will be necessary to allow the Community Property Trust to apply for matched funding. David Brown raised the point that under new judicial review laws Pearce could be entitled to take the land back after 10 years without payment if a hall is not built on the site.

Members of the public raised a number of questions during the presentation and these were answered. Some questions were raised about the size and standards set out for the new school. Chairman explained that neither the Parish Council nor the Community Property Trust has any control over provisions for a new school – this is under the direct control of the Education Authority and any queries should be addressed to them.

Members of the public raised a number of questions on the possible sale of the Hall Site:

1. What is the sale value of the land?
   The value of the land would be negotiated at current values – it was valued 2 years ago at £135,000 if Pearce developed it alone, but land values have dropped considerably since then.
2. Why can’t the hall be built on the current site?
   Following a previous investigation it was found that after providing necessary car parking facilities and access roads the land remaining would not be sufficient to provide a hall of an acceptable size, therefore it is felt the site is not suitable for this purpose.
3. Could the covenants on the land be removed and the land sold on the open market?
   This would need to be negotiated but is unlikely to get agreement from Pearce.
4. What control over the development does the Parish Council have if Pearce buy the land back?
   This would need to be negotiated and joint development could be considered to ensure the Parish Council has more control over it.
5. A number of questions related to concerns over the possibility of the copse and the hedge being removed.
   This will need to be discussed with Pearce and dealt with in any planning application submitted.

Some people regretted and questioned the need for a new school, new housing etc, but a number of people felt the village has to move on and improved facilities should be provided for present and future generations.
The Chairman thanked members of the public for taking part in the discussion, which he felt had been very helpful to Councillors when considering the possible sale of the Hall Site land. The matter will now be dealt with in the formal Parish Council meeting following.

The formal meeting was convened at 9.55pm.

1. Apologies for absence
   There were no apologies for absence.


2. Declarations of Interest
   Following advice sought from the Devon Association of Parish Councils and Torridge District Council (listed above) the following declarations of interest were made in order to comply with the national Standards Code of Conduct:
   David Brown declared a personal and prejudicial interest in agenda item 5(3)
   Mike Leatham declared a personal interest in agenda item 5(3)
   Chris Brown declared a personal interest in agenda item 5(3)
   The Parish Council has corporate membership of the Community Property Trust and Myc Riggulsford, Stella Burrows, Chris Brown, David Brown and Mike Leatham declared their individual membership.
   


3. Minutes of the Annual Parish Council meeting held on held on 10 June 2009
   The Minutes of the meeting held on 10 June 2009 were agreed and adopted by Councillors and the Chairman signed the Minutes.
   


4. Matters Arising from the Minutes of the meeting held on 10 June 2009
   There were no matters arising.


5. Parish Plans
   
   1. There was no July update.
   
   
   2. Funding from Devon County Council Footpaths for replacement gate at Community Woodland. Ros Davies has agreed to look into the provision of a new gate (details above).
      The Chairman suspended the meeting to allow David Brown to answer a query on the urgency to finalise a decision on the sale of the hall site. David Brown said the monies would not be required in the immediate future but a promise of funds would be required to enable discussions to take place on matched funding and securing loans.
      David Brown left the meeting and the formal meeting was re-convened.
   
   
   3. The Chairman opened the discussion on the sale of the hall site by stating he felt there were 3 options available to Councillors:
      1. Sell the land to Pearce now.
      
      
      2. Enter negotiations to co-develop the site with Pearce in order to take account of the public concerns about its future development.
      
      
      3. Do nothing and risk possible reclaiming of the land by Pearce without payment.
      
      It was agreed that the 3m strip of land adjoining the Hall Site purchased from Mrs Harpum by the Parish Council should not be included in the land under discussion. The land under discussion is considered to be unsuitable in size to build a village hall and car park.
      An approach has been made to the Parish Council by a resident to purchase the present Car Park land alongside the churchyard but it was felt this could not be taken further at this time due to the covenant in place restricting its use to a car park.
      
      Decision 1: Following a discussion Councillors present and eligible to vote (7) agreed to explore the possibility of co-development of the site with Pearce in order to take on board residents’ concerns. Mike Leatham will arrange a meeting with Pearce to take this forward – Chairman, Mike Leatham, Chris Brown and Stan Maskell to attend.
      
      Decision 2: Following the meeting with Pearce an independent valuation of the land will be sought.
      
      Decision 3: Following the meeting with Pearce and advice from the Auditor the Clerk will seek legal advice on the Parish Council’s position if the land is sold to ensure best practice is followed in safeguarding the Council’s assets.
      
      David Brown returned to the meeting.
   
   


6. Police Matters
   Stella Burrows had nothing further to report.


7. Barton Meadow Recreational Play Area
   
   1. ROSPA Inspection – Chris Brown reported that the inspection had shown only minor repairs necessary and these are in hand.
   
   
   1. Devon Bank repairs – this work is still outstanding.
   
   
   2. Memorial Seat – there is no further information on the siting of the seat.
   
   
   
   
   2. Matters raised by the Chairman
      The Chairman had nothing to report.
   
   
   3. Maintenance
      
      1. Highways – Some resurfacing work has been carried out on the Atherington road. Other repairs are still outstanding. The Clerk will continue to follow this up.
         Peter Tucker reported drainage problems outside Doric in North Road. The Clerk will report this.
      
      
      2. Footpaths and Byways – Roger Keen had nothing to report.
   
   
   4. Finance
      
      1. Accounts as at 29 June 2009. These were agreed, accepted by Councillors present and showed a bank carry forward figure of £12,180.59 following authorisation for payment of the cheques listed below:
         100253 K Abraham – auditor £170.00
         100254 DAPC – membership shortfall (VAT) £14.30
         100255 D Jones £60.00
         100256 D Carter £297.50
         100257 Woodbills Ltd – play area repairs £12.48 £554.28
         
      
      
      2. Council insurance – The Clerk reported that the policy has been received from Came and Company and is in order.
      
      
      3. Audit of Accounts – the Clerk reported that the audit was carried out on Monday 30 June 2009 and there were no issues raised. It now goes to the Audit Commission for final approval.
      
      
      4. High Bickington Directory – Funds have been pledged from Andy Boyd, County Councillor and James Morrish, District Councillor to a total of £600 to update the High Bickington Directory. David Brown will advertise in Ramblings for someone to take on the work of updating the information.
      
      
   
   
   5. Planning
      
      1. Applications:
         
         1. 1/1382/2009/FUL
            Part demolition and replacement of existing building
            Kingsford Hill House, Forest Park Lodges, High Bickington
            Mr Rodney Smith
            Decision: The Parish Council supports the application but would like to see the retention of the trees on the north and east side as well as the laurel hedge.
         
         
         2. 1/0599/2009/CPE
            Non compliance with condition 3 of planning permission 1/1613/8/27/1 (Agricultural workers occupation)
            Gratleigh, High Bickington
            Mr & Mrs D’Olley
            NB – this is not a planning application – Certificate of Lawful Development only
            Decision:The Parish Council feels that the statements made are correct.
            
      
      
      2. Decisions: No decisions had been received.
      
      
      3. Wixland application: a copy letter had been received answering queries raised regarding the application. The papers were put in circulation pack and it was decided not to respond.
      
      
      4. New Planning Policy and planning form: Councillors unanimously agreed to adopt the policy and form. A copy of the policy will be put on the website.
      
      
   
   
   6. Correspondence
      
      1. TDC – copy of Secretary of State’s approach to decisions in relation to proposals for Unitary Structures in Devon, Norfolk and Suffolk – request for circulation to Councillors – in circulation pack.
      
      
      2. Vitalise – request for funding for providing respite breaks for disabled people. Clerk to respond with regret that we are not able to allocate funds to organisations outside of the Parish.
      
      
      3. TDC – Amendment to Dog Control Measures – for consultation – in circulation pack for comments.
      
      
      4. DAPC – notice of conference for Parish and Town Councils “Empowering Communities in Devon” – Wednesday 22 July 2009 at Sandy Park, Exeter – noted and in circulation pack
      
      
   
   
   7. Items for information
      
      1. The Clerk will circulate a notice regarding grant applications from local organisation for consideration in September.
      
      
      2. Dates for diaries:
         29 August 2009 – Village Fete
         9 September 2009 – Church Fete
      
      
      3. The Clerk was asked to contact the Clerk at Atherington Parish Council to again request copies of their Minutes.
      
      
   
   
   8. Date of next meeting:
      Wednesday 9 September 2009 at 7.30pm in the Meeting Point, High Bickington.
      
   
   

   There being no further business the meeting closed at 10:55pm.