Minutes of the Parish Council Meeting - 10 November 2004

Minutes of the Parish Council Meeting
Held on Wednesday 10 November 2004
at 7.30pm in the Meeting Point, High Bickington

Present:
Peter Tucker (Chairman), Mike Leatham (Vice-Chairman), David Brown, Stella Burrows, Jean Checksfield, Roger Keen, Myc Riggulsford

In attendance:
Mr Andy Hedges - North Devon Rail Users Group
16 members of the public
Di Carter - Clerk to the Parish Council

  1. Apologies for absence
    Apologies were received from Stan Parker and David Venner.
    The Chairman wished to send Stan Parker the Council's very best wishes for a speedy recovery following his recent operation.

  2. Minutes of the meeting held on 13 October 2004
    Subject to the following amendment the Minutes of the meeting held on 13 October 2004 were accepted and adopted by the Council: Page 429 - Item no 4 - Matters raised by the public - the first line should read "Barton Meadow Hall Site".
    The Chairman signed the Minutes.

  3. Matters Arising

    1. Refuse - The Chairman thanked residents for their patience and co-operation in dealing with the problems with refuse collections in the village. There have been no further reports of rubbish being dumped around the recycling area on the playing field.

    2. Parked Car -PC Hagan has informed the Clerk that he applied for the 7-day Council notice to have the car removed, this was actioned on 6 November. The Chairman thanked residents for their understanding and patience over this matter.

    3. BT Payphone - there has been no further communication from BT.

    4. Wessex Trains - Mike Leatham reported that the new timetable covering the next 2.5 months to December has been published and this shows no trains stopping at Umberleigh unless by request. He felt the situation had got worse.
      Mike Leatham introduced Mr Andy Hedges from the North Devon Rail Users Group. Mr Hedges said the Group is a voluntary one with approximately 200 members. The Group feels that Umberleigh is very poorly served and representations have been made about poor service. Future timetables are promised which will show an improvement, but Mr Hedges said at present there is no sign of this. They will continue to monitor the situation.
      The Chairman thanked Mr Hedges and said it was good to know that the Group was working hard on behalf of local people.


  4. Matters Raised by the Public
    Concern was expressed about a new development in Taylors Lane comprising stables and other buildings, also a caravan and other vehicles. The Chairman reported that the Parish Council had written to Torridge District Council asking that they investigate what is felt to be an unauthorised development. Following telephone calls to the Enforcement Officer concerned at Torridge it had been agreed that this matter would be put on their priority list, ensuring a visit to the site would be made within 7 days. Mike Leatham said a footpath running through the field was a cause for concern for walkers and their dogs as very lively horses are in the field and he felt some means of fencing the footpath will be necessary. The matter will be monitored closely. It was noted that the new owners of the field have said they will be submitting a planning application shortly.

  5. Police Matters
    PC Hagan's actions regarding the abandoned car had been noted earlier. Stella Burrows said PC Hagan had not contacted her about any further matters in the village.

  6. Matters Raised by the Chairman
    The Chairman reported that Roger Heath, Chief Executive at Torridge District Council, had accepted an invitation to attend the Parish Council meeting on 8 December 2004. The Chairman asked Councillors to forward to him or the Clerk any questions they would like to put to Mr Heath so that he can be made aware of them prior to the meeting.

  7. Parish Plan -

    1. Update November 2004
      The November update from David Venner was circulated. David Brown said that all residents should have received the leaflet regarding membership of the CPT.
      Following a question from Myc Riggulsford, David Brown said linking the school building into the roundhouse complex was proving difficult. They will still be linked, possibly by a pathway. Devon County Council will take responsibility for the plans for the school; a meeting is being held shortly when further details should be available.
      The planting of the woodland on 7th and 8th January 2005 was noted. Everyone is invited to take part.
      David Brown reported that he and Peter Tucker had jointly signed a letter to GOSW asking for an explanation for the hold up in the planning process.

    2. Meeting with High Bickington CPT - 21 October 2004
      The Chairman read a letter from Stan Parker stating that he would prefer the monies to be paid to the Parish Council until such time as a decision on the planning application for Little Bickington Farm is made.
      The Chairman reported that the payment of the £100,000 to the Parish Council would cause problems with much increased audit fees (approx £650). The Clerk has written to NALC via the DAPC asking for their legal advice on the 106 agreement, particularly regarding the repayment of any unspent monies.
      The Chairman reported that he had spoken to Mr Roberts, Chief Planning Officer at Torridge District Council, and had been told that the 106 is a legal agreement which would need to be changed if monies were to be paid to a third party. Mr Roberts said TDC have a legal duty to pay the money to the Parish Council. David Brown felt the 106 agreement could be amended by a Deed of Variation which should not be a costly exercise.
      Poltair have agreed in principle that they would be prepared to pay the monies to HBCPT but would need to take legal advice on this.
      It seems unlikely that the £100,000 would not be spent within the stated 10 years, infrastructure costs, architect's fees, planning fees, etc would all be legitimate building costs.
      Councillors agreed at their meeting on 8 October 2004 (Minute7(i)) that if the money is paid to the Parish Council, any interest earned could be used to pay the additional audit fees.
      Following a discussion when all aspects of the payment of the £100,000 to either the Parish Council or the HBCPT were considered the following proposal was made by Mike Leatham and seconded by Jean Checksfield: That the Parish Council writes to Poltair asking them to pay the cheque for £100,000 to the Council's agents, the High Bickington Community Property Trust, who will accept it on behalf of the Parish Council. Upon receipt of the funds the Parish Council will write to Poltair stating that the Parish Council agrees that the payment of the money to the HBCPT releases Poltair from their obligation under Section 2(4) of the 106 agreement. A separate cheque for £20,000 for play facilities at Barton Meadow Recreational area should be paid to the Parish Council.
      David Brown withdrew from voting on the proposal. Following a show of hands Councillors present who were eligible to vote agreed unanimously (6) to support the proposal. The Clerk was asked to write to Poltair.
      The Chairman reported that a request had been made for the working relationship between the Parish Council and the CPT to be written in a statement to avoid any future problems. It was agreed that this will be considered and presented at the next meeting on 8 December 2004.

    3. Meeting with Barton Meadow Recreational Area Group - 21 October 2004
      The Chairman reported that this group is moving forward. It may be that they will need to lease the land in order for them to have more opportunities to apply for further funding. An earlier lease had been drawn up - this will be considered with a view to it being used at this time. An amendment to cover insurance payments would need to be inserted.
      BMRAG will obtain quotes for £30,000 replacement insurance for the play equipment to compare with that obtained by the Parish Council. BMRAG would also need to take out public liability insurance on the site.
      The AGM of the BMRAG is to be held on 21 November and it is hoped a final decision on the way forward will be made at that meeting. The Chairman thanked the BMRAG for their hard work on the project and said the Parish Council will fully support them on whatever decision they make.
      A workshop is due to be held on 13 November and all Councillors are invited to attend.

  8. Highways and Maintenance
    The Chairman reported that the Parish Council has been informed that there is no money available to carry out the marked repairs in the village at the present time. Some temporary repairs have been made and the Clerk was asked to thank Highways for this work. The Clerk was also asked to report serious problems in the road by Howards Cottage. The position regarding highways matters will continue to be monitored closely.
    Jean Checksfield said the Lengthsmen had visited the village and the work had been carried out satisfactorily.
    The footpath across the field in Taylors Lane reported earlier urgently requires an 8'-10' gate. Roger Keen was asked to obtain 2 quotations from local sources. Councillors agreed that the Finance Committee be allowed to make a decision on this when the quotations are received.
    It was felt that the footpath needs fencing and there was some discussion as to whose responsibility this was and whether the Parish Council should install the fencing. Roger Keen will ask Mr Rowlands, the footpath officer, to visit the site and give his advice on the best way forward.
    Bus shelter - the Chairman will contact Maurice Ridd about future maintenance of the bus shelter.
    There were no further reports.

  9. Finance
    The financial statement as at 30 October 2004 was approved and accepted by the Council. The payment of two cheques totalling £356.72 was authorised.

    Precept 2005/06
    The Chairman reported that with the loss of funding from Torridge District Council the Parish Council will incur increased costs to sustain maintenance work and other expected overheads in the village. The Precept will be spread across a larger number of households with the development at Fountain Fields.
    It was agreed that a final budget and precept figure will be presented to the meeting on 8 December 2004 when it should be clear what the situation will be regarding expenditure at the Barton Meadow Recreational area.

  10. Planning

    1. Applications received before the meeting:

      1. 1/2054/2004/FUL
        Utility room extension, extend bedroom over roof terrace, conservatory Aylestone House, High Bickington Mr & Mrs Underhill DECISION: The Council supports this application.

      2. 1/2066/2004/OUT
        Proposed dwelling
        Land adjacent 1 Cross Park, High Bickington
        Mr B & Mrs J O'Regan
        Following a discussion Councillors decided by a show of hands to oppose the application on the grounds of an unsuitable access and loss of mature trees:
        To oppose the application: 5. In favour of the application: 1. There was one abstention.
        It was felt it would have been beneficial to know whether the proposed dwelling would be a house or bungalow.

    2. Planning decisions:

      1. 1/1801/2004/COU - GRANTED
        Extensions to form en-suite bathroom and conservatory.
        Little Silver House, High Bickington
        Mr & Mrs Dormer

    3. Planning application for proposed Biomass Power Station on Winkleigh Airfield:
      The Chairman reported that the planning application was submitted to Torridge District Council on 21 October 2004. Torridge have agreed that High Bickington Parish Council will be consulted but a copy of the application has yet to be received from them. The period for responses has been extended to 15 December. The Chairman felt that the Parish Council should only comment on matters relevant to High Bickington and he felt the Transport section of the application had serious implications for increased heavy goods vehicles through the village. The type of fuel to be burnt is also of concern.
      The Chairman urged everyone to study the application and gain as much information as possible, referring their comments to him or the Clerk. A draft letter of response will then be prepared for consideration at the meeting to be held on 8 December 2004. It was also agreed that the Clerk be asked to write to Highways expressing the concern about this proposed development and its likely impact on the village.

  11. Correspondence

    1. Letters of thanks for grants have been received from The Meeting Point, HB Play Area Group, HB Parochial Church Council, HB Methodist Children's Club and HB Judo Club.

    2. TDC - Development Control Charter and Revised Scheme of Delegation - noted and circulated.

    3. TDC - Code of Conduct - Standards Committee - noted and circulated.

    4. TDC - Notice of meetings re Licensing Act 2003 - noted and circulated.

    5. SLCC - Notice of SW Regional Conference for Clerk and Councillors - Friday 3 December 2004. The subject will be Fundraising and Project Management.

    6. Torridge Voluntary Services - notice re meetings on funding for community project - noted.


  12. Outstanding Matters
    There were no outstanding matters.

  13. Items for Information
    These have been covered in relevant items in the Minutes.

  14. Date of Next Meeting
    Wednesday 8 December 2004 in the Meeting Point at 7.30pm.