1Minutes for meeting of Rockbeare Parish Council 22/2/12
ROCKBEARE PARISH COUNCIL
Minutes for a meeting of Rockbeare Parish Council held at 7.45pm on Wednesday 22nd February 2012 at Marsh Green Village Hall.
Present: Cllrs David Miller (Chairman), David Mason (Vice Chairman), Naomi Allen, Colin Please, Dr Bryan Pepper, Jonathan Allen, PC Dave Smith and PCSO Trail and one member of the public.
Apologies: Cllr Shaun Forsyth,Cllr Derek Button (District Councillor), Cllr Peter Bowden (County and District Councillor).
All councillors are politely reminded of their obligation to declare interests under the Code of Conduct
1.1APOLOGIES: To receive apologies for absence. AS ABOVE
1.2MINUTES: Minutes of the last meeting of Rockbeare Parish Council held on Wednesday 11th January 2012 to be signed as a correct record of that meeting. AGREED
1.3DECLARATIONS OF INTEREST & RISK ASSESSMENT: To receive declarations of interest and to note any additional risks. Cllrs Naomi and Jonathan Allen declared a prejudicial interest and wishes to abstain from the vote on preschool funding application, as they do not believe they are beneficial to children.
2PLANNING
http://planning.eastdevon.gov.uk/PublicAccess/tdc/DcApplication/application_searchform.aspx for details
2.1 DECISIONS (for information)
2.1.111/2750/FUL SWH Rockbeare Hill – permission granted forconstruction of new vehicle workshop building
2.2APPLICATIONS (for comment, support or objection)
2.2.111/2231/MOUT McBains Antiques Exeter Airport – redevelopment of site with 15 light industrial units (B1 use class) including parking and access works (outline application reserving details of layout, scale, appearance and landscaping) COMMENTS; none
2.2.212/0015/VAR Site of Cranbrook New Community Phase 1 Younghayes Broadclyst – variation of condition 3 of planning permission 11/0926/MRES to amend proposed playing pitch levels and position and proposed changes to hard surface materials and consequential changes to earth mounding on public open space COMMENTS: none
2.2.312/0151/FUL 1 Nursery Cottages, London Road – construction of single storey extension to rear elevation. COMMENTS: none
2.3Harvey Garner from Devon & Cornwall Police offered out of courtesy to meet with Councillors, to discuss the planning application for the police helicopters base at Exeter Airport on Monday 13th February at 7.30 pm at Clyst Honiton School. Report from David Miller reported that David Mason and he attended the meeting with Harvey Garner, Mike Leach and Ian Payne, who explained that the hope to move the police helicopter base from Middlemoor to the Airport, there were concerns over additional noise, but it is noted that there is a building and tree buffer between the site and the village. It was felt that they were quite open with their discussions and were happy to speak with the parishes again, the site might also include a separate application for fire fighter training so we will await the further application. It was felt that the parish need make no representation at this stage.
2.5Cranbrook Joint Parishes Meetings –Next Senior Officers review meeting is scheduled for 26 April 2012 14:00-16:30 at the Committee Room, Knowle, Sidmouth
2.4 DALC Planning events - Are you interested in the planning decisions that affect your area? Not sure how to
get involved or who the decision makers are? Want to know more about Neighbourhood Planning?
Then this is the event for you! 3 half days sessions areopen to both local councilsand members of the public.Sessions will take placefrom 10.00am to 1.00pm.
Wed 29th February 2012 The Watermark, Ivybridge
Tues 6th March 2012 The Okement Centre, Okehampton
Wed 14th March 2012 Best Western Tiverton Hotel, Tiverton
To book email or contact the clerk for details.
2.5Grange – further enforcement letter sent reminding owner of compliance required by 17th September 2012.
Email from Andy West after a request for an update:
As you are no doubt aware a number of Enforcement Notices have been issued on this site to try and rectify breaches of planning control. The Notices have required the land owner (Mr. Shorland) to cease using an area of land to the front of The Grange for the operation of an airport car parking business and to remove security lighting and cctv cameras; this work has been carried out and the business use has ceased.
A further notice was also issued which directed Mr Shorland to remove hardcore/builder’s rubble from the site, along with vehicles and building equipment that he was also storing on the site. Whilst I appreciate that this Notice has not been complied with and the rubble still remains on site, this is due to the fact that the owner has advised us that the hardcore is being used to replace tracks which previously existed throughout the higher part of the site (there is photographic evidence that has been produced by the owner to support this, and the Council is also in possession of historic aerial photographs which seem to show some form of tracks on the site). These remedial work are considered to be preferable to the removal of large amounts of hardcore by HGV trucks from the site, which will have an impact on the amenity of the surrounding area (as they did when they were brought onto the site).
The continuing storage of the rubble on the land is also linked to the issuing of the final notice for the site which involves the re-profiling of the land closest to the stream (that was proposed to be used as a gypsy and traveller site). Although this notice was issued some time ago, the Enforcement Notice does not become effective until September 2012 (due to the fact that ample time had to be given to the owner to obtain the correct licenses from Natural England to carry out works in the area [the area in question is identified as a great crested newt habitat and as such work in such an area requires a specific licence]). When the necessary licenses have been obtained the land owner intends to re-profile the land as directed by our enforcement notice and use the aforementioned rubble to continue the access tracks that were previously on the land. It is therefore inevitable that even if the tracks at the top of the site were completed that the need to store the machinery and the remaining material would continue until at least September of this year so that these items can be used for the laying of the tracks at the bottom of the site. It is therefore not considered expedient for the Local Planning Authority to commence prosecution proceedings for the non compliance with the second enforcement notice as it seems extremely likely that the entire situation will be resolved by virtue of works being commenced on the lower part of the site and/or compliance with the Notice that relates to this area.’
‘The Council is of course aware that the investigation into this case began in 2009 and that the appeals were decided in 2010. As stated in my previous email since this point the use of the site for airport car parking has now ceased and the items which were associated with this business have been removed from that particular site. In addition, works have been undertaken by the land owner to re-instate the tracks that previously existed on the higher part of the site. These works are all but complete, and as such the crushed hardcore/rubble that is still stored on the site is awaiting use in the lower part of the site. The machinery on site is used in the transportation of this material (around the site) and the construction of the tracks. It therefore does not seem expedient for us to ensure that this machinery and material is removed from the land, for it only to be brought back to the site for use in September in order to comply with the enforcement notice for the lower part of the site (both operations would be noisy and have an impact on the amenity of the surrounding area, which is something that we have previously received complaints about from residents in the surrounding area and are therefore mindful to avoid.)
The Council fully appreciates the concerns of local residents about the effect that the works to the lower part of the site may have had on flooding issues and this is one of the main reasons that the Enforcement Notice to re-instate the land was issued. However, as you will hopefully understand, in order for an enforcement notice to be issued and to be legally sound, there are a number of set procedures that must be followed. Given the fact that an ecological survey of the site identified it as a habitat for newts, the enforcement notice had to be issued in such a way that it gave the land owner ample time to apply for and receive the necessary licences from Natural England to allow him to carry out the works that we require him to do to comply with the Notice (if he were to attempt to comply with the notice without the required licences he would be committing a criminal offence and as such we have to tread very carefully). I fully appreciate that it may appear that the safety of newts has been considered over the safety of people’s homes, but unfortunately central government legislation regarding protected species (such as great crested newts) dictates the line which we must follow in cases such as this and unfortunately we sometimes find ourselves bound by this legislation. You should however note that the advice we have been given by the Environment Agency is that while they object to the loss of the flood water storage capacity at the site, its effects should not be exaggerated since flood risks in the village are largely a reflection of the channel capacity through the village.
The Enforcement Notice for the lower part of the site should be complied with by 17th September 2012. If the required works have not been carried out by this time then the land owner will be open to prosecution for non-compliance with the aforementioned Enforcement Notice and would therefore be liable for a fine of up to £20,000. In addition, if he continues to not comply with the Notice then the Council does have the power to seek to resolve the matter through direct action and re-charging the owner of the land for the cost of the works. In order to provide you and the members of the Parish Council with a precise update as to the land owner’s progress in obtaining the necessary licences and to confirm his intention to comply with the Notice I will be writing to the land owner asking him to submit written details of his progress in this matter. As Parish Clerk, you would be copied into my letter as a matter of course and as soon as I am in receipt of a response I will make you aware of the details.’
Further letter to be drafted by the Chairman.
3 HIGHWAYS
3.1 Highways & Footpaths - Marsh Green bridleway possibilities are being looked at by a member of the public. Gribble Lane and Rag Lane there are potholes.
3.2 DCC TEMPORARY 40MPH SPEED LIMIT B3174 [OLD A30], CLYST HONITON, BROAD CLYST, ROCKBEARE
From THURSDAY 2 FEBRUARY 2012 for a maximum of 18 months anticipated finish THURSDAY 1 AUGUST 2013
3.3 Parsons Lane – update from Peter Bowden ‘I understand that Anti Skid areas are to be attended today (20th), the night audit is imminent and the roundabouts should be open very soon. I understand the lighting (power) problems have been overcome. The issue re Parson Lane is being discussed and I hope for an answer soon.’
And DCC Highways - The lights on the roundabout and the closure of Parsons Lane will be removed after the site/s has passed it's safety audits. As I understand it, the main delay in this happening has been the street lighting requirement, but I understand that this is now completed and a night time audit is now required / being planned. I can understand peoples frustrations at the lights and closure remaining for what appears to be no reason, and the recent press release (annoyingly) doesn’t cover the extended stay of the lights at the roundabouts.
If there are issues with the signs at the village end of Parsons Lane (not something I have been made aware of) then residents can either ring DCC 0845 155 1004 or the applicants direct - I would double check the info you have for the closure for the correct number to use. CJ Ltd (the main contractors) have been checking signs etc on a regular basis, and I myself have checked on them a few times, so they aren’t completely ignored.
This issue will be raised at the next Cranbrook senior officers meeting and it will be asked what they will do to prevent this happening again. In the short term David Miller will contact Bill Richardson to see what his role in road issues are.
4REPORTS
4.1Community Policing – PC Smith and PCSO Trail attended the meeting and reported that they have uncovered a cannabis factory in central Rockbeare, but there were no other crimes this month.
4.2Health and Safety – To accept items for action – Stoneylands there is a chestnut paling fence is falling over and being played on by children, this is a hazard and believed to be owned by DCC or EDDC – clerk to investigate.
4.3Parish Field – to receive report – hedges are cut
4.4Playing field – Rockbeare Village Hall – new lease is expected to be signed in the next 10 days.
4.5District Councillor Derek Button – no report this time
4.6District & County Councillor Peter Bowden– no report this time
4.7Rockbeare School – no report this time
4.8Exeter International Airport Consultative Group – chief executive is to attend the next meeting.
5FINANCE
5.1Funding applications
5.2Rockbeare School – letter requesting full or partial funding to assist the marking of the playground cheapest quote so far is £1920 plus VAT clerk requested further information on what benefits this might provide to children this is being circulated. It was agreed to donate £1000.
5.2.1Preschool – request for revenue funding due to single intake and other factors for consideration.
5.3Receipts; none
5.4Payments:Rockbeare Roots (January 2012)£190.00
Royal British Legion wreaths£36.00
TTS equipment for preschool (£538 ex VAT)£700.45
D Miller reimburse expenses £101.74
Rockbeare school playground markings £1000.00
Cheques agreed: Balance of account at 1/2/12Co-op account £16249.70
5.5Bank signatory forms for completion
5.6Ken Abraham Internal Auditor – renewal of five year fixed fee agreed subject to government guidance for the coming year.
6ENVIRONMENT/COMMUNITY FACILITIES
6.1Allotments & registration of land – this is currently being mapped.
6.2Parish Field – agreed to continue the same grass cutting schedule for the coming year.
6.3Housing Needs Survey – Wainhomes s106 is still being negotiated and we await the outcome in terms of social housing
6.4Parish Plan – the team were congratulated on publishing the plan and thanked for all their hard work. It was discussed that the Annual Parish Meeting could be a good forum for the next part of the discussion.
6.5Flood group – Mr Randall had a meeting with Keith Steele of EDDC, this was also attended by Cllr Pepper EDDC have added a further £20,000 to the fund, and the doors have been fitted to a higher specification, there are a few items outstanding, but there are many people happy with what has been achieved.
6.6Church Graveyard – David Miller has not yet written to the Arch Deacon
6.7Sports Relief - Mile events, which are essentiallyfun-runs, not dissimilar to the parkruns, will take place
nationwide on Sunday 25th March 2012 when hundreds of thousands of people will come together to walk, jog or run 1, 3 or 6 miles, do the parish council know of anyone who might organise an event in the parish?
6.8School Admissions - consultation regarding school admissions and transport will be available for review and
comment to 1 March 2012 at www.devon.gov.uk/admissionarrangements. The comments of Members and representatives of the local community are welcomed. Please mark any response “ADMISSION ARRANGEMENTS 2013” All parents and community groups are invited to review and comment on the proposed admission arrangements for Devon schools. Their views are also welcomed and may contribute to decisions on how Devon and Devon schools will manage access for children.
6.9Letter Received from Lord Lieutenants Office –
‘A special Service is being held at Exeter Cathedral to celebrate the Diamond Jubilee of HM The Queen on the afternoon of Sunday 27 May 2012. There will also be two special Garden Parties one held prior to and the other following the service, should attendees wish to participate.
It is hoped that as wide a range of people from across the width and breadth of the County of Devon will be able to attend to celebrate Her Majesty’s most impressive achievement of 60 years’ selfless service and duty to her Country. We are also hoping that the media will play an important part on this special day.