Leigh Parish Council s3
LEIGH PARISH COUNCIL
Minutes of the leigh PARISH COUNCIL MEETING held in the Small Hall,
High Street, Leigh on Monday 4tH MARCH 2013 at 8.00pm
PRESENT: Cllr P. Croft, Cllr A. Johnston, Cllr J. Knock, Cllr S. Smith and Cllr R. Swallow
APOLOGIES: Cllr. C. Stratton-Brown (Chairman), Cllr D. Bennie, Cllr B. Doherty,
Cllr G. Marchant and County Cllr Lake
IN ATTENDANCE: Mrs L. Kleinschmidt (Clerk) and District Cllr Cook
In the absence of Cllr Stratton-Brown and Cllr Bennie, members agreed that Cllr Swallow would chair the meeting.
Open Session
Report by District Cllr Alison Cook
District Cllr Cook reported that SDC is considering the provision for gypsies and travellers, and how the provision is allocated. Over the period of the Local Development Framework, 72 family unit pitches need to be found, and each pitch needs to be approximately half an acre. There are 25 temporary pitches in the district, which could be made permanent, and this would reduce the overall number required. SDC is considering the major developed sites in the district, e.g. the GSK site and Fort Halstead. Parishes in the north of the district are pushing for the parishes in the south to take their share of the provision. Therefore, parishes need to consider if there are any potential sites in their areas as, otherwise, SDC may have to allocate the provision where they think it is most appropriate. Much of the southern part of the district is classified as Green Belt, which will create a difficulty, and the local infrastructure must be able to support the site allocation including availability of school places. Members agreed to give the matter consideration.
Report by County Cllr Peter Lake
In the absence of County Cllr Lake, the Clerk advised that C.Cllr Lake has asked Kathryn Lewis to contact Jane Oatley regarding the drains at Paul’s Farm Cottages, and he has asked Kirstie Williams to contact Amy Holt to see if anything more can be done at Laundry Cottage.
Closed Session
182. Apologies for absence were received from Cllr Stratton-Brown, Cllr Bennie, Cllr Doherty and Cllr Marchant and their reasons for absence were accepted by members. Apologies were also received from County Cllr Lake.
183. Declaration of Disclosable Pecuniary Interest and Non-Pecuniary Interest in respect of matters to be discussed
Cllr Johnston declared a Non-Pecuniary Interest in item 190 as he is a neighbour of the Bat & Ball.
184. The minutes of the Parish Council Meeting held on 4th February 2013 were approved and duly signed. Proposed by Cllr Johnston, seconded by Cllr Croft and all were in favour.
185. To report on matters arising from the minutes not otherwise on the agenda – none.
186. Planning:
i. to consider applications received
SE/13/00470/HOUSE: The Old Vicarage, Moorden Lane, Chiddingstone Causeway TN11 8JE: demolition of outbuildings. Construction of two storey side extension, with one roof-light to the second floor northern elevation. Members agreed to support this application providing that the proposal does not exceed the 50% allowance.
ii. to update members and to consider whether any action is required on
i. the GSK site, Powder Mills - none.
ii. the Sevenoaks Boxing Club, Gaza Estate
The Clerk reported that the Parish Council’s complaint was submitted to SDC, and the officers investigating the complaint have reported that there have been no delays to the process and the response will be sent to the Clerk by 7 March 2013. There have been complaints made by local residents regarding the same matter and one of these has progressed to Stage 2 of the complaints procedure:
Stage one: when SDC has received the complaint, an acknowledgement will be sent within two working days. They will investigate the complaint and a senior manager will reply to you within 15 working days after acknowledgement.
Stage two: if you are unhappy with SDC’s response, you can write to the Chief Executive, who will review your complaint with the relevant director. A written reply will be sent to you within 20 working days after acknowledgement.
Stage three: if you are still unhappy with the way SDC has dealt with your complaint, you can ask the Local Government Ombudsman (LGO) to look at your case. The LGO is an independent person who investigates allegations of maladministration causing injustice to the person who has complained.
iii. The Clerk reported that there will be a KALC Planning Conference on Saturday 23rd March at Lenham Community Centre. Cllr Smith undertook to attend if she could, and members approved the expenditure.
SDC: notification of planning decisions:
SE/12/03115/HOUSE and SE/03116/LBCALT: Orchard House, High Street, Leigh TN11 8RH – erection of first floor annexe with two dormer windows to side and five velux windows over double garage. Rebuilding of existing store. Application granted.
Applications for tree works:
SE/12/03147/WTPO: Gowers, The Green, Leigh, TN11 8QL: reduce 5 lime trees by one third, crown thin and raise canopy on 1 red maple tree, crown thin and raise canopy of 1 maple tree, fell 1 ash tree, remove 2 lower branches and deadwood of second ash tree, reduce third ash tree by one third (TPO). Cllr Croft did not think there were any objections to raise on this application.
187. To consider whether to undertake a Neighbourhood Plan
The Clerk reported that if a community has a Neighbourhood Plan, it can be in more control and choose where new development is built, with the chance to specify what the design of the new buildings should be, and what infrastructure should be provided. However, all policies contained within the community’s Neighbourhood Plan must be in line with local SDC and national planning policies, and other laws. A Neighbourhood Plan cannot stop development in the area, but it can influence the type, design, location and mix of new development, and it must contribute towards sustainable development. The Parish Council should be involved, but not exclusively, and the local group involved in working on the Neighbourhood Plan must include members of the public. Firstly, the community must define the Neighbourhood Area, in conjunction with SDC, and if the group meet the right standards, they become a Neighbourhood Forum. The forum will then draw up a plan and consult with the public. Then an independent examiner will check that the plan meets the right basic standards and the plan must then go to referendum. If more than 50% of people voting in the referendum support the plan, then the local planning authority must bring it into force. The Department for Communities and Local Government (DCLG) has announced that Parish/Town Councils that have a Neighbourhood Plan will receive 25% of the revenues from the Community Infrastructure Levy arising from the development that they choose to accept. Those Parish/Town Councils without a Neighbourhood Plan will receive 15%, capped at £100 per council tax dwelling in the parish. The Government aims to have these incentives in place by Spring 2013. DCLG announced on 19 December that they are providing more funding to local planning authorities to help Parish/Town Councils get their neighbourhood plans going and for the costs of the independent examination and referendum. From January, local planning authorities can claim grants of up to £50,000 to help up to 10 communities (Parish/Town Councils or Neighbourhood Forums) to get their neighbourhood plans going. From April this will be extended further by making £100,000 available. Authorities then get a further £25,000 for every Neighbourhood Plan that gets through a successful examination. The Clerk reported that she has spoken to Alan Dyer and Steve Craddock at SDC, who have given the following advice:
i. A Neighbourhood Plan will take an average of two years to prepare and take through referendum. There will be a lot of time and money required, costs could be in the region of £15,000+ if planning and legal consultants are employed.
ii. The funding that government has made available to district councils is to cover any administrative costs and officer time that is spent helping the parishes with the process of plan making, inclusive of approving the neighbourhood area and qualifying body. Funds will not be passed onto the parishes directly, but can be utilised by meetings/seeking advice from planning officers.
iii. CIL will be paid to SDC within 60 days of commencement of the development, unless an instalments policy has been adopted by the Council. This is likely to be the case for larger developments. According to draft regulations, SDC can also agree a schedule for the payment of CIL to town and parish councils. If it choses not to then any CIL received by SDC between 1stApril to 30thSeptember of any year must be paid to the town or parish council by 28thOctober. Any CIL received by SDC between 1stOctober and 31stMarch must be paid to a town and parish council by 28thApril.
iv. In order to receive the higher CIL proportion, a Neighbourhood Plan or Neighbourhood Development Order must be adopted and in force at the time planning permission is granted for the development.
v. The draft regulations state that the £100 cap is per existing Council Tax Dwelling. The cap will be applied on an annual basis and will be subject to adjustment for inflation.
Members were concerned about the potential cost and amount of work required, and whether SDC would actually use this document, if adopted, as planning policy. Members agreed to give consideration to this matter and item to be considered further at the April Parish Council meeting. In the meantime, the Clerk suggested that members take a look at Ashurst Wood Parish Council’s website www.ashurstwoodparishcouncil.gov.uk, as they have commenced the process and there is a lot of information online.
188. To hear update regarding the Rural Broadband project
Cllr Swallow reported that he visited a BT mobile demonstration of the technology that would be used if the project is successful. Where there are currently green junction boxes in the parish, new larger boxes will also be installed, subject to planning. Fibre optics will be installed to the new green boxes, and then cabling to the households. Those dwellings where there is currently no broadband provision will receive WiFi. The bid for funding has been favourably received and a formal response will be received by the end of March. If successful, the project will commence in 2013 and it will take 18 months to 2 years to roll out.
189. To consider action required on the Tonbridge to Redhill/Reigate Railway Line Steering Group
Cllr Swallow reported that he attended a Steering Group meeting on Monday 18th February and one focus of the group is to encourage local communities to adopt their railway station in order to keep it clean and tidy and perhaps add some plant troughs or hanging baskets. Cllr Swallow suggested that Leigh British Legion and the Leigh Produce Association be approached to see if they are interested in adopting Leigh Station. Members agreed. A second focus of the group is to consider re-naming some stations along the line. Penshurst Station, which is situated in Chiddingstone Causeway, is one station that could be re-named and the Clerk to discuss the possibility with both Penshurst and Chiddingstone Parish Councils.
190. To update members regarding the restricted right of way at the former Bat & Ball public house
The Clerk reported that she contacted KALC who said that they couldn’t offer legal advice on this matter but suggested that formal legal advice could be sought from a solicitor. Cllr Stratton-Brown has obtained verbal legal advice, and two letters have been sent to the resident setting out the legal opinion, which is as follows: In order for the Public to acquire rights of way over someone else’s land it is necessary for the following to apply:-
1. The right must have been exercised openly as of right and not secretively and with the full knowledge of the owner of the land concerned.
2. No consent has been given by the owner of the land for the exercise of the right of way.
3. The right must have been used for a period in excess of 20 years without interruption.
4. The right was for the benefit of passers by generally and not just in order to gain access to the Bat and Ball.
The Parish Council believe that the public at large have over many years used the area which has now been fenced, by walking over it, parking bicycles and prams on it and having general access to this area, independently from access to the Bat and Ball. A response to the letters is awaited.
191. Environment
i. to consider request for the Green to be used from 10th to 17th June by Shayler’s Fun Fair
Cllr Smith proposed that this request be approved. This was seconded by Cllr Croft and all were in favour.
ii. to consider request for the Green to used on 6th July for the School Summer Fair
Cllr Johnston proposed that this request be approved. This was seconded by Cllr Swallow and all were in favour.
ii. to consider whether to enter the Kent Men of Trees Competition 2013
Cllr Swallow proposed that the Parish Council enter the competition this year. This was seconded by Cllr Knock and all were in favour. Cllr Croft would be the contact and would show the judges around.
iii. The Clerk reported that the Parish Council has been successful in their bid for funding towards the repair work to The Green. A grant of £5,000 has been awarded to the Parish Council by Kent County Council, and members were delighted and very grateful. The Clerk has accepted the terms of the grant: