Modbury Parish Council Meeting

Monday 11thJanuary 2016 at 7.00 PM

Pavilion, Queen Elizabeth II Recreation Field

Minutes

Meeting opened 7.05pm

Present: Ms Brown (Chair), Mr Taylor (Vice chair) & Messrs Cole, Barnes, Joseph, Ward,

Lawrence. (Mr Rosevear arrived at 7.06pm and Ms Rayner arrived at 7.09pm).

Apologies: Messrs Rickman, Berry, Turner. Mr Hammerstein, and PCSO Palmer also apologised for not being able to attend.

Open Forum: 15 members of the public were in attendance:

  1. Can MPC look into all of the options for the Allotments made in the S106 agreement for the

Green.It is worrying that the owners/developers could exercise an option of retaining ownership which could, potentially jeopardise long term future use as allotments. If MPC and the Allotment Association are as one with a view to realising a result that benefits the community for the long term. We need to get a quick consensus so we can hopefully influence any decision making at an early stage. Modbury currently has no permanent site for allotments and but this presents an opportunity.

  1. There are many concerns about the Planning application for Erection of a detached dwelling

at Back Street (154461 3013/15/FUL). Several people living in immediatelyneighbouring properties expressed their concerns about the increased flooding potential for their properties. It is felt that the planned building is too large for the plot generally, and that insufficient drainage checks have been carried out, with the soakaway being situated too high for water to run into it. Part of the proposed site is comprised of bedrock, and there are concerns that the works will increase the risk of flooding from surface water drainage.

  1. MARS have had a conditional offer for the Big Green Space Challenge. MPC confirmed

verbally that they are happy for MARS to go ahead with this. Clerk will email confirmation to Paul Romney. The Clerk will also email MARS to confirm that MPC would like them to proceed with the Open Spaces Sports & Recreation Plan also (on behalf of MPC and the Neighbourhood Plan).

5. When does the new development Start? Planning permission was granted on Christmas Eve.

It is believed they will be starting very soon and hope to have the first few houses completed by

the summer.

6. Update was requested on the flooding and email Mr Lawrence had sent asking for evidence

of the flooding. Mr Lawrence confirmed he had received photos and forwarded them to the

Engineer who is designing the flood schemes for Modbury. Update is that they are planning to

do some works to road slopes, gradients and some of the drainage systems fairly quickly. In the longer term they are looking at putting two holding tanks in the two valleys behind the Exeter Inn and one behind the Co-op subject to access and planning approval and they are hoping to do that in around 2017. This is more positive than before.

7. Highways came out and had cleaned the chambers but the culverts had not been cleaned. Highways have promised to come and sort this. A big thank you was given to those who had helped with the flooding.

9. A question was raised about the location of the sources of the natural springs. This will be identifiable on the Ordnance Survey Map.

10. The piles of rubbish that were cleared down Brownston are still waiting to be cleared away and could wash down again. Mr Taylor will liaise with others to get this sorted. The culvert by the Fire Station has water in it level with the road surface. BT is in regular contact with Christie at Devon & Somerset Fire Service who has promised this should be sorted in the next 10 days.

(Forum ended 7.21pm.)

8. Ros Daviesgave a very informative, insightful and interesting talk on the law behind Public

Rights of Way, the work of Parish Paths Partnership Committeewho serve a very useful and

important role, even maintaining parts of the South West Coastal Path. It is important that the definitive map is kept updated. We need to ensure that any routes/paths not yet recorded are “claimed”so that they can be recorded on the map before the deadline in 2026. (New Mills lane is not on the definitive map so needs to be notified to DCC). Mr Lawrence wanted to record a big thank you to Mike Oakins and Brian Weeks for all of their hard work they do for Parish Paths Partnership Committee.

Declarations of pecuniary and other interests

a) Councillors were reminded of the need to update their register of interests.

b) Ms Brown recorded her interest in palm Cross Green. Mr Cole in correspondence item to

be discussed later (in budget), and Mr Rosevear as Chair of the TIC (again relating to budget).

Devon Councillor’s Report- moved until later.

District Councillor’s Report.

1. Nothing more to report for this meeting but Cllr Ward did attend the first digging of a site in Totnes where DCC, SHDC and Dept of Health are working in conjunction with other partners to develop a new care facility. She has been tracking the project for a couple of years. She particularly likes the fact there there will be a café and bistro and beauty centre incorporated within this development which will help break down barriers. She placed an article about this in the January Messenger. (Ms Rayner left the meeting).

2. Cllr Ward is also concerned about the number of people she has seen recently driving whilst on their mobile phones and wanted to reiterate the consequences that can happen.(Ms Rayner returned).

3. It is not known what the council tax changes are yet.

Police Report - Clerk will invite PCSO Palmer to provide a police report via email/weblink. Cllr Ward may be able to assist by providing link for past and present reports and will forward this to Clerk in due course.

16.7 - Minutes of Council Meeting of 14th December 2015:

a) Mr Taylor, seconded by Mr Barnes proposed and all in favour (bar 2 x abstentions not present at previous meeting) that the Minutes were a true and accurate record.

b)Clerk had previously circulated the Action Plan in Appendix II so that everybody is kept updated.

16.8 – Agenda Item 15.6 - To Discuss the action needed in response to the flooding of 30th Decemberwas brought forward. Fortunately everybody reacted very quickly and the fire service diverted the water by putting a boom across the road plus the rain did not go on for too long. We need to have some (grapevine) system whereby when something happens and someone spots it, they can raise the alert with people/start the emergency plan, as on Saturday, nobody told the duty Councillor there was a problem. Mr Lawrence and Mr Taylor only found out in passing. Mr Taylor does have Environment Agency Flood plan template but contacts list needs firming up. Clerk currently gets flood warnings from Environment Agency for River Flood Warnings which are forwarded straight to Mr Taylor. Sand bags arrived very quickly because the fire service were contacted DCC/SHDC who contacted the depot who provide the sand bags. The Buddle hole on the Dartmouth Road still needs sorting but this is in hand with highways. It is felt that the Post Office would have flooded if everybody had not reacted so quickly and help had not been given. Special thanks to Mr Taylor, Mr Cole, Mr Rosevear for their hard work.Mr Lawrence will write an article for the Messenger. (Mr Hosking arrived. Mr Rosevear left the meeting briefly and returned a moment later).

Devon Councillor’s Report

1. There are no changes to the information on budget and devolved powers and budget bid, but Cllr Hosking is hoping that he will be able to tell us more in 2 weeks.

2. With regard to the Bus Stop, Cllr Hosking’s recommendation is that MPC engage the services of an independent specialist in this subject, but of course this will have a costs implication. He feels we need the opinion of an expert in bus stop design to say whether or not it is feasible for a bus stop to be placed in the current request stop site at the top of the hill by the Green. He suggests we do this now so that it can be done in conjunction with the changes to the splays if we want a permanent bus shelter.

3. By way of update on the past two previous meetings, the national vehicle weight limit is 62 tonnes. As the road in question is a wide vehicle route so weight restrictions on weight are not relevant/enforceable.

4. With regard to the questions about new double yellow lines not being enforceable until they have been registered on the system, this is not true. Providing that yellow lines have been painted in connection with the right Traffic Regulation Orderthey are enforceable. Cllr Hosking will re-address the fact that the Traffic Warden seemed to give information to the contrary, perhaps this is a training issue.

5. In connection with the Barracks Road incident, Cllr Hosking and Mr Colton of Highways are looking at the possibility of an access way through Cromwell Park. Mr Colton is also going to be carrying out speed data checks on Barracks Road as they need updated information before any decisions can be made about traffic calming.

6. A question was asked about works vehicles for the new development. The routes they will use is unknown. The developers will have to agree a transport plan before proceeding.

7. There are no further updates on the repairs to the A379 (Brixton to Yealmpton). Cllr Hosking is chasing this.

8. Cllr Hosking has passed on Mr Cole’s comments from the last meeting about the long delays on A38 due to the diesel spillage.

9. Mr Rosevear raised the issue of some repairs that had been carried out at Harradon Cross where holes were repaired in the road, but the tarmac has now lifted (perhaps because of water pressure). There are now two holes on the road from Modbury to Kingsbridge by the turn off for Whimpstone.

Mr Rosevear is emailing Mr Colton.

9. Mr Lawrence referred to a recent programme on “Spotlight” where it was highlighted that there are a lot of carehomes that have been empty for some time. What is proposed for these? Could they be used for housing? Cllr Hosking confirmed there is a programme for properties to either be managed by third parties;disposed of; or sold for development for alternative use (ie. social housing). Some have already been sold off and the money is already in the DCC capital account.

16.9 - Planning

a) MPC considered the following applications:

38 / 154461 3013/15/FUL / Mr A Pollard / Proposed Site SX65735167
Back St,Modbury / Erection of Detached Dwelling / 15 Jan 2016

This item had already been discussed during the Public Forum and the same points were raised by several members of the Council who had attended the site. Mr Lawrence left the room briefly and returned Mr Taylor proposed, seconded by Mr Rosevear and agreed by all bar 1 x abstention that MPC OBJECT to the application on the basis of the following: Extensive Mass; Inadequate vehicular access; No (or inadequate) flood risk management.

39 / 2778/15/HHO / Mr M Andews / Orchard Farm, Brownston, Modbury / Householder application for conversion of existing outbuildings to form extension including conservatory / 13 Jan 2016

This is a house with a farm behind it and they are erecting a conservatory to link the main building to the stable block, and converting the stable block to accommodation. Mr Lawrence proposed, seconded by Mr Rosevear and all agreed that MPC have NO Objection to this application.

b) In view of the time the Chair postponed the matter “To discuss and agree aprocedure and best practice to be followed for planning applications”. Clerk will email all with reminder of suggestions.

Alex Hammersteinhad previouslyextended his apologies for not being able to attend. The project team intend to hold a public meeting in later February or early March, Councillors will be invited so that they are aware what is being proposed in relation to the Church roof works.

16.10 -Palm Cross Green Development

a) General update on Palm Cross Green – Planning Permission passed 24th December and thhe S106 Agreement has now been signed. There were concerns that there is no sign of pavement/traffic slowing by the school so Mr Lawrence has emailed Richard Jackson who says that he sent the drawings to the Legal Team so is querying this. There is reference to “plans supplied” and “plans to be supplied” so this may be why. So far a minimum cost solution has been suggested ie. just to put a tarmac path, however, the “Change of Use of Green” application makes reference to the possible use of this area as a play area.

There is no further news regarding the adjustments to the Employment Building/Fire Station so the Clerk will email to chase this up.Pot holes on the Green have been reported by parishioner. BC can rake over some scalpings/planings (from MARS if there are any left) as a temporary measure.

b)Clerk is to email Frank Caruso to see if the black street on the plan could be split into two sections. This would mean that the geographically higher end could be Higher Green Park and the lower end, Lower Green Park. The other proposals are Moyles Park (for the affordable housing area); Pearse’s Garden for the house in Proximity to the West Trust land and Lanveoc close/way/road/street for the remaining road. If the black road cannot be split into two parts then Higher Green Park should prevail.The above was proposed by Mr Lawrence, seconded by Mr Ward and agreed by all.

16.11 - Finance and Human Resources:

a)Mr Lawrence, seconded by Mr Taylor and agreed by all that the Appendix 1 payments

and receipts were approved.

b) The Minutes of the Finance & HR Meeting held on Tuesday 5th December had been circulated to all by way of update.

c) Mr Lawrence had prepared budget presentation which had been previously circulated to all.It was recommended by the Finance & HR Committee that the budget/precept for 2016/17 remains the same as this year’s.

d) Mr Rosevear proposed, seconded by Ms Brown that there be no change to the Precept. (Deadline for submission of forms Fri 29 Jan 2016).

16.12 - Committees and working groups

There were no updates.

16.13 - To consider the requests for:

a)Mr Lawrence proposed, seconded by Mr Rosevear and agreed by all that the Editor

of the Messenger should have a Modbury PC email address for continuity; and

b) Mr Lawrence proposed, seconded by Mr Ward that the Clerk should be able to have

access to her MPC emails on her mobile phone.The Clerk will contact CUTEC to arrange

these proposals.

16.14 - Correspondence

1) The Citizen’s Advice Bureau request for Donation has been included in the Budget. Clerk to email CAB.

2) Mr Lawrence proposed, seconded by Mr Joseph that the monies held in the Long Park Neighbourhood Watch bank account be utilised for the purchase of a bench.Clerk to inform Mr Weeks.

3)Mr Rosevear proposed, seconded by Mr Lawrence and agreed by all that the wording for the Garden of Remembrance Plaque provided by Mr Sims be approved (subject to the layout being slightly improved.)

4)See Cllr Hosking’s earlier recommendation for the Bus Stop. It is felt that at present, the residents have revived the request stop and this is being used regularly. It is felt that the engagement of a “Bus Stop” specialist would be extremely costly and may a) have an adverse impact on the current use of request stop. We should continue to use this facility and only pursue this matter further if the service ceases again. We need to actively look at alternative locations for a bus stop in the event that the service does cease. The only other viable space is by the Industrial Estate. Mr Joseph proposed, seconded by Mr Taylor that we maintain the status quo with the bus stop for the time being.Clerk is to send an email asking for volunteers to take the matter of the bus stop forward.

5) Discussed earlier at15.160.

6) Mr Rosevear will liaise with Mr Turner and arrange a time to attend Modbury School to give

a talk to the pupils on the School Council and ask them how they visualize the future of

Modbury.

The Chair allowed Mr Lawrence to briefly update the Council on the Poundwell Road closure. He has informed the contractors of the flooding (in July 2012) in the proposed location of the box and emailed them photos to support this. Traders want to see a car park sign where the diversion comes off down Church Lane and around the back so Mr Lawrence has emailed DCC about this. BTcontractor is meeting with Mr Lawrence on site at 1000 on 12th January about taking some cones off Bunkers hill so that people can access places like the Lazy Cow without scraping their cars.

Meeting ended 10.00pm.

- 1 -