OARE PARISH COUNCIL

Minutes of the Meeting held on Monday, 20th March 2017

Present: Cllr C Relf (Chair)

Cllr B Ferrell
Cllr R Friar
Cllr J Hill
Cllr J Richardson
Cllr M Whiting

1.  Apologies for Absence – Cllr T Fentiman, Cllr A Bowles, Cllr L Bowen

2.  Declaration of Interests – None

3.  Public Speaking Time - East Kent Recycling
Eleven residents attended the meeting to complain about noise and other issues relating to East Kent Recycling. The main problems are:

3.1.  Recycling on land without planning permission
Only area D has planning permission, inherited from previous business use. Residents claim that recycling is being done on other areas, with large diggers on area A. KCC has been informed, and James Bickle is aware of the issues. Mr Bickle thinks that the work on area A was to prepare the site to store equipment. Residents have also complained to the Environment Agency. Amber Angel (EA) served a notice on 10/02/17 to stop recycling activity on non-permitted areas and of non-permitted materials (plastics and various other things). The enforcement notice ends on 31/03/17, so EKR have until that date to clear that part of the site. After that they can store machinery but not operate on it. Residents stated that EKR have continued recycling during the period of notice. Amber Angel will visit the site again on or after 01/04/17 to ensure compliance.
EKR may apply for permission to construct a building to provide cover and noise protection on the recycling area. This would be supported if it reduces the noise and dust nuisance. They may also apply for permission to extend the area of the site that can be used for recycling. KCC has advertised for additional areas for recycling.

3.2.  Lorry movements
Residents reported that the number of lorries visiting the site appears to have increased considerably. The 1992 planning permission was for up to 40 lorries a day, but witnesses have counted 10 lorries an hour. They are concerned that if planning permission is granted for other parts of the site there will be a considerable increase in lorry movements, noise and dust.
Residents are very concerned that the noise and dust prevent them opening their windows and enjoying their gardens, and could lead to a reduction in the value of their homes.

3.3.  Parish Council Action
The Chair, Cllr Relf, and Cllr Hill were actioned at the January meeting to visit EKR and meet Ky Campion. Cllr Hill was unable to attend, but Cllr Relf met Mr Campion on Friday, 17th March. Cllr Relf reported:

3.3.1.  Mr Campion’s company EKR owns site D, where they are allowed to recycle. EKR rent other sites from Bretts and can only store lorries and equipment on them. They had an exemption to dig and strengthen the ground in the other sites to strengthen them for storage. They want to apply for planning permission. They had a noise survey conducted by an independent contractor, who placed noise monitors at sites around Oare. They also had surveys done of wintering birds and habitat, dust and vehicle movements. Mr Campion said he has no control of when, how or who does the surveys, EKR pays and KCC organises. When issues are raised with the EA, KCC and SBC they arrive unannounced to inspect, and on the last occasion six people came together from the three organisations. So far Mr Campion said they have not reprimanded him on anything specific.

3.3.2.  Part of the first site through the gates used to be leased by EKR for parking, but it is now leased to a courier company. Some of the vehicles visiting the site are going to this company.

3.3.3.  Mr Campion is preparing to apply for planning permission for a canopy, with a wall and a roof, under which the recycling will be done, with a conveyor hopper and containers. The wall will be on the Oare Creek side. He has been assured that this will considerably reduce the noise and dust.

3.3.4.  Regarding light pollution, Mr Campion has fitted new lights which are angled down. (Previously the lights shone into residents’ windows in Church Road.) Currently they switch on for a while then switch off at 9 pm. This may be because two people live on the site for security.

3.3.5.  Regarding the complaint of lorries queuing on Oare Road before 7 am, Mr Campion said that they used to queue on the road leading to his site, but they were accused of starting work early so now the lorries are queuing on Oare Road again. The Chair said that lorries are arriving at the site unsheeted so that the skip contents are visible and may shed dust and fragments.

3.3.6.  Mr Campion stated that he only recycles on the site he owns. There are four areas of the site, one with planning permission for recycling, the others for storage. He has been digging holes on other parts of the site to prepare and strengthen the ground, and he has permission.

3.3.7.  Mr Campion said that if he applies for planning permission he would like the opportunity to speak to members of the public about their concerns.

3.4.  In response, the residents stated that this is not what they are experiencing. Cllr Hill said that all the reports are commissioned by Mr Campion or his agent. The Chair said that she was told the noise survey had to use a specialist from a list supplied by KCC, although for the other surveys he may have been free to choose. Residents stated that the traffic movement survey may have been done during a period with less activity. In the period to the Christmas holiday they had counted 10 vehicles an hour from 7 am to lunchtime. They had informed KCC, but KCC does not have the staff for vehicle counts. EKR should be logging vehicle movements to their site, so it should be possible to check the numbers. There are 14 wheel container lorries using the road. Residents had noticed more activity on Site C over recent months.
The Council said that if planning permission is applied for, it could request a condition for random inspections. Cllr Whiting said that planning permission would be complex because if it’s just buildings, SBC is responsible, but if it’s for expanding the area of the site to use for recycling then KCC is responsible. KCC should be enforcing that planning permission. Their Regulations Committee is chaired by Cllr Andrew Bowles, the KCC councillor for this area, so Cllr Whiting has asked Cllr Bowles to look at the issue. Cllr Whiting will check with the officers and Cllr Bowles.
Regarding the courier company, Cllr Whiting did not know whether that site has valid planning permission or whether a change of use is needed. He will check with SBC. However, they may be using the land in accordance with existing permission.
Residents have contacted Gordon Henderson MP who has written to KCC. The site is on Helen Whately MP’s constituency.

3.5.  The Chair said that the Council has noted residents’ comments. Cllr Whiting will check planning permission for the courier site and will follow up the issues covered with Cllr Bowles. OPC will ask KCC and SBC to include Oare in consultations. SBC will be consulted and will include the Council in their distribution for comments. The Chair asked residents to keep in touch and contact the Clerk with further information.

4.  Public Speaking Time – Bus Service
Several residents complained about the changes to the bus timetable, as previously reported, and concerns about the future timetable and bus stops. Sometimes buses stop at the Castle at the bottom of the village and do not complete their route to the bus stop at the top. There are bus timetable changes due on 2nd May which may cause serious problems to residents. The service is not running consistently and on time now, with buses leaving early as well as late.
Cllr Whiting is following up issues with the buses.

5.  Public Speaking Time – Uplees Planning Application
A resident commented on a revised planning application for a house at Uplees. The history of this site is that it was Oare Gatehouse. In 1993 it was a tin shed, and planning permission was applied for to convert it into a barn. This was agreed in principle but only for domestic storage. Last year permission for a dwelling was refused on policy grounds. The current application includes a workshop, which would result in noise, there are roof lights so issues of overlooking other properties, it is a bigger structure. It is also on an unmade track unsuitable for cars. Objections can be made on the grounds of sustainability because it is on a track, therefore it is only accessible on foot, not by car, and it is not on mains drainage.
The Chair requested opinions. The application was rejected last time and the reasons are on the planning portal. The deadline for comments is 7th April. Cllr Whiting said the application may be called in but it could be a delegated refusal. The Chair said that OPC does not normally comment other than to be informed of outcomes, and the Council does not wish to set a precedent. Cllr Richardson said that the workshop element could cause disruption, the site is not allocated for housing. Cllr Whiting cited the transport and sustainability issues. The Chair agreed to register a comment for Oare expressing the Council’s and residents’ concerns, and to note the sustainability issues raised, but neither to approve nor object.

6.  Minutes of the Meeting held on Monday, 16th January 2016

6.1.  Approved and signed by the Chair, with correction to Item 7 – Great Explosion Board – Cllr Ferrell was meeting Stephen Ledger and Clive Foreman, not Nigel Wallace.

6.2.  Matters arising and Action List

Cuddy Munts – The Clerk has received the following response from Cuddy Munts:
“We have invested more money on better jet washes and equipment to ensure all vehicles are cleaned and are road legal before leaving site, i.e. headlights windscreens etc. Not being able to get under the vehicles at the point of cleaning unfortunately there is not much we can do about the odd bit of mud that drops off. We concentrate on windscreen lights and plate so yes they do leave site road legal. If the odd vehicle leaves without us knowing in a non legal state that is the driver’s fault not ours . However please see the pictures enclosed in this email. These were taken on Sunday morning BEFORE we open our site and 4 weeks since our last opening. I find it hard to believe we can be the ones for total blame for the mud on the roads in the area. You will see the entrance to a field opposite the entrance to our site. I do hope you are including the local farmer in complaints about mud on the road and not just us.
We always warn our members ref their speed through the village and ref convoys however as stated the road has a national speed limit and I have no powers to enforce a lower speed limit. We ALWAYS ask our members to watch their speed through the village.

Our website as you mentioned doesn’t have current year to date opening times due to our web host going awol. As I mentioned it was more important to spend money on cleaning equipment than it was on a website. All of our dates are on our Facebook page which of course is free. Please feel free to join our page on Facebook. Summer is fast approaching and the site is getting dryer. I’m sure over the next month it will be hardly noticeable that we are on site.”

It was agreed that Councillors would continue to monitor the situation. Cllr Whiting said that it is hard to enforce regulations for leaving mud on the road; it must be quite bad, and it must be possible to identify the vehicle responsible, so it is not easy to prove. It was agreed to close this action item.
Information Board at Youngboats – Public Realm Group awaiting permission (not planning) from SBC to repair the frame and replace the board. There are issues about ownership and responsibility for the board, which was commissioned by the Faversham Enterprise Partnership, which no longer exists, using Heritage Lottery funding. Chris Oswald-Jones requests volunteers to help with repair.
Bus Shelter wobbly – due to winds. Clerk stated that it is not wobbly to the extent that it causes a problem or could be dangerous. Agreed to close the action item.
Footpath Church Road to Oare Creek – The Clerk has received the following response from Michael Ellis at KCC, thanks to intervention by Cllr Bowles:
“I apologise for the apparent lack of action this issue. I have actually inspected the path and I should have updated the issue. Enclosed is a photo that was taken on site visit last year.

Unfortunately it is not great news in that walked route that lies wet most of the year does not appear to be the legally recorded alignment which is further to the west, see enclosed plan.
The legal alignment appears to go through several properties, including a garage. KCC can only work with the legal alignment so the section of path has been added to our ever longer list of alignment issues that need to be resolved. Previous definitive maps appear to concur with the current alignment. I will order up the parish and draft maps and statements for Oare from archive to see if they indicate a different alignment.

We have powers to open the legal line of the path for the public to use, however in these types of situations a diversion onto the walked route is often the best solution so long as the affected landowners are willing to fund the diversion but I am not sure that we would accept an application that put the path on to a route that has these flooding issues.