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Misterton with Walcote Parish Council
Minutes of proceedings at the meeting of Misterton with Walcote Parish Council held on Friday 11th March 2005 at 8.00 p.m. in the Rutland Room, Misterton Hall
Present: Councillors: Andrew Watts, (Chair), Keith Wilding, Sephton Green, Caroline Bach. Brenda Gilbert (arrived 8.15 p.m.)
Clerk:Judi King
Leics County Council officers: Mr J. Prendegast, LCC Solicitor and
Mr P Lindley, Rights of Way Officer
Members of the public, 7
1Apologies
Brenda Gilbert sent apologies for late arrival, due to visiting a relative in hospital and the Council accepted these. APPROVED
2Declarations of INTEREST
There were no declarations of interest.
3approval of the minutes of 21st January 2005
The minutes of 21st January 2005 were signed as a true record. APPROVED
4reclassification of footpath Y99 on the definitive map
Mr J Prendegast, and Mr P Lindley, from Leicestershire County Council addressed the Council on the classifications of footpaths, bridleways and byways with particular reference to the reclassification of footpath Y99 on the definitive map. The Council heard that bridleways were available for use by pedestrians, riders of horses and pedal cyclists but not motorised vehicles; Byways, on the other hand, were available for the passage of motorised vehicles. Should the objections by the Parish Council and residents of the parish to the re-classification of Y99 as a bridleway, not be withdrawn then the matter would be decided at a Public Inquiry and H. M. Inspector would make his decision based primarily on the evidence. The evidence, that the solicitor had seen, did not point to a classification of the route as a bridleway but to something more. It was the opinion of the solicitor that even strong public feeling was unlikely to carry much weight in the decision. The County Council had no wish to see the route classified as a Byway but the Definitive Map would have to reflect HM Inspector’s decision if a Public Inquiry was held.
The Chair thanked Mr Prendegast and Mr Lindley for their advice in this matter. It was suggested and agreed that the clerk’s notes to this discussion would be placed on the village notice board. The Council would review its decision to object to the proposals at its next meeting.
5Comments or questions from members of the public (notified prior to meeting)
5.1D MacLellan, Chapel Lane, Walcote
Written Comment - Problem caused by moles on the play areas
Mr. MacLellan had submitted a written comment prior to the meeting about the prevalence of molehills causing a problem on the play areas. Mr. MacLellan, who was present at the meeting, told the Council that a local resident had experience as a mole catcher. The Council delegated powers to the Chair to ask the resident if he would be willing to help.
There were no other questions notified prior to the meeting. However, two members of the public present had told the clerk prior to the start of the meeting that they wished to ask questions. As the new procedures for public participation had only been brought in recently, the Chair allowed the questions.
5.2M Warren, Brook Street, Walcote
Question Does the Parish Council own the Memorial Hall?
The Chair asked Councillor Caroline Bach to reply. Caroline Bach explained that the ownership was in terms of custodian trusteeship. The Parish Council is the Custodian Trustee for the Misterton with Walcote Community Trust, the charity responsible for the proper application of the assets remaining from the Memorial Hall Trust. The custodian trustee does not have the right to manage or dispose of an asset. Councillor Wilding offered an explanation of the terminology to do with charitable trusts and custodian trustees.
The resident interrupted to make comments without application to the Chair who warned the resident that no further comments would be accepted and if continued, the resident would be asked to leave the meeting. At this point, the resident left the meeting accompanied by one other member of the public.
Councillor Wilding said that the comments made, were directed at the Parish Council as a body, that they were insupportable and consequently he declared his intention to leave the meeting. The Chair called for a short adjournment, Mr Wilding made his apologies and left, after which the meeting continued.
5.3Mrs. E Hamilton, Frank’s Road, Walcote
Mrs. Hamilton said she would submit her question in writing for the next meeting.
6Planning Matters
6.105/00067/Amended – Relocation of agricultural building – Wakeley Farm
RESOLVED: to make no comment.
6.205/00164/ADV Retrospective – Erection of non-illuminated sign – Wakeley Farm
RESOLVED: to make no comment.
6.305/00163/FUL – Erection of 2-storey extension – The Hill, Walcote
RESOLVED: to make no comment.
6.405/00134/FUL – Erection of 2-storey side extension – Great Poultney Farm
RESOLVED: to make no comment.
6.505/00199/OUT –Land at rear of Black Horse Inn Change of access and use as residential.
DEFERRED: until the Council has an opportunity to visit the site
7Donation to Allotment Association
The Council had previously resolved to make a donation of £800 to the Allotment Association under the provisions of section 137 of Local Government Act 1972 (Ref: Minutes, page 580, dated 25-7-02). Mr D MacLellan of the Allotment Association requested the payment in order to help with the legal costs of the attempt to purchase the Allotment from the Diocese of Leicester.
APPROVED
8Parish Taxi Scheme
The Council can apply for £3000 of funding from Leicestershire County Council Delegated Transport Fund to run a new scheme for up to three years. There is a small fund of just over £500 left in the old scheme, which, the clerk thought, could be carried over.
RESOLVED: to apply to the Leicestershire delegated transport fund for £3000 of funding to run the Parish Taxi Scheme.
9Parking in Franks Road
The Council wished to ask the District Council if a more prominent ‘Residents Parking Only’ sign could be erected.
10Freedom of information act – Publication Scheme
The Chair requested that the Council consider that minutes of meetings should be published only after approval as a true record. AGREED
11Polling station for the General Election
The closure of the Memorial Hall meant that there was no public building in the village to use as a poling station in the forthcoming General Election. The District Council had been notified of this.
12Standing Orders - Public participation in PC meetings
The standing orders for the Council would be amended at the Annual Meeting to include the new procedures for public participation.
13Unauthorised Access 25 Franks Lane Walcote
The Planning Authority, in reply to the clerk’s letter, states that planning permission is not required, as Frank’s Road is not classified as a highway. The clerk will inform the resident of this answer.
14Documents and Publications Received
14.1Time Out and Summer Activity Scheme for rural areas in Harborough District
NOTED
14.2Core Strategy Development Plan - Consultation 7 March – 11 April 2005
NOTED
14.3Code of Conduct Review – Consultation deadline 17th June 2005-02-23
NOTED
14.4Leicestershireparishcouncils.org - Networking event 18/3/05 Beaumanor Hall
No one could attend.
14.5SLCC branch meeting Wednesday 30th March 2005 11.30 am
The clerk will attend
14.6Community Consultation Seminar - April 4th 2005 6.15 pm County Hall
No one could attend
14.7North Kilworth Parish Plan Document for information
NOTED
14.8Notice of forthcoming consultation on affordable housing 14/3/05 – 25/4/05
NOTED
14.9Notice that application for sand and gravel quarry has been withdrawn
NOTED
14.10ODPM Consultation on Planning for Gypsy Sites Deadline 18/3/05
NOTED
14.11ODPM documents- Neighbourhoods Matter and Vibrant Local Leadership
CIRCULATED
14.12Welland SSP Pathfinder project to help small to medium sized businesses
CIRCULATED
14.13Best Kept Village Competition
NOTED
14.14Clean Neighbourhoods Bill and Parish Council powers
NOTED
14.15Latest editions of The Clerk, EMDA News, One Stop Shop Newsletter and Local Council Review
CIRCULATED
15Reports by councillors and clerk on meetings attended
15.1Report from Caroline Bach on Misterton with Walcote Community Trust
Caroline Bach asked the Council’s permission to present a fuller report to the Council after the AGM of the Misterton with Walcote Community Trust, which was to be held next week.
AGREED
15.2Annual Parish Liaison Meeting – Wednesday 2nd February 2005
Report attached Appendix A
15.3Harborough District Clerks’ Forum - Tuesday 8th March 2005
Full report attached Appendix B
Freedom of Information Act 2000 The latest information on the implementation of the Freedom of Information 2000 had been presented at the clerk’s forum. The clerk made several recommendations to the Council and the Council resolved the following:
RESOLVED: that the clerk purchase a shredder for the proper destruction of documents no longer required to be held by the Council.
RESOLVED: to investigate the cost of purchasing a PDF writer for the publication of documents on the Council’s website.
16Statement of accounts and invoices for payment
16.1The clerk presented the accounts. The full statement is attached Appendix C
Cash / Current / Reserve / Capital / TotalsIn hand / Account / Account / Account
Balances 11th March 2005 / £100.00 / £300.00 / £5,226.37 / £3,574.15 / £9,200.52
split between these budget accounts
Budget Accounts
General Account / £4,827.61
Community Project / £2,560.00
Playgrounds Project / £1,000.00
Parish Transport Fund / £812.91
Total / £9,200.52
Invoices and payments approved
Payee and Purpose
Taxi Scheme Payments / £221.55
L&RAPLC Fee for Legal Update Course / £10.00
J King Stationery, travel & meeting expenses / £101.39
J King Salary adjustment for 2004-5 / £36.60
L&RAPLC Membership 2005 / £143.00
Walcote Allotment Association / £800.00
16.2Internet Security Software for the clerk’s computer
RESOLVED: to purchase the 2005 upgrade to Norton Internet Security software for the clerk’s computer at a cost of £35.80
17To confirm the dates for the next meetings
The next meetings of the Council will take place on 22nd April 2005 and 19th May 2005 at 8.00 pm in the Rutland Room at Misterton Hall.
The annual meeting of the Council will take place on 12th May 2005 at 7.30 pm in the Rutland Room at Misterton Hall to be followed by the annual meeting of the Parish (Annual Assembly) at approximately 8.15 pm.
18National Agreement on clerks’ Salaries
DEFERRED
The Chair closed the meeting at 10.00 p.m.
Approved & signed...... …………….……….… Date...... ….……..……….... Minutes 11/03/05