4Talaton Parish Council

4TALATON PARISH COUNCIL

COUNCIL MEETING MINUTES WEDNESDAY 17th JUNE 2015 AT 7.30PM

AT THE PARISH HALL

Present: Councillors P.Lenehan, G.Hawkins, D.Higgs, S.Mealing, T.Samson and P.Stevenson

In attendance: 6 members of the public and EDDC & DCC Cllr P. Bowden (late arrival)

Public Fifteen minute open Forum- The Chairman welcomed everyone to the first full meeting of the new Council. Some members of the public attended to state their objection to the amended planning application 15/0393/FUL – land to the south of Bridge View, Talaton and to state that they would be attending the Planning meeting on the 22nd June. The Chairman read out a letter from EDDC Senior Planning Officer P Golding regarding the amendment to the application.

I write on behalf of the Western Planning Team regarding the above application which as you will be aware now has an amended description which refers specifically to the retention of the mobile home for use as a gypsy site for one family. Having just discussed the application with Cllr Bowden I understand that the Parish Council will be considering the application at a meeting tonight and that some of the local residents who previously supported the application now have concerns following re-consultation on the amended description.

The change in description has arisen as a result of the justification for the mobile home that has been put forward during the course of the application. A mobile home with an unrestricted use in this location would ordinarily be contrary to planning policies which seek to restrict housing development in the countryside. However throughout the course of the application, officers within the Western Team have sought to verify the gypsy status/ heritage of the current occupiers of the mobile home and following consultation with Devon County Council’s Gypsy Liaison Officer, we are now satisfied that Mrs Lazenby does fall within the planning definition of a gypsy.

We understand from Cllr Bowden that the site’s use as a gypsy site for one family has raised some local concerns mainly in relation its future use and possible expansion. Usually an application of this type in an unsustainable location would be contrary to policy however given Mrs Lazenby’s gypsy status, her personal circumstances and close connection to the area and the District’s need for additional gypsy sites this may justify the grant of a personal planning permission. We are also able to control the use of the site through the imposition of a number of conditions which can limit the number of mobile homes on the land, restrict any business or commercial activity from taking place on the site and limiting the occupation of the mobile home to gypsies and travellers as defined within the NPPF.I should also stress that no decision has been taken on the application and the team will continue to consider the views of local residents and the Parish Council in its assessment of the application. I trust this information is useful to you.

Cllr Peter Bowden explained the content of the letter and the various conditions that could be put on the site if the application was granted.

1. To accept Apologies for Absence: Cllr Spry (work commitments), PCSO Trail (early shift)

2. To confirm minutes of the Meeting held on 13th May and the planning meeting held on the 27th May: The Clerk had amended the minutes of 13th May Item 8(a) 4 to read- Local Plan Consultation- EDDC now has a 5yr. Housing Land Supply which has still to be ratified for inclusion within the New Local Plan. Having been circulated and read both sets of minutes were approved and signed as a true and correct record of the meeting. Proposed- Cllr Mealing, seconded- Cllr Stevenson.

3. Declaration of interests and pecuniary interests of items on agenda: No Declarations made.

4. Election of Vice Chairman: Cllr Mealing proposed Cllr Hawkins for Vice Chairman, seconded by Cllr Stevenson, there being no other proposals, Cllr Hawkins duly accepted.

5. FINANCE:

i.  Balances of accounts including Petty Cash - Barclays Current Acc - £193.10 Barclays Business Reserve Savings Acc –£7452.50; Total £7645.60 Petty cash balance - £94.22( £2.21 paid for postage )

ii.  Cheques to be Authorised: D.Main (028) £718.14 Salary 1st Qtr.

iii.  Letter to Barclays to transfer funds- A letter was signed asking for the transfer of £700 to be transferred from Business Savings Account to Current Account

iv.  Approval for the purchase of a £30 Wineworld voucher to be given to Mr N Ralph for carrying out the internal audit and for assistance in setting up the new online accounts.

All the above financial items proposed for approval by Cllr Lenehan and seconded by Cllr Higgs.

Quarterly accounts will be emailed to Cllrs and Cllr Higgs will carry out the quarterly examination of accounts.

6. To Appoint Representatives for Hall Managers Committee & Parishes Together Fund: Cllr Hawkins to continue as Parishes Together Fund rep and Cllr Mealing to become Parish Hall rep.

7. Correspondence:

a. Correspondence received:

(1) EDDC Planning- Notification- APPEAL REF: APP/U1105/W/14/3001269

PROPOSAL: Construction of up to 22 dwellings and change of use of agricultural land to

public open space and extension to church graveyard. (Outline application discharging means

of access only and reserving details of layout, appearance, scale and landscape.)Location:

Land at Lees Farm Talaton. Any further representations must be received by 3rd July 2015.

Cllr Hawkins read out a letter from Mr J Milverton to Chris Rose, Chief Planning Officer, the letter stated-

In my statement I identified that the EDDC conservation officer had assessed views towards the church but

omitted to assess the impact of the proposed housing on the outlook from the church (also part of its setting) and

had failed to consider on how a change in surroundings of the church from pastoral to urban affected its setting. I

drew attention to two important High Court decisions which establish in law that there is a presumption against

development that has a negative effect on the setting of listed buildings and that the onus is on the applicant to

demonstrate that there are compelling reasons to allow development in these circumstances; neither EDDC nor

the appellant made any reference to this case law nor had applied the appropriate legal tests.

I also drew your attention to the fact the EH comments that it would be “inadvisable” to grant consent for an outline without understanding the impact of the proposed development on the church was in fact a strong reason for refusal but had been wrongly treated as a “no objection”, Subsequent correspondence with Jenny Chesher of EH demonstrated that she felt that her comments did not amount to a “no objection” stance.

I draw your attention to the attached decision from the beginning of the month where an Inspector dismissed an appeal on the basis that the urbanisation of agricultural land next to an important church group was detrimental to its setting, even though there was no intervisibility ( see paras 46 & 47). In the instance of Talton there is intervisibility and the panoramic vista on the approach to the church will be spoilt by the housing and the urbanisation of the pastoral setting of the church is also highly detrimental.

Given the circumstances of the case, it appears to me that it would not be unreasonable for the LPA to now acknowledge that an error has been made and that a refusal on the grounds of detriment to the setting of the church was justified, either per se, or because it had not been demonstrated that the such harm would not occur. I believe the Inspector is likely to expect the LPA to respond to the views expressed in my statement and they will certainly be raised by myself at the inquiry.

I would be grateful if you could review the stance of EDDC on this issue and advise me whether you propose to now accept that there should have been an additional reason for refusal? Can you also advise whether EH has been requested by yourself to submit a statement to the inquiry clarifying their position?

Council discussed if any additional comments were necessary to the comments submitted by the previous Parish Council, it was felt that the response had been comprehensive and no further comments would be submitted.

b. Items of late correspondence:

EDDC Planning notifications:

·  15/0817/FUL - Land at Royston Farm, Talewater, Talaton–Proposed social and therapeutic horticultural project, including proposed polytunnel, garden building, alterations/extension/ reconstruction of existing former agricultural building, including yurt. Proposed alteration to existing field entrance to form new access. Amended access arrangements

·  15/1117/FUL- Riverwood Farm,Talaton-proposal – Construction of farm dwelling and extended drive and turning area; construction of garage (amendments to application 14/2234/FUL to provide amended internal layout, external appearance and repositioned drive, garage and turning area) Amended plans to show re-positioning of dwelling and garage and correction to labelling of south-east elevation

·  15/0393/FUL-The Mobile Home, Land to the south of Bridge View Road Talaton-proposal-Retention of mobile home for use as a gypsy site for one family. Amended description of development to clarify use of site as a gypsy pitch not tied to the applicant.

·  15/0550/FUL-Woodmans Hill Farm,Talaton-Proposal- Demolition of existing dwelling and outbuildings and replacement dwelling

·  15/1335/FUL-Construction of agricultural workers' dwelling|Land At Lashbrook Farm Talaton

The Clerk to arrange site visits prior to the planning meetings on the 22nd &24th June

c. Items for circulation: Cllrs felt that a response to the Quarry development at Straightgate Farm (which had

been previously circulated) was required as the development would affect the water table and the environment.

Cllr Higgs to draw up a response and circulate to the Councillors.

8. To Discuss Electoral Review of Devon: After a discussion and input from DCC Bowden, Cllr Lenehan to draft a response to the review and circulate to the Councillors.

9. Parish Maintenance: Items requiring attention, including BT Box and update on Lengthsman schedule.

Mr Young brought up the matter of the rabbits on the allotments, Cllr Spry to straighten the upright post next to the gate, once this post is back in an upright position the fence should be rabbit proof. Mr Young was willing to assist Cllr Spry if required.

BT Box-Cllr Lenehan will to meet with Mr French and discuss what work still requires to be done. Cllrs approved the purchase of new glass panels for the box.

Lengthsman Schedule- the Clerk had received a copy of the lengthsman schedule and the work to be carried out. The cutting which is not being done this year is the 1m strip on all verges which used to be cut beyond visibility splays. Roads within rural areas- cutting on visibility areas(junctions,lay-by;s and the inside of bends) is undertaken on an as needs basis, at a frequency of 2 or 3 times per annum on the priority network and once on other roads down to and including Maintenance category 10 roads.

The following issues were raised by Cllrs for submission to DCC Highways

·  Visibility issues at Beacon Cross and Bittery Cross- Strimming required urgently

·  Blue Anchor- pothole caused by previous flooding.

·  Holly Ball Cross- water coming out of the ditch on the wood side has caused the road to drop away ( road not worn away)

·  Rydon Farm- on Talaton side- potholes re-appearing

· 

10. To Discuss arrangements for the Emergency Committee & Emergency Box:

Discussion took place as to the use of the BT box for storing the Emergency Box. Cllr Samson suggested that the BT box could be used for housing a Defibrillator. Cllr Samson to forward details of the Community Heartbeat Scheme to the Councillors. The Emergency Committee will remain with the existing members providing practical help with the Parish Council taking responsibility for running the committee. The matter to be discussed on the next agenda.

11. To review Standing Orders, Code of Conduct, Financial Regs & Complaints Procedure: All Councillors had been issued with copies of the statutory documents. Adoption of the documents was proposed by Cllr Higgs and seconded by Cllr Hawkins.

12. To Discuss Parishes Together Fund: Cllr Hawkins explained the criteria for eligibility for the fund and how the money had been spent in previous years. Cllr Hawkins asked Cllr Samson if the WW1 project that he was involved with met the criteria for the grant, at this point Cllr Samson declared an interest in this item. The WW1 project has been put off till a later date, however a production of Godspell, being run as part of the Churches for All programme will possibly apply for funding. Cllrs will discuss this item on the next agenda when other ideas might be forthcoming.

13. Items for information only or discussion on the next agenda:

The Clerk had received a complaint from a farmer with regard to dogs being exercised in fields without the prior permission of the farmer. Many dog owners are unaware of the problems that can be caused to livestock by dog faeces and are oblivious to the Countryside Code. The Clerk to put an item in the Calendar asking dog owners not to exercise their dogs in any fields unless they have permission of the farmer.