MICKLE TRAFFORD & DISTRICT PARISH COUNCIL
EXTRA ORDINARY PARISH COUNCIL MEETING
WEDNESDAY 6TH MAY 2010 AT 7.00 PM
MICKLE TRAFFORD VILLAGE HALL
Present: Cllr Roger Parkin - in the Chair, Cllr Les Bartley, Cllr Ian Jones, Cllr Rand Law, Cllr Wendy Faulkner, Cllr Roger Brace, Cllr John Jackson, Cllr Dorothy Opyd, Cllr Allan Gardiner, Cllr John Taylor, Cllr John Walsh, Cllr Barbara Harrison, Cllr David Rowlands Cllr Jean Woods, Cllr Glen Nicholas
Mrs L A Whiteley – Parish Clerk
Members of the public: 5
The Chairman addressed the meeting and put forward that it would be beneficial that Cllr David Rowlands and Cllr John Walsh address the meeting to explain the current scenario regarding the imminent appeal inquiry.
ALL AGREED
Item 01/01 - Apologies:
RESOLVED – Cllr Margaret Parker, Cllr Mike Peate – (prior commitment), Cllr Fran Mitchell, Cllr Brian Ancliff – (holiday)
Item 02/01 - Declaration of Interest – Personal/Prejudicial
RESOLVED – None
Item 03/01 - To approvepayment andthe appointment of legal representation for the Parish Council’s interests at the forthcoming Appeal Inquiry (commencing 11 May) regarding the Unauthorised Gypsy / Traveller development: The Street, Mickle Trafford
Cllr David Rowlands advised that the original recommendation for the public inquiry to brief Mr Lewis Denton and instruct him to brief Mr Gill, subsequent discussions with Cllr John Walsh and Mr Lewis Denton have resulted in alteration and re-draft of the proposal:
“That the PC seek advice from Mr Lewis Denton Planning Solicitor, on the approach it should take in responding to retrospective planning applications for unauthorised developments; and what evidence it should gather to support its views on these applications and any subsequent appeals; and that the sum of not exceeding £2000 be agreed to meet these initial costs”
Proposed: Cllr David Rowlands
Seconded: Cllr Roger Brace
Cllr John Walsh advised that the wording should be changed from encampments to developments.
Cllr David Rowlands, Cllr Roger Brace accepted the amendment and that this would supersede the original proposal set out on the agenda.
For: Favour 13
Against: 1
Abstentions: none
RESOLVED - To approvethe appointment of legal representation of Mr Lewis Denton on behalf of Mickle Trafford & District Parish Council on the approach it should take in responding to retrospective planning applications for unauthorised developments.
Cllr John Walsh advised that after consultation with Mr Lewis Denton that the Working Group that it became apparent that they have not produced the sort of evidence that would carry weight at an appeal and that the realisation that a briefed barrister would have little affect to the inquiry and it would be a waste of money. The consensus was that the CWaC case presented was not as effective as it should have been. The only relevant ammunition is the objection on H&S grounds of the Tar Lagoon, and this was not identified as a reason for the initial planning refusal. Cllr David Rowlands stated that we would be wise as a Parish Council to seek advice from Mr Lewis Denton. Cllr John Walsh advised that he and Mr Lewis Denton have spent 3 hours discussing the Inquiry and the Parish Council would be invoiced for this work.
Cllr John Walsh informed the meeting that he called this meeting based on the fact that the sub group deemed that legal representation was required for the inquiry, Cllr Walsh stated that the Parish Council where let down badly by CWaC, a meeting is arranged with CWaC & appointed barrister on Friday 7th May.
Cllr John Walsh advised that he had personally put hundreds of hours, gathering and collating information and looked at other gypsy appeals. Cllr John Walsh stated that he passionately wishes to see this appeal fail. Deal or no deal, we have one opportunity, but upon discussion it is deemed that we have not gathered sufficient evidence to proceed with legal representation at the inquiry. I would like to extend the proposal to seek advise that if this goes through as a 3 year temporary application and how this is delivered.
The Chairman suspended the meeting at 7.17pm to allow members of the public the opportunity to speak.
Mr Pastouna stated that residents and the Parish Council need to be more proactive, we require positive steps, and be supportive of more proactive approach.
Mr Chris Jackson stated that the application was refused initially as it was incompatible, and should be refused subject to extra ordinary circumstances.
The Meeting reconvened at 7.20
Cllr Les Bartley asked where Mickle Trafford Ward Councillor’s were as they were not present at the meeting, the Chairman advised that Cllr Eleanor Johnson has been an active participant and attended working group meetings and that Cllr Eleanor Johnson was unavailable for tonight’s meeting, Cllr John Walsh advised that he was informed by Cllr Eleanor Johnson that Cllr Storrar and Cllr Brian Stowe were also unavailable.
Cllr David Rowlands, there are 2 aspects to this case, the law is wrong; the only way to change is through political lobbying. .
Cllr Allan Gardiner, who will be pleading on our case at the appeal inquiry, we need to determine if Mickle Trafford Ward Councillors will be attending, Cllr John Walsh advised that he expected at least one Ward Councillor’s to be present at the appeal inquiry and members of the working group will also be attending.
Cllr Rowlands, most affective action is to be at the appeal inquiry in numbers, essentially advised from barristers they would not be able to do any more than that.
The Chairman asked if Cllr Roger Brace would like to speak as he was seconder for the resolution, Cllr Roger Brace advised that the situation has changed, and asked why we are doing CWaC job for them, it is clear that CWaC have a different agenda to the Parish Council. Cllr Roger Brace asks should we spend any money at all, yes I think that we should, we should not lie down, gypsy and travellers need to see our approach, and be made aware that the Parish Council are not a soft touch. We need to be seen to be doing something, and need to look to the future, what if it happens next week, if a planning application is temporary how do we make sure it temporary. Residents of the parish have donated money and it is in the hands of the Parish Council; but we have an obligation to spend the money in the interests of the group. We need to strengthen our position for the future, and appoint the services and advice of Mr Lewis Denton. I support Cllr Rowlands proposal.
The Chairman addressed the meeting with the following proposal:
“The Working group re-constituted to become a committee of the Parish Council, it will enquire involvement of the Clerk and stated that any confidential issues of strategy & legalities can be contained in (Part B) which legally allows exclusion to public and press”
Cllr David Rowlands, on balance proposal makes sense, perfectly legitimate, to discuss in private session items that for sound reason would be better not discussed in public. If the group becomes an official committee of the PC, decisions legitimate and properly made.
Cllr Wendy Faulkner advised that it essential that the working group becomes a sub-committee of the Parish Council to ensure Quality Status.
Proposed: Cllr Roger Parkin
Seconded: Cllr David Rowlands
Favour – 10
Against – None
Abstentions – 4
Item 04/01 – Date and time of Next Meeting
RESOLVED – Date and time of Next Meeting: Parish Council Meeting – Monday 10th May 2010
Signed: ......
Dated: ......
3
Prepared by Laura Whiteley
5 May 2010
No: 2010/25