1 Minutes for meeting of Rockbeare Parish Council 9/1/13

ROCKBEARE PARISH COUNCIL

Minutes for a meeting of Rockbeare Parish Council held at 7.30pm on Wednesday 9th January 2013 at Marsh Green Village Hall.

Present: Cllrs David Miller (Chairman), David Mason (Vice Chairman), Naomi Allen, Colin Please, Dr Bryan Pepper, Jonathan Allen, Jeremy Honeywill, and one member of the public.

Apologies:Cllr Derek Button (District Councillor), Cllr Peter Bowden (County and District Councillor), PC Dave Smith

All councillors were politely reminded of their obligation to declare interests under the Code of Conduct

1.1APOLOGIES: To receive apologies for absence. As above.

1.2MINUTES: Minutes of the last meeting of Rockbeare Parish Council held on Wednesday 12th December 2012 were signed as a correct record of that meeting. AGREED

1.3DECLARATIONS OF INTEREST & RISK ASSESSMENT: To receive declarations of interest and to note any additional risks. NONE

2PLANNING

for details

2.1 DECISIONS (for information)

2.1.112/2102/FUL Broomfield View London Road – Permission granted with conditions for re-grading and raising of rear garden levels to plots C & D pursuant to grant of planning permission 11/1035/FUL.

2.2APPLICATIONS (for comment, support or objection)

2.2.112/2711/VAR Strete Farm Whimple – Variation of condition 2 of planning permission 12 /1082/MFUL allow repositioning of access route and arrangements of solar arrays and condition 9 to allow removal of section of hedgerow and re-siting of inverter housing. COMMENTS: no comments.

2.2.212/2535/FUL Land Northwest of Lower Upcott Marsh Green - Change of use from agricultural to pony paddocks, laying of hardstanding areas and construction of stables. COMMENTS: no objections.

2.2.313/0006/FUL Land lying to the west of Stable Lodge – Construction of agricultural building for livestock and machinery storage and provision of access track COMMENTS: no objections.

2.2.412/2453/OUT West Holme London Road - Demolition of workshop and construction of dwelling COMMENTS: no objections

2.3 TREE & SIGNAGE APPLICATIONS (for decision)

2.3.113/0035/TRE Site Of New Town Honiton Road - Fell 1 Oak tree – 1440 (report awaited) – COMMENTS: The parish council would like this application re registered for the parish council to decide and would like to receive the Arbicultural Officers report before making a decision.

2.4 Cranbrook – 75 houses are currently occupied. It was agreed to ask EDDC for a meeting over the boundary

for Cranbrook.

2.5 Neighbourhood Plan/Parish Plan/Housing needs survey –

2.6Publication of the East Devon Local Plan 2006-2026East Devon District Council has prepared its Local

Plan and proposes to submit it to the Secretary of State under Regulation 22 of the Town and Country

Planning (Local Planning) (England) Regulations 2012. The local plan sets out strategic policy for development and development management policies across East Devon. It includes the full suite of policies for the seven main towns of the District (Axminster, Budleigh Salterton, Exmouth, Honiton, Ottery St. Mary, Seaton and Sidmouth) and the ‘West End’ and countryside areas. We will be doing further work on planning for our smaller settlements through a separate village Development Plan Document.

Parishes and public are invited to submit representations on the ‘soundness’ of the proposed plan from Friday 16th November 2012 until 12 noon on Monday 14th January 2013. Representations will be sent to the Inspector with the plan and only those representations received within this period have a statutory right to be considered by the Inspector at the subsequent examination.

The proposed submission document, a statement of representation procedure and other documents in support of the plan are available to view and download from the Council’s website at:

The plan is also available for inspection during normal opening hours at: East Devon District Council Offices, Knowle, Sidmouth, EX10 8HL and at public libraries in East Devon.

Paper copies of the plan (black and white text book and colour maps booklet) can also be purchased at a cost of £5 plus £2.50 postage and packaging. And we will be sending paper copies free of charge to town and parish Councils in East Devon.

For more information please contact the Planning Policy team on 01395 - 571533, or at the above address or email .

Representations can be made in the following ways: All comments made should use the RefPoints (Reference Points) in the document to pinpoint the place in the document to which the comment refers.

ONLINE – by clicking on a Ref Point (Reference Points) in the document at the point in the text on which you wish to comment (Online submission will be available from 1 December 2012)

Via email By sending a completed representation form to

Via post By sending a completed representation form to Planning Policy, East Devon District Council, Knowle, Sidmouth EX10 8HL

Once your Comments are received you will receive an acknowledgement. However, they will not appear on the list of Representations (which can be viewed online from 1 December) until they have been processed.

Whilst we will consider all representations made within the consultation period completion of the representation form is our preferred method of receiving comments because it will help us to handle your representation quickly and efficiently. A submission has been prepared by Cllr Mason which was agreed by the council.

3 HIGHWAYS, FOOTPATHS

3.1 Highways & Footpaths – it was noted that there was a potential landslip just uphill from Ghyll Cottage

(a short way up from the Church on the right hand side), there is a possibility of this falling onto the

highway. Lengthsman is to be asked if they might scrape out the Culvert on Silver lane by the stream on the south west corner to alleviate water coming down the lane. The Handrail on Parsons Bridge (north west side) was washed away with the floods and needs replacing.Clerk to thank highways for the ditching recently done in the village Mr Askew the digger driver has been doing an exceptional job in clearing the ditches.

3.2 ROAD TRAFFIC REGULATION ACT 1984 SECTION 14 ORDER 2013 TEMPORARY PROHIBITION OF

THROUGH TRAFFIC & PARKING NOTICE is hereby given that Devon County Council has made the above titled order. From MONDAY 25 FEBRUARY 2013 for a maximum of 18 months. Anticipated finish THURSDAY 28 FEBRUARY 2013 Between the hours of 08:00 and 17:00 No person shall cause or permit any vehicle to proceed or wait on the sections of AffectedRoads except for access to land or premises on or adjacent to those length of roads.Roads affected - TURKEY LANE, WHIMPLE , TURKEY LANE THERE IS NO ALTERNATIVE ROUTE. This temporary restriction is considered necessary to enable - UTILITY WORK For additional information contact: WESTERN POWER DISTRIBUTION Telephone: 01392 352503

4 REPORTS

3.1Community Policing – PC Smith – no report this time

4.1Rockbeare Village Hall/Marsh Green Hall – The Village Hall Committee are to stand down and new

committee sought shortly, anyone interested should contact the hall committee as soon as possible.

4.2 District Councillor Derek Button – no report this time

4.3District & County Councillor Peter Bowden – no report this time

4.4 Exeter International Airport Consultative Group – A member of the consultative committee has been

checking the forecast flight & passenger numbers presented in the masterplan and been in discussion with

EDDC. The future predictions may well have many knock on effects in the region and this is felt to be

important.

5 BUSINESS & FINANCE

5.1 Funding applications– none

5.2 Receipts:none

Payments:Village Hall (hire September – November £82.50

Clerk expenses (October- December)£227.13

Clerk remuneration (October- December) £1337.90

Hall Floor£416.76

Cheques for approval: Balance of account at 1/1/13Co-op account £18751.71

5.3 Youth Club – There has been work done by the chairman and a youth work consultant, there are three options available

firstly the bus continues, secondly DCC Youth service supply two youth workers to run a club, or thirdly the parish council

employ a youth worker and have at least two 18yrs + volunteers. Next week there will be a meeting to understand how

many people will use the service. The likely cost implication is the budgeted £5,000 per year. Meeting is 5-7pm on

Thursday.

5.4EDDC Parishes Together Fund – nothing further to report.

5.5Parish council have accepted the resignation of the clerk and she has prepared a job description,

advertisement and contract of employment ready for the council to use, the vacancy has been advertised five

enquiries received so far, including at least one suitably qualified clerk.

5.6 Dispensation for Members and Co-Opted Members of Rockbeare Parish Council 2013/2014 - In

accordance with powers delegated to the Responsible Financial Officer I confirm that, for the period 1 December 2012 to 30 April 2015, all Members and Co-opted Members of the Council shall not be regarded as having a Disclosable pecuniary interest as defined in the Council’s Code of Conduct and have been granted a

dispensation to permit them to speak and vote at meetings of the Council if the matter relates to the setting of

the Precept.

5.7To agree precept for 2013-2014 – agreed precept to be maintained at £20000.

6ENVIRONMENT/COMMUNITY FACILITIES

6.1 Allotments & registration of land – currently being processed by land registry

6.2 Health and Safety – To accept items for action – highways to be asked if height of hedges trimmed vertically
from the road can be increased from the current 10ft.

6.3 Parish Field/ Playing field/ Play areas/ Bus Shelter/ War memorial – it was agreed to cost a gravel path to

the memorial.

6.4 Flood group – a reply has been received from Denise Lyon EDDC and a meeting is to be held on Friday to

resolve issues. Mr Randall has been in contact with the EA to look at an early warning system for the village. It was agreed to look at places around the parish where the path of water can be eased.

6.5Church Graveyard – David Miller has

6.6 Stoneylands - EDDC Parks Development Officer, Mark Pollard looked into ownership of the walled section.

Senior Estates Surveyor at EDDC says it appears that EDDC only own half the land covered by the shrub bed, but not the walled section. EDDC acquired the part we own in 1986 and there is a covenant to maintain it as a public amenity shrubbery.In terms of who may own the other section of land (the half which is walled) this can be traced via land registry if necessary. DCC say they adopted and maintain the grass splay area only and believe that the small wall retaining the adjacent shrubbery at the rear of the highway is part of the shrubbed area and forms the boundary of it. As such, if EDDC are responsible for the shrubbed area then the wall is part of that and maintainable by EDDC.

Reply as at 18th December - Attached is a plan of the EDDC owned land at Stoneylands (within the green outline). Our estate surveyor has checked with our deeds of land transfer and the area outline shown on the plan agrees with the deeds (despite being a rather odd division of the land). EDDC have carried out grounds maintenance of the land (shown in pink) for a long time – I expect that it seemed to be the logical thing to do at the time. It is also quite possible that the wall was built in a curve because it looked nicer and the shrubbery is larger than was originally planned.

From what I can see, the possibilities are;

  1. The land still belongs to the developer.
  2. The land belongs to nobody – orphan land.
  3. The deeds are incorrect and the land really does belong to EDDC.
  4. The wall is in the wrong place and the land should be part of the DCC maintained grass splay.
  5. The land belongs to one of the houses in the development (unlikely).

Could you contact the developer again and see if he has a copy of the deed of transfer which would prove any of the options above? If the answer is 3 then we will add it to the list of repair works required. If the answer is 2 then you may well be able to get your row of terraced houses in there!

Mr Randall to look to see if he can find the deed of transfer.

MEETING TO BE ADJOURNED TO RECEIVE QUESTIONS FROM THE PUBLIC

Members Remember! You must declare any personal or prejudicial interests at the start of the meeting (item number 1.3). Make sure you say the reason for your interest as this has to be included in the minutes. If your interest is prejudicial you must leave the room.

Dates of forthcoming meetings:

7.30pm Wednesday 20th February 2013 Marsh Green Village Hall

7.30pm Wednesday 20th March 2013 Rockbeare Village Hall