Minutes of Modbury Parish Council Meeting
Monday 13th March 2017 at 7.00 PM
Pavilion, Queen Elizabeth II Recreation Field
Apologies: Mr Rosevear Mr Joseph; (also sent but not received until later) Ms Brown and Mr Berry.
Present:Mr Taylor (Chair), Ms Shepley, Messrs Barnes, Weeks, Hattersley, Lawrence, Ward and Cole. Also present Ms Huntley, Mr Hosking and 5 members of the public.
Open Forum:
1)So far the new development appears to be commencing as per the plans which is good.
2)Opposition was expressed to the later proposed agenda item for the vacant land at the back of Galpin Street to be utilised as an orchard. It was felt that the space would be much better used for parking. Modbury already has 2 orchard areas.
3)Yesterday’s cycling event had caused problems to some residents with around 30 vehicles parking in Long Park and on the corners/verges from 09.30am; with bikes left on pavements/against peoples fences. Can anything be done to encourage them to use bottom car park in future? Notice has to be given to the police about such events (as the cyclists effectively form a “rolling road block”). No other rules apply. The cycling clubs/events use the Pavilion as their base and unfortunately the car par was at capacity.
4)The Chair welcomed Elizabeth Huntley as the new South Hams District Councillor.
5)Concerns about New Mills Lane were expressed as the abutting bank was damaged when the new larger substation was installed in the industrial estate (in place of the old smaller one). The developers have not yet repaired the entrance into the industrial site although attempts to fill in the gap have been made. There are concerns that there might be boundary issues with new properties opening up the lane to adverse possession. This should not be a problem as properties will be fenced off and Bloors will be responsible for the retained land between. The Lane is also full of slurry escaping from Mr Phillips barns. Mr Taylor will liaise with Mr Phillips. It is believed that Bloors have agreed to clean up New Mills Lane also. Clerk will investigate ownership of New Mills Lane.
6)Tree application 0483/17/TPO – The recommendation of the Tree officer is that (unfortunately) the tree is full of honey fungus and needs felling.
7)Thanks to Mr Lawrence for producing the Joint Local Plan housing increase figures/statistics he has for MPC. Thanks also to the South Hams District Councillor for standing up for Modbury.
8)Barracks Road to the Corner of Dark Lane remains a safety issue for children/pedestrians. Could speed bumps be a solution? This has already been investigated and Highways policy is now not to install speed bumps. Cllr Hutley will see what she can do. This subject will be revisted by MPC.
9)Mr Johnson has put substantial planning application in for his land at Bantham. As Bantham is is an amenity we all enjoy, and is also an AONB. Can Cllr Huntley take to SHDC and feed back?Could Modbury look at putting a response in?
17.028. Declarations of pecuniary and other interests
a)Mr Weeks declared an interest in planning item 0246/17/FUL & 0247/17/LBC below (historical). He also declared an interest in item 17.035below, as Chair of the Modbury Allotments Association (MAA).
b)Mr Ward declared an interest in planning item 0288/17/HHO & 0289/17/LBC below (friend of applicant).
c)Mr Cole declared an interest in 17.034.e)because of CVS’s relationship with Modbury Caring.
District Councillors’ Report.
1)She has been advised that a Petition with hundreds of names only carries the same weight as 1 objection. Therefore, Individual objections have a greater impact.
2)The Joint Local Plan is going out for consultation on 15th March until 26th April. This is our opportunity to get things changed. All responses must be received by SHDC (you can email ) before the 26th April. There will be an Exhibition in the memorial Hall meeting room on on 23rdMarch from 3.00pm until 7.00pm with, the Strategic Planner and one other planning officer from SDHC attending who will to take a written record of attendees names and their objections. She recommended attendees first send their response by email to the above email address, then attend the exhibition and ensure their names and objections are written down by the officers, send a further email summarising to seal the deal,.
3)Plans for the Local Authority Controlled Company (LACC) whereby SHDC hoped to sell their expertise to other authorities have now been aborted.
4)SHDC has a new website. This is more user friendly and has a better search engine than before.
5)SHDC will be giving ChampernownePlay Area£30K. Thanks to Lindsay Ward who had worked very hard for this project.Modbury are very grateful.
6)There is still some money available in the District Councillor’s Locality Fund. If anybody has any worthy projects/wishes to apply they should email .
7)Cllr Huntley was asked to follow up the removed signs at the entrance to the industrial estate. MPC would like to see one smart, single sign advertising the businesses in industrial site. There is already a large sign in existence but this needs updating, (and needs to be capable of being changed as traders change). SHDC also need to prune the trees on their land as they are interfering with the street lights. This has been raised with Dan Taylor already. Cllr Huntley will chase this up.
17.029. Police Report.
The Chair read out the police report received from PC Hayhurst. There had been a total of 3 crimes since the last meeting. These were 1 case of fraud, 1 case of harassment and 2 instances of theft/shoplifting. This was a 33% reduction in crime for the same period last year.
PCSO Palmer’s area of responsibility has now increased to include Frogmore, Chillington and Stokenham. This is due to another Kingsbridge PCSO being promoted. Unfortunately there are no plans to fill this this position.
17.030. The siting of double yellow lines (and other markings/short term parking spaces) had been discussed at length and site meetings had taken place in readiness for consideration at the DCC HATOC Meeting on 24th March. A notice had previously been placed on the Noticeboard to clarify the proposed locations which were:-
a)The corner of Silverwell Park/Brownston Street (2 letters of support for this were received by MPC from residents);
b)Back Street, on the bend down from the Memorial Hall;
c)The War memorial – double yellow lines next to the memorial (1 letter objecting had been received by MPC from a resident) historically this had always remained clear for traffic to pass on either side of the war memorial until more recently;
d)Brownston Street - yellow lines to be extended on the east side down as far as the gateway to Traine Paddock; also on the east side a proposal to extend lines over the drains so that access to them is kept clear for cleaning;
e)Additonal proposals for marked parking bays in the area outside Anniversary House; and,
f)“No Through Road” markings on the road at Poundwell to stop people trying to go up Bunkers Hill.
Mr Weeks proposed, seconded by Ms Shepley and all were in favour that this matter should now progress to the HATOC meeting for consideration by Highways. It is anticipated that this will take several months to come into fruition.
17.031. The following planning matters were considered:
84 / 0246/17/FUL &0247/17/LBC / Mr A Hammerstein / The Modbury Inn
42 Brownston St
Modbury / Listed Bldg Consent for replacement natural slate roof, rainwater goods, existing roof lights. Addition of new conservation roof lights, raised ridge height to existing rear extension and new dormer to from elevation
a)84 – Mr Lawrence proposed, seconded by Mr Cole and all were in favour that MPC supports this application.
85 / 0483/17/TPO / - / 4 Treveor Gdns Modbury PL21 0TE / T24: Holm Oak - dismantle and fell, stump to be retained on site and planting includedb)85 – Mr Weeks proposed, seconded by Ms Shepley and all were in favour that MPC supports the recommendation of the Tree Officer to fell the tree.
86 / 0288/17/HHO & 0289/17/LBC / Ms H Garry / Brick House, Brownston Street, Modbury, PL21 0RQ / Householder and Listed Building consent applications for replacement of windows to the front and right elevationc)86 – Mr Barnes proposed, seconded by Mr Lawrence and all were in favour that MPC supports this application
17.032. Minutes of Meeting of 13th February 2017.
a) Members considered the above draft minutes.Mr Lawrence proposed seconded by Mr Barnes
and all in favour bar those not previously present that the minutes were a true and accurate
record.
b) The Clerk had circulated Appendix II Action Plan by email prior to the meeting but reminded
the Maintenance Committee about the Highways Community Enhancement Fund.
17.033. Joint Local Plan (brought forward)Standing Orders were dropped so Martin Ranwell could speak. He believes Modbury is at a critical stage insofar planning is concerned. Everybody needs to stand up and be counted. A public meeting has been called so that residents can air their views on 7th April at the Memorial Hall at 7.00pm. Standing Orders reinstated.
Mr Lawrence had prepared some statistics showing the housing increases proposed by the JLP for the whole of South Hams. The site behind Long Park has been halved. The RA2 site in Poundwell has been removed.The Plan still proposes 173 new houses. The figures include a 25% market uplift from 20,000 households into 27,000 houses. If this uplift could be argued a 25% reduction could bring figure down to 130 odd houses. There is a drop in presentation on 23rd March at the Memorial Hall from 3.00pm to 7.00pm (as mentioned earlier by Cllr Huntley)and the previously mentioned Public Meeting on 7th April which will be chaired by Gary Streeter again. The responses as this meeting will formulate the response that MPC makes to the JLP.
It was pointed out that all towns will be arguing so we would need to argue the market uplift on the TOTAL housing number, no just Modbury, otherwise this could be lost on technicalities.
There are other aspects of the JLP that could be challenged - connectivity to the town has not been addressed; there is a statement that a certain parcel of land is not suitable for development because it is too steep. If facts are being hidden from the inspector, this could be validly challenged.
17.034. Finance and Human Resources
a)MPC considered the payments as listed in Appendix 1; Mr Lawrence proposed, seconded by Ms Shepley and all were favour that the payments be approved.
b)MPC considered the Clerk’s contractual Annual Pay Scale Incremental rise with effect from 1st April 2017. Mr Lawrence proposed, seconded by Mr Hattersley and agreed by all this was approved.
c)MPC considered the contract from the Internal Auditor. Mr Taylor proposed, seconded by Mr Lawrence with all in favour that the Clerk should proceed to sign this.
d)The Zurich Insurance Renewal Documents was discussed and the Clerk was just waiting for confirmation from Zurich that the Fireworks event was definitely included this year. The current 3 year policy expires at the end of March 2018 so new insurance quotes will be required in January 2018 – when doing so consider including the wooden Tennis Pavilion as currently this is insured separately by the Tennis club ffor around £170 per year. Also need to consider contents of the Garage/Old Firestation.
e)MPC considered the request by South Hams CVS that MPC rejoin their local supporter scheme at a cost of £40. MPC previously subscribed at £25. Mr Weeks proposed, seconded by Ms Shepley and all were in favour (bar one abstention) that MPC should rejoin.
17.035. Palm Cross Green Development - General update.
The Council discussed the letter received from the Modbury Allotments Association (MAA) regarding future management of the allotments in RA1. It appeared that a Bloor Sales Agent may have led a “potential plot purchaser” to believe the allotments were “earmarked” for new plot purchasers and that they would be able to get an allotment with their new property without the need for referral to the MAA/to go on their waiting list. Cllr Huntley had asked Rob Sekula to look at the S106 Agreement in this regard. His interpretation was that it was wide open as to who would manage/control the allotment site.
Mr Lawrence proposed, seconded by Ms Shepley and all were in favour bar one abstention, that the Clerk resurrect the email that was sent to SHDC and Bloors to clarify that that MPC would wish the allotments to be under the control of MPC through the MAA.
Who will be responsible for the grass bank abutting the Green/cutting the grass there. MPC considers that it owns the green. DCC is adopting the connecting footpath to the development. A Section 228 notice has been served (this is one clear cut case when such a notice can be applied to unowned land as it has a clear purpose, to get from A to B). Can Cllr Hosking to be asked to check this - and also the RA1 crossing and entrances to Back Street and the School – the road markings were supposed to be more profiled. This is supposed to be a shared area. Is this satisfactory considering the existing and increased numbers of users. (See later.)
The builders are not adhering to the stipulated start times and have been starting earlier and finishing later than they should. In addition a generator sited close to the highest density of residentsis running 24 hours a day. Now the electricity supply has been brought on to site could this not be dispensed with? It appears there are issues with some new footpaths being installed with a 2 foot difference in the height of two (possibly connecting) pavements around the outside of the employment building. They correspond with plans so there must be no intention for the pavements to meet. Mr Taylor will speak with Isaac Kibblewhite about these issues.
The first show house should be ready for the end of the month.
17.036. Committees and working groups. Updates were received from the following:
a)Communications Committee– No further updates at present save for the Messenger this month has been increased to 20 pages.
b)Maintenance Committee need to submit their application for the Highways Community Enhancement Fund. The bid needs to be put in for this week. Mr Lawrence proposed, seconded by Mr Weeks that MPC and all were in favour that MPC should enter into the Road Warden Scheme again this year (so it gets preferential treatment with the fund). Clerk to sign/send off the Agreement.
c)Parish Office Work and Task Group need to action letter received by the Clerk (that day) from the Valuation Agency – deadline 6th April. (Cllr Hosking arrived)
d)Neighbourhood Plan Group – a report had been sent to MPC by the Chair of the NPG. This is available as a separate document from the Parish Office (on request)/on the website.
District Councillors Reports
1)Bus Stop – Nick Colton is moving things forward to implement the request bus stop (although the bus is already stopping where we want it to).
2)DCC Budgethas now been agreed for 2017-18. There is a 4.99% increase to Council Tax equating to £60.30 per year for a Band D house.Despite this the budget included a drawdown on reserves of £14 million. In the budget on 8th March the Chancellor allocated an additional £2 billion (over 3 years) to Social Services to provide approximately £15 million to DCC in 2017/18 and remove the need to draw down on reserves.
3)DCC is to lobby Central Government on the inequity of funding for Devon schools(Devon currently has funding which is £290 per pupil below the national average).The recent review by Justine Greening which has gone out to consultation has not redressed that balance. It gives a slight increase for Devonas a whole but a number of our larger schools will see a reduction in their budget (including ModburyNewton Ferrers/Noss Mayo, and Yealpmton), but smaller schools will see increase. DCC want to see all schools benefit in this review.
Questions - Mr Cole felt there are two major problems. Firstly, Highways who have a huge backlog of work owing the lack of budget; and, secondly the inevitable closure of some smaller schools who have less than 200-250 pupils thus are not viable.
Mr Cole also asked if Cllr Hosking had mentioned to the county solicitor about a test case with “new age” people.
4) Cllr Hosking responded thathighways are running below budget and DCC are thankful to
parishes for helping with works such as the Road Warden Scheme. County Council officers
have secured£7milion funding this year as they are considered one of the leading councils in
country for organisation of highways in these austere times. There are “lower grade” less used
roads that are falling off the maintenance list but they are doing their best and no more can be
done until they have more money.
5) The average number of pupils in Devon schoolsis well below thelevels mentioned by Mr