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MINUTES OF A MEETING OF PURLEIGH PARISH COUNCIL, HELD IN THE WELLS PAVILION, HOWE GREEN ROAD, ON FRIDAY, 8th JUNE 2007, AT 7.30 P.M. Two Parish Councillors were available between 7.15 p.m. and 7.30 p.m. to talk to parishioners. ¨ ¨ ¨ ¨ ¨ ¨ ¨ ¨ ¨ ¨ ¨ Members present: Mr. S. Potter (Chairman), Mr. K. Ascott, Mr. B. Oliver, Mrs. S. Owen, Mr. G. Strathern. Also in attendance: Mrs. J. Potter (Clerk) and Mr. J. Sears (District Council Ward Member). Mr. Brian Mead (County Council Ward Member) attended part of the meeting and four members of the public attended the meeting in its entirety. Mr. J. Archer (District Council Ward Member) attended the public session prior to the commencement of the meeting. 1/06/07 APOLOGIES FOR ABSENCE There were no apologies for absence. 2/06/07 THE MINUTES OF THE PARISH COUNCIL MEETING HELD ON 11TH MAY 2007, having been circulated to all Members, were approved, and signed by the Chairman. 3/06/07. TO DISCUSS ANY MATTERS OF INFORMATION ARISING FROM THOSE MINUTES: 3.1/06/07 Clerk: 2/05/07 Each Member to sign a new Declaration of Acceptance of Office, undertaking to observe Purleigh Parish Council’s Code of Conduct: Members noted that on 17th May 2007 Mrs. Owen had signed her Declaration of Acceptance of Office and renewed her entry in the Parish Council’s Register of Members’ Interests. 6/05/07 To adopt the Local Authorities (Model Code of Conduct) Order 2007: It was also noted that a notice had been placed in the edition of The Maldon and Burnham Standard published on 23rd May 2007, which stated that the Model Code of Conduct including paragraph 12(2) had been adopted by the Parish Council on 11th May 2007 and that it, together with the Registers of Members’ interests and of gifts and hospitality could be inspected during the public session prior to the start of each Parish Council meeting, at the Annual Parish Meeting and by prior arrangement with the Clerk, at Coppingers, Maldon Road, Latchingdon, Chelmsford, Essex. CM3 6LF. Telephone: 01621 740568. 3.2/06/07 Members’: Members did not have any matters arising from the May 2007 meeting to discuss. 4/06/07 PLANNING MATTERS 4.1/06/07 Decisions taken between meetings: FULMAL/07/00504 New entrance canopy to front door. Great Whitmans Farmhouse, Hackmans Lane, Purleigh. Mr. and Mrs. D. Fleming. The Parish Council recommended APPROVAL. LBC/MAL/07/00506 New entrance canopy to front elevation and replacement front door. Great Whitmans Farmhouse, Hackmans Lane, Purleigh. Mr. and Mrs. D. Fleming. The Parish Council recommended APPROVAL. FULMAL/07/00501 Glazed entrance porch, refurbishment of existing conservatory and replacement garage. Howe House, Howe Green Road, Purleigh. The Parish Council recommended APPROVAL. 4.2/06/07 Current applications: FUL/MAL/07/00417 Remove existing old buildings and replace with one new larger building for keeping livestock and horses with machinery storage. Land to the east of The Crib, Hackmans Lane, Purleigh. Mr. and Mrs. D. Markham. Members felt that the building proposed was excessively large (33m x 9m, and 4.6m to the eaves) for the use described in the application and were also concerned that the application was not for an agricultural building. The Parish Council therefore RECOMMENDED REFUSAL on the grounds that the building proposed was excessively large and was therefore contrary to Policy C5 of the Essex and Southend on Sea Structure Plan 2001, which required that development should be well related to existing patterns of development and of a scale, siting and design sympathetic to the rural landscape. The proposed building was also contrary to Policies S2, CC6 and BE1 of the Maldon District Replacement Plan which sought to protect and enhance the landscape by ensuring that the locality was not spoiled by buildings which were inappropriate in a rural setting by virtue of their bulk, scale, design or siting. Members were of the opinion that if this building were to be approved, the countryside would be damaged and it would set a poor precedent for similar proposals within the District. FUL/MAL/07/00572 Single storey conservatory to replace existing. Fourways, Howe Green Road, Purleigh. Mr. and Mrs. Hinchcliffe. The Parish Council RECOMMENDED APPROVAL. FUL/MAL/07/00596 Extension of pond to form lake for private fishing (resubmission of FUL/MAL/07/00245). Oakfields, Hackmans Lane, Purleigh. Mr. G. W. Brown. The Parish Council RECOMMENDED APPROVAL provided that the extension of the pond did not in any way interfere with Purleigh Footpath 11, which ran around the hedge line, or necessitated the footpath being fenced in. 4.3/06/07 Notification of Appeals: Town and Country Planning Act 1990 Appeal by: NPower Renewables Site Address: Land at Hockley Farm. Proposed Wind Farm, Hockley Lane, Bradwell-On-Sea. Application Reference No: FUL/MAL/06/00291 Appeal Reference No: APP/X1545/A/06/2023805/NWF Description of development: Construct wind farm comprising of 10 turbines of maximum 121m to blade tip height, sub-station building, anemometer mast and ancillary infrastructure. Members noted that as previously advised, the enquiry commenced on 5th June 2007 at the Council Offices, Princes Road, Maldon and that it was expected to conclude on 20th June 2007. The Parish Council noted however that it was intended that on 12th – 13th June 2007, the enquiry would be held at Southend Airport to deal purely with aviation matters. There were very limited spaces available for members of the public to attend on these days. 4.4/06/07 Maldon District Council planning decisions: Members noted that Maldon District Council had APPROVED the following applications:
4.5/06/07 Maldon District Local Development Framework – Sustainability Appraisal. Maldon Design Guide Scoping report: Members noted that the District Council was consulting on the contents of this document until 22nd June 2007. The Maldon Design Guide (MDG) would provide detailed design guidance for applicants, architects and other built environment designers for residential development and would eventually be adopted as a Supplementary Planning Document, which would form part of the Local Development Framework. It was agreed to advise Maldon District Council that the Parish Council considered it disgraceful that a document so riddled with typing errors should be put out to consultation, since the mistakes contained within it made it incomprehensible in places and therefore impossible to respond to in a constructive manner. It was agreed to copy the Parish Council’s complaint to the Chief Executive. 4.6/06/07 Noise and odour complaint – Elbistan Kebabs, Maldon Road: Members noted that Ellen Barkley (Environmental Health Technician, Maldon District Council) had advised that she had been investigating a complaint concerning motor noise from refrigerated units at Elbistan Kebabs, a meat processing plant, and that she suspected that this was the source of the noise being complained about by residents of Thatchers Croft and Maldon Road. As Miss Barkley was of the opinion that a statutory nuisance existed in relation to noise from the refrigerated motor units, she had served an abatement notice under section 80 of the Environmental Protection Act 1990 on 30th January 2007. The company had appealed, but on 23rd April 2007 Chelmsford Magistrates’ Court had upheld the Notice and the company had now to address the noise disturbance and abate the nuisance. Members noted that following on from the hearing, Miss Barkley had extended the Notice period to 30th July 2007, to allow the company time to carry out the necessary works to abate the nuisance and comply with the terms of the Notice. Their proposal was to erect an acoustic fence panel for which planning permission was required, and which would take a number of weeks to process. During Miss Barkley’s investigations, she had visited the site and surrounding area on many occasions, but had never experienced any odours from the factory. Nor had she received complaints of odour emanating from the factory from those residents living immediately next to it. Miss Barkley had asked residents to contact her when they next had a problem with an offensive odour and she would try to ascertain its source. 4.7/06/07 Planning for Gypsy and Traveller accommodation in the East of England: Issues and Options Consultation: Members noted that The East of England Regional Assembly was seeking the Parish Council’s views on the number and distribution of Gypsy and Traveller caravan pitches across the East of England, and had forwarded a media and information pack for Members’ information. It was noted that the consultation period ended on 31st July 2007. The information pack was placed in the circulation folder for members’ information and it was agreed to put the matter on the Agenda of the July 2007 Parish Council meeting. 4.8/06/07 Other planning matters: Members did not have any other planning matters to discuss. 5/06/07 HIGHWAY MATTERS 5.1/06/07 Loose deer in Marlpits Road: Members noted that the Parish Council had been advised by a resident of Cold Norton, who habitually travelled home late at night from Broomfield, that a family of deer were at large and frequently roamed along and across Marlpits Road, posing a threat to themselves and road users. The resident had contacted Essex County Council with a view to getting a warning sign erected, but Officers had requested that the Parish Council express its support for the new signage before deciding whether to proceed. It was agreed to ask Essex County Council to erect signs alerting highway users to the presence of deer in Marlipts Road (in the vicinity of Hyde Woods), and in Fambridge Road near Bury Farm where deer had also been frequently observed. Grass verge outside Purleigh Law, Walton Hall Lane: Members noted that the grass verge had not yet been reinstated outside Purleigh Law, Walton Hall Lane, following the damage caused to it by a refuse collection vehicle. Pedestrian Footway, Chelmsford Road, Rudley Green: It was agreed to write to the County Council requesting the proper reinstatement of the pedestrian footway in Chelmsford Road, which had been damaged during recent maintenance work carried out in the road. Damaged signs: It was agreed to draw the County Council’s attention to the damaged signs in Farther Howe Green and at Purleigh Wash. Damage to the highway outside Michelette, The Street: It was agreed to ask the County Council once again to repair the damaged highway in the vicinity of Michelette, The Street. 6/06/07 PLAYING FIELD AND OPEN SPACES 6.1/06/07 Children’s Play Area: Mr. Ascott reported that he had carried out his usual weekly inspections of the Children’s Play Area and that all items of play equipment therein appeared to be in a satisfactory condition. The Clerk signed the written record of Mr. Ascott’s weekly inspections. 6.2/06/07 To receive RoSPA’s annual report on the condition of the Children’s Play Area: Members noted that RoSPA had inspected the play area on 10th May 2007. The Inspector’s general comment was that the playground was in good condition and was well maintained. According to RoSPA work was required however, on the following items: Site and ancillary items: RoSPA recommended a minimum distance of 1m between seats and fencing and the Inspector had also recommended installing a sign at the Howe Green Road entrance to the playing field warning motorists that children were playing in the vicinity. It was agreed that as there was not any play equipment near the road, a sign warning motorists that children were playing in the vicinity was unnecessary. Members also felt that the current position of the seating was satisfactory. Equipment: Bridge and Slide Unit: Members noted that as the bridge was accessible to under 3 year olds if they were placed on it by a ‘carer’ RoSPA had recommended that a sign stating ‘Item not to be used by under three year olds’ was installed. (Low/medium risk). The Inspector also advised monitoring the rusty chains to the bridge as some wear was showing and suggested that the damaged platform timbers were repaired (Medium risk). As the bridge logs could be moved forming finger entrapments they also needed securing to allow minimal movement. (Medium risk). Surfacing: Members noted that a protective surface was recommended for this item and should be programmed into future development. (Low risk). It was agreed to inspect this piece of play equipment at 7.00p.m. on Friday, 13th July 2007 prior to the next Parish Council meeting, to determine whether it was worth retaining. Seesaw: It was agreed to ask Mr. Ovel to infill the damaged wood. Surfacing: Members noted that a protective surface was recommended for this item and should be programmed into future development. (Low risk). 2 Junior swings – 1 bay: It was agreed to purchase 2 new seats to replace those RoSPA had identified as being damaged. 2 Cradle Swings –‘T’ type: Members noted that the distance between the seat side and the support was insufficient (Low risk) and that the seats were set at the incorrect height. It was agreed to ask Mr. Ovel to re-set the seats to the correct height. (To meet EN1176, the minimum ground clearance is 350mm. A maximum seat surface to ground distance of 635mm is recommended. (Low - Medium risk). It was also agreed to purchase a new seat to replace the damaged one, and to ask Mr Ovel to remove the excess chain links at the top of the suspensions. Spring Dog: Members noted that no remedial work was required at this time, except to level out the ground around the spring animal. Tyre Unit and Overhead ladder: Members noted that RoSPA was concerned by accidents on some types of overhead ladders. There was, however a strong development value in these items. If possible on angled or S shaped bars, consideration should be given to installing level bars with firm grips and even spacing. It was noted that the protective surface under all bars must be kept in good condition. The Inspector’s report advised that the safety surface was lifting and needed re-sticking and the gaps and joints filled as necessary. (Medium risk). It was noted that this safety surface had been installed in March 2006 at a cost of £4,854.00 plus VAT. The Clerk had contacted Adventure Playgrounds (the manufacturer) to see if the surface was still under warranty. Mr. Menaul from the company had agreed to visit the site as soon as possible to assess the damage. 6.3/06/07 Goalpost safety scheme: Members noted that under new Regulations the use of football posts that had metal cup hooks attached would be banned from the start of the 2007/2008 season. The Chairman had inspected the goalposts on the playing field and they were not the type banned by the new rules. 6.4/06/07 Other Playing field and open space matters: The Smoke-free (Premises and Signs) Regulations 2007: Members noted that as of 1st July 2007, a law would come into effect which required virtually all enclosed public spaces and workplaces to become smoke free. The legislation required providers of enclosed public spaces to ensure that their premises were smoke free and that the correct ‘No Smoking’ signage was displayed. Members noted that the law stated that signs ‘needed to be displayed in a prominent position at every entrance to smoke-free premises’. The Parish Council had therefore acquired some free ‘No Smoking’ signs from Smokefree England, and had displayed them in the Pavilion. Fire extinguisher maintenance: The Parish Council noted that the fire extinguishers in the pavilion had been serviced, new signage had been displayed and a fire blanket had been purchased for the pavilion kitchen. Damage to the Pavilion: It was agreed to write to Mick Elliott (Chairman, Purleigh Cricket Club) asking if he knew whether any members of the Cricket Club were responsible for the damage caused to the handle on the kitchen door, as it been broken during the weekend of the 2nd and 3rd June when the Cricket Club was the only authorised user of the Pavilion, and if he did know who was responsible to ask them to get the handle repaired as soon as possible. The Parish Council would also ask Mr. Elliott to ensure that the mats were put away after matches and not left on the Pavilion tables. 7/06/07 To co-opt four people onto the Parish Council Members noted that four parishioners had confirmed in writing that they would like to be co-opted onto the Parish Council. It was proposed and unanimously agreed to co-opt the following people onto the Parish Council: Lawrence Cooper, Keith Gower, Mervyn Perriman and Maureen Stock. Members noted that the Clerk had prepared packs for each Councillor containing useful guides and documents. It was agreed that as they were present, Mr. Gower, Mr. Perriman and Mrs. Stock would sign their Declarations of Acceptance of Office after the meeting. It was also agreed that Mr. Cooper could sign his Declaration of Acceptance of Office at his earliest convenience after the meeting. 8/06/07 PARISH PLANS Members noted that this item appeared on the Agenda at the request of Mr. Ascott. It was noted that Parish Plans had been initiated following the Rural White Paper in 2000 and encouraged the community to become proactively involved in planning for its future. The importance of these community led plans had been reinforced by the Home Office Paper ‘Firm Foundations’ in December 2004. The essential characteristics of community-led plans were that they were produced at a very local level and with a high degree of community involvement. They enabled local community groups to get actively involved in the decision-making processes that affected the future of their locality and addressed a range of social, environmental and economic issues. Plans produced two main types of outcome – action which could be undertaken by local groups, and proposals to influence the actions, decisions and policies of larger organisations. Members noted that Defra funding was available for Parish Plans via the Rural Social and Community Programme (and was available until March 2008). The Rural Community Council of Essex had information about funding and about the grant application process. Field Officers were also available to assist in the development of parish plans. If the Parish Council wanted only to influence development in the area, it could produce a Local Design Statement, which could be incorporated in local planning policy. The Local Authority had to be involved however and the design statement could not conflict with any aspect of the Local Development Framework. Members noted that Local Design Statements worked best in areas with a distinct local character, which needed protecting from insensitive development. They were difficult to apply however in large parishes with mixed architectural styles. At this juncture, with the agreement of all present, the Chairman closed the meeting so that Brian Mead (County Council Ward Member) could discuss the advantages of making an input into the Local Development Framework with the Parish Council. After an interesting discussion the meeting was reconvened and it was agreed that the Clerk would obtain further information about how best to make an input into the Local Development Plan for example by producing a Local Design Statement from the Rural Community Council of Essex, and that the matter would be put on the Agenda of the July 2007 Parish Council meeting. 9/06/07 FINANCIAL MATTERS 9.1/06/07 To receive a report of the internal audit of the Parish Council’s Accounts for the year ended 31st March 2007: Members noted that Mr. Stichbury had carried out a thorough internal audit of the Parish Council’s accounts for the year ended 31st March 2007 on Friday, 18th May 2007 between 9.00 a.m. and 12.10 p.m. A copy of Mr. Stichbury’s report to the external auditor (Section 4 of the Annual Return) was given to each Parish Councillor. Members noted that there were no matters arising from the internal audit to report to the Parish Council. It was also noted that the Parish Council’s completed Annual Return for the year ended 31st March 2007 had been sent to Lubbock Fine for external audit. 9.2/06/07 To receive a report of receipts: Members received a report of the following receipts:
9.3/06/07 To approve payment of accounts between meetings: Members noted and approved that the following accounts had been paid between meetings, adhering strictly to the procedures outlined in the Parish Council’s Financial Regulations 5.3 - 5.7.
9.4/06/07 To approve payment of accounts to hand: It was unanimously agreed to approve payment of the following accounts to hand:
10/06/07 CORRESPONDENCE Dengie Hundred Group of Parish Councils Members noted that the next quarterly meeting of the Dengie Hundred Group of Parish Councils would take place on 13th June 2007, in the Scout Hut, King Edward Memorial Field, Southminster. The meeting would commence at 7.30 p.m. Essex Association of Local Councils Buckingham Palace Garden Party: Members noted that the EALC was likely to be allocated tickets for its membership in Essex to be a guest at a Buckingham Palace Garden Party in 2008. The Lord Chamberlain had taken the view that invitations were in recognition of past service and it was therefore appropriate (according to the EALC note) that Councils should nominate Chairmen or Mayors who had given ‘service of recognition’ to their community. It was agreed to nominate Mr. George Staines. 11/06/07 POINTS OF INFORMATION Members did not have any points of information to share. CRIME AND DISORDER ACT 1988 (SECTION 17) Consideration was given to the crime and disorder implications of all decisions made at this meeting. There being no further business, the Chairman closed the meeting at 8.26p.m. After the meeting, Mr. Gower, Mr. Perriman and Mrs. Stock signed their Declarations of Acceptance of Office.
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