Purleigh Parish Council

Present: Mr. K. Ascott, Mr. L. Cooper (District Councillor), Mr. D. Fleming, Mrs. S. Owen,

Mr. S. Potter, Mr. G. Staines, Mr. Gavin Strathern, Mr. G. Strathern, Dr. R. Woodcock.

Also in attendance: Mrs. Jane Potter (Clerk). and Mr John Archer, District Council Ward Member.

The meeting was not attended by any members of the public.

Apologies were received from Mr. Brian Oliver who was unable to attend the meeting due to a prior personal commitment. and from Mr John Archer, District Council Ward Member.

In the absence of Mr. Oliver, Mr. Potter took the chair in his capacity as Vice Chairman.

Mr. Strathern apologised for his late arrival, having been unavoidably detained. Mr. Strathern joined the meeting during discussion of Agenda item 11.2/05/06.

Each Member present at this juncture reviewed their entry in Purleigh Parish Council’s Register of Members’ Interests.

It was agreed that those Members who were absent would review their entries prior to the start of the June 20056 Parish Council meeting.

Mr. Potter proposed, and it was agreed, that Mr. Oliver be elected Chairman for 2006/2007. It was noted that prior to the meeting Mr. Oliver had consented to his nomination.

In the absence of Mr. Oliver, it was agreed that he would sign his Declaration of Acceptance of Office, by which he undertook to observe the Parish Council’s Code of Conduct, prior to the June Parish Council meeting, in the presence of another Member or the Council’s Proper Officer.

Mr. Ascott proposed, and it was agreed, that Mr. Potter be appointed Vice Chairman for 2006/2007.

It was agreed that the Parish Council’s representatives on various local bodies for 2006/2007 be as follows:

The Parish Council resolved that:

7/05/06 THE MINUTES OF THE PARISH COUNCIL MEETING HELD ON 21^st APRIL 2006, having been circulated to all Members, were approved, and signed by the Chairman.

8/05/06. TO DISCUSS ANY MATTERS OF INFORMATION ARISING FROM THOSE MINUTES:

8.1/05/06 Clerk: 10/04/06 Transport Needs Consultation – 27^th April 2006: Members noted that the afternoon had been well attended and that the Essex Rural Transport Partnership (ERTP) would collate the comments made by parishioners and submit them to Essex County Council in a report about future public transport needs in the Dengie Hundred. The Parish Council would be sent a copy of the ERTP’s final report.

8.2/05/06 Members’: Members did not have any matters arising from the April 2006 Parish Council meeting to discuss.

9.1/05/06 Decisions taken between meetings: Members noted that the Parish Council had not made any recommendations to Maldon District Council between meetings.

9.2/05/06 Current applications: There were no current planning applications for Members to consider.

9.3/05/06 Notification of appeals: Members noted that the Parish Council had not been notified of any appeals between meetings.

9.4/05/06 Maldon District Council planning decisions: Members noted that Maldon District Council had APPROVED the following applications:

9.5/05/06 Other planning matters:

Members noted that the Parish Council had received a copy of the above-mentioned TPO, which had been made by the Council on 18^th April 2006. Since Section 201 of the 1990 Act was applicable, the Order had become provisionally effective on the date it was made and would remain so until confirmed or otherwise within the period of six months from that date.

It was noted that the TPO related to two Oak trees at the front of the property.

Section 106 Unilateral Undertaking – Purleigh: Members noted that in an effort to spread awareness and information regarding the existence of section 106 planning obligations, the District Council had decided to bring to the attention of Parish and Town Councils the completion of agreements and unilateral undertakings affecting their areas. Given the above, the Parish Council was given a copy of an alert notice produced for internal use by District Council Officers summarising the provisions of the undertaking recently completed in respect of land at Hillview Farm, Slough Road.

10.1/05/06 Bridleway claim: Birchwood Road to Chelmsford Road via Kent Wood: In response to the Parish Council’s request for a progress report on the claim for a bridleway through Kent Wood, Members noted that Mary Morris (Principal Legal Assistant, Essex County Council) had forwarded the Parish Council a draft Section 31(6) declaration and plan submitted by Woodland Investment Management which did not affect the route of the proposed bridleway but suggested an alignment of the footpath slightly to the north of that originally envisaged by the County Council. 

The Parish Council were pleased that Woodland Investment Management Ltd had decided to dedicate a footpath, but felt it would be better if the footpath followed the northern edge of the wood between the proposed bridleway and Footpath 16.

The Parish Council was able to confirm that it was its view that this re-alignment corresponded to the route walked on the ground.

Members also noted that Mrs. Morris believed that it had been suggested that if the Parish Council wanted to secure a larger area of woodland for public use, it could buy the land.  She was confident that Woodland Investment Management would be delighted if the Council were to consider purchasing either Foyle or Scott’s Wood for wider public access than just the two routes included on the Order, as the Order may well be considered something of a blight on the land as far as other prospective purchasers were concerned, despite the relatively affordable price that was being asked (Foyles Wood, approximately 9 acres £59,000; Scotts Wood approximately 6 acres £45,000).

Members noted that the Parish Council had also received a letter from Richard Scholfield (Estate Manager, Woodland Investment Management) explaining that as the Parish Council was aware his company were in the process of organising rights of way with Mary Morris and access to the woods was closed off while they were doing this. In the mean time they would very much like to make the woodland open to the ‘parish’ while the bluebells were in flower.  If the Parish Council thought that local residents would like this, it was invited to let Mr. Scholfield know so that arrangements could be made. The Company did however have concerns about public access, namely flytipping, poaching and travellers, which would need to be addressed.

Members appreciated Mr. Scholfield’s offer but it was noted that parishioners were continuing to gain access to the wood and that the bluebells were now past their best.

Ground Levels in the Wood: Members noted that at the Parish Council’s request Mr. Searle (Arboricultural Officer, Essex County Council) had inspected the wood on 2^nd May 2006. He had subsequently written to the owner of Bonnell Wood giving him until 1^st December 2006 to remove the dredged material from the pond (with hand tools) and to restore the original ground levels in the wood, as the dredged material left in situ was likely to detrimentally affect a number of semi mature and mature woodland trees.

A copy of Mr. Searle’s letter was placed in the circulation folder for Members’ information.

10.2/05/06 Other highway matters: Utility poles in the pedestrian footpath, Cold Norton Road: The Parish Council agreed to write to Essex County Council’s Highways Department requesting that they ask for two utility poles to be removed from the pedestrian footway between Norwood and Sunnyside, Cold Norton Road. The poles were situated within the newly reconstructed and restored pedestrian footway and presented an obstacle to pedestrians.

Disabled parking bay, The Glebe: Members noted that Essex County Council proposed to introduce a disabled parking bay in The Glebe, on its North side, from a point approximately 9.2 metres west of the boundary of numbers 43 and 44 in a westerly direction for a distance of 6.6 metres. This was because the County Council had received a request from Occupational Therapy for the provision of disabled parking bays to be provided outside the residences of members of the public considered to be disabled. There was no scope for off road parking facilities at this location and therefore it was proposed to alleviate the difficulties experienced by disabled residents, who were otherwise forced to park away from their residences, by providing an on-street disabled parking bay.

The Parish Council agreed to explain the parking problems in this section of The Glebe to the County Council and to advise Officers that it had written to the Plume Housing Association in January 2006 requesting that dropped kerbs be installed in front of their properties to try to alleviate the problems being experienced by residents. The Parish Council believed that installing a disabled parking bay as proposed would exacerbate an already difficult situation. The Parish Council therefore opposed the Order but would ask the County Council to work with the Plume Housing Association to install dropped kerbs to encourage more residents to park within the curtilage of their properties. It was agreed to send a copy of the Parish Council’s letter to the Plume Housing Association to the County Council by way of evidence of the Parish Council’s earlier concerns.

Utility poles in the pedestrian footpath, Cold Norton Road: The Parish Council agreed to write to Essex County Council’s Highways Department requesting that they ask for two utility poles to be removed from the pedestrian footway between Norwood and Sunnyside, Cold Norton Road. The poles were situated within the newly reconstructed and restored pedestrian footway and presented an obstacle to pedestrians.

Pot holes Pump Corner: It was agreed to ask the County Council to carry out road repairs where required, in the vicinity of Pump Corner.

Spraying of public footpaths: Mr Ascott reported that it had been brought to his attention by a concerned parishioner that a landowner had put up notices at various entrances to their fields between the Glebe and Lodge Lane warning people that the fields had been sprayed with a pesticide, which could be lethal to dogs if they consumed it. Since one of these notices had been attached to the fingerpost in Lodge Lane which indicated Footpath 47, the implication had been that the footpath had also been sprayed, so Mr. Ascott had reported the matter to Chris Brown (District Rights of Way Officer). Mr Potter informed the Parish Council that in actual fact he had put up the signs on the landowner’s behalf, and that the footpaths that crossed the fields had not been sprayed, only a small area behind The Westerings. The signs had been put up because the landowner was concerned about the welfare of dogs, which people habitually exercised across their land without permission. He had located the signs near to the places where people gained unauthorised access to the landowner’s fields and had utilised the fingerpost. Mr. Potter pointed out, and it was confirmed by Mr. Fleming, that it was not illegal to spray a cross-field footpath with pesticide, and that this was the usual method farmers used to define footpaths across arable fields. Mr Ascott’s view was that it was illegal to spray a footpath with substances such as pesticides which were noxious to animals and informed the Parish Council that the fingerpost should not have been used for displaying a warning sign if the footpath it indicated had not been sprayed. He also wished the Minutes to record that he thought Mr Potter’s attitude was obtuse.

11.1/05/06 Children’s Play Area: Mr. Ascott reported that 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.

Safety surface: The Parish Council noted that the damage to the playing field caused when the contractors were gaining access to the play area to install the safety surface had been satisfactorily repaired and that the skip had finally been removed.

11.2/05/06 Pavilion extension: Mr. Strathern joined the meeting during discussion of this Agenda item.

Foundations: Members noted that in response to receiving a copy of a letter from Jim Osborn (Architect) to Mr. Steeples, Chairman, Purleigh Playing Field Association (PPFA) regarding the design of the proposed foundations, the Chairman had called a site meeting which had been held at 7.00 p.m. on Wednesday, 3^rd May 2006.

In his letter, Mr. Osborn had outlined his concerns about the appropriateness of using a reinforced concrete raft as a foundation, despite having obtained building regulations approval from Maldon District Council for such a design. He suggested instead that the PPFA should consider submitting another application to the Planning Authority for approval for a pad and beam foundation which would avoid the differential movement which Mr. Osborn believed would occur with the raft foundation.

At the site meeting it was noted that Mr. Lynch, the Parish Council’s building contractor, was happy to proceed with the raft foundation. He was not happy however to use a pad and beam design which he felt would raise health and safety issues due to the depth of the excavation required compared with the small size of the building area.

Members noted that further to the site meeting held on 3^rd May 2006, Mr. Steeples had received the original letter from Peter Griggs (Maldon District Council, Building Control Officer) dated 10^th April 2006 giving Mr. Osborn authority to proceed with the pavilion extension using a raft type foundation (ref: BC/0625/91). Mr. Griggs’ letter pointed out that Mr. Osborn would need to ensure that the potential movement of the raft would not have a detrimental effect on the remainder of the building and its services.

That being the case Mr. Osborn had suggested to the PPFA that Mr. Lynch should be asked to confirm in writing that his construction method would allow for potential movement between the raft and the existing building.

The view was put forward that the potential health and safety issues which may have arisen if an alternative foundation design had been approved could and should have been overcome if they were a better option as far as the building was concerned, and that the wrong approach to this matter had been taken.

It was agreed however to write to Mr. Lynch instructing him to proceed with the extension and to ask him to confirm in writing that It was agreed his construction method would allow for potential movement between the raft and the existing building, as suggested by Mr Osborn.

Revised Quotation: Members noted that G.J. Lynch Building Contractors had submitted the following revised quotation for the Parish Council’s consideration:

Plus VAT.

Mr. Lynch also submitted the following proposal for stage payments upon invoice and on satisfactory completion of each stage of the extension as follows, for the Parish Council’s approval:

Plus VAT.

It was agreed to accept Mr. Lynch’s revised quotation and proposals for stage payments.

Members noted that Mr. Steeples had asked whether the Parish Council would request payments of its donation from the PPFA pro rata. The PPFA could provide the Parish Council with payments as it needed them but would obviously prefer to keep the funds in its reserve account as long as possible to maximise interest. Once the Parish Council had instructed Gary Lynch to proceed with building works, the PPFA would arrange the award presentation with John Archer et al. Members noted that the PPFA would pay the structural engineer’s bill of £200 for the foundation design directly.

It was agreed to ask the PPFA to give the Parish Council the pledged donation of £18,444.68 (Mr. Lynch’s revised quotation less £2,000 grant from Maldon District Council and £1,000.00 Parish Council funding) prior to Mr. Lynch starting work on the extension, as it was envisaged that the project would only take six weeks to complete and the extra interest accrued by the PPFA if the donation were to be made in instalments would be insignificant.

It was also agreed that Mr. Lynch’s invoices could be paid between Parish Council meetings if necessary, adhering strictly to the procedures outlined in the Parish Council’s Financial Regulations, provided Mr Strathern, Mr Staines and the Chairman were satisfied that each stage of the project invoiced for had been properly completed.

11.3/05/06 Voluntary registration of The Common, Farther Howe Green: Members noted that the Parish Council had received a copy of the ownership section of the Register of Common Land and a map showing the Common (Unit CL47) from Essex County Council, and had forwarded these documents on to the Land Registry, as requested.

11.4/05/06 Dog fouling: Byway 41 (Mill Lane to Lodge Lane): Members noted that it had been brought to the Parish Council’s attention that dog owners were picking up mess made by their dogs along Byway 41, putting it in plastic bags and then throwing the bags into the hedge along Byway 41. A concerned parishioner kept collecting the bags and disposing of them appropriately, but wondered whether a dog waste bin could be provided at the Lodge Lane end of the Byway, if notices could be put up warning people of the consequences of littering in such a way, or if the Parish Council had any other suggestions to stop this behaviour.

It was agreed that the Parish Council would produce suitable notices, which Mr. Fleming kindly agreed to have laminated, and to ask the residents to try to identify the culprits so that further action could be taken.

11.5/05/06 Other playing field and open space matters: Hire of the Pavilion by the Purleigh & District Folk Dance Club: It was noted that the Folk Dance Club had advised the Parish Council that due to falling attendances, it had been decided to reduce the frequency of its meetings. From June 2006 the Club would only meet twice a month on the first and third Wednesday of the month on a trial basis and would therefore only require the Pavilion on the third Wednesday of each month until further notice.

Uncut grass on the greensward opposite Dovecote, Howe Green Road: Members noted that the Parish Council had written to the Plume Housing Association between meetings asking them to cut the grass on the greensward opposite Dovecote, Howe Green Road which had yet to be cut this season and was now extremely long.

Purleigh Community Primary School – Annual Sports Day: It was agreed to allow Purleigh Community Primary School to use the Pavilion and Playing Field free of charge to hold their school sports day if their playing field was not fit for use, provided the school agreed to repair any damage that may be caused. The school was invited to contact Mr. Potter to ascertain the availability of the facilities.

12/05/06 TO CONDUCT THE ANNUAL RISK ASSESSMENT:

12.1/05/06 The Risk Assessment: The Parish Council noted that the audit regime placed emphasis on local councils strengthening their own corporate governance arrangements, improving their stewardship of public funds and providing assurance to taxpayers. The Parish Council therefore carried out a thorough risk assessment which took steps to identify key risks facing the Council; evaluated the potential consequences to the Council if an event identified as a ‘risk’ took place, and decided on appropriate measures to avoid, reduce or control the risk and its consequences.

12.2/05/06 Matters arising from the Risk Assessment: Apart from the points relating to the Parish Council’s insurance policy AC/5006 (see Minute 12.3/05/06) below, no new risks to the Parish Council were identified. Apart from the points outlined in the Risk Assessment booklet relating to the Parish Council’s insurance policy (12.3/05/06) below, no new risks to the Parish Council have been identified.

12.3/05/06 To review the Parish Council’s Insurance policies: : Please see attached. The Parish Council gave careful consideration to the terms and provisions of its two Insurance policies held with Aon Ltd. and underwritten by Allianz Cornhill Plc (policy numbers: 11/AC/5006/06 and 11/AV/43026/06) which were due to be renewed on 1^st June 2006.

The Parish Council noted that the condition that had been added to policy AC/5006 in 2005, requiring the Parish Council to carry out any work (repairs or removal of play equipment) identified by the Royal Society for the Prevention of Accidents (RoSPA) during their annual inspection of the Children’s Play Area within 60 days of the date of the inspection, unless agreed otherwise by Allianz Cornhill, remained in force.

It was agreed not to make any amendments to the policies for the forthcoming year.

Members were satisfied with the robustness of Allianz Cornhill, and Aon Ltd. who specialised in local government insurance.

12.4/05/06 To review the Parish Council’s Asset Register: : Members did not suggest any amendments to its asset register which showed the Parish Council having assets to the value of £179,528.30 at the close of business on 31^st March 2006.

12.5/05/06 To review the Parish Council’s internal audit procedure:

It was agreed not to make any amendments to the Parish Council’s internal audit procedure.

Members affirmed that the entire Council was responsible for ensuring that public monies were spent or invested legally and that the Council as a whole was collectively responsible for the financial management of the Council.

Members also noted and approved the contents of Mr. Oliver’s report to the Parish Council, written in his capacity as the Council’s internal auditor for 2005/2006.

12.6/05/06 To review the Parish Council’s Best Value Policy:

It was agreed not to amend the Parish Council’s Best Value policy.

12.7/05/06 To review the Parish Council’s Financial Regulations:

It was agreed not to amend the Parish Council’s Financial Regulations.

12.8/05/06 To review the duties of the Responsible Financial Officer:

It was agreed not to amend the duties of the Responsible Financial Officer.

12.9/05/06 To review the Parish Council’s Code of Practice for Handling Complaints:

It was agreed not to amend the Parish Council’s Code of Practice for Handling Complaints.

12.10/05/06 To review the measures taken to comply with the general and specific duties to promote racial equality:

Members were reminded that at the February 2002 meeting (Ref: Minute 9/02/02.1.) the Parish Council had assessed how relevant each of its functions were to the General Duty to promote racial equality. The three parts of the General Duty being to:

1. Eliminate unlawful racial discrimination

2. Promote equality of opportunity and

3. Promote good relations between persons of different racial groups.

Members had then considered how policies could be changed where necessary to meet the general duty, and how to make the changes identified.

The Parish Council had not undertaken any new functions since this meeting.

To meet the specific duty of employment, The Parish Council:

1. Collected the following data

2. Analysed it to detect any patterns of inequality

Members concluded that no patterns of inequality could be detected.

It was agreed to publish this data in the Parish Magazine.

12.11/05/06 To review the Parish Council’s compliance with the Freedom of Information Act 2000: Members were satisfied that the Parish Council was fully compliant with both the Data Protection Act 1998 and the Freedom of Information Act 2000. Members also noted that the Parish Council had complied with the requirement to register as a local authority.

12.12/05/06 To review the Parish Council’s compliance with s17 of the Crime and Disorder Act 1998: The Parish Council was satisfied that it complied with s17 of the Crime and Disorder Act 1998.

13.1/5.05 To approve and sign the Parish Council’s Accounts for the period 1^st April 2005 to 31^st March 2006:: Please see accounts attached. The Parish Council unanimously approved the:

The Chairman and Responsible Financial Officer signed three copies of the Balance Sheet, which showed the Parish Council to have NET ASSETS in the sum of £21,252.01 at 31^st March 2006.

13.2/05/06 The annual audit of accounts for the period 1^st April 2005 to 31^st March 2006: Members noted that Lubbock Fine have advised that the Parish Council’s Annual Return should be completed and returned to them by 30^th June 2006 so that they could carry out the annual audit of accounts.

In order to comply with the legal requirement to enable interested parties and local electors to exercise their rights with regard to the accounts, Lubbock Fine have appointed 30^th June 2006 as the date on or after which interested parties could exercise their rights under the Audit Commission Act 1998 and the Accounts and Audit Regulations 2003.

Members noted that Please note that on 6^th May 2006 the Parish Council had displayed notices informing parishioners that the accounts would be available for inspection at Coppingers, Maldon Road, Purleigh, between the hours of 10.00 a.m. and 3.00 p.m. on Mondays to Fridays (excluding public holidays), from Tuesday 30^th May to Thursday, 29^th June 2006 inclusive (by prior arrangement with the Clerk).

A copy of ‘Council’s Accounts: A Summary of Your Rights’ had been displayed alongside each notice, as required by the Audit Commission Act 1998.

13.3/05/06 To approve the Statement of Accounts (section 1 of the Annual Return) for the year ended 31^st March 2006: The Parish Council approved the Statement of Accounts for the year ended 31^st March 2006 (section 1 of the Annual Return) dated 12^th May 2006; the Responsible Financial Officer’s explanation of the reasons for any significant variances (over 15%) from the last financial year to this, and the Parish Council’s bank reconciliation as at the close of business on 31^st March 2006.

Members noted that the Statement of Accounts had been based on the Parish Council’s Accounts 2005/2006, which had been prepared on an income and expenditure basis.

The Chairman and RFO signed the Statement of Accounts.

13.4/05/06 To Complete the Statement of Assurance (section 2 of the Annual Return): The Parish Council completed the Statement of Assurance, which was then certified by the Chairman and Responsible Financial Officer.

13.5/05/06 Annual Internal Audit Report (section 4 of the Annual Return): Members noted that Mr. Stichbury would complete this section of the Annual Return either on 18^th May 2006 or on 25^th May 2006, prior to the period of public access to the accounts and supporting documentation.

13.6/05/06 To receive a report of receipts: Members received a report of the following receipts:

13.7/05/06 To approve payment of accounts between meetings: Members noted that the Parish Council had not paid any accounts between meetings.

13.8/05/06 To approve payment of accounts to hand: It was unanimously agreed to approve payment of the following accounts to hand:

 * Members noted that at the April Parish Council meeting a cheque in the sum of £12.60 had been signed (being the reduced fee per annum for a three year subscription) but a cheque should have been paid in the sum of £37.80, therefore payment for the difference of £25.20 was required.

Members noted that the next Strategic Health Authority meeting would be held in public at 9.30 a.m. on Wednesday, 31^st May 2006, in the Waterfront Hall, Wharf Road, Chelmsford.

It was noted that the EALC were running the following courses:

Grounds Person Course – Friday, 19^th May 2006 between 9.15 a.m. and 4.30 p.m. in South Woodham Ferrers, at a cost of £85 per delegate.

Employment Issues – On Wednesday, 14^th June 2006 between 9.30 a.m. and 3.30 p.m. in the Foakes Hall, Great Dunmow at a cost of £50 per delegate.

Members noted that John Moore was conducting a survey into the provision of Community Transport (either by minibus or a social car scheme) throughout the Maldon District on behalf of the Maldon & District Council for Voluntary Services and the Rural Community Council of Essex. He asked the Parish Council to inform him like to know whether any geographical areas or user groups were not for any reason receiving the service that meets their needs, the ultimate goal being to identify and address any shortfall.

The Parish Council was not aware of any shortfall in service provision.

Local Authority Byelaws in England: A Discussion Paper: The Parish Council received a discussion paper concerned with procedures for making, confirming and enforcing byelaws.

The discussion paper was placed in the circulation folder for Members’ consideration.

The Parish Council noted that persons over the age of 60 could obtain free bus passes from Maldon District Council’s offices upon production of suitable identification and a passport sized photograph.

It was also noted that funding for the Village Link service was due to stop on 31^st March 2007 and that there was concern that a reduced, possibly minimum service would be provided. Members noted that one of the proposed park and ride services in Chelmsford was now operational.

Mr. Cooper reported that at the Annual Meeting of Maldon District Council the following appointments had been made:

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 8.45 p.m.

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