MINUTES OF A MEETING OF PURLEIGH PARISH COUNCIL,

HELD IN THE WELLS PAVILION, HOWE GREEN ROAD,

ON FRIDAY, 9th FEBRUARY 2018, AT 7.00 P.M.

 

Members present: Mr. G. Rayner (Chairman), Mr. C. Ash, Mr. S. Bardwell, Mr. B. Oliver, Mr. S. Potter, Mr. G. Strathern.

 

Also in attendance: Mrs. Jane Potter (Clerk).

 

Mrs. Penny Channer (County Council Ward Member) attended the public session prior to the start of the meeting, as did eight Members of the public

 

Eight members of the public attended part of the meeting.

 

1/02/18 APOLOGIES FOR ABSENCE

 

Apologies were received from Mr. N. Arthur who was unable to attend the meeting due to a prior personal commitment and from Mr. John Archer and Miss Sue White (District Council Ward Members) who had prior personal commitments to attend to.

 

Mr. Strathern apologised as he would have to leave the meeting at eight o’clock, due to professional commitments. Mr. Strathern left the meeting during discussion of Agenda item 8/02/18.

 

In the absence of Mr. Arthur, the Vice Chairman Mr. Rayner, took the Chair.

 

2/02/18 DECLARATIONS OF INTEREST AND APPLICATIONS FOR DISPENSATIONS (Localism Act 2011)

 

There were no new declarations of interest made, nor were there any applications for dispensations from the provisions of the Localism Act 2011.

 

3/02/18 THE MINUTES OF THE MEETING OF PURLEIGH PARISH COUNCIL HELD ON 12TH JANUARY 2018 having been circulated to all Members, were approved, and then signed by the Chairman.

 

4/02/18 TO DISCUSS ANY MATTERS OF INFORMATION ARISING FROM THOSE MINUTES:

 

4.1/02/18 Clerk: Members noted that Purleigh Community Primary School had thanked the Parish Council for its grant towards school swimming costs for the children of Purleigh parishioners. The Head of School hoped the Parish Council would continue to support the school in this way in the future, as it was committed to maintaining this valuable opportunity for pupils, and he believed the funding it received from Purleigh Parish Council was crucial in supporting this aim.

 

Members were reminded that at the January 2018 meeting (Minute ref: 8.4/01/18) a grant of £1,400 had been set aside in the precept 2018/2019 to subsidise the cost of swimming lessons for children living in the parish. Members noted that at that meeting it had also been agreed not to release these funds unless the Parish Council was entirely satisfied that the whole amount was being used to subsidise swimming costs for Purleigh children. If the school couldn’t demonstrate this to Members’ satisfaction, the Parish Council would look to release the funds to the school piecemeal, in individual pupils’ names, once their parents had received invoices for swimming lessons from the school.

 

It was agreed to write to the school explaining the Parish Council’s position.

 

4.2/02/18 Members’: Members did not have any matters arising from the January 2018 Parish Council meeting to discuss.

  

5/02/18 PLANNING MATTERS

 

5.1/02/18 Decisions taken between meetings: HOUSE/MAL/17/01468 & LBC/MAL/17/01469 Two storey extension and demolition of mid-20th century single storey extension, including repair work to a listed building. Eastcroft Cottage, Fambridge Road.

 

Having received an amended description of these applications, which made it clear that the listed mid-19th century extension would not be demolished, and been provided with further information from the Conservation Officer at Maldon District Council, the Parish Council RECOMMENDED APPROVAL.

 

5.2/02/18 Current applications: FUL/MAL/17/01475 Conversion of existing building to dwelling. The Stable at Pale Pitt Farm, Latchingdon Road, Purleigh.

Members noted that Cold Norton Parish Council had requested that Maldon District Council consulted its Members about the above application.

The Parish Council RECOMMENDED REFUSAL, on the following grounds:

 

  1. There was no justification for creating a separate unit of accommodation in the open countryside, from the conversion of a building that was not, nor had ever been, used for agricultural purposes. The proposal was therefore contrary to Policies H4, H5 and H7 of the approved Maldon District Local Development Plan 2014-2029 and guidance contained within the National Planning Policy Framework.

  2. The provision of a dwelling on this site, outside the defined settlement boundaries of Purleigh and Cold Norton would fail to protect or enhance the natural beauty, amenity and traditional quality of the rural landscape by introducing an unacceptable built form into a site that currently formed an integral part of, and contributed to, the rural quality of the area. The proposal would therefore fail to make a positive contribution to the locality and would cause an unacceptable degree of harm to the character and appearance of the locality, contrary to policies S1, S8, D1 and H4 of the Local Development Plan and core planning principles and guidance contained in the National Planning Policy Framework.

 

FUL/MAL/17/01259 Two Replacement dwellings. Brook House, Spar Lane, Purleigh.

 

Members took into account the presentation made by the applicant prior to the meeting, which had addressed drainage in Spar Lane and the history of the site (including the agricultural occupancy condition attached to the independent unit of accommodation adjacent to Brook House), and also to the views expressed by an affected resident, who was also present.

 

Members also noted and discussed the contents of a letter from Smart Planning, the applicant’s Agent.

 

The Parish Council RECOMMENDED REFUSAL on the following grounds:

 

  1. The plans contained so many inaccuracies and contradictions that the Parish Council felt unable to make a reasoned recommendation based upon them e.g:

  • There were two different accesses shown to Plot One, so Members didn’t know which one to assess in terms of its impact upon highway safety, neighbouring properties and the locality in general.

  • Point 4.17 of the Planning Support Statement stated that ‘Purleigh is classified as a smaller village under Policy S8 of the LDP wherein growth is anticipated, providing that it does adversely affect the intrinsic character and beauty of the countryside’.

  • The impression given in points 2.13 and 4.20 of a regular bus service in the area was misleading.

  • There was a contradiction about whether one of the proposed dwellings was to have three or four bedrooms.

  • The Planning Statement also stated that the site was not within the Green Belt (point 4.8). The site did however lie within the Danbury Ridge Conservation Zone, where Members understood Green Belt restrictions applied.

  1. There was no longer a proven agricultural need for the independent unit of accommodation adjacent to Brook House.

 

HOUSE/MAL/17/01489 Retrospective application for boundary wall. Primrose, Howe Green Road, Purleigh.

 

The Parish Council RECOMMENDED REFUSAL on the following grounds:

 

  1. The wall, over 1m tall with brick piers, was over-dominant, incongruous and inappropriate in the local street scene introducing harsh urban elements into a very rural lane which was characterised by predominantly green or planted boundaries, contrary to Policy D1 of the Adopted Local Plan 2014- 2029.

  2. Similarly, the wall did not contribute to, or enhance, the local distinctiveness of Howe Green but clashed markedly with its green, soft landscaped appearance, contrary to Policy D1 of the Adopted Local Plan 2014-2029 and guidance contained within the National Planning Policy Framework.

 

Members therefore strongly advocated the removal of the wall and the re-planting of a front boundary hedge.

 

OUT/MAL/18/00111 The demolition of existing outbuilding and erection of a detached 2 bedroom bungalow. Land adjacent to Tye Meadow, Spar Lane, Purleigh.

 

The Parish Council RECOMMENDED REFUSAL on the following grounds:

 

  1. The provision of a dwelling on this site, outside the defined settlement boundary of Purleigh, would fail to protect or enhance the natural beauty, tranquillity, amenity and traditional quality of the rural landscape by introducing an unacceptable built form into a site that currently formed an integral part of, and contributed to, the rural quality of the area. The proposal would therefore fail to make a positive contribution to the locality and would cause an unacceptable degree of harm to the character and appearance of the locality, contrary to policies S1, S8, D1 and H4 of the Local Development Plan and core planning principles and guidance contained within the National Planning Policy Framework.

  2. The site was not considered to be in a sustainable location. Therefore, the creation of a new residential property, remote from community services and essential support facilities, would be contrary to the 'presumption in favour of sustainable development' contained within the National Planning Policy Framework and to Policies S1 and S8 of the Maldon District Local Development Plan. The poor sustainability credentials of the site and its locality, coupled with the impact of the development on the character and appearance of the rural locality, would significantly and demonstrably outweigh the benefits of the proposal when assessed against Policies S1 and S8 of the Local Development Plan and the National Planning Policy Framework as a whole.

 

HOUSE/MAL/18/00048 Part two storey, part single storey rear extension. 57 The Glebe, Purleigh.

 

The Parish Council RECOMMENDED APPROVAL.

 

FUL/MAL/18/00145 & LBC/MAL/18/00146 Proposed extension to existing public house with internal alterations and replacement doors and windows. The Bell Public House, The Street, Purleigh.

 

The Parish Council RECOMMENDED APPROVAL, provided the District Council was satisfied that the proposed development fully complied with Policies D1, D3 and H4 of the Adopted Maldon District Local Development Plan 2014 - 2029, guidance and provisions contained within the National Planning Policy Framework and most importantly that the requirements of Maldon District Council’s parking standards were met without having any detrimental effect on the conservation area in which The Bell is situated.

Members noted that the Parish Council had been notified of the following applications for information only:

 

  • TELPN/MAL/18/00075 Installation of a high speed broadband cabinet. Outside Purleigh Lodge, Lodge Lane, Purleigh. Catsurveys Planning Team.

  • TELPN/MAL/18/00082 Installation of a high speed broadband cabinet. Outside The Haven, Howe Green Road Purleigh. Catsurveys Planning Team.

 

5.3/02/18 Notification of appeals: Members noted that Appeals had been made to the Secretary of State against the District Council’s decision to refuse to grant planning permission for the following development:

 

 

Town and Country Planning Act 1990

Appeal under section 78

Site Address: Rear garden of The Old Post Office, Church Hill, Purleigh

Proposal: Construction of a new dwelling

Application reference: FUL/MAL/17/00300

Appellants name: Mr & Mrs Gilbey

Appeal reference: APP/X1545/W/17/00300

 

Town and Country Planning Act 1990

Appeal under section 78

Site Address: Site adjacent Sovereign House, Hackmans Lane, Purleigh

Proposal: Erection of two dwelling houses

Application reference: OUT/MAL/17/00478

Appellants name: Mr R. Penny – Benjamin James limited

Appeal reference: APP/X1545/W/17/318909

 

5.4/02/18 Maldon District Council planning decisions: Members noted that Maldon District Council had APPROVED the following planning application:

 

  • TCA/MAL/17/01433 T1 Sycamore – Reduce height by 5m and sides proportionately. Turnstone, The Street.

 

5.5/02/18 Other planning matters: 17/00425/BC Brights Villa, Chelmsford Road: It was noted that the District Council had informed the Parish Council that it considered that there were no breaches of planning control at this property that the Council could act upon at this time, and had also informed Members that there was not an agricultural occupancy condition attached to the property.

 

Draft Maldon District Renewable and Low Carbon Technologies Supplementary Planning Document (SPD): The Planning Policy Manager, Maldon District Council, informed the Parish Council that the District Council was seeking Members’ comments on the draft Maldon District Renewable and Low Carbon Technologies Supplementary Planning Document (SPD).

 

The Approved Local Development Plan 2014-2029 (LDP) would guide the development and use of land in the District and the draft SPD had been prepared to provide additional detailed guidance on several LDP policies relating to the development of renewable and low carbon technologies in the District.  It also provided guidance on how to deliver more energy efficient development through the use of sustainable building standards.

 

Members noted that the draft SPD, comments form, and its SEA Screening Report and Equalities Impact Assessment were available to view and download at the Council’s website www.maldon.gov.uk.  All documents were also available to view at the Council’s offices and at all local libraries.

 

Members noted that following the consultation all comments would be considered and changes made to the SPD where appropriate.  The District Council was anticipating adopting the SPD in June 2018 and once adopted it would become a material consideration when making decisions on planning applications.

 

As the consultation period ran from Monday, 29th January to Friday, 9th March 2018 (the date of the March Parish Council meeting) it was agreed that Members would submit any comments they wished to make to the Clerk for collation and submission to the Planning Authority, should all Members agree.

 

North-Western Area Planning Committee: Members noted that Maldon District Council had invited the Parish Council to speak at the North-Western Area Planning Committee meeting held on 5th February 2018 on the following planning application, which the Parish Council had recommended be approved:

  • FUL/MAL/17/00802 Retrospective – siting of two containers for agricultural use. Blackstone Farm, Lodge Lane.

In accordance with the policy agreed at the May 2017 Parish Council meeting (Min ref; 7/05/17) it had been agreed not to make any representation at the meeting.

 

Chelmsford Pre-Submission Local Plan, Sustainability Appraisal, and Habitats Regulations Assessment: The Parish Council was invited to comment on the pre-submission Local Plan. Comments were required by 14th March 2018 so, given the size of the Plan, it was agreed to circulate the documents between meetings and put the Chelmsford Local Plan on the Agenda of the March 2018 meeting so that the Parish Council could make a formal response if it wished to do so. It was noted that Purleigh parishioners may be particularly impacted by the proposed development of South Woodham Ferrers to the north of Burnham Road (B1012), where it was proposed to create 1,000 new homes, a travelling show-people site for 5 serviced plots, 1,000sqm of business floor-space and 1,900sqm of retail floor-space and by the 100 new homes proposed in Danbury.

 

6/02/18 HIGHWAY MATTERS

 

6.1/02/18 Highway verge, The Street: Members received a report of a site meeting held with Jon Simmons (Essex Highways Highway Liaison Officer, Local Highway Panels: Chelmsford City and Maldon District) on Thursday, 25th January 2018.

 

The meeting had also been attended by Steven Bardwell, Steven Potter and Gavin Strathern (Parish Councillors) and Penny Channer (County Council Ward Member). Jane Potter (Clerk, Purleigh Parish Council) had also been in attendance.

 

The Parish Council had been grateful to Mr. Simmons and Councillor Channer for attending the meeting, as it had enabled Members to show them the damaged grass verge at first hand and discuss the Parish Council’s proposed solution.

 

Having assessed the scheme, Mr. Simmons felt that it was viable, but that if Essex County Council was going to be asked to contribute towards the cost it would have to be validated and put forward as a minor works scheme to the Maldon District Local Highways Panel.

 

The meeting discussed whether granite kerb stones would be required, given that the site was in the heart of Purleigh’s conservation area, even though those immediately adjacent to the area were made of concrete. The meeting noted that there would be additional cost implications for the scheme if the County Council decided that conservation area kerbing was required.

 

To try to keep costs down, Mr. Bardwell had kindly agreed to draw up a design for the scheme (based on guidance provided by Essex County Council) which would be forwarded to Mr. Simmons as soon as possible.

 

It was also agreed that Mr. Simmons would start the validation process prior to the scheme being put to the next meeting of the Maldon District Local Highways Panel scheduled for March 2018, of which Councillor Channer was a Member.

 

Members thanked Mr. Bardwell for his continued help with this project, which was proving invaluable.

 

6.2/02/18 Other highway matters: Temporary road closure, Maldon Road: Members noted that the Parish Council had received a letter from a resident of Burnham Road concerned about the Parish Council’s ability to divert traffic away from Maldon Road when it was flooded, and the detrimental effect this may have on the properties in Burnham Road which lay on the diversion route.

 

Mr. Potter reported that he had visited the resident concerned and explained that the Parish Council would merely be acting as an agent of Essex County Council to speed up the road closure process, and that the road would only be closed on very rare occasions.

 

The resident had been satisfied with this explanation.

 

Members noted that Olive Porter (Network Assurance Officer, Essex Highways) had sent the Parish Council the Notices which needed to be displayed before closing Maldon Road. Three of these had been passed to Mr. Bardwell who would put them up if the road needed to be temporarily closed, as previously agreed with the Highways Authority and three were given to Mr. Potter in case Mr. Bardwell was unavailable.

 

Parking restrictions in The Street: Members noted that residents had been advised by the South Essex Parking Partnership that the request for parking restrictions had been investigated and discussed with Officers at Maldon District Council and the Parish Council. It had been agreed that the request would now be submitted to the next South Essex Parking Partnership Sub Committee to seek funding to progress the proposed parking restrictions by way of a legal Traffic Regulation Order. Although the date of the meeting had not been confirmed it was likely to be late February or early March.

 

If funding was secured, a Traffic Regulation Order would be drafted and a notice of proposal would be published in a local paper and on site. Once the proposal had been published, any person could object to the proposal within a 21 day statutory period. If there were unresolved objections the matter would be referred back to the SEPP Sub Committee for a final decision. The committee would then agree to either proceed as published, amend the proposal or withdraw it in its entirety.

 

7/02/18 PLAYING FIELD AND OPEN SPACES

 

7.1/02/18 Children’s play area: Monthly report: Mr. Ash reported that he had carried out his usual inspections of the Children’s Play Area and that all items of play equipment therein appeared to be in a satisfactory condition. There was evidence however of increased mole activity.

It was agreed to consider asking PG Groundcare Ltd to carry out further rodenating of the mole hills in May 2018, and in the interim Mr. Strathern and Mr. Bardwell agreed to release a smoke pellet in the affected area, provided there were no restrictions on them doing so.

7.2/02/18 To set the letting fees for the pavilion and associated facilities 2018/2019: The Parish Council gave careful consideration to a detailed breakdown of income from, and expenditure on, the pavilion and playing field up to 31st January 2018, together with estimated income and expenditure for 2017/2018 and 2018/2019.

Members noted that during 2017/2018 expenditure on the pavilion and playing field was expected to exceed the income derived from them by the sum of £2,098.03 and that if letting fees remained at their current levels, expenditure on the facilities was expected to exceed the income derived from them by the sum of £3,794.50 during 2018/2019. Members noted that if the cost of grass cutting and insurance were included in the calculation of expenditure, the anticipated deficit in 2017/2018 would be approximately £5,900.00.

 

The Parish Council then gave careful consideration to the cost of providing the facilities and to the individual needs of each user group.

 

The Parish Council confirmed its commitment to subsidising the pavilion and playing field to a certain extent, so that as many local clubs and organisations as possible could use them. Members also acknowledged however that they had a duty to minimise the expense levied on those parishioners who did not use the facilities.

 

After due consideration the Parish Council agreed that the letting fees for the Pavilion 2018/2019 should be as follows:

 

Occasional Bookings: The rate for occasional bookings for Purleigh parishioners remain £7.50 per hour.

 

The rate for the hire of the pavilion on one Saturday evening and the following Sunday morning to prepare for and hold the annual plant sale remain £50.00.

 

Regular Bookings:

 

Purleigh Croquet Club: The rates for Purleigh Croquet Club remain £6.50 per hour (hire of the pavilion from Mid-April to Mid-October for approximately three to four hours per week).

 

Whist Drive: The rates for the Whist Drive remain £6.50 per hour (hire of pavilion for approximately 2 hours every Monday evening).

 

Purleigh Old People’s Housing Association: The rates for Purleigh Old People’s Housing Association remain £6.50 per hour (hire of pavilion for approximately two hours on the fourth Friday of every other month).

 

Purleigh Playing Field Association (PPFA): It was agreed not to charge the PPFA in 2018/2019 for the hire of the pavilion to hold committee meetings in recognition of its fundraising efforts (12 evening meetings on the fourth Thursday of each month). This arrangement would however continue to be reviewed along with all the other hiring charges on an annual basis.

 

The fees for the PPFA to hold coffee mornings on the third Thursday of the month remain £6.50 per hour.

 

Table-tennis club: The fees for the table tennis club remain £6.50 per hour (hire of the pavilion on the first and third Thursday evenings of each month).

 

U3A Aviation group: The fees for the U3A aviation group remain £25 per session (hire of the pavilion on the third Tuesday afternoon in the month).

 

Kalma: The fees for Kalma remain £7.50 per hour (hire of the pavilion on Wednesday evenings).

 

Block Bookings

 

Purleigh Cricket Club: Members noted that the Cricket Club had used the facilities when required for home fixtures on Saturdays and Sundays and on some Tuesday evenings from May to September inclusive @ £52.50 per match during the 2017 season.

 

It was noted that the Cricket Club had written to the Parish Council ahead of the meeting, to set out its intended usage of the playing field in the 2018 season which it was envisaged would comprise:

 

  • 9 Saturday home league games starting 5th May and ending on 1st September

  • 3 Sunday games including Presidents’ Day

  • 7 home evening (shorter format) Tuesday night games

 

To reduce its costs and continue the restructuring process, the Cricket Club intended to take wicket preparation in house to be completed by player volunteers, and to expand its midweek fixture list as that had proved a successful means of attracting new players, which was the key to securing the longevity of the club. It also hoped to arrange a handful of Sunday games.

 

In summary, the Cricket Club hoped to play up to 12 long format and 7 short format games (weather depending) during the 2018 season, and believed that other than the cost associated with the use of the pavilion on the day, Sunday and Tuesday night games should not need any more grounds maintenance such as extra cuts of the outfield which would have to be paid for by the Parish Council.

 

Members noted that in 2017 the Cricket Club had been charged on a game by game basis and had paid a total of £577.50 (11 matches @ £52.50 per game). In 2016 it had approximately 20 long format and 8 short format games scheduled and had paid a flat rate of £850. The Cricket Club had expressed a wish to return to a fixed fee for the season, instead of usage being subject to change due to the vagaries of the weather and to help the club budget more accurately. As such, the club suggested that a fee of £700 would be a sensible figure for the 2018 season.

 

Members applauded the Cricket Club’s attempt to restructure and utilise volunteers to place the club on a more stable financial footing and wished to support them in their efforts. The Parish Council had to balance this desire to be supportive however against its duty to parishioners who didn’t use the facilities and whose council tax subsidised them.

 

It was therefore agreed to return to charging the cricket club a fixed fee for the season as it had requested, to give the club greater flexibility, but to charge £800 for the 2018 season which worked out at approximately £42 per match based on the club’s anticipated usage (approximately £10.50 less per game than in the 2017 season or less if the club played more matches).

 

It was hoped this would strike the right balance between supporting the Cricket Club and protecting the interests of other parishioners.

 

South Woodham Ferrers Cricket Club: It was agreed that the fees for South Woodham Ferrers Cricket Club for the 2018/2019 season remain £60 per match (hire of the facilities for approximately 9 fixtures on Saturdays between May and September as agreed with Purleigh Cricket Club).

 

Woodham Athletic Football Club: It was agreed that the fees for Woodham Athletic Football Club remain £640 (hire of the pavilion and playing field on Sunday mornings between 1st October 2018 and 30th April 2019).

 

Woodham Athletic Reserves Football Club: It was agreed that the fees for Woodham Athletic Reserves Football Club for the 2018/2019 season remain £640 (hire of the pavilion and playing field on Sunday mornings between 1st October 2018 and 30th April 2019 when the pitch wasn’t being used by Woodham Athletic Football Club).

 

7.3/02/18 Pavilion security: This item was deferred until the March 2018 meeting so that Mr. Bardwell could obtain a quotation for a new master suited lock for the pavilion door and 40 keys from Barry Bros Security.

 

7.4/02/18 Allotment matters: Members noted that between meetings Mr. Arthur had attended a site meeting with an allotment holder to discuss their complaint that some of their property had been deliberately destroyed. Mr. Arthur had noted that this was the day after a storm had occurred and that there was limited evidence to suggest that the damage had been deliberately caused and none to suggest who might have caused it. His inquiries had therefore been inconclusive. Members noted that Mr. Arthur had also noted and approved that the allotment holder in question had put boards around their allotments to retain the soil therein.

 

7.5/02/18 Parish Council groundskeeper: Members noted that Steve Russell (Nestwood Building Services) had put himself forward as a suitable contractor. Members noted however that the current groundsman had indicated that he would now be prepared to carry on in the role if the hedge cutting component of his work was given to another contractor.

 

It was agreed to continue using the services of the current groundsman and to ask A.G. Macmorland to cut the cemetery hedge and the Yew trees once a year.

 

The Parish Council would write and thank Mr. Russell very much indeed for coming forward and would assure him that Members would contact him again should the situation change.

 

7.6/02/18 Other playing field and open space matters: Missing ladder: Members noted that the pair of wooden step ladders which had been missing from the pavilion had been found in the shed.

 

Abandoned cast iron bath: Members also noted that an old bath had been dumped behind the pavilion garage.

 

Portable Appliance Testing: Members noted that on 15th January 2018, Mr. Sumner (Jaggan Safe) had carried out Portable Appliance Testing on 13 portable electrical appliances at the Pavilion and issued a PAT Test Certificate. All items were found to be in working order.

 

8/02/18 The General Data Protection Regulations 2018 (GDPR)

 

8.1/02/18 Getting ready for the introduction of the GDPR on 25th May 2018: Members noted that this was a far reaching and potentially punitive piece of legislation which the Parish Council had to comply with.

 

All data the Parish Council processed was included within the scope of the Regulations i.e. structured and unstructured files, manual records, electronic records, audio and image recordings and data gathered from visitors to the parish website. The Regulations applied to all data that wasn’t processed to comply with other legislation (e.g. the Parish Council’s data processing activities when considering planning applications was compliant with the Town & Country Planning Act 1990 and was therefore exempt.) Any Parish Council data processed on Councillors’ own computers, mobile phones and tablets etc. were also subject to the Regulations.

 

Members noted that to prepare for the introduction of the Regulations, the Clerk had attended two training courses delivered by the Essex Association of Local Councils (EALC) and was booked on a further course on 15th March 2018 to be delivered by the Society of Local Council Clerks (SLCC). She had also consulted the Parish Council’s webmaster and had had data security on her computer and tablet professionally reviewed.

 

  • The Parish Council considered and approved the results of the Data Audit conducted by the Clerk.

  • It was also agreed to review the Data Audit in June 2019 and every two years thereafter or whenever there were changes to Data Protection legislation.

Members noted that it was the District Council’s intention to offer the service of its Data Protection Officer (DPO), currently Ian Phillipson, to the parishes.  If any parish wished to use the District Council’s DPO, Mr. Phillipson was prepared to come out to meet with Councils and Clerks to discuss what had been done, what needed to be done and how the arrangement would work.

 

In the future, he also proposed that the DPO attended all Clerks’ forum meetings in the District and had GDPR/Data Protection as a standing item on the agenda.

 

  • It was agreed that the Parish Council appoint the District Council’s Data Protection Officer as its own, as soon as the District Council had formalised the arrangement.

  • It was agreed that the Clerk would continue to liaise with the District Council’s DPO with a view to his reviewing the work done by the Parish Council so far to prepare for the introduction of the Regulations.

  • The Parish Council agreed to conduct Privacy Impact Assessments (PIA) on all new projects and to incorporate the principle of privacy by design in all future projects.

Members noted that the National Association of Local Councils (NALC) was also working towards helping the sector prepare for the GDPR by:

  1. Continuing to lobby for sector specific advice and financial support from ICO/ Department for Culture, Media and Sport (DCMS).

  2. Publishing a toolkit as soon as possible.

  3. Publishing the toolkit with some clear advice that councils should be making progress towards compliance using the toolkit, but recognizing that the sector was still waiting for specific advice from the ICO and that there were some elements that needed to be finalised.

  4. Liaising with the Society of Local Council Clerks (SLCC) to agree a common approach.

  5. Trying to identify “approved suppliers of a DPO service” or a single national partner especially for smaller councils, and encouraging councils to think carefully before signing up to commercial suppliers for any long term contracts (in the light of 6 below).

  6. Setting up a sector led data protection and cybersecurity body to help develop support for the sector including a sector led DPO service (and seeking financial support for this from the DCMS).

 

At this juncture, with the agreement of all present, the Chairman gave a report on the most recent meeting of the Dengie Hundred Group of Parish Councils which he had attended on behalf of the Parish Council, before Mr. Strathern had to leave the meeting. The Chairman’s report is Minuted under Agenda item 11/02/18. Mr. Strathern then left the meeting.

 

8.2/02/18 Purleigh Parish Council – data protection policy: The Parish Council considered two draft privacy policies prepared by the Clerk. One applied to all the data processing activities of the Council, the other was specifically aimed at visitors to the parish website.

 

The Parish Council:

  • Considered and adopted the draft Data Protection Policy prepared by the Clerk and circulated to members prior to the meeting.

  • Considered and adopted the draft Privacy Policy (re: the parish website www.purleigh.com) prepared by the Clerk and circulated to members prior to the meeting.

  • Agreed to publish both policies on the parish website, once details of the Data Protection Officer were finalised.

 

8.3/02/18 Purleigh Parish Council – privacy notices: The Parish Council noted that it would need to incorporate privacy notices whenever it was processing personal data, for example on emails; on pavilion letting fees and key holder agreements, on allotment tenancy agreements, on its website and whenever it consulted parishioners. Members noted that a privacy notice was the script by which the Parish Council must make clear what information it held, what it was going to do with it, with whom it was going to be shared and what a data subject could do about it.

  • Members noted and approved that all emails sent in the Parish Council’s name would now include the following privacy notice:

‘ … Jane Potter

Clerk, Purleigh Parish Council

27 Anchor Reach, South Woodham Ferrers, Chelmsford, Essex. CM3 5GS. Tel: 01245 320426.

 

This email (including any attachments) is intended for the recipient(s) named above. It may contain confidential or privileged information and should not be read, copied or otherwise used by any other person unless express permission is given. If you are not a named recipient, please contact the sender and delete the email from your system. It is the recipient's responsibility to ensure that appropriate measures are in place to check for software viruses. …’

 

  • It was agreed that the following privacy notice, or very similar, would be incorporated in all future letting agreements and allotment tenancy agreements:

 

‘ …Privacy Notice

The personal information about you contained in this agreement will be held by Purleigh Parish Council so it can manage the pavilion and playing field [allotments] and contact you about your period of hire [tenancy]. Your information will not be shared with, or made available to, anyone else unless the Parish Council is required to do so by law, and will not be kept once your period of hire [tenancy] has ended and all audit and legislative requirements relating to it have been met.

 

For further information about how your information will be used and kept secure please feel free to contact the Clerk on 01245 320426 or at jane.m.potter@btinternet.com or see the Parish Council’s privacy and data protection policies at www.purleigh.com.

 

Hirer or tenant’s signature:

[On behalf of club organisation]:

Date: …’

 

8.5/02/18 The operation of CCTV at the pavilion and CCTV Protocol: Members noted that personal data referred to anything that could identify an individual, and included CCTV. The processing of CCTV images was considered a high risk activity under the GDPR.

 

Members noted that CCTV Data had to be used and kept only to fulfil its original purpose. For instance, if the purpose of holding data was to identify individuals engaged in criminal activity, the footage should be of sufficient quality to do so and be available to the Police should they request to view it. Recording times and the retention period shouldn’t be determined by the equipment’s capacity but by how long it was needed to fulfil its original purpose, so if there were no incidences of vandalism during the day, the cameras should only record at night and footage should be deleted as quickly as possible.

 

CCTV recordings needed to be kept securely, be password protected and encrypted where possible and viewing the images needed to be restricted to the data processor and the Police.

Members noted that individuals had the right to request a copy of any CCTV footage in which they were in focus and/or clearly identifiable. If the request was valid and permissible, the organisation needed to supply the individual with that footage within 30 days of the validation.

 

Members noted that in ‘In the Picture: A data protection code of practice for surveillance cameras and personal information’ produced by the Information Commissioner’s Office, which had been circulated to Members prior to the meeting, the Information Commissioner’s Office insisted that organisations carried out a Privacy Impact Assessment (PIA) to assess the extent to which CCTV monitoring was required and the effects of it on those whose images may be captured. It required a justification of where CCTV monitoring was required and at what times, and also gave detailed guidance about the storage and security of the images collected.

 

In light of this guidance, and the requirements of the GDPR, it was agreed to stop the recording of images from CCTV cameras at the Pavilion pending the successful conclusion or implementation of the following:

  • It was agreed that the Clerk and Mr. Bardwell would carry out a (PIA) on the use of CCTV at the Pavilion.

  • It was also agreed that Mr. Bardwell would ask Bradling Security for some advice about how to improve the security and storage of the images recorded on the Parish Council’s CCTV system and also about introducing signage which was fully GDPR compliant.

 

Depending on the results of the PIA:

 

  • It was agreed to improve the content and location of the signage to enable people to opt out of entering the cameras’ field of vision.

  • It was agreed to enhance security for the CCTV equipment (access, encryption where possible and password protection).

  • Members considered and approved in principle the draft CCTV Protocol prepared by the Clerk, which had been circulated to Members prior to the meeting, and to publish it once the PIA had been carried out and its results had been presented to and approved by the Parish Council.

  • Once the PIA had been carried out and its results presented to the Parish Council it was agreed to inform the Information Commissioner and the Police that Purleigh Parish Council was operating a surveillance scheme and to provide them with the results of the PIA and a copy of the CCTV protocol.

 

Members noted that all aspects of the GDPR also applied to any audio recordings taken at meetings.

  • It was therefore agreed to display prominent signs in the Pavilion advising people attending parish Council meetings that the proceedings were being recorded.

 

9/02/18 TO CONSIDER THE DRAFT AGENDA OF THE ANNUAL PARISH MEETING to be held on Thursday, 26th April 2018

 

The draft Agenda for the 2018 Annual Parish Meeting, circulated by the Clerk prior to the meeting, was discussed and amended. It was agreed, that as the Parish Council no longer cut the grass or front hedge at the village hall and hadn’t given the hall a grant for many years, not to include a representative of the Village Hall Management Committee on the list of speakers invited to the APM.

 

It was agreed that the Clerk would send out notices of the meeting to the relevant speakers and invite them to deliver a brief résumé of their organisations’ activities during the last twelve months.

 

10/02/18 FINANCIAL MATTERS

 

10.1/02/18 To receive a report of receipts: Members received a report of the following receipts:

 

 

Kalma

Pavilion hire: October to December £210.00
     

Mr. S. Gibb

Allotment rental £25.00
     

U3A Aviation Group

Pavilion hire: October to December £75.00
     

H.M. Revenue & Customs

VAT Refund £585.64

 

  £895.64

 

 

 

10.2/02/18 To approve payment of accounts between meetings: Members noted and approved that the following account had been paid between meetings, adhering strictly to the procedures outlined in the Parish Council’s Financial Regulations 5.5.

 

 

E-On

Electricity - Pavilion £68.99  

 

VAT  £3.45 £72.44

 

 

10.3/08/18 To approve payment of accounts to hand and transfers between bank accounts: It was unanimously agreed to approve payment of the following accounts to hand:

 

 

Mrs. Jane Potter

Salary – January 2018 £1,226.00  

 

Less tax £39.00  
 

National Insurance

£65.52  
 

And Pension Contributions

£71.11  

 

    £1,050.37
       

H.M. Revenue & Customs

Tax £39.00  
 

National Insurance (employees)

£65.52  
 

National insurance (employers)

£75.35  

 

    £179.87
       
Essex Pension Fund  Employee contributions    
 

(5.8% pensionable pay)

£71.11  
 

Employer contributions

   
 

(16.7% pensionable pay)

£204.74  
 

Administration charge

   
 

(8% employee contributions)

£5.69  

 

    £281.54
       

Mrs. R. Dilworth

Pavilion cleaning – January 2018    

 

20 hours @ £7.50 per hour   £150.00
       

Mr. M. E. Sumner

PAT testing electrical items in the Pavilion    

 

And issuing a certificate   £49.50
       

RBS Invoice Finance Ltd 

Photocopying £19.70  

 

VAT £3.94  

 

    £23.64
       

Mrs. J. Potter

Petty cash reimbursement    
 

Light bulbs (pavilion)

£12.45  
 

VAT

£2.49  
 

Postage

£5.04  

 

    £19.98

Reliable Fire

Fire extinguisher maintenance £53.40  

Protection Services

VAT £10.68  

 

    £64.08

 

    £1,818.98

 

 

 

Transfers: Members noted and approved the following bank transfer:

 

  1. On 6th February 2018 the sum of £1,220.66 had been transferred from the Business Premium Account (80731099) to the Community Current Account (40731080) to cover payment of the accounts to be paid at the Parish Council meeting held on 9th February 2018 and leave approximately £1,500 in the current account.

 

Bank reconciliation as at 31st January 2018: A bank reconciliation for the period 1st April 2017 to 31st January 2018 was carried out by Mr. Rayner and approved by the Parish Council as follows:

 

Statement of Accounts:

 

 

Receipts:

£83,265.70 Barclays Bank Plc:  

Expenditure

£47,797.15    Current account £1,238.60

 

     Business Premium Account £18,893.42
   

   Historic Buildings Fund

£8,770.23
   

   Miss Pawsey’s Legacy

£6,516.30

 

________ Petty Cash £50.00

 

£35,468.55   £35,468.55

 

 

 

11/02/18 CORRESPONDENCE

 

Dengie Hundred Group of Parish Councils

Mr. Rayner reported that he had attended a very interesting meeting of the Dengie Hundred Group of Parish Councils on 17th January 2018, which had highlighted the need for, and benefits of, Parish Councils and Clerks working together to achieve common goals and sharing knowledge and expertise (e.g. on planning and highway matters). The meeting had included a presentation by the District Council’s Planning Policy Officer on the Local Development Plan, who had also tried to explain why the District Council had agreed to remove the parish trigger.

 

Post Office

Closure of Purleigh Post Office: Members noted that the Network Operations Manager, Post Office, had written to the Parish Council explaining that, as Members were aware, Purleigh Post Office had been closed since December 2016 following the resignation of the Postmaster and the withdrawal of premises for Post Office use.

 

Unfortunately since the closure the Post Office had not been unable to identify a suitable solution. He was therefore writing to the Parish Council and other local representatives to advise Members that as there had not been any suitable opportunities to restore a service, the branch would remain closed.

 

He would of course explore any suitable opportunities if there were any significant changes in the area in the future. However due to the length of time the branch had been closed, the Post Office would need to satisfy itself that any new opportunity would be sustainable for both the Post Office and the operator. The Post Office regretted that it had been unable to restore a service in Purleigh.

 

Mr. Ash agreed to discuss the continued closure further with the Post Office on behalf of the Parish Council.

 

Buckingham Palace Garden Party: Members noted that the Parish Council had successfully nominated Gavin Strathern, who would be attending a garden party in May accompanied by his wife Liz.

Essex County Council

During discussion of Agenda item 5.5/02/18 Cllr. Channer updated Members on the work of Essex County Council which had recently been focussed on setting the budget 2018/2019. The continued reduction in central Government funding, which would disappear completely by 2020, combined with increasing demand for services, increases in inflation, business rates and National Living Wage payments, meant the Council was proposing to increase Council Tax for only the third time in the last eight years.

 

This would rise by 2% through the Government’s social care precept, which would be ring-fenced to adult social care, and 2.99% to support the delivery of vital services such as highways, public transport, libraries and recycling centres. The proposed rise meant a £1.12 per week increase for the average Band D property.

 

Cllr. Channer also advised Members that Maldon District Council was also planning to increase its Council Tax by 2.99%.

 

12/02/18 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 8.50 p.m.