Minutes published unapproved for ratification at the meeting on 5 July 2011

MINUTES OF OKEFORD FITZPAINE PARISH COUNCIL MEETING

HELD AT THE PAVILION ON 7 JUNE 2011

PRESENT: Cllr M Burt (Chairman)

Cllr Fox (Vice-Chairman)

 Cllr R Corben

Cllr S Corben

Cllr M Paine

Cllr M Wood

Also present: - Mrs Sandra Deary (Clerk), Cllr Burch (NDDC), Cllr Cox (DCC), Mr Stuart Caundle, Solicitor (NDDC) and 6 members of the public.

1. APOLOGIES: Cllr A Frampton

2. THE MINUTES OF PARISH COUNCIL MEETING 10 MAY 2011 having been circulated to Cllrs and noticeboards were taken as read. It was proposed by Cllr S Corben and seconded by Cllr Wood that they be signed by the Chairman, this was agreed.

3. POINTS FROM THE PUBLIC RELATING TO ITEM 6 ONLY. None

4. DECLARATIONS OF INTEREST

Cllrs Burt & Frampton as members of the Village Hall Management Committee.

Cllrs Burt & Wood as members of the DAPTC.

Cllr Burt as member of CPEND and LDWG.

Cllrs R & S Corben & Frampton as members of Okeford United Football Club

Cllrs R & S Corben as members of Okeford Fitzpaine Allotment Society

The Chairman requested that items 6.11 and 6.12 of the agenda be brought forward to this point together with a closed session at the end of the meeting to further discuss items which might prejudice the Councils position if discussed in open session. It was proposed by Cllr S Corben and seconded by Cllr Paine that this request be adopted, this was agreed by Council.

6.11 Land at top of Back Lane: Cllr Burt advised that the Inspectorate report had highlighted a number of problems which were not covered by the enforcement notice. These would need to be actioned by NDDC. The Parish Council was concerned that the lorry bodies had been reported in October 2005 and since that time the situation had worsened until enforcement was taken in 2011. The Parish Council felt that the amount of time taken for enforcement action was unacceptable. The Parish Council would hope that it would be kept appraised of progress of actions resulting from the enforcement notice and issues raised by the inspector. Mr Stuart Caundle, Solicitor to NDDC agreed to look into this and get back to the Parish Council.

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   1. Land at bottom of Okeford Hill: The Chairman reported that over the bank holiday weekend he had received complaints that there was substantial vehicle movement from the site removing chalk, and that damage had been caused to the road. Mrs Deary emailed Mr S Graeser to inform him of these movements and was informed that the landowner had been in contact to inform him of the excavation and removal of more chalk from the land as part of further levelling and preparation for a building, in respect of which a planning application should be submitted in the next few months.  He stated that from the details given the works do not require planning permission. The means of transporting the chalk from the land, chalk being dropped on the road, the days of the week the work is being undertaken and the damage to the road are not matters that can be controlled under planning legislation. Mrs Deary was asked to email Mr Graeser again to enquire under what regulation this work could be carried out without planning permission. The Chairman had emailed Cllr Cox, DCC and Cllr Burch, NDDC informing them of the situation. The Chairman had also emailed Mr Graeser, Enforcement Officer, NDDC enquiring if the holding was more than 5 hectares and if the development was more than 25m from the classified road and if the development fulfils the conditions laid down in A2 and in particular A2b of the Town & Country Planning Act. Mr Graeser responded today as follows:

In respect of the matters raised I wish to advise as follows:

1. The land holding at Okeford Hill is in excess of 8 hectares in area. 

2.      The excavation work that is being undertaken is well over 25 metres from the metalled part of both the C32 and C100 classified roads.

3.      The excavation work does not cover an area in excess of 0.5 hectares, it is less than 0.2 hectares in area.

4.      The majority of the topsoil being removed is being tipped at the top of the field for spreading at a later date and, whilst some of the topsoil may be spread within 25 metres of the C32, such work is not development requiring planning permission.

5.      The excavation work does not breach planning legislation.  In relation to Schedule 2 Part 6 Class A of the Town and Country Planning (General Permitted Development) Order 1995 (GPDO) it is not a simple matter of looking at the various categories and seeing what may or may not apply, it is also necessary to consider whether the activity is development in its own right and then whether any permitted development rights apply.  In this instance the excavation works carried out last year and this year are considered to be reasonably necessary for the purposes of agriculture on the unit.  The area of excavation has not been enlarged in recent weeks nor the level considerably lowered, the sides of the area have been properly battered (sloped) and a level (possibly finished) ground area produced.  I doubt it was possible to undertake this work in November 2010 as my photographic records of the time show it was very wet  -  not the best conditions to undertake such work.  A building has yet to be constructed therefore A1(d) and A2(1)(a) do not apply.  DCC have determined that the amount of chalk removed from the land is not significant to breach A2(1)(b), especially as the chalk produced is a by-product of an operation for other purposes on the unit, not a mining operation in its own right.  For this reason Class C does not apply.

6.      Following my initial investigation regarding the excavation works on site I inspected the site and I wrote to the owner in November 2010 requesting a planning application as previously explained.  I regret to advise that you are not entitled to a copy of that letter nor the details of current work given to me by the landowner.

Cllr Burt had also written to Cllr Cox, DCC who had copied the email to officers to deal with, the following reply was received from Mel Gibson, Assistant Technical Advisor, Minerals and Waste:

I visited the site and Patrick Goddard confirmed that the chalk was being removed prior to commencement of the barn. He also informed me that chalk was being taken to Ralph Down Farm at Sturminster Newton. At the commencement of the work operations were being carried out with 8 tractor/trailers, this had been reduced to 5 on the day of my visit (Tuesday) and further reduced to 3 on Wednesday, it is anticipated that work will be finished Wednesday/Thursday. Mr Goddard informed me that the Police had visited the site twice over the weekend following complaints of tractors speeding through the village, as a consequence one of the drivers had been laid off. I then visited Ralph Down Farm and met the owner Mr Anthony Knott. The chalk is being used to construct a farm track for cattle that is approximately 1 mile long, the majority of the work has now been completed. The track is on the other side of the A357 from the farm, this will provide animals/vehicles with greater safety rather than having to use what is a very busy stretch of road.
From our investigations/discussions we do not feel that Mr Goddard has committed any breach of planning regulations. I do however feel that his choice to start operations over a bank holiday weekend was ill advised. While I was carrying out the visit the County Council received a further two complaints regarding this matter. I will contact the complainants directly and explain the situation to them.

Cllr Cox stated that the works undertaken were pre-application site clearance and was therefore permitted.

Cllr Burt advised that the Town & Country Planning Act states that minerals must not be removed from the unit and that chalk was classed as a mineral. Cllr Cox stated that Mr Gibson had obviously got the information wrong and that she would speak to him and also contact the Environment Agency to see what action could be taken. The Chairman said that the Council did not consider it proper that clearance work and site preparation should be done before a planning application was submitted and reiterated that Town & Country planning act sections which covered the removal of minerals and the permitted development procedure. It would appear that very little notice had been taken of the emails which had been sent to both the County & District Councils. The Councillors raised various points which they wished Councillor Cox and NDDC to note and this was reinforced by

members of the public expressing concerns regarding the size of chalk pieces which had fallen from speeding vehicles, damage had been caused to a number of vehicles and they felt that the trailers should have been sheeted down in order to stop chalk falling out of them.

The Chairman raised the issue of the bund on Okeford Hill, he had emailed NDDC Solicitor photographs and displayed them to the meeting indicating the amount of earth which had been tipped on top of the existing bund. This bund had been the subject of an application for a certificate of lawfulness which had been refused and then went to appeal, this was dismissed in December 2006. NDDC never followed this up and therefore the bund remains to date, the Parish Council is concerned that enforcement is often not followed through and Parish Council in future needed to retain these items on the agenda until NDDC advised that the items has been resolved and the Parish Council are satisfied that this is the case.

5. District & County Councillors’ Report: Cllr Burch expressed concerns regarding the village shop. She felt that it was now at a critical point and if not used then it would be lost. Mrs Deary was asked to raise awareness of this by putting a notice in the Fippenny News.

6. MATTERS ARISING

6.1 Recreation Ground/Pavilion: Cllr Burt advised that the roof on the new garage/store was nearing completion. The new door for the front would need to be ordered as it would take a number of weeks to arrive. Cllr Wood proposed that the new door be ordered, this was seconded by Cllr Paine. Cllr Burt to order the new door and look into the cost of the door for the small garage, alterations may be required. Cllr S Corben advised that the application for the football club to move up a league had been unsuccessful. However, the football club would still like to erect the barrier as previously discussed. It was agreed that the Parish Council would fund this as discussed at a previous meeting. Cllr Burt thanked Mr Dave Frampton for all his hard work at the recreation ground and elsewhere in the village.

Cllr S Corben advised that he had been contacted by a Shillingstone resident enquiring if the Parish Council would consider allowing occasional use of the recreation ground and pavilion to the Caravan club. Cllr Paine proposed that the council agree in principle to the recreation ground and pavilion being used by the caravan club, this was seconded by Cllr Burt. Further information is required before formal permission is given.

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   1. Bowey Field: Cllr Burt informed the Council that the barrier had been repaired by Cllr Frampton and his father. The annual RoSPA inspection had shown that the surface under the flat swing was badly worn. If work to install new play equipment does not go ahead in the near future this would need to be rectified. Also the multiplay unit would benefit from being painted with timber preservation.

6.2.1 Skatepark request: Mrs Deary reported that she had written to Mrs L Goodall, Chief Executive, NDDC regarding available funding, a response had been received to say that the matter had been passed to Mr M Williams. Mr Williams had responded that the matter had been passed to Mr Hugh de longh the Community Planning Officer who is better placed to advise on this. A member of the public advised the Council that a mobile skatepark could be hired from West Dorset. Cllr Paine agreed to look into this and book it for the summer if available.

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   1. Village Hall Extension and Car Park: N.F.T.R.

   2.  Footway – Castle Lane: Mrs Deary reported that no response had yet been. She was asked to write to the Chief Executive as no response had been received.

   3. Community Planning: N.F.T.R.

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   1. Belchalwell & Fiddleford Items:

6.6.1 Traffic Calming Strips at Fiddleford: Following complaints regarding noise and vibration caused by rumble strips at Fiddleford a site visit took place with Mr Bradley, DCC. It was agreed that the painted strips would be allowed to wear off and not be repainted but to retain the ‘slow’ painted signs. The strips on the Sturminster Newton side would be inspected to see if some interim measure could be taken to reduce the height as these have an upstanding of a few millimetres whilst the Okeford side are flush with the road. It was agreed that removal of the strips would cause damage to the road and probably increase the problems. Mr Bradley will request that the gulley grating opposite Meadowsweet be raised.

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   1. Actions Highlighted in the Parish Plan: N.F.T.R.

   2. Blandford PACT and Home Watch: Cllr Wood informed the Council that a number of suspicious persons had been reported calling at houses and taking bank details from residents to donate to the red cross, following investigations they had turned out to be valid canvassers for the red cross. Cllr Wood will contact the red cross regarding the approach used by their canvassers.

1.  

   1. Parish Grit Bins: Cllr Burt advised that the grit bins had not yet been bolted in place.

   2. Traffic using Back Lane (including hedges at corner of Back Land & Pound Lane): N.F.T.R.

6.13 Wooden Building in field adjacent to the Pavilion: N.F.T.R.

6.14 Allotments: Mrs Deary reported that following a request for scalpings to be allowed at the entrance for the allotments Symonds & Sampson had responded that they were happy to allow this on condition that they would be removed should the need arise.

7. PLANNING MATTERS:

7.1 Applications: None

7.2 Decisions: None

7.3 Updates: 2/2010/0533/PLNG – Land at Back Lane, Okeford Fitzpaine, Dorset – Erect 2 x dwellings form 4 x parking spaces, turning area and modify existing access – Cllr Burt advised that following the refusal of this application it would be highly unlikely that the Parish Council would obtain the agreed land for use as allotments or open space.

7.4 North Dorset District Council Tree Preservation Order - application for work to protected trees at 18 Nethermead, Okeford Fitzpaine, Blandford Forum, Dorser, DT11 0TP. This was delegated to Cllr Wood who would liaise with the clerk to inform her if there were any objections.

8.  CORRESPONDENCE FOR 7 JUNE 2011 PARISH COUNCIL MEETING

 DAPTC – Spring Newsletter

Flood Warden Scheme update

DAPTC Extraordinary Chief Executive’s Circular – AGM – Information and Timetable

The Rural ‘G’ – Homewatch Newsletter Blandford Rural – June 2011

Homewatch newsletter – Blandford South – May 2011

9. REPRESENTATIVES’ REPORTS:

Rights of Way/Footpaths: N.F.T.R

Football Club: N.F.T.R.

Village Hall: N.F.T.R.

1. POINTS FROM THE PUBLIC: A member of the public would like to see a bus service running to West Quay in Southampton, he agreed to put this request to the bus company. Concerns were raised regarding the use of the village hall car park by non-local teenagers late at night on Friday and Saturday. Cllr Wood suggested residents fill in PACT forms to register their concerns, he will speak to the local police to see if they can check out the area. The Chairman suggested that another alternative would be some form of gate or bollard to prevent vehicle access. A member of the public raised the poor standard of grass cutting around the village which was not the responsibility of the parish, it was agreed to write to Signpost and ask them which areas of grass were their responsibility, and to advise them that the parish wished to place a grit bin at the junction of Mary Gardens & Nethermead near the Sub Station, would they have any objections or preference as to it's siteing

2. FINANCIAL MATTERS:

11.1 Accounts paid since last meeting: None

11.2 Accounts to be paid:

 Mrs Sandra Deary - Salary £289.17 Chq No 609

Mrs Sandra Deary – External Hard Drive

£49.97 Chq No 609

DAPTC – Annual Subscription

£280.13 Chq No 610

Playsafety Limited – RoSPA Inspections

£151.20 Chq No 611

Mr A. Frampton – Repairs carried out at Bowey

£38.82 Chq No 612

4 Counties Window Repair

£65.00 Chq No 613

Mr Mike Burt – Garage/Store sundries

£494.43 Chq No 614

It was proposed by Cllr Fox and seconded by Cllr R Corben that these be paid. This was agreed by Council.

1.  

   1. Receipts: None

11.4 Annual Accounts: The Clerk had previously circulated the year end account to the Parish Council. It was proposed by Cllr Paine and seconded by Cllr Wood that the Accounts be adopted, this was agreed. The Clerk had contacted Mr Weeks to arrange for an internal audit to take place. The external audit will be carried out by BDO and the date of 30 July has been confirmed.

11.4.1 Section 2 of the Annual Governance Statement of the Annual Return had been copied to Councillors. The questions were answered by Council. It was proposed by Cllr Paine and seconded by Cllr S Corben and agreed by all that the statement be signed by the Chairman and the Clerk.

11.5 Authorised Bank Signatories: Changes to signatories for banking were discussed. Cllr Burt proposed that the banking resolution be passed, this was seconded by Cllr S Corben and agreed by Council. It was agreed that Cllrs Burt, Fox, Wood, Paine, S Corben and Frampton would be signatories with 2 signatures being required for transactions. It was also agreed that Mr Ted Horton would now be removed from the signatory list.

1. ANY OTHER BUSINESS: Cllr Burt advised that he had carried out a risk assessment on a wooden seat near the reservoir and felt that it was in sound condition, he asked Cllr Wood to provide a second opinion next time he was passing the seat.

Cllr Wood advised that the Police were hoping to provide a Police van for the Fippenny fair, however this would not be possible.

At this point the meeting went into closed session to further discuss the land at the bottom of Okeford Hill & refusal of planning application 2/2010/0533/PLNG.

13. THE NEXT MEETING will be held on Tuesday 5 July 2011 at the Pavilion, Castle Lane at 7.30 pm. The Chairman thanked all present and closed the meeting at 10.00pm.