Baydon Parish Council

Action

MINUTES OF PARISH COUNCIL MEETING HELD ON 12TH JANUARY 2004

A letter from Mrs Veronica Norman was read out, requesting that the Council correct an omission in the minutes for 12th January. Mr Whitehead-Patey stated that he felt Mrs Normans referral to the Councils letter to Kennet District Council as being ‘in support of increased housing density’ was inaccurate. However it was agreed that the Chairman had read out a letter from the Council to Kennet District Council and that this was not noted in the minutes. To be amended accordingly.

Mr Whitehead-Patey requested further amendments to the wording of the ‘Declaration of Interest’ section; these were read out to the meeting. Mr Whitehead-Patey declared an interest as this matter related directly to him and withdrew from the discussion. Amendments agreed are as follows (addition/replacement in italics and deletion struck through.)

‘The Chairman advised that correspondence has been received from Mike Bennett/Heather White and Mr & Mrs Tim Norman regarding the planning application for development on land to the west of Aldbourne Road, with particular reference to the site meeting held on November 20th with Elcombe Estates and the District Councillors for Baydon, to discuss affordable housing and also to Mr Whitehead-Patey’s involvement and previous declaration of interest which he has now withdrawn. In addition, the correspondence questioned the outcome of Council meeting of 1st December.

The Chairman summarised the details for the benefit of all present, then opened the meeting for public comment and discussion.

The formal planning application was considered at a previous meeting (October 20th 2003) and returned to Kennet District Council supporting the application but expressing concern that the numbers of dwellings should be kept to a minimum and that the Parish Council does not agree with the current ‘low cost housing’ policy and raising other matters. As a result of the discussions taking place deadlock between the developer and Kennet District Council on Affordable Housing the Parish Council Chairman and Mr Whitehead-Patey had met with the developer and Councillors Twigger and Findlay on November 20th to try to discuss the matter find a compromise As a result of this meeting the developer had written to the Parish Council presenting four proposals. These had been discussed at the last meeting and the Council voted to write to Kennet District Council to say that it would only support the two proposals which gave the lowest number of houses if they were to be submitted as a amendment to the application. The Chairman then wrote to Kennet District Council advising of the Parish Council’s view. Up to, and including, the last meeting Parish Council meeting, 20th October, Mr Whitehead-Patey had declared an interest. The Chairman asked Mr Whitehead-Patey to attend the site meeting because of his knowledge of the affordable housing policy, Mr Whitehead-Patey advised that he would take legal advice prior to agreeing owing to his previously declared interest. As a result of this legal advice Mr Whitehead-Patey now felt that he did not have an interest to declare and attended the meeting. The Chairman concluded by stating that all Councillors complete a ‘Declaration of Interest’ (I THINK THIS SHOULD BE REGISTER OF INTEREST??) upon taking office, this is then lodged with Kennet District Council who are the monitoring authority.

Mrs Norman asked whom Mr Whitehead-Patey had spoken to at Kennet District Council as she had spoken to the Legal dept and no one had any knowledge of such a conversation. Mr Whitehead-Patey replied that he had spoken to someone in the committees department but did not recall have the name of the person. As a result of this discussion he had then consulted his own solicitor. Mrs Norman went on to ask that Mr Whitehead-Patey should declare exactly what his interest had been. Mr Whitehead-Patey declined stating that he had provided was happy to provide evidence to Kennet District Council and that they were happy that could decide whether or not there was no an interest to declare. Mr Whitehead-Patey added that his paperwork was private and involved other parties and he would not therefore present it to the public. He stated again that he was happy to present it to the monitoring authority. The Chairman advised that a procedure existed to deal with complaints and that if members of the public were unhappy they should write to the Standards Board with their grievance.

Mr Bennett commented that the Council seemed to of backed down from its original objection to high numbers and seemed happy to accept that the numbers of dwellings has been increased. The Chairman replied that Kennet District Council were trying to implement their ‘low cost housing’ policy, which could provide for up to 50% Affordable homes on the site, and that the only way forward seemed to be to reach a compromise otherwise the matters would end up being batted back and forth indefinitely causing a blight on the area. Members of the public questioned why the situation had to be resolved and why the Parish Council could not stand by their original view of fewer houses. The Chairman stated that the Council felt that the situation had been allowed to drag on for too long and that if unresolved the village may end up with an even greater number of houses on this site. Mr Bennett questioned Kennet District Council ‘low cost housing’ policy and asked for confirmation of this, who had they written to advising of this. Councillor Twigger confirmed that Kennet District Council’s policy is that 50% of any development should be affordable houses. The Chairman and Mr Whitehead-Patey stressed that the Parish Council are fighting on behalf of the village for the least number of houses possible and that if members of the public doubted the policy they should contact Will Bryant and Mike Wilmott of Kennet District Council.

Mrs Norman asked why this matter had appeared as item 7 under Village Matters at the last meeting, was it of that little significance? The Chairman replied that this had not been a formal planning application and that the developer had produced sketches only. Ms White and Mrs Norman both remarked that they felt that the last sentence of this entry had been misleading. The Chair and Mr Whitehead-Patey agreed that it could be misunderstood but reminded the public that the minutes are there primarily to record actions and do not record all that is said in a meeting.

Ms White commented that she felt that the Parish Council were going against everything it had previously agreed. The Chairman replied that since then it had become clear that Kennet District Council would insist on affordable housing being included in the site so the Council would have to compromise.

It was also noted that because of the limited space available in the paper for the correspondent to cover the meeting the matter could have been misinterpreted had not been accurately recorded in the paper by the village correspondent.

The Chairman then drew the discussion to a close, stressing that no amended planning application has been   submitted and that as and when one is it will be considered by the Council.

The Clerk asked for a second time if any Councillor present had any Declaration of Interest to make in   any matter on the agenda. No declarations were made.’

The minutes of the previous meeting were agreed and signed as a correct record.

DECLARTION OF INTEREST

There were no Declarations of Interest in any item on the agenda for this meeting.

The Clerk read a statement to the meeting, copy follows:

“As a result of recent concerns at Philip Whitehead-Patey’s change in Declaration of Interest in the   planning application for the land to the west of Aldbourne Road, I can confirm that District Councillor   Twigger and myself met with Mr Whitehead-Patey on Friday 6th February. The purpose of this meeting was to   seek clarification as to the reason for the change.

Mr Whitehead-Patey confirmed the following to us. As a result of the Chairman of the Parish Council   asking him to participate in a meeting with District Councillors Findlay and Twigger and Elcombe Estates   to discuss the element of affordable housing within the application, he had sought legal advice from his   own Solicitor and was advised that two of the clauses of the original contract of the purchase of the   piece of land to the rear of his property would have to be dropped, these clauses being the ‘gagging order’   and the ‘buy-back’ clauses. He then contacted Russell Cleverly of Elcombe Estates to ask if this could be   done. A Release document was issued on 19th November amending his original contract. Councillor Twigger   and myself viewed this document at the meeting on 6th February and were satisfied that the relevant clauses   had indeed been dropped.

The new Model Code of Conduct came into force in May 2002 and as with all policies and procedures is being updated and amended on an ongoing basis to make it more workable. The Councillors, and indeed myself as Clerk, are always on a steep learning curve when new policies are introduced, having to plough through large volumes of paperwork to understand the workings and endeavour to get it right. In my position as Clerk I do not have the power to decide who does or does not have an Interest. It is entirely up to the integrity of the individual Councillor to make declarations and to ensure that they are kept up to date. Mr Whitehead-Patey has complied with my request for information and I do not feel that he had intent to mislead the Council, or intent to manipulate the situation for personal gain, however I will continue to seek advice on this matter until such time as it is resolved.

The Monitoring Officer at Kennet District Council holds the Register of Interests for this Council, as we   do not have a dedicated Council Office. I have requested a copy of this register, which will be made   available at all future Council meetings. I am satisfied that all Councillors have acted properly in so far   as they have declared that they have an interest and withdrawn from discussion when the need has arisen.   However, in order to comply more fully with the Model Code, Councillors will in future be asked to state   whether the interest is personal or prejudicial and then declare the nature of that interest.

With the information provided I do not feel at this time that I have justifiable cause to report this   matter to the Standards Board, However if any member of the public is still not satisfied that the Parish   Council has investigated this matter to the best of its ability then they of course have the right to report   the matter to the Standards Board themselves. In the event of this I acknowledge that the operations of the   Council will be investigated and interviews will be conducted with all parties. I am confident that this   Council operates in a fair and open manner, complying with regulations and legist ration.”

Mr Mike Bennet, present in the public, asked if he could comment on this matter. The Clerk declined this request stating that this section of the meeting was not open to the public, Mr Bennet would be most welcome to comment during the Public Participation section later in the meeting.

MATTERS ARISING

1. MILLENIUM TREES, AMENDMENT OF PLANTING PLAN.
   The trees have been planted, status to be checked by Mr Whitehead-Patey now that they are beginning to bud. Plan to be amended and returned to Clerk. Mr Whitehead-Patey advised that he has located a web site that is advertising oak and walnut trees should any trees need replacing
   PWP
2. BAYDON SIGN.
   Mr Barnes confirmed that he has now sourced all the materials and that the job should be complete within the next 6 weeks.
   KB
3. BAYDON WELCOME BOOKLET.
   This is still pending, awaiting printing costs
   PWP/SB
4. KENNET DISTRICT COUNCIL, ADVICE ON LANDSCAPING THE VILLAGE GREEN.
   The Clerk confirmed that she had attended a site meeting with Will Harley of Kennet District Council and has circulated his recommendations to all Councillors for consideration. These were outlined for the benefit of the public present. A member of the public voiced the feeling that members of the village may rather see the green left as it is. It was agreed that nothing should be done before the next planting season in the autumn, with the exception of the removal of the leyllandi hedge and replacing it with hornbeam/beech, which will be done by Bloor Homes as part of the development. The proposals should be displayed for public comment.
   Clerk
5. VILLAGE SIGNS INCORPORATING THE BAYDON WEB SITE ADDRESS.
   A reply has been received from Wiltshire Highways Partnership. Signs advertising web sites are not covered by the Traffic Signs Regulations and General Directions 2002 and so would be illegal. No further action on this matter.
6. POOP SCOOP BINS.
   A reply has been received from Kennet District Council and was read to the meeting. Kennet District Council is unable to provide Poop Scoop bins due to the ‘complexities concerning the collection and disposal of such waste’. However ‘dog owners may bag up any deposits left by their dogs and place the bag in any litter bin for normal council collection’. No further action on this matter.
7. AVAILABILITY OF COUNCIL CORRESPONDENCE TO THE GENERAL PUBLIC.
   The Clerk confirmed the following. General correspondence to the Council is not in the public domain and as such should not be made available, unless the letter has been read out in full at a Council meeting when it is in the public domain and the public may request sight of or copies of.
8. PARKING PROBLEMS ON ERMIN STREET.
   Mr Barnes confirmed that this problem has now been resolved.
9. UN-TETHERED DOG IN MANOR LANE.
   Mrs Grove noted that the black Labrador previously reported as roaming loose in this area might belong to Mrs Maggie Grant. However the dog has not been seen recently so no action necessary at this time.
10. PERMANENT POWER SUPPLY ON VILLAGE GREEN.
    Mr Whitehead-Patey confirmed that he has advised Bloor Homes to put on hold the discussions regarding the extension of the footpath to the west of the village. They will now be concentrating their attentions to the possibility of a permanent power supply to the Green. Bloor Homes to contact either Mr Whitehead-Patey or the Clerk
    PWP/Clerk
11. PUBLICATION OF PARISH COUNCIL MINUTES.
    The Clerk confirmed that Council minutes have to be retained indefinitely and are in the public domain, they can therefore be displayed on noticeboard and web site. They are not a legal document until they have been approved and signed at the next council meeting.

CORRESPONDENCE

1. The Chairman confirmed that several items of correspondence have been received from Messrs Bennett, White, Tomkins and Norman regarding the Declaration of Interest issue involving Mr Whitehead-Patey. He declined to read these out in full stating that the statement made by the Clerk at the beginning of the meeting covered all points in reply.

   Two further items of correspondence received subsequent to the agenda being circulated were brought to the Council’s attention.

2. IWILTSHIRE HIGHWAYS PARTNERSHIP, PARISH LENGTHSMEN SCHEME.
   This scheme has been temporarily suspended in order to divert resources to repairing road damage caused by bad weather.
3. ROGER FORSTER, DEVELOPMENT OF LAND/POSSIBLE PLANNING CONTRAVENTION LAND ON THE NORTH EAST SIDE OF BAYDON PARISH
   A detailed letter has been received regarding possible planning contraventions. The Council has already written to Kennet District Council regarding this matter and been advised by them that they can only take action as and when they get a response to the enforcement order placed on Mr Smallwood’s caravan. The Council agreed that there now seems to be sufficient evidence of works going on to refer back to Kennet District Council and ask for action to be taken by the Enforcement Officer. Clerk to write to Kennet District Council.
   Clerk

PLANNING

• PEAR TREE COTTAGE, ALDBOURNE ROAD (K/046878).
  Circulated to all Councillors and returned to Kennet District Council without objection.
• PEAR TREE COTTAGE, ALDBOURNE ROAD (K/046936/L).
  Returned to Kennet District Council without objection.
• GORE LANE FARM, PEAKS DOWN (K/046974).
  New application considered by all present. To be returned to Kennet District Council without objection.
  Clerk
• LAND TO THE WEST OF ALDBOURNE ROAD.
  Nothing to discuss regarding this application at this time.
• RUSSLEY SITE.
  Nothing further to discuss regarding this application at this time.

PUBLIC PARTICIPATION

1. Mrs Furber commented that in the past oak trees have not done well in the village, however a semi-mature specimen might fare better. It was noted again that proposed plans for the Village Green would be put on display in the village for comments.
2. Mr Mike Bennet stated that he had listened to the statement read by the Clerk at the beginning of the meeting and does not come to the same conclusion. ‘They’ will be taking the matter to the Standards Board. The Chairman replied that with the information made available he does not feel that there has been intent to mislead; he would rather expend the Council’s energies on the positive things to be done rather than dwell on the negative. Mr Tim Norman asked why the Chairman had not read out in full the letter sent to the Council by Messer’s Norman, White, Bennett and Tomkins. The Chairman replied that he felt that all the points raised had been dealt with within the statement made by the Clerk. He went on to say that Councillors are all lay people and that it is possible for mistakes to be made but that he was confident that there had not been any intention to mislead and that no one had demonstrated to him that there was a case to answer. However if members of the public felt it necessary to take the matter to the Standards Board then they must do so.
3. Mr Roger Forster reported a problem with weeds. Mr Grove passed the telephone number for DEFRA, 0117 959 8622, onto the Clerk. Mr Grove to clarify the detail of this problem to the Clerk.
4. It was reported that as well as the black Labrador there are two other dogs that are being allowed to roam loose in the village, a greyhound and a ridgeback. Both these two dogs belong to Downs House. It was agreed that a polite note should be sent requesting that the dogs be kept under control, as there has been minor cause for concern with regard to road safety and instances of rubbish sacks being ripped open. It was agreed that it is possible that they may also be contributing to the problem of dog fouling
   Clerk

FINANCE

Cheques Paid:	£10.00	BYPA, hall hire
	£484.72	Louise Hawley, Clerks salary 1/02/2004 to 31/03/2004
	£50.00	Louise Hawley, Petty Cash
	£72.00	SLCC, annual membership renewal
	£29.93	Brian Billington, renewal of Baydon.org web site registration
Monies received:	None

VILLAGE LAND

Mr Dominy advised the meeting that he had been approached by a younger member of the village, Ben West, who had drawn up a proposal for a bike track to be built on the Parish field. He asked that the Council consider these plans and publish them for public comment, Mr Dominy to arrange. It was agreed that a site visit should be held with all interested parties involved. Any construction would require District Council approval. The Chairman to arrange a suitable date.

JS/TD

VILLAGE MATTERS

1. Mr Smith advised the Council that he has resigned from his position as School Governor. The Council need to nominate a replacement, hopefully at the next meeting. The replacement does not have to be a Parish Councillor, Mr Mike Bennett, present in the public put his name forward for consideration. The Chairman thanked him for his interest
   Agenda
2. Mrs Bailey asked if the Council could arrange another litter day. Date set as SATURDAY 20TH MARCH AT 10.00ammeet on the Village Green. Councillor Twigger offered to supply the black sacks; Mr Tim Norman offered to collect the sacks in his pick-up. If there is not too much it can be placed into the green bins at the pub (thanks to Jan & Allan Cole). Clerk to advertise.
   Clerk/BT
3. Mrs Grove noted that there seems to have been an increase in the number of cars speeding into the village along the Aldbourne Road. C/Councillor Humphries stated that if there is a problem with speeding then the police should be notified and asked to carry out speed checks. Clerk to make contact.
   Clerk
4. Mr Dominy noted that there appears to be some construction work going on on the area of hard standing on the right just past Downs House on the Russley Road. Clerk to report to Kennet District Council.
   Clerk
5. Mr Whitehead-Patey noted that the fence between Beckets on the Aldbourne Road and the land to the left has been removed (either partially or completely) and there is some construction work going on. Clerk to check on nature and exact location of construction and seek advice from Kennet District Council if necessary. Land to left of Beckets was granted ‘special status’ some years ago, Clerk to check details
   Clerk
6. The Clerk reported that Brian Billington has erected a replacement fence on the boundary of his property with the footpath leading to the church and has asked if the Council have received any comments. There was no comment other than Mrs Grove who noted that the fence was an improvement on the original.

The meeting concluded at 9.35 p.m.

NEXT MEETING – 5th APRIL 2004 at 8.00 p.m. at the Youth Club.