BAYDON PARISH COUNCIL

MINUTES OF MEETING HELD AT THE BYPA HALL ON

27th October 2008 (Subject to approval at the meeting on 1st December 2008)

PRESENT: Cllr Tony Prior (Chair), Cllr Oliver Bond, Cllr Ian Timms, Cllr Alison Tomkins, Cllr Tamsin Witt, Elizabeth Carmichael (Clerk) and 5 members of the public.

Before the meeting started the chair reminded the public that there were still 2 vacancies on the Parish Council.

1.             APOLOGIES

None.

2.             DECLARATIONS OF INTEREST

Cllr Tamsin Witt, Cllr Ian Timms and Cllr Tony Prior all declared personal interests in agenda items 6.1, 6.2 & 6.8 as they are allotment holders.

3.             MINUTES OF THE PREVIOUS PARISH COUNCIL MEETING

The minutes of the meeting on 29th September were approved and signed as a true record.

4.             SUSPENSION OF THE MEETING FOR PUBLIC QUESTION TIME

The meeting was suspended so that members of the public could speak to the Parish Council.

5.             CLERK’S REPORT (FOR INFORMATION ONLY)

The Clerk updated the Parish Council on a couple of matters from the minutes. As a result of concerns raised by a resident, the request to get the broken street light, on Finches Lanes, fixed was escalated to Kennet District Council. It is expected that the light will be fixed by the end of the week at the latest. It was noted that the cost of a replacement litter bin for outside the school paddock would be £74.85. This includes a pair of jubilee clips for fixing it to the post. The same bin as was there originally will be ordered i.e. same model in green with a lid and metal liner.

The Clerk advised the meeting that at the last meeting it had been stated that only 1 clear days notice had been given for the review of the allotments correspondence. However, weekends are counted when calculating the amount of notice and consequently the required 3 clear days notice had been given.

The Clerk informed the Parish Council that by the end of the meeting she will have used all her hours for the current week, all of the time for the following week and about a third of the hours for the week after that. Consequently over the next 5 weeks she will only be working for 3-4 hours and there may be noticeable delays experienced in obtaining a reply to emails or telephone calls. It was noted that, with the hours that have already been worked and the extra work as a result of the new Administration procedure, the Clerk is unlikely to have much time to progress any actions before the next meeting.

The Parish Council noted receipt of the clerks report. Appendix A. (as attached to the end of these Minutes)

 

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6.             ITEMS FOR CONSIDERATION

6.1         Advice from the NALC solicitor and correspondence regarding the allotments and lane - The latest response from the NALC solicitor was noted. It was agreed that further discussions with the solicitor were required as the matter under investigation had not been resolved yet. If possible, the Parish Council would like a meeting or conference call with the solicitor. It was agreed that a letter, with the following information, be sent in response to the correspondence received regarding the lane and allotments: i) Access from the lane is an issue related to the Parish field and its use by the village, and is not something specific to the allotments. The Parish Council is considering the possibility of employing a solicitor with experience of investigating lane ownership to establish its ownership and the consequences in terms of the responsibility for its maintenance. ii) Discussions with the NALC solicitor about the allotments is still ongoing. No charge is being made for this solicitor’s time.

The Clerk advised the meeting that, as it was 14 years ago, Withy King no longer had all of the files associated with the purchase of the field. It was agreed that the Clerk should speak to Withy King to establish what documents had been retained and to enquire as to why the Parish Council was not given the opportunity to take the old case documents that were no longer required by the solicitors.

Send letter in response to the correspondence regarding the lane and allotments   Action: Clerk

Contact Withy King regarding documents from purchase of Parish field                  Action: Clerk

6.2         Ownership and maintenance of the lane by the Parish field - It was agreed that, irrespective of what purpose the land was put to, the Parish Council, as land owner, needed to know who owned the lane by the Parish field and who was responsible for its maintenance.

Contact Withy King to get ball park costs for establishing ownership & responsibility for maintenance of the Parish field.                                                                                                                 Action: Clerk

6.3         It was agreed that the Administration Procedure be approved subject to the deadline for sending out the draft minutes being changed to the 4th day after the meeting and, taking into consideration comments raised by the Clerk, the sections regarding correspondence be reviewed and amended. The Clerk asked that this needed to be agreed as soon as possible, otherwise the Parish Council would be expecting her to work to a procedure where the goal posts were continually moving.

Reconsider and comment on sections regarding correspondence                           Action: All

6.4         Marlborough Community Area Strategic Partnership Representative - The Clerk advised the meeting that Councillor Humphries had previously offered to keep the Council updated on matters discussed by MCASP. It was noted that the Parish Council would get a copy of the draft meeting minutes even if they didn’t have a representative on the committee. It was agreed that there would be no representative from Baydon at present.

6.5         Parish Plan update - Councillor Prior advised the meeting that the committee had rewritten the project plan following a review with Community First. The draft document would be out early to mid December, with the intention of getting comments from key parties by early to mid January. The public meeting is planned for mid to late March, when the final document will be presented and the action plan explained.   

6.6         It was agreed that a notice be put in Scene in Baydon regarding the setting up of a Neighbourhood Watch Scheme.

Draft notice for Scene in Baydon                                                                                   Action: OB

 

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6.7         It was agreed that a notice should be placed in Scene in Baydon, & on the website, regarding litter in the paddock & its out of hours use. It was noted that, as yet, there had been no feedback from the School Governors and that the Clerk had been advised that this wouldn’t happen until after the school auction.

6.8         It was agreed that a notice advising that no cars were allowed on the Parish field, unless authorised by the Parish Council, was required for the field, website and Scene in Baydon.  

Produce notice for Parish field                                                                                    Action: OB

6.9         It was agreed that a notice regarding dog fouling should be placed in Scene in Baydon and that the wording should be based on the notice proposed by Cllr Prior. The actual wording is to be finalised.

Produce notice regarding dog fouling & send to editor of Scene in Baydon              Action: TP

6.10     It was agreed that a working group comprising of Cllrs Prior, Tomkins & Timms be set up to review the clerk’s contract of employment and associated scales of pay.

6.11     It was agreed that the clerk attend the SLCC Regional Conference on 5th December.

The vehicle parked on Downsmead was discussed. It was noted that it was legally parked on the road and was being removed at the weekend. [NB. The Parish Council has no powers to request the removal of any vehicles parked on the road]

6.12     It was agreed that the next Parish Council meeting would be held on 1st December.  

6.13     It was noted that the Parish Council’s comments regarding the original application would be considered at the appeal hearing. It was decided not to send a representative to the informal hearing on 5th November for the Baydon Meadow wind turbine planning appeal.

6.14     It was agreed that, as there had been no complaints from Baydon residents, the Parish Council would not make any representation into the review process for the licences for Liddington Warren Farm.

6.15     It was noted that the survey was a questionnaire about facilities e.g. shops, clubs in the village. It was agreed that Cllr Timms should respond to the Rural Communities Survey on behalf of the Parish Council

Respond to Rural Communities Survey                                                                     Action: IT

6.16     It was agreed that the following routes are important:

1) From Aldbourne Road to Baydon House via two routes to (a) footpath  through paddocks to Manor Lane (b) bridleway around south of paddocks to track off Manor Lane in (4).

2) Bridleway from Baydon House Farm, south east to Midge Copse onto track in (4)

3) Bridleway from junction of entrance to Baydon House Farm and Aldbourne Road, south to Green Hill Trees and onto Aldbourne.

4) Permissive track/bridleway from Manor Lane, passing sewer works, to Pig’s Hill and onto Preston.

5) Bridleway at Pig’s Hill, east then north, to Brick Kiln Copse, besides M4 onto Ermin Street.

6) Bridleway at Pig’s Hill, west to Green Hill and onto Baydon Hill Farm off Aldbourne Road.

7) Footpath from Ermin Street south to Aldbourne (to west of Baydon behind Downsmead)

8) Byway east of Baydon Hole Farm to Lambourn

9) Byway north from Bailey Hill Farm to Lambourn.

 

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Advise WCC of which routes are of importance                                                        Action: Clerk

6.17     The Parish Council decided not to respond to the Vale of the White Horse Review of the Statement of Community Involvement.  

6.18     The Parish Council decided not to respond to the Joint Minerals and Waste Core Strategy, draft submission publication, from the Berkshire Unitary Authorities

6.19     It was agreed that the following responses to the consultation on ‘The making and enforcement of byelaws’ should be sent :

·         The draft list of byelaws not requiring Sec. Of State confirmation is correct, however is there a more comprehensive list e.g. dog fouling, vehicle/person access on land owned by a Parish Council

·         Yes, some byelaws should remain with the Sec. of State

·         Yes, the draft seven step approach is correct

·         Yes, the 21 day consultation period is adequate

·         Yes, the Parish Council should publicise the new byelaw when sealed

·         Yes the Parish Council agrees with the proposals for resolving challenges

·         Option a - yes, fixed penalties for local Parish Council byelaws.

·         Yes the default fixed penalty should be £75 to keep in line with legislation defaults but should they be raised to two times.

7.             CORRESPONDENCE FOR INFORMATION

All items of correspondence in the following list were noted: 

·         Document ‘Everything to Play For’, Wiltshire County Council 2007 – 2012

·         Leaflet, Town & Parish Standard

·         Leaflet on services at Savernake Hospital

·         Kennet District Council Press Release: Family Fun for Under a Fiver

·         Email from Cllr Humphries – Local Tree Wardens Wanted

·         Wiltshire County Council News Release: Positively Promoting Parents

·         Minutes of the MAB (Pilot) Working Group meeting held on 23 September

·         Kennet District Council Press Release: Beat the Credit Crunch Blues with Low Cost Leisure Weekends

·         Wiltshire County Council News Release: New Wiltshire Assembly - Inspired to take Action

·         Wiltshire County Council News Release: World Mental Health Day

·         Wiltshire County Council News Release: Local suggestions captured in new council strap line

·         Wiltshire County Council News Release: Wiltshire Youth Jazz Orchestra concert

·         Wiltshire County Council News Release: Admissions deadlines approaching

·         Parish Newsletter - October 2008

·         Wiltshire County Council News Release: One council for Wiltshire "The benefits are clear" says government minister

·         Wiltshire County Council News Release: Another successful Open Day at the History Centre

·         Kennet District Council Press Release: La Marchant Wildflower Meadow Seeding

·         Wiltshire County Council News Release: International Older People's Day 1 October 2008

·         Kennet District Council Press Release: South West leads on Tourism Skills

·         MCASP draft minutes

 

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8.             PLANNING

8.1         The Parish Council considered planning application K/59611/F for a single detached dwelling and extension to Red Lion pub to provide restaurant facilities. It was agreed that the response from the Parish Council will reflect the comments and concerns of the residents and will include the following observations:

- concerns have been raised regarding the location of the smoking shelter

- two 3 bedroom houses would better serve the needs of the community

- the project should be completed in its entirety

8.2         It was noted that full planning permission had been granted for a wooden summer house in the garden of Peartree Cottage (K/59346/F)

9.             Finance

9.1         The Parish Council agreed to the proposal to use £173.31from the litter grant to purchase 4 litter pickers, 10 high visibility jackets and a packet of 10 riggers gloves.  

Purchase litter picking equipment                                                                               Action: IT

9.2         The Parish Council approved payment of the clerk’s expenses of £20 for travel to/from Devizes to collect the litter picking equipment and £25.50 for travel to/from Chippenham Records Office (ref. expense claim LC01)

9.3         The Parish Council endorsed the closure of the Portman savings account (which has been transferred to a Nationwide Instant Access account) and approved the transfer of the funds to a Nationwide Treasurer’s Trust account. It was agreed that Cllrs Bond, Tomkins and Prior should be the signatories for the new savings account

9.4         It was agreed that Cllr Bond should be the third signatory for the Royal Bank of Scotland current account

9.5         Cllr Prior advised the meeting of the issues with the existing Christmas tree lights. It was noted that it would be necessary to replace all of the strings of lights. The Parish Council agreed that up to £140 should be spent on new outdoor lights for the village green Christmas tree.

Purchase new outdoor lights for Christmas tree                                                        Action: TP

The Parish Council agreed to extend the meeting until 10.15pm.

9.6         It was agreed that a quarterly budget report, with 3 columns (budgeted amount, actual to date and forecast for the year) should be produced.

9.7         The draft budget for 2009-2010 was reviewed. It was agreed that the CPRE subscription be removed and that a specific budget category be added for the fireworks & bonfire night.

10.         ITEMS TO NOTE / ITEMS FOR NEXT MEETING

None.

The meeting closed at 10.20 pm

 

Signed :  ________________________________                      Date : _______________

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CLERK’S REPORT FOR MEETING ON 27th OCTOBER 2008

 

 

1.        Completed MATTERS FROM MINUTES

 

Training Day for New Councillors (10 Mar ’08) – Cllr Oliver Bond was unable to attend due to a prior commitment. Cllr Tamsin Witt & Cllr Alison Tomkins will attend the training day on 8 November. Joining instructions passed on to Cllr Witt & Cllr Tomkins.

 

School Travel Plan (10 Mar ’08) – The Parish Council would be interested in having a copy of the travel plan. It was agreed at the meeting on 18 August that this document, even in its draft form, would be useful input to the Traffic Calming Working Group. Document received 1st October. 

 

Pharmacy at Ramsbury (29 Sept ’08) – Response sent to the application from Richard Cannon Services Ltd for preliminary consent prior to inclusion in the pharmaceutical list in the vicinity of Ramsbury Surgery, Whittonditch Road, Ramsbury.

 

Bonfire & Fireworks Display (29 Sept ’08) – Cheques written for £230 (insurance) and £50 (fireworks).

 

Planning (29 Sept ’08) – Responses sent to applications K/59397/TR1 &  K/59470/F. Highways report forwarded to Councillors.        

 

2.        ONGOING MATTERS

 

Allotment Tenancy Agreement (18 Feb ’08) – Document has to be redrafted based on model tenancy agreement provided by NALC.

 

Allotment Rules (18 Feb ’08) – Rules will need to be reviewed after tenancy agreement has been revised to remove any duplication. Rules for fruit frames, raised beds, ground covering material (e.g. plastic sheeting) and power tools need to be confirmed. Deferred agenda item from 9th June.

 

Ownership and Maintenance of Willow Lane (18 Feb ’08) - Deferred to Allotment Working Group (10 Mar ’08). Agreed letters be sent to resident requesting sight of deeds (19 May ’08). To date there have only been 2 responses to the request for copies of the title deeds of properties along the lane. But neither has actually sent the deeds to the clerk. The Parish Council will have to obtain copies from Land Registry. The NALC solicitor has advised that the Parish Council should consider employing a solicitor to investigate the ownership and responsibility for maintenance of the lane. 

 

Traffic Calming Working Group (10 Mar ’08) – At meeting on 18 August the Parish Council agreed a new deadline of 24 November. It was also agreed that Cllr Tamsin Witt should be the Parish Council’s representative on the group.

 

Removal of Mound on Parish Field (10 Mar ’08) – 3 quotes are required.

 

S106 Money (10 Mar ’08) – KDC will require a proposal for a suitable project before they release funds. At meeting on 7th July, Steve Webb from Baydon Resource Group said that he would be happy to meet with a representative from the Parish Council to discuss the proposal for a play area in the village. No meeting has taken place yet. Recommend that this is progress by Cllr Alison Tomkins and Heather White.

 

Barrier Tape & Pins (10 Mar ’08) – To be purchased.

 

Parish Path Survey (10 Mar ’08) - Heather White stated that she would carry out the survey in August.

 

Letter to Mr & Mrs Lloyd (7 Apr ’08) – Awaiting reply.

 

BYPA Hall Fees (7 Apr ’08) – The Parish Council owe money for hall hire, however no invoice has been raised by the BYPA. Money has been ring fenced in the account to allow for this cost. 

 

Aldbourne Road Development (19 May ’08) – Amended planning application granted full planning permission. Awaiting further information from Gleeson regarding plans for the land/development.

 

Letters of Complaint from Allotment Holders (19 May ’08) – Holding letters sent. Follow up letter still to be drafted.

 

Definition of Liaison Officer Role (29 May ’08) – Deferred at meetings on 7th July, 21st July & 29th September. This matter has been merged with the agenda item to consider how to manage allotment queries between meetings. Going forward both matters will be discussed together.

 

Handling of Allotment Queries between Meetings (7 Jul ’08) – Deferred agenda items from meetings on 7th July, 21st July & 29th September. Going forward it will be combined with the definition of the liaison officer role and both matters will be discussed together.

 

Water Supply for Parish Field (19 May ’08) – Review of risk assessment deferred at meetings on 9th June, 7th July & 21st July. Risk assessment reviewed 18 August and approved 1st September. Letter to be sent to residents regarding closure of the lane prior to any work commencing.

 

Rabbit Proof Fencing for Parish Field (19 May ’08) – Review of risk assessment deferred at meetings on 9th June, 7th July & 21st July.   

 

Relationship/Partnership Agreement between Baydon Parish Council and the Allotment Association (9 Jun ’08) - Responsibilities of Allotment Association to be documented and agreed by Parish Council.

 

New Hedging for Parish Field (9 Jun ’08) – Quote for mixed hedging to be obtained.

 

Replacement Litter Bin for outside School Paddock (9 Jun ’08) – Pricing to be confirmed and order to be placed.

 

Broken Light on Finches Lane (10 Jun ’08) – Reported to Highways

 

Blocked Gully Drains (9 Jun ’08) – Reported to Highways

 

Review of Parish Council Risk Assessment (7 Jul ’08) – Deferred at meeting on 21st July.

 

Administration Policy (7 Jul ’08) – Draft submitted for review/approval on 21st July (agenda item deferred at this meeting), 18th August, 1st September and 29th September (agenda item deferred at this meeting). Still to be approved by Parish Council.

 

Revised Standing Orders (7 Jul ’08) – Revised standing orders still under development

 

Letters from School regarding paddock (1 Sept ‘08) – Meeting held with School Governors on 29th September.

 

Trees Chopped Down by Sodexho (1 Sept ’08) – Letter sent to Sodexho advising that Parish Council expects them to replace trees.

 

Check Christmas tree lights (29 Sept ’08) – Cllr Prior and Cllr Bond to check lights for broken bulbs.

 

Affidavits (29 Sept ’08) – Cllr Prior met with Enid Johnson on 4th Oct. The records office may be able to provide details of individuals who were Councillors when parish field was purchased. Noted that Mrs Johnson could not recall any powers being identified during decision/purchasing process.

 

Vehicles on Parish Field (29 Sept ’08) – Draft notices have been produced.

 

Pond on Parish Field (29 Sept ’08) – Allotment holder has been asked to remove pond.

 

 

3.        AGENDA ITEMS FOR FUTURE MEETINGS

 

Removal of Hawser Wire (7 Apr ’08) – Raised by a member of the public. This will need to be added to a future agenda so that the Parish Council can decide whether or not to remove it.

 

Willow Lane/Ermin Street Hedge Cutting (19 May ’08) – To avoid disturbing nesting birds, hedges can generally only be cut back between 1st September and the end of February. Consequently only the overhanging branches were removed by Mr & Mrs Richardson from the Baydon Allotment Association. Discussion on how to manage the hedges to be added to a future agenda.

 

Neighbourhood Watch Scheme (29 Sept ’08) – Not discussed.

 

Representative on the Marlborough Community Area Strategic Partnership (29 Sept ’08) – Not discussed.

 

Allotment Matters (29 Sept ’08) - To consider joining NSALG, to agree an advert to go into the paper regarding the re-appropriation of the Parish field, to consider if the allotments fit the statutory definition.

 

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