BAYDON PARISH COUNCIL
MINUTES OF MEETING HELD AT THE BYPA HALL ON
29thSeptember 2008 (Subject to approval at the meeting on 27th October 2008)
PRESENT: Cllr Tony Prior (Chair), Cllr Oliver Bond, Cllr Alison Tomkins, Cllr Tamsin Witt. Also present were Elizabeth Carmichael (Clerk), District Cllr Susan Findlay & 6 members of the public.
Before the meeting started Cllr Prior reminded the public that there were still 2 vacancies on the Parish Council. It was noted that the list of contact details for the Parish Council and the advert for the vacancies on the notice board needed to be updated.
1. APOLOGIES
Cllr Ian Timms and
2. DECLARATIONS OF INTEREST
Cllr Tamsin Witt declared a personal interest in agenda items 6.5, 6.6, 6.7, 6.8, 6.9 & 6.10 as she is an allotment holder. Cllr Tony Prior declared a personal interest in agenda items 6.4, 6.5, 6.6, 6.7, 6.8, 6.9 & 6.10 as she is an allotment holder.
3. MINUTES OF THE PREVIOUS PARISH COUNCIL MEETING
The minutes of the meeting on 1st September were approved subject to the following additions:
Item 6.4, insert “iv) notification that the Parish Council is ordering a new bin for outside the school paddock” to list of details for the letter to the school.
Item 6.6 “The Clerk advised the meeting that a report would be received for any scheduled visits made by the Parish Steward.”
Item 9 “The Parish Council requested that copies of the allotment correspondence be distributed.”
The minutes were subsequently signed by the Chairman as a correct record.
4. SUSPENSION OF THE MEETING FOR PUBLIC QUESTION TIME
The meeting was suspended to give members of the public the opportunity to speak to the Parish Council.
5. CLERK’S REPORT (FOR INFORMATION ONLY)
The Clerk advised the meeting that she had only had updates on matters on the agenda and that she would update the Parish Council when the associated agenda items were discussed. The Chairman queried whether the Parish Council could have a copy of the Matters from the Minutes. Clerk replied that these will be available once the new Admin procedure has been adopted.
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6. ITEMS FOR CONSIDERATION
The Chair proposed that the agenda be re-order so that certain matters concerning the allotments could be considered first.
Cllr Prior read out the following statement “Having now read the allotment correspondence I conclude we have reached a serious point with the allotment subject as a whole. I would like the following minuted. I have thought long and hard about my position in the Council as a councillor and chairman. I feel I cannot explain or defend some previous actions but am aware that I have to be careful when attempting to describe any situation. There a few bullet points I would like to make first. Hopefully it will help residents to understand it as well. No councillor currently in the team now was in post when the decision was taken. Only Liz was present at the key meetings. This is my third meeting as the appointed chairman. We are dealing with a situation not of our making. Councillors have been advised by more senior representatives that there is no need to do anything but endorse the allotment decision. The solicitor advice is that we must review the process used to arrive at the decision or else we could personally and collectively responsible be liable from the results of any litigation. The letter posted in the shop by Mrs Betteridge sets out potential examples of this. I have seen no statement that such consequences would be limited to those who took the original decision. Thus I am not prepared to take any risk that might involve me in a financial liability. If it takes more time, so be it. I am sure other Councillors are of the same opinion.
The Clerk advised Cllr Prior that the letter posted in the shop window was not from Mrs Betteridge but was from Mr Beveridge.
6.1 To consider what steps are needed to appropriate land on the Parish field based on the power that was used to purchase it
It was agreed that this agenda item be deferred
6.2 To discus and agree the remit of the Allotments Liaison Officer and to agree how to manage allotment queries between meetings
It was agreed that this agenda item be deferred
6.3
To consider the Parish Council’s response to the application from
Richard Cannon Services Ltd for preliminary consent prior to inclusion in the
pharmaceutical list in the vicinity of Ramsbury Surgery,
The Clerk advised the Parish Council that in considering the matter they should bear in mind that a pharmacy would provide more services than simply the dispensing of medicines. In addition to this, if the area is made a reserved location patients would retain the right to use the dispensary at the Ramsbury Surgery or the pharmacy (if it opened). If a pharmacy was opened and the area wasn’t a reserved location, the doctor’s surgery would no longer be able to dispense drugs. It was agreed that the status quo in Ramsbury should prevail. The Parish Council would also support the designation of the area as a reserved location.
Respond to consultation document Action: Clerk
6.4 To discuss the provision of a Christmas tree for the village green
The Clerk advised the meeting that previously the tree had been donated by Mr & Mrs Crown (former owners of Baydon House) and that last year it was donated by Baydon PO & Stores. Debbie had generously agreed to provide another tree for this year provided that the cost had not increased significantly from last year. It was noted that someone would need to take responsibility for checking the bulbs on the Christmas tree lights. Cllr Prior and Cllr Bond agreed to check the lights.
Check Christmas tree lights Action: TP/OB
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6.5 To discuss the allotments correspondence
Before this agenda item was discussed Cllr Prior read out the following statement “May I make a few observations which hopefully will help Councillors who haven’t had the luxury of as much time available as me. I would also like this minuted. 53 pages of correspondence were circulated on Thurs 25 Sept, leaving one clear day in PC terminology for study. They contain references to 22 Acts of Parliament. There are 3 objection letters covering 14 pages in the grand total. Why is 6.4 on the agenda? Because minutes of the meeting approving purchase are, so far, lost and might have included the statutory power used for the purchase. This is the starting point for the review process that runs through from the intended use of the land when purchased to its part change to allotments. (Minutes of 9 June meeting). The earliest correspondence received is 14 Feb 2008 so we don’t have any surrounding the decision process in the 6 weeks before the decision on 15 Oct 2007. A decision in 1998 was made to investigate the legal implications of a change of use from agricultural land to recreational. For some reason this did not trigger a similar process in 2007. Details of the statutory powers used to effect the change to allotments are not recorded in the minutes. These need searching in the same way as the purchase powers and used in a new resolution. Thus the process has had to be reviewed and that started on 27 Feb. when the NALC legal services were approached. They confirmed that given the relevant reference information the process can be completed, clearing the way forward. It is a fact that consultation did not take place at resident or village level. Because the land is classed as “open space” land there is a need to advertise the change of use in the press for two weeks and consider objections. (My personal view is that any comments, in favour or objecting, should be invited and considered by the Parish Council) The intention of the original purchase using village Parish Council funds of the field was for recreational use. Advice has been given that consideration could be given to arranging a public consultation to explain the results of the review. NALC confirmed that given the relevant reference information the process can be completed, clearing the way forward.”
It was noted that it is still not
clear whether or not the land is consider ‘Open Space Land’ as the NALC
solicitor had not directly responded to the clerk’s query of whether or not the
Parish field is now considered ‘Open Space Land’, irrespective of the
legislation used to purchase the land. If the land is not ‘
6.6 To consider asking members of the public, who were Parish Councillors at the time the Parish field was purchased, to sign affidavits regarding which powers were used to purchase the land, and to approve the associated costs of obtaining these legal statements
The Clerk advised the meeting that the legal statement could
be drawn up by the clerk or a solicitor. Withy King, who had acted for the
Parish Council in the purchase of the land, would be prepared to draw up the
affidavits at a cost of approximately £100. If Withy King did the legal
statement, another firm of solicitors would need to be appointed to witness the
signatures of the ex-Councillors. It was agreed that Withy King be engaged to
draw up the legal statement and that another
Speak to
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6.7 To consider what the Parish Council can do in the situation where it does not have a quorum for a particular matter
The Clerk advised the meeting that Janet Lee from Kennet District Council’s Legal & Democratic team had advised that dispensations could not easily be obtained and were only considered in situations where it is unclear whether there is a prejudicial interest. Parish Councillors who were also allotment holders would not get a dispensation as there is the possibility of predetermination and bias regarding matters concerning the allotments. Furthermore, Councillors are unlikely to be granted dispensations when there are still vacancies on the Parish Council. The only thing the Parish Council can do is to strive to fill the vacant seats on the Council.
6.8 To consider what action to take in response to the concerns raised regarding the volume of cars that have recently been driven to the allotments
It was agreed that cars should not be driven to the allotments and that Cllr Prior, as Allotments Liaison Officer, would speak to the members of the Allotment Association regarding this matter. It was agreed that notices requesting that vehicles not be taken to the allotments should be placed at the entrance to the field, on the notice board, on the website and in Scene in Baydon.
Speak to Allotment Association about cars Action: TP
Draft notices Action: TP
6.9 To discuss the compost bins and open water containers on the allotment area which are contrary to the recommendations of the Allotments Working Group which were adopted by the Parish Council and to consider what action to take
It was noted that the bullet points from the Allotments Working Group report, as documented in the meeting minutes (19th May) did not specifically mention compost bins. The Clerk advised the meeting that as the land owner the Parish Council would be responsible for pest control and that the KDC Pest Control Officer had advised against open water containers on the allotments. It was agreed that the pond should be removed for Health & Safety and rat prevention reasons and because it goes against the spirit of what allotments are meant to be used for.
Speak to allotment holder about removing the pond Action: TP
6.10 To consider approving the draft Administration Procedure
It was agreed that this be deferred to another meeting.
It was agreed that the meeting be extended until 10.15pm.
6.11 To discuss the recent incidents of a quad bike being driven around the allotment area on the Parish Field and to consider what action to take
It was agreed that quad bikes & motor cycles should not be driven around the Parish field and that this should be included in the notice being put together regarding vehicles being take to the allotments.
6.12 The Parish Council endorsed the attendance of Cllr Prior at meetings of the Marlborough & Pewsey Neighbourhood Policing Team
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6.13 To discuss & agree which two Councillors will attend the training day for new Councillors on Saturday 8 November at Bishops’ Canning Village Hall and to approve the associated cost (£35.25 per delegate based on 2+ Councillors attending the course).
The Clerk advised the meeting that the training course was already fully booked and the only reason that there were 2 places available to members of the Parish Council was because of the previous request to have 2 Councillors added to the waiting list. It was noted that the next course is likely to be held in 2009 and the Clerk has already requested that 3 places be reserved for Baydon Parish Councillors. It was agreed that Cllr Oliver Bond and Cllr Tamsin Witt should attend the training. The Council approved the associated cost of £70.50.
6.14 To receive a report from Cllr Prior on the timescales for the availability of the Parish Plan and to discuss the use of the Parish Plan in future decision making
This agenda item was not discussed.
6.15 To consider starting a Neighbourhood Watch Scheme and to agree the next steps
This agenda item was not discussed.
6.16 To consider having a Councillor as Baydon Parish Council’s representative on the Marlborough Community Area Strategic Partnership
This agenda item was not discussed.
6.17 To note receipt of the Rights of Way Improvement Plan for Wiltshire County Council 2008-2012 and to consider which routes within the Baydon area are of importance.
This agenda item was not discussed.
6.18
To consider the Parish Council’s response to the Local Development
Framework for
This agenda item was not discussed.
7. PLANNING
7.1 There were no objection to application K/59397/TR1 which proposes the reduction by 25% of 4 beech trees, protected by a tree preservation order, that are located on the eastern boundary of Shalom, Manor Lane.
7.2 The Parish Council considered application K/59470/F for the demolition and rebuild of a leaning boundary wall, change of use of amenity land to residential and the re-siting of the boundary fence at 3 Ash Terrace. The Parish Council agreed that, subject to it receiving a copy of the document from Highways that detailed their comments on this application, it had no objections.
7.3 No planning decisions have been received since the last meeting.
8. Finance
8.1 To agree what equipment to purchase using the litter grant
This agenda item was deferred.
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8.2 It was agreed that a donation of £280 be made towards the cost of this year’s bonfire and fireworks display. This sum would cover the cost of the event insurance and provide a contribution towards the cost of fireworks.
9. ITEMS TO NOTE / ITEMS FOR NEXT MEETING
It was noted that someone had cleared the brambles from the
corner of
Items for next meeting:
- 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
- To consider setting up a small group to review the clerk’s contract of employment and associated scales of pay
- To discuss what can be done about dog fouling in the village
- To approve the purchasing some new sets of Christmas tree lights
It was noted that the Clerk would endeavour to follow the spirit of the new Administration Procedure, even though it was still in draft form and had not yet been approved.
It was agreed to hold another meeting on 27th October.
The meeting closed at 10.20 pm
Signed : ________________________________ Date : _______________
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