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MINUTES OF THE  FEBRUARY 2010 MEETING OF INSTOW PARISH COUNCIL


HELD AT INSTOW PARISH HALL ON
THURSDAY 18th FEBRUARY 2010 AT 7.30 PM

(please note IPC minutes are not released to the public until approved at the following meeting)


Present: - Councillors, P Cook, N Crombie, Mrs T Dipper, C Harper, A Johns, B Thomas, S White (Chairman) and Mr R Jacob (Parish Clerk).

In Attendance: - Cllr R Cann (DCC), Cllr B Moores (NDC) and 5 parishioners

2102/1 PRAYER
The Reverend Geoff Calway led the Council in prayer.

2102/2 APOLOGIES
Cllrs M Green and G May.

2102/3 COUNCILLOR DECLARATION OF INTERESTS
There were no declarations of interest by Cllrs. (Noted)

2102/4 POLICE REPORT
a) Crime: -
PC Hodgson told IPC that since the last meeting there had been 5 crimes reported in the parish, namely, assault – enquiries continuing (x1), common assault – female arrested and cautioned (x1) and undetected thefts – cash, boat and diesel (x3). PC Hodgson added that the theft of money and fuel had taken place on the outskirts of the parish boundary. (Noted)
b) Other Matters: -
Constable Hodgson said 8 police logs had been recorded during a similar period of time, namely, crime related (x2), road related (x3), information to police (x2) and animal related – dog running free (x1). (Noted)
c) General: -
PC Hodgson spoke of and distributed booklets entitled “Safer North Devon” and of a recent arrest for offences of criminal damage in Barnstaple involving swastika daubing on public property. (Noted)

2102/5 PARISHIONERS
a) Footpath 7 – Anstey Way to Tarka Trail/Atturm: -
A parishioner reported that the gateway to this footpath (Anstey Way end) was faulty and needed attention; IPC RESOLVED to notify the appropriate DCC Footpaths Warden. (Action: The Clerk)
b) Future Environmental Planning – Array Project: -
A parishioner gave his opinion as regards this initiative and spoke of the use of Fremington Camp to house itinerant workers for the project. He said he believed the total impact on the environment (destruction of avian and marine life) was likely to far outweigh the input of expensive electricity into the grid. He said he questioned what impact these plans would have on the Instow electricity sub station, Fullabrook, Offshore and connection to the grid inland suggesting High Bickington to be a possible location. It was noted by IPC that the parishioner was dealing directly with Nick Harvey MP on this matter. (Noted)
c) Bird Life: -
A parishioner said it was wonderful to see the variety of birds coming to our fields and gardens this winter suggesting that we must make the most of what was left before we are swallowed up by the proposed developments. (Noted)
d) All Saints Children’s Play Area: -
The Reverend Geoff Calway said it would not be possible, for legal reasons, for the PCC to grant IPC a lease for this intended project but that the PCC would do all it could to install and run themselves a scaled down play area for the younger children of the parish. He thanked IPC and the parish for its enthusiasm and support and said he hoped that this would not preclude IPC from supporting the scaled down play area in some form or other – see item 2102/9 (d). (Noted)
e) Parish Annual Carol Singing Event: -
The Reverend Geoff Calway said he had recently chaired a meeting to discuss events in the parish throughout the year and that a view had been put forward to the effect that this event was too early in December. After a discussion IPC RESOLVED to move it to the second Sunday in December, that is 9th December 2010. (Action: The Clerk)
f) Planning Application – 5 Chichester Close, Instow (Reference No 48716): -
Two parishioners spoke against this planning application; one of them handed in a letter setting out the reasons – see item 2102/12 (d) (v). (Noted)

2102/6 REPORT COUNTY COUNCILLOR R CANN
(a) General: -
Cllr Cann spoke of “Energy Saving for Devon’s Street Lights” (plans in train to reduce power bill and curb pollution), “Devon’s Vulnerable Children” (almost £3 million extra to be spent on children in care and on a child protection plan), “Westleigh Junction” (DCC has yet to reach a technical conclusion; a review of the options will be examined in a couple of weeks), “DCC Cllrs to Freeze Allowances” (for the second year in a row); “Potholes” (7,000 have been repaired in the past 2 weeks by 26 teams of specialist gangs – nearly 50,000 have been repaired since April 2009) and “DCC Media and Public Relations/Corporate Communications Officers” (DCC employs 23 members of staff to fulfil these roles at a cost of £201,801 pa). (Noted)
(b) Village Gateway Initiative: -
Cllr Cann said he was still awaiting a response from DCC that he would expedite in time for the next meeting. (Noted)
c) Instow Ferry Project: -
Cllr Cann said he was proposing to investigate the reinstatement of the ferry service between Instow and Appledore together with a fellow DCC Cllr, Cllr Andrew Eastman (Appledore) and that their proposition was to jointly fund the acquisition of the boat from their locality funds with the success of the project depending entirely on the interest and commitment of local volunteers. Cllr Cann said he had arranged to hold a public meeting in the Instow Village Hall at 7 pm on Thursday 11th March 2010 and that he hoped he could call upon IPC for its support. IPC RESOLVED to support the initiative and wished Cllr Cann every success. (Noted)
d) DCC Budget 2010/2011: -
Cllr Cann said that DCC had earlier that day set its precept increase at 1.98%. (Noted)

2102/7 REPORT OF DISTRICT COUNCILLOR B MOORES
(a) Quay Car Park, Instow: -
(i) Cllr Moores said it had not been possible, for any number of good reasons, for IPC (Chairman and Clerk) to meet with him and the appropriate NDC Officer since the last meeting but that he hoped to do so in the very near future. (Noted)
(ii) The Clerk advised IPC that despite the lack of opportunity to meet with NDC it had presented valuable time for both him and IPC Cllrs to review the NDC’s “Business Case for Instow (Quay) Car Park” (which he had received from Cllr Moores by email on 25.1.10) and produce with a report setting out salient comments/queries which perhaps Cllr Moores/NDC might like to respond to before any meeting was held – he produced a typed copy that had earlier been provided to Cllrs. After a discussion IPC RESOLVED to adopt this course of action and Cllr Moores, who was provided with a copy of IPC’s report (together with Cllr Cann as a NDC Executive Member), agreed to act as necessary. (Action: Cllr Moores)
(iii) The Clerk then told Cllrs that IPC had been advised by its solicitor that NDC was under a legal obligation (Landlord and Tenant Act 1954 Part 2 (LATA)) to, as a minimum, give IPC at least 6 months (possibly 12 months) notice to bring an end to the current “car park” arrangement that was subject of a licence that had been in existence since 1986. The Clerk added that IPC’s solicitor had also said that the current licence could be construed as a lease on the basis that it had continued since 1986 and that it had forfeiture provisions which would normally be included in a lease. In addition; on the basis it was a lease (and the fact the lease was a commercial lease) it would have the benefits of security of tenure under the LATA. The Clerk pointed out that no notice had yet been served on IPC by NDC. (Noted)
(iv) The Clerk concluded by saying that as NDC had taken 3-4 months in establishing its position by the production of its”Business Case for Instow Car Park” surely it was now unreasonable to expect IPC to consult with NDC (which had not been possible for any number of good reasons since receiving a copy of NDC’s Car Park Report – 25.1.10) and come to a considered decision (that may well involve independent and legal advice) in the space of 8-12 weeks. He said the car park opened on the 1st May 2010 and would it not, therefore, be feasible for NDC to afford IPC a licence for the current season (2010) on the usual terms and in the meantime proceed with consultation/negotiations with IPC in a structured, unhurried and measured manner. (Noted)
(v) After a discussion IPC RESOLVED to adopt this recommended course of action and Cllr Moores was asked to convey this point of view to NDC as a matter of some urgency. Cllr Moores said he felt this was a reasonable request and that he would report back asap. (Action: Cllr Moores)
b) Local Government Review: -
(i) Cllr Moores said Exeter City Council had been granted Unitary Status and the remainder of Devon would remain two tier {expect Plymouth and Torbay}. (Noted)
(ii) Cllr Cann (DCC) pointed out that DCC was seeking a judicial review of this decision supported by the fact a senior governmental civil servant had said such a review had a 70% chance of success. (Noted)
c) General Matters: -
Cllr Moores reported on “Charter Toilets - Quay Car Park” (no change), “Ransom Strip” (alternative sites now needed to be identified), “Brynsworthy Environment Centre” (report by RSM Tenon referred to Audit Committee for consideration of proposals/monitor the implementation of the action plan) and “Council Tax 2010/2011” (to plug a £1.3 million deficit NDC had agreed to increase council tax by 2.5% and make cuts (various)/increases in charges such as car parks. (Noted)
d) Dead Sheep - Instow Beach: -
In answer to a question from Cllr Harper, Cllr Moores said he would enquire what action had recently been taken by NDC to remove sheep carcasses from the beach at Instow. (Action: Cllr Moores)
e) NDC’s Scrutiny Committee: -
In answer to a question from Cllr Mrs Dipper, Cllr Moores (and Cllr Cann) spoke of the work of the District Council’s Scrutiny Committee. (Noted)

2102/8 MINUTES
It was RESOLVED that the January 2010 minutes of Instow Parish Council be approved and signed. (Noted)

2102/9 MATTERS ARISING FROM THE MINUTES
(a) Item 2101/9 (b) – Quay Car Park, Instow: -
i) The Clerk reported receipt of an email (dd 25.1.10) and attachment (NDC’s Business Case for Instow Car Park) from Cllr Moores (NDC) and in which it was requested that arrangements be made for the Chairman and Clerk to meet up with Cllr Moores and Dianne Hill (NDC) asap to discuss the options as outlined. (Noted)
(ii) The Clerk said he had forwarded (25.1.10) a copy of the email and attachment to Cllrs with email addresses for their information adding that the Chairman had agreed to provide a hard copy for Cllr Cook. (Noted)
(iii) The Clerk reported receipt of emails from Cllr Mrs Dipper (dd 1.2.10) and Cllr Harper (dd 4.2.10) setting out their thoughts. (Noted)
(iv) The Clerk updated IPC on his negotiations (various emails refer dd 27.1.10, 1.2.10, 2.2.10 and 5.2.10) with NDC (Cllr Moores) to arrange a meeting with NDC but that for any number of reasons it has not been possible. (Noted)
(v) The Clerk reported he had circulated (email dd 15.2.10 refers) to all Cllrs, with an email address, a draft set of questions and comments that he had prepared by perusal of “NDC’s Business Case for Instow Car Park” together with comments passed to him by the Chairman (verbal) and Cllrs Mrs Dipper and Harper (see (iii) above). (Noted)
(vi) The Clerk reported receipt of emails (dd 15.2.10) from Cllr Harper, Cllr Mrs Dipper, Cllr Green and Cllr Thomas reference the draft set of questions as at item (v) above; he said some recommended amendments/additions had been made to the original question/comments paper. (Noted)
(vii) The Clerk then provided Cllrs with an amended set of questions/comments (as at item (vi) above to aid discussion at the meeting. (Noted)
(viii) The Clerk then reported that Cllrs Mrs Dipper and Harper had completed a Swot’s (Strengths, Weaknesses, Opportunities and Threats) analysis of all 6 of the NDC’s Car Park Options; copies were provided to Cllrs. (Noted)
(ix) The Clerk also provided Cllrs with a template Swot’s analysis form so that each could record their thoughts on each of the 6 options so as to aid subsequent discussion and debate. (Noted)
(x) IPC noted the previous resolution taken as at item 2102/7 (ii), (iv) and (v). (Noted)
b) Item 2101/9 (c) - Village Gateway Initiative: -
An update report was provided by Cllr Cann; he said a revised design had been submitted for safety audit which had addressed a number of issues which were raised in relation to what was now an art feature rather than a gateway adding that when the response was received back it would be taken to arbitration if the comments were unfavourable. (Noted)
c) Item 2101/9 (d) - IPC’s QPC Reaccreditation: -
The Clerk advised IPC he was still in the throes of preparing a draft press release having had some difficulties in obtaining background information; he elaborated on what data he had ascertained to date. (Action: The Clerk)
d) Item 2101/9 (e) - All Saints Chapel/Children’s Play Area: -
(i) The Clerk reported he had spoken (22.1.10) to the Reverend Geoff Calway and explained that if this project was to proceed the PCC would need to grant IPC a lease or otherwise grants could not be forthcoming. (Noted)
(ii) The Clerk provided an update on further questionnaires that had been received at the post office since the last meeting. (Noted)
(iii) In the light of item 2102/5 (d) IPC then RESOLVED to take no further action on this project although it did RESOLVE to proactively support the PCC should it decide to run with a scaled down play area itself in ways such as grass cutting/minor maintenance. (Noted)
(iv) A discussion then ensued as regards the use of the “Ransom Strip” monies at the conclusion of which it was RESOLVED to actively consider sites elsewhere in the parish for a children’s play area (e.g. Tarka Trail – Cllr Cann) and allotments; certain sites were discussed and Cllr Johns and The Clerk were asked to carry out enquiries as necessary. (Action: Cllr Johns, Cann and The Clerk)
e) Item 2101/9 (g) - Devon Duck Tours (DDT) – Use of Instow Sands:
(i) The Clerk confirmed he had sent an email (dd 22.1.10) to the proprietor of DDT, Paul White (PW), requesting further information as regards his agreements with TDC and DCE for the 2010 season. (Noted)
(ii) The Clerk reported receipt of an email (dd 26.1.10) from PW providing TDC’s contact details (Licensing). (Noted)
(iii) The Clerk reported receipt of an email (dd 26.1.10) from PW providing a copy of an “Inspection Report” of the DUKW by the Maritime and Coastguard Agency (MCA); the Clerk elaborated and said that PW stated that the MCA had inspected the boat and acted as the qualified marine engineer to determine whether the boat was safe and met the requirements of small commercial vessels operating from a nominated point of departure adding that although the MCA were capable of licensing he chose to licence through TDC. (Noted)
(iv) The Clerk reported receipt of an email (d 27.1.10) from PW attaching a copy of a “TDC Boatman’s Licence” for the period 1.8.09 to 31.3.10 (for PW) and a “TDC Inshore Pleasure Boat Licence” for the period 12.8.09 to 31.10.09 (for PW). (Noted)
(v) The Clerk reported he had spoken (27.1.10) to TDC Licensing and had subsequently received a letter (dd 27.1.10) in which it had been confirmed that TDC had granted a licence for the DUKW (known as the “Valiant”) on the 12th August 2009 (for the period 1.4.09 to 31.10.09) to operate in category C waters (i.e. the Torridge Estuary). He added that the vessel was certified as compliant with the MCA’s Code of Practice on 7th August 2009 and that the MCA had confirmed this by email to TDC but had not forwarded the actual certificate of worthiness. TDC had enclosed a copy of the MCA email (dd 7.8.09) and a copy of PW’s “Pleasure Boats Licence” (for period 12.8.09 to 31.10.09) and “Boat Licence Conditions for Category 2 Pleasure Boats”. (Noted)
(vi) The Clerk reported he had also spoken (27.1.10) to TDC’s Car Park’s Manager and ascertained that PW was currently not permitted to access the car park at Appledore with the DUKW until such time as he could satisfactorily demonstrate he could access and leave the car park via the slipway in a safe manner; the Clerk elaborated. (Noted)
(vii) The Clerk referred to an email (dd 28.1.10) that he had sent to PW asking whether he had ever thought of making use of the Quay at Instow to pick up and drop off passengers. (Noted)
(viii) The Clerk then referred to an email (dd 28.1.10) from PW explaining that last year he had an agreement with DCE to use the Quay but mud was an issue; it could be appropriate at times of high tides. (Noted)
(ix) The Clerk reported receipt of an email (dd 4.2.10) from PW concerning an exchange of emails he had had with TDC (Harbour Board in particular) as regards the use of the car park at Appledore; the Clerk read it to Council. (Noted)
(x) A discussion then ensued, led by Cllr Crombie and the Clerk, at the conclusion of which IPC RESOLVED to ask PW of DDT to come back to IPC with a comprehensive risk assessment plan and strategy that would counteract its current genuine and real concerns over the safety of beach users should it grant PW a licence to use those parts of Instow Sands as leased by IPC from the CE. (Noted)
(xi) It further RESOLVED that PW should provide written assurances and a plan to obviate issues and potential disputes (from other landowners) over the use of parts of Instow Sands not leased by IPC and as regards the parking of the DUKW when not in use which did attract complaints from parishioners last season. (Action: The Clerk)
f) Item 2101/9 (h) - Instow 30’ Highway: -
(i) Cllr Harper addressed IPC in light of the advice and guidance recently received from DCC’s solicitor. After a discussion IPC RESOLVED to support Cllr Harper’s suggestion that further enquiries should be made of the Land Registry that would involve minimal cost to IPC. (Action: Cllr Harper)
(ii) At the suggestion of the Clerk it was also RESOLVED to take advice from Mr Ian Budge (Solicitor) and to provide him with a copy of Cllr Harper’s research for that purpose. (Action: The Clerk)
(g) Item 2101/9 (j) – Flood Defence Gates (Boathouse)/Signage: - .
The Clerk reported that this sign had been delivered and was now in place having been fitted by the handyman (w/c 15.2.10). (Noted)
(h) Item 2101/9 (f) –Instow Buses and Congestion: -
(i) The Clerk reported that he had enquired of DCC Highways (22.1.10 – phone) as to the progress on DCC’s liaison with local bus companies and that it had been agreed to chase it up and reply asap. (Noted)
(ii) The Clerk reported receipt of an email (dd 8.2.10) from DCC Highways apologising for the delay adding that a response was still awaited. (Noted)
(iii) The Clerk said he had forwarded an email (dd 15.2.10) asking that an update be received prior to IPC’s meeting of 18th February and that the support of Cllr Cann had also been enlisted (16.2.10). (Noted)
(iv) Cllr Cann said he believed that any alterations to the parking arrangements in this area (i.e. pinch point/disabled access on to pavement) might well not materialise until the financial year 2011/12 and even then it might only appear in the reserve fund. (Noted)
(i) Item 2101/10 (i) (c) – NDCCS Beach Clean Initiative: -
(i) Cllr Mrs Dipper reported that she had been unable to attend the NDCCS’s meeting of 25.1.10. (Noted)
(ii) The Clerk reported receipt of an email (dd 7.2.10) from the Organiser of Instow’s “Adopt a Beach” Volunteer group who were to clean the beach Friday 19th – Sunday 21st March. IPC RESOLVED to support this initiative; it was noted that the beach cleaner didn’t start his activity until Easter. (Noted)



(j) Item 2101/10 (i) (d) – Sand on Highway: -
(i) The Clerk reported that sand had been moved (4.2.10) when he passed the location albeit just thrown back over the wall on to the beach; he referred to an article in the ND Journal (28.1.10) where this issue had been covered. (Noted)
(ii) The Clerk also referred to a letter in the ND Journal (18.2.10) where it was claimed that a prospective North Devon parliamentary candidate had cleared the sand; Cllr Cook said most of it had been moved by the parish lengthsman. (Noted)
(iii) The Clerk reported receipt of a telephone call (29.1.10) from the Probation Service (PS) offering its services to shift the sand. He said the PS had read of the problem in the ND Journal (28.1.10). He said he had declined the offer but further information as regards the services it provided had been requested. (Noted)
(iv) The Clerk reported receipt of an email (dd 28.1.10) from the PS followed by relevant marketing correspondence in the post. He suggested that IPC should note this service for future reference adding that the PS would carry out work for the provision of a suitable donation. IPC RESOLVED to adopt this suggestion. (Noted)
(k) Item 2101/10 (i) (f) – IPC Meeting Dates 2009/Cllr Details: -
(i) The Clerk reported that “Meeting Dates” required to be circulated and posted on parish notice boards and the Instow website adding that the Parish Hall had already been provided with a copy for booking of meeting dates. (Noted)
(ii) The Clerk reported that “Cllr Details” (for publication and internal use) had been updated and forwarded in draft form to Cllrs with their agenda papers. (Noted)
(iii) The Clerk provided Cllrs with a copy of each “Cllr Details” document having been previously advised of relevant amendments. (Noted)
(l) Item 2101/10 (i) – NDC/TDC Core Strategy Plan Document: -
Cllrs White (Chairman), Crombie, and Mrs Dipper provided IPC with a report on their views and recommendations as a result of which it was RESOLVED to send a suitable reply to NDC – Clerk to liaise with Chairman. (Action: Cllr White/The Clerk)

2102/10 CORRESPONDENCE
(i) Matters for discussion/resolution or noting
a) Letter (dd 25.1.10) from Nick Harvey MP reference “Lessons from the Great Freeze 2010”:-
(i) The Clerk advised Cllrs that because of a considerable number of comments/complaints received regarding the responses of DCC, District Council and Housing Association in respect of snow and ice clearance the writer had decided to distribute a short survey to all parishes in North Devon to see what might be collectively learned from this experience. (Noted)
(ii) The Clerk provided a copy of the letter/survey form to Cllrs at the meeting. (Noted)
(iii) After as discussion IPC RESOLVED to complete the survey form and the Clerk was asked to reply as necessary. (Action: The Clerk)
b) Letter (dd 25.1.10) from NDC reference “House to House Collection: PDSA Peoples Dispensary for Sick Animals and The Cats Protection League”: -
(i) The Clerk said this stated that this collection was to take place in the parish between 17.5.10 and 31.5.10, 14.6.10 and 28.6.10 and 12.7.10 and 19.7.10. (Noted)
(ii) The Clerk advised IPC that in view of the fact this application had been made by a bone fide charity and was a regular collection he had advised NDC that IPC would have no objection. (Noted)
(iii) IPC RESOLVED to ratify this decision. (Noted)
c) Letter (dd 25.1.10) from NDC reference “Street Collection Permit: RNLI”: -
(i) The Clerk said this stated that this collection was to take place in the parish on Saturday 7th August 2010 between the hours of 9am and 6pm. (Noted)
(ii) The Clerk advised IPC that in view of the fact this application had been made by a bone fide charity and was a regular collection he had advised NDC that IPC would have no objection. (Noted)
(iii) IPC RESOLVED to ratify this decision. (Noted)
d) Email (dd 26.1.10) from DAPC reference “Royal Garden Parties 2010”: -
The Clerk told IPC that the “Devon Parishes” date was Tuesday 22nd June 2010 and it was for Chairman of Parish Councils/Mayors of Town Councils; the Clerk elaborated on the selection process at the conclusion of which IPC RESOLVED to support the nomination of Cllr White (Chairman). (Action: The Clerk)
e) (i) Email (dd 28.1.10) from DAPC reference “Mobile Library Review/Survey of Town and Parish Councils”: -
(i) The Clerk said he had copied this email (28.1.10) to Cllrs with email addresses for their information. (Noted)
(ii) The Clerk reported receipt of a letter/Survey Form/Poster (received 29.1.10) from DCC reference “Mobile Library Review Survey” – he copied it to Cllrs. (Noted)
(i) The Clerk said that DCC stated that the use of the mobile library service had declined by more than 40% over the last 10 years and it wished to revitalise the service so that it became better used within rural communities and a more vibrant service. (Noted)
(ii) The Clerk said he had placed a poster at the parish hall for the information of parishioners. (Noted)
(iii) IPC then discussed the matter and RESOLVED to complete the survey that had to be returned to DCC by the 19th March 2010; the Clerk was asked to reply as necessary and as agreed. (Action: The Clerk)
f) Email (dd 29.1.10) and attachment from Defra reference “Draft Guidance for Water Controllers – Bathing Water Signage”: -
(i) The Clerk said that IPC was asked (having previously agreed to do so) for its opinion of these draft guidelines; he said the Defra Signage Working Group was next to meet on 22.2.10. (Noted)
(ii) The Clerk said he had forwarded the email and attachment (dd 29.1.10) to Cllr Green (IPC’s Water Quality Expert) for a review. (Noted)
(iii) The Clerk reported receipt of an email (dd 7.2.10) from Cllr Green setting out his views; the Clerk provided Cllrs with a copy of the email at the meeting. (Noted)
(iv) After a discussion IPC RESOLVED to respond to the request as suggested by Cllr Green. (Action: The Clerk)
g) Email (dd 30.1.10) from Cllr Cann reference “Ferry Meeting”: -
(i) The Clerk said this stated that Instow Parish Hall had been booked for a meeting on Thursday 11th March 2010 at 7 pm to discuss the viability (and local support) for this project adding that DCC was enthusiastic for this venture. (Noted)
(ii) The Clerk reported that there was an article on this matter in the NDJ (18.2.10). (Noted)
(ii) See item 2101/6 (c) reference this matter. (Noted)
h) Poster (received 6.2.10) from Environment Agency/NDC and TDC reference “Parish Council Emergency Planning Support Sessions”: -
(i) The Clerk said this stated that these events were to be held at Rosemoor Gardens (Tuesday 2nd March between 6pm-8pm), Memorial Hall, Holsworthy (Thursday 4th March between 6-8pm), Cedars Lodge Inn, Barnstaple (Monday 8th March between 1pm-3pm) and South Molton Town Hall (Monday 8th March between 6pm-8pm) and that representatives from NDC/TDC/DCC would be present plus Police, EA and Red Cross. (Noted)
(ii) After a discussion IPC RESOLVED to support the attendance of Cllrs should they be available to attend. (Noted)
i) Letter (dd 10.2.10) from NDC reference “Street Collection Permit – Help for Heroes”: -
(i) The Clerk said this stated that this collection was to take place in the parish on Saturday 10th April 2010 between the hours of 9am and 6pm. (Noted)
(ii) The Clerk advised IPC that in view of the fact this application had been made by a bone fide charity he had told NDC that IPC would have no objection. (Noted) (iii) IPC RESOLVED to ratify this decision. (Noted)
j) Letter (dd 11.2.10) from NDC reference “Local Government Review”: -
(i) The Clerk said this stated that the Government had opted for the original Exeter proposal to become a Unitary Authority leaving the rest of Devon two-tier; he provided a copy of the letter to Cllrs at the meeting. (Noted)
(ii) See item 2102/7 (b). (Noted)

(ii) Taw and Torridge Estuary Forum and associated Matters (Placed in “Briefing Folder” for information of Cllrs)
NIL

(iii) Matters to note: (Placed in “Briefing Folder” for information of Cllrs)
a) DAPC Matters (Various): - (i) Email (dd 26.1.10) reference “Clerks Vacancies”; (ii) Email (dd 28.1.10) reference “Rising to Challenge Seminar”; (iii) Email (dd 28.1.10) reference “NALC Leadership Academies”; (iv) Email (dd 1.2.10) reference “QPS Dissertation Survey”;(v) Email (dd 1.2.10) reference “Standing Orders for Local Councils”; (vi) Email (dd 2.2.10) reference “New Cllr Short Course”; (vii) Email (dd 2.2.10) reference “Free Notice Boards”; (viii) Email (dd 9.2.10) reference “Senior Council for Devon – Publicity”; passed to Editor of Parish Magazine; (ix) Email (dd 10.2.10) reference “Reminder: Devon Playing Pitch etc Survey”; (x) Email (dd 10.2.10) reference “Reminder: Devon Playing Pitch etc Survey – Disregard”; (xi) Email (dd 15.2.10) reference “SLCC Branch Newsletter”; (xii) Email (dd 17.2.10) reference “NALC E-Bulletin February 2010” and (xiii) Email (dd 18.2.10) reference “Drop In Surgery – Community Planning”.
b) NDDC Members Services Weekly Information Sheet for w/e 22.1.10. 29.1.10, 5.2.10 and 12. 2.10.
c) Junk Mail (Issue 3)
d) Email (dd 21.1.10) from a parishioner reference “Parish Points – 21st January 2010”: -
Matters noted by Clerk for records; copied on to Cllr Cann (DCC) and Cllr Moores (NDC) for their information and attention as necessary – parishioner advised.
e) Email (dd 51.1.10) from a parishioner to Nick Harvey MP reference “BWEA _ Funding for Small Wind Farms”: -
IPC to note.
f) Email (dd 24.1.100 from an ex parishioner reference “Down/Downs Road”: -
Clerk replied as necessary.
g) Email (dd 27.1.10) from Andy Bell (NDCCS) reference “Tarka Trail – Tree Cutting Regime”.
h) Email (dd 30.1.10) from Cllr Harper reference “Sheep Carcasses – Instow Beach”: -
Cllr Harper to advise authorities/take necessary action as advised by the Clerk.
i) Email (dd 1.2.10) and attachment from Plunkett Foundation reference “Parish Council Survey”.
j) Letter (dd 27.1.10) from NSPCC reference “Raise Awareness – NSPCC”.
k) Letter (received 2.2.10) from Marshall’s reference “Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 – Paving of Front Garden Areas”.
l) Email (dd 4.2.10) from Cllr Harper reference “Blocked Drain – Boathouse Bus Stop”: -
Cllr Cann advising appropriate authority; Cllr Harper told.
m) Email (dd 5.2.10) from Cllr Harper reference “Planning for Loventor – Drive/Access and Tree Cutting”: -
Suitable response sent to Cllr Harper by Clerk – attention drawn to item (g) above.
n) Mole Valley Farmers Newsletter – February 2010 (No 5489).
o) Letter (dd 2.2.10) and attachment from DCC reference “Investing in Devon – Strategic Plan”.
p) Copy emails (dd 4.2.10) from parishioner and Chairman of IPHC reference “David and Bill Shepherd Memorabilia (Juniper Jug/Shepherd PO Van/Photos) – IPH Custodian”.
q) Notelet from a parishioner reference “Thanks for support and Condolence Letter reference Bill Shepherd”.
r) Devon In Touch Monthly News Round-up (February 2010): -
Copy placed at post office for information of parishioners.
s) Letter (dd 12.2.10) from Devon and Cornwall Police Authority reference “Police Authority Meeting – Okehampton 4.3.10”.
t) Email (dd 10.2.10) from a parishioner reference “Unlit Street Light – Top of Quays Lane”: -
SEC Lighting advised and will deal asap; parishioner advised.
u) Agenda of NDC’s Standards Committee (Sub Committee A) of Tuesday 2nd February 2010 at 4 pm
v) (i) Agenda, Minutes and Reports of NDC’s Standards Board Meeting of Tuesday 23rd February 2010 at 7 pm.
(ii) Agenda and associated papers for NDC’s Standards Board Meeting of Wednesday 24th February 2010 at 7 pm.
w) Letter (received 17.2.10) and booklet from Energy Saving Trust reference “Joining Green Communities will help make a big success of your energy saving projects”.

2102/11 FINANCE
1. INCOME: -
Fremington PC Cllr POWB Training £20.45
TOTAL: - £20.45
2 EXPENDITURE: -
Mr M Harris Village Handyman £160.00@
BT Parish Telephone 01271 372408 £ 98.77*
Murch Brothers Tractor Parts £ 87.40+
SW Signs Boathouse Flood Defence Gates £ 35.25=
Brewer Harding and Rowe (Solicitors) Beach Leases/Car Park £243.87#
TOTAL: - £625.29
Key: -
@ Includes £32 to install sign on Boathouse flood defence gates
* Cost of calls £44.33, rental charges etc £40.80 and VAT £13.64 (recoverable)
+ £13.02 VAT recoverable.
= £5.25 VAT recoverable
# Includes £50 Land Registry Fee and £28.87 VAT recoverable
3. BANK – STATEMENT OF ACCOUNTS: -
Lloyds Bank Treasurers a/c no. 02348842 as @ 28.1.10 (Statement) = £ 280.19*
Lloyds Bank Business a/c no. 02350065 as @ 11.12.09 (Statement) = £19,031.70+
Key:-
* According to Clerk’s records this is 69p (3 cheques to the total value of £279.50 uncashed)
+ According to Clerk’s records this is £17,524.15
4. RESOLUTION REQUIRED: -
IPC RESOLVED to transfer £625.00 from Lloyds Bank Business account number 02350065 to Lloyds Bank Treasurers account number 02348842 to cover cheques as at 2 (b) above. (Action: The Clerk)
5. MISCELLANEOUS: -
(a) Mole Valley Farmers – IPC Account (January 2010): -
The Clerk said this stated that IPC owed nothing; account in balance. (Noted)
(b) Crown Estate (CE) Beach Lease 2010 - 2034 : -
(i) The Clerk told IPC that he and Cllr Crombie had visited the offices of Ian Budge (IB) (Solicitor) on Friday 29th January and signed this lease that was valid until the end of 2034 with “break-out/review” opportunities after 10 years and 20 years. (Noted)
(ii) The Clerk reported receipt of a letter (dd 8.2.10) from IB confirming beach leases for CE and MOD had been sent off and enclosed his account (see above) that included a land registry charge (for the beach lease – CE) of £50. (Noted)
(iii) The Clerk reported that IB now had to make a Stamp Duty Land Tax Return on a form he had enclosed with his letter and that Cllr Crombie and he had to sign it and return same asap. (Action: Cllr Crombie/The Clerk)
(c) MOD Beach Lease – 2010 - 2034: -
The Clerk advised IPC that he and Cllr Crombie had visited the offices of Ian Budge (IB) (Solicitor) on Friday 29th January and signed this lease that was valid until the end of 2034. (Noted)
(d) Handyperson and Beach Cleaner – Terms and Conditions and Salary Scale 2010/2011: -
The Clerk reported that this still needed to be done when the budget had finally been “cleared”. (Noted)
(e) Donation/Grant to IPC – Local Business: -
The Clerk told IPC that this was still very much in the developmental stage and that Cllr Crombie and he were to meet up with Cllr Johns hopefully before the next meeting of IPC. (Noted)


(f) Email (dd 29.10.09) and attachments from “Came and Company Parish Council Insurance - Aviva” reference “Quotation”: -
The Clerk said that Cllr Crombie and he were to meet up with Cllr Johns hopefully before the next meeting of IPC. (Noted)
(g) Email (dd 1.2.10) from CE’s Agent reference “CE - Royalty Payments 2009”: -
The Clerk said this confirmed receipt of the relevant cheque but “noted” that payment did not include rent of £75; the Clerk suggested NFA at this stage – IPC RESOLVED to support this recommendation. (Noted)
(h) EDF Energy - “Pricing Structure Changes”: -
The Clerk confirmed that the new contract had been accepted by EDF (email of 22.1.10 refers) but that confirmation was still awaited from EDF. (Noted)
(i) Email (dd 29.1.10) from Treasurer of Instow Parish Hall – Grant 2009/Allotment A/C Interest 2009 and IPC’s Peppercorn Rent”: -
The Clerk said this thanked IPC for the two grants and reminded it that its £1 peppercorn rent was due for 2009/10; the Clerk said he would deal with this by cash once an invoice had been received. (Action: The Clerk)
(j) Adoption of POWB: -
The Clerk confirmed he had advised NALC that IPC had adopted the POWB (email of 5.2.10) and that this had been acknowledged by NALC (email of 10.2.10). (Noted)
(k) Letter (dd 8.2.10) from The Office of The Information Commissioner reference “Data Protection Act 1998 – confirmation of Renewal 2010-11 (Until 18th February 2011): -
The Clerk said this had been filed for future reference. (Noted)
(l) Letter (dd 10.2.10) from NDC reference “Marine Car Park, Instow – Bottle Bank”: -
(i) The Clerk said this reminded IPC that its licence for the above was due to expire on 31.3.10 and that NDC was able to offer it a new licence to run from 1.4.10 to 31.3.11 on the same terms and conditions as before with no fee. (Noted)
(ii) The Clerk advised IPC he had accepted the offer and returned the necessary paperwork; IPC RESOLVED to ratify this decision. (Noted)
(m) Letter (dd 10.2.10) from NDC reference “Marine Car Park, Instow – Bus Shelter”: -
(i) The Clerk said this reminded IPC that its licence for the above was due to expire on 31.3.10 and that NDC was able to offer it a new licence to run from 1.4.10 to 31.3.11 on the same terms and conditions as before and with the same licence fee of £14 + VAT. (Noted)
(ii) The Clerk advised IPC he had accepted the offer and returned the necessary paperwork; IPC RESOLVED to ratify this decision. (Noted) (n) Letter (dd 31.1.10) from HM Revenue and Customs reference “Notification to complete form P35 Employers Annual Return”: -
The Clerk said this stated that the Employers Annual Return (P 14’s and P 35) for the tax year 2009/10 must be filed online and by the 19th May following the end of the tax year 2009-10. The Clerk said he would take the necessary action as appropriate and in a timely fashion. (Action: The Clerk)

2102/12 PLANNING
a) Removal of condition 3 (holiday occupancy restriction) attached to planning permission 48412 at Seafield, Sandhills, Instow (Reference No 49658): -
(i) The Clerk reported receipt (dd 28.1.10) of this application and of having passed it immediately to the Chairman for the attention of IPC’s PSC; for response by 16th February 2010. (Noted)
(ii) The Clerk confirmed that an entry had been placed on the Instow website for the information of parishioners. (Noted)
(iii) The Clerk advised IPC he had requested (16.2.10) an extension from NDC’s Planning until Friday 19th February 2010. (Noted)
(iv) After a discussion, led by the PSC, IPC RESOLVED to have the Clerk obtain further information from NDC’s Planning Department and to report back by email/phone so that a decision could be taken with the benefit of that further and crucial information. (Action: The Clerk)
b) Erection of boiler house at The Meadows, Anstey Way, Instow (Reference No 49645): -
(i) The Clerk reported receipt (dd 29.1.10) of this application and of having passed it immediately to the Chairman for the attention of IPC’s PSC; for response by 16th February 2010. (Noted)
(ii) The Clerk confirmed that an entry had been placed on the Instow website for the information of parishioners. (Noted)
(iii) The Clerk advised IPC he had requested (16.2.10) an extension from NDC’s Planning until Friday 19th February 2010. (Noted)
(iv) The Clerk then referred to an email (dd 17.2.10) from a parishioner; he read it to Council. (Noted)
(v) After a discussion, led by the PSC, IPC RESOLVED to recommend APPROVAL of this application. (Action: The Clerk)
c) Extension and alterations to chapel together with formation of external play area at All Saints Chapel, Anstey Way, Instow (Reference No 49694): -
(i) The Clerk reported receipt (dd 4.2.10) of this application and of having passed it immediately to the Chairman for the attention of IPC’s PSC; for response by 24th February 2010. (Noted)
(ii) The Clerk confirmed that an entry had been placed on the Instow website for the information of parishioners. (Noted)
(iii) After a discussion, led by the PSC, IPC RESOLVED to recommend APPROVAL of this application. (Action: The Clerk)
d) Outline application for erection of dwelling and formation of access and parking at garden of 5 Chichester Close, Instow (Reference No 48716): -
(i) The Clerk reported receipt (dd 15.2.10) of this application and of having brought it direct to the meeting for discussion by IPC. (Noted)
(ii) The Clerk confirmed that an entry had placed on the Instow website for the information of parishioners. (Noted)
(iii) The Clerk reported receipt of a telephone call (16.2.10) from a parishioner objecting to this application; he said he had advised the caller that IPC would be discussing it on 18.2.10. (Noted)
(iv) The Clerk reported receipt of an email (dd 17.2.10) from a parishioner objecting to this application; he said he had advised the writer that IPC would be discussing it on 18.2.10. (Noted)
(v) The Clerk read out a letter of objection that had been handed to him as at item 2102/5 (f). (Noted)
(v) After a discussion IPC RESOLVED to recommend REFUSAL of this application citing the following reasons: -
“On the grounds of potential loss of privacy/light to neighbouring properties, a potential over intensification of the site as well as presenting a likely adverse impact on the amenities of adjoining properties (one of which is a listed building) together with real and actual concerns as regards the road safety implications of adding another vehicular access on to a very busy road (Anstey Way) and near a current road junction. IPC notes that this application requests that the proposed appearance and landscaping is a reserved matter for future approval. It further notes that a recent (and similar) application was refused and dismissed on appeal (2008) with the main issues being the effect that the proposed development would have upon the character and appearance of the surrounding area. It also refers to the importance of the appearance of the proposal in terms of external finishes, windows, roofs etc; this has not been addressed (one could argue ignored) in this application. In the appeal the Inspector referred to the prominence of the original proposal being exacerbated by its height; it would seem that the height of this application has only been lowered by some 500mm (and the roof to be at 45 degrees) and therefore the proposal would still form an unduly dominant form of development. In summary, IPC feels that this application should be REFUSED (for all the above reasons) and until such time as specific details are lodged with the Planning Department of the design and appearance of any proposed dwelling; a decision without these details could not consider whether the proposal would cause considerable damage to the character and appearance of the area as the Planning Inspector referred to in the previous proposal in her summing up paragraph. IPC would also like to point out that it found some of the supporting material misleading in that it did not, for example, indicate any sign whatsoever of pedestrian islands that are in the vicinity of the proposed new build and nor did it include the current house (known at 5 Chichester Close) so as to presumably exclude comparison purposes”.
(Action: The Clerk)
(vi) IPC also RESOLVED to have Cllr Moores (NDC) call this application in and he was advised accordingly. (Action: Cllr Moores)
e) Email (dd 8.2.10) from Charlotte Luckett (Chartered Planning and Development Surveyor of Bideford) reference “Resubmission of proposed conversion of the former Care Home to 12 Holiday Apartments at The Sands Residential Care Home, Marine Parade, Instow”: -
(i) The Clerk said that the writer, on behalf of her clients, was seeking the support of IPC for this proposal and was prepared to attend a forthcoming IPC meeting to advise Cllrs of the proposals that were set out in the email. (Noted)
(ii) The Clerk provided Cllrs with a copy of the email for their perusal. (Noted)
(iii) The Clerk told IPC he had spoken to the author of the email (15.2.10) and was told that the plans had been changed, following discussions with NDC Planning, and that she would forward an up to date email by the meeting of IPC on 18.2.10; this had not materialised. (Noted)
(iv) In the light of items (f) and (g) below no further discussion took place. (Noted)
f) Conversion of former Care Home to form 12 apartments at sand Residential Home, 4-5 Bath Terrace, Marine Parade, Instow (Reference No 49762): -
(i) The Clerk reported receipt (dd 18.2.10) of this application and of having brought it direct to the meeting for discussion; for response by the 9th March 2010. (Noted)
(ii) The Clerk confirmed that an entry had been placed on the Instow website for the information of parishioners. (Noted)
(iii) After a discussion IPC RESOLVED to defer this matter for the attention of IPC’s PSC. (Action: IPC’s PSC)
g) Listed building application for conversion of former Care Home to form 12 apartments at sand Residential Home, 4-5 Bath Terrace, Marine Parade, Instow (Reference No 49773): -
(i) The Clerk reported receipt (dd 18.2.10) of this application and of having brought it direct to the meeting for discussion; for response by the 9th March 2010. (Noted)
(ii) The Clerk confirmed that an entry had been placed on the Instow website for the information of parishioners. (Noted)
(iii) See item (f) (iii) above. (Noted)
h) Letter (received 30.1.10) from NDC Planning reference “Raising of roof, insertion of 2 dormer windows and conversion of loft space to form additional living accommodation at Golden Hind, Bridge Lane, Instow (Reference no. 49427): -
The Clerk said this stated that NDC Planning had GRANTED permission for this application with conditions as listed. (Noted)
i) Email (dd 1.2.10) from NDC Planning reference “Newport Conservation Area Management Plan - Consultation: -
(i) The Clerk said this stated that this was available for consultation for the period of 28.1.10 to 11.3.10; further information could be found vide: -
http://northdevon-consult.limehouse.co.uk/portal/conservation_area_character_appraisals/newport_conservation_area/newport_conservation_area_management_plan_-_draft (Noted)
(ii) The Clerk provided Cllrs with a copy of the email. (Noted)
j) Email (dd 1.2.10) from NDC Planning reference “Rumsam Conservation Area Management Plan- Consultation”: -
The Clerk said this stated that this was available for consultation for the period of 28.1.10 to 11.3.10; further information can be found vide:
http://northdevon-consult.limehouse.co.uk/portal/conservation_area_character_appraisals/rumsam_conservation_area/rumsam_conservation_area_management_plan_-_draft (Noted)
(ii) The Clerk provided Cllrs with a copy of the email. (Noted)




2102/13 ANY OTHER BUSINESS

There being no other business the meeting was closed
 

 

Instow