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MINUTES OF THE  March 2010 MEETING OF INSTOW PARISH COUNCIL


HELD AT INSTOW PARISH HALL ON
THURSDAY 18th MARCH 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, Mrs T Dipper, M Green (Vice Chairman), C Harper, G May, B Thomas, S White (Chairman) and Mr R Jacob (Parish Clerk).

In Attendance: - Cllr R Cann (DCC), Cllr B Moores (NDC) and 6 parishioners

2003/1 PRAYER
The Clerk led the Council in prayer.

2003/2 APOLOGIES
Cllrs N Crombie and A Johns (IPC) and Cllr Moores (NDC).

2003/3 COUNCILLOR DECLARATION OF INTERESTS
Item 2003/9 (10) (g) Instow 40’ Highway – Cllr May declared a pecuniary interest.
Item 2003/13 (m) Planning Reference 49811 – Cllr May declared a personal interest. (Noted)
2003/4 POLICE REPORT
a) Crime: -
PCSO Jessica Meaker told IPC that since the last meeting there had only been 1 crime reported in the parish, namely, the theft of a pair of wire cutters. (Noted)
b) Other Matters: -
PCSO Jessica Meaker said 9 police logs had been recorded during a similar period of time, namely, crime related (x1), road related (x1), information to police (x1), Alarm (x1), suspicious activity (x1) and public safety/concern for welfare (x4). (Noted)
c) General: -
PCSO Jessica Meaker spoke of a continuing speed monitoring/enforcement initiative along Anstey Way (approx 7 - 10 fixed penalty tickets had been issued each month; one for 70 mph in a 30 mph area). (Noted)
d) Indiscriminate Parking – Quay Lane: -
In answer to a complaint from a parishioner, PCSO Meaker said she would ensure that the appropriate action was taken by the police; the Clerk said he would liaise with the Play School Organiser and Chairman of the Parish Hall Committee.
(Action: PCSO Meaker and The Clerk)
e) Unlawful Parking – Boathouse Bus Stop & Emergency Access Gates: -
In response to a comment by the Chairman, PCSO Meaker said she would ensure that the appropriate action was taken by the police and/or civil enforcement officers as appropriate. (Action: PCSO Meaker)

2003/5 PARISHIONERS
a) (i) Council Tax/Banding Reviews & Strategic Plan and (ii) Recycling: -
(i) A parishioner spoke of a 2.6% increase in council tax, minimal increase in state pensions/frozen pensions, and questioned the criteria for banding reviews. He also expanded on his personal thoughts as regards the current TDC/NDC Core Strategy Consultation as it related to the Instow area. (Noted)
(ii) He also questioned the accessibility of current recycling methods to the elderly and infirm. (Noted)
(iii) Cllr Cann said that NDC already had in place a long standing policy whereby elderly or infirm residents could have their recycling (and general waste) collected direct from their house; Cllr Thomas said he was aware of one such arrangement in Instow that had been in place for many years. (Noted)
b) Marine Parade/Marine Court – Rats: -
(i) A parishioner spoke of a large number of rats in and around the area of Marine Court flats and for which she and her neighbours had summoned the assistance of NDC’s Environmental Health Department. The Clerk said that as far as he was aware, this was a problem for landowners/householders to deal with as NDC no longer employed a rat catcher although it could provide advice and guidance, (Noted)
(ii) After a discussion IPC RESOLVED to seek guidance from NDC’s Environmental Health Department and place an article in a forthcoming parish magazine.
(Action: The Clerk)

2003/6 Conversion (and listed building application) of former Care Home to form 12 apartments at Sand Residential Home, 4-5 Bath Terrace, Marine Parade, Instow (Reference No 49762/49773): -
(i) Council received a short presentation by Mr Keith BINES (NDC Planning Case Officer) and Ms Charlotte LUCKETT (Agent’s Planning Consultant) and Cllrs asked questions as necessary and appropriate. (Noted)
(ii) At the conclusion the Chairman and the Clerk thanked Mr Bines and Ms Luckett for their valuable contribution. (Noted)
(iii) Cllr Cann (DCC/NDC) said he wished the meeting to note that in accordance with North Devon District Council’s protocol he was “accompanied” by a North District Council’s Planning Officer whilst in the presence of a Planning Consultant. (Noted)

2003/7 REPORT COUNTY COUNCILLOR R CANN
(a) General: -
Cllr Cann spoke of “Tax Bands” (reference item 2003/5 (a) (i) - these are within the remit of the District Valuer), “North Devon Link Road – Speeds” (average speeds now less than 60 mph), “TDC/NDC Core Strategy” (he was the only NDC Cllr not to support it – North Devon will never be the same again), “A39 – Litter Blitz” (233 litter bags collected on the link road in first 4 days; 25% up on last year), “Battery Recycling” (collection boxes to be placed throughout North Devon) and “Dry Recycling Tonnage” (proving to be on the increase and most lucrative). (Noted)
b) Instow Ferry Project: -
Cllr Cann said between 40 and 50 people attended the recent public meeting and that the concept of reinstating the ferry service was very favourably received. He added that a small committee had been established and that it was now hoped a similar process would be adopted in Appledore and that the two committees would eventually meet up to take the idea further. (Noted)
c) Village Gateway Project: -
Cllr Cann said that both he and the Chairman/Clerk were to attend a meeting with DCC Highways on Friday 26th March in an endeavour to resolve the impasse on this long standing road safety initiative. (Noted)

2003/8 REPORT OF DISTRICT COUNCILLOR B MOORES
a) Instow Quay Car Park: -
The Clerk said he had received an email (dd 18.3.10) from Cllr Moores apologising for his non attendance (sick) but that he wished IPC to know that a licence for the car park had been secured for the coming season whilst negotiations continued between IPC and NDC for a suitable arrangement in the long term. (Noted)
b) Beach Cleaning Agreement 2010/11: -
The Clerk said that Cllr Moores had also reported that the beach cleaning grant would now be covered for the coming season. The Clerk referred Council to a recent conversation/email he had had/received from the Leader of NDC that confirmed this to be the case. (Noted)

2003/9 MINUTES
It was RESOLVED that the February 2010 minutes of Instow Parish Council be approved and signed. (Noted)

2003/10 MATTERS ARISING FROM THE MINUTES
(a) Item 2102/6 (c) – Instow Ferry Project: -
An update was provided by Cllr Cann (DCC – see also item 2003/7 (b)) following his public meeting at Instow Parish Hall on Thursday 11th March 2010 i.e. good turnout of approx 40 people, widespread support and small committee formed to subsequently meet up with representatives from Appledore to explore the project further. He added that the principles of the project were that DCC, with a grant, would in effect provide the boat but the communities of Instow and Appledore would need to arrange a group of volunteers to run and provide the service. (Noted)
(b) Item 2102/7 (a) and 2102/9 (a) – Quay Car Park, Instow: -
(i) The Clerk reported he had, by chance, met Cllr Brayley (Leader of NDC) on Tuesday 2nd March and as a result received favourable comments that IPC would at least be able to run the car park for the forthcoming season on similar terms as before whilst negotiations continued in respect of long term arrangements; he said he had advised Cllr Moores (NDC) of this conversation. (Noted)
(ii) The Clerk reported receipt of an email (dd 5.3.10) from Cllr Moores (NDC) advising him that IPC’s Questions and Comments paper had been given to the appropriate NDC Officer and that a response was being formulated. (Noted)
(iii) The Clerk reported that as NDC had previously said that no beach cleaning grant would be forthcoming for the coming summer season (as it was seen as part and parcel of the future car park arrangement/discussions) he had facilitated an email response (dd 4.3.10) from Cllr Brayley (Leader of NDC) to the effect that although there was some difficulty in supporting this u-turn he did feel fairly confident that he could find a solution; Cllr Moores (NDC) advised (email dd 6.3.10 refers). (Noted)
(iv) The Clerk reported receipt of a letter (dd 4.3.10) from NDC reference “Marine Car Park, Instow - Summer Let” and in which IPC was offered a new licence to run from 1.4.10 to 31.3.11 on the same terms and conditions as before with a revised licence fee of £2049.00 with part payment + VAT i.e. Business Rates of £1452.00 (No Vat) and £597 Rent (VAT at 17.5% = £104.48) = Total £2,153.48. NB: - Last year this was £1,735.72; an increase of £417.76. (Noted)
(v) The Clerk advised IPC he had accepted the offer (5.3.10) and returned the necessary paperwork - see also item 2003/12 (5) (k). (Noted)
c) Item 2102/9 (b) - Village Gateway Initiative: -
(i) Cllr Cann provided an update on this long standing project; i.e. despite amendments having been made to the scheme to comply with new DCC Guidance it was yet again not “supported”; DCC were suggesting that said art feature was placed on the seafront which rather detracted from the original principle of this “road safety” initiative on Anstey Way at the entrances, in effect, to the village. As a result of this Cllr Cann had sought arbitration and it had now been decided that the DCC Local Services Manager was to liaise with IPC and try to establish a compromise by the careful choice of materials and some modification to the design. (Noted)
(iii) The Clerk reported receipt of an email (dd 16.3.10) from DCC Highways inviting the Chairman, Clerk and Cllr Cann (DCC) to a meeting at the Civic Centre at 10am on Friday 26th March 2010 to discuss this project. The Chairman and Clerk declared their availability as did Cllr Cann. (Noted)
(iv) The Clerk reminded IPC that this project had been ongoing now for at least 15 months and it could only be hoped that the above meeting with DCC (see item (iii) above) would expedite the matter so that an early solution could be achieved. IPC RESOLVED to support these sentiments. (Noted)
d) Item 2102/9 (c) - IPC’s QPC Reaccreditation: -
The Clerk provided IPC with a draft press release for its approval; IPC RESOLVED to support it. (Action: The Clerk)
e) Item 2102/9 (e) – Ransom Strip Projects: -
(i) Cllr Cann provided an update on DCC land that was available in the parish for a children’s play area i.e. Tarka Trail at rear of Yacht Club. He said he would get back to IPC in due course with further information. (Action: Cllr Cann)
(ii) IPC also discussed other possible initiatives. (Noted)
f) Item 2102/9 (e) - Devon Duck Tours (DDT)/Use of Instow Sands: -
(i) The Clerk advised IPC he had spoken to the proprietor of DDT (19.2.10) and told him that IPC was still undecided as regards permitting him to use his DUKW on Instow Sands (as leased by IPC from the CE) and required further information as regards his “risk assessment for using Instow Sands”, his “strategy” for ensuring there were no complaints from other beach owners should he inadvertently stray off IPC’s beach area and finally his “plans” for overnight/not in use storage of the DUKW. The Clerk reported that the proprietor of DDT had received this most favourably. (Noted)
(ii) The Clerk reported receipt of an email (dd 11.3.10) from the proprietor of DDT and with which he had attached a full risk assessment document; it was copied to Cllrs at the meeting. (Noted)
(iii) The Clerk advised IPC that the proprietor of DDT was still considering all options for the coming year and would like to know what IPC felt about him possibly using the DUKW as a mobile cinema stopping on Instow beach perhaps one day per week; a discussion ensued. (Noted)
(iv) The Clerk reported receipt of a further email (dd 12.3.10) from the proprietor of DDT advising IPC how (a) he would avoid complaints from other beach owners should he inadvertently stray off IPC’s beach area (he would make use of a GPS system), (b) his plans for storage of the DUKW when not in use (possibly on moorings, Yelland etc), (c) his “idea” as regards using the DUKW as a cinema and (d) his operating schedule for the summer (4 days on and 4 days off) should IPC grant him a licence; he also spoke of reducing noise (exhaust and cooling fan) when operating; the Clerk elaborated. (Noted)
(v) After a lengthy discussion IPC RESOLVED not to grant the proprietor of DDT a licence to use those parts of Instow Sands as leased by it from the CE on the grounds that although Cllrs were impressed by the applicants enthusiasm and innovativeness they could not establish, beyond all reasonable doubt, that the DUKW would not present a risk to beach users despite the fact a most thorough and elaborate risk assessment plan had been prepared and provided to them. IPC had to establish (as instructed by its insurers) that it was completely and utterly satisfied that the DUKW’s planned activity did not present a risk, and this it could not do beyond all reasonable doubt. (Noted)
(vi) The Clerk was asked to convey this message to the proprietor of DDT and to wish him every success in whatever he might now decid to do with Valiant (the DUKW).
(Action: The Clerk)
g) Item 2102/9 (f) - Instow 30’ Highway: - .
(i) Cllr Harper reported on his activities with the Land Registry. (Noted)
(ii) The Clerk confirmed he had sent a copy of Cllr Harper’s paper on this issue to Ian Budge (Solicitor) for his perusal and advice. (Noted)
(iii) The Clerk reported upon a telephone conversation and subsequent confirmatory email (dd 15.3.10) he had had/received from Ian Budge (Solicitor) reference this matter; it was copied on to Cllr Harper (15.3.10). (Noted)
(iv) The Clerk then provided a copy for Cllrs at the meeting and read it to Council; it recommended that IB wrote to the Land Registry to establish informally if IPC could register title in this land on the evidence available and if not apply for a Caution against First Registration. IB stated there was no Land Registry fee for this and what IPC would actually be doing is alerting the Land Registry to the fact that it has a claim on the land even if IPC’s claim did not amount to a registerable interest. That way, if anyone else sought to register title to the land, the Parish Council would be notified by the Land Registry and would be given an opportunity to object or otherwise to any application for registration that had been submitted by a third party. (Noted)
(ii) Cllr Harper then addressed IPC at the conclusion of which Council RESOLVED to act as recommended by IB i.e. as at (iv) above. (Action: The Clerk)
(h) Item 2102/9 (h) –Instow Buses and Congestion: -
(i) The Clerk reported receipt of an email (dd 2.3.10) from DCC Local Services (Assistant Area Engineer) advising IPC that consultation had taken place with the bus companies as regards their initial proposals for (an additional) passing points (between Boathouse and the Sand Dunes Car Park entrance) on Marine Parade and that although no formal response had been received the initial feedback was positive. Unfortunately, however, DCC were not in a position to commit any funding for the construction of the scheme during the next financial year (2010/11) although it would undertake to complete the formal design, costing and bid for funding during that period. This would enable DCC to construct the scheme during 2011/2012 should the funding become available. (Noted)
(ii) IPC RESOLVED to accept DCC’s proposal/strategy but asked Cllr Cann (DCC) to keep an eye on it to ensure it was expedited asap. (Action: Cllr Cann)


(i) Item 2102/9 (k) – (i) IPC Meeting Dates 2009 and (ii) Carol Singing Event 2010: -
(i) The Clerk reported that the second Thursday in December (9th) was now available as a booking at the parish hall; after a discussion IPC RESOLVED to confirm this date as that of the December meeting and to cancel the 16th as already published; Clerk to amend public records as necessary. (Action: The Clerk) (ii) The Clerk also confirmed that the necessary booking had been made for the parish hall for the Carol Singing event (now moved to 12th December) but there was a slight snag in gaining early access (an overlapping booking) albeit a compromise was achievable. (Noted)
(j) Item 2101/10 (i) (f) – Draft Guidance for Water Controllers/Bathing Water Signage: -
(i) The Clerk reported that he did forward IPC’s thoughts (email of 19.2.10 refers) to Defra on the recently received “Draft Guidance for Water Controllers/Bathing Water Signage” and that he received the following comments (email dd 23.2.10 refers); “Thank you for sending your comments on the guidance document – it was very helpful. One or two adjustments to the text will be made in the light of feedback and we aim to send out the final version around the beginning of the bathing season. The Environment Agency (EA) has begun work on the profiles (due for completion March 2011). After that the EA will be in touch with you (beach controllers) to help prepare the general description for the sign. Defra will fund one sign at each bathing water that’s controlled by the Local Authority. You (Clerk) confirmed that IPC is the controller as defined in the Bathing Water Regulations 2008 for the part of the beach that you lease; does this definitely coincide with the area where the EA samples the water quality?” (Noted)
(ii) The Clerk advised IPC he had replied to the effect that as far as he was aware the EA took its water samples more or less in the vicinity of the beach “controlled” by IPC. (Noted)
(iii) The Clerk suggested he continued to liaise with the NDCCS who had agreed to coordinate all beach controllers within its patch so as to ensure standards and the fullest of cooperation. (Noted)
(iii) IPC RESOLVED to support this recommendation. (Action: The Clerk)
(k) Item 2102/9 (l) - NDC/TDC Core Strategy Plan Document: -
(i) The Clerk reported he had forwarded a letter (dd 28.2.10) to NDC Planning Policy Team following discussions with the chairman and the debate of IPC at the February meeting; copy of letter provided to Cllrs at the meeting. (Noted)
(ii) The Clerk reported receipt of a letter (dd 3.3.10) from NDC acknowledging receipt of letter as at (i) above; copy provided to Cllrs at the meeting. The Clerk highlighted mention therein of “acknowledgement of letter does not imply comments will subsequently be accepted” or that “they are duly made”. (Noted) (iii) The Clerk reported he had emailed ND Planning Policy (10.3.10) to seek an explanation for these two particular phrases and of the slapdash and patronising response he received as a consequence; the Clerk elaborated. (Noted)
(iv) The Clerk reported receipt of an email (dd 17.3.10) from NDC’s Sustainability Officer, Planning and Development Services acknowledging receipt of IPC’s letter and offering some form of explanation (albeit ambiguous) to a number of IPC’s comments; email copied to Cllrs at the meeting. (Noted)
2003/11 CORRESPONDENCE
(i) Items for discussion/resolution or noting
(a) Letter (dd 18.2.10) from NDC (Licensing Manager) reference “Policy on Street Collection Permits”: -
(i) The Clerk said this stated that the Executive had resolved to amend the policy in accordance with a new piece of legislation relevant to the area, namely the Provision of Service Regulations 2009. In addition the amendment was also sought to bring the policy closer to the Charities Act 2006 and in particular to those sections of the Act likely to cover street collections in the future. In the light of this policy change, the fact that NDC was not legally obliged to advise parish councils, the fact that few parish councils ever responded to consultation (or have few valid reasons to object) and time constraints/substantial increase in the workload, IPC was asked whether it still wished to be notified in future of street collection permits. (Noted)
(ii) The Clerk said he had provided Cllrs with a copy of the letter with their agenda papers (11.3.10). (Noted)
(iii) After a discussion IPC RESOLVED to ask NDC Licensing to continue to advise it of all “Street Collection Permit” applications. (Action: The Clerk)
(b) Letter (dd 22.2.10) and Officer reports from NDC (Licensing) reference “Pleasure Boat and Boatmen Licensing”: -
(i) The Clerk said this stated that although no licences were currently issued by NDC, the Council held the responsibility for licensing pleasure boats i.e. those boats let for hire or used for tourist trips and the boatmen who are in charge of navigating them. NDC was currently reviewing its pleasure boat and boatmen licensing procedures and in the light that Instow borders the Taw and Torridge Estuary NDC wished to draw IPC’s attention to the attached reports which had been examined by the Council’s Licensing Committee and were likely to be heard by the Council’s Executive on the 20th April 2010. If IPC wished to make a comment it should do so by the 15th March 2010. (Noted)
(ii) The Clerk told IPC that a copy of the letter and reports (Licensing Officer and Licensing Manager/Officer) had been passed to Cllr Harper (4.2.10) for review on behalf of IPC. (Noted)
(iii) The Clerk advised IPC that in light of the recommendation from Cllr Harper (dd 10.3.10) he had advised NDC of IPC’s views; the Clerk elaborated by referring to his email to/from NDC’s email (dd 12.3.10). (Noted)
(iv) IPC RESOLVED to ratify this course of action. (Noted)
(c) Letter (dd 23.2.10) from DCC (Assistant Area Engineer) reference “Highways Maintenance Surgery – Northam on Friday 12th March 2010”: -
(i) The Clerk said this stated that this was to be held between the hours of 10 am and 12 Noon at The Northam Hall, Fore Street, Northam EX39 1AY and that all parish councillors could visit at any time between these hours. This would be an opportunity for Cllrs to meet with highway maintenance and traffic staff to discuss future programmes of work, ongoing issues or any defects which they might like to brings to their attention. (Noted)
(ii) The Clerk said a copy of the letter had been forwarded to Cllrs with their agenda papers (11.3.10). (Noted)
(d) Letter (dd 24.2.10) from NDC (Assistant Director {Legal and Democratic} and Monitoring Officer) reference “North Devon Council Standards Committee – Ethical Standards Unit”: -
(i) The Clerk said this referred to a previous letter (dd 13.1.10) and in doing so thanked those parish councils who had responded to the questionnaire but expressing regret that it had had little response to NDC’s invitation for parish council representatives to participate in a focus group which was now likely to be held sometime towards the middle of March. Any volunteers were asked to contact the author of the letter or the Democratic Services Coordinator. (Noted)
(ii) The Clerk said a copy of the letter had been forwarded to Cllrs with their agenda papers (11.3.10). (Noted)
(e) Email (dd 25.2.10) from DCC (Communications and Corporate Communications Unit) reference “Exeter Unitary Update”: -
(i) The Clerk said this stated that a High Court Judge had (25.2.10) agreed to set aside time to hear the case against the governments handling of the decision to create a unitary authority in Exeter and Norwich; two days had been set aside for the rolled up hearing that will be heard on 26th and 27th April 2010. (Noted)
(ii) The Clerk said a copy of the email had been forwarded to Cllrs with their agenda papers (11.3.10). (Noted)
(iii) The Clerk reported receipt of an email (dd 5.3.10) from DCC (Chief Executive) reference “Unitary Update”; he said he had copied it to Cllrs with their agenda papers (11.3.10). (Noted)
(iv) The Clerk then drew IPC’s attention to an article in the DAPC Newsletter (March/April l2010) reference “Local Government Review in Devon”; he said he had copied it to Cllrs with their agenda papers (11.3.10). He said it stated that although theoretically parish and town councils were not directly affected by the proposal for unitary status in Exeter, the disruption of change and the ongoing costs were likely to have a knock-on effect on the rural part of the county. It might be useful therefore if parish and town councils thought through the priority services and assets for their communities as if principle authorities needed to make savings and plan to dispose of assets or reduce services, the local council would need to make what could be hard decisions to take on additional responsibilities, or not to do so. DAPC suggested that reviewing any existing parish or town community plan would be a good way to take stock of priorities and give the local council a sound base for such decision making.
(Noted)
(v) After a discussion IPC RESOLVED to note that it was currently going through the process of reviewing its parish plan and that it would take this suggestion of the DAPC into account at the same time. (Action: IPC)
(f) Letter (dd 26.2.10) from NDC reference “Street Collection Permit: Royal British Legion Poppy Appeal””: -
(i)The Clerk said this stated that said collection was to take place in the parish between Sunday 7th to Saturday 13th November 2010 between the hours of 8 am and 8 pm. (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)
(g) Email (dd 28.2.10) and attachment from Cllr Harper reference “Instow Parish Plan – Update Questionnaire Analysis”: -
(i) The Clerk said that a copy of this email and attachment had been forwarded to Cllrs with their agenda papers (11.3.10). (Noted)
(ii) After a discussion IPC RESOLVED to record all this information into a suitable format and following further discussion, distil it down to a document (containing achievable and realistic goals) that could be used as an addendum to the current parish plan. (Action: Cllr Harper/The Clerk)
(h) Email (dd 25.2.10) from Cllr Mrs Dipper reference “Risks for Kids on the Web”:
(i) Cllr Mrs Dipper recommended this website (namely www.thinkyouknow.co.uk) that was promoted by the Avon and Somerset Constabulary and was, in her view, of immense value to young children; she suggested it be placed as an article in the parish magazine. (Noted)
(iii) After a discussion IPC RESOLVED to support this recommendation.
(Action: Cllr Mrs Dipper)
(i) Letter (dd 16.3.10) and booklet from Environment Agency reference “Flood Plain Pack”: -
(i) The Clerk said this provided advice and guidance on “Minimising the Risk of Flooding” and Self Help Emergency Plans” (SHEP). (Noted)
(ii) The Clerk suggested that Cllr Harper review the contents of the booklet with a view to updating Instow’s SHEP if necessary and appropriate; IPC RESOLVED to support this recommendation. (Action: Cllr Harper)


(ii) Taw and Torridge Estuary Forum and associated Matters (Placed in “Briefing Folder” for information of Cllrs)
(a) Email (dd 18.2.10) and attachment from Ex Chairman of TTEF (via a parishioner) reference “Taw and Torridge Estuary Plan: Update Consultation Day”:-
States that this is to take place in Bideford on Monday 8th March 2010; copied (19.2.10) to Simon Brown (IPC’s TTEF Representative).
(b) Email (dd 9.3.10) from Chairman of AONB reference “Finding Sanctuary – Drop In Day at ND Yacht Club on 10.3.10 between 10 am and 8 pm”: -
Copied by email to all IPC Cllrs with email addresses.




(iii) Matters to note: (Placed in “Briefing Folder” for information of Cllrs)
a) DAPC Matters (Various): - (i) Email (dd 1.3.10) reference “New Local Council Seminar – Leamington Spa”; (ii) CCD “Village Green Magazine – Issue 119 (March 2010)” and “Poster – Community Led Planning Drop In Surgery: Cheriton Bishop on 19.3.10”; (iii) “DAPC Newsletter (March/April 2010”; (iv) Email (dd 4.3.10) reference “Training – Planning System”; (v) Email (d 4.3.10) reference “Volunteer Car Scheme – West Devon and Teignbridge”; (vi) Email (dd 10.34.10) reference “DIS 729”; copied to Cllrs with email addresses; (vii) Email (dd 15.3.10) reference “Questions for LCR Opinion”; (viii) Email (dd 16.3.10) reference “E-Bulletin – 12th March” and (ix) Email (dd 17.3.10) reference “NALC Networking Lunch Programme 2010”.
b) NDDC Members Services Weekly Information Sheet for w/e 19.2.10. 26.2.10, 5.3.10 and 12.3.10
c) Email (dd 22.2.10) from Nick Harvey MP to a parishioner and Clerk reference “IPC Meeting 18.2.10 – Offshore Wind Generation etc”.
d) Email (dd 23.2.10) from NDCCS reference “Who’s Who Form - Database”: -
Necessary information provided by Clerk.
e) (i) Minutes of NDC’s Standards Committee Meeting of Wednesday 24th February 2010 at 7 pm and (ii) Agenda of NDC’s Standards Committee Meeting of Wednesday 24th March 2010 at 7 pm and Minutes of NDC’s Standards Committee Meeting of Wednesday 24th February 2010 at 7 pm
f) Email (dd 25.2.10) from PCSO Meaker reference “Newsletter – February 2010”: -
Copied (25.2.10) to Cllrs with email addresses.
g) Email (dd 28.2.10) from DCC Footpath Warden reference “Footpath No 7 – Anstey Way to Tarka Trail passed Atturm”: -
States that a new gate has been fitted (Anstey Way end) and the surface has been improved by the laying of road planings; Clerk thanked warden for his input.
h) Email (dd 1.3.10) from a parishioner reference “Instow Parish Statistics”:-
Parishioner advised to contact the Civic Centre.
i) Email (dd 1.3.10) from a parishioner reference “Letters of Support for All Saints Project - Thanks”.
j) Children’s Hospice South West Spring-Summer Newsletter 2010 and enclosures including 2 Raffle Ticket Books (x 10 tickets)
k) Email (dd 27.2.10) from a parishioner reference (i) “Atturm Footpath”, (ii) Faulty Speed Sensor – Anstey Way” and (iii) “Tarka Trail –Tree Felling”: -
(i) Clerk noted thanks for work recently carried out on path’s surface (see also item (f) above).
(ii) Passed by Clerk to Cllr Cann (DCC) and
(iii) Parishioner advised this was planned work by NDCCS – email copied to Andy Bell (NDCCS) for his information.
l) Letter (dd 25.2.10) and poster from North Devon Hospice reference “Walk for Life – Sunday 28th March 2010”: -
Poster placed at post office notice board.
m) North Devon Direct Magazine (Issue 15 – Spring 2010).
n) Clerks and Councils Direct Magazine – Issue 68/March 2010.
o) Miscellaneous Playground Equipment Brochures.
p) (i) Email (dd 7.3.10) from Chairman of AONB reference “Instow Sand Dunes – Fire Sunday 7th March 2010”: -
Clerk advised police for their information.
(ii) Email (dd 8.3.10) from Chairman of AONB reference “Instow Sand Dunes – Fire Sunday 7th March 2010 – Update”.
(iii) Email (dd 8.3.10) from PC Hodgson reference “Instow Sand Dunes – Fire Sunday 7th March 2010 – Police Response”.
q) Letter from NDC/TDC reference “North Devon and Torridge Joint Core Strategy: Pre-publication Consultation”: -
Acknowledges letter from IPC reference item 2102/10 (i) (j).
r) Mole Valley Farmers Newsletter – March 2010 (No 550).
s) LCR Magazine – The Voice of Local Councils (Spring 2010 Edition).
t) Devon In Touch Monthly News Round-up (March 2010): -
Copy placed at post office for information of parishioners.
u) Email (dd 11.3.10) reference “National Family Week – 31st May – 6th June 2010”.
v) Letter (dd 10.3.10) from North Devon Hospice reference “Nighwalk – Posters”: -
Poster placed at parish hall and post office.
w) Devon talk Magazine (Spring 2010).
x) Email (dd 9.3.10) from Cllr Mrs Dipper reference (i) “Pothole – New Road, Instow” and (ii) “Faulty Speed Sign – Anstey Way”: -
Passed to Cllr Cann (DCC) for attention; acknowledged by DCC Highways.
(y) Email (dd 12.3.10) from a parishioner reference “Google Maps: Street View”: -
Copied to Cllrs with email addresses.
z) RD and Express Magazine – March 2010.
aa) Letter (received 15.3.10) from Energy Saving Trust reference “Join Green Communities Today”.
bb) Email (dd 16.3.10) from NDC’s Housing Register Officer reference “Devon Homes Choice Newsletter 17th March 2010”: -
Copy placed at post office for parishioners.
cc) Glasdon Catalogues (various) - Products for Local Councils

2003/12 FINANCE
1. INCOME: -
DCC P3 Footpath Maintenance 2010/11 £400.00
TOTAL: - £400.00
2 EXPENDITURE: -
Mr M Harris Village Handyman £ 245.99@
Mr R Jacob Clerk’s Remuneration £1080.00
Mr R Jacob Clerk’s Expenses £ 461.45
Inland Revenue Re: R Jacob £ 270.00
Mr G May Tractor Garage Rental (Jan – Mar ‘10) £ 112.80*
Two Rivers Wind Ensemble Parish Carol Singing 2009 £ 40.00+
TOTAL: - £2210.24
Key: -
@ Includes £117.99 (£100 labour and £17.99 Paint – VAT recoverable on paint) for painting x4 bus shelters (as agreed vide 2904/10 (5) (m) (iii)). NB: - 3 bus shelters still to be painted.
* £16.80 VAT recoverable.
+ Original cheque, authorised 12/09, misplaced by recipient – cancelled with the bank.
3. BANK – STATEMENT OF ACCOUNTS: -
Lloyds Bank Treasurers a/c no. 02348842 as @ 26.2.10 (Statement) = £ 40.40*
Lloyds Bank Business a/c no. 02350065 as @ 11.12.09 (Statement) = £19,031.70+
Key:
* According to Clerk’s records this is 40p (1 cheque to the total value of £40.00 uncashed)
+ According to Clerk’s records this is £16,899.15
4. RESOLUTION REQUIRED: -
IPC RESOLVED to transfer £2210.00 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 (February 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 confirmed that the Stamp Duty Land Tax Return Form had been signed by Cllr Crombie and himself and returned to Mr Ian Budge (IB) (Solicitor). (Noted)
(ii) The Clerk referred to a telephone conversation he had had with IB (12.3.10) and in which he had been advised that the CE’s Solicitors had made a couple of amendments to the lease (to correct typographical errors) and that once it had been received it would need to be signed again by Cllr Crombie and the Clerk. (Noted)
(c) MOD Beach Lease – 2010 - 2034: -
The Clerk told IPC that it would receive a copy of this from IB as and when the CE lease was finalised. (Noted)



(d) IPC’s Draft Budget 2010/2011: -
(i) The Clerk reported that now that NDC had confirmed it was to grant IPC a licence to run the Quay Car Park for the 2010 summer season it ought to consider adopting its draft budget 2010/2011. (Noted)
(ii) After a discussion IPC RESOLVED to adopt the draft budget as written – copy attached for information marked as appendix “A”. (Noted)
(e) Handyperson and Beach Cleaner – Terms and Conditions and Salary Scale 2010/2011: -
The Clerk reported that now the budget for the fiscal year 2010/2011 had been approved he could correspond with the Handyperson and Beach Cleaner and confirm their terms and conditions and salary scale for the year 2010/2011.(Action: The Clerk)
(f) Donation/Grant to IPC – Local Business: -
(i) The Clerk referred to an email (dd 4.3.09) from Johns of Instow Ltd that he read to Council and provided Cllrs with a copy for their information. (Noted)
(ii) The Clerk reminded Cllrs that previous advice from DAPC was that such a donation was appropriate but that it had to be earmarked for specific project(s) and that it should not be relied upon from a budgetary point of view. (Noted)
(iii) A discussion then ensued at the conclusion of which IPC RESOLVED to accept the offer in principle and the Clerk was asked to convey this message to Johns of Instow with a view to taking the matter forward asap. (Action: The Clerk)
(g) Email (dd 29.10.09) and attachments from “Came and Company Parish Council Insurance - Aviva” reference “Quotation”: -
The Clerk told IPC that both he and Cllrs Crombie/Johns still had to meet up and discuss this matter and that he would ensure the meeting now took place as a matter of some urgency in view of the fact IPC’s current insurers would be seeking renewal very soon. (Action: Cllrs Crombie/Johns & The Clerk)
(h) EDF Energy - “Pricing Structure Changes”: -
The Clerk confirmed that the relevant correspondence had now been received (by email – 22.2.10) and would be filed for future information. (Noted)
(i) Email (dd 22.2.10) from Treasurer of Instow Parish Hall Committee – IPC’s Peppercorn Rent 2009/10”: -
The Clerk confirmed that this had been paid by cash (Clerk’s expenses). (Noted)
(j) Handyperson’s Public Liability Insurance 2010/11: -
The Clerk advised IPC he had received a copy that had been filed for reference purposes; beach cleaner’s still awaited. (Noted)
(k) HM Revenue and Customs Employers Bulletin (February 10 Issue 34) and attachments (various): -
The Clerk said this would be filed for future reference. (Noted)
(l) Letter (dd 4.3.10) from NDDC (Estates) reference “Marine Car Park, Instow – Summer Let”: -
(i) The Clerk said this reminded IPC that its licence for the above was due to expire on 31.3.10 and that it was able to offer IPC a new licence to run from 1.4.10 to 31.3.11 on the same terms and conditions as before with a revised licence fee of £2049.00 with part payment + VAT i.e. Business Rates of £1452.00 (No Vat) and £597 Rent (VAT at 17.5% = £104.48) = Total £2,153.48. (Noted)
(ii) The Clerk advised IPC that for the previous year this had been £1,735.72; an increase, therefore, of £417.76. (Noted)
(ii) The Clerk told IPC he had accepted the offer (5.3.10) and returned the necessary paperwork. (Noted)
(iii) IPC RESOLVED to ratify this decision. (Noted)
(m) Letter (dd 9.3.10) from Audit Commission reference “IPC – Appointment of External Auditor”: -
The Clerk said this confirmed the appointment of Wayne Rickard as IPC’s External Auditor for the periods 2009/10 and 2011/12 and attached a list of its officers that had been appointed to a panel and who would act as IPC’s EA if in the unlikely event Wayne Rickard was unable to continue with the appointment. (Noted)
(n) Tractor Tax Disc Application – From 1st April 2010: -
(i) The Clerk advised IPC he had received the relevant paperwork from DVLA (15.3.10) and by way of the internet (email dd 15.3.10 refers) ordered the tax disc from 1.4.10. (Noted)
(ii) The Clerk report that the tax disc had now been received (17.3.10) and had been handed to Cllr Cook. (Noted)

2003/13 PLANNING
a) Removal of condition 3 (holiday occupancy restriction) attached to planning permission 48412 at Seafield, Sandhills, Instow (Reference No 49658) – see also item 2002`12 (a): -
(i) The Clerk reported he had spoken to the Planning Dept (19.2.10) and ascertained that the current chalet owners had been granted a “certificate” back in the 80’s to use their building for “recreational” purposes for 365 days each year irrespective of who was in residence; it could, in fact, be one person/family continuously for example. Because the applicant had applied to demolish Seafield and rebuild it, NDC Planning felt that because of current planning policy (that had presumably come into force since the 80’s) this enabled it to make a condition entitling only a maximum of 28 day per annum rule per person/family. (Noted)
(ii) The Clerk reminded IPC he had forwarded an email (19.2.10) to all Cllrs with email addresses (Cllrs White/Thomas to advise Cllr Cook) setting out the information as at (i) above. (Noted)
(iii) The Clerk reported receipt of emails (various) from Cllrs as a consequence of which he advised NDC Planning (email of 22.2.10 refers) that IPC was “somewhat split on this application in that most Cllrs felt that the applicant was being severely disadvantaged (some might say discriminated against) by going to the trouble (and personal expense) of demolishing his chalet and rebuilding it to a better specification and in doing so was to lose his current ability to have “recreational” use of the chalet 365 days of the year. Whilst Cllrs appreciated that planning laws and regulations do change from time to time (and there was a genuine need to do so) and must be adhered to, there should be some flexibility and scope for a more liberal interpretation on occasions such as this. This applicant, it would seem, was going to have to suffer the serious and disadvantageous consequences of improving the environment, neighbourhood and landscape (at great expense to himself) and yet suffer the upshot of being severely restricted on the hitherto virtually unhindered use of his property whilst his neighbours continued to enjoy unrestricted use of their chalets for 365 days of the year. In summary, IPC recommends that if there is any flexibility in the manner by which the current planning laws/regulations can be considered then they should be so; if not then so be it”. (Noted) (iv) IPC RESOLVED to ratify this decision (i.e. as at (iii) above). (Noted)
b) Conversion of former Care Home to form 12 apartments at sand Residential Home, 4-5 Bath Terrace, Marine Parade, Instow (Reference No 49762) – see also item 2002/12 (e) and (f): -
(i) The Clerk reported he had received the papers back from IPC’s PSC (1.3.10) and that in view of the fact the various recommendations were inconclusive he had spoken to the NDC’s Planning Case Officer, Mr K Bines, who had agreed to come to IPC’s meeting of 18.3.10 to answer questions; he said the offer was accepted – see item 2003/6. (Noted)
(ii) The Clerk further advised IPC that in view of this he had circulated an email to Cllrs (5.3.10) advising them of the arrangement and asking for any questions/queries to be passed to him asap so that Mr Bines could be advised accordingly and thereby be prepared. He said he had reminded Cllrs of a necessity not to indicate any sign(s) of predetermination (i.e. mind made up in advance) or predisposition (i.e. a preference or fondness) of the application during the Planning Officer’s presentation/question session at the meeting. (Noted)
(iii) The Clerk then referred to an email (dd 26.2.10) from Charlotte Luckett (Chartered Planning and Development Surveyor – Bideford), who was acting for the applicant, requesting she attend IPC’s meeting of 18.3.10 and speak to Council. The Clerk told IPC that in view of impartiality this request had been agreed to. (Noted)
(iv) The Clerk reminded Cllrs he had forwarded a file of relevant papers, reference this application (and (c) below), to them with their agenda papers (11.3.10). (Noted)
(v) A discussion then ensued at the conclusion of which IPC RESOLVED to recommend APPROVAL of this application (and 49773 below – item (c)) although it did have reservations as regards the adequacy of 12 parking spaces (i.e. one per flat). IPC was of the belief that this was insufficient and that flat owners/occupiers and their visitors would also be using street parking within the immediate vicinity to the detriment of visitors to the area and local residents. IPC also hoped that the full quota of affordable units would be included in the final development (i.e. up to 50%) or that the equivalent money would be set aside by the owners/developers for such a purpose within the Instow community. Instow Parish Council also asks that Cllr B Moores (Instow NDC's Ward Member) call these applications in for final consideration by NDC's Planning Committee; IPC would also appreciate being kept in the picture as said applications develops up to an including the Planning decision stage.
(Action: The Clerk & Cllr Moores)
c) 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) - see also item 2002/12 (e) and (f) : -
See item (b) above. (Noted)
d) Copy letter (dd 15.2.10) from NDC Planning to Woodward Smith reference “Town and Country Planning (General Development Procedure) Order 1995 Article 21 - Discharge of Conditions(s): Approval of detail in respect of discharge of conditions (3) (Material), (4) (Landscaping) and (6) (surface Water Disposal) attached to Planning Permission 48329 at Loventor, Kiln Close Lane, Instow: -
(i) The Clerk said this stated that on drawing number B428 08 20B, received by the Local Planning Authority on 27.1.10, provided they are implemented as shown, hereby discharge the requirements of conditions (3) (Material), (4) (Landscaping) and (6) (surface Water Disposal) attached to Planning Permission 48329. It further points out that if this development involves any building or engineering works it is the applicant’s responsibility to ensure that any other necessary consent under the Building Regulations are also obtained before work commences. (Noted)
e) Structural safety works and alterations to chimney at Old Brew House, Bridge Lane, Instow (Reference No 49780): -
(i) The Clerk reported receipt (dd 20.2.10) of this application and of having passed it to the Chairman for the attention of IPC’s PSC; for response by 10.3.10. (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 that IPC’s PSC had RESOLVED to recommend approval of this application (and (g) below - 11.3.10) and that as a result he had told NDC Planning (12.3.10) with apologies for a late response. (Noted)
(iv) IPC RESOLVED to ratify this decision. (Noted)
f) Listed building application for structural safety works and alterations to chimney at Old Brew House, Bridge Lane, Instow (Reference No 49832): -
(i) The Clerk report receipt (dd 20.2.10) of this application and of having passed it to the Chairman for the attention of IPC’s PSC; for response by 10.3.10. (Noted)
(ii) The Clerk confirmed that an entry had been placed on the Instow website for the information of parishioners. (Noted)
(iii) For decision see item (e) (iii) and (iv) above. (Noted)
g) Letter (received 28.2.10) from NDC reference “Replacement pitched roof to rear at Clare Cottage, Bridge Lane, Instow (Reference No 49597): -
The Clerk said this stated that NDC Planning had GRANTED planning permission for this application with conditions as listed. (Noted)
h) Letter (dd 19.2.10) from TDC reference “Installation of cast bronze bell on the seaward side of the sloping sea wall at Churchfield Car Park, Appledore (Reference No 1/1235/2009/FUL): -
The Clerk said this stated that this application had been GRANTED. (Noted)
i) (a) Email (dd 3.3.10) from Chairperson of AONB reference “TTEF – Knapp House Application”: -
The Clerk said this stated that the AONB had been advised that this application had been WITHDRAWN. (Noted)
(b) The Clerk reported receipt of a letter (dd 3.3.10) from TDC reference “Knapp House Application i.e. mixed use development comprising marina, hotel, medical centre, food store, community hall, retail units/café, care house/dementia unit, offices, up to 450 dwellings, play area, open space and ancillary infrastructure at land at Knapp House, Churchill Way, Northam, Bideford, Devon EX39 1NT” stating that this application had been WITHDRAWN. (Noted)
j) Letter (received 6.3.10) from NDC reference “Erection of boiler house at The Meadows, Anstey Way, Instow (Reference No 49645): -
The Clerk said this stated that NDC Planning had GRANTED planning permission for the application with conditions as listed. (Noted)
k) Letter (received 6.3.10) from NDC reference “Extension of time limit for implementation of planning permission 38931 – Enclosure of first floor balcony at The Boathouse, Marine Parade, Instow (Reference No 49405): -
The Clerk said this stated that NDC Planning had GRANTED planning permission for the application with conditions as listed. (Noted)
l) Extension and alterations to dwelling together with rebuilding of partially collapsed gable wall at Sea View Cottage, Marine Parade, Instow (Reference No 49928): -
(i) The Clerk reported receipt (dd 13.3.10) of this application and of having passed it to the Chairman for the attention of IPC’s PSC; for response by 1.4.10. (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 IPC’s PSC, IPC RESOLVED to recommend APPROVAL of this application. (Action: The Clerk)
m) Listed building application for extension and alterations to dwelling together with rebuilding of partially collapsed gable wall at Sea View Cottage, Marine Parade, Instow (Reference No 49972): -
(i) The Clerk reported receipt (dd 13.3.10) of this application and of having passed it to the Chairman for the attention of IPC’s PSC; for response by 1.4.10. (Noted)
(ii) The Clerk confirmed that an entry had been placed on the Instow website for the information of parishioners. (Noted)
(iii) For decision see item (l) (iii) above. (Noted)
n) Erection of one agricultural building at Highfield, Orchard Farm, Instow (Reference No 49881): -
(i) The Clerk reported receipt (dd 15.3.10) of this application and of having passed it to the Chairman for the attention of IPC’s PSC; for response by 2.4.10. (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 IPC’s PSC, IPC RESOLVED to recommend APPROVAL of this application. (Action: The Clerk)

2003/14 ANY OTHER BUSINESS
a) Instow Beach Clean: -
Cllr Harper told IPC there was to be a beach clean commencing at 2 pm on Saturday 20th March. (Noted)
b) Instow In Bloom Event – September 2010: -
Cllr Harper said there was to be an IIB Event sometime in September and that it was hoped IPC might participate in some way. (Noted)
c) Doggy Bin – Commodore Slipway: -
Cllr Cook said he had received a complaint from a fisherman who sold his fish from this slipway in that said doggy bin was in close proximity to the point of sale. IPC RESOLVED to enquire of NDC Environmental Health Dept to see if this issue could be amicably resolved. (Action: The Clerk)

There being no other business the meeting was closed.

 

 

Instow