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MINUTES OF THE SEPTEMBER 2012 MEETING OF INSTOW PARISH COUNCIL


HELD AT INSTOW PARISH HALL ON
THURSDAY 13th SEPTEMBER 2012 AT 7.30 PM

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


Present: - Councillors N Crombie, M Green, C Harper, A Johns, B Moores, E Renshaw, B Thomas and Mr R Jacob (Parish Clerk).
In the absence of the Chairman, Cllr White, Cllr B Moores (Vice Chairman) took the Chair.

In Attendance: Cllr R Cann (DCC) and Cllr B Moores (NDC); there were no parishioners present.

PRAYER Prior to the commencement of the meeting the Clerk led Council in Prayer; it was stressed that to participate was purely optional. All persons present remained.

2209/1 OPENING OF THE MEETING
The meeting was declared open by the Clerk

2209/2 APOLOGIES
Cllrs P Cook and S White (Chairman)

2209/3 COUNCILLOR DECLARATION OF INTERESTS
Item 2209/6 (e) – Residents Parking; Cllr Moores declared a personal interest. Noted)

2209/4 PARISHIONERS
In the event there were no parishioners present, no issues were raised. (Noted)

2209/5 POLICE REPORT
a) Crime: -
PCSO Meaker reported that three crimes had been reported in the parish since the last meeting, namely, theft of a fibreglass dinghy from the beach, theft of property (various) from a boat/vandalised fuel tank and criminal damage to a vehicle (tyre damaged and bodywork scratched). (Noted)
b) Other Matters: -
PCSO Meaker said no incident logs had been created in the parish since the last meeting. (Noted)
e) “Rave Party at Picnic Site, Tarka Trail” (Item 2209/10 (i) (m)): -
PCSO Meaker confirmed that police would continue to monitor this site to ensure no reoccurrence. (Noted)

2209/6 REPORT COUNTY COUNCILLOR R CANN
a) General: -
Cllr Cann spoke of “Recycling Rate Increases in North Devon” (47% of household waste now recycled as opposed to 44% in 2011), “Tap Fund” (spoke of a meeting at Offices of Fremington Parish Council on 1st September – see later item 2209/11 (5) (d) (ii)), “Atlantic Array Offshore Work Timetable” (the cable route will take 2½ years to build; substation could take up to 11 years to be built dependant upon number of phases), “Deep Moor Waste to Energy Generation” (in 2011, 14,500.000kw of electricity was generated; this is the equivalent to meeting the electricity needs of about 4,000 homes), “Fremington Army Camp Update” (see later item 2209/12 (n)), “Sandhills Premises – Accumulation of Waste/Food Safety” (several visits made by NDC’s EH Dept. but said premises were always closed), “Instow Bus Service” (Stagecoach are increasing the 21 and 21A to operate every 10 minutes – see item 2209/10 (i) (c)) and “Marine Parade – Resurfacing” (DCC has identified this carriageway as one of the schemes to be funded from a reserve fund of £5M – the road will be structurally patched this current financial year and next year will receive a surface treatment, either micro asphalt or surface dressing. This 2 phase approach will enable the patching to mature to a stage where it is suitable to receive a surface dressing). (Noted)
b) Missing Sign Post at Huish Moor: -
Cllr Harper said this had not been attended to since he raised it many months ago; Cllr Cann agreed to look into it. (Action: Cllr Cann)
c) Parking Restriction – Bottom of New Road: -
In response to a question from Cllr Renshaw, Cllr Cann said that this order had elapsed and would need to be re-advertised adding he was not aware this to be a current intention of DCC. (Noted)
d) Proposed Development at Lower Yelland Farm (see item 2209/10 (i) (h)): -
In answer to a question from Cllr Crombie, Cllr Cann said that as far as he was aware this was only as proposal at this stage. (Noted)
e) Instow – Residents Parking: -
(i) In answer to a question from the floor as regards the current state of affairs of this initiative, Cllr Cann said that only a relatively small number of residents had expressed an interest and he was, therefore, unsure whether the majority of parishioners supported the scheme but had just not come forward to say so or they were not in favour and had chosen not to express a view. (Noted)
(ii) A general discussion then ensued, led by the Chairman, at the conclusion of which Cllr Cann agreed to again confer with DCC Highways and seek out its views but in doing so said that in his view, unless the majority of the parish were in favour of this initiative, it would not be imposed. (Action: Cllr Cann)
2209/7 REPORT OF DISTRICT COUNCILLOR B MOORES
Cllr Moores said he had nothing to report. (Noted)

2209/8 MINUTES
It was RESOLVED that the July 2012 minutes of Instow Parish Council be approved and signed. (Noted)

2209/9 MATTERS ARISING FROM THE MINUTES
a) Item 2207/4 – Complaint against Instow Parish Council: -
(i) The Clerk reported he had forwarded a letter (dd 23.7.12) to the complainant (formally acknowledging her complaint(s)) and invited her to forward written details of said complaint(s) to IPC together with any supporting evidence. The Clerk also confirmed he had invited the complainant to select those Cllrs she would be content to meet and talk to with the expressed intention of promptly resolving the current impasse in an informal way. The Clerk said the content of this letter had been supported by a majority of Cllrs prior to being sent – a copy of said letter was provided to Cllrs at the meeting. Cllrs unanimously RESOLVED to ratify the action taken. (Noted)
(ii) The Clerk reported receipt of a letter (dd 6.8.12) from the complainant that he had forwarded to Cllrs for their information. (Noted)
(iii) The Clerk reported that as a consequence, and following “legal” advice and liaison with all IPC’s Cllrs, he had forwarded a further letter (dd 17.8.12) to the complainant together with copies of the “Beach Cleaners Terms of Agreement”, “IPC’s Standing Orders/Code of Conduct” and “IPC’s Accounts – 2011/12”; these documents had been requested by the complainant under the Freedom of Information Act (FOI). The Clerk said the content of this letter had been supported by a majority of Cllrs prior to being sent – a copy of said letter was provided to Cllrs at the meeting. Cllrs unanimously RESOLVED to ratify the action taken. (Noted)
(iv) The Clerk reported receipt of a further letter (dd 2.9.12) from the complainant requesting copies (by way of the FOI) of IPC’s “Equal Opportunities Policy”, “Original Notice to invite Tenders for the Beach Clean”, “Original Tenders from Interested Parties”, “Financial Regulations – Tenders”, “Details of where these Notices were Advertised”, “Daily Time Sheets for Financial Year 2011/12”, “This Years’ Time Sheets to the end of August” and “Monitoring Report or Validation Statement”.(Noted)
(v) The Clerk advised IPC he had, as a consequence, conferred with the Vice Chairman, Cllr Moores and between them they had sought “legal” advice as how to proceed with this matter. (Noted)
(vi) The Clerk then reported that as a result of “legal” guidance a letter (dd 11.9.12) was forwarded (hand delivered by Vice Chairman - 11th Sept) to the complainant together with the documents requested by her under the FOI Act (or if not, an explanation was tendered). The Clerk added that in this letter the complainant was advised that IPC now considered her “long standing” complaint(s) closed and that it did not intend to discuss the matter at any further council meetings or enter into any further correspondence. The Clerk said the content of this letter had been supported by a majority of Cllrs prior to being sent – a copy of said letter was provided to Cllrs at the meeting. Cllrs unanimously RESOLVED to ratify the action taken. (Noted)
b) Item 2207/9 (b) – “IPC’s Self Help Emergency Plan (SHEP) Update”: -
(i) Cllr Renshaw reported upon a proforma he had prepared for circulation to all parishioners in a forthcoming parish magazine; he elaborated upon the content of the form. (Noted)
(ii) Following a discussion it was RESOLVED that Cllr Renshaw would liaise with the Clerk as regards the number of forms required, the manner of their insertion in a forthcoming parish magazine and of their collation at Johns’ prior to analysis and final updating of the current IPC’s SHEP. (Action: Cllr Renshaw/The Clerk)
(iii) IPC also RESOLVED to set up a Sub Committee, comprising of Cllrs Harper and Renshaw together with a parishioner who had “work” experience in Emergency Planning, namely Mr Andy Dipper. (Noted)
c) Item 2207/9 (c) – New Code of Conduct/Registerable Interests: -
(i) The Clerk reported he had forwarded (with an accompanying letter - dd 26.7.12) the original copies of all IPC Cllrs “Registerable Interest” forms to NDC’s Monitoring Officer who had subsequently acknowledged their receipt by email. The Clerk confirmed he had retained a copy of each for record purposes. (Noted)
(ii) The Clerk advised IPC he had facilitated an entry on the Instow Website (www.instow.net) drawing attention to the fact that full details of all IPC Cllrs “Registerable Interest” forms could be found on NDC’s website. (Noted)
(iii) The Clerk reminded Cllrs he had forwarded to them, by email, details of NDC’s training opportunities for the “New Code of Conduct” with a request that if any Cllr attended he be advised; no Cllrs had been able to attend. (Noted)
(iv) The Clerk advised IPC that NDC was going to arrange further training over the next month or so but that he had been told it would not be suitable to include said training before a parish council meeting on the basis it would take approx. 1 ½ hours to deliver. (Noted) (v) A discussion then ensued during the course of which it was RESOLVED that to attend such training should be a priority and the Clerk was asked to determine the available dates asap. (Action: The Clerk)
d) Item 2207/10 (i) (i) - IPC’s Complaints Procedure/Review: -
(i) The Clerk confirmed he had forwarded (email dd 20.7.12) a copy of IPC’s current “Complaints Procedure” to all Cllrs to assist with a review. (Noted)
(ii) The Clerk suggested that it could be deemed a little premature for a review at this moment in time and that it might be best if the current complaint against IPC (as at item (a) above) was resolved first so that any lesson learnt could be included. (Noted) (iii) After a discussion IPC RESOLVED to adopt the approach as recommended by the Clerk as at (ii) above. (Noted)
e) Item 2207/13 (a) – Dogs on the Beach: -
(i) The Clerk reacquainted Cllrs with the details of an email (dd 25.5.10) that had been discussed at an earlier meeting from NDC’s Environmental Health Dept. that set out the perceived difficulties in setting up a “Dog Ban” on the beach, namely, cost (legal, budget provision, consultations, dog warden etc.), perception of marginal improvement, ownership boundaries of beach/dunes and “policing” of the ban should IPC decide go it alone. (Noted)
(ii) The Clerk reported he had made an enquiry of Combe Martin PC (email dd 20.7.12) refers) and had received the following reply: -
“There was a lot of objection to the dog order permitting dogs on leads on part of the beach, so Council decided in the end to leave things as they were....” (Noted)
(iii) The Clerk confirmed he had advised the police (email dd 20.7.12 refers) of alleged incidents of dogs not being kept under control on the beach and they have asked to be informed directly of any such incidents, together with evidence, and on which they will investigate. (Noted)
(iv) The Clerk said a similar response had been received from NDC who had little or no record of complaints regarding owners of dogs not picking up after their dogs on Instow beach albeit there appeared considerable local anecdotal evidence to the contrary. (Noted)
(v) The Clerk told IPC he had also made enquires of Torridge District Council who currently had a dog ban in operation on Westward Ho! Beach; this was “policed” by their lifeguards and burrow wardens. (Noted)
(vi) The Clerk advised IPC that it was believed TDC was currently consulting on invoking further powers under the Clean Neighbourhood and Environment Act (as regards the control of dogs) albeit it was receiving considerable resistance from the community and interested “environmental” groups. (Noted)
(vii) Cllr Moores then advised IPC of a recent NDC/PC initiative at Combe Martin to encourage better dog ownership; he wondered whether an initiative of this nature could be introduce at Instow – the Clerk said IPC possessed handouts that could be used in such circumstances. (Noted)
(viii) A discussion then ensued during which the Clerk suggested that an informal meeting be arranged with the Head of NDC’s Environmental Services that possibly involving DCE adding it would be most useful if this emotive issue could be seen as a joint enterprise between the various beach owners at Instow. IPC RESOLVED to support this suggestion – Cllrs Moores, Harper and Green to attend the meeting and represent IPC with possibly Cllr Cann if available. It was agreed that Instow beach had ceased to be a “family friendly” beach. (Action: The Clerk)
(ix) Cllr Cann said that NDC was aware that pressure was building as regards public opinion in regard to the “control/cleanliness of dogs” and that there was a need to review current resources and legislation. (Noted)
(x) The Clerk reported receipt of an email (dd 21.8.12) from a visitor to Instow reference “Dogs”; the Clerk elaborated. (Noted)
f) Item 2207/13 (f) - Green Bin Collection/Congestion Rectory Close/Lane: -
(i) The Clerk advised IPC that Cllr Thomas had taken “direct” action within the neighbourhood to avoid re-occurrences of congestion in the future; Cllr Thomas elaborated on the proactive action he had taken that IPC unanimously RESOLVED to support. (Noted)
(ii) The Clerk told IPC he had notified the police (email dd 20.7.12 refers) and they had asked to be notified directly of any re-occurrence on which they will act immediately. The Clerk added that the police had expressed concern at the inaccessibility of Rectory Close is an emergency such as for a fire engine. (Noted)
g) Item 2207/13 (h) - Licenses Premises – Consumption of Alcohol off Premises: -
(i) The Clerk reported that as a result of enquiries made by Cllr Cann (on behalf of IPC) it had been established that the following conditions applied to licensed premises in Instow: -
• Instow Arms - licensed for the sale by retail for consumption ON the premises only.
• Boathouse - licensed for the sale by retail for consumption ON the premises only.
• Wayfarer Inn - licensed for ON and OFF sales. Condition cites: Sales for consumption OFF the premises shall be in sealed containers.
• The Bar - Licensed for ON and OFF sales. Relevant Conditions: Condition 9: The times permitted do not prohibit or restrict, during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel.
Condition 13 - There shall be regular collection of empty glass and bottles from both inside and outside the premises.
Annexe 3 Conditions attached after a hearing. Condition 1 - All drinks sold for consumption off the premises shall be in either sealed containers or decanted into plastic vessels.
• Johns’ of Instow - Licensed for OFF sales only. The sale of alcohol shall not be in an open container or be consumed in the licensed premises. (Noted)
(ii) The Clerk report that as a consequence of anecdotal (North Devon Gazette etc.) and specific evidence (local sources) as regards alleged general breaches of “consumption of alcohol off the premises” in Instow he contacted, with Cllr support, NDC’s Licensing Manager (email dd 5.8.12 refers) and asked for some proactive attention to be paid in the village. (Noted)
(iii) The Clerk reported receipt of an email (dd 13.8.12) from NDC’s Licensing advising that one of its enforcement officers had visited Instow on Friday 10th August with the following feedback: - “All premises were found to be adhering to their licence conditions. In particular patrons sat across the road from The Bar, having purchased drinks from the premises, were all seen drinking from plastic vessels. The officer attending noted that on the small, semi-circular serving bar, situated in the centre of the serving area, there was a prominent sign, requesting patrons to ask for plastic glasses if they wished to take drinks across the road”. (Noted)
(iv) The Clerk confirmed he had thanked NDC Licensing adding he hoped its enforcement officers would continue to check throughout the remaining summer months. (Noted)

2209/10 CORRESPONDENCE
(i) Matters for discussion/resolution or noting: -
a) “Bathing Water Quality Issues”: -
(i) Email (dd 2.8.12) from the EA reference “Bathing Water Update - 2nd August 2012”: -
The Clerk stated that Instow’s water quality attained a “Pass Mandatory” on the 20th July 2012 and a “Pass Guideline” on the 26th July 2012; email copied to Cllrs with email addresses. (Noted)
(ii) Email (dd 7.8.12) from Defra reference “Bathing Water Newsletter – August 2012”: -
The Clerk confirmed he had copied this to Cllrs with email addresses. (Noted)
(iii) Email (dd 8.8.12) from the EA reference “Bathing Water Update – 8th August 2012”: -
The Clerk stated that Instow’s water quality attained a “Pass Mandatory” on the 3rd August 2012; email copied to Cllrs with email addresses. (Noted)
(iv) Email (dd 10.8.12) from EA reference “Market Research – Impact on “At Risk” Bathing Waters”: -
(a) The Clerk said this stated that the EA are to commission market research in order to measure the impact on visitor numbers if bathing waters, currently “at risk” such as Instow, were to fail the new European Directive; this would most probably take place at the forthcoming August bank holiday period - email copied to Cllrs with email addresses (10.8.12) for their information. (Noted) (b) Email (dd 13.8.12) from EA reference “Market Research”; the Clerk elaborated as necessary. (Noted)
(c) Email (dd 17.8.12) from MORI (Research Agency) reference “Bathing Water Research”; the Clerk said he had copied this to Cllrs with email addresses (17.8.12) – a discussion ensued. (Noted)
(v) Email (dd 16.8.12) from the EA reference “Bathing Water Update – 16th August 2012”: -
The Clerk said this stated that Instow’s water quality attained a “Pass Guideline” on the 9th August 2012; email copied to Cllrs with email addresses. (Noted)
(vi) Email (dd 21.8.12) and attachments from Clerk to Ilfracombe Town Council (ITC) reference “IPC De-designation Application 2011”: -
The Clerk explained that ITC are considering applying for the de-designation of one of their beaches and wished to learn from IPC’s experiences in 2011; the Clerk elaborated as necessary. (Noted)
(vii) Email (dd 19.8.12) from Cllr Cann reference “Taw River Improvement Project - North Devon's Biosphere Reserve Partnership”: -
(i) The Clerk stated that a £1.8M grant had been obtained for the Taw River Improvement Project (TRIP) that complimented a previous grant of £4M for a similar project along the Torridge – to commence this coming autumn and run for three years. This funding would support land managers and farmers in the Taw/Torridge Catchment to improve the quality of the rivers Taw/Torridge specifically by reducing nutrient inputs and improving habitats. The improved functioning of the river system would result in better water quality on the coast (a top priority for our tourism industry), reduced flooding, better carbon storage, better biodiversity and a better experience for our residents and visitors. (Noted)
(ii) Cllr Cann elaborated and in doing said that a similar imitative at Combe Martin had brought about an improvement in water quality. (Noted)
(iii) The Clerk said he had copied this email to Cllrs with email addresses, initially in confidence, in view of the fact the project had, at that time, to be officially announced – a discussion ensued. (Noted)
(viii) Email (dd 23.8.12) from the EA reference “Bathing Water Update – 23rd August 2012”:-
The Clerk said this stated that Instow’s water quality attained a “Pass Mandatory” on the 15th August 2012; email copied to Cllrs with email addresses. (Noted)
(ix) Email (dd 30.8.12) from the EA reference “Bathing Water Update – 30th August 2012”: -
The Clerk said this stated that Instow’s water quality attained a “Pass Guideline” on the 23rd August 2012; email copied to Cllrs with email addresses. (Noted)
(x) Email (dd 6.9.12) from EA reference “Bathing Water Update – 6th September 2012”: -
The Clerk said this stated that Instow’s water quality attained a “Pass Mandatory” on the 28th August 2012; email copied to Cllrs with email addresses. (Noted)
(xi) Email (dd 13.9.12) from EA reference “Bathing Water Update – 13th September 2012”: -
The Clerk said this stated that Instow’s water quality attained a “Pass Mandatory” on the 4th September 2012; email copied to Cllrs with email addresses. (Noted)
b) (i) “DALC Annual Report 2011-2012” and “DALC AGM – 6th October 2012”: -
The Clerk made the Annual Report available at the meeting and provided full details of the AGM of 6th October at Westpoint, Exeter – no Cllrs were able to attend. (Noted)
c) (i) Copy letter (dd 9.8.12) from a parishioner to Stagecoach SW reference “Replacement of Bus Service through Instow”: -
(i) The Clerk said the letter expressed concern at reported plans to re-route certain services away from Marine Parade (to Anstey Way) on the basis that elderly residents could not get to and from Anstey Way and who used the bus service regularly to attend NDH for example; the letter had also been copied to Cllr Cann. (Noted)
(ii) Email (dd 24.8.12) and attachment from DCC via Cllr Cann reference “Bus Services in North Devon”;
(a) The Clerk told IPC that this was a brief to advise on forthcoming changes to bus services arising from First Devon & Cornwall's decision to withdraw from their operations in Northern Devon and from North Cornwall and Okehampton to Exeter. Having been subject to the statutory notice, First Services ceased after operation on Saturday 22nd September. Various replacement services were being provided with effect from Monday 24th September (or Sunday 23rd where there is a Sunday service). These were mostly on a commercial basis, but some would be financially supported by the County Council. Overall, there was no additional cost to the County Council; a summary of the changes was attached. This summary contained links to full on-line timetables, although Stagecoach Service 21/21A were still subject to minor changes and should be available in full next week. (Noted)
(b) The Clerk said the email had been forwarded to Cllrs with email addresses and a copy had been placed at the Post Office for the information of parishioners. (Noted)
(iii) Copy letter (dd 29.8.12) from Stagecoach SW to parishioner reference “Replacement of Bus Service through Instow” (see item (c) (i) above): -
The Clerk said this reassured the parishioner of Stagecoach SW’s commitment to Instow and set out those services that would now operate providing regular transport to Barnstaple, Bideford and NDH; it also confirmed that re-timed services along Marine Parade would be such that they would not pass at the same time and, therefore, reduce congestion; a copy of said letter had been copied to Cllrs with their agenda papers (6.9.12). (Noted)
d) Email (dd 13.8.12) from DCC reference “Tour of Britain (Cycles) 2012”: -
(i) The Clerk said this provided details of the route from Barnstaple to Dartmouth on Saturday 15th September (via Instow); should be at Instow approx. 10.32am (along Anstey Way). (Noted)
(ii) The Clerk said a copy of the email had been forwarded to Cllrs with email addresses (13.8.12). (Noted)
(iii) Email (dd 10.8.12) from DCC reference “Temporary Traffic Order – Tour of Britain/Various Roads in Devon”: -
The Clerk said this had been forwarded to Cllrs with email addresses for their information. (Noted)
e) Letter (dd 16.8.12) from SWH/DCC reference “Road Closure – Quay Lane, Instow”: -
The Clerk said this stated this was to take place on Monday/Tuesday 22nd/23rd October 2012 to facilitate footway works and that the letter had been copied to Cllrs with their agenda papers (6.9.12). (Noted)
f) IPC’s Standing Orders - 4 Yearly Review (2012): -
(i) The Clerk reminded Cllrs he had forwarded an email (dd 21.8.12) to those with email addresses pointing out this was due for review (May 2012) but had been delayed until now because of the adoption of a new Code of Conduct (July 2012). (Noted)
(ii) The Clerk advised IPC of a number of typos’ as detected by Cllr Harper; the Clerk elaborated. (Noted)
(iii) The Clerk suggested that as Cllrs/Clerk had yet to attend appropriate training in the new “Code of Conduct” that this 4-yearly update be deferred until such time as (a) the training had taken place or (b) it merely referred to the new “Code of Conduct” in the updated version and have it attached as an appendix pro tem with further detail to be added following necessary training. (Noted)
(iv) After a discussion IPC RESOLVED to defer an update until such time as Cllrs/Clerk had received training in the new “Code of Conduct”. (Action: Cllrs/Clerk)
g) Letter (dd 21.8.12) from Nick Harvey MP reference “Atlantic Array”: -
(i) The Clerk advised that this letter alluded to the apparent apathy of North Devon residents as to the detrimental impact of this major project and the effect it would have on North Devon in any number of ways; it had been copied to Cllrs with their agenda papers (6.9.12). (Noted)
(ii) The Clerk advised IPC he had forwarded an email (dd 23.8.12) to Nick Harvey MP advising him that IPC had already lodged its strong objection to this project with DCC (letter dd 20.11.11 – also copied to him), Infrastructure Planning Commission, Bristol (email dd 21.5.11 refers) and RWE Npower Renewables Ltd (email dd 20.7.12 refers) and provided him with a full resume of IPC’s reasons for objection. (Noted)
(iii) IPC RESOLVED to ratify the action taken by the Clerk as at (ii) above. (Noted)
h) Email (dd 23.8.12) from Bramwell Associates (Public Affairs) reference “Yelland Park Public Consultation/Housing etc. Development – 5th/6th September 2012” : -
(i) The Clerk said this email had been forwarded to Cllrs with email addresses. (Noted)
(ii) A brief discussion ensued during which it was said, by Cllr Harper, that this development would come right up to the boundary of the Instow parish and it was RESOLVED, as a consequence, to maintain a close brief on its progress. (Noted)
i) Email (dd 23.8.12) from an unidentified source reference “Save Instow”: -
(i) The Clerk elaborated on this email’s content i.e. cost/method of beach cleaning, sand on highway, rent for ice cream shed, shop and car park lease, investments, chain saw/blower etc.; he added that the email had been copied to Cllrs with email addresses (24.8.12). (Noted)
(ii) The Clerk advised IPC that having consulted a majority of Cllrs he had forwarded an email response (dd 28.8.12) stating he would bring the missive to the attention of IPC and requested the writer to provide their full name and address and contact telephone number so that a meeting could be arranged with a Cllr(s) in order to discuss the issues in more detail; the Clerk said he had received no reply. (Noted)
(iii) IPC RESOLVED, in the circumstances, to take no further action. (Noted)
j) Email/Letter (dd 31.8.12) from DCC reference “The Devon Waste Plan – Special Meeting of DCC’s Development Management Committee on Wednesday 24th October 2012 from 10am to 1pm”: -
(i) The Clerk said this meeting was to hear the views directly from representatives of local communities on the site options, namely, Roundswell, Deep Moor, Tiverton East and Broadpath and that IPC was invited to send a representative. He added that a copy of the letter had been forwarded to Cllrs with their agenda papers (6.9.12). (Noted)
(ii) After a discussion, IPC RESOLVED not to send a representative on the basis that Cllr Cann (DCC) was to attend and he had agreed to represent IPC’s views. (Noted)

k) Updated List of IPC Cllrs – Addresses including Email”: -
The Clerk circulated a copy to Cllrs at the meeting and agreed to place a copy on each parish noticeboard. (Noted)
l) Email (dd 4.9.12) from Active Villages Coordinator (AVC) - North Devon reference “Active Villages – Instow”: -
(i) The Clerk said this stated that Instow had been selected to be part of the Active Villages Programme; this was a very exciting project that offered Instow up to £2,500 funding and the opportunity to work with a dedicated Sports Development Coordinator. The aim was to help support sport and physical activity in Instow to increase participation and opportunities. The villages that are part of this project have been randomly chosen and only 19 villages in North Devon would be eligible for this funding. The project was very simple to be a part of and already there were great successes and opportunities arising in other villages as part of this project. The coordinator would like to meet with IPC/anyone in the village who would be interested in hearing about this opportunity and for her to explain the project in more detail. There was no application process to complete; the funding and coordinator were in place and ready to go. (Noted)
(ii) The Clerk reported that from enquiries he had made, supported by Cllr Harper, the Parish Hall Committee had expressed an interest as had Instow School. (Noted)
(iii) The Clerk also reported that from local enquiries he had made this initiative has proven to be of great value; he cited West Down. (Noted)
(iv) The Clerk then suggested that the information be passed to the Parish Hall Committee for them to invite the coordinator to a meeting, attended also by the School, and any other interest parties/groups within the parish who may wish to attend. The coordinator was looking for an Active Village Champion from Instow to act as the focal point of contact. (Noted)
(iv) After a discussion and an offer to lead by Cllr Harper, IPC RESOLVED to facilitate a meeting of interested parties with the AVC asap. (Action: Cllr Harper)
m) (i) Telephone call (8.9.12) from a parishioner and (ii) a subsequent email (dd 10.9.12) from, NDCCS reference “Picnic Site – Large Party – Evening of Saturday 8th September 2012”: -
(i) The Clerk said the parishioner had advised him that a large group of youths were gathering at this location and that he had told the Police. He also confirmed he would notify NDCCS who leased said land from IPC. (Noted)
(ii) The Clerk said that NDCCS advised IPC of the rubbish left on site that had been cleared away by their staff and that they had received a less than positive response from the police. (Noted)
(iii) The Clerk told IPC he had notified PC Preston/PCSO Meaker (email of 11.9.12 refers) and attention had been promised for the future; he had updated NDCCS.(Noted)


(ii) Taw and Torridge Estuary Forum and Associated Matters (see item 2202/10 (p)):-
a) Email (dd 25.7.12) from Secretary of TTEF reference “Defra Access Newsletter – July 2012”:-
Forwarded to Cllrs with email addresses
b) Email (dd 10.8.12) from Secretary of TTEF reference “Atlantic Array – Comments of Draft Environment Statement”: -
Clerk provided TTEF with a copy of IPC’s response as agreed at IPC Meeting of 19th July; copy subsequently also forwarded to NDC.
c) Email (dd 28.8.12) from Secretary of TTEF reference “Minutes of TTEF Meeting of 16th July 2012”: -
Forwarded to Cllrs with email addresses
d) Email (dd 29.8.12) from Secretary of TTEF reference “Subscription 2012 - Reminder”: -
Clerk replied to the effect that IPC had already paid; subsequently acknowledged and confirmed by TTEF Secretary.



(iii) Matters to note (see item 2202/10 (p)): -
a) DALC etc. Matters (Various): - (i) Email (dd 27.7.12) reference “NALC Conference – Sheffield/September 2012”; (ii) Email (dd 3.8.12) reference “Rising to the Challenge – Making Localism a reality for Local Councils” – Clerk replied as necessary; (iii) Email (dd 7.8.12) reference “CCD – Services Offered/Parish Magazines” – details of editor of parish magazine provided; (iv) Email (dd 16.8.12) reference “CCD Members Forum – Visits”; (v) Email (dd 28.8.12) reference “Working Together - Conference to Shape Devon's Rural Future – 28th September 2012 Exeter Racecourse” – copied to Cllrs with email addresses and (vi) Email (dd 3.9.12) reference “Village Green – Issue 129/Autumn 2012” – copied to Cllrs with email addresses.
b) NDC Members Services Weekly Information Sheet for w/b 20.7.12, 27.7.12, 8.8.12 (Cllrs attention drawn to Code of Conduct Training), 10.8.12 (Cllrs attention drawn to Council Tax Benefit – Changing), 17.8.12, 24.8.12, 31.8.12 and 7.9.12.
Copied to Cllrs with email addresses
c) Emails (various) and attachment from NDC Housing reference “Devon Home Choice Newsletter”: -
Copies placed at post office by Cllr Johns for the information of parishioners
d) (i) Emails (various) from Rural Services Network reference “Weekly News Digest – Bulletins”:-
Copied to Cllrs with email addresses
(ii) Email (dd 31.8.12) reference “North Devon’s Individual Webpage”: -
Copied to Cllrs with email addresses
e) (i) Email (dd 21.7.12) from Cllr Harper reference “Sand Dunes Car Park/Entrance & Kiosk – Rubbish”: -
With the proactive support of Cllr Cann all was removed by NDC; Cllr Cann thanked for his support.
(ii) This matter was also referred to NDC’s Environmental Health Dept. by Cllr Cann; Officers have visited the scene and are investigating some food safety issues.
(iii) Email (dd 1.8.12) and photographic attachments from Cllr Harper reference “Sand Hills Kiosk”: -
Information passed to Cllr Cann for the attention of NDC’s Environmental Health Dept. who are already investigating this site (see item (ii) above).
f) Email (dd 23.7.12) from a parishioner reference “Rusty Boat Trailer on Beach/Commodore Slipway”: -
Beach cleaner advised owner and trailer removed from the beach; parishioner updated and thanked.
g) Email (dd 24.7.12) from Community Buying reference “Community Buying unlimited – Eden Launch”: -
Copied to Cllrs with email addresses
h) Email (dd 24.7.12) from Cllr Thomas reference “Inconsiderate Parking Rectory Lane/Rectory and Venn Close”: -
Sets out a local initiative to alleviate this long standing problem
i) Email (24.7.12) from a parishioner reference “Overgrown Hedge – Atturm to Tarka Trail Bridge/Marine Parade”: -
Parishioner advised that this was soon to be dealt with by parish Lengthsman/handyperson.
j) Email (dd 25.7.12) from DCC reference “Visit of Parish Lengthsman to Instow – Proposed Activity”: -
Noted by Clerk
k) (i) Email (various) from NDVS and TTVS reference “Bulletins, Funding Bids, Survey, Snippets, Newsletters etc.”
Copied to Cllrs with email addresses
l) Email (dd 29.7.12) and photographic attachments from Cllr Harper reference “Blocked Drains – Marine Parade near Commodore”: -
Passed to Cllr Cann for necessary attention
m) Email (dd 31.7.12) from a local Solicitor reference “Loss of Magistrates Court in North Devon – E-Petition”: -
Forwarded to Cllrs with email addresses for onward transmission to parishioners etc. with a view to supporting the campaign
n) Email (dd 1.8.12) from DCC reference “Devon Community Directory”: -
Information previously received and now subject of a link on Instow website –www.instow.net
o) Email (dd 1.8.12) from Cllr Harper reference “Rubbish Bags – Entrance to Dunes Car Park: -
Following local enquires by Cllr Harper bags were suitably disposed of.
p) Email (dd 4.8.12) from Earth Elements reference “Powerful Partnerships”: -
Forwarded to Cllrs with email addresses for any inter-parish circulation as seen fit
q) Email (dd 7.8.12) from Ordnance Survey reference “PSMA News – August 2012”:-
Forwarded to Cllrs with email addresses
r) Email (dd 12.8.12) from Cllr Harper reference “Rubbish – Boathouse Bus Shelter Rubbish Bin”: -
In view of the fact this problem is not isolated (further recent reports received by Clerk from handyperson) Cllr Cann advised and suitable attention promised; Cllr Harper advised.
s) Copy email (dd 12.8.12) from a parishioner to Cllr Cann (DCC) reference “Overgrown Footpath – Anstey Way/Junction of Rectory Lane (Church) towards Bideford”: -
Attention promised by Cllr Cann; Cllr Cann thanked.
t) Email (dd 13.8.12) from Clerk to Cllr Cann reference “Parish Lengthsman – Apparent Lack of Activity July/August 2012”: -
Cllr Cann to investigate
u) Email (dd 14.8.12) from North Devon + reference “North Devon + e-news”: -
Copied to Cllrs with email addresses
v) Junk Mail (Issue 10 – 2012): -
Made available to Cllrs at the meeting
w) Email (dd 13.8.12) from NDC reference “Community Messaging”: -
This appears to be a duplicate of a similar email discussed at the July meeting of IPC; forward to Cllrs with email addresses for their information
x) (i) Email (dd 15.8.12) and attachments from Burn The Curtain Theatre Company reference “The Adventures of Don Quixote by Bicycle – Tarka Trail/Picnic Area”: -
This matter was discussed at the June 2012 meeting; copied to Cllrs with email addresses
(ii) Email (dd 22.8.12) from Burn The Theatre Company thanking IPC for allowing it to use the picnic area – events were a great success; Cllrs advised.
y) Email (dd 16.8.12) from DCC reference “Community News Round-Up – August 2012”: -
Copied to Cllrs with email addresses
z) Email (dd 8.8.12) from NDC reference “Recycling Survey”: -
Passed to Cllrs with email addresses (9.8.12) for their personal attention
aa) Copy email (dd 20.8.12) from Cllr Harper to IPC Cllrs reference “Ringmaster – Child Abduction Log 695/17.8.12”.
bb) Email (dd 21.8.12) from Cllr Harper reference “Marine Parade/Beach Sign – Vandalism?”: -
Re-fixed to wall by handyperson; screw/raw plug had sprung “away” from the wall
cc) Email (dd 21.8.12) from Cllr Thomas reference “Dune Fencing – Lying Flat” and “Abandoned Boat near Atturm Slipway”: -
Clerk advised NDCCS reference the dune fencing (email dd 22.8.12 refers) and beach cleaner advised Clerk that abandoned boat was in hand by Instow Marine; Cllr Thomas updated.
dd) Letter (received 27.8.12) and attachments (posters/cards) from Devon and Cornwall Rough Sleepers Partnership reference “All Working Together to End the Misery of Homelessness”: -
Copy of poster/card left at Post Office and Parish Hall.
ee) Email (dd 24.8.12) from PSMA reference “Newsletter”: -
Copied to Cllrs with email addresses
ff) Email (dd 28.8.12) from Community Buying reference “ A cheaper energy development for your community”: -
Copied to Cllrs with email addresses
gg) Email (dd 4.9.12) from Cllr Thomas reference “Burst Water Main – Rectory Lane opposite School”: -
States that SWW are to deal 5.9.12.
hh) “LCR Magazine – Autumn 2012”: -
Made available to Cllrs at the meeting
ii) “South Western Ambulance Service NHS Twentyfourseven Magazine – Edition 15”: -
Made available to Cllrs at the meeting
jj) Email (dd 5.9.12) from North Devon Homes reference “12th Annual General Meeting - Barnstaple Hotel, Braunton Road, Barnstaple on Friday 28th September 2012 at 2pm”: -
Cllr Thomas to attend and represent IPC
kk) Email (dd 5.9.12) and attachments from DCC reference “Building Communities Workshop – 4th October 2012/Barnstaple Hotel”: -
Email and attachments forwarded to Cllrs with email addresses.
ll) Email (dd 5.9.12) from DCC reference “Devon Waste Plan Consultation”: -
Subsequently withdrawn – sent in error; consultation already closed.
mm) Email (dd 6.9.12) and attachment from Devon and Cornwall Police Authority reference “Newsletter – September 2012”: -
Email and attachment forwarded to Cllrs with email addresses.
nn) Email (dd 6/7.9.12) from Local Government Consultant reference “Town and Parish Update”: -
Email and attachment forwarded to Cllrs with email addresses.
oo) Email (dd 7.9.12) from DCC reference “Your Community Your Choice Invite”: -
Sets out details of open meetings being led by Cllr John Hart, Leader of DCC (September – November); copied to Cllrs with email addresses for their information.
pp) Email (dd 8.9.12) and photographic attachment from Cllr Harper reference “Vandalism – Dune Fencing”: -
Cllr Harper advised that matter in hand having already been reported – see (cc) above; being dealt with by NDCCS (photograph forwarded to NDCCS)
qq) ”Clerks and Councils Direct – September 2012/Issue 83”
Made available to Cllrs at the meeting
rr) Letter (undated) from a parishioner reference “Marine Car Park Bottle Skip – Rubbish Depositing”: -
(i) States that rubbish is being concealed behind the skip and, for obvious reasons, not being removed by NDC; Cllr Moores agreed to investigate.
(ii) Cllr Moores reported there is a considerable amount of fly tipping at this location (i.e. plastic seats, a tyre etc.); Cllr Cann agreed to sort it – handyman to review possible remedial action to prevent a reoccurrence. Parishioner updated and thanked by email (dd 11.9.12).
ss) Email (dd 11.9.12) from DCC reference “Inflatable Dome and Exhibition Trailer – for use by Communities and Groups based in North Devon”: -
Copied to Chairman of Instow Parish Hall Committee, Secretary of Instow Fun Day and Instow School; also copied to IPC Cllrs with email addresses for their information.
tt) Email (dd 12.9.12) from North Devon Voluntary Services reference “AGM – 2012”: -
Email forwarded to Cllrs with email addresses.

2209/11 FINANCE
1. INCOME: -
Car Park Takings Period ending 24th July 2012 £1,252.70
Ditto Period ending 2nd August 2012 £1,512.00
Ditto Period ending 8th August 2012 £ 468.80
Ditto Period ending 15th August 2012 £1,113.15
Ditto Period ending 22nd August 2012 £ 896.50
Ditto Period ending 30th August 2012 £ 932.05
Ditto Period ending 5th September 2012 £ 795.40
Car Park Weekly Tickets x 19 (Sold at John’s) £ 285.00
Car Park Winter Season Tkt. No. 1 £ 75.00
ASCC Cancelled Chq (£5) Diamond Jubilee Ming £ 5.00* TOTAL : - £7,335.60
Key: -
*All Saints Community Centre (ASCC) Committee has misplaced cheque number 000703 (issued 19.4.12) for £5 – hire of hall for Golden Jubilee Meeting; charge now cancelled; cheque to be cancelled with Lloyds TSB by the Clerk.
Note: - £14,031.15 banked (as of 5.9.12) from car park takings; not including season/weekly tickets.
2 (a) EXPENDITURE: -
Mr B Keane Village Handyperson £ 660.00+
Mr D Budd Grass Cut (No 5) £ 300.00
Mr P Cook Beach Cleaning £ 450.00
AON UK Ltd Tractor Insurance 2011/12 £ 348.44=
BT Tel Account per 01271 372408 £ 132.33*
TOTAL: - £1,890.77
Key: -
+ Includes £504.00 handyperson activity and £156.00 P3 activity.
= £312.70 in 2011/12; renewal paperwork checked by Cllr Crombie (16.8.12) and found to be in order.
* Line rental/other charges (phone book entry etc.) = £68.97 and call charges = £53.36; £22.01 VAT recoverable
2 (b) EXPENDITURE: -
Mr. B Keane Village Handyman £ 341.99+
Mr. D Budd Grass Cutting (No 6) £ 300.00
Mr. P Cook Beach Cleaning £ 450.00
Mr. R Jacob Clerk’s Remuneration £1,400.00
Mr. R Jacob Clerk’s Expenses £ 378.15@
Inland Revenue Re Mr R Jacob £ 350.00
Mr. G May Tractor Garage Rental (July – Sept 2012) £ 115.20*
Audit Commissioner Audit Fee 2012 £ 342.00$
TOTAL: - £3,677.34
Key: -
+ Includes £17.99 for paint for bus shelter maintenance/painting.
@ Includes £18.79 printing, £30.36 Car Park (Season/Weekly Tkts) and £19.65 miscellaneous.
* £19.20 VAT recoverable
$ £57.00 VAT recoverable
3. BANK – STATEMENT OF ACCOUNTS: -
Lloyds Bank Treasurers a/c no. 02348842 as @ 23.8.12 (Statement) = £ 6.49*
Lloyds Bank Business a/c no. 02350065 as 2.7.11 (Statement) = £13,478.70+
Key: -
* According to the Clerk’s records this is £1.49 (1 cheque (703) to value of £5 uncashed – see item 1 above (ASCS)
+ According to Clerk’s records this is £18,922.98 as date of meeting
NB: - IPC to note that £10,000 was invested (7.1.11) to a higher interest account within Lloyds TSB – see IPC November 2010
4. RESOLUTION REQUIRED: -
(a) The Clerk reported that it had been necessary to transfer £1,891.00 from Lloyds Bank Business account number 02350065 to Lloyds Bank Treasurers account number 02348842 to cover cheques as at 2 (a) above when he met informally with the Chairman/Cllr Crombie (cheque signatories) on 16.8.12. IPC RESOLVED to ratify this decision i.e. transfer of monies and cheque payments as at 2 (a) above (Noted)
(b) IPC also RESOLVED to transfer £3,677.00 from Lloyds Bank Business account number 02350065 to Lloyds Bank Treasurers account number 02348842 to cover cheques as at 2 (b) above. (Noted)
5. MISCELLANEOUS: -
(a) Future Use of Marine (Quay) Car Park following transfer of 99 year Lease by NDC to IPC:-
(i) Rates: -
(a) The Clerk reported receipt of a letter (dd 25.7.12) from The Office of Non Domestic Rates SW entitled “Notice of Alteration to the 2010 Rating List – Car Park, The Quay, Instow (Reference No. 32006330204)”; he said it stated that the revised entry for this “property” (effective date – 1.4.12) was now: -
• £3,350 – Car Park
• £3,350 – Public Conveniences
(b) The Clerk advised IPC he had forwarded a copy to Ian Budge (Solicitor) for his information. (Noted)
(c) The Clerk reported receipt of a pack of correspondence (various - dd 16.8.12) from NDC reference “Marine Car Park/Non-Domestic Rates Bill for 2012/13”; he said it stated that IPC owed £1,507.50. Clerks Note: - This refers to car park only and not public conveniences. (Noted)
(d) The Clerk reported that as a result of research and a telephone call (circa 17.8.12) to NDC’s Business Rates Dept. he had ascertained that IPC was eligible for Small Business Rate Relief and subsequently received an amended invoice (dd 20.8.12) from NDC that stated IPC owed NIL. (Noted)
(ii) Lease – Legal Matters: -
The Clerk advised IPC that NDC’s (Property Officer) had advised him (late July) that the transfer of the car park to IPC (by NDC) was now in the hands of NDC’s Legal Dept. who would liaise with IPC’s Solicitor, Ian Budge; he had been advised. (Noted)
(iii) Refurbishment of Toilets: -
The Clerk reported that a site meeting, as regards the refurbishment of the toilets (i.e. NDC and IPC Sub Committee, namely, Cllrs Harper/Moores and the Clerk), had yet to be convened. It was RESOLVED that the Clerk would liaise with Cllr Cann and arrange as necessary. (Action: The Clerk/Cllr Cann)
(iv) Winter 2012/13 – Parking (OSPO Amendment)/1st October 2012 onwards: -
(a) The Clerk advised IPC he had made contact with NDC (emails various – 20.7.12 onwards) regarding an appropriate amendment to the current OSPO (for Marine Car Park) and was told it would need to go to NDC’s Executive’s next meeting (6.9.12 – none in August) and if approved then advertised/go thought the legal process that could take up to 6 -10 weeks. (Noted)
(b) The Clerk told IPC that said process would cost approx. £500 plus NDC’s Solicitor’s time. (Noted)
(c) The Clerk advised IPC he had provided NDC with all the necessary information for the process (as at (iv) (a) above) and made informal contact with the Leader/Deputy Leader of NDC with a request that the matter could, if at all possible, be expedited. It was explained that this action (by IPC) could not have been taken sooner as it was only very recently that Instow Marine had finally decided it did not wish to use the car park as a boat park for the winter 2012/13. (Noted)
(d) The Clerk advised IPC that following an enquiry of NDC Car Parks Dept. (email dd 4.9.12 refers) he had been told that the new OSPO would be in force, at the earliest by 12th October; this would equate to 11 days free parking. (NB: - Advert appears in North Devon Journal – dd 13.9.12). (Noted)
(e) The Clerk advised IPC that he had been in touch with SW Signs (email dd 20.8.12 refers) in order that the necessary amendments could be made to the existing car park signs at an appropriate time. (Noted)
(f) The Clerk advised IPC he had arranged for a short article to be placed in the September edition of the parish magazine as regards winter car parking arrangements, that is, costs etc. (Noted)
(b) (i) Audit Commission - Annual Return for the Year ended 31st March 2012: -
(a) The Clerk reported receipt of a letter (dd 8.8.12) from the Audit Commission together with the Certified Annual Return for the financial year ending 31st March 2012; it had been copied to Cllrs with their agenda papers (6.9.12). (Noted)
(b) The Clerk advised Cllrs that the External Auditors Certificate and Opinion (Section 3) stated, “on the basis of our review, in our opinion the information contained in the annual return is in accordance with proper practices and no matters have come to our attention giving cause for concern that relevant legislation and regulatory requirements have not been met”. (Noted)
(c) The Clerk further reported that no other matters, not affecting the opinion of the Audit Commission, had been drawn to the attention of Council. (Noted)
(d) The Clerk advised IPC he had placed a notice (18.8.12) entitled “Notice of Conclusion of Audit and Right to Inspect the Annual Return Form” together with a copy of the Annual Return (sections 1-4) on the notice board at the Quay Car Park for the information of parishioners and had left it there for in excess of a 14 day period; it had been removed on 5.9.12 and retained for record purposes. (Noted)
(e) The Clerk confirmed he had copied all correspondence to Mrs Mary Jane Scott (IPC’s IA) and thanked her for her sterling work and positive support in performing the internal audit process. (Noted)
(ii) Letter (dd 29.8.12) from Audit Commission reference “IPC – Appointment of External Auditor from 2012/13”: -
(a) The Clerk said the letter referred to previous correspondence reference this subject and confirmed the appointment of Grant Thornton UK LLP as external auditor to audit the annual return of IPC for 5 years from 2012/13. (Noted)
(b) The Clerk confirmed the letter had been copied to IPC’s IA. (Noted)
(c) Tarka Trail Recreational Field – Lease between IPC and DCC (2012 onwards): -
(i) The Clerk confirmed he had advised (email dd 20.7.12 refers) NPS SW Ltd (DCC’s agents) that Instow Parish Council was more than happy for DCC to re-negotiate a renewal of the current lease (along similar lines to the current one) for the Recreation Field (Picnic Area) along the Tarka Trail, Instow but that IPC wished to enquire whether DCC would be prepared for DCC to cover its legal costs. NPS SW Ltd was provided with the details of IPC’s solicitor. (Noted)
(ii) The Clerk confirmed that IPC’s solicitor, Mr Ian Budge (Solicitor) of Brewer Harding and Rowe (Solicitors) of The Square, Barnstaple EX32 8LS had been updated as necessary. (Noted)
(iii) The Clerk reported receipt of a letter (dd 23.7.12) from NPS SW Ltd (by email and post) setting out the principles of the new lease, namely: -
• Term: - 25 years
• Use:- For use as a Picnic Site
• Termination:- On expiry of the above term, or by either party providing 6 months’ notice in writing to the other party
• Fees: - The County Council will pay the parish council’s reasonable and proper legal costs; all other terms as per the original lease. (Noted)
(iv) The Clerk advised IPC he had forward a copy of the letter (by email 23.7.12) to Mr Budge seeking guidance and suggesting it also included “public liability cover” to be provided by DCC; Mr Budge subsequently concurred. (Noted)
(v) The Clerk told IPC he had forward an email to NPS SW Ltd (dd 23.7.12) confirming IPC’s agreement to item (iii) above, with proviso as at item (iv) above, namely, to include public liability insurance by DCC. (Noted)
(vi) The Clerk reported receipt of an email (dd 25.7.12) from NPS SW Ltd agreeing to DCC providing public liability insurance cover for the site as part of the lease. (Noted)
(vii) The Clerk advised IPC that he had acknowledged NPS SW Ltd.’s email (as at (v) above) and asked them to forward a copy of the final copy draft of the heads of terms of the lease to Mr Budge. (Noted)
(viii) The Clerk advised IPC that as a result of a request (email dd 29.8.12) by Mr Budge to provide evidence of IPC’s title to the land in question he had put together sufficient evidence of title, assisted greatly by Cllr Harper namely, “Statement” as at (ix) below and a copy of the “Conveyance Document dd 18.8.1951”. (Noted)
(ix) The Clerk elaborated and referred to a “Statement reference Instow Allotment/Recreation Field”, as prepared by Cllr Harper, from records held at the North Devon Records Office; it was copied to Cllrs at the meeting for their information. (Noted)
(x) The Clerk updated IPC on subsequent progress. (Noted)



(d) (i) “Parish Grants”, (ii) “DCC TAP Fund”, (iii) “Council Tax Benefit is Changing” and (iv) “Consultation: Localising Support for Council Tax/Council Tax Base and Funding for Local Precepting Authorities”:-
(i) Parish Grants: -
(a) The Clerk reported receipt of an email (dd 2.8.12) from NDC reference “Parish Grant Meeting 5th July 2012 – Minutes”; it stated that the next meeting was to be held on the 19th September 2012 at 7pm/Civic Centre; full details had been copied to Chairman, Cllr White and Cllr Moores. It was noted that Cllr Moores was to attend and possibly the Chairman. (Noted)
(b) The Clerk reported receipt of an email (dd 3.8.12) reference “Parish Grant Working Party Meeting - Thursday 16th August 2012 at 2pm in the Yeo Room at the Civic Centre”; the Clerk said he had been unable to attend but in tendering his apologies had forwarded a recommendation i.e. certain of North Devon’s larger town/parish councils (e.g. Barnstaple, Lynton, Fremington, Braunton and South Molton) receive a substantial annual allowance from NDC known as an Agency agreement. If this was to continue maybe they shouldn’t also receive a parish grant – it was presumed they did. This would make a substantial saving on the annual budget for parish grants. (Noted)
(c) The Clerk reported he was again unable to attend a further meeting of the Parish Grant Working Party held at 2pm on Thursday 13th September at the Civic Centre but said that no doubt its recommendations would be aired at the meeting as at (a) above.
(Noted)
(ii) DCC TAP Fund: -
(a) The Clerk reported receipt of an email (dd 31.7.12) from NDC reference “Introducing the Town and Parish (TAP) Fund”; the Clerk elaborated. (Noted)
(b) The Clerk reported receipt of an email (dd 31.7.12) from Cllr Cann (Chairperson of Fremington PC) reference “Introducing the Town and Parish (TAP) Fund” suggesting that a meeting be held at Fremington (early September) to discuss this initiative, attendees comprising parishes within County Ward of Fremington Rural. The Clerk said the meeting had subsequently been arranged for 6pm on Monday 10th September – Cllr Moores and the Clerk attended. (Noted)
(c) Cllr Moores/Clerk then provided a brief report of the above meeting, namely, there should be approx. £8-9,000 in total available to draw down for “joint” projects (for parishes within County Ward of Fremington Rural) i.e. £1 per parishioner from DCC plus 10p per parishioner from NDC. It was suggested that IPC apply for £1,000 to cover an additional grass cut for the financial year 2012/3 and for general maintenance throughout the village (i.e. weed clearance etc.) – IPC RESOLVED to ratify this recommendation. (Noted)
(d) A general discussion then ensued at the conclusion of which a possible resurrection of a Children’s Play Area at the All Saints Community Centre was discussed. It was RESOLVED that Cllr Moores (NDC/IPC) and Cllr Cann (DCC/NDC) would investigate possibilities. (Action: Cllr Cann/Moores)
(iii) “Council Tax Benefit is Changing – Have Your Say”: -
(a) The Clerk referred to an entry in NDC’s Weekly Information Sheet (10th August 2012) that stated: -
“As you are aware, the government is making dramatic changes to the welfare system in this country. The current council tax benefits system will be replaced by a new council tax support scheme, which will be run locally by North Devon Council. At the same time, the government is reducing the amount of money we have to spend on council tax benefits by about £1 million. We have produced a draft scheme for North Devon, which must be up and running by April 2013. On Monday 6th August, an eight-week consultation began to allow those affected voluntary organisations and the wider public to have their say on our proposals Pensioners and some other vulnerable groups are protected from the cuts, but everyone needs to know about the changes and everyone’s views are valued. People of working age who are claiming council tax benefit will be sent a letter and survey form in the post and staff will be talking to people face to face when they come into Lynton House, the Amory Centre and the Ilfracombe Centre. A general survey for the public is available on our website www.northdevon.gov.uk/benefits as is a copy of our draft scheme in full. Please do go online and complete the survey. The closing date is Monday 1st October 2012. The new scheme is due to be adopted by the Council in November 2012 to give us time to get all of our systems and processes in place for launching the scheme in April 2013. If you receive any calls from parishioners who are concerned about the changes, please urge them to contact customer services on telephone number 01271 388871, via email benefits@northdevon.gov.uk or visit Lynton House or our offices at Amory House and the Ilfracombe Centre. If you have any further queries please feel free to contact our Benefits Manager, Denise Yates, on telephone number 01271 388414 or via email denise.yates@northdevon.gov.uk” (Noted)
(b) The Clerk said that these details had been forwarded to Cllrs with email addresses (dd 12.8.12) for their consideration. (Noted)
(c) A discussion ensued after which IPC RESOLVED to take NFA. (Noted)
(iv) Email (dd 29.8.12) from NDC (Financial Services) reference “Consultation: Localising Support for Council Tax/Council Tax Base and Funding for Local Precepting Authorities”: -
(a) The Clerk said he had forwarded this to Cllrs with email addresses (29.8.12).
(Noted)
(b) A discussion ensued after which IPC RESOLVED to take NFA. (Noted)
(e) Email (dd 17.7.12) from DAPC reference “DCLG Consultation – Payment by Parish Councils”: -
(i) The Clerk reminded IPC that this matter had been briefly discussed at its meeting of 17th July 2012 and that a sub-committee had been set up to discuss the matter in detail and formulate a response (by 11th September 2012) on behalf of IPC. The agreed sub-committee was the Chairman, Vice Chairman, Cllr Green and Crombie. (Noted)
(ii) The Clerk reported it had not been possible to arrange a meeting but that following an exchange of emails the statement, as below, and as recommended by Cllr Green, was adopted by the sub-committee as IPC’s response, that is: -
“Present legislation requires all payments by parish councils to be made by cheque or by other payment orders signed by two councillors. The proposal on which we are being consulted would remove this requirement completely. Councils would then be free to make payments by whatever means they choose (by cash, cheque, debit card, credit card, standing order, direct debit, internet banking, credit transfer) authorised by one or more signatory. However, financial transactions would continue to be subject to the duties on effective financial management set out in the Accounts and Audit Regulations. In our view the proposed change is to be welcomed because the present requirement is unduly restrictive. In particular, it effectively rules out the use of internet banking and internet purchases, which are very widely used in the commercial world. Also, banks are seeking to end the use of cheques, which is a cumbersome and costly payment method. One of the questions asked in the consultation document is: Do the proposals put forward in this consultation document remove any necessary protection? It seems to us that the answer is “Yes”, although it depends on how individual councils choose to make payments. The present legislation is restrictive, but the requirement for two signatures does provide a degree of protection. The risks arising from reducing protection need to be off-set against the benefit of greater payment flexibility. Some degree of protection could be retained by continuing to require two signatures for payments above a specified amount (say £5,000 for IPC). We propose that IPC answers the questions as follows:-
a) Yes
b) No
c) Yes, but a degree of protection could be retained by continuing to require dual authorisation for payments above an amount to be specified by the council and approved by its auditor.
d) Yes, Yes” (Noted)
(iii) The Clerk advised IPC he had responded to the consultation document by email as set out above (item (ii)) – IPC RESOLVED to ratify this decision. (Noted)


(f) (i) Mooring Fees 2011/12/Collection of: -
The Clerk told IPC he had forwarded (5.8.11) an invoice in the sum of £1,500 to Instow Marine Services Ltd with a response date of 1.9.11 but that no reply had been received as of date of meeting. (Noted)
(ii) Tender for Mooring Fees 2013-2015: -
(a) The Clerk reported that following a recent exchange of emails between Cllrs with email addresses and himself he had arranged for an advert to appear in the North Devon Journal (dd 6.9.12) with offers sought for the above period with a minimum payment of £1,750.00 pa. (Noted)
(b) IPC RESOLVED to ratify the action as at (a) above. (Noted)
(g) IPC’s Finance Sub Committee Budget 2012/2013 Meeting: -
(i) The Clerk reported that this meeting had been arranged for Monday 29th October 2012 (6.30 pm) so that the draft IPC budget 2013/2014 could be formulated for consideration of IPC at its November meeting. Cllrs White, Green, Crombie and Johns were available as was IPC’s IA. (Noted)
(h) Remembrance Day Service - Wreath 2012: -
The Clerk confirmed that a wreath had been ordered; to be delivered to the Johns’ in due course together with an invoice. (Noted)
(i) Letter (undated) from Lloyds TSB reference “Information About Your Account and Changes to Our Banking Products”: -
The Clerk said the letter had been copied to IPC’s cheque signatories for their information and the original filed. (Noted)
(j) Letter (dd 20.8.12) and Certificate of Motor Insurance from AON reference “Tractor Insurance 2012/13”: -
The Clerk said this confirmed that the renewal instructions/payment had been received and that IPC’s policy had been renewed; filed for future reference. (Noted)
(k) Email (dd 21.8.12) from Charities Commissioner reference “Instow Recreation Ground (IRG) – Charities Commissioners News (Summer 2012)”: -
The Clerk said this had been forwarded to Cllrs White, Crombie, Johns and Green – cheque signatories and trustees of IRG; also to IPC’s IA. (Noted)

2209/12 PLANNING
a) Copy letter (received 30.6.12) from NDC Planning to parishioner (John Warner) reference “Application for consent for works to trees covered by a tree preservation order in respect of crown lifting of 1 mulberry tree at All Saints Chapel, Anstey Way, Instow (Reference No 54247)”: -
(i) The Clerk advised IPC that as a result of a discussion regarding this application at the July meeting of IPC, he had enquired of NDC Planning as to why IPC was not originally consulted on the original application; email (dd 20.7.12 refers). (Noted)
(ii) The Clerk then reported receipt of an email (dd 20.7.12) from NDC Planning that stated as follows: -
“I am happy to advise you that North Devon Council do not consult Parish Councils or local residents as a matter of course in respect of all tree work applications. We do however follow best practice in considering whether publicity would be expedient on a case by case basis. Parish Councils are however kept informed, by way of the weekly list of planning application received and determined, of all works to protected trees within your Parish. In this instance the works proposed were considered to be relatively modest and unlikely to have any significant impact on the tree in question or on the wider area. As such it was not considered expedient to delay the determination of the application or incur the costs and administrative burden of erecting site notices, notifying neighbours, consulting with the Parish and advertising the application in the local press”. (Noted)
(iii) The Clerk confirmed he had thanked NDC Planning for its prompt response (email 20.7.12). (Noted)
b) “Enforcement Issues (Grot Spots) – Instow”: -
(i) Cllr Moores (NDC), Cllr Harper and the Clerk reported variously, as follows, as regards action(s) taken since last meeting: -
• The Sands Instow: - Cllr Moores said a meeting had been held between the owner and NDC Planning to endeavour to establish a resolution. He said that it might be necessary to adopt a tougher stance/change tactics. (Noted)
• Sign pollution along the footpath at the bottom of May's Field advertising “Car Boot Sale: - Cllr Moores said this was being progressed by NDC Planning. (Noted)
• Methodist Chapel along Anstey Way, Instow (general untidiness): - Cllr Moores said this was being progressed by NDC Planning. (Noted)
• Pumping Station - Anstey Way, Instow: - Cllr Moores said this was being progressed by NDC Planning. (Noted)
• Chalet opposite Picnic Area - along Tarka Trail: - Cllr Moores said this had been brought to the attention of DCE who were dealing. (Noted)
• Glyn Cottage Lane End, Instow: - Cllr Moores said this was being progressed by NDC Planning. (Noted)
• Entrance to Cricket Club/Broken Barrier: - Cllr Moores said this had been brought to the attention of DCE who were dealing. (Noted)
• Lamp Standard, The Jetty: - Cllr Moores said this had been rectified by the Ferry Group although an incorrect light glass cover had been fitted inadvertently; it was to be resolved asap. (Noted)
• Southgate Chalet, Instow:- Cllr Moores said this was the subject of an approved planning application. (Noted)
• Galsworthy House - A Listed Property: - Cllr Moores said this was being progressed by NDC Planning. (Noted)
• Signal Box/Exposed Wiring on Lamppost: - The Clerk said the Bideford and Instow Railway Group were limited to what could be done as the signal box was a listed building. Cllr Harper suggested that maybe the wires could be trimmed - Clerk to deal. (Noted)
• Glen Cottage, Lane End: - Cllr Moores said this was being progressed by NDC Planning. (Noted)
(ii) A general discussion then ensued. (Noted)
c) Letter (dd 23.7.12) and attachment from NDC Planning reference “Siting of one 500 kW wind turbine (height 79M, hub height 55M,blade diameter 48M) together with associated works at land at Collacott Farm, Newton Tracey (Reference No 54353) – Adjoining parish to Instow”: -
(i) The Clerk reported receipt (28.7.12) of this application and, because of the circumstances (an adjoining parish) had decided, following liaison with the Chairman (30.7.12), to circulate the details to IPC’s PSC (by email) in order to seek its views, full details of said application being available on NDC Planning’s website. (Noted)
(ii) The Clerk confirmed that an entry had been placed on the Instow website for the information of parishioners. (Noted)
(iii) The Clerk reported that IPC’s PSC had subsequently resolved to recommend REFUSAL of this application on the grounds it would be a visual intrusion on the immediate landscape, create a noise nuisance, have a detrimental impact on nearby properties; IPC’s PSG also had a general concern as to the accumulative effect of this type of application throughout North Devon"; NDC Planning had been advised (email dd 17.8.12 refers). (Noted)
(iv) IPC RESOLVED to ratify the above decision. (Noted)
d) Letter (dd 25.7.12) from NDC Planning reference “Planning Application 53963 – replacement of front elevation windows with bay windows at 3 Bath Terrace, Marine Parade, Instow”: -
(i) The Clerk said this letter advised IPC that a planning site inspection was to take place by NDC’s Planning Committee at approximately 9.45 am on Thursday 2nd August 2012 and to which a representative of IPC was invited to attend; the Clerk elaborated. (Noted)
(ii) The Clerk reported that he had passed the information, by telephone, to the Chairman (30.7.12) for his information and attention as seen fit; in the Chairman’s absence, the Clerk added that he did not believe the Chairman had attended. (Noted)
(iii) The Clerk reported receipt (1.8.12) of the Agenda of NDC’s Planning Committee Meeting of Wednesday 8th August 2012 at 10 am (and associated papers) that included reference to this application. (Noted)
(iv) The Clerk reported receipt of a copy email (dd 4.9.12) from Cllr Moores (NDC) to NDC Planning reference this matter; it stated he was happy for this application to be determined by the Planning Manager. Cllr Moores added that he believed the application had since been approved. (Noted)
e) Letters (x 2) (received 28.7.12) from NDC Planning reference “Demolition of garages and porches, erection of new vehicle and pedestrian gates (Old Quay Lane) and extension and alterations to dwelling at Linwood, Marine Parade, Instow (Reference No 53688)” and “Conservation area application for demolition of garages and porches (in association with Planning Application 53688) at Linwood, Marine Parade, Instow (Reference No 53689”): -
The Clerk said this stated that NDC Planning had GRANTED permission for both of these applications with conditions as listed; letters copied to Cllrs with their summer recess papers. (Noted)
f) Letters (x 2) (received 28.7.12) from NDC Planning reference “Refurbishment and consolidation of the dwelling(s), removal of single storey extension and addition of external insulation/white render at The Roundhouse, Marine Parade, Instow (Reference No 53818) and “Conservation area application for the removal of the
single storey extension facing Marine Parade at The Roundhouse, Marine Parade, Instow (Reference No 53819): -
The Clerk said this stated that NDC Planning had GRANTED permission for both of these applications with conditions as listed; letters copied to Cllrs with their summer recess papers. (Noted)
g) Letter (received 28.7.12) from NDC Planning reference “Extension to dwelling at Far End, New Road, Instow (Reference No 53858): -
The Clerk said this stated that NDC Planning had GRANTED permission for this application with conditions as listed; letters copied to Cllrs with their summer recess papers. (Noted)
h) Letter (received 28.7.12) from NDC Planning reference “Town and Country Planning Act 1990 – Section 211 Notice/Trees in Conservation Area; notification of works to trees in as conservation area in respect of felling 1 Poplar and crown lifting 2 Monterey pine at rear of Kiln House, Kiln Close Lane, Instow (Reference No 545166): -
The Clerk said this advised that NDC Planning does not consider that it is expedient to make a tree preservation order in response to said proposals and as such the applicant may carry out the work so long as, quote: “You do so within 2 years of the date of your notice” and “you do no more work on the tree(s) than is set out in your notice”. (Noted)
i) Email (dd 8.8.12) from Cllr Moores (NDC) and attachments reference “Working Drafts Conservation Area Appraisals, Instow and Westleigh”: -
(i) The Clerk said that NDC’s Strategic Conservation Officer required feedback on these documents, Instow especially; they were to be presented by him to NDC’s Executive in September 2012. (Noted)
(ii) The Clerk said he had forwarded this to Cllrs with email addresses with a response date of 30th August 2012. (Noted)
(iii) The Clerk reported the receipt of some comments made by Cllr Harper (email dd 14.8.12 refers) that he had forwarded to NDC’s Strategic Conservation Officer (copy to Cllr Moores) that same day (14.8.12). (Noted)
j) Extension to garage to form domestic workshop at Leeward, (Rectory Lane), Instow (Reference No 54469): -
(i) The Clerk reported receipt (16.8.12) of this application and of having passed it immediately to the Chairman for the attention of IPC’s PSC; for reply by 4.9.12 or an extension to be applied for. (Noted)
(ii) The Clerk confirmed that an entry had been placed on the Instow website for the information of parishioners. (Noted)
(iii) The Clerk reported that IPC’s PSC had resolved to recommend APPROVAL of this application and that NDC Planning had been told (email dd 29.8.12 refers).(Noted)
(iv) IPC RESOLVED to ratify this decision. (Noted)
k) Letters (x 2 – received 18.8.12) from NDC Planning reference “Demolition of garage with formation of parking area and erection of gates (Reference No 54160) and Conservation Area application for demolition of garage (Reference No 54161) at Linwood, Old Quay lane, Instow”: -
The Clerk said this stated that these applications had been WITHDRAWN and were no longer being considered by NDC Planning. (Noted)
l) Letter (received 18.8.12) from NDC Planning reference “Outline application for erection of one local needs dwelling and garage at Venn House, Instow (Reference No 54246”): -
The Clerk said this stated that these applications had been WITHDRAWN and were no longer being considered by NDC Planning. (Noted)
m) Letter (received 18.8.12) from NDC Planning reference “Notification of works to trees in a conservation area in respect of felling of 1 Swedish whitebeam tree at Round House, Instow (Reference No 54455): -
The Clerk said this stated that having considered this application it had been concluded that it did not need planning permission. (Noted)
n) Letter (received 20.8.12) from NDC Planning reference “Residential development of 277 houses with associated public space, affordable housing, recreational facilities, landscaping and access following the demolition of existing buildings, and the refurbishment of 2 former military buildings for community uses (amended plans and supporting documents) (further amended information relating to changes to key buildings. Character area 2 and signalised junction) at former Fremington Army Camp, Fremington, Barnstaple EX31 3BJ Grid Ref: 251232.070764601 – 132802.354439235(Reference No 53147): -
(i) The Clerk said this letter had been forwarded to IPC Cllrs with email addresses (20.8.12); for response, as an adjoining parish, by 6th September 2012. (Noted)
(ii) The Clerk reported that as a result of a majority response from IPC Cllrs he had forwarded the following response to NDC Planning (email dd 4.9.12 refers); “I am pleased to advise you that Instow Parish Council’s Planning Sub Committee has discussed the above application and has resolved to recommend APPROVAL but on the sole and unambiguous proviso that the alternative access road to this brownfield site, as identified by the Army Camp Safe Access Group, is adopted. If not, then IPC recommends REFUSAL on the grounds that the access road to the site, as proposed by the developers (and that is still referred to in above application), is unacceptable and inappropriate citing particularly serious road safety implications in both accessing and egressing the site from/onto the main Barnstaple to Yelland road (B3233)”. (Noted)
(iii) IPC RESOLVED to ratify this decision. (Noted)
(o) Letter (dd 17.8.12) and draft programme from Barnstaple Town Council reference “Planning School”: -
(i) The Clerk said this stated this was to take place at the Castle Centre, Barnstaple on Saturday 13th October 2012 between 9.15am and 4pm – cost per delegate £15. (Noted)
(ii) The Clerk said he had forwarded a copy of the email etc. to Cllrs with email addresses for response by 31st August 2012. (Noted)
(iii) The Clerk reported that no Cllrs had put themselves forward for this training opportunity. (Noted)
(p) Extension to dwelling at The Coach House, Anstey Way, Instow (Reference No 54559): -
(i) The Clerk reported receipt (8.9.12) of this application and of having passed it immediately to Cllr Moores (Vice Chairman - 10.9.12) for the attention of IPC PSC; for reply by 26.9.12 or an extension to be applied for. (Noted)
(ii) The Clerk confirmed that an entry had been placed on the Instow website for the information of parishioners. (Noted)
(iii) After a brief discussion IPC RESOLVED to let its PSC continue with the necessary enquiries and recommend as appropriate; the Clerk reminded the PSC of the deadline date for the response i.e. 26th September. (Action: IPC’s PSC)
(q) Letter (received 8.9.12) from NDC Planning reference “Approval of details in respect of discharge of condition 4 (roof materials) attached to planning permission 50588 at 1 – 4 Kiln Close Lane, Instow (Reference No 54042): -
(i) The Clerk said this stated that the submission (received 10.5.12) to use Marey Eternit Birkdale Blue/Black fibre cement slate tile for the above condition, the local planning authority had determined that these were acceptable; tiles to be fixed by copper nails and not clip hangers. (Noted)



2209/13 ANY MATTER RAISED AT THE DISCRETION OF THE CHAIRMAN
a) Permissive Footpath – Old Pipeline off Tarka Trail between Old Power Station and Picnic Area”: -
(i) Cllr Cann said that Fremington Parish Council (FPC) wished to enquire whether IPC would be agreeable to the above “unofficial” access footpath from the Tarka Trail to the flood defence footpath adjacent to the river estuary being proposed as a “permissive path”; he added that if IPC were in favour that FPC would deal with the necessary paperwork and liaise with DCC’s Public Rights of Way Committee. (Noted)
(ii) After a discussion IPC RESOLVED to support this recommendation of FPC and Cllr Cann was asked to thank FPC for raising the matter and agreeing to take the necessary action. (Action: Cllr Cann)
b) Unspecified Subject: -
(i) The Clerk was asked by Cllr Harper to leave the room prior to him raising a particular matter. (Noted)
(ii) Clerk’s Note: - The Clerk was subsequently advised (17th September) that the matter under discussion was “Parish Clerk – Review of Pay and Conditions”. (Noted)

There being no other business the meeting was closed.