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MINUTES OF THE DECEMBER 2005 MEETING OF INSTOW PARISH COUNCIL


HELD AT INSTOW PARISH HALL ON THURSDAY 15th DECEMBER 2005 - 7pm

 
Present: - Councillors P Cook, N Crombie, A Johns (Chairman), G May (Part i.e. Items 2512/10 to the end), S White and Mr R Jacob (Parish Clerk)

In Attendance: - Cllr R Cann (DCC), Cllr Mrs L Brown (NDDC) and 3 parishioners.

2512/1 PRAYER
The Clerk led the Council in prayer

2512/2 APOLOGIES
Cllrs M Green, C Harper, Ms A Mayoh and F Scott.

2512/3 POLICE REPORT
a) Crime: - In the absence of Constable Benbow, who had tendered his apologies and tabled a report, the Clerk said that no crimes had been reported within the parish since the last meeting (Noted)
b) Illegal Parking – Boathouse: - (i) The Clerk said Constable Benbow had been paying some attention to this area and that he would be reporting in person at the next meeting. After a discussion it was RESOLVED to ask Constable Benbow to pay particular attention to illegal parking on the bus stop and to cars that were parked and obstructing access to the beach by way of the emergency access gate. The Clerk was asked to liaise with PC Benbow and thank him. (Action: The Clerk)
(ii) Loading Bay – Hours of Operation: - Cllr Cann said he would ascertain what hours were applicable to this traffic order and report back. (Action: Cllr Cann)
c) Neighbourhood Beat Manager (NBM) – Instow: - The Clerk said he was pleased to report that Constable Benbow had now been confirmed as the NBM for Instow and Fremington and that he hoped to spend more time in the parish. (Noted)

2512/4 PARISHIONERS
There were no items from parishioners. (Noted)

2512/5 REPORT COUNTY COUNCILLOR R CANN
Cllr Cann spoke of Litter Bin – Anstey Way Lay-by (should be in place very soon), Hedges – DCC “Landowners Responsibility” Policy, School Transport, Barnstaple Downstream Bridge, Fly Tipping (a major problem that NDDC is targeting), Water Across Highway – Anstey Way (see item 2511/5 (b)) (proposed to install a short length of gully to divert water into nearby drain), Drop Kerb – Silver Threads (for wheelchair access), Ransom Strip Project (a meeting of the steering group is to be organised in the new year to agree consultation and possible bidding process for additional funding that might be necessary), Independent Watchdogs (Audit Commission) (states that DCC is one of Britain’s top performing major councils) and Instow to Bideford Highway (Anstey Way {Signal Box} to Huish Junction (in a poor state of repair i.e. “waves” and potholes - DCC Local Services has been advised). (Noted)

2512/6 REPORT OF DISTRICT COUNCILLOR Mrs L BROWN
Quay Car Park Charter Toilets: - (i) Cllr Mrs L Brown reported that the NDDC Executive had recently met informally and that it was in favour of the new charter toilets being built; it had been agreed that the car park was not suitable for flats. Cllr Mrs Brown said she would continue to keep IPC appraised of developments. (Noted)
(ii) Cllr Cann said the NDDC Executive was unanimous in its view that new charter toilets should replace the current toilets although a valuation of the current planning consent for flats was in hand. (Noted)


2512/7 MINUTES
It was RESOLVED that the November 2005 minutes of Instow Parish Council be approved and signed. (Noted)

2512/8 MATTERS ARISING FROM THE MINUTES
a) Item 2511/8 (a) – Sandhills Ransom Strip: - Cllr Cann said a meeting of the steering group would to be organised in the new year, hopefully prior to the next meeting of IPC, to agree consultation and a possible bidding process for additional funding that might be necessary. (Noted)
b) Item 2511/8 (c) ((i) – (iii) inc)– Instow Beach Cleaning: - (i) The Clerk updated IPC as to his liaison with Andy Bell (NDCCS) and Val Robson (Instow Adopt a Beach). He provided each Cllr with a copy of an email (dd 7.12.05) from Andy Bell that set out some of his thoughts for IPC when reviewing its current beach cleaning strategy. IPC noted that Andy Bell recommended that whatever policy change(s) IPC determined it would undoubtedly involve a tractor. (Noted)
(ii) The Clerk confirmed he had written to SWW (28.11.05) reference IPC’s concern about the “Water Quality at Instow 2005” and advised the Environment Agency of what action he had taken. He reported that no response had been received as of the date of the meeting. (Noted)
c) Item 2511/9 (i) (f) – Devon County Waste Local Plan: - (i) (a) The Clerk advised IPC he had sent an email (dd 21.11.05) to DCC asking for answers to the issues raised by IPC at its meeting of 17.1.05 i.e. “potential for MRF (what does MRF stand for)/waste to energy facility” and “Holmacott”. (Noted)
(b) The Clerk advised IPC of a reply email (dd 8.12.05) from DCC; he read to Council - a copy had been provided to the Chairman beforehand. (Noted)
(c) Cllr Cann said complaints had been received by DCC as regards traffic to and from the site and burning/smoke emanating from the site, both of which were difficult to control. (Noted)
(d) After discussion PC RESOLVED to take no further action. (Noted) (ii) Letter from DCC (16.11.05) concerning “Waste Local Plan – Notes from the Pre-Inquiry Meeting and Objection Reference Numbers”: - The Clerk said he had passed this to the Chairman to read in conjunction with papers as at item 2511/9 (i) (f). The Chairman briefed IPC as to the content. (Noted)
(iii) Letter from DCC (dd 29.11.05) concerning “Devon County Waste Local Plan – Omission Sites”: - The Clerk said this provided a note setting out DCC’s position on each of the omission sites, based on the information supplied with the existing objectors. He added that the stance taken in the note would be that adopted by DCC at the forthcoming inquiry, subject to any further information that may be submitted by objectors in their evidence. The Clerk said he had passed it to the Chairman beforehand for his information. The Chairman briefed IPC as to the content. (Noted)
d) Item 2511/9 (i) (f) – Instow/Allotment Provision: - The Clerk advised IPC of the implications of the Smallholdings and Allotments Act 1908 Section 23. After discussion it was RESOLVED to make enquiries of the current allotment site owner in Instow so as to determine how many plots were currently available on his site, what were his intentions as regards the current allotments i.e. could they be realigned to make more plots for example and did he have any intention of disposing of them in the foreseeable future. The Clerk was asked to deal with this and report back to IPC in due course. (Action: The Clerk)

2512/9 CORRESPONDENCE
(i) Matters for discussion/resolution or noting: -
a) Letter (dd 22.11.05) from Torridge District Council reference “Statement of Community Involvement – Concurrent Running of Regulation 25 and 26”: - (i) The Clerk said this referred to a letter (dd 12.7.05) allegedly sent to IPC by TDC reference “Replacement of Adopted Local Plan with a Local Development Framework”, this change being brought about by the Planning and Compulsory Purchase Act 2004. He said it also involved a change in the way local authorities consulted Statutory Consultees and members of the public. (Noted)
(ii) The Clerk said he had advised TDC (email of 23.11.05 refers) that the original letter (and presumably attachments) had never been received by IPC so it couldn’t comment. (Noted)
(iii) The Clerk advised IPC of a subsequent telephone conversation he had had with TDC Planning Services and correspondence subsequently received i.e. email (dd 9.12.05) and letter/attachments (dd 12.12.05). He reminded IPC that if it was to respond to the relevant papers it had to do so by 26th January 2006. The Chairman took possession of the papers to peruse and circulate to Cllrs prior to the next meeting. (Action: The Chairman)
b) Letter (dd December 2005) concerning “Register of Electors 2005/6: - The Clerk confirmed that the register was now held by him and that relevant notices had been posted at the Post Office and Parish Hall. (Noted)
c) Letter (dd 8.12.05) from Hector Christie (Tapeley Park) reference “Bench Saga”: - The Clerk read the letter to Council and provided Cllrs with a copy for perusal. It was RESOLVED to take no further action. (Noted)
d) Letter (dd 5.12.05) from NDDC reference “House to House Collection – National Missing Person’s Helpline”: - (i) The Clerk said this application was for a licence to collect second hand clothes, for one year in the parish; Cllrs were provided with a copy of the letter. After discussion IPC RESOLVED to advise NDDC it was not in favour of such “open-ended/rolling licences” for "fear of crime" reasons – Clerk to advise NDDC. (Action: The Clerk)
(ii) At the suggestion of Cllr Cann it was RESOLVED to ask a member of the NDDC “Licensing” Team to come to an IPC Meeting in the New Year to give a talk on licensing in general. (Action: The Clerk)
e) Letter (dd 12.12.05) from Torridge District Council (Planning Services) reference “TDC Local Development Framework Annual Monitoring Report (AMR) 2004/5”: - The Clerk said this letter stated that TDC’s AMR could be viewed on TDC’s website www.torridge.gov.uk, TDC Council Offices and Libraries in Torridge. (Noted)

(ii) Taw and Torridge Estuary Forum and associated Matters: - (Placed in “Briefing Folder” for information of Cllrs)
a) Email (dd 8.12.05) from Secretary of TTEF reference “TTEF Minutes – 17th October 2005”

(iii) Matters to note: - (Placed in “Briefing Folder” for information of Cllrs)
a) DAPC Matters (Various): - (i) Email (23.11.05) concerning “Vacancy for Parish Clerk – Chivelstone”, (ii) Email (dd 24.11.05) reference “Online Survey for Rural Crime” – completed by Clerk, (iii) Email (dd 25.11.05) reference “Youth News - Issue 3”: - Copied by Clerk to Parish Hall, (iv) Email reference “NALC National Conference 2006”, (v) Email (dd 12.12.05) reference “Parish Clerk Vacancy – Frithelstock” and (vi) Email (dd 14.12.05) concerning “Particular News 5 from Common Ground”
b) Complaint of dead sheep on Instow Beach (between Boathouse and Atturm Slipway (see also item 2510/9 (iii) (m): - NDDC Environmental Health Dept told – enforcement team to investigate.
c) Letter (dd 21.11.05) from DCC together with Devon Talk Magazine ((Winter 2005)
d) NDDC Members Services Weekly Information Sheet w/c 18.11.05, 25.11.05, 2.12.05 and 9.12.05
e) Agenda of NDDC’s Standards Committee for Wednesday 23rd November 2005 together with Minutes of Meeting of 28th September 2005, Minutes of meeting of 23.11.05 and Agenda for Meeting of 21st December 2005.
f) Agenda for NDDC’s Barnstaple, Fremington and Instow Area Committee for Wednesday 7th December 2005 and minutes of meeting of Wednesday 5th October 2005
g) Letter (dd 30.11.05) and attachment from Nick Harvey MP reference “MP’s Surgeries 2006”: - Posters placed at Post Office and Parish Hall.
h) Agenda for NDDC’s Ilfracombe and Northern Rural Area Committee Meeting of Thursday 8th December 2005 together with minutes of meeting of Monday 3rd October 2005 and minutes of meeting of 8th December 2005.
i) Email (dd 5.1.205) from DCC regarding “Devon In Touch Monthly News Round-Up (December 2005)
j) Strandline Pamphlet (Issue 25 – Winter 2005): - Features Instow’s Adopt a Beach Group.
k) Letter (dd 5.11.05 – received 3.12.05) from Devon Library and Information Services reference “Community Organisations Database – Update”: - Necessary paperwork carried out by the Clerk.
l) Village Green Magazine (Issue 102 – December 2005): - Also contains information on Futurebuilders England, CCD/DAPC Courses (various), CPRE and MVF’s Best Kept Village in Devon Competition 2006 (copied by Clerk to Chairman of IIB) and RSS Update (October 2005). One copy of Village Green placed at Post Office and Parish Hall for information of parishioners.
m) Devon Rural Transport Partnership Autumn Newsletter 2005: - Cllr Green (IPC’s Transport Cllr) to note in particular.
n) Email (dd 9.12.05) from Cllr Harper reference “Bus Stop Seat – Marine Parade (Nr The Quay): - Stated there was a loose slat in the seat; parish handyperson contacted by the Clerk and matter rectified.
o) Agenda of meeting of NDDC of Wednesday 14th December 2005 and minutes of meeting of Thursday 1st September 2005 etc.
p) Letter (dd December 2005 – received 15.12.05) from Citizens Advice Bureau reference “Training in Welfare Benefits”: - For the information of IPC Cllrs who may wish to participate in the training.

2512/10 FINANCE
1. INCOME: -
Parish Carol Singing Event Charitable Collection £ 119.68 TOTAL: - £119.68
2. EXPENDURE: -
Mr O W Cook Tractor Garage Rental £ 32.00
Mr M Harris Village Handyman £ 138.00 #
Mr M Harris Xmas Grass Cut £ 170.00+
Mr P Cook Holiday Pay 2005 £ 153.15*
Mr R W Jacob Clerk’s Remuneration £ 741.00
Mr R W Jacob Clerk’s Expenses £ 461.03
Mr R W Jacob Bonus 2005 £ 234.00=
The Crown Estates Beach Lease 2005 £ 75.00
Inland Revenue Re: R W Jacob £ 275.00
North Devon Hospice Xmas Carol Singing Donation £ 73.22
Children’s’ Hospice (SW) Ditto £ 73.22
RNLI (Appledore) Ditto £ 73.22
Two Rivers Wind Ensemble Ditto – Provision of Music £ 30.00
Hills Jewellers (Barnstaple) Chain of Office-Engraving/Valuation £ 80.00~
Mr N Bragg Purchase of Tractor £ 5,341.25>
Murch Bros (Engineers) Ltd New Tractor Insp Report (inc Vat) £ 117.50$
TOTAL: - £8,067.59
Key: -
# Includes £36 P3 activity
+ Approved as per 2511/10 (5) (e)
* See 2511/10 (5) (c) (viii) (d) – statutory holiday pay 2005
= Approved vide 2511/10 (5) (c) (xiii) (c) – includes £66 tax as at Inland Revenue – R Jacob above
~ Vat of £11.91 recoverable
> Vat of £1,041.25 recoverable.
$ Vat of £17.50 recoverable.

3. BANK – STATEMENT OF ACCOUNTS: -
Lloyds Bank Treasurers a/c no. 02348842 as @ 25.11.05 (Statement = £ 1706.29+
Lloyds Bank Business a/c no. 02350065 as @ 30.10.05 (Statement = £23,261.30*
Key: -
+ According to Clerk’s Records this is £1.44 (5 cheques to the value of £1704.85 not cleared)
* According to Clerk’s Records this is £22,825.98 as at date of meeting.

4. RESOLUTION REQUIRED: -
IPC RESOLVED to transfer £8,070.00 from Lloyds Bank Business account number 02350065 to Lloyds Bank Treasurers account number 02348842 to cover cheques as at 2 above. (Action: The Clerk)

5. MISCELLANEOUS: -
a) Car Park 2006: - (i) The Clerk advised IPC he had told NDDC’s Car Parks Dept about IPC’s intended car park charges for 2006 and was told (email of 21.11.05 refers) that as far as it was concerned IPC would be operating the Quay Car Park in 2006 although NDDC Estates had been tasked with checking the rate IPC pays to cover NDDC’s costs of rates etc. (Noted)
(ii) Letter (dd 12.12.05) from BemroseBooth (Car Park Machine) reference “BemroseBooth put {Customer Service} first”: - The Clerk said this referred to the strengthening of its sales team and had been filed. (Noted)
(b) IPC – Chairman’s Chain of Office: - The Clerk reported that IPC’s chain of office had been valued by Hills (Jewellers), Joy Street, Barnstaple at £495.00 (inc Vat); this was based on replacement value of the chain itself (enamelled guilt badge and ribbon) plus 20 engraved bars. The Clerk suggested that this value be passed to Alliance Cornhill Insurance Company where the current value of the chain was shown as £157.59. IPC RESOLVED to ratify this proposal. (Action: The Clerk)
(c) Replacement Tractor (Item 251l/10 (5) (c) (ix) (f)): - (i) The Clerk advised IPC that he had consulted with Mr G Day (IPC’s IA – 18.11.05) as regards the manner in which IPC should proceed to purchase the “recommended” second-hand tractor and it had been agreed to employ Murch Bros (Engineers) Ltd of Umberleigh to carry out a full inspection and provide an independent report for the consideration of IPC – see expenditure above Item 2. (Noted)
(ii) The Clerk reported he liaised with Mr P Cook (Instow’s Beach Cleaner), the vendor of the tractor (Mr Neil Bragg) and Murch Brothers (Engineers) Ltd and had set the process in motion. (Noted)
(iii) The Clerk advised IPC that Murch Bros’s report was received 2.12.05 outlining a number of minor faults but confirming that the vehicle was otherwise in working order and there were no other obvious faults; it was stressed that the report did not represent a guarantee for the tractor. (Noted)
(iv) The Clerk told IPC that he then spoke (2.12.05) to the vendor of the tractor, Mr Bragg, who agreed to put the identified faults right once IPC agreed to purchase the vehicle. He also agreed to hold the tractor for IPC until its next meeting – 15th December. (Noted)
(v) The Clerk said he had updated Mr P Cook and Chairman. (Noted)
(vi) The Clerk then outlined the cost of the tractor i.e. £5,950 plus Vat (£1,041.25) less the trade in value of IPC’s current tractor £1,650.00 = £5,341.25; he said the Vat element would be recoverable making a total outlay of £4,300.00. The Clerk referred to two telephone conversations he had had with HM Customs and Excise on 18.11.05; namely, “John” of Cardiff (Call Reference BGT/10344 – 1420 hrs) and “Josephine” of Newcastle (Call reference BCI/15045 – 1455 hrs) in which it was confirmed that IPC would be in a position to recover the Vat i.e. is a Local Government Body (see guidance in HM Customs and Excise Notice 749 (April 2002)). The Clerk said he had liaised with Mr G Day (IPC’s IA) on this issue and provided him with a copy of the HM Customs and Excise Notice. (Noted)
(vii) After discussion, IPC unanimously RESOLVED to purchase the relevant tractor and the Clerk was asked to make the arrangements. (Action: The Clerk)
** Cllr P Cook declared an interest on this issue, left the room and took no part in the discussions**
(d) Instow Book: - The Clerk reported receipt of an “Instow Book Reprint – Statement of Affairs as at 31st October 2005” from Honeytone Promotions that he had copied to Cllrs with their agenda papers; IPC is joint copyright holder of this book. (Noted)
(e) Letter (dd 24.11.05) from Portman Building Society reference “Instow Allotment and Recreation Field a/c”: - The Clerk said this letter stated that the Torrington Branch is to remain open. (Noted)
(f) Letter (dd 28.11.05) from DCC Local Services Officer reference “Parish Seats”: The Clerk said this letter acknowledged his letter (vide 2511/10 (5) (h) (i)) and that DCC was impressed with IPC’s inspection and maintenance programme. (Noted)
(g) DCC P3 Footpath Programme: - (i) The Clerk confirmed that IPC’s P3 Claim for 2006/7 had been sent to DCC – total £335.00 (Noted)
(ii) The Clerk provided IPC with an overview of his attendance, with the parish handyperson, to the P3 Xmas Workshop at Rosemoor Gardens, Torrington on 9th December. (Noted)
(h) Email (dd 1.12.05) from John Warlow reference “IPC Grant to Instow, Westleigh and West Yelland Parish News 2005/6”: - The Clerk said this email thanked IPC for its very generous cheque (£400) and expressed appreciation. (Noted)
(i) Letter received 12.12.05) from Inland Revenue reference “Annual Return Online 2006/7”: - The Clerk said he had this in hand. (Noted)

2512/11 PLANNING
a) Outline application for erection of 7 dwellings together with improved access and visibility works on to Quay Lane at Mollands Garage, Quay lane, Instow (Reference No 41172): - (i) The Clerk reported he had spoken (28.11.05) to the NDDC’s Planning Officer for this application and set up a telephonic discussion with him and IPC’s PSC; at the same time an extension was agreed until the IPC Meeting of 15th December. (Noted)
(ii) Following debate IPC RESOLVED to declare an interest as regards this planning applications on the grounds it had a pecuniary interest. (Noted)
(iii) IPC did, however, RESOLVE to respond to a notice, attached to the planning application, that is, a “Notice under Article 6 of Application for Planning Permission (Town and Country Planning (General Development Procedure) Order 1995” on the basis it recommended approval of the application but with the proviso it would like to see a percentage of the development to be deemed as “affordable housing”.
(Action: The Clerk)
** Cllr P Cook declared an interest on this issue, left the room and took no part in the discussions**
b) Conservation area application for demolition of non-listed buildings in connection with erection of 7 dwellings together with improved access and visibility works on to Quay Lane at Mollands Garage, Quay Lane, Instow (Reference No 41173): - The decision taken on this planning application is the same as for item 2512/11 (a) above). (Action: The Clerk)
** Cllr P Cook declared an interest on this issue, left the room and took no part in the discussions**
c) Extension to dwelling at Grove Cottages, 52 West Yelland, Barnstaple (Reference No 41347): - (i) The Clerk reported receipt (26.11.05) of this application and of having passed it to the Vice Chairman for the attention of IPC’s PSC; for response by 16.12.05 or an extension to be applied for. (Noted)
(ii) After a discussion, led by IPC’s PSC, IPC RESOLVED to recommend approval of this application. (Action: The Clerk)
d) Letter (dd 21.11.05) from NDDC concerning “Listed building application for erection of conservatory with internal alterations together with alteration of a door to a window at Cobbles, Bridge Lane, Instow (Reference No 40998)”: - The Clerk said this letter stated that NDDC had refused consent to this application for reasons as listed; however, it should be noted by IPC that the present scheme was considered to be inappropriate by virtue of its detailed design although it was anticipated that these matters could be resolved in due course. He reminded Cllrs he had copied the letter to them with their agenda papers (8.1.2.05). (Noted)
** Cllr A Johns declared an interest on this issue and did not speak**
e) Alterations and extension to flats at The Decks (Flats 1 and 2), Hatton Croft, Marine Parade, Instow (Reference No 41334): - (i) The Clerk reported receipt (1.12.05) of this application and of having passed it to the Vice Chairman for the attention of IPC’s PSC; for response by 19.12.05. (Noted)
(ii) Letter (dd 9.12.05) from parishioner (Graham and Sue Clarke) reference this planning application: – The Clerk read this to Council; the Vice Chairman had previously been advised of the content (12.12.05). (Noted)
(iii) After discussion, led by IPC’s PSC, IPC RESOLVED to recommend refusal of this application on the grounds that it presented privacy/loss of light issues for neighbouring properties and an over-intensification of the site. IPC also RESOLVED to have the application “called in” at the recommendation of Cllr Mrs L Brown. (Action: The Clerk)
f) Extension to dwelling at Highridge House, Millards Hill, Instow (Reference No 41367): - (i) The Clerk reported receipt (3.12.05) of this application and of having passed it to the Vice Chairman for the attention of IPC’s PSC; for response by 22.12.05. (Noted)
(ii) After a discussion, led by IPC’s PSC, IPC RESOLVED to recommend approval of this application. (Action: The Clerk)
g) Proposed re-cladding of the existing Quay Wall along The Quay and Marine Parade, The Quay, Appledore (TDC Reference No 1/2327/2005/FUL): - (i) The Clerk reported receipt (6.12.05) of this application and of having passed it to the Chairman for the attention of IPC’s PSC; for response by 23.12.05 or an extension to be applied for. (Noted)
(ii) After a discussion, led by the Chairman, IPC RESOLVED to recommend approval of this application. (Action: The Clerk)


2512/12 ANY MATTER RAISED AT THE DISCRETION OF THE CHAIRMAN
Instow Community Primary School – Sats Results: - Cllr Crombie advised IPC that Instow School had attained excellent Sats results this year. He said Instow School was the top primary school in Devon (jointly with two other schools) and 135th in the Country as a whole; in addition the school had achieved excellent results in the “value added” sector. IPC RESOLVED to write to the Headteacher, Peter Kent, and congratulate him and his colleagues on achieving such excellent results that brought not only credit to himself, his colleagues and the students but the community as a whole. (Action: The Clerk)

 

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