FENITON PARISH COUNCIL Minutes 11 th November 2013 Draft

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1 FENITON PARISH COUNCIL Minutes 11 th November 2013 Draft Councillors present: - M Smith (Chairman), P Privett (Vice Chairman), G Preston, R Crowe-Swords, P Blackmore, C James and N Spence. Cllr Blackmore left the meeting at 20:10 Also present: - Cllr Susie Bond (EDDC), Bridget Floodgate (Parish Council Clerk), PC Dave Smith, Jayne Blackmore (Flood warden) and 8 members of the public. 1. Questions from the public:- Francis Pyle informed the council that the Oak tree on the triangle has lost its leaders so the tree will become a big issue in 20 years time. Crown needs to be replaced and needs to be looked at. He continued to say that he visited the QEII with his Grandchildren and was upset by the state of it. The goalmouth is a foot deeper and fills like a pond. There are mole hills and its filled with lots of holes and the Coxfoot grass is not amenity grass. Under the two sets of swings the two safety areas are below ground level, water and sediment is collecting and they slipped up. The Chairman instructed the Clerk to inform Alex Spry. Francis also queried the tarmac and the Chairman confirmed it is a multi-use games area. Pamela Valentine plans to come to the hearing but would like to know if the days will be split into session. It would be helpful if we can have some idea of the timings are this would be very useful. The chairman confirmed as soon as we have a programme we will publish it to everybody as it s important that they know what s being known on each days. Council is still waiting to hear for how proceedings will be conducted. Val Jones believed we may get 100 people. Further discussions followed regarding space for all those attending continued. The Chairman confirmed that this is an issue for the Planning Inspectorate. Val Jones was delighted to hear that the Parish Council were getting legal representation. She asked how the public bring up points to the Planning Inspector and if this will be included with the Parish Council s presentation. The Chairman said no. The Chairman confirmed that everybody has the right to go along and have their views aired at the hearing as long as they register it at the beginning, you will have the opportunity to present that. The Parish Council cannot present evidence which is not contained within the reasons for objection that EDDC objected to in the application in the first place. The Chairman said We could be subject to costs against us if we introduce something we haven t already laid out. Our statement of case has been submitted and vetted. We are not in a position to add other stuff in but if individuals present their own evidence that will have more sway. The Chairman suggested that as many people, if they feel they have something to put to the enquiry, should attend if they could do so. The inspector should have everything presented to him so he can make a judgement on all the evidence. Each developer may give evidence against the other. The Chairman continued to say he cannot see it being contained within the two weeks but cannot see them adjourning. The chairman updated the meeting regarding what the FPC have done within the last week. The Parish Council with other interested parties met with Neil Parish on Friday 1 st November. It stemmed from the fact that The Chairman and Cllr Bond had been trying to correspond with SWW over the sewerage problem and as they were saying the new development could connect into the sewer without causing any problems. Despite numerous s the Parish Council could not get a satisfactory response. How could the appeal condition which was not connect until remedial works are done on the sewer were at the same time we have sewerage bubbling up in the Burlands and Ottery Road and in and around Metcombe & Sweethams Cottages. The Chairman and Cllr Bond then wrote a joint letter to CEO of SWW and got a response from Head of Waste Water Services. SWW said that Wain Homes paid for a review and we decided on that basis of that review the 50 houses can connect in. Then confirming at times of heavy rain the sewers are hydraulically overloaded. A meeting was called with Neil Parish and the Parish Council and he has responded in writing. The chairman read the letter which enclosed copies of the EA and CEO of SWW correspondence. EA are responsible for ensuring SWW don t pollute and it s a criminal offence to do so. Neil Parish will be setting up a meeting. Irrespective of the development, the question of putting additional sewerage damaging other properties further down the line is not acceptable. Neil Parish s letter also confirmed he had a meeting with the DCLG Ministers

2 Eric Pickles, Brandon Lewis & Nick Boles regarding local government and planning. Nick Boles said at the meeting that the Government is coming forward with guidelines for the Planning Inspectorate where they must take into consideration infrastructure overloads within towns and villages. Neil was told these guidelines would be available within the next two months, he encouraged for these guidelines to be in place before Christmas for the obvious reasons and he confirmed he will pass the information to the FPC as soon as he receives it. This would be useful for the enquiry and the Planning Inspector will have to look at the infrastructure problems we have got within the village. Trying to get EA to take a more proactive look at the way the system works in Feniton. We also know that the treatment works is at capacity and can t cope with anymore. It comes up in the old village down towards Buckerell, the whole system needs to be looked at properly. The Chairman commented on last Monday s village wide meeting where 180 people turned up and informing those who attended about the appeal hearing in January. It was very encouraging at the meeting as a lot of money was pledged for the fees, it was an excellent result. 2. Apologies for absence:- Cllr Claire Wright (DCC), 3. To confirm the Minutes of the Parish Council Meeting held on 14 th October 2013:- The Chairman asked those present if they were happy it s a true record and all councillors were in agreement and the Chairman initialled pages 1-6 and signed page Declarations of Interest from Members and Officers:- Cllr Spence informed the Council he had a donation towards the fund. 5. Police Officer s Report:- The report was read by PC Dave Smith who noted two crimes recorded for Feniton from 11 th October to 11 th November 2013:- 1. Attempt burglary to a garage 2. Damage caused to a car by a super glue type substance Dave confirmed he had a request from Cllr Wright for historic information regarding speeding related data and road traffic accidents in last 10 years in and around Feniton. He needs to discuss further with Cllr Wright and will provide something. PC Smith has reminded that people need to contact him with information of problem times and locations for him to be able to progress a speeding assessment. Cllr Blackmore informed PC Smith about the terrible parking by the school and Louvigny Close and that its difficulty accessing Mount View. PC Smith agreed to look into this. 6. Flood Wardens Report:- There has been numerous weather warnings from the Met Office for heavy rain and storms recently. Several text messages have been sent to alert wardens and each time they have sprung into action. The wardens are regularly clearing leaves and sweeping drains. On the 28 th October, the night of the severe gales that swept through the South West during the night, wardens and residents played a big part in making sure everyone who is prone to flooding, including Sweethams and Metcombe Cottages were OK, had enough sandbags and drains were cleared. The gates to the allotments were shut and Danny Bevan was informed. The gates were opened and sandbags moved before 9am the following morning to ensure that there were no complaints. We are working with the Youth Centre Committee to maintain access for users of the Youth centre as far as it is feasible. Jayne and Susie said thank you to all the volunteer wardens for their hard work in making this scheme the success it has become. Jayne asked if it s possible to have the blankets soon please? The Chairman asked the Clerk to action. 7. County and District Councillors Reports:-

3 Cllr Claire Wright DCC:- Sweethams and Metcombe Cottages and sewage discharge from pumping station Mrs Collins and Mrs Ewings have been in contact with the Environment Agency as they are very concerned about the discharge of sewage into the ditch behind their houses, from the Feniton sewage pumping station. Cllr Wright spoke to EA operative Doug Parker on Monday 11 th November who confirmed that there have been five occasions this year, when sewage has officially registered on the EA systems, discharging into this ditch. Doug confirmed that these, although some lengthy, are in line with what he would expect in heavy rainfall. However, because Mrs Collins and Mrs Ewings are convinced that the station is discharging when it is not raining heavily, or even raining at all, he intends to monitor the situation much more closely from now on. Doug has given a hotline number to the families and asked them to take photographs. Sewage pumping station SWW, said they are going to upgrade the sewage treatment works at the end of 2014 and also said that they will upgrade the works to accommodate the 235 houses proposed. No contributions are requested from the developers going to appeal, for the upgrade. Feniton flood defence scheme Cllr Wright attended the flood defence scheme meeting at EDDC on Thursday 7 th November. Cllr Wright was very concerned that there was so much doubt about the funding for the scheme being safe. Cllr Wright suggested to Keith Steel that Gordon Trapmore Senior EA officer is invited to the next meeting. Gordon is a staunch supporter of the need for Feniton's flood defence scheme and is a very senior manager at the EA with decision-making powers over such schemes and funding. Cllr Wright hopes that Gordon will be able to reassure the Council that the pipe being laid across the Wainhomes development will be classified as the official start of the scheme. Mobile library services Cllr Wright reminded the Council that consultation is ongoing to reduce the service from a fortnightly service, to a monthly service in Devon villages, including Feniton. Some villages, such as Tipton St John, where numbers of residents using the service are very small, are set to lose it altogether. Cllr Wright asked if anyone wished to comment and can they do so before the end of November. Cllr Wright offered to receive e- mails and forward onto the relevant DCC officer. Cllr Bond EDDC:- Cllr Bond informed the council that the local plan is currently for review 10 th February. EDDC s land supply is currently at This would be great but they need a 20% buffer on top which means they need another 1000 homes over the next 5 years. EDDC are confident they can defend those figures at the appeal. Cllr Bond also updated the Council on former Councillor Graham Brown in that the investigation is continuing but there has been a report by EDDC s Internal Auditor of Governance of Councillors regarding whether the systems were in place to counteract any possibility of bribery or corruption. The report concludes that East Devon s systems and process are adequate and that Councillors declarations of interests are in place. It can demonstrate exempt and sensitive information is well managed and a robust complaints procedure is in operation. The report will be presented on Thursday 14 th November. Cllr Bond confirmed her attendance at the Flood Alleviation Meeting. It was confirmed at the meeting that the lagoon proposed will only be created on the site if they get permission to build. Cllr Bond and Cllr Wright have been dealing with the issue of a street light in St Andrews Close. Cllr Wright decided to get the road adopted by DCC confirm it is up to the residents in St Andrews Close to do so and must have a street light before it can be adopted. Cllr Bond is meeting with the residents soon. Regarding rock salt, Cllr Bond asked if we should give up. Cllr Spence confirmed he had received a call and will be viewing the salt on Tuesday but expects the bags to be torn. He will go and see what may be salvageable. 8. Finance: All November s payments were authorised:- 1. B Floodgate Bonus (Oct) chq Alex Spry Salary chq B Floodgate Salary chq HMRC PAYE chq B Floodgate Expenses toner, stamps, phone Chq Garden & Countryside Maintenance grass cutting Chq Feniton C of E School Hall Hire Chq Feniton Toddler Group re-raise expired cheque Chq 2083 The matter was discussed and the Chairman instructed the Clerk to ensure the cheque is returned.

4 9. Correspondence:- a) S137 Grant Application Feniton C of E School. The Chairman asked for all S137 letters to be held for a separate finance meeting to be arranged. b) S137 Grant Application Feniton Toddler Group c) S137 Grant Application Feniton Youth Centre d) S137 Grant Application Feniton Skate Park e) S137 Grant Application 1 st Feniton Brownies f) S137 Grant Application Foundation stage unit (Prev Scallywags) g) Paul Livesey a resident of Westminster Close - Ditch boundary & Maintenance letter - The Chairman read the letter. Cllr Spence had concerns over corrugated iron being attached to the bank if that then came loose it could also block the entire ditch. Cllr Crowe-Swords commented that if it was a main river that Mr Livesey might need to apply to EDDC for permission to do so or he could be liable. Cllr Spence said he should be advised that to speak to someone from EDDC. The Chairman confirmed this was the ditch Keith Steel was going to do something about it. Cllr Crowe-Swords thought that Louvigny close resident s boundary was the fence boundary not including the ditch. The Chairman confirmed that Keith steel said it wasn t EDDC responsibility but that they would do it on the Parish Councils behalf. Further discussions on the frequency of letters and responsibility on title deeds continued. Val Jones informed the Council that Wain Homes are discharging into that ditch. The Chairman instructed the Clerk to chase up Keith Steel and cc Mr Liveseys letter. The Clerk was also asked to send a ditch letter to the houses in Louvigny Close and to respond to Paul Livesey. h) Cllr Wright/Tamara Bennett Bus shelter request for Old Feniton The clerk updated the council regarding further s. The Chairman asked Cllr Wright to continue her discussion. i) Simon Davy EDDC Council Tax Support reduction letter The Chairman instructed the Clerk to review this letter at the finance meeting. j) Mobile Library public consultation - see item 7 Cllr Wright s report k) Viewpoint questionnaire The Chairman read the letter and pointed out what an utter waste of money it was. Cllr Bond suggested we should respond to that effect. The chairman agreed to respond in writing. 10. Planning matters:- 13/2170/FUL Post Office (land adjacent) Feniton, Honiton EX14 3BB - erection of dwelling Mr & Mrs Collins were in attendance. The councillors viewed the plans again. The Chairman asked for any comments. Cllr Spence felt the plans were fine as the dwelling was infill. The Chairman said he had absolutely no problem with the plans but highlighted the fact the Council does have an issue with the fact the council has agreed that we really don t want any more development in this with the state of the sewerage as it is and felt the Council needed to be aware of that point. Cllr Privett said the state of issue is that for over 10 years the sewerage works has been at capacity the council agreed previously that we would oppose any further development that would put further strain on the sewerage system whether that is 100 houses or one and the same principle applies. Cllr Crowe-swords said it would be interesting what SWW said about the connection of the 50 homes as this would connect to the same sewer although its gravity here. Cllr Spence clarified that this won t affect the pumping station but will affect the main treatment plant. Cllr Crowe-Swords asked if is there adequate parking? Mr Collins said yes off the highway. The Chairman asked for a consensus. Further discussion followed regarding the sewerage system and the benefit of infill. Cllr James asked will this be a problem for the appeal and is this a decision we can defend? Cllr Spence agreed that this is on the gravity side of the village. Further concerns were raised concerning the Rule 6 application. Cllr Bond suggested that the Council could agree the application with stipulations. The Chairman asked the Council if they were happy to support the application provided that SWW can give assurances that the treatment works is able to take it. The Council were asked to vote and all councillors were in favour. The Clerk was instructed to follow up.

5 13/2370/FUL Land North of Acland Park retrospective application for residential static caravan for a period of 12 months The matter was discussed by the Council. Cllr Spence confirmed that by the landowners own admission that the land was contaminated with asbestos. This previous admission by Mr Cutlass should have been minuted. The Chairman noted that the site is outside the built up area boundary. Cllr Spence confirmed EDDC are aware of the situation and had not enforced getting the site cleared up. The matter was discussed further. When asked by the Chairman, the Council was in unanimous agreement to rejected this application on two grounds, the site being a health and safety hazard not suitable for a residential caravan and secondly that it s outside the built up are boundary. Cllr Bond reminded the council that this may come up at her committee meetings and she would defend the position of the Parish Council if required to do so. 11. Village Handyman s Report:- Nothing to report 12. Clerks Report:- The Chairman read out the report. The Clerk asked the council if there are funds to replace the Perspex in the noticeboard and is this a job for Alex? Several Councillors agreed that the Perspex was in a poor state. All councillors agreed and the Chairman instructed the Clerk to progress the matter with Alex. The Clerk updated the meeting that she has prepared the letters for the residents affected by sewerage for posting Tuesday 12th. The Clerk asked the council s to agree to hold a finance meeting prior to the Parish Council meeting in December (or sooner). The Clerk has several items already for the agenda (Precept increase, tenders, S137 considerations and agreement of funds for Rule 6 application). The Chairman said the Council must agree to fund the difference between donations and the final bill for Charlie s services. The Chairman asked the Clerk to write and formally take up his services on the basis of his reduced rates ( 9,000 plus any expenses for expert witnesses). Cllr Spence clarified that it covers his opening speech 2 days for interviewing and closing speech which includes 2 days prep for each day representing the Council which equates to It is also hoped that Charlie can call in some favours. The Chairman instructed the Clerk to do so. The Chairman called for a finance meeting and dates were discussed and the 5 th December was agreed as a tentative date for so the agenda can be posted 1 week in advance. The Clerk was asked to organise. The Clerk asked for agreement to place an advert within the parish mag for any outstanding S137 grant applications. The Clerk confirmed she was finalising the last questionnaires and preparing the data for circulation to all councillors. The Chairman confirmed Friday the 15 th was the last day. The Chairman also agreed to pursue discussions regarding collating of evidence. The Clerk attended the Parishes Together meeting on Thursday 7 th. Trying to identify a good cause which meets the needs of several communities is proving challenging. Several groups under discussion including Ottery Help scheme, CAB and youth services. The minutes are due shortly and will be circulated to all Councillors. The Clerk will be attending the SLCC AGM in December. The Clerk wishes to thank Cllr Blackmore and her husband for setting of the Remembrance Day rockets and Cllr Privett for organising the Poppy Cross. The Chairman instructed the Clerk to send a thank you letter to Sue Boyes at 3 Salisbury Ave a thank you note for preparing the cross. The Clerk would also like to ask the council to consider if cancelling or delaying January s meeting would be prudent. The matter was discussed but it was felt the council would be able to fit the meeting in. The Clerk still has to draft a thank you letter to all the people who pledged funds for the Rule 6 fight in January. 13. Individual Member responsibilities:- Cllr Blackmore:- The Chairman read Cllr Blackmore s report. Cllr Blackmore had received a complaint regarding used fireworks collected in St Andrews Close after a bonfire party. The Chairman confirmed we have had this complaint in previous years. They advertised the display as requested. The Parish Council cannot do anything about private fireworks displays.

6 Cllr Privett:- Cllr Privett wanted to update the meeting that the railway platform is not being lengthened for extra carriages, only by 10 metres as a safety issue. Cllr Preston:- Cllr Preston asked if there is there anything we can do regarding cars crossing as the barriers fall at the level crossing. Cllr Preston has seen three go through when the barriers are coming down in the recent weeks. Cllr Preston asked if the Clerk can ask Network Rail about this matter and if they have the ability to look at cctv footage. Cllr Preston thanked Cllr Bond for her husband s grass cutting of the triangle. He had received several thank you s from other residents. Cllr Spence:- Confirmed on Thursday 7 th he attend the flood alleviation meeting. Cllr Spence urged the council to ensure one or two councillors attend each meeting to keep the pressure on. Cllr Crowe- Swords felt it was useful as we raised issues and constantly highlighted that. Cllr Spence said there were several issues discussed. The issue of the discharge going North of Metcombe/Sweethams, if that system stays it may have to be the way it has to be. Cllr Spence continued and can see looking at the drawings there may be some problems but the engineer did say he could look at other options and opened good dialogue. Cllr Bond has asked Keith Steel to stay on top of this. Cllr Spence was not sure how far the scheme has progressed. He confirmed Steve Moore of the EA said there was a question on funding. There is possibly a risk to the funding but their legal team want to ascertain what constitutes a start and then the funding is locked in. Cllr Crowe Swords felt the start date would be once all plans were approved and contractors were on site. If the ditch behind Sweethams & Metcombe ends up requiring compulsory purchase this may cause delay. The EDDC will ask the EA as the major funding is coming from them. Cllr Spence said that overall its positive, but would like to meet the engineer to discuss the discharge position. Cllr Crowe-Swords spoke about the environmental assessment then remedial action, they need a span of time for the study. The Chairman felt it crucial to keep pressure on by regularly attending the meetings and what makes it more useful, is that Cllr Spence is able to talk to them at their own level. Cllr James:- Cllr James has been updating the website as and when requested to do so. Cllr James noticed on Monday that there have been 105 views of the website and we are starting to get traffic. Cllr James will inspect the QEII and report back at December s meeting. There being no further matters the meeting ended at 9:27 PM 14. Date of next full Parish Council meeting: - Monday 9 th December 2013.

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