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Minutes Council Meeting Nov 28 2022

Minutes of the Meeting of Stoodleigh Parish Council held on November 28th at 7.00pm in the Village Hall

Members present -: Chairman Cllr W Knowles  Vice Chair Cllr J Widdowson  Cllr S Davey  Cllr C Payne  Cllr G Parkman  Cllr G Talbot  Cllr D Wotton

District Cllr A Moore

  1. Apologies – received from County Cllr R Chesterton
  2. Declarations of Interest – none declared
  3. The Public – there were 3 members of the public in attendance
  4. Minutes of the Meeting held September 26th – these were signed as a correct record
  5. Disputed Right of Way, Pond House – it was agreed that the earlier correspondence received from Mr Duckett would be attached to the minutes. Mr Duckett had expressed the view that the minutes did not accurately reflect the situation and wished to clarify his position.
  6. Planning Reports and Outcomes -

74775 North Devon. Hybrid Planning application to provide an Agricultural-Hub comprising: Area 1: Full planning permission for the erection of workshop & storage and distribution uses with ancillary offices, shop & showroom, (sui generis), creation of access and associated works (Phase 1); Area 2: Outline application for the erection of buildings 1, 2 & 3 for agri-business uses falling under Use Class E (a) retail, Class E (e) medical services, Class E (g) Business, B2 workshop & B8 storage and distribution with appearance and scale to be reserved matters (Phases 2 & 3) at Land at Stonelands Cross, Rackenford, Devon – the parish council were surprised that the Highways Officer who had initially objected to the application was now in agreement all be it with some conditions. It was appreciated that alternative commercial sites were unavailable in the short term for such a development but the increase of traffic using the junction was still a concern, especially as the recently approved Gibbet Moor expansion appeared not to have been taken into consideration.  Rackenford Parish Council highlighted that drainage could be problematic from any commercial operation created there as the site was road locked. The parish council were still unanimously opposed, proposed Cllr Knowles and seconded Cllr Widdowson   

21/02310/FULL Erection of 5 holiday lodges and associated parking, a reception/store and an all terrain vehicle store, Highwood and former Holmingham Quarry – permitted with conditions to discharge

22/00968/LBC Consent for replacement back door, The Old Forge – grant permission

22/00999/FULL Erection of a dwelling following the removal of existing building, NGR 289588, Bellbrook Valley Trout Fishery – permitted with conditions to discharge

22/01572/FULL Erection of an all weather riding arena, NGR 292814 120014 West Steart – grant permission

22/01768/CAT To remove 2 ash trees within a conservation area, The Old Farmhouse – no objection

22/02052/HOUSE Erection of a single storey side extension, Highfield – representatives from the parish council had visited the site and had no objection to the plans

  1. Reports

District Council – completion of the bridge over the A361 at Tiverton has been postponed until further funding is available. There is still a significant shortfall in MDDC finance for next year (£900,000) and a number of measures will have to be introduced to combat this, for example increased charges for waste collections and car parking. Council tax will rise by 3%. Cllr Moore explained that a recent promotional Lib Dem poster was somewhat inaccurate and misleading in content. He advised that he had resigned his Cabinet position at Mid Devon District Council largely for personal reasons. He remains as a member of MDDC (ungrouped) and would continue as a link with the Parish Council.

  1. Autumn Fair –

 this was judged to have been a successful event, raising £600 for the parish hall funds and giving the opportunity for residents to have face to face discussion with the councillors.

  1. Footpaths and Highways

Repairs to the Church Path are still outstanding and pre-arranged inspection is now more difficult with the reduction in daylight hours. The Church Path Gates have been adjusted and revarnished, Clerk to send a letter of thanks to Roger Hill. It is possible to cut and hire a wood chipper to deal with the overhanging branches by Stoodleigh Court and hopefully the occupiers will allow the resultant material be blown into their wood. Cllr Widdowson had reported to Highways the poor state of the road surface Spurway to Broadmead X but was amazed to learn that this did not qualify for urgent repair.   Cllr Moore will take the matter up with Cllr Chesterton who has seen the damage first hand.

  1. Playground

With the addition of some extra turf the “fall height” from the slide is now compliant. The new recycled plastic bench is in situ, funded by a grant from MDDC.  The boundary wall which is in need of restoration has apparently been surveyed on instruction from the church but details of this estimate have not been directly released to the parish council. Actual ownership of the wall is still undetermined. The annual bill for grass cutting has been received but Chris Hill may not be available for next year as he is trying to reduce his work load. Cllr Widdowson offered to look into the matter.

  1. Parish Review

Cllr Payne had approached the residents who might be affected if the parish boundary was altered and they expressed no objection to the proposal. It was however somewhat disconcerting that the Stoodleigh suggestion to do this did not feature on the agenda for official discussion later this week. District Cllr Moore is to make enquiries as to the apparent omission.

  1. Fly the Flag

£500 had been forthcoming from DCC towards erecting a flag and pole on St Margaret’s tower and the detailed estimate is less than originally thought. Work is to commence and finish in December.

  1. Crime Prevention

The local Whats App group seems to be working well sharing information but membership could still be expanded. Cllr Talbot will send a reminder on community email

  1. Schedule of Meetings for 2023/4

The following dates were agreed -:

March 27th 2023 Parish Council

May 22nd 2023                    Annual Parish Council & Parish Council

May 31st 2023                     Annual Parish meeting

July 24th 2023                      Parish Council

September 25th 2023         Parish Council

November 27th 2023          Parish Council

January 29th 2024              Parish Council

March 27th 2024                Parish Council

  1. Surveys and Consultations

Fire Service Consultation – on line survey to be completed by 30/11/22

Air Quality Supplementary Planning Document – closes 16th December

Devon Electric Vehicle Charging Strategy Consultation – closes 16th December

It was decided that it was more applicable for individual residents to respond to any of the above

  1. Winter preparation

Councillors to check the salt bins and report to the clerk

  1. Defibrillator

The weekly check rota is proving satisfactory. Replacement pads are on order although it is understood that there is a delay with supplies. The Defib Shop do send out reminders when products are due to expire which is a plus. Battery due for replacement September 2024.

  1. Finance

HSBC current account as at 12/11/22       £10,296.64

The clerk had responded to an enquiry about participatory budgeting from MDDC but it was felt that especially in small rural communities the council already had a good idea of the wishes of the parishioners through daily interaction.  There is always opportunity at the annual parish meeting to put forward ideas. The proposed budget was circulated and it was agreed to leave the precept at £6000.

The following payments were approved –

Defib shop £86.40            J Widdowson £475 + £15.20         Roger Hill £98     Chris Hill £625

Clerk salary £240               HMRC £60           Parish hall £69    Fly the Flag  (St Margarets)  £500

 

END

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Email attachment as referred to in the Minutes (28/11/2022) - Item 5 Disputed Right of Way, Pond House

Dear Parish Councillors,

We are the owners of Pond House and write regarding the statements in the minutes of the 26 September 2022 meeting that “Cllr Knowles has deeds showing the right of way for Pond House – Watery Lane which has been used as a footpath for a number of years. Some landowners are worried that there may be increased use of the track if formally advertised.”

These statements give the incorrect impression that (a) the deed creates public rights of way and (b) the existence of the alleged right of way the subject of Proposal 1 is not disputed, the landowners’ sole concern being increased use. The correct position is that (a) the deed can, at best, have created private rights of way as Tania Weeks of Devon County Council has informed us she made clear to Cllr Knowles when he showed her the deed and (b) the former and current owners of the land over which the Proposal 1 bridleway runs strongly dispute that there is or ever has been any public right of way and either have already or will be submitting evidence to Devon County Council to that effect.

We would have attended the meeting to make this position clear had Proposal 1 been listed as an agenda item, which it was not. In the circumstances, we would be grateful if a corrective statement could be issued. We would not want those reading the minutes to labour under a misunderstanding as to the landowners’ position. As we have said above and for the avoidance of any doubt, the current and former landowners’ position is that there is no public right of way and never has been and that any use without permission amounts to trespass on private land.

We would be grateful if you could forward a copy of this email to Parish Councillor Geoffrey Parkman for whom no email address is given on the website. 

We have copied Cllr Chesterton into this email as we assume that he was in attendance at the meeting in his capacity as County Councillor rather than as a member of the public.

Yours faithfully,

Mark and Kelly Duckett