Page 1 of 9 DRAFT Minutes of Parish Council Meeting held on 17.02.20

Minutes of Parkham Parish Council Meeting held on Monday, 17 February 2020 in the Allardice Hall at 7.30pm.

Chaired by: Councillor G Bridger Clerked by: Sue Squire

Present: Councillors Agenda: - Ms S Dorey & Mr S Kearney, TDC G Bridger Parkham Website R Brooke Representations from the public P Dack Co-option of Parish Councillors T Heywood Apologies T Lang Declarations of Interest M Slee Approval of the Minutes of the Parish Council Meeting D Stevens held on 6 January 2020 Reports District Councillor S Harding Planning & Planning Correspondence Matters Arising Mrs S Dorey, Monitoring Officer TDC Compliance Mr S Kearney, Planning & Economy Finance Manager, TDC Meetings attended by Councillors / Clerk Correspondence & Notices / Publications received 2 Members of the public Urgent items raised by the Chairman Matters raised by Councillors / Clerk including Highway matters Items for the next Agenda Date of next meeting

Action: 128. Mrs S Dorey and Mr S Kearney of Torridge District Council were present and spoke about Dispensations and Section 106 Agreements.

Section 106 Agreement. Mrs Dorey confirmed that the Section 106 Agreement in respect of the Hawkcan View development was in respect of the transfer of a public open space to Parkham Parish Council. There was a contribution towards it for maintenance and enhancement of the public open space and it was Parkham Parish Council’s decision as to how it chose to use it for the open space or not.

Mrs Dorney advised that she would not consider car parking facilities to be part of the public open space. She had been in discussion if the play area currently in the grounds of the Allardice Hall could be in the public open space to create car parking, but not on the public open space.

The monetary contribution has to be spent in ten years, otherwise there was a risk that it had to be returned to the developer. It was entirely up to the Parish Council regarding how the Parish Council could spend it, as long as it could be shown that the area had been enhanced or being maintained.

Councillor Lang asked if the money should be spent right away or reserved for maintenance. Answer: The Parish Council should be aware if any money is left, it would have to go back to the developer. When the money is received, it can be spent immediately.

It was pointed out there are maintenance implications over the ten years and some of the funds would be required for this.

Dispensations. Mrs Dorey spoke about when Dispensations should and should not be granted.

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A Dispensation is granted if it would impede the business of the Council which means that the Parish Council would not be quorate if the Dispensation was not granted.

The above paragraph refers to the only time a Dispensation should be granted. Mrs Dorey had referred to Parkham Parish Council’s Standing Orders and noted that three Parish Councillors were required for the meeting to be quorate. If the number was below the three Members, then a Dispensation should be considered.

Because Parkham Parish Council would be quorate with the minimum number of three Parish Councillors, the Dispensation granted to Councillors Brooke and Lang no longer applied.

Q: Are people with a Personal Interest not eligible to vote? A: It would depend on the nature of the Personal Interest. It is the Councillor’s responsibility to declare the interest.

Q: How would you define personal interest with a Councillor not benefitting personally. A: If the Councillor is on two separate Committees or organisations that have conflicting views. It was accepted that in small communities that people may be on separate organisations. If there are opposing views, that would cause difficulties.

Councillor Brooke advised he was not aware of the issue until he saw the Agenda and gave an example of why it had been raised.

He and Councillor Lang have a special Dispensation as Members and Trustees of the Allardice Hall and as a group, they have an interest in land about the public open space. It had always been understood that it (the land) would be eventually going to the Trustees. The discussions had been wide ranging with people not always in total agreement and it could be suggested that there are two bodies.

He and Councillor Lang are the Chairman and Secretary of the Trustees of the Allardice Hall and within discussions there has been talk about how the land is managed in the future. The Parish Council had voted and made a decision. There are on-going discussions and they have Dispensations.

Mrs Dorey was of the opinion that Councillors Brooke and Lang could act on behalf of both bodies. She added that it was hard to act in the interest of both organisations.

There were also difficulties regarding the equation of the Parish Council regarding sufficient Councillors to be present to make decisions and be quorate.

Mrs Dorey reiterated that the Standing Orders state that the Parish Council only needs three Councillors to make a decision and there is no reason for Councillors Brooke and Lang to be granted a Dispensation. Fundamentally, she did not see how Councillors Brooke and Lang can act in the best interest of both organisations.

Mrs Dorey continued by stating that Councillors Brooke and Lang also have a legal duty in respect of the Allardice Hall. She confirmed it is a clear conflict and she was of the opinion that in this instance, a Dispensation should be granted as Parkham Parish Council can continue without them in the room.

Councillor Bridger fell it was important this issue was clarified now as the Parish Council was straying outside of the Standing Orders.

Mrs Dorey stressed that it was all about public perception.

Councillor Dack advised Mrs Dorey that a Sub Committee had been formed comprising four members of the Allardice Hall Committee and one Parish Council had been invited to join the Committee. He did not feel this was balanced. Page 3 of 9 DRAFT Minutes of Parkham Parish Council Meeting held on 17.02.20

Mrs Dorey said that Sub Committees are helpful although they cannot make decisions. Recommendations can be made to the Council and this was quite normal.

Councillor Bridger was concerned how such a Sub Committee meeting would be perceived by the public with no connection to the Allardice Hall or the Parish Council, with discussions potentially about details of a Lease where it is a Landlord and tenant meeting.

Mrs Dorey advised that the Parish Council representative would advise the Parish Council what had been discussed. No decisions could be made without the Parish Council voting on it. The Sub Committee would have discussions and report back to the full Council and the public will be able to hear the outcome of the Committee.

129. Parkham Website - Mr D Butterworth was not present and had advised there was no new information.

130. Representations from the Public. 130.1. Letter from a parishioner regarding the poor state of Parkham Green. Circulated separately to Councillors for studying ahead of the meeting.

Councillor Bridger declared a Personal Interest as editor of the Parkham Pie, to whom the letter had been sent as an open letter and would be published in the next edition. This item was further discussed under Minute No. 142.1.

130.2 Mr C Wileman thanked the Parish Council for the e-card of thanks received following his resignation as a Parish Councillor. He discussed his letter of resignation, highlighting some incidents.

Mr Wileman continued to be disillusioned with DCC Highways stance, in particular the data regarding speeding at Horns Cross. He had been assured that this would be available shortly. There was a concern that when dealing with Highways, they quote the percentages and averages which Mr Wileman felt meant nothing. If Highways provided figures giving actual statistics, it would show how many had speeded.

130.3 Junction at Northway. Historically the Parish Council had recommended that planning permission should go ahead for the Northway development but had concerns about the junction onto the A39. In fact, Councillors had attended the TDC meeting when the Application was considered where it was heard that the Planning Manager was concerned about this issue.

There had been a recent accident at the junction with a car written off. The Police had given the car owner, who was exiting the Northway junction the option of going to Court and paying a fine with 3 points on their licence or attend a Driver Awareness Course. When the Planning Application was considered by the Planning Inspectorate, the junction was felt to be in order. Should a similar Application come before the Parish Council, this incident should be borne in mind.

130.4 An applicant with a Planning Application to be considered later spoke about the reasons for the Application. He is from a farming background and required the agricultural building to rear calves. He stores lambs to rear and sell on and rents land. The neighbour has no objection.

131. Co-option of Parish Councillors to fill the three vacant seats on the Parish Council. No letters of application had been received.

132. Apologies. County Councillor T Inch, District Councillors R Boughton and Mrs A Dart.

133. Declarations of Interest. Councillor Bridger. Personal Interest in matters relating to the Parkham Pie.

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Councillors Brooke and Lang. Prejudicial Interest in Minute No. 135.5 – Hawkcan View, as Members (Secretary and Chairman) and Trustees of the Allardice Hall.

134. Approval of the Minutes of the Parish Council Meeting held on 6 January 2020. Approved and signed as a correct record after it was noted under Minute No. 118.1 that it was not a draft Lease, but a discussion document that had been sent for Councillors to look at.

135. Reports. 135.1 County Councillor T Inch. When sending his apologies, he advised that Acre Road is due to be resurfaced in the next financial year.

135.2 District Councillor Harding spoke about the Bucks Mills sewerage scheme which would be discussed under Minute No. 137.7.

135.3 Planning Sub Committee. No meeting had taken place.

135.4 Horns Cross Issues. Councillor Bridger attended a site meeting with the DCC Neighbourhood Highways Manager on 15 January 2020 in conjunction with a site meeting requested by Parish Council. A report had been circulated separately to Councillors and was noted.

The Neighbourhood Highway Manager stressed the importance of reporting potholes. If the DCC website interactive map does not show any on a road, it is assumed the road is in good condition.

A manhole cover at Horns Cross, reported a few times, is to be reported by the Clerk. Clerk 135.5 Hawkcan View.

Councillors Brooke and Lang declared a Prejudicial Interest, left the room and did not take part in the discussion.

Councilllor Bridger advised that the discussion document he had prepared and circulated to Councillors at the last meeting had been discussed at great length at an Allardice Hall meeting. No feedback, other than they thought the document as long, had been received.

The document was now irrelevant as a draft Lease had been prepared by TDC.

Councillor Bridger suggested the TDC draft Lease was circulated to Councillors.

Mrs Dorey spoke about the Lease. The Leases are registerable at the Land Registry who advise what Clauses have to be included in the Lease.

She suggested that at the next Parish Council meeting, thought must be given about the number of

years the Parish Council are going to offer the Lease for, with possible break clauses.

Mrs Dorey advised it was important to decide the term, who is liable to maintain the public open space, what the Parish Council would expect the ground to look like, rent, maintenance and insurance. When this had been agreed, the document would then be in a suitable draft state to pass to the Parish

Council’s solicitors to draw up the Lease.

Mrs Dorey was advised that the Parish Council took a vote about the Lease at the October meeting. At that time, the Parish Council had been under great pressure to proceed, and unfortunately it now transpired that misguided facts were given by District Councillors as what the Parish Council must have in the Lease.

This included a 999 year term Lease as directed by a Heads of Term Agreement. Mrs Dorey confirmed this was not the case. The Heads of Term Agreement was not relevant, it was the signed Section 106 Agreement which was the binding document.

Mrs Dorey confirmed that it is up to the Parish Council as to what to decide to put in the Lease, not the Allardice Hall Committee and not Pearce Construction. Page 5 of 9 DRAFT Minutes of Parkham Parish Council Meeting held on 17.02.20

The Parish Council will be passed the land under the conditions of the Section 106 Agreement and Mrs Dorey reiterated that it was for the Parish Council to decide what went in the Lease.

The basic legal framework has to be included in the Lease and any possible regulations will apply.

Mrs Dorey advised that in the legal document, there are no requirements for the Parish Council to grant a Lease at all. She was present at this meeting to interpret the Lease. The Parish Council is getting the land and it is up to the Parish Council to decide. The Lease provided by TDC is to give guidance if the Parish Council were minded to grant a Lease.

Councillor Dack was of the opinion that the Allardice Hall Committee did not realize that the land would be the Parish Council’s to give and it would appear that the Allardice Hall Committee were under the mistaken impression that the land has to be given to the Allardice Hall because it is next door.

In reply, Mrs Dorey advised that in the Section 106 Agreement, it will be kept as a public open space.

How Councillors want to define it is the decision of the Parish Council.

The only stipulation in the Section 106 Agreement is that the land comes to the Parish Council and remains a public open space with the accompanying money to be spent upgrading or maintaining the public open space for ten years.

Councillor Bridger asked if the Lease is one issue and the money is a separate issue, not connected with the Lease.

Mrs Dorey advised that it was the decision of the Parish Council what is done with it within the public open space. The Section 106 Agreement binds the Parish Council with the money, which must be spent on a public open space, or provide evidence spent on maintenance.

Mr Kearney spoke about the value of a working group to bring back recommendations from it to the

Parish Council. The terms of the Lease try not to make it prohibitive for what the Parish Council want the land to be. He suggested that the Parish Council would not want the Lease to be anything less than a certain number of years to be able to obtain grant funding.

Mrs Dorey advised that if there were any questions on the Grant Agreement, she would be willing to

attend a further meeting if required, or she could give advice over the phone.

The money from the developer would go to TDC and then be transferred to the Parish Council.

Mrs Dorey and Mr Kearney were advised that at the Parish Council meeting in October, where Councillors agreed to Lease the land to the Allardice Hall Committee for 999 years was mis-directed and it would be necessary to vote again.

The Parish Council’s intention is to grant a Lease to the Allardice Hall Committee and that the piece of land is to be used for the benefit of the parishioners of Parkham.

The Parish Council were in agreement to granting a Lease to the Allardice Hall, but not until the contract was signed and the Lease would not start until the transfer had occurred. Mrs Dorey would email the terms.

135.6 Parkham Welcomes 2020. Councillor Bridger reported that nearly 70 people attended and the

cost was slightly more than had been previously agreed.

135.7 Climate Emergency Network. Councillor Bridger had prepared a Biosphere Parish Report for Parkham Parish dated January 2020. The document had been circulated separately to Councillors and was noted. To be completed again in January 2021. Jan 2021

136. Planning and Planning Correspondence. Page 6 of 9 DRAFT Minutes of Parkham Parish Council Meeting held on 17.02.20

136.1 Planning Applications: Clerk • 1/0065/2020/FUL – Erection of agricultural building & alterations to existing access – land at Grid Reference 236033 120612, Parkham Ash. It was resolved to recommend approval with the comment that the Parish Council was encouraged to note this enterprise.

• 1/0021/2020/FUL – Erection of stable block with new access, track and turning area – land adjacent Long Close Cottage, Parkham It was resolved to recommend approval.

• 1/1145/2019/FUL – Erection of 2 detached dwellings – Garden of Mount Pleasant, Parkham It was resolved to recommend approval.

• 1/0036/2019/DIS – Discharge of conditions 3, 5, 6 and 7 of planning permission 1/1209/2018/LBC – Brittons Farm, Parkham It was resolved to recommend approval.

• 1/1148/2019/DIS – Discharge of conditions 4, 5, 6 and 7 of planning permission 1/1208/2018/FUL – Brittons Farm, Parkham It was resolved to recommend approval.

136.2 The following TDC Decision Notices were noted: APPROVALS for § 1/0473/2019/LBC & 1/0472/2019/FUL – Two story side extension and a single story rear extension at Raymonds Downwater, 2 Downwater Cottages, Bucks Cross. § 1/1133/2019/FUL – Demolition of property due to unsafe nature of cliffs – The Bluffs, Bucks Mills § 1/0960/2019/FUL – Removal of condition 4 (ancillary accommodation) of planning permission 1/1019/2018/FUL – South Yeo, Yeo Vale, . § 1/0934/2019/FUL – Proposed storage building – 2 Woodlands, Putford

136.3 TDC Guidance on Planning Enforcement Procedures. Details circulated to Councillors. Noted.

137. Matters Arising: 137.1 Former Councillor Wileman. It was noted that an e-card of thanks had been sent and was greatly appreciated. 137.2 Refurbishment of the Bus Shelter. One quotation had been received. The contractor to be Clerk requested to include within the quote the price for replacing the rotten timbers. The Clerk to remind the other contractor that a quotation was awaited. 137.3 Air Ambulance Night Landing Site. Councillor Lang advised that the situation was unchanged. 137.4 Community Emergency Planning. The document had been updated as per the details supplied by Councillor Bridger. 137.5 Parkham Green Sign. It was noted that the contractor had suffered an accident and could not deal with the sign at present. 137.6 Parkham Notice Board. It was noted that the contractor had suffered an accident and could not deal with the sign at present. 137.7 Bucks Mills drainage issues. Councillor Bridger had represented Parkham Parish Council at a meeting of Woolsery Parish Council. Councillors had been circulated separately with a report. The Clerk had received correspondence and more details were given. The residents had signed up to the scheme.

Councillor Bridger gave brief update of situation: § Sewage can no longer go into the watercourse. This had greatly affected the people at Bucks Mills. Page 7 of 9 DRAFT Minutes of Parkham Parish Council Meeting held on 17.02.20

§ Properties at Bucks Mills were divided 50/50 between Woolsery and Parkham. § It had been suggested that a sewage scheme was instigated. § The proposal was to write to South West Water requesting them to look at installing a system. If they refuse, TDC will ask them to reconsider.

Councillor Bridger had asked how much money was involved exposing people to have the connection and was advised that there is a connection contribution which was relatively small. Residents would have to pay to have a connection and contribute to water rates from South West Water. Currently, they do not have to do this.

Water is regularly tested off Hartland Quay, Westward Ho! and Bucks Mills. South West Water rarely see numbers above 1 or 2 at Hartland Quay and Westward Ho!

Off Bucks Mills, it never drops below 1,000.

District Councillor Harding advised that grant funding would be available. If the arrangements go through TDC, it would have to be done as soon as possible but if through Parish Councils, there would be an element of time.

Councillor Stevens asked if people owning holiday homes would be classed as parishioners. Councillor Bridger advised that those owners had been contacted.

The question was: Are we as a Parish Council, willing to work with Woolsery Parish Council to put forward a proposal to South West Water via TDC to have a study done and scheme produced for the environmental problem?

Clerk Proposed by Councillor Lang to support the plan and work with Woolsery Parish Council. Seconded by Councillor Bridger. Unanimously agreed. 137.8 Nomination of Councillor Lang to attend a Buckingham Palace Garden Party. It was noted that the completed form was submitted to the Devon Association of Local Councils but the nomination was unsuccessful. 137.9 Overhanging trees and branches on the Bideford to Bradworthy Road. It was noted that the Clerk is in correspondence with the newly appointed DCC Neighbourhood Highways Manager regarding this, which has been ongoing for over 18 months. An ELMS Survey was suggested and details of the landowners have been supplied. 138. Compliance. Financial Regulations. While at CiLCA training it was suggested that all compliance should be May APCM considered at the Annual Parish Council Meeting in May and the Clerk has made a diary note accordingly. 139. Finance. 139.1 Balances. Lloyds Bank Treasurers Account as at 28 January 2020: £13,550.10 Clerk Budgetary figures to the end of January 2020 had been circulated to Councillors ahead of the

meeting.

139.2 The following payments were approved and authorised: Mrs S Squire Salary & Expenses (Details were provided to Councillors) Redacted under DPA Ch.No. 690

HMRC PAYE £75.80 Ch.No. 691

Parkham Allardice Hall Hire of Hall for meeting on 6/1/20 £15.00 Ch.No. 692

The Bell Inn Reimbursement for expenses for Parkham Welcomes 2020 £235.00 Ch.No. 693

Georgeham Parish Council Reimbursement for share of training fee in connection with the Ch.No. 694 CiLCA qualification. Item 143.2 below refers. £65.00

139.3 Lloyds Bank Bond. (Legacy Money) It was noted that the amount of £34,469.21, including interest of £128.91 earned for the period 27 July 2019 to 27 January 2020, had been reinvested from 27/1/20 for a further six months at an interest rate of 0.75%. Page 8 of 9 DRAFT Minutes of Parkham Parish Council Meeting held on 17.02.20

139.4 Bank Mandate. The form had been sent to Lloyds Bank for the system to be updated.

139.5 Information Commissioners Office. It was noted that the renewal of data protection had been confirmed and the up to date Certificate received. 140. Meetings attended by Councillors / Clerk. Councillor Bridger and the Clerk had attended a meeting with TDC Monitoring Officer Mrs S Dorey and Planning and Economy Manager Mr S Kearney. 141. Correspondence & Notices / Publications Received 141.1 DCC Highways. Road closure from 6 – 8 May to disconnect water service. Road from Greenfields to Northway House, Horns Cross.

141.2 DCC Highways. Road closure from 16 – 17 April between 9.30am and 3.30pm to safely complete pole test. Road from Parkham Cross to Tuckingmill Cross – road from Tuckingmill Cross to Yeo Vale, Parkham / Woodtown 142. Urgent items raised by the Chairman. 142.1 Letter from resident regarding Parkham Village Green.

Councillor Bridger would respond to the letter, also pointing out that the Parish Council had been GB proactive at that site over the last few years: § White lines had been reinstated in May 2018 § New planter in April 2019 § The phone box was refurbished in September 2018 § The sycamore tree had been checked for disease § A local person had been reimbursed for plants in the planters § The notice board and village sign was currently on the Agenda with a view to both being refurbished § The light was currently on the Agenda with a view to this being repaired

The open letter will be included in the Parkham Pie.

142.2 Hawkcan View. Outside the building site, lorries are turning into the site to deliver materials and have started to excavate ¾ metre of the verge on the edge of the tarmac of the highway. The Neighbourhood Highway Manager is following this up. 143. Matters raised by Councillors / Clerk including Highway matters. 143.1 Councillor Bridger. Defibrillator Contract Renewal with South West Ambulance Service

Trust for the Allardice Hall Defibrillator. Councillors had been circulated separately with the details.

The cost was £1,800 + VAT for 4 years to include a support package. A team of very hard working volunteers monitor the appliances and report back. Clerk Proposed by Councillor Brooke to renew the contract. Seconded by Councillor Lang. Unanimously agreed.

143.2 Clerk’s Training. It was noted that the Clerk had attended two of three sessions in connection with the CiLCA (Certificate in Local Council Administration) qualification, the equivalent of an A Level or NVQ which she is pursuing for the next 15 months, involving a total of 200 hours of work on the submission of a Portfolio. Mrs Squire is setting aside 4 hours a week to do the work.

The Clerk had ascertained at the second session that all Parish Councils must hold an Annual Parish

Meeting. This is separate to the Annual Parish Council Meeting (AGM) and are usually held ahead of the Annual Parish Council Meeting.

An Annual Parish Meeting is not a Parish Council meeting, even though it is convened by the Parish Council, chaired by the Parish Council Chairman and clerked by the Parish Council Clerk.

Mrs Squire would make arrangements for this. Clerk

Under the Smaller Authorities Transparency Code, no other items have been received for Page 9 of 9 DRAFT Minutes of Parkham Parish Council Meeting held on 17.02.20

inclusion on the Agenda. 144. Items for the next Agenda. ⇒ Light in Parkham Village Green invoice ⇒ Report on the Hawkcan View Sub Committee / working group ⇒ Dispensation, requested by Councillor Brooke. The Clerk explained that the matter had been made clear earlier in the meeting by the Monitoring Officer and suggested that if he had further questions he should take the matter up with Mrs Dorey or the Devon Association of Local Councils. 145. Date of next Meeting: Monday, 30 March 2020 in the Allardice Hall at 7.30pm.

The meeting ended at 9.37pm.

Summary of Decisions: Ø Minutes of 6 January 2020 Ø Planning Ø Support of a sewerage plan for Bucks Mills and to work with Woolsery Parish Council Ø Payments Ø Renewal of defibrillator with South West Ambulance Service Trust These Minutes are agreed by those present as being a true record.

Signed: Date: Chair of Parkham Parish Council.