692 SHACKERSTONE PARISH COUNCIL

Minutes of Parish Council Meeting held at Shackerstone Village Hall on Wednesday 21st September 2016 at 7.30pm.

Present: Mr A Wright, Mr M Foley, Mr N Sharpe, Mr P Bannister, Mr D MacIsaac, Mr S Brown, Mrs J Reed, Mr I Ould and Mrs M Cook

There were no apologies.

5 members of the public was present.

944. Declaration of Members Interests and Requests for Dispensations: none were received.

945. It was resolved that the Minutes of the meeting of Wednesday 13th July 2016 were a correct record and the minutes were signed by Mr Wright.

946. Reports from the Borough Councillor, the County Councillor and the Police:

Mrs Cook reported:  HBBC Chief executive Mr Steve Atkinson was retiring and that Mr Bill Cullen would be his replacement. The executive committee would be reduced from 5 to 3 members.  There had been a bid entered in order to improve parking in Castle Street, Hinckley.  HBBC owned brownfield sites would be sold to raise funds.  The PCIF (Parish & Community Initiative Fund) was open and applications for car parking and fencing would be considered if low numbers of applications were received.  LRALC Branch meetings were being considered, Mrs Cook would be asking parish councils if these meetings were considered necessary.  A decision on the combined authority would possibly be made in December and it was unlikely there would be an elected mayor.

Mr Ould reported: An emailed report had been forwarded to councillors.  Issues were being considered with regard to the Good Friday site in .  Legal papers were being served with regard to the closed footbridge and public footpath at Shackerstone Railway following no response from the Shackerstone Railway Society.  Mr Ould had attended a meeting at the George Elliott Hospital regarding changes to services available.  There had been an accident on the A444 near Tywcross Zoo.  Mr Ould had been contacted by local residents regarding concerns they had with regard to the allotments site in Congerstone.  Mr Ould was to make enquiries within LCC with regard to any financial assistance that could be offered with regard to the land purchases.

947. Ward Councillors reports (this item is for ward councillors to raise any local issues, eg blocked drains etc. All items that require decisions, consideration or expenditure are to be an agenda item):  Mr Wright advised that the trees on village green are overhanging the highway and need to be cut back. Clerk to report to LCC highways  Mr Foley reported that the road markings outside the Horse & Jockey need replacing. Clerk to report to LCC Highways  Mr Bannister reported that LCC Highways had sprayed a number of verges around the parish, Mr Bannister suggested a little more care could be exercised in future when this is operation is carried out. Clerk to email to LCC Highways  Mr MacIsaac reported that a number of headstones in Congerstone churchyard had fallen over. This item will be on the agenda for November’s meeting. Clerk to make enquiries

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948. Update on progress of resolutions from last meeting and Clerk’s report: Item 932 – quotations for S106 monies for new fencing and football posts are still being obtained in consultation with Mr Sharpe. Item 932 – salt bin in Shackerstone – application form had been sent to LCC highways and receipt confirmed. The Clerk had been advised that decisions on all salt bin applications were imminent. Item 932 – defibrillators and cabinets had been ordered and delivered. The Clerk was sourcing electrician for installation.

949. Correspondence:  Clerks & Councils Publication September 2016 issue  The Clerk Magazine September 2016  LRALC Newsletter Number 4  Carlton Parish Council Annual Report May 2016, Carlton Horticultural & Produce Show and Carlton News Publication August 2016  Information from HBBC regarding the Parish and Community Initiative Fund increase from £10,000 to £12,000 with a maximum contribution of 60%. There will also be an additional fund called Developing Communities Fund to support larger projects.  Correspondence from LRALC regarding consultation on a possible ‘cap’ on parish and town council tax, Clerk to respond to consultation expressing strong concern and opposition because unexpected costs in a particular year could make a substantial precept increase necessary.  Correspondence from LCC regarding a consultation regarding how the roads, pavements and verges are looked after in the future.

950. Public Participation: no matters were raised.

951. Land and property acquisition from the Crown Estates: The clerk gave the following report:

 General update on the acquisitions The Parish Council’s Solicitors were still progressing the purchase and the Council was still awaiting a structural report for Shackerstone Village Hall from Howkins & Harrison.

 Funding update Estimate costs have been assessed and total costs will be approx. £70,000 -75,000. Therefore the loan total needs to be amended from £65,000 to £75,000.

 Report on meeting held with HBBC regarding loans and grants Following from Maureen Cook’s information regarding a loan from HBBC Mr Wright and Mr Foley met with HBBC officers on 15th August. HBBC gave details regarding a short term loan and information on applying to the Parish & Community Initiative Fund for this project.

 Report on residents’ consultation – total number of houses in parish approx. 367

Total number of responses 51 received Total number who support 46 all purchases Total number of 9 objections 7 of the 9 objections received were to the allotments

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 Update on planning applications: Shackerstone Cemetery Extension – goes to planning committee on 11.10.16, please see additional note 1. Congerstone Cemetery Extension – planning permission has been granted Allotments in Congerstone –This application had been withdrawn and a new application submitted for a parking area only. Please see additional note 2.

It was resolved to increase loan amount from £65,000 to £75,000 with unanimous agreement.

It was resolved to agree allotment policies of 10 half plots, no building to be permitted and the erection of a fence and hedge with unanimous agreement.

A meeting had been offered to residents who had concerns over the allotments in Congerstone. This meeting was to be held on Wednesday 5th October at 8.30pm at Congerstone Village Hall.

952. Play areas, grounds maintenance and general works:  The clerk reported that the posts supporting the noticeboard at Bilstone need replacing, this action was agreed. Clerk to organise repair  The play area inspection reports for July and August were received, a minor maintenance issue was noted.  Both councillors had reviewed the annual inspection reports for both play areas and were to review actions required with the clerk. Clerk and councillors to action  The LCC Highways Dept had previously advised that they would no longer mow the Village Triangle at Congerstone. It was agreed that the Parish Council should take over the mowing of the grass in the interim whilst taking advice from the solicitor on the appropriate course of action. Thanks were expressed to the local residents who had kept this area looking tidy over the spring and summer.  The clerk reported that a homemade swing had been removed from the Congerstone Play Area.

953. Cemeteries: The clerk reported that all wall repairs had been completed at Shackerstone Churchyard.

954. Planning

a. 18.07.16 16/00640/FUL Retention of log cabin for permanent occupation as a dwelling at Barton Hill Fields Farm, Main Street, – no comments b. 27.07.16 16/00680/TPOCA remove 1 x ash tree at 7 Chapel Lane, Congerstone – no comments c. 01.08.16 16/00697/HOU two storey and single storey rear extension at 9 Main Street, Congerstone – no comments d. 23.08.16 16/00748/FUL Erection of a agricultural building with new access from Derby Lane, Shackerstone Fields House, Derby Lane, Shackerstone – no comments e. 07.09.16 16/00792/TPOCA fell of a cherry tree at 31 Main Street, Shackerstone – no comments

Parish Council applications: a. 26.07.16 16/00655/COU Change of use from agricultural land to a burial ground at land west of St Marys C of E Parish Church, Main Street, Congerstone – permission has been granted b. 26.07.16 16/00654/COU Change of use from open land to a burial ground at land north west of St Peters C of E Church, Church Road, Shackerstone c. 26.07.16 16/00657/COU Change of use from agricultural Land to allotments at land north west of Ashby Canal, Poplar Terrace, Congerstone – application withdrawn d. An application for the creation of a parking area at Congerstone Allotments site had been forwarded to Hinckley & Bosworth Council Planning Department.

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955. Finance Funds at 20th September 2016 were: Current Account: £7143.51, Business Manager Account: £57776.11

Direct Debits: Parish Council Telephone line Kalnet4U Ltd £6.41 for July and £5.28 for August

Standing Orders: Jane Reed salary £352.10 paid on 25th July and 25th August 2016

The Crown Estate for play area rent for and Shackerstone of £58.60

Cheques signed since last meeting: 30.08.16 Bosworth Groundcare & Maintenance for half annual maintenance contract £2397.00 30.08.16 The Crown Estate’s solicitors fees £4350.00

Cheques to be signed: 04.08.16 The Crown Estate for Shackerstone Green rent £3.00 08.09.16 Grant Thornton for annual return 2016 fees £240.00 13.09.16 Viking for new printer, toner, envelopes, folders and push pins £549.35 05.09.16 Physio-Control UK Sales Ltd for 4 defibrillators £3120.00 02.09.16 SADS UK for 4 cabinets for defibrillators £1280.00 clerk’s expenses: mileage 29.07.16 leaflet delivery in Barton 3 miles, 30.08.16 measure wall an cheque signing 4 miles 09.09.16 memorial at Shackerstone 4 miles 15.09.16 agenda delivery 10 miles total 21 miles x 45 pence total £9.45 plus heating, lighting and telephone contribution £18.00, Total £27.45

Total cheques this meeting £5219.80

It was noted that the second precept payment of £8546.77 had been received.

Receipt of the External Auditors report was confirmed. There were two matters reported: 1. Order of signing the Annual governance statement (section 1) and the Accounting statements (Section 2) 2. High Levels of reserves

It was noted that the that Notice of Conclusion of Audit for accounts for year ended 31st March 2016 had been posted on all noticeboards and published on the Council’s website.

956. Confidential items: there were no confidential items of business at the meeting.

957. Business for the next meeting: Clerk to look into repairs for fallen headstones in Congerstone churchyard.

958. Date and time of next meeting Wednesday 23rd November 2016 - 7.30pm at Congerstone Village Hall

The meeting closed at 9.00pm.

Signed: Date:

Note 1 - Shackerstone Parish Council – September 2016 Planning application 16/00654/COU extension to cemetery, Church Walk, Shackerstone Further supporting information 1 This note provides further information about the background to the proposal to extend the cemetery and addresses points raised by the Conservation Officer.

Background 2 The Parish Council identified a little while ago that the small cemetery adjoining the churchyard at Shackerstone was getting close to being full, and that an extension would be required. Approaches were therefore made to the Crown Estate with a view to the acquisition of adjoining land.

3 However, the Crown Commissioners recently decided to dispose of the Estate in its entirety. They offered farm tenants the opportunity to purchase their farms, and signalled to the Parish Council that it had the opportunity to acquire land to meet community needs. It has been made clear to us that any land within the estate not purchased by a tenant farmer or the Parish Council, will be sold as a single package to an investor. We do not know who that investor may be.

4 The Parish Council sees this as a once-in-a-lifetime opportunity to secure important long term benefits to the community, by acquiring land already leased together with further land to meet other community needs. Accordingly, it has agreed terms with the Crown Estate for the acquisition of -  the existing play areas at Odstone and Shackerstone, currently leased  the existing village green at Shackerstone, also subject to a current lease  land for extensions to the existing cemeteries adjoining the churchyards at Congerstone and Shackerstone  land at Poplar Terrace, Congerstone, for the provision of allotments  Shackerstone village hall, with an ongoing lease to a local charity

5 The acquisitions and works to bring the cemetery extensions and allotments into use will require a loan of about £75,000 from the Public Works Loans Board. Before a loan application can be made, borrowing approval must be obtained from the Secretary of State for Communities and Local Government. It is a requirement of the application process that any necessary consents are in place before the application is submitted. This has led the Parish Council to make the planning applications for the Congerstone and Shackerstone cemetery extensions now.

Need for an extension at Shackerstone 6 In village communities such as Shackerstone, the local church and graveyard are central to the character of the place and residents’ sense of identity with the village. Whilst few are regular churchgoers, residents value the church for key events in life such as christenings and marriages, and of course burials. It is important to many villagers that they should be able to be buried in the same place as their parents and grandparents.

7 Thus, when the Parish Council was originally notified in 1987 that the churchyard was full and was to be closed, it was felt strongly that the right thing to do was to provide a new cemetery adjoining the churchyard, which could be laid out so that it would function as if it was an integral part of the churchyard. The Parish Council was able to acquire land from the Crown Estate and secure planning permission, and the cemetery came into use with the first burial in 1993.

8 Since the cemetery came into use in 1993 there have been 19 burials, an average of less than one per year. There are now only 11 plots available (depending on whether second plots are reserved for the spouses of those buried). It is apparent that further burial capacity is necessary to continue to meet the requirements of the local community. The Parish Council takes the view that just as it was right to develop the existing cemetery as effectively an extension to the churchyard, it is right to continue the same philosophy. To have

contemplated a new cemetery away from the church would have meant a significant break with tradition, and lost the sense of history and continuity which has been achieved by treating the existing cemetery as an extension of the churchyard.

9 Accordingly the Parish Council approached the Crown Estate with a view to the acquisition of the small area of land the subject of the planning application. Terms have been agreed and the acquisition of the land, together with other land in the parish, is in hand.

10 The extended cemetery will continue to meet the wish for local people to be buried locally. The Parish Council’s policy is only to accept burials of people with a substantial association with the area. Our best estimate is that burials (including interment of ashes from cremations) will continue at a rate of about one per year. It is estimated that the extension will provide about 70 burial plots. Visits to the cemetery by relatives are expected to continue at about the present level.

Proposed treatment of the site 11 The existing cemetery is enclosed along Church Walk and at its west end with a reclaimed brick wall 3 ft high. This reflects the character of the churchyard. The wall has recently been enhanced with traditional style brick copings.

12 The existing wall will be continued alongside the cemetery extension at the same height and with the same materials (reclaimed brick and traditional style brick copings). An opening will be made in the existing wall at the west end of the existing cemetery to provide a pedestrian connection between the two areas. A gate will be provided towards the west end of Church Walk for occasional use for maintenance purposes. The land acquisition from the Crown Estate will include the whole of the section of Church Walk alongside the cemetery extension, so there is no issue about right of access.

13 The existing trees on the site will be retained as an amenity. The land will be managed as, effectively, a lawn until burials take place. No further planting is proposed at this time. When burials take place in the extension area, they will begin with a row along the eastern boundary and progressively work westwards. The Parish Council has a policy on the scale and form of memorials, which essentially aims to keep them simple and low key. We require that the design of each memorial is agreed by the Parish Clerk as meeting the policy, before installation.

14 Apart from providing for future community needs for burials, the cemetery extension will provide the further benefit that it will secure the land as an open area within the village for the long term. It must be anticipated that had the land gone to an investor, they may well have sought to secure residential planning permission on the land. This has been mooted in the past.

15 An additional plan is supplied which illustrates the new wall and gate and shows the trees to be retained.

Consultation with residents 16 In connection with the proposed package of land acquisitions, the Parish Council has carried out consultation with residents. A leaflet was delivered to every household providing information about the proposals, and inviting comments.

17 To date a total of 52 responses have been received, of which 47 support the proposed land acquisitions. Fourteen of the respondents specifically express support for the cemetery extension. Since the consultation relates to the whole package of acquisitions, other responses do not generally refer to specific sites, other than some objections to the proposed allotments at Congerstone. However, it is considered reasonable to assume that expressions of support include support for the cemetery extension. Details can be supplied if required.

Note 2 - Shackerstone Parish Council – September 2016 - Creation of parking area to serve allotments site, land north west of Ashby Canal, Poplar Terrace, Congerstone

Supporting information 1 This note provides information about the background to this proposal.

2 The Small Holdings and Allotments Act 1908 puts a duty on Borough and Parish Councils to provide a sufficient number of allotments if they are of the opinion that there is demand for allotments in their area. Specifically, if 6 or more residents, who are either on the electoral register or who are liable to pay council tax make written representations to the council as to the provision of allotments, the council is under a duty to take their representations into account when deciding whether there are a sufficient number of allotments available.

3 Requests for allotments were received from local residents in Congerstone, so the Parish Council set about trying to find a suitable site. There are currently 9 people on the waiting list.

4 All the undeveloped land around Congerstone is currently owned by the Crown Estate. The Parish Council therefore made approaches to their representatives about a range of possible sites. The only site the Crown Estate was prepared to consider is the land at Poplar Terrace. The land is now in process of acquisition from the Crown Estate along with other land currently leased from them, or required to provide long term burial capacity in the parish.

5 The Parish Council originally understood that planning permission was required for the change of use of land for allotments, and to that end submitted a planning application for change of use from agricultural to allotments use (registered by the Borough Council as 16/00657/COU).

6 However, it was subsequently brought to the Parish Council’s attention that there is published advice and a High Court ruling (Crowborough Parish Council v. Secretary of State for the Environment) that allotments fall within the definition of agriculture, so that no change of use is involved. This was agreed with the Borough Council, and accordingly the planning application was withdrawn.

7 The Parish Council wishes the allotment site to be as unobtrusive as possible and avoid disturbance for residents of Poplar Terrace. It will erect a simple fence and lay a hedge along the western boundary of the site, which will in time match those alongside the canal and Poplar Terrace. No building will be provided by the Parish Council, nor will plot holders be permitted to erect buildings. The site will be marked out for about 10 small plots of about 100 sq m each.

8 The acquisition of the site will include a vehicular right of way over Poplar Terrace. Poplar Terrace is not a classified road, so no planning permission is required for vehicular access. There is an existing field gate to Poplar Terrace, which will be replaced to provide access to the site.

9 The land could be brought into use as allotments without any parking provision on the site, since no planning permission is required for the use. The Parish Council anticipates that allotment holders will generally arrive on foot, but there will inevitably be occasions when they need to use a car to bring materials or produce to and from the site. Poplar Terrace is regularly used by agricultural vehicles, and we wish to avert the possibility of any obstruction to this activity through cars parked in the roadway. Similarly, we wish to avoid the possibility of plot holders’ cars interfering with residents’ amenity or use of their properties.

10 Accordingly it is proposed to create a simple parking area immediately inside the field gate, in the western corner of the site, large enough for about four cars together with manoeuvring space. This will involve no more than laying and levelling stone to provide a hard standing. No other material engineering operations are anticipated.

11 The Borough Council has advised that the creation of the parking area will constitute engineering operations which require planning permission, hence this application.