Loggerheads Parish Council

DRAFT LOGGERHEADS PARISH COUNCIL

Loggerheads Community Fire Station, Market Drayton Road, Loggerheads, Shropshire, TF9 4EZ

Telephone: 01630 673426

[email protected] www.loggerheadsparishcouncil.co.uk

MINUTES OF A MEETING HELD ON THURSDAY, 20th August 2015 AT 7PM,

Ashley Methodist Church, Ashley

PRESENT: J Hodgkins (Chair)

R Claydon G Hughes

E Martin M Hodgkiss

J Pimlott, D Butterworth

J Knight L Gibson

J Vallings P Henshaw

I Douglas G Sedgley

APOLOGIES: Cllrs P Chamberlain, J Friend

IN ATTENDANCE: B/Cllr Northcott and B/C/Cllr D Loades, 1 member of the public.

PUBLIC QUESTION TIME – There were no public questions.

15/08/1 DECLARATIONS OF INTEREST Cllrs Douglas and Hodgkiss declared an interest in item 8ii (grant application) as representatives on Ashley Memorial Hall Committee.

Loggerheads Parish Council Minutes 20.08.2015 Page 1 of 8 DRAFT 15/08/2 PLANNING COMMITTEE (i) The meeting considered the following planning applications and commented as noted: Application No: 14/00425/OUT Applicant: Yardley Cross Developments Ltd Proposed Development: Residential development comprising of 3 No. 4 bedroom dwellings with associated double garages and parking Location: Green Bungalow, Newcastle Road, Loggerheads. OBJECTION: Insufficient information supplied with application; important trees on the site, several of which are included in Tree Preservation Order number 133; long history of applications, 2 bungalows permitted in 2005 which would be in keeping with local area, 3 x 4 bedroom houses is not in keeping with local area and is over development; access for 3 houses onto busy A53 is issue, particularly for plot 1 with driveway too close to shared access onto A53; adverse impact on the character and appearance of the area contrary to Policy CSP1 of the Newcastle-under-Lyme and Stoke-on-Trent Core Spatial Strategy 2006-2026, the aims and objectives of the National Planning Policy Framework (2012) and to the provisions of the Newcastle-under-Lyme and Stoke-on-Trent Urban Design Guidance Supplementary Planning Document.

Application No: 15/00540/OUT Applicant: Ms Jennifer Whittaker Proposed Development: Construction of a single dwelling house on previous garden plot. Location: Land off Doctors Bank, rear of the Steps, Church Road, Ashley. OBJECTION: Against NPPF policy of not building in gardens. Not in sustainable location. On a raised plot, a proposed 2 storey house would overlook neighbours property. Application No: 15/00597/FUL Applicant: Mr & Mrs Lea Proposed Development: Erection of an agricultural storage building Location: Blore Heath Farm, Park Lane, Blore. No OBJECTION Application No: 15/00617/FUL Applicant: Mr P Walker Proposed Development: Detached house. Location: Land adjacent 133 Smithy Lane, Knighton OBJECTION: Against NPPF policy of not building in gardens; area of landscape restoration and open countryside; not in sustainable location; Bus service will cease totally in September 2015; traffic concerns on narrow lane for access and increased congestion because adjacent cottages have no off road parking so have to park on the road, this proposal will just increase the problems. Design & access statement refers throughout to land adjacent to 131 Smithy Lane which is incorrect. Application No: 15/00671/OUT Applicant: Mr Andrew Carpenter Proposed Development: Proposed single 4/5 bed dwelling with detached garage and amended access point. Location: Wrekin, Mucklestone Wood Lane, Loggerheads. OBJECTION: The site is outside the village envelope, is a Greenfield site & would have an adverse impact on the amenity of the local area. This site does not comply with many of Newcastle Boroughs Policies; The proposed dwelling would not serve an identified local need given the amount of 4/5 bedroom houses currently on the market in the parish; There has not been a dwelling of any type on this site for over 45 years - There has never been planning permission granted for the site - there is no mains sewage , water or

Loggerheads Parish Council Minutes 20.08.2015 Page 2 of 8 DRAFT electricity; Mucklestone Wood Lane is a busy narrow road, often used as a cut through from Mucklestone village & is the access to the Chestnut Road & Badger Brow estates . The proposed entrance is at the narrowest point of this lane as the width of road is restricted by oak trees either side of the lane that are covered by TPOs & given the slight bend in the road visibility is very difficult. The large oak tree ( covered by a TPO ) on edge of the site obscures any view from the proposed site access looking to the west & looking east there is a large hedge ( not in the ownership of the applicant ) which restricts the visibility of traffic coming from the A53 & Ashley. The proposed access point is dangerous & not safe - the applicant would not get the legal visibility required without the removal of several trees or trees with preservation orders would have their canopies & roots damaged. The field boundary adjoining the site also has several trees covered by TPOs & these may be at risk given the positioning of the proposed house. The narrow access does not provide a pull in for delivery vehicles such as the postman, refuse collection, who would all need to stop on the lane whilst at the property so blocking Mucklestone Wood Lane & putting themselves and other road users at risk; The proposal would seriously damage the open character of the northern side of Mucklestone Wood Lane and have a detrimental impact on the appearance of the area as there would have to a significant loss of trees. This site was a wildlife haven for over 40 years until it was decimated recently by the land owner. (A tree preservation order was then requested to protect the trees that had not been removed). The applicant's own habitat report says that given the timing he was asked to carry out the survey 'was not suitable for recording most species'; and there is currently no provision for sewage on site & the area is heavy clay (the pool on the north of the site is a marl pool where clay was once taken for the making of bricks) so any septic tank with a soak away could not function as the water from the soak away would not permeate the clay so will find its way into Tadgedale Brook which is on the lower side of the site ( approx. 60 metres). The marl pool is spring fed & is the starting point one of the tributaries to the River Tern.

Application No: 15/00693/FUL Applicant: Mrs B Flackett Proposed Development: Retention of the erection of detached bungalow and formation of new accesses Location: Land adjacent to The Owl House, Tower Road, Ashley.

OBJECTION: It is retrospective and has only just been permitted; the developer has moved the building and added a garage; the original application for a small compact 2 bedroom bungalow is now becoming a much larger property on the same size plot, in what was the garden of the adjoining property. (this is against national planning policy); The addition of a garage at the left-hand end of the property which increases the overall property size; Changes to the design will have an impact on the local area; the simple front door on the previous application has now changed to a double height structure, the overall length of the roof has also increased beyond that shown in the original design – the overhangs at each end of the property are longer than before ;changes to the NE elevation will impact on The Owl House, which directly faces this side. The new plan adds 2 large windows to the master bedroom. The original planning documents specifically stated that there were no principal windows facing The Owl House and the original NULBC council permission also highlighted this point. Because there are now principal windows facing The Owl House the distance between the properties is now a major concern. The planning officer's report for the permitted application noted that "SPG guidance recommends that a distance of at least 10.7 metres be maintained between single storey buildings where one of the properties concerned does not have any principal windows. The proposed dwelling has been designed so that there are no principal windows overlooking the Owl House". However, this new application now Loggerheads Parish Council Minutes 20.08.2015 Page 3 of 8 DRAFT proposes 2 overlooking windows so SPG guidance section 5.4 SD4 should apply, the separation distance should now be 21 metres and not 12 metres from the previous application. The actual distance is 10.63m; and the routing of the drains from The Owl House is shown incorrectly on the submitted plans – both versions.

Application No: 15/00564/FUL Applicant: Mr D. Smith Proposed Development: Demolition of existing conservatory and construction of single storey extension Location: 1 Derwent Drive, Loggerheads.

NO OBJECTION

(ii) The meeting noted that the following applications had been permitted by NuLBC:

Application no: 15/00353/FUL Description of development: Erection of 4 detached houses Location Land adjacent to Halcyon, Tower Road, Ashley. Application no 15/00420/FUL Description of development Retention of a poultry unit and grain silo Location Land off Market Drayton Road, Loggerheads. Application no: 15/00531/FUL Description of development: New roof construction to previous garage conversion Location: 5 Tern Grove, Loggerheads. Application No: 15/00435/FUL Description of development Erection of detached bungalow, associated access and parking arrangements Location: Silver Birch Birks Drive, Ashley Heath.

Application No: 15/00543/FUL Description of development: Single storey side extension forming disabled level access bathroom and bedroom. Location 22 Bell Orchard, Ashley.

(iii) The meeting noted that the following applications had been refused by NuLBC:

Application no: 15/00397/FUL Description of Development: Replacement dwelling Location: Shetland Rise Top Rock Road Ashley.

(iv) Cllr Knight outlined action that had been taken by Shropshire Council following a fire on Saturday 18th at a farm building in Tyrley with potential asbestos contamination. The building was just outside the parish boundary but had an impact on residents living in the parish. On 29th July a site meeting with Shropshire’s Public Protection Officer was held which had resulted in a notice of rectification on Wilson Farms. It was noted that the only planning permission granted had been for agricultural use, not for the current use. Cllr Knight proposed that the Parish Council write to Shropshire Council supporting enforcement of the change of use from agricultural and requesting a planning application be submitted for change of use. All Cllrs resolved that a letter should be sent.

Loggerheads Parish Council Minutes 20.08.2015 Page 4 of 8 DRAFT (v) The Clerk advised the meeting that an invitation had been received from Newcastle Borough Council for a councillor to attend the site visit for the planning application for Eccleshall Road on 10 September at 6.15pm. The application had been considered at the Planning Committee on 18th August and a site visit had been agreed. 15/08/3 MINUTES OF THE PREVIOUS MEETING

On the proposal of Cllr Hodgkins, seconded by Cllr Martin, it was resolved that the draft minutes of the meeting held on Thursday, 23rd July, be adopted, and that the Chairman be authorised to sign them as a correct record of proceedings.

15/08/4 MATTERS ARISING FROM THE MINUTES OF LAST MEETING

The Clerk reported that Cllrs Northcott and Loades had confirmed that the third Monday in the month would be suitable for them to attend future Parish Council meetings subject to any meetings being called by the Borough or County Councils; and street name signs that need cleaning, cut-back or paint refresh for Rock Lane and Chapel Lane had been reported to Borough and County Councils.

15/08/5 COUNCIL MEMBERSHIP

Mr Mark Stokes attended the meeting and set out what skills and experience he would bring to the Council. On the proposal of Cllr Martin, seconded by Cllr Sedgley, the meeting voted to agree the co-option as Councillor of Mark Stokes. Cllr Douglas abstained.

15/08/6 BOROUGH COUNCILLORS’ REPORT

B/Cllr Loades reported that he expected the membership of the Borough’s Planning Committee to change to remove portfolio holders and that he supported the action being taken by the Parish Council on planning matters. Cllr Martin expressed concern with the way the Planning Committee on 18th August was managed. B/Cllr Loades agreed to challenge a possible breach of constitution. 15/08/7 COUNTY COUNCILLORS’ REPORT

C/Cllr Loades reported that the County’s consultation on the mobile library service finished in September and he was reviewing issues with pathway repairs in the rural area.

15/08/8 FINANCIAL MATTERS (i) ACCOUNTS APPROVED On the proposal of Cllr Martin, seconded by Cllr Douglas it was resolved that the following invoices be paid:

Date Details Amount Approv ed

24/07/201 Carerra web site hosting 30/06- 27/07 £90.00 √ 5 25/07/201 Ashley WI – refreshments for Annual Parish meeting £30.00 √ 5

Loggerheads Parish Council Minutes 20.08.2015 Page 5 of 8 DRAFT 28/07/210 P Martin; Playground inspections x July 4 £160.00 √ 5 31/07/201 Panda Press (Stone) Ltd – planning leaflet £15.00 √ 5 6/08/2015 Hall Hire – Ashley Memorial Hall £30.00 √ 6/08/2015 P Adams – grass cutting Burntwood & Tinkers Lane £70.00 √ 31/07/201 Robhill Joinery £91.00 √ 5 24/08/201 Clerk’s wages August: 80hrs £728.88 √ 5 24/08/201 Travel Expenses Clerk: August £6.30 √ 5 24/08/201 Telephone for office £29.99 √ 5 24/08/201 Cheshire Landscape Services – parish maintenance £800.00 √ 5 August 15/08/201 Staffordshire Parish Council Association – Good £22.50 √ 5 Councillor Guides

(ii) GRANT APPLICATION The following application for a grant under Section 137 to a local body from Ashley Memorial Hall was considered for the refurbishment of the gents toilets for £8,500. On the recommendation of the Finance Committee, proposed by Cllr Martin, seconded by Cllr Gibson it was resolved that Ashley Memorial Hall make a 50% application to Staffordshire County Council Village Hall fund for £4,250; AMH contribute £,1500 from fund raising and the Parish Council contribute the shortfall of £2,750 towards the total cost. This would be reviewed subject to the outcome of the application to the SCC Village Hall fund. (iii) ASSISTANCE FOR CLERK

The cost of fixed term provision of assistance to the Clerk was noted. The salary, a laptop and job advert would cost approximately £5,000 for the year.

(iv) The report of the Finance Committee meeting held on 11th August 2015 was noted.

15/08/9 ENCROACHMENT OF LAND AT KNIGHTON

The meeting considered an update on the position relating to the encroachment of land owned by the Council at Knighton railway cutting. A letter, approved by the Council’s solicitor, was sent to the landowner on 27th July, which required the landowner to take action within 28 days. A response was received from the landowner’s solicitor on 11th August which refuted the Council’s claim. A further letter, with photographic evidence had been sent to the landowners solicitor. 15/08/10 FUNDING OF LEGAL ADVICE

The meeting received an update from Adam Hamdy, leader of the Loggerheads Residents Action Group on the position regarding a potential judicial review. He reported that the advice he had received to date suggested that there would be an opportunity to challenge decisions made by the Planning Committee. A sum of £3,000 would be needed

Loggerheads Parish Council Minutes 20.08.2015 Page 6 of 8 DRAFT to cover the costs of solicitor and legal council’s opinion on whether an application for judicial review was worthy of pursuit. If the Residents Action Group did submit an application for judicial review the most cost effective approach would be to use a resident who qualified for legal aid which would protect against “costs being awarded” and reduce the contribution required to cover the cost of the review. The involvement of other parish councils was considered and it was recognised that legal advice would be needed to inform other councils and residents and seek contributions to costs. Adam advised that he had sent letters of complaint to the Borough Council and would also complain to the Local Government Ombudsman. He suggested that the Parish Council ask the Secretary of State to intervene on planning applications for multiple developments to take this responsibility away from the Borough Council. This was considered, but it was agreed that an alternative approach would be adopted at this time. On the proposal of Cllr Martin, seconded by Cllr Gibson, it was resolved to write to the Secretary of State to express concern about the planning decisions made by NuLBC. The need to seek legal advice on spending the Council’s budget on this matter and to ask residents was considered. It was noted that the Council had set aside a sum for legal costs in a previous year and the advice would be in the interest of the residents. Cllr Martin proposed the Council fund up to £3,000 for legal advice, seconded by Cllr Sedgley. All Councillors voted in support of this proposal, Cllr Vallings abstained. It was resolved that the Council would fund legal advice up to a limit of £3,000. 15/08/11 HIGHWAYS COMMITTEE

The Clerk reported that the Highways Committee had met with C/Cllr Loades on 13th August and gone through the list of highways issues that Councillors had identified. C/Cllr Loades had a budget of £10k for road safety initiatives available from May 2016; the Council would need to review the priorities at a future meeting.

15/08/12 FOOTPATHS AND ENVIRONMENT COMMITTEE

The maps for the Loggerheads Loops walks were at the printers and the way markers for the routes have been designed and produced. 15/08/13 YOUTH SUB-GROUP

Cllr Fox reported that numbers at the youth club were low over the summer. The meeting discussed opportunities to encourage 13 and 14 year olds to attend. 15/08/14 WORKING GROUP ON STRATEGIC PLANNING MATTERS

The end of the consultation on the designated area would be 24th August. The Borough Council would produce a report for Cabinet in September recommending that the area of the parish be designated for the purposes of a Neighbourhood Plan. 15/08/15 COMMUNITY INFORMATION SHOP FEEDBACK

There had not been a bid to run the library in Loggerheads by the deadline but LCIS had expressed an interest after the deadline to facilitate the running of the library. 15/08/16 LOCALITY ACTION PARTNERSHIP

The LAP had met on 11th August and agreed to send a letter to all businesses that had large lorries driving through the area to remind them of the need to comply with speed

Loggerheads Parish Council Minutes 20.08.2015 Page 7 of 8 DRAFT limits. Cllr Martin requested that a letter be sent to the company whose vehicles drive through the area containing offal which gives off a very strong odour. 15/08/17 PARISH & TOWN COUNCIL FORUM

Cllr Pimlott and Vallings attended this meeting on 17th August and reported that the main topic had been planning. Mr Benson had re-iterated his commitment to visit all parish councils; a senior planning enforcement officer would be appointed; the intention to send all planning applications to parish councils electronically within 18 months; agreement to address website issues. Recycling would be brought back in house by the Borough Council from April 2016.

15/08/18 CORRESPONDENCE A summary of correspondence received at the Parish Council office between the 24th July and 20th August was noted. A letter received from Follwells regarding the sale of land adjacent to Council owned land in Ashley was discussed and it was resolved to respond that the Council had no interest in the purchase of any additional land in Ashley.

15/08/19 MATTERS REQUIRING ATTENTION WITHIN THE PARISH The following matters were reported: Bennion Way needed cut back; Superfast Broadband had still not been achieved in the parish, it had been expected at Pipegate exchange in May 2015, update required; two vans at Lordsley with scramble bikes reported to police; drug issues at Hugo Way, car wash and Copthorn Corner, report all suspected incidents to police on 101 number; verge at end of Wesleyan Road needed cut back. 15/08/20 DATE OF NEXT MEETING Monday, 21st September at Loggerheads Community Fire Station

Meeting closed at 9.00pm.

Signed......

CHAIRMAN

Loggerheads Parish Council Minutes 20.08.2015 Page 8 of 8