1 MARLDON PARISH COUNCIL

Minutes of meeting of the Marldon Parish Council held on Monday 14-7-2008 at 7.15pm

MEMBERS PRESENT: Cllrs: Pennington; Benney; Palk; Joinson; Mrs Cox; Mrs Clarke; Thorp; Veasey; Webber and Danby Also: Clerk to the Council: David Eeles; David Kenyon, Chief Planning Officer, South Hams District Council; PCSO Paula Frain.

ALSO PRESENT: 27 members of the public

Before the meeting opened the Chairman, after making some points of his own about the forthcoming local government re-organisation and also the good work Parish Councillors do, invited Mr Kenyon to speak about the Five Lanes Field and then answer any questions. Mr Kenyon reiterated that although the field already had planning permission for general recreational use, any specific changes from current use such as 5m fencing or two story buildings in an area of great landscape value would require further planning permission, and such an application would concern Planning officers if there was going to be a detrimental visual impact. Members of the public asked the following questions:  Foliage along the boundary of the field was already 4 m high in some places and would soon grow further- would this make getting planning permission easier for a 4m fence? Answer: Foliage was regarded as of transient nature, so possibly not.  Jubilee Meadow already has a 4m fence around parts of it, so why not Five Lanes Field? Answer: Mr Kenyon did not know whether planning permission had ever been applied for, as it should have been, or granted, as this was many years ago.  Does the type of netting influence the giving of planning permission? Answer: It depends, but generally not much  Would the field be more likely to be used by gypsies if it was not in use? Answer (from Chairman): It wouldn’t make much difference, the Council would still have to take steps to prevent ingress and remove them if they did. The ditch that had been dug to prevent this had been filled to allow machinery in to cut the field.  If reasonably detailed drawings were done would interested parties be able to seek advice on the likelihood of planning permission being granted? Answer: Yes, without prejudice advice could be given but the owner of the land would have to be informed.  Cllr Palk asked if the field could be used for parking for the Apple Pie Fair. Answer: Highways would object but it could be possible to do a temporary change of use application; however Mr Wolgar said he thought the field may be too boggy. The Chairman thanked Mr Kenyon for coming and being so helpful. 1 2

In order not to delay the police representative further the Chairman dealt with this item at this stage: PCSO Frain reported minor matters of criminal damage in Marldon and warned about cold callers, with the suggestion that this be mentioned in the parish magazine. The Chairman drew attention to indiscriminate parking near the Moorview / Totnes Road Junction and PCSO Frain said that one vehicle had been ticketed.

The Chairman then invited members of the public to speak before the meeting opened. Their queries and comments were duly noted, these would be taken into account in the Council’s deliberations of the matters raised.

Finally the Chairman referred to a meeting of the Parish Council on May 12th, and offered his apologies to Mr Egan if the impression had been created that he had criticised Mr Egans’ involvement in petitions regarding a planning application for Oak Cottage.

1(7.08) APOLOGIES

None

2(7.08) APPROVAL OF MINUTES:

9th June 2008: Unanimously approved.

3(7.08) MATTERS ARISING

9(3.08) Stile on F/P 5: Cllr Cox reported that English Nature have agreed to the works associated with the new stile 8(4.08) Lollipop person request: Clerk had circulated the negative outcome of the survey, although the officer was pursuing other possibilities with the Head teacher 8(4.08) Hedge on Vicarage Hill: Clerk reported that he had not heard from Highways who he had asked to liaise with the owners to see if the hedge could be cut back further. 6(6.08) Dog fouling: Cllr Cox gave the name and contact number of the Dog warden, Mr Henstock, on 861126. 9(6.08) Vicarage Road bus stop hard standing: Cllr Pennington reported that he had taken this up himself 8(6.08) Missing planning application for 5 Butterlake: The Chairman reported that this had been caused by the theft of Cllr Joinsons briefcase 10(6.08) Meeting of Public Grounds and Community Committee: This had not been able to take place due to the unavailability of the Village Hall on the proposed date.

2 3 4. (7.08) POLICE MATTERS

See earlier report

5 (7.08) LOCAL GOVERNMENT REORGANISATION

The Chairman reported on the outcome of the Boundary Committees first stage, which has recommended the single Unitary for Devon concept, with no changes to the boundaries of the existing Unitaries. He said that this was not the worst case scenario, but Torbay could still come back again with expansionist suggestions. The Chairman called for a Public Meeting to discuss the matter on Tuesday 29th January. He also moved that there should be a special meeting of the Council to discuss the matter, but members said they wished to study the proposals in more detail before such a meeting and the clerk agreed to circulate these before the next meeting.

6.(7.08) REPORTS

COUNTY COUNCIL REPORT: 1) C. Cllr Pennington reported that under HATOC legislation all buses would have to be widened and lowered to be more wheelchair user- friendly by 2015, and this could cause problems on the 111 route to Totnes where the road was very narrow in places. 2) C. Cllr Pennington reported that he had succeeded in obtaining another £4000 from DCC for the works on the graveyard, making £8,800 in total. Cllr Joinson had also established that planning permission was not needed for the works on the wall. The Clerk was asked to obtain verification of this in writing. 3) Cllr Pennington has written again regarding the Highways issues outstanding. A reply had been received that Ipplepen Road maintenance has been ordered, and possibly done; Belfield has also been listed for attention in future years.; the Church Hill sign was not likely to be installed as it is felt it would not deter sat. nav. users; bus bays have been installed outside the school on Marldon Cross Hill; a meeting regarding Compton flooding had been arranged but had to be cancelled. Cllr Joinson commented that the point at the Ipplepen Road junction had still not been touched

VILLAGE HALL COUNCIL MEETING: Cllr Cox reported that the flooring in the room they were using was going to be replaced by flooring similar to that in the main hall. The VHC had also asked for Council support for putting a sign in the car park opposite the pub asking customers of the pub to use the car park opposite. However members noted that as a public car park the public can’t be prevented from using it, so such a sign could only be advisory. Members AGREED to take no action on this.

3 4 The VHC has completed an Access Audit under which a list of things to be done had been drawn up. Finally Cllr Cox reported that 30 people had agreed to help with the Apple Pie Fair.

MEG REPORT: Cllr Mrs Cox recorded her thanks to Robin Cox for all the work done. Mr Berlyn had offered to top the bridleway as usual, and also the Five Lanes Field side, but this had been declined.

7(7.08) CORRESPONDENCE

The Clerk reported on the proposed redundancy of telephone booths in Vicarage Road and Furzegood, and members AGREED to ask for them to be listed to protect them. Cllr Cox noted that there were opportunities under the S. Hams Tree Planting scheme for trees to be planted where there was community benefit, but the deadline for applications was Oct. 3rd. The Chairman mentioned that he had been informed of ragwort by the Torbay ring road and it was agreed that the Clerk should write to Torbay Council asking for its removal.

8(7.08) PLANNING

Cllr Pennington following normal practice as a member of South Hams Council Development Control Committee did not participate in any discussion or vote on any planning applications considered by the Council.

1181/08/F: 41 Millmans Rd. Cllr Webber proposed acceptance, seconded by Cllr Danby. Cllr Benney asked if it could be noted that the construction of the fence was to overcome a problem of light pollution and privacy. Motion was passed with one abstention and Chairman not voting. 34/0860/08/F: 2 Lower Tor Cottages Cllr Joinson read a letter of objection. Cllr Benney proposed refusal on the grounds of un- neigbourliness, seconded by Cllr Thorpe; this was carried with one abstention, Chairman not voting. Resubmission of plans to convert a redundant church in Ipplepen Road (34/0948/08/F) were approved with one abstention, Chairman not voting. Cllr Benney reported that work was going on at 10 Marldon Cross Hill; Cllr Pennington said it had been reported to the Planning Dept. who are aware of it.

9(7.08) HIGHWAYS AND MAINTENANCE

4 5 1. Members responded to a request received earlier from a member of the public to request reinstating the sign that used to point to Aptor road from Staverton Road, Clerk to deal. 2. Cllr Palk reported a bad pothole in Widdecombe Lane adjoining Blue Mountain 3. Cllr Joinson reported that Churscombe Road still had potholes, though some had been dealt with. 4. Cllr Veasey pointed out that the recent refurbishment of Ipplepen Road had stopped just short of some potholes.

10(7.08) PUBLIC GROUNDS

Five Lanes Field: The Chairman moved to suspend standing orders for a period to allow members of the public to participate in a debate and this was AGREED. 1. MrWolgar of Pembroke Park, while agreeing that if a group wished to carry out a survey of the parish a decision on the field should be suspended, warned that it should be carried out by an unbiased external body as it was well known that a questionnaire could be couched in terms that predetermined the outcome. He felt the proposal to create an environmental park at the APM had met with general approval, as had Cllr Danby’s proposals. The area isn’t overlooked, and could attract undesirable activity. Tor meadow was often vandalized. Mr Bagget had already had to remove spirit bottles from the meadow. 2. Mr Oxley noted that as regards it being an educational facility where children could help plant trees and bird boxes, there already was an excellent one across the ring road. 3. Mr Harrington of Brockhurst Park noted that this was the third month he had offered his services, and he did not accept the decision of the Council regarding non- Councillors joining Committees. He had attended a meeting of the Devon Playing Fields Association who he said were concerned at the level of consultation. He showed photographs of the field with a 4m high marker which he said indicated that 2 years from now new foliage will cover the fence. He explained the formation of the Marldon Recreation Group who were a group of people passionate about providing better recreational facilities in the Parish. Their aim was to gather the views of 50% of Marldon and report back in 3 months’ time. 4. A member of the public interjected that he felt the public consultation exercise at the Annual Parish Meeting had already voted for and shown that the great majority were in favour of quiet recreational use, however the Chairman and Clerk did not agree that a binding vote had been taken at that meeting. The Chairman noted that Mr Harrington had not mentioned the legal advice in his plans.

5 6 5. Mr Harrington continued that another aim of the group was to establish funding, and Cllr Danby had already established that a 1 metre high fence with wire mesh and 2 field gates would cost £5,000. 6. Cllr Webber said he felt the new group should be given the opportunity to do the work they plan to do. 7. Cllr Cox noted that she and others had suggested at the APM in April that a group such as this should be set up but after 3 months of inactivity it now seeks to overturn a decision the Council has made. 8. Mr Egan said that he had first proposed a concept for the meadow on 7th April 2005 showing planting and a tennis court, but in the end there had been a divided view on this. 9. Cllr Pennington said that groups had been formed in the past to forward these sort of aims and this will have encouraged the formation of this group. 10. Mr Oxley said that here had been requests for the Leisure Committee to have a meeting about this for 14 months, but various reasons had been put forward to delay this, such as the election, and the need to cut the grass. 11. Mr Bragagnolo said Cllr Cox’s comments were accurate, though he didn’t know a vote had been taken. He felt comments against Torbay were discriminatory and inappropriate. He said nobody would want to put up anything without risk assessments. 12. Mr Noble of Pembroke Park said that he represented those whose houses backed on to the field, and were within 15 yds of it. He was very concerned at what went onto the field, and would welcome Cllr Danby’s proposals, but was against any ball games or rowdyism. 13. Mr Ralph said if the field was so contentious perhaps the people of Pembroke Park could buy the field. 14. Mr Oxley objected to the suggestion that football was a rowdy activity. 15. Mr Wolgar said they were not suggesting it was, but it would lead to parking and activity in the evenings. 16. Finally Mr Bragagnolo said that Mr Noble and Mr Wolgar could not speak for all Pembroke Park residents At this point the Chairman returned the meeting to procedure under standing orders

Cllr Danby said that after 3 years of vacillation, he had felt it appropriate to make a concrete proposal at the last meeting. His idea was to stimulate action, and he noted that field wasn’t primarily purchased for recreational use. Cllr Pennington suggested that the new organization looks at all the Council land, not just the new field. Cllr Danby continued that he was prepared to withdraw his proposal for the moment to allow the Marldon Recreation Group time to come up with a proposal.

6 7 Cllr Benney said he was a witness to an event where a ball came aver a 4m fence and almost caused 3 cars to collide- this showed that even a 4m fence was not safe. He also suggested a working party could be set up linked to the council and/or a Cllr could act as liaison with the new group. Cllr Pennington asked whether parishioners could be asked to respond to Mr Harringtons survey without knowing the legal constraints. Cllr Thorpe asked who the members of the group were and Mr Harrington listed the names on the sheet he had earlier circulated, which included Cllr Clarke, Mr Oxley and Mr Egan. Cllr Clarke said that the questionnaire must mention the need for risk assessment Cllr Joinson suggested that the Apple Pie Fair would provide a good opportunity for getting responses. Cllr Cox warned that whatever concept they bought forward, the Council would have to look at it from a legal point of view. Cllr Benney said the Council knew of organizations that provide funding, and that the Chairman also has access to funds. Cllr Clarke asked if that meant they would go ahead with the concept; the Chairman said they were happy to wait for the outcome, there was no time scale. Cllr Clarke said she would be attending meetings of the new group, and the Chairman signalled his approval for that.

11(7.08) FINANCE

The following payments were AGREED:

- Clerks salary & expenses - £429.34 (this includes 1 year’s postage £128.09) - K.J. Thulborn 1x cut : £73.21 - Kirk Fencing for repair of play area: £116.33 - South Hams DC interest and loan repayment: £591.04

Payments- P3 Account

1. Robin Cox, volunteer co-ordinator, path expenses Feb. to date: £124.44

Bank Balances at end June:

Main A/C: £24,897.57 P3 A/C: £585.46 Env. A/C: £339.91 Nat. Sav. A/C: £5,007.17

7 8 The clerk presented the annual return to the external auditor for approval, and it was AGREED that this should be adopted. Members also reviewed the internal audit arrangements which may have to be altered, and it was AGREED to proceed accordingly.

12 (7.08) BUSINESS AT DISCRETION OF CHAIR - None Cllr Palk gave his apologies in advance for meetings at the end of the month when he was tied up with the Totnes Show.

13(7.08) MATTERS UNDER REVIEW. None

14(7.08) CONFIDENTIAL MATTERS(S/O No 66) None

15(7.08) DATE OF NEXT MEETING -Monday 11th August 2008

Meeting closed at 10.35pm

Signed …………………………………………………… ( Chairman Cllr. JT Pennington) 11-8-2008

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