KIRKBY OVERBLOW PARISH COUNCIL Minutes of the Meeting of the Council Held on Monday 26 March 2018 Kirkby Overblow School

KIRKBY OVERBLOW PARISH COUNCIL Minutes of the Meeting of the Council held on Monday 26 March 2018 Kirkby Overblow School

Present: Councillors D Yeadon (Chairman), N Rawson, R Denwood, S Snowden. P Perry and A Whiteley In attendance: District Councillor Mrs S Fawcett, County Councillor Mr C Trotter and Mr M Richards (Clerk) Also present District/County Councillor Mr A Paraskos

1. Apologies for Absence All councillors were present.

2. Members’ Declaration of Interest There were no declarations of interest.

3. To receive and if thought fit, approve the minutes of the meeting of the Council held on 22 January 2018

Resolved: That the minutes of the Meeting be approved as a correct record. Proposed by Cllr N Rawson, seconded by Cllr P Perry.

4. Matters arising from the Minutes of the Meeting There were no matters arising from the last minutes, although the Chairman did report that the lamp post at Wharfe View had now been replaced and also that the drainage problem adjacent to All Saint’s Church had resolved itself (fortuitously, as both Yorkshire Water and Mackenzies had affirmed that they were both unable to take any further action) Councillor Rawson also updated councillors on the proposal to renovate the low wall on the Star and Garter car park, using the £500 funding from Councillor Trotter. He asked councillors to approve a contribution of £50 from the Parish Council, to meet the quoted cost of £550 from a local contractor. Councillors approved the contribution and the clerk will forward the funding claim form to NYCC, in order that work can proceed.

5. Questions from the Public None. 6. To report on or consider Planning Applications/TPOs received Consider: (a) 17/05574/FUL –erection of grain store and formation of new vehicular access road – land adjacent to Red House Barn, Harrogate Road, Dunkeswick, LS17 9LW The Parish Council’s response had been Category C ie neither objecting to or supporting the application, but to date no response from HBC has been received. (b) 17/05532/PNAFUL erection of agricultural storage building, land off Swindon Lane, Kirkby Overblow. As noted at 7 (d) below, this application has been refused. (c) 18/00345/FUL - alterations to boundary wall and access, erection of stables, tack room and hay enclosure – land off Swindon Lane. HBC ‘s Planning Portal indicates that the Parish Council was informed of this application, and received hard copy

documents on 7 March. This was not the case and papers were only received on 20 March after the clerk contacted HBC Planning to complain. A request to extend the deadline for PC response to 10 April (thereby providing the statutory 20 day response time) was declined, supposedly because HBC’s own deadline for response was 6 April, and a deadline of only 3 April was granted. The Chairman does not regard this response as acceptable and is to write to the Planning Officer, insisting on a longer timeframe. The Chairman then went through the planning documents, querying some of the proposals such as the number of proposed new buildings as opposed to those already in existence. He also referred to the slight alterations proposed in response to the Enforcement Notice regarding the boundary wall – he did not feel that HBC’s response would be sufficiently robust! He thanked Councillor Denwood for her efforts in circulating residents encouraging individual objections to be made, using examples in a very articulate and persuasive objection letter, already submitted by another resident. The Chairman will submit a strongly worded objection, on behalf of the Parish Council. (d) 18/00761/FUL – new front driveway and parking for 2 cars – 4-5 Park View, Follifoot Lane, Kirkby Overblow. Councillors felt that there would be a negative visual impact with this proposal and, although it was felt that NYCC Highways would not approve this scheme, it was agreed that the Parish Council should object to the application. (e) 18/00999/FUL – erection of single storey extension (revised scheme) Ninekyrkes, Follifoot Lane, Kirkby Overblow. The Parish Council had not objected to the original scheme and, as it was felt that this revision presented no new issues, a response of “no objection” was agreed. (f) Enforcement Notice re 17/04320/FUL - Land Comprising Field At 431708 448851 Swindon Lane – breach of condition 3 iro storage on site. Councillors noted the facts and await a response. (g) Enforcement Notice – Land comprising field off Swindon Lane – re 1) Erection of stables, 2) Siting of van body, 3) Erection of fencing, 4) Signage. See comments at 6(c) above and councillors await further action by HBC. (h) Enforcement Notice – Land comprising field off Swindon Lane – re size of hardstanding. Councillors noted the facts and await a response.

7. To report on Decision Notices received (a) 17/05439/FUL erection of single storey extension, All Saints Meadow, Swindon Lane, Kirkby Overblow Planning Permission Granted Subject To Conditions (b) 16/01882/FUL - retention of 3 cctv and security lights and working light columns Birdwell Farm, Swindon Lane, Kirkby Overblow Planning Permission Granted Subject To Conditions (c) 17/05473/FUL – erection of single storey extension, High Meadow, Barrowby Lane, Kirkby Overblow Planning Permission refused (d) 17/05532/PNAFUL erection of agricultural storage building, land off Swindon Lane, Kirkby Overblow Planning Permission refused (e) 17/05207/FUL - Demolition of existing bungalow and erection of replacement

bungalow (Revised scheme), Field House Bungalow Kirkby Overblow Harrogate North Yorkshire HG3 1HL Planning Permission refused (f) 17/00105/NREFPP - Retrospective application for works to an existing access to include erection of entrance wall and gates - Wharfedale Grange Farm Red House to Castle View Dunkeswick. Appeal dismissed Councillors noted the above outcomes. (g) Planning Enforcement case no: 18/00134/PR05 The Cottage, Wharfedale Grange Farm Dunkeswick Leeds North Yorkshire LS17 9LW. Councillors did not fully understand the nature of this matter, but it was agreed, after further discussion, that the “listed building” status probably applied to the chimney breast not the building as a whole. Further action by HBC awaited.

8. Planning Correspondence

(a) Letter to NYCC Highways re drainage and response. NYCC has responded and blocked drains and gullies have been cleared but further action is still needed. Councillor Trotter will follow up. (b) PC letter to village residents re Articstar application 17/05532/PNAFUL. As reported at 6(c) above, Councillor Denwood has circulated the letter to residents and it is understood that some 25-30 individuals have registered an objection to this planning application. (c) Correspondence with Carter Jonas and their letter to HBC re Articstar application. Noted by councillors. (d) Correspondence between Jane Lurcock HBC, and D. Ritson for Articstar. Noted. (e) Letter to Jane Lurcock HBC re Fawcett application. 18/00710/PNA. The Chairman has queried the apparent lack of action (particularly with regard to notifying the Parish Council) by HBC and was informed that the Planning Officer is still awaiting further details from the applicant before further progress can be made. The Parish Council will be kept informed. (f) Letter re Spofforth with Stockeld Neighbourhood Area designation. The clerk explained that this designation is required before a Neighbourhood Plan can be initiated. All neighbouring parishes need to be informed of this fact, as part of the designation process. There is no other impact on Kirkby Overblow. (g) Email from Kearby with Netherby Parish Council re 1) road signage and 2) litter pick. The Kearby Parish Clerk had queried whether Kirkby Overblow would consider funding road signage indicating "Passing Places" along the stretch between the top of Kearby Cliff through to Kirkby Overblow. This proposal had been considered by the Parish Council and discussed with NYCC who had responded that it should be the responsibility of Kirkby Overblow. Councillors discussed but felt that such expenditure was not justified. Litter pick – Kearby is undertaking a litter pick on 15 April and wondered whether Kirkby Overblow may consider doing its own on the same day? Councillors thought the idea had some merit and will consider practicalities, although it was felt that a Saturday would be a more convenient timing. (h) Grasscutting tender. Tender for grasscutting from the current contractor had been received, indicating no price increase. The Chairman responded that whilst this

was a welcome feature, there had been a significant increase last year and he felt that had sufficient time been available, alternative tenders should have been sought this year. The clerk will initiate this next year, but given the current position, councillors agreed to accept the tender from the current contractor for 13 cuts pa. (i) Vehicle Activated Signs (VAS) – NYCC questionnaire. The clerk informed councillors that he had received a questionnaire from NYCC seeking the views of parish councils on the installation of VAS. Councillors discussed but felt that there was no real need in Kirkby Overblow for these signs – in fact some residents may well object to them. The clerk will complete the questionnaire accordingly.

9. Election arrangements All councillors completed their nomination and acceptance forms, with the clerk providing the necessary electoral register details. He will submit all papers, by hand, as required, by the due date of 6 April.

10. K.O. Village Matters (a) A resident had expressed concern and dissatisfaction with broadband speeds. He will be advised to notify Councillor Paraskos of the actual speed recorded and Councillor Paraskos will raise with the appropriate authority to explore whether any improvement is possible. (b) Walton Head Lane – councillors expressed significant concerns over the standard of the recent re-surfacing work carried out on this road. Councillor Trotter undertook to raise this issue with Highways.

11. Dunkeswick Matters Councillor Snowden informed councillors that Weeton Lane is to be resurfaced as part of the preparations for the Tour de Yorkshire. He also reported that the wooden gate providing access to the public footpath off Weeton Lane had collapsed and the adjacent stile had been broken. He suggested that the best solution would be to erect a fence with a small gate for walkers’ access. Councillor Trotter will follow up.

12. School Activities (a) Councillor Denwood informed councillors that a new Head had been appointed, but only on a temporary basis, for the next two terms, until a permanent appointment is made. She was unsure of the reason for this. She added that school numbers currently are relatively low (95 against a capacity of 105) but this is of no concern. 13. Crime and Disorder The Chairman tabled the crime and disorder report. It was noted that crime was rife in all local villages at the moment (although only 2 cases in Kirkby Overblow) and councillors were encouraged to “spread the word”, urging all parishioners to be vigilant and report all suspicious activity to the police.

14. Accounts & Services (a) The clerk circulated the income and expenditure report, covering the period December to March, and a reconciliation which confirmed that the balances recorded in the cash book agreed with the bank statements (for the current and deposit accounts)

(b) He confirmed that the necessary arrangements with HSBC were now in place to allow payments to be made by bank transfer, with appropriate security controls to provide assurance to councillors of sound governance. 15. Village Events The following upcoming events were noted: a) Choral singing at the Church on 9 April b) Ian McMillan (the “Barnsley Poet”) at the Shoulder of Mutton on 13 April c) Clay pigeon shoot on 16 June 16. Items for information a) Councillor Paraskos raised the subject of the new General Data Protection Regulation (GDPR). The clerk thanked Councillor Paraskos for raising this matter and explained that the new regulation comes into force from 21 May this year. All entities, including parish councils are bound by this. The main thrust of the regulation concerns the security of personal data held and a Data Protection Officer must be appointed to oversee this requirement. Initial guidance from NALC/YLCA had indicated that this post could not be held by the clerk/RFO, but this guidance had been rescinded, so he proposed that he should take on this role. All councillors were in agreement. b) Councillor Paraskos then referred to the “resident circulation list” mentioned in connection with the “Stables” planning application. He thought that under the terms of GDPR, all individuals on that list needed to be contacted, by letter not email, to confirm that they were content for their contact details to be retained by the Parish Council. Councillors were concerned at the time consuming nature of this task and the clerk will contact YLCA to confirm whether letter contact is required or whether email may be used. 17. Any other business The Chairman informed councillors that this was to be the last meeting for Councillor Fawcett who was retiring after 24 years of service on the Borough Council. He thanked Shirley for her support over the years, particularly with regard to planning issues, where her input had been particularly valuable. On behalf of the Parish Council, he wished her a long and happy retirement. Councillor Fawcett responded, thanking councillors for their good wishes, adding that she had always enjoyed attending these meetings and wished the Council well for the future.

The meeting closed at 9.55 pm

Date of the next meeting - Monday 21 May 2018, 8.00pm, preceded by the Annual Parish Meeting 7.30pm, at Kirkby Overblow School.