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Seaton Parish Council

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Seaton Parish Council Seaton Parish Council Minutes of Meeting Held on 18 MARCH 2013 Present: Councillor T M Fee (Chairman) Councillor C J Holding Councillor J M Ardron Councillor J Musgrave Councillor P F Bateman Councillor Mrs J Norman Councillor Mrs K P Birkett Councillor J Sandwith Councillor M T Ditchburn Councillor Ms M M Gainford Councillor Mrs L Harwood Clerk: P Bramley Minute No. 198 Minutes of Meeting held on 18 February 2013 Resolved that the Minutes of the Meeting held on 18 February 2013 be accepted and signed as a correct record, subject to an amendment to Minute 182(1), second sentence, to read: ‘Whilst it was made clear that the Council no longer had a legal responsibility for the site, Councillor Sandwith asked that it be recorded that he wished the Council to continue to pay the water rates until such time as there were no allotments on the site.’ Minute No. 199 Apologies for Absence Apologies for absence were received from Councillors Mrs C Tibble & C Woodman. Minute No. 200 Requests for Dispensations None received. Minute No. 201 Declarations of Interest Declarations of interest were received from: Councillor J Sandwith, Item 7, Personal & Prejudicial, Item 13, Planning Application 2/2013/0173, Personal & Prejudicial & Item 17, Personal; & Councillor M T Ditchburn, Item 13, Planning Application TPO/3/1986. Resolved that the declarations of interest be accepted. 1 Minute No. 202 Open Session – Council Tax Increase 2013/14 A question was received from a member of the public, Mr Tom Osler, on why the Parish Council’s element of Council Tax had increased by some 5%, in comparison to no increase from Cumbria County Council & increases below 2% from Allerdale Borough Council & Cumbria Police Authority. It was explained that principal councils had, over the past two years, been offered a grant from central government in return for agreeing to no increase in council tax, an offer which had been taken up by Cumbria County Council & Allerdale Borough Council in 2012/13, & by Cumbria County Council in 2013/14. In addition, for those principal authorities which increased Council Tax by 2% or more in 2013/14, the government would apply punitive action. There was also a gearing effect in terms of making comparisons between percentage increases for different sizes of councils, because of the relative differences in their budget sizes, & the increase in the Parish Council budget produced an annual increase for Parish Council Tax payers of £2.78 per annum, or some 5 pence per week, which was much less, in terms of cash increases, than the lower percentage increases agreed by Allerdale Borough Council & Cumbria Police Authority. It was also noted that, in view of reductions in grant to principal authorities by the government, local councils such as Seaton Parish Council were likely to have to decide whether to take on services in their parishes given up by principal authorities, which could have a direct impact on precepts. Resolved that Mr Tom Osler be thanked for his contribution & the Council’s response noted. Minute No. 203 Open Session – Pot Holes The extent of road disrepair in a number of areas was reported, with particularly bad pot holes at the following sites: 1) Outside 7 Main Road 2) Lowca Lane 3) Near the Coronation Avenue Workington bound bus stop. 4) Calva Brow, near Calva House 5) Barncroft Close Resolved that the matter be reported to Cumbria Highways. Minute No. 204 Correspondence Correspondence received since the last meeting was noted. Resolved that: 1) The Council write to Cumbria County Council, following receipt of the draft Minerals & Local Waste Plan, requesting information on the status of Broughton Moor ‘Dump’ with regard to potential mineral development. 2) Allerdale Borough Council’s comments concerning the Parish Council’s response to Allerdale’s draft Strategic Housing Land Availability Assessment report be noted. 3) CALC’s & Allerdale Borough Council’s comments on the potential to prevent access by horses to parks & playing fields, which it appeared could be 2 controlled through placing a horse prohibition sign on the appropriate land, in accordance with the Cumbria Act 1982, be noted & no further action taken at this stage. 4) The Council note the names proposed by the developer for the housing development off Barnett Drive, & inform Allerdale Borough Council that it supported the name ‘Rose Beck’. Minute No. 205 Parish Rooms Redevelopment Councillor J Sandwith left the meeting for the duration of this item. A progress report from Ken Thompson, Coniston Consultants, was received as follows: 1) Mr Thompson advised that plumbing & electrical works were expected, by the contractor, to be completed by 22 March. This would allow the joiner to complete his work & the decorator to commence. Lighting in the main room would not be fitted until the ceiling had been decorated. 2) The decorator had advised that the best solution for the ceiling was to apply paper followed by a coat of matt emulsion, rather than treating with a covering product, plastering & painting, as previously agreed. 3) Following discussion with the Chairman, a contractor had been asked to quote for the provision of railings & a gate, to a simple design, to the front wall of the building. 4) A quote for the supply of vertical blinds was awaited. 5) A quote had been received from AA Carpets, following the demise of the appointed contractor, for the supply of flooring, to provide & fit the selected carpet & flooring, which appeared acceptable. Resolved that progress on the redevelopment noted, that the variation to the main room ceiling decoration proposed by the decorator be agreed, & that the provision of railings & gate, at an acceptable price, be agreed. Minute No. 206 Council Vacancies Resolved that, following consideration of two applications received, Mrs Joyce King of Woodstock Stables, Sunnyside, High Seaton & Mr Alistair Grey of 22 Calva Road, Seaton, be co-opted to the Council to fill the vacancies created by the resignations of Mrs S C Steel & P Tibble. Minute No. 207 Lowca Lane Allotment Site Members received an update on the position concerning the sale of Lowca Lane Allotment Site. It was noted that: 1) Further to the receipt of information from Cumbria County Council suggesting the potential availability of two areas of land in Seaton, the Council’s solicitor obtained details of the locations, site layouts & access arrangements for the land. Plans of the two sites were received, indicating them to be land in the vicinity of the Water Treatment Plant, off the A595 3 opposite & northwards from the exit from Lowca Lane, & land formerly used as a waste disposal site, on the westward side of the road from Seaton to Broughton Moor, near the turning towards Flimby. 2) The Council’s solicitor had responded, on behalf of the Council, to the letter of 6 February from Sir Tony Cunningham MP, advising that: a) The Council had received an offer of potential land from Cumbria County Council on 18 February & intended to investigate the offer further. b) The Council may consider the compulsory acquisition of land, depending on the outcome of investigations into Cumbria County Council’s offer. c) The Council were aware, not so much of a ‘duty of care’ to the allotment holders but of its statutory duties imposed by the Smallholdings & Allotments Act 1908. d) Whilst the lease of the land had expired some fifty years earlier, the Council were holding over on the lease & paying rent under the terms of the lease. The Council were entitled to charge rent & had been doing so from the allotment holders during the holding period. The Council had continued to pay water rates levied during that period. e) The Council had written several letters to the new land owners seeking a meeting, but had not received a response. f) The notice to quit served on the Council, bringing to an end its tenancy on 1 March 2013, was considered to be a valid one. g) The Council was aware of its statutory duty ‘to provide a sufficient number of allotments……on representation in writing to the Council by any six registered electors or ratepayers resident in the Parish’, & had received such a representation. h) The Council had advertised in the Times & Star seeking landowners who may have had land available to sell or let for allotment purposes, but had received no response from any third party or the new land owners. i) Should the new owners make application for development of land, the Parish Council would have the opportunity to make observations which may include the protection of the species mentioned by Sir Tony in his letter. The Planning Authority would also have to take those matters into account. j) The Council was well aware of the concerns of the allotment holders & was taking steps to fulfil its statutory duty. The situation was not of the Council’s own making but had been precipitated by the service of the notice to quit. 3) A letter had been sent to each allotment holder advising that the Council was intending to treat the position regarding the payment of compensation to the allotment holders as a ‘quid pro quo’, since it had not collected any allotment rent monies due in 2012/13. 4 4) The Council’s solicitor had received the result of an Index Map Search into the ownership of the short length of track leading off Lowca Lane, but not part of the registered allotment title. A pending first registration for mines & minerals was in place, but not an application for ownership, making the title to the land surface currently unknown, &, in the absence of such ownership, the Council’s solicitor’s advice that ownership rested with the owners of the properties either side of the track.
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