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. 5) The Council’s solicitor had received a letter from the new land owners’ solicitor, noting that despite ‘notice’ being served on the allotment holders, it did not appear that many, or any, had complied with the notice, & that, should their clients issue proceedings to obtain possession, their clients had asked them to point out that the Council may be responsible for any costs that followed if it was unable to give their clients vacant possession. In addition, the new land owners’ solicitor referred to a request for a meeting between Council representatives & the new land owners made by the Council, stating that they were not quite sure what a meeting would achieve. They stated that their clients requested vacant possession as soon as possible. The Council’s solicitor advised that he was giving consideration to the nature of the Council’s reply, which was likely to refer to the Council not being in occupation of the land, meaning any action by the new land owners would need to be taken against the sub-tenants. 6) Allotment holders attending the meeting advised that it was their opinion that the current allotment holders would not be interested in either of the sites suggested by Cumbria County Council, & requested that land in the ownership of the Village Hall Trust next to the Seaton ARLFC ground be made available. 7) Allotment holders handed in a petition headed ‘Save Seaton Allotments Established 1936 !! Save our hens from a death sentence’, which they advised contained some two hundred people’s names, together with a letter from Mr V Kilgore of 13 Lowca Lane, Seaton, expressing support for the Allotment holders,& requesting information from the Council as to its intentions. Resolved that the current position be noted & that: 1) The Council seek further information on the land offered by Cumbria County Council, concerning terms for the sites. 2) Councillors visit & view the land offered by Cumbria County Council, & consider its suitability as allotment land. 3) The Council request Seaton Village Hall Committee to consider the allotment holders request concerning the availability of land in the ownership of the Village Hall Trust next to the Seaton ARLFC ground for allotments. 4) The Council accept the petition received from allotment holders & give consideration to the letter from Mr V Kilgore.

5 Minute No. 208 Council Website Development of the website was progressing. Information on the background & photographs were still required of some councillors. Resolved that progress be noted & those councillors whose background information was still outstanding provide that to the Clerk.

Minute No. 209 Best Kept Garden Competition 2013 Resolved that the 2013 competition be held during the second week of July, & that the judges be Councillors Mrs K P Birkett, M T Ditchburn, Mrs L Harwood & J Musgrave.

Minute No. 210 Review of Assets 2012/13 Resolved that the updated Assets list be agreed, subject to the amendment of the value of the Jackson Street Bus Shelter to £2,000.

Minute No. 211 Accounts – March 2013 Resolved: that the accounts listed in the schedule, including grant payments agreed at the meeting, totalling £19,652.51, be agreed for payment.

Minute No. 212 Planning Issues

Resolved that the following observations on planning applications be made:

Reference No: 2/2013/0098 Applicant: Mr N Sandelands Proposal: Reserved matter application for erection of detached two storey dwelling with integral garage Location: Allendale, Camerton Road, Seaton Objection as previously

Reference No: TPO/3/1986 Applicant: Mr Robert Galbraith Proposal: Works to Preservation Order Trees Location: Min-y-dow, 4 Main Road, Seaton No Objections

Reference No: 2/2013/0173 Applicant: Mr & Mrs G Clark Proposal: Demolish Single Storey extension & build Two Storey Side & Rear Extension Location: 10 Milburn Croft, Seaton No Objections

6 Resolved: that the following planning application decisions made by Allerdale Borough Council be noted:

Reference No: 2/2012/0931 Applicant: Mr Chris Wynne Proposal: Rear Extension Location: 16 Kelsick Park, Seaton APPROVED

Reference No: 2/2012/0926 Applicant: Mr Raymond Hutton Proposal: Extension & erection of Detached Garage Location: 96 Whitestiles, Seaton APPROVED Minute No. 213 Resolved that an extension beyond 9.00pm be agreed to allow proper consideration of the following items of business.

Minute No. 214 Village Hall Councillor M T Ditchburn advised that the Village Hall Committee had been successful in its application for a grant to replace the roof on the village hall, & that funding was being sought to support a replacement Scout Hut. Resolved that the report be noted.

Minute No. 215 Next Meeting Members were advised that the next meeting would be held on 15 April 2013 at 7.00pm.

Minute No. 216 Resolved that the public & press be excluded from the meeting for the following item of business, by reason of its confidential nature.

Minute No. 217 Ground Maintenance Jackson Street Playing Field Further to Minute 36, 2012, consideration was given to quotes received for the maintenance of Jackson Street Playing Field, to consist of a fortnightly cut & a monthly strim of the edges, effective from 2013/14, from three contractors. The quotes received were as follows: Cockermouth & District Garden Services Ltd £2,160 + VAT A R Scott Ltd £3,470 + VAT ISS Facility Services Landscaping Ltd £560 + VAT Resolved that the Council accept the quote from ISS Facility Services Landscaping Ltd.

The meeting finished at 9.15 pm.

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