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Bandleyside Parish Council

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Bandleyside Parish Council BANDLEYSIDE PARISH COUNCIL Locum Clerk: Rachael Kelly, 29 Greystoke Park Avenue, Penrith, Cumbria, CA11 9DB. Tel: 01768 863900 Ormside Ward Meeting – Monday 25 February 2019 at 7.30pm at Ormside Village Hall Minutes Attendees: 11 members of the public, including Stuart Marston, Raymond Colbear, Ian Sowerby (Chairman) Election of Chairman for the meeting Ian Sowerby was proposed by Linda Longley, to be chairman of the meeting, and seconded by Dale Williams. This was agreed. Apologies Alan Scott, Rachel Robinson & Sue Wigley Minutes The minutes of the Ormside Ward meeting held 26 February 2018 were agreed and signed as a true record. Maters arising from the minutes Highways issues all reported and the majority have been actioned. Planning Applications The planning applications received since the 2017 Ormside Parish meeting were noted. Eden District Council: Date valid Application Address & proposal Decision no. 18/12/2018 18/0992 Harrison Leisure UK Ltd, Wild Rose Park, Full Approval Ormside, Appleby-In-Westmorland Erection of leisure, service and amenity building. 16/11/2018 18/0919 Former Methodist Chapel, Great Asby, Full Approval Appleby-In-Westmorland Variation of condition 2 (plans compliance) to amend window and railings and remove gable attached to approval 14/0769. 09/11/2018 18/0906 Old Methodist Chapel, Great Asby, Reserved by Appleby-In-Westmorland Cond Approved Discharge of condition 5 (layby parking) attached to approval 14/0769. 05/09/2018 18/0735 Helm Farm, Ormside, Appleby-In- NOI Approve Westmorland Proposed roofing over of existing slurry store. 28/07/2018 18/0589 Ormside Education Centre, Ormside, Decision not Appleby-In-Westmorland made Variation of condition 2 (plans compliance) (20/02/2019) and condition 3 (foul water drainage) attached to approval 17/0748. 26/06/2018 18/0516 Terrys Farm, Ormside, Appleby-In- Full Approval Westmorland Proposed cattle housing portal building. 16/07/2018 18/0506 Helm Farm, Ormside, Appleby-In- Full Approval Westmorland Proposed roofing over of existing silage clamp. 16/01/2018 18/0044 Hadderdale, Great Asby, Appleby-In- Full Approval Westmorland Agricultural building - dry cow housing. 16/01/2018 18/0046 Hadderdale, Great Asby, Appleby-In- Full Approval Westmorland Agricultural building - cubicle housing. 16/01/2018 18/0047 Hadderdale, Great Asby, Appleby-In- Full Approval Westmorland Agricultural - slurry lagoon. 15/01/2018 18/0026 Helm Farm, Ormside, Appleby-In- Full Approval Westmorland Proposed open space store. Reports An update/report from Burtons & Poor Stock: Burtons Charity and Ormside Poor Stock Annual Report to the Ormside Ward Annual Parish Meeting on 25th February 2019 Assets held by the two charities as at 22nd Feb 2019 are: Investment in the COIF Ethical Investment Fund (Held by Burtons Charity on behalf of both charities) 497.33 Units @ £2.30 = £ 1,144 (2018 - £1,129) Burtons Charity – 69.5% - £795.08 plus cash in Barclays account of £67.72 = Total of £863 Ormside Poor Stock – 30.5% - £349 - plus cash in Barclays account of £6.81 = Total of £356 Income in 2018 from the COIF Investment = £40 Spilt – Burtons Charity - £27.80 Ormside Poor Stock - £12.20 There was 4 Xmas gifts of £5 in 2018 distributed from Ormside Poor Stock There was no grants awarded from Burtons Charity. The Charity Commissions information was updated on their website in January 2019 The Secretary / Treasurer advised that he would be asking the trustees to change banking arrangements from Barclays to Cumberland Building Society. The Secretary / Treasurer also advised that he would be standing down from the position at the next Annual Parish Meeting in 2020. Chris Pearson Secretary / Treasurer An update/report from Ormside Village Hall Dale gave a verbal update, including: • Village hall renovations complete, under budget • Limited improvements are being carried out to the car park area • It was agreed for Ian Sowerby & Stuart Marston to continue as BPC representatives on the village hall committee. • Report attached. Village projects for consideration None Any other matters / Public Forum Pothole at Ormside dip – has been repaired but has since reappeared and needs repairs again The proposed closure of the road in to Ormside was discussed, and it was agreed that this was not acceptable, as it is the only access in to the village. There were questions regarding consultation as BPC were not informed of the road closure. Stepping stones & Ford – The email from Cumbria County Council was discussed, and its contents noted: There is no PROW at the Mill either over the stepping stones or over the footbridge. The nearest is bridleway 354008 to the south. I attach correspondence from March 2016 to Barbara outlining maintenance liability of the stones (letter should also have noted if not adjacent landowner whomever historically placed the stones in the watercourse) [The Highway Authority is only responsible for the maintenance of the concrete ford not the river bed and stepping stones. This is the responsibility of the adjacent landowner.] The Ford crossing is part of an unclassified road, the stones are positioned off the ford and deemed out with the public highway. With regard to Barbara knowing the right person to ask – All correspondence was via me – I believe they may be referring to Barbara indicating the stones were not placed in quite the right location following the ford construction works indicating some stones had moved – tenuous observation really following the flood events Eden has undergone since but as I had a machine in the vicinity at the time I got it to nudge them back in line on a strictly without prejudice basis. I covered the difficulty with making the ford safe to walk across in the last email. [Don’t know who is responsible for the stones – presumably whoever historically placed them in that location – (Previous owners of The Mill or the PC perhaps) No record of CCC historically placing them We did move and replace them to undertake the ford works years ago and perhaps this is why there is a conception they are our maintenance liability. They are not something we would maintain – deemed unsafe form of crossing and potential for third party claim if someone fell or slipped off] I have checked with Legal Services and nothing has been found to suggest we maintain a pedestrian crossing across a ford – as the definition of a ford is that it can be used by people wading on foot or crossing in a vehicle which may get wet. Further - I have found the attached useful comparator case of Rollinson –v- Dudley Metropolitan Borough Council (2015), which, in a nutshell, found that the scope of a highway authority’s absolute duty under S.41 did not extend to the removal of moss or algae – and also referred to the claimant in that case had been aware of the moss before the accident and considered it to be dangerous – something which would have held him responsible in contributory negligence I will look into the possibility if suitable locations can be found to erect signage to the effect that users should proceed with caution as the surface of the ford may be slippery and that users use the stepping stones at their own risk or words to that effect. The Clerk to ask CCC to write to the owners of the adjacent land regarding the stepping stones. The meeting was closed at 20.10 Report from Ormside Village Hall ORMSIDE VILLAGE HALL TRUSTEES’ ANNUAL REPORT 2018/2019 Registered charity number 523074 Names of Trustees Name Elected Members Representative Members Co-Opted 2018 (x6) 2018 Members 2018 Carolyn Davidson Treasurer Peter Fielder Bev Lewis Secretary Jane Morris St James PCC Margaret Parry St James PCC Rachel Robinson Women’s Institute Alan Scott Vice Chair Vivianne Simpson Women’s Institute Steve Taylor Co-opted Sue Wigley Chair Dale Williams X2 Bandleyside Parish Council Governance and Objectives of the Charity Ormside Village Hall is an unincorporated Charity registered at the Charity Commission under no. 523074. The Object (or the purpose) of the Charity is to: “be held upon trust for the purpose of a Village Hall for the use of the inhabitants of the parish of Ormside in the county of Westmorland without distinction, political, religious or other opinions, including use for meetings, lectures and classes, and for other forms of recreation and leisure-time occupation with the object of improving the conditions of life for the said inhabitants.” Appointment of Trustees Clause 2 of the governing document, states that the “Committee of Management” (“the Committee”) are the Trustees of the Charity as understood within the meaning of the Charities Act. Clause 3 provides that the Committee shall consist of:- • Six elected members; • Eight representative members; and • No more than two co-opted members. The elected members shall be elected at an Annual General Meeting. Two representative members shall be appointed by each of the following organisations:- the Parish Church of St. James Ormside or by the Parochial Church Council of the Parish Church; (the Methodist Chapel at Great Ormside or the trustees of the Methodist Chapel;) the Women’s Institute at Great Ormside; the Parish Meeting for the Parish of Ormside. The names of such representative members shall be notified by the organisations listed above to the Secretary of the Committee. The co-opted members shall be appointed at a duly constituted meeting of the Committee. Clause 3(6) requires that all members of the Committee shall retire from office at the end of the Annual General Meeting after the one which they were appointed, but they may be re-elected or re-appointed (so they are appointed for one year terms). Policies and Procedures To guide the Committee in exercising its duty of care to members and users of the hall, the following policy and procedures have been adopted and are reviewed annually: • Children and Vulnerable Adults Safeguarding • Complaints • Environmental • Equality & Diversity • Finance • Hall Booking • Health & Safety • Village Website Use of the Hall The use of the hall and the hosting of events and activities help the charity to meet its objectives.
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