Extract of Melksham Without Parish Council Minutes re: East of Melksham Community Centre MINUTES of the Planning Committee of Melksham Without Parish Council held on Monday 4th March, 2019 at 1 Swift Way, Bowerhill, Melksham at 7.00p.m. Min. 456/18 S106 Agreements and Developer Meetings: a) Ongoing and New S106 Agreements: i) East of Melksham Development – Hallam Land & Bloor Homes: Following a joint meeting with the Parish Council, Town Council and Hallam Land on 5th February, an email response had been received from the developers answering the queries raised as follows: Community Hall: The developers had been asked if the Community Hall being provided by this development could be bigger with a different layout. They had responded to say that they were happy to consider an amendment to the internal layout to maximise the size of the Hall, but that they would not be willing to construct the hall larger than specified in the S106 Agreement, even if the Parish Council and/or Town Council provided the additional funds required to do this. They stated that this was due to the construction risk that they would be taking on. They would, however, subject to agreement from Wiltshire Council, transfer the land and financial contribution for the provision of the Community Hall provided under the agreement to the Parish and Town Council for to build themselves. LEAP (Local Equipped Area of Play): The play area will be transferred to the Management Company to maintain along with the rest of the public open space. Once constructed, Hallam Land would be willing to transfer the Play Area (and land) to the parish council, but there would be no commuted sum towards its future maintenance. Public Art: The developers had left messages for the Wiltshire Council Public Art Officer, but to date had been unable to speak to her. They stated that they would keep trying. Recommended 1: The Parish Council do not take on the LEAP as there is no commuted sum available for its future maintenance. 2. The Parish Council defer any decision with regard to the Community Hall pending further discussions with the Town Council. A policy decision will need to be established prior to any further discussions with regard to any CIL contribution from the Parish Council towards the Community Hall. MINUTES of the Full Council of Melksham Without Parish Council held on Monday 11th March, 2019 at 1, Swift Way, Bowerhill at 7.00 p.m. Min. 474/18 Planning: a) Minutes, Planning Committee Meeting 4th March, 2019: Resolved: The Minutes of the Planning Committee Meeting held 4th March, 2019 were formally approved by the Council and signed by the Chairman as a correct record. b) Recommendations of the Planning Committee Meeting 4th March, 2019: Resolved: The Recommendations detailed in Min.455/18, Min.456/18a)iii)1), Min.456/18a)iii)2), Min.456/18a)iv)1) and Min.456/18a)iv)2) were formally approved. c) Matters Arising: d) Proposed Community Centre for Land to the East of Spa Road: As per Min. 456/18a)iv) the Clerk advised that the Parish Council needed to consider the way forward for the Community Centre being provided as part of the S106 agreement for the development of 450 dwellings East of Spa Road, which will extend the existing East of Melksham development. A handful of dwellings in the northwest corner of this development and the land allocated for the Community Centre was actually in the Town, with the remainder of the dwellings in the parish. Therefore, the majority of the town and parish council element of CIL (Community Infrastructure Levy) funding will be payable to the Parish Council, and this money had previously been shown in the budget as allocated towards this community building. The S106 Agreement states that the developer must build the community centre as per the approved plans or provide a sum of £500,000 for the nominated council to build. The developer had already confirmed in writing that they would only build the community centre to the approved plans, and that they would not consider constructing a larger building even if both the Town Council and Parish Council provided the additional funding for this. It was felt that there could be the possibility under a future community governance review that the boundary line between the town and parish could once again be redrawn and that the occupants of the 450 dwellings could then become town residents. It was therefore queried who would eventually be the end user of the community hall, and whether this would be a venue that would be of benefit to residents of the Parish should the boundary line be amended. It was noted that there was nothing legally which stated that the CIL monies from this development has to be spent within this development or on this community building, only that it has to be spent on community infrastructure. However, some members felt that the Parish Council had a moral obligation to allocate some of this CIL funding towards this building. Members concurred with this view, but wished to ensure that there was a clear mandate on the proportion of CIL to be allocated to this community building. It was considered that as this building would be in the Town that the Town Council needed to be on board and take the lead. It was felt that as the Parish Council had lots of experience with community buildings in its parish and voluntary management committees running them, that support should be offered to the Town Council with this aspect; it was acknowledged that the new Town Clerk may have experience of community buildings from her previous post. Concern was expressed by some members with regard to the focus that the Town Council places on the Assembly Hall, and that it was important that they understood the significance of this as a community building for the residents of both parishes. It was recognised that the Parish Council were already working with the Town Council on several joint projects and that the best way forward was to hold an informal meeting with both councils to discuss how this building should be built and who will be responsible for it. Resolved: The Parish Council hold an informal meeting with the Town Council to discuss all the issues with regard to the community building being provided as part of the S106 agreement. Cllrs. R. Wood, House, Pafford, S. Wood, Holder and Baines to represent the Parish Council at this meeting. MINUTES of the Planning Committee of Melksham Without Parish Council held on Monday 29th April, 2019 at 1 Swift Way, Bowerhill, Melksham at 7.00p.m. Min. 542/18 S106 Agreements and Developer Meetings: a) Ongoing and New S106 Agreements: (i) Update following Informal Meeting with the Town Council Regarding the Proposed Community Centre on Land East of Spa Road: The Clerk reported that Town Cllr. Westbrook advised that the Town Council wished to take the financial contribution of £500,000 provided in the S106 Agreement and build a community centre in an alternative location, rather than the developer build a facility on the allocated land next to Spa Medical Centre; but they did not know of any alternative land which could be suitable for this. The Parish Council Clerk had suggested that a possibility could be the section of unused Community centre land behind the Water meadow Pub, as this would still be in the East of Melksham. She had offered at this meeting to speak to the Wiltshire S106 Officer to ask whether the community building could be built on an alternative location. Recommended: As both parcels of land are in the Town parish, the Parish Council do not get involved in the process of this community building, other than to ensure that this community building is built in the East of Melksham and will be a facility for the use of all parishioners of Melksham Town and Melksham Without. MINUTES of the Annual Council of Melksham Without Parish Council held on Monday 13th May, 2019 at 1, Swift Way, Bowerhill at 7.00 p.m. Min. 016/19 Minutes, Planning Committee Meeting 29th April, 2019: a) Resolved: The Minutes of the Planning Committee Meeting held 29th April, 2019 were formally approved by the Council and signed by the Chairman as a correct record with the following amendment: From min.540/18b) – Spelling of “emergency Local Plan” corrected to “emerging Local Plan”. b) Resolved: The Recommendations detailed in Min.540/18c), Min.541/18 and Min. 542/17a)i) were formally approved. c) Matters Arising: i) From Min.542/18a)i) – Proposed Community Centre on Land East of Spa Road: A parcel of Local Centre Land, behind the Watermeadow Pub in the East of Melksham, had been suggested as an alternative location for the community building being provided from the S106 Agreement for the 450 dwellings to extend the East of Melksham development. It had been identified that this land was owned by Bloor Homes and Barratt Homes. Mike Wilmot, Head of Development Management at Wiltshire Council, had advised that although not a legal expert, he did not consider that there would be a problem with a change of site location for the community building provided that all parties involved were happy with this alteration. MINUTES of the Planning Committee of Melksham Without Parish Council held on Monday 10th June 2019 at 1, Swift Way, Bowerhill, Melksham 7.00 p.m. Min. 064/19 S106 Agreements: b) Ongoing and New S106 Agreements: ii) Update on the 450 Dwellings to be constructed East of The Spa: It was noted that Hallam Land had sold their stake to David Wilson Homes.