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The Minutes of the Extrodinary Meeting held on Wednesday 12th January 2005 7.30pm
in Winkleigh Community Centre

 

Cllrs Present: J.Turner, Colgrave, Stutt, Bowers, Cowle, de Louvois, King, Griffiths and Hodgson
Cllrs Apologies: N.Turner.

The Chairman opened the meeting and addressed Cllrs. He stated that at the meeting called by John Burnett MP on 6th January a number of strong recommendations regarding further action to be taken regarding the WINBEG application had been made by the MP which the Chairman felt the Parish Council needed to consider. Cllr Cowle confirmed that TDC currently plan to determine the application on 31st January 2005.

Public Discussion:
The chairman then asked if the public had any comments to make pertinent to the agenda regarding further action to be taken by the Parish Council following PPL's submission of the planning application for a biomass electricity generator on Winkleigh Airfield.
Mr Carter addressed the Council and stated that the MP had advised that contact should be made with a planning lawyer to seek a professional opinion regarding a claim for compensation through the European Court of Human Rights.
Mr Hanlon then addressed the Council and stated that he did not feel that the MP's suggestion would have any impact on the determination of the application by Torridge District Council and could be very costly.

S1.1.5. MATTERS ARISING
The Chairman asked Cllrs to consider what further action would be appropriate at this stage.
Cllr J.Turner stated that he felt that the Parish Council must consider the 106 obligation requirements before TDC determine the application to ensure benefits to the community should TDC approve the application. The Chairman responded that the PC should have a list available for all developments but that Cllrs had yet to supply details to form this list. Cllr Hodgson stated that he felt it was essential that a list is submitted to TDC before 31st January so that the 106 requirements would be legally bound to the planning decision. Cllr Bowers responded that at the meeting with John Burnett he had strongly recommended that the PC consider appointment of legal representation and that this matter should take priority.

Cllr de Louvois asked Cllr Cowle how he would vote on this application at the District Council. Cllr Cowle responded that he can not make a formal decision as this would be considered pre-determination of the application. Cllr de Louvois responded that Cllr Cowle was elected to represent the community at District Council and that they have a right to know how he will be voting on the application. Cllr Cowle again responded that he would not state an opinion at this stage as it could jeopardise his vote at District Council.Cllr Hodgson outlined the initial action required he felt was required and proposed that the Parish Council lobby District Councillors and forward a copy of the Parish Council's formal response to all Cllrs on the Plans Committee- 2nd Cllr J.Turner - All in favour: MOTION CARRIED.

Cllr J.Turner stated again that he felt that the most urgent priority would be to submit a list of 106 obligations to TDC before determination. Following further discussion the Chairman asked that as Cllrs were not in a position to make a list at the meeting that Cllrs list their requirements and e-mail them to the Clerk by 16th January. The Clerk would then collate the lists and produce a final copy for adoption at the Council meeting on 26th January to meet TDC's current deadline of 31st January.

Discussions then moved to John Burnett's recommendation that the PC seek legal opinion on a claim for compensation from the European Courts. Cllr King said that the Parish Council must have the parishioners on their side to be able to afford to take this course of action and suggested a notice be posted asking parishioners for their views on individuals giving financial assistance to the Parish Council to appoint legal counsel. Cllr Griffiths queried what funds were in the Parish Council accounts at this stage to which the Clerk responded advising that there is funds in the reserve account totalling £12,000 but that much of this is allocated for other things such as the Parish Plan.

Cllr Hodgson stated that he felt that before any action is taken on this matter the Pc must seek formal advise from the DAPC as to the implications for the Council as a whole and individual Cllrs should this course of action be taken. Cllr J Turner agreed stating reservations about taking legal action.

Cllr Bowers asked if initially the PC would formally request a 6 week extension to the determination date of the application to allow the PC to further consider legal representation.

The Chairman then addressed the Council and said that the MP had not recommended the start of a major compensation claim but suggested that a first step is taken in seeking legal opinion on the case. He further suggested that the initial opinion and letter would allow sufficient information to consider if any further steps would be appropriate.

Following further debate Cllr King proposed that the initial action to be taken by the Parish Council should be :

i) Formal request to TDC for a 6 week extension to allow the PC to consider obtaining legal advice as recommended by John Burnett MP
ii)That formal advise on this matter is obtained through the DAPC/NALC
iii)That notices are posted in the parish asking for the parishioners support in taking legal action
iv)Letters are sent to all Parish and District Council's involved asking for their support
v)Cllrs at TDC are "lobbied" as suggested by Cllr Hodgson

This proposal was seconded by Cllr Bowers: Voting 6 in favour, 1 against & 1 abstention (Cllr J.Cowle): Majority in favour : MOTION CARRIED
Cllr Bowers stated that John Burnett MP had asked to be informed immediately should TDC not agree to the 6 week extension and proposed that should this be the case the Clerk is delegated the power to advise him immediately - 2nd Cllr King - All in favour. MOTION CARRIED
Cllr Bowers also stated that she felt notices (re item 2 of Cllr King's proposal) would not be enough to communicate widely through the community and suggested leaflet deliveries.

The Chairman then addressed the Cllrs and asked if they felt that the PC should be requesting an opportunity to address TDC on this application. Cllr Cowle confirmed that TDC do not allow representations at the Plans Committee meetings. Cllr King queried why this application was not going to full Council to which Cllr Cowle responded that they would always go to the Plans Committee first who have the power to determine the application. Cllr Cowle said there was always an opportunity to speak at the full Council meeting but that you had to make a written request. Following discussions it was proposed by Cllr Bowers that the Pc formally request to speak at TDC's meeting on Monday 24th January and also request the opportunity to speak at the full Council meeting should the plan be discussed by full Council - 2nd by Cllr King : All in Favour: MOTON CARRIED.

Cllr King asked Cllr Cowle if he would be able to speak at TDC on this application to which Cllr Cowle responded that he would be speaking.

Meeting Closed 8.45.