The Minutes of the Meeting held on Wednesday 26th July 2006 at 7.30pm
in Winkleigh Community Centre

Present: Cllrs Stutt, J.Turner, Leahy, Bowers, Cowle, Griffiths & de Louvois, Cllr Hodgson attended late (attendance indicated in minutes **)

Apologies: Cllrs King, Camilleri & N.Turner

The minutes of the meeting held on 28th June were confirmed and signed as a correct record following one amendment.

1.7.6. REPORTS FROM COUNCILLORS

Cllr de Louvois reported that he had visited Mid Devon Motors and that the vegetation had now been cut back. He also reported on the cars parked either side of Exeter Road stating that he would contact the Police Liaison Officer to determine what action can be taken.

2.7.6. CLERK'S REPORTS

The clerk gave an update on matters covered at the June meeting:

1) Marketing by St Clair Estates Winkleigh Airfield: TDC had responded in writing that this matter has been forwarded to Devon Trading Standards for investigation. TDC state that there has as yet been no breach of planning control but that TDC had applied an article 4 direction on the land which revokes from the land certain permitted development rights such as the right to erect fencing and the like.
2) Retrospective Planning Applications: The Clerk reported that she had written to TDC Chief Executive on 10th July and still awaited a response.
3) TDC Planning Dept decision: The Clerk reported that she had written to TDC's Chief Executive on 10th July. TDC had acknowledged the letter and advised that they are investigating. Cty Cllr John Rawlinson had also been in contact and said that he would investigate.
4) The Orchards Winkleigh: The Clerk confirmed that she had written to Mr Bennyworth in connection with the developments at the Orchards on 7th July. A response was awaited.
5) Footpath no 22 Winkleigh: The Clerk advised that she had received a letter from Mr Bennyworth advising that they are aware of a problem with leakage onto the footpath from the bottom lake in the Orchard and were in discussions with their Engineers to address the problem.
6) CCOWS: No update since the publication of the business plan
7) Notice Board: Cllr Hodgson to address final works
8) Folley Cottage: The Clerk confirmed that concerns over the condition of this property had been reported to TDC's conservation Officer

Cllr De Louvois requested that the Clerk write again to all recipients who had not responded to the letters sent at the beginning of July.

Information given for Cllrs to consider prior to the next meeting:

In September the following matters will need addressed:

Cemetery Bungalow Inspection, Cemetery Grounds Inspection, Asset Inspection & Clerks Salary. These all need to be taken into consideration for the Precept request (formal discussions in October).

Councillors were also advised that the Grass Cutting contract for the Cemetery Grounds finishes in October 2006 and discussions need to take place.

Cllr Hodgson arrived at the meeting **

3.7.6. DISTRICT COUNCILLOR COWLE: REPORTS TO AND FROM TDC

Cllr Cowle reported that the applicant proposing to develop the old Café at Seckington Cross had been in contact with him and that he had advised her to re-submit the application and that he would call the application in for consideration by the Plans Committee at TDC. Cllr Cowle also advised that he would speak with the Chief Executive in connection with the Parish Council's letter and also confirmed that there is currently no Head of Planning.

Public Period

4.7.6. FINANCE
a)Payments and receipts

The following payments were authorised for payment at the meeting:

Winkleigh Village Hall (Hire for Police Surgery) £ 30.00 Cheque 1138
N.Bullen (Clerk) (Salary x 2 + expenses x 1) £ 868.49 1139
Community Centre (Hire) £ 20.00 1140
Co-Heat Services (Boiler service & drain call) £ 120.44 1141
Andrew Ware ( ¼ Cemetery maint) £ 250.00 1142

5.7.6. PLANNING

A) Returned from TDC

1) 1/1098/2006/FUL: Erection of Agricultural workers dwelling, Higher Herdwick, Winkleigh:REFUSED
2) 1/0868/2006/COU: Pumping station (to foul sewer), Townsend Farm, Winkleigh: APPROVED
3) 1/1726/2005/COU: Barn conversion for holiday use, Ward Farm, Bude Hill, Winkleigh: APPROVED
4) 1/0946/2006/LBC: Conversion of redundant agricultural barn to holiday use, Barn at Ward Farm, Winkleigh: APPROVED

B) New Applications

1) 1/1380/2006/FUL: Retrospective application for creation of free standing car port, Mill Barn, 1 Clotworthy Barns, Torrington Road, Winkleigh : Cllr DeLouvois proposed that as the letter sent to the Chief Executive regarding retrospective applications had not been responded to the Parish Council should defer determination of this application. There was no seconder for this proposal. Cllr Hodgson stated that while he understood Cllr De Louvois point TDC treat any retrospective application in the same manner as a full application and that deferring determination would mean that the PC had effectively removed itself from the determination process.
Cllr Bowers responded that she also has concerns about retrospective applications but that in this case the requirement for planning permission for this type of development is only required because of the circumstances of the layout of the Clotworthy development and that the applicant had not been aware of the need for permission. She further stated that she believed the car port was in keeping and that none of the other residents on site had raised any complaints. Cllr Bowers proposed APPROVE the application: 2nd Cllr J.Turner: voting 5 for, 1 against, 1 abstention (Cllr Cowle): MOTION CARRIED: APPROVED

2) 1/1216/2006/FUL & 1/1217/2006/FUL : Proposed extension to existing agricultural building, Stabdon Farm, Winkleigh: Cllr Hodgson stated that he was abstaining from any discussion or vote on this application. Following discussion Cllr J.Turner proposed APPROVE- 2nd Cllr Bowers: voting 5 for, 0 against, 2 abstentions ( Cllrs Cowle and Hodgson): MOTION CARRIEDX: APPROVED

3) 1/1321/2006/FUL: Retrospective application for the retention of porch on south elevation and conservatory on north, Heath Farm, Winkleigh: Cllr De Louvois proposed that as the letter sent to the Chief Executive regarding retrospective applications had not been responded to the Parish Council should defer determination of this application.- 2nd Cllr Bowers: voting 3 for, 2 against, 1abstention (Cllr Cowle): MOTION CARRIED: NON DETERMINED.

4) 1/1320/2006/FUL & 1/1318/2006/LBC: Demolition of existing garage & replacement with new garage, Winkleigh Court, Winkleigh: The Clerk read out a letter of objection from a resident. Cllr De Louvois stated that there were no dimension to the plan and this would make determination very difficult. The Clerk advised that she had also noted this and had contacted the planning department and been advised that this is the standard practice across the industry and that a scale ruler would address any concerns. Cllrs discussed and agreed that this change was a retrograde step and that it was open to confusion. Cllr Bowers also added that she was concerned about the site location and the windows in the roof. Following discussion Cllr De Louvois proposed that the application be REFUSED on the following grounds: a) No dimensions to the application, b) Siting is inappropriate and a more suitable location should be agreed, c) there is a query if the original building had any planning permission: 2nd Cllr J.Turner: voting 6 for, 0 against, 1 abstention (Cllr Cowle: MOTION CARRIED: REFUSED

5) 1/1458/2006/FUL: Two storey side extension, Places Farm, Winkleigh: Cllrs again noted that there are no formal measurements on the application only "to scale". Cllr Hodgson remarked that he was very concerned about the lack of detailed dimensions and proposed that the application be returned NON DETERMINED as there is not enough information on the application to allow proper consideration of the request due to the lack of dimensions- 2nd Cllr J.Turner: voting 6 for, 0 against, 1 abstention (Cllr Cowle): MOTION CARRIED: NON DETERMINED

6.7.6. CURRENT BUSINESS MATTERS

a) Priorities List
The Chairman reminded Cllrs of the list of outstanding business stating that Cllrs need to address the issues and also the system of business management of the Parish Council. Cllr Leahy requested an update on the outstanding business in order that the Cllrs can start to address the overdue business and suggested that the first matter on the list " Land Use" be addressed first by arranging a meeting with TDC as soon as possible. Cllr J.Turner said that he would take on responsibility for the cemetery grounds with the support of another Cllr, Cllr Hodgson agreed to do this. Cllr Bowers advised that she had previously agreed to take responsibility for the traffic related business. The Chairman responded that the individual issues do need addressed but that he felt the priority lay with agreeing the system by which the Councillors manage the business of the council.

Following lengthy discussions it was agreed that the new system introduced at the June meeting was working well and that no item should be removed from the agenda until it is formally resolved or the Councillors vote to remove the item from the agenda. Cllr Hodgson proposed that the Clerk starts developing a "live" addendum to the agenda for the Clerks reports which itself would become an agenda item allowing debate on an issue should there be new information for consideration - 2nd Cllr J.Turner: All in favour: MOTION CARRIED.

b) Winkleigh Parish Plan

The Chairman reminded Cllrs of the draft statement put forward by the Chairman in connection with the Policy elements of the Parish Plan in April 2006. Cllr J.Turner queried some of the statements to which the Chairman responded that he felt that the statement would generate a lot of discussion and asked if Cllrs felt they could discuss in full the details or agree a special meeting. It was stated that there will need to be an extraordinary meeting in August to determine planning applications and that this matter could be discussed at that time.

c) Traffic Issues

Cllrs had all been issued with a copy of 29th June site meeting notes issued by TLSO.

i) Clifford's Way : Cllrs were advised that when the gateway to the development next to Clifford's Way is concreted this matter will be addressed. DCC have advised that they will organise and liaise direct with TDC.

ii) Calming on Townsend Hill / Torrington Road : Cllr J.Turner reported that the site visit had moved to this area for full discussion. It had been stated that fir trees from a property were causing a problem and that there is a system by which DCC can enforce the owners to upright but it was suggested that the Parish Council approach first. Cllrs J.Turner & Bowers agreed to meet the owner and discuss. Cllrs were advised that the matter of temporary "cheesing" was discussed and that both TLSO and the Police had stated that this would be unwise.

Cllr Bowers requested that the Parish Council query the more concrete proposals put forward at the site meeting that were omitted from the notes such as a crossing & lights and also the provision of a pavement on the left hand side. It was proposed that a letter be sent to TLSO querying the situation- 2nd Cllr J.Turner: All in favour: MOTION CARRIED

iii) Disabled access: No update on this matter from the meeting..

iv) Street Lights to sports centre: Cllr Bowers reported that Brian Holland had approached her in connection with the provision of street lights to the Sports Centre. Cllr J.Turner gave a brief update of the situation as the Parish Council had previously requested the provision of street lights. Cllr Leahy proposed that a further letter be sent to TLSO requesting an update on the request for street lighting - 2nd Cllr Griffiths: All in favour: MOTION CARRIED.

d) Bus Shelter
Cllr J.Turner advised that he had spoken to Kingsley Plastics and been advised that the new shelter will be available for delivery in August. He advised that the removal and relocation of the existing shelter will generate a minimum cost for materials etc. Cllr Turner stated that he accepted that there concerns over the shelter being relocated to the cemetery but reiterated that the Parish Council had already discussed this and agreed that if there are any problems the shelter will be removed immediately.

e) Storage
The Clerk advised that the Councillors will need to first need to agree what documents they wish to keep over and above those that must be kept under legislation. Following discussions it was agreed that Cllrs Bowers and Leahy would examine the documents. It was stated that no documents would be destroyed until such a time as the details had been brought to full council.

f) Hedge at Winkleigh cemetery
Cllrs were advised of the quote for the hedge at Winkleigh Cemetery submitted by Mr Ware @ £145 for 60' of green privet saplings and planting with a 4' gap for mini digger access to plots and a further 3' gap for pedestrian access. The Clerk advised that this would be action around October at the appropriate planting time. It was proposed by Cllr Hodgson that the quote be accepted - 2nd Cllr Cowle: All in favour: MOTION CARRIED.
It was agreed that Cllrs Turner, Hodgson & King would arrange to meet with Andrew Ware on site to agree exact placement of the gaps.

g) Redrow Homes
The Clerk advised that TDC have again requested that the Parish Council consider the proposed "Winkleigh Cross" street naming for the Redrow site. It was stated that the developers brochure had been viewed and that "Winkleigh Cross" was displayed on this documentation.
Cllrs discussed and a number of suggestions and following discussions Cllr J.Turner proposed that the PC query if "Winkleigh Cross" had been adopted and if not request that the development name be "Elms Meadow". Further to this the PC would query if individual street names will be required - 2nd Cllr Hodgson: All in favour: MOTION CARRIED.

Cllr Bowers advised that she had spoken to Mr Williams in connection with the sewerage queries related to this application and that he had requested a copy of the letter to the Chief Executive be sent to him and to South West Water. This was agreed and it was also agreed that a copy be sent to North Devon District Council who are the foul water authority.

7.7.6 NEW BUSINESS

a) DCC Correspondence on the Local Government White Paper
The Clerk advised that the Councillors needed to agree a formal response to DCC's consultation on the forthcoming Local Government White Paper and the establishment of the new Department of Communities and Local Government (DCLG). Cllrs had previously been issued the document and 3 had responded to the Clerk. Cllrs had been given individual copies of all responses. Following discussions it was proposed by Cllr J.Turner to adopt Cllr Hodgson's comments " Generally speaking - parish councils are not, at this time able or capable of taking on much more responsibility for the running of their parish. Winkleigh is a large parish but we would struggle if much more responsibility was given to us.

We already do some of the things that the DC do ( cemetery ) but no longer get the concurrent function grant. If we take on anything else who pays and do we end up with another layer of cost to the taxpayer - there seems little point in developing a parish layer of expertise and effort when it is duplicated at DC and CC level. It is true however that the PC have a better understanding of some local issues and a way forward may be to : -

1) Restructure both the DC & CC so that there are officers directly responsible for the liaison / running of the parishes allocated to them.
2) Release legal / specialist expertise at both DC & CC level for parish use via their allocated officer
3) The officer would act as a permanent go between the 3 levels of council

We could possibly take on more things without any significant increase in cost. - 2nd Cllr Bowers: All in favour: MOTION CARRIED.

b) Planning Administration
The Clerk advised that at the last meeting Cllrs had concerns about the PC's inability to meet some of TDC's deadlines for response to planning applications and that the Chairman has asked Cllrs to consider possible changes in the process by which the Parish Council handles planning applications in light of the new systems introduced by TDC. The Clerk had supplied Cllrs with details on the introduction of a Plans committee as requested. Cllr Bower said that she felt that the PC should hold special meetings where necessary to allow full council consideration of applications and proposed that no changes are made to the current system by which the parish council handles planning applications - 2nd Cllr De Louvois: All in favour: MOTION CARRIED.

c) Enforcement Issues
Cllr Hodgson advised that a resident had approached him and complained about concerns of possible planning infringement in the field adjacent to Beckham's Bungalow, Wembworthy (OS REF: 653117) and proposed that the concerns are passed to TDC's Enforcement officer for investigation - 2nd Cllr J.Turner: All in favour: MOTION CARRIED.

d) Winkleigh Doctors Surgery
Cllr Leahy advised of complaints received from a resident in connection with the Doctors surgery in Winkleigh. The Clerk advised that she had discussed the concerns and received a written response from the Practice Manager Mr Hedley Lower. Cllrs discussed the contents of the letter which included an invitation for a representative from the Parish Council to join the Patient focus group which meets every three months. Following discussions it was proposed that Cllr Leahy attend the next meeting of the Patient focus group - seconded: All in favour: MOTION CARRIED

e) Cemetery Bungalow
This matter was discussed in detail under part II due to the nature of the discussions. Cllrs were advised of a recent drain blockage and the need to call out a plumber to address the matter. It had been reported that one of the manholes had not beet jetted at the last clean-up of the septic tank and that this had been the main contributor to the blocked drains. The blockage has now been cleared.

PUBLIC PERIOD 11

8.7.6. LATE ITEMS

Cllr Cowle reported that there were travellers between Lodgie Cross and Hollocombe.
Clerk to report to John Rawlinson.

9.7.6. LETTERS AND CORRESPONDENCE.

1) Cllrs were advised of a microgeneration exhibition and seminar day on Saturday 29th July 2006.
2) The Clerk issued for circulation the Standards Board doc no 7
3) The Clerk advised that the Pc had been consulted by TDC on the Gambling Act 2005- Draft Statement of Principals. Deadline 30tH September 2006. All Cllrs e-mailed. Paper copy issued to JC for circulation.
4) The Chairman advised that he has received a letter from Winkleigh Youth Club in connection with a suggested refurbishment of the play area and the toilets. Will put on agenda when more information available
5) The Chairman advised that he has a copy of the document " Charter 8 : Modern Democracy" for any Cllr who wished to collect
6) The Clerk advised that TDC have sent a letter in connection with the Draft Regional Spatial Strategy for the South West (RSS) stating that the deadline for comments is 29th August. Cllrs had already rec'd the document and it was currently under circulation.

PART II

The meeting was then moved into part II to discuss issues relating to the tenancy of the Cemetery Bungalow.

An agreement was reached indicating instructions to the tenant in connection with the drainage system.

The Chairman declared the meeting closed at 10.25pm