Modbury Parish Council Meeting Monday 12th October 2015 at 7.00 PMPavilion, Queen Elizabeth II Recreation Field MINUTES

PresentMs Brown (Chair) Messrs Barnes, Cole, Ward, Rosevear, Joseph, Turner, Lawrence, Taylor (Vice-Chair)

ApologiesMessrs Rickman, Berry and Ms Rayner

Open Forum9 members of the public were in attendance.Chair introduced the new clerk, Sacha Hagar, who has now taken over from Sally Walsh.1) Issue raised about insufficiency of double yellow lines along corner of Silverwell/Brownston Street causing potential for accidents, coupled with double parking either side of Brownston Street causing blockages preventing emergency services. Also parking opposite Back Street is causing problems as cars are parking on the double yellow lines. Also complaint about the speed at which vehicles are travelling. Cllr Ward added that Ringmore, Bigbury and St Anne’s Chapel experience similar problems and it might be possible use of TAP funds to put something in place.2) Reminder that there had been a break-down in the Saturday councilor surgery time-table agreed for the last 5 weeks and that this would be remedied.3) A welcome was given to the new council and an invitation to attend the Remembrance Day service in the Church on Sunday 8th November. Chairperson has agreed to lay the Wreath. Local South Hams Newspaper may wish to attend so Agenda to be provided to MPC.4) Update requested on the relationship with Bloor and whether this had improved. A fruitful meeting had taken place with 4 members of the Planning Committee who met with Land Negotiator. Relationships somewhat better.Request was made for permanent item on Agenda to keep public informed of progress and public Invitation to the Extra-ordinary meeting at 6.30pm on Monday 19th in Pavilion. 5) Update requested on progress of the Community Website. Since our volunteer stopped updating website 6/7 months ago it has suffered so invitation was extended for any volunteers. New Clerk is putting updated Minutes and Agenda on the site. Agreed improvement is necessary and this is being looked into.6) Follow-up on the Palm Cross Bus Stop. DCC had stated there was never a Bus Stop at Palm Cross but evidence was produced to show that Palm Cross is on the Stage Coach timetable. Agreed this should be a priority for Paths & Pavements.7) Question for District Councillor regarding speeding and Traffic Calming systems available. Mobile Devices available and TAPs funding would apply to this and would be supported by District Councillor. Agreed to liaise with the other parish councils and ascertain costing so can be decided at next parish meeting.8) Chair introduced Dan Taylor (South Hams District Council Locality Officer) – Brand new role created by SHDC to provide customer service within the community by engaging in certain activites such as the Mobile Library and Community shop so will be preparing a timetable available shortly. He will also be advertising where and when he will be via Facebook and Twitter so if the community have any concerns or questions they can speak to him directly. Agreed he would let us know his programme so when he is in Modbury it can be placed in The Modbury Messenger.9) Continuing issue of blocked drains was brought to the attention of the new Locality Officer/District Councillor. District Councillor advised in hand and another Locality Officer (Charlie Storer) had been and photographed this and was reporting back.

Declarations of pecuniary and other interestsMs Brown (Part 2 Palm Cross Green Development) will not be partaking in discussions on this (Min 15.126 a))

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Devon Councillor’s Report for information. 1) First port of call for highways issues will be Devon County Council website www.devon.gov.uk, highways reporting section.2) Palm Cross Green - thank you for our list of priorities. Noted that Bus Stop is a priority focus and doing best to take it forward.3) Update on Devolution - Statement Intent to register interest has been submitted, along with another number of other authorities in Devon & Somerset. Principal areas being looked at for providing additional facilities are health, social care and wellbeing; skills and employment; business support; resilience and connectivity so keen to ensure appropriate budgets are received.4) Update on A379 Brixton to Yealmpton – draft Geotechnical report completed 9 th October and design works will take place after 16th October. Roll out of works expected after Christmas (brought forward from New Year).5) Provision of bicycles by DCC in new development schemes to encourage use of new cycleways. Only one area currently operating within this scheme so if anyone has any proposals he will find out more. Not yet a general scheme.6) Notice of two Town and Parish Council meetings which are to provide update on highways generally and the Snow Warden and Road Warden schemes. Apologies about location. If nobody attending please let him know so he can put pressure on more funding for more local course.7) Vice-Chair advised Devon Councillor about matter 6) of Public Forum (above) regarding Palm Cross Bus stop and the production of timetable earlier in the meeting, to assist him in going forward with item 2) above.8) Flood Defence update given to Devon Councillor by Mr Lawrence – DCC Officer attended his premises to ask permission to do a topographical survey. Devon Councillor aware from Flood Resilience Meeting last week that things are moving forward. Need to firm up where money will be coming from and how much. 9) Mr Cole wished to bring to the Devon Councillor’s attention that he intends to make a complaint against one of the Highways Officers for maladministration as he believes the speed of traffic will increase as a result flattening out the kerb instead of joining up the pavements up in the Palm Cross Development; and that the lack of provision for a bus stop, is against that of successive government’s policies to use public transport. The Devon Councillor had raised this with the officer on behalf of Mr Cole and has now received response from the officer and apologised for not yet having forwarded to this to him but will do so.10) Mr Rosevear requested that the Devon councilor check the weight limits for the A379 Kittiford Cross to Fleet and then into Modbury on A379 and the Kittiford Cross and California Cross; and from California Cross through the back road into Modbury, as an incident with an 62 tonne articulated lorry caused a road block as the driver was unaware of the weight limit on the road and got stuck. Potential cause of accidents if this happens again.

District Councillor Arrived

District Councillor’s Report. 1) A conservation matter was raised in relation to Brownston Street at the last meeting – she has sent an email to the clerk to update.2) Cllr Cole raised the issue of the drain on the eastern side of the site entrance to New Mills Industrial estate. The locality officer (operational) went to the site within a few days of the last meeting to check it and report back but also discovered some issues inside the estate with drains. He reported this to the Assets team. Need to check out progress.3) Barracks Wall update – note on the agenda- regularly check it. It is now on dangerous structures list and being monitored each month. Localities team have photographed it. Building control inspected it. Highways inspected it – not considered an imminent threat by Building Control but not regular monitoring. Building control and highways to liaise. Land Owner and conservation team will be involved if/when a full structural investigation is needed.4) Champernowne Play Park regeneration first phase means that the park is being enjoyed every day. Phase 2 is to make the park a more attractive place for locals of any age to meet and

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enjoy the fresh air, as well as providing a safe space for play. Phase Three is more ambitious and longer term and is linked to more exciting play park equipment, but this is dependent on many factors. The Project now has a steering group including Champernowne residents, Cllr Ward, members of the Modbury Parish Council and SHDC Engagement Officer – Dan Taylor. Devon and Cornwall Housing are working hard through their Community Link Officer – Charlotte Grosvenor – with events and training to put this park back on the Modbury map!  Looks doubtful that we can use 106 money for this but there are other funding opportunities.5) 106 Legislation has changed in relation to 106 agreements. Now the wording around 106 has to be much more specific and evidence based. Modbury  106 agreement is nearing completion but I have been advised today in relation to open space and recreation that the £595 per dwelling will be restricted to the projects identified within the definition  -  to be used towards drainage and changing facility improvements for the junior and adult football pitches, an extension to the grounds to support additional junior football pitches, and/or an artificial cricket wicket at the QEII Ground in Modbury as required as a result of the Development and to be paid by the Owners to the Council in accordance with the terms of this Agreement  - these projects being those playing pitch projects identified as priorities through the 2015 South Hams Playing Pitch Strategy. Clarification that the agreement is drawn up between Bloor’s lawyers and SHDC.6) District Council – worth mentioning that the Audit Findings for 2014/15 found the council finances and audit to be in a very positive state to the extent that Grant Thornton the auditors asked to come to the Full Council meeting and report on it.7) Statement of intent regarding devolution bid was sent by us and other LAs has received a very encouraging early response today.8) Further discussion about the Barracks wall and it has been established that this is owned by the Crown and is a Listed building. 9) With regard to Champernowne the link to Cromwell Park is still under discussion. There are many issues including potential safeguarding issues. It is anticipated in the long term, rather than open up the back route through the park, it will be left so it can be opened up in future, But It is anticipated that Devon & Cornwall Homes will not do this. 10) Discussion about outsourcing management of the industrial estate and whether it will be put to commercial management company or SHDC. Currently separate land owner owns freehold, as this was sold off by SHDC but they retained ownership of Headlease on units which may be transferred at a later date await on Devon & Cornwall Homes for their intent. Cllr Ward update us on this ongoing issue.

Police ReportNo representative available

Cllr Ward, Locality Officer and Cllr Hosking left the meeting. Minutes of Council Meeting of 14 th September 2015 15.126 a) Proposed by Mr Taylor, seconded by Mr Joseph, and agreed by all bar 3 abstentions (from members who were not previously present) that the minutes were an accurate and true record after minor amendment of attendees and apologies section not to include reasons for absence.b) Clerk gave and requested updates on the progress of Actions in appendix 2 Action Plan noted at previous meetings and reminded parties of actions still needed.

Chair left the meeting

Palm Cross Green Development15.127a) At the September MPC meeting under Part 2, it was agreed not to pursue the possibility/probability of acquiring title to Palm Cross Green. This was on two grounds; (i) the costs of doing so and the uncertainty of the outcome. (ii) the fact of the matter being Bloor Homes

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have a conditional detailed planning consent to allow them to re-develop the Green, by creating a pedestrian access over part of the Green, together with calming measures on the road passing through the Green on one side and the Manor house and School on the other side, as well as, at present, creating an open space on what is currently a rubble surface used for car parking. In return for doing this, they intend within the substantive conditional planning consent granted for the development known as RA1 to create a car park equal to the 30 spaces likely to be lost by the creation of the open space on Palm Cross Green AND cede the title of the land comprising the 30 car parking spaces to the Modbury Parish Council (MPC), together with the right to manage it as the MPC sees fit.The reason it was in Part 2 was because of confidentiality of timings/costings. As the parish council moved that there would be no commercial contract it should now be moved into the public domain. As the Green is a highly sensitive subject there should be, for the record, and benefit of history, be some agreed form of words or rationale for the decision not to pursue with the acquisition of title to the Green to show that MPC acted in the best interests of the public.Therefore, it is appropriate to bring this decision into the public domain and to ensure that the MPC is seen to be open and transparent in its decision making, in particular when the decision will have such a long term effect on the community as a whole.The members of the Public were invited to the Extra-ordinary meeting at 6.30pm at the Pavilion.Discussion about what Bloor are proposing, and their commitment to carry out the proposed works.The following form of words was considered and voted upon, Proposed by Mr Joseph, seconded by Mr Barnes with all in favour bar 1 x objection:

In respect of Palm Cross Green and its appurtenances (The Green), the MPC has taken due regard to the events, both historical and present, leading to the recent conditional detailed planning consent secured by the developers Bloor Homes for the creation of a pedestrian access to the town across The Green and the creation of an open space where currently there exists a rubble surface used as a car park by approximately 30 motor cars on The Green. This decision would also remove vehicular access to and from The Green. The Latter being a condition required by Devon County Council’s Highways Dept. Bloor Homes would, in turn, create within the site known as RA1, but adjacent to The Green, a car park for 30 cars the title to this car park and its land would be vested in the MPC, together with the right to manage the 30 space car park as it saw fit.

Historically, the Manorial Rights to The Green were ceded to MPC, these rights gave rise to the right to any income from The Green, also the obligation to meet any related costs to the income and the obligation to maintain The Green. The MPC, in the past, agreed to seek to secure full Title and this was minuted, although not immediately pursued at the time. Subsequently, in the eighties the MPC sought to secure full Title by means of Reversionary Rights. Independent Council Opinion considered this to be a difficult venture and in time The Land Registry rejected the MPC application. More recently the matter was looked at again, when the prospect of the RA1 development became more of a reality. At this time it was also thought inappropriate to expend the considerable sum of money necessary to mount a fresh application with, in reality, no better (if stronger) case to make.

Although the MPC invested in a valuation of the notional asset, the success with which Bloor Homes secured their consents, together with the improvements they planned to make to The Green and the asset (the car park) they intended to create and gift to MPC, meant that the MPC on behalf of the Community was seemingly securing a good solution

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on The Green itself, enhancing its empirical value to the Community, as well as retaining the capacity to have 30 car parking spaces with a real value to place within its balance sheet and that of the Community.In all of these circumstances the decision of 14 th September 2014 was sound and is hereby ratified in Public Forum.

Chair returned to meeting

b) Considered S106 (Open Spaces and Recreation fund) ideas earlier in the meeting with Cllr Ward and Cllr Hoskins. Mr Rosevear pointed out there are two separate funds. Premium for every new house built £595 (believed to be circa £56K) which can be spent a number of ways. Money is held by SHDC. In addition within the S106 Agreement there is a separate Open Spaces and Recreation Fund which it is believed is circa £200K). But no guarantees that will stay within our community. A bid has to be put in for the funds. Mr Rosevear wrote to the officer in control of the S106 Applications, Ross Kennedy and the Chief Planning Officer. No reply from Ross Kennedy but auto reply from Chief Planning Officer. It has been delegated down to Rob Sekula who has issued global documentation about bids to the Housing fund/Open Spaces and Rec fund. Champernowne play park – the existing play park cleaned up and grass cut by DCH.There is a queueing system to do anything. Idea is to access Cllr Ward Locality fund up to £400, Cllr Hoskins locality fund up to £1,100, and use it outside S106 to get basic additional equipment to improve. Steering Group will make application for these funds and possibly under funds S106 but now definitions tightened Champernowne may not fall within this. But there is the ability to apply to Council fund under “The Green Space Challenge”. Mr Lawrence brought up S106 Training event taking place on 4 th November at 10.00am. Mr Rosevear will be attending on behalf of Bigbury Parish Council. The Course will explain what the processes are. Mr Lawrence pointed out sports provision is large sum we would like to apply for for MARS. Would prefer monies to be put towards the play park at the Memorial hall. Regarding Play areas Mr Lawrence would prefer monies to be used to replace/upgrade existing play area over new Champernowne play area. Chair disappointed that it appears decisions about S106 spending may have already gone over PC heads owing to changes in legislation tightening definitions so there is a need to understand the process.Chair proposed to delay making decisions on S106 spending until S106 Training 4th

November has been completed, Seconded by Mr Cole and all in favour.

Funding for Maintenance of Parish Benches15.128Discussion about works below and the request that the PC should fund items 3) and part fund item 4) below and the costs involved and whether there was sufficient monies in budget (items 1) and 2) will be funded by the Millenium Meadow budget):1)One complete seat kit for the Millennium Meadow – funded by S106 monies held by the PC (agreed at our recent MMM committee meeting – minutes attached)  £168.25 + VAT plus fastenings2) One set of spare legs for the Millennium Meadow – funded by S106 monies held by the PC (agreed at our recent MMM committee meeting)  £71.66 + VAT 3) One complete seat kit for Leighmoor Cross – funding (see note below)  £168.25 + VAT plus fastenings4) One complete seat kit to replace the one removed (for safety reasons) from the play area in the Memorial Hall grounds – funded by Modbury PC £168 + VAT plus fastenings.The VAT elements will be recoverable by the PC as has already been confirmed. The fixings for each seat will be approximately £10.Regarding the Leighmoor Cross will the PC could fund this replacement as a whole?

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Nearby residents are happy to make donations to effect replacement. Can the PC consider making its own part contribution. Also, can the PC consider adopting this particular seat in its programme of future care? Mr Rosevear proposed, seconded by Mr Taylor and all agreed that we will fund the replacement seat kit (item 4) and that Mr Weeks try and obtain donations for Leighmoore Cross Seat (item 3) and we will provide the balance.

Parking in Anniversary House Area15.129Parishioner has complained about vehicles parking diagonally making access difficult and causing parishioner to damage own vehicle. Also preventing access for emergency services. Also large vehicles parking in this manner protrude more than smaller vehicles. Discussed whether this is a Highways issue or not as there are no white lines. Could we ask Highways to mark bays with white lines. This has been requested in the past and refused.Mr Lawrence proposed, Seconded by Mr Ward and agreed by all bar 1 x abstention that MPC should again request Highways mark the bays with white lines.

Finance & Human Resources15.130a) Brief discussion about couple of payments including former clerk salary regarding tax rebate which will need to be claimed back from HRMC, and incorrect budget coding for one payment, and photocopier charges which will be agenda item next month.Proposed by Mr Lawrence, seconded by Mr Ward and agreed by all that, subject to amendment of coding for one item, to be changed from Sports Recreation Ground to MARS, all payments be approved. b) Minutes of Finance & HR Meeting held on 8th October were received.

Planning15.131a) The following application was considered:

32 35/2083/15/F Mr & Mrs Handasyde-Dick

Lower Shearlangstone, PL21 0TQ

Amendments to existing consent 35/0707/13/F for extension ground & first floor

Mr Lawrence proposed, Seconded by Mr Rosevear and all agreed that MPC have no objection.

b) Lots of emails from Devon parishes have been circulating confirming to Development Management at SHDC the general feeling that the decision to no longer consult parish and town councils on prior notification on change of use applications should be reviewed.Mr Lawrence proposed, seconded by Mr Rosevear and agreed by all that MPC will add their name to the list and request that they continue to consult parish councils on prior notification change of use applications, even though there is no statutory requirement to do so.

Committees & Working Groups15.132Finance & HR – see earlier Minutes of the last Finance & HR meeting on 8th October.Communications Group – no meetings held yet. Request that meeting is arranged before next Parish Council meeting.

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Neighbourhood Plan - Holding meeting on 14 OctoberMaintenance Committee – Still have TAP fund money for spraying/spraying training which has not yet been used. Looking at purchasing drainage pipe as landowner at farm at Wimpston Cross has agreed to provide access to and dig out ditches with his tractor if we provide land drainage piping.Emergency Plan – No reply received from Fire Service re the blocked leat yet but clerk will chase.

Visit from SHDC Chair and Vice-Chair15.132Discussed whether to bring Bus Stop and S106 matters to them at the next meeting but their capacity is limited and more of a PR exercise.Proper Refreshments to be provided for them on the day. Mr Rosevear will provide biscuits/nibbles, Mr Lawrence will be responsible for coffee and tea with Mr Turner.

Chair Person’s Remarks15.133Introduced as a result of recent Chairperson’s training course so chair can introduce topics of relevance or interest not already on the agenda. DALC offer training service to assist councils to have vision and move forward to ensure they are proactive as opposed to reactive and how this can be achieved.Chair suggested MPC have a self-funded Christmas Dinner (to include their partners) so will circulate list to co-ordinate dates.

Correspondence15.1341) Highways Parish and Town council Conference on 21st October. No councillors will be attending.2) Barracks Wall - No further actions are necessary from MPC – happy that SHDC has this under review (see earlier, District Councillor’s report item 3) (above).3) Disappointed with the response from the Federation regarding the fence around the school field. Further developments needed. Use off this asset has been there for many years. Possibly falls within remit of Village Greens application. It could be held loss of this asset will be mitigated by new large open space provided by new RA1 development. Clerk will provide update to the parishioner who raised this directly. Mr Lawrence proposed, seconded by Mr Barnes agreed by all bar 1 x Objection and 2 x Abstentions. Mr Berry write back saying we are unhappy with the response and the loss of an asset and the reply does not respond to points raised in Mr Berry’s letter, in the hope that will appeal to their better nature or even reach a compromise (ie. For use during summer holidays). 4) Mr Cole shall continue as Snow Warden for Modbury. 5) A complaint has been received regarding the handling of a Planning Application. The former clerk responded to that complaint but the complainant was not satisfied with the response and wishes the matter to be taken to the next stage – Complaints Review Panel. Meeting of the panel will be taking place on 19th October at 5.30pm at the Pavillion. Mr Cole to attend in place of Mr Taylor, Ms Brown & Mr Ward to attend.

Meeting closed 10.10PM

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