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Minutes of September 2011 Meeting
RUSHEN PARISH COMMISSIONERS
Meeting held 7pm Wed. 21st September 2011 at Ballafesson Hall.
MINUTES
Present: Mr D Cain (Chairman), Mr P Gunn, Mr D Radcliffe, Mr A Tinkler.
Apologies: Mr P Vernon.
The Clerk, Mrs G Kelly, was in attendance.
1. MINUTES
The Minutes of the Meeting held Wednesday 17th August 2011, having previously been circulated, were taken as read and agreed a true record.
2. MATTERS ARISING:
a) Southern Area Plan
RPC (Mr Radcliffe) was to appear on Wed. 5th Oct at 9 30am and also on Tuesday 11th October at 10.25am (after Port Erin Commissioners). BKWP (Mr Gunn) would be appearing at 11.40am on the same day (Heritage Homes would be appearing in the afternoon). The Clerk indicated that she would also be there for those days and possibly some others. Those involved in giving the submissions or appearing as witnesses would have to liaise beforehand
The venue would be Morton Hall, Castletown.
The Clerk asked what publicity should RPC give with regard to their submissions. It was agreed that the southern reporter for IOM Newspapers could be given a copy of both RPC’s and BKWP’s submissions.
The Clerk was to arrange a BKWP meeting for either the Monday or Tuesday of the following week.
b) DoI/Local Authority Issues
Local Authority Handbook. Graham Cregeen for DoI had made a press release informing people that the new Local Authority Handbook could be found on DOI’s web site.
Also email from Local Gov. Unit:
‘This handbook stands as a guide for Members and Officers of Local Authorities and Statutory Bodies. It replaces the previous one issued. It has been updated and should now include recent changes made to government since the restructure. It should hopefully serve as an important source of information for all involved in Local Authorities. However, if there is anything that your authority feels they would like to be included in future documents please get in touch and we can look to include them. As you will be aware this is an ever evolving document and it is our intention to try to update over time.’
A copy of the handbook can be viewed at: www.gov.im/lib/docs/transport/msd/localauthoritieshandbookrevised1.pdf. This was noted.
Local Elections Legislation
Received by email from Local Government Unit a copy of the revised legislation with revisions made highlighted. Copied to Members. This included changes made to Local Election Rules and Absent Voter Regulations; changes to current fees structure. They requested comments by 5th October.
Members did not have any comments as all changes seemed reasonable.
Also sent was a Timetable for the Local Authority Elections in 2012. Election day would be Thursday 26th April 2012.
c) Waste Management and Refuse Collection
Southern Group Practise. They had agreed to the extra bin collections i.e. weekly at a cost of £200 and would be paying twice yearly.
The ‘second bin charge’ letters would be going out at the end of September.
Ballnahowe Road closed for repairs – resident in cottage at Ballaman concerned about collection – Ian Jones had indicated that the men would reverse down road.
Bad debts
d) Lighting/MEA
Ballagawne Road project – site meeting on Wed. 14th Sept. Mr Cain and the Clerk had met with Ian Gilbertson to discuss further options for the lighting scheme. Manx Telecom were undergrounding their cables and had said that RPC could take ownership of the poles. Some of them were in good condition and IG had said they should last for another 20 years. The original quote, which was increased slightly in January, was for 4 pole mounted lights to be replaced by 5 columns – quote £7,002.78 plus vat. RPC had also asked in the previous month for the price of putting in two more lights along to Ballakeyll – these were quoted at £2,705 each. Manx Telecom were ducting the whole length from the roundabout to Ballakeyll – in conjuction with MEA.
After the site meeting Ian Gilbertson had suggested :-
1) Utilise the first three wooden poles along Ballagawne Road from the roundabout and fit with new arms and heads, unless the existing arms and heads could be reused, in which case, any costs would be limited to labour costs only.
2) Use the savings generated to then install a new column and head at the position of pole 01204 opposite the Nurseries near junction of Mount Gawne Road.
3) If the Commissioners accept the quotation, fit a further two lights between the last light and light towards Ballakeyll. If any existing fittings can be re-used, then this cost will be removed from the cost of the two new lights. At the moment we can give no precise idea of these savings as the actual condition of lights will only be determined when they are removed from the existing poles.
This will bring the standard of lighting along this section of the Ballagawne Road up to a much more acceptable level at what we believe is a minimal cost to the Commissioners.’
It was agreed that the work should go ahead but Mr Gilbertson was to be asked if he had investigated the wooden pole option rather than the columns.
e) High Hedges – reported in private session.
f) Traffic matters –
The Clerk had attended the Traffic Meeting on 14th and gave a report.
Letter from Mrs Stott from Croit-e-Caley re the speed of traffic through there. The Clerk had brought it up at the Traffic Meeting. They would put a speed count there now that the school holidays were over.
Ballafesson Road – speed roundels. Still to be done.
Ballachurry Corner – standing water. Still to be done.
Plantation Hill. – Danger to pedestrians, etc on hill. Nothing on this.
Speeding on Howe Road – Nothing further.
Civic Amenity Site lines and signs Nothing.
The Level/Croit-e-Caley. (see above)
Glen Chass – sharp corner & turning circle. Cul de Sac sign. This was not up yet.
Shore Road – speed. Nothing further on this – there had been no further problems reported.
Glen Chass Road – narrow corner. Nothing further.
Kerbstones at Ballnahowe – Road closed for repairs – notice received. Presumably DoI would be doing this at the same time(not really ‘Traffic’.)
Ballakillowey Roundabout. RPC had been sent speed counts previously. The Clerk had said there was a problem with traffic from Ballakillowey.
Cregneash – safety of pedestrians coming to and from the car park to look at the Village. This was a long standing problem. It was suggested by Hugo McKenzie, DoI, that they have a site meeting with RPC. He said that the bollards which were at the entrance stop people walking out the safest way. MNH had never in the past wanted any signs or markings on the road – RPC had meetings over the last 16 years with DoT to try to solve this.
It was agreed that the Clerk write to MNH inviting them to the site meeting so that this could be tackled again.
g) Police Next Police Meeting would be on 27th Sept. There were no items for the agenda.
h) Litter, beach cleans, dog fouling, etc
A complaint had been received that someone in the Ballakillowey, Ballagawne Road, Mount Gawne Road area was throwing the full dog mess bags in the hedges in these areas.
Mr Radcliffe was to put up a dog bin on the traffic sign on the Ballachurry side of the new roundabout. This had been delayed due to the roadworks being carried out for the roundabout.
Mr Cain had previously suggested that the signs which appear in glens, etc around the Island should be investigated. It was thought that DEFA made these and the Clerk was to contact them. The wording which appeared on them was ‘consider others – use the bin provided’.
i) Ballafesson Playing Field, Car Park at The Howe, Signs
It had been reported to the Clerk that a teenager was walking his dog in the Playing Field. Also that he had been seen trying to break into the shed. The Clerk said that the No Dogs sign had come off the gate – it was only a laminated sign. It was agreed that a new sign should be ordered from Colas – the wording to be ‘No Dogs. Children’s Play Area. By Order of Rushen Parish Commissioners.’
Mr Cain pointed out that the Playing Field sign was becoming overgrown and needed cut back.
The Clerk asked if the doors should be taken off the shed and a seat put in it – make it somewhere for the young people to gather? However, it was decided that this would cause problems and the shed was to be knocked down as it was no longer required for a lawnmower.
j) Web Site.
Once Mr Vernon was back from holiday he would update this. He had had problems with his computer.
k) Southern Civic Amenity Site
Mr Cain made a report with regard to the composting. Douglas Corporation had been used as a contractor to deal with the composting. They had broken down and JCK were carrying out the work temporarily. They were able to do in one day the amount which had taken four days previously. They were expensive but probably worth it.
l) Municipal Association
Mr Gunn gave a report of the last meeting. There had been a speaker there with regard to the Audit Act. Local Authorities were of the opinion that some of what was required to be carried out was unacceptable and the cost to high. It had been felt that Local Authorities should get together and lobby the Government for greater choice with regard to the Auditor. There would be no meeting in October.
l) Southern Swimming Pool
Mr Radcliffe reported that the pool manager had given a month’s notice and was going to work at the Ramsey pool. There may possibly be short term problems.
m) Allotments The Appeal decision had been given. The Appeal failed and permission was refused for the 25 sheds – see ‘Planning Appeals’. PSM Commissioners had discussed this at their meeting and it had been reported in the Independent.
The Committee Meeting – two dates had now been given – 4th or 12th October. Mr Radcliffe to attend as representative.
n) Southern Healthcare Committee
Mr Tinkler said that there was nothing to report.
o) Marashen Crescent
Mr Radcliffe reported that the new phase of Reayrt y Crink was on schedule.
p) Rushen Ambulance Mr Tinkler said there was nothing to report as there had not been a meeting.
q) MNH nothing further
r) Risk Assessment
Mr Edwin was working on this at present and had also sent a document on ‘lone working’. The Clerk expected him to contact her shortly.
s) Land in front of Hillcrest, Cregneash
The Clerk had advised Mr Edwin that this was now to be included in RPC’s Risk Assessment. Mr Cain reported that he had asked Mr D Cooil to cut this but the weather had not been suitable.
t) Golden Jubilee Trust Mr Radcliffe said that there was nothing further on this.
u) Unsightly buildings and land
Northing further from Mr Richmond.
v) Sloc Sites & Seats
Chasms path – Mr Cain had been given information about the seat and plaque to Ned Maddrell. There had been a seat there for years and it had needed replacing. A seat had been put in its place by Mr Wilkins in memory of his wife. Planters which he had put there had been broken. A plaque had been put up at the original seat but had been taken off the wall and put up to the side.
Anne Kaye had also written a letter to RPC with regard to this matter.
Mr Cain said that he would meet with Mr Wilkins in an endeavour to sort the matter out.
Memorial to wartime plane crash. Whilst talking about this area Mr Tinkler mentioned the 1945 plane crash and asked if there should be a memorial there. It was agreed that he should contact the people who run the Aviation Museum at the Airport and mention that RPC were interested in being a part of providing such a memorial.
w) Croit-e-Caley Green – bench and tree.
Mr Cain was to deal with this. The Clerk had looked at the Deeds of the green and noticed that it was called Lhiondaig there. It was agreed that Yn Lhiondaig should also be put on the plaque.
x) Agricultural Rating
The Clerk had received the rates listings from Jon Grubb from Rates Section – via email. Unfortunately they were hard to read on screen and a lot to print out as they were not coming out on one-page width. When she had time she would try again.
y) Grass Cutting
The Clerk had contacted Mr Cregeen to confirm that S Booth should cut the grass for another couple of months. A new tender document would have to be drawn up, taking into account any other jobs besides grass cutting which would be required. It would have to be worded carefully.
The Clerk was to draw up a draft contract based on the former one. It was to be for 1 year initially but extendable to 3 years. There should be an hourly rate for the handyman jobs. The changes were to be brought to the next meeting.
In the meantime Mr Tinkler requested that Mr Booth be asked to pull out the weeds in the stream at the Horse Watering Place when he was next cutting it.
z) Newsletter
Mr Radcliffe said that he would try to do this before Christmas.
ab) Rushen & Arbory – possible sharing of services.
Mr Cain said that he wanted to speak to the Chairman of Arbory, Mr Adrian Cowin, about office sharing.
Ac) Disaster Recovery Plan
The Clerk said that she still had the old computer, the first one she had been provided with. What should she do with it as it would have data on it? The information was to be wiped and it was to be scrapped.
Ad Children’s Sports/Hop tu Naa
Mr Radcliffe said that he may be able to sort something out for this.
Ae) Ballagawne Road – bus shelter.
The Clerk had attended a Traffic Meeting at which bus shelters (Arbory School) were talked about. It had been made very clear that there was no money available for shelters.
As it was felt that there was a need for shelters in certain positions the Clerk was to ask if there would be any available if RPC provided the base and erected them.
Af) Winter Concert/talk
Mr Cain had not seen Mr Kneale yet but he would do so. It had been envisaged that the Concert would be held in January or February.
Ag) Port St Mary Commissioners – dog fouling. This was to be taken off the Agenda.
RESPONSIBLE FINANCE OFFICER’S REPORT. Available in the Minute Book kept at the Office.
8. CORRESPONDENCE
a) Election Posters.
Email from Laurence Skelly asking permission to put up posters. This had been given.
b) Walney Extension – Wind Farms. Community Consultation.
The presentation for IOM will be held at Villa Marina, Douglas on 15th September 1-7pm. This was noted.
c) Civic Sundays
Laxey Village Commissioners – invitation to attend Sunday 18th September at 11.15am at Christ Church.
Castletown Commissioners – 9th Oct, 3pm at Methodist Church.
Braddan Commissioners – 6th November, 3pm at Kirk Braddan.
There would be no attendance by RPC.
d) Consultation – Tax Office – ‘Payment of Personal Allowance Credit also – Tax Relief for letting a room in your home. Received by email and forwarded to members 16th Sept. There were no views on this.
e) Three Legs of Mann Classic Car Trial.
To be held 16th and 17th March 2012. There were two parts in Rushen – Mull Road from The Darragh to Cregneash – 14.00 to 17.00 hrs on Saturday 17th March and also Sloc Road just north of the entrance to Scard to the junction with the Eary Cushlin track – 13.15 to 16.15 hrs on Saturday 17th March 2012. This was noted.
f) Manx Telecom
Phones had been changed over to new network. Information regarding services. Noted.
g) Road Closure – End-to-End Walk (Rushen) Order 2011.
Copy of the above received (copied to members 13/9) The Order closed the A36 Sloc Road in Rushen for safety reasons, between 1.30 pm and 4 30 pm on 25th September to enable the End-to-End Walk to take place.
End to End mountain bike race. The Clerk had received a phone call from GreenMan Spring Water who were providing the water for the End to End Mountain Bike Race on 18th . They wanted to borrow bins – she had said they could borrow the three or four bins which RPC had put at Ballachurry Orchard over the summer for various events. However, they had not used them.
h) Road Transport Licensing Committee. Applications, Decisions and Notices. Noted.
i) Chief Minister’s e-newsletter. Forwarded to members 18/9
j) Physical Activity Strategy 2011 – 2016.
Received Strategy booklet and also Implementation Plan. The Clerk pointed out that it was an extract from the draft of this which she had used in the Ballakilley Working Party submission.
PLANNING MATTERS
9. PLANNING APPLICATIONS
a) 11/1166. Homefield, The Level. (the old shop). Mr P Luckman. Proposed replacement garage and workshop.
The owner of a neighbouring property had been to look at the plans and had been concerned about the height. Whilst RPC had no objections the neighbour’s concerns were to be mentioned.
b) 11/1237. 19a Odins Way, Ballakillowey. Mr D Ward. Demolish existing garage and build and extension to the house is in place. ‘The extension is similar to the one approved recently PA 11/2671, just smaller’. No objections.
10. PLANNING APPROVALS
a) 11/956. Field 414321. Ballakillowey Road. Vivienne Pamela Chimes. Erection of two timber sheds. Conditions include – 2. This approval relates to the erection of two timber sheds as proposed in the submitted documents which are dated 11/7/2011. 3. The side elevations and the roof of the stable block are required to be painted/finished and maintained thereafter in and olive green/dark green colour. 4. In the event of the sheds erected under this approval becoming redundant they must be taken down along with all ancillary infrastructure and be removed from the site within 3 months of the cessation of use and the land restored back to its original use. Decision – Development Control Manager
Issued 1st September 2011. Noted.
11. PLANNING REFUSALS none.
12. PLANNING APPEALS
a) 10/1815/B. Sand Field, Mount Gawne Road – Allotments. Port St Mary Commissioners. Erection of 25 sheds. Hon. P J Shimmin, Deputy to the Minister has considered the Inspector’s Report and concurs generally with his conclusion. In particular he agrees that, as submitted, the proposed development would have an unacceptable impact to the appearance and rural character of the area and would cause unacceptable harm to the residential amenity of adjoining dwellings. However, he has also noted the appointed person’s conclusions in paragraph 27 of the report, where mitigation measures are set out. These would involve plots 13,14, 27 28 and 51 being taken out of allotment use and being planted up as native broadleaf woodland. In these circumstances, the deputy Minister has directed that the appeal should be dismissed and the application refused for the reasons referred to above, but has also indicated that his decision is without prejudice to the submission of a further application which includes the mitigation measures outlined in paragraph 27 of the report.
Inspector’s Assessment:
19. Drawing from Section 10(4) of the Town and Country Planning Act 1999 General Policy 1 of the IOM Strategic Plan 2007 requires the planning authority to have regard to the provisions of the development plan and all other material considerations. Currently the development plan for the area is comprised of the Isle of Man Development Plan Order 1982 and the IOM Strategic Plan 2007. The site is designated ‘White Land’ not zoned for development in the 1982 Development Plan. The key considerations are (1) whether the proposal accords with the development plan; (2) the implications for the visual amenity and character of the area; (3) the impact on residential amenity; (4) the appeal decision for application PA 10/0468; (5) whether the objections can be resolved by planning conditions and (6) any other material considerations.
(1) The development plan
20. Local Authorities on the Island have a statutory duty to meet demand for allotments. There is general support for them in principle and, given the scarcity of suitable urban sites, the likelihood is that they will be located in rural areas. However, there are no strategic planning policies for the creation of allotment gardens in the IOM Strategic Plan and the proposed sheds do not fall easily within any of the exceptions for development outside areas zoned for development listed in General Policy 3 (a)-(h).
21. The activity of allotment gardening does not constitute development requiring planning permission but planning control applies when allotment holders wish to erect sheds on their plots. In this allotment gardens are broadly analogous with horticulture, market gardening and nursery gardening, albeit without the commercial character usually associated with those uses. Therefore it is relevant to not the advice in the Strategic Plan at paragraph 7.124.1 that such development can be intrusive in the countryside and that the development of such sites needs to be carefully managed particularly in order to prevent the proliferation of buildings leading to an adverse impact on the character of the area. This issue is addressed in Environment Policy 17, the gist of which is that the development of buildings associated with nurseries and market gardens will only be permitted where the development is in keeping with the character of its surroundings, would not unacceptably affect residential amenity and the buildings are erected away from public highways and are screened from public gaze. It is reasonable to infer that these considerations are relevant in assessing whether to grant approval for the proposed 25 sheds.
(2) The visual amenity and character of the area.
22. Public views of the site are limited but Environment Policy 1 requires that the countryside will be protected for this own sake. There is much visual evidence (including gates, fences, wooden frames, pergolas, poly-tunnels, plastic bins, water butts and large quantities of conspicuous coloured netting) that the allotment gardens have already had a seriously adverse impact on the appearance and character of this area of open countryside. The proposed 25 sheds would hid some of the smaller scale clutter e.g. barrows, mowers, tools, plant pots, etc. However, more significantly from a wider landscape perspective, they would add to the built-up and disorderly appearance of the site and consequently would harm the appearance and character of the area. Also, since there is no planning reason for the proposed distribution of the sheds, it could be difficult to resist further requests for sheds, which would lead to further visual harm.
(3) Residential amenity.
23. My site inspection confirmed that the allotments are prominent in views from the adjoining residential properties, Carrick Bay View and Highfield. By adding to the built-up and disorderly appearance of the allotments the sheds would harm the amenity of these residential properties. The proposed boundary would not provide adequate screening and would do little to mitigate the harm.
24. As well as gardening some allotments are used for socialising in summer. While the Allotment’s Committee are taking measures to address anti-social behaviour, the quality of management may vary over time and there is no guarantee that it will always be successful. A more effective solution would be to ensure adequate separation between the allotment gardens and the noise sensitive properties.
(4) The appeal decision for application PA 10/0468.
25. The planning history is significant in this case and clearly the planning officer was professionally obliged to take the previous appeal into account in her report to Committee. The appeal decision has not been challenged in the High Court. Therefore the assertions made in a letter from PSM&DAS regarding the legality, rationality and propriety of the decision have no legal standing in the consideration of the current application.
26. There are no greenhouses and a reduced number of sheds are proposed compared to application PA 10/0468. However, I agree that if the current proposal is approved it is difficult to see how there could be effective planning control to prevent a proliferation of sheds leading to a similar situation to that considered unacceptable in the previous appeal decision.
(5) Whether the objections can be resolved by planning conditions.
27. At the Inquiry it was agreed that the allotment scheme would have benefitted from greater thought at the outset and that the dense layout of plots allows little room for major structural planting. However, it seems to me, that the principal objections could be overcome by a relatively modest readjustment of the layout of the eastern apex of the site. I suggest that plots 13,14,27,28 40 and 51 should be taken out of allotment use and planted up as a native broadleaf woodland. The woodland would provide substantial screening and physical separation of Carrick Bay View and Highfield from the allotments. It would also screen the allotments from ‘public gaze’ from Mount Gawne Road. Last but not least, it would form an attractive backdrop to the site when viewed from the west and would help to assimilate the allotments and their sheds into the landscape.
28. I appreciate that the suggestion would entail major personal sacrifices for the holder of those particular plots affected and that tree shade and water table changes might affect others in the vicinity. However, it would allow 25 sheds to be erected and would leave open for further consideration the applicants’ suggestion that sheds of an agreed specification could be allowed to be erected on any of the remaining plots should they be required by the individual plot holders.
(6) Other material considerations.
29. In the light of the security implications, it is questionable whether the concept of communal sheds is a practical solution. The suggestion that sheds should be restricted to the lower part of the site and or grouped together in a symmetrical formation would not provide sufficient flexibility to respond adequately to the needs of individual plot holders and therefore is unlikely to prove satisfactory in the longer term.
Conclusion and recommendation
30. In the absence of the mitigation suggested in paragraph 27, I conclude that the proposed development would have an unacceptable impact on the appearance and rural character of the area and would cause unacceptable harm to the residential amenity of adjoining dwellings. However, if the applicants were agreeable to amending the application so as to incorporate the suggested mitigation, I am satisfied that conditional planning approval could be granted and recommend accordingly.
G. Farrington. Independent Inspector. 9th August 2011. Issued 24th August 2011.
13. COMPLETION CERTIFICATES none.
14. OTHER PLANNING MATTERS none.
15. ANY OTHER BUSINESS
a) Hedge at Garthcote,etc.
A resident of Ballakillowey Road had telephoned the Clerk to complain about the hedge at Garthcote on the corner of Sloc/Ballagawne Road. It had been ‘lightly trimmed’ at the beginning of the summer but was growing out over the pavement and she said that people at the bus stop couldn’t see the bus coming. Also – the hedges/banks on the back boundaries of some of the houses on the Ballakillowey Estate were not being kept trimmed as they used to be. They were growing out over the pavement and also people were allowing their dogs to foul in the grass at the edge of this and children were stepping in it.
RPC had written to the owner of Garthcote a few months previously asking him to cut the hedge. It was believed that someone was now living there after it being empty for very many years. The Clerk was to write again. With regard to the hedges at Ballakillowey/Sloc Road she would need to look and see which hedges were the problem before contacting the owners.
b) Letter of welcome to the new Vicar
As there was now a new Vicar for the Parish of Rushen, Reverend Joseph Heaton, a letter of welcome was to be sent.
Mr Cain said that he had attended the Induction of the new Vicar and said that it had been a very good service.
16. DATE OF NEXT MEETING Wed 19th October 2011.
As there was no further business for the public session the meeting went into private session.