Meeting held 7pm Wed. 16^th November 2011 at Ballafesson Hall.

MINUTES

Present: Mr D Cain (Chairman),  Mr P Vernon (Vice-Chairman),  Mr P Gunn,

Mr D Radcliffe.   The Clerk, Mrs G Kelly, was also in attendance.

Apologies – Mr A Tinkler.

1.  MINUTES

The Minutes of the Meeting held Wednesday 19^th October 2011, having previously been circulated, were taken as read and agreed a true record.

2.  MATTERS ARISING:

a)  Southern Area Plan

This was due to reconvene on 21^st November at Legislative Buildings, Douglas.  The Inspector had requested additional written evidence regarding two specific sites, neither of which were the concern of RPC and was following legal representations from one of the objectors to the plan.  This would last two days.

It was noted that there was no need for RPC to attend.

b)  DoI/Local Authority Issues

Local Elections Legislation LA Election Thursday 26^th April 2012.

Rate Arrears -Writing off debts – email from Braddan Commissioners re them collecting their own rates – see 8 e)  Correspondence.

It was agreed not to consider asking them to look into collecting Rushen’s Rates.

Rate Arrears – email from Jon Grubb (forwarded to Members 14/11) Rating Executive from Treasury,  expressing  that he was astounded to hear Braddan Commissioners’ statement that Treasury were not following up non-payers through the Courts – he said that this was grossly inaccurate and that in 2009/10 they collected 99% of rates; highest collection rate for 2010/11 rating year at the moment was 99.96%.

This was noted.

c)  Waste Management and Refuse Collection

Bad debts – Mr Tinkler had not yet given the information to the Clerk.  There was also another householder who had not paid for some time and the Clerk said she would pursue this.

d)  Lighting/MEA

Ballagawne Road project.  This was in the process of installation.

Light at Cronk y Dhooney – reported to be beyond repair – badly corroded.  Estimated cost £350 + vat.  The Clerk had contacted Members – 3 replied agree to go ahead and she had therefore given instructions for the work to be done.

Light RN100 Truggan Road. Reported as requiring renewing – currently working but the fitting and arm were badly corroded and recommendation was for replacement.  Estimated cost £457 + vat.  It was agreed that instructions should be given to go ahead with this work.

e) High Hedges - reported in private session.

f)  Traffic matters  and DoI.

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. (this had been mentioned to the 3 Rushen MHK’s in RPC’s most recent letter and was also to be brought to the Minister’s attention)

Speeding on Howe Road – This had been monitored.

Civic Amenity Site lines and signs.  40mph sign ‘should be replaced shortly’.

The Level/Croit-e-Caley. The speed of traffic had been on the Traffic Meeting agenda.

Glen Chass – sharp corner & turning circle. Cul de Sac sign.   Mr Cain reported that this had not been done yet.

Shore Road – speed.  This had not been mentioned at the Traffic Meeting.

Glen Chass Road – narrow corner. Nothing further.

Kerbstones at Ballnahowe – Road closed for repairs

Ballakillowey Roundabout. Nothing further.

Cregneash – safety of pedestrians coming to and from the car park. There had been a site Meeting with Hugo McKenzie of the Southern Traffic Liaison Group.  Mr Southworth, Director of MNH and Mr Blackford Properties Manager along with Mr Vernon and the Clerk attended.  They had met at the car park to discuss a safe crossing place down to the lane and also walked along the main road to the other end of the Village to look at safety from that end.  The wooden bollards at the entrance to the car park seemed to cause problems in that they were guiding people onto the most dangerous part of the road to cross.  These appeared to be part of a Millennium project.  Various other aspects would be looked at including extending the speed limit at the top of The Howe, hopefully before the next Traffic Meeting.

Mr Cain suggested that RPC could be keeping the hedge near the entrance to the car park cut back to help with visibility and he would ask David Cooil to do it with his hedge trimmer.  The Clerk said that the debris should be swept up afterwards as it may cause skidding problems on the road surface.  Mr Cain pointed out that it shouldn’t be a problem as the DoT don’t sweep up after they have trimmed hedges.

The Clerk had written to the three newly elected MHKs for Rushen expressing the concerns about Ballafesson Road and Ballachurry Corner and also Plantation Hill.  Mr Watterson had  said that he also had concerns about Plantation Hill.  The Clerk was also to write to Mr David Cretney, new Minister of DoI, with regard to the various problems.

DoI – email rec. re All Island Depot Strategy Project  – copied to Members.  Noted.

g)  Police.

The Clerk had attended the Police Meeting on 2^nd Nov. at PSM Commissioners’ board room.  The Inspector was not available so Sergeant Paul Kemp took the meeting.  There were two crimes in Rushen – possession of drugs and theft of 1,000 litres of fuel.  The Police had asked if all LAs could mention in their Newsletters, if they produced them, that people should lock their oil tanks to prevent theft.

Seat at The Chasms – Mr Cain had spoken to Mr Wilkins. – reported later.

h)  Litter, beach cleans, dog fouling, etc

Dog bin on the traffic sign on the Ballachurry side of the new roundabout.  Mr Radcliffe said that he didn’t appear to have any dog bins in store.  The Clerk said that there was still one at her house and he said he would collect it.

Signs – The Clerk was to ask for prices for five or ten of the wooden signs.

Beach Cleans – Michelle Heywood and the Parents group from Scoill Phurt le Moirrey had cleaned Fleshwick on 6^th Nov.- beach, banks and stream including lots of small items. They collected 5 bags which they left at the top of the shore.  She said that they would go there in another three or four weeks to keep on top of it.

It was agreed to pay £10 per bag and a cheque would be sent.

i)  Ballafesson Playing Field, Car Park at The Howe, Signs

The Clerk had received another call to say the boy was in the field with his dog again. She went over and spoke to him and asked him not to take the dog in again.  The new sign has arrived and Mr Radcliffe had put it up.

The shed.   Nothing further at present.

Swing –  The Clerk had an up-to-date price for the matting – Playsafe Safety Grass from Wicksteed.  This was the surface which grass grows through.  For 20sq m 14 mats at £40 per mat + vat. would be required.  Delivery charge was 5%.  Delivery time would be 3 – 5 weeks.

It was agreed that this should be ordered for delivery to Mr Radcliffe.  The Clerk had heard that Port Erin Commissioners were thinking of getting new playground equipment and she would ask about this in case RPC’s order could be delivered at the same time.

Swings – it had been decided previously that there should be an ordinary swing and a ‘toddler’ swing but the Clerk queried this as she thought that it would be likely that two larger children were more likely to use the swings together and that this may mean that the ‘toddler’ swing could be broken.  It was agreed that two of the same, larger, ones be ordered.

j)  Web Site. Mr Vernon was keeping this updated.  The Audit availability for inspection advert was to be put on the web site.

k)  Southern Civic Amenity Site

Mr Cain said that there was nothing to report.

l)  Municipal Association

Mr Gunn said that he had not been able to attend the last meeting. Received from the Secretary – Keep Mann Tidy letter sent to Municipal Association – not to all LAs. Also – sent to Municipal Association but not to all LAs – Jeff Robinson’s presentation slides on winter snow preparations.

Also from Municipal Assoc. – forwarded from IOM Government – Street Cleaning Performance Management Programme – Local Environmental Quality Survey Report.  This was prepared by ‘Keep Britain Tidy’ for IOM government.  ‘The aim of the survey is to provide an independent assessment of key aspects of local environmental quality.  It is based on the results of the survey undertaken by Keep Britain Tidy during March 2011.’

These were all noted.

l)  Southern Swimming Pool

Mr Radcliffe had attended the last meeting but it had been non-quorate – only 2 Members there.  He reported that the new Manager had started work.    Invoice received for the annual payment – for year ending 12^th March 2012 – £3,085  90.  Approved for payment.

m)  Allotments Mr Radcliffe said that there were no Committee meetings due yet.

n)  Southern Healthcare Committee Mr Vernon had attended the AGM.

p)  Rushen Ambulance Mr Tinkler was not present so there was no report.

q)  MNH nothing further

r)  Risk Assessment

Mr Vernon and the Clerk had reviewed the Risk Assessment and were satisfied that nothing had changed.

s)  Land in front of Hillcrest, Cregneash Nothing further.

t)  Golden Jubilee Trust Nothing further.

u)  Unsightly buildings and land A list of zero-rated properties was to be requested.

v)  Sloc Sites & Seats, etc.

Chasms path –   seat and plaque.  Mr Cain had been to see Mr Wilkins regarding the plaque for Ned Maddrell being moved from above the memorial seat to Mrs Wilkins and her father.  Mr Wilkins had said that the plaque shouldn’t be above his seat and if it was put back he would take the seat away.

Mr Wilkins had contacted the Clerk and seemed upset. He said that RPC had given permission for the seat to be there.  The former seat was just a plank and was in very poor condition.  The Clerk had said that she would look through the Minutes to see when that was. She reported to the meeting extracts from the Minutes for 17^th June 1998 – Mrs Wilkins wanted to place a seat on the road to the Chasms in memory of her late father.  A letter of agreement was sent to her.  Minutes 18^th Nov 1998 – a letter was received from Mrs Wilkins stating that they were having a 6ft wooden bench made for the site and that they would erect and maintain the seat.  She thanked Mrs Shimmin and the Clerk for help received.

Mr Wilkins said that if the plaque was put back above his seat then he would remove the seat but he would leave the place tidy.

Mr Charles Guard had said that they had permission from the owner of the wall, Professor Maddrell, to put the plaque on the wall where the original seat had been. It had been put there about 7 months previously.  Mr Wilkins had no right to say that it couldn’t be there.

Mr Cain had a photograph of the seat and the vandalised plant containers had now been replaced with urns.  It was agreed that any memorial seats put up should not be permitted to be turned into a shrine – it should only be a seat with no ornaments, plants, etc.

It was agreed that, should Mr Wilkins contact the Clerk again she would tell him that permission had been given by the owner of the wall that the plaque could be put in that position.

Memorial to wartime plane crash. – crash happened late morning Sat. 14^th April 1945 – above the Chasms.

Mr Tinkler had spoken to Mr Ramsden from the Air Museum and they were keen to be involved in having a memorial put at the site. They had information at the museum on this crash, copies of which had been given to Members. They were in contact with some of the relatives (some of whom had been over in the past to visit the site). They had also provided photos of some other monuments on the Island – Maughold Commissioners and the Manx Aviation Society erected a plaque for a Flying Fortress crash on North Barrule.  If RPC were going to do something similar for this one in time for the anniversary of the crash (in only 5 months time)  then an agreement would be required and also an agreement for funding.  As it was the Board of RPC who had been considering this then it should be for them to carry it forward.  The Clerk reminded Members that the election was at end of April the following year.  It was agreed that Mr Tinkler and the Clerk should take charge of this and they were to meet with Mr Ramsden at the Air Museum.

Mr Cain said that the owner of the field where the crash took place was Mr Eric Watterson who lived at The Point, Port St Mary.  His permission would be required if the memorial was to be put in the field.  The position for the memorial was discussed and it was felt that it should be at the style in the wall of the field.

w)  Croit-e-Caley Green – bench and tree.

Stone – Mr Cain had brought his piece of slate to Pooilvaaish Ltd for engraving but they said that there was a problem with it.  They said that they would provide the stone at no extra cost.

x)  Agricultural Rating

The Clerk had gone through the rates list which had been sent by Treasury by email.  She had found some which may no longer be ‘agricultural’ and she read out the list.  She was to query whether they should still be rated as such.

y)  Grass Cutting

Contract document and 2010 advert –  had been copied to Members to look through to recommend any changes. Suggested additions had been highlighted.  This needed to be advertised soon.  The Clerk asked if it would be based on the number of cuts which Mr D. Cregeen had been doing and whether it should include the possibility of weed-spraying.  She also asked how much information should be given as regards the present contract e.g. the present costs and Mr Crgeen and Mr Booth would already know this.   It was pointed out that the costs would be available in the Minutes, which were open for public inspection.

The Contract was to be initially for one year, with an option of a further two years.  Commencing on 1^st February.  The advert was to be put in the Examiner and Courier in the first week in December, for one week.  Closing date for Tenders to be received was to be 11^th January.  These would then be discussed at the Meeting on 18^th January so that a decision could be made then.

z)  Newsletter Mr Radcliffe to progress this.

ab) Rushen & Arbory – possible sharing of services.

Mr Cain said that he had seen Mr Cowin, Chairman of Arbory Commissioners again and he understood that they would be discussing the matter at their meeting.

Ac)  Disaster Recovery Plan

Email from Colin Whiteway of Braddan Commissioners (copied to Member 15/11).  He had spoken to Ian Radford from Baker Tilly, who had an office fire the previous year and had only now got back into their offices.  He had asked if they would be interested in imparting their knowledge on a Contingency Plan.  They were willing to do so and had opened it up to other LAs.  Mr Radford suggested a 15 min slide show with a longer question and answer session – possibly taking half a day. They could cope with 20 people maximum but if there was more interest they could possibly get a larger venue.  Reply by 31^st Nov if interested.  The Clerk was not instructed to contact them.

Ad  Children’s Sports/Hop tu Naa to be taken off the agenda at present.

Ae)  Ballagawne Road – bus shelter.

There had been a lot of emails back and forward between MHKs and IOM Transport and DoI.  DoI had looked into this and had come to the conclusion that if there was to be a shelter it should be over near Ballagawne Nurseries, where there is a pavement.  However, a letter had now been received from Mr Longworth, Director of Public Transport (copy given to all Members).  Juan Watterson MHK had raised the matter with them on 18^th October and there had been a site meeting between officers of DCCL and DoI.  All available options were assessed and the site near Ballagawne Nurseries was considered the safest, although it is approx. 120m further from the Ballakillowey junction.  DoI had given an informal verbal estimate for hard standing of £10,000 – £15,000 as extensive groundworks would be required due to the drop behind.  The inclusion of a shelter would increase the depth of the hard standing required from the highway edge.  ‘As you are aware our funding has been reduced and our budget for bus stops and shelters has been severely cut.  At present the current year’s funding has been used and we therefore have no spare shelters available.’  The latest price mentioned was £20k, presumably including a bus shelter.

This was discussed and thought to be too expensive and would be in the wrong place.  The possibility of putting a hard standing area at the existing bus stop was discussed and Mr Vernon and Mr Radcliffe were to have a look at this and report back to the next meeting.

Ballachurry Bus Shelter - Juan Watterson MHK had sent an email forwarded to Members 27/10.  He had received a complaint from a resident of Fairy Hill about RPC’s bus shelter being open to the prevailing winds.  (This shelter was built by RPC Members themselves)  The provision of some sort of screening was discussed and the Clerk was to ask Colas if they sold heavy duty Perspex sheeting which would be suitable for this purpose.

Af)  Winter Concert/talk

The Clerk had provisionally booked Ballafesson Hall for 3^rd and 10^th February.  Mr Cain was to ask Mr Dessie Robinson and Mr Michael Kneale to see which date suited them.  Mr Radcliffe said that he had not spoken to Mrs Corrin yet about the catering.

Ag)  Hedge at Garthcote. A reminder was to be sent to the occupier.

Mr Vernon brought to the Members attention the hedge on Ballafesson Road owned by Mr C Cowley.  He said that this was growing over the pavement again.  A letter requesting him to keep it cut back was to be sent.

ah)  consultation – Draft Planning Policy Statement – Replacement and extension of Dwellings in the Countryside.

The Clerk had completed this on-line with the answers as agreed at the last meeting.

ai)  Castletown Commissoners – sharing services. Email from Clerk of Castletown  – they suggested a meeting at 7pm on either 1^st or 8^th December at their office.  They also suggested that a maximum of 2 Commissioners and Clerk attend.  There was no formal agenda yet just a general discussion but if Members had any specific items let them know and he could start one.  Mr Vernon, Mr Tinkler and the Clerk were to attend and it was agreed that 1^st December was the most suitable date.

aj)  Port Erin Commissioners – contributions to Library and Fireworks

Letter of thanks received.

Ak) Zero rated properties

This was to be brought up with the 3 Rushen MHKs when they met with RPC.

al)  New Youth Committee.

Mr Radcliffe had  attended this for RPC.  Mr Cain indicated that he had also attended as it had been open to the public.

It seemed that there was plenty for the young people of the south to do but it needed co-ordinating.  One of the things mentioned was the provision of sheds/shelters where there could be solar-powered power supplies for young people to plug in their computer games, etc.  These would be places for young people to gather without being ‘organised’.  Mr Dave Hattersley, Youth Officer, had spoken of these and the Clerk said that he had also mentioned it at the Police Meeting, which he regularly attends.

am)  Christmas Tree.

This had been ordered – delivery requested for 10^th December.

an)  Rushen MHKs.

They have been invited to attend a meeting but not a specific date.

RESPONSIBLE FINANCE OFFICER’S REPORT.  This report available in the Minute Book as the Office of the Commissioners.

8.  CORRESPONDENCE

a)  National Service of Remembrance.

The National Service of Remembrance held on 13^th November at the Royal Chapel of St Johns.  Invitation for a representative to attend.  Mr Vernon and his wife attended for RPC.  The Chairman attended the Service at Rushen Parish Church and laid the Poppy Wreath on the Rushen Parish War Memorial.

Consultation questionnaire – Recreational Use of the Island’s Reservoirs document and questionnaire received from IOM Water and Sewerage Authority.  They were asking for views on the future recreational use of the Island’s reservoirs and these views would be balanced alongside the requirement to protect the Island’s raw water resources and the health and safety of the public.  They were ‘seeking a sound evidence base on which to develop the Authority’s Recreational Use Policy and, as such, your input into this process is invaluable.’

The Clerk had copied this to Members on 31^st Oct and asked if anyone wanted a hard copy – no replies received.  The Clerk was to send a general reply supporting some of the uses of the reservoirs.

c)  Scooter (disabled) access on public rights of way.

Email received from Juan Watterson MHK – a copy of one he had sent to DoI. Copied to Members 7/11.  Some of the accesses were not suitable for these ‘disabled’ scooters.  Public Rights of Way are for people on foot only and technically these scooters are ‘vehicles’. The Island does not having a Disability Discrimination Act which would enforce improvements to footpaths where it is reasonable for wheelchair and other disabled access.  The Rights of Way Officer would reconsider the types of gate that would be ordered in future for routes that might otherwise be accessible.  The Disability Discrimination Act is ‘in the pipeline’.

This was noted.

d)  Long or Heavy Vehicle Designated Routes.

Received by email – forwarded 9/11.   Noted.

e)  Collection of Rates – Braddan Commissioners.

Received by email and forwarded to Members 3/11.  ‘They were ‘stunned’ to hear of the problems that other local authorities are having in collecting their rates.  This is due to Treasury not following up the non-payers through the Courts.  Braddan now issue and collect their own rates and they now have a 99%+ success rate.  They could collect other local authorities rates and would charge a flat rate of 1.5% of the total rateable value of the Authority.  However, they could not appear in court for another local authority – that would have to be for that LA Clerk to do.’

It was agreed that Braddan Commissioners would not be approached to collect Rushen’s rates.

f)  Southern Chronicle.

A new community newspaper for the south had been launched by Bill Dale and Ricky Broadbent.  There had been an introduction to this at the Bay Hotel, Port Erin on 1^st November and Mr Cain had attended.  He reported that it was going to be published regularly.  Mr Vernon was to liaise with them with regard to publishing articles.

g)  Request from a student.

He was undertaking a waste management survey a part of his final year degree.  This would require some data from past years – hopefully 5 years.  He would be sending a questionnaire.  The Clerk had already given him some information and would complete any questionnaire he sent.

h)  Southlands – Christmas.

Invitation to join them at Southlands on Christmas morning at 11am for carols around the Christmas Tree.  RSVP.

i)  Port Erin Commissioners

Invitation to their annual Carol Service in St Catherine’s Church in Port Erin on 15^th Dec. Mince pies and punch would be served in the Church Hall after the event.

j)  Road Transport Licensing Committee.

Applications, decisions and notices.   Noted.

k)  Planning Committee.

Letter from Director of Planning.  Mr Howard Quayle newly elected MHK had been appointed Chairman of the Planning Committee.  ‘Mr Quayle is keen to improve the meaningful engagement and participation of Local Authorities in the work of the Planning Committee.  IN this respect Mr Quayle has suggested that each Local Authority may wish to identify (if not already done so) one of its Members as a Lead Member for planning matters.  This would then enable the Department to engage in a more targeted dialogue on planning matters directly with Local Authority Members.  In this respect, Mr Quayle is keen to extend an invite to identified Local Authority Lead Members for planning to regularly attend and observe meetings of the Planning Committee at which planning applications in their area are being considered.’

It was agreed that the Clerk would be the best person to attend but Mr Radcliffe was also nominated to attend for any controversial planning applications in Rushen.

PLANNING MATTERS

9.  PLANNING APPLICATIONS

a)  11/1493.  Copcut Elm, Ballagale Close, Surby. Mr P. West. Erect a single storey conservatory/porch to the rear of the property.

No objections.

10.  PLANNING APPROVALS none

11.  PLANNING REFUSALS

a)  11/1166.  Homefield, The Level (the old shop). Mr P Luckman. Erection of a replacement detached garage and workshop.  Reasons for Refusal:- 1. The proposed development would be contrary to General Policy 2 part of g of the IOM Strategic Plan 2007, as it would result in loss of outlook and daylight to the rear of the adjacent dwelling Lindisfarne, which would adversely affect the amenity of this dwelling to an unacceptable degree.   Decision – Director of Planning.   Issued – 24^th October 2011.

12.  PLANNING APPEALS

a)  11/0839 and 11/0840, Upper Kirkill, Ballakillowey Road. Mr & Mrs S Berry. The Appeal documents had been received and it was held at 2pm on Wed. 16^th November.  This is for both planning applications – the very modern and the large, more traditional.

Mr Radcliffe and the Clerk had attended and reported that, due to how the Inspector rang the Appeal, it seemed to be a bit of a waste of time them attending.    They were thanked for attending.

13.  COMPLETION CERTIFICATES

a)  03/7399.  Westwood, Christeens Way, Ballakillowey. Mr R Swayne. Conversion of garage to bedroom.  New garage/study and w.c.  enlargement of redundant conservatory.  Issued 13^th October 2011.

b)  09/7236.  Ballavayre Farm, Ballakilpheric Road. Hintock Ltd. New opening in existing outbuilding to become a domestic garage.  Issued 6^th October 2011.

14.  OTHER PLANNING MATTERS

a)  Planning application submissions – plans and supporting information.

Clerks had been invited to attend a briefing covering the above subject. Thursday 3^rd Nov. in Murray House. The Clerk had attended this – from 4pm until nearly 6pm, and she gave a report.  There were a few Clerks but in the main it was architects.  Most of the briefing was for architects and not local authorities.  The planners suggested certain things that they would like to see in submitted plans to make them easier for them and especially the public to understand.  One of the things that they said are really helpful was photo-montages.  They showed a few examples of plans for discussion and one of these (regarding replacement properties should not be larger than 50% of the existing) was Lhingague Cottage – the plan for which was for demolition and building a larger property. – larger than 50% – they said that this was acceptable as the existing was of poor design as it had been changed a lot and the accommodation (heights of ceilings I think) was not to today’s standards of building.    Just at the end, Jennifer Chance seemed to remember that there were some people from LAs there and asked what they thought.  The Clerk said she was the only one to speak and she had said that it would be of benefit to the public and local authority members if the actual measurements were put on the plans rather than having to scale them – she also said that this was especially important with regard to height and that the neighbouring properties should be shown for comparison heights.

These meetings were going to be held regularly.  She thought it was an awkward time of day to hold a meeting – it meant getting caught in the traffic.

b)  Application withdrawn – 11/0901/B Shenvalley Farm, Ballnahowe. Cheeseden Investments. Erection of a replacement dwelling with detached garage.

15.  ANY OTHER BUSINESS

a)  List of past Chairman.

The Clerk was going to compile a list from all the Minute books available.  Mr Vernon was to then go to the new centre at the Museum where various historical records could be researched on computer.  It was possible that many of the missing names could be found.

b)  Christmas Meal. Mr Cain was to organise this for 7^th January at the Shore Hotel.

16.  DATE OF NEXT MEETING Wed 21^st December 2011.

Meeting held 7pm Wed. 19^th Oct. 2011 at Ballafesson Hall.

MINUTES

Present:- Mr D Cain (Chairman), Mr P Vernon (Vice-Chairman), Mr P Gunn, Mr A Tinkler, Mr D Radcliffe.

The Clerk, Mrs G Kelly, was in attendance.

1.  MINUTES

The Minutes of the Meeting held Wednesday 21^st September 2011, having previously been circulated, were taken as read.  Mr Gunn asked for a correction to 2 l)  Municipal Association which should have read ‘there would be no meeting in September’  not October.  This was corrected and the Minutes were then approved for signing.

2.  MATTERS ARISING:

a)  Southern Area Plan

Mr Radcliffe and the Clerk had attended and spoken at the Inquiry on Wed. 5^th Oct at 9 30am and also on Tuesday 11^th October at 10.25am (after Port Erin Commissioners).  Mr Gunn and the Clerk spoke for the Ballakilley Working Party at 11.40am on the same day The venue was Morton Hall, Castletown.

A BKWP meeting had been held the week before the Inquiry.

The Chairman requested that it should be Minuted that the Board thanked Mr Radcliffe, Mr Gunn and Mrs Kelly for all their work both before and during the Inquiry.

The Clerk had received flowers from the Board, in appreciation for the work done, and she thanked them for those.

Unfortunately, the Inquiry had not finished when it should as there were some disputes between other parties who were to speak later in the week.  These were now to appear later in November and it was not, therefore, known when the Inquiry would end.

b)  DoI/Local Authority Issues

Local Authority Handbook.  Nothing further.  This was still only available on the DoI web site.

Local Elections Legislation LA Election Thursday 26^th April 2012.

Mr Tinkler asked the Clerk if she would clarify when the newly elected members would actually be board members.

Financial Training – The Clerk had attended the financial training afternoon on 26^th Sept.   She reported that some of it was interesting, some not relevant to a smaller authority such as RPC.

Michael Crowe from PKF had said that the ways things were going with  SORP it would be more on an international basis and be even more complicated.  It was going to be brought in but they didn’t know when.

One of the things everyone was concerned about was the way Treasury – Rates section – writes off debts without consulting with the LA Boards.  He did not think that this was correct.  There seemed to be a discrepancy in that Boards should approve the writing-off of such debts.  (For this year’s Audit, because the Junior who was dealing with RPC’s audit only brought this up as late as the previous week -  after speaking with the Chairman and as RFO she had to say that RPC would agree to it this year – but they wouldn’t in future.  If this hadn’t been done it would have caused even more delays to the Audit).

This should be something all Local Authorities should be approaching Treasury to sort out.

With regard to fixed assets – the way each authority treated public lighting was inconsistent but MC said it was not a particular issue.  All LAs must keep a Fixed Asset Register.  This would contain details of housing and operational assets.  Housing needed to be revalued every 5 years.  RPC’s houses were due to be revalued for the 2011/12 accounts

The Local Gov. Unit Manager had written to ask for feedback from the course – training, content, location or organisation.   They wanted to review the cost of this type of training event – the Department needed to make sure that the training courses they provide were achieving full value for money and the feedback would help to inform future provision.

Email (copied to Members 19/10) from Local Government Unit – they had received some queries from LAs about public/private meetings and the rights of the Dept. to ask for copies.  Sec. 34 of Local Government Act states that the Department may by notice in writing to a local authority to supply to the Department copies of the minutes of any proceedings specified.  i.e. the local authority, any committee or sub-committee of the authority or any joint committee established by the authority.  Also pointing out that there is no distinction in legal terms between a private meeting and a public meeting…. and are subject to inspection. LAs may wish to discuss ‘sensitive’ matters in private session and they suggested that such matters included contracts, housing allocation, staffing matters and land transactions or whenever it was likely that if members of the public were present during that item confidential information would be disclosed to them in breach of obligation of confidence.

Ratepayers of the district are allowed to inspect the minutes and make a copy of or an extract from those minutes.  Also DoI can ask for copies.  However, for minutes of decisions taken in private session which contain ‘exempt’ information i.e. staffing, legal or contractual matters or housing allocation eg then only a narrative summary need to be publicly available.  Local Authorities should not use private sessions other than to discuss sensitive matters as described above.

c)  Waste Management and Refuse Collection

The ‘second bin charge’ letters had been sent out on 6^th October.

Bins – Patrick Commissioners had contacted the Clerk to say that they were making an order for 50 bins and asking if anyone else wanted to order some to bring the price down.  They had been quoted £25 – £30 each plus delivery – a bit more expensive than last time.  The Clerk had asked them to order 10 for RPC.

d)  Lighting/MEA

Ballagawne Road project.  Ian Gilbertson had replied that he was unable to offer the option of using new wooden poles instead of columns but would continue pursuing this for the future.  However, where existing poles were in a sufficiently good state of repair they may be retained for street light purposes to minimise costs.

The Clerk had asked him to get the work done as soon as possible as it the time of the year when it was getting dark early.  She was also to ask if he could make sure that the trees were cut back so that they wouldn’t obstruct the lighting.

Light by Greystones, Ballakillowey.  Report from MEA that the fitting was broken and on the ground due to being badly corroded and was beyond repair.  Estimated cost for new one was £457 plus vat.      It was agreed that instructions for this to be replaced were to be given.

e) High Hedges – reported in private session.

f)  Traffic matters –

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 would be done.

Speeding on Howe Road – This had been monitored.

Civic Amenity Site lines and signs.  40mph sign ‘should be replaced shortly’.

The Level/Croit-e-Caley. The speed of traffic had been on the Traffic Meeting agenda.

Glen Chass – sharp corner & turning circle. Cul de Sac sign.   Mr Cain reported that this had not been done yet.

Shore Road – speed.  This wasn’t mentioned at the Traffic Meeting.

Glen Chass Road – narrow corner. Nothing further.

Kerbstones at Ballnahowe – Road closed for repairs

Ballakillowey Roundabout. Nothing further.

Cregneash – safety of pedestrians coming to and from the car park to look at the Village. The arrangements for a site meeting had been delayed slightly until Mr Vernon returned from holiday.  The Clerk would now liaise with DoI Highways and MNH to arrange a suitable date for the meeting.

Members were concerned that so little had been done with regard to some of the above items despite them being discussed at Traffic Meetings over the past few years.  A general letter regarding these but with specific reference to Ballafesson Road, Ballachurry Corner and Plantation Hill was to be sent to the new Minister, Mr David Cretney.

The three newly elected MHKs for Rushen – Mr Juan Watterson, Mr Philip Gawne and Mr Laurence Skelly were to be invited to attend a meeting in the next few months.  In the meantime a letter was to be sent to them expressing RPC’s concerns about Ballafesson Road, Ballachurry Corner and Plantation Hill, especially asking for their support with regard to trying to make that road safer for pedestrians.

g)  Police

The Clerk had attended the Police Meeting on 27^th September and reported that there had been 4 crimes in Rushen – a theft in Radcliffe Close, the plant pots at the seat at the Chasms, BGH in Fairy Hill and a Section 2 offence in Fairy Hill involving an altercation where two garden gnomes were wielded.

The van in Castletown Road, parked long term near to the level crossing had now been removed. The Police had been able to do this, even though the vehicle was taxed, as it was just being used for storage and therefore unfit for the road.

Castletown Road, by the Amenity Site – the 40-mph traffic sign would be replaced (from the Traffic Meeting).

With regard to the seat at the Chasms Mr Cain said that he had not spoken to the people involved yet but he would do so. He had, however, spoken to PC Higson.

The next Police meeting would be held on Wed. 2^nd Nov. at Port St Mary Commissioners’ board room and Mr Vernon indicated that he would attend.

h)  Litter, beach cleans, dog fouling, etc

Dog bin on the traffic sign on the Ballachurry side of the new roundabout.  Mr Radcliffe had not had a chance to put this up yet.

Signs – The Clerk had contacted DEFA and they indicated that they could make any sign RPC wanted but they would need to discuss wording and materials.    It was agreed that these should be made of wood with the wording routed in.  Wording to be the same as the one at the top of Colby glen.   It had not been agreed where to put these signs but one area could be on the banks on the road through Glen Chass.  The Clerk was to ask if it was permissible to put signs on telegraph poles.

Beach Cleans – Michelle Heywood from PSM had contacted the Clerk to say that the Scoill Phurt le Moirrey’s Parents Group were interested in doing regular beach cleans.  They were raising money for the new Wild Life Garden at the school.  The Clerk had said that the Thousla Trust often give donations to the school but she indicated that they were willing to work for the money rather than just ask for donations.

It was to be suggested that they could clean Fleshwick.  RPC could provide bags and the rubbish could be left at the top of the beach for RPC to collect.  It was to be made clear that they would have to be carrying out this work under their own or the School’s insurance.

i)  Ballafesson Playing Field, Car Park at The Howe, Signs

The Clerk had received a call to say the boy was in the field with his dog again and trying the door of the shed.  However, when she got there he was gone.

A price had been received from Colas for a sign (copied to Members)  They had not designed it the way she asked – i.e. saying NO DOGS rather than the symbol they had put.  The price  for this with the correct wording would be- £37.50.  It was agreed that this be ordered.

The shed.   Nothing to be done at present.

Swing –The Clerk had now found the information about the safety matting and she was to go ahead and order this.

j)  Web Site.

Mr Vernon would now update the site with several months of Minutes.

Invoice received for annual renewals

Renewal of rushen-commissioners.com 5/11/2011 – 4/11/2012 – £15

Website Hosting (rushen-commissioners.com) 5/11/2011 – 4/11/2012 – £60

Total – £75.  This had been approved for payment.

k)  Southern Civic Amenity Site

Mr Cain said that he had not been able to attend the last meeting as the date had been changed due to the Election.

Their Clerk had asked all the southern LAs if they could let her know if they were going to ask their residents to recycle more so that she could be sure that there were enough recycling bins.  This would be mentioned in RPC’s Newsletter.

l)  Municipal Association Mr Gunn would be attending the October Meeting.

l)  Southern Swimming Pool Mr Radcliffe said the next meeting would be the following evening.

m)  Allotments

The first Committee Meeting was held on Wed. 12^th.  Mr Radcliffe had attended and gave a report.  They had mostly discussed sheds.  They were not planning on applying for sheds in the near future. They were looking at tree planting at the top of the field.  With regard to the Appeal Inspector’s recommendation that five plots be taken out of use at this end of the field the Members of the Committee felt that they couldn’t ask people to move as some of them had spent a lot of time on their plots.  They would be having the Committee Meetings every three months.

n)  Southern Healthcare Committee

Mr Tinkler said that there was a meeting on the Thursday evening.  Mr Vernon, as RPC’s representative, was to attend.  It would be held at 7 30pm at Southlands Day Centre.

p)  Rushen Ambulance Mr Tinkler said that there was nothing to report as there had been no meetings.  He would contact the Secretary or one of the members of the Committee.

q)  MNH nothing further

r)  Risk Assessment

Mr Edwin had not been in touch with the Clerk.  She was to contact him now that Mr Vernon was back.

s)  Land in front of Hillcrest, Cregneash

Mr Cain reported that this had been cut.

t)  Golden Jubilee Trust Mr Radcliffe said that there was nothing further on this.

u)  Unsightly buildings and land

There had been no further communication from the resident at The Level.

With regard to unsightly properties and zero rating.  There had been two in Rushen zero rated and there was therefore no rate income for the local authority – these could still cause problems for the local authority to deal with.  This subject was to be discussed with the three MHKs for Rushen.

v)  Sloc Sites & Seat, etc.

Chasms path –   seat and plaque.

The broken planters had been mentioned at the Police meeting and the Clerk had said that there were other issues connected with that which RPC’s Chairman was hoping to sort out.  Mr Cain had indicated earlier in the evening that he would get the problem sorted.

Memorial to wartime plane crash.

Mr Tinkler had not yet spoken to the people at the Air Museum but would do so.

w)  Croit-e-Caley Green – bench and tree.

Mr Cain had obtained a quote from Pooilvaaish Ltd with the wording on a piece of slate which he had provided.  The cost of silver lettering of the agreed wording would be £150 plus vat or in gold leaf it would be an additional £1 per letter which would make it £225 plus vat.

It was agreed that it should be in gold leaf and that the slate should not be set flat in the ground but be angled so that the rain and mud would not affect the lettering.

x)  Agricultural Rating

The Clerk said that she should now have more time to go through this.

y)  Grass Cutting

The Clerk had asked Mr Booth to pull out the weeds from the stream at the Horse Watering Place.

Tender document – the various inclusions to be taken into account were discussed.  Besides the various grass cutting as previously undertaken some ‘handyman’ work would be required and these would be putting up road signs, litter and dog bins, possibly fixing walls.  The handyman work would be paid for per hour.  Proof of adequate insurance cover would also be required.

z)  Newsletter

Mr Radcliffe hoped to have this ready between Christmas and New Year.

ab) Rushen & Arbory – possible sharing of services.

Mr Cain said he spoke briefly with Mr Adrian Cowin, Chairman of Arbory Commissioners about the possibility of sharing a Clerk and an office, etc.

The Clerk said that the Refuse Contract with Jones Services would expire next April.  The possibility of negotiating a joint contract with Arbory Commissioners was discussed but it was thought there may be too many problems in a joint contract and it was agreed to stay as at present.

Ac)  Disaster Recovery Plan

A discussion took place regarding the backing up of computer records to an outside entity.  It was known that some businesses do this.  Mr Cain said that the Amenity Site Clerk does this and he would find out exactly what company was used by them, although he thought it was quite expensive.  Also Government Offices must back their computer records up somewhere and the Clerk was to contact their IT division to see that they do.

With regard to all other manual files and records, the Clerk said she had started sorting through papers and had some boxes of planning applications and associated paperwork almost ready to be taken to Doxbond, as agreed previously.   Mr Cain said that surely there was no need to keep these but the Clerk argued that these were RPC’s records and should be kept, as should other paperwork and files as they were a record of the business carried out by RPC.  Mr Gunn was asked his opinion and he said that it is a local authority’s responsibility to look after their records.  Mr Cain requested that the Clerk ask DoI – local government unit.

Ad  Children’s Sports/Hop tu Naa

There would be nothing organised by RPC for this.

Ae)  Ballagawne Road – bus shelter.

The Clerk was to write to Mr Longworth, Director of Isle of Man Transport, with regard to the possibility of sharing the costs of putting up bus shelters in Rushen, in particular one on Ballagawne Road near the roundabout.

Af)  Winter Concert/talk

Mr Cain had spoken to Michael Kneale to ask if he would be willing to give a talk, along with Dessie Robinson and he was keen to do so.  The Clerk was to ask if the Hall would be available for a Friday evening either late in January or in February.  Mr Radcliffe would speak to Muriel Corrin to ask if they could organise the refreshments.  Mr Cain and Mr Radcliffe suggested that the money from the Talk could be split between the Rushen Endowment Fund and Ballafesson Chapel.  They had both been asked to join the Endowment Fund Committee and knew that help towards funding would be appreciated.

Ag)  Hedge at Garthcote.

The hedge had not been cut.      The Clerk had not yet looked at the hedges on Ballakillowey Road which were coming out over the pavement.

RESPONSIBLE FINANCE OFFICER’S REPORT.

The financial items are available in the Minute Book which is kept at the Office.

8.  CORRESPONDENCE

a)  consultation – Draft Planning Policy Statement – Replacement and extension of Dwellings in the Countryside. A Document and questionnaire were available on the gov.im web site for comments to be made to the Department.  A copy had been enclosed with the agendas. Views by 11^th Nov.

This was left until later in the meeting to see if there was enough time to deal with it.  It was dealt with at the end of the meeting and the questionnaire completed ready for the Clerk to return it online.

b)  Castletown Commissoners – sharing services.

Email received from them – ‘Following a meeting on 3^rd October the Board has instructed me to contact all the Southern Area Authorities to suggest a meeting.  The purpose of the meeting would be to explore possible ways of streamlining/sharing our services.  Now that the election is over it is highly likely that the subject of local authority reform will re-emerge and the Board now believe that we should embrace the possibility of change, be proactive, and take the initiative rather than have change thrust upon us.  The suggestion is that the Chairman of each authority plus 1 other Board member meet, simply as a forum for any thoughts/ideas etc.  I should be grateful therefore is you would kindly place this matter before your Board.’     The Clerk had suggested that it may be a good idea to include the Clerks who would have information at hand to help discussions.

It was agreed that there should be representation from RPC and Mr Vernon was nominated to attend along with the Clerk.  The Clerk said that other local authorities could be sending 2 Members plus Clerk.  Mr Tinkler was nominated as a possibility to attend also should it transpire that there should be two Members.

c)  Port Erin Commissioners.

They had emailed to ask if ‘your Board (and Arbory) had generously agreed to a contribution to the library expenses this year.’   The Clerk had replied that it would be considered at the October Meeting but that allowance had been made in the Estimates for the year.

The previous year RPC had contributed £650 to the Library and £250 to the 5^th Nov. fireworks.  It was agreed to increase this to £700 for the Library and £300 for the Fireworks.

d)  3^rd Supplemental List 2011.

The Clerk had noticed that here were 2 properties zero rated and had queried these. The Bungalow, Ballagawne Road, which had been empty for years and was in very poor condition and Surby Mount,  Surby.  She had asked Mr O’Hanlon, the Valuer, what the criteria for zero rating was and he had explained that it was whether or not the property is in a condition fit to be rented.   Surby Mount had been empty for 6 years, was very damp and beyond refurbishment.

Members were of the opinion that when such properties were left empty and neglected they became a problem to the local authority which had to deal with it under the unsightly land and properties legislation and if there was no rate income then they were a burden on the other ratepayers.  This was to be brought up with the Rushen MHKs when they came to a meeting.

e)  Highways Monthly Newsletter. Received by email and forwarded to Members 13/10.

f)  House of Keys election e-newsletter. Available on-line from the office of the Chief Minister.

g)  Civic Sundays.

Lezayre Parish Commissioners.  Invitation received for Members to join them in a ‘Festivity of worship, song, music and refreshments ‘ at their Civic Sunday on 30^th October at 2pm at Sulby Community Hall, Clenagh Road.  A short service lead by Rev. Brian Evans-Smith followed by live music by the Manx Jazz Kats together with refreshments.    RSVP.  No Members indicated that they would be attending.

h)  New Youth Committee.

Received – email from Laurence Skelly MHK – forwarded 13/10.  The 3 MHKs wanted to.. ‘create a new committee to help the youth of our constituency to have a unified voice and help progress projects and initiatives for our young people.  Dave Hattersley, youth worker for Rushen, will sit on the committee and appoint 1 or 2 young people and we shall find a couple of pro-active parents to balance the committee.  As its going to be constituency based we would like to invite each of the commissioners to send along a representative.  Date of meeting 7pm 1^st November at Rushen Youth Club, Shoprite Car Park.’

Mr Radcliffe was nominated to be RPC’s representative on this.  Mr Vernon indicated that he would also be interested.

i)  IOM Model Engineering Society. They were looking for somewhere to lease  to put up a raised track.  RPC did not have anywhere for this.

j)  Christmas Tree.

Order form and prices received from DEFA.  The Church were getting one from Mr John Bregazzi.   The trees and delivery were thought somewhat expensive but it was agreed that a 15ft tree should be ordered and delivered the same date as the previous year.

k)  Road Transport Licensing Committee. Applications, decisions and notices.   Noted.

PLANNING MATTERS

9.  PLANNING APPLICATIONS There were none this month.

10.  PLANNING APPROVALS

a)  11/1132. Friary Croft, Ballakillowey Road. Mr A Preston. Installation of replacement dormers, windows, front door and installation of roof panel on adjacent barn.

Decision – Development Control Manager.   Issued 23^rd September.

b)  11/913.  Bird Observatory, Calf of Man. MNH. Alterations including installation of solar panels and water butt, replacing outbuilding roofs, provision of visitor toilet and erection of wind turbine. Conditions include – 3.  A method statement detailing measures to protect bats must be submitted to and approved in writing to the Planning Authority prior to the commencement of any work.  For the avoidance of doubt, no works affecting the bat roost or roosting bats must be undertaken within the 1^st September – 15^th May period inclusive.   Decision – Director of Planning and Building control.   Issued  27^th September 2011.

c)  11.1120.  Moorhouse Farm, Mount Gawne Road. Moorhouse Farm Ltd. Conversion of existing outbuilding to ancillary living accommodation.    Conditions include – 3.  The proposed living accommodation may be used only in association with the main dwelling house ‘Moorhouse Farm’ and for purposes incidental to the use of main dwelling house ‘Moorhouse Farm’ as a single dwelling and for no commercial purposes.

Decision – Director of Planning.  Issued 28^th September.

d) 11/1237. 19a Odins Way, Ballakillowey Estate. Mr D Ward. Replace existing garage with extension to dwelling and widen driveway.

11.  PLANNING REFUSALS

12.  PLANNING APPEALS

a)  11/0709.  Woodville, Castletown Road. Mr J Hill. Appeal against refusal for alterations, erection of extension and installation of replacement windows to dwelling.  Appeal to be held at 9 30am on 3^rd November.  (RPC did not object to these plans).

13.  COMPLETION CERTIFICATES none.

14.  OTHER PLANNING MATTERS

a)  Planning application submissions – plans and supporting information.

Clerks had been invited to attend a briefing covering the above subject. Thursday 3^rd Nov. in Murray House. The Clerk had confirmed that she would attend and had asked if Members could also go but was informed that there was not enough room.

15.  ANY OTHER BUSINESS

a)  Rushen MHKs.

Mr Tinkler suggested that a letter be sent to Mr Laurence Skelly the new MHK for Rushen and an invitation sent to all 3 Rushen MHKs to a meeting in a few months’ time.

16.  DATE OF NEXT MEETING Wed 16^th November 2011.  Mr Tinkler indicated that he would not be able to attend.

Meeting held 7pm Wed. 21^st 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 17^th 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. 5^th Oct at 9 30am and also on Tuesday 11^th 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 5^th 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 26^th 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. 14^th 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 14^th 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 27^th 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 – 4^th or 12^th 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 15^th September 1-7pm.  This was noted.

c)  Civic Sundays

Laxey Village Commissioners – invitation to attend Sunday 18^th September at 11.15am at Christ Church.

Castletown Commissioners – 9^th Oct, 3pm at Methodist Church.

Braddan Commissioners – 6^th 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 16^th Sept.   There were no views on this.

e)  Three Legs of Mann Classic Car Trial.

To be held 16^th and 17^th March 2012.  There were two parts in Rushen – Mull Road from The Darragh to Cregneash – 14.00 to 17.00 hrs on Saturday 17^th 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 17^th 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 25^th 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 18^th . 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 1^st 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.  9^th August 2011.  Issued 24^th 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 19^th October 2011.

As there was no further business for the public session the meeting went into private session.

Meeting held at 7pm on Wednesday 17^th August 2011 at Ballafesson Hall.

MINUTES

Present: Mr D Cain (Chairman), Mr P Vernon (Vice-Chairman), Mr A Tinkler,

Mr P Gunn.

Apologies:  Mr D Radcliffe.

The Clerk, Mrs G Kelly was in attendance.

1.  MINUTES:

The Minutes of the Meeting held Friday 15^th July 2011, having previously been circulated, were taken as read.  Mr Gunn asked for a correction to be made with regard to the Municipal Association report – this should read that Mr Graham Cregeen MHK and Amanda Craig were to attend the next meeting.  This was corrected and the Minutes were then agreed and approved for signing.

2. MATTERS ARISING:

a)  Southern Area Plan.

Public Inquiry. The provisional date for the Inquiry to commence was 3^rd October.   The timetable had been confirmed.  The venue had not been confirmed but the Clerk had been told that it wouldn’t be in the Cherry Orchard but probably in Morton Hall in Castletown.

b)  DoI/Local Authority Issues:-

i) Local Government Review – nothing further on this.

Local Election 2012.  Date confirmation and review update

DoI – letter confirming the date of the Local Authority General Election  2012 would be Thursday 26^th April.  They would be providing training sessions for Clerks and Returning Officers in January or February.

Review – they had received a large number of responses from LAs.  The majority of these proposals would require changes to primary legislation which could not be completed before the elections in 2012. However, the Department was committed to addressing key changes such as the possible introduction of proxy voting and the introduction of Deputy Returning Officer as soon as the legislative programme allows following the election process next year.

The Local government Unit is currently updating the Local Election Rules and other relevant legislation following changes made to the House of Keys Elections.  Another possible change would be to reduce the period for objections to the same as the House of Keys Elections i.e. 2 hours rather than the current 3 days.  This is currently being considered and more information will be forthcoming in due course.

Other possible amendments relate to the deadlines for printing of poll cards and changes to the nominations paper.  As well as legislative changes the Local Government Unit will be looking to produce a Local Elections Guide for those who have a role in the elections such as Returning Officer, Clerk, etc.  This would be published in conjunction with the Workshops previously described.

The Department was to produce an election timetable and a general press notice on behalf of all Authorities and would require assistance with the provision of information to us closer to the time.

This was noted.

c)  Dept.of Infrastructure

i) Financial Training Session – for RFOs.

The Clerk had confirmed that she would be attending but would not be available in October due to the Southern Area Plan Public Inquiry.

The training workshop would to be held Mon Monday 26^th Sept. in the DoI’s boardroom at the Sea Terminal.

ii) Proposals to increase the extent of permitted Development for Householders and Government Departments.

The Clerk had completed the questionnaire manually and sent it in with an accompanying letter.

iii)  Petitioning Process – Section 25 of the Local Government Act 1985.  Received – letter reminding Local Authorities that they are required to obtain consent from the DoI regarding the sale, lease or purchase of land.  As such, conveyance documents cannot be signed until Department approval has been obtained to these transactions taking place.  However, Department approval is not required for transactions involving the letting of land for a term not exceeding 7 years.  When submitting petition applications for land sales and purchases, Local Authorities are required to provide the Department with a brief overview of the transaction, along with a plan/map of the area(s) in question, a copy of the draft agreement, and a copy of the valuation obtained from the Government Valuer confirming the price set is fair.  If, however, the transfer is for a nominal sum then no valuation would be required in this instance.  Please be advised that a reminder will be circulated to all the Island’s advocates concerning the above.

Informal Leisure Places.   Nothing further on this at present.

d)  Waste Management and Refuse Collection

Waste Strategy Consultation -  nothing further.

Bad Debtors –  The Clerk had hand delivered the letter to the bad-debtor at his place of work on 20^th July.  No cheque received.  This was now to be taken to the small claims court.

Sound Café – this had now been sorted out.

Damaged bin –  This had now been fixed by MNH.

Refuse Collection  –

Port Erin Surgery – The Practise Manager had contacted the Clerk  with regard to refuse problems. This matter was discussed and Mr Tinkler proposed and it was agreed that they should pay £200 per annum for the extra collections.

e)  Lighting/MEA.

Ballakillowey  roundabout/Ballagawne Road scheme.

Email from Ian Gilbertson, Network  Services Engineer: ‘ I was wondering if you/the commissioners had considered having some further lights placed along Ballagawne Road towards Ballakeyll.  In addition as Manx T are coming on board with removal of their overhead equipment as the same time as ourselves.  Would you like us to look at repositioning the lights to give max benefit.  Lastly as a result of the 11kv OHL now not being removed, the 8m column at the roundabout will need to be repositioned to a more suitable point – I would suggest diagonally across the roundabout.  If you would like to proceed further or comment on these points raised please don’t hesitate to contact me’.

The Clerk had sent him an email but he had gone on holiday.

The matter was discussed and it was agreed to ask the cost of 2 extra lights on Ballagawne Road, towards Ballakeyll.

g) Carrick Bay View. Nothing further.

i)  Hedges

High Hedges:-

The on-going cases were discussed in Private Session.

Trees & High Hedges Act 2005. Letter from R Corlett, Manager, Legislation and Policy Unit of DoI.  This included an updated Delegation of Functions relating to Trees and High Hedges.  The Delegation has been updated to take account of the change from the Department of Local Government and Environment to the Department of Infrastructure in the recent Government restructure. ‘If you require any further clarification about any matters relating to the Trees and High Hedges Act 2005 then please feel free to contact me.’

The Clerk was to contact him about one of the on-going cases.

Hedge Trimming (and weeds)

The Clerk was requested to ask Arbory Commissioners, who cut grass and spray weeds on behalf of the DoI, how much they did and at what rate they were re-imbursed.

Mr Cain reported that the hedges on Glen Chass had not been cut yet.  The Clerk was to contact the DoI to request that this be done.

j)  Traffic matters – Department of Transport and other DoT matters.

Nothing further had been done with regard to any of the following.

Ballafesson Road – speed roundels

Ballachurry Corner – standing water.  .

Plantation Hill. – Danger to pedestrians, etc on hill.

Speeding on Howe Road –

Civic Amenity Site lines and signs

The Level/Croit-e-Caley.

Glen Chass – sharp corner & turning circle. Cul de Sac sign.

Shore Road – this will probably be discussed at the next Traffic Meeting.

Glen Chass Road – narrow corner.

Kerbstones at Ballnahowe –

Ballakillowey Roundabout. Jim Davidson, DoI,  had sent a copy of the speed counts on the Ballachurry Road from 4^th to 11^th July 2011.  ‘Prior to the new layout at Ballakillowey the 85^th %tile speeds on the Ballachurry Road were 41mph heading towards Ballafesson and 39mph towards the roundabout.  These speeds were a safety concern particularly the approach speed to the junction.  The recent results show a reduction in the 85^th %tile speed in  each direction to 38mph and 34mph respectively.  Whilst the speeds are still in excess of the 30mph speed limit the approach speed to the new roundabout has reduced by 15% and is now within the allowable design speed on the approach to a roundabout.’   This was noted.

Cregneash – Mr Vernon expressed his concern with regard to pedestrian safety for people coming out of the quarry car park.  He asked for it to be put on the Agenda for the next Traffic Meeting.  The Clerk said that to her knowledge RPC had been trying to have this problem solved for 15 years – as long as she had been Clerk.

Email from Hugo McKenzie re Lhingague sign/speed limit. Mrs S Costain from Ballarock is asking for the sign to be repositioned.  ‘It is positioned after the entrance to Ballarock Farm and traffic travelling down the hill, often at speeds well in excess of 50mph pose a very real risk when vehicles are turning out of the drive of this property.’  HM replied that the50mph is only advisory and not legally enforceable.  It was erected as a trial scheme and a review of the trial remain ongoing and the Dept. does not propose to relocate the signage at this time.  He has reviewed the location and suggests that she could improve visibility when exiting her property by cutting back the fuchsia bushes to the existing gate pillars.  It was to be discussed at the next Traffic Meeting.

k) Police

Mr Vernon had attended the Police Meeting at Malew Commissioners’ Office.

He brought up the matter of a vehicle parking in front of the level crossing lights at Croit-e-Caley – which the Clerk had reported to the Police.  Mr Vernon said that they knew nothing about it but would look into it.

l)  Litter, beach cleans, dog fouling, etc.

Caring for Carers – nothing had been heard from them.

Michael Stoker  -.  Mr Radcliffe was to have contacted him but as he was not present this was left for another meeting.

Southern Young Farmers   They had been sent the cheque in payment for the work done.

m)  Ballafesson Playing Field,    Car Park, The Howe, Signs:-

Swing, Matting – these were to be ordered.

Car Park  – nothing at present.

Signs  – none required at present.

n)  Web Site

The Clerk was to send Mr Vernon further Minutes for inclusion on the Web Site.

o)  Southern Civic Amenity Site

email from Clerk – copied to Members 10/8 .  This was to remind everyone that they have a disposal route for all kinds of bulbs/fluorescent tubes.  Luminaire picks them up from the site to send for recycling but they also offer a commercial pickup service.  It was requested that it be mentioned on websites, etc.

p)  Southern Swimming Pool

As Mr Radcliffe was not in attendance there was no report.

q)  Municipal Association.

Mr Gunn had attended the last meeting and reported that Mr Graham Cregeen MHK, Mrs Amanda Craig who was the new Local Government Unit Manager and Mr Stephen Willoughby of DoI attended.  Various matters were discussed .  They were to bring out a new handbook for Local Authority Members.  They also said that they would like to have more co-operation between Local Authorities and DoI.

r)  Allotments

emails from Jason Roberts Clerk of  PSM.  Their Chairman had asked him to arrange an Allotment Committee meeting on 14^th August but due to a number of members not being able to attend it would now be in September.  The Clerk had asked him if this was the meeting which would be the continuation of the meeting held in January and which had been attended by RPC, PSM, Allotment members, independent people, Phil Gawne and the Collisters from Mount Gawne Road.  That meeting should have been held on 20^th June.  After asking several times he said that it wasn’t and that his Chairman had said that ‘it isn’t required and that the Committee is formed and will be meeting when we can pull everyone together’.

Mr Tinkler expressed his disappointment that the June Meeting had not gone ahead and also that it had not been a collective decision not to hold it.  The matter was discussed but Mr Vernon proposed and was seconded by Mr Tinkler that if Mr Radcliffe reported back from the September Committee Meeting that there were no problems then PRC would be satisfied that there need not be the collective meeting.  However, if there were problems or if Mr & Mrs Collister were not happy then RPC would insist on the collective meeting being held.

Southern Healthcare Committee

Southlands – A reply received to the letter RPC had written to the Department of Social Care:-  ‘I am writing in response to your letter of 21^st July regarding Rushen Parish Commissioners concerns about the utilisation of Southlands Resource Centre.  Southlands was originally built with extra capacity to accommodate the predicted growth in older people in the South of the Island.  Bradda Unit is currently used to house the Hospital to Home Scheme which allows older people from the South to be supported to return home following admission to hospital.  This is a pioneering scheme for the Island and has proved very successful and effective.  Surby Unit has been empty since the EMI Unit transferred to Thie Meanagh.  However, in line with current Department plans it is currently being redecorated and refurbished in order that it can be brought into use as further residential care for older people provided by Social Services, when resources permit.  Therefore it will remain the established and expected use of the building and there will be no need for an application for “change of use”.  I trust this will ally your concerns and those of the Commissioners regarding the future use of Southlands.

Mr Tinkler reported that he was involved with the Manx Foundation for the Disabled and had attended a recent meeting.  The Foundation had been occupying the Surby wing and they had to vacate it.  They had been offered the Bradda Suite but it had been no use to them.  Because of this they had to withdraw the service and there were consequently no longer day-care facilities for those people.

The next meeting for the Southern Healthcare Committee would be on the third Thursday in October.

t)  Marashen Crescent

Mr Radcliffe was not present so there was no report.

u)  Rushen Ambulance

Mr Tinkler said there was nothing to report as there had not been a meeting.

v)  MNH

Bin at the Sound Café see ‘Refuse’.

w)  Risk Assessment

The Clerk had contacted Mr Edwin re RPC’s annual appraisal which was due in August.

Due to the written agreement reached with Mr & Mrs Qualtrough the land in front of Hillcrest, Cregneash could now be included in the Risk Assessment file.

x)  Land in front of Hillcrest, Cregneash.

Mr Cain reported that this required trimming.  It was agreed that he would arrange this.

y)  Golden Jubilee Trust.

Event on 25th September.  Mr Radcliffe was not present so no further information was available.

z) Unsightly Buildings and Land.

Mr Richmond .  letter from Peter Karran MHK – Mr Richmond had made representations to him.  Mr Karran had written that he hoped that RPC would look into the legitimate complaints of Mr Richmond and see if this problem could be amicably resolved, sooner rather than later.  He did not feel that Mr Richmond was being unreasonable in his concerns regarding the state of the next door property.  The Clerk was to send a letter of acknowledgement.

aa)  Sloc Sites & Seats

Mr Cregeen was to be asked to cut back more of the gorse which was behind the seat at Tom The Dipper’s.

ab)  Bench & Tree at Croit-e-Caley Green.

Plaque. It was agreed that this should be a stone with engraving rather than a metal plaque.  Mr Cain said that he could find a suitable piece of stone and it was agreed that Pooilvaaish Ltd. should be asked to engrave it.   Because the price was not expected to be significant it was agreed that unless it was to cost more than £250 it should be progressed instead of coming to the next meeting for approval.

ac)  Agricultural Rating.

The Clerk had asked Mr Grubb from the Rates Division to send a list showing the agriculturally rated properties in Rushen.

ad) Damage to Uplands – Carnanes.

As this had now been dealt with by DoI it was to be taken off the Agenda.

ae)  Concert in Manx National Week.

Letter from Mrs Susannah Shimmin, The Howe Chapel, thanking RPC for the cheque.  Also that the concert was a wonderful event and they would be delighted to provide the venue if there was to be another one.  They would be happy to donate such funds raised to theThousla Trust.

af)  Newsletter.

Mr Radcliffe had this in hand.

Ag)  Grass cutting .

Mr Cregeen had written to inform RPC that he did not want to carry on with this once his contract was up – 23^rd August.

Mr Cain had contacted him to ask if he would continue until November, when the grass would have stopped growing but he had said that he didn’t want to carry on. However, his partner Stephen Booth could be interested.  It was agreed that Mr Booth could do the job for the next 2/3 months but that Mr Cregeen would have to pay him and send the bill to RPC.

The advert for the new contract would be discussed at the September Meeting with regard to extra work, other than grass cutting, which could be undertaken such as putting up signs, etc.  The new contract should be for 1 year but with an option to extend to 3 years if the work was found to be satisfactory.

ah  Proposed amalgamation of Rushen with Arbory.

This was now to be described as ‘sharing of services of Rushen with Arbory’.

ai)  Disaster recovery plan.

The Clerk said that since getting the new computer everything from the old one had been transferred and it was also backed up on a separate box.

Mr Tinkler suggested that the emails should be able to be accessed by Members, or at least the Chairman.  The Clerk said that would be no problem as the password was available.

With regard to data recovery – the Clerk was to ask ITManx how damaged the computer would have to be before data couldn’t be recovered from it.

aj)  Children’s Sports/ Hop tu Naa

Mr Radcliffe was dealing with this.

ak)  Local Authority Induction Course Review.

This was now to be taken off the Agenda.

al)  Ballagawne Road.

Bus shelter – the Clerk had not written this letter yet but would do so before the next meeting.

am)  Croit-e-Caley

Vehicles parked near the railway crossing. Mr Vernon had mentioned this at the last Police Meeting but they said that they didn’t know anything about it, even though the Clerk had reported it to Police HQ (the Port Erin Station being unavailable).

an)  Winter Concert.

Neither Mr Robinson or Mr Kneale had been contacted yet.

ao)  Insurance.

Reply from Marsh re inquiry about personal accident insurance.  ‘It is included on page 12 of the policy documents.’  This was noted.

Ap)  Invitation from Bradda Glen Café.

Mr Cain, Mr Gunn and Mrs Kelly, plus spouses had attended.

9.  CORRESPONDENCE

a)  2^nd Supplemental List 2011.

Received and noted.

b)  Access Officer/Disabled access

Letter from DoI – The Manx Foundation for the Physically Disabled had recently appointed an Access Officer, Michelle Brady.  Her role had historically been part funded by Planning and Building Control.   They had included her letter of introduction and each Member had been given a copy.

DisabledGo – Gary Allen from that organisation (UK ) phoned to say that they are contracted by IOM Government to look at a percentage of publically accessible properties regarding access for the disabled.  As RPC’s office is in the Clerk’s house that wasn’t really relevant but she had mentioned the Hall where RPC hold their meetings.  She had met him there on 27^th July and asked Jean Wilkinson to come along as it is the Methodist Church’s hall.  He indicated that the hall was easily accessed by wheelchair users – the step is very low, there are two sets of  double doors and the door to the toilet is wide enough.   However, the step into the Chapel is too high for a wheelchair and would require a ramp.  Mr Allen wasn’t there to ask for any changes, just to see what access there was so that it could be put on their website.

Tynwald Advisory Council for Disabilities. Copy of their newsletter – Summer 2011 – received.

c)  Health and Safety Authority for the Island.

DoI had published the consultation results on this and had given a news release by email – to which Members had been copied in on 10/8.  They had a total of 50 responses with just under half generally in favour of an Authority.  The Report could be accessed at www.gov.im/consultations.gov?menuid=16918&type=closed&page=2.

d)  Water Pollution Act – Discharge Licence Application.

Tremon Farm, Ballakillowey Road.  Application had been made to discharge treated sewage effluent from the proposed new dwelling via a reed bed and partial soakaway to ditch with intermittent stream on boundary of field 414496.

Any comments  should be sent to Dr MacNeil, DEFA,  by 20^th September.

There were no comments to be made.

e)  Port St Mary Commissioners – dog fouling.

Email received from them – copied to Members  25/7.  They discussed dog fouling at their meeting of 20^th July.  They had responded to the request from the Local Government Unit re information about fines issued by LAs over the last 4 years.  They indicated that they hadn’t issued any.  PSM had paid the Dog Enforcement Officer approx. £14,000 over that time.

Their Clerk continued :- ‘Taking a very broad assumption  that all authorities spend £300 per month for a Dog Enforcement Officer, Island wide collectively we are spending in excess of £60k per annum.  With a part time Dog Enforcement Officer, it is impossible to cover this issue anywhere close to the time needed.  Therefore the question raised is if we are tackling this in the right way?  I am aware that Malew Commissioners discussed the topic of DNA testing of dog fouling a couple of years ago, and this ended up in the worldwide media.  Having undertaken a little more research, this is now very much a realistic proposition with DNA testing of dogs costing around £18 and the testing of a “sample” of around £35.  Provided the licensing of dogs on the Island included the requirement to have the one off DNA test, a database of all dogs on the Island could be easily created meaning that any fouling could be traced back to a specific dog at any time – not just if a part-time Dog Enforcement Officer was in the right place at the right time.  As an Island the theory is that this could be a very successful way of controlling this problem and could generate good publicity.  After a few fines the problem “should” go away and with the cost model being geared towards 100% conviction, will undoubtedly cost less collectively.  My Board have asked that I collect views from the other local authorities, and if there is an opportunity to put some joined up thinking behind this issue.  There are certain issues which do not require additional consideration such as “working dogs” and visiting dogs.

If you would like more information on the process please refer to the attachment or visit www.pooprints.com.’

This was discussed.  Mr Vernon pointed out that in some areas of the UK people walking dogs have to have a bag with them to pick up the dog mess.

A reply was to be sent to PSM Commissioners stating that RPC find that the provision of dog bins and notices is effective for them.

f)  IOM Water & Sewerage Authority.They were undertaking a research project – via a ‘summer student’ looking into historic flood events from current date backwards.  She was interested in the extent of any flooding across the Island, all types of flooding; fluvial, tidal, surface water and sewer flooding.

This was to be noted.

g)  Data Protection Register.

Renewal due 22^nd September.  Fee £50.

The Clerk would check through this to see if RPC still complied  with it.  The cheque for renewal had been approved.

h)  August Newsletter from Chief Minister’s Office.

Received by email – copied to Members 17^th August

PLANNING MATTERS:

10.  PLANNING APPLICATIONS

a)  11/0956.  Field 414321 & 410851, Ballakillowey Road. V P Chimes, Tiocam Ltd. 4.1 acre field – erection of two timber sheds.

No objections.

b)  (considered at July Meeting). 11/0901.  Replacement dwelling at Shenvalley Cottage.

Letter from architect – Barry Murphy of Construction Design Ltd. re your comments.  He had sent a plan showing the size of the existing  cottage and photos of neighbouring properties.

It was decided that Members original views would stand and no changes made.

Also copy of letter sent by William Kelly on behalf of his brother  – objecting to the application.  This was noted.

c)  11/1120.  Moorhouse Farm, Mount Gawne Road. Moorhouse Farm Ltd. Refurbishment of existing outbuilding/Annex and conversion to create ancilliary accommodation/extension of farmhouse.

No objections.

d)  11/1132.  Friary Croft, Ballakillowey. Mr A Preston. Installation of replacement dormers and all windows within dwelling and installation of tubular solar roof panel on adjacent barn roof.

No objections.

11.  PLANNING APPROVALS

a)  11/0541.  Field 414206.  Castletown Road. (Triangle Field at Ballakilley).  Mr J C Morris. Erection of an agricultural building for the storage of machinery and creation of access road.

Conditions include – 2.  This permission relates to the erection of an agricultural shed and access track as shown in drawings.  3.  The building must be used only for the storage of machinery in association with the use of the application site for the growing of fruit and vegetables.  4.  If the building is no longer used or required for the purposes set out in condition 3 above then it must be removed from site immediately and the gravel track removed and reinstated.  5.  The shed must be finished in dark green coloured sheeting.

Decision – Planning Committee.     Issued – 18^th July 2011.

b)  11/0914.  25 Ballagale Avenue, Surby. Mr & Mrs S Bunyan. Alterations and erection of an extension to dwelling.  Usual conditions.

Decision -  Development Control Manager.   Issued   10^th August 2011.

12.  PLANNING REFUSALS

a)  11/0840.  Upper Kirkill, Ballakillowey Road. Mr & Mrs S Berry. Erection of replacement dwelling.  (modern design plan)

Reasons for Refusal:  1.  The proposed dwelling by virtue particularly of its design and massing but also due to its size, would be strikingly out of character with the landscape in which it would sit and thus contrary to the provisions of Housing Policy 14 of the Strategic Plan.  2.  The site defined in red, which is described in the application form as  “residential” includes a substantial amount of land which is not presently residential curtilage and if treated as such, would or could transform what is presently open natural land into domesticated and inappropriately landscaped garden, with the features and elements associated therewith and some permissible under the Town and Country Planning (Permitted Development) Order 2005 which would be out of keeping with the area.

Decision – Director of Planning.     Issued 29^th July 2011.

b)  11/0839.  Upper Kirkill, Ballakillowey Road. Mr & Mrs S Berry. Erection of a replacement dwelling.

Reasons for Refusal – 1.  The replacement dwelling, by virtue of its size, massing, height and style would be out of context with a predominantly open and exposed landscape and would be contrary to the provisions of Housing Policy 14 of the Strategic Plan in terms of the size and style of the new dwelling.  2.  The site defined in red, which is described in the application form as  “residential” includes a substantial amount of land which is not presently residential curtilage and if treated as such, would or could transform what is presently open natural land into domesticated and inappropriately landscaped garden, with the features and elements associated therewith and some permissible under the Town and Country Planning (Permitted Development) Order 2005 which would be out of keeping with the area.

Decision – Development Control Manager in accordance with the authority delegated to her under Article 3(13) of the Town and Country (Development Procedure) Order 2005 (this must be the new name for the Senior Planning Officer)                 Issued 29^th July 2011

13.  PLANNING APPEALS

a)  11/0840 & 11/0839.  Upper Kirkill, Ballakillowey Road.

An Appeal had been requested for both applications.   7 collated sets of submission for 839 and 6 sets for 840 to be sent in by 5^th September.

The Clerk would prepare these but would wait until Mr Radcliffe was back from holiday so that his views could be included.

b)  10/1800/A.  Robin Hill Farm, Cronk y Dhooney. Mr and Mrs MacQuillan. Approval in principle for erection of a dwelling to replace existing redundant shed.

APPEAL DECISION –

The application had been refused and an Appeal held, on written evidence.  The Hon.  MrTeare,

as deputy for the Minister, has considered the Inspector’s (Mr Farringdon) Report and concurs with his findings that the appeal be dismissed.

Mr Farringdon didn’t agree with RPC’s assertion that the planning strategy of steering development into sustainable locations close to work places, shops, schools and other public services is flawed.  ‘The concept of sustainable development is an accepted principle of land use planning both on and off the Island.  It is central to the over-arching strategic aim of the Strategic Plan – Towards a Sustainable Island 2007 and contributes to the core purpose of the Government Plan to maintain and build on the high quality of life enjoyed by the Island’s community (Strategic Plan para 2.7)

Independent Inspector’s assessment and Recommendation:

17.  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.  The key issues in this appeal are: (1) whether the proposed development accords with the strategic planning policies for the location of housing and (2) whether there are any other material considerations that would justify approval or refusal of the application.

Issue (1) Strategic  planning policies for the location of housing

18.  Since the site lies outside any area zoned for development and within an Area of High Landscape Value and Scenic Significance, General Policy 3, Environmental Policies 1 and 2 and Housing Policy 4 of the Isle of Man Strategic Plan 2007 apply.  The definition of previously developed land in the Strategic Plan (Appendix 1) excludes land that is occupied by agricultural buildings.  This is the situation that applies in this case.  Neither the original residential use of the site, nor the use of the shed for unauthorised businesses, can trigger the provisions of General Policy 3 (a) – (h) and Housing Policy 4 (a) – (c) apply and the proposed development therefore conflicts with the strategic planning policies for housing locations on the Island.

Issue (2)  Other material considerations

19.  Section 8.8 of the Strategic Plan makes provision for groups of dwellings in the countryside but states that such development is to be controlled by the development plan process and the emerging Southern Area Plan describes the Cronk y Dhooney location as not sustainable and where further dwellings would not be encouraged.

20.  I cannot agree with the Commissioners’ assertion that the planning strategy of steering development into sustainable locations close to work places, shops, schools and other public services is flawed.  The concept of sustainable development is an accepted principle of land use planning both on and off the Island.  It is central to the over-arching strategic aim of the Strategic Plan – Towards a Sustainable Island 2007 and contributes to the core purpose of the Government Plan to maintain and build on the high quality of life enjoyed by the Island’s community (Strategic Plan para. 2.7)

21.  The proposal has the following merits:

(a)  The proposed replacement of the ugly farm shed with a traditionally designed Manx cottage would enhance the appearance of the AHLVSS and repair the damage to the traditional character of Cronk y Dhooney when the original cottage was removed and the shed was erected.

(b)  As a compatible land use it would safeguard the residential amenity of the occupiers of the nearby dwellings who could be adversely affected by farming activities and by farm traffic if th agricultural use of the building were to be resumed.

(c)  The proposed development is sited on a street frontage close to the centre of the small rural settlement and would not extend its footprint.

(d)  It would remove the dominating gable wall of the shed that currently has an overbearing impact on the outlook of Rose Cottage.

(e)  It would remove a constriction in the land and would help to address the problem of poor access affecting Cronk y Dhooney to which there is reference in the emerging area plan.

These favourable factors accord with various strategic planning policies including Environmental Policy 2 and carry considerable weight.  On balance, however, I judge that the merits are not sufficient to justify a breach of the strategic planning policies for the location of housing on the Island.

22.  Given the large numbers of farm sheds close to occupied dwellings in the undefined rural settlements scattered across the Island, it is easy to envisage many similar situations where the same or similar benefits could be cited to justify planning approvals contrary to strategic policy.  Therefore, I have an additional concern that approval of the proposed development, which would breach both the Strategic Plan and the emerging plan for the area, could be accorded a significance that may make it difficult for the Department to resist any accumulation of dwellings in unsustainable locations throughout the Island.

Conclusion and Recommendation:

23.  Bearing in mind the statutory duty to have regard to the development plan and all other material considerations, notwithstanding a variety of factors that point towards approval, I conclude that the crucial and over-riding consideration must be that the proposal would breach the strategic planning policies for the sustainable location of housing at variance with the strategic aim of the development plan.’

G. Farrington.  Independent Inspector.   20^th July 2011.

14. COMPLETION CERTIFICATES none

15. OTHER PLANNING MATTERS

a)  Housing (Flats) Regulations 1982.

Barrule Apartments, Shore Road, Bay ny Carrickey. Letter from Director of Environment, DEFA. (from Ian Mansell, Environmental Health Officer).  They had received an application for the registration of the above flats.  He had inspected them in order to ascertain compliance with the Regulations.  “I must now recommend your Commissioners register the flats.  I have enclosed the Certificate of Registration for your authorisation.  Once duly authorised, I shall be obliged if you would issue the original to the applicant, retain one copy for your register and return the remaining copy to this office.”

The Clerk was to sign these and send or return the certificates as appropriate.

16 ANY OTHER BUSINESS

a)  Ballanard House, Ballnahowe.

Mr Morris had contacted the Clerk regarding the stables in the field in front of the house for which he had obtained approval.  He now wished to move them to the bottom of the field and asked if some of the Commissioners could have a look to see if they would agree to the proposed position before he sent in the application.

Members refused to do this and he was to be informed that he should submit the planning application.

17.  DATE OF NEXT MEETING 21^st September

Mr Vernon indicated that he would not be present at the September meeting.

Meeting held at 7pm on Friday 15^th July 2011 at Ballafesson Hall.

MINUTES.

Present: Mr D Cain (Chairman), Mr P Vernon (Vice-Chairman), Mr D Radcliffe, Mr P Gunn, Mr A Tinkler.

The Chairman has requested that the meeting not be held on the usual date as he would be off Island.  It had therefore been agreed to hold it on Friday 15^th July which was the earliest that the Clerk could have the Agendas ready in the proscribed time.  The Chairman thanked Members for agreeing to change the date.

1.  MINUTES:

The Minutes of the Meeting held Wednesday 15^th June 2011, having previously been circulated, were taken as read and agreed a true record although Mr Tinkler pointed out that Mr Vernon and not himself was now representative on the Southern Healthcare Committee.

2. MATTERS ARISING:

a)  Southern Area Plan.

Public Inquiry. Provisional date remained 3^rd October.  The Clerk asked if everyone had kept that month clear of holidays, etc. as it was not certain yet which days the hearing would be held.

The Chairman thought it unreasonable for anyone to have to do that and, after discussion,  it was agreed that the Clerk should write to the Chief Secretary’s Office pointing out that, as the original date had been changed, everyone needed to know for certain what days RPC would require people (Members and those giving evidence) to be available.

b)  DoI/Local Authority Issues:-

i) Local Government Review – nothing further on this.

ii) Standing Orders – The Clerk had sent these in by email.

iii) Financial Training Session – for RFOs. DoI, in conjunction with Michael Crowe, Director and Martin Kneale, Senior Manager of PKF (IOM) LLC had arranged a financial training session lasting approx. 2 – 2 1/2 hours for the RFO of each of the Island’s Authorities, Boards and Committees.  They intended holding these between 2-4pm with early evening training sessions starting at 5 30pm, depending on demand.  All those new to the role of RFO would be invited to attend for a separate hour at the start of the training session in order that they could receive the same introductory training already given to longer serving RFOs.

They asked for the availability of the RFO during the week commencing 26^th September and throughout the whole of October.  The Clerk pointed out that she would be very involved with the Southern Area Plan for the most part of October and she was to point this out to DoI.  They also asked if there were any specific areas or topics which RPC would like to see covered.

Reply by 25^th July.

The Clerk, as RFO, would attend.

iv) Internal Audit Guidance – received by email from Local Government Unit of DoI.  This was for use as a guide when appointing an internal auditor. The Clerk pointed out that RPC did not have to have one as their income/expenditure was under the amount when it would become  compulsory.

v) Proposals to increase the extent of permitted Development for Householders and Government Departments.

This was a questionnaire which the Clerk had copied and given a copy of to each Member.

Questionnaire received – all Members had been given a copy to read so that it could be gone through at the meeting and completed for return.

Mr Vernon and the Clerk had attended a briefing with regard to this on Wednesday 13^th.

The questionnaire was considered item by item and answers given.  With regard to the proposals that, in particular, items such as extensions and conservatories could be built under permitted development, it was felt that there would need to be some notification given by those having the work done so that the rates office could re-rate the property and also so that a record of work done to any property could be kept for the future.  There was also concern that poor workmanship may not be picked up.  It was felt that such notification should be given to the Office of Planning so that they could keep a record or, possibly, the Local Authority.

The Clerk would complete the questionnaire on-line.

vi)  Collection and Distribution of Local Authority Fines. Letter from DoI Local Government Unit.  This was a reminder of the changes brought about in respect of the collection and distribution of local authority fines.  In 2006 a new Local government Act was introduced.  Section 16 (1) of the 2006 Act made amendments to the Collection of Fines Act 1985 and the effect of these changes are highlighted in the attached document.  Also a copy of the Order.

1.  Collection of fines etc – since 2007 any fine (and costs) imposed on a prosecution by a LA or one of its officers for beach of – i) a local authority byelaw or ii) an enactment prescribed by an Order will now be payable to the local authority.

Additionally Section 16 (2) made amendments to Section 5A of the Litter Act 1972 which enables a constable or an authorised officer of a LA to give a fixed penalty notice to a person dropping litter in a public place.  Since 2007, where the notice is given by an authorised officer of a local authority, the penalty can now be paid to the local authority instead of to the Chief Registrar for the General Revenue.

With regard to fixed penalty notices for offences in relation to dogs, Section 27A of the Dogs Act 1990 already provides for such fixed penalty fines to be paid to the local authority.

‘The rationale behind this change was the hope that local authorities would adopt a more proactive approach to enforcing legislation that deals with anti-social offences.  The reasons being that fines and the associated costs of bringing a successful conviction would be given back to the Local Authority by the General Registry.

As this has now been in place for a number of years we believe that it would be helpful for each local authority to identify to the Department which cases they have successfully prosecuted in the last four years, checking that the resultant fines were subsequently received by your authority.

If you could check your records for details of cases your Authority has brought to the
Courts under legislation such as fines for dog fouling offences, litter and other byelaws offences and let us know the outcome, the fine imposed and if possible the advocate who was prosecuting.  We will then be able to make sure that the legislation changes made have had the desired effect.

It would be of interest to the Department to discover if these changes have been successful.  Any information that your authority can provide us will enable the |Local Government Unit to support Local Authorities in your efforts to prosecute for minor but highly visible amongst the general public, anti-social offences.

If we were to find that there have been problems with the implementation of this change then we would ask the Registry and Treasury to investigate further’

This was noted.

c)  Dept. Infrastructure

Informal Leisure Places.   Nothing further on this at present.

d)  Waste Management and Refuse Collection

Waste Strategy Consultation -  The Clerk had noted that the Municipal Association had a representative on that Committee – Mr Bob Pilling from Malew Commissioners – and he seemed to be the only Local Authority Representative.  He was to give a report at the next Municipal Association.

Bad Debtors –  The Clerk was to hand deliver the overdue account to this debtor at his place of work.

Sound Café –

Damaged bin – The Clerk had checked with Ian Jones to see if Mr Dobson had seen to this being replaced this but it was still the same.  She had then contacted MNH, who owned the large commercial bins, as there was a danger of one of the binmen being injured when pushing the bin.   She had spoken to one the MNH men and he was going to go down to the Sound to see if he could fix it.   The Clerk had informed him of where he may be able to get a replacement bin if it couldn’t be fixed.

Refuse Collection  – nothing to report.

e)  Lighting/MEA.

Ballakillowey  roundabout/Ballagawne Road scheme.  The Clerk had queried whether this was going ahead and had a reply from Ian Gilbertson that the Contractors would be back on site soon and it would be going ahead – but that the light at the roundabout would be going back on the pole as the overhead line was to remain for the moment.

New light required – RNO13 at Cronk Ushag, Ballagawne Road needs replacing as it is beyond repair.  The fitting had a hole in it and was no longer watertight.  Estimated cost of replacement fitting was £350 + vat.     It was agreed that this should be replaced.

g) Carrick Bay View.

The Clerk had used the path the previous week when a resident of Ballakeyll asked her to go and see who was responsible for a tree which had fallen onto her fence.  She went to have a look and the hawthorn was growing on the residents’ side of the stream and therefore their responsibility.

She noticed that the path was becoming overgrown  and arranged for the Contractor to cut it back.

i)  Hedges

High Hedges:- reported in Private Session.

Hedge Trimming (and weeds)

The Clerk had emailed DoI re hedges and weeds and when no reply had been received she had requested confirmation of receipt.  They said it had been passed to Network Operation who would investigate in due course.  She had emailed back that ‘in due course’ is not what RPC would want to hear.  She had also pointed out that there had been complaints about the hedge  from the roundabout to Ballachurry.  No reply.

A call had been received from a resident – ‘why were the weeds in Rushen so bad when there seems to be few in Arbory and elsewhere?’  He had spoken to Stephen Knight  (Southern Inspector for DoI) who had told him that Arbory spray their own weeds.

The Clerk had asked Arbory and they spray weeds and cut DoI grass – but get re-imbursed by DoI

emails from P Gawne and R Pearson.

R  Pearson, Director of Highways :- (13^th July email)  ‘We are currently organising contractors to carry out an Island wide cull although this will focus on the more built up areas.  I will make sure these are given some priority. The Highways budgets have already been significantly reduced over several years of cuts and so the services we are able to provide is simply lower that it has been in the past.  I am anticipating that we will experience further cuts given the recent VAT news. Whilst this is unfortunate I need people to understand the reality of the situation and yes the roads are going to be in a poorer condition and less well maintained in  the future.  Anything you can do to adjust people’s expectation would be appreciated.’

A reply was to be sent to Mr Pearson stating that RPC were disappointed, as would be the residents of Rushen, that the weeds and hedges were not being dealt with properly.  To leave the weeds until there were very high was penny pinching and not an efficient way to deal with them and they would be better dealt with by spraying when small.

The Clerk asked if the Members felt that they could arrange for someone to spray the weeds, as Arbory Commissioners did, but they did not agree and pointed out that the DoI have trained staff to deal with weeds and hedges.

j)  Traffic matters – Department of Transport and other DoT matters.

Minutes of meeting on 15^th June received.

Ballafesson Road – speed roundels. Nothing done yet.

Ballachurry Corner – standing water.  Nothing done yet.

Plantation Hill. – Danger to pedestrians, etc on hill.

Speeding on Howe Road –

Civic Amenity Site lines and signs

The Level/Croit-e-Caley. This was to be looked at further with regard to through traffic.

Glen Chass – sharp corner & turning circle. Cul de Sac sign.   Still waiting for that.

‘Speeding’ on Old School Road – being monitored.

Shore Road – There had been a speed counter there.  It was possible that there would be another count undertaken on that road.

Glen Chass Road – narrow corner.

Kerbstones at Ballnahowe –

Ballakillowey Roundabout. Reply from Jim Davidson. All Members had been given a copy:

‘I am sorry to read that your Commissioners have concerns about the new roundabout and that there have been complaints from residents and users.  In my project brief I asked the design team to address the safety concerns which have been highlighted at the previous mini roundabout.  They produced four options for consideration; do nothing, revise the old layout, introduce a simple crossroads, or construct a new compact roundabout.  The decision to construct the compact roundabout was based on a number of factors, including the unacceptably high approach speeds of vehicles from Ballafesson direction, the steep approach gradient and substandard visibility from Old School Road, land requirements and lack of pedestrian facilities.

The new roundabout fully conforms with the current design guide.  The inscribed circle diameter (ICD) is 28cm which is the minimum value for a compact roundabout.  A smaller ICD would dictate that a mini roundabout should be built, which of course we were removing.  The width of the circulatory carriageway must be between 1.0 and 1.2 times the maximum entry lane width.  The cobbled  overrun area is provided to accommodate the swept path of larger vehicles.  Smaller vehicles can also drive over this area if they wish, although the ride quality will be deliberately poor to deter speed.  The visibilities at the junction meet the standards specified for a compact roundabout of this size.  Approach visibility (minimum stopping sight distance SSD) is met on three approaches, with only the Old School Road approach falling below the desired minimum but this has always been the case.  Deflection has been improved on all approaches by the introduction of splitter islands which means that vehicles cannot now drive straight through the junction as they previously did.

Moving on to the size of the roundabout, it is exactly the same size for which we received planning approval in June 2010.  It should be noted that in the Inspector’s report your Commissioners did not object to the application nor did they make any comments with regard to its size.  Your recommendations regarding the installation of galvanised railings were taken on board and we provided you with a separate drawing of the central island.

In conclusion the roundabout has been built in accordance with the design guidelines and the Department is satisfied that it addresses the safety concerns of the previous mini roundabout layout.  It also provides additional footways and safer crossing points for pedestrians.  As part of the assessment of the new layout I have requested a traffic survey to be undertaken on the Ballachurry Road approach to the roundabout where there was previously a speeding problem.  I will be happy to forward you a copy of the before and after results once the survey has been done.   I hope this answers your queries.’

k) Police

The Clerk had not attended the June Meeting as she was busy catching up after being on holiday for a week.  The next meeting would be on 26^th July at Malew Commissioners’ Office.

l)  Litter, beach cleans, dog fouling, etc.

Caring for Carers –  The Clerk had not heard from them

Michael Stoker  -.  Mr Radcliffe had not been in touch with him yet.

Southern Young Farmers –  They had cleaned Bay ny Carrickey on 25^th June and taken the rubbish to the Amenity Site.

Mr Tinkler proposed, Mr Vernon seconded and all agreed that a donation of £200 be given to them.

m)  Ballafesson Playing Field,    Car Park, The Howe, Signs:-

Swing, Matting – The Clerk had not ordered these yet and she had mislaid the information with regard to the matting.

Car Park  – There was nothing on this at present.

Signs  – none were required at present.

n)  Web Site Mr Vernon was dealing with this.

o)  Southern Civic Amenity Site

Mr Cain said that he had not been able to attend the last meeting as it had been delayed by a week.

p)  Southern Swimming Pool

Mr Radcliffe had not attended the last meeting.

q)  Municipal Association.

Mr Gunn reported that the Freedom of Information Act had been discussed and that Graham Cregeen MHK and Amanda Craig, who had taken over from Carole Sutherland as Local Government Unit Manager,  had attended.

The Agenda for next meeting had been received.

r)  Allotments

There had not been a meeting of either the Allotment Committee or the Meeting which should have been a continuation of the one in January between various parties.  Mr Tinkler said that he thought that it had been agreed in January that it should be held on 20^th June.  He had met Mrs Hulbert from the Allotment Committee who had indicated that there was to be a meeting soon.

The Clerk was to ask for a meeting of the Committee, which Mr Radcliffe would attend as representative, and to ask what had happened about the continuation meeting from January – when would it be held?

s)  Southern Healthcare Committee

Mr Tinkler said that the next meeting would be held in October.  He also indicated that he had heard that there was something going on at Southlands with regard to the now empty, former temporary EMI Unit, other than that the DSC were going to put this into use.  However, they were not giving out any information.

The Clerk was to write to DSC to ask what was happening.

t)  Marashen Crescent

Mr Radcliffe had attended a Meeting on Tuesday.  The building work was four weeks ahead of schedule with the new Reayrt y Crink development.  With regard to the proposed replacement of some of Marashen Crescent properties, they were very disappointed that the Treasury would not fund the proposed enhanced insulation of the new properties ‘to save money’.

u)  Rushen Ambulance

Mr Tinkler said there was nothing to report as there had been no meeting.

v)  MNH

(Bin at the Sound Café see ‘Refuse’)

w)  Risk Assessment

As the annual consideration for this would be due soon the Clerk was to contact Mr Edwin, who had been engaged as a consultant the previous year.

x)  Land in front of Hillcrest, Cregneash.

Mr  Cain reported that this had now been tidied up and that the invoice for this was to come from David Cooil.

y)  Golden Jubilee Trust.

Event on 25th September.     Mr Radcliffe had heard nothing more with regard to this.

z) Unsightly Buildings and Land.

Mr Richmond  had contacted Mr Tinkler with regard to his problem and had indicated he may attend the meeting.  He had not done so.

aa)  Sloc Sites & Seats

Seat at The Chasms – MNH.  Mr Cain reported that this had now been repaired.

ab)  Bench & Tree at Croit-e-Caley Green.

Plaque  – the Clerk was to give Mr Tinkler the wording for this so that he could have it made.

The Clerk reported that the grass had not been cut recently.

ac)  Agricultural Rating. Nothing further on this.

ad) Damage to Uplands – Carnanes.

Mr Vernon had been to look at part of this and reported that work had been carried out in sections; some hardcore had been put in at wet places; on the Carnanes side a detour had been made past the worst part and posts put in to keep vehicles out of it; trenches had been dug to take water away from the paths.

A letter was to be sent to DoI congratulating them on having done a good job so far and hoping that maintenance would be carried out on the ditches and culverts.

ae)  Concert in Manx National Week.

It was agreed that the concert had been very enjoyable and successful, the Chapel having been full to overflowing.  A letter from the Members of the Chapel had been received by Mr Cain who had brought it to the meeting.  The Clerk was to send letters of thanks to those who took part and she asked for a list.  Mr Cain provided this.   The retiring collection  of £380  had been given to the Chapel and it was agreed that, as the Concert had been organised mainly by the members of the Chapel a donation should also be given from RPC.  Mr Tinkler proposed £200 which was seconded by Mr Vernon and agreed by all.  This was specifically for use by the Members of the Chapel. Mr Cain was thanked for all his work in helping to organise the concert.

af)  Newsletter.

Mr Radcliffe was still working on this.

Ag)  Grass cutting .

The Clerk reminded Members that the Contract would finish at the end of August.  Mr Cregeen had indicated the he did not want to carry out ‘handyman work’.  Mr Cain said he would speak to Mr Cregeen.  A decision would have to be made on whether the new Contract for grass cutting would include this.

ah  Proposed amalgamation of Rushen with Arbory.

Nothing further on this.

ai)  Disaster recovery plan.

Once the new computer system was up and running the data could be saved and stored elsewhere.

aj)  Children’s Sports

Mr Radcliffe had spoken to his wife with regard to this as she had helped the residents organise other events in Ballafesson.  It was suggested that a Hop Tu Naa event should be organised and held in the Hall.  A children’s sports could be held on Tynwald Day in 2012.

ak)  Local Authority Induction Course Review.

Members  views had been sent in.

al)  Ballagawne Road.

Bus shelter – near roundabout – requested by passengers.

Also – a lady had contacted the Clerk asking if RPC could do anything about asking the bus people to have a bus go up Ballakillowey – it could turn at the end of Bradda View.

Members did not support the idea of a bus to Ballakillowey and the Clerk was to write to BusVannin only about the request for a bus shelter.

am)  Croit-e-Caley

Vehicles parked near the railway crossing.

The Clerk had phoned Port Erin Police Station to report this and was answered by a volunteer who had put her through to Headquarters who took the details.  She had not been contacted since.

This was to be brought up at the next Police Meeting.

Green – There had been complaints about children playing on the green with their bikes.   The Clerk had checked and there didn’t seem to be any damage.

an)  Winter Concert.

Rather than have a concert it was suggested that there could be a talk/presentation and Dessie Robinson could be asked to give his talk about the Calf.  It was also suggested that Michael Kneale may be able to give a talk about The Sound.

ao)  Insurance.

This was due for renewal at the end of July and the Clerk had contacted Marsh with regard to deleting the insurance for the mower and contents of the workman’s shed – neither of which was now required.  She had also asked that the amount for the Housing insurance be given separately .

Renewal documents had now been received and Mr Tinkler looked through these.  He asked the Clerk if she would check whether all the Members were still covered.

Renewal cost was £2,108, with the housing element being £961.30.

11.  CORRESPONDENCE

a)  2^nd Supplemental List 2011. This was noted.

b)  Electoral Register.

This was in force from 1^st July.    Noted.

c)  Revisions to Administration of Local Authority Petitioning Process.

This was pointing out which department deals with which – i.e. if a LA wishes to petition for permission to borrow for housing purposes, including refurbishments and maintenance it is now Dept. of Social Care;  DoI will be dealing with everything else.

This was noted as it was not relevant to RPC at present.

d)  Consultations. – email from DoI Highways. Copied to Members 29/6

DoI would shortly be holding a consultation that would be on the main Government consultation website.  However the Department was reacting to comments received from respondents to previous consultations who said that they did not have access to the internet or their access was limited.  DoI were therefore proposing to make the consultation available on paper through the Commissioners Offices and libraries.  They were asking for LA’s help in this.

‘Could you please let me know if this suggestion is reasonable and if so would you be able to print copies of the consultation as they are requested or if you would prefer me to supply a small number of copies?  The consultation has a total of 9 pages.’

Members agreed that this would be acceptable for a one-off consultation but not for all as some of them are very large and it would be time-consuming and expensive for the Clerk to print off these for anyone who asked.

e)  Town and Country Planning (Development Procedures)

Responses to the Consultation are available on www.gov.im/consultations.gov?menuid=16918&type=closed&page=2.

The changes were proposed to deal with administrative matters resulting from the reorganisation of Government and to create a clearer separation between the Department and the Planning Committee. ‘The Department, which is currently giving careful consideration to the comments received, has decided not to proceed with the Order at this stage.  Minister Gawne commented:- “I am grateful to those who took the time to respond to the consultation.  It is increasingly clear that a wider review of the planning legislative framework is required and the aims of this Order need to be carefully considered in the context of such a revision.  My Department is actively considering the legislative priorities for planning, which will also need to include the matters identified in this Order.”    This was noted.

f)  Radcliffe Close/Fairy Hill.

The Clerk had received an email from Mr Hotchkiss, resident of Radcliffe Close asking for something to be done about the bank between Radcliffe Close and the path behind Fairy Hill.  It was starting to fall apart and there were bits of metal exposed ‘which could cause serious injury to the children of the area.’

She went to have a look and contacted Mr Hotchkiss to say that it was nothing to do with RPC but that she would contact someone in DoI/Social Care who would be responsible.  She eventually got hold of Seamus Riley who now worked for both DoI and Social Care.  He said that part of the bank belongs to the residents of that side of Radcliffe Close and the other part is DoI/Social Care. They cut it three times a year. He would get someone to have a look and sort it out.  The Clerk had informed Mr Hotchkiss of this.

g)  Invitation from Bradda Glen Café.

They invited RPC  to ‘join them for an evening of delicious food and hospitality at the new Bradda Glen Restaurant on Sunday 31^st July from 6pm – 8pm’.

All Members indicated that they and their wives would like to attend and the Clerk was to reply accordingly.

h)  Road Transport Licensing Committee.

Applications, Decisions and Notices.                  Noted.

i)  Children and Families Service.

Changes in the way child referrals are dealt with.    Noted.

j)  Manx Lottery Trust.

They had sent a poster with contact details of the Manx Lottery Trust.  Website is www.mlt.org.im which contains information of charitable grants available in the IOM under the Manx Lottery Trust Grants Scheme.  The MLT is a Delegated Partner of the Big Lottery Fund and has a revised Manx Lottery Trust Grant Scheme to support the distribution of charitable fund in the IOM.

This was noted.

PLANNING MATTERS:

12.  PLANNING APPLICATIONS

a)  11/0840.  Upper Kirkhill (Kirkle), Ballakillowey Road, Ballakilpheric. Mr & Mrs S Berry. Demolish existing house and double garage and replace with a new dwelling of modern appearance with integrated garage.  This was four storey, flat zinc roofs, aluminium windows, white render.

This proposal was considered to be highly inappropriate in design and size in this open countryside location.

Recommend refusal.

b)  11/0839.  Upper Kirkhill, Ballakillowey Road, Ballakilpheric. Mr & Mrs Berry.

Demolish  existing house and double garage and replace it with a new dwelling.  The materials will be commonly used materials on the Island, such as slate roof, Manx stone and white rendered walls.   This would be 3 storeys high and have single storey extensions either side.

Members considered that this was an excessively large house and out of keeping with other houses in the area.  It was regarded as over-intensive development of the existing site.  This was a highly prominent site being on a hill in an open countryside location.

Recommend refusal.

c)  11/0901.  Shenvalley Farm, Ballnahowe. Cheeseden Investments Ltd. Demolition of existing cottage and construction of new detached dwelling with detached garage.

Members were concerned about the size of the property, especially compared to adjacent properties.  It was noted that it was not to be built on the footprint of the existing cottage and would have a separate garage. They did, however, approve of the exterior being of stone and it being traditional in design.

d)  11/0913.  Bird Observatory, Calf of Man. MNH. Alterations and additions to the Calf Observatory to create a guest wing WC, install PV and solar panels, replace two outbuilding roofs and install a high capacity water butt with the yard.  Also proposed installation of wind turbine on site of disused turbine.  Provision of a toilet for day visitors.   Amended site location also received.

Members had been given these plans previously by MNH to look at prior to submission to Planning.

No objections.

e)  11/0914.  25  Ballagale Avenue, Surby. S & S Bunyan. Proposed extension to kitchen and creation of sunroom.

No objections.

13.  PLANNING APPROVALS

a)  11/0267.  19a Odins Way, Ballakillowey Estate. Mr D Ward. Replace existing garage with extension to dwelling and widen driveway.

Decision – Senior Planning Officer.       Issued 24^th June 2011.

b)  11/0605.  Creg Cottage, Howe Road. Mr & Mrs Thirwall. Erection of a replacement sunroom to front elevation.  Conditions include – 2.  permission relates to … drawings 1105/04A received on 25^th May 2011 and 1105/01, 1105/02 and 1105/03 all received on 27^th April 2011.

c)  11/0679.  Ballagownie, Howe Road. Mr & Mrs I Munro. Alterations and erection of extension to dwelling.    Decision – Senior Planning Officer.    Issued 28^th June 2011.

14.  PLANNING REFUSALS

a)  11/0709.  Woodville, Castletown Road. Mr J Hill. Alterations, erection of extension and installation of replacement windows to dwelling.

Reasons for refusal -  1.  By reason of its scale, form and position the proposed development would  a) unacceptably affect the level of sunlight currently enjoyed by, and cause undue overshadowing, of the neighbouring property; and  b) have an overbearing impact on the neighbouring property, to the detriment of the enjoyment of that property.  2.  The proposed two storey extension would increase the impact of the building as viewed by the public and be visually detrimental to its appearance which is contrary to Housing Policy 16 of the Isle of Man Strategic Plan (20^th June 2007).

Decision – Senior Planning Officer.    Issued 29^th June 2011.

15.  PLANNING APPEALS

a)  11/0709.  Woodville, Castletown Road. Mr J Hill. Appeal against refusal for alterations, erection of extension and installation of replacement windows to dwelling.

(note:  RPC received the Refusal notice on 30^th June, the request for 5 sets of submission on 8^th July and the letter stating that an Appeal has been lodged, etc on 9^th July – there was usually a gap between these).

5 sets of submission re the Appeal by 28^th July were required.

As RPC had not objected to the application they did not wish to make any submission.

b)  10/1800/A.  Robin Hill Farm, Cronk y Dhooney, Ballakilpheric.  Mr & Mrs MacQuillan. Appeal against refusal for approval in principle for the erection of a dwelling to replace existing redundant shed/agricultural building.

Received – a copy of a rebuttal statement.  All the main statements had been received previously.

The Appeal would be decided by written submissions.

16. COMPLETION CERTIFICATES

a)  Part of Field 2368 Croit-e-Caley Hartford Homes Ltd. Erection of detached dwelling with integral garage (Meadowfield).                           Issued – 7^th June 2011.

b)  (sent to Port Erin Comm) 03/7690/.  Shilley-ny-Marrey, Surby Road, Surby. Mr G Clarke. First floor extension – bathroom and bedroom and re-roofing.

17. OTHER PLANNING MATTERS none.

18 ANY OTHER BUSINESS

a)  Hon. Noel Cringle, President of Tynwald had retired from the post.  A letter  was to be sent to him wishing him well in his retirement.

b)  Mr Adrian Tinkler. The Chairman gave his commiserations and those of the Members to Mr Tinkler who had had to withdraw from his candidacy for the forthcoming election for the House of Keys.

19.  DATE OF NEXT MEETING Wed 17^th August.

The Meeting then went into private session.

Meeting held at 7pm on Wednesday 15^th June 2011 at Ballafesson Hall.

MINUTES

Present: Mr D Cain (Chairman), Mr P Vernon (Vice-Chairman), Mr P Gunn,

Mr D Radcliffe.

Apologies: Mr A Tinkler.

1.  MINUTES:

The Minutes of the Meeting held Wednesday 18^th May 2011, having previously been circulated, were taken as read.  Mr Radcliffe queried 2 b) as he did not think that it had been discussed at the meeting.  The Clerk and Mr Cain confirmed that the matter was spoken of outside of the meeting.  It was duly deleted from the Minutes.  The Minutes were then approved for signing.

2. MATTERS ARISING:

a)  Southern Area Plan.

Public Inquiry. Information regarding the running of the Inquiry was received on 8^th June, giving the dates in July when each part would be considered.

Also received on 8^th June – an email stating that the Inquiry had been deferred from July as the Inspector needed to have an operation.  The new date for the Inquiry was provisionally given as starting on 3^rd October.

The Clerk had hand-delivered the submissions of RPC and the BKWP to the Chief Secretary’s Office on the morning of the 8^th June and had a receipt for them.

Ballakilley Working Party.   A meeting had been held on 25^th May.  In attendance were Bernadette McCabe from Port St Mary, Jean-Pierre Depin from Port Erin, David Radcliffe, Peter Gunn, Adrian Tinkler and the Clerk from Rushen.  David Parkes from Southern Nomads RFC was also in attendance.  The final details were discussed for the submission.

The Clerk had delivered the submission on 8^th June.

The Clerk and Mr Radcliffe were thanked for all their hard work in preparing these documents.

b)  DoLGE/Local Authority Issues:-

Local Government Review – nothing further on this.

Standing Orders – Local Government Unit, DoI had requested a copy of the Standing Orders of all Local Authorities:-   ‘As these are public documents the Department would like to have sight of the documents so we can check that all authorities are taking on board our advice in the Local Government Handbook which contains model standing orders.  It will also help us in reviewing the advice given in the handbook which is currently being updated.’  These to be sent by 30^th June.

It was agreed that the Clerk should send a copy of the LG Unit.

c)  Dept. Infrastructure

Informal Leisure Places.   Nothing further on this at present.

d)  Waste Management and Refuse Collection

Waste Strategy Consultation – email information received and how to find it on the web site received 26/5 and forwarded.  They were seeking views from as many people and organisations as possible and ‘would encourage you to complete the survey’.  The Chairman had printed off a copy.  It seemed that it was mainly the public’s views that were being looked for rather than LAs.  The Committee looking into this had various representatives sitting on it including a representative of the Municipal Association who, it was presumed,  was taken to represent all Local Authorities.

Bad Debtors –  The Clerk had not had time to deliver the bill to this person at his work but would ensure she did so shortly.

Sound Café – The invoice for the overdue amount and also April and May’s invoice had been sent.

A member of staff at the Sound Café had telephoned asking for a replacement commercial bin.  The damaged wheel on one of the bins had been pointed out to them on several occasions for over a year now as the binmen were in danger of damaging their backs trying to move it.  Nothing had been done. The Clerk had explained that RPC did not provide these – Manx National Heritage had purchased them and they would have to replace them.

Refuse Collection  – nothing to report.

e)  Lighting/MEA.

Ballakillowey  roundabout/Ballagawne Road scheme.  Although the roundabout had been completed no information had been received regarding the new lighting scheme.  The Clerk was to query this as money had been budgeted for this scheme and kept in reserve.

g) Carrick Bay View.

The Clerk was keeping her eye on this and, should the public footpath show signs of becoming overgrown she would ask Mr Cregeen to cut it back.

i)  Hedges

High Hedges:-

There had been further correspondence regarding High Hedges Case 2.  This is reported in Private Session.  The Clerk was to write to the owner of the hedge asking him to cut the hedge by the end of July and to maintain it at the height agreed with the neighbours the previous summer.

j)  Traffic matters – Department of Transport and other DoT matters.

The Clerk and Mr Vernon had attended the Traffic Meeting that morning.  Mr Vernon gave a report on the meeting.

Ballafesson Road – speed roundels. Still ‘in hand’

Ballachurry Corner – standing water – still ‘in hand’.

Plantation Hill. – Danger to pedestrians, etc on hill nothing further.

Speeding on Howe Road – nothing at present

Civic Amenity Site lines and signs – nothing at present.

The Level/Croit-e-Caley. Now that the work on the Ballakillowey roundabout had been completed they were to put a speed count on the road through Croit-e-Caley.

Glen Chass – sharp corner & turning circle. Cul de Sac sign.  To be put up soon.

‘Speeding’ on Old School Road – nothing further on this.

Shore Road – A speed count has been received for this.

Other DoT matters:-

Glen Chass Road – narrow corner. Nothing further.

Kerbstones at Ballnahowe – A speed count for this had been received and did not show excessive speeding.

k) Police

The Clerk had not attended the last meeting.

l)  Litter, beach cleans, dog fouling, etc.

Caring for Carers – they had not been in touch again but Fleshwick beach would be left for them to clean if they did so.

Michael Stoker  -.  Mr Radcliffe had not contacted  him yet.

Southern Young Farmers –  Mr Cain had been in touch with them and they would be cleaning Bay ny Carrickey soon.

m)  Ballafesson Playing Field,    Car Park, The Howe, Signs:-

Swing, Matting – The matting was to be ordered and it was to be ensured that fixings were included.

Car Park  – Mr Cain had checked this and confirmed that Mr Cregeen had cut the hedge.

Signs None were required at present.

n)  Web Site

The latest Minutes were to be forwarded to Mr Vernon.

o)  Southern Civic Amenity Site

Mr Cain said that there was nothing to report.

p)  Southern Swimming Pool

Mr Radcliffe said there was nothing to report.

q)  Municipal Association.

The AGM. A letter of thanks had been received from the Association.

It was generally agreed that it had been a good night and that Dessie Robinson’s talk on the Calf had been very enjoyable.  Meayll Booklets and mugs had been given out to everyone and they were most appreciated.

r)  Allotments

Mr Radcliffe was asked if they had been any meetings yet.  He said there had been none, even though there should have been one in June as a continuation of the joint meeting held between the Commissioners of Rushen and Port St Mary and the Allotment Society.  He said that he would ask when it was expected that a meeting would be held.

s)  Southern Healthcare Committee

Mr Tinkler was not present so there was no report.

t)  Marashen Crescent

Mr Radcliffe reported that good progress was being made with the Four Roads development and that the planning application for the demolition and rebuilding of the elderly persons’ dwellings at Marashen Crescent had been submitted.

u)  Rushen Ambulance

Mr Tinkler was not present so there was no report.

v)  MNH

Nothing at present.

w)  Risk Assessment

This would be due for re-assessment in July/August.  Mr Edward was off Island at present.

x)  Land in front of Hillcrest, Cregneash.

Mr Cain reported that it had been cut but not left in a tidy state.  He would ensure that it was

tidied up.

y)  Golden Jubilee Trust.

Event on 25th September.   Mr Radcliffe had not heard anything further on this.

z) Unsightly Buildings and Land.

Mr Richmond had contacted the Clerk again – email and phone – and said he would be writing to the Chairman.

Mr Cain reported that he had not contacted him on any matter.

aa)  Sloc Sites & Seats

Seat at The Chasms – MNH

Mr Cain reported that there had been a workman there the previous day and it was presumed that the repairs were being carried out.

Sloc Sites.   The Clerk had contacted DoI re cutting the Picnic Area (DoI responsibility) asking for it to be cut and, once again, asking for it to be put on a maintenance list so that it wouldn’t be forgotten every year.

They promised to cut it and put in on the list for cutting.

ab)  Bench & Tree at Croit-e-Caley Green.

The Clerk had spoken to a member of the Kneen family who had asked whether the tree on the green was the one which RPC had been in contact with them about.  The Clerk had confirmed this.

The plaque  was to denote that the land had been donated to Rushen Commissioners by the Kneen family of Croit-e-Caley.  The Clerk was to look in the Deeds for the date when it was given.

ac)  Agricultural Rating. Nothing further on this.

ad) Damage to Uplands – Carnanes.

Mr Vernon had not looked at this recently but had spoken to someone who had reported that the top end of the Carnanes greenway was still in poor condition.

ae)  Concert in Manx National Week.

Mr Cain and the committee had this all organised.  Laurence Skelly was doing the publicity and Mr Cain would make the poster for printing – RPC to pay for the printing.

af)  Newsletter.

Mr Radcliffe was compiling this and it was to include a piece to encourage the public to attend the Southern Area Plan Enquiry which would now be held in October.

Ag)  Grass cutting contract.

The Clerk pointed out that the contract finished in August.

ah  Proposed amalgamation of Rushen with Arbory.

This was to be left at present.

ai)  Disaster recovery plan.

This and the new computer were to be undertaken very shortly.

aj)  Children’s Sports

Mr Radcliffe was to ask some of the residents of the area if they would in interested in a children’s sports day being held in the Playing Field.  Car parking could be in the adjoining field.

ak)  Three Legs of Man – Parade of Sail.

There had been a preliminary sailing at the end of June, landing at Port St Mary.  Nobody from RPC had attended.  It was agreed that RPC would not look for a young person to take part in their sailing but rather the would support a local company – Seventh Wave – who ran sailing courses in Port Erin.  Mr Vernon had suggested this and Members had supported it.  He was to look into the details further and report back.  As the money would have to come from the Thousla Trust this was to be reported there also.  The Newsletter was to contain information regarding this and asking for young people who may be interested.

al)  Local Authority Induction Course Review.

The Local Government Unit were reviewing the content and format of these courses and had sent a questionnaire.  Deferred from May Meeting.

Members went through this and gave their views and the Clerk completed the questionnaire for returning to the LGU.

11.  CORRESPONDENCE

a)  consultation – Regulation and Licensing of Broadcast Content and a Strategy for digital Radio.

Received by email and copied to Members.  Views by 22^nd July.

Members only comment was that they were apprehensive about this being implemented.

b)  Civic Sundays:

Borough of Douglas – 19^th June.  Procession assembles Town Hall at 10am to St George’s.  Refreshments afterwards at Town Hall.  Level 3 of Shaw’s Brow Car Park will be open, free of charge.

Peel Town Commissioners 17^th July. Peel Methodist Chapel, Atholl Street 11am.  Procession will commence at 10.45am at Town Hall. Refreshments in the Corrin Hall after the service.

No Members indicated that they wished to attend either service.

c)  Armed Forces Day.

Invitation to attend the parade, Service, tea and evening’s entertainment.  Sunday 26^th June.

This was noted.

d)  Road Transport Licensing Committee.

Applications, decisions and notices.          Noted.

PLANNING MATTERS:

12.  PLANNING APPLICATIONS

a)   11/0679.  Ballagownie, Howe Road. Mr & Mrs I Munro. Single storey extension at the side to create family lounge and study.      No objections.

b)  11/0709.  Woodville, Castletown Road. Mr J Hill. Extension, replacement windows, conservatory and internal alterations.No objections.

c)  11/0605.  Creg Cottage, Howe Road. Mr & Mrs Thirwall. Erection of a replacement sunroom to front elevation.  Amendment received No objections.

13.  PLANNING APPROVALS

a)  11/0481.  Lingague Farm Cottage, Ballakilpheric Road. Mr & Mrs R Kerr. Erection of a replacement dwelling and free standing garage.

Usual conditions.  Decision – Planning Committee.     Issued 20^th May 2011.

b)  11/0480.  Lhoindaig Cottage, Croit-e-Caley. Mr A Wilson. Installation of a replacement front door.   Usual conditions.  Decision – Director of Planning.  Issued 20^th May 2011.

c)  11/0480.  Ballakilley Farm, Church Road – field 411497. Mr & Mrs Jamieson. Creation of three ponds with associated culverts and landscaping.

Conditions include 3.  No development which would have an impact on the existing watercourse may be undertaken outside the months between and including July to September to avoid disturbance to spawning fish and juveniles.  Note:  No approval is hereby granted to any enclosure of any watercourse through culverting.  Note:  Prior to the commencement of works, the applicant is advised to contact the Fisheries Division of DEFA in respect of prevention of siltation or sedimentation of or other adverse impact on the stream during the implementation of the works, the installation of silt traps and the formulation of a method statement and sluice gates to control overflow through the ponds.

Decision – Senior Planning Officer.     Issued 31^st May 2011.

d)  11/0571.  Cronk Moar Farm, Shore Road, Strandhall.  Ms G A Watterson. Installation of replacement windows, doors and glazed passageway.

Decision – Senior Planning Officer.                 Issued 8^th June 2011.

14.  PLANNING REFUSALS none.

15.  PLANNING APPEALS none

16. COMPLETION CERTIFICATES none

17. OTHER PLANNING MATTERS

a)  11/0541.  Shed at Castletown Road. For Mr Morris.

The Clerk had received an email (copied to Members)  from Sarah Corlett, Planning Officer, regarding the application for a shed to store implements and cider press.  They had received a report from the officer at DEFA which wasn’t particularly helpful to her as to whether the proposed business would be viable.  Under Environment Policy 15 an agricultural building has to be needed and (under Policy 3) essential.  She said that perhaps a pragmatic approach may be to look at the size of the building and what it was proposed to be used for and to assess whether this was reasonable on the basis that if the land was to be maintained then there may well be some requirement for storage on site for whatever the land is used for, if it isn’t going to be used as part of a larger holding.

b)   Calf Observatory, Calf of Man. MNH. Sean Murphy of MNH had brought plans for Members to look at prior to submitting them.  They were proposing to:-  install a solar panel on the main roof pitch of the observatory to provide hot water and reduce generator use; install photo-voltaic panels on adjacent single storey roof pitch; install a composting toilet to be located within a currently roofless outbuilding to provide a facility for day visitors to the Calf; a new wind turbine to be located the same place as the remnants of a previous wind turbine; creation of a new WC in the guest side of the Observatory – a present guests had to make use of the sole WC located within the warden’s accommodation;  install two wood burning stoves to replace the existing open fire and gas fire; installation of a 6,000 litre tank within an open yard area to be linked to adjacent gutters to provide rain-harvested water for use in an emergency/heath fire; replacement of an existing asbestos sheet roof to one of the outbuildings with a metal roof.

Members had no objections to this.

18 ANY OTHER BUSINESS

a)  Ballagawne Road.

The Clerk reported that an elderly lady has been on the phone asking for the bushes at the corner of Ballakillowey/Mount Gawne Road to be cut back as they were growing out and people were having to walk too near the pavement edge.  She also asked if RPC could ask for a bus shelter at the bus stop on the other side of the road (she had thought one was going to be installed when the work was being done to the roundabout as there was a new piece of concrete put down – however this was for the new sign).

The owner of the house was to be asked to cut back the bushes.

The Clerk was to write to IOM Transport to request a bus shelter.

b)  Croit-e-Caley

Vehicles parked near the railway crossing. Complaints that a resident was parking his lorries at the crossing and drivers couldn’t see the red light when a train was coming.

The Clerk was to report this to the Police.

c)  Winter Concert.

As Mr Robinson had been so successful at the Municipal Assocation AGM with his talk on The Calf it was agreed that the possibility of having a Winter ‘Do’ which would include his talk should be investigated.

d)  Hedge Trimming.

Mr Vernon asked if the DoI could be requested to trim hedges and spray the weeds along the roads and pavements as they were growing quite large.

19.  DATE OF NEXT MEETING 20^th July 2011.

AGM  held at 7pm on Wednesday 18^th May 2011 at Ballafesson Hall.

MINUTES

Present: Mr D Radcliffe (Chairman), Mr D Cain (Vice-Chairman), Mr P Gunn,

Mr A Tinkler (for part of the meeting).

Apologies: Mr P Vernon.

1.  MINUTES:

The Minutes of the Meeting held Wednesday 20^th April, having previously been circulated, were taken as read and agreed a true record.

2.  ELECTION OF OFFICERS FOR THE FORTHCOMING MUNICIPAL YEAR:

CHAIRMAN:

Mr Derek Cain (retiring Vice-Chairman), prop. Mr A Tinkler, sec. Mr P Gunn.  All agreed.

Mr Cain accepted the position and thanked the retiring Chairman for all the hard work he had done for the Commissioners and the people of the Parish.  This was endorsed by the Members.

Mr Radcliffe thanked all the Members for the support they had given him (and to Mrs Gunn for the cakes which she sent to the meetings).

Mr Cain then took the Chair for the remainder of the Meeting.

VICE-CHAIRMAN:

Mr Peter Vernon – prop. Mr D Radcliffe,  sec. Mr P Gunn.  Mr Vernon had indicated to the Clerk that he would be willing to accept the office of Vice Chairman , if elected.  All agreed.

3.  ELECTION TO VARIOUS BOARDS/COMMITTEES:

a)  Southern Civic Amenity Site Board. Not due for election this year.

b)  Swimming Pool Board.  Not due for election this year.

c)  Marashen Crescent Elderly Person Housing. Not due for election this year.

d)  Municipal Association (annual)  It was agreed that Mr Gunn should continue as the representative.

e)  Southern Healthcare Committee (annual)  Mr P Vernon was proposed as continuing with this.  All agreed.

f)  Rushen Ambulance Committee (annual)  Mr Tinkler agreed to carry on but pointed out that there were very few meetings.

g)  Ballakilley Working Party. As the Southern Area Plan Inquiry was so close it was agreed that those who were already on this should remain i.e. Mr Radcliffe and Mr Gunn.

4..  MATTERS ARISING:

a)  Southern Area Plan.

Public Inquiry. – The Pre-Inquiry Meeting was on 27^th April at Morton Hall, Castletown, starting at 9 30am. Mr Vernon and the Clerk had attended and the Clerk had given Members a summary of what the Inspector had said.

On 4^th May a letter had been received from the Planning Appeals Administrator with notes of the Pre-Inquiry Meeting which gave information on the Inquiry and the web site where the summary of the submissions could be found.  The Clerk had been looking for these since the Pre-Inquiry but they had not been available.  She had contacted Emily Curphey after the Bank Holiday to ask about this and was sent a CD with the actual submissions scanned onto it and she was told that the submissions would be put on the web site ‘shortly’ – the Planning Appeals Administrator was responsible for all that.

Also sent was a form asking for confirmation on which comments on the Summary,  which had by then appeared on the CSO web site,  those taking part wished to respond to at the Inquiry and what length of time would be required,  whether they would have legal representation and whether they would be calling witnesses.  This had to be in no later than 11^th May.

After consultation with Members she had sent this in on 10^th.

Everyone had to have their final submissions in by 8^th June.  The Clerk said that this would be the updated version based on the Summary and anything else subsequently thought to be relevant.

With regard to the Inquiry, Mr David Radcliffe would be speaking for Rushen Parish Commissioners.

Ballakilley Working Party. –  A short meeting had been held on Tuesday 17^th attended by Mr Bennett and Mr Depin who were the new representatives for Port Erin Commissioners, Mrs McCabe for Port St Mary Commissioners, Mr Radcliffe, Mr Gunn and the Clerk were also in attendance.  The Ballakilley Working Party was to call on witnesses at the Inquiry and it was hoped that these would include a representative from Nomads Rugby Club and from the Rushen Burial Ground Authority.  A further meeting was to be held the following Wednesday to discuss the final Submission.

b)  DoLGE/Local Authority Issues:-

Local Government Review – nothing further on this.

Attendance at Meetings and Allowances.

Letter from Local Gov. Unit.  Under Schedule 2 of the Local Government Act 1985 each LA and Joint Board shall publish a report in respect of each financial year stating:

a)  the number of meetings of the Authority*

b)  the number of meetings of each committee or sub-committee of the Authority*

c)  the number of attendances of each member of the Authority* at meetings of the      Authority* and each committee and sub-committee of the Authority*; and

d)  the total sums paid to each member under the Schedule.

*Under Section 68 of the Local Government Act 1985, the provisions of Schedule 2 shall apply to a Joint Board as they apply to a Local Authority.

Authorities and Joint Boards are also required to arrange for a copy of the report to be sent to the Department, together with a certificate of the auditor appointed to audit its accounts verifying that the information is correct.

Accordingly I would be grateful if you would submit a report in respect of the financial years ended 31^st March 2010 and 31^st March 2011 to PKF (Isle of Man) LLC, the auditors of Local Authority and Joint Board accounts by 30^th June 2011.  Upon the firm verifying the report, they will then send it to the Department directly along with the auditor’s certificate.

The Clerk would ensure that this was done within the required timescale.

Local Authority Petitions – letter from Acting Local Government Unit Manager re Local Authorities’  petition process (the petition process involves asking for permission to borrow money for various projects). They were still trying to work out how to deal with administrative arrangements once Stage 6 Report and a petition request was sent to the Petitions Office. Anything to do with Housing would be dealt with by Department of Social Care, anything else by the Dept. of Infrastructure.

‘Discussions between officers within the Departments involved in the petitioning process have highlighted the need for a more robust relationship to be put in place between the Local Authority Officers and the DOI’s technical officers when discussing projects that will need to be petitioned for in the future.’

They want to know if RPC would need to petition the Department for a rate borne scheme in the future months and years – with target dates.  From 1^st April 2011 to 31^st March 2014.

As there were no schemes envisaged within those dates the above was noted.

c)  Dept. Infrastructure

Informal Leisure Places.   Nothing further.

d)  Waste Management and Refuse Collection

Refuse disposal cost – This had now increased to £30.74 per tonne for domestic (was £29) and £106 per tonne for commercial (was £100).

Bad Debtors –   The Clerk had not had time yet to visit the long-term debtor.

Refuse Collection  – nothing to report.

Sound Café – The Clerk had not commenced the monthly invoicing yet.

e)  Lighting/MEA.

Ballakillowey  roundabout/Ballagawne Road scheme.  The roadworks had been completed.   It was presumed that the MEA would now progress the new lights.

New light fitting required on RN088 – Sound Road.  It was beyond repair as it was badly corroded.  The fitting and arm had been removed for safety reasons.  Estimate for replacement 1m arm and fitting was £457 plus vat.

It was agreed that this work should be carried out.

g) Carrick Bay View.

The Clerk asked if David Cregeen should be asked to trim alongside the public footpath rather than wait for the DoT to do it as they had been very slow to do it in the past few years.  It was agreed that Mr Cregeen should be asked to cut it back when this was required.

i)  Hedges

High Hedges:-  private session.

j)  Traffic matters – Department of Transport and other DoT matters.

The Clerk had contacted the DoI to ask what progress was being made with the roundels, Ballachurry Corner and the cul de sac sign at Glen Chass.  She was told that the work gangs were busy on road repairs but that they hoped to be dealing with these matters quite soon.

The Clerk said she would be taking them up at the next Traffic Meeting.

Ballafesson Road – speed roundels.

Ballachurry Corner .

Plantation Hill. – Danger to pedestrians, etc on hill Nothing further.

Speeding on Howe Road – Mr Cain reported that residents were still concerned that the speed limit had not been taken up as far as the Quarry Car Park.

Civic Amenity Site lines and signs.

The Level/Croit-e-Caley. The Clerk said that she would be bringing this up at the next Traffic Meeting as the DoI had said that they would be leaving it until after the Ballakillowey roundabout was completed as some traffic would be taking ‘short cuts’ through Croit-e-Caley and the real problems would not be evident.

Glen Chass – sharp corner & turning circle. Cul de Sac sign.

‘Speeding’ on Old School Road .being monitored.

Shore Road – there had been a speed counter outside Aigney Mie. The data from this had been received.  Hugo McKenzie, DoI had said that the speeds were not as high as he had expected.  It would be on agenda for next Traffic Meeting.  Members were surprised at the amount of vehicles given as using that road.

Other DoT matters:-

Glen Chass Road – narrow corner. Nothing further.

Kerbstones at Ballnahowe. Nothing further.

k) Police

The Clerk had not attended the last meeting.

l)  Litter, beach cleans, dog fouling, etc.

Caring for Carers – the Clerk was still waiting for an email from the woman who had contacted her.

Michael Stoker  – Mr Radcliffe had not contacted him yet.

Southern Young Farmers – Mr Cain had spoken to them and they had agreed to clear Bay ny Carrickey one Sunday but not before TT.

The Clerk was to order bags.

Fleshwick nothing at present.

m)  Ballafesson Playing Field,    Car Park, The Howe, Signs:-

Swing, Matting – The Clerk had not ordered these yet.

Car Park  – The Clerk had asked  Mr Cregeen to trim the hedge.  Mr Cain was to check whether he had done this.

Signs none required at present.

n)  Web Site Mr Vernon had this in hand.

o)  Southern Civic Amenity Site

The Clerk had asked Mr Cain, RPC’s representative on the Amenity Site Board, to check with their Clerk regarding the charging of £63 per tonne for rubbish from Schools and Care Homes as this should be at the ‘domestic rate’ of £30 70 per tonne.

Reply given to DC – copied to us ‘They are charged at the domestic rate of £32 and the other £31 is the Site service charge, which is actually £32 a tonne now, payable by all Users on top of the Government charge.

(This rate applies to the following regular users of the Site KWC, Dept. of Education and Children, Abbotswood.  Generally if anything comes in from Southlands we don’t charge if it is personal stuff from the residents such as TVs)’

This information was noted.

Mr Cain said that they were going to incur a large cost with regard to the digger and they would have to pay approximately £8,000 for a new arm as it was out of warranty.

p)  Southern Swimming Pool

Mr Radcliffe said that there was nothing to report.

q)  Municipal Association.

Mr Gunn gave a report on the last meeting.  Mr Graham Cregeen MHK had attended together with Amanda Craig, who was taking the place of Carole Sutherland as Local Government Unit Manager.  Mr Cregeen was keen to keep lines of communication with local authorities.

Mr Gunn also reported that the Association subscription would be increasing to £260 per annum

The AGM would be held on 26^th May at The Sound Cafe.  Final date for confirmation of attendance and payment – 16^th May.  The Clerk had confirmed that Mr Gunn, Mr Radcliffe, Mr Cain and herself would be attending and the cheque for the meals had been paid.

The Meeting would commence at 7 30 and raffle prizes had been requested.

The Clerk had suggested that all those attending be given a copy of the Meayll Peninsula booklets as she had quite a few with staples which were slightly rusty and therefore couldn’t be sold.  This was agreed and it was also suggested that they also be given one of RPC’s mugs.

r)  Allotments

It was queried whether any meetings of the Committee had been held.  Mr Radcliffe, RPC’s representative on the Allotment Society,  said there had been none. At the combined meeting which had been held some months previously it had been agreed that there would be another such combined meeting in six months time.  No information had been received regarding this.    The Appeal against planning refusal for the sheds would be held on 16^th June at 2pm.

s)  Southern Healthcare Committee

Mr Tinkler said that he, as Secretary, was to write to the Local Authorities to ask if they would consider fund raising to raise money for them.  The next meeting would be in October.

t)  Marashen Crescent

Mr Radcliffe said that the Four Roads project was going ahead well and that they received weekly reports from the developers informing them of what was happening.

u)  Rushen Ambulance

Mr Tinkler said there was noting to report.

v)  MNH

The Clerk had received a phone call from the southern news reporter for IOM Newspapers asking if she knew who owned the land on Meayll Hill as she had been told that someone had been cutting turf from there.  She had told her that MNH would own some of it. There had been an article in the paper about this.  Some days later the Clerk received a phone cal from the Police saying that MNH had told them RPC owned the land alongside the road.  They had been in discussion with MNH about the damage and it was evident that motorbikes had been using the area and a jump had been built with stones and the turf.  They had suggested that notices be put on the side of the road asking people not to ride bikes there, under the mis-apprehension that RPC owned the land at the side of the road..  The Clerk had informed them that MNH had not contacted them but that RPC had a meeting that evening if they wanted anything discussed. Mrs Mitchell from MNH had, shortly afterwards, contacted the Clerk and said that they would be contacting RPC when they had decided what they were going to do about the problem.

Mr Cain said that there were always motorbikes up on the hill.

This was noted until MNH contacted RPC.

Mr Tinkler left the meeting (8pm).

w)  Risk Assessment

The renewal of the consultant’s services and updating of the list would be due for consideration again in a few weeks.

x)  Land in front of Hillcrest, Cregneash.

An email had been received from Mr John Qualtrough that morning and Mr Cain had the original letter which he brought to the meeting:-

‘Land adjoining Hillcrest, Cregneish.  This letter is to confirm the verbal agreement between the Owners, Barbara Qualtrough and John Qualtrough (the Owners) and Rushen Parish Commissioners (the Commissioners) whereby the Owners permit and license and give their consent to the Commissioners to enter upon their land in Cregneish for the purpose of cutting the grass and maintaining the same for the general improvement of the same for general use of the public and people of the Parish to enjoy the view of the village from the same and that this licence shall exist from year to year until such time as the Owners so wish to terminate the same and the Commissioners acknowledge that this licence does not in any way constitute a lease or assignment of the said land to them.  Signed Barbara Qualtrough and John Qualtrough.  Dated 17^th May 2011.’

It was agreed that this letter would be sufficient to allow RPC to spend money on having it cut. A letter of thanks to be sent to Mr & Mrs Qualtrough.

Mr Cain asked if he could ask David Cooil to cut it with the hedge trimmer.  This was agreed.

y)  Golden Jubilee Trust.

Event on 25th September.   Mr Radcliffe would speak to one of the other LA representatives about this.

a) Unsightly Buildings and Land.

The Clerk had emailed Mr Richmond.  No reply had been received.

ab)  Sloc Sites & Seats

The Clerk had received a phone call from the DoI regarding a seat near the Chasms which had been reported to them as in a dangerous condition.  They thought it belonged to RPC and that it should have tape put around it to warn people not to use it.  The Clerk had told him that it didn’t belong to RPC but she would try to find out who was responsible.  Mr Vernon had photographed this and Mr Cain said that it belonged to MNH.  Mr Murphy from MNH had contacted the Clerk to say that they had the wood for it ordered and it would be repaired soon.

Sloc Sites.  Mr Cain mentioned the possibility of RPC taking on responsibility for the Picnic Area as DoI did not cut it as often as they used to.  The Clerk was concerned about liability and responsibility for the picnic tables. This was not agreed.

The Clerk was to contact DoI asking for the area to be cut.

Bench & Tree at Croit-e-Caley Green.

Mr McFee had installed his bench on a concrete plinth.  RPC’s table & bench had not been fastened down yet.

ac)  Agricultural Rating. Nothing further on this.

ad) Damage to Uplands.

Mr Radcliffe had been in the area over the Easter holidays and said that the work had been partly done.

ae)  Concert in Manx National Week.

Mr Cain reported that they had held a Committee meeting with Laurence Skelly, Chris Bellfield and Adele Parsons to organise the event.  They had a line up of people willing to take part:  Paul Costain, Peddyr Cubberly and Becky, a group from Port St Mary School, Ballafesson Brass and Barbara Drinkwater.  Juan Watterson MHK would be Chairing it.  Mr Skelly would be handling publicity and it would appear in the National Week literature.  The Clerk asked if there would be posters and would RPC fund these.  Mr Cain said he would look into that.

af)  Newsletter. Mr Radcliffe had this in hand.

Ag)  Grass cutting contract.

David Cregeen had informed the Clerk that he did not want to be involved in putting up signs and other such work.  Undertaking this had made his insurance too expensive.

Mr Cain said that he was disappointed that he would not do this.  The Clerk pointed out that the contract had asked only for grass cutting and that the services of an occasional handyman were needed.

ah Proposed amalgamation of Rushen with Arbory.

There was nothing further on this at the moment.

ai)  Disaster recovery plan.

aj)   Housing Conference 30^th March. As Members had not had any further input into this it was to be taken off the Agenda.

ak)  Children’s Week – 10^th – 16^th July.

Sports?  It was decided that, as RPC would be very much involved in the Southern Area Plan during that time they would not hold a children’s sporting event then although there was the possibility of holding one in the summer holidays.  Mr Radcliffe would look into this in due course.

am)  Three Legs of Man – Parade of Sail.

The Clerk had contacted Jim Graves – one of the names given in the information received. He was based in Liverpool and so was not conversant with Rushen Parish Commissioners nor of their past involvement of sponsoring a young person from the Parish for the Francis Drake/Greater Manchester Challenge sailing.  Basically – they seemed to be looking for general sponsorship and would be grateful for any contribution.  The dates for this would be late August and the sail will be in three parts.  Part 1 – Liverpool to IOM – parade sail around the IOM;  part 2 – IOM to Belfast; part 3 – Belfast to Liverpool. This parade was the fore runner for the Titanic events in April 2012.

MAST was also planning a 3 day sail to the Isle of Man from 10^th June up to and including the 12^th June 2011.  He said that a place on one of these parts which would be £250.

The Clerk said she wasn’t very clear on what Mr Graves had been saying.  She would contact him again and try to clarify this but it was agreed that it was too late to arrange for anyone to go on the June sailing

11.  CORRESPONDENCE

a)  Tynwald Day 5^th July.

Invitation to Chairman – two Grandstand seats and car park pass.  Reply by 31^st May.

Mr Cain and his wife would attend.

b)  Tynwald Garden Party – Sunday 3^rd July.

To be held at the Nunnery in the presence of His Excellency the Lieutenant Governor, Adam Wood at 2 30pm on Sunday 3^rd July.

Mr Cain and his wife would attend.

c)  Her Majesty The Queen’s Diamond Jubilee Celebrations 2012

COMIN has established a Working Group to consider what celebrations may be appropriate.  They were enquiring from various local bodies to establish if any special arrangements were in mind or had been made to celebrate the Jubilee so that they could gain an overview.

The celebration weekend would be based on the precedent set for the Isle of Man Golden Jubilee celebrations – there would be an extra bank holiday on Friday 6^th July 2012 (the day after Tynwald Day).  (The UK were to have an extra bank holiday on 5^th June as part of their Diamond Jubilee Celebrations).

There were no events arranged by RPC envisaged at present.

d)  Supply Chain for Offshore Wind Farm project.

From Fiona Gell – reminder of marine workshop 7^th May and also above presentation.  Noted.

e)  Local Authority Induction Course Review.

The Local Government Unit were reviewing the content and format of these courses and had sent a questionnaire, of which all Members had a copy.

It was agreed that Members would look through this and it would be considered at the June Meeting as replies were required by 1^st July.

f)  consultation – Education for the Workplace.

This was with regard to how well education provision prepares students for the workplace when leaving school and Higher Education.  Reply by 17^th June.   This was noted.

g)  Review of On Street Parking & Off Street parking issues.

From Infrastructure – Properties.  They had sent a copy of the news release   Any replies to be received by 22^nd May.

Members did not agree with the introduction of parking meters, if that was to be proposed.  Disc parking, which was prevalent on the Island was regarded as being successful.  With regard to parking on roads and streets, it was to be suggested that planning fees should be waived for those people applying to either install or widen a driveway to accomodate their off-street parking.

h)  Civic Sunday.

Onchan Commissioners – invitation to attend 3pm Sunday 22^nd May at St Peter’s Church, Onchan.  Chains of Office may be worn.  Leaving car park, School Road at 2 25pm.  Afterwards in the Views Restaurant in Onchan Park for refreshments.

No Members indicated that they would be attending.

i)  Petitions for Redress.

Notes on the Presentation of Petitions for Redress 2011 received.  This was noted.

j)  Isle of Man Armed Forces Day – Sunday 26^th June.

Flags will be flown from 10 30am on Monday 20 June to 9am on Monday 27 June.  Flags may be purchased at £10.  Noted.

PLANNING MATTERS:

12.  PLANNING APPLICATIONS

a)  11/0571.  Cronkmooar Farm, Strandhall. Ms G A Watterson. Replacement of existing timber framed windows with uPVC sliding sash windows in oak colour; replacement of existing timber doors with oak colour uPVC doors; replacement of existing timber and plastic roof on glazed passageway with uPVC in oak colour and glass; replacement of timber framed front to glass passageway with oak coloured uPVC.

No objections.

b)  11/0605.  Creg Cottage, The Howe. Mr & Mrs Thirwell. Removal of existing timber framed sunroom to existing brickwork plinth level; new timber framed sunroom with uPVC double glazed windows to be built up off existing plinth wall.

No objections.

13.  PLANNING APPROVALS

a)  10/1099.  Field 411371 Ballanard House, Ballnahowe. J & F Holdings. Erection of stable block.  Conditions include 3.  The roof of the stables must be finished in a dark grey coloured material to imitate natural Manx slate.

Decision – Planning Committee.   Issued 26^th April 2011.

b)  11/0319.  12 Christeens Way, Ballakillowey Estate. Mr & Mrs N Grounds. Alterations, erection of a roof extension and extension to rear of dwelling.

Decision -  Senior Planning Officer.       Issued 6^th May 2011.

c)  11/0391.  3 Viking Close, Ballakillowey Estate. Mr & Mrs H Buchleitner. Erection of a replacement sun lounge extension.

Decision – Senior Planning Officer.       Issued 6^th May 2011.

d)  11/0378.  Rose Cottage, Surby Road, Surby. Mr & Mrs N Ennett. Additional use of residential dwelling as tourist accommodation.

Condition 2 – This permission relates to the use of the premises as tourist accommodation or permanent residential accommodation.

Decision – Senior Planning Officer.    Issued  9^th May 2011.

e)  11/0267.  19a Odins Way, Ballakillowey Estate. Mr D Ward. Replace existing garage with extension to dwelling and widen driveway.  AMENDED PLAN received re  proposed sewer diversion.

14.  PLANNING REFUSALS none.

15.  PLANNING APPEALS

a)  10/1800/A.  Robin Hill Farm. Cronk y Dhooney. Mr & Mrs G MacQuillan. Approval in principle for erection of dwelling to replace redundant shed.

This was an appeal against refusal for approval.  The Appeal was to be considered by written submission.  Copies of these had been received.  Any rebuttal of these had to be received by Planning Appeals Administrator by 28^th May.

RPC had sent in a submission to support the appeal.

b)  10/1815.  Allotment Site, Field 1540 Mount Gawne Road. Port St Mary Commissioners. Appeal against refusal for the erection of 25 sheds.  The Appeal Hearing would be at 2pm on Thursday 16^th June.

As it was felt that there was nothing further which could be said, as Port St Mary Commissioners/Allotment Society  were not prepared to have communal sheds which RPC and the Deputy Minister had suggested, that there would be no representation from RPC at the hearing and that the Inspector should take into account their previous submissions.

16. COMPLETION CERTIFICATES none

17. OTHER PLANNING MATTERS none

18 ANY OTHER BUSINESS none.

19.  DATE OF NEXT MEETING 15^th June 2011  Mr Tinkler indicated that he would not be attending the June Meeting and he gave his apologies.

Meeting held at 7pm on Wednesday 20^th April 2011 at Ballafesson Hall.

MINUTES

Present:- Mr D Radcliffe (Chairman), Mr D Cain (Vice-Chairman), Mr P Vernon, Mr P Gunn.

Mr Tinkler arrived at 8 25pm.

1.  MINUTES:

The Minutes of the Meeting held Wednesday 16^th March, having previously been circulated, were taken as read and agreed a true record.

2.  MATTERS ARISING:

a)  Southern Area Plan.

Public Inquiry. – The Pre-Inquiry Meeting would be held on 27^th April at Morton Hall, Castletown, starting at 9 30am.

The Chairman, Clerk and Mr Vernon were to attend.

Ballakilley Working Party. –  the Clerk would need to contact them to see if they wanted a meeting to discuss the Inquiry.

b)  DoLGE/Local Authority Issues:-

Local Government Review – nothing further on this.

c)  Dept. Infrastructure

Informal Leisure Places.    Email from Juan Watterson – copied to Members on 4/4.

‘Rushen has been announced as the ‘preferred bidders’ for the first Low Cost Activity Hall.  In order to proceed we need to demonstrate that we have a solid funding base and income streams.  We have already secured an indicative source of seed corn funding but a clear requirement of the DCCL was to work with local authorities on this project.  At our last meeting we discussed the possibility of a ‘rates rebate’ for the Hall.  This would equate to the Hall Directors paying their rates in the usual manner, and Rushen Parish Commissioners writing an annual cheque for an equivalent sum.  Initial estimates received from the Government Valuer put this at about £600 per year.  If this can be agreed, such a show of support from Rushen Parish will provide significant momentum for us to enter into negotiations with Port Erin and Port St Mary Commissioners for additional funding streams.

At this stage I would appreciate it if you could consider approving the following:

1.  That Rushen Parish Commissioners agree in principle to financial support for the Low Cost          Activity Hall equivalent to the rateable income of the Hall.

2.  Whether the Commissioners would need to appoint a Director on the formation of the Hall company.’

Members discussed this and agreed that they would waive the Rate Income for the proposed hall.  With regard to appointing a Director they agreed that RPC should do so.

d)  Waste Management and Refuse Collection

Bad Debtors –   Small claims court.  The Clerk had found out where Mr Turner could be contacted and it was agreed that she should make one further attempt to collect the money owed.

Refuse Collection  – nothing further at present.

Sound Café, Recycling ‘bring-banks’ – Croit-e-Caley.

e)  Lighting/MEA.

Ballakillowey  roundabout/Ballagawne Road scheme.

The roadworks were still not finished nor the lighting scheme started.  This would not be in the 2011/12 budget.

g) Carrick Bay View. The Clerk reported that the new dog bin was now up.

i)  Hedges

High Hedges:- There was nothing at present but, now that the growing season was starting there may be problems with one of  the current cases.

j)  Traffic matters – Department of Transport and other DoT matters.

Ballafesson Road – speed roundels.  The Clerk was to query when these would be installed.

Ballachurry Corner – nothing done yet re the standing water.  The Clerk to query this also.

Plantation Hill. – Danger to pedestrians, etc on hill Nothing further.

Speeding on Howe Road – the speed limit signs were up and being monitored.

Civic Amenity Site lines and signs. Nothing further.

The Level -   nothing.

Glen Chass – sharp corner & turning circle. The Clerk to ask, once again, for a ‘cul de sac’ sign to be put in the turning circle for the Chasms road.

‘Speeding’ on Old School Road This was being monitored.

Croit-e-Caley - traffic speeding.  This had been mentioned at the last Traffic Meeting and it would be looked at again once the new Ballakillowey roundabout was finished and traffic was not longer taking short cuts through Croit-e-Caley.

Shore Road – There was a speed counter outside Aigney Mie.

Other DoT matters:-

Glen Chass Road – narrow corner. Nothing further.

Kerbstones at Ballnahowe. Nothing further.

30mph sign near Ballachrink, Surby. Mr Gunn reported that this had been replaced.

k) Police

The next meeting would be on 28^th April.  Members indicated that there was nothing which they wanted brought up at the meeting.

l)  Litter, beach cleans, dog fouling, etc.

The article asking for groups interested in beach cleaning had been in the Independent.  No interest shown.

Email from Michael Stoker who had written an article in the Courier as he wanted to clean p the Island’s beaches.  Forwarded to Members 16/4.  He would like to meet with RPC after Easter.

From the article in the paper it appeared that Mr Stoker ran a commercial cleaning company although the article indicated that they were cleaning beaches voluntarily at the moment and wanted volunteers.

Mr Radcliffe said that he would speak to him abut this.

Mr Cain said that the Southern Young Farmers were interested in beach cleaning.  He would contact their Chairman.

The Clerk had received a phone call from someone from ‘Caring for Carers’ wanting to do a beach clean and she had said that she should send an email with the information.  This had not been received yet.

Fleshwick sign.  The sign had been received and given to Mr Cregeen and Mr Gunn reported that it was now up.

Dog bins – The new bin has been put up on Carrick Bay view

m)  Ballafesson Playing Field,    Car Park, The Howe, Signs:-

Swing, Matting – These were now to be ordered.

Car Park – boat & trailer.  These had now been removed.

Signs – The sign for The Chase, Ballakillowey now received and given to D Cregeen to erect.

n)  Web Site Clerk to send Minutes to Mr Vernon.

o)  Southern Civic Amenity Site

Email received from  their Clerk – reduction in price for disposing of fridges there.  Now £15 (below 135mm) £20 (above 135mm) and £40 for American style.

2011 price list for domestic and commercial users from 1/4/11.

Burnable             138 per tonne; landfill 138 per tonne; schools/care homes £63 per tonne;

Wood  £70 per tonne; inert £32 per tonne; clean rubble 32 per tonne, green 32 per tonne;

Weighbridge charge – £3 per ticket.

Domestic rubble/green sods/soil excess load  11 per tonne; domestic EFW excess load 32 per tonne; domestic landfill excess load 32 per tonne (eg plasterboard/fibreglass insulation.

Excess loads of commercial cardboard will be charged for by weight (EFW rate)

Min. charge for Commercial Gardeners £4 per visit (inc vat)

All prices plus VAT @ 20%.

Soil conditioner £25 per bag – 5 for £6; £22 per tonne plus vat.

Any weighbridge hand ticket £6 or more will incur a charge of £1 20 per day.

The Clerk asked Mr Cain, RPC’s representative on the Amenity Site Board, to check with their Clerk regarding the charging of £63 per tonne for rubbish from Schools and Care Homes as this should be at the ‘domestic rate’ of £30 70 per tonne.

ALSO – Opening times over Easter and bank holidays had been received and noted.

p)  Southern Swimming Pool

Mr Radcliffe had attended the meeting the previous week and there was nothing to report.

q)  Municipal Association.

The AGM would be on 26^th May.  The venue was The Sound Café.  The Clerk had obtained  menus from them and forwarded them to the Secretary of the Municipal Association and given them to Mr Gunn in readiness for their Meeting. They had chosen the hot buffet and the price would be £17.50 per head.  The Association would confirm with the Sound Café.

The Clerk had contacted Dessie Robinson who was willing to give a slide show/talk.  The Association were to write to him.

The Association would be sending out the invitations and payment for the meals was to be in advance.

Mr Gunn, Mr Radcliffe and the Clerk confirmed they would be attending.  Mr Cain and Mr Tinkler were to let the Clerk know later.

r)  Allotments

The amended planning application had been before the Planning Committee on 10^th March and ‘refused’.  Port St Mary Commissioners were taking this to Appeal.  After consultation with the Chairman the Clerk had prepared RPC’s submission based on what had already been said

s)  Southern Healthcare Committee

Mr Tinkler was not present so there was nothing to report.

t)  Marashen Crescent

Mr Radcliffe reported that the revised plan for the new Marashen Crescent development had been shown to them and it was an improvement on the previous one.

u)  Rushen Ambulance

Mr Tinkler was not present to there was nothing to report.

v)  MNH nothing at present.

w)  Risk Assessment There was noting further on this at present.

x)  Land in front of Hillcrest, Cregneash.

Lease –  Mr Cain had tried to phone Mr Qualtrough but could get no reply and so presumed that he must be off the Island.

y)  Golden Jubilee Trust.

Event on 25th September.   Mr Radcliffe said that he would liaise with Arbory Commissioners’ representative.

z)  Ballakilley Working Party

A meeting would need to be arranged.

a) Unsightly Buildings and Land.

Mr Richmond had sent another email complaining about Level Inn House. Copied to Members  on 14/4.

The Clerk to reply that his email had been noted and that the Commissioners agreed that the situation whereby there was no time limit put on the completion of work being done under planning approval was unsatisfactory.

ab)  Sloc Sites & Seats nothing further at present.

Bench & Tree at Croit-e-Caley Green.

Mr Radcliffe had looked at picnic benches at Forestry Division and ordered one – which had been delivered to the Green.  It had not been fixed to the ground and the Clerk said she was worried that it could be stolen..

Mr Radcliffe indicated that he would fix it to a post.

ac)  Agricultural Rating. The Clerk had not yet contacted  the rating valuer again.

ad) Damage to Uplands.

It was not known if the work had been done yet but Mr Vernon said that he would have a look at the area to check.

ae)  Concert in Manx National Week.

Letter from Mrs Susannah Shimmin, The Howe.  ‘In view of the fact that the Manx Heritage Flower Festival decided that last year, their twentieth event, would be the final time that they would hold the festival, this year a group comprising local churches and chapels along with two MNH sites have decided to join together to promote a festival in the South of the Island.  Each venue is choosing its own theme for the week and The Howe Chapel has chosen ‘A Celebration of Manx Talents’.  As part of our activities during the Tynwald Week festival we shall be holding a concert on the Friday evening.  We were delighted to hear that Rushen Parish Commissioners were interested in joining with us in a joint venture celebrating local talent.  It has been suggested that a small committee, comprising Jane and Derek Cain along with Adele Parsons and the Rev. Chris Belfield, be given the task of organising the event.  We are the Howe Chapel wish to thank the Rushen Parish Commissioners for their offer to be involved in our concert ‘Celebrating Manx Talents’ and trust that they are happy to accept the makeup of the proposed committee.’

Mr Cain, who was on the Committee, said that this was progressing.  Mr Laurence Skelly would be handling the advertising.  RPC were agreeable to help in any way and it was agreed that the Chapel should keep all the proceeds from the Concert.

af)  Newsletter.

The Clerk had sent some items to the Chairman for the Newsletter.  He would progress this.

ag  Grass cutting contract.

David Cregeen had told the Clerk that he was going to have his brother in law working for him. She had asked if he would be insured to do RPC’s work.  He had subsequently confirmed that he was included on Mr Cregeen’s insurance and had sent a copy of the notification from the insurance company.

ah Proposed amalgamation of Rushen with Arbory.

Email from Arbory Commissioners.  Copied to Members 29/3.

‘My Commissioners have discussed this matter again at a Private Meeting.  There was not general support for further discussions with your Board, at this time, on the amalgamation of the two authorities.  It was however agreed that that discussion on the possible sharing of administration, if the opportunity arose, might be useful.’

This was noted.

ai)  Thousla Cross.

Ronnie Broadbent had, once again, painted and re-gravelled the Thousla Cross in time for Easter.  He had sent the bill for materials only – £28.  He said that when he was painting it the Lord Bishop stopped to comment that every time he visited the Sound the cross was well maintained and he thanked the Commissioners and him for looking after it.

A letter of thanks was to be sent to Mr Broadbent.

aj)  Disaster recovery plan.

The Clerk had received information from Doxbond regarding storing and archiving paperwork and she had ordered 10 boxes.  Unfortunately she had had no time to sort out important paperwork to be stored as she had been involved with the Census as Supervisor for Rushen.

ak)   Housing Conference 30^th March.

The Clerk had attended the Conference.  The men from Tolsons Partnership, who were the consultants on the Housing Review, which was underway,  said that they would welcome anyone sending them information/questions, not just those involved with local authorities/housing committees.

The man in charge of housing on Guernsey also spoke and some of what he was saying everyone found very interesting e.g. they charge commercial rents on their LA properties and people on low income can apply for rebates.  They do a means test every year to ascertain whether the people living in the houses aren’t earning too much.  They may give people notice to quit if they are.  They have housing associations on the Island and work with them.

Most people in the room were saying to each other why can’t we do something like that over here?

The Clerk had left at 2pm as there were to be ‘workshops’ in the afternoon and, as she had a bad cough, she did not want to take part in those as she did not want to spread germs.

She was thanked for attending.

al)  Consultation.  Public Health (Amendment) Bill 2011.

Received by email and copied to Members. The ‘attached’ document contained a copy of the Public Health (Amendment) Bill 2011, an explanation of each of the clauses and a copy of the impact assessment.      Views by 31^st May.

This was deferred from the March Meeting.       This was noted.

RESPONSIBLE FINANCIAL OFFICER’S REPORT:

The full financial report is available at the Office of the Clerk.

9.  CORRESPONDENCE

a)  1^st Supplemental List 2011. Noted.

b)  Voters List

In force from 1^st April 2011.     Noted.

c)  Consultation – on a Health and Safety Authority for the IOM.

Received by email and copied to Members on 4/4

The DoI intended establishing a Authority for Health and Safety – views by 13^th May.

This was noted.

Mr Tinkler arrived at the meeting – 8 35pm.

d)  Consultation – Proposed Moneylenders (Registration Fees) Order 2011.

Copied to Members 4/4.  Views by 16^th May.

This was noted

e)  Consultation – Office of Fair Trading.

Copied to Members 7/4. Proposed fee increased for :- licensing of Chapmen, licensing of Non-Resident Traders, testing of weighing and measuring equipment.  Views by 20^th May.

This was noted.

f)  Manx Classic Rally 2011 – Sloc Hill Climb 28^th – 30^th April.

Sloc Hill Climb to be held Friday 29^th April.  Roads closed from 9 15am – 4 30pm.  A36 Sloc Road north of its junction with B44 Ballakilpheric Road to its junction with D60 Dalby Lhag Road.  Access to and from Scard Farm and Lamode Farm to be maintained throughout the event.               Noted.

g)  Road Transport Licensing Committee.

Applications, Decision and Notices.                                   Noted.

h)  Tynwald Annual Report.

Copy received.    Noted.

i)  Children’s Week – 10^th – 16^th July.

The Children’s Centre co-ordinated the event last year and would be running it again this year.  Their aim was to encourage the local community to celebrate and engage with children.  They would like Commissioners to consider co-ordinating some sort of event or activity within their community.

The Clerk suggested a children’s sports in Ballafesson Playing Field.  Mr Radcliffe would ask the locals in the area if they would be interested in this.

j)  Three Legs of Man – Parade of Sail.

Douglas Bay Yacht Club in partnership with Merseyside Adventure Sailing Trust had been given the opportunity of delivering this Parade – a number of historic tall ships to sail from Liverpool to the IOM and onto Belfast.  They aimed to recruit 60+ young people 16 to 25 year olds from the Island to crew the tall ships.  There was a presentation to explain this on Wednesday 27^th April starting at 6pm at the Douglas Bay Yacht Club.

The Clerk was to inquire the cost of sending a young person on this.  The Thousla Cross Trustees may be interested in sponsoring a young person if he cost was £400-£500.

k)  consultation – Town and Country Planning (Development Procedure) (Amendment) Order 2011. Views by 20^th May.   This was noted.

l)  IOM Marine Plan: Securing a Sustainable Future. A workshop would be held as part of the Energy Expo 2011 at IOM College on 7^th May at 11am.

PLANNING MATTERS:

10.  PLANNING APPLICATIONS

a)  11/0378.  Rose Cottage, Surby Road, Surby. Mr & Mrs Ennett. Amend use to include tourist accommodation.  Residential use over winter (off season) and tourist use over summer months.

No objections.

b)  11/0391.  3 Viking Close, Ballakillowey. Mr & Mrs Buchleitner. Demolition of existing timber framed sun lounge and replace it with enlarged traditional sun lounge.

No objections.

c)  11.0319.  Footprints, 12 Christeens Way, Ballakillowey Estate. Mr & Mrs Grounds. Erection of a roof extension and extension to the rear to provide additional accommodation.

No objections.

d)  11/0440.  Lhiondaig Cottage, Croit-e-Caley. A Wilson (Hants.) Replacement of front door and frame using similar materials as per attached brochure page.

No objections.

e)  11/0480.  Field No 411497, Ballakilley Farm, Church Road. Mr & Mrs Jamieson. Creation of three ponds with associated culverts and landscaping.

No objections.

f)  11/0481.  Lingague Farm Cottage, Ballakilpheric Road, Mr & Mrs R Kerr. Replacement dwelling and free standing garage.

No objections.

g)  11/0541.  Field 414206, Ballakilley, Castletown Road. Mr J C Morris. Erect agricultural building 9.144m x 13.76m for the storage of tractor, rotavator, grass cutting equipment, trailer and other agricultural tools and machinery.  An area of the building to be allocated for the processing and storage of the fruit and vegetables from this site.  Construct a 3metre wide road constructed of hard core and topped with granular material, from gate entrance to agricultural building.

The Chairman, Vice-Chairman and Clerk had met Mr Morris at the field, at his request, prior to him sending in his planning application.  They had advised him to consult with DEFA regarding the need for a shed for horticultural purposes.

There was no information included with the application regarding consultation with DEFA.

Members considered the plan and questioned the need for this shed at present.

11.  PLANNING APPROVALS

a)  11/0193.  ( Carrick Bay View, Ballagawne Road. Mr & Mrs Hewett. Erection of sun room extension.       Decision – Director of Planning.   Issued  23^rd March 2011.

12.  PLANNING REFUSALS

a)  10/1800.  Robin Hill Farm, Cronk y Dhooney, Ballakilpheric. Mr & Mrs MacQuillan.

Approval in Principle for erection of a dwelling to replace existing redundant shed.

Reasons for Refusal – 1.  The site is not designated for development and in the emerging Southern Area Plan, the following advice is provided in respect of Cronk y Dhooney:  Whilst a small number of additional dwellings could be added without visual detriment to either the group or its setting, the group is not sustainable, is served by a poor access road, and is not distance enough from Colby to generate a valid local need for housing.  Additional dwellings are not therefore proposed.”  Whilst provision is made within the Strategic Plan for  the redevelopment of previously developed sites this specifically excludes buildings which have previously been used for agriculture, which is the case here.  In addition, approval of this application could be used as a precedent for the redevelopment of other similar buildings in the vicinity – Cronk y Dhooney and Ballakilpheric Farms in this unsustainable location.  As such the proposal is contrary to the provisions of General Policy 3 and Environment Policies 1 and 2 of the Strategic Plan.

Decision – Senior Planning Officer.   Issued 28^th March 2011.

13.  PLANNING APPEALS

APPEAL AGAINST REFUSAL.

a)  10.1815.  Allotments, Mount Gawne Road. Port St Mary Commissioners. Erection of 25 sheds.  The appeal was against refusal for the sheds.

8 collated sets of RPC’s submission had to be received by the Planning Appeals Administrator by 5pm on 14^th April.  The Clerk had sent in the submission based on what Members had already said and after consulting with the Chairman.

APPEAL REQUESTED:

b)  10/1800. (in principle)  Robin Hill Farm, Cronk y Dhooney. Mr & Mrs MacQuillan. Erection of a dwelling to replace existing redundant agricultural shed.

The Appeal was to be considered on written submissions only.  Submission to be sent by 9^th May.

The Clerk pointed out that Members may want to consider supporting this application (re Southern Area Plan) as they had thought that there could be a few additional dwellings there without causing any problems.  In the application the new dwelling was proposed to be set back in the lane as the shed was thought to have been built too far into the lane.  This would make it easier for the binman.  However, there was also the possibility that if this shed was knocked down they may want to build another one in one of the fields which may cause problems to other residents.

Members discussed this and they were of the opinion, with regard to this and the Southern Area Plan, that to build some housing in the countryside would make it more sustainable.  Mr Gunn pointed out that the Southern Area Plan (which has been quoted in the Refusal) was still only a draft documents and not a definitive guide.

It was agreed that RPC would support the Appeal for the above reasons.

14. COMPLETION CERTIFICATES

a)  97/7366.  Sandpipers, Ballagale Avenue, Surby.  (sent to Port Erin Commissioners)  Mr C Cook. Alterations and extensions.    Issued 16^th March 2011.

15. OTHER PLANNING MATTERS

Mr Morris, Truggan Close phoned the Clerk about the Triangle Field, by the Amenity site.  He had bought it and wanted to put a shed there (see 10 g) above)  Planning told him to contact RPC as a matter of courtesy.  He intended growing apple trees and making cider and he could need a shed for a tractor and equipment.  DR, DC and GK met him at the field.

16 ANY OTHER BUSINESS none.

18.  DATE OF NEXT MEETING Wed.18^th May 2011.

This part of the meeting closed at 9 30pm.

Meeting held at 7pm on Wednesday 16^th March 2011 at Ballafesson Hall.

MINUTES

Present: Mr D Radcliffe (Chairman), Mr D Cain (Vice-Chairman), Mr P Vernon,

Mr P Gunn.   Mr A Tinkler arrived at 7 20pm.

1.  MINUTES:

The Minutes of the Meeting held Wednesday 16^th February, having previously been circulated, were taken as read and agreed a true record.

2.  MATTERS ARISING:

a)  Southern Area Plan.

The Clerk had prepared the submission in conjunction with the Chairman and had sent it in as a Word document rather than on handwritten on the ‘official document’.  This was emailed to the Chief Secretary’s Office before the closing date, asking for confirmation of receipt, which had been received by email.

Public Inquiry. There had an advert in the papers regarding the dates for this.  The appointed Inspector had decided that there would be a Pre-Inquiry Meeting on 27^th April starting at 9 30am at Morton Hall, Castletown. The advert stated that ‘This is not arranged to discuss the merits of the proposals contained within the Area Plan for the South but to :

(85)  Outline the procedures to be followed at the Inquiry

(86)  Discuss the programme for, and how the evidence is to be presented at, the Inquiry

(87)  Facilitate the submission and exchange of any additional professional and technical

(88)  To encourage those with common cause to consider working together to present their case’

The Public Inquiry into the Area Plan for the South would commence on Wednesday 6^th July 2011 at a venue to be announced later.  The following dates had been set aside for the Inquiry but would only be used if necessary:

Wednesday 6^th July 2001 – Friday 8^th July 2011

Monday 11^th July – Friday 15^th July 2011.

Monday 18^th July 2011 – Friday 22^nd July 2011.

Note – the above was contained in a letter sent to Rushen Parish Commissioners at Arbory Commissioners’ address and started – ‘Dear Rushen Parish Commissioners Ronague’ It was sent by Andy Johnstone, Planning Appeals Administrator at the Chief Secretary’s Office.

Arbory’s Clerk had emailed it to Rushen.   The Clerk  emailed Mr Johnstone pointing out their error and her concern that he had either combined Rushen and Arbory or completely missed Rushen out and that she was also concerned that he had not therefore dealt with Rushen’submission.  A reply had not been received from Mr Johnstone.

All Members hoped to attend the Inquiry.  The Clerk and Chairman would be attending the pre-inquiry and some other Members indicated that they may also attend.

Ballakilley Working Party. –  There had been a meeting with the Ballakilley Working Party on Tuesday 22^nd Feb.  Messrs Radcliffe & Gunn were there for Rushen, Mr Unsworth for Port Erin and Mrs McCabe for Port St Mary.  The Clerk had given them all a copy of the Ballakilley part of Rushen’s submission as a basis to work on.  Views were given and the Clerk had prepared the submission which she had also emailed in on the word document.

b)  DoLGE/Local Authority Issues:-

Local Government Review – nothing further on this.

c)  Dept. Infrastructure

Informal Leisure Places.    Nothing further.

d)  Waste Management and Refuse Collection

Refuse disposal cost increase – this would take effect from 1^st April.

Bad Debtors –   Small claims court.

Refuse Collection  –

Sound Café, Recycling ‘bring-banks’ – Croit-e-Caley.

.e)  Lighting/MEA.

Ballakillowey  roundabout/Ballagawne Road scheme.

The roadworks were now in progress.  Mr Vernon had been speaking to one of the MEA workers who had told him that the light for the roundabout was gong to be positioned on the opposite side of the road to which RPC had given as their preference.

g) Carrick Bay View. Nothing further.

Mr Tinkler arrived.

i)  Hedges

High Hedges:- nothing at present.

Other hedges – email from Juan Watterson – copy RPC in to one from Mary Gerrard. This email was about briars and branches protruding from ‘almost every hedge on the Island’.  Also complaining about the hedges on the road to The Sound being overgrown and with briars.

The Clerk said that she had been to the Sound and had not seen any overgrown hedges, only the odd briar.  It was agreed to note this.

j)  Traffic matters – Department of Transport and other DoT matters.

Mr Vernon and the Clerk had attended the Traffic Meeting on 2^nd March.  Phil Gawne, Minister for DoI was also in attendance.

Ballafesson Road – speed roundels.  The Clerk had received a plan showing the suggested positioning of the roundels, which had been forwarded to Members.  RPC had suggested that they be moved further down the road towards Port Erin, near Cronk ny Mooar as vehicles were speeding there and also because they could be concealed by parked cars further up the road.

Ballachurry Corner – nothing done re the standing water but the workforce had been busy with repairing roads.

Plantation Hill. – Danger to pedestrians, etc on hill Nothing further.

Speeding on Howe Road – The new speed limit had come into force on 14^th February.  The 40mph signs had been put in.  The other signs which would include ‘The Howe’ would be put in at a future date.

Civic Amenity Site lines and signs. Nothing further.

The Level -   nothing.

Glen Chass – sharp corner & turning circle.  – The signs and bollard had been installed but the ‘Cul de Sac’ sign in the turning circle had not been done.

‘Speeding’ on Old School Road This was to be kept under surveillance.

Croit-e-Caley - traffic speeding.  This was brought up again and DoI were to do a speed count, once the works at Ballakillowey roundabout were finished.

Other DoT matters:-

Glen Chass Road – narrow corner. Nothing further.

ALSO -  Kerbstones at Ballnahowe. Complaints had been received about speed on that road, especially around the blind corner.  Traffic were investigating – email from Hugo McK.

Mr Cain  reported that there had been some concrete put alongside the edge of the road there.

30mph sign near Ballachrink, Surby. This had been reported.

Junction of Shore Road and Castletown Road; Amenity Site access safety; large van parked near level crossing. Nothing further on these.

k) Police

The Clerk had attended the Meeting on 3^rd March. Inspector Neely was there – he had just started as the new Inspector for the South.  He asked if Members agreed with the present format of the Police Report and would they like anything put in it?  It would be published soon – possibly sent with the Rates.

There was only one crime reported in Rushen for the month – a horse box damaged at Ballagill, Croit-e-Caley.

l)  Litter, beach cleans, dog fouling, etc.

It was hoped that the article requesting interest from clubs/organisations in cleaning the beaches would be in the paper shortly.  The Chairman and Clerk were to write this.

Fleshwick sign.   On order.

Dog bins – A phone call and email had been received from a woman angry that there were so few dog bins in Rushen.  She said she walked her dogs along the Shore Road and Mount Gawne Road and the main road from Colby into Port Erin ‘there is 1 bin at the top of Beatons Lane and the next one is not until Droghadfayle Road.’    The Clerk had explained to her where all RPC’s bins were situated and that one would be put up on Carrick Bay View and one over from the Ballakillowey roundabout when the roadworks were finished.

m)  Ballafesson Playing Field,    Car Park, The Howe, Signs:-

Swing, Matting – Mr Radcliffe and Mr Cain were now to progress this.  The Clerk was to order the matting.

Car Park Mr Cain was to find out who owned the boat and trailer which had been left in the car park.

Signs – The sign for The Chase, Ballakillowey.  The Clerk had inspected this again and it was found that the sign could not be re-used as it had been welded to the frame.  She had ordered a new sign which could be clipped onto the new poles.

n)  Web Site

The Clerk was to email the January Minutes to Mr Vernon.

o)  Southern Civic Amenity Site

Their Clerk had emailed a copy of the site newsletter.  This had been given to all Members.

This was found interesting and some information from it was to be put in RPC’s Newsletter.

p)  Southern Swimming Pool

Mr Radcliffe said there was nothing new to report.

q)  Municipal Association.

The AGM would be on 26^th May.  The venue was to be chosen by RPC as hosts and it was agreed that the Sound Restaurant would be suitable as there should be enough room for everyone to be in the same room.  The Clerk had been to the Sound Restaurant to check on the seating and to discuss the date, etc and had reserved the 26^th May.  Mr Dessie Robinson was to be asked if he could give a talk about the Calf and the area in general.  Mr Gunn would report to the next Association meeting.

r)  Allotments

The amended planning application had been before the Planning Committee on 10^th March.    Recommended by the Planning Officer for ‘refusal’.   This is reported in 12. Planning Refusals.

Rushen’s submission (20^th January)  was – ‘Rushen Commissioners would agree with the erection of no more than 25 sheds.  However, it is noted that the plan does not show exactly where they will be situated only that there may be up to 25 sheds somewhere on the allotments site.  With regard to the proposed shed as pictured in the amended plan it is now noted that this is only a sample of a shed which may or may not be what would be erected (which was indicated to RPC at a meeting held with the Society and Port St Mary Commissioners).  It looks like a cheap ‘overlap wood’ B & Q shed.  The Commissioners have concerns about whether this type of shed would stand up to the wind on this exposed site.  There have been indications from the representatives of the Allotment Society that some of their members have been looking into purchasing stronger sheds from the Forestry Division which are made of 3×2 timber.  However, that is not what is indicated in the planning application.  The Commissioners are of the opinion that the sheds must be of a robust quality and of uniform appearance as far as possible.’

s)  Southern Healthcare Committee

Mr Tinkler said that there was nothing to report at present.

t)  Marashen Crescent

Mr Radcliffe reported that the Marashen Crescent Board had been shown the architect’s drawings for the new dwellings at Marashen Crescent  which were due to be built once the old part had been demolished.  They had been unimpressed with them.

u)  Rushen Ambulance

Mr Tinkler said there was nothing to report.

v)  MNH .nothing further.

w)  Risk Assessment Nothing further at present.

x)  Land in front of Hillcrest, Cregneash.

Lease –  Mr Qualtrough had not done this yet.

y)  Golden Jubilee Trust.

This had been mentioned at the Police Meeting.  They were hoping that there would be two teams from the South.  The Event would be on 25th September.

z)  Ballakilley Working Party

Meeting – as reported earlier – this was held on 22^nd February.

a) Unsightly Buildings and Land.

Nothing further at present.

ab)  Sloc Sites & Seats

Bench & Tree at Croit-e-Caley Green.

The Clerk had arranged for the Water Authority and MEA to mark if there were any services under the Green.   There is no electricity but there is water running right down through the middle.  She had spoken to the man who came to look at it and he did not think it a good idea to plant a tree there.

Mr Radcliffe had spoken with him later in the week and was asked to give them an idea of what sort of tree and where it was to be positioned.

Mr Radcliffe had purchased the tree- a copper beech – and had planted it.  Juan Hatton, a resident of the area, had helped him do so. There was to be a plaque placed by it for which the Clerk was to obtain prices.

It had been suggested that another bench be situated there also and Mr Radcliffe was to DEFA and purchase a picnic type table and bench.

Tom the Dipper’s.  Mr Cregeen was to be asked to cut back the gorse which was growing over the bench.

The Sound.  Mr Vernon had been to the Sound and had noted the names on the seats which were situated by the banking and put them on his list.

ac)  Agricultural Rating.

The Clerk was to contact Mr Grubb at the Treasury again.

ad) Damage to Uplands.

Reply received from Highways.‘Work is due to start on the Carnanes Track at the beginning of March.  Stephen Christian will be carrying out the works.  These works will include ditching and marking out the track with posts.’

Members were in agreement that the tracks should be fixed in a way that they could be used.

ae)  Shore Hotel – septic tank .

This had now been done and would be taken off the Agenda.

af)  Concert in Manx National Week.

Mr Cain reported that there had been a meeting at The Howe Chapel and the residents had agreed that they wanted to hold some sort of event now that the Island’s Flower Festival would not be held.  They would like to hold a concert on Friday 8^th July and to involve RPC in the organisation.  Mr Cain would be part of the organising group.

ag)  Newsletter.

Mr Radcliffe was progressing this.

ah  Grass cutting contract.

Mower. The cheque had been received from the Auctioneers  – see ‘Revenue’

ai  Proposed amalgamation of Rushen with Arbory.

The Meeting was held on 23^rd at 8pm at The Halle, Ballabeg.  Mr Lowey, Clerk of Arbory had made a Report on this as the Clerk had been late arriving due to attending a training session for the Census. Members had all been given a copy of this.

Arbory Commissioners were to discuss the matter at their meeting and subsequently to contact RPC.

Mr Cain said that this needed to be progressed and the two Boards must keep talking.

al)  Thousla Cross.

The Clerk said that the remaining stock of Meayll Peninsula booklets, which were sold to raise funds for the Trust, had rusty staples and there would be complaints if they were sold.  This had happened to some previously and the centre pages had to be reprinted and restapled.  There was also the opportunity of reprinting it.

am)  Disaster recovery plan.

Mr Tinkler offered to contact Doxbond with regard to the costs and running of their document storage facility.

n)  Quarry Car Park, Cregneash.

The motorhome was still there but as the car park was not the responsibility of RPC this was to be taken off the Agenda.

ao)   Housing Conference 30^th March.

The Clerk was to attend this.  Lunch would be £16 50 per person and an invoice would be sent prior to the event.

ALSO  Housing Review.

The Clerk had not received any views from Members to be submitted.

Ap)  Night Shooting of Rabbits.

Reply to comments on the consultation.  Received by email and copied to Members.

RESPONSIBLE FINANCIAL OFFICER’S REPORT:

This is available in the Minutes held at the Commissioners Office.  Please contact the Clerk.

9.  CORRESPONDENCE

a) Carole Sutherland, Local Government Unit.

Email from Carole Sutherland regarding her retirement as Local Government Unit Manager towards the end of March.

A letter was to be sent to her thanking her for the help she had given and wishing her well in her retirement.

b)  Civic Sundays.

Michael Commissioners – 10 30am Sunday 20^th March at Michael Parish Church.

No Member indicated they would attend.

Patrick Commissioners – 10 30am Sunday 17^th April at Patrick Parish Church.

Mr Tinkler said that he would attend this.

c)  Easter Athletics Festival.

Letter from D Ronan informing RPC of the Good Friday Road Race  – the “Great South Run” course starting in Port Erin.  Any input from RPC would be welcome.

This was noted.

d)  Consultation.  Amendments to the Manx Agri-Environment Scheme.

DEFA were proposing to amend the scheme. Received by email and copied to Members.

Closing dates for responses is 15^th April.

Mr Cain said that this changed the existing grants and qualification quite a lot as DEFA now had less money to spend.

No views were to be sent.

e)  Consultation.  Public Health (Amendment) Bill 2011.

Received by email and copied to Members. The ‘attached’ document contained a copy of the Public Health (Amendment) Bill 2011, an explanation of each of the clauses and a copy of the impact assessment.      Views by 31^st May.

This was to be discussed at the April Meeting.

f)  consultation  – Constitution of the Isle of Man Office of Fair Trading.

Received by email and copied to Members.  Any views to be sent by 27^th April.

This was noted.

g)  Employment Law Update.

Received by email from Economic Development – forwarded to Members. They are proposing to modernise the existing work permit law.        This was noted.

h)  Mayor of Douglas’s Variety Concert – ‘Broadway & Beyond’ Sat. 26^th March.

Invitation to Chairman – 2 complimentary tickets received.  This was being held at 7 30pm on 26^th March in the Royal Hall, Villa Marina to raise money for ‘Craig’s Heartstrong Foundation’ and ‘Kemmyrk’.

Mr Radcliffe indicated that he and his wife would be attending.

i)  Royal Wedding – street parties.

Email received from Highways and copied to Members. Information on the process for holding a Royal Wedding Street Party.    This was noted.

j)  Road Transport Licensing Committee. Applications, Decisions and Notices.  Noted.

k)  Reception for New Lieutenant Governor.

Mr Radcliffe said that he, as Chairman, had received an invitation to a Reception for the new Lieutenant Governor.  As this would be in the afternoon it would mean that he would have to lose a day’s wages.  Mr Tinkler said that he would attend if Mr Radcliffe did not want to.

PLANNING MATTERS:

10.  PLANNING APPLICATIONS

a)  11/0193.  9 Carrick Bay View. B & A Hewett. Sunroom extension to two storey house – on existing patio area.

No objections.

b)  10/1099.  Field 411371, Ballanard House, Ballnahowe. J & F Holdings Ltd. Amended Plans.  These showed the stable block in the position which the architects asked Members to have a look at last month.

Members considered that this was still too large but it was noted that it had been re-located closer to the main buildings.

c)  11/0267.  19a Odins Way. Ballakillowey Estate. Mr D Ward. Demolition of existing garage and construction of additional habitable room to existing bungalow.    No objections.

11.  PLANNING APPROVALS

a)  11/0113.  Ballaman, Ballnahowe. Cheeseden Investments Ltd. Alterations and extension to storage building to create a helicopter hangar and store (comprising amendments to Pas 09/0293, 09/1988 and 10/0907.

Conditions include – 3.  The hangar and landing pad may be used only for purposes incidental to the occupation of Ballaman, within the defined site and may not be used for general commercial purposes.

Decision – Senior Planning Officer.      Issued   1^st March 2011.

12.  PLANNING REFUSALS

a)  11/0036.  Footprints, 12 Christeens Way, Ballakillowey Estate. Mr & Mrs N Grounds.

Alterations, erection of a roof extension and extension to rear of dwelling.

Reasons for refusal – 1.  Whilst the single storey rear extension and the raising of the ridge level of the dwelling are considered to be acceptable, the introduction of the rear dormer will provide a view over and towards the properties to the rear – 6 The Chase and Longridge such that the privacy available to those within the properties themselves and the rear, private gardens would be adversely affected.  As such, it is considered that the proposal is contrary to the provisions of GP2g.

Decision – Senior Planning Officer.   Issued – 21^st February 2011.

b)  10/1815.  Allotments, Sand Field, field no 1540, Mount Gawne Road. Port St Mary Commissioners. Erection of 25 sheds (re-advertised due to additional information received).

Reasons for Refusal – 1.  The previous application for a greater number of sheds and greenhouses was refused on appeal for reasons relating to the adverse visual impact of the proposed structures and it was suggested that a smaller number of communal sheds and greenhouses was the appropriate way forward.  Whilst the number of sheds has been reduced, and there are no longer any greenhouses proposed, the number and location of the sheds does not relate to attempting to reduce the visual impact and if the application were approved, there would be little to resist further sheds, leading to the situation of the previous application which was refused.  Many of the proposed sheds are still on the highest part of the site and visible from Mount Gawne Road which is the closest public vantage point into the site.  As such the proposal is considered to have an adverse visual impact and does not overcome the previous reason for refusal in relation to PA 10/0468.

Decision – Planning Committee.

13.  PLANNING APPEALS none

14. COMPLETION CERTIFICATES

a)  10/7627/OTH.  Shore Hotel, Shore Road. Rushen Eco Energy (applicant).  Replacement drainage and new pump station, Shore Hotel.        Issued 9^th March 2011.

15. OTHER PLANNING MATTERS none.

16 ANY OTHER BUSINESS

a)  Sports Hall, Rushen.

Mr Tinkler reported that he had been talking to Juan Watterson MHK about this and the hall in Rushen would be the first to be built.  However, this was dependent upon community support.

18.  DATE OF NEXT MEETING Wed. 20^th April 2011.

The Meeting went into Private Session at 9 20pm.

RUSHEN PARISH COMMISSIONERS – THOUSLA CROSS TRUST

Meeting of Trustees  held Wed. 16^th March 2011, Ballafesson Hall.

MINUTES

Present: Mr D Radcliffe, Mr D Cain, Mr A Tinkler, Mr P Vernon, Mr P Gunn.

1  MINUTES. The Minutes of the Meeting held Wednesday 16^th February, 2011, having previously been circulated, were taken as read and agreed a true record.

2.  MATTERS ARISING

a)  Arbory School

The cheque for £100 had been sent to them and a letter of thanks received.

3.  FINANCIAL MATTERS balance as at 11^th March 2011.

Current account           258.58

Reserve account        1,832.41

4.  CORRESPONDENCE none.

5.  ANY OTHER BUSINESS

Board with Chairman’s names. As this would be a Thousla Trust project, it was to be put on the Agenda for the April Meeting.

AS there was no further business the meeting closed at 9 45pm.

6.  DATE OF NEXT MEETING:  Wednesday  20^th April 2011.

Meeting held 7 30pm Wednesday 17^th February 2010 at Ballafesson Hall.

MINUTES

Present:- Mr P Gunn (Chairman), Mr D Radcliffe (Vice-Chairman), Mr D Cain,

Mr A Tinkler.

Apologies: Mr P Vernon, who had leave of absence.

1.  MINUTES

The Minutes of the Meeting held Wednesday 27^th January 2010, having previously been circulated, were taken as read and agreed a true record.

2.  MATTERS ARISING

a)  Southern Area Plan.

Mr Radcliffe and the Clerk had spent most of the day after the meeting preparing this submission as it had to be received by DoLGE on the Friday. The Clerk had hand delivered it to Murray House.  All Members had received a copy.

Mr Radcliffe and the Clerk were thanked for all their work in preparing this.

The Clerk had finally received the information about the areas of land which had been requested by the owners for inclusion but rejected by DoLGE.  She had made copies for the Chairman and Vice-Chairman and this had been passed on to the other Members.

Mr Radcliffe’s brother had put forward two fields of his for consideration so he declared an interest in parts of the Southern Plan which may be affected by that interest.

The Clerk asked if the Members wanted to put any further views regarding these parcels of land but they agreed that they would wait until either the next stage or the Public Inquiry as it was felt that the owners of the land would be appealing against the decision to leave them out of the Draft Plan.

b)  Estimates 2010/11

The Clerk had informed DoLGE that the Rate for 2010/11 would be 67p in £ plus £10 ‘per household’ charge.   She had also mentioned it to the Examiner and Manx Radio.

The £29 refuse charge increase was going before Tynwald on Tuesday 16^th – not as part of DoLGE’s budget but as an individual item.

c)  DoLGE/Local Authority Issues:-

Report of COMIN on the Review of the Scope and Structure of the IOM Government – January 2010.

Proposals received which Tynwald Members would be asked to vote on at February Tynwald.

Seven of the nine Departments would be dissolved on 31^st March and replaced by new Departments.  DoLGE would disappear and local government would be under Department of the Infrastructure but waste management, environmental protection, environmental health would all be under the Department of the Environment.

1. Corporate Governance Principles and Code of Conduct.

Record of Members’ Interests.

2. Changes in Revenue Sharing Agreement

Nothing further received.

3.   Auditors

PKF – The Clerk and Ian Lowey, Clerk of Arbory would be seeing someone from PKF at the end of March.

The Clerk had received a letter of request to be signed to enable PKF to access RPC’s bank accounts.  The Chairman and the Clerk had signed the letter.

d)  Waste Management and Refuse Collection

Bad Debtors – the Clerk had not written to them yet but would do so within the next few days.

Port Erin Commissioners – Joint Meeting on 25^th Feb. Mr Tinkler said that he would attend with the Clerk.  They were to attend to ‘observe’ what was being discussed.

Wheelie Bins – they had arrived and the invoice received from Patrick Commissioners.

e)  Lighting/MEA.

Ballakillowey  roundabout/Ballagawne Road scheme.  Nothing further.

Light RN051 – Ballafesson ‘road to Fleshwick’.  Light beyond repair.  Arm and cast iron box were in a bad state due to corrosion.  Replacement arm and fitting and rewire – £560 + vat.

It was agreed that this should be replaced.

g) Carrick Bay View.

Carrick Bay View – nothing further on the ‘purchase’.

Plot between pavement and road – DoT had dug out all the plants and had put more plants in – instead of just grass.  This plot is DoT’s responsibility and it was hoped that it would be kept tidier than in previous years.

i)  Hedges

High Hedges:-

Dragonscroft Honna Road/Tynewydd, Mill Road.

j)  Traffic matters – Department of Transport.

Next Meeting Wednesday 24^th February.  The Clerk would be attending and she was to bring up the various items for Rushen which were already on the Agenda.

Ballachurry Corner – There had been complaints about this.  Members had looked at it and they felt that part of the corner had been built out too far into the road.  The paint markings in the road were also confusing for drivers.  DoT were to be asked to monitor it.

Rushen School  – Although work had started the scheme still had not been finished. RPC had been told that once it started it wouldn’t take long to complete.  The Clerk was to query this.

Castletown Road & junction. This was believed to have been completed.

Plantation Hill.  There had been complaints that traffic was still going too fast on this hill and there had been near-accidents.  The speed limit was 30mph  and the Clerk asked if it should be requested at 20mph.  This was to be discussed at the meeting.

Civic Amenity Site. There was still no mention of a site meeting regarding speed on the road and other matters.

Ballakilpheric  nothing further.

The Level nothing further.

Glen Chass – sharp corner & turning circle. Mr Cain reported that nothing had been done yet.  He also said that there should be a cul de sac sign on the Chasms Road as vehicles were driving out there and getting into difficulties.  The Clerk was to ask what progress had been made.

k) Police

The Clerk had not been able to attend the meeting on 28^th January due to preparing the Southern Plan submission. The next one would be Thurs 18^th and the Clerk would be off-Island.  Mr Radcliffe was to attend.

Southern Communities Partnership Plan 2010/2011.  Letter from Inspector Musson.  New policing year would start on 1^st April.  The partnership had been going for 5 years.  The detection rate compared to the previous year’s high was slightly down – approximately 47% of all recorded crime was solved.  There had been a reduction in recorded crime – this year it could be a reduction of 17%.  The policing plan 2010/11 will be produced in March and would reflect issues in the local communities.  He asked what issues most affect RPC’s area of responsibility.  The plan would be distributed with the rates.

Members felt that there were no problems at present.

Police Consultative Forum 4^th Feb, 7 30pm at Castletown Civic Centre.  No representatives from Rushen Commissioners had attended.

l)  Litter, beach cleans, dog fouling, etc.

As it was not long until Easter the possibility of having a beach-clean was discussed.  Colby Football Club were to be asked if they would be interested in doing this for a donation.  The Clerk to write to Dickie Gale or to the Chairman, Mr K Skinner.

m)  Ballafesson Playing Field,    Car Park, The Howe:-

The Clerk said that the Commissioners’ mower would not cut the grass low enough and, not having a collector on it, the grass was getting very thick and hard to cut.  Mr Kelly had said that it needed cutting down very low at the start of the season with the grass being taken away.  The mower may then cope with it a bit better.  It was agreed to ask Port Erin Commissioners if they had a mower which would cut very low and which could be borrowed.

n)  Web Site

o)  Southern Civic Amenity Site

Site Report 2009 received and copied to Members.  This was noted and there was a short discussion on staffing matters and, in particular, the week-end workers.

It was also noted that Board Members were due for re-election in May.

p)  Southern Swimming Pool

Mr Radcliffe said there was nothing new to report.

q)  Municipal Association.

.Advertising in the Countryside – the Association had concerns about advertising in the countryside and they were to discuss this.  They had forwarded some information which the Clerk had copied to Members at the request of the Chairman.

The next Meeting would be on 25^th February.

r)  Allotments Nothing further.

s)  Southern Healthcare Committee

Mr Tinkler, as Secretary to the Committee brought along a copy of their latest Minutes for Members to look at. The AGM would be held on 27^th February.

Mr Tinkler said that he had been asked to write to the Secretary of the Rushen Ambulance Committee to ask why they had not had an AGM for two years.  Members were puzzled at this as they understood that there had been one in 2009.  Mr Tinkler would report back on this.

t)  Marashen Crescent

Mr Radcliffe reported that they had a short list of contactors for the work on the approved apartments.  With regard to the older part of the Marashen Crescent elderly people’s dwellings, DoLGE had approved that these be demolished.

u)  Rushen Ambulance

.Mr Vernon was not in attendance.

v)  MNH nothing at present.

w)  Risk Assessment

Now the weather should be improving the Clerk said she would arrange for the steps to be put in at Tom the Dippers.  She had felt it too dangerous to do it in wet weather as the sloping land could become quite slippery. She hoped it would be done before Easter.

x)  Land in front of Hillcrest, Cregneash. Nothing at present (actual ownership not known)

y)  Golden Jubilee Trust  Mr Radcliffe said that there was nothing on this at the moment.

z)  Chain of Office and Board for hall with list of all past Chairmen.

Chain of Office –  letter from Jeweller (RHS Jewellers) – who had been asked to provide an Insurance Valuation.  He had written to say that he could not now find the paperwork on his computer and asked for an appointment for him to call and redo the valuation in situ.

It was agreed that another jeweller, Charles Alexander, should be asked if they could value the Chain and Pendant and then the Chairman could bring it in to them.

Past Chairmen.

aa)  Ballakilley Working Party

The Clerk had compiled the submission and asked Members of BKWP to make alterations/additions.  The final document had been sent in on 9^th February 2010.

ab)  Addresses in Rushen.  & 30 & 31 Christeens Way.

Christeens Way – erroneous addresses in the Electoral List.  The Clerk reported that she had written to MEA pointing out that RPC had requested that the data bank which the MEA compile for use by Government and other agencies should be changed to revert to the addresses 30 & 31 back from Odin’s Way to Christeen’s Way.

ac) Flooding at Surby. Nothing further.

Ad)  Housing

The Housing Conference would be held on March 5^th.   The Clerk to attend.  Notice had been received that the lunch would have to be paid for by those attending – the cost was £18 with £15 being paid by the local authority.

ae)  Flooding on Ballachurry Road.

The Clerk had written to DoT and acknowledgement had been received but nothing further.

The Clerk was to write to Mr Hannay again to ask if anything was being done.

af)  Glen Chass – narrow road

Letter from Jim Davidson. ‘I apologise for not reporting back to you following my discussion with Mr Maddrell.

The remainder of this was dealt with in private session as it was felt advisable to do so as certain figures were mentioned and it was regarded as a private matter.

However, it was agreed to write to DoT again as this corner was regarded as dangerous and a problem to larger vehicles, especially the bin wagons.

ag)  Contribution to Port Erin Commissioners finances

No letter of thanks for the £850 cheque received from Port Erin Commissioners yet.

Ah) Natural Gas Pipeline.

Mr Radcliffe said that there was nothing to report on this.

RESPONSIBLE FINANCIAL OFFICER’S REPORT:

This is available for inspection at the office of the Commissioners.

7.  AUDIT OF ACCOUNTS 08/09.

The Clerk’s Contract of Employment.

Mr Tinkler had spoken to Moore-Stephens the previous day and he was to bring a copy of the Clerk’s original contact together with the update for them to review.  The Clerk would make a copy for him.

8.  CORRESPONDENCE

Bus Network Review Consultation

‘In October 2008 the DTL commenced a review of the bus network (last reviewed early 1990’s).  A subsequent review undertaken around 10 years ago proposed a radical change of the network that would have considerably increased the cost of operation and was not implemented.  During the last 20 years there have been considerable changes in demand which have been dealt with by amending the existing network.  The Review is to consider the bus network fit for purpose.  The outcome of the review is available at http;//www.gov.im/consultations.gov’  Comments by 12^th March 2010.

Mr Radcliffe had looked through this and it was agreed that he would give his comments to the Clerk to be submitted before 12^th.

Marine Events February – March

Various events including Presentation in Port Erin about Marine Protected Areas – 8pm Friday 26^th Feb at Erin Arts Centre, including update on DAFF’s Manx Marine Nature Reserve Project.

Several Members indicated that they would try to attend.

Unsightly Buildings and Land. Local Government (Misc. Provisions) Act 1984, Section 14; and Building Control Act 1991, Section 24.

Letter from CEO – DoLGE

‘The Department has for some time been reviewing the enforcement of the above legislation and, as a consequence, has produced a new procedures booklet which is intended to assist all Local Authorities enforce the relevant legislation.

The booklet includes examples of various standard letters which, hopefully, your Authority will consider using in the future as this will ensure a standard approach throughout the Island.  From our experience, if prosecution is necessary, then the use of such letters will also serve as an audit trail of action which could help secure a successful prosecution.  You will note that the letters are designed to deal with various degrees of “unsightliness” ranging from minor unsightliness to those cases where more formal action may be required.

The Department believes that “unsightliness” is a local issue that is best dealt with at a local level and that Local Authority officers are more that capable of dealing with such complaints in their districts, as already happens with Douglas and Onchan.  To further assist Local Authorities with the enforcement of this legislation the Department, in conjunction with the Attorney General’s Chambers, has also arranged some basic training in Court procedures.  This training will enable Local Authority officers, subject to approval by their Authority, to undertake their own prosecution cases.

Finally, in view of the significant level of public and political interest/concern about “unsightliness issues”, the Department would appreciate feedback with regard to the scale of this problem in your district.  Consequently, we would be grateful if, by the end of February 2010, you could provide confirmation of the number of complaints that your authority has satisfactorily resolved, without using officers of this Department over the last 2 years.

If you wish any clarification about the contents of this letter or would like to discuss any queries you may have which relate to unsightliness issues, then please feel free to contact John Howie.’

It was felt that RPC could not do much more than they did at present i.e. eventually involve DoLGE after initially writing to the owners of unsightly properties.

The Clerk felt that she had not had the training to decide what was unsightly especially as RPC had, in the past, asked John Howe to look at various buildings and land which they had felt sure were unsightly only to have Mr Howie say that they were not.  The decisions must therefore be subjective.

It was agreed that most Local Authorities would have to rely on the professional people in DoLGE to take further action once initial letters had been sent out.

The Clerk was to reply to this effect.

Consultation – Children Bill.

This could be accessed on www.gov.im/consultations.  Included in the Bill were some specific questions on proposed legislation where views were sought.  Views by 16^th April.

This was deferred until the next meeting.

Letter from Phil Gawne, MHK re Transition Isle of Man.

They were holding a meeting at 7pm on Wed. 24^th February at Morton Hall, Castletown – subject – ‘Can we afford the future?’

Mr Gunn indicated he may attend this.  Mr Radcliffe was involved with this group so would also be in attendance.

Tynwald Annual Report

Report on the parliamentary year 1^st October 2008 to 30^th September 2009.   Noted.

Road Transport Licensing Committee. Applications, Decisions and Notices.   Noted.

9.  PLANNING APPLICATIONS

a)  10/0031. Ballanuy, Ballakilpheric. Mr & Mrs W Corrin.  Revised drawing received – site and location now show the whole of the existing curtilage.

No objections.

b)  10/0163.  The Barns, Strawberry Fields, Croit-e-Caley. Miss J O’Neill. Erection of conservatory to northwest elevation.

No objections.

c)  10/0139.  Robin Hill Farm, Cronk-e-Dhooney. Mr & Mrs MacQuillan. Creation of external steps to first floor tourist accommodation.

No objections.

d)  10/0161.  Field 414096.  Ballaman, Ballnahowe. Cheeseden Investments Ltd. Erection of agricultural building and hardstanding.

Members were concerned about the location of this proposed shed as it was not near the main house or other buildings and in a prominent area.  The requirement for such a building was questioned as there was already an agricultural building associated with this holding on the other side of Ballnahowe Road.

10.  PLANNING APPROVALS

a)  09/2037.  Field 414188.  Croit e Caley Dr P Boultbee.  Erection of replacement agricultural building.  Conditions include – 3.  The building may be used only for the storage of equipment, vehicles and machinery in association with the maintenance of the site as defined in the approved plans.  4.  Within one month of the completion of the new building all existing buildings and storage containers must be removed from the site, ass described in the application.   Decision – Senior Planning Officer.       Issued  – 4^th February 2010.

b)  09/1970. Tradewinds, Surby Road, Surby. Mr & Mrs D Trustrum. Alterations and extensions to dwelling with new vehicular access.

Conditions include  3. The works must include the provision of a new footway crossing along the new access.   Decision – Senior Planning Officer.  Issued 15^th February 2010.

11.  PLANNING REFUSALS   none.

12.  PLANNING APPEALS     No date for the 2 Grenea Cottages appeal had been received.

13 COMPLETION CERTIFICATES

a)  04/7122/DEX.  Carabas, Mill Road, Surby. (sent to Port Erin Commissioners)

Bathroom extension, conservatory and summer house.   Dated 26^th January 2010.

14. OTHER PLANNING MATTERS   none.

15 ANY OTHER BUSINESS

a)  The Leigh, Surby Moar.

There had been complaints that the owners had built their driveway outside their boundary onto the verge and put in kerbs.  There had been concern that these may be too high and damager the underneath of cars which may have to pull in to let oncoming traffic pass.

Members had looked at this and felt that it was not too high and they were not too concerned at the moment.  The Clerk said she would locate the planning application relating to this property to see if they were breaching any plans.

b)  Insurance,

The Clerk reported that she had received a call from Kestral Insurance who were contacting all local authorities asking if they could give a quote for their insurance.

It was agreed that this should be looked at more closely.

16.  DATE OF NEXT MEETING    17^th March 2010.

As there was no further business for the public part of the meeting this was closed at 9 37pm.