p.2011/26 MINUTES OF THE EXTRA-ORDINARY MEETING OF ...

p.2011/26MINUTES OF THE EXTRA‐ORDINARY MEETING OF BRAUGHING PARISH COUNCILHeld on Tuesday, 3 rd May 2011 at 8.00pm in the Old Boy’s SchoolCOUNCILLORS PRESENT:Graham Frary (Chair), Peter Boylan, Simon Rowe, Mary Cockburn, Sue Landon, DavidWilliamson.Clerk: Belinda IronsMEMBERS OF THE PUBLIC PRESENT: 7District Cllr Rose Cheswright11.70 Councillor Apologies for absence: Graham Purse11.71 Other Councillor absences: none11.72 Declaration of Members’ Interests (prejudicial/personal): none11.73 Signing of Previous Minutes: 7 th April 2011Minutes of the meeting held on the 7 th April 2011 were agreed as a true and correctrecord of the meeting and were duly signed.11.74 Urgent matters not listed anywhere else in the agenda (for inclusion on thenext agenda for full discussion) : none.11.75 Braughing Parish Council:Delegation of Special Powers to Cllr Peter Boylan and Parish Clerk Belinda IronsLocal Government Act 1972 Section 101(a): Arrangement for discharge of functionsby local authorities by committee, sub‐committee or an officer of the authority.The Chairman read to the meeting the following:Braughing Parish Council will be inquorate after the Local GovernmentElections to be held on the 5 th May 2011. Braughing Parish Council herewithinvoke ‘Local Government Act 1972 Section 101(a): Arrangement fordischarge of functions by local authorities by committee, sub‐committee or anofficer of the authority’ to ensure the Parish Council continues to functionwithout full Council.Delegation of Powers to Cllr Peter Boylan and Parish Clerk Belinda IronsBraughing Parish Council herewith agrees to the following delegation ofpowers:1 Payments to creditors including clerk’s salary2 Decisions on planning applications in consultation with the PlanningAuthority and outgoing Council Members.3 Holding letters to correspondence unless of an urgent nature

4 If correspondence is of an urgent nature, the clerk will consult with therelevant Authority, the County Association, and the outgoing CouncilMembers.5 Health & Safety: if any matter is brought to the attention of Peter Boylan orBelinda Irons as a matter of Health & Safety, both or either has fullpermission to take any action deemed necessary to manage/mitigate orremove risk.6 Both Peter Boylan and Belinda Irons have full permission to consult withHertfordshire County Council, East Herts District Council and HertfordshireConstabulary to ensure the safety of the parish, and the continuation ofparish business as they deem necessary.7 These delegated powers will commence on 4 th May 2011 and will continueuntil full Council is elected, or until the Council is quorate.PROPOSAL: That the above specified Delegated Powers be conferred uponCllr Peter Boylan, and Clerk Belinda Irons from the 4 th May until such timeas a Council is elected, or the Council is quorate’. PROPOSED: Graham Frary,seconded David Williamson. AGREED AND RESOLVED UNANIMOUSLY.Deferral of Declaration of Acceptance of Office: Peter Boylan: AGREED.11.76 PlanningPlanning Applications:Planning Decisions3/10/2013/FPDecision awaited3/11/0473/FPDecision awaited3/11/0370/FPDecision awaitedRotten Row, Bozen GreenPotting shed to link existing barnsBencroft, DasselsProposed ancillary accommodationLand at Gravelly Lane, Green EndSeparation of plots 7 & 8 as a pair of semidetacheddwellings , to provide 2 detacheddwellings: David Williamson to attend theDevelopment Control Committee to speak onbehalf of the Parish CouncilHighlands, Braughing Friars: advertised with an annexe: application for Certificate of LawfulUse (Legal decision): permission refused. 6 months to remove building.Appeal: APP/J1915/C/11/2146199: comments by the 14 th AprilGravelly Lane:Pentlows Farm:ongoing concerns regarding Development Control and site:Councillors commented on the transgressions from the originalpermission: removal of the hedge, separation of one pair of semidetachedto detached, increase in hard landscaping.update: Linden Homes, the developers of Gravelly Lane site, haveagreed a price for the Pentlows Farm site, subject to planning

approval. Cllr Cheswright indicated that the price for the site hadrisen substantially, with the implication that the planning applicationmay be for a significant increase in the number of dwellings sought.11.77 Finance: Itemised Payments will be shown on a separate AppendixSuffolk ACRE: Review of PC insurance long term commitment costs:1 year: £1252.64 3 years: £1190.01 5 tears: £1064.74Councillors agreed that more information on the pricing structure, and theimplications of a long term agreement, should be explored before a final decision ismade. Discussion and decision is to be undertaken via email.PROPOSAL: That Councillor Peter Boylan and Clerk Belinda Irons have delegatedpowers to take a final decision on this item’. PROPOSED: Graham Frary, secondedDavid Williamson. AGREED AND RESOLVED UNANIMOUSLY.ACTION: CLERKSummary of Accounts: Brought forward: £22,595.50Plus income: £10,900.50Less April Payment: £3,889,80(Ring Fenced: Parish Plan £335.40Street Lighting £6015.97 Ring Fenced: £6,351.37)Month end total: £23,254.83Summary Receipts & Payments: For decision:PROPOSAL: That Braughing Parish Council herewith approve the SummaryReceipts and Payments as prepared by the clerk’. PROPOSED: seconded AGREEDAND RESOLVED UNANIMOUSLYAudit Report:Year End Document for decision:The Internal Auditor, Mr Bevan, has inspected the accounts and completed theAnnual Accounts form.PROPOSAL: ‘That, subject to confirmation of assets register requirements includingstreet lighting requirements, by Cllr Graham Frary, Braughing Parish Councilherewith approve the Annual Accounts as prepared by the clerk and agreed by theInternal Auditor’. PROPOSED: Peter Boylan, seconded: Mary Cockburn. AGREEDAND RESOLVED UNANIMOUSLY.ACTION: GRAHAM FRARY11.78 Maintenance of PC Property 2 quotes received: decision:A local contractor was awarded the maintenance contract subject to confirmationthat the quote tendered was for exactly the same specification and quality ofworkmanship as the competing tender.PROPOSAL: That, subject to conditions, James How be awarded the contract forthe maintenance of the Parish Council property for a period of one year’.PROPOSED: Peter Boylan, seconded: Mary Cockburn. AGREED AND RESOLVEDUNANIMOUSLYACTION: GRAHAM FRARY11.79 Village of the Year Competition: Update:Sue Landon reported that there was insufficient time to successfully compete in thisyear’s event. However, with the support of Clive Marshall, Sue is looking forward to

a high standard entry for next year. The production of a ‘Welcome Pack’ was wellunderway.11.80 Annual Parish Meeting: Update:Draft Minutes have been posted to the main notice board and circulated toCouncillors and those on the Contacts List. There was a poor turn out for thisimportant event. There were no actions to be brought forward for Parish Councilconsideration.11.81 The Square: Update:Peter Boylan has again supplied documentation supporting the fact that The Squareis a public Highway not maintainable at public expense:Since the 1820 Inclosure Map and Award, The Square appears to have been depictedas highway on various documents. No documents have been discovered that show thatany such highway rights have been extinguished.The strongest piece of evidence in relation to highway rights is the Finance (1909-1910) Act 1910 Map. This evidence is supported by the other documentation. No onepiece of evidence on its own is conclusive, but overall there is good evidence thathighway rights exist over The Square. The Square was registered as Village Green in1968. This would not have removed any highway rights which already existed.However, in the event of a dispute, the final determination would have to be made byobtaining a declaration from the court as to the highway status of The Square.Advice given below from Andrew Laycock:“. I would add that if anyone believes that a person is causing an obstruction of the highwayby parking their car then they can complain to the County Council as highway authority orindeed to the Police. I do not believe that the Parish Council as landowner could prevent aperson parking on the highway.” provides very clear advice about obstruction.Graham Frary will speak will all residents of The Square to seek a way forward withthis issue. The Parish Council will continue to investigate the possibility of a ‘stoppingup order’.ACTION: GRAHAM FRARY11.82 St Mary’s Church: Church ClockMr Varley emailed the problems with the clock to Councillors prior to the meeting.The hands are stuck even though the mechanism is working. Peter Glazebrook haskindly offered his time free of charge to effect a repair, and has done as much aspossible from inside the tower. Unfortunately, scaffold is required to make externalrepairs to the mechanism and to free the hands. The PCC requested that the ParishCouncil make a contribution towards the cost of the scaffold. Peter Boylan remindedthose present that the Parish Council has a Power to contribute to the maintenanceof a public clock, and that since it’s erection in 1887, the Parish Council has notcontributed.PROPOSAL: That Braughing Parish Council pay the cost of supplying scaffold toeffect the repair of the public clock’. PROPOSED: Graham Frary, seconded: PeterBoylan . AGREED AND RESOLVED UNANIMOUSLY.11.83 Correspondence:

Mrs HallEmails:Councillors:Councillors:Councillors:Councillors:Councillors:EHDC:Clive Marshall:EHDC:Pro‐Map:Mr Flintham:Mr Ruggiero:Mr David Roberts:Geese: Councillors entered into full debate on this issue.Councillors have very strong concerns that liability could fallto each Councillor personally if unsuitable birds were putonto the river. Some Councillors are uncomfortable withParish Council ownership of large birds which are notconfined and are therefore able to roam at will.There are two issues:1: Exploring alternative large white birds2: Ownership and stewardship of domestic fowl.It was felt that if parishioners wanted to see white birds onthe river, then some form of fund raising should take placeso that ‘the village’ took ownership and stewardshipthrough, for example, a community group with appropriateinsurance , rather than the Parish Council.A decision was agreed that breeds of suitable birds,including geese, and ownership liabilities, would bediscussed at the next full Council meeting.ACTION: PETER BOYLANGravelly Lane: see item 11.76 aboveVillage of the Year: see item 11.79 aboveChurch clock: see item 11.82 aboveGeese: see aboveParking in The Square: see item 11.81 aboveHorse issues:Following the last meeting, the clerk contacted EHDC for aview. Unfortunately, the Animal Warden post has beenreplaced with a Dog Warden post, and the Dog Warden wasunable to provide definitive advice. Graham Frary statedthat the horses under discussion had now moved from thevillage.Village of the Year: see item 11.79 aboveRe‐run of Braughing election after the 5 th May election:Councillors would like to see a contested election and wouldlike parishioners to seriously consider standing for election.The clerk will enter articles into PS news and the newsletter,with dates if possible. David Williamson volunteered to do aleaflet drop. ACTION: CLERK/DAVID WILLIAMSONFree Ordnance Survey maps available: notedRe Bencroft, Dassels application: notedConsultation with the Braughing Society: Peter Boylanreiterated that the Parish Council has been elected to makedecisionsAnnual Parish Meeting minutes: provided via emailMeeting suspended forAdjournment for Public Discussion:Geese: A parishioner commented that at the moment little children are contentedlyfeeding the new ducklings, and feared that if geese are returned to the river, peoplewill feed them and they will again become aggressive.

Geese: Another parishioner commented that the people who wanted the geese hadnot attended meetings and campaigned for their retention, despite it being on theagenda and minutes for a considerable period of time. Geese are kept as ‘guardbirds’ and they are very intimidating. Graham Frary responded that there had beenseveral petitions with a significant number of signatures delivered to the ParishCouncil.Horse issues: a parishioner suggested the British Horse Society be approached forinformation.Gravelly Lane: Cllr Rose Cheswright commented that the agent for Linden Homes,the developers, had a meeting with EHDC to discuss parish problems, but seemedunconcerned that these issues had been raised. The Enforcement Officer has visitedthe site.Gravelly Lane: a parishioner suggested pressure be applied regarding themanagement of the site and green landscaping to remove costs from thecommunity.Pentlows Farm: Cllr Rose Cheswright commented that Linden Homes seemedunaware that the barns are listed. The original English Courtyard application hadlapsed and a new application would be needed. Cllr Cheswright reiteratedinformation in the Parish Design Statement that executive homes are not needed,but that EHDC would need to have a new housing needs survey completed in orderto show what demand is in the parish. Cllr Cheswright agreed to investigate further,and suggested that the Parish meet with the developer to explain what was needed.David Williamson commented that many residents were disappointed that theEnglish Heritage development did not materialise. Graham Frary commented thatthe developer needs to be made aware of the English Heritage application.Meeting resumed11.83 Date of next Parish Council Meeting:Provisional: 14 th July 15 th September13 th October 10 th November.Meeting closed at 9.40pmNOTE: AGENDA AND MINUTES ARE AVAILABLE BY EMAIL FROM THE CLERK