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2004/01/12

7025 Minutes: of a meeting of the Arnside Parish Council, held in the Parish Council Office, Church Hill, Arnside, on Monday 12th January 2004.

7026 Present: Chairman - Councillor D.M.(David) Willacy, Councillors J.G.(Jack) Baker, P.E.(Ted) Casey, J.M.(Jean) Colwell, J.P.(John) Gallagher, K.(Ken) Hargreaves, R.J.(Ros) Hunt, T.(Terry) Keefe, P.A.(Pete) McSweeney, C.J.(Chris) Murphy, M.P.(Pat) Pierce, the Clerk - P.G.(Peter) Challenor, the Treasurer - A.(Tony) Cookson, County Councillor I.(Ian) Stewart, District Councillor R.(Richard) Rollins, and five members of the public.

7027 Apologies for Absence:. PC Brooks.

7028 Receipt of Declarations of Members’ Interests relating to any items appearing on the agenda.

The Chairman, Councillor Willacy, declared his non-prejudicial interest in item 12(a) of the agenda, in that he is a member of an ad-hoc committee of the Abbeyfield Society, specifically set-up to oppose the United Utilities’ proposals for waste water transfer engineering works in the grounds of Ashmeadow. This interest has been included in the formal Notification of Members’ Interests.

7029 Minutes:

The Minutes of the Ordinary Meeting held on Monday 8th December 2003, and the Special Meeting held on Thursday 11th December 2003, were amended at 7001, 7008e(2), and 7020(2). They were then approved, and subsequently signed by the Chairman.

7030 Matters arising from the Minutes of previous meetings

There were no matters arising.

7031 Matters raised by Members of the Public for consideration.

A member of the public commented that the 2001 Census figures for this Parish have still not been released. The Clerk confirmed that he is keeping a watch out for them, but the further delay raises a question about the likelihood of them being published at all.

7032 Police Report

In the absence of PC Brooks, the Chairman mentioned that the Police are asking residents to keep a watch on the activities of strangers to the area, particularly because several stolen (and damaged) cars have been abandoned in the area. Anything suspicious should be reported to the Police.

7033 Report from County and District Councillor Ian Stewart

Councillor Stewart’s report referred to:

(a) proposals for parking restrictions in Arnside, (b) schedule for minor repair work to highways, (c) consideration, by Cumbria CC, of the Planning Application by United Utilities, for engineering works in the grounds of Ashmeadow, (d) the Parish Council’s request for information about the debts, if any, of all district councils within Cumbria, and (e) reliability of reporting in local newspapers.

The Chairman asked for further information about the article appearing in the Lancaster Guardian, indicating that two Planning Applications, for sites within Arnside, are “set to be refused”. Neither Councillor Stewart or Rollins had any information about the matter.

The Chairman advised Councillor Stewart of difficulties in reporting flooding, and sewage overflow from drains, on Boxing Day. The response to the Hotline indicated that they were unable to take action because of telephone defects. Councillor Stewart was asked to ensure that alternative lines of communication are made available, so that ‘emergency calls’ to the Hotline can be dealt with.

7034 Report from District Councillor Richard Rollins

Councillor Rollins’ report referred to:

(a) deferral of a decision regarding concessionary travel vouchers for disabled persons, (b) introduction of 90% Council Tax on 2nd homes, (c) with the introduction of additional parking restrictions, there will bean increased need for a car park, and there is a possibility that purchase of a suitable site might not be restricted by valuation, and (d) additional powers for Community Support Officers.

A question was raised about the problems of disposing of rubbish at the Carnforth site. Councillor Stewart responded by stating that there is an informal agreement that residents in the very south of Cumbria may use this site. In the event of difficulty, residents from Arnside should quote the name “Mr Lawson Short” in connection with the agreement.

One Member made the observation that several ‘2nd home owners’ do not declare them as such, and thereby pay 100% of the Council Tax for their property. If however they were to make the appropriate declaration it would slightly increase the amount of money which could be used for Affordable Housing.

The Chairman asked about the revenue from enforcement of de-criminalised parking regulations. Councillor Rollins confirmed that the system is still operating at a loss to the District Council, but, with the increase in fines, this deficit is likely to reduce.

The Chairman mentioned the Council’s concern about the Minutes of the SLDC Planning Committee, which state that the Parish Council was comfortable with an Application, whereas objections were actually made. This would be highlighted during item 12(b) of the agenda

7035 Finance

The Financial Summary for December 2004 was received and approved.

7036 Committee Reports:

a. Foreshore

The Chairman submitted a written report, copies of which had been distributed with the agenda. In referring to the problem of mud prejudicing the public footpath at New Barns Bay, it was agreed that the Chairman would speak to the landowner, to see if he could take some action to overcome the problem. It is however thought that a strongly-flowing high tide might rectify the matter, possibly during the next few weeks.

b. Highways

The Chairman submitted a written report, copies of which had been distributed with the agenda. There appears to be a problem of road subsidence, near to Leighton Beck Bridge. It was agreed that the Chairman will bring this to the attention of Mr Nick Raymond, Cumbria County Council, asking for a report and action.

c. Playing Field Advisory Committee

Councillor Murphy submitted the Minutes of the Committee meeting, held on 2nd December 2003, copies of which had been distributed with the agenda. The contents were noted and received without question.

Councillor Colwell added that she understands that the plans for the possible Skateboard Park are being amended and re-submitted for Planning Permission.

The Chairman reported that he had been called to a water leak in the Ladies Toilets and found that the water supply had been turned on (it having been previously turned off, for the winter period). It was turned off again, but he noted the meter readings of 6932 and 6967 indicated a significant use of water, which might in turn suggest the presence of a leak. This will be checked-out in the Spring.

d. Cemetery

Councillor Casey reported a further increase in fee receipts. He also mentioned that this Council levies the same fees for burial headstones, as those levied for plaques on one-third plots used for burial of ashes. He suggests that this anomaly might be reviewed. He will make a full written report to the next meeting.

Cemetery Chapel Advisory Committee.
Councillor McSweeney submitted the Report of the informal Committee meeting, held on 14th December 2003, copies of which had been distributed with the agenda.

The Chairman referred to item 4.4 of the Report, and suggested that it might be better to take a new water supply direct from the roadway, possibly using the same trench as that used for an electricity supply.

The Clerk commented on item 4.6, expressing concern that an undue delay in the provision of a ramp for disabled access might lead to a temporary closure of the Chapel, for all purposes. He confirmed that he has held back from implementation of the decision that the ramp should be purchased during the current financial year, but could not do so beyond the February meeting, unless there is a formal recommendation from the Committee, which would be subject to acceptance by the Council.

The Clerk also commented that the Committee cannot currently take the action suggested in item 8 of the agenda for the meeting scheduled for 13th January, because it does not currently have any delegated powers. He urged the Committee members to consider what, if any, powers they would wish to have delegated to the Committee, and to put these forward for consideration as soon as possible.

f. Allotments

Councillor Hunt has written to all allotment holders regarding renewal for 2004, but has only received a few replies. There are now five applicants on the waiting list.

g. Educational Institute

Councillor Keefe reported that he has been elected to be one of the six representatives of the EI User Groups on the Educational Institute Committee. He will represent the interests of several groups, including the Parish Council.

7037 Correspondence

Receipt of the following items was noted and action determined, by resolution, as indicated:

1. FLAG - Newsletter 57.

2. Cumbria Highways - information about new arrangements.

3. The Boundary Committee - report of recommendations for Unitary Local Government (Resolved under Minute7024, at the Special Meeting, held on 11th December 2003).

4. SLDC - response to request for advice about the Beech tree at the front boundary of the Cemetery

RESOLVED that the work suggested should be put out to tender by approved tree surgeons.

5. Mrs Eggington (ESSAGroup) - request for information about Street Cleaning service

(Chairman dealing with this request).

6. SLDC - Notification of determination of travelling and subsistence Allowances

(agenda item).

7. CALC - County Circular, December and January.

8. The Countryside Agency - “Countryside Focus”, issue 29.

9. United Utilities - letter outlining current proposals (agenda item)

10. SLDC - Executive Decisions of the Cabinet, etc., 3rd October to 21st November 2003.

11. SLDC - Minutes of Council and Committees, 13th October to 20th November 2003.

12. United Utilities - reply to various queries, plus agreement to attend an informal meeting

(agenda item).

13. NALC - “Local Council Review”, January.

14. Morecambe Bay Partnership - “Beachcare”, Autumn 2003.

15. CALC - Seminars re ‘Highways Verge Maintenance’, 22nd and 29th January, 7.00pm.

RESOLVED that Councillor Pierce should attend on behalf of this Council.

16. Arnside National School - reply to notification of reduction of rent for Playing Field.

17. Mrs Marland - complaint about footpath 502023alongside The Common.

(Reply sent, and letter forwarded to SLDC).

18. CALC - Minutes of South Lakeland District Committee, 6th November 2003.

7038 Planning Matters:

(a) The following Planning Application was considered , and comments made as indicated:

5/03/9013 - Ashmeadow, The Promenade - construction of an underground pumping station and storage tank, with an above-ground control building and new Geo-Block grass-fill access, and temporary removal of gate posts and a section of garden wall for access.

RESOLVED that Arnside Parish Council OBJECTS to the Application, because it contains insufficient information to enable Members to make an informed decision. The Council wishes it to be known that a meeting with representatives of the applicant was arranged for 7th January, but it was cancelled by United Utilities, at a few hours notice (because of the death of a line manager), and it has not yet been possible to re-arrange. If this meeting had taken place, Members consider that they would have been in a position to make definitive observations. This Council is urging that the meeting should be held during the week commencing 19th January, so that full observations can be compiled and forwarded for the attention of the Committee.

In the meantime, we wish to raise the following two queries:

1. A local resident has suggested that it will be essential to undertake some chemical treatment of the sewage material held in the proposed underground tank, before it is pumped to Milnthorpe. This does not appear to be incorporated in the details submitted by the Applicant. If however there is to be such treatment, this Council wonders whether or not the Health & Safety Executive has been consulted.

2. The Application indicates that the proposals will not intrude on the woodland area. The plans, however, quite clearly show that there is a large area of woodland enclosed by the proposed boundary, including a substantial part of the area proposed for the tank itself. This area is currently protected by a Tree Preservation Order. There is no indication of a formal consultation with the SLDC Arboricultural Consultant. Could the Committee please ensure that such consultation occurs and that the written response is made available for consideration, and comment by this Council, before a decision is made on this Application.

(b) The following decisions of the District Council were noted:

SL/2003/1859 - The Annexe, rear of Holmleigh & Ellerhow, Silverdale Road - demolition of existing building and erection of dwelling: GRANTED.

The Chairman drew attention to the Minutes of the meeting of the Planning Committee, held on Tuesday 14th October, in which Minute 454 states that the Planning Services Officer said that “… the Parish Council were comfortable with this application”, which was a complete mis-representation. The Clerk has already contacted the Planning Services Officer and the Chairman of the Planning Committee, both of whom have stated that the Minutes are wrong, and that the objections of this Council were accurately reported to members of the Committee.

RESOLVED that the matter be pursued and that the Application should be re-considered, as the existing exit onto Silverdale Road is quite dangerous. Before rejecting the objections made by this Council, members of the Committee are strongly urged to make a site inspection.

SL/2003/1897 - Plot 2, The Grange, New Barns Road - dwelling: GRANTED.

SL/2003/2192 - 7 Lynslack Terrace - detached garage: GRANTED.

SL/2003/2193 - 14 Parkside Drive - conservatory: GRANTED

SL/2003/2230 - High Ridge, Mount Pleasant - garden shed: GRANTED.

7039 Urgent action taken in accordance with Standing Order 34 (other than Planning).

No actions to report.

7040 Travelling and Subsistence Allowances

(a) It was noted that the Parish Remuneration Panel has recommended that mileage allowances, or reimbursement of travelling expenses, be payable to Elected Members, according to the following terms:

Car mileage allowance, for journeys up to 50 miles radius of the Parish: 40p per mile (subject to adjustment in accordance with the Inland Revenue’s ‘no profit’ allowance for vehicles with engines having a cubic capacity not exceeding 1199cc).

Travel by car for journeys extending beyond 50 miles radius of the Parish: second class rail fare.

Bicycle mileage allowance: 20p per mile.

Motorcycle mileage allowance: 24p per mile.

Use of Public Transport: ordinary fare, second class fare, or the cheapest rate for the journey, whichever is the least amount, OR: public transport should be reimbursed at 50% of the car mileage allowance.

Taxi: reimbursement at cost.

RESOLVED that the foregoing travelling expenses scales be adopted.

(b) It was noted that the Parish Remuneration Panel has recommended that the following maximum subsistence allowances, be payable to Elected Members:

4 to 8 hours period of absence: £7.12

Over 8 but less than 12 hours period of absence: £9.93

Over12 but less than 24 hours period of absence: £18.75

Overnight stay: Reasonable actual expenses

Bed & Breakfast: Reasonable actual expenses

RESOLVED that the foregoing subsistence allowance scales be adopted.

(c) RESOLVED that the terms and rates specified in (a) and (b) above, shall also apply to all Officers of the Council, and in the case of those Officers who are employed with remuneration, these rates shall apply in substitution for those specified in their Contracts of Employment.

7041 Travelling and Subsistence Allowances for Co-opted Members.

The Clerk explained that the unfortunate consequence of the wording of Section 24(b) of the Local Authorities (Members Allowances) (England) Regulations 2003, is that travelling and subsistence allowances cannot be paid to co-opted Members of a parish council, as from 1st January 2004. The Government has acknowledged this error and has pledged to rectify the matter in future legislation. In the meantime, the Clerk had suggested that the co-opted Members of this Council be appointed as officers of the Council, without remuneration, so that they may enjoy the same rights as those for elected Members. The Clerk advised that he had taken legal advice, which confirmed that this would be in order.

RESOLVED that the Co-opted Members of this Council, namely Councillors Baker, McSweeney, and Pierce, be appointed as Deputy Clerks (without remuneration), so as to establish their entitlement to claim reimbursement of travelling expenses, which may be incurred on Parish Council business, and subsistence allowances, with immediate effect, and for a period of six months.

7042 Ashmeadow House

The Chairman advised that the Abbeyfield (Arnside) Society exchanged contracts on 23rd December 2003 for the purchase of Ashmeadow House, and that completion is set for 23rd January 2004.

7043 Proposed Waste Water Transfer Scheme

An informal meeting with United Utilities had been arranged for 7th January, but had been cancelled because of the sudden death of a line manager. It is hoped to re-arrange this meeting for sometime during the week commencing 19th January.

The Chairman gave details of some information he had obtained at a meeting between the Abbeyfield Society and United Utilities, but these need to be confirmed, or clarified, at the forthcoming meeting between Members and representatives of United Utilities.

7044 Amendment to Standing Orders.

A proposal was received at the last meeting and adjourned without discussion.

RESOLVED that Standing Order 13(i) be deleted.

7045 Review of Bus Services.

Attention was drawn to the fact that there has been no further advice about the Cumbria County Council review of bus services (Minute 5903 of 14th of April 2003). The Clerk will make formal enquiries.

7046 Items for Information.

(a) Councillor Colwell advised Members of the her representations to Mr Tim Collins MP, regarding the possibility of the School premises being used for ‘out of school clubs’.

(b) Councillor Hunt reminded Members about the use of the green log book for recording visits to the Parish Office, during public opening hours on Wednesdays and Saturdays, 10.30-11.30.

7047 Date of next Ordinary Meeting

The next Ordinary Meeting will be held on Monday February 9th 2004, at 7.15pm. Items for the agenda to reach the Clerk by no later than Friday 30th January, and copies of reports to reach the Clerk by no later than Monday February 2nd.

Peter G. Challenor

Clerk to the Council

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