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Birdham Parish Council > Minutes > Minutes of the Parish Council Meeting held on the 18th May 2015

Minutes of the Parish Council Meeting held on the 18th May 2015

Birdham Parish Council

 Minutes of the

Meeting of the Parish Council

 held on Monday 18th May 2015

at 7pm in Birdham Village Hall

 

Present:                       Cllr Pocock (Chairman), Cllr Hamilton (Vice Chairman), Cllr Churchill

Cllr Brooks, Cllr Firmston, Cllr Campbell, Cllr Barker and Cllr Bird.

Apologies:                   PCSO Bainbridge

In attendance:              The Clerk, Cllr Montyn (WSCC), Cllr Barrett (CDC) and 123 members of the public.

Absent:                        Nil

1-15 Election of Chairman for the current Council year.

          It was duly resolved that Cllr L Pocock be elected as Chairman of the Council until the date of the next Annual Meeting of the Council

The Chairman thanked all present and said that the meeting would be flitting backwards and forwards throughout the evening in order to accommodate those present who had come to listen to Mrs Archer from CDC concerning the two applications at Birdham Farm.

2-15 Election of Vice-Chairman for the current Council year.

It was duly resolved that Cllr E Hamilton be elected as Vice-Chairman of the Council until the date of the next Annual Meeting of the Council.

3-15 Appointments to outside bodies and working groups.

          Various appointments were made to the list at Annex A. The Chairman asked if it was possible for non-Councillor to be made. The Clerk said that it was. The Chairman then said that he would make a number of enquiries to people he felt would make ideal additions to the list.

4-15 Approve and sign the Minutes of the meeting held on the 20th April 2015.

It was resolved to adopt the minutes of the 20th April as a true and accurate record of the meeting.

5-15 Declaration of Interests:

There were no declarations of interest given.

At this point Mrs Archer (CDC Enforcement Manager) arrived and the agenda was suspended in order to allow her to speak and answer questions should there be any.

The Chairman thanked Mrs Archer for giving up her time and passed the floor to her.

Mrs Archer introduced herself and went on to say that whilst she could and would not address the planning merits, or otherwise, of the two applications at Birdham Farm she was happy to talk about the current situation and the legal status as she knew it. She outlined the situation chronologically. Her department was taking the required action on each stage as it happened. A pre-emptive injunction had been applied for in April but this had been refused by the courts for a lack of information.

Fencing had been erected and stables had been built on the site. An enforcement Officer had been sent to investigate and determined that the fencing was legal but in his opinion the stables required planning permission due to the size of the buildings

Further information had been received that two caravans had been moved onto the site over the Bank Holiday Weekend. At this point a ‘stop notice’ was issued. It was at this point that it was discovered the original owner had sold the land.

An enforcement notice was issued to remove the caravans from the site after which the occupants made a valid planning application which neutered the enforcement notice. A mobile home was then moved onto the site and a further stop notice was issued. A court hearing has been requested to obtain a further injunction but will not be heard until the 11th of June. In her opinion the courts were not being particularly helpful, especially as the occupants are now using a cesspit which they say was already on the site when they moved in, which is another breach of the ‘stop notice’.

One of her officers was putting together a report to prevent any permitted rights development on the site but if approved by Council will have to go to the Secretary of State for final approval.

Mrs Archer concluded her address by saying that she would welcome additional information from residents who lived nearby and invited them to call her.

She went on to invite questions from residents present.  

6-15 Public Question time in accordance with Standing Orders 1d -1l:

          Various questions were raised with Mrs Archer as follows;

Was there any evidence that the cess pit was on site prior to the occupation?

No.

When or how long does it take to determine the applications?

There is a time of thirteen weeks quoted but with appeals etc. a decision could be a very long time in the coming.

Does the CDC have the authority to prevent the water companies from connecting the site to the mains?

No. The water companies are an authority in their own right and will probably have to connect.

It would appear that the land has been divided a number of times.

Will the current occupiers will be able to control who, what and when access is available on to the site?

There are already lockable posts in place which does prevent access to the site.

Portsmouth Water has already connected the site to the mains.

Is there anything that the residents of Birdham can do to help Enforcement carry out their work?

No. Enforcement already has full delegated powers to act.

Is raising a petition of help?

It all helps but, an individual letter is better.

A resident said that she had posted comments on the CDC web site and was not worried and had not experienced any problems.

The Government have changed the time taken to reach a determination.

Are the stables private or commercial?

Assume they are for private use but, they are not capable of being moved therefore planning permission is required.

Are they travellers or gypsys? Gypsys.

If allowed to stay will they be subject to the same community charge and other taxes as per the settled community? Yes.                 

7-15 Matters arising from the minutes of the 19th November 2012:

Minute 89-12 – Land Bequest. The Clerk reported the problems had been resolved with the Land Registry Office and the property was now owned by Birdham Parish Council. Therefore this item would no longer appear on the agenda.

8-15 Clerks’ Report:

i)       WSCC – Nothing to report at this time.

ii)      CDC – Nothing to report at this time.

iii)     Reports from Members of WSCC/CDC –

a)      Cllr Montyn said that he had contacted the Op Watershed Team and was told that he would be contacted by the end of the week in terms who had been awarded what and it would then go out for the statutory review period.

b)      The Boundary Commission are currently looking at the size of West Sussex and the number of Councillors, currently 71 members, relative to the number of residents. The next stage would be to examine the size of the Divisional Boundaries with the distinct possibility that the number of Councillors would be reduced.

The Vice Chairman Cllr Hamilton, in her capacity as a District Councillor, said the CDC Task and Finish Group had suggested to the Boundary Commission that the number of CDC Councillors could be reduced from the current 48 members to 36. If this was agreed it would happen at the next election in 2019. Cllr Hamilton went on to deliver her report which can be seen at Annex C to these minutes.

iv)     Other related matters – There were none.

9-15 Finance and Corporate:

i)    To receive and approve the financial report.

The Clerk presented the financial reports for the month of May (shown at Annex B). The current balances are as follows;

Balances held at Bank £36732.62
Designated Funds £29654.17
Ring Fenced Funds £13033.00
Available Funds £14989.89
Creditors £  6177.56

The Clerk offered to answer any questions that Councillors may have.

It was resolved to adopt the Financial Report.

ii)   To approve the previously circulated Parish Council Constitution

The Clerk said that he had circulated the document in good time for the meeting and had received no adverse comments.

It was resolved to adopt the Parish Council Constitution as circulated.

iii) To approve the Annual Report for the Council and the authorisation of the Chairman to sign pages 2 and 3 of the report.

The Clerk presented the Annual Audit report to the Council after which it was resolved that the Chairman be authorised to sign section 1 – Accounting statements and Section 2 – Annual governance statements of the 2014/15 report

10-15Update on the Neighbourhood Plan.

The Clerk reported that he had been informed by CDC that the contract documents had been raised and were sent on to Ms Cheesley. It was hoped that this would then speed up the inspection process.

11-15 Correspondence – Not previously circulated:

            There was none.

12-15 Reports:

i)      Play Area and Playing Field. – There was nothing to report at this time.

ii)     Village Green and Pond. – There was nothing to report at this time.

iii)    Condition of Village Ditch/Drain Network. – Mr Barrington said that he had met with the land owner of the proposed ditch/culvert works who had suggested that rather than sell there may well be a possibility of an easement across his land. However, prior to that taking place it would be necessary to ensure that the boundary was properly defined as there was some evidence of ‘land grab’ which would need to be resolved which could delay the progress of the proposed works.

The ditches along the A286 had now been cleared but the culverts had not yet been touched by WSCC.

Ownership problems are still in evidence in Pipers Mead which is preventing work being carried out there.

iv)    Police and Neighbourhood Watch – There was nothing to report.

v)     Communication Working Groups – There was nothing to report.

vi)    Other – There was nothing to report.

13-15 Reports of meetings attended by Councillors;

            There had been no meetings attended.

14-15 Planning matters including applications and CDC delegated decisions:

i)              Planning Applications to be decided.

BI/15/00914/DOM – Mr Christopher Doherty Houseboat Norana Chichester Marina Birdham

Level off pitched roof of existing utility room. There was NO OBJECTION raised against this application.

BI/15/01162/DOM – Mrs Taylor Carthagena Farm House  Bell Lane Birdham

Construction of a detached garage with space for three vehicles and storage above. There was NO OBJECTION raised against this application. However, the Council requested that a condition be imposed to prevent the storage area from becoming a dwelling place or a holiday let.

BI/15/01218/DOM – Mr And Mrs Alexander Blackwood 2 Oakmeadow Birdham

Replacement conservatory with single storey flat roofed extension on existing site. There was NO OBJECTION raised against this application.

BI/15/01287/FUL – Mr Joe Smith Birdham Road Birdham West Sussex PO20 7BU

Proposed single pitch site including the provision of a utility building for settled gypsy accommodation together with existing stables. This application was STRONGLY OBJECTED to and the objection reasons can be seen at ANNEX D to these minutes.

BI/15/01288/FUL – Mr Bill Hughes Birdham Road Birdham West Sussex PO20 7BU

Proposed single pitch site including the provision of a utility building for settled gypsy accommodation together with existing stables. This application was STRONGLY OBJECTED to and the objection reasons can be seen at ANNEX D to these minutes.

 It was resolved to authorise the Clerk to notify Councils decision to CDC Planning.

ii)             Delegated Decisions to be noted.

BI/13/00381/ADV Mr D Chudasama Birdham Stores Main Road Birdham

Retrospective application to display advertisements .REFUSE

BI/15/00525/TPA Mr Andrew Grafham 2 The Saltings Birdham

Crown reduce by 30% and remove dead and crossing branches on 1 no. White Poplar tree (T1) subject to BI/90/00028/TPO. PERMIT

BI/15/00534/DOM Mr & Mrs N Von Schirnding Hammonds Farm  Westlands Lane Birdham

Single storey rear extension, alterations to an existing fireplace and the reduction in rear garden ground levels and closing off of existing pedestrian access. PERMIT

BI/15/00535/LBC Mr & Mrs N Von Schirnding Hammonds Farm  Westlands Lane Birdham

Single storey rear extension, alterations to an existing fireplace and the reduction in rear garden ground levels and closing off of existing pedestrian access. PERMIT

BI/15/00388/DOM Mr Stephen Terry Houseboat Infinity Chichester Marina Birdham

To extend houseboat by 6m x 3m to incorporate bedroom and storage.PERMIT

BI/15/00614/FUL Mr Jimmy Sullivan Birdham Farm Birdham Road Birdham Chichester

Proposed field gate access – creation of new access with hardstanding, post and rail fence and gates. REFUSE

The delegated decisions were noted.         

147-14 Items for inclusion on the next agenda:

          There were none suggested.

148-14 Date of Next Meeting:     

15th June 2015 at 7pm in Birdham Village Hall

 

There being no further business to discuss the meeting was declared closed at 9pm

 

Signed ___________________________   Dated ____________________

Chairman

 

 

 

Annex A

 

 

 

Birdham Parish Council

28 Langdale Avenue, Chichester, West Sussex, PO19 8JQ

Tel : 01243 790402

Email : clerk@birdhamparishcouncil.org.uk Website : www.birdham.org.uk

Clerk to the Council : David J Siggs

 

 

 

Current Outside Body Appointments

Body

With Effect From 18th May 2015

CDALC

Chairman

Vice-Chairman

Village Hall Trust

Cllr Bird

Cllr Barker

Cllr Churchill

Cllr Brooks

Manhood Mobility Forum

Cllr Pocock

Peninsula Forum

All Councillors

Membership of Committees/Working Groups

Committee/Group

With Effect From 18th May 2015

Play Park & Playing Field

Cllr Churchill

Vacancy

Staffing Committee

Cllr Campbell

Cllr Barker

Cllr Brooks

Communications Working Group

Vacancy

Cllr Barker

Cllr Pocock

Planning Committee

All Councillors

Resilience/Emergency Planning

Cllr Firston

Cllr Barker

Cllr Pocock

Vacancy (CDC)

 

 

Annex B

Birdham Parish Council
Financial Statement as at 17th May 2015

£

Bank Accounts as at 31st March 2015

36732.62

Receipts to date

21725.18

Expenditure to date

7018.29

Balance

51439.51

Represented by;
Current Account (Barclays Community A/c)

5915.68

Deposit Account (Barclays Premium Business A/c)

38713.02

National Savings

6810.81

Total

51439.51

Less
Reserve @ 50% of Precept

21063.13

Loan Reserve for half year

8591.04

Outstanding Cheque/s –
Total

29654.17

Ringfenced Funds
Op Watershed

6768.00

New Homes Bonus (balance of £966.00 remains for Village Hall)

2466.00

Available Funds Total

12551.34

            Signed              Clerk to the Council     17th May 2015           Payments to be considered           B Geary (Litter Picking)

70.00

Clerks Expenses (Telephone/stationary etc.)

40.07

A Dover (Clearing bus stops & grass cutting)

80.00

Wicksteed (Repairs to playground equip)

667.20

M H Kennedy & Sons (Grass cutting)

553.44

WSCC Street Light Maintenance

895.61

    Total

2306.32

 

 

 

 

 

Annex C

District Council Report May  2015

 

Wittering Ward

with Birdham and Itchenor

 

Elections; Many thanks to all who came out and voted for Graeme and me on May 7th. With the polls predicting a very close result we were out canvassing right up to the last day.

 

We now look forward to serving the Witterings Ward, including West Wittering, Birdham and Itchenor. We may not get to every Parish Council meeting as some may clash and Elizabeth is a member of Birdham Parish Council and feels this should come first. Graeme will be serving on the Planning Committee, Licensing Committee and Corporate Governance & Audit Committee, and Elizabeth on Overview and Scrutiny. Regarding outside committees Graeme is a member of the Chichester Harbour Conservancy Board and a Trustee of the Witterings Youth Centre.

 

Chichester Local Plan

The inspectors report is due any day. We hope it will be positive. Adoption is anticipated in the summer. If fully adopted it will help us fight large undesirable planning applications.

 

Sport at May Half Term the sport for youngsters in the Easter holidays was well attended. Multisport, adventure sport, basketball, netball and football are all planned for half term.

Ring Ben Polhill 01243 543857 for further details.

 

Triathlon This year the Chichester Triathlon is on July 4th and 5th.  Registrations are now being taken.

 

Contract services Green waste collection rounds are being reviewed to accommodate the increase in ‘take up’ of the service. This is to incorporate ‘zonal working’ to create savings in running costs.

 

Southern Water Southern Water has continued to survey the network along Rookwood Road where earlier finding have shown silting. They planned to continue the work during the dry weather and advised they would contact me regarding the findings by today. I await their response.

 

Youth Club Following a meeting between East Wittering & Bracklesham Parish Council, West Sussex County Council and East Wittering Community School representatives from the school agreed to put the planned leasing arrangements to the School Governors. The meeting will be on 20th May.

 

Planning Issues Wates have lodged an Appeal against the decision to refuse the application off Clappers Lane. I will be looking to all Parishes to put a case forward to have the Appeal dismissed.

 

Gypsy issue at site behind Premier Motor Homes on the Birdham Straight is currently under close scrutiny.

 

Peninsular Forum

At the next meeting of the Peninsular Forum on June 1st the main presentation will be about Gypsy and Traveler sites across Chichester District and the peninsula – the location and numbers of pitches and additional sites required over the period covered by the Local Plan.

 

 

Elizabeth Hamilton and Graeme Barrett

18th. May 2015

 

 

Annex D

Birdham Parish Council strongly object to the following applications BI/15/01287/FUL and BI/15/01288/FUL for the reasons listed below

 

Both sites fall within Chichester Harbour Area of Outstanding Natural Beauty, and outside the Settlement Policy Area of Birdham.

Planning policies covering these applications would include the NPPF, the Chichester District Local Plan First Review 1999, the emerging Local Plan, the Birdham Neighbourhood Plan, and the Chichester Harbour Conservancy Management Plan.

 

National Planning Policy Framework

Paragraph 14 of the National Planning Policy Framework requires presumption in favour of sustainable development, except where specific policies in this Framework indicate development should be restricted. Note 9 specifically indicate this to mean ANOBs. In the Parish Council’s opinion this proposal will do material harm to the landscape and scenic beauty of the AONB thus failing Para 115.

 

Chichester District Local Plan First Review 1999

This application does not meet the requirements of Policies RE1, RE4, BE11 and BE14 of the Chichester District Local Plan First Review 1999, particularly RE4, which states “areas of outstanding natural beauty will be conserved and enhanced. Any development which would be harmful to their visual quality or distinctive character will not be permitted except in compelling circumstances”

 

Chichester Local Plan: Key Policies Pre-submission 2014-2029

Virtually none of the requirements of Policies 43 (Chichester Harbour AONB), 45 (Development in the Countryside) and 48 (Natural Environment) of the Chichester Local Plan: Key Policies Pre-submission 2014-2029 are met by this application.

In addition, Policy 36 (Planning for Gypsies, Travellers and Travelling Showpeople) has 6 criteria, all of which have to be met.

This site fails to meet criteria 1 to 4 of this policy.

Also, a considerable amount of work has been completed in drawing up the emerging local plan, one of the documents being the Gypsy & Traveller & Travelling Showpeople Accommodation Assessment.  This assessment provides a map of potential broad locations for sites to meet the assessed needs. Birdham is not included as a suitable broad area.

 

Neighbourhood Plan

Birdham’s Neighbourhood Plan has now been drawn up and is now under examination. Birdham has one settled Gypsy site. There was no requirement in the Emerging Local Plan to provide further sites.

 

This application does not meet the requirements of the following policies:

 

Policy 4 – Landscape Character -the open views across the heritage landscape and agricultural heritage on either side of Lock Lane, Court Barn Lane and to the north & south of Birdham Straight.

 

Policy 9 – Transport impact must be mitigated via developer contributions.

 

Policy 13 – Settlement Boundary. Outside of the Settlement Boundary Area, development will only be permitted where it complies with policy 15 of this Plan and policy 45 in the emerging Chichester Local Plan or any future version of that policy.

 

Policy 15 – Rural Area Policy Development will be in accordance with the NPPF paragraph 55, the Chichester Emerging Local Plan policy 45.

 

Chichester Harbour Conservancy Management Plan

The Harbour Conservancy will speak for itself regarding this policy document.

 

This application therefore does not meet the terms of the Chichester District Local Plan First Review 1999, The Emerging District Local Plan or Birdham’s Neighbourhood Plan.

Additionally, an application to build 5 houses in the adjoining field (B1/12/03671) was refused recently. Reasons given were that the harm to the AONB was not justified by the District’s need for houses.

 

Birdham Parish Council therefore strongly objects to these applications, and planning permission should be refused.