Minutes of the Parish Council Meeting held on the 15th July 2013

Minutes of the Parish Council Meeting held on the 15th July 2013


Birdham Parish Council


Minutes of the

Meeting of the Parish Council

 held on Monday 15th July 2013

at 7pm in Birdham Village Hall

 Present:                     Cllr Finch (Chairman), Cllr Barker, Cllr Hamilton, Cllr Churchill & Cllr Ayton

 Apologies:                   Cllr Cobbold (Vice Chairman), Cllr Grafham.

 In attendance:              The Clerk, Cllr Montyn (WSCC &CDC), Cllr Marshall (CDC) and 12 members of the public.

 27-13 Public Question time in accordance with Standing Orders 1d -1l:

              There were numerous statements and some questions from members of the public summarised as follows;

              A resident stated that he had contacted CDC concerning the implemented drainage system at Old Common Close. He was adamant that the system was not as designed and for which planning permission had been granted, when the response from CDC was finally received he had been told that they (CDC) have raised no concern with the system installed.

              The Chairman said that she had received an email on much the same subject from a resident expressing their concerns at the perceived failings of the installed drainage system.

              One resident said that court action should be undertaken.

              A resident said that the drainage plans had been changed by Belway from the original Archibald Shaw design but, were rejected by Southern Water. These plans have since been withdrawn but in his opinion this is the system that has been installed.

              The Chairman said that she had looked on the web site but could not determine if the conditions imposed on this development had in fact been discharged.

              A resident said that the plans had been changed so many times that in reality no-one knew what was installed.

              Cllr Montyn said that he had spent considerable time with the Enforcement Team in an attempt to get to the bottom of the questions surrounding this aspect of the build. He went on to say that no prosecution would take place unless it could be proved that the system would cause harm. He had spoken to the Drainage Officer and asked him if there could be harm in the implemented design and the short answer was that he had seen no harm in the current system.

              A resident asked if the system that was there now should be correct, is that the case?

              Cllr Montyn promised to seek further clarification.

              A resident said that this was a shocking developer and development. He went on to ask Cllr Montyn if sequential testing had been applied to the Old Common Close development as per the NPPF as it is now in the public interest to investigate all such developments using this testing criterion. He went on to say that it was all about the money involved. He wished to see a table of tested sites and where the Old Common Close Site fitted in that table.

              Cllr Montyn said that Old Common Close (Longmeadow) was granted planning permission prior to the implementation of the NPPF. Therefore no sequential testing was required.

              A resident said that the drainage system was not built to the Archibald Shaw design.

              A resident said that he was very concerned and disappointed that Mr Losely had not even replied to correspondence.

              A resident asked if the Parish Council would write to the District Council highlighting the concerns of the residents and requesting answers.

              A resident asked if it was known what the situation was regarding the culvert at Walwyn Close.

              Cllr Montyn said that the problem was the alignment of the culvert and to resolve the situation it needed access to all gardens or to re-run the culvert in the field to the rear of those affected in Walwyn Close. It was being looked at but it would cost money whichever option was chosen and contributions would most likely be required from residents.

              A resident asked who had purchased the land at Mile End. A resident said that he thought it had been purchased by the Church Commissioners.

28-13 Approve and sign the Minutes of the meeting held on the 17th June 2013:

              Cllr Hamilton said that under minute 24-13ii) item BI/13/00316/FUL after ‘…well be restrictions’ should have read after ‘….well be restrictions to berth owners as per the model used at Port Solent.’ With those amendments It was resolved that the Minutes of the meeting of the 17th June 2103 may be signed as a true and accurate record.

 29-13 Declaration of Interests:

There were no declarations of interest.

 30-13 Matters arising from the minutes of the 19th November 2012:

Minute 89-12 - Land Bequest.The Clerk said that he had discovered that the Solicitors Bolitho Way had been either taken over or had gone into further partnership arrangements which appeared to have speeded up the long overdue process. He had been informed that all of the parties were now in the process of being informed of the arrangements with the land and that he anticipated an outcome shortly.

31-13 To fill vacant outside body appointments:

              The Councillors listed were appointed to serve on the organisations below for the remainder of the Council Year.

              Village Hall Trust – Cllr Churchill

              Peninsula Forum – Cllr Ayton 

32-13 Clerks’ Report:

i)    WSCC – Notification had been received from WSCC that there was to be a public drop in session at the Bracklesham Barns on 18th July between 3pm – 8.30pm to learn about the Flood Risk Management Strategy for the County. Residents would be asked for their opinions and would have the chance to speak to flooding experts.

ii)   CDC 

a) The Clerk reported that he had received authority from the Electoral Services Office of CDC to Co-Opt Councillors to fill the vacancies left by the resignations of Mrs Parks and Mr Tilbury.

b) A letter had been received from CDC concerning the appeal that had been lodged by Mr Milford against refusal of his planning application BI/12/00209/CONENF. The Inspector had ruled in favour of Mr Milford

iii)  Other related matters – There were none.

iv)Reports from Members of WSCC/CDC – Cllr Montyn (CDC) said that the Milford appeal was just one in a long line of appeals which was very expensive and primarily bought about by the lack of suitable Gypsy sites in Chichester District and West Sussex. In his opinion more appeals up and down the Country would be lost because of the lack of a suitable five year land supply emphasised by the current crop of appeals that had been won by the appellant’s.

Cllr Marshall (CDC) said that he, like all CDC Councillors, had been working on the various comments that had been raised to the Local Plan and bringing them into the next draft. In particular the comments raised by the Harbour Conservancy had been taken up and there would now be a policy written to cover the Harbour.

Cllr Marshall went on to say that the controversial subject of the DOM suffix on planning applications was to be debated at the next Council meeting and that he would speak to it. In principle he did not support the proposal but, should the proposal be agreed then he would work with the Parish Council to ensure that a democratic voice was heard.

Cllr Montyn (WSCC) said that it had been reported to him that the smell of gas throughout the Peninsula and the City had been the result of a bulk tanker in the channel venting its tanks.

He went on to ask if the winter maintenance program had been, or was in the process of being, completed by the Council. The Clerk responded that it was being dealt with.

Various questions were then asked of Cllr’s Montyn and Marshall summarised below;

What happens to the 5 year land supply plan? Does it change? The five year plan is a rolling plan from year to year.

Who specifies the five year housing supply? Eric Pickles and 50 is the minimum not the maximum. 

33-13 To receive and approve a financial report:

i)    The Clerk presented the financial report for the month (shown at annex a) which showed the following balances;

Balances held at Bank


Designated Funds


Available Funds

£  9295.57




£  1622.43



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

It was resolved to adopt the Financial Report. 

ii)   The Clerk then read a request for grant funding of £100.00 by the Birdham and Earnley Flood Prevention Group.

A resident who worked on the Group described the various activities that were being undertaken to reduce the flood risk to local residents. 

It was resolved to make a grant of £100 under Section 137 powers. 

iii)  The Clerk read an email to the Council which he had received from the Revenues & Performance Manager of CDC concerning the Government based reduction in the Local Council Tax Support scheme and the likely impact on the Community Charge payers of Birdham. In order to mitigate a potential increase in the Precept requirement CDC would be suggesting to the Cabinet in its December meeting that a grant payment be made of £1417.13 for the 2014-15 tax year, which is a reduction of 1.2% on the 2013-14 tax year. 

32-13  Neighbourhood Planning – Chairman to report.

The Chairman reported that a very successful meeting was held on the previous Saturday which looked at Birdham today.

The questionnaires had now all been delivered and posters had been put up to remind everyone to fill them out and send them in. The delivery team and helpers where thanked for their hard work. The Clerk said that he had been asked for further copies of the questionnaire which in the main he had supplied via email.

The Chairman went on to report that she was pleased to announce that the Steering Group had successfully applied for grant funding and had been awarded £6890.00 as well as direct support in kind from professionals. 

35-13 Planning matters including applications and CDC delegated decisions:

i)   It was resolved to support the letter put forward by the Peninsula Forum concerning Travellers and trespass.

ii)  It was resolved to support the request by CDALC to support the letters to the PM and Nick Gibb MP concerning planning and the demands on the infrastructure of so many houses demanded by Central Government.

iii)It was resolved to support the letter drafted by CDALC opposing the proposal to abolish the current system of dealing with the suffix DOM planning applications. 

iv)   Planning Applications to be Decided 

BI/13/01773/FUL Yendor Farm Hundredsteddle Lane Birdham

Clear all existing buildings from site and erect two single-storey detached dwellings.

This is an application on a brown field site upon which there are currently a number of dilapidated farm buildings which are to be cleared and replaced by two imaginative and ecologically sensitive, single storey detached homes.

There are concerns on this site which have already been highlighted by the applicant, namely the potential heritage issues – possibility of a Roman Road - and nature conservation. The other major concern is the flood risk, and whilst the proposal does not require an FRA, nonetheless flooding does occur in this area and is of concern to local residents.

The Parish Council considers that this is an application that they can support but, would suggest that at least two conditions are imposed to retain the open views across the site and to ensure that all ditches on the site are properly cleared and if necessary deepened. 

Birdham Parish Council raises No Objection to this proposal. 

BI/13/01880/TPA Church Farm House, Church Lane, Birdham 

Tree works to 1 in no Horse Chestnut Tree (T5) subject to TPO BI/04/00041/TPO

The Parish Council has no expertise on the treatment of trees so is content to pass the final decision to the Chichester District Council Tree Officer. 

BI/13/01994/FUL Moorings, Westlands Lane Birdham 

This is an application to vary the boundary fence and access to replacement dwelling approved under BI/13/000680/FUL. To erect a garden shed, greenhouse, pergola and associated landscaping works. To amend the garage approved under BI/13/000680/FUL.

1 - Boundary Fence. – The application seeks permission to replace the approved fencing with a combination of fence panels fronted by hedging leading into an improved design gateway comprising brick with inset flint panels and permeable driveway material north of the new gates, but matching tarmac and granite sets to the driveway south of the gates. In addition it is proposed that the gate to the north of the property used to enter the footpath is redesigned to allow for the removal of the approved wall and fence on the south side and remove the curved wall to the north of the gate, both to be replaced by hedging and close boarded fencing to the rear of the hedge.

2 – To erect a garden shed, greenhouse and pergola with associated landscaping.

3 – To amend the Approved Garage – The amendment to the garage is a simple change to the location of the door to the store from an external wall of the store to the north garage wall and opening the wall from the garage to the store.

Birdham Parish Council has decided to raise no objection to the requested amendments but would request that a condition is imposed to prevent the hedges on the property becoming too tall and unkempt but sufficiently tall enough to reduce the imposition of the shed roof. 

It was resolved to instruct the Clerk to forward the decisions of Birdham Parish Council to DC Planning

i)    Delegated Decisions to be noted

BI/13/00889/FUL Mr Walter Back Wophams Lane Nursery Wophams Lane Birdham

Extension to existing glasshouse. PERMIT 

BI/13/01198/LBC Mr D Segel Chaffinches Farm Main Road Birdham

Single storey rear extension and internal alterations porch over rear door. PERMIT 

BI/13/01197/DOM Mr D Segel Chaffinches Farm Main Road Birdham

Single storey rear extension and internal alterations porch over rear door. PERMIT 

BI/13/00993/FUL Miss Rachel Huskisson Houseboat Water Gypsy Chichester Marina Birdham Replacement houseboat. PERMIT 

BI/13/01455/DOM Michael Marsdin Oakdene  Sidlesham Lane Birdham

Demolition of existing garden shed and construction of detached garage. PERMIT 

It was resolved to note the delegated decisions

36-13 To consider the security of the Village Hall car park in order to prevent Traveler incursion.

The Clerk said that since the last incursion he had been giving the security of the playing field careful thought and then realised that it would be better to secure the village hall car park. He suggested that with the approval of the Village Hall Trust height restriction barriers should be placed at the entrance to the car park and areas of the fencing should be strengthened and, whilst he felt that any really determined effort to get in could be successful, this should be the way forward. He then said that he felt that with the VAT refund that the Council had received, the security of both the Village Hall car park and the playing field could be enhanced. He asked that the Parish Council grant him executive powers to follow this up and to allocate the VAT refund up to £2000.00 to provide this security. 

After a short debate it was resolved to grant the Parish Clerk executive powers and funding up to £2000.00 to provide security to the Village Hall car park and the playing field. 

37-13 Correspondence – Not previously circulated:

i) A letter had been received from a local resident asking that the Clerk put the residents’ daughter and grandchildren on the waiting list for a property in the proposed site off Crooked Lane. The Clerk had responded saying the no planning permission had been granted and even if it had it was the responsibility of CDC to determine who the occupiers would be.

ii) A letter had been received from a resident complaining about the condition of the bus stop on the northbound side of the Birdham Straight. The Clerk had responded saying that Parish Council were not the owners of the shelter but that he would find out who was and see if anything could be done. 

38-13 Reports:

i)      Play Area and Playing Field. – There was nothing to report on the playing field but, the play area should have had its annual RoSPA inspection carried out but for some reason it was missed. The Clerk had re-booked the inspection.

ii)     Village Green and Pond – it had been reported that one of the trees was looking rather ill. Our tree expert was called in and condemned the tree. He followed this up with a quote to remove the tree and its stump for £275.00.

It was resolved to accept the quotation and authorise the Clerk to get the work done.

The RoSPA inspection on the pond had been carried out with only minor recommendations.

iii)    Condition of Village Ditch/Drain Network. – The Chairman wished to thank all residents in Florence Close who helped in getting Hyde to clear the waste ground and ditch that they owned. A considerable amount of rubbish was removed leaving the area cleaner and tidier than it has looked for some considerable time.

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

v)    Communication Working Groups – The next newsletter is well under. Mr Chamberlain has started a community web site and has managed to get a local noticeboard in the shop. The website NP4Birdham is up and running but does need more work and populating with the correct information.

vi)   Other - There was none. 

39-13 Reports of meetings attended by Councillors;

          There was nothing to report.

40-13 Dates of Next Meeting:


16th September 2013 at 7pm in Birdham Village Hall






                        Signed ___________________________   Dated ____________________




Annex A


Birdham Parish Council

Financial Statement as at 15th July 2013


Bank Accounts as at 31st March 2013


Receipts to date


Expenditure to date




Represented by;

Current Account (Barclays Community A/c)


Deposit Account (Barclays Premium Business A/c)


National Savings





Reserve @ 50% of Precept


Loan Reserve for half year


Outstanding Cheque/s -





Available Funds



Clerk to the Council

15th July 2013

Payments to be considered

B Geary (Litter Picking)


Clerks Expenses


M H Kennedy & Son (grass cutting)


Thomas Eggar (Land Registration)


Playsafety (RoSPA)


Southern Electricity (street lights)


A Dover (Village Green/Bus Stops)


Chichester Tree Services