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Correspondence Received, Replies Sent and Clerk's Reports

AGENDA ITEM 22

Clerk’s Report for Meeting to be Held on

15th June 2010

Correspondence Received

SUMMARY OF DECISIONS REQUIRED (Details in Report):

To note receipt of an invitation for the Chairman and Clerk to attend the Stithians Watersports Centre to meet the Earl of Wessex on 16th July 2010.

To take whatever action is considered necessary following a complaint about Foundry Bus Shelter.

To note impending consultation by Cornwall Council on the Cornwall AONB Management Plan Review.

To note that a report on Queen Elizabeth II Playing Fields will be presented to the July meeting.

REPORT:

Since the last meeting, the following correspondence has been received:

Date Type From Subject Action Taken/Requested
26th May Letter South West Lakes Trust Invitation See Section 1 of Report
6th June E-mail Mary Godwin Foundry Bus Shelter See Section 2 of Report
8th June E-mail Cornwall Council AONB Management Plan Review See Section 3 of Report
7th June E-mail Fields in Trust Queen Elizabeth 11 Playing Fields See Section 4 of Report

The Chairman and I have both received invitations to attend an event at the Stithians Watersports Centre on 16th July to celebrate ten years of the Trust and five years of the Stithians Centre in the presence of the Earl of Wessex. Both of us intend to be there.

Appendix 1 to this report contains an e-mail and pictures received relating to Foundry Bus Shelter. I have forwarded it to the police and ask that Members further consider the matter.

I have received advance warning of consultation on the review of the Cornwall AONB Management Plan which will take place between the end of July and the end of September. As there is no meeting in August, members will not be able to formally consider it until the September meeting, which is towards the end of the consultation period but I intend to circulate it to members for prior consideration as soon as I receive it.

This is also by way of advance warning to Members, this time of the proposal to create Queen Elizabeth II Playing Fields to celebrate the Queen’s Diamond Jubilee in 2012 in the same way as King George VI ones were created. The scheme has been launched by its Patron, Prince William but I have yet to ascertain what parish councils need to do in order to participate. I shall report more fully to the July meeting. In the meantime, members may wish to visit the website www.qe2fields.com or their Facebook page The Queen Elizabeth II Fields Challenge. I shall report more fully to the July meeting.

 

JV Calvert

Clerk

9th June 2010

 

Clerk’s Report for Meeting on 18th May 2010

Summary of Decisions Required (Details in report):

To note the information provided re Tregolls Common.

To approve the Council’s Final Accounts for 2009/10, subject to internal audit as detailed in the report and the appendices.

To approve the answers to questions in the External Auditor’s Return as detailed in the report.

To note the information provided re grass cutting in the Lower Churchyard.

Report:

12.1 Tregolls Common:

I have nothing further to report. As Members are aware, the matter is not now likely to be heard in Court again until possibly July and members have agreed to defer any further consideration of the matter until such time as the outcome of the case is known.

12.2 Final Accounts for 2009/10:

Appendices 1, 2 and 3 to this Report show the Council’s financial position as at 11th May. As we are at the start of a new financial year, there are no significant variations and I do not therefore propose to go into further detail in this report but will be pleased to answer any questions at the meeting.

12.3 Grass Cutting – Lower Churchyard:

Following your last meeting, I wrote to the PCC on 22nd April in accordance with Minute 06/04/10(3-6). I have also sent an invoice in the sum of £350. I have been informed that the matter will be discussed at the PCC meeting on 20th May.

JV Calvert,

Clerk

11th May 2010

AGENDA ITEM 14.5

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Clerk’s Report for Meeting to be held on 18th May 2010

ENFORCEMENT

Decision Required:

That this report be accepted and its content noted.

To take whatever further action Members consider necessary in the light of the content of the report.

Report:

Progress is reported below.

Caravans at Tregolls Cottage (KAS/EN06/00384):

As I reported to your last meeting, the enforcement procedure is still progressing. I have a copy of the witness statement sent to CC legal department which sets out in chronological order the actions taken by the Case Officer, all of which have been reported to Members previously. I shall report any further information I receive to your meeting.

The Paddocks, Penhalvean (PJB/EN09/00218):

I advised your last meeting that an application is to be submitted by the end of the month (April) seeking temporary permission for a caravan for three years. The application will also have justification for keeping bees, which is an agricultural use. The currently occupied storage building will be used for purposes ancillary to bee keeping and the application will also cover these uses. At the time of writing this report, I was unaware of any such application but will report anything further at your meeting.

Higher Nanpean Farm (CS/JH/EN08/00069):

As reported to your last meeting, the owner is (still!) suggesting a further planning application to retain the buildings. CC are continuing to progress Enforcement and this will be reviewed at such time as an application is received.

Carncrees Farm (CS/EN08/00396):

Although this particular matter is closed, as I have previously stated, I shall leave it in the report as Cornwall Council are, they say, informally monitoring the situation. Indeed, as I reported to the April meeting, they have visited the site and the caravan remains but with no evidence of occupancy. CC wish to be informed if this changes.

Penhalvean Pottery (PJB/EN09/00312):

As reported in April, the site has been visited and an update was promised. Having heard nothing, I requested the promised update on 29th April and received the following response:

There is a static caravan situated on an area of grass opposite the farmhouse.  This is within the residential curtilage of the property.  I have seen inside the caravan, and I can confirm that it is not being occupied on a permanent basis.  The owner has confirmed that it is used occasionally for family and friends when visiting, as ancillary accommodation.  There is no running water connected to the caravans and guests must use the bathroom facilities within the dwellinghouse.  They would also use the dwellinghouse for preparing meals etc.  This is considered to be an ancillary use to the main dwellinghouse and as such planning permission is not required.

There is a small touring caravan which is stationed just outside the area of grass upon which the static caravan is situated.  This is used as a private space for the daughter’s boyfriend to listen to music etc.  There are no washing or cooking facilities whatsoever in the caravan.  The use is considered to be ancillary to the dwellinghouse and if it were situated within the residential curtilage of the dwellinghouse it would again be permitted.  This touring caravan is not situated within the curtilage of the dwellinghouse, however, when considering the close proximity to the accepted curtilage and its well screened position it has been considered that it is not expedient to pursue at this point in time as he could simply move it 5-6 metres and it would not require planning permission. 

Therefore, I am satisfied that there is no permanent residential use of caravans at this site and our enforcement file on the matter has been closed accordingly.

Static Caravan on Land opposite Tremenhere Farm (KAS/EN0900402):

As Members are aware, this caravan should have been removed by the end of February and I informed the April meeting that CC were considering "formal removal".

Polkanuggo Farm:

As stated to the February meeting, motor cycling is allowed as a temporary use for up to 14 days in any calendar year. I trust Members will be continuing to monitor the situation over the coming months! The latest information I have (from the March Minutes) is that motorcycling activities had so far this year taken place on three occasions and that a caravan had appeared on the site.

Trebarveth, Ponsanooth (KAS/EN09/00416):

As reported to the April meeting, a response from Development Management was still awaited. Having heard nothing, I sent a reminder on 29th April with another on 10th May.

Hatchintan, Carncrees (GR/EN10/00013):

As Members are aware, the application for this site has been refused but is likely to be appealed. I shall leave the item in the report lest activities commence again.

Kennall Mill:

As reported to the April meeting, a response from the Conservation Section was still awaited.

Having heard nothing more, I requested an update on 29th April with another on 10th May.

Sunnyside, Foundry:

As reported to the April meeting, the site has been visited but a further visit is needed to gain access to the shed to see what it is being used for.

South Cottage, South Road:

I reported to the April meeting that there appears to be small business use. Enforcement are to consult Development Management about the likelihood of planning permission. I await further information

Work to Trees:

This matter is now covered under the Tree Warden’s report and will be removed from this report.

Four Acres, Carn - Mr J Burton (KAS/EN10/00097):

As I reported to your last meeting, this site had been visited and no evidence of occupation was found. As instructed at the April meeting (Minute 11/04/10(2)), I suggested that a visit be made at night and without warning. Having entered into further dialogue with the officer involved, it transpires that she did make an appointment as she had visited twice in the mornings rather early and there was no car and no one living in the stable.  The owner has a residence and is now fully advised that this building does not have residential use and he should not really stay over night.  She has advised him that if he does stay overnight on the odd occasion, this would be allowed maybe once a month but he must keep a record. As she pointed out, the main aspect here is whether or not he uses the stables as a permanent residence and this is clearly not the case at present. No doubt the PC will be informed if matters change.

Use of Land at Carn for the Dismantling of Cars:

I have now had a response from Andrew Stott in the Natural Resources Team on this matter. The site has been visited and there were only 5 cars present. From talking to the owner the following was found:

    - they were their own personal cars and had not been imported to the site;

    -the Volvo would be taken to a scrap yard soon;

    -two further of their cars had broken down and were being worked on by her husband in a bid to get them back on the road;

    -the four wheel drives were used regularly.

In these circumstances Mr Stott has advised the Council's Area Planning Team that on this small scale and without there being evidence of importation and a throughput of vehicles or parts he does not consider that the site comprises a carbreakers/scrap yard, which would have been a matter for his section to address and that as a result he has referred it back to the Area Planning Team to address.

Crane Garage, Longdowns:

As advised to the April meeting, I have requested that these premises be visited. Having had no response to my request, I sent a reminder on 29th April with another on 10th May. On 12th May I was informed that the site would be inspected and that I would be informed "in due course".

I will report anything further that I might receive in relation to any of the above at your meeting.

JV Calvert,

Clerk 11th May 2010

 

 

AGENDA ITEM 14.6

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Clerk’s Report for Meeting to be held on 18th May 2010

Decision Required:

That this report be accepted and its content noted.

Report:

14.6 LICENSING:

Having checked Cornwall Council’s website, I am not aware of any applications affecting Stithians.

For Members’ information, the link is:

www.cornwall.gov.uk/default.aspx?page=21173

14.6.1. Stithians Showground:

As instructed under Minute 12/04/10(2), I asked Yvonne toms for an update as to progress with the drafting of the hire agreement for the showground. She informed me that on 26th April, their solicitor suffered a major stroke and things are "in limbo" at present. She advised that she would be in contact as soon as she knew anything further. She now informs me that he has died and that she will be in touch as soon as she has any further information.

JV Calvert,

Clerk

11th May 2010

AGENDA ITEMS 14.7 – 14.9

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Clerk’s Reports for Meeting to be Held on 18th May 2010

 

SUMMARY OF DECISIONS REQUIRED:

To note and accept the content of the report.

To agree who should attend the Local Council Planning Forum on 19th June.

To agree on attendance at various Planning Training events.

To note the final version of the Planning Protocol received from Cornwall Council.

REPORTS:

14.7 Cornwall Council Planning Forum:

Members will recall that at the last meeting it was resolved that I book a place for Cllr P Tisdale to attend the meeting of the Local Council Planning Forum at New County Hall on Saturday 19th June (minute 13/04/10(2) refers). This I did but, as Members are well aware, the AGM will have been held by the time this item is considered and there may well be another Portfolio Holder or someone else wishing to attend. I therefore seek clarification of the attendee.

14.8 Planning Training:

This item was deferred from the April meeting pending the outcome of the AGM. Appendices 1 and 2 to this report give details of the training on offer and Members will note that two delegates can attend; any more would incur a charge of £5. I should be pleased to learn at your meeting, which Members wish to attend

14.9 Planning Protocol:

I have received from Cornwall Council the final version of the Planning Protocol which was approved by the Planning Procedures Panel at its meeting on 6 April and will take effect immediately.

The covering letter and a copy of the Protocol are attached as Appendices 3 and 4 to this report.

 

JV Calvert

Clerk 11th May 2010

AGENDA ITEMS 16.2 – 16.7

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Clerk’s Reports for Meeting to be Held on 18th May 2010

SUMMARY OF DECISIONS REQUIRED:

To note and accept the content of the report.

To agree any further action as may be necessary after consideration of the report and any further information presented at the meeting.

REPORTS:

16.2 Litter:

At the time if writing this report I had no further progress to report and was still awaiting Cllr Nightingale’s report (Minute 16/04/10(2) refers).

16.3 Notice Boards:

As Members are aware, Cllr Nightingale advised the April meeting (Para 19.1.2) that his report on notice boards was "in hand." At the time of writing this report, it was not forthcoming.

16.4 Refurbishment of Fingerposts & Milestones:

Still no progress, I’m afraid. I shall do it as soon as I can. Cemetery negotiations and end of year accounts have taken preference!

16.5 Gribbas Corner:

Tyrone Martin has now completed this work and has indicated that he will submit his invoice in the sum of £30 in time for your meeting.

16.6 Longdowns Notice Board:

Hopefully Cllr P Tisdale will report verbally on this matter at your meeting.

16.7 Longdowns Bus Shelter:

Following your last meeting, I instructed Tyrone Martin to repair the outside skin (Minute 19/04/10(3) refers). I am unsure at present whether or not it has been done.

16.8 Toilets:

The Ladies’ toilet remains closed due to vandalism. A new toilet pan has now arrived and will appear on LA Phillips’ account to the tune of £35. Tyrone Martin is to obtain a toilet seat from B & Q along with any necessary pipe fittings and hopes to have the work completed by the date of your meeting. The total overall cost is not expected to exceed £100.

16.9 Celtic Cross:

I was due to meet Andrew Langdon, who is to straighten the cross and Mr Watkins in whose garden it is situated on 13th May and will report verbally at your meeting.

JV Calvert

Clerk 11th May 2010

Appendix 1 to AGENDA ITEM 17.1

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NOTES OF PLAYING FIELD PROGRESS MEETING HELD ON

TUESDAY 4th MAY 2010

Present:

(NP) Councillor Neil Potter – Playing Field Portfolio Holder

(JVC) John Calvert - Clerk

(TM) Tyrone Martin – Playing Field Caretaker

Notes of Meeting:

As has become normal practice, the notes of the previous meeting were used as an agenda with any other items included at the end or as necessary. This month’s meeting was held on the playing field in order to consider the findings of the recent safety inspection.

New Play Equipment:

Note from previous meetings still applies:

As previously reported, CC will take the issue of formation of a youth group to VHMC who have shown some interest in this. If such a group is formed they may then seek provision of new equipment via Parish Council as the owners of the Playing Fields. If the initiative comes through such a group CRCC consider that funding will be more readily provided. All depends upon enough interest being shown to form a youth group and the VHMC are currently considering possibilities. No further progress as far as is known at present. One can only assume that the matter has stalled.

Caretaker’s Store:

Note from previous meetings still applies:

As previously, TM had not yet spoken to Cllr Denis Nightingale about the use of one of his buildings. At present he is undecided as to whether to accept the offer.

Fencing to Ennis & Carbis:

TM provided quotation of £70 for one three metre panel with posts. It had been previously decided to erect a nine metre length of fencing along the worst part of the fence to evaluate the method before deciding whether or not to continue. TM will do this ASAP. It was confirmed by a site inspection that the work is required urgently.

Sky Saw:

As reported previously, a rubber buffer was needed. TM had found the old one and hoped to be able to re-use it. Another is now missing and cannot be found. TM is considering the best option and it is hoped that the work will be completed by the date of the next meeting at very little cost.

Tennis Court:

New sign for tennis court is included under "Signage"

Dog Fouling in the New Playing Field:

As before, TM continuing to monitor the situation. Signage included later in notes. This has worsened, particularly in the old playing field. Hopefully the new signs will help.

Rugby Posts – Old Playing Field:

It was noted that both sets of rugby posts had been removed from the old playing field and the holes filled.

Free Standing Slide:

TM continuing to make a thorough inspection every week in order to ensure that any deterioration is quickly identified and rectified. It features in the Inspector’s report as high risk and was inspected. The findings will be included at the end of these notes.

Regular Inspection Reports:

TM provided reports on a memory stick.

Skateboard Park:

Nothing outstanding at present

Site Inspection/Annual Safety Inspection

This had been carried out on 24th March and the report was to hand. All equipment was inspected and will be reported at the end of these notes.

Signage:

It was agreed in November to move the sign from the Toddler Play Area to the gate adjacent to the Seven Stars, replacing the tatty one used by the Rugby Club who will be able to use the existing board and to remove the existing "No Dogs" sign from the gate.

It had been agreed that four  signs should be obtained and placed as follows:

At the lower gap between the two playing fields affixed to a gate currently stored near the pavilion.

At the small gap, fixed to the RFC Scoreboard, with their permission.

At the entrance to the footpath adjacent to the tennis court, attached to the fencing.

At the playing field entrance opposite the Church, fixed to the barrier.

TM has been reimbursed for the signs in the sum of £194.91. His quotation in the sum of £65 for fixing three of the signs and the tennis court sign was accepted at the last meeting and the work will be done ASAP. He is to submit for the next meeting a quotation for the fixing of the fourth playing field sign bearing in mind that it involves the installation of a gate.

Wooden Train:

This had been identified as being in need of either repair or replacement.

TM had submitted a quote of £995 for repair which was accepted at the February PC meeting. TM will do it as workload permits.

Meanwhile TM has removed it to the pavilion.

Gate to Toddler Play Area:

TM had reported to the last meeting that this had been pulled off. This was not the first time and the "two-way" hinges from Playquest that were (rather expensively!) replaced last time needed replacing again. A gate that swings both ways was not considered necessary – rather one that opens inwards and has a stop. TM submitted a quote for this with a spring to keep it shut in the sum of £25, which was accepted.

Damaged Trees:

Following TM’s report that three trees in the old playing field had been damaged. JVC had informed Jim Lyle who was to report to the April PC meeting. He was unable to attend the meeting and it was hoped that he would report to the May PC meeting.

Annual Safety Inspection:

This report was considered item by item and the results are tabulated below.

Equipment

Fault

Risk Level

Resolve by

Action

1 Bay 2 Cradle Seat Swing

Chain - links notched

Low

23/09/10

Monitor & fit new when necessary

1 Bay 2 Cradle Seat Swing

Seats damaged

Low

On-going

Monitor & replace when necessary

1 Bay 2 Flat Seat Swing

Seats damaged

Low

On-going

Monitor & replace when necessary

Cransley Seats

Fixing missing

Low

23/09/10

Replace

Scale swing

Bolts projecting on top of arms

Low

23/09/10

Do when opportunity arises

Scale swing

Buffer missing

Low

24/06/10

In hand

Scale swing

Surface needs repair

Low

23/09/10

Investigate cost. To include others.

Scale Swing

Chain Links Worn

Low

On-going

Monitor & replace when necessary

Scale Swing

Rusting in places

Low

On-going

Clean and paint

Scale Swing

Shackles & Bushes need servicing

Low

On-going

Monitor & replace when necessary

Sputnik

Seats rotting

Low

23/09/10

Replace 2 in marine ply

Sputnik

Surface needs repair

Low

23/09/10

Investigate cost. To include others.

Sputnik

Wear in top bearing

Low

On-going

Monitor & replace when necessary

Multiplay Entrance

Ground eroded

Low

23/09/10

No action at present

Multiplay Slide

Possible entrapment

Low

23/09/10

Infill with wood

Multiplay Surface

Needs repair

Low

23/09/10

Not considered a problem

Multiplay Surface

Edges have shrunk

Low

23/09/10

Not considered a problem

Multiplay Surface

Moss on surface

Low

24/06/10

Treat as necessary

Climbing Wall

Fix climbing ropes at each end

Low

On-going

Not considered necessary

Climbing Wall Surface

Grass, Moss, Weeds

Low

On-going

Not considered a problem at present but monitor

Tower Slide Surface

Impact area less than required

Low

On-going

It isn’t – grass is growing through it as it is supposed to!

Equipment

Fault

Risk Level

Resolve by

Action

Igloo Surface

Insufficient Area

Low

On-going

May consider at future date

Igloo

Grass, Moss, Weeds

Low

On-going

Not considered a problem at present but monitor

Igloo

Hard or sharp projections

Low

On-going

Can’t remove – they are bolts!

Timber Multi-Climber

Fibreglass "eggs" showing signs of UV degradation

Low

On-going

Monitor & replace when necessary

Timber Multi-Climber

Timber showing signs of wear

Low

On-going

Monitor & replace when necessary

See Saw

Side panels rusting, linkage wearing. Limited Life

Low

31/03/12

Rust not identified. Monitor wear in linkage. See note at end

See Saw

Safety Surface laid to varying levels

Low

31/03/12

Surfacing was changed as result of previous inspection. See note at end

Slide

Ground eroded

Low

24/06/10

Not considered a problem & difficult to rectify. See note at end

Slide

Limited Life

High

Now

See note at end

Slide

Inadequate safety surfacing

High

Now

Can’t be rectified

See note at end

Carousel

Limited Life

Low

01/04/14

Replace missing nut. See note at end

         

SK8

Graffiti

Low

23/09/10

Monitor and only remove if offensive or it becomes excessive

SK8 Sign

Unreadable

Low

23/09/10

Important bit IS readable – replace in due course

SK8 Grind Box

Concrete wearing

Low

On-going

Not excessive at present – Monitor and rectify when necessary

SK8 Flat Ramp

Bolts projecting on hand rail

Low

On-going

Grind off

SK8 Half Pipe

Bolts projecting on hand rail

Low

On-going

Grind off

Life Expectancy of Play Equipment:

Slide:

Successive inspections have advised that the slide is at the end of its useful life and have pointed out that the general condition is "not good with excessive wear on the steps, step fixings and fish plate detail". This inspection was no different and, although wear is evident, the site inspection once again gave no cause for alarm save the fact that there was evidence of corrosion on the handrails but nowhere near as bad as the report would lead one to believe. The report advocates immediate replacement as it has reached the end of its useful life. There is no doubt that this is one of the most popular pieces of equipment and whilst there is also no doubt that it will need replacement at some point in the future, those present felt that there is still some life left in it as long as it is monitored weekly and well maintained.

Carousel:

This is another piece of equipment that the inspector has taken a dislike to because of its age. She has suggested that it ought to be replaced by 2014 but, like the slide, it is extremely popular. As long as it is well maintained, it should be OK for longer.

See Saw:

This is something else that the Inspector says should be replaced. She has identified rust on the side panels, but our site inspection did not agree. She also found wear in the linkage which, whilst present, is not excessive and will be closely monitored. This is another popular piece of equipment.

Next Meeting:

The date of the next meeting was agreed as Tuesday 8th June 2010 at 2pm.

John Calvert,

Clerk 5th May 2010

AGENDA ITEM 22

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Clerk’s Report for Meeting to be Held on

18th May 2010

Correspondence Received

SUMMARY OF DECISIONS REQUIRED (Details in Report):

To agree, subject to the usual conditions and disclaimers to the Stithians Methodist Junior Church holding a picnic and act of worship on the playing filed on Sunday 27th June 2010 and to advise them to contact either the Bowling Club or the Rugby Club as regards an electricity supply.

REPORT:

Since the last meeting, the following correspondence has been received:

Date Type From Subject Action Taken/Requested
28th April E-mail Stithians Methodist Junior Church Use of Playing field See Section 1 of Report

I have received an e-mail seeking permission to use the playing filed on Sunday 27th June for an act of worship to celebrate the Junior Church Anniversary. Although still in the early planning stages it is anticipated that the event would start at around 5pm - possibly with a picnic tea followed by an hour / hour and a half of worship activities and live music. With regard to music, I have been asked if I am able to advise as to whether or not there are any facilities to provide power for amplification.

JV Calvert

Clerk

11th May 2010

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Chairman's Report Stithians Parish Council 2010

 

This last year has seen some changes on the Council and we again are looking for residents to take up the challenge of working to try and improve the life of the community.

As this has been my last year as Chairman I would like to thank all the many people who I have had the pleasure of working with, for their support and professionalism that makes the job of Chairman so much easier. It is with some sadness that I must relinquish the position of Chairman and have every confidence in my successor as any of the Members of the council will make an excellent chair.

The Council has many challenges still ahead and together I know that we can make a difference to the community.

Neil Potter

Chairman Sept 2006 – May 2010

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AGENDA ITEM 15

CLERK’S REPORT FOR MEETING TO BE HELD ON

20TH APRIL 2010

PROVISION OF ADDITIONAL CEMETERY SPACE

DECISION REQUIRED:

To note and approve the content of this report.

To defer consideration of the alternative offer from the Glebe to the confidential part of the meeting on the grounds that information of a sensitive nature is likely to be discussed.

REPORT:

Land Acquisition:

As reported to your last meeting, Colin Benney, Area Valuer, Cornwall Council was to meet James Humphreys, the Agent representing the Glebe Committee, on 26th March. This meeting took place and Mr Humphreys was adamant that they would resist the sale of the land in question.

Another site has been suggested, however, and because nothing has been communicated officially, I believe this offer should be considered confidentially at the end of the meeting.

 

JV Calvert

Clerk

13th April 2010

 

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AGENDA ITEM 14.7

CORNWALL COUNCIL PLANNING LIAISON GROUP

DECISION REQUIRED:

To note and approve the content of the report.

To decide who should represent the Parish Council on the Local Council Planning Forum, the first meeting of which is to be held on Saturday 19th June.

 

REPORT:

As Members are aware from the minutes presented to your last meeting, a meeting with all 213 Parish and Town Councils was to be arranged with a view to setting up a Local Council Planning Forum. This was actually mooted some time ago and Cllr Barkhuysen was nominated to attend.

The Planning Liaison Group has now been disbanded and is to be replaced by the afore-mentioned forum, the first meeting of which is to take place on Saturday 19th June from 9.30am to 4pm at New County Hall. The letter of invitation is attached as Appendix 1 to this report and contains some further details.

Each Council is invited to send one representative and I ask that Members decide who should attend.

 

JV Calvert

Clerk 8th April 2010

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AGENDA ITEM 14.6

Clerk’s Report for Meeting to be held on 20th April 2010

Decision Required:

That this report be accepted and its content noted.

Report:

14.6 LICENSING:

Having checked Cornwall Council’s website, I am not aware of any applications affecting Stithians.

For Members’ information, the link is:

www.cornwall.gov.uk/default.aspx?page=21173

14.6.1. Stithians Showground:

No further progress to report at present.

JV Calvert,

Clerk

14th April 2010

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AGENDA ITEM 14.5

Clerk’s Report for Meeting to be held on 20th April 2010

ENFORCEMENT

Decision Required:

That this report be accepted and its content noted.

To take whatever further action Members consider necessary in the light of the content of the report.

Report:

Progress is reported below.

Caravans at Tregolls Cottage (KAS/EN06/00384):

As I reported to your last meeting, the site was visited on 22nd February and it was established that compliance had not been made.  Jon Pender and Kirsty Smith were to meet the owners with their Planning Agent on site in the first week of March. They would appear to be trying to claim some agricultural permitted development use of the caravans and they are going to site to give them a fair hearing and then return for Legal Advice as they are now at prosecution stage.

That visit was cancelled by the agent who now ‘washes his hands of the owners’.  The Badcocks were invited to attend an interview under caution.  Their agent advised they had contacted him on receipt of this letter and were upset and worried but they failed to attend.  A further letter was sent asking the questions that would have been put in the interview but this also has had no reply. A statement has been forwarded to the CC legal team for consideration of prosecution for these caravans. This was the situation as at 1st April. Cllr Plummer is pursuing the matter and keeping me informed. If I have any further information at the meeting, I shall report verbally.

Trelan (PJB/EN06/00236):

When the site was visited for compliance with the enforcement notice it was found that the building is now empty of flooring materials and indeed, the business has re-located therefore the change of use breach has ceased. 

Further negotiations have resulted in agricultural justification for the remaining portacabins, and further to the removal of advertisements on the land and the building the file is now closed.

The Paddocks, Penhalvean (PJB/EN09/00218):

I advised the October meeting that the occupants have requested a meeting to discuss the possibility of a planning permission. I do not know if Glen Reed has progressed this matter.

As Members are aware, on 24th February, Cllr Plummer contacted Cornwall Council to report the appearance of a sign stating "THE CORNISH HONEY BEE FARM PENHALVEAN STITHIANS 01209 861524". He was promised an update but having heard nothing further, he contacted the Officer’s Line Manager on 7th April who instructed that a response be sent within 24 hours. On 8th April, he received the following:

The applicants for the piggery and the bee keepers are the same people. The piggery building was never used as such and is now used as a store.

I do not know how many hives there are; that information will be in the application. If we do not receive an application by the due date we will issue a Planning Contravention Notice to get this information.

If a temporary caravan is approved, the occupied storage building will be vacated.

Cllr Plummer has since asked the following:

What is the due date that you give for receiving the planning application?

Could you put a note on file that I be consulted specifically on this matter by the case officer if the planning application comes in.

In the last 10 months have we taken any decisions for direct action?

 What happened to the decision made by Kerrier Planning Committee to take direct action? And what happened to influence the change in this decision made by the members of the committee?

How long has the Honey Farm been operating as such? I.e. selling bee produced products?

At the time of writing this report, I was not aware of any response.

Higher Nanpean Farm (CS/JH/EN08/00069):

As reported to the February meeting, the site visit took place, although access was not possible. Photographs were taken for record purposes and the two sets of gates were observed, although they appeared to be less than 2 metres in height. This will be checked at the formal inspection which, as far as I am aware, has yet to be arranged.

There has been no further contact from Mr Driscoll. Neither has he submitted a Planning Application.

On 8th April, I asked Cornwall Council for an update.

In the meantime, Cllr Plummer has asked for an explanation as to who takes the decisions about whether to prosecution or take direct action and also asked whether this was up to elected members. He also wanted to know whether direct action is still taken.

He received the following response:

The enforcement strategy and delegation arrangements provide that where a case is likely to involve significant expenditure (£100,000 or more) to remedy the breach, the matter will be referred to the relevant Area Planning Committee. Otherwise the decision to take direct action rests with the ‘designated officer’. In reality this would mean that if the expenditure was less than the £100,000, the decision would need to be taken at a budget holder level.

The decision to take prosecution rests with an assessment of the legal case based upon the quality of the evidence to support the case and achieve a conviction. It also needs to be remembered that a conviction may not achieve compliance, although in some cases the threat of prosecution would bring that about.

The choice of whether to prosecute or take direct action is often difficult. An additional difficulty is that in taking direct action the Council may not be able to recoup the expenditure in the short term. We will take direct action but we need to pick our cases to ensure that we get value for money and target those issues casing most harm in planning terms.

I have yet to receive a response to my communication.

Carncrees Farm (CS/EN08/00396):

Although this particular matter is closed, as I have previously stated, I shall leave it in the report as Cornwall Council are, they say, informally monitoring the situation.

On 8th April, I asked Cornwall Council for an update.

Penhalvean Pottery (PJB/EN09/00312):

As previously reported, this matter was to be reallocated in the week commencing 15th February. Having heard nothing, I asked on 8th April for an update.

Static Caravan on Land opposite Tremenhere Farm (KAS/EN0900402):

This caravan should have been removed by the end of February.

Again, I have heard nothing so asked on 8th April for an update.

Polkanuggo Farm:

As stated to the February meeting, motor cycling is allowed as a temporary use for up to 14 days in any calendar year. I trust Members will be monitoring the situation over the coming months!

Trebarveth, Ponsanooth (KAS/EN09/00416):

I have nothing to add to the following information presented to the February meeting:

This appeared on a recent Enforcement List and relates to "Breach of Condition to Decision Notice PA08/01606/F". I have no further information at present. Further e-mail sent on 5th February with the response that a reply should be forthcoming in time for the meeting. That reply was as follows:

Details have been received to discharge the relevant conditions. They are currently being considered by colleagues in Development Management.

I requested an update on 8th April.

Hatchintan, Carncrees (GR/EN10/00013):

The following information received from CC was reported to the February Meeting:

The site has been visited; a small gypsy caravan is stored to the back of the land with what looks like a small shed beside it, to the front of the land on the right a single portable toilet has been installed.  The land shows evidence that a new service has been installed as a line across the land to the toilet block area shows disturbed earth. It is reported that water has been installed recently.  At this time there is no evidence of residential use.

It is understood that the application will be reported to the March meeting of the planning committee. We are drafting a notice in the event that the land becomes used residentially and permission is refused.

Whist it is not an enforcement matter, it seems logical to use this point on the agenda to update Members with progress as regards the planning Application PA08/02027/F. This was due to be considered by the Planning Committee on Tuesday 13th April. It was recommended for refusal and was, in fact, refused albeit by a very small majority. It is believed that the applicant intends to appeal against the decision.

Kennall Mill:

Following the January meeting, I reported the fact that the roof to this listed building had completely collapsed. On 5th February, I was informed as follows:

Planning Policy Guidance Note 15 states ‘There is no specific duty on owners to keep their buildings in a good state of repair…’ We do have powers to require urgent works to require a building to be kept wind and weather proof subject to certain criteria. I will ask conservation for further advice on this as I know that they were in discussion with the owners about the roof at one point.

Having heard nothing more, I requested an update on 8th April.

Sunnyside, Foundry:

Following the January meeting, I reported the fact that a large wooden building had appeared on the plot of land adjacent to Sunnyside. On 5th February, I was informed that investigation would commence. Whether it has or not is anyone’s guess! I therefore requested an update on 8th April

South Cottage, South Road:

Following the January meeting, I reported the fact that two wooden buildings had appeared at this property. On 5th February, I was informed that investigation would commence. Ditto!

Work to Trees:

Following the February meeting, I wrote to Cornwall Council expressing Jim Lyle’s interest in receiving training (Minute 04/02/10 refers). It transpires that the offer is also open to Members and some have expressed an interest. I was informed in an e-mail dated 18th February that training would be organised. I have heard nothing further and sent a reminder on 8th April.

Four Acres, Carn - Mr J Burton (KAS/EN10/00097):

As I reported to your last meeting, Mr Burton owns a plot of land at Four Acres where he obtained permission (PA08/01992/F) on 10th February 2009 to erect a stable and tack room. This was conditional upon it being a stable for domestic purposes only. Unfortunately, he has misinterpreted the "domestic" part and took up residence on 22nd February, a fact that he confirmed to a neighbour the next day. How many stables do you know where the lights burn long into the night behind curtains at the windows? This is clearly an enforcement matter as it is totally at variance with the planning consent and I have asked that the appropriate action be taken as soon as ever is possible and that the matter be entered on the Enforcement List. This information was sent to Peter Blackshaw on 23rd February with a reminder in the e-mail mentioned above.

I also pointed out to him that it is interesting to note that when Mr Burton was visited at the time of his application to erect a stable, he was asked, on 17th January 2009, if he planned to leave Lanefield and move to this new site at Four Acres at any time. He gave an assurance that this would not be the case and stated that he was very happy to have a condition on the planning consent restricting its use to non-residential.  What a difference a year makes – I trust he will be reminded of this fact when enforcement action ensues!

Peter Blackshaw’s response, mentioned above, was that the matter is being investigated by Kirsty Smith, who should be visiting within the next week and will give an update after that. I received a letter from Kirsty dated 5th March stating that the matter has been formally registered and that she would endeavour to visit the site within 10 working days.

Having had no further response, I asked on 8th April for an update.

Use of Land at Carn for the Dismantling of Cars:

As reported to the March meeting, several cars are being stored in a field adjacent to Dam Bungalows, at least one of which is being dismantled, and I have asked Peter Blackshaw in an e-mail dated 23rd February whether this is an appropriate use for what is supposed to be agricultural land. I also informed him that I am led to believe that the field in question is owned by the owner of 3 Dam Bungalows. Having had no response, I sent a reminder on 3rd March. His almost immediate response was to inform that he had referred the matter to Andrew Stott in the Natural Resources Team to investigate. I have not as yet had a response. I sent a reminder on 8th April.

I will report anything further that I might receive in relation to any of the above at your meeting.

JV Calvert, Clerk 14th April 2010

=========================================================================================

Clerk’s Report for Meeting on 20th April 2010

Summary of Decisions Required (Details in report):

To note the information provided re Tregolls Common and to defer further consideration of the matter until such time as the result of the court case is known.

To approve the Council’s Final Accounts for 2009/10, subject to internal audit as detailed in the report and the appendices.

To approve the answers to questions in the External Auditor’s Return as detailed in the report.

To note the information provided re grass cutting in the Lower Churchyard.

Report:

12.1 Tregolls Common:

The Chairman and I met Mrs Hamilton on 13th April. She gave a little more detail of the court case, which is on-going - there have now been two hearings. It is not now likely to be heard again until possibly July but I see little point in the Council considering the matter further until such time as the outcome of the case is known.

12.2 Final Accounts for 2009/10:

Appendices 1, 2 and 3 to this Report show the Council’s financial position as at 31st March and therefore represent the Final Accounts for 2009/10 as submitted to the Internal Auditor on 8th April. Members will note an increase in the balance carried forward of some £2,200 and a similar surplus of income against expenditure compared to a budgeted deficit of £9,000.

Members will also note that there are far more underspends than there are overspends, the overspends having been explained at the March meeting. Some are catered for in the 2010/11 budget and those that aren’t will be covered in the 2011/12 Budget.

The External Auditor requires the Audit Return to be submitted by 21st May i.e. only just after the next meeting. It is therefore necessary to approve, subject to the Internal Audit, the following summary which appears in the Audit Return. All figures can be substantiated by reference to the appendices.

   

Year

Ending

   

31st Mar. 09

31st Mar. 10

1

Balance Brought Forward

78,699

79,636

2

Annual Precept

46,000

46,000

3

Total Other Receipts

15,211

6,777

4

Staff Costs

11,301

11,754

5

Loan Interest & Capital Repayments

6,813

6,813

6

Total Other Payments

42,160

32,019

7

Balance Carried Forward

79,636

81,827

8

Total Cash & Short Term Investments

79,636

81,827

9

Total Fixed Assets

294,494

306,169

10

Total Borrowings

79,056

75,940

As is normal practice, it is also necessary to consider the questions asked by the External Auditor in the Audit return and these are reproduced in Appendix 4 to this report, with appropriate answers for approval as usual.

12.3 Grass Cutting – Lower Churchyard:

Following your last meeting, I wrote to the PCC on 24th March in accordance with Minute 06/03/10(3) requesting a response before the date of this meeting. At the time of writing this report, no response had been forthcoming

JV Calvert,

Clerk

14th April 2010

=========================================================================================

Devon & Cornwall AGENDA ITEM 7.1

Constabulary

STITHIANS COUNCIL MEETING POLICE REPORT

TUESDAY 20th APRIL 2010

Since your last police report for the meeting on the 16th March there have been six crimes reported in the parish. The female public toilets had a fire started in one of the bowls causing it to break from the heat, this was reported by a passing female juvenile but no persons seen. There was an assault which was domestic related and another domestic related incident which resulted in a broken window. There was a theft of cash from a wallet at the showground. There was a drink driver caught at Longdowns and a Disqualified driver caught in Stithians village.

There were no reports of anti social behaviour in the parish over this period. There was however a harassment warning notice served on one of the residents in regard to neighbour problems.

 

Pc6317 David Cook

AGENDA ITEM 22

Clerk’s Report for Meeting to be Held on

20th April 2010

Correspondence Received

SUMMARY OF DECISIONS REQUIRED (Details in Report):

To note the temporary closure of part of Kennall Valley from 4th to 10th May for cabling works.

To make a donation of £50 to Cruse Bereavement Care.

To approve the Clerk’s attendance at the SLCC South West regional Conference in Plymouth on Tuesday 18th May at a cost of £55 plus travelling expenses.

REPORT:

Since the last meeting, the following correspondence has been received:

Date Type From Subject Action Taken/Requested
25th Mar E-mail Cornwall Council Road Closure See Section 1 of Report
March Letter Cruse Bereavement Donation See Section 2 of Report
March Flyer SLCC Annual Conference See Section 3 of Report

Kennall Valley is to be closed for cabling works between the junction of Tubbin Hill and the entrance to Kennall Farm from 4th to 10th May 2010 (0730 to 1800 hours).

As reported to your last meeting, I have received the usual letter from Cruse Bereavement Care in Cornwall asking for a donation to help further their work. Members have previously agreed a donation of £50 and I re4commend that this continue this year.

As Members are aware, I usually attend the South West Regional Annual Conference in Plymouth. This year it is to be held on 18th May, the day of your meeting, but it finishes at 3.45pm so there shouldn’t be a problem. The cost will be £55 and I seek approval to this expenditure along with appropriate travelling expenses. This is worth 3 CPD points towards the ILCM. I have submitted the booking form!

JV Calvert

Clerk

13th April 2010

========================================================================================

Cornwall Council Questionnaire on Car Park Charges

The following response was agreed by Stithians Parish Council under Minute 27/03/10(4) at the Meting held on 16th March 2010.

Cornwall Council developing a new set of charges for the car parks throughout Cornwall. The aim is to ensure that charging policy is consistent across the County. It does not mean that each car park will cost the same but similar car parks in similar places will. The questions below provide us with some background information and with your views. Both will help us to make the final decisions.

Section 1: Details

Name: Mr JV Calvert

2. Address: 18 Edward Street, Tuckingmill,

Camborne, Cornwall Postcode: TR14 8PA

3. If responding on behalf of an organisation – name of organisation:

Stithians Parish Council

PLEASE ACCEPT CROSSES INSTEAD OF TICKS!

4. Do you have regular access to a car? (please tick one box)

Yes   No   n/a X

 

Section 2: Your Car Parks

5. Do you or your organisation run any car parks? (please tick one box)

Yes   No X

 

If no go to Question 7

6. Please provide the following information for each car park (this is background information for us – it may have an impact on your views). Please provide the information on all the car parks you run – continue on a separate sheet if necessary:

Name of car park………………………………………………………

Location………………………………………………………………………

Number of spaces……………………………………………………..

Charges……………………………………………………………………….

Name of car park………………………………………………………

Location………………………………………………………………………

Number of spaces……………………………………………………..

Charges……………………………………………………………………….

Section 3: Business Questions

7. Do you own a business? (please tick one)

Yes   No X

 

If no go to question 10

8. Do you believe your business relies on customers that use Cornwall Council car parks? (please tick one)

Yes   No X Don’t know  

 

9. Do you believe that the success of your business is related to the car park charges? (please tick one)

Yes   No X Don’t know  

 

 

Section 4: Shopping Questions

10. How much of your grocery shopping is carried out at (please tick the appropriate box for each location):

  0% Under 10% 11-25% 24-50% 51-75% 0ver 75% n/a (responding on behalf of an organisation)
Local shops (close to home but not in a town centre)  

 

N

 

O

 

T

       
Town/city Centres: A P P L I C ABLE
Out of town supermarkets              
On line              

11. How much of your other shopping is carried out at (please tick the appropriate box for each location):

  0% Under 10% 11-25% 24-50% 51-75% 0ver 75% n/a (responding on behalf of an organisation)
Local shops (close to home but not in a town centre)  

 

N

 

O

 

T

       
Town/city Centres: A P P L I C ABLE
Out of town supermarkets              
On line              

Section 5: Opinion Questions

It is proposed to classify the car parks within a town or individual car parks within a specific group. The table below shows those groups and the proposed towns/car parks within them:

Group 1 – Beaches

Consantine Bay

Gyllyngvase, Falmouth

Freathy

Gwithian Towans, Hayle

Porth Beach, Newquay

Watergate Bay, Newquay

Par Beach, Par

Perranuthnoe

Poldhu Cove, Poldhu

Polzeath Beach, Polzeath

Porthcurno

 

Beach Road, Porthtowan

Portwrinkle

Porthcothan Bay

Pendower, Roseland

Seaton Bridge, Seaton

Seaton Beach, Seaton

Seaton Park, Seaton

Reppers Combe, St. Agnes

Trebarwith Strand

Tregantle

Widemouth Bay

Group 2 – Coastal Villages

Boscastle

Carbis Bay

Coverack

Helford Village

Long Rock

Mousehole

 

Marazion

Polruan

Polzeath

Port Isaac

Tintagel

Group 3 – Rural Village

Blunts

Bodinnick

Bugle

Calstock

Dobwalls

Duloe

Gunnislake

Harrowbarrow

Housemans

Kilkhampton

Lanivet

Lerryn

Menheniot

Millbrook

Minions

Morwenstow

North Tamerton

Widemouth Bay

Par

Pendeen

Penhalt Cliff

Pensilva

Pentewan

Polbathic

Poughill

St Cleer

St Just (Penwith)

St Just (Roseland)

Tregonissey Lane End St. Austell

St. Blazey

St. Columb

St. Dennis

St. Neot

Stratton

Tideford

Trebarwith Strand

Group 4 – Town Minor

Bude

Cawsand

Camelford

Fowey

Hayle

Looe

Mevagissey

Newlyn

Padstow

Perranporth

Porthleven

Group 5 – Towns

Bodmin

Callington

Camborne

Helston

Launceston

Liskeard

Penryn

Redruth

Saltash

Torpoint

Wadebridge

Group 6 - Towns Major

Falmouth

Newquay

 

Penzance

St. Austell

St. Ives

Group 7 – City

Truro

 

Italics indicate those places where there is no charge for car parking in Cornwall Council Car Parks. Some towns have car parks that are charged and others that are free.

12. Do you think the towns/car parks are allocated to the correct group? (please tick one)

Yes X No   Don’t know  

 

If yes please go to question 14

13. Please state what amendments you would make:

The following table proposed charging hours for each of the groups:

GROUPS SEASON DAYS HOURS
1 – Beaches Pay & Display Summer Mon - Sun 0800 – 2000
  Winter   Free
  Manned Summer Mon - Sun 0900-1700
  Winter   Free
2 – Coastal Villages   Mon - Sun 0800-1800
3 – Villages Rural   Mon - Sat 0900-1700
4 – Towns (Minor/Coastal)   Mon - Sun 0800-1800
5 – Towns   Mon - Sat 0800-1800
6 – Towns (Major)   Mon - Sun 0800-1800
    Mon - Sun 1800-0800
7 – City   Mon - Sun 0700-1800
    Mon - Sun 1800-0700

14. Do you think the charging hours are correct? (please tick one)

Yes   No X Don’t know  

 

If yes go to question 16

15. What amendments would you make?

In towns and villages where there are shops, the first hour should be free. This will encourage local people to use these facilities for small ‘shops’ or specialist items.

Other than Truro where the demand is high year round make all free in the off season as a means to encourage business. In Truro make the rates higher in the summer than in the winter as demand is less even there. This might also spread demand to other towns thereby also reducing congestion in Truro.

Make manned and unmanned the same or convert all to pay and display. Use machines which give time pro rata so that if you only want 10 minutes you only pay for ten minutes. If you only have a pound coin you get the time for a pound not the current iniquitous system.

16. Do you think there should be different charging in the summer and winter? (please tick one)

Yes X No   Don’t know  

 

 

If no go to question 18

17. Which of the following groups should have different charging in summer and winter? Please tick all that apply.

1 – Beaches X
2 – Coastal Villages X
3 – Villages Rural X
4 – Towns (Minor/Coastal) X
5 – Towns X
6 – Towns (Major) X
7 – City X

It is proposed that long stay car parks should charge for 1 hour, 2 hours, 3 hours, 4 hours and all day. It is proposed that short stay car parks should charge for half an hour, 1 hour, 2 hours, 3 hours.

18. Is this correct? (please tick one)

Yes   No X Don’t know  

 

If yes go to question 20

19. What amendments would you make?

In towns and villages where there are shops, the first hour should be free. This will encourage local people to use these facilities for small ‘shops’ or specialist items.

Charge the same rate per hour and make sure it is a rate which is ‘change friendly’ not the current 40p and 90p, or make sure the machines either give change or time pro rata!! The current system gives Cornwall a bad name. If the machines give time pro rata and you only want 20 minutes only put in 20 minutes of money never mind a lot of confusing rates.

It is proposed that charges for long stay and short stay are the same within a group (so an hour’s parking in a long stay beach car park would cost the same as an hour’s parking in a short stay beach car park).

20. Is this correct? (please tick one)

Yes   No X Don’t know  

 

If yes go to question 22.

21. If no, what differential would you have?

Short stay should be 2 hours maximum with the first hour free. Long stay should have no limit.

22. Any other comments? (please continue on an additional sheet)

Provide Cornish residents with a card entitling them to either free or discount parking rates, as we are already paying for parking through our local taxes?

Now we have a unitary authority can we introduce a roaming car park pass to allow people to pay one charge (say per day) to allow them to visit a number of places rather than having to pay each time they park? This is a point often raised by visitors to Cornwall.

If we continue to put high charges for parking in our smaller shopping areas, as is already happening, people will go to supermarkets where parking is free rather than use the small shops.

Section 7: Data Protection

o The information you provide on this form will be held by Cornwall Council and used by us to inform the policy development process

o It will be used by parking policy staff and members of the Cabinet - Parking Policy Advisory Panel.

o Your information will not be used for any other purpose by Cornwall Council and will not be passed onto any other third party without your permission.

o Information may be collected on a database but individual responses will not be identifiable.

o In accordance with Cornwall Council’s Record Retention Policy, the information you provide on this form will be retained for a maximum of one year, after which period it will be destroyed in a secure manner.

o All personal information held by Cornwall Council is held safely in a secure environment.

Please return completed questionnaires to:

Car Park Questionnaire

Cornwall Council

Dolcoath Avenue

Camborne

Cornwall

TR14 8SX


 

Clerk’s Report for Meeting on 16th March 2010

Summary of Decisions Required (Details in report):

To note the information provided re Tregolls Common and to agree to defer any further consideration of the matter until the result of court case concerning the fence is known.

To note the Council’s current financial position and the meeting arranged with the Internal Auditor.

To note the information provided re the Clerk’s ILCM membership.

To decide upon a course of action in respect of grass cutting in the churchyard.

Report:

12.1 Tregolls Common:

I have heard nothing more from Mrs Hamilton and, as I do not know when in March the court hearing is due to take place, I have not pressed her. Hopefully, there will be something to report to the April meeting.

12.2 Current Financial Position:

Appendices 1, 2 and 3 to this Report show the Council’s financial position as at 9th March. The final outturn figures for 2009/10 will be reported to the April meeting but the following overspends should be noted, some of which Members are already aware:

SLCC Subscription

£21.00

Overlooked so will occur again 2010/11

Training/Seminars

£50.00

More training (planning) than anticipated

Churchyard Maintenance

£357.38

£450 One-off payment for PCC

Electricity - Toilets

£24.56

2010/11 Budget increased by £30

PF Maintenance

£83.66

2010/11 Budget increased by £500

I have arranged a meeting with the internal Auditor, Peter Richards for 8th April when I shall be submitting the 2009/10 accounts to him for auditing.

12.3 Institute of Local Council Management:

It has now been confirmed that my application for membership of the ILCM has been accepted, my date of admission being 18th February 2010. An invoice for the membership fee is included in agenda item 13.

12.4 Grass Cutting – Lower Churchyard:

Having obtained quotations from the Council’s contractor, I can now give details of monies available for and estimated costs of grass cutting in the churchyards.

As Members are aware, Cornwall Council are no longer willing to cut the lower churchyard but are willing to continue to cut the closed one eight times a year.

The contract for cutting the existing (new) cemetery is worded to the effect that it is cut as often as is necessary to maintain a length of grass of 2in which necessitates approximately 17 cuts per year. If this were to be applied to the churchyard, the cost would be such that it would be unaffordable to the PC.

As I see it, therefore, the PC needs to consider two options based upon 8 cuts per annum.

Option 1 – CC cuts the Closed Churchyard, PC cuts the Lower Churchyard:

Under this option, the cost to the PC would be £717.20 per annum.

Option 2 – PC cuts both Churchyards:

Here, the cost of cutting both churchyards would be £1,200 per annum but this would be offset by a payment from CC for the closed churchyard of £745.04. As they have no obligation to cut it, there would be no contribution towards the cost of the lower churchyard. The overall cost to the PC would therefore be £454.96, which makes this the cheaper option.

Members should bear in mind that the PC is already subsidising the PCC to the tune of £600 per annum for cutting the grass in the cemetery and, assuming that the cheaper option outlined above is adopted, this will increase to over £1,000, not forgetting, of course, the fact that £450 was paid in January to bring the lower churchyard to an acceptable standard. I do not think it unreasonable, therefore, to suggest that the PCC meets at least some of this extra unbudgeted cost and I leave it to Members to decide how to proceed.

JV Calvert,

Clerk

10th March 2010

****************************************************************************************************************

AGENDA ITEM 15

CLERK’S REPORT FOR MEETING TO BE HELD ON

16TH MARCH 2010

PROVISION OF ADDITIONAL CEMETERY SPACE

DECISION REQUIRED:

To note and approve the content of this report.

To ratify the actions of the Chairman and Clerk in instructing Mr Colin Benney of Cornwall Council to approach the Glebe Committee on behalf of the Parish Council to discuss the purchase of the PC’s favoured piece of land for use as a cemetery. Mr Benney’s time to be charged at £53.10 per hour plus VAT.

REPORT:

Land Acquisition:

The Chairman and I attended a meeting with Colin Benney, Area Valuer, Cornwall Council on 18th February. We gave details of the various sites that have been considered and explained how the site presently favoured had become so. We made him aware that the Glebe were unwilling to sell the land as they thought it suitable for housing. We pointed out that it was outside the village envelope and currently designated as an "open area of local significance" in the 2004 Draft Local Plan. It was also pointed out that it was the site most favoured by the planners. We stated that the DV had been requested to value the site and Mr Benney warned that the Glebe Committee, because of the hope that it might in the future be approved for housing, could very well apply for a Certificate of Appropriate Alternative Development, which would considerably increase the value of the land.

It was pointed out that the Glebe, being representative of the Church in the parish, were not being very helpful in providing something that they really ought to be providing. All the land in their ownership had been gifted to or acquired by them from the people of the parish and this was a request to have a small proportion of that land back to serve the people as a cemetery, something that the church does at present.

The fact that the suitability of the land for use as a cemetery was not known was discussed (level of water table and depth to granite etc) and it was agreed that site investigation would need to be undertaken before any purchase was agreed. This has not been done previously because the Glebe was an unwilling seller.

It was agreed that Mr Benney would inform the PC of his hourly rate and if agreed, he would approach the Glebe, pointing out that this was the only realistically feasible site and that the site on the opposite side of the road offers potential for more housing than this one and certainly enough to satisfy the needs of the village.

 

Mr Benney has now informed me that his hourly rate for negotiating terms for the acquisition of land for a new cemetery will be £53.10 plus VAT but including local travelling expenses, with invoices being submitted on a monthly basis. Bearing in mind that we are getting nowhere with the Glebe Committee and that the District Valuer is charging £90 per hour and that we need assistance somewhere along the line, this would seem to be our best bet. Having discussed the matter with the Chairman, I have instructed Mr Benney to approach the Glebe Committee on the basis of our discussions at the meeting on 18th February. Mr Benney has informed me that he is to meet James Humphreys, the Agent representing the Glebe Committee, on 26th March.

Environment Agency:

As I reported to the February meeting, I sent an e-mail to the Environment Agency on 2nd February (Minute 18/01/10(3) refers), asking for their comments if burials were to increase to 30 per annum. Having received no response, I sent another on 9th February. Having still had no response, another was sent on 24th February. I am now informed that the increase referred to does not affect their response and that the information previously supplied still stands.

Valuation:

As reported to the February meeting, the valuation is likely to cost between £400 and £500 and I have received confirmation of my instructions from the District Valuer who will report "as soon as possible". I reported that he had also intimated that he would be willing to negotiate with the landowner, although he has given no indication of the fee at this stage, should we require it. In the light of the first item in this report, however, this will probably not now be necessary.

The report is now to hand but it contains information considered exempt within the terms of Paragraph 9 of Schedule 12A of the Local Government Act 1972 (Sections 1 and Part 1 of Schedule 1 to the Local Government (Access to Information) Act 1985) as amended by the local Government (access to Information) (Variation) Order 2006.

It will therefore be considered confidentially under item 27 on your agenda.

JV Calvert

Clerk

9th March 2010

AGENDA ITEM 14.6

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Clerk’s Report for Meeting to be held on 16th March 2010

Decision Required:

That this report be accepted and its content noted.

Report:

14.6 LICENSING:

Having checked Cornwall Council’s website, I am not aware of any applications affecting Stithians.

For Members’ information, the link is:

www.cornwall.gov.uk/default.aspx?page=21173

14.6.1. Stithians Showground:

No further progress to report at present.

JV Calvert,

Clerk

9th March 2010

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AGENDA ITEM 14.5

Clerk’s Report for Meeting to be held on 16th March 2010

ENFORCEMENT

Decision Required:

That this report be accepted and its content noted.

To take whatever further action Members consider necessary in the light of the content of the report.

Report:

Progress is reported below.

Caravans at Tregolls Cottage (KAS/EN06/00384):

I am informed that the site was visited on 22nd February and compliance had not been made.  Jon Pender and Kirsty Smith were to meet the owners with their Planning Agent on site in the first week of March. They would appear to be trying to claim some agricultural permitted development use of the caravans and they are going to site to give them a fair hearing and then return for Legal Advice as they are now at prosecution stage.

Cllr Plummer was promised an update when the site had been visited and instructions taken on their legal position. I have not as yet heard anything further.

Trelan (PJB/EN06/00236):

As I reported to the February meeting, the business has transferred to Penryn and Cornwall Council are pursuing the owner to clear the site and remove the signs. My information is that the business has relocated to somewhere near Asda. I have no information as to progress by CC.

The Paddocks, Penhalvean (PJB/EN09/00218):

I advised the October meeting that the occupants have requested a meeting to discuss the possibility of a planning permission. I received the following information on 5th February:

Glen Reed has been asked to take this on and progress it. Unfortunately, he is on sick leave. If he returns from sick leave on Monday (8th) I will see that he progresses this as a priority.

On 24th February, Cllr Plummer contacted Cornwall Council to report the appearance of a sign stating "THE CORNISH HONEY BEE FARM PENHALVEAN STITHIANS 01209 861524". He was promised an update on this site but I have heard nothing further.

Higher Nanpean Farm (CS/JH/EN08/00069):

As reported to the February meeting, the site visit took place, although access was not possible. Photographs were taken for record purposes and the two sets of gates were observed, although they appeared to be less than 2 metres in height. This will be checked at the formal inspection which has yet to be arranged.

The Chairman had had a phone call from Mr Driscoll stating that it was his intention to submit a Planning Application and to attend the March meeting of the Parish Council. I have no further information at present.

Carncrees Farm (CS/EN08/00396):

Although this particular matter is closed, as I have previously stated, I shall leave it in the report as Cornwall Council are, they say, informally monitoring the situation.

Penhalvean Pottery (PJB/EN09/00312):

As previously reported, this relates to the stationing of caravans on a permanent basis. I sent an e-mail on 27th October with a reminder on 10th November but have no further information at present. Further e-mail sent on 5th February with the response that a reply should be forthcoming in time for the meeting. That reply was as follows:

This needs to be re-allocated. I will do so by next week (w/c 15th February) and get a further response to you early next month.

"Early next month" i.e. March has now passed, but I have heard nothing.

Static Caravan on Land opposite Tremenhere Farm (KAS/EN0900402):

I reported verbally to your October meeting that this caravan was not in use and that the owner had been advised that it must be moved. I was advised on 22nd October that the owner is selling it and have had no further information since. Further e-mail sent on 5th February with the response that a reply should be forthcoming in time for the meeting. That reply was as follows:

The caravan is still for sale. The owner has been advised that the caravan should be removed by the end of the month irrespective of whether it is sold or not. Failure to do so is likely to result in a notice.

Again, I have heard nothing.

Polkanuggo Farm:

As stated to the February meeting, motor cycling is allowed as a temporary use for up to 14 days in any calendar year. I trust Members will be monitoring the situation over the coming months!

Trebarveth, Ponsanooth (KAS/EN09/00416):

I have nothing to add to the following information presented to the February meeting:

This appeared on a recent Enforcement List and relates to "Breach of Condition to Decision Notice PA08/01606/F". I have no further information at present. Further e-mail sent on 5th February with the response that a reply should be forthcoming in time for the meeting. That reply was as follows:

Details have been received to discharge the relevant conditions. They are currently being considered by colleagues in Development Management.

I shall request an update for the April meeting.

Hatchintan, Carncrees (GR/EN10/00013):

The following information received from CC was reported to the February Meeting:

The site has been visited; a small gypsy caravan is stored to the back of the land with what looks like a small shed beside it, to the front of the land on the right a single portable toilet has been installed.  The land shows evidence that a new service has been installed as a line across the land to the toilet block area shows disturbed earth. It is reported that water has been installed recently.  At this time there is no evidence of residential use.

It is understood that the application will be reported to the March meeting of the planning committee. We are drafting a notice in the event that the land becomes used residentially and permission is refused.

Whist it is not an enforcement matter, it seems logical to use this point on the agenda to update Members with progress as regards the planning Application PA08/02027/F. This was to have been considered on 2nd March but the item was withdrawn at the eleventh hour to enable proper consideration to be given to information received concerning the Gypsy Status of the applicant. It was anticipated that it would be considered on 23rd March but the agent is unavailable on that day and it is now hoped that it will go to the meeting to be held on Tuesday 13th April.

Kennall Mill:

Following the January meeting, I reported the fact that the roof to this listed building had completely collapsed. On 5th February, I was informed as follows:

Planning Policy Guidance Note 15 states ‘There is no specific duty on owners to keep their buildings in a good state of repair…’ We do have powers to require urgent works to require a building to be kept wind and weather proof subject to certain criteria. I will ask conservation for further advice on this as I know that they were in discussion with the owners about the roof at one point.

I have heard nothing more.

Sunnyside, Foundry:

Following the January meeting, I reported the fact that a large wooden building had appeared on the plot of land adjacent to Sunnyside. On 5th February, I was informed that investigation would commence. Whether it has or not is anyone’s guess!

South Cottage, South Road:

Following the January meeting, I reported the fact that two wooden buildings had appeared at this property. On 5th February, I was informed that investigation would commence. Ditto!

Keeping the PC Informed:

As reported to the February meeting, CC informed me that the Enforcement Strategy for the County is such that CC will acknowledge the receipt of a complaint, inform of any decision to take action and inform when an investigation is closed. They will also inform of any appeals lodged with the Planning Inspectorate. I am told that the best way of the Parish Council being kept informed is by letting the Case Officer know that I wish to be added as a complainant. Peter Blackshaw has stated that he will make sure that the Case Officers are aware of my wishes in all those cases in our list that remain open. I’ll do as he suggests in future cases – watch this space! It is rather difficult, however, when I don’t know who the Case Officer is, as is the case in several matters that I have reported.

Work to Trees:

This may well have been discussed under the Tree Warden’s report. Following the February meeting, I wrote to Cornwall Council expressing Jim Lyle’s interest in receiving training (Minute 04/02/10 refers). It transpires that the offer is also open to Members and some have expressed an interest. I was informed in an e-mail dated 18th February that training would be organised. I have heard nothing further.

Activities of Mr J Burton in the Carncrees Area:

In 2005 he obtained a Certificate of Lawfulness (PA05/01076/LU) to use a building at Lanefield as a dwelling and the associated land as domestic curtilage. At the time, this was not supported by the PC as it was considered unsuitable as a dwelling and should remain for agricultural use. I am informed that on 22nd February he vacated this property having sold it to a Redruth property developer. It is my understanding that when a building changes hands the Certificate of Lawfulness lapses and it reverts to its original use. I have asked Peter Blackshaw confirm or refute this. I am led to believe that the said developer intends to develop the site, as developers do! The above was reported to Peter Blackshaw on 23rd February. Not having had a response, I sent a reminder on 3rd March, which received an almost immediate response informing me that Certificates of Lawfulness run with the land, not the applicant.

That is not the end of the story, however. He owns a plot of land at Four Acres where he obtained permission (PA08/01992/F) on 10th February 2009 to erect a stable and tack room. This was conditional upon it being a stable for domestic purposes only. Unfortunately, he has misinterpreted the "domestic" part and took up residence on 22nd February, a fact that he confirmed to a neighbour the next day. How many stables do you know where the lights burn long into the night behind curtains at the windows? This is clearly an enforcement matter as it is totally at variance with the planning consent and I have asked that the appropriate action be taken as soon as ever is possible and that the matter be entered on the Enforcement List. This information was sent to Peter Blackshaw on 23rd February with a reminder in the e-mail mentioned above.

I also pointed out to him that it is interesting to note that when Mr Burton was visited at the time of his application to erect a stable, he was asked, on 17th January 2009, if he planned to leave Lanefield and move to this new site at Four Acres at any time. He gave an assurance that this would not be the case and stated that he was very happy to have a condition on the planning consent restricting its use to non-residential.  What a difference a year makes – I trust he will be reminded of this fact when enforcement action ensues!

His response, mentioned above was that the matter is being investigated by Kirsty Smith, who should be visiting within the next week and will give an update after that. I have now received a letter from Kirsty dated 5th March stating that the matter has been formally registered and that she would endeavour to visit the site within 10 working days. The reference number of the complaint is KAS/EN10/00097.

Use of Land at Carn for the Dismantling of Cars:

I am informed that several cars are being stored in a field adjacent to Dam Bungalows, at least one of which is being dismantled, and I have asked Peter Blackshaw I an e-mail dated 23rd February whether this is an appropriate use for what is supposed to be agricultural land. I also informed him that I am led to believe that the field in question is owned by the owner of 3 Dam Bungalows. Having had no response, I sent a reminder on 3rd March. His almost immediate response was to inform that he had referred the matter to Andrew Stott in the Natural Resources Team to investigate. I have not as yet had a response.

I have refrained from sending reminders about some of the outstanding issues in the hope that I may not need to but if none is forthcoming by the end of March, I shall be asking for updates on everything for the April meeting.

I will report anything further that I might receive in relation to any of the above at your meeting.

JV Calvert, Clerk 10th March 2010

 

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