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Parish Council Minutes

November 1999

Minutes of a Meeting of Appleby Magna Parish Council, held at the Church Hall, on Friday 12th November, 1999.


Mr. K. J. Colver, Mr. C. D. Didcott MBE TD, Mr. J. Lewis, Mrs. D. Morris, Mr. J. Quimby (in the Chair) and

Mr. D. H. Saunders.

Prior to the beginning of the meeting David Taylor MP addressed the meeting and answered questions. He urged constituents to contact him concerning any matters where they considered he could be of service. He referred to the Rural White Paper which had been published this week and to his commitment to rural issues. He agreed to take on board the concerns of parishioners regarding the unsatisfactory planning legislation which appeared to be unfairly weighted in favour of developers.

The Chairman thanked Mr. Taylor for coming to the meeting.


The minutes of the meeting held on 8th October, 1999 were taken as read, confirmed and signed.

Members were informed that Appleby, together with Measham and other adjacent parishes is preparing a bid to the Coalfields Regeneration Trust for a grant for two Community (at least) 15 seat mini-buses.

Urgent Items

The Chairman informed members that he had agreed to take 2 accounts and planning application 991021 - erection of three 3 storey dwellings and garages and erection of replacement garage to plot 12, r/o 30/32 Top Street.

Question Time

Planning application 991021

Members were asked to object to planning application 991021 concerning development off Top Street as the area was not designated for housing and was a sensitive area.

The Brook

Concern was expressed about the condition of the brook to the rear of 37 Church Street. Members agreed to consider this matter during their deliberations later on the agenda concerning the brook.

Declarations of Pecuniary and Non-pecuniary Interest

Messrs. Quimby and Colver declared non pecuniary interests in planning application 991005, 4 Austrey Lane.

Decision taken under delegated powers

Members were informed that the Clerk, in consultation with the Chairman, had made strong objections to planning application 990953 for the removal of 2.3m of hedgerow in Rectory Lane. It was understood that the application had subsequently been withdrawn.

Police Matters

There was no police presence at the meeting. Members were warned that a blue van selling digital TVs and computers was in the vicinity. The Police had been informed of the details of the vehicle and its occupants.

Budget and Financial Statements

That the information contained in the budget and financial statements from 1st April to 22nd October,1999 be noted. It was agreed that £2,000 be transferred from the Post Office Account to the current account to cover future expenses.

Accounts for payment

Resolved that the account from NWLDC of £962.38 for election charges be paid. (100656)

Application for Financial Assistance

That in consideration of a request from Appleby Magna Cricket Club for financial assistance towards the costs of the refurbishment of the gang mowers, it was agreed that a grant of £500 be made, payable in two instalments, half to be paid immediately (100659) and half in April, 2000.

Delegation of Planning Decisions

Members were informed of the contents of a letter on the Delegation of Planning Decisions from the Manager of Planning and Environment at NWLDC which outlined the categories of planning applications which would be considered by the Planning Sub-Group and those which could be determined by the Manager of Planning and Environment under his delegated powers. Members expressed concern that this increased delegation to the Manager of Planning and Environment would greatly affect the ability of Parish Council members to consider applications at their monthly meetings since, if no objections had been received by NWLDC to ‘minor’ applications within 21 days of their consultation letter, the Manager of Planning and the Environment could determine the application forthwith. Applications for 3 dwellings or less had far more impact on a village such as Appleby Magna than they would on larger villages and towns and members should be allowed the opportunity to discuss and comment on such applications at their monthly meetings. The present system appeared to be in conflict with the open government policy of the District Council and would result in the Parish Council either holding more frequent meetings or accepting more delegation being undertaken by the Clerk.

Motel Development A444/B5496/Rectory Lane

Members were informed of a letter from Mr. Wolsey the Manager of Planning and Environment at NWLDC explaining the Councils reasons for not requesting the an Environmental Impact Assessment in respect of the application to erect a 100 bedroom hotel on the site. A copy of the letter had been forwarded to the Councils legal advisors Pincent Curtis of Birmingham and a draft response to the letter composed by Pincent Curtis was read.

It was agreed:-

- that a maximum of £1,000 be set aside for legal advice on this matter.

- that the draft reply composed by Pincent Curtis be approved

- that NWLDC be asked if, in connection with the erection of a 40 bed motel, it has satisfied itself that no unauthorised development is taking place prior to the construction of the egress road (it is understood that the stripping of top soil has been carried out), hedges have been protected by chestnut paling as required by condition no. 6 of the planning permission, that the development taking place is being adequately monitored by the District Council and that it does not include any works associated with the construction of the 100 bed hotel and not required in respect of the 40 bed motel.

Planning Application

That no objection be made in respect of planning application 991005 for the erection of a detached double garage, 4 Austrey Lane, Appleby Parva.

Planning Decisions

That it be noted that NWLDC has made decisions on the following planning applications:-

Local Transport Plan

Agreed observations to be made to the County Council on the local Transport Plan

Mrs. Morris left the meeting at 8.15 p.m. and took no part in the undermentioned matters.

Recreation Ground


That consideration of estimates for the provision/erection of fencing around the play area and at the Bowleys Lane entrance be deferred to the next financial year.

Football Pitch

Following consideration of a letter of complaint from the Cricket Club regarding the condition of the football pitch and of problems associated with the soil and stone deposits near to the hard surface area, it was agreed that the Cricket Club be informed that due to the condition of the field the Parish Council is unable to arrange for the removal of surplus soil from the site at the present time and that it has been observed that the problems connected with the trenching appear to be resolving themselves now that the grass has started to grow in these areas.

It was also agreed that the first meeting of the Village Sports Association be called in the near future.

Complaint re Re-siting of Football Pitch

That the complainant be informed that the re-siting of the football pitch only took place after advice from the Playing Fields Association had been sought and that its present position conforms with their recommendations. That the problems associated with the retrieval of footballs is a matter which should be addressed to the Football Club itself.

Footpath Initiative Report.

Members were informed of a report from the Footpath Initiative Group on the completion of the project, all paths in the village being now reasonably free from obstructions and able to be used freely It was agreed that the appreciation of the Parish Council be passed to the Group.

Footpath Q10, The Moat House

It was reported that agreement had been reached between the owner of the land and the Highway Authority on work to be undertaken to improve the surface of that part of footpath Q10 which crosses the Moat House site. In respect of the kissing gates it was agreed that Mr. Johnstone be informed that although it is understood that the responsibility for the provision and maintenance of any stiles or gates on the line of the footpath where it crosses his property are his responsibility, the Chairman of the Parish Council would be happy to install a kissing gate at the junction of his property with the Hall Yards footpath free of charge and that a further kissing gate could be installed at the Post Office end of the path on a rechargeable basis.

Footpath Q9 Didcott Way to Wren Close

Members were informed that the Divisional Surveyor is to arrange for the footbridge between Didcott Way and Wren Close to be reconstructed to provide adequate width for wheelchair and single buggy access.

Flooding along Duck Lake

Members were informed of work to be undertaken by the District Council, with financial assistance from the County Council, to alleviate flooding problems in the vicinity of Duck Lake. It was agreed to ask the District Council to also address the alleged debris deposited in the brook to the rear of 37 Church Street.

Flood Warning Information Meetings

That the Environment Agency be informed that the Parish Council would like to receive information on future Flood Warning Information Meetings.

Street Light, Austrey Lane

That the information on the cost of installing a street light on Austrey Lane at Appleby Parva be noted. The Chairman indicated that the residents of the area may be prepared to cover the installation costs themselves.

Public Seat on Top Street

That it be noted that the Divisional Surveyor has been unable to prove that the seat was damaged by the grass cutting machine.

Urgent Items

The Chairman agreed to the urgent consideration of the following items of business for the reason stated below.

Payment of Accounts

Urgent to ensure that payment of the accounts is not unduly delayed.

That payment of the following accounts be authorised:-

100657 Wicksteed Leisure Ltd - Provision of safety surface under the Recreation Ground slide £2086.63
100658 Society of Local Council Clerks - 50% of subscription charge £23.00

Planning Application 991021

Urgent to allow observations to be made within the prescribed timescale.

That in respect of planning application 991021 for the erection of three 3 storey dwellings and garages and replacement garage to plot 12, r/o 30/32 Top Street, NWLDC be informed that the Parish Council objects most strongly to this application for the following reasons:-

The proposals are not appropriate in the conservation area. The character of the village will be affected by building on this remaining open area in the centre of the village.

The site is shown in the current Local Plan as a sensitive area. In his report on the latest Local Plan, the Inspector recommended that the sensitive designation be deleted from that part of the site only which already had the benefit of planning permission. The remainder should be protected from development

The type of houses proposed are not of the type required for local housing requirements and, being 3 storey, would be visually intrusive in this setting.

The present housing allocation for the village has already been exceeded and there is no need for additional housing of this type in the village.

Mrs E. Jeffrey