HIGHCLERE PARISH COUNCIL
Minutes of a meeting held at Highclere Village Hall on Tuesday 10 April 2001
Present
Councillor Mrs S Roberts Chairman
Councillor T Farmer
Councillor I Davidson
Councillor J Pearson
Also Present
Borough Councillor Patrick Hedgeland, Mrs Sue Hedgeland, Mr Peter Bigby, and Mr Ray East
56/01 MINUTES OF THE LAST MEETINGS
Minutes of the meeting held on 13 March 2001, and Traffic Calming with Planning meeting held 26 March 2001, having been circulated were taken as read, agreed by the Councillors, and signed by the Chairman.
57/01 MATTERS ARISING FROM THE ABOVE MINUTES
58/01 CORRESPONDENCE
The following correspondence and reports have been received and copies supplied to Councillors:
59/01 PLANNING APPLICATIONS
The following planning applications were received and considered.
BDB 50144 Tot Hill Services Station, Erection of a toilet block
NO OBJECTION
BDB 50149 10 Penwood Road, Wash Water, Extension and Double Garage
NO OBJECTION
BDB 50121 Sheridan House,Erection of side extension and pitched roof over existing porch
NO OBJECTION
60/01 NOTICE OF PLANNING DECISIONS
BDB 47636 Woodside plot 3 (terrace) addition of a conservatory
APPROVED
BDB 49078 Cremyll House, Andover Road, Erection of a replacement dwelling
APPROVED
BDB 49342 Highclere Garage, Andover Road, Erection of 13, 2 and 3 bed detached, semidetached, and terraced houses, and B1 accommodation.
REFUSED
BDB 49695 Holly Dene, Tubbs Lane, Erection of a first floor extension over garage.
REFUSED
61/01 REPORTS OF MEETINGS ATTENDED
DAPC Meeting 27 March 2001
The Chairman attended the meeting. Concern was expressed at the meeting that Parish Councils should have an input into proposed Area Committees.
It was reported that HAPTC might become a referral organisation for legal advice which could give Parish Councils a direct access to a barrister.
The problem of travellers was affecting some parishes, and this matter had been discussed.
62/01 PENWOOD VILLAGE HALL LEASE
The Clerk sent a copy of the draft lease to NALC and received a reply advising the Council "to suggest to the management committee that they should obtain their own legal advice, particularly on the terms of the lease and the possibility of an application under the landlord and tenant act". It further states that "as the Council is proposing to act solely as Custodian Trustee they should not involve themselves in the terms of the lease or the negotiations. Their only concern is to ensure that their status as custodian trustee is acknowledged and that their right to vest the lease in the Official Custodian without the consent of the borough council is expressly acknowledged".
The Clerk has sent a copy of the NALC response back to BDBC and has had a brief conversation with Mrs J M Levy from the Borough Solicitor's department. It as possible that a further draft will be presented which would acknowledge the Council's role as Custodian Trustee.
uncillor Jim Pearson stated that the implication of the landlord and tenant act meant the management committee should be able to renew the lease on the same terms as the original lease.
The Clerk felt that at this stage a Solicitor should be instructed to act, and funds identified within the precept for legal advice should be granted to the management committee for this specific purpose. Previously a local solicitor had looked at this problem in 1997 and his comments were held on file.
Councillor Jim Pearson stated that he felt that a renewal of the lease under the original terms should first be pursued, and that he was willing to approach BDBC.
Councillor Ian Davidson felt there should be a template for such a lease in existence, and expressed concern that management committee members did not understand their role as management trustees
The Chairman proposed that legal advice be now sought, but Councillor Davidson wanted first to approach BDBC and point out that they were unreasonably expecting a charity with no funds to incur heavy legal costs. He felt the Council was in danger of wasting public money.
The Clerk reminded the meeting that the advice from NALC was not to become involved with the terms of the lease.
Councillor Jim Pearson proposed that he go to BDBC and talk through the different options. Councillor Ian Davidson agreed to accompany him, and Councillor Tom Farmer said that in the event that Councillor Davidson could not attend then he would be happy to do so. This approach was therefore agreed by consensus
63/01 SECTION 106 AGREEMENTS
Following earlier consultation with June Balcombe, both village hall management committees have been advised that funds must be allocated within the current year.
The Clerk has now received copies of the two section 106 agreements and these have been shown to Councillors. Clarification of details has been given by the programme monitoring officer, Nicola Bushnell. The earlier agreement which requires funds to be used by October 2001 is written in broader terms. Councillor Jim Pearson considered that a possible use for a portion of these funds could be for radiator covers at Penwood Village Hall. This would allow the hall to be used by a mother and toddler group. The chairman agreed that a formal proposal for this project, endorsed by the Parish Council, should be submitted by Penwood Village Hall. This was supported by all Councillors, and the Clerk was asked to contact BDBC, obtain an application form and pass this on to the Chairman of Penwood Village Hall.
64/01 DETR MODEL CODE OF CONDUCT
Councillor Tom Farmer had read the draft of this document with questionnaire, and considered it also in respect of the Parish Council's standing orders. He made several observations and proposed that when the document was finalised it becomes part of the Parish Council's standing orders as an appendix. Any duplicated reference would then be deleted.
Councillors agreed to this proposal and the Clerk was asked to submit the replies to the questions via HAPTC.
65/01 YOUR COUNCIL YOUR CHOICE MEETING 24 APRIL
Councillors were reminded that this meeting will be held at Clere School at 6.30pm
It gives an opportunity to vote for a new executive to be adopted by BDBC. The choices are Leader with cabinet, directly elected Mayor with Cabinet, or directly elected Mayor with a Council Manager.
66/01 HAPTC ADVICE ON LOTTERY FUNDING
Councillors thought this was a very informative document which should be kept on file. Both village halls were currently exploring use of lottery funds.
67/01 LOGO COMPETITION
There was discussion on the best way to run such a competition, and it was suggested that information could be circulated by a leaflet drop, and perhaps local businesses could be approached to donate a prize. Councillors were asked if they wished to give an overall prize plus an additional "under 16" prize. Councillor Farmer considered that it would be a prize in itself just to have a LOGO adopted. Even a child's effort should be considered as it could be professionally interpreted by a graphic designer. The Clerk suggested that a graphic designer could be the judge. The Chairman suggested that the Clerk put together a programme for consideration.
68/01 COUNCILLOR'S QUESTIONS
Councillor Ian Davidson asked if other Councillors were aware that the Chairman of Penwood Village Hall was owed £400. In discussion it was agreed that the first priority was to complete the works, possibly with the aid of S106 funds and lottery money. When bookings increased the Chairman would be able to recoup his loan from the hall's funds.
It was commented that the management committee could always contact Stephen Neave from BDBC community services for advice.
Councillor Tom Farmer asked the Clerk when the monies reserved for the traffic Calming would be called for, and was advised that they would not be paid over until after the scheme was completed. The loan to Penwood village hall had been advanced from this money, and reimbursed through the precept for the current year.
Councillor Farmer asked why it had become the practice to withhold the names of parishioners who lodged complaints with the Parish Council. The Chairman felt it was sometimes tactful to do so, but suggested that if Councillor Farmer felt that this was incorrect he should put this on the agenda as a resolution, for the next meeting.
69/01 ACCOUNTS FOR PAYMENT
The following accounts were approved for payment:
HAPTC (in between meetings)
Highclere Village Website, Audit Commission, Sue Roberts, Highclere Parish Society, Micromap ,
Lady Harman , D R Gribble
There being no further business the meeting was brought to a close
Due to holidays the next meeting (the AGM) will be rescheduled.