Bursledon Parish Council

Minutes of the full council meeting of Bursledon Parish Council
held on Wednesday, 24 June 2009 at the Village Hall,
Long Lane, Bursledon at 7.00 p.m
 
Present :            Cllr Millar (Chair)
                        Cllr Clarke (Vice Chair)
                        Cllr Allen – until item 14.2
                        Cllr Craig
                        Cllr Holes – from item 7.2
Cllr Lippold
                        Cllr Milne
                        Cllr Moneypenny
                        Cllr Woodhouse          
 
In attendance:  Mrs Jennifer Whittle (Parish Clerk)
                          8 members of the public
 
1.  Apologies for absence
 
Apologies had been received from Cllr House and Cllr Misselbrook.
 
2.  Declarations of interest
 
Cllr Milne declared an interest in item 12.
 
3.  Minutes of the meeting of 27 May 2009
 
Cllr Allen proposed, Cllr Moneypenny seconded and Members voted unanimously to agree and sign the Minutes.
 
4.  Matters arising from the minutes of meeting 27 May 2009
 
There were no matters arising.
 
5.  PCSO’s Report
 
This item was deferred as there was no PCSO present.
 
6.  Public Session
 
A Member of the public Mr Rowles complained about the roadside hedges not being cut in Bursledon.  He felt that the Council should get this in hand.  Cllr Millar explained that he had had a meeting with the Direct Services Manager at EBC that afternoon and had walked the area.  The hedges had not been cut yet due to the bird nesting season, as they were unable to be touched with machinery during this period.  Cllr Millar confirmed that Eastleigh Borough Council had said they would now get this done.  The Clerk also confirmed that she had been waiting for the nesting season to come to an end, in order to get a contractor in to do the Parish hedges, which are usually cut later in the year, although she was unsure whether cutting had been carried out by the Contractor last year.
 
Mr Rowles also complained that the bin men were leaving empty bins in the middle of pavements and roads, which were a hazard.  Cllr Craig confirmed that Direct Services were currently putting their bin men through training in order to deal with such matters.
 
7.  Planning applications received from Eastleigh Borough Council
 
7.1  Woodlands, Hungerford, Bursledon - Single storey side extension, rear conservatory & erection of detached double garage. Case Officer: Nicola Reid.  Case Ref: C/09/65174.
 
No letters of objection had been received.  Cllr Millar introduced this item. 
 
Mr Anderton the next door neighbour said that he agreed with the plans in principle, but felt that the garage in its current position right next to the road was a little intrusive.  He confirmed the applicants and Tree Officer at EBC were investigating the root system of the Oak Tree, in order to consider moving the garage back from the roadside further.  Cllr Millar explained this was not a legitimate reason to refuse planning, as garages were allowed to be placed this near to roadside boundaries.
 
Cllr Allen proposed DO NOT OBJECT with a recommendation that when the Tree Officer had investigated this matter, if at all possible, the garage could be placed further back from the roadside and have landscaping in front of it to help screen it from the road.  Cllr Craig seconded and Members voted unanimously in favour.  ACTION:  CLERK.
 
7.2   Riverside Boatyard, Blundell Lane, Bursledon - Retention of electric security gate and steps to raised garden.  Case Officer: Andy Grandfield.  Case Ref:  F/09/65013
 
1 letter of objection had been received from BROWAPG who had concerns about the public right of way being affected.
 
Diane Andrewes spoke to represent BROWAPG and advised Members that this footpath was listed on the definitive map as being 10 feet wide.  A gate had been mentioned in the past, but it had specifically been referred to as “through the field gate”, i.e not a locked gate. 
 
Cllr Holes arrived.
 
A representative from Lymington Technical Services advised that the locked gate had been implemented to stop fly tipping, which had been experienced regularly.
 
Cllr Allen suggested that if that was the case a 10 foot wide opening gate should be put in place to enable full access to the public footpath with the remainder of the opening being a locked gate.  Cllrs Clarke and Lippold both felt that the 10 foot footpath access should be open, as the gate currently in place suggested that access was denied.
 
Cllr Clarke proposed TO OBJECT on the grounds that a definitive footpath of 10 feet wide was being blocked by locked gates giving the public the impression this footpath was now closed.  Cllr Lippold seconded.  6 Members voted in favour and the 3 LAC Members abstained.  Members asked the Clerk to notify the Planning Officer that should they be minded to permit this planning application that it be referred to the LAC.  ACTION:  CLERK.
 
7.3     Angry Copse, Heath House Lane, Hedge End – Two storey side extension to provide annexe accommodation, following demolition of existing garage.  Case Officer:  Andy Grandfield.  Case Ref: F/09/65278.
 
No letters of objection had been received.
 
Members discussed this application and concerns were raised regarding the property being in the Countryside and being sub-divided.  Cllr Millar believed this would not affect this planning application and felt it would be referred to LAC if this was an issue.
 
Cllr Allen proposed DO NOT OBJECT, Cllr Moneypenny seconded.  5 Members voted in favour, with the 3 LAC and Cllr Woodhouse abstaining.
 
8.  Planning decisions notified by Eastleigh Borough Council
 
8.1  Oak Lodge, Bridge Road, Bursledon - Single Storey side extension & conversion of existing garage to provide living accommodation.  Case Ref: F/09/64783.   PERMIT
 
8.2  Riverside Chinese Restaurant, Bridge Road, Bursledon – Provision of first floor terrace with supporting columns (addition to approved extensions).  Case Ref: C/09/64789.   PERMIT
 
8.3   Kings Ash, School Road, Bursledon – Notification of intent to crown clean and crown lift to 3.5m & crown reduce at base by up to 2m of 1no. Oak tree.  Case Ref: N/09/64962.   RAISE NO OBJECTION
 
8.4  33 Woolwich Close, Bursledon – Construction of garage within parking area.  Case Ref:  F/09/64740.   PERMIT
 
8.5  Reading Room, Portsmouth Road, Bursledon – Erection of 1no. 3-bed detached dwelling following demolition of existing building.  Case Ref: F/09/64680.   PERMIT
 
8.6   2 Wisteria Cottages, Bridge Road, Bursledon – Extension to existing garage.  Case Ref: F/09/64918.   PERMIT
 
The planning decisions were noted.
 
9.  Finance
 
9.1  To approve and sign the payments list and bank reconciliation and to approve the monthly accounts, summary income and expenditure by budget heading, and balance sheet. (Papers previously circulated to Members).
 
Cllr Holes proposed, Cllr Moneypenny seconded and all agreed to approve and sign the payments list.
 
9.2  To approve and sign the annual statement of accounts 2008-2009 – the Clerk read out the annual figures from the Annual Audit Return.  Cllr Craig proposed, Cllr Holes seconded and all agreed to approve and sign the annual statement of Accounts.  Cllr Clarke requested a paper copy of the annual return be sent to Members.  It was noted that the internally audited accounts for the year to 31st March 2009 would now be sent to the Audit commission.  ACTION:  CLERK.
 


10.  DRAFT AGREEMENT RE-DEDICATION OF FOOTPATH IN THE PARISH OF BURSLEDON
 
The Clerk advised Members that Hampshire County Council had now forwarded the Agreement relating to the re-dedication of footpath 501, which had originally crossed the cemetery car park and exited via the gate and now continued straight down to School Road along the outside of the car park.   Members recollected that they had voted in favour of this amended route for the footpath and approved the Agreement being signed by the Chairman and Clerk.  Cllr Craig proposed, Cllr Moneypenny seconded and Members voted unanimously in favour.  ACTION:  CLERK.
 
11.  DEVOLVEMENT OF COUNCIL SERVICES
 
The Clerk advised Members that this item was on the Agenda to consider the legal implications of the transfer.
 
Diccon Bright the new Bursledon, Hamble and Hound Area Co-ordinator introduced himself and advised that he was anxious to resolve this matter, as BPC had voted in favour of adopting these areas and had precepted to pay for the maintenance of them, but due to the lack of agreement between BPC Members, Eastleigh Borough Council was still paying for and carrying out the maintenance of the areas and could invoice BPC for this work.  He felt that the MUGA should have been included in the transfer at this stage, rather than wait until next year, as the public would criticise if two agencies were required to be paid to maintain one area.  Diccon advised Members that they were morally bound to organise an immediate legal transfer of the facilities.  His recommended that BPC takes a Licence of the areas, Peewit Hill Woods, Lionheart Way Ecology Park, Pilands Wood Play Area (including the MUGA) and possibly the Bursledon Station Woods.  He also recommended that EBC continues with the maintenance of these areas for the remainder of this financial year and invoices BPC for this work up to the amount precepted.
 
Cllr Clarke said that BPC had discussed and were clear on the sites they wished to adopt, but he had been reassured by EBC that the precept in no way obliges BPC to legally take on these areas, should anything arise during the legal transfer that BPC objects to.  He felt that BPC needed to have these areas legally transferred to them before they undertook any maintenance and absorbed any additional insurance costs.
 
Cllr Woodhouse said it was very regretful that Members had voted in favour of adopting the Pilands Wood Play Area without having any formal debate or written figures available.  She felt that Members had been rushed into this decision, but pointed out that she herself had not voted in favour of adopting the Pilands Wood Play Area due to her concerns regarding the costs involved.  She felt that mistakes had been made in the voting process, as there were very grey areas and it seemed BPC was being dictated to.  Cllr Woodhouse proposed that BPC should reconsider the adoption of these areas.
 
Cllr Lippold felt that this item had been discussed and Members had been happy with Cllr Clarke’s recommendation to adopt the Pilands Wood Play Area, subject to the pre-cept being increased by £2 per residence, in order to cover the additional costs of managing that facility.  Cllr Lippold queried whether subsequent discussions had raised any valid concerns regarding the financial implications, as he had not been at recent meetings.
 
Cllr Allen said that without doubt there were concerns over the financial implications.  Members had only voted in principle on the grounds of being told that a £2 per residence increase would cover the cost of adopting the Pilands Wood Play Area, but had not been provided with any formal written figures at that time.  BPC had only recently received these from EB and he felt the discussion in January was rushed and wrongly considered under Exempt Business.  Cllr Allen said he had also spoken to the Head Groundsman, Digger, who had confirmed to him that there was too much work to be undertaken by the Groundsmen for the precept provided.
 
Cllr Millar advised that the figures had been verbally provided by Cllr House at the informal discussion and confirmed to Members at the January meeting.  He said these figures had not long after been provided in writing by EBC.  Cllr Allen contended this and said written figures had only been made available in the last month or so.
 
Cllr Craig explained that BPC had formally voted in favour of adopting the areas, as Minuted in the January 2009 Minutes and were therefore responsible for the maintenance costs and EBC could invoice BPC for maintaining them.
 
Diccon Bright advised Members that BPC currently had £2 per residence sitting in the BPC bank account to manage the Pilands Wood Play Area and EBC were doing this work.  Even if there is no legal obligation, there is certainly a moral obligation and liability is also a concern.  The facilities need to be transferred to BPC as soon as possible so that they own responsibility and obtain relevant liability insurance.
 
Cllr Holes proposed that Members consider adopting the SLA for these areas.  The Clerk pointed out that Members had already voted in favour of adopting the current SLA Agreement for these areas, subject to the legal ramifications being completed first.
 
Cllr Milne said that he had not formally queried the legality of the voting at the January meeting, as Cllr Clarke had reassured him that the decision was in principle only and that adoption of the areas would be reconsidered once the legal papers and documents were received.  If, as it now appeared, that decision was formal he and 3 other Members intend to make a motion to rectify this matter, as the vote was not dealt with in a constitutional manner.
 
Cllr Moneypenny said that £2 per residence only worked out at about £4,600-£4,900 to manage the Pilands Wood Play Area for the whole year, which would not even pay the Head Groundsman and Assistant Groundsman, let alone any other expenses for vandalism etc.  She asked the Clerk how much it would cost BPC to manage the Pilands Wood Play Area.  The Clerk advised that Members had relied on the figures provided to Cllr Clarke at the informal discussion.  The Clerk said she had not been present at the informal discussion and was unable to give any figures off the top of her head, but she could do a rough calculation for the cost of the work BPC groundsmen had notified Members would be necessary.
 
Cllr Allen requested that the Clerk specifically Minute his opinion that the funding made available to BPC by way of a £2 per residence increase in the precept would not meet the necessary costs of managing the Pilands Wood Play Area.  He also felt the workload would increase once BPC took over the facilities and the public knew.
 
Cllr Clarke felt that as certain Councillors were unhappy with the vote they had made, they were now trying to change their decision.  He advised that BPC needed to see the legal documents to see what they were expected to take over and what work BPC were expected to carry out.  He once again stated that the decision made in January was in principle only and felt that EBC were delaying on the legalities, as he had suggested to them at his meeting with them, to get the legalities under way.  He once again confirmed that the costs of managing these areas and the budget requirements had been discussed at the January meeting and that BPC needs to take responsibility for land in the Parish.  The areas that had been agreed and voted on in principle were Pilands Wood Play Area (excluding the open space and MUGA), Lionheart Way Ecology Park (less the additional plots of land), Peewit Hill Woods and Bursledon Station Woods (which may not now be transferred to BPC).
Cllr Lippold proposed that BPC continued in principle to adopt Pilands Wood Play Area (excluding the open space and MUGA), Lionheart Way Ecology Park (less the additional plots of land), Peewit Hill Woods and Bursledon Station Woods, with EBC being requested to prepare the formal legal Transfers as soon as possible and carrying out the maintenance work for the current financial year and invoicing BPC, subject to another vote taking place when the legal documents were received, to decide whether BPC would formally adopt the areas. 
 
The Clerk advised that the previous decision and voting at the January meeting had been formal and that Members could not take another vote on the adoption without following the correct protocol as advised by Hampshire Association of Local Councils.  Cllr Clarke said the previous decision could be overturned if the legal documents raised any concerns.  The Clerk felt this was not the case as HALC had advised that to reconsider any decision it was necessary for four Members to put forward a signed Motion within a six month period from the January meeting.  Diccon Bright advised the Clerk and Members that this was not necessary and certainly wasn’t the case at LAC level, decisions were reconsidered outside of the six month period without any motions being necessary.  He advised that BPC’s January Minutes also had a clause which enabled this item to be reconsidered once the legal documents were received from EBC, should they raise any concerns.  The Clerk and Chair thanked Diccon for this advice.
 
Cllr Lippold reiterated his proposal that BPC continued in principle to adopt Pilands Wood Play Area (excluding the open space and MUGA), Lionheart Way Ecology Park (less the additional plots of land), Peewit Hill Woods and Bursledon Station Woods, with EBC being requested to prepare the formal legal Transfers as soon as possible and carrying out the maintenance work for the current financial year and invoicing BPC, subject to another vote taking place when the legal documents were received, to decide whether BPC would formally adopt the areas.  Cllr Clarke seconded.  8 Members voted in favour.  Cllr Woodhouse abstained.  ACTION:  CLERK.
 
12.  COMMUNITY CENTRE CAR PARK LEASE
 
The Clerk had forwarded the draft Lease to Members, which she confirmed was an exact copy of the original Lease of the Community Centre Car Park Lease, which had required to be updated with the names and addresses of the new Community Centre Trustees who were to be party to the new Lease.  Cllr Holes proposed to approve the draft Lease, subject to the addition of the names and addresses of the Community Centre Trustees, with BPC not taking independent legal advice, as this had already been done for the original Lease.  Cllr Moneypenny seconded.  8 Members voted in favour.  Cllr Milne abstained in conjunction with his declaration on interest.  The Clerk would finalise the draft Lease as approved and forward it to the Community Centre Trustees for approval.  ACTION:  CLERK.
 
13.  GRAVEL EXTRACTION CONSULTATION RESPONSE
 
The Clerk advised Members that Cllr Millar and herself had attended a meeting with Hamble and Hound Parish Council representatives at which the draft consultation response prepared by Adams Hendry Consulting Ltd had been discussed and approved in principle, subject to the document being presented to each Parish Council for formal approval.  The Clerk advised Members that she had emailed them this consultation response for approval.  Cllr Moneypenny proposed that BPC sends the consultation response as drafted.  Cllr Allen seconded and all Members voted unanimously in favour.  The Clerk confirmed she would send the consultation response by email, fax and post the next day to ensure that it is received.  ACTION:  CLERK.
 


14.  SET UP NEW PARISH WORKING GROUPS
 
Cllr Clarke confirmed that this item was something he had proposed when he had been Chair and was happy for Cllr Millar to decide on.  Cllr Millar confirmed that he would like to set up a Working Group for the Parish Plan.
 
14.1  Parish Plan and Conservation Area Plan.  Members discussed this working group.  Cllr Millar advised that other Parish Councils had devised a Parish Plan for their parishes and that BPC should do the same.  He asked Members to consider who would like to be involved.  Cllrs Clarke, Holes and Woodhouse offered to be involved and suggested that when any meeting are set up BROWAPG and OBAG representatives were invited.  Cllr Millar advised that the meetings would be open to the public and duly advertised.  He suggested that BPC obtained a copy of Hamble and Hound Parish Councils’ Parish Plans, to use as a precedent and then sets up an initial meeting.  The Clerk advised that Hound PC were still in the process of drafting their Parish Plan, but Hamble PC’s was completed.  ACTION:  CLERK/CLLR CLARKE/CLLR HOLDES/CLLR WOODHOUSE.
 
14.2  Recreation and Amenities.  Members felt this working group was not necessary.
 
15.  APPLETREES ROADSIDE HEDGE
 
Cllr Moneypenny had put forward a motion for this item to be reconsidered, as she was concerned that this hedge encroached the public highway and this problem had not been addressed by EBC.  Cllr Millar advised that he had discussed this with EBC and the hedge had been cut.  Cllrs Allen and Moneypenny felt the hedge had not been cut back enough and still encroached onto the pavement.  Members discussed this matter and it was resolved that the Clerk would write to HCC Highways with a request that this address this matter as soon as possible.  ACTION:  CLERK.
 
16.  THE PARISH OF BURSLEDON “SONGS OF PRAISE” EVENT
 
The Clerk advised that the Parish of Bursledon Church had written requesting permission to attend the proposed Village Hall 100th Anniversary Event in 2010 and perform a “Songs of Praise”.  They had advised that they had the necessary insurance cover.  Cllr Clarke proposed that BPC allows the Parish of Bursledon to hold this event, subject to the Clerk first checking with Legal at EBC there was no legal reason not to do this.  Cllr Lippold seconded and Members voted unanimously in favour.  ACTION:  CLERK.
 
17.  Correspondence
 
17.1  EBC had sent their draft BHH Community Safety Plan for 2009-2012.  This had been circulated to Members for approval and to notify EBC direct of any amendments they might wish to be made.
 
17.2  EBC had written advising of several proposed Traffic Regulation Orders:
Pylands Lane – to extend the existing “no waiting at any time” pas the entrance to Dodwell Farm to allow access to that property for farm vehicles.
Lands End Road – a loading bay outside the Jolly Sailor House from 7am to 12 noon to allow for deliveries to the pub.
School Lane – three additional properties to be included in the permit parking Traffic Regulation, as they were omitted from original order.
 
17.3  EBC have forwarded the Environmentally Sustainable Development Supplementary Planning Document adopted on the 5 March 2009.  This will be filed in the Parish Office for any Members wishing to view it, or can be viewed on EBC’s website at www.eastleigh.gov.uk/ebc-4060.
 
17.4  EBC have forward a copy of their “Promoting Walking in Eastleigh Borough” brochure, which will be filed in the Parish Office.
 
17.5  Cllr Ralph had tendered her resignation. The Clerk advised Members that it was necessary to prepare a Notice of Vacancy.  Members resolved that a Notice of Vacancy should be placed on the Parish notice boards.   ACTION:  CLERK.
 
17.6  Members had requested the Clerk to obtain a quote from Southern Electric Contracting for the cost of street lighting maintenance in conjunction with EBC’s street lighting project.  Members had then decided against this option, due to the lack of street lights under the care of BPC.  Southern Electric had since provided their quote, which will be filed in the Parish Office for future reference, should the need arise.
 
17.7  OBAG had written, requesting BPC to consider writing to the owner of The Vine Inn to ask them to redecorate the outside of the pub, which is in need of an overhaul.  Members asked for this item to be placed on a future Agenda.  ACTION:  CLERK.
 
17.7  EBC had today emailed following School Road Traffic Consultation discussions.  They have investigated placing flashing speed signs at the roadside and are unable to so as there is insufficient space.  They have also looked at placing chicanes, speed ramps and 30 mph road signs and/or 30 mph roundels on the road and are unable to carry out any of these measures, as there is insufficient lighting in School Road to enable safe usage.  Members asked the Clerk to go back to EBC with a request to reconsider roundels and following any response report the outcome in the Parish Newsletter.  ACTION:  CLERK.
 
17.8  The Parking Operations Manager at EBC has responded regarding the parking problem outside the Post Office.  He has said he is unable to enforce any action, as they do not have any powers over the roadway next to the Post Office and only have power to act in the areas that are double yellow lines in Portsmouth Road itself.  The Clerk however reported that the PCSOs had offered some time ago to monitor this situation.
 
17.9  The Windmill Children’s Centre on the Bursledon School Campus have invited BPC to send a representative to their open day on Thursday, 9 July 2009 from 1.30 pm to 3.30 pm.  RSVP by 30 June 2009 please.  Cllr Milne advised he would attend.  ACTION:  CLERK.
 
 
18. Clerk’s report
 
18.1  The Clerk reported that the parish gates had been locked promptly each evening to avoid the problems being encountered throughout the Borough with illegal access to open spaces.
 
18.2  EBC had confirmed there would be a £20 application fee in establishing the acceptable height of any fences around BPC allotments.  They have recommended that Members suggest a height they would like the fences, when making any application for this information.  The Chair authorised the Clerk to make an application to EBC for a fence 1.8 metres in height.  ACTION:  CLERK.
 
18.3  One of the two benches in the Viewpoint has collapsed, due to rotting.  The Clerk asked Members if they wished for another bench to be reinstated at the Viewpoint or to leave just one bench remaining.  Members wished to leave just one bench at the Viewpoint at this stage.  Cllr Clarke asked the position with regard to the Viewpoint.  The Clerk advised the BPC had cut the grass and trimmed the lower hedges, but the Tree Officer and Richard Mould-Ryan had tried to investigate cutting back the larger trees and replacing the sign, but noone is able to trace the owner’s address.  Cllrs Clarke and Millar asked for this item to be placed on the next Agenda for further discussion.  ACTION:  CLERK.
 
19.  Chairman’s report
 
19.1  The Chair had been at a recent meeting where a new initiative “Park and Stride” was discussed, whereby parents driving children to school were to park in designated car parks further away from schools and walk to help relieve congestion directly outside of schools.  He advised that the Lowford Community Centre Car Park had been suggested for use by Bursledon Infant and Junior Schools.  Members were not too sure how successful this option would be.
 
19.2  Cllr Millar confirmed that he would be on leave from 2 July 2009 to 18 August 2009.  Cllr Clarke confirmed he was able to Chair all BPC Meetings, except the next meeting on 8 July.  Cllr Holes confirmed he would Chair this meeting, but asked the Clerk to remind him.  ACTION:  CLERK.
 
20.  Councillors’ Questions
 
20.1  Cllr Woodhouse had received correspondence relating to John Game nearly being hit by a car in Blundell Lane.  She asked if BPC was able to do anything about this.  Cllr Millar confirmed that Cllr Misselbrook had on behalf of BPC been investigating all possibilities with regard to reducing the speed limit on this road without success.  Cllr Millar suggested that the Clerk refers this enquiry to HCC Highways for further investigation.  ACTION:  CLERK.
 
20.2  Cllr Lippold advised that due to external commitments he was unable to attend many BPC meetings and advised that should Members wish he would tender his resignation.  Members were opposed to this, as they felt that Cllr Lippold had given valid input and support at the meetings he had attended.  Cllr Lippold asked the Clerk and Members to notify him if at any time they wished him to stand down.
 
21.  Exempt Business   
 
21.1  Planning Enforcement.  The items were noted.
 
21.2  Capital Projects.
 
21.3  Assistant Parish Clerk – Approve draft Contract.
 
21.4  Parish Clerk – Approve revised Contract.
 
21.5  Appraisals.
 
 
The meeting closed at 10.19 pm.

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