MINUTES OF KINGTON LANGLEY PARISH COUNCIL MEETING

HELD IN THE COMMITTEE ROOM OF THE VILLAGE HALL ON

MONDAY 14 JANUARY 2008

 

PRESENT:  Cllr. P Hart (Chairman), Cllr. Mrs. Betty Bird, Cllr. J Foster, Cllr. Mrs. Val Giles, Cllr. Dennis Gill,  Cllr. D Styles, Cllr. G Trickey, District Councillor Mrs. Sherry Meadows and County Cllr. Mrs. Jane Scott, Mrs. Sue Hart (Clerk) plus 5 members of the public.

 

APOLOGIES for absence: None

 

 

001.08

                   

 

PROCEDURAL CLARIFICATION

 

The Clerk said that in order to ensure that the Minutes accurately reflected the Councillors who were in attendance at Parish Council meetings when resolutions were passed, she would in future be recording their arrival and departure points if Councillors did not attend the whole meeting.

 

ACTION

 

 

 

 

 

 

002.08

                   

 

RESIDENTS FORUM

 

Mr. Ramon Weston said he had heard that there would soon be changes in the Parish Council. He felt that co-opting new councillors by councillors who themselves were co-opted went against democratic principles. He realised that the alternative would involve the cost of an election but felt that would not be a bad thing and hoped that villagers would be given the chance to vote. Mr. Weston was supported in his view by villagers Mr. Tony Di Vittori and Mr. David Sealy.

 

Mr. Tony Di Vittori expressed concern about the recent flooding in Church Lane because of its potential effect on Clandooe. The Clerk said that this had already been raised with Wiltshire County Council Highways Department (CLARENCE) and would also be discussed with a representative of the Highways Department who was visiting the village on the following Thursday.

 

Mr. David Sealy asked about the current status of the Old Picnic Site on the Malmesbury road as the area had been cleared and asked whether it was agricultural land. Cllr. Hart said that the family who owned the site had been doing Construction Site & Equipment Handling Safety training there and the site was the subject of a potential planning application for a new religious meeting hall.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clerk

 

003.08

 

DECLARATIONS OF INTEREST

 

None.

 

 

 

 

 

004.08

 

MINUTES

 

Minutes of the meeting held on 10 December 2007 were circulated to all Councillors.

 

Cllr. Gill asked for a change to Minute 152.07 2008 Parish Council Meetings: “Annual Parish Meeting” should read “Annual Parish Meeting in Union Chapel”.

 

On a proposal from Cllr. Dennis Gill, seconded by Cllr. Mrs. Val Giles, IT WAS RESOLVED that the Chairman, Cllr. Peter Hart, sign the Minutes and amendments as a correct record.

 

 

005.08

 

 

 

 

MATTERS ARISING

 

·         Minute 150.07 WCC Proposal to Re-Route No.91 Bus down Church Lane: Nigel Bruce-Robertson, Wiltshire County Council’s Area Co-ordinator for North and West Wiltshire, has written to confirm that the use of Church Lane does not now feature in Wiltshire County Council Transport Department’s current proposals.

 

·         Minute 153.07(c) Parish Council 6-monthly Internal Audit:

o        Copies of the Internal Audit carried out by Cllr. Val Giles have now been e-mailed or given to all Councillors.

o        Wooden Benches – The clerk updated the Council on the current insurance cover. It was agreed that renovating the benches should be an agenda item for the next meeting.

o        2008 Contracts: The parish does not have current orders for some ongoing works, namely, Commons cuts, bus-shelter cleaning, footpath maintenance and footpath spraying. It was agreed that this should be an agenda item for the next meeting.

 

·         Minute 153.07(d) Tennis Club Court Resurfacing: The Tennis Club is not currently in a position to put forward a funding request.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clerk

 

 

 

Clerk

 

006.08

 

COUNCILLOR RESIGNATIONS

 

Letters of resignation from Cllr. Mrs. Lynn Atwell and Cllr. Rev. John Schofield were read to the Council.

 

 

 

007.08

 

CO-OPTION PROCEDURE

 

Mr. John Watling, Democratic Services Manager from North Wiltshire District Council addressed the meeting regarding the procedure that the Council needs to follow as a result of the 2 councillor resignations.

 

In summary, the process requires publication of the two vacancies and allowing a period of 10 electoral days during which 10 or more electors could demand an election.  Should this happen, then North Wiltshire District Council would organise an election to fill the two vacant seats.  However, villagers would only be asked to vote if there were more candidates than the number of seats otherwise the candidates would be elected unopposed. Should fewer than 10 electors request an election, then no election would be held and it would fall to the Parish Council to arrange to co-opt people to fill the 2 vacancies.  The method adopted would be at the discretion of the Parish Council, provided the process was fair and open.

 

Mr. Watling explained that an election would only apply to prospective councillors and not to current councillors who were appointed in May 2007.

 

The Clerk said that she had already notified the North Wiltshire District Council Solicitor, Mr. Peter Jeremiah of the resignations. She had also already been sent the public notices to be posted announcing the two vacancies. These will be displayed from Tuesday 15th January until midnight on 4th February.

 

Mr. Watling confirmed that to the best of his knowledge, in the past five years that he had been in office, Kington Langley Parish had always fully complied with regulations governing elections. Members were invited to indicate if they had any knowledge of irregularities in earlier electoral processes; none had.

 

Cllr. Don Styles expressed support to the clerk on behalf of the Council for the way in which this subject had been handled over the past couple of weeks.

 

Cllr. Peter Hart expressed concern about the way in which Cllr. Foster had repeatedly questioned the clerk’s management of election procedure. Councillors had all seen the lengthy exchange of e-mails which Cllr. Hart believed to be inappropriate to the extent of contravening the Code of Conduct to which Councillors are required to adhere.

 

On a proposal from Cllr. Peter Hart, seconded by Cllr. Mrs. Val Giles, IT WAS RESOLVED that the Council instruct Cllr. John Foster that in all matters of Council business he should abstain from any direct contact with the Parish Clerk, Mrs. Sue Hart, including letters e-mails, telephone or talking and that he direct all communications intend for the Clerk to the Council Chairman. The instruction will stand for the next six months.

 

Cllr. Hart also expressed concern that Cllr. Foster had behaved in an inappropriate manner toward the Clerk at a social occasion so on a proposal from Cllr. Peter Hart, seconded by Cllr. Mrs. Val Giles, IT WAS RESOLVED that the Council instruct Cllr. John Foster to refrain from all physical contact with the Parish Clerk, Mrs. Sue Hart, for all time.

 

 

 

008.08

 

 

 

 

 

 

 

MANAGEMENT OF CLERK’S WORKING HOURS – PRIORITIES & AUTHORITY

 

Cllr. Hart asked the Parish Council whether they wished to prioritise the Clerk’s time according to specific categories of work. However, Councillors felt that it was for the Clerk to decide.

 

The Clerk pointed out that any complaints about a clerk should be handled through the Council and not from one councillor directly to the Clerk.

 

 

 

009.08

 

 

 

 

 

 

 

PLANNING

 

(a)   Planning Issues: 

 

Appeal Ref: APP/J3910/A/07/2054745 Land off Church Lane, Kington Langley. The Appeal has been allowed for the erection of 2 5-bedroom houses.

 

When the site was cleared several trees were cut down which were under a Protection Order. The Enforcement officer said that he had been unable to demonstrate proof that the trees were felled by the landowner or his agents and was therefore only able to agree a landscaping plan for the future. This included semi-mature trees being planted at the end of the works. The Clerk said that Environmental Health has regulations which builders must adhere to when working on development sites and she was being sent a copy.

 

(b)   Planning Applications decided by North Wiltshire District Council:

 

07/02902/FUL Allington Distribution Site, Malmesbury Road – Extension of existing water distribution site, construct new reservoir and associated infrastructure.

 

Permission Granted:

7 Dec 07

07/03112/TCA Langley Cottage, Plough Lane – Fell 3 Leyland cypress trees.

 

Consent Granted: 8 Jan 08

 

Planning Application Recommendations decided under powers delegated to the Parish Clerk:  

 

07/03320/TCA, 8 Upper Common – Removal of Acer Tree.

 

Supported (Tree is much too close to house and its neighbour as well as the main drain.)

 

07/03347/TCA, Brightside, Middle Common – Fell one Conifer Tree.

 

 

Supported. (Tree is on the boundary by Ivy House and is in danger of falling into the neighbour’s property. It is also growing into electrical cables.)

 

(c)   Planning Applications for consideration:

 

Reissued Planning Applications:  None.

 

New Applications:

 

07/03272/FUL – Holly House, Ashes Lane – Loft Conversion and Porch

 

Supported

08/00007/RNWL Plough Lane Nursery, Plough Lane – Erection of Dwelling and Detached Garage (Renewal of 05.01815.OUT)

Supported

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clerk

 

 

Clerk

 

 

 

010.08

 

COMMONS EROSION PROJECT

 

(a)  Promises still stand at £5,775 out of the £6,000 target.

 

(b)  Bollards Quotes: The Clerk had obtained a sample of a bollard made from re-cycled plastic from Glasdon. Councillors believed that its appearance would be suitable for the edge of the Common and that it would provide a long-term saving by removing the need for periodic replacement of timber bollards. The Clerk was meeting Mr. Kristian Price from Wiltshire Highways on Thursday morning to review recommended suppliers and for him to look at the sample bollard.

 

(c)   Area 3 Sub-Committee: Cut-off for the February meeting had been on 21st December. The next Committee will be at the start of the new financial year when more money will be available for allocation and means that work can be carried out during the school’s summer holiday. However, Cllr. Jane Scott said that the application should be submitted for the next meeting anyway.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clerk

 

011.08

 

VILLAGE POND

 

There was nothing new to report. Ex-Councillor Mrs. Lynn Atwell has said that she would be willing to continue with this project even though she was standing down as councillor.

 

 

 

 

 

 

 

 

012.08

 

 

PLOUGH LANE FOOTPATH MAINTENANCE

 

A villager has complained about mud along the gravel part of footpath towards Tanner corner (Old Chapel Fields). Cllr. Don Styles said that he walked this area on a regular basis and did not feel that there were any major problems. Councillors believed that the few puddles were not a major consideration for expense at this point in time.

 

 

 

 

 

 

 

013.08

 

KINGTON ST. MICHAEL POST OFFICE CLOSURE

 

Kington St. Michael Parish Council had asked the Parish Council to support them in their fight against the closure of their post office, which has the major advantage of providing off-road parking and disabled access. Councillors agreed that efforts to keep the Post Office open should be supported.

 

 

 

 

 

 

 

Clerk

 

014.08

 

 

CHANGES TO STANDING ORDERS

 

(a) Reference Minute 151.07, 10 December 2007, on a proposal from Cllr. Don Styles, seconded by Cllr. Graham Trickey, IT WAS RESOLVED that a new Item 4 would be added to the Standing Orders as follows: