MINUTES OF CLAVERING PARISH COUNCIL MEETING
HELD IN THE VILLAGE HALL ON MONDAY 4 JUNE 2007

(Key to votes: P: Proposed S: Seconded F: For the proposal A: Against Ab: Abstained D.Int: Declared an interest).

1 PRESENT: The Chairman, Edward Oliver, Vice Chairman Richard Carter, Nigel Cook, Brian Barrow, Mike Patmore, Edgar Abrahams, Des Abrahams, Rebecca Stanford, Philip Smith and Jon Cooke, together with 5 members of the public. Apologies received from Ron Couchman.

2 DECLARATION OF INTERESTS:
Edgar Abrahams: Prejudicial interest in Item 8 (P3) as receiving funds. Clavering Village Hall and Jubilee Field Committees as Chairman.
Edward Oliver: Personal interest in the letter from Mr Homer as a close associate.
Des Abrahams: Jubilee Field Committee.
Philip Smith: Prejudicial interest in the letter from Mr D Smith who is his father, regarding his letter to UDC on planning breaches.
Prejudicial interest in the planning application from Mr R Couchman.
Richard Carter: Cricket Club request, as a member of the Club.
.
CODE OF CONDUCT The Council voted unanimously to adopt the mandatory provisions of the Model Code of Conduct set out in the Schedule to the Local Authorities (Model Code of Conduct) Order 2007, together with Paragraph 12(2) of the said Order.

3 MINUTES: The Minutes of the meetings of 30 April and 14 May 2007 were approved. Edgar Abrahams said that he had not asked the Parish Council to vote money for the Jubilee Field membership subscription; the Chairman asked the councillors individually and all confirmed that their recollection was clearly that he had done so. The Minutes were therefore confirmed as correct.

4 MATTERS ARISING:
1 Enforcements:
b. Caravans opposite Curles: Awaiting Appeal decision.
c. Barn and lake at Starlings Gn.: UDC deciding if it complies with agricultural or hobby farming.
d. Structure/items at Starlings Gn: UDC progressing; some items had been removed.
e. Parking land at The Druce: being monitored further.
f. Canvas Tent : Had now been removed.
g. Yew Tree Farm, UTT 1074: Awaiting retrospective application.
h. Sign at Jojacks Farm: UDC progressing as sales materials and goods appeared to be imported.
i. Business in Pelham Road: Proposed move to Britannia Works (see Planning Applications).
j. TPO Tree in Sidestream Woodland: The ECC Tree Officer had inspected and confirmed that a pit or trench
had been dug close to the roots; they would be writing to the owner to request rectification and would monitor.
h. Brices Farm: These matters were on the Langley side of the border, but we were informed as those affected were in Clavering parish. Enforcement was being started against the unauthorised outside storage and against the continuing occupation of a caravan by an employee of N Rouse & Co on the premises.

2 Highways & Byways:
a. Speed Limits : VMS unit not working properly.
b. Hill Green yellow lines: Awaiting ECC funding.
c. Byway 50: A temporary Closure Order from 27 March to 10 May.
d. Coley Lane rubbish - awaiting action.
e. Fallen signpost at Butts Green – reported.
f. Gate lights – No response from highways.
g. Potholes - reported. h. Grass verge, The Grange to Ponds.
i. Trees opp. 10 Pelham Rd; Highways had confirmed that these were their responsibility.
j. Mirror outside CVH: Awaiting advice.

3 Other items:
a. Skeins Way lights: Edgar Abrahams to progress objections as District councillor. No action.
b. Village sign: Edgar Abrahams processing; no action.
c. Village Hall heating: CVH had written to say they did not intend to spend funds to remedy the heating problem.
d. Logs on Hill Green: Removed.
e. Bulbs on land adj Cricketers – The land still needs clearing.
f. Youth facilities – No proposals from Edgar Abrahams.
g. Conservation Area Review: The Vice Chairman reported on the public meeting on 10 May when 40 people attended. The meeting was chaired by the Director of Planning, John Mitchell and presented by Bruce Tice. There were many questions and officers confirmed that all views would be collated, including those written ones sent in, and would be taken into account when the Planning DC Committee members made their decision.
h RISK ASSESSMENT review: The Vice Chairman had reviewed this, and went through the various items. All councillors were given a copy to check, and it was agreed to deal with amendments at the next meeting.

5 FINANCE:
Invoices: It was agreed to pay the following:
Xxxx
Xxxx
xxxx

The Clerk was authorised retrospectively to sign that the Audit Annual Report had been approved.

6 PLANNING:
UTT 2019 Affordable Housing: No further news on the remaining house.
FP 22 & 26: Thurrocks Farm: Footpath Diversion applications. No progress.
UTT 0364 Channer, The Maples, Stickling Green. Replacement garage; No news.
UTT 0521 Couchman, High View, Mill Lane. Revised plans for garage. Approved.
UTT 0337 Merrick, Ford End House, Ford End. Replacement windows, cabin/shed. Approved.
UTT 0495 Baker, Hill Cottage Middle St. Withdrawn.
UTT 0827 Holder, 8 Pelham Rd. Change of use at Britannia Works from retail to office. No objections.

APPEALS:
UTT 1481 BF Contracts, 8 houses in Barlee Close: Awaiting result.
UTT 1564 Loveridge, The Patch. House to replace caravan. Awaiting result.
UTT 1111 BF Contracts, 8 houses in Barlee Close: A second Appeal for the second scheme of terraced
houses along the road frontage of Barlee Close had been lodged.

Land adj. Copt Hall/Woodloes, Hill Green: A request for support for a house on this plot from Lee Codrington Associates: It was agreed to advise that there was no domestic access here and that the Council could not comment on any proposals unless a Planning Application was received.

ROLE OF DISTRICT COUNCILLOR: The Monitoring Officer had replied that District Councillors should not meet parishioners to discuss applications without a UDC officer being present, and that they should never meet an applicant on their own. They should not vote at Parish Council meetings, nor commit to a view. It was confirmed that the Council should not expect its District Councillor to represent their views, or those of parishioners, but that the Parish Council could send any member or the Clerk to do this at Planning Meetings, or write in with views.

7 P3 Scheme & Footpaths: Edgar Abrahams left the meeting. A new work proposal for the coming season had  been submitted by Rebecca Stanford, for the same work as 2006. This was agreed, (P:RS, S: EO, F:All). One landowner was still being asked to confirm their work for 2007.

8 LAND REGISTRATION:
Track from Chipperfield House to Hyaway: The Land Registry had advised that an area adjacent to The Laurels and Hyaway had been registered to Hyaway. It was agreed to supply certified copies of Minutes for the registration of the remainder to the 5 adjacent properties to Mr Davey.
Bridges registration: Awaiting the Open Spaces Society book back from Simon Cooke.

9 ACCESSES & GREENS:
a. The Cricketers – Legal advice received from NALC; deferred to next month due to time restrictions.
b. Easements - repayment of funds on stage payment Easement: It was proposed to go into Committee after the meeting as this concerned the private financial affairs of a parishioner (P: EO, S: NC, F:All)..
c. Earth on the Bridges: Agreed that Mr Halls could go ahead with planting the willow although the grading appeared  minimal; but to advise him he should check he had complied with the Environment Agency request first.
5d. Chapel parking: Awaiting confirmation from CVH Committee that their Licence with Ms Moyer had been reviewed to allow all parents to park in their car park.
e. SHOVELLERS, STICKLING GREEN: The Land Registry had given notice of an application to record the Deed of Grant issued by the Council’s Solicitors, Bristows, in 1989, and unless the Council objected, this would be done automatically. The Council had lodged a holding objection as the former clerk, Simon Cooke, had suggested this Deed may have been wrongly issued as there was no legal right to at that time to give permission to do an illegal act concerning Accesses across Greens. It was agreed to ask Bristows if they would cover any legal costs to the Council under their indemnity if formal proceedings were involved, as these Deeds had been issued to at least 12 properties and granted the rights for ‘private roadways’. The Land Registry had set a date of 13 June 2007 for any detailed objection to be lodged
.
10 CORRESPONDENCE:
All correspondence was available in the file and had been circulated and listed to councillors. Some letters were not read out to the meeting as there was no time available.
Clavering School: They had requested parents not to block driveways, and written to apologise to residents.
Training Sessions: EALC dates of courses for new RFO’s – given to Jon Cooke.
Grants: The Clerk had compiled a list of the many grants available to local groups; to be publicised as far as possible.
CVH: A letter confirming they would not be spending funds on the heating system to reduce the noise.
A letter giving details of their views on a mirror opposite the Village Hall for the exit problems.
A letter to Highways asking for more signs etc. to reduce dangers on the exit to the Hall.
A letter apologising for the recent sponsored signs being irresponsibly sited.
Code of Conduct: the Monitoring Officer advised on the system for requesting Dispensations.
Mr Ron Couchman: A further letter on the complaint on the Sidestream Appeal decision and asking for an apology from the Council to Mr Smith. It was agreed that this had been dealt with previously.
Cricket Club: A request for Council permission to put a sponsored advertising sign on the Pavilion: it was agreed there were no objections provided this was in ‘quiet’ colours and not too large, to comply with the Council’s known policy on protecting the Greens from general advertising signs. Richard Carter left the meeting.
EALC – Lubbock Fine information on Audit changes – for the RFO and David Laing. Also advice on Annual Return.
Highways: Proposed changes for verge cutting in 2008 and requiring input now; to be put in the Newsletter.
Highways: Planned Parish Visit in September: input requested now; response for next meeting and for Newsletter.
Highways: Stortford Road repairs were only temporary.
Copy letter from Mr D Smith to the Planning Dept. regarding his complaint on the Conservation Area review process.

11 ALLOTMENTS: It was confirmed that Allotment Rules would be issued in due course.

12 VILLAGE ORGANISATIONS: CVH – letters as listed in Correspondence.
Review of Jubilee Field Trust Deed: It was decided to write to the Charity Commissioners to establish
the status of the Council as Custodian Trustee, and whether the Parish Council holds the land on behalf
of the village or whether the Jubilee Field Committee owns it. This was following complaints by parishioners as to why the Parish Council had ‘given away’ the field. Also to ask whether their Accounts
(unaudited) and Minutes etc. should be freely available to all beneficiaries of the Trust (ie parishioners).

13 STORAGE OF COUNCIL DEEDS: The Clerk confirmed that original documents were continually required for
processing the many legal matters arising in recent years, and the solicitors who had offered free storage had
specified that this was only possible if the Deeds were not frequently required. The Clerk proposed copying
them and and contacted UDC who suggested £400, but after inspecting had said they could not undertake this due
to the nature of the work. Other possibilities to be investigated.

14 ANY OTHER BUSINESS
a. It had been reported that there may have been a breach of planning conditions for UTT/xxxx at The Wheelhouse,
Middle Street, and this had been passed to the Planning Dept.
b. Edgar Abrahams said the village hall heating was being investigated to see of the noise could be reduced.
c. Village Seats : a working party was set up to inspect them all and list repairs/repainting required.

17 NEXT MEETING: Monday, 14 May 2007. There being no other business, the meeting adjourned.
 


MEETNG IN COMMITTEE CONCERNING THE NALC ADVICE REGARDING FINALISING OR OTHERWISE OF EASEMENTS ACROSS VILLAGE GREENS UNDER STAGE PAYMENTS

The advice from NALC in their letter of ……………… was that the contract between the Parish Council and the parishioner concerned under the Vehiclur Access across Common and Other Land Regulations (England) 2002, was still legal and valid and can be finalised even though the Act was now repealed, but that until the law had been challenged in the Courts they advised that Councils had discretion to waive stage payments and cancel the contract if both parties agreed. It was decided to write and offer the parishioner the option to finalise payments and be granted the Easement, or agree to cancel the contract. In the latter case, the Council would refund the £8400 paid to date plus the interest earned.
(Proposed to go out of ctee:: RWC, Sec MP F: All).

17 NEXT MEETING Monday, 14 May 2007. There being no other business, the meeting adjourned
 

   
 

Close window to exit