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Minutes of the monthly Meeting held at 7pm Wed. 19th November 2008.
Present:- Mr A Tinkler (Chairman), Mr P Gunn (Vice-Chairman), Mr P Vernon,
Mr D Radcliffe, Mr D Cain.
Before the meeting commenced there was a presentation by Mr Burton and Mrs Bridle from Transition Isle of Man regarding ‘peak oil’ and other ‘green’ issues.
They left at 7 45pm, when the business of the meeting continued.
1. MINUTES: The Minutes of the Meeting held Wednesday 15th October 2008 having previously been circulated, were taken as read and agreed a true record.
2. MATTERS ARISING
a)Governor’s Visit
Thank you letters to RPC had been received and noted.
Thanks from Ballafesson Church for £200 which was for use of the hall and catering.
The Chairman had received a letter of thanks to the Commissioners from the Lieutenant Governor. He has replied to His Excellency inviting him to visit the Calf with the Commissioners. Government House contacted the Chairman to arrange a date and they suggested 30th April or 6th May.
The Clerk was to write with a formal invitation from the Board.
Mrs Ann Kaye of Glen Chass, one of the Friends of MNH and who provides guided tours on the Calf had been asked by the Chairman if she could do so for the Governor. The Clerk was to write to ask her.
The Clerk was to write to MNH informing them that the visit would be taking place.
There had been an article in the Courier about the visit of the Governor to the Parish.
b)Southern Area Plan
There had been an article in the newspaper regarding Heritage Homes and Ballakilley and Ballachurry land. The reporter had contacted the Clerk who, before speaking to her, cleared it with the Chairman.
National Heritage Area nothing further on this.
c)DoLGE/Local Authority issues
David Quirk MHK had asked questions in House of Keys about Local Authority Reserves. Prior to that DoLGE had asked Local Authorities to provide the information which the Clerk had done after discussing it with the Chairman.
d)Waste Management and Refuse Collection
Refuse Collection Forum. Held on 28th October at Douglas Corporations Service Centre. The Clerk had attended and reported that Refuse Contractors had been included in this. Not many Local Authorities attended – but Ian Jones was there with her and the Peel representative. Kinrade Bros were there with Laxey and Lonan.
Ron Ellison, Senior Health and Safety Inspector from DoLGE gave a talk. Interesting to come out of it was confirmation that Local Authorities are not responsible for the Health and Safety aspect of Contractors other than ensuring that the Contract includes Health and Safety issues.
Also Pam Kermode from Public health Directorate spoke on health issues regarding collecting refuse and hazards which may occur.
Stephanie Gray said she may be able to arrange training at DTI for Refuse Contractors.
A Questionnaire re Refuse Collection Survey had been given out at the meeting.
e)Lighting
The Clerk had received a few reports of lights not working and she had reported them to the MEA.
Mr Radcliffe reported that a resident of Fairy Hill said there was a light at Fairy Hill which was on until 2 30am and this was disturbing her sleep. The MEA had been asked to change the clocks on these lights but this must have been missed. Mr Radcliffe to report the number on the light to the Clerk so she could ask the MEA to change it.
f)Various grass cutting areas
Playing Field – had now been cut as had all the other areas.
g) MNH
Mobile phone coverage – nothing further.
Possible demolition of lighthouse on the Calf. nothing further.
h)Traffic
Plantation Hill
The Clerk had contacted PSM Commissioners. on 17th October to see if they had heard anything from DoT. Their Clerk contacted DoT to ask and had a reply from Mike Barnes, DoT:- ‘Kevin and I visited the location. I will be ordering the “No footway” warning signs and an edge of carriageway road marking shortly.”
It was agreed to wait and see when this would be done.
i)Police
Meeting held 23 October. Crime statistics had been given – 3 in Rushen
Next meeting – 27th Nov at Malew Commissioners. Office.
j)Southern Civic Amenity Site
There was nothing to report as Mr Cain had not been able to attend the meeting.
k)Litter, fly-tipping, beach cleaning, dog fouling
Dog bins – Mr Cain indicated he had looked at the pole at the MEA substation and, as there were cables on it, it would not be suitable to put a bin in it.
Mr Radcliffe asked for a dog bin for Qualtrough’s Lane.
The Clerk would order four bins from Colas.
Litter bin – the one at the Sloc pic-nic site was too damaged to have just an inside so the Clerk was to order one.
Beach cleans –.
CRHS – had not yet done the beach clean. The Clerk was to contact Mrs Messenger.
Ian Costain, Manx Wildlife Trust – Southern members. Letter received from him.
He suggested that RPC take a more proactive approach to beach cleaning, suggesting that, for instance, RPC arrange for beaches to be cleaned after south westerly storms and they/Wildlife Trust publish a programme of events for volunteers. Members have been given a copy of is letter.
The Clerk was to write and thank him for his letter and stating that they would bear in mind what he said, monitor beaches more closely in 2009 and hoped to work more closely with organisations on a charitable basis.
l)Ballafesson Playing Field.
The Clerk reported that there did not seem to be many children using it.
m)Car Park, The Howe Nothing at present.
n)Hedges and Verges
High Hedges
Mr Vernon declared an interest and left the meeting until the discussion and decision were completed.
The Clerk reported that she had received the relevant documents regarding his complaint under the High Hedges Legislation. She had suggested, and it was agreed, that Mr Radcliffe and herself would deal with it and that Mr John Rimington be asked to advise. Mr Radcliffe would ask Mr Rimington if he could go along to the site on the following Saturday.
Mr Vernon returned to the meeting.
Path from Qualtrough’s Lane to Radcliffe’s Close. – There had been several complaints regarding bushes overgrowing onto the public path. The owner had been contacted in the past both by Mr Vernon and the Clerk but little had been done. Mr Vernon had contacted the owner again and he had agreed to cut the bushes back.
o)Newsletter Letter from Economic Affairs Division – Registration Officer, Mr Carse who had read a copy of RPC’s Newsletter and was concerned about the item regarding postal and Parish addresses and the confusion which had occurred regarding the election polling cards for some people in Ballafesson who had been sent polling cards for Port Erin and not Rushen. The item had been approved by all Members. The Clerk was to reply to Mr Carse.
p)Signs
Honna Road. The Clerk was to order a sign for this.
q) Municipal Association
Thursday 20th Nov – Energy Seminar – Strathallan Suite, Douglas.
Mr Gunn, Mr Vernon and the Clerk indicated they would attend this.
r)Southern Swimming Pool
Mr Radcliffe reported that there was no outstanding work to be done on the project.
s)Southern Health Care Committee
Mr Tinkler reported that the last meeting was held on 30th October. Alan Crowe, MLC had spoken and given lots of information regarding the DHSS. With regard to Southlands Mr Crowe said that, once the residents of one of the EMI Units are moved to Douglas the unit will not be staffed. (RPC had been told previously that ‘it would be used for other purposes’)
Mr Tinkler, as Secretary to the Committee, indicated that he would circulate the Minutes once he had them done.
t)Rushen Ambulance Committee
Mr Vernon said that the AGM was coming up. Also that they were now attending more incidents.
u)Marashen Crescent Housing
Mr Vernon gave a short report on the meeting.
v)Web Site
The Clerk was to ask Mr Thornley how many ‘hits’ there had been on the site.
In the New Year she was to arrange for the training for her and Mr Vernon to be able to update the site regularly.
w) Golden Jubilee Trust
Mr Radcliffe had attended this. There were some young people from Laxey there showing the mobile skateboarding facility. If RPC could suggest a useful scheme then funding could be available from the Trust.
This was to be put on the Web Site – suggestions wanted from young people in the Parish for facilities.
x)Accounts and Audit 07/08 & Financial Matters
The Accounts had been received that day for approval by the Board. They had arrived by email, which the Clerk had copied to Members, and had also printed out copies for signing The Chairman, who had been liaising with Moore Stephens, along with the Clerk and Mr Ian Lowey, disagreed with certain aspects of the accounts and would not agree, as Chairman, that they should be signed. He would contact Moore Stephens and point out the errors so that they could be corrected.
The Chairman had, however, agreed in principle that the Accounts be signed once the errors had been corrected and all agreed that the Chairman and Clerk, as RFO, should do so. It was also agreed that the Chairman sign the Letter of Representation.
The Clerk had informed Yvette Mellor of DoLGE that the accounts would be a little late and there was no problem with that.
Risk Management - Moore Stephens had pointed out that RPC needed to carry out Risk Assessment. Arbory Commissioners use the services of Mr Hornsby from Ballakillowey for this purpose.
y)The Craggs, Howe Road
Mr Cain reported that there was scaffolding going up at the house.
z)Rotary Club This was now to be taken off the Agenda.
aa)The land in front of Hillcrest, Cregneash.
Nothing further.
ab)Qualtrough’s Lane. Nothing from G Cringle yet regarding the old vehicle. The Clerk was to write again.
Ac)Allotments
Reply sent to PSM re their letter of 3rd Oct. –
17th Oct. ‘….My Commissioners are supportive of the provision of allotments in the south of the Island. They have, however, a few concerns about your Commissioners’ proposals, while agreeing with the principle. They are not insurmountable and are as follows:………’
We have cited – access through the gate on Mount Gawne Rd (possibly a new entrance could be made near the Amenity Site entrance), parking, allotment society, planning.
Reply received.:- dated 14th . Rec. 18th Nov,
The response of Rushen Parish Commissioners was considered by the Board of Port St Mary Commissioners at their meeting on 7th November 2008.
Access. Port St Mary Commissioners are in consultation with the Department of Transport who have already indicated that they would object strongly to any proposal of a new entrance to the field onto Castletown Road. Consultations are continuing on the best solution to access.
Parking. My Commissioners are also in consultation with the Department of Transport regarding parking on the field as the preferred option of the Commissioners.
My Commissioners had understood that your Board had considered the issue of allotments in Rushen and would like Port St Mary to accommodate Rushen residents in their own plans. Port St Mary Commissioners are only too happy to assist in this matter and a number of Rushen residents wish to become members of the Allotments Society. Unfortunately, this item was not covered in your Board’s response. Accordingly, Port St Mary Commissioners would be grateful if Rushen Commissioners could confirm if they still wish Rushen residents to be eligible for membership of Port St Mary Allotments Society.’ Deputy Clerk.
The Clerk had consulted Roy Corlett of DoLGE (Policy and Legislation Manager). He had informed her that a Local Authority should only be offering allotments to people in its own area as their Ratepayers would be paying for it. The zoning of land for allotments should be included as part of the Southern Area Plan – any recommendations to allocate land for this purpose would have to be sent in immediately.
The Clerk had given copies of the Allotment Act to all Members and recommended they read it carefully.
The Clerk to write back to Port St Mary Commissioners acknowledging their letter and stating that RPC were happy for residents of Rushen to be Members of the Allotment Society at present.
ad)Transition Isle of Man
Mr Burton and Mrs Bridle had given a talk at the start of the meeting.
ae)Water on Surby Road. Sub-station.
The Clerk had emailed MEA about the problem. No reply received.
af)Addresses in Rushen.
Reply from Post Office received. All Members had been given a copy. The Clerk to write a letter of thanks for the information.
ag)Review of Planning System.
Copy of Consultation Paper and Peer Review received and Members had been informed that it could be viewed at www.gov.im/dlge/planning/plan/latesreview.xml .
The Department had published a consultation paper seeking comments on both the report and the changes which were made to the planning system in 2005. They were consulting all those who were regular users of the planning system and welcomed any comments which should be received by 15th December 2008.
Members felt that they had not had sufficient time to read through it so it was to be considered at the December Meeting. The clerk to inform DoLGE that the submission would be a little late.
ah)Insurance
Information from Zurich (via Marsh). They were transferring a number of general insurance policies, including RPCs, to the UK Branch of Zurich (Insurance Ireland Limited (“ZIL UK”) on 1 January 2009. This was noted.
ai)Housing.
Following on from the housing meeting in September, DoLGE were arranging legal training for housing staff late November, early December. The cost would be £100 per person.
The Clerk said that she did not feel that there was much point in her attending as Rushen is only a small Housing Authority. It was agreed that she need not attend.
3/4/5. Revenue, Accounts for Payment and Financial Situation available on full Minutes.
The Clerk had prepared a 6 month report regarding the expenditure so far in the financial year, together with a copy of the Estimates for 08/09 for comparison. Each Member had been given copies of these prior to the meeting.
The Clerk reminded Members that they would be considering the Estimates for 2009/10 in December or January so they should be thinking in the next few weeks of anything extra which should be budgeted for (bearing in mind that RPC had said they expect to be keeping their rates at the same level and would be vigilant with their spending).
6. CORRESPONDENCE
a)Rating objection – Ballarock, Ballakillowey.
RPC had asked for this property to be re-valued as it was rated as ‘agricultural’. It had been used as a Care Home for a number of years. As a result of this the Gross RV had been changed from £65 to £125, making the Rateable value now £100 (£53 previously). The owner, Mr Costain, had objected to this and it had gone to the Rent and Rating Commissioners for a decision. The Clerk had, after consulting the Chairman, sent a letter explaining the reason for the request.
A letter had now been received from the Rating Commissioners stating that this could be determined by written representations providing all parties agreed.
It was agreed that this was acceptable and the Clerk was to inform them of the decision.
b)3rd Supplemental List 2008. Noted.
c)Regeneration of Towns and Villages.
The Chief Minister and his Committee will be holding a seminar for Members of Tynwald, local authority members, local Chambers of Trade and local architects. This would be held at the Manx Museum Lecture Theatre on Tuesday 25th Nov. at 6pm. ‘Mr Simon Quin, Chief Executive of the Association of Town Centre Management in the UK
will be addressing the seminar and will be available to discuss specific issues of regeneration with the audience.’
Mr Gunn and Mr Vernon were to attend.
d)Good Trader Scheme Consultation Paper.
Closing dates for comments 30th Nov.
No comments to be sent.
e)Goods Vehicle Operator Licence Consultation
DoT email Note – ‘We will assume, unless you notify us to the contrary, that you are content your name and/or organisation is published in any subsequent public review document.’
Members were concerned about how the cost implications would affect small businesses and this would reflect on everyone and the Clerk was to reply to this effect.
f)Digital Switchover.
Letter from digitaluk – invitation to join them for a briefing and Q & A over coffee on 26th Nov, 11am at The Hilton. There were no indications that anyone would attend from RPC.
g)PSM Commissioners’ Celebration of Christmas.
Invitation to join them at 7 30pm on Friday 5th Dec. at St Mary’s Church. Noted.
h)Port Erin Commissioners’ Carol Service
Thursday 18th Dec. 7pm at St Catherine’s Church. Noted.
i)SITA (IOM)’s Report 2007. Noted.
j)IOM Children’s Centre.
Leadership in the Community (LinC) development programme which they were to run in the South in February. To promote effective leadership and group work skills, engaging volunteers who want to work within their own communities. The southern consultation meeting would be held at 7pm on Wed. 3rd December at Barrule House Family Centre, Ronaldsway Industrial Estate. (one hour) RSVP
No representatives to attend.
h) Road Transport Licensing Committee.
Applications, decisions and notices. Noted.
i)Endangered Species Bill – Consultation
As this had just been received it was agreed to defer it until the December Meeting.
j)Marine Day.
To be left until the December Meeting.
7. PLANNING APPLICATIONS
a)08/0908. Land at Bradda View, Ballakillowey. Hartford Homes Ltd.Amended Plans residential estate of 5 dwellings with access road, drainage and landscaping.
The plans show that on plot 5 the dwelling had been moved back.
No objections.
b)08/1994. Ballacorkish Farm, The Level. K J Gawne. Erection of an agricultural building.
No objections.
c)08/1938. Shore Hotel, Bay ny Carrickey. Wentworth Enterprise Ltd. Installation of glass panelled wind break to the front.
No objections, provided the toughened glass was considered strong enough to deal with the severe storms encountered in that situation.
d)08/1599. Glendale, Glen Chass. Mr & Mrs Collins. Amended Plans.
Members did not feel that the change in design of the large window over the proposed garage was acceptable. It was a completely different design and out of keeping.
e)08/2015. Homefield, The Level. (the shop). Raven Hill Resources Ltd. Demolition of existing dwelling and erection of two semi-detached dwellings with associated parking.
The Clerk had suggested that all Members should go and see the property before considering the plans. She had taken photographs.
The plans were considered inadequate in that there were no measurements on the plans and no comparisons in height with the neighbouring properties and it was therefore difficult to understand the impact the proposals would have on the area. There were no plans of the existing building showing its footprint. The design was inappropriate for the location. The design for the roadside elevation did not seem to be for the front of a building and the rear elevation completely different. The parking at the rear was inadequate with the exit onto the main road having poor visibility until the exiting vehicle was on the pavement. The proposed roof was of grey tiles and it was felt that this should be slate, the same as other properties in the area.
f) 08/2079. Thie Grianagh, Honna Road . Mr C Smith. Loft conversion incorporating bathroom, dormer to rear elevation and 4 roof windows to front elevation; replacement front door and window.
No objections.
8. PLANNING APPROVALS
a)08/1722. The Mount, Mount Gawne Road. Mr Allen. Installation of six solar panels. Decision – Senior Planning Officer. Issued – 17th October 2008.
b)08/1850. Ballaman, Ballnahowe. Cheeseden Investments Ltd. Alterations, erection of extensions and alterations to driveway.
Decision – Senior Planning Officer. Issued 17th November 2008.
c)08/1559. Glendale, Chasms Road, Glen Chass. Mr & Mrs Collins. Alterations and extension to dwelling. Permission relates to drawings received on 7th August and 16th October. Decision – Acting Senior Planning Officer. Issued 14th November 2008.
9. PLANNING REFUSALS none
10. PLANNING APPEALS
a)08/774. Garthcote, Ballakillowey Road . Mr A Teare. Extensions to dwelling with new driveway and access onto highway.
Appeal Decision - ‘The Minister has considered the report, concurs with the appointed person’s conclusion, and accepts the recommendation that the appeal should be dismissed’
Inspector’s Conclusions:-
8. Having read all of the written representations, I have concluded that the main issue in this appeal is whether the proposed development would cause significant harm to the residential amenities of the adjacent residents.
9. I note from the representations that no objections have been raised to the proposed extensions. Given the location, design and scale of those proposals, I concur with that conclusion. Turning to the question of the new access and driveway, I accept that due to the existence of a ground floor window in the side elevation of Cronk Glass there may be some change in the environment for the residents of that property. However, the northern part of the appeal site is at present somewhat overgrown and unused. It would not require planning permission for the applicant to remove shrubs and use that part of the site far more extensively; it may also not need the approval of the Planning Committee to hard surface some of that land. That would result in a change in circumstances for the residents of Cronk Glass.
10. It seems that in all of the circumstances, for the applicant to create an access and driveway in that location would not cause significant additional disturbance to the adjoining residents. Furthermore, the applicant has offered to erect a fence near to the appellant’s window and lower the level of the drive. In my opinion, that would not only assist in preventing disturbance, but provide improved privacy for the appellant. However, I suggest that an additional condition should be imposed to require details of the location and height of the proposed fence, as well as the level of the driveway to be approved by the Planning Authority prior to commencement of any development.
11. I have taken into account all other maters raised in the written representations but none were sufficient to outweigh the conclusions that led to my recommendation.
Recommendation: 12. That the appeal be dismissed with the effect that the decision of the Planning Committee is upheld subject to the conditions imposed by the Planning Committee and the following additional condition:- ‘Prior to the commencement of any development, details of the location and height of a screen fence along the boundary adjoining Cronk Glass, as well as the levels of the proposed driveway, shall be submitted to and approved in writing by the Planning Authority’.
.
11. COMPLETION CERTIFICATES none
12. OTHER PLANNING MATTERS
a)08/1840. Fairfield, Ballafesson. Erection of timber cabin to replace existing shed.
Letter from Donald Stewart and Clare Williams whose property joins Fairfield. This was a copy of a letter which they have sent to the Planning. Noted.
b)New Windows, Ballafesson Hall.
No Refusal notice had yet been received but it was believed, from speaking to some members of the Church, that the new windows had been refused.
c)Field 410268, opposite Ballarock, Ballakillowey.
Copy of letter sent by Planning Enforcement Officer to Mr A Costain.
‘ re: Erection of a garage, field 41268 Ballarock, Ballakillowey Road.
Further to my visit on 27th October 2008 I can now advise that I have placed the matter before the Acting Senior Planner. You are right in that there can be legal argument regarding where the curtilage of a dwelling-house is and a definition was cited in The Hon. David McAlpine v SOS & Another, 14/11/94. Here three small relevant characteristics of a curtilage were defined: first, it was confined to a small area about a building; second, an intimate association with land which was undoubtedly within the curtilage was required; third, it was not necessary for there to be physical enclosure of that land which was within the curtilage but the land in question needed to be regarded in law as part of one enclosure with the house.
The Directorate has considered these points in relation to the location of the garage and determined that;
(1) field 410268 cannot be considered to be part of a small area about the dwelling house,
(2) it cannot be said to have intimate association with the dwelling-house, or
(3) be regarded in law as part of one enclosure with the house,
And therefore Class 19 of the Town and Country (Permitted Development) Order 2005 cannot be applied. The garage will therefore require planning approval and I have enclosed the forms you will require.
The application, being retrospective should be received before 13th December 2008.’
13. ANY OTHER BUSINESS
a) There was to be a Carol Service at Ballafesson on 14th December. RPC had been invited to be part of this. They had called it a Civic Carol Service but Members felt that it should not be as that would be something that RPC would have organised.
The Rev. Bench had left a message on the answerphone but had not been available when the Clerk rang back.
Members were in agreement that they take part.
b)Ballachurry – building work.
Mr Vernon (and others) were concerned about the builders’ vehicles parking on the road at Ballachurry. There was plenty of room on the site for them to be parked and they were causing congestion at the bus stop and along the road. It was agreed that the developers should be asked to move them to inside the site at all times.
c)Sewers on St Mary’s/Truggan Road .
The Clerk brought forward an item which may be of general interest to the Members. She had received a phone call from a lady on St Mary’s Road regarding sewage on her lawn. She had contacted the Clerk in the past about this problem and she had informed her that it was her own responsibility on her land. It has happened again and the man who looked at her sewer said he thought it was the main sewer at fault – surges of water backing up her sewer pipe. The Clerk suggested she contact DoT Drainage and she had also done the same.
DoT Drainage had referred it to Port Erin Commissioners as they were the Drainage Agents for the area (the residents of that road used to pay a drainage fee to PE Commissioners)
Ms Kaighan, whom the Clerk spoke to at DoT Drainage informed her that a private sewer is the responsibility of the householder until it connects to the main sewer, even if the main sewer is on the other side of the road. This means that roads which have not been maintained or repaired adequately by contractors after they had been digging them up, could damage a private sewer without the householder knowing but, presumably, still having to pay for repairs should their sewer be damaged.
This was noted.
d)Pre-School provision.
Mr Vernon pointed out that there was no facilities provided by the Department of Education for the pre-school age children at either Rushen or Port St Mary Schools. The children in these areas had to go to Victoria Road School in Castletown.
The Clerk was to write to the Department ask why this was so.
e)Travel Watch.
Mr Vernon had attended the meeting regarding travel to and from and on the Island. His particular interest was the bus system and the possible re-vamping of the routes. This had been spoken of several years ago but nothing had come of it.
The Clerk was to see if she could find the documents relating to that.
f)School Governor – Rushen.
Mr Tinkler had been speaking to Mr Thomson, Head Teacher of Rushen Primary School, regarding the possibility of a representative of Rushen Commissioners being a Governor. Mr Thomson had told him he would look into it.
14. DATE OF NEXT MEETING Wednesday 17th December.