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Minutes of Meeting held at 7 30pm Tuesday 16th December 2008, Ballafesson Hall
The following Minutes are edited but you can contact the Clerk for the full version or more information on anything of interest in these Minutes.
Present:- Mr A Tinkler (Chairman), Mr P Gunn (Vice-Chairman), Mr P Vernon, Mr D Cain, Mr D Radcliffe.
1. MINUTES: The Minutes of the Meeting held Wednesday 19th November 2008, having previously been circulated, were taken as read. Mr Cain requested, and it was agreed, that in ‘Other Planning Matters’ 12 b) the statement with regard to the planning application for new windows in Ballafesson Chapel, that ‘it was believed from speaking to some members of the Church’ should be deleted and it should read ‘it was noted’. The remainder to the Minutes were agreed a true record and signed by the Chairman.
2. MATTERS ARISING
a) Governor’s Visit
Visit to the Calf. The Clerk had written to Government House regarding the proposed visit.
She had also written to Ann Kaye, who had replied regarding the suitable tides on the dates proposed by Government House. April 30th seemed to be the most suitable day for the tides. The party could leave Port St Mary any time after 13.00 and return any time up to 18.30. Up to twelve passengers could be accommodated on the boat. The other date – May 6th was to be kept as a standby date.
The Clerk had also written to MNH but no reply received.
Mr Tinkler suggested that looking at all of the lighthouses could be part of the visit and it was agreed to write to the Northern Lighthouse Board. Mr Tinkler would give the Clerk the contact name.
b) Southern Area Plan
More information had been requested by Planning regarding specifically which land in Ballafesson, Croit-e-Caley and Ballakilpheric Members would want to be zoned for possible residential use.
The Clerk had replied explaining that Members had not wanted to be specific about certain fields but rather the approximate area e.g. parts of Cronk-e-Dhooney, Croit-e-Caley and Ballafesson. However, the field behind Ballachurry had already been agreed for some residential use. The Ballakilley land would be the subject of the Ballakilley Working Party Public Meeting to be held on 29th January and a submission regarding this land could be given after that, taking into account views given.
National Heritage Area nothing further on this.
c) Review of Planning System.
Deferred from November Meeting. – views were due to be given no later than 15th December. The Clerk had advised DoLGE that RPC’s views would be a little late.
The Clerk had included with the Agendas some guidance notes which may help Members amalgamate their views. These were based on various views made by Members when considering planning applications in the past. The documents were discussed and an agreement reached over the submission which the Clerk was to send in immediately.
d) DoLGE/Local Authority issues
Review of Local Elections 2008. DoLGE had asked for views from Local Authorities. They thanked the Clerks for giving valuable feedback and they gave some initial comments on the views submitted:-
(from DoLGE)
‘No change required
The current payment structure for election officials remains unchanged as they were held by the majority of respondents as being set at an appropriate level (* however, please see comment overleaf)
The current 4 yearly election cycle should be retained as there was no conclusive evidence against or in favour of a return to the old system.
Issues requiring further investigation
Possible Primary Legislative changes -
To consider introduction of proxy voting similar to House of Keys Elections. Section 27 of the Representation of People Act 1995 does not currently apply to local authority elections because Schedule 1 to the Local Elections Act 1986 which applies various provision of the 1995 Act of local elections doesn’t include Section 27.
To consider introducing Deputy Returning Officers – there is a provision under House of Keys elections legislation but not for Local Authority elections – Section 18 of the Representation of the People Act 1995 does not apply to Local Authority Elections.
To look at candidate eligibility. To have more specific disqualification criteria in Section 7 of the Local Government Elections Act 1986.
Possible Secondary Legislative Changes
Local Election Rules
A need for standardisation of forms, details for names, addresses and information required to be consistent with Electoral Roll details.
Review the requirement for the period set aside for objections. It was felt nominations should be formally published immediately after the closing period for submission.
Local Election Rules and Absent Voters Regulations
Need to look at the Election timetable, all schedules for nominations and absent voters should be the same as for the House of Keys elections. Need to clear up confusion about calculation of excluded days also.
*Local Election Fees
To review the duties of the election officials and the fees associated with their roles, particularly where one official may have more than one role during the election process.
The review brought out a number of other issues, some of which the Department would need to consider further with assistance from other Government Departments such as the Chief Secretary’s Office, Economic Affairs and the Post Office.
There were also a number of issues for our department to consider in time for the next election. These included issues such as creating user-friendly guides to the elections legislation regarding, providing clerks with additional information and looking at improved training for relevant election staff.
The information submitted to the Department has been extremely helpful. There is of course much more work to do before any changes are introduced and the Department will naturally keep you advised on progress.
In the meantime, if you have any comments to add on this review please contact Stephen Willoughby, Executive Officer, Legislation and Policy Unit.’
These were noted.
e) Waste Management and Refuse Collection
A complaint had been received by a resident with a second bin regarding the £10 per annum charge. She said she ‘paid enough in rates’.
Members felt that people with a second bin were getting a very good deal at present.
Collection changes for Christmas and New Year – which the Clerk had emailed to Members so that they could give out the information if asked.
Collection due on Christmas Day would be on Saturday 27th and that due on New Years Day would be on Saturday 3rd Jan. Jones Services were to place a notice in the papers.
f) Lighting
Light at The Level – The MEA had been asked for a price for putting a light on the pole by the two new houses at the old garage site. However they could not put one there as it is a Telecom pole but could put one on the pole further down. Cost – £550 + VAT.
The Clerk was to check the plans for the two new houses on the Level Garage site to make sure that no light was to be included in the development.
Mr Cain was to speak with the people in the area to see if a light on that pole would be suitable for them.
Light by 18 Bradda View (Victorian type). This had been reported as not working. The MEA had given a price for a new top or for installing a new modern light. The residents did not want a modern light.
The price for a replacement fitting would be £550 plus VAT.
It was agreed to go ahead with the new Victorian top as the pole seemed in good condition. However, the policy was to be that, should, in the future, a column be found to be damaged it would be replaced with a modern column.
f) Various grass cutting areas
There was nothing on this at present.
g) MNH
Mobile phone coverage - nothing further.
Possible demolition of lighthouse on the Calf. nothing further.
h) Traffic
Plantation Hill It was not known if the lines and sign had been put there yet.
i) Police
Next Meeting 18th December at Castletown Commissioners Office.
j) Southern Civic Amenity Site
A copy of their approved estimates for 2009/10 had been received and Members had been given a copy.
This was noted.
k) Litter, fly-tipping, beach cleaning, dog fouling
Dog bins – ordered but not received yet.
Litter bin for Sloc Picnic area. Ordered but not received yet.
Beach cleans -.
CRHS – had not yet done the beach clean. The Clerk was to contact Mrs Messenger after the Christmas holidays.
l) Ballafesson Playing Field.
Nothing at present.
m) Car Park, The Howe Nothing at present.
n) Hedges and Verges
This was dealt with later in the meeting – in ‘Correspondence’ but is reported here.
Mr Vernon declared an interest in this part of the meeting and left the room whilst it was being discussed.
High Hedges
Mr P Vernon, Kincroft, Surby Road had problems with the high Leylandii on the land belonging to Moorescroft opposite the gable of his house. He had gone through all the procedures required in the High Hedges Act but had no success with Mr & Mrs Felton. He had subsequently submitted all relevant documents to RPC and paid the £150 fee.
On Sunday 27th November Mr Radcliffe and the Clerk, accompanied by Mr John Rimington as consultant visited the area and measured the trees and other distances required and considered all the aspects of the problem. They came to the conclusion that there was a problem with some of the trees taking away light from windows in the gable and the conservatory to the front of the house. The trees in question afforded neither privacy nor shelter to the occupants of Moorescroft nor to anyone in the field in which the trees were growing.
It was recommended to the Board by all three people present at the inspection that the trees should be reduced in height (the action hedge height) to 4.5 metres. However, this is only for seven trees opposite Mr Vernon’s house, from the gap opposite the garden gate in Kincroft up the hill towards Moorescroft and forming part of the boundary of Moorescroft with the main road.
To ensure that everything was done correctly the Clerk had asked the Forestry Division of DAFF for advice and spoken to Mr Peter Williamson on 27th November. He had looked at the trees on the following Wednesday and said that DAFF had no objection to them being reduced. There was plenty of green growth on them below that height so they could be cut without permanently damaging them.. If they were cut below the green growth then the trees would die.
The next stage was to write to the Feltons and Mr Vernon giving details of the conclusions of the Clerk, Mr Radcliffe and Mr Rimington and the decision of the Board.
It was agreed to ask Mr Rimington for a written report and a bill for the work.
The Clerk would then take the necessary action as indicated in the Regulations.
Some of the trees were growing over the electricity wires and could affect them.
Path from Qualtrough’s Lane to Radcliffe’s Close.
This was now in the process of being cut back.
Mr Vernon returned to the meeting and the Chairman informed him that RPC were to take the matter further.
o) Signs, Honna Road – ordered but not received yet.
p) Municipal Association
Mr Gunn said that he had not attended the last meeting. However, he had attended the Energy Seminar along with Mr Vernon and the Clerk and this had been an interesting and informative meeting with Mr Rowaichi from Building Control, Ms Leslie from MEA and George Fincher.
q) Southern Swimming Pool
Mr Radcliffe had attended the last meeting but there was nothing much to report.
r) Southern Health Care Committee
Mr Tinkler said the AGM would be on 15th January. There would be representatives from the three southern practices. Mr Tinkler would be circulating the Minutes of their last meeting when he had them completed.
s) Rushen Ambulance Committee
Mr Vernon said there was nothing to report. He was to seek clarification as to the number of call-outs for Rushen Ambulance there had been recently. He had been involved in an incident where the ambulance had taken a long time to arrive and, on reflection, he had thought he should have called out the Rushen Ambulance.
t) Marashen Crescent Housing
Nothing to report.
u) Web Site
The Clerk was to contact Nick Thornley over the Christmas holidays as it was thought he may be on the Island then.
v) Golden Jubilee Trust
Mr Radcliffe had attended the meeting in Douglas and there was to be another in May.
w) Accounts and Audit 07/08 & Financial Matters
The signed copies had been received from Moore Stephens and Members were each given a copy.
Risk Management – it had been clear from the Auditors Report that this should be done Proof of this would be required for the following year’s Audit. Inquiries were to be made from Mr Hornsby, who had been recommended by Arbory Commissioners
x) The Craggs, Howe Road.
Mr Cain reported that work seemed to be going well on this.
z) The land in front of Hillcrest, Cregneash.
.Nothing at present.
aa) Qualtrough’s Lane.
The vehicle was still there.
ab) Allotments
Nothing further from Port St Mary Commissioners.
ac) Transition Isle of Man
Nothing further regarding this.
ad) Water on Surby Road.
Water was still running down the hill from the Felton’s field. Mr Vernon had spoken to the tenant of the field with regard to clearing the ditch.
The Clerk was to write to the Department of Transport with regard to this problem.
ae) Housing.
Notification had been received regarding the Housing Consultative Conference on Friday 6th March at Mount Murray. The Clerk and Mr Vernon were to attend.
af) Rating objection – Ballarock, Ballakillowey.
RPC had asked for this property to be re-valued as it was rated as ‘agricultural’.
This was being considered on written submission. Further information had been received from the Government Valuer’s Office. This was noted.
ag) Regeneration of Towns and Villages.
Mr Gunn and Mr Vernon had attended this presentation. Mr Gunn gave a short report. This was a Government initiative with a formal structure and local people were being involved.
ah) Endangered Species Bill – Consultation
This had been deferred from the November Meeting. Members agreed just to note this and not give any views.
ai) Marine Day.
Deferred from November Meeting.
A reply to be sent stating that no consent was required from RPC regarding the use of Bay ny Carrickey. Also that RPC hoped to support the event.
aj) IOM Children’s Centre – Leadership in the Community.
Nobody from RPC attended but, when they had phoned the Clerk she had requested a copy of the information which was received by email and forwarded to Members.
ak) Building work at Ballachurry.
The Clerk had written to the developer, as instructed, to ask if the construction vehicles could be parked on site, away from the bus shelter.
al) Pre-School Services.
The Clerk had written to the Department of Education and received a reply from the Deputy Director.
‘..The first nurseries were opened over 10 years ago on the Isle of Man to offer part time (2 ½ hour) places to children in the year before they are eligible to join reception classes.
Since that time the Department of Education has adopted a policy of new nurseries when new schools are built; eg Ballacottier and Cronk y Berry and in areas of most social need; Manor Park and Jurby. It remains the Department’s intention to continue to develop provision when resources permit.
Three years ago we relaxed regulations to permit schools with sufficient capacity to create Foundation Stage Units where nursery age children can work on a part time basis. All schools were given permission to do this, space permitting.
We continue to look at our provision and try to find ways of offering the best possible option in areas of greatest need. We are shortly to go out to consultation on Admissions Criteria for nurseries.
I can assure you that when opportunities arise we do consider all locations and are well aware of the absence of Department nursery provision in the South West although there are no plans to site another nursery at the moment.’ Stuart Dobson. Deputy Director.
This information was noted.
am) Ballakilley Working Party.
Public Meeting at 7 30pm on Thursday 29th January in the Infant’s Hall, Rushen School. The Clerk had booked the hall which had to be paid for at the time of booking – £63.
Required would be posters, article in the papers, item on Manx Radio (Mr Tinkler would give an interview), etc. Maps on boards for people to look at would also be required.
Mr Tinkler would Chair the meeting as Chairman of Rushen Parish Commissioners.
Letters to be sent to Nomads, Burial Ground Board, Rushen School, Dandara. Rushen MHKs
The intention was to give everyone the opportunity to give their point of view.
The Ballakilley Working Party Members were to hold a meeting on 22nd January to discuss the meeting.
3. Revenue, 4. Accounts for Payment, 5 Financial Situation are all available at the Office.
6. CORRESPONDENCE
a) 3rd Supplemental List 2008.
The Rateable Value of the Parish was given as £134,453 which included agricultural hereditaments (i.e. farmland) which are only charged water charges and don’t increase the rateable income. The rateable value on which the yearly estimates would be calculated was RV 118,346 on 1st December 2008.
This was noted.
b) Dept. of Transport /Ensign Homes- Carrick Bay View.
Department of Transport
The DoT had written to say that they had made the decision to adopt the roads and footpaths on Carrick Bay View and they would be maintaining them in the future. On the map it was shown that they were taking over the two small areas of land inside the entrance, also the ‘landscaped area’ on the right hand side of the road by plot 8. They were not, however, taking over the maintenance of the ‘open space’ or any other areas. The Clerk had contacted them to enquire what maintenance they would be providing and was told that, with regard to the land by plot 8 they would only cut back anything which overhangs the pavements – they would not maintain, weed, etc. They said that ‘The Commissioners could take it over and maintain it’.
Carrick Bay View – Ensign Homes (Martin Grant Homes) landscaped area.
They had emailed to say that the DoT had now adopted the roads and footpaths. Also it was their understanding that once adoption took place RPC would take over the maintenance responsibilities for the open space area.
The Clerk had asked what they had in mind – were they proposing that Ensign retain ownership of the land and pay Rushen Commissioners to maintain the land or were they proposing that RPC had outright ownership of it and therefore full responsibility.
RPC had written to them in July 2001 stating that the Commissioners would take responsibility for the open space if the land was transferred directly to their ownership and only after the completion of all landscaping and two year maintenance, as described in their planning application.
They had replied that they agreed in principle to the transfer of the land to RPC after two years maintenance.
It was agreed that the Clerk should reply that RPC would take on the responsibility only if they were given full ownership and if Ensign Homes paid all the legal fees involved.
c) Southlands -
Christmas card received. Also – invitation to join the Residents, friends and Rushen Silver Band at Southlands on Christmas morning at 11am for carols around the Christmas Tree.
The Chairman indicated he may go along on Christmas morning with his daughter.
d) Isle of Man Local Government Pension Scheme
Letter from Deputy Chief Executive. They requested information regarding present/past employees on the scheme, copies of relevant resolution allowing employees the right to join the scheme as they would be undertaking a review of the Scheme in 2009.
As the Clerk had not been part of the pension scheme there was no information to give.
e) Holocaust Memorial Day – 25th January.
Invitation from Chief Minister to attend the service at 3pm at St George’s Church, Douglas.
The Chairman indicated that he would attend and would reply.
f) Smokefree Mann Poster received. Noted.
g) Road Transport Licensing Committee.
Applications, Decisions and Notices. Noted.
7. PLANNING APPLICATIONS
a) 08/2112. Dwelling adjactent to Scholaby Mill, Ballakipheric Road. Hintock Ltd.
Re-instatement of residence and extension to track to Mill.
No objection.
b) 08/2099. Highmount, Ballakillowey Rd. Mr M Wilby. Demolition of utility room. Proposed sun lounge and utility to east elevation; loft conversion to create 2 bedrooms and bathroom incorporating dormers and roof windows; widening of existing driveway.
No objection.
c) 08/2179. Cooil Injil, The Level. T Murphy and P Carswell. Alterations and extension.
No objection.
8. PLANNING APPROVALS
a) 08/1857. Ballasherlogue, Ballakilpheric Road. Mrs S Cashmore. Erection of an extension. Decision – Acting Senior Planning Officer. Issued 28th November 2008.
b) 08/1470. Ballafesson Methodist Hall. Miss J Wilkinson. Installation of replacement windows and doors. Conditions include – 2) Permission relates to the installation of replacement windows as shown and described in the information and plans received on 28th July 2008, where the glazing bars on those windows fronting onto the A32 Ballafesson Road are fitted on the exterior of the pane – those on the windows in the side and rear elevations may have internal plastic glazing bars.
Decision - Acting Senior Planning Officer. Issued – 26th November 2008.
c) 08/0908. Vacant Land at Bradda View, Ballakillowey. Hartford Homes Ltd. Residential estate of five dwellings with access road, drainage and landscaping.
Conditions include – 3. Prior to commencement of any works on site, those trees shown on the approved plans as being retained must be adequately protected by the erection of fencing against damage during excavation and construction works. Such works must be undertaken in accordance with BS 5837:2005 – Trees in Relation to Construction and such fencing retained for the duration of construction works.
Decision – Planning Committee. Issued. 28th November 2008.
d) 08/1938. Shore Hotel, Shore Road. Wentworth Enterprise Ltd. Erection of a wind break. Decision – Acting Senior Planning Officer. Issued – 2nd December 2008.
e) Field 411077 Ballacorkish Farm. Mr KJ Gawne. Erection of an agricultural building. Decision – Acting Senior Planning Officer. Issued 8th December 2008.
9. PLANNING REFUSALS
a) 08/2015. Homefield, The Level. Raven Hill Resources. Demolition of existing dwelling and erection of two semi-detached dwellings with associated parking.
Reasons for Refusal:
1. The proposed dwelling would represent a poor replication of the traditional property which is being replaced and the other buildings alongside it. The cottages in the row have regular lines of windows in each floor – the proposed dwelling has two sizes of window in the upper floor and a wider porch than is generally the case for traditional properties. The inclusion of toilets within the front porch structure is not likely to be particularly pleasant for the occupants of the proposed properties as the window serving these rooms are immediately adjacent to the footway. The roof of the property is to be finished in a material that is not slate, thus not sympathetic to the streetscene and the inclusion of overhanging eaves without the kneeler stones of the adjacent properties nor dentilled cornicing on the existing property and roofing which extends beyond the gable walls, all represent features which are not found on the traditional properties alongside.
2. The inclusion of balconies and the increase in the number of dwellings and therefore occupants of the buildings on the site will result in opportunities for overlooking and perception of being overlooked from the properties to the rear, opportunities and perceptions which do not presently exist.
3. The arrangements for parking and access are inadequate to serve two properties: the access does not provide for two vehicles to pass and the parking spaces are tandem spaces with inadequate space for vehicles to turn, thus resulting in considerable movement and thus potentially nuisance for those in Stone House form vehicles driving and potentially reversing up and down the access road to get in and out of the site and potential for confusion and detriment to road safety when an emerging vehicle may meet one trying to access from the site.
4. It is considered that the site is not of a sufficient size to satisfactorily accommodate two dwellings with the required access to parking.
5. The proposed building is deeper than the existing and as such the longer western gable and greater massing come much closer to Stone House that does the existing and as such is likely to dominate the rear of this property and adversely affect the light and outlook therefrom.
6. The application contains insufficient information to demonstrate the full impact of the dwelling in terms of any reference or information relating to the existing building and no information or drawings of the other properties in the streetscene or to the rear which are considerably lower than the application building.
Decision – Acting Senior Planning Officer. Issued 8th December 2008.
10. PLANNING APPEALS
REQUESTED
a) 08/0908. Vacant land at Bradda View. Hartford Homes Ltd. Residential estate of five dwellings with access road, drainage and landscaping.
An Appeal has been requested.
(A letter from Mr & Mrs G Faragher, 8 Ballakeyll had been received – regarding their objections to the application, which was permitted. They objected to the size of the house which would be behind theirs).
DECISION
b) 08/1078. Sarah’s Crag, Fields 411949, 411951, 414535, Fistard Road, Glen Chass
Mr F Maddrell. Approval in Principle for the erection of a dwelling.
The Appeal has been held and the Inspector has recommended that the Appeal be dismissed. The Minister has upheld this decision. Therefore the Planning Committee’s decision to refuse the application is confirmed.
Inspector’s Conclusions:
‘21. I inspected the site and its surroundings on 3rd November 2008. In my consideration of all the submissions and representations made, it seems to me that the main issues are: status of tholtans; whether this site constitutes a natural extension of Port St Mary; and whether there are any special circumstances applicable to this case.
22. Tholtans are found across the Isle of Man. Mr Maddrell claimed that it was unusual for tholtans not to be in more isolated rural areas; in that sense Sarah’s Crag was unique. I note that tholtans have no special mention in planning policies and normally the planning policies are applied in the same manner to tholtans as to any other old rural dwelling. I judge that making a special case for this tholtan could become a precedent for unknown tholtans in other communities in rural areas which are not identified with a special status in the Isle of Man Strategic Plan 2007.
23. The appeal site clearly lies outside the boundary for the draft Port St Mary Village Plan. The boundary is the river to the east of the appeal site. I do not consider that the appeal site can be regarded as a natural extension of Port St Mary because of the intervening glen with its steep slopes. Glen Chass has not been identified as a settlement with any status in the Adopted Strategic Plan. From my visit, I do not consider that the appeal site lies within any grouping of dwellings nor could the site be considered as infill.
24. I have carefully considered all the special factors raised by Mr Maddrell, but I conclude none can outweigh the presumption against development in the countryside expressed in Strategic Plan, and particularly in General Policy 3 and Housing Policies 11 and 13.
25. The presence of the protected speckled bush cricket would not in my opinion be a determining issue in determining the appeal as I believe that some suitable habitat could be retained through an appropriate planning condition.
26. I have considered all the other matters raised at the Inquiry and in the submissions but they are not such as to affect my recommendation.’
John Tuner – Independent Inspector. 12th November 2008.’
11. COMPLETION CERTIFICATES none 12 OTHER PLANNING MATTERS none
13. ANY OTHER BUSINESS
a) Christmas Meal
It was agreed that the Chairman would arrange this for sometime in late January – possibly Saturday 24th at the Shore Hotel.
b) Dilapidated Buildings.
The Clerk reported that there had been an article in the Examiner regarding Port Erin Commissioners who had been asked by Juan Watterson MHK to send a representative to the working party he proposed be set up regarding dilapidated buildings – the first meeting to be on 29th January.
No letter or other communication had been received by RPC from Mr Watterson regarding this matter.
The Clerk was to write to ask if he had perhaps forgotten to contact Rushen Commissioners. It was also noted that the Ballakilley Working Party meeting was to be held that night.
c) Christmas Tree for the Parish.
It was agreed that Mr Cain and Mr Vernon would look into the possibility of having solar powered lights or battery powered LED lights so that a Christmas Tree could be put up, possibly at the Parish Church on the ‘green’ now that RPC was maintaining it. This would avoid the necessity of installing an electricity junction box.
d) Santa’s Sleigh
A donation of £30 t be given to Mr M Cringle towards the cost of the sweets which Santa gives to the children when he is travelling around the area.
14. DATE OF NEXT MEETING Wednesday 21st January 2009.
This part of the meeting closed at 10pm.