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Minutes of Public Meeting 18th February 2009
These Minutes are edited because they are lengthy – the full Minutes including all the financial information may be obtained from the Clerk
Present: Mr A Tinkler (Chairman), Mr P Gunn (Vice-Chairman), Mr D Cain,Mr D Radcliffe.
Apologies: Mr P Vernon.
The Meeting started early as several residents of Mount Gawne Road had indicated that they wished to attend with regard to Port St Mary Commissioners’ proposed allotments on Mount Gawne Road.
Those residents attending were – June Collister, Mr & Mrs Teare, Maureen Rodgers, Anne and Jan Lumsden, Mr & Mrs G Woodward.
The Chairman had the agreement of the Board to bring forward the Allotment part of the Agenda to the beginning of the Meeting and he invited the residents to speak if they wished.
The Clerk had sent an email to Mrs Collister informing her that Rushen Commissioners had had a meeting with Port St Mary Commissioners and now had a representative on the Allotments Committee so that they would have input. Port St Mary Commissioners had also been informed that RPC had insisted that the Mount Gawne Road entrance could only be used by the disabled and for emergency access and also for people arriving on foot. Access must be via the outer gates of the Amenity Site entrance.
The Residents had various concerns regarding the Mount Gawne Road access including problems with parking by people using the allotments and movement of the extra traffic with the possibility of up to 76 extra vehicles associated with the allotments. There was already quite a lot of through traffic using that road, some of them driving faster than they should in such conditions. The residents needed parking for their own cars and access to their driveways. There were also large farm vehicles using that road. They had been told that the field was going to be ploughed shortly and it was not known if the allotments would subsequently go ahead with no hardstanding on the field (and therefore parking problems on the road) and no other access.
Residents thought that on summer evenings and weekends many of the allotment holders would be there with their vehicles.
The Clerk pointed out that she had attended a Police Meeting and a Traffic Meeting and both the Police and DoT had indicated that they opposed the access to the allotments being from Mount Gawne Road.
Some of the residents were concerned about the security of their properties as there would be a lot of strangers at the allotments and they felt more vulnerable than with their properties backing onto just a field as at present. If there were 76 allotment holders how would anyone know who should be there?.
The Residents also felt that ‘change of use’ should apply as there was a significant departure in use from having one tenant to 70+ people using the field.
The Chairman said that maybe the Mount Gawne exit should be blocked off completely.
It was felt that the Amenity Site entrance would be the natural access for emergency vehicles and the Ambulance Station was closer to that access. A fire engine would not fit in through the Mount Gawne Road gateway.
Mr Cain, who was Rushen’s representative on the Amenity Site Board, said that they had spoken about the access being via the outer gates but there had been concerns about security. They would need two gates. DoLGE were responsible for the remainder of the site including hard standing to the right of the outer gates, where there could be parking.
Port St Mary Commissioners were in negotiations with DoLGE to try to secure that area for access and parking.
June Collister said that they had tried four times to have a meeting with Port St Mary Commissioners but had been unsuccessful. They had replied that they ‘would meet with the residents’ but had not done so. The Chairman said that they needed to engage with Port St Mary Commissioners and they could do this by way of a Requisition Meeting. All they would need would be to get twelve signatures and petition the Captain of the Parish to call a public meeting. This would include Port St Mary Commissioners.
There was further general discussion and the residents then left the meeting.
The matter was discussed by the Board within the meeting. – 2 Matters Arising (t)
Mrs Elizabeth Leadbeater had attended to listen to discussions about her parents’ (Wing Commander and Mrs Felton) High Hedges dispute. With the agreement of the Board the Chairman invited her to speak if she wished, which she did. This part of the meeting is reported at 2 Matters Arising (j).
Mrs Leadbeater then left the meeting.
1. MINUTES: The Minutes of the Meeting held Wednesday 21st January 2009, having previously been circulated, were taken as read. There was one correction at 2 (am) Christmas Tree – which should have read Mr Radcliffe and Mr Vernon (not Mr Cain and Mr Vernon). This was altered and then the Minutes were agreed a true record and duly signed.
2. MATTERS ARISING
a) Estimates 2009/10.
These were further considered. It was agreed that there should be an allowance of £1,000 for the provision of a new computer; there should be no provision for ‘attendance allowance’ as all Members agreed that they would not be claiming an allowance in 09/10 financial year. The Clerk’s salary was to be increased by 5% to £10,000. The Clerk had left the room whilst this was being discussed. The Chairman said that he and the Members appreciated the amount of work done by the Clerk and the Contract would be reviewed the following year to take into account extra responsibilities such as dealing with the High Hedges cases.
It was agreed that the Rate for the forthcoming year should remain at 67p in £ plus the £5 per household charge and that they were all happy to run at a deficit as there were enough funds in the reserves to cover that.
The Clerk was to make a press release regarding the Rate being kept at 67p due to good housekeeping.
b) Governor’s Visit to the Calf.
Reply received from Northern Lighthouses. They confirmed that they would be pleased for His Excellency and the Commissioners to visit the lighthouse. They had a retained lighthouse keeper, Mr Fox, who could show the official party around.
The Clerk had contacted MNH again as there had been no reply to her November letter to them. She had been speaking to Mr Cregeen, the Acting Director, who had indicated that it may be too dangerous to take anyone around the old lighthouses. She had emailed him a letter requesting permission to take His Excellency around the old lighthouses and also to have the services of Mr D Robinson, who works for MNH to show the Official Party around the Calf and, once a reply had been received, Government House could be contacted regarding the itinerary. There would be 12 spaces on the boat.
c) Southern Area Plan.
Public Meeting re Ballakilley land – BKWP
The Clerk had emailed her Report on the Meeting and the results of the questionnaire to all Members of RPC and BKWP and to the Clerks of Port Erin and Port St Mary Commissioners.
It had been well attended, despite other meetings being held, and everyone who wished to speak had been able to do so.
It was agreed that RPC should put out a press release as the views of both Port Erin and Port St Mary Commissioners had been given coverage in the papers regarding this matter.
Mr Cain congratulated the organisers of the meeting.
Community Engagement Meeting – 4th March 12 – 7 30pm at Ballafesson Hall.
DoLGE had written again regarding this:-
This is an opportunity for the residents of Rushen to give their views on:
1. What do you like in your area?
2. What don’t you like about your area?
3. What your hopes are for the future?
The Members (with the exception of Mr Radcliffe, who would be off-Island) and the Clerk would attend at various parts of the day.
d) Review of the Planning System. Nothing further on this at present.
e) DoLGE/Local Authority Issues Nothing further at present.
f) Waste Management and Refuse Collection.
Jones Services - increase for 2009/10. RPI was 2.8% in January. RPC had previously said they would increase it the same amount as Arbory Commissioners – they were making a 5% increase. This matter was discussed and it was agreed that the increase should be 2.8% plus a further one-off amount to take the final amount to the equivalent of 5%. Jones Services to supply RPC with an invoice for £517 which would be paid separately in the 09/10 year..
g) Lighting
The new Victorian lantern had been put on the light by 18 Bradda View.
Email from MEA – lights at Ballakillowey roundabout and Ballagawne Road. (copied to Members)
MEA were proposing a scheme whereby they were removing the overhead line from the roundabout and along Ballagawne Road adjacent to the Ballagawne Nursery. They would put in a new light on the roundabout with an 8 metre column and 150w fitting. They could also replace the 4 pole mounted lanterns with 5 new 6 metre columns in conjunction with the scheme if RPC made a contribution of £6,834 plus vat.
The alternative would be to leave the 5 existing pole mounted lanterns and the MEA would release responsibility of the poles to either Manx Telecom or RPC.
The Clerk pointed out that two of the bracket light fittings which they would take out were fairly new – it would seem a good idea to ask them to put these on other poles which have the very old-fashioned small lights – there was one over at the bottom of Ballakeyll and one down by Rushen School..
It was agreed to go ahead with this and suggest that some of the bracket lights could be used again.
h) Various areas – grass cutting
Mower - The Clerk said that there was a problem trying to get it out of the Playing Field as it did not fit through the small gate but had to be taken through the gate into the adjoining field and out that gate onto the road. This was very muddy and there were horses in the field. She said she and Mr Kelly would try to get it out somehow so that it could be collected by IOM Farmers for servicing.
i) Carrick Bay View.
Judy Thornley was acting for RPC in this matter. The procedure could not be dealt with by Deed of Gift it had to go through the whole conveyance process. The Clerk said that it was all in hand.
j) High Hedges
On 5th February the Clerk had posted by Recorded Delivery a set of Documents which was the next stage in dealing with the High Hedges complaint regarding Moorescroft, Surby Road.
Sent were – a letter following the guidelines given in the legislation together with a copy of Mr Vernon’s completed Complaint form (which he had already sent to Wing Commander and Mrs Felton), a Questionnaire to be completed by them and returned and also a copy of the document – ‘High Hedges/trees: making a complaint’. All these documents were required to be sent to the owners of the hedge before the next stage which was the Remedial Letter. She had given them until 16th February to reply so that RPC would have any correspondence from them before the Meeting. A letter reply had been received from them. They felt that there was not a problem with their hedge affecting the neighbour. The MEA had told them that if there was a problem with the overhead wires they would have approached them directly. They felt intimidated by Mr Vernon as he was one of the Commissioners and could be using his office to influence the outcome.
Mrs Leadbeater, daughter of the Feltons, had attended at the start of the meeting and was invited by the Chairman, with the agreement of the Members, to speak about the matter if she wished. The matter was discussed fully.
The Clerk, as Case Officer, and the Members explained the situation. That the responsibility for administering the High Hedges Act in Rushen had only recently been taken on by the Commissioners.
It was explained to her by the Clerk, as Case Officer, and the Members that the Act gives clear guidelines regarding measurements so that there can be no faulty perception or bias by those looking at and taking the case forward. Historical matters were irrelevant and what was considered was the situation at the time of the complaint.
The Clerk explained that, as Case Officer, and because Mr Vernon was a Member of Rushen Commissioners and there could be a perception of bias, she had been very careful in dealing with the case. An independent advisor had been employed to take the measurements and Mr Radcliffe, who had been elected in May 2008 and therefore the newest Member, had accompanied her and the advisor when attending the site and taking measurements and other relevant information. Mr Vernon had always declared an interest when this case was being discussed at the Board Meetings and had left the room. He had no input in any decisions.
Mrs Leadbeater then left the meeting.
It was agreed that the Remedial Notice be sent, as planned,
k) Traffic
There had been a complaint via Port Erin Commissioners regarding the junction of Castletown Road and Shore Road – a driver felt that the junction was too dark and should be lit up. The wall at Ralph Cregeen’s house seemed to ’stick out’. They were putting it on the Agenda for the Traffic Meeting.
Traffic Meeting – Wed. 28th January. Attended by Mr Vernon and the Clerk.
Items dealt with included -
i) Speeding at Rushen School - DoT had been promising to put in 20mph zone with flashing speed lights. These were supposed to be installed ‘during the school holidays’ last Easter/Summer. Still not done and they had not even ordered them. On pressing them regarding the urgency of this they promised they would be done within a couple of months. They said that they needed to make Traffic Orders which would delay them starting for 2-3 months but the Clerk had said she thought that they had already done those – they would check. This matter was now prioritised.
ii) Junction at Ballafesson Corner - parking. DoT did not know that the new entrance to Ballachurry yard development was now in. They were to look at it. PV and GK suggested that there be double yellow lines from the new entrance down to the junction.
iii) Plantation Hill. They had promised that the signs and road markings would be installed. GK reminded them that they were not done yet. The signs ‘are on order’. To make a footpath it would have to be in the field and be done with the owner’s consent. It could be done with co-operation between the Local Authority and the landowners. It could be made a Permissive Route with agreement between the parties and this would open the land for use but the landowner would retain control and could close it down. It would not be a public right of way. Anna Goldsmith from the DoT Public Rights of Way would be the best point of contact.
(there was nobody there from PSM Commissioners so could not discuss it with them).
iv) The junction of Castletown Road and Shore Road. Port Erin Commissioners suggested street lighting should be put there – ‘lots of people walk there from the Shore Hotel’. This road forms the boundary between Rushen and Port St Mary.
DoT said that if lighting was to be considered there would need to be at least two. The Clerk had suggested one on the island in the middle of the road but this would be dangerous – ‘just something else to be hit by a vehicle.’
DoT were to look at the junction and put hatching and white lines on the road and install a new, more modern, bollard which would be highly reflective. The situation would then be monitored.
v) Allotments – Mount Gawne Road. The Clerk brought this up on AOB. (there was no representative from PSM there). DoT indicated that they had received a planning application/detailed plans for this and they would not agree to the entrance being on Mount Gawne Road. They had sent back the plans. Their preferred entrance was through the Amenity Site entrance.
Mr Cain asked the Clerk to report that the vegetation on the hedge alongside the entrance to the car park at Cregneash needed cutting back to improve the visibility coming out of the car park.
l) Police
The Clerk had attended the Police meeting on 22nd Jan. Crime figures were given – none in Rushen.
Letter from Inspector Musson – there had been a reduction in recorded crime of almost 10% compared to last year. High levels of detection currently stood at almost 58%. They would like RPC’s views on what most affects their area of responsibility, what major issues most affect the quality of life in our area so that the Police can again prioritise both Police and Partner Agency focus for the year ahead. The 2009/2010 plan would then be produced for March and would, again, be distributed with the rates.
Members felt that the misuse of alcohol and drugs were the main problems, along with the lack of things for teenagers and young people to do if they were not sporty or musical.
The Police were to be asked to come to a meeting.
m) Litter, beach cleans, fly-tipping, dog fouling, etc
CRHS were to carry out a beach clean on 14th March at Bay ny Carrickey.
Fly Tipping - The Clerk had received a call that there had been some fly-tipping on Ballnahowe Road, near Ken Quine’s seat. H K and she went up in the truck and removed two very wet mattresses and took them to the Amenity Site.
n) Signs
Mrs Felton had agreed that the Honna Road sign could be put on her wall but remarked that cars park there, especially at night, so it might not been seen.
Mr Radcliffe said that he would look at the area at night to see where the best place would be to put it.
o) Ballafesson Playing Field
Mr Cain reported that he had made enquiries regarding swings and was waiting for someone to get back to him with regard to this.
p) Web Site
The Clerk had been in touch with Nick Thornley who had indicated he would be back on the Island in a few weeks and would contact her then with regard to her and Mr Vernon learning how to update the web site.
q) Southern Civic Amenity Site
The Clerk had been informed that the Board had a meeting on 29th and were discussing the possibility of the entrance being used as access to the Allotment field. There was nothing further on this.
r) Southern Swimming Pool
A cheque had been received from the Swimming Pool Board for £347 39 being a refund from Castletown Commissioners regarding the estimated loan charges for 2007/08.
Mr Radcliffe said there was nothing new to report from the last meeting.
s) Municipal Association
Mr Gunn was to attend the next meeting, the Agenda for which had been received.
t) Allotments
RPC had a meeting with some of Port St Mary Commissioners on 30th Jan. The Clerk had emailed to all Members the report on the meeting which she had made and including a piece to be minuted. Also copied to Members was Port St Mary’s Report. Also copied was the questionnaire which PSM were giving to the prospective allotment holders regarding their intended mode of travel to the allotments and when they intended to be there.
As part of the agreement reached in that there could be people from Rushen as allotment holders and after discussing it with PSM’s Deputy Clerk, the Clerk had written to the seven people who had written to RPC to say they would be interested in having an allotment. She had informed them that if they were still interested, they should contact PSM immediately. She then emailed to PSM’s Deputy Clerk their names who subsequently indicated that one of them was already on their list. As they had contacted RPC on October 2008 they would be put on the list as having applied for an allotment at that time.
Due to the discussion with some of the residents of Mount Gawne Road at the start of the Meeting it was agreed that their very valid concerns needed to be taken into account and that there would need to be a change in the agreement reached with Port St Mary Commissioners. It was agreed that there should be no access through the gate in Mount Gawne Road because any access there would cause a problem.
It was felt that Port St Mary Commissioners were rushing into setting up these allotments and that it should be left for a year until the infrastructure was in place before the allotments were let. In that way the residents’ issues could be addressed and there would be fewer problems.
The Clerk was to write to Port St Mary Commissioners to this effect and to let the Chairman approve the letter before it was sent.
u) Southern Healthcare Committee
Minutes of their meeting held 30th October and AGM held 24th January had been received from the Secretary and RPC representative, Mr Tinkler. These were noted and made available for the Members to read if they wished.
v) Marashen Crescent
As Mr Vernon was not present there was nothing to report.
w) Rushen Ambulance
As Mr Vernon was not present there was nothing to report.
x) MNH
Mobile phone coverage – Meayll
There was nothing further to report. The Clerk was to contact Cable and Wireless to ask if any progress was being made.
Lighthouse on Calf – possible demolition
The Chairman said that he had been speaking to a Northern Lighthouse Commissioner who had said that there was probably no problem. The Clerk asked if it should now be taken off the Agenda but the Chairman indicated that it should be left on.
y) Car Park, The Howe
z) Risk Assessment
This had been left for the moment as there was so much other business being dealt with at the moment. The Clerk was to contact Mr Hornsby and invite him to the next meeting.
aa) The Craggs, The Howe
The scaffolding was now down and the property was looking better although not all work had been finished yet.
ab) Land in front of Hillcrest, Cregneash.
Mr Cain has asked David Cooil to cut the vegetation on this, which he had done.
As Rushen Commissioners could not be involved in this matter unless they leased the land the Clerk was to write to John Qualtrough (for Mr Karran) so that the matter could be discussed fully at a site meeting.
Ac) Golden Jubilee Trust
Mr Radcliffe reported that there had been a meeting the previous week. There was going to be half-day Challenge Event and Local Authorities may be involved.
Ad) Surby Road – water (also smell of gas)
Nothing from DoT. Regarding the water but the Clerk reported that it had stopped running.
Smell of gas – Mrs Felton phoned the Clerk saying that she had received complaints from neighbours about a smell of gas near her house (she has a bulk gas tank in her back garden). She had the gas men there three times and they said there was nothing wrong with her tank. She thought it could be coming from the house across the road. The Clerk went to have a look and, as it seemed strongest in the middle of the road she thought it could be coming from the sewer. She contacted the DoT Drainage Dept and asked for someone to come out to look at the sewer. They had done that and reported back that there was nothing wrong with the sewer.
The Chairman said that there was still a smell of gas.
Ae) Regeneration of Towns and Villages.
Email from Jonathon Crookall-Nixon. He had been appointed the Project Manager for the scheme which, subject to Tynwald approval on 17th Feb. ‘will afford exciting opportunities throughout the Island for many of the town and village centres where tangible benefits can be derived from some form or means of strategic regeneration. ……………. The key to early success will be the formation of Local Regeneration Committees and identifying the Regeneration Areas.’
This was noted and was to be kept on the Agenda.
Af) Building work at Ballachurry. Nothing further on this.
ag) Dilapidated Buildings
Mr Juan Watterson MHK had sent a further email with information and this had been forwarded to all the Members.
Mr Vernon was to attend his next meeting regarding this.
ah) Housing Conference 6th March.
The Agenda had been received and Mr Vernon and the Clerk were to attend the whole-day conference.
ai) DAFF Marine Nature Reserve Project – Community Meetings The Clerk reminded everyone that there would be one at Mount Tabor on Wed. 25th February (the Port Erin one as it was on 29th Jan – same as BKWP Public Meeting and so Members could not attend).
Some of the Members and the Clerk indicated that they would attend.
aj) Defamation issue – Onchan Commissioners
Mr Gunn had taken the letter to read. This was regarding a possible defamation issue raised by Onchan Commissioners who had shared the legal advice regarding this matter with other Local Authorities for their information.
ak) Beating the Bounds. Nothing further on this at present but to be kept on the Agenda
al) Post Box at The Level
The Clerk reported that builders had built up the wall at the site but there was room for the post box to be returned. The Clerk had spoken to one of the men in charge and they indicated that there would be no problem with it being put back there. The Post Office would have to do this.
The Clerk to write to the Post Office to ask when it would be re-instated.
am) Arbour Week
The Clerk to get a price for a tree to be put on Croit-e-Caley Green.
An) Christmas Tree 2009. This was in hand.
6. CORRESPONDENCE
a) Public Sector Rent and Allowances for 2009/10.
Letter from DoLGE’s Housing Policy Manager. Rent increases and allowances for year 09/10 had been confirmed by the Council of Ministers as follows:
1. Rent point value to be increased by 5% to 96.33
2. Maintenance Allowance to remain at 33.3% of rents collectable
3. The administration allowance in 09/10 should remain as agreed by Council in 2006 as 7.5% but subject to the Authority delivering on common performance standards to demonstrate effective management and service delivery
4. The Community Reserve retention for sheltered housing should remain at 10% in the interim subject to the outcome of the current review.
These were noted.
b) Withdrawal of payphone – Surby Old Post Office.
Letter from Manx Telecom. They were planning to withdraw the payphone located at Surby Old Post Office:- ‘We understand that withdrawing any public payphone may cause concern to some local residents, but would stress that we have only taken the decision after a thorough review, and that the withdrawal of any payphone is looked at on a case by case basis. Such decisions are never easy but, in this instance, we have taken a number of factors into account, all of which lead us to believe that withdrawing this payphone is the appropriate thing to do.
The key points are:
This particular payphone took just £96 in the previous 12 months, which is a powerful indication that it is not heavily used by local residents.
There are alternative payphones provided as several convenient locations within Port Erin.
Maintaining this payphone, including the cost of power, cleaning, and service visit, currently far outweighs any revenue it generates.
Mobile coverage in the area is good and we feel that this – combined with almost universal ownership of landlines – means removing the payphone will not deprive local residents of a good telephone service.
Manx Telecom has a public service obligation to maintain a network of public telephones across the Island. This network makes a loss, but we are committed to provide the service. However, we do have to look at he payphone service in a broad context which, at times, means withdrawing some payphones in order to maintain a balance between availability, and limiting the losses incurred by the network. Its only fair to all our customers that we strike an appropriate balance and keep the level of any subsidy within reason.
With these factors in mind, it is our intention to remove this payphone following 60 days public notification in the kiosk. This withdrawal is compliant with the guidelines agreed with the communications Commission, which I have enclosed for your information.
I would appreciate it if you would be kind enough to inform Rushen Commissioners of our intentions and feed back any comments they may have.’
Members felt that the income of £96 over the past 12 months was reasonable and indicated that it was quite well used. They felt that it should be left and they considered it an amenity for residents and walkers. The Clerk to reply to this effect.
c) Marown Parish Commissioners – Outdoor recreation facilities.
Letter from Marown Commissioners – They were in the process of adopting some land in Glen Vine and one of the suggestions regarding what to do with the area is to drain it and provide either a “kick-about” area or some play equipment. There are recreational facilities in the Parish already, in Crosby, but these are not the responsibility of the Commissioners. They realise that the ‘centre’ of the Parish has now shifted to glen Vine and this has a larger and generally younger population.
As they have no direct experience of providing this type of facility that are contacting other Local Authorities to get some helpful information.
They would like to know if we provide such facilities; whether the land was gifted, purchased or remains in ownership of third party; was any play equipment gifted to the LA, purchased by them or remains the property of a third party; who maintains and supervises the play area – own staff, volunteers, staff employed by another organisation.
This was noted.
d) Castletown Metropolitan Silver Band – Subscription Concert.
They were to hold this on Saturday 28th Feb. at 7 30pm at CRHS. Invitation to attend.
Members would attend if able.
e) Britain In Bloom Neighbourhood Awards.
Letter from Dept. Tourism. Information regarding this could be found at www.rhs.org.uk/britain in bloom/GettingStarted/neighbourhood awards.html. Or email Rachele Quayle at rachele.quayle@gov.im. This was noted.
f) Dog fouling – letter from Mr K McArd.
Mr McArd complained about dog mess outside his gateway on Bradda Road. He asked if RPC had a dog warden and what could be done against these dog owners.
The Clerk to write back stating that she dealt with putting up notices, etc regarding dog mess and also that there was a new dog bin being put on Honna Road, near the phone box.
g) Making a Manx Home for Wildlife Leaflets received and noted.
h) Newsletter of the Chronically Sick and Disabled Persons Committee.
Received and noted.
i) Road Closures – re weather The Clerk said that this was the first time she had been sent such notices.
j) Road Transport Licensing Committee.
Applications, decisions and notices. Noted.
k) Civic Service – Onchan Commissioners. Notice that theirs would be on 24th May.
l) Accident Prevention Seminar
9am – 4 30 24th March at Keyll Darree education and Training Centre. Open to public, Government employees and voluntary organisations. Places need to be booked. No charge. Nobody from RPC indicated a wish to attend.
7. PLANNING APPLICATIONS
a) 09/086. Hillcrest, Ballakilpheric. Miss Suzanne Bentley. Erection of porch.
No objections.
b) 09/0149. Rhuvaal, Garth Avenue, Surby. Mr Summers. Widen existing driveway entrance and increase hardstanding for off road parking – all block paved.
No objections.
c) 09/0159. Ballamoar, Shore Road. Mrs D Moule. Replacement windows and door to front elevation.
No objections.
d) 09/0195. Homefield, The Level. Ravenhill Resources Ltd. Application to replace existing timber sliding sash windows with upvc double glazed windows (Rehau Heritage Window System) to the front and top hung upvc to the rear. Remove existing shop window and reinstate original window opening to be fitted with Rehau Heritage window system. The Clerk had looked at the plans and noted that the windows shown at the front were proposed to be top-hung window, not as indicated on the application form. She had spoken to Sarah Corlett of Planning to point this out.
Members felt that the replacement windows must be sliding sash and, preferably a 12 pane design to be similar to the originals.
8. PLANNING APPROVALS
a) 08/2296. 3 The Chase, Ballakillowey. Mr & Mrs D Reeday. Installation of an additional dormer to north east elevation.
Decision – Acting Senior Planning Officer. Issued – 29th January 2009.
b) 08/1840. Fairfield, Ballafesson. Mr J Driver. Erection of a timber cabin to replace existing shed. Conditions include – 3. The approval is granted on the basis that the water discharged from the roof of the new structure will be collected in water butts as indicated by the applicant in his letter of 14th January 2009. Decision – Acting Senior Planning Officer. Issued - 29th January 2009.
c) 08/2272. Sound Farm, Sound Road, Cregneash. Mr W Callister. Erection of a replacement lean-to barn. Conditions include – 3. The cladding on the new extension must match the colour of the material on the existing clad barns within the farm complex.
Decision – Acting Senior Planning Officer. Issued – 4th February 2009.
9. PLANNING REFUSALS
a) 08/2246. Field 410891, Surby Road, Surby. Mr N Saunders. Approval in Principle for the erection of four dwellings.
Reasons for Refusal:- 1. The site is not in a location where the services and amenities of a larger settlement – public transport, shops, employment etc are available and th increase of three dwellings above the number recommended in the Local Plan is considered inappropriate and would represent unsustainable development, contrary to the spirit of the Strategic Plan. 2. The Site is not considered of a size satisfactorily to accommodate four dwellings without either appearing inappropriately cramped for the prevailing existing development in the immediate vicinity and/or being uncomfortably close to existing properties and adversely affecting the amenities of those living therein.
Decision – Planning Committee. Issued 2nd February 2009.
10. PLANNING APPEALS
a) 08/0908. Land at Bradda View, Ballaillowey. Hartford Homes Ltd. Residential Estate of five dwellings with access road, drainage and landscaping.
The Appeal Hearing would be held 9 30am 24th March.
RPC had not opposed this application. However, a letter from Mr & Mrs Faragher, Ballakell had been received and it was they who had requested the appeal on the grounds that the large house on plot 5 – right behind their house – would be overbearing. They requested that someone from RPC come and have a look. They had already had Phil Gawne there and he had given them a letter of support.
It was agreed that the Chairman would go to see the Faraghers and the matter could then possibly be reconsidered. The Chairman would phone them very soon to make arrangements to visit them.
11. COMPLETION CERTIFICATES none
12. OTHER PLANNING MATTERS
a) Homefield, The Level. (the old shop)
The new owners had taken out the shop window and the other windows. Copy of letter from Planning Enforcement Officer to MP Associates:-
‘Refurbishment work to property and rebuilding of boundary wall, Homefield, The Level, Colby.
Further to my site visit and my conversation with your office yesterday I confirm that Class 21 of the Town and Country Planning Act (Permitted Development) Order 2005 allows for the installation of replacement windows and doors but not in a property which was substantially constructed before 1921. As Homefield was built in the 1800’s planning approval is required for the replacement windows, the removal of the bay window structure and the bricking up of the opening to form a window.
I can confirm that Part 2, Development Control at 6, Meaning of development of the Town and Country Planning Act 1999 that the carrying our for the maintenance , improvement or other alteration of any building of works which affect only the interior of the building, or do not materially affect the external appearance of the building, and are not works for the alteration of a building by providing additional space in it underground do not require planning approval. If it is intended to alter the external finish to the walls that too will require planning approval.
The application being retrospective should be received before 5th March 2009 and all further work on the windows and external appearance of the property should cease pending the outcome of the application. I would also suggest that before deciding on what windows to install or having the windows made that you seek advice from the planner for the area Miss S Corlett 685906. S.Olsen.’
This was noted.
b) Ballarock, Ballakillowey Road. Erection of a garage field 410268. Mr A Costain.
Received – copy of letter from Planning Enforcement Officer to Mr A Costain, owner of Ballarock:
‘Further to our exchange of emails on 8th December 2008. Firstly, I do apologise for the delay there has been in writing to you which was beyond my control. However, I can now advise that the Directorate has sought advice regarding the location of the garage and the extent of the curtilage of the dwelling at Ballarock.
It is usually as matter of fact and degree in these cases and although not every part of every garden can be said to be within the curtilage it has been determined that on balance that the site of the garage is within the cartilage in this particular case.
In my views therefore the garage will fall within Class 19 of the Town and Country Planning (Permitted Development) Act 2005.
However, I confirm that any proposed driveway to the garage and any turning area in front of the garage will not form part of the Permitted Development and will therefore require planning approval.’ S Olsen, Planning Enforcement Officer.
This was noted.
13. ANY OTHER BUSINESS
a) Attendance Allowance.
The Clerk reminded Members that anyone wishing to claim this should do so before the Year End. Mr Tinkler indicated he may make a claim.
14. DATE OF NEXT MEETING 18th March 2009.
Meeting held , 7pm Wednesday 18th February 2009, Ballafesson Hall.
MINUTES
Present: Mr A Tinkler (Chairman), Mr P Gunn (Vice-Chairman), Mr D Cain,
Mr D Radcliffe.
Apologies: Mr P Vernon.
The Meeting started early as several residents of Mount Gawne Road had indicated that they wished to attend with regard to Port St Mary Commissioners’ proposed allotments on Mount Gawne Road.
Those residents attending were – June Collister, Mr & Mrs Teare, Maureen Rodgers, Anne and Jan Lumsden, Mr & Mrs G Woodward.
The Chairman had the agreement of the Board to bring forward the Allotment part of the Agenda to the beginning of the Meeting and he invited the residents to speak if they wished.
The Clerk had sent an email to Mrs Collister informing her that Rushen Commissioners had had a meeting with Port St Mary Commissioners and now had a representative on the Allotments Committee so that they would have input. Port St Mary Commissioners had also been informed that RPC had insisted that the Mount Gawne Road entrance could only be used by the disabled and for emergency access and also for people arriving on foot. Access must be via the outer gates of the Amenity Site entrance.
The Residents had various concerns regarding the Mount Gawne Road access including problems with parking by people using the allotments and movement of the extra traffic with the possibility of up to 76 extra vehicles associated with the allotments. There was already quite a lot of through traffic using that road, some of them driving faster than they should in such conditions. The residents needed parking for their own cars and access to their driveways. There were also large farm vehicles using that road. They had been told that the field was going to be ploughed shortly and it was not known if the allotments would subsequently go ahead with no hardstanding on the field (and therefore parking problems on the road) and no other access.
Residents thought that on summer evenings and weekends many of the allotment holders would be there with their vehicles.
The Clerk pointed out that she had attended a Police Meeting and a Traffic Meeting and both the Police and DoT had indicated that they opposed the access to the allotments being from Mount Gawne Road.
Some of the residents were concerned about the security of their properties as there would be a lot of strangers at the allotments and they felt more vulnerable than with their properties backing onto just a field as at present. If there were 76 allotment holders how would anyone know who should be there?.
The Residents also felt that ‘change of use’ should apply as there was a significant departure in use from having one tenant to 70+ people using the field.
The Chairman said that maybe the Mount Gawne exit should be blocked off completely.
It was felt that the Amenity Site entrance would be the natural access for emergency vehicles and the Ambulance Station was closer to that access. A fire engine would not fit in through the Mount Gawne Road gateway.
Mr Cain, who was Rushen’s representative on the Amenity Site Board, said that they had spoken about the access being via the outer gates but there had been concerns about security. They would need two gates. DoLGE were responsible for the remainder of the site including hard standing to the right of the outer gates, where there could be parking.
Port St Mary Commissioners were in negotiations with DoLGE to try to secure that area for access and parking.
June Collister said that they had tried four times to have a meeting with Port St Mary Commissioners but had been unsuccessful. They had replied that they ‘would meet with the residents’ but had not done so. The Chairman said that they needed to engage with Port St Mary Commissioners and they could do this by way of a Requisition Meeting. All they would need would be to get twelve signatures and petition the Captain of the Parish to call a public meeting. This would include Port St Mary Commissioners.
There was further general discussion and the residents then left the meeting.
The matter was discussed by the Board within the meeting. – 2 Matters Arising (t)
Mrs Elizabeth Leadbeater had attended to listen to discussions about her parents’ (Wing Commander and Mrs Felton) High Hedges dispute. With the agreement of the Board the Chairman invited her to speak if she wished, which she did. This part of the meeting is reported at 2 Matters Arising (j).
Mrs Leadbeater then left the meeting.
1. MINUTES: The Minutes of the Meeting held Wednesday 21st January 2009, having previously been circulated, were taken as read. There was one correction at 2 (am) Christmas Tree – which should have read Mr Radcliffe and Mr Vernon (not Mr Cain and Mr Vernon). This was altered and then the Minutes were agreed a true record and duly signed.
2. MATTERS ARISING
a) Estimates 2009/10.
These were further considered. It was agreed that there should be an allowance of £1,000 for the provision of a new computer; there should be no provision for ‘attendance allowance’ as all Members agreed that they would not be claiming an allowance in 09/10 financial year. The Clerk’s salary was to be increased by 5% to £10,000. The Clerk had left the room whilst this was being discussed. The Chairman said that he and the Members appreciated the amount of work done by the Clerk and the Contract would be reviewed the following year to take into account extra responsibilities such as dealing with the High Hedges cases.
It was agreed that the Rate for the forthcoming year should remain at 67p in £ plus the £5 per household charge and that they were all happy to run at a deficit as there were enough funds in the reserves to cover that.
The Clerk was to make a press release regarding the Rate being kept at 67p due to good housekeeping.
b) Governor’s Visit to the Calf.
Reply received from Northern Lighthouses. They confirmed that they would be pleased for His Excellency and the Commissioners to visit the lighthouse. They had a retained lighthouse keeper, Mr Fox, who could show the official party around.
The Clerk had contacted MNH again as there had been no reply to her November letter to them. She had been speaking to Mr Cregeen, the Acting Director, who had indicated that it may be too dangerous to take anyone around the old lighthouses. She had emailed him a letter requesting permission to take His Excellency around the old lighthouses and also to have the services of Mr D Robinson, who works for MNH to show the Official Party around the Calf and, once a reply had been received, Government House could be contacted regarding the itinerary. There would be 12 spaces on the boat.
c) Southern Area Plan.
Public Meeting re Ballakilley land – BKWP
The Clerk had emailed her Report on the Meeting and the results of the questionnaire to all Members of RPC and BKWP and to the Clerks of Port Erin and Port St Mary Commissioners.
It had been well attended, despite other meetings being held, and everyone who wished to speak had been able to do so.
It was agreed that RPC should put out a press release as the views of both Port Erin and Port St Mary Commissioners had been given coverage in the papers regarding this matter.
Mr Cain congratulated the organisers of the meeting.
Community Engagement Meeting – 4th March 12 – 7 30pm at Ballafesson Hall.
DoLGE had written again regarding this:-
This is an opportunity for the residents of Rushen to give their views on:
1. What do you like in your area?
2. What don’t you like about your area?
3. What your hopes are for the future?
The Members (with the exception of Mr Radcliffe, who would be off-Island) and the Clerk would attend at various parts of the day.
d) Review of the Planning System. Nothing further on this at present.
e) DoLGE/Local Authority Issues Nothing further at present.
f) Waste Management and Refuse Collection.
Jones Services - increase for 2009/10. RPI was 2.8% in January. RPC had previously said they would increase it the same amount as Arbory Commissioners – they were making a 5% increase. This matter was discussed and it was agreed that the increase should be 2.8% plus a further one-off amount to take the final amount to the equivalent of 5%. Jones Services to supply RPC with an invoice for £517 which would be paid separately in the 09/10 year..
g) Lighting
The new Victorian lantern had been put on the light by 18 Bradda View.
Email from MEA – lights at Ballakillowey roundabout and Ballagawne Road. (copied to Members)
MEA were proposing a scheme whereby they were removing the overhead line from the roundabout and along Ballagawne Road adjacent to the Ballagawne Nursery. They would put in a new light on the roundabout with an 8 metre column and 150w fitting. They could also replace the 4 pole mounted lanterns with 5 new 6 metre columns in conjunction with the scheme if RPC made a contribution of £6,834 plus vat.
The alternative would be to leave the 5 existing pole mounted lanterns and the MEA would release responsibility of the poles to either Manx Telecom or RPC.
The Clerk pointed out that two of the bracket light fittings which they would take out were fairly new – it would seem a good idea to ask them to put these on other poles which have the very old-fashioned small lights – there was one over at the bottom of Ballakeyll and one down by Rushen School..
It was agreed to go ahead with this and suggest that some of the bracket lights could be used again.
h) Various areas – grass cutting
Mower - The Clerk said that there was a problem trying to get it out of the Playing Field as it did not fit through the small gate but had to be taken through the gate into the adjoining field and out that gate onto the road. This was very muddy and there were horses in the field. She said she and Mr Kelly would try to get it out somehow so that it could be collected by IOM Farmers for servicing.
i) Carrick Bay View.
Judy Thornley was acting for RPC in this matter. The procedure could not be dealt with by Deed of Gift it had to go through the whole conveyance process. The Clerk said that it was all in hand.
j) High Hedges
On 5th February the Clerk had posted by Recorded Delivery a set of Documents which was the next stage in dealing with the High Hedges complaint regarding Moorescroft, Surby Road.
Sent were – a letter following the guidelines given in the legislation together with a copy of Mr Vernon’s completed Complaint form (which he had already sent to Wing Commander and Mrs Felton), a Questionnaire to be completed by them and returned and also a copy of the document – ‘High Hedges/trees: making a complaint’. All these documents were required to be sent to the owners of the hedge before the next stage which was the Remedial Letter. She had given them until 16th February to reply so that RPC would have any correspondence from them before the Meeting. A letter reply had been received from them. They felt that there was not a problem with their hedge affecting the neighbour. The MEA had told them that if there was a problem with the overhead wires they would have approached them directly. They felt intimidated by Mr Vernon as he was one of the Commissioners and could be using his office to influence the outcome.
Mrs Leadbeater, daughter of the Feltons, had attended at the start of the meeting and was invited by the Chairman, with the agreement of the Members, to speak about the matter if she wished. The matter was discussed fully.
The Clerk, as Case Officer, and the Members explained the situation. That the responsibility for administering the High Hedges Act in Rushen had only recently been taken on by the Commissioners.
It was explained to her by the Clerk, as Case Officer, and the Members that the Act gives clear guidelines regarding measurements so that there can be no faulty perception or bias by those looking at and taking the case forward. Historical matters were irrelevant and what was considered was the situation at the time of the complaint.
The Clerk explained that, as Case Officer, and because Mr Vernon was a Member of Rushen Commissioners and there could be a perception of bias, she had been very careful in dealing with the case. An independent advisor had been employed to take the measurements and Mr Radcliffe, who had been elected in May 2008 and therefore the newest Member, had accompanied her and the advisor when attending the site and taking measurements and other relevant information. Mr Vernon had always declared an interest when this case was being discussed at the Board Meetings and had left the room. He had no input in any decisions.
Mrs Leadbeater then left the meeting.
It was agreed that the Remedial Notice be sent, as planned,
k) Traffic
There had been a complaint via Port Erin Commissioners regarding the junction of Castletown Road and Shore Road – a driver felt that the junction was too dark and should be lit up. The wall at Ralph Cregeen’s house seemed to ’stick out’. They were putting it on the Agenda for the Traffic Meeting.
Traffic Meeting – Wed. 28th January. Attended by Mr Vernon and the Clerk.
Items dealt with included -
i) Speeding at Rushen School - DoT had been promising to put in 20mph zone with flashing speed lights. These were supposed to be installed ‘during the school holidays’ last Easter/Summer. Still not done and they had not even ordered them. On pressing them regarding the urgency of this they promised they would be done within a couple of months. They said that they needed to make Traffic Orders which would delay them starting for 2-3 months but the Clerk had said she thought that they had already done those – they would check. This matter was now prioritised.
ii) Junction at Ballafesson Corner - parking. DoT did not know that the new entrance to Ballachurry yard development was now in. They were to look at it. PV and GK suggested that there be double yellow lines from the new entrance down to the junction.
iii) Plantation Hill. They had promised that the signs and road markings would be installed. GK reminded them that they were not done yet. The signs ‘are on order’. To make a footpath it would have to be in the field and be done with the owner’s consent. It could be done with co-operation between the Local Authority and the landowners. It could be made a Permissive Route with agreement between the parties and this would open the land for use but the landowner would retain control and could close it down. It would not be a public right of way. Anna Goldsmith from the DoT Public Rights of Way would be the best point of contact.
(there was nobody there from PSM Commissioners so could not discuss it with them).
iv) The junction of Castletown Road and Shore Road. Port Erin Commissioners suggested street lighting should be put there – ‘lots of people walk there from the Shore Hotel’. This road forms the boundary between Rushen and Port St Mary.
DoT said that if lighting was to be considered there would need to be at least two. The Clerk had suggested one on the island in the middle of the road but this would be dangerous – ‘just something else to be hit by a vehicle.’
DoT were to look at the junction and put hatching and white lines on the road and install a new, more modern, bollard which would be highly reflective. The situation would then be monitored.
v) Allotments – Mount Gawne Road. The Clerk brought this up on AOB. (there was no representative from PSM there). DoT indicated that they had received a planning application/detailed plans for this and they would not agree to the entrance being on Mount Gawne Road. They had sent back the plans. Their preferred entrance was through the Amenity Site entrance.
Mr Cain asked the Clerk to report that the vegetation on the hedge alongside the entrance to the car park at Cregneash needed cutting back to improve the visibility coming out of the car park.
l) Police
The Clerk had attended the Police meeting on 22nd Jan. Crime figures were given – none in Rushen.
Letter from Inspector Musson – there had been a reduction in recorded crime of almost 10% compared to last year. High levels of detection currently stood at almost 58%. They would like RPC’s views on what most affects their area of responsibility, what major issues most affect the quality of life in our area so that the Police can again prioritise both Police and Partner Agency focus for the year ahead. The 2009/2010 plan would then be produced for March and would, again, be distributed with the rates.
Members felt that the misuse of alcohol and drugs were the main problems, along with the lack of things for teenagers and young people to do if they were not sporty or musical.
The Police were to be asked to come to a meeting.
m) Litter, beach cleans, fly-tipping, dog fouling, etc
CRHS were to carry out a beach clean on 14th March at Bay ny Carrickey.
Fly Tipping - The Clerk had received a call that there had been some fly-tipping on Ballnahowe Road, near Ken Quine’s seat. H K and she went up in the truck and removed two very wet mattresses and took them to the Amenity Site.
n) Signs
Mrs Felton had agreed that the Honna Road sign could be put on her wall but remarked that cars park there, especially at night, so it might not been seen.
Mr Radcliffe said that he would look at the area at night to see where the best place would be to put it.
o) Ballafesson Playing Field
Mr Cain reported that he had made enquiries regarding swings and was waiting for someone to get back to him with regard to this.
p) Web Site
The Clerk had been in touch with Nick Thornley who had indicated he would be back on the Island in a few weeks and would contact her then with regard to her and Mr Vernon learning how to update the web site.
q) Southern Civic Amenity Site
The Clerk had been informed that the Board had a meeting on 29th and were discussing the possibility of the entrance being used as access to the Allotment field. There was nothing further on this.
r) Southern Swimming Pool
A cheque had been received from the Swimming Pool Board for £347 39 being a refund from Castletown Commissioners regarding the estimated loan charges for 2007/08.
Mr Radcliffe said there was nothing new to report from the last meeting.
s) Municipal Association
Mr Gunn was to attend the next meeting, the Agenda for which had been received.
t) Allotments
RPC had a meeting with some of Port St Mary Commissioners on 30th Jan. The Clerk had emailed to all Members the report on the meeting which she had made and including a piece to be minuted. Also copied to Members was Port St Mary’s Report. Also copied was the questionnaire which PSM were giving to the prospective allotment holders regarding their intended mode of travel to the allotments and when they intended to be there.
As part of the agreement reached in that there could be people from Rushen as allotment holders and after discussing it with PSM’s Deputy Clerk, the Clerk had written to the seven people who had written to RPC to say they would be interested in having an allotment. She had informed them that if they were still interested, they should contact PSM immediately. She then emailed to PSM’s Deputy Clerk their names who subsequently indicated that one of them was already on their list. As they had contacted RPC on October 2008 they would be put on the list as having applied for an allotment at that time.
Due to the discussion with some of the residents of Mount Gawne Road at the start of the Meeting it was agreed that their very valid concerns needed to be taken into account and that there would need to be a change in the agreement reached with Port St Mary Commissioners. It was agreed that there should be no access through the gate in Mount Gawne Road because any access there would cause a problem.
It was felt that Port St Mary Commissioners were rushing into setting up these allotments and that it should be left for a year until the infrastructure was in place before the allotments were let. In that way the residents’ issues could be addressed and there would be fewer problems.
The Clerk was to write to Port St Mary Commissioners to this effect and to let the Chairman approve the letter before it was sent.
u) Southern Healthcare Committee
Minutes of their meeting held 30th October and AGM held 24th January had been received from the Secretary and RPC representative, Mr Tinkler. These were noted and made available for the Members to read if they wished.
v) Marashen Crescent
As Mr Vernon was not present there was nothing to report.
w) Rushen Ambulance
As Mr Vernon was not present there was nothing to report.
x) MNH
Mobile phone coverage – Meayll
There was nothing further to report. The Clerk was to contact Cable and Wireless to ask if any progress was being made.
Lighthouse on Calf – possible demolition
The Chairman said that he had been speaking to a Northern Lighthouse Commissioner who had said that there was probably no problem. The Clerk asked if it should now be taken off the Agenda but the Chairman indicated that it should be left on.
y) Car Park, The Howe
z) Risk Assessment
This had been left for the moment as there was so much other business being dealt with at the moment. The Clerk was to contact Mr Hornsby and invite him to the next meeting.
aa) The Craggs, The Howe
The scaffolding was now down and the property was looking better although not all work had been finished yet.
ab) Land in front of Hillcrest, Cregneash.
Mr Cain has asked David Cooil to cut the vegetation on this, which he had done.
As Rushen Commissioners could not be involved in this matter unless they leased the land the Clerk was to write to John Qualtrough (for Mr Karran) so that the matter could be discussed fully at a site meeting.
Ac) Golden Jubilee Trust
Mr Radcliffe reported that there had been a meeting the previous week. There was going to be half-day Challenge Event and Local Authorities may be involved.
Ad) Surby Road – water (also smell of gas)
Nothing from DoT. Regarding the water but the Clerk reported that it had stopped running.
Smell of gas – Mrs Felton phoned the Clerk saying that she had received complaints from neighbours about a smell of gas near her house (she has a bulk gas tank in her back garden). She had the gas men there three times and they said there was nothing wrong with her tank. She thought it could be coming from the house across the road. The Clerk went to have a look and, as it seemed strongest in the middle of the road she thought it could be coming from the sewer. She contacted the DoT Drainage Dept and asked for someone to come out to look at the sewer. They had done that and reported back that there was nothing wrong with the sewer.
The Chairman said that there was still a smell of gas.
Ae) Regeneration of Towns and Villages.
Email from Jonathon Crookall-Nixon. He had been appointed the Project Manager for the scheme which, subject to Tynwald approval on 17th Feb. ‘will afford exciting opportunities throughout the Island for many of the town and village centres where tangible benefits can be derived from some form or means of strategic regeneration. ……………. The key to early success will be the formation of Local Regeneration Committees and identifying the Regeneration Areas.’
This was noted and was to be kept on the Agenda.
Af) Building work at Ballachurry. Nothing further on this.
ag) Dilapidated Buildings
Mr Juan Watterson MHK had sent a further email with information and this had been forwarded to all the Members.
Mr Vernon was to attend his next meeting regarding this.
ah) Housing Conference 6th March.
The Agenda had been received and Mr Vernon and the Clerk were to attend the whole-day conference.
ai) DAFF Marine Nature Reserve Project – Community Meetings The Clerk reminded everyone that there would be one at Mount Tabor on Wed. 25th February (the Port Erin one as it was on 29th Jan – same as BKWP Public Meeting and so Members could not attend).
Some of the Members and the Clerk indicated that they would attend.
aj) Defamation issue – Onchan Commissioners
Mr Gunn had taken the letter to read. This was regarding a possible defamation issue raised by Onchan Commissioners who had shared the legal advice regarding this matter with other Local Authorities for their information.
ak) Beating the Bounds. Nothing further on this at present but to be kept on the Agenda
al) Post Box at The Level
The Clerk reported that builders had built up the wall at the site but there was room for the post box to be returned. The Clerk had spoken to one of the men in charge and they indicated that there would be no problem with it being put back there. The Post Office would have to do this.
The Clerk to write to the Post Office to ask when it would be re-instated.
am) Arbour Week
The Clerk to get a price for a tree to be put on Croit-e-Caley Green.
An) Christmas Tree 2009. This was in hand.
6. CORRESPONDENCE
a) Public Sector Rent and Allowances for 2009/10.
Letter from DoLGE’s Housing Policy Manager. Rent increases and allowances for year 09/10 had been confirmed by the Council of Ministers as follows:
1. Rent point value to be increased by 5% to 96.33
2. Maintenance Allowance to remain at 33.3% of rents collectable
3. The administration allowance in 09/10 should remain as agreed by Council in 2006 as 7.5% but subject to the Authority delivering on common performance standards to demonstrate effective management and service delivery
4. The Community Reserve retention for sheltered housing should remain at 10% in the interim subject to the outcome of the current review.
These were noted.
b) Withdrawal of payphone – Surby Old Post Office.
Letter from Manx Telecom. They were planning to withdraw the payphone located at Surby Old Post Office:- ‘We understand that withdrawing any public payphone may cause concern to some local residents, but would stress that we have only taken the decision after a thorough review, and that the withdrawal of any payphone is looked at on a case by case basis. Such decisions are never easy but, in this instance, we have taken a number of factors into account, all of which lead us to believe that withdrawing this payphone is the appropriate thing to do.
The key points are:
This particular payphone took just £96 in the previous 12 months, which is a powerful indication that it is not heavily used by local residents.
There are alternative payphones provided as several convenient locations within Port Erin.
Maintaining this payphone, including the cost of power, cleaning, and service visit, currently far outweighs any revenue it generates.
Mobile coverage in the area is good and we feel that this – combined with almost universal ownership of landlines – means removing the payphone will not deprive local residents of a good telephone service.
Manx Telecom has a public service obligation to maintain a network of public telephones across the Island. This network makes a loss, but we are committed to provide the service. However, we do have to look at he payphone service in a broad context which, at times, means withdrawing some payphones in order to maintain a balance between availability, and limiting the losses incurred by the network. Its only fair to all our customers that we strike an appropriate balance and keep the level of any subsidy within reason.
With these factors in mind, it is our intention to remove this payphone following 60 days public notification in the kiosk. This withdrawal is compliant with the guidelines agreed with the communications Commission, which I have enclosed for your information.
I would appreciate it if you would be kind enough to inform Rushen Commissioners of our intentions and feed back any comments they may have.’
Members felt that the income of £96 over the past 12 months was reasonable and indicated that it was quite well used. They felt that it should be left and they considered it an amenity for residents and walkers. The Clerk to reply to this effect.
c) Marown Parish Commissioners – Outdoor recreation facilities.
Letter from Marown Commissioners – They were in the process of adopting some land in Glen Vine and one of the suggestions regarding what to do with the area is to drain it and provide either a “kick-about” area or some play equipment. There are recreational facilities in the Parish already, in Crosby, but these are not the responsibility of the Commissioners. They realise that the ‘centre’ of the Parish has now shifted to glen Vine and this has a larger and generally younger population.
As they have no direct experience of providing this type of facility that are contacting other Local Authorities to get some helpful information.
They would like to know if we provide such facilities; whether the land was gifted, purchased or remains in ownership of third party; was any play equipment gifted to the LA, purchased by them or remains the property of a third party; who maintains and supervises the play area – own staff, volunteers, staff employed by another organisation.
This was noted.
d) Castletown Metropolitan Silver Band – Subscription Concert.
They were to hold this on Saturday 28th Feb. at 7 30pm at CRHS. Invitation to attend.
Members would attend if able.
e) Britain In Bloom Neighbourhood Awards.
Letter from Dept. Tourism. Information regarding this could be found at www.rhs.org.uk/britain in bloom/GettingStarted/neighbourhood awards.html. Or email Rachele Quayle at rachele.quayle@gov.im. This was noted.
f) Dog fouling – letter from Mr K McArd.
Mr McArd complained about dog mess outside his gateway on Bradda Road. He asked if RPC had a dog warden and what could be done against these dog owners.
The Clerk to write back stating that she dealt with putting up notices, etc regarding dog mess and also that there was a new dog bin being put on Honna Road, near the phone box.
g) Making a Manx Home for Wildlife Leaflets received and noted.
h) Newsletter of the Chronically Sick and Disabled Persons Committee.
Received and noted.
i) Road Closures – re weather The Clerk said that this was the first time she had been sent such notices.
j) Road Transport Licensing Committee.
Applications, decisions and notices. Noted.
k) Civic Service – Onchan Commissioners. Notice that theirs would be on 24th May.
l) Accident Prevention Seminar
9am – 4 30 24th March at Keyll Darree education and Training Centre. Open to public, Government employees and voluntary organisations. Places need to be booked. No charge. Nobody from RPC indicated a wish to attend.
7. PLANNING APPLICATIONS
a) 09/086. Hillcrest, Ballakilpheric. Miss Suzanne Bentley. Erection of porch.
No objections.
b) 09/0149. Rhuvaal, Garth Avenue, Surby. Mr Summers. Widen existing driveway entrance and increase hardstanding for off road parking – all block paved.
No objections.
c) 09/0159. Ballamoar, Shore Road. Mrs D Moule. Replacement windows and door to front elevation.
No objections.
d) 09/0195. Homefield, The Level. Ravenhill Resources Ltd. Application to replace existing timber sliding sash windows with upvc double glazed windows (Rehau Heritage Window System) to the front and top hung upvc to the rear. Remove existing shop window and reinstate original window opening to be fitted with Rehau Heritage window system. The Clerk had looked at the plans and noted that the windows shown at the front were proposed to be top-hung window, not as indicated on the application form. She had spoken to Sarah Corlett of Planning to point this out.
Members felt that the replacement windows must be sliding sash and, preferably a 12 pane design to be similar to the originals.
8. PLANNING APPROVALS
a) 08/2296. 3 The Chase, Ballakillowey. Mr & Mrs D Reeday. Installation of an additional dormer to north east elevation.
Decision – Acting Senior Planning Officer. Issued – 29th January 2009.
b) 08/1840. Fairfield, Ballafesson. Mr J Driver. Erection of a timber cabin to replace existing shed. Conditions include – 3. The approval is granted on the basis that the water discharged from the roof of the new structure will be collected in water butts as indicated by the applicant in his letter of 14th January 2009. Decision – Acting Senior Planning Officer. Issued - 29th January 2009.
c) 08/2272. Sound Farm, Sound Road, Cregneash. Mr W Callister. Erection of a replacement lean-to barn. Conditions include – 3. The cladding on the new extension must match the colour of the material on the existing clad barns within the farm complex.
Decision – Acting Senior Planning Officer. Issued – 4th February 2009.
9. PLANNING REFUSALS
a) 08/2246. Field 410891, Surby Road, Surby. Mr N Saunders. Approval in Principle for the erection of four dwellings.
Reasons for Refusal:- 1. The site is not in a location where the services and amenities of a larger settlement – public transport, shops, employment etc are available and th increase of three dwellings above the number recommended in the Local Plan is considered inappropriate and would represent unsustainable development, contrary to the spirit of the Strategic Plan. 2. The Site is not considered of a size satisfactorily to accommodate four dwellings without either appearing inappropriately cramped for the prevailing existing development in the immediate vicinity and/or being uncomfortably close to existing properties and adversely affecting the amenities of those living therein.
Decision – Planning Committee. Issued 2nd February 2009.
10. PLANNING APPEALS
a) 08/0908. Land at Bradda View, Ballaillowey. Hartford Homes Ltd. Residential Estate of five dwellings with access road, drainage and landscaping.
The Appeal Hearing would be held 9 30am 24th March.
RPC had not opposed this application. However, a letter from Mr & Mrs Faragher, Ballakell had been received and it was they who had requested the appeal on the grounds that the large house on plot 5 – right behind their house – would be overbearing. They requested that someone from RPC come and have a look. They had already had Phil Gawne there and he had given them a letter of support.
It was agreed that the Chairman would go to see the Faraghers and the matter could then possibly be reconsidered. The Chairman would phone them very soon to make arrangements to visit them.
11. COMPLETION CERTIFICATES none
12. OTHER PLANNING MATTERS
a) Homefield, The Level. (the old shop)
The new owners had taken out the shop window and the other windows. Copy of letter from Planning Enforcement Officer to MP Associates:-
‘Refurbishment work to property and rebuilding of boundary wall, Homefield, The Level, Colby.
Further to my site visit and my conversation with your office yesterday I confirm that Class 21 of the Town and Country Planning Act (Permitted Development) Order 2005 allows for the installation of replacement windows and doors but not in a property which was substantially constructed before 1921. As Homefield was built in the 1800’s planning approval is required for the replacement windows, the removal of the bay window structure and the bricking up of the opening to form a window.
I can confirm that Part 2, Development Control at 6, Meaning of development of the Town and Country Planning Act 1999 that the carrying our for the maintenance , improvement or other alteration of any building of works which affect only the interior of the building, or do not materially affect the external appearance of the building, and are not works for the alteration of a building by providing additional space in it underground do not require planning approval. If it is intended to alter the external finish to the walls that too will require planning approval.
The application being retrospective should be received before 5th March 2009 and all further work on the windows and external appearance of the property should cease pending the outcome of the application. I would also suggest that before deciding on what windows to install or having the windows made that you seek advice from the planner for the area Miss S Corlett 685906. S.Olsen.’
This was noted.
b) Ballarock, Ballakillowey Road. Erection of a garage field 410268. Mr A Costain.
Received – copy of letter from Planning Enforcement Officer to Mr A Costain, owner of Ballarock:
‘Further to our exchange of emails on 8th December 2008. Firstly, I do apologise for the delay there has been in writing to you which was beyond my control. However, I can now advise that the Directorate has sought advice regarding the location of the garage and the extent of the curtilage of the dwelling at Ballarock.
It is usually as matter of fact and degree in these cases and although not every part of every garden can be said to be within the curtilage it has been determined that on balance that the site of the garage is within the cartilage in this particular case.
In my views therefore the garage will fall within Class 19 of the Town and Country Planning (Permitted Development) Act 2005.
However, I confirm that any proposed driveway to the garage and any turning area in front of the garage will not form part of the Permitted Development and will therefore require planning approval.’ S Olsen, Planning Enforcement Officer.
This was noted.
13. ANY OTHER BUSINESS
a) Attendance Allowance.
The Clerk reminded Members that anyone wishing to claim this should do so before the Year End. Mr Tinkler indicated he may make a claim.
14. DATE OF NEXT MEETING 18th March 2009.
Meeting held , 7pm Wednesday 18th February 2009, Ballafesson Hall.
MINUTES
Present: Mr A Tinkler (Chairman), Mr P Gunn (Vice-Chairman), Mr D Cain,
Mr D Radcliffe.
Apologies: Mr P Vernon.
The Meeting started early as several residents of Mount Gawne Road had indicated that they wished to attend with regard to Port St Mary Commissioners’ proposed allotments on Mount Gawne Road.
Those residents attending were – June Collister, Mr & Mrs Teare, Maureen Rodgers, Anne and Jan Lumsden, Mr & Mrs G Woodward.
The Chairman had the agreement of the Board to bring forward the Allotment part of the Agenda to the beginning of the Meeting and he invited the residents to speak if they wished.
The Clerk had sent an email to Mrs Collister informing her that Rushen Commissioners had had a meeting with Port St Mary Commissioners and now had a representative on the Allotments Committee so that they would have input. Port St Mary Commissioners had also been informed that RPC had insisted that the Mount Gawne Road entrance could only be used by the disabled and for emergency access and also for people arriving on foot. Access must be via the outer gates of the Amenity Site entrance.
The Residents had various concerns regarding the Mount Gawne Road access including problems with parking by people using the allotments and movement of the extra traffic with the possibility of up to 76 extra vehicles associated with the allotments. There was already quite a lot of through traffic using that road, some of them driving faster than they should in such conditions. The residents needed parking for their own cars and access to their driveways. There were also large farm vehicles using that road. They had been told that the field was going to be ploughed shortly and it was not known if the allotments would subsequently go ahead with no hardstanding on the field (and therefore parking problems on the road) and no other access.
Residents thought that on summer evenings and weekends many of the allotment holders would be there with their vehicles.
The Clerk pointed out that she had attended a Police Meeting and a Traffic Meeting and both the Police and DoT had indicated that they opposed the access to the allotments being from Mount Gawne Road.
Some of the residents were concerned about the security of their properties as there would be a lot of strangers at the allotments and they felt more vulnerable than with their properties backing onto just a field as at present. If there were 76 allotment holders how would anyone know who should be there?.
The Residents also felt that ‘change of use’ should apply as there was a significant departure in use from having one tenant to 70+ people using the field.
The Chairman said that maybe the Mount Gawne exit should be blocked off completely.
It was felt that the Amenity Site entrance would be the natural access for emergency vehicles and the Ambulance Station was closer to that access. A fire engine would not fit in through the Mount Gawne Road gateway.
Mr Cain, who was Rushen’s representative on the Amenity Site Board, said that they had spoken about the access being via the outer gates but there had been concerns about security. They would need two gates. DoLGE were responsible for the remainder of the site including hard standing to the right of the outer gates, where there could be parking.
Port St Mary Commissioners were in negotiations with DoLGE to try to secure that area for access and parking.
June Collister said that they had tried four times to have a meeting with Port St Mary Commissioners but had been unsuccessful. They had replied that they ‘would meet with the residents’ but had not done so. The Chairman said that they needed to engage with Port St Mary Commissioners and they could do this by way of a Requisition Meeting. All they would need would be to get twelve signatures and petition the Captain of the Parish to call a public meeting. This would include Port St Mary Commissioners.
There was further general discussion and the residents then left the meeting.
The matter was discussed by the Board within the meeting. – 2 Matters Arising (t)
Mrs Elizabeth Leadbeater had attended to listen to discussions about her parents’ (Wing Commander and Mrs Felton) High Hedges dispute. With the agreement of the Board the Chairman invited her to speak if she wished, which she did. This part of the meeting is reported at 2 Matters Arising (j).
Mrs Leadbeater then left the meeting.
1. MINUTES: The Minutes of the Meeting held Wednesday 21st January 2009, having previously been circulated, were taken as read. There was one correction at 2 (am) Christmas Tree – which should have read Mr Radcliffe and Mr Vernon (not Mr Cain and Mr Vernon). This was altered and then the Minutes were agreed a true record and duly signed.
2. MATTERS ARISING
a) Estimates 2009/10.
These were further considered. It was agreed that there should be an allowance of £1,000 for the provision of a new computer; there should be no provision for ‘attendance allowance’ as all Members agreed that they would not be claiming an allowance in 09/10 financial year. The Clerk’s salary was to be increased by 5% to £10,000. The Clerk had left the room whilst this was being discussed. The Chairman said that he and the Members appreciated the amount of work done by the Clerk and the Contract would be reviewed the following year to take into account extra responsibilities such as dealing with the High Hedges cases.
It was agreed that the Rate for the forthcoming year should remain at 67p in £ plus the £5 per household charge and that they were all happy to run at a deficit as there were enough funds in the reserves to cover that.
The Clerk was to make a press release regarding the Rate being kept at 67p due to good housekeeping.
b) Governor’s Visit to the Calf.
Reply received from Northern Lighthouses. They confirmed that they would be pleased for His Excellency and the Commissioners to visit the lighthouse. They had a retained lighthouse keeper, Mr Fox, who could show the official party around.
The Clerk had contacted MNH again as there had been no reply to her November letter to them. She had been speaking to Mr Cregeen, the Acting Director, who had indicated that it may be too dangerous to take anyone around the old lighthouses. She had emailed him a letter requesting permission to take His Excellency around the old lighthouses and also to have the services of Mr D Robinson, who works for MNH to show the Official Party around the Calf and, once a reply had been received, Government House could be contacted regarding the itinerary. There would be 12 spaces on the boat.
c) Southern Area Plan.
Public Meeting re Ballakilley land – BKWP
The Clerk had emailed her Report on the Meeting and the results of the questionnaire to all Members of RPC and BKWP and to the Clerks of Port Erin and Port St Mary Commissioners.
It had been well attended, despite other meetings being held, and everyone who wished to speak had been able to do so.
It was agreed that RPC should put out a press release as the views of both Port Erin and Port St Mary Commissioners had been given coverage in the papers regarding this matter.
Mr Cain congratulated the organisers of the meeting.
Community Engagement Meeting – 4th March 12 – 7 30pm at Ballafesson Hall.
DoLGE had written again regarding this:-
This is an opportunity for the residents of Rushen to give their views on:
1. What do you like in your area?
2. What don’t you like about your area?
3. What your hopes are for the future?
The Members (with the exception of Mr Radcliffe, who would be off-Island) and the Clerk would attend at various parts of the day.
d) Review of the Planning System. Nothing further on this at present.
e) DoLGE/Local Authority Issues Nothing further at present.
f) Waste Management and Refuse Collection.
Jones Services - increase for 2009/10. RPI was 2.8% in January. RPC had previously said they would increase it the same amount as Arbory Commissioners – they were making a 5% increase. This matter was discussed and it was agreed that the increase should be 2.8% plus a further one-off amount to take the final amount to the equivalent of 5%. Jones Services to supply RPC with an invoice for £517 which would be paid separately in the 09/10 year..
g) Lighting
The new Victorian lantern had been put on the light by 18 Bradda View.
Email from MEA – lights at Ballakillowey roundabout and Ballagawne Road. (copied to Members)
MEA were proposing a scheme whereby they were removing the overhead line from the roundabout and along Ballagawne Road adjacent to the Ballagawne Nursery. They would put in a new light on the roundabout with an 8 metre column and 150w fitting. They could also replace the 4 pole mounted lanterns with 5 new 6 metre columns in conjunction with the scheme if RPC made a contribution of £6,834 plus vat.
The alternative would be to leave the 5 existing pole mounted lanterns and the MEA would release responsibility of the poles to either Manx Telecom or RPC.
The Clerk pointed out that two of the bracket light fittings which they would take out were fairly new – it would seem a good idea to ask them to put these on other poles which have the very old-fashioned small lights – there was one over at the bottom of Ballakeyll and one down by Rushen School..
It was agreed to go ahead with this and suggest that some of the bracket lights could be used again.
h) Various areas – grass cutting
Mower - The Clerk said that there was a problem trying to get it out of the Playing Field as it did not fit through the small gate but had to be taken through the gate into the adjoining field and out that gate onto the road. This was very muddy and there were horses in the field. She said she and Mr Kelly would try to get it out somehow so that it could be collected by IOM Farmers for servicing.
i) Carrick Bay View.
Judy Thornley was acting for RPC in this matter. The procedure could not be dealt with by Deed of Gift it had to go through the whole conveyance process. The Clerk said that it was all in hand.
j) High Hedges
On 5th February the Clerk had posted by Recorded Delivery a set of Documents which was the next stage in dealing with the High Hedges complaint regarding Moorescroft, Surby Road.
Sent were – a letter following the guidelines given in the legislation together with a copy of Mr Vernon’s completed Complaint form (which he had already sent to Wing Commander and Mrs Felton), a Questionnaire to be completed by them and returned and also a copy of the document – ‘High Hedges/trees: making a complaint’. All these documents were required to be sent to the owners of the hedge before the next stage which was the Remedial Letter. She had given them until 16th February to reply so that RPC would have any correspondence from them before the Meeting. A letter reply had been received from them. They felt that there was not a problem with their hedge affecting the neighbour. The MEA had told them that if there was a problem with the overhead wires they would have approached them directly. They felt intimidated by Mr Vernon as he was one of the Commissioners and could be using his office to influence the outcome.
Mrs Leadbeater, daughter of the Feltons, had attended at the start of the meeting and was invited by the Chairman, with the agreement of the Members, to speak about the matter if she wished. The matter was discussed fully.
The Clerk, as Case Officer, and the Members explained the situation. That the responsibility for administering the High Hedges Act in Rushen had only recently been taken on by the Commissioners.
It was explained to her by the Clerk, as Case Officer, and the Members that the Act gives clear guidelines regarding measurements so that there can be no faulty perception or bias by those looking at and taking the case forward. Historical matters were irrelevant and what was considered was the situation at the time of the complaint.
The Clerk explained that, as Case Officer, and because Mr Vernon was a Member of Rushen Commissioners and there could be a perception of bias, she had been very careful in dealing with the case. An independent advisor had been employed to take the measurements and Mr Radcliffe, who had been elected in May 2008 and therefore the newest Member, had accompanied her and the advisor when attending the site and taking measurements and other relevant information. Mr Vernon had always declared an interest when this case was being discussed at the Board Meetings and had left the room. He had no input in any decisions.
Mrs Leadbeater then left the meeting.
It was agreed that the Remedial Notice be sent, as planned,
k) Traffic
There had been a complaint via Port Erin Commissioners regarding the junction of Castletown Road and Shore Road – a driver felt that the junction was too dark and should be lit up. The wall at Ralph Cregeen’s house seemed to ‘stick out’. They were putting it on the Agenda for the Traffic Meeting.
Traffic Meeting – Wed. 28th January. Attended by Mr Vernon and the Clerk.
Items dealt with included –
i) Speeding at Rushen School – DoT had been promising to put in 20mph zone with flashing speed lights. These were supposed to be installed ‘during the school holidays’ last Easter/Summer. Still not done and they had not even ordered them. On pressing them regarding the urgency of this they promised they would be done within a couple of months. They said that they needed to make Traffic Orders which would delay them starting for 2-3 months but the Clerk had said she thought that they had already done those – they would check. This matter was now prioritised.
ii) Junction at Ballafesson Corner – parking. DoT did not know that the new entrance to Ballachurry yard development was now in. They were to look at it. PV and GK suggested that there be double yellow lines from the new entrance down to the junction.
iii) Plantation Hill. They had promised that the signs and road markings would be installed. GK reminded them that they were not done yet. The signs ‘are on order’. To make a footpath it would have to be in the field and be done with the owner’s consent. It could be done with co-operation between the Local Authority and the landowners. It could be made a Permissive Route with agreement between the parties and this would open the land for use but the landowner would retain control and could close it down. It would not be a public right of way. Anna Goldsmith from the DoT Public Rights of Way would be the best point of contact.
(there was nobody there from PSM Commissioners so could not discuss it with them).
iv) The junction of Castletown Road and Shore Road. Port Erin Commissioners suggested street lighting should be put there – ‘lots of people walk there from the Shore Hotel’. This road forms the boundary between Rushen and Port St Mary.
DoT said that if lighting was to be considered there would need to be at least two. The Clerk had suggested one on the island in the middle of the road but this would be dangerous – ‘just something else to be hit by a vehicle.’
DoT were to look at the junction and put hatching and white lines on the road and install a new, more modern, bollard which would be highly reflective. The situation would then be monitored.
v) Allotments – Mount Gawne Road. The Clerk brought this up on AOB. (there was no representative from PSM there). DoT indicated that they had received a planning application/detailed plans for this and they would not agree to the entrance being on Mount Gawne Road. They had sent back the plans. Their preferred entrance was through the Amenity Site entrance.
Mr Cain asked the Clerk to report that the vegetation on the hedge alongside the entrance to the car park at Cregneash needed cutting back to improve the visibility coming out of the car park.
l) Police
The Clerk had attended the Police meeting on 22nd Jan. Crime figures were given – none in Rushen.
Letter from Inspector Musson – there had been a reduction in recorded crime of almost 10% compared to last year. High levels of detection currently stood at almost 58%. They would like RPC’s views on what most affects their area of responsibility, what major issues most affect the quality of life in our area so that the Police can again prioritise both Police and Partner Agency focus for the year ahead. The 2009/2010 plan would then be produced for March and would, again, be distributed with the rates.
Members felt that the misuse of alcohol and drugs were the main problems, along with the lack of things for teenagers and young people to do if they were not sporty or musical.
The Police were to be asked to come to a meeting.
m) Litter, beach cleans, fly-tipping, dog fouling, etc
CRHS were to carry out a beach clean on 14th March at Bay ny Carrickey.
Fly Tipping - The Clerk had received a call that there had been some fly-tipping on Ballnahowe Road, near Ken Quine’s seat. H K and she went up in the truck and removed two very wet mattresses and took them to the Amenity Site.
n) Signs
Mrs Felton had agreed that the Honna Road sign could be put on her wall but remarked that cars park there, especially at night, so it might not been seen.
Mr Radcliffe said that he would look at the area at night to see where the best place would be to put it.
o) Ballafesson Playing Field
Mr Cain reported that he had made enquiries regarding swings and was waiting for someone to get back to him with regard to this.
p) Web Site
The Clerk had been in touch with Nick Thornley who had indicated he would be back on the Island in a few weeks and would contact her then with regard to her and Mr Vernon learning how to update the web site.
q) Southern Civic Amenity Site
The Clerk had been informed that the Board had a meeting on 29th and were discussing the possibility of the entrance being used as access to the Allotment field. There was nothing further on this.
r) Southern Swimming Pool
A cheque had been received from the Swimming Pool Board for £347 39 being a refund from Castletown Commissioners regarding the estimated loan charges for 2007/08.
Mr Radcliffe said there was nothing new to report from the last meeting.
s) Municipal Association
Mr Gunn was to attend the next meeting, the Agenda for which had been received.
t) Allotments
RPC had a meeting with some of Port St Mary Commissioners on 30th Jan. The Clerk had emailed to all Members the report on the meeting which she had made and including a piece to be minuted. Also copied to Members was Port St Mary’s Report. Also copied was the questionnaire which PSM were giving to the prospective allotment holders regarding their intended mode of travel to the allotments and when they intended to be there.
As part of the agreement reached in that there could be people from Rushen as allotment holders and after discussing it with PSM’s Deputy Clerk, the Clerk had written to the seven people who had written to RPC to say they would be interested in having an allotment. She had informed them that if they were still interested, they should contact PSM immediately. She then emailed to PSM’s Deputy Clerk their names who subsequently indicated that one of them was already on their list. As they had contacted RPC on October 2008 they would be put on the list as having applied for an allotment at that time.
Due to the discussion with some of the residents of Mount Gawne Road at the start of the Meeting it was agreed that their very valid concerns needed to be taken into account and that there would need to be a change in the agreement reached with Port St Mary Commissioners. It was agreed that there should be no access through the gate in Mount Gawne Road because any access there would cause a problem.
It was felt that Port St Mary Commissioners were rushing into setting up these allotments and that it should be left for a year until the infrastructure was in place before the allotments were let. In that way the residents’ issues could be addressed and there would be fewer problems.
The Clerk was to write to Port St Mary Commissioners to this effect and to let the Chairman approve the letter before it was sent.
u) Southern Healthcare Committee
Minutes of their meeting held 30th October and AGM held 24th January had been received from the Secretary and RPC representative, Mr Tinkler. These were noted and made available for the Members to read if they wished.
v) Marashen Crescent
As Mr Vernon was not present there was nothing to report.
w) Rushen Ambulance
As Mr Vernon was not present there was nothing to report.
x) MNH
Mobile phone coverage – Meayll
There was nothing further to report. The Clerk was to contact Cable and Wireless to ask if any progress was being made.
Lighthouse on Calf – possible demolition
The Chairman said that he had been speaking to a Northern Lighthouse Commissioner who had said that there was probably no problem. The Clerk asked if it should now be taken off the Agenda but the Chairman indicated that it should be left on.
y) Car Park, The Howe
z) Risk Assessment
This had been left for the moment as there was so much other business being dealt with at the moment. The Clerk was to contact Mr Hornsby and invite him to the next meeting.
aa) The Craggs, The Howe
The scaffolding was now down and the property was looking better although not all work had been finished yet.
ab) Land in front of Hillcrest, Cregneash.
Mr Cain has asked David Cooil to cut the vegetation on this, which he had done.
As Rushen Commissioners could not be involved in this matter unless they leased the land the Clerk was to write to John Qualtrough (for Mr Karran) so that the matter could be discussed fully at a site meeting.
Ac) Golden Jubilee Trust
Mr Radcliffe reported that there had been a meeting the previous week. There was going to be half-day Challenge Event and Local Authorities may be involved.
Ad) Surby Road – water (also smell of gas)
Nothing from DoT. Regarding the water but the Clerk reported that it had stopped running.
Smell of gas – Mrs Felton phoned the Clerk saying that she had received complaints from neighbours about a smell of gas near her house (she has a bulk gas tank in her back garden). She had the gas men there three times and they said there was nothing wrong with her tank. She thought it could be coming from the house across the road. The Clerk went to have a look and, as it seemed strongest in the middle of the road she thought it could be coming from the sewer. She contacted the DoT Drainage Dept and asked for someone to come out to look at the sewer. They had done that and reported back that there was nothing wrong with the sewer.
The Chairman said that there was still a smell of gas.
Ae) Regeneration of Towns and Villages.
Email from Jonathon Crookall-Nixon. He had been appointed the Project Manager for the scheme which, subject to Tynwald approval on 17th Feb. ‘will afford exciting opportunities throughout the Island for many of the town and village centres where tangible benefits can be derived from some form or means of strategic regeneration. ……………. The key to early success will be the formation of Local Regeneration Committees and identifying the Regeneration Areas.’
This was noted and was to be kept on the Agenda.
Af) Building work at Ballachurry. Nothing further on this.
ag) Dilapidated Buildings
Mr Juan Watterson MHK had sent a further email with information and this had been forwarded to all the Members.
Mr Vernon was to attend his next meeting regarding this.
ah) Housing Conference 6th March.
The Agenda had been received and Mr Vernon and the Clerk were to attend the whole-day conference.
ai) DAFF Marine Nature Reserve Project – Community Meetings The Clerk reminded everyone that there would be one at Mount Tabor on Wed. 25thFebruary (the Port Erin one as it was on 29th Jan – same as BKWP Public Meeting and so Members could not attend).
Some of the Members and the Clerk indicated that they would attend.
aj) Defamation issue – Onchan Commissioners
Mr Gunn had taken the letter to read. This was regarding a possible defamation issue raised by Onchan Commissioners who had shared the legal advice regarding this matter with other Local Authorities for their information.
ak) Beating the Bounds. Nothing further on this at present but to be kept on the Agenda
al) Post Box at The Level
The Clerk reported that builders had built up the wall at the site but there was room for the post box to be returned. The Clerk had spoken to one of the men in charge and they indicated that there would be no problem with it being put back there. The Post Office would have to do this.
The Clerk to write to the Post Office to ask when it would be re-instated.
am) Arbour Week
The Clerk to get a price for a tree to be put on Croit-e-Caley Green.
An) Christmas Tree 2009. This was in hand.
6. CORRESPONDENCE
a) Public Sector Rent and Allowances for 2009/10.
Letter from DoLGE’s Housing Policy Manager. Rent increases and allowances for year 09/10 had been confirmed by the Council of Ministers as follows:
1. Rent point value to be increased by 5% to 96.33
2. Maintenance Allowance to remain at 33.3% of rents collectable
3. The administration allowance in 09/10 should remain as agreed by Council in 2006 as 7.5% but subject to the Authority delivering on common performance standards to demonstrate effective management and service delivery
4. The Community Reserve retention for sheltered housing should remain at 10% in the interim subject to the outcome of the current review.
These were noted.
b) Withdrawal of payphone – Surby Old Post Office.
Letter from Manx Telecom. They were planning to withdraw the payphone located at Surby Old Post Office:- ‘We understand that withdrawing any public payphone may cause concern to some local residents, but would stress that we have only taken the decision after a thorough review, and that the withdrawal of any payphone is looked at on a case by case basis. Such decisions are never easy but, in this instance, we have taken a number of factors into account, all of which lead us to believe that withdrawing this payphone is the appropriate thing to do.
The key points are:
This particular payphone took just £96 in the previous 12 months, which is a powerful indication that it is not heavily used by local residents.
There are alternative payphones provided as several convenient locations within Port Erin.
Maintaining this payphone, including the cost of power, cleaning, and service visit, currently far outweighs any revenue it generates.
Mobile coverage in the area is good and we feel that this – combined with almost universal ownership of landlines – means removing the payphone will not deprive local residents of a good telephone service.
Manx Telecom has a public service obligation to maintain a network of public telephones across the Island. This network makes a loss, but we are committed to provide the service. However, we do have to look at he payphone service in a broad context which, at times, means withdrawing some payphones in order to maintain a balance between availability, and limiting the losses incurred by the network. Its only fair to all our customers that we strike an appropriate balance and keep the level of any subsidy within reason.
With these factors in mind, it is our intention to remove this payphone following 60 days public notification in the kiosk. This withdrawal is compliant with the guidelines agreed with the communications Commission, which I have enclosed for your information.
I would appreciate it if you would be kind enough to inform Rushen Commissioners of our intentions and feed back any comments they may have.’
Members felt that the income of £96 over the past 12 months was reasonable and indicated that it was quite well used. They felt that it should be left and they considered it an amenity for residents and walkers. The Clerk to reply to this effect.
c) Marown Parish Commissioners – Outdoor recreation facilities.
Letter from Marown Commissioners – They were in the process of adopting some land in Glen Vine and one of the suggestions regarding what to do with the area is to drain it and provide either a “kick-about” area or some play equipment. There are recreational facilities in the Parish already, in Crosby, but these are not the responsibility of the Commissioners. They realise that the ‘centre’ of the Parish has now shifted to glen Vine and this has a larger and generally younger population.
As they have no direct experience of providing this type of facility that are contacting other Local Authorities to get some helpful information.
They would like to know if we provide such facilities; whether the land was gifted, purchased or remains in ownership of third party; was any play equipment gifted to the LA, purchased by them or remains the property of a third party; who maintains and supervises the play area – own staff, volunteers, staff employed by another organisation.
This was noted.
d) Castletown Metropolitan Silver Band – Subscription Concert.
They were to hold this on Saturday 28th Feb. at 7 30pm at CRHS. Invitation to attend.
Members would attend if able.
e) Britain In Bloom Neighbourhood Awards.
Letter from Dept. Tourism. Information regarding this could be found at www.rhs.org.uk/britain in bloom/GettingStarted/neighbourhood awards.html. Or email Rachele Quayle at rachele.quayle@gov.im. This was noted.
f) Dog fouling – letter from Mr K McArd.
Mr McArd complained about dog mess outside his gateway on Bradda Road. He asked if RPC had a dog warden and what could be done against these dog owners.
The Clerk to write back stating that she dealt with putting up notices, etc regarding dog mess and also that there was a new dog bin being put on Honna Road, near the phone box.
g) Making a Manx Home for Wildlife Leaflets received and noted.
h) Newsletter of the Chronically Sick and Disabled Persons Committee.
Received and noted.
i) Road Closures – re weather The Clerk said that this was the first time she had been sent such notices.
j) Road Transport Licensing Committee.
Applications, decisions and notices. Noted.
k) Civic Service – Onchan Commissioners. Notice that theirs would be on 24th May.
l) Accident Prevention Seminar
9am – 4 30 24th March at Keyll Darree education and Training Centre. Open to public, Government employees and voluntary organisations. Places need to be booked. No charge. Nobody from RPC indicated a wish to attend.
7. PLANNING APPLICATIONS
a) 09/086. Hillcrest, Ballakilpheric. Miss Suzanne Bentley. Erection of porch.
No objections.
b) 09/0149. Rhuvaal, Garth Avenue, Surby. Mr Summers. Widen existing driveway entrance and increase hardstanding for off road parking – all block paved.
No objections.
c) 09/0159. Ballamoar, Shore Road. Mrs D Moule. Replacement windows and door to front elevation.
No objections.
d) 09/0195. Homefield, The Level. Ravenhill Resources Ltd. Application to replace existing timber sliding sash windows with upvc double glazed windows (Rehau Heritage Window System) to the front and top hung upvc to the rear. Remove existing shop window and reinstate original window opening to be fitted with Rehau Heritage window system. The Clerk had looked at the plans and noted that the windows shown at the front were proposed to be top-hung window, not as indicated on the application form. She had spoken to Sarah Corlett of Planning to point this out.
Members felt that the replacement windows must be sliding sash and, preferably a 12 pane design to be similar to the originals.
8. PLANNING APPROVALS
a) 08/2296. 3 The Chase, Ballakillowey. Mr & Mrs D Reeday. Installation of an additional dormer to north east elevation.
Decision – Acting Senior Planning Officer. Issued – 29th January 2009.
b) 08/1840. Fairfield, Ballafesson. Mr J Driver. Erection of a timber cabin to replace existing shed. Conditions include – 3. The approval is granted on the basis that the water discharged from the roof of the new structure will be collected in water butts as indicated by the applicant in his letter of 14th January 2009. Decision – Acting Senior Planning Officer. Issued - 29th January 2009.
c) 08/2272. Sound Farm, Sound Road, Cregneash. Mr W Callister. Erection of a replacement lean-to barn. Conditions include – 3. The cladding on the new extension must match the colour of the material on the existing clad barns within the farm complex.
Decision – Acting Senior Planning Officer. Issued – 4th February 2009.
9. PLANNING REFUSALS
a) 08/2246. Field 410891, Surby Road, Surby. Mr N Saunders. Approval in Principle for the erection of four dwellings.
Reasons for Refusal:- 1. The site is not in a location where the services and amenities of a larger settlement – public transport, shops, employment etc are available and th increase of three dwellings above the number recommended in the Local Plan is considered inappropriate and would represent unsustainable development, contrary to the spirit of the Strategic Plan. 2. The Site is not considered of a size satisfactorily to accommodate four dwellings without either appearing inappropriately cramped for the prevailing existing development in the immediate vicinity and/or being uncomfortably close to existing properties and adversely affecting the amenities of those living therein.
Decision – Planning Committee. Issued 2nd February 2009.
10. PLANNING APPEALS
a) 08/0908. Land at Bradda View, Ballaillowey. Hartford Homes Ltd. Residential Estate of five dwellings with access road, drainage and landscaping.
The Appeal Hearing would be held 9 30am 24th March.
RPC had not opposed this application. However, a letter from Mr & Mrs Faragher, Ballakell had been received and it was they who had requested the appeal on the grounds that the large house on plot 5 – right behind their house – would be overbearing. They requested that someone from RPC come and have a look. They had already had Phil Gawne there and he had given them a letter of support.
It was agreed that the Chairman would go to see the Faraghers and the matter could then possibly be reconsidered. The Chairman would phone them very soon to make arrangements to visit them.
11. COMPLETION CERTIFICATES none
12. OTHER PLANNING MATTERS
a) Homefield, The Level. (the old shop)
The new owners had taken out the shop window and the other windows. Copy of letter from Planning Enforcement Officer to MP Associates:-
‘Refurbishment work to property and rebuilding of boundary wall, Homefield, The Level, Colby.
Further to my site visit and my conversation with your office yesterday I confirm that Class 21 of the Town and Country Planning Act (Permitted Development) Order 2005 allows for the installation of replacement windows and doors but not in a property which was substantially constructed before 1921. As Homefield was built in the 1800’s planning approval is required for the replacement windows, the removal of the bay window structure and the bricking up of the opening to form a window.
I can confirm that Part 2, Development Control at 6, Meaning of development of the Town and Country Planning Act 1999 that the carrying our for the maintenance , improvement or other alteration of any building of works which affect only the interior of the building, or do not materially affect the external appearance of the building, and are not works for the alteration of a building by providing additional space in it underground do not require planning approval. If it is intended to alter the external finish to the walls that too will require planning approval.
The application being retrospective should be received before 5th March 2009 and all further work on the windows and external appearance of the property should cease pending the outcome of the application. I would also suggest that before deciding on what windows to install or having the windows made that you seek advice from the planner for the area Miss S Corlett 685906. S.Olsen.’
This was noted.
b) Ballarock, Ballakillowey Road. Erection of a garage field 410268. Mr A Costain.
Received – copy of letter from Planning Enforcement Officer to Mr A Costain, owner of Ballarock:
‘Further to our exchange of emails on 8th December 2008. Firstly, I do apologise for the delay there has been in writing to you which was beyond my control. However, I can now advise that the Directorate has sought advice regarding the location of the garage and the extent of the curtilage of the dwelling at Ballarock.
It is usually as matter of fact and degree in these cases and although not every part of every garden can be said to be within the curtilage it has been determined that on balance that the site of the garage is within the cartilage in this particular case.
In my views therefore the garage will fall within Class 19 of the Town and Country Planning (Permitted Development) Act 2005.
However, I confirm that any proposed driveway to the garage and any turning area in front of the garage will not form part of the Permitted Development and will therefore require planning approval.’ S Olsen, Planning Enforcement Officer.
This was noted.
13. ANY OTHER BUSINESS
a) Attendance Allowance.
The Clerk reminded Members that anyone wishing to claim this should do so before the Year End. Mr Tinkler indicated he may make a claim.
14. DATE OF NEXT MEETING 18th March 2009.