• Minutes for the July 2016 Meeting

    September 6th, 2016 by Stan Pilling in General News ·Meeting Minutes

                                      RUSHEN PARISH COMMISSIONERS

    Meeting held 7pm Wednesday 20th July 2016, Ballafesson Hall.


    Present: Mr P Vernon (Chairman), Mr P Gunn (Vice-Chairman), Mr D Radcliffe,               Mr S Pilling, Mr J Young.             Mrs G Kelly (Clerk)

    MINUTES The Minutes of the meeting held Wednesday 15th June 2016, having previously been circulated were taken as read and agreed a true record.

    2. a) DoI/Local Authority Issues:-
    3. i) Department of Infrastructure: Transfer of function from DOI to Local Authorities; Waste Management and other such topics:-

    Transfer of Functions to Local Authorities from the Department of Infrastructure, also now called ‘Local Authority Transition’:

    Regional Update Meeting held on 29th June at CRHS.     Minister Gawne and Mr Chris Thomas MHK, who had responsibility for Housing and the Local Government Unit, spoke. All Members except Mr Pilling had attended, as had the Clerk.

    New Local Authority Members – Mr Young had not been able to attend the drop in meeting held at the Sea Terminal building.

    Waste charges at the EfW. Some Local Authorities seemed to remain in disagreement regarding the way the charging was calculated and when it should have commenced. RPC had been given the information on how the availability fee had been calculated and had agreed with Waste Management to pay it monthly together with the tonnage invoice.

    Waste Working Groups

    Political WWG. There had been a meeting of this on 6th July. Mr Bob Pilling (Malew) had sent a report. The Clerk had asked the Clerk of Port Erin if Mr Crellin, who was the other political representative for the south, if he had made a report as no other LAs had received one. The Clerk had sent an email giving details of the verbal report that Mr Crellin had given him.

    Stephanie Gray had replied to the letters sent from the June Board Meeting. She expected RPC to discuss their objection to data sharing with other Clerks ‘as the request for sharing the data came from the LA Officers you mention in your email. (it was only the Clerk of Port Erin who brought it up).   The reply re ‘Contingency Plans for the EfW’ – Waste Management had been having a periodical review of this. With regard to the Availability Fee reimbursement (when not available) The cost of setting up, equipping and operating a contingency facility for waste deposit, processing and baling, storage of baled waste, shipment of baled waste to England, purchase of TFS permits and disposal of baled waste in the UK will by far outweigh any costs (gate fee plus availability fee) currently incurred on Island for waste disposal as the EfW, even at commercial gate fee rates. Under the terms of the 1990 PH Act the DOI is required to provide a disposal route for waste collected by LAs and to charge a reasonable amount for that service. Under the contingency plan this will continue to happen.”

    These replies were noted.

    Officer Waste Working Group – Next meeting to be on Thursday 21st July.  Due to the Clerk’s (and maybe others) complaints regarding un-nominated people attending and taking part, all Clerks had been invited to attend. The Clerk confirmed that she would be attending. With regard to the sharing of information on tonnage and refuse vehicles which had been suggested by the Clerk to Port Erin and followed up by a request from Stephanie Gray, RPC (see above) Board Members confirmed that they did not want their data shared as they were of the opinion there was no viable reason to do so. There was no need for another layer of Government being involved in Local Authority matters. If one Local Authority were of the opinion that a neighbouring Authority could help them, or vice versa, then all that needed to be done was for the Clerks to speak to each other, which already happens. The Clerk was to reiterate the Board’s views.

    1. ii) All Island Clerks Forum.  The Clerk had attended the Meeting held on 30th There had been presentation on ‘Freedom of Information’ by Ms Hirelle Moore and Electronic Transactions Act by Mr Gary Lark. She had forwarded the email containing the presentations to all Members.

    Freedom of Information: There had been a lot of information given – one thing , which the Clerk had mentioned on previous occasions was that all Members of a local authority should have their own email account, not shared with family members. This was not only to do with the confidentiality of some of the things they have to deal with but because, under the Freedom of Information Act, should someone request information they may be within their rights to access all of the family emails.                                                                                                          If someone applies for information under this Act the relevant body or Department has 20 working days to answer the requests. This timescale can be extended if it is going to take longer but the inquirer must be informed of that. This only applies from 2011.                                             They also spoke briefly about what records should be retained. The Local Government Unit were going to circulate a Retention Policy to all LAs.

    Electronic Transactions  This only applies to statutory functions. There is no obligation to accept electronic payments, as some suspected. They would provide more details.

    Other items – the Clerk to Braddan had sent several items for discussion at the meeting and those present gave him information on how their LA dealt with those.

    iii) HOUSING WORKING GROUPS – Nothing much seemed to be happening.

    Officers group meeting . No further meetings had been held.

    The Political Members’ Housing Working Group Meeting. Mr Radcliffe said that he had not received any notification of meetings so he presumed that there had been none held.

    Information rec from the Clerk of Port Erin:- The Southern Area Housing Working Group held a drop in session for new and existing Commissioners in the South. This was an informal drop-in session aimed at providing more detailed information and to answer any queries Members or Officers may have ahead of the planned launch date for a shared Southern waiting list on 30th July. The session was held at Castletown Commissioners Board Room. The Clerk had given Members this information. None of the Members had attended.

    iv) FUNCTIONS TAKEN ON BY RPC: (roads, hedge and gullies appear in Minutes at ‘Jones Services – c i).’ (122 extra gullies)

    Pavement from Ballachurry to Ballakillowey roundabout. The Clerk had arranged for this to be cut and swept. Mr Radcliffe had spoken to Stephen Maddrell with a view to him using his digger to dig out the hedge bottom. However, it seemed that a digger wouldn’t be suitable for this work as it would just rip up the pavement, It would require possibly a mini digger or men with spades. It was agreed that the Clerk should contact Port St Mary Commissioners to ask for a price for their men to do this work

    1. v) Members’ Declaration of Interests Record Book.   Attendance Allowance. Nothing further.
    2. b) Ballakilley Land

    Rushen Recreational Area.

    1. i) Agreement for Southern Nomads. – partly in Private session.

    Southern Nomads version of a Draft Lease . To try to progress Southern Nomads and the RFU’s (UK governing body for rugby) insistence on a Lease, at the Chairman’s request Mr Gunn, Mr Radcliffe and the Clerk met to see if there were suggestions and questions which could be made to Nomads on this draft. Another meeting was held and Mr Gunn and Mr Radcliffe together with the Clerk had gone through the draft lease and RPC’s Agreement and produced a draft lease with various clauses to try to protect the public open space zoning.

    The draft lease, which could have further alterations, was to be sent to Nomads so that they and their advocate could look through it to see if it may be acceptable to them and subsequently to the RFU.

    The Clerk had contacted IOM Sports (and copied Members into the email & reply) She had phoned Paul Cubbon that morning and they spoke for a while. However, it was for Southern Nomads themselves to contact IOM Sport to request funding.

    ii) Rushen Burial Ground Authority

    The advocates were waiting for two members of the RBGA to sign the documents and then there could be completion. The RBGA had been out to tender for the fencing, paths and wall work and had someone ready to start as soon as the purchase was completed.

    iii) Church Field & Barracks Field – access, grass. The Church Field had been ‘topped’ and the weeds by the burial ground boundary wall had been cut.

    1. iv) Tree area in Church Field – weeds – these had now been cut.
    2. v) BMX Track/Skate park – meeting with Port Erin and Port St Mary. The date previously agreed had not been suitable as the Chairman had been off Island. Both Port St Mary and Port Erin had said to just make a date and they would fit in with it. It was agreed that the meeting would be held on Wednesday 27th July at Ballafesson Hall. The Chairman was to compile the Agenda.
    3. c) Waste Management, Refuse Collection, Roads, Gullies and Hedges .

    Jones Services Ltd. Refuse collections – the Clerk reported that there were no problems at present.     She had received a call from Ms Watterson of Cronk Mooar Farm, Shore Road. Her bin has to be situated at the end of her lane as the farm is a long way up a fairly rough lane. It is tied to the pole at the layby. The lid had blown off again and people had been using it as a dog bin and litter bin – sometimes there was no room for her refuse.   Mr Radcliffe had now put a dog bin there and the Clerk had priced a lockable bin, which would be £90.60 including VAT.  It was agreed that because of the windy situation and the problems with others using it that a lockable bin should be purchased and put there for her use.

    1. i) Road Sweeping – The Clerk reported that the roads where weeds had been sprayed had been swept.
    2. ii) Hedges – The initial cutting had taken place on safety grounds and Ballakilpheric Road had been cut earlier than the previous year as complaints had been received that year from some users. The triangle of land at Cregneash would be cut in the next round of cutting at the end of July.

    The Clerk had written to the owner of Garthcote with regard to his hedge and reminded him of the danger to pedestrians and his liability if there was an accident. This was a similar letter to the one sent in 2015, of which she had also enclosed a copy. The Clerk had informed him that it would be cut the following day. This had been carried out and the Clerk arranged for the sweeper to come down early the following morning especially to sweep this, the Ballachurry Road pavement and the one at Greenacres. No reply or acknowledgement had been received from Mr Teare, the owner of Garthcote.

    Mr Norris from Surby Mooar – emailed with regard to hedge cutting not really required up there as” nobody uses the road” He complained that the wild roses and his Fuchsia had been cut too early. The Clerk had explained that this lane was the very last to be cut last year (local authorities’ first year of taking on that responsibility from DOI) and she had been up there with the hedge cutting contractor to point put to him where to cut. In the reply to the email she pointed out that there are quite a few houses up there and so there would be several vehicles, oil tankers, delivery vehicles, etc using it. It is a public road and RPC needed to make sure it is passable.   She said that, prior to that road being cut this year she could meet with him before the hedge cutter was sent there . Mr Norris said that he would cut his own hedge and his neighbour would as well but the Clerk pointed out that it would need to be inspected to see if they would be overhanging too much if left until later for them to do.

    iii) Gullies – The invoice had still not been settled and had been mentioned again to Minister Gawne at the CRHS meeting. A further invoice and letter had been sent and settlement was anticipated.

    1. d) Bring Banks possible positioning of recycling bins at the layby on Ballakillowey.   It would seem that DOI/Waste Management would not be putting any bins there even though it would be a better position and used by many more people than those already in Rushen. However, they had very recently put a smaller can and aluminium bank at Croit-e-Caley.
    2. e) Lighting: lighting at Fairy Hill. Mr Radcliffe to indicate to the Clerk where a new light had been requested by a resident.
    3. f) Traffic & DoI Highways. .

    STMLG – Traffic Meeting – Mr Vernon and the Clerk had attended the meeting on 21st June.

    The schemes status report was handed out.

    The parking at Rushen School was on the agenda and the plan showing where they would be putting new double yellow lines was given to the Clerk. These were to be where the cones had been placed for some time – at the entrances to Southlands and Ballakilley Estate where parents had been parking and causing a danger.  It was mentioned that, since the cones had been put there, parents were parking on the Castletown Road on the double yellow lines and the Community Police were not enforcing it. The Road Safety Unit was to go to the school. It was felt that a Police presence would be worthwhile.

    The turning circle at Glen Chass – the Clerk had given Ms Hawley a copy of the photo showing that the double yellow lines had also been on the opposite side of the road many years ago i.e. right round the circle.

    Jeff Robinson, Director of Highways had attended the Traffic Meeting. He said that the present Traffic meetings were not productive and they should be run a different way. The whole division should be looking to more long term aims – at present they were only reactive. There should be a two year rolling plan for schemes. Highways were suggesting a 2 – 10 year plan draft and asked if the Traffic meetings would look at it to see if it was right locally and that LAs need to look at the longer term. Highways needed to get better at saying ‘no’ to certain things if they have no capacity to deliver. Highways will not be dragged into neighbours parking disputes; they are not going to do H bars at entrances to driveways; they haven’t got the resources to do all the lines (they had been disappointed in some line painting which an off-Island firm had done and which cost £100,000 and they hadn’t use the correct, hard wearing paint).

    Mr Robinson said that DOI/Highways feel that ‘people’ have been neglected with regard to dealing with highway responsibilities and that a road goes through a ‘place’ where people live. He asked ”could Highways make it a better place to live in and more account should be taken of communities – Local Authorities could help with this.”

    If Local Authorities want work done which is important to them but not a Highways priority then they could pay Highways to do it. It had been suggested to him that a Local Authority could engage a Contractor to do such work but he said that Highways had found that they had proved to carry out work of variable quality.

    The Clerk mentioned RPC’s letter to him (no reply had been received) and the newly tarmacked Sloc road – he said that the Rally people had complained about the state of that road. Also she had asked when the road through Colby would be done. He said that the stretch from Friary Park to Arbory School would be done quite soon.

    The unsatisfactory way that reporting problems were handled by DOI officers was questioned and that a log was needed . It would seem that there is an App which DOI have for doing this. It was suggested that it could incorporate Local Authorities. The Clerk of Port Erin said he would look into this and had emailed (fwd 23/6) the information. This required an I-phone to use as it was designed to be used ‘on site’ i.e to report immediately if a problem was found when a Clerk/Officer was out and about.

    1. g) Police Mr Vernon had attended the meeting on 28th He had brought up the information received that quite a few windows (possibly 17) at Greenacres had been broken. The Police knew about this but had said that they were unlikely to find anybody who did this. Mr Vernon also asked is there were any conclusions with regard to the large spate of thefts the previous year. There was nothing.

    Mr Young had been trying to start up a new Neighbourhood Watch for the Ballafesson area. There had been a traffic mirror broken and other minor problems. Mr Radcliffe, whose traffic mirror had been broken had tried to contact the Police but was unable to get any action taken . He had replaced the mirror.

    Mr Young pointed out that the Community Officer had been very slow in getting things moving with the Neighbourhood Watch as he had expected stickers, leaflets, etc some time ago but nothing had been forthcoming. The Clerk was to contact the Police to ask what progress was being made.

    1. h) Dog bins; fouling; Litter bins; Beach Cleans;

    Requests for dog bins – all five bins had now been delivered and Mr Radcliffe had put four out – Ballafesson Road near the Ponyfields; Shore Road opposite the junction with Kentraugh back road; Kentraugh back-road some yards down from the junction with Beaton’s Lane;   The Clerk had informed Jones Services of the position of these so that they could be emptied on the relevant rounds.

    The Clerk asked if stickers should be put on the dog bins identifying that they had been installed by RPC and a contact number if there were any problems. This was agreed and the Clerk to make further enquiries from Quine and Cubbon.

    Picnic area – litter bins:- The Clerk reported that there did not seem to be any problems there at present.

    1. i) Playing field, Howe Car Park. Swing. The timbers which had been bought from DEFA Forestry had rotted in places and the frame had been taken down. It was suggested that a similar swing could be bought from a catalogue but it was to be left until the August meeting to decide whether or not there should be a swing there.
    2. j) Web Site

    Mr Young had looked into RPC having a FaceBook presence. There could be an open group – open to everyone or a closed group. The matter was discussed and it was decided that, at present, Members did not wish to go down this route.

    1. k) Southern Civic Amenity Site  (Southern Recycling Centre)

    Mr Pilling had attended the latest meeting of the SCAS Board. He reported that the meetings were run very formally with great importance given to standing orders. These were going to be looked at again.

    1. l) Municipal Association

    Mr Gunn had not been able to attend the last meeting. The next one would be at the end of the month when Mr Eddie Teare MHK would be speaking.

    1. m) Southern Swimming Pool Authority

    Mr Radcliffe said that the meeting would be held on the following evening and he would be attending. From the previous meeting he reported that the new cover for the pool would be installed shortly and the roof needed patching again.

    1. n) Marashen Crescent Elderly Persons Housing Authority

    Mr Radcliffe said there was nothing to report.

    1. o) Southern Healthcare Committee

    Mr Pilling had not been able to attend the AGM as it was the same evening as the Amenity Board meeting. However, he was able to inform Members that Mrs Pilling remained as Secretary and Mrs Rae as Treasurer.

    1. p) Rushen Ambulance   The AGM was to be held on 5th
    2. p) Manx National Heritage  
    3. ii)   Meayll Hill – dog fouling (dogs and trial bikes).
    4. iv) The Sound. – dog fouling.   Suggested dog bin.

    Dog fouling and Trial bikes on Meayll Hill.   Letter sent by RPC’s Chairman to the Director. Reply received 29th June:

    Reply from the Director of Manx National Heritage.

    “Thank you for your letter dated 1st June 2016.                                                                                     The Sound. Although we consider dog fouling is not a significant issue at the Sound in comparison with some other locations, we do appreciate the Commissioners’ offer to provide a free dog bin emptying service. You will understand that we try to protect the visual appearance of this key site by avoiding over-proliferation of bins, signage and other clutter. However, we will arrange to purchase a dog bin and install it adjacent to the turning circle and let Mrs Kelly know when this is in place. We will also remind our catering contractor to carry out regular checks on the other bins, particularly during the busier periods.                                         Meayll Hill. We note that despite the Commissioners’ roadside dog waste bin, you continue to receive complaints about dog fouling. As I indicated in my letter dated 12 January 2015, we are not proposing to add a dog waste bin in this location. With continuing pressure on our budgets, we do not wish to create a new liability and an on-going cost by engaging a private contractor to empty a dog waste bin on Meayll Hill.                                                                                                         In terms of the continuing issue of trials bikes using the Hill, as you will be aware, the ownership of this area is complicated by a number of ownerships, with MNH’s ownership extending to only approximately 30% of the whole Hill area.                                               Managing both these issues involves a mix of education, awareness , enforcement and physical barriers. For example the only practical way of physically preventing trials bikes from using the Hill would be to exclude all vehicles from the Hill by fencing the roadside along the Cregneash to Port Erin road, together with lockable field gates and kissing gates as necessary to all of the access points on to the Hill. This would also possibly reduce some dog fouling as dog owners would no longer be able to park up the Hill and allow their dogs to roam free. Such action would require the support of the other landowners and it would not be popular among those used to be able to access the Hill by car.               Would the Commissioners be prepared to support such a move by working with MNH to identify the other landowners of the Hill and then trying to agree how the area may be better managed, including the potential provision of fencing/gates.                                            Edmund Southworth, Director of MNH”

    Members were concerned about the suggestion that the only practical way to prevent trial bikes using the hill would be to fence off the whole Hill by fencing the roadside along the Cregneash to Port Erin road, together with putting in lockable field gates. Members pointed out that much of the land is not owned by MNH and it may well be unlikely that the owners, if they could be traced, would want to do this. It was felt that this was not a productive way forward. With regard to the dog fouling and trial bikes, signs banning both put up at the top of the Hill by MNH could be effective in solving the problem. RPC had suggested this in the past and as recently as 2015 that they should put up signs asking people not to let their dogs foul the area but MNH had declined to do so.   Members felt that Manx National Heritage needs to preserve and look after the land which is in their care.

    The Chairman would reply to Mr Southworth’s letter.

    1. q) Risk Assessment  Health and Safety.  Mr Edwin had been seriously ill but was now recovered and he had sent his report – which required amendments. Mr Vernon and the Clerk would deal with this and send him the amendments.
    2. r) Grass Cutting :

    Weeds spraying –   The Clerk had arranged for the sweeper to be sent round the roads and estates which had been sprayed.

    1. s) Meayll Book.
    2. t) World War 1 Commemorations 2014-2018.
    3. u) Port Erin Commissioners – boundary extension proposed by them to take part of Ballakilley residential development.

    Nothing further.

    1. v) Notice Board.
    2. w) Flooding and Wave Overtopping and Shore Road.

    No reply had been received from Mr N Black, Chief Executive of DOI to RPC’s letter of 14th March. Mr Black was to be reminded that RPC required a reply.



    1. x) Roads in poor condition.

    Honna Road ,Surby Road, Glen Chass Road and others. Sloc Road.

    The Clerk had written to the Director of Highways:- 1st June. No reply yet but she had mentioned it again at the Traffic Meeting which he attended.

    1. y) Parking at Rushen School.  This was mentioned at the Traffic Meeting and the Clerk had been given a plan showing where DOI would be putting down the yellow lines.
    2. aa) Derelict Properties. This would be discussed at the August meeting.
    3. ab) Litter Mr Radcliffe’s letter to all MHKs.


    This can be read as part of the Minutes by attending the Office of the Clerk.


    2. a) 2nd Supplemental List 2016.

    On the list there were four Ballakilley houses and the new house at Ballafesson; also The Tramman, Ballakillowey (on the Scard lane). Also – Clybane, Mount Gawne Road had been re-instated from zero rating.

    b)  Clybane, Mount Gawne Road. Mr & Mrs Jenkins. (also in ‘other planning’) This has been the subject of approval, appeals, and further legal actions so that the development couldn’t go ahead . Mr & Mrs Jenkins submitted a Petition for Redress. There had been a Select Committee and Report – the Report of the Select Committee on Planning and Building control (Petition for Redress) . Mr Chris Thomas MHK chaired this and mentioned it at the Meeting at CRHS of Local Authority Members and Clerks from the south, Minister Gawne and Mr Thomas. He mentioned this report and sent it to the Municipal Association who have forwarded it to all the LAs. Fwd 13/7.                                                                                                         The Committee had made a lot of recommendations on planning matters.

    1. c) King Scallop Consultation.

    Forwarded to Members on 6/7. Details of the consultation on “Proposals for Future Management of the Isle of Man King Scallop Fishery” available at www.gov.im/consultations.gov.  This was noted.

    1. d) Legislation to implement the Criminal Justice Strategy.

    Email rec and fwd 11/7 from Karl Cubbon, Legislation and Policy Officer, DHA. The proposals include: effective early intervention/diversion from criminal activity; youth justice and to increase the age at which persons become subject to adult court procedures; modernising legislation relating to powers to manage offenders; various proposals amending or extending sentencing powers, the question of weekend custody, and making provision in relation to sentencing guidelines; alternative ways of giving evidence.   On page 10 under the title “Further issues” there is an invitation to consider the question of release (or early release) and let the Department have your views. Views by Monday 19th September.                          This was to be left to individual Members to submit views if they wished to do so.

    1. e) Older People’s Services Consultation.

    Rec. 15/7 fwd 15/7. This was a current consultation into the Future of Services for Older People. “Due to administrative oversights this was not sent directly to you earlier. In light of this we are happy to receive responses up until 12th August.” Rebecca Dooley, Service Planning and Engagement Lead, Adult Social Care, DHSC. This was noted.

    1. f) Rushen Heritage Trust. Exhibition re “A Year on Ballachurry Farm”. Mr Gunn and the Clerk had attended the Launch evening at the West Room, Port St Mary Town Hall and bought a copy of Mr Clucas’s book.
    2. g) Civic Service. Peel Town Commissioners – 24th Invitation to attend at 12 noon at the Cathedral. Procession will commence at 11.45. Copy of Order of Procession received. Mr Vernon was unable to attend this.
    3. h) Royal Air Forces Association.

    Invitation for the Chairman to attend RAFA’s Battle of Britain Concert and Church Service. 2016 is the 76th Anniversary of the Battle of Britain. The concert to be on Friday 16th September at 7pm at 7pm at All Saints Church, Douglas to raise funds for the Wings Appeal. On Sunday 18th September there would be a parade at 10.30 from the Woodbourne Pub to All Saints Church followed by a Church Service at 11am.                                                    They are also celebrating the 75th Anniversary of the Air Training Corps and 440 (First Manx) ATC Squadron, which is one of the first Squadrons to be formed. Cadets from the Squadron will be taking part in the Service and Parade and helping over the weekend to collect at various locations around the Island for the Wings Appeal.

    The Chairman and Vice Chairman would be unable to attend but Mr Young said that he may do so.


    2. a) 16/00740. Motoralands & Nooklands, Shore Road. Hartford Homes Ltd. Amendments to plans:- 1. Rear retaining wall adjusted to suite existing trees; 2. Rear bathroom sill heights raised; 3. Side study window sill height raised; 4. Correction of boundary with Seascape; 5. Demolition of existing store due to safety concern with stability in storms late last year and replacement with new store; 6. Canopy roof finish amended to product more suited to coastal environment.   Also received letter dated 22nd June stating that the drawings and sample panels they submitted seeking a variation of the approved details have been approved by Interim Director of Planning and Building Control. No objections.
    3. b) 15/01389/GN (and -1390 CON) Ballagawne Gateleeper’s Cottage, Mount Gawne Road. Department of Infrastructure. Alterations to form a dwelling including repair and renewal of roof, construction of new floor, alterations to internal layout, installation of French doors, replacement windows and doors, external decoration and creation of new vehicular access and driveway (in association with 15.10390/CON). Arboricultural Report. (author Stephen Curtis, Technical Officer, Strategic Asset Management Unit, Treasury). It was noted that the applicant was the DOI and not the private individual who was to have bought this property.


    2. a) 16/00461/8. 1 – 14 Orestal, Croit-e-Caley. Department of Infrastructure Housing Division. Removal of chimneys and roof lights and replacement of existing flat canopy roofs with pitched slate canopies.   Decision – Planning Committee. Issued 21st June 2016.
    3. b) 16/0051/B. 3 The Chase, Ballakillowey Estate. Mr & Mrs D Reeday. Installation of and additional window and dormer window to dwelling.   Decision – Senior Planning Officer. Issued 23rd June 2016.
    4. c) 16/00216/B. Vacant land at Bradda View, Ballakillowey. Hartford Homes. Erection of twelve detached dwellings with integral garages incorporating amendments to approved PA 13/91367.

    Conditions include 2. Prior to the occupation of any dwelling the garage, car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter. Reason: to ensure that the strategic plan car parking standards are met in the interest of highway safety. 3. Prior to occupation of any dwelling the road and footway/footpath between the highway and dwelling shall be constructed to at least base course level. Reason: to ensure adequate pedestrian and vehicular access to each dwelling in the interest of highway safety.   4. Prior to the commencement of any other works on site, the trees to be retained must be protected from damage during the construction process, as shown in drawings 33A and 34 received on 1st June 2016. Reason: to protect the visual and natural amenities of the area. 5. All planning, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding season following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: the landscaping of the site is an integral part of the scheme and must be implemented as approved. Decision – Planning Committee. Issued 6th July 2016.

    d) 15/01308. 103 – 135 * 139 – 145 Ballakilley, Church Road. Dandara Homes Ltd. Erection of 49 dwellings (amendment to approved PA 13/00777).

    Conditions include: 1. Other than as specified in the approved phasing schedule, all planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: so that the development sits comfortably in its environment.   2. The Public Open Space within fields 411529 and 414546 (the residential part of the development) must be finished and available for public use prior to the completion of the residential development. Reason: to accord with Recreation Policy 3 of the Strategic Plan.                                                                                                                                                            3. Prior to the occupation of any dwelling, there must be between the property and the A29 church Road an access including footways constructed to at least base course level and adequately lit. Note: the applicant should take all reasonable steps to ensure that roads and footways are usable by those who may be occupying the completed houses whilst construction continues elsewhere on the estate. Reason: in the interests of highway safety and residential amenity.                                                                                                                                           4. Prior to the occupation of any dwelling approved as part of this application, further details of traffic calming features to ensure that traffic travels at a safe speed must be submitted to and approved by the Planning Authority, and installed in accordance with those approved details. Note: this may include temporary calming measure to be installed whilst the carriageways are being used by construction traffic as well as permanent features which will be retained once the roads are completed. The applicant should liaise with the Highway Authority in this respect. Reason: in the interest of highway safety.                                                                                     5. No dwelling shall be occupied until the vehicular access has been provided where shown on the approved plans and in all cases space has been laid out for at least two motor cars to be parked in accordance with the drawing 17.02.P3. These vehicle parking facilities shall thereafter be retained for use in conjunction with the relevant dwelling. Reason:   this condition is imposed in order to ensure that reasonable and adequate parking space is provided to meet normal parking demands and avoid the need for vehicles to be parked on the highway where they could adversely affect the safety of other highway users.                                 6. The Public Open Space proposed for fields 414532 and 414214 (the recreation, public open space and burial facilities) must be made available for public use prior to the completion of the final two dwellings of the residential development. Reason: to accord with Recreation Policy 3 of the Strategic Plan.                                                                         7. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: to comply with article 14 of the Town and Country Planning (Development Procedure) (No 2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

    1. e) 16/00607. Kimmeragh, Ballafesson Road. Mr & Mrs D Fisher. Relocation of existing vehicular access. Conditions include: 2. The existing access must be blocked off in materials and form to match the remainder of the roadside wall, within 28 days of the completion of the proposed access as approved. Decision – Interim Director of Planning and Building Control. Issued 19th July 2016.
    4. a) 11/07514/DEX. The Retreat, Surby Road, Ballafesson. Mr & Mrs P Kneen. Roof alterations.   Issued 27th June 2016.
    5. b) 14/07134/MUL. Plot 8, land at Ballakilley, Church Road. Heritage Homes. Erection of 4 bed detached dwelling ‘Oak 2014’ house type.   Issued 1st July 2016.


    1. a) 15/01135. Broomfield Cottage, Qualtroughs Lane, Ballafesson. Mr & Mrs J Young. Alterations, erection of extension and car port to dwelling and erection of boundary wall with pedestrian access.  The PA had been approved but the neighbours took it to Appeal. The Minister, Hon. R Ronan MHK, has accepted the Inspector’s report and recommendations. Therefore the Appeal has been dismissed and the Approval by the Department is upheld. Conditions include: 2. Prior to he commencement of any excavation or building work on site, a method statement for the excavation of ground and the laying of foundations shall be submitted to and approved in writing by the Department. The development shall be undertaken in accordance with the approved method statement. Reason: to ensure the safeguarding of the oak tree adjacent to the application site during construction works. 3. Prior to the commencement of any excavation or building works on site details of the positions and sized of drainage pipes to discharge water from the site into the adjacent watercourse shall be submitted to and approved in writing by the Department. The drainage pipes shall be laid in accordance with the approved details. Reason: to ensure that the development does not increase the risk of flooding in the area.

    Mr Young declared an interest and did not take part in any discussion.    


    1. a) Clybane, Mount Gawne Road. Mr & Mrs Jenkins. Dealt with in Correspondence – 6 b) This had been the subject of approval, appeals, and further legal actions so that the development couldn’t go ahead .
    3. a) Shore Road. Mr Radcliffe pointed out that there had been two accidents there very recently, one of which resulted in very serious injury. Mr Vernon had made enquiries about the first one and the Police meeting but the Police would not give out any details.     The Clerk was to write to Ms Andrea Hawley, DOI, who leads the Traffic Liaison meetings at which RPC had brought the danger of this road to the fore. They had suggested that shell surface should be put down to minimise the risk of accidents.

    The Clerk was to write to Ms Hawley stating that Rushen Parish Commissioners had come to the conclusion that the shell surfacing which they had suggested may have prevented the first accident near Kentraugh. What were DOI proposing to do to prevent more accidents?  

    DATE OF NEXT MEETING   Wed. 24th August 2016.

    As there was no further business for Public Session the meeting went into private session at 10.25pm.