• Minutes for the 19 September meeting

    October 31st, 2016 by Stan Pilling in General News ·Meeting Minutes

                                      RUSHEN PARISH COMMISSIONERS

    Meeting held 7pm Monday 19th September 2016, Ballafesson Hall.


     Present: Mr P Gunn (Acting Chairman), Mr S Pilling, Mr D Radcliffe, Mr J Young.

    Apologies:   Mr P Vernon, who had been given extended leave.

    Mr Georgiou, Rushen Eco Energy, had been invited to attend to explain to Members some of the new information which had been received with regard to the proposed 3 wind turbines at Ballaman, Ballnahowe.

    1. MINUTES The Minutes of the meeting held Wednesday 24th August 2016 having previously been circulated were taken as read and agreed a true record. They were therefore approved for signing.
    3. a) DoI/Local Authority Issues:-
    4. 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/Local Authority Transition.

    1. ii) Political WWG. No meeting held.

    Officer Waste Working Group – meeting to be held Tuesday 20th Sept.

    Clinical Waste . No information so far as the Clerk would ask the question at the meeting on 20th Sept.

    iii) All Island Clerks Forum.  The next meeting to be held at 10am on 6th October at Port St Mary Commissioners Office. The Clerk indicated that she would attend.


    Email from the Clerk to Port Erin re the combined housing application form to which the Clerk had replied and copied to all Members. Also received email from Eric Whitelegg with information for the public re applying for housing.   These were noted.

    Officers Housing WG meeting – none held.

    The Political Members’ Housing Working Group Meeting – none held

    1. v) Members’ Declaration of Interests Record Book.

    b) Ballakilley Land

    Rushen Recreational Area.

    1. i) Agreement for Southern Nomads. – Draft Lease (as opposed to the Legal Agreement which they had been given copies of almost two years previously) given to them on 21st

    Nomads had produced a new draft which the Clerk had emailed to all Members on 12th September. Mr Gunn advised that it seemed no further forward with regard to solving the public open space requirements. This would be dealt with at the next Meeting when the Chairman would have returned and there would be a full board.

    ii)) BMX Track/Skate park . The part of the field shown on Nomads approved PA plan as not being pitches or car park, etc had been measured and marked out by Mr Radcliffe and Mr Young and posts put in.

    ii) Rushen Burial Ground Authority

    1. iv) Church Field & Barracks Field – work would commence soon.
    2. v) Ballakilley residential estate The Clerk had contacted David Humphrey from Dandara again regarding various matters arising from the Estate.
    3. c) Waste Management, Refuse Collection, Roads, Gullies and Hedges .

    Jones Services Ltd. Refuse collections . No problems.

    Cronk Mooar Farm, Shore Road. Lockable bin

    1. i) Road Sweeping – not yet done as all the weed spraying hadn’t been completed.
    2. ii) Hedges – the third stage of hedge cutting had been done, including down to Fleshwick which had been brought forward due to it being overgrown and a hazard to traffic.
    3. iv) Pavement from Ballachurry to Ballakillowey roundabout. In light of what the Director of Highways had said at a Traffic Meeting i.e. if a Local Authority wanted work done which DOI didn’t want to prioritise they can pay DOI to do it (and they don’t regard the work that some private contractors do is good enough) the Clerk had written to ask them how much they would charge to dig out the hedge bottom along the Ballachurry Road from the roundabout to Ballachurry , writing that “ I had noticed what a good job the DOI men had done on the Shore Road”. The letter had been acknowledged and passed on but nothing had been received with regard to prices for such work.

    The Clerk was to speak with the man who cuts the hedges as he had indicated earlier he may be able to carry out this work with a mini digger.

    1. v) Ballakillowey white line pavement. A contractor was to be engaged as soon as possible to carry out this work.


    1. d) Bring Banks nothing further
    2. e) Lighting: lighting at Fairy Hill. Mr Radcliffe was to try to contact the relevant person in DSC Housing to see if they would be reviewing the lighting on their estate.
    3. f) Traffic & DoI Highways.

    The next meeting would be on Tuesday 20th September and the Clerk would attend.

    Shore Road.

    RPC had sent a further letter to Highways, via email, on 6th Sept. 2016:-

    To:- Mrs A Hawley, Traffic and Transportation Technician, Department of Infrastructure.

    Re: Shore Road, Rushen. Accidents.

    Thank you for your reply to my Commissioners letter regarding their concerns. Rushen Parish Commissioners discussed this at their recent meeting.                                                                             They are firmly of the opinion that to wait until 2018 to improve and resurface the road near Kentraugh is totally unacceptable. There is clearly a problem with the road, especially near Kentraugh, and there seems to be a lack of adhesion leading to at least some of the many accidents which have occurred there.                                                                                                  My Commissioners note that the DOI will commence work in November at Fishers Hill. They would point out that there are fewer accidents there since the ‘shell surface’ was installed. It would be expected that the DOI would be concentrating on the road surface near Kentraugh where there have been several accidents, one of the latest resulting in serious injury which may well be life-changing for the young woman involved and her family. There appears to have been other accidents since then. This would lead one to assume that the Kentraugh part of Shore Road would be the first to be dealt with rather than wait until 2018 – another year and a half.                                                                                                                                                          It had been presumed that due to all of the accidents over many years that a design incorporating safety features would already have been done but your letter seems to indicate that the design engineers have yet to do so.   Is that correct?                                                                 Rushen Commissioners wrote to the Director of Highways in June stating their concerns about the state of roads in the South and made mention of major work which has been carried out to the Sloc Road and also the Corlea Road in Malew.

    In the reply (from Bill Corlett in August) it was stated that the work to the Sloc Road “was carried out primarily to enable a motorsport, namely the Hill Climb, to carry on using this road as they had stopped using it a number of years previously”; the Corlea Road had major work done because “there had been a number of accidents recently which could have been put down to very poor skid resistance”                                                                                                          Both of these roads are not major ones and have a great deal less traffic than the Shore Road, which is the major route to the South – designated a ‘strategic route’ by DOI. It is very busy at all times of the day and night and there are many accidents, some serious, on it. It seems anomalous that hundreds of thousands of pounds have been spent on the Sloc and Corlea Road and yet nothing will be done on the Kentraugh end of Shore Road ‘until 2018’. To put ‘encouraging visitors to the Island for the Hill Climb’ before dealing with safety measures on a main road where there have been serious and sometimes fatal accidents is regarded by Rushen Parish Commissioners at the very least to be a serious error in prioritising essential work which could save people’s lives.                                                                                                                                                        We were told several years ago by DOI that a fatal accident costs government departments in excess of £1,000,000. How much more does it cost when a person is badly injured with life changing injuries maybe requiring a lifetime of care by DHSS; where a person is air-ambulanced to the UK; that person requiring treatment for months in a UK hospital and subsequent ongoing care – maybe forever?   Compare that cost to the cost of putting down a stretch of shell surface and other safety measures on the part of the road where most of the accidents occur and there is no doubt there would be cost savings but of even greater importance it would save lives – the human element should be of paramount importance and surmount any quibbles over ‘budgetary constraints.’                                                                            If DOI really can’t prioritise and organise this work to be carried out within the next two months then Rushen Parish Commissioners must insist that, for safety reasons, speed limits and signs are introduced to this road, even if they are temporary and this work should be carried out as a matter of utmost urgency. If nothing is done and there is another serious or fatal accident there who is going to explain to the families why nothing has been done.                                  Rushen Parish Commissioners urge you to give immediate consideration to their request and they look forward to hearing from you shortly to that effect.                                                          Yours sincerely. Gillian Kelly (Mrs) Clerk  cc. J Robinson, Director of Highways, Hon. P Gawne, Minister, DOI”

    A reply had been received from Ms Hawley 6th Sept. :-

    Shore Road Accidents.                                                                                                                              Thank you for your letter dated 29th August, received on 5th September in connection with the above.                                                                                                                                                           I note the comments of your Commissioners and can only reiterate what has already been stated that two different schemes along Shore Road have been scheduled into the Highway and Structures Programme, the first of which is to commence November of this year.                                                                                                                          The Department appreciates that any road incident is a sensitive topic, especially to those parties involved; however, the Department has to prioritise what schemes are to be undertaken on evidence based information. This involves gathering accident data, speed data and also takes into account the condition of the roads. For information, the condition of the road surface in question has not been highlighted as inadequate both by police accident reports and the recent scrim tester (skid resistance) machine.                                                                                       Therefore, from all the evidence, we can eliminate anomalies, which no engineering scheme could address, such as animals not being under control, drivers under the influence, or driving without due care and consideration. The data we can act upon is then assessed and categorized accordingly, hence why Shore Road has been included into our programme but is not as critical as other roads on the Island.                                                                                                                            It is for the reasons highlighted above that the Department will be continuing with its current Highway and Structures Programme.     Andrea Hawley, Traffic & Transportation Technician.”

    It was noted that another accident had occurred in recent days, evidenced by yet another hole in the wall. Members felt that there must be some way to make drivers slow down such as speed limits and marks on the road. The Clerk was to ask at the Traffic Liaison Meeting the following day for the latest statistics with regard to the accidents, speed, reasons for accident, etc, etc.

    1. g) Police Neighbourhood Watch for the Ballafesson area – Mr Young.   The Clerk was to ask at the next Meeting why they seemed to be reluctant to help residents.

    Mr Young and Mr Radcliffe were also concerned about alleged drug dealing in Ballafesson and this was also to be mentioned at the meeting. Mr Young was to ask the Community Police Officer if he could attend the next RPC Meeting.

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

    Stickers for dog and litter bins. The sample was too big and was to be redesigned with the wording able to be cut off for certain purposes.

    Picnic area – litter bins:- No problems at present.

    1. i) Playing field, Howe Car Park. The hedge in the car park would be cut back by Mr Booth.
    2. j) Web Site Mr Pilling was keeping this updated.
    3. k) Southern Civic Amenity Site  (Southern Recycling Centre)

    Mr Pilling had attended the last meeting and reported that the Board were looking at ways to improve the Site. They have gone as far as they can regarding savings. There were problems as to how the Site was laid out especially comparing it to the other more recently constructed or refurbished sites in other parts of the Island. They were eager to move away from the previous somewhat ‘secret society’ attitude which had prevailed at times. Their Clerk was to produce a set of reports for the representatives to give to their Boards. There was a real need to take the Amenity Site forwards to secure its future.

    1. l) Municipal Association

    Mr Gunn indicated that the next meeting would be later in the month.

    1. m) Southern Swimming Pool Authority

    Mr Radcliffe reported that, at last, the new cover was on the pool, after the wrong size had been sent. Even after such a short time it was already making noticeable savings in energy costs.

    1. n) Marashen Crescent Elderly Persons Housing Authority                                                Mr Radcliffe had attended the meeting which had been held late that afternoon. He said that the waiting list had shrunk considerably due to the new qualifying criteria introduced by the DHS – Housing. There were only approximately 10 people on the list.
    2. o) Southern Healthcare Committee  Mr Pilling said that there was nothing further on this.
    3. p) Rushen Ambulance   The AGM had been held on 5th September . Report from Mr Pilling. This was discussed in Private Session.
    4. p) Manx National Heritage  
    5. i)   Meayll Hill – dog fouling (dogs and trial bikes).                                                                                 ii) The Sound. – dog fouling.   Suggested dog bin.

    Dog fouling and Trial bikes on Meayll Hill.    RPC’s Chairman has sent a reply to Mr Southworth’s letter wherein he had replied to RPC’s concerns about reported dog fouling and trial bikes:- The letter had been acknowledged by Mr Southworth’s Secretary and a reply was awaited but not yet received. The Clerk hadn’t been notified by MNH whether or not a dog bin had been put at the Sound by them so that she could arrange for it to be emptied.

    1. q) Risk Assessment  Health and Safety.
    2. r) Grass Cutting : This has been carried out as usual.

    Weeds – the second spray had been done. The Clerk had also asked Dandara to dig out the weeds which were in the gutter from the estate to the Church – due to all the mud coming of the lorry wheels when they were taking the hundreds of tonnes of soil up to Ballakilley meadow.

    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.

    This would be discussed once there was a full Board and the Chairman had returned.

    1. v) Notice Board. The Clerk to enquire from the relevant Departments if permission could be given for RPC to erect a new notice board.
    2. w) Flooding and Wave Overtopping and Shore Road.

    Letter from a resident regarding an incident where a lady had become unable to get off the beach because access via the slipways was cut off by the tide and she couldn’t negotiate the rocks.   The Clerk had reported this to DOI with a request to urgently put up signs warning people of the danger and had replied to the resident thanking her for pointing out this incident.

    ) Roads in poor condition. Nothing further.

    1. y) Parking at Rushen School.  No reply had been received from the Director of Education regarding RPC’s letter. This was to be taken off the agenda.
    2. aa) Derelict Properties. Nothing further.
    3. ab) Litter Once the Election was over and the new MHKs were known Mr Radcliffe would complete his draft letter ready for sending to all of them.
    4. a) Policing concerns – Mr Young.


    This can be viewed at the Office of the Commissioners by contacting the Clerk on 834501.


    1. a) Port Erin Commissioners A letter had been received from Port Erin Commissioners which was discussed in Private Session.
    2. b) Port Erin Commissioners – Carol Service. This would be held at 7pm on Thursday 15th December as St Catherine’s Church. This was noted.
    3. c) Letter from Jessica Swindells, 2 Strawberry Meadows. A copy of a letter sent to ‘the owners of Kentraugh Mansion’ had been put through the Clerk’s letterbox on 12th This was with regard to a branch which had fallen off a tree and landed on the bonnet of her car. As this was a private matter RPC would have no input.


    2. a) 16/01001. Lyndene, Ballakilpheric Road, Colby. Mr & Mrs D Mikan. Proposed extensions to provide additional living accommodation comprising new single storey sun room and new study. No objections.
    3. b) 16/01044. Shore Hotel, Shore Road, Bay ny Carrickey. Rodeo Bull Ltd. Change of use for the attic from residential to tourist accommodation (B&B).  No objections.
    4. c) 14/00632. Field 414526 Ballaman, Ballnahowe Road. (The Clerk had given members a copy of these) Cheeseden Investments Limited. Received amended plans/detail re the above PA and the Planning Officer has determined that the detail justifies that the application should be published again in the publication list 16th September. Information included is a letter from the Architects with a list – 1) Rushen Eco Energy overview; 2) Report from Manx Birdlife; 3) Additional visuals; 4) Documents prepared by Messrs Wind Power aviation Consultants Ltd. Dated 7th September 2016.

    Part of this letter says _ ‘Hedgerow immediately adjacent to proposed wind turbine compound…….. Manx Birdlife, Manx Wildlife and Manx National Heritage have expressed concerns regarding the impact that the turbine blades may have on wildlife/birds due to the close proximity of the proposal to the existing hedgerow. If necessary or preferred, the applicants would be prepared to replace the hedges on the North East and Western sides of the compound with a timber stock fence to alleviate the problem.

    “A temporary structure – an experimental pole was erected at the site of the proposed turbines on 7th May 2016 to help assess the visual impact of the development. The temporary pole is still in existence and helps identify the exact location of the proposed wind turbines within the landscape and surrounding areas (there is a photo of a very thin pole). It is relevant that the structure has been in existence for around 4 months and that there does not appear to have been any third parties complaints/objections.’”

    There had been investigations with regard to birds on part of Sound Farm and a site nearer Ballaman. Although there was no indication in the plans that the turbines could be situated on Sound Farm there was a presumption that they may be part of a further amendment in the future. This was of concern.

    There was additional planning information from Rushen Eco-Energy dated 7th September 2016 and all Members had been given a copy of this as well as the other documents. Mr Georgiou of Rushen Eco Energy had been invited to explain some of the content of the documents with regard to the turbines and also the effect they could have on the radar at the airport with regard to aircraft coming into Ronaldsway on this main route which is close to where the turbines would be erected. There was concern with regard to the closness to the main route for aircraft. There was also the possibility of the flickering of the blades affecting the radar.

    It was agreed that Rushen Commissioners’ original views should be re-iterated and additional views given on the amendments and additional information:-

    “The additional information received in September 2016 is the cause of some concern and it seems that some consideration may have been given to these turbines being located at Sound Farm. Although there is no indication on the plans and drawings of this it would seem that there have been investigations carried out regarding the numbers of birds which may be affected and Manx National Heritage have given views on this. It is presumed, therefore, that wind turbines may be located in that area under a future amendment. This would be unacceptable in this area of High Scenic Significance and it is more than likely that Manx National Heritage, who has in the past objected to communications poles, antenna and other such constructions, would strongly object to wind turbines.

    Mr Georgiou explained to the Board that the owner of Ballaman has taken great steps to ensure that his property will use as little energy as possible and the wind turbines are just another source of providing energy. Considerable reduction in energy use is, of course, to be applauded but wind turbines in this particular area are not aesthetically acceptable. Perhaps there are alternative ways of saving energy.

    Concerns are also raised with regard to aircraft safety. Helicopters fly almost daily back and forward to Ballaman and this is near the flight path for other aircraft. It is an area affected by mist and fog. Consideration by the Office of Planning has been delayed for two years because of concerns regarding the safety of aircraft flying in this vicinity and the Commissioners do not see any new information included in the additional documents which would allay their fears regarding this”.

    The Clerk would prepare the submission and circulate it before sending it to Planning.

    d) 16/00740. Former Motorlands and Nooklands Site, Shore Road, Bay ny Carrickey. Hartford Homes Ltd. Erection of three dwelling and erection of garden store to replace garage (amendment of PA 15/00739). Letter received with regard to condition 2 of the approval granted. “The use and retention of the cladding materials, samples of which were submitted, as shown in the drawing entitled Street Elevations and Site Sections (ref. 05 Rev D) would satisfy the requirements of Condition 2.”   Noted.

    1. e) 16/01049. Glendown Farm, Truggan Road. Mr Derek Cain. Steel framed agricultural building 18.5 x 9.0m for the storage of straw and farm machinery and sheep and lambs at lambing time. No objections.
    2. f) 16/01056. Glendown Farm, Truggan Road. Mr Derek Cain. Fields 411865 and 414114. Remove sod hedge between two fields to make a more practical 4.9 acre field. This has the approval of DEFA and a filling licence has been applied for.   No objections.


    2. a) 15/01389 and 15/01390/CON. Ballagawne Gatekeepers 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. Conditions include 2. The Arboricultural Report (dated 18 July 2016) and drawings nos 12 and 13 included within the report shall be adhered to in full, in particular the Arboricultural Method Statement and Recommendations detail in Sections 5 and 7 of the Report. Reason: to safeguard the areas to be landscaped and the existing trees and planting to be retained within the site. There are 3 more conditions all regarding protecting the trees.     Decision – Senior Planning Officer. Issued 7th September 2016.
    3. PLANNING REFUSALS   none.
    5. a) 12/07409/DEX. The Retreat, Surby Road, Ballafesson. Mr Paul and Mrs Jane Kneen. Proposed alterations and extension to include ground floor sunroom and utility and first floor bedroom extension with dressing room. Installation of wood burning stove.                           Issued 30th August 2016.
    6. b) 15/07172/DOM. New dwelling, field 411029 Ballafesson. Mr Mathew Astall.   Proposed new residential dwelling.     Issued 2nd September 2016.
    7. PLANNING APPEALS       none.
    10. DATE OF NEXT MEETING   Wednesday 19th October 2016.

    As there was no further business for the public meeting this closed at 9.45pm and went into private session.