• Minutes of the 22 March 2017 Meeting

    April 27th, 2017 by Stan Pilling in General News ·Meeting Minutes

                                             RUSHEN PARISH COMMISSIONERS

    Meeting held7pm Wednesday 22nd March 2017, Ballafesson Hall.


    The Meeting commenced at 7.05pm

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

    The Clerk, Mrs G Kelly was in attendance.

    1. MINUTES The Minutes of the Meeting Wednesday 15th February 2017, having previously been circulated, were taken as read. Mr Pilling proposed, Mr Radcliffe seconded and all agreed that the Minutes were correct and should be signed.
    3. a) DoI/Local Authority Issues:-

    Local Authorities; Waste Management and other such topics:-

    1.Political WWG.  Mr Radcliffe had been unaware that he had been named as the political representative for Rushen to attend these meetings now that the WWG had agreed that each Local authority should have a representative. He therefore had not attended the Political WWG meeting.

    Officer Waste Working Group – Information received and forwarded to all.

    Letter to Minister Harmer. Acknowledged but still no reply. As it would seem that Mr Harmer did not intend to reply to the letter it was to be taken off the Agenda.

    2) All Island Clerks Forum.   The next meeting to be held on 4th May in Ramsey Commissioners’ Office.

    3) Freedom of Information                                                                                                 email from LGU fwd 22/2. This informs that from 1st January 2018 freedom of information requests can be made directly to each of the authorities and need to be responded to in accordance with the Act.   However, LA joint boards and committees will not become public authorities for the purpose of Freedom of Information at the same time – this is being deferred until such time as the impact of the phased introduction of the Act on Local Authorities can be assessed following real time experience.

    Email from Elizabeth Keefe, Freedom of Information Team at the Cabinet Office. Fwd 7/3/17. Consultation – Freedom of Information Schedule 1.  …. A policy was agreed that the Act would be introduced on the Isle of Man on a phased basis. This phased basis is subject to statutory consultation but was agreed in principle that Local Authorities would become subject to the Act from 1 January 2018 and the Council of Ministers remains committed to this timescale. The Cabinet Office has been engaging with Local Authorities, facilitated by the Department of Infrastructure, to raise awareness of the provisions of and the obligations under the Act. The Cabinet Office will also make available any relevant training and materials to assist Local Authorities to prepare. Two free training sessions will be held during November 2017 and will be available to members of Local Authorities and staff, invitations to follow in due course. Training will provide more in depth knowledge as to the exact information that is held for the purposes of the Act and the application of exemptions.

    The purpose of the Consultation – The Act requires that prior to any public authorities being listed in Schedule 1, the Council of Ministers must consult every person to whom the Order relates, or appearing to the Council of Ministers to represent such a person. Your comments are invited on the proposal for your Local Authority to be subject to FOI from 1st January 2018. Comments by 18th April 2017. The Clerk to reply that RPC had no objections.

    Training Sessions – 3rd April at the Barrule Suite – 9.30am or 11.30am Messrs Vernon and Pilling and Mrs Kelly, the Clerk to attend.

    4) Members’ Declaration of Interests Record Book. There were no new entries.

    1. b) Ballakilley Land
    2. i) Rushen Recreational Area.  

    Meeting held on Friday 24th February at Ballafesson with representatives from Port Erin and Port St Mary invited. Mrs Guy, Mr Egee and Mr Tinkler attended for Port Erin, Mr Skelly and Mrs McCabe, Port St Mary, had been unable to attend.   The Clerk had compiled a Report on the Meeting and circulated it to all Members of Rushen and to the Clerks of Port Erin and Port St Mary. They had also been emailed to the two MHKs Mr Watterson and Mr Skelly.   No replies had been received from the Commissioners of Port Erin or Port St Mary.

    1. ii) Southern Nomads. –  

    RPC had been requested by Nomads to seek legal advice and they undertook to do so once again. Mr Vernon, Mr Gunn and the Clerk met with Mrs Merritt of Corlett Bolton, the advocate who was giving legal advice to Rushen Parish Commissioners. This meeting was held on Friday 17th February.

    The Advocates deliberations had been received and forwarded to Members on 17th March. The Clerk had asked a further questions and the reply had been received 22nd.

    This is reported in Private Session.

    iii) BMX Track/Skate park.  

    1. iv) Rushen Burial Ground Authority
    2. iv) Church Field The Clerk had sent a letter to the RBGA re the boundary and that RPC would need it in writing that they would, once the wooden fencing posts needed replacing they would do so with concrete posts on the correct boundary. A reply had now been received from Rev. Heaton – see private session.

    Car boot sales/markets. Nothing further.

    1. v) Dandara – access to their compound. Mr Thomas had been in touch with regard to the access.
    2. c) Waste Management, Refuse Collection, Roads, Gullies and Hedges .

    Jones Services Ltd.  No problems at present.

    Southlands. No problems at present.

    Road Sweeping & Gullies – Jones Services had cleared a proportion of the gullies.  They would be starting the final road sweeping very shortly, before year end.

    Pavement from Ballachurry to Ballakillowey roundabout. Alan Hardinge , Highways, who was to look into Highways carrying our this work – the Clerk had contacted him again but no reply received. She was to try to contact him by phone.

    1. d) Bring BanksThese were on hold until Waste Management decided who would be responsible for them in future.
    2. e) Lighting:                                                                                                                                Bus Shelter – The Level. Mr Piling had been talking to Mr Cannan of Bus Vannin. Mr Cannan had been contacted by MUA who wanted a trip to be provided. However, Mr Cannan informed them there was one already built into the new shelter and the supply was only 24volt. The MUA were to cut the cable and to reconnect it later.
    3. f) Traffic & DoI Highways. The Clerk had not attended the Traffic Meeting which had been held the previous week.

    Shore Road –

    Junction at Honna Road and Surby and also Ballachurry Corner. The white ‘give way’ lines. The Clerk to speak to Mr Hardinge about this.

    1. g) Police: Mr Young reported that he had spoken with Sgt. Shimmin when he attended the Arbory civic Service.
    2. h) Dog bins; fouling; Litter bins; Beach Cleans;

    Beach cleans – Beach Buddies were continuing clearing beaches in various parts of the Island.

    Dog fouling

    Byelaws re dog fouling. Mr Young had contacted the Local Government Unit Manager direct with regard to this. Mr Willoughby had sent him some information. The introduction of bye-laws was discussed and all agreed that these should be implemented. Mr Young was to     draw up a list of problem areas in the whole of the Parish. He was also to identify a pole in the vicinity of Mill Road, which he had already identified, so that a dog bin could be put there.

    DNA Testing of Dogs – Proposed Amendment to the Dogs (Amendment) Bill. Letter received from Richard Lole, CEO at DEFA. fwd 15/3. DEFA, following consultation, is currently progressing amendments to the Dogs Act 1990 to introduce compulsory micro-chipping of all dogs on the Island to replace the current licensing system……….. The Department is now assessing the effectiveness of the current measures in reducing the presence of dog faeces throughout the Island. In so doing, the Department is considering introducing DNA testing of dogs as a method of reducing further the levels of dog fouling.   The broad concept for the system is that it would be compulsory for all dogs to be DNA tested and entered on the database in addition to details of the dog’s owner at the time of testing. In the event of a subsequent finding of dog faeces a Local Authority enforcement officer would collect a DNA sample from the dog faeces and send it to a designated laboratory for comparison against the DNA profiles held in the database……………….(from ‘other key features’) d) The offence would be subject to a fixed penalty notice of £100. The penalty would be retained by the enforcing authority to help defray costs; e) The cost of testing any excrement collected would be met by the enforcing authority (Local Authority) and is estimated at £70 per sample.

    Questions for reply by 14th April:                                                               

    1, Does your Authority consider dog fouling to be an issue in your area?   A. Yes.

    1. Are the current byelaws to control dog fouling in your area effective?     A. No – Rushen do not have bye-laws
    2. Would your Authority be in favour of a Dog DNA Profiling scheme enforced by the local authority?                   A. YES – if reasonable
    3. Would your authority be prepared to commit the necessary resources (funded through the rates as necessary) to actively pursue the identification of offending dog owners through DNA testing?       A. YES, providing it would not be too costly.

    Litter – Mr Radcliffe would consider the next step to be taken.

    1. i) Playing field, Howe Car Park. This work had now been completed. Leeces had sent the invoice to Zurich but the VAT element to be paid by RPC – an invoice received. This could now be removed from the agenda.
    2. j) Web Site nothing further.
    3. k) Southern Civic Amenity Site  (Southern Recycling Centre)  A letter had been received from the Clerk of the SCAS with regard to the new opening hours, including being closed on Mondays and the same hours all year round. Their next meeting would be the following Thursday evening.
    4. l) Municipal Association  Mr Gunn and Mr Pilling attended the training evening at Sulby re Planning devolution. Giving first-stage planning to Local Authorities was discussed. Enforcement would be part of the initial review of the planning system, in which all the Members and Clerks may take part. Mr Gunn and Mr Pilling were of the opinion that the evening had been a useful exercise.
    5. m) Southern Swimming Pool Authority  Mr Radcliffe said there was nothing much to report except for Private Session.
    6. n) Marashen Crescent Elderly Persons Housing Authority. Mr Radcliffe reported that some of the residents of Marashen Crescent had formed a Residents Association. With regard to the wood-burning boiler it was hoped it would soon be in use again .
    7. o) Southern Healthcare Committee Mr Pilling said that the next meeting would be at the end of March.
    8. p) Manx National Heritage  

    The Sound. – dog fouling.   RPC’s dog bin was being used.

    Sound Café and Cregneash Café. The Clerk had been in touch with the new tenants. The café was open but they were still putting the finishing touches to the refurbishment. They asked for a collection of the packaging – which she had organised.

    1. q) Risk Assessment  Health and Safety. The completed and updated Risk Assessment to Mr Edwin for him to complete and return for signing.   This had been done and returned. Mr Edwin said that, due to his health problems, he had to retire and a new Risk Consultant would be required. The Clerk would contact Arbory Commissioners as they also had Mr Edwin, to see if they had anyone in mind to replace him.
    2. r) Grass Cutting : The Clerk had asked Mr Booth to clear the first few yards of the stream at Carrick Bay View public footpath – this was to keep the entrance to the culvert under the road clear. Most of the growth had been on RPC’s side of the stream.
    3. s) Port Erin Commissioners – boundary extension proposed by them to take part of Ballakilley residential development.  Nothing further from the LGU since their last letter.
    4. t) Notice Board. A more suitable one had not been found yet.
    5. u) Parking Area at rear of Reart y Cronk. .
    6. v) Port Erin Traders. Easter Event. Park and Ride using the Church Field.
    7. w) Attendance Allowance. Nothing further from LGU re ‘preparation’ allowances.
    8. x) Hedges and overhanging trees; Nothing further from Les Cannan or Bus Vannin. He had been informed by Mr Pilling that this was not the responsibility of Local Authorities. To be taken off the Agenda.
    9. y) Office Mr Young had asked for this to be put back on the Agenda. This may be irrelevant depending upon who the new Clerk would be.  Nothing further at present.
    10. z) Mona’s Queen III Anchor Memorial Service. Invitation from Port St Mary Commissioners to the Chairman and Guest. This would be held on Monday 29th May at 2pm at Kallow Point. Mr Gunn had confirmed that he would attend.
    11. aa) Stream at Qualtrough’a Lane/Fairy Hill. (Mr Young asked if something could be done about the stream which runs alongside his garden and the DCS bungalows next door.)  The Clerk had contacted the Officer who Mr Young had originally been in touch with and forwarded the replies to him. They had inspected it again and found that the bank on their side was starting to collapse.     Mr Young declared an interest and took no part in this discussion.


    This information can be read at the Clerk’s Office by prior arrangement,

    2. a) 1st Supplemental List 2017. This included 6 at Ballakilley – 5 Ballakilley Road, 21, 21a, 22, 23, 24 Fleshwick Close .
    3. b) consultation Office of Fair Trading: Estate Agents and Property Agents. Fwd 10/3/17. They were seeking to make changes to the legislation relating to Estate Agents and Property Agents.   This was noted.
    4. c) Mr Whippy. Mr Whyman had been in touch with regard to a Trading Licence to sell Whippy Ice Cream around the Island. The Clerk had a copy of the Pedlars and Street Traders Bill 1906. Fwd to all. She had been in touch with some other Clerks to see what they did about this.
    5. d) Annual Rushen Heritage Trust Presentation Supper. Information received for the Clerk, Chairman and Vice Chairman and guest to attend Tuesday 11th Tickets £10
    6. e) Erin Arts Centre – Barbirolli International Oboe Festival & Competition. Invitation to a representative from RPC to attend a Welcome Reception 1st April 5pm at the Cherry Orchard.



    1. a) 14/00632/B. Field 414526 Ballaman, Ballnahowe. Cheeseden Investments Ltd. Erection of 3 10kw wind turbines. AMENDMENT.     They had proposed moving the 3 turbines into a row rather than a triangle. There was also a document from Huckle Ecology Ltd – an Ecological Mitigation Strategy – mainly to do with mitigating the danger posed by the blades to the red beaked choughs.   The Clerk had submitted views by the deadline of 17th
    2. b) 17/00204. 1 Strawberry Fields, Croit e Caley. Mr & Mrs Shuttleworth. Extension to the rear of the property with second storey one end for an en-suite to an existing bedroom. New circular window in gable end on the right and new window below for existing bedroom. No objections.
    3. c) 17/00205. Field 414322 Friary Croft, Ballakillowey. Mr A Preston. Erection of shed for lambing and storage of agricultural vehicles, implements, feed, hay and straw.                            No objections
    4. d) 17/00263. 2 Carnane View )plot 167) Ballakilley Estate, Church Road. Dandara Homes Ltd. AMENDMENT to approved 15/01308. The amendment is a single storey sunroom added to the rear elevation. No objections.
    5. e) 17/00216. 4 Carnane View (plot 145) Ballakilley Estate, Church Road. Dandara Homes Ltd. AMENDMENTS to approved dwelling with a sunroom added to the rear elevation and the garage replaced by living accommodation (a bedroom). The internal layout at first floor level is altered to replace a bedroom with an en suite bathroom. The two previously approved external car parking spaces are to be retained.   No Objections.
    6. f) 17/00280. Cronk Beg, The Howe. Mr & Mrs G Buck. Replacement of existing porch with sun lounge.     No objections.
    7. g) 17/00311. Surby Mount, Surby Road, Surby. Mr & Mrs P Kneen. Conversion of outbuildings and garage into tourist and residential accommodation with associated parking.   No objections.


    2. a) 17/00024/B. Plot 9 Bradda View Grove, Bradda View, Ballakillowey. Hartford Homes. Erection of detached dwelling with integral garage. Conditions include – 2. Prior to the occupation of the dwelling the garage, car parking and manoeuvring areas shall be provided and remain free from obstruction.   3. Prior to the occupation of the dwelling the road and footway/footpath between the highway and dwelling shall be constructed to at least base course level.   Decision – Planning Committee. Issued 21st February 2017.
    3. b) 17/00036/B. 15 Odins Way, Ballakillowey. Mr D Slack. Erection of front porch and front window alteration.   Decision – Director of Planning. Issued 22nd February 2017.
    4. c) 17/00063/B. The Old Vicarage, Barracks Road. Mr and Mrs A Dixon. Replacement of existing single storey wing with two storey wing (comprising amendments to PA 15/00808/B). Conditions include:   2. The new accommodation created as an extension to the main house may be used only as an extension of the accommodation available in the main house and may not be sold or let separate therefrom. Reason: the site is within an area not designated for development and the creation of a self-contained unit would be contrary to that principle. Decision – Director of Planning. Issued 1st March 2017.
    7. a) 06/07511/DEX. Ballafesson Farm, Qualtroughs Lane, Ballafesson. Mr & Mrs D Radcliffe. Alterations, conversion of garage to provide additional living accommodation and erection of a first floor extension.
    8. PLANNING APPEALS       none
    10. ANY OTHER BUSINESS.    None.
    11. DATE OF NEXT MEETING   19th April 2017

    As there was no further business for public session the meeting went into private session at 9.50pm