• Minutes of 19 April 2017 Meeting

    May 28th, 2017 by Stan Pilling in General News ·Meeting Minutes

                                           RUSHEN PARISH COMMISSIONERS

    Meeting held 7pm Wednesday 19th April 2017, Ballafesson Hall.


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

    1. MINUTES The Minutes of the Meeting Wednesday 22nd March 2017, having previously been circulated, were taken as read. Mr Radcliffe proposed, seconded by Mr Pilling that these were a true record and all agreed they should be approved for signing.

    2. a) DoI/Local Authority Issues:-

    Local Authorities; Waste Management and other such topics:-

    1.Political WWG. There was a Political Waste Working Group meeting on the evening of Wednesday 12th April. As this was when the Interviews for the position of new Clerk were held there was no representative from Rushen there. The Clerk pointed out again that each Local Authority needed to send a representative to these Meetings.   Mr Pilling volunteered to be RPC’s representative and this was approved. The Clerk was to inform the Manager of Waste Management.

    Officer Waste Working Group – Information received and forwarded to all. The Clerk pointed out that Bring Banks were part of the discussion. ‘The DOI needs agreement, probably via a Memorandum of Understanding with those LAs who want to continue with Bring Bank. This will allow the DOI to evaluate the economics and logistics of continuing to offer the BBs.’

    The next OWWG meeting to be on 11th May at 10.30 at Ballacottier. The Clerk was to attend

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

    3) Freedom of Information

    Training Sessions had taken place on 3rd April at the Barool Suite – 9.30am or 11.30am Messrs Vernon and Pilling and Mrs Kelly, the Clerk, attended. Various information had been received. Training sessions would be ongoing.

    4) Members’ Declaration of Interests Record Book. No new entries.

    1. b) Ballakilley Land
    2. i) Rushen Recreational Area. Mr Vernon had drafted a letter which he would like to put in the local papers regarding Ballakilley and giving information on the position RPC were in at present. However, Members did not agree with this but Mr Radcliffe suggested that it be held in reserve.
    3. ii) Southern Nomads. –  private session

    iii) Possible dog walking/exercise area. This to be discussed further.

    1. iv) Rushen Burial Ground Authority
    2. iv) Church Field  The Clerk had written to Mr Blake the contractor who had constructed the extension and asked him to put some hardcore in the gateway as the large vehicles had affected this and it was to be used as a Park and Ride by the Port Erin Traders at their Easter Event. He had done so.
    3. v) Dandara – access to their compound. Mr Thomas has been in touch again with regard to the access.  Licence – to be signed?
    4. c) Waste Management, Refuse Collection, Roads, Gullies and Hedges .

    Jones Services Ltd.  No problems at present.

    Southlands. No problems at present.

    Road Sweeping & Gullies – 31st March was year end of current year of contract and all work has been carried out. Balance of payment due.

    Pavement from Ballachurry to Ballakillowey roundabout. At present this hedge was full of flowers. Further action to be taken when they had died down.

    1. d) Lighting:

    MUA – New Contract for lighting to be signed and returned.

    The Clerk had provided Members with copies of the relevant pages. Pricing Schedule – from 1st April 2017 energy will be 15.25 pence per unit, plus any fuel cost adjustment. There is no standing charge applied to unmetered street lighting connections.

    The Maintenance charge per lamp, per 3 month period shall be £7.00 per installation. The maintenance charge per clock, per 3 month period shall be £2.20 per installation.                           RPC have 21 clocks at £2.20; 156 lights at £7. Total £1,138.20 + vat.

    The rates for additional works also included showing the prices for columns with standard and LED fittings. Also – cost to paint a column is £70. The new electricity service connection charge is currently £720.

    LED lights and maintenance costs. The Clerk was to contact MUA regarding the quarterly cost for maintaining the lights now that RPC were increasing the number of lights which are LED. These would be not only still under guarantee but reportedly low maintenance. It was the feeling of the Board that the Maintenance charge should be reduced.

    All of this information was noted and it was agreed that the Contract should be signed and returned.

    Bus Shelter – The Level. An email has been received from MUA re cost of electricity connection – £1,518 + vat. Fwd 11/4. Members discussed this and agreed that they could not justify spending such a large amount on lighting the bus shelter. MUA were to be informed as was Mr Les Cannan of Bus Vannin.

    1. f) Traffic & DoI Highways.

    Shore Road – no further work had been carried out since the chevron signs were installed.

    Junction at Honna Road and Surby and also Ballachurry Corner. No painting had been done yet and the Clerk was to contact Highways to ask when this would be carried out.

    1. g) Police: Report of the meeting held 7th Feb received. The next meeting would be on 25th April at PSM Commissioners’ Boardroom.

    Mr Young said that there were children making a nuisance of themselves around Ballafesson and he asked that the Police be requested to patrol the area regularly. He also pointed out that an old trampoline had been left in the garden of the house nearest to the play area by a former tenant. The house was empty and the children were playing on the trampoline. He was afraid that one of them may be injured. The Clerk was to ask the Police to patrol the area and for them to contact DHSC regarding the danger posed by the trampoline left on their premises.

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

    Dog fouling

    Bylaws re dog fouling.      Mr Young had the relevant information regarding bye-laws. The Clerk had provided a copy of Arbory’s Bye laws and a model set of bye laws provided by LGU and previously Malew’s bye laws. The various areas of open land in the Parish were discussed for inclusion in the bye-laws, the playing field, Ballakilley, Ballakillowey picnic area. The land around the Sound Café was proposed but the Clerk said that MNH would probably have their own regulations regarding all of their land but didn’t know if this included dog bye laws. She would contact them to find out. Mr Young undertook to draft a set of bye laws for the Board to consider.   Public consultation would be required.

    CCTV – Mr Vernon was to ask the person he had contacted about cameras what the legislation covered.

    Dog bin – Mr Young had been unable to find a suitable pole in the Mill Road and Garth Avenue area to put another dog bin. It was agreed that the cul de sac on Garth Avenue may be suitable and it was to be checked to see if a pole could be put there.

    DNA Testing of Dogs – Proposed Amendment to the Dogs (Amendment) Bill Nothing further at present.

    Litter – Mr Radcliffe offered to arrange a meeting between RPC, Juan Watterson MHK, Laurence Skelly MHK and Bill Dale of Beach buddies and possibly others. This would be on an evening separate from the monthly meeting.

    1. i) Playing field nothing further at present.
    2. j) Web Site Mr Young said he had a template website and he needed to know what should be included.
    3. k) Southern Civic Amenity Site  (Southern Recycling Centre)  Information from their Clerk re opening hours which had been revised following complaints from users.   The Site to be open to the public;- daily from 9am to 4pm but would be closed on Public Holidays. “These longer opening hours will be funded by contingencies and funds allocated for operational improvements.” This was noted.

    Mr Pilling said the next meeting would be on the following evening – Thursday.

    1. l) Municipal Association  Mr Gunn reported that the last meeting had been very short. He would not be able to attend the April Meeting as he would be off-Island.

    Information had been received re the AGM 25th May at Ballacregga Restaurant and Salmon Centre in Laxey. £18 per head. Numbers and payment by 12th May.                   

    1. m) Southern Swimming Pool Authority  Mr Radcliffe said there was nothing to report and the next meeting would be the following Thursday evening.
    2. n) Marashen Crescent Elderly Persons Housing Authority. Mr Radcliffe reported that there had been no meetings for a few weeks but they were due to meet with the newly formed Residents Committee.
    3. o) Southern Healthcare Committee Mr Pilling reported that the meeting which should have been held at the end of March had not taken place.
    4. p) Manx National Heritage  

    The Sound. – dog fouling.   RPC’s dog bin was being used. No further complaints to RPC re litter and dog fouling.

    Sound Café and Cregneash Café. The new tenants were in place. The Clerk had spoken to them with regard to refuse collection and the invoicing would be quarterly.

    1. q) Risk Assessment  Health and Safety. Mr Edwin, who had retired from this, has suggested others who do this work. As there was no urgency in this it was to be left until the new Clerk was in place.
    2. r) Grass Cutting : This was now ongoing.
    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) Parking Area at rear of Reart y Cronk. Sign not ordered yet.
    5. v) Port Erin Traders. Easter Event. Park and Ride using the Church Field.  They had used the new car park for the burial ground and kept the field for overflow parking. They hadn’t required to use it. An email of thanks had been received and also copies of emails which the organisers had circulated.
    6. aa) Stream at Qualtrough’a Lane/Fairy Hill. This was between Mr Young’s house and the DHSC’s bungalows. It was not known if it had been inspected.
    7. c) Manx Whippy. Mr Whyman had been in touch previously with regard to a Trading Licence to sell Whippy Ice Cream around the Island. The Clerk had contacted Ian Maule, Clerk to Marown who had said they had provided him with a Licence. He had replied to the Clerk’s inquiry but had omitted to ‘attach’ a copy of their Licence. The Clerk would contact him again.


    This can be read at the Clerk’s Office by phoning 834501.

    2. a) 1st Supplemental List 2017. Valuations added £1,110 RV. Valuations cancelled          RV £316.
    3. b) Highways (Amendment) Act 2016. This had now received Royal Assent. (fwd to all 6/4). The Clerk requested Member to pay particular attention to Part   3 and 4 (3) this was with regard to ‘a local authority may within its area, undertake the maintenance of a bridle-path, cycle-path, cycle track or footpath that is highway maintainable by the Department and, if it does, the Department may provide that the whole or part of the expenditure incurred by the local authority in doing so.      To be noted – the word ‘may’ i.e. the LAs may do the work but the Department may not pay anything.   Rushen has a lot of public footpaths – unlike Villages such as Port St Mary or Port Erin who have hardly any. The Clerk reminded Members that when this was out for consultation RPC voiced their concerns about the expense and work they (and other rural LAs) would incur. There was also a part in the consultation whereby the Department could tell LAs how many lights they should put up and where. This didn’t seem to be in the final version.
    4. c) Resident of Port Erin. ‘Street lighting: ‘all Island upgrade circa 14 years ago’ The resident had sent an email with a two and a half page attachment stating his concerns regarding lighting on Ballafesson Road and the lack of it on Shore Road (the part where there is housing). He seemed confused regarding some aspect of lighting. The Clerk had acknowledged his email with a short explanation regarding lighting and assured him that his concerns would be brought up at the next meeting. She had forwarded his email to all Members on 30th March and her reply. She had not had any further communication from him but should he get in contact again she was to reply using the letter which Mr Pilling had drafted.
    5. d) Local Authority Capital Schemes. Letter from Paul Slinger, Director of Projects at the Project Management Unit. ‘Following the retirement of the Director of Estates Shared Services on 31st March 2017, the Housing and Estates Shared Service Divisions of the Department of Infrastructure have been merged to form the “Public Estates and Housing Division”. The creation of this new Division has incorporated a degree of restructuring resulting in a new Project Unit within the Division being given responsibility for Local Authorities in relation to guidance, liaison and the petitioning process with Local Authorities for Capital Schemes. As the lead officer for the Unit I wanted to let you know that you key contact officer, Gerry McGarvey remains the key point of contact for your capital programme and you will continue to receive the same advice and support as previously given within the Housing Division.’

    Also – from Debbie Reeve, Director of Public Estates and Housing Division: she is pointing out the merger – operationally the change will bring together over 400 staff with wide-ranging property knowledge which will be used to improve the way we deliver our services to you and the public……………….This change will take effect from Monday 3rd April 2017.

    These were both noted.

    1. e) Register of Isle of Man War Memorials. Email from Caroline Mallon, Cabinet Office (fwd 5/4) with a Register of all the War Memorials on the Island. She ask if “any of the war memorial listed under your responsibility are not correct; if there are memorials that fall under your responsibility not on the register;  if a memorial is incorrectly listed under another organisation that should fall under your responsibility. Response by Friday 21st Members were in agreement with regard to the responsible bodies.
    2. f) Parking of Motorhomes and Caravans. Letter from Tim Cowin, Head of Highway and Asset Management, DOI. The Department is holding a review of parking provision for motorhomes and caravans. He is looking to update their records of – i) car parks within your area which are owned /operated by the Commissioners and ii) privately-owned car parks of which you are aware in your area.   – which are available for use by motorhomes and caravans.   A list of sites will suffice – if possible by the end of this month.                              The Howe Car Park was the only one owned by Rushen Commissioners and this was for use by the residents of the area who didn’t have any off-street parking. Some mobile homes owned by them were parked in it.
    3. g) Tynwald Garden Party 2017. Letter from Kirree Ronan, Head of Tynwald Administration. The Tynwald Garden Party, hosted by the President and Members of Tynwald will be held on Sunday 2nd July at Government House in the presence of His Excellency the Lieutenant Governor, Sir Richard Gozney KCMG CVO, and Lady Gozney. “It has been customary in recent years to invite all Local Authorities to nominate a representative to receive an invitation. However, due to the change of venue a reduced number of guests can be accommodated. Therefore a small number of Local Authorities will be invited each year on a rota basis…The authorities on the rota this year are Castletown, Douglas, Garff, German and Jurby.       Noted.
    4. h) Isle of Man Cyclefest – 12 to 14th May 2017. Letter received with information. Details of road closures and restrictions can be found at iomcyclefest/road-closure/.   Their website is www.iomcyclefest.com.     Noted.
    5. i) Civic Service – Douglas Corporation. Prior notice that their Civic Service would be on Sunday 11th June at St George’s church at 10.30am.   Noted.
    6. j) The Thousla Cross. Letter from Ronnie Broadbent saying that he had carried out it’s annual makeover and looks good ready for Easter.   He enclosed the advice note from Qualtroughs for the materials.   A letter of thanks to be sent to him.


    2. a) 17/00204. 1 Strawberry Fields, Croit E Caley. Mr J Roy and Mrs A Shuttleworth. Alterations and extension to property.   No objections.
    3. b) 17/00401. NATS Isle of Man DVOR Site, Spanish Head. National Air Traffic Services (NATS). Installation of staircase and other associated works.  No objections.
    4. c) 17/00394. Clybane, Mount Gawne Road. Mr P and Mrs K Jenkins. Erection of replacement dwelling. No objections.
    5. d) 17/00280. Cronk Beg, Howe Road. Mr & Mrs P Buck. Replacement of existing porch.   No objections.
    7. a) 17/00143. Thie Grianagh, Honna Road, Surby. Mr Cameron Smith. Erection of rear extension.   Decision – Senior Planning Officer. Issued 30th March 2017.
    8. b) 17/00216. 4 Carnane View, Ballakilley Estate, Church Road. Dandara Homes Ltd. Erection of dwelling (amendment to dwelling approved under PA 15/01308). Condition include: 2. Notwithstanding the provisions of the Town and Country Planning Order… no extension, enlargement or other alteration of the dwelling hereby approved, other than that expressly authorised by this approval shall be carried out without the prior written approval of the Department. Reason: To control development in the interest of the amenities of the surrounding area.   Decision – Senior Planning Officer.   Issued 31st March 2017.
    9. c) 17/00205. Friary Croft, Ballakillowey Road. Mr A Preston. Erection of agricultural shed. Conditions include –   3. The building must be finished in dark green sheeting unless otherwise approved by the Department.     4. The building must be used only for agricultural purposes.     Decision – Director of Planning. Issued 12th April 2017.
    10. d) 12/00204. 1 Strawberry Fields, Croit E Caley. Mr J Roy and Mrs A Shuttleworth. Alterations and extension to property.                          Decision – Senior Planning Officer. Issued 13th April 2017.


    1. a) 14/00632/B. Field 414526 Ballaman, Ballnahowe. Cheeseden Investments Ltd. Erection of 3 10kw wind turbines.  Reasons: 1. It has not been demonstrated that the installation will not adversely affect the operation of the Isle of Man Airport with a resultant potential significant harm to aircraft safety, contrary to Transport Policy 10 of the Strategic Plan.   2. The visual impact would be so harmful on the surrounding environment, from Port Erin and its surrounding hinterland and particularly as viewed from the coastal footpath and the higher perspective from the Mull Circle as not to be outweighed by the environmental benefits of the scheme and would therefore be contrary to Environment Policies 1 and 2 and General Policy 3 all of the Strategic Plan and Landscape Proposal 10 of the Area Plan for the South.  The Decision was made by the Planning Committee.

    Mr Gunn has spoken for RPC at the Planning Committee Meeting opposing the application. Mr Vernon and Mrs Kelly, Clerk, had also attended.

    2. a) 14/07516/MUL. Plot 93 land at Ballakilley, Church Road. Heritage Homes. Erection of 3 bed semi-detached dwelling with single garage ‘Keppel 2014’ House Type.                   Issued 21st March 2017.
    3. b) 14/07513/MUL. Plot 96 land at Ballakilley, Church Road. Heritage Homes. Erection of 3 bed detached dwelling ‘Spruce 2014’ House Type.   Issued 27th March 2017.
    4. c) 10/07668. Summer Rods, Qualtroughs Lane, Ballafesson. Mr M Berry. Demolition of Garage and erection of 2 storey extension to the north elevation incorporating garage and first floor bedroom and bathroom.     Issued 5th April 2017.
    7. a) Demolition Order – Kilravock, Shore Road, Bay ny Carrickey. Mr D Corrin. Demolition of property and garage as per planning application 16/01160.  Any comments must be submitted no later than 24th April 2017.  No comments to be made.
    8. b) 16/00740. Former Motorland and Nooklands Site, Shore Road, Bay ny Carrickey. Erection of three dwellings and erection of garden store to replace garage (amendment of PA 15/00739). Copy of letter from Deputy Head of Technical and Customer Support had been received – ‘I can advise you that under the authority delegated by the Department, a Senior Planner approved the amended details shown in the drawing numbered 05 Rev b, received 17th March 2017 as they relate solely to plots 1 and 2. The details contained therein were deemed to satisfy the requirements of Condition 2 of the above approval.’   Noted.
    9. ANY OTHER BUSINESS.   None.
    10. DATE OF NEXT MEETING   This would be the AGM and usually held at the beginning of the month. As the Chairman would not be back until 11th May it was to be held on 17th.  

    As there was no further business for the Public Session the Board went in Private Session at 8.55pm.