Meeting held 7pm Wednesday 20^th March 2013 at Ballafesson Hall.

MINUTES.

Present:  Mr P Vernon (Chairman), Mr P Gunn (Vice-Chairman), Mr D Radcliffe,              Mr S Pilling.  Mr D Cain arrived at 7 30pm.

Mr Dion Meechan from Honna Road had attended to speak prior to the meeting regarding Ballafesson Playing Field and the lack of facilities for young people in the South.  His emails had been circulated to all Members. He was particularly interested in a skate park and BMX track.  He  said that only a small amount of land was needed for a skate park – about  half of  the size of Ballafesson Playing field.  He said that the site at Bradda which had been suggested by MHKs and others was too far away for 8 year olds to go.  The cost would be substantial but there were many wealthy people on the Island, with children, and it was possibly that they could be encouraged to help out financially.  It was pointed out to him that the one I Port Erin had become a problem and had been given to Castletown although Mr Meechan said that the newer ones were now less of noisy and thus less of a problem.  Everyone thought that it would be a good idea but that Ballafesson playing field was the wrong location.  He was informed that some of the Members of ROC were meeting with Dandara on the following Friday and the provision of facilities such as BMX track and skateboard facilities would be one of the items discussed.  Mr Meechan asked if there were any other sites which Members could suggest as he thought that if the land was available he could raise the money.  Mr Radcliffe said that everyone would have a better idea after Friday’s meeting with Dandara.

Mr Cain arrived 7 30.

Mr Meechan left at 7 35pm.

1.  MINUTES

The Minutes of the Minutes held Wednesday 16^th January 2013 (which had been incomplete for the February Meeting) and the Minutes of the Meeting held Friday 22^nd February, having previously been circulated were taken as read and agreed a true record.

2.  MATTERS ARISING:

a)  DoI/Local Authority Issues

i) Review of the Scope of Government –  there was nothing further on this at the moment.

ii)  Attendance Allowance and mileage.  Letter from Local Government Unit,  as follows:-

“The issue of the current rates of allowances for Local Authority Members has been raised by one of the Island’s Authorities and we feel that this is an opportune time to consider the current rates paid for both allowances.   As you will be aware, the allowances are in place to compensate Local Authority Members for the time and service that they provide for their communities through attendance at meetings of the Authority and other outside bodies.  The current rates have not been changed since 2006 for attendance allowance and since 2001 for travel allowance.  The Department is aware of the fact that, in some Authorities, Members do not claim their allowances, or only do so in special circumstances. However. There is a maximum level that can be claimed by individual members and this would have to be paid out of the rates of the Authorities concerned.

There has been a suggesting that the attendance rates be substantially increased to reflect the levels paid for non-Tymwald Members in outside bodies such as the Work Permit Appeal Tribunal, Office of Fair Trading, Education council and others.  The rates are £78 per session as opposed to the current rate of £30 for Local Authority Members.  This is a significant difference.  In the interests of giving all Local Authorities the option to feedback on this topic, the Department asks that you seek your Members’ views on the following:

1.  Considering the attached Orders, do you feel in terms of the attendance allowance paid to members that they should:-

a)  Remain at the same level;  b)  Be increased in line with the rate of inflation since 2006; or c)  Mirror the levels paid to non-Tynwald Members (£78 per session).

In terms of the current travelling allowances that can be paid to Local Authority Members, this is reflected in the Travelling Allowance Order 2000 and therefore currently stands at       44 pence per mile for smaller engine capacity (under 1300cc) and 50 pence per mile for those over 1300cc for the first 6,000 miles and a lower amount for those distances claimed at over 6,000 miles.  This however differs from the current rates paid to Tynwald Members which is 46 pence per mile and 52 pence per mile.   I understand that this is due to be revisited in the next two months.

Therefore for the travelling allowance payments to Local Authority Members, the Department would like to know the following:-

2.  Do you feel that the travelling allowances (mileage rates) should:-

a)  Remain at the same level; or b) Be increased in line with the rate paid to Tynwald Members.

A further issue that the Department would like you to consider is whether Authorities would be in favour of allowing for different amounts of allowance to be paid either for  a) different types of meetings or b) authorities to determine their own individual level for allowances for meetings.  We would also ask for feedback on the possibility of setting a prescribed amount for each hour or part hour of a meeting up to a maximum amount.

Once we have gathered the results of this consultation the Department will review the feedback and take further action of appropriate.”                                                                            S. Willoughby, Head of Local Government Unit

Members discussed this and there were varying opinions, Mr Radcliffe and Mr Gunn feeling that the amount should remain at £30; Mr Pilling felt that the structure should be changed in that when Local Authorities are asked by Department Ministers to attend meetings then that Department should pay the attendance allowance. Mr Cain felt that it should increase with inflation. Only one Member of the present Board claimed attendance alllowance.   Mr Cain proposed that the attendance allowance should increase with the rate of inflation and this was seconded by Mr  Pilling and agreed.

With regard to the travelling allowances: Members felt that these should be in line with the rate paid to Tynwald Members.

Members did not agree with an hourly rate for attendance – it should remain as a one-off payment.

ii) Southern Local Authorities Meeting 

The meeting was held on 12^th March.  At the request of some of those attending that meeting the discussions were to be considered confidential.

Members’ Declaration of Interests.   The book was on the table for scrutiny but  there were no new entries.

b)  Southern Area Plan   -                                                                                                 Letter from Director of Planning. – Town and Country Planning (Area Plan for the south) Order 2012. “In accordance with paragraph 7 of Schedule 1 to the Town and country Planning act 1999 and following approval by Tynwald on 20^th February 2013 of the above Order, the Department of Infrastructure is now formally publishing the Area Plan for the south.  The Order comes into force on the 1^st March 2013.  For the purposes of section 5 (2) of the Town and country Planning Act 1999, the effective date of the publication of the Area Plan for the South is 1^st March 2013, and accordingly any challenge needs to be brought within 6 weeks of the date of first publication……I enclose a copy for your records.  Further copies may be obtained price £14 from the Department…     I would like to take this opportunity to thank you for getting involved in the plan process and for commenting throughout the various stages in the production of the Area Plan.

An email had been received from Juan Watterson MHK  which included a copy of a reply sent to him from Heritage Homes, written on 22^nd February (in reply to his letter of 21^st).  They agreed to meet with ‘interested parties’ and meeting with the three Rushen MHKs and Commissioners’ representatives to discuss the matter further.  The Clerk had written to Emily Curphey, Planning, as it seemed that the Developers and MHKs had already started the ‘Master Plan’ process

Mrs Curphey  replied that ‘Given that the Plan is now approved I think it is quite acceptable for the different parties to begin to arrange meetings to determine how best to implement the Plan.  In the case of the land at Ballakilley, I welcome Mr Watterson and the other Rushen MHKs taking the initiative in meeting with the promoter of the site to ensure that at the very early stages of the process their views and those of the local people are put forward and considered in the preparation of the Masterplan.  I note that his invitation was extended to include a representative from Rushen Parish Commissioners and I would recommend that this offer is accepted.  The whole purpose of the Master plan approach is to enable parties to undertake any preliminary preparatory work to inform the development of the site, in a way that takes into consideration the detailed Guidance for the sit as set out in the Brief.  The Development Brief for Ballakilley does set out clearly the matters that the Department expect the Master plan to address.  I would expect that in the preparation of the Master plan developers will be talking to numerous parties with an interest in how the site should be developed including both the Planning Office and the local Authorities.  The preparation of the Master plan is the developers responsibility and the decision to starting the process and how to undertake the preparation is for them to take.  It is not the responsibility of the Department to instigate or lead upon it. I would hope that dialogue is maintained between the parties to ensure that all aspects of the sites development and recreation provision are undertaken in the best way possible.  Indeed for the Ballakilley Site this is specified in the Brief.

Another reply received from Emily Curphey to a further email.

‘.. The Development Brief for the Ballakilley site clearly states that the Master Plan must accompany any detailed application to develop the site.  This requirement was also included in the Modified Draft Plan.  It is the purpose of the Master Plan to illustrate how the development of the sit including al the differing uses will be accommodated on the site and how these uses will integrate with one another and with the existing community, how the site will be accessed, how it will be landscaped, how it will be drained, how the development of the site will be phased.  This is part of the information which will need to be submitted by the developer of the site along with an application to develop any part of the sit.  As it is part of the application it is therefore the responsibility for the developer to produce the Master Plan.

As with any planning application, the developer will be encouraged by the Department to seek the views of those who are likely to have an interest in the development of the site prior to the submission of any application.  This is now accepted best practice and something which I would imagine the developer of the Ballakilley site will be keen to undertake.  The developer is also likely to request some pre-application discussion with the Department at which stage some of the detail regarding the site may be discussed.  Obviously the submission of a planning application accompanied by a Master Plan does no guarantee an approval and the application will of course be subject to the normal level of scrutiny and assessment in order for a decision to be made regarding the detail of developing the site.  As with all planning applications there will be the statutory period for representations to be submitted.  In relation to the question that you raise about challenges the provision for this is set out in the Town and Country Planning Act Part 1 Section 5 (2) I would suggest that you seek legal advice on the interpretation of this section of the Act.’

Having emailed David Humphrey from Dandara re the meeting Mr Watterson was organising   an emailed reply had been received – ‘As you know the Area Plan for the South requires the preparation of a Master Plan for the Ballakilley site which must (amongst other things) accommodate the land sues identified in the development brief.  These uses include housing, recreation n the form of sports pitches, public open space (for play and amenity) and an extension to the cemetery.  The Master Plan must also address issues such as phasing, landscaping, access and drainage.  The design and delivery of these elements will involve both Heritage Homes Ltd and the Trustees who will meet in the near future to discuss the matter further.  As this stage I would suggest that any query in respect of the walls of the site should be directed towards the Trustees (the Clerk had asked who owned the land now as, should there be problems with walls being dangerous – as in the past – RPC would need to know who to contact).    ‘In my view a number of elements may contribute to a ‘softened’ edge including the layout and orientation of buildings and the use of landscaping.’

The meeting with Dandara, 3MHKs (and possibly someone from Port Erin and PSM?)  would take place on 22^nd March at Ballafesson Hall, which the Clerk had organised to be available.  The Chairman, Vice-chairman, David Radcliffe and Clerk would be attending for RPC.   It was believed that Mr Moore, Trustee of the Elizabeth Clucas Estate, owners of the land, would also be attending so it was hoped that some progress could be made with the Master Plan as all of the land would have to be available for the various developments to be carried out at the same time.

Ballakilley Working Party

c)  Waste Management and Refuse Collection

Jones Services –   

Waste Policy and Strategy 2012 – 2022.

Increased cost of refuse disposal – reply from John Wrigley, Head of Waste Management  dated 18^th February to my letter asking for an explanation of the increase (this was not the same letter  John Quayle had written to the Municipal Association).:-

‘I write further to your query regarding the recently announced gate fee increases at the EfW facility.

The annual cost of running the EfW facility is £9.2 million comprising £5.8 million operational costs and £3.4 million Capital costs.  The EfW costs are offset, in part, by £800k of  electricity income.  The Department charges local authorities and businesses a gate fee to use the facility and this currently realises £3.5 million.  This leaves a net deficit of £5.7 million.  It is this subsidy that the Department is phasing out over the coming years.

The Island’s EfW plant is small compared to others in the UK and does not benefit from the economies of scale that larger plants bring; this puts an upward pressure on the costs of operating the plant together with its Island location.  We do benefit, however, from the technical expertise and purchasing power of SITA, the plant’s operator.

The Island’s gate fees for such a comparatively small facility do compare favourably with the UK.  If the plant was full loaded with 60,000 tonnes of waste a year (as it would be in the UK) then the cost per tonne would be in the region of £135 per tonne.  The plant, however, was built to replace landfill on the Island for a 25 year period and it was therefore designed with additional capacity to allow for waste growth and a certain level of flexibility over that period.

In a recent Waste and Resource Action Programme (WRAP) report a range of gate fees of £79 to £131 for EfW facilities with less that 200k tonnes capacity per annum was reported.  As you know the gate fee charged to local authorities at the EfW facility is currently £35 per tonne for household waste.  The Island’s local authorities have therefore benefited from unrealistically low disposal charges since the EfW opened nearly ten years ago.  The current gate fees remain significantly lower than those quoted in the WRAP report and it will be a further three years before we can move closer to a rate of £131 per tonne.

We believe that the cost of operating and maintaining the plant, considering its Island setting, does represent value for money.  The Island was fortunate in that when it tendered the contract for the design, build and 25 year operation of the facility, the market was very competitive. SITA have recognised that they will never make much profit from operating the facility but continue to honour their contractual commitments.  They do however use the facility as one of their best reference plants, and regularly fly in visitors to see how a well run facility can work in concert with its environment and the community.

It is also worth noting that in an Island context reliability and availability are critical components to its waste infrastructure and the functionality of Island life.  Since the plant became operational it has processed nearly half a million tonnes of waste generating over 260,412 Mwh of electricity half of which is defined as green.  To date the plant has never refused or turned away a waste delivery, ensuring that there has been no disruption to waste collection.

The Council of Ministers has approved the Department’s Waste Policy and Strategy 2012 to 2022 for the Island.  Under pinning this document are four key policies.  Once of these policies involves discouraging waste generation through cost effective tariffs following the Tynwald approved “user pays principle” with the agreed outcome that the cost of operating our waste infrastructure will be matched by income.  Therefore, based on the current cost of operating the EfW facility and the current tonnes (circa 52,000 tonnes) delivered, a £161.35 per tonne gate fee is required.  The Department appreciates the impact this will have on local authorities hence the subsidy being phased out over 6 years.

This timeframe will however provide an opportunity for the authorities to review their waste collection services and respond in a positive manner.

I trust that this information provides sufficient information.  However if you require any further information or would like to discuss the matter further then please do not hesitate to contact me.

John Wrigley.  Head of Waste Management.

This was noted.

d)  Lighting/MEA

Ballagawne Road  -. Nothing further.

Garth Avenue – hedge around light.  The Clerk had been informed that the owners were called Heginbotham and lived in Colby Glen.  Mr Pilling said that he would find out the address and let the Clerk know.

MEA –  the new Contract from 1^st April 2013 – 31^st March 2014 had been received.

The cost for Maintenance was not increasing -  21 Clocks @ £2.20 + 139 Lamps @ £7.11 = £1,034.49 plus vat (£206.90)

Replacement/renewals:-  replacement clock £280; replacement fitting £480; pole mounted arm & fitting £530; pole mounted arm, fitting & clock £800; Replacement 6m column and fitting £2,200; replacement 8m column and fitting £2,600; replacement 10m column and fitting £2,700;  period fitting £900;  24LED fitting (suitable for minor roads and estates £490); Repainting column, including materials, £180.

The Chairman and Clerk were to sign this.

It was noted that LED lights were available and described as suitable for estates and minor roads.  It was agreed that in future, should lights need replacing, the possibility of installing LED lights should be investigated.

e) High Hedges –  private session.

f)  Traffic & DoI Highways.

The Clerk had attended the Traffic Meeting on 6^th March.

Roundels, etc – Ballafesson Road – also signs.   Although we had been told at the last meeting that the signs had been ordered and would be put up soon it seems that they haven’t and there are being done so now.  Once received (in 6 – 8 weeks) they would like to meet with DR and myself to indicate exactly where they should be put.

Ballafesson Road (upper part as far as the Chapel)  They will not do anything about this.

The Level/Croit-e-Caley.  No complaints received by them.

Cregneash – safety of pedestrians coming to and from the car park to look at the Folk Museum and Village.   Now that Mr Vernon would be available the Clerk was to arrange for a site meeting. Mr McKenzie would be arranging a meeting.

Smiley face signs –   Still nothing.

Junction of Beach Road and Castletown Road. The Clerk had asked why the reflective bollards had not been put back in the middle of the junction yet.  They had been removed for work to be done to the road several months ago.  As there would be a road closed in the area – Station Road – they would not be replacing them until that was completed, possibly the end of March.

Junction of Balllakillowey Estate and Ballakillowey Road –  The Clerk had a call from a resident pointing out that when cars are coming up the hill and turning in they are cutting the corner.  He asked if a stop or give way sign could be painted there.  Also the van parked on the other side of the road a bit further up is making vehicles using the road go into the middle of the road and he feels that it is dangerous.   She had brought this up at the Traffic Meeting and they said that they will look at it. She was to write to the owner of the van to ask him if he could move it.

Minor Schemes –  Those attending the previous meeting had spoken about the fact that no Local Authorities were being notified when roads works were carried out (other than road closures).  It was generally felt that it was embarrassing for Local Authorities to have no information to offer when residents contact them when these works start to ask what is going on.   Those present a this meeting suggested that whoever arranges for the works gangs to go out could also send a short email to the Clerks just giving the most basic information.

The next meeting had been arranged for be 12^th June.

DOI:

Howe Road/Beacon Road/Surby Road.  Members were still concerned about these, especially Beacon Road.  There was concern about the maintenance of many roads and it was agreed that the Clerk should write a letter to DoI pointing out their concerns and that it would be prudent to repair roads before they became a major problem and therefore more costly in the long run.

g)  Police

The Clerk had not attended the Police Meeting but she understood that there had been no attendance from anyone.

h)  Litter, beach cleans, dog fouling, etc

Dog bins.

Dogs Byelaws in Rushen.

Qualtrough’s Lane – dog mess problem.  Mr Radcliffe’s neighbour.  Mr Radcliffe reported that the offending dog had now moved elsewhere.  The Clerk had received a call about a dog in the Qualtrough’s Lane area constantly barking. It was thought to be the same dog.  It was hoped that the problem was now solved.  Mr Radcliffe said that there was an all-Island problem with dog fouling.  Mr Pilling said that it should be tackled at Government level as an all-Island problem..  Port St Mary Commissioners had, in the past, looked into DNA testing of dog faeces and the Clerk was to contact them to see what, if any, progress they had made with this.  DEFA had problems with dog fouling on Bradda and were taking action to ban dogs.  It was felt that this would only take the problem elsewhere.  The Clerk was to write to them to ask if they would support the implementation of DNA testing of dogs.  It was also felt that this was something the Municipal Association could discuss.

Dog fouling – Meayll Hill – emails from Mr Eammon Harkin, The Howe – copied to Members 11/3.  As a responsible dog owner he was very concerned about dog fouling, especially on the Meayll Hill and the track up to there.   He was offering to approach people to ask them not to let their dogs foul the track.  Rushen Commissioners had put a dog bin at the bottom of the track but it seemed that some people were not using it.  A sign was to be put on it.  The Clerk said that the ownership of some of the land in that area, especially alongside the road, was not known.  It would not be possible to have byelaws for private land and there may be difficulties in dealing with dog fouling.  She was to write to MNH to ask which pieces of land belonged to them.

Beach Cleans –  Beach Buddies   They had carried out a beach clean at the bottom of Fishers Hill – partly Arbory, partly Rushen.  The Clerk had told them that she would arrange for it to be taken to the Amenity Site and had  phoned the site to say it was coming (answerphone).  The Clerk had contacted Mr Vernon to ask him to see how much rubbish there was and he volunteered to take it to the SCAS, which he had done with the help of a friend – Mr David Christian from Surby.  Mr Vernon was thanked for doing this and a letter of thanks was to be sent to Mr Callister.

The Clerk was to ask Mr Dale from Beach Buddies if they would like a donation to their funds.

Bring-banks .  There were no problems with these at present.

i)  Signs – Viking Hill  The sign had been received and had been put up by Mr Booth.  The Clerk had asked Mr booth to put the Ballakeyll sign put on the wall on the opposite side and leave the old one – there were therefore now two signs – as the resident had requested.

j)  Playing field, Howe Car Park.

The shed  .  Swing  & matting & wires.  Nothing further

Gates for mower access.   The Clerk said Mr Booth was having trouble getting in through the gates as there were often cattle in the adjoining filed, which he had to go through.  It was agreed that enlarging the small gate by Fairy Hill should be investigated.  Mr Radcliffe was to look at it and see what could be done.  Metalco should be able to do the work.

Email from Mr Meechan about BMX/Skate park for the field  which had been forwarded to all Members.  Mr Meechan had attended at the start of the Meeting.

Car Park, the Howe.   Nothing further at present.

Footpath from Ballakillowey to Carrick   Nothing further from DoI.

k)  Web Site.  January and February Minutes were to be added.

l)  Southern Civic Amenity Site Board. Mr Cain said that there was nothing to report.

m) Municipal Association

The Clerk had forwarded their Minutes and Agenda 19/3 to Board Members just to keep them informed as to what was being dealt with.

Mr Gunn said that they were trying to get the Chief Minister to come along to a meeting and also Mr Ronan.  The AGM would be held on 23^rd May at the Colby Glen.

Training courses.

Auditors – The Association had written to Treasury regarding the cost of the Audits, etc.  Their Secretary had sent a copy of the reply they received from the Chief Internal Auditor, Caldric Randall  The Treasury would be carrying the next procurement exercise for the provision of Local Authority Auditors and ‘It is Treasury’s current intention to commence the procurement exercise for these services on behalf of Local Authorities at the end of this calendar year.  In its progression we would anticipate consulting as fully as practicable with the relevant local authorities affected and hence would welcome the opportunity to utilise the framework already provided by your association to facilitate such an exercise’  Also the letter ends ‘Accordingly, following the initiation of the forthcoming consultation, myself or my colleague Stephen Hind, would welcome the opportunity to discuss these issues direct with the association and will contact you again in due course.’

The Clerk/RFO said that she had been concerned that  the Chief Internal Auditor for Treasury seemed to think that by consulting with the Municipal Association they were consulting with all the local authorities and that the MA was a sort of representative of Local Authorities rather than the discussion forum which brings most of the LAs together. She had emailed Mr Randall to point out that whilst Rushen are members of the MA some LAs are not.  Also that it has never been intended that the Association speaks for all of their Members on such important items.  She pointed out that each individual LA needs to be consulted about such important matters as the Auditors and the cost of the Audit and asked for his confirmation that they all would be consulted.   Mr Hind has replied on behalf of the Treasury – ‘By way of reassurance, it is not our intention to utilise the Municipal Association as the sole and exclusive method of consultation with the Local Authority Sector in this tender exercise.  However it does offer a practical and efficient way to obtain and explain key issues arising from the current arrangements, particularly in the early stages of formulating our approach.  Once the approach has been determined (at least in draft form) then all Authorities affected will be informed of the forthcoming tender exercise and be given the opportunity to further comment upon the appropriateness of the proposed tender approach – akin to how we have previously canvassed the sector for an assessment of current auditor performance prior to the extension of contract.’    This was noted.

n)  Southern Swimming Pool  Mr Radcliffe said that the roof repairs would be carried out soon.

o)  Allotments  nothing further.

p)  Southern Healthcare Committee  Mr Vernon had not been able to attend the last meeting.

q)  Rushen Ambulance     Mr Pilling said that there had been no further meetings held.

r)  MNH    

 John Donald Collister Bequest – MNH consultation.   Nothing further.

Lighthouses on the Calf –  Still no reply to letter sent to the Director of MNH regarding the dilapidated state of the oldest lighthouses.

s)  Risk Assessment

Health and Safety – Seminar –  This was to be held on 4^th April and, whilst it was supposed to be only for Clerks Mr Vernon as the Member who, with the Clerk, dealt with RPC’s Risk Assessments, would also attend.. The Clerk had spoken with Ian Jones of Jones Services as the seminar seemed to be aimed at refuse collections in rural areas.  This was presumed to be because of a serious accident which had happened between a motorbike and a bin-wagon. Ian Jones was sending an up to date copy of their Risk Assessment. He had also arranged for their Health & Safety Consultant (Pegasus) to attend the Seminar so that he could answer any questions for the Local Authorities which used Jones Services for their refuse collections.

Mr Edwin –  RPC’s Risk Assessment consultant was to be contacted with regard to RPC after  Mr Vernon and Clerk had attended the Seminar.

t)  Land in front of Hillcrest, Cregneash .    Mr Cain reported that this had been cut.

u)  Unsightly buildings and land

Oakleigh House, Truggan Road.    The Clerk had written again but there had been no reply once again.   It was agreed that this should be left for the present.

v)  Agricultural Rating    .Nothing further.

w)  Grass Cutting 

Mr Booth had now started cutting some of the grass areas.

x)  Disaster Recovery Plan

y)  Bus stops.  Nothing at present

z)  Zero rating  

The Clerk had contacted the Government Valuer regarding the property in Christeens Way which was undergoing extensive renovation and had been zero rated.  He said that he had looked at it and it was uninhabitable.  The Clerk had pointed out that work was being done on it and it would be completed during the coming rates year and possibly before it started.  She had offered to keep an eye on it and tell him when the work was done but he said he would keep looking at it and would send the Rates Demand when it was finished – back-dating it if necessary.

aa)  Planning Committee Meetings  The list was received regularly.

c)  Garth Avenue – potholes in pavement  Mr Pilling said that no work had been done.

Ae) Meayll Booklet   The Clerk hoped to have this in had soon.

af)  Rushen Youth Action Group – proposed BMX/Skate park community project. 

(see Mr Meechan’s email – Playing Field)

ag)  User Groups – Planning – Highways.  No information regarding when the next meeting would be held.

Ah)  Data Protection  nothing at present.

Aj)  Housing Review.

Landlord and Tenants (Private Housing) Bill Consultation and Questionnaire.

It had been agreed to leave this from the February meeting and the questionnaire of which the Clerk had given Members a copy for the February Meeting would be dealt with at the March Meeting.

Some Members had had difficulty in accessing the consultation document on the Government website.

Mr Gunn declared an interest as he was a landlord.  Mr Cain said that he may also be a landlord  in the future.

Mr Pilling said that he felt that this Bill was not RPC’s responsibility and the others felt that it was not relevant to RPC as a Local Authority.  The Clerk said that as RPC was a Housing Authority as part of being a Local Authority she felt that it was relevant to the business of Rushen Parish Commissioners.  The document and accompanying letter had come from Mr Robertshaw, the Minister of Social Care, with whom they had met and discussed various aspects of housing.  The Clerk/Housing Officer had attended many meetings and given much information on other aspects of public housing and, whilst this Bill was concerning private landlords, it was all connected as applications were always being received from people in privately rented accommodation wanting to have a local authority house for various reasons – some of which could be part of the contents of the Bill.

Mr Radcliffe proposed, seconded by Mr Pilling that it was not relevant to RPC and that it should be left to individuals to answer the questionnaire if they wished.

2 Year Tenancies

The Clerk had attended the Housing Meeting on  27^th Feb.  This was for Officers only. She reported that there seemed to be some discrepancy re the 2 year Tenancy as those attending were told that it was discretionary and could be waived if it was in the best interests of the Housing Authority.  However, some of the Social Care officers were saying that it was mandatory and the Minister also seemed to feel that way

.

aj)  Unsightly buildings – Juan Watterson MHK  Nothing further.

ak)  Ballachurry Road, pavement.

al)  Boundary Review Committee.

am)  Douglas Borough Council – Library.

This would be mentioned in the Newsletter.

b)  Noisy helicopter – Ballaman.

Information had been received from Planning which suggested that there was no ongoing problem.  ‘From a planning perspective the helipad does benefit from planning approval, however there is no provision in Planning Legislation to control the actual flying of helicopters.’  The IOM Civil Aviation Administration also gave some information: ‘We can find no evidence that the helicopter operation to or from the private landing site at Ballaman has contravened the aviation legislation in the Isle of Man or the UK.  The helicopter G-PACO (Sikorsky S76C) is operated commercially by a company owned by the principal’s family – the use of a helicopter when carrying the principal, his family and friends is entirely legal and equates to someone using a taxi service which picks them up or drops them off at their home.  The second helicopter which flies less frequently to Ballaman is M-DWSF (Bell 430) and is an entirely private operation – this equates to the use of a private car to travel to or from their home.  Both helicopters are in Performance Class A – this is the highest standard in terms of safety and performance – as you might expect; it is also the most expensive to buy and operate’ The letter goes on to explain the reasons for the late arrival of the helicopters on the two dates which were beyond the control of Mr Whittaker or his Chief Pilot.   ‘As a result of contacting the principal and his Chief Pilot, they have offered the following suggestions to further reduce the noise disturbance to Port Erin residents:  1.  Any movements at Ballaman will be within the operating hours of Ronaldsway Airport or during daylight hours, whichever is the greater.  This will enable the route to/from Ballaman to be flown away from Port Erin.  2.  Outside of the above hours they will use their landing site at Billown.  3.  If there are specific residences that they can avoid (relating to complaints made) – they will mark them on our charts to avoid over flights if possible.   4.  As the hours if daylight increase during the year, approaches to/from Ballaman will be able to be made avoiding Port Erin.  We consider the measures being offered will reduce the impact upon the residents of Port Erin and show a genuine wish to consider and mitigate the impact of the helicopter operations on the principals neighbours……..  In our Aviation Regulatory role, we have to record that the operations into Ballaman have not broken any aviation regulation and are therefore lawful; the law is there to protect the rights of Port Erin residents but as we are sure you appreciate, also there to protect the rights of the principal.’

This was noted.

RESPONSIBLE FINANCE OFFICER’S REPORT.

This information is available by attending the Office of the Commissioners and reading the Minute Book.  Contact the Clerk on 834501.

8.  CORRESPONDENCE.

a)  IOM Preservation of War Memorial Committee.

Letter from Hon Juan Watterson MHK, Chairman of the Committee.  Drawing attention the Committee’s Terms of Reference.  Also pointing out that the establishment of the Committee did not remove the responsibility for War Memorials from Local Authorities.  The Committee had worked with MNH and continued to do so to maintain the War Memorials Data Base within the IMuseum which was opened in April 2011.  Details of inscriptions and people commemorated on all the Island’s war memorials are available online at MNH’s new website: www.imuseum.im.  The Committee has to monitor the condition of the numerous War Memorials around the Island and to encourage custodians to keep the memorials in good order.  Generally, the Committee has recognised the diligence of numerous authorities in maintaining their respective Memorials and continues to keep in contact with the small number of memorials which could benefit from further maintenance.  With the approach of the 100^th Anniversary of the start of WW1 in 2014 MNH has plans for the centenary.  With this in mind and to support MNH and in anticipation of an enhanced interest in War Memorials, the Committee would very much welcome your co-operation by ensuring that all memorials (of whatever form and whether situate in or outdoors) across the Island are in a clean and tidy condition for the beginning of 2014.  “The Committee wishes to fulfil part 3) of its remit and to do so would be grateful if you, as custodian of a War Memorial, could please liaise with the Committee before undertaking any significant works, as the Committee will be very pleased to offer advice and guidance.”

It was agreed that there should be an annual check and inspection of the Memorial to the ‘Flying Fortress’ crash of 1945 at Glen Chass which has been erected and dedicated in April 2012.

b)  Civic Services.

Peel Town Commissioners– they had to change their date.  Their service would now be on 26^th May with the church service in the Methodist Chapel, Atholl Street, Peel at 11am.

Onchan District Commissioners –  advance notice of Service – 19^th May at 3pm.

c)  Boundary Review – Mrs H M Hyde from Douglas has sent a copy of her submission to the Boundary Review Committee.  Noted.

d)  Manx Classic 2013 – Sloc Hill Climb.  Friday 26^th April road closes from 9 15am to 4 30pm.  Area involved is A36 Sloc Road north of its junction with B44 Ballakilpheric Road to its junction with the D60 Dalby Lhag Road.  Details will be posted on the Manx Motor Racing Club’s website www.manxmotorracing.com.

e)  Consolidated Register of Electors.

Official copy received for residents to consult.  This was in force from 1^st April 2013.

PLANNING MATTERS

9.  PLANNING APPLICATIONS

a)  13/0221.  Sound Farm, Sound Road.  R W Callister.  Erection of agricultural building for the housing of livestock with covered feed area. To be clad in the same colour as existing building.                                               No objections.

b) 13/0245.  Surby Mount and field 410891. IN PRINCIPLE. Mrs M Saunders.  Approval in principle for development of Surby Mount (demolition and rebuild) and extension of residential curtilage into field 410891 and approval in principle for erection of a dwelling on the remainder of filed 410891.            No objections.

c)  13/0258.  Braeside, Glen chass Road.  Mr & Mrs Roberts.  Demolition of existing garage, formation of new entrance/driveway parking and erection of a detached double garage;  existing sun lounge single storey roof raised; first floor ensuite shower room formed.      No objections.

d)  13.0305,  14 a Odins Way, Ballakillowey Estate. Sian Beatrup.  Conversion of garage to kitchen and formation of new hardstanding.                 No objections.

10.  PLANNING APPROVALS 

a)  13/0082. Glendown House, Truggan Road.  Mr & Mrs D Clague.  Alterations, erection of extension and installation of replacement windows to dwelling.  Usual conditions.  Decision – a Senior Planning Office.  Issued 28^th February 2013.

b)  13/0088.  Ballaman, Ballnahowe.  Cheeseden Investments Ltd.  Alterations and extensions to dwelling (Amendments to PA 12/1110).  Usual conditions.  Decision – a Senior Planning Officer.  Issued 4^th March 2013.

c)  13/0142.  Rushen Vicarage, Barracks Road.  Vicar and Wardens of Parish Church.  Alterations and extensions.  Usual conditions.  Decision – a Senior Planning Officer.      Issued  – 14^th March 2013.

11.  PLANNING REFUSALS

a)  12/1683.  Clybane and parts of fields 414177 & 414179 Mount Gawne Road.  Mr & Mrs P Jenkins.  Erection of replacement dwelling and extension of residential curtilage.       Reasons for Refusal:  1.  The proposal is contrary to Environment Policy 1 and Environment Policy 2 of the IOM Strategic Plan 2007 in that the proposed development, if approved, would represent an unwarranted encroachment into the countryside to the detriment of the character of the landscape.  2.  The proposal is contrary to Housing Policy 14 of the IOM Strategic Plan 2007 in that the proposed development, if approved, would be detrimental to the visual amenity of the area by reason of its scale, massing and design.    Decision – Planning Committee.     Issued 14^th March 2013.

12.  PLANNING APPEALS   

To be held:

a)  12/1493.  Sunnymount, The Level.  Mr D Parkes.  Erection of raised decking (retrospective).  Appeal against refusal.  This would be held at  2pm on 10^th April at 3^rd floor committee room, Government Office.

b)  13/0029.  Cronk-Ny-Chree, Ballafesson.  Mrs S Camarda.  Erection of conservatory.  Appeal against refusal has been requested.

c)  12/875/A.  Corvalley, Howe Road.  Mr K J Kniveton.  Approval in principle for erection of a replacement dwelling.  ‘The Minister has considered the report, concurs with the appointed person’s conclusions and accepts the recommendation that the appeal should be dismissed.  Accordingly he has directed that the Planning Authority’s Approval in Principle of the application under Article 6 of the Town and Country Planning Order 2005 should be confirmed.’   The  Appeal was by the Applicant with regard to conditions 6 and 7 – “That the materials to be used shall be slate for the roofing and stone to all elevations, utilising reclaimed stone from the existing building wherever possible; and the replacement dwelling shall not be greater in mass (width and height) than the existing dwelling.”  A further note for clarification had also been received.

d)  12/1553.  Seafield, Mount Gawne Road.  Mr & Mrs A Heath.  Appeal against approval for alterations and erection of extension to dwelling.   Appeal documents received.  Appeal held 9^th March.

13.  COMPLETION CERTIFICATES

a)  (sent to Arbory)  09/7474.  Cronk e Dhooney Cotage, Cronk Y Dhooney. Mr & Mrs Burden. Formation of new ensuite facilities to existing bedroom and creation of door to rear of garage.   Issued 6^th March 2013.

b)   (sent to Arbory)  12/7131.  2 Carrick Bay View, Ballagawne Road.  Dr & Mrs Ogilvy.  Single storey extension and conversion of existing garage to gym.   Issued 1^st February 2013.

c)  (sent to Arbory)  12/7167.  14b Odins Way, Ballakillowey Estate.  Mr & Mrs D Connor.  Extension to garage and construction of porch (porch exempt).  Issued 11^th March.

14.  OTHER PLANNING MATTERS  

a)  Building Control Act – Notification of Intention to Demolish a Building 1-4 Level Cottages. Application for demolition by AV Craine & Sons Ltd.  Commencing March 2013 and completion approximately 18-24 months  (?)  Details of demolition strategy included.

b)  Notification of intention to demolish. (sent to Arbory – dated 7^th March) 1 – 4 Level Cottages.  Hintock Ltd.  Members had until 22^nd March to make any comments.  No comments to be made.

c)  12/0491.  Fuchsia Cottage, Castletown Road.  Mr Thakrah.  Erection of a double garage to replace existing garage.  Letter from Planning to the owner – ‘…. I can advise that under the authority delegated by the Department to the Development control Manager under Government Circular 13/11 1(h), the Development Control Manager determined that whilst the non installation of a window in the garage adjacent to the pedestrian access is a breach of the above planning approval, it is deemed to be de minimis and is therefore considered to be acceptable and no enforcement action will be initiated.’

 15.  ANY OTHER BUSINESS    none.

16.  DATE OF NEXT MEETING  To be Wed. 10^th April, provisionally until Mr Pilling could find out if he was available.

RUSHEN PARISH COMMISSIONERS

Meeting held 7pm Friday 22^nd February 2013 at Ballafesson Hall.

MINUTES

The date of the meeting had been re-scheduled due to the Area Plan for the South being debated in Tynwald on the evening of Wednesday 20^th.

Present:  Mr P Gunn (Chairman), Mr D Radcliffe, Mr D Cain, Mr S Pilling. The Clerk, Mrs Kelly, was in attendance.

Apologies:  Mr P Vernon.

1.  MINUTES

The Minutes held Wednesday 16^th January 2013 had been circulated but parts had been missed during printing.  The Clerk said that they couldn’t be approved and signed as the Members had not received full copies, although the full Minutes were in the Minute Book.  She would have them re-printed and circulated to all Members. The approval and signing was to be left until the next Meeting.

2.  MATTERS ARISING:

a)  DoI/Local Authority Issues

i) Review of the Scope of Government –  This was ongoing.

ii) Southern Local Authorities Meeting  – Mr Gunn and the Clerk attended a further meeting on 11^th February (the Clerk gave Members a copy of the agenda)  This was held at Castletown Commissioners Board Room.  Kevin Weir their Chairman Chaired the meeting.  It was mainly about housing and forming a Southern Local Authorities Housing Authority.

Members’ Declaration of Interests.

b)  Southern Area Plan   -

The letter to all the MHKs and MLCs  – signed by Mr Vernon, the Chairman, had been sent out on Wednesday 6^th February.

The Written Statement of the Area Plan for the South had been forward for approval at the February Tynwald., on the evening of Wednesday 20^th February.

No Local Authorities had been informed of this nor of any changes which may have been made.  The Clerk had read in the paper that it had been mentioned at a Planning meeting regarding Shoprite’s proposed business park at Ronaldsway and there may be changes.  She had enquired about this and asked if the Document was available.  She was told that it wouldn’t be available until the Tynwald Members had it.  The Chief Secretary’s Office provides the documents to the Members for the Tynwald Sessions.  Phil Gawne had told her that it had been to CoMIN for ‘noting’ prior to this.  Even though the Members had the Written Statement on the Tuesday it was not put on the Tynwald website until the Thursday – and this was the first time that the LAs and the public had sight of it.

The Clerk had been in contact with Hon. Phil Gawne MHK and he offered for someone from RPC to appear at the bar of Tynwald.  David Radcliffe had said he would consider it.  She had also been in contact with the reporter from IOM Newspapers and sent her a copy of the letter from RPC top the Members of Tynwald and asked her for any article to appear in the Examiner on Monday 11^th – the week before Tynwald.  She had also been in touch with Manx Radio and sent them a copy of the letter.  Green Light Television phoned her up asking for an interview – very short notice, less than half an hour.  Mr Radcliffe had been unable to do it as he was working but Mr Gunn had been available at such short notice and gave an interview. They had both been going to do an interview with Manx Radio but this did not happen.

As it was known that a few years previously a representative from Kirk Michael Commissioners had been permitted to appear at the bar of Tynwald by the then President, Noel Cringle, the Clerk had contacted Mr Hamer (the Members who had appeared) to ask how they had written their Memorial.

Mr Radcliffe, Mr Gunn and the Clerk had been working towards having Mr Radcliffe appear at the bar of Tynwald and they had been working on the correct way to do this, the correct wording for the application – the Memorial. They had also been working on the speech which Mr Radcliffe would make.  They wrote out the ‘Memorial’ (a formal request to be heard) according to the set rules, which Mr Gawne had sent to them. It had been signed by Mr Gunn (as acting Chairman as Mr Vernon was on holiday) Mr Radcliffe and the Clerk..  The Clerk had hand-delivered the Memorial and accompanying letter, to the Clerk of Tynwald’s Office on the morning of Thursday 14^th February (it had to be in by 5pm) and asked if someone could look it over as if the wording was incorrect she could get it done again.  The Deputy Clerk of Tynwald looked it over and said that it was unusual to appear at the Bar of Tynwald Court.  The President of Tynwald had to consider the Memorial and it would be she who would decide whether or not it was accepted.  Then it would go to Tynwald, prior to the consideration of the Southern Area Plan and it would be for the Members to vote on whether or not they would hear Mr Radcliffe speak on behalf of RPC.    The Clerk of Tynwald put the Memorial before the President and a reply was received from the Clerk of Tynwald on 15^th Feb:-

            “Thank you for your letter of today’s date which you delivered by hand this morning.  Your letter and the enclosed memorial have been considered by the President of Tynwald under Standing Order 8.2 of Tynwald Court.

            The President does not consider that Rushen Commissioners have an interest distinct from the interests of the general public which is adversely affected by item 7 on the Order Paper for next week’s Tynwald sitting, nor that there are any special reasons why they should be heard.  Accordingly the President will not be putting to Tynwald the question whether the Commissioners’ representative should be heard at the Bar of the court.

            The President thinks it would be difficult for a local authority to have an interest distinct from the interests of the general public, when the function of a local authority is to represent the interests of the general public.

            I am sending a copy of this letter to each of the three MHKs for Rushen”.   

The Clerk received an email from Mr Gawne early on Friday morning copying her into the above letter which he had received the evening before (before RPC had received it in the post).  He was not very pleased with the outcome and went to see the President to see if he could change her mind.  He was unsuccessful. Rushen Parish Commissioners were therefore not represented except by the 3 MHKs  for Rushen for the debate in Tynwald on the Southern Area Plan – no. 7 on the Order Paper.  The Clerk had warned Members that it could be heard on Wednesday afternoon or evening and the Meeting night may be changed at the last minute.

The debate commenced at 7 15pm on the Wednesday evening.  Mr Gunn and Mrs Kelly, the Clerk, attended Tynwald and sat in the gallery.  Mrs Kelly had left the office at 2 30pm, listening to the other business on the radio in case the other items on the Order Paper finished earlier than expected or in case item 7 was brought forward.  Mr Gunn and she went into Tynwald at 4pm.  Mr Gawne MHK spoke and also read out RPC’s speech.  Mr Watterson MHK had left before the debate, with the permission of the President and was not there for the debate or vote.  Mr Skelly MHK read out a statement from him and spoke himself.  Mr Gawne had asked if there could be an adjournment until the following morning as he had a lot to say but the Members voted to carry on.  The debate finished at 10pm with the vote being 4 against accepting the Southern Plan and 26 against.  The Plan was therefore approved by Tynwald.

Mr Gunn was to research why Kirk Michael Commissioners had been permitted to appear but Rushen had not.

Mr Cregeen MHK, who had said that RPC had redress with regard to the Plan, was to be asked to what action in particular he was referring.

Mr Peter Karran MHK had sent a reply to the letter sent to all the MHKs, which had been received on the Tuesday before the debate.  He had been a supporter of the recreational area.  However, he had been absent from Tynwald, without permission from the President, and had therefore neither took part in the debate nor voted in support.

A letter of thanks was to be sent to Hon, Phil Gawne for his help and support.

On the Thursday after the debate Hon. Juan Watterson had sent a letter to Seamus xxx of Dandara on behalf of the 3 MHKs for Rushen asking to meet him to discuss Dandara’s plans for the Ballakilley land and suggesting a representative form RPC also attend.  He posted RPC a copy of this letter which was received on the Friday.  Members felt that it was a bit premature to speak with Dandara until Develoment Brief 23xxxxxxxxxxxx.  They should have waited until someone from Planning had drawn up the said ‘Master Plan’.  They would, however attend such a meeting.

Ballakilley Working Party.  I have informed Nick Watterson from Port Erin and Bernadette McCabe from Port St Mary what has been done initially.

K McArd has written to the all the Southern LAs and the Chairman of the Planning Committee (copy enclosed)  and Howard Quayle had replied to him (copy enclosed).

Mr Radcliffe, Mr Gunn and the Clerk were thanked for all the work they had done in the run up to the Tynwald debate.

c)  Waste Management and Refuse Collection

Jones Services –   

Waste Policy and Strategy 2012 – 2022.  The Clerk had been listening to House of Keys in January and Minister Cretney had been talking about the Waste Policy.  The document – Department of Infrastructure, Waste Policy and Strategy 2012 to 2022 had been mentioned.  Apparently this document had been completed in August 2012 and the question was asked of him why it hadn’t been available until now.   The Clerk had made a copy for all Members.

d)  Lighting/MEA

Ballagawne Road  - trees.  Nothing at present.

Garth Avenue – hedge around light. The Clerk to write again to the occupier to find out who owned the property and therefore may be responsible for cutting back the branches.

Light damaged on Castletown Road.  The driver’s insurance company had now sent the cheque, which had been banked.  This was now wholly dealt with and could be taken off the Agenda.

e) High Hedges –  letter of thanks from LGU for the reply sent to Roy Corlett, Policy and Legislation.

f)  Traffic & DoI Highways.

Priority for Highways to deal with in Rushen.

Roundels, etc – Ballafesson Road – also sign.   

Ballafesson Road (upper part as far as the Chapel)

The Level/Croit-e-Caley

Cregneash – safety of pedestrians coming to and from the car park to look at the Folk Museum and Village.   Now that Mr Vernon would be available the Clerk was to arrange for a site meeting.

Smiley face signs –   Still nothing.

Junction of Beach Road and Castletown Road.The Clerk said that she would ask why the reflective bollards had not been put back in the middle of the junction yet.  They had been removed for work to be done to the road several months ago.

DOI:

Howe Road/Beacon Road/Surby Road.

g)  Police

Mr Vernon had attended the Police meeting on 24^th January

h)  Litter, beach cleans, dog fouling, etc

Dog bins.

Dogs Byelaws in Rushen.

Signs – Viking Hill – a complaint had been received that the sign was off the poles which were rusted away.  The Clerk had ordered a new one.

Beach Cleans –  Beach Buddies  nothing further.

Bring-banks .  The Clerk reported that there did not seem to be a problem with them at the moment.

h)  Playing field, Howe Car Park.

The shed  .  Swing  & matting & wires.  Nothing further until the weather improved.

Gates for mower access.

A complaint had been received from a resident of Surby  regarding parking her car by the playing field to go and play with her son.  She parked by the recycling bins but when she came back another car was parked so close her son couldn’t get in the door also her wing mirror was damaged.  She spoke to the woman whose car it was and she was very vociferous in saying that it was her reserved space (not marked as such).  Mrs Whelan thought that the parking area may have been Rushen Commissioners’ responsibility. The Clerk had given her the contact for Social Care who would know if the parking space was reserved.

Car Park, the Howe.   Nothing further at present.

Footpath from Ballakillowey to Carrick   Nothing further from DoI re the proposed tarmacking.

j)  Web Site.  Mr Vernon was keeping this up to date.

k)  Southern Civic Amenity Site Board.

Report received January 2013.  Received by email and forwarded to Members. The information received included the amount of  official rubbish coming in from all the local authorities  (not the residents)  in 2012 and Rushen had 1.67 tonnes.  The Clerk had asked if there was a breakdown between beach cleans and green waste from RPC’s grass-cutting contractor.  0.35 was beach cleans and the rest from S Booth.    They now had a website www.southernamenitysite.com.

The Clerk had given all Members a copy of the Civic Amenity Site Order 2000.

l)  Municipal Association

Their Secretary had forwarded a letter dated 24^th January which the MA received from Roy Corlett, Legislation and Policy at DoI  (Members had been given a copy).  This was in reply to an email and then a letter sent by them.  ‘The legislation relating to the inspection of local authority minutes and accounts is in sections 34 and 45 of the Local Government Act 1985 (the 1985 Act).  However, you may not be aware that those provisions are also relevant with regard to joint boards.  Section 68 of the 1985 Act specifies that many of the provisions of the 1985 Act, including sections 34 and 45, apply to a joint board as they apply to a local authority, subject to certain modifications.  The relevant modifications would mean that in section 34 and 34 references to “a local authority or to the district of a local authority shall, in its application to a joint boards, be construed as references to the joint board or to the area for which the joint board is established or exercised its functions, as the case may be”.

Sections 34 and 35 as applied to joint boards would therefore read-

Section 34 Inspection of minutes.   

(1)  The minutes of proceedings of a joint board shall at all reasonable hours be open to the inspection of any local elector for the district of the joint board and any such local government elector may make a copy of or extract from those minutes.

Section 45 Inspection of accounts

Any officer of the Department, any ratepayer, any local government elector for the district of a joint board and any creditor of the joint board may at all reasonable times inspect and make extracts or copies from the books of account of the joint board.

The legislation clearly allows local government electors (and ratepayers in the case of accounts) within the district of the joint board to inspect minutes and take copies of minutes and accounts of the joint board.  In view of the aforementioned, the Department is of the view that joint boards should implement procedures to ensure that copies of its minutes and accounts are made available to the relevant constituent local authorities.  This arrangement would not only be in the interest of openness, transparency and good governance but also allow the constituent local authorities who are, as you indicate in your letter, making financial contributions to the running of the joint boards, to monitor whether “their ratepayers’ monies are being efficiently and appropriately used”.

In order to clarify the legislation and to remove any likelihood of any further misunderstanding, the Department will consider making an amendment to the joint board orders made under section 7 of the 1985 Act.  This will allow specific, incidental, provision within the orders so as to require joint boards to provide copies of their minutes and accounts to the relevant constituent local authorities.’   Roy Corlett.

This information had only been sent to the Municipal Association, not to all Local Authorities even though they do not all belong to the Municipal association. It seemed that Central Government were under the impression that the MA represented all LAs on the Island.

Mr Gunn had attended the last Meeting and reported that the organisation of the proposed training courses was ongoing.  Mr Ronan MHK was to meet with them possibly at the next meeting.

m)  Southern Swimming Pool  Mr Radcliffe had attended the meeting which had been held the previous evening.  He said that there were issues with the pool roof as there had been a poor job done.  The pool would be closed in the Easter holidays for one week for repairs to be carried out.

n)  Allotments  Nothing further.

o)  Southern Healthcare Committee  Nothing further.

p)  Rushen Ambulance     Nothing further.

q)  MNH    

 John Donald Collister Bequest – MNH consultation.   Nothing further.

Lighthouses on the Calf –  Still no reply to letter sent to the Director of MNH regarding the dilapidated state of the oldest lighthouses.

r)  Risk Assessment

Health and Safety – Seminar –  The date for this was not known yet.

s)  Land in front of Hillcrest, Cregneash .    The land had been too wet for a tractor to be used for cutting.

t)  Unsightly buildings and land

Oakleigh House, Truggan Road.    No reply received from Mr Brabin.  The Clerk was to write again.

u)  Agricultural Rating    The Supplemental List had been received and some former farms had been re-rated as non-agricultural.

w)  Grass Cutting 

A letter had been sent to Mr Booth offering him the renewal of the Contract for the next two years at the same rates and conditions as the present one.  He was pleased to accept but asked if there could be an inflationary increase for the second year.

This was agreed and that this would be decided nearer the time so that any increase would be relevant.

x)  Disaster Recovery Plan

y)  Bus stops.  Nothing at present

z)  Zero rating    nothing further

aa)  Planning Committee Meetings  The Clerk said that Graystones, Ballakillowey had been on the list for the last Committee meeting.

ac)  Garth Avenue – potholes in pavement  Mr Pilling reported that there were paint marks as though some work was going to be carried out.

Ae) Meayll Booklet

af)  Rushen Youth Action Group – proposed BMX/Skate park community project.           There was a meeting on 11^th February and Mr Radcliffe had attended.  He said that the general feeling was that the proposed site at Bradda would be too far away and that the preferred site would be Ballakilley.  The also discussed the ‘Pod’ which they had hoped to have soon but more money was needed towards the financing.

ag)  User Groups – Planning – Highways..

The Clerk had attended this and had forwarded to Members via email the information from the Presentation – ‘Visibility’ and ‘Road Hierarchy Policy’.  This was noted.

Ah)  Data Protection  nothing at present.

Aj)  Housing Review.

Hon. Chris Robertshaw – Minister for Social Care. – Housing Review Findings – The Next Step. 

The Clerk had attended three Housing Meetings – 2 in Castletown  (Options Review and Procurement Project and also Housing Needs Project) and 1 in Douglas (Mr Vernon had also attended the two in Castletown the other one was for Officers only).  These were with the David Tolsen Partnership (Consultants engaged by the DSC) and were information gathering for the Report which they would eventually produce.

Housing Consultation:- Landlord and Tenant (Private Housing) Bill .  Mr Robertshaw had written to inform about this draft Bill which was open to public consultation until 22^nd March 2013.  The purpose of the Bill was to achieve a fair and reasonable balance between the rights of landlords and tenants in private rented tenancies.  The new legislation would:

Require landlords of rented dwellings (who are not exempted) to be registered;             Require landlords, certain letting agents and rented dwellings to comply with minimum      standards made by DSC;                                                                                             Require landlords, who do not themselves meet the minimum standards, to use a letting agent to manage the tenancy of their properties;                                                                         Empower the DSC to inspect rented dwellings and enforce those minimum standards;     Create offences for landlords who fail to register or fail to meet the minimum standards.

The legislation would make it illegal for a landlord to operate unless they and their properties are registered.

The Bill could be viewed at www.gov.im/socialcare/consultations.gov.im  This included a questionnaire to be completed before 22^nd March.

It was agreed to leave this until the next meeting when the full Board would be in attendance.  In the meantime everyone was to read through the Bill and the Questionnaire.

2 Year Tenancies – letter from Minister Robertshaw,  forwarded to Members on 18^th Feb. He had enclosed a copy of a tenancy agreement with the wording changed with regard to the two years.

aj)  Unsightly buildings – Juan Watterson MHK  Nothing further.

ak)  Ballachurry Road, pavement.

al)  Boundary Review Committee.  Acknowledgement of written reply received.

am)  Douglas Borough Council – Library.

Mr Pilling had looked into this further and had spoken to the Librarian.  Braddan, Santon and Lonan contributed to the library.  With regard to the i-books, which were of interest to Members, it was agreed that, to gauge support before going any further, it should be mentioned in the Newsletter.  Residents could then get in touch and then it could be progressed if there was sufficient interest to warrant the cost.

RESPONSIBLE FINANCE OFFICER’S REPORT.

This information is available in the Minute Book at the Commissioners’ Office.

ESTIMATES for 2013/14.

The Clerk had informed Treasury – Rates, the Local Government Unit and IOM Newspapers of the new rates for 2013/14 i.e. 70p in £ and £30 per household.

8.  CORRESPONDENCE.

a)  Mr T McClure, Hatters Lane, Truggan Road.  He had sent an email asking for help:  He had been out and someone had placed ‘hay bales’ across Hatters Lane preventing access to his house by carThe Clerk told Mr McClure that she would make further investigations as she thought because it has a public footpath it may be regarded as a public road.  However, the general opinion at the meeting was that it was not the Commissioner’s problem but a private matter.

b)  Civic Service – Malew. Invitation to attend their Civic Service Sunday 3^rd March at 3pm at the Abbey Church.  No Members indicated that they would be able to attend and the Chairman was off-Island.

c)  Consultation  Proposed Draft Building (Fees) Regulations 2013.

Letter from Building Control Manager.  Comments were invited on the Department’s proposals for amendments to the Building (Fees) Regulations 2012.  The consultation document is based on the policy that the developer pays principle; in this way over time making the Building Control Service self financing and reducing the cost to tax payers and rate payers in Douglas Borough Council and Onchan District Commissioners (where they are the Building Control Authorities).  The consultation seeks the views of stakeholders concerning the framework and fees proposed and also the proposal for changes to Section 37 of the Building Control Act 1991, as amended by the Building Control Act 1991; as amended by the Building Control (Amendment) Act 2012.  The consultation does not encompass matters concerning Building Regulations which will be under a separate consultation process at a later date.  Submissions must be marked clearly ‘Draft Building (Fees) Regulation Consultation’.  The document could be viewed at www.gov.im/Consulations.gov.

This was noted.

d)  Office of Fair Trading  were running an awareness campaign called ‘Say no to doorstep sellers’ to increase awareness about how to deal with doorstep traders.  They are holding two informal sessions on 20 & 21 Feb at the OFT.  Invitation to attend.  Noted.

e)  Buck Recycling Ltd.  Information sent from Paddy – Askbuck.com.  This is with regard to  bring banks.  There was a copy of a report he had made for Lezayre Commissioners.  It was agreed to just note this.

f)  Easter Festival of Running.  Letter from D Ronan of Manx Harriers.  Information re the 2013 event – Good Friday 29^th March, Easter Saturday and Easter Sunday and enclosing a flyer for comment.  This was noted.

g)  Invitation to Chairman from Mayor of Douglas.  The Worshipful Mayor of Douglas, Mr Councillor David Ashford, JP, had sent an invitation to the Chairman to join him for drinks in the Mayor’s Parlour and Douglas Town Hall at 7pm on Thursday 11^th April.  The Chairmen from other Local Authorities have also been invited.  RSVP.  Mr Vernon would be informed of this when he returned.

h)  1^st Supplemental list 2013.

There were two zero rated properties, one of which was having a lot of work done.  However, Members thought that the work could be completed not long after the time when the Rates Demands were sent out.  The Clerk was to contact the Rates Office to object.  There were three former farm houses which had now been re-rated as non-agricultural.

PLANNING MATTERS

9.  PLANNING APPLICATIONS

a)  13/0082.  Glendown House, Truggan Road.  Mr & Mrs I Clague.  Proposed single storey extension to rear of Glendown House to create dining area and garden room with new oak framed bay window to the existing kitchen; replacement porch and amendments to front entrance; replacement windows to existing dwelling and additional rooflights.

Mr Cain declared an interest as this property was next door to his new house.   There were no objections to the application as most of the work would be at the rear of the house.

b)  13/0088.  Ballaman, Ballnahowe Road.  Cheeseden Investments Ltd.  Revisions to previously approved alterations and additions (PA 12/1110).   No objections.

c)  13/123.  The Barn, adjacent to the Shore Hotel, Shore Road.  Mrs Sue Rathbone-Scott.  Conversion of former shop and store building into tourist accommodation.  Comprising the renovation of the existing stone barn and the construction of a two storey extension to provide 2 bedrooms at ground floor with living accommodation and kitchen at first floor.

There were no objections and Members agreed that it would be good to see this improved as it had been lying empty for a long time.  The Clerk said that care must be taken during the work with regard to the street light which was in front of it.

d)  13/0116.  Kirkle Farm, Ballakillowey Road.  Mr & Mrs S Glynn-Riley.  Demolition of existing farmhouse and cottage and erection of replacement dwelling.

It was agreed that the proposed replacement dwelling was too large, being a 91% increase on the existing properties.  The design was unsympathetic and inappropriate for a rural dwelling in this locality. It was regarded as an unwarranted intrusion into an area of high scenic significance and would set a precedent for other large houses in this area.

e)  13/0142.  Rushen Vicarage. Barracks Road.  The Vicar and Wardens of Rushen Parish Church.  Extension.    No objections.

f)  13/0194.  11 Odins Way, Ballakillowey.  Glyn Owens.  Erection of two new gate posts 1.8m x 450mm x 450mm and pair of inward opening hardwood gates 1.8m.  No objections.

10.  PLANNING APPROVALS 

a)  12/1703.  Field 410333, Ballakilpheric Road (Cronk e Dhooney).  Mrs M Crawley.  Erection of storage shed.  Conditions include:  2.  The building must be used only for agricultural purposes; 3.  In order to screen the impact of the proposed building from view from the lane, additional planint must be introduced to the west, north and east of the shed.  Details of the type, position and number of shrubs to be introduced must be approved by the Planning Authority prior to the erection of the shed.       Decision – Senior Planning Officer.  Issued 5^th February 2013.

b)  13/0007.  Rowany Brae, Ballagale Avenue, Surby.  Ms Melanie Whittingham. Alteration and extension to dwelling.  Usual conditions.  Decision – Senior Planning Officer.  Issued 5^th February 2013.

c)  12/1637.  Graystones, Ballakillowey Road.  Mr & Mrs W Dawson.  Alterations and erection of a two storey extension.   Conditions:  2.  This approval relates to the alterations and extensions shown in drawings 1209/01, 1209/02 and 1209/03 all received on 11^th December 2012.    Decision – The Planning Committee.   Issued 12^th February 2013.

11.  PLANNING REFUSALS

a)  13/0029.  Cronk-Ny-Chree, Ballafesson.  Mrs S Camarda.  Erection of conservatory to front elevation.  Reasons for Refusal:-  1.  The proposed modern conservatory would be an inappropriate form of development which would not respect the proportion, form and appearance of the existing traditional property.  Accordingly, given the design, proportion and form the proposed conservatory would be contrary to the relevant policy as stated within the Isle of Man Strategic Plan.    Decision – Director of Planning.  Issued 15^th February 2013.

b)  12/1684.  Kilravock, Shore Road, Bay ny Carrickey.  Mr David Corrin.  Demolition of existing dwelling and garage and erection of two replacement semi detached dwellings with associated parking.  Reasons for Refusal:  1.  The proposed dwellings due to their height, massing and design in a prominent position within the street scene would cause a visually intrusive and out of keeping feature in this location and would cause a detrimental impact to the visual amenities of the street scene, contrary to General Policy 2 of the Isle of Man Strategic Plan 2007.  2.  The proposed development due to its siting and size would not provide an acceptable level of usable external amenity space (western dwelling) and as such would represent an over-development of the sit, contrary to General Policy 2 of the Isle of  Man strategic Plan 2007.   Decision – Senior Planning Officer.  Issued 15^th February 2013.

12.  PLANNING APPEALS   

a)  12/1493.  Sunny Mount, The Level, Colby.  Mr D Parkes.  Appeal against Refusal for the erection of raised decking (retrospective).  8 copies of full written statement of case to be sent by 13^th February.  What RPC had already said would be part of the papers available to the Inspector.

b)  withdrawn – 12/1026.  4 Grenea Cottages, Kentraugh.  Patricia Linnane. Two storey extension to side elevation, single storey extension to rear elevation, removal of rear workshop and widening of vehicular access.  This had been deferred for some time awaiting the outcome of a subsequent application 12/1365 – which has now been approved.  12/1026 has therefore now been withdrawn.

13.  COMPLETION CERTIFICATES   none

14.  OTHER PLANNING MATTERS  none.

15.  ANY OTHER BUSINESS

a)  Mrs Ronan, Glen Chass – water running onto road.  Mrs Ronan had phoned the Clerk about some water which was running onto the road from a pipe by a house.

Mr Cain knew where the problem was and would speak to the owner.  The Clerk asked if he could speak to Mrs Ronan as well.

b)  Noisy helicopter – Ballaman.

The Clerk reported that there had been complaints (verbally) from residents of the area and owners of properties in the area about the helicopter flying in late at night and being very noisy.

As permission for a helicopter pad had been given many years ago when Nigel Mansell had lived there it was thought there may be planning conditions relating to flying times.  The Clerk was to make inquiries from Planning and also regarding flying regulations for helicopters in general.

c)  Qualtrough’s Lane – dog mess problem.

Mr Radcliffe said that a neighbour had been complaining to him about the amount of dog mess in Ballafesson and all over the Island.  He thought that there should be an all-Island approach to the problem.  The Clerk pointed out that there was a dog bin at the end of Qualtrough’s Lane.  Mr Radcliffe was to speak to his neighbour again about the matter.

16.  DATE OF NEXT MEETING      Wed. 20^th March 2013.

RUSHEN PARISH COMMISSIONERS- THOUSLA CROSS TRUST

Meeting of Trustees held Friday 22^nd February 2013.

MINUTES

Present:  Mr P Gunn, Mr D Radcliffe, Mr D Cain, Mr S Pilling.

Apologies:  Mr P Vernon.

1.  MINUTES.  The Minutes of the Meeting held on 16^th January 2013, having previously been circulated, were taken as read and agreed a true record

2.  MATTERS ARISING  none.

3.  FINANCIAL MATTERS    

Current account         Reserve account     Balances were not available.

4.  CORRESPONDENCE    none.

5.  ANY OTHER BUSINESS     none.

The Meeting closed at 10 16pm.

6.  DATE OF NEXT MEETING

RUSHEN PARISH COMMISSIONERS

Meeting held 7pm Wed. 16^th January 2013 at Ballafesson Hall.

MINUTES.

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

1.  MINUTES

The Minutes held Wednesday 12^th December 2012, having previously been circulated, were taken as read and agreed a true record.

2.  MATTERS ARISING:

a)  DoI/Local Authority Issues

i) Review of the Scope of Government – Independent Report & Scope of Government & Questionnaire for public consultation.  COMIN’s Response to the consultation had been discussed at January’s Tynwald Session.  It was made public on Manx Radio on Monday 7^th Jan.  However, no official information had been received by Local Authorities to say that it had been made public nor any indication as to where to find it on the Government Website.  The Clerk had contacted the Chief Secretary’s Office to ask why this had not been done as Local Authorities are quite a large part of the content of the document. She had been told that ‘there was not enough time or money to contact the individual people who contributed to the consultation’ (i.e. Local Authorities must have been thought to be of no more importance than an individual person).  She had taken them to task about this attitude and had copied in Minister Gawne, Richard Ronan (who had responsibility for LAs and was part of the consultation) and the Local Government Unit.  She had consequently received a copy from the Chief Secretary’s Office and had made copies for all Members.

Members discussed the document and were fully supportive of the need for Central Government to cut down on expenditure with the help of Local Authorities.

ii) Mr Vernon –  The Chairman had been drafting a letter regarding Local Authorities but in view of  the above document he had decided not to go any further with it.

iii) Southern Local Authorities Meeting  – Mr Gunn and the Clerk had attended on the evening of Thursday 10^th Jan.  Kevin Weir from Castletown Chaired the meeting.  Castletown Commissioners had already met with Chris Robertshaw and he answered all their questions.  They had seemed quite impressed with him and his willingness to speak openly with them.  Other Boards were to meet with him in January except for Malew who weren’t seeing him until 21^st February.

The meeting discussed the possibility of a Joint initiative for one Housing Board for the South and all present were to ask their Boards what their views were.   General views were that the setting up of any such Board would have to be in tandem with the DOI and Scope of Government as regards repercussions.  Some Housing Authorities would lose a lot of income from the ‘Administration’ received from the rents.  It was agreed that the possible implementation of a Southern Housing Authority should not be ‘put on the back burner’ again and there was to be another meeting on 11^th February at Castletown of the SLAs to discuss just that – but only if the Boards agree to moving forward.

Also discussed – The Clerk had asked if they had all thought that DoI may put responsibility for the Bring Banks onto Local Authorities.  Malew were looking into having their own bring banks, situated on estates.  These would be for glass and paper and possibly metal.  The intention was to keep some of the heavy rubbish out of the bins and reduce the cost at the EFW.   One of the Members for Castletown suggested that an all-Island Rating Revaluation was overdue and that it should be carried out.  There was support for this.                                   Castletown had problems with a ratepayer wanting to see Minutes of a Private Session.               Also discussed was the cost of disposal at the EfW.  Some of the Local Authority Clerk’s (including RPC)  had queried what the £160 per tonne included but had been unable to get a satisfactory answer.

The Clerk had asked those present if they were concerned about the cost of the Amenity Site.  As they were it was discussed.  The Clerk had pointed out that the SCAS Board were not complying with the Order which was brought in when it was originally set up as a Board in that they are supposed to consult with the Local Authorities involved before doing their Estimate and that the Local Authorities should receive the Estimate by 31^st December so that they could do their own Estimates (which would mean that they could have input into reducing costs or whatever).  The lack of copies of the Audited Accounts being sent to the LAs involved and the accessibility of the Minutes were also mentioned.

Mr Cain said that he was not happy that the Clerk to RPC had asked at the meeting about the Amenity Site as he said that no Members of the Board had complained about it.  The Clerk reminded Members that there is always a legal requirement to abide by Orders which had been approved by Tynwald, including the Amenity Site Order.  That Order declared that the Board of the SCAS had to consult with the Local Authorities involved and then provide their Estimates to them by 31^st December.  None of that was being done.

Mr Roberts, who was presently Clerk to Port St Mary Commissioners, would send out to all LAs present a draft of what he had been instructed to write so that approval could be obtained from the Boards.  There was a draft letter inviting the Clerk to the SCAS Board to the next meeting to discuss the Amenity Site and the Board of RPC approved it being sent.  The Clerk to inform Mr Roberts of this.

iv) Domestic and commercial waste Gate fees from 2013 – increases year on year:-         From 1^st April 2013 it will be £57.35 per tonne for domestic (£130 for commercial       1s April 2014 – £78.35 + indexation   (£148+ index commercial)                                                    1st April 2015 – £99.35 + indexation (£160+ index commercial)                                          1^st April 2016 – £120.35 + indexation (£160+ index commercial)                                         1^st April 2017 – £141.35 + indexation (£160 + index commercial)                                                  1^st April 2018 – £161.35 + indexation (£161.35 + index commercial)

The above contained in letter from John Quayle, Business and Contracts Manager, DOI. ‘Please accept my apology for the delay in advising you of the new gate fee charge for domestic and commercial waste at the EFW Plant and Wrights Pit North.  I can however now confirm that with effect from 1^st April 2013 domestic waste will be charged at £57.35 per tonne and commercial waste charged at £130 per tonne.  In order to assist your further budget setting process the Department can also advise that the gate fee for domestic waste will increase by £21 per tonne per annum plus the indexation charge levied by SITA for the previous year which for 2012 was 2.42%.

v)  Local Authority Borrowing –  letter from Corporate Strategy Division of the Treasury: They had tendered for the Local Authority borrowing facility several years ago and established a preferential rate for all Local Authority loans.  This created a framework arrangement whereby all LAs have access to reasonable bank rates for borrowing to fund housing and rate borne capital schemes.  The framework agreement is about to be re-tendered for a period of five years.  In order to assist with this process they are asking for information:-  1) an indication of your borrowing requirement for next 5 years; 2) any comments on existing arrangements.  They required the information  by 14^th January.

Members agreed that they had no schemes in mind at present for which they would need to borrow.

Members’ Declaration of Interests.   The book was available for updating if necessary.

b)  Southern Area Plan   -

The Modified Final Draft Area Plan and the List of Modifications.

There was no indication yet as to when it would be considered in Tynwald.

Ballakilley Working Party.

c)  Waste Management and Refuse Collection

Jones Services –   Mr Jones had written re the annual increase as per the Contract.  They were asking for 2.9% in accordance with the RPI from 31^st Dec.  (The contract expires at the end of March 2014).  The Clerk had been talking to the Clerk of Arbory about this increase and they had both agreed that the RPI should be 2.5% and the 2.9% included a housing element.  She would contact Mr Jones about this.

Bad debt   This had now been paid.

d)  Lighting/MEA

Ballagawne Road  - trees.  Nothing at present.

Garth Avenue – hedge around light.  As no reply had been received nor anything done to cut back the branches, the Clerk was instructed to send a further letter and this should be by recorded delivery.

Light damaged on Castletown Road.  Invoice received from MEA- £1,816.01 inc 301.67 vat  for replacement 8m column and fitting.   The Clerk had contacted Tower Insurance again (the driver’s insurance) and said that the invoice had been received.  They said to forward it to them and payment was now awaited.

e) High Hedges –

Request from Local Government Unit – Roy Corlett, Manager of the Department’s Legislation and Policy Unit has sent a questionnaire to all LAs with delegated powers to enforce the High Hedges Legislation.  ‘The Scottish Government is looking to introducing a High Hedges (Scotland) Bill and a committee of that parliament (the Local Government and Regeneration Committee) is currently scrutinising the proposed legislation.  The Committee has now contacted the Department to request certain information regarding how many cases the island has dealt with since the Trees and High Hedges Act 2005 became law.  In order that the Department can coordinate its reply I would be grateful if your authority could please confirm the following information no later than Wednesday 16^th January 2013.  We have produced a questionnaire which we would be grateful if you could complete and return by the deadline.’

The Clerk had answered this as best she could as Case Officer, giving relevant information but no names nor indication of addresses.

f)  Traffic & DoI Highways.

Priority for Highways to deal with – Rushen.

Roundels, etc – Ballafesson Road – also sign.   

Ballafesson Road (upper part as far as the Chapel)

The Level/Croit-e-Caley

Glen Chass – sharp corner & turning circle.  Mr Cain said that this was now up.

Cregneash – safety of pedestrians coming to and from the car park to look at the Folk Museum and Village.   A meeting had been asked for by RPC but none had been arranged yet

Junction of Mount Gawne Road and Shore Road -  Mirror This to be taken off the agenda.

Smiley face signs –   Still nothing.

DOI:

Howe Road/Beacon Road/Surby Road.  Mr Cain reported that the drains at the top of the Howe Road and been cleaned out.

g)  Police

Inspector Newey had  moved on to  HQ as a Detective Inspector for the Pro Active unit, including scenes of crime, High tech crime, Intelligence unit, analytical unit and dog support.  Rec. from him by email and copied to Members.

Copy of the  IOM Constabulary Policing Plan 2012-2016 received.  Noted.

h)  Litter, beach cleans, dog fouling, etc

Dog bins.

Signs for Ballafesson and Church Road.

Dogs Byelaws in Rushen.  The Clerk had queried Byelaws with the Local Government Unit.  She had copied Members into their reply and given them a copy of Peel Commissioners and Arbory Commissioners byelaws.  Members were interested in these as no prosecutions could take place without them.  The Clerk was to ask Roy Corlett of Policy and Legislation if proceedings could be taken against someone from evidence obtained from CCTV cameras if byelaws were brought in.

Sign – Ballakeyll.

Beach Cleans –  Beach Buddies  Nothing further from them.

Bring-banks  There had been no complaints about these recently.

h)  Playing field, Howe Car Park.

The shed  .

Swing  & matting & wires   to be left until the field was dry enough to do anything.

Gates for mower access.

Car Park, the Howe.

Footpath from Ballakillowey to Carrick Bay   Reply received from Anna Goldsith, Footpaths – waiting for the return of the Southern Highways Engineer from holiday.  Leave it with them for the time being but she sees no problem – she would cost up a surfacing job and get back to RPC.

j)  Web Site.

Mr Vernon had now put the list of past Chairmen on the Site and members were very pleased that this had been done.  Mr Vernon would carry out more research when he had the time.

k)  Southern Civic Amenity Site Board.

Information received from the SCAS Board – 4^th Jan.  ‘The SCAS Board met last night to discuss estimates for 2013/14.  The following rates were agreed upon and are based on the latest rateable value provided by Mr Grubb.’  Rushen’s contribution for 2013/14 will be £22,519.28 per annum (£5,629,82 per quarter in advance).  ‘At their next meeting at the end of January Members will continue to consider ways of reducing costs possibilities are; introduction of a skip for the disposal for wood as it is cheaper than sending a mixed load to the EFWF, ensuring more waste is recycled and either decreasing the number of Bank Holidays the Site is open or closing on them altogether to lower employment costs.  Mr Wrigley (Waste Manager DOI) has been asked to give an unequivocal definition of what constitutes commercial waste rising from Local Authorities as it may be the case a charge will have to be levied at the commercial rate (est. at £130 per tonne plus Site charge of £35 per tonne as of 1/4/13) for some wastes.  Members will also discuss the issue of accepting green waste from area in the south previously maintained by DOI and now looked after by the Local authorities (if the DOI were to bring in greenwaste then they would be charged for its disposal).  I will be in touch following the meeting on January 31^st 2013.’

The Clerk asked members to note that the Amenity Site Board could not put any further charges on now as LA Estimates have, by statute, to be submitted to DOI by 31^st January and some LAs had already declared their Rate for the forthcoming year.

l)  Municipal Association                                                                                              Induction courses – they had been discussing the possibility of them running these courses.  They would like LAs to suggest subject headings which would be relevant to their Commissioners so that they could collate the suggestions and formulate a programme to be launched during 2013.

Mr Pilling suggested that the LA Handbook could be used as a basis and it could be worked through with whoever was providing the training deciding upon which part should be dealt with per session.

m)  Southern Swimming Pool

Mr Radcliffe said that there had been no meeting in December,

n)  Allotments   nothing further.

o)  Southern Healthcare Committee  Mr Vernon had been unable to attend their last meeting.

p)  Rushen Ambulance     Mr Pilling said that there had been no further meetings.

q)  MNH    

 John Donald Collister Bequest – MNH consultation.   Nothing further.

Lighthouses on the Calf –  Still no reply to letter sent to the Director of MNH.

r)  Risk Assessment   As there were so many meetings for the Clerk to attend in  January – daytime as well as evening – she had delayed contacting him.

Health and Safety –   Letter received from Health & Safety at Work Inspectorate, DoI:   ‘Local Government health and safety responsibilities:  Over the past six months the Health and Safety at Work Inspectorate has worked with a number of parishes and Local Authorities to ensure they are compliant with the occupational health legislation that is relevant to their undertakings.  This work has identified a wide variety in levels of awareness which has, on some occasions, resulted in a failure to manage risks to the health and safety of employees and members of the public to a level that is reasonably practicable (the standard stipulated in Manx health and safety legislation).  In order to ensure that health and safety is given reasonable consideration we are planning a seminar to cover the topics which will typically need to be addressed to Commissioners representing the less densely populated Parishes and Charlotte Geoghegan, the HSWI Support Officer, will be contacting you shortly to establish a suitable date, time and venue.  While we would like to discuss health and safety in general we do intend to hold the seminar in late March or early April to enable discussion of road related safety risks that will need to be considered by those Parishes which deliver services on the TT course and other stretches of road within the Isle of Man that are not covered by a maximum speed limit.  Representation from larger Authorities/Parishes would be very welcome as this will be an excellent opportunity for delegates to ‘compare notes’ and discuss policies and practises that have been found to be effective.  In the meantime please do not hesitate to contact me if you feel we could provide assistance on any health and safety issues that might be of interest or concern to you.’  Bernard Warden, Head of HSWI.

The Clerk said that she would attend the Seminar  when it was organised as it may have relevance to the Refuse Collections contractor.

Land in front of Hillcrest, Cregneash .    It had been too wet to cut this.

t)  Unsightly buildings and land

Oakleigh House, Truggan Road.   The Clerk had written to Mr Brabin again but no reply received yet.

u)  Croit-e-Caley Green – bench and tree.

Stone.   The Clerk had written to Mr Kneen about the Green and had apologised for the delay in writing to him, which was entirely her fault.  This now to be taken off the Agenda.

v)  Agricultural Rating    Nothing further.

w)  Grass Cutting   This was due for renewal/extension in February.  The Clerk said that Mr Booth was extremely helpful and obliging.  Although he wasn’t cutting any grass at the moment she had asked him if he could remove an old wet piece of carpet from Croit-e-Caley Green, which children had been playing with, and take it to the Amenity Site.  He had done this.   It was agreed to offer him an extension of his contract for a further 2 years under the present terms and conditions.

x)  Disaster Recovery Plan

y)  Bus stops. Nothing further.

z)  Zero rating    nothing further

aa)  Planning Committee Meetings

ab)  List of past Chairman  (see j) Web Site)

ac)  Garth Avenue – potholes in pavement  Nothing further.

ad)  Governor’s Visit – 12^th November.  His Excellency The Lieutenant Governor Mr Adam West.  The Clerk had  sent an article to Mel Wright, the Southern Reporter.  Unfortunately none of RPCs photos were of good enough quality to put in the paper.  Letter of thanks from Ballafesson Chapel and Rushen Silver Band for the donations.  This was now to be taken off the Agenda.

Ae) Meayll Booklet   As the Clerk had not had time to do anything about re-doing the page about the Flying Fortress Crash it was suggested the former Commissioners, Mr Adrian Tinkler be asked to do it as he had so much input into the commemoration of the crash.

af)  Rushen Youth Action Group – proposed BMX/Skate park community project.           There seemed to be nothing further on this.  Mr Radcliffe had not been contacted by anyone.

ag)  User Groups – Planning.

The next meeting would be on 24^th Jan at Murray House – this will be ‘Planning – Highways Matters’.  The clerk and Mr Vernon indicated that they would attend.

Ah)  Data Protection  nothing further.

aj)    Christmas Tree   This had been removed and Mr Vernon had cut it up and taken it to the Amenity Site.

Aj)  Housing Review.

Hon. Chris Robertshaw – Minister for Social Care. – Housing Review Findings – The Next Step. 

He was meeting with Rushen Commissioners at 7pm on Monday 21^st Jan.  Members gave the Clerk a list of questions which they may wish to ask Mr Robertshaw.

Housing Meetings with David Tolsen Partnership (consultants).  They were holding two meetings this month:  Options Review and Procurement Project  Wed. 23^rd Jan – 9am at Keyll Darree (3 hours);  also – Housing Needs Project  Thurs 24^th Jan – 9am at Keyll Darree (approx. 1.5 hours). Also a further one on Tuesday 29^th January at Keyll Darree.   The Clerk, as Housing Officer, would attend all of these and Mr Vernon would accompany her as he had attended the Housing Conferences which had been held for several years.

‘Southern Housing Authorities’  - no reply ever received from Douglas Corporation regarding this.

ak)  Unsightly buildings – Juan Watterson  Nothing further.

al)  Changes to public sector rents points calculations & LA Housing allowances.

As this had been done and was part of the general Housing Review this was to be taken off the Agenda as a separate item.

am)  Ballachurry Road, pavement.  Mr Vernon was to speak with Mr Clucas.

an)  Hedge on Ballagawne Road –  Mr Vernon would see to this.

RESPONSIBLE FINANCE OFFICER’S REPORT.

This is available for scrutiny in the Minute Book at the Commissioners’ Office.

8.  CORRESPONDENCE.

a)  Boundary Review Committee.

Consultation  The Boundary Review Committee had produced a map showing proposals for new constituencies for election to the House of Keys,  The aim had been to make them all of roughly the same size as regards population – no Constituency should exceed 15% above or below the average population figure.  They hoped that the map would ‘create excitement and debate amongst the population’. The names on the maps were working titles only and the Committee would welcome suggestions as to possible names to be adopted.  The maps and previous reports could be viewed on the website: www.gov.im/cso/brc.  The Consultation period was from 9^th January 3013 and closing date is 5pm on 20^th February 2013.

Members discussed this and agreed that the proposals were fairer than the existing representation.

b)  Register of Voters – Revisions.  Received.  Valid from 1^st January 2013.    Noted.

c)  Tynwald Annual Report.  Received a copy.    Noted.

d)  Civic Sunday.

Arbory Commissioners Invitation to attend their Civic Sunday at 10.30am on Sunday 3^rd February at Colby Methodist Chapel.  Light refreshments will be served afterwards in the Sunday School Hall.

Mr Vernon would be unable to attend.  Mr Gunn said that he would be pleased to attend.

e)  Douglas Borough Council – Library.

They were offering a service through the Henry Bloom Noble Library to its Members.  In order to download a book a library car and PIN would be required.  ‘By making an annual payment to the Council your authority would facilitate “free” membership for all your Ratepayers as a shared service.  Your residents would then be able to enjoy the following benefits.   Availability 24/7 via the library website, increased access to eBooks for those less mobile, can borrow when its most convenient to them, over 1,200 titles currently available in eBook or audiobook format, etc, etc… The current annual fee was £275 for local authorities with a population of less than 1,500 and £550 for local authorities with a population of over 1,500.  This arrangement had been made possible under the Local Government Act 2006 for local authorities to enter into arrangements for the shared provision of services.

It was felt that, although interested, Members would require more information regarding access.  Also, it was wondered if Port Erin Library may be looking into providing a similar service.

f)  Personal Service Companies – consultation response published.  This is available on www.gov.im/treasury/incometax/consultations.gov?menuid=169188&type=closed.  Noted.

PLANNING MATTERS

9.  PLANNING APPLICATIONS

a)  12/1637.  Graystones, Ballakillowey.  Mr & Mrs J Dawson.  Alterations to dwelling and construction of a two storey extension to create additional bedroom and living accommodation.

Members felt that the design changes from the previous application were an improvement.  However, it was noted that the extensions were still over 50% of the existing.

b)  12/1684.  Kilravock, Shore Road, bay ny Carrickey.  Mr David Corrin.  Demolition of existing dwelling and garage; proposed erection of two replacement semi-detached dwellings with associated parking (these are three storey houses).

Members were of the opinion that this was overdevelopment of this limited site which contained a small single storey wooden bungalow.  The proposed dwellings, being three stories high were too high compared with the neighbouring properties and the design was more in keeping with an urban site.

c)  12/1683.  Clybane, Mount Gawne Road.  Mr & Mrs P Jenkins.  Erection of replacement dwelling; change of use of field access to residential (field no 414179); change of use of part of field 414177 in to residential.                                   No Objections.

d)  13/0007. Rowany Brae, Ballagale Avenue, Surby.  Ms Melanie Whittingham.  Demolition of porch to south elevation; proposed erection of single storey extension to south elevation; proposed lengthening of existing dormer window to south elevations.                   No objections.

d)  12/1703.  Field 410333. Cronk-e-Dhooney, Ballakilpheric.  Mrs K M Crawley,Strathcona, Ballakillowey. Erection of shed on land retained as agricultural land; to store garden tools, ride-on lawnmower and dry hen food.                      No objections.

e)  13/0029,  Cronk My Chree. Ballafesson.  Mrs S Camarda.  Erection of conservatory and break through under window; install double glazed white uPVC door.  No objections.

10.  PLANNING APPROVALS 

a)  12/1553/B  Seafield, Mount Gawne Road.  Mr A Heath.  Alterations and erection of extension to dwelling.  Usual approval conditions.  Decision – Senior Planning Officer.  Issued 4^th January 2013.

b)  12/1558/B.  Arianda, Viking Hill, Ballakillowey Estate.  Mr R Hardy.  Removal of a chimney stack.  Decision – Senior Planning Officer.   Issued 4^th January 2013.

c)  12/1533/B.  6 Bradda View, Ballakillowey.  Mr & Mrs Brindle.  Alterations and erection of an extension to rear elevation of dwelling.  Decision – Senior Planning Officer.  Issued 19^th December 2012.

11.  PLANNING REFUSALS

a)  12/1493/B.  Sunny Mount, The Level.  Mr J O Parkes.  Retrospective application for erection of raised decking.   Reasons for Refusal:-  1. The proposed decking by reason of its size, height, scale and siting would result in overlooking and loss of privacy to the neighbouring properties Thie Aash and Peringa.  It is considered that the decking would adversely affect the amenities of those occupying these properties and therefore would be contrary to General Policy 2 of the Isle of Man Strategic Plan.  2. The proposed decking would result in an intrusion into the countryside which would affect the character of the surrounding landscape which would be contrary to General Policy 2 of the Isle of Man Strategic Plan.   Decision – Planning Committee.  Issued 3^rd January 2013.

12.  PLANNING APPEALS   

DECISION:

a)  12/1068/B Amberwell, Surby Road, Surby.  Mr S Ridge.  Appeal Decision.  The Inquiry was held on 20^th November 2012; site inspection 19^th November,  The Appeal was by Mr Ridge against Refusal for alterations and extension to the dwelling to form ancillary living accommodation, and the widening of a driveway and a vehicular access.      The Inspector’s Assessment and conclusions:  10.  The main consideration is the effect that the proposal would have on the living conditions of the occupants at 63 Garth Avenue, with particular reference to the proximity of the new extension to no. 63 and whether or not it would result in an overbearing effect.  11.  I agree with the Planning Officer’s assessment that the proposed scheme would not have a significant impact on the character of the street-scene or on the property itself.  It is acceptable in principle, being within a designated area of ‘residential use’ under both the isle of Man Development Plan Order 1982 and the Modified Draft Plan for the South.  I consider that it meets the relevant criteria set out in Policy GP2 of the Isle of Man Strategic Plan 2007 relating to respect for the site and surroundings in terms of siting, layout, scale, form design and landscaping and that it does not adversely affect the character of the surrounding townscape.  However, the question is whether or not it would adversely affect the amenities of local residents, namely the occupants at no. 63.  12.  I was able to view the appeal bungalow and site from the east-facing window of the property no. 63 Garth Avenue.  This window is in the gable end of the house and is the only window in this first floor bedroom.  Having been in the bedroom and been able to stand at the window, I share the planning officer’s concerns and those of the current occupants at no. 63 about the proximity of the newly proposed gable of this bedroom window.  Despite being around 4.6m away, from the window the three-dimensional impact of the dormer would, in my view, have an overbearing effect for anyone using the bedroom.  The proximity of the mass and bulk of the new extension would be oppressive and would unacceptably affect the living conditions of the occupants at no. 63.  I agree with the appellant that in terms of the loss of direct sunlight and daylight generally, there would not be a significant impact.  However, the three dimensional physical impact would result in an overbearing feeling for anyone using the bedroom at no. 63.  13.  The appellant has compared the appeal extension to the one immediately to the east of ‘Amberwell’ at ‘Tradewinds’. Here it is stressed that an additional ground floor window was affected at ‘Amberwell’ and that the dormers were approved to both the rear roof and the front.  However, it was established during the Inquiry that the distance between these properties is 5.5m as opposed to the proposed distance of just 4.6m between Amberwell and no. 63 and that the height as Tradewinds is 5.6m as opposed to 6.5m for the proposal at Amberwell.  14.  In my view these difference are significant and I consider that the proposed extension is unacceptable.  I understand and appreciate the need and desire of the appellant’s family to provide independent accommodation and care in the future for Mrs Fairest and that the proposals have the support of DHPP services. However, in my view, this particular proposal which would result in the bulk and massing of the extension having an unacceptable impact on the living conditions or the occupants at no 63 Garth Avenue.  Recommendation  16.  I recommend that the appeal be dismissed and that the decision of the Planning Authority (to refuse approval for alterations and extension to the dwelling to form ancillary living accommodation and widening of a driveway and a vehicular access.. be upheld.   Anthony J Wharton.  Inspector.                                                                               The Minister has considered the report, concurs with the appointed person’s conclusions, and accepts the recommendation that the appeal should be dismissed.   Accordingly, he has directed that the Planning Authority’s Refusal of the application under Article 6 or the Town and Country Planning (Development Procedure) Order 2005 should be confirmed.

TO BE HELD.

a)  12/0875.  Corvalley, Howe Road.  Mr KJ Kniveton.  Appeal against conditions of approval in principle for erection of replacement dwelling.  This will be considered by written representation only and not a hearing.  Received – copies of appeal statements.  If RPC had wanted to respond they had until 29^th December to send 5 collated sets.

REQUESTED.

a)  12/1553/B  Seafield, Mount Gawne Road.  Mr & Mrs A Heath.  Alterations and erection to dwelling house.  This was approved but one of the neighbours had asked for an Appeal.  This was to be considered on written submissions.  6 collated sets of evidence required (if Members wished to support/oppose this) by 4^th Feb.

13.  COMPLETION CERTIFICATES   none

14.  OTHER PLANNING MATTERS  none.

15.  ANY OTHER BUSINESS

a)  Retirement of Michal Kewley, Clerk of Port Erin.

Mr Kewley was retiring as Clerk to Port Erin Commissioners on 1^st February and a letter of good wishes and thanks to him for all his help over the years was to be sent.

16.  DATE OF NEXT MEETING      Wed. 20^th February 2013

As there was no further business for the public session the meeting went into private session at 10.20pm.

Meeting  held 7pm Wed. 12^th December 2012 at Ballafesson Hall.

MINUTES.

Present:  Mr P Vernon (Chairman), Mr P Gunn (Vice-chairman), Mr D Radcliffe,

Mr D Cain, Mr S Pilling.

1.  MINUTES

The Minutes of the Meeting held Wednesday 21^st November 2012, having previously been circulated, were taken as read and agreed a true record.

2.  MATTERS ARISING:

a)  DoI/Local Authority Issues

Review of the Scope of Government – Independent Report & Scope of Government & Questionnaire for public consultation. Nothing further on this at present.

Chief Minister’s statement in Tynwald 16^th Oct.  Part of what he had said was that COMIN was expecting an interim report in December on options for modernisation of local authorities.    Nothing has been heard about this yet.

Mr Vernon –  The Chairman said that he was drafting a letter regarding Local Authorities merging and asking the Chief Minister why and when they would be told.  He would circulate it to all Members for their input.-

Southern Local Authorities Meeting  – The next one would be held in January. Mr Gunn and the Clerk would attend.

Members’ Declaration of Interests -   The Record Book was on the table but there were no updates required.

Questions in Keys and Tynwald by Zac Hall MHK for Onchan.

The Clerk had contacted the three Rushen MHKs about this.  They had been concerned about these type of questions – as are other Members but action could cause problems regarding Freedom of Information. Members had been forwarded their emails.

b)  Southern Area Plan

The Modified Final Draft Area Plan and the List of Modifications.

No word yet as to when it would be considered by Tynwald.  Mr Radcliffe said that the letter to the Planning Office should quote page 2 of the Report.

Ballakilley Working Party.   as above.

c)  Waste Management and Refuse Collection

Jones Services –   nothing new at present.

Commercial & Government refuse –   All had now been paid.

Bad debts      Nothing received yet from resident of Croit-e-Caley.   He had been written to on 3^rd December and been given 30 days to pay or he would be taken to the Small Claims Court without further notification.

d)  Lighting/MEA

Ballagawne Road  – trees.  Nothing at present.

List of lights –   to be kept for reference.

Garth Avenue – hedge around light –  The owner/tenant had not done anything about it yet nor had he contacted the Clerk I reply to her letter.

Light damaged on Castletown Road.  Invoice not received yet.

Light RN050 Fairy Hill.  Received email stating that this light was beyond repair as the fitting is no longer water tight and the control gear had burnt out.  Estimated cost of a replacement fitting was £390 + vat.    The Clerk had circulated the email and received confirmation to get the work done.  Since she had received the quote the MEA had pointed out that this light was on the list for replacing within the next 3-5 years.  The estimate for this was £2,200 plus vat.  Members discussed this and agreed that only the fitting should be replaced – not the column as this may last another two or three years.

Letter received from MEA.  ‘ With the New Year fast approaching we have taken on board comments made by various Commissioners regarding street lighting costs going in to the next financial year.  I’m sure you appreciate that certain costs can only be finalised at the end of the financial year, however, we would like to give you an indication of any cost changes that we currently envisage, in order for you to determine budgets and rates for next year.  2012 has been a challenging year for many businesses and authorities and there are signs that the general financial situation is not yet set to improve significantly.  The MEA remains committed to reviewing its operations and continuing to reduce its operational costs, and our street light department has been no exception.  During the year we have again reviewed not only the equipment used but also our working practises to ensure that you, as the customer, are getting value for money.  It will come as good news that due to our ongoing efforts there is not expected to be any increase in the maintenance rates next year.  We also do not expect that the price per unit of electricity will change going in to 2013 and so your annual streetlight electricity bill is only likely to alter as the number of lighting installations change.  I hope that this information will assist you as you undertake the difficult task of determining the rate for your constituents.  Andrew Cowie, Clients Projects Manager.’

e) High Hedges –  Private session – further development.

f)  Traffic & DoI Highways.

There had been a Traffic Meeting on the morning of Wed. 12^th Dec  which had been attended by Mr Vernon and the Clerk and they gave a report.

Priority for Highways to deal with – Rushen.   Plantation Hill was indicated as being only an aspiration for some time in the future.

Roundels, etc – Ballafesson Road – also sign.   Signs not up yet.  Hugo McKenzie indicated that he had them.

Ballafesson Road (upper part as far as the Chapel)  requiring re-evaluating. It was indicated that DOI would not move the centre line in the road. Cars parking there made no difference to where the centre line should be.

The Level/Croit-e-Caley.    Speed count received – nothing exceptional.

Glen Chass – sharp corner & turning circle.  Cul de Sac sign – Mr McKenzie said that he would chase this up.

Cregneash – safety of pedestrians coming to and from the car park to look at the Folk Museum and Village.   PV and GK had asked if a site meeting could be organised as they did not think that the white lines which had been put down were sufficient to give pedestrians safe access to the village.

Junction of Mount Gawne Road and Shore Road -  Mirror – the Clerk mentioned this and said that a letter had been received from a resident who had been very pleased with it and that some of RPC Members also supported it.  It would remain despite the possibility of it being damaged by the sea during storms..

Smiley face signs –   Still nothing.

DOI:

Howe Road/Beacon Road/Surby Road.  The Clerk had written to DoI – reply received:-  ‘At this time I am not sure that a site meeting is likely to be of much benefit.  I will explain the state of progress is for the areas you identified.  Surby Road – Highways have outstanding order for repairs due to flood damage plus clearing and re-opening ditches.  Drainage have initiated a survey and report that is particularly looking into sewerage problems.  Both Departments are looking to co-operating to improve matters in the area.  Howe Road – An order has been issued for attention to be given to the drains, including Stonycroft, throughout this area.  Beacon Road –  The area has been inspected in action and work ordered to carry out repairs.  There are sections where water should drain off the road which no longer works.  The aim is to return these drains to working order, and carry our works to maintain that work in a vehicle resistant condition where possible.  Unfortunately due to the backlog of work our crews are dealing with I am unable to provide a commencement date for highways work on Surby or Beacon Road.  The drains in Howe Road will be done very shortly.  The survey by Drainage is already underway.  S.E. Knight – Area Maintenance Engineer – South.’

This was noted.

g)  Police

The Clerk had  attended the Meeting on 27^th.  No crime statistics available.  Sergeant Kemp chaired the meeting.

h)  Litter, beach cleans, dog fouling, etc

Dog bins.

Signs for Ballafesson and Church Road.   The Clerk had now printed and laminated these and had given them to Mr Vernon, who had put them up.

Mr Vernon had asked about Dogs Byelaws in Rushen during the November Meeting.  The Clerk had explained that there were none in Rushen but she thought that they were bringing in easier legislation.  She had now asked the Local Government Unit about this.

Sign – Ballakeyll.

Beach Cleans –  Fleshwick.  Nothing further.

Beach Buddies  -   nothing further from them at present.

Bring-banks   The Clerk had not checked them during the past few days.

h)  Playing field, Howe Car Park.

The shed  – nothing further.   It had been too wet to do any of these items.

Swing  & matting & wires  – nothing yet.

Gates for mower access.

Car Park, the Howe.   There were no problems at present.

Footpath from Ballakillowey to Carrick Bay View    The Clerk had written to DoI -  Footpaths  and was awaiting a reply.

j)  Web Site.  Mr Vernon had now updated this.  He had removed the former Member, Mr Tinkler, and had now taken a photo of Mr Pilling to put on it so that it would be up to date.

k)  Southern Civic Amenity Site Board.

Mr Cain said that they had discussed the preliminary Estimates but couldn’t finish them until the cost of refuse disposal was known.  They would hold a further meeting.

l)  Municipal Association

Meeting held on 29^th November.  Report from Mr Gunn.  He said that they had discussed the withdrawal of Induction Training which had been carried out by the Local Government Unit.  The Municipal Association were considering taking this on themselves and organising some training sessions.

m)  Southern Swimming Pool

Mr Radcliffe indicated that there would be no meeting in December.

n)  Allotments   Nothing further.

o)  Southern Healthcare Committee  nothing further.

p)  Rushen Ambulance     nothing further.

q)  MNH   

 John Donald Collister Bequest – MNH consultation.   Nothing further.

Lighthouses on the Calf –  Still no reply to letter sent to the Director of MNH.

r)  Risk Assessment   The Clerk would contact Mr Edwin with regard to updating the Risk Assessment register.

Land in front of Hillcrest, Cregneash .    M Cain said that the weather had been too wet to have this cut.

t)  Unsightly buildings and land

Oakleigh House, Truggan Road.   The Clerk had not yet written to the owner again and she did not think that it had been sold.

u)  Croit-e-Caley Green – bench and tree.

Stone.   A letter to be sent to the Kneen family.

v)  Agricultural Rating    Nothing further.

w)  Grass Cutting   Nothing further.

x)  Disaster Recovery Plan  Nothing.

y)  Bus stops.

Ballachurry Bus Shelter.  Mr Vernon had now painted out the graffiti and was thanked for doing this.

z) Zero rating    nothing further.

aa)  Planning Committee Meetings

The Clerk looked at the Planning Committee’s agenda each month to see if there were any plans in Rushen which may require attendance to hear how the Committee dealt with them.  There had been none of interest that month..

ab)  List of past Chairman

Mr Vernon had been carrying on further research and had found a further six or seven names from old Examiner Year Books which had now been added to the list.

ac)  Garth Avenue – potholes in pavement  Nothing further.

ad)  Governor’s Visit – 12^th November.  His Excellency The Lieutenant Governor Mr Adam West.

Letters from Ballafesson Chapel thanking the Board for the cheque.  Also a letter of thanks from Mr A Tinkler.  The Clerk was to write an article about the Visit for the newspapers and send the photos which she had taken.

Ae) Meayll Booklet   There had been no time to do anything about this.

af)  Rushen Youth Action Group – proposed BMX/Skate park community project.

There had been nothing further from this Group regarding any meetings.  There had been a photo in the paper of the new member of Port Erin Commissioners with their Chairman up at Bradda re the proposed BMX track.  Mr Radcliffe said that he had not been contacted about any meetings.  It was agreed that RPC could contribute towards a BMX track should one be constructed

ag)  User Groups – Planning.

This had been held at 6pm on the evening of 27^th November at Ballafesson Hall .  There were about 20 people present.  The Clerk had copied the information which had been handed out at the end of the session and each Member had been given a copy to keep for reference.

There was to be another User Group meeting re Highways Matters (this was one of the usual sort of meetings which Mr Vernon and the Clerk usually attend).  It would be a workshop and would be held at 4pm on Thursday 24^th January at Murray House.  Only 1 representative to attend if possible.   The Clerk and possibly Mr Vernon to attend.

 Ah)  Data Protection  nothing further.

aj)  Untidy garden – Strawberry Meadows.  To be taken off the Agenda.

aj)    Christmas Tree   

Mr Vernon, Mr Cain and Mr Radcliffe had erected the tree and put the lights on.  They were thanked for doing this.

Ak)  Housing Review.

Hon. Chris Robertshaw – Minister for Social Care. – Housing Review Findings – The Next Step. 

Minister Robertshaw  had indicated that he would like to attend a Meeting, in person to discuss the Review and ‘how we can work in partnership to take it forward’.    Although he would have liked to attend at the start of one of the monthly meetings the Clerk had persuaded his secretary that RPC would prefer a separate meeting and she had contacted all Members with his preferred dates. It had subsequently been agreed to be held on Monday 21^st January 2012 at Ballafesson Hall.

Housing Meeting with David Tolsen Partnership (consultants).  This had been held on 27^th November and was for Housing Managers only (no political members).  The Clerk had been unable to attend as she had a long-standing hospital appointment but she asked for the documents from it and also the slide presentation -  which she had received and given copies to each Member to read and keep in readiness for the meeting with Mr Robertshaw.  David Tolsen Partnership had asked for another two meeting of the Housing Authorities and these would be grouped – Rushen being with Port Erin, Castletown, Malew and Port St Mary.  It was not yet known when these would be held.

‘Southern Housing Authorities’  – no reply ever received from Douglas Corporation regarding this.

al)  Unsightly buildings – Juan Watterson

The Clerk had sent him RPC’s views on this.

am)  Changes to public sector rents points calculations & LA Housing allowances.

The Clerk had carried this out and informed Members that the only addition to be taken into the points was the large enclosed garden at the rear of each property.  She had submitted the projection for the Deficiency requirement for the forthcoming year.

an)  Port St Mary Commissioners – beach cleaner.

Mr Vernon had been to see the demonstration of this and reported that it would be suitable only for sandy beaches – not for any in Rushen as they were stony rather than sandy..

ao)  Christmas Meal.  5^th January at The Shore – 7 for 7 30pm.  Mr Vernon had booked it and said that Members would need to pre-order.  He would email the menus.

RESPONSIBLE FINANCE OFFICER’S REPORT.

This can be viewed at the Commissioners’ Office.

8.  CORRESPONDENCE,

a)  Rateable Value for the Parish as at 1^st December 2012.

Certificate received – the rateable value total required to calculate our yearly estimates is       RV £123,343.  (list including agricultural hereditaments is £139,450).   Noted.

b)  Ballafesson Methodist Church.

Letter from Jean Wilkinson, Church Council Secretary with list of Christmas events:  19^th Dec. at 7.30pm they are holding their mid week Carol Service.  They were hoping to include people who use the hall and they are inviting them to read a lesson.  They would be pleased if a member of Rushen Commissioners would consider taking part.  Mr Radcliffe was nominated to do this.

c)  Southlands.

Invitation to join the residents and friends on Christmas morning at 11am for carols around the Christmas Tree, with Rushen Silver Band.  RSVP.  There was no indication from Members whether they would be attending.

d)  Port St Mary Commissioners – Christmas Celebration.

Invitation to attend 7 30pm Friday 7^th Dec. at the Town Hall.  Doors open at 6 30pm  (fwd 26/11).   Members would have replied personally if they had attended.

e)  consultation – DoI – Vehicle Roadworthiness.

This is to find out if there is support for introducing testing of vehicles at various ages.  Questionnaire and explanatory information can be found on:  www.gov.im/ConsultationDetail.gov?id=352.   It was agreed that this should be the subject of personal submissions only.

PLANNING MATTERS

9.  PLANNING APPLICATIONS

a)  12/1493. Sunnymount, The Level.  Mr D Parkes.  RETROSPECTIVE.  Erection of decking to cover a previously paved area of raised ground to the rear of property, including replacement of a retaining wall of poor quality.   There was a site visit on Saturday24th.  Due to what Local Authorities had been asked to do at the planning meeting i.e. give more information rather than just ‘approved’ or ‘not approved’ the Clerk had drafted the submission and circulated to all Members before sending in.  Whilst stating that RPC did not object to the application it had been stated that due to the application being retrospective and the decking already built it had been impossible to know what height the land underneath had been, especially with regard to overlooking the neighbours – no comparisons could be made.

Email from Mr Holgate, Peringa, The Level.  Disappointed that RPC were not objecting to the PA.  .

b)  12/1533.  6 Bradda View, Ballakillowey.  Mr & Mrs Brindle.  Extension to rear and demolition of existing sun lounge.                         No objections.

c)  12/1553.  Seafield, Mount Gawne Road.  Mr & Mrs A Heath.  Remove existing flat roof annexe to rear; build new kitchen, utility extension with bedroom over including flat plate solar collector to roof; addition of four roof-lights to east elevation of existing roof and re-render existing house in smooth painted render.    No objections.

d)  12/1558.  Arianda, Viking Hill, Ballakillowey.  Mr R Hardy.  Take down existing chimney stack due to damp problems internally.            No objections.

10.  PLANNING APPROVALS 

a)  12/1365.  4 Grenea Cottages, Shore Road.  Patricia Linnane.  Erection of two storey extension to side elevation incorporating a car port, single storey extension to rear elevation, removal of rear workshop and widening of vehicular access.

11.  PLANNING REFUSALS   none

12.  PLANNING APPEALS   none

13.  COMPLETION CERTIFICATES   none

14.  OTHER PLANNING MATTERS 

a)  Graystones, Ballakillowey.  Samson Designs.

The architects had sent draft plans for perusal prior to them submitting the actual plans to the Office of Planning.  Members had a look at these and felt that the extension was probably too large as it seemed to exceed the 50%.

15.  ANY OTHER BUSINESS

a)  Ballachurry Road, pavement.

A person who walks her dog along there, mainly in the dark at present, had complained to the Clerk about the briars and nettles coming out of the hedge.  They were hard to see in the dark and sometimes she had to walk in the road to avoid them (dangerous on this quite fast road).  Mr Vernon said that he had been speaking with the owner of the hedge, Mr Clucas, and he had indicated that he was in the process of cutting this back.

b)  Hedge on Ballagawne Road –  Mr Vernon asked if the Clerk could contact Highways to cut back the hedge on the field next to the former Level Garage site.

c)  Wind Farms.  Mr Vernon had attended the presentation at Mount Tabor and had spoken with one of the presentation team.

16.  DATE OF NEXT MEETING      Wed. 16^th January  2013.

The meeting then went into private session at 9 20pm.

The visit also included, upon the kind invitation of Mr & Mrs David Gawne, a tour round Kentrough  house and gardens.

Lunch was provided in the Ballafesson hall where the Governor met some local people from the Parish of Rushen and was presented with a framed map of the parish by the Chairman, Peter Vernon

The Governor was then taken to visit Moorehouse farm, by kind invitation of Paul Costain, who drove the Governor “off road” over Bradda Head.

Meeting held 7pm Wed. 21^st November 2012 at Ballafesson Hall.

MINUTES.

Present:  Mr Peter Vernon (Chairman), Mr Peter Gunn (Vice-Chairman), Mr David Radcliffe, Mr Derek Cain, Mr Stanley Pilling.

1.  MINUTES

The Minutes of the Meeting held Wednesday 17^th October 2012, having previously been circulated, were taken as read, agreed a true record and approved for signing.

2.  MATTERS ARISING:

a)  DoI/Local Authority Issues

Review of the Scope of Government – Independent Report & Scope of Government & Questionnaire for public consultation. Nothing further on this at present.

Chief Minister’s statement in Tynwald 16^th Oct.  Part of what he had said was that COMIN was expecting an interim report in December on options for modernisation of local authorities.  Members presumed that this would be out in December.

Southern Local Authorities Meeting  – The next one was to be held in January.  Mr Gunn and the Clerk were to attend this.

Members’ Declaration of Interests -   the Record book was on the table but there were no new entries required.

Letter from Local Government Unit:-‘Members Interests – personal and public.   The Clerk had replied to this.

Training for New Members –  The Clerk had written to the Local Government Unit with the Members opinions on the Induction training being stopped..  Reply received from Richard Ronan:-  ‘Further to Mrs Craig’s letter dated 2^nd October and  in response to correspondence received from three Local Authorities, I would like to reiterate that the Department is not in a position to provide Local Authority Induction training for members and officers.  Please be aware that this decision was not taken lightly.  It was based on a number of factors including late cancellations and poor attendance at previous training events, (despite having received confirmation that Local Authority members and officers would, in fact, be in attendance); and ongoing budgetary constraints.  Having considered the matter I am of the opinion that this is a function which Local Authorities should be looking to carry out themselves, particularly as this will provide the opportunity for training to be tailored to individual and specific needs and according to the differing functions which authorities perform.  I can confirm that the necessary guidance documents and main items of legislation, which members and officers need in order to have an awareness and understanding of the role and responsibilities of Local Authorities, can be easily accessed via the Department’s website as follows:  www.gov.im/transport/msd/corporate/local/.  I would also like to point our that should Local Authorities wish to organise and run a joint training course themselves, then the Department’s Local Government & Legislation Unit would, I am sure, be happy to attend and discuss areas of interest, legislation and governance e.g. Legislation governing Local Authorities, such as the Local Government Act 1985.  Please be assured that the Local government Unit will continue to produce and update guidance for Local Authorities, and are available to assist with any queries you may have.’ R Ronan MHK.

Questions in Keys and Tynwald by Zac Hall MHK for Onchan.  (Members had been given copies of these and the Clerk urged them to keep them for future reference regarding the Scope of Government, etc as the answers given to him were included)

ZAC HALL MHK – ASKED IN TYNWALD IN OCTOBER: – What financial evidence the Minister of DOI has that there are economies of scale from amalgamating local authorities, and that local authorities are more efficient than government bodies in delivering some services; how many staff there are, broken down by each of the 24 LAs, with annual compensation including pension contributions and other benefits; and which services are provided by each of the 24 LAs.

ALL OF THE BELOW HE ASKED IN KEYS ON 30^th OCTOBER FOR WRITTEN ANSWER.

He had been asking the Local Government Unit  and Minister for Infrastructure for various pieces of information at quite short notice. He had been asking, amongst other things, how much was spent on capital financing, wages, benefits and pension fund contributions of management and staff, allowances and other benefits to Commissioners and what proportion each represents of the rates collected, broken down by each of the 24 LAs for financial year 2011012.  Local Government Unit told him that he could find that information from Local Authorities’ accounts  once they had been before Tynwald in Feb/March 2013.

He also asked which LAs have not registered their land and buildings with the land registry and why not, whether absence of registration would be an impediment to any restructuring of LAs,  and how much would it cost, and how long it would take, for each LA to establish what real property it owns so that it could be transferred to another legal entity.

He also asked the approximate value of capital financing or borrowing for i) housing, ii) other rate borne borrowing, and what proportion of the debt is a) and IOM Bank loan and b) repayable in more than 5 years;  Also asked the value of  pension fund liability, general revenue balance, revaluation reserve,  local authority dwellings, land and buildings, other operational assets and non-operational assets – all as at 31^st March 2012, broken down by each of the Island’s local authorities.

He also asked what weight of household waste was carried and offloaded by each refuse vehicle at every turnaround as a comparison to the maximum allowable gross weight of waste that is permitted to be carried by each vehicle in each of the past 6 months; and how this compares to the same period in 2010 and 2011, broken down by each local authority.           He also asked how many dilapidated properties there are in each LA area, what percentage are unoccupied, what percentage are owned by i) landlords, ii) owner-occupiers, iii) housing authorities and iv) estates of deceased persons;  which bodies already have power and resources to encourage or force their repair and improvement, how the LAs have used their powers and resources to force repairs to be made and what assessment, if any, has been made of their effectiveness in using them; and what support to local agencies he had considered.

The Clerk pointed out that this was a large amount of work for the Local Government Unit and also for local authorities who have been asked to provide some of the information.

The Clerk was requested to write to the three Rushen MHKs pointing out the extra work load for the Local government Unit and Local Authorities and asking if anything could be done about it.

b)  Southern Area Plan

The Modified Final Draft Area Plan and the List of Modifications.

The letter had been written based on Mr Radcliffe’s draft – forwarded to Members.  Mr Radcliffe was to make a few minor changes.  It was not known yet when the Southern Area Plan would be put before Tynwald.  It was agreed that a letter should be sent to the Planning Office and then the ones to the MHKs would be sent when there was an indication that the Southern Plan would be before Tynwald.  Mr Radcliffe asked if Members would be prepared to go to Tynwald on the day.  All agreed.

 Ballakilley Working Party.  as above. A copy of the letter to be sent to them.

c)  Waste Management and Refuse Collection

Jones Services –   nothing new at present.

Commercial & Government refuse –   All had been paid with the exception of one which, it was hoped, would be paid shortly.

Bad debts       One of the debts had been paid but the resident of Croit-e-Caley had been to see the Clerk complaining about having to pay and citing reasons why he shouldn’t.  The Clerk had said she couldn’t change the rules and gave him the Chairman’s address as he said he wanted to talk to him about it.   The Clerk was instructed to write to him to give him 30 days to settle the debt or he would be taken to the Small claims court without any further communication.

d)  Lighting/MEA

Information request from the Deputy Head of Information Service of Tynwald.

She had been asked by a member of Tynwald to provide a cumulative total of the energy bills of all the Local Authorities (including swimming pools, housing, etc) in the Isle of Man.  The information has been requested for the British-Irish Parliamentary Assembly.  She had the total lighting cost from our 2010/11 accounts but the Clerk had given her the public lighting costs from 2011/12 accounts plus the heat and light cost for the office.  She had also asked her which Member had asked for this and of what interest would it be to the British-Irish Assembly.  It was not known why they wanted the information.

Ballagawne Road  – trees.  The Clerk said that she would contact Ian Gilbertson again to see what would be done.

Light at the bottom of Mount Gawne road.  No further complaints. To be taken off agenda.

List of lights –   this was being kept as a reference.  (Mr Pilling to be given a complete list of all the lights in the Parish).

Garth Avenue – hedge around light –  The Clerk had written to the occupier of the property concerned. No reply received.

Light at Corvalley Farm, The Howe – MEA says that it  did not need replacing at the moment it was on the list for replacement in 2/3 years time.

Light at Viking Close – RN101.   This had been reported by MEA to be no longer water tight and the column badly corroded. ( It was on the list they had sent for replacement in the next year)  They recommend a new 6m column and fitting which was agreed at the last meeting.  There has been a complaint about the height and that it was shining in the gardens of the houses in the Close.  MEA said that it was only 1m higher and was what was being put in such areas now.

Light damaged on Castletown Road.  (the Clerk had kept Members informed of this by copying them into all the emails)  She had been informed by MEA, the day after the accident that one of RPC’s columns on Castletown Road had been damaged in a traffic incident. She contacted the Police and was put through to the control Room at Douglas. She was given information about the driver and his insurance and she contacted him.  He was very cooperative.  The Clerk had then contacted his Insurance Company to let them know that this light was RPC’s and gave them the MEA’s estimate of cost of work required.  After consulting with Members she had given the MEA instructions to carry out the work – which had been completed.  The invoice from the MEA was awaited so that it could be forwarded to RPC.

The Southern Police eventually contacted her about it more than a week later, after contacting Port St Mary Commissioners first.

e) High Hedges –  Private session.

f)  Traffic

Priority for Highways to deal with – Rushen.  Nothing further.

Roundels, etc – Ballafesson Road – also sign.   Signs not up yet.

Ballafesson Road (upper part as far as the Chapel)  requiring re-evaluating.  Nothing further.

Plantation Hill.  – Danger to pedestrians, etc on hill.

The Level/Croit-e-Caley.   New 30mph signs – they have had a speed counter down there.

Glen Chass – sharp corner & turning circle.  Cul de Sac sign had not been installed.

Cregneash – safety of pedestrians coming to and from the car park to look at the Folk Museum and Village.  The Clerk and Chairman had looked at the new lining which had been put in and thought it ineffective and not what had been expected when they had requested something be done in October 2011.   It was agreed that the Clerk should write to Highways and MNH about this matter.

Junction of Mount Gawne Road and Shore Road -  Mirror – the Clerk asked if Members felt that this should be taken away. Highways and the Police considered it dangerous but the Clerk had received a phone call from a resident of Ballakillowey saying they thought it was helpful.  Members thought that it should stay.

Smiley face signs –   Still nothing.

Howe Road – resurfacing/potholes.  – reply from Highways – R Pearson, Director:-  ‘This season DOI is repairing potholes generally.  When roads are to be surface dressed patching and repairs are carried out in the previous year.  Then in the year of dressing any winter damage will be dealt with.  This year, with dwindling resources and the wettest summer in 142 years, completion on Howe Road was a major achievement for the Department.  The few potholes which were missed are negligible and have been waterproofed by the road treatment.  Overall the Howe Road treatment has gone in well and has avoided problems with excessive rain.’

Mr Vernon and Mr Cain had concerns about the state of some roads with regard to flooding – in particular Mr Vernon said that the whole of Surby Road should be looked at with regard to water not going into ditches and coming off fields and running down the road;  Mr Cain was concerned about Howe Road – it need the gulley sucker to clean out the drains by Stoneycroft. Also the Beacon Road at Cregneash was running in water.  The Clerk was to arrange a site meeting with someone from Highways in an attempt to solve these problems.

g)  Police

The Clerk had not been able to attend the meeting on 30^th October but sent apologies and informed them that the Governor would be in the Parish on 12^th and that cones were required at the Hall.

h)  Litter, beach cleans, dog fouling, etc

Dog bins.

Email from Mr Norbury re dog fouling on pavement from Church to Rushen School.  The Clerk had replied with information on the dog bins which were available on that road.

Ballafesson Corner – the pavement between the Chapel and the junction with Surby Road was often badly affected with dog fouling.  The Clerk was to print out a laminated sign for here and church Road which would be put on wooden posts.  Arbory Commissioners were to be asked if they had a CCTV camera as it was thought that they had used one in the play area when there was a problem there.   The clerk was to get signs from the Workshop for the Disabled.

Signs –  Mrs Bottomly from 8 Ballakeyll would like a new sign on Ballakeyll.  The present one ‘is very dirty and shabby’  .  She asked if this could be replaced and one also put the other side so that it can be identified in both directions.  She also pointed out that there was only one light at the bottom and the road was very dark in winter months.  She felt that the estate would benefit from an extra light if that was possible.

Members agreed to replace the one sign but that there would be no light – from experience most people did not like lights shining in their windows.

Beach Cleans –  none at present an email from ‘Sarah’? about Fleshwick having lots of rubbish on it.  The Clerk had replied to her that Fleshwick had been cleaned only a few weeks previously by Beach Buddies.

Beach Buddies  -   nothing further from them at present.

Bring-banks –  the Clerk had been keeping an eye on them and reported that they were not full at present as she had looked at them that day.

h)  Playing field, Howe Car Park.

The shed  – nothing further.

Swing  & matting & wires  – nothing yet.

Gates for mower access.   Mr Radcliffe had looked at these and oiled them but he said that they needed adjusting or possibly replacing.  He would see to this.

Car Park, the Howe. Nothing at present.

Footpath from Ballakillowey to Carrick Bay View  – the Clerk had not yet written to ‘Footpaths’ about this.

j)  Web Site.  Mr Vernon would be updating it as soon as the Clerk had sent him the Minutes.

k)  Southern Civic Amenity Site.

They had made a few changes to the site due to the Traffic Management Risk Assessment which had been carried out recently.

Also – they had decided to close the Site at 4pm on a Saturday and Sunday during the winter period/darker nights.  The gates shut 5 minutes beforehand to allow anyone on the Site to finish unloading.

l)  Municipal Association

Mr Gunn had attended the October Meeting and reported that the Scope of Government document had been discussed.  All Member Authorities had put in their views to them.

m)  Southern Swimming Pool

Mr Radcliffe had attended the meeting the previous Thursday evening.  There was nothing of significance to report.

n)  Allotments   Nothing further.

o)  Southern Healthcare Committee  Mr Vernon had been off-Island so had not attended.

p)  Rushen Ambulance

Mr Pilling had attended  the AGM and gave a report on this.  He gave the Clerk a copy of his report which he had typed out.  He said that there was poor attendance, possibly in part of the Southern Healthcare Committee Meeting being held the same night.  He said that they intended putting defibrillators around various places on the Island and were asking for donations towards the costs.  They would also need to buy a new ambulance.  He reported that there was £480,000 in their funds.

q)  MNH

 John Donald Collister Bequest – MNH consultation.   Noting further.

Lighthouses on the Calf –  Still no reply to letter sent to the Director of MNH.  It was agreed to wait for a reply.  Mr Radcliffe said that it would be an ideal opportunity to get something done as it would be the anniversary of them being built on 1^st February 1816.

r)  Risk Assessment    Mr Edwin – now that Mr Vernon was back from holiday the Clerk said she would contact Mr Edwin.

Land in front of Hillcrest, Cregneash .  Mr Cain had asked David Cooil to cut it but the weather had been against this.

t)  Unsightly buildings and land

Oakleigh House, Truggan Road.  Complaint from neighbours about the state of the property.   The Clerk said that she didn’t know if it had been sold.   The Clerk was to write to the owner once again to see what the situation was.

u)  Croit-e-Caley Green – bench and tree.

Stone.   The Clerk was to write to Mr A Kneen regarding this.

v)  Agricultural Rating    Nothing further.

w)  Grass Cutting

Pic-nic Site, Ballakillowey.     .The whole area had now been cut again in readiness for the winter.

x)  Disaster Recovery Plan

y)  Bus stops.

Ballachurry Bus Shelter.  Mr Vernon said that he would paint out the small amount of graffiti which had appeared and would paint the woodwork when the weather conditions were right.  He was thanked for doing this.

z) Zero rated properties     nothing further from the Government Valuer yet but RPC’s letter has been passed on to him

aa)  Planning Committee Meetings  nothing further

ab)  List of past Chairman.  Mr Vernon indicated that he would look further into this to see if he could find out any who were not on the list.

ac)  Garth Avenue – potholes in pavement

Mr Pilling indicated that there was no improvement.

ad)  Governor’s Visit – 12^th November.  His Excellency The Lieutenant Governor Mr Adam West.

His Excellency had been accompanied by his Private Secretary, Mrs Pescodd.

His Excellency was late arriving as he had to attend an urgent meeting – he arrived at 10.40 instead of 10.15.

The visit had started at Rushen Silver Band Bandroom and HE where their Chairman, Tom Sinden, showed his around and explained about the Band in general and especially about the young people in the band.  Teas and coffee had been provided.

The Official \Party then went to Kentraugh House where they were shown around part of the house and the gardens by Mr and Mrs David Gawne, the owners. Everyone found this very interesting.

They all then went to Ballafesson Hall for a light lunch and this was an opportunity for invited residents to meet and talk to  HE. The invited residents seemed to have appreciated His Excellency coming round the tables at the Hall and speaking with them.  There was ample food and the ladies of the Chapel and some of the wives of the Commissioners helped serve the cups of tea.

His Excellency then went to Moorhouse Farm accompanied by Mr Vernon and Mr Gunn.  Messrs H and P Costain took them up to land on Bradda Hill, part of their farming enterprise, and then they showed him some of their cattle in the sheds on the farmyard.

The Chairman had received a letter of thanks from His Excellency and the Clerk had a copy for the files.  He indicated that he had also sent letters to Mr and Mrs Gawne and Mr P Costain and asked for his thanks to be passed on to the Members of Rushen Band.

The Clerk reminded Members that letters of thanks would need to be sent from RPC – to the Band, and Mr & Mrs Gawne (flowers were to be sent to Mrs Gawne and Mr Vernon would organise this).  A letter of thanks also to be sent to Mr Paul Costain of Moorhouse.

It was agreed that a letter of thanks be sent to Ballafesson Chapel for the use of the hall with a cheque for £100.  Also, with the letter to the Band a cheque for £50 was to be sent towards their funds.

Everyone had been pleased at how the day went and the Clerk was thanked for organising it.  Mr Vernon gave her a bouquet of flowers with which she was very pleased.

Ae) Meayll Booklet   The Clerk had still not had time to do this.

af)  Rushen Youth Action Group – proposed BMX/Skate park community project.

There had been nothing further from this Group regarding any meetings.

ag)  User Groups – Planning.

This was to be held on the evening of 27^th November at Ballafesson Hall,  RPC would be organising the setting up of the tables & providing tea and biscuits.  Mr Vernon and Mr Pilling would set up the chairs and tables.

 Ah)  Data Protection

ai)  Isle of Man Employers Federation.  Nothing further – this was to be taken off the Agenda.

aj)  Untidy garden – Strawberry Meadows.  This had been left until Mr Vernon returned.

ak)    Christmas Tree   The tree  had been ordered to arrive at the Church on 7^th December.  The Clerk asked if the lights were still working.  Mr Vernon, Mr Radcliffe and Mr Cain would put the tree up on the Saturday.

al)  consultation – Criminal Justice Strategy.

The Clerk had sent in the completed questionnaire online.

am) Consultation on Introduction of Fees for Planning Appeals.The Clerk had written indicating Members’ views.  The letter had been acknowledged.

An)  Housing Review.

Letter from Chris Robertshaw – Minister for Social Care. – Housing Review Findings – The Next Step.  (Members had been given a copy)

Mr Robertshaw  would like to attend a Meeting, in person to discuss the Review and how we can work in partnership to take it forward.   There are a number of key areas of work required to inform future policy change in Public Sector Housing.  The next steps for DSC is to work up the detail behind five key policy areas:

• Housing Need – to identify future needs
• Older persons Housing – looking at provision of suitable accommodation for an aging population
• Procurement – looking to reduce costs associated with construction and repairs and maintenance
• Affordable Housing Option – helping first time buyers and those outside public sector to access decent accommodation
• Option Appraisal for a Unified Housing Body – developing a financially sustainable, cost effective and consistent quality housing service across the Island to meet increasing need.

It was agreed that RPC should meet with him and this should be at a separate meeting to the usually monthly meeting.  The Clerk was to suggest some time in January.

‘Southern Housing Authorities’  The Clerk reported that it seemed that there was a meeting called in early October by Onchan Commissioners at their office to discuss a strategy for LAs re the proposals mentioned in the Review.  She didn’t know about it so didn’t go nor did anyone else from Rushen.  It seems that Jason Roberts, Clerk of PSM was nominated (in his absence) to do the administration and to represent  the’ Southern  Housing Authorities.’  He seemed to be doing the admin for all the Housing Authorities as he had drafted a submission ‘for consideration and approval of all housing authorities’ (copies had been given to all Members and all the emails).  He seemed to have attended a meeting with Douglas Corporation ‘on behalf of the Southern Housing Authorities’

The Clerk had taken him and the person in Douglas Corporation to task – pointing out that this group and Jason Roberts did not represent Rushen Parish Commissioners until they had given him permission to do so.

The Clerk asked if Members wanted to be part of this group and have this ‘representation’ but had asked if they would read the draft ‘Joint Response to the Isle of Man Government’s Review of affordable Housing Provision on the Island’ – a ‘Combined Housing Authorities Communication’ before making any decisions.  Members felt that as this was the first opportunity to read this draft and they had not been part of any meeting to discuss the enclosed matters they could not be part of the ‘Southern Housing Authorities’ group.  They felt that their views would depend upon what the Government would come up with and they couldn’t discuss it until after meeting with Mr Robertshaw.  It was also to be indicated that neither this Group nor the Clerk of Port St Mary represented Rushen Parish Commissioners.  They would, however, send representation to future meetings if invited.

RESPONSIBLE FINANCE OFFICER’S REPORT.

This can be read at the office of the Commissioners  – by contacting the Clerk.

ESTIMATES for 2013/14.  The Clerk reminded Members that it was time to be thinking of the budget for 2013/14.  There had been no indication from DoI regarding the refuse disposal charge – she thought that they would be making a substantial increase.  She had mentioned in past years that they should be thinking about making the ‘Refuse Charge’ on the Rates invoices a set amount per household to cover all of the collection and disposal charges.  At present it was only the disposal charge made on the rates bills.  It seemed a fair charge as everyone has one bin which gets collected fortnightly and anyone with an extra bin pays for the extra disposal.  She didn’t think that the Amenity Site charges should be included in this – not everyone used it and it was very expensive ( a rise in disposal charges would also going to affect the Amenity Site cost). Also people were paying extra to dispose of some of their rubbish there.  What Members needed to consider was anything extra they would like to undertake – if Central Government wanted LAs to take anything on they were leaving it a bit late for them to budget for such extras.

She offered to do calculations regarding how much the total refuse charge could cost..

8.  CORRESPONDENCE,

a)  Unsightly buildings – Juan Watterson

Hon. Juan Watterson MHK had produced a paper on the improvements he felt were required for dealing with unsightly properties (received by email and copied to Members 7/11  also copy enclosed with agenda).  He requested comments be sent back to him so that he can ‘get a full version out by the end of the month’

Members felt that his document was too far-reaching and they did not want to go through each paragraph with suggestions.  They felt that urban and rural areas required different standards.  They did, however, feel that it was important to alter ‘zero rating’ as often the properties which were causing problems had been zero rated.  This gave no incentive to owners to do anything to maintain their properties.

b)  Changes to public sector rents points calculations & LA Housing allowances.

Letter received from Hon. Chris Robertshaw, Minister for Social Care. (copy enclosed).    Housing deficiency is paid to LAs by Social Care and they review the levels of rent and of the maintenance and administration levels allowed to LAs.  Public sector rents on IOM are calculated using a pointing formula.  The current formula is outdated and fails to capture the effects of the substantial investment and improvement that has been achieved in the public sector in recent years.  This year the formula has been revised to take account of this investment, including highly valued amenities such as off road parking, large private gardens, etc in addition to the amenity value provided by new build housing and major refurbishment….. The revised rents, using a modern formula capture the true amenity value of a property and allows the rent to more fairly reflect the size of the property and amenity value available to the tenant i.e. those have more would pay more….. The Department has taken the opportunity to combine the requirement to set the annual public sector rent increase with amendments to the rent pointing formula to provide an equitable method of targeted charges based on a properties amenity value.  The new rent pointing formula is to be applied to all public sector housing from April 2013.  As the underlying formula has not changed significantly it should be possible to re-point by adding the additional points where applicable rather that by undertaking a major re-pointing exercise.                           In addition to this formula change COMIN has approved the annual increase in public sector rents with effect from 1 April 2013 will be CPI Inflation rate of 1.8%. The rent point value therefore increase from 1.1683 to 1.1893.                                                                                   There are also changes to the allowances:- Maintenance to remain at present monetary value with a 1.8% increase for inflation;  The 7.5% Administration allowance to remain at present monetary value with no increase for inflation;  The 10% community allowance  paid to sheltered housing authorities to remain the same monetary value with a 1.8% increase for inflation.                                                                                                                               This proposal sets a firm basis on which to base future rent increases, which have been identified as required at a minimum of 10% plus inflation in future years.  The Department is in the process of developing a fair and equitable charging policy which will be brought forward to COMIN and Local Housing Authorities in due course. ‘Based on the above criteria the Department would like you to calculate your housing deficiency claims for 2013-14 and submit these by 30^th November 2012 to ensure adequate funding is provided in their budgets for next year.

The said that the calculations list was what she had to use to work out the re-pointing of RPC’s houses.  She would do the calculations and send them in by the required time.

d)  Port Erin Commissioners Carol Service.

Invitation to attend Port Erin Commissioners’ Carol Service at St Catherine’s Church at 7pm  on Thursday 20^th December at 7pm.  Mince pies and punch will be served in the Church Hall afterwards.

e)  Walkways – DoI.

A letter received from Director of Highways re Walkways including a memorandum providing guidance on the creation of walkways and on related matters.  Walkways are the subject of section 32B of the Highways Act 1986 as inserted by section 40 . of the Road Traffic and Highways (Miscellaneous Amendments) Act 2012, which came into operation on 1^st August. They are created when a local authority, after consultation with the Document, enters into a walkway agreement with a building owner – for the provision of ways over, through or under parts of a building, or a building when constructed, as the case may be, or parts of any structure (such as a balcony or footbridge) attached, or to be attached, to the building and,  for the dedication by the building owner of these ways as walkways. A Walkway is a new kind of highway over which the public have a right of way on foot only, but subject to such limitations and conditions affecting that right of way as may be specified in a walkway agreement…….The types of building in which it will be most suitable to create walkways are blocks of flats or comprehensive shopping developments….    There was a lot more and also the memorandum. The Clerk could supply copies if Members required but this was not thought to be very relevant to Rushen at the moment.

f)  Public Telephone, Ballakilpheric.

Letter from Manx Telecom:  Following a review it has been identified that the public payphone at Ballakilpheric has taken less than £2 over the past twelve months.  In accordance with their guidelines they give notice of their intention to permanently remove this payphone.   This was noted.

g)  Flooding.

Copy of a letter sent by Mr W. O’Connell, Viking Hill to the Minister for DoI, Mr Cretney.  This was with regard to flooding problems affecting Viking Hill.    This was noted.

h)  Walney Island Offshore Wind Farm – notice of supplementary documents.

Received by email and copied to Members 25/10.  Supplementary documents had been sent.  They would also be made available to view free of charge at the local information points from Friday 26^th October to Friday 23rd November 2012.  They invited comments on the documents by 23^rd November.  Details of the Project consultation would be provided in the Consultation Report which will accompany the final application to the Planning Inspectorate.  Feedback and comments can be sent to: DONG Energy Walney Extension (UK) Ltd, 33 Grosvenor Place, London SW1X 7HY.   This was noted.

i)  consultation – Proposals for Changes to the Legal Quantities for Sales of Intoxicating Liquor.

OFT would welcome any comments you wish to make on the proposals.  Electronic copies of the consultation document and a link to an online survey are available on the OFT’s website at www.gov.im/oft/consultations.gov.  Comments to be submitted no later  than Friday 4^th January.  (there was a short questionnaire included).    This was noted.

j)  Port St Mary Commissioners – beach cleaner.

Port St Mary Commissioners would be conducting a demonstration of their new Beach Cleaner machine on Chapel Beach at 10.30am Friday 23^rd November).  They believed that this is the only machine of this type on the Island so this may offer collective ideas/savings/opportunities ahead of budget setting for next year.   Members would try to go and have a look at this working.

k)  Ash Dieback.

Due to the situation in the UK becoming extremely serious with C. fraxinea being found in an ever increasing number of locations DEFA are making efforts to establish that the Island is still Chalara-free.  They are asking Local authorities, etc to help by checking any sites which we may have planted with ash saplings since 2007 and to continue to check them on a regular basis.  Please report any suspicious findings to the Department.  Additionally if you notice any unusual symptoms in ash trees, please let them know.  Mountain Ash (rowan) trees do no require checking as they are not susceptible to C. fraxinea.

l)  consultation on Smokefree legislation.

Since the introduction of the ‘No-Smoking in Premises Regulations’ in 2008 a great deal has been done to improve and protect the public health of people in the IOM from the effects of secondhand smoke.  They Department feels that more needs to be done to reduce the uptake of smoking by young people, whilst at the same time continuing to examine ways to reduce exposure to secondhand smoke.  They have launched a public consultation on additional measure being considered.  Document is available at www.gov.im’health’ConsultationDetail.gov?id+348.   Views to be in by Friday 7^th December.  No collective views to be send although Members were free to give individual submissions if they wished.

PLANNING MATTERS

9.  PLANNING APPLICATIONS

a)  12/1365.  4 Grenea Cottages, Shore Road.  Patricia Linnane.  Erection of a two storey extension to side elevation, single storey extension to the rear elevation, removal of rear workshop and widening of vehicular access.                                     No objections.

b)  12/1493. Sunnymount, The Level. RETROSPECTIVE.  Mr D Parkes.  ‘Erection of decking to cover a previously paved area or raised ground to the rear of the property.  The work also includes the replacement of a retaining wall of poor quality.  The new wall will be 0.5m – 1.0m higher than the previous wall.  The decking will be constructed on three levels: the topmost level will cover an existing area on which a bench was previously sited and will be approx.. 6” higher than the existing platform.  The majority of the decking will be 8-12” higher than the previously paved area.  The front of this main level will extend to a height approx.. 1.5m above the previous sloped area of earth.  It should be noted that this decked area will afford no greater level of vantage or overlooking of the neighbouring properties (the rear of which are approximately 40m to the front of the retaining wall) than would be available with the previous situation’.

The construction of this has been done already despite the owner being told to submit a planning application before he carried on with it.

It was agreed that there should be a site visit and the Clerk would arrange this for 10am on the following Saturday.

10.  PLANNING APPROVALS 

a)  12/0875/A.  Corvalley, Howe Road.  Mr K Kinveton.  In Principle. Erection of a replacement dwelling. Conditions include:  5.  The dwelling must be designed with traditional features – pitched roof, chimneys vertically proportioned windows in compliance with Planning Circular 3/91 and replicating insofar as possible the dwelling it is to replace.  6.  The materials to be used shall be slate for the roofing and stone to all elevations, utilising the reclaimed stone from the existing building wherever possible.  7.  The replacement dwelling shall not be greater in mass (width and height) than the existing dwelling.  8.  Any subsequent reserved matter planning application must include an on-site turning facility for vehicles and provision for at least two on-site car parking spaces.  9.  The application for reserved matters must demonstrate that the public right of way which runs across the site, will be retained and protected both during and after development and that the proposed dwelling is designed in such a way that it is not adversely affected by the use of the footpath.    Decision- Planning Committee.  Issued 2^nd November 2012.

b)  12/1249/C.  1 – 4 Level Cottages, Colby.  Hintock Ltd.  variation of condition 4 of PA 12/0270/B for the external finish of replacement dwellings. Approved subject to compliance with the following conditions:  1.  This permission relates to the variation of condition 4 of application 12/0270/B.  New condition 4: The stone finish as proposed in the submitted drawings 12/41/01, 12/41/02 and the submitted sample received on 10^th September 2012 and 2^nd October 2012 is required to be implemented to the front and gable end elevations prior to the occupation of any of the dwellings and be retained and maintained thereafter.  2.  All other conditions pursuant to 12/0270/B shall remain applicable.  Decision – Planning Committee.  Issued – 31^st October 2012.

c)  12/1307/B.  6 The Chase, Ballakillowey.  Mr & Mrs Harrington. Erection of a single storey extension to front elevation.  Decision – Senior Planning Officer.  Issued 1^st November.

d)  12/1350.  Thie Gless, christens Way, Ballakillowey.  Mr & Mrs Hawley.  Alterations, erection of extension and porch and widening of driveway and vehicular access.  Usual conditions.  Decision – the Development control Manager.  Issued 14^th November 2012.

11.  PLANNING REFUSALS   none.

12.  PLANNING APPEALS 

a)  12/1068.  Amberwell, Surby Road.  Mr S Ridge.  Appeal against Refusal for alterations and extensions to dwelling to form ancillary living accommodation and widening of the driveway and vehicular access.   Appeal to be held on 20^th November.  The Clerk had confirmed that RPC had received the Appeal documents but that there would be no representative from RPC attending.

b)  12/0875.  Corvalley, Howe Road.  Mr K Kniveton.  Approval in principle for erection of a replacement dwelling.  This was approved  – with conditions as given above in Planning Approvals.  Although it is not clear from the documents received it was thought that Mr Kniveton was appealing against Conditions 5,6 & 7 (see above).   As a party to the proceedings RPC were requested to submit a full written statement of their case – 5 collated sets – this information to be submitted by 28^th November.  It was agreed not to send a submission.     Mr Cain had declared an interest as Mr Kniveton was related to his wife

13.  COMPLETION CERTIFICATES   none

14.  OTHER PLANNING MATTERS 

a)  Sunny Mount, The Level  – unapproved works.

The Clerk had written to the Director of Planning regarding this particular case and in general re Enforcement.   (28^th October 2012)  as follows:

‘Dear Mr Gallagher

Re: Planning Enforcement.

Rushen Commissioners are concerned about the apparent ineffectuality of planning regulations regarding construction work being done without a planning application being submitted.

The case in question at present has been raised by neighbours of the property Sunny Mount, The Level, Colby, Rushen.  The owner has erected very high decking on the bank behind his house.  This also incorporates walls and fencing.  The land is sloping so it is very visible.

When the work was started and it became apparent what would be there the neighbours were concerned that their privacy at the rear of their houses would be compromised.  They contacted the Planning Enforcement Officer who contacted the owner and advised him that he should submit a planning application and he had 4 weeks to do so.

I spoke to the Planning Enforcement Officer and he said that ‘stop’ orders are not now used.  We must wait until the owner has submitted a planning application.

Meanwhile, the work has carried on and there is now a large and very visible construction there.  The owner has taken no notice of what he was told and no planning application has been submitted as far as we know – Rushen Commissioners have not received one.

Rushen Parish Commissioners discussed this at their meeting last week and they are very concerned about the very obvious way in which planning procedures have been flouted in this case and, it would seem, the very ineffectual way in which they are administered when people just go ahead and build whatever they want.   It would seem to be very rare for someone to be told to demolish something they have built without permission.  Once it is there, even if a planning application is retrospectively submitted, it seems to be approved when it may very well not have been had not construction gone ahead.

My Commissioners would appreciate it if you could investigate both this particular case and the general aspects relating to these matters.

They look forward to hearing from you in the near future.

Yours sincerely         Gillian Kelly (Mrs)              Clerk  ‘

Reply received from Jennifer Chance, Development Control Manager, dated 6^th November:

‘Thank you for your letter of 28^th October regarding the unauthorised works that are being carried out at Sunny Mount, The Level.  I have reviewed the file and spoken with the investigating officer about the issue.  When a breach of planning has been established our normal policy is to allow for the submission of an application so that the development is assessed in a formal way.  Stop Notices are still issued, but only in instances when i) the Department is certain that development has occurred’ ii) when the Department is almost certain that a retrospective application is likely to be refused; and iii) when the works being carried out result in immediate and continuing harm.  Stop Notices have to be served along with an enforcement notice which can be appealed.  The Courts normally seek assurance that the Department has given the perpetrator the opportunity to regularise the breach before formal action is taken and before it comes before them.                                                          In most cases people do not realise that they are breaching planning regulations and once they realise that approval is needed they cease work without needing to be warned.  Carrying on work is at their own risk and most people do not want to spend more money by carrying out work that may need to be undone if permission is refused.  In looking at tis specific case, whilst I do not believe that it would have warranted a Stop Notice, we did not adequately warn the occupiers that any work was at their own risk and I feel that we should have clearly advised the owners of the property to cease work until such time as the application is submitted and been determined.                                                                                                 I understand that the enforcement officer has recently had a meeting with the owners and that an application is to be submitted this week.  However I accept that in the time between the owners being told that permission was needed and the submission of an application further work has continued and I would agree that we should have addressed the matter differently.  I work closely with the enforcement officer and it is my job to help advise him on how the Division proceeds on each case.  I have taken your points on board and will endeavour to be more responsive to future queries, as each case dictates.  In terms of the planning application, these are assessed on the basis of policies and as if no development has already occurred.  The fact that they are retrospective should not be material in the determination process at all.  I am sure that you will wish to comment on the application, but if you would like to discuss the matter further please do not hesitate to contact me.’

The Planning Application had been received and the Clerk had taken it over to a group of the neighbours of the property.  They had sent emails.

b)  Graystones, Ballakillowey.

Email from Samson Designs re Graystones, Ballakillowey, received 8^th November:  ‘In 2010 the above property had a planning application for an extension refused at an appeal and Rushen Commissioners were one of the objectors.  Mr & Mrs Dawson are now living up at Graystones and are keen to move the proposed extension forward once again.  We are a firm of architects working in Port St Mary and they have asked us to revisit the scheme.  We have a number of proposals that we have spoken to the planners about however we would appreciate the opportunity to discuss the options with the Commissioners especially in view of the concerns raised about the previous application.

A further email ‘……… we will be working on the scheme with a view to submitting the planning application in the next couple of weeks.  We would very much welcome the opportunity to discuss the design with yourself or the Commissioners at some stage prior to the application being formally considered so that we can respond to any queries.  We would be grateful if you would raise this issue with the Commissioners at tomorrow’s meeting to see if there is an opportunity to meet up on an informal basis to run through the proposed design and possible visit examples of similar projects we have undertaken.’   Note:  The Planning Officer advised them that it might be appropriate to discuss this with the Commissioners.

It was agreed that they could email draft plans to the Clerk and Mr Vernon and Mr Radcliffe would have a look at them.

15.  ANY OTHER BUSINESS

a)  Christmas Meal.  Mr Vernon was to organise this to be held at The Shore Hotel in early January – possibly 5^th.

16.  DATE OF NEXT MEETING      As Ballafesson Hall would be in use for the Ballafesson Methodist Church’s Christmas Fair it had been agreed to change the meeting night.   It was agreed that it be held on Wednesday 12^th December. 

Meeting held 7pm Wed. 17^th October 2012 at Ballafesson Hall.

MINUTES

Present:  Mr P Gunn (Vice Chairman), Mr D Radcliffe, Mr D Cain, Mr S Pilling.

Apologies:  Mr P Vernon.

Acting Chairman. Mr Gunn was proposed by Mr Radcliffe as Chairman for the Meeting and Mr Cain seconded this.

1.  MINUTES

The Minutes of the Meeting held Wednesday 19^th September 2012, having previously been circulated, were taken as read and agreed a true record after the Clerk pointed out that those sent to them with their agendas had a typing error in which the amount given to the Herdman Library had been given erroneous – it should have been £700.  This had been corrected in the Minutes brought for signing.

2.  MATTERS ARISING:

a)  DoI/Local Authority Issues

Review of the Scope of Government – Independent Report & Scope of Government Questionnaire for public consultation.

The Clerk had completed the Questionnaire in the format which she had emailed to Members and an accompanying letter had also been sent.  Both of these by email to the Chief Secretary’s Office.

She had also sent both to the Municipal Association and to Arbory Commissioners – who also sent RPC their reply to the questionnaire.  Also received had been those of the Commissioners of Malew and Michael – both of which she had forwarded to Members.

Mr Gunn suggested that there should be a public meeting, similar to what Maughold Commissioners had held.  It was agreed to leave this for the present.

Chief Minister’s statement in Tynwald 16^th Oct.  Part of what he had said was that COMIN was expecting an interim report in December on options for modernisation of local authorities.

Southern Local Authorities Meeting–  Mr Gunn and the Clerk had attended the meeting which had been re-scheduled from 4^th to 11^th October and held at Port Erin Commissioners boardroom.   It had been agreed to make the meetings more formal with Port St Mary Clerk taking over the administration.  It would be similar to a southern version of the Municipal Association.  The sharing of services and staff between Local Authorities was discussed again.    The next meeting would be held in January.

Members’ Declaration of Interests -    Letter from Local Government Unit:-            ‘Members Interests – personal and public. Dear Mrs Kelly, Following a number of issues raised with our Department over the last year or so, I am writing to all Clerks to ask that you remind your Members of the need to be clear on the issue of personal and public interests and that these two issues need to be kept in mind when dealing with local authority business to avoid any potential conflicts arising,  The Department has issued guidance in the past , which can be found on our website, and is entitled the Corporate Governance Principles and Code of Conduct.  P18, Section 14.2 Ethical Principles, sets out some key principles to be considered, the fourth of these states:-  “Members must not act in any circumstances in which there is a conflict between their personal interests and their public duties..” It is important when acting on behalf of the authority that Members are made aware of this.  Whilst the Department acknowledges that this is a voluntary Code of Conduct, it firmly believes that the principles contained in the documents are important and, where possible, should be adhered to and implemented by local authorities.  If you are unfamiliar with the principles of the Code and guidance, we would suggest that you take time to review the content and determine how this would best fit your individual authority’s needs.  It would be helpful if you could confirm to my Section whether your authority has chosen to formally adopt the code.  The Local Government Unit would be happy to receive your comments on this subject and if necessary clarify any points raised by this letter.’  Stephen Willoughby, Local Government Unit Manager.      Members had all been given this at the time it was issued.  The Clerk said that it was regarded by the Board as an official document which should be referred to if necessary.  It was agreed that the Clerk should write to the Local Government Unit stating this and, in effect, it had been formally adopted.

Training for New Members –  Letter received from the Local Government Unit that they could no longer afford to hold the induction courses. ‘I am writing to advise that the Department is continuing to face many pressures on its budget, and as I am sure you will understand, is unfortunately no longer in a position to be able to fund induction courses for Local Authority members or officers.  We have taken the difficult decision of ceasing training provision as this is a function which can be delivered by the Authorities themselves in a more bespoke manner appropriate to individual needs.  The Department will continue to provide extensive information and guidance through the Local Authority Handbook and further information on our website.  The website includes copies of guidance documents and links to relevant legislation, and these pages were updated earlier this year to provide more comprehensive information for Local Authorities.  Please be assured that officers in the Local Government Unit are also able to assist with any queries you may have.’   Amanda Craig, Head of Corporate Services.

It was agreed that a reply should be sent stating that RPC regarded it as a matter of regret and disappointment that the Local Government Unit were unable to fulfil their functions by providing training.  It was to be suggested that the training guides and plans used at the induction courses must be available and copies could be sent to new Members.

b)  Southern Area Plan

The Modified Final Draft Area Plan and the List of Modifications.

Letter to be sent to all the MHKs.  The Clerk was keeping her eye on the Tynwald schedules so that the letter could  be sent to all the MHKs and MLCs at the most appropriate time.  Mr  Radcliffe said that he would draft it that week.

Ballakilley Working Party.

c)  Waste Management and Refuse Collection

Jones Services –   nothing new at present.

Commercial & Government refuse –   invoices had been sent out for the 6 month period.

Bad debts       Mr Gunn had been dealing with this and had been in touch with the Small Claims web site.  Mr Radcliffe proposed that this particular debt be written off.  However, the Clerk pointed out that there were two others which were not as outstanding as that one which she was chasing up.

d)  Lighting/MEA

Ballagawne Road  – trees.  The Clerk had emailed MEA again about this and the reply was – ‘When someone stands at ground level, on the pavement between two of the lights they should be able to clearly see the two lamp heads.  If trees are obscuring this then they should be cut back so that the street light can provide optimum spread.’  The Clerk was to ask Mr Gilbertson, MEA when he was going to arrange for the trees to be cut back.

Light at the bottom of Mount Gawne road.  Nothing further.

List of lights –   this was being kept as a reference.

Garth Avenue – hedge around light –  The Clerk had inquired from one of the Estate Agents on whether they handled the letting of the house in question as she thought she had seen one of their boards there.  They indicated that they didn’t.   The Clerk was therefore to write to the occupier of the house asking him to arrange for the tree around the light to be cut back.

Mr Cain asked for the light at Corvalley Farm, The Howe to be replaced.

Light at Viking Close – RN101.   The fitting was reported by MEA to be no longer water tight and the column  badly corroded.  It was on the list they had sent for replacement in the next year.  They recommend a new 6m column and fitting – estimate £2,200 plus vat.  As the work looked urgent – from the photographs it had been agreed that the work should be carried out.

e) High Hedges –  Private session.  (2)

f)  Traffic

Priority for Highways to deal with – Rushen. Members felt that the priorities would be Ballafesson and Plantation Hill, which, whilst not in Rushen, was of concern to the people of Rushen who had to use it.  The Clerk had reported this to Highways.

Roundels, etc – Ballafesson Road – also sign.  The Clerk had returned the plan showing the suggested positioning for the signs and that they should have ‘Rushen’ on them.

Ballafesson Road (upper part as far as the Chapel)  requiring re-evaluating.  Nothing further.

Plantation Hill.  – Danger to pedestrians, etc on hill.

The Level/Croit-e-Caley.   New 30mph signs

Glen Chass – sharp corner & turning circle.  Cul de Sac sign.

Cregneash – safety of pedestrians coming to and from the car park to look at the Folk Museum and Village.  The white lining had now been put in but the Clerk said that she did not think that it was sufficient to encourage people to walk down the lane rather than in the middle of the road.

Pavement on Shore Road –   This had been completed.

Junction of Mount Gawne Road and Shore Road -  Mirror

Smiley face signs –   No indication of  when/if DoI were going to erect the poles.

Mill Road – tractors going too fast –   Speed counts had been received from Highways which Members looked at.

Howe Road – resurfacing/potholes.  – The Clerk had sent a letter to the Director of Highways regarding the surface dressing being put down when the potholes had not been repaired.

g)  Police

Next Meeting 2pm 30^th October at Rushen Youth Club. Members had nothing they wanted put on the Agenda.

Damage to cars in the South – forwarded to Members 9/10.  Lots of cars damaged in Port Erin and Castletown areas where someone had thrown/sprayed corrosive paint stripper over vehicles.  The Police were asking if anyone has information to let them know.

h)  Litter, beach cleans, dog fouling, etc

Dog bins.  Nothing further.

Signs –  Nothing at present.

Beach Cleans –  none at present.

Beach Buddies  -   nothing further from them

Bring-banks – The Clerk had to complain again this week about the paper bin at Croit-e-Caley being so full that nothing else could be put in it.  She had reported it but the resident who contacts her when there were problems had phoned a couple of days later saying it was still full.

Mr Cain declared an interest as his brother in law is involved with Manx Waste Solutions.

h)  Playing field, Howe Car Park.

The shed  – nothing further.

Swing  & matting & wires  – nothing yet.

Gates for mower access. Mr Radcliffe was to see if he could adjust them so that they could be open more easily.

Car Park, the Howe.    The bushes had now been cut in the corner.  Mr Pilling reported that there was a car without a current tax disc in the car park.                                                 Footpath from Ballakillowey to Carrick Bay View  – DoI was to be asked if they would tarmac this so that the whole path from the bottom of Ballagawne Road up to the Ballakillowey Estate would be fit to walk on..

j)  Web Site.  Invoice received from N Thornley for renewal of rushen-commissioners.com 5/11/12 – 4/11/2013  -  £16;  Website Hosting 5/11/12 – 4/11/2012 £60. Total £76.

k)  Southern Civic Amenity Site.

Mr Cain said that he had not attended the last meeting.

Letter from Waste Management, DoI. (John Quayle) 18^th July).  From August meeting – nothing further at present.

l)  Municipal Association

Mr Gunn had attended the last meeting.  He reported that they were keen to pursue the Scope of Government with all the Local Authorities working together. Their Chairman, Mr Talbot, has been on Manx Radio speaking about this.  Members had received an email from him in September and they were also being sent information from other Local Authorities – the Clerk had sent them RPC’s, which was the first they had received.

m)  Southern Swimming Pool

Mr Radcliffe said that some maintenance work was being done with regard to the last work which was carried out.  The contractors had gone.

n)  Allotments   Nothing further.

o)  Southern Healthcare Committee  next meeting 25^th Oct.

p)  Rushen Ambulance     Mr Pilling was to attend on 25^th October.

q)  MNH   

 John Donald Collister Bequest – MNH consultation.   Nothing further to RPC but there had been an article in the local paper.  The Clerk reported that MNH were going to meet with Arbory Commissioners shortly.

Lighthouses on the Calf –  No reply to letter sent to the Director of MNH.

r)  Risk Assessment    Mr Edwin –  The Clerk would arrange this when Mr Vernon had returned.

Land in front of Hillcrest, Cregneash .  Mr Cain said that he would arrange for D Cooil to cut this again.

t)  Unsightly buildings and land

Oakleigh House, Truggan Road.  Complaint from neighbours about the state of the property.  The Clerk has written to the owner who had subsequently telephoned her.   He said that the property was in the process of being sold but that there had been a delay.  He said that there was no vermin there.

It was agreed that this should be left for a month to see if the property was sold.

u)  Croit-e-Caley Green – bench and tree.

Stone.   The Clerk was to write to Mr Kneen to inform the family that the stone had been erected and to thank the family.

v)  Agricultural Rating    Nothing further.

w)  Grass Cutting

Pic-nic Site, Ballakillowey.     The DoI’s contribution (£400) towards cutting the grass had been received.  The Clerk re-iterated that this would not cover the cost but was a contribution as RPC preferred the area to be cut more frequently than the DoI were prepared to do it.

x)  Disaster Recovery Plan

y)  Bus stops.

Ballachurry Bus Shelter     – a small amount of graffiti on the wall – Mr Vernon would attend to this when he returned.  Bus Vannin had taped a notice on the freshly painted wall, without asking permission, and this was to be pointed out to them.  They were also to be informed that RPC would have no objection if they wanted to provide themselves with a proper notice board in the shelter.

Aa) Zero rated properties     nothing further.

The Level Inn House was confirmed as paying rates and the garage was included.  The Clerk had also queried Ballaman as when she had been there to deliver a wheelie bin she noted that, besides the main house, there were the two cottages but also a pilot’s cottage and there was the possibility of a sort of maisonette for one of the builders.  She had queried this and it was confirmed that there were 3 other properties rated with Ballaman itself.

ab)  Planning Committee Meetings  nothing further

ac)  List of past Chairman.  Nothing further.

ad) Memorial to wartime plane crash. –  to be taken of the agenda

ae)  Her Majesty The Queen’s Diamond Jubilee Celebrations 2012.

The money from the Co-Op for the bouncy castle had been received and the committee wound up.  This was to be taken off the agenda.

af)  consultation – Planning Policy Statement – Planning and the Economy. Nothing further so this was to be taken off the agenda.

ag)  Robin Hill Farm, Cronk y Dhooney – noisy bikes.  Nothing further so this was to be taken off the agenda.

ah)  Garth Avenue – potholes in pavement

The Clerk had written to Mr Knight and an acknowledgement received – the information had been forwarded to an Area Maintenance Engineer for further investigation in order to resolve.  The reference number for this was CR59097.   Mr Knight had now replied – ‘At present it is proposed that all the pavements in Garth Avenue are included on the list for total resurfacing during next financial year.  In the meantime they will be checked for any safety issues and temporary repairs.’   This was noted.

aj)  Governor’s Visit.

Official forms – The Clerk had received these to be completed.

Invitations – The Lieutenant Governor would be accompanied by his Private Secretary, Pauline Pescodd, but his wife would not be attending.  The invitations had been sent out to those on the list given by Member.  The Captain of the Parish to be invited, protocol demands that he must welcome HE to the Parish.  The Rev. Belfield had been invited and the Vicar of Rushen (plus wives) .  Some replies had been received.  Guests were asked to arrive at the Hall no later than 12 45 as H E would arrive at 1pm.  Members could be accompanied by their wives.

Probable Itinerary:

10am Governor arrives at Rushen Bandroom.  Meets band Members and have coffee

11am Arrive at Kentraugh.

Mr Gunn and the Clerk had visited Kentraugh on 3^rd, spoke with Mr & Mrs Gawne and had a look around.  It was agreed that the Official Party would look around the main rooms on the ground floor looking at interesting books (on birds for the HE,)  then go outside and look at the old buildings near the house – laundry, estate office, meat store and apple store (all in poor condition so they may not be safe to go into; then go down to the lawn, greenhouse and orchard – looking at any rare trees, then coming up the path round to the front.  The ha-ha and the heronry can be pointed out to H E.  Arrival time had been agreed at 11am.

1pm – Arrive at Ballafesson Hall.  Have buffet lunch and meet invited residents. A presentation to be made to HE and it was agreed that a copy of the old Parish plan be framed for him.    Cones would be required outside to keep parking places for He’s car.

The Clerk was to inform Mel Wright of HE’s visit and ask her to arrange a photographer.  Bill Dale from the Chronicle was also to be informed about HE being at the Hall.

The ladies of the Chapel had agreed to provide cups of tea to accompany the buffet.

The caterers had been booked and menus received – copied to Members.  It was agreed to have the first on the list but without open sandwiches – similar to what had been provided for the Flying Fortress Memorial dedication.

2pm (?) Arrive at Moorhouse Farm.  The Clerk would have to go and see Mr Costain to discuss what could be included.  The leaving time for HE was to be left open.

Aj) Meayll Booklet –  The Clerk had spoken to Mr Broadbent of Quine and Cubbon and the easiest way to have this reprinted was just to change the pages about the Flying Fortress crash (showing a picture of the plaque).  It was hoped that this could be done before Christmas.

ak)  Rushen Youth Action Group – proposed BMX/Skate park community project.

Mr Radcliffe said that he had not heard any more about this.

al)  User Groups – Planning.

This was to be held on 27^th November at Ballafesson,  RPC would be organising the setting up of the tables and chairs and making the tea/coffee.  Members from all of the Southern Local Authorities and Planning Officers would be attending.

Aq)  Data Protection  The cheque had been sent for renewal for the year. A letter received

ar)  Isle of Man Employers Federation.  Nothing further.

as)  Untidy garden – Strawberry Meadows.  This was to be left until Mr Vernon returned.

At) ( Consultation document received  - Isle of Man Marine Plan -Marine Development Consenting Process – Town and Country Planning Act 1999 – Consultation Document 2012. 

Letter from Dr Peter McEvoy, Marine Spatial Planning Project Officer. (this is a cross Government Department project funded by the Department of Infrastructure, Dept.of Economic Development and Dept. of Environment, Food and Agriculture).  Could be viewed on www.gov.im/ConsultationDetail.gov?id=342.  Views by 26^th October.    This was on the Agenda in September but only ‘noted’ possibly due to time constraints  Members did not have anything further to add.

au)    Christmas Tree price

The Clerk had queried the cost of delivery with Phil Gawne, Minister for DEFA.  She had received a reply from Forestry which she had forwarded to Members on 25/9.  They can only deliver one tree at a time due to the height….larger timber lorry more expensive to run. .need to disconnect timber grab and fit a hook so that the tree can be lifted with a sling…. travel to the mill to the plantation..  remove tree to safe loading position, attach sling and load tree (minimum of two man operation) secure tree top lorry, drive to delivery point and then reverse the procedure (again with at least 2 men). ‘Even if you exclude the travelling time and the changing of the hook it is still in the region of 60 minutes to load and un-load with two men and a lorry present.  The charges have not increased this year due to a reduction in tree quality but have been identified as being very reasonable in the past. To be honest it would be far better if organisations collected their own trees, which they are more than welcome to do.  Many Commissioners and other organisations have a fleet of different vehicles to those which we run and may be far better equipped to deal with such “one off” operations with a smaller, more economical vehicle and their own staff.  However, I fear that if they worked out their staff time involved they would soon revert to seeking delivery by the Department and as such should probably be looking at further increases in the future.’  Andrew Sidebottom, Director of Forestry, Amenity & Lands.   This was noted.

The Clerk had ordered the tree with delivery on 7^th December.

Av)  Herdman Library & fireworks.

Letter of thanks from Port Erin Commissioners for the donation towards the library and fireworks

RESPONSIBLE FINANCE OFFICER’S REPORT.

This can be viewed at the Commissioners’ Office by requesting to look at the Minute Book.

8.  CORRESPONDENCE,

a)  3^rd Supplemental List 2012.

Newly zero-rated properties were :  Clybane, Mount Gawne Road,  1- 4 Level Cottages,  Fern Villa, Ballakilpheric.  This would mean a loss in rate income to RPC of about £250.  The Clerk pointed out that Clybane must be habitable as someone had only recently moved out – it had not been demolished yet;  Level Cottages were to be demolished but still habitable; Fern Village hadn’t been lived in for a long time as the owner had just neglected it.   RPC could object to the zero rating but it must be in writing, specifying the grounds for objection and be sent by25th October.  It was agreed not to object but a letter was to be sent asking for the reasons why these and other properties become zero rated.

b)  Register of Electors  in force from 1^st October 2012. Noted.

b)  Water Pollution Act – Licence Application.

An application has been made to DEFA (Environmental Protection Unit) for the discharge of treated sewage effluent from Empress Villa, Ballakillowey Road.  This will be piped to the small stream in the drainage ditch bordering field 414318. The effluent is being treated by a biodisc sewage treatment plant which should ensure that the treated effluent will be of sufficiently high quality to be discharged to the stream.  Computer modelling shows the overall stream water quality should not be significantly impacted by the volume and quality of the discharge envisaged.  The proposed sewage treatment is of sufficient capacity to cater for the size of the household.  If you have any comments they should be made by 1^st November.                                                                  Noted.

c)  Civic Sunday   Castletown Commissioners invite you to attend their Civic Service in Arbory Street Methodist Church at 3pm on Sunday 21^st October.  The procession, lead by Castletown Band, will leave the Civic Centre at 2 45pm – assemble not later than 2 40pm.  Refreshments afterwards at the Civic Centre. No Members indicated that they would attend.

d)  National Service of Remembrance.

The National Service of Remembrance and Re-Dedication will take place at the royal Chapel of St John and the National War memorial of St John on Sunday 11^th November at 3pm.  A representative of RPC is invited to attend.  The Service will be attended by His Excellency the Lieutenant Governor.  The congregation is requested to be seated by 2.45pm.  The Service will be conducted by the Isle of Man County Chaplain to the Royal British Legion, the Venerable Andrew Brown.  Refreshments will be available in the Methodist Hall opposite the Fair field at the conclusion of the service.  They needed to know by Friday 2nd Nov who would be attending and if they would be accompanied.  Mr Vernon would have returned by then so he would be the first choice.  Mr Pilling offered to attend if no other Members could.

e)  People not in Education, Employment or Training (NEET).

There had been a question in House of Keys on 26^th June regarding this.  Hon David Cretney MHK had asked that this be brought to the attention of Local Authorities who may be able to consider their own training schemes or placement opportunities for the engagement of NEET candidates.  This scheme allows for the payment of £90 per week to a trainee to be engaged in a basic form of training programme with an external employer, which could be a Government Department, a Local Authority or a private company.  If the NEET does not receive any benefits at all, then they will receive a £90 per week payment.  If the NEET is in receipt of benefits then a typical trainee would gain an additional £30 per week on top of their benefit.  This would be paid by the Department of Economic Development and is not paid to the prospective employer.  The DED has devised three training programmes and hope to offer these to NEET placements in the near future.

There were no opportunities for employment at Rushen Commissioners so the letter was noted.

f)  consultation – Criminal Justice Strategy.

Members had been emailed the whole document and given a printed copy of the questionnaire part.  This was considered and answers given so that the Clerk could submit it before the closing date of 9^th November,

PLANNING MATTERS

9.  PLANNING APPLICATIONS

a)  12/1249.  Level Cottages, The Level.  Hintock Ltd.  4 replacement dwellings – variation of condition 4.             (this had been considered  at the meeting on 25^th  -no objections).

b)  12/1307.  6 The Chase, Ballakillowey.  Mr & Mrs Harrington. Construction of single storey study  extension.                                 No objections.

c)  12/1129.  Aigney Mie, Bay ny Carrickey.  Mr Ward. Removal of condition 3 (re permitted development)  Letter received – copy of one sent to Mr Ward by Senior Planning Officer::  ‘The application is due to be considered by the Planning Committee at its next meeting which will on 1^st October 2012.  I won’t be at the meeting as I am off-Island but will brief one of my colleagues to present the application in my absence.  It would be helpful in you could provide a further plan before the meeting showing the site subdivided into the residential curtilage with the agricultural land shown in blue as it was set out in the original application which was permitted (PA09/0428) As submitted the site is both pieces of land where it should only be the residential part.  We can then refer to this in the conditions attached to any approval which may be issued.’      This was noted.

d)  12/1350.  Thie Gless, Christeen’s Way, Ballakillowey Estate.  Mr & Mrs J Hawley.  Proposed extension to northeast elevation to create additional living accommodation; new porch entrance to northwest elevation.                      No objections.

10.  PLANNING APPROVALS 

a)  12/1110.  Ballaman, Ballnahowe, Port Erin.  Cheeseden Investments Ltd.  Alterations and extensions to dwelling (amendment to PA 12/0552).    Decision – Senior Planning Officer.  Issued 20^th September 2012.

b)  12/1130.  Aigney Mie, Shore Road, Bay ny Carrickey.  Mr B R Ward.  Erection of garden shed and greenhouse.

c)  12/1129.  Aigney Mie, Shore Road, Bay ny Carrickey.  Mr R B Ward.  Removal of condition 3 from 09/0428) regarding the suspension of permitted development rights from the Town and country Planning (Permitted Development) Order.  Conditions include:  1.  This permission removes condition 3 of PA 09/0428: the residential curtilage of the property as defined in PA 09/0428 may enjoy the benefits of the Town and Country Planning (Permitted Development) Order 2005 which has now been superseded by the 2012 Order.  NOTE: the residential curtilage as defined in the 2005 application is not the same as the area defined in red in this current application.  The residential curtilage extends no further east than the western boundary of Carrick View and does not include land to the north of the Carrick View curtilage.  Decision – Planning Committee.   Issued 2^nd October 2012.

d)  12/1218.  2 Carrick Bay View, Colby.  Dr & Mrs N Ogilvy.  Installation of four sun tunnels and feature window to replace existing doorway.

11.  PLANNING REFUSALS

a)  12/1068.  Amberwell, Surby Road, Surby. Mr S Ridge.  Alterations and extensions to dwelling to form ancillary living accommodation and widening of driveway and vehicular access.  Reasons for refusal:  1.  The proposed side extension, by virtue of its proximity, height, and length, would result in unacceptable impacts upon the residential amenity of adjacent property Nr 63 Garth Avenue by causing loss of light and adversely affecting outlook from the upper floor bedroom window and therefore would be an un-neighbourly development contrary to General Policy 2 of the Isle of Man Strategic Plan.   Decision – Senior Planning officer.   Issued 20^th September 2012.

12.  PLANNING APPEALS 

a)  12/1068.  Amberwell, Surby Road, Surby.  Mr S Ridge.  Appeal against refusal for alterations and extensions to dwelling to form ancillary living accommodation and widening of driveway and vehicular access.  The Appeal has been lodged and it is requested that RPC send 7 collated sets of submission of case and witnesses proofs of evidence – by 26^th October.   Nothing further to be sent.

b)  12/1026.  4 Grenea Cottage, Shore Road, Kentraugh. Patricia Linnane.  Erection of a two storey extension to side elevation, single storey extension to rear elevation, removal of rear workshop and widening of vehicular access.     This application was Refused at the recommendation of the Highways Division on the grounds that the proposal reduces two useable spaces to one.  Whilst the proposed single garage conforms to the required measurements of 5 x 3m for a single garage, the remaining driveway area does not meet the required minimum standards of 6 x 3.25m for a private parking space.  However, given the substantial width of the drive it would be feasible to [ark a vehicle of average dimensions on the highway……  (there is more in the HD’s recommendations regarding proposing a car port and the lay-by on the other side of the road.

Ms Linnane had requested an Appeal against the decision for refusal.

13.  COMPLETION CERTIFICATES

a)  97/0721.  Ballafesson Methodist Chapel, Ballafesson.  The Trustees of the Ballafesson Methodist Chapel. (sent to Port Erin Commissioners) Installation of new toilet.  Certificate dated 25^th March 2011.

14.  OTHER PLANNING MATTERS 

a) Consultation on Introduction of Fees for Planning Appeals.

The public’s views were being sought on proposals to introduce a fee for submitting planning appeals.  Traditionally, the right to appeal against a planning decision had been free to both the original applicant and any third parties with the cost for administering the appeal service, including meeting all costs associated with the appointment for the independent planning inspectors, met by the Department of Infrastructure and the Chief Secretary’s Office.  Under the proposed fee structure, anyone submitting an appeal would pay a one-off fee of £150, with that sum refunded should the appeal be successful.  The consultation will start on 8^th October 2012, with submissions to be sent in no later than 5pm on 19^th November 2012.

Members did not agree with charging £150 as they felt that it would be a disincentive for people to pursue their rights

b)  Sunny Mount, The Level  – unapproved works.

A resident of The Level contacted the Clerk to say that the people in Sunny Mount were constructing a large decking area and they did not have planning approval.  They had contacted ‘somebody in Government’ who turned out to be the Planning Enforcement Officer who told them that this size of decking needs planning permission.  He would write to the owners and send them the forms so that they could make an application.   The owner had carried on doing the work.  Once the resident called the Clerk she contacted the Planning Enforcement Officer to see what exactly was happening as it was not really clear from what she had been told.  Apparently, someone could carry on doing work without planning approval but if, when they do make an application and it is refused, they have to take down what has been done.  However, they did not put ‘stop orders’ on any more and it would seem that if someone had built something without approval, after four years it becomes lawful – they just need to write in for a ‘letter of lawfulness’.   This was felt to be unsatisfactory and a bit confusing.  The owner had 4 weeks from when he was sent the planning forms to make his application (from 4^th October).     A further email from another resident – with photos – had been received.    The Clerk also had a copy of the Planning Enforcement Policy leaflet.

Members felt that it was unacceptable to build without planning approval and the Clerk was to write to the Director of Planning to ask why stop orders are not issued in such cases.

15.  ANY OTHER BUSINESS

a)  Roamin’ COMIN

The ‘Roamin Comin’ Council of Ministers roadshow was to be held at the Erin Arts Centre on Tuesday 23^rd October at 7 30pm.  Members indicated that they would be attending.

b)  Flooding.

The Clerk had been receiving phone calls from people wanting sandbags as they were afraid that their houses would be flooded.  She had said that they should contact DoI – which one of them did and was told that they had to go to Ellerslie to get them and they were open 8 – 4.30 Mon – Fri.   The Clerk had contacted Ellerslie  to see if they could put some at the depot at The Level so that people could collect them there (or RPC could take them).  DoI wouldn’t do so but said that there would be some at their Ballasalla Depot (closed at weekends and evenings)  and they would shortly have some down at the Port Erin Fire Station.  The Clerk said to Members that if they were asked about sandbags they could now let people know where to get them.

16.  DATE OF NEXT MEETING       Wednesday  21^st November 2012.

The Meeting went into private session at 10.25pm

Meeting held 7pm Wed. 19^th September 2012 at Ballafesson Hall.

MINUTES.

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

Apologies:  Mr P Vernon.

Acting Chairman – As Mr Vernon (Chairman) was on leave of absence a Chairman to preside as the meeting was required.  As Mr Gunn was Vice-Chairman Mr Cain proposed that he Chair the meeting and this was seconded by Mr Radcliffe and agreed.

1.  MINUTES

The Minutes of the Meeting held Wednesday 15^th August 2012, having previously been circulated, were taken as read and agreed a true record.

2.  MATTERS ARISING:

a)  DoI/Local Authority Issues

Review of the Scope of Government – Independent Report.

This Document in questionnaire form – for public consultation had now been received and views were required by Friday 5^th October.  All Members had been forwarded this which had been received by email and had also been given a copy. 

The Members considered the Questionnaire item by item and answers were agreed upon.  The Clerk recorded these.  It was agreed to wait until the Board had met with Mr Ronan MHK on 25^th before sending in their views on the Questionnaire as further relevant information may be forthcoming from Mr Ronan.

List of the Rates for all the Local Authorities. At Mr Pilling’s request the Clerk had obtained a current list of the Rates charged by all the Local Authorities on the Island.  This had been forwarded to all Members.  The variations in these charges were noted with interest.

Southern Local Authorities Meeting–  the next one was to be held on 4^th October at Port Erin Commissioners’ Board Room.  Mr Gunn and the Clerk would be attending.

Members’ Declaration of Interests -  the  Record book was on the table but no new entries were made.

Training for New Members –  nothing further yet. –

Local Authority General Elections Review.  The Local Government Unit had written (rec. 19^th)  as they had been carrying out an internal review of the Elections on 26^th April.  They had identified some areas where amendments may require to be made to the legislation: Absent Voters form should have an additional section enabling further information to be included (such as the deadline date by which the form is to be returned by and address details of where it is to be returned to).  Also they looked into the viability of adjusting the Absent Vote application and ballot paper submission deadline dates to bring them in line with legislation governing the House of Keys elections.  This would assist in providing registered electors with more time to submit their absent vote application and subsequently their ballot paper.  Comments to be sent by 30^th November. The Board Members and the Clerk (usually the Returning Officer for Elections) supported these changes.

b)  Southern Area Plan

The Modified Final Draft Area Plan and the List of Modifications.

Mr Radcliffe and the Clerk  were to draft the letter which was to be sent to all the MHKs.

Ballakilley Working Party.

c)  Waste Management and Refuse Collection

Jones Services –   nothing new at present.

Commercial refuse –   nothing further at present.

Bad debts       Mr Gunn was dealing with this

Bring Banks –  Another complaint that the glass bank at Croit-e-Caley was absolutely full.  The Clerk had reported it again..

d)  Lighting/MEA

Ballagawne Road  – trees.  The Clerk had emailed MEA about this.

Light at the bottom of Mount Gawne road.  Nothing further.

List of lights –   The Clerk had obtained the list of lights from MEA.  This showed which lights will need replacing in 2 years and 5 years.  All Members had been given a copy.

Garth Avenue – hedge around light –The Clerk had informed MEA of this and asked who was responsible.  A reply had been received stating that it is the landowner and the Local Authority, who own the light, should ask them to cut the  hedge back.    The Clerk said that the light seemed to be in the garden of the house on the corner which she thought was a rented house.

e) High Hedges –  Private session.  (2)

f)  Traffic

Traffic Meeting 19^th September – The Clerk had attended the Meeting that  morning.  They had asked all those Local Authorities present what their top two priorities  would be for them to deal with.  The Clerk had said that she thought they would be Ballafesson and Croit-e-Caley.  However, Members felt that the priorities would be Ballafesson and Plantation Hill, which, whilst not in Rushen, was of concern to the people of Rushen who had to use it.

Roundels, etc – Ballafesson Road – also sign.  The Clerk had been given a design for the sign and a map for Members to show where they would like them  erected.. Also to discuss the 30mph speed limit past Ballachurry.

Ballafesson Road (upper part as far as the Chapel)  requiring re-evaluating –  Highways had said that they wouldn’t re-align the centre of the road – this would require putting parking bays in front of the houses and only then could re-aligning be considered. They said that people should be driving more carefully.

Plantation Hill.  – Danger to pedestrians, etc on hill.  Not discussed.

The Level/Croit-e-Caley.   New 30mph signs – They had put speed count in to keep track of it.  They would like feedback from the residents.   With regard to The Level/Scholaby Road visibility.  There was not really a problem but they said that they were going to re-line the bus stops.

Glen Chass – sharp corner & turning circle.  Cul de Sac sign – not up. – ‘on order’.

Cregneash – safety of pedestrians coming to and from the car park to look at the Folk Museum and Village.    The road had now been top-dressed.  Also – work being done on Cregville, including the lane down  was, hopefully, nearly finished.  The Clerk had spoken to Mr Mackenzie of Highwasy who had told her that the lines showing the painted pavement indicating down to the lane for access were to be done the following day

Pavement on Shore Road –   Notice from Highways that there would be’ a speed limit of 30mph on the Shore Road from bottom of Fishers Hill to the junction with Kentraugh Mill Road from 20^th Aug – 28^th Sept. for resurfacing of pavements.   I queried what the criteria was for such work needing to be done on pavements and asked if different divisions deal with pavements as opposed to roads.

A reply received from Mr Pearson, Director of Highways a copy of which had been given to all Members.  ‘…. This work is being carried out as part of a programme of preventative maintenance to seal the surface of the footways and prevent damage through water penetration and winter frost action…..  with regard to budgets I can confirm that Highways Division dos allocate specific funding to the various functions which it carries out in order to be able to manage expenditure and prioritise works as required.  The Department does, however, also have an ongoing programme of Capital Maintenance works under which the highway asset is gradually being renewed, and such projects include attention to all aspects of the road construction including kerbs, footways, carriages and drainage provisions.  As Director of Highways I am responsible for all aspects of the management, maintenance and improvement of the highway network throughout the island.  I note your comments about the condition of the roads in the south of the island.  As you quite rightly point out the issue of poor ride quality is a concern, and one which is an island-wide problem. Many of the roads around the island, including some of the main routes, have developed from tracks  and have very little structure to them.  Certainly very few roads around the island have been built to current standards in terms of their structure, alignment or surface regularity.  This is slowly being addressed as roads are reconstructed but, given the current levels of funding availability it is likely it will be many years before roads that are in good structural condition but suffer from poor ride quality are included in the renewal programme.  I can confirm nevertheless that the section of road specifically raised by the Commissioners:  Colby to Ballakillowey and Four Roads Roundabout to Ballafesson Road – do feature in our plans for Capital Maintenance because of thir structural condition.  Hence they are likely to undergo major strengthening/reconstruction works over the next couple of years subject to continuing availability of funding,’

The temporary speed limits – the Police had been carrying out speed checks on Shore Road – both on Shore Road where the 30mph permanent limit was but also they did the checks at the same time on the temporary limits and booked a few people.

Junction of Mount Gawne Road and Shore Road -  A mirror had been installed on the sea side of the pavement at the request of an MHK..  Highways staff thought that it was dangerous and would like RPC to back them up in this if they felt the same and ask for it to be removed.   This was agreed.

Smiley face signs –    DoI.  They were going to centralise the Island wide management of electronic speed indication.   The Clerk had written to them indicating the areas where RPC would like some poles placed for these.

Mill Road – tractors going too fast –   The Clerk had received a complaint from a resident with a child who was very concerned about his child’s safety due to tractor/s going too fast up and down Mill Road.   This had also been mentioned at the Traffic Meeting.  There was to be a speed count but they didn’t think that there would be a problem with speed.  The man may be advised that his child should not be playing on his bike in the road in this area.

Howe Road – resurfacing/potholes.  This had been sprayed and re-gravelled but they had not filled in the potholes before doing this.  The Clerk was to ask DoI why this had not been done in readiness for Colas to do the resurfacing.

g)  Police

The Clerk had not attended the last meeting.

h)  Litter, beach cleans, dog fouling, etc

Dog bins.  Nothing further.

Signs –  Nothing at present.

Honna Road –

Beach Cleans –  The Clerk had written to the Amenity Site Board regarding the 41 Club Beach Clean and what was said by one Member of staff  – see Amenity Site k)

The Clerk had noticed from a Marine Conservation general email that they had carried out a beach clean at Fleshwick on the previous Monday.  RPC had not been informed but the Clerk spoke with the Clerk of the Amenity Site and forwarded the email so that she would have the contact details.

Beach Buddies  -   The large amount of rubbish  at the bottom of Fishers Hill – Steve Booth was to be asked to take this to the Amenity Site.  Mr Radcliffe said that he would take the smaller lot at the slipway by Lime Kilns Farm.

h)  Playing field, Howe Car Park.

The shed  – nothing further.

Swing  & matting & wires  – nothing yet.

The Clerk said that Steve Booth had reported to her that the double gates where he has to bring his mower through were now extremely difficult to open.  He did not have large enough spanners to adjust it.  Mr Cain said that he would have a look at it.

Car Park, the Howe.    .

Footpath from Ballakillowey to Carrick Bay View  – to be left on the Agenda.

j)  Web Site.  Nothing at present.

k)  Southern Civic Amenity Site.

Re complaint from Mrs M Watterson, Surby and also from a member of the 41 Club – from August meeting.  The Clerk had received a reply from the Clerk of the Amenity Site – all Members had been given a copy.  This was noted.

Also – SCAS had requested that the Local Authorities put on their web sites that anyone going to carry out a beach clean should contact the Site beforehand for advice on how to sort the rubbish and find out what can and cannot be accepted and if possible to agree a date for when it can be accepted.  Beach clean waste needs to be weighed for Site record purposes.  Information had also been received that the Site would now take cooking oil in plastic bottles.

Letter from Waste Management, DoI. (John Quayle) 18^th July).  From August meeting - ‘Use of Civic Amenity Sites as a transfer station for waste from their own operations’  It has been brought to the Department’s attention that some Local Authorities areas using the local Civic Amenity Sites as a transfer station to dispose of waste from their own operations.  I must remind you that this practise is not only in contravention of the site’s licence but will also add an unfair burden on the other constituent authorities with the cost of your disposal.  I would be grateful if you could provide details of any waste you send to the Civic Amenity Site so that we may review its acceptability and build a picture of what is taking place across all four sites.’

The Clerk had emailed 3 times and received no reply.  She had also emailed John Wrigley – Waste Manager.    When she emailed the Clerk of the Amenity Site to see if she had any word from them she said she had been told it was nothing to do with them – only the local authorities. She had finally contacted John Quayle who said he had passed the emails on.  He said that no Local Authorities use the other Sites but take their rubbish direct to the EfW.  Also – some southern LAs are taking large amounts to the Amenity Site and making higher costs for everyone else.  She had explained to him that the LAs pay proportionately towards the Site – according to their Rateable Values and asked for more information and a copy of the Site’s Licence.

A further email had been received from John Quayle  – ‘ Please accept my apologies for not responding earlier but I passed your query on for technical input.  Further to our telephone conversation I can confirm the CA sites are for members of the public however the Southern allows small commercial contractors in.  Due to the unique nature of the Southern Site they accept green waste from Local Authorities which has little financial impact on the site’s operational cost however waste such as public sector housing maintenance etc should not go through the site in the same manner as grass.  As confirmed the Northern, Eastern and Western Civic Amenity Sites do not accept any waste from Local Authorities.  If you have any further query relating to the type(s) of waste your Authority currently takes to the site just let me know.’

The Clerk had received a copy of the Licence and also a phone call from Stuart McMillan, Environmental Health Protection Officer at DEFA who had said that the Sites should take municipal waste – he had also sent a copy of the relevant parts of the Act.

l)  Municipal Association

Mr Gunn had attended the last meeting and gave a report.  This had been held at Onchan Commissioners’ Office.  They had discussed the possibility of having a conference for Local Authorities regarding the Scope of Government.  They had also asked all the Boards to give information on what level of cooperation they could make available to other authorities.  Mr Gunn was to give that information at the next meeting.   Also discussed had been access to the Minutes of Joint Boards – at present they did not seem to be made available and it was felt that they should be.

Email received re Scope of Government (copied to all)   This was from the Chairman and contained information regarding views on the Scope documents.

m)  Southern Swimming Pool  Mr Radcliffe said  that there had been no meeting in August.

n)  Allotments   Nothing further.

o)  Southern Healthcare Committee  Nothing further.

p)  Rushen Ambulance     Nothing further.

q)  MNH   

 John Donald Collister Bequest – MNH consultation.   Nothing further.

Lighthouses on the Calf –  The letter had been sent to the Director of MNH – no reply received.

r)  Risk Assessment    Mr Edwin – it was agreed to wait until Mr Vernon returned before speaking with Mr Edwin regarding consulting him on possible updating of the risk assessment.

s)  Land in front of Hillcrest, Cregneash .  nothing further.

t)  Golden Jubilee Trust   as nothing seems to be happening with this it was to be taken off the agenda.

u)  Unsightly buildings and land

Oakleigh House, Truggan Road.  Complaint from neighbours about the state of the property.  The owner sometimes lives there but it is in a dilapidated condition and they say that there is vermin going in and out.  Children had broken a window and the Police had been called.  The Clerk was to write to the owner asking if he could tidy the outside of the property.   If there was no reply then it was possible that John Howie, Environmental Health Officer would be consulted.

v)  Croit-e-Caley Green – bench and tree.

Stone.   Mr Cain had now put the stone in place by the seat. He was thanked for this.

Mrs Stott, Strawberry Meadows had sent an email (18^th Aug) – ‘I have read that you are proposing to put a stone at the Croit-e-Caley Green ……  I have to ask you, have you been down  to the Green recently and seen the state of it?  It has been totally trashed by the local children! They have been swinging in the trees, broken branches off trees and there is litter in the form of sweet wrappers and beer cans under the trees.’        Both Mr Cain and the Clerk  said that they had been there recently and had not noticed it as being ‘trashed’ the Clerk had been there two or three days before the meeting and spoken to Mr Booth who cut the grass and he had said that there had been a few bits of litter but nothing major.  The Clerk said that it was obvious that children had been playing there but that was just normal behaviour for children.  Mrs Stott’s email was noted.

w)  Agricultural Rating    Nothing further.

x)  Grass Cutting

Pic-nic Site, Ballakillowey.     The Clerk had sent the claim for DoI contribution.  Mr Radcliffe said that one of the litter bins had come apart and he had replaced the top with one of RPC’s spare bins.

Public footpath through Carrick Bay View – Mr Booth had now cut this back so that people could use it without getting caught by branches.

y)  Disaster Recovery Plan

z)  Ballagawne Road – bus stop, etc.

Ballagawne Road stop.  It was agreed that it did not need the kerb raising.

Ballachurry Bus Shelter    – nothing further.

Aa)  Hedge at Garthcote & others.  Nothing further.

Ab) Zero rated properties     nothing further.

ac)  Planning Committee Meetings  nothing further

ad)  List of past Chairman.  Nothing further.

ae) Memorial to wartime plane crash. –

The Clerk had contacted Ivor Ramsden from the Manx Aviation Museum about the American party coming over and asked if they would they want to meet anyone from RPC or the people who had witnessed the crash.  He told her that that they would also be going to Barrule to see that site but Sandy & Ann Lydon would probably like to meet them.  It was agreed that  nothing formal would be organised.

af)  Her Majesty The Queen’s Diamond Jubilee Celebrations 2012.

The Clerk had now finally wound this up – finance-wise (with the exception of receiving the cheque from the Co-op).  A total of £791 had been made for local charities and this has been divided as follows:- £100 to Southern Befriender, £100 to Rushen Scouts, £100 to Rushen Twirlers. The remainder was divided equally between the Royal British Legion- Port Erin Branch, RUSH, (these were Port Erin’s nominations), £81.83 to Port Erin Library (Stanley Clucas), £81.83 to Pray n’ Play Playgroup (Jackie Bowman), £163,66 to the Thousla Trust  (RPC’s nomination).   She had sent out all the cheques, with letters and written thank you letters to everyone involved, as given to her, including Mr S Clucas, his daughter Jackie and the other members of his family who helped.  A report would be put in the local paper regarding the charities who received donations.

ag)  consultation – Planning Policy Statement – Planning and the Economy. Nothing further.

ah)  Robin Hill Farm, Cronk y Dhooney – noisy bikes.  Nothing further.

ai)  Garth Avenue – potholes.

The Clerk had not contacted Mr Knight yet.

aj)  Governor’s Visit.

The Clerk had spoken again to Mr & Mrs Gawne from Kentraugh.  As they would be off the Island twice in the next few weeks they said that early November would be the best time for them.  Mr Gunn and the Clerk would go and see them so that they could get some idea of how long a visit would take and what the official party would look at.  Rushen Band had replied that they would need to know a firm date before they could commit to being available.

Government House had given three options available for whole day visits by HE in November, once of which was the day of RPC’s monthly meeting.  It was agreed that 12^th November would be the most suitable.  A draft  itinerary was discussed:-  10am meeting at Rushen Band Room to meet locals  (?), visit Kentraugh, back to Ballafesson Hall for buffet lunch to be provided by J. Kennaugh,  then to Moorhouse Farm.   Guests were to be invited to meet HE and have lunch.  Each Member was to draw up a list of ten residents of Rushen who they would like to invite and to give it to the Clerk.

Meayll Booklet –  no price had been obtained for this yet.

am)  Port Erin Commissioners – proposed BMX/Skate park community project.

Port Erin Commissioners had written to say that they were “deferring consideration of the BMX/Skate Park Community Project for the time being pending a full report from their representative on the Rushen Youth Action Group. Members have no specific sites identified at this stage. I shall keep you informed of any developments but it appears the Action Group are progressing this matter now and I assume you will be represented on such body.”

Rushen Youth Action Group.  The Clerk had informed them that Mr Radcliffe was RPC’ representative and that any communication should be to him and to the Clerk so that she could pass any information to all Members.  Bradda now seemed to be the favoured place for a skate park.   This was noted.

An)  Housing Review Consultation.

The Consultation Response Report had been received via email – copied to Members 6/9.  There was also a letter from the Minister and the Full Report.  The Clerk had also  received a hard copy of the Short Report.  Both documents were available on the Government web site : www.gov.im/socialcare/ConsultationDetail.gov?id=311.

ap)  User Groups – Planning.

Letter from Planning .  They had organised  meetings for north, east, west and south.  The south one was to be in the Boardroom of Castletown Commissioners.  This was totally unsuitable as it would only hold about 14/16 tightly packed around the table.  The Clerk explained that as there were 6 local authorities each with between 5 and 9 members, plus Clerks only a few would be able to attend. So she had offered to organise the availability of Ballafesson Hall so that many more people could attend as it was so important.  She had contacted Sarah Corlett of Planning with the offer and she had thought it a good idea.  She had also contacted the southern LAs to see what they thought.  The meeting would be on the evening of Tuesday 27^th November and Sarah Corlett, Jennifer Chance, the Development control Manager and Emily Curphey, the Planning Policy manager would be attending.

Aq)  Data Protection  The cheque had been sent for renewal for the year.

ar)  Isle of Man Employers Federation.  Nothing further.

as)  Untidy garden – Strawberry Meadows.

Mr Vernon had been going to look at this before he went on holiday but had not reported back to the Clerk.

RESPONSIBLE FINANCE OFFICER’S REPORT.

This can be looked at by going to the Office and looking at the Minute Book.

8.  CORRESPONDENCE.

a)  Consultation.   Armed Forces Community Covenant.

COMIN had launched a public consultation seeking views on the introduction of an Armed Forces Community Covenant in the Isle of Man.  This would be an official declaration of the Island’s recognition and support for those residents who serve, or who have served, in the British Armed Forces.  Similar Covenants had been developed throughout the United Kingdom as local expressions of the National Armed Forces Covenant which was formalised by the UK Government in 2011. Copied to Members 29/8.  The consultation would run until 12^th October.  Members were in full support of this.

Consultation -Summary Jurisdiction and Miscellaneous Amendments Bill 2012.  Received by email – copied to Members 6/9.  COMIN had authorised a 6 week period of consultation on the proposed Bill following which the Courts of Justice would revert to Council for permission to proceed with the introduction of the Bill into the branches.  Noted.

c)  Consultation.  The Role of the Isle of Man Post Office.  ‘The current legislation relating to postal services is now almost 20 years old and in the intervening period the postal marketplace has changed significantly.  The proposed Bill will allow the Post Office to take account of technologies developed since 1993 including such areas as digital communication and data management, hybrid solutions and other similar services and products’.  Copied to Members 24/8.    Noted.

d)  Public Health Act 1990 – Part IV – Refuse Disposal.  Section 60 (2) Register of Disposal of Licences. Letter received on 21^st August from DEFA but no register.  This could be found on www.gov.im/daff/enviro/registers.xml.   Noted.

e)  Housing Acts 1955-1990.  From Environmental Health, DEFA.   This is a copy of a letter dated 4^th September and sent by the Environmental Health Officer to the owner of Hunna Cottage, Honna Road.  The house is rented out.  “I write further to a request for advice from the tenant of your above premises.  I have to advise you that I have recently carried out an inspection of the premises which revealed the following:  1.  Water ingress into the first floor bedroom through a roofing defect;   2.  Penetrating dampness evident to the front wall of the first floor front bedroom;   3.  Penetrating dampness evident to the rear wall of the first floor rear bedroom;  4.  Penetrating dampness evident to the front wall of the ground floor front living room.  Accordingly under the provisions of the above Acts, I must insist that eh above matters are properly remedied within 6 months of receipt of this letter.  Failure to properly remedy these matters may result in formal action being taken against you by Rushen Parish Commissioners.  I would be obliged if you would inform me of your intention in this matter.’  Signed by Ian Mansell, Environmental Health Officer.  There was a ‘Note’ at the bottom – “This letter is written on behalf of Rushen Parish Commissioners.  The signatory is an authorised officer of, and acting on behalf of, that Local Authority to whom a copy of this letter has been sent.

This was noted.

f)  Walney Extension Offshore Wind Farm.    Received 24^th August.  Copied to Members 6/9.  DONG Energy Walney Extension (UK) Ltd intended to develop and construct the Walney Extension Offshore Wind Farm, a new offshore wind farm west of Walney Island, … ‘will be located approximately 19km west of Walney Island and 31km southeast of the Isle of Man.  The attached a copy of the notice being published as a proposed application for a development consent order.  The notice publicised their intention to make an application to the Secretary of State via the Planning Inspectorate under section 37 of the Act for a development consent for the Project.  Note:  the consultation period in the Section 48 Notice applied to the wider community consultation only.  A shorter period would apply to consultation under section 42 of the Act.’

Members felt that such a development should not be allowed to interfere with shipping channels.

g)  IOM Marine Plan – Statement of Public Participation.

“DoI had released a Statement of Public Participation (SPP) to outline how and when interested groups and members of the public could have their say on the formulation of the IOM Marine Plan.  ‘The seas around the Island are becoming increasingly crowded, with demands on space from a number of different marine activities and protection measures.  It is important that an integrated and strategic approach is formulated to ensure the use of the area is managed in the most sustainable way. The IOM Marine Project has been established to do this through considering economic, environmental and social issues and will set out a vision with clear objectives and policies.  The Plan uses the principles of marine spatial planning, which includes a strong focus on stakeholder participation. The SPP acknowledges this and sets out how and when interested parties can become involved in the development plan and explains the main stages and activities in its production….”  A copy of the SPP and further information were available from the Isle of Man Marine Plan website at www.gov.im/transport/planning/msp/.

Consultation document received  - Isle of Man Marine Plan -Marine Development Consenting Process – Town and Country Planning Act 1999 – Consultation Document 2012.  Letter from Dr Peter McEvoy, Marine Spatial Planning Project Officer. (this is a cross Government Department project funded by the Department of Infrastructure, Dept.of Economic Development and Dept. of Environment, Food and Agriculture).  Could be viewed on www.gov.im/ConsultationDetail.gov?id=342.  Views by 26^th October.     Noted.

h)  Civic Services.

Maughold Commissioners –  Invitation to attend 3pm Sunday 9^th September at Maughold Church.  Afterwards at the Parish Hall.

Laxey Village Commissioners –  Invitation to attend 11am Sunday 23^rd September at Laxey Methodist Church, Minorca Hill and afterwards at the adjoining hall.

No Members indicated that they would attend either of these.                                                    i)  Open Gardens?    Mrs Davies, Dragonscroft had asked if there would be any interest in an ‘open gardens of Ballafesson & Ballakillowey’ – funds could be split between Riding for the Disabled and the Parish Fund.  Members understood that these events seemed to be more popular and it would be considered in the future.

j) Hop Tu Naa Festival 2012.

Letter from Dept. of Community, Culture and Leisure – Laurence Skelly MHK.  For 2012 they were promoting a new festival for the Island ‘which will celebrate our unique traditions and heritage surrounding Hop Tu Naa. The Isle of Man already has a busy programme of activities during Hop Tu Naa and we will be incorporating many of them into the festival; and including them in the official festival programme.  The Arts Council and the Manx Heritage Foundation have agreed to support the festival and through funding provided by them we can offer your local authority some financial support for activities you may be planning during Hop Tu Naa. As well as receiving this support your event will be included in the festival programme and all official promotion.  The festival will be advertised off island as well as locally.’   If you wish to apply for a grant the form has be sent in by Mon. 1^st October. The activity should promote one or all of the following – community participation; youth engagement; artistic and craft activities; celebration of Hot Tu Naa; traditional Manx cultural activities.  ‘We hope you will become part of what we anticipate will be a significant festival in our cultural life.  We plan for the Hop tu Naa Festival to become established in 2012 so it can grow in future years.’             This was noted.

j)    Christmas Tree price list.

The usual 15ft one would be £72.60 including vat @ £12.10.  Delivery £60  inc £10 vat.  This was thought rather expensive – especially the delivery.  It was to be ordered but the Clerk was to inquire why the delivery charge was so high and she was asked to email Phil Gawne, Minister of DEFA  about it.

PLANNING MATTERS

9.  PLANNING APPLICATIONS

a)  12/1129. Aigney Mie, Shore Road.  Mr B Ward.  Removal on PA 09/0428 regarding “No Permitted Development Rights” ,Town and Country Planning (Permitted Development) Order 2005.      Members felt that permission should be refused.

ALSO – 12/1130.  Aigney Mie   Mr B Ward. Erection of a shed and greenhouse on the land retained as agricultural land – PA 08/1099.  (This was land bought behind neighbouring 2/3 houses  – the owner also bought a piece of land behind Aigney Mie to make the rear garden larger).  Members had no objection to this.

b)  12/1110.  Ballaman, Ballnahowe Road.  Cheeseden Investments Ltd.  Revisions to previously approved alterations and additions PA 12/0552.  1.  Reception room increased in length (approx. 2.8m further put into garden); 2. Revised design and appearance of proposed swimming pool extension; 3.  Footprint/arrangement of proposed front Portico altered and reduced in depth by 1.2m (including windows to cloaks and WC inside portico).  Members had no objections to this.

c)  12/1114.  Majolica, Ballaganwe Road.  Mr & Mrs P Knop.  Window alteration to kitchen extension.   No objections.

d)  12/1218.  2 Carrick Bay View, Ballagawne Road.  Dr & Mrs Ogilvy.  Alteration of existing doorway to create a feature window and installation of 4 sun tunnels.  No objections.

10.  PLANNING APPROVALS 

a)  12/0954.  The Retreat, Surby Road, Ballafesson.  Mr & Mrs P Kneen.  Alterations and extensions to dwelling.  Conditions include:  3.  The external finishes of the extension must match those of the existing building in all respects.  4.  The roof (s) must be finished in dark natural slate.  Decision – Development Control Manager.  Issued 24^th August 2012.

b)  12/1043.  The Tramman, Ballakillowey Road, Colby.  Mr & Mrs J Qualtrough.  Erection of a replacement dwelling – Amendments to PA 10/0879.   Decision – Development Control Manager.  Issued 6^th September 2012.

c)  12/1114.  Majolica, Ballagawne Road.  Mr & Mrs P Knop.  Window alterations to dwelling.  Decision – Senior Planning Officer.  Issued 14^th September.

11.  PLANNING REFUSALS

a)  12/1026.  4 Grenea Cottages, Shore Road, Kentraugh.  Patricia Linnane.  Erection of two storey extension to side elevation, single storey extension to rear elevation, removal of rear workshop and widening of vehicular access.  Reasons for Refusal:  1. The proposal does not provide an adequate level of parking provision to meet the needs of the development.  This is likely to give rise to illegal parking, parking where it is difficult to manoeuvre or parking in the lay-by opposite the application property.  Such circumstances would undermine vehicular and pedestrian safety in a busy stretch of road with an unrestricted speed limit.  Decision – Planning Committee.  Issued 13^th September 2012.

12.  PLANNING APPEALS 

a)  12/0118.  Clybane, Mount Gawne Road.  Mr & Mrs P Jenkins.  Erection of replacement dwelling, extension of residential curtilage into part of fields 414177 and 414179 and creation of new vehicular access from existing field access.  APPEAL RESULT:

Mr & Mrs Jenkins appealed against the decision to Refuse permission.  The Appeal was held and the Minister concurs with the Inspectors recommendation that the Appeal be dismissed and that the Refusal should be confirmed:  Reasons for Refusal are:  1. The proposal is contrary to Environmental Policy 1 and Environmental Policy 2 of the Isle of Man Strategic Plan 2007 in that the proposed development, if approved, would represent an unwarranted encroachment into the countryside to the detriment of the character of the landscape.  2.  The proposal is contrary to Housing Policy 14 of the Isle of Man strategic Plan 2007 in that the proposed development, if approved, would be detrimental to the visual amenity of the area by reason of its scale, massing and design.    Issued 14^th August 2012.

Inspector’s Conclusions:  17.  The Strategic Plan generally opposes residential development on land outside towns or villages other than where appropriately designated.  The row of properties on the landward side of Shore Road, extending into Mount Gawne Road, are not in a town or village and are not designated for primarily residential purposes in the 1982 Development Order.  This remains the case in the South Area Plan now at an advanced stage towards adoption,

rather this intends to exclude properties in the near vicinity currently designated for residential purposes.  More widely this part of the Island is designated as an Area of High Landscape or Coastal Value and Scenic Significance (AHLV).  The appeal therefore is to be determined in the light of Strategic Plan Housing Policy 14 and the more general Environment Policies 1 and 2 applicable to the countryside in general and an AHLV in particular.  The main issue is whether allowing the appeal would harmfully lead to unwarranted development in the Manx countryside.                                                          18.  There is no dispute that the existing bungalow is of poor form.  Proposals for its replacement may therefore be assessed having regard o the second paragraph of Housing Policy 14: “Consideration may be given to proposals which result in a larger dwelling where this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting there would be less visual impact.”  Larger in this context means more that 50% bigger in floor area than that being replaced.     19. Less visual impact does not to my mind have to mean being more secluded or less visible; that would be unrealistic at this location, fronting the road and the first property seen on this side when approaching from the northwest.  However, meeting the underlying aim behind the Policy to safeguard the rural character and appearance of the countryside does require that taken as a whole – both the simple presence or mass of building combined with the quality of its design – should have at least no more impact than does the existing Clybane. 20.  The modest size of the existing bungalow limits its inherent impact resulting from presence or mass but this is offset by a lack of architectural merit.  The proposed house would be very much larger and more prominent – the impact from its presence or mass would be much more evident – especially when approaching from the northwest. I intend no general criticism of the design, but it would not offset the increased presence and mass of the replacement building by causing it to recede visually.  The outcome would simply be large and prominent, and this is illustrated by the submitted photomontages.  Added to this, widening the curtilage would spread domestication further along the road while the extension rearwards would intrude into what is currently fully open countryside.                                                                      21.  Replacing Clybane with something better does not require development of the size and spread of that proposed, which would be both unwarranted and harmfully erode the overall rural character and landscape quality of the locality.  Allowing the rearward curtilage extension, certainly to the extent proposed, would also make it hard for the Planning Authority to resist similar proposals along this stretch of Mount Gawne Road, which could risk further intrusion into the countryside even though any application would need to be assessed on its merits.                                                                                             Recommendation:  I recommend that the Appeal be dismissed.    Alan Langton.  Inspector.

13.  COMPLETION CERTIFICATES   none

14.  OTHER PLANNING MATTERS 

a)  12/0974,  Cronk E Dhooney Cottage, Cronk y Dhooney, Ballakailpheric.   Mr & Mrs A Burden.  Division of existing dwelling into two dwellings, one to be used as tourist accommodation,   This had been withdrawn.

15.  ANY OTHER BUSINESS     None.

16.  DATE OF NEXT MEETING       Wednesday  17^th October 2012.

This part of the meeting finished at 10 50pm.

Meeting held 7pm Wed. 15^th August 2012 at Ballafesson Hall.

MINUTES

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

There were no Members of the Press or Public in attendance.

1.  MINUTES

The Minutes of the Meeting held Wednesday 18^th July 2012, having previously been circulated, were taken as read and agreed a true record.

2.  MATTERS ARISING:

a)  DoI/Local Authority Issues

Review of the Scope of Government – Independent Report.

Mr Ronan had confirmed that he would meet RPC on Tuesday 25^th September at Ballafesson Hall.  He will be accompanied by Mr Kneale.  Mr Vernon would be unable to attend as he had been given leave of absence for the September and October Meetings.  The other Members and the Clerk would attend, however.

Mr Pilling asked the Clerk if she would obtain a list of the Rates for all the Local Authorities.

Southern Local Authorities Meeting–  2^nd August.  (2^nd meeting – first was held at Malew  on 20^th June)  This was held at Castletown Commissioners’ Boardroom with the Chairman of Castletown Commissioners in the Chair.  Representatives of all the Southern LAs were there (some only the Clerks). The Clerk had forwarded an email to all Members on 7/8 which was from Castletown Commissioners and which iwas a report on the Meeting on 2^nd and the attachment was an item on Housing which Mr Weir, Chairman of  Castletown Commissioners had drawn up for consideration.   Members were supportive of sharing information.  The next meeting of this group would be on 4^th October at Port Erin Commissioners.

Members’ Declaration of Interests. The book was available for additions or perusal.

Training for New Members –  nothing further yet – it was thought that it would probably be in the Autumn before these would be organised.

b)  Southern Area Plan   -

The Modified Final Draft Area Plan and the List of Modifications.

Mr Radcliffe and the Clerk would now work on the letter to be sent to the MHKs and officers of the Planning Department who should all be back from holidays by the middle of September.  This letter would encompass the views of the  Ballakilley Working Party.

c)  Waste Management and Refuse Collection

Jones Services –   nothing new at present.

Commercial refuse –   nothing further at present.

Bad debts   Mr Gunn had some information about who to contact regarding the Small Claims Court.

Bring Banks –  nothing further at present.

d)  Lighting/MEA

Ballagawne Road lighting upgrading scheme -  trees  not cut back yet.  The Clerk was to ask the MEA to look at how the trees were affecting the lighting at present so that they would know what to cut back if they were doing it in the winter.

Light at the bottom of Mount Gawne road.  Nothing further.

List of lights –   The Clerk had asked the MEA if they could give RPC an idea of how many lights may need replacing over the next five years.

Garth Avenue –  Mr Vernon said that there was a light there which was buried in bushes.  The Clerk was to inform the MEA.

e) High Hedges –  Mr Radcliffe and the Clerk had looked at a possible case in Glen Chass.

f)  Traffic

Roundels, etc – Ballafesson Road and Croit-e-Caley.    ‘Ballafesson’ sign. The design for this hadn’t been received yet.

Ballafesson Road  requiring re-evaluating – nothing further.  This was to be brought up at the next Traffic Meeting.

Plantation Hill.  – Danger to pedestrians on hill.

The Level/Croit-e-Caley.    The signs had been erected.  Mrs Stott from Croit-e-Caley had thanked RPC for  getting this done.

Glen Chass – sharp corner & turning circle.  Cul de Sac sign. Mr Cain confirmed that this was not done yet.

Cregneash – safety of pedestrians coming to and from the car park to look at the Folk Museum and Village.    The road was being top-dressed and it was hoped that the lining for the pedestrian path would then be painted.

Mr Cain confirmed that Hedge at the entrance to the car park had been cut.

Pavement on Shore Road –   Notice from Highways that there would be’ a speed limit of 30mph on the Shore Road from bottom of Fishers Hill to the junction with Kentraugh Mill Road from 6am on 20^th August until 6pm on 28^th September or until the pavement resurfacing work is completed, whichever is the earlier.’  DoI Operations Division were carrying out the work.   In view of other road works which were in need of being done the Clerk was to write to enquire what the criteria was for deciding where a pavement need renewing.

Smiley face signs –   email from DoI.  They were going to centralise the Island wide management of electronic speed indication devices rather than the ad hoc arrangements that were in place.  They were asking each Authority how many signs they had and where and also if they owned them.  The Clerk confirmed that RPC didn’t have any.  They also asked if RPC could identify any locations at which they would like such signage to be deployed in the future.  This was in order that the Department may make the arrangements for the provision of suitable poles.

Members agreed that these signs were effective in certain areas and they would like some poles erected:-  the top side of the Barracks on Ballafesson Road; Ballakillowey –  just before coming down past the houses and the same at Ballakilpheric; at Howe Road,  – below the junction with Glen Chass Road.  The Clerk asked Members to let her know if they thought of anywhere else which may benefit from having these signs occasionally.

g)  Police

Mr Vernon had attended the meeting on 31^st July and said that there was nothing to report.

Public Meetings to discuss proposed new police powers. –   Mr Pilling was the only Member who had attended.  He said that there had only been about seven members of the public there and he gave a brief report.

h)  Litter, beach cleans, dog fouling, etc

Dog bins.    Mr Vernon said that Arbory Commissioners had borrowed a portable CCTV camera to deal with a dog fouling problem in Friary Park, which had been successful.

Signs –  The Clerk had make enquiries from Colas and she had been given two web sites which they use for ordering signs.      Mr Cain had obtained an information leaflet with contact details for the Workshop for the Disabled who had a stand at the Royal Manx Agricultural Show.  The Clerk was to contact them to see if they could make some dog signs.

Honna Road –   Mr Vernon said that there was a problem with dog fouling on the Honna Road between the corner by the Chapel and the Old Bakery Cottage.  The Clerk said that she  could put up a relevant sign.

Beach Cleans –   The 41 Club had carried out a beach clean on Sunday 22^nd July – Mr Corke had collected bags from the Clerk the previous week.  She had been told that there was trouble at the Amenity Site with a member of staff telling the person who brought the rubbish in that he knew nothing about it and had it been weighed.  It hadn’t and was already in the pile so the worker asked for a guess.  Also he said they did not take tyres and that they should be taken to Joe Taggart’s Farm at Lime Kilns Farm or thrown back on the beach again.  The Clerk had been off the Island that weekend so couldn’t do anything about it but she pointed out that this attitude was not helpful to any group doing a beach clean and must discourage them.   The Clerk was to write to the Amenity Site to highlight this problem.

Beach Buddies  -   nothing at present.

h)  Playing field, Howe Car Park.

The shed.   Mr Cain had taken the broken door away.  There were cracks in the structure and it was thought it may be best to demolish it altogether.  This was agreed.

Swing  & matting & wires .

Multi Users Games Area – Mr Pilling said that this seemed to be what was being brought in in the UK.   The young people using such facilities would need to be involved in caring for such a facility.

Car Park, the Howe.    The Clerk was to ask Mr Booth to trim the hedge again – both sides.

Footpath from Ballakillowey to Carrick Bay View  – to be left on the Agenda.

j)  Web Site.

Mr Vernon said he would update this before he went away.

k)  Southern Civic Amenity Site.

Complaint from Mrs M Watterson, Surby.  The Clerk was to report this to the Amenity Site Board and also the complaint reported earlier in the meeting in ‘Beach Cleans’.

Letter from CA Clerk - re incident at the Site – witnessed by a Board Member.  Men in protective clothing emptying stuff out of bags straight onto the rubbish pile.  It was from a vulnerable person’s home.  Apparently it had been treated for fleas hence the kit.  It was also smelling and clearly contained items which contravened the Site Licence i.e. rotting food waste.  Members of the CA Board felt it was totally unacceptable to expect the Site to take this type of rubbish without any kind of consultation and demonstrated a lack of consideration for their staff and the public.  Upon these persons’ departure from the Site the public were asked to vacate the area to allow a worker to load the material into a skip.  With mutual cooperation a second consignment was accepted though the Site was closed to the public – it was put straight into the digger bucket and then a skip.   This is the first time they have experienced such a situation and to prevent it happening again she has been asked to forward the Board’s policy:   Having reviewed the way in which staff should deal with similar incidents unless such deliveries have been agreed beforehand with the Clerk or in her absence the Site Supervisor they will be turned away.  It  should be decided between the Department and the Authority who will negotiate with the Site over the time and day – there needs to be an empty skip available and it will be necessary to know the type of waste to expect and approximately how much.’          This was noted.

Letter from Waste Management, DoI. (John Quayle) 18^th July).  ‘Use of Civic Amenity Sites as a transfer station for waste from their own operations’  It has been brought to the Department’s attention that some Local Authorities areas using the local Civic Amenity Sites as a transfer station to dispose of waste from their own operations.  I must remind you that this practise is not only in contravention of the site’s licence but will also add an unfair burden on the other constituent authorities with the cost of your disposal.  I would be grateful if you could provide details of any waste you send to the Civic Amenity Site so that we may review its acceptability and build a picture of what is taking place across all four sites.’

The Clerk had emailed John Quayle to ask for clarification of this as all Local Authorities in the South were paying differing amounts towards the Site – according to their area’s RV.  She said it was thought that this was part of what the Sites were set up as  i.e. local authorities’ and residents’ use.  That was on 19^th July – no reply received yet but she had emailed him again.      It was agreed to wait and see if any further information would be sent.

The Clerk had contacted the Clerk of the Amenity Site about this to see if she knew anything but she hadn’t received that letter.

l)  Municipal Association

Mr Gunn had not attended the last meeting.

The Clerk had given Members information from the Municipal Association regarding waste and recycling, etc which she felt they may find interesting and of use in future discussion regarding local government reforms.

m)  Southern Swimming Pool

Mr Radcliffe said that he had not attended the last meeting.

n)  Allotments   There had been nothing further.

o)  Southern Healthcare Committee

Mr Vernon had not been able to attend the Coffee Morning.

p)  Rushen Ambulance     Nothing further.

q)  MNH   

 John Donald Collister Bequest – MNH consultation. Acknowledgement of letter from Chairman.

r)  Risk Assessment  nothing at present – The Clerk said  it was time to contact Mr Edwin, the Consultant.

s)  Land in front of Hillcrest, Cregneash . Nothing further

t)  Golden Jubilee Trust   Nothing further.

u)  Unsightly buildings and land    Nothing further.

v)  Croit-e-Caley Green – bench and tree.

Stone.   This would be done when the weather was drier.

w)  Agricultural Rating    Nothing further.

x)  Grass Cutting

Pic-nic Site, Ballakillowey.     The Clerk said she would now send the claim for the DoI contribution.

The Clerk had received a complaint about the public footpath through Carrick Bay View being overgrown.  She had contacted DoI to discuss this and they had said that the growth was not theirs.  She therefore asked Mr Booth to cut it back.

y)  Disaster Recovery Plan

z)  Ballagawne Road – bus stop, etc.

Ballagawne Road stop.  The Clerk was to write to Mr Clucas, owner of the hedge, to thank him for his assistance in this matter

Ballachurry Bus Shelter   – Mr Vernon had painted the inside of the shelter and he would paint the wood on the gables of the roof.  He was thanked for doing this and it was agreed that the shelter now looked very attractive.

Aa)  Hedge at Garthcote & others.  Nothing further.

Ab) Zero rated properties     nothing further.

ac)  Planning Committee Meetings

The Clerk said that there had been no planning applications before the Committee for which she thought she should attend

ad)  List of past Chairman.

Mr Vernon would put this on the web site to see if any further information forthcoming.

ae) Memorial to wartime plane crash. –

The Clerk reminded Members that there were supposed to be a  group of Americans coming over in September and they would be going to the Site.  She asked if she should contact Ivor Ramsden from the MAPS to see if it was still happening and asked if they could want to meet some of these people.  It was agreed that she should contact him and that some of the Members would like to meet with the group.

af)  Her Majesty The Queen’s Diamond Jubilee Celebrations 2012.

This had finally been held on Saturday 4^th August and the weather was fine.  Although there weren’t large crowds everyone seemed to enjoy themselves.  The Clucas family worked hard for this – especially Mr Clucas and his daughter Jackie. The Clerk, as Treasurer, reported that all the bills hadn’t been received yet she thought that the profit would be £600/700 to give to local charities.  The winning ticket for the boat tickets was 68 and this was sold on the afternoon at the gate and had been claimed by Mr Reynolds, Port Erin.

The Committee had decided to give £100 to Rushen Scouts, £100 to Rushen Twirlers and £100 to The Southern Befrienders.  Port Erin Commissioners, RPC and Mr Clucas would each then have £100 to choose which local charities they would like to give that money to.  The Members of RPC discussed their £100 and agreed that it should be put into the Thousla Trust to be given out later.

The Clerk was thanked for her work towards the Fair.  Letters of thanks from RPC were to be sent to Stanley Clucas and Jackie Bowman.

ag)  consultation – Planning Policy Statement – Planning and the Economy. Nothing further.

ah)  Robin Hill Farm, Cronk y Dhooney – noisy bikes.  Nothing further.

Ai)  Insurance

Invoice received for renewal and approved for payment.

aj)  Port Erin Commissioners – Litter Officer/Dog Warden.

A reply had been received asking if RPC would contact them if they changed their mind.

ak)  Garth Avenue – potholes.  The Clerk had not contacted Mr Knight yet.

al)  Governor’s Visit.

Sound Farm, Kentraugh House, Rushen Band Room, Ballafesson Hall.

Mr Cain said that Mr Collister declined the offer of having the Governor visit his farm.  It was agreed that Mr Costain, Moorhouse should be approached and the Clerk would do this.

The Clerk had contacted Mr and Mrs David Gawne, Kentraugh who had confirmed that they would be pleased to have Kentraugh as part of the Governor’s visit to the Parish.   She would confirm this.  She and Mr Gunn would go to see Mr Gawne to discuss what form the visit would take.

The Clerk was now to write to Rushen Band and Ballafesson Methodist Church.

Meayll Booklet –  the Clerk had not been able to get a price for the reprint or update of this yet.

am)  Port Erin Commissioners – proposed BMX/Skate park community project.

Letter received from Port Erin Commissioners enclosing two letters recently received from young people who would like a BMX/Skate park.(last meeting)  ‘The Commissioners have delegated Mr Tony Wright to meet the Headteacher of Rushen Primary School, the writers of the letters and other pupils with a view that a BMX/Skate park is piloted as a community project with possible liaison between yourselves and Port St Mary Commissioners and School Phurt Le Moirrey.  I shall be pleased to receive your views and comments and whether or not your interest in principle at this stage in participating in such a project.’

The Clerk had written to ask if Port Erin Commissioners had anywhere in mind and pointed out that the place which RPC had agreed would be most suitable was Ballakilley land but it now seemed that it would be zoned as residential.  She had also pointed out that RPC had, many years ago, thought about having a BMX track in Ballafesson but that it was now a playing field instead.

Received -  a copy of an email today from Tony Wright from Port Erin Commissioners to Laurence Skelly saying that his Commissioners had asked him to arrange a meeting between \Laurence, Phil Gawne and him and the Clerk of RPC to ‘fully explore the options and gather relevant information re Bradda and Rushen’s offer of a space in Ballafesson.  The Clerk pointed out to Members that she didn’t  know how this Ballafesson ‘offer’ had come about as RPC had never offered anything anywhere other than promoting and supporting a BMX track on the Ballakilley land.  It was mentioned in the info RPC had received by email from the Youth Action Group but as RPC as yet didn’t have any representation on it there couldn’t have been any offer of any sort.  She had  replied to his email that RPC were supportive of a BMX track but that it would be up to the owners of the land at Ballafesson if they agreed for land there to be used for this.

Members discussed this and it was agreed that the Ballafesson Playing Field would not be suitable as a BMX track as it was too far from where most of the young people lived.  Alternatives to be suggested were the quarry by the former Marine Biological Station or land just below the Golf course at Bradda.

Rushen Youth Action Group.  This still seemed to be in existance , despite RPC believing that they weren’t,  as they had a meeting on 30^th July and RPC received an email from Juan Watterson MHK with action points from that meeting – forwarded to Members on 30/7 – BMX Park & Skate Board Ramp – a number of sites were identified (including in Rushen the Ballakilley land, lower field of Rushen School, Ballafesson Playing Field).  Also Hangout Shelters.   The Group seemed to be under the impression that Mr Cain had attended the first, public, meeting as a representative RPC but he had just been an interested Member of the public.  It was agreed that Mr Radcliffe would be RPC’s representative at any meetings and the Clerk would inform Mr Watterson of this so he would be kept informed of any meetings.

The Clerk had been forwarding Members information received about the ‘Pods’/ Hangout shelters – this had been discussed at the Police Meetings also as the information had come, in part from Inspector Newey and subsequently the Clerk of Port St Mary had been looking into it.

an) consultation:  draft Carers’ Charter for the Department of Social Care.

From the July Meeting.  Email received from Chris. Robertshaw, Minister for Social Care.  They were running this consultation in partnership with Crossroads Care, the Council of Voluntary Organisations, the Department of Health, the Department of Education and Children and Manx Cancer Help.  The consultation document was at  www.gov.im/socialcae/services/adults/carers.xml  or www.crossroadsiom.org.   or could be collected from Tynwald Library, Dept. of Social Care or Crossroads Care, Derby Square.   Consultation will run until Friday 21^st September. The Clerk had given all Members a copy of the Questionnaire so that they could come to the meeting ready to complete it as a Board.

The Questionnaire was considered page by page and collective answers given.  The Clerk was to complete and return this before the deadline.

ao)  Opening of Reayrt y Chrink – phase 3.

Mr Vernon and the Clerk attended and also Mr Radcliffe as the representative on the Committee.  They reported that they had a chance to look inside two of the apartments and that they had been very impressed.

ap)  User Groups – Planning.

The Office of Planning had written re‘User Group Meetings’ Nothing had been arranged yet between the  South LAs although the Clerk had contacted Castletown Commissioners.

Aq)  Data Protection

Renewal notice received.  Cost of renewal was £50.

RESPONSIBLE FINANCE OFFICER’S REPORT.

This can be viewed by coming to the Office to look at the Minute Book.

8.  CORRESPONDENCE.

a)  2^nd Supplemental List 2012.

Net Rateable Value of the Parish is £139,757.   Noted.

b)  Hedge opposite Quietways, Glen Chass.

Reported in Private Session Minutes.

c)  Personal Service Companies – consultation

Received news release – forwarded to Members 6/8.  Document was available at www.gov.im/treasury/incometax/ConsultationDetail.gov?id+331.        Noted.

d)  Isle of Man Employers Federation.

The Clerk had received a phone call from a woman from the Employers Federation asking if she could come and see her the following day.  She said she had sent a letter about it but the Clerk had not received it. The woman told her that RPC must use registered contractors for any work (which she knew was required for building work) and that one of the well-known contractors she mentioned as servicing boilers were not on the list.  The Clerk was suspicious of this and so had emailed her some questions. The Clerk had said she was too busy at present but the woman was most insistent and said she would come on the Friday.  The Clerk had no knowledge that this was anything official.  She could not be in the office on the Friday so left a message to apologise and asked for the letter to be sent to her.  When the letter was received it transpired that the Employers Federation were administering the Approved contractors Scheme for the IOM Government.

e)  Untidy garden – Strawberry Meadows.

Email received from Mrs Stott regarding her opinion of the state of a neighbour’s garden and cars parked in the driveway. She had approached her neighbour about this but had no reply.  She had also approached the man in charge of her local Neighbourhood Watch.

Mr Vernon said that he would go and have a look at it.

PLANNING MATTERS

9.  PLANNING APPLICATIONS

a)  12/1043.  Tremon Farm, Ballakillowey Road.  Mr & Mrs J Qualtrough.  Proposed alterations to incorporate an additional window to south elevation of dwelling.

No objections.

b)  12/1026.  4 Grenea Cottages, Shore Road, Kentraugh.  Patricia Linnane.  Two storey extension to side  elevation,; single storey extension to rear elevation; part removal of front entranceway to ease vehicular manoeuverability; removal of workshop to the rear.

No objections.

c)  12/0875.  Corvalley, The Howe.  K Kniveton.  Demolition of existing building and construction of new dwelling.  Additional information re access.

Mr Cain declared an interest as the owner was a relative.                 No objections.

d)  12/0499.  Laureston, the Level.  Creation of driveway and vehicular access.  This was approved by RPC at the July Meeting.  The Clerk had looked at the Planning Committee Sitting list and saw that it was before the Planning Committee for determination as the recommendation was contrary to a recommendation of the Highways Division.

This was for information purposed only and the Clerk was just informing the Members.

e)  12/1068.  Amberwell, Fleshwick Road, Surby.  Mr S Ridge.  Demolition of garage, two storey extension to west elevation to create granny flat, single storey extension to east elevation, dormer window to south elevation, widening of existing driveway and road access to create two off-street parking spaced, doorway altered to window to north elevation.

Mr Radcliffe declared an interest as he may be involved in doing some of the work.  Mr Pilling declared an interest as this property was behind his house.

There were no objections providing the neighbours did not object.

10.  PLANNING APPROVALS 

a)  12/0824.  Coverdale, Glen Chass Road, Glen Chass.  Mr & Mrs S White.  Erection of two storey extension to side and rear elevation.    Conditions include 3.  The external finishes of the extension must match those of the existing building in all respects.    Decision made by Senior Planning Officer.   Issued -  18^th July 2012.

b)  12/0857.  3 The chase, Ballakillowey Estate.  Mr & Mrs D Reeday.  Erection of an extension to dwelling.   Decision – Senior Planning Officer.  Issued – 25^th July 2012.

c)  12/0499. Laureston, The Level.  Meadow Developments Ltd.  Creation of a driveway and vehicular access.  Decision – Planning Committee.  Issued 7^th August 2012.

d)  12/0930.  Field 410872 Ballachrink Farm, Cousins Hill, Surby.  Mr J Hargraves.  Erection of an extension to existing agricultural building.  Conditions include 3.  The building must be used for agricultural purposes.                    Decision – Senior Planning Officer.  Issued 13^th August 2012.

e)  12/0972.  Hillcrest, Cregneash.  Mr & Mrs J Qualtrough.  Retrospective. Installation of replacement windows.

11.  PLANNING REFUSALS   none

12.  PLANNING APPEALS   none

13.  COMPLETION CERTIFICATES none

 14.  OTHER PLANNING MATTERS  none

15.  ANY OTHER BUSINESS   .

A  Lighthouses on The Calf.

Mr Radcliffe said that he had been on an exercise with the Coastguards on the Calf, by the older lighthouses.  They were concerned about the lack of maintenance on these old, historical buildings.  The glass in the windows was broken allowing the weather and birds to get in and damage them.  They thought that Manx National Heritage, as owners, could maintain them better.  The Clerk was to write with regard to this and suggest that they could, perhaps, get a band of volunteers to replace the glass and to do some other maintenance work.

16.  DATE OF NEXT MEETING       Wednesday  19^th September.

As there was no further business for the public session the meeting then went into private session at 10.18pm.