Annual General Meeting held 7 30pm Wednesday 19^th May 2010 at Ballafesson Hall.

MINUTES

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

Mr P Vernon, Mr D Cain, Mr A Tinkler (for part of the meeting).

1.  MINUTES

The Minutes of the Meeting held Wednesday 21^st April 2010, having previously been circulated, were taken as read and agreed a true record.

2.  ELECTION OF OFFICERS FOR MUNICIPAL YEAR 2010/11.

Mr Gunn thanked all the Members and the Clerk for all their help throughout his year in Office.

The election for the new Chairman and Vice-Chairman then took place.

CHAIRMAN

Mr David Radcliffe was proposed by Mr Tinkler and seconded by Mr Vernon.

He agreed to take Office.

VICE-CHAIRMAN

Mr Derek Cain was proposed by Mr Vernon and seconded by Mr Tinkler.

He agreed to take Office.

3.  ELECTION TO VARIOUS BOARDS AND COMMITTEES.

i)  Southern Civic Amenity Site Board – due for election for a 3 year period.

Mr Cain was proposed by Mr Vernon.  Mr Cain said he would not mind standing down if the Board felt that a new face was required. However, he was seconded by Mr Gunn and he agreed to take the position.

ii)  Southern Swimming Pool Board – due for election for 3 year period.

Mr Radcliffe, who had been on the Board for two years, was proposed by Mr Cain and seconded by Mr Tinkler.

iii)  Marashen Crescent Elderly Persons Housing Board – due for election for a 3 year period.

Mr Radcliffe was proposed by Mr Vernon and seconded by Mr Gunn.

iv)  Municipal Association – Annual.

Mr Gunn was proposed by Mr Vernon and seconded by Mr Cain.  The Clerk reminded Members that, if the representative could not attend then the Association thought it very important that a substitute did so.

v) Southern Healthcare Committee – Annual.

Mr Tinkler, the present representative, said that he was Secretary and Vice-Chairman and he thought that it would be acceptable for Rushen to have a representative other than him.

Mr Vernon was proposed by Mr Cain and seconded by Mr Gunn.

The Clerk was to write to Mr Tinkler, in his capacity as Secretary to the Committee, to inform them that Mr Vernon had been nominated as Rushen Parish Commissioners’ representative.

vi)  Rushen Ambulance Committee – Annual

Mr Vernon indicated that he would be willing to step down.  Mr Tinkler indicated he would be willing to stand and he was proposed by Mr Vernon and seconded by Mr Cain.

vii)  Golden Jubilee Trust –

Mr Radcliffe was to remain as the representative – proposed by Mr Cain and seconded by Mr Vernon.

4.  MATTERS ARISING:

a)  Southern Area Plan.

Nothing further at present.

i)  DoLGE/Local Authority Issues:-

ii) Corporate Governance Principles and Code of Conduct.

Record of Members’ Interests – Members were in the process of completing their entries.

iii)  Court Training for Clerks – The Clerk had attended the full day session that day (19^th May).  She reported that she had found it interesting although much of it was about dog fouling.  She did, however, gain enough information for her to feel fairly confident in preparing the paperwork for a High Hedges Case if needed, also possibly prosecuting or being a witness in a case.

d)  Waste Management and Refuse Collection

Bad Debtors – Mr Tinkler had not been to see these people yet.

Port Erin Commissioners – combined refuse meetings. These were now being held between Port Erin, Port St Mary and Malew only.

John Wrigley – Waste Manager. He was to be invited to attend the June meeting.

Refuse Collection

Sound Café – The Clerk was to visit the Sound Café and check on the situation.

Bins wrecked – The Clerk had received a report from the organisers of the Rally that a car had gone off the road and wrecked two bins on Balnahowe Road.  They said to send the bill to them for the replacements.

e)  Lighting/MEA

Ballakillowey  roundabout/Ballagawne Road scheme.  Nothing further on this yet.

g) Carrick Bay View

Carrick Bay View  ‘purchase’ – nothing further.

i)  Hedges

High Hedges:-

Dragonscroft Honna Road/Tynewydd, Mill Road.

Members would now wait for the outcome of the meeting.

j)  Traffic matters – Department of Transport and other DoT matters.

Re: Traffic meetings:-

Ballachurry Corner

Rushen School -

Plantation Hill. – letter from Mr & Mrs Gooberman – regarding the speed survey which was taking place on Howe Road – they said that the sensors had been placed in the wrong place.

Civic Amenity Site.

Ballakilpheric -

The Level

Glen Chass – sharp corner & turning circle.

Mr Cain had offered to put some large stones at the side of the road which may discourage drivers from trying to negotiate the corner. It was thought not advisable to do so.

These matters  would all be dealt with at the next Traffic Meeting which would be on 26^th May and which the Clerk and Mr Vernon would be attending.

Other DoT matters:-

Glen Chass Road – narrow corner. Nothing from Jim Davidson.

Ballakillowey roundabout – nothing further.

k) Police

Mr Radcliffe and the Clerk had attended the Police Meeting on 29^th April at Castletown Commissioners Office.  Mr Radcliffe had spoken to one of the Fairy Hill residents who had given him more information which he given at the meeting.  Inspector Musson said that there had been no incident – except that  two cars had been damaged at Ballafesson.   The Police were asked if they could go and reassure the people in the area as there were concerns about what might have been going on.  They agreed to send an Officer and Mr Radcliffe reported that they had done so and they also offered to hold a Community meeting between the Police, RPC and the residents.

There had been no reported crimes in Rushen during the previous month.

The next meeting would be on 27^th May at Port Erin Police Station.

l)  Litter, beach cleans, dog fouling, etc.

Colby Football Club – some of the younger players carried out the beach clean on Bank Holiday Monday.  Mr Kelly did not have time to take it to the Amenity Site so Mr Radcliffe had done so. There were two trailers and a van full of rubbish.

It was agreed to give a donation of £200 to the Club, with a letter of thanks.

Chasms Car Park –  The Clerk had asked Colas if they stocked a smaller litter bin which would fit on a pole rather than put one of the larger ones there which would have to be set into concrete. She had not received any information yet.  She had been to check the bin prior to collection and reported that it was full with dog bags and litter.  The new large bin was to be put in and the dog bin monitored or the dog waste could be put in the litter bin.

Ballafesson Road – Mr Radcliffe said that there was sometimes a problem with litter on Ballafesson Road where the school children gather to catch the bus in the mornings.  The hedge alongside had been found to be full of litter when it had been cut.  The possibility of putting a litter bin there was to be investigated.

Complaint from Mr W. Collister, Cregneash, re the amount of litter and dog bags overflowing from the litter bin at the DoT Car Park in Cregneash.  There were two there which the DoT had installed some years ago and which they subsequently said they weren’t emptying any more (the same as the Sloc picnic area) and the local authority had to do so.  They were emptied once a fortnight on the normal collection.  The Clerk had been to check them and found that the inside of one of the bins was missing and the cover was tucked behind the grit bin.  She had put a new liner in it by using one from the new bins which had been purchased and would have to order another liner to replace it.

Mr Collister had also complained about one of the wooden bollards at the entrance to the car park which could not be seen in the dark and which someone who was visiting him fell over.

m)  Ballafesson Playing Field,    Car Park, The Howe:-

The Clerk reported that no other local authorities in the south seemed to be ordering safety matting at the moment so what and how to order was to be investigated further.

n)  Web Site

Mr Vernon had not yet been able to contact Mr Thornley but had the matter in hand.

o)  Southern Civic Amenity Site

Mr Cain said there was nothing to report.

p)  Southern Swimming Pool

q)  Municipal Association.

Mr Gunn said that he had not been able to attend the last meeting.

The AGM would be held on Thursday 27^th May at Station, Port St Mary.  Mr Gunn and Mr Radcliffe were to attend.

r)  Allotments

Mr Radcliffe confirmed that there had not been any meetings of the Committee held yet.  He had received a letter from the Deputy Clerk of Port St Mary Commissioners informing him that the new independent representative would be Mr Mizen.

s)  Southern Healthcare Committee

Mr Tinkler had not been able to attend the last meeting but he reported that the Committee had agreed to fund an automated check-in system at the Castletown Surgery and also a sensory unit at Cushag House at the Four Roads.

t)  Marashen Crescent

Mr Radcliffe reported that the tender documents had been sent out for Phase 3.  Work was due to start in August.

u)  Rushen Ambulance

Mr Vernon said there was nothing to report.

v)  MNH

w)  Risk Assessment

Letter from Mr Edwin, Bride.  His Company – edwin-mcgrath consulting – were offering their services.

The Clerk was to contact Arbory Commissioners to find out who they would now be dealing with regarding their Risk Assessment.

x)  Land in front of Hillcrest, Cregneash.

Mr Cain said he had spoken with David Cooil regarding cutting this and he would do it the following week.

y)  Golden Jubilee Trust

Mr Radcliffe said the May Event at Ard Whallan had been called off as there had only been two teams.

z)  Chain of Office and Board for hall with list of all past Chairmen.

Chain of Office –  Mr Gunn had collected the chain from the jewellers and reported that the valuation would be sent in the post.

Past Chairmen. It was agreed that this would be a good project for students and Castle Rushen High School were to be asked if they would be interested in this.  The Clerk was to contact Catherine Edds to see if this would be viable.  The Clerk would have to make a list of Chairman who were already known from the Minute books available so that the students would have something to work from.  She said that the Minute Books could not be taken out of the Office so any references to them would have to take place there.

aa)  Ballakilley Working Party

Notification from Port Erin Commissioners re their representatives on BKWP: Mr D. Corkish and Mr J Unsworth.

ab)  Addresses in Rushen. Nothing at present.

Ac) Unsightly Buildings and Land.

The Clerk said that part of the training session she had attended that day mentioned  prosecutions regarding unsightly buildings – Mr Howie of Environmental Health had given a talk regarding that.

ad)  Insurance,

The Clerk was to contact Mr John Faragher of  Kestral Insurance to obtain a quote for the Insurance.

ae)  Sloc Sites

This was in hand.

af)  Parish Walk

The Clerk had written to the organisers to say that RPC would put two bins on the road up to the Sloc.

ag)  Mount Gawne Road – construction vehicles

email from Mr Surgenor – copied to Members on 5^th May  – re a letter he received from Mr Holtby re a new planning application for Motorlands and also about construction traffic in general.

This was noted.

It was also noted that the new planning application had now been received and would be dealt with under ‘Planning Applications’.

ah)  Children in Song Concert

The Clerk had written to Mrs Richardson suggesting Mr Gunn read out the poem and asking for more information – no reply received yet.  She was to try to contact her again.

ai)  Shore Road – access to beach.

Letter received from Harbours (Capt. Brew, Director of Harbours)– ‘Access to the foreshore from Shore Road, Bay ny Carrickey is a matter for my colleagues in the Highways Division and I will forward your letter to Richard Pearson, Director of Highways for his attention.’

Letter from Highways – acknowledging receipt.

Nothing had yet been done – access remained blocked.  The Clerk was to send an email to Mr Pearson.

Aj)  Agricultural Rating.

The Clerk had written to ask for the criteria re rating agricultural dwellings.  Nothing had been received yet.

RESPONSIBLE FINANCIAL OFFICER’S REPORT:

The Minutes containing all this information can be read at the Office of the Commisioners by contacting the Clerk.

10.  CORRESPONDENCE

a)  Rates Statement 09/10.

Rates – £81,426.45 including arrears recovered of £856.25 –less allowances/exemptions, discount, defaults of £5,960.98.  Total collectable £75,465.47; collection charge £1,331.98 – which makes a total paid to RPC of £74,133.49.

Refuse charge – £3,815.45 less allowances/exemptions, discounts, defaults of £293.79; collection charge – £70.43 which makes a total paid for this £3,451.23.

Total of both as paid to RPC was £77,584.72.

Mr Tinkler asked if RPC could have a list of defaulters and the Clerk said she would email Mr Grubb of the Rates Section of Treasury and ask.

The Clerk said rates arrears had been discussed briefly at the training seminar she had attended that day.  Those present were told that the training was nothing to do with rates but the question had been asked as to why Local Authorities could not pursue these bad debts themselves.  Most people there thought that Treasury collects rates on behalf of the local authorities. They were all told that only Treasury can prosecute bad debtors and the rates are gathered in their name and by them.

b)  Consultation – Recommended amendments to Election Rules

All Members had been given a copy.

This was noted.

c)  Consultation – Tynwald Hill draft Bill.

This had been received by email and forwarded to all Members.

The Bill was noted.

d)  Damage to Uplands

Email from Lezayre Commissioners and forwarded to all Members.  Lezayre Commissioners and also Maughold Commissioners were very concerned about damage to the uplands by motor bikes and four wheel drive vehicles.

RPC had shared these concerns for some time.  The Clerk was to write to the former DAFF and DoT (who were now combined into Dept. of Infrastructure) expressing those concerns.

e)  Marine Update from Fiona Gell. Received by email and forwarded to Members.

News and forthcoming events.  ‘Will be emailing soon with an update on the Manx Marine Nature Reserve Project’.

Mr Vernon had attended one of the meetings but it was not relevant to his concerns.

f)  Tynwald Garden Party.

Invitation for representative to attend on Sunday 4^th July at The Nunnery. RSVP by 15^th May.

DR has agreed to go.

g)  Civic Sunday – Port St Mary Commissioners.

Invitation to attend – 3pm Sunday 23^rd May at PSM Methodist Church, Queens Place, Queens Road.  ‘The Chairman would be pleased if Chains of Office are worn.’  RSVP.

Mr Radcliffe indicated that he and his wife may attend.

h)  Road Transport Licensing Committee

Applications, decisions and notices.         Noted,

i)  Children’s Week – Sat 17^th to Friday 23^rd July.

Letter explaining what this entailed – received by email and forwarded to Members.

This was noted.

j)  Island in Bloom

Letter from IOM Tourism, DED, that they will no longer be holding and co-ordinating the annual Island in Bloom competition due to budget constraints.

This was noted.

k)  Southern Befrienders.

They were, once again, holding  a May Fair on Bank Holiday Monday at Ballachurry Orchard.and asked if RPC could provide wheelie bins for the rubbish, as they did the previous year.

The Clerk would organise this.

l)  IOM Fire and Rescue Service.

Letter re the presentation on the effectiveness of sprinkler systems which they gave on 8^th October.  Following the article ion IOM Examiner by Port Erin Commissioners stating that they do not support the installation of sprinkler systems the IOM F&R Service would like to give a presentation on the demonstration and effectiveness of sprinkler systems and to dispel the myths surrounding Sprinkler Systems.  They would also like to take the opportunity to discuss the provision of smoke detectors and fire stopping between and within our premises.  Contact Divisional Officer Jeff Looker or Asst. John Murtach to arrange a presentation.

It was agreed that this was only relevant to new-build properties so RPC would not take up the offer of a meeting.

11.  PLANNING APPLICATIONS

a)  10/0582.  Cronk Queena, Balnahowe. W J C Kelly. Two new windows.

No objections.

b)  10/0618.  Motorlands Garage Site. Shore Road. Bonville Finance Ltd.

Erection of 7 apartments and associated garaging/parking.

The Clerk had brought along the previous plans so that they could be compared to the new ones.

Members felt that these plans were essentially the same design as the previous one.  The proposed building was still too large and the design unsympathetic and intrusive.

c) 10/0684.  Cregville, Cregneash Road, Cregneash. Mr D Boyles & Ms S Shimmin.

Demolition of small outbuilding and store.  Erection of a single storey extension to the side and rear of a private dwelling.  Creation of a new pedestrian access.

Members considered the plans and noted that the applicants had gone to considerable lengths to consult with Manx National Heritage.   No objections.

12.  PLANNING APPROVALS

a)  10/0249.  Part field 414140, Glendown Farm, Truggan Road. Mr Derek Cain.

Erection of a detached agricultural workers dwelling.

Conditions include 3.  The dwelling may be occupied only by a person engaged or last engaged solely in agriculture; or a widow or widower of such a person, or any resident dependents.

4.  The roof(s) must be finished in natural slate or a high quality imitation slate which must be approved by the Planning Authority PRIOR to the commencement of works.

Decision – Planning Committee.                Issued – 30^th April 2010.

b)  10/0437.  2 Carrick Bay View, Ballagawne Road, Colby. Dr & Mrs Ogilivy.  Alterations to dwelling house including erection of an attached replacement garage.

Decision – Senior Planning Officer.    Issued – 17^th May 2010.

13.  PLANNING REFUSALS

a)  09/0806.  Majolica, Ballagawne Road,  Colby. Mr & Mrs J Brewis. Approval in principle to erect a dwelling in rear of garden of Majolica.

Reasons for refusal:  1.  Whilst the area is designated for residential development it is considered that the introduction of a new dwelling as proposed would be detrimental to the outlook of Woodlands and to the outlook, privacy and amenities of Majolica and to the character and setting of both properties, contrary to the provisions of General Policy 2 and environment Policy 42 of the Strategic Plan.

Decision – Senior Planning Officer.     Issued -  26^th April 2010.

14.  PLANNING APPEALS

a) 09/1570/B  2 Grenea Cottages, Shore Road. Mr & Mrs S Perren. External alterations, rear roof terrace and replacement of existing roof profile to dwelling house.

‘Hon. John Shimmin, MHK,, who has been appointed under Section 8(6) of the above Order to act as deputy to the Minister for Infrastructure in relation to planning appeals, has considered the report, concurs with the appointed person’s conclusions, and accepts the recommendation that the appeal should be allowed.  Accordingly, he has directed that the approval of the application under Article 6 of the Town and country Planning (Development Procedure) Order 2005 should be reversed, and that the application should be refused for the reasons set out in paragraph 24 of the Inspector’s report.’.

Assessment and Conclusions

13.  The main issue in this case is the visual impact of the proposed development and whether the design of the altered building would be acceptable in its setting.

14.  The appeal property is quite prominently located next to a main road and is part of a small group of houses which are similar in scale and broadly similar in design despite having been altered in various ways.  The finishing materials – slate roofs and rough-rendered pale-coloured walls – also have a degree of harmony.  However, these houses are undistinguished in appearance and the large front bay and flat-roofed projections at the appeal property look incongruous.

15.  The proposed alterations would also look incongruous, probably more so to many people that the existing building.  As it is apparent from the photomontage, the shape of the upper part of the proposed alterations, the zinc covering on the top floor and other design elements such as the proportion of window to wall would contrast with the neighbouring buildings.  Whether this contrast would be regarded by passers-by as acceptable or unacceptable would be largely a matter of individual opinion.

16.  General Policy 2 of the Strategic Plan sets out various criteria, subject to which development will normally be permitted. One criterion (sub-paragraph (b) is that development ‘respects the site and surroundings in terms of the siting, layout, scale, form design and landscaping of buildings and the spaces around them.’  I do not consider that the scale, form or design of this proposal respects the surroundings.  On the other hand, it can reasonably be argued that previous alterations (which have either received planning approval or have not been enforced against) have made the existing building so poorly proportioned and out of keeping with its surroundings that the current proposal would be an improvement.  Looked at in that light, the policy conflict is not necessarily decisive.

17.  The fact that the area is designated as having “high landscape or coastal value and scenic significance” is a material consideration, but is not in my judgement of major importance.  I say this because the policies attached to this designation are mainly aimed at maintaining the character of settlements, protecting undeveloped areas, or protecting coastal views.  In these respects the proposal would not have a major effect, and the appeal site is not within a settlement.

18.  I am inclined to agree with the comment in Parish Commissioners’ written statement that if the development were carried out, many people would ask: “How on earth did that get planning permission?”  Some people would see the altered building as a jarring feature in the scene.  Others would see the modern design and finishing materials as an interesting contrast with the adjacent more conventional old buildings, and there are valid arguments in favour of the proposal.  It is evident that the planning authority has made a carefully considered judgement which is not based on the view of only a single officer.  The site is not part of a conservation area.  There are no objections from immediate neighbours and there is no suggestion that the development would harm the amenities of the neighbouring dwellings.

19.  The fact that consent was granted in the past for a different scheme (referred to in paragraph 4.7 and 5.3 of the written statement for the applicants) has little relevance and does not set a precedent as is suggested for the applicants.  The previous scheme would apparently not have involved making the building as high or as bulky at second floor level as is now proposed.

20.  There is no reason to disagree with the statement by the applicants’ architect that the proposal would “add interest to the streetscape”.  But the claim that “visual impact from the road would be) reduced by removal of the large expanse of glazing at first floor level and exposing the original wall of the cottage” is selective.  The proposal as a whole would certainly not “reduce” the visual impact of the building when looked at from the road.

21.  As was explained in the letter from the Development Control Manager of 10 December 2009 (explaining the planning authority’s decision to the Parish Commissioners – item No 5 in the case file), he authority’s decision was finely balanced.  The same still applies.

22.  On balance, I think the altered building would be so out of keeping with its setting as to go beyond the threshold of acceptability, having regard to the policy aspects mentioned above.  That said, I do not find the planning authority’s decision to be unsound; and if developments using modern materials and design feature are to happen in the Island this might be a good place as any for such development, because of the poor appearance of the appeal property and the undistinguished design of the neighbouring buildings.

23.  The decision on this case may depend partly on personal taste and my recommendation is made tentatively, on the basis that you may well have a differed view and would wish to confirm the planning authority’s decision to grant approval.  If you decide to do so, it would be appropriate to impose the two standard conditions to the planning authority’s original decision.

Recommendation

24.  Subject to the comments in paragraph 23 above, I recommend that the appeal be allowed and that planning approval be refused on the grounds that the scale and design of the proposal would not respect, and would be out of keeping with, its setting and surroundings, contrary to General Policy 2 of the Strategic Plan.

Graham Self MA MSc FRTP1.   Inspector.’

Mrs Perren  had telephoned the Clerk to ask for a site meeting between her and her architect to discuss what would be acceptable to the Commissioners.  The Clerk did not think that this would be appropriate and contacted the Chairman.   He said that RPC only expressed an opinion on what was applied for.  They consider what is put before them and it is not for them to suggest anything.  The Clerk contacted Mrs Perren with these comments.

15 COMPLETION CERTIFICATES

a)  01/7468.  Lynhurst, Howe Road. Mr R Best. Side extension.  Issued 5^th May 2010.

16. OTHER PLANNING MATTERS

a)  09/2108.  Nooklands and former Motorlands Garage, Shore Road. Bonville Finance Ltd. Erection of a block of fourteen apartments and caretakers flat, associated garaging and parking.

This had now been withdrawn.

A new plan had been submitted – see Planning Applications.

b) Ballaman, Balnahowe. Erection of helicopter shed and pad.

Complaints re possible too much stone/soil being excavated.  Emails to and from S Olsen, Planning Enforcement Officer.  Mr Cain had asked the Clerk to make enquiries regarding this matter as a resident had made his concerns known to him.

17 ANY OTHER BUSINESS

Surby Road – opposite Thie ny Chibbyr

Mr Ingram had emailed the Clerk to point out that part of the wall across the road was falling down – stones in road and he was worried they may cause an accident.

18.  DATE OF NEXT MEETING Wednesday 16^th June.

As there was no further business for the public part of the meeting it closed at 10 05pm.

Meeting held 7pm Wednesday 21^st April 2010 at Ballafesson Hall.

MINUTES

Present: Mr P Gunn (Chairman) Mr P Vernon, Mr D Cain. Mr D Radcliffe arrived later at 8.55pm due to a prior engagement.

Apologies - Mr A Tinkler who had been unable to return to UK from Spain due to the ban on flying because of the volcanic ash.

The Meeting commenced at 7pm to enable Mr Blackford from MNH to discuss their planning application regarding changes they want to make to the car park at The Sound Café.  He provided plans of the proposal and brought along a sample of the bound granite blocks they intended to use as part of the surface and that they had consulted the Planning Authority before deciding to use these. They were very durable. He said that approximately 70,000 vehicles per annum use the car park.   A discussion took place on this proposal and the Sound area in general.  They were intending to phase the work, starting in Autumn 2010 and then the remainder possibly the following Spring.  However, this was all reliant upon funding being available.

After further general discussion about The Sound Mr Blackford left the meeting.

1.  MINUTES

The Minutes of the Meeting held Wednesday 17^th March 2010, having previously been circulated, were taken as read and agreed a true record.

2.  MATTERS ARISING

a)  Southern Area Plan.

Nothing further at the moment.

i)  DoLGE/Local Authority Issues:-

Department of Infrastructure – the name of the new Department which was to handle some of the functions which DoLGE dealt with previously:-

• Local Government Unit including Petition applications and processing;
• Planning and Building Control including conservation;
• Estates and Architecture including housing maintenance;
• Waste Management Unit;
• Health and Safety.

Chief Executive will be Ian Thompson who will be based at the Sea Terminal.

Department of Environment, Food & Agriculture (handling with the following which DoLGE dealt with previously):-

• All Environmental Health/Public Health/Food Safety;
• Environmental Protection Unit.

Director of Environment will be Martin Hall; Chief Executive will be Ken Kinrade, St Johns.

Department of Social Care – (handling the following which DoLGE previously handled):-

• Local Authority Housing (including housing deficiency)
• First Time Buyers
• Home Grant Assistance.

Chief Executive – Chris Corlett, Hillary House, Prospect Hill.

Swimming Pool Boards would be part of ‘Community, Culture and Leisure’

ii) Corporate Governance Principles and Code of Conduct.

Record of Members’ Interests.

The Clerk had brought the book so that Members could complete their entries with regard to declaring all their interests.

iii)  Court Training for Clerks – further email – forwarded to Members on 14^th.

The Department of Infrastructure had arranged for this to take place 19^th May and will be an all-day course starting at 10 30am.  This would be training re court prosecutions and court proceedings.

Although it had been felt previously that there was no need for the Clerk to undertake this training she said that Roy Corlett, DoI, had suggested, when she and Mr Radcliffe met with him regarding the High Hedges case 2, that she should go on this course.  The Clerk said that she may go on it but it was the day of the AGM.

d)  Waste Management and Refuse Collection

Bad Debtors –  Mr Tinkler was absent but had indicated that he had not had a chance to visit the people concerned.

Port Erin Commissioners – They had  held another meeting of Clerks but the Port Erin Clerk had previously contacted RPC Clerk to say that they felt that it may be a waste of the time of the Clerks for Rushen, Arbory and Santon as they all use a Contractor and the meeting would be discussing costings for their own refuse wagons/collections/etc.    This was noted.

John Wrigley – Waste Manager. The Clerk had not arranged for him to come to a meeting as Mr Blackford from MNH was attending the April meeting.  She asked if she should arrange it for the May meeting, but that would be the AGM.  It was agreed that this should be left and that he could possibly be invited in the future.

Refuse Collection – The proprietors of the Sound Café had asked for weekly collections now that they were open in the evenings.  The Clerk had discussed this with Ian Jones and he was willing to do it but there would be an extra cost – which RPC would pass on to the proprietors of the Café.  The amount was not known yet.  He had made an extra collection and the Clerk had asked him if he could weigh a collection so that she could send them more accurate invoices now that they would be having extra refuse.  He was to use his weigher wagon  for a collection within the next few weeks.

e)  Lighting/MEA.

Ballakillowey  roundabout/Ballagawne Road scheme.  Nothing further.

Timing of lights – Surby Road (Mr Tinkler had queried re lights on until 2/3 am).   The Clerk had asked MEA to check the timings and they said that they were going off at 12 30 am and coming on in the morning at 7am.

At one time these lights were on until 3am as they are on the same circuit as Fairy Hill – which were getting left on until late as there had been vandalism and damage carried out at night.  This timing had been changed in 2009.

New Contract – dated 16^th March 2010 – in effect from 1^st April 21010 and to expires 31^st March 2011.  MEA state ‘Despite significant increases in cost in almost every area we have managed to maintain the existing maintenance charges at the same level for yet another year.  We hope that this will go some way towards offsetting the changes in the electricity tariff.’

Included is the Pricing Schedule and schedule of rates for streetlight works

Pricing Schedule – As of the 1^st April the unit cost of energy is 14.64 pence per unit plus the fuel cost adjustment and VAT as applicable at the time of invoice.  The MEA will calculate energy consumption based on the number and type of streetlights, the lighting regime and wattage in use at the time of the invoice.

Maintenance charge per lamp, per 3 month period shall be £6.97 per installation. The maintenance charge per clock, per 3 month period shall be £3.16 per installation:-

22 clocks @ £2.16   = £47.52 +vat             135 lights @ £6.87  + £940.95 + vat.

Total is £988.47 plus VAT.

Rates for streetlight works –

Replacement clock – £207;  replacement fitting – £330;  pole mounted arm and fitting – £500;  pole mounted arm, fitting and clock – £730; replacement 5m or 6m column and fitting – £2,700; replacement 8m column and fitting – £3,000;  period fitting – £940; period column – £3,600; repainting column – £120 (including materials)

It was agreed that the Contract should be signed by the Chairman and Clerk and returned.

g) Carrick Bay View.

Carrick Bay View – nothing further on the ‘purchase’.

i)  Hedges

High Hedges:-

Dealt with later in the evening once Mr Radcliffe arrived.   Reported in this part of the Minutes.

Dragonscroft Honna Road/Tynewydd, Mill Road.

j)  Traffic matters – Department of Transport and other DoT matters.

Email from Hugo McKenzie, DoT, who attends the Traffic meetings.  He had forwarded a letter from a resident of The Howe to Phil Gawne MHK regarding speed of traffic on The Howe; also enclosed his reply to her and his request to DoT to look into having a speed limit on that road. A copy of these had been forwarded to all Members.

Re: Traffic meetings:-

Ballachurry Corner letter from Keith McArd  regarding the incorrectly laid out pavement, the water that was now lying at the side of the road also large vehicles going the ‘wrong’ side of the bollards

Rushen School  -  the school traffic speed signs were not installed yet.

Plantation Hill. .(see ‘Ballakillowey Roundabout – below)

Civic Amenity Site. The Clerk of the SCAS had sent an email regarding the meeting they had with DoT – see ‘Amenity Site’

Ballakilpheric  – the speed advise sign was not yet installed.

Rural Roads (Speed Limits) on the B44 Ballakilpheric Road. A copy of the Order had been received.

The Level nothing further.

Glen Chass – sharp corner & turning circle. Nothing done yet.  The Clerk brought a copy  of an email she had sent to Mr Almond of DOT on 16^th July 2009 asking if they could do something about this ‘quickly’

Other DoT matters:-

Glen Chass Road – narrow corner. Nothing from Jim Davidson.

Ballakillowey roundabout – The Clerk had not yet written to DoT re RPC’s views that the money would have been better spent in doing something with the Plantation Hill narrow road as she thought that, now Mr Gawne was Minister of DoI, which includes Planning and Roads, it may be relevant to contact him about several issues.

It was agreed to write to Mr Gawne, both as Minster and MHK for Rushen, regarding several issues – Plantation Hill, speed on Howe Road, Glen Chass and Ballachurry Corner.

k) Police

Mr Radcliffe had told the Clerk that some elderly people in Fairy Hill had been concerned about an incident regarding what they thought were UK police and a gun and drugs.  She had brought this up at the Police Meeting but they knew nothing about it and said that if UK police were on the Island they would know about it.  Mr Radcliffe was going to speak with some of the people in Fairy Hill to find out more so that, if nothing had happened, the Police could reassure them.

There had been no reported crimes in Rushen during the previous month.

l)  Litter, beach cleans, dog fouling, etc.

Colby Football Club – no reply yet from Ken Skinner.

Chasms Car Park – the Clerk asked if Members were sure that they wanted a litter bin there as well as the existing dog bin.  She had been to look at the dog bin over the Easter period and it was not full 2/3 days before collection date.  There were a couple of sandwich wrappers in besides the dog waste.  She had ordered two new litter bins as she had none in stock and pointed out that they were very large.  Mr Cain said that a lot of people walk there.

It was agreed that a litter bin should be installed by the dog bin.

m)  Ballafesson Playing Field,    Car Park, The Howe: Nothing at present.

n)  Web Site

Mr Vernon was now dealing with this and Nick Thornley was coming to his house to give him some advise on updating the site.

o)  Southern Civic Amenity Site

Invoice for April/May/June quarter received – £4,705.85.

Also received a copy of a leaflet re the charging policy for domestic users and other information.

They had started recycling for plastic bottles.

Also received from the Clerk of SCAS was an email giving details on what options were discussed at the site meeting with DoT :–

‘Generally the road complied with the regulations but the entrance didn’t as there was not enough room to pull in.

Suggested options are:-

Clear Way;   double yellow lines (but not effective as you can pull up on these and Police tend to give benefit of doubt;  alter entrance – major work; moving part of wall to get better view;  cutting back trees to get better view;  painting yellow lines on area between gate and road and leaving outer gate open;  signs outside Site possibly electronic;   painting white lines at entrance DoT’s responsibility if they have adopted the road.

DoT have agreed to paint the white lines when they are free to do so and are still thinking about the rest of the proposals.’

This was noted.

p)  Southern Swimming Pool (dealt with when Mr Radcliffe arrived)

Mr Radcliffe said that there was not much to report.  The admission fees were going up.

q)  Municipal Association.

Mr Gunn had attended the monthly meeting.  Jennifer Chance, Senior Planning Officer was there to give information and to deal with questions.  The AGM would be in May and Port St Mary Commissioners were hosting it this year.  Venue was not known yet.

r)  Allotments

Mrs Rodgers from Mount Gawne Road had been to see the Clerk with copies of letters from Port St Mary Commissioners and her replies. She was concerned about some aspects regarding the Allotments.  Mr Radcliffe had been given copies of these and had been to see her so that he could discuss any problems at the Allotment Committee meeting.

Mr Radcliffe said that there had only been one meeting and that was last year.  He had been asked by the Deputy Clerk of PSM Commissioners what date would suit him for the next meeting.  He had heard noting further and had contacted her as there were several things needing sorting out. Ms Meadows had broken her arm and that may be the reason no meeting had been arranged yet.  He hoped it would be soon.

Information received from PSM that Chris Burton had resigned as an independent representative on the Committee.  They asked for nominations and as only Mr Cain had made a suggestion – Frank Harrison – this was put forward. However, Mr Cain subsequently contacted Mr Harrison and he said he did not wish to be considered.

s)  Southern Healthcare Committee

Mr Tinkler was not present and therefore nothing to report.

t)  Marashen Crescent

Mr Radcliffe had not arrived yet.

u)  Rushen Ambulance

Mr Vernon said there was nothing to report.

v)  MNH

Sound Car Park – proposed planning application – Mr S Blackford, MNH had attended at the start of the meeting – reported at the beginning of the Minutes.

w)  Risk Assessment

The Clerk reported that there was nothing new to be dealt with and consequently no further risks to be taken into account.

x)  Land in front of Hillcrest, Cregneash.

Not done yet.

y)  Golden Jubilee Trust.

Mr Radcliffe reported that he had gone along to the heats for the competition on the afternoon of Saturday 10^th April.  There were to be nine young people picked.  However, despite there supposed to have been 125 young people taking part only three turned up.  He expressed his disappointment at the lack of enthusiasm as a lot of work had gone into organising this.

z)  Chain of Office and Board for hall with list of all past Chairmen.

Chain of Office – The Chairman had taken this to Charles Alexander on 14^th April.  He had left it there and they were going to have to find out more information regarding this.

Past Chairmen. Nothing further on this.

aa)  Ballakilley Working Party

Letter received from Port St Mary Commissioners, to whom the Clerk had sent a copy of the BKWP submission regarding the Southern Area Plan and they warmly endorsed its contents.

ab)  Addresses in Rushen. Nothing further on this.

Ac)  Ballafesson Hall – Rent.

Letter of acknowledgement  received with thanks for the rent and appreciation of the increase.

Af)  Bus Network Review Consultation

Acknowledgement of views sent in by RPC.

Ai) Unsightly Buildings and Land.

Views had been sent in but no acknowledgement had been received.

Aj) Consultation – Children Bill.

Deferred from February meeting. The Clerk had not received any views from Members since the February Meeting to submit.  She asked if Members wanted to consider the Bill again.

However, this was declined and no views were to be sent in.

Ak)  Criminal Justice Bill

This email had been copied to Members on the day of the March meeting.  It was just for information purposes and was now to be taken off the Agenda.

al)  Insurance,

The Chain of Office was being re-valued.  The insurance would be due for renewal in July.

RESPONSIBLE FINANCIAL OFFICER’S REPORT:

This can be views at the office of the Commissioners,

7.  AUDIT OF ACCOUNTS 08/09.

The Clerk’s Contract of Employment.   Mr Tinkler, who was dealing with this, was not present.

Report on Local Authorities who had not sent their audited accounts to DoLGE (from last meeting).  Further reply from Yvette Mellor – email forwarded to Members on 19^th March:-

‘…I did not receive a copy of your account from the Auditors until 10^th march 2010 which was long after the date for inclusion in the report but I can agree that they were signed in accordance with the timescales you mention in your email.  The system has always worked in previous years but seems to have fallen over this year and, whilst I can sympathise with your Commissioners’ annoyance that they have been quoted wrongly in the report, the responsibility for sending he Department the signed accounts sits with the Commissioners and the Auditors.’

This was noted.

8.  CORRESPONDENCE

a)  1^st Supplemental List.

The Clerk was to contact the Rates division and ask for the criteria used when valuing properties as ‘agricultural’.

b)  Electoral Register.

Received a copy – applicable from 1^st April 2010.       Noted.

c)  Age Concern – CHAT  Bus (Community, Health, Advice & Training)

Invitation to Chairman and Clerk to attend the launch of the Bus – 12 noon Friday 30^th April at the Hilton car park. (RSVP by 23^rd April)    Mr Gunn said that he would attend and would RSVP.  The Clerk did not know if she would be able to and offered her invitation to Members but none of those present indicated that they would like to attend.

Age concern had also sent some information and photographs of the new Bus and they indicated that they would like the bus to be in various parts of the Island

d)  Consultation – Public Sector Code – obligations re Race Relations Act 2004.

Email copied  to Members on 14^th April.    Received draft code of practise which related to the obligations imposed on all Public Authorities under the Race Relations Act 2004.  ‘Any observations you feel would assist in making the final version of the code both legally sound and yet easy to follow’– comments or observations by Friday 21^st May.

Members had no comments on this Code.

e)  Rural Roads (speed limits) Order 2010.

This was the change in speed limits on the Ballakilpheric Road – ‘impose a 30mph speed limit on a section of the B44 Ballakilpheric Road in the Parishes of Rushen and Arbory.’

This was noted.

f)  Parish Walk.

Was to be held on Saturday 26^th June. The organiser had written (general letter to all local authorities)  to ask if RPC  could assist with waste management – the amount of waste left behind was increasing.  They would be grateful if RPC could supply them with additional bins or suggest any alternative method on how to manage it in our area.

RPC already provide tow wheelie bins on the Sloc but these usually have very little rubbish in them.  The Clerk was to write to point this out but to ask if they still wanted these provided.

g)  Manx Classic Rally

The Sloc Hillclimb was to be held on Friday 23^rd April and the Club had applied for a road closing order.  Roads would be closed from 9 15am to 4 30pm – A36 Sloc Road 1,000 metres north of its junction with the B44 Ballakilpheric Road to its southern junction with the D60 Dalby Lhag Road.  Beforehand two large noticeboards would be placed on the approaches to the roads being closed.

This was noted.

h)  Lombard.

Information regarding finance and leasing available.  Noted.

i)  Road Transport Licensing Committee.

Applications, decisions and notices.  One of the Notices gives details of the new tariffs.

Noted.

Mr Radcliffe arrived – 8.55pm

9.  PLANNING APPLICATIONS

a)  10/0387. Kentraugh Mill, Croit-e-Caley.  Canon John Sheen. Remove chimney stack, retaining a balance with the remaining house stack and the lower cottage stack.

No objections.

b)  09/0806.  Majolica, Ballagawne Road, Colby. Dr J Brewis. In Principle Erection of dwelling in rear garden.  Now received – drawing showing alternative driveway.

Note – there had been various objections from neighbours and several had been to see the plans.

The Clerk asked if Members wished to re-consider their views but they did not and did not have any objections to the alternative driveway shown.

A letter had been received from the owners of Woodlands – very disappointed in RPC’s views on the application.  A reply to be sent to her stating that RPC were sympathetic to their concerns but that they felt that the matter would be better dealt with when a full planning permission application was received.

c)  10/0437.  2 Carrick Bay View, Ballagawne Road. Dr & Mrs N Ogilvy. Alterations including formation of a recreation area in the existing garage and erection of a replacement garage and entrance hall.

No objections.

d)  10/0468.  Sandfield, Mount Gawne Road (Allotments). Port St Mary Commissioners. Erection of shed (of wood, metal or plastic construction) and/or greenhouse (each structure not to exceed 2.4m long 1.8m wide and 2.1m high maximum) sited on N.E. corner and oriented North/South on 79 allotment plots.

Members objected to the number of sheds and greenhouses which may be erected on the field and they also objected to the possibility that these may be substandard.  They felt it would be better to have some larger sheds of a better standard of construction which could be shared by allotment holders in which to store their equipment, etc.

e)  10/0249.  Part field 414140, Glendown Farm, Truggan Road. Mr & Mrs D Cain.  Erection of detached agricultural worker’s dwelling.  Amended site/location plan received regarding the boundary (to take in the area where the Klargestor would be situated).

Mr Cain declared an interest in this matter and took no part in the discussion.

There were no objections.

10.  PLANNING APPROVALS

a)  10/0163.  The Barn, Strawberry Fields, Croi-e-Caley. Miss J O’Neill. Erection of a conservatory to a dwelling house.

Decision – Senior Planning Officer.     Issued – 31^st March 2010.

b)  10/0139.  Robin Hill Farm, Cronk y Dhooney, Ballakilpheric. Mr & Mrs MacQuillan.  Creation of external steps to first floor tourist accommodation.

Decision – Senior Planning Officer.                 Issued – 31^st March 2010.

c)  10/0272.  Bridge House, Surby Road, Surby. Mr A Crowther.  (retrospective).  Levelling of upper garden to creat off road parking and vehicular access.

Decision – Senior Planning Officer.       Issued – 14^th April 2010.

d)  10/0321.  Greenhill, Ballagale Avenue, Surby. Mr J Lister. Extension of trading times of nursery from two to four days per week (variation of condition 2 of PA 07/1979).

Conditions include – 2. This permission relates to the use of the premises as a residential dwelling with the operation of an outlet selling plants grown on the premises.  This business may only be open to visitors between 11am and 4pm on four days per week and between 15^th April and 15^th September.  The business may only be operated by Mr J Lister whilst he is resident at Greenhill, Ballagale Avenue.

Decision – Senior Planning Officer.  Issued 20th April 2010.

11.  PLANNING REFUSALS

12.  PLANNING APPEALS

2 Grenea Cottages appeal was to be held on 23^rd March. Mr Gunn and the Clerk and Mr Radcliffe attended the hearing.  Mr Gunn spoke for the Commissioners.  Mr Peter Kelly of the Isle of Man Victorian Society also spoke at the invitation of RPC.

The applicant was there, together with her architect and a neighbour.  Jennifer Chance, Senior Planning Officer was also there.   The Inspector was Mr G Self.

The outcome of the Appeal was awaited.

13 COMPLETION CERTIFICATES

a)   Cert No 99/7479. Lynhurst, Howe Road. Mr R Best. Minor roof alterations and roof lights. Issued – 19^th March 2010.

b)  Cert. No 07/7578. Castruan, Cregneash. Manx National Heritage. Refurbishment.

Issued 9^th March 2010.

It was not known if they had complied with the Note given in the planning approval 5/12/07

‘Note: Rushen Parish Commissioners recommend that the applicant consider the implications of removing the existing porch in terms of the protection it presently provides from the prevailing weather and whilst in no way opposed to the removal of the porch, would recommend that the applicant consider creating a lobby to improve the insulation of the property and reduce heat loss.’  Decision made by Planning Committee.       Cert. issued 9^th March 2010.

c)  Cert. No 07/07489.  10 Ballakeyll, Colby. Mr D Williams. Alterations to provide a new bedroom by converting part of the existing garage, a shower room and a utility room.

Issued 13^th April 2010.

d)  Cert. no. 10/7048.  Greystones, Cregneash. Manx National Heritage. Removal of existing fireplace and installation of multi fuel burning stove.      Issued 14^th April 2010.

14. OTHER PLANNING MATTERS

15 ANY OTHER BUSINESS

a)  Mount Gawne Road – construction vehicles.

This road had been badly congested for months with construction vehicles associated with the new house at The Dolphins.  The Clerk reported that there had been at least 9 and sometimes 11 vans there most of the day and large wagons blocking the road.

There had been an email from Mr Surgenor of Mount Gawne Road  (18^th March and forwarded to Members) who was concerned that he wasn’t able to get his car out of his driveway on several occasions and there has been aggravation with owners of construction vehicles when asked to move so people could get out of their driveways.

There had been damage to the road surface and people in the area had spoken to the Clerk about this saying that it should be for the builders or owners of the property to pay for repair and not the taxpayers.  The Clerk pointed out that the sides of the road had been damaged by the vehicles parking there.  She asked if Members agreed with what the people had said with regard to responsibility but some felt that the roads are public and vehicles are entitled to park there, therefore the owners of the vehicles should not be responsible.

The Clerk also pointed out that, when writing to DoLGE re the proposed apartment construction at Motorlands regarding RPC’s concern re construction traffic, they were told that ‘this is not a planning matter’.  She asked if Members thought that it should be.  It was agreed that, in future when considering planning applications, the congestion and damage which may be caused by construction traffic should be taken into account.

There had also been concern expressed by people on Mount Gawne Road regarding the speed of traffic on the road as it now seemed to be used more by vehicles travelling to and from work.

b)  Concert – Children in Song

Mr Cain had been talking to Maggie Richardson,  Head of Music at Department of Education, who was organising a concert on June 26^th at theVilla Marina.  He had a copy of the press release she was sending out regarding this . The concert would consist of music and poetry.  There would be a poem about the Thousla Cross and she had asked him if someone from the Thousla Trust/Commissioners could read this.

The Chairman, Mr Gunn agreed to do this.

c)  Shore Road – access to shore.

The Clerk had been asked to enquire from DoT when the steps at the bottom of Mount Gawne Road down to the shore would be cleared – the boulders there had not been moved so people could not get down safely. The boarding at the Shore Hotel slipway had not been taken away for some years.

She was to write to the Harbours Division of DoT (now Department of Infrastructure) asking for these to be done.

d)  Sloc Sites

This had been missed off the Agenda by the Clerk.  She said she had been to see it and asked if it was more urgent that the other plot which has been planted with trees for the Millennium project which was open to the road and was very overgrown should be tackled first as people can see this from the road.  Both areas were to be strimmed.

e)  Seats on road to Chasms.

Mr Cain asked if Mr Kelly could strim the grass, etc from around the two memorial seats on the road to the Chasms.

16.  DATE OF NEXT MEETING    Wednesday 19^th May 2010 and this would be the AGM.

Meeting held 7 30pm Wednesday 17^th March 2010 at Ballafesson Hall.

MINUTES

Present: Mr P Gunn (Chairman), Mr D Radcliffe (Vice-Chairman), Mr A Tinkler,

Mr D Cain, Mr P Vernon (who was welcomed back from his travels).

1.  MINUTES

The Minutes of the Meeting held Wednesday 17^th February 2010, having previously been circulated, were taken as read and agreed a true record.

2.  MATTERS ARISING

a)  Southern Area Plan.

Acknowledgement of receipt of submission received.

Mrs Curphey, Planning Development Officer, had informed the Clerk that the next stage in the process would be the production of a modified draft plan and it would be this plan which would be considered by the Inspector at the Inquiry.  At the moment the planning policy officers are working towards the Public Inquiry being towards the end of summer/beginning of autumn 2010.

Mr Vernon, who had not had input into the submission as he was off the Island for some time, said that it was a good submission and he agreed with all the points made.

The Ballakilley working Party Submission had also been sent in and copies sent to all Members of BKWP and the Clerks of Port Erin and Port St Mary Commissioners.

Letter from Southern Nomads – SportErin re the Draft Plan which was a copy of their submission to Planning.    Noted.

b)  Estimates 2010/11

The £29 increased refuse charge had been before Tynwald on Tuesday 16^th and approved.

Rates – The Clerk queried whether Members still wanted to include a letter with the rates bills regarding the increase in refuse disposal –  as had been discussed at the Estimates Meeting.  It was decided not to do this for 2010 but could be considered in the future.

c)  DoLGE/Local Authority Issues:-

Report of COMIN on the Review of the Scope and Structure of the IOM Government – January 2010.

Proposals  regarding new Government Departments had been approved at February Tynwald with the old ones being dissolved on 31^st March.

There had also been a Ministerial shuffle.

1. Corporate Governance Principles and Code of Conduct.

Record of Members’ Interests.

The Clerk was to bring the book for this to the next meeting when those who had not already included their interests could do so.

2. Changes in Revenue Sharing Agreement   nothing further.

3.   Auditors

PKF

d)  Waste Management and Refuse Collection

Bad Debtors –  The Clerk had written again to the three worst offenders.  One had since paid but the others had not.  She had given a copy of the two letters to Mr Tinkler who had offered to see the offenders to collect the outstanding debts.

Port Erin Commissioners – Joint Meeting on 25^th Feb. The Clerk and Mr Tinkler had attended and took part in the discussion. Mr Tinkler gave a report on the Meeting.  Although stating that RPC were very happy with Jones Services and would not wish to change (as did Arbory and Santon) it was agreed that, if RPC’s Board agreed, figures regarding their present collection could be sent to Port Erin Commissioners so that they could work on figures for a joint board.  It had been felt that they would not come up with a better price than Jones Services but that the proposed joint board should be given a chance to try.  The Clerk had pointed out that RPC’s figures would be the ‘end cost’ – there would be absolutely no hidden extras.

The Chairman and Vice-Chairman had been consulted and approval was given for figures to be sent.  The Clerk had also emailed these to all Members on 2^nd March.  Approval was also given for the Clerk would meet with the other Southern Clerks to look at the various figures.

Mr Tinkler felt it may be beneficial for Mr John Wrigley, Waste Manager of DoLGE, to attend a Meeting and an invitation was to be sent for him to attend a future meeting.

The wheelie bins had been delivered by Leece’s wagon – Arbory Commissioners had asked if RPC would consider giving the driver £25 for delivering the bins as he had to deal with stacks of bins – some of which were full of water.  Members were not against this but they would need to have an invoice.

e)  Lighting/MEA.

Ballakillowey  roundabout/Ballagawne Road scheme.  Nothing further.

(however a planning application regarding DoT putting in a new compact roundabout had been received)

Cost of electricity – This had been increased in the Budget by 7% and would be in effect from 1^st April – not September as was intimated in the Budget in Tynwald.  The cost for local authorities would be 14.64 per unit (plus vat) compared to 13.62 as at present.

It had been reported by MEA that a new light was required at Fleshwick Road. The cost for light and arm would be £560 plus VAT.  The Clerk was to instruct the MEA to progress this.

g) Carrick Bay View.

Carrick Bay View – nothing further on the ‘purchase’.

Plot between pavement and road – The Clerk said she would ‘keep her eye on it’ to see that it did not become overgrown like the previous planting scheme.

i)  Hedges

High Hedges:-

Dragonscroft Honna Road/Tynewydd, Mill Road.

j)  Traffic matters – Department of Transport and other DoT matters.

Meeting Wednesday 24^th February which had been changed to an afternoon meeting which meant that the Clerk could only stay until 3 20pm.

The new Director of Highways will be Richard Pearson and he will be starting on 6^th April but Mr Hannay will be staying on until after the TT.

Mr Almond informed those present that DoT were getting close to a new Speed Limit Policy (monitoring the A1 and A10 at present – as reported from previous meetings).  30mph limits would coincide with built up areas and fronted areas; 30, 40 and others would have ‘calming’ features such as gateway features (presumably similar to what they intended putting at Lhingague).  They were looking at safety and congestion.  Parking issues would take lower priority to safety related matters.

Ballachurry Corner - DoT had received complaints about this but also some approvals.  They were going to look at it again as they also felt that the corner on the Ballchurry side was coming out too far and would require some of that taken off.  The white lines in the road had not yet been repositioned but would be done very soon.

The Clerk was to request that they look again at continuing the railing further round the corner down Ballafesson Road to improve visibility.

Rushen School  – Although work had started the scheme still had not been finished.  This was because, when they dug in the pavement on the PSM side there were too many other services underground.  They would now have to put the electrical installation further down, near the car park.  This had been re-advertised.  They hoped it would all be completed by Easter.

Received – the Rural Roads (Speed Limits) School Entrances (Amendments).

Any objections to be sent by 22^nd March.

Plantation Hill.  Lines would be painted – a sort of ‘painted pavement’.

Civic Amenity Site. Brian Kelly, Clerk of Port St Mary Commissioners, said during the meeting that there would be a site meeting  with DoT the following morning which he was attending with PSM’s representative.  When the Clerk queried with him that RPC’s representative did not know anything about the meeting he said PSM’s representative knew about it. It had been called by the CA Clerk.  The Clerk re-iterated that Rushen knew nothing about it and had not been invited even though it is in Rushen.

She thought that speed signs were possibly going to be erected.

Ballakilpheric  DoT were to extend the 30mph zone up as far as the Chapel.  Information regarding a proposed 50mph limit at Lhingague had also been received, including a design for the sign, which the Clerk had forwarded by email to all Members for approval.

The Level DoT would be refreshing the lines at the bus stop, etc.

Glen Chass – sharp corner & turning circle. The Clerk had asked what was happening and was told the signs were ‘on order’.  She also asked for a cul-de-sac sign for the Chasms road.

Bay ny Carrickey Cycleway – DoT had now put this on hold – it was scheduled for the 2010/11 financial year.  They would not be promoting it until additional funding was made available to create the new infrastructure which would primarily promote and support leisure cycling.  The decision had been made due to the substantial reduction in the Department’s highway improvement budget following the reduction in the Isle of Man Government’s VAT income.

Other DoT matters:-

Glen Chass Road – narrow corner.

The Clerk had written again to Jim Davidson (3^rd March).  He was on leave but another engineer had contacted the Clerk.  He said that the DoT were unlikely to have money for this.

The Clerk had offered to contact the owner again to ask if he would sell at the price they offered.

Members decided to wait until Jim Davidson came back from leave and contacted RPC.

Ballachurry Road – flooding; letter from Bill Corlett, Network Operations Engineer.

‘I write further to your letter of 18^th Dec. 2009 addressed to Mr Hannay.  DoT personnel have attended the area on numerous occasions.  Indeed specific attention was given to the claim that trenching works were the cause of the problem.  Nothing was found to indicate any interference to the drain by any trenching contractor.  That was only to be expected as the flooding problems at times of heavy rain and high water table had been occurring several years prior to the trench works.  At present we have a work order outstanding for exploratory excavations to be made to give better access into the drain.  The surface water system in the road cannot drain into the land on the lower side where it is understood to go.  Hopefully the excavations will provide more information on this and we will then carry out further work to fix the problem.  Due to the severe problems we have experienced with snow and frost damage any work of this nature is being delayed.’

This was noted.

Rural Roads (Speed Limits)  on the B44 Ballakilpheric Road. Notice received. It appeared that there was no speed limit on this road.  It was proposed to make it 30mph from the junction at Belle Abby up to just past the Chapel.  (RPC had been asking for this for several years but nothing had been done).

k) Police

Meeting – Thurs 18^th March – Mr Radcliffe had been unable to attend.

The Clerk asked if there was anything to be brought up at the next meeting but there was nothing.

l)  Litter, beach cleans, dog fouling, etc.

Colby Football Club – the Clerk had not contacted anyone from the club yet but was to write to Mr K Skinner who was the Chairman to ask if they would be interested in doing a beach-clean – possibly before TT Week.

Roadside litter – Mr Radcliffe said that a roadside litter-pick would also be a good idea as when DoT trim hedges they expose lots of litter in the hedges and verges which they don’t remove.  It was decided not to do this at present.

m)  Ballafesson Playing Field,    Car Park, The Howe:-

Port Erin Commissioners had been asked if they would be able to do one very low cut of the grass on the Playing Field with their collector mower. This would remove some of the thick growth and prepare it for cutting with RPC’s mower.   Their Foreman said it would take a day.  The cost would be £219 and the Chairman and Vice-Chairman had approved this to go ahead.

n)  Web Site

Mr Vernon was now back from leave and would be inputting items onto the site.

o)  Southern Civic Amenity Site

see Traffic re the site meeting with DoT.

The Clerk asked if Representatives were being kept informed of everything as Mr Cain had been asked at previous meetings when a site meeting with DoT was being held and he said he did not know about it.  The Clerk had reported that it had been discussed at Traffic Meetings in the past.

The general feeling was that the lack of information regarding the meeting did not matter and the Minutes were to record that RPC had been lead to believe by DoT that RPC would be invited to the site meeting but weren’t.

Mr Tinkler had queried the wages for the weekend workers at the Site. Mr Cain confirmed that they were under Whitley Council Regulations.

p)  Southern Swimming Pool

Mr Radcliffe reported that the gas bill for the Pool had doubled in January.  Mr Cain queried whether the wood-chip burning heating system had been installed.  Mr Radcliffe said that it was not installed and had not been mentioned.

q)  Municipal Association.

Meeting was held 25^th February.  Mr Gunn had attended and reported that Mr Dudley Butt had spoken about children in care.  Everyone, including Local Authorities should consider whether they could provide employment opportunities for young people leaving care.

At the next Meeting Jennifer Chance, Senior Planning Officer, would be speaking.

Subscriptions to the Society had been discussed but it had been agreed to leave them as at present.

r)  Allotments

Received – a copy of a letter sent to Mr Radcliffe (as representative for RPC on the Committee)  PSM Commissioners wanted to convene a meeting of the Committee to discuss:- representation from Allotment Holders, communications, site management, planning applications for sheds/greenhouses, finances, handover to Society.  PSM said they were willing to provide the secretariat and venue for the meeting.  They asked Mr Radcliffe if he was happy for a meeting to be convened and if he would let them know when he could attend.

Mr Radcliffe said that he did not know yet when the meeting would be held.

Mr Tinkler informed Members that he now had an allotment.

s)  Southern Healthcare Committee

Mr Tinkler said there was nothing to report at present.

t)  Marashen Crescent

Mr Radcliffe said there was nothing to report.

u)  Rushen Ambulance

Mr Vernon said there was nothing to report.   

v)  MNH nothing at present.

w)  Risk Assessment

The Clerk reported that she had been to look at Tom the Dippers again and felt that the best thing to do would be to put three or four shallow steps in at the bottom of the slope.  This would be done shortly – hopefully before the Easter holidays.

There were no other problems with regard to areas on the Risk Assessment Register

x)  Land in front of Hillcrest, Cregneash.

Mr Cain has asked D Cooil if he would cut back the gorse, etc on this land.  He contacted the Chairman first to get approval.

Mr Cain said that Mr Cooil had not been able to do this yet as he had taken the cutter off the tractor but he would do it soon.

y)  Golden Jubilee Trust.

Nothing at present.

z)  Chain of Office and Board for hall with list of all past Chairmen.

Chain of Office – the Clerk would be contacting Charles Alexander, Jewellers, to carry this out.

Past Chairmen.

aa)  Ballakilley Working Party

The submission from the Working Party regarding the Southern Area Plan had been sent in.

ab)  Addresses in Rushen.  & 30 & 31 Christeens Way.

Christeens Way – erroneous addresses in the Electoral List.  The Clerk had, once again, contacted the MEA and had now been assured that they would change it to the proper address on the Data Base.

ac) Flooding at Surby. This now to be taken off the Agenda.

Ad)  Housing

The Housing Conference was held on March 5^th and the Clerk had attended and had brought back a spare copy of the conference pack and a disc with the ‘power points’ in case any of the Members wished to look at it.

Speakers included Debbie Reeve, Director of Estates and Housing who spoke on ‘protecting our assets (our housing stock) She gave great importance to housing authorities working together in areas such as upgrading housing – e.g. large bulk buying of kitchens and bathrooms, etc and having building firms able to give a good price for installation as they would be guaranteed a  worthwhile amount of work. Also maintenance of the housing such as servicing boilers, checking electrical installations, etc and keeping a record of these. Phil Halliwell, architect in DoLGE, spoke about the new housing and how they were progressing; Christopher Pattinson (from UK) who spoke about Managing Your Assets – putting strategy into practise (mostly about keeping records – which was more relevant to large authorities)’ Gas Safe Register – Mr Arnold and Mr Greaves from Health and Safety DoLGE gave a presentation;  Eddie Strong from Ferncraft spoke about asbestos; Ian Thomson (UK) spoke about Efficient and Effective Procurement Through Collaboration.

The Clerk, as Housing Officer, said she through RPC were doing a reasonable job in protecting their assets – the houses were reasonably new and any work which needed doing was more or less kept on top of rather than waiting for more major problems to arise.

ae)  Contribution to Port Erin Commissioners finances

Letter of thanks for the £850 cheque received from Port Erin Commissioners.  The PE Clerk apologised as he had not been at the December Meeting, when it had been received, and the reply must have been overlooked.

Mr Tinkler said that he had spoken with the Librarian who said that she did not get any extra money but just received the same amount.  Mr Tinkler felt that the extra money given by RPC just went into Port Erin Commissioners’ coffers.

The Clerk reminded Members that £650 had been given as a ‘contribution as they (RPC) are keen to help towards encouraging young people to read and use the Library.’   As it came out of the General Rate Fund it was regarded as working with Port Erin Commissioners rather than when a donation was made from the Thousla Cross Trust as it could be given as an extra payment from the Charity and was specifically for buying books for young people.

Mr Tinkler said that it should be looked at again the following year especially as people in Rushen still pay to borrow books from the Library.

Af)  Bus Network Review Consultation

Mr Radcliffe and Mr Vernon have given the Clerk some views to be submitted – which she had done.

Ag) Marine Events February – March

No Members of RPC had attended this.

Ai) Unsightly Buildings and Land. Local Government (Misc. Provisions) Act 1984, Section 14; and Building Control Act 1991, Section 24.

The Clerk had submitted RPC’s views on this.

Aj) Consultation – Children Bill.

This could be accessed on www.gov.im/consultations and the Clerk had given Members a hard copy of this..  Views by 16^th April.

Deferred from February meeting.

Members were to send any views they had to the Clerk for collation and submission.

Ak)  Criminal Justice Bill

Headline Response and the Department’s Formal Response. This had been emailed to the Clerk that day and he informed the Members that she had forwarded it to them for their information.

ak)  The Leigh, Surby Moar.

Members thought that there was no problem with the work carried out.

al)  Insurance,

This was due for renewal in July and would be considered prior to that to see if any changes should be made.

RESPONSIBLE FINANCIAL OFFICER’S REPORT:

This can be viewed at the office of the Commissioners.

7.  AUDIT OF ACCOUNTS 08/09.

The Clerk’s Contract of Employment.   Mr Tinkler had taken this to Moore-Stephens and he would wait to hear from them regarding the cost of them looking at it.

Mr Tinkler had been given a copy of a list – ‘Outstanding Accounts not signed by the Public Auditors by 27^th January 2010’.  Rushen were on this as not having had their accounts signed off for year end 2009.  The Clerk reminded Members that these had been signed at the October Meeting and received back in time for them to be included with their documents for the November Meeting.  She had queried this with Yvette Mellor – who had replied :-

Yvette Mellor said that she did not receive the accounts until 10^th March 2010 from Moore Stephens.  She accepts that they were signed in the timescale I told her.  She sympathises but the responsibility for sending accounts to the Department ‘sits with the commissioners and the auditors’.  The Clerk had replied that in the past – whoever was the Official Auditors (KPMG and Moore Stephens) had always sent a copy of the accounts to DoLGE – she also asked her if PKF have been informed that they should do this – if not, Local authorities need to know so that they could then take on the responsibility of doing so themselves.

The Auditors are chosen by DoLGE and Local authorities have no input into the decision.

Mr Tinkler recommended that in future Local Authorities should send DoLGE a copy of their Audited Accounts.

8.  CORRESPONDENCE

a)  1^st Supplemental List 2010.

The Clerk was to make enquiries as to what is classes as a ‘farmhouse’ in the rates and therefore rated as agricultural.

b)  Easter Athletics Festival – Good Friday Road Race – 2^nd April 2010.

Letter from D Ronan.  The Great South Run course starts at Port Erin.  They are following the same format as the 2009 event.  The organisers would welcome nay input from the Commissioners and would be happy to discuss their plans in more detail.    Noted.

c)  Convention on Biological Diversity (CBD or Rio Convention)

Consultation on the extension to the IOM of the UK’s signature to the convention.

The consultation document was available at www.gov.im/consultations.gov. Any views to be sent in by 31^st March.

Although not having many views on this it was felt that the Isle of Man Government should sign up to the convention.

d)  Consultation – Reviewing the Isle of Man’s Business Taxation System. Email.

The Clerk had copied to Members on 25^th February.  Any views to be sent by 28^th May.

This was noted.

e)  Consultation – Draft Pedal Cycle Regulations.

Received by email and copied to Members.  Views by 5^th April

There were no views on this and it was noted.

f)  Sewerage Rehabilitation 2009/10.

Received from Homes Grace – Copy of report to DoT  on Scoping and CCTV survey – Mount Murray, Ballabeg, Colby, Rushen, Port St Mary, Dalby, Glen Maye, Foxdale, Patrick, St Johns, Derbyhaven and Ronaldsway.

The Clerk had omitted to bring this to the meeting but she said it was available at the office for Members to look at as they may find it interesting.

g)  Tynwald Advisory Council for Disabilities.

Copy of their Report for year ending December 2009 – Noted.

h)  Roads Transport Licensing Committee.

Applications, decisions and notices – Noted

i)  Civic Service – Patrick

Invitation to Chairman, members plus guests to attend 18^th April at St James’s Church, Dalby at 3pm.   Light refreshments after the service. Chains of Office may be worn.

Mr Gunn and Mr Tinkler indicated that they would attend.

9.  PLANNING APPLICATIONS

a)  10/0272.  Bridge House, Surby Road. Mr A Crowther. Levelling of existing upper garden area to form car park. This was retrospective.

No objections.

b)  10/0248.  Ballakillowey Roundabout. Department of Transport. Replace the existing mini roundabout with a compact roundabout; provide pedestrian crossing points; improve visibility and safety on the approaches to the roundabout.

( The Clerk said that this had had never been talked of at Traffic Meetings and so RPC had no prior input).

There were no objections but it was to be suggested that the new fencing should be galvanised to prevent it rusting and or needing painting.

Mr Cain stated that the situation on Plantation Hill/Howe Road was more urgently in need of being dealt with.  The Clerk to write to DoT pointing this out.

c)  10/0249.  Part Field 414140.  Glendown Farm, Truggan Road. Mr D Cain.  Proposed agricultural worker’s dwelling.

Mr Cain declared an interest and left the room.  There were no objections.

d)  10/0321.  Greenhill, Ballagale Ave, Surby. Mr J Lister. Extension of existing trading times for nursery from 2 to 4 days per week.  Extend ‘season’ from mid-April to mid-September rather than keep to a rigid beginning of May to end of August.  Keep daily opening hours from 11m to 4pm.

Members felt that this was more a matter for the neighbours to either approve or object to.

PLANNING APPROVAL

a)  09/2045. Carabas, Mill Road, Surby. Mr S Worthing. Alterations and first floor extension over dwelling and erection of detached garage with driveway.

Decision – Director of Planning.                         Issued – 19^th February 2010.

b)  09/2100.  Struan, Ballakillowey Road. Mr & Mrs C Harrison. Alterations and erection of extensions to dwelling house, installation of solar panels and widening of driveway and vehicular access. Conditions include – 3.  The proposed works must include a dropped kerb access the whole length of the widened access onto the Ballakillowey Road.

Decision – Senior Planning Officer.    Issued 23^rd February 2010.

c)  09/1988.  Ballaman, Ballnahowe. Cheeseden Investments Ltd. Alterations and erection of an extension to existing storage building to form a helicopter hangar and creation of a landing pad.   Conditions include – 3.  The hangar and landing pad may only be used for purposes incidental to the occupation of Ballaman, within the defined site and may not be used for general commercial purposes.

Decision – Senior Planning Officer.             Issued – 23^rd February 2010.

d)  09/2110.  Carnanes, Surby Road, Surby. Mr & Mrs N Taylor. Creation of a gable window.        Decision – Senior Planning Officer. Issued – 23^rd February 2010.

e)  10/0031.  Ballanuy, Ballakilpheric. Mr & Mrs W Corrin. Conversion of outbuilding to create a dwelling.

Decision – Director of Planning.    Issued – 4^th March 2010.

11.  PLANNING REFUSALS   none.

12.  PLANNING APPEALS

2 Grenea Cottages appeal was to be held on 23^rd March. Mr Gunn and the Clerk were to attend. Mr Peter Kelly of the IOM Victorian Society had agreed to attend with RPC.

13 COMPLETION CERTIFICATES     none.

14. OTHER PLANNING MATTERS

a)  10/0161. Field 414096, Ballaman, Ballnahowe. Cheeseden Ltd.  Agricultural Building.

Received – copy of a letter sent by the owners of The Coote, Ballanahowe (Nixons) to the Planning Committee objecting to the building.

Also  received – a copy of email from architects to Sarah Corlett, Planning Officer – the Whittakers said that the shed on the other side of the road was too small for current needs and the proposed shed would be situated more centrally.  The existing was also close to a dwelling and expansion of the existing building may cause undue disturbance to them.  There was also a cottage on that site which had planning approval which they may use as residential in the future and that would be affected by extending the existing shed.

Mr Tinkler had been contacted by someone who was upset that RPC had pointed out that there was already an agricultural machinery shed associated with this property and that the land was rented out.  This person had said that the owners were farming the land.

15 ANY OTHER BUSINESS

a)  Christmas Tree.

Mr Vernon said he had heard that the Christmas Tree had been well received.

b)  Sloc Site

Mr Radcliffe asked if something could be done with the Millenium Sloc Site as it was very overgrown.  The Clerk was to ask her son to have a look at it to see the amount of work which it would require.

16.  DATE OF NEXT MEETING Wednesday 21^st April 2010.

The Public Meeting closed at 10pm.

Meeting held 7 30pm Wednesday 17^th February 2010 at Ballafesson Hall.

MINUTES

Present:- Mr P Gunn (Chairman), Mr D Radcliffe (Vice-Chairman), Mr D Cain, Mr A Tinkler.

Apologies: Mr P Vernon, who had leave of absence.

1.  MINUTES

The Minutes of the Meeting held Wednesday 27^th January 2010, having previously been circulated, were taken as read and agreed a true record.

2.  MATTERS ARISING

a)  Southern Area Plan.

Mr Radcliffe and the Clerk had spent most of the day after the meeting preparing this submission as it had to be received by DoLGE on the Friday. The Clerk had hand delivered it to Murray House.  All Members had received a copy.

Mr Radcliffe and the Clerk were thanked for all their work in preparing this.

The Clerk had finally received the information about the areas of land which had been requested by the owners for inclusion but rejected by DoLGE.  She had made copies for the Chairman and Vice-Chairman and this had been passed on to the other Members.

Mr Radcliffe’s brother had put forward two fields of his for consideration so he declared an interest in parts of the Southern Plan which may be affected by that interest.

The Clerk asked if the Members wanted to put any further views regarding these parcels of land but they agreed that they would wait until either the next stage or the Public Inquiry as it was felt that the owners of the land would be appealing against the decision to leave them out of the Draft Plan.

b)  Estimates 2010/11

The Clerk had informed DoLGE that the Rate for 2010/11 would be 67p in £ plus £10 ‘per household’ charge.   She had also mentioned it to the Examiner and Manx Radio.

The £29 refuse charge increase was going before Tynwald on Tuesday 16^th – not as part of DoLGE’s budget but as an individual item.

c)  DoLGE/Local Authority Issues:-

Report of COMIN on the Review of the Scope and Structure of the IOM Government – January 2010.

Proposals received which Tynwald Members would be asked to vote on at February Tynwald.

Seven of the nine Departments would be dissolved on 31^st March and replaced by new Departments.  DoLGE would disappear and local government would be under Department of the Infrastructure but waste management, environmental protection, environmental health would all be under the Department of the Environment.

1. Corporate Governance Principles and Code of Conduct.

Record of Members’ Interests.

2. Changes in Revenue Sharing Agreement

Nothing further received.

3.   Auditors

PKF – The Clerk and Ian Lowey, Clerk of Arbory would be seeing someone from PKF at the end of March.

The Clerk had received a letter of request to be signed to enable PKF to access RPC’s bank accounts.  The Chairman and the Clerk had signed the letter.

d)  Waste Management and Refuse Collection

Bad Debtors – the Clerk had not written to them yet but would do so within the next few days.

Port Erin Commissioners – Joint Meeting on 25^th Feb. Mr Tinkler said that he would attend with the Clerk.  They were to attend to ‘observe’ what was being discussed.

Wheelie Bins – they had arrived and the invoice received from Patrick Commissioners.

e)  Lighting/MEA.

Ballakillowey  roundabout/Ballagawne Road scheme.  Nothing further.

Light RN051 – Ballafesson ‘road to Fleshwick’.  Light beyond repair.  Arm and cast iron box were in a bad state due to corrosion.  Replacement arm and fitting and rewire – £560 + vat.

It was agreed that this should be replaced.

g) Carrick Bay View.

Carrick Bay View – nothing further on the ‘purchase’.

Plot between pavement and road – DoT had dug out all the plants and had put more plants in – instead of just grass.  This plot is DoT’s responsibility and it was hoped that it would be kept tidier than in previous years.

i)  Hedges

High Hedges:-

Dragonscroft Honna Road/Tynewydd, Mill Road.

j)  Traffic matters – Department of Transport.

Next Meeting Wednesday 24^th February.  The Clerk would be attending and she was to bring up the various items for Rushen which were already on the Agenda.

Ballachurry Corner – There had been complaints about this.  Members had looked at it and they felt that part of the corner had been built out too far into the road.  The paint markings in the road were also confusing for drivers.  DoT were to be asked to monitor it.

Rushen School  – Although work had started the scheme still had not been finished. RPC had been told that once it started it wouldn’t take long to complete.  The Clerk was to query this.

Castletown Road & junction. This was believed to have been completed.

Plantation Hill.  There had been complaints that traffic was still going too fast on this hill and there had been near-accidents.  The speed limit was 30mph  and the Clerk asked if it should be requested at 20mph.  This was to be discussed at the meeting.

Civic Amenity Site. There was still no mention of a site meeting regarding speed on the road and other matters.

Ballakilpheric  nothing further.

The Level nothing further.

Glen Chass – sharp corner & turning circle. Mr Cain reported that nothing had been done yet.  He also said that there should be a cul de sac sign on the Chasms Road as vehicles were driving out there and getting into difficulties.  The Clerk was to ask what progress had been made.

k) Police

The Clerk had not been able to attend the meeting on 28^th January due to preparing the Southern Plan submission. The next one would be Thurs 18^th and the Clerk would be off-Island.  Mr Radcliffe was to attend.

Southern Communities Partnership Plan 2010/2011.  Letter from Inspector Musson.  New policing year would start on 1^st April.  The partnership had been going for 5 years.  The detection rate compared to the previous year’s high was slightly down – approximately 47% of all recorded crime was solved.  There had been a reduction in recorded crime – this year it could be a reduction of 17%.  The policing plan 2010/11 will be produced in March and would reflect issues in the local communities.  He asked what issues most affect RPC’s area of responsibility.  The plan would be distributed with the rates.

Members felt that there were no problems at present.

Police Consultative Forum 4^th Feb, 7 30pm at Castletown Civic Centre.  No representatives from Rushen Commissioners had attended.

l)  Litter, beach cleans, dog fouling, etc.

As it was not long until Easter the possibility of having a beach-clean was discussed.  Colby Football Club were to be asked if they would be interested in doing this for a donation.  The Clerk to write to Dickie Gale or to the Chairman, Mr K Skinner.

m)  Ballafesson Playing Field,    Car Park, The Howe:-

The Clerk said that the Commissioners’ mower would not cut the grass low enough and, not having a collector on it, the grass was getting very thick and hard to cut.  Mr Kelly had said that it needed cutting down very low at the start of the season with the grass being taken away.  The mower may then cope with it a bit better.  It was agreed to ask Port Erin Commissioners if they had a mower which would cut very low and which could be borrowed.

n)  Web Site

o)  Southern Civic Amenity Site

Site Report 2009 received and copied to Members.  This was noted and there was a short discussion on staffing matters and, in particular, the week-end workers.

It was also noted that Board Members were due for re-election in May.

p)  Southern Swimming Pool

Mr Radcliffe said there was nothing new to report.

q)  Municipal Association.

.Advertising in the Countryside – the Association had concerns about advertising in the countryside and they were to discuss this.  They had forwarded some information which the Clerk had copied to Members at the request of the Chairman.

The next Meeting would be on 25^th February.

r)  Allotments Nothing further.

s)  Southern Healthcare Committee

Mr Tinkler, as Secretary to the Committee brought along a copy of their latest Minutes for Members to look at. The AGM would be held on 27^th February.

Mr Tinkler said that he had been asked to write to the Secretary of the Rushen Ambulance Committee to ask why they had not had an AGM for two years.  Members were puzzled at this as they understood that there had been one in 2009.  Mr Tinkler would report back on this.

t)  Marashen Crescent

Mr Radcliffe reported that they had a short list of contactors for the work on the approved apartments.  With regard to the older part of the Marashen Crescent elderly people’s dwellings, DoLGE had approved that these be demolished.

u)  Rushen Ambulance

Mr Vernon was not in attendance.

v)  MNH nothing at present.

w)  Risk Assessment

Now the weather should be improving the Clerk said she would arrange for the steps to be put in at Tom the Dippers.  She had felt it too dangerous to do it in wet weather as the sloping land could become quite slippery. She hoped it would be done before Easter.

x)  Land in front of Hillcrest, Cregneash. Nothing at present (actual ownership not known)

y)  Golden Jubilee Trust  Mr Radcliffe said that there was nothing on this at the moment.

z)  Chain of Office and Board for hall with list of all past Chairmen.

Chain of Office –  letter from Jeweller (RHS Jewellers) – who had been asked to provide an Insurance Valuation.  He had written to say that he could not now find the paperwork on his computer and asked for an appointment for him to call and redo the valuation in situ.

It was agreed that another jeweller, Charles Alexander, should be asked if they could value the Chain and Pendant and then the Chairman could bring it in to them.

Past Chairmen.

aa)  Ballakilley Working Party

The Clerk had compiled the submission and asked Members of BKWP to make alterations/additions.  The final document had been sent in on 9^th February 2010.

ab)  Addresses in Rushen.  & 30 & 31 Christeens Way.

Christeens Way – erroneous addresses in the Electoral List.  The Clerk reported that she had written to MEA pointing out that RPC had requested that the data bank which the MEA compile for use by Government and other agencies should be changed to revert to the addresses 30 & 31 back from Odin’s Way to Christeen’s Way.

ac) Flooding at Surby. Nothing further.

Ad)  Housing

The Housing Conference would be held on March 5^th.   The Clerk to attend.  Notice had been received that the lunch would have to be paid for by those attending – the cost was £18 with £15 being paid by the local authority

ae)  Flooding on Ballachurry Road.

The Clerk had written to DoT and acknowledgement had been received but nothing further.

The Clerk was to write to Mr Hannay again to ask if anything was being done.

af)  Glen Chass – narrow road

Letter from Jim Davidson. ‘I apologise for not reporting back to you following my discussion with Mr Maddrell.

The remainder of this was dealt with in private session as it was felt advisable to do so as certain figures were mentioned and it was regarded as a private matter.

However, it was agreed to write to DoT again as this corner was regarded as dangerous and a problem to larger vehicles, especially the bin wagons.

ag)  Contribution to Port Erin Commissioners finances

No letter of thanks for the £850 cheque received from Port Erin Commissioners yet.

Ah) Natural Gas Pipeline.

Mr Radcliffe said that there was nothing to report on this.

RESPONSIBLE FINANCIAL OFFICER’S REPORT:

This is available for inspection at the office of the Commissioners.

7.  AUDIT OF ACCOUNTS 08/09.

The Clerk’s Contract of Employment.

Mr Tinkler had spoken to Moore-Stephens the previous day and he was to bring a copy of the Clerk’s original contact together with the update for them to review.  The Clerk would make a copy for him.

8.  CORRESPONDENCE

Bus Network Review Consultation

‘In October 2008 the DTL commenced a review of the bus network (last reviewed early 1990’s).  A subsequent review undertaken around 10 years ago proposed a radical change of the network that would have considerably increased the cost of operation and was not implemented.  During the last 20 years there have been considerable changes in demand which have been dealt with by amending the existing network.  The Review is to consider the bus network fit for purpose.  The outcome of the review is available at http;//www.gov.im/consultations.gov’  Comments by 12^th March 2010.

Mr Radcliffe had looked through this and it was agreed that he would give his comments to the Clerk to be submitted before 12^th.

Marine Events February – March

Various events including Presentation in Port Erin about Marine Protected Areas – 8pm Friday 26^th Feb at Erin Arts Centre, including update on DAFF’s Manx Marine Nature Reserve Project.

Several Members indicated that they would try to attend.

Unsightly Buildings and Land. Local Government (Misc. Provisions) Act 1984, Section 14; and Building Control Act 1991, Section 24.

Letter from CEO – DoLGE

‘The Department has for some time been reviewing the enforcement of the above legislation and, as a consequence, has produced a new procedures booklet which is intended to assist all Local Authorities enforce the relevant legislation.

The booklet includes examples of various standard letters which, hopefully, your Authority will consider using in the future as this will ensure a standard approach throughout the Island.  From our experience, if prosecution is necessary, then the use of such letters will also serve as an audit trail of action which could help secure a successful prosecution.  You will note that the letters are designed to deal with various degrees of “unsightliness” ranging from minor unsightliness to those cases where more formal action may be required.

The Department believes that “unsightliness” is a local issue that is best dealt with at a local level and that Local Authority officers are more that capable of dealing with such complaints in their districts, as already happens with Douglas and Onchan.  To further assist Local Authorities with the enforcement of this legislation the Department, in conjunction with the Attorney General’s Chambers, has also arranged some basic training in Court procedures.  This training will enable Local Authority officers, subject to approval by their Authority, to undertake their own prosecution cases.

Finally, in view of the significant level of public and political interest/concern about “unsightliness issues”, the Department would appreciate feedback with regard to the scale of this problem in your district.  Consequently, we would be grateful if, by the end of February 2010, you could provide confirmation of the number of complaints that your authority has satisfactorily resolved, without using officers of this Department over the last 2 years.

If you wish any clarification about the contents of this letter or would like to discuss any queries you may have which relate to unsightliness issues, then please feel free to contact John Howie.’

It was felt that RPC could not do much more than they did at present i.e. eventually involve DoLGE after initially writing to the owners of unsightly properties.

The Clerk felt that she had not had the training to decide what was unsightly especially as RPC had, in the past, asked John Howe to look at various buildings and land which they had felt sure were unsightly only to have Mr Howie say that they were not.  The decisions must therefore be subjective.

It was agreed that most Local Authorities would have to rely on the professional people in DoLGE to take further action once initial letters had been sent out.

The Clerk was to reply to this effect.

Consultation – Children Bill.

This could be accessed on www.gov.im/consultations.  Included in the Bill were some specific questions on proposed legislation where views were sought.  Views by 16^th April.

This was deferred until the next meeting.

Letter from Phil Gawne, MHK re Transition Isle of Man.

They were holding a meeting at 7pm on Wed. 24^th February at Morton Hall, Castletown – subject – ‘Can we afford the future?’

Mr Gunn indicated he may attend this.  Mr Radcliffe was involved with this group so would also be in attendance.

Tynwald Annual Report

Report on the parliamentary year 1^st October 2008 to 30^th September 2009.   Noted.

Road Transport Licensing Committee. Applications, Decisions and Notices.   Noted.

9.  PLANNING APPLICATIONS

a)  10/0031. Ballanuy, Ballakilpheric. Mr & Mrs W Corrin.  Revised drawing received – site and location now show the whole of the existing curtilage.

No objections.

b)  10/0163.  The Barns, Strawberry Fields, Croit-e-Caley. Miss J O’Neill. Erection of conservatory to northwest elevation.

No objections.

c)  10/0139.  Robin Hill Farm, Cronk-e-Dhooney. Mr & Mrs MacQuillan. Creation of external steps to first floor tourist accommodation.

No objections.

d)  10/0161.  Field 414096.  Ballaman, Ballnahowe. Cheeseden Investments Ltd. Erection of agricultural building and hardstanding.

Members were concerned about the location of this proposed shed as it was not near the main house or other buildings and in a prominent area.  The requirement for such a building was questioned as there was already an agricultural building associated with this holding on the other side of Ballnahowe Road.

10.  PLANNING APPROVALS

a)  09/2037.  Field 414188.  Croit e Caley Dr P Boultbee.  Erection of replacement agricultural building.  Conditions include – 3.  The building may be used only for the storage of equipment, vehicles and machinery in association with the maintenance of the site as defined in the approved plans.  4.  Within one month of the completion of the new building all existing buildings and storage containers must be removed from the site, ass described in the application.   Decision – Senior Planning Officer.       Issued  – 4^th February 2010.

b)  09/1970. Tradewinds, Surby Road, Surby. Mr & Mrs D Trustrum. Alterations and extensions to dwelling with new vehicular access.

Conditions include  3. The works must include the provision of a new footway crossing along the new access.   Decision – Senior Planning Officer.  Issued 15^th February 2010.

11.  PLANNING REFUSALS   none.

12.  PLANNING APPEALS     No date for the 2 Grenea Cottages appeal had been received.

13 COMPLETION CERTIFICATES

a)  04/7122/DEX.  Carabas, Mill Road, Surby. (sent to Port Erin Commissioners)

Bathroom extension, conservatory and summer house.   Dated 26^th January 2010.

14. OTHER PLANNING MATTERS   none.

15 ANY OTHER BUSINESS

a)  The Leigh, Surby Moar.

There had been complaints that the owners had built their driveway outside their boundary onto the verge and put in kerbs.  There had been concern that these may be too high and damager the underneath of cars which may have to pull in to let oncoming traffic pass.

Members had looked at this and felt that it was not too high and they were not too concerned at the moment.  The Clerk said she would locate the planning application relating to this property to see if they were breaching any plans.

b)  Insurance,

The Clerk reported that she had received a call from Kestral Insurance who were contacting all local authorities asking if they could give a quote for their insurance.

It was agreed that this should be looked at more closely.

16.  DATE OF NEXT MEETING    17^th March 2010.

As there was no further business for the public part of the meeting this was closed at 9 37pm.

Meeting held 7 30pm Wednesday 27^th January 2010 at Ballafesson Hall.

MINUTES

The Meeting had been changed from the Statutory date of Wednesday 20^th January at the request of Mr Tinkler as he had said he would be unable to attend then.

Present:-

Mr P Gunn (Chairman), Mr D Radcliffe (Vice-Chairman), Mr A Tinkler, Mr D Cain.

Apologies:- Mr P Vernon who had leave of absence.

1.  MINUTES

The Minutes of the Meeting held Wednesday 16^th December 2009, having previously been circulated, was taken as read and agreed a true record.

2.  MATTERS ARISING

a)  Southern Area Plan.

This had to be submitted by 29^th January.

As the Meeting had been delayed by one week there were only two days left to submit RPC’s submission.  To try to assist Members the Clerk had drafted a submission with particular attention to the Ballakilley area.  Mr Radcliffe had also made a draft and these two documents had been circulated to Members with their Minutes, Agendas, etc.  Mr Tinkler had also set out some of his views and had emailed it to the Clerk the previous day.

Members looked through these and it was agreed that Mr Radcliffe and the Clerk should use them as a basis for compiling and finalising the submission and they should send it in to be received by DoLGE by the Friday.

b)  Estimates 2010/11

There had still been no official confirmation from DoLGE re cost of refuse disposal as it had to go before Tynwald as part of DoLGE’s budget. However, DoLGE had indicated that the cost would be £29 per tonne (the subsidy from DOLGE would be 71% instead of 90%) and the Estimates were prepared using this figure.

The Clerk had prepared a draft estimate and accompanying notes so that Members could make informed decisions.  These showed that to have no increase in the rates would mean a deficit.

As there was a substantial amount in reserves any deficit could be paid out of these.

The draft was discussed and it was agreed that the refuse collection should be increased by 3.3% (as requested by Jones Services and in accordance with the Contract).

It was also agreed that the ‘per household’ charge, which had been reduced to £5 should return to £10 and that the ‘second bin’ annual charge should be increased from £10 to £20 as it was thought that this should not be subsidised.

The Southern Amenity Site Board had sent their Estimates and they had agreed to use some of their reserves to off-set their increase in costs – RPC’s contribution would be £18,823, an increase of £415.

The Audit Fee was increasing to £3,000.

Rent for the Hall was agreed at £800 per annum.

The Clerk left the room whilst her salary was discussed. On her return she was informed that it would be increased by £500 to £10,500.

The Estimate showed that, taking all the above into consideration, the deficit would be £17,959.

Mr Tinkler proposed and Mr Cain seconded that the Estimate be approved and that the Rate should be 67p in the £ plus a £10 ‘per household’ charge.

c)  DoLGE/Local Authority Issues:-

1. Corporate Governance Principles and Code of Conduct.

Record of Members’ Interests.    Some Members were still to give these.

2. Changes in Revenue Sharing Agreement

Nothing had been received officially from DoLGE regarding increases in charges, etc. but it had been presumed that the only increase would be regarding the refuse disposal charge which was believed to be increased to £29 per tonne.

3.   Auditors

PKF – letter from Michael Crowe

Mr Lowey, Clerk of Arbory, was arranging for both him and Rushen’s Clerk to see him.

d)  Waste Management and Refuse Collection

Bad Debtors – second bins.  Mr Tinkler had not been able to see these people.  The Clerk said she would write to them again.

Port Erin Commissioners – had sent a further letter regarding the meeting of the Southern Authorities (except Rushen) to discuss a combined southern refuse collection and other related matters and they had included a report of their last meeting on 8^th December.  The Clerk had copied these and given to all Members. The purpose of the meeting ‘being to discuss the possible formation of a Joint Southern Local Authorities Refuse Board.   It seemed that there was ‘disappointment’ from various people attending that there was no representative from Rushen.

They were to hold another meeting on Thursday 25^th February and Rushen were again invited:  ‘If your Board decides to be represented at the meeting it would be appreciated if the information requested and their views could be forwarded by 31^st January 2010 in order that the same can be collated for the next meeting.’

The Clerk asked if she should attend to see what was being said and it was agreed that she and one of the Members should attend and that they would be there to observe.

Refuse Disposal Subsidy – cost to be £29 per tonne but this had to be finally confirmed.

Wheelie Bins – they had arrived at Patrick Commissioners.  20 had been ordered but as a few more were available, the Clerk consulted the Chairman andVice-Chairman and it was agreed to ask for a further 5 – total 25.  These were £19.90 each.  The Clerk had asked Jones Services to deliver them to her house where they were to be stored.

e)  Lighting/MEA.

Ballakillowey  roundabout/Ballagawne Road scheme.  There was nothing further on this but the MEA had said some time previously that it would be February when the work would take place.

g) Carrick Bay View.

Carrick Bay View  – no documents received yet.  The Clerk had been to Judy Thornley’s office to ask what was happening and had been informed that the Registry had disputed the boundaries.  This was not something in which RPC would be involved.

i)  Hedges

High Hedges:-

Dragonscroft Honna Road/Tynewydd, Mill Road.

This matter was ongoing.

j)  Traffic matters – Department of Transport.

Ballachurry Corner – Work had started to narrow the junction.  A letter of complaint had been received from Mr K McArd.  The Clerk was to bring this up at the next Traffic Meeting which would be held in February.

Rushen School Work had started on the 20mph signs and associated cabling.

Castletown Road & junction. This now seemed to be completed but the Clerk was to check regarding the bollards.

Plantation Hill.

Civic Amenity Site. Mr Cain said that nothing had been discussed at the Amenity Site meetings regards a meeting with DoT and Local Authorities.

Ballakilpheric nothing further.

The Level nothing further.

Glen Chass – sharp corner & turning circle. Mr Cain  reported that nothing had been done there yet.  The Clerk to bring this up at the Traffic Meeting.

k) Police

The Clerk had not attended the meeting on 17^th December.

Invitation received regarding the public meeting of the Police Consultative Forum 4^th Feb, 7 30pm at Castletown Civic Centre.   The Clerk said she would try to attend and some of the Members may also go along.

l)  Litter, beach cleans, dog fouling, etc.

Nothing at present.

m)  Ballafesson Playing Field,    Car Park, The Howe:-

The Clerk was to try Castletown Commissioners to see if they were ordering any safety matting.

n)  Web Site

o)  Southern Civic Amenity Site

Their Clerk had sent their Estimates, which had been re-calculated  and which could be final but they are waiting to hear from Treasury and DoLGE re an aspect of Arbory’s rateable value.  Rushen’s contribution would probably be £18,828  23 (£4,707.06 per quarter in advance).

p)  Southern Swimming Pool

Invoice received for year end 31^st March 2010 and this was for £3,022 53.  The rate is capped at 2.5p in £ of the rateable value of the Parish.

q)  Municipal Association.

Mr Gunn said there was nothing to report as there had been no meeting since the last report.

r)  Allotments Nothing further.

s)  Southern Healthcare Committee

Mr Tinkler said that the AGM would be held the following night and that, once he had the previous Minutes approved, he would send a copy to the Clerk for distribution.

t)  Marashen Crescent

Mr Radcliffe said there was nothing new to report.

u)  Rushen Ambulance As Mr Vernon was not present there was no report.

v)  MNH Nothing to report at the moment.

w)  Risk Assessment

The Clerk had written to Mrs Hornsby and received an invoice for £160.

x)  Land in front of Hillcrest, Cregneash. Nothing at present.

y)  Golden Jubilee Trust

Mr Radcliffe said that the event, which had been heats for the south, had been cancelled due to bad weather.

z)  Chain of Office and Board for hall with list of all past Chairmen.

Chain of Office – no valuation or invoice received yet. Mr Tinkler had now given the Jeweller the Clerk’s address.

Past Chairmen It was still considered that a student may like to take on the task of finding out the names of the past Chairman.

aa)  Ballakilley Working Party Public Meeting – 14^th January 2010. This had been quite well attended with people having the opportunity to have discussions with Members and each other.  Several letters with their points of view had been left for the BKWP.

A submission would have to be sent in from BKWP before 29^th Jan. but a letter had been received from the Planning Officer stating that they had extended the submission date to 12^th February.

The Clerk was to arrange another meeting of the BKWP so that they could discuss what would be put in the submission  – this would be the following week.

ab)  The Anchor of the MV Fenella  – memorial.

Captain Douglas, who was one of the people dealing with this, had died.  As it was not known how this may progress and there was nothing happening at the moment the item was to be taken off the agenda.

ac)  Addresses in Rushen.  & 30 & 31 Christeens Way.

Christeens Way – The Clerk had noticed on the Electoral Register (amendments received)  that Mr and Mrs Porter’s address had been changed to Odins Way.  She had contacted them to check whether they had agreed to this, which they hadn’t, and also contacted S Carse, who was in charge of the Electoral Registers.

She spoke to an officer who said that they had changed it because they had to abide by the Data Base which the MEA undertake for the Government.  The Clerk had written to MEA 2^nd March 2009 telling that that the address as Christeen’s Way was correct and that RPC were putting up a sign so that there would be no confusion.  As it was obvious that the MEA had ignored this the Clerk was to write to the MEA again pointing out their error and requesting that it be corrected.

ad) Flooding at Surby.

Nothing further on this.  However, a letter was to be sent to the DOT congratulating them on the good job they had done at the top of Surby Hill on the ditches and drains.

ae)  Christmas Tree.

Mr Cain and Mr Radcliffe were thanked for putting up the tree, putting the lights on and taking it down again.

Af)  Housing

The Housing Conference would be held in March.

Ag)  Consultation – Draft Planning Policy Statements.

i) Development and Flood Risk – Guidance for the Isle of Man

ii)  The Role of Landscape Character in Development. Views by 29^th January.

This has been deferred from the December meeting.

There were no comments to be submitted.

ai)  Mr Bush – site at corner of Glen Chass/Howe.

Nothing further on this.

aj)  Flooding on Ballachurry Road.

The Clerk had written to DoT and an acknowledgement received.

ak)  Glen Chass – narrow road

The Clerk had not yet received a reply but Mr Cain had been speaking to Mr Jim Davidson who had told him that it was ‘on the list’.

al)  Contribution to Port Erin Commissioners finances

Cheque and letter sent to Port Erin Commissioners re contributions towards Herdman Library and also their Firework Display.   No reply received. RESPONSIBLE

RESPONSIBLE FINANCIAL OFFICER’S REPORT:

The Report including Revenue, Accounts for Payment and Financial Situation can be read at the Commissioner’s Office.

7.  AUDIT OF ACCOUNTS 08/09.

The Clerk’s Contract of Employment.  Mr Tinkler had asked Moore Stephens about this.

8.  CORRESPONDENCE

a)  Electoral Register. Additions and Deletions.    These were noted.

(The Clerk had noted and investigated the change of address for Mr & Mrs Porter – see 2 ac)

b)  Control of Employment (Exemptions) Order 2009. & Guide to Work Permits.

This was noted.

c)  Consultation – On Support for students in higher education.

These documents are available at www.gov.im/consultations.   Any views by 12^th February.

This was noted.

d)  Third Sector Strategy Group

Letter and Questionnaire from Janet Bridle, Development Officer

They were doing an assessment of community needs in the south.  They requested input – as a group or individuals.

e)  MEA – Natural Gas Pipleline.

They are to install a natural mains gas pipeline to Ramsey, Kirk Michael, Ballaugh, Peel and to the south via Ballasalla and Castletown.  If approved by Tynwald 6,500 properties will be able to be connected to the natural gas network…    Presentation to be held 21^st Jan at MEA HQ – Chairmen and Clerks invited.    Reply required by 15^th Jan.

As the date of RPC’s meeting had been changed this had not been put before the Board in time for anyone to attend.

Subsequently information had been received from the Presentation. Also Draft for consultation – ‘Proposal for Extension of Mains Natural Gas Network Report’

Mr Radcliffe took this to read through.

f)  Letter from a Mr Faragher

He wanted to be able to bury the remains of his great grandfather in un-consecrated ground at St Peter’s Church (at present buried in Derbyshire).  He had been in touch with the Vicar and was
asking if the Local Authority would support this.

As Local Authorities on the Island have different roles than those in UK he was to be advised that the Bishop and Vicar were the main contacts.

g)  Civic Sunday –

Arbory Commissioners. Invitation to attend Sunday 14^th February at Colby Methodist Chapel at 10 30am and thereafter light refreshments at Methodist Chapel.

Mr Gunn would attend this.

Malew Commissioners. Invitation to attend 7^th March at 3pm at the Abbey Church.  Light refreshments at Ballasalla Village Hall.

At present no Members indicated that they would be able to attend.

h)  The Cessation of the Reciprocal Health Agreement.

Emailed correspondence from Travel Watch Isle of Man and also Liberal Vannin Party which the Clerk had emailed to Members on 23^rd January. This was noted.

i)  Road Transport Licensing Committee Applications, decisions and notices.  Noted.

j)  Road closures

Emergency Notice received re closing of Sloc Road due to snow and ice.   Noted.

k)  Castletown Metropolitan Silver Band Subscription concert. Sunday 21^st February at CRHS commencing at 2 30pm.     Noted.

l)  Chrystals Auctions

They are now acting for Douglas Corporation by taking vehicles and equipment for disposal to their Auctions (rather than the tender process).  They are advising you that they are carrying out these auctions every three to six months should RPC have any lots to dispose of.   Noted.

m) Event Safety Seminar 22^nd Feb 6 30 – 9pm. Numbers limited.

The Clerk indicated that she may be able to attend this.

n)  DoLGE – Table of Assets –

DoLGE had sent a long form requesting information on Assets – wanting to know –

How many staff; number of buildings owned, purpose, when built, value; (also vehicles)

Refuse collection- type of and number of bins, frequency of collection, name of Contractor, level of Rate Contribution towards Civic Amenity Sites for forthcoming year;  (kerbside collection of recyclables)  who is Litter Officer, number of litter bins, how often emptied, name of Contractor; beach cleaning – name of beach, frequency of cleaning, name of Contractor, cost of beach cleaning; street lighting – number of lights and age; street cleaning; Play Areas – what facilities, age of facility, cost of providing serve;  public parks, etc; car parks – parking fees, cost of maintenance;  public conveniences – age, cost of maintenance;  Housing – number of people employed in housing, dedicated maintenance team or contractor;  Housing – rent collection; sheltered housing; Swimming Pool- age, rate contribution; Byelaws; consumer advice; Rate Collection; Tourism.

The Clerk would complete and return this but it was questioned why DoLGE required this amount of information.

o) Physical Activity Framework for IOM – draft document.

On behalf of the Healthy Schools Partnership. They wrote 25^th August and said they had not yet received a response from Rushen. They wanted feedback on the way forward for further opportunities for Island residents to incorporate physical activities in their daily lives.  Reply by 12^th February.

The Clerk said she had thought a reply had been sent mentioning possible recreational facilities at Ballakilley and requesting their support.

The Clerk would write again and re-iterate the request for support, especially now that the Draft Written Statement for the Southern Area Plan was almost out of time for this round of consultation.

9.  PLANNING APPLICATIONS

a)  09/2037.  Field 414188, Croit-e-Caley House. Dr P. Boultby.

Demolition of existing dilapidated agricultural building and replacement with new agricultural building with timber walls and slate roof.

No objections.

b)  09/2054.  Carabas, Mill Road, Surby. Mr S Worthing. First floor extension over utility/store; detached double garage with driveway.

No objections.

c)  09/2100.  Struan, Ballakillowey Rd. Mr & Mrs C Harrison. Extension to garage and creation of wardrobe and en-suite above first floor bedroom; installation of dormers on the front elevation of the first floor bedrooms; enlarge existing porch and clad front bay windows in Manx stone; installation of solar panels to rear slops of the roof; widening of driveway entrance and alteration of garden walls to approve visibility.

No objections.

d)  09/2110.  Carnanes, Surby Road, Surby. Mr & Mrs N Taylor. Install window in west gable.

No objections.

e)  09/2108.  Former Motorlands Garage, Shore Road. Bonville Finance Ltd. Erection of 14 apartments and caretaker’s flat and associated garage/parking.(This is one large block taking in the ‘office block’ the large garage building and the house alongside)  There are conceptual photographs to help you see what it would look like.

Amended plans had also been received, which would be re-advertised.

Members felt that it was too large and too much of a mass on that site.  It would be overbearing and over-intrusive; buildings should be only two stories in this area; the design was totally out of keeping with the other properties on this stretch of road; the roof should be of slate; it was situated too close to the road and two junctions and there was inadequate parking for visiting or business vehicles; there had been problems with subsidence of the road over several years and this new construction could compromise it.

Letter from Mr & Mrs McIntosh, Roylin, Shore Road.  Noted.

f)  10/0031. Ballanuy, Ballakilpheric. Mr & Mrs W Corrin. Conversion of outbuilding to create dwelling.

No objections.

g)  09/1988.  Ballaman, Ballnahowe. Cheeseden Investments. Alterations and erection of an extension to existing storage building to form a helicopter hanger and creation of a landing pad.

Amended Plans received which would not be re-advertised.

No objections.

10.  PLANNING APPROVALS

a)  09/1748.  Cronk-e-Dhooney Cottage, Cronk y Dhooney, Ballakilpheric. Mr & Mrs A Burden. Door and window alterations to rear elevation.

Decision – Senior Planning Officer.                 Issued 21^st December 2009..

b)  09/1737.  Field 410341 Robin Hill Farm, Cronk y Dhooney, Ballakilpheric. Mr & Mrs MacQuillin. Relocation and extension of existing stables.

Conditions include – 3.  The stables may be used only for the keeping of horses and associated feed and equipment, solely in association with the occupation of Robin Hill Farm and may not be leased used or sold separately.

Decision – Senior Planning Officer.      Issued – 21^st December 2009.

c)  09/830.  Lhingague, Surby Road, Surby. Mr A Clucas. Erection of an extension to provide ancillary living accommodation.

Conditions include – 2.  This permission relates to the extension of the property in drawings PO1. PO2 and PO3 all received on 11^th November 2009.

Decision – Senior Planning Officer.     Issued – 31^st December 2009.

d)  09/1691.  Meadowfield House, Croit-e-Caley. Mr & Mrs J Kite. Partial conversion of garage to provide additional living.  (this is the new house).

Decision – Senior Planning Officer.   Issued 26^th January 2010.

11.  PLANNING REFUSALS

a)  09/1639.  Field 414487, Ballakillowey Road. Mr C Bateson. Erection of an agricultural storage building.

Reasons for refusal – 1.  The application site, and thus, the land which is associated with the application is insufficient to justify the erection of this building, which is not sited alongside other buildings and as such is relatively isolated within the landscape.  As such it would be contrary to the provisions of Environment Policy 15 of the Strategic Plan.  2.  The building would be constructed within the 9m corridor each side of an existing overhead electricity supply, contrary to the provisions of Energy Policy 2 of the Strategic Plan.  3.  Notwithstanding that there are policy objections to the principle of any building on this site (see reason 1 above), the building is modern in appearance and finish, contrary to the rural character of the area where the few buildings which exist are generally traditional in nature and finish.

Decision – Senior Planning Officer.   Issued 26^th January 2010.

12.  PLANNING APPEALS

a)  2 Grenea Cottage, Shore Road.

The Clerk confirmed that RPC had asked for and been granted an Appeal Hearing.  She had sent in six collated sets of RPC’s submission on 18^th Jan. after approval by the Chairman and Vice-Chairman.

13 COMPLETION CERTIFICATES none.

14. OTHER PLANNING MATTERS

a)  09/0622.  Sunnyholme, Ballafesson Road. Mrs P Hancock. Erection of replacement dwelling (additional plans received).

This had now been withdrawn.

15 ANY OTHER BUSINESS None.

16.  DATE OF NEXT MEETING Wednesday 17^th February 2010 was the statutory date (3^rd Wednesday in the month) .  Mr Tinkler asked for it to be changed as he might be off the Island.

The Clerk pointed out to Members that, as the dates of meetings were statutory, with DoLGE and other agencies and publications being informed of them, the date for meetings should only be changed rarely and in exceptional circumstances.

Mr Tinkler said he would inform the Clerk the following week whether or not he would be off the Island.

The public part of the meeting closed at 10 45pm.

These Minutes are edited (but only slightly).  The full version including all financial details is available from the Clerk.

Present: Mr A Tinkler (Chairman), Mr P Gunn (Vice-Chairman), Mr P Vernon,Mr D Cain. Apologies: Mr D Radcliffe.

There were no members of the public or press in attendance.

1.  MINUTES: The Minutes of the Meeting held Wed. 18^th February 2009, having previously been circulated, were taken as read and agreed a true record.

2.  MATTERS ARISING

a)  Estimates 2009/10.

DoLGE had been informed that the Rate for Rushen had not changed and remained at 67p in the pound.   The press release had appeared in the Manx Independent.

b)  Governor’s Visit to the Calf – 30^th April.

Government House had indicated that Lady Haddacks would not be able to go to the Calf because of knee trouble.  His Excellency would be accompanied by his Housekeeper. A reply had been received from MNH stating they could not allow people to go into the old lighthouses for safety reasons.  However, if their Properties Manager accompanied him they would let only HE go in.

The Clerk had been talking to Mr Fox, the retained lighthouse keeper who had agreed to show the official party around the newest lighthouse.  The Chairman had invited Mr Quayle, Northern Lighthouse Commissioners but he had now indicated he would be unable to attend.  Dessie Robinson, who worked for MNH had been asked if he would show the official part around and Ann Kaye, who regularly showed people around the Calf would also be there.

Mr S Clucas, as Captain of the Parish, had been invited to join the official party.

The Chairman indicated that his wife may accompany him and the Vice-Chairman’s wife was invited also.    There would be 12 people altogether.

c)  Southern Area Plan.

Community Engagement Event

This had seemed to be very successful and Diane Brown thanked Rushen Commissioners for their help.          The land at Ballakilley had been part of the area included for views.

d)  Review of the Planning SystemNothing further at present.

e)  DoLGE/Local Authority Issues.

There had been mention in the House of Keys and Tynwald sittings regarding Local Authority Reform/ Rating Reform.   The Chief Minister had mentioned this and there seemed to be support from some Tynwald Members.  However, the DoLGE Minister had been questioned in Tynwald and had denied that reform such as had been put forward in the past was not likely at the moment but Local Authorities had been and would be encouraged to take on more of the responsibilities which DoLGE now had.

Rating reform was briefly discussed by Mr Vernon and the Members.

f)  Waste Management and Refuse Collection.

Jones Services – It was confirmed that the increase for the extra payment would be for the 09/10 year and Mr Jones would be asked to submit an invoice for the agreed amount over and above the RPI increase.

g)  Lighting

The Clerk had confirmed that RPC were in agreement for the scheme on Ballagawne Road to go ahead and she had asked if some of the bracket lights could be reused elsewhere (at an extra cost)..  Mr Quayle has confirmed that the quote included reusing two of them and the other could, if suitable, be reused also.

h)  Grass Cutting – various areas & Carrick Bay View.

The Clerk and Mr Kelly had collected the mower from the Playing Field and taken it to their house to be collected by Isle of Man Farmers for servicing.  It had been serviced and returned to there and then had been taken back to the Playing Field.  It had been difficult to get the mower through the two gates, through the mud and past the horses in the adjoining field so it was unlikely that this mower would be used for cutting the grass elsewhere.

Croit-e-Caley Green. The Clerk had received a phone call from a resident that there were blue lines painted on the green.  There were fears that it was going to be turned into a car park.  She had spoken to a man from the Water Board who said they were going to put in a new connection across the green.  She had told him that RPC were intending planting a tree on the green.  It was agreed that this would not be a good idea until the new pipe was in and an assessment made on what impact a tree would have on the pipe.

Carrick Bay View – nothing further re conveyance yet.  Mr Kelly had used RPC’s mower on the grass when it had been at the house regarding collection for servicing.  He had used it twice to keep the grass from getting long.  Because of the difficulty with RPC’s mower he would be using his own petrol mower for this job in the future.

It was agreed that, although RPC did not actually own the land yet, Mr Kelly should cut it and keep it tidy rather than wait until the Conveyance went through

i)  Traffic

The DoT had still not carried out the speed restrictions at Rushen School nor the signs and lines on Plantation Hill nor the new bollard and lines at the junction at Castletown/Shore Road.

j)  High Hedges.

Complaint by Mr P Vernon re High hedge at Moorescroft.

Mr Vernon withdrew from the meeting whilst this matter was discussed.

The Remedial Notice was sent by recorded delivery on 28^th February – signed by the Chairman and by the Clerk as Case Officer.  The Operative Date was until 31^st March (one month in accordance with the regulations) and the Compliance Period was from 1^st April to 15^th September.  Reading through all the regulations the Clerk had noted that allowance must be made for the possibility of nesting birds (up until 31^st August)  This timescale would be adequate for the Feltons to make arrangements to cut back the hedge and have the work carried out..

k)  Police

There was a meeting on 19^th Feb.  which the Clerk had attended.  With regard to the proposed allotments on Mount Gawne Road and the concerns of the residents the Clerk had brought this matter up at the previous meeting as the Police would have had to deal with complaints.   Due to the concerns the residents had given at the Meeting the previous evening, not only about traffic but about the security of their properties, she mentioned that the residents of Mount Gawne Road had attended the Meeting the previous evening and, due to their concerns  RPC had now decided that the Mount Gawne gate should be blocked off.  The Clerk of Port St Mary was there and was very vociferous when he heard this and said that it was not what had been agreed. The Clerk told him that a letter had been sent to him and that he would receive it the next day.

Once again there were no crimes in Rushen.

The next meeting would be on 26^th March and the Clerk asked of there was anything to be discussed, presuming that the broken windows in Ballafesson Hall would have been reported. There were no other concerns.

l)  Litter, beach cleans, dog fouling, etc.

CRHS were to have done the beach clean Sat 14^th.  Mrs Messenger phoned the Clerk on 14th to say that they were now going to do it on 28^th.

Mr Radcliffe had put up the dog bin on Honna Road, near the phone box.

K McArd  had sent an email thanking RPC for the reply to his complaint and noting that a dog bin was being put up in Honna Road..

Dog Bins –

Mr Vernon and the Clerk had spoken to one of the binmen when they were putting up signs for the Ballakilley Meeting.  They had asked him if the bin lorry went along the Ballachurry Road and if a dog bin was put there could they empty it.  He said they did. The Clerk was to check with Mr Jones and, if they did, one was to be put on a pole along that road.

The Howe – Mr Cain suggested putting a dog bin on a pole near the junction with Glen

Chass – on the opposite side of the road to the pavement.  This would mean that there would be a bin at each end of Glen Chass.  This was agreed.

Letter from Lawn Tennis Association IOM. (from Ian Watson, Tennis Development Officer).  They requested  :-  . ‘……permission from the Rushen Parish Commissioners to organise a sponsored ‘beach clean’.  The funds raised would go towards the costs of sending a Tennis team to compete in the 2009 Island Games in Aland.  Mrs Francis Tinkler who I believe has already made enquiries regarding this matter is one of our Team Managers and is happy to organise the beach clean.  If we are given the opportunity to go ahead I would be grateful if you would contact Frances to give her the go ahead as she will be the main contact for the beach clean.’

Although the letter did not state it – it was understood that they were asking for a donation from RPC in return for doing a beach clean.

Mr Tinkler declared an interest as his wife was to be one of the Team Managers and she would be organising the beach clean.  He left the room whilst this was discussed.

It was agreed that they could clean Fleshwick  including the brooghs and stream. If possible it should be done in readiness for the Easter holidays.  A donation would be made once it was done.

Mr Tinkler returned to the Meeting.

Letter from Mr Thomson, Rushen School – The Caretaker had had to empty dog mess from the school litter bin near the main entrance.  He assumed that it was members of the public who were walking their dogs past the school who were doing it.  He asked for a dog bin near their entrance and it was agreed that one should be put there.

Dog Byelaws – emails from S Hamer, K Michael Commissioner and Member of the Municipal Association.

They were trying to bring in dog byelaws and there were anomalies regarding what is ‘open space’. The Attorney General seemed to have a different interpretation for this than the original legal team may have had in 1980 when the Dogs Act came into being.  The current AG’s team now believed that the Act does not allow places such as churchyards and car parks to be deemed ‘open spaces’ and thus now allowable in future byelaws.

There had been two emails and the Clerk had copied these to Members.

Mr Gunn, the Representative on the Municipal Association, said that the Municipal Association had been looking into this and other ‘dog’ matters such as where does the Dog License money go to – it was believed it only went into Treasury.

m)  Signs.

Honna road.     A check had been made regarding parking in the area and cars did not seem to park near the phone box so it was agreed the sign should be put there.

n)  Ballafesson Playing Field.

Mr Cain said he had not heard from his contact regarding the prices for swings.   The Clerk had asked if the goal posts and table-bench should be painted.  This was to be looked at, especially the goal posts to check if they were safe.  

o)  Web Site.

Mr Vernon and the Clerk had received training from Nick Thornley so that they would be able to keep updating the web site.

Apparently it was quite difficult to put the Minutes on due to the way they were done.  The Clerk would have to redo them in a different way through trial and error (but for the web site only).   Putting other things on was a lot easier. They had spoken with Mr Thornley about a 6 monthly contract to see how things went and he could be keeping his eye on it and giving advice, etc.

p)  Southern Civic Amenity Site.

Report and Statement of Accounts for 06/07 and 07/08 received.

Also received their yearly Report.

Mr Cain said that there had not been a meeting since last month.

q)  Southern Swimming Pool.

A further refund received from Board re loan from Castletown now expired – £1,078 80.

This was with regard to the proportional loan charge re the original refurbishment loan for the Southern Pool through Castletown Commissioners.  The Board had been advised that the loan charges were amalgamated in 2008 and as this loan had now been repaid in full were no longer applicable for 2009.  As the new refurbishment loans were being repaid through central Government future Local Authority contributions for the Southern Swimming Pool would consist only of the 2 1/2p rate on the rateable value.

r)  Municipal Association.

The next meeting  would be on 26^th March.  Minutes and Agendas received and copied to Mr Gunn..

s)  Allotments

The Clerk had sent the letter regarding Mount Gawne Road  as instructed at the previous meeting.

The field had been ploughed and marked out; there was a new gate which has been set back into the field so that a car could be off the road whilst the gate was being opened and shut to get into the field.

The Residents of Mount Gawne Rd had told the Clerk that they had not yet had a meeting with PSM Commissioners. She had contacted PSM as the email from Mrs Collister indicated that the Minister of DoLGE had become involved.  They replied that it had always been their intention to hold a meeting with the concerned parties. ‘If Mrs Collister had expressed concerns to RPC which have not already been dealt with eg security, access etc it would be helpful if you could let us know what her concerns now are, together with those of any other resident of Mount Gawne Rd.’

Port St Mary Clerk had indicated to the Clerk in a subsequent conversation that they were going to hold a public meeting with PSM, RPC, residents, allotment holders, etc. invited along with the 3 Rushen MHKs .

They were still waiting to hear from SLR (engineers) via DoLGE Waste Management regarding the tip before a decision could be made regarding where the parking facilities would be sited for the Allotments.  They felt that SLR must have done an investigation on the site and would be able to advise on any contamination – which would mean that the existing hardstanding could not be used in the interim or that the proposed hardstanding could not be made.  The Clerk had offered that RPC could contact DoLGE Waste to insist that they hurry thing up (as it is all in Rushen) but PSM Clerk declined the offer.

Notification had been received that Port St Mary Commissioners were holding an Open Meeting regarding the Allotments at 7 30pm on Tuesday 24^th March at St Mary’s Church Hall, Bay View Road, PSM “to discuss any issues relating to the allotments site.”  Hon. Phil Gawne MHK was to Chair it.

A letter had been received  from PSM which had been copied to all Members.

The Chairman and Mr Radcliffe would be unable to attend as they were off the Island but the other Members and Clerk would attend.  RPC’s views that they were opposed to any access on Mount Gawne Road were to be re-iterated. Mr Gunn as Vice-Chairman was to be spokesman.

An email had been received from Port St Mary Commissioners with three names of people who had been proposed as an independent member of the Allotments Committee – Chris Burton, Frank Harrison and  Graham Newsome.  It was agreed that Frank Harrison should be nominated by RPC.

Rushen’s Representative on the Committee was agreed as David Radcliffe.

t)  Southern Healthcare Committee.Mr Tinkler said that there was nothing to report.

u)  Marashen CrescentMr Vernon had nothing to report.

v)  Rushen AmbulanceMr Vernon said that the AGM had not been held yet.

w)  MNH

Mobile phone coverage - The Department of Home Affairs had a Planning Application in for a mast to provide coverage on part of Meayll Peninsula. (to be considered later in the Meeting).

Lighthouse on the Calf. Nothing further.

x)  National Heritage Area.

The Clerk had contacted the Minister for DAFF to see if any progress was being made on bringing this forward.  He said that any progress in the near future was unlikely.

y)  Car Park, The Howe.Mr Cain reported that he had picked up some litter from the car park.

z)  Risk Assessment.The Clerk had tried to contact Mr Hornsby but had been unsuccessful.  She would try again and it was suggested that he come to the next meeting.

zz)  The Craggs, The Howe. There was now a skip there, presumably to tidy up the garden.

aa)  Land in front of Hillcrest, CregneashThe Chairman had not spoken with Mr Qualtrough.

ab)  Golden Jubilee Trust

As Mr Radcliffe was not at the Meeting there was nothing to report.

ac)  Surby Road.

Smell of gas by Moorescroft.  The owner, Mrs Felton, had been contacting the Clerk regarding the smell of gas and she had gone there again as Mrs Felton had called the gas men out who had said it was not her tank at fault.  The Clerk had called out Environmental Health (as had the gas men) and they came that afternoon.  They said it was definitely gas and informed the gas men accordingly.

Mrs Felton had since told the Clerk that they had the gas men out again and pointed out a possible defect on a pipe into the ground.  They have put a new bit in and seemed to have cured the problem.

ad)  Regeneration of Towns and Villages. Nothing further at present.

ae)  Dilapidated Buildings

Nothing further at present but Mr Vernon would be attending any meetings held regarding this.

af)  Housing Conference 6^th March 8 45 – 5.

Mr Vernon and the Clerk attended.  This was mainly about ‘Supported Housing’.  Those speaking were Deborah Reeve the Director of Housing, Tony Lever, Assistant Director of Social Services, two learning disabilities service users (who gave talks about how they had become tenants and lived independently but with support), Fiona Robinson, Homelessness Projects Development Officer.   Andy Stoll, Head of Policy Gas Safe Register & Brian Arnold, Health and Safety both spoke – the CORGI registration was to finish at the end of March and a new registration would take immediate effect – GasSafe Register.

Ewan Hilton from Gofal Cymru  spoke on ‘Delivering Supported Housing – a UK perspective’.  There were two speakers giving information of various items to assist people to live longer in their own homes – mainly the elderly but also disabled.  There was a panel debate on warden services in supported housing.

ag)  DAFF Marine Nature Reserve Project.  Public Meeting 25^th Feb.

This was attended by  Messrs. P Gunn, P Vernon, D Cain and the Clerk.

There was nothing further on this but Mr Vernon indicated that he would be sending in his own views on the subject.

ah)  Proposed withdrawal of payphone at Surby Old Post Office

Reply from Manx Telecom: They said that the £96 revenue fell short of the amount required to provide payphone facilities and was a strong indicator that it was not well used by the public.  To put the figure into perspective the average cost of maintaining a payphone in 2008 equated to £720.  This figure included:

MEA charges for payphone power and kiosk lighting;

Maintenance, including faults with payphone mechanism., handset and kiosk repairs;

Annual support contract payment to our supplier for the Payphone Management System;

Cleaning contract;

Cash collection and processing

Painting (typically amortised over a seven year period).

The decision to withdraw the payphone at Surby was not taken lightly and other factors were taken into consideration before advising the Commissioners of our intentions. They looked at mobile coverage and the location of other payphones.

They currently operated a network of 130 payphones across the Island at a loss….. their responsibilities were set out in the Guidelines which included coverage and distance between phones.  They had an obligation to all their customers to limit loss making payphones that needed cross-subsidies from other product areas.

Section 4.6 of the Guidelines makes allowances for the Local Authority in the area to contribute to the costs if they wish the service to continue.  They would reconsider their withdrawal if RPC would be willing to make up the shortfall between call revenues and their costs on an ongoing annual basis.  Based on last year’s revenue the cost to RPC would amount to £624 with this amount reviewed annually.

Members were disappointed at this reply but felt that they could not spend Ratepayers money on subsidising a private company.  The Clerk to write to that effect.

ai)  Post Box at The Level

The Clerk had written to the Post Office on 1^st March but had not received a reply.                She was to write again.

aj)  Attendance Allowance

Mr Tinkler indicated that he would claim attendance allowance for the year – 12 meetings at £25, which would be £300.  No other Members indicated that they would claim any allowance.

6.  CORRESPONDENCE

a)  1^st Supplemental List 2009. The two new houses at The Level  and the four apartments on Shore Road have been valued.

b)  Consultation of Proposed Amendments to the Building Control Act 1991.

This was set out in three chapters –

1.  Vision for Building Control; what is building control and what we should do and not do

2.  Modern Regulations, control and Compliance; sustainability, Energy Conservation CO2 emissions and standards.

3.  Modernising Inspection and Enforcement; Risk based inspection, Competent Persons Schemes and time limits on legal proceedings.

They would like views by 30^th April.

They did not send enough documents for everyone but it could be viewed at www.gov.im/dlge or they could send an electronic copy.

This was to be kept on the Agenda for the next Meeting.

c)  Consultation – A Strategy for the Future Health Service in the IOM.

The document detailed the vision for the future of Health Services of the Island.  Electronic copies of the document could be accessed at hhtp:www.gov.im/consultations.gov then click current consultation.  Views by 31^st May or email publichealth@gov.im.

It was agreed that individual responses could be sent by Members.

d)  Consultation – Proposed changes to family income supplement and income support for lone parents.

Two copies  had been received . Any comments to be in by 9^th April.  Mr Tinkler and Mr Gunn would look at this and respond if necessary.

e)  Consultation -Human Rights (Amendment)  Bill.

This has been emailed to Members on 3^rd March.

The purpose of the Bill was to amend the Human Rights Act 2001 in two ways: a) amend the act to take account of a derogation from the European convention on Human Rights that has been withdrawn since the 2001 Act was enacted, and to correct deficiency in the Act so that any such changes to it can, in future, be made by Order; and b) provide the Council of Ministers with a contingency power (“a remedial order”) to amend legislation (with Tynwald approval) in urgent cases where it has been found to be in breach of the European Convention..    Any comments by 17^th April.

Mr Gunn was to look at this and let the Clerk know if any response should be made.

f)  Young Persons Working Group.

From Office of Council of Ministers.   A Young Persons Working Group chaired by Hon AV Craine MHK had been established.  In order that the Working Group had a clear understanding of the current leisure facilities available to young people on the Island they would like a breakdown of informal social leisure place in our area which were available to those within the age group 14-23 and the hours of the day during which they were accessible.  Informal social leisure facilities fall into the following examples but if your authority has other informal facilities where young people meet please include them.

Cafes/coffee shops, drop in centres for young people, outdoor youth shelters, skate parks, BMX/mountain bike tracks, outdoor hard court play area, kick about areas for informal use such as playing fields, recreation grounds with equipment suitable for 14+ years.

As most of these were what was hoped for at Ballakilley the Clerk was to write to them with that information and asking for their support in trying to get the Ballakilley land zoned for these purposes.

Mention was made regarding the Elizabeth Clucas Trust, which was a charitable trust, and where the money was being donated.  Mr Gunn was to go to the Registry and look at the accounts of the Trust and would report back to the next Meeting.

g)  Southern Transitional Island.

Letter from Chris Burton who had given the presentation to RPC regarding Peak Oil.

One of their projects was to distribute and collate a survey to establish the requirements of Allotments within the South of the Island.  They confirm that they posted 1,000 leaflets within Port St Mary, Port Erin, Castletown, Ballasalla and Ballabeg.  There were a number of replies positively requesting an Allotment, both verbal and in writing.

They are aware that a number of Commissioners have already identified and are progressing schemes within their Village.  They can supply details of the replies they received.

Their next project was to try to reduce plastic bag use within the south.  They were going to try to persuade shop owners and managers to restrict plastic bags and try alternatives like paper and reuseable.

Also mentioned – the Bright Ideas Exhibition held on 6 & 7 March at the Villa.

This was noted.

h)  Local Authorities Events – Peel Commissioners.

Letter from them – they discussed at their meeting the 6 pence rate limit on the funding for events decreed by DoLGE..  Their costs had escalated in recent years due to the need to comply with health and safety requirement and planning issues to comply with police.

They were to raise it with the Minister of DoLGE with a view to increasing the 6 pence rate limit.  They would like to know RPC’s views.

Members felt that the 6 pence rate was sufficient for Rushen but that it may not be for larger Authorities.

i)  Douglas Corporation – drinks in the Mayors Parlour.

Invitation to join the Mayor for drinks in the Town Hall, Douglas at 7pm on Friday 27^th March.  The Mayor is Mrs Dot Pitts and her Consort is Councillor Stephen Pitts.  Guests should assemble in the foyer just prior to the commencement time.  Dress – lounge suit.

Mr Tinkler indicated that he would attend and the clerk would reply for him.

j)  DTL – Island in Bloom.

Letter inviting  participation – closing date 1^st June.

k)  Road Transport Licensing Committee.

Applications, decisions and notices.                               Noted.

l)  Easter Athletics Festival 10-12 April.

Letter from D Ronan giving information.  The Great South Run course attracts over 300 competitors.  The start would be 7pm on Port Erin Prom.  He enclosed a flyer and would welcome any feedback.

m)  Patrick Commissioners Civic Service.

Invitation to attend Sunday 26^th April, 3pm at St Paul’s Church, Kionslieu Hill, Foxdale.

The Chairman indicated that he would attend.

Chain of Office – the Clerk asked if Members should think about having the names of the Chairman put on the ribbon.  The Chain was presented in 1994 for the Centenary.  It was agreed that this should be investigated and the Chairman was to look into prices.

The Chairman also thought it may be a good idea to have a board with all the names of past Chairmen on it and have it put in Ballafesson Hall.  Although agreeing with the principle Members were not certain that such a board could be put up in the Hall as it could be seen as political.  The Chairman was to look into this.

7.  PLANNING APPLICATIONS

a)  09/0267.  Radio Site, Cronk ny Arrey, Cregneash. Dept. of Home Affairs. Development of existing radio site by proposed installation of a 15m high monopole to accommodate 2 antennas for Manx Telecom and 2 antennas for Cable and Wireless.  Additionally the installation of a 0.6m dish on NE face of the equipment building.  Equipment cabinets to be located within the existing building.

Mr Cain informed the meeting that he was the tenant of the land and did not take part in the decision.

No objections.

b)  09/0262.  Bridge House, Surby Road. Mr A Crowther. Alterations and extensions to previously proposed application (08/0316).

No objections.

c)  09/0226.  Cronk Beg, Ballagawne Road. Mr & Mrs Hulbert. Demolition of existing outbuilding and building of single storey kitchen extension to rear of property.  Creation of door in existing window opening to garage.

No objections.

d)  09/0293.  Ballaman, Balnahowe. Cheeseden Investments Ltd. Alterations to external facades of existing cottages and outbuildings including the construction of 2 entrance porches, introduction of stone cladding, painting of existing render, introduction of render bands, new pitched slate roof to garages, removal of roof and wall metal cladding to agricultural building and replacement with render wall finish and slate roof covering.

No objections.

e)  09/0298.  Ballavayre Farm, Ballakilpheric. Hintock Ltd.  Conversion of outbuilding to domestic garage and removal of two redundant outbuildings.

No objections.

f)  09/0399.  Part of field 2368.  Croit-e-Caley. Hartford Homes Ltd.  Amendments to existing approved site entrance to allow better visibility by forming a safer access as discussed with officers of DoT.

No objections but it was noted that there may be a private dispute with the joint owners of the wall which would have to be taken down.

g)  09/0314.  Homefield, The Level. Ravenhill Resources. Erection of small dwarf boundary wall, removal of existing shop bay window and installation of French doors to side elevation and new render to rear annexe and gables.

Some of this was retrospective.

The plans still showed the windows at the front to be top-hung and objection was to be made to this but none to the remainder of the application.

h)  09/0399.  Robin Hill Farm, Cronk-e-Dhooney. Mr & Mrs MacQuillan. Improvements to existing property, 2 storey extension to east elevation.

No objections.

8.  PLANNING APPROVALS

a)  09/004.  Chapel Cottage, Croit-e-Caley. Mr & Mrs Jones. Installation of replacement windows.

Decision – Acting Senior Planning Officer.   Issued 23^rd February 2009.

b)  ­09/035.  Ballavayre Farm, Ballakilpheric Road. Hintock Ltd. Construction of front porch and installation of replacement windows.

2.  This permission relates to the removal of the existing render, re-pointing of the stonework beneath, the addition of a stone porch and replacement of the existing windows with plastic-framed sliding sashes all as shown and described in plan ref. 08/119/01/

Decision – Planning Committee.                 Issued – 2^nd March 2009.

c)  09/086.  Hillcrest, Ballakilpheric Road. Miss S Bentley. Erection of a porch.

Decision – Acting Senior Planning Officer.    Issued 6^th March 2009.

9.  PLANNING REFUSALS   none.

10. PLANNING APPEALS

a)  08/0908.  Land at Bradda View, Ballakillowey. Hartford Homes Ltd. Residential Estate of five dwellings with access road, drainage and landscaping.  Appeal to be held on 24^th March.

The Chairman had contacted Mr & Mrs Faragher of Ballakeyll, the property which would be most affected by the proposed dwelling on plot 5.  He had visited them with the plans and had now concluded that the proposed dwelling would be un-neighbourly and overbearing and that the original plan had not fully highlighted the precise dimensions of the development and the impact of this on the significant slope of the ground which falls away.  The first floor level of the proposed dwelling would come above the upper bedroom window of 7 Ballakeyll and the rear wall would be no more than 30/40 ft away from the boundary of no. 7.

It was agreed that RPC would support Mr & Mrs Faragher and, as the Chairman would be off the Island on 24^th, Mr Gunn would attend the Appeal.  He would contact the Faraghers and go and see the property for himself before he attended the Hearing.

b)  08/2015. Homefield, The Level. Raven Hill Resources Ltd. Demolition of existing dwelling and erection of two semi detached dwellings with associated parking.The Appeal Hearing to be held on 22^nd April.

11.  COMPLETION CERTIFICATES   12.  OTHER PLANNING MATTERS none

13.  ANY OTHER BUSINESS

a)  30 Christeens Way, Ballakillowey Estate.

The Clerk had received a phone call from Mrs Porter 30 Christeen’s Way, Ballakillowey Estate, who was upset because their address and post code had been changed without them knowing..  They had now been told they were in Odins Way.  This would have a big impact on many things as post codes are used as a reference in lots of business transactions.  The Clerk contacted the MEA who had, for 3 or 4 years been compiling a data base for general use and they had to abide by the British Standard when compiling it.  The properties 30 and 31 Christeens Way were not shown on the aerial photographs and maps as in Christeens Way – a cul de sac – but on the road into the estate which they had down as Odin’s Way (but the sign for Odin’s Way was further down the road near to the area known as Odin’s Way.  The Porters and Mr Wilkins in 31 both wanted to keep their address as Christeen’s Way and RPC had offered to put up a sign outside their houses to this effect.  They were shown on the Treasury Rates list – the largest data base – as being in Christeen’s Way and were also on the Electoral Roll.

It was agreed that a sign should be put up indicating that the properties were 30 and 31 Christeen’s Way.

There were various concerns regarding this matter which needed to be discussed and sorted out.

14.  DATE OF NEXT MEETING Wednesday 15^th April

The meeting closed at 9 55pm.

Mr D Radcliffe.

Apologies:  Mr P Vernon.

The Meeting started early as several residents of Mount Gawne Road had indicated that they wished to attend with regard to Port St Mary Commissioners’ proposed allotments on Mount Gawne Road.

Those residents attending were – June Collister, Mr & Mrs Teare, Maureen Rodgers, Anne and Jan Lumsden, Mr & Mrs G Woodward.

The Chairman had the agreement of the Board to bring forward  the Allotment part of                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        the Agenda to the beginning of the Meeting and he invited the residents to speak if they wished.

The Clerk had sent an email to Mrs Collister informing her that Rushen Commissioners had had a meeting with Port St Mary Commissioners and now had a representative on the Allotments Committee so that they would have input.  Port St Mary Commissioners had also been informed that RPC had insisted that the Mount Gawne Road entrance could only be used by the disabled and for emergency access and also for people arriving on foot.  Access must be via the outer gates of the Amenity Site entrance.

The Residents had various concerns regarding the Mount Gawne Road access including problems with parking by people using the allotments and movement of the extra traffic with the possibility of up to 76 extra vehicles associated with the allotments.  There was already quite a lot of through traffic using that road, some of them driving faster than they should in such conditions. The residents needed parking for their own cars and access to their driveways.  There were also large farm vehicles using that road. They had been told that the field was going to be ploughed shortly and it was not known if the allotments would subsequently go ahead with no hardstanding on the field (and therefore parking problems on the road) and no other access.

Residents thought that on summer evenings and weekends many of the allotment holders would be there with their vehicles.

The Clerk pointed out that she had attended a Police Meeting and a Traffic Meeting and both the Police and DoT had indicated that they opposed the access to the allotments being from Mount Gawne Road.

Some of the residents were concerned about the security of their properties as there would be a lot of strangers at the allotments and they felt more vulnerable than with their properties backing onto just a field as at present.  If there were 76 allotment holders how would anyone know who should be there?.

The Residents also felt that ‘change of use’ should apply as there was a significant departure in use from having one tenant to 70+ people using the field.

The Chairman said that maybe the Mount Gawne exit should be blocked off completely.

It was felt that the Amenity Site entrance would be the natural access for emergency vehicles and the Ambulance Station was closer to that access.  A fire engine would not fit in through the Mount Gawne Road gateway.

Mr Cain, who was Rushen’s representative on the Amenity Site Board, said that they had spoken about the access being via the outer gates but there had been concerns about security.  They would need two gates.  DoLGE were responsible for the remainder of the site including hard standing to the right of the outer gates, where there could be parking.

Port St Mary Commissioners were in negotiations with DoLGE to try to secure that area for access and parking.

June Collister said that they had tried four times to have a meeting with Port St Mary Commissioners but had been unsuccessful. They had replied that they ‘would meet with the residents’ but had not done so. The Chairman said that they needed to engage with Port St Mary Commissioners and they could do this by way of a Requisition Meeting.  All they would need would be to get twelve signatures and petition the Captain of the Parish to call a public meeting.  This would include Port St Mary Commissioners.

There was further general discussion and the residents then left the meeting.

The matter was discussed by the Board within the meeting. – 2 Matters Arising (t)

Mrs Elizabeth Leadbeater had attended to listen to discussions about her parents’ (Wing Commander and Mrs Felton) High Hedges dispute.  With the agreement of the Board the Chairman invited her to speak if she wished, which she did.  This part of the meeting is reported at 2 Matters Arising (j).

Mrs Leadbeater then left the meeting.

1.  MINUTES:  The Minutes of the Meeting held Wednesday 21st January 2009, having previously been circulated, were taken as read. There was one correction  at 2 (am) Christmas Tree – which should have read Mr Radcliffe  and Mr Vernon (not Mr Cain and Mr Vernon).  This was altered and then the Minutes were agreed a true record and duly signed.

2.  MATTERS ARISING

a)  Estimates 2009/10.

These were further considered.  It was agreed that there should be an allowance of £1,000 for the provision of a new computer;  there should be no provision for ‘attendance allowance’ as all Members agreed that they would not be claiming an allowance in 09/10 financial year.   The Clerk’s salary was to be increased by 5% to £10,000.  The Clerk had left the room whilst this was being discussed.  The Chairman said that he and the Members appreciated the amount of work done by the Clerk and the Contract would be reviewed the following year to take into account extra responsibilities such as dealing with the High Hedges cases.

It was agreed that the Rate for the forthcoming year should remain at 67p in £ plus the £5 per household charge and that they were all happy to run at a deficit as there were enough funds in the reserves to cover that.

The Clerk was to make a press release regarding the Rate being kept at 67p due to good housekeeping.

b)  Governor’s Visit to the Calf.

Reply received from Northern Lighthouses.  They confirmed that they would be pleased for His Excellency and the Commissioners to visit the lighthouse.  They had a retained lighthouse keeper, Mr Fox, who could show the official party around.

The Clerk had contacted MNH again as there had been no reply to her November letter to them.  She had been speaking to Mr Cregeen, the Acting Director, who had indicated that it may be too dangerous to take anyone around the old lighthouses. She had emailed him a letter requesting permission to take His Excellency around the old lighthouses and also to have the services of Mr D Robinson, who works for MNH to show the Official Party around the Calf and, once a reply had been received, Government House could be contacted regarding the itinerary.  There would be 12 spaces on the boat.

c)  Southern Area Plan.

Public Meeting re Ballakilley land – BKWP

The Clerk had emailed her Report on the Meeting and the results of the questionnaire to all Members of RPC and BKWP and to the Clerks of Port Erin and Port St Mary Commissioners.

It had been well attended, despite other meetings being held, and everyone who wished to speak had been able to do so.

It was agreed that RPC should put out a press release as the views of both Port Erin and Port St Mary Commissioners had been given coverage in the papers regarding this matter.

Mr Cain congratulated the organisers of the meeting.

Community Engagement Meeting – 4th March 12 – 7 30pm at Ballafesson Hall.

DoLGE had written again regarding this:-

This is an opportunity for the residents of Rushen to give their views on:

1.  What do you like in your area?

2.  What don’t you like about your area?

3.  What your hopes are for the future?

The Members (with the exception of Mr Radcliffe, who would be off-Island) and the Clerk would attend at various parts of the day.

d)  Review of the Planning System. Nothing further on this at present.

e)  DoLGE/Local Authority Issues Nothing further at present.

f)  Waste Management and Refuse Collection.

Jones Services -  increase for 2009/10.  RPI was 2.8% in January. RPC had previously  said they would increase it the same amount as Arbory Commissioners – they were making a 5% increase.  This matter was discussed and it was agreed that the increase should be 2.8% plus a further one-off amount to take the final amount to the equivalent of 5%.  Jones Services to supply RPC with an invoice for £517 which would be paid separately in the 09/10 year..

g)  Lighting

The new Victorian lantern had been put on the light by 18 Bradda View.

Email from MEA – lights at Ballakillowey roundabout and Ballagawne Road. (copied to Members)

MEA were proposing a scheme whereby  they were removing the overhead line from the roundabout and along Ballagawne Road adjacent to the Ballagawne Nursery.  They would put in a new light on the roundabout with an 8 metre column and 150w fitting.  They could also replace the 4 pole mounted lanterns with 5 new 6 metre columns in conjunction with the scheme if RPC made a contribution of £6,834 plus vat.

The alternative would be to leave the 5 existing pole mounted lanterns and the MEA would release responsibility of the poles to either Manx Telecom or RPC.

The Clerk pointed out that two of the bracket light fittings which they would take out were fairly new – it would seem a good idea to ask them to put these on other poles which have the very old-fashioned small lights – there was one over at the bottom of Ballakeyll and one down by Rushen School..

It was agreed to go ahead with this and suggest that some of the bracket lights could be used again.

h)  Various areas – grass cutting

Mower  - The Clerk said that there was a problem trying to get it out of the Playing Field as it did not fit through the small gate but had to be taken through the gate into the adjoining field and out that gate onto the road.  This was very muddy and there were horses in the field.  She said she and Mr Kelly would try to get it out somehow so that it could be collected by IOM Farmers for servicing.

i)  Carrick Bay View.

Judy Thornley was acting for RPC in this matter.  The procedure could not be dealt with by Deed of Gift it had to go through the whole conveyance process.  The Clerk said that it was all in hand.

j)  High Hedges

On 5th February the Clerk had posted by Recorded Delivery a set of Documents which was the next stage in dealing with the High Hedges complaint regarding Moorescroft, Surby Road.

Sent were – a letter following the guidelines given in the legislation together with a copy of Mr Vernon’s completed Complaint form (which he had already sent to Wing Commander and Mrs Felton), a Questionnaire to be completed by them and returned and also a copy of the document – ‘High Hedges/trees: making a complaint’.  All these documents were required to be sent to the owners of the hedge before the next stage which was the Remedial Letter.  She had given them until 16th February to reply so that RPC would have any correspondence from them before the Meeting.  A letter reply had been received from them.  They felt that there was not a problem with their hedge affecting the neighbour.  The MEA had told them that if there was a problem with the overhead wires they would have approached them directly.  They felt intimidated by Mr Vernon as he was one of the Commissioners and could be using his office to influence the outcome.

Mrs Leadbeater, daughter of the Feltons, had attended at the start of the meeting and was invited by the Chairman, with the agreement of the Members, to speak about the matter if she wished.  The matter was discussed fully.

The Clerk, as Case Officer, and the Members explained the situation.  That the responsibility for administering the High Hedges Act in Rushen had only recently been taken on by the Commissioners.

It was explained to her by the Clerk, as Case Officer, and the Members that the Act gives clear guidelines regarding measurements so that there can be no faulty perception or bias by those looking at and taking the case forward.  Historical matters were irrelevant and what was considered was the situation at the time of the complaint.

The Clerk explained that, as Case Officer, and because Mr Vernon was a Member of Rushen Commissioners and there could be a perception of bias, she had been very careful in dealing with the case.  An independent advisor had been employed to take the measurements and Mr Radcliffe, who had been elected in May 2008 and therefore the newest Member,  had accompanied her and the advisor when attending the site and taking measurements and other relevant information.  Mr Vernon had always declared an interest when this case was being discussed at the Board Meetings and had left the room.  He had no input in any decisions.

Mrs Leadbeater then left the meeting.

It was agreed that the Remedial Notice be sent, as planned,

k)  Traffic

There had been a complaint via Port Erin Commissioners regarding the junction of Castletown Road and Shore Road – a driver felt that the junction was too dark and should be lit up.  The wall at Ralph Cregeen’s house seemed to ’stick out’.  They were putting it on the Agenda for the Traffic Meeting.

Traffic Meeting – Wed. 28th January.  Attended by Mr Vernon and the Clerk.

Items dealt with included -

i)  Speeding at Rushen School - DoT had been promising to put in 20mph  zone with flashing speed lights.  These were supposed to be installed ‘during the school holidays’ last Easter/Summer.  Still not done and they had not even ordered them.  On pressing them regarding the urgency of this they promised they would be done within a couple of months.  They said that they needed to make Traffic Orders which would delay them starting for 2-3 months but the Clerk had said she thought that they had already done those – they would check.  This matter was now prioritised.

ii)  Junction at Ballafesson Corner - parking.  DoT did not know that the new entrance to Ballachurry yard development was now in.  They were to look at it.  PV and GK suggested that there be double yellow lines from the new entrance down to the junction.

iii)  Plantation Hill.  They had promised that the signs and road markings would be installed.  GK reminded them that they were not done yet. The signs ‘are on order’.  To make a footpath it would have to be in the field and be done with the owner’s consent.  It could be done with co-operation between the Local Authority and the landowners.  It could be made a Permissive Route with agreement between the parties and this would open the land for use but the landowner would retain control and could close it down.  It would not be a public right of way.  Anna Goldsmith from the DoT Public Rights of Way would be the best point of contact.

(there was nobody there from PSM Commissioners so could not discuss it with them).

iv)  The junction of Castletown Road and Shore Road.  Port Erin Commissioners suggested street lighting should be put there – ‘lots of people walk there from the Shore Hotel’.  This road forms the boundary between Rushen and Port St Mary.

DoT said that if lighting was to be considered there would need to be at least two. The Clerk had suggested one on the island in the middle of the road but this would be dangerous – ‘just something else to be hit by a vehicle.’

DoT were to look at the junction and put hatching and white lines on the road and install a new, more modern, bollard which would be highly reflective.  The situation would then be monitored.

v)  Allotments – Mount Gawne Road.  The Clerk brought this up on AOB.  (there was no representative from PSM there).  DoT indicated that they had received a planning application/detailed plans for this and they would not agree to the entrance being on Mount Gawne Road.   They had sent back the plans.  Their preferred entrance was through the Amenity Site entrance.

Mr Cain asked the Clerk to report that the vegetation on the hedge alongside the entrance to the car park at Cregneash needed cutting back to improve the visibility coming out of the car park.

l)  Police

The Clerk had attended the Police meeting on 22nd Jan. Crime figures were given – none in Rushen.

Letter from Inspector Musson – there had been a reduction in recorded crime of almost 10% compared to last year.  High levels of detection currently stood at almost 58%.   They would like RPC’s views on what most affects their area of responsibility, what major issues most affect the quality of life in our area so that the Police can again prioritise both Police and Partner Agency focus for the year ahead.  The 2009/2010 plan would then be produced for March and would, again, be distributed with the rates.

Members felt that the misuse of alcohol and drugs were the main problems, along with the lack of things for teenagers and young people to do if they were not sporty or musical.

The Police were to be asked to come to a meeting.

m)  Litter, beach cleans,  fly-tipping, dog fouling, etc

CRHS  were to carry out a beach clean on 14th March at Bay ny Carrickey.

Fly Tipping -  The Clerk had received a call that there had been some fly-tipping on Ballnahowe Road, near Ken Quine’s seat.  H K and she went up in the truck and removed two very wet mattresses and took them to the Amenity Site.

n)  Signs

Mrs Felton had agreed that the Honna Road sign could be put on her wall but remarked that cars park there, especially at night, so it might not been seen.

Mr Radcliffe said that he would look at the area at night to see where the best place would be to put it.

o)  Ballafesson Playing Field

Mr Cain reported that he had made enquiries regarding swings and was waiting for someone to get back to him with regard to this.

p)  Web Site

The Clerk had been in touch with Nick Thornley who had indicated he would be back on the Island in a few weeks and would contact her then with regard to her and Mr Vernon learning how to update the web site.

q)  Southern Civic Amenity Site

The Clerk had been informed that the Board had a meeting on 29th and were discussing the possibility of the entrance being used as access to the Allotment field.  There was nothing further on this.

r)  Southern Swimming Pool

A cheque had been received from the Swimming Pool Board for £347  39 being a refund from Castletown Commissioners regarding the estimated loan charges for 2007/08.

Mr Radcliffe said there was nothing new to report from the last meeting.

s)  Municipal Association

Mr Gunn was to attend the next meeting, the Agenda for which had been received.

t)  Allotments

RPC had a meeting with some of Port St Mary Commissioners on 30th Jan. The Clerk had emailed to all Members the report on the meeting which she had made and including a piece to be minuted.   Also copied to Members was Port St Mary’s Report.  Also copied was the questionnaire which PSM were giving to the prospective allotment holders regarding their intended mode of travel to the allotments and when they intended to be there.

As part of the agreement reached in that there could be people from Rushen as allotment holders and after discussing it with PSM’s Deputy Clerk, the Clerk had written to the seven people who had written to RPC to say they would be interested in having an allotment. She had informed them that if they were still interested, they should contact PSM immediately.  She then emailed to PSM’s Deputy Clerk their names who  subsequently indicated that one of them was already on their list.  As they had contacted RPC on October 2008 they would be put on the list as having applied for an allotment at that time.

Due to the discussion with some of the residents of Mount Gawne Road at the start of the Meeting it was agreed that their very valid concerns needed to be taken into account and that there would need to be a change in the agreement reached with Port St Mary Commissioners.  It was agreed that there should be no access through the gate in Mount Gawne Road because any access there would cause a problem.

It was felt that Port St Mary Commissioners were rushing into setting up these allotments and that it should be left for a year until the infrastructure was in place before the allotments were let.  In that way the residents’ issues could be addressed and there would be fewer problems.

The Clerk was to write to Port St Mary Commissioners to this effect and to let the Chairman approve the letter before it was sent.

u)  Southern Healthcare Committee

Minutes of their meeting held  30th October and AGM held 24th January had been received from the Secretary and RPC representative, Mr Tinkler.  These were noted and made available for the Members to read if they wished.

v)  Marashen Crescent

As Mr Vernon was not present there was nothing to report.

w)  Rushen Ambulance

As Mr Vernon was not present there was nothing to report.

x)  MNH

Mobile phone coverage – Meayll

There was nothing further to report.  The Clerk was to contact Cable and Wireless to ask if any progress was being made.

Lighthouse on Calf – possible demolition

The Chairman said that he had been speaking to a Northern Lighthouse Commissioner who had said that there was probably no problem.  The Clerk asked if it should now be taken off the Agenda but the Chairman indicated that it should be left on.

y)  Car Park, The Howe

z)  Risk Assessment

This had been left for the moment as there was so much other business being dealt with at the moment.  The Clerk was to contact Mr Hornsby and invite him to the next meeting.

aa)  The Craggs, The Howe

The scaffolding was now down and the property was looking better although not all work had been finished yet.

ab)  Land in front of Hillcrest, Cregneash.

Mr Cain has asked David Cooil to cut the vegetation on this, which he had done.

As Rushen Commissioners could not be involved in this matter unless they leased the land the Clerk was to write to John Qualtrough (for Mr Karran) so that the matter could be discussed fully at a site meeting.

Ac)  Golden Jubilee Trust

Mr Radcliffe reported that there had been a meeting the previous week.  There was going to be half-day Challenge Event and Local Authorities may be involved.

Ad)  Surby Road – water (also smell of gas)

Nothing from DoT. Regarding the water but the Clerk reported that it had stopped running.

Smell of gas – Mrs Felton phoned the Clerk saying that she had received complaints from neighbours about a smell of gas near her house (she has a bulk gas tank in her back garden).  She had the gas men there three times and they said there was nothing wrong with her tank.  She thought it could be coming from the house across the road.  The Clerk went to have a look and, as it seemed strongest in the middle of the road she thought it could be coming from the sewer.  She contacted the DoT Drainage Dept and asked for someone to come out to look at the sewer.  They had done that and reported back that there was nothing wrong with the sewer.

The Chairman said that there was still a smell of gas.

Ae)  Regeneration of Towns and Villages.

Email from Jonathon Crookall-Nixon.  He had been appointed the Project Manager for the scheme which, subject to Tynwald approval on 17th Feb. ‘will afford exciting opportunities throughout the Island for many of the town and village centres where tangible benefits can be derived from some form or means of strategic regeneration. ……………. The key to early success will be the formation of Local Regeneration Committees and identifying the Regeneration Areas.’

This was noted and was to be kept on the Agenda.

Af)  Building work at Ballachurry. Nothing further on this.

ag)  Dilapidated Buildings

Mr Juan Watterson MHK had sent a further email with information and this had been forwarded to all the Members.

Mr Vernon was to attend his next meeting regarding this.

ah)  Housing Conference 6th March.

The Agenda had been received and Mr Vernon and the Clerk were to attend the whole-day conference.

ai)  DAFF Marine Nature Reserve Project – Community Meetings The Clerk reminded everyone that there would be one at Mount Tabor on Wed. 25th February (the Port Erin one as it was on 29th Jan – same as BKWP Public Meeting and so Members could not attend).

Some of the Members and the Clerk indicated that they would attend.

aj)  Defamation issue – Onchan Commissioners

Mr Gunn had taken the letter to read.  This was regarding a possible defamation issue raised by Onchan Commissioners who had shared the legal advice regarding this matter with other Local Authorities for their information.

ak)  Beating the Bounds. Nothing further on this at present but to be kept on the Agenda

al)  Post Box at The Level

The Clerk reported that builders had built up the wall at the site but there was room for the post box to be returned.  The Clerk had spoken to one of the men in charge and they indicated that there would be no problem with it being put back there.  The Post Office would have to do this.

The Clerk to write to the Post Office to ask when it would be re-instated.

am)  Arbour Week

The Clerk to get a price for a tree to be put on Croit-e-Caley Green.

An)  Christmas Tree 2009. This was in hand.

6.  CORRESPONDENCE

a)  Public Sector Rent and Allowances for 2009/10.

Letter from DoLGE’s Housing Policy Manager.  Rent increases and allowances for year 09/10 had been confirmed by the Council of Ministers as follows:

1.  Rent point value to be increased by 5% to 96.33

2.  Maintenance Allowance to remain at 33.3% of rents collectable

3.  The administration allowance in 09/10 should remain as agreed by Council in                             2006 as 7.5% but subject to the Authority delivering on common performance                              standards to demonstrate effective management and service delivery

4.  The Community Reserve retention for sheltered housing should remain at 10%               in the interim subject to the outcome of the current review.

These were noted.

b)  Withdrawal of payphone – Surby Old Post Office.

Letter from Manx Telecom.  They were planning to withdraw the payphone located at Surby Old Post Office:- ‘We understand that withdrawing any public payphone may cause concern to some local residents, but would stress that we have only taken the decision after a thorough review, and that the withdrawal of any payphone is looked at on a case by case basis.  Such decisions are never easy but, in this instance, we have taken a number of factors into account, all of which lead us to believe that withdrawing this payphone is the appropriate thing to do.

The key points are:

This particular payphone took just £96 in the previous 12 months, which is a powerful indication that it is not heavily used by local residents.

There are alternative payphones provided as several convenient locations within Port Erin.

Maintaining this payphone, including the cost of power, cleaning, and service visit, currently far outweighs any revenue it generates.

Mobile coverage in the area is good and we feel that this – combined with almost universal ownership of landlines – means removing the payphone will not deprive local residents of a good telephone service.

Manx Telecom has a public service obligation to maintain a network of public telephones across the Island.  This network makes a loss, but we are committed to provide the service.  However, we do have to look at he payphone service in a broad context which, at times, means withdrawing some payphones in order to maintain a balance between availability, and limiting the losses incurred by the network.  Its only fair to all our customers that we strike an appropriate balance and keep the level of any subsidy within reason.

With these factors in mind, it is our intention to remove this payphone following 60 days public notification in the kiosk.  This withdrawal is compliant with the guidelines agreed with the communications Commission, which I have enclosed for your information.

I would appreciate it if you would be kind enough to inform Rushen Commissioners of our intentions and feed back any comments they may have.’

Members felt that the income of £96 over the past 12 months was reasonable and indicated that it was quite well used.  They felt that it should be left and they considered it an amenity for residents and walkers.  The Clerk to reply to this effect.

c)  Marown Parish Commissioners – Outdoor recreation facilities.

Letter from Marown Commissioners – They were in the process of adopting some land in Glen Vine and one of the suggestions regarding what to do with the area is to drain it and provide either a “kick-about” area or some play equipment.  There are recreational facilities in the Parish already, in Crosby, but these are not the responsibility of the Commissioners.  They realise that the ‘centre’ of the Parish has now shifted to glen Vine and this has a larger and generally younger population.

As they have no direct experience of providing this type of facility that are contacting other Local Authorities to get some helpful information.

They would like to know if we provide such facilities; whether the land was gifted, purchased or remains in ownership of third party; was any play equipment gifted to the LA, purchased by them or remains the property of a third party; who maintains and supervises the play area – own staff, volunteers, staff employed by another organisation.

This was noted.

d)  Castletown Metropolitan Silver Band – Subscription Concert.

They were to hold this on Saturday 28th Feb. at 7 30pm at CRHS.  Invitation to attend.

Members would attend if able.

e)  Britain In Bloom Neighbourhood Awards.

Letter from Dept. Tourism. Information regarding this could be found at www.rhs.org.uk/britain in bloom/GettingStarted/neighbourhood awards.html.  Or email Rachele Quayle at rachele.quayle@gov.im.                     This was noted.

f)  Dog fouling – letter from Mr K McArd.

Mr McArd  complained about dog mess outside his gateway on Bradda Road.  He  asked if RPC had a dog warden and what could be done against these dog owners.

The Clerk to write back stating that she dealt with putting up notices, etc regarding dog mess and also that there was a new dog bin being put on Honna Road, near the phone box.

g)  Making a Manx Home for Wildlife Leaflets received and noted.

h)  Newsletter of the Chronically Sick and Disabled Persons Committee.

Received and noted.

i)  Road Closures – re weather The Clerk said that this was the first time she had been sent such notices.

j)  Road Transport Licensing Committee.

Applications, decisions and notices.     Noted.

k)  Civic Service – Onchan Commissioners. Notice that theirs would be on 24th May.

l)  Accident Prevention Seminar

9am – 4 30 24th March at Keyll Darree education and Training Centre.  Open to public, Government employees and voluntary organisations.  Places need to be booked.  No charge.  Nobody from RPC indicated a wish to attend.

7.  PLANNING APPLICATIONS

a)  09/086.  Hillcrest, Ballakilpheric. Miss Suzanne Bentley.  Erection of porch.

No objections.

b)  09/0149.  Rhuvaal, Garth Avenue, Surby. Mr Summers. Widen existing driveway entrance and increase hardstanding for off road parking – all block paved.

No objections.

c)  09/0159.  Ballamoar, Shore Road. Mrs D Moule.  Replacement windows and door to front elevation.

No objections.

d)  09/0195.  Homefield, The Level. Ravenhill Resources Ltd.  Application to replace existing timber sliding sash windows with upvc double glazed windows (Rehau Heritage Window System) to the front and top hung upvc to the rear.  Remove existing shop window and reinstate original window opening to be fitted with Rehau Heritage window system.                                                                                                                                        The Clerk had looked at the plans and noted that the windows shown at the front were proposed to be top-hung window, not as indicated on the application form.  She had spoken to Sarah Corlett of Planning to point this out.

Members felt that the replacement windows must be sliding sash and, preferably a 12 pane design to be similar to the originals.

8.  PLANNING APPROVALS

a)  08/2296.   3 The Chase, Ballakillowey. Mr & Mrs D Reeday.  Installation of an additional dormer to north east elevation.

Decision – Acting Senior Planning Officer.      Issued – 29th January 2009.

b)  08/1840.  Fairfield, Ballafesson. Mr J Driver.  Erection of a timber cabin to replace existing shed.       Conditions include – 3. The approval is granted on the basis that the water discharged from the roof of the new structure will be collected in water butts as indicated by the applicant in his letter of 14th January 2009.   Decision – Acting Senior Planning Officer.   Issued -  29th January 2009.

c)  08/2272.  Sound Farm, Sound Road, Cregneash. Mr W Callister.  Erection of a replacement lean-to barn.   Conditions include – 3.  The cladding on the new extension must match the colour of the material on the existing clad barns within the farm complex.

Decision – Acting Senior Planning Officer.          Issued – 4th February 2009.

9.  PLANNING REFUSALS

a)  08/2246.  Field 410891, Surby Road, Surby. Mr N Saunders.  Approval in Principle for the erection of four dwellings.

Reasons for Refusal:- 1.  The site is not in a location where the services and amenities of a larger settlement – public transport, shops, employment etc are available and th increase of three dwellings above the number recommended in the Local Plan is considered inappropriate and would represent unsustainable development, contrary to the spirit of the Strategic Plan.  2.  The Site is not considered of a size satisfactorily to accommodate four dwellings without either appearing inappropriately cramped for the prevailing existing development in the immediate vicinity and/or being uncomfortably close to existing properties and adversely affecting the amenities of those living therein.

Decision – Planning Committee.    Issued 2nd February 2009.

10. PLANNING APPEALS

a)  08/0908.  Land at Bradda View, Ballaillowey. Hartford Homes Ltd.  Residential Estate of five dwellings with access road, drainage and landscaping.

The Appeal Hearing would be held 9 30am 24th March.

RPC had not opposed this application. However, a letter from Mr & Mrs Faragher, Ballakell had been received and it was they who had requested the appeal on the grounds that the large house on plot 5 – right behind their house – would be overbearing.  They  requested that someone from RPC come and have a look.  They had already had Phil Gawne there and he had given them a letter of support.

It was agreed that the Chairman would go to see the Faraghers and the matter could then possibly be reconsidered.  The Chairman would phone them very soon to make arrangements to visit them.

11.  COMPLETION CERTIFICATES     none

12.  OTHER PLANNING MATTERS

a)  Homefield, The Level. (the old shop)

The new owners had taken out the shop window and the other windows.  Copy of letter from Planning Enforcement Officer to MP Associates:-

‘Refurbishment work to property and rebuilding of boundary wall, Homefield, The Level, Colby.

Further to my site visit and my conversation with your office yesterday I confirm that Class 21 of the Town and Country Planning Act (Permitted Development) Order 2005 allows for the installation of replacement windows and doors but not in a property which was substantially constructed before 1921.  As Homefield was built in the 1800’s planning approval is required for the replacement windows, the removal of the bay window structure and the bricking up of the opening to form a window.

I can confirm that Part 2, Development Control at 6, Meaning of development of the Town and Country Planning Act 1999 that the carrying our for the maintenance , improvement or other alteration of any building of works which affect only the interior of the building, or do not materially affect the external appearance of the building, and are not works for the alteration of a building by providing additional space in it underground do not require planning approval.  If it is intended to alter the external finish to the walls that too will require planning approval.

The application being retrospective should be received before 5th March 2009 and all further work on the windows and external appearance of the property should cease pending the outcome of the application.  I would also suggest that before deciding on what windows to install or having the windows made that you seek advice from the planner for the area Miss S Corlett 685906.       S.Olsen.’

This was noted.

b)  Ballarock, Ballakillowey Road. Erection of a garage field 410268. Mr A Costain.

Received – copy of letter from Planning Enforcement Officer to Mr A Costain, owner of Ballarock:

‘Further to our exchange of emails on 8th December 2008. Firstly, I do apologise for the delay there has been in writing to you which was beyond my control.  However, I can now advise that the Directorate has sought advice regarding the location of the garage and the extent of the curtilage of the dwelling at Ballarock.

It is usually as matter of fact and degree in these cases and although not every part of every garden can be said to be within the curtilage it has been determined that on balance that the site of the garage is within the cartilage in this particular case.

In my views therefore the garage will fall within Class 19 of the Town and Country Planning (Permitted Development) Act 2005.

However, I confirm that any proposed driveway to the garage and any turning area in front of the garage will not form part of the Permitted Development and will therefore require planning approval.’  S Olsen, Planning Enforcement Officer.

This was noted.

13.  ANY OTHER BUSINESS

a)  Attendance Allowance.

The Clerk reminded Members that anyone wishing to claim this should do so before the Year End.  Mr Tinkler indicated he may make a claim.

14.  DATE OF NEXT MEETING     18th March 2009.

Meeting held , 7pm Wednesday 18th February 2009, Ballafesson Hall.

MINUTES

Present:  Mr A Tinkler (Chairman), Mr P Gunn (Vice-Chairman), Mr D Cain,

Mr D Radcliffe.

Apologies:  Mr P Vernon.

The Meeting started early as several residents of Mount Gawne Road had indicated that they wished to attend with regard to Port St Mary Commissioners’ proposed allotments on Mount Gawne Road.

Those residents attending were – June Collister, Mr & Mrs Teare, Maureen Rodgers, Anne and Jan Lumsden, Mr & Mrs G Woodward.

The Chairman had the agreement of the Board to bring forward  the Allotment part of                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        the Agenda to the beginning of the Meeting and he invited the residents to speak if they wished.

The Clerk had sent an email to Mrs Collister informing her that Rushen Commissioners had had a meeting with Port St Mary Commissioners and now had a representative on the Allotments Committee so that they would have input.  Port St Mary Commissioners had also been informed that RPC had insisted that the Mount Gawne Road entrance could only be used by the disabled and for emergency access and also for people arriving on foot.  Access must be via the outer gates of the Amenity Site entrance.

The Residents had various concerns regarding the Mount Gawne Road access including problems with parking by people using the allotments and movement of the extra traffic with the possibility of up to 76 extra vehicles associated with the allotments.  There was already quite a lot of through traffic using that road, some of them driving faster than they should in such conditions. The residents needed parking for their own cars and access to their driveways.  There were also large farm vehicles using that road. They had been told that the field was going to be ploughed shortly and it was not known if the allotments would subsequently go ahead with no hardstanding on the field (and therefore parking problems on the road) and no other access.

Residents thought that on summer evenings and weekends many of the allotment holders would be there with their vehicles.

The Clerk pointed out that she had attended a Police Meeting and a Traffic Meeting and both the Police and DoT had indicated that they opposed the access to the allotments being from Mount Gawne Road.

Some of the residents were concerned about the security of their properties as there would be a lot of strangers at the allotments and they felt more vulnerable than with their properties backing onto just a field as at present.  If there were 76 allotment holders how would anyone know who should be there?.

The Residents also felt that ‘change of use’ should apply as there was a significant departure in use from having one tenant to 70+ people using the field.

The Chairman said that maybe the Mount Gawne exit should be blocked off completely.

It was felt that the Amenity Site entrance would be the natural access for emergency vehicles and the Ambulance Station was closer to that access.  A fire engine would not fit in through the Mount Gawne Road gateway.

Mr Cain, who was Rushen’s representative on the Amenity Site Board, said that they had spoken about the access being via the outer gates but there had been concerns about security.  They would need two gates.  DoLGE were responsible for the remainder of the site including hard standing to the right of the outer gates, where there could be parking.

Port St Mary Commissioners were in negotiations with DoLGE to try to secure that area for access and parking.

June Collister said that they had tried four times to have a meeting with Port St Mary Commissioners but had been unsuccessful. They had replied that they ‘would meet with the residents’ but had not done so. The Chairman said that they needed to engage with Port St Mary Commissioners and they could do this by way of a Requisition Meeting.  All they would need would be to get twelve signatures and petition the Captain of the Parish to call a public meeting.  This would include Port St Mary Commissioners.

There was further general discussion and the residents then left the meeting.

The matter was discussed by the Board within the meeting. – 2 Matters Arising (t)

Mrs Elizabeth Leadbeater had attended to listen to discussions about her parents’ (Wing Commander and Mrs Felton) High Hedges dispute.  With the agreement of the Board the Chairman invited her to speak if she wished, which she did.  This part of the meeting is reported at 2 Matters Arising (j).

Mrs Leadbeater then left the meeting.

1.  MINUTES:  The Minutes of the Meeting held Wednesday 21st January 2009, having previously been circulated, were taken as read. There was one correction  at 2 (am) Christmas Tree – which should have read Mr Radcliffe  and Mr Vernon (not Mr Cain and Mr Vernon).  This was altered and then the Minutes were agreed a true record and duly signed.

2.  MATTERS ARISING

a)  Estimates 2009/10.

These were further considered.  It was agreed that there should be an allowance of £1,000 for the provision of a new computer;  there should be no provision for ‘attendance allowance’ as all Members agreed that they would not be claiming an allowance in 09/10 financial year.   The Clerk’s salary was to be increased by 5% to £10,000.  The Clerk had left the room whilst this was being discussed.  The Chairman said that he and the Members appreciated the amount of work done by the Clerk and the Contract would be reviewed the following year to take into account extra responsibilities such as dealing with the High Hedges cases.

It was agreed that the Rate for the forthcoming year should remain at 67p in £ plus the £5 per household charge and that they were all happy to run at a deficit as there were enough funds in the reserves to cover that.

The Clerk was to make a press release regarding the Rate being kept at 67p due to good housekeeping.

b)  Governor’s Visit to the Calf.

Reply received from Northern Lighthouses.  They confirmed that they would be pleased for His Excellency and the Commissioners to visit the lighthouse.  They had a retained lighthouse keeper, Mr Fox, who could show the official party around.

The Clerk had contacted MNH again as there had been no reply to her November letter to them.  She had been speaking to Mr Cregeen, the Acting Director, who had indicated that it may be too dangerous to take anyone around the old lighthouses. She had emailed him a letter requesting permission to take His Excellency around the old lighthouses and also to have the services of Mr D Robinson, who works for MNH to show the Official Party around the Calf and, once a reply had been received, Government House could be contacted regarding the itinerary.  There would be 12 spaces on the boat.

c)  Southern Area Plan.

Public Meeting re Ballakilley land – BKWP

The Clerk had emailed her Report on the Meeting and the results of the questionnaire to all Members of RPC and BKWP and to the Clerks of Port Erin and Port St Mary Commissioners.

It had been well attended, despite other meetings being held, and everyone who wished to speak had been able to do so.

It was agreed that RPC should put out a press release as the views of both Port Erin and Port St Mary Commissioners had been given coverage in the papers regarding this matter.

Mr Cain congratulated the organisers of the meeting.

Community Engagement Meeting – 4th March 12 – 7 30pm at Ballafesson Hall.

DoLGE had written again regarding this:-

This is an opportunity for the residents of Rushen to give their views on:

1.  What do you like in your area?

2.  What don’t you like about your area?

3.  What your hopes are for the future?

The Members (with the exception of Mr Radcliffe, who would be off-Island) and the Clerk would attend at various parts of the day.

d)  Review of the Planning System. Nothing further on this at present.

e)  DoLGE/Local Authority Issues Nothing further at present.

f)  Waste Management and Refuse Collection.

Jones Services -  increase for 2009/10.  RPI was 2.8% in January. RPC had previously  said they would increase it the same amount as Arbory Commissioners – they were making a 5% increase.  This matter was discussed and it was agreed that the increase should be 2.8% plus a further one-off amount to take the final amount to the equivalent of 5%.  Jones Services to supply RPC with an invoice for £517 which would be paid separately in the 09/10 year..

g)  Lighting

The new Victorian lantern had been put on the light by 18 Bradda View.

Email from MEA – lights at Ballakillowey roundabout and Ballagawne Road. (copied to Members)

MEA were proposing a scheme whereby  they were removing the overhead line from the roundabout and along Ballagawne Road adjacent to the Ballagawne Nursery.  They would put in a new light on the roundabout with an 8 metre column and 150w fitting.  They could also replace the 4 pole mounted lanterns with 5 new 6 metre columns in conjunction with the scheme if RPC made a contribution of £6,834 plus vat.

The alternative would be to leave the 5 existing pole mounted lanterns and the MEA would release responsibility of the poles to either Manx Telecom or RPC.

The Clerk pointed out that two of the bracket light fittings which they would take out were fairly new – it would seem a good idea to ask them to put these on other poles which have the very old-fashioned small lights – there was one over at the bottom of Ballakeyll and one down by Rushen School..

It was agreed to go ahead with this and suggest that some of the bracket lights could be used again.

h)  Various areas – grass cutting

Mower  - The Clerk said that there was a problem trying to get it out of the Playing Field as it did not fit through the small gate but had to be taken through the gate into the adjoining field and out that gate onto the road.  This was very muddy and there were horses in the field.  She said she and Mr Kelly would try to get it out somehow so that it could be collected by IOM Farmers for servicing.

i)  Carrick Bay View.

Judy Thornley was acting for RPC in this matter.  The procedure could not be dealt with by Deed of Gift it had to go through the whole conveyance process.  The Clerk said that it was all in hand.

j)  High Hedges

On 5th February the Clerk had posted by Recorded Delivery a set of Documents which was the next stage in dealing with the High Hedges complaint regarding Moorescroft, Surby Road.

Sent were – a letter following the guidelines given in the legislation together with a copy of Mr Vernon’s completed Complaint form (which he had already sent to Wing Commander and Mrs Felton), a Questionnaire to be completed by them and returned and also a copy of the document – ‘High Hedges/trees: making a complaint’.  All these documents were required to be sent to the owners of the hedge before the next stage which was the Remedial Letter.  She had given them until 16th February to reply so that RPC would have any correspondence from them before the Meeting.  A letter reply had been received from them.  They felt that there was not a problem with their hedge affecting the neighbour.  The MEA had told them that if there was a problem with the overhead wires they would have approached them directly.  They felt intimidated by Mr Vernon as he was one of the Commissioners and could be using his office to influence the outcome.

Mrs Leadbeater, daughter of the Feltons, had attended at the start of the meeting and was invited by the Chairman, with the agreement of the Members, to speak about the matter if she wished.  The matter was discussed fully.

The Clerk, as Case Officer, and the Members explained the situation.  That the responsibility for administering the High Hedges Act in Rushen had only recently been taken on by the Commissioners.

It was explained to her by the Clerk, as Case Officer, and the Members that the Act gives clear guidelines regarding measurements so that there can be no faulty perception or bias by those looking at and taking the case forward.  Historical matters were irrelevant and what was considered was the situation at the time of the complaint.

The Clerk explained that, as Case Officer, and because Mr Vernon was a Member of Rushen Commissioners and there could be a perception of bias, she had been very careful in dealing with the case.  An independent advisor had been employed to take the measurements and Mr Radcliffe, who had been elected in May 2008 and therefore the newest Member,  had accompanied her and the advisor when attending the site and taking measurements and other relevant information.  Mr Vernon had always declared an interest when this case was being discussed at the Board Meetings and had left the room.  He had no input in any decisions.

Mrs Leadbeater then left the meeting.

It was agreed that the Remedial Notice be sent, as planned,

k)  Traffic

There had been a complaint via Port Erin Commissioners regarding the junction of Castletown Road and Shore Road – a driver felt that the junction was too dark and should be lit up.  The wall at Ralph Cregeen’s house seemed to ’stick out’.  They were putting it on the Agenda for the Traffic Meeting.

Traffic Meeting – Wed. 28th January.  Attended by Mr Vernon and the Clerk.

Items dealt with included -

i)  Speeding at Rushen School - DoT had been promising to put in 20mph  zone with flashing speed lights.  These were supposed to be installed ‘during the school holidays’ last Easter/Summer.  Still not done and they had not even ordered them.  On pressing them regarding the urgency of this they promised they would be done within a couple of months.  They said that they needed to make Traffic Orders which would delay them starting for 2-3 months but the Clerk had said she thought that they had already done those – they would check.  This matter was now prioritised.

ii)  Junction at Ballafesson Corner - parking.  DoT did not know that the new entrance to Ballachurry yard development was now in.  They were to look at it.  PV and GK suggested that there be double yellow lines from the new entrance down to the junction.

iii)  Plantation Hill.  They had promised that the signs and road markings would be installed.  GK reminded them that they were not done yet. The signs ‘are on order’.  To make a footpath it would have to be in the field and be done with the owner’s consent.  It could be done with co-operation between the Local Authority and the landowners.  It could be made a Permissive Route with agreement between the parties and this would open the land for use but the landowner would retain control and could close it down.  It would not be a public right of way.  Anna Goldsmith from the DoT Public Rights of Way would be the best point of contact.

(there was nobody there from PSM Commissioners so could not discuss it with them).

iv)  The junction of Castletown Road and Shore Road.  Port Erin Commissioners suggested street lighting should be put there – ‘lots of people walk there from the Shore Hotel’.  This road forms the boundary between Rushen and Port St Mary.

DoT said that if lighting was to be considered there would need to be at least two. The Clerk had suggested one on the island in the middle of the road but this would be dangerous – ‘just something else to be hit by a vehicle.’

DoT were to look at the junction and put hatching and white lines on the road and install a new, more modern, bollard which would be highly reflective.  The situation would then be monitored.

v)  Allotments – Mount Gawne Road.  The Clerk brought this up on AOB.  (there was no representative from PSM there).  DoT indicated that they had received a planning application/detailed plans for this and they would not agree to the entrance being on Mount Gawne Road.   They had sent back the plans.  Their preferred entrance was through the Amenity Site entrance.

Mr Cain asked the Clerk to report that the vegetation on the hedge alongside the entrance to the car park at Cregneash needed cutting back to improve the visibility coming out of the car park.

l)  Police

The Clerk had attended the Police meeting on 22nd Jan. Crime figures were given – none in Rushen.

Letter from Inspector Musson – there had been a reduction in recorded crime of almost 10% compared to last year.  High levels of detection currently stood at almost 58%.   They would like RPC’s views on what most affects their area of responsibility, what major issues most affect the quality of life in our area so that the Police can again prioritise both Police and Partner Agency focus for the year ahead.  The 2009/2010 plan would then be produced for March and would, again, be distributed with the rates.

Members felt that the misuse of alcohol and drugs were the main problems, along with the lack of things for teenagers and young people to do if they were not sporty or musical.

The Police were to be asked to come to a meeting.

m)  Litter, beach cleans,  fly-tipping, dog fouling, etc

CRHS  were to carry out a beach clean on 14th March at Bay ny Carrickey.

Fly Tipping -  The Clerk had received a call that there had been some fly-tipping on Ballnahowe Road, near Ken Quine’s seat.  H K and she went up in the truck and removed two very wet mattresses and took them to the Amenity Site.

n)  Signs

Mrs Felton had agreed that the Honna Road sign could be put on her wall but remarked that cars park there, especially at night, so it might not been seen.

Mr Radcliffe said that he would look at the area at night to see where the best place would be to put it.

o)  Ballafesson Playing Field

Mr Cain reported that he had made enquiries regarding swings and was waiting for someone to get back to him with regard to this.

p)  Web Site

The Clerk had been in touch with Nick Thornley who had indicated he would be back on the Island in a few weeks and would contact her then with regard to her and Mr Vernon learning how to update the web site.

q)  Southern Civic Amenity Site

The Clerk had been informed that the Board had a meeting on 29th and were discussing the possibility of the entrance being used as access to the Allotment field.  There was nothing further on this.

r)  Southern Swimming Pool

A cheque had been received from the Swimming Pool Board for £347  39 being a refund from Castletown Commissioners regarding the estimated loan charges for 2007/08.

Mr Radcliffe said there was nothing new to report from the last meeting.

s)  Municipal Association

Mr Gunn was to attend the next meeting, the Agenda for which had been received.

t)  Allotments

RPC had a meeting with some of Port St Mary Commissioners on 30th Jan. The Clerk had emailed to all Members the report on the meeting which she had made and including a piece to be minuted.   Also copied to Members was Port St Mary’s Report.  Also copied was the questionnaire which PSM were giving to the prospective allotment holders regarding their intended mode of travel to the allotments and when they intended to be there.

As part of the agreement reached in that there could be people from Rushen as allotment holders and after discussing it with PSM’s Deputy Clerk, the Clerk had written to the seven people who had written to RPC to say they would be interested in having an allotment. She had informed them that if they were still interested, they should contact PSM immediately.  She then emailed to PSM’s Deputy Clerk their names who  subsequently indicated that one of them was already on their list.  As they had contacted RPC on October 2008 they would be put on the list as having applied for an allotment at that time.

Due to the discussion with some of the residents of Mount Gawne Road at the start of the Meeting it was agreed that their very valid concerns needed to be taken into account and that there would need to be a change in the agreement reached with Port St Mary Commissioners.  It was agreed that there should be no access through the gate in Mount Gawne Road because any access there would cause a problem.

It was felt that Port St Mary Commissioners were rushing into setting up these allotments and that it should be left for a year until the infrastructure was in place before the allotments were let.  In that way the residents’ issues could be addressed and there would be fewer problems.

The Clerk was to write to Port St Mary Commissioners to this effect and to let the Chairman approve the letter before it was sent.

u)  Southern Healthcare Committee

Minutes of their meeting held  30th October and AGM held 24th January had been received from the Secretary and RPC representative, Mr Tinkler.  These were noted and made available for the Members to read if they wished.

v)  Marashen Crescent

As Mr Vernon was not present there was nothing to report.

w)  Rushen Ambulance

As Mr Vernon was not present there was nothing to report.

x)  MNH

Mobile phone coverage – Meayll

There was nothing further to report.  The Clerk was to contact Cable and Wireless to ask if any progress was being made.

Lighthouse on Calf – possible demolition

The Chairman said that he had been speaking to a Northern Lighthouse Commissioner who had said that there was probably no problem.  The Clerk asked if it should now be taken off the Agenda but the Chairman indicated that it should be left on.

y)  Car Park, The Howe

z)  Risk Assessment

This had been left for the moment as there was so much other business being dealt with at the moment.  The Clerk was to contact Mr Hornsby and invite him to the next meeting.

aa)  The Craggs, The Howe

The scaffolding was now down and the property was looking better although not all work had been finished yet.

ab)  Land in front of Hillcrest, Cregneash.

Mr Cain has asked David Cooil to cut the vegetation on this, which he had done.

As Rushen Commissioners could not be involved in this matter unless they leased the land the Clerk was to write to John Qualtrough (for Mr Karran) so that the matter could be discussed fully at a site meeting.

Ac)  Golden Jubilee Trust

Mr Radcliffe reported that there had been a meeting the previous week.  There was going to be half-day Challenge Event and Local Authorities may be involved.

Ad)  Surby Road – water (also smell of gas)

Nothing from DoT. Regarding the water but the Clerk reported that it had stopped running.

Smell of gas – Mrs Felton phoned the Clerk saying that she had received complaints from neighbours about a smell of gas near her house (she has a bulk gas tank in her back garden).  She had the gas men there three times and they said there was nothing wrong with her tank.  She thought it could be coming from the house across the road.  The Clerk went to have a look and, as it seemed strongest in the middle of the road she thought it could be coming from the sewer.  She contacted the DoT Drainage Dept and asked for someone to come out to look at the sewer.  They had done that and reported back that there was nothing wrong with the sewer.

The Chairman said that there was still a smell of gas.

Ae)  Regeneration of Towns and Villages.

Email from Jonathon Crookall-Nixon.  He had been appointed the Project Manager for the scheme which, subject to Tynwald approval on 17th Feb. ‘will afford exciting opportunities throughout the Island for many of the town and village centres where tangible benefits can be derived from some form or means of strategic regeneration. ……………. The key to early success will be the formation of Local Regeneration Committees and identifying the Regeneration Areas.’

This was noted and was to be kept on the Agenda.

Af)  Building work at Ballachurry. Nothing further on this.

ag)  Dilapidated Buildings

Mr Juan Watterson MHK had sent a further email with information and this had been forwarded to all the Members.

Mr Vernon was to attend his next meeting regarding this.

ah)  Housing Conference 6th March.

The Agenda had been received and Mr Vernon and the Clerk were to attend the whole-day conference.

ai)  DAFF Marine Nature Reserve Project – Community Meetings The Clerk reminded everyone that there would be one at Mount Tabor on Wed. 25th February (the Port Erin one as it was on 29th Jan – same as BKWP Public Meeting and so Members could not attend).

Some of the Members and the Clerk indicated that they would attend.

aj)  Defamation issue – Onchan Commissioners

Mr Gunn had taken the letter to read.  This was regarding a possible defamation issue raised by Onchan Commissioners who had shared the legal advice regarding this matter with other Local Authorities for their information.

ak)  Beating the Bounds. Nothing further on this at present but to be kept on the Agenda

al)  Post Box at The Level

The Clerk reported that builders had built up the wall at the site but there was room for the post box to be returned.  The Clerk had spoken to one of the men in charge and they indicated that there would be no problem with it being put back there.  The Post Office would have to do this.

The Clerk to write to the Post Office to ask when it would be re-instated.

am)  Arbour Week

The Clerk to get a price for a tree to be put on Croit-e-Caley Green.

An)  Christmas Tree 2009. This was in hand.

6.  CORRESPONDENCE

a)  Public Sector Rent and Allowances for 2009/10.

Letter from DoLGE’s Housing Policy Manager.  Rent increases and allowances for year 09/10 had been confirmed by the Council of Ministers as follows:

1.  Rent point value to be increased by 5% to 96.33

2.  Maintenance Allowance to remain at 33.3% of rents collectable

3.  The administration allowance in 09/10 should remain as agreed by Council in                             2006 as 7.5% but subject to the Authority delivering on common performance                              standards to demonstrate effective management and service delivery

4.  The Community Reserve retention for sheltered housing should remain at 10%               in the interim subject to the outcome of the current review.

These were noted.

b)  Withdrawal of payphone – Surby Old Post Office.

Letter from Manx Telecom.  They were planning to withdraw the payphone located at Surby Old Post Office:- ‘We understand that withdrawing any public payphone may cause concern to some local residents, but would stress that we have only taken the decision after a thorough review, and that the withdrawal of any payphone is looked at on a case by case basis.  Such decisions are never easy but, in this instance, we have taken a number of factors into account, all of which lead us to believe that withdrawing this payphone is the appropriate thing to do.

The key points are:

This particular payphone took just £96 in the previous 12 months, which is a powerful indication that it is not heavily used by local residents.

There are alternative payphones provided as several convenient locations within Port Erin.

Maintaining this payphone, including the cost of power, cleaning, and service visit, currently far outweighs any revenue it generates.

Mobile coverage in the area is good and we feel that this – combined with almost universal ownership of landlines – means removing the payphone will not deprive local residents of a good telephone service.

Manx Telecom has a public service obligation to maintain a network of public telephones across the Island.  This network makes a loss, but we are committed to provide the service.  However, we do have to look at he payphone service in a broad context which, at times, means withdrawing some payphones in order to maintain a balance between availability, and limiting the losses incurred by the network.  Its only fair to all our customers that we strike an appropriate balance and keep the level of any subsidy within reason.

With these factors in mind, it is our intention to remove this payphone following 60 days public notification in the kiosk.  This withdrawal is compliant with the guidelines agreed with the communications Commission, which I have enclosed for your information.

I would appreciate it if you would be kind enough to inform Rushen Commissioners of our intentions and feed back any comments they may have.’

Members felt that the income of £96 over the past 12 months was reasonable and indicated that it was quite well used.  They felt that it should be left and they considered it an amenity for residents and walkers.  The Clerk to reply to this effect.

c)  Marown Parish Commissioners – Outdoor recreation facilities.

Letter from Marown Commissioners – They were in the process of adopting some land in Glen Vine and one of the suggestions regarding what to do with the area is to drain it and provide either a “kick-about” area or some play equipment.  There are recreational facilities in the Parish already, in Crosby, but these are not the responsibility of the Commissioners.  They realise that the ‘centre’ of the Parish has now shifted to glen Vine and this has a larger and generally younger population.

As they have no direct experience of providing this type of facility that are contacting other Local Authorities to get some helpful information.

They would like to know if we provide such facilities; whether the land was gifted, purchased or remains in ownership of third party; was any play equipment gifted to the LA, purchased by them or remains the property of a third party; who maintains and supervises the play area – own staff, volunteers, staff employed by another organisation.

This was noted.

d)  Castletown Metropolitan Silver Band – Subscription Concert.

They were to hold this on Saturday 28th Feb. at 7 30pm at CRHS.  Invitation to attend.

Members would attend if able.

e)  Britain In Bloom Neighbourhood Awards.

Letter from Dept. Tourism. Information regarding this could be found at www.rhs.org.uk/britain in bloom/GettingStarted/neighbourhood awards.html.  Or email Rachele Quayle at rachele.quayle@gov.im.                     This was noted.

f)  Dog fouling – letter from Mr K McArd.

Mr McArd  complained about dog mess outside his gateway on Bradda Road.  He  asked if RPC had a dog warden and what could be done against these dog owners.

The Clerk to write back stating that she dealt with putting up notices, etc regarding dog mess and also that there was a new dog bin being put on Honna Road, near the phone box.

g)  Making a Manx Home for Wildlife Leaflets received and noted.

h)  Newsletter of the Chronically Sick and Disabled Persons Committee.

Received and noted.

i)  Road Closures – re weather The Clerk said that this was the first time she had been sent such notices.

j)  Road Transport Licensing Committee.

Applications, decisions and notices.     Noted.

k)  Civic Service – Onchan Commissioners. Notice that theirs would be on 24th May.

l)  Accident Prevention Seminar

9am – 4 30 24th March at Keyll Darree education and Training Centre.  Open to public, Government employees and voluntary organisations.  Places need to be booked.  No charge.  Nobody from RPC indicated a wish to attend.

7.  PLANNING APPLICATIONS

a)  09/086.  Hillcrest, Ballakilpheric. Miss Suzanne Bentley.  Erection of porch.

No objections.

b)  09/0149.  Rhuvaal, Garth Avenue, Surby. Mr Summers. Widen existing driveway entrance and increase hardstanding for off road parking – all block paved.

No objections.

c)  09/0159.  Ballamoar, Shore Road. Mrs D Moule.  Replacement windows and door to front elevation.

No objections.

d)  09/0195.  Homefield, The Level. Ravenhill Resources Ltd.  Application to replace existing timber sliding sash windows with upvc double glazed windows (Rehau Heritage Window System) to the front and top hung upvc to the rear.  Remove existing shop window and reinstate original window opening to be fitted with Rehau Heritage window system.                                                                                                                                        The Clerk had looked at the plans and noted that the windows shown at the front were proposed to be top-hung window, not as indicated on the application form.  She had spoken to Sarah Corlett of Planning to point this out.

Members felt that the replacement windows must be sliding sash and, preferably a 12 pane design to be similar to the originals.

8.  PLANNING APPROVALS

a)  08/2296.   3 The Chase, Ballakillowey. Mr & Mrs D Reeday.  Installation of an additional dormer to north east elevation.

Decision – Acting Senior Planning Officer.      Issued – 29th January 2009.

b)  08/1840.  Fairfield, Ballafesson. Mr J Driver.  Erection of a timber cabin to replace existing shed.       Conditions include – 3. The approval is granted on the basis that the water discharged from the roof of the new structure will be collected in water butts as indicated by the applicant in his letter of 14th January 2009.   Decision – Acting Senior Planning Officer.   Issued -  29th January 2009.

c)  08/2272.  Sound Farm, Sound Road, Cregneash. Mr W Callister.  Erection of a replacement lean-to barn.   Conditions include – 3.  The cladding on the new extension must match the colour of the material on the existing clad barns within the farm complex.

Decision – Acting Senior Planning Officer.          Issued – 4th February 2009.

9.  PLANNING REFUSALS

a)  08/2246.  Field 410891, Surby Road, Surby. Mr N Saunders.  Approval in Principle for the erection of four dwellings.

Reasons for Refusal:- 1.  The site is not in a location where the services and amenities of a larger settlement – public transport, shops, employment etc are available and th increase of three dwellings above the number recommended in the Local Plan is considered inappropriate and would represent unsustainable development, contrary to the spirit of the Strategic Plan.  2.  The Site is not considered of a size satisfactorily to accommodate four dwellings without either appearing inappropriately cramped for the prevailing existing development in the immediate vicinity and/or being uncomfortably close to existing properties and adversely affecting the amenities of those living therein.

Decision – Planning Committee.    Issued 2nd February 2009.

10. PLANNING APPEALS

a)  08/0908.  Land at Bradda View, Ballaillowey. Hartford Homes Ltd.  Residential Estate of five dwellings with access road, drainage and landscaping.

The Appeal Hearing would be held 9 30am 24th March.

RPC had not opposed this application. However, a letter from Mr & Mrs Faragher, Ballakell had been received and it was they who had requested the appeal on the grounds that the large house on plot 5 – right behind their house – would be overbearing.  They  requested that someone from RPC come and have a look.  They had already had Phil Gawne there and he had given them a letter of support.

It was agreed that the Chairman would go to see the Faraghers and the matter could then possibly be reconsidered.  The Chairman would phone them very soon to make arrangements to visit them.

11.  COMPLETION CERTIFICATES     none

12.  OTHER PLANNING MATTERS

a)  Homefield, The Level. (the old shop)

The new owners had taken out the shop window and the other windows.  Copy of letter from Planning Enforcement Officer to MP Associates:-

‘Refurbishment work to property and rebuilding of boundary wall, Homefield, The Level, Colby.

Further to my site visit and my conversation with your office yesterday I confirm that Class 21 of the Town and Country Planning Act (Permitted Development) Order 2005 allows for the installation of replacement windows and doors but not in a property which was substantially constructed before 1921.  As Homefield was built in the 1800’s planning approval is required for the replacement windows, the removal of the bay window structure and the bricking up of the opening to form a window.

I can confirm that Part 2, Development Control at 6, Meaning of development of the Town and Country Planning Act 1999 that the carrying our for the maintenance , improvement or other alteration of any building of works which affect only the interior of the building, or do not materially affect the external appearance of the building, and are not works for the alteration of a building by providing additional space in it underground do not require planning approval.  If it is intended to alter the external finish to the walls that too will require planning approval.

The application being retrospective should be received before 5th March 2009 and all further work on the windows and external appearance of the property should cease pending the outcome of the application.  I would also suggest that before deciding on what windows to install or having the windows made that you seek advice from the planner for the area Miss S Corlett 685906.       S.Olsen.’

This was noted.

b)  Ballarock, Ballakillowey Road. Erection of a garage field 410268. Mr A Costain.

Received – copy of letter from Planning Enforcement Officer to Mr A Costain, owner of Ballarock:

‘Further to our exchange of emails on 8th December 2008. Firstly, I do apologise for the delay there has been in writing to you which was beyond my control.  However, I can now advise that the Directorate has sought advice regarding the location of the garage and the extent of the curtilage of the dwelling at Ballarock.

It is usually as matter of fact and degree in these cases and although not every part of every garden can be said to be within the curtilage it has been determined that on balance that the site of the garage is within the cartilage in this particular case.

In my views therefore the garage will fall within Class 19 of the Town and Country Planning (Permitted Development) Act 2005.

However, I confirm that any proposed driveway to the garage and any turning area in front of the garage will not form part of the Permitted Development and will therefore require planning approval.’  S Olsen, Planning Enforcement Officer.

This was noted.

13.  ANY OTHER BUSINESS

a)  Attendance Allowance.

The Clerk reminded Members that anyone wishing to claim this should do so before the Year End.  Mr Tinkler indicated he may make a claim.

14.  DATE OF NEXT MEETING     18th March 2009.

Meeting held , 7pm Wednesday 18th February 2009, Ballafesson Hall.

MINUTES

Present:  Mr A Tinkler (Chairman), Mr P Gunn (Vice-Chairman), Mr D Cain,

Mr D Radcliffe.

Apologies:  Mr P Vernon.

The Meeting started early as several residents of Mount Gawne Road had indicated that they wished to attend with regard to Port St Mary Commissioners’ proposed allotments on Mount Gawne Road.

Those residents attending were – June Collister, Mr & Mrs Teare, Maureen Rodgers, Anne and Jan Lumsden, Mr & Mrs G Woodward.

The Chairman had the agreement of the Board to bring forward  the Allotment part of                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       the Agenda to the beginning of the Meeting and he invited the residents to speak if they wished.

The Clerk had sent an email to Mrs Collister informing her that Rushen Commissioners had had a meeting with Port St Mary Commissioners and now had a representative on the Allotments Committee so that they would have input.  Port St Mary Commissioners had also been informed that RPC had insisted that the Mount Gawne Road entrance could only be used by the disabled and for emergency access and also for people arriving on foot.  Access must be via the outer gates of the Amenity Site entrance.

The Residents had various concerns regarding the Mount Gawne Road access including problems with parking by people using the allotments and movement of the extra traffic with the possibility of up to 76 extra vehicles associated with the allotments.  There was already quite a lot of through traffic using that road, some of them driving faster than they should in such conditions. The residents needed parking for their own cars and access to their driveways.  There were also large farm vehicles using that road. They had been told that the field was going to be ploughed shortly and it was not known if the allotments would subsequently go ahead with no hardstanding on the field (and therefore parking problems on the road) and no other access.

Residents thought that on summer evenings and weekends many of the allotment holders would be there with their vehicles.

The Clerk pointed out that she had attended a Police Meeting and a Traffic Meeting and both the Police and DoT had indicated that they opposed the access to the allotments being from Mount Gawne Road.

Some of the residents were concerned about the security of their properties as there would be a lot of strangers at the allotments and they felt more vulnerable than with their properties backing onto just a field as at present.  If there were 76 allotment holders how would anyone know who should be there?.

The Residents also felt that ‘change of use’ should apply as there was a significant departure in use from having one tenant to 70+ people using the field.

The Chairman said that maybe the Mount Gawne exit should be blocked off completely.

It was felt that the Amenity Site entrance would be the natural access for emergency vehicles and the Ambulance Station was closer to that access.  A fire engine would not fit in through the Mount Gawne Road gateway.

Mr Cain, who was Rushen’s representative on the Amenity Site Board, said that they had spoken about the access being via the outer gates but there had been concerns about security.  They would need two gates.  DoLGE were responsible for the remainder of the site including hard standing to the right of the outer gates, where there could be parking.

Port St Mary Commissioners were in negotiations with DoLGE to try to secure that area for access and parking.

June Collister said that they had tried four times to have a meeting with Port St Mary Commissioners but had been unsuccessful. They had replied that they ‘would meet with the residents’ but had not done so. The Chairman said that they needed to engage with Port St Mary Commissioners and they could do this by way of a Requisition Meeting.  All they would need would be to get twelve signatures and petition the Captain of the Parish to call a public meeting.  This would include Port St Mary Commissioners.

There was further general discussion and the residents then left the meeting.

The matter was discussed by the Board within the meeting. – 2 Matters Arising (t)

Mrs Elizabeth Leadbeater had attended to listen to discussions about her parents’ (Wing Commander and Mrs Felton) High Hedges dispute.  With the agreement of the Board the Chairman invited her to speak if she wished, which she did.  This part of the meeting is reported at 2 Matters Arising (j).

Mrs Leadbeater then left the meeting.

1.  MINUTES:  The Minutes of the Meeting held Wednesday 21st January 2009, having previously been circulated, were taken as read. There was one correction  at 2 (am) Christmas Tree – which should have read Mr Radcliffe  and Mr Vernon (not Mr Cain and Mr Vernon).  This was altered and then the Minutes were agreed a true record and duly signed.

2.  MATTERS ARISING

a)  Estimates 2009/10.

These were further considered.  It was agreed that there should be an allowance of £1,000 for the provision of a new computer;  there should be no provision for ‘attendance allowance’ as all Members agreed that they would not be claiming an allowance in 09/10 financial year.   The Clerk’s salary was to be increased by 5% to £10,000.  The Clerk had left the room whilst this was being discussed.  The Chairman said that he and the Members appreciated the amount of work done by the Clerk and the Contract would be reviewed the following year to take into account extra responsibilities such as dealing with the High Hedges cases.

It was agreed that the Rate for the forthcoming year should remain at 67p in £ plus the £5 per household charge and that they were all happy to run at a deficit as there were enough funds in the reserves to cover that.

The Clerk was to make a press release regarding the Rate being kept at 67p due to good housekeeping.

b)  Governor’s Visit to the Calf.

Reply received from Northern Lighthouses.  They confirmed that they would be pleased for His Excellency and the Commissioners to visit the lighthouse.  They had a retained lighthouse keeper, Mr Fox, who could show the official party around.

The Clerk had contacted MNH again as there had been no reply to her November letter to them.  She had been speaking to Mr Cregeen, the Acting Director, who had indicated that it may be too dangerous to take anyone around the old lighthouses. She had emailed him a letter requesting permission to take His Excellency around the old lighthouses and also to have the services of Mr D Robinson, who works for MNH to show the Official Party around the Calf and, once a reply had been received, Government House could be contacted regarding the itinerary.  There would be 12 spaces on the boat.

c)  Southern Area Plan.

Public Meeting re Ballakilley land – BKWP

The Clerk had emailed her Report on the Meeting and the results of the questionnaire to all Members of RPC and BKWP and to the Clerks of Port Erin and Port St Mary Commissioners.

It had been well attended, despite other meetings being held, and everyone who wished to speak had been able to do so.

It was agreed that RPC should put out a press release as the views of both Port Erin and Port St Mary Commissioners had been given coverage in the papers regarding this matter.

Mr Cain congratulated the organisers of the meeting.

Community Engagement Meeting – 4th March 12 – 7 30pm at Ballafesson Hall.

DoLGE had written again regarding this:-

This is an opportunity for the residents of Rushen to give their views on:

1.  What do you like in your area?

2.  What don’t you like about your area?

3.  What your hopes are for the future?

The Members (with the exception of Mr Radcliffe, who would be off-Island) and the Clerk would attend at various parts of the day.

d)  Review of the Planning System. Nothing further on this at present.

e)  DoLGE/Local Authority Issues Nothing further at present.

f)  Waste Management and Refuse Collection.

Jones Services -  increase for 2009/10.  RPI was 2.8% in January. RPC had previously  said they would increase it the same amount as Arbory Commissioners – they were making a 5% increase.  This matter was discussed and it was agreed that the increase should be 2.8% plus a further one-off amount to take the final amount to the equivalent of 5%.  Jones Services to supply RPC with an invoice for £517 which would be paid separately in the 09/10 year..

g)  Lighting

The new Victorian lantern had been put on the light by 18 Bradda View.

Email from MEA – lights at Ballakillowey roundabout and Ballagawne Road. (copied to Members)

MEA were proposing a scheme whereby  they were removing the overhead line from the roundabout and along Ballagawne Road adjacent to the Ballagawne Nursery.  They would put in a new light on the roundabout with an 8 metre column and 150w fitting.  They could also replace the 4 pole mounted lanterns with 5 new 6 metre columns in conjunction with the scheme if RPC made a contribution of £6,834 plus vat.

The alternative would be to leave the 5 existing pole mounted lanterns and the MEA would release responsibility of the poles to either Manx Telecom or RPC.

The Clerk pointed out that two of the bracket light fittings which they would take out were fairly new – it would seem a good idea to ask them to put these on other poles which have the very old-fashioned small lights – there was one over at the bottom of Ballakeyll and one down by Rushen School..

It was agreed to go ahead with this and suggest that some of the bracket lights could be used again.

h)  Various areas – grass cutting

Mower  - The Clerk said that there was a problem trying to get it out of the Playing Field as it did not fit through the small gate but had to be taken through the gate into the adjoining field and out that gate onto the road.  This was very muddy and there were horses in the field.  She said she and Mr Kelly would try to get it out somehow so that it could be collected by IOM Farmers for servicing.

i)  Carrick Bay View.

Judy Thornley was acting for RPC in this matter.  The procedure could not be dealt with by Deed of Gift it had to go through the whole conveyance process.  The Clerk said that it was all in hand.

j)  High Hedges

On 5th February the Clerk had posted by Recorded Delivery a set of Documents which was the next stage in dealing with the High Hedges complaint regarding Moorescroft, Surby Road.

Sent were – a letter following the guidelines given in the legislation together with a copy of Mr Vernon’s completed Complaint form (which he had already sent to Wing Commander and Mrs Felton), a Questionnaire to be completed by them and returned and also a copy of the document – ‘High Hedges/trees: making a complaint’.  All these documents were required to be sent to the owners of the hedge before the next stage which was the Remedial Letter.  She had given them until 16th February to reply so that RPC would have any correspondence from them before the Meeting.  A letter reply had been received from them.  They felt that there was not a problem with their hedge affecting the neighbour.  The MEA had told them that if there was a problem with the overhead wires they would have approached them directly.  They felt intimidated by Mr Vernon as he was one of the Commissioners and could be using his office to influence the outcome.

Mrs Leadbeater, daughter of the Feltons, had attended at the start of the meeting and was invited by the Chairman, with the agreement of the Members, to speak about the matter if she wished.  The matter was discussed fully.

The Clerk, as Case Officer, and the Members explained the situation.  That the responsibility for administering the High Hedges Act in Rushen had only recently been taken on by the Commissioners.

It was explained to her by the Clerk, as Case Officer, and the Members that the Act gives clear guidelines regarding measurements so that there can be no faulty perception or bias by those looking at and taking the case forward.  Historical matters were irrelevant and what was considered was the situation at the time of the complaint.

The Clerk explained that, as Case Officer, and because Mr Vernon was a Member of Rushen Commissioners and there could be a perception of bias, she had been very careful in dealing with the case.  An independent advisor had been employed to take the measurements and Mr Radcliffe, who had been elected in May 2008 and therefore the newest Member,  had accompanied her and the advisor when attending the site and taking measurements and other relevant information.  Mr Vernon had always declared an interest when this case was being discussed at the Board Meetings and had left the room.  He had no input in any decisions.

Mrs Leadbeater then left the meeting.

It was agreed that the Remedial Notice be sent, as planned,

k)  Traffic

There had been a complaint via Port Erin Commissioners regarding the junction of Castletown Road and Shore Road – a driver felt that the junction was too dark and should be lit up.  The wall at Ralph Cregeen’s house seemed to ‘stick out’.  They were putting it on the Agenda for the Traffic Meeting.

Traffic Meeting – Wed. 28th January.  Attended by Mr Vernon and the Clerk.

Items dealt with included –

i)  Speeding at Rushen School – DoT had been promising to put in 20mph  zone with flashing speed lights.  These were supposed to be installed ‘during the school holidays’ last Easter/Summer.  Still not done and they had not even ordered them.  On pressing them regarding the urgency of this they promised they would be done within a couple of months.  They said that they needed to make Traffic Orders which would delay them starting for 2-3 months but the Clerk had said she thought that they had already done those – they would check.  This matter was now prioritised.

ii)  Junction at Ballafesson Corner – parking.  DoT did not know that the new entrance to Ballachurry yard development was now in.  They were to look at it.  PV and GK suggested that there be double yellow lines from the new entrance down to the junction.

iii)  Plantation Hill.  They had promised that the signs and road markings would be installed.  GK reminded them that they were not done yet. The signs ‘are on order’.  To make a footpath it would have to be in the field and be done with the owner’s consent.  It could be done with co-operation between the Local Authority and the landowners.  It could be made a Permissive Route with agreement between the parties and this would open the land for use but the landowner would retain control and could close it down.  It would not be a public right of way.  Anna Goldsmith from the DoT Public Rights of Way would be the best point of contact.

(there was nobody there from PSM Commissioners so could not discuss it with them).

iv)  The junction of Castletown Road and Shore Road.  Port Erin Commissioners suggested street lighting should be put there – ‘lots of people walk there from the Shore Hotel’.  This road forms the boundary between Rushen and Port St Mary.

DoT said that if lighting was to be considered there would need to be at least two. The Clerk had suggested one on the island in the middle of the road but this would be dangerous – ‘just something else to be hit by a vehicle.’

DoT were to look at the junction and put hatching and white lines on the road and install a new, more modern, bollard which would be highly reflective.  The situation would then be monitored.

v)  Allotments – Mount Gawne Road.  The Clerk brought this up on AOB.  (there was no representative from PSM there).  DoT indicated that they had received a planning application/detailed plans for this and they would not agree to the entrance being on Mount Gawne Road.   They had sent back the plans.  Their preferred entrance was through the Amenity Site entrance.

Mr Cain asked the Clerk to report that the vegetation on the hedge alongside the entrance to the car park at Cregneash needed cutting back to improve the visibility coming out of the car park.

l)  Police

The Clerk had attended the Police meeting on 22nd Jan. Crime figures were given – none in Rushen.

Letter from Inspector Musson – there had been a reduction in recorded crime of almost 10% compared to last year.  High levels of detection currently stood at almost 58%.  They would like RPC’s views on what most affects their area of responsibility, what major issues most affect the quality of life in our area so that the Police can again prioritise both Police and Partner Agency focus for the year ahead.  The 2009/2010 plan would then be produced for March and would, again, be distributed with the rates.

Members felt that the misuse of alcohol and drugs were the main problems, along with the lack of things for teenagers and young people to do if they were not sporty or musical.

The Police were to be asked to come to a meeting.

m)  Litter, beach cleans,  fly-tipping, dog fouling, etc

CRHS  were to carry out a beach clean on 14th March at Bay ny Carrickey.

Fly Tipping -  The Clerk had received a call that there had been some fly-tipping on Ballnahowe Road, near Ken Quine’s seat.  H K and she went up in the truck and removed two very wet mattresses and took them to the Amenity Site.

n)  Signs

Mrs Felton had agreed that the Honna Road sign could be put on her wall but remarked that cars park there, especially at night, so it might not been seen.

Mr Radcliffe said that he would look at the area at night to see where the best place would be to put it.

o)  Ballafesson Playing Field

Mr Cain reported that he had made enquiries regarding swings and was waiting for someone to get back to him with regard to this.

p)  Web Site

The Clerk had been in touch with Nick Thornley who had indicated he would be back on the Island in a few weeks and would contact her then with regard to her and Mr Vernon learning how to update the web site.

q)  Southern Civic Amenity Site

The Clerk had been informed that the Board had a meeting on 29th and were discussing the possibility of the entrance being used as access to the Allotment field.  There was nothing further on this.

r)  Southern Swimming Pool

A cheque had been received from the Swimming Pool Board for £347  39 being a refund from Castletown Commissioners regarding the estimated loan charges for 2007/08.

Mr Radcliffe said there was nothing new to report from the last meeting.

s)  Municipal Association

Mr Gunn was to attend the next meeting, the Agenda for which had been received.

t)  Allotments

RPC had a meeting with some of Port St Mary Commissioners on 30th Jan. The Clerk had emailed to all Members the report on the meeting which she had made and including a piece to be minuted.   Also copied to Members was Port St Mary’s Report.  Also copied was the questionnaire which PSM were giving to the prospective allotment holders regarding their intended mode of travel to the allotments and when they intended to be there.

As part of the agreement reached in that there could be people from Rushen as allotment holders and after discussing it with PSM’s Deputy Clerk, the Clerk had written to the seven people who had written to RPC to say they would be interested in having an allotment. She had informed them that if they were still interested, they should contact PSM immediately.  She then emailed to PSM’s Deputy Clerk their names who  subsequently indicated that one of them was already on their list.  As they had contacted RPC on October 2008 they would be put on the list as having applied for an allotment at that time.

Due to the discussion with some of the residents of Mount Gawne Road at the start of the Meeting it was agreed that their very valid concerns needed to be taken into account and that there would need to be a change in the agreement reached with Port St Mary Commissioners.  It was agreed that there should be no access through the gate in Mount Gawne Road because any access there would cause a problem.

It was felt that Port St Mary Commissioners were rushing into setting up these allotments and that it should be left for a year until the infrastructure was in place before the allotments were let.  In that way the residents’ issues could be addressed and there would be fewer problems.

The Clerk was to write to Port St Mary Commissioners to this effect and to let the Chairman approve the letter before it was sent.

u)  Southern Healthcare Committee

Minutes of their meeting held  30th October and AGM held 24th January had been received from the Secretary and RPC representative, Mr Tinkler.  These were noted and made available for the Members to read if they wished.

v)  Marashen Crescent

As Mr Vernon was not present there was nothing to report.

w)  Rushen Ambulance

As Mr Vernon was not present there was nothing to report.

x)  MNH

Mobile phone coverage – Meayll

There was nothing further to report.  The Clerk was to contact Cable and Wireless to ask if any progress was being made.

Lighthouse on Calf – possible demolition

The Chairman said that he had been speaking to a Northern Lighthouse Commissioner who had said that there was probably no problem.  The Clerk asked if it should now be taken off the Agenda but the Chairman indicated that it should be left on.

y)  Car Park, The Howe

z)  Risk Assessment

This had been left for the moment as there was so much other business being dealt with at the moment.  The Clerk was to contact Mr Hornsby and invite him to the next meeting.

aa)  The Craggs, The Howe

The scaffolding was now down and the property was looking better although not all work had been finished yet.

ab)  Land in front of Hillcrest, Cregneash.

Mr Cain has asked David Cooil to cut the vegetation on this, which he had done.

As Rushen Commissioners could not be involved in this matter unless they leased the land the Clerk was to write to John Qualtrough (for Mr Karran) so that the matter could be discussed fully at a site meeting.

Ac)  Golden Jubilee Trust

Mr Radcliffe reported that there had been a meeting the previous week.  There was going to be half-day Challenge Event and Local Authorities may be involved.

Ad)  Surby Road – water (also smell of gas)

Nothing from DoT. Regarding the water but the Clerk reported that it had stopped running.

Smell of gas – Mrs Felton phoned the Clerk saying that she had received complaints from neighbours about a smell of gas near her house (she has a bulk gas tank in her back garden).  She had the gas men there three times and they said there was nothing wrong with her tank.  She thought it could be coming from the house across the road. The Clerk went to have a look and, as it seemed strongest in the middle of the road she thought it could be coming from the sewer.  She contacted the DoT Drainage Dept and asked for someone to come out to look at the sewer.  They had done that and reported back that there was nothing wrong with the sewer.

The Chairman said that there was still a smell of gas.

Ae)  Regeneration of Towns and Villages.

Email from Jonathon Crookall-Nixon.  He had been appointed the Project Manager for the scheme which, subject to Tynwald approval on 17th Feb. ‘will afford exciting opportunities throughout the Island for many of the town and village centres where tangible benefits can be derived from some form or means of strategic regeneration. ……………. The key to early success will be the formation of Local Regeneration Committees and identifying the Regeneration Areas.’

This was noted and was to be kept on the Agenda.

Af)  Building work at Ballachurry. Nothing further on this.

ag)  Dilapidated Buildings

Mr Juan Watterson MHK had sent a further email with information and this had been forwarded to all the Members.

Mr Vernon was to attend his next meeting regarding this.

ah)  Housing Conference 6th March.

The Agenda had been received and Mr Vernon and the Clerk were to attend the whole-day conference.

ai)  DAFF Marine Nature Reserve Project – Community Meetings The Clerk reminded everyone that there would be one at Mount Tabor on Wed. 25thFebruary (the Port Erin one as it was on 29th Jan – same as BKWP Public Meeting and so Members could not attend).

Some of the Members and the Clerk indicated that they would attend.

aj)  Defamation issue – Onchan Commissioners

Mr Gunn had taken the letter to read.  This was regarding a possible defamation issue raised by Onchan Commissioners who had shared the legal advice regarding this matter with other Local Authorities for their information.

ak)  Beating the Bounds. Nothing further on this at present but to be kept on the Agenda

al)  Post Box at The Level

The Clerk reported that builders had built up the wall at the site but there was room for the post box to be returned.  The Clerk had spoken to one of the men in charge and they indicated that there would be no problem with it being put back there.  The Post Office would have to do this.

The Clerk to write to the Post Office to ask when it would be re-instated.

am)  Arbour Week

The Clerk to get a price for a tree to be put on Croit-e-Caley Green.

An)  Christmas Tree 2009. This was in hand.

6.  CORRESPONDENCE

a)  Public Sector Rent and Allowances for 2009/10.

Letter from DoLGE’s Housing Policy Manager.  Rent increases and allowances for year 09/10 had been confirmed by the Council of Ministers as follows:

1.  Rent point value to be increased by 5% to 96.33

2.  Maintenance Allowance to remain at 33.3% of rents collectable

3.  The administration allowance in 09/10 should remain as agreed by Council in                             2006 as 7.5% but subject to the Authority delivering on common performance                              standards to demonstrate effective management and service delivery

4.  The Community Reserve retention for sheltered housing should remain at 10%               in the interim subject to the outcome of the current review.

These were noted.

b)  Withdrawal of payphone – Surby Old Post Office.

Letter from Manx Telecom.  They were planning to withdraw the payphone located at Surby Old Post Office:- ‘We understand that withdrawing any public payphone may cause concern to some local residents, but would stress that we have only taken the decision after a thorough review, and that the withdrawal of any payphone is looked at on a case by case basis.  Such decisions are never easy but, in this instance, we have taken a number of factors into account, all of which lead us to believe that withdrawing this payphone is the appropriate thing to do.

The key points are:

This particular payphone took just £96 in the previous 12 months, which is a powerful indication that it is not heavily used by local residents.

There are alternative payphones provided as several convenient locations within Port Erin.

Maintaining this payphone, including the cost of power, cleaning, and service visit, currently far outweighs any revenue it generates.

Mobile coverage in the area is good and we feel that this – combined with almost universal ownership of landlines – means removing the payphone will not deprive local residents of a good telephone service.

Manx Telecom has a public service obligation to maintain a network of public telephones across the Island.  This network makes a loss, but we are committed to provide the service.  However, we do have to look at he payphone service in a broad context which, at times, means withdrawing some payphones in order to maintain a balance between availability, and limiting the losses incurred by the network.  Its only fair to all our customers that we strike an appropriate balance and keep the level of any subsidy within reason.

With these factors in mind, it is our intention to remove this payphone following 60 days public notification in the kiosk.  This withdrawal is compliant with the guidelines agreed with the communications Commission, which I have enclosed for your information.

I would appreciate it if you would be kind enough to inform Rushen Commissioners of our intentions and feed back any comments they may have.’

Members felt that the income of £96 over the past 12 months was reasonable and indicated that it was quite well used.  They felt that it should be left and they considered it an amenity for residents and walkers.  The Clerk to reply to this effect.

c)  Marown Parish Commissioners – Outdoor recreation facilities.

Letter from Marown Commissioners – They were in the process of adopting some land in Glen Vine and one of the suggestions regarding what to do with the area is to drain it and provide either a “kick-about” area or some play equipment.  There are recreational facilities in the Parish already, in Crosby, but these are not the responsibility of the Commissioners.  They realise that the ‘centre’ of the Parish has now shifted to glen Vine and this has a larger and generally younger population.

As they have no direct experience of providing this type of facility that are contacting other Local Authorities to get some helpful information.

They would like to know if we provide such facilities; whether the land was gifted, purchased or remains in ownership of third party; was any play equipment gifted to the LA, purchased by them or remains the property of a third party; who maintains and supervises the play area – own staff, volunteers, staff employed by another organisation.

This was noted.

d)  Castletown Metropolitan Silver Band – Subscription Concert.

They were to hold this on Saturday 28th Feb. at 7 30pm at CRHS.  Invitation to attend.

Members would attend if able.

e)  Britain In Bloom Neighbourhood Awards.

Letter from Dept. Tourism. Information regarding this could be found at www.rhs.org.uk/britain in bloom/GettingStarted/neighbourhood awards.html.  Or email Rachele Quayle at rachele.quayle@gov.im.                     This was noted.

f)  Dog fouling – letter from Mr K McArd.

Mr McArd  complained about dog mess outside his gateway on Bradda Road.  He  asked if RPC had a dog warden and what could be done against these dog owners.

The Clerk to write back stating that she dealt with putting up notices, etc regarding dog mess and also that there was a new dog bin being put on Honna Road, near the phone box.

g)  Making a Manx Home for Wildlife Leaflets received and noted.

h)  Newsletter of the Chronically Sick and Disabled Persons Committee.

Received and noted.

i)  Road Closures – re weather The Clerk said that this was the first time she had been sent such notices.

j)  Road Transport Licensing Committee.

Applications, decisions and notices.     Noted.

k)  Civic Service – Onchan Commissioners. Notice that theirs would be on 24th May.

l)  Accident Prevention Seminar

9am – 4 30 24th March at Keyll Darree education and Training Centre.  Open to public, Government employees and voluntary organisations.  Places need to be booked. No charge.  Nobody from RPC indicated a wish to attend.

7.  PLANNING APPLICATIONS

a)  09/086.  Hillcrest, Ballakilpheric. Miss Suzanne Bentley.  Erection of porch.

No objections.

b)  09/0149.  Rhuvaal, Garth Avenue, Surby. Mr Summers. Widen existing driveway entrance and increase hardstanding for off road parking – all block paved.

No objections.

c)  09/0159.  Ballamoar, Shore Road. Mrs D Moule.  Replacement windows and door to front elevation.

No objections.

d)  09/0195.  Homefield, The Level. Ravenhill Resources Ltd.  Application to replace existing timber sliding sash windows with upvc double glazed windows (Rehau Heritage Window System) to the front and top hung upvc to the rear.  Remove existing shop window and reinstate original window opening to be fitted with Rehau Heritage window system.                                                                                                                                        The Clerk had looked at the plans and noted that the windows shown at the front were proposed to be top-hung window, not as indicated on the application form.  She had spoken to Sarah Corlett of Planning to point this out.

Members felt that the replacement windows must be sliding sash and, preferably a 12 pane design to be similar to the originals.

8.  PLANNING APPROVALS

a)  08/2296.   3 The Chase, Ballakillowey. Mr & Mrs D Reeday.  Installation of an additional dormer to north east elevation.

Decision – Acting Senior Planning Officer.      Issued – 29th January 2009.

b)  08/1840.  Fairfield, Ballafesson. Mr J Driver.  Erection of a timber cabin to replace existing shed.       Conditions include – 3. The approval is granted on the basis that the water discharged from the roof of the new structure will be collected in water butts as indicated by the applicant in his letter of 14th January 2009.   Decision – Acting Senior Planning Officer.   Issued -  29th January 2009.

c)  08/2272.  Sound Farm, Sound Road, Cregneash. Mr W Callister.  Erection of a replacement lean-to barn.   Conditions include – 3.  The cladding on the new extension must match the colour of the material on the existing clad barns within the farm complex.

Decision – Acting Senior Planning Officer.          Issued – 4th February 2009.

9.  PLANNING REFUSALS

a)  08/2246.  Field 410891, Surby Road, Surby. Mr N Saunders.  Approval in Principle for the erection of four dwellings.

Reasons for Refusal:- 1.  The site is not in a location where the services and amenities of a larger settlement – public transport, shops, employment etc are available and th increase of three dwellings above the number recommended in the Local Plan is considered inappropriate and would represent unsustainable development, contrary to the spirit of the Strategic Plan.  2.  The Site is not considered of a size satisfactorily to accommodate four dwellings without either appearing inappropriately cramped for the prevailing existing development in the immediate vicinity and/or being uncomfortably close to existing properties and adversely affecting the amenities of those living therein.

Decision – Planning Committee.    Issued 2nd February 2009.

10. PLANNING APPEALS

a)  08/0908.  Land at Bradda View, Ballaillowey. Hartford Homes Ltd.  Residential Estate of five dwellings with access road, drainage and landscaping.

The Appeal Hearing would be held 9 30am 24th March.

RPC had not opposed this application. However, a letter from Mr & Mrs Faragher, Ballakell had been received and it was they who had requested the appeal on the grounds that the large house on plot 5 – right behind their house – would be overbearing.  They  requested that someone from RPC come and have a look.  They had already had Phil Gawne there and he had given them a letter of support.

It was agreed that the Chairman would go to see the Faraghers and the matter could then possibly be reconsidered.  The Chairman would phone them very soon to make arrangements to visit them.

11.  COMPLETION CERTIFICATES     none

12.  OTHER PLANNING MATTERS

a)  Homefield, The Level. (the old shop)

The new owners had taken out the shop window and the other windows.  Copy of letter from Planning Enforcement Officer to MP Associates:-

‘Refurbishment work to property and rebuilding of boundary wall, Homefield, The Level, Colby.

Further to my site visit and my conversation with your office yesterday I confirm that Class 21 of the Town and Country Planning Act (Permitted Development) Order 2005 allows for the installation of replacement windows and doors but not in a property which was substantially constructed before 1921.  As Homefield was built in the 1800’s planning approval is required for the replacement windows, the removal of the bay window structure and the bricking up of the opening to form a window.

I can confirm that Part 2, Development Control at 6, Meaning of development of the Town and Country Planning Act 1999 that the carrying our for the maintenance , improvement or other alteration of any building of works which affect only the interior of the building, or do not materially affect the external appearance of the building, and are not works for the alteration of a building by providing additional space in it underground do not require planning approval.  If it is intended to alter the external finish to the walls that too will require planning approval.

The application being retrospective should be received before 5th March 2009 and all further work on the windows and external appearance of the property should cease pending the outcome of the application.  I would also suggest that before deciding on what windows to install or having the windows made that you seek advice from the planner for the area Miss S Corlett 685906.       S.Olsen.’

This was noted.

b)  Ballarock, Ballakillowey Road. Erection of a garage field 410268. Mr A Costain.

Received – copy of letter from Planning Enforcement Officer to Mr A Costain, owner of Ballarock:

‘Further to our exchange of emails on 8th December 2008. Firstly, I do apologise for the delay there has been in writing to you which was beyond my control.  However, I can now advise that the Directorate has sought advice regarding the location of the garage and the extent of the curtilage of the dwelling at Ballarock.

It is usually as matter of fact and degree in these cases and although not every part of every garden can be said to be within the curtilage it has been determined that on balance that the site of the garage is within the cartilage in this particular case.

In my views therefore the garage will fall within Class 19 of the Town and Country Planning (Permitted Development) Act 2005.

However, I confirm that any proposed driveway to the garage and any turning area in front of the garage will not form part of the Permitted Development and will therefore require planning approval.’  S Olsen, Planning Enforcement Officer.

This was noted.

13.  ANY OTHER BUSINESS

a)  Attendance Allowance.

The Clerk reminded Members that anyone wishing to claim this should do so before the Year End.  Mr Tinkler indicated he may make a claim.

14.  DATE OF NEXT MEETING     18th March 2009.

Present:-  Mr A Tinkler (Chairman), Mr P Gunn (Vice-chairman), Mr P Vernon, Mr D Cain, Mr D Radcliffe.

 There were no members of the public or press in attendance

1.  MINUTES:  The Minutes of the Meeting held Tuesday 16^th December 2008, having previously been circulated were taken as read and agreed a true record. 

 2.  MATTERS ARISING

 a)  Governor’s Visit

Visit to the Calf. 

The Clerk had written to Mr Quayle, Commissioner of the Northern Lighthouse Board regarding permission and access to the ‘newest’ lighthouse.

No reply had been received from MNH.   The Clerk was to write again.

b)  Southern Area Plan

Letter from Emily Curphey, Planning Policy Officer:‘

‘I am writing to you to invite you and the Commissioners of Rushen Parish to become involved in an exciting community engagement project we are planning to undertake in relation to the Area Plan for the South.

Work on the draft Plan is progressing well and we have had a good response from the public to date on both the initial public leaflet and the Issues and Options report.  However we feel that the input of some further information will assist in the production of the Draft Plan.  We would like local people to now tell us about their communities and the settlements they live in, what are its strength and what would make it a better place to live and work in, if more development was to occur in the local area where would it best be located and integrated and how would the settlement have to evolve to provide for the development.

In order to achieve this we have begun to devise a programme of events which will take place throughout the Southern Area, with one event taking place within each Local Authority Area.  At this event we will present the key facts relating to that Local Authority Area, this will include information on:

• Population
• Housing numbers
• Local schools and their current capacities
• Range of facilities available within the local area for the community (this will be based on the very helpful contributions to the Audit of Community Facilities)
• Transport network
• Employment and retail facilities

We are contacting you as we would like to involve the Local Authority Commissioners in the events.  You can become involved by:

• Checking and agreeing the factual information relating to your Local Authority Area (as attached)
• Working with the project team (consisting of officers from DLGE) charged with organising the events on the preparation of display material
• Informing local residents about the forthcoming events and encouraging them to attend and get involved
• Attending the events yourself and assisting in explaining about the plan preparation process and encouraging people to respond and provide information.

The events that we are planning are to be held in the early part of 2009 (provisionally at this time the first three weeks of March) from about 12-7 30pm as we feel that this timing will allow most people to be able to attend.  The format that we have devised is very informal, using information boards to give people the key facts and the issues as we see them and then some interactive elements to enable the public to impart their views and knowledge.  On hand to assist will be a number of officers from both the Planning Directorate and the Estates and Housing Directorate.  These officers will be there to aid understanding and to encourage people to get involved in the process.

I hope you feel that this is a worthwhile exercise and one in which you can become involved.  If you would like to become involved then please contact me or one of my colleagues within the Planning Policy Team to find out more details.’

RUSHEN’S MEETING would be on 6^th March at Ballafesson Hall.  The Clerk had booked the Hall for them.

RUSHEN PARISH KEY STATISTICS had been included in the letter for checking for accuracy:-

Population       

1,591.                        Main population centre is Ballafesson (460)

Housing

Resident households = 651

Number of Public Sector houses = 43 (within Ballafesson)

Schools

Primary School = Rushen School (although some of the Parish is within the catchment for Arbory School)

Capacity at Rushen School = 350       Current roll = 284

Secondary School = Castle Rushen High School

Capacity = 1,050   Current roll 936

Community and Recreational Facilities

Focus for indoor facilities on the Ballafesson Church Hall and Rushen School Hall.  Access to playing fields at Rushen School and the playing field at Fairy Hill.

Port Erin Health Centre is located within the Parish.

Transport Network

Rushen is served by two secondary links the A7 running east west through the Parish and the A36 running north south.

There is a regular bus service running through the Parish linking the main settlements

The Clerk would check these and reply.

National Heritage Area  nothing further on this.

c)  Estimates for 2009/10.

Each Member had been given a 9 month Report on income and expenditure and also a copy of the ‘probable income’ for 08/09 so that the Estimates for 09/10 could be considered.

Estimates:-  Initial consideration – to be finalised at February Meeting.

d)  Review of Planning System.   Nothing further on this at present.

.

e)  DoLGE/Local Authority issues

None at present.

f)  Waste Management and Refuse Collection

Collection changes for Christmas and New Year.  Jones Services had put notices in The Courier for two weeks and the Clerk had put notices up around the Parish and had put a message on the answerphone to give out the information.

There did not seem to be any problems with the collections.

Island Refuse Collection Forum.  Refuse Collection Survey to be returned by 30^th Jan.  It was agreed that the Clerk should complete and return this.

g)  Lighting

Proposed light at The Level, near Pump Street  - Mr Cain had taken notices to the houses in the immediate area asking for views.  There had been no objections so it was agreed to instruct the MEA to install the light.

Light by 18 Bradda View (Victorian type).  The price for a replacement fitting had been given as £550 plus VAT.  When the Clerk had confirmed with MEA to go-ahead it transpired that the wrong price was quoted -  it would now be £795 plus vat (not £550 as previous agreed quote)  This price had been circulated all Members and agreement reached.  The MEA had been instructed to install it as soon as possible.

h)  Various grass cutting areas

There was nothing on this at present.

It was agreed to have the mower serviced as it was not done the previous year. The Clerk was to arrange this with Isle of Man Farmers.

i)   MNH

Mobile phone coverage - nothing further on this but the Clerk was to write to Cable and Wireless to ask of there was any progress.

Possible demolition of lighthouse on the Calf.  nothing further.

j)  Traffic

Plantation Hill.  Nothing had been done yet regarding the signage and lines which DoT had said would be done.  The Clerk would raise this at the Traffic Meeting the following week.  Also to be brought up was the high hedge partly overgrowing the road on Surby Road.

Next Meeting – Wed. 28^th Jan.  9 30am at  Halle McClaig, Ballabeg.

k)  Police

Next Meeting 2pm Thursday 22^nd Jan.

Mr Cain asked for the camper van which is parking on the Howe Hill be mentioned.  It is parking well away from the other vehicles which park there and is quite dangerous.

l)  Southern Civic Amenity Site

Mr Cain said that there had not been a meeting since last month.

m)  Litter, fly-tipping, beach cleaning, dog fouling

Dog bins – These had arrived.  It has been suggested again to the Clerk that one be put between Ballachurry and the Ballakillowey roundabout. Jones Services were to be asked if that would be on their route.

Mr Radcliffe was to put one up on Qualtrough’s Lane, near the phone box.

Litter bin for Sloc Picnic area. This had arrived.  The Clerk reported that she and Mr Kelly had been to look at the old one.  The concrete base was cracked and the base of the old bin still bolted in.  However, it was full of rubbish and dirty water and, as they did not have gloves and bags with them they did not empty it out for further investigation.  They would make further investigations and put the new one up in due course.

Beach cleans -.

CRHS –  Sue Messenger offered two dates – 31^st Jan & 27^th Feb.  Both the Chairman and Vice-Chairman had thought them too early in the year when asked by the Clerk. Sat. 14^th  March had now been confirmed as the date when they would do this. They already had the bags and gloves which the Clerk had given to them earlier.

Fly tipping – The Clerk had received a report that there were several bags of clothes tipped in the stream below the Playing Field, also a child’s bike.  She and Mr Kelly went to have a look and removed the bags and bike and also the tents and sleeping bags, etc which had been left on the Playing Field (not erected) for a few months. As these had not been claimed and they were soaking wet and obviously abandoned, she had taken the decision that they should be dumped.  They were all taken to the Amenity Site.

n)  Ballafesson Playing Field.

Fly Tipping – see above.

The Clerk asked if it was envisaged that any equipment, tables, etc would be installed for the forthcoming year  - any expenditure would have to be allowed for in the Estimates.  It had been mentioned that swings of the more rustic type would probably be well used.  Mr Radcliffe and the Clerk were to look into the cost of these. 

o)  Car Park, The Howe  Nothing at present.

p)  Hedges and Verges

Mr Vernon declared an interest and left the room.

High Hedges – complaint regarding high hedge on land belonging to Moorescroft, Surby Road.  Mr Vernon was the complainant and had followed all the procedures required under the Act.  As Wing-Commander and Mrs Felton had not replied to Mr Vernon nor made any attempt to lower the hedge it was now left to Rushen Parish Commissioners, under delegated responsibilities, to take the case on.  Mr Radcliffe and the Clerk, together with Mr John Rimington as independent advisor had visited the site.  The  written Report had now been received from J Rimington and it was his advise that action could be taken under the Act.  It was agreed that Rushen Parish Commissioners should now progress this and the Clerk, as Case Officer, would do this. The Chairman was to approve and countersign the Remedial letter.

The hedge in question was also growing over the MEA wires.  Mr Radcliffe said that he had been speaking with the MEA very recently and they were aware of the situation.

The hedge was also causing a danger to traffic on the road as higher vehicles were having to drive in the middle of the road to avoid being hit by the hedge, causing a danger to oncoming traffic coming down the hill.

These two matters were not part of the High Hedges action proposed but needed dealt with separately.

Path from Qualtrough’s Lane to Radcliffe’s Close.

This was now being cut back.

Mr Vernon returned to the meeting.

q)  Signs,     Honna Road -received.  The best place was considered to be on the wall of Moorescroft and the Clerk was to contact the owners.

r) Municipal Association

Their next meeting would be on 29^th January – the same night as the Ballakilley Public Meeting.  Mr Gunn would, therefore, not be attending.  He would give his apologies.

s)  Southern Swimming Pool.  Mr Radcliffe said there was nothing to report.

t)  Southern Health Care Committee

Mr Tinkler reported that the AGM had been held the previous week.  Quintin Gill MHK had been elected Chairman, Mr Tinkler was re-elected as Secretary. The Minutes for their last two meetings would be circulated soon.  They had allocated various funds – £2,000 to each of the three Surgeries in the south for healthcare equipment and £500 to Southlands.

u)  Rushen Ambulance Committee

.Mr Vernon said that there was nothing further regarding an AGM being held.  He had made queries regarding the use of the Ambulance.  There were seven first responders.  The ambulance was dispatched by Central Emergency Control.  If an official ambulance can’t attend a situation then they call the Rushen Ambulance.  However, they can’t be called out to attend to anyone under 14 years old, nor to a road traffic accident.   It depends on the controller who is on duty at the time.  From the 1^st – 7^th July they had attended seven calls.  Mr Vernon said he disagreed with Rushen Ambulance bolstering up the Official service instead of them providing sufficient ambulance cover.

v)  Marashen Crescent Housing

Mr Vernon reported that they would be going to Treasury very soon to apply for the funding for the project at the Four Roads.  There had been delays and two neighbouring properties had been purchased and the designs for the site had been changed to take into account the extra space acquired.

w)  Web Site

The Clerk was to contact Nick Thornley to see when he was next on the Island so that he could provide the training so that she could be updating the web-site herself.

x) Golden Jubilee Trust

Mr Radcliffe said there was nothing to report on this.

y) Risk Assessment

The Clerk had not contacted Mr Hornsby yet but would do so and ask him to come to the next meeting.

z)  The Craggs, Howe Road.

The work was still ongoing.  Mr Cain said that a piece of the scaffolding had blown off and damaged the roof of the Chapel next door.

aa)  The land in front of Hillcrest, Cregneash.

Mr Tinkler had spoken with Mr Qualtrough about this but there was nothing further happening.  Mr Cain had also spoken to him and said he may cut the grass for him and suggested that seats could be put there.

ab)  Qualtrough’s Lane.  

The vehicle was still there.

ac)  Allotments

Letter from Port St Mary Commissioners – from Deputy Clerk addressed, once again, to ‘The Chairman’.

‘Thank you for your Board’s response, received on 25^th November 2008, to our letter of 14^th November 2008.

My Commissioners have asked me to thank you for Rushen’s confirmation that they wish St Mary to accommodate Rushen residents in any allotments provision in the area.  Port St Mary Commissioners feel it would be constructive and helpful at this stage if they could meet with Rushen Commissioners.  To this end, my commissioners have asked me to contact you to ask if they could meet with you, and members of your Board on 21^st January 20028 at 7.00 p.m. to discuss the allotment arrangements.

The items that Port St Mary Commissioners would like to discuss are:

1.         Appropriate Section 6 Local Government Act arrangements to provide the        allotment facilities for Rushen residents;

2.         The amount of involvement Rushen Commissioners would like with the Allotments Committee required under the Allotments Act 1928;

3.         Any items Rushen Commissioners would wish to see incorporated into the Port St         Mary & District Allotment Society Ltd’s draft Rules.

4.         Any other items Rushen Commissioners would like to discuss with Port St Mary            Commissioners I relation to the provision of allotments to Rushen residents.

If the proposed date would be inconvenient for Rushen Commissioners, please let me know so that alternative dates can be obtained from my Commissioners.’

The Clerk had contacted Brian Kelly, the Clerk, regarding the date for a meeting and he suggested 14^th or 28^th would suit them.  The Clerk had circulated these dates to Members but, due to other meetings and commitments it had been decided to leave it until February.

Subsequently received – email from Brian Kelly, Clerk to PSM, Draft Allotment rules, Memorandum of Association, Articles of Association.  The Clerk had given the Chairman and Vice-Chairman a copy and all other Members had been emailed the information in the few days prior to the meeting.

The Chairman said that he had been speaking to Mrs Sinfield, Chairman of Port St Mary Commissioners and to Mr Kelly, their Clerk.  They had arranged a meeting for Friday 30^th January at 4 30pm at Port St Mary Commissioners’ Office.  He said that Phil Gawne MHK had met with some of the residents of Mount Gawne Road  and Port St Mary Commissioners.  Mr Tinkler had spoken with Mr Gawne and he reported that there had been a constructive meeting.  Mr Gawne had told the residents that they were well advised to speak to RPC to air their concerns.  (these people had already contacted RPC twice).

Mr Tinkler reported that Mrs Sinfield and PSM’s Clerk had informed him that :-

there were no planning issues; no change of use required as it was agricultural.

Therefore RPC can agree or not to be involved.  Port St Mary recommended a Joint Committee.  Rushen Commissioners would not be involved in any expenditure.

Port St Mary Commissioners were leasing the land to the Allotment Society who would be taking care of all the administration and management.

If RPC did not agree to be involved then they would have to make their own arrangements for allotments.

Mr Tinkler said that RPC need to decide if they got involved.  They could co-operate or make arrangements for their own residents.  If they wanted more information they should meet with PSM Commissioners.

Emails had been received from Mr & Mrs Collister and Mr & Mrs Martin from Mount Gawne Road expressing their concerns about some aspects of the proposed allotments including the access being from Mount Gawne Road with the attendant problems of excessive amounts of cars parking in the road and the noise.

Mr Vernon said that seven people in Rushen had shown interest in having an allotment.  Unless RPC come up with one what other choice did they have.

Mr Gunn said that RPC had a responsibility to the people of Mount Gawne Road who were residents of Rushen.  They had concerns about the access and this should be investigated.

The Chairman said that PSM had indicated that access by the Amenity Site was not going to happen and that they were considering approaching the Costains at Moorehouse Farm.

It was agreed that Members and Clerk would attend the arranged meeting on 30^th January.  Mr Cain indicated he would be unable to attend. 

The Clerk was asked to write to PSM with the following issues which RPC would like to discuss:-  1.  What would be the cost to RPC;  2.  How would setting up the Allotments be funded;   3. What were the planning issues;  4.  Access.

ad)  Water on Surby Road.

The Clerk had written to DoT regarding this and given them the address of the owners of the field where most if it is coming from.  There had been no reply.

ae)  Housing.

Housing Consultative Conference on Friday 6^th March at Mount Murray.  PV & GK confirmed to attend.

af)  Rating objection – Ballarock, Ballakillowey.

Decision received.     The re-valuation would stand.             Noted.

ag)  Regeneration of Towns and Villages.                                                                     

Nothing at present.

ah)  IOM Children’s Centre – Leadership in the Community.

There was no interest in this at present but may be at a later date.

ai)  Building work at Ballachurry.

There were still some vehicles parked on the road.  The new entrance, on Ballafesson Road, was now under construction.  This would affect the parking of cars on the corner (which had been an ongoing complaint from a resident who has to walk there in the dark).

aj)  Ballakilley Working Party.

Public Meeting at 7 30pm on Thursday 29^th January in the Infant’s Hall, Rushen School. 

Meeting of BKWP Members 22^nd January to finalise arrangements.

ak)  Land at Carrick Bay View.

Reply now received  from Martin Grant Homes.  ‘Ensign Group Ltd are happy to transfer the land marked green to the Commissioners and to pay your reasonable legal costs in completing this.  If this is acceptable would you please advise me of the name and address of the solicitors who will act for you on this matter.  Our solicitors are Mark Moroney Associates’.

It was agreed that RPC progress the transaction and that Judy Thornley, Advocate, should act for RPC.

al)  Dilapidated Buildings.

The Clerk had contacted Juan Watterson about this and he was holding a working party meeting on 29^th January.  He thought he had contacted Rushen Commissioners but this was not so.  The Chairman had asked him to change the date of the meeting as it coincided with the BKWP Public Meeting but he was not doing so.

His email said:-

‘The issue of dilapidated buildings has been a running sore with DLGE and Commissioners over many years.  I would therefore like to set up a working group in an effort to try and find the root of the problems that we all have in trying to resolve the issue of problem buildings/owners. The cause may be legislative, officers, working practices – I don’t know yet.  As a political member within DLGE, I am happy to take constructive feedback of the Department if it is required, indeed some of you will be aware that I have put a paper to the Minister on this subject already.  As a next practical step, if you would like to be involved with this group, can I suggest that you nominate one commissioner to become a member of the group.  This still ensure that the group is small, focussed, and is politically accountable in each Local Authority and at DLGE.  If we feel officers should attend meetings, we’ll cross that bridge when we come to it.

Can I ask you respond to me after your next meeting along the following lines:

Whether you are interested in participating (if not, why not)

Which Commissioners you have nominated, and contact details for that person. (I have no problem with alternates etc, but am looking for a small consistent team).

Availability for the evening of 29^th January for the first meeting

Although there would be no attendance at his meeting, due to all RPC being at the Ballakilley Meeting, the Clerk was to write to inform Mr Watterson that Mr Peter Vernon would be their representative on any future meetings.  Mr Vernon had been interested in the dilapidated buildings problem, especially those belonging to Government such as the Marine Biological Station and Strix in Port Erin.

Am)  Christmas Tree for the Parish – 09

Mr Cain and Mr Vernon were looking into this.

3. Revenue, 4 Accounts for payment, 5 Financial Situation – details available at the Office.

6.  CORRESPONDENCE

a)  Isle of Man Safeguarding Children Board.

Letter from Carol Beck:-

‘It was very obvious from the many responses we received that, knowledge of the Safeguarding Children Board and its remit, it extremely sparse.  As a result of this, we intend to organise regional meetings, which will inform Commissioners about this very important work.  The Safeguarding Board will replace the IOM Child Protection Committee, its aims being to have multi agency input and information sharing.  This is very important for the children of our Island, I am sure you will agree, particularly after the recent “Baby P” incident in the UK.  Would you be kind enough to indicate by letter or e-mail to me, whether you would be prepared to attend a regional meeting?  Once we have the responses we can then get on with organising dates, times and venues.  Thank you in anticipation of your help in this matter.’

Members indicated they may be interested in attending.

b)  Civic Services.

Arbory Commissioners – Sunday 1^st February. 10 30am at Arbory Parish Church and light refreshments afterwards.    Mr Tinkler and Mr Gunn indicated they would attend.

Malew Commissioners – Sunday 15^th February.  3pm at The Abby Church, Ballasalla.

The Chairman was to attend.

c)  Asbestos Awareness for Local Authorities, etc.

H & S Inspectorate has organised two free briefing sessions using a specialist from the asbestos industry.  This was held on Wed. 21^st Jan.  No-one from RPC attended.

d)  War Memorial Preservation Society.

Letter asking for information regarding when Memorials were erected, dedicated, cost, service sheets at ceremonies, etc.

A reply to be sent that RPC did not know anything further about the Parish Memorial.

e)  Road Transport Licensing Committee.

Applications, decisions and notices.                                           Noted.

f)  LinC (leadership in the Community) Letter from Juan Watterson MHK

He enclosed a letter from the IOM Children’s Centre.  Urging you ‘to consider if this course is for you should you wish to further develop your leadership skills’. The course is for those involved in voluntary work as well as those who feel they have something to offer.                                            Noted.

g)  DAFF Marine Nature Reserve Project – Community Meetings.

Letter from Senior Wildlife and Conservation Officer – Marine.  DAFF had recently begun a three year project to identify and establish a Marine Nature Reserve that would protect the marine environment whilst also safeguarding fishing and other important marine industries and activities around the Isle of Man.

They were holding meetings around the Island to give residents the opportunity to participate in the project and hope that local authorities will take an active role and that a representative will be able to attend one of the meetings.

The meeting for the south was at 8pm on Thursday 29^th January at the Erin Arts Centre.  (the same night at the BKWP Public Meeting) but there would also be another one in Port St Mary on 25^th February at Mount Tabor.

They would be asking opinions on important decisions such as how to go about choosing the best possible site and what information is needed to inform that decision.

Members were unable to go on the 29^th but would possibly attend the one in Port St Mary.

h)   Defamation  issue – Letter from Onchan Commissioners.

They had consulted with advocates Quinn Kneale regarding possible defamation against an individual Member and have sent a copy of Quinn Kneale’s advice which they felt may be of interest to other Local Authorities.

Mr Gunn took this to look at and would advise the Board on its contents at the next meeting.

i)  ‘Beating the Bounds’  letter from Phil Gawne  (enclosing a letter from Tony Kneale (living in Edinburgh) who would like to bring back the ‘beating of the bounds’ – 24^th May 2011 will mark the 100^th anniversary of the last occasion of the ceremony of beating the bounds between the Ecclesiastical Parishes of Arbory and Rushen.

Members felt that this was a good idea and the Clerk was to reply accordingly to Mr Gawne,

7.  PLANNING APPLICATIONS

a)  08/2246.  Field adjoining the front of Surby Mount, Surby.  Nicholas Saunders.

 In Principle  application for erection of four dwellings.  (This land is zoned for one dwelling on the Arbory and East Rushen Plan).  Received – copies of three letters of objection sent to Planning by neighbours.

Members felt that four houses would be overdevelopment of the site also that additional houses would increase traffic on a narrow road.

b)  08/2272.  Sound Farm.  Mr W Callister. Replacement of lean-to building with purpose built lean to barn.

No objections.

c)  08/2296.  3 The Chase, Ballakillowey.  Mr & Mrs Reeday.  Dormer window in north east elevation to create shower room.

No objections.

d)  09/0004.  Chapel Cottage, Croit-e-Caley.  A & M Jones.  To replace aluminium top opening window frames with sliding sash windows in either wood or uPVC.

No objections.

e)  09/0035.  Ballavayre Farm, Ballakilpheric Road.  Hintock Ltd.  Porch and new uPVC sliding sash windows.

No objections.

f)  09/0036.  Scholaby Mill, Ballakilpheric Road.  Hintock Ltd.  Convert Mill into dwelling – Reserved Matters application.

No objections.

g)  Field 1388, Glendown Farm, Truggan Road.  DH & JM Cain.  In Principle.  Application for erection of agricultural worker’s dwelling.

Mr Cain declared an interest and left the room.

No objections.

8.  PLANNING APPROVALS

a)  08/2079.  Thie Grianagh, Honna Road.  Mr C Smith.  Installation of dormer to rear elevation, installation of roof lights and replacement front door and window.

Conditions include 3.  The new dormer window must be fitted with glass obscured in Pilkinton Level 5 or equivalent in order to avoid overlooking of the property of Cill Airne.  Such glazing must be retained in perpetuity.

Decision – Acting Senior Planning Officer.    Issued 29^th December.

b)  08/2112.  Dwelling adjacent to Scholaby Mill, Ballakilpheric. Hintock Ltd.  Reserved matters application for reinstatement of residence and extension of track to mill.  

Conditions include – 3.  No development may be carried out until such times as a survey for the presence of bats has been carried out by qualified personnel and appropriate measures taken to avoid damage to any bat roost or the bats themselves which may be found on the site and which are protected under the Wildlife Act 1990.  

Decision – Acting Senior Planning Officer.     Issued 14^th January 2009.

c)  08/2099.  High Mount, Ballakillowey Road.  Mr M Wilby.  Alterations, extension and widening of existing driveway.

Decision – Acting Senior Planning Officer.       Issued 14^th January 2009.

d)  08/2179.  Cooil Injil, the Level,  T Murphey & P Carswell.  Alterations and erection of extension.

Decision -  Acting Senior Planning Officer.  Issued 16^th January 2009.

9.  PLANNING REFUSALS       none.    

10.  PLANNING APPEALS

REQUESTED:

a)  08/0908 Land at Bradda View.  Hartford Homes.  Residential Estate of five dwellings with access road, drainage and landscaping.  An Appeal has been requested against the decision to approve this.  14 collated sets of submission of case required by 16^th January.

RPC had not objected to this.

b)  08/2015.  Homefield, The Level.  Raven Hill Resources Ltd.  Demolition of existing shop and dwelling and erection of two semi detached dwellings with associated parking.  This was refused.  The developers are requesting an Appeal.  7 collated sets of submission to be received by 19^th January by Planning Appeals Secretary.

Homefield, The Level.

The Clerk had spoken with some men who were working there.   She asked what they are doing to it as the PA has been turned down.  They indicated they were going to keep it as a single house and had taken out the shop window so that they could put an ordinary window in.

11. COMPLETION CERTIFICATES     none

12. OTHER PLANNING MATTERS   none.

13. ANY OTHER BUSINESS

a)  Post Box at The Level.

This had been situated by the former Level Garage Site.  The Clerk received a phone call from a resident saying that it had gone – ‘a sewer had collapsed and the box had fallen into it’.  She went to investigate and found that the area was fenced off because of sewer works and there was no post box.  She rang IOM Post and eventually spoke with Doug. Corkish who told her that it was only temporary.  She told him part of the problems there had been with planning and the builders and also that a post box was needed on that side of the road as the people from Croit-e-Caley, especially the old people, can use it without having to cross the busy main road.  There had now been a post box put on the main road, by the bus shelter, and the Clerk was told it was only temporary.  However, the builders did not appear to be making any moves to fill in the sewer and take down the fencing put around.it before Christmas.

An eye was to be kept on this as Members wanted it put back to where it was.

b)  Flooding on the pavement and road between Ballachurry and the Ballakillowey roundabout.

The pavement and the width of the road had been flooded with water from the field.  The Clerk had contacted DoT and they said that, since the gas pipe was installed, the flooding has become a lot worse and they thought that the work must have affected the drains.  They were still investigating.

This was noted.

c)  Arbour Week

Mr Cain said that there had been an article in the newspapers regarding Arbour Week.  DAFF were offering to supply trees.  The Clerk was to enquire whether they could supply a tree for the Green at Croit-e-Caley.  She was to enquire what sizes were available as it would need to be a good size – not a small one.

14.  DATE OF NEXT MEETING   Wednesday  18th February. 

Mr Vernon gave his apologies as he would be off the Island.

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

 1.  MINUTES:  The Minutes of the Meeting held Wednesday 19^th November 2008, having previously been circulated, were taken as read.  Mr Cain requested, and it was agreed,  that in ‘Other Planning Matters’ 12 b) the statement with regard to the planning application for new windows in Ballafesson Chapel, that ‘it was believed from speaking to some members of the Church’ should be deleted and it should read ‘it was noted’.  The remainder to the Minutes were agreed a true record and signed by the Chairman.

2.  MATTERS ARISING

a)  Governor’s Visit

Visit to the Calf.  The Clerk had written to Government House regarding the proposed visit.

She had also written to Ann Kaye, who had replied regarding the suitable tides on the dates proposed by Government House.  April 30^th seemed to be the most suitable day for the tides. The party could leave Port St Mary any time after 13.00 and return any time up to 18.30.   Up to twelve passengers could be accommodated on the boat. The other date – May 6^th was to be kept as a standby date.

The Clerk had also written to MNH but no reply received.

Mr Tinkler suggested that looking at all of the lighthouses could be part of the visit and it was agreed to write to the Northern Lighthouse Board. Mr Tinkler would give the Clerk the contact name.

b)  Southern Area Plan

More information had been requested by Planning regarding specifically which land in Ballafesson, Croit-e-Caley and Ballakilpheric Members would want to be zoned for possible residential use.

The Clerk had replied explaining that Members had not wanted to be specific about certain fields but rather the approximate area e.g. parts of Cronk-e-Dhooney, Croit-e-Caley and Ballafesson.  However, the field behind Ballachurry had already been agreed for some residential use.  The Ballakilley land would be the subject of the Ballakilley Working Party Public Meeting to be held on 29^th January and a submission regarding this land could be given after that, taking into account views given.

National Heritage Area  nothing further on this.

c)  Review of Planning System.

Deferred from November Meeting. – views were due to be given no later than 15^th December.  The Clerk had advised DoLGE that RPC’s views would be a little late.

The Clerk had included with the Agendas some guidance notes which may help Members amalgamate their views.  These were based on various views made by Members when considering planning applications in the past.  The documents were discussed and an agreement reached over the submission which the Clerk was to send in immediately.

d)  DoLGE/Local Authority issues

Review of Local Elections 2008.  DoLGE had asked for views from Local Authorities.  They thanked the Clerks for giving valuable feedback and they gave some initial comments on the views submitted:-

(from DoLGE)

‘No change required

            The current payment structure for election officials remains unchanged as they    were held by the majority of respondents as being set at an appropriate level (*         however, please see comment overleaf)

            The current 4 yearly election cycle should be retained as there was no conclusive           evidence against or in favour of a return to the old system.

Issues requiring further investigation

Possible Primary Legislative changes -

            To consider introduction of proxy voting similar to House of Keys Elections.      Section 27 of the Representation of People Act 1995 does not currently apply to     local authority elections because Schedule 1 to the Local Elections Act 1986             which applies various provision of the 1995 Act of local elections doesn’t include           Section 27. 

            To consider introducing Deputy Returning Officers – there is a provision under   House of Keys elections legislation but not for Local Authority elections –   Section 18 of the Representation of the People Act 1995 does not apply to Local             Authority Elections.

            To look at candidate eligibility.  To have more specific disqualification criteria in             Section 7 of the Local Government Elections Act 1986.

Possible Secondary Legislative Changes

Local Election Rules

            A need for standardisation of forms, details for names, addresses and information          required to be consistent with Electoral Roll details.

            Review the requirement for the period set aside for objections.  It was felt          nominations should be formally published immediately after the closing period    for submission.

Local Election Rules and Absent Voters Regulations

            Need to look at the Election timetable, all schedules for nominations and absent             voters should be the same as for the House of Keys elections.  Need to clear up    confusion about calculation of excluded days also.

*Local Election Fees

            To review the duties of the election officials and the fees associated with their     roles, particularly where one official may have more than one role during the             election process.

The review brought out a number of other issues, some of which the Department would need to consider further with assistance from other Government Departments such as the Chief Secretary’s Office, Economic Affairs and the Post Office.

There were also a number of issues for our department to consider in time for the next election.  These included issues such as creating user-friendly guides to the elections legislation regarding, providing clerks with additional information and looking at improved training for relevant election staff.

The information submitted to the Department has been extremely helpful.  There is of course much more work to do before any changes are introduced and the Department will naturally keep you advised on progress.

In the meantime, if you have any comments to add on this review please contact Stephen Willoughby, Executive Officer, Legislation and Policy Unit.’

These were noted.

e)  Waste Management and Refuse Collection

A complaint had been received by a resident with a second bin regarding the £10 per annum charge.  She said she ‘paid enough in rates’. 

Members felt that people with a second bin were getting a very good deal at present.

Collection changes for Christmas and New Year – which the Clerk had emailed to Members so that they could give out the information if asked.

Collection due on Christmas Day would be on Saturday 27^th and that due on New Years Day would be on Saturday 3^rd Jan.  Jones Services were to place a notice in the papers.

f)  Lighting

Light at The Level – The MEA had been asked for a price for putting a light on the pole by the two new houses at the old garage site.  However they could not put one there as it is a Telecom pole but could put one on the pole further down.  Cost – £550 + VAT.

The Clerk was to check the plans for the two new houses on the Level Garage site to make sure that no light was to be included in the development.

Mr Cain was to speak with the people in the area to see if a light on that pole would be suitable for them.

Light by 18 Bradda View (Victorian type).  This had been reported as not working.  The MEA had given a price for a new top or for installing a new modern light.  The residents did not want a modern light.

The price for a replacement fitting would be £550 plus VAT.

It was agreed to go ahead with the new Victorian top as the pole seemed in good condition.  However, the policy was to be that, should, in the future, a column be found to be damaged it would be replaced with a modern column.

f)  Various grass cutting areas

There was nothing on this at present.

g)   MNH

Mobile phone coverage - nothing further.

Possible demolition of lighthouse on the Calf.  nothing further.

h)  Traffic

Plantation Hill  It was not known if the lines and sign had been put there yet.

i)  Police

Next Meeting 18^th December at Castletown Commissioners Office. 

j)  Southern Civic Amenity Site

A copy of their approved estimates for 2009/10 had been received and Members had been given a copy.

This was noted.

k)  Litter, fly-tipping, beach cleaning, dog fouling

Dog bins –  ordered but not received yet.

Litter bin for Sloc Picnic area. Ordered but not received yet.

Beach cleans -.

CRHS –  had not yet done the beach clean.  The Clerk was to contact Mrs Messenger after the Christmas holidays.

l)  Ballafesson Playing Field.

Nothing at present.

m)  Car Park, The Howe    Nothing at present.

n)  Hedges and Verges

This was dealt with later in the meeting – in ‘Correspondence’ but is reported here.

Mr Vernon declared an interest in this part of the meeting and left the room whilst it was being discussed.

High Hedges 

Mr P Vernon, Kincroft, Surby Road had problems with the high Leylandii on the land belonging to Moorescroft opposite the gable of his house. He had gone through all the procedures required in the High Hedges Act but had no success with Mr & Mrs Felton.  He had subsequently submitted all relevant documents to RPC and paid the £150 fee.

On Sunday 27^th November Mr Radcliffe and the Clerk, accompanied by Mr John Rimington as consultant visited the area and measured the trees and other distances required and considered all the aspects of the problem.  They came to the conclusion that there was a problem with some of the trees taking away light from windows in the gable and the conservatory to the front of the house.  The trees in question afforded neither privacy nor shelter to the occupants of Moorescroft nor to anyone in the field in which the trees were growing.

It was recommended to the Board by all three people present at the inspection that the trees should be reduced in height (the action hedge height) to 4.5 metres.  However, this is only for seven trees opposite Mr Vernon’s house, from the gap opposite the garden gate in Kincroft  up the hill  towards Moorescroft and forming part of the boundary of Moorescroft with the main road.

To ensure that everything was done correctly the Clerk had asked the Forestry Division of DAFF for advice and spoken to Mr Peter Williamson on 27^th November.  He had looked at the trees on the following Wednesday and said that DAFF had no objection to them being reduced.  There was plenty of green growth on them below that height so they could be cut without permanently damaging them..  If they were cut below the green growth then the trees would die.

The next stage was to write to the Feltons and Mr Vernon giving details of the conclusions of the Clerk, Mr Radcliffe and Mr Rimington and the decision of the Board.

It was agreed to ask Mr Rimington for a written report and a bill for the work.

The Clerk would then take the necessary action as indicated in the Regulations.

Some of the trees were growing over the electricity wires and could affect them. 

Path from Qualtrough’s Lane to Radcliffe’s Close.

This was now in the process of being cut back.

Mr Vernon returned to the meeting and the Chairman informed him that RPC were to take the matter further.

o)  Signs,     Honna Road – ordered but not received yet.

p) Municipal Association

Mr Gunn said that he had not attended the last meeting.  However, he had attended the Energy Seminar along with Mr Vernon and the Clerk and this had been an interesting and informative meeting with Mr Rowaichi from Building Control, Ms Leslie from MEA and George Fincher.

q)  Southern Swimming Pool

Mr Radcliffe had attended the last meeting but there was nothing much to report.

r)  Southern Health Care Committee

Mr Tinkler said the AGM would be on 15^th January.  There would be representatives from the three southern practices.  Mr Tinkler would be circulating the Minutes of their last meeting when he had them completed.

s)  Rushen Ambulance Committee

Mr Vernon said there was nothing to report.  He was to seek clarification as to the number of call-outs for Rushen Ambulance there had been recently.  He had been involved in an incident where the ambulance had taken a long time to arrive and, on reflection, he had thought he should have called out the Rushen Ambulance.

t)  Marashen Crescent Housing

Nothing to report.

u)  Web Site

The Clerk was to contact Nick Thornley over the Christmas holidays as it was thought he may be on the Island then.

v) Golden Jubilee Trust

Mr Radcliffe had attended the meeting in Douglas and there was to be another in May.

w)  Accounts and Audit 07/08 & Financial Matters

The signed copies had been received from Moore Stephens and Members were each given a copy.

Risk Management  – it had been clear from the Auditors Report that  this should be done  Proof of this would be required for the following year’s Audit.  Inquiries were to be made from Mr Hornsby, who had been recommended by Arbory Commissioners

x)  The Craggs, Howe Road.

Mr Cain reported that work seemed to be going well on this.

z)  The land in front of Hillcrest, Cregneash.

.Nothing at present.

aa)  Qualtrough’s Lane.  

The vehicle was still there.

ab)  Allotments

Nothing further from Port St Mary Commissioners.

ac)  Transition Isle of Man

Nothing further regarding this.

ad)  Water on Surby Road.

Water was still running down the hill from the Felton’s field.  Mr Vernon had spoken to the tenant of the field with regard to clearing the ditch.

The Clerk was to write to the Department of Transport with regard to this problem.

ae)  Housing.

Notification had been received regarding the Housing Consultative Conference on Friday 6^th March at Mount Murray.  The Clerk and Mr Vernon were to attend.

af)  Rating objection – Ballarock, Ballakillowey.

RPC had asked for this property to be re-valued as it was rated as ‘agricultural’. 

This was being considered on written submission.  Further information had been received from the Government Valuer’s Office.  This was noted.

ag)  Regeneration of Towns and Villages.                                                                    

Mr Gunn and Mr Vernon had attended this presentation.  Mr Gunn gave a short report.  This was a Government initiative with a formal structure and local people were being involved.

ah)  Endangered Species Bill – Consultation 

This had been deferred from the November Meeting.  Members agreed just to note this and not give any views.

ai)  Marine Day.

Deferred from November Meeting.

A reply to be sent stating that no consent was required from RPC regarding the use of Bay ny Carrickey.  Also that RPC hoped to support the event.

aj)  IOM Children’s Centre – Leadership in the Community.

Nobody from RPC attended but, when they had phoned the Clerk she had requested a copy of the information which was received by email and forwarded to Members.

ak)  Building work at Ballachurry.

The Clerk had written to the developer, as instructed, to ask if the construction vehicles could be parked on site, away from the bus shelter. 

al)  Pre-School Services.

The Clerk had written to the Department of Education and received a reply from the Deputy Director.

‘..The first nurseries were opened over 10 years ago on the Isle of Man to offer part time (2 ½ hour) places to children in the year before they are eligible to join reception classes.

Since that time the Department of Education has adopted a policy of new nurseries when new schools are built; eg Ballacottier and Cronk y Berry and in areas of most social need; Manor Park and Jurby.  It remains the Department’s intention to continue to develop provision when resources permit.

Three years ago we relaxed regulations to permit schools with sufficient capacity to create Foundation Stage Units where nursery age children can work on a part time basis.  All schools were given permission to do this, space permitting.

We continue to look at our provision and try to find ways of offering the best possible option in areas of greatest need.  We are shortly to go out to consultation on Admissions Criteria for nurseries.

I can assure you that when opportunities arise we do consider all locations and are well aware of the absence of Department nursery provision in the South West although there are no plans to site another nursery at the moment.’  Stuart Dobson.  Deputy Director.

This information was noted.

am)  Ballakilley Working Party.

Public Meeting at 7 30pm on Thursday 29^th January in the Infant’s Hall, Rushen School.  The Clerk had booked the hall which had to be paid for at the time of booking – £63.

Required would be posters, article in the papers, item on Manx Radio (Mr Tinkler would give an interview), etc. Maps on boards for people to look at would also be required.

Mr Tinkler would Chair the meeting as Chairman of Rushen Parish Commissioners.

Letters to be sent to Nomads, Burial Ground Board, Rushen School, Dandara. Rushen MHKs

The intention was to give everyone the opportunity to give their point of view.

The Ballakilley Working Party Members were to hold a meeting on 22^nd January to discuss the meeting.

3. Revenue, 4. Accounts for Payment,  5 Financial Situation   are all available at the Office.

6.  CORRESPONDENCE

a)  3^rd Supplemental List 2008.

The Rateable Value of the Parish was given as £134,453 which included agricultural hereditaments (i.e. farmland)  which are only charged water charges and don’t increase the rateable income.  The rateable value on which the yearly estimates would be calculated was  RV 118,346 on 1^st  December 2008.

This was noted.

b)  Dept. of Transport /Ensign Homes- Carrick Bay View.

Department of Transport

The DoT had written to say that they had made the decision to adopt the roads and footpaths on Carrick Bay View and they would be maintaining them in the future.  On the map it was shown that they were taking over the two small areas of land inside the entrance, also the ‘landscaped area’ on the right hand side of the road by plot 8.   They were not, however, taking over the maintenance of the ‘open space’ or any other areas. The Clerk had contacted them to enquire what maintenance they would be providing and was told that,  with regard to the land by plot 8 they would only cut back anything which overhangs the pavements – they would not maintain, weed, etc. They said that ‘The Commissioners could take it over and maintain it’.

Carrick Bay View – Ensign Homes (Martin Grant Homes) landscaped area.

They had emailed to say that the DoT had now adopted the roads and footpaths.  Also it was their understanding that once adoption took place RPC would take over the maintenance responsibilities for the open space area. 

The Clerk had asked what they had in mind – were they proposing that Ensign retain ownership of the land and pay Rushen Commissioners to maintain the land or were they proposing that RPC had outright ownership of it and therefore full responsibility.

RPC had written to them in July 2001 stating that the Commissioners would take responsibility for the open space if the land was transferred directly to their ownership and only after the completion of all landscaping and two year maintenance, as described in their planning application. 

They had replied that they agreed in principle to the transfer of the land to RPC after two years maintenance.

It was agreed that the Clerk should reply that RPC would take on the responsibility only if they were given full ownership and if Ensign Homes paid all the legal fees involved.

c)  Southlands -

Christmas card received.  Also – invitation to join the Residents, friends and Rushen Silver Band at Southlands on Christmas morning at 11am for carols around the Christmas Tree.

The Chairman indicated he may go along on Christmas morning with his daughter.

d)  Isle of Man Local Government Pension Scheme

Letter from Deputy Chief Executive.  They requested information regarding present/past employees on the scheme, copies of relevant resolution allowing employees the right to join the scheme as they would be undertaking a review of the Scheme in 2009.

As the Clerk had not been part of the pension scheme there was no information to give.

e)  Holocaust Memorial Day – 25^th January.

Invitation from Chief Minister to attend the service at 3pm at St George’s Church, Douglas.

The Chairman indicated that he would attend and would reply.

f)  Smokefree Mann   Poster received.  Noted.

g)  Road Transport Licensing Committee.

Applications, Decisions and Notices.                 Noted.

7.  PLANNING APPLICATIONS

a)  08/2112.  Dwelling adjactent to Scholaby Mill, Ballakipheric Road.  Hintock Ltd.

Re-instatement of residence and extension to track to Mill.

No objection.

b)  08/2099.  Highmount, Ballakillowey Rd.  Mr M Wilby.  Demolition of utility room.  Proposed sun lounge and utility to east elevation; loft conversion to create 2 bedrooms and bathroom incorporating dormers and roof windows; widening of existing driveway.

No objection.

c)  08/2179.  Cooil Injil, The Level.  T Murphy and P Carswell.  Alterations and extension.

No objection.

8.  PLANNING APPROVALS

a)  08/1857.  Ballasherlogue, Ballakilpheric Road.  Mrs S Cashmore.  Erection of an extension.      Decision – Acting Senior Planning Officer.  Issued 28^th November 2008.

b)  08/1470.  Ballafesson Methodist Hall.  Miss J Wilkinson.  Installation of replacement windows and doors.  Conditions include – 2) Permission relates to the installation of replacement windows as shown and described in the information and plans received on 28^th July 2008, where the glazing bars on those windows fronting onto the A32 Ballafesson Road are fitted on the exterior of the pane – those on the windows in the side and rear elevations may have internal plastic glazing bars.

Decision -  Acting Senior Planning Officer.   Issued – 26^th November 2008.

c)  08/0908.  Vacant Land at Bradda View, Ballakillowey.  Hartford Homes Ltd. Residential estate of five dwellings with access road, drainage and landscaping.

Conditions include – 3.  Prior to commencement of any works on site, those trees shown on the approved plans as being retained must be adequately protected by the erection of fencing against damage during excavation and construction works.  Such works must be undertaken in accordance with BS 5837:2005 – Trees in Relation to Construction and such fencing retained for the duration of construction works. 

Decision – Planning Committee.     Issued. 28^th November 2008.

d)  08/1938.  Shore Hotel, Shore Road.  Wentworth Enterprise Ltd.  Erection of a wind break.    Decision – Acting Senior Planning Officer.  Issued – 2^nd December 2008.

e)  Field 411077 Ballacorkish Farm.  Mr KJ Gawne.  Erection of an agricultural building.  Decision – Acting Senior Planning Officer.  Issued 8^th December 2008.

9.  PLANNING REFUSALS       

a) 08/2015.  Homefield, The Level.  Raven Hill Resources.  Demolition of existing dwelling and erection of two semi-detached dwellings with associated parking.

Reasons for Refusal:

1.  The proposed dwelling would represent a poor replication of the traditional property which is being replaced and the other buildings alongside it.  The cottages in the row have regular lines of windows in each floor – the proposed dwelling has two sizes of window in the upper floor and a wider porch than is generally the case for traditional properties.  The inclusion of toilets within the front porch structure is not likely to be particularly pleasant for the occupants of the proposed properties as the window serving these rooms are immediately adjacent to the footway.  The roof of the property is to be finished in a material that is not slate, thus not sympathetic to the streetscene and the inclusion of overhanging eaves without the kneeler stones of the adjacent properties nor dentilled cornicing on the existing property and roofing which extends beyond the gable walls, all represent features which are not found on the traditional properties alongside.

2.  The inclusion of balconies and the increase in the number of dwellings and therefore occupants of the buildings on the site will result in opportunities for overlooking and perception of being overlooked from the properties to the rear, opportunities and perceptions which do not presently exist.

3. The arrangements for parking and access are inadequate to serve two properties: the access does not provide for two vehicles to pass and the parking spaces are tandem spaces with inadequate space for vehicles to turn, thus resulting in considerable movement  and thus potentially nuisance for those in Stone House form vehicles driving and potentially reversing up and down the access road to get in and out of the site and potential for confusion and detriment to road safety when an emerging vehicle may meet one trying to access from the site.

4.  It is considered that the site is not of a sufficient size to satisfactorily accommodate two dwellings with the required access to parking.

5.  The proposed building is deeper than the existing and as such the longer western gable and greater massing come much closer to Stone House that does the existing and as such is likely to dominate the rear of this property and adversely affect the light and outlook therefrom.

6.  The application contains insufficient information to demonstrate the full impact of the dwelling in terms of any reference or information relating to the existing building and no information or drawings of the other properties in the streetscene or to the rear which are considerably lower than the application building.

Decision – Acting Senior Planning Officer.  Issued 8^th December 2008.

10.  PLANNING APPEALS

REQUESTED

a)  08/0908.  Vacant land at Bradda View.  Hartford Homes Ltd.  Residential estate of five dwellings with access road, drainage and landscaping.

An Appeal has been requested.

(A letter from Mr & Mrs G Faragher, 8 Ballakeyll had been received – regarding their objections to the application, which was permitted.  They objected to the size of the house which would be behind theirs).

DECISION

b)  08/1078.  Sarah’s Crag, Fields 411949, 411951, 414535, Fistard Road, Glen Chass

Mr F Maddrell.  Approval in Principle for the erection of a dwelling.

The Appeal has been held and the Inspector has recommended that the Appeal be dismissed.  The Minister has upheld this decision.  Therefore the Planning Committee’s decision to refuse the application is confirmed.

Inspector’s Conclusions:

‘21.  I inspected the site and its surroundings on 3^rd November 2008.  In my consideration of all the submissions and representations made, it seems to me that the main issues are: status of tholtans; whether this site constitutes a natural extension of Port St Mary; and whether there are any special circumstances applicable to this case.

22.  Tholtans are found across the Isle of Man.  Mr Maddrell claimed that it was unusual for tholtans not to be in more isolated rural areas; in that sense Sarah’s Crag was unique.  I note that tholtans have no special mention in planning policies and normally the planning policies are applied in the same manner to tholtans as to any other old rural dwelling.  I judge that making a special case for this tholtan could become a precedent for unknown tholtans in other communities in rural areas which are not identified with a special status in the Isle of Man Strategic Plan 2007.

23.  The appeal site clearly lies outside the boundary for the draft Port St Mary Village Plan.  The boundary is the river to the east of the appeal site.  I do not consider that the appeal site can be regarded as a natural extension of Port St Mary because of the intervening glen with its steep slopes.   Glen Chass has not been identified as a settlement with any status in the Adopted Strategic Plan.  From my visit, I do not consider that the appeal site lies within any grouping of dwellings nor could the site be considered as infill.

24.  I have carefully considered all the special factors raised by Mr Maddrell, but I conclude none can outweigh the presumption against development in the countryside expressed in Strategic Plan, and particularly in General Policy 3 and Housing Policies 11 and 13.

25.  The presence of the protected speckled bush cricket would not in my opinion be a determining issue in determining the appeal as I believe that some suitable habitat could be retained through an appropriate planning condition.

26.  I have considered all the other matters raised at the Inquiry and in the submissions but they are not such as to affect my recommendation.’

John Tuner – Independent Inspector.  12^th November 2008.’

11. COMPLETION CERTIFICATES none  12  OTHER PLANNING MATTERS  none

13. ANY OTHER BUSINESS

a)  Christmas Meal

It was agreed that the Chairman would arrange this for sometime in late January – possibly Saturday 24^th at the Shore Hotel.

b)  Dilapidated Buildings. 

The Clerk reported that there had been an article in the Examiner regarding Port Erin Commissioners who had been asked by Juan Watterson MHK to send a representative to the working party he proposed be set up regarding dilapidated buildings – the first meeting to be on 29^th January.

No letter or other communication had been received by RPC from Mr Watterson regarding this matter.

The Clerk was to write to ask if he had perhaps forgotten to contact Rushen Commissioners.  It was also noted that the Ballakilley Working Party meeting was to be held that night.

c)  Christmas Tree for the Parish.

It was agreed that Mr Cain and Mr Vernon would look into the possibility of having solar powered lights or battery powered LED lights so that a Christmas Tree could be put up, possibly at the Parish Church on the ‘green’ now that RPC was maintaining it.  This would avoid the necessity of installing an electricity junction box.

d)  Santa’s Sleigh

A donation of £30 t be given to Mr M Cringle towards the cost of the sweets which Santa gives to the children when he is travelling around the area.

14.  DATE OF NEXT MEETING   Wednesday  21st January 2009.

This part of the meeting closed at 10pm.

Mr D Radcliffe, Mr D Cain.

Before the meeting commenced there was a presentation by Mr Burton and Mrs Bridle from Transition Isle of Man regarding ‘peak oil’ and other ‘green’ issues.

They left at 7 45pm, when the business of the meeting continued.

1. MINUTES: The Minutes of the Meeting held Wednesday 15^th October 2008 having previously been circulated, were taken as read and agreed a true record.

2. MATTERS ARISING

a)Governor’s Visit

Thank you letters to RPC had been received and noted.

Thanks from Ballafesson Church for £200 which was for use of the hall and catering.

The Chairman had received a letter of thanks to the Commissioners from the Lieutenant Governor. He has replied to His Excellency inviting him to visit the Calf with the Commissioners. Government House contacted the Chairman to arrange a date and they suggested 30^th April or 6^th May.

The Clerk was to write with a formal invitation from the Board.

Mrs Ann Kaye of Glen Chass, one of the Friends of MNH and who provides guided tours on the Calf had been asked by the Chairman if she could do so for the Governor. The Clerk was to write to ask her.

The Clerk was to write to MNH informing them that the visit would be taking place.

There had been an article in the Courier about the visit of the Governor to the Parish.

b)Southern Area Plan

There had been an article in the newspaper regarding Heritage Homes and Ballakilley and Ballachurry land. The reporter had contacted the Clerk who, before speaking to her, cleared it with the Chairman.

National Heritage Area nothing further on this.

c)DoLGE/Local Authority issues

David Quirk MHK had asked questions in House of Keys about Local Authority Reserves. Prior to that DoLGE had asked Local Authorities to provide the information which the Clerk had done after discussing it with the Chairman.

d)Waste Management and Refuse Collection

Refuse Collection Forum. Held on 28^th October at Douglas Corporations Service Centre. The Clerk had attended and reported that Refuse Contractors had been included in this. Not many Local Authorities attended – but Ian Jones was there with her and the Peel representative. Kinrade Bros were there with Laxey and Lonan.

Ron Ellison, Senior Health and Safety Inspector from DoLGE gave a talk. Interesting to come out of it was confirmation that Local Authorities are not responsible for the Health and Safety aspect of Contractors other than ensuring that the Contract includes Health and Safety issues.

Also Pam Kermode from Public health Directorate spoke on health issues regarding collecting refuse and hazards which may occur.

Stephanie Gray said she may be able to arrange training at DTI for Refuse Contractors.

A Questionnaire re Refuse Collection Survey had been given out at the meeting.

e)Lighting

The Clerk had received a few reports of lights not working and she had reported them to the MEA.

Mr Radcliffe reported that a resident of Fairy Hill said there was a light at Fairy Hill which was on until 2 30am and this was disturbing her sleep. The MEA had been asked to change the clocks on these lights but this must have been missed. Mr Radcliffe to report the number on the light to the Clerk so she could ask the MEA to change it.

f)Various grass cutting areas

Playing Field – had now been cut as had all the other areas.

g) MNH

Mobile phone coverage – nothing further.

Possible demolition of lighthouse on the Calf. nothing further.

h)Traffic

Plantation Hill

The Clerk had contacted PSM Commissioners. on 17^th October to see if they had heard anything from DoT. Their Clerk contacted DoT to ask and had a reply from Mike Barnes, DoT:- ‘Kevin and I visited the location. I will be ordering the “No footway” warning signs and an edge of carriageway road marking shortly.”

It was agreed to wait and see when this would be done.

i)Police

Meeting held 23 October. Crime statistics had been given – 3 in Rushen

Next meeting – 27^th Nov at Malew Commissioners. Office.

j)Southern Civic Amenity Site

There was nothing to report as Mr Cain had not been able to attend the meeting.

k)Litter, fly-tipping, beach cleaning, dog fouling

Dog bins – Mr Cain indicated he had looked at the pole at the MEA substation and, as there were cables on it, it would not be suitable to put a bin in it.

Mr Radcliffe asked for a dog bin for Qualtrough’s Lane.

The Clerk would order four bins from Colas.

Litter bin – the one at the Sloc pic-nic site was too damaged to have just an inside so the Clerk was to order one.

Beach cleans –.

CRHS – had not yet done the beach clean. The Clerk was to contact Mrs Messenger.

Ian Costain, Manx Wildlife Trust – Southern members. Letter received from him.

He suggested that RPC take a more proactive approach to beach cleaning, suggesting that, for instance, RPC arrange for beaches to be cleaned after south westerly storms and they/Wildlife Trust publish a programme of events for volunteers. Members have been given a copy of is letter.

The Clerk was to write and thank him for his letter and stating that they would bear in mind what he said, monitor beaches more closely in 2009 and hoped to work more closely with organisations on a charitable basis.

l)Ballafesson Playing Field.

The Clerk reported that there did not seem to be many children using it.

m)Car Park, The Howe Nothing at present.

n)Hedges and Verges

High Hedges

Mr Vernon declared an interest and left the meeting until the discussion and decision were completed.

The Clerk reported that she had received the relevant documents regarding his complaint under the High Hedges Legislation. She had suggested, and it was agreed, that Mr Radcliffe and herself would deal with it and that Mr John Rimington be asked to advise. Mr Radcliffe would ask Mr Rimington if he could go along to the site on the following Saturday.

Mr Vernon returned to the meeting.

Path from Qualtrough’s Lane to Radcliffe’s Close. – There had been several complaints regarding bushes overgrowing onto the public path. The owner had been contacted in the past both by Mr Vernon and the Clerk but little had been done. Mr Vernon had contacted the owner again and he had agreed to cut the bushes back.

o)Newsletter Letter from Economic Affairs Division – Registration Officer, Mr Carse who had read a copy of RPC’s Newsletter and was concerned about the item regarding postal and Parish addresses and the confusion which had occurred regarding the election polling cards for some people in Ballafesson who had been sent polling cards for Port Erin and not Rushen. The item had been approved by all Members. The Clerk was to reply to Mr Carse.

p)Signs

Honna Road. The Clerk was to order a sign for this.

q) Municipal Association

Thursday 20^th Nov – Energy Seminar – Strathallan Suite, Douglas.

Mr Gunn, Mr Vernon and the Clerk indicated they would attend this.

r)Southern Swimming Pool

Mr Radcliffe reported that there was no outstanding work to be done on the project.

s)Southern Health Care Committee

Mr Tinkler reported that the last meeting was held on 30^th October. Alan Crowe, MLC had spoken and given lots of information regarding the DHSS. With regard to Southlands Mr Crowe said that, once the residents of one of the EMI Units are moved to Douglas the unit will not be staffed. (RPC had been told previously that ‘it would be used for other purposes’)

Mr Tinkler, as Secretary to the Committee, indicated that he would circulate the Minutes once he had them done.

t)Rushen Ambulance Committee

Mr Vernon said that the AGM was coming up. Also that they were now attending more incidents.

u)Marashen Crescent Housing

Mr Vernon gave a short report on the meeting.

v)Web Site

The Clerk was to ask Mr Thornley how many ‘hits’ there had been on the site.

In the New Year she was to arrange for the training for her and Mr Vernon to be able to update the site regularly.

w) Golden Jubilee Trust

Mr Radcliffe had attended this. There were some young people from Laxey there showing the mobile skateboarding facility. If RPC could suggest a useful scheme then funding could be available from the Trust.

This was to be put on the Web Site – suggestions wanted from young people in the Parish for facilities.

x)Accounts and Audit 07/08 & Financial Matters

The Accounts had been received that day for approval by the Board. They had arrived by email, which the Clerk had copied to Members, and had also printed out copies for signing The Chairman, who had been liaising with Moore Stephens, along with the Clerk and Mr Ian Lowey, disagreed with certain aspects of the accounts and would not agree, as Chairman, that they should be signed. He would contact Moore Stephens and point out the errors so that they could be corrected.

The Chairman had, however, agreed in principle that the Accounts be signed once the errors had been corrected and all agreed that the Chairman and Clerk, as RFO, should do so. It was also agreed that the Chairman sign the Letter of Representation.

The Clerk had informed Yvette Mellor of DoLGE that the accounts would be a little late and there was no problem with that.

Risk Management - Moore Stephens had pointed out that RPC needed to carry out Risk Assessment. Arbory Commissioners use the services of Mr Hornsby from Ballakillowey for this purpose.

y)The Craggs, Howe Road

Mr Cain reported that there was scaffolding going up at the house.

z)Rotary Club This was now to be taken off the Agenda.

aa)The land in front of Hillcrest, Cregneash.

Nothing further.

ab)Qualtrough’s Lane. Nothing from G Cringle yet regarding the old vehicle. The Clerk was to write again.

Ac)Allotments

Reply sent to PSM re their letter of 3^rd Oct. –

17^th Oct. ‘….My Commissioners are supportive of the provision of allotments in the south of the Island. They have, however, a few concerns about your Commissioners’ proposals, while agreeing with the principle. They are not insurmountable and are as follows:………’

We have cited – access through the gate on Mount Gawne Rd (possibly a new entrance could be made near the Amenity Site entrance), parking, allotment society, planning.

Reply received.:- dated 14^th . Rec. 18^th Nov,

The response of Rushen Parish Commissioners was considered by the Board of Port St Mary Commissioners at their meeting on 7^th November 2008.

Access. Port St Mary Commissioners are in consultation with the Department of Transport who have already indicated that they would object strongly to any proposal of a new entrance to the field onto Castletown Road. Consultations are continuing on the best solution to access.

Parking. My Commissioners are also in consultation with the Department of Transport regarding parking on the field as the preferred option of the Commissioners.

My Commissioners had understood that your Board had considered the issue of allotments in Rushen and would like Port St Mary to accommodate Rushen residents in their own plans. Port St Mary Commissioners are only too happy to assist in this matter and a number of Rushen residents wish to become members of the Allotments Society. Unfortunately, this item was not covered in your Board’s response. Accordingly, Port St Mary Commissioners would be grateful if Rushen Commissioners could confirm if they still wish Rushen residents to be eligible for membership of Port St Mary Allotments Society.’ Deputy Clerk.

The Clerk had consulted Roy Corlett of DoLGE (Policy and Legislation Manager). He had informed her that a Local Authority should only be offering allotments to people in its own area as their Ratepayers would be paying for it. The zoning of land for allotments should be included as part of the Southern Area Plan – any recommendations to allocate land for this purpose would have to be sent in immediately.

The Clerk had given copies of the Allotment Act to all Members and recommended they read it carefully.

The Clerk to write back to Port St Mary Commissioners acknowledging their letter and stating that RPC were happy for residents of Rushen to be Members of the Allotment Society at present.

ad)Transition Isle of Man

Mr Burton and Mrs Bridle had given a talk at the start of the meeting.

ae)Water on Surby Road. Sub-station.

The Clerk had emailed MEA about the problem. No reply received.

af)Addresses in Rushen.

Reply from Post Office received. All Members had been given a copy. The Clerk to write a letter of thanks for the information.

ag)Review of Planning System.

Copy of Consultation Paper and Peer Review received and Members had been informed that it could be viewed at www.gov.im/dlge/planning/plan/latesreview.xml .

The Department had published a consultation paper seeking comments on both the report and the changes which were made to the planning system in 2005. They were consulting all those who were regular users of the planning system and welcomed any comments which should be received by 15^th December 2008.

Members felt that they had not had sufficient time to read through it so it was to be considered at the December Meeting. The clerk to inform DoLGE that the submission would be a little late.

ah)Insurance

Information from Zurich (via Marsh). They were transferring a number of general insurance policies, including RPCs, to the UK Branch of Zurich (Insurance Ireland Limited (“ZIL UK”) on 1 January 2009. This was noted.

ai)Housing.

Following on from the housing meeting in September, DoLGE were arranging legal training for housing staff late November, early December. The cost would be £100 per person.

The Clerk said that she did not feel that there was much point in her attending as Rushen is only a small Housing Authority. It was agreed that she need not attend.

3/4/5. Revenue, Accounts for Payment and Financial Situation available on full Minutes.

The Clerk had prepared a 6 month report regarding the expenditure so far in the financial year, together with a copy of the Estimates for 08/09 for comparison. Each Member had been given copies of these prior to the meeting.

The Clerk reminded Members that they would be considering the Estimates for 2009/10 in December or January so they should be thinking in the next few weeks of anything extra which should be budgeted for (bearing in mind that RPC had said they expect to be keeping their rates at the same level and would be vigilant with their spending).

6. CORRESPONDENCE

a)Rating objection – Ballarock, Ballakillowey.

RPC had asked for this property to be re-valued as it was rated as ‘agricultural’. It had been used as a Care Home for a number of years. As a result of this the Gross RV had been changed from £65 to £125, making the Rateable value now £100 (£53 previously). The owner, Mr Costain, had objected to this and it had gone to the Rent and Rating Commissioners for a decision. The Clerk had, after consulting the Chairman, sent a letter explaining the reason for the request.

A letter had now been received from the Rating Commissioners stating that this could be determined by written representations providing all parties agreed.

It was agreed that this was acceptable and the Clerk was to inform them of the decision.

b)3^rd Supplemental List 2008. Noted.

c)Regeneration of Towns and Villages.

The Chief Minister and his Committee will be holding a seminar for Members of Tynwald, local authority members, local Chambers of Trade and local architects. This would be held at the Manx Museum Lecture Theatre on Tuesday 25^th Nov. at 6pm. ‘Mr Simon Quin, Chief Executive of the Association of Town Centre Management in the UK

will be addressing the seminar and will be available to discuss specific issues of regeneration with the audience.’

Mr Gunn and Mr Vernon were to attend.

d)Good Trader Scheme Consultation Paper.

Closing dates for comments 30^th Nov.

No comments to be sent.

e)Goods Vehicle Operator Licence Consultation

DoT email Note – ‘We will assume, unless you notify us to the contrary, that you are content your name and/or organisation is published in any subsequent public review document.’

Members were concerned about how the cost implications would affect small businesses and this would reflect on everyone and the Clerk was to reply to this effect.

f)Digital Switchover.

Letter from digitaluk – invitation to join them for a briefing and Q & A over coffee on 26^th Nov, 11am at The Hilton. There were no indications that anyone would attend from RPC.

g)PSM Commissioners’ Celebration of Christmas.

Invitation to join them at 7 30pm on Friday 5^th Dec. at St Mary’s Church. Noted.

h)Port Erin Commissioners’ Carol Service

Thursday 18^th Dec. 7pm at St Catherine’s Church. Noted.

i)SITA (IOM)’s Report 2007. Noted.

j)IOM Children’s Centre.

Leadership in the Community (LinC) development programme which they were to run in the South in February. To promote effective leadership and group work skills, engaging volunteers who want to work within their own communities. The southern consultation meeting would be held at 7pm on Wed. 3^rd December at Barrule House Family Centre, Ronaldsway Industrial Estate. (one hour) RSVP

No representatives to attend.

h) Road Transport Licensing Committee.

Applications, decisions and notices. Noted.

i)Endangered Species Bill – Consultation

As this had just been received it was agreed to defer it until the December Meeting.

j)Marine Day.

To be left until the December Meeting.

7. PLANNING APPLICATIONS

a)08/0908. Land at Bradda View, Ballakillowey. Hartford Homes Ltd.Amended Plans residential estate of 5 dwellings with access road, drainage and landscaping.

The plans show that on plot 5 the dwelling had been moved back.

No objections.

b)08/1994. Ballacorkish Farm, The Level. K J Gawne. Erection of an agricultural building.

No objections.

c)08/1938. Shore Hotel, Bay ny Carrickey. Wentworth Enterprise Ltd. Installation of glass panelled wind break to the front.

No objections, provided the toughened glass was considered strong enough to deal with the severe storms encountered in that situation.

d)08/1599. Glendale, Glen Chass. Mr & Mrs Collins. Amended Plans.

Members did not feel that the change in design of the large window over the proposed garage was acceptable. It was a completely different design and out of keeping.

e)08/2015. Homefield, The Level. (the shop). Raven Hill Resources Ltd. Demolition of existing dwelling and erection of two semi-detached dwellings with associated parking.

The Clerk had suggested that all Members should go and see the property before considering the plans. She had taken photographs.

The plans were considered inadequate in that there were no measurements on the plans and no comparisons in height with the neighbouring properties and it was therefore difficult to understand the impact the proposals would have on the area. There were no plans of the existing building showing its footprint. The design was inappropriate for the location. The design for the roadside elevation did not seem to be for the front of a building and the rear elevation completely different. The parking at the rear was inadequate with the exit onto the main road having poor visibility until the exiting vehicle was on the pavement. The proposed roof was of grey tiles and it was felt that this should be slate, the same as other properties in the area.

f) 08/2079. Thie Grianagh, Honna Road . Mr C Smith. Loft conversion incorporating bathroom, dormer to rear elevation and 4 roof windows to front elevation; replacement front door and window.

No objections.

8. PLANNING APPROVALS

a)08/1722. The Mount, Mount Gawne Road. Mr Allen. Installation of six solar panels. Decision – Senior Planning Officer. Issued – 17^th October 2008.

b)08/1850. Ballaman, Ballnahowe. Cheeseden Investments Ltd. Alterations, erection of extensions and alterations to driveway.

Decision – Senior Planning Officer. Issued 17^th November 2008.

c)08/1559. Glendale, Chasms Road, Glen Chass. Mr & Mrs Collins. Alterations and extension to dwelling. Permission relates to drawings received on 7^th August and 16^th October. Decision – Acting Senior Planning Officer. Issued 14^th November 2008.

9. PLANNING REFUSALS none

10. PLANNING APPEALS

a)08/774. Garthcote, Ballakillowey Road . Mr A Teare. Extensions to dwelling with new driveway and access onto highway.

Appeal Decision - ‘The Minister has considered the report, concurs with the appointed person’s conclusion, and accepts the recommendation that the appeal should be dismissed’

Inspector’s Conclusions:-

8. Having read all of the written representations, I have concluded that the main issue in this appeal is whether the proposed development would cause significant harm to the residential amenities of the adjacent residents.

9. I note from the representations that no objections have been raised to the proposed extensions. Given the location, design and scale of those proposals, I concur with that conclusion. Turning to the question of the new access and driveway, I accept that due to the existence of a ground floor window in the side elevation of Cronk Glass there may be some change in the environment for the residents of that property. However, the northern part of the appeal site is at present somewhat overgrown and unused. It would not require planning permission for the applicant to remove shrubs and use that part of the site far more extensively; it may also not need the approval of the Planning Committee to hard surface some of that land. That would result in a change in circumstances for the residents of Cronk Glass.

10. It seems that in all of the circumstances, for the applicant to create an access and driveway in that location would not cause significant additional disturbance to the adjoining residents. Furthermore, the applicant has offered to erect a fence near to the appellant’s window and lower the level of the drive. In my opinion, that would not only assist in preventing disturbance, but provide improved privacy for the appellant. However, I suggest that an additional condition should be imposed to require details of the location and height of the proposed fence, as well as the level of the driveway to be approved by the Planning Authority prior to commencement of any development.

11. I have taken into account all other maters raised in the written representations but none were sufficient to outweigh the conclusions that led to my recommendation.

Recommendation: 12. That the appeal be dismissed with the effect that the decision of the Planning Committee is upheld subject to the conditions imposed by the Planning Committee and the following additional condition:- ‘Prior to the commencement of any development, details of the location and height of a screen fence along the boundary adjoining Cronk Glass, as well as the levels of the proposed driveway, shall be submitted to and approved in writing by the Planning Authority’.

.

11. COMPLETION CERTIFICATES none

12. OTHER PLANNING MATTERS

a)08/1840. Fairfield, Ballafesson. Erection of timber cabin to replace existing shed.

Letter from Donald Stewart and Clare Williams whose property joins Fairfield. This was a copy of a letter which they have sent to the Planning. Noted.

b)New Windows, Ballafesson Hall.

No Refusal notice had yet been received but it was believed, from speaking to some members of the Church, that the new windows had been refused.

c)Field 410268, opposite Ballarock, Ballakillowey.

Copy of letter sent by Planning Enforcement Officer to Mr A Costain.

‘ re: Erection of a garage, field 41268 Ballarock, Ballakillowey Road.

Further to my visit on 27^th October 2008 I can now advise that I have placed the matter before the Acting Senior Planner. You are right in that there can be legal argument regarding where the curtilage of a dwelling-house is and a definition was cited in The Hon. David McAlpine v SOS & Another, 14/11/94. Here three small relevant characteristics of a curtilage were defined: first, it was confined to a small area about a building; second, an intimate association with land which was undoubtedly within the curtilage was required; third, it was not necessary for there to be physical enclosure of that land which was within the curtilage but the land in question needed to be regarded in law as part of one enclosure with the house.

The Directorate has considered these points in relation to the location of the garage and determined that;

(1) field 410268 cannot be considered to be part of a small area about the dwelling house,

(2) it cannot be said to have intimate association with the dwelling-house, or

(3) be regarded in law as part of one enclosure with the house,

And therefore Class 19 of the Town and Country (Permitted Development) Order 2005 cannot be applied. The garage will therefore require planning approval and I have enclosed the forms you will require.

The application, being retrospective should be received before 13^th December 2008.’

13. ANY OTHER BUSINESS

a) There was to be a Carol Service at Ballafesson on 14^th December. RPC had been invited to be part of this. They had called it a Civic Carol Service but Members felt that it should not be as that would be something that RPC would have organised.

The Rev. Bench had left a message on the answerphone but had not been available when the Clerk rang back.

Members were in agreement that they take part.

b)Ballachurry – building work.

Mr Vernon (and others) were concerned about the builders’ vehicles parking on the road at Ballachurry. There was plenty of room on the site for them to be parked and they were causing congestion at the bus stop and along the road. It was agreed that the developers should be asked to move them to inside the site at all times.

c)Sewers on St Mary’s/Truggan Road .

The Clerk brought forward an item which may be of general interest to the Members. She had received a phone call from a lady on St Mary’s Road regarding sewage on her lawn. She had contacted the Clerk in the past about this problem and she had informed her that it was her own responsibility on her land. It has happened again and the man who looked at her sewer said he thought it was the main sewer at fault – surges of water backing up her sewer pipe. The Clerk suggested she contact DoT Drainage and she had also done the same.

DoT Drainage had referred it to Port Erin Commissioners as they were the Drainage Agents for the area (the residents of that road used to pay a drainage fee to PE Commissioners)

Ms Kaighan, whom the Clerk spoke to at DoT Drainage informed her that a private sewer is the responsibility of the householder until it connects to the main sewer, even if the main sewer is on the other side of the road. This means that roads which have not been maintained or repaired adequately by contractors after they had been digging them up, could damage a private sewer without the householder knowing but, presumably, still having to pay for repairs should their sewer be damaged.

This was noted.

d)Pre-School provision.

Mr Vernon pointed out that there was no facilities provided by the Department of Education for the pre-school age children at either Rushen or Port St Mary Schools. The children in these areas had to go to Victoria Road School in Castletown.

The Clerk was to write to the Department ask why this was so.

e)Travel Watch.

Mr Vernon had attended the meeting regarding travel to and from and on the Island. His particular interest was the bus system and the possible re-vamping of the routes. This had been spoken of several years ago but nothing had come of it.

The Clerk was to see if she could find the documents relating to that.

f)School Governor – Rushen.

Mr Tinkler had been speaking to Mr Thomson, Head Teacher of Rushen Primary School, regarding the possibility of a representative of Rushen Commissioners being a Governor. Mr Thomson had told him he would look into it.

14. DATE OF NEXT MEETING Wednesday 17^th December.