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

MINUTES

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

1.  MINUTES

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

2.  MATTERS ARISING:

a)  Southern Area Plan – The Clerk informed Members that the Inspector’s Report was due out on the following Friday, after the Minister had given a statement.   It would be available on the Government Web Site.

b)  DoI/Local Authority Issues

Local Elections Legislation LA Election Thursday 26^th April 2012.  Nominations were to close at 5pm on 29^th March.

Members’ Declaration of Interests -  the record book was available for public inspection at the meeting.  None of the Members had any new entries to make at this point.

Rate Arrears – clarification from Jon Grubb had not yet been obtained.

Member of the House of Keys for Local Authorities – Richard Ronan MHK.  Nothing yet about arranging a meeting with him but the Clerk had spoken to him recently and he had indicated that there would be a letter soon.

Question in House of Keys 14^th Feb to Treasury Minister. Received by email but embargoed until 12 noon on 14^th Feb.(forwarded to Members 2 days previously)  Mr Hall MHK asked questions re local authority borrowings, to be broken down by local authorities.  i)  the interest rate spread to the reference rate; ii)  the actual interest rate; iii)  maturity; iv) the lender; v)  Government sanction for each borrowing; vi)  what security is provided to the lender.  The Treasury Minister’s response was in the email which had been embargoed.  This was noted.

c)  Waste Management and Refuse Collection

Jones Services – They had weighed the bins at the Shore Hotel, Sound Café, Southlands the School and Doctors Surgery at the Four Roads so that a sample weight could be gauged.

Bad debts –  Mr Turner had not yet paid his very overdue debt.  His new address was now known and Mr Tinkler would contact him.

Resident of Ballafesson – The debtor’s former partner, who still lived in the house had asked for the second bin to be taken away as she could not afford it and would do without.

d)  Lighting/MEA

Ballagawne Road lighting upgrading scheme.  The invoice had been received – £7,002.78 plus £1,400.56 vat.  Another invoice for £415.44 plus £83.09 vat had been received for replacement arm and fitting not included in the scheme but on Ballagawne Road.  The trees had not been cut back yet.

e) High Hedges

Ballafesson Road – speed roundels.

Ballachurry Corner

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

Speeding on Howe Road.

Civic Amenity Site lines and signs.

Nothing further on any of the above.

The Level/Croit-e-Caley. The speed of traffic.

An email had been received from the officer from Highways as a result of Mrs Scott, Croit-e-Caley’s complaints.  This was the design for a 30mph sign.

Glen Chass – sharp corner & turning circle. Cul de Sac sign.   Not installed yet.

Glen Chass Road – narrow corner.

Ballakillowey Roundabout.

Cregneash – safety of pedestrians coming to and from the car park to look at the Village. The wooden bollards had been removed.

g)  Police

The Clerk had attended the meeting on 24^th January.  Crime figures given were for 2 months as there hadn’t been a meeting in December.  Rushen had 2 crimes.

The Police asked that if anyone would be sending out newsletters could they ask people to make sure their doors were locked as there had been a few break-ins in the south – some where residents had been in the house;  also remind people to lock their cars even when they are in their drives – there has been a spate of thefts from cars;  also people should lock their central heating tanks and there are getting to be more and more thefts from these.   I have asked David to put these in our newsletter.

Events – they asked for anyone holding events to let them know as there may be a lot  because of the Diamond Jubilee and they would need to plan ahead.

The next meeting would be on  28^th February at Port Erin Commissioners’ Boardroom.

h)  Litter, beach cleans, dog fouling, etc

Dog bin on the traffic sign on the Ballachurry side of the new roundabout.  Not done yet.

Signs – Workshop for the Disabled.  The Clerk had been unable to find a contact number for them.

Beach Cleans –  nothing at present.

i)  Ballafesson Playing Field, Car Park at The Howe, Signs

The shed.   Nothing at present

Swing  & matting.  Not ordered yet.  Mr Radcliffe was to look in Wicksteed’s catalogue for the relevant swings.

Car Park, the Howe.  This was rarely empty enough for a tractor and hedge trimmer to get in to cut the hedge.  Mr Booth, the new grass cutting contractor, was to be asked to trim the hedge.

j)  Web Site

Mr Vernon confirmed that this was up to date.

k)  Southern Civic Amenity Site.

Information had been received from the Clerk about the SCAS.  The amount for RPC’s contribution to the SCAS for the forthcoming financial year would be £22,029.66 (an increase of £1,855.98).  This was said to equate to an average charge of £32.39 per household.

Mr Cain indicated that, as a Director of IOM Farmers, he had declared an interest when discussions were being held about a new digger being required.

l)  Municipal Association

Mr Gunn gave a report on the meeting.  They were considering changes to the constitution in order to encourage membership of the Association.  With regard to the Richmond Hill Consultation Committee – there were moves to try to sideline the local authorities having involvement in this.  Local Government Reform – they were going to wait and see what Mr Ronan MHK had to say when he met with them (and local authorities).

l)  Southern Swimming Pool

Mr Radcliffe said that the new Manager was settling in well.

m)  Allotments nothing further – no meeting arranged.

n)  Southern Healthcare Committee

Mr Tinkler reported as Secretary and Acting Chairman that their AGM would be held on 1^st March.  David Anderson, Minister for Health, was coming to the meeting as were representatives from the Castletown Health Practise and Mr D Kelly CEO of the Department.

p)  Rushen Ambulance

Mr Tinkler had spoken to their new Secretary Ms Elizabeth Wood.

q)  MNH

Calf of Man Shearwater Recovery Project update. The multi-agency partnership were working to complete the project in 2012 but the original January start had been delayed because of adverse weather..  They had postponed the baiting phase until the autumn of 2012 after the bird breeding season and the rats’ food supply will be running low.

r)  Risk Assessment Nothing new at present.

s)  Land in front of Hillcrest, Cregneash

Pic-nic Site, Ballakillowey. From January Meeting.   Some of the Members had not looked at this recently. They were all to look at it before the next meeting.  It would then be decided on what to write to the Department of Infrastructure as it had been felt in the past that this should be cut more often.  There was the possibility that RPC could ask Mr Booth to cut it.  The Clerk had previously cautioned Members about possible liability which could occur if they took this on and she reminded them again.

t)  Golden Jubilee Trust Mr Radcliffe said that there was nothing further on this.

u)  Unsightly buildings and land

Mr Richmond, New Dwelling/The Level House, The Level.  Email received from Phil Gawne , MHK with complaints from Mr Richmond. (forwarded to Members).

Further emails from Phil Gawne and John Howie – Environmental Health (copied to Members on 9/2).  The Officers said that there was not really a problem and it was not worse than the DoI’s depot opposite.  The Local Authority has done everything correctly.

Members felt that it was good to hear that they had done everything correctly.  The Clerk was to write to Mr Richmond and copy it to Mr Karran MHK.

v)  Sloc Sites & Seats, etc.

Chasms path –   seat and plaque.  Mr Cain said that the plaque was in place but there was no seat yet.

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

Stone –  Pooilvaaish Quarry had not made the stone plaque yet.

x)  Agricultural Rating Nothing further from the Government Valuer.

y)  Grass Cutting

Mr Booth had now signed the Contract and the Clerk had written to the other applicants telling them they had been unsuccessful.

z)  Newsletter

Mr Radcliffe had this partly compiled.  Mr Tinkler was to give him an article about the Flying Fortress crash memorial.  There was to be a piece about the Inspector’s Report on the Southern Area Plan.  The Clerk was to give more information about the Rates.

ab) Rushen & Arbory – possible sharing of services. This was to be taken off the Agenda.

Ac)  Disaster Recovery Plan

WiManx.  The Clerk had not contacted them again yet.

Ae)  Ballagawne Road – bus shelter.

The Clerk had informed Mr Stanley Clucas of the measurements and had also emailed Bus Vannin with the offer of RPC providing the hardstanding for a shelter.  No reply had been received.

Ballachurry Bus Shelter - Perspex.  Wilson & Collins only dealt with metal.  The Clerk was to ask Bus Vannan if they could supply anything which would be suitable.

Af)  Winter Concert/talk

This had been an enjoyable and informative evening and about ninety people had attended.  A total of £360 had been taken on the door.  This had been divided between Ballafesson Chapel and Rushen Endowment fund and was presented to representatives of those organisations in cash on the night.  Thank you letters were to be sent to Dessie Robinson and Michael Kneale who had both given the ‘talk’  Mr Cain suggested that, as a thank-you to Mr Kneale who was a member of Port St Mary Lifeboat crew, a donation towards the Lifeboat could be given.  The Clerk said that this couldn’t be given from the Rates Accounts but there was a possibility that it could come from the Thousla Trust if it was considered to be helping young people in the Parish.  Mr Vernon was to ask Mr Robinson to which charity he would like a donation to be given.  It was agreed that £50 to be given to each charity from the Thousla Cross Trust (see Thousla Cross Trust Minutes).

Ag)  Hedge at Garthcote & others.

Nothing further on the hedge at Garthcote.  With regard to the hedge on Ballafesson Road, the Clerk was to write to the owner asking for it to be cut back.

ah)  consultation – Draft Planning Policy Statement – Replacement and extension of Dwellings in the Countryside.

Nothing further on this.

ai)  Castletown Commissoners – sharing services.

This would now be left until after the Elections.

Ak) Zero rated properties

A letter to be sent to the Minister – Mr Cretney with regard to this.

al)  New Youth Committee. There was nothing further on this,

am)  Southern Chronicle.

The next edition would be out on 9^th March.

an)  Planning Committee.

Nothing more had been heard regarding this but the Clerk had noticed on the list that the proposed new house at Shenvalley was to be considered by the Committee.  She had not, however been able to attend.  The notice that the Planning Committee had ‘Refused’ it had subsequently been received (see Planning Refusals).

ao)  List of past Chairman.

Mr Vernon had not made any further progress with this at the moment.

ap) Memorial to wartime plane crash.

The Clerk reported that the plaque was being designed by the graphic designer that week – but there had been a delay as he was waiting for Mr Tinkler/Mr Ramsden to supply an American Red Cross logo from that era and which had been difficult to find.

Mr Tinkler had contacted the American Embassy to inform them that this memorial was being made and had spoken on the phone to the Deputy Attache who had said that he would be delighted to attend and he would come over with his wife and son.  The cost would be paid by the American Embassy.

Although it had been thought that several relatives of the crew would be coming over it now seemed that there may be only two.  There was definitely a party of 25/30 coming over in September and it was considered whether the dedication should be left until then.  However, as the Deputy Attache from the American Embassy had confirmed he was coming over in April that it should go ahead on 14^th April.  Mr Tinkler had contacted Government House to see if there was any protocol regarding the Attache.

Mr Tinkler had spoken to Rev. Shirley Bench about saying a few words at the site, as she was American, and the Clerk was to write to her to confirm this.  It was also agreed that everyone would go back to the Howe Chapel where they could chat to each other.  The Clerk was to ask Mrs Shimmin of the Chapel to ask if the ladies could provide tea and cakes.

It was to be made public that anyone who was interested was welcome to come along.  Access to the site was difficult and it was agreed that it should be from the top side.

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

Stanley Clucas CP- The Clerk had been talking to him.  He said he had contacted Port Erin and Port St Mary Commissioners to see if they wanted to combine and hold an event. He had offered the use of Ballachurry Orchard and the field alongside.  He had also offered to Chair an organising Committee or representatives from Rushen, Port Erin and Port St Mary Commissioners.  His suggestions were that Port Erin Commissioners could have a tent and have children’s painting and poetry competitions; Port St Mary could have a tent and have a historic photograph exhibition.  Rushen had offered to organise sports.     He also felt that all the children should have mugs – perhaps the Department of Education could organise this as they would know how many children there were.

It was agreed that Rushen would organise the sports for this event and that the children’s sports formerly suggested to take place in the Playing Field would not now go ahead.  Mr Cain and Mr Vernon were to be RPC’s representatives on the organising Committee.  The Clerk was to write to Port Erin and Port St Mary Commissioners.

ar)  Damaged telecom box by footpath over Meayll Hill.

The Clerk had been to look at this – it was a hole in the ground with wires and bits of broken covering.  It had ‘British Telecom’ on the cover.  She had contacted Manx Telecom to inform them that this required dealing with.

.as)  consultation – The Wild Animals Act – received from DEFA.

This is from the January meeting and having just been received Members had little time to read it.   There were no views on this to be submitted

at)  Concert at The Howe

A reply had been sent to Mrs Shimmin’s letter.  This was to be held on 6^th July in Manx National Week.  Mr Cain suggested that the organising of this should be left to Mrs Shimmin and Mrs Parsons of the Chapel.

RESPONSIBLE FINANCE OFFICER’S REPORT.

This can be viewed by looking at the Minutes at the Office – contact the Clerk on 834501/

8.  CORRESPONDENCE.

a)  Civic Services

Arbory Commissioners. This had been on 12^th February at Ballabeg Methodist Chapel – 10 30am –  Chairman had attended.

Port Erin Commissioners. Invitation to attend at 3pm on Sunday 25^th March at St Columba’s Roman Catholic Church, Castletown Road, Port Erin.  Parade to leave Commissioners’ Office at 2 30pm lead by Rushen Silver Band.   RSVP by 16^th March.  Mr Cain said that he may be busy with lambing at that time but Mr Vernon indicated that he would attend, with his wife.

Onchan Commissioners – prior notice that their Civic Service will be held on Sunday 29^th July.  Noted.

b)  Centrica energy, Windsor, Berks. (offshore wind farms)

Letter and information received (info enclosed) about the off-shore windfarms which may be developed in the Irish Sea Zone.  They are holding information days on the Island between 21^st and 23^rd February.  Ramsey on Tuesday 21^st; Port St Mary on Wednesday 22^nd – Scoill Phurt le Moirrey from 2pm until 8pm; Thursday 23^rd Strand Shopping Centre, Douglas from 11am – 4 30pm and then the Java Lounge from 6 30pm until 8 30pm.  This was noted.

c)  consultation – Road Transport Regulations.

Received by email – copy of letter had been given to Members not the Regulations which were 39 pages – they were available on the government web site.     This was noted.

d)  consultation – Proposed Statutory Documents.

Received by email – copy given to Members.  These covered several items – seizure and retention and disposal of motor vehicles; walkways memorandum; Driving Instructors; Driving ages; Control of skips, etc on highways; immobilisation of vehicles; plus others in Part 2.    This was noted.

e)  Marine conservation Update. Received by email and forwarded to Members 7/2.  Noted.

f)  consultation – New payment method for class 2 Self-Employed NI Contributions.

Any views to be sent by 2^nd March.   This was noted.

g)  consultation -  Local government Pension Scheme.

Consultation closed on 17^th February – forwarded 11/2.   Noted.

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

i)  Housing Conference 2012.

This year’s conference would be held on Friday 23^rd March from 8 45am in the Wentworth Suite, Mount Murray.  The Department covered the cost of room hire and the equipment.  Delegates were requested to make a contribution of £16.50 per person to cover the cost of lunch and refreshments. The invoice would be sent on confirmation of attendance.  Confirmation required no later than 15^th March.  Mr Vernon and the Clerk were to attend.  RPC would be paying for the meals.

j)  consultation – from OFT.  Financial Services Ombudsman.

Forwarded 4/2.  There was a proposal to increase the maximum award limit of compensation that could be made by an adjudicator  under the IOM Financial Services Ombudsman Scheme from £100,000 to £150,000.The increase applied only to acts or omissions occurring on or after 1^st April 2012.    This was noted.

k)  Natural Gas Conversion Project.

Letter from Health and Safety at Work Inspectorate.  They had been liaising closely with Manx Gas in the lead up to the forthcoming natural gas conversion program and confirmed the contact details should any health and safety related queries or complaints about the program be received from constituents or residents.  Manx Gas would have an on-site information office in the area undergoing conversion and a dedicated Manx Gas telephone number 644445 which would be open for the duration of the project.  If there were any outstanding health and safety concerns after contacting Manx Gas  RPC should call or recommend making a call to the HSW on 685881 or contact by email on worksafe.doi@gov.im.     This was noted.

PLANNING MATTERS

9.  PLANNING APPLICATIONS

a)  12/0082.  Wychwood, Honna Road, Surby. Mr G F Smallhorn. Replace existing flat roof over bay window with pitched tiled roof;  alleviating load on window frame; enlarging existing porch/lobby; providing insulation in accordance with building regulation requirements.

No objections.

b)  12/043. Approval in Principle. Former Ballagawne Gate Keeper’s Cottage, Mount Gawne Road. IOM Government and Valuations Office. To return former gatekeeper’s cottage to residential use; install Klargester Bio-disc system, create off-road parking.

No objections.

c)  12/0138.  Cregville, Cregneash Road, Cregneash. Mr D Boyles & Ms Suzanne Shimmin. Amendments to the current planning approval 10/00648 for a single storey extension to be a private dwelling.

No objections.

c)  12/0123.  Bracken Hills, Surby Road, Surby. Mr R Walker. Demolition of existing terrace area and replacing with new.

No objections.

d)  12/118.  Clybane, Mount Gawne Road. Mr Philip and Mrs Kirree Jenkins. Erection of replacement dwelling; change of use from field access to residential – field 414179; change of use of part of field 414177 to residential.

No objections.  The Clerk reminded Members of the months of disruption which had happened on that road when Seascape had been built.  Although it would not be a planning consideration perhaps it would be a good idea to point out that, to avoid disruption, the developers should make every attempt to have off road parking for construction vehicles.  This was agreed.

e)  12/119.  Clybane, Mount Gawne Road. Mr Philip and Mrs Kirree Jenkins. Erection of detached garage and stable.

No objections – same views as above.

g)  12/0147.  2 Carrick Bay View, Ballagawne Road. Dr & Mrs Ogilvy. Formation of a recreation area in the existing garage and erection of a replacement garage and entrance hall.

No objections.

h)  12/0170.  Empress Villa, Ballakillowey Road. Miss Charlotte Bell. Alterations and additions to existing dwelling.

No objections.  Members were pleased that this property was finally being repaired and that the proposed extension and modifications were modest.

10.  PLANNING APPROVALS

a)  11/1730.  14B Odins Way, Ballakillowey. Mr & Mrs Connor. Erection of a garage extension and front porch to dwelling.        Usual conditions.  Decision – a Senior Planning Officer.  Issued 31^st January 2012.

b) 11/1656.  The Retreat, Surby Road,  Ballafesson. Mr & Mrs P Kneen. Solar panels and roof alterations (partial retrospective).  Conditions include – 3.  The roof(s) must be finished in dark natural slate.   Decision – Development Control Manager.  Issued 3^rd February 2012.

c)  11/1762.  West View, Cregneash. Manx N ational Heritage.  Installation of a replacement front door.           Decision – Director of Planning.  Issued 3^rd February 2012.

11.  PLANNING REFUSALS

a)  11/1700.  Kentraugh, Shore Road. Hintock Ltd. Installation of a solar roof panel.

Reasons for refusal  1.  The proposed development by reason of its prominent position and design would have a significant detrimental impact upon the visual amenities and introduce an incongruous feature upon this high quality traditional property.  Decision – a Senior Planning Office.   Issued 27^th January 2012.

b)  11/1742.  Shenvalley Farm, Ballnahowe. Cheeseden Investments. Demolition of existing building and construction of new detached dwelling with detached garage.           These plans were the same as before – only the description had changed – replacement building not replacement house (the house having lost its residential status).

Reasons for Refusal:  1.  The proposed development, by virtue of the position, size and height of the new dwelling and garage and the size of the new residential curtilage would result in an increased and detrimental visual impairment of built development and managed garden in a prominent, open and rural area.                 Decision – the Planning Committee.  Issued 8^th February 2012.

12.  PLANNING APPEALS

a)  11/1700.  Kentraugh House. Hintock Ltd. Installation of solar panels.  They were appealing against the refusal.  Any further views to be sent by 6^th March.   None to be sent.

13.  COMPLETION CERTIFICATES none

14.  OTHER PLANNING MATTERS

15.  ANY OTHER BUSINESS

a)  P Gunn – 30 years. The Clerk said that she had been looking through old Minute Books and she found that in May Mr Peter Gunn would have served as a Member of Rushen Parish Commissioners for a total of 30 years.

16.  DATE OF NEXT MEETING Wed. 21^st March

As there was no further business for the public meeting it went into Private Session.

Meeting held 7pm Wed. 18^th January 2012 at Ballafesson Hall.

MINUTES.

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

NOTE:  the 3 MHKs for Rushen attended later in the evening.

1.  MINUTES

The Minutes of the Meeting held Wednesday 14^th December 2011, having previously been circulated, were taken as read.  Mr Cain said that there was an error in 2 aw) Hole in the Road.  This was not a hole in the road but a plastic box – possibly Manx Telecom’s which needed replacing and was in a different area to where the Clerk understood it to be..  This was corrected and then the Minutes were agreed a true record and approved for signing.

2.  MATTERS ARISING:

a)  Southern Area Plan It would be some time before the Inspector’s views were made known as the Inquiry had only finally been drawn to a close in early January.

b)  DoI/Local Authority Issues

Local Elections Legislation LA Election Thursday 26^th April 2012.

Members’ Interests.  Letter from Deputy Clerk of Tynwald’s Office. The Clerk had replied to this as agreed at the last meeting.  She had also put in an observation from herself, as Clerk,  regarding David Quirk, MHK’s comments shown in the Hansard extract given with the letter re ‘Clerks not giving Members the correct information or advice’.

Members’Declaration of Interests -  The Clerk suggested that this be left on the Agenda to remind Members to update their entry if their circumstances changed.

Rate Arrears – The Clerk had sent an email to Jon Grubb stating that RPC should be consulted before any debts are written off.  He had sent details of some of these and asked for information regarding.  This had been forwarded to Members by the Clerk.

The information which Mr Grubb had sent was not easily understood and the Clerk was to ask for further clarification  e.g. if a property was sold it was understood that all rating debts were settled as part of the sale.

New Member of the House of Keys for Local Authorities – Letter from Richard Ronan MHK (forwarded to Members 23/12)  who had been appointed as the new Member with responsibility for Local Authorities in DoI.  He stated that he had actively sought this role as he is a firm believer in the important role that Local Government plays on the Island.  He was on Castletown Commissioners for 7 years.  He looked forward to meeting with Local Authority Members and the Department would be in touch to arrange a meeting.

c)  Waste Management and Refuse Collection

Jones Services – had written re the agreed annual increase from 1^st April – 4.7% in accordance with the RPI on 31^st December .  This was agreed. Note:  Their Contract had ran  out in 2011.  According to Standing Orders – ‘Making of Contracts’ 3 c ‘Renewal of contracts of a continuing nature may be negotiated directly with the existing contractor’.  The Clerk suggested that it would be prudent to renew Jones Services contract for another couple of years as to go out to Tender now with the possibility of a new Board in May and a new Clerk sometime this year it would not be helpful to have the possibility of dealing with a new refuse collector.  She said that it would not be helpful for the Estimates.

Mr Radcliffe proposed, seconded by Mr Vernon and agreed by all that the Contract should be extended for a further two years from 1^st April 2012.

Disposal Costs at the EFW   £35 per tonne – domestic.

Bad debts – Mr Tinkler had contacted the debtor he was dealing with and had asked for £40 for full settlement.

Resident of Ballafesson – The Clerk had sent the letter Recorded Delivery but received nothing back from him.  However, she had now received a reply from his partner.  She said that he left the house some time before and she didn’t know anything about the bill and couldn’t afford to pay it (£127).  She asked if RPC could either take the bin away or let her pay the annual amount as of then.

This was discussed and it was agreed to offer her the chance of buying the bin and just paying the current £20 annual charge – £67.  It was agreed to write off the remainder of the debt.

Commercial refuse disposal – charged out.  The Clerk informed Members that Local Authorities were obliged to charge for the disposal of commercial refuse at £106 per tonne.  She had received a call from the Shore Hotel who were having difficulty in paying the last bill.  The previous winter bill had been less and they found the summer one high in comparison (it had been no different to the previous summer).  The Clerk had undertaken to make some new calculations regarding the charging out and she indicated that, at present, RPC seemed to be making a profit on charging out for the refund of commercial disposal costs – which they shouldn’t really do.  There was a set amount charged by DoI to RPCfor commercial  disposal per month.

The Clerk had arranged for Jones Services to weigh the bins at The Shore Hotel and The Sound Café to get an indication of the weight of refuse during the winter months.  She would then produce more pertinent figures.

7 20pm – Mr Ivor Ramsden, Secretary of the Manx Aviation Preservation Society attended to discuss the Memorial  to the B17 Flying Fortress air crash which occurred on 14^th April 1945 near The Chasms.  He indicated that he had been in touch with relatives of those who had died and some of them were coming for the anniversary of the accident.  He said that he would like the dedication to take place in April when they would be in the UK and it was agreed that the Dedication would take place on the anniversary – Saturday 14^th April.

It was agreed to have a site meeting at 2pm on Saturday 21^st Jan to decide which would be the best place to put the commemorative plaque as dimensions would be required for obtaining costings. Mr Ramsden said that Pooilvaaish stone would weather too easily in that location and it was agreed that marble would be best.  With regard to funding Mr Tinkler indicated that RPC could possibly provide £1,000 – £1,500 but Mr Ramsden indicated that the Aviation Preservation Society had not ruled out the provision of them contributing towards the funding.  The Clerk was to get prices for the plaque and a separate price for fitting in place.    The dedication ceremony would take place on Saturday 14^th April.

With regard to the possible visit of relatives of the deceased it was felt that a small get together should be organised.

d)  Lighting/MEA

Ballagawne Road project.    The Clerk had received a phone call from Mr Samson, Greenacres, who thanked her for writing to ask if the trees could be cut so that the new lights could shine further.  He said that some of the trees were rare specimens so he would have to show the man from the MEA which ones could be cut. She arranged for him to meet with Ian Gilbertson and he has now said that they would be cutting the trees at a later date

e) High Hedges - reported in private session.

Ballafesson Road – speed roundels.  To be installed during warmer weather.

Ballachurry Corner – standing water. Now dealt with.

Plantation Hill. – Danger to pedestrians, etc on hill. Nothing further.

Speeding on Howe Road.     Nothing further.

Civic Amenity Site lines and signs.  Still waiting for the lines.

The Level/Croit-e-Caley. The speed of traffic.   More speed counts had been installed.

Glen Chass – sharp corner & turning circle. Cul de Sac sign.   Not installed yet there had been a mix-up.

Shore Road – speed.  Nothing further.

Glen Chass Road – narrow corner. Nothing further.

Kerbstones at Ballnahowe These were thought to have been repaired.

Ballakillowey Roundabout. Nothing at present.

Cregneash – safety of pedestrians coming to and from the car park to look at the Village. The Highways Officer  had said that the wooden bollards would be taken out but the ‘millennium wall’ would stay for the moment.  When Mr Vernon and the Clerk had attended the site meeting they had talked about there being some sort of shelter there – possibly something other than a bus shelter.   This would be discussed at the next Traffic Meeting.

g)  Police

The next meeting was to be held on 24^th Jan.   Members did not have anything specific to be brought up at the meeting.

h)  Litter, beach cleans, dog fouling, etc

Dog bin on the traffic sign on the Ballachurry side of the new roundabout.  This has not yet been installed.

Signs – Workshop for the Disabled.  The Clerk had not yet asked for prices.

Beach Cleans –  nothing at present.

i)  Ballafesson Playing Field, Car Park at The Howe, Signs

The shed.   Nothing further.

Swing  & matting.  Mr Radcliffe had not yet found the proposed swings in the catalogue.

Car Park, the Howe.  Mr Cain was to ask David Cooil to trim the hedge back.

j)  Web Site

Mr Vernon gave Members a list of ‘hits’ on the site to look at.

k)  Southern Civic Amenity Site.

Mr Cain said that there was a meeting on the following evening (Thursday) but he would not be able to attend.

l)  Municipal Association

email received from the Chairman of MA – forwarded to Members 13/1 re Boundary Changes for House of Keys.

Their next meeting would be on 26^th Jan.  The Agenda included a report from Bob Pilling from Malew Commissioners who was the only  smaller local authority member on the Waste Management Consultative Group.  Mr Gunn would be attending the meeting.

The three MHKs for Rushen arrived – Hon Phil Gawne, Hon Juan Watterson and Mr Laurence Skelly.  They discussed various matters including local authority housing, indicating that there would be a Housing Review in June.  The view was that increases would encourage tenants to move on.  Some MHKs had wanted the increase to be more but COMIN had refused.  They indicated that there would be no means testing carried out – this would be too expensive.   It was probable there would be a10 year fixed term tenancy with a review of the tenant’s financial situation in case they no longer qualified for the tenancy.  There was also the possibility that rents could increase to £120 – £140 per week or at least double and those could not afford that could claim benefits.  There was also the possibility that some people would never be able to afford a mortgage.  There was a political mood for change.

The Southern Area Plan was discussed briefly.  Zero rating was also discussed and it was indicated that the Treasury Minister wanted to look at Rating.  At present the Rating Act 1955 was in force.  The MHKs felt that there should be some form of local tax.  Members should write to Minister of DoI, Mr David Cretney with regard to concerns about zero rating.

Local Government responsibilities were also discussed and the MHKs said they supported the transference of some functions to Local Authorities which were at present carried out by other Government Departments.  This would not be known before the time of the Local Government Elections.

The proposed low cost communal hall was mentioned.  This had not been progressed as it was not going to be built with local labour – due to the type of construction being a ‘kit’.  It would be an off-Island spend and it was therefore rejected.  They were, however, looking at it again with a local build so it was not totally written off.

The proposed improvements to the bus stop on Ballagawne Road near the Ballakillowey roundabout were discussed.

The MHKs left at 9 15pm.  The meeting continued.

l)  Southern Swimming Pool

Mr Radcliffe reported that there had been no meeting in December.

m)  Allotments

Mr Radcliffe reported that there was nothing further at present.

n)  Southern Healthcare Committee

Mr Vernon and Mr Tinkler reported that there was nothing further at present.

p)  Rushen Ambulance

Mr Tinkler reported that there was nothing further at present.

q)  MNH nothing at present.

r)  Risk Assessment

There were no new risks to be considered.

s)  Land in front of Hillcrest, Cregneash

Pic-nic Site, Ballakillowey. Mr Cain asked for the possibility of RPC taking on responsibility for this site to be considered.  Everyone was to look at this and it would be put on the Agenda for the February Meeting.

t)  Golden Jubilee Trust

Mr Radcliffe said there was nothing to report.

u)  Unsightly buildings and land

Mr Richmond, New Dwelling, The Level.  Nothing further from him.  It was noted that he had now renamed his house from New Dwelling to The Level House.

v)  Sloc Sites & Seats, etc.

Chasms path –   seat and plaque.    The Clerk said she had not received anything further from Mr Wilkins or anyone else involved.

Mr Cain said he had not progressed this further but he thought it possible that if someone donated a seat this may solve the problem.  He offered to put in a concrete base for such a seat.  This could be put under where Ned Maddrell’s plaque had now been set on the wall.  It was agreed that this could be an acceptable compromise.

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

Stone – Mr Cain reported that Pooilvaaish Ltd had still not made the plaque.

x)  Agricultural Rating

The Clerk had sent the list to Mr O’Hanlon, Valuations Officer, for him to look at.

y)  Grass Cutting

Applications had been received.  These had been opened on Tuesday evening by the Chairman and Vice-Chairman in the presence of the Clerk.  They had considered all the information given and made a recommendation to the Board.  This recommendation was approved and Mr Stephen Booth was to be offered the Contract for one year initially with an option for a further two years.  The Clerk was to inform him of this and write to all those who had given quotes.

z)  Newsletter

This was to be ready before February’s meeting.  All Members were to send their contributions to Mr Radcliffe so that he could compile the newsletter before the end of the month.

ab) Rushen & Arbory – possible sharing of services. Nothing further at present.

Ac)  Disaster Recovery Plan

The Clerk was to contact WiManx with a view to them undertaking the off-site data backup.  She had already informed ServiceTech that RPC would not be using their services.

Ae)  Ballagawne Road – bus shelter.

Mr Stanley Clucas had sent a letter of reply stated that he had no objections to the construction of a concrete hardstanding but pointed out that it would need a retaining walls and would have to be built up from the field below.  Fencing would need to be put up whilst any construction took place.

Hugo McKenzie from DoI had forwarded information on possible bus shelters which had been sent to him from Bus Vannin, one being an open-sides cantilever style, the other being enclosed (bus there would be nothing done before April)  The closed in one would require a depth of 2.55m from the carriageway; the cantilever one would require 2.126m from the carriageway.  Both would require retaining bolts to be secured in concrete of at least 6” depth. The Clerk was to write to Bus Vannin suggesting that RPC could put in the base and retaining wall if they put in a shelter.  A site meeting was to be arranged.

Ballachurry Bus Shelter - Perspex.  Mr Radcliffe had contacted the company which he thought may sell suitable sheets of Perspex for a barrier.  What they sold was a different product which cost £35 per square metre.   The Clerk was to contact Wilson and Collins which Colas had suggested may sell something suitable.

Af)  Winter Concert/talk

This was to take place on 10^th February. The Clerk had confirmed this with Mrs Betty Crebbin who had also suggested that they could supply tea and biscuits for the refreshments as anything more substantial would take too much time and the interval would have to be quite long.    Both speakers had been written to and confirmed they would speak.  Posters had been set up ready for printing.  Mr Cain would introduce the Speakers, Mr Tinkler would take charge of the door, Mr Vernon would set up the chairs in the hall on the afternoon.  The Clerk would contact IOM Newspapers’s reporter and would get a float organised.

Ag)  Hedge at Garthcote & others. Nothing further.

ah)  consultation – Draft Planning Policy Statement – Replacement and extension of Dwellings in the Countryside.

Nothing further on this.

ai)  Castletown Commissoners – sharing services.

No date had yet been given yet for a meeting.

Ak) Zero rated properties

Level Inn House.  The owner had been living there for some time – he was on the 2008 voters list and possibly the ones before that.  The property should not, therefore, be zero rated.  The Rates Office to be advised of this.

al)  New Youth Committee. Nothing further.

am)  Christmas Tree.

The problem with the lights not coming on was due to the timer switch.  As it was Ken Skinner who installed it Mr Vernon had asked him to have a look.  It was faulty – something to do with the supply being turned on and off.  It had now been replaced with a manual one – unfortunately it was out of warranty.  Bill for £108  78 plus vat received.   Mr Vernon was thanked for taking the tree down and disposing of it.

an)  Rushen MHKs.

Hon Phil Gawne, MHK, Hone Juan Watterson MHK and Mr Laurence Skelly MHK attended and discussed several matters with the Board.

ao)  Southern Chronicle.

The Clerk was to contact Ricky Broadbent and ask for someone to come along to the Talk and give a write up and take photographs.

ap)  Planning Committee.

Nothing more had been heard regarding this.  The Clerk had been checking on the planning committee lists to see if there was anything that may be of interest.

aq)  List of past Chairman.

Mr Vernon had done some research and had put more names on the list.

ar) Memorial to wartime plane crash. – which had happened late morning Sat. 14^th April 1945 – above the Chasms.  Reported earlier – Mr Ramsden attended to discuss this.

as)  Christmas Meal. This had been a good evening.

at)  Increase in public sector rents. Nothing further.

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

Letter received from Port Erin Commissioners who were asking if RPC were proposing to hold any events to mark this.  ‘In the past such events in the area have been organised jointly and the Commissioners wondered if there was any scope for a similar arrangement on this occasion’.

Mr Vernon said that Mr Stanley Clucas, Captain of the Parish, told him that he had approached Port Erin and Port St Mary Commissioners with a view to organising something in Ballachurry Orchard.  It was felt that if the Captain of the Parish organised an event RPC would be interested in running sports.  They were already going to hold a children’s sports in the Playing Field on 5^th July.

aj)  consultation – Changes to the Weeds Act (1957) Views had been sent in.

ak)  Hole in Road.

The Clerk had misunderstood at the previous meeting what Mr Cain was asking to be repaired.  He said it was at the end of the footpath over the Meayll and was a plastic box which needed replacing – possibly something to do with Manx Telecom.

RESPONSIBLE FINANCE OFFICER’S REPORT.

This can be viewed by looking at the Minutes at the Office – contact the Clerk on 834501/

8.  CORRESPONDENCE.

a) Holocaust Memorial Day.

The commemoration of this will be on Sunday 29^th January.  The Service will take place at The Trinity Methodist Church, Rosemount, Douglas at 3pm.  The congregation is requested to be seated by 2 45pm.   This was noted.

b)  Register of Electors –

Received – revision of register in force from 1^st Jan.  Noted.

c)  Electoral Reform Bill.

Letter from Deputy Clerk of Tynwald’s Office. Electoral Reform Bill 2011 – making two main proposals.  First, that the Island should be divided into eight constituencies and second, that each constituency should return three MHKs and one MLC.  This was referred to a Joint Committee which has been given powers to take evidence.  Members of the Committee were Mrs Brenda Cannell MHK, Hon Phil Gawne MHK,  Mr Leonard Singer MHK, Mr Phil Braidwood MLC,  Mr David Callister MLC and Mr Alex Downie MLC.  The Committee were now inviting any comments, concerns or views on the constitutional principles raised by the Bill.  These should be submitted by 1^st February. The submission may be published.  The full text of the Bill and Hansard reports for the debates were available on Tynwald website or library.

Members discussed this and felt that MLCs should not be elected in the suggested way.  They should not be directly elected. Members were happy with the existing arrangement for Rushen regarding the number of MHKs.

d)  consultation – Proposed Health and Safety Committee.

Received by email and copied to Members 21/12.  Executive Summary: The Minister for the DoI proposes to establish a Health and Safety Consultative Committee comprising of stakeholder representatives from industry, the public, the third sector and Government.  The Committee will provide a means of engaging with – and representing the views of – those who have an interest in health and safety and those who have a responsibility to comply with related legislation.  The primary purpose of the Committee will be to contribute to the development of health and safety legislation that will support a common sense approach to the management of risk.  An additional objective will be to consider and endorse protocols required to further develop effective collaborative working practises between Government departments responsible for health and safety matters (food hygiene, trading standards, building control, planning, fire safety, etc.)  Respond to Bernard Warden, Health and Safety at Work Inspectorate.

Members agreed with the Consultation Committee and felt that they may point out some errors which exist at present.

e)  consultation – Submarine Cables (Fees) Regulations 2012.

Received by email and copied to Members 6/1.  There has been no increase in fees since 28^th Jan. 2005.  They were now proposing to increase these to take into account inflation from 2005 to date.  Comments invited.     This was noted.

f)  consultation – Local Government Pensions Scheme.

Letter from Roy Corlett, Legislation Manager, DoI.  It was proposed to introduce a new look Local Government Pension Scheme – details of which were on the Government web site.  The Department, in conjunction with Douglas Borough Council, would be arranging a briefing session in early-mid January.  The presentation would allow representatives from the various employing bodies to raise any questions they may have about the new proposals.       This was noted.

g)  Manx Auto Sport Limited – Rally.

Chris Kelly Memorial Rally to be held 17^th & 18^th February.  Map received showing route relevant to Rushen would be from below Orestal, Croit e Caley down to Shore Hotel, along Shore Road to Strandhall, down to Poyllvaaish, up to Balladoole, along the Bypass and finishing at the Southern 100 start.  The road would be closed from 7 30pm to 11 30pm.  The Clerk had queried  the closure of a main route south Highways.                                         Members had no objections.

h)  Marine Conservation Update.

Received email from Fiona Gell – copied to Members 5/1.  Marine updates and news items for the beginning of 2012.   These were noted.

i)  Road Transport Licensing Committee.

Applications, Decisions and Notices.                                   Noted.

j)  consultation – The Wild Animals Act received from DEFA.  This is to do with restrictions on imports, etc.

Mr Tinkler said that there was no reference to poisonous frogs or bird’s eggs.  As this had just been received Members may want to look at it.

k)  Concert at The Howe?

Letter received from Mrs Susannah Shimmin on behalf of the members of the Howe Chapel, asking if RPC would be interested in being involved in a concert similar to the Rushen’s Got Talent held last year.  They suggest Friday 6^th July as this would tie in with Manx National Week.  ‘On this occasion the idea would be that the monies raised should to the Commissioners own charity fund.’

It was agreed that this would be a good idea.

In the past payments had been given to The Howe and Ballafesson Chapels.  Mr Cain asked if it would be possible to give donations/rent to Croit-e-Caley and Ballakilpheric Chapels.  This may be possible if RPC used those halls but it was pointed out that Ballafesson Hall was the official hall for RPC’s meetings.

l)  Civic Service.

Invitation to attend Malew Commissioners’ Civic Service on Sunday 4^th March at 3pm at Malew Parish Church.  Light refreshments would be served at Ballasalla Village Hall.  RSVP. There was no indication that any Members would attend.

PLANNING MATTERS

9.  PLANNING APPLICATIONS

a)  11/1742.  Shenvalley Farm, Ballnahowe. Cheeseden Investments. Demolition of existing building and construction of new detached dwelling with detached garage.           These plans were the same as before – only the description had changed – replacement building not replacement house (the house having lost its residential status).

Views were the same as previously sent in.

b)  11/1762.  West View, Cregneash. Manx National Heritage. Replace front entrance door to match existing.

No objections.

c)  11/1700.  Kentraugh, Shore Road. Hintock Ltd. Installation of solar tubes to roof.    No objections.

d)  11/1730.  14b Odins Way, Ballakillowey. Mr & Mrs Connor. Extension to existing garage and erection of porch to front elevation.                    No objections.

10.  PLANNING APPROVALS none

11.  PLANNING REFUSALS none

12.  PLANNING APPEALS

Result of Appeal Hearing:-

a)  11/839 and 11/840 Upper Kirkill, Ballakillowey Road. Mr & Mrs S Berry. Erection of replacement dwelling (2 planning applications for different style houses).

The Minister has considered the report and concurs with the Inspector’s conclusions and accepts the recommendation that the appeal should be dismissed for both applications.

Inspector’s assessment and conclusions:

14.  The main issue in both appeals is the effect that each dwelling would have on the character and appearance of this part of the open countryside, having regard to the relevant planning notices.

15.  The principle of a replacement house on this site is acceptable and permission has previously been granted which represented a 70% increase in the size of this moderately sized extended cottage.  The appropriate policy if Housing Policy 14.

16.  Neither scheme accords with the aims and objectives of the policy as set out.  They are both substantially different in terms of size and although they are on the same site as the existing cottage, they go beyond its modest footprint.  With a 263% increase for Scheme A and an even larger increase for Scheme B, they are well in excess of the policy requirement of being not more than 50% bigger in area than the existing building.

17.  However, the policy allows exceptions and is permissive of larger dwellings where the changes in size would result in an overall environmental improvement; where a dwelling of ‘poor form’ is to be replaced by one of more traditional character and where buildings are of an innovative, modern and high quality design.  In all cases the policy seeks to ensure that the overall visual impact is acceptable.

18.  Having studied the proposals for the Appeal A scheme and having viewed the site from both near and distant viewpoints, I do not consider that it meets the exception criteria.  The proposal is significantly larger and higher than the existing extended cottage and I do not consider that it constitutes an environmental improvement on this exposed hillside within the AHLVSS.

19.  With the centrally positioned stone feature set against the white rendered walls, it appears to be a cross between a traditional farmhouse and a grand manor house, more suited to a formally landscaped site rather that this rural and exposed hillside or moorland setting.  Despite the considerable distance from the road I consider that it would be perceived as an obstructive element in the landscape rather that this rural and exposed hillside or moorland setting.  Despite the considerable distance from the road I consider that it would be perceived as an obtrusive element in the landscape.  It would be seen as being both out of scale and out of context with its surroundings and would, therefore, be visually harmful to the character and appearance of tis part of the AHLVSS.

20.  The Appeal B scheme is an example of an innovative and modern design based on an iconic building and similar to a dwelling which has recently been granted permission at Douglas head.  It is referred to as being ‘modern sculpture within the landscape’ and I consider that there is a place for such contemporary designs within the Island landscape.  However, again, I do not consider that the scheme meets the exception criteria of the policy in relation to this site.

21.  The proposal would not result in an environmental improvement.  In my view it has not been designed in a way which responds to its unique context or setting.  It is a sound design in itself but the only inspiration taken from Frank Lloyd Wright’s ‘Falling Water’ appears to be its horizontal emphasis and part of the plan form.  The design of Wright’s building was an unmistakeable response to the context of a waterfall on a wooded hillside and the horizontal pattern of the building was in harmony with its natural surroundings.  In this case I share the Manx Heritage and the Planning Authority’s concerns that the context of the site has not been fully considered in relation to this design.

22.  When viewed from both near and distant viewpoints, I consider that due to its size and design this proposed dwelling be perceived as an obtrusive and out of context design on the natural hillside.  As a piece of ‘modern sculpture’ in the landscape, I consider that it would detract from, rather than enhance the character and appearance of this part of the countryside.  The urban appearance of the dwelling would not fit naturally into the landscape and even when seen from a distance it would look awkwardly out of place: not because of its modern design, but because of its size and its overall form, bulk and massing which fail to respect the natural setting.

23.  Under the ‘Freedom to Flourish’ objectives, it is clearly an aim of the Government to attract high net worth individuals to the Island.  However, at the Inquiry no one could direct me to any specific policy and, therefore, I do not consider that there can be any conflict of policies.  There are no current planning policies which distinguish between such individuals and any other person wishing to apply for planning permission for a replacement dwelling.

24.  In conclusion I do not consider that either of these designs merits a granting of planning permission as an exception to Policy 14.

Recommendation: 23.  I recommend that both Appeal A and Appeal B be dismissed.  Anthony J Wharton.    Inspector.

13.  COMPLETION CERTIFICATES none

14.  OTHER PLANNING MATTERS none

15.  ANY OTHER BUSINESS none

16.  DATE OF NEXT MEETING Wed. 15^th Feb.

The Meeting closed at 10 30pm.

RUSHEN PARISH COMMISSIONERS- THOUSLA CROSS TRUST

Meeting of Trustees held Wed. 18^th Jan 2012.

MINUTES

Present:  Mr D Cain, Mr P Vernon, Mr P Gunn, Mr A Tinkler, Mr D Radcliffe.

1.  MINUTES. The Minutes of the Meeting held 14^th December 2011, having previously been circulated were taken as read and agreed a true record.

MATTERS ARISING

a)  Friends of Castle Rushen High School Association.

A letter of thanks received from Pat Weldon, the Hon. Sec. thanking the Trustees for your very kind donation towards the cost of the defibrillator.  When they ordered it they found that the model required was no longer available and the new model cost £1,995. However, along with their fund raising efforts and donations they have now been able to purchase this and it will be in the school in the very near future. ‘Perhaps when we have received it a member of the Commissioners could join us for a presentation.’

This was noted.

b)  Scuba Diving training. Nothing further on this and it was agreed to take it off the Agenda.

3.  FINANCIAL MATTERS

Current account   158  58                      Reserve account  1,483  32

4.  CORRESPONDENCE    none.

5.  ANY OTHER BUSINESS       none.

6.  DATE OF NEXT MEETING Wed. 15^th February 2012.

As there was no further business the meeting closed at 11.05pm.

LOCAL ELECTIONS ACT 1986

Election of five Commissioners (for 5 seats) to serve a term of four years commencing on the

1^st Day of May 2012

NOTICE OF CANDIDATES ELECTED

(Uncontested Election)

I hereby give notice that the names of the Candidates Elected at the above Election are:-

CAIN Derek Harold, Glendown Farm, Truggan Road

GUNN Peter Gordon, Fleshwick House, Fleshwick

PILLING Stanley Howard, 61 Garth Avenue, Surby

RADCLIFFE Thomas David, Ballafesson Farmhouse, Qualtrough’s Lane, Ballafesson

VERNON Peter John, Kincroft, Surby Road, Ballafesson

Dated this 30^th Day of March 2012

Gillian Kelly, Returning Officer

Meeting held 7pm Wed. 14^th December, 2011 at Ballafesson Hall.

MINUTES

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

The Clerk, Mrs G Kelly, was in attendance.

The date of the meeting had been changed as the Chairman was to attend a reception at Government House – also 21^st was so near to Christmas.

1.  MINUTES

The Minutes of the Meeting held Wednesday 16^th November 2011, having previously been circulated, were taken as read.  Mr Cain requested a part of the draft be removed – 8.  Correspondence b)  Consultation questionnaire – Recreational Use of the Island’s Reservoirs.  The second paragraph to be removed with the exception of the last sentence – ‘the Clerk was to send a general reply supporting some of the uses of the reservoirs.  It was agreed that this be removed.  The Clerk would reprint the page.  The Minutes were then approved for signing.

2.  MATTERS ARISING:

a)  Southern Area Plan

This  had been reconvened on 21^st November at Legislative Buildings, Douglas – notification received but as it did not involve any areas in Rushen there was no need for RPC to attend.  The formal closing of the Inquiry was to take place on 5^th January and would only last 30 minutes. There was no requirement for RPC to attend this either.

b)  DoI/Local Authority Issues

Local Elections Legislation LA Election Thursday 26^th April 2012.  There was to be a Training workshop, which the Clerk was attending to refresh her memory re any new election rules, to be held on Thursday 16^th February.

Members’ Interests.  Letter from Deputy Clerk of Tynwald’s Office and had been sent to both the Clerk and Chairman.  Members had been given a copy with the meeting agenda.

Select Committee on Local Authorities: Members’ Interests (Petition for Redress of Grievance).  ‘On 15^th November 2011 Tynwald debated the petition for redress of grievance of Mr Joseph Rae Hamilton and agreed the following resolution: That a select committee of three Members be appointed with powers to take written and oral evidence pursuant to sections 3 and 4 of the Tynwald Proceedings Act 1876, as amended, to consider the Petition of Grievance of Mr  Joseph Hamilton presented at St John’s on 5^th July 2011 in relation to declarations of interest by members of local authorities. The Members appointed by Tynwald were Mr Graham Cregeen MHK, Mr Richard Ronan MHK and Mr Juan Turner MLC.  The Committee has elected Mr Ronan as its chair.

The Committee would be grateful if your local authority could please submit by Friday 6^th January 2012 answers to the following questions:

1)  Is the authority aware of the recommendation of the Select Committee on the Affairs of Braddan Commissioners, approved by Tynwald in June 2009, that the register of interests by each local authority should be made available for public inspection?

2)  Is the authority aware of the ‘Corporate Governance Principles and Code of Conduct’ issued by the Department of Local Government and the Environment in July 2009 which recommends that authorities comply with the June 2009 resolution in addition to the statutory requirements?

3)  Is the authority’s register open to public inspection by the public?

4)  If so, is it available online?

5)  If not, has the authority considered opening its register to the public, and for what reason has it decided not to do this?

6)  Would the authority like to make any comments or put forward any proposals in response to the issue identified in the prayer of Mr Hamilton’s petition?

The Committee will assume that the authority is content for any submission it makes to be published unless otherwise indicated.’

This was discussed and Members were satisfied that they could answer ‘yes’ to questions 1,2 and 3.  With regard to question 4 – they did not think that it should be put online as, if anyone was really interested, they could come to the Office or a Meeting and read it as it is open to the public.  It was RPC’s understanding that, should a Member declare an interest, they could make no further comment in the meeting with regard to that subject.  The Clerk was to point this out and ask if it was correct.  The Clerk was to reply to the letter within the time limit.

Members’Declaration of Interests – The Clerk reminded everyone that RPC’s book was on the table at every meeting and available for any updates members wished to enter.  She had reminded Mr Cain and Mr Radcliffe that they should now put in an entry that they were both on the Rushen Endowments Committee as some of the proceeds of the Concert in February were to be given to that.  They both updated their entries accordingly.

Rate Arrears – Treasury  Rates Section was to be reminded that they must consult with RPC before writing off any debts.

c)  Waste Management and Refuse Collection

Disposal Costs at the EFW – letter from DoI stating that, following a review of waste charges, the Minister and Department Members had approved an increase in the tipping charges for domestic waste at the EFW and Wright’s Pit North – increasing from £30.74 to £35 per tonne for domestic waste as from 1^st April 2012.  Commercial waste would remain at £106 per tonne.

Bad debts – Mr Tinkler was contacting the debtor.    The Clerk had brought along details of a debt, which was from 2007 onwards, of a resident in Ballafesson.  She had thought they had moved as there had been no reply from them but they were still on the most recent voters list.  A letter was to be sent by recorded delivery asking for payment.

d)  Lighting/MEA

Ballagawne Road project.     This was not finished yet but was nearing completion.  The Clerk had asked Ian Gilbertson about the trees which were obscuring some of the lights.  She had written to the owner of the property to ask if he would give permission for the trees to be cut back.

e) High Hedges - reported in private session.

f)  Traffic matters  and DoI.

The Clerk had written to Mr David Cretney, Minister, re some of the items below:  A reply had been received from Mr Thompson, Chief Executive:- ‘Thank you for your letter dated 29^th November addressed to the Minister outlining the Commissioners concerns about various matters relating to the activities of the Highways Division.  I am disappointed that you have felt it necessary to write in this manner and have asked the Director of Highways to respond to you as quickly and as fully as possible.  Should you have any further concerns on this or any other matters, my email address and telephone numbers are provided for your convenience on this letter and I trust you will not hesitate to make contact with me should you feel it necessary. It was unclear whether Mr Cretney had asked for this reply to be sent.

The Clerk and Mr Vernon had attended the Traffic Meeting that morning and reported the following-

Ballafesson Road – speed roundels.  Still to be done.  Has to be hot dry weather before it can be done so that the epoxy will sent properly.  It would therefore be the following year before it would be done.

Ballachurry Corner – standing water.  The work had been done but there was water still lying on other side of road.

Plantation Hill. – Danger to pedestrians, etc on hill. Nothing further.

Speeding on Howe Road.     Nothing further.

Civic Amenity Site lines and signs.  Still waiting for the lines.

The Level/Croit-e-Caley. The speed of traffic.   More speed counts to come.  They would consider narrowing the road in places but that would take away car parking.

Glen Chass – sharp corner & turning circle. Cul de Sac sign.   There had been a mix up regarding the sign but they would now get it put up.

Shore Road – speed.  Nothing further.

Glen Chass Road – narrow corner. Nothing further.

Kerbstones at Ballnahowe Nothing further.

Ballakillowey Roundabout. Nothing at present.

Cregneash – safety of pedestrians coming to and from the car park to look at the Village. The DoI Officer was meeting with the Properties Division of DoI, owners of the car park, to discuss the way forward.

Mr Cain had organised a contractor to cut the hedge near the entrance, whilst he had been doing some work for him.  This had helped with visibility coming out of the car park.  There had been bits of hedge on the road and, due to the windy weather, it had blown across the road to the house opposite.  The owner had been angry about this and Mr Vernon had gone up to tidy it up.  Mr Cain had spoken with the owner.  Mr Cain said that he would now get David Cooil to cut the hedge when he was cutting the plot belonging to Hillcrest.

g)  Police

The Meeting had to be cancelled due to bereavement.

Seat at The Chasms –  There was nothing further on this.

h)  Litter, beach cleans, dog fouling, etc

Dog bin on the traffic sign on the Ballachurry side of the new roundabout.  Mr Radcliffe was still to do this.

Signs –price for five or ten of the wooden signs.  The Clerk reported that DEFA were not making any more signs – their machine had broken and they were not going to fix it.  The Clerk was to contact the Workshop for the Disabled to see if they could make some.

Beach Cleans – Michelle Heywood and the Parents group from Scoill Phurt le Moirrey – had been to Fleshwick again on 4/12 and collected 3 bags of rubbish from the beach and banks plus some pallets.  It was agreed that a cheque for £30 should be sent.

i)  Ballafesson Playing Field, Car Park at The Howe, Signs

The shed.   Nothing further.

Swing – the Clerk had been unable to find the suggested swings on the Wicksteed web site.  Mr Radcliffe offered to look at it and find suitable ones.

j)  Web Site. Mr Vernon was keeping this updated and was thanked for doing this.

k)  Southern Civic Amenity Site.

Email received from the Clerk of the Amenity Site Board.  She said that the amounts for the Local Authority contributions would probably be increasing by 10% for the forthcoming year.  This was due to £9,000 for the increase in tipping costs plus £12,000 for a new digger.

The Clerk queried the amount for the digger and Mr Cain explained that this was ‘per annum’

l)  Municipal Association

Mr Gunn reported that it had been a quiet meeting.  There had been a report from the Richmond Hill Committee and it had been decided to keep that Committee going.

l)  Southern Swimming Pool

Mr Radcliffe reported that there had been a few staff issues.  The new Pool Manager had started work and it was expected that any problems would be sorted out.

m)  Allotments

There were no meetings due in the following month.

n)  Southern Healthcare Committee

Mr Vernon would be attending the next meeting, which would be held on 1^st March.

p)  Rushen Ambulance

Mr Tinkler had spoken to Joyce Corlett.  She had retired earlier in the year and there was a new Secretary whose name he would find out.

q)  MNH Nothing furher.

r)  Risk Assessment

There were no new risks to be entered in the Register.

s)  Land in front of Hillcrest, Cregneash nothing at present.

t)  Golden Jubilee Trust There was nothing further at present.

u)  Unsightly buildings and land

Email (forwarded to Members 1/12)  from Phil Gawne, MHK  – forwarding an email he received from Mr Richmond. Mr Gawne asked ‘where’s this up to?’

The Clerk had replied to his email with the information to date and pointing out that there were some errors in Mr Richmond’s letter.  She read out the reply she had sent and it was agreed that there need not be anything further sent at present.

v)  Sloc Sites & Seats, etc.

Chasms path –   seat and plaque.    There had been nothing further from Mr Wilkins or anyone else involved.

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

Stone – this was not ready yet.

x)  Agricultural Rating

The list which the Clerk had brought to the November meeting for discussion was to be sent to Mr O.Hanlon, Valuations Officer for the Rating Section, to look at.

y)  Grass Cutting

The advert had been in Examiner,  Courier and Southern Chronicle.  It had also somehow been put on a Jobs website by IOM Newspapers – Jobstoday and the Clerk had been receiving emails from people in various places outside the Island, including Poland, Romania, South Africa and UK.  There seemed to have been a misunderstanding that it was a ‘job’ rather than a ‘contractor’ required.  There had also been applications from people on the Island thinking it was a ‘job’.

It was agreed that the information should be sent out to all applicants for the Contract in the period between Christmas and New Year.

z)  Newsletter Mr Radcliffe had this in hand.

ab) Rushen & Arbory – possible sharing of services. Nothing further at present.

Ac)  Disaster Recovery Plan

The Clerk of the Amenity Site had been in touch with the Clerk to give her information on what they do with regard Data storage.  The Clerk had contacted both firms which she had suggested and had some information.  She thought that Wi-Manx was probably the most suitable and would make further inquiries.

Ae)  Ballagawne Road – bus shelter.

Mr Vernon and Mr Radcliffe had looked at the bus stop near the roundabout with a view to the possibility of putting hard-standing or a bus shelter there.  They thought it would be feasible to put in a concrete base – shelter size – but it would have to be built up at the back, in the field. Mr Radcliffe had spoken to the land owner, Mr S Clucas, and he had been agreeable to this providing it was fenced off in the field.  Mr Vernon had also mentioned it at the Traffic Meeting which he and the Clerk had attended that morning and had said that RPC were thinking of doing this work.  Mr Vernon and Mr Radcliffe were to get a price for digging this out.  There would also be block work involved in building up the back.

Ballachurry Bus Shelter - The Clerk reported that Colas did not sell Perspex.  Mr Radcliffe said that he needed to get some Perspex and he would look into this – he thought that it was possible that Sign Sense may have it in stock.

Af)  Winter Concert/talk

Ballafesson Hall had been provisionally booked  for 3^rd and 10^th February.  Mr Cain had spoken to Mr Robinson who could do the talk on either evening and sent an email to Mr Kneale, who was on holiday and so had not yet replied.  Mr Robinson requested that RPC write to MNH telling them that he was giving the talk and using his slides.   Mr Radcliffe had spoken with Isobel Kinley who had agreed to provide some catering.

Ag)  Hedge at Garthcote & others.

These were to be kept under review for action should the need arise.

ah)  consultation – Draft Planning Policy Statement – Replacement and extension of Dwellings in the Countryside.

Nothing further on this.

ai)  Castletown Commissoners – sharing services.

A date for the meeting couldn’t be agreed on – and they asked for suggestions for a date for in the New Year.  Members felt it would be better for them to name a date and Members would attend if they could.

Ak) Zero rated properties

The list of zero-rated properties had included Level Inn House, which had been occupied for several years and should not have been zero rated.  The Clerk was to inform the Rating Division and have this rectified.

al)  New Youth Committee. Nothing further on this.

am)  Christmas Tree.

Mr Cain and Mr Radcliffe had erected this.  It had been reported to the Clerk that the lights were not working.  Mr Vernon was to look at it the following morning.

an)  Rushen MHKs.

The Clerk asked for confirmation that it would be the January Meeting that they were invited to.  This was agreed and the Clerk asked for items to be put on the agenda for them to discuss with RPC.  It was agreed that local government housing, zero rating, derelict buildings and the ‘Low Cost Community Hall’ could be topics for discussion.

ao)  Southern Chronicle.

An advert had been in the Southern Chronicle regarding the Grass Cutting Contract.  Cost would be about £20.

ap)  Planning Committee.

The Clerk had replied that she and/or Mr Radcliffe (if plans were particularly contentious) could attend Planning Committee meetings.     She pointed out that they would not be permitted to speak, just observe.

aq)  List of past Chairman.

The Clerk had completed a list (emailed to Members on 18/11)) as far as she could go from the Minute books which were either in the possession of RPC or the one which was in her possession (the first one).  That was 85 out of the 111 years. Mr Vernon had contacted the Museum Library who were going to see what they could find and he would also go to the I-Museum to do some research himself.

ar) Memorial to wartime plane crash. – which had happened late morning Sat. 14^th April 1945 – above the Chasms.

Mr Tinkler and the Clerk had been to talk to Mr Ramsden of the Aviation Museum at Ronaldsway.  He was to mention it to his committee on and their meeting in December and would do the wording for the plaque.  He had also contacted people in America.  A site meeting would be needed at some time to see where the plaque should go.   The Clerk had written to Mr Watterson, the owner of the field and he had given written permission. He said that he would like to attend any dedication ceremony.  Mr Tinkler had written a short article for The Southern Chronicle and there would be a longer one in the February issue once more information was available.

Mr Tinkler mentioned funding for this and said that it could be funded by both RPC and the Aviation Museum.

as)  Christmas Meal. Mr Cain had organised this for 7^th January at the Shore Hotel.

RESPONSIBLE FINANCE OFFICER’S REPORT.

This can be read at the office of the Commissioners.

8.  CORRESPONDENCE

a)  3^rd Supplemental List and Rateable Value of the Parish.

The total required to calculate the Estimates for the year was RV £123,261.  This was the RV minus agricultural hereditaments (farmland) which are only charged a water charge and therefore do not increase the rateable income.

b)  Changes to public sector rents and allowances.

Letter from Hon. Chris Robertshaw, Minister for Social Care. (emailed to Members 2/12 and  copy enclosed with agendas).  The Department of Social Care had reviewed the housing deficiency arrangement and the level of rent and the maintenance and administration allowances retained by the Local Authorities.  The Council of Ministers had approved that the annual increase in public sector rents with effect from 1^st April 2012 would be 10%.  The rent point value therefore increased from 1.0621 to 1.1683.

The changes to the allowances were:

a) The maintenance allowance would increase to the current monetary value as at 2011/12 plus 5.9% increase for inflation.

b)  The administration allowance to remain the same as the monetary value for 2011/12 with no increase for inflation.

c)  The community allowance paid to Sheltered Housing Authorities will increase to the current monetary value for 2011/12 plus 5.9% for inflation.

‘The decision to increase the rent by above inflation has been taken to help to address the rapidly increasing levels of deficiency payments made by the Department to Local Housing Authorities.  Current levels of Housing Deficiency are approximately £7 million and were projected to rise to over £18 million by 2016 if decisive action is not taken.  This level of growth in expenditure cannot continue to be sustained by the taxpayer.  I believe that further changes to Government’s funding of affordable housing will be necessary to ensure current and future generations can access affordable housing at a cost that is affordable to both the individuals affected and the taxpayer.  To that end, my Department commenced a Housing Review earlier this year to consider the Island’s future housing needs, the relevant issues and the options available to address them.  I am pleased to confirm my Department will publish this information and commence consultation in the New Year. As a key stakeholder in the sector I look forward to hearing your views.  I hope that together we can create a more sustainable cost-effective and efficient public housing policy for future generations.  Given the scale of the proposed rent increase it is likely to generate comment and discussion both within Local Authorities, in Tynwald and in public.  In view of this I enclose a news release on this matter which is embargoed until 10am tomorrow (Friday) to ensure all Local Authorities have the opportunity to read my letter first before hearing of these changes in the media.  I respectfully request that you do not talk to the media until that time.’

Note:- RPC didn’t receive this until 10am on the Friday – the same time as the embargo lifted (also received by post later that same day).

The News release: mentioned that the rent was increasing by 10% the decision being taken due to the cost to the taxpayer – around £7m this year – due to the shortfall of rental income against annual housing costs.  Over the past decade the Manx Government had invested more than £250m in improving the Island’s public sector housing stock such that the housing was better than ever before.  However rents had not kept pace with rising costs hence the need for this rise now.  The average rent rise for general housing would be less than £7 per week, with an increase of about £7 per week for a typical 3 bed house currently paying £70 per week.  The average rise for sheltered housing would be £2 40 per week.  Households on income-related benefits – a quarter of the total – would be largely unaffected.  Public sector housing was a vital part of the Island’s housing stock, helping to provide thousands of families, older people and others in our community with affordable, high-quality homes. ‘It is vital that this remains the case.  However, the costs to the taxpayer of the existing housing stock have risen rapidly in recent years and are forecast to continue to do so.  This rent rise is an essential first step to address the issue of providing affordable housing at a sustainable cost.  All of the evidence shows we must act now to ensure current and future generations can access the affordable housing they need at a cost to tenants and taxpayer that is both affordable and sustainable….’

Included with the above was a table of public sector rents compared to private sector rents on the Island …. E.g. a 3 bedroomed house in public sector would be £368 per calendar month; private sector would be £1,000 pcm – a difference of 36.8%.

The increases were noted.

c)  Calf of Man Shearwater Recovery Project.

Letter from MNH re the ‘important wildlife conservation project that is to take place on the Calf of Man this winter.  MNH has a unique opportunity to increase the prospects for Manx Shearwaters returning to breed on the Calf in significant numbers by working in partnership with other Island and UK organisations’  They were hoping for a complete eradication of the rats on the Calf. Currently they put bait down on a seasonal basis but they still remain a threat to the Shearwaters. FERA (UK Food and Environment Research Unit) had offered technical expertise and practical help of its field operatives free of charge to MNH to enable the project to go ahead at considerably reduced cost to MNH.  In addition the RSPB had offered a significant financial contribution to the project, making it feasible for MNH Trustees to meet the remaining costs.  The baiting phase would be carried out in winter.  They would be issuing a press release.  Should the Commissioners have any further queries or concerns please contact the Director.

There was support for this from RPC.

d)  Rushen Burial Ground Accounts.

The Burial Ground Accounts for the year ending December 2010 had been received and noted.

e)  Isle of Man Water and Sewerage Authority.

Received – Annual Report and Accounts.    Noted.

f)  MEA – Ready to Go Natural

Leaflet received ‘for information’ the MEA has completed construction of its new transmission system to deliver natural gas to the North, South and West of the Island. Noted.

g)  Road Transport Licensing Committee.

Applications, Decisions and Notices.   Noted.

h)  Tax Relief for Letting a Room in your home, etc consultation.

Income Tax Division has published documents setting out the feedback on the two consultation.  Email copied to Members 7/12.   Noted.

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

Email from Government House (copied to Members 7/12) They were asking for an update regarding any special arrangements being made to celebrate the Jubilee.  They asked to let  them know as soon as possible so that the Working Group could have an overview of how the Isle of Man as a whole would be celebrating.  The celebration weekend was to be based on the precedent set for the IOM Golden Jubilee celebrations by having an extra bank holiday on Friday 6 July 2012 (the day after Tynwald Day) and leave the Spring Bank Holiday in its traditional slot (In UK the Spring Bank Holiday in late May will be moved to Monday 4^th June and an additional Jubilee bank holiday will be held on Tuesday 5^th June).

They understand that RPC may have had a communication from Mr Bruno Peek OBE regarding taking part in a Beacon event – lighting beacons across the UK and the globe on 4^th June.  Plans regarding the IOM are being considered by the Working Group – they would like to know if RPC have corresponded with Mr Peek to advise him that RPC intends taking part.

The Clerk said that she could not remember any such communication regarding the beacon and had informed Government House of this.

RPC were to hold a Children’s Sports on Tynwald Day in the Playing Field.

j)  consultation – Changes to the Weeds Act (1957)

Email received from DEFA ( received and copied to Members that day) The full document could be viewed at www.gov.im/lib/docs/daff//weedsactconsultation.pdf.  Views by 27^th January 2012.

Issues.  Every year complaints are received by DEFA and DoI re injurious weeds in roadside verges.  ‘the Act is, in part, unenforceable:  Section 1 State: ‘that it is an offence to allow any of the listed species to ‘remain uncut or undestroyed by 1^st Aug, or before this date is already in flower.’…. This has a number of repercussions – if followed correctly the Act would result in the extermination of the listed species which would be unethical (except giant hogweed) – all native species have a role in the functioning of health ecosystems.  Members of the public frequently complain about the presence of weeds, especially Cushag in gardens, brownfield sites and hedgebanks where no agricultural problem is apparent.  This takes up significant officer time where no meaningful actions can be taken, reducing the time that can be spent on infestations which are a real risk to agricultural areas, particularly those with horses.  Section 2 of the Act permits the Dept. to issue a notice on landowners to cut or destroy injurious weeks within a specified time. This is easier to enforce and is only carried out where there is a significant infestation that will affect agricultural land. Focusing on the use of notices under Section 2 would achieve he required reduction of risk to animals on agricultural land.  For comparison, the UK weeds Act does not have an equivalent to our Section 1 but functions solely on text similar to our Section 2.  If section 1 was removed from the Act it would no longer be an offence to harbour listed species on the Weeds Act, unless a notice has been issued by DEFA.  This would remove the duty to eliminate these species from the Island – a duty that is in itself both unachievable and contrary to sound environmental practise and convention.                  Peter McEvoy.

Members had not had much time to read this but the main feeling was that Members would not like it to be used as an excuse for DoI to leave weeds growing at the edge of roads.  It was still their responsibility to deal with them

9.  PLANNING APPLICATIONS

a)  11/1656.  The Retreat, Surby Road, Surby. Mr & Mrs P Kneen. Proposed roof alterations; retrospective permission for solar panels to south elevation.

No objections.

10.  PLANNING APPROVALS

a)  11/1493.  Copcut Elm, Ballagale Close, Surby. Mr P West. Erection of conservatory porch.   Decision – Director of Planning.   Issued 7/12/11.

11.  PLANNING REFUSALS none.

12.  PLANNING APPEALS

a)  11/0709.  Woodville, Castletown Road. Mr J Hill. Alterations, erection of extension and installation of replacement windows.

The Appeal has been refused and the original decision i.e. to refuse permission still stands.  The Inspector’s conclusions state that ‘1.7 In light of the above, I conclude that the proposed extension would have a materially adverse effect on living conditions at Savona, and it would have a harmful visual impact as viewed by the public.  The Planning Authority’s decision to refuse the application should therefore be confirmed.   Inspector – Ruth Mackenzie.  Issued 8^th December 2011.

13.  COMPLETION CERTIFICATES none.

14.  OTHER PLANNING MATTERS none.

15.  ANY OTHER BUSINESS

a) Mr Gunn was asked how his wife Jane was recovering after her recent illness.  He said she was doing well.  He was asked to convey Members good wishes to her and to thank her for making cakes for the meetings.

b)  Hole in Road.

Mr Cain had asked the Clerk to report some damage near Cregneash. She had erroneously understood this to be a hole in the road near the Telecom box on the road to Ballnahowe.  This was, in fact, a broken box – possibly Manx Telecom – and was on the Howe Road just be the start of the footpath going over Meayll Hill. The error was corrected when dealing with the Minutes at the January Meeting.  The Clerk was deal with this.

16.  DATE OF NEXT MEETING Wed 18^th January 2012.

The Meeting then went into Private Session.

Meeting held 7pm Wed. 16^th November 2011 at Ballafesson Hall.

MINUTES

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

Mr D Radcliffe.   The Clerk, Mrs G Kelly, was also in attendance.

Apologies – Mr A Tinkler.

1.  MINUTES

The Minutes of the Meeting held Wednesday 19^th October 2011, having previously been circulated, were taken as read and agreed a true record.

2.  MATTERS ARISING:

a)  Southern Area Plan

This was due to reconvene on 21^st November at Legislative Buildings, Douglas.  The Inspector had requested additional written evidence regarding two specific sites, neither of which were the concern of RPC and was following legal representations from one of the objectors to the plan.  This would last two days.

It was noted that there was no need for RPC to attend.

b)  DoI/Local Authority Issues

Local Elections Legislation LA Election Thursday 26^th April 2012.

Rate Arrears -Writing off debts – email from Braddan Commissioners re them collecting their own rates – see 8 e)  Correspondence.

It was agreed not to consider asking them to look into collecting Rushen’s Rates.

Rate Arrears – email from Jon Grubb (forwarded to Members 14/11) Rating Executive from Treasury,  expressing  that he was astounded to hear Braddan Commissioners’ statement that Treasury were not following up non-payers through the Courts – he said that this was grossly inaccurate and that in 2009/10 they collected 99% of rates; highest collection rate for 2010/11 rating year at the moment was 99.96%.

This was noted.

c)  Waste Management and Refuse Collection

Bad debts – Mr Tinkler had not yet given the information to the Clerk.  There was also another householder who had not paid for some time and the Clerk said she would pursue this.

d)  Lighting/MEA

Ballagawne Road project.  This was in the process of installation.

Light at Cronk y Dhooney – reported to be beyond repair – badly corroded.  Estimated cost £350 + vat.  The Clerk had contacted Members – 3 replied agree to go ahead and she had therefore given instructions for the work to be done.

Light RN100 Truggan Road. Reported as requiring renewing – currently working but the fitting and arm were badly corroded and recommendation was for replacement.  Estimated cost £457 + vat.  It was agreed that instructions should be given to go ahead with this work.

e) High Hedges - reported in private session.

f)  Traffic matters  and DoI.

Ballafesson Road – speed roundels.  Still to be done

Ballachurry Corner – standing water.  Still to be done.

Plantation Hill. – Danger to pedestrians, etc on hill. Nothing. (this had been mentioned to the 3 Rushen MHK’s in RPC’s most recent letter and was also to be brought to the Minister’s attention)

Speeding on Howe Road – This had been monitored.

Civic Amenity Site lines and signs.  40mph sign ‘should be replaced shortly’.

The Level/Croit-e-Caley. The speed of traffic had been on the Traffic Meeting agenda.

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

Shore Road – speed.  This had not been mentioned at the Traffic Meeting.

Glen Chass Road – narrow corner. Nothing further.

Kerbstones at Ballnahowe – Road closed for repairs

Ballakillowey Roundabout. Nothing further.

Cregneash – safety of pedestrians coming to and from the car park. There had been a site Meeting with Hugo McKenzie of the Southern Traffic Liaison Group.  Mr Southworth, Director of MNH and Mr Blackford Properties Manager along with Mr Vernon and the Clerk attended.  They had met at the car park to discuss a safe crossing place down to the lane and also walked along the main road to the other end of the Village to look at safety from that end.  The wooden bollards at the entrance to the car park seemed to cause problems in that they were guiding people onto the most dangerous part of the road to cross.  These appeared to be part of a Millennium project.  Various other aspects would be looked at including extending the speed limit at the top of The Howe, hopefully before the next Traffic Meeting.

Mr Cain suggested that RPC could be keeping the hedge near the entrance to the car park cut back to help with visibility and he would ask David Cooil to do it with his hedge trimmer.  The Clerk said that the debris should be swept up afterwards as it may cause skidding problems on the road surface.  Mr Cain pointed out that it shouldn’t be a problem as the DoT don’t sweep up after they have trimmed hedges.

The Clerk had written to the three newly elected MHKs for Rushen expressing the concerns about Ballafesson Road and Ballachurry Corner and also Plantation Hill.  Mr Watterson had  said that he also had concerns about Plantation Hill.  The Clerk was also to write to Mr David Cretney, new Minister of DoI, with regard to the various problems.

DoI – email rec. re All Island Depot Strategy Project  – copied to Members.  Noted.

g)  Police.

The Clerk had attended the Police Meeting on 2^nd Nov. at PSM Commissioners’ board room.  The Inspector was not available so Sergeant Paul Kemp took the meeting.  There were two crimes in Rushen – possession of drugs and theft of 1,000 litres of fuel.  The Police had asked if all LAs could mention in their Newsletters, if they produced them, that people should lock their oil tanks to prevent theft.

Seat at The Chasms – Mr Cain had spoken to Mr Wilkins. – reported later.

h)  Litter, beach cleans, dog fouling, etc

Dog bin on the traffic sign on the Ballachurry side of the new roundabout.  Mr Radcliffe said that he didn’t appear to have any dog bins in store.  The Clerk said that there was still one at her house and he said he would collect it.

Signs – The Clerk was to ask for prices for five or ten of the wooden signs.

Beach Cleans – Michelle Heywood and the Parents group from Scoill Phurt le Moirrey had cleaned Fleshwick on 6^th Nov.- beach, banks and stream including lots of small items. They collected 5 bags which they left at the top of the shore.  She said that they would go there in another three or four weeks to keep on top of it.

It was agreed to pay £10 per bag and a cheque would be sent.

i)  Ballafesson Playing Field, Car Park at The Howe, Signs

The Clerk had received another call to say the boy was in the field with his dog again. She went over and spoke to him and asked him not to take the dog in again.  The new sign has arrived and Mr Radcliffe had put it up.

The shed.   Nothing further at present.

Swing –  The Clerk had an up-to-date price for the matting – Playsafe Safety Grass from Wicksteed.  This was the surface which grass grows through.  For 20sq m 14 mats at £40 per mat + vat. would be required.  Delivery charge was 5%.  Delivery time would be 3 – 5 weeks.

It was agreed that this should be ordered for delivery to Mr Radcliffe.  The Clerk had heard that Port Erin Commissioners were thinking of getting new playground equipment and she would ask about this in case RPC’s order could be delivered at the same time.

Swings – it had been decided previously that there should be an ordinary swing and a ‘toddler’ swing but the Clerk queried this as she thought that it would be likely that two larger children were more likely to use the swings together and that this may mean that the ‘toddler’ swing could be broken.  It was agreed that two of the same, larger, ones be ordered.

j)  Web Site. Mr Vernon was keeping this updated.  The Audit availability for inspection advert was to be put on the web site.

k)  Southern Civic Amenity Site

Mr Cain said that there was nothing to report.

l)  Municipal Association

Mr Gunn said that he had not been able to attend the last meeting. Received from the Secretary – Keep Mann Tidy letter sent to Municipal Association – not to all LAs. Also – sent to Municipal Association but not to all LAs – Jeff Robinson’s presentation slides on winter snow preparations.

Also from Municipal Assoc. – forwarded from IOM Government – Street Cleaning Performance Management Programme – Local Environmental Quality Survey Report.  This was prepared by ‘Keep Britain Tidy’ for IOM government.  ‘The aim of the survey is to provide an independent assessment of key aspects of local environmental quality.  It is based on the results of the survey undertaken by Keep Britain Tidy during March 2011.’

These were all noted.

l)  Southern Swimming Pool

Mr Radcliffe had attended the last meeting but it had been non-quorate – only 2 Members there.  He reported that the new Manager had started work.    Invoice received for the annual payment – for year ending 12^th March 2012 – £3,085  90.  Approved for payment.

m)  Allotments Mr Radcliffe said that there were no Committee meetings due yet.

n)  Southern Healthcare Committee Mr Vernon had attended the AGM.

p)  Rushen Ambulance Mr Tinkler was not present so there was no report.

q)  MNH nothing further

r)  Risk Assessment

Mr Vernon and the Clerk had reviewed the Risk Assessment and were satisfied that nothing had changed.

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

t)  Golden Jubilee Trust Nothing further.

u)  Unsightly buildings and land A list of zero-rated properties was to be requested.

v)  Sloc Sites & Seats, etc.

Chasms path –   seat and plaque.  Mr Cain had been to see Mr Wilkins regarding the plaque for Ned Maddrell being moved from above the memorial seat to Mrs Wilkins and her father.  Mr Wilkins had said that the plaque shouldn’t be above his seat and if it was put back he would take the seat away.

Mr Wilkins had contacted the Clerk and seemed upset. He said that RPC had given permission for the seat to be there.  The former seat was just a plank and was in very poor condition.  The Clerk had said that she would look through the Minutes to see when that was. She reported to the meeting extracts from the Minutes for 17^th June 1998 – Mrs Wilkins wanted to place a seat on the road to the Chasms in memory of her late father.  A letter of agreement was sent to her.  Minutes 18^th Nov 1998 – a letter was received from Mrs Wilkins stating that they were having a 6ft wooden bench made for the site and that they would erect and maintain the seat.  She thanked Mrs Shimmin and the Clerk for help received.

Mr Wilkins said that if the plaque was put back above his seat then he would remove the seat but he would leave the place tidy.

Mr Charles Guard had said that they had permission from the owner of the wall, Professor Maddrell, to put the plaque on the wall where the original seat had been. It had been put there about 7 months previously.  Mr Wilkins had no right to say that it couldn’t be there.

Mr Cain had a photograph of the seat and the vandalised plant containers had now been replaced with urns.  It was agreed that any memorial seats put up should not be permitted to be turned into a shrine – it should only be a seat with no ornaments, plants, etc.

It was agreed that, should Mr Wilkins contact the Clerk again she would tell him that permission had been given by the owner of the wall that the plaque could be put in that position.

Memorial to wartime plane crash. – crash happened late morning Sat. 14^th April 1945 – above the Chasms.

Mr Tinkler had spoken to Mr Ramsden from the Air Museum and they were keen to be involved in having a memorial put at the site. They had information at the museum on this crash, copies of which had been given to Members. They were in contact with some of the relatives (some of whom had been over in the past to visit the site). They had also provided photos of some other monuments on the Island – Maughold Commissioners and the Manx Aviation Society erected a plaque for a Flying Fortress crash on North Barrule.  If RPC were going to do something similar for this one in time for the anniversary of the crash (in only 5 months time)  then an agreement would be required and also an agreement for funding.  As it was the Board of RPC who had been considering this then it should be for them to carry it forward.  The Clerk reminded Members that the election was at end of April the following year.  It was agreed that Mr Tinkler and the Clerk should take charge of this and they were to meet with Mr Ramsden at the Air Museum.

Mr Cain said that the owner of the field where the crash took place was Mr Eric Watterson who lived at The Point, Port St Mary.  His permission would be required if the memorial was to be put in the field.  The position for the memorial was discussed and it was felt that it should be at the style in the wall of the field.

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

Stone – Mr Cain had brought his piece of slate to Pooilvaaish Ltd for engraving but they said that there was a problem with it.  They said that they would provide the stone at no extra cost.

x)  Agricultural Rating

The Clerk had gone through the rates list which had been sent by Treasury by email.  She had found some which may no longer be ‘agricultural’ and she read out the list.  She was to query whether they should still be rated as such.

y)  Grass Cutting

Contract document and 2010 advert –  had been copied to Members to look through to recommend any changes. Suggested additions had been highlighted.  This needed to be advertised soon.  The Clerk asked if it would be based on the number of cuts which Mr D. Cregeen had been doing and whether it should include the possibility of weed-spraying.  She also asked how much information should be given as regards the present contract e.g. the present costs and Mr Crgeen and Mr Booth would already know this.   It was pointed out that the costs would be available in the Minutes, which were open for public inspection.

The Contract was to be initially for one year, with an option of a further two years.  Commencing on 1^st February.  The advert was to be put in the Examiner and Courier in the first week in December, for one week.  Closing date for Tenders to be received was to be 11^th January.  These would then be discussed at the Meeting on 18^th January so that a decision could be made then.

z)  Newsletter Mr Radcliffe to progress this.

ab) Rushen & Arbory – possible sharing of services.

Mr Cain said that he had seen Mr Cowin, Chairman of Arbory Commissioners again and he understood that they would be discussing the matter at their meeting.

Ac)  Disaster Recovery Plan

Email from Colin Whiteway of Braddan Commissioners (copied to Member 15/11).  He had spoken to Ian Radford from Baker Tilly, who had an office fire the previous year and had only now got back into their offices.  He had asked if they would be interested in imparting their knowledge on a Contingency Plan.  They were willing to do so and had opened it up to other LAs.  Mr Radford suggested a 15 min slide show with a longer question and answer session – possibly taking half a day. They could cope with 20 people maximum but if there was more interest they could possibly get a larger venue.  Reply by 31^st Nov if interested.  The Clerk was not instructed to contact them.

Ad  Children’s Sports/Hop tu Naa to be taken off the agenda at present.

Ae)  Ballagawne Road – bus shelter.

There had been a lot of emails back and forward between MHKs and IOM Transport and DoI.  DoI had looked into this and had come to the conclusion that if there was to be a shelter it should be over near Ballagawne Nurseries, where there is a pavement.  However, a letter had now been received from Mr Longworth, Director of Public Transport (copy given to all Members).  Juan Watterson MHK had raised the matter with them on 18^th October and there had been a site meeting between officers of DCCL and DoI.  All available options were assessed and the site near Ballagawne Nurseries was considered the safest, although it is approx. 120m further from the Ballakillowey junction.  DoI had given an informal verbal estimate for hard standing of £10,000 – £15,000 as extensive groundworks would be required due to the drop behind.  The inclusion of a shelter would increase the depth of the hard standing required from the highway edge.  ‘As you are aware our funding has been reduced and our budget for bus stops and shelters has been severely cut.  At present the current year’s funding has been used and we therefore have no spare shelters available.’  The latest price mentioned was £20k, presumably including a bus shelter.

This was discussed and thought to be too expensive and would be in the wrong place.  The possibility of putting a hard standing area at the existing bus stop was discussed and Mr Vernon and Mr Radcliffe were to have a look at this and report back to the next meeting.

Ballachurry Bus Shelter - Juan Watterson MHK had sent an email forwarded to Members 27/10.  He had received a complaint from a resident of Fairy Hill about RPC’s bus shelter being open to the prevailing winds.  (This shelter was built by RPC Members themselves)  The provision of some sort of screening was discussed and the Clerk was to ask Colas if they sold heavy duty Perspex sheeting which would be suitable for this purpose.

Af)  Winter Concert/talk

The Clerk had provisionally booked Ballafesson Hall for 3^rd and 10^th February.  Mr Cain was to ask Mr Dessie Robinson and Mr Michael Kneale to see which date suited them.  Mr Radcliffe said that he had not spoken to Mrs Corrin yet about the catering.

Ag)  Hedge at Garthcote. A reminder was to be sent to the occupier.

Mr Vernon brought to the Members attention the hedge on Ballafesson Road owned by Mr C Cowley.  He said that this was growing over the pavement again.  A letter requesting him to keep it cut back was to be sent.

ah)  consultation – Draft Planning Policy Statement – Replacement and extension of Dwellings in the Countryside.

The Clerk had completed this on-line with the answers as agreed at the last meeting.

ai)  Castletown Commissoners – sharing services. Email from Clerk of Castletown  – they suggested a meeting at 7pm on either 1^st or 8^th December at their office.  They also suggested that a maximum of 2 Commissioners and Clerk attend.  There was no formal agenda yet just a general discussion but if Members had any specific items let them know and he could start one.  Mr Vernon, Mr Tinkler and the Clerk were to attend and it was agreed that 1^st December was the most suitable date.

aj)  Port Erin Commissioners – contributions to Library and Fireworks

Letter of thanks received.

Ak) Zero rated properties

This was to be brought up with the 3 Rushen MHKs when they met with RPC.

al)  New Youth Committee.

Mr Radcliffe had  attended this for RPC.  Mr Cain indicated that he had also attended as it had been open to the public.

It seemed that there was plenty for the young people of the south to do but it needed co-ordinating.  One of the things mentioned was the provision of sheds/shelters where there could be solar-powered power supplies for young people to plug in their computer games, etc.  These would be places for young people to gather without being ‘organised’.  Mr Dave Hattersley, Youth Officer, had spoken of these and the Clerk said that he had also mentioned it at the Police Meeting, which he regularly attends.

am)  Christmas Tree.

This had been ordered – delivery requested for 10^th December.

an)  Rushen MHKs.

They have been invited to attend a meeting but not a specific date.

RESPONSIBLE FINANCE OFFICER’S REPORT.  This report available in the Minute Book as the Office of the Commissioners.

8.  CORRESPONDENCE

a)  National Service of Remembrance.

The National Service of Remembrance held on 13^th November at the Royal Chapel of St Johns.  Invitation for a representative to attend.  Mr Vernon and his wife attended for RPC.  The Chairman attended the Service at Rushen Parish Church and laid the Poppy Wreath on the Rushen Parish War Memorial.

Consultation questionnaire – Recreational Use of the Island’s Reservoirs document and questionnaire received from IOM Water and Sewerage Authority.  They were asking for views on the future recreational use of the Island’s reservoirs and these views would be balanced alongside the requirement to protect the Island’s raw water resources and the health and safety of the public.  They were ‘seeking a sound evidence base on which to develop the Authority’s Recreational Use Policy and, as such, your input into this process is invaluable.’

The Clerk had copied this to Members on 31^st Oct and asked if anyone wanted a hard copy – no replies received.  The Clerk was to send a general reply supporting some of the uses of the reservoirs.

c)  Scooter (disabled) access on public rights of way.

Email received from Juan Watterson MHK – a copy of one he had sent to DoI. Copied to Members 7/11.  Some of the accesses were not suitable for these ‘disabled’ scooters.  Public Rights of Way are for people on foot only and technically these scooters are ‘vehicles’. The Island does not having a Disability Discrimination Act which would enforce improvements to footpaths where it is reasonable for wheelchair and other disabled access.  The Rights of Way Officer would reconsider the types of gate that would be ordered in future for routes that might otherwise be accessible.  The Disability Discrimination Act is ‘in the pipeline’.

This was noted.

d)  Long or Heavy Vehicle Designated Routes.

Received by email – forwarded 9/11.   Noted.

e)  Collection of Rates – Braddan Commissioners.

Received by email and forwarded to Members 3/11.  ‘They were ‘stunned’ to hear of the problems that other local authorities are having in collecting their rates.  This is due to Treasury not following up the non-payers through the Courts.  Braddan now issue and collect their own rates and they now have a 99%+ success rate.  They could collect other local authorities rates and would charge a flat rate of 1.5% of the total rateable value of the Authority.  However, they could not appear in court for another local authority – that would have to be for that LA Clerk to do.’

It was agreed that Braddan Commissioners would not be approached to collect Rushen’s rates.

f)  Southern Chronicle.

A new community newspaper for the south had been launched by Bill Dale and Ricky Broadbent.  There had been an introduction to this at the Bay Hotel, Port Erin on 1^st November and Mr Cain had attended.  He reported that it was going to be published regularly.  Mr Vernon was to liaise with them with regard to publishing articles.

g)  Request from a student.

He was undertaking a waste management survey a part of his final year degree.  This would require some data from past years – hopefully 5 years.  He would be sending a questionnaire.  The Clerk had already given him some information and would complete any questionnaire he sent.

h)  Southlands – Christmas.

Invitation to join them at Southlands on Christmas morning at 11am for carols around the Christmas Tree.  RSVP.

i)  Port Erin Commissioners

Invitation to their annual Carol Service in St Catherine’s Church in Port Erin on 15^th Dec. Mince pies and punch would be served in the Church Hall after the event.

j)  Road Transport Licensing Committee.

Applications, decisions and notices.   Noted.

k)  Planning Committee.

Letter from Director of Planning.  Mr Howard Quayle newly elected MHK had been appointed Chairman of the Planning Committee.  ‘Mr Quayle is keen to improve the meaningful engagement and participation of Local Authorities in the work of the Planning Committee.  IN this respect Mr Quayle has suggested that each Local Authority may wish to identify (if not already done so) one of its Members as a Lead Member for planning matters.  This would then enable the Department to engage in a more targeted dialogue on planning matters directly with Local Authority Members.  In this respect, Mr Quayle is keen to extend an invite to identified Local Authority Lead Members for planning to regularly attend and observe meetings of the Planning Committee at which planning applications in their area are being considered.’

It was agreed that the Clerk would be the best person to attend but Mr Radcliffe was also nominated to attend for any controversial planning applications in Rushen.

PLANNING MATTERS

9.  PLANNING APPLICATIONS

a)  11/1493.  Copcut Elm, Ballagale Close, Surby. Mr P. West. Erect a single storey conservatory/porch to the rear of the property.

No objections.

10.  PLANNING APPROVALS none

11.  PLANNING REFUSALS

a)  11/1166.  Homefield, The Level (the old shop). Mr P Luckman. Erection of a replacement detached garage and workshop.  Reasons for Refusal:- 1. The proposed development would be contrary to General Policy 2 part of g of the IOM Strategic Plan 2007, as it would result in loss of outlook and daylight to the rear of the adjacent dwelling Lindisfarne, which would adversely affect the amenity of this dwelling to an unacceptable degree.   Decision – Director of Planning.   Issued – 24^th October 2011.

12.  PLANNING APPEALS

a)  11/0839 and 11/0840, Upper Kirkill, Ballakillowey Road. Mr & Mrs S Berry. The Appeal documents had been received and it was held at 2pm on Wed. 16^th November.  This is for both planning applications – the very modern and the large, more traditional.

Mr Radcliffe and the Clerk had attended and reported that, due to how the Inspector rang the Appeal, it seemed to be a bit of a waste of time them attending.    They were thanked for attending.

13.  COMPLETION CERTIFICATES

a)  03/7399.  Westwood, Christeens Way, Ballakillowey. Mr R Swayne. Conversion of garage to bedroom.  New garage/study and w.c.  enlargement of redundant conservatory.  Issued 13^th October 2011.

b)  09/7236.  Ballavayre Farm, Ballakilpheric Road. Hintock Ltd. New opening in existing outbuilding to become a domestic garage.  Issued 6^th October 2011.

14.  OTHER PLANNING MATTERS

a)  Planning application submissions – plans and supporting information.

Clerks had been invited to attend a briefing covering the above subject. Thursday 3^rd Nov. in Murray House. The Clerk had attended this – from 4pm until nearly 6pm, and she gave a report.  There were a few Clerks but in the main it was architects.  Most of the briefing was for architects and not local authorities.  The planners suggested certain things that they would like to see in submitted plans to make them easier for them and especially the public to understand.  One of the things that they said are really helpful was photo-montages.  They showed a few examples of plans for discussion and one of these (regarding replacement properties should not be larger than 50% of the existing) was Lhingague Cottage – the plan for which was for demolition and building a larger property. – larger than 50% – they said that this was acceptable as the existing was of poor design as it had been changed a lot and the accommodation (heights of ceilings I think) was not to today’s standards of building.    Just at the end, Jennifer Chance seemed to remember that there were some people from LAs there and asked what they thought.  The Clerk said she was the only one to speak and she had said that it would be of benefit to the public and local authority members if the actual measurements were put on the plans rather than having to scale them – she also said that this was especially important with regard to height and that the neighbouring properties should be shown for comparison heights.

These meetings were going to be held regularly.  She thought it was an awkward time of day to hold a meeting – it meant getting caught in the traffic.

b)  Application withdrawn – 11/0901/B Shenvalley Farm, Ballnahowe. Cheeseden Investments. Erection of a replacement dwelling with detached garage.

15.  ANY OTHER BUSINESS

a)  List of past Chairman.

The Clerk was going to compile a list from all the Minute books available.  Mr Vernon was to then go to the new centre at the Museum where various historical records could be researched on computer.  It was possible that many of the missing names could be found.

b)  Christmas Meal. Mr Cain was to organise this for 7^th January at the Shore Hotel.

16.  DATE OF NEXT MEETING Wed 21^st December 2011.

Meeting held 7pm Wed. 19^th Oct. 2011 at Ballafesson Hall.

MINUTES

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

The Clerk, Mrs G Kelly, was in attendance.

1.  MINUTES

The Minutes of the Meeting held Wednesday 21^st September 2011, having previously been circulated, were taken as read.  Mr Gunn asked for a correction to 2 l)  Municipal Association which should have read ‘there would be no meeting in September’  not October.  This was corrected and the Minutes were then approved for signing.

2.  MATTERS ARISING:

a)  Southern Area Plan

Mr Radcliffe and the Clerk had attended and spoken at the Inquiry on Wed. 5^th Oct at 9 30am and also on Tuesday 11^th October at 10.25am (after Port Erin Commissioners).  Mr Gunn and the Clerk spoke for the Ballakilley Working Party at 11.40am on the same day The venue was Morton Hall, Castletown.

A BKWP meeting had been held the week before the Inquiry.

The Chairman requested that it should be Minuted that the Board thanked Mr Radcliffe, Mr Gunn and Mrs Kelly for all their work both before and during the Inquiry.

The Clerk had received flowers from the Board, in appreciation for the work done, and she thanked them for those.

Unfortunately, the Inquiry had not finished when it should as there were some disputes between other parties who were to speak later in the week.  These were now to appear later in November and it was not, therefore, known when the Inquiry would end.

b)  DoI/Local Authority Issues

Local Authority Handbook.  Nothing further.  This was still only available on the DoI web site.

Local Elections Legislation LA Election Thursday 26^th April 2012.

Mr Tinkler asked the Clerk if she would clarify when the newly elected members would actually be board members.

Financial Training – The Clerk had attended the financial training afternoon on 26^th Sept.   She reported that some of it was interesting, some not relevant to a smaller authority such as RPC.

Michael Crowe from PKF had said that the ways things were going with  SORP it would be more on an international basis and be even more complicated.  It was going to be brought in but they didn’t know when.

One of the things everyone was concerned about was the way Treasury – Rates section – writes off debts without consulting with the LA Boards.  He did not think that this was correct.  There seemed to be a discrepancy in that Boards should approve the writing-off of such debts.  (For this year’s Audit, because the Junior who was dealing with RPC’s audit only brought this up as late as the previous week -  after speaking with the Chairman and as RFO she had to say that RPC would agree to it this year – but they wouldn’t in future.  If this hadn’t been done it would have caused even more delays to the Audit).

This should be something all Local Authorities should be approaching Treasury to sort out.

With regard to fixed assets – the way each authority treated public lighting was inconsistent but MC said it was not a particular issue.  All LAs must keep a Fixed Asset Register.  This would contain details of housing and operational assets.  Housing needed to be revalued every 5 years.  RPC’s houses were due to be revalued for the 2011/12 accounts

The Local Gov. Unit Manager had written to ask for feedback from the course – training, content, location or organisation.   They wanted to review the cost of this type of training event – the Department needed to make sure that the training courses they provide were achieving full value for money and the feedback would help to inform future provision.

Email (copied to Members 19/10) from Local Government Unit – they had received some queries from LAs about public/private meetings and the rights of the Dept. to ask for copies.  Sec. 34 of Local Government Act states that the Department may by notice in writing to a local authority to supply to the Department copies of the minutes of any proceedings specified.  i.e. the local authority, any committee or sub-committee of the authority or any joint committee established by the authority.  Also pointing out that there is no distinction in legal terms between a private meeting and a public meeting…. and are subject to inspection. LAs may wish to discuss ‘sensitive’ matters in private session and they suggested that such matters included contracts, housing allocation, staffing matters and land transactions or whenever it was likely that if members of the public were present during that item confidential information would be disclosed to them in breach of obligation of confidence.

Ratepayers of the district are allowed to inspect the minutes and make a copy of or an extract from those minutes.  Also DoI can ask for copies.  However, for minutes of decisions taken in private session which contain ‘exempt’ information i.e. staffing, legal or contractual matters or housing allocation eg then only a narrative summary need to be publicly available.  Local Authorities should not use private sessions other than to discuss sensitive matters as described above.

c)  Waste Management and Refuse Collection

The ‘second bin charge’ letters had been sent out on 6^th October.

Bins – Patrick Commissioners had contacted the Clerk to say that they were making an order for 50 bins and asking if anyone else wanted to order some to bring the price down.  They had been quoted £25 – £30 each plus delivery – a bit more expensive than last time.  The Clerk had asked them to order 10 for RPC.

d)  Lighting/MEA

Ballagawne Road project.  Ian Gilbertson had replied that he was unable to offer the option of using new wooden poles instead of columns but would continue pursuing this for the future.  However, where existing poles were in a sufficiently good state of repair they may be retained for street light purposes to minimise costs.

The Clerk had asked him to get the work done as soon as possible as it the time of the year when it was getting dark early.  She was also to ask if he could make sure that the trees were cut back so that they wouldn’t obstruct the lighting.

Light by Greystones, Ballakillowey.  Report from MEA that the fitting was broken and on the ground due to being badly corroded and was beyond repair.  Estimated cost for new one was £457 plus vat.      It was agreed that instructions for this to be replaced were to be given.

e) High Hedges – reported in private session.

f)  Traffic matters –

Ballafesson Road – speed roundels.  Still to be done

Ballachurry Corner – standing water.  Still to be done.

Plantation Hill. – Danger to pedestrians, etc on hill. Nothing would be done.

Speeding on Howe Road – This had been monitored.

Civic Amenity Site lines and signs.  40mph sign ‘should be replaced shortly’.

The Level/Croit-e-Caley. The speed of traffic had been on the Traffic Meeting agenda.

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

Shore Road – speed.  This wasn’t mentioned at the Traffic Meeting.

Glen Chass Road – narrow corner. Nothing further.

Kerbstones at Ballnahowe – Road closed for repairs

Ballakillowey Roundabout. Nothing further.

Cregneash – safety of pedestrians coming to and from the car park to look at the Village. The arrangements for a site meeting had been delayed slightly until Mr Vernon returned from holiday.  The Clerk would now liaise with DoI Highways and MNH to arrange a suitable date for the meeting.

Members were concerned that so little had been done with regard to some of the above items despite them being discussed at Traffic Meetings over the past few years.  A general letter regarding these but with specific reference to Ballafesson Road, Ballachurry Corner and Plantation Hill was to be sent to the new Minister, Mr David Cretney.

The three newly elected MHKs for Rushen – Mr Juan Watterson, Mr Philip Gawne and Mr Laurence Skelly were to be invited to attend a meeting in the next few months.  In the meantime a letter was to be sent to them expressing RPC’s concerns about Ballafesson Road, Ballachurry Corner and Plantation Hill, especially asking for their support with regard to trying to make that road safer for pedestrians.

g)  Police

The Clerk had attended the Police Meeting on 27^th September and reported that there had been 4 crimes in Rushen – a theft in Radcliffe Close, the plant pots at the seat at the Chasms, BGH in Fairy Hill and a Section 2 offence in Fairy Hill involving an altercation where two garden gnomes were wielded.

The van in Castletown Road, parked long term near to the level crossing had now been removed. The Police had been able to do this, even though the vehicle was taxed, as it was just being used for storage and therefore unfit for the road.

Castletown Road, by the Amenity Site – the 40-mph traffic sign would be replaced (from the Traffic Meeting).

With regard to the seat at the Chasms Mr Cain said that he had not spoken to the people involved yet but he would do so. He had, however, spoken to PC Higson.

The next Police meeting would be held on Wed. 2^nd Nov. at Port St Mary Commissioners’ board room and Mr Vernon indicated that he would attend.

h)  Litter, beach cleans, dog fouling, etc

Dog bin on the traffic sign on the Ballachurry side of the new roundabout.  Mr Radcliffe had not had a chance to put this up yet.

Signs – The Clerk had contacted DEFA and they indicated that they could make any sign RPC wanted but they would need to discuss wording and materials.    It was agreed that these should be made of wood with the wording routed in.  Wording to be the same as the one at the top of Colby glen.   It had not been agreed where to put these signs but one area could be on the banks on the road through Glen Chass.  The Clerk was to ask if it was permissible to put signs on telegraph poles.

Beach Cleans – Michelle Heywood from PSM had contacted the Clerk to say that the Scoill Phurt le Moirrey’s Parents Group were interested in doing regular beach cleans.  They were raising money for the new Wild Life Garden at the school.  The Clerk had said that the Thousla Trust often give donations to the school but she indicated that they were willing to work for the money rather than just ask for donations.

It was to be suggested that they could clean Fleshwick.  RPC could provide bags and the rubbish could be left at the top of the beach for RPC to collect.  It was to be made clear that they would have to be carrying out this work under their own or the School’s insurance.

i)  Ballafesson Playing Field, Car Park at The Howe, Signs

The Clerk had received a call to say the boy was in the field with his dog again and trying the door of the shed.  However, when she got there he was gone.

A price had been received from Colas for a sign (copied to Members)  They had not designed it the way she asked – i.e. saying NO DOGS rather than the symbol they had put.  The price  for this with the correct wording would be- £37.50.  It was agreed that this be ordered.

The shed.   Nothing to be done at present.

Swing –The Clerk had now found the information about the safety matting and she was to go ahead and order this.

j)  Web Site.

Mr Vernon would now update the site with several months of Minutes.

Invoice received for annual renewals

Renewal of rushen-commissioners.com 5/11/2011 – 4/11/2012 – £15

Website Hosting (rushen-commissioners.com) 5/11/2011 – 4/11/2012 – £60

Total – £75.  This had been approved for payment.

k)  Southern Civic Amenity Site

Mr Cain said that he had not been able to attend the last meeting as the date had been changed due to the Election.

Their Clerk had asked all the southern LAs if they could let her know if they were going to ask their residents to recycle more so that she could be sure that there were enough recycling bins.  This would be mentioned in RPC’s Newsletter.

l)  Municipal Association Mr Gunn would be attending the October Meeting.

l)  Southern Swimming Pool Mr Radcliffe said the next meeting would be the following evening.

m)  Allotments

The first Committee Meeting was held on Wed. 12^th.  Mr Radcliffe had attended and gave a report.  They had mostly discussed sheds.  They were not planning on applying for sheds in the near future. They were looking at tree planting at the top of the field.  With regard to the Appeal Inspector’s recommendation that five plots be taken out of use at this end of the field the Members of the Committee felt that they couldn’t ask people to move as some of them had spent a lot of time on their plots.  They would be having the Committee Meetings every three months.

n)  Southern Healthcare Committee

Mr Tinkler said that there was a meeting on the Thursday evening.  Mr Vernon, as RPC’s representative, was to attend.  It would be held at 7 30pm at Southlands Day Centre.

p)  Rushen Ambulance Mr Tinkler said that there was nothing to report as there had been no meetings.  He would contact the Secretary or one of the members of the Committee.

q)  MNH nothing further

r)  Risk Assessment

Mr Edwin had not been in touch with the Clerk.  She was to contact him now that Mr Vernon was back.

s)  Land in front of Hillcrest, Cregneash

Mr Cain reported that this had been cut.

t)  Golden Jubilee Trust Mr Radcliffe said that there was nothing further on this.

u)  Unsightly buildings and land

There had been no further communication from the resident at The Level.

With regard to unsightly properties and zero rating.  There had been two in Rushen zero rated and there was therefore no rate income for the local authority – these could still cause problems for the local authority to deal with.  This subject was to be discussed with the three MHKs for Rushen.

v)  Sloc Sites & Seat, etc.

Chasms path –   seat and plaque.

The broken planters had been mentioned at the Police meeting and the Clerk had said that there were other issues connected with that which RPC’s Chairman was hoping to sort out.  Mr Cain had indicated earlier in the evening that he would get the problem sorted.

Memorial to wartime plane crash.

Mr Tinkler had not yet spoken to the people at the Air Museum but would do so.

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

Mr Cain had obtained a quote from Pooilvaaish Ltd with the wording on a piece of slate which he had provided.  The cost of silver lettering of the agreed wording would be £150 plus vat or in gold leaf it would be an additional £1 per letter which would make it £225 plus vat.

It was agreed that it should be in gold leaf and that the slate should not be set flat in the ground but be angled so that the rain and mud would not affect the lettering.

x)  Agricultural Rating

The Clerk said that she should now have more time to go through this.

y)  Grass Cutting

The Clerk had asked Mr Booth to pull out the weeds from the stream at the Horse Watering Place.

Tender document – the various inclusions to be taken into account were discussed.  Besides the various grass cutting as previously undertaken some ‘handyman’ work would be required and these would be putting up road signs, litter and dog bins, possibly fixing walls.  The handyman work would be paid for per hour.  Proof of adequate insurance cover would also be required.

z)  Newsletter

Mr Radcliffe hoped to have this ready between Christmas and New Year.

ab) Rushen & Arbory – possible sharing of services.

Mr Cain said he spoke briefly with Mr Adrian Cowin, Chairman of Arbory Commissioners about the possibility of sharing a Clerk and an office, etc.

The Clerk said that the Refuse Contract with Jones Services would expire next April.  The possibility of negotiating a joint contract with Arbory Commissioners was discussed but it was thought there may be too many problems in a joint contract and it was agreed to stay as at present.

Ac)  Disaster Recovery Plan

A discussion took place regarding the backing up of computer records to an outside entity.  It was known that some businesses do this.  Mr Cain said that the Amenity Site Clerk does this and he would find out exactly what company was used by them, although he thought it was quite expensive.  Also Government Offices must back their computer records up somewhere and the Clerk was to contact their IT division to see that they do.

With regard to all other manual files and records, the Clerk said she had started sorting through papers and had some boxes of planning applications and associated paperwork almost ready to be taken to Doxbond, as agreed previously.   Mr Cain said that surely there was no need to keep these but the Clerk argued that these were RPC’s records and should be kept, as should other paperwork and files as they were a record of the business carried out by RPC.  Mr Gunn was asked his opinion and he said that it is a local authority’s responsibility to look after their records.  Mr Cain requested that the Clerk ask DoI – local government unit.

Ad  Children’s Sports/Hop tu Naa

There would be nothing organised by RPC for this.

Ae)  Ballagawne Road – bus shelter.

The Clerk was to write to Mr Longworth, Director of Isle of Man Transport, with regard to the possibility of sharing the costs of putting up bus shelters in Rushen, in particular one on Ballagawne Road near the roundabout.

Af)  Winter Concert/talk

Mr Cain had spoken to Michael Kneale to ask if he would be willing to give a talk, along with Dessie Robinson and he was keen to do so.  The Clerk was to ask if the Hall would be available for a Friday evening either late in January or in February.  Mr Radcliffe would speak to Muriel Corrin to ask if they could organise the refreshments.  Mr Cain and Mr Radcliffe suggested that the money from the Talk could be split between the Rushen Endowment Fund and Ballafesson Chapel.  They had both been asked to join the Endowment Fund Committee and knew that help towards funding would be appreciated.

Ag)  Hedge at Garthcote.

The hedge had not been cut.      The Clerk had not yet looked at the hedges on Ballakillowey Road which were coming out over the pavement.

RESPONSIBLE FINANCE OFFICER’S REPORT.

The financial items are available in the Minute Book which is kept at the Office.

8.  CORRESPONDENCE

a)  consultation – Draft Planning Policy Statement – Replacement and extension of Dwellings in the Countryside. A Document and questionnaire were available on the gov.im web site for comments to be made to the Department.  A copy had been enclosed with the agendas. Views by 11^th Nov.

This was left until later in the meeting to see if there was enough time to deal with it.  It was dealt with at the end of the meeting and the questionnaire completed ready for the Clerk to return it online.

b)  Castletown Commissoners – sharing services.

Email received from them – ‘Following a meeting on 3^rd October the Board has instructed me to contact all the Southern Area Authorities to suggest a meeting.  The purpose of the meeting would be to explore possible ways of streamlining/sharing our services.  Now that the election is over it is highly likely that the subject of local authority reform will re-emerge and the Board now believe that we should embrace the possibility of change, be proactive, and take the initiative rather than have change thrust upon us.  The suggestion is that the Chairman of each authority plus 1 other Board member meet, simply as a forum for any thoughts/ideas etc.  I should be grateful therefore is you would kindly place this matter before your Board.’     The Clerk had suggested that it may be a good idea to include the Clerks who would have information at hand to help discussions.

It was agreed that there should be representation from RPC and Mr Vernon was nominated to attend along with the Clerk.  The Clerk said that other local authorities could be sending 2 Members plus Clerk.  Mr Tinkler was nominated as a possibility to attend also should it transpire that there should be two Members.

c)  Port Erin Commissioners.

They had emailed to ask if ‘your Board (and Arbory) had generously agreed to a contribution to the library expenses this year.’   The Clerk had replied that it would be considered at the October Meeting but that allowance had been made in the Estimates for the year.

The previous year RPC had contributed £650 to the Library and £250 to the 5^th Nov. fireworks.  It was agreed to increase this to £700 for the Library and £300 for the Fireworks.

d)  3^rd Supplemental List 2011.

The Clerk had noticed that here were 2 properties zero rated and had queried these. The Bungalow, Ballagawne Road, which had been empty for years and was in very poor condition and Surby Mount,  Surby.  She had asked Mr O’Hanlon, the Valuer, what the criteria for zero rating was and he had explained that it was whether or not the property is in a condition fit to be rented.   Surby Mount had been empty for 6 years, was very damp and beyond refurbishment.

Members were of the opinion that when such properties were left empty and neglected they became a problem to the local authority which had to deal with it under the unsightly land and properties legislation and if there was no rate income then they were a burden on the other ratepayers.  This was to be brought up with the Rushen MHKs when they came to a meeting.

e)  Highways Monthly Newsletter. Received by email and forwarded to Members 13/10.

f)  House of Keys election e-newsletter. Available on-line from the office of the Chief Minister.

g)  Civic Sundays.

Lezayre Parish Commissioners.  Invitation received for Members to join them in a ‘Festivity of worship, song, music and refreshments ‘ at their Civic Sunday on 30^th October at 2pm at Sulby Community Hall, Clenagh Road.  A short service lead by Rev. Brian Evans-Smith followed by live music by the Manx Jazz Kats together with refreshments.    RSVP.  No Members indicated that they would be attending.

h)  New Youth Committee.

Received – email from Laurence Skelly MHK – forwarded 13/10.  The 3 MHKs wanted to.. ‘create a new committee to help the youth of our constituency to have a unified voice and help progress projects and initiatives for our young people.  Dave Hattersley, youth worker for Rushen, will sit on the committee and appoint 1 or 2 young people and we shall find a couple of pro-active parents to balance the committee.  As its going to be constituency based we would like to invite each of the commissioners to send along a representative.  Date of meeting 7pm 1^st November at Rushen Youth Club, Shoprite Car Park.’

Mr Radcliffe was nominated to be RPC’s representative on this.  Mr Vernon indicated that he would also be interested.

i)  IOM Model Engineering Society. They were looking for somewhere to lease  to put up a raised track.  RPC did not have anywhere for this.

j)  Christmas Tree.

Order form and prices received from DEFA.  The Church were getting one from Mr John Bregazzi.   The trees and delivery were thought somewhat expensive but it was agreed that a 15ft tree should be ordered and delivered the same date as the previous year.

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

PLANNING MATTERS

9.  PLANNING APPLICATIONS There were none this month.

10.  PLANNING APPROVALS

a)  11/1132. Friary Croft, Ballakillowey Road. Mr A Preston. Installation of replacement dormers, windows, front door and installation of roof panel on adjacent barn.

Decision – Development Control Manager.   Issued 23^rd September.

b)  11/913.  Bird Observatory, Calf of Man. MNH. Alterations including installation of solar panels and water butt, replacing outbuilding roofs, provision of visitor toilet and erection of wind turbine. Conditions include – 3.  A method statement detailing measures to protect bats must be submitted to and approved in writing to the Planning Authority prior to the commencement of any work.  For the avoidance of doubt, no works affecting the bat roost or roosting bats must be undertaken within the 1^st September – 15^th May period inclusive.   Decision – Director of Planning and Building control.   Issued  27^th September 2011.

c)  11.1120.  Moorhouse Farm, Mount Gawne Road. Moorhouse Farm Ltd. Conversion of existing outbuilding to ancillary living accommodation.    Conditions include – 3.  The proposed living accommodation may be used only in association with the main dwelling house ‘Moorhouse Farm’ and for purposes incidental to the use of main dwelling house ‘Moorhouse Farm’ as a single dwelling and for no commercial purposes.

Decision – Director of Planning.  Issued 28^th September.

d) 11/1237. 19a Odins Way, Ballakillowey Estate. Mr D Ward. Replace existing garage with extension to dwelling and widen driveway.

11.  PLANNING REFUSALS

12.  PLANNING APPEALS

a)  11/0709.  Woodville, Castletown Road. Mr J Hill. Appeal against refusal for alterations, erection of extension and installation of replacement windows to dwelling.  Appeal to be held at 9 30am on 3^rd November.  (RPC did not object to these plans).

13.  COMPLETION CERTIFICATES none.

14.  OTHER PLANNING MATTERS

a)  Planning application submissions – plans and supporting information.

Clerks had been invited to attend a briefing covering the above subject. Thursday 3^rd Nov. in Murray House. The Clerk had confirmed that she would attend and had asked if Members could also go but was informed that there was not enough room.

15.  ANY OTHER BUSINESS

a)  Rushen MHKs.

Mr Tinkler suggested that a letter be sent to Mr Laurence Skelly the new MHK for Rushen and an invitation sent to all 3 Rushen MHKs to a meeting in a few months’ time.

16.  DATE OF NEXT MEETING Wed 16^th November 2011.  Mr Tinkler indicated that he would not be able to attend.

Meeting held 7pm Wed. 21^st September 2011 at Ballafesson Hall.

MINUTES

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

Apologies: Mr P Vernon.

The Clerk, Mrs G Kelly, was in attendance.

1.  MINUTES

The Minutes of the Meeting held Wednesday 17^th August 2011, having previously been circulated, were taken as read and agreed a true record.

2.  MATTERS ARISING:

a)  Southern Area Plan

RPC (Mr Radcliffe) was to appear on Wed. 5^th Oct at 9 30am and also on Tuesday 11^th October at 10.25am (after Port Erin Commissioners).  BKWP (Mr Gunn) would be appearing at 11.40am on the same day (Heritage Homes would be appearing in the afternoon).  The Clerk indicated that she would also be there for those days and possibly some others.   Those involved in giving the submissions or appearing as witnesses would have to liaise beforehand

The venue would be Morton Hall, Castletown.

The Clerk asked what publicity should RPC give with regard to their submissions.  It was agreed that the southern reporter for IOM Newspapers could be given a copy of both RPC’s and BKWP’s submissions.

The Clerk was to arrange a BKWP meeting for either the Monday or Tuesday of the following week.

b)  DoI/Local Authority Issues

Local Authority Handbook.  Graham Cregeen for DoI had made a press release informing people that the new Local Authority Handbook could be found on DOI’s web site.

Also email from Local Gov. Unit:

‘This handbook stands as a guide for Members and Officers of Local Authorities and Statutory Bodies.  It replaces the previous one issued. It has been updated and should now include recent changes made to government since the restructure.  It should hopefully serve as an important source of information for all involved in Local Authorities. However, if there is anything that your authority feels they would like to be included in future documents please get in touch and we can look to include them. As you will be aware this is an ever evolving document and it is our intention to try to update over time.’

A copy of the handbook can be viewed at:  www.gov.im/lib/docs/transport/msd/localauthoritieshandbookrevised1.pdf.    This was noted.

Local Elections Legislation

Received by email from Local Government Unit a copy of the revised legislation with revisions made highlighted.  Copied to Members.  This included changes made to Local Election Rules and Absent Voter Regulations; changes to current fees structure. They requested comments by 5^th October.

Members did not have any comments as all changes seemed reasonable.

Also sent was a Timetable for the Local Authority Elections in 2012.  Election day would be Thursday 26^th April 2012.

c)  Waste Management and Refuse Collection

Southern Group Practise.  They had agreed to the extra bin collections i.e. weekly at a cost of £200 and would be paying twice yearly.

The ‘second bin charge’ letters would be going out at the end of September.

Ballnahowe Road closed for repairs – resident in cottage at Ballaman concerned about collection – Ian Jones had indicated that the men would reverse down road.

Bad debts

d)  Lighting/MEA

Ballagawne Road project – site meeting on Wed. 14^th Sept. Mr Cain and the Clerk had met with Ian Gilbertson to discuss further options for the lighting scheme. Manx Telecom were undergrounding their cables and had said that RPC could take ownership of the poles.  Some of them were in good condition and IG had said they should last for another 20 years. The original quote, which was increased slightly in January, was for 4 pole mounted lights to be replaced by 5 columns – quote £7,002.78 plus vat.  RPC had also asked in the previous month for the price of putting in two more lights along to Ballakeyll – these were quoted at £2,705 each.  Manx Telecom were ducting the whole length from the roundabout to Ballakeyll – in conjuction with MEA.

After the site meeting Ian Gilbertson had suggested :-

1)  Utilise the first three wooden poles along Ballagawne Road from the roundabout and fit with new arms and heads, unless the existing arms and heads could be reused, in which case, any costs would be limited to labour costs only.

2)  Use the savings generated to then install a new column and head at the position of pole 01204 opposite the Nurseries near junction of Mount Gawne Road.

3)  If the Commissioners accept the quotation, fit a further two lights between the last light and light towards Ballakeyll.  If any existing fittings can be re-used, then this cost will be removed from the cost of the two new lights.  At the moment we can give no precise idea of these savings as the actual condition of lights will only be determined when they are removed from the existing poles.

This will bring the standard of lighting along this section of the Ballagawne Road up to a much more acceptable level at what we believe is a minimal cost to the Commissioners.’

It was agreed that the work should go ahead but Mr Gilbertson was to be asked if he had investigated the wooden pole option rather than the columns.

e) High Hedges – reported in private session.

f)  Traffic matters –

The Clerk had attended the Traffic Meeting on 14^th and gave a report.

Letter from Mrs Stott from Croit-e-Caley re the speed of traffic through there.  The Clerk had brought it up at the Traffic Meeting. They would put a speed count there now that the school holidays were over.

Ballafesson Road – speed roundels.  Still to be done.

Ballachurry Corner – standing water.  Still to be done.

Plantation Hill. – Danger to pedestrians, etc on hill. Nothing on this.

Speeding on Howe Road – Nothing further.

Civic Amenity Site lines and signs Nothing.

The Level/Croit-e-Caley. (see above)

Glen Chass – sharp corner & turning circle. Cul de Sac sign.   This was not up yet.

Shore Road – speed.  Nothing further on this – there had been no further problems reported.

Glen Chass Road – narrow corner. Nothing further.

Kerbstones at Ballnahowe – Road closed for repairs – notice received. Presumably DoI would be doing this at the same time(not really ‘Traffic’.)

Ballakillowey Roundabout. RPC had been sent speed counts previously. The Clerk had said there was a problem with traffic from Ballakillowey.

Cregneash – safety of pedestrians coming to and from the car park to look at the Village. This was a long standing problem.  It was suggested by Hugo McKenzie, DoI, that they have a site meeting with RPC.  He said that the bollards which were at the entrance stop people walking out the safest way.  MNH had never in the past wanted any signs or markings on the road – RPC had meetings over the last 16 years with DoT to try to solve this.

It was agreed that the Clerk write to MNH inviting them to the site meeting so that this could be tackled again.

g)  Police Next Police Meeting would be on 27^th Sept.  There were no items for the agenda.

h)  Litter, beach cleans, dog fouling, etc

A complaint had been received that someone in the Ballakillowey, Ballagawne Road, Mount Gawne Road area was throwing the full dog mess bags in the hedges in these areas.

Mr Radcliffe was to put up a dog bin on the traffic sign on the Ballachurry side of the new roundabout.  This had been delayed due to the roadworks being carried out for the roundabout.

Mr Cain had previously suggested that the signs which appear in glens, etc  around the Island should be investigated.  It was thought that DEFA made these and the Clerk was to contact them.  The wording which appeared on them was ‘consider others – use the bin provided’.

i)  Ballafesson Playing Field, Car Park at The Howe, Signs

It had been reported to the Clerk that a teenager was walking his dog in the Playing Field.  Also that he had been seen trying to break into the shed.   The Clerk said that the No Dogs sign had come off the gate – it was only a laminated sign.  It was agreed that a new sign should be ordered from Colas – the wording to be ‘No Dogs.  Children’s Play Area.  By Order of Rushen Parish Commissioners.’

Mr Cain pointed out that the Playing Field sign was becoming overgrown and needed cut back.

The Clerk asked if the doors should be taken off the shed and a seat put in it – make it somewhere for the young people to gather?  However, it was decided that this would cause problems and the shed was to be knocked down as it was no longer required for a lawnmower.

j)  Web Site.

Once Mr Vernon was back from holiday he would update this.  He had had problems with his computer.

k)  Southern Civic Amenity Site

Mr Cain made a report with regard to the composting.  Douglas Corporation had been used as a contractor to deal with the composting.  They had broken down and JCK were carrying out the work temporarily.  They were able to do in one day the amount which had taken four days previously.  They were expensive but probably worth it.

l)  Municipal Association

Mr Gunn gave a report of the last meeting.  There had been a speaker there with regard to the Audit Act.  Local Authorities were of the opinion that some of what was required to be carried out was unacceptable and the cost to high.  It had been felt that Local Authorities should get together and lobby the Government for greater choice with regard to the Auditor.   There would be no meeting in October.

l)  Southern Swimming Pool

Mr Radcliffe reported that the pool manager had given a month’s notice and was going to work at the Ramsey pool.  There may possibly be short term problems.

m)  Allotments The Appeal decision had been given.  The Appeal failed and permission was refused for the 25 sheds – see ‘Planning Appeals’.  PSM Commissioners had discussed this at their meeting and it had been reported in the Independent.

The Committee Meeting – two dates had now been given – 4^th or 12^th October.  Mr Radcliffe  to attend as representative.

n)  Southern Healthcare Committee

Mr Tinkler said that there was nothing to report.

o)  Marashen Crescent

Mr Radcliffe reported that the new phase of Reayrt y Crink was on schedule.

p)  Rushen Ambulance Mr Tinkler said there was nothing to report as there had not been a meeting.

q)  MNH nothing further

r)  Risk Assessment

Mr Edwin was working on this at present and had also sent a document on ‘lone working’.  The Clerk expected him to contact her shortly.

s)  Land in front of Hillcrest, Cregneash

The Clerk had advised Mr Edwin that this was now to be included in RPC’s Risk Assessment.   Mr Cain reported that he had asked Mr D Cooil to cut this but the weather had not been suitable.

t)  Golden Jubilee Trust Mr Radcliffe said that there was nothing further on this.

u)  Unsightly buildings and land

Northing further from Mr Richmond.

v)  Sloc Sites & Seats

Chasms path – Mr Cain had been given information about the seat and plaque to Ned Maddrell.  There had been a seat there for years and it had needed replacing.  A seat had been put in its place by Mr Wilkins in memory of his wife.  Planters which he had put there had been broken.  A plaque had been put up at the original seat but had been taken off the wall and put up to the side.

Anne Kaye had also written a letter to RPC with regard to this matter.

Mr Cain said that he would meet with Mr Wilkins in an endeavour to sort the matter out.

Memorial to wartime plane crash. Whilst talking about this area Mr Tinkler mentioned the 1945 plane crash and asked if there should be a memorial there.  It was agreed that he should contact the people who run the Aviation Museum at the Airport and mention that RPC were interested in being a part of providing such a memorial.

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

Mr Cain was to deal with this.  The Clerk had looked at the Deeds of the green and noticed that it was called Lhiondaig there.  It was agreed that Yn Lhiondaig should also be put on the plaque.

x)  Agricultural Rating

The Clerk had received the rates listings from Jon Grubb from Rates Section – via email.  Unfortunately they were hard to read on screen and a lot to print out as they were not coming out on one-page width.  When she had time she would try again.

y)  Grass Cutting

The Clerk had contacted Mr Cregeen to confirm that S Booth should cut the grass for another couple of months.  A new tender document would have to be drawn up, taking into account any other jobs besides grass cutting which would be required. It would have to be worded carefully.

The Clerk was to draw up a draft contract based on the former one.  It was to be for 1 year initially but extendable to 3 years.  There should be an hourly rate for the handyman jobs.  The changes were to be brought to the next meeting.

In the meantime Mr Tinkler requested that Mr Booth be asked to pull out the weeds in the stream at the Horse Watering Place when he was next cutting it.

z)  Newsletter

Mr Radcliffe said that he would try to do this before Christmas.

ab) Rushen & Arbory – possible sharing of services.

Mr Cain said that he wanted to speak to the Chairman of Arbory, Mr Adrian Cowin,  about office sharing.

Ac)  Disaster Recovery Plan

The Clerk said that she still had the old computer, the first one she had been provided with.  What should she do with it as it would have data on it?  The information was to be wiped and it was to be scrapped.

Ad  Children’s Sports/Hop tu Naa

Mr Radcliffe said that he may be able to sort something out for this.

Ae)  Ballagawne Road – bus shelter.

The Clerk had attended a Traffic Meeting at which bus shelters (Arbory School) were talked about.  It had been made very clear that there was no money available for shelters.

As it was felt that there was a need for shelters in certain positions the Clerk was to ask if there would be any available if RPC provided the base and erected them.

Af)  Winter Concert/talk

Mr Cain had not seen Mr Kneale yet but he would do so.  It had been envisaged that the Concert would be held in January or February.

Ag)  Port St Mary Commissioners – dog fouling. This was to be taken off the Agenda.

RESPONSIBLE FINANCE OFFICER’S REPORT. Available in the Minute Book kept at the Office.

8.  CORRESPONDENCE

a)  Election Posters.

Email from Laurence Skelly asking permission to put up posters.  This had been given.

b)  Walney Extension – Wind Farms. Community Consultation.

The presentation for IOM will be held at Villa Marina, Douglas on 15^th September 1-7pm.  This was noted.

c)  Civic Sundays

Laxey Village Commissioners – invitation to attend Sunday 18^th September at 11.15am at Christ Church.

Castletown Commissioners – 9^th Oct, 3pm at Methodist Church.

Braddan Commissioners – 6^th November, 3pm at Kirk Braddan.

There would be no attendance by RPC.

d)  Consultation – Tax Office – ‘Payment of Personal Allowance Credit also – Tax Relief for letting a room in your home. Received by email and forwarded to members 16^th Sept.   There were no views on this.

e)  Three Legs of Mann Classic Car Trial.

To be held 16^th and 17^th March 2012.  There were two parts in Rushen – Mull Road from The Darragh to Cregneash – 14.00 to 17.00 hrs on Saturday 17^th March and also Sloc Road just north of the entrance to Scard to the junction with the Eary Cushlin track – 13.15  to 16.15 hrs on Saturday 17^th March 2012.    This was noted.

f)  Manx Telecom

Phones had been changed over to new network.  Information regarding services.  Noted.

g)  Road Closure – End-to-End Walk (Rushen) Order 2011.

Copy of the above received (copied to members 13/9)  The Order closed the A36 Sloc Road in Rushen for safety reasons, between 1.30 pm and 4 30 pm on 25^th September to enable the End-to-End Walk to take place.

End to End mountain bike race. The Clerk had received a phone call from GreenMan Spring Water who were providing the water for the End to End Mountain Bike Race on 18^th . They wanted to borrow bins – she had said they could borrow the three or four bins which RPC had put at Ballachurry Orchard over the summer for various events. However, they had not used them.

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

i)  Chief Minister’s e-newsletter. Forwarded to members 18/9

j)  Physical Activity Strategy 2011 – 2016.

Received  Strategy booklet and also Implementation Plan.  The Clerk pointed out that it was an extract from the draft of this which she had used in the Ballakilley Working Party submission.

PLANNING MATTERS

9.  PLANNING APPLICATIONS

a)  11/1166.  Homefield, The Level. (the old shop). Mr P Luckman. Proposed replacement garage and workshop.

The owner of a neighbouring property had been to look at the plans and had been concerned about the height.  Whilst RPC had no objections the neighbour’s concerns were to be mentioned.

b)  11/1237.  19a Odins Way, Ballakillowey. Mr D Ward. Demolish existing garage and build and extension to the house is in place.  ‘The extension is similar to the one approved recently PA 11/2671, just smaller’.      No objections.

10.  PLANNING APPROVALS

a)  11/956.  Field 414321.  Ballakillowey Road. Vivienne Pamela Chimes. Erection of two timber sheds.  Conditions include – 2.  This approval relates to the erection of two timber sheds as proposed in the submitted documents which are dated 11/7/2011.  3.  The side elevations and the roof of the stable block are required to be painted/finished and maintained thereafter in and olive green/dark green colour.  4.   In the event of the sheds erected under this approval becoming redundant they must be taken down along with all ancillary infrastructure and be removed from the site within 3 months of the cessation of use and the land restored back to its original use.  Decision – Development Control Manager

Issued 1^st September 2011.   Noted.

11.  PLANNING REFUSALS none.

12.  PLANNING APPEALS

a)  10/1815/B.  Sand Field, Mount Gawne Road – Allotments. Port St Mary Commissioners. Erection of 25 sheds.  Hon. P J Shimmin, Deputy to the Minister has considered the Inspector’s Report and concurs generally with his conclusion.  In particular he agrees that, as submitted, the proposed development would have an unacceptable impact to  the appearance and rural character of the area and would cause unacceptable harm to the residential amenity of adjoining dwellings.  However, he has also noted the appointed person’s conclusions in paragraph 27 of the report, where mitigation measures are set out.  These would involve plots 13,14, 27 28 and 51 being taken out of allotment use and being planted up as native broadleaf woodland.  In these circumstances, the deputy Minister has directed that the appeal should be dismissed and the application refused for the reasons referred to above, but has also indicated that his decision is without prejudice to the submission of a further application which includes the mitigation measures outlined in paragraph 27 of the report.

Inspector’s Assessment:

19.  Drawing from Section 10(4) of the Town and Country Planning Act 1999 General Policy 1 of the IOM Strategic Plan 2007 requires the planning authority to have regard to the provisions of the development plan and all other material considerations.  Currently the development plan for the area is comprised of the Isle of Man Development Plan Order 1982 and the IOM Strategic Plan 2007.  The site is designated ‘White Land’ not zoned for development in the 1982 Development Plan.  The key considerations are (1) whether the proposal accords with the development plan; (2) the implications for the visual amenity and character of the area; (3) the impact on residential amenity; (4) the appeal decision for application PA 10/0468; (5) whether the objections can be resolved by planning conditions and (6) any other material considerations.

(1)  The development plan

20.  Local Authorities on the Island have a statutory duty to meet demand for allotments.  There is general support for them in principle and, given the scarcity of suitable urban sites, the likelihood is that they will be located in rural areas.  However, there are no strategic planning policies for the creation of allotment gardens in the IOM Strategic Plan and the proposed sheds do not fall easily within any of the exceptions for development outside areas zoned for development listed in General Policy 3 (a)-(h).

21.  The activity of allotment gardening does not constitute development requiring planning permission but planning control applies when allotment holders wish to erect sheds on their plots.  In this allotment gardens are broadly analogous with horticulture, market gardening and nursery gardening, albeit without the commercial character usually associated with those uses.  Therefore it is relevant to not the advice in the Strategic Plan at paragraph 7.124.1 that such development can be intrusive in the countryside and that the development of such sites needs to be carefully managed particularly in order to prevent the proliferation of buildings leading to an adverse impact on the character of the area.  This issue is addressed in Environment Policy 17, the gist of which is that the development of buildings associated with nurseries and market gardens will only be permitted where the development is in keeping with the character of its surroundings, would not unacceptably affect residential amenity and the buildings are erected away from public highways and are screened from public gaze.  It is reasonable to infer that these considerations are relevant in assessing whether to grant approval for the proposed 25 sheds.

(2)  The visual amenity and character of the area.

22.  Public views of the site are limited but Environment Policy 1 requires that the countryside will be protected for this own sake.  There is much visual evidence (including gates, fences, wooden frames, pergolas, poly-tunnels, plastic bins, water butts and large quantities of conspicuous coloured netting) that the allotment gardens have already had a seriously adverse impact on the appearance and character of this area of open countryside.  The proposed 25 sheds would hid some of the smaller scale clutter e.g. barrows, mowers, tools, plant pots, etc.  However, more significantly from a wider landscape perspective, they would add to the built-up and disorderly appearance of the site and consequently would harm the appearance and character of the area.  Also, since there is no planning reason for the proposed distribution of the sheds, it could be difficult to resist further requests for sheds, which would lead to further visual harm.

(3)  Residential amenity.

23.  My site inspection confirmed that the allotments are prominent in views from the adjoining residential properties, Carrick Bay View and Highfield.  By adding to the built-up and disorderly appearance of the allotments the sheds would harm the amenity of these residential properties.  The proposed boundary would not provide adequate screening and would do little to mitigate the harm.

24.  As well as gardening some allotments are used for socialising in summer.  While the Allotment’s Committee are taking measures to address anti-social behaviour, the quality of management may vary over time and there is no guarantee that it will always be successful.  A more effective solution would be to ensure adequate separation between the allotment gardens and the noise sensitive properties.

(4)  The appeal decision for application PA 10/0468.

25.  The planning history is significant in this case and clearly the planning officer was professionally obliged to take the previous appeal into account in her report to Committee.  The appeal decision has not been challenged in the High Court.  Therefore the assertions made in a letter from PSM&DAS regarding the legality, rationality and propriety of the decision have no legal standing in the consideration of the current application.

26.  There are no greenhouses and a reduced number of sheds are proposed compared to application PA 10/0468.  However, I agree that if the current proposal is approved it is difficult to see how there could be effective planning control to prevent a proliferation of sheds leading to a similar situation to that considered unacceptable in the previous appeal decision.

(5)  Whether the objections can be resolved by planning conditions.

27.  At the Inquiry it was agreed that the allotment scheme would have benefitted from greater thought at the outset and that the dense layout of plots allows little room for major structural planting.  However, it seems to me, that the principal objections could be overcome by a relatively modest readjustment of the layout of the eastern apex of the site.  I suggest that plots 13,14,27,28 40 and 51 should be taken out of allotment use and planted up as a native broadleaf woodland.  The woodland would provide substantial screening and physical separation of Carrick Bay View and Highfield from the allotments.  It would also screen the allotments from ‘public gaze’ from Mount Gawne Road.  Last but not least, it would form an attractive backdrop to the site when viewed from the west and would help to assimilate the allotments and their sheds into the landscape.

28.  I appreciate that the suggestion would entail major personal sacrifices for the holder of those particular plots affected and that tree shade and water table changes might affect others in the vicinity.  However, it would allow 25 sheds to be erected and would leave open for further consideration the applicants’ suggestion that sheds of an agreed specification could be allowed to be erected on any of the remaining plots should they be required by the individual plot holders.

(6)  Other material considerations.

29.  In the light of the security implications, it is questionable whether the concept of communal sheds is a practical solution.  The suggestion that sheds should be restricted to the lower part of the site and or grouped together in a symmetrical formation would not provide sufficient flexibility to respond adequately to the needs of individual plot holders and therefore is unlikely to prove satisfactory in the longer term.

Conclusion and recommendation

30.  In the absence of the mitigation suggested in paragraph 27, I conclude that the proposed development would have an unacceptable impact on the appearance and rural character of the area and would cause unacceptable harm to the residential amenity of adjoining dwellings.  However, if the applicants were agreeable to amending the application so as to incorporate the suggested mitigation, I am satisfied that conditional planning approval could be granted and recommend accordingly.

G. Farrington.  Independent Inspector.  9^th August 2011.  Issued 24^th August 2011.

13.  COMPLETION CERTIFICATES none.

14.  OTHER PLANNING MATTERS none.

15.  ANY OTHER BUSINESS

a)  Hedge at Garthcote,etc.

A resident of Ballakillowey Road had telephoned the Clerk to complain about the hedge at Garthcote on the corner of Sloc/Ballagawne Road.  It had been ‘lightly trimmed’ at the beginning of the summer but was growing out over the pavement and she said that people at the bus stop couldn’t see the bus coming.  Also – the hedges/banks on the back boundaries of some of the houses on the Ballakillowey Estate were not being kept trimmed as they used to be.  They were growing out over the pavement and also people were allowing their dogs to foul in the grass at the edge of this and children were stepping in it.

RPC had written to the owner of Garthcote a few months previously asking him to cut the hedge.  It was believed that someone was now living there after it being empty for very many years.  The Clerk was to write again.  With regard to the hedges at Ballakillowey/Sloc Road she would need to look and see which hedges were the problem before contacting the owners.

b)  Letter of welcome to the new Vicar

As there was now a new Vicar for the Parish of Rushen, Reverend Joseph Heaton, a letter of welcome was to be sent.

Mr Cain said that he had attended the Induction of the new Vicar and said that it had been a very good service.

16.  DATE OF NEXT MEETING Wed 19^th October 2011.

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

Meeting held at 7pm on Wednesday 17^th August 2011 at Ballafesson Hall.

MINUTES

Present: Mr D Cain (Chairman), Mr P Vernon (Vice-Chairman), Mr A Tinkler,

Mr P Gunn.

Apologies:  Mr D Radcliffe.

The Clerk, Mrs G Kelly was in attendance.

1.  MINUTES:

The Minutes of the Meeting held Friday 15^th July 2011, having previously been circulated, were taken as read.  Mr Gunn asked for a correction to be made with regard to the Municipal Association report – this should read that Mr Graham Cregeen MHK and Amanda Craig were to attend the next meeting.  This was corrected and the Minutes were then agreed and approved for signing.

2. MATTERS ARISING:

a)  Southern Area Plan.

Public Inquiry. The provisional date for the Inquiry to commence was 3^rd October.   The timetable had been confirmed.  The venue had not been confirmed but the Clerk had been told that it wouldn’t be in the Cherry Orchard but probably in Morton Hall in Castletown.

b)  DoI/Local Authority Issues:-

i) Local Government Review – nothing further on this.

Local Election 2012.  Date confirmation and review update

DoI – letter confirming the date of the Local Authority General Election  2012 would be Thursday 26^th April.  They would be providing training sessions for Clerks and Returning Officers in January or February.

Review – they had received a large number of responses from LAs.  The majority of these proposals would require changes to primary legislation which could not be completed before the elections in 2012. However, the Department was committed to addressing key changes such as the possible introduction of proxy voting and the introduction of Deputy Returning Officer as soon as the legislative programme allows following the election process next year.

The Local government Unit is currently updating the Local Election Rules and other relevant legislation following changes made to the House of Keys Elections.  Another possible change would be to reduce the period for objections to the same as the House of Keys Elections i.e. 2 hours rather than the current 3 days.  This is currently being considered and more information will be forthcoming in due course.

Other possible amendments relate to the deadlines for printing of poll cards and changes to the nominations paper.  As well as legislative changes the Local Government Unit will be looking to produce a Local Elections Guide for those who have a role in the elections such as Returning Officer, Clerk, etc.  This would be published in conjunction with the Workshops previously described.

The Department was to produce an election timetable and a general press notice on behalf of all Authorities and would require assistance with the provision of information to us closer to the time.

This was noted.

c)  Dept.of Infrastructure

i) Financial Training Session – for RFOs.

The Clerk had confirmed that she would be attending but would not be available in October due to the Southern Area Plan Public Inquiry.

The training workshop would to be held Mon Monday 26^th Sept. in the DoI’s boardroom at the Sea Terminal.

ii) Proposals to increase the extent of permitted Development for Householders and Government Departments.

The Clerk had completed the questionnaire manually and sent it in with an accompanying letter.

iii)  Petitioning Process – Section 25 of the Local Government Act 1985.  Received – letter reminding Local Authorities that they are required to obtain consent from the DoI regarding the sale, lease or purchase of land.  As such, conveyance documents cannot be signed until Department approval has been obtained to these transactions taking place.  However, Department approval is not required for transactions involving the letting of land for a term not exceeding 7 years.  When submitting petition applications for land sales and purchases, Local Authorities are required to provide the Department with a brief overview of the transaction, along with a plan/map of the area(s) in question, a copy of the draft agreement, and a copy of the valuation obtained from the Government Valuer confirming the price set is fair.  If, however, the transfer is for a nominal sum then no valuation would be required in this instance.  Please be advised that a reminder will be circulated to all the Island’s advocates concerning the above.

Informal Leisure Places.   Nothing further on this at present.

d)  Waste Management and Refuse Collection

Waste Strategy Consultation -  nothing further.

Bad Debtors –  The Clerk had hand delivered the letter to the bad-debtor at his place of work on 20^th July.  No cheque received.  This was now to be taken to the small claims court.

Sound Café – this had now been sorted out.

Damaged bin –  This had now been fixed by MNH.

Refuse Collection  –

Port Erin Surgery – The Practise Manager had contacted the Clerk  with regard to refuse problems. This matter was discussed and Mr Tinkler proposed and it was agreed that they should pay £200 per annum for the extra collections.

e)  Lighting/MEA.

Ballakillowey  roundabout/Ballagawne Road scheme.

Email from Ian Gilbertson, Network  Services Engineer: ‘ I was wondering if you/the commissioners had considered having some further lights placed along Ballagawne Road towards Ballakeyll.  In addition as Manx T are coming on board with removal of their overhead equipment as the same time as ourselves.  Would you like us to look at repositioning the lights to give max benefit.  Lastly as a result of the 11kv OHL now not being removed, the 8m column at the roundabout will need to be repositioned to a more suitable point – I would suggest diagonally across the roundabout.  If you would like to proceed further or comment on these points raised please don’t hesitate to contact me’.

The Clerk had sent him an email but he had gone on holiday.

The matter was discussed and it was agreed to ask the cost of 2 extra lights on Ballagawne Road, towards Ballakeyll.

g) Carrick Bay View. Nothing further.

i)  Hedges

High Hedges:-

The on-going cases were discussed in Private Session.

Trees & High Hedges Act 2005. Letter from R Corlett, Manager, Legislation and Policy Unit of DoI.  This included an updated Delegation of Functions relating to Trees and High Hedges.  The Delegation has been updated to take account of the change from the Department of Local Government and Environment to the Department of Infrastructure in the recent Government restructure. ‘If you require any further clarification about any matters relating to the Trees and High Hedges Act 2005 then please feel free to contact me.’

The Clerk was to contact him about one of the on-going cases.

Hedge Trimming (and weeds)

The Clerk was requested to ask Arbory Commissioners, who cut grass and spray weeds on behalf of the DoI, how much they did and at what rate they were re-imbursed.

Mr Cain reported that the hedges on Glen Chass had not been cut yet.  The Clerk was to contact the DoI to request that this be done.

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

Nothing further had been done with regard to any of the following.

Ballafesson Road – speed roundels

Ballachurry Corner – standing water.  .

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

Speeding on Howe Road –

Civic Amenity Site lines and signs

The Level/Croit-e-Caley.

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

Shore Road – this will probably be discussed at the next Traffic Meeting.

Glen Chass Road – narrow corner.

Kerbstones at Ballnahowe –

Ballakillowey Roundabout. Jim Davidson, DoI,  had sent a copy of the speed counts on the Ballachurry Road from 4^th to 11^th July 2011.  ‘Prior to the new layout at Ballakillowey the 85^th %tile speeds on the Ballachurry Road were 41mph heading towards Ballafesson and 39mph towards the roundabout.  These speeds were a safety concern particularly the approach speed to the junction.  The recent results show a reduction in the 85^th %tile speed in  each direction to 38mph and 34mph respectively.  Whilst the speeds are still in excess of the 30mph speed limit the approach speed to the new roundabout has reduced by 15% and is now within the allowable design speed on the approach to a roundabout.’   This was noted.

Cregneash – Mr Vernon expressed his concern with regard to pedestrian safety for people coming out of the quarry car park.  He asked for it to be put on the Agenda for the next Traffic Meeting.  The Clerk said that to her knowledge RPC had been trying to have this problem solved for 15 years – as long as she had been Clerk.

Email from Hugo McKenzie re Lhingague sign/speed limit. Mrs S Costain from Ballarock is asking for the sign to be repositioned.  ‘It is positioned after the entrance to Ballarock Farm and traffic travelling down the hill, often at speeds well in excess of 50mph pose a very real risk when vehicles are turning out of the drive of this property.’  HM replied that the50mph is only advisory and not legally enforceable.  It was erected as a trial scheme and a review of the trial remain ongoing and the Dept. does not propose to relocate the signage at this time.  He has reviewed the location and suggests that she could improve visibility when exiting her property by cutting back the fuchsia bushes to the existing gate pillars.  It was to be discussed at the next Traffic Meeting.

k) Police

Mr Vernon had attended the Police Meeting at Malew Commissioners’ Office.

He brought up the matter of a vehicle parking in front of the level crossing lights at Croit-e-Caley – which the Clerk had reported to the Police.  Mr Vernon said that they knew nothing about it but would look into it.

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

Caring for Carers – nothing had been heard from them.

Michael Stoker  -.  Mr Radcliffe was to have contacted him but as he was not present this was left for another meeting.

Southern Young Farmers   They had been sent the cheque in payment for the work done.

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

Swing, Matting – these were to be ordered.

Car Park  – nothing at present.

Signs  – none required at present.

n)  Web Site

The Clerk was to send Mr Vernon further Minutes for inclusion on the Web Site.

o)  Southern Civic Amenity Site

email from Clerk – copied to Members 10/8 .  This was to remind everyone that they have a disposal route for all kinds of bulbs/fluorescent tubes.  Luminaire picks them up from the site to send for recycling but they also offer a commercial pickup service.  It was requested that it be mentioned on websites, etc.

p)  Southern Swimming Pool

As Mr Radcliffe was not in attendance there was no report.

q)  Municipal Association.

Mr Gunn had attended the last meeting and reported that Mr Graham Cregeen MHK, Mrs Amanda Craig who was the new Local Government Unit Manager and Mr Stephen Willoughby of DoI attended.  Various matters were discussed .  They were to bring out a new handbook for Local Authority Members.  They also said that they would like to have more co-operation between Local Authorities and DoI.

r)  Allotments

emails from Jason Roberts Clerk of  PSM.  Their Chairman had asked him to arrange an Allotment Committee meeting on 14^th August but due to a number of members not being able to attend it would now be in September.  The Clerk had asked him if this was the meeting which would be the continuation of the meeting held in January and which had been attended by RPC, PSM, Allotment members, independent people, Phil Gawne and the Collisters from Mount Gawne Road.  That meeting should have been held on 20^th June.  After asking several times he said that it wasn’t and that his Chairman had said that ‘it isn’t required and that the Committee is formed and will be meeting when we can pull everyone together’.

Mr Tinkler expressed his disappointment that the June Meeting had not gone ahead and also that it had not been a collective decision not to hold it.  The matter was discussed but Mr Vernon proposed and was seconded by Mr Tinkler that if Mr Radcliffe reported back from the September Committee Meeting that there were no problems then PRC would be satisfied that there need not be the collective meeting.  However, if there were problems or if Mr & Mrs Collister were not happy then RPC would insist on the collective meeting being held.

Southern Healthcare Committee

Southlands – A reply received to the letter RPC had written to the Department of Social Care:-  ‘I am writing in response to your letter of 21^st July regarding Rushen Parish Commissioners concerns about the utilisation of Southlands Resource Centre.  Southlands was originally built with extra capacity to accommodate the predicted growth in older people in the South of the Island.  Bradda Unit is currently used to house the Hospital to Home Scheme which allows older people from the South to be supported to return home following admission to hospital.  This is a pioneering scheme for the Island and has proved very successful and effective.  Surby Unit has been empty since the EMI Unit transferred to Thie Meanagh.  However, in line with current Department plans it is currently being redecorated and refurbished in order that it can be brought into use as further residential care for older people provided by Social Services, when resources permit.  Therefore it will remain the established and expected use of the building and there will be no need for an application for “change of use”.  I trust this will ally your concerns and those of the Commissioners regarding the future use of Southlands.

Mr Tinkler reported that he was involved with the Manx Foundation for the Disabled and had attended a recent meeting.  The Foundation had been occupying the Surby wing and they had to vacate it.  They had been offered the Bradda Suite but it had been no use to them.  Because of this they had to withdraw the service and there were consequently no longer day-care facilities for those people.

The next meeting for the Southern Healthcare Committee would be on the third Thursday in October.

t)  Marashen Crescent

Mr Radcliffe was not present so there was no report.

u)  Rushen Ambulance

Mr Tinkler said there was nothing to report as there had not been a meeting.

v)  MNH

Bin at the Sound Café see ‘Refuse’.

w)  Risk Assessment

The Clerk had contacted Mr Edwin re RPC’s annual appraisal which was due in August.

Due to the written agreement reached with Mr & Mrs Qualtrough the land in front of Hillcrest, Cregneash could now be included in the Risk Assessment file.

x)  Land in front of Hillcrest, Cregneash.

Mr Cain reported that this required trimming.  It was agreed that he would arrange this.

y)  Golden Jubilee Trust.

Event on 25th September.  Mr Radcliffe was not present so no further information was available.

z) Unsightly Buildings and Land.

Mr Richmond .  letter from Peter Karran MHK – Mr Richmond had made representations to him.  Mr Karran had written that he hoped that RPC would look into the legitimate complaints of Mr Richmond and see if this problem could be amicably resolved, sooner rather than later.  He did not feel that Mr Richmond was being unreasonable in his concerns regarding the state of the next door property.  The Clerk was to send a letter of acknowledgement.

aa)  Sloc Sites & Seats

Mr Cregeen was to be asked to cut back more of the gorse which was behind the seat at Tom The Dipper’s.

ab)  Bench & Tree at Croit-e-Caley Green.

Plaque. It was agreed that this should be a stone with engraving rather than a metal plaque.  Mr Cain said that he could find a suitable piece of stone and it was agreed that Pooilvaaish Ltd. should be asked to engrave it.   Because the price was not expected to be significant it was agreed that unless it was to cost more than £250 it should be progressed instead of coming to the next meeting for approval.

ac)  Agricultural Rating.

The Clerk had asked Mr Grubb from the Rates Division to send a list showing the agriculturally rated properties in Rushen.

ad) Damage to Uplands – Carnanes.

As this had now been dealt with by DoI it was to be taken off the Agenda.

ae)  Concert in Manx National Week.

Letter from Mrs Susannah Shimmin, The Howe Chapel, thanking RPC for the cheque.  Also that the concert was a wonderful event and they would be delighted to provide the venue if there was to be another one.  They would be happy to donate such funds raised to theThousla Trust.

af)  Newsletter.

Mr Radcliffe had this in hand.

Ag)  Grass cutting .

Mr Cregeen had written to inform RPC that he did not want to carry on with this once his contract was up – 23^rd August.

Mr Cain had contacted him to ask if he would continue until November, when the grass would have stopped growing but he had said that he didn’t want to carry on. However, his partner Stephen Booth could be interested.  It was agreed that Mr Booth could do the job for the next 2/3 months but that Mr Cregeen would have to pay him and send the bill to RPC.

The advert for the new contract would be discussed at the September Meeting with regard to extra work, other than grass cutting, which could be undertaken such as putting up signs, etc.  The new contract should be for 1 year but with an option to extend to 3 years if the work was found to be satisfactory.

ah  Proposed amalgamation of Rushen with Arbory.

This was now to be described as ‘sharing of services of Rushen with Arbory’.

ai)  Disaster recovery plan.

The Clerk said that since getting the new computer everything from the old one had been transferred and it was also backed up on a separate box.

Mr Tinkler suggested that the emails should be able to be accessed by Members, or at least the Chairman.  The Clerk said that would be no problem as the password was available.

With regard to data recovery – the Clerk was to ask ITManx how damaged the computer would have to be before data couldn’t be recovered from it.

aj)  Children’s Sports/ Hop tu Naa

Mr Radcliffe was dealing with this.

ak)  Local Authority Induction Course Review.

This was now to be taken off the Agenda.

al)  Ballagawne Road.

Bus shelter – the Clerk had not written this letter yet but would do so before the next meeting.

am)  Croit-e-Caley

Vehicles parked near the railway crossing. Mr Vernon had mentioned this at the last Police Meeting but they said that they didn’t know anything about it, even though the Clerk had reported it to Police HQ (the Port Erin Station being unavailable).

an)  Winter Concert.

Neither Mr Robinson or Mr Kneale had been contacted yet.

ao)  Insurance.

Reply from Marsh re inquiry about personal accident insurance.  ‘It is included on page 12 of the policy documents.’  This was noted.

Ap)  Invitation from Bradda Glen Café.

Mr Cain, Mr Gunn and Mrs Kelly, plus spouses had attended.

9.  CORRESPONDENCE

a)  2^nd Supplemental List 2011.

Received and noted.

b)  Access Officer/Disabled access

Letter from DoI – The Manx Foundation for the Physically Disabled had recently appointed an Access Officer, Michelle Brady.  Her role had historically been part funded by Planning and Building Control.   They had included her letter of introduction and each Member had been given a copy.

DisabledGo – Gary Allen from that organisation (UK ) phoned to say that they are contracted by IOM Government to look at a percentage of publically accessible properties regarding access for the disabled.  As RPC’s office is in the Clerk’s house that wasn’t really relevant but she had mentioned the Hall where RPC hold their meetings.  She had met him there on 27^th July and asked Jean Wilkinson to come along as it is the Methodist Church’s hall.  He indicated that the hall was easily accessed by wheelchair users – the step is very low, there are two sets of  double doors and the door to the toilet is wide enough.   However, the step into the Chapel is too high for a wheelchair and would require a ramp.  Mr Allen wasn’t there to ask for any changes, just to see what access there was so that it could be put on their website.

Tynwald Advisory Council for Disabilities. Copy of their newsletter – Summer 2011 – received.

c)  Health and Safety Authority for the Island.

DoI had published the consultation results on this and had given a news release by email – to which Members had been copied in on 10/8.  They had a total of 50 responses with just under half generally in favour of an Authority.  The Report could be accessed at www.gov.im/consultations.gov?menuid=16918&type=closed&page=2.

d)  Water Pollution Act – Discharge Licence Application.

Tremon Farm, Ballakillowey Road.  Application had been made to discharge treated sewage effluent from the proposed new dwelling via a reed bed and partial soakaway to ditch with intermittent stream on boundary of field 414496.

Any comments  should be sent to Dr MacNeil, DEFA,  by 20^th September.

There were no comments to be made.

e)  Port St Mary Commissioners – dog fouling.

Email received from them – copied to Members  25/7.  They discussed dog fouling at their meeting of 20^th July.  They had responded to the request from the Local Government Unit re information about fines issued by LAs over the last 4 years.  They indicated that they hadn’t issued any.  PSM had paid the Dog Enforcement Officer approx. £14,000 over that time.

Their Clerk continued :- ‘Taking a very broad assumption  that all authorities spend £300 per month for a Dog Enforcement Officer, Island wide collectively we are spending in excess of £60k per annum.  With a part time Dog Enforcement Officer, it is impossible to cover this issue anywhere close to the time needed.  Therefore the question raised is if we are tackling this in the right way?  I am aware that Malew Commissioners discussed the topic of DNA testing of dog fouling a couple of years ago, and this ended up in the worldwide media.  Having undertaken a little more research, this is now very much a realistic proposition with DNA testing of dogs costing around £18 and the testing of a “sample” of around £35.  Provided the licensing of dogs on the Island included the requirement to have the one off DNA test, a database of all dogs on the Island could be easily created meaning that any fouling could be traced back to a specific dog at any time – not just if a part-time Dog Enforcement Officer was in the right place at the right time.  As an Island the theory is that this could be a very successful way of controlling this problem and could generate good publicity.  After a few fines the problem “should” go away and with the cost model being geared towards 100% conviction, will undoubtedly cost less collectively.  My Board have asked that I collect views from the other local authorities, and if there is an opportunity to put some joined up thinking behind this issue.  There are certain issues which do not require additional consideration such as “working dogs” and visiting dogs.

If you would like more information on the process please refer to the attachment or visit www.pooprints.com.’

This was discussed.  Mr Vernon pointed out that in some areas of the UK people walking dogs have to have a bag with them to pick up the dog mess.

A reply was to be sent to PSM Commissioners stating that RPC find that the provision of dog bins and notices is effective for them.

f)  IOM Water & Sewerage Authority.They were undertaking a research project – via a ‘summer student’ looking into historic flood events from current date backwards.  She was interested in the extent of any flooding across the Island, all types of flooding; fluvial, tidal, surface water and sewer flooding.

This was to be noted.

g)  Data Protection Register.

Renewal due 22^nd September.  Fee £50.

The Clerk would check through this to see if RPC still complied  with it.  The cheque for renewal had been approved.

h)  August Newsletter from Chief Minister’s Office.

Received by email – copied to Members 17^th August

PLANNING MATTERS:

10.  PLANNING APPLICATIONS

a)  11/0956.  Field 414321 & 410851, Ballakillowey Road. V P Chimes, Tiocam Ltd. 4.1 acre field – erection of two timber sheds.

No objections.

b)  (considered at July Meeting). 11/0901.  Replacement dwelling at Shenvalley Cottage.

Letter from architect – Barry Murphy of Construction Design Ltd. re your comments.  He had sent a plan showing the size of the existing  cottage and photos of neighbouring properties.

It was decided that Members original views would stand and no changes made.

Also copy of letter sent by William Kelly on behalf of his brother  – objecting to the application.  This was noted.

c)  11/1120.  Moorhouse Farm, Mount Gawne Road. Moorhouse Farm Ltd. Refurbishment of existing outbuilding/Annex and conversion to create ancilliary accommodation/extension of farmhouse.

No objections.

d)  11/1132.  Friary Croft, Ballakillowey. Mr A Preston. Installation of replacement dormers and all windows within dwelling and installation of tubular solar roof panel on adjacent barn roof.

No objections.

11.  PLANNING APPROVALS

a)  11/0541.  Field 414206.  Castletown Road. (Triangle Field at Ballakilley).  Mr J C Morris. Erection of an agricultural building for the storage of machinery and creation of access road.

Conditions include – 2.  This permission relates to the erection of an agricultural shed and access track as shown in drawings.  3.  The building must be used only for the storage of machinery in association with the use of the application site for the growing of fruit and vegetables.  4.  If the building is no longer used or required for the purposes set out in condition 3 above then it must be removed from site immediately and the gravel track removed and reinstated.  5.  The shed must be finished in dark green coloured sheeting.

Decision – Planning Committee.     Issued – 18^th July 2011.

b)  11/0914.  25 Ballagale Avenue, Surby. Mr & Mrs S Bunyan. Alterations and erection of an extension to dwelling.  Usual conditions.

Decision -  Development Control Manager.   Issued   10^th August 2011.

12.  PLANNING REFUSALS

a)  11/0840.  Upper Kirkill, Ballakillowey Road. Mr & Mrs S Berry. Erection of replacement dwelling.  (modern design plan)

Reasons for Refusal:  1.  The proposed dwelling by virtue particularly of its design and massing but also due to its size, would be strikingly out of character with the landscape in which it would sit and thus contrary to the provisions of Housing Policy 14 of the Strategic Plan.  2.  The site defined in red, which is described in the application form as  “residential” includes a substantial amount of land which is not presently residential curtilage and if treated as such, would or could transform what is presently open natural land into domesticated and inappropriately landscaped garden, with the features and elements associated therewith and some permissible under the Town and Country Planning (Permitted Development) Order 2005 which would be out of keeping with the area.

Decision – Director of Planning.     Issued 29^th July 2011.

b)  11/0839.  Upper Kirkill, Ballakillowey Road. Mr & Mrs S Berry. Erection of a replacement dwelling.

Reasons for Refusal – 1.  The replacement dwelling, by virtue of its size, massing, height and style would be out of context with a predominantly open and exposed landscape and would be contrary to the provisions of Housing Policy 14 of the Strategic Plan in terms of the size and style of the new dwelling.  2.  The site defined in red, which is described in the application form as  “residential” includes a substantial amount of land which is not presently residential curtilage and if treated as such, would or could transform what is presently open natural land into domesticated and inappropriately landscaped garden, with the features and elements associated therewith and some permissible under the Town and Country Planning (Permitted Development) Order 2005 which would be out of keeping with the area.

Decision – Development Control Manager in accordance with the authority delegated to her under Article 3(13) of the Town and Country (Development Procedure) Order 2005 (this must be the new name for the Senior Planning Officer)                 Issued 29^th July 2011

13.  PLANNING APPEALS

a)  11/0840 & 11/0839.  Upper Kirkill, Ballakillowey Road.

An Appeal had been requested for both applications.   7 collated sets of submission for 839 and 6 sets for 840 to be sent in by 5^th September.

The Clerk would prepare these but would wait until Mr Radcliffe was back from holiday so that his views could be included.

b)  10/1800/A.  Robin Hill Farm, Cronk y Dhooney. Mr and Mrs MacQuillan. Approval in principle for erection of a dwelling to replace existing redundant shed.

APPEAL DECISION –

The application had been refused and an Appeal held, on written evidence.  The Hon.  MrTeare,

as deputy for the Minister, has considered the Inspector’s (Mr Farringdon) Report and concurs with his findings that the appeal be dismissed.

Mr Farringdon didn’t agree with RPC’s assertion that the planning strategy of steering development into sustainable locations close to work places, shops, schools and other public services is flawed.  ‘The concept of sustainable development is an accepted principle of land use planning both on and off the Island.  It is central to the over-arching strategic aim of the Strategic Plan – Towards a Sustainable Island 2007 and contributes to the core purpose of the Government Plan to maintain and build on the high quality of life enjoyed by the Island’s community (Strategic Plan para 2.7)

Independent Inspector’s assessment and Recommendation:

17.  Drawing from Section 10(4) of the Town and Country Planning Act 1999 General Policy 1 of the IOM Strategic Plan 2007 requires the planning authority to have regard to the provisions of the development plan and all other material considerations.  The key issues in this appeal are: (1) whether the proposed development accords with the strategic planning policies for the location of housing and (2) whether there are any other material considerations that would justify approval or refusal of the application.

Issue (1) Strategic  planning policies for the location of housing

18.  Since the site lies outside any area zoned for development and within an Area of High Landscape Value and Scenic Significance, General Policy 3, Environmental Policies 1 and 2 and Housing Policy 4 of the Isle of Man Strategic Plan 2007 apply.  The definition of previously developed land in the Strategic Plan (Appendix 1) excludes land that is occupied by agricultural buildings.  This is the situation that applies in this case.  Neither the original residential use of the site, nor the use of the shed for unauthorised businesses, can trigger the provisions of General Policy 3 (a) – (h) and Housing Policy 4 (a) – (c) apply and the proposed development therefore conflicts with the strategic planning policies for housing locations on the Island.

Issue (2)  Other material considerations

19.  Section 8.8 of the Strategic Plan makes provision for groups of dwellings in the countryside but states that such development is to be controlled by the development plan process and the emerging Southern Area Plan describes the Cronk y Dhooney location as not sustainable and where further dwellings would not be encouraged.

20.  I cannot agree with the Commissioners’ assertion that the planning strategy of steering development into sustainable locations close to work places, shops, schools and other public services is flawed.  The concept of sustainable development is an accepted principle of land use planning both on and off the Island.  It is central to the over-arching strategic aim of the Strategic Plan – Towards a Sustainable Island 2007 and contributes to the core purpose of the Government Plan to maintain and build on the high quality of life enjoyed by the Island’s community (Strategic Plan para. 2.7)

21.  The proposal has the following merits:

(a)  The proposed replacement of the ugly farm shed with a traditionally designed Manx cottage would enhance the appearance of the AHLVSS and repair the damage to the traditional character of Cronk y Dhooney when the original cottage was removed and the shed was erected.

(b)  As a compatible land use it would safeguard the residential amenity of the occupiers of the nearby dwellings who could be adversely affected by farming activities and by farm traffic if th agricultural use of the building were to be resumed.

(c)  The proposed development is sited on a street frontage close to the centre of the small rural settlement and would not extend its footprint.

(d)  It would remove the dominating gable wall of the shed that currently has an overbearing impact on the outlook of Rose Cottage.

(e)  It would remove a constriction in the land and would help to address the problem of poor access affecting Cronk y Dhooney to which there is reference in the emerging area plan.

These favourable factors accord with various strategic planning policies including Environmental Policy 2 and carry considerable weight.  On balance, however, I judge that the merits are not sufficient to justify a breach of the strategic planning policies for the location of housing on the Island.

22.  Given the large numbers of farm sheds close to occupied dwellings in the undefined rural settlements scattered across the Island, it is easy to envisage many similar situations where the same or similar benefits could be cited to justify planning approvals contrary to strategic policy.  Therefore, I have an additional concern that approval of the proposed development, which would breach both the Strategic Plan and the emerging plan for the area, could be accorded a significance that may make it difficult for the Department to resist any accumulation of dwellings in unsustainable locations throughout the Island.

Conclusion and Recommendation:

23.  Bearing in mind the statutory duty to have regard to the development plan and all other material considerations, notwithstanding a variety of factors that point towards approval, I conclude that the crucial and over-riding consideration must be that the proposal would breach the strategic planning policies for the sustainable location of housing at variance with the strategic aim of the development plan.’

G. Farrington.  Independent Inspector.   20^th July 2011.

14. COMPLETION CERTIFICATES none

15. OTHER PLANNING MATTERS

a)  Housing (Flats) Regulations 1982.

Barrule Apartments, Shore Road, Bay ny Carrickey. Letter from Director of Environment, DEFA. (from Ian Mansell, Environmental Health Officer).  They had received an application for the registration of the above flats.  He had inspected them in order to ascertain compliance with the Regulations.  “I must now recommend your Commissioners register the flats.  I have enclosed the Certificate of Registration for your authorisation.  Once duly authorised, I shall be obliged if you would issue the original to the applicant, retain one copy for your register and return the remaining copy to this office.”

The Clerk was to sign these and send or return the certificates as appropriate.

16 ANY OTHER BUSINESS

a)  Ballanard House, Ballnahowe.

Mr Morris had contacted the Clerk regarding the stables in the field in front of the house for which he had obtained approval.  He now wished to move them to the bottom of the field and asked if some of the Commissioners could have a look to see if they would agree to the proposed position before he sent in the application.

Members refused to do this and he was to be informed that he should submit the planning application.

17.  DATE OF NEXT MEETING 21^st September

Mr Vernon indicated that he would not be present at the September meeting.

Meeting held at 7pm on Friday 15^th July 2011 at Ballafesson Hall.

MINUTES.

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

The Chairman has requested that the meeting not be held on the usual date as he would be off Island.  It had therefore been agreed to hold it on Friday 15^th July which was the earliest that the Clerk could have the Agendas ready in the proscribed time.  The Chairman thanked Members for agreeing to change the date.

1.  MINUTES:

The Minutes of the Meeting held Wednesday 15^th June 2011, having previously been circulated, were taken as read and agreed a true record although Mr Tinkler pointed out that Mr Vernon and not himself was now representative on the Southern Healthcare Committee.

2. MATTERS ARISING:

a)  Southern Area Plan.

Public Inquiry. Provisional date remained 3^rd October.  The Clerk asked if everyone had kept that month clear of holidays, etc. as it was not certain yet which days the hearing would be held.

The Chairman thought it unreasonable for anyone to have to do that and, after discussion,  it was agreed that the Clerk should write to the Chief Secretary’s Office pointing out that, as the original date had been changed, everyone needed to know for certain what days RPC would require people (Members and those giving evidence) to be available.

b)  DoI/Local Authority Issues:-

i) Local Government Review – nothing further on this.

ii) Standing Orders – The Clerk had sent these in by email.

iii) Financial Training Session – for RFOs. DoI, in conjunction with Michael Crowe, Director and Martin Kneale, Senior Manager of PKF (IOM) LLC had arranged a financial training session lasting approx. 2 – 2 1/2 hours for the RFO of each of the Island’s Authorities, Boards and Committees.  They intended holding these between 2-4pm with early evening training sessions starting at 5 30pm, depending on demand.  All those new to the role of RFO would be invited to attend for a separate hour at the start of the training session in order that they could receive the same introductory training already given to longer serving RFOs.

They asked for the availability of the RFO during the week commencing 26^th September and throughout the whole of October.  The Clerk pointed out that she would be very involved with the Southern Area Plan for the most part of October and she was to point this out to DoI.  They also asked if there were any specific areas or topics which RPC would like to see covered.

Reply by 25^th July.

The Clerk, as RFO, would attend.

iv) Internal Audit Guidance – received by email from Local Government Unit of DoI.  This was for use as a guide when appointing an internal auditor. The Clerk pointed out that RPC did not have to have one as their income/expenditure was under the amount when it would become  compulsory.

v) Proposals to increase the extent of permitted Development for Householders and Government Departments.

This was a questionnaire which the Clerk had copied and given a copy of to each Member.

Questionnaire received – all Members had been given a copy to read so that it could be gone through at the meeting and completed for return.

Mr Vernon and the Clerk had attended a briefing with regard to this on Wednesday 13^th.

The questionnaire was considered item by item and answers given.  With regard to the proposals that, in particular, items such as extensions and conservatories could be built under permitted development, it was felt that there would need to be some notification given by those having the work done so that the rates office could re-rate the property and also so that a record of work done to any property could be kept for the future.  There was also concern that poor workmanship may not be picked up.  It was felt that such notification should be given to the Office of Planning so that they could keep a record or, possibly, the Local Authority.

The Clerk would complete the questionnaire on-line.

vi)  Collection and Distribution of Local Authority Fines. Letter from DoI Local Government Unit.  This was a reminder of the changes brought about in respect of the collection and distribution of local authority fines.  In 2006 a new Local government Act was introduced.  Section 16 (1) of the 2006 Act made amendments to the Collection of Fines Act 1985 and the effect of these changes are highlighted in the attached document.  Also a copy of the Order.

1.  Collection of fines etc – since 2007 any fine (and costs) imposed on a prosecution by a LA or one of its officers for beach of – i) a local authority byelaw or ii) an enactment prescribed by an Order will now be payable to the local authority.

Additionally Section 16 (2) made amendments to Section 5A of the Litter Act 1972 which enables a constable or an authorised officer of a LA to give a fixed penalty notice to a person dropping litter in a public place.  Since 2007, where the notice is given by an authorised officer of a local authority, the penalty can now be paid to the local authority instead of to the Chief Registrar for the General Revenue.

With regard to fixed penalty notices for offences in relation to dogs, Section 27A of the Dogs Act 1990 already provides for such fixed penalty fines to be paid to the local authority.

‘The rationale behind this change was the hope that local authorities would adopt a more proactive approach to enforcing legislation that deals with anti-social offences.  The reasons being that fines and the associated costs of bringing a successful conviction would be given back to the Local Authority by the General Registry.

As this has now been in place for a number of years we believe that it would be helpful for each local authority to identify to the Department which cases they have successfully prosecuted in the last four years, checking that the resultant fines were subsequently received by your authority.

If you could check your records for details of cases your Authority has brought to the
Courts under legislation such as fines for dog fouling offences, litter and other byelaws offences and let us know the outcome, the fine imposed and if possible the advocate who was prosecuting.  We will then be able to make sure that the legislation changes made have had the desired effect.

It would be of interest to the Department to discover if these changes have been successful.  Any information that your authority can provide us will enable the |Local Government Unit to support Local Authorities in your efforts to prosecute for minor but highly visible amongst the general public, anti-social offences.

If we were to find that there have been problems with the implementation of this change then we would ask the Registry and Treasury to investigate further’

This was noted.

c)  Dept. Infrastructure

Informal Leisure Places.   Nothing further on this at present.

d)  Waste Management and Refuse Collection

Waste Strategy Consultation -  The Clerk had noted that the Municipal Association had a representative on that Committee – Mr Bob Pilling from Malew Commissioners – and he seemed to be the only Local Authority Representative.  He was to give a report at the next Municipal Association.

Bad Debtors –  The Clerk was to hand deliver the overdue account to this debtor at his place of work.

Sound Café –

Damaged bin – The Clerk had checked with Ian Jones to see if Mr Dobson had seen to this being replaced this but it was still the same.  She had then contacted MNH, who owned the large commercial bins, as there was a danger of one of the binmen being injured when pushing the bin.   She had spoken to one the MNH men and he was going to go down to the Sound to see if he could fix it.   The Clerk had informed him of where he may be able to get a replacement bin if it couldn’t be fixed.

Refuse Collection  – nothing to report.

e)  Lighting/MEA.

Ballakillowey  roundabout/Ballagawne Road scheme.  The Clerk had queried whether this was going ahead and had a reply from Ian Gilbertson that the Contractors would be back on site soon and it would be going ahead – but that the light at the roundabout would be going back on the pole as the overhead line was to remain for the moment.

New light required – RNO13 at Cronk Ushag, Ballagawne Road needs replacing as it is beyond repair.  The fitting had a hole in it and was no longer watertight.  Estimated cost of replacement fitting was £350 + vat.     It was agreed that this should be replaced.

g) Carrick Bay View.

The Clerk had used the path the previous week when a resident of Ballakeyll asked her to go and see who was responsible for a tree which had fallen onto her fence.  She went to have a look and the hawthorn was growing on the residents’ side of the stream and therefore their responsibility.

She noticed that the path was becoming overgrown  and arranged for the Contractor to cut it back.

i)  Hedges

High Hedges:- reported in Private Session.

Hedge Trimming (and weeds)

The Clerk had emailed DoI re hedges and weeds and when no reply had been received she had requested confirmation of receipt.  They said it had been passed to Network Operation who would investigate in due course.  She had emailed back that ‘in due course’ is not what RPC would want to hear.  She had also pointed out that there had been complaints about the hedge  from the roundabout to Ballachurry.  No reply.

A call had been received from a resident – ‘why were the weeds in Rushen so bad when there seems to be few in Arbory and elsewhere?’  He had spoken to Stephen Knight  (Southern Inspector for DoI) who had told him that Arbory spray their own weeds.

The Clerk had asked Arbory and they spray weeds and cut DoI grass – but get re-imbursed by DoI

emails from P Gawne and R Pearson.

R  Pearson, Director of Highways :- (13^th July email)  ‘We are currently organising contractors to carry out an Island wide cull although this will focus on the more built up areas.  I will make sure these are given some priority. The Highways budgets have already been significantly reduced over several years of cuts and so the services we are able to provide is simply lower that it has been in the past.  I am anticipating that we will experience further cuts given the recent VAT news. Whilst this is unfortunate I need people to understand the reality of the situation and yes the roads are going to be in a poorer condition and less well maintained in  the future.  Anything you can do to adjust people’s expectation would be appreciated.’

A reply was to be sent to Mr Pearson stating that RPC were disappointed, as would be the residents of Rushen, that the weeds and hedges were not being dealt with properly.  To leave the weeds until there were very high was penny pinching and not an efficient way to deal with them and they would be better dealt with by spraying when small.

The Clerk asked if the Members felt that they could arrange for someone to spray the weeds, as Arbory Commissioners did, but they did not agree and pointed out that the DoI have trained staff to deal with weeds and hedges.

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

Minutes of meeting on 15^th June received.

Ballafesson Road – speed roundels. Nothing done yet.

Ballachurry Corner – standing water.  Nothing done yet.

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

Speeding on Howe Road –

Civic Amenity Site lines and signs

The Level/Croit-e-Caley. This was to be looked at further with regard to through traffic.

Glen Chass – sharp corner & turning circle. Cul de Sac sign.   Still waiting for that.

‘Speeding’ on Old School Road – being monitored.

Shore Road – There had been a speed counter there.  It was possible that there would be another count undertaken on that road.

Glen Chass Road – narrow corner.

Kerbstones at Ballnahowe –

Ballakillowey Roundabout. Reply from Jim Davidson. All Members had been given a copy:

‘I am sorry to read that your Commissioners have concerns about the new roundabout and that there have been complaints from residents and users.  In my project brief I asked the design team to address the safety concerns which have been highlighted at the previous mini roundabout.  They produced four options for consideration; do nothing, revise the old layout, introduce a simple crossroads, or construct a new compact roundabout.  The decision to construct the compact roundabout was based on a number of factors, including the unacceptably high approach speeds of vehicles from Ballafesson direction, the steep approach gradient and substandard visibility from Old School Road, land requirements and lack of pedestrian facilities.

The new roundabout fully conforms with the current design guide.  The inscribed circle diameter (ICD) is 28cm which is the minimum value for a compact roundabout.  A smaller ICD would dictate that a mini roundabout should be built, which of course we were removing.  The width of the circulatory carriageway must be between 1.0 and 1.2 times the maximum entry lane width.  The cobbled  overrun area is provided to accommodate the swept path of larger vehicles.  Smaller vehicles can also drive over this area if they wish, although the ride quality will be deliberately poor to deter speed.  The visibilities at the junction meet the standards specified for a compact roundabout of this size.  Approach visibility (minimum stopping sight distance SSD) is met on three approaches, with only the Old School Road approach falling below the desired minimum but this has always been the case.  Deflection has been improved on all approaches by the introduction of splitter islands which means that vehicles cannot now drive straight through the junction as they previously did.

Moving on to the size of the roundabout, it is exactly the same size for which we received planning approval in June 2010.  It should be noted that in the Inspector’s report your Commissioners did not object to the application nor did they make any comments with regard to its size.  Your recommendations regarding the installation of galvanised railings were taken on board and we provided you with a separate drawing of the central island.

In conclusion the roundabout has been built in accordance with the design guidelines and the Department is satisfied that it addresses the safety concerns of the previous mini roundabout layout.  It also provides additional footways and safer crossing points for pedestrians.  As part of the assessment of the new layout I have requested a traffic survey to be undertaken on the Ballachurry Road approach to the roundabout where there was previously a speeding problem.  I will be happy to forward you a copy of the before and after results once the survey has been done.   I hope this answers your queries.’

k) Police

The Clerk had not attended the June Meeting as she was busy catching up after being on holiday for a week.  The next meeting would be on 26^th July at Malew Commissioners’ Office.

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

Caring for Carers –  The Clerk had not heard from them

Michael Stoker  -.  Mr Radcliffe had not been in touch with him yet.

Southern Young Farmers –  They had cleaned Bay ny Carrickey on 25^th June and taken the rubbish to the Amenity Site.

Mr Tinkler proposed, Mr Vernon seconded and all agreed that a donation of £200 be given to them.

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

Swing, Matting – The Clerk had not ordered these yet and she had mislaid the information with regard to the matting.

Car Park  – There was nothing on this at present.

Signs  – none were required at present.

n)  Web Site Mr Vernon was dealing with this.

o)  Southern Civic Amenity Site

Mr Cain said that he had not been able to attend the last meeting as it had been delayed by a week.

p)  Southern Swimming Pool

Mr Radcliffe had not attended the last meeting.

q)  Municipal Association.

Mr Gunn reported that the Freedom of Information Act had been discussed and that Graham Cregeen MHK and Amanda Craig, who had taken over from Carole Sutherland as Local Government Unit Manager,  had attended.

The Agenda for next meeting had been received.

r)  Allotments

There had not been a meeting of either the Allotment Committee or the Meeting which should have been a continuation of the one in January between various parties.  Mr Tinkler said that he thought that it had been agreed in January that it should be held on 20^th June.  He had met Mrs Hulbert from the Allotment Committee who had indicated that there was to be a meeting soon.

The Clerk was to ask for a meeting of the Committee, which Mr Radcliffe would attend as representative, and to ask what had happened about the continuation meeting from January – when would it be held?

s)  Southern Healthcare Committee

Mr Tinkler said that the next meeting would be held in October.  He also indicated that he had heard that there was something going on at Southlands with regard to the now empty, former temporary EMI Unit, other than that the DSC were going to put this into use.  However, they were not giving out any information.

The Clerk was to write to DSC to ask what was happening.

t)  Marashen Crescent

Mr Radcliffe had attended a Meeting on Tuesday.  The building work was four weeks ahead of schedule with the new Reayrt y Crink development.  With regard to the proposed replacement of some of Marashen Crescent properties, they were very disappointed that the Treasury would not fund the proposed enhanced insulation of the new properties ‘to save money’.

u)  Rushen Ambulance

Mr Tinkler said there was nothing to report as there had been no meeting.

v)  MNH

(Bin at the Sound Café see ‘Refuse’)

w)  Risk Assessment

As the annual consideration for this would be due soon the Clerk was to contact Mr Edwin, who had been engaged as a consultant the previous year.

x)  Land in front of Hillcrest, Cregneash.

Mr  Cain reported that this had now been tidied up and that the invoice for this was to come from David Cooil.

y)  Golden Jubilee Trust.

Event on 25th September.     Mr Radcliffe had heard nothing more with regard to this.

z) Unsightly Buildings and Land.

Mr Richmond  had contacted Mr Tinkler with regard to his problem and had indicated he may attend the meeting.  He had not done so.

aa)  Sloc Sites & Seats

Seat at The Chasms – MNH.  Mr Cain reported that this had now been repaired.

ab)  Bench & Tree at Croit-e-Caley Green.

Plaque  – the Clerk was to give Mr Tinkler the wording for this so that he could have it made.

The Clerk reported that the grass had not been cut recently.

ac)  Agricultural Rating. Nothing further on this.

ad) Damage to Uplands – Carnanes.

Mr Vernon had been to look at part of this and reported that work had been carried out in sections; some hardcore had been put in at wet places; on the Carnanes side a detour had been made past the worst part and posts put in to keep vehicles out of it; trenches had been dug to take water away from the paths.

A letter was to be sent to DoI congratulating them on having done a good job so far and hoping that maintenance would be carried out on the ditches and culverts.

ae)  Concert in Manx National Week.

It was agreed that the concert had been very enjoyable and successful, the Chapel having been full to overflowing.  A letter from the Members of the Chapel had been received by Mr Cain who had brought it to the meeting.  The Clerk was to send letters of thanks to those who took part and she asked for a list.  Mr Cain provided this.   The retiring collection  of £380  had been given to the Chapel and it was agreed that, as the Concert had been organised mainly by the members of the Chapel a donation should also be given from RPC.  Mr Tinkler proposed £200 which was seconded by Mr Vernon and agreed by all.  This was specifically for use by the Members of the Chapel. Mr Cain was thanked for all his work in helping to organise the concert.

af)  Newsletter.

Mr Radcliffe was still working on this.

Ag)  Grass cutting .

The Clerk reminded Members that the Contract would finish at the end of August.  Mr Cregeen had indicated the he did not want to carry out ‘handyman work’.  Mr Cain said he would speak to Mr Cregeen.  A decision would have to be made on whether the new Contract for grass cutting would include this.

ah  Proposed amalgamation of Rushen with Arbory.

Nothing further on this.

ai)  Disaster recovery plan.

Once the new computer system was up and running the data could be saved and stored elsewhere.

aj)  Children’s Sports

Mr Radcliffe had spoken to his wife with regard to this as she had helped the residents organise other events in Ballafesson.  It was suggested that a Hop Tu Naa event should be organised and held in the Hall.  A children’s sports could be held on Tynwald Day in 2012.

ak)  Local Authority Induction Course Review.

Members  views had been sent in.

al)  Ballagawne Road.

Bus shelter – near roundabout – requested by passengers.

Also – a lady had contacted the Clerk asking if RPC could do anything about asking the bus people to have a bus go up Ballakillowey – it could turn at the end of Bradda View.

Members did not support the idea of a bus to Ballakillowey and the Clerk was to write to BusVannin only about the request for a bus shelter.

am)  Croit-e-Caley

Vehicles parked near the railway crossing.

The Clerk had phoned Port Erin Police Station to report this and was answered by a volunteer who had put her through to Headquarters who took the details.  She had not been contacted since.

This was to be brought up at the next Police Meeting.

Green – There had been complaints about children playing on the green with their bikes.   The Clerk had checked and there didn’t seem to be any damage.

an)  Winter Concert.

Rather than have a concert it was suggested that there could be a talk/presentation and Dessie Robinson could be asked to give his talk about the Calf.  It was also suggested that Michael Kneale may be able to give a talk about The Sound.

ao)  Insurance.

This was due for renewal at the end of July and the Clerk had contacted Marsh with regard to deleting the insurance for the mower and contents of the workman’s shed – neither of which was now required.  She had also asked that the amount for the Housing insurance be given separately .

Renewal documents had now been received and Mr Tinkler looked through these.  He asked the Clerk if she would check whether all the Members were still covered.

Renewal cost was £2,108, with the housing element being £961.30.

11.  CORRESPONDENCE

a)  2^nd Supplemental List 2011. This was noted.

b)  Electoral Register.

This was in force from 1^st July.    Noted.

c)  Revisions to Administration of Local Authority Petitioning Process.

This was pointing out which department deals with which – i.e. if a LA wishes to petition for permission to borrow for housing purposes, including refurbishments and maintenance it is now Dept. of Social Care;  DoI will be dealing with everything else.

This was noted as it was not relevant to RPC at present.

d)  Consultations. – email from DoI Highways. Copied to Members 29/6

DoI would shortly be holding a consultation that would be on the main Government consultation website.  However the Department was reacting to comments received from respondents to previous consultations who said that they did not have access to the internet or their access was limited.  DoI were therefore proposing to make the consultation available on paper through the Commissioners Offices and libraries.  They were asking for LA’s help in this.

‘Could you please let me know if this suggestion is reasonable and if so would you be able to print copies of the consultation as they are requested or if you would prefer me to supply a small number of copies?  The consultation has a total of 9 pages.’

Members agreed that this would be acceptable for a one-off consultation but not for all as some of them are very large and it would be time-consuming and expensive for the Clerk to print off these for anyone who asked.

e)  Town and Country Planning (Development Procedures)

Responses to the Consultation are available on www.gov.im/consultations.gov?menuid=16918&type=closed&page=2.

The changes were proposed to deal with administrative matters resulting from the reorganisation of Government and to create a clearer separation between the Department and the Planning Committee. ‘The Department, which is currently giving careful consideration to the comments received, has decided not to proceed with the Order at this stage.  Minister Gawne commented:- “I am grateful to those who took the time to respond to the consultation.  It is increasingly clear that a wider review of the planning legislative framework is required and the aims of this Order need to be carefully considered in the context of such a revision.  My Department is actively considering the legislative priorities for planning, which will also need to include the matters identified in this Order.”    This was noted.

f)  Radcliffe Close/Fairy Hill.

The Clerk had received an email from Mr Hotchkiss, resident of Radcliffe Close asking for something to be done about the bank between Radcliffe Close and the path behind Fairy Hill.  It was starting to fall apart and there were bits of metal exposed ‘which could cause serious injury to the children of the area.’

She went to have a look and contacted Mr Hotchkiss to say that it was nothing to do with RPC but that she would contact someone in DoI/Social Care who would be responsible.  She eventually got hold of Seamus Riley who now worked for both DoI and Social Care.  He said that part of the bank belongs to the residents of that side of Radcliffe Close and the other part is DoI/Social Care. They cut it three times a year. He would get someone to have a look and sort it out.  The Clerk had informed Mr Hotchkiss of this.

g)  Invitation from Bradda Glen Café.

They invited RPC  to ‘join them for an evening of delicious food and hospitality at the new Bradda Glen Restaurant on Sunday 31^st July from 6pm – 8pm’.

All Members indicated that they and their wives would like to attend and the Clerk was to reply accordingly.

h)  Road Transport Licensing Committee.

Applications, Decisions and Notices.                  Noted.

i)  Children and Families Service.

Changes in the way child referrals are dealt with.    Noted.

j)  Manx Lottery Trust.

They had sent a poster with contact details of the Manx Lottery Trust.  Website is www.mlt.org.im which contains information of charitable grants available in the IOM under the Manx Lottery Trust Grants Scheme.  The MLT is a Delegated Partner of the Big Lottery Fund and has a revised Manx Lottery Trust Grant Scheme to support the distribution of charitable fund in the IOM.

This was noted.

PLANNING MATTERS:

12.  PLANNING APPLICATIONS

a)  11/0840.  Upper Kirkhill (Kirkle), Ballakillowey Road, Ballakilpheric. Mr & Mrs S Berry. Demolish existing house and double garage and replace with a new dwelling of modern appearance with integrated garage.  This was four storey, flat zinc roofs, aluminium windows, white render.

This proposal was considered to be highly inappropriate in design and size in this open countryside location.

Recommend refusal.

b)  11/0839.  Upper Kirkhill, Ballakillowey Road, Ballakilpheric. Mr & Mrs Berry.

Demolish  existing house and double garage and replace it with a new dwelling.  The materials will be commonly used materials on the Island, such as slate roof, Manx stone and white rendered walls.   This would be 3 storeys high and have single storey extensions either side.

Members considered that this was an excessively large house and out of keeping with other houses in the area.  It was regarded as over-intensive development of the existing site.  This was a highly prominent site being on a hill in an open countryside location.

Recommend refusal.

c)  11/0901.  Shenvalley Farm, Ballnahowe. Cheeseden Investments Ltd. Demolition of existing cottage and construction of new detached dwelling with detached garage.

Members were concerned about the size of the property, especially compared to adjacent properties.  It was noted that it was not to be built on the footprint of the existing cottage and would have a separate garage. They did, however, approve of the exterior being of stone and it being traditional in design.

d)  11/0913.  Bird Observatory, Calf of Man. MNH. Alterations and additions to the Calf Observatory to create a guest wing WC, install PV and solar panels, replace two outbuilding roofs and install a high capacity water butt with the yard.  Also proposed installation of wind turbine on site of disused turbine.  Provision of a toilet for day visitors.   Amended site location also received.

Members had been given these plans previously by MNH to look at prior to submission to Planning.

No objections.

e)  11/0914.  25  Ballagale Avenue, Surby. S & S Bunyan. Proposed extension to kitchen and creation of sunroom.

No objections.

13.  PLANNING APPROVALS

a)  11/0267.  19a Odins Way, Ballakillowey Estate. Mr D Ward. Replace existing garage with extension to dwelling and widen driveway.

Decision – Senior Planning Officer.       Issued 24^th June 2011.

b)  11/0605.  Creg Cottage, Howe Road. Mr & Mrs Thirwall. Erection of a replacement sunroom to front elevation.  Conditions include – 2.  permission relates to … drawings 1105/04A received on 25^th May 2011 and 1105/01, 1105/02 and 1105/03 all received on 27^th April 2011.

c)  11/0679.  Ballagownie, Howe Road. Mr & Mrs I Munro. Alterations and erection of extension to dwelling.    Decision – Senior Planning Officer.    Issued 28^th June 2011.

14.  PLANNING REFUSALS

a)  11/0709.  Woodville, Castletown Road. Mr J Hill. Alterations, erection of extension and installation of replacement windows to dwelling.

Reasons for refusal -  1.  By reason of its scale, form and position the proposed development would  a) unacceptably affect the level of sunlight currently enjoyed by, and cause undue overshadowing, of the neighbouring property; and  b) have an overbearing impact on the neighbouring property, to the detriment of the enjoyment of that property.  2.  The proposed two storey extension would increase the impact of the building as viewed by the public and be visually detrimental to its appearance which is contrary to Housing Policy 16 of the Isle of Man Strategic Plan (20^th June 2007).

Decision – Senior Planning Officer.    Issued 29^th June 2011.

15.  PLANNING APPEALS

a)  11/0709.  Woodville, Castletown Road. Mr J Hill. Appeal against refusal for alterations, erection of extension and installation of replacement windows to dwelling.

(note:  RPC received the Refusal notice on 30^th June, the request for 5 sets of submission on 8^th July and the letter stating that an Appeal has been lodged, etc on 9^th July – there was usually a gap between these).

5 sets of submission re the Appeal by 28^th July were required.

As RPC had not objected to the application they did not wish to make any submission.

b)  10/1800/A.  Robin Hill Farm, Cronk y Dhooney, Ballakilpheric.  Mr & Mrs MacQuillan. Appeal against refusal for approval in principle for the erection of a dwelling to replace existing redundant shed/agricultural building.

Received – a copy of a rebuttal statement.  All the main statements had been received previously.

The Appeal would be decided by written submissions.

16. COMPLETION CERTIFICATES

a)  Part of Field 2368 Croit-e-Caley Hartford Homes Ltd. Erection of detached dwelling with integral garage (Meadowfield).                           Issued – 7^th June 2011.

b)  (sent to Port Erin Comm) 03/7690/.  Shilley-ny-Marrey, Surby Road, Surby. Mr G Clarke. First floor extension – bathroom and bedroom and re-roofing.

17. OTHER PLANNING MATTERS none.

18 ANY OTHER BUSINESS

a)  Hon. Noel Cringle, President of Tynwald had retired from the post.  A letter  was to be sent to him wishing him well in his retirement.

b)  Mr Adrian Tinkler. The Chairman gave his commiserations and those of the Members to Mr Tinkler who had had to withdraw from his candidacy for the forthcoming election for the House of Keys.

19.  DATE OF NEXT MEETING Wed 17^th August.

The Meeting then went into private session.

Meeting held at 7pm on Wednesday 15^th June 2011 at Ballafesson Hall.

MINUTES

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

Mr D Radcliffe.

Apologies: Mr A Tinkler.

1.  MINUTES:

The Minutes of the Meeting held Wednesday 18^th May 2011, having previously been circulated, were taken as read.  Mr Radcliffe queried 2 b) as he did not think that it had been discussed at the meeting.  The Clerk and Mr Cain confirmed that the matter was spoken of outside of the meeting.  It was duly deleted from the Minutes.  The Minutes were then approved for signing.

2. MATTERS ARISING:

a)  Southern Area Plan.

Public Inquiry. Information regarding the running of the Inquiry was received on 8^th June, giving the dates in July when each part would be considered.

Also received on 8^th June – an email stating that the Inquiry had been deferred from July as the Inspector needed to have an operation.  The new date for the Inquiry was provisionally given as starting on 3^rd October.

The Clerk had hand-delivered the submissions of RPC and the BKWP to the Chief Secretary’s Office on the morning of the 8^th June and had a receipt for them.

Ballakilley Working Party.   A meeting had been held on 25^th May.  In attendance were Bernadette McCabe from Port St Mary, Jean-Pierre Depin from Port Erin, David Radcliffe, Peter Gunn, Adrian Tinkler and the Clerk from Rushen.  David Parkes from Southern Nomads RFC was also in attendance.  The final details were discussed for the submission.

The Clerk had delivered the submission on 8^th June.

The Clerk and Mr Radcliffe were thanked for all their hard work in preparing these documents.

b)  DoLGE/Local Authority Issues:-

Local Government Review – nothing further on this.

Standing Orders – Local Government Unit, DoI had requested a copy of the Standing Orders of all Local Authorities:-   ‘As these are public documents the Department would like to have sight of the documents so we can check that all authorities are taking on board our advice in the Local Government Handbook which contains model standing orders.  It will also help us in reviewing the advice given in the handbook which is currently being updated.’  These to be sent by 30^th June.

It was agreed that the Clerk should send a copy of the LG Unit.

c)  Dept. Infrastructure

Informal Leisure Places.   Nothing further on this at present.

d)  Waste Management and Refuse Collection

Waste Strategy Consultation – email information received and how to find it on the web site received 26/5 and forwarded.  They were seeking views from as many people and organisations as possible and ‘would encourage you to complete the survey’.  The Chairman had printed off a copy.  It seemed that it was mainly the public’s views that were being looked for rather than LAs.  The Committee looking into this had various representatives sitting on it including a representative of the Municipal Association who, it was presumed,  was taken to represent all Local Authorities.

Bad Debtors –  The Clerk had not had time to deliver the bill to this person at his work but would ensure she did so shortly.

Sound Café – The invoice for the overdue amount and also April and May’s invoice had been sent.

A member of staff at the Sound Café had telephoned asking for a replacement commercial bin.  The damaged wheel on one of the bins had been pointed out to them on several occasions for over a year now as the binmen were in danger of damaging their backs trying to move it.  Nothing had been done. The Clerk had explained that RPC did not provide these – Manx National Heritage had purchased them and they would have to replace them.

Refuse Collection  – nothing to report.

e)  Lighting/MEA.

Ballakillowey  roundabout/Ballagawne Road scheme.  Although the roundabout had been completed no information had been received regarding the new lighting scheme.  The Clerk was to query this as money had been budgeted for this scheme and kept in reserve.

g) Carrick Bay View.

The Clerk was keeping her eye on this and, should the public footpath show signs of becoming overgrown she would ask Mr Cregeen to cut it back.

i)  Hedges

High Hedges:-

There had been further correspondence regarding High Hedges Case 2.  This is reported in Private Session.  The Clerk was to write to the owner of the hedge asking him to cut the hedge by the end of July and to maintain it at the height agreed with the neighbours the previous summer.

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

The Clerk and Mr Vernon had attended the Traffic Meeting that morning.  Mr Vernon gave a report on the meeting.

Ballafesson Road – speed roundels. Still ‘in hand’

Ballachurry Corner – standing water – still ‘in hand’.

Plantation Hill. – Danger to pedestrians, etc on hill nothing further.

Speeding on Howe Road – nothing at present

Civic Amenity Site lines and signs – nothing at present.

The Level/Croit-e-Caley. Now that the work on the Ballakillowey roundabout had been completed they were to put a speed count on the road through Croit-e-Caley.

Glen Chass – sharp corner & turning circle. Cul de Sac sign.  To be put up soon.

‘Speeding’ on Old School Road – nothing further on this.

Shore Road – A speed count has been received for this.

Other DoT matters:-

Glen Chass Road – narrow corner. Nothing further.

Kerbstones at Ballnahowe – A speed count for this had been received and did not show excessive speeding.

k) Police

The Clerk had not attended the last meeting.

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

Caring for Carers – they had not been in touch again but Fleshwick beach would be left for them to clean if they did so.

Michael Stoker  -.  Mr Radcliffe had not contacted  him yet.

Southern Young Farmers –  Mr Cain had been in touch with them and they would be cleaning Bay ny Carrickey soon.

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

Swing, Matting – The matting was to be ordered and it was to be ensured that fixings were included.

Car Park  – Mr Cain had checked this and confirmed that Mr Cregeen had cut the hedge.

Signs None were required at present.

n)  Web Site

The latest Minutes were to be forwarded to Mr Vernon.

o)  Southern Civic Amenity Site

Mr Cain said that there was nothing to report.

p)  Southern Swimming Pool

Mr Radcliffe said there was nothing to report.

q)  Municipal Association.

The AGM. A letter of thanks had been received from the Association.

It was generally agreed that it had been a good night and that Dessie Robinson’s talk on the Calf had been very enjoyable.  Meayll Booklets and mugs had been given out to everyone and they were most appreciated.

r)  Allotments

Mr Radcliffe was asked if they had been any meetings yet.  He said there had been none, even though there should have been one in June as a continuation of the joint meeting held between the Commissioners of Rushen and Port St Mary and the Allotment Society.  He said that he would ask when it was expected that a meeting would be held.

s)  Southern Healthcare Committee

Mr Tinkler was not present so there was no report.

t)  Marashen Crescent

Mr Radcliffe reported that good progress was being made with the Four Roads development and that the planning application for the demolition and rebuilding of the elderly persons’ dwellings at Marashen Crescent had been submitted.

u)  Rushen Ambulance

Mr Tinkler was not present so there was no report.

v)  MNH

Nothing at present.

w)  Risk Assessment

This would be due for re-assessment in July/August.  Mr Edward was off Island at present.

x)  Land in front of Hillcrest, Cregneash.

Mr Cain reported that it had been cut but not left in a tidy state.  He would ensure that it was

tidied up.

y)  Golden Jubilee Trust.

Event on 25th September.   Mr Radcliffe had not heard anything further on this.

z) Unsightly Buildings and Land.

Mr Richmond had contacted the Clerk again – email and phone – and said he would be writing to the Chairman.

Mr Cain reported that he had not contacted him on any matter.

aa)  Sloc Sites & Seats

Seat at The Chasms – MNH

Mr Cain reported that there had been a workman there the previous day and it was presumed that the repairs were being carried out.

Sloc Sites.   The Clerk had contacted DoI re cutting the Picnic Area (DoI responsibility) asking for it to be cut and, once again, asking for it to be put on a maintenance list so that it wouldn’t be forgotten every year.

They promised to cut it and put in on the list for cutting.

ab)  Bench & Tree at Croit-e-Caley Green.

The Clerk had spoken to a member of the Kneen family who had asked whether the tree on the green was the one which RPC had been in contact with them about.  The Clerk had confirmed this.

The plaque  was to denote that the land had been donated to Rushen Commissioners by the Kneen family of Croit-e-Caley.  The Clerk was to look in the Deeds for the date when it was given.

ac)  Agricultural Rating. Nothing further on this.

ad) Damage to Uplands – Carnanes.

Mr Vernon had not looked at this recently but had spoken to someone who had reported that the top end of the Carnanes greenway was still in poor condition.

ae)  Concert in Manx National Week.

Mr Cain and the committee had this all organised.  Laurence Skelly was doing the publicity and Mr Cain would make the poster for printing – RPC to pay for the printing.

af)  Newsletter.

Mr Radcliffe was compiling this and it was to include a piece to encourage the public to attend the Southern Area Plan Enquiry which would now be held in October.

Ag)  Grass cutting contract.

The Clerk pointed out that the contract finished in August.

ah  Proposed amalgamation of Rushen with Arbory.

This was to be left at present.

ai)  Disaster recovery plan.

This and the new computer were to be undertaken very shortly.

aj)  Children’s Sports

Mr Radcliffe was to ask some of the residents of the area if they would in interested in a children’s sports day being held in the Playing Field.  Car parking could be in the adjoining field.

ak)  Three Legs of Man – Parade of Sail.

There had been a preliminary sailing at the end of June, landing at Port St Mary.  Nobody from RPC had attended.  It was agreed that RPC would not look for a young person to take part in their sailing but rather the would support a local company – Seventh Wave – who ran sailing courses in Port Erin.  Mr Vernon had suggested this and Members had supported it.  He was to look into the details further and report back.  As the money would have to come from the Thousla Trust this was to be reported there also.  The Newsletter was to contain information regarding this and asking for young people who may be interested.

al)  Local Authority Induction Course Review.

The Local Government Unit were reviewing the content and format of these courses and had sent a questionnaire.  Deferred from May Meeting.

Members went through this and gave their views and the Clerk completed the questionnaire for returning to the LGU.

11.  CORRESPONDENCE

a)  consultation – Regulation and Licensing of Broadcast Content and a Strategy for digital Radio.

Received by email and copied to Members.  Views by 22^nd July.

Members only comment was that they were apprehensive about this being implemented.

b)  Civic Sundays:

Borough of Douglas – 19^th June.  Procession assembles Town Hall at 10am to St George’s.  Refreshments afterwards at Town Hall.  Level 3 of Shaw’s Brow Car Park will be open, free of charge.

Peel Town Commissioners 17^th July. Peel Methodist Chapel, Atholl Street 11am.  Procession will commence at 10.45am at Town Hall. Refreshments in the Corrin Hall after the service.

No Members indicated that they wished to attend either service.

c)  Armed Forces Day.

Invitation to attend the parade, Service, tea and evening’s entertainment.  Sunday 26^th June.

This was noted.

d)  Road Transport Licensing Committee.

Applications, decisions and notices.          Noted.

PLANNING MATTERS:

12.  PLANNING APPLICATIONS

a)   11/0679.  Ballagownie, Howe Road. Mr & Mrs I Munro. Single storey extension at the side to create family lounge and study.      No objections.

b)  11/0709.  Woodville, Castletown Road. Mr J Hill. Extension, replacement windows, conservatory and internal alterations.No objections.

c)  11/0605.  Creg Cottage, Howe Road. Mr & Mrs Thirwall. Erection of a replacement sunroom to front elevation.  Amendment received No objections.

13.  PLANNING APPROVALS

a)  11/0481.  Lingague Farm Cottage, Ballakilpheric Road. Mr & Mrs R Kerr. Erection of a replacement dwelling and free standing garage.

Usual conditions.  Decision – Planning Committee.     Issued 20^th May 2011.

b)  11/0480.  Lhoindaig Cottage, Croit-e-Caley. Mr A Wilson. Installation of a replacement front door.   Usual conditions.  Decision – Director of Planning.  Issued 20^th May 2011.

c)  11/0480.  Ballakilley Farm, Church Road – field 411497. Mr & Mrs Jamieson. Creation of three ponds with associated culverts and landscaping.

Conditions include 3.  No development which would have an impact on the existing watercourse may be undertaken outside the months between and including July to September to avoid disturbance to spawning fish and juveniles.  Note:  No approval is hereby granted to any enclosure of any watercourse through culverting.  Note:  Prior to the commencement of works, the applicant is advised to contact the Fisheries Division of DEFA in respect of prevention of siltation or sedimentation of or other adverse impact on the stream during the implementation of the works, the installation of silt traps and the formulation of a method statement and sluice gates to control overflow through the ponds.

Decision – Senior Planning Officer.     Issued 31^st May 2011.

d)  11/0571.  Cronk Moar Farm, Shore Road, Strandhall.  Ms G A Watterson. Installation of replacement windows, doors and glazed passageway.

Decision – Senior Planning Officer.                 Issued 8^th June 2011.

14.  PLANNING REFUSALS none.

15.  PLANNING APPEALS none

16. COMPLETION CERTIFICATES none

17. OTHER PLANNING MATTERS

a)  11/0541.  Shed at Castletown Road. For Mr Morris.

The Clerk had received an email (copied to Members)  from Sarah Corlett, Planning Officer, regarding the application for a shed to store implements and cider press.  They had received a report from the officer at DEFA which wasn’t particularly helpful to her as to whether the proposed business would be viable.  Under Environment Policy 15 an agricultural building has to be needed and (under Policy 3) essential.  She said that perhaps a pragmatic approach may be to look at the size of the building and what it was proposed to be used for and to assess whether this was reasonable on the basis that if the land was to be maintained then there may well be some requirement for storage on site for whatever the land is used for, if it isn’t going to be used as part of a larger holding.

b)   Calf Observatory, Calf of Man. MNH. Sean Murphy of MNH had brought plans for Members to look at prior to submitting them.  They were proposing to:-  install a solar panel on the main roof pitch of the observatory to provide hot water and reduce generator use; install photo-voltaic panels on adjacent single storey roof pitch; install a composting toilet to be located within a currently roofless outbuilding to provide a facility for day visitors to the Calf; a new wind turbine to be located the same place as the remnants of a previous wind turbine; creation of a new WC in the guest side of the Observatory – a present guests had to make use of the sole WC located within the warden’s accommodation;  install two wood burning stoves to replace the existing open fire and gas fire; installation of a 6,000 litre tank within an open yard area to be linked to adjacent gutters to provide rain-harvested water for use in an emergency/heath fire; replacement of an existing asbestos sheet roof to one of the outbuildings with a metal roof.

Members had no objections to this.

18 ANY OTHER BUSINESS

a)  Ballagawne Road.

The Clerk reported that an elderly lady has been on the phone asking for the bushes at the corner of Ballakillowey/Mount Gawne Road to be cut back as they were growing out and people were having to walk too near the pavement edge.  She also asked if RPC could ask for a bus shelter at the bus stop on the other side of the road (she had thought one was going to be installed when the work was being done to the roundabout as there was a new piece of concrete put down – however this was for the new sign).

The owner of the house was to be asked to cut back the bushes.

The Clerk was to write to IOM Transport to request a bus shelter.

b)  Croit-e-Caley

Vehicles parked near the railway crossing. Complaints that a resident was parking his lorries at the crossing and drivers couldn’t see the red light when a train was coming.

The Clerk was to report this to the Police.

c)  Winter Concert.

As Mr Robinson had been so successful at the Municipal Assocation AGM with his talk on The Calf it was agreed that the possibility of having a Winter ‘Do’ which would include his talk should be investigated.

d)  Hedge Trimming.

Mr Vernon asked if the DoI could be requested to trim hedges and spray the weeds along the roads and pavements as they were growing quite large.

19.  DATE OF NEXT MEETING 20^th July 2011.