Minutes Council meeting 11th March 2009

MINUTES OF ORDINARY MEETING OF NEWBY AND SCALBY PARISH COUNCIL,
held in the Council Offices, Scalby Road, Scalby,
on Wednesday, 11th March 2009 at 7.15pm

 

PRESENT:  Councillors R I Thompson, (Chairman in the Chair), J Attwood, D J Bastiman, S G Foote, R Pickersgill, C Ridley & P C Snow

ALSO IN ATTENDANCE: County Councillors A Backhouse & H Swiers, R Kaye, Scarborough Borough Council, M McGuinn, Clerk and 7 members of the public

46/09  APOLOGIES FOR ABSENCE ACCEPTED
Councillor B F Watson, Councillor B Miller, P J Afford, Chairman of Scalby Football Club, G Dale Chairman of the Friends of the Allotments & P Staveley, Chairman of the Newby & Scalby In Bloom Group.

47/09  DECLARATIONS OF INTEREST
47/09.1           Councillor Ridley declared a personal interest in all Borough Council planning applications as a member of the Borough Councils Planning Committee and took no part in the decisions.

47/09 2           Councillor Bastiman declared a personal & prejudicial interest in all planning issues and applications in his capacity as Portfolio Holder on Scarborough Borough Council with responsibility for Planning Issues. He observed the proceedings and took no part in the discussions or decisions.

PROCEDURAL MATTER
It was RESOLVED to suspend the meeting to allow Roger Kaye of Scarborough Borough Council to provide feed back on previously raised road traffic or street scene issues and to receive new issues requiring attention.

Meeting suspended at 7.18

R Kaye provided feedback from the previously raised issues.  The following new issues were reported for action:

  1. The repair to the pot hole inn Hillcrest Avenue was not adequate and in need of further attention
  2. Traffic turning left into Newlands Park Crescent from Cross Lane is cutting across the grass verge and requires action to stop this
  3. Once again the ongoing review of the traffic lights at Green Lane/Throxenby Lane junction with Scalby Road needs to be reviewed at peak periods as at non peak periods it will give a false reading. Also once again the time delay for light changes needs to be applied  to all traffic to allow safe exit otherwise a collision is inevitable
  4. The “Cow Pat” approach to repairing potholes is not acceptable as it soon deteriorates and leads to the same problems encountered prior to the repair. Potholes should be cut back at the edges, properly compacted and filled, in order to ensure the repair is lasting, otherwise it is a false economy as in the long run it will cost more to re-visit and repair.
  5. Large amount of damage from a lorry to the grass verge at Greylands Park Avenue.
  6. The potholes/surface lifting on Newlands Park Drive whilst repaired “Cow Patted” needs proper and urgent attention.
  7. Road surface repairs needed between lamp posts numbered 12 to 20 on Coldyhill Lane
  8. Repairs needed too the stone wall and the iron railings at Scalby Road just above the tennis courts
  9. Station Road street sign missing with its junction with Field Lane
  10. Potholes require attention 20 yards either side of the Ford at Foulsyke Duck Pond on Barmoor Lane, Scalby

Meeting in session at 7.25

PROCEDURAL MATTER
It was RESOLVED to change the order of business and bring forward the planning applications, in particular that of 54 Hackness Road known locally as Petts Wood, Planning Application 65/09 (1).

It was further RESOLVED to suspend the meeting to allow the members of the public to address councillors with their comments and views on the planning application for Petts Wood.

Meeting suspended at 7.27

There was a free and frank flow of views and comments made by Mr D Potter, Mrs S Johnson, Dr D Wormald & Mr R Faley, all local residents.   All were against the application and made known their reasons to the Councillors. These objections ranged from:

  • Whilst the applicant had stated they had taken into account previous concerns this was not true.
  • The flood risk assessment stated 5 properties but the application is for 6 dwellings. On this basis the plan is flawed and the risk of flooding from surface run off for 6 is greater than for 5.
  • The applicant is repeatedly submitting applications and trying to “grind down” resistance from residents.
  • It is a green oasis and not a brown field site
  • There are over 200 objectors
  • The design of the houses is not in keeping with the locality
  • The height of the 3 storey houses is such that they will erode the privacy of adjacent properties
  • The proposed screening is not adequate
  • It is an important wildlife corridor

The Chairman thanked everyone for their views and called the meeting into session at 7.56pm

(The decisions for planning are shown under minute number  65/09 below)

48/09  MINUTES
It was RESOLVED to approve and sign as a correct record the minutes of the Council Meeting held on 11th February 2009

49/09  MATTERS OF REPORT FROM THE MINUTES  None.

50/09  CORRESPONDENCE
50/09.1           A letter dated 18 February 2009 from the NHS regarding a proposal to establish a new pharmacy at Danes Dyke Surgery, 463a Scalby Road was considered and it was RESOLVED that the parish council had no objections.  Councillors were surprised that the clerk had not received any comments from members of the public.

50/09.2           A letter dated 3 February 2009 from the Community Partnerships Manager concerning the draft Community Strategy was considered and it was RESOLVED that the Chairman and the Clerk make the appropriate response.

50/09.3           A letter dated February 2009 from the Chief Executive of the SBC regarding the Sustainable Communities Act 2007 was considered and it was RESOLVED that the Chairman and the Clerk make the appropriate response.

51/09    REPORTS FROM OUTSIDE BODIES (IMPORTANT ISSUES ONLY)
The following Reports from Council Representatives, where indicated below, were RECEIVED:

51/09.1           CAP Group. – Councillor Ridley had previously reported the matters discussed at the last CAP meeting to the February council meeting and had no further issues to raise.

51/09.1.1        CAP Group minutes etc of meeting held on 10th February 2009 were RECEIVED together with the police report for Scalby, distributed at the meeting.

51/09.2           Safety Council – No report.

51/09.3           Roads Liaison Committee – Councillor R I Thompson reported on the last meeting which dealt with the budget and road schemes outlined by Nick West of NYCC.

51/09.4           Coastal Area Parish Forum – No report.

51/09.5           North Yorkshire & Cleveland Coastal Forum – No report.

51/09.6           Yorkshire Local Councils’ Association – Councillor S G Foote reported on the last branch meeting with the following items of interest:

  • No provision by NYCC for youth activities
  • Possibility of a right of appeal for objectors on planning applications
  • The high percentage of planning applications to be dealt with by delegated authority to be challenged  

51/09.7           Twinning Association – No report.   A stall would be manned at the Community day in the Parish Hall on Saturday next 14.3.2009 and it was agreed that memorabilia would be loaned for display.

51/09.8           York & North Yorkshire Playing Fields – No report.

51/09.9           Yorkshire Coast & Moors County Area Committee – No report.

51/09.10         North York Moors National Park Authority – Councillor R I Thompson reported on his planning meeting.

FINANCE & GENERAL PURPOSES ISUES

52/09  FINANCIAL MATTERS
52/09.1           It was RESOLVED to approve the Schedule of Accounts to be Paid for March 2009, Schedule 12

52/09.2           It was RESOLVED to receive the Cash Book and Statement of Account for February 2009.

52/09.3           It was RESOLVED to receive the Internal Audit Report for February 2009.

52/09.4           It was RESOLVED that a Bank Account be opened with NAT WEST in order to service the payments and receipts in respect of Scalby Parish Hall which shall be hitherto known as Newby & Scalby Community Hall and Registered with the Charities Commission under Registered Number 523406. It was further RESOLVED that the signatories to the account be exactly the same as those for the parish council account number 87748967. It was further resolved that the Clerk & RFO M McGuinn and Clerk T Spencer be authorised to receive statements and make enquiries on the account on behalf of the parish council. The clerk was authorised to make the necessary arrangements and sign any documents or forms  on behalf of the Parish Council and/or the Trust.

53/09    BUDGET REPORTING
It was RESOLVED to approve the Budget Report to the end of  February 2009.  

54/09  QUALITY STATUS
54/09.1           The overall aims of quality status to remain on the agenda pending developments.

55/09  NEWSLETTER
A verbal report from the clerk on the next issue was RECEIVED.  It was agreed that major topic for the parish hall should be included in the next issue.

56/09  NEW MODEL CHARTER AND NEW MODEL AGREEMENT
It was RESOLVED that this matter remain on the agenda pending developments.

ENVIRONMENTAL ISSUES

57/09  PARKING ON VERGES AND PAVEMENTS
A letter and enclosures from Mr Waller regarding traffic matters was RECEIVED and It was RESOLVED that Mr Waller be thanked for his letter and informed that copies had been sent to Bruce Bedford at SBC and the Chairman of the CAP Group with a request that these issues be dealt with.

58/09  SUGGESTED MICRO HYDRO-ELECTRICITY PLANT ON SCALBY BECK
An email from Jenny and Bill Lythgoe on a suggestion to install a Micro Hydro-Electricity Plant on Scalby Beck was and it was RESOLVED that Mr & Mrs Lythgoe be thanked for their efforts to date and informed that an article will be included in the next Newsletter seeking interested bodies or individuals who were prepared to take this matter forward.  In addition details will be passed to SEN (Friday Night Columnists and Editorial) with a request that they give this publicity and too seek to ascertain if there are people willing to get together and investigate this possibility further.

59/09  NEWBY AND SCALBY IN BLOOM
59/09.1           A letter dated 11 February 2009 from the Chairman of Newby and Scalby In Bloom Group was RECEIVED.  It was RESOLVED that the clerk inform the Chairman that the council’s previous competition was for business premises and not gardens.  However the clerk was asked to confirm that a combined competition would be welcomed and the clerk was asked to liaise with Chairman and provide him with details of how the council’s scheme was organised.

59/09.2           The minutes of the In Bloom Group held on 5 March 2009 were RECEIVED.

59/09.3           The clerk asked councillors if they felt that the In Bloom Group and the Friends of the Allotments Group should be included under the agenda item “Reports”.  Councillor Bastiman agreed and stated that the reports section should be moved up the agenda order immediately after matters of report from the minutes so that the representatives did not have to endure the whole of the meeting and thus their interest would be retained rather than drained.  It was RESOLVED to accept this and the clerk asked to amend the order for the next meeting.

60/09  LINDEN ROAD OPEN SPACE
An analysis of the returns from the questionnaire distributed by Councillor A Backhouse was considered and it was RESOLVED that the matter be deferred until a meeting could be held with the In Bloom Group to establish their views.  Councillor Backhouse to be included in the meeting with the In Bloom Group and the clerk to make the necessary arrangements.

61/09  SCALBY VIADUCT
Issue to remain on the agenda pending developments.

62/09  FLOODING ISSUES
The Parish Council appreciated the works of clearance of debris from Church Becks and had previously thanked the EA for their efforts. Issue to remain on the agenda pending any developments.

SPORTS & RECREATIONAL ISSUES

63/09  ALLOTMENTS – VACANT PLOTS & UPKEEP
63/09.1           A report from the clerk on the vacant plots was RECEIVED.

63/09.2           Responses from the Duchy of Lancaster and the NYMNPA with regard to the request of the Friends Group to site a container on the allotments site were considered. It was NOTED that NYMNPA were against this proposal which would need planning permission and they had suggested that a smaller wooden container might be acceptable.   It was RESOLVED that details of NYMNPA objections be passed to G Dale, Chairman of the group.

64/09  SCARBOROUGH RUGBY CLUB – PROPOSED NEW LANDSCAPING SCHEME AND HIGHWAY SPEED LIMITS
64/09.1           A response from the NYCC was considered regarding the proposed new landscaping scheme and highway speed limits was considered and it was RESOLVED that the 30 MPH signs issue and that of the reduction of the speed limit to 40MPH be noted.

64/09.2           The roadside planting with a small low level rockery  and the matter of keeping the grass well tended was acceptable in principle and further details be brought back to the council for consideration before any scheme is agreed.

64/09.3           A letter dated 8 March 2009 from  the neighbouring resident of the club, circulated at the meeting, was RECEIVED and It was RESOLVED that a copy be passed to Jill Low of SBC with a request that this matter be dealt with as it is a breach of planning consent and confirmation be sent to the resident of this action.

64/09.4           A letter dated 11 March 2009 from  the neighbouring resident of the club, circulated at the meeting, was RECEIVED and It was RESOLVED that a copy of the letter be passed to the Chairman of the Licensing Committee for his information.  It was further RESOLVED  that the resident be informed that the Parish Council is no longer a consultee on such issues and thus has no direct influence and that the letter has been passed to the Chairman of the Licensing Committee for his information.

GENERAL ISSUES

65/09  PLANNING APPLICATIONS – SCARBOROUGH BOROUGH COUNCIL
The following planning applications were considered and the decisions taken thereon are as shown below:

1 Proposal

Site
Applicant
Application No.
SBC Decision
PC Decision

Demolition of existing dwelling. Creation of six new build eco houses set within existing garden area to the rear of 54 Hackness Road
54 Hackness Road. Scarborough
Redworth Homes
08/02618/FL
Committee decision
When making a site visit councillors were refused access by the current occupier who stated that without express consent from Redworth Homes they could not view the site. Councillors had received copies of correspondence relating to objections to the development from Mr Tribbick, Mr Faley, Dr Wormald, K Newton and Dr & Mrs Whitfield, the originals of which had been sent to  the Planning Officer.  Councillors accepted their reasons for objections.Recommend refusal for the following reasons:

  1. The flood risk assessment (FRA) is fundamentally flawed.  It states 5 properties whereas the application is for 6.  As such the calculations and the prognosis as a result of the calculations cannot be relied upon and the view of the Environment Agency is also based upon the wrong information.
  2. In addition the FRA does not take into account the full impact of the Atkins report.   The stream which leads from Linden Road Village Green under Lawrence Close & Hackness Road Culvert runs through the site and is the very same stream which was responsible for the serious flooding of the properties at  57  and 60 Hackness Road.  The FRA does not take into account the impact of the current problems or the future problems which may arise as a direct result of any improvement works carried out upstream which could lead to an increase in the speed and volume of water entering and exiting this site.
  3. The style and design of the properties is not in keeping with the area and councillors can only reiterate their previous comments made under application 06/02637 in January 2007.
  4. Consideration should be given to the number of applications the applicant is making for this site and the impact of Section 17 of the Planning Compensation Act 1991.  If this current application is rejected by the committee then the committee should consider whether or not they feel the provisions of this act should be applied.
2 Proposal
Site
Applicant
Application No.
SBC Decision
PC Decision
Proposed conservatory to the rear of existing dwelling
2 Newby Farm Court, Scalby
Mr and Mrs Nunns
09/00282/FL
By delegated decision
No objections
3 Proposal
Site
Applicant
Application No.
SBC Decision
PC Decision
Removal of existing garage and erection of replacement flat roof garage
25 Scalby Beck Road, Scalby
Mrs Smith
09/00303/FL
By delegated decision
No objections
4 Proposal
Site
Applicant
Application No.
SBC Decision
PC Decision
Erection of single storey dining room extension to side
32 Hay Brow Crescent, Scalby
Mr and Mrs D Hartley
09/00176/FL
By delegated decision
No objections
5 Proposal
Site
Applicant
Application No.
SBC Decision
PC Decision
Proposed side extension, reduce depth of existing garage with new door
38 The Parkway
Mr and Mrs J Atkinson
09/00177/FL
By delegated decision
No objections
6 Proposal
Site
Applicant
Application No.
SBC Decision
PC Decision
Front Porch and Cloakroom
15 The Parkway
Mr and Mrs R Overy
09/00335/FL
By delegated decision
No objections
7 Proposal

 

Site
Applicant
Application No.
SBC Decision
PC Decision

Amendment to proposed pitched roof and dormers to an existing flat roof single storey extension and alterations and extensions to provide self-contained supervised accommodation for disable parent. Bedroom dormer omitted, gable windows added, flat roofed dormer replaced by hipped dormers and roof pitch increase.
62 Station Road, Scalby
Mr and Mrs K Riley
09/00132/FL
Committee Decision
No objections

66/09  OTHER PLANNING ISSUES RELATING TO SBC  None received.

67/09  PLANNING APPLICATIONS – NORTH YORK MOORS NATIONAL PARK
The following planning application was considered and the decisions taken thereon is as shown below:

1 Proposal
Site
Applicant
Application No.
PC Decision
Construction of a timber dog kennel (Retrospective)
Foxhill Paddocks, Low Road, Throxenby
Mr I Harrison
NYM/2009/0128/FL
No objections

68/09  PLANNING APPLICATIONS – NORTH YORKSHIRE COUNTY COUNCIL  None received.

Pursuant to section 1 (2) of the Public Bodies (Admission to Meetings) Act 1960 it was RESOLVED that, because of the confidential nature of the business to be transacted, the public and the press leave the meeting during consideration of the following item.

69/09 PARISH HALL
An update from Councillor Bastiman and the Clerk was RECEIVED and Councillors were pleased to note the progress to date. Councillor Bastiman thanked Councillor Pickersgill for his efforts in respect of the Probation Service in connection with the lowering of the soil levels around the footings of the hall to prevent breaches of the DPC and for the offer to provide the labour for painting and other ongoing maintenance works. Councillor Bastiman confirmed that the Clerk had made good progress in obtaining tradesmen’s estimates for the works required and informed Councillors of the ball park figure for the total cost of the works which was well within the limits of prudence. He also confirmed that the Commission had now (today) confirmed that   the 1 April 2009 deadline was achievable and he would liaise with the clerk to vet the new trust deed and agree its content tomorrow prior to responding to the Commission. The clerk confirmed that he had spent a great deal of time on the bookings for the hall, had resolved various anomalies and the projection of income exceed that provided by SBC. Councillors wished to place on record their grateful thanks and appreciation for all the hard work and efforts put into this project by Councillor Bastiman and the Clerk to meet the tight deadline.

There being no further business on the agenda the Chairman declared the meeting closed at 9.25pm