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Council Meeting – 5th December

Modbury Parish Council Meeting
Tuesday 5th December 2023, 7.00 pm
The Pavilion, QEII Recreation Field


Present: Cllrs Barbara Price (BP) (Chair), Bill Cole (BC), Tony Price (TP), Phil Smith (PS), Dave Trigger (DT), Ann Turner (AT), Sarah Wyatt (SW)
Cllrs Rufus Gilbert (RG) (DCC) and Bernard Taylor (BT) (SHDC) were also present
7 members of the public were in attendance

2023 129 Apologies for absence were received from Councillor Helen Nathanson due to illness.
BP reported that Cllr Gerry McAllister had stepped down from Council and thanked him for his work and wished him well with future plans.

2023 130 There were no declarations interests

Devon County Councillor’s Report (RG)
– reported that the Fare Share public transport scheme was proving to be very popular and an additional pick-up point on Brownston St was being considered
– DCC are ceasing to provide a mobile library service in February. (The remaining 50 static libraries across Devon will be staying open)
– DCC has invested in 6 new gritting lorries
– £6.6m national funding has been received to assist with road repairs
– DCC finances are improving
– The £2.00 bus fare remains for the whole of 2024
– The devolution initiative is progressing.
It was agreed that RG would submit an expression of interest on behalf of MPC to adopt one of the decommissioned mobile libraries.

South Hams District Councillor’s Report (BT)
– The affordable housing at St. Ann’s Chapel has been officially opened
– Modbury Caring Bingo evening raised £1050
– The Plymouth and South Devon Freeport initiative is progressing
– the flooding problems at Orcheton continue with nobody wanting to take responsibility.
BT meeting again with the Environment Agency this month. AT to pursue the responsibilities of Riparian Owners

Public Forum
A member of the public noted the balance and effectiveness of the current Council and thanked the Council for their professionalism and integrity.

2023 131 Co-option
An expression of interest in co-option to Council had been received. Council had received no official notification of the withdrawal of this application but understand that the person is no longer interested.
Clerk to confirm with the applicant.

2023 132 Minutes of Meeting 24th October 2023
Proposed by PS, seconded by SW and all in favour that minutes be received as a true record

Minutes of meeting of 13th November 2023
Proposed by BP, seconded by AT and all in favour that these be received as a true record
Matters Arising:
– CCTV camera – TP to pursue
– Proposed new housing development at Penn Parks – an update has been received from SHDC regarding ideas for S106 funding should the application be successful. MPC is still concerned about access to the site. This will be considered at the January meeting
– Update on DCC review of pedestrian crossing in Modbury – Clerk to chase
– Yellow lines on Barracks Road – preparatory markings have appeared – clerk to chase
– 20mph working group update and VAS camera data – work is progressing on agreeing the terms of reference for the group. Work will proceed after the SWW works
– Adoption of telephone box – MPC has submitted the application. Clerk to chase

2023 133 Finance
a) The payments as listed in the Appendix were agreed. (Note that 3 additional payments were added and clerk will amend the appendix accordingly)
Proposed by PS, seconded by DT and all in favour that monies remaining in the grass-cutting budget be used to undertake an extra cut in March if needed.
b) The reconciliation was received
c) Proposed by TP, seconded by PS and all in favour of funding the free Saturday Christmas Parking in Modbury December 16th and 23rd – cost of £302. SHDC will fund 9th December.
d) Proposed by BP, seconded by DT and all in favour of renewal of the 2 defibrillators for a further 4 years – cost £2,800 + VAT
e) The National Pay Award for the clerk back-dated to 1st April 2023 – increase of £1.00 per hour was noted
f) Proposed by AT, seconded by PS and all in favour of the payment of 30 additional hours worked by the clerk this year to date (the remaining 21 additional hours worked to date be taken as TOIL before 31 March 2023)

2023 134 Planning
1. The following Planning applications were considered:
a) 3503/23/VAR Mrs Sandra Williams Application for variation of Conditions 5 (parking facilities) & 8 (materials of external walling) of planning consent 2545/17/FUL The Coach House Back Street Modbury PL21 0RF
Proposed by AT, seconded by PS and all in favour of supporting this application with a suggestion that the rendered wall be capped
b) 3676/23/LBC Listed Building Consent for alterations & amendment to existing ListedBuilding Consent 2024/22/LBC (Retrospective) 30 Church Street. Modbury. PL21 0QR
Proposed by AT, seconded by PS and all in favour of supporting this application
2. The following decisions made by SHDC were noted:
a) 0883/23/OPA Land At Sx 680 534 Spriddlescombe Manor Farm Modbury G Furneaux & Son Outline application with all matters reserved for construction of dwelling for a farm worker
b) 2970/23/TPO Heatherset Dark Lane Modbury Ivybridge PL21 0RD Mrs Katharine Hope
T1: Oak – reduce NW branch by 8m, reduce NE branch by 6m, remove dead branches to maintain good tree health and shape
DECISION: Refusal – Lesser Tree works allowed
c) 3209/23/HHO The Green Palm Cross Modbury PL21 0QZ Mr And Mrs Hamish Brown Householder application for re-roofing of existing rear lean to, replacement rainwater
goods, re-decoration of external walls & incorporation of inline slate vents to roof
DECISION: Conditional Approval
d) 3603/23/TEX Play Area, Memorial Hall Back Street Modbury Devon Ms Sally Smale
Tree Exemption Application T1459: Downy Birch – Fell to near ground level, main trunk hollow, basal decay, tree in exposed location & likely to fall onto climbing apparatus & users of the play area
DECISION: Tree Works No Objection Raised

2023 135 Policy
1. Proposed by PS, seconded by AT and all in favour that SW will be MPC’s representative on the Kingsbridge, Salcombe, Modbury Chamber of Commerce
2. Proposed by PS, seconded by DT and all in favour that TP be appointed onto the Community Engagement and Finance and HR Committees
3. Proposed by PS, seconded by AT and all in favour that TP lead on Police Liaison
4. Proposed by PS, seconded by BP and all agree that MPC has performed the duty of a public authority and completed the first consideration of what action to take for biodiversity by 1 January 2024 with the declaration of a climate emergency, formation of the Sustainability Committee and leading on the joint Parish Council Water Quality Working Group. The Sustainability Committee will take this forward.
5. Sarah Wyatt volunteered to join the Sustainability Committee Proposed by PS, seconded by BP and agreed by all that SW join the sustainability committee.
6. It was agreed to adopt the reviewed complaints policy. PS to do further work on the persistent or vexatious complaints and complainants policy
7. It was agreed that the revised social media policy and new Communications Policy will be delegated to The Community Engagement Committee for completion and to be brought to the February meeting for adoption
8. The Town Improvement Charity –
The Charity currently has only 1 Trustee and there must be a minimum of 3 for it to continue as a charity (2 of which (the representative trustees) must be appointed by the Council)
Proposed by TP, seconded by AT and all in favour of BC becoming Trustee and that MPC advertise for expressions of interest in becoming a Trustee. If a full complement of trustees is achieved the Trustees will then agree the way forward for the Charity. If the third position cannot be filled it will come back to Council to review.

2023 136 Highways
Severe flooding in Orcheton
It was agreed that MPC has a role to encourage communication and co-operation between all the parties concerned. AT to draft a letter to all parties.

2023 137 Maintenance
1. Offer to replace the bench between Galpin St. and Ayleston Cross with an eco-friendly bench with a memorial plaque
Standing orders were dropped for the member of public to present his proposal
Standing orders resumed
It was agreed that this was a nice idea and generous offer.
Proposed by BP, seconded by AT and all in favour of the maintenance committee taking this forward
2. Correspondence regarding the services provided by MS contracting
BP detailed the regretful mis-information and consequent misunderstandings shared on social media and reported that Council was confident that due process had been followed but that, in the light of the query, did consult with the professional support body for local councils (DALC). This is not a new contract but to replace a previous contractor. Council is confident that it has followed legislation and its own regulations for the size of the contract. MPC is also confident that it has obtained best value by using a company currently working for another local parish, holding all the necessary insurance and skills certifications required and undertaking similar work.
Proposed by BC, seconded by PS and all in agreement that this response will be sent to the correspondee.

2023 138 Modbury Association of Recreation and Sports update regarding transition to Trust
MARS continues to provide an excellent and essential service to the community. The auditors however have notified us that the procedures and practices can no longer continue to operate in the same way if it wishes to continue to be a Council Committee. There were 2 options:
– MARS works within the regulations of the Council which would introduce the accompanying layers of bureaucracy and reduce their flexibility
– The responsibility for the provision of sport and recreation is transferred to a Charitable Trust.
All have agreed that a Charitable Trust would be established with MPC as sole trustee. The Trust (name to be agreed) would be a totally separate corporate body from the council and would delegate day to day management of the facilities to a management committee.
Council will continue to own the land and buildings and would lease these facilities to the Charitable Trust.
Work is progressing on the legal documents required and it is hoped these will come to the January meeting of Council.
In order to begin the process of disaggregating the accounts the MARS Committee is now effectively working as a management committee working to the de facto Charitable Trust (Name to be agreed)

2023 139 South West Water update
1. It was noted that maps illustrating the road closures and diversions are now available on the website – thanks to PS. Agreed that PS and TP would produce A3 printed versions to be displayed around the town
2. Speeding traffic on Church Lane – communication had been received regarding the speeding traffic on Church Lane putting pedestrians at risk, and expressing concern that this would be exacerbated during the 6 week road closure period with the one-way system.
Agreed that the clerk should forward this email to DCC Highways and SWW.

2023 140 Committees, Sub-committees and Working Groups:
Written reports had been provided by PS and AT for the following:
Drain Clearing Team, Litter Pickers, Road Warden Team, Sustainability
available on our website

2023 141 The Saturday Rota was agreed

9th December Bill Cole
16th December Ann Turner
6th January Barbara Price

13th January Dave Trigger
20th January Bill Cole

Date of next meeting Tuesday 9th January 2024

2023 142 In accordance with the Public Bodies (Admission to Meetings) Act 1960, S1(2), it was resolved that agenda items 2023 143 and 2023 144 be taken with the public excluded.

Part II

2023 143 The maximum offer to be made for the land designated as Open Green Space in the Neighbourhood Plan and currently holding the allotments on Church Lane was agreed.

2023 144 Council considered various options for progressing work to achieve a community space for Modbury and agreed actions.

Meeting closed at 9.35pm


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