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Council Meeting – 5th September

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


Present Cllr Barbara Price (BP) (Chair), Bill Cole (BC), Gerry McAllister (GM), Phil Smith (PS), Dave Trigger (DT), Sarah Wyatt (SW)
Tony Price (TP) following co-option at 7.30pm

Also present: Bernard Taylor (BT) (SHDC)

4 members of the public were in attendance

2023 98 Apologies were received from Cllrs Nathanson (work commitments) and Turner (previous engagement) Cllr Rufus Gilbert (DCC) had sent apologies

Public Forum
1. A member of the public had been asked to raise concern at the planning appeal regarding the poultry building at Trehele Cross. They feel the decision by SHDC to refuse the application should not be overturned.
2. A member of the Allotment Society requested MPC response to an idea for the Association to submit a bid for the allotment land currently for sale.
Both matters were considered later in the meeting.

2023 99 Co-option to Council
There had been one expression of interest in joining the council. Mr Price introduced himself and he and members of the public were asked to leave the room at 7.10pm whilst Council considered the application.
BP also left the room having a personal interest in the matter and PS took the chair.

Council considered the application in relation to the person specification and checked that all criteria of eligibility were covered.
Proposed by DT, seconded by GM, 4 in favour and 1 abstention to co-opt Tony Price (TP) onto Council.

Members of the public returned to the room and BP resumed Chair 7.33pm TP signed the declaration of acceptance to office and joined the council table.

2023 100 Declarations of pecuniary and other interests
BP had expressed an interest in item 2023 99 and DT informed Council that he was now a member of Kingsbridge Agricultural Show Committee

2023 101 Minutes of Meetings 1st August 2023
Proposed by PS, seconded by GM, and all were in favour they be approved as a true and accurate record.
Matters Arising:
– Air quality monitoring – progressing
– Overhanging vegetation on the walkways – clerk to place a request for people to monitor their hedges on social media and contact LiveWest regarding the hedge at Traine Villas
– 1669/23/FUL The matter of a gate in the fence adjoining the Memorial Hall Play Area (MHPA) was raised and it was agreed that BP would contact the MHPA Trustees as Freeholders to request they secure the gate.

2023 102 Finance
a) Proposed by PS, seconded by GM and all in favour that the payments as listed in Appendix 1 be approved
b) The Reconciliation was received
c) Recent meeting with the estate agents regarding the Church Lane allotments
Standing Orders were dropped for Chair of the Allotment Association and BT (SHDC) to participate in the discussion
The allotment lease expires 2025. The 0.7 acres of land is not yet on the market but the agents are welcoming bids and have indicated to MPC a guide price that reflects an anticipation that there will interest in the land as a potential development site (despite SHDC refusing a planning application for change of use in 2022) Any proposed significant council expenditure that would increase the precept must go out to consultation with members of the public. The current guide price is not within council’s budget.
Standing orders resumed
BT to chase up the progress of the application for the allotments to be made a community asset, BP and AT to look at grant funding from the Government Community Ownership Fund, BP and Clerk to seek independent advice regarding value of the land – DT recommended Rendells and agreed to contact them, Allotment Association to consider placing a bid once the independent advice had been received regarding the value of the land.

2023 103 Planning
1. The following planning applications were considered:
a) 2725/23/TPO Mrs Jane T669: Horse Chestnut – reduce entire crown by up to 3 metres back to suitable growth points in accordance to BS 3998 making cuts no bigger than 100mm. Reduce 3x large limbs on the south side at approximately 3,4 and 5 metres from ground level that are overhanging the entrance to an industrial site by up to 4 metres back to suitable growth points in accordance to BS 3998 making cuts no bigger than 100mm to improve accesses & reduce the end weight of these overextended limbs, also to help balance the trees crown more Yarn Hay Cottage Burns Lane Modbury PL21 0PZ
Proposed by PS, seconded by BP and all in favour of supporting this application
b) 2482/23/LBC and 2481/23/HHO Mr and Mrs Walsh Listed Building Consent for proposed loft conversion & dormer window 22 Brownston Street Modbury PL21 0RG
Proposed by PS, seconded by BC and all in favour of supporting these applications
c) 2666/23/VAR Mr Jonathan Coyte Retrospective variation of conditions 2 (amend plans to include hot tubs) 4 (landscaping scheme) 6 (facing & roof materials) 7 (external lighting) & removal of condition 5 (Devon hedge bank) of planning consent 1972/21/FUL Application within consultation/publicity period Butland Farm Modbury PL21 0TH
Standing orders were dropped for BT to participate in the discussion
MPC note the non-compliance with the original planning consent leading to this retrospective application, and expressed concern at the on-going issue of retrospective planning applications in general undermining the planning process and providing a loop-hole for applicants
Standing Orders Resumed
Proposed by PS, seconded by BC and all in favour of objecting to this application. MPC’s original objections remain.

2. To consider a response to the Devon Housing Commission consultation.
Agreed that BP would prepare a draft response for the October meeting

3. The following decisions made by SHDC were noted.
a) 2200/23/TCA T1: Cherry – fell, T2: Pittosporum – crown height reduction by 2m
Location: 5 Brownston Street, Modbury, Ivybridge, PL21 0RGnnn Miss Sarah Hecks 5 Brownston Street, Modbury. PL21 0RG No Objection
b) 1292/23/HHO and 1494/23/LBC Gate Cottage Old Traine Modbury PL21 0RN
Miss Elaine Gosling Householder application for single storey extension, roof lights to
bedrooms & gateway in garden Conditional Approval
c) 1669/23/FUL Development Site At SX 657 516 Back Street Modbury Mr James Francis Change of use of public open space land to ancillary residential use (additional garden space)(part retrospective) Conditional Approval

4. To consider a response to the following planning appeal:
Land at SX 675 511″, Trehele Cross, Modbury Provision of poultry building & associated infrastructure including private way 3479/22/FUL Mr Matt Taylor APP/K1128/W/23/3321663
Standing orders were dropped for BT and ex Council Chair with previous knowledge of the matter to participate in the discussion
The report from the Environment Officer addresses concerns raised about management of noise, smell and pollution and concludes that, properly managed, these can be mitigated.
Applicant argues that the re-siting of the building lower down the field deals with the issue of
visibility. It is also noted that some hedgerow planting has been carried out. However, siting lower down the field positions the buildings nearer to the pond and stream with risk of pollution from run off if not properly managed. The scale and nature of the proposed building remains visually incompatible with nearby buildings and with the open nature of the landscape within the setting of the AONB. It therefore does not fulfil the requirement of JLP DEV23 and DEV25 to conserve and enhance the landscape. There is insufficient information about lighting which would be a detrimental factor in an area of dark skies. Access to the site for the large commercial vehicles which would be used remains an issue on the narrow surrounding roads with few passing places.
Standing Orders Resumed
Proposed by PS, seconded by BP and all in favour that MPC expresses the concerns noted above in response to the appeal and that if approval is granted following the appeal reiterate our previous statement
“That all permitted development rights with regards to residential properties be permanently

2023 104 Highways
1. Parking at the bottom of Galpin St / entrance to Burns Lane and the role of the CCTV camera
Standing Orders were dropped to take input from a member of the public as previous Chair and Councillor having historical reference and knowledge of the matter
Standing Orders resumed
Agreed that GM would contact The DCC Road Safety Officer for advice and the clerk would contact DCC for information and advice regarding red zone no parking areas
2. Concerns regarding the safety of the pedestrian crossing in Modbury
Following discussion outlining the concerns and presenting possible solutions it was agreed that MPC has no powers to do anything about this matter and that the clerk would invite DCC Highways Officer and Cllr Gilbert to meet to discuss this issue in depth.

BT left at 8.56pm

2023 105 Community Engagement
1. The cancellation of the committee meeting originally scheduled for 30th August was noted
2. Terms of Reference for the Modbury Town Centre Working Group
Proposed by BP, seconded by SW and agreed by all that these be adopted
More members for the group to be sought and SW to do an advert for The Messenger

2023 106 Maintenance
1. The minutes from the last committee meeting were received
2. Tree Survey:
The 4 quotations received were considered – £786, £825, £1175, £1440 (All excluding VAT)
Proposed by PS, seconded by BC and all in favour that DartForest (£825) be appointed having been recommended by neighbouring parishes and being local to Modbury.

3. The Patch, Tuckers Brook
Proposed by DT, seconded by BP (5 for, 1 against and 1 abstention) that dogs be allowed into The Patch and the situation be monitored to ensure there is no impact on wildlife in the park and that dog fouling does not become a problem.

2023 107 Committees, Sub-committees and Working Groups:
P3 There has been clearance work on FP 1,2 and 7 and step repairs on FP7. Negotiation is underway with the landowner on FP1 concerning a new insulated handle on the electric fence. Renewal of the fingerpost at Donkey Lane remains on-going. Work on FP3 at Brownston will probably be undertaken in the autumn
Homes for Ukraine Support Team
There is a meeting taking place this week with the new CVS liaison worker for Homes for Ukraine
Litter Pickers
Groups picks not due to resume until October

2023 108 To agree the Saturday Rota:
9th Sept. Dave Trigger
16th Sept. Ann Turner
23rd Sept. Gerry McAllister
30th Sept. Sarah Wyatt
7th Oct Bill Cole
14th Oct. Helen Nathanson

2023 109 Communication Received:
River Erme Parish and Town Councils Terms of Reference were noted

Members of the public were asked to leave the meeting as publicity would be prejudicial to public interest by reason of the confidential nature of the legal business to be considered.

Cllr Nathanson joined the meeting remotely for the discussion but having no voting rights.

2023 110 Existing legal anomaly in current council
Council considered the independent report identifying various solutions and agreed the way forward.

Meeting closed at 9.44pm

Date of next meeting:
Tuesday 24th October 2023


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