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Council Meeting – 6th February

Modbury Parish Council Meeting
Tuesday 6th February 7.00 pm

Present: Cllrs Barbara Price (BP) (Chair), Bill Cole (BC), Helen Nathanson (HN), 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
10 members of the public were in attendance


2023 157 There were no apologies for absence

2023 158 There were no declarations of interests

Public Forum:
1. A member of the public mentioned the on-going problems with pot-holes and flooding at Orcheton –RG to chase
2. Information was provided regarding planning application 4095/23/FUL Green Vale
3. Information was provided regarding planning application 0125/24/FUL Shearlangstone Barn
4. A query was raised regarding date from the VAS on Barracks Road – clerk to seek replacement of missing leads
5. Clerk to chase painting of the yellow lines on Barracks Road
6. Clerk and Councillors to send outstanding W report numbers to RG

Devon County Councillor’s report (RG)
January report
1. DIY waste taken to recycling centres:
Four single visits/house in any four week period or an un-bagged item up to 2 metres.
All else will be charged
2. A379 in Yealmpton closed 26th Feb to 1st March 2024
3. Information regarding devolution can be found on the website
4. RG complimented MPC, SWW and their contractors for the smooth operation of the sewerage works. Everyone agreed that the contractors had been exceptional and a credit to their Company.
HN raised the poor state of the landscape surrounding the Kitterford roundabout – clerk to get contact from DCC Highways

District Councillor’s Report (BT)
1. SHDC now have a climate emergency planting grant fund – AT to apply
2. SHDC are providing training and job opportunities for care leavers
3. 75% business rate relief now available for hospitality businesses – SW to inform traders
5. BT to investigate why 2 waste collection vehicles are serving Brownston

2023 159 Minutes of Meeting 9th January 2024
Proposed by PS, seconded by AT and all in favour that these be received as a true record
Matters arising:
1. The Tourist Information Centre has been contacted regarding the grant application for their website and TP will be working with them to update the site. Grant application to be considered at the March meeting
2. The query from the last meeting regarding the planning application in Back Street was clarified – it is a single story extension. It was noted that it is not advisable for parish councillors to make site visits without SHDC representation

2023 160 Summary of Council’s activity since the last meeting:
• Considerable number of hours spent by several councillors liaising with SWW and their contractors regarding problems with HGVs ignoring the diversion
• MPC has liaised with local media to raise the issue of HGVs on BBC Spotlight, in the Gazette and on BBC Radio
• River Erme Councils have met with SHDC to discuss impact of developments on water quality and planning regulations
• Concern has been raised at the potential damage to trees along Kennel Lane due to on-going clearance work in a neighbouring field. MPC are considering applying for TPOs
• Considerable time is being spent on liaising with solicitors and surveyors to progress work towards the creation of the Charitable Trust to take on responsibility for the running of the recreational facilities
• Developments are in hand for the Council website – creation of a community organisation page, embedding mapping into the site and transfer of Neighbourhood Plan documentation
• Work has started on a Modbury regeneration project following the SWW works
• MPC continues to work jointly with Traders and Businesses
• Community Police surgeries are now established on the first Monday of the month in the parish office
• LiveWest have been approached regarding affordable housing in Modbury and their response will be considered at the next meeting
• Building surveyors have been resourced to restate insurance values MPC properties
• Council is currently undergoing a preparatory mid-year internal audit
• Maintenance work includes a review of the condition of the bollards on the Palm Cross parking plots, Removal of the dangerous tree roots in Memorial Hall Play Area, erection of new noticeboards and on-going repairs as identified in the monthly safety checks

2023 161 Finance
1. Proposed by BP, seconded by PS and all in favour that the payments as listed in the appendix be approved subject to clerk amending typing error for office rent
2. The Reconciliation and update on the Ear-marked Reserves was received
3. Insurance reinstatement evaluation for the following buildings:
MARS 2 x containers, Scout Hut, Pavilion, Tennis Club Pavilion, The Old Fire Station maintenance store.
Three quotes had been received:
£2,950 plus VAT
£300 plus VAT (desktop) £780 plus VAT (onsite)
£595 plus VAT
Proposed by HN, seconded by PS and all in favour of appointing BCH (£595 plus VAT)
4. It was agreed that the revision of charges for parking rental at Palm Cross Green for 2024-2025 be considered by the maintenance committee at their next meeting

2023 162 Planning
1. The following Planning applications were considered:
a) 0142/24/HHO Householder application for the extension of the existing property to the rear at a single storey level. 1 Back Street Modbury PL21 0RF
Proposed by AT, seconded by TP and all in favour of supporting this application
b) 0125/24/FUL Barn for animal welfare/storage and agricultural vehicle storage Shearlangstone Farm, Shearlangstone Barn, Modbury, PL21 0TQ
MPC has no problem with the proposed building or the reasons for the build but does regret that they are considering another retrospective application. Council request that a condition is applied to protect the building in perpetuity from becoming a residential property.
Standings orders were dropped for the applicant to speak who reassured Council there were no plans for residential purposes and to respond to BT that there were no plans for vehicle storage in the building.
Standing orders resumed
Proposed by AT, seconded by HN and agreed by 6 to support the application. PS abstained and BC objected.
c) 4095/23/FUL Use of existing building as ancillary annexe Green Vale, Modbury, PL21 0SR
It was noted that this property had been under planning enforcement for non-compliance with a condition of a previous planning application for the building to be removed once the work on the main house had been completed and that 2 appeals from the applicant to remove the condition had been unsuccessful. Council consider that all previous concerns regarding flooding, position of the building, materials and over-development of the site remain.
Proposed by AT, seconded by HN and all in favour of objecting to this application
d) 4221/23/FUL Proposed creation of two shops & office with staff room incl. associated alterations & repairs. Hardware Store, 2 Broad Street, Modbury, PL21 0PS For purposes of transparency Council reported that this site had been visited as a possible location option for the Council office
Council consider that the division of the building into smaller units will make it more marketable and would recommend that thought be given to restoring the original window in the back unit which currently has no natural light.
Proposed by AT, seconded by PS and all in favour of supporting this application.
2. The following decisions made by SHDC were noted:
a) 3480/23/LBC Listed Building Consent Mr James Riggs – SJ Southwest Developments Ltd. 9, Church Street, Modbury, PL21 0QW
Conditional Approval

2023 163 Policy
1. Proposed by BP, seconded by PS and all in favour of adopting the revised Social Media Policy
2. Proposed by BP, seconded by HN and all in favour of adopting the Communications Policy
3. Proposed by PS, seconded by HN and all in favour of adopting the revised Financial Regulations subject to amendment to par. 11.1h
4. Proposed by HN, seconded by SW and agreed by all that AT sit on The Town Centre Working Group

2023 164 Highways
1. A quote (from Callidus) to undertake a review of the pedestrian crossing in Church Street and agree a way forward – estimate £1,300 was considered
Further costs of up to £90,000 had been estimated to produce the detailed report for a solution and carry out the work and, with regret, it was agreed that this would be put on hold and reviewed as appropriate in the future. Clerk to ask if the light can be improved and request repainting the lines as measures to improve the safety of the crossing .
3. Proposed by BP, seconded by AT and all in favour that the areas to be covered in the application to DCC to apply a 20mph speed restriction in Modbury would be Barracks Road and Dark Lane

2023 165 Maintenance
Proposed by PS, seconded by HN and all agreed to continue the contract with DCC urban grass cutting – payment to MPC 24/25 year from DCC = £1,211. (It was noted that this no longer cover the actual costs of the work)

2023 166 Community Engagement
1. The minutes from the Committee meeting were received
2. Relaunch of Modbury post SWW works
SW provided a plan and summary of work done to date to regenerate the town. The emphasis is to improve the appearance of the town including painting railings, lamp posts and building frontages and increasing planting. SWW will grant fund £500 and DCC have funded £1000. Modbury Traders and MPC will contribute and SW will apply for a regeneration grant from SHDC. Clerk to send map of waste bins for replacement to BT. There will be an open meeting for all stakeholders to become involved (date to be agreed).

2023 167 MARS
1. It was agreed to authorise MARS to spend up to £7,500 for works to repair and maintain the fields as stipulated in the grant agreement from the Football Foundation

2023 168 Sustainability Committee
1. Re-instatement of the hedge on Palm Cross Green verge and improvement to the hedging on the Play Area verge.
It was agreed to delegate this to the sustainability committee to cost sturdier plants and proceed with the project
2. Full update on sustainability issues is available on our website

2023 169 There were no further reports from Committees, Sub-committees and Working Groups not dealt with earlier.

2023 170 In accordance with the Public Bodies (Admission to Meetings) Act 1960, S1(2), it was resolved that agenda items 2023 171 and 2023 172 be taken with the public excluded for reasons of commercial sensitivity.

Part I of meeting closed at 8.55pm and the public left the building

Part II

2023 171 Allotments – MPC had made an offer to the vendors for the purchase of the land holding the current allotments and this was refused. It was agreed not to increase this offer any further but continue searching for alternative locations.

2023 172 Relocation of the council office following notice of termination of lease at Galpin Street
Three locations had been viewed and were considered.
Proposed by BC, seconded by DT and all (except HN who proposed a fuller needs analysis) in favour of:
– pursuing a relocation to 32 Church Street (BP to liaise with the owner regarding the lease)
– PS drawing up a project plan for the move
– Projected costings for the project be brought to the March meeting.

2023 169 The Saturday Rota was agreed:

10th February Bill Cole
17th February Barbara Price
24th February Helen Nathanson
2nd March Phil Smith
9th March Phil Smith

Dates of next meetings:

Extra-ordinary meeting (Agenda to be finalised)
Monday 19th February.
4.30pm in The Memorial Hall

Tuesday 5th March 2024 7pm in The Pavilion Ordinary meeting


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