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Council Meeting – 9th January 2024

Modbury Parish Council Meeting
Tuesday 9th January 7.00 pm
The Pavilion. QEII Recreation Field


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

2023 145 Apologies were received from Cllrs Trigger (illness) and Nathanson (work commitments)

2023 146 Declarations of pecuniary and other interests
BP expressed an interest in the grant application from SH Community Action (Trustee) and BC in the grant application from Modbury Caring (Trustee)

Public Forum
A member of the public raised the issue of the on-going flooding problems at Orcheton and it was agreed that AT would pursue with The riparian owner and other agencies involved in discussions to date.

Devon County Councillor’s Report (RG)
1. The Devolution proposals for Devon (not now to include Plymouth) have in principle been agreed with government and should come in to force April 1st.
There will no changes to the make up of Districts, Parishes and DCC.
2. The transfer of LEP’s Local Enterprise Partnerships to upper tier authorities (DCC) will also be completed by April 1st
3. The £2.00 bus fare will continue till end 2024
4. Devon will get £6.6M from HS2 cancellation towards road repairs
5. DCC has bought six replacement gritters.
6. DIY waste taken to recycling centres. Contrary to media coverage, this will be limited and not include tyres and asbestos.
7. Parishes have an opportunity to update or renew their applications for 20mph zones – clerk to action
8. Finance is now available to patch the road from Bastard’s Park Corner to Chapel Cross
9. RG is pleased that all the preparation work done last year for the SWW works as helped with a relatively smooth start to the road closures. Teething problems were discussed and RG will assist SWW / MPC with the request to DCC for additional signage at the 2 big problem areas (Barracks Road outside the school (particularly at school drop off and pick up) and Back Lane (being used as a cut through). The site manager and customer liaison officer for SWW have been liaising with MPC throughout the day.
MPC thanked RG for his support and prompt action in shutting down the faulty road signage showing Modbury was closed on the 15th December.

District Councillor’s Report (BT)
1. Reminder that the Home Upgrade Grant (HUG2) (help to reduce energy bills) is available. The Homes Upgrade Grant is available to homeowners with an annual income of less than £31K, who have heating that isn’t mains gas and an EPC rating of D,E,F or G.
2. SHDC have a thermal imaging camera available for loan
3. SHDC is working to build a list of companies who hire e-bikes in the area. This is so that they can support them and grow the use of e-bikes in the area. If anyone knows of any others, please send SHDC the detail.
4. Reassured Council that all waste would be collected throughout the SWW closure period.
5. BT is chasing work needed to the trees on the hedge alongside the footpath on Barracks Road.

2023 147 Minutes of Meeting 5th December 2024
Proposed by PS, seconded by AT and all in favour that these be received as a true record
Matters Arising:
– CCTV camera – TP to discuss with the police officer at the community police surgery on 22nd January
– Yellow lines on Barracks Road – scheduled for end January. Clerk to remind DCC of SWW road works and chase the yellow lines at the top of Galpin Street (Gees Lane)
– Adoption of telephone box – agreement has been signed. Usage to be considered at the February meeting
– Allotments – MPC has submitted the offer for purchase as agreed in part II of the December meeting. No response to date. Deadline for grant application towards the purchase is end January.

2023 148 Finance
1. The payments as listed in Appendix 1 were approved
2. The Reconciliation was noted
3. Proposed by PS, seconded by TP and all in favour of accepting the minutes of the December FHR Committee meeting
4. Proposed by PS, seconded by BP and all in favour of agreeing the budget for 2024-2025 (Accompanying notes on the website)
5. Proposed by PS, seconded by AT and all in favour of agreeing the precept for 2024-2025
£57,325 – which is a 5% increase on last year = £3.33 per annum increase for a Band D property
6. Proposed by BP, seconded by AT and all in favour of renewing the subscription to Devon Association of Local Councils (Advice and Support Service)
23-24 £419 24 – 25 £556 (Pending confirmation of number of electors)
7. It was agreed to consider applying for the DCC community library support fund grant at the February meeting
8. Grant applications:
a) South Hams Community Action – BP clarified the role of the charity but did not contribute further or vote. BC also abstained in his role with Modbury Caring. Proposed by TP, seconded by AT and all in favour of granting £500
b) Modbury Caring (BP declared an interest and did not vote) Proposed by PS, seconded by AT and all in favour of granting £500
c) Modbury Tourist Information Centre – It was agreed that TP would liaise with the organisation for further details and this would be considered at the February meeting
d) Ivybridge Ring and Ride – it was agreed not to grant fund this organisation at the present time due to lack of evidence of use by Modbury parishioners
e) Four Rivers Dementia Alliance – Proposed by PS, seconded by AT and all in favour of grant funding £100

2023 149 Planning
1. The following Planning applications were considered:
a) 3975/23/HHO Coach House Treveor Gardens Modbury PL21 0TE Householder application for proposed Single Storey Side Extension
Proposed by AT, seconded by BP and all in favour of supporting this application
b) 3988/23/CLE Barn at SX 691513 Polston Parks Modbury Certificate of lawfulness for existing commencement of works pursuant to application 0068/21/FUL in relation to conversion of barn
Noted as there was nothing to approve
c) 3911/23/HHO Courtyard House, 6B Church Street, Modbury, PL21 0QW Householder application for single storey rear extension
Proposed by PS, seconded by BC and agreed by all that AT, BP and BC request a site visit to clarify a few details and Council delegate decision to them to make following the visit.
d) 1505/23/FUL READVERTISEMENT (notice served on land owner) Provision of 3 bedroom dwelling (log cabin) to accommodate graduate vets/nurses Site Address: Land At Sx 654 517, New Mills Industrial Estate, Modbury
Previous response: Council agreed that if this was not an industrial zone it was a reasonable application. Council
also have sympathy with the difficulties in finding affordable housing in the area, as recognised in the early work on the Neighbourhood Plan. However, it was considered that support could not be given to this application for a residential property in an industrial zone which has already been considered by SHDC as inappropriate for a footpath to cross.
Standing orders were dropped for BT to provide some information re rational for site visit
Standing orders were resumed
Although MPC is sympathetic to the problems with affordable housing in the parish, objections remain as per previous application with particular reference to the adopted Neighbourhood Plan designating this area as an industrial zone. MPC are also concerned that this might set a precedent for future applications and would also like to bring to the attention of SHDC the reports from Highways concerning access and the police concerning safety and security for a residential property on an isolated industrial estate. The invitation to attend a SHDC site meeting and subsequent planning meeting were noted and MPC attendance will be arranged.
Proposed by AT, seconded by PS and all in favour of objecting to this application.
e) 3881/23/LBC Gate Cottage, Lane To Old Traine Barn, Modbury, Devon, PL21 0RN
Revision to approved application 1494/23/LBC from hardwood to powder coated aluminium windows and doors
It was agreed that the revision to the original application is not compatible to the building which is also sited in close proximity to a neighbouring building of significant historical interest.
Proposed by AT, seconded by PS and all in favour of objecting to this application

2. The following decisions made by SHDC were noted:
3452/23/TCA T2: Cherry – crown height reduction by3.5m, lateral crown reduction on
all sides by 1m Location: 17, Church Street, Modbury, Ivybridge, PL21 0QP Mr Nick Owen
17 Church Street, Modbury Devon. PL21 0QP Approved

Standing orders were dropped for BT to explain the outcome of:
3. Appeal : 3479/22/FUL Land at Trehele Cross, Modbury
Standing orders resumed
Appeal rejected

4. Penn Parks proposed development update including consideration of actions regarding Green Lane and S106 monies
Standing orders were dropped for BT to provide some background regarding the S106 funding – £85,000 available
Standing orders resumed
MPC repeats the ongoing concerns regarding access to the site and notes that any discussions regarding S106 monies will not compromise any future consideration of the planning application. It was agreed that this matter would be considered at the February meeting in conjunction with the report from the Independent Highways Consultant recently undertaken to enable an informed decision regarding where monies available could best be applied to benefit the community.

2023 150 Policy
1. Proposed by BP, seconded by AT and all in favour of adopting the new Persistent or Vexatious Complaints Policy and Procedure
2. Proposed by PS, seconded by AT and all in favour of winding up the Ukrainian Working Group
It was noted that since its formation May 2022 it had supported 6 households of 10 individuals with support to access schooling, employment, benefits and with additional individual needs.
3. Proposed by BP, seconded by PS and all in favour of supporting the revised Scheme of Delegation
4. To bring privately owned housing (previously social) back into social housing ownership – it was agreed that the clerk would request a meeting with LiveWest to discuss their provision in Modbury

2023 151 Highways
1. Feasibility study for the pedestrian crossing – it was agreed to request Callidus to provide a quote for this work as an extension to their current remit
2. SWW Sewerage works update – covered earlier

2023 152 Maintenance
The minutes of the meeting on 11th December were received.

2023 153 MARS
1. The minutes of the December meeting were received
2. Proposed by BP, seconded by BC and all in favour of approving the The Tennis Club Licence to Occupy
3. Registration of a new charity with the Object of enabling sports and recreation opportunities for residents of Modbury
a) It was agreed that TP would join the working group
b) Governing Document for Charity (now named Modbury Recreation Trust (MRT)) – work in progress. Aim to submit this to the Charity Commission for comment and this will come to the February meeting
c) The draft lease between Modbury Parish Council and the new charity (MRT) – discussed briefly and BP outlined where advice was being sought. This will come to the February meeting
d) Work on the agreement between the charity and management committee will continue in conjunction with the MARS committee
c) Proposed by PS, seconded by BC and all in favour of delegating further work and expenditure up to £5000 to the Chair and Clerk to progress work

2023 154 Committees, Sub-committees and Working Groups reports:
The minutes to the last River Erme Councils’ meeting were noted

2023 155 To agree the Saturday Rota:

13th January Sarah Wyatt
20th January Bill Cole
27th January Barbara Price
3rd February Tony Price
10th February Bill Cole

2023 156 It was agreed that the dates for meetings for 2024 continue as the 1st Tuesday of the month with the following exceptions:
Tuesday 16th July 7pm in The Memorial Hall
Tuesday 8th October 7pm in The Pavilion

Date of next meeting Tuesday 6th February


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