Latest Minutes

5th FEBRUARY 2018 AT 7.30 PM
Chairperson: J Cutting
Councillors: M Balbirnie, P De Vaux Balbirnie, D Botterell, L Gray, M Reed, J Rowland, S Rowland, J Smith Daye, H Smith, R Smith, J Taylor and B Ward
Tendring District Councillors Mike Brown and Jeff Bray
Clerk: Mrs G Loach
3 residents present
Residents were given time to speak before the meeting began.
No resident issues
Apologies were received this month from Essex County Councillor Andrew Erskine.
Councillor H Smith proposed the minutes and Councillor J Taylor seconded. The minutes were agreed by all and signed by the Chairman as a true record of the meeting on the 8th January.
The Chairman will report on previous urgent matters later in the report. There are no new urgent matters.
The Chairman stated that the maintenance man had been contacted regarding the bollards and they should be repaired within the month. The Chairman met the tree surgeon re: car park tree overhanging the Harwich Road garden. We will be billed for our tree and the resident will be billed for his tree, which when cut should fix the problem. The Parish Fields Trust met (meeting on same day as TDALC meeting), and the trust is ongoing. An email was sent to Highways regarding the flooding in The Street and the keep left signs. A letter was received in reply to say that the works are in progress. The flooding has since been dealt with. A copy of the letter is to be put into the noticeboards for residents to see.
The Chairman emailed the Head of Planning at Tendring District Council regarding the 9 properties on Holland Road. It had been approved under delegated decision. An initial reply was received but no further correspondence. A discussion was then held about 113 Holland Road. The Chairman was hoping for answers why it was approved before we had even received it.
Centenary Way Car Boot Site has now been refused. The materials have now arrived to ‘fill in the furrows’ in the car park, ready for the Boot Sale season. The maintenance group met and reviewed the tender documents. The tenders are to be sent out this week, for return by the end of February.
(a) Highways
Councillor R Smith reported that the road sign at St Osyth Road West was now battered and bent and a new sign is needed. Councillor De Vaux Balbirnie reported that there was also a sign by the roundabout which needed replacing. Councillor J Taylor reported that Elm Road needed a sign to say that it was a ‘dead end’ as too many large lorries enter the road and need to turnaround.
Councillor J Rowlands explained that there was no report available at present.

(a) Maintenance and Services.
Councillor S Rowlands reported that he was waiting for a price to paint out the bus shelter panels. The Maintenance man is going to take a look at the benches to see if any need re-painting. The Chairman asked if the doors at the Parish Office could also be looked at. Councillor J Rowlands stated that the contract needed a few changes before sending out. They will be emailed to the clerk to make the changes.
(b) Street lights
Councillor M Reed reported that there were issues with St Osyth Road, and Elm Road lights. In Harwich Road, the cowl has been removed from one light, but there have been no complaints so it will be left down at the present.
(c) Footpaths
Councillor Gray reported that the Dead Lane footpath was now done and looks good.
(d) Planning and Development
(i) Councillor M Reed reported on the following Planning applications:
The Chairman declared an interest in the first application, 18/00047/FUL.
18/00047/FUL 27 Weeley Road CO16 9EN Proposed erection of single storey building to form annexe We would recommend that the building never becomes used for residential/dwelling purposes. We also recommend that the height of the roof is restricted so that it will always be a single storey building, not capable to be converted to a double storey building in future years and does not restrict/alter the view to existing properties.
Recommend approval with the above comments in mind.
Recommend Approval.

17/01868/FUL Land adjacent 113 Holland Road CO16 9RU. Single storey detached dwelling We feel that this is still a build on green gap/valuable high grade arable land and outside the settlement area. It is a creeping development. It was refused as a house and for the same reason apart from out of character with the existing new build bungalows we fell the former reasons for refusal still relevant. We now have a strong and robust five year supply and can therefore have control; with new building across the village without the fear of presumption in favour.

18/00057/FUL 44 The Street CO16 9LE. Proposed flat roof single storey extension We would prefer to see a pitched roof to the extension rather than a flat roof as proposed.
Recommend Approval.

18/00079/FUL 66 Harwich Road CO16 9NE. Hip to gable loft conversion, rear dormer and single storey rear extension. Recommend Approval.

18/00105/FUL 1 Bovills Hall Cottages St Osyth Road West Little Clacton CO16 9DJ Single storey extension with glazed roof lantern and chimney breast. We have concern about the smoke from the wood burner being blown toward existing nearby property.
Recommend Approval.

Change of use from Sui Generis to B2 and installation of cesspit. Recommend Approval.

(ii) Planning Decisions:

Telstar Nurseries Holland Road CO16 9QG. Six new agricultural sheds, four for insect breeding, one for storage and one for cleaning process with additional staff car parking. Approval Full
Land adjacent 15 Weeley Road. Discharge of conditions 6 Materials, 7 Landscaping, 8 Boundary treatments. Approved

17/01869/DETAIL Land adjacent 2-4 St Osyth Road. Changes to original application which was passed. Approved

Former Greengates Residential Park. Discharge of conditions which allowed the application to succeed Approved

Site adjacent 259 Harwich Road. Proposed house. Refusal outline. Outside development area, robust five-year supply, SPL1, QL1 (sustainability). The Village being a Rural Service Centre which identi-fies for small scale growth only
Land off Whitegates Court CO16 9FD. Erection of 9 bungalows. This was called in by Little Clacton Parish Council and we have a receipt of the action. The proposal has been approved without going to full committee therefore we as a council had no ability to forward our case, which is strongly based toward Refusal of the proposal. Catherine Bicknell was contacted as soon as it was noted that the call in was ignored, against all principles of Democracy, and we assured a reply, which has not occurred. We feel that this action is so severe and without reply that it would now be necessary to take the matter further and make contact with the media to highlight the situation. It is, apart from presumptuous back land development, creeping development, urbanisation of the immediate area, extends risk of potential flooding, increased noise, loss of view and outside the settlement area. We also have a very robust 5 year supply and need to have control over the planning within the Village.
A discussion was held regarding planning determinations made before the Parish had seen the application. Councillor Reed proposed the Chairman takes the issue to the Gazette, Councillor Gray seconded. Councillor Reed read out a letter to be sent to Planning regarding Land off Connaught Road.
Councillor De Vaux Balbirnie proposed the planning group comments and Councillor Botterell seconded. All agreed.
(iii) Local Plan – We are still waiting to hear news.
(d) Business and Organisation Group
(i) Maintenance contract
The maintenance group met and reviewed the tender documents. As agreed the contracts will be sent out to tender this week. Councillor De Vaux Balbirnie proposed that we issue the tender documents and Councillor Smith-Daye seconded.
(ii) Standing Orders
The Clerk is to review the Standing Orders and email proposed changes around before the next meeting, when they can be voted on.
The Chairman reported that the website was going smoothly with no issues.
Councillor Botterell attended the TDALC meeting this month and he wrote and read out the following report:
Data Protection Officer needed for LCPC, do we have one?
The DPO cannot be the Clerk, RFO or Councillor. There is a NALC document outlining this.
The DPO needs to be impartial and knowledgeable. The job is quite in –depth, so much so that if the clerk were allowed to be the DPO, a part time clerk would not have the time to deal with it anyway. It is suggested that the DPO could be outsourced to a company, or maybe something that the NALC would offer as a service in the future or be able to point us in the direction of a service provider.
Data protection
Little Clacton Parish Council need to start with simple things like having our own LCPC email addresses and not using private email accounts. This is so that they can be centrally managed and audited if needed and the data protected. Social media uses can also infringe on data protection. Naming names etc. Also the safekeeping of notes taken by members and their own interpretations of the notes taken. Ie. Their interpretation could be misconstrued if the note were to be read by others out of context.
Highways and Planning applications
Highway’s impact on planning applications and lack of comment or opposition is always a noticeable concern. Wording has changed in the NPPF paragraph 12 from significant to severe. Meaning that Highways will only object to a planning application or make comment if the impact is severe. What is classed as severe? It is a chance to de-categorise and side step making a decision against planning. They will only object to items seen as having a severe impact. One member at the meeting suggested a campaign by the NALC against NPPF para 12 to have it changed or at least have a firm set of rules to indicate what they consider as severe.
Essex Highways Talk to Parish Councils
Matthew Bradley from Essex Highways could give LCPC a talk on Highways role in planning applications. He gave a talk to Brightlingsea TC which proved very informative. Could we arrange a talk for LCPC? TDALC are currently making arrangements for him to talk at a future meeting there.

Grant funding for Community Warden
St Osyth Parish Councillor Talbot will be asking at the next NALC meeting to find out what exactly the criteria was for getting this grand fund. It has been suggested that we didn’t fit the criteria in the respect that if something the warden could do was to be funded elsewhere,
(i.e. a dog mess ticket could be done by a dog warden) it would be double funding. So the warden was rejected as not meeting the criteria to improve a parish and providing something that it hasn’t already got access to.
Land banking by developers is an issue across the district. It was suggested that a 25% council tax proposal be put forward to stop land banking. To combat land banking a proposed ½ or ¼ rate of Council Tax would be payable at the rated value for each of the approved planned properties if building isn’t well underway within a pre-determined period, say one year. The tax is to remain active until the development is finished.
Centenary Way – Car boot site
Centenary Way Development High Court challenge led to the application being revoked and the government inspectors report being withdrawn. The next step will be a fresh review by another government inspector following re-submission of the plans and subsequent rejection by TDC. Since the TDALC meeting the new application for this site has been rejected and signed off by the head of Planning at TDC. The next step for this application will be a fresh government inspector’s review of which we are hopeful that the emerging local plan will help towards a refusal decision for the development from the inspector.
Is the Clerk CILCA qualified?
There is a fund to help towards qualification, the bursary is available on registration to the course. Once the Clerk is CILCA qualified the Council can apply for different funds and grants that are not available without qualification. This is a one-year course and involves completion of a portfolio and proof of work exercises.
The Chairman reported that football was back after Christmas. The Hall is hired out regularly. We have been asked if a bin could be installed in the car park to collect for the Air ambulance. Mr Bellamy is not keen as the site could become full of dumped rubbish. Also, we wouldn’t want to leave the security gates open all the time. The Chairman said that we will decline.
Councillor De Vaux Balbirnie reported that the flood lights were working well, and they were moved around to stop the ground being churned up. They all go off at 7.00pm. The same company which did the millennium Green barriers priced up height barriers for the Village Green, and the price was sought to upgrade the original ones to make them more robust. All is going well presently. Wi-Fi has been asked for.
Councillor M Balbirnie said the height barriers had now been fitted. It is now more secure. The Pond liner company were called back, as the liner is not doing very well and is badly worn already after only 18months.
13. ECC No report this month.
District Councillor Brown read out his report which is attached as an appendix to these minutes.
District Councillor Bray reported that the Local Plan was grinding on. The 5-year supply was holding; the Local Plan has 5.1 and the Planning Dept. have 6.2 for us. The developers are constantly hassling the Councillor regarding the site opposite the car boot site. Rogue parking firms have been brought by a Private Members bill supported by all and now taken up by the Government.
EALC e- bulletins
The up to date balances of the Councils funds were noted.
Cheques issued: £

Clacton Business Services 36.00
Eon (Jan) 126.98
SLCC/ALCC Subscriptions 145.00
Mrs G Loach ( Website and Domain Name) 100.00
Viking (Chairmans Diary) 6.08
EALC Arnold Baker Book 10th Ed. And New Cllr Books 70.80
Stow Forge – Car Park Barrier – Final payt 600.00
Silverton Aggregates 550.80
Bank Charges 13.85
The Finances were proposed by Councillor D Botterell and seconded by Councillor De Vaux Balbirnie, and all agreed.
The Chairman strongly stated to the two District Councillors that he wasn’t happy with the way things are going. That TDC were under pressure etc. He would like to see the Localism Minister being lobbied regarding the lack of funds. The MPs are putting rates up and the services are going down. Why can’t the authorities get together and complain in unison?
Councillor Smith-Daye reported that he had been approached by a member of the public regarding parking in London Road by the school. The same person also approached District Councillor Brown and they also mentioned the greensward and signage in the village. A letter should be sent to the school regarding the parking on the pavement and to request the back gate should be closed to discourage people parking in London Road.
Councillor De Vaux Balbirnie said that he had received two calls to thank us for cutting the hedge at Elm Road.
There being no other issues the Chairman closed the meeting at 9.20pm.
The next meeting will be held at the Youth and Community Centre at 7.30pm on Monday, 5h March 2018

Chairman 5th March 2018