1

Apologies for Absence

As listed above.

2

Declarations of Interest

None.

3

Minutes of the Last Parish Council Meeting

3.1

The minutes of the meeting held on 17^th October 2017 were unanimously agreed to be a true and accurate record.  The minutes were signed by the Chairman.

3.2

Matters arising

Air quality monitoring – Cllr Ansell gave a brief update.  Nitrous dioxide levels are showing as being much higher towards the end of a week.  Average levels are over 36-40 micrograms per cubic meter, which is very close to the limit of acceptable levels.  Cllr Ansell noted that lower temperatures tend to mean higher chemical levels.  Levels in Bramley are currently comparable to urban areas in London.  More data is required.

4

Open Forum

Cllr Durrant invited questions from the public.

• A resident asked about council tax – does it include refuse collection.  If so, why are travellers at Cufaude Lane having their bins emptied regularly – do they pay a contribution?  Cllr Robinson replied that they don’t pay for the service – he clarified that the BDBC policy is to clear rubbish immediately than leave it to stack up.  Collection is done at sites such as this as part of a community service.
• A resident asked why travellers at Cufaude lane appear to have utility supplies such as electricity and water.  Cllr Robinson stated that planning permission is not related to the supply of utilities.  Therefore BDBC have little control on whether utilities are installed.

5

Planning & Development

5.1

New Applications & report from Planning Committee - Cllr Flooks ran through the report from the Planning Committee meeting of 17^th November (appendix A).  The following matters arising were discussed by the full Council:

• 17/03745/ROC – Razors Farm Cufaude Lane Chineham

                Variation of Condition 1 and removal of condition 7 of                 15/02513/RES to remove the LEAP area from phase 1

                No objections unanimously agreed, provided there is no loss of                 overall amenities.  Cllr Tomblin noted that the lighting plan is                 missing important info missing.  Clerk to query.

• 16/04519/FUL – Upper Cufaude Farm

                The PC originally had no objections to the above planning                 application, subject to the view from English Heritage, who have                 come back with no objections. 

                The planning agent for the application has distributed a paper to                 councillors noting difficulties with Local Plan policy SS6 (e) and its                 intent to stop unacceptable development and damage to the                 countryside.  He has requested Bramley PC to consider submitting a                 statement to BDBC actively supporting the application.

                Whilst the Planning Committee unanimously voted to maintain the                 ‘no objections’ status, members felt that actively supporting the                 application would be inconsistent with the PC’s approach to other                 small scale developments outside the settlement boundary.                  Therefore, Planning Committee members recommended that the                 issue be considered by full Council. 

                After some discussion it was decided to uphold the Planning                 Committee decision unanimously.  Therefore, ‘no objections’ will                 still stand, but with no further statement from Bramley Parish                 Council.

Clerk

5.2

Approvals/Refusals/Pending (see appendix A) – these were noted.  

5.3

17/00936/FUL – Land North of Sherfield Road – UPDATE (see appendix A)

The Clerk noted that she has sent in Parish Council objections to the further amendments to this application.  There is no indication as yet of when a decision is likely.  The waste water model is to be in by the end of this week.  The Urban Officer has noted that site is cramped. 

5.4

15/02682/OUT – Land South of The Street (see appendix A)  - Cllr Durrant noted issues with street lighting – the development will be in an area where there is little street lighting at present.  This needs to be examined when the reserved matters planning application is submitted.

5.5

Update on Planning Enforcements

17/00206/ADV - Bramley Post Office Sherfield Road Bramley – the Clerk has chased the planning officer, with no response to date.  She will continue to chase.

17/00942/FUL - Land Adjacent To The Oaks Cufaude Lane Bramley – the Clerk has chased enforcement officer with regards to the status of this site.  She has received no response to date, and will continue to chase.

17/00449/RET - Land To The Rear Of 29 And 30 Farriers Close Bramley – the appeal for this application is still ongoing and is awaiting a visit to site the Inspectors.  The ward councillors have brought the issue up with BDBC Property Services, as there has been no approach from residents about purchasing land.

Councillors noted their dissatisfaction with the length of time taken by BDBC to deal with such issues.  Clerk to draft letter of complaint re BDBC enforcement issues.

Clerk

5.6

S.106 Allocation – a response has been received from BDBC officers, and a meeting will be set up shortly to discuss both specific and general issues with s.106 allocation.  This has been supported by a request for clarification from Cllr Rowland. 

6

Parish Environment

6.1

Unlawful  encampments update

• Campbell Court – this encampment has now been moved on and out of the Bramley area.
• Ordinance Road – this encampment has now been moved on, but has only gone as far as Bramley Green Road.
• Bramley Green Road - the encampment at the MOD site has moved back to Bramley Green Road.   An existing section 77 notice to quit was still in force at the time the encampment moved back in, and HCC are looking at prosecuting the residents at the encampment for this breach.  A second section 77 notice to quit was served, effective from 8^th November.  This has not been complied with, and HCC are taking legal action for this to be enforced – this will take two to three weeks.  The police have no power to act until the necessary legal proceedings have been undertaken, as the encampment is on what is technically the highway, and is therefore not covered by their powers under section 61 of the Criminal Justice and Public Order Act 1994. 

Cllr Durrant welcomed representatives from BDBC, HCC and Hampshire Police.    

Inspector Paul Pressley summarised current police protocol.  He noted that all incidents do cross his desk each day, and asked that all ASB incidents are reported via 101.  It is important that the police get as full a picture as possible of what is happening in the Parish. 

A resident noted that pony and traps are being raced in Cufaude Lane after dark – should this be reported?  Inspector Pressley confirmed that it should, each and every time such incidents occur. 

Legislation – Inspector Pressley noted the current legislation for unauthorised encampments, and noted that the police have different powers from landowners.  He made the following points:

• It must first be established who the landowner is, and whether the land is a highway or not. 
• The police cannot use police powers if the encampment is on a highway, as at Bramley Green Road. 
• To use police powers, one of three criteria must apply:
  • 6 or more vehicles at the site
  • Proven criminal damage
  • Threats or abuse towards the landowner or the landowners’ agent. 
• Landowners have to ask travellers to vacate the site.  

The Police will use powers where criteria exist. 

A resident asked if encampments can be moved on to specific sites.  Inspector Pressley noted difficulties in locating such pitches. 

Barry Jordan-Davis, the HCC Gypsy Liaison Officer , works closely with police.  His role covers all HCC land including Highways. He made the following points:

• Barry or one of his team will try to get to an encampment on the day it arrives and certainly within 48 hours. 
• As landowners, HCC have a duty to carry out health and welfare enquiries of the occupants.  Once these are completed satisfactorily, then a ‘notice to quit’ will be served. 
• Barry noted the need to stick to the letter of the law. 
• Once the ‘notice to quit’ is ignored, the issue is passed to legal services, and a court date is obtained.  This can take up to 10 working days and sometimes longer. 
• Once a court order is obtained the encampment can be moved on, after a summons to Court has been served.
• Experience shows that encampments tend to move on just before or on the day of a court hearing. 
• Travellers cannot be stopped from re-visiting a site completely.   A section 77 notice prevents return for three months, but as shown recently, this is often ignored.  If it is ignored, it then becomes a criminal offence.  This must go through the courts for prosecution.
• Even with a court prosecution, the maximum period preventing return is 6 months. 
• Section 77 – once breached, there is no police power attached to it allowing them to act, hence landowners need to go through court to prosecute. 
• Barry echoed Inspector Pressley’s statement on the importance of reporting all incidents to the relevant authority, including Police, Borough, County, and Highways. 

The following questions were asked:

• Is part of the Gypsy liaison role to educate travellers in getting on with their neighbours?  Barry confirmed that it is. 
• Can travellers be charged a fee for being on council land?  Barry stated that there is not a fee, and that such a fee would be very difficult to enforce. 
• Is it illegal to start a fire in the middle of a Highway?  Barry confirmed that it is an offence, but this must be balanced against the fact that there are often children on site, and the most that courts can do is levy a fine. 
• How should the clean-up operation be handled once an encampment moves on?  Fly tipping is enforced by BDC – Tom Payne noted that evidence needs to be in place to enforce fly tipping fines. 
• Can CCTV be used in vulnerable areas?  Inspector Pressely noted that the Police would not get authority for CCTV against fly tipping, although local authorities might. Tom Payne noted that this has not been successful to date. 

Cllr Durrant noted that not all ASB stems from the unauthorised encampments, which is why it is important to report all ASB via 101.  If it isn’t logged, then police cannot do anything.  Incidents can also be reported via email to This email address is being protected from spambots. You need JavaScript enabled to view it..  Residents noted that 101 are not always reliable. 

Cllr Durrant recorded his thanks to the Police, Barry Jordan-Davis and Tom Payne for their input to the meeting.

Bramley Green Road – Cllr Durrant noted that a gate was installed at this site, but did not have an adequate locking mechanism.  Once the encampment is moved on a new lock will be installed, and other temporary defences will be installed until something more permanent can be put in place. 

Cllr Durrant stated that Bramley Parish Council has no jurisdiction to act unless an encampment is on PC land.  However, the PC has and will continue to consolidate resident complaints and liaise with relevant authorities to get such issues resolved. 

Cllr Bell noted that Parish Council expenditure on protection, legal expenses, etc on this issue been in excess of £12K so far this year.   

6.2

Fencing at Yew Tree Close

Cllr Durrant stated that the cut-through at this location has been a source of issues for some time now.  The following measures have been agreed with BDBC:

• The playground will be removed, as the equipment is not up to modern safety specifications and there are many other good play areas in the area. 
• Old foliage is being removed, and other landscaping is being carried out. 
• The cut-through is being temporary closed off, with a view to making it permanent. 

Hopefully, these measures will help alleviate ASB incidents in the area.  Cllr Durrant noted that BDBC are working closely with the Parish Council on the issue. 

6.3

Parish Lengthsman update – issues with fallen leaves on pavements in the Parish have been highlighted.  The Parish Lengthsman will be clearing the pavement on Sherfield Road, between Bramley Green Road and Campbell Road, at some point this week.  He has investigated hiring a pavement sweeper for a day; the cost of this would be £140+VAT for delivery, £180+VAT per day for hire, and then fuel costs would be additional.  It has been suggested that the cost could be split across several councils if others councils feel the service would be useful.   Clerk to take forward.

Clerk

7

Clerk’s report & Administration

7.1

IT Project update (see appendix B)

Cllr Ansell noted the HALC Parish Council of the Year 2017, which has been given to Bramley as a result of its work on the IT project.

He is hoping for full recommendations for the December meeting. 

Cllr Ansell

7.2

Update on defibrillators – the Clerk reported that a defibrillator was due to be installed at the One Stop shop last weekend.  The defibrillator at the Village Hall will be installed as soon as the electrician can be organised.  Finally, Bramley now has a Community Responder based in the village.

7.3

Budget – current year review and next year planning – the Clerk has distributed a draft budget to Councillors.  She noted that items such as the installation of the air quality monitoring system and expenditure on the IT project were not in last year’s budget, so it looks as though the PC’s spend will be above that anticipated for this year.  However, as the PC’s reserves are healthy at present, this is not an issue. 

The projected budget for next year is still very much a draft – a final decision on this will need to be made by the January meeting at the latest. 

8

Reports

8.1

Reports from Parish Council representatives

a.

Allotments and Burial Ground – see appendix B. 

Tree work at allotments –Cllr Ansell noted that the application has been modified by the BDBC Tree Officer, which will incur a little more expenditure. 

b.

Village Hall Trust –see appendix B

Cllr Durrant noted plans to expand the Village Hall, and asked Council to consider its’ position as landowners of the site.  He noted that some essential work does need to be carried out on the facilities. 

c.

Clift Meadow Trust - Cllr Capel gave a verbal report:

New gates to be installed this week.  A footpath will be put in around the gate. 

         i.            Security at Clift Meadow – quotes have been received for security cameras in the Clift Meadow car park.  The scheme has been agreed by CMT and via email by the Parish Council.  The cost of the CCTV system will be £5,760+VAT – this will include 2 cameras and recording equipment, and an onsite monitor to view images.  Cllr Durrant proposed the expenditure, Cllr Flooks seconded, unanimously agreed.  Cllr Durrant and Clerk to take forward.

Cllr Durrant /Clerk

d.

Education & Schools – no report. 

e.

Police & Neighbourhood Watch – see appendix B.

f.

Highways/Footpaths – see appendix B.

         i.            Footpaths leaflet – Cllr Ansell noted the footpaths leaflet, which needs to be printed and also placed on the website.  It needs a new foreword – Cllr Durrant to write. 

Cllr Durrant

g.

Road Safety Project – see appendix B. 

h.

Community Speedwatch

         i.            Review of pilot and next steps - The CSW group are actively seeking funding from various sources going forward, and have asked whether the Parish Council would be prepared to consider continuing its existing support for the group, or whether it would be willing to consider a grant towards the cost of buying a Speed Indicator Device.  Cllr Vaughan noted that the CSW scheme should apply for a County Councillors grant – he will match a grant made by the PC.  

It was unanimously agreed to give a grant of £1000 to the CSW team. 

Cllr Bell requested an update for the website – Lesley Kelly to supply. 

8.2

Borough Councillor Report - Cllr Robinson gave a verbal report:

• Issues re deployment of political assistants at borough – proposal to redeploy assistants is being opposed by some groups. 

Cllr Ansell noted BDBC proposals for future Parish Council elections to be paid for by the parishes.  This is causing some controversy in the parishes. 

8.3

County Councillor report - Cllr Vaughan gave the following verbal report:

• He noted his written briefing note on the HCC financial strategy. 
• He noted the recent death of Ken Thorburn.  Ken was recently made and Alderman of the County, along with Keith Chapman.
• ‘Cut your engines’ signs will be up by mid-December.

8.4

Chairman’s report

         i.            Parish Council newsletter – Cllr Durrant noted his disappointment in the lack of volunteers for newsletter articles.  The newsletter will now not go out before Christmas – will try again in the New Year. 

       ii.            Cllr Ansell suggested an article for the Parish magazine – Cllr Ansell to write. 

Cllr Ansell

9

Consultation documents requiring consideration

9.1

BDBC Statement of Community Involvement – this consultation was discussed briefly at the Planning Committee meeting.  Cllr Tomblin has read through the consultation and made the following comments:

Section 5.6 Neighbourhood plans.

This document has lengthy descriptions of how BDBC will support the construction of a NDP with advice and organisational initiatives. However there is no comment on the weight that an NDP will have in the planning determination phase given that the document states that an NDP is an “alternative (to a Local Plan) means of developing polices at a local level “.

Section 5.15 Face-To Face engagement

Methods: - Exhibitions, group meetings. No discussion around feedback and how those involved can examine findings and confirmation that their comments were logged – and BDBC view on those points raised.

Section 6.21 Planning application determination

“There is an opportunity for parties to present their representation to Members at the DC meeting” 

This is limited to all objectors sharing 4 mins – this is very restrictive and surely contrary to the spirit of consultation & involvement? It could be better managed.

It was unanimously agreed that these comments should be submitted to BDBC.  Clerk to action.

Clerk

10

Grant Applications

10.1

Bramley Village Hall Trustees – fire doors installation

The Clerk has distributed details of this grant request – £1520 for the installation of new fire doors.  This will bring the fire doors in the hall up to current safety standards.  Cllr Durrant proposed the motion and Cllr DiMascio seconded.  Unanimously agreed.  Clerk to process.

Clerk

11

Finance

11.1

Payments and reconciliation approval (see appendix C)

The Clerk noted the payments on the reconciliation, with particular reference to the following:

• Payment of a donation of £100 to the Royal British Legion was agreed by email and now needs to be ratified.  This was unanimously agreed.
• Payment is due for CiLCA training for the Clerk.  She confirmed that she is now booked onto the mentoring sessions in the New Year, and that payment will be due for these in January.
• A deposit is due for the headstone work agreed in October.
• Invoices have been received for emergency plumbing work at Clift Meadow, and for door repair for the Pavilion.  Payment of these was unanimously agreed.
• All other payments are as expected.

It was unanimously agreed to approve the payments for November – Clerk to process.

Clerk

11.2

Acknowledgement of Receipts – (see appendix B)

Receipts were noted.  The Clerk noted that the VAT claim submitted in October has now been received. 

12

Date of Next meeting

The next meeting will be held on Tuesday 12^th December 2017. 

13

Resolution to exclude press and public from items that may require discussion of possible legal and financial proceedings 

14

Confidential Items

None

The meeting closed at 9.43pm

 Draft Minutes of the Meeting of the Planning Committee

Date:

Wednesday 15^th November 2017

Time:

7.30pm

Place:

Bramley Room, Bramley Village Hall

Present:

Cllr Flooks (Chair)

Cllr Tomblin

Cllr Bell

Cllr DiMascio

In Attendance:

Maxta Thomas (Clerk)

1 members of the public

Apologies:

Cllr Venetia Rowland (Borough)

Cllr Nick Robinson (Borough)

1

Apologies for Absence

As listed above.

2

Declarations of Interest

None.

3

Minutes of the last Planning Committee Meeting

3.1

The minutes of the meeting held on 13^th September 2017 were unanimously agreed to be a true and accurate record.  The minutes were signed by the Chairman.

3.2

Matters arising – Cllr Tomblin noted that builders are starting work on site at Razors Farm earlier in the morning than they should.  He has raised the issue with BDBC. 

4

Planning Applications

4.1

New Applications

1. T/00447/17/TPO - 7 Oakmead Bramley

T1 Oak: reduce limbs that encroach over property (conservatory) by 1.5-2m back to good growth points

Councillors felt that there was not enough information to make an informed decision.  Clerk to enquire if the tree is endangering the property, and also if it is diseased.  Clerk also to point out that the NP highlights various trees as being part of the vista in the village. 

2. 17/03717/VLA - The Lodge Cufaude Courtyard Cufaude Lane Bramley

Discharge of legal agreement to remove the tie which restricts the garages/store approved under BDB/54128 being used and/or sold as a separate unit of accommodation

No comments unanimously agreed.  Clerk to process.

3. 17/03624/LDEU - The Lodge Cufaude Courtyard Cufaude Lane Bramley

Application for Certificate of Lawfulness for the continued use of The Lodge as a single dwelling house (Use Class C3)

No comments unanimously agreed.

4. 17/03248/RES - Little Bowlings Goddards Lane Sherfield-on-Loddon

Reserved matters application for details of access, appearance, landscape, layout and scale, pursuant to outline planning permission 15/01460/OUT, for the erection of 4 no. 5 bed dwellings, office building and new access

It was unanimously agreed to fully support comments made by Sherfield on Loddon Parish Council, and by the BDBC Principal Conservation Officer.  Clerk to process.

5. Other new applications

17/03692/HSE - 5 German Road Bramley

Conversion of half of garage to additional living space

Objections based on loss of parking to the area unanimously agreed.  Clerk to process.

17/03745/ROC - Razors Farm Cufaude Lane Chineham

Variation of condition 1 and removal of condition 7 of 15/02513/RES to remove the LEAP area from phase 1

To be considered at full council when more documentation available. 

17/03725/HSE - 1 The Maltings Bramley

Conversion of garage to living accommodation

No objections, but comment that parking spaces should be carefully considered.  Unanimously agreed.  Clerk to process.

T/00472/17/TCA - Malden House The Street Bramley

1 Scots pine: fell

1 Spruce: fell

No objections unanimously agreed.  Clerk to process.

Clerk

Clerk

Clerk

Clerk

Clerk

Clerk

Clerk

4.2

Approvals/Refusals/Pending – these were noted.   See appendix A. 

4.3

Update on Land North of Sherfield Road (17/00936/FUL) – the review on waste water in the Parish is awaited from Thames Water.  The Parish Council have requested that the BDBC planning officer does not make a decision until the review is complete at the end of November.  The planning officer has contacted Thames Water to find out if they have any reason to delay any decision.  Cllr Bell to take forward.

Cllr Bell has put in a personal objection to amendments. 

Clerk to submit PC objections to BDBC.

Clerk

4.4

Update on Land South of The Street (15/02682/OUT – the Parish Council have met with representatives of Taylor Wimpey regarding the application.  The developer seems keen to work within the framework set out in the Neighbourhood Plan, and took on board various comments and suggestions made by the PC, particularly with reference to the appearance of houses.

Cllr Flooks noted a letter from a resident – Clerk to respond as per Cllr Flook’s written draft response.  Unanimously agreed.

Clerk to ask developers for report on the public session on earlier in the week. 

Clerk

Clerk

4.5

Local Plan housing policy in relation to Upper Cufaude Farm (16/04519/FUL) – the Parish Council originally had no objections, subject to the view from English Heritage, who have come back with no objections.

The planning agent for the application, Edward Dawson, explained that they have hit difficulties with Local Plan policy SS6 (e) and its intent to stop unacceptable development and damage to the countryside.  He asked whether the Parish Council would be willing to consider submitting a statement to BDBC in support of the application.

Councillors noted issues with consistency with other small scale developments outside the settlement boundary.  Mr Dawson noted that each application should be judged on its own merits.  He does not believe that such a statement would be setting a precedent. 

It was unanimously agreed that ‘no objections’ should still stand, but that an active statement of support is unlikely to be agreed when amended plans are submitted.    The issue was recommended to full council for a final decision. 

Amended plans will be submitted by the agent to BDBC. 

Clerk

5

Update on Planning Enforcements

5.1

17/00206/ADV - Bramley Post Office Sherfield Road

Display of 1 no. externally illuminated Fascia Sign and 3 no. window graphics

The Clerk has again chased this issue with the planning officer, but has received no reply.  She will continue to chase.

Clerk

5.2

 17/00942/FUL - Land Adjacent To The Oaks Cufaude Lane

Change of use of site as a private gypsy site for one family comprising a mobile home, utility room and touring caravan

The Clerk has again chased this issue with the enforcement officer at BDBC, but has received no reply as the officer in question is on leave until next week.  She will chase for a response for the PC meeting on 21^st November. 

Clerk

5.3

17/00449/RET – 29 -30 Farriers Close, Bramley

Change of use of open space land to land within residential land (Retrospective)

The appeal for this application is still ongoing and is awaiting a visit to site by the Inspectors. 

6

Minchens Lane issues

6.1

Completion of s.106 obligations – Persimmon and BDBC are currently trying to establish exactly who is responsible for carrying out the Clift Meadow car park improvements – the issue is currently with BDBC for a decision.  Persimmon has stated that they are happy to do the work on behalf of BDBC if necessary. 

It also appears that work on the Clift Surgery car park will begin soon, although this needs to be checked.

Clerk to investigate legal redress re slippage of s.106 obligations. 

Cllr Flooks to draft an email/letter to Sue Tarvit and Jon Bishop for an update on s.106 tasks.

Clerk

 Cllr Flooks

6.2

Highways issues – Concerns have been raised with Highways and Persimmon about the quality of finish on the recent highway work at Minchens Lane, and also about the junction into the new development.

Responses from planning officers and Highways would indicate that work on the road has not been completed as yet – engineers had delays over the summer which meant the work could not be completed.

7

Consultations

7.1

Draft Statement of Community Involvement

This consultation from BDBC deals with community engagement with regards to planning consultations.

Link on website.

Cllr Tomblin to read through and recommend a response. 

Cllr Tomblin

8

Date of Next Meeting

The next meeting is scheduled for Wednesday 6^th December.