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Skeffling Parish Council

Agenda

 

For meeting to be held on 2nd November 2010

 

 1.   Minutes of meetings held on 5th October 2010

 2.   Matters arising

 3.   Declaration of Interest  -  The Parish Councils (Model Code of Conduct) order 2001.  To record any declarations of interest by any Member in respect of items on this agenda.

 4.   Wind Turbine

 5.   npower

 6.   Aerial at 7 West View, Chapel Lane, Skeffling

 7.   Precept - Discussion Only

 8.   Flood Defences

 9.   Correspondence

10.  Public Speaking

 

Skeffling Parish Council

Minutes

 

Minutes of Meeting held on 2nd November 2010

 

Those present:  Cllr. M. Turnbull, Chairman

Cllr. R. Newsam

Cllr. S. Rollinson

Cllr. L. Payne

Cllr. P. Payne

Cllr. J. Sizer

 

Apologies :       Cllr. J. F. Robinson

 

Members of the public:  1

 

Minutes of meeting held on 5th October

 

The minutes were accepted as an accurate record.

Proposed:   Cllr. L. Payne

Seconded:  Cllr. M. Turnbull

Vote:  carried unanimously

 

Matters Arising

Planning Application - Sun House, Chapel Lane, Skeffling

We have had a response to our letter to Alan Menzies, East Riding of Yorkshire Council, in which he states that Skeffling Parish Council have not responded to or commented on all the planning applications received from East Riding of Yorkshire Council.  In particular he quotes application ref: 07/03155/PLF 'where we have no record of having received a response from the Parish'. Investigations showed we received a letter dated 31st July 2007 stating:  'You wrote to me about the above application, and I confirm that your views were taken into consideration when the application was discussed’.  It was agreed the Clerk write to Mr. Menzies enclosing a copy of the letter from East Riding of Yorkshire Council.

 

Declaration of Interest

There were no declarations of interest.

 

Wind Turbine

The wind turbine is the responsibility of the Village Hall Committee.  When it was passed over to them by the Council, Cllr. M. Turnbull and Cllr. J. F. Robinson were co-opted onto the Village Hall Committee to represent the Council on matters related to the turbine.  Cllr. M. Turnbull has spoken to Cllr. J. F. Robinson regarding the efficiency of the turbine as it does not seem to be producing enough electricity.  Cllr. R. Newsam suggested we contact Eagle Power to find out why this is.  Cllr. M. Turnbull will contact Eagle Power and ask them to inspect the turbine and find out if there are any problems.

 

Npower

There has still been no response from Joanne Horton.  The Clerk will try contacting her again.

 

Aerial at 7 West View, Chapel Lane, Skeffling

Mr. Pat MacPhee of East Riding of Yorkshire Council has replied to our letter regarding the complaint from Mr. Atkinson about the siting of the aerial.  Mr. MacPhee repeated what he had told Mr. Atkinson that the photographs had been taken from different angles and it was difficult to see which of the aerials is the one in dispute.  It was agreed that further investigate be done by Skeffling Parish Council and a time-line be established to corroborate when the aerial was erected.

 

Precept

Balance sheets will be prepared and made available for the December meeting.  Costs to date can then be discussed before setting the precept for 2010/2011

 

Flood Defences

The Environment Agency raised and lowered the sluice gate two weeks ago.

 

Correspondence

Correspondence was for information only and put into the folder for circulation.

 

Public Speaking

There was no public speaking.

 

Meeting closed at 8.35pm

 

Date of next meeting:   7th December 2010

 

Skeffling Parish Council

Minutes

 

Minutes of Extraordinary Meeting held on Friday 19th November 2010

 

Those present:  Cllr. J. F. Robinson, Vice-Chairman

Cllr. R. Newsam

Cllr. S. Rollinson

Cllr. L. Payne

Cllr. P. Payne

Cllr. J. Sizer

 

Application Number:  DC/10/04726/VAR/EASTSE

Removal of conditions 12 and 13 (occupancy) of outline planning permission 09/01999/OUT At Land North of Sun House, Chapel Lane, Skeffling, East Riding of Yorkshire, HU12 0UR, For Mr Mike Turnbull - Application type:  Variation of Condition(s)

 

The meeting was called to discuss the above Planning Application.  Any comments the Parish Council wish to make must be with East Riding of Yorkshire Council by 2nd December.  As the next Parish Council meeting is on 7th December it was decided to hold an Extraordinary meeting for this one item.

 

The   meeting   was   chaired   by   Cllr.   J.  F.  Robinson,   Vice   Chairman,   as  the  Chairman,

Cllr. M. Turnbull, had an interest in the Planning Application and was excluded from the meeting.

 

Following a detailed discussion it was agreed that the Parish Council fully support the application to remove Clauses 12/13 (occupancy).

 

Proposed:   Cllr. J. Sizer

Seconded:  Cllr. P. Payne

Vote:  carried unanimously

 

Additional comments were added in support of the application.  These are as follows:-

 

ADDITIONAL COMMENTS

 

This application is to build an appropriate and modest house as infill on the one and only remaining plot in the Skeffling 'Development area', and as such, according to government guidelines, should not require any restrictive conditions.

 

The fact that the applicant wishes to build a house for his daughter who was born and bred in Skeffling, and therefore local and a nurse in the area to boot, should be seen as a huge bonus and not a reason to impose Conditions 12/13.

 

This application does not meet the '6 tests for conditions' as laid out in the government guidelines circular 11/95  'Use of Conditions in Planning Permission' (Crown copyright) the conditions are neither necessary nor relevant and are unreasonable and onerous.

 

Within these guidelines, Par: 35 & 36 are pertinent and make clear that:

 

Par. 35:   A condition is unreasonable if it is "unduly restrictive" and "effectively nullifies the benefit of the permission"

 

Par. 36:   A condition is onerous if it "would put a severe limitation on the freedom of the owners to dispose of their property, or would obviously make it difficult to finance the erection of the permitted building by borrowing or mortgage"

 

To Justify:

 

The applicant has received unequivocal statements from a number of mortgage companies that they would not be willing to offer finance with conditions 12/13 in place.

 

1. This  "effectively nullifies the benefit of the permission"  and is therefore unreasonable.

 

2. Clearly they  "would obviously make it difficult to finance the erection of the permitted building by borrowing or mortgage" The mortgage companies also pointed out that, as Conditions 12/13 are imposed 'ad infinitum'  they  "would put a severe limitation on the freedom of the owners to dispose of their property" they are therefore onerous.

 

Skeffling Parish Council believe these conditions should be removed, because by their restrictions they prevent the very purpose for which they were apparently intended and are, therefore, self-defeating.  They go against the guidelines and deny this local applicant, or any future local buyer, from raising the necessary finances.

 

Meeting closed at 7.45pm

 

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