MINUTES OF A ORDINARY MEETING OF THE PARISH COUNCIL HELD ON TUESDAY 15th December 2009 at Grove House, South Milford at 7.30pm
PRESENT: - Cllr’s Hobman, Jackson, Watson, Perrin, Coy
Apologies: Cllr’s Plummer, Roe, Reilly
Cllr’s Carol Mackman, John Mackman and Mike Jordan
2009/103 Councillor Resignation
Cllr Upton has resigned from the Parish Council. The Clerk has informed SDC.
2009/104 MINUTES
The minutes of the Ordinary Meeting of the Parish Council held on 17th November 2009 had been circulated along with the Notice of Meeting. Proposed Cllr Watson seconded Cllr Jackson – all agreed.
2009/105 Police update – PC Kevin Kelly
PC Kelly updated the PC with the recent burglaries in South Milford. The total was 6 since the beginning of September. 2 were dwellings and 4 others – shed’s etc. There have also been 10 incidents of vehicle crime which as been linked to the recent release of someone from prison in a nearby village. But this person has now returned to prison. There has also been a problem in this area with lamping; a recent operation saw the stopping and search of many vehicles and 21 arrests. Hopefully this will also die down.
At the moment the Community Policeman Dion is still bringing along the community vehicle for 1 hour stints. They are looking at changing this slightly. The PC will be informed.
A public order van will be working this area over the Christmas period. Leaflet drop as also been carried out about law and disorder.
PC Kelly is still looking at speeding in Lumby. Cllr Watson reported speeding on High Street; this is mostly in the summer months. Cllr Coy reported a vehicle speeding on Common Lane, this vehicle nearly knocked down 2 walkers’s and there dog. They did report this to the Police with part number plate but were told it could not be followed up. Clerk to contact NYCC about moving the 30 mph sign. This has never been moved since the development of the Barratt houses.
2009/106 NYCC update
Apologies were received from Cllr Jordan but information was passed on via Cllr Hobman
There has been a delay in the Sherburn Ward Transport Strategy so the consultation goes out in January.
Chased the A63 again with Zina and may report back on Monday.
Preferred bidder for new long term contract for handing waste in North Yorkshire will be announced in New Year
106 monies. I have put in a request to SDC and hope to hear back on Monday.
There is a new organisation called Canny who can help with small groups with a turnover less than £100k providing advice training and info, for such groups.
A Flood management officer is to be appointed in North Yorkshire in January.
NYCC Budget – all parishes will be written to on the emerging priorities with a view to inviting the parishes to area committee meetings in the New Year.
2009/107 Selby update – Not in attendance.
2009/108 Matters arising from previous meeting
Girl Guides – from October meeting - After discussion it was agreed that Cllr Roe would look at an idea where the Guides could say help around the village to earn a donation towards the cost of the trip….. Cllr Roe send an e-mail suggesting some ideas. Enlisting the Girl Guides in connection with the PFA, Fete Committee, Christmas lights, school and church – plus any others anyone can think of. The idea being that the various bodies identify 2 number projects each where the guides can help. These occasions should be within the various remits of the organisations and should include various committees’ attendance to direct works i.e. fete day cleaning up and setting up / church yard tidying / litter picking in the playing fields and quarry. Potentially Cllr Roe would suggest £100 donation to the Guides based on each event attended and completed. The cost can be met by the unspent lengthmans monies, with a potential further bonus for completing all 8. Clerk to speak to Girl Guides and Cllr Roe.
Xmas lights – The Clerk wrote to NYCC to ask if any work was to be done on the lamp post / lights on Low Street over the next four years and other than to replace the light near the Swan no other work to be done. Clerk to inform Tom Smith that he can commence with his program for upgrading the electrics.
2009/109 New Matters
Drop Kerbs – Cllr Hobman e-mail the map provided by Cllr Carol Mackman showing the suggested new dropped kerbs around the village. All the Councillors agreed that these were ok. Clerk to e-mail Cllr Carol Mackman to inform her.
40 mph both side of South Milford Roundabout – Clerk e-mail NYCC about the possibility of this. Awaiting answer.
Ferrybridge CHP Plant – A meeting was held in South Milford for the above and a presentation given by Scottish and Southern. Cllr’s Jackson, Coy and Hobman attended. They reported that the main concerns for the new plant were the 800 thousand tonnes of raw material each year that would be needed for the plant and would be transported by road. The concerns for this area were the emissions from the plant.
South Milford Web Space – After discussion it was agreed to go ahead with the renewal of the above. With regards to further development of the Web Page, Councillor’s referred to the previous meetings about this and agreed that unless Cllr Reilly had any ideas and time to development this, they would leave the web page as it is.
2009/110 Ongoing Matters
Flooding
Cllr Hobman had a meeting with the Consultant Alan Poyser and the PC has received a quotation for the initial work. This is £1,718 plus VAT. This was proposed by Cllr Watson and seconded Cllr Jackson all agreed.
b) A63 - see Cllr Jordan’s notes.
c) Minerals and Waste – No progress
d) Town Quarry
It was agreed that Cllr Coy to speak to John Cox about the way forward with this land. Please see information below supplied by Cllr Coy.
Legal Position
The former town quarry, which lays North of Westfield Lane on the South-Western boundary of South Milford, is not registered with the Land Registry which means there are no registered persons/bodies/or estates with either a paper legal or equitable right to the land.
The land is however registered with North Yorkshire County Council as Common land or as a Village Green – This needs clarification by contacting NYCC.
NYCC will have details on who registered the land, when this was done and what rights were secured by registration; these rights are protected no matter who is registered as the Freeholder.
There are 2 possible routes for the Parish Council to secure the Freehold to the land:
Possessory Title
This is the route that John Cox is currently proposing which will require a Statutory Declaration by one or multiple persons who can prove that the land has been within the Council’s control for at least 12 years - if we can establish 24 years of history we can apply for Absolute Freehold, rather than Possessory title. This could include maintaining the land at its expense, fencing the land off from others or directly occupying.
Somebody like Arthur Cawood would be in the best position to comment on the history of the land and the actions of the PC, which would require him to spend 30mins to an hour with John Cox going through his direct knowledge of the site providing key points and possibly evidence; PC minutes etc. Then John would write these comments up in a Legal format which Arthur would then have to execute as a true reflection of his comments for submission to the Land Registry.
My concern, which is shared by John, is that the Land Registry can be particularly stringent on the application of their rules and I have experienced a number of cases where applications for possessory title have been refused because the applicant did not exclude others from using the land, which is the case with this land. In deed NYCC would not have approved the registration on the Commons Register had the land been fenced off to exclude public use.
Compulsory Purchase
This is a very cumbersome but powerful tool whereby a Council can apply for legal ownership of land even if there is a registered owner. I have dealt with an application using Compulsory Purchase powers (often referred to as a CPO) similar to this situation where the land was not fenced off but was not claimed by the general public as recreational open space. By securing Freehold title Kirklees Council will now be able to develop the land for affordable housing. However the application of a CPO can be very costly and would have to be undertaken by SDC on our behalf as I doubt the PC has the legal powers to do so on its own. Even if the PC is able to secure a clean freehold I am not sure if this would negate the Commons Registration, which subject to further investigation could rule out any significant development of the site.
Summary
The land is registered as Common Land/Village Green, which secures rights to Commoners – most likely the residents of South Milford, to enjoy the land for Ad Hoc recreation, sports activities, possibly even grazing
Applying for Possessory title is relatively cheap but is not guaranteed success
CPO’ing the land would most likely require Selby District Council’s support, which would require a clear business case from the PC establishing the reasons why we want to pursue the CPO process to establish Freehold title for the PC.
Actions for PC (in order of priority/timing)
Contact NYCC to establish the timing, rights and person who applied for the Commons Registration along with the exact nature of the registration (Common land or Village Green) – RJC/John Cox
Establish what the PC/Community’s ambitions or development proposals for the land - SMPC
Put John Cox in contact with Arthur Cawood; or another person with at least 12 years of knowledge – BH/AR/RJC
Submit a Possessory/Absolute Title claim to the Land Registry – John Cox
After discussion it was agreed that Cllr Coy would seek a map of Town quarry either via SDC or buying an os map to find out the boundary of this land and check with NYCC further.
f) Standing Order
YLCA have confirmed again that the new ones are not out yet. They will send a copy as soon as available.
h) 106 monies – Clerk to contact SDC about claiming the 106 monies for purchase of land re Swancroft. Planning permission as now been granted.
2009/111 Update from other meetings.
Elmet Forum – none
Jag meeting – none
CIP’s – None – A notice was received available. Clerk e-mailed all Cllr’s and put notice on board.
SMPFC – Waiting for forecast – not received. Cllr Watson to speak to Laura Reilly about this for next meeting.
e) Swan Croft – Planning permission has now been received for this development. Jim Snowball is organising a meeting in January to discuss. Cllr Hobman to speak to Mr Cawood about an additional strip of land.
2009/112 Correspondence
Rekk youth Shelter - leaflet for SMPFA
SDC – Naming of new streets within the parish – Clerk to contact Mr Bramley to see if he as any ideas,
North Yorkshire Fire & Rescue authority – Summary of accounts 2008/09 and Corporate report 2009 to 2012
Selby District AVS – Tidings
SDC – Parish Requirements 2010/2011
Sherburn & Villagers CIP Group – Poster – applications for funding to Sherburn ad Village CIP group – notice put on board.
Selby Dial and District – Would like a donation. After discussion it was agreed to donate £100.00. Proposed Cllr Jackson seconded Cllr Watson.
South Milford Brownies – asking for a possibility donation for a trip to Sri Lanka 2010. It was agreed to donate £50.00 proposed Cllr Jackson seconded Cllr Watson.
2009/113 ACCOUNTS
Peter Watkinson Web space 71.29
A Rowling stipend 133.36
A Rowling stipend 350.00
Selby District & Dial Donation 100.00
South Milford Brownies Donation 50.00
Accounts - Proposed Cllr Watson seconded Cllr Coy
2009/114 Planning
Planning – SDC
Erection of two storey dwelling to the side and a single storey ext. to the front 39 Cawdel Way, South Milford. The PC’s only concerns are that materials must tie into both Cawdel Way properties and existing properties on Low Street. Also front access means that visitors parking may be required on Low Street, which is currently overloaded.
Permission Granted
Conversion of existing garage to dwelling Lumby Court Butts Lane, Lumby
Erection of a two storey ext a first floor ext above garage and a porch to the front 69A High Street, South Milford
Two Storey side ext and single storey rear ext 6 Smithy Lane, Ulleskelf, Tadcaster – No South Milford
2009/115 Date of next meeting.
The next Ordinary Meeting of the Parish Council will be held at Grove House, Sand Lane, South Milford on Tuesday 19th January 2010 at 7.30pm. The meeting closed at 9.15pm.