MINUTES OF THE MEETING OF BISHOP'S CASTLE TOWN COUNCIL, HELD IN THE TOWN HALL ON TUESDAY 20TH AUGUST 2002 AT 8.00PM

PRESENT: Councillor J.M. Carroll, Deputy Mayor, in the Chair.
Councillors: J.L.V. Blundell, C. Kinmond, E.A. Lawrence, G.N. St J. Penney, J.A.J. Whittall and R.D. Wright.

1. APOLOGIES FOR ABSENCE: Apologies received from The Mayor and Cllrs Bedell, Magill and Morris.

2. DECLARATIONS OF INTEREST:

Cllr Carroll declared a personal interest on items 6.b and 11.
Cllr Kinmond declared a personal interest on item 6.b

3. MINUTES OF COUNCIL MEETINGS HELD ON 23RD JULY AND 6TH AUGUST 2002:

Minutes of the Council meetings held on Tuesday 23rd July 2002 and Tuesday 6th August 2002, having been circulated were proposed as a true record by Cllr Blundell, seconded by Cllr Dr Penney, approved and signed by The Deputy Mayor.

4. MATTERS ARISING:

Item 10: Letter read from B.C. Civic Society to S.C.C. objecting to the siting of a Commercial Waste Transfer Station in Bishop's Castle. Letter read from Mr A. Cooper acknowleding the Council's objections. All comments received will be considered and changes may be made to the Plan reflecting these comments. A revised version of the Plan the 'Second Deposit Draft' will be published in Spring 2003 for a period of 6 weeks during which it will be available for inspection.

5. MEMBERS OF THE PUBLIC WISHING TO SPEAK: Mr and Mrs L. Stanley and Mrs C. Kinmond.

Mr L. Stanley raised four points: 1) His tenant at Simpson's Shop had been asked by a Councillor not to put goods for sale on the pavement, is this correct as many businesses in the Town have items on the pavement outside their premises? Cllr Blundell pointed out that it is an offence to obstruct the pavement and proposed that this matter is investigated and put on the Agenda for the next meeting, seconded by Cllr Wright and approved. 2) The tenants at Market Steps have been asked to pay rent for putting goods outside their door - why is this? 3) In the past a meeting has been requested with the Council to discuss various matters concerning the Town Hall but to date no meeting has ever been arranged. Mr Stanley was advised that any plans or proposals for the Town Hall would be a matter of public interest and there will be the opportunity to consider them, probably by way of a public meeting. 4) The drains in The Square need attention. Cllr Dr Penney reported that he has dealt with this matter recently.

Mrs C. Kinmond is very concerned about the fast and dangerous driving around the streets, particularly down Castle Street which is very narrow. This matter has been reported to the Police on numerous occasions together with registration numbers of vehicles yet nothing appears to have been done. Bishop's Castle residents do not want to have a fatal accident before any action is taken.

6. TOWN & COUNTRY PLANNING ACT:

a) 1/02/13657/F & 1/02/13658/LB Planning Permission (full) and Listed Building Consent. Conversion of storage building to a dwelling and garage. (delegated matter) The Barn, Chapel Yard, Bishop's Castle. Mr and Mrs Lewis. Cllr Blundell proposed No Objection, seconded by Cllr Whittall and approved.

b) 1/02/13536/F Planning Permission (full) for erection of a dwelling (re-advertised - revised scheme) (delegated matter). Plot to the rear of the Old Brick Guest House, Church Street, Bishop's Castle. Mr P. Hutton. Cllr Kinmond and the Deputy Mayor, having declared personal interests left the room and Cllr Dr Penney took the Chair. Letters of objection have been received from Coppall Paddock Ltd., Mr B. Dodd, Miss D. Shekleton, Mrs P. Thomson, Mr and Mrs C. Rogers and Mr and Mrs P. Williams. Cllr Wright proposed that although the design of the house has changed it is still too large for the site and the objections raised to the previous application should be repeated, seconded by Cllr Blundell and approved.

c) 1/02/13655/O Outline Planning Permission for erection of a dwelling for use as holiday accommodation. (delegated matter) Hollenbough, Church Lane, Bishop's Castle. Mr and Mrs B.L. Jones. Cllr Blundell proposed No Objection to this application, providing as holiday accommodation it remains empty for a set time each year. However, there was concern that positioned where it was there would be opportunity to build more dwellings at a later date. Cllr Wright pointed out that this application is for building on land not zoned for housing and proposed the Council should object on the grounds that the dwelling would be out-side the building line, seconded by Cllr Lawrence and approved.

d) 1/02/13703/LB Listed Building Consent. Alterations to dwelling (amended scheme) (delegated matter) 58 Church Street, Bishop's Castle. Mr J. Greig. Cllr Blundell proposed No Objection, seconded by Cllr Whittall and approved.

e) 1/02/13697/F Planning Permission (full) for change of use retail A1 to (additional) residential accommodation C3 (delegated matter). 1 Corporation Street, Bishop's Castle. Mrs T.G. Bengry. Although it was felt unfortunate that the Town is losing this shop Cllr Whittall proposed No Objection, seconded by Cllr Blundell.

f) No other Planning Applications received.

Notification of Appeal: 1/02/13347/F Erection of a dwelling, land to the rear of Shirland House, Church Street, Bishop's Castle. If the Council wish to withdraw, modify or add to earlier comments correspondence should be sent to the Department of Environment. It was proposed by Cllr Dr Penney that since our objections were made it has been drawn to the Council's attention that the water table in this area is only 4' below the ground and if this three storey dwelling, which has one floor below ground is permitted, it is very likely that the developers will encounter problems when excavating which will result in the finished building being even higher than planned. Seconded by Cllr Blundell and approved.

Notification of Appeal: 1/02/13307/F Erection of a domestic garage on land to the rear of Hall Villa, Bishop's Castle. No further comment to make.

Tree Preservation Order: Confirmation of Order made on 29th May 2002, for tree off Union Street. This means that it constitutes a criminal offence punishable in the Magistrates Court to cut down, top or lop the tree without consent from SSDC.

g) The following Planning Reports have been received since the last meeting:

1) 1/02/13511/F Planning Permission granted and 1/02/13512/LB Listed Building Consent granted for change of use commercial B1 to residential C3 and alterations to fenestration. 38 High Street, Bishop's Castle. Mr S.P. Egan.

2) 1/02/13525/TC Notice of withdrawal of application for felling of an Elm tree. 7 Copall Paddock, Bishop's Castle. Miss D. Shekleton.

3) 1/02/13338/F Planning Permission granted for change of use of former factory (part) to offices and ancillary accommodation and construction of an external fire escape. Enterprise House, Station Street, Bishop's Castle. Bishop's Castle & District Lifeline Co Ltd.

h) Mr Caird has advised that there are changes to the timetable for processing planning applications w.e.f. June. Government regulations require 5 clear working days, rather than 3 at present, between publication of Committee agendas and reports and the meeting at which they are considered. Committee papers must now be published on Tuesdays rather than Thursdays. It is therefore necessary to amend publication dates for applications so that the period for representations starts on a Wednesday and finishes on a Tuesday. Cllr Wright proposed this matter is kept under review for a while, but meanwhile enquiries should be made from the SAPTC whether we can change the Town Council meetings or whether we have to wait for the next Annual Meeting. The Clerk to ask SSDC if comments made on a Tuesday evening can be faxed through on a Wednesday, seconded by Cllr Blundell and approved.

7. DANGER FOR PEDESTRIANS:

Letter read from Mrs P. Hallworth regarding speeding traffic and the lack of pavement in Bull Lane. Councillors agreed entirely with the points raised in this letter and felt that The Wintles development will increase both traffic and pedestrians. The Council have for many years requested a pavement on Castle Green and Cllr Carroll proposed that a letter is sent to Mr R. Drummond repeating this request and this is an item for debate at the Community Forum, seconded by Cllr Wright and approved.
ACTION TOWN CLERK

Cllr Dr Penney also raised dangers for pedestrians outside Number 8 High Street, where a request for an additional bollard was made last January and outside 17 Market Square where vehicles park so close to the house that pedestrian can only pass by leaving the pavement and walking in the road and the view of drivers on this junction is seriously obstructed. Cllr Wright proposed that the Council repeats the request for a bollard outside No 8 High Street and requests 2 bollards out-side 17 Market Square, seconded by Cllr Dr Penney and approved. ACTION TOWN CLERK

Mrs Kinmond had raised the matter of fast and dangerous driving around the streets, particularly Castle Street, Bull Lane, Salop Street and Station Street. This dangerous practice together with registration numbers has been reported to The Police by the Council and many residents over recent months and Cllr Blundell proposed that a further letter is sent requesting an unmarked police vehicle is sent to monitor this, seconded by Cllr Dr Penney and approved. ACTION TOWN CLERK

8. FOOTPATHS:

Footpaths in Oak Meadow and Bowling Green Close are currently grass and need to be hard-surfaced. Cllr Carroll reported that she and Mr J. Smythe of the Bishop's Castle Cycling Group have arranged to meet Shropshire County Council in September with a view to seeking funding to meet the cost. The footpath at the back of Bowling Green Close down to Church Bank has previously been hard-cored with scalpings and it was proposed that estimates are obtained for surfacing this with tarmac.
ACTION TOWN CLERK

9. VITAL VILLAGES:

The Clerk informed the Council that a grant of £2,498.52 had been received from The Countryside Agency. Cllr Carroll advised that a meeting of the Steering Group had been held recently to which C. Murphy and S. Cooper had been invited to give advice to the Group.

10. PLAYING FIELD:

a) Firework Event: Zurich Municipal are not able to quote for the cost of insuring a Firework Event until a completed proposal form has been received. This has arrived today and has been passed to Cllr Whittall for completion. It is hoped that a figure can be obtained for the next meeting.

b) Doorstep Green Application: Ms C. Murphy and Mrs H. Carty came to the meeting to up-date the Council on recent progress made by The Friends of the Playing Field. This Group, with the help of Cath Murphy of the Shropshire Hills Countryside Unit, has been successful in obtaining funding of £4,500 through the Doorstep Green project towards an estimated £6,500 to arrange a public consultation exercise over future plans for the Playing Field. A meeting will be held on Tuesday 4th September to form a Steering Group, with a view of organising the consultation during the Winter and Spring, to be completed by July 2003. They are particularly keen to involve the youth in this consultation exercise. At a future date it may be necessary for the Council to discuss with the Group a Partnership Agreement. There will now be some local fund raising and an application has been made to Shell Better Britain. If the Town Council would like to make a contribution it would be very much appreciated.

c) Trees: Mr and Mrs Hird have donated 4 ash and 4 oak whips to be planted this Autumn, and suggestions for suitable sites were requested. They do not necessarily have to be planted on the Playing Field and Cllr Wright proposed the Clerk contacts the Shropshire Journal and asks residents for suggestions about suitable planting areas, seconded by Cllr Blundell and approved. Cllr Dr Penney advised the Council that Mr R. Mold of Kempton has 3 tree cages that the Council can have.
ACTION TOWN CLERK
d) Grass and weeds on bank: The grass and weeds have been strimmed back and Cllr Whittall and the Clerk met Sodexho and it was agreed that the bank does have a number of stones on it, Sodexho agreed to treat the area with week killer after which Cllrs Whittall and Blundell said they would organise the stones to be picked up. It needs to be considered whether the bank should be grassed over before next year, although it was recognised that after the consultation by 'The Friends' Group, there may be other plans for this area.

e) Signs: Cllr Whittall proposed that there should be a sign at each entrance informing visitors who is responsible for the area and who to contact regarding problems, seconded by Cllr Kinmond. Cllr Whittall to consider wording and will make suggestions at next meeting.

11. TOWN HALL:

Porch: The Deputy Mayor explained that she had contacted two Solicitors for advice about the matter of the Town Hall frontage and the Council's concern about the porch built over Town Council land over the entrance to 2 Market Steps. A pedestrian right of way already exists over this land to the door, but nevertheless both Solicitors recommend that the matter is regularised. This can be done in a number of ways, but the best option would appear to be the Town Council agreeing to grant an 'easment', which requires a legal document to be drawn up, with either an annual payment or a one off lump sum payment. Any expenses involved in drawing up the Agreement should be met by Mr and Mrs Stanley. An independant valuation could be obtained if this was felt to be in the best interest of both parties. Planning Permission/Listed Building Consent has not been obtained, so currently there is no planning approval for the porch, which is on a Listed Building in the Conservation Area.

Cllr Dr Penney reported he had contacted the Legal Department at SSDC and been advised that if the porch is allowed to remain for 12 years or more the owner could obtain possession of the land underneath the porch so the Council should take appropriate action to avoid such a situation. Cllr Blundell would like this to be settled amicably without resorting to any sort of Legal action which is always expensive and long winded and proposed that the Town Council grants an easment as suggested by the Deputy Mayor and appoints a Solicitor to draw up the necessary Agreement, with Mr and Mrs Stanley meeting any cost involved. The Mayor and Deputy to have an informal discussion with Mr and Mrs Stanley about an appropriate fee and report back to the next meeting, for any decision to be ratified. Seconded by Cllr Wright and approved. ACTION MAYOR AND DEPUTY

Mr and Mrs J. Morgan: The Clerk as instructed had requested a payment from Mr and Mrs Morgan for putting their goods outside the door of 2 Market Steps. However they were not agreeable to paying, as they have a pedestrian right of way anyway and only put out a small number of pots and flowers, which enhances the frontage. They also sweep and general care for the area and feel it is regretable that the Council are imposing a charge. The Deputy Mayor when speaking to the Solicitors about the other matter also raised this and was advised that as the goods are only there when the shop is open there should be no worry about any claim over the land, but to avoid any misunderstanding in the future a letter should be sent advising that they are not gaining any legal rights over the land by placing their goods on it. This would need to be repeated should there be a change of tenant.
ACTION TOWN CLERK

On days of Fairs or Festivals should Mrs Latchford not be using the area, Mr and Mrs Morgan will be happy to rent it at the current market rate.

Mr R. Davies: Mr Davies also places his goods on the area of land opposite his shop and has done for many years. Although it is recognised that he sweeps the area, waters the hanging baskets and is on the rota for winding the clock, in order to keep matters fair then Cllr Blundell proposed Mr Davies should also have the same letter as Mr and Mrs Morgan, seconded by Cllr Whittall and approved 4 votes to 2 votes against.

Handrail: Several people have raised with the Clerk the difficulty some people have in getting up the steps to the Town Hall since the handrail has been damaged and removed. It was recognised that a replacement may be in the plans currently being prepared, but as this may not be some time Cllr Dr Penney proposed a handrail is put up as soon as can be arranged, seconded by Cllr Blundell and approved. ACTION TOWN CLERK

Funding: Letter read from Wheatley & Lines Architects enquiring about progress of "pump priming" funding. No charge has been made for work carried out to date, but considerable time has been spent preparing a detailed survey. Letter also read from Anne-Marie Jackson confirming E.S.W.S. quotes for completing a full application for Objective 2 funding and Heritage Lottery Funding for the Town Hall. These quotes are on the basis that Council representatives will be supplying the necessary data in relation to the works and its outputs. Cllr Dr Penney proposed that the Town Hall Committee meets with Mr Wheatley and Mrs Jackson before the next Council meeting, seconded by Cllr Blundell and approved.
ACTION TOWNCLERK - DATE OF MEETING TO BE ARRANGED
Cllr Lawrence said that Anthea Addis of the Community Council may be able to offer advice regarding funding for the initial feasibility study by Wheatley Lines. Mr C. Richards, Conservation Officer had suggested to Cllr Dr Penney that the Council should request an upgrading from a Grade II* and the Mayor had asked the Clerk to send a letter to The Department of Media, Culture and Sport this effect.

12. SEVERN TRENT WATER - PROGRESS REPORT OF DRAINAGE INVESTIGATIONS

Letter read from Mr P. Gelder advising that a Feasibility Study into a scheme to alleviate flooding in Church Street is continuing and should be completed by the end of the year. Severn Trent will then be in a position to advise us about the results of the research.

13. ACCOUNTS:

Cllr Blundell proposed these accounts be paid, with the exception of one invoice from Links Electrical, which should be held back until all the parts have been received, seconded by Cllr Whittall and approved.

14. ANNUAL AUDIT:

The Audit Commission have approved the appointment of Winross Hacker Young as external auditors to Bishop's Castle Town Council for the next four years.

Winross Hacker Young have given notice that the Annual Audit will take place on 26th September 2002 and a Notice giving details will be put on the Town Hall Notice Board. Any Local Government Elector and their representatives have the opportunity to inspect all documents relating to the accounts for year ending 31st March 2002 between 20th August and 3rd September 2002. On the 26th September Local Government Electors and their representatives have the right to attend before the auditor and make objections to and question the auditor about these accounts. Written notice of an objection must first be given to the auditor with a copy sent to the Town Council. The Audit is being conducted under the provision of the Audit Commission Act 1998, the Accounts and Audit Regulations 1996 and the Code of Audit Practice. Under the new 'lighter touch' regime an internal auditor needs to be appointed, who is independent of the Council. Cllr Dr Penney proposed that The Clerk contacts Sykes & Co and Clive Sawyer and whoever is able to offer the best service should be appointed, seconded by Cllr Blundell and approved. ACTION TOWN CLERK

15. REPORT OF RECENT MEETINGS ATTENDED BY COUNCIL REPRESENTATIVES:

The Joint Leaders of the SSDC, Cllrs H. Kidd and M. Williams and the Chief Executive met The Mayor, Deputy and Town Clerk on 26th July to have an informal discussion about local matters. On the list were dog fouling, car park behind Stars shop, Footpaths and the bike track. Brief notes were taken and it was proposed these are circulated to Councillors. It is proposed to meet again in this way twice a year, with the next meeting in January.

16. CORRESPONDENCE:.

a) Mr and Mrs D. Preshous, SWSAHS: An exhibition is planned for the Michaelmas Fair week-end on the theme of 'Our Town - Bishop's Castle'. There are a number of items in the Town Hall that would be of interest and the Town Council are asked if they would be willing to let them be displayed. Cllr Wright proposed no objection to this request, seconded by Cllr Dr Penney and approved. Also asked if the Photograph Album of the past Mayors could be borrowed and some photocopies taken. Cllr Blundell proposed no objection, providing they were not for publication, seconded by Cllr Whittall and approved.

b) Dr C. McNall: Asking if the Council hold any pre-1377 documents as he is in the process of preparing a volume for the Selden Society on Selected Cases in Borough Courts before 1377. Clerk to pass letter to Mrs Marion Roberts.

c) Mrs S. McCormack: Agrees about the difficulty of visualising properties before they are built, particularly in a setting like Bells Court. She has asked that when the Committee make Site Visits they have a construction marking out both floor area and height of proposed buildings.

d) Bishop's Castle & District Community Forum: Agenda for Steering Group meeting to be held in the Library at the Community College on 11th September.

e) Mr G. Amos, SSDC: The annual registration canvass will commence at the end of August and will be published on 1st December. This will be the base used for the elections scheduled to take place on 1st May 2003. Established addresses will automatically receive a registration form. However, there are occasionally properties sub-divided into flats or temporary types of accommodation such as caravans who may not receive a form and potential voters could be omitted from the register. If Councillors are aware of any such properties Mr Amos would like details.

f) SSDC: Agenda for Standards Committee meeting which was held at 2.00 p.m. this afternoon at Stone House and Minutes of previous meeting held on 25th June. CIRCULATE

g) Environment Agency: A review is taking place as to how the water resources of the Severn Uplands are managed, a copy of the Severn Uplands Catchment Abstraction Management Strategy leaflet is enclosed, which outlines how this will be achieved and describes how to participate in the consultation process. CIRCULATE

h) Mr D. Hinves, SSDC: Thanking the Council for the offer of financial support for the South Shropshire Sports & Leisure Advisory Council. However, since the original request the SSDC have decided to restore both Arts and Sports Grants to a total of £10,000 to be split 60% - 40%. Allocation of both budgets will be via the Advisory Council and there will be three meetings during this financial year to distribute the funds. Interested Groups are being invited to send a representative to the inaugural South Shropshire Arts Advisory Council on Monday 2nd September. Councillors were pleased to hear that the budget had been restored and Cllr Dr Penney proposed a letter is sent to Mr Hinves but expressed disappointment that it appears two of these meetings clash with Town Council meetings, so our representatives will be unable to attend. Seconded by Cllr Blundell and approved.
ACTION TOWN CLERK
i) Aquila: Notification that GPU Power, formerly Midlands Electricity, has now been acquired by Aquila Inc. of Kansas City, USA. The company will now be known as Aquila Networks and will be re-branded within the next six months. Operations will continue as normal and there will be no adverse impact on the service. Also received a Revised Loading Rating for street lighting. Cllr Blundell asked if the Clerk could supply him with details of the old Loading Rating and he would look at the lights and report back to the next meeting. ACTION TOWN CLERK & CLLR BLUNDELL

j) MEB Contracting: Revised costs for street lighting repairs for information.

k) Mr J.R. Marston, Building Control Officer, SSDC: In response to concerns raised about the condition of an external elevation at Morray's old shop an investigation shows that the wall does not appear likely to collapse. The elevation is an old timber frame and the external render is secured to the frame by reinforced mesh. As the builder is in the process of repairing the building SSDC do not propose to take any further action at present.

l) Mrs M. Daniel, Tree Warden: Copy of letter sent to The Living Village reporting that several young trees planted on the 'avenue' along the footpath at The Wintles will not survive unless the tree ties are loosened or removed quickly.

m) CC P. Phillips: Copy of press cutting regarding 'Home Zones'. CIRCULATE

n) The National Association of Local Councils: Race Relations (Amendment) Act 2000: CIRCULATE

o) The Boundary Committee for England: A review of local government electoral arrangements for Shropshire County Council has recently begun. Its aim is to make sure that wherever possible every councillor represents the same number of electors. It will also takes into account the interest and identities of local communities. Suggestions are required by 28th October. CIRCULATE

p) Mr J. Towers, Chairman, The Storm: The Radio Authority, the governing body of commercial radio has recently confirmed that there will be a new radio station to cover the West Midlands region including Bishop's Castle. The station is expected to serve about 3 million people. The Town Council is asked if they would offer written support for the proposal?
AGENDA NEXT MEETING

q) Action News: CIRCULATE

The Deputy Mayor declared the meeting closed at 10.05 p.m.