Skip to main content
Posted in



Minutes 27th January 2020

MONDAY 27th JANUARY 2020 AT 7:30pm

Present:  Cllr M Falder (Chairman), Cllr Bridges, Cllr Toone, Cllr S Betteridge-Sorby, Cllr K Kemp

In Attendance: Mrs J Storer – Clerk, District Cllr Haines (to 8:30pm), District Cllr Churchill (to 8:30pm), County Cllr Chilton (to 8:30pm), 7 members of the public

The Chairman welcomed all to the meeting and explained the reasons why the meeting venue had been changed. The Chair checked that no one was recording the meeting without first notifying everyone present of any intention to record.

19/638  Apologies

Apologies were noted from Cllr L Meyrick (personal), Cllr Corner (personal).

19/639  Variation of Order of Business

There was no alteration to the variation of the order of business.

19/640  Declaration of Interests:

Cllrs considered their obligations relating to declaration of interests.  Cllr Kemp declared a prejudicial interest in the planning application relating to DMPA/2019/1398 – The erection of an extension at 215 Bretby Lane, Bretby, as she is the applicant.

19/641  Public Speaking

a) Members of the Public and Council to comment on any matter

The Chair enquired what the concerns were to the notification for a foster home at 12 Bretby Lane, DMPN/2019/1416, adding a desire that the council is not to be perceived to be operating in a “nimby-ism” manner; he also asked if this is not the correct location, is there an alternative suitable location for a home for vulnerable children.

A resident explained that there are two planning applications relating to 12 Bretby Lane, the one of concern for him related to the certificate of lawfulness for the change of use from residential use to a foster home run by a commercial organisation. He cited previous case law from around the country that this should be subject to a full planning application rather than via a notification. Also, of concern was the location being very close to county boundaries,  as differing authorities and cross boundary services could create communication and logical problems when try to access necessary services; there are also concerns about potential safeguarding through the stated staffing ratios and the vulnerability to some existing residents.

Cllr Churchill explained that he will provide comments/issues raised about this application so that the planning officer can have consideration of these when a decision is made.

Any safe guarding issues need to be considered by DCC and not by SDDC.  Professional advice is being sought by SDDC from specialist lawyers as to whether a planning application is required in this particular case rather than a notification.

Cllr Toone asked for clarification about the SDDC policy relating to certificate of lawfulness – Cllr Churchill will make enquiries about this and report back.

Cllr Chilton explained that she had sought some advice from the safeguarding officers at DCC; it is unclear how DCC would be advised about any possible safeguarding issues relating to the notification.  Cllr Chilton read out the email reply from the safeguarding officer but without details of the notification, the officer was unable to give definitive advice.

The Chair urged members of the public to write individually to the planning dept expressing their concerns.

A second application to build properties at the rear of land at Bretby Lane DMPA/2019/1430 has been submitted and concerns were expressed that if permission is granted to build behind Bretby Lane, a precedence will be created for further applications and future development, of concern is that the local infrastructure is unable to cope with any development of any significant size. The Chair again urged members of the public to make direct representations to the planning dept addressing specific planning concerns.

b) County Council and District Council members to raise any relevant matter

District & County Council

Cllr Churchill provided information of the SDDC community grant that is now open for applications.

A resident kindly volunteers to clear the litter around the Parish but there are some areas that require additional attention, Cllr Kemp informed that she has arranged for volunteers to carry out the litter picking in these areas,  however, the disposal of the collected rubbish required resolving; Cllr Churchill recommended contacting the Head of Operational Services; Cllr Kemp will make the enquiries.

A sign opposite Geary Lane is in the hedge along the A511 and a request for it to be either removed or re-erected was made. Cllr Chilton will report this to DCC.  She also recommended that this and other matters are reported via DCC online.

Min 19/632 Cllr Chilton has checked and confirmed that the historical records could be archived at the Local History section at Matlock.  The Chair will pass this onto the Church Wardens.

The Chair congratulated DCC for the work they have done on Newton Lane relating to flood remedial work.  He reported on what the work had revealed, however whilst the water does now flow, the system is basically inadequate to cope with the amount of work that it is expected to take.

Watery Lane had been blocked and flooded continuously for approx. 3 months, due to a landslip – DCC reported that the landowner was to carry out repair works. The Chair reported that the drain across the road is blocked and needs clearing out; he offered to meet with officers to provide local knowledge about the site.

The pipe under Knights Lane between Knights Lodges and Hill farm requires attention as this section also floods. Cllr Chilton agreed to report this to DCC.

The sewage leak near to the Old Smithy has been temporarily resolved and during 2020, there are plans to renew the pipe, which is approx. 60 years old.

8:30pm Cllrs Chilton, Churchill, Haines left the meeting.

c) Parish Council Members declaring an interest other than Disclosable Pecuniary Interest wishing to make representation

No representations were made.

19/642  To confirm the Minutes of the Ordinary Meeting held on 19th November 2019

These were circulated, read, approved and signed as a correct record by Cllr Falder.

19/643  To determine which items if any, should be taken with the public excluded.

No items were deemed necessary to be taken with the public excluded.

19/644  To receive the Chairman’s Announcements

The Chair had nothing further to report.

19/645  To receive the Report of the Clerk

The Clerk’s report as previously circulated was accepted with no further comments. 

19/646  Governance

a)   Risk Register update

There are no recommended changes to the risk register.
RESOLVED to make no changes to the risk register.

b)  General Data Protection Regulations (GDPR)

The Clerk reported that there are no further information or action recommended.

d)  Website compliance

The current website is old and does not comply with the new regulations that came into effect in September 2019. A new website was to be revamped and circulated to Cllrs over the Christmas period.  Cllr Meyrick is the lead Cllr for this project it was not possible for him to attend this meeting; Cllr Meyrick has reported that he is working on the website.

Cllrs recommended that the new website needs to be easily readable on tablets and mobile phones, that it will be useful to incorporate a format so that  forums can be arranged, to have a facility to post comments to the Council and for community engagement – it could be a village website with a parish council page. The Clerk will ask Cllr Chilton if funding from the county council community fund is available to assist with the website construction.

e) To consider information about the former Bretby Castle and how to display the information – Min 19/599

There is an increased need for some signage.

f) To consider the suggestion to set a working party to consider how to mark the passing of a senior royal and the coronation.

The Clerk highlighted that a considerable amount of time and funding is required when marking either the passing of a royal member and/or to celebrate a coronation.  Given the time and funding that maybe required, the Clerk suggested that Cllrs may wish to consider starting the process soon so that funding can be planned and measures can be underway to marking/planning occasions can be proactive and unrushed. It was acknowledged that there is a significant lead time before a coronation but it was agreed that thoughts would be gathered as to how to mark these occasions.  This matter could be something that the new website could raise awareness of.  Cllr Kemp agreed to be the Lead Cllr for this project.

19/647  Drainage issues

Drainage and flooding were mentioned in the public section of the meeting.  Cllrs noted that flooding had also occurred at Geary Lane and the A511 junction during the period of heavy rainfall.

19/648  Correspondence

  1. DALC – Various circulars
  2. SDDC – Draft SHELAA methodology consultation (deadline for comments = 4th February 2020)
  3. DALC – Armed Forces covenant
  4. DALC – Spring Seminar information
  5. SDDC – Notification to change in the S136 Concurrent function refund
  6. S Derbyshire CVS – Launch of the Christmas Food Bank Appeal
  7. Clerks & Councils Direct – January 2020 edition
  8. Poppy Appeal – Letter of thanks for the donation
  9. Resident – expression of concern about planning application DMPN/2019/1416
  10. Resident – expression of concern about planning application DMPN/2019/1416
  11. Resident – expression of concern about planning application DMPN/2019/1416
  12. Resident – expression of concern about planning application DMPN/2019/1416

All Cllrs have been circulated with the information prior to the meeting.

19/649  Finance

(a) Accounts for Payment

SDDC undertook a review of the S136 concurrent function refund and as a result of the Finance and Management Committee meeting on 28th November 2019, the following changes were agreed:

  • to reflect the increase in properties across the District since the last review
  • the basis of allocation has changed from Band D properties to the total number of properties in each parish.

The changes aim to provide greater clarity and understanding regarding the allocation and will take effect from 1st April 2020.

Bretby PC will gain an increase in total S136 concurrent function refund of £333.92 (subject still to a formula) and this is to be spent on concurrent functions and not on admin expenses.      

Paid under Clerk’s delegated authority


Accounts for approval

         BACS                  Mrs J Storer – expenses                                                 £17.44

         BACS                  Mrs J Storer – reimburse room hire fee                           £7.50

         BACS                  HMRC – Clerk’s tax (Nov)                                            £34.20

         BACS                  DCC – Pension contribution (Nov)                                 £37.96

         BACS                  HMRC – Clerk’s tax (Dec)                                            £34.20

         BACS                  DCC – Pension contribution (Dec)                                 37.96

        |s/o                        Mrs J Storer – Clerk fee for Nov 19                                £128.20

         s/o                        Mrs J Storer – Clerk fee for Dec 19                                £128.20

Money Received

Deposit interest (Nov 19)                                                                                   £0.14

Deposit interest (Dec 19)                                                                                   £0.12

Deposit interest (Jan 20)                                                                                    £0.13

Burnaston PC – refund of part of the SLCC conference                            £69.25

Balance at bank 20.01.20

Deposit account                                    £3,010.09

Current account                                    £4,034.89

b)            Bank Reconciliation

               The bank reconciliation was presented and approved.

c)            Requests for funding via S137

                No requests for funding have been received.

  • To set the budget for 2020/21 and the precept for 2020/21

The budget for 20/21 had been circulated with the meeting papers.

RESOLVED to set the precept for 20/21 at £3586; this being a 2% increase.

RESOLVED to set the budget as circulated and without change.

19/650  To consider Planning Applications

DMPA/2019/1150 – Installation of a replacement balcony at the rear of the property at 96 Bretby Lane, Bretby,

RESOLVED no objections

DMPA/2019/1255 – Outline application (matters of access to be considered now with matters of layout, scale, appearance and landscaping reserved for later consideration) for the demolition of existing dwelling and the erection for a replacement dwelling and realignment of access track for farm vehicles at Shades Farm, Unnamed Road from Geary Lane to Town Farm, Bretby, DE15 0RD

RESOLVED no objections

DMPN/2019/1416 – Certificate of Lawfulness for proposed 4-bed foster care home at 12 Bretby Lane, Bretby, Burton On Trent, DE15 0QN

RESOLVED Concerns raised in the public section of the meeting surrounding the safe guarding, staff ratios and classification of the notification whether it is C3 or C2 were revisited.  The level of detail contained in the notification is limited and  it was agreed to object to the  application until further information addressing the concerns is received.

DMPA/2019/1430 – Outline application (matters of access to be considered now with matters of layout, scale, appearance and landscaping reserved for later consideration) for six wholly affordable starter homes with access and associated works on Land at Sk2823 3536 (rear of 101-119) Bretby Lane, Bretby, DE15 0QP

RESOLVED – objections that this site is located to the rear of a strip of ribbon development and is outside of the settlement boundary.  The site is clearly visible from public vantage points, mainly from the public rights of way to the rear.  Access to the site is on a bend and a hill and visibility is restricted.

DMPA/2019/1461 – the erection of an extension with pitched roof and conversion of loft space at 12 Bretby Lane, Bretby, Burton on Trent DE15 0QN

RESOLVED no objections

DMPA/2019/1398 – The erection of an extension at 215 Bretby Lane, Bretby, Burton on Trent DE15 0QR

Cllr Kemp declared a prejudicial interest in this application.

RESOLVED no objections

19/651 Consultations

SDDC – Draft SHELAA methodology consultation (deadline for comments = 4th February 2020)

The Clerk explained that the draft methodology encompassed many national and locally agreed procedures; including a few that bespoke sections from SDDC. There were no items that were thought to be contentious.

RESOLVED to accept the draft SHELAA without any amendments and no comments will be made.

19/652  Items for information only

(a)        Reports from Meetings attended

No meetings have been attended.

(b)        Notification of Forthcoming meeting

SDDC – Flood liaison meeting – 6th February 2020.

Area Forum and Safer Neighbourhood – 11th February 2020 at Findern Parish Hall – Cllr Toone will attend the meeting

The Clerk is to attend a course on the new pension procedures on 28th February 2020.

The Clerk will attend the DALC run Climate Emergency Seminar on 6th March 2020.

(c)        Parish Cllrs Reports

No reports were made.

19/653  Date of next meeting

The next Parish Council meeting will be held on TUESDAY 17th MARCH 2020

There being no further business, the Chairman closed the meeting at 8:12pm.

Cookie Policy

Website privacy notice

1. This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.
2. We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.
3. We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.
4. We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
5. Our policy complies with UK law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR).
6. The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at
7. Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
The bases on which we process information about you

The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.
If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

1. Information we process because we have a contractual obligation with you
When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.

We may use it in order to:

1.1. verify your identity for security purposes
1.2. sell products to you
1.3. provide you with our services
1.4. provide you with suggestions and advice on products, services and how to obtain the most from using our website
1.5. Ascertain if you are suitable and legal for our services
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

2. Information we process with your consent
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including [job opportunities and] our products and services, you provide your consent to us to process information that may be personal information.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.

Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.

Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.

If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us as such. However, if you do so, you may not be able to use our website or our services further.

3. Information we process for the purposes of legitimate interests
We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.

Where we process your information on this basis, we do after having given careful consideration to:

• whether the same objective could be achieved through other means
• whether processing (or not processing) might cause you harm
• whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
For example, we may process your data on this basis for the purposes of:

• record-keeping for the proper and necessary administration of our [organisational or business]
• responding to unsolicited communication from you to which we believe you would expect a response
• protecting and asserting the legal rights of any party
• insuring against or obtaining professional advice that is required to manage [organisational or business] risk
• protecting your interests where we believe we have a duty to do so
4. Information we process because we have a legal obligation
We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal information.

Specific uses of information you provide to us

5. Information provided on the understanding that it will be shared with a third party
Some areas of our website may allow you to post information with a view to that information being read, copied, downloaded, or used by other people.

Examples include:

5.1. posting a message on our website
5.2. tagging an image
5.3. clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks
In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it.

We do not specifically use this information except to allow it to be displayed or shared.

We do store it, and we reserve a right to use it in the future in any way we decide.

Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us.

6. Complaints regarding content on our website
We attempt to moderate user generated content, but we are not always able to do so as soon as that content is published.

If you complain about any of the content on our website, we shall investigate your complaint.

If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.

Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.


What are cookies?
Cookies are small text files containing a string of characters that can be placed on your computer or mobile device that uniquely identify your browser or device. What are cookies used for?

Cookies allow a site or services to know if your computer or device has visited that site or service before. Cookies can then be used to help understand how the site or service is being used, help you navigate between pages efficiently, help remember your preferences, and generally improve your browsing experience.

What types of cookies do we use?
There are generally four categories of cookies: “Strictly Necessary,” “Performance,” “Functionality,” and “Targeting.”. You can find out more about each cookie category below.

1. Strictly Necessary Cookies. These cookies are essential, as they enable you to move around the Service and use its features, such as accessing logged in or secure areas.

2. Performance Cookies. These cookies collect information about how you have used the Service, for example, information related to the unique username you have provided, so that less strain is placed on our backend infrastructure. These cookies may also be used to allow us to know that you have logged in so that we can serve you fresher content than a user who has never logged in. We also use cookies to track aggregate Service usage and experiment with new features and changes on the Service. The information collected is used to improve how the Service works.

3. Functionality Cookies. These cookies allow us to remember how you’re logged in, whether you chose to no longer see advertisements, whether you made an edit to an article on the Service while logged out, when you logged in or out, the state or history of Service tools you’ve used. These cookies also allow us to tailor the Service to provide enhanced features and content for you and to remember how you’ve customized the Service in other ways, such as customizing the toolbars we offer in the right column of every page. The information these cookies collect may be anonymous, and they are not used to track your browsing activity on other sites or services.

4. Targeting Cookies. Bretby Parish Council or other third party partners may use these types of cookies to deliver advertising that is relevant to your interests. These cookies can remember that your device has visited a site or service, and may also be able to track your device’s browsing activity on other sites or services other than Bretby Parish Council. This information may be shared with organizations outside Bretby Parish Council, such as advertisers and/or advertising networks to deliver the advertising, and to help measure the effectiveness of an advertising campaign, or other business partners for the purpose of providing aggregate Service usage statistics and aggregate Service testing.

How long will cookies stay on my device?
The length of time a cookie will stay on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.

First and third party cookies
First-party cookies are cookies that belong to Bretby Parish Council, third-party cookies are cookies that another party places on your device through our Service. Third-party cookies may be placed on your device by someone providing a service for Bretby Parish Council, for example to help us understand how our service is being used. Third-party cookies may also be placed on your device by our business partners so that they can use them to advertise products and services to you elsewhere on the Internet.

How to control and delete cookies
As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.