BRETBY PARISH COUNCIL

MINUTES OF THE ORDINARY PARISH MEETING HELD

MONDAY 2^nd SEPTEMBER 2024 AT 7:30pm AT ST WYSTANS CHURCH, BRETBY

Present:  Cllr Toone (Chairman), Cllr Meyrick, Cllr G Corner, Cllr Falder, Cllr T Ballington.

In Attendance: Cllr Lowe, Cllr Muller (to 8:10pm), Cllr Haines, Mrs J Storer – Clerk.

24/1069             Apologies

No apologies were received.

As a quorum was established, the Chair commenced the meeting.

24/1070             Variation of Order of Business

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

24/1071             Declaration of Interests:

Cllrs considered their obligations relating to declaration of interests.  Cllr Falder declared a prejudicial interest in the planning application DMPA/2024/1052 relating to the proposed solar farm as he is a tenant of the land.

24/1072             Public Speaking

1. Members of the Public and Council to comment on any matter

No members were present and no matters were raised.

• County Council and District Council members to raise any relevant matter

County Cllr Muller reported upon his attendance at a meeting about the National Grid pylon upgrade.  The preferred routing is to be on the east side of Derby, linking up down the A50 corridor with over 180 new pylons (at 3 per km), the height of the new pylons being 50m.  The existing pylons will not be used.  The point of connection will be at the substation at the old Willington power station.

Cllr Falder explained the restringing works of the existing local pylons should have commenced today but work had had delayed, reasons given were that the National Grid has no capacity to bring in wind powered generated electricity and there is a labour shortage. All ground works to commence the restringing project had been completed.  A request has been made to remove the road signs. The restringing of the pylons will happen in the next 2 years.

Freeport – the three elements are

i)  The Ratcliffe on Trent power station will be decommissioned in the next few weeks and the site be used as an industrial estate with a company being on site focusing on hydrogen generation.

ii) Development on land around Diseworth earmarked as part of the Freeport, has been strongly objected to by residents.

iii) Toyota are keen to proceed with development with the current site for the railhead to be built on the A38 Willington/Toyota island.

Potholes – DCC is trialling a new material made from recycled HGV tyres.

Cllr Falder reported that Watery Lane, Newton Lane nor Geary Lane have received any maintenance.

The unacceptable condition of Newton Lane has been reported on Case Ref 642668941. Cllr Muller continues to push for a Highways Officer to attend a site meeting.

Gold Cards are now issued to persons assisting people who need to help to travel on the buses.

Cllr Toone raised the problems experienced with the temporary traffic lights on the A5111, these were erected to allow for repairs to a gas main to be undertaken, but no work has seen to take place, but the temporary lights caused traffic congestion/gridlock and for fly tipping to occur on adjacent private land.  Cllr Ballington provided information about the flytipping incident. The Clerk will provide the details to Cllr Muller to make enquiries with the Highways Dept as to why the lights were in situ for the length of time.

Cllr Haines reported Safer Neighbourhood grants are available to promote community safety.

Part 1 of the draft Local Plan will come to the September Environment Development Committee for consideration, this will be followed by a public consultation, with a deadline for the completion of the Local Plan by June 2025.

SDDC is recruiting for new head of Housing and also for Environmental Services.

Cllr Lowe declared a prejudicial interest in planning application DMPA/2024/1052 as he has land which borders the proposed solar farm site.

Cllr Toone enquired about Knights Lodges and the refusal of planning permission, the district cllrs have heard nothing about whether an appeal will be lodged. Cllr Toone reported on continuing concerns relating to the planning and enforcement depts at this and other sites, whereby the processes are slow to react to the breach of planning permissions.  Regarding Knights Lodges, activities continue to be advertised and held and are anticipated to do so until the appeal is heard.

Regarding the complaint about 70 Ashby Road East the complaint response from SDDC made reference to a different address to that raised by the parish council which had quickly reported breaches of planning permissions 7 and 8. The meeting heard how the building on the site is not reflective of the plans and is overly large for the site. 

In response to a request to support an objection to planning application DMPA/2024/1052, Cllr Muller informed the meeting that he is on the planning committee, he will not make any comment nor predetermine any planning application.

8:10pm Cllr Muller left the meeting.

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

No representations were made.

24/1073   To approve the Minutes of the Ordinary Meeting of the Parish Council held on 1^st July 2024

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

24/1074   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 other than that listed on the agenda.

24/1075   To receive the Chairman’s Announcements

No announcements were made.

24/1076  To receive the Report of the Clerk

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

The issue with the development at 70 Ashby Road is causing mud to slip onto the drains, blocking them and potentially causing a flooding issue.

24/1077   Governance

a)   Risk Register update

There are no recommended changes to the risk register.

b)  General Data Protection Regulations (GDPR)

No changes are recommended and there are no reports of any breaches. 

c)  Parish Council elections, vacancies and co-options

There are two vacancies on the parish council and no expressions of interest have been received.  

d) To consider the response from SDDC to the parish council’s complaint about planning matters (Min 24/1065)

Cllrs expressed their discontent about the reply and whilst the reply had stated there will be no further communication, Cllrs considered it necessary to make a final comment, particularly as the response from SDDC made reference to a different address to that in the original complaint made by the parish council.

e) To consider any actions to be taken regarding correspondence item 3 and the National Grid pylons

No action is to be taken.

24/107   Drainage and flooding issues

No work has been done on Watery Lane or Newton Lane to remedy the problems of last winter and these the problems will continue again this winter.  Complaints have been made to the Highways Dept and requests for site meetings; Cllrs considered these to have been ignored or dismissed and expressed their deep dissatisfaction with the service provided by DCC and in particular the Highways Dept.

24/1079  Correspondence

1.         DALC – Various circulars and information

2.         SDDC – Response to stage 2 complaint about planning matters (circulated to Cllrs 05/08/24)

3.         National Grid – Upgrade of the pylons Chesterfield to Willington

4.         National Grid – Work on overhead electricity line between Drakelow Substation and Stanton on Bridge (circulated to Cllrs 11.08.24)

5.         DCC Highways – Temporary Road Closure, Repton Road, Bretby between 14/08/2024 – 30/08/2024 – 09:00 – 15:00 (circulated to Cllrs 23/07/24)

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

24/1080             Finance

Accounts passed for payments

BACS	Staffing – August	£157.85
BACS	HMRC – Staffing NI and PAYE (Aug)	£42.20
BACS	DCC – Pension contribution (Aug)	£55.74

For approval

Mrs J Storer	Expenses	TBC
BACS	Staffing – Oct	£157.85
BACS	HMRC – Staffing NI & PAYE (Oct)	£42.40
BACS	DCC – Pension contribution (Oct)	£55.74
PKF Littlejohn	Audit fee for 2023/24	£252.00

Money Received

Deposit interest	July 2024	£3.16
Deposit interest	August 2024	£3.03
SDDC	Second half of the precept	£2,807.00

Balance at bank @ 22.08.24

Deposit account                                    £3,065.35

Current account                                    £7,008.48

(b) to consider any requests for funding made under s137 LGA 1971

None received

(c)  To receive the external auditor’s report for the year ending 31^st March 2024

The report had been previously circulated to all Cllrs.

No items were raised by the external auditor nor by the Cllrs.

RESOLVED to accept the external auditor’s report.

24/1081 To consider Planning Applications

DMOT/2024/0884 – Pruning of Oak tree at Bretby Hall, Bretby Park, Bretby, Burton On Trent, DE15 0QQ (31/07/24)

No comments

DMPA/2024/1052 – Installation and operation of a renewable energy generation station comprising ground-mounted photovoltaic panels, inverter/transformer units, DNO substation, site access, internal access tracks, security measures, landscaping, and other ancillary infrastructure at Land west of Newton Lane, Newton Solney, DE15 0RU (extension of time to 23^rd September 2024 granted)

RESOLVED – Objections  on the following grounds

Location and use of the site

The location of the proposed site is on prime valuable agricultural land which has been mixed farmed for at least last 4 generations.

This is a green field site; other brown and grey field locations are available.

The connection point identified in this application is a gas connection.

The permanent loss of agricultural land.

The application states that the site is flat and faces south, in face it is undulating and faces north/northeast.

The solar farm would turn a pleasant and rural area into an industrialised area protected by high barb wired fences, warning signs and cameras and could have a negative impact upon tourism in and around the area.

The proposed site comes within 100 m of the nearest dwelling, no consideration can be found in the application to the impact upon these residents, 40 years is a significant period for residents and the surrounding communities to be impacted by this proposal.

Public right of way

The application states there is no public right of way, there is a public footpath right through the centre of the site; access to which would be prohibited by this application.

Green credentials and biodiversity

Wildlife and biodiversity has been positively encouraged by the tenant farmer, which the proposal will uproot, existing badger setts in boundary hedges will be destroyed. 

Questions are raised about the future sale of biodiversity credits; if the application is successful then a condition is sought that any income from the sale of biodiversity and/or carbon credits should be reinvested in the site to ensure that it is suitable to be restored to full agricultural use for the growing of crops at the end of the 40 years use.  Any surplus income is to be reinvested in the communities of Newton Solney and Bretby.

Access and highway impact

Access to the proposed site is via Newton Lane which is a badly maintained single track road which frequently floods and which was closed completely by DCC for weeks on several occasions and when it reopened parts of the road were barely passable as the road surface had been washed away. It remains in the same condition today. The road edges will crumble from the HGVs visiting the site during construction. This lane is a vital link between Bretby and Newton Solney and any disruption would mean a lengthy diversion via Repton; a route that frequently suffers from heavy traffic congestion and as a consequence – air pollution.

The suggestion made is for traffic to be one way, with outbound traffic via Knights Lane. At the end of Newton Lane, Knights Lane is a 7.5 tonne restricted route. The road is an equally badly maintained popular “rat run” between neighbouring villages with frequent accidents and is totally unsuited to heavy goods vehicles.

The highway survey undertaken by the applicant was performed during a period of extreme damage to Newton Lane, this will have depressed the vehicle count and average speeds on the road.

If the application is granted, a condition is sought that for the next 40 years, the roads within the parishes of Bretby and Newton Solney, not just Newton Lane, are maintained and repaired to a standard acceptable to the Highways Dept of DCC, not merely to the poor standard they currently are.  The visual splays for the road access should be increased to account for more and faster traffic. These conditions will go some way to slightly mitigate the impact from traffic over the next 40 years.

Flooding

The surrounding lanes flood with surface drainage flowing down the lane into Newton Solney. Water on the lane frequently freezes over the winter months; which being a single track lane makes driving at times “eventful”. The HGVs on a narrow lane will inevitably crush the verges, damaging the ditches and culverts, therefore, to have numerous HGV lorries using this lane with only a couple of passing points significantly increases the danger to motorists, cyclists and pedestrians.

The Future

The applicant suggests that the land could revert to agricultural land after 40 years. The applicants can have no conception of what the land would be like after 40 years of lying fallow, of the impact that the structures and of the damage that the installation and removal of heavy plant would do to the structure and fertility of the land.  There is no guarantee that the land can be returned to agricultural use. 

Additional questions and information required

1. Can the output for the solar Farm suggested by the applicant be corroborated as the panels face north and is it only achievable during periods of full sunshine and reduced when the weather is overcast?
2. A significant amount of information has been redacted; can the reasons for this be explained; the lack of information is not transparent, clear or open.
3. Is the application subject to a s106 contribution and if so, Bretby parish council wishes to be involved in the discussions from the start – parish cllrs know best the area and community and should be party to what the s106 contributions are used for.
4. There are concerns that after 40 years, the area will be reclassified as a brown field site, or at least a grey site and be ripe for development, is will the District Council prevent the reclassification of a green field site?

Notification of Planning Committee meeting 30^th July 2024

DMPA/2024/0042: Variation of condition 2 (approved plans) and removal of condition 6 (restricting users of the leisure building) of permission reference DMPA/2022/0836 (The erection of leisure building with associated access, parking and landscaping) at Knights Lodges, Knights Lane, Bretby, Burton On Trent, DE15 0RT

The report provided by the Chair on his attendance at the Planning Committee meeting was noted.

24/1082             Consultations

a) Derbyshire Police Crime Commissioner – Police and Crime Plan for Derbyshire – deadline 1^st September 2024 (circulated to Cllrs 17/07/24)

b) SDDC – Annual CCTV Consultation – deadline 20^th September 2024 (circulated to Cllrs 05/08/24)

c) SDDC – Review of private licencing arrangements – deadline 6^th September 2024  (circulated to Cllrs 22/07/24)

23/1083 Items for information only

(a)        To receive reports from Meetings attended

None received.

(b)       Notification of Forthcoming meeting

DCC and Parish Council Liaison Meeting – 15^th October 2024

SDDC Civic Service to be held 1^st September 2024

 (c)       Training Sessions – See DALC circulars which have been provided to all Cllrs

No training sessions have taken place since the last meeting. 

23/1084            Date of next meeting

The next Parish Council meeting will be held on   MONDAY 4^th NOVEMBER 2024 at 7.30pm at St Wystan’s Church, Bretby.   

There being no further business, the Chairman thanked everyone for attending and closed the meeting at 9:03pm.