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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.