Council Minutes - May 2020
PEN-Y-FFORDD COMMUNITY COUNCIL
Minutes of the (Zoom) Virtual Meeting held on
Wednesday 13th May 2020
Present by Video: Councillors Mr A Wight (Chairman), Mr R Bestwick (Vice Chairman), Mr J Priddin, Mr D Walker, Mr D Williams, Mr R Wakelam, Mrs M Jones, Mrs P Ransome, Mr P Blackman, Mr M Rothero and Mr A Bakewell (Youth Representative) Present by Phone: Councillor Ms C Hinds
In attendance by Video: Mrs S Hughes, Clerk & RFO to the Council
1. Apologies
Apologies were received from Councillor Mrs E Davies & Dr J Smith-Bellis.
2. To Receive any Declaration of Interest – Members Code of Conduct
There were no Declarations of Interest received.
3. Minutes of the Council Meetings held on 11th March 2020 and Notes from the Cancelled Extraordinary Meeting which was due to be held on 23rd March 2020.
The Council had called for an Extraordinary Meeting to be held on 23rd March 2020, however this was cancelled due to the governments Covid19 announcement. Members did however hold an informal virtual meeting.
Cllr Ransome questioned whether actions/events from the March 2020 meeting will be reconvened as and when appropriate? The Chair and Clerk confirmed that they would be followed up at the appropriate time.
RESOLVED: the ordinary and finance minutes from 11th March together with notes from the informal meeting held on 23rd March were approved as a correct record. The minutes will be formally signed by the Chairman at the first face to face meeting of the council.
4. Virtual Meetings
Members had been provided with Virtual Meetings Procedures and guidance notes for consideration.
The Chairman reinforced the council’s decision not to invite public to the Virtual Zoom Meetings due to existing technical issues and potential risks of managing public attendance. The virtual meetings will be recorded and published as soon as reasonable possible after the meeting. He suggested to possibly look at live streaming the meetings where public would have the opportunity to type in any questions. This would allow the public to observe the meeting and give opportunity to make representation. Cllr Walker felt that the council should wait on making this decision until the next government announcement as the council could possibly meet if some restrictions were eased
The Clerk highlighted that meetings should be made available to the public and the council needs to ensure that they can justify their reasons why the public may not be invited to future meetings.
RESOLVED: the council approved and adopted the Virtual Meetings Procedures. The council will record and publish the meetings to allow for transparency. The council will hold the next virtual meeting in June and will investigate the options to allow the meeting to be live streamed which would allow the public to observe and participation under Public Questions.
5. Public Questions
There were no public questions received. It was reported that the Clerk had received a phone call from a pensioner within the village rather upset that she had been made aware that after sitting outside her home with fellow neighbours for VE Day, adhering to all social distancing guidelines, someone had reported this as a social gathering to the police. Cllrs Walker and Hinds also reported that they have since too spoke with the resident.
Members were concerned to hear this and Cllr Wight asked that if members know the resident if they could keep in contact with her and to continue to reach out the our vulnerable and isolated residents.
6. Delegation of Authority & Business Continuity Plan
The Delegation of Authority & Business Continuity Plan was drawn up to be approved at the Extraordinary Meeting which was due to be held on 23rd March. As this meeting was not able to be held, the council did adopt these documents at the informal meeting held on 23rd March.
RESOLVED: the council ratified these documents which were put into place following the Covid19 Lockdown on the 23rd March 2020.
7. Delegated Decisions Made during the Covid19 Lockdown from 23rd March to date.
During the lockdown period where no formal meetings were held, please see Appendix A which details all decision made. The Clerk asked members to review the document and ratify that these were correct.
RESOLVED: The council ratified that the decisions listed on Appendix A as true and accurate.
8. Internal Audit and Annual Return for the Year Ended 31 March 2020
i. To provide the Council with a report on the internal audit completed by JDH Business Services.
**Cllr R Wakelam arrived at 7.08pm
Cllr Williams suggested that the council should take this opportunity to review the existing Christmas light contractor.
Cllr Bestwick proposed that the requirement to use a purchase order system should be removed from the regulations. This was seconded by Cllr Wight who feels that the current procedure in place is robust and the purchase order system should be removed.
ii. In brief the Annual Return must be completed by 30th June 2020, under Regulation 15 as set by the Wales Audit Office and a Notice of Inspection of Accounts displayed. The Clerk reported that revised information has been received regarding the process for approving the Annual Return during the Covid 19 lockdown, however, further information was due imminently from Deryk Evans, Wales Audit Office. To ensure that the council still complies with current advice the Clerk will prepare and advertise a Delay to Certification & Public Inspection of Annual Accounts for year April 2019 to March 2020.
RESOLVED:
i. The Internal Audit Report was received and accepted by the Council.
1. The council will ensure that should any future decision to waive financial regulations in relation to contracts will be minuted with an explanation. The Council will also undertake a review of the existing contractor for Christmas lighting.
2. The Council accept that this was an administrative error.
3. The Council do not wish to implement a formal Purchase Order System and therefore request that when the Clerk reviews the 2019 Model Financial Regulations that this be removed. The Clerk will prepare the updated (2019) Model Financial Regulations to be considered at the June meeting.
ii. The Clerk will await further guidance from the Wales Audit Office but will ensure that if the council are unable to formally approve the Annual Return, an appropriate notice will be advertised stating a Delay to Certification & Public Inspection of Annual Accounts for year April 2019 to March 2020.
9. Year End Budget Review
The Clerk provided the Council with copies of the Year End Budget Review, summary, budget monitoring report and bank reconciliation (Appendix B). These documents were reviewed by the Council and the Clerk asked whether there were any questions or concerns. The Clerk did highlight the Councils reserves but stated that work for the main projects of S106/WMI, street lighting and hopefully play areas improvements would be undertaken this year. Cllr Ransome asked whether the money held in reserves would be queried by the auditors? The Clerk advised that this is something that they would be looking at and whilst the council can not be seen to be sat in public money, these are large projects which required holding reserves which can be fully justified.
Cllr Wight did report that he has been liaising with a local play area consultant and will hopefully have proposals to share with members for the June meeting.
The Chairman suggested that the council should take this opportunity to review the 2020/21 agreed expenditure as due to Covid19 there will be unspent budget e.g summer Playscheme. The council needs to be proactive and mindful that any unspent budget could assist in reducing the precept for next year.
RESOLVED: the Year End Budget Review was approved by Cllr Priddin, seconded by Cllr Ransome and agreed by full council.
A review of the 2020/21 planned expenditure will be included on the June Agenda. The Clerk will circulate an up to date Budget Summary for 2020/21 to all members as soon as possible to allow time for this to be reviewed and any comments submitted to the Clerk/Chair before June.
10. Planning Applications
i. To report the planning applications received since the last formal council meeting in March 2020 and to review and consider the following planning applications:
Planning Applications received and responded to since the last formal council meeting in March:
Ref: 061169. Erection of two storey extension to rear of dwelling. 34 Hawarden Road, Penyffordd. The Council has no objection, but request any concerns of local residents be forwarded to them for consideration. Provided the proposal does not negatively impact on neighbours or local environment, streetscene etc and complies with all relevant policy, they will be happy for a delegated decision.
Ref: 061138. Proposed Erection of new Garage. Pheasant Fields, Lower Mountain Road, Penyffordd. Although rather large, the proposal would not appear to be imposing on neighbours or streetscene, so on these grounds the council has no objection but request that should any concerns be raised that they are forwarded to the council for consideration. Provided the proposal does not negatively impact on neighbours or local environment, streetscene etc and complies with all relevant policy, they will be happy for a delegated decision.
Ref: 061070. Minor Works Planning Application at the Land Adjoining Millstone Inn, Hawarden Road, Penyffordd, for 1 No. External Condenser, 3 No. External Air Conditioning Units, 1 No. External Refrigeration Compressor Pack and 1 No. Amazon Locker. Land adjoining Millstone Inn, Hawarden Road, Penyffordd, Whilst there is no objection to this application the council raised concern that this could and should have been included with the full application. The council request that any concerns of local residents and/or case officer be forwarded for their consideration.
The council request a combined noise assessment to be carried out for the units and also request the following condition be attached should the application be successful. Condition. A noise impact study is carried out on commissioning of all the units and if found to impact on neighbours, appropriate measures are put in place to reduce the noise to the satisfaction of affected residents as can reasonably be determined. Reason. The development was approved against the wishes of all neighbours as commented in representations and at committee. It is only fair therefore, that they will not be impacted by additional noise pollution.
Ref: 061184. Change of use of dwelling to holiday lettings. Clawdd Offa Farm, Wrexham Road, Penyffordd. The Council has no objection, but request any concerns of local residents be forwarded to them for consideration. Provided the proposal does not negatively impact on neighbours or local environment, streetscene etc and complies with all relevant policy, they will be happy for a delegated decision.
This is a proposal that can only be good for the areas tourism and promotion of the area with all the spin off benefits for the Community and County and can provide additional amenities to support the proposed camping pods.
Concerns raised over increased traffic using the access and the condition of public footpaths that link the site to the village and various country walks that will undoubtedly be one of the attractions of any visitors occupying the holiday let.
Condition 1. Improved highway safety measures at least 100 metres either side of the entrance to a standard that is agreed with local elected representatives prior to approval. The council have for sometime had concerns regarding the speed of the A550 and would ask for consideration of a pedestrian crossing and a speed limit review. Reason. The entrance to the site is on a busy bypass and the increase in use will increase the risk of incidents. Local members have in-depth knowledge of the issues around this location, and in conjunction with the professional highway officers, should be in a position to develop appropriate measures to be imposed prior to use.
Condition 2. All public footpaths on the approaches to the site are made fully accessible and stiles brought up to current standards. Reason. The main purpose of visitors using Holiday let will be for outdoor recreation and country walking. The network of public footpaths therefore need to be of a standard that will enable visitors to access the local country walks without the need to drive to other starting points or into the village. All public footpaths on approaches to the site, therefore need to be in a safe and accessible condition.
However, if the above is not acceptable, we request a site visit and committee decision in order to highlight the issues raised above, but will reconsider in negotiation with relevant department and officers.
The Council also reserve the right to comment further should additional relevant information come to their attention, and if necessary and appropriate, a meeting with the case officer to discuss the comments of this representation will be welcome.
Ref: 061182. Demolition of a pair of 2 storey semi-detached dwellings replaced by a new 2 storey 4 bed dwelling. Rock Cottage, Penymynydd Road, Penymynydd. There is no objection to outline approval provided the concerns below are taken into account in making the decision, and request any concerns of local residents be forwarded to the council for consideration. Provided this is agreed and the proposal does not negatively impact on neighbours or local environment, streetscene etc and complies with all relevant policy, the council will be happy for a delegated decision.
Firstly though, it is clear that this site is in desperate need of development, but the main concern is the further eroding of the character of Penymynydd that has a rich community history and character buildings where probably 95% have been lost in the past 20 to 40 years. Within 100 metres either side of this property, there were a number of period residential stone cottages and houses that had amongst them a pub, grocers, cobblers, butcher and chapel, that have been gradually replaced by modern dwellings. There was also a feature stone wall across from this property that was lost with the developments of the White Lion (Heritage park) site.
It is believed that as this is one of hardly any of the character buildings that now exist in the village of Penymynydd, some form of historical feature needs to be an integral part of the approved final design and this stipulation be included in the conditions for the outline application. The council consider it is essential that some form of feature of the existing building of ‘Rock Cottage’ are either retained, or have the locations history indicated somewhere in the design. It is the case that the streetscene has completely changed over the years with the gradual loss of the historical community and character of the area and that being the case believe some form of character retention is essential.
Ref: 061127. Proposed Extension and internal remodelling of Existing Property. Pheasant Fields, Lower Mountain Road, Penyffordd. Concern over this proposal is the size and scale of the extension and its potential impact on the streetscene in the Country setting. It would be appreciated if you could please provide your views on the impact as you see it, and if you are of the opinion if it will be detrimental to the location? The Council has no objection but does request any concerns of local residents be forwarded to them for consideration. Provided the proposal does not negatively impact on neighbours or local environment, streetscene etc as advised from the above request, and complies with all relevant policy, the council will be happy for a delegated decision. They also reserve the right to comment further should additional relevant information come to my attention.
Planning Applications
a) Ref: 061043. Proposed advertisements for a new co-operative store. Land adjoining Millstone Inn, Hawarden Road, Penyffordd. https://digital.flintshire.gov.uk/FCC_Planning/Home/Details?refno=061043. Concern was raised regarding item 2 the totem that does appear to be unnecessarily large and imposing for the location. This is the centre of the village and the store is already very visible with clear signage in all locations, so would question if a sign on this size is really necessary? We ask the case officer to request the applicant to review this particular sign with the prospects of trying to make it less imposing?
We would question whether signage of this nature is required as the existing convenience store (the Spar) which is long established in the village has never had a sign but all residents know where it is.
The council also questions why this could not have been incorporated within the original planning application?
Other than the concern raised above, the council has no objection but request any concerns of local residents be forwarded to them for consideration, and details of any discussions and conclusion the case officer has reached over the totem with the applicant be forwarded prior to determining this application. Otherwise, provided the proposal does not negatively impact any further on neighbours or local environment, streetscene etc and complies with all relevant policy, the council will be happy for a delegated decision. The council reserves the right to comment further should additional relevant information come to their attention.
b) Ref: 061247. Detached dwelling with detached garage. Style End, Chester Road, Penymynydd, Pen-Y-Mynydd, Flintshire. https://digital.flintshire.gov.uk/FCC_Planning/Home/Details?refno=061247 The council consider this to appear quite a high building for the location, but have been advised by the case officer that it is the same height as the original approved plan. In order to ensure that it has been built to plan so far, we request a check be carried out prior to giving approval of this particular application
Another concern is the new window in the gable end and the velux windows on the North elevation that could seriously impact on loss of privacy for neighbours, particularly the gable end window. Should neighbours express the same concerns, and the case officer also considers this to be a potential issue, we consider it appropriate that these windows are reconsidered so as to lessen the impact they will have on the neighbours.
Despite these reservations, the council has no objection but request that any concerns of local residents be forwarded to them for consideration. Provided the proposal does not negatively impact on neighbours or local environment, streetscene etc and complies with all relevant policy, we will be happy for a delegated decision. The council reserves the right to comment further should additional relevant information come to their attention.
**Mr Bakewell left the meeting at 7.30pm
ii. The following Notifications of Planning Decisions made by Flintshire County Council has been received since the last formal council meeting in March 2020.
a) Ref: 061012. Application for a non-material amendment to planning permission ref: 059373. Millstone Inn, Hawarden Road, Penyffordd. Approved
b) Ref: 060802. Change of use from agricultural land to use for canine exercise facility. Land at Barracks Lane, Higher Kinnerton. Approved
c) Ref: 060877. Two storey rear extension to provide a first floor accessible Bathroom off the current Bedroom and a ground floor Playroom. Construction of an external lift shaft on the side elevation which affronts Holly Drive. The project is funded as a Disabled Facility Grant as it is for a child. 1 Ferndale Close, Penyffordd. Approved.
d) Ref: 060337. Application for the approval of details reserved by condition no. 7 (scheme for closure of temporary construction access) and 10 (Interim Travel Plan) attached to planning permission ref. 057599. Ysgol Penyffordd, Abbotts Lane, Penyffordd. Approved
e) Ref: 060721. Planning permission 053417 to amend site layout and change house type. Penyffordd Clinic, Melwood Close, Penymynydd. Approved
f) Ref: 060776. Extension to sides and rear. Pear Tree Farm, New Road, Dobshil. Approved
**Cllr Hinds left the meeting at 7.35pm
iii. To review and consider the current status of the ongoing planning appeals.
Vounog Hill – Cllr Wight reported that after the informal hearing that was due to held in April was postponed, no new date has been set.
Retirement Apts, Rhos Road – Two things that caused issues was lack of 5 yr housing supply and TAN 1. On 26th March the Minster abolished both of these and changed the measurement of housing supply to a measurement against the LDP. However, resulting in this change they therefore approved this application. FCC are in despair as they are ahead of the curve as their 5 year supply is looking very strong (with existing developments such as Redrow) but that has not been taken into account. The test hast worked. Also what he feels is very inappropriate is that when the decision was made on the 26th March the country was in turmoil as it went into lockdown. The Planning Inspectorate wrote to the appellant and FCC. They were given less than 4 weeks to respond which included the easter break. FCC did not respond, which is fully understandable given the circumstance and new challenges they were facing with lockdown. Overall very unreasonable in these unprecedented times.
He suggests that in the letter which has been drafted to Julie James (to be sent via Jack Sargeant) that the council should also express their disappointment on how this has been handled procedurally.
Cllr Williams reported that he has been making enquires and looking into the option of appealing via ‘minor slips’ yet he feels that this would be unsuccessful. He also has reservations should a high court appeal be made.
Cllr Ransome commented that the council should not accept this and the council, residents and FCC objected and provided ample evidence. She will share with members again notes from the Planning Inspectorate event she attended where they provided examples of how to appeal, all of which has been done on this occasion. Cllrs Wight and Williams will prepare a draft letter
Cllr Wight suggests to write to OVE, Minster, Planning Inspectorate and Press detailing that there is no point in councils preparing a Place Plan as it seems it is not taken into account or even considered.
Cllr Blackman concerned that these properties are labelled ‘retirement homes’. He asked whether there will be a legal condition applied to the sale that people aged 55+ will only be able to purchase? Cllr Ransome said that although the community is certainly in need for retirement homes, it is more of the case of social housing or affordable homes
RESOLVED: The drafted letter to Julie James will be amended to include the councils disappointment on how the appeal has been dealt with. Cllrs Wight and Williams will prepare a draft letter to the Planning Inspectorate.
iv. Cllr Wight reported that during Covid19 England have approved that construction working times can be extended to 9.00pm. He proposed that the council together with Cty Councillors Hinds and Williams should write to Andrew Farrow, FCC Chief Planning Officer to express their objection to this should Wales follow suit due to residents working from home, business working from home, wellbeing of residents.
RESOLVED: the Council will write to Andrew Farrow to submit their objections at this time should Wales consider an extension to construction working hours.
11. COVID19
i. Cllr Blackman reported that there has been a great response to donations for books, puzzles etc. There has been no response from the Penyffordd Volunteer Group regarding collection of any books and has now opened this up to all residents which resulted in around 10 residents collecting today. He will remain open at the Legion Monday, Wednesday and Friday 11.30 – 12.30. Cllr Ransome fully supported it being open to the wider community. She also reported that the council’s letters and puzzle books for the pensioners has been very well received. She asked whether the council could consider purchasing more puzzle books?
Cllr Ransome also asked whether the council could consider further support for the pensioners e.g small pot plant, tea & biscuits. This was fully support and Cllr Wight asked members to think of any other ideas which are to be passed to the clerk.
RESOLVED: the council will purchase a further 25 puzzle books. Members are to forward to the Clerk any additional ideas on how the council could support our pensioners for next week.
ii. The council considered the safe return to work for the Streetscene Operative. Cllr Wight advised that the Clerk has undertaken a review of his Risk Assessment and the council would be required to purchase additional PPE.
The Clerk advised that he would be required to review and sign the Risk Assessment together with being provided the additional PPE before being able to return, which would be expected to be mid next week.
Cllr Blackman suggested that whilst he is around the village that he could also keep an eye/ear out for any residents who may need assistance.
RESOLVED: the council approved that with the additional PPE and Risk Assessment they consider it safe for the Streetscene Operative to return to work. The Clerk will source the additional PPE and issue the revised Risk Assessment.
12. Bank Balances and Accounts for Payment
RESOLVED: The above accounts be processed for payment. The list of accounts for payment will be signed by the Chairman of Council and/or the Chairman of Finance together with it being countersigned by two bank signatories at the first face to face meeting of the council.
13 Correspondence
The following correspondence was received, acknowledged and noted.
A copy of the letter Jack Sargeant received from Julie James Am.
An email from OVW regarding Applications for local places for nature re-opened to community and town councils.
Cllr Bestwick reported that the council has made and been successful in a grant for land behind Westview, however, approval from FCC is required as they are the land owners. He has made numerous attempts to contact FCC Valuation and Estate with no response., he asked whether Cllr Williams could assist him.
RESOLVED: Cllrs Williams and Bestwick will continue to chase FCC Valuation and Estates.
14. Members Items (AOB)
Cllr Williams advised that there are still payments due to be received from Sponsor a Tree which he will chase. There are still a few remaining fruit trees that require planting at Melwood and Millstone play areas. Cllrs Williams and Wakelam will co-ordinate these (adhered to social distancing guidelines).
Cllr Williams advised he will continue to send vie email the FCC daily updates and will edit these for the noticeboards. The noticeboards will be updated weekly.
Cllr Priddin raised the issue of the Welsh Flag for VE day following the majority decision from the council that a flag would not be purchased, that a flag was subsequently put on the clock tower. Cllr Williams reported that as County Councillors he and Cllr Hinds purchased and installed the flag as it was them who had received complaints. Cllr Ransome commented that the decision made was not to ignore our welsh roots and given the circumstances the efforts made were testament. She felt that their gesture implies the council acted improper.
Cllr Wakelam reported that hedges have been cut on a residential property backing onto Melwood Park and the cutting haven been left on the park. This will be reported to Ian Williams FCC Streetscene.
Cllr Wight commented that he was aware that the plot of land that the Clock sits was gifted to the community in 1951 as art of the Festival of Britain, therefore next year will be 75 years and maybe the council could look at tidying up the clock brickwork and surrounding area. He asked for this to be included on the June agenda.
Cllr Wight suggested that to help residents learn more about their local councillors that we could do a ‘Getting to Know Us’ whereby members are given a list of questions to answer, to allow residents to know who we are. Balanced between formal and light hearted this could be published on Website, social media, leaflets to pensioners.
The meeting commenced at 6.30pm and closed at 8.50pm
Chair………………………………………………….. 10th June 2020
You can view the Appendices by clicking here