BRAMPTON ABBOTTS & FOY GROUP COUNCIL
MINUTES OF THE EXTRORDINARY COUNCIL MEETING HELD ON
TUESDAY 27th OCTOBER 2020, ONLINE VIA ZOOM AT 7PM
Councillors: R Lewis (Chairman), D Teague (Vice Chairman), G Watts, I Pebody, E Evans,
J Scudamore and O Marshall.
In attendance Jennifer Eva – Parish Clerk
Public: Graham Marsh (Village Hall Trustee & Steering Group Member)
This meeting was recorded for the purposes of the minutes.
- APOLOGIES FOR ABSENCE
Apologies for absence were received from Ward Cllr Durkin (Illness).
On behalf of the PC the clerk will send Cllr Durkin well wishes for a speedy recovery.
- DECLARATIONS OF INTEREST
49.1 Cllr Lewis declared pecuniary interests on items 4.1, 4.3 and 5.
49.2 Cllr Marshall declared a pecuniary interest in item 5.
- MINUTES OF THE PREVIOUS MEETING – 29th SEPTEMBER 2020
RESOLVED: to approve the minutes as a true record of the meeting.
- PLANNING – to consider planning applications to be decided by Herefordshire Council;
Members considered the appeal decision to allow app. 200262 on land adjoining 1A The Grove.
The PC did not support this application for the following reasons; site access safety issues, removal of a section of ancient hedgerow, potential for surface water runoff, site is outside the defined Settlement Boundary (NDP SB) as set out in the draft NDP and the development would not enhance the natural or scenic beauty of the AONB.
A lengthy discussion ensued and members expressed their concerns at the appeal decision. Questions were raised as to why the draft NDP did not carry sufficient weight to prevent this development which is outside the specified NDP SB.
RESOLVED: for the clerk, Cllrs Lewis and Teague to meet with members of the Planning/NDP Team at HC to gain clarification on the following; 1) Where does the draft NDP stand in regards to future applications outside the specified NDP SB? 2) What is the process for reviewing the NDP SB and making changes? Following this meeting the PC will contact Bill Wiggin MP.
Members agreed to alter the running order of the following agenda items.
51.1 Planning for the Future Consultation – to consider making a response to the proposals.
Members considered the consultation and agreed that it appears to be opposed to the Localism Act 2011, that aims to facilitate the devolution of decision-making powers from central government control to individuals / communities.
RESOLVED: for the clerk to make a representation on behalf of the PC, pointing out that plans for NDPs appear to be geared towards the design of developments as opposed to the current purpose of the substance and siting of houses.
52.1 Legal Topic Note 87 (LTN 87) for Procurement
Members considered LTN87, as provided by NALC/HALC at it is pertinent to the Phase 1 VH works. The document sets out an explanation of councils’ responsibilities under the 1972 Act (England and Wales), an explanation of the bodies and contracts which are subject to the 2015 Regulations (England and Wales), an explanation of the Contracts Finder provisions and other light touch requirements for procuring and awarding contracts covered by the 2015 Regulations which are valued over £25k (England only) and an overview of the complex requirements for procuring contracts covered by the 2015 Regulations which are valued over £189,330 for a public supply or public service contract or £4,733,252 for a public works contract (England and Wales).
Members noted that the procurement exercise is subject to the requirements in s. 135 of the Local Government Act 1972 and the Public Contracts Regulations 2015.
Graham Marsh highlighted sec. 11, bullet point 2 that states : A council does not advertise an opportunity where it makes the opportunity available only to a number of particular economic
operators who have been selected for that purpose (whether ad hoc or by virtue of their membership of some closed category such as a framework agreement), regardless of how it draws the opportunity to the attention of those economic operators (i.e. if a council has an arrangement with a limited number of approved organisations to undertake work for the council);
RESOLVED: as per the information above, the PC will contact a select number of particular ‘economic operators’ i.e. contractors that have been selected to quote for Phase 1.
52.2 To review and adopt the model Financial Regulations 2019 (NALC).
Members considered the model financial regulations, as provided by NALC, and considered how to incorporate the LTN 87 into section 11 Contracts.
RESOLVED: to include LTN 87 into section 11 and adopt the financial regulations.
Cllrs Marshall and Lewis declared interests in the following items and left the meeting. Cllr Teague took over as Chairman for the duration of the meeting.
- VILLAGE HALL
Cllr Watts confirmed that the Project Manager, Ian Edwards, has been on site to conduct a measured survey of the hall.
The clerk circulated a list of potential contractors to all councillors before the meeting to identify any personal / business connections prior to the tender process. Cllr Teague declared a none pecuniary interest to one of the contractors listed in relation to his position as a Trustee / Director at St Michael’s Hospice.
RESOLVED: the clerk will contact HALC for guidance as to whether this contractor should be discounted from the tender process following Cllr Teague’s declaration.
53.1 To consider the steering group’s risk register for phase 1.
The PC is required to implement a risk register for a project of this nature, specific to the works.
Graham Marsh presented the phase 1 risk register on behalf of the steering group, which has used the industry standard rag rating – RED, AMBER and GREEN. Members were informed that this is a live document that will be continually reviewed and presented to the PC on a monthly basis for consideration.
Cllr Teague queried the following points; who is responsible for this document and who is responsible if a risk is missed and something goes wrong. Cllr Scudamore confirmed that the steering group is responsible for preparing the document but the overall ownership, scrutiny and acceptance of any document provided by the steering group is that of the PC. This information was noted.
RESOLVED: that the PC accepts this risk register as provided.
Graham Marsh left the meeting and Cllr Marshall returned.
- P203013/O – Outline Permission for the erection of two dwellings … on land east of Townsend Farm … Church Road … Brampton Abbotts … HR9 7JE.
When considering this application members took into account the pre application advice from HC and the Area Engineer’s response;
- a) Pre application advice from HC that states “the principle for 2 new dwellings based on current weighting of policies is acceptable considering settlement has been identified as a focus for proportionate housing growth under policy RA2 of the Herefordshire Core Strategy, however, as the NDP progresses the weighting of policies will be as such that the proposal would not be suitable due to its location outside of the Settlement Boundary and that it should be borne in mind that Brampton Abbotts has already delivered much of its targeted growth”.
- b) Area Engineer’s response “Herefordshire Council does not support any further increase in development along this stretch of Highway. The carriage was is significantly narrow and the forward visibility is also restricted”.
Members acknowledged the plans fall outside the NDP SB, the highway is narrow, there are visibility issues and the development is in an AONB. Some members emphasised the need for the PC to be consistent with its approach to developments outside the NDP SB, whilst others felt that the plans were acceptable, subject to approval from the Highways Officer.
FOR: OM & JS
AGAINST: DT, GW, CGL, IP & EE
RESOLVED: to object to this application as it falls outside of the draft NDP SB.
- Mobile home – to note that a member of the public has contacted the clerk with concerns about the recent addition of a large mobile home to land at Townsend Farm.
Members noted this information and it was agreed for Cllr Scudamore to make enquiries with the owner as to the purpose of the mobile home.
With no further business the meeting was closed at 20:22
Signed: …………………………………………… Date: …………………………………………