Parish Council
Minutes of the Meeting of the Parish Council
held on 10th March 2021 at 7.30 pm via Zoom.
PRESENT:
Cllr. Moore (Chairing), Cllr. Bell, Cllr. Cruse, Cllr. Duffield and Cllr. Rowlands.
IN ATTENDANCE:
Cllr. Daniel (WDBC) (part meeting) and Andrew Wyer (Clerk).
Mr. Kevin Sales.
496/1 APOLOGIES
Apologies were received from Cllr. Grubb.
496/2 PUBLIC PARTICIPATION
There were no issues raised.
496/3 DECLARATIONS OF INTEREST
There were no declarations of Interest.
496/4 CO-OPTION
It was resolved to co-opt Mr. Kevin Sales to Sticklepath Parish Council. (Proposed by Cllr. Cruse, Seconded by Cllr. Bell). Cllr. Sales signed his Declaration of Acceptance of Office and participated in the rest of the meeting as a Councillor.
496/5 APPROVAL OF THE MINUTES OF THE MEETING HELD 13th JANUARY 2021
It was resolved to approve the minutes of the Parish Council meeting held on Wednesday 10th February 2021. These will be signed at a later date. (Proposed by Cllr. Cruse.)
496/6 ACTIONS REPORT
6.1 Increase awareness of safety issues on road to South Zeal – Cllr. Duffield confirmed that he had been actively liaising with DCC and the school about possible signage. Location and method of securing any signs would need to be agreed and legal. South Tawton PC were keen to keep a log of issues and incidents on the road as evidence to justify future actions. The design could be the result of a competition at the school, with prize(s) being donated by Sticklepath PC and/or South Tawton PC.
6.2 Post notice on website that the Village Workday had been cancelled. – Cllr. Bell confirmed that this had been done.
6.3 Follow up with DNPA re: former Highways Depot – Cllr. Grubb had sent information confirming that he had been in contact with DNPA over this and several other enforcement matters, all of which were still ongoing. ACTION: Cllr. Grubb to provide update to next meeting.
6.4 Councillor eligibility checks – The Clerk reported that he had been in contact with Cllr. Sales prior to the meeting and was satisfied that he was eligible to stand. In addition he had provided additional information and guidance on the role of a Councillor to ensure Cllr. Sales understood what he was agreeing to.
496/7 COUNCILLOR REPORTS
7.1 Chair’s Report – Cllr. Grubb was unable to attend the meeting so there was no additional report.
7.2 WDBC Report – Cllr. Daniel was having trouble connecting to the meeting, so this item was deferred to later in the meeting.
7.3 Committee Reports – Cllr. Bell (Playing Field Committee) reported that the swings project would be likely to cost in the region of £3000. Some initial funding opportunities had been identified but that there would be much more needed. Cllr. Cruse (Coronavirus Hardship Fund Committee) reported that there had been no new requests.
7.4 Any other reports – Cllr. Moore reported that work had started at the back of St. Mary’s to create for the Heritage Project and to make a more flexible meeting space for the church. The project has raised about half of the funds that they are hoping to achieve. Cllr. Cruse reported that she would need to buy some compost and plants for Ladywell and the troughs. The Clerk confirmed that the budget for this was allocated and available. Cllr. Rowlands reported that the Beating of the Bounds is being planned for 25th September 2021, which hopefully should be late enough in the year to be Covid restriction free but while the weather is still good. There will be preliminary route walk in June and any necessary clearing work done in September. A good number of people had already volunteered to be involved and it is hoped to make it into a real community event. Cllr. Moore reported that StOC will be celebrating their 30th anniversary on 17th September 2021.
496/8 FINANCE
8.1 Current Year Finances – The financial reports for the current year had been circulated before the meeting. The Clerk reported that one of the transactions agreed at the last meeting had not gone through, so there would be two zoom payments to authorise this month. In addition, as reported at the last meeting the HMCEF grant had come back at a lower amount than had been budgeted for, so this had increased the number of “red” markers on the report. It was resolved to accept the reports. (Proposed by Cllr. Moore).
8.2 It was resolved to approve the following payments (set up by the Clerk and to be approved by Councillor Cruse): (Proposed by Cllr. Moore)
Mr. A Wyer Salary £140.91
HMRC PAYE £35.20
Mr. A Wyer Zoom Subscription £14.39
AB Web Design Website costs £150.00
AB Web Design Website redesign £800.00
Community Heartbeat Defib. Phone system £120.00
Ink Print Newsletter printing £33.00
The Clerk asked those Councillors who are set up on the system but currently locked out or unable to access the system to contact the bank to get re-instated or new card readers, so there were more Councillors available to approve payments. Recently appointed Councillors would also need to be set up on the system, but this may have to wait until after Covid restrictions. ACTION: Clerk to share the account information with Councillors who need it.
496/9 PLANNING
9.1 There were no applications to consider.
9.2 There were no decisions to note.
9.2 There were no other matters to note.
496/10 FOOTPATH AND LANDOWNERSHIP
(Cllr. Daniel WDBC joined the meeting during this item.)
The report (attached as Appendix 1) was discussed. The lack of ownership and consequently, responsibility for the maintenance and repairs to the path, bridge and Billy Green area mean that this issue will only get worse and more expensive going forward. Cllr. Daniel had been involved in organising a meeting which included Cllrs Grubb and Moore and the National Trust which had been helpful and constructive. The report identifies various discussions and investigations required to ensure that an informed and considered decision can be made about how/if ownership and access can be confirmed. ACTION: Cllr. Moore to continue to lead with assistance from other Councillors and/or Clerk as appropriate.
496/11 Deferred Agenda Item 7.2 WDBC REPORT
Cllr. Daniel reported that the National Trust meeting (see minute 496/10) had been very helpful, and referred to the report from Paula Clarke, NT Community Involvement Manager that had been circulated to councillors. Cllr Daniel had to report WDBC decision to raise the Council Tax by £5. This is necessary to plug a £1.5m budget deficit but had not been an easy decision or one taken lightly as they are aware of the financial hardship currently being experienced by many in the area. WDBC are trying to not cut services and support the Leisure Centres and this increase should balance the budget.
496/12 WEBSITE REDEVLOPMENT
The “content” of the website is not expected to change but the style and design will be refreshed as part of the redevelopment. The new website may be available to go live before the next meeting. It was resolved to delegate Cllr. Bell to approve the new designs (or to bring them to the next meeting). (Proposed by Cllr. Cruse)
496/13 TREES
The report (attached as Appendix 2) was discussed. It was resolved to crown lift the trees over the road and two near the pavilion to ensure the streetlights were not going to be obscured when the trees came into leaf. This should cost in the region of £450 and would have to come from General Reserves. The tree that appears to have been poisoned will be reassessed in the spring (with the other trees as part of their annual inspections.) ACTION: Clerk to investigate prices for felling this tree. (Proposed by Cllr. Bell)
496/14 MEETING FORMATS AND DATES
The existing Coronavirus Regulations are due to expire in early May and there is no clear guidance on how Council meeting can/should be held safely after that date, especially considering many members of the public will not have had both vaccine doses by then. The Council is obliged to hold its Annual Meeting of the Parish Council (AGM) during May, (to elect a Chairman and confirm other responsibilities) so it was resolved to hold this meeting virtually on Wednesday 5th of May 2021. Further, it was resolved to not call the Annual Parish Meeting (APM) at this time but to leave it until later in the year when residents would be able to actually attend. Although the APM is normally run by the Parish Council on behalf of the community, it is not an actual meeting of the Parish Council so holding the meeting will be dependent on Coronavirus legislation rules rather than Parish Council legislation. (Proposed by Cllr. Moore)
496/15 VERGES & OPEN SPACES MANAGEMENT PLAN
As Cllr. Grubb was not present, and the Coronavirus restrictions remain in place, this item was deferred to the next meeting. (Proposed by Cllr. Moore)
496/16 CORRESPONDENCE
Cllr. Daniel updated the Council on funding for the feasibility study costs identified in 15.1 Sustrans Report. The Clerk flagged up 15.8 as a complaint, which he would reply to and that 15.11 was a Consultation which individual Members may wish to respond to. It was resolved to note the Correspondence and road closure. (Proposed by Cllr. Moore)
496/17 DATE OF NEXT MEETING
The next meeting will be held on 7th April 2021 at 7:30pm via Zoom.
The meeting closed at 20:59pm.
Appendix 1:
Report to Sticklepath Parish Council 12th February 2021
Rights of Way through Billy Green and across the Taw River.
A recent review of the footbridge across the Taw River noted that the structure will need replacing at some time. Although this might not be for some years, the largely wooden structure is showing wear on the treads and these are supported by wooden beams which will deteriorate.
Ranger Ian Brooker has presented an initial report to the DNPA to raise the issues as to how any replacement might be considered, and grant funding secured.
However, this has also raised the question about the status of the footpath over the bridge, through Billy Green, Finch Lane or across the Finch Meadow.
In fact, this is not a designated public right of way. This has two implications:
• if there is no agency willing to pay for the bridge replacement, and to take responsibility for it thereafter, it is possible that it would be removed when it becomes unsafe
• if the implicit permission to cross Finch meadow were to be withdrawn by the NT, there would need to be application made for designation based on continuous public use. This would not be assured, because the route might only go to Billy Green.
There is ongoing debate within SPC as to the management of Billy Green, and it has been added to the consultation process engaging views of the community as to how it should be maintained. However, it is understood that the Green does not belong to any person or agency, although the SPC has more recently commissioned some protection of the path, and funds a strimming programme.
Whereas the Bridlepath/Skaigh Lane is also recognised as having no ownership, there is a requirement on the Devon County Council to maintain this as a bridlepath/ part of the Tarka Way, in liaison with DNPA. Crossing the bridge has not been accepted as a formal right of way, although it is a popular route for visitors and resident walkers/dog walkers.
To secure the right of way requires the adoption of the bridge and the accountability for its replacement to be accepted by a public agency.
It also requires that the footpath is designated and adopted by the County Council at the same time, or that permissions are given by owners of the land. There is potential to apply for designation of the right of way by an individual or agency; preferably by a Common Law application; i.e. if there is no objection by any landowner, and as it has been used by the public for an appreciable length of time. However, this does seem to be a bit more difficult to make an application over common ground i.e. where there is no ownership of the land.
History of the Bridge structure: The Bridge was commissioned and funded by DCC as part of the Tarka Way development in the 1990’s, using a specific Government Grant. DNPA agreed to support this construction by giving Ranger time, supervising StOC volunteers to build it. Some modifications have been made by the Ranger and volunteers over the last few years, but DNPA will not take responsibility for the bridge. In 2018, there was an attempt to clarify responsibilities for the bridge, following correspondence between SPC, DNPA and DCC but to no conclusion, and with insufficient records of the original commission. When there was possible damage to the bridge/damming by a fallen tree, it became clear that the Environment Agency had no responsibility for the bridge or path.
Further information; the other significant bridge on this section of the public footpath to Belstone, i.e. the Tarka Bridge, was also constructed within the same initiative and funding, and with Stoc volunteers in the 1990s, but it is now maintained by the Skaigh Trust.
Proposals
1. SPC should formally request DCC Highways to adopt the Billy Green Bridge that they originally commissioned and funded.
2. It would have more weight if we could do this with collaboration with DNPA and the NT.
3. SPC could claim ownership/registration of Billy Green and then secure the path as a permissive way. However, designation or permissive access would not be viable without agreement for the same over the National Trust land.
4. If 3 is accepted, SPC adopts responsibility for maintenance of the Billy Green path, including drainage from the Finch Meadow.
Actions
1. To propose a zoom meeting between the SPC, NT and Andrew Watson DNPA to agree a joint approach to DCC to secure their adoption of the Billy Green bridge and the designation of the entire right of way from the main road to Skaigh Lane/bridlepath.
2. To explore the feasibility of registering the ownership of Billy Green, including liabilities and insurance implications.
3. To work with the NT to solve the drainage problems from Finch Meadow, including the commission of volunteers to channel/pipe water away from the Billy Green footpath.
4. To explore potential to safeguard the riverside footpath to the bridge.
Cllr Derek Moore
Appendix 2
2021 Interim Tree Inspection report