Minutes of the meeting of the Penrice Community Council held on ~Monday 14^th May 07

At Oxwich and Penrice Youth Hall at 8.05pm

Members Present: Councillor A Glass – Chairman

Councillor A Oliver

Councillor G Davies

Councillor T Methuen-Campbell

Councillor B Richards

13/07 Apologies for Absence.

Cllr I Williams

14/07 Declarations of Interest.

Cllr B Richards declared a personal interest in the Planning Items, he did not speak or vote during this item.

Cllr T Methuen Campbell declared a possible interest in items regarding the Commons registration hearings.

15/07 Minutes of the meeting held on Thursday 12^th April 2007.

The minutes of the meeting were agreed to be a true and accurate record.

Proposed: Cllr G Davies seconded: Cllr T Methuen-Campbell

16/07 Matters Arising from the minutes.

07/283 A Printer had been purchased for £46.99 Brother make from ‘Makro’.

07/289 The insurance had requested a value of the notice boards and benches for insurance purposes. Following a discussion Council decided that a value estimation of £600 per notice board and £300 per bench for new for old replacements. If policy new for old Clerk to add to insurance. SC

07/302 Cllr G Evans had sent a letter of resignation.

The Clerk had received two letters of application from Mr Barnett and G Roberts. Clerk advised that the statutory notice would need to be advertised for 14 days and if no election called the Council could co-opt. Council agreed two applicants for two positions at present, one had already been interviewed and all Members knew the other. Clerk to invite the two to the next meeting. SC

07/310 Broadband – Gower Website had also identified broadband accessibility problems. Cllr A Glass had been asked to write a letter on behalf of Penrice CC outlining the problems and copy to Edwina Hart and Andrew Davies. AG

07/313 Bench – agenda next meeting

07/314 Cllrs B Richards and G Davies declared an interest in this item and did not speak or vote.

16/07 Matters Arising from the minutes cont….

07/314 Cllrs A Oliver and A Glass had met with Tom Gronow of the CCS Planning Department, and gave a verbal report to members. They had requested a letter be sent to the PCC stating exactly what planning permission Greenways had for the site. This letter had not been received at the time of this meeting. Cllr A Oliver to chase. AO

Members considered the possibility of Bryan Graham and Tom Gronow attending a PCC meeting to inform Members and the public of the exact planning permission Greenways had in total.

17/07 County Councillor R. Lewis.

No report

18/07 Community Councils.

None

19/07 Correspondence

· Letter of resignation from Cllr G Evans Dealt with earlier in the meeting

· Letter of application for the position of Councillor – G Roberts Dealt with earlier

· Letter of application for the position of Councillor – M Barnett Dealt with earlier

· Commons Registration hearings details of hearings week commencing 4^th June 07.

· Copies of e mails from J Ellis and Cllr T Methuen-Campbell were read to Members.

Cllr T Methuen-Campbell did not see the public benefit of objecting to the registration of the land known locally as ‘Horton Village Green’. Cllr T Methuen- Campbell thought that the village green register was closed at present and was concerned that if the land was not registered as common land, then would also not be able to be registered as a village green, which would not benefit the public. He added that it was extremely unlikely that the area would be developed in an AONB area.

Jan Ellis thought that if the Council did not object, then as this would cause bad feeling with the public, as they were expecting the Council to object following a previous decision.

Cllr A Glass – Council had decided a long time ago to object to the land being registered as common on the understanding that it could be registered as a village green, but if this was not possible to do then objecting would not protect this land for public use.

Jan Ellis – the people of Horton want the land as a village green and this can only be done if the land is not registered as common land.

Cllr A Glass – would liase with the Gower Society Malcolm Ridge to see if they would withdraw their application.

Council decided to call an extra-ordinary meeting at Horton Village Hall Thursday 31^st May 07 to discuss and decide this issue, inviting local residents to attend to hear their views.

· The City and County of Swansea – Planning department Application no 2006/2663 Coastlands, Oxwich . Two detached dwellings Approve

· The City and County of Swansea – Planning department Application no

2007/0514 Hayswood Cottage, Reynoldston. receipt of letter

· The City and County of Swansea – Planning department Application no

2007/0645 Bank Farm, Horton caravan rally Approve

· The City and County of Swansea – Planning department Application no

2007/0412 Bank Farm, Horton tennis court Approve

· E mail from Jeremy Bowen – informing the Council of the state of Green Lane

Council resolved to investigate. Clerk to reply SC

20/07 Financial.

Council decided to discuss the Clerks Expenses in Camera at the end of the meeting.

Details chq no amount VAT Total

Makro printer 309 46.99 7.00 39.99

Horton Village Hall 312 50.00 0 50.00

Cash in bank 30^th April 2007 £ 7072.52

21/07 Planning

Application no: 2007/0956 Applicant: Mr & Mrs Littlejohns

Application Site:1, Underhill Lane, Horton Proposal: Two storey side extension

Council decided – no objection

Application no: 2007/0950 Applicant: The Caravan Club

Application Site: Bank Farm, Horton Proposal: Caravan rally

Council decided – no objection

22/07 Rural Swansea Local Action Group.

Deferred until the next meeting

23/07 Broadband at Oxwich.

Dealt with earlier in the meeting

24/07 Footpaths

The footpaths by the Chalet Park are in a really poor state, the small trees were not cleared. Cllr G Davies to contact Steve Parry, The City and County of Swansea. An area of Slade was eroding and had been sectioned off. GD

25/07 Matters Outstanding

none

20/07 Financial Council decided to hold this part of the meeting in camera.

Minutes of the extra-ordinary meeting of the Penrice Community Council held on ~Thursday 31^st May 07 at Horton Village Hall at 7.30pm

Members Present: Councillor A Glass – Chairman

Councillor G Davies

Councillor T Methuen-Campbell

Councillor B Richards

1.Apologies for Absence.

Councillors A Oliver, E Wakeford and I Williams.

2.Declarations of Interest.

None

3 To discuss and decide the course of action to be taken by Penrice Community Council, at the Commons Registration Hearing regarding the land known locally as ‘Horton Village Green’.

The Chairman advised the meeting that the Penrice Community Council had purchased the land known locally as ‘ Horton Village Green’ in 1993. An application had been made to register the land as common land by the Gower Society prior to the purchase, and Penrice CC had lodged an objection, on the basis that it was being used as a village green prior to 1983, and this is how Penrice CC wants it to be regarded/ and registered. It has remained in limbo since then. . Penrice CC has been advised by Cllr Thomas Methuen-Campbell, and Edward Harris, a local solicitor acting for Gower Society, that the register for village greens was at present closed. The Council were therefore working towards withdrawing the objection to the common land registration in order to give the land some protection, and when the new legislation comes into effect, to re-register as a village green in order to ensure a higher degree of protection for the land. Cllr Glass had spoken to Malcolm Ridge of the Gower Society, who had advised that Penrice CC should attend the hearings and tell the Inspector that the objection was to be removed in order to register the land as a village green in the future.

Jan Ellis stated that village green applications are still open, but was unsure whether Penrice CC could achieve it. This is based on advice from Rory Crigland of the City and County of Swansea.

Mr David Moulson queried whether the land was ‘Manorial Waste’. Cllr T Methuen-Campbell advised that may be on the records and if so would be produced at the hearings.

Jan Ellis advised that the City and County of Swansea were making objections to similar areas of land.

‘Manorial waste’ was explained as open, un-enclosed, un-cultivated area of land that once belonged to the manor.

Jan Ellis thought the council should consider this in two parts

1 What is the best strategy to achieve what we want to achieve.

2 What is presented to the Commissioner.

Question: What if this land is designated as common land - can the City and County of Swansea compulsory purchase it?

Ans: If Penrice CC was dissolved or there is a change in government structure, then the City and County of Swansea automatically takes ownership of the assets of the community council.

P Muxworthy stated that dune areas need fencing in order to protect the marron grass, and if registered as common land, they could not be fenced. Cllr T Methuen-Campbell advised that the dredging companies had stated that the grass planting had caused the loss of sand from Horton.

Cllr A Glass stated that this situation had been in limbo since the 1970’s and that everyone was agreed and in favour of trying to ensure the fullest protection for this land as a village green.

Gavin Roberts questioned if during the discussions at the hearings, can a change of mind happen in this short time frame?

A former Clerk advised that Penrice CC were told that by just being owned by a community council offered the same protection as a village green, but this seems now not to be the case.

Setting up a trust was suggested. All agreed this was an option, but due to the now short timeframe would not be possible.

Cllr T Methuen Campbell advised that the new Act of Parliament would not come into effect until October 2007, and this causes a situation of limbo whilst we are between legislation. In 6 months the law will be clear, but in the meantime registration as common land should afford some protection to the land.

Jan Ellis queried the ‘manorial waste’ element. Cllr A Glass advised that PCC would not have to touch on the ‘manorial waste’ issue.

Question: If designated as common land is it still owned by the Penrice CC, and that Penrice CC would not lose any rights as far as is known at the moment?

Ans Still owned by Penrice CC.

David Moulson agreed the registration as common land should be allowed, though he did not want this, but supported the Council’s intentions.

It was proposed that Cllr T Methuen Campbell attend the hearing on Monday and will liase with Cllr A Glass in order that one or other to be present when this application time was known, to represent Penrice Community Council. Penrice C. C. would present to the Commissioner that it intended to register the land known locally as ‘Horton Village Green’ as a village green. Penrice C. C. are to query whether it will be possible under the new legislation, which will be in effect in October 2007, to re-register the land as a village green if it removes its objection and allows the registration as common land to go ahead as a temporary measure. If this is not possible to do, then Penrice C.C. are to retain the objection, hopefully supported by the Gower Society with the intention of registering the land as a village green, in order to afford as much protection as possible for the land.

Cllr A Glass advised that after a few conversations with Malcolm Ridge of the Gower Society, he was confident that they were in support of the Council in trying to get as much protection for the area as possible.

Cllr T Methuen-Campbell suggested that the Penrice C.C. gave an undertaking to the Gower Society to confirm their intentions. Cllr A Glass will confer with Malcolm Ridge prior to the hearings.

A show of hands was requested by Cllr B Richards from the 25+ members of the public present to confirm that all present were in agreement with the course of action decided by the Council and this was agreed with the exception of one.

Cllr T Methuen-Campbell did not think that the case for objecting to the registration of the land as common land under the law would be strong enough to be successful, but was fully supporting the Council’s intentions to ensure the land was protected.

Cllr G Davies proposed that Cllr T Methuen Campbell attend the hearing on Monday and will liase with Cllr A Glass in order that one or other to be present when this application time was known, to represent the Penrice Community Council. Penrice C. C. would present to the Commissioner that it intended to register the land known locally as ‘Horton Village Green’ as a village green. Penrice C. C. are to query whether it will be possible under the new legislation, which will be in effect in October 2007, to re-register the land as a village green if it removes it’s objection and allows the registration as common land to go ahead as a temporary measure. If this is not possible to do, then Penrice C.C. are to retain the objection, hopefully supported by the Gower Society with the intention of registering the land as a village green, in order to afford as much protection as possible for the land.

Seconded by Cllr B Richards. Carried unanimously.

The meeting ended at 8.40pm