Minutes of the meeting of the Penrice Community Council held on ~

Thursday 20th November 2008.

At Oxwich and Penrice Youth Hall

 

 

Members Present:                    Councillor G Roberts – Chairman

Councillor J Bowen

                                                Councillor B Richards 

                                                Councillor A Oliver

                                                Councillor A Glass

                                                Councillor R Lewis

                                                Councillor A Lewis

                                                Councillor M Barnett  

 

Twelve members of the public were also present.

 

86/08                Apologies for absence

 

Cllr T Methuen-Campbell

 

87/08                Declarations of Interest

 

Cllr B Richards declared a prejudicial interest Planning items relating to Bank Farm, including the letter from Simmonds Hurford Solicitors letter, due to being the owner of Bank Farm.

 

Cllr A Oliver declared a personal interest in the Agenda item High Kiln Bank, Slade due to farming land adjacent to this property.

 

Cllr G Roberts declared a prejudicial interest in an item to be discussed under Correspondence relating to the complaint made to the Local Government Ombudsman.

 

88/08                To Confirm the minutes 8th October 08

 

Amendment:  Item 78/08 Correspondence

To follow no 7. Viewing this proposal from most aspects was of concern….

Add -             8. Whether every Councillor was on the Penrice Community Council for the benefit of the community or for their own benefit.

 

Cllr J Bowen proposed that with the amendment, the minutes were a true and accurate record, seconded Cllr A Glass.  Carried unanimously.

 

89/08                Matters Arising

 

Item 62/08  CCS – not received and at meeting

 

Item 69/08 Meeting with Chris Dale CCS Cllr G Roberts reported-

Cllrs G Roberts, J Bowen, A Oliver and the owner of Craig-y-Don, Mr Peter Nicholas met with Chris Dale, CCS to try and rectify the surface water problems. A drain was considered but following discussion,  it was agreed to try aggregate to allow the water to drain  through which would be a cheaper option.  Chris Dale would report back to the Council following further investigation.

 

Item 77/08  Cllr J Bowen reported that One Voice Wales would be providing a training day in January full details t.b.a.

 

Item 80/08  The Gower Society had provided a spreadsheet that had recorded planning applications, approved and rejected,  of caravan rallies in the Gower area.

 

Item 80/08  Shore Cottage – letter instructing the Solicitor to proceed had been sent.

 

Item    82/08 no 3  Horton Village Green Fireworks display and Bonfire was again very successful and was enjoyed by many.  Letter of thanks to Courtney Grove for his contribution.                                                                              SC

 

90/08                County Councillor R Lewis

 

Cllr R Lewis reported that he had attended a meeting with the Fire Service in Carmarthen and that the Service was in a period of analyzing their operations. 

90/08                County Councillor R Lewis cont..

 

Due to this analytical procedure, a saving of £255,000 had been made.

 

A very good service had been provided at the recent flooding problems experienced at Pontardulais.

 

An All Wales Fire Service was not what was wanted.

 

QE 2020 for local schools – Llanrhidian School has been closed due to the discovery of underground caverns.  It is hoped that this will be opened in January.

 

The Leisure Centre was still going very well and the Winter Wonderland was once again opened in the Centre of Swansea.

 

Cllr Lewis had raised the problem of three large pot holes in the Penny Hitch, Oxwich with Cllr Hague and Chris Gibbins.

 

The road works to accommodate the ‘Bendy bus’ in Swansea had cost approx 3-4 million pounds, money that had been received from the Welsh Assembly.

The First Cymru depot had also to be altered to carry out repairs and when this work was finished the buses would be in operation, in the new year.

 

91/08                Community Councils

 

  1. The CCS had produced a review of the Community Council election results                         For info.
  2. CCS – The Town Council Forum  meeting was to be held on 25/11/08.                               For info.

 

92/08                Correspondence

 

  1. CCS – An invitation to the Lord Mayors Carol Service.                                                       Noted
  2. The Information Commissioners Office  - The Freedom of Information Model Publication Scheme

The Community Council need to adopt a new Publication Scheme by January 2009.  Deferred until  the next meeting.

  1. CCS -  Notification that the CCS is to adopt the new UDP with all relevant modifications.     Noted
  2. CCS – Notification that the Planning Application no 2008/1189 The Pines, Oxwich had been forwarded for appeal to the Planning Inspector.
  3. Fairbridge Charity – Financial Request.                                                                            Noted
  4. CCS  - Training
  5. The Boundary Commission – Notification of workshops                                                     Noted
  6. The Gower Website- minutes                                                                                          Noted
  7. An e mail received from Mr Thursfield regarding the rubbish along the Gower beaches.  Following a discussion, Council decided to forward the email to the National Trust.  It was agreed that the CCS do actually carry out rubbish clearing from time to time. Copy of letters to CCW and Penrice Estate.                          SC                   
  8. CCS Planning Department letters updating on Planning Applications

2008/1728 – Approved          2008/1721 – Approved    2008/1682 – Refused

20081884 – Approved           2008/1950 – Refused                  2008/0720 – Approved

2008/1886 – Approved          2008/1576 – Refused                  2008/1812 – Refused

2008/1548 - Refused

  1. CCS – Design guide for householders.                                                     Noted
  2. Adjudication Panel information.                                                               Noted
  3. The Fire Service – Risk Reduction Plan.                                                   Noted
  4. Swansea Community Health Council information                                       Noted

 

93/08                Financial

Name                                                                                                                chq no              amount

Advertising the adoption of the New Code of Conduct in the Evening Post     361                 £52.20

Proposed Cllr A Glass,   seconded Cllr B Richards   carried unanimously.

Horton Village Hall -  children’s Christmas party.                                                      362                £75.00

Oxwich and Penrice Youth Hall  - children’s Christmas party                                    363                £75.00

Membership of the SLCC                                                                                       364                £117.00

External Audit to Mazars                                                                                       365                £141.00

Clerk salary and expenses                                              information protected under the Data Protection Act

                               

Proposed to pay Cllr A Glass,    seconded Cllr J Bowen,   carried unanimously.

Cash at bank  31st Oct 08  £ 5805.00

 

94/08                Planning

 

1.       Cllr R Lewis reported that even though he was the Chairman of the Area 2 Planning Committee   at the CCS, he had received advice directly from the Legal Department of the CCS and was able to remain in the meeting during Planning Applications that he did not have a prejudicial interest in.   

      However due to still receiving queries regarding him remaining during the Planning section of 

      the meeting, Cllr Lewis withdrew from the meeting for all of the Planning Item.

 

The Council had received clear advice from both the Legal Department, CCS and also One Voice Wales Legal Department and agreed that it still remains up to the individual Member to decide whether the interest is personal or prejudicial.

 

Cllrs B Richards and A Lewis both declared a prejudicial interest in the following item Bank Farm and withdrew from the meeting for this item. Cllr B Richards and Cllr A Lewis also declared a prejudicial interest in planning applications relating to Bank Farm and withdrew from this item.

 

2.       The letter dated 23/10/08, from Simmonds Hurford Solicitors, who are acting for Cllr B Richards was read to the meeting. The Chair also explained the situation to Members of the public that had not been present previously.

 

The advice letter of response, received from One Voice Wales was also read to the meeting.

 

A discussion followed.  Comments made by Members included:

 

·         When the existing building is viewed from Port Eynon, it can be seen and the replacement building is higher and would be high on the skyline.

·         If Solicitors letters are being received, how can the Community Councillors act on behalf of the community?

·         The legal advice that the Council has received confirms that it has acted properly, so the Council should stand by the observations that it has made.

 

Council decided to send a letter to the Solicitor explaining their decision.                                                    SC

 

3.       The Local Government Ombudsman

 

Cllr G Roberts declared a prejudicial interest and withdrew from the meeting for this item.  Cllr J Bowen took the Chair.

 

Cllr G Roberts had reported Cllr B Richards to the Local Government Ombudsman for a breach of the New Code of Conduct regarding the letter sent to the Community Council.

 

A brief discussion followed, points raised;

 

·         Surprise that the Ombudsman had responded so quickly.

·         Cllr M Barnett asked why couldn’t Cllr B Richards apologise , then the Council could forget all about the situation?

·         Ridiculous that this should be discussed without Cllr G Roberts present.

           

Council decided to fully support the Chairman.

 

·         Mrs Shirly Osborn, a member of the public felt that this was extraordinary that Cllr B Richards had sent this letter, and that the Council should see this through to the end.  

·         It was wrong for Councillors to receive Solicitors letters threatening legal action and is not acceptable, especially when there are no grounds for this as the Council have acted properly.

  

    Cllr A Oliver proposed that Cllr G Roberts to write back to the Ombudsman as the Chair of the Council, 

    fully representing the PCC.  Seconded Cllr M Barnett, carried unanimously.

 

Applications for consideration

 

A          No 2008/1477                Caravan Rally

Council decided that to send a similar response as previous.  Council felt that the CCS are not effectively monitoring this for Gower as a whole.  Again the CCS has not replied to correspondence.

 

 

 

95/08                Planning cont….

B          No 2008/      The Brackens, Horton

 

Permission has been requested for demolition of existing building. Council queried why this was when previous planning permission for the replacement building had already been passed.

 

C          No 2008/1968   The Conifers, A mobile home

 

Council decided to object as would create an undesirable precedent and query whether it is appropriate.

 

D          No 2008/2185       The Oxwich Bay Hotel

 

Council decided that there was no objection.

 

E          No 2008/1803                Greenways Leisure Park

 

Council decided to refer to previous letter.

 

96/08                Horton Village Hall

 

Sycamore Trees on the Green

Council discussed whether it would be possible to cut the trees down, what permission if any would be required.

 

Decided:  To arrange a site meeting with Martin Appleby, CCS the Tree Preservation Officer.  Cllrs to attend Cllr M Barnett, G Roberts.                                                                                                                                                SC

 

Jan Ellis from the floor requested that better trees be planted as a replacement.

 

Cllr G Roberts to check with the neighbours in the area to find out local viewpoint.                                       GR

 

97/08                High Kiln Bank Slade

 

Cllr A  Oliver declared a personal interest in this item, due to his land adjoining this property and did not speak or vote.

A letter had been forwarded to the Council written to the Owner Mr Moss from Mr I Davies, the Enforcement Officer, Planning Department, CCS advising that there was no permission needed for the garden clearing work that had been undertaken.  Council accepted this response.

 

98/08                Police in Gower

 

Cllr R Lewis was asked if there was only one police officer in Gower.  Cllr R Lewis advised that this was not the case.

 

99/08                Green Lane

 

The CCS had previously completed work at Green Lane, however excess water had been displaced.  Could the PCC complete this work.

Cllr R Lewis advised that the letter should be sent to the CCS for the work to be completed.

 

Clerk to send letter and copy to the Chief Executive, Paul Smith.                                                                           SC

 

100/08              Recycling

Deferred to the next meeting.

 

101/08              Meeting with Cllr John Hague and Carl Humphries

 

Cllr J Bowen reported:

 

Water problems had caused erosion of the footpath at the bottom of the hill.  This water needed to be sorted.  The CCS will work with Cllr A Oliver towards finding a solution. 

 

Cllr A Oliver advised that most of this problem was caused by a nearby farm changing the water course.

Cllr Oliver could not understand why this problem had been sorted out in other villages and not in Slade.

 

Cllr  J Hague had confirmed in writing to Cllr J Bowen, that the hill in Slade will be reconstructed in the next financial year and that the illegal parking in Slade will be looked into by the traffic section and a consultation group.

 

 

 

 

102/08              Matters Outstanding

 

Members of the public were offered the opportunity to ask questions from the floor.

 

Mr Phillip Davies of Oxwich Green had contacted the Wales Audit Office as he stated “there had not been a notice advising the public when the Councils accounts for 2007/2008 could be inspected”.  The Clerk advised the meeting that Mr Davies had been advised in July that the accounts could be inspected in August between a specific three week period.  Mr Davies then proceeded to accuse the Clerk of not publicising this information.  The Clerk advised that the official notice had been placed both at Oxwich Green and also at the Horton notice board.  Witnesses at the meeting confirmed that the notice at Horton had been seen. Mr Davies continued to personally, verbally attack the Clerks integrity and made comments that the Clerk was paid too much and was not doing the work properly, due to having mistakenly placed Tuesday instead of Thursday on the notice of the meeting.

 

The Council was extremely unhappy with this personal attack in a public forum and defended the Clerk against Mr Davies.

 

Shirly Osborn from the floor supported the comments made regarding Green Lane made earlier in the meeting.

 

Qn: Why are the minutes not read out at the start of the meeting? 

Ans:  Due to the length of time allowed to conduct business.  It is difficult as the minutes are not confirmed until the night of the meeting.  Council decided to have copies of the minutes available for the public at meetings.

 

Qn: Can the public get involved during the Planning Item on the agenda?

Ans: Yes if the Council decide public involvement is necessary.

 

Q Did Cllr R Lewis have any comment regarding the recent article in the Evening Post on the planning approval for Mr Martin Morgan of Morgan’s Hotel in Swansea house in Penmaen.

A Cllr R Lewis had no comment.

 

103/08              Date of next meeting

 

17th Dec 08 at Horton Village Hall