Minutes of the New Hutton Parish Council meeting held on Wednesday 18th April, 2012
120418-1 Present
Pat Bell, Tony Ellis, Henry Robinson, Martyn Welch, Tony Porter (Chairman), Arthur Robinson (clerk), Peter Thornton (SLDC councillor) and 10 parishioners
120418-2 Apologies: none
120418-3 Acceptance of the minutes of the last meetings
The minutes of the council meetings held on 23-01-2012 and 01-02-2012 were signed as true records.
120418-4 Chairman’s announcements
(a) The Diamond Jubilee celebration will be held on 02-06-2012. The Parish Council is supporting it and the Wind Farm Fund has made a grant to offset some of the costs. Mike Adams described the plan for the day.
(b) Armistead wind farm update: the route for concrete lorries will not now pass through the parish; disbursements from the community fund will start in November/December.
(c) There will be a new Code of Standards for parish councillors resulting from the Localism Act; it will be discussed at a future meeting.
120418-5 Declaration of interests: none
120418-6 Open session
(a) In response to a request, progress in completing the parish plan will be summarised at the annual parish open meeting on 29th May
(b) It was reported that no salt was spread on roads north of the A684 this winter. It will be discussed at the next meeting.
(c) The bus shelter needs cleaning – an appeal is to be made for volunteers.
(d) Thanks were extended to public-spirited parishioners who pick up litter along the lanes.
120418-7 Planning applications
Applications submitted requiring council comments:
It was reported that a planning application (SL/2012/0289) has been submitted for one 80m high wind turbine on Hawkrigg Hill. Details can be seen on the SLDC website. As the Parish Council has not yet been formally asked to comment, its response will be discussed at a future site meeting.
To note the progress of applications submitted since the last meeting and to agree any action required by the council regarding pending applications:
SL/2011/0985 – installation of 16 solar panels on an A-frame at the rear of Fisher Tarn Cottage – permission granted
SL/2012/0054 – conversion of store to accommodation at Hayfellside Farmhouse [comments submitted]
SL/2012/0064 – extension and alterations at Sun Head [comments submitted]
SL/2012/0160 – extension and alterations at Low House [comments submitted]
SL/2012/0177 – conversion of barn to domestic extension and one holiday cottage at Hagg Hill Top [comments submitted]
120418-8 Payment of accounts
Payment of the following amounts was authorised:
New Hutton Institute - £15.00 for hire of the Supper Room on 23-01-2012
CALC - £48.00 for the training course “Essential Councillor” attended by Martyn Welch
CALC - £121.00 for the annual subscription for 2012-13.
SLDC - £500.00 SLDC paid the grant for two notice boards into the parish account twice.
120418-9 Financial report
(a) The accounts for 2011/12 were approved. The Council began the year with a current account balance of £135.26 and at the end had £1585.60 but this includes £500 paid by SLDC in error and £800 +VAT = £960 which is committed for two small notice boards. Therefore, the end of year balance is £125.60, or £285.60 if the future VAT refund is included. There has been no change in the Council’s small reserve fund of £509.
(b) To approve the appointment of Mathew Ellwood as internal auditor
(c) The external audit document for 2011-2012 was approved.
120418-10 Correspondence
To note the following items of correspondence received since the last meeting:
24-01-2012 – from CALC - January "Connecting Cumbria" newsletter for the CCC broadband project [forwarded to councillors]
25-01-2012 – from The Historic Counties Trust – a free Westmorland County flag and explanation of the design [filed]
25-01-2012 – from the Land Registry – notice of an application to register minerals under the Parish Field by the Trustees of the Lonsdale Estate in relation to the Manor of New Hutton [forwarded to councillors]
30-01-2012 – from Natural England – notification that Natural England has made the Orders to change the national park boundaries and that final representations can be made to the Secretary of State
31-01-12 – from CCC – survey of bus stop infrastructure [completed at the special meeting on 01-02-2012]
01-02-2012 – from CALC – February circular [forwarded to councillors]
04-02-2012 – from CCC – notice of resubmission of the Cumbria Minerals and Waste Development Framework Site Allocations Policies and Proposals Map to the Secretary of State [filed]
06-02-2012 – from CALC – a summary of projects in South Lakes [forwarded to councillors]
08-02-2012 – from Dickinson Dees, solicitors – [see item 12]
11-02-2012 – from Banks Renewables – minutes of the liaison committee meeting on 26-01-2012 [filed]
13-02-2012 – from CPRE and NALC – 5 copies of “Planning Explained” [distributed at this meeting]
14-02-2012 – from CALC – notification that the limit for spending on section 137 grants has been raised to £6.80 per elector in 2012/13.
15-02-2012 – from CALC – information about free workshops on neighbourhood planning [forwarded to chairman]
15-02-2012 – from Colin Robertshaw, clerk to Sedbergh Parish Council – summary of Connecting Cumbria broadband initiative [forwarded to councillors and Michael Burke]
21-02-2012 – from Dickinson Dees, solicitors – FAQs and map of New Hutton showing where mineral rights are being registered by Lunesdale Estates [forwarded to councillors]
21-02-2012 – from the Secretary of State – letter concerning the saying of prayers at council meetings [forwarded to councillors]
21-02-2012 – from CALC – information about help to meet winter heating costs [forwarded to councillors]
24-02-2012 – Upper Kent Neighbourhood Forum – agenda for next meeting on 6th March [forwarded to councillors]
29-02-2012 – from CALC – March newsletter [forwarded to councillors]
03-03-2012 – from SLDC – Land Allocation Development Plan Document for final consultation [forwarded to councillors]
05-03-2012 – from Friends of the Lake District – report of the ‘Our green space’ project
05-03-2012 – from CALC – presentation about the land allocations process [forwarded to councillors]
06-03-2012 – from CALC – presentations about the Localism Bill and Community Led Planning [forwarded to councillors]
08-03-2012 – from Banks Renewables – first Armistead wind farm newsletter [forwarded to parishioners]
15-03-2012 – from Land Registry – reply to letter about mineral rights at the Parish Field [see item 12]
20-03-2012 – from CALC – notification that the parish council will need to adopt a new code of conduct after July 2012 because of the new Localism Bill
21-03-2012 – from Banks Group – minutes of Armistead Committee meeting on 01-03-2012 [forwarded to parishioners]
23-03-2012 – from Upper Kent Forum – minutes of the meeting held on 06-03-2012 [forwarded to councillors]
30-03-2012 – from CALC – minutes of South Lakes Association meeting on 01-03-2012 [forwarded to councillors]
30-03-2012 – from South Cumbria Rivers Trust – re invasive non-native species [forwarded to parishioners]
30-03-2012 – from SLDC – Connecting Cumbria newsletter for March 2012 [forwarded to councillors]
30-03-2012 – from CALC – various points including reference for the new National Policy Planning Framework [forwarded to councillors]
04-04-2012 – from CALC – April circular describing new standards framework [forwarded to councillors]
10-04-2012 – from SLDC – draft arrangements for the new code of conduct [forwarded to councillors]
11-04-2011 – from Banks Group – proposed wind farm at Killington [forwarded to councillors]
16-04-2011 – from Voluntary Action Cumbria – report of conference held about Localism [forwarded to councillors]
120418-11 Purchase of two small notice boards
The purchase of two small notice boards was approved to replace the boards at the northern and southern ends of New Hutton Lane. A quotation was accepted from Walkwood. A grant of £500 has been received from the LAP.
120418-12 Mineral rights of the parish field
(a) Dickinson Dees, solicitors for the Lonsdale Estates, have confirmed that registration of the mineral rights in New Hutton and Scalthwaiterigg has been prompted by a change to the Land Registration Act 2002. Without prejudice to the Estate’s rights, the solicitor stated that the registration is not a prelude to any plans to extract minerals. The Estate refuses to transfer the mineral rights to the Parish Council because it does not wish to set a precedent.
(b) The Clerk confirmed with the Land Registry that the Parish Council did not dispute Lonsdale Estates’ mineral rights in the southern part of the field but noted that they were not registering rights in the northern two-thirds of it. In reply to a query about the parish applying to register the mineral rights in the northern part, the Land Registry wrote “I note that your application for first registration ... was based on long occupation rather than title deeds, so it seems unlikely that you would be able to produce clear documentary title to the mines and minerals.” Mines and minerals are explicitly excluded from the Parish’s title to the field in the Enclosure Award Act, 1837. The Land Registry also sent four copies of a “Completion of Registration” document showing the register and including a map of the two parts of the field. The documents are to be placed with the deeds in the Barclays secure store.
(c) Copies of relevant correspondence and of the New Hutton and parish field maps showing the areas in which Lonsdale Estates have registered their mineral rights have been placed in the Cumbria Records Office at Kendal for future generations to access.
120418-13 Westmorland county flag
A Westmorland county flag has been received free of charge from The Historic Counties Trust. It bears two horizontal red bars from the arms of the de Lancaster family, Barons of Kendal. Superimposed on this is an apple tree from the thirteenth-century seal of the Borough of Appleby so the flag represents the two baronies which constituted Westmorland.
120418-14 Cumbria Rural Housing Trust – Report of the survey
The report on the survey of housing needs in the parish was received too late for discussion. It will be on the agenda at the next meeting and a member of the CRHT has been invited to speak about it.
120418-15 The Localism Act 2011
The main points affecting parishes (but not necessarily New Hutton) are:
- A new code of standards for councillors
- A right to bid to take over local assets like shops and pubs to keep them part of local life
- A right to bid for council services so parishes can run them
- A right to veto excessive council taxes
- A right to construct a neighbourhood plan to guide where new houses, businesses and shops are located. Such plans are not to prevent developments. Heversham and Hincaster are drawing up a plan
- A community right to build eg homes, shops and playgrounds
- Developers will be required to consult local communities before submitting certain applications
120418-16 The field between The Ashes and the church
It was reported that a planning application will be submitted, probably in April or May, to develop new housing on the field. It was decided to seek advice from the developers about their intentions.
120418-17 Broadband
The Connecting Cumbria project aims to provide access to a connection to 25Mb/s broadband for at least 90% of properties and to a 2Mb/s connection elsewhere. More information can be found at www.connectingcumbria.org.uk . The locations of the 2Mb/s areas will be decided in autumn and the full plans should be available at the end of the year with delivery by 2015. The project is likely to upgrade local authority and school networks and provide some new hubs. It is not clear how links from these to homes are to be made. The Upper Kent LAP (Local Area Partnership of parish councils) is actively involved in the project.
120418-18 Killington Wind Farm
Barry Grimes (Community Liaison) and Colin Priestley (Project Manager) from Banks Renewables talked to the meeting about the proposed wind farm, two thirds of which will be in New Hutton. The following is a summary of their comments and responses to questions.
By May an application will have been submitted for an 80m high mast to measure wind speed. Approval of it does not affect the planning application process for the wind farm itself which will start in autumn and will take 2 or 3 years. There will be a maximum of 5 turbines 135m high. Because they will be on land lower than at Lambrigg the tops of their blades will be only about 20m higher than the Lambrigg blades. Each will generate three times more power and will be joined to the national grid by poles or underground, not by pylons. Noise from motorway traffic will obscure any noise they make and Roan Edge will hide most of the development from New Hutton residents. Photographic visualisations will be made for the full planning application.
The community fund will be £17,000 and will be linked to the inflation rate. The extent of the area to benefit will be decided later and local people will decide spending priorities. There was much discussion about the composition of the committee being like the Armistead fund and thus different from the Lambrigg Community Fund which was felt to be a better system. Banks also have project funding for benefits to a wider area at the commencement of the project if permission is granted. In addition, Banks have a national charity fund of £5-10K for capital projects even if the wind farm does not go ahead. After 25 years, either the turbines would have to be dismantled and the site renovated or full planning permission would have to be sought again. Banks try to use local contractors where possible. The performance of all wind farms is published each year by the Department for Energy.
120418-19 Date of the next meeting
The next meeting will be held on Tuesday, 29th May. It will consist of three meetings: the annual parish meeting, the parish council AGM and a normal parish council meeting.
Arthur Robinson, parish clerk
Over Bleaze, Old Hutton, Kendal, LA8 0LU
Telephone – 01539-725955
e-mail – nhpclerk@googlemail.com
120418-1 Present
Pat Bell, Tony Ellis, Henry Robinson, Martyn Welch, Tony Porter (Chairman), Arthur Robinson (clerk), Peter Thornton (SLDC councillor) and 10 parishioners
120418-2 Apologies: none
120418-3 Acceptance of the minutes of the last meetings
The minutes of the council meetings held on 23-01-2012 and 01-02-2012 were signed as true records.
120418-4 Chairman’s announcements
(a) The Diamond Jubilee celebration will be held on 02-06-2012. The Parish Council is supporting it and the Wind Farm Fund has made a grant to offset some of the costs. Mike Adams described the plan for the day.
(b) Armistead wind farm update: the route for concrete lorries will not now pass through the parish; disbursements from the community fund will start in November/December.
(c) There will be a new Code of Standards for parish councillors resulting from the Localism Act; it will be discussed at a future meeting.
120418-5 Declaration of interests: none
120418-6 Open session
(a) In response to a request, progress in completing the parish plan will be summarised at the annual parish open meeting on 29th May
(b) It was reported that no salt was spread on roads north of the A684 this winter. It will be discussed at the next meeting.
(c) The bus shelter needs cleaning – an appeal is to be made for volunteers.
(d) Thanks were extended to public-spirited parishioners who pick up litter along the lanes.
120418-7 Planning applications
Applications submitted requiring council comments:
It was reported that a planning application (SL/2012/0289) has been submitted for one 80m high wind turbine on Hawkrigg Hill. Details can be seen on the SLDC website. As the Parish Council has not yet been formally asked to comment, its response will be discussed at a future site meeting.
To note the progress of applications submitted since the last meeting and to agree any action required by the council regarding pending applications:
SL/2011/0985 – installation of 16 solar panels on an A-frame at the rear of Fisher Tarn Cottage – permission granted
SL/2012/0054 – conversion of store to accommodation at Hayfellside Farmhouse [comments submitted]
SL/2012/0064 – extension and alterations at Sun Head [comments submitted]
SL/2012/0160 – extension and alterations at Low House [comments submitted]
SL/2012/0177 – conversion of barn to domestic extension and one holiday cottage at Hagg Hill Top [comments submitted]
120418-8 Payment of accounts
Payment of the following amounts was authorised:
New Hutton Institute - £15.00 for hire of the Supper Room on 23-01-2012
CALC - £48.00 for the training course “Essential Councillor” attended by Martyn Welch
CALC - £121.00 for the annual subscription for 2012-13.
SLDC - £500.00 SLDC paid the grant for two notice boards into the parish account twice.
120418-9 Financial report
(a) The accounts for 2011/12 were approved. The Council began the year with a current account balance of £135.26 and at the end had £1585.60 but this includes £500 paid by SLDC in error and £800 +VAT = £960 which is committed for two small notice boards. Therefore, the end of year balance is £125.60, or £285.60 if the future VAT refund is included. There has been no change in the Council’s small reserve fund of £509.
(b) To approve the appointment of Mathew Ellwood as internal auditor
(c) The external audit document for 2011-2012 was approved.
120418-10 Correspondence
To note the following items of correspondence received since the last meeting:
24-01-2012 – from CALC - January "Connecting Cumbria" newsletter for the CCC broadband project [forwarded to councillors]
25-01-2012 – from The Historic Counties Trust – a free Westmorland County flag and explanation of the design [filed]
25-01-2012 – from the Land Registry – notice of an application to register minerals under the Parish Field by the Trustees of the Lonsdale Estate in relation to the Manor of New Hutton [forwarded to councillors]
30-01-2012 – from Natural England – notification that Natural England has made the Orders to change the national park boundaries and that final representations can be made to the Secretary of State
31-01-12 – from CCC – survey of bus stop infrastructure [completed at the special meeting on 01-02-2012]
01-02-2012 – from CALC – February circular [forwarded to councillors]
04-02-2012 – from CCC – notice of resubmission of the Cumbria Minerals and Waste Development Framework Site Allocations Policies and Proposals Map to the Secretary of State [filed]
06-02-2012 – from CALC – a summary of projects in South Lakes [forwarded to councillors]
08-02-2012 – from Dickinson Dees, solicitors – [see item 12]
11-02-2012 – from Banks Renewables – minutes of the liaison committee meeting on 26-01-2012 [filed]
13-02-2012 – from CPRE and NALC – 5 copies of “Planning Explained” [distributed at this meeting]
14-02-2012 – from CALC – notification that the limit for spending on section 137 grants has been raised to £6.80 per elector in 2012/13.
15-02-2012 – from CALC – information about free workshops on neighbourhood planning [forwarded to chairman]
15-02-2012 – from Colin Robertshaw, clerk to Sedbergh Parish Council – summary of Connecting Cumbria broadband initiative [forwarded to councillors and Michael Burke]
21-02-2012 – from Dickinson Dees, solicitors – FAQs and map of New Hutton showing where mineral rights are being registered by Lunesdale Estates [forwarded to councillors]
21-02-2012 – from the Secretary of State – letter concerning the saying of prayers at council meetings [forwarded to councillors]
21-02-2012 – from CALC – information about help to meet winter heating costs [forwarded to councillors]
24-02-2012 – Upper Kent Neighbourhood Forum – agenda for next meeting on 6th March [forwarded to councillors]
29-02-2012 – from CALC – March newsletter [forwarded to councillors]
03-03-2012 – from SLDC – Land Allocation Development Plan Document for final consultation [forwarded to councillors]
05-03-2012 – from Friends of the Lake District – report of the ‘Our green space’ project
05-03-2012 – from CALC – presentation about the land allocations process [forwarded to councillors]
06-03-2012 – from CALC – presentations about the Localism Bill and Community Led Planning [forwarded to councillors]
08-03-2012 – from Banks Renewables – first Armistead wind farm newsletter [forwarded to parishioners]
15-03-2012 – from Land Registry – reply to letter about mineral rights at the Parish Field [see item 12]
20-03-2012 – from CALC – notification that the parish council will need to adopt a new code of conduct after July 2012 because of the new Localism Bill
21-03-2012 – from Banks Group – minutes of Armistead Committee meeting on 01-03-2012 [forwarded to parishioners]
23-03-2012 – from Upper Kent Forum – minutes of the meeting held on 06-03-2012 [forwarded to councillors]
30-03-2012 – from CALC – minutes of South Lakes Association meeting on 01-03-2012 [forwarded to councillors]
30-03-2012 – from South Cumbria Rivers Trust – re invasive non-native species [forwarded to parishioners]
30-03-2012 – from SLDC – Connecting Cumbria newsletter for March 2012 [forwarded to councillors]
30-03-2012 – from CALC – various points including reference for the new National Policy Planning Framework [forwarded to councillors]
04-04-2012 – from CALC – April circular describing new standards framework [forwarded to councillors]
10-04-2012 – from SLDC – draft arrangements for the new code of conduct [forwarded to councillors]
11-04-2011 – from Banks Group – proposed wind farm at Killington [forwarded to councillors]
16-04-2011 – from Voluntary Action Cumbria – report of conference held about Localism [forwarded to councillors]
120418-11 Purchase of two small notice boards
The purchase of two small notice boards was approved to replace the boards at the northern and southern ends of New Hutton Lane. A quotation was accepted from Walkwood. A grant of £500 has been received from the LAP.
120418-12 Mineral rights of the parish field
(a) Dickinson Dees, solicitors for the Lonsdale Estates, have confirmed that registration of the mineral rights in New Hutton and Scalthwaiterigg has been prompted by a change to the Land Registration Act 2002. Without prejudice to the Estate’s rights, the solicitor stated that the registration is not a prelude to any plans to extract minerals. The Estate refuses to transfer the mineral rights to the Parish Council because it does not wish to set a precedent.
(b) The Clerk confirmed with the Land Registry that the Parish Council did not dispute Lonsdale Estates’ mineral rights in the southern part of the field but noted that they were not registering rights in the northern two-thirds of it. In reply to a query about the parish applying to register the mineral rights in the northern part, the Land Registry wrote “I note that your application for first registration ... was based on long occupation rather than title deeds, so it seems unlikely that you would be able to produce clear documentary title to the mines and minerals.” Mines and minerals are explicitly excluded from the Parish’s title to the field in the Enclosure Award Act, 1837. The Land Registry also sent four copies of a “Completion of Registration” document showing the register and including a map of the two parts of the field. The documents are to be placed with the deeds in the Barclays secure store.
(c) Copies of relevant correspondence and of the New Hutton and parish field maps showing the areas in which Lonsdale Estates have registered their mineral rights have been placed in the Cumbria Records Office at Kendal for future generations to access.
120418-13 Westmorland county flag
A Westmorland county flag has been received free of charge from The Historic Counties Trust. It bears two horizontal red bars from the arms of the de Lancaster family, Barons of Kendal. Superimposed on this is an apple tree from the thirteenth-century seal of the Borough of Appleby so the flag represents the two baronies which constituted Westmorland.
120418-14 Cumbria Rural Housing Trust – Report of the survey
The report on the survey of housing needs in the parish was received too late for discussion. It will be on the agenda at the next meeting and a member of the CRHT has been invited to speak about it.
120418-15 The Localism Act 2011
The main points affecting parishes (but not necessarily New Hutton) are:
- A new code of standards for councillors
- A right to bid to take over local assets like shops and pubs to keep them part of local life
- A right to bid for council services so parishes can run them
- A right to veto excessive council taxes
- A right to construct a neighbourhood plan to guide where new houses, businesses and shops are located. Such plans are not to prevent developments. Heversham and Hincaster are drawing up a plan
- A community right to build eg homes, shops and playgrounds
- Developers will be required to consult local communities before submitting certain applications
120418-16 The field between The Ashes and the church
It was reported that a planning application will be submitted, probably in April or May, to develop new housing on the field. It was decided to seek advice from the developers about their intentions.
120418-17 Broadband
The Connecting Cumbria project aims to provide access to a connection to 25Mb/s broadband for at least 90% of properties and to a 2Mb/s connection elsewhere. More information can be found at www.connectingcumbria.org.uk . The locations of the 2Mb/s areas will be decided in autumn and the full plans should be available at the end of the year with delivery by 2015. The project is likely to upgrade local authority and school networks and provide some new hubs. It is not clear how links from these to homes are to be made. The Upper Kent LAP (Local Area Partnership of parish councils) is actively involved in the project.
120418-18 Killington Wind Farm
Barry Grimes (Community Liaison) and Colin Priestley (Project Manager) from Banks Renewables talked to the meeting about the proposed wind farm, two thirds of which will be in New Hutton. The following is a summary of their comments and responses to questions.
By May an application will have been submitted for an 80m high mast to measure wind speed. Approval of it does not affect the planning application process for the wind farm itself which will start in autumn and will take 2 or 3 years. There will be a maximum of 5 turbines 135m high. Because they will be on land lower than at Lambrigg the tops of their blades will be only about 20m higher than the Lambrigg blades. Each will generate three times more power and will be joined to the national grid by poles or underground, not by pylons. Noise from motorway traffic will obscure any noise they make and Roan Edge will hide most of the development from New Hutton residents. Photographic visualisations will be made for the full planning application.
The community fund will be £17,000 and will be linked to the inflation rate. The extent of the area to benefit will be decided later and local people will decide spending priorities. There was much discussion about the composition of the committee being like the Armistead fund and thus different from the Lambrigg Community Fund which was felt to be a better system. Banks also have project funding for benefits to a wider area at the commencement of the project if permission is granted. In addition, Banks have a national charity fund of £5-10K for capital projects even if the wind farm does not go ahead. After 25 years, either the turbines would have to be dismantled and the site renovated or full planning permission would have to be sought again. Banks try to use local contractors where possible. The performance of all wind farms is published each year by the Department for Energy.
120418-19 Date of the next meeting
The next meeting will be held on Tuesday, 29th May. It will consist of three meetings: the annual parish meeting, the parish council AGM and a normal parish council meeting.
Arthur Robinson, parish clerk
Over Bleaze, Old Hutton, Kendal, LA8 0LU
Telephone – 01539-725955
e-mail – nhpclerk@googlemail.com