Chitterne Parish Council

9 Beech Grove, Warminster, 

Wiltshire, BA12 0AB Tel: 01985 213436

Chairman: Councillor Charles Horsfall Mrs Sarah Jeffries PSLCC

All Parish Council Meetings are open to the Public and Press 

Monday 22nd May 2023

To All Members of Chitterne Parish Council

Dear Councillor, 

You are summoned to a meeting of Chitterne Parish Council, at Chitterne Village Hall on Monday 22nd May 2023 at 7.00pm. The meeting will consider the items set out below.

If any members of the public wish to attend and make a statement or raise a question at the meeting, they should contact the Clerk before the meeting email Chitternepc@gmail.com or phone 07540611906. The Clerk will then guide you with the process the meeting will take and assist you with any GDPR requirements you might have.

Council is asked to note that in the exercise of their functions they must take note of the following: Equal opportunities (race, gender, sexual orientation, marital status, and any disability; Crime and Disorder, Health and Safety and Human Rights).

Before the meeting there will be a public session to enable the people of Chitterne Parishes to ask questions of, and make comments, regarding the Parish Council. Questions not answered at this meeting will be answered in writing to the person asking the question or may appear as an agenda item for the next meeting. Members of the public are asked to restrict their comments, and/or questions to three minutes.

Photographing, recording, broadcasting, or transmitting the proceedings of a meeting by any means is permitted under the openness of local Government Regulations 2014 (England Only). A person may not orally report or comment about a meeting as it takes place if he is present during the meeting of a parish council or its committees but otherwise may:

Film, photograph or make an audio recording of a meeting.

Use any other means for enabling persons not present to see or hear proceedings at a meeting of a parish council as it takes place or later.

Report or comment on the proceedings in writing during or after a meeting or orally report or comment after the meeting. 

However, anyone wishing to do so must speak to the Clerk prior to the meeting as there is policy and General Data Protection Regulations 2018 which must be followed. 

Any person who may find difficulty in access to the meeting through disability is asked to advise the Clerk (07540 611906) or 01985 213436 email address (chitternepc@gmail.com) at least 24 hours before the meeting so that every effort may be made to provide access.

Sarah Jeffries PSLCC        

Parish Clerk/Responsible Finance Officer         

Tuesday 16th May 2023

7.30pm Public Question Time

This section (at the Chairman’s discretion may last up to 15 minutes) is not part of the formal meeting of the Council and minutes will not be produced. Public Bodies (admissions to meetings) Act 1960 s 1 extended by the LG Act 972 s 100.

Unitary Councillor Christopher Newbury will give a report, if required.

Agenda

1. Election of Chairman LGA 1972 ss 15 & 34

2. Election of Vice Chairman LGA 1972 ss 15 & 34

3. Councillors to sign their Acceptance of Office LGA 1972 Section 83(30)

4. Acceptance of apologies for absence 

Schedule 12 of the Local Government Act 1972 requires a record to be kept of the members present and that this record form part of the minutes of the meeting. Members who cannot attend a meeting should tender apologies to the Parish Clerk as it is usual for the grounds upon which apologies are tendered also to be recorded. Under Section 85(1) of the Local Government Act1972, members present must decide whether the reason(s) for a member's absence are accepted.

5. Dispensations

Council is asked to discuss any written requests for dispensation the Clerk may have received from Councillors.

6. Declarations of interest, members to declare any interest they may have in agenda items that accord with the requirements of the relevant authorities (Disclosable Pecuniary Interests) Regulation 2012 (SI 2012/1464) (NB this does not preclude any later declarations) 

7. Exclusion of the Press and Public Standing Order #1c The Parish Council may exercise their right to exclude the public and press by resolution from a closed meeting due to the confidential nature to be discussed pursuant to section 1(2) of the Public Bodies (Admission to Meetings) Act 1960.

8. To receive and sign the minutes of the Full Council meeting held on Monday 17th April 2023 (Previously circulated) LGA 1972 Sch 12 para 41(1)

9. Chairman’s announcements

10. Review of Delegation arrangements to Committees, Sub Committees LG & housing Act 1989 s 13 Parish & Community Councils (Committee’s regulations) 1990 SI 1990/2476 LGA 1972 s 101

Council is asked to discuss the arrangements to committees and sub committees if it wishes to resolve to set them up. Confirmation of the terms of reference, the number of members (including, if appropriate, substitute councillors) and receipt of nominations to them) See attached Staffing Committee Terms of Reference in place.

Staffing Committee – Vice Chairman and three other Councillors

Planning Committee – If required (Full Council has commented on all applications to date)

There also needs to be in the parish a representative for each of the below:

Community Emergency Volunteer – to be the designated contact and update the Community Emergency Plan as and when necessary.

Allotments Representative - to liaise with the allotment holders and report back to Council on any issues.

Village Hall Representative - to attend village hall meetings and report for the Village Hall Committee 

Parish Steward – to liaise with the parish steward and the Community.

Highways Representative – to liaise with the Traffic Working Group, Highways Community Co-ordinator and attend Local Highways & Footpaths Improvement Group meetings when necessary.

Rights of Way Representative – to advise Council and work with the Wiltshire Council Team on the upkeep of the rights of way within the parish.

Litter Pick Co-ordinator – To supervise the Litter Pick Volunteers, hold the litter pick equipment, and inform the Clerk of any Health & Safety requirements.

Neighbourhood Watch Representative – to work with the Rural Policing Team and attend Neighbourhood Tasking Group meetings.

Health and Safety Checks – to monitor and assess the assets on the asset list on a monthly basis and report back to Council.

Play Area Health and Safety Checks - to monitor and assess the recreational area on a monthly basis and report back to Council.

Grant Awarding Co-ordinator – to work with groups and clubs when applications are sought.

11. Review and adoption of Parish Documentation

Council is also asked to approve the Standing Orders, and the Polices listed below:

Operations

Asset Register

Complaints Procedure

Document Management Policy or Record Keeping

Emergency Planning

Finance

Financial and Risk Assessment

General Revenue Reserves Policy

Grant Awarding Policies and Procedures

Communications

Freedom of Information, Publication Scheme

Data Protection

People

Grievance & Disciplinary Policy

Staff and Councillor Training and Development Policy

12. Financial Regulations

Council is asked to approve the adoption of the Financial Regulations with the updated threshold at £30,000.00 and resolve which Councillor will action the Internal Audit Checks for 2023/2024.

1.4. These financial regulations demonstrate how the council meets these responsibilities and requirements.

1.5. At least once a year, prior to approving the Annual Governance Statement, the council must review the effectiveness of its system of internal control which shall be in accordance with proper practices.

2.2. On a regular basis, at least once in each quarter, and at each financial year end, a member other than the Chairman [or a cheque signatory] shall be appointed to verify bank reconciliations (for all accounts) produced by the RFO. The member shall sign the reconciliations and the original bank statements (or similar document) as evidence of verification. This activity shall on conclusion be reported, including any exceptions, to and noted by the council.

13.Code of Conduct

 Council is asked to reapprove the adoption of the Local Government Association Code of Conduct for 2023. See attached.

14. Delegation

Council is asked to confirm the below Delegation to the Clerk.

Delegation of Planning

Resolved: the formal adoption of the below addition to the Standing Orders that:

Planning applications shall be received by the Clerk who will provide details to Councillors and where no queries arise by joint decision of all Councillors, the Clerk shall be delegated to inform the Planning Department within the time allocated of the decision of the Council. All Councillors will report directly back to the Clerk thereby avoiding discussion between members. Where queries arise the Chairman will call for a site meeting which may require an Extraordinary Meeting to decide upon the application. Adhering strictly to legal procedures set by NALC.

Pandemic

That the Council delegates authority to the Clerk in consultation with the Chairman and Vice Chairman to take any actions necessary with associated expenditure to protect the interests of the community and ensure council business continuity, informed by consultation with the members of the council. The scheme of delegation will be reviewed yearly.

15. General Power of Competence

Council is also asked to note, it does not have the eligibility for the use of the General Power of Competence. The Clerk recommends that the Council strives for a fully elected Council in the next elections.

The General Power of Competence is a Statutory Instrument of Law, it gives Local Councils the power to do anything that an individual may generally do and is found under Statutory Instrument 2012 No 965 of the Localism Act 2011- Sections 1-8

Criteria:

• A CiLCA qualified Clerk, or the level 4 Qualification, from the University of Gloucestershire or its predecessor institutions, complete with the new 2012 Section 7 GPC module. (The Clerk has her CiLCA and Level 4 CertHE)
• The number of Councillors elected at the last ordinary election or at a subsequent by-election must equal or exceed two thirds of its total number of councillors at the time of the resolution. (5 Councillors have to be elected, Chitterne Parish Council has only 1 Councillor Elected so the criteria would not be met)
• The Council has passed a resolution, that is minuted at a full meeting and that the criteria for the General Power of Competence, has been met.

Eligibility remains in place until the next annual meeting of the council after the ordinary election even if the condition of the eligibility criteria has changed. Council will be un-eligible to use it for new projects until the next election takes place in 2025, but it will meet the criteria if an elected Council is in place. The Clerk recommends that the Council strives for a fully elected Council in the next elections.

16. Bank Signatories

Council is asked to confirm the Bank Signatures for the next Civic Year. The Clerk recommends that when the Unity Trust Account is open, that the Council resolves that all Councillors are signatories. 

Lloyds Bank have now confirmed the removal of the Locum Clerk, so the Clerk/Responsible Finance Officer is now able to process the changeover. 

Council is also asked to approve payment for certain items may be made by BACS or CHAPS methods provided that the instructions for each payment are signed, or otherwise evidenced, by two authorised bank signatories, are retained and any payments are reported to Council as made. Information Commissioners Data Licence and Bank Charges.

(The approval of the use of BACS or CHAPS shall be renewed by resolution of the council at least every two years.)

Councillor Charles Horsfall, Councillor Christian Emmerson, and Councillor Lexa Turner

17. Co-option

Council is asked resolve which newly Co-opted Councillor is to be designated to represent Chitterne All Saints Ward parishioners.

Council is asked to note there is still a vacancy for Chitterne All Saints Ward parishioners. Council is asked to discuss any applications, if received. If no applications have been received, Council is asked to discuss a further advertising campaign and new closing date. 

18. Councillor Specific Email Addresses

Councillors are asked to discuss setting specific Councillor email addresses in place. It is recommended that emails are set in the below format, so parishioners understand they are corresponding with a Councillor direct and not the Council as a whole if, CPC is used within the email address. chitternepc@gmail.com is the corporate body’s direct email.

Cllr.JSmith@

Councillor.JSmith@

The Clerk recommends that the Parish Council moves forward in the future to.gov.uk email addresses and a.gov.uk website domain.

19. Planning

Planning Appeal

TOWN AND COUNTRY PLANNING ACT 1990

APPELLANTS

NAME: Mr. K. Stone

APPEAL SITE: Kings Head, Chitterne, BA12 0LJ

PLANNING APPLICATION REF: PL/2022/00563 & PL/2022/00784

PROPOSED DEVELOPMENT: Proposed change of use from Public House to single detached residential dwelling including minor internal alterations and demolition of flat roof rear extension.

INSPECTORATE REFERENCE: APP/Y3940/W/22/3313477 & APP/Y3940/Y/22/3312123

Further to my previous letter regarding the Hearing to be held on the above, I am now writing to. 

inform you of the date and venue. The appeal will be attended by the local planning authority, the appellant, and a presiding inspector. You may attend the Hearing, which will open on 13 June 2023 at 10am at The Athenaeum Centre, 18 - 20 High Street, Warminster, Wiltshire, BA12 9AE.

An Inspector appointed by the Secretary of State will hold an Inquiry opening on the date shown.

above to decide the appeal. Members of the public may attend the Inquiry and, at the Inspector’s discretion, express their views. If you, or anyone you know, has a disability, and is concerned about facilities at the inquiry venue, you should contact the council to confirm that suitable provisions are in place.

Council is asked whom it wishes to send to the appeal and to confirm the wording of any view it wishes to put forward.

(In planning matters the Council acts as a consultee of the principal authority. The principal authority being the deciding body for planning applications)

20. Planning Decisions

Application No: PL/2023/01490

Application Type: Listed building consent (Alt/Ext)

Proposal: Proposed Pool House

Site Address: Chitterne House, Townsend, Chitterne, Warminster, Wiltshire, BA12 0LG

Decision: Issued Decision Withdrawn by Wiltshire Council

Application No: PL/2023/00442

Application Type: Householder planning permission

Proposal: Proposed Pool House

Site Address: Chitterne House, Townsend, Chitterne, Warminster, Wiltshire, BA12 0LG

Decision: approve with conditions.

In pursuance of its powers under the above Act, the Council hereby GRANT PLANNING PERMISSION for the above development to be carried out in accordance with the application and plans submitted (listed below).

In accordance with paragraph 38 of the National Planning Policy Framework, Wiltshire Council has worked proactively to secure this development to improve the economic, social, and environmental conditions of the area. Subject to the following conditions:

Conditions: (2)

1 The development hereby permitted shall be begun before the expiration of three years.

from the date of this permission.

REASON: To comply with the provisions of Section 91 of the Town and Country

Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2 The development hereby permitted shall be carried out in accordance with the

following approved plans and documents:

Site Location Plan DWG No 210738 01 - Received 07.02.2023.

Existing Site Plan DWG No 210738 02 - Received 19.01.2023.

Proposed Site Plan and Pool House Plans DWG No 210738 03 A - Received

21.03.2023

REASON: For the avoidance of doubt and in the interests of proper planning

Application No: PL/2023/01456

Application Type: Notification of proposed works to trees in a conservation area.

Proposal: 1 Silver Birch tree, to be reduced in height by approx. 5ft.

Site Address: 6 The Stables Junction at Abdon Close and Townsend Southwest to Brook Cottage, Chitterne, BA12 0LU

Decision: No objection.

Application No: PL/2023/02842

Application Type: Notification of proposed works to trees in a conservation area

Proposal: Apple tree - fell

Site Address: ST MARYS LODGE, 102 CHITTERNE, WILTSHIRE, BA12 0LH

Decision: at the time of producing the agenda, the Wiltshire Council Website stated that the decision would be published on the 18/05/2023.

21. Parish Steward

Council is asked to prepare a list in preparation for the Parish Stewards next visit.

The Parish Steward can only complete works listed below:

•         Hand clearing and cutting of growth from drainage grips and drain gully covers.

•         Hand clearing of blocked drainage gullies, culverts, pipes and pit3

•         Clearing storm debris from the roads and footways

•         Clearing collision debris, clinical waste etc.

•         Pedestrian barriers repairs, preparation, and painting

•         Cleaning, re-installation and straightening of small road signs, street nameplates and bollards.

•         Installation of small road signs, verge marker posts and supplied street nameplates

•         Removal of limited graffiti from road signs, bollards, and street nameplates

•         Hand cutting of grass and vegetation in visibility areas

•         Hand treatment of weeds in rural areas

•         Removal of Ragwort and other noxious weeds

•         Clearance of encroaching growth and soils from footways

•         Repair of minor surface defects in roads and on footways

22. Recreational Area Health & Safety

Council is asked to hear Councillor Christian Emmerson report on his Health & Safety check reports actioned on the play equipment. If required, Council is asked to discuss any action required following any issues highlighted from the report.

23. Jubilee Tree

Council is asked to discuss the recommendation that as a site to plant a new tree has been pragmatic. Councillor John Dillion would like to put forward a motion that rather than plant a new tree to commemorate the Jubilee that the Parish Council considers the recommendation by a parishioner that a plaque in commemoration is placed on the existing bench surrounding a tree outside of the Village Hall green area.

The photos below show the bench where the plaque would go, along with a photo of the existing plaque. 

To match the existing, the plaque would be brass and 10 inches by 6 inches - the only practicable size to fit the wooden uprights.

The cost would be £75.25 + VAT, and this includes up to 100 characters. (The Clerk would like to highlight to Council that three quotes are required as per financial regulations) Suggested wording:

In Commemoration of 

Queen Elizabeth II’s 

Seventy years on the throne

1952 - 2022

Council is asked to confirm the legal owner of the circular bench seat around the tree.

The Clerk has checked the Asset register and 2 seats are mentioned in the Asset register, but both refer to the sports field. Council is asked to clarify that the bench seat around the tree does actually belong to the parish council and not the village hall or other persons, before it proceeds with the project. The Clerk has been informed that the bench was donated, it could be the Asset Register isn’t stated correctly, the Parish Council needs to be 100% sure of the ownership before it resolves to place a plaque on the seat.

24. Asset Register Review

Council is asked to approve the Asset Register. See attached.

25. Village Hall 

Council is asked to hear a report from Councillor Lexa Turner the Village Hall Representative, if required. Council is asked to discuss the below request from the Village Hall Committee.

The Village Hall Committee would like to request the Parish Council consider supporting the application to purchase a replacement floor for the "resin" parts of the flooring. The reasoning for the replacement is on health and safety grounds. I will present the reasoning and decision of which supplier at the meeting on the 22nd of May. The Village Hall would like the CPC to consider support in funding towards the cost and to apply to the Area Board for a grant for the remaining costs. 

I have attached to the email the 3 quotations that have been obtained and will confirm the decision of supplier based on this at the meeting on 22nd May. See attached.

26. Flood equipment Shed

Council is asked to discuss the quotations obtained by Councillor Charles Horsfall. Previously circulated. Council will need to decide the dimensions, the colour, the material it wishes the shed to be made of, its security and the base it will be sat on, before it makes the purchase. See below link to aid the thought process and a few more quotations.

Which Metal Shed Should I Buy and Why? - GardenSite.co.uk

BIRCHTREE Garden Shed Metal Apex Roof Outdoor Storage with Free Foundation | eBay

Metal Garden Shed 6 X 4, 8 X 4, 8 X 6, 10 X 8 Garden Storage WITH FREE BASE New | eBay

Metal Garden Shed 6 X 4, 8 X 4, 8 X 6, 10 X 8 Garden Storage WITH FREE BASE New | eBay

Further links can be investigated at the meeting.

Just to thank Councillors very much for giving up a lot of their time demolishing the shed last Bank Holiday Monday.

All the rotten timber was removed and burnt, and roofing felt was put in the skip.

The salvaged timber was advertised by John Dillon and most of it has been taken away.

Scrapped items belonging to the Parish Council, Village Hall and Cricket Club were put in the skip along with:

 - masonry removed following play area refurbishment some years ago, and 

 - ash mixed with nails and other iron bits being residue from several years of Guy Hawkes bonfires.

The cost of the skip was £288.00; there may be some cost for use of Brian Lee’s tractor which was used to remove masonry and ash.

A final reckoning will be advised when contributions towards costs from others are known.

The site for the replacement shed is now clear.

The Parish Council does need to purchase and erect a replacement to accommodate the Flood equipment.

Most of the equipment is now stored at Chitterne House but should not remain there indefinitely.

27. Climate Action Planning Workshop

Council is asked to discuss the below motion put forward by Councillor John Dillon 

That Chitterne Parish Council take into account the climate emergency and the environment in its decisions.

Appoint a Councillor to lead in this area.

Climate Strategy Representative – to liaise with the community on actions the community can take to mitigate climate change.

Gather views from village residents as to what further actions on the climate and environment we might be able to take, as individuals and as a community.

Background

Wiltshire County Council declared a Climate Emergency in 2019 and pledged to be carbon neutral by 2030.  There followed a Climate Strategy in February 2022 and a Wiltshire Council Delivery Plan in September 2022. Chitterne Parish Council is clearly of a much smaller scale without the buying power and extent of influence; however, we can make our own contribution.

The residents of Chitterne are already doing a lot in terms of the climate and environment e.g., solar panels on roofs; recycling items that the Council don’t currently collect, as individuals and as groups; leaving wild areas in some gardens and encouraging biodiversity and wildlife; using electric cars; updating septic tanks and sewage systems etc

It would be great to do more, such as explore the potential for community energy projects or try and widen the recycling of “hard to recycle” items. I am sure there will be lots of other ideas and we look forward to hearing them - keep an eye out for an invite to an open idea’s session in the village hall.

28.  Data Protection Fee

Council is asked to note the GDPR/Data Protection Act 2018 Data protection renewal fee is due – the ICO will collect the direct debit payment on or before 11/06/2023. 

Organisations that process personal data are subject to the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. Under the Data Protection (Charges and Information) Regulations 2018 (the Regulations) they must also pay an annual data protection fee unless they are exempt.
Your payment and registration as a data controller under the Regulations will expire on 11/06/2023. You must now either:  

• take the tier assessment to confirm the fee you need to pay (see ico.org.uk/fee-self-assessment), or
• cancel your registration if your circumstances have changed, telling us why you no longer need to be registered. 

Amount required

Under the Regulations, you must pay an annual fee of £40, £60 or £2900 depending on the size or turnover of your organisation. VAT is nil in all cases.

Based on your last assessment you are now required to pay £40.00. However, you should use our tier assessment tool (see ico.org.uk/fee-self-assessment) to confirm how much you need to pay, and contact us immediately if your current assessment is wrong. 

As you have a direct debit in place, we'll renew your registration automatically. You will receive an annual £5 reduction each time you pay by direct debit. We intend to collect your data protection fee on or around 11/06/2023.

 

29. Insurance

Council is asked to approve the payment of the Insurance. Council is asked to confirm if there is a need for any amendments. The Council has a 3-year agreement in place. The cost for the next years provision is £422.89.

30. Wiltshire Association of Local Councils Membership

Council is asked to approve its continued membership to the Wiltshire Association of Local Councils. The cost of the membership is £130.69 and is set by the number of electors within the Community. Chitterne Electors 255. See attached membership renewal information.

31. General & Financial Risk Assessment

Council is asked to inform the Clerk if there are any additions required to the General & Financial Risk Assessment. Council is asked to approve the content of the General & Financial Risk Assessment for 2023/2024.

32. Consider the Annual Internal Audit Report 2022/2023 Year End Accounts

Council is asked to note and approve the report from the Internal Auditor and resolve the Audit report. See attached.

33. Section 1 Approve Annual Governance Statement

Council is asked to approve the below statements, taking into account the internal Auditors report; the Chairman will ask Councillors to raise their hands for each question to show approval for the Clerk to minute. Councillors need to be aware and note the Internal Auditors report when answering these questions.

1. We have put in place arrangements for effective financial management during the year, and for the preparation of the accounting statements.

Yes means.

Prepared its accounting statements in accordance with the Accounts and Audit Regulations.

2. We maintained an adequate system of internal control including measures designed to prevent and detect fraud and corruption and reviewed its effectiveness.

Yes means.

Agreed made proper arrangements and accepted responsibility for safeguarding the public money and resources in its charge.

3. We took all reasonable steps to assure ourselves that there are no matters of actual or potential non-compliance with laws, regulations and Proper Practices that could have a significant financial effect on the ability of this authority to conduct its business or manage its finances.

Yes means.

Has only done what it has the legal power to do and has complied with Proper Practices in doing so.

4. We provided proper opportunity during the year for the exercise of electors’ rights in accordance with the requirements of the Accounts and Audit Regulations.

Yes means.

During the year gave all persons interested the opportunity to inspect and ask questions about this authority’s accounts.

5. We carried out an assessment of the risks facing this authority and took appropriate steps to manage those risks, including the introduction of internal controls and/or external insurance cover where required.

Yes means.

Considered and documented the financial and other risks it faces and dealt with them properly.

6. We maintained throughout the year an adequate and effective system of internal audit of the accounting records and control systems.

Yes means.

Arranged for a competent person, independent of the financial controls and procedures, to give an objective view on whether internal controls meet the needs of this smaller authority.

7. We took appropriate action on all matters raised in reports from internal and external audit.

Yes means.

Responded to matters brought to its attention by internal and external audit.

8. We considered whether any litigation, liabilities or commitments, events, or transactions, occurring either during or after the year-end, have a financial impact on this authority and, where appropriate, have included them in the accounting statements.

Yes means.

Disclosed everything it should have about its business activity during the year including events taking place after the year end if relevant.

9. (For local councils only) Trust funds including charitable. In our capacity as the sole managing trustee, we discharged our accountability responsibilities for the fund(s)/assets, including financial reporting and, if required, independent examination or audit. 

Council is asked to note that this item is not relevant and so the Clerk/ Responsible Finance Officer recommends that box N/A is ticked. 

34. Section 2 Certify the Accounting Statements 2022/2023 - Annual Year End Accounts

Council is asked to certify and approve the Accounts. 

35. Signing the AGAR

Council is asked to witness the signing of the AGAR by the Chairman & Clerk/Responsible Finance Officer. 

36. Approve the dates for the Public to exercise their rights

Council is asked to note that the External Auditor has recommend that the dates be advertised as 5th June 2023 to 14th July 2023, the Clerk recommends that these dates are used.  Council is also asked to also nominate a Councillor who could be available to meet with electors should the Clerk not be available during these dates.

37. Wiltshire Council Precept Payment

Council is asked to note that the Parish Precept 2023/2024 first half payment of £5,210.69 is to be received this month.

38. Approval and signing of Parish Accounts for the month of April 2023 Internal Audit Accounts & Audit Regulations 2003 reg 2

Council is asked to approve and sign the accounts. The balance for the Account at month ends 30th April 2023 £7,548.49.

39. Payments LGA 1972 s150 (5)

To review and approve the items of expenditure listed below: 

Invoices 

Wage’s 12th of May 2023 LGA 1972 s111 £255.11

Wiltshire Association of Local Councils Membership LGA 1972 s111 £130.69

Grounds Maintenance Mark Potter Public Health Act 1875 £325.00 

Information Commissioner LGA 1972 s111 £35.00

Copymade Ltd SI-10765 LGA 1972 s111 £80.00

Microsoft Subscription Reimbursement LGA 1972 s111 £59.99

Postage Reimbursement LGA 1972 s111 £1.45

Allotments Postage Reimbursement LGA 1972 s111 £16.32

Zurich Insurance LGA 1972 s111 £422.89

Chitterne Village Hall Hire Additional meeting 022 LGA 1972 s111 £15.00.

Auditing Solutions ltd provision of internal Audit service 2022 2023 LGA 1972 s111 £864.00

Heat & Light LGA 1972 s111 £24.00

Retrospectively 

Wage’s 12th of April 2023 LGA 1972 s111 £245.57

Copymade Ltd SI-10765 LGA 1972 s111 £80.00

Wiltshire Council Allotment Charge period 25.03.23 to 28.09.23 90439746 Small Holdings and Allotment Act 1908 £ 166.00

Receipts: To note receipt of income

Wiltshire Council 1st Half of the Precept Payment £5,210.69

Allotment Income Small Holdings and Allotment Act 1908 £20.00

Allotment Income Small Holdings and Allotment Act 1908 £87.50

Allotment Income Small Holdings and Allotment Act 1908 £10.00

Payments £2,229.45

Retrospectively £491.57

Income £5,328.19

Total £5,319.04

40. Online Payments

Council is asked to resolve whom will action the online payments between now and the next meeting date.

41. Kings Head

Council is asked to discuss the below requested information from the Parish Borrowing Team. The Chitterne Community Pub Group (CCPG) have supplied the below answers to each question relevant to the group.

The Clerk has contacted the National Association of Local Councils National Accounts and Audit Advisor, and he has come back with the below advice Councillors.

Legal have already advised (as I understand it) that Chitterne Parish Council have the legal power to enter into this arrangement. The question as to whether it would be wise for Chitterne Parish Council to do so strays well into the realms of Financial Advice.

I am, however, allowed to make certain observations as to the risks of Chitterne Parish Council doing so.

1. The scale of the undertaking by Chitterne Parish Council is out of all proportion to its underling financial resources.

2.  Chitterne Parish Council will be entirely reliant on the ability of CCPG and its appointed tenant to meet their financial obligations, and any failure by either would result in the Loan repayment obligation falling back upon Chitterne Parish Council at least until the property could be re-let or re-sold.

3. This would, at least in the short to medium term, result in a significant increase in C P C’s Precepting requirement, and almost certainly lift them beyond any possible entitlement to exemption from External Audit (the Loan Repayments may have this result in any event).

4. It is beyond the scope of my remit to comment in detail upon CCPG’s financial computations and forecasts, but if required to do so (I would have serious issues with some assumptions.

I would urge, therefore, that the Council proceed with the utmost caution in deciding whether or not to proceed with this venture.

Derek Kemp NALC National Accounts and Audit Adviser

1. Details on why you are requesting an extension and why you could not draw down the loan within the period stipulated in the approval letter. 

The Group have replied to the Clerk with the below statement:

Negotiations with the landlord were paused when he explored options for conversion from pub to residential dwelling.  This was rejected by Wiltshire Council however the landlord is appealing that decision.  Negotiations will resume once his appeal is resolved.

2. What is the likelihood that you will draw down the loan within the new stipulated period? And is there a possibility that your plans may change because of the current situation? 

The Group have replied to the Clerk with the below statement:

It is assessed that negotiations for purchase will proceed and can be completed within 12 months.

3. Confirmation that your original council officials who were present at the resolution to borrow are all in post. If this is not the case, a new resolution will need to be drafted and signed by the new appointees. 

Council is asked to note that only one elected Councillor present at the original resolution is still in place, therefore Council will be required to make a new resolution, it will need to be compliant with the PWLB requirements.

4. We need to see an updated version of your 20/21 budget, which needs to balance up and have the new loan repayment (and if applicable, any existing loan repayment(s)) factored in 

Council is asked to note that the present 2023 2024 budget agreed at the January 2023 meeting does not take into account the Kingheads purchase. 

5. We need to see an updated version of your 21/22 budget, or a cash flow forecast table, which needs to balance up and have the new loan repayment (and if applicable, any existing loan repayment(s)) factored in. 

Council is asked to discuss the preparation of a cash flow forecast table. 

6. What portion (£ and %) of your expenditure is flexible (uncommitted expenditure)? 

Council is asked to note there is only £2,500.00 in the General Reserves and Contingencies budget line. There is no uncommitted expenditure within the Parish Councils 2023 2024 budget.

7. Could you please send me your recent annual returns (AGAR). 

Council needs to be aware that the AGAR shows evidence of 8 areas of not covered. This may affect the application for an extension to the loan.

8. What is your overall reserve position?  Could you please provide reserves projections or statements as supporting evidence (for reserves Earmarked for the repayment of the loan and non-Earmarked).

The Group have replied to the Clerk with the below statement:

No change to detail in original business plan.

(Council is reminded of the Internal Auditors recommendation). 

9. Have you secured funding from other sources and are these still secured?   

The Group have replied to the Clerk with the below statement:

No, the Share Offer has been prepared for launch and approved but will not be issued until we know that we have secured the pub.

(Council is reminded of the Internal Auditors recommendation and the legal requirements).

10.(If applicable) Did the council tax precept for the purpose of the loan repayment actually happen? 

The Group have replied to the Clerk with the below statement:

Not applicable

11. Are the residents very much broadly still in favour of the project/application? How have they been kept updated? 

The Group have replied to the Clerk with the below statement:

Yes, updated regularly through Chit Chat (village newsletter) and Pete Net (village email notification system).  Resident support is evidenced by public responses to ACV/2022/00001 and PL/2022/00563 (and potentially by the response to the landlord’s planning appeal)

(Council is reminded of the Internal Auditors recommendation).

12. We also need some understanding as to how sure you are in drawing down the loan in the next 12-month extension period that will eventually be granted. 

The Group have replied to the Clerk with the below statement:

The pub is for sale now and is subject to an ACV, we have the funds to purchase, and the change of use has been rejected although the appeal is ongoing.  If it is to be purchased this is achievable once the appeal is rejected and this likely within 12 months.

13. Are you relying on other sources of funding, if yes, are these still secured?

The Group have replied to the Clerk with the below statement:

No, the Share Offer has been prepared for launch and approved but will not be issued until we know that we have secured the pub.

(Council is reminded of the Internal Auditors recommendation).

42. Flooding and the Cut

Council is asked to note that Daniel Everett the Principal Drainage Engineer for Wiltshire Council Drainage has informed the Clerk following Councillor Charles Horsfall’s email with attached mapping regarding silt build up in the cut, that No silt can be removed from the cut until the water levels drop. He is unsure who the riparian owner is in the location mentioned within the email, but he can have a look once the water levels drop later in the year.

Council is asked to note the email correspondence received from Greg Reeve Rural Maintenance Manager Landmarc Support Services Ltd to Councillor Charles Horsfall.

We are currently waiting for the end of nesting season before we begin any works, but I also remember you were going to speak with the council to ensure they were made aware of an expected increase in flow through the village and to make sure they were content that this would not be a problem downstream.

43. Community Speed Watch

Council is asked to note a report from Councillor Lexa Turner, if required.

44. Recreational Area Health & Safety

Council is asked to hear Councillor Christian Emmerson report on his Health & Safety check reports actioned on the play equipment. If required, Council is asked to discuss any action required following any issues highlighted from the report.

45. Meetings for Councillors to consider attending

CPRE Wiltshire’s Annual General Meeting

Council is asked if it wishes to send a representative to the below AGM.

We would like to invite you, your colleagues, and friends to attend CPRE Wiltshire’s Annual General Meeting, which is to be held on 13th of July at 18:30 at the Corn Exchange, Devizes. 

This year’s AGM includes two very interesting speakers as outlined below, who will speak after the business meeting at 19:00 hours:

David Holroyd, Head of Water Quality, Wiltshire Fisheries Association 

A talk on the special attributes of the river Avon and the urgent action needed to stop the falling trends in water quality.

Alan Maryon-Davis, Chair of Nadder Community Energy

A talk about the Nadder Valley Community Energy Project. Community energy is a growing movement in which energy generation is owned not by large industrial companies but by local communities, with the profits invested back into the community.

Typical ways to generate renewable energy are wind turbines, heat pumps, biomass boilers, anaerobic digesters, hydro schemes, and PV (solar) panels on roofs or mounted on the ground. 

AGM Agenda and documents

The agenda for the AGM is shown below, all other information relating to the 2023 AGM can be found on the website from 7th of June at the following link: https://www.cprewiltshire.org.uk/resources/, This includes the minutes of the 2022 AGM, Chairmans Report, Treasurers Report and 2022 – 2023 Accounts. 

A short description regarding current Trustees/staff etc., can be found at the following link: https://www.cprewiltshire.org.uk/meet-the-team/

46. Correspondence received

Chitterne Village Hall Committee

Council is asked to note the below correspondence and confirm that the correct action will be taken in the future in regard of the Village Hall and Village Hall Car Park.

The Village Hall Committee request that they are contacted prior to any arrangements to use the Village Hall and Village Hall Car Park please. The contact should be made directly to the booking’s secretary or as a secondary option to Lexa Turner as the representative, this can be done via email which the CPC already has.  

To avoid confusion such as the recent shed and skip project issue, the Village Hall Committee request availability is sought prior to any event or access need of the CPC and councillors. The bookings secretary can be contacted to advise on availability in advance for potential discussion as well confirmations made of bookings.  Please ensure any bookings are confirmed with the Village Hall bookings secretary prior to "advertising" any access need for example, arranging volunteers to support a project etc.  We are fortunate the village hall is seeing an increase in bookings from both parishioners and also external bookers; therefore, it is essential to ensure no disruption to any bookings that exist for the hall as this would directly impact further bookings and the reputation of the hall.

Canicross Event

Council is asked to discuss the below request received and inform the Clerk of its decision.

(A risk assessment and copies of the events insurance would be required, as a minimum for the event)

I have been given the lovely task (!) of checking out a variety of possible locations for a Canicross event, most people don't know what this is, unless you are in it!   In short, its running with your dog, dog attached to the owner, and its who gets to the finish line the quickest.  We tend to do them early autumn, when the heat has gone, and try to find new locations in the West (where most of our members are).

I have a few locations to check out, and Chitterne has been suggested.  I am not local to you, so don't know the area well.  I have been advised you have a playing field that we may be able to hire/use? Very roughly, we tend to get 20 to 30 people, with dogs, and we set them off in small groups.  But we need somewhere to log everyone in and out and provide kit / signing in and their final medal, the hub of the event if that helps.   Likely to be a Sunday in October.   

Booklets and Brochures on the below list were also received.

Clerks and Councils Direct 

CPRE Membership 

All the below email correspondence received by the Clerk has been emailed to Councillors.

Draft Unapproved Extraordinary Minutes 17.04.23

RE: CVH Shed Discussion Outcome 

FW: Ticket Fraud [#103498533]

FW: Wiltshire Council Planning Peer Review

FW: 📰 NALC Newsletter

FW: 👤 Chief Executive's Bulletin

Appeal Hearing Notification - PL/2022/00563 and PL/2022/00784 - The Kings Head, Chitterne, Warminster - APP/Y3940/W/22/3313477 & 3312123.

Chief Constable fortnightly update to the Police and Crime Commissioner – 28 April 2023

FW: 📆 NALC Events

RE: CVH Shed Discussion Outcome

New Councillor Documentation

RE: SRP 5/23/05 Application 2022-23 (019) Urgent Question for a meeting tonight re a possible extension to borrowing approval 

APM Notice

FW: Local Impactive Crimes 1 to 5 May 2023 - WARMINSTER

CPRE FW: It's late spring - with dates for your diary.

FW: National knife campaign Operation Sceptre launches today.

FW: 👤 Chief Executive's Bulletin

FW: 📆 NALC Events

47. Clerks Report

Play Area Safety Checks.

Council is asked to discuss sending the play area representative on the below course when it is rescheduled by the Wiltshire Association of Local Councils.

One Day RPII Routine Inspectors Course

The Routine Training Course is a one-day course which covers the daily and weekly inspections only.   The morning will consist of a presentation and questions and the afternoon will consist of on-site practical training and a practical on-site examination.  The Play Inspection Company will issue Certificates of Attendance for anyone not wishing to take the exam.

It is a requirement of the Councils’ insurance that all play areas and equipment are inspected regularly and that records of these inspections are kept safely.

Syllabus

The benefits of play

Injuries occurring on playgrounds.

Legal responsibilities

Inspection techniques for basic equipment types

The inspection procedures of their verifying employer

Course attendance fee for WALC members – £125 excl. VAT (per person)

Course attendance fee for WALC non-members – £230 excl. VAT (per person)

Optional RPII Routine Examination – £110.00 excl. VAT (per candidate)

Staffing Committee.

Council is asked to note that the Staffing Committee will need to make arrangements to meet to look at the Internal Audits comments regarding the Clerks Employment.  The Staffing Committee is asked to look at prospective dates when they may all be free to attend a meeting specifically for this purpose.

48. Parish Clerks Delegated Powers

The Clerk will give Council details of any matters dealt with under her delegated powers since the last meeting of Council. LGA 1972 s101.

Application No: PL/2023/02842

Application Type: Notification of proposed works to trees in a conservation area

Proposal: Apple tree - fell

Site Address: ST MARYS LODGE, 102 CHITTERNE, WILTSHIRE, BA12 0LH

Decision: Councillors are uncomfortable with the proposed felling of a tree to make it easier to manoeuvre cars. The tree was left in place when the vehicle access to the house was, relatively recently, altered. If the tree itself is in some way unsafe, then that is a different matter.

49. Notice of items to be taken into consideration at the next meeting. 

Councillors are asked to highlight any items to the Clerk. 

Allotments

Community Emergency Plan update 

Quarterly Budget Status

SLCC National Conference 

Vat Reclaim 

Website

Banking

Recreational Wall

Recreational Area Policy

Annual Parish Newsletter

Laptop

Clerks Travelling

Clerks Hours/Toil

If Councillors have been approached by parishioners with an issue/item for Council to investigate, please can Councillors complete an Agenda item reporting form and send it to the Clerk within 6 clear days of the next meeting. If Councillors wish motions to be included on the next Agenda, they need to be sent to the Clerk before the 29th of June 2023 as per Standing Orders). See below:

Standing Orders 9. Motions for a meeting that require written notice to be given to the Proper Officer 

A. A motion shall relate to the responsibilities of the meeting for which it is tabled and, in any event, shall relate to the performance of the Council’s statutory functions, powers and obligations or an issue which specifically affects the Council’s area or its residents. 

B. No motion may be moved at a meeting unless it is on the agenda and the mover has given written notice of its wording to the Proper Officer at least (6) clear days before the meeting. Clear days do not include the day of the notice or the day of the meeting.

C. The Proper Officer may, before including a motion on the agenda received in accordance with standing order 9(b), correct obvious grammatical or typographical errors in the wording of the motion. 

D. If the Proper Officer considers the wording of a motion received in accordance with standing order 9(b) is not clear in meaning, the motion shall be rejected until the mover of the motion resubmits it, so that it can be understood, in writing, to the Proper Officer at least (4) clear days before the meeting. 

E. If the wording or subject of a proposed motion is considered improper, the Proper Officer shall consult with the chairman of the forthcoming meeting or, as the case may be, the councillors who have convened the meeting, to consider whether the motion shall be included in the agenda or rejected. 

F. The decision of the Proper Officer as to whether or not to include the motion on the agenda shall be final.

50. Items for Parish Newsletter & Notice Boards

Councillors are asked to discuss the items it wishes highlighted for the Parish News & Notice Boards

51. Date for the next Parish Council Meeting 

Council is asked to note that Monday 10th July 2023 is the date of the next Parish Council Full Council meeting. It will start at 7.30pm. All are welcome to attend.

Sarah Jeffries PSLCC Parish Clerk

Council are asked to note that in the exercise of their functions they must take note of the following: Equal opportunities (race, gender, sexual orientation, marital status, and any disability); Crime and Disorder, Health and Safety and Human Rights. Any person who may find difficulty in access to the meeting through disability is asked to advise the Clerk (07540 611906) or 01985 213436 email clerk@horningshamparishcouncil.gov.uk  at least 24 hours before the meeting so that every effort may be made to provide access.