Draft Unapproved Minutes

Monday 22nd May 2023

Chitterne Parish Council

 

9 Beech Grove, Warminster, Wiltshire, BA12 0AB Tel: 01985 213436

Chairman: Councillor Charles Horsfall Clerk Mrs. Sarah Jeffries PSLCC 

 

Minutes of the meeting of Chitterne Parish Council held on Monday 22nd May 2023 at 7.00pm.

 

Present: Councillors, Christian Emmerson, Lexa Turner, John Dillon, Julia Hendricks, and Jane Bell.

 

In attendance: The Parish Clerk, Mrs. Sarah Jeffries PSLCC, and 6 parishioners.

 

Public Question Time Public Bodies (admissions to meetings) Act 1960 s

Public Bodies (admissions to meetings) Act 1960 s 1 extended by the LG Act 1972 s 100. 

 

Chairman of the CPC group asked that further time be given for a briefing to be given directly to the Parish Councils regarding the Kings head. There was a need to update the data they had recently given. The Vice Chairman agreed that this would be put forward and agreed within the Kings head Agenda item.

23/001 Election of Chairman LGA 1972 ss 15 & 34

Resolved: Councillor Charles Horsfall was voted as Chairman 

23/002 Election of Vice Chairman LGA 1972 ss 15 & 34

Resolved: Councillor Christian Emmerson was voted as Vice Chairman.

23/003 Councillors to sign their Acceptance of Office LGA 1972 Section 83(30)

Resolved: The Clerk witnessed the signing of the acceptance of office.

23/004 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.

Resolved: noted Councillor Charles Horsfall has given his apologies. Council resolved his reason for absence. 

23/005 Dispensations

Resolved: none received.

3/006 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)

Resolved: none given.

 

 

23/007 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.

Resolved: not required

 

7.20pm Standing Orders were stood down for item 32 and 41 to be agreed to be moved forward and to allow the CPCG Chairman to speak. 

 

The CPCG Chairman mentioned that what is within this agenda, published to the community provided by the CPCG recently is outdated information regarding the Kings head, there was a need for the CPC group to put forward an updated business case.

 

7.27pm Standing orders reinstated

23/008 Consider the Annual Internal Audit Report 2022/2023 Year End Accounts

Resolved: accepted the Internal Auditors report. All agreed.

23/009 Kings Head

Resolved: that this below item would not be decided on tonight as the CCPG had stated in public session that the replies they had given were out of date and that they required time to resubmit their replies to the questions. It was agreed that their request for a separate meeting be set to discuss this item was approved.

It was agreed that Councillor John Dillion would liaise with the pub group. Councillor Lexa Turner to seek availability of the hall. The Chairman would arrange to call an extraordinary meeting and that the below be placed as an Agenda item again. 

 

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).

 

7.40pm Standing orders were stood down again for PCO Leigh Holcombe to speak to Council. Councillor Lexa Turner had made him aware of the meeting.

 

PCSO Leigh Holcombe introduced himself, he covers Chitterne. The Rural Policing Teams are spread thin in this area and there are only 4 PCSOs covering the whole of the Westbury and Warminster area. He is happy to be contacted and assist in any way he can.  Contact can be made via the website or email.

 

7.43pm Standing orders reinstated 

 

23/010 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)

Resolved: that they were a true record of the meetings decisions. Proposed Councillor John Dillon seconded Councillor Julia Hendricks.

23/011 Chairman’s announcements

Resolved: noted none to give.

23/012 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

Resolved: no additional Committees are required.

 

Staffing Committee – Vice Chairman and three other Councillors

Resolved: Councillor Christian Emmerson, Councillor Lexa Turner and Councillor John Dillion would make up the Staffing Committee. 

 

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

Resolved: Full Council would continue to discuss applications. 

 

The parish representative for each of the below would be:

 

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

Resolved: Councillor Christian Emmerson.

 

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

Resolved: Councillor Lexa Turner.

 

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

Resolved: Councillor Lexa Turner

 

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

Resolved: Councillor John Dillon. 

 

 

 

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

Resolved: Councillor Lexa Turner stood down as the lead but will support any efforts moving forward.  Councillors Jane Bell and Julia Hendrick to take on the Traffic Working group and the above responsibilities. 

 

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.

Resolved: Councillor Christian Emmerson. 

 

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

Resolved: no representative required. 

 

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

Resolved: no one came forward, to be discussed at the next meeting.

 

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

Resolved: Councillor John Dillon.

 

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

Resolved: Councillor Christian Emmerson.

 

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

Resolved: Councillor John Dillon.

23/013 Review and adoption of Parish Documentation

Resolved: approved 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

23/014 Financial Regulations

Resolved: approved the adoption of the Financial Regulations with the updated threshold at £30,000.00 and resolved Councillor Julia Hendricks 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.

23/015 Code of Conduct

Resolved: approved the adoption of the Local Government Association Code of Conduct for 2023 along with the Civility and Respect programme.

 

8.04pm A break in the meeting was taken. 

 

Vice Chairman Councillor Christian Emmerson advised that due to ill health the Clerk would be sent home. The Wilton Town Council Clerk/Responsible Finance Officer Clare Churchill PSLCC who was present offered to stand in for the Clerk. The Vice Chairman thanked her for her offer Council resolved to take this offer. Wilton Town Council Clerk/Responsible Finance Officer Clare Churchill PSLCC took the position of Clerk to assist the Council with the remaining Agenda items.

 

8.10pm The meeting was reinstated.

23/016 Delegation

Resolved: confirmed 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.

23/017 General Power of Competence

Resolved: noted, it does not have the eligibility for the use of the General Power of Competence. Council noted the Clerk recommendation 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.

23/018 Bank Signatories

Resolved: confirmed the Bank Signatures for the next Civic Year. Councillor Charles Horsfall, Councillor Christian Emmerson, and Councillor Lexa Turner. The Clerks recommendation that when the Unity Trust Account is open, that the Council resolves that all Councillors are signatories was agreed.

 

Council noted that 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 approved 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.)

23/019 Co-option

Resolved: Councillor Julia Hendrickse will represent Chitterne All Saints Ward. Council noted that there is still a vacancy for Chitterne All Saints Ward parishioners. 

23/020 Councillor Specific Email Addresses

Resolved: that Cllr.initialsurname@ to be discussed further at the next meeting, new email addresses will not be set up until after the last meeting.

23/021 Planning

Planning Appeal

Resolved: Councillors John Dillon and Charles Horsfall will attend the below meeting and only speak from the previously Chitterne Parish Council submitted statement or confirm facts.

 

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.

 

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

23/022 Planning Decisions

Resolved: noted the below decisions made by Wiltshire Council.

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: No objection.  

(Need update from Clerk as to what was submitted Councillors not too happy with Wiltshire Councils decision). See minute number 23/048 for Clerks delegated reply to planning).

23/023 Parish Steward

Resolved: Councillor John Dillon will liaise with the Parish Steward; next scheduled visit is 1st June 2023.

 

23/024 Recreational Area Health & Safety

Resolved: Councillor Christian Emmerson reported that he had checked the recreational area the previous weekend and no issues were raised.

23/025 Jubilee Tree

Resolved: the below was motion was agreed. It was noted that the Bench had been donated to the village by Ian Bell and Councillor Jane Bell. It was agreed that the Plaque be arranged and the Bench to be added to the Asset Register.

 

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 highlight to Council that three quotes are required as per financial regulations)

Suggested wording:

In Commemoration of 

HM Queen Elizabeth II

1952 - 2022

 

 

 

23/026 Asset Register Review

Resolved: Approved. Circular Bench to be added (see minute number 23/025)

23/027 Village Hall 

Resolved: to support the Village Hall Committees Area Board Grant application. It was agreed.

to look at the budget regarding the Wi-Fi costs before making a decision on the payment. Councillor Lexa Turner reported the below:

 

  • They had held their AGM recently; Paul is continuing at Chairman and Committee will continue. 
  • Ukraine evening was well supported and over £1000 raised.
  • VH Trustees volunteered time and deep cleaned the hall, including chairs.
  • Invoice submitted for 50% of Wi-Fi costs (as per the agreement in place)
  • ChittFest is the next big event but needs volunteers to happen, currently at risk of being cancelled if insufficient volunteers.
  • Chitterne Parish Council need to speak to Village Hall committee before recruiting volunteers or accessing the hall.
  • Floor quote – need a new floor for H&S reasons, obtained three quotes and decided to accept cheapest quote. Can Chitterne Parish Council consider financial support/gifting a donation towards the project.
  • Check village hall ownership, if it is owned by Chitterne Parish Council it needs to be added to the Asset Register.

23/028 Flood Equipment Shed.

Resolved: noted Councillor Charles Horsfall email content below. 

It was noted that there needs to be three like for like (same size and material) quotes to make a decision on the shed purchase. It was noted that the majority of items in the skip came from the cricket club. That the decision to get the skip was made by a Councillor personally not by the Corporate Body. This must not happen again; all financial decisions must be made by the Council not an individual Councillor. Decision on payment to be made at the last 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 a private residence in the village but should not remain there indefinitely.

23/029 Climate Action Planning Workshop

Resolved: Councillor John Dillon to be the lead Councillor on this. That Chitterne Parish Council take into account the climate emergency and the environment in its decisions moving forward.

 

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.

23/030 Data Protection Fee

Resolved: noted the GDPR/Data Protection Act 2018 Data protection renewal fee below is due –the ICO will collect the direct debit payment on or before 11/06/2023. Council approved the payment.

 

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:  

Pay by direct debit.

  • 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.

23/031 Insurance

Resolved: approved the payment of the Insurance. Council confirmed that there was no need for any amendments. The Council has a 3-year agreement in place. The cost for the next years provision is £422.89.

23/032 Wiltshire Association of Local Councils Membership

Resolved: approved 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. 

23/033 General & Financial Risk Assessment

Resolved: approved the content of the General & Financial Risk Assessment for 2023/2024.

23/034 Consider the Annual Internal Audit Report 2022/2023 Year End Accounts

Resolved: noted and approved the report from the Internal Auditor and resolved the year end accounts. 

23/035 Section 1 Approve Annual Governance Statement

Resolved: Approved the below statements, taking into account the internal Auditors report

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

Yes, it has 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.

No, it has not, 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.

No, it has not 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.

No, during the year it 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.

No, it did not. 

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.

No 

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.

No

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.

No

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 noted that this item is not relevant and so the Clerk/ Responsible Finance Officer recommendation that box N/A is ticked was agreed. 

23/034 Section 2 Certify the Accounting Statements 2022/2023 - Annual Year End Accounts

Resolved: certified and approved the Accounts. Council Certified it was exempt from External Audit as both income and exp are below £25,000.

23/036 Signing the AGAR

Resolved: witnessed the signing of the AGAR by the Chairman & Clerk/Responsible Finance Officer. 

23/037 Approve the dates for the Public to exercise their rights.

Resolved: noted that the External Auditor has recommend that the dates be advertised as 5th June 2023 to 14th July 2023, the Clerk recommendation that these dates are used, was agreed.   Council nominated Councillor John Dillon would be available to meet with electors should the Clerk not be available during these dates.

23/038 Wiltshire Council Precept Payment

Resolved: noted that the Parish Precept 2023/2024 first half payment of £5,210.69 had been received this month.

23/039 Approval and signing of Parish Accounts for the month of April 2023 Internal Audit Accounts & Audit Regulations 2003 reg 2

Resolved: approved and signed the accounts. The balance for the Account at month ends 30th April 2023 £7,548.49.

23/040 Payments LGA 1972 s150 (5)

Resolved: reviewed and approved the items of expenditure listed below: It was agreed that the Hall Wi-Fi invoice to be discussed at the next meeting. 

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

23/041 Online Payments

Resolved: Councillor Christian Emmerson and Councillor Lexa Turner will action the online payments between now and the next meeting date.

23/042 Flooding and the Cut

Resolved: noted 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.

23/043 Community Speed Watch

Resolved: noted a report from Councillor Lexa Turner.  The Traffic Working Group was set up and roles were assigned, there has been a disappointing response, so no significant update.

23/044 Recreational Area Health & Safety

Resolved: noted Councillor Christian Emmerson report on his Health & Safety check reports actioned on the play equipment. 

 

23/045 Meetings for Councillors to consider attending.

CPRE Wiltshire’s Annual General Meeting

Resolved: no one available to attend

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/

23/046 Correspondence received.

Chitterne Village Hall Committee

Resolved: noted the below correspondence and a report received from Councillor Lexa Turner.

 

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

Resolved: not to allow as dogs are not allowed on the recreation ground. It was noted that the Hunt with their dogs are allowed on but they have a system to clear up afterwards.

 

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

23/047 Clerks Report

Play Area Safety Checks.

Resolved: that the below agenda item be placed on the next agenda.

 

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.

Resolved: noted, that the Staffing Committee will need to make arrangements to meet to look at the Internal Audits comments regarding the Clerks Employment.  Date to be arranged, to be held before the next Parish Council meeting.

23/048 Parish Clerks Delegated Powers LGA 1972 s101.

Resolved: noted the below

 

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.

23/049 Notice of items to be taken into consideration at the next meeting. 

Resolved: the below items:

 

Allotments

Quarterly Budget Status

Vat Reclaim 

Website

Banking

Recreational Wall

Recreational Area Policy

Annual Parish Newsletter

Laptop

Clerks Travelling

Clerks Hours/Toil

Village Hall Wi-Fi Invoice

 

Councillors noted that if they have been approached by parishioners with an issue/item for Council to investigate, that Councillors needed to complete an Agenda item reporting form and send it to the Clerk by the 29th of June 2023 due to the Bank Holiday 

 

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 the councilors 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.

23/050 Items for Parish Communication System & Notice Boards

Resolved: that the draft minutes are placed on the noticeboard and a copy sent out on Pete net.

Public meeting date re the Kings head.

Thank you from Chitterne Parish Council to everyone who volunteers to assist with the upkeep of the village.

23/051 Date of the next meeting

Resolved: that Monday 10th July 2023 is the date of the next Parish Council meeting. The meeting will start at 7.00pm All are welcome to attend.

 

The meeting ended at 21:32 pm. 

 

 

Signed Councillor …………………………………………. Dated ……………………….

 

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