MINUTES OF THE MEETING OF PORTSKEWETT COMMUNITY COUNCIL
HELD IN ARW SCHOOL TUESDAY 20th NOVEMBER 2007

The Mayor of Caldicot, Councillor Ashwin asked members if they knew how many burial spaces were left in the Churchyard in Portskewett. He was aware that the villages surrounding Caldicot have very few spaces left.  The exact number of is not known and the Clerk advised Councillor Ashwin to approach the Secretary of the Benefice of Caldicot.  Councillor Griffiths informed Councillor Ashwin that the Community Council had offered some land to the Church but it had been refused.  Other sites have been looked at but were unsuitable.  Lack of burial space seems to be a national problem.  Councillor Ashwin advised that the Dewstow cemetery would be at capacity in approximately five years.  Councillor Ashwin thanked members for their time.

1.         SIGN THE ATTENDANCE BOOK

            The Attendance Book was duly signed. 

• APOLOGIES FOR ABSENCE
  
  Apologies had been received and accepted from Councillors Parker, Watkins and Fox.
  

3.         MINUTES OF THE LAST MEETING

 
It was proposed by Councillor Nurcombe and seconded by Councillor Griffiths and agreed that the minutes of the last meeting were accepted as a true record.

4.         MATTERS ARISING

• Traffic Calming and Warning Signs for School
   No progress to report.
  
• The Lease on The Quest
  Awaiting new lease.
  

e)   Designation of Bridleway
      The Rights of Way Improvement Plan can be viewed on the MCC website.

• Claim Against Council Insurance
  The claim has now been finalised.  No further comments. 
  
• Broken Fence on Harold’s Park Side of Sudbrook Bridge and State of Bridge
  No progress to report.
  
• Brow of Hill on Crick Road
  No progress to report.
  
• Warning Signs at Black Rock
  Jerry Lewis had informed the Clerk that two signs were attached to the fences in approx early August.  One is located at the point where the path from the site enters the Common (near the Information Panels) and the other at the closest point (on the same fenceline) to the old slipway.  The County Council have no ownership rights on the foreshore itself, so would not be able to erect signs there.  Mr Lewis thought it more appropriate to warn people of the foreshore dangers before they actually got into the "danger zone”.  The Clerk had checked and the signs were in place.  The signs were very small and not easily noticed. She would contact the Environment Agency to ask if they could erect signs on the foreshore.
  
• Proposed Section 106 Money
   Mr Mike Moran from MCC attended the meeting and distributed notes to members, outlining the process.  The money £99,480 was being held in an account by MCC and any interest accrued would not be available to the community. This is a policy decision.  Groups who had projects that would benefit from the money should express an interest at the earliest opportunity in order for the money to be available to spend from April 2008. If the money was not spent in the financial year it would be carried forward.  If planning application was needed for any project it would have to be paid for but could come out of the S106 money awarded.  Several groups in the area had been identified and Deserie Mansfield from RCA would be helpful in helping them bid as she works with them.  Other funding could be applied for to match any 106 money awarded.  Certain works could be commissioned by MCC would not incur VAT.  There are other potential developments in the area that, if approved, could generate further S106 money.
  
  The Chairman thanked Mr Moran for his time.
  
• Map Case in Sudbrook

             Awaiting the case to be re-sited outside Walker Flats.

• Interpretation Boards Following Time Team Visit to Harold’s Park
   Dr Kate Smith had finished the report and would email to the Clerk.
  
• Laburnam Terrace Streetname
   Awaiting new sign to be installed.  Clerk had emailed MCC to ask when it would be installed.
   
• Pavements in Camp Road and Post Office Row
  No progress to report.
  
• Presentation of 2006/07 Accounts
  No progress to report.
  
• Surface of Manor Way
  No progress to report.
  
• Recycling Service in Leechpool
   The Clerk had spoken to Glyn Edmunds of MCC Waste Management, who had confirmed that the service does operate in Leechpool and collections are on a Tuesday.  Councillor Standing had informed the Clerk that the green waste had been collected.  No further comments.
  
• Cessation of Free Grass Cutting Service
   Members agreed that both sites (The Quest and Sudbrook Play Area and The Camp) should continue to be cut by MCC as they had provided the most competitive quote.  No further comments.
  
• Overgrown Brambles under Benches
   These had now been removed. No further comments.
  
• Village Christmas Trees
  Members debated the cost etc.  Councillor Evans had contacted contractors and lighting manufacturers.  The cost for two trees was £100 each.  The lights would cost approximately £650 plus VAT for each tree.  As the lighting had to be installed by an approved contractor this would cost £80.  A ‘cherry picker’ would have to be used (Health and Safety) which would add to the cost.  The total was likely to be in excess of £1,580.  This cost was difficult to justify given the amount of reserves in the Council’s budget. 
  
  The site of the tree in Portskewett was also debated. As the area near the village green, where it had traditionally been sited was extremely close to the Old Granary, which is currently being developed, it would be impractical and extremely difficult to use this site.  The developer had purchased the whole piece of land in front of the building.  This was Highways land and MCC were entitled to sell it.  The tree could possibly be placed on the main green but there was no electricity supply.
  
  Councillors were very disappointed to make the decision, once again not to have trees in the villages this year.  Clerk to place posters to inform residents of this decision.  No further comments.
  
• Overgrown Trees Belonging to The Mill
   Councillor Watkins had sent his apologies, so was unable to update the Clerk.
  
•  Additional Land Purchased by Barn Developer
   The Clerk had received a letter from Mike Grace of County Farms.  MCC are awaiting valuation of the land.  In light of the concern voiced by members and the terms of the lease, Mr Grace is requesting the surrender of the land subject to the sale of land being agreed.  Councillors agreed that they did not want to surrender any part of the land.  Clerk to write to Mr. Grace.
  
• Planning Application for 40 Dwellings on Sudbrook Road
   No progress to report.  A further amended plan was expected.
  
• Development of Old Shipyard Land in Sudbrook
   No progress to report.
  
• Request for Financial Assistance from Recreation Hall
   The Clerk had received an email from the Chairman who advised that it had been recognised that the Council did not have any representative on the Trustee Board and the position of Councillor Evans and his 'play area' committee could be compromised; it was agreed that the Rec Hall Committee should seek to co-opt him onto the Trustee Board. Co-opted members have full trustee board status.  The cheque for £800 that had been approved at last month’s meeting would be forwarded to the Secretary.  No further comments.
  
• Planning Application to Infill Railway Cutting on Black Rock Road
   A public viewing of the plans was held on 24th October.  A further formal public meeting was held on 12th November, notes from both meetings are detailed in Appendix 1
   
• Bonfire Event
   The event had been a success with expenditure amounting to £665 and incoming money amounting to £786.  No further comments.
  
• Motorhome Parked in Station Road
  The Clerk had been informed by PC Turner that the vehicle is not in breach of any laws.  No further comments.
  
• Weeds in Orchard Gardens
   Clerk had reported to One Stop Shop.  They were now dying back. No further comments.
  
•   Vehicle Parking on Green Area Opposite Portskewett Inn
  The vehicle had now been removed.  No further comments.
  
• Dog Fouling Signs in Harold’s Park
  Awaiting installation.
  
• Possible Reduction in Bus Service
  The Clerk had spoken to Richard Cope of MCC who had assured her that there are no plans to cut any services and it was hoped that some services could be enhanced over a period of time. No further comments.

• REPORT FROM LOCAL POLICE REPRESENTATIVES
  
  PC Turner apologised for not attending the previous meetings.  He had been called away on an emergency.  He reported there had been 47 calls in the past month, 25 of which were significant, including:
  Youngsters congregating in the village but weren’t doing anything wrong, just being noisy.
  An attempted theft of a trailer, the owner chased the offenders off.
  A gentleman saw a trailer that he identified as having being stolen 5 years ago from Bristol.  The ownership is now in dispute.
  An alleged burglary at Station Road but it had been a family member who had taken the items.
  A van had been stolen.  This was an opportunist theft as the keys had been left in the ignition.
  A report had been received about 50 - 60 youths on the village green drinking alcohol.  There were in fact approximately 20.  A bag containing alcohol, that had been purchased by adults was confiscated.  The Police had carried out several ‘test purchases’ of alcohol from the Spar shop and they had always passed the test and not served to underage people.  It was thought that adults were buying alcohol for the youngsters, Police will speak to them if identified.
  A report had been received that a helicopter had crashed, it was a remote control model.
  Cars were allegedly been taken from Parkwall car park.  They had, in fact been taken by a company employed to remove them for parking on the private car park.
  Youths were throwing fireworks into the road.  Police caught them and letters had been sent to parents.
  Youths were creating a nuisance in St. Mary’s Place, they came from a property in the area.
  Two youths reported riding a scooter type machine around The Close.  Anyone who has information, please inform the Police.
  A resident in Sudbrook had had his girlfriend’s car badly scratched.
  Articulated lorries were parking illegally on the industrial estate.  The road had been recently resurfaced and the yellow lines did not comply with legislation.
  ’Boy racers’ were speeding down Black Rock Road
  A hoax 999 call had been received, wasting valuable time and resources.
  A report had been received regarding 2 suspicious males in St. Mary’s Place.  They were representatives from electricity suppliers who did not show their identity cards.
  A customer from Access Platforms had sold the equipment he had hired to pay his rent arrears.  He was arrested.
  Youths had been throwing stones at houses in The Close.
  
  PC Turner informed Councillors that it was likely that a speed gun would be purchased to be used in the area.  After training, it was possible that the Neighbourhood Policing Team could operate them.
  
  
• FUTURE USE OF THE QUEST
  
  The Clerk contacted Tim Bradfield of MCC to inform him that the Community Council was looking at future use of the land and were considering using part as allotments.  He replied that the terms of the lease may have to be changed to accommodate this.  Also planning application may be needed for change of use.  He also advised that it can be a complicated subject, governed by law.  The rate of return, which is quite low, may be outdone by the amount of officer hours in managing the allotments.  The Legal department had advised that all the leases have a use clause in them to limit the use for recreational purposes.  It is possible member’s delegated consent would be required to change the terms.  The rent would probably be the ‘open market’ rate, which might have to be adjusted to take into account any commercial element.  If there were a grant the additional revenue would probably affect the percentage of the grant.  Councillors agreed that allotments would not be provided on the site.  It would remain as a play area, possibly new equipment could be purchased with further S106 money.  The site was well used by dog walkers and children playing football. 
  
• BUDGET 2008/09 FOR DISCUSSION
  
  The Clerk had prepared and distributed copies of the budget to members.  After a lengthy debate it was agreed that the precept should be raised to £17,500, an increase of just under 15%. If the precept were not raised by this amount the budget would be in deficit during 2009.  Approval of the budget would be placed on the agenda for December.
  
  
• MEETING DATES 2008 FOR APPROVAL
  
   The Clerk had distributed copies of the proposed meeting dates.  It was proposed by Councillor Nurcombe and seconded by Councillor Griffiths that these dates be approved.
  
• REPORTS FROM REPRESENTATIVES ON SCHOOL GOVERNING BODIES
  
  a)         Governing Body for Ysgol Y Ffin
              Councillor Nurcombe reported that approval for the relocation of the school was        still being awaited.  The school was fast reaching its capacity.  Councillor Evans would arrange a visit  tothe school to give a talk on fire safety.
  
  b)         Governing Body for ARW Primary School
              No meeting had been held recently.
             
  
• REPORT FROM REPRESENTATIVE ON OTHER COMMITTEES
   
  a)         Area Forum
              Councillor Watts had attended the meeting but there was nothing significant to             report.
  
  b)         Portskewett and Sudbrook Youth Club
              Councillor Watts reported that approximately 40 children attended the club     on a regular basis.  They enjoyed their recent ice skating trip and are currently        planning a Christmas party
  
  c)         New Play Area Committee
              Councillor Evans reported the recent quiz night had raised £155.  The choice of             equipment would be decided on in the near future and would be put to tender.
  
  d)         Magor Flood Group
              Minutes of the meeting held on 14th August had been placed in the circulation            file.
  

11.       DISCUSSION WITH COUNTY COUNCILLOR

 Councillor Fox had sent his apologies.


12.       NEW CORRESPONDENCE

• MCC Planning Committee Agenda.  Circulation
  
• MCC New Planning Enforcement List.  Circulation
  
• MCC  Consultation on future of waste & recycling services.  Discussed/circulation.
  
• MCC  Draft ROW Consultation Report.  Discussed.
  
• MCC  Review of Polling districts, places and stations.   Discussed. 
  
• Monmouthshire Youth Service.  Awareness raising of ten entitlements for youth.  Discussed.
  
• Local Health Board.  GP Out of Hours service.  Circulation.
  
• Severn Tunnel Action Group.  Presentation update.  Circulation.
  
• Clerks and Councils Direct.  Circulation.
  
• MCC Mor Hafren Area Committee Agenda and minutes.  Circulation.
  
• MCC  UDP  Supplementary planning guidance.  Circulation.
  
• Monmouthshire LHB  Annual report can be downloaded from www.monmouthshirelhb.wales.nhs.uk  Circulation.
  
• MCC and Newport City Council.  Coastal Access Update.  Circulation
  
• MCC  Countryside Newsletter.  Circulation.
  
• 1St Portskewett Brownies  Invitation to Christmas concert Saturday 8th December.
  
  

Planning Applications Received
01327 2 dwellings with detached garages and access.  Plots 1 & 2, 40 Main Road  REFUSE
00233  Change of Use to Car Sales.  Part of car park, land to west of Indian Empire, Parkwall.  APPROVE
00445  APPEAL  Single storey extension and conservatory.  Old Telephone Exchange, Crick.  REFUSE
The minutes and notes from the planning meeting are attached to these minutes.
01280  Business signs on building.  Unit 8 Lodge Way.  Severnbridge Ind Est.  APPROVE
01421  Alterations and extensions, 10 Leechpool.  APPROVE
01135  Development of industrial units (outline)  Land adj. Park Hotel, Parkwall.  REFUSE

Planning Applications Approved
01024  Extension with indoor pool.  Garden House, Portskewett.
01012  Industrial warehouse units.  Land off Lodge Way and Norman Way.
00991  Retention of 2 storey extension.  7 Arthurs Court , Portskewett.
00590  Replacement roof with bedroom accomm and single storey extension.  56a Main Rd.
00608  2 storey extension.  Croft Farm, Crick.
00813  Covered yard for housing of livestock.  Oak Grove Farm, Crick
00808  Retention of vehicular access.  51 Main Road, Portskewett.
00197  Barn conversion.  The Barn, Blackrock Farm, Portskewett.
00667  Alterations and extensions – new kitchen and toilet facilities.  Portskewett Church Hall.
00999  5 Residential Units with parking.  Land at 1 Main Road.

Planning Applications Refused
None this month

13.    ANY OTHER BUSINESS
 

• Councillor Turner advised that he would attend the Waste Consultation presentation.
  
• Councillor Standing reported that the new streetsign for King Harold’s View was not bilingual.  Clerk to contact MCC to ask for a sign in English and Welsh.
  
• Councillor Griffiths informed members that the Council Christmas event would be held on 30th December in the Portskewett Inn.
  
• Councillor Watts reported that the light on the warning hump sign on Crick Road was not working.  Clerk to report to One Stop Shop.
  
• Councillor Watts also reported the streetlight at the side of number 1 Oaklands Park was not working.  The number could not be identified as the conifer hedge was growing around the pole.
  
  
  

14.       FINANCE

The Clerk had received the following invoices:
 MCC – Cuts of The Bowl at Harold’s Park - £503.46.  Mr L. Collins, 6 months website maintenance - £90.00.  Royal British Legion – wreath for Remembrance Service - £16.50.  Portskewett and Sudbrook Rec Hall, hire of hall for bonfire event - £18.00
 
The Clerk had received a Worksheet from the Caretaker, Mr Spooner for 5 weeks plus 8 hours overtime.  £320.16

It was proposed by Councillor Nurcombe and seconded by Councillor Griffiths that the above-mentioned payments as well as the following payments be authorised: 

           


15.       DATE AND TIME OF NEXT MEETING

The Chairman thanked everyone for attending and gave the date and time of the next meeting as Tuesday 12th December 2007 at 7 p.m. ARW School, Portskewett. The meeting was then declared closed at 9.35 pm.

Appendix I

MINUTES OF THE SPECIAL MEETING HELD IN PORTSKEWETT CHURCH HALL ON WEDNESDAY 24TH OCTOBER 2007

• SIGN THE ATTENDANCE BOOK
  
  The attendance book was duly signed.
  
• APOLOGIES FOR ABSENCE
  
  Apologies had been received and accepted from Councillor Watkins.
  
• PLANNING APPLICATION 00226 - INFILL OF RAILWAY CUTTING – BLACK ROCK COTTAGE
  
  After the public viewing of the plans Councillor Fox gave members of the public the opportunity to make their comments.  (See page 3)  The Community Council would recommend refusal of this application.
  
• PLANNING APPLICATION 01327- 2 DWELLINGS WITH DETACHED GARAGES – 40 MAIN ROAD PORTSKEWETT
  
  Several residents from Hill Barn View attended to discuss their concerns with members regarding the application.
  
  The proximity of the houses to the rear of the Hill Barn View was a real concern and the loss of privacy that would result.  Number 18 Hill Barn View was particularly affected as one of the proposed new houses was looking directly into the rear.  A 6m extension had been built on number 18 HBV, which was not shown on the plan.  The proposed new dwellings were 3 storey houses.  (There are already 2, 3 storey houses in the vicinity).
  
  The site has flooded badly twice in recent years.  Photographic evidence was produced and will be attached to the Council’s response.  The risk of flooding had been minimised by the building of a bund (banked wall) and stone drain to capture water.  There is no guarantee that this land would not flood again.
  
  Other concerns were:
  
  Protection of the wildlife on the site (bats and slow worms)
  
  Damage to water pipes and existing drainage system.
  
  Possible asbestos present on site.
  
  All the houses have fences to the rear of their houses, the plan proposes to add another inside the site, possibly creating a small channel where debris could gather and attract vermin.
  
  Loss of security as access could be gained from the driveway created on the new development.
  
  Councillor Fox advised that the site was legitimate infill land and would probably be developed.  The Planning Officer went to site and could not gain access as it was so overgrown but she would visit again.  She was not aware of the flooding issue, nor of the extension on 18 Hill Barn View.
   
  The Council would recommend refusal on the grounds above.
  
• 
  PLANNING APPLICATION 00223 – CHANGE OF USE TO USE PART OF CAR PARK FOR CAR SALES – LAND TO WEST OF INDIAN EMPIRE PARKWALL
  
  Recommend approval as long as the applicant adheres to any conditions.
  
• SINGLE STOREY EXTENSION & CONSERVATORY – OLD TELEPHONE EXCHANGE CRICK (APPEAL)
  
  Recommend refusal on the same grounds as the County Council had refused the application.
  
  

The Chairman thanked everyone for attending and declared the meeting closed at 8.20pm

Notes From Public Viewing of Plans for Infill of Railway Cutting at Black Rock Cottage

In excess of 60 members of the public attended and viewed the plans.   County Councillor Peter Fox gave those present the opportunity to publicly air their views to members before the community council give their official response to MCC.  The applicant, Mrs Rowland-Evans was also in attendance.

Councillor Fox advised that the Highways department at MCC were a key consultee and had not yet given their response.

There was then a question and answer session, including the following:

• What will the lorries be carrying? Inert material could be anything.  If the area becomes a landfill site the area would degenerate.

1. Inert soils and sub-soils.  The company (Neal Soils) are a registered waste transfer company.  It is infill not landfill .  The cutting has been used for over 20 years as a fly tipping site.  All this waste would be removed prior to the soil being tipped there.
   

Comment:  Six and eight wheel wagons travelling down Black Rock Road cannot be justified as the lane is so narrow and is a residential area.  The picnic site is regularly used by families and children.  This would be extremely unsafe.

Q.  Why is the infilled required?
A.  To provide more cartilage on the land for resident. No payment will be made to the resident.

Q.  When the cottage was purchased was the resident aware of the cutting.  Was infill planned at that point?
A.   Was aware of cutting but no infill was planned.

Q.  The cutting has been there 150 years, why infill it now?
A.  National Power owned the land and did not need it for the proposed  power station.

Comment:  With the Coastal Path coming through the village has the impact on that been considered?  The footpath will be affected as lots of people use it and the road, for leisure purposes.  Children use the road for cycling to school etc.

Councillor Fox stated that the Community Council have concerns regarding the traffic and safety issues in the residential area.

Comment:  Soil is a very valuable commodity – where is the soil coming from?  Why don’t Neal’s want to use the soil.  The wildlife habitat (bats, slow worms etc.) should be considered. 

Councillor Fox stated that if a formal public meeting were called, Officers from the relevant bodies would be invited to attend.

Mr Ian Cooper, a qualified Highways Engineer read out the letter that he had sent to MCC, a copy of which would be enclosed with the Community Council’s response.  The following points were included:

• He had calculated that the rate of tipping could be 30 trips a week.
  
• Black Rock Road is the access road to various places in the area and is used by a high             proportion of pedestrians, young horse riders.
  
• The cottages on the road have no off street parking, therefore narrowing the   carriageway at this point.
  
• The hazardous double bend on the road causes the forward vision to be substandard.
  
• There are only 2 short sections of footway with most of the road and lane having none.
  
• Black Rock Road does not reach any of the DOT recommended widths along its length.
  

Councillor Fox thanked Mr Cooper for reading the letter.  He stated that the planning application had not got to Planning Committee yet and a site meeting would probably be held.

Comment:  Black Rock Road was built a long time ago – the road could sink, altering the structure which would impact on the houses. Mr Cooper confirmed that if there were shelves of rock that moved as a result of the vibration caused by the heavy lorries, property movement could occur.

The application states that the lorries would come into the village from the Parkwall end but would comply with whatever Highways Dept suggest.

Comment:  A County Councillor had a survey done on Middle Road some years ago.

Q.  What is the weight limit on the roads?
A.  7.5 tonnes but can be heavier for access.

Comment:  The buses can be dangerous on the narrow lanes but they provide a public service.

Comment:  What machinery is receiving the soil at the site?  If the waste company are funding this it would be around £350 per day.  They would need to tip 25 – 30 loads of soil a day to make it viable.  It is likely that unsuitable soil would be used and they would want it tipped within days.

Mr Cooper endorsed the above statement and said it would be almost impossible to control.

Mrs Rowland-Evans said a 20 tonne machine would be on site.  10 – 15 lorries a week after consultation with Planning Authority.

Comment:  A large gas main lies under the first bridge.  The gas supplier would have to inspect the area as it was thought that any long term pressure should not be put on the road at this point.

Comment:  A 20 tonne vehicle will carry 25 tonnes of soil.

Q.  What benefit would there be to residents of the village?
A.  For 20 years unlicensed waste has been dumped in the cutting.  This would be removed.

Q.  How would the lorries access the cutting?
A.  Across the drive of Black Rock Cottage.

Comment:  If one were to walk alongside a lorry as it travelled the lane, the difficulties would be apparent.  There appeared to be no advantage to the villagers.

Comment:  The 7.5 weight limit was introduced for a reason.  Access would mean the occasional delivery etc., not several lorries daily.

Comment:  The application states that the south end of Black Rock Road experiences a low number of vehicles.  This statement is very misleading.  The road is very well used by pedestrians, horse riders etc.

Comment:  The plans that have been submitted are very difficult to read.

The CCW and CADW have been consulted.

Councillor Fox thanked everyone for their contributions and comments. The Highways department would need to look at the application from a highways stance.   If a public meeting were arranged, the Planning department would perhaps take on board the more emotive issues.  Mr Cooper’s letter had raised the Highway department’s interest in this application.

NOTES ON FORMAL PUBLIC MEETING RE BLACK ROCK INFILL APPLICATION HELD 12TH NOVEMBER 2007




140 members of the public attended the meeting.  Councillor Fox took the chair and thanked Mr Murphy for the use of ARW School.  He went on to say that it had been hoped that an Officer from MCC Highways department would be in attendance that department had been formally invited and the Clerk had been advised that someone would attend. It was important that the Highways department heard the views of the community and it would have been very useful for them to attend.   Neal Soils had also been invited and had said they would attend but were not at the meeting either.  The County ecologist had said she would not be attending.  The Free Press also said they would attend but did not.

Councillor Fox then gave some background on the application.  Mr Evans, the resident from Black Rock Cottage then gave his views to the group, including the bridge over the cutting accessing the footpath is showing signs of damage.  None of the reasons given were relevant to the planning application itself.  He said that there would be no financial gain to him and his wife.   Councillor Fox thanked Mr Evans, who then left the meeting.

For the benefit of people who had not attended the previous public meeting, Mr Ian Cooper read out his letter that he had sent to MCC.    He went on to say he endorsed the sentiments Mr Evans had expressed regarding the unruly behaviour at Black Rock but it was not material in the planning application.

Councillor Fox thanked Mr Cooper.  He read out some statistics that Mr and Mrs Sawley of Black Rock Road had collated regarding movements of vehicles, pedestrians and cyclists on Black Rock Road over several days.  These statistics proved that the road is very well used.

Councillor Fox then asked for any questions or comments from the floor.

Q.  What are they going to fill the cutting with?
A.  Not sure of the nature, the planning application says ’inert soils’.

Q.  How will they access the site?
A.  From their own land. 

Comment:  the bridge is a monument and should be left as it is. 

Q.  Is the barn near to the cottage owned by the Evans’
A.  No, also Sustrans are not concerned by the state of the bridge.

Comment:  The historical point of view should be considered.

Q.  Are the other bridges on Black Rock Road in a poor state?
A.  The bridges should be rated in excess of 40 tonnes.  The strength of the bridge was tested 3 years ago.

Q.  There is a gas and sewage main on the road.  Could a preservation order be placed on a bridge?

Q.  If this application were allowed, other landowners with parts of the cutting further up the road could also submit similar applications.

A.  Councillor Fox stated that this is a genuine fear.

Q.  Does Mr Evans actually own the land?
A.  Yes he does.

Comment:  Large lorries travel through Leechpool twice a week, they do not slow down.

Comment:  A resident of Black Rock Road cottages said that in the recent pylon works, she had been asked several times to move her car that is parked outside her house as the large vehicle could not pass.  It would be dangerous to put children into the cars if large lorries were likely to pass.

Comment:  Neil Soils are very responsible, only 5 lorries a day would be using the road and they could turn in the picnic area.

Councillor Fox replied that it would be difficult to police the 5 lorries, it could be more.  The dangers to pedestrians walking the lane if 6 or 8 wheel lorries were travelling the road at the same time.

Comment:  In 2005, Neal Soils were prosecuted for moving unlicensed soil.

Comment:  The application states ‘inert soil’, the wording was vague.  Most of this material has a commercial value.  The soil could be coming from various sites.

Mr Cooper advised that the 7.5 tonne weight restriction on all the access roads was put in place for a reason.  There is no value to the community to absolve the weight restriction.

Comment:  The implication made by Mr Evans that the eroding footpath could be rectified if the application was allowed was incorrect.  The state of the footpath did not rely on the application being approved.  A full time machine operator would be employed at the site, 5 lorry loads of soil would not be enough to justify this, the lorries would be continuously bringing soil to the site.

Comment:  Houses on the road could be subject to vibration as they are built on an outcrop of rock.  The road is an old country lane that has recently been resurfaced.  It could be damaged with the large lorries travelling it.  This could lead to needing major work.

Comment:  There is no substructure to the road, it has pot holes, no verges.  As it has recently been resurfaced it would be sheer lunacy on the Highway authority to allow this.

Mr Cooper advised that the Highway Authority could charge the developer for any damage incurred, however MCC did not appear to do this.

Comment:  How long would it take to get the road resurfaced again.

Q.  Could MCC buy the cutting for recreational purposes.
A.  It would be very difficult as the land was owned privately.

Q.  How would disabled people in wheelchairs for example manage if lorries were travelling the road at the same time?

Q.  If the road is damaged and the edges pushed out, it could affect neighbouring properties.  Who would pay.
A.  Would have to claim on house insurance.

Comment:  The neighbouring fields and fences could be damaged allowing livestock to get onto the road.

Q.  Who would be responsible for health and safety of the local residents?
A.  If there were an incident or accident, a planning enforcement Officer would investigate.

Q.  What has changed since the original plans were submitted 5 years ago?
A.  This is not an amendment, it had been waiting for environmental studies to be concluded.  It is the original application.

Q.  What can be done to make sure it doesn’t happen?
A.  Councillor Fox advised people to write to Planning Department.  He would be attending the Planning Committee meeting and would request a site meeting.

Q.  What studies had been done?
A.  Wildlife, archaeological etc.  Councillor Standing advised that in August 2006 Neal Soils  issued 3 reports to MCC – Ecological, bird migration and reptile survey.

Q.  Are the Planning Committee meetings open to the public?
A.  Yes but public can’t speak.

Q.  Have Neal Soils commissioned a water survey?  There could be a problem with contaminated water leaching into surrounding area including the river.  The land already is subject to erosion.

Mr Cooper agreed with the comment regarding the leaching.

Comment:  The Environment Agency need to be aware of this application.

Comment:  This application was governed by greed.

Comment:  An official complaint should be made to the Highways Department for non attendance.  Mr Cooper has not had an acknowledgement to his letter.

Q.  When will the Officer’s recommendation be known?
A.  A few days before the Committee meet.

Q.  Could the Judicial Review process be used here?
A.  This could be invoked if the application were successful.

The internal complaints procedure could be used.

Q. Could the Planning Committee meeting be deferred until the Highways had met the community? 
A.  Councillor Fox advised that Mr Cooper’s letter was held in high regard by the Highways department.

Q. Were the Highways department formally invited?
A.  Yes, by email to David Harris, Head of Highways.

Q.  If the application is refused can it be resubmitted?
A.  He could appeal.

Comment:  Councillor Standing stated that a lot of reasons to object had been heard.  Section 106 money is attached to any large developments, which is fed into the community.  No such money would be made available from this application.


A vote was taken as to whether the application should be allowed. The vast majority voted against the development.

Councillor Fox thanked everyone for attending and for their contributions.