Council Meeting – 9th July 2024

a)      All Councillors are reminded to keep their Register of Interests up to date (available online at: https://www.cornwall.gov.uk/people-and-communities/community-area-partnerships/penwith/ )

All Councillors must declare any interest i.e. Disclosable Pecuniary Interest (DPI), Other Registerable Interest (ORI) or Non-Registerable Interest (NRI), in items on the agenda and the nature of the interest. In keeping with the Council’s Code of Conduct, Members must leave the meeting during the discussion relating to the item in which the interest has been declared unless a dispensation has been requested by the Member and granted by the Council.

To resolve – that the minutes of the meetings of the council, as above, having been circulated, be taken as read, approved and signed by the Chairman as a true and accurate record of the meeting.

–          2 applications received for the Crowlas Ward

–          Agree the extension to the fernbank contract

–          Castle Gate bus shelter – funding approval needed.

–          Update on Chy an Gweal bus shelter

–          Rats – a report and recommendation from Cllrs S Oliver and L Miucci

–          Thefts from sheds at Church Hill Allotments

–          Plot inspections

–          Community Chest funding for allotments / path by plot 29B

–          Request for permission to have keep hens (Long Rock allotments)

Members to bring their suggestions for parish boundary sign locations.

–          Community hall working group

–          Headstone checking working group (cemeteries)

1.      Email from local resident – requesting free swims for children in Ludgvan Parish at the Jubilee Pool

2.      Cornwall Council – notification relating to a property asset in the parish: Castle an Dinas Fort and POS Scheduled Monument, Penzance  (previously circulated)

          i.             Any items deferred from this meeting

         ii.            Review of Ludgvan Parish Council Business Plan

       iii.            CIL – use of funds

iv.            Repair and renovation of the chapel building at Crowlas Cemetery – to receive an update and agree on the next actions to take, including:  Asbestos Management Plan; Funding application/s   (National Lottery Heritage Fund)

v.            St Paul’s New Cemetery

a.       To agree to start new second row, before the slope down to the bottom of the field (gets waterlogged in wet weather)

b.      To agree how to set out the cremated remains section

To resolve: that in accordance with s.1(2) of the Public Bodies (Admission to Meetings) Act 1960, the Press and Public be excluded from the meeting during the consideration of the following business owing to the confidential nature of that business.

Councillors absent: Cllr Savill.

Apologies received from: Cllr Savill.  Noted.

Cllrs S Miucci and L Miucci each declared an interest in Minute 81 (dispensations), as applicants for a dispensation from the council, and withdrew from the meeting during consideration of this item.

Cllrs S Miucci and L Miucci each declared an interest in Minute 90 e)  – planning pre-application PA24/00689 PRE APP. Having been granted a dispensation on this item (see Minute 81), they each remained in the meeting and participated in the discussion but did not vote on this agenda item.

Cllrs S Miucci and L Miucci each declared an interest in this item and withdrew from the meeting during its consideration.

Members considered the two requests for dispensation received from Cllr S Miucci and Cllr L Miucci who had each requested a dispensation to participate in discussions, but not to vote, on planning pre-application PA24/00689 PRE APP at this meeting and for a further four years if more planning applications are submitted for this site (Land adjacent to Tresaret, Whitecross, Penzance).

Members also considered the Guidance on Awarding Dispensations issued by the Cornwall Association of Local Councils and the advice of the Clerk that if the purpose of granting a dispensation was not to ensure the meeting was quorate, or for reasons of public interest, that the other good reason for the decision should be given.

Resolved – to grant the dispensation as requested as it was considered to be appropriate to do so, and for the dispensation to be granted for a period of four years. The dispensation to permit Cllrs S Miucci and L Miucci to participate but not to vote on planning pre-application PA24/00689 PRE APP and more planning applications if submitted for the site: Land adjacent to Tresaret, Whitecross, Penzance.

A speaker reported that local residents and the Long Rock Residents Association had raised funds through GoFundMe to fund swims for under 16s from the parish at the Jubilee Pool, Penzance for the summer 2024 season, and asked the parish council to spread the message that the scheme is up and running and to encourage people to take up the opportunity, also a request for the parish council to fund the scheme next year so that children could take up the opportunity from May and benefit from the scheme for longer.

The agent for the applicants for Minute 90 a) and b) attended and spoke on behalf of the applicants. Background: the intention was to demolish an unsuitable and ugly building, permission had been refused on highways grounds. Appeal submitted, the highways element is thought to be incorrect. The assumption was that all current use would be tractors with height to aid visibility, but that is not the case, and so there will be no change to the traffic use.

Another application had been submitted, if approved, the appeal will be withdrawn.

The applicants have a local highways consultant – reports are online.   No proposed increase in traffic. Should there be an increase, it will not be significant.  There have been no objections from neighbours. Last time the parish council had no objections. The application would bring a building into housing use. The applicants would appreciate that the parish council give early notice of a request that if the planning officer recommendation is to refuse, then it be called to committee.

Cllr Martin reported that he would be attending the Cornwall Flood Forum next week at County Hall, with five issues to be brought to the Forum for advice, including the flooding at Long Rock.

Also, the double yellow lines at Newtown Road, the Highways Manager has been asked to explore emergency measures, which may be temporary, to reduce the current hazards caused by car parking

Resolved – that the minutes of the meetings of the council, as above, having been circulated, be taken as read, approved and signed by the Chairman as a true and accurate record of the meeting.

Cllrs S Miucci and L Miucci reported on recent meetings and discussion with National Highways regarding the need to enforce the licence agreement with the third party responsible for an area of ground at Whitecross, where the White Cross Monument, bench and post box are located.

It was also raised that the vegetation around the Tregender Cross could also be cut back on a regular basis – to be an agenda item for the September meeting of the council.

Councillors thanked Cllrs L Miucci and S Miucci for all the work carried out on this.

Two applications had been received for co-option to the Crowlas Ward, applications circulated before the meeting. The applicants each spoke to explain why they wished to become a parish councillor and answered Councillors’ questions.

Resolved – to co-opt Melika Malone-Lee and Clive Price-Jones as Ludgvan Parish Councillors, Crowlas Ward.

Councillors Malone-Lee and Price-Jones each signed their Declaration of Acceptance of Office and written agreement to observe the Council’s Code of Conduct.

Resolved – to support the application. If the planning officer recommendation is to refuse the application, then the Parish Council requests that the application is referred to Planning Committee for decision.

Noted – no further comments to add.

Resolved – that the application is supported, noting that the Environment Agency has no objection.

Resolved – to object to the application. The flat roof extension is contrary to the Ludgvan Design Statement.

It was noted that the dispensation granted earlier in the meeting to Cllrs L Miucci and S Miucci applied to this application.  Cllrs L Miucci and S Miucci remained in the meeting and took part in the discussion, but did not participate in the vote.

Resolved – that the parish council objects to this application. There is no reference to the Ludgvan Neighbourhood Development Plan and Design Statement, no access onto the A30, it is queried whether the land is designated as domestic or agricultural.

No comment, no evidence to offer.

Resolved – to approve the payments to be made, as set out in the schedule

Renewal of bus shelter management contract

Resolved – that the contact with Fernbank be extended for a further 16 years, from the original 20 year contract.

Castle Gate bus shelter – funding approval

The Clerk updated that the quoted cost from Fernbank (Cornwall Council’s preferred supplier) was for £9,920 plus VAT. A grant of £3,000 had been agreed by Cornwall Council and so the shortfall to be paid by the Parish Council is £6,920 and the VAT element which can then be reclaimed at a later date. The budget for 2024/25 includes a budget of £4,335 for bus shelters, and so £2,585 would need to be approved to be spent from either the General Reserve fund, or from the Community Infrastructure Levy fund.

It was noted that planning permission would not be needed as shelters are considered a permitted development under planning legislation.

Agreement had been received from the Highways Manager for the shelter to be located in the layby at Castle Gate.

Resolved – to contract Fernbank to supply and install a bus shelter in the layby at Castle Gate, to be funded by the grant received, the bus shelter budget for 2024.25 and funds from the Community Infrastructure Levy held by this Council.

Replacement of Chy an Gweal bus shelter

Noted that the replacement bus shelter was expected to be provided after renewal of the bus shelter agreement with Fernbank.

Cllrs Olive and L Miucci reported on a recent visit to a resident who had complained that rats were thought to enter their garden from the Church Hill allotments.

This matter was considered in the context of the site visit and previous experience at deterring rats from the site, including the views of allotment tenants at that time.

The Clerk had re-circulated advice on discouraging rats from the allotments to all tenants, and the advice was available at all times on the Parish Council’s website.

It was noted that plot 50 had previously been very untidy and was now well maintained by new tenants. The hedge at plot 22 was overgrown and could be a rodent-friendly route, and so this would be raised with the tenant at plot 22. Bird feeding at plot 48 no longer took place as the tenant had given up this plot, which was due to be re-allocated.

Agreed – to continue on the basis of discouraging rats from the allotment site through encouraging tenants to manage their plots responsibly, and to continue to monitor the situation.

–          Thefts from sheds at Church Hill Allotments    Noted

–          Plot inspections update – Noted

–          Request for permission to have keep hens (Long Rock allotments)  – Not to permit

–          Palm Tree removal  – agreed that the tenant can remove the dead palm tree from their plot.

Members made suggestions for parish boundary sign locations:

Towednack boundary on B3311

Heliport – by the Isles of Scilly car park

Sainsburys – previously agreed

Canonstown – on the A30, on the parish boundary

Resolved – to proceed with purchasing and installation of boundary signs at the above locations, to be provided by Cormac on the same basis as the sign at the Ludgvan/Madron boundary.  Clerk to seek agreement from neighbouring parishes to share the cost of a double-sided boundary sign if possible.

Deferred to September meeting, to enable Cllrs to view the site.

No update.

Agreed – that Cllr Oliver continues the contributions to Facebook.

After considering the report circulated prior to the meeting, it was agreed in principle to move forward with seeking quotes for the bundle option.

–          Community hall working group – defer to September

–          Headstone checking working group (cemeteries) – Appointed: Cllrs L Miucci, Oliver and Porter

–          Ludgvan Community Land Trust – Appointed: Cllrs Porter and Price-Jones

Agreed that the asset checks would be carried out in August / September.

Agreed that Cllr audit checks would be arranged to be carried out in the Autumn, before budget setting.

Resolved – to approve Code of Conduct training for the two newly appointed parish councillors.

No report.

Agreed – not to send a parish council response.

1.      Email from local resident – requesting free swims for children in Ludgvan Parish at the Jubilee Pool

This item of correspondence was considered, also noting the update given during the public speaking period.

Agreed – to write to the Penzance Town Clerk to request a meeting be arranged at the end of the season with Jubilee Pool representatives and other parishes invited to join the scheme.

Cllr Oliver left the meeting at this point.

2.      Cornwall Council – notification relating to a property asset in the parish: Castle an Dinas Fort and POS Scheduled Monument, Penzance  Noted

          i.             Any items deferred from this meeting

         ii.            Review of Ludgvan Parish Council Business Plan

       iii.            CIL – use of funds

iv.            Repair and renovation of the chapel building at Crowlas Cemetery – to receive an update and agree on the next actions to take, including:  Asbestos Management Plan; Funding application/s   (National Lottery Heritage Fund)

v.            St Paul’s New Cemetery

a.       To agree to start new second row, before the slope down to the bottom of the field (gets waterlogged in wet weather)

b.      To agree how to set out the cremated remains section

Resolved: that in accordance with s.1(2) of the Public Bodies (Admission to Meetings) Act 1960, the Press and Public be excluded from the meeting during the consideration of the following business owing to the confidential nature of that business.

Members noted that work was still underway to receive quotes from insurers for a three-year long term agreement.

Resolved – to delegate the awarding of the insurance contract to the Clerk in consultation with the Chair and Vice-Chair.

Meeting closed at 9.18 pm

Signed by Chair: …………………………………….