Meeting documents

Baldock and District Committee
Monday, 12th November, 2012 7.30 pm

Time: 7.30pm Place: Baldock Community Centre, Simpson Drive, Baldock
 PRESENT: Councillor M.R.M. Muir(Chairman), Councillor John Harris, Councillor S.K. Jarvis, Councillor M.E. Weeks and Councillor A.D. Young.
 IN ATTENDANCE: Andy Godman (Head of Housing and Public Protection Services)
Ashley Hawkins (Community Development Officer)
Susanne Gow (Committee and Member Services Officer).
 ALSO PRESENT: A member of the Press and
42 members of the public.
Item Description/Resolution Status Action
PART I
20 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor Ian Knighton.
Noted   
21 MINUTES
Minutes

RESOLVED: That the Minutes of the Meeting held on 10 September be approved as a true record of the proceedings and be signed by the Chairman.
Agreed   
22 NOTIFICATION OF OTHER BUSINESS

With the Chairman's permission, the matter of a complaint regarding the noise generated by the ringing of the bells at the Church of St Mary the Virgin in Baldock was to be taken as Item 8. The Chairman suggested that this item be taken immediately after Chairman's Announcements and before Public Participation which was Item 5 on the Agenda.
Noted   
23 CHAIRMAN'S ANNOUNCEMENTS

(1) The Chairman welcomed everyone to the meeting including the Members, officers, Press, the speaker for Public Participation, and all members of the public and thanked them all for attending;

(2) Members were reminded that any declarations of interest in respect of any business set out in the agenda, should be declared as either a Disclosable Pecuniary interest, Other Pecuniary interest or Non-Pecuniary interest, and were required to notify the Chairman of the nature of any interest declared at the commencement of the relevant item on the agenda. Members declaring a Disclosable Pecuniary Interest must withdraw from the meeting for the duration of the item. Members declaring either an Other Pecuniary interest or a Non-Pecuniary interest, which required they leave the room under paragraph 16.3 of the Code of Conduct, could speak on the item, but must leave the room before the debate and vote.
Noted   
24 PUBLIC PARTICIPATION

Mr Phil Charsley introduced himself as representing Friends of Baldock Green Spaces and explained that he was replacing Mr Chris Vincent who had previously registered to address the Baldock and District Committee. He explained that the Group carried out conservation work in conjunction with North Herts District Council and the Countryside Management Service (CMS) in Weston Woods and Ivel Springs Nature Reserves.

He advised the Committee that the work they did was carried out with tools currently borrowed from the CMS and that it would be much better if the Group had their own tools and did not have to travel to the CMS headquarters in Ickleford to regularly borrow and return the tools. These tools could be kept in Baldock and would give the Group the freedom to carry out work at times more convenient to their members. It was to this end that a grant application had been submitted to the Baldock and District Committee.

The Chairman thanked Mr Charsley for addressing the Committee and advised him that the grant application from the Friends of Baldock Green Spaces would be considered later on the Agenda under Item 7, Champion News and Finance Report.

RESOLVED:

(1) That Mr Phil Charsley of the Friends of Baldock Green Spaces group be thanked for his presentation;

(2) That a decision on a grant award be made at Agenda Item 7 - Champion News and Finance Report.
Noted   
25 LAND DISPOSALS - 1.8 ACRE SITE, YEOMANRY DRIVE, BALDOCK
Report
Location plan

At the commencement of this item on the Agenda, the Chairman, Councillor Michael Muir, Councillor John Harris and Councillor Michael Weeks each declared a Non-Pecuniary interest in this item as Members and Substitute Member of the NHDC Planning Control Committee. As the opinions of the Committee were to be sought, they decided to remain in the room, take part in any discussion and offer their views alongside those of their colleagues, to be noted by the Senior Estates Surveyor.

The Senior Estates Surveyor (SES) presented the report of the Head of Finance, Performance and Asset Management and explained that he was seeking the views of the Members of the Baldock and District Committee on proposals to sell 1.8 acres of land at Yeomanry Drive, Baldock prior to re-consideration by Cabinet.

He gave the background to the report and advised that the site was owned by North Herts District Council and currently had no planning permission.

The Baldock and District Committee then asked the SES for clarification on a variety of points and commented as follows: had it been considered holding onto the land until it increased in value? (no, as developers were currently offering a good price for land on which to build); could developers buy land to hold onto it to accrue value? (it was intended to make it a condition of sale that the purchaser submitted a planning application within a certain period of time); was the density of the land surrounding the plot suitable for the proposed number of 24 buildings? (the planning officers would apply all the usual criteria); there was a shortage of rented properties - if a housing association or a private developer made a decent offer, which of the two would be preferable? (the normal requirement would be to sell to the highest bidder but there could be circumstances, such as promotion of social wellbeing, when land could be sold to an under bidder).

The Senior Estates Surveyor would not be making the decision on which offer was to proceed, that would be made by other NHDC officers. He believed that, as the sale of the land had been identified to support the Council's capital programme, it seemed likely that it would be sold to the highest bidder. SES clarified that the site would be marketed with as much planning information as possible; the date of 2010 in para 4.2 was questioned, but confirmed; it was also confirmed that normal planning requirements for a percentage of affordable houses built on the site should apply.

The Chairman thanked the Senior Estates Surveyor for addressing the Baldock and District Committee and Members agreed the recommendations.

RESOLVED:
(1) That, as part of the consultation process, the proposal to sell the 1.8 acre site at Yeomanry Drive, Baldock be supported;

(2) That any development of this site should be sympathetic to the surrounding area with the minimum number of houses built, and an appropriate portion of the land set aside for recreational purposes;

(3) That the site be offered for sale, subject to S106 monies for leisure to be put back into the Clothall Common community.

REASON FOR DECISION:
To provide a financial receipt to help fund the 2012-2016 Capital Programme.
Agreed   
26 CHAMPION NEWS AND FINANCE REPORT
Report
Appendix 1
Appendix 2
Appendix 3

The Community Development Officer (CDO) for Baldock and District presented the report of the Head of Policy and Community Services and explained that there were a few updates to the report, as follows:

Car Boot Sales
Due to lack of support, these had been cancelled until 2013.

Markets
The CDO confirmed that the French Market, the Farmers' Market and the Wednesday Market were suffering hard times, with poor footfall due to bad weather and stallholders moving on to other, more lucrative, markets. This puts the future of the markets in jeopardy, as the last few stallholders may follow this example.

The Chairman pointed out that the markets and car boot sales needed to be used by Baldock residents and visitors, otherwise stallholders would all move away and the markets would be closed down and lost to the local community. This could then lead to problems with the Baldock Town Partnership.

Membership Scheme and Baldock Network Group
This, too had seen a dip in business, and monthly income from the Membership Scheme had dropped from £1,000 to £750. However, the Baldock Town Centre Manager had been pursuing new businesses and income from the Membership Scheme had now risen to £1,200 per month.

Ashwell Multi-Terrain Half Marathon
This had formerly been the Baldock Beast Big Brother Challenge.

Organisation was going well, although more marshals were required for the route.

Sale Drive
A footpath with lighting was being planned for the rear of Sale Drive. Barratt Homes currently owned the land but Herts Highways had an issue with establishing a crossing on the bend and this needed to be raised with them.

Clothall Common Community Action Morning
The CDO and the Ward Member for Baldock East were planning an Action Morning to deal with the leaves that had gathered on the open spaces of the estate. Volunteers would be sought to help with the Action Morning, when the leaves collected would be moved to the allotment site opposite Tapp's Garden Centre, to be used as leaf mould etc.

Funding Applications
Members were asked to note the budgetary expenditure, balances and carry forwards from the Development Budgets and the Visioning Budgets.

The Committee then discussed the following grant applications:

- Funding support for St John's Ambulance to attend the Nightingale Park Fun Day on 2 September had been discussed at the last meeting and the Committee now acknowledged the Fast Track grant application to the Nightingale Residents' Association for £50 to cover the cost of St John Ambulance attending the Nightingale Park Fun Day;

- The Committee acknowledged the Fast Track grant application to the Ashwell United Reform Church for £500 to assist with the purchase of equipment including tables and chairs for the Church Hall;

- The Committee also acknowledged the Fast Track grant application to the Baldock Town Partnership for £250 to cover the cost of St John Ambulance attending the Ashwell Multi-Terrain Half Marathon on 18 November 2012.

- The Chairman declared a Non-Pecuniary Interest in this item as he was a member of Friends of Baldock Green Spaces. He decided not to leave the room and to join in any discussion on this grant application.
The Committee then considered and agreed a grant application for £500 to Friends of Baldock Green Spaces, to assist with the purchase of specialist tools to help maintain wildlife habitats at Ivel Springs and Weston Woods.

- Paperwork for current funding applications still needed to be completed by the following organisations:

North Herts Crusaders Rugby League team for the purchase of equipment as detailed in the last Committee Meeting on 10 September; and

Baldock Cricket Club for the purchase of equipment as detailed at the last Committee Meeting on 10 September 2012.

The Chairman thanked the Community Development Officer for his report and for his efforts on behalf of the people of Baldock and the surrounding District.

RESOLVED:

(1) That the budgetary expenditure, balances and carry forwards from the Development Budgets be noted;

(2) That the recent Fast Track Grant of £50 be awarded to the Nightingale Residents' Association to cover the cost of St John Ambulance attending the Nightingale Park Fun Day;

(3) That the recent Fast Track Grant of £500 to the Ashwell United Reform Church be acknowledged to fund the purchase of equipment for the Church hall;

(4) That the recent Fast Track Grant Award of £250 to Baldock Town Partnership be acknowledged, to cover the cost of St John Ambulance attending at the Ashwell Multi-Terrain Half Marathon;

(5) That a grant award of £500 to the Friends of Baldock Green Spaces be agreed, to assist with the purchase of specialist tools to help maintain wildlife habitats at Ivel Springs and Weston Woods.

REASON FOR DECISION:

(1) To ensure that the Committee are kept informed of the work of the Community Development Officer;

(2) To inform Members of the financial resources available to the Committee. It draws attention to the current budgetary situation, assists in the effective financial management of the Baldock and District Committee's budget and ensures actions are performed within the Authority's Financial Regulations and the guidance in the grants procedure;

(3) The awarding of financial assistance to voluntary organisations and the use of discretionary spending allows the Committee to further the aims and strategic priorities of the Council;

(4) The allocation of funds will improve the services provided by local organisations and groups that are available and accessed by members of the community.
Agreed   
27 THE BELLS OF THE CHURCH OF ST MARY THE VIRGIN

The Chairman declared a Non-Pecuniary interest in this matter, as he was a member of the Parochial Church Council at the Church of St Mary the Virgin, Hitchin Street, Baldock. He decided to remain in the room and take part in the Committee's discussion.

There was no report provided on this matter, but as it was a very emotive topic for many of the residents of Baldock, over 40 members of the public had attended the Baldock and District Committee Meeting to observe the proceedings and, with the Chairman's permission, to perhaps voice their objections to any cessation or curtailing of the bell-ringing at the Church of St Mary the Virgin, Hitchin Street.

The facts were that a member of the public who had lived in Baldock for some time, but only recently moved to a location near the Church, had complained that the noise made by the ringing of the Church bells was affecting the sleep of his/her young children early in the morning and late at night.

This local resident had met with the Rev. Andrew Holford, vicar of the Church and they had come to an agreement to modify the ringing of the bells, to start later in the morning and end earlier in the evening. However, Rev. Holford had now decided that he and the churchwardens could no longer keep to the agreement made, feeling that "there would not be an adequate balance between the views of the residents of Baldock and those who felt that their lives were adversely affected by the ringing of the bells".

In accordance with the requirements of the Environmental Protection Act 1990, North Herts District Council had arranged for officers of the Environmental Protection Team (EPT) to contact both the complainant and the Rev. Holford to both investigate the problem and encourage further dialogue between them. This had resulted in an offer to restrict the time that the Church clock would chime and to rearrange the order in which the bells would ring on Christmas Day, with the usual 20-minute peal being rung later in the day. The case had come to the attention of the media and local, regional and national media interest had escalated. The Council had issued a press release as follows:

"As obliged by law, the Council is currently investigating a noise complaint made by a local resident about the daily ringing of the bells at St Mary's Church. We have encouraged an informal dialogue between the church and the community to reach a solution, and at this stage we have not requested that any further action is taken, nor have we instigated any discussion regarding the peal of the bells on Christmas day."

Investigations by the EPT were still ongoing and if a statutory nuisance existed, the Council would be legally obliged to serve a noise abatement notice.

The Chairman advised that he would call on two residents to speak for 5 minutes each on this subject, both of them objecting to the curtailment of the bell-ringing, after which the Committee would hold a discussion and would call on the NHDC Head of Housing and Public Protection Services for any clarification required.

Mr Colin Wing was called on to speak and began by stating that he and his family had lived in Orchard Road, near the Church, for over 20 years. They had become accustomed to the ringing of the Church bells and could set their clocks by them: the family rose in the morning at the 7am bell and retired at night when the clock chimed 10.45pm. He explained that his children had grown up hearing the church bells and had become accustomed to their sound. He could therefore not see that disturbance of sleep was a valid reason for varying the timings of the chimes and felt that the bells of St Mary's were part of the individuality and the life of Baldock and a long-standing tradition which should continue.

The Chairman thanked Mr Wing for his comments and asked if anybody else would like to speak. A member of the public who accepted this invitation agreed with Mr Wing and stated that the situation was rather confused and needed clarification.

The Chairman then read out to those assembled an email from Rev. Holford in which he offered to meet with the complainant and declared that he was "mindful of the need to be compassionate". Rev. Holford then offered to curtail the clock striking to between the hours of 8am and 9.45pm "against the overwhelming tide of public opinion". The Chairman stated that in his opinion this would be a fair compromise.

Members discussed the issue and one Member explained to the assembled public that contrary to common belief, this matter was nothing to do with North Herts District Council, but was between the complainant and Rev. Holford and the churchwardens only. However, he personally agreed with Mr Wing. Other Members of the Committee agreed with their colleague and Mr Wing, but stated that it was important that this matter was resolved quickly and fairly. If tests showed that the volume of the bells were deemed a public nuisance, then the Council could issue an Enforcement Notice.

The Chairman invited the Head of Housing and Public Protection to comment, and he informed the Committee that NHDC were involved only because a public complaint had been made. He declared that this was a community issue and as such should have a community resolution. Any mention of the bells on Christmas Day had been made by the Church only. He said that he would ask both sides to be reasonable and to consider that the young children could not get to sleep.

One Member of the Committee declared that he would normally recommend an agreed statement, but that the Committee's official view was for both sides to speak together and come to a reasonable decision.

The Chairman thanked the two speakers and the Members of the Baldock and District Committee for giving their views on this contentious matter.
Noted