Minutes of the Meeting held at The Flyford’s Hall on Tuesday 18th July 2023
Present
Sadie Densham
David Waide (Chairman)
David Rhodes
Andrew Short
Linda Robinson
Mark Broughton-Taylor attended as clerk
1. Apologies
Richard Davey.
2. Declaration of Interest
Sadie Densham recorded a non-pecuniary interest in the planning item Briary Farm Barn.
3. Public Participation
The meeting was live streamed but there were no online participants.
There were three members of the public in attendance. Tim Densham made a presentation concerning Briary House Farm to inform the parish council of their concerns as neighbours. The minute below is taken from notes provided by the participant and reflect the report he gave to council but do not necessarily reflect the opinion of the council:
Background:- Class Q allows for the conversion of agricultural buildings to residential without the need to apply for planning permission. This includes the change of use of a building or any land within its curtilage, including the building operations reasonably necessary to convert the building, to Use Class C3 (dwelling houses).
Note: this pole barn recently applied for planning permission, which was refused by Wychavon and went to Appeal, where HM Inspectorate of Planning upheld Wychavon’s decision. This application is an attempt to circumnavigate the planning laws. On the application the Permitted Development Statement is contradictory/incorrect.
Item 2 (i) ‘existing steelwork will have limited loading, therefore the current foundations will be suitable for conversion works.’ This implies the corroded frame is not structural? Surely the support frame foundations should be important? These were not even inspected according to the Preliminary Structural Condition Report. The whole principle of section Q is that the existing structure should remain and be the main support. For Class Q to be pertinent the existing building must, in structural terms, already ‘be capable of functioning as a dwelling’. This means that the building as it stands must be capable of conversion. Currently it does not have walls on all 4 sides (one side being completely open), and none go all the way down to ground level. The walls and the roof will be all new. Also, 2 there is no floor or concrete slab, just earth. If it requires such substantial building operations then what is proposed amounts to the construction of a new building. If this is the case, like here, having a substantial timber frame added to support the building, it would fall outside Class Q. The whole of the inside will have a new structural support --‘freestanding structural support’…therefore the existing corroded steel structure will have very little structural contribution. It is hard to believe that this wood frame will not be used to provide the support for the roof and walls. The weight added by all the glazing, balcony, doors etc on the front (west) elevation alone would add considerable extra load onto the existing corroded frame. Item 3 b) ‘the building is not near to any dwellings’……. Item 3 c) contradicts this:- ’the site is located adjacent to Briary House Farm and other adjacent residential properties’ ie; it is actually close to other properties; 3 b) is therefore incorrect. The ‘block plan’ and the ‘site plan’ both miss off buildings in very close proximity (both existing and ones for which planning has been granted but building work not yet completed.) A site visit should be carried out by the planning committee; I understand the owners of Long Orchard, the closest property, will produce a site map showing the correct information which is missing from this application. The Preliminary Structural Condition Report contradicts the drawing ‘Existing Plans, Elevations and 3D’ The drawing states the roof is ‘Corrugated Tin Sheeting’ the report states that ‘The roof is Covered in curved asbestos cement type sheeting’. The report and the drawing seem to have been produced by the same person yet differ considerably. The 2019 application referred to the roof as being “asbestos type sheeting” and the walls as “asbestos type sheeting”.
In the previous application the applicant said it was a ‘redundant’ barn. Is it now in use for agricultural purposes?
If this is turned into housing it is likely another barn will be built to replace it. Certainly the next step will be to erect a garage for the property. There is no garage on the plan. The outside shape of the building should be exactly the same as existing; According to the plan this is not the case here as the roof is different.
Conclusion: I cannot see how Section Q can be used in this case; as it is effectively a new build. ‘The building needs to be structurally sound. – The requirements for this have been toned down recently, and you are allowed to add floor, internal walls and reinforcements to help support the building. But the core idea remains that this is a conversion, not a new build – anything that appears to blur that line should be refused.’ To quote the Appeal for the last planning application Parish Council Notes:- ’The existing structure would require a new roof, new walls and a new floor and the structural report does not state that the existing building is of a permanent and substantial construction.’ In the High Court case of Hibbitt vs The Secretary of State it helps to clarify what is permitted. The barn in that case was more modern, therefore was not as badly corroded, and was going to retain the roof and had a concrete floor. It also had some open sides. This Appeal was rejected as the work required to turn it into a dwelling was ‘extensive’ and importantly was much less work than would be the case here. Also, the Appeal refusal of the barn at Hinton on the Green, by Wychavon in 2019 is a very similar case to this one. In the case of the barn in this application, and the cases above, the significant new building works fall outside of class Q. It is not the intention of the permitted development rights to include the construction of new structural elements for the building. The barn would be a new build which is against policy under the SWDP in an area of open countryside. It is within a field which is agricultural land.
References: Wychavon Appeal:- Barn at Hinton on the Green APP/H1840/W/19/3229422 High Court Judgement:- Hibbett vs Secretary of State
Mr Jones reported that the quality of sound when he listened in to the last parish council meeting on Zoom had been poor. The clerk reported that the sound engineer from the company that had provided the live streaming equipment had been and adjusted the settings. It was hoped that the sound would now be better.
It was reported that some of the road signs were obscured by vegetation and hedges. The clerk promised to arrange for the lengthsman to check all the signs.
4. Minutes of the meetings on 23rd May and June 27th 2023
Minutes of the meeting held on 23rd May were accepted as a true record of the meeting.
Proposed: Andrew Short
Seconded: Sadie Densham
3 in favour, 1 abstention
Minutes of the meeting held on 27th June 2023 were accepted as a true record of the meeting.
Proposed: David Waide
Seconded: Sadie Densham
All in favour
5. Matters Arising from the Minutes:
None.
6. Climate Change
This item to be merged with Flyford Green in future.
7. Local Police and neighbourhood Watch
It was suggested that the clerk should contact Inspector Wise concerning the traffic issued reported in item 11 below.
Sadie Densham reported that some members of the parishes were registered with an older NHW programme in Kington and Dormston. This was a problem when trying to amass the numbers required for Smartwater.
It was hoped to run a bicycle marking day on the Flyford Green later in the summer. This might help publicise NHW and Smartwater.
8. Flyford Green
It was proposed that the management committee should take responsibility for managing the budget allocated to the Flyford Green by the parish council. The budget would be allocation for the calendar year.
Proposed: David Waide
Seconded: Sadie Densham
All in favour
It was noted that the quarterly check on the play equipment was now due. David Waide and David Rhodes to liaise concerning a date.
The clerk reported that the solicitor has resubmitted the Land Transfers for the Green and we are now waiting for them to be processed.
Flyford Pond
It was reported that a tree had fallen into the pond but contractors had been instructed by the clerk to remove it. This had been done quickly and in a timely manner.
The clerk reported that it had now been established that the pond was not registered with the Land Registry but no further progress had been made in respect of the adverse possession.
9. District and County Councillors Report
Boundary Commission Consultation
Having recently redrawn Wychavon District ward boundaries the Boundary Commission are now looking at the County Council Division boundaries. They are looking at drawing up a new pattern of Divisions that means the current 57 Cllrs. each represent roughly the same number of voters and reflect local communities. For your Upton Snodsbury Ward for me this very much means making sure we retain our rural identities with our surrounding villages. The initial consultation now closes on the 19th September The link is: lgbce.org.uk/all-reviews/Worcestershire
The consultation has been extended in order to give local residents and organisations more time to engage with our initial consultation to ensure that we receive meaningful and helpful responses and input that reflect local needs, views, and circumstances.
This is to ensure we create boundaries that are appropriate, and reflect community ties and identities while supporting effective local governance in order to provide the best arrangements for the authority.
If you have already made a submission in this stage of the initial consultation you do not need to do so again, however you are invited to make additional comments during this extension if you so wish. We will consider all representations already received as well as those made between now and 19 September.
This consultation on division patterns will now close on: 19 September 2023.
Under the original timetable we had intended to run our consultation on draft proposals between 31 October 2023 and 23 January 2024. In order for the commission to properly consider all submissions made to this initial consultation, the consultation on our draft recommendations will now run between 9 January 2024 and 18 March 2024.
The original publication date for our final recommendations was intended to be 7 May 2024. Once we have considered all responses to this stage of consultation, the commission now intends to publish final recommendations in early July 2024.
The implementation of the new electoral arrangements has not been affected by this extension. Following a period of parliamentary scrutiny, these are still scheduled to come into effect at the local authority's elections in May 2025.
If you represent a local organisation or community group in Worcestershire, please pass this message on to your members or anyone you think who might be interested in the review. You can share the message by email or through social media by using the buttons at the bottom right of the page.
What is an electoral review?
Our electoral review will recommend new electoral arrangements for Worcestershire County Council. We will propose:
- The total number of councillors elected to the council in the future;
- The number of divisions;
- The number of councillors representing each division;
- Division boundaries; and
- The names of divisions.
How to get involved.
This is a public consultation and we welcome views from individuals and organisations across Worcestershire on where they think new division boundaries should be drawn.
We are minded to recommend that 57 councillors should be elected to Worcestershire County Council in the future.
This is no change from the current number of councillors.
We are now inviting proposals to help us draw up a pattern of divisions to accommodate 57 councillors.
In drawing up new electoral divisions, we must balance three legal criteria, namely:
- To deliver electoral equality: where each councillor represents roughly the same number of electors as others across the county;
- That the pattern of divisions should, as far as possible, reflect the interests and identities of local communities;
- That the electoral arrangements should provide for effective and convenient local government.
We will treat all submissions equally, and judge each case on its merits and against the legal criteria.
If you wish to put forward a view, we would also urge you to ensure that evidence supports your submission.
For example, if you wish to argue that two areas should be included in the same electoral division, make sure you tell us why they should be together, providing evidence about community facilities, ties, organisations, and amenities, rather than simply asserting that they belong together.
There is more advice on our website about how you can get involved in the consultation.
Our website features technical guidance that explains the process and our policies, as well as guidance on how to take part in each part of the process.
We have also set up a webpage dedicated to the review of Worcestershire, where you can find all the relevant information, access interactive maps of the current division boundaries, and give your views.
Get in touch
We welcome comments on our extended initial consultation by 19 September 2023. Representations should be made:
- Through our website
- By email to [email protected]
- Or in writing to Review Officer (Worcestershire), LGBCE, PO Box 133, Blyth, NE24 9FE
ALL but one of the county’s ticket offices are set to close under new plans revealed by the rail industry
Every ticket office in Worcestershire except for Worcester Foregate Street would close under the new plans revealed by the railway industry body the Rail Delivery Group (RDG).
West Midlands Railway, which runs trains between the city and Birmingham and towards Malvern and Hereford, said Worcester Foregate Street would become a ‘customer information centre’ which meant staff would be available throughout the week to assist passengers and help buy tickets.
The other county stops on the line, including Bromsgrove, Kidderminster and Droitwich Spa, would all close.
West Midlands Railway said ticket offices at those stops would be manned by staff from new “mobile teams” on a “flexible” basis.
The ticket office at Worcester Shrub Hill would also close under plans by Great Western Railway (GWR)
GWR said it expects ticket offices at Worcestershire Parkway near Norton and Evesham to be closed by the end of 2024.
Just over ten per cent of tickets at Worcestershire Parkway were bought from the ticket office, according to GWR, with 13 per cent of tickets purchased from the ticket office at Evesham station.
The Rail Delivery Group, which is made up of Network Rail and the various railway operators, said passengers would be asked to pay for journeys by tapping contactless cards on barriers, using self-service machines, or buying tickets from staff on station concourses or onboard trains.
The planned mass closures come after government transport secretary Mark Harper wrote to train operators asking them to cut costs.
The RDG said moving staff out of ticket offices and onto platforms and concourses would “modernise customer service” and make “more staff available to give face-to-face help.”
Businesses and communities urged to grab share of Wychavon Rural Fund
A new fund worth more than £1 million is being launched by Wychavon to help support the district’s rural businesses and communities.
Companies, charities, community groups, town and parish councils and other organisations can bid for a share of the Wychavon Rural Fund.
In total £420,000 is being made available to support new small or micro businesses in rural areas, including helping farmers to diversify into other sectors, and growing tourism.
Another £670,000 is available to support rural communities with projects such as community energy schemes, improving local green spaces, upgrading walking and cycling routes and cultural or heritage projects.
The money can only be used to fund physical projects such as new buildings or renovations and not for staff or day-to-day running costs.
It will be released in stages over the next two years, with the first round of funding available to bid for now. Individual grants of between £2,500 and £25,000 are on offer, but businesses will be expected to match 50 per cent of the total cost of a project and other organisations 30 per cent.
Expressions of interest must be submitted through Wychavon’s website using the online form by 14 August 2023. Shortlisted bids will then be invited to work up a full application.
The funding is part of Wychavon’s share of the Government’s Rural England Prosperity Fund and UK Shared Prosperity Fund. The UK Shared Prosperity Fund is a central pillar of the UK government’s Levelling Up agenda and provides £2.6 billion of funding for local investment by March 2025. The Fund aims to improve pride in place and increase life chances across the UK investing in communities and place, supporting local business, and people and skills. For more information, visit https://www.gov.uk/government/publications/uk-shared-prosperity-fund-prospectus.
Upcoming annual canvass
The annual canvass for the Electoral Register is about to start.
This is a legal requirement and involves the council contacting every household in Wychavon to ensure their electoral register details are correct and what to do if not.
The Electoral Services Team would appreciate your help by reminding residents to action their response.
Messages are sent via post or email, so we just urge residents to simply follow the instructions sent to them. Our website contains more useful information https://www.wychavon.gov.uk/elections#current and the Electoral Services Team can be contacted on 01386 565437 or [email protected].
Reminder: Worcestershire Tourism Awards
Today is the final day to nominate for the Visit Worcestershire Tourism Awards for 2023/24 in honour of celebrating our vibrant tourism sector in Worcestershire.
Worcestershire Vale and Spa are asking for nominations of local tourism and hospitality businesses in Worcestershire. There is less than one week left to apply for the Visit Worcestershire Tourism Awards.
The closing date has been extended to 12pm on Friday 7 July. Please note that applications for the Festival and Event of The Year Award closes on 14 July at midnight. To apply, visit: https://www.visitworcestershire.org/trade/tourism-awards/home
Anti-Social Behaviour Week
As it is Anti-Social Behaviour (ASB) Week (3 – 9 July) we’ve included a reminder how to report ASB in Wychavon. ASB is a broadly used term to describe a wide variety of undesirable behaviours that have a negative effect on people, communities and the environment.
The council works alongside local agencies in responding to reports of ASB and any response will be proportionate to the type of and frequency of ASB that is occurring.
All agencies understand that the perceptions of what is and isn’t. ASB will differ from person to person, however a list is available on the Wychavon website showing what would and would not generally be examples of ASB.
If you have a tenant of a registered housing provider complaining of ASB, they first need to report any ASB to their Housing Association. Links can be found on our website.
Linda also provided a form to apply for an ecology grant of up to £1000 from a local charity. It was suggested this might be useful for the Flyford Green but it could not be made through the parish council. It was thought that the Flyford Hall might be able to be facilitator as an outreach project.
10. Planning Matters
10.1 W/22/02163/FUL, W/23/00431/FUL and W/23/01134/PIP
Land on Radford Road.
Development of 4 live work units Development of 4 bungalows on Radford Road.
Permission in Principle for the construction of up to 5No. dwellings.
No further developments.
10.2 W/23/01141/HP
Ashfield Cottage
Grafton Flyford
WR7 4PJ
Extension to the rear of the property, a new garage and new vehicular access
No objection.
10.3 W/23/01395/GPDQ
Briary House Farm
North Piddle
WR7 4PR
Change of use to convert an agricultural building to domestic use.
The following comment was drafted to reflect comments made by councillors at the meeting:
The Flyford Flavell, Grafton Flyford and North Piddle Parish Council wish to comment on this application even though it is not considered to be a statutory consultee.
The parish council draws the officer’s attention to previous planning history on this site.
The present house known as Briary House Farm is itself the result of a Part Q application in 2014. Subsequent applications were made to enlarge the premises and a change of use established it as a dwelling with full planning permission in 2015. W/15/00528/CU which was followed by W/16/02271/PP for an extension.
An application was submitted in 2019 to convert the Dutch barn now subject to this application into 2 holiday lets. 19/00568/CU. This was opposed by the parish council and refused by the LPA. The decision was subsequently upheld by the inspector on appeal. APP/H1840/W/19/3230274. The parish council submitted a fairly detailed submission to the inspectorate on this occasion and a copy is provided for the officer’s convenience.
The parish council had concerns about the structural integrity of the barn at that time and still does. Q.1 (i) (i) (aa) of the Town and Country (General Permitted Development) (England) Order 2015 indicates that the building works required to facilitate the conversion of a barn should require no more than the replacement of windows, doors, roofs, or exterior walls. A fully functional structural frame is required to define and support the building but this does not exist in this case. The reports submitted with the application are to some extent contradictory but do not demonstrate a robust structural frame suitable for conversion to a dwelling. The parish council therefore considers that approval of this application would set a dangerous precedent which would allow a number of unsuitable buildings to be converted to dwellings.
The parish council is also concerned about the credentials of the agricultural unit. All the land associated with the farm is let out to other farmers. There is no ‘enterprise’ as such on the holding. Q.1 (A) of the regulations suggests that the barn should be ‘used solely for an agricultural use as part of an established agricultural unit”. In the opinion of the parish council this is not the case. The land is let out to one farmer and another uses the barn to store his tractors but does not farm the land. There is therefore no connection between the present use of the barn and the holding.
The Flyford Flavell, Grafton Flyford and North Piddle Parish Council does not therefore consider that Part Q is the appropriate route for conversion of this barn to residential accommodation and respectfully ask for the application to be refused.
11. Highways and Footpaths
The owner of The Old Post Office on Radford Road was in attendance and gave an account of an incident which took place recently when a van drove into the hedge outside his house at high speed. The incident had been reported to the police but great frustration was communicated about the lack of action taken concerning the speeding in this area. The parish council also voiced its frustration that two years since the Highways and Transport Plan had been published and endorsed by the county councillor and local MP none of the provisions had been accepted by Highways or the police.
It was agreed to write to the Police Commissioner to see if he was prepared to be involved and try and pull the various agencies together to come up with a plan of implementation of the provisions in the plan and reduce speed limits in and around Flyford Favell.
It was suggested that a report system could be set up on the parish council website to report traffic incidents. The clerk agreed to talk to the webmaster about this possibility.
The Highways Liaison Officer has now provided the information required to extract the traffic information from the VAS on Radford Road but this now needed to be set up.
It was agreed that the parish council would support a petition in the village to reduce speed limits. Richard Croxton agreed to organise this.
The clerk also reported that he had been contacted by the clerks of Kington and Dormston and Upton Snodsbury Parish Councils concerning the noise of the motorbikes on the A422. It was agreed to try and arrange a meeting between the chairmen of the councils to agree a joint action plan.
12. Treasurer’s Report
Grafton Society £1,500.00
Appeal Fund £1,570.00
Deposit Acc £12,854.60
Current Acc £1,446.15
13. Flyford Church
Alison Crickmore has reported to the clerk that a group was forming in Flyford Flavell to support the church as a community space. It was early days but David Rhodes also stated that discussions were being opened with the church authorities about the future of the church. In the meantime, there was a rota of people to look after the churchyard and clean the inside of the building.
14. Flyfords Hall
The clerk reported that at the last hall management meeting the treasurer had reported the hall had run a surplus in the past six months. Bookings were still quite strong and the coffee morning under the leadership of Leena Sheppard has proved very popular with older people.
15. Any Other Business
The chairman reiterated the call for more parish councillors.
16. Date of Next Meeting
19th September 2023 21st November 2023
Actions Required By Councillors
Three vacancies to be filled.
Vacancy for Footpaths Officer and Tree Warden to be filled.
Liaison with Neighbourhood Watch – David Rhodes & Sadie Densham
Village Green working group to be convened – David Rhodes