2024 Meetings

NORTH SCARLE PARISH COUNCIL

Minutes of a meeting held on 11 September 2024 at 7.30pm in North Scarle Village Hall

The Chairman welcomed everyone to the meeting at 7.30pm.

PRESENT

Cllr D Jennings       Cllr K Coram

Cllr R Pullen           Cllr W Tucker

Cllr A Walsh            Cllr K Ward

Mrs H Broderick (Clerk)

3 parishioners attended.

Open session:

No comments.

740        APOLOGIES

Cllr S Walsh.

741        TO RECEIVE ANY DECLARATIONS OF INTEREST

None.

742        MINUTES OF THE MEETING HELD ON 10 JULY 2024

It was resolved to adopt the Minutes as a true record and they were signed by the Chairman.

743        PLANNING

Applications - comments submitted to NKDC after collation of email responses due to timescale and in accordance with Standing Orders

24/0793/HOUS – proposed single storey garden room extension to replace existing conservatory, Brookfield House, Spalford Road. No objections (4 in favour, 3 no reply).

Decision Notices - for information only

23/1446/FUL – change of use from outbuildings and beauty salon to form one new dwelling and demolition of stable block – 3 Eagle Road - application approved.

744        FLOODING

FANS updated the meeting on their progress, see end of Minutes for details.

745        EMERGENCY PLAN

Draft 5 had been circulated to the Parish Councillors.  There was a brief discussion but the Clerk will liaise with Ken Hall regarding next steps.

746        FINANCES

A schedule of payments made between 1 July 2024 and 31 August 2024 was circulated to the Parish Councillors ahead of the meeting.  Invoices paid were signed and countersigned.  Individual payments made in the period which exceeded £100:

747        VILLAGE HALL AND PLAYING FIELD

Potential funding.  The Clerk had spoken to NKDC regarding potential funding available and whether the PC could apply and pass the funding on.  The conclusion was that this was not possible because the VH&PF isn’t the PCs responsibility which would cause issues with insurance/ownership. Funding applications need to come direct from VH&PF Committee.

Cllr Coram commented that local businesses have helped with the renovations and people have given their time to help.

Bruce Coram didn’t join the meeting as there are still issues to resolve before he attends.

748        ALLOTMENTS

Following on from the tree having fallen into Plot 6, the Chaiman proposed that the other 2 large willow trees at the same location should be felled before they fall into the road and neighbouring land. This was resolved and the Clerk will obtain 3 quotations.

749        PINFOLD

The sumac trees are becoming overgrown, growing in next door’s garden and encroaching on the Heritage Room.  The Chairman suggested they should be removed and asked the Councillors to visit the Pinfold and comment before work starts.

750        HERITAGE ROOM

Legionella – Cllr Tucker’s Risk Assessments was discussed and it was resolved to agree it and send to NKDC.

Fire Risk – Cllr Tucker’s Fire Risk Assessment was discussed and it was resolved to agree it and forward to NKDC.  The Chairman reported that he has removed some of the rubbish from behind the building and will continue to do so until it is cleared.  The Clerk has obtained costings for fire extinguishers and 5 year electrical test and these will be discussed in the closed session.

Asbestos – Cllr Tucker’s review of the Management Plan was discussed and it was resolved to agree it and forward to send to NKDC.  Signage is required and the Clerk will arrange.

751        30MPH PASSIVE SIGNS

Lincolnshire Road Safety Partnership charge £20 per sign.  The old signs have become faded and some have fallen off.  It was proposed by the Chairman that 2 new signs be purchased for South Scarle Lane and that all old signs be disposed of. This was resolved.  Clerk will order new signs and ask the handyman to collect up the old signs.

752        GENERAL MAINTENANCE RISK ASSESSMENT

The Clerk had revised this document and forwarded to Councillors.  The Chairman proposed that this was accepted and forwarded to the handyman and this was resolved.

753        NORTH SCARLE MATTERS

One of our distributors has been unwell and the Chairman asked if anyone else would be willing to take on the area of the village in question, if needed.  Cllr Ward volunteered.

754        LCC REPORT

Cllr Briggs reminded the PC to make sure paperwork is in place for the 30mph signs and commented that he had visited George H Kime & Co about their lorries appearing to use North Scarle as a short cut.  They had asked for specific information (dates/times/registration numbers) so that they could follow up. He is angry about the lack of help from EA relating to the flooding.

755        NKDC REPORT

Cllr Goldson had an email from their legal department regarding the road up to the Village Hall which said  “NK has no express obligation to maintain the road – any party using it for access purposes has an implied right (but not obligation) to maintain.  This would mean NK being liable from a slip/trip perspective caused by poor maintenance BUT not being obligated at all to maintain it”.

The land in question is registered with NKDC on the Land Register.

He thanked FANS for their work and expressed hope that the PC would provide money towards their proposed legal action.

756        DATE OF NEXT MEETING.

It was resolved to provisionally agree the date of the next meeting as 13 November 2024 at 7.30pm.

757        CLOSED SESSION

It was resolved to move into closed session.

758        HERITAGE ROOM

Electrical Testing.  Clerk provided Councillors with 3 quotes.  After discussion Cllr Walsh proposed that the quote from Vimartech be accepted at a cost of £180 and this was resolved.

Fire extinguishers. Clerk had a quote and information from SafeLincs.  After discussion, Cllr Tucker proposed that the quote should not be accepted and that a 2kg CO2 extinguisher and a 6ltr water extinguisher would be in line with regulations, as well as an instruction card and that all of these can be easily purchased from Amazon and this was resolved.

Doors.  No further issues have been reported and the Chairman proposed that no further action be taken as this time and this was resolved.

759        MILL DAM DYKE

FANS had provided a quote from a law firm with a view to sending a “letter of claim” asking if the PC would be prepared to pay 50% of the quote, being £3,150 total.  This was discussed and the Chairman proposed that the Parish Council will provide funds towards payment of the quote given by Wellers Law Group.  These funds will be capped at £1,575. If the work is completed at a lower cost, the Parish Council will pay 50% of the final fee. The money will be paid directly to FANS upon sight of the solicitor’s invoice. The Parish Council’s liability is limited to the above amount and is not party to the legal claim and will not be responsible for providing any further legal costs if this claim is defended by the EA.  This was discussed and resolved.

760        STAFF MATTERS

The Clerk had had an appraisal with Cllr Coram and the notes will be forwarded to Councillors soon.  Changes to the Clerk’s contract were proposed by the Chairman and after discussion, were resolved.

The Chairman closed the meeting at 9.26pm.

Item 744 FANS report

Since our last update we have been working hard to keep in touch with EA and get answers to outstanding questions eg. We asked for proof of instability of the bank on School Lane, what has been done to determine the instability, why is it unsafe and what has been done to rectify this? We've had no answers.

In 2020 there was a modelling project carried out to determine the flow and capacity of Mill Dam Dyke. The Parish Council were promised a copy of this, which wasn’t received and we have since requested a copy. We also asked why the EA will not allow Simon from Earthworks, who is a competent contractor and has carried out lots of work on local government contracts, to work on Mill Dam Dyke.  Simon made the offer in January this year after the flooding at a competitive price but we still haven't had a reasonable answer from the EA, despite asking Earthworks if they can borrow the machine to carry out the work themselves. We see this as failing to protect the people of the village which is one of their responsibilities as a government department. On 7th August FANS emailed Sarah Hawkins at the EA to ask for a date in September when work was going to take place on the dyke. We felt this was not an unreasonable request bearing in mind work had to have been planned. We also asked if they could confirm the type of machinery which would be used. This has always been an issue as they did not have the appropriate machinery to sit on the bank because of the “instability”, hence why the dyke has not been cleared for the past four years.

We met with the EA in the village on 10th June when we were assured all these questions would be answered and work would start in September. We were told in March that they had employed a third party to carry out the work with the appropriate machinery and we hoped they would be able to confirm this to us. Unfortunately, we received a vanilla reply to our simple request and received an e-mail to say our enquiry had been logged with the EMD enquiries and was being processed by their technical team. The EMD enquiries is basically where all inquiries and complaints are held from the general public. Has our contact now been downgraded or has Sarah had her wings clipped and not allowed to communicate with us anymore?

We were also reminded about the citizen space web page which will host information about Mill Dam Dyke. This page acts as first point of call for questions and maintenance activities. We were first told about it in June 2024 when we met with them in the village and it is still not up and running.

On 4th September we received another e-mail from EMD enquiries informing us that the page would go live week commencing the 9th and here we are on the 11th and we've had no communication so far.

They are continuing to sidestep our questions. We have been in regular contact with Dr Caroline Johnson MP and finally she has written to the EA with all our concerns also requesting a date when work will start on the dyke and asking which machinery they're going to use. We are still awaiting a reply from her.

We have also engaged with Emma Hardy MP the minister for flooding. We have written a very lengthy and pointed letter to the operations manager at the EA and copied the CEO of the EA and also Wellers Law Group outlining EA’s ongoing failings to answer our questions and their negligence and breach of duty.

Having spoken to Wellers Law Group we have been assured that we have a very strong case for negligence and a breach of duty of care. In the last seven days we have also elevated the IDB issue regarding the culvert and drainage channels in and around Church Lane to the CEO of the IDB. In view of all the above and with the support of local councillors we now feel that we have been more than patient and cooperative and it is time to up the ante and name and shame. With this in mind we have no choice but to host a public meeting on Monday 16th September in the village hall at 7:00pm chaired by Councillor Alan Briggs our county councillor We feel it is time to engage the village and tell them what is going on and what little support we are getting from the EA and the IDB. It is imperative that the village understands the impact this could have if it floods again. Whilst I certainly don't want to be a scaremonger it could affect some resale values and insurance premiums. Leaflets have gone out to every letter box and posters are around the village to advertise the meeting and it is also on Facebook. We've also engaged with local media and press, the BBC, local MP and the flooding minister via our Facebook page. Fans have agreed with the backing of district councillors that if the EA fail to fulfil their responsibilities by the end of September we have no alternative but to proceed with legal action.

The legal action would be a civil action. Anyone affected directly or indirectly, would have a case in law to bring for negligence and breach of duty.  The more people involved, the better.  FANS have spoken to Wellers Law Group who specialise in this type case.  The cost quoted is a fixed ceiling to take the case as far as a letter of claim which would name anyone who felt they had a claim. Quote was £3,150 including VAT and are asking Parish Council to fund 50% with affected/interested parties funding the other 50%.

The letter of claim may result in compensation but the objective is to get the dyke cleared.

Chairman comments:

he spoke to EA personnel at last open FANS meeting, who had no idea that the bank had been piled.

asked why IDB were coming to the next open meeting. FANS said they are responsible for culvert and channels on Church Lane.

Chairman commented that he would prefer to see the fence on Chapel Lane remain as he considers it a safety feature and IDB haven’t had a problem with the fence previously. FANS have no objection to a fence being there but the current one is causing difficulties with maintenance.