Agenda 9th May 2018

Highwood Parish Council

66 Victoria Road, Writtle, Chelmsford CM1 3PA

1 May 2018

To:      MEMBERS OF HIGHWOOD PARISH COUNCIL

 

You are hereby summoned to attend the annual meeting of Highwood Parish Council to be held at 7.30 pm on Wednesday 9 May 2018 in the Village Hall, Loves Green, Highwood CM1 3QG, to transact the business shown in the agenda.

 

Please note the Annual Parish Assembly will be held prior to the Council meeting, at 7.00 pm.

 

The press and public are welcome to be present.

 

Louise R Fuller

Clerk

 

A G E N D A

 

1

ELECTION OF CHAIRMAN

 

To ELECT the Chairman of the Council for the year 2018/19.

The Chairman will then execute the Declaration of Acceptance of Office as Chairman.

 

 

2

APPOINTMENT OF VICE CHAIRMAN

 

To APPOINT the Vice Chairman of the Council for the year 2018/19.

 

 

3

APOLOGIES FOR ABSENCE

 

To RECEIVE any apologies for absence.

 

 

4

CONFIRMATION OF MINUTES

 

 

To APPROVE the minutes of the meeting of the parish council held on 14 March 2018 as a correct record.

 

 

5

DECLARATIONS OF INTEREST

 

5.1

Councillors to DECLARE any disclosable or other pecuniary interest or other interest in any items on the agenda, in accordance with the adopted Code of Conduct.

Pecuniary or other interests should be declared at this time, or at any point in the meeting where they become apparent.

Councillors must inform the Monitoring Officer of Chelmsford City Council, via the Clerk, within 28 days of becoming aware of any change in their pecuniary or other interests. Members are reminded to check that the information contained on their Register of Interests forms remains up-to-date.

 

 

5.2

DISPENSATIONS

To CONSIDER any requests for dispensation from the provisions of S31(4) of the Localism Act 2011.

 

S31(4) states that a member may not participate in any discussion or vote upon a matter, at the meeting, in which he/she has a disclosable pecuniary interest.

 

Requests for dispensation must be made in writing to the Clerk.

 

 

6

QUESTIONS FROM MEMBERS OF THE PUBLIC

 

To RECEIVE questions from members of the public.

 

In accordance with the agreed procedure public questions will be taken and shall be limited to a maximum of 15 minutes or such other period as may be determined by the Chairman of the meeting.

 

 

7

 

2

CO-OPTION OF NEW PARISH COUNCILLOR  

Peter Fishwick has applied to be co-opted on to the parish council.   His form confirming eligibility has been received and his personal statement has been circulated to councillors.

 

The council will be asked to CONSIDER the application for co-option. The council is not bound to co-opt the candidate if it chooses not to do so.

 

 

8

REPORTS

To RECEIVE brief reports on the following matters.

 

Chelmsford City Council

City Cllr N Chambers (unable to attend)

 

Essex County Council

Cty Cllr J Aldridge (unable to attend)

 

Play park, Edney Common

Cllr D Cameron

 

Village Hall

Cllr C Sargent

 

Public Rights of Way

M Martin

Mandy reports that the paths are still muddy. A couple of bins have gone missing. She is reporting a lot of flytipping to CCC.

 

 

9

REPORT OF THE CLERK

 

To RECEIVE the report of the clerk.

 

1

Annual Parish Assembly

The statutory agenda was placed in noticeboards and on the website, along with a small poster which included more information about the nature and purpose of the meeting. An advertisement was also placed in the May parish magazine.

 

 

2

Mobile library service

Following ECC’s consultation about the future of the mobile library service, the review decided that there would be no mobile library service in Cooksmill Green from 3 April 2018, and the visits to the school in Loves Green would take place three-weekly on Thursdays, and last for half an hour.

 

 

3

 

Letter to Lord Petre re: deer

Lord Petre’s emailed reply has been circulated to councillors.

 

 

4

 

 

HMRC annual returns for PAYE and VAT

These have been successfully submitted before the statutory deadline. In 2017/18 the council paid more in VAT than it collected, so a refund of £20.05 has been paid by HMRC.

Payroll for the new tax year has been started.

 

 

5

Litter Pick 2018

A successful litter pick was carried out; thanks to co-ordinator Lynda Horsnell.

 

 

 

10

 

DATA PROTECTION

See report at end of agenda. Councillors are requested to consider it carefully and suggest any additions or amendments. The council is then asked to AGREE the Privacy Notice. The Notice is a starting point and may need revision in the light of experience and developments in advice received.

 

 

 

11

CHELMSFORD CITY COUNCIL; CONSULTATION ON PUBLIC SPACES PROTECTION ORDER

Chelmsford City Council is consulting on its proposal to introduce a Public Spaces Protection Order to control fly-posting and roadside advertisements. It is hoped to be able to circulate an email copy of the proposal; if not possible, the clerk will scan the hard copy and forward it.

 

The council is asked if it wishes to comment on the draft order.

 

 

12

PLANS FOR PLAY AREA ON GRASS AT REAR OF VILLAGE HALL

Cllrs Latham and Sargent have been working on this project. Their conclusions and recommendations will be circulated shortly for consideration.

 

 

 

13

FINANCE

 

13.1

 

Accounts for payment

To APPROVE the accounts for payment (list will be available at the meeting).

 

 

13.2

To NOTE the account balances as at 30 April 2018.

 

 

13.3

 

To REVIEW the council’s risk assessment and management document.   A copy has been circulated to councillors.

 

 

13.4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annual Governance and Accountability Return (AGAR) 2017/18

The system has changed slightly this year. The return has a new name, is set out differently and all the documentation comes electronically rather than in hard copy. There are other small changes. A copy of the form has been circulated. The first page is the Annual Internal Audit Report (AIAR), left blank. Section 1 on page two is the Annual Governance Statement and is also left blank. Section 2 on page three is the Accounting Statements for 2017/18; this has been completed.

 

1          To consider the report of the Internal Auditor

            Mrs N Powell Davies has agreed to continue as the council’s internal auditor.

            Mrs Powell Davies is currently carrying out the internal audit of the council’s accounts. She hopes to have completed the AIAR by the time of the meeting. (Please note that the timescale is tight, with the financial year end on 31 March, then the clerk has to get all the necessary documents etc completed and the internal auditor has to review them, along with all her other local council clients who are working to the same timetable, so a possible delay is inevitable.) The council is asked to NOTE the AIAR if it is available.

            If the full internal audit report is available by the time of the meeting it will be circulated to councillors. The council is asked to NOTE the report and consider its recommendations and any necessary actions arising from it.

            If the report is not available, it will be considered at the next meeting. The requirements for the financial year will have been met anyway as the last report was considered in July 2017 (i.e. within the financial year 17/18).

 

2          Annual Governance Statement

            The council is required to have a sound system of internal control which

i            facilitates the effective exercise of its functions and the achievement of its aims and objectives

ii           ensures that the financial and operational management of the authority is effective

            iii          includes effective arrangements for the management of risk;

and it is required to review the effectiveness of its system of internal control prior to answering the questions asked in Section 1 of the AGAR, the Annual Governance Statement. Considering the questions asked in the Annual Governance Statement constitutes a review of the system of internal control.

 

The council is asked to CONSIDER the questions asked in section 1 of the AGAR, the Annual Governance Statement, and DECIDE its answers.

For information, in respect of qu. 4, electors’ rights, the clerk can confirm this has been complied with.

 

3          Accounting Statements

            The council is asked to AGREE Section 2 for submission to the external auditor, PKF Littlejohn.

 

4          Additional information

            As the Annual Return is very basic, additional information which is more useful to the council has also been circulated and should be NOTED. This comprises a summary Receipts and Payments account comparing 2016/17 with 2017/18 and including the budget for 2017/18, and explanatory notes.

 

 

13.5

 

 

 

 

 

 

Review and renewal of council’s insurance

The council’s insurance is due for renewal on 1 June. Last year was the final year of a three-year agreement with Zurich. Zurich has quoted a premium of £254.96 inc. taxes for the coming year. This compares with £250.45 for last year.   Zurich is not offering a long-term agreement this time.

 

The renewal invitation has been forwarded to councillors for information (please note that it is incorrect where it mentions the option of a long-term agreement).

 

A simple summary of the council’s cover is as below; please ask for full details or refer to the policy documentation if required:

Public Liability                         £12,000,000 Limit of Indemnity

Employer’s Liability                 £10,000,000 Limit of Indemnity

Libel and Slander                    £250,000 Limit of Indemnity

Money                                     Non-negotiable money £250,000

                                                Other Money – see policy

Fidelity Guarantee                  £250,000 Limit of Indemnity

Legal Expenses                      £100,000 Limit of Indemnity

Personal Accident                   Capital Benefits £50,000

                                                Temporary Total Disablement £200pw

 

The council’s property is not insured for damage, theft etc. The question of insuring the garages is still not resolved.

 

The council is asked if it wishes to ACCEPT the renewal from Zurich or to ask the clerk to seek other quotations.

 

 

13.6

Cheque signatories

To confirm cheque signatories/on-line banking authorisations for 2018/19; currently Cllrs. Cameron, Latham, Horsnell and Sargent.

 

 

14

HIGHWAY MATTERS REPORTED BY COUNCILLORS AND CLERK

1          Speeding Traffic (standing item)

2          Street lights by Montague’s Farm and the village hall obscured by overhanging branches, hedges need trimming, especially by the path from Loves Green to the church and from Church Farm to Writtle Park Farm entrance, flooding opposite Church Farm and in Wyses Road (parishioner & Cllr Sargent)

 

 

15

 

 

 

 

COMMUNICATIONS AND CORRESPONDENCE

To RECEIVE such communications and correspondence as the Clerk may place before the Council.

1          email has been circulated to councillors re: consultation on unauthorised developments and encampments; the council is asked if it wishes to comment.

 

 

16

DISTRIBUTION BAG

None.

 

 

17

 

DOCUMENTS ON DEPOSIT

To RECEIVE notice of the following documents received by or deposited with the Clerk.

None.

 

 

18

PLANNING APPLICATIONS

 

a)

To NOTE the parish council’s comments made on planning applications between meetings.

 

 

App. no.

18/00310/FUL

 

 

Location

Annexe, The Old Granary, Old Barns Lane

 

 

Proposal

Change of use of an annexe to a separate dwelling house

 

 

Comment

No objection

 

 

 

 

 

 

App. no.

18/00530/FUL

 

 

Location

Loves Green Cottage, Loves Green

 

 

Proposal

Single storey front extension with a new porch

 

 

Comment

No objection

 

 

 

 

               

 

 

 

App. no.

18/00549/FUL

 

 

Location

Ewsons Farm, Ongar Road

 

 

Proposal

Part two storey, part single storey front, side and rear extension with rear Juliet balcony. Solar panels to front of garage.

 

 

Comment

Objection. The application is overdevelopment, and inappropriate in the green belt. There is no reason why an agricultural tie would prevent the sale of the property, and this is not a justification for needing to expand. There is an existing planning permission for considerable extensions which would provide adequate accommodation, including for the needs of the applicants’ daughter.

 

 

 

 

 

 

App. no.

18/00645/FUL

 

 

Location

Home Lodge, Cock Lane

 

 

Proposal

Demolition of existing garage to create a new play room, two storey front extension and replacement of existing mansard roof with a dual pitch roof and dormers over existing windows

 

 

Comment

No objection

 

 

 

 

 

b)

To CONSIDER the following planning application.

None.

 

 

 

 

 

c)

To CONSIDER any other planning applications received since the agenda was prepared.

 

 

 

 

 

d)

DECISIONS BY CHELMSFORD CITY COUNCIL

To NOTE the following planning decisions by Chelmsford City Council.

 

 

 

GRANTED

 

 

 

App. no.

18/00199/FUL

 

 

Location

Woodland House, Loves Green

 

 

Proposal

Part two storey part single storey side extension.   Chimney extension to side.   Single storey front porch canopy. External alterations including alterations to fenestration and external insulation to front, rear and side elevations.

 

 

 

 

 

 

App. no.

18/00334/LBC

 

 

Location

The Green Man, Highwood Road, Edney Common

 

 

Proposal

Changes to existing building including replacement windows, repointing of brickwork, replacement roof tiles and thermal upgrade of existing walls (internally)

 

 

 

 

 

 

App. no.

18/00310/FUL

 

 

Location

Annexe, The Old Granary, Old Barns Lane

 

 

Proposal

Change of use of an annexe to a separate dwelling house

 

 

 

 

 

 

REFUSED

 

 

 

App. no.

18/00123/FUL

 

 

Location

Field opposite Barrow Farm, Metsons Lane

 

 

Proposal

Retrospective application for the siting of mobile home within the Radical Bikes site, for occupation by employees.

 

 

 

 

e)

 

 

PLANNING CORRESPONDENCE

i           To NOTE any planning correspondence received and respond to             consultations as appropriate.

None.

 

 

f)

OTHER PLANNING MATTERS

None.

 

 

 

19

OTHER URGENT BUSINESS – for information only

To NOTE any matter of an urgent nature which a Member or the Clerk may wish to draw to the attention of the Council, and/or request to be included on the agenda for the next meeting of the Council.

 

Note: no decisions may be taken during this item as the required statutory notice of the business will not have been given.

 

 

20

DATE OF NEXT MEETING

7.30 p.m. Wednesday 11 July 2018

 

 

21

EXCLUSION OF PRESS AND PUBLIC

To RESOLVE to exclude the press and public from the following item under the Public Bodies (Admission to Meetings) Act 1960 as it contains confidential information relating to a property matter and a personnel matter.

 

 

22

 

PROPERTY MATTER

Report has been emailed to parish councillors. Please note the information therein must be kept confidential and is for the information of parish councillors only.

 

 

23

 

PERSONNEL MATTER

Report has been emailed to parish councillors. Please note the information therein must be kept confidential and is for the information of parish councillors only.

 

 

 

 

Agenda item 10

 

DATA PROTECTION

 

The issue of data protection has been brought into sharp focus by the requirements of the forthcoming General Data Protection Regulation, which takes effect on 25 May 2018. In truth councils should already be abiding by most of the principles, albeit they may differ slightly.

 

Data protection applies to personal information which can identify a living person, and can include names, addresses, email addresses, phone numbers etc.

 

Highwood Parish Council is a data controller and data processor.

 

A report was made to the last meeting about the requirement for public authorities (which includes parish councils) to appoint a Data Protection Officer. This was causing considerable consternation in the sector as in most cases an external person or firm would have had to be appointed, which would have been costly and probably quite cumbersome administratively. The government has realised that the requirement is likely to be unnecessary for parish councils as they only process very small amounts of data, so an amendment to the legislation which will remove this requirement has been tabled. This will be a great relief to parish councils. Until the amendment is confirmed or defeated, it is recommended that no further action be taken in respect of appointing a DPO.

 

The information below is a starting point and may need to be refined in the light of experience.

 

The first step is to carry out a data audit to see what data the council holds and how it is used.

 

Personal information held

Where is it held

Who holds it/has access to it

How is access controlled

What it is used for

Legal basis for processing the personal information

How long is it kept for

Councillors’ names, addresses, phone numbers, email addresses, register of interests

CCC election records, HPC files, clerk’s computer, parish magazine

Public information

n/a

Public records, contacting councillors etc

Public task/statutory power

Till councillor leaves office

Employee name, address, phone number, NI no, tax code, other employment details etc

Highwood public noticeboards (name, address & phone number), HPC files; clerk’s computer

Some is public information; employment details are kept on clerk’s computer

Part n/a; other, no-one has access to clerk’s computer

Contacting the clerk; employment requirements e.g. HMRC

Legal obligation and contract

Seven years after leaves post (for audit reasons)

Suppliers/contractors names, addresses, phone numbers, email addresses, bank details

 

Grant applicants

Clerk’s computer;

bank details are on council’s bank’s website

Clerk and the council’s bank

No-one has access to clerk’s computer; bank access is controlled by passwords, PIN etc

Contacting suppliers; paying them

Contract

Seven years after financial year of last transaction (for audit purposes)

Garage tenants names, addresses

Clerk’s computer

Clerk

No-one has access to clerk’s computer

Managing garage tenancies

 

Seven years after financial year of last transaction (for audit purposes)

Electoral register from CCC

Clerk’s computer

Clerk

Password protected

Checking eligibility to attend annual parish meeting

Statutory power

Two years

Playground accident reports

HPC files

Clerk

Access to files is limited

Dealing with an incident; insurance

Legal requirement

21 years after incident (child has three years after reaching age 18 to make a claim)

 

 

Highwood Parish Council (“HPC”) Privacy Notice

 

1              HPC complies with data protection law.

 

2              HPC is a Data Controller and Data Processor.

 

3              The legal bases on which HPC carries out data processing are statutory powers, legal requirements and contracts.

 

4              HPC does not carry out automated decision-making nor profile personal information, neither does it pass it on to other organisations except when required to do so for legal reasons.

 

5              HPC does not process “special categories of data” nor that of children, except in the case of an accident report on council property.

 

6              HPC does not send personal information overseas nor use “cloud” storage.

 

7              HPC does not use personal information for purposes other than those for which it was collected.

 

8              HPC does not hold any personal information which is processed on the grounds of consent having been given so no consent form is required.

 

9              The personal data HPC holds will be used lawfully, fairly and in a transparent way. It will be accurate and kept up to date, and kept only as long as necessary for the purposes for which it has been collected. It will be kept and destroyed securely including ensuring that appropriate technical and security measures are in place to protect the personal data from loss, misuse, unauthorised access and disclosure.