WEST LINDSEY DISTRICT COUNCIL

The Meeting commenced with Prayers by the Reverend Ian Robinson.

It was proposed and seconded that the Minutes of the Meeting of the Council held on 9th August 1999 be confirmed and signed as a correct record.

295 COMMUNICATIONS

The Chairman of Council reported on his civic engagements since the Meeting of Council held on 9^th August 1999, a copy of which is attached at Appendix "A" to these Minutes.

The Chairman advised that he and his wife had been particularly busy and all of his engagements were most enjoyable.

On Tuesday 17^th August 1999 the Chairman together with his wife attended at the official opening of Papermill Cottages at Tealby. It was pleasing to see tourism on the Wolds in action.

On Sunday 5^th September 1999 the Chairman and his wife spent an enjoyable afternoon at Brandy Wharf Cider Centre on the occasion of their Annual Open "Scrumpy Row". This was a further example of tourism within the District.

On Saturday 2^nd October 1999 the Chairman and his wife were most pleased to join Lincoln Aero Club who were based at Sturgate Airfield, at their Annual Dinner at Gainsborough Golf Club.

The Vice-Chairman of Council reported that on Sunday 26^th September 1999 together with his wife, he had attended the Civic Service of Lincoln City Council, held in the Chapel in Lincoln Cathedral.

The Chairman of Corporate Services Committee reported that on Sunday 12^th September 1999, following a day of officiating at the Tennis Tournament, he had been invited to present the awards at the Annual Inter-Village Sports Tournament held at Cherry Willingham School. The event, organised by the Council’s Leisure Services Officer was a tremendous success and the Chairman of Committee was particularly pleased to note the participation of Councillor G J Fenwick together with his daughter, in the relay race. The Chairman of Council formally thanked the Chairman of Corporate Services Committee for presenting the awards at such short notice.

The Chairman of Contract Services Committee referred to the decision to be taken later in the meeting to dissolve the Contract Services Committee and wished to place on record his sincere thanks to present and past Members of the Committee and Officers from the Contract Services Directorate, for their valuable contribution to the work of the Council over many years.

No questions had been received

Councillor G J Fenwick submitted and proposed the following motion in accordance with the provisions of Standing Order No.6 which was subsequently seconded by Councillor A C Rosser :-

298 QUESTIONS PURSUANT TO STANDING ORDER NO.8

1. QUESTION by Councillor R.A. Shore to Councillor M. French, Chairman of Planning Services Committee:-

"Members of the public have expressed concern that little or no action appears to have taken place since the notification of the results of the appeal of the case between W.L.D.C. and Mr. R. Duguid.

Could I please have an update on the present situation at Hemswell Cliff, with particular reference to the 'Market' and the enforcement action? What are the financial implications to the rate payers of West Lindsey?"

ANSWER by Councillor M. French, Chairman of Planning Services Committee :-

"Thank you for your question Councillor Shore.

The Enforcement Notice issued by West Lindsey District Council, requiring (inter alia) the cessation of use of land for the purposes of holding markets and/car boot sales, was issued against Mr. Ronald Mathew Duguid on the 23^rd December 1997. Mr. Duguid subsequently entered an appeal against the Enforcement Notice with the Planning Inspectorate within the proper period.

An Inspector, appointed by the Secretary of State for the Department of the Environment, Transport and Regions, held an inquiry into Mr. Duguid’s appeal on the 11^th August and the 1^st and 2^nd September 1998. The Inspector published his decision, by letter dated the 9^th November 1998, dismissing Mr. Duguid’s appeal and upholding the Enforcement Notice, subject to certain variations. Also he refused to grant planning permission on the application deemed to have been made under the Town and Country Planning Act 1990.

By notice of application dated the 30^th November 1998, Mr. Duguid applied to the Queen’s Bench Division of the High Court of Justice for leave to appeal against the Planning Inspector’s decision. The application was originally listed for hearing in the High Court on the 9^th March 1999, but this was postponed and relisted for hearing on the 14^th April 1999.

On the 14^th April 1999 the High Court granted Mr. Duguid leave to appeal against the Planning Inspector’s decision under Section 289 of the Town and Country Planning Act 1990.

Mr. Duguid’s appeal was finally listed for hearing before the High Court on the 21^st September 1999. The appeal was duly heard on that date and was defended by the Secretary of State for the Department of the Environment, Transport and Regions.

In the event the High Court adjourned Mr. Duguid’s appeal, to enable further legal argument to be submitted to the Court on the 8^th November 1999. It is now understood that the Court will hand down its final judgement on the 12^th November 1999.

Pending the final determination of the appeal by the High Court, the Enforcement Notice appealed against is suspended and no action relating to it may be taken by the Council.

Mr. Duguid’s appeal against the Secretary of State’s decision to uphold the Council’s Enforcement Notice is being defended by the Secretary of State, at the cost of the National Exchequer. Accordingly, no legal costs in connection with the appeal have been incurred, as such, to the Council Taxpayers of West Lindsey."

2. QUESTION by Councillor T. Brown to Councillor K. Whaley, Chairman of Economic Development Services Committee:-

"For many years now the people of Gainsborough have suffered the demoralising process of slow economic decline.

However many are beginning to feel some sense of the beginnings of a recovery which is heralded to some extent by a number of factors, but none more so than the Gainsborough Regeneration Programme.

We all have high hopes for the future.

Unfortunately there still remains one major 'blot on the landscape: an eyesore which epitomises Gainsborough's loss of status over the years. It stands in all its ugliness, symbolising a depressed area.

This is the site, off Ropery Road, which is home to the huge derelict silos that can be seen by all.

When finances become available would the Chairman consider pursuing a policy towards the purchase of this land or the demolition of these silos or both?

We are desperate for prime sites for development in this area.

We have this one crying out for serious consideration for such a development.

Therefore I would like to ask the Chairman of there is a way for this council to move forward on this issue?"

ANSWER by Councillor K. Whaley, Chairman of Economic Development Services Committee :-

"Thank you for your question Cllr Brown. I agree completely with the sentiments expressed within the question. Members will be reassured to know that the Town Centre Working Group has seen the issue of derelict and neglected sites within Gainsborough as a priority. Alongside this, a development brief is nearing completion for the adjoining area. This brief makes reference to the ‘Point Bid’ site.

The site is currently the subject of serious commercial interest, however the Silos remain not only an eyesore but are also proving to be a constraint on the acquisition of the site by the private sector. At present the type of financial assistance previously available from Central Government via English Partnerships is not accessible through the Regional Development Agency. This is a problem affecting a number of projects and sites throughout the region. Our officers are continuing to pursue this matter in order to reach a satisfactory conclusion and have briefed the potential purchaser accordingly. In the event that no monies can be obtained from the Regional Development Agency in the short/medium term, I will be asking officers to prepare a paper for consideration by the Economic Development Services Committee setting out the options for direct intervention by this Council to encourage the acquisition of the site. Members should note however that any action taken by the Council is likely to be subject to and maybe constrained by European legislation regarding state aid to private companies."

Note: Prior to consideration of the following business the Chairman of Council advised that, on this occasion, he had agreed that Question Nos. 3 and 4 could be put and answered as urgent business in accordance with the provisions of Standing Order No.8(1)(b) as they had not been submitted in writing to the Chief Executive within three clear working days’ notice of the meeting.

The Chief Executive would be writing to all Members of the Council to advise that when a Council Meeting took place on a Monday the latest time for receipt by him of a written question under Standing Order No.8 was 5.00 pm on the preceding Tuesday unless it was accepted by the Chairman of Council as a matter of urgent business.

3. QUESTION by Councillor R.A. Shore to Councillor K. Whaley, Chairman of Economic Development Services Committee:-

"This question is regarding the units in the Market Arcade which have been empty for several years. There has been a proposal following a great deal of effort by a number of interested parties to open an arts and craft centre here. However, because of the nature of the project, much initial support will be required to help launch this scheme.

Many Councillors are anxious to encourage small business development to help compliment the regeneration of the riverside.

We expect that this initiative will breathe fresh life into this part of Gainsborough.

My first question therefore is - what has already been offered by way of assistance in helping to get off the ground this proposed Arts & Crafts Centre?

And secondly - what more financial assistance can be sought and subsequently offered to ensure that this project eventually succeeds?"

ANSWER by Councillor K. Whaley, Chairman of Economic Development Services Committee :-

"Thank you for your question Cllr Shore. As Chairman of the EDSC and also Chairman of the Gainsborough Regeneration Partnership, I share your sentiments about the need to encourage small business development and further compliment the activities now taking place in the Riverside Area. Obviously, the development of a new initiative such as this requires a lot of groundwork to be done and can take a significant amount of time to pull together to demonstrate its viability and sustainability.

Some members will recall that the proposed craft centre in the market arcade has been on the agenda of the Town Centre Working Group, the minutes of which went to the last EDSC meeting on 7^th September. In addition to these discussions 7 meetings have so far taken place, involving officers from Property Services and the Economic Development Division. As an involved local ward member in the project, I understand that Cllr Brown has also been present in the meetings and had discussions with officers about the initiative.

I understand that much work has been done to date by the group and that they are working with South Humber Business Advice Centre which is sponsored by this Authority to provide business advice to a range of established and prospective small business ventures. Further information was received by officers in the middle of last week and the business plan is now being developed.

The main form of financial assistance available to small business initiatives such as this is our Greensite environmental improvement scheme to improve the external appearance of the proposed arcade. However, once the anticipated income and expenditure streams have been more clearly identified it will be possible for officers to look at presenting the project to a future meeting of the EDSC and suggesting possible options for members to consider."

4. QUESTION by Councillor D.H. Lomas to Councillor K. Whaley, Chairman of Economic Development Services Committee:-

It was proposed and seconded that the Minutes of the Meeting of the Community Services Committee held on 9th September 1999 be received.

Upon consideration of Minute 217 in connection with the prohibition of public entertainments on Christmas Day and Good Friday a Member advised that having spoken to a number of his constituents he was of the strong opinion that the prohibition should not be lifted on Christmas Day.

The Chairman of Committee advised that a report would be submitted to the Community Health and Safety Sub-Committee and the Member’s views would be conveyed to that Meeting.

Upon consideration of Minute 218 in connection with proposed meat and bone meal storage, Blyton Airfield, the Chairman of Planning Services Committee was pleased to report that the Lincolnshire Branch of the Local Government Association at its meeting on 1^st October 1999 had resolved to refer the Council’s concerns to the National Association in an attempt to seek a review of either the Town and Country Planning Legislation and/or the Environmental Protection Act 1990, to enable the Council to have an effective input and measure of control, prior to any storage being permitted.

The Chairman of Planning Services Committee further advised following the visit made by him and other Members together with Officers of the Council to the site at Barkston Heath near Grantham. The visit had done nothing to allay any concerns. He had seen a dead pigeon; a dead rat; material overflowing onto the floor from containers; open grills in the roof that would allow dust into the atmosphere and severe water penetration.

A Member requested the Chairman of Planning Services Committee to obtain further advice as to any action that could be taken by the Council under existing legislation in order to protect public safety.

In reply the Chairman of Planning Services Committee confirmed that he would ensure that all public safety issues were challenged and monitored. He would keep Members of the Council fully up to date.

RESOLVED that the Minutes be received.

It was proposed and seconded that the Minutes of the Meeting of the Corporate Services Committee held on 23rd September 1999 be received and the recommendation contained therein adopted.

Upon consideration of Minute 238 in connection with the Minutes of a meeting of the Post Stock Transfer Organisation Working Group held on 24^th August 1999 a Member enquired as to whether or not the employee advertisements placed in the local press recently would be temporary appointments until such time as the Council had determined its future organisational structure.

In reply the Chairman of Committee advised that the recent employee advertisements were in respect of posts approved by the Corporate Services Committee as a result of the pending Housing Stock Transfer.

It was proposed and seconded that the Minutes of the Meeting of the Economic Development Services Committee held on 7th September 1999 be received.

Upon consideration of Minute 251 in connection with Minutes of the Gainsborough Town Centre Working Group held on 31^st August 1999 a Member expressed concern that the Gainsborough Market was not being developed to its full potential.

In connection with the proposed Farmers Market a Member advised that there was already such a market in existence touring Lincolnshire and he personally had attended the Market at Spilsby. He recommended that consideration be given to arranging for the Farmers Market to come to Gainsborough.

In respect of the Trinity Street Trading Area a Member was disappointed that three meetings had taken place with Traders but the Local Ward Members had not been invited to attend.

The Chairman of Economic Development Services Committee advised that the meetings referred to had not been organised by the Council but, he understood, the Traders themselves.

In connection with the Sales of Wet Fish/Meats a number of Members suggested that the sale of such should be provided outside of the indoor market. Reference was made to the successful "wet fish" stall at Market Rasen.

The Chairman of Economic Development Services Committee advised that he had been in discussion with the Environmental Health Services Manager and traders of wet fish/meats would be required to meet legal requirements and provide certain facilities. These were to be examined.

The Chairman of Committee further advised that the Working Group would be considering the possible externalisation of the management of Gainsborough Market at its next meeting.

RESOLVED that the Minutes be received.

It was proposed and seconded that the Minutes of the Meetings of the Planning Services Committee held on 25th August and 22nd September 1999 be received.

Upon consideration of Minute 266 1 in connection with Plan No. 99/P/0402 (outline planning application to erect 3 No. dwellings with associated garages The Old Vicarage, Vicarage Lane, Welton) a Member referred to the policy within the Local Plan that outline planning permission would not be granted for development within Conservation Areas.

The Chairman of Committee advised that he hoped the Council’s policies would become more consistent in order that further delegation could be given to Officers.

A number of Members expressed concerns that they had been omitted from the planning consultation process as a result of the Planning Services Unit not being fully aware of the new District Wards.

The Chairman of Planning Services Committee gave an assurance that steps had been taken to review the consultation procedures and he had passed to the Chief Executive a report recently considered by Lincolnshire County Council in connection with Document Management.

Upon consideration of Minute 271 in connection with OTMS MBM Proposed Store, Kirton Road, Blyton a Member questioned as to whether or not the storage buildings at Blyton were in accordance with the original plan.

The Chairman of Planning Services Committee advised that all related issues were to be fully investigated including the size of the storage buildings.

Upon consideration of Minute 272 10 in connection with Plan No. 99/P/0753 (county matter application to store recycled inert materials (stone and soil) Summergangs Lane, Gainsborough) a number of Members expressed concern that the waste transfer/civic amenity waste disposal site had been opened to the public without any works being undertaken to improve the standard of the access track serving the site.

Concerns were expressed in respect of the need to improve the access by the provision of (1) an increased width of carriageway or vehicle passing areas, (2) a more appropriately surfaced carriageway, (3) a segregated pedestrian route to serve the residents of the Travellers’ Site and (4) the provision of an appropriate level of street lighting.

The Chairman of Planning Services Committee gave an assurance that there would be a meeting with Lincolnshire County Council Members and Officers to discuss all concerns and the need for health and safety considerations to be given to the residents in the area.

Upon consideration of Minute 279 in connection with Lincolnshire Structure Plan – Proposed Lincoln Area Policy Framework Alteration a Member expressed the need for the County Council to consult closely with the District Council.

The Chairman of Planning Services Committee advised that a meeting had already taken place with Lincoln City Council and consultation with the County Council would be continued.

Upon consideration of Minute 284 in connection with the Local Plan Review Members expressed concern regarding the non-delivery of information leaflets.

The Chairman of Planning Services Committee advised that immediately the position regarding non-delivery of the Information Leaftlets became known to the Planning Services Unit action was taken. He read to the meeting the content of a letter from the Planning Services Manager to the Leaflet distributor. This letter clearly stated the Council’s dissatisfaction at the lack of service and sought a refund of the fee paid to the Company and additional costs to cover the reprinting of the Information Leaflet.

RESOLVED that the Minutes be received.

It was proposed and seconded that the Minutes of the Meeting of the Tourism and Recreational Services Committee held on 6th September 1999 be received.

RESOLVED that the Minutes be received.

Chairman