Fulking Parish Council Document Retention Scheme

Introduction

• The council recognises the need to retain documentation for audit purposes, staff management, tax liabilities and the eventuality of legal disputes and proceedings.
• In agreeing a document retention scheme, the council has addressed these needs, and taken into account its obligations under the Local Government Act 1972, the Audit Commission Act 1998, the Public Records Act 1958, the Data Protection Act 1998, the Employers’ Liability (Compulsory Insurance) Regulations 1998, the Limitation Act 1980, the Employment Rights Act 1996, the Local Authorities Cemeteries Order 1977, the Local Government (Records) Act 1962, the Freedom of Information Act 2000 and the Lord Chancellor’s Code of Practice on the Management of Records Code 2002.

Retention of documents for legal purposes

• Most legal proceedings are governed by the Limitation Act 1980. The 1980 Act provides that legal claims may not be commenced after a specified period. The specified period varies, depending on the type of claim in question. The table below sets out the limitation periods for the different categories of claim.

Category	Limitation Period
Negligence (and other torts)	6 years
Defamation	1 year
Contract	6 years
Leases	12 years
Sums recoverable by statute	6 years
Personal Injury	3 years
To recover land	12 years
Rent	6 years
Breach of trust	None

• Some types of legal proceedings may fall into two or more categories. In these circumstances, the documentation should be kept for the longest of the differing limitation periods.

• As there is no limitation period in respect of trusts, the council will never destroy trust deeds and schemes and other similar documentation.

• Some limitation periods can be extended. Examples include:
  • where individuals first become aware of damage caused at a later date (e.g. in the case of personal injury);
  • where damage is latent (e.g. to a building);
  • where a person suffers from a mental incapacity;
  • where there has been a mistake or where one party has defrauded another or concealed relevant facts.

• In such circumstances, the council will weigh up (i) the costs of storing relevant documents and (ii) the risks of:
  • claims being made;
  • the value of the claims; and
  • the inability to defend any claims made should relevant documents be destroyed.

Document retention schedule

• The council has agreed a minimum document retention schedule, based on the obligations under the previously named acts, codes, orders and regulations.

Document	Min. Retention Period	Reason
Minute books	Indefinite	Archive
Scale of fees and charges	6 years	Management
Receipt and payments account(s)	Indefinite	Archive
Receipt books of all kinds, including ledgers	6 years	VAT
Bank statements, including savings/deposit accounts	Last completed audit year	Audit
Bank paying-in books	Last completed audit year	Audit
Cheque book stubs	Last completed audit year	Audit
Quotations and tenders	6 years after completion of contract	Limitation Act 1980
Paid invoices	6 years	VAT
Paid cheques	6 years	Limitation Act 1980
VAT records, P60s & P45s	6 years	VAT, Tax
Petty cash, postage and telephone books	6 years	Tax, VAT, Limitation Act 1980
Timesheets	Last completed audit year	Audit
Wages books	12 years	Superannuation
Insurance policies	While valid	Management
Certificates for insurance against liability for employees	40 years from date on which the insurance commenced or was renewed	Employers’ Liability (Compulsory Insurance) Regulations 1998, Management
Investments	Indefinite	Audit, Management
Title deeds, leases, agreements, contracts	Indefinite	Audit, Management
Members allowances register	6 years	Tax, Limitation Act 1980
Correspondence and emails	3 years	Limitation Act 1980
Annual accounts and asset registers	Indefinite	Archive
Pension contribution records	6 years	Pensions Act 2014
Personnel records, including SSP and maternity records	6 years	Limitations Act 1980
Previous versions of policies, standing orders, schemes of delegation	3 years	Data Protection Act 1998
For halls, recreation grounds ·        Application for hire ·        Lettings diaries ·        Copies of bills to hirers ·        Record of tickets issued	6 years	VAT

• The need to retain any documents not included in the above schedule should be considered on an individual basis. As a guide, and in the absence of any prevailing act, code, order or regulation to the contrary, documents may be destroyed if they are no longer of use or relevant. If

 

Fulking Parish Council (FPC) takes the protection of your data seriously. Our aim is to provide a personalised and valuable service whilst safeguarding our users’ privacy. Collecting some personal information is necessary if we are to satisfy the expectations and requirements of our users and we have set out below what we will do with your personal information.

Community Website
www.fulking.net is a community website funded by FPC. It is based on WordPress open source software. In addition to official Parish Council communications, it contains content which may be supplied by a variety of authors but is posted by a limited number of editors, who have complete editorial discretion. Any personal information contained in these posts is provided with the subject’s permission or at their request.

Visitors to this Website
When someone visits this website we collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the website. This information is only processed in a way which does not identify anyone. If we do want to collect personally identifiable information through our website, we will be up-front about this. We will make it clear when we collect personal information and will explain what we intend to do with it.

Use of Cookies
This website uses cookies to assist the editors. Other visitors to the site are not supplied with cookies.

Security and Performance
We use a third party service to host our website securely. To deliver this service it processes the IP addresses of visitors to the website.

Links to other websites
This privacy notice does not cover the links within this website linking to other websites. We encourage you to read the privacy statements on the other websites you visit.

Mailing List
FPC uses a mailing list to communicate urgent community information and official council notices. Residents may unsubscribe or subscribe at any time without reference to FPC. Data held is; an email address, first name and last name (unless the resident has volunteered extra information). It is currently based on MailChimp software. Records are stored in accordance with MailChimp’s privacy policy https://mailchimp.com/legal/privacy/ . When a person receives an email from us, information is collected on when/whether the email was opened and if any of the links were clicked. This information is not personally identifiable.

Paid Advertising
The website and mailing list do not accept paid advertising, consequently no personal data is collected or passed to advertisers.

Email correspondence
Emails and any attached documents shared with FPC are held in accordance with our Document Retention Policy. They are securely stored on-line via Microsoft’s (Office 365) cloud servers. Further information on Microsoft’s data protection policy is available at https://protection.office.com/#/serviceassurance/othertrust

Disclosure of personal information
We collect contact details via the website and mailing list for the purposes of providing a service to existing and potential residents. We will never disclose personal details without the consent of the owner. Details are only held for as long as is necessary to fulfil the service request.

Access to personal information
Individuals can find out if we hold any personal information by making a ‘subject access request’ under the General Data Protection Regulations. If we do hold information about you, we will:

• give you a description of it;
• tell you why we are holding it;
• tell you who it could be disclosed to; and
• let you have a copy of the information in an intelligible form.

Please make any such request in writing via our email address clerk@fulking-pc.gov.uk or by post to Trevor Parsons, Fulking Parish Clerk, 1 St Catherine’s Cottage, Steyning Road, West Grinstead RH13 8LS

If at any time you feel that we have failed to meet these standards then please either contact us or make a complaint direct to the Information Commissioner using their website www.ico.org.uk/concerns

Draft Minutes of the Ordinary Meeting of Fulking Parish Council

Held at Fulking Village Hall on Thursday 12^th April 2018 at 7.30pm

Attendance:     
Chairman: Cllr Firth
Fulking Parish Council (FPC): Cllrs Hind, Dyos, Healy & Trist
Mid Sussex District Council (MSDC): Cllr Watts Williams
West Sussex County Council: Cllr Dennis
Locum Clerk: Elizabeth Leggo
Clerk: Trevor Parsons
Members of the public: 5 members of the public were present
 

1. Apologies for Absence.
   None for this meeting.

2. Declaration of Members’ Interests.
   None for this meeting.

3. Approve the Minutes of the Council Meeting of 4th January 2018 and the Planning Meetings of 8th February and 26th March 2018.
   The minutes of all three meetings were approved and signed as true records

4. Reports from District and County Councillors.
   Cllr Joy Dennis was present from West Sussex County Council and gave the following updates:

• That FPC should have received a Public Rights of way (PROW) letter, asking if there is any work that the Council would like done.
• A new Speed Indicating Device has been ordered, following the last one having been stolen. A new rota will soon be drawn up.
• Cllr Dennis has been working with a group of residents in the Parish who have a poor broadband signal, helping them to access the ‘Better Connected’ fund. It is hoped that this can be replicated with other groups.
• The Operation Watershed Fund is available again for 2018/19.
• A further £1.5million has been allocated for pothole repair, and work is underway.
• Fulking is not on the list for road re-surfacing this year.
• Cllr Dennis has attended a presentation by ChaMP, sponsored by Southern Water to improve the quality of the water from aquifers on the South Downs. ChaMP is working with farmers to try to reduce the use of nitrates and phosphates, and to change the time of year that these are used.
• Bus Strategy – there is currently a consultation on rural buses.

Cllr Anthony Watts Williams was present from Mid Sussex District Council and gave the following updates:

• Mid Sussex has an adopted District Plan, covering 2014-31. Housing numbers required are 876 per year until 2023/24, followed by 1070 per year until 2031. This amounts to over 16,000 homes across the District.
• The Council is preparing a new Planning Document to identify new sites. This plan does not include a Mayfield Market Town, and there is no plan for a new settlement. Most of the new homes will be built in the three largest town – Burgess Hill, Haywards Heath and East Grinstead.
• The Economic Development Strategy will soon be taken to Council. Economic growth is being encouraged in the District, and a science park is being planned along with the provision of a sixth form college. It was noted that excluding sixth forms at St Pauls Catholic College and at schools in East Grinstead, that there is no sixth form in Mid Sussex and that most students travel to Brighton to study.
• Regarding planning, Mid Sussex District Council is currently in negotiation with the South Downs National Park Authority (SDNPA) to ensure that the District Council is kept informed if there are any departures from planning applications, for applications for major developments, new dwellings or any gypsy or traveller related sites in the Park. It is hoped that a Ward Councillor will be invited to sit on the SDNPA Planning Committee.
• Poynings Pavilion is undergoing refurbishment, and a Community Café will be set up as a trial. Cllr Watts Williams asked FPC to please show its support of this asset in the community.

Actions:
– Cllr Firth to send a formal response to the PROW letter from WSCC
– A Fulking Parish Councillor to attend a talk by ChaMP
– A member of Fulking Parish Council to complete the consultation on rural buses

5. Matters Arising & Outstanding Actions:

• WSCC have been informed that the agreed HGV sign on Clappers Lane can be erected in due course.
• It is unlikely that FPC will need to step in support the rental of the Village Hall as the Village Hall Action Group and the Parochial Church Council have agreed a plan.
• Operation Watershed – FPC is focussing on alleviation of the flooding at the Southern end of Clappers Lane, on the corner opposite Lower Kents.

6. Planning Matters: 

SDNP/18/01642/FUL – Cannonberries, Poynings Road, Fulking, BN5 9NB
Proposal: Erection of dwelling

The following comments were submitted to the SDNP Planning Authority:

Fulking Parish council considered this application on 12th April 2018

This application is for a new dwelling in countryside outside the defined settlement of Fulking. As such it appears to conflict with the policy C1 of the Mid Sussex Plan (2004), SDNPA Draft Plan policies SD1, SD4 and NPPF relating to sustainable development and exceptional reasons to justify new dwellings.

Councillors expressed concern about the precedent this type of development would set in this location and queried the siting, which could have been ancillary to the main house.

While it was recognised that this design was less intrusive from the northern aspect (than the previous application) it remains highly visible from all aspects and is still detrimental to the to the scenic beauty of this area.   In this respect is appears to contradict a range of policies in the Mid Sussex Plan 2004, the draft SDNP plan and the NPPF in respect of maintaining the landscape and sustainability of this protected area.

Consequently, the Parish Council voted unanimously to OBJECT to this application.

7. Planning Update:

The Chairman presented a summary of recent planning applications, as below:
For the period since January 4^th until 2^th April 2018.

Reference	Name/Description		FPC Date	FPC Decision	SDNP Decision
Decided
SDNP/17/06007/FUL	Barn Cottage Extension & remodeling		04/01/18	Unanimous Neutral	Withdrawn 13/02/18
SDNP/17/06019/FUL	Cannonberries New Dwelling		04/01/18	Unanimous Objection	Refused 07/02/18
SDNP/18/00218/HOUS	Perching Farm Cottage Conversion of car port		08/02/18	Unanimous Neutral	Approved 20/03/18
In Progress
SDNP/18/01201/HOUS	Downside Extensive upgrades		26/03/18	Unanimous Support	Application in progress
Valid, not yet considered
SDNP/18/01642/FUL	Cannonberries New Dwelling		12/04/18	Due 12/04/18	Application in progress

 

Action: Clerk to look at the Planning Inspectorate Appeals website

8. Parking – Area West of Ladybrook Spring and Road Lines:

Cllr Hind, Vice Chairman, reminded the Council at the last meeting Cllr Dennis agreed to approach SDNP regarding funding availability for the Ladybrook Spring car parking scheme, once Cllr Hind had sent the historic correspondence. Unfortunately due to changes in the Council email system Cllr Hind had been unable to find any historic correspondence other than the minutes of the meeting of 18th January 2017, item 8 which said:

“Following discussions with SDNP they advised that the “Sustainable Communities Fund” is not available for any car parking schemes so no funding is available from them to support the proposed car parking project for the area west of Ladybrook Spring. There is a remote possibility some funds may be available in the future from the “Community Infrastructure Levy”.

Cllr Hind agreed to send a summary of the parking proposal to Cllr Dennis

Cllr Dennis agreed that she will approach SDNP on the behalf of FPC.

Cllr Hind also reported on parking issues around the Shepherd & Dog Pub, reporting that the Council is going to undertake a survey of residents for their views. This survey would go live the next day on 13^th April for four weeks. Residents of the Parish would be asked their preference on three options around the Pub – double yellow lines, single white line or no lines. In addition, the Council is encouraging general feedback.

9. Grit Bins and Winter Road Management Plan:

Residents have given feedback that the levels of grit have reduced significantly this winter. It was agreed that the Chairman and Vice Chairman would investigate this and to speak to the local farmer who has offered to transport the grit from the store to the bins.

Actions:
– Chairman & Vice Chairman to look at the Winter Management Plan
– Council to consider a Volunteer Policy
– Clerk to check that the Parish Council insurance covers volunteers
– Consent to be gained from volunteers if their details appear on the website, to comply with GDPR

10. General Data Protection Regulations:

It was noted that legislation comes into force on 25^th May 2018. The Council has made the following changes in preparation:

• Transferred email addresses so councillors no longer use their personal email accounts
• Documents are shared via the cloud SharePoint, which is restricted to FPC and secure
• Councillors have attended courses to understand more
• Satswana has been appointed as the Data Protection Officer (DPO)
• An Impact Assessment is being undertaken
• The Council will adopt: A Document Retention Policy, a Privacy Notice and a General Privacy Notice.

11. Reports from Outside Bodies.

None for this meeting.

12. Information Items and Items for Future Meetings.

• Cllr Trist asked that Operation Watershed regarding Edburton Road could be added to the agenda for the next meeting
• It was suggested that an update be given on the road condition at the entrance to Preston Nomads Cricket Club

Action: Clerk to add these items to the agenda for the next ordinary meeting of FPC

13. Correspondence.

None for this meeting.

14. Financial Matters:

2017/18 Cheques from Barclays current account (50052760 – balance £6,040.40), issued from
1^st January to 31^st March 2018, agreed at Parish Council meeting on 12^th April 2018.

Date	Description	Cheque No.	£
02/01/18	Street Lights	100718	115.50
16/01/18	D Blackhall – Salary (6/1-3/2)	100721	251.21
16/01/18	D Blackhall – Salary (7/10-30/12)	100719	681.50
22/01/18	HMRC (DIB) – Tax (6/1-3/2)	100722	62.80
22/01/18	HMRC (DIB) – Tax (7/10-30/12)	100720	165.40
23/01/18	E.On Direct Debit	01290157494	48.02
24/01/18	Jen Green – Gift to past Chair	100716	145.00
09/03/18	SSALC – GDPR Training	100723	£57.60
09/03/18	SSALC – GDPR Training	100724	£57.60
09/03/18	NTF Playground Rental	100725	£20.00
12/04/18	Henfield Garden Services	100726	£360.00
12/04/18	SSALC – Councillors Briefing	100727	£72.00
12/04/18	SSALC – Recruitment Assistance	100728	£420.00
12/04/18	WALC – Subscriptions	100729	£88.26
12/04/18	Locum Parish Clerk Services	100730	£212.60
	Total		£2,757.49

 

Income for period 1^st January to 31^st March 2018 – Nil

The Chairman closed the Meeting at 9.39pm

Date of Annual General Meeting of the Council and Annual Parish Meeting: Thursday 10th May 2018

Date of the next Ordinary Meeting: Thursday 12th July 2018
Both to be held at Fulking Village Hall at 7.30pm.

Fulking Parish Council

Planning Minutes

Date of Meeting:  26th March 2018

Present: Councillor Miles Firth (chairman), Councillors Karen Healey, Mark Hind and Michael Trist.

Apologies: Councillor Linda Dyos.

One member of the public was present: Trevor Parsons, Clerk to the Council (designate).

Declarations of interest: all councillors present confirmed that they had no interests to declare in the matters to be discussed at the meeting.

The meeting opened at 7.40 pm.

Prior to the meeting, no members of the public had requested to speak.

The following application was discussed.

Planning reference: SDNP/18/01201/HOUS

Downside, Poynings Road, Fulking BN5 9NB

New single storey living room extension to replace existing UPVc conservatory; demolition of existing garage; installation of new timber framed casement windows; first floor extension to rear and reconstruction of existing outdoor swimming pool.

The following points were discussed by the councillors:

1)  There had been one letter of objection lodged on the SDNPA planning portal, from a neighbour of Downside.  Following this, the objector has been in discussion with the applicant, and reached agreement that a window on a new portion of the eastern elevation (which would have overlooked the garden of the objector’s property) would be removed in an amended set of plans.  This new plan has now been submitted on the SDNPA website, and as a result the objector has now lodged a second letter on to the SDNPA portal, stating that he withdraws his original objection and now supports the application.

2)  It appears that the application would produce a more symmetrical appearance to the front (south elevation) of the property, which had been added to in a somewhat piecemeal fashion in the past.

3)  When examined, it would seem that the proposed works would involve a substantial redevelopment of the property.  This comment was added to by the observation that there is a 12% nett increase in total floor area (including the area lost by the demolition of one of the garages) : Existing area = 410 m2 downstairs, 187 m2 upstairs; proposed 389 m2 downstairs, 278 m2 upstairs.

4) There was a discussion regarding construction vehicles, deliveries of materials etc, which could be significant in number.  It was considered that the width of the road (and its verge) at the location of Downside and the ample amount of room on the drive of the property would mitigate most if not all of the effects of this matter.

5) It was agreed that when the proposed works are finished this would improve the view of the property from the road.

The resulting vote on this application was unanimously to support this application.

The meeting closed at 8.10 pm.