Signed AGAR to March 2024

Minutes of the Ordinary Council Meeting of Fulking Parish Council held Thursday 17th 2024 at 7.30pm at Fulking Village Hall.

Present

Chair: Cllr Mark Hind

Fulking Parish Council (FPC) Cllr Linda Comber, Cllr Lucy Mehta, Cllr Tom Kardos & Cllr Karen Healy

Mid Sussex District Council (MSDC) Cllr Geoff Zeidler

West Sussex County Council (WSCC) Cllr Joy Dennis

Clerk Trevor Parsons

There were three members of the public present.

The meeting started at 7.30pm.

Agenda

24/053/OM. – Apologies for Absence.

All councillors were present

24/054/OM. – Declaration of Members’ Interests.

No interests declared

24/055/OM. – Approve the Minutes* of the Ordinary Meeting of 11th July 2024 and Planning meeting 12th August 2024 The minutes, subject to any amendments, to be approved and signed as a true record of the meeting.

Ordinary meeting – Proposed by Cllr Kardos, Seconded by Cllr Mehta – approved unanimously

Planning Meeting – Proposed by Cllr Comber, Seconded by Cllr Healy – approved unanimously

24/056/OM. – Matters Arising & Outstanding Actions – To clarify and report on actions brought forward from the last meeting.

Village signs – The Clerk reported that two signs were repainted and erected on new posts with the final repainting underway with James Lightfoot. It was unanimously agreed that the new village signs are excellent.

TRO Poynings / Edburton Road – The Clerk reported that WSCC has approved the speed reduction to 40mph along Edburton Road and Poynings Road outside the villages. It is hoped that vehicles will now travel slower and large lorries will less frequently be directed through the village by satellite navigation.

RoSPA Playground Inspection – following RoSPA stand response in July, further investigation is required. Council to send photos to RoSPA for clarification of which play activity requires repair.

Parish Plan – To be reviewed at January meeting.

Small Acres – The recent planning application was declined by SDNPA. In additional the council has been notified that an appeal has been made against the enforcement of the eviction.

Flytipping – Cllr Healy reported issues with MSDC removing flytipping from Clappers Lane. Police had instructed for the waste to be moved off the road resulting in contractors refusing to remove the waste now on private land. Cllr Healy contacted Cllr Ziedler for his assistance to instruct contractors to remove the waste, and this has now been done.

24/057/OM – Reports from District and County Councillors.

Councillors received their quarterly report from Cllr Zeidler (MSDC) with matters pertaining to Fulking being:

I have received the offer of support for Parish Playground in North Town Field for a PSPO and provided a route forwards. I have also assisted a resident in getting fly tipping cleared and there is continuing support in relation to the Small Acres enforcement.

Cllr Dennis (WSCC) reported:

1. The WSCC budget for next year is looking favourable with no impact on services, this will be reviewed and ratified.

2. A County Water Summit Group has been created including delegates from WSCC, the water companies and DeFRA. There are serious issues to be addressed around future availability of drinking water due to the level of new builds in the County and the responsible management of wastewater.

3. There is a new lane rental scheme in place where contractors (utilities, developers etc) digging up certain roads will be charged a daily levy of £2,500 to incentivise the contractor to complete works in a shorter number of days. The County has employed 10 enforcement officers to ensure compliance of the rules.

24/058/OM – Village Hall Update

Cllr Hind updated the meeting to advise that the Village Hall CIO was meeting that week to appoint additional trustees and to put in place an action plan to raise £100,000 to secure the purchase of the Hall from the local Parochial Church Council.

24/059/OM – Ram Pump repairs

The Ram Pump House roof has missing tiles. As a listed building, consent would be required from SDNPA to replace the roof. The Clerk will be undertaking an initial survey of the Ram Pump House on 26th November with a local specialist to establish whether a repair (which may not need planning consent) or replacement roof will be required and report back to Councillors with findings.

24/060/OM. – Fulking Parish Council Budget 2025/2026

Councillors discussed the Budget for the next financial year which would include starting a separate fund for the future replacement of the playground equipment. If a grant to assist with the new playground was to be sought in the future, the Council would need to evidence its contribution towards the cost. It was proposed that the precept be increased to £13,800 being a rise of £500 to cover the increasing costs of running the Council plus £2,000 to be held in a separate account for the new playground fund. Councillors voted four in favour of a precept of £13,800 for 2025/2026 with one Councillor against.

24/061/OM. – Reports from Outside Bodies, Information Items & Correspondence

An invitation to the AGM of WSALC on Monday 4th November 2024 was received and Cllr Healy indicated her intent to attend on behalf of Fulking Parish Council

24/062/OM. – Financial Matters: To receive the report on the Council’s income and to approve future expenditure.

15/07/2024 Sigma Payroll £28.45

16/07/2024 Village Sign 2 £500.00

24/07/2024 Electricity £132.53

30/08/2024 Village Sign 3 £500.00

11/09/2024 Clerk Salary £1,549.86

Receipt – Precept £5,625

Councillors reviewed the income and expenditure for the period and unanimously agreed to ratify all the payments made.

Date of the next Ordinary Meeting: Thursday 16th January 2025

The meeting closed at 9.30pm

Minutes of the Extraordinary Council Meeting Fulking Parish Council held on Thursday 12th August 2024 at 8.00 pm held at Fulking Village Hall. 

Present 

Chairman:                                     Cllr Mark Hind
Fulking Parish Council (FPC):           Cllrs Tom Kardos and Linda Comber 

There were seven members of the public present who expressed their views on the application. 

The meeting opened at 8.00pm. 

24/050/PM.          Apologies for Absence. 

Apologies received from FPC Cllrs Karen Healy and Lucy Mehta, together with Cllr Joy Dennis (WSCC) and Geoff Ziedler (MSDC) 

24/051/PM.          Declaration of Members’ Interests. 

No interest declared. 

24/052/PM.          Planning matters – SDNP/24/02216/FUL 

Proposal: Single pitch settled gypsy accommodation site, including siting of mobile home and utility building Location: Small Acres, Clappers Lane, Fulking, West Sussex, BN6 9NH  

Grid Ref: Eastings: 525066, Northings: 111695 

It was noted: 

Fulking Parish Council (FPC) held a public meeting in the village hall on 12th August to discuss this application.  

Three planning decisions regarding Small Acres are directly relevant to this application: 1) SDNPA Planning Committee decision dated 10th November 2022 – Ref: SDNP/22/04317/FUL 2) Planning Inspector Decision by H A Orr dated 9th April 2024 – Appeal Ref: APP/Y9507/C/22/3313813 3) SDNPA decision by M Hughes dated 18th July 2024 – Ref: SDNP/24/02233/LDP In view of these decisions FPC requests that this application is called in to be reviewed by the SDNPA Planning Committee.  

The Parish Council voted unanimously to object to this application. In summary FPC considers approval of this application will cause significant harm to the National Park and it should be rejected by the SDNPA whose primary purpose is to conserve and enhance the natural beauty of the national park. The following is more detail on why this application should be rejected:  

Intentional Unauthorised Development  

It is fact that the development commenced over the August 2022 Bank Holiday without planning permission. The process of laying hardstanding to establish the pitch was intentional in nature. The development has all been completed so this is a retrospective planning application.  

The Chief Planner issued by letter on 31st August 2015 a statement on the matter of intentional unauthorised development which whilst in part was specific to such development in the Green Belt also states generally: “The government is concerned about the harm that is caused where the development of land has been undertaken in advance of obtaining planning permission. In such cases, there is no opportunity to appropriately limit or mitigate the harm that has already taken place. Such cases can involve local planning authorities having to take expensive and time consuming enforcement action. For these reasons, this statement introduces a planning policy to make intentional unauthorised development a material consideration that would be weighed in the determination of planning applications and appeals. This policy applies to all new planning applications and appeals received from 31 August 2015.”  

It is therefore requested that SDNPA affords weight to this material consideration in the determination of this application particularly given that national parks have the highest status of protection for conserving and enhancing landscape and scenic beauty as confirmed in the National Planning and Policy Framework.  

Harm to Landscape Character and Appearance  

The recent decision of the Planning Inspector H A Orr on 9th April 2024 regarding two gypsy plots said: 

 Paragraph 30 “…. the appeal development now fills a previously undeveloped gap that helped to add a sense of transition, between the village and the more open countryside beyond. It therefore has the effect of extending the built development towards the cricket ground. This is particularly apparent from the various public paths and viewpoints including Devils Dyke, cumulatively making the sites more prominent in this highly sensitive landscape.”  

Paragraph 48 “… great weight is to be given to conserving and enhancing landscape and scenic beauty in national parks, which attracts the highest status of protection. I have also found that the appeal development in addition to the existing permitted sites, result in a cluster of sites, that fail to conserve or enhance the landscape and scenic beauty of the area, or to respect the scale and pattern of development of this small rural village, such that it dominates the nearest settled community. In combination I have attributed significant weight to this combined harm.”  

Paragraph 49 “Overall, in my judgement, the combination of factors in favour of the development are not sufficient to clearly outweigh the significant harm I have identified to the character and appearance of the SDNP and the settled community.”  

The SDNPA decision by M Hughes on 18th July 2024 has permitted the storage of a 19.8m by 6.7m mobile home which is 80% larger than current mobile homes unlawfully sited at Small Acres. The dimensions of the two mobile homes currently on site are 12.1m by 6.1m, one of which is subject to this application. Due to the size of the mobile home agreed for storage at the site this decision will cause harm to the landscape and scenic beauty of the area as it will be easily visible from the public footpaths on the scarp slope and it will have the effect of extending the built development towards the cricket ground.  

The planning inspector concluded that the two gypsy mobile homes currently stationed on the land would cause significant harm to the character and appearance of the national park. The rationale being development in a previously underdeveloped area (para 30) and a cluster of sites (para 48)  

Approval of this application will also result in development in a previously undeveloped area and result in the built area extending towards the cricket ground. The mobile home is highly visible from the public footpaths on the scarp slope. Taken in conjunction with the recently approved storage of a 19.8m by 6.7m mobile home this will result in significantly more harm to the landscape character and appearance than the two gypsy plots subject to the Planning Inspector decision and should therefore be refused.  

Dominance to the Settlement  

The Planning Inspector in their decision on 9th April 2024 said;  

Paragraph 39 “…in my judgement these additional pitches in such close proximity to those already permitted, result in a cluster of caravan sites, that fail to respect the scale and pattern of development of this small rural village, such that to a limited degree, it dominates the nearest settled community. The development is thus in conflict with Policy SD33 of the LP that seeks to ensure that sites do not result in being over concentrated in any one location or disproportionate to nearby communities.”  

Previous planning inspector’s decisions on adjacent gypsy sites have concluded that a smaller number of gypsy plots would dominate the village:  

S Hand 22nd February 2016 – APP/Y9507/C/15/3062034 para 21 page 7 “In my view three gypsy plots comes close to but does not dominate the settled community, and that argument becomes stronger with further applications”.  

G Chamberlain 8th February 2021 – APP/Y9507/W/19/3225109 Para 21. “In conclusion, the proposal when considered cumulatively would, in a physical sense, result in a disproportionate over concentration of pitches in one location.”  

Approval of this application will result in 7 Gypsy plots in close proximity together with the already approved 19.8m x 6.7m mobile home. There are 47 dwellings on Clappers Lane – therefore, the existing six gypsy pitches account for just less than 13% of dwellings. An increase to 7, will result in 15% of dwellings on Clappers Lane being gypsy pitches and if the agreed mobile home for storage was included that would be 17% of all dwellings, all in close proximity to one another. It is the view of Fulking Parish Council that this will result in an over-concentration and dominance to our small village and the settled community – thereby contrary to the applicable criteria in Policy SD33 of the Local Plan and the application should be refused.  

Great Crested Newts and Biodiversity  

The consultee comments from the District Licensing Officer (Great Crested Newts) confirm that this development has occurred within the “red Impact Risk Zone”. Great Crested Newts have been observed on the property adjacent to Small Acre during recent flooding events. Unfortunately, as the development has already occurred and this is a retrospective application it is likely that harm has already been caused. As the primary purpose of a National Park Authority is to conserve and enhance wildlife FPC requests that SDNPA arrange for a suitably qualified and experienced ecologist to undertake a site visit and to assess whether a breach of the Conservation of Habitat and Species Regulations 2017 and the Wildlife and Countryside Act 1981 has occurred. As the application was validated after 2nd April 2024 the mandatory 10% biodiversity net gain will apply. As this is a retrospective application FPC requests that the SDNPA make it clear that the baseline for the 10% biodiversity gain should be the site before the additional hardstanding was installed in August 2022. 

 Dark Skies  

Although the application states that no external lighting is proposed the applicant has recently installed a high intensity lighting system in breach of the South Downs Technical Advice note on Dark Skies.  

FPC requests an early visit by SDNPA to assess the impact of this lighting arrangement.  

Drainage and Impact of Listed Building  

The change from Small Acre as a pasture to having an area of approximately 950sqm of hardstanding has resulted in an unprecedented number of flooding events at Cabbage Patch the Grade II listed building property which is adjacent to Small Acres. As a result of the surface change and the resulting floods the residents have had to incorporate a pumping out solution to their garden to safeguard the house and its contents. The necessary piping/hoses lie across the garden, which is unsightly paraphernalia particularly in the setting of a listed building but now essential. Without any opportunity to assess the impact of the change in the ground surface in advance of the works being undertaken, there has been no opportunity to mitigate the harm that has resulted. It is essential that the hardstanding area shown on the proposed site plan and agreed with SDNPA is removed to reduce the risk of further flooding.  

Assessment of needs  

The Mid Sussex District Council GTAA April 2022 is the most up-to-date assessment of need and shows no current unmet need for the Mid Sussex Area of the SDNP which includes Fulking. In any case if a local planning authority cannot demonstrate an up-to-date 5 year supply of deliverable sites, the Planning policy for traveller sites December 2023 provides specific exceptions for a National Park.  

FPC is of the view that nothing has been presented in this application which would result in a Planning Inspector making a different decision to that taken in April i.e. “Overall, in my judgement, the combination of factors in favour of the development are not sufficient to clearly outweigh the significant harm I have identified to the character and appearance of the SDNP and the settled community.” As such the SDNPA should reject this application. 

Minutes of the Ordinary Council Meeting of Fulking Parish Council held Thursday 11th July 2024 at 7.30pm at Fulking Village Hall.  

Present 

Chair: Cllr Mark Hind 

Fulking Parish Council (FPC) Cllr Linda Comber, Cllr Lucy Metha & Cllr Karen Healy 

There were two members of the public present. 

The meeting started at 7.30pm. 

24/039/OM.            Apologies for Absence. 

Apologies were received from Joy Dennis (WSCC), Geoff Zeidler (MSDC) and Tom Kardos (FPC) 

24/040/OM.            Declaration of Members’ Interests. 

No interests declared. 

24/041/OM.            Approve the Minutes of Ordinary Council Meeting of 11th April 2024 and Extraordinary Meeting held 15th May 2024. 

Approval of Ordinary Meeting minutes proposed by Cllr Comber, seconded by Cllr Mehta, unanimously approved. 

Approval of Extraordinary Meeting minutes proposed by Cllr Mehta, seconded Cllr Comber, unanimously approved. 

24/042/OM.            Matters Arising & Outstanding Actions To clarify and report on actions brought forward from the last meeting.  

Village Signs – Cllr Comber advised the meeting that one sign had been repainted and erected. One sign, work was in progress, and the final sign is being removed by P W Beard and delivered to James Lighfoot for repainting. 

TRO Poynings Road – The Clerk advised the meeting that there was agreement in principle for the TRO for West Sussex County Council and that a three-week public consultation was on the way before final agreement is confirmed.  

Volunteering – Duke of Edinburgh participants had recently undertaken rubbish clearance in the village as part of the Award Scheme. Cllr Healy has agreed to contact DOE Scheme to offer similar volunteering exercises in the village.  

North Town Field – Residents has raised the issue of long grass in NTF and the Clerk has been asked to clarify with Mark Stephens, how often the grass is cut. 

24/043/OM.            Reports from District and County Councillors.  

By separate email Cllr Zeidler (MSDC) reports: 

No policy activities are being considered until after the election, but continuing work has recently included updates to members on Claire Hall and Burgess Hill centre; and the expansion of on-street electrical charging points. The next District Council meeting is 24th July. 

Officers have confirmed that the District Plan preparation continues on schedule, although awaiting for an Inspector to be allocated. MSDC have appointed a new AD Planning & Sustainable Environment. 

At the District Planning Cttee the application at Naldrett’s farm was approved by 6 votes to 4 despite a motion to refuse; and the first Battery Storage application around Bolney sub-station was also approved by 5 votes with 3 abstentions. I have written to the Chair of the Committee to ask clarification as to why my request for the condition of an obligation around safety upgrades was not discussed. 

Following examples of cases where Planning conditions and enforcement are not effective at protecting residents I am currently investigating a proposal to ensure limits on the impacts of a development outside the immediate footprint are clearly established; met and enforced for consideration once I understand the appropriate forum. I will keep you informed. 

Southern Water made a presentation on progress and plans for £1m investment in remedial works for Sayers Common sewage which will result in roadworks between 28th July and the end of October. These should assist the foul water issues; but surface water management and gullies need to be managed in parallel by WSCC Highways. The residents are being co-ordinated in relation to ditch clearance by Steve White. 

There has been a request for cameras to be put on the A2300 to reduce the incidence of “racing”. 

I had confirmation that the Parks Strategy Action Plan was effectively adopted and progressing as planned with the “Tier 4” review underway and expected to report in the autumn. Officers believe that there is limited risk that s106 funding will become time-expired. 

Further to the challenge of identifying funds to support Parishes and Community projects I met with MSVA and a note is attached separately. I would highlight that MSVA are arranging a “meet the funders” event at Haywards Heath Town Hall between 10-12 am on 4th July which I would encourage Parishes to attend. They have also identified a round of funding support for village halls – News: Grants of up to £75,000 return for village halls which can be used to cover up to 20% of capital costs associated with renovation and improvement projects. – ACRE. 

I have now been certified as Carbon Literate (!) and am awaiting clarification as to how MSDC will support my pledge relating to Carbon Footprint calculators for households. 

24/044/OM.          RoSPA Playground Inspection 

Councillors review the RoSPA annual inspection report on the Playground. 

ACTION: Clerk to contact RoSPA for clarification that the monkey rings remained safe to play on as the report seems to include the former stepping logs frame in the monkey rings appraisal. 

24/045/OM.            Parish Plan 

The first draft of the Parish Plan questionnaire has been emailed to the Council by Laura Heales of Action for Rural Sussex. Councillors agreed that some modification was still required and a meeting to review the survey in draft form will be convened after the summer holidays. 

24/046/OM.            Village Hall 

Cllr Hind informed the meeting that the Rev Tim Harford had contacted him in regard to the proposed sale of Fulking Village Hall. This sale had been on hold for around 12 months. Cllr Hind advised that if £100,000 could be raised to include the purchase price, survey, legal costs and incidentals. On the advice of Action in Rural Sussex, a Charitable Incorporated Organisation (CIO) had been created to take ownership of the Hall. Councillors discussed the topic in detail including concerns that the Hall will need to generate sufficient income to cover the costs including insurance, electricity and maintenance. A meeting of the trustees had been arranged for Saturday 13th July 2024 and Cllr Hind would report further at the next meeting. 

24/047/OM.             Information Items.  To receive information and items for the agenda at future meetings. 

None received. 

24/048/OM.              Financial Matters.  Adoption of Financial Regulations 2024 

Councillors reviewed the Financial Regulations 2024 received previously by email from the Clerk and unanimously agreed to adopt them. 

24/049/OM.              Financial Matters. To receive the report on the Council’s income and to ratify  expenditure from 11th April 2024 to 11th July 2024 being: 

Sigma Payroll                             £28.45 

Electricity                                 £165.21 

Village Signs                             £500.00 

Parish Online                           £   30.00 

West Sussex ALC                     £100.83 

ICO                                          £  35.00 

Web Hosting                             £  71.00 

Clerk Salary                            £1,549.86 

Clear – Insurance Premium   £419.72 

Village Sign Posts                     £996.00 

RosPA Playground Report       £117.60 

Councillors reviewed the income and expenditure for the period and unanimously agreed to ratify all the payments made. 

24/050/OM.               To set a date for the next Ordinary Meeting for 17th October 2024.