Minutes of the Ordinary Council Meeting of Fulking Parish Council held Thursday 16th March 2023 at 7.30pm at Fulking Village Hall.  

Present 

Chairman: Cllr Mark Hind 

Fulking Parish Council (FPC) Cllrs Karen Healy and Tom Kardos 

Mid Sussex District Council (MSDC) Cllrs Alison Bennett and Colin Trumble 

West Sussex County Council (WSCC) Cllr Joy Dennis 

There were three members of the public present and the meeting started at 7.45pm. 

23/018/OM.            Apologies for Absence. 

Apologies were received from Cllrs Linda Dyos and Cllr Lucy Mehta (FPC) and Cllr Rodney Jackson (MSDC). 

23/019/OM.            Declaration of Members’ Interests. 

There were no members interest declared prior to the meeting. 

23/020/OM.            Approve the Minutes of Ordinary Council Meeting of 12th January 2023 and Planning Meeting on 2nd February 2023. 

The minutes, subject to any amendments, to be approved and signed as a true record of the meeting. 

The minutes of the meetings were approved by all councillors as a true record and signed by the Chairman.  

23/021/OM.            Reports from District and County Councillors.   

Cllr Bennett (MSDC) reported 

•  that MSDC precept has increased by 2.7%. 
• that she has requested that the resilience forum look at the rising number of power outages occurring across Mid Sussex. Cllr Hind confirmed that there are power cuts monthly in Fulking. This leaves mobile phones without signal and therefore unable to contact the emergency services. Cllr Trumble recommended keeping a diary of power cuts in the village. 
• Our MSDC Councillors are not standing for the new Downland Villages Ward at the elections in May 2023 and therefore a new District Councillor will be elected. Cllr Trumble is not seeking re-election to MSDC. 

Cllr Hind thanked Cllr Bennett and Cllr Trumble for all the support they had provided to Fulking Parish Council and its residents and wished them well for the future. 

Cllr Joy Dennis (WSCC) reported: 

• Construction of the new school in Burgess Hill has commenced at a cost of £50m and is expected to be finished in 18 months. Birth rates across Mid Sussex has dropped therefore there is less pressure on school places. 
• Powers from Dept for Transport have been granted to charge utility companies for digging up the roads. This has resulted in roadworks being completed quicker with road closed for less time. The revenue generated from the charges will be used to employ compliance / enforcement officers to monitor the quality of the repairs. 
• Parish Councils may now formally request a Community Traffic Regulation Order to apply to make changes to speed limits within the parish. 
• WSCC has increased its core Highways budget by 25% plus an extra £4.5m from govt for repairs. 
• The WSCC Jet-Patcher pothole repairer will be deployed to when the weather improves.   

23/022/OM.            Matters Arising & Outstanding Actions To clarify and report on actions brought forward from the last meeting.   

Fulking Parish Council commissioned planning specialists Triptych PD to prepare an appeal document on behalf of the Parish Council in relation to the Small Acres appeal to the Planning Inspectorate. Triptych PD submitted the document directly and the receipt by the Inspectorate was received.  Andrew Griffith MP has also written to the Inspectorate supporting the Parish Council position.  

23/023/OM.              Council Elections   

Cllrs Mark Hind, Karen Healy, Lucy Mehta & Tom Kardos have agreed to stand again as Fulking Parish Councillors. After serving two terms as councillor, Cllr Linda Dyos has decided not to seek re-election. 

23/024/OM.              Reports from Outside Bodies & Correspondence 

None 

23/025/OM.             Information Items.  To receive information and items for the agenda at future meetings. 

None 

23/026/OM.           Playground Update 

The clerk advised the meeting that we are still waiting for the quote for the playground repairs from Toby English. 

23/027/OM.            WSCC Watershed & Drainage update 

Cllr Trumble recommended that a meeting between Fulking Parish Council, MSDC, SDNPA Planning, Environmental Health and the new District Councillor to review the flooding and drainage situation in the village. 

23/028/OM.            Clerk Pay Review.    

Following a recent review of the Clerk’s pay, councillors agreed unanimously to increase the pay scale from SCP20 to SCP30 from 1st April 2023. This will increase the hourly rate to £18.86 for the six hours per week employed. This amount will increase in line with the annual NALC pay review. 

23/029/OM.             Financial Matters. To receive the report on the Council’s income and to approve future expenditure. 

The current cashbook of income and expenditure was sent to Councillors prior to the meeting confirming a balance of £4,923.68 was held in the current account. This is after the VAT reclaim had been received and payment to the planning advisor, clerks pay and other bills were paid.  £12,184.07 held on instant access deposit. 

Date of the Annual Meeting is Thursday 18th May 2023.  

Next Ordinary Meeting provisionally scheduled for Thursday 6th July 2023.   

The meeting closed at 9.35pm. 

Minutes of the Extraordinary Council Meeting Fulking Parish Council held Wednesday 5th October 2022 at 6.30 pm held at Fulking Village Hall. 

Present 

Chairman:                                           Cllr Mark Hind 

Fulking Parish Council (FPC):           Cllrs Linda Dyos, Karen Healy, Lucy Mehta & Tom Kardos 

Parish Clerk                      Trevor Parsons 

There were seven members of the public present. 

The meeting opened at 6.30pm with the Chairman opening the meeting to the floor for comments. 

22/058/PM. Apologies for absence 

No apologies as all councillors were present 

22/059/PM. Declaration of Members Interest 

None declared. 

22/060/PM.          Planning matters – SDNP/22/04317/FUL 

Location: Small Acre Clappers Lane Fulking West Sussex  

Proposal: Change of use of land to provide two pitch settled gypsy accommodation site, including erection of utility building 

Fulking Parish Council consultee comments:  

Small Acre – SDNP/22/04317/FUL 

Members of the public were invited to a Planning Meeting held in Fulking Village Hall on 5th October. At this meeting Fulking Parish Council (FPC) was made aware that a significant number of residents would not be objecting to this application due to their fear of reprisals. South Downs National Park Authority (SDNPA) needs to be aware the number of written objections it will receive does not represent the full level of community objection to this application. 

FPC is also extremely concerned that, as this is retrospective application, a significant amount of unapproved development has already been completed, harming the South Downs National Park. It would also point out that the statement that John and Savanna Hearn have nowhere else to live is not true as they have a gypsy plot on the adjoining Market Gardens site. (Please see note at the bottom of page 2) and the claim that there is no planning history relating to this site is not true either. 

There is a long history of planning applications going back to at least 1952. A High Court Injunction (HQ 101289) was granted on 20th July 2001 to Mid Sussex District Council “to prevent the use of the land in question for the stationing of vehicles, mobile homes and caravans”. Since that time the land has come under the planning control of the South Downs National Park Authority (SDNPA) so it now has the highest level of development protection available in the UK. 

On 30th August 2022 a SDNPA enforcement officer visited the site and confirmed that around 950 square meters of chalk had been imported to create hard standing. This section of Clappers Lane is prone to flooding and FPC has received grants from West Sussex County Council to help alleviate the problem. The conversion of grassland to hardstanding has therefore increased the risk of flooding to properties in the vicinity.  

Electricity connections and waste water pipes/ditches have been installed/dug out without any form of oversight or approval creating an environmental, health and safety hazard to both the occupants of the mobile homes and local residents. UK Power Networks, The Environment Agency and Mid Sussex District Council (MSDC) need to be urgently involved to check the environmental, health and safety implications of this unauthorised development. (Please see Southern Water consultee comments) 

In addition to the potential harm caused to the applicants and local residents there is confirmed presence of great crested newts in the area, which are protected by UK and EU legislation. It would appear that there has been a breach of this legislation which covers the destruction of terrestrial habitat, disturbance and accidental killing/injury of individuals. (Please see HSS Ecology consultee comments).  

Unfortunately, the installation of several high intensity LED floodlights around the site, which are now on from dusk to dawn, will also disturb the local bat and owl population, species also protected by legislation. These lights are also in breach of the SDNPA Dark Skies policy and disruptive to neighbours. 

Although the mobile homes and caravans are not easily seen from Fulking, they are conspicuous when viewed from Fulking Escarpment and The South Downs Way. No amount of additional hedging around the site will hide the visual harm that has been created due to the height of the escarpment when viewing the site. 

In the Planning Inspector’s decision (Ref: APP/Y9507/C/15/3062034) dated 22nd February 2016 relating to Conifers, the adjoining gypsy site, Simon Hand said (Para 21) “In my view three gypsy plots comes close to but does not dominate the settled community, and that argument becomes stronger with further applications as would the issue of the impact of any more development on the village and on the National Park.” 

It would appear that The Planning Inspectorate now seems to care little about this issue or indeed protecting the natural beauty of the National Park as since then a further three gypsy plots have been approved in Fulking, bringing the total to six. (Four in Market Gardens and two in Conifers). Approval of this application would increase the number of gypsy plots to eight, almost three times higher than what Simon Hand considered was “close to dominating the settled community”.  

The Planning Inspectorate has in previous decisions relating to the adjoining gypsy plots decided that the interests of the applicants outweigh the harm to the National Park and the local settled community. It is the view of FPC that these decisions have encouraged the applicants to undertake this development and seek retrospective approval.  

The gypsy plots approved in Fulking to date have followed a pattern of unauthorised development followed by a planning application to avoid enforcement action and then finally approval. Should this application be approved FPC is of the opinion that further retrospective applications for gypsy plots will be forthcoming. 

The application states that Small Acre is occupied by “two traveller families 

Mobile Home 1 – is occupied by Russell Owen and his partner Teresa Lane 

Mobile Home 2- is occupied by John Hearn and his wife Savanna (nee Sheen). They have 2 children a boy and girl at 2 and 3 years old.” 

The application also states that the applicants have nowhere else to live. This claim is not true as John Hearne and his wife Savana were granted permission by SDNPA on 19 February 2018 to occupy a gypsy plot on the adjoining Market Garden site. Please see SDNP/17/03762/CND and note below. 

As a matter of public record the Land Registry Title number: WSX187103 dated 6th April 2022 shows the owners of the land are: John Hearne – 39 Owlsmoor Road, Owlsmoor, Sandhurst GU47 0SN and Russell Owen – 14 Parsonage Road, Welham Green, North Mymms, Hatfield AL9 7LZ. The claim that Russell Owen and his partner have nowhere else to live may not be true either. 

In any case SDNPA and MSDC earlier this year conducted a new Gypsy and Traveller Accommodation Assessments (GTAA) to meet their legal requirements and no additional need has been identified.  

After considering all the details all five FPC Councillors voted unanimously to object to approval of this application. In addition, seven members of the public who attended the meeting also showed their objection by a show of hands.  

Note:  

“SDNP/17/03762/CND | Variation of condition 2 on planning consent SDNP/15/04159/FUL – To increase the number of caravans to 2 mobile homes and 2 touring caravans and ancillary dayroom. Market Gardens Clappers Lane Fulking BN5 9NH –  

The occupation of the site hereby permitted shall be carried on only by the following: Mr John Hearne and Mrs Georgina Hearne; Mr John Hearne (son) and Savana Hearne; and resident dependants only”                                                                                                                                                                                            

22/061/PM.    Planning Matters – SDNP/22/04214/FUL 

Location: Perching Parva Farm Holmbush Lane Woodmancote Henfield West Sussex BN5 9TL  

Proposal: Demolition of existing commercial building and the erection of a replacement building. 

Fulking Parish Council consultee comments: 

No objections to the application 

Meeting closed 8.40pm 

Minutes of the Planning Meeting, Annual Meeting of the Council and Annual Parish Meeting held Thursday 12th May 2022 at 6.15 pm at Fulking Village Hall. 

Present 

Chairman:                                   Cllr Mark Hind
Fulking Parish Council (FPC):        Cllrs Linda Dyos, Karen Healy, Tom Kardos and Lucy Mehta 

Mid Sussex District Council:           Cllrs Alison Bennett and Rodney Jackson 

West Sussex County Council:          Cllr Joy Dennis
Parish Clerk:                                  Trevor Parsons 

There was one member of the public present who were offered an opportunity to speak.  

The meeting opened at 6.20pm. 

Agenda: Extraordinary Meeting – Planning 

22/036/OM.  Apologies for Absence.        None 

22/037/OM. Declaration of Members’ Interests.      None 

22/038/PM. Planning Application SDNP/22/01880/HOUS. 

Location: Four Acres Poynings Road Fulking West Sussex BN5 9NB  

Proposal: Extension to existing annexe to create pool and pool enclosure 

The views of all Councillors were heard, Cllr Kardos commented that the application proposed was a great improvement on the original pre-application. The new pool and pool enclosure will not be visible from the road.  

Councillors had no objection to the proposal and the Extraordinary Meeting closed at 6.50pm 

Agenda: Annual Meeting of Council       Meeting opened at 6.50pm 

22/039/AMC Chairman’s Welcome followed by Election of Chairman 

The Chairman welcomed everyone to the meeting. 

Cllr Healy proposed that Cllr Mark Hind be elected as Chairman for a further 12 months, seconded by Cllr Dyos. Councillors unanimously in favour. 

Meeting closed at 7.00pm 

Agenda: Annual Parish Meeting 

22/040/APM Apologies for Absence        None 

22/041/APM Approval of minutes APM 05/05/2021 

The minutes of the 5th May 2021 Annual Parish Meeting were unanimously accepted as a true record of the meeting. The Chairman signed the minutes accordingly. 

22/042/APM   Chairman’s report 

The Chairman advised that a number of initiatives were undertaken in the last year and included: 

Village Hall: Discussions were underway to buy Fulking Village Hall from the Church. Following advice received from “Action in Rural Sussex and England” a Charitable Incorporated Organisation has been set up to act as a vehicle to raise funds and eventually to own the hall once negotiations have been concluded with the Church. This continues to be a lengthy process with many legal and fund raising issues to be resolved. 

Information board: With joint funding from South Downs National Park an information board explaining the design and implementation of the Fulking RAM pump and water system by John Ruskin and others has been installed adjacent to the stream. 

Maintenance and repairs: A number of repairs were undertaken in the children’s playground to keep it up to the required safety standards. The finger post and lamppost in Clappers Lane which were damaged by vehicles have been replaced. 

Operation Watershed: Funds have been received from West Sussex County Council for drainage improvements in the village and we are awaiting a start date from the contractors. 

22/043/APM    Reports from District & County Councillors 

Cllr Alison Bennett (MSDC) reported: 

There is a children’s bench design competition in progress for the Platinum Jubilee with the winning design being created and installed in Haywards Heath. 

The Sustainable Economy document is being drafted looking more at the need of nature rather than just carbon reductions. Natural capital mapping for the whole district is being undertaken to assist with the report.   

The District Plan has been paused temporarily but it will need to be completed at some point. 

School places is still a live issue to ensure Downland Villages continue to allocations at Downlands School in Hassocks. 

Cllr Rodney Jackson (MSDC) reported: 

The Council Tax refund of £150 is underway for housed rated A – D. for those who pay by direct debit, this will be refunded automatically, anyone paying by other methods will need to apply for the refund. 

The long term vision for Clair Hall is still under review. 

A Centre for Outdoor Sports will be established within the Northern Arc development. MSDC will need to apply for additional grants as the CIL monies being received will not cover the cost of the project. 

Cllr Joy Dennis (WSCC) reported: 

Dementia Week – there is a high proportion of the older generation with dementia in the County and this percentage is likely to increase. Because of Covid-19, less people have visited the doctor and therefore been diagnosed. WSCC urged everyone to support the elderly and receive the support they need.  

Refugees – There are a large number of refugees in Sussex due to the previous Afghan crisis, having Gatwick in the County and now Ukraine friends & family initiative. At Gatwick, WSCC have staff there 24 hours a day to help and support Ukraine host families. 

Death on Saddlescombe Road – Cllr Dennis reminded the meeting of safely courses available to the public. WSCC are reviewing road signage and safety on all the county’s A & B roads 

Velocity Patches – Pot holes remain a big issue, WSCC have established velocity Patches for fixing multiple pot holes in the same area. Cllr Hind thanked Cllr Dennis for the patch repairs at Ladybrook Spring prior to the major road repairs there later in the year. 

Climate Change – WSCC are on track to be carbon neutral by 2030. 

22/044/APM.   To consider and agree the Internal Audit Report Letter dated 20/04/2022. 

The Internal Auditor Report was reviewed by Councillors who approved the report unanimously.  

22/045/APM.   To consider and agree the Annual Governance and Accountability Return (AGAR) for the year ending 31 March 2022 ensuring it accurately presents the financial management of the Council as required by the Accounts and Audit Regulations 2015. 

The Annual Governance and Accountability Return (AGAR) for the year ending 31 March 2022 was reviewed by Councillors who unanimously accepted the report as a true record of the accounts. 

22/046/APM.   Date of next meeting 

The Annual Meeting date will be provisionally set as Thursday 4th May 2023. 

Meeting closed at 8.00pm 

Refreshments.   The public and press are cordially invited to attend. 

Minutes of the Ordinary Meeting of Fulking Parish Council held on Thursday 13th October 2022 at Fulking Village Hall. 

Present 

Chairman:                   Cllr Mark Hind 

Fulking Parish Council:         Cllrs Linda Dyos, Karen Healy, Lucy Mehta &  Tom Kardos 

Mid Sussex District Council: Cllr Alison Bennett 

Parish Clerk:                   Trevor Parsons 

There were eight members of the public present. 

The meeting started at 7.30pm where the Chairman invited members of the public to speak. The main concern raised was the increase in power cuts. 

Action: Cllr Healy offered to contact UKPN to understand why there are a greater number of power cuts.   

22/062/OM. – Apologies for Absence. 

Apologies were received from Cllr Joy Dennis (WSCC) and Cllrs Colin Trumble & Rodney Jackson (MSDC) all busy with County & District matters. 

22/063/OM. – Declaration of Members’ Interests. 

No declarations received. 

22/064/OM. – Approve the Minutes* of the Ordinary Meeting of 7thth July 2022  

The minutes were unanimously approved and signed by the Chairman as a true record of the meeting. 

22/065/OM. – Matters Arising & Outstanding Actions:  To clarify and report on actions brought forward from the last meeting.  

• Operation Watershed works have started in Clappers Lane which will improve drainage of rainwaters significantly. Work on ditch clearance in Edburton Road will start Monday 17th October. The works should be completed by Friday 21st October. 
• New signage has now been installed both ends of Clappers Lane to alert drivers of a narrow road in an attempt to reduce vehicle speeds along the road.

22/066/OM. – Reports from District and County Councillors. 

Cllr Alison Bennett (MSDC) reported: 

1. A new Winter Support Guide has been published as an aid to residents of where to obtain assistance. 

Action: Cllr Bennett to send the guide to the Clerk in PDF format.  

2. MSDC has submitted a “levelling Up” grant bid for £18.5m to assist in the regeneration of Burgess Hill town centre. 

3. There is a County & District Investment Zone bid to stimulate growth for Burgess Hill town centre and the Science Tech Park.  

4. The latest District Plan Review has been submitted for scrutiny which includes 2000 homes in Albourne / Sayers Common Parish. 

22/067/OM. – Market Garden, Conifers & Small Acres Update 

Councillors reported mobile homes and caravans have been installed without permission in Small Acres. Other than a Temporary Stop Notice issues by SDNPA, no other proactive action appears to have been taken by the Authority.  

The owners of Small Acres have submitted a retrospective planning application and the Parish Council have already submitted Consultee Comments opposing the application from the Planning meeting of 5th October 2022. 

22/068/OM. – Antisocial behaviour MSDC & Police support 

The Chairman reported that two meetings had been held with MSDC and the Police but matters are slow at moving forward. Regrettably the Police have offered little community support so far. FPC is looking to set up a meeting with ASB Team and victims as soon as possible. 

Action: Cllr Alison Bennett offered to contact Mandy and the ASB Team at MSDC to move actions forwards. 

22/069/OM. – Ladybrook Spring & drainage clearance 

The Chairman reported that WSCC have committed to a more permanent repair to the road however WSCC have yet to provide a timescale as to when the works will be completed.  

22/070/OM. – Pop Up Camping 

Annie Brown of BD Harris Farm approached Cllr Kardos and the Parish Council to create an agenda item for the farm to share an update on their strategy and business direction following an issue in the summer where a small number of neighbours had raised concern that the location of a pop-up camp site was too close to their homes and intruded on their privacy.  

The Chairman clarified the legal position that under the so-called 28-day rule, anyone with sufficient space and facilities in a suitable location can open up a campsite for 28 days without requiring planning permission. The facilities required are water and toilets, though these can be temporary and / or mobile. 

Annie Brown spoke on behalf of the farm and immediately apologised to the residents for not communicating their plans for this temporary on farm diversification venture, and for any distress caused. She said the idea for the pop-up campsite was conceived after the Open Farm Day to provide more people with an opportunity to visit the countryside and visit the National Park. Annie told the meeting that after costs there was little profit to be gained from the venture. Following some complaints from neighbours, the pop-up camping venture was shut down.  

The Chairman congratulated Annie and David on the success of the Open Farm Day and confirmed that the Parish Council was supportive of initiatives to encourage people to enjoy Fulking and The South Downs National Park. A number of residents expressed their opinions regarding the pop-up campsite including the suggestion that it be moved to the field containing the Shepherds Huts. 

David Ellin (the farm manager) then told the meeting of the raft of anti-social activity the farm faces every day including regular co-ordinated vandalism of the fences at Truleigh Hill where vandals acting in the name of “right to roam” were cutting through wire fencing to walk wherever they liked. David advised that this action creates a serious health risk to livestock and creating unnecessary additional work for the farmworkers.  

It was agreed to continue to build on the good relations that the Parish and the local farmer have cultivated over the years, and to keep an open dialogue for the benefit of all residents and businesses in the Parish. 

22/071/OM. – ROSPA report & Playground Maintenance 

FPC maintain the playground in North Town Field. Councillors inspect the equipment twice monthly. A recent inspection has identified the need for repairs to the steel frame and other items raised by the RoSPA audit. An initial quote for £6,000 plus VAT was received and Councillors asked the Clerk to request additional quotes to ensure best value can be obtained. 

ACTION: Clerk & Cllr Kardos to obtain additional quotes  

22/072/OM. – Village Hall Update 

The Chairman informed the meeting that discussions between the Council, the Fulking Village Hall CIO and the Church were ongoing and slow progress was being made.  

22/073/OM. – Waste Water Treatment building works 

The existing Treatment works were built in the 1950s. Southern Water are about to embark on a 17-month project to update the wastewater and sewage processing facility for the village. Cllr Dyos advised that she and many villagers are unhappy with the lack of communication and that no-one appears to have been notified of the plans for the upgrade. 

ACTION: Clerk to make contact with the works manager to provide a line of communication between Southern Water and the Parish. 

 22/074/OM. – Fulking Parish Council Budget 2023/2024.  

The current precept stands at £10,080 from MDSC. Budget plans for 2023-2024 are being compiled and it is clear that with rising inflation our maintenance costs will be higher next year. Consensus of councillors was that a rise in precept nearer 10% should be requested to ensure the Council continues to balance its commitments with income received. 

22/075/OM. – Reports from Outside Bodies. 

None 

22/076/OM. – Information Items.  To receive information and items for the agenda at future meetings. 

None 

22/077/OM. – Correspondence.  To discuss correspondence and respond to correspondence received. 

The Clerk reported that an email had been received from Barclays Bank for information regarding the Council bank account. This is a national review from all banks to all non-personal bank account holders. 

ACTION: Clerk to complete and return the review to Barclays Bank. 

22/078/OM. – Financial Matters: To receive the report on the Council’s income and to approve future expenditure. 

The Clerk provided information to Councillors confirming the current account balance at Barclays was £10,970.13 at the end of September 2022 and that £38,122.39 was held in deposit account of which £25,957.80 is set aside for Operation Watershed.  

Date of the next Ordinary Meeting: Thursday 12th January 2023