Minutes of the Meeting of Coniston Parish Council held in the Library on Monday 21st September 2009.
PRESENT: Councillors David Coxon (Chairman), Dist Cllr Mrs Anne Hall, Ms Rosemary Hext, Peter Hill, Mrs Elaine Kelly, John Stoddart and Lee Tarr; the clerk, C Sargeant; Co Cllr Mrs Claire Salisbury; Pc Paul Burke and PCSO Kayleigh Largue; and, 5 members of the public (B Bateman, D Fisher, I Kelly, G Kennelly and Mrs T Whirity).

1. Public welcoming and receipt of matters for debate: Chairman welcomed the public. Mr Kelly presented a petition on behalf of residents concerned about the safety of children in the village. The Chairman thanked him and, to address the legal side of the issue, called on Pc Burke who reassured those present that the police, acknowledging a duty to maintain public order, were monitoring and managing the situation. Pc Burke agreed to speak to parents when a date, time and place were confirmed. The Chairman said the exchanges had been useful and thanked all for their contributions.

2. Apologies: None.

3. Declarations of Interest: of members’ personal and prejudicial interests in respect of items on the Agenda: Cllr Coxon (matters relating to LDNPA). Cllr Mrs Hall (matters relating to planning, and in particular Plan.App.7/2009/5488). All councillors as Trustees of the Coniston Institute and Ruskin Museum.

4. Minutes of the Meetings 17th & 19th August 2009 were approved, and signed by the Chairman.

5. Matters arising from those Meetings with reports of action taken:

5.a. Item 5.A.b. Campbell House entrance protection Co Cllr Mrs Salisbury said proposals were being drafted.

5.b. Item 5.A.c. Council tour of inspection Deferred to later date.

5.c. Item 5.A.d. Locality Working Waiting for date of next meeting.

5.d. Item 5.A.h. Wall above High Hollin Bank No resolution.

5.e. Item 5.A.s. Parish Plan revision Deferred to January.

5.f. Item 5.A.t. Empty Homes in Coniston Cllr Mrs Hall to investigate if any progress has been made.

5.g. Item 5.A.w. Bridge conveniences Cllr Stoddart and clerk to attend meeting in Kendal 6 Oct.

5.h. Item 5.A.x. Great North Swim Councillors acknowledged how improved the organization was; that they were not aware of any traffic problems; and, that competitors and supporters were evident in the village, i.e., a boost to the local economy.

6. Matters arising since that Meeting:

6.a. Grass cutting in The Garth Repeatedly unsatisfactory. Clerk to seek clarification of specifications of contract and ask for date of contract renewal.

6.b. Coniston Christmas Lights Clerk to liaise with committee to make arrangements for continuation of display.

7. Reports and minutes of outside bodies:

7.a. The Coniston Institute & Ruskin Museum Cllr Mrs Hall spoke of the need to re-submit for the BBC/Lottery SOS initiative.

7.b. Coniston Water Association No report.

7.c. LDNPA Parish Council tours Coniston PC was not represented. DCllr Mrs Hall said parish council representation in general was poor.

7.d. LD Parish Councils Coniston PC was not represented on 17 September. Next meeting will be in Kendal on 28th

7.c. Looking forward to: i.High Furness Neighbourhood Form, Torver 12th October = speaker on water-testing charges.

ii.CALC AGM on Saturday 14 November at the Hundith Hill Hotel, near Cockermouth

iii.LD Parish Councils Thursday 26 November in County Offices, Kendal. Buffet at 6pm; meeting 6.30pm. Hosted by the County Council.

8. Financial transactions:

8.a. Receipt of grants: None.

8.b. The following orders for payment: Authorised:

E.ON for Street Lighting (Aug) £80.00

R J Airey for bus shelters and block erection £30.00

C Sargeant for clerk’s salary & expenses £300.00

LDNPA for Wayleave £1.00

SL Tree Surgeons for Playground maintenance £263.52

Playsafety Ltd for Playground Inspection £86.25

Fireworks International Ltd for fireworks £1,287.99

8.c. A statement of accounts: Approved, and signed by the Chairman.

9. Planning:

9.a. Plan.App.7/2009/5427 Coniston Lodge Hotel LA21 8HH – (resubmission) conversion In order to meet a deadline of 14 September 2009, the clerk submitted these observations: On behalf of CPC, in compliance with its Standing Orders – Delegation of Powers, I submit the following response: Planning Application: Plan.App.7/2009/5427 Location: Coniston Lodge Hotel, Station Road, Coniston LA21 8HH Observations: RESOLVED: to support the application. Thus, Coniston Parish Council’s position has not changed. It acknowledges that on 19th May 2009 it wrote: Planning Application: 7/2009/5179 Location: Coniston Lodge Hotel, Station Road, Coniston LA21 8HH Observations: RESOLVED: to support the application. [Cllr Anne Hall declared an interest and did not participate: she considered that if at a later date she was in a position (as a District Councillor on a LDNPA committee) to express an opinion it would be better done in that context.] Councillors considered that the conversion was essentially internal with no likely visual impact on the environment; they judged the conversion to be a positive compromise in terms of the owners remaining in the building and being able to manage it, and that would benefit not only the family and its business but also the community in which the family has been and continues to be so important. And subsequently on 1st June 2009 it submitted: Councillors are aware that the Coniston Lodge application contravenes Policy H20 and as such you should, in theory, refuse the application. However we strongly recommend that, in this instance, you continue to work with the applicants to find a solution to the problem, in particular bearing in mind the comments we made in our first submission, even though this may delay a decision. Coniston Parish Council is disappointed that its observations carried such little weight with the Planning Authority. It surmises that those observations were not objective and impartial in adequately address planning issues but were rather subjective and partisan (the Robinsons are great people, are from the village, have worked for the benefit of visitors all their life, have supported the Coniston Mountain Rescue Team for a long time, etc., etc.). And, it notes the particulars of the decision of the Lake District National Park Authority in pursuance of their powers under the Town and Country Planning Act, 1990, as local planning authority, in refusing permission for the development. However, CPC believes that an in depth consideration of Policies EM16, H2 and H20 will allow the Authority to support the application. Coniston Parish Council considers that to apply policies such as EM16 of the Cumbria and Lake District Joint Structure Plan 2001-2016 without compassion is to miss the spirit of the policy in order to implement its letter. It looks to other decisions made on planning applications from its parish and finds that the authority has been able to be flexible regarding its policies in the past and hopes it will be so now. Put this into the context of the decline of full-time residency in the village of Coniston with the galloping increase of second homes and holiday-lets, the loss of tourism caused by this application is insignificant. On the contrary, the success of this application would mean that at least one more local family is guaranteed a future home in the property that has never belonged to anyone else. The reference to Policy EM16 is arbitrary and tentative and seems to be a desperate attempt to fit a reason to a pre-determined antagonism to the application. There is an emphatic prejudice against local need in relation to Tourism in this policy that was never intended to impede the living of a family, so important to the community in which it lives. The reliance of the planners on this policy reflects a dogmaticism that foregrounds idealism and degrades the essence of community. Coniston Lodge is not a new tourism facility but is a home as well as a business, specially built for this dual purpose. Reference to Policy H20 in the Refusal also suggests an autocratic bias because, in this instance, the application is only partially related to tourism development, and therefore the change of use can be permitted because: 1. It will not conflict with the special qualities of the National Park or diminish opportunities for quiet enjoyment, 2. it will not introduce inappropriate activities or levels of use, or otherwise be of a nature and scale detrimental to the character and quality of the environment, and 3. It will not result in a significant loss of serviced accommodation and of touring caravan pitches to other tourist uses. There seems to be a fear of precedence evident in the refusal when, Coniston Parish Council hoped, the application should have been judged primarily on its merits. Reference to Policy H2 is more applicable to a property such as The Sun Hotel than the Coniston Lodge and for the Authority to have considered the two applications in tandem was unfair to the Lodge, that doesn’t have either the historical background or the architectural qualities of The Sun. Because Coniston Lodge is not a listed building, it cannot be claimed that the proposal will adversely affect its architectural or historic character and it has no internal or external features of special architectural or historic interest. The location of Coniston Lodge and the subtlety of the proposed internal changes cannot be deemed to impact on its setting. It is a functional building with little of special interest (the architectural and historic quality is low, the character and coherence of the building is merely satisfactory and the contribution it makes to the special interest of the area has never been stated). To consider the character and hierarchy of spaces and townscape quality; the prevailing (or former) uses within the area and their historic patronage, and the influence of these on the plan form and building types; and the relationship of the built environment to landscape or open countryside does not provide sufficient evidence to use Policy H2 to refuse this application. On the other hand, this application certainly has merits. Agreeing that Policy H2 was created at an economically healthier time than the one we are in, the application is a realistic attempt to adjust a business to suit a recession and a very practical move to sustain a home and business as the owners age. The owners are to be complimented on an imaginative proposal that would allow them to sustain a business and to retain it for their children to inherit, thus maintaining local occupancy. Coniston Lodge has been Mr and Mrs Robinson’s business and family home for the last 19 years and it is this dual function that makes this application worthy of special consideration without fear of setting a precedent. They have successfully managed the Guest Accommodation / Bed & Breakfast business to 5 Star, Gold Award Standard for all that time, and in 1993 Coniston Lodge was judged the best small hotel in the North of England by the RAC - but to maintain these standards requires very hard work and long hours for just two people. They have both lived in Coniston all their lives and have now reached retirement age: Mrs Robinson is 60 this year, and Mr Robinson 65. Continuing with the business in its present Guest Accommodation form is no longer going to be possible, as the physical commitment required on a daily basis is becoming too demanding, and the business will not support employing extra help. Mr and Mrs Robinson would therefore like to convert the present six bedroom guest accommodation area into two self contained flats for holiday theme. Mr and Mrs Robinson would, in effect, be simply changing it from one form of holiday accommodation to another, which would be easier for them to run, but still provide them with an income, and which would allow them to continue to live in their family home. From what has already been said, permanent, local occupancy is not an issue. Mr and Mrs Robinson have always been committed to the community and currently he is President of the Coniston Mountain Rescue Team, an involvement that is likely to continue as long as he lives in the village. Mr and Mrs Robinson’s son has expressed a wish to relocate back to his home village when a position becomes available within his company and Coniston Lodge would provide him and his family with a home and a source of income on a permanent basis. So, might a compromise be possible to meet everyone’s requirements? If the applicants could put occupational restrictions (such as a permanent occupation clause) on Coniston Lodge house and provide guarantees to retain the business in perpetuity, would the planning regulations be sufficiently addressed? Coniston Parish Council hopes that the Lake District National Park Authority will demonstrate that it has the ethical fortitude to declare that one property in a single community is deserving of special consideration to grant it planning permission. This submission received majority but not unanimous support and issues were debated and resolved at this evening’s meeting: 1. Objectivity, impartiality and focus on planning criteria are paramount; 2. Extraordinary meetings are to be preferred, with site visits when appropriate; and, 3. Greater attention to deadlines is essential.

9.b. Plan.App.7/2009/5488 Bungalow rear of Kirkdale House - extension RESOLVED: to visit the site on Monday 28th September at 6pm.

9.c. Hills Garage LA21 8EN Notice of Appeal

9.d. 7/2009/5225 The Sun Hotel LA21 8EQ Notice of Refusal of Consent to Application

9.e. 7/2009/5179 Coniston lodge Hotel LA21 8HH Notice of Refusal of Consent to Application

9.f. 7/2009/5152 Hills Garage LA21 8EN Notice of Refusal of Consent to Application

9.g. 7/2009/5224 Highfield, Haws Bank LA21 8AR Notice of Grant of Planning Permission

10. Correspondence: RESOLVED: to note that since the last meeting the clerk had received and informed councillors of the following items. (Items marked ** were taken as read.)

1 CALC A Paper for District Association Meeting 3 Sept

2 CALC Circular September 2009

3 CALC Getting Up To Speed – Freedom of Information

4 CALC Training and Advice Sessions for Chairmen

5 CALC Training and advice sessions this autumn

6 Clerks & Councils Direst Magazine Sept 2009

7 Coniston & Crake Partnership Inaugral Conference 11 Sept

8 Cumbria CC Cumbria Minerals & Waste Development Framework consultation

9 Cumbria County PFA Annual Report 2008-09

10 Cumbria CVS Your News Sep/Oct 2009

11 Glasdon Latest Products for Local Councils

12 Glasdon Seating Collection

13 Graham Parker, Grizedale Stages Rally 5 Dec

14 James Sherrin, LDNPA Amendment of Definitive Statement Tarn Hows Cottage

15 Lawrence Conway, SLDC Rectification notice – grass cutting in Coniston

16 LCR Magazine Autumn 2009

17 Local Development Framework Core-Strategy for pre-submission consultation

18 NWDA Annual Conference and AGM 15 Oct

19 Paul Buttle, Environment Agency National Flood Risk Assessment update

20 Proludic Clamber Boulders

21 Rebecca Cathey, LDNPA Fix the Fells Alignment Project

22 RoSPA Play Area Safety Inspection Report 5 Aug 09

23 Rural Services Community Weekly Rural Focus 10 Sept

24 Rural Services Community Weekly Rural Focus 3 Sept

25 Rural Services Network Action for Market Towns plan joint conference

26 Rural Services Network Help shape your own rural manifesto

27 Rural Services Network Hinterland – rural intelligence behind the headlines

28 Rural Services Network Places available at market towns conference

29 Rural Services Network Public service delivery in rural England

30 Rural Services Network State of Rural Services in England

31 Rural Services Network The ‘Village Hub’ – community access and information points

32 SLCC Blachere Illumination

33 SLCC CPD & Regional Conference Programme 2009

34 SLCC Notice of Annual General Meeting 24 Oct

35 SLDC Agenda for Meeting 22 Sept

36 SLDC LDF Core-Strategy Proposed Submission Documents

37 SLDC Publicity for the Annual Electoral Registration Canvass

38 South Lakeland Crime and Disorder Reduction Partnership Future Priorities consultation

39 South Lakeland Strategic Partnership Initial Meeting of High Furness Local Area Partnership

40 Steve Shaw, Local Works More Powers for Parish and Town Councils

41 Steve Tatlock, LDNPA Great North Swim Traffic Management Plan

42 The Clerk Journal Sept 2009

43 Timberline Brochure & Price List

44 Vickers Barrow Motor Club Road Rally night of 17/18 Oct

11. Reports:

11.a. Police Report: Increase in thefts from commercial properties and off-road motorcycle use. Programme of visit to schools to highlight dangers of computer mis-use. Police to hold consultation session in the Library on 17th October from 10am to 6pm.

11.b. Highways Report: Cllr Mrs Kelly said how well the Highway Steward had tackled the list of jobs given him. Clerk to convey CPC thanks.

11.c. Cllr Stoddart: Drew attention to poor state of bench in Little Moss. Cllr Tarr to contact Ushers.

11.d. Cllr Mrs Hall: Said: i. had received letter from Mrs Lennon about dog bins; ii.there was a possibility of money for Playground from Playbuilders; iii.called for a review of signage in village; iv.youth club provision in village was ending and alternative arrangements should be considered; v.white-lining at beginning of Old Furness Road was in need of re-painting; vi.TIC had new manager: Tracey Ingham; vii.TIC representatives to go to Blackpool for awards ceremony; and, viii.raised the need for a new Coniston and Torver directory.

11.e. Cllr Ms R Hext: Reminded the Meeting that the Rawdon-Smith Trust meets quarterly in February, May, August and November; and, its next meeting will be held on 8th November. Cllr Ms Hext is the secretary of the R-S T and correspondence can be sent to her.

11.f. Cllr Coxon: Said he had been approached by a resident about the ‘illogical’ nature of the lining in Lake Road. Cllr Mrs Kelly to investigate the relevant Traffic Regulation Order

11.g. Co Cllr Mrs Salisbury: i.Concern about footpath opposite Waterhead Hotel is being addressed with analysis of repair costs. ii.Cumbria CC grant to Playground refurbishment is to be considered in October.

12. Public questions and comments: Mr Bateman drew attention to a discarded “Slippery Surface” sign from the conveniences.

13. Date of next Meeting: RESOLVED: that the next meeting will be on Monday 19th October 2009 at 7.00pm in the Library – Guest Speaker: Lynne McKenzie, Eden Housing.

Meeting closed at 9.50pm.

Minutes of the Extra-ordinary Meeting of Coniston Parish Council held in the Library on Monday 28th September 2009 following a site visit to Rear of Kirkdale House at 6.00pm.
PRESENT: Councillors David Coxon (Chairman), Ms Rosie Hext, Peter Hill, Mrs Elaine Kelly and Lee Tarr; and, the clerk, C Sargeant.

1. Public welcoming and receipt of matters for debate: Not applicable.

2. Apologies: Cllrs Mrs A Hall and J Stoddart (both –other commitments).

3. Declarations of Interest: of members’ personal and prejudicial interests in respect of items on the Agenda: Cllr Coxon (matters relating to LDNPA). All councillors as Trustees of the Coniston Institute and Ruskin Museum.

4. Minutes of the Meeting 21st September 2009 to be considered at 19th October Meeting.

5. Matters arising from that Meeting with reports of action taken: deferred to 19th Oct.

6. Matters arising since that Meeting: deferred to 19th Oct.

7. Reports and minutes of outside bodies: None.

8. Financial transactions:

8.a. Submission of bank details to SLDC to receive future payments by BACS. Authorised.

8.b. The following orders for payment: Authorised:

To Royal British Legion for Poppy Wreath £25.00

To SLDC for public conveniences (2 quarters) £1,450.00

8.c. A statement of accounts: None.

9. Planning:

9.a. Plan.App.7/2009/5488 Bungalow ‘B’, Rear of Kirkdale House LA21 8EA – ground floor, first floor and roof extension. RESOLVED: recommend refusal. Councillors felt that this was an application too far: that the proposed extensions filled the space too fully, having a detrimental impact on the surrounding properties by removing light from them. Having received planning permission in February 2004 for the erection of two dormer bungalows under Application 7/2003/5317, councillors considered the completion of the building is taking too long and did not look favourably on either an expanding development or on the lack of significant need.

10. Correspondence: RESOLVED: to note that since the last meeting the clerk had received and informed councillors of the following items. (Items marked ** were taken as read.)

1 Bill Gibson Letter re Planning Application

2 Blawith & Subberthwaite PC Private Water Supplies

3 CALC Parish Councils and Compliance

4 CALC Revised Salary Scales

5 CALC District Association Minutes 3 Sept

6 CALC CiLCA's courses

7 CIEP / SLDC Conference Keswick 19 Nov

8 Colt Project Services Ltd Risk Assessment System

9 Colton PC Letter re UCRs to LDNPA

10 Colton PC Joint training course

11 Cumbria CC HFNF Torver 12 Oct

12 LDNPA Retail Study

13 Nev Collighan Letter re Planning Application

14 Rural Services Network Market Towns Convention 13/14 Oct

15 SLCC Membership benefits

16 SLDC Local Democracy Week

17 SLDC Introduction of BACS payments

18 SLDC LSP Priority Action Plans

19 Wicksteed Publicity

11. Reports:

11.a. Cllr Mrs Kelly i.Unable to attend Hawkshead Grammar School Governors meeting on 6th Oct, 10.30am, in the School House: the clerk to go. ii.Police to hold public consultation in the Library, 17th October, 10am-6pm.

12. Public questions and comments: None.

13. Date of next Meeting: To confirm that the next meeting of Coniston Parish Council will be on Monday 19th October 2009 at 7pm in The Library when the Guest Speaker will be Lynne McKenzie, Eden Housing.

Meeting closed at 6.45pm.

Signed: David Coxon, Chairman Date: 19th October 2009