Mevagissey Parish Council Minutes – February 2014


Minutes of the Parish Council Meeting held at the Mevagissey Activity Centre
On Thursday 20th February 2014 at 7pm.

Present Cllrs. M Roberts (Chair), E Chesterfield, J Arthur, J Daniel, J Whatty, J Feeley, S Hrydziuszka,
G Shephard, C Robins, A Williams, M Bunney (CC).
Apologies Cllrs. M Facey, J Morgan, J Barron.
In Attendance PJ Howson (Clerk), 28 Members of the Public.


NOTE: Cllr. Lister Paige has stood down from the Council. There is now a vacancy. Please contact the Clerk if interested.

1a. Declarations of interest. Cllr. Bunney declared an interest in Agenda Item 18 (School Hill development)..
1b. Gift Declarations. None.

2. Police Report. A written report was received for the period 13 January – 17 February detailing 9 crimes as follows:
criminal damage to property 2, criminal damage to vehicle 1, theft of pedal cycle 1, burglary domestic 2, non-crime domestic 1, Communications Act 2003 1, Debit Card Fraud 1. Two boats have been damaged in the harbour, but the cctv images are not clear enough to provide a positive identification, although other leads are being followed up. PCSO Hemming would like to remind all drivers to be vigilant when driving in these poor weather conditions with trees and branches down and standing water on the roads.

3. Points from the Public.
a) Mr Jim McDonald of Polkirt Hill was concerned about an apparent growth in applications for alcohol and entertainment licences in what is a largely residential area. Following the “Pebbles” application, there is now an application from the Mevagissey Bay Hotel (see Minute 6a) to lift conditions on their existing licence to the extent that they would be free to operate like a public house. He urged the Council to oppose this.
b) Mr Christopher Montagu of Pound & Co., Chartered Surveyors and Planning Consultants, spoke on the Steep House Planning Applications (see Minutes 7c & d). A Heritage Impact Assessment has concluded that the tone of the area is set by a number of listed buildings, whereas Steep House is of no historical or architectural value and contributes nothing to the area. The extension to the “barn” (or “cottage”) will be lower in height to the existing structure. The plans now under consideration follow an extensive pre-application period, and the Planning Officer is generally in favour now.
c) Dr. Peter Henley and Mrs Pat Lee spoke against the proposals for Steep House. Dr. Henley lives below the Steep House site on the western boundary, and owns a holiday property by the southern boundary. He has concerns over drainage from the site, and also over landslip / rockfalls; and that a second dwelling on the site will exacerbate these problems. Mrs Lee of The Anchorage said that the “Paddock” should not be built on, so the “barn”, which is in the Paddock, should not be extended, and the replacement for Steep House should not encroach on the Paddock, because once that is allowed to happen there will be no end to it.
d) Mr Peter Bowker of Wave House, Mr Chris Mitchell (“Dogs Love Portmellon” website), Mr Thompson of Pip House and Ms. Rosie Ashton all spoke against introducing a Dog Control Order on Portmellon beach (see Minute 9). Mr Bowker criticised the Council’s handling of the issue at the December meeting and asked for the Minutes of that meeting to be amended; Mr Mitchell objected to any suggestion that his website had led to an increase in the numbers of dogs on the beach, it being solely for the purpose of gathering support; Mr Thompson said that it was a “community beach” and not a “swimming beach”, and that the Council’s decision should reflect the results of the consultation; and Ms. Ashton said she had never seen anybody leaving “dog poo” on the beach, and there should be room for everybody.
e) Messrs Gary Mitchell and David Palk, both of Portmellon, spoke in favour of a Dog Control Order. Mr Mitchell referred to the petition with over 222 signatures of local people in support, and said that the proposed period was only 3 months – half the duration of similar Orders elsewhere; Mr Palk said that during the summer the beach should be for families and children, and, listing all the other beaches along the South Cornwall coast with Dog Control Orders, asked why Portmellon should be different.
f) Mrs Helen Mastrandrea and Mr Jon Gann spoke against the Application to allow permanent residential occupation of the Treloen Holiday Apartments (see Minute 7a). Mrs Mastrandrea, who lives next door, said this would entirely change the designation of the site, and urged the Council to oppose it; Mr Gann and his partner are tenants of the Applicant and run the Holiday Apartments as their business. He said that their books demonstrate the viability of the business, so there is no economic justification for a change of use.
g) Mrs Pat Seamark, the Applicant for Treloen, said she had run the business for many years and knew it better than anybody. Old customers were not big spenders in the village and they needed to go for a new, younger market. The people who would buy the apartments as holiday homes would be big spenders in the village. Mrs Seamark’s Planning Consultant then spoke briefly to say that the Financial Viability Statement was commercially sensitive and therefore not available for inspection, but that there would be financial contributions to the community once negotiations had completed.

4. Minutes. Proposed by Cllr. Arthur, Seconded by Cllr. Chesterfield that the Minutes be Accepted. Carried.

5. Actions from previous meeting:
• Polstreath footpath railings: the Countryside Team have this on a work instruction for this year together with repairs to the steps. Cllr. Bunney awaiting more details.
• New signboard at the top of Polstreath steps: Polstreath Beach is a designated bathing water beach and the revised Bathing Water Directive requires certain information to be displayed. C.C. will control the display and have erected the signboard in readiness. It will have 2 clip frames. April will see a poster in one of the clip frames showing the bathing water profile ready for the start of the bathing water season on 1st May. The other clip-frame will house other beach associated public health information for the site, as and when required, and will display a poster indicating the bathing water quality of the site from 2015.
• Following damage to the Christmas decorations on the Kings Arms by a recycling lorry, Cory have now sent a cheque for £50 to the Christmas Lights fund.
• Cllr. Whattey has identified a wireless solution to enable the projector to be used with a PC for presentations. Proposed by Cllr. Arthur, Seconded by Cllr. Hrydziuszka that this spend be authorised. Carried.
• Cllr Bunney said that he was meeting Mark Howarth of Western Greyhound in the village tomorrow to look at bus routeing possibilities

6. Items too late for the Agenda:
6a. “Minor Variation” to Premises Licence for the Mevagissey Bay Hotel.
Proposed by Cllr. Daniel, Seconded by Cllr. Chesterfield that the Council objects to this application because the existing licence allows for alcohol to be served to their guests and any extension to this would be unacceptable in a residential area. Carried.
6b. Decision on Code of Conduct re. gifts to Council members.
Proposed by Cllr. Chesterfield, seconded by Cllr. Arthur that Paragraph 2.6 should read “You must record in a register of interests maintained by the Proper Officer any gifts or hospitality that you are offered or receive in connection with your official duties as a member and the source of the gift or hospitality that could be seen by the public as likely to influence your judgment in these matters”. Carried.
6c. Urgent Consultation on the Local Audit and Accountability Act – Access to Meetings.
Clerk was actioned to respond that the Council is generally in favour of the provisions.

7. Planning

7a. PA14/00040 : Removal of Condition 2 on Decision Notice 07/01571 to allow permanent residential occupation of the 10 Holiday Units. Treloen Holiday Apartments Polkirt Hill Mevagissey St Austell Cornwall PL26 6UX
Proposed by Cllr. Shephard, seconded by Cllr. Hrydziuszka that the Council objects to the Removal of Condition 2 on the basis that financial viability has not been demonstrated and is not, in any case, a planning issue, and that a change of use on this scale should require a fresh Planning Application. Carried.

7b. PA14/00437 : New Dwelling and garage (variation to the existing approved new dwelling and garage ref:PA12/04131). 31 Portmellon Park Mevagissey Mevagissey PL26 6XD
Proposed by Cllr. Chesterfield, Seconded by Cllr. Hrydziuszka that the Council supports the Application on condition that the property be set back by 9 feet as requested by neighbour Mrs Tatara-Mills in her submission to the Planning Department. Carried.

7c. PA14/00692 : Demolition of the existing house and the erection of two dwellings. Land At Steep House Portmellon Road Mevagissey St Austell Cornwall PL26 2PN
Proposed by Cllr. Shephard, Seconded by Cllr. Robins that the Council responds as follows: “The proposed buildings bear no relation to the vernacular and are a mixture of styles. The lower dwelling is too dominant and should be reduced in height. The higher dwelling would also appear to encroach on the Paddock. The Council therefore objects to the application in its present form on grounds of style, size and position”. Carried.
The Clerk was also actioned to indicate that, in the event of an Application for two dwellings being approved, access to both should be via the new entrance.

7d. PA14/00679 : The proposed conversion of and extension to the Old Portmellon Cottage to form a dwelling.
Land North West Of Steep House Portmellon Road Mevagissey Cornwall
Proposed by Cllr. Whatty, Seconded by Cllr.Shephard that the Council would support this Application if the building was reoriented so that the view from the road was primarily of the original structure rather than the extension, and if no part of the extension encroaches on the Paddock. Carried.

7e. PA13/10980 : Erection of a single storey, timber frame, rear extension, which will add a dining room on to the existing kitchen. 17 Pentillie Mevagissey St Austell Cornwall PL26 6QX
Proposed by Cllr. Arthur, Seconded by Cllr. Robins, that the Council supports the Application. Carried.

7f. PA14/00367/PREAPP : Pre application advice for demolition of exisitng structure and erection of replacement dwelling with parking space below – 59 Polkirt Hill Mevagissey St Austell Cornwall PL26 6UR
Proposed by Cllr. Shephard, seconded by Cllr. Chesterfield that what is being proposed is not as good as what is currently there, and any rebuild should be identical to the existing building; and that any garage beneath should be set back sufficiently to allow a vehicle length between the garage door and the road edge. Carried.

7g. PA13/10990 : Variation of Condition 3 (holiday occupancy) to remove holiday occupation from the 2 storey building referred to on the approved plans reference 1148-02 Rev B. Application no. PA12/3346.
Bosprennis, Bodrugan Hill, Portmellon, Mevagissey PL26 6PS APPROVED with Conditions.

7h. PA13/11036 : Proposed demolition of exisiting property and construction of a new dwelling.
Lennox Cliff Street Mevagissey St. Austell PL26 6QW APPROVED with Conditions.

7i. PA13/10126 : Replacement of domestic garages with a 4 bedroom house. Land at Polkirt Hill, Mevagissey
APPROVED with Conditions.
8. Finances

Bills to Pay Clerk’s salary




  Income Tax & NIC













Accounts Amount available to spend as of last meeting




  Expenditure at last meeting




  Paid legal fees for advice on JR costs




  Balance (money in bank)




  Unpresented cheques (road salt)




  Available to spend




  Bank Statements:





Current Account






Deposit Account











Proposed by Cllr. Arthur, Seconded by Cllr. Hrydziuszka that the accounts be accepted and the bills paid.

Proposed by Cllr. Chesterfield, Seconded by Cllr. Arthur that private contributors to the JR legal fund be refunded in full. Carried.

9. Resolution to make a Dog Control Order to exclude dogs from Portmellon beach from 1st July to 30th September each year (following irregular vote on December Minute no. 9, and deferred from last meeting).

The Chairman confirmed that the second vote at the December meeting was invalid, and that the first vote stood.
However, if the Council felt that a member misunderstanding what they were voting on was sufficient cause, they could rescind the resolution and re-present it for a fresh vote. For this to be done without waiting six months from the date of the earlier resolution, it would be necessary to suspend Standing Orders for this Agenda item.

Cllr. Whatty questioned how an apparently simple resolution could have caused such confusion, and said that the Council’s credibility had been brought into question by the way this had been handled. Cllr. Roberts acknowledged that an error had been made in allowing the second vote, but that similar situations had arisen in the past without causing any objections. He reminded Council that the first vote on this issue in June 2013 had been a clear mandate for a DCO. Cllr. Chesterfield said that the DCO would only be for 3 months a year, leaving 9 months for the objectors to exercise their dogs there, and they shouldn’t be so greedy in insisting on 12 months use.

Clerk was requested by Cllr. Chesterfield to record the numbers of votes either way.
Proposed by Cllr. Chesterfield, Seconded by Cllr. Arthur that Standing Orders be suspended for this Agenda item.
For: 6 Against: 3 Abstaining: 1 Carried.
Proposed by Cllr.Chesterfield, Seconded by Cllr. Arthur that the resolution carried as shown in Minute no. 9 from 19th December 2013 be rescinded. For: 5 Against: 2 Abstaining: 3 Carried.

Clerk was requested by Cllr. Feeley to record how all members voted in the next resolution.
Proposed by Cllr. Chesterfield, Seconded by Cllr. Arthur that a Dog Control Order be made to exclude dogs from Portmellon beach from 1st July to 30th September each year.
For: Cllrs. Shephard, Daniel, Arthur, Chesterfield, Roberts (5).
Against: Cllrs. Whatty, Feeley, Hrydziuszka (3).
Abstaining: Cllrs. Robins, Williams (2). Carried.

10. Flooding issues – Cllr. Bunney, as County Councillor, formally thanked the flood wardens for their sterling work during the recent weather conditions, and thanked Cllr. Roberts for his work in this area over the years. Also, Cllr. Roberts has been asked by the police to pass on their thanks to the flood wardens. The Environment Agency are now looking into the feasibility of constructing a series of small holding dams up the valley. Cllr. Bunney is working to ensure that local businesses and householders benefit from any compensation money promised by Government.
Cllr. Roberts said that there had been too many incidents of 4X4 vehicles travelling too fast through flood waters and swamping sandbag defences, and asked that drivers show more thought and consideration.

At 21:55, Proposed by Cllr. Chesterfield, Seconded by Cllr. Arthur that Standing Order 1(z) be suspended to allow the meeting to continue beyond 3 hours. Carried.

11. Fish loading meeting – Cllr. Bunney has arranged a meeting of all stakeholders with Bert Biscoe and Jeremy Rowe (C.C. Cabinet Members) to consider options for moving the fish loading area closer to the quay to save time and effort in loading. Any change to traffic orders required will need to be supported by the Council.

12. Public toilets update – the refurbishments are proceeding to plan, with one toilet remaining open at all times.

13. Involvement with the Rural Sounding Board, proposed by the Rural Services Network.
Cllr. Morgan has offered to act as our Sounding Board Representative, and also to participate on the Fuel Poverty Opinion Panel. Cllr. Whatty is considering whether to participate on the Rural Broadband Opinion Panel.

14. Consideration of the Parish Council joining the CPRE – defer to next meeting.

15. Planning Sub-Committee – formation, appointments, procedures, training – defer to next meeting.

16. Consultation invitations from Cornwall Council:

a) Affordable Housing Supplementary Planning Document (responses by 14 March) – no agreed response.

b) Proposals to replace the existing mobile library and mobile one stop services with a range of community based initiatives (responses by 25 April) – Clerk to write to Adam Paynter (CC) objecting to any withdrawal of the mobile library. Await reply before considering further action.

c) Proposed changes to home to school transport (responses by 28 February) – Council has no objections.

17. Council approval for purchase of NALC publication Local Councils Explained.
Proposed by Cllr. Daniel, Seconded by Cllr. Arthur that spend is authorised. Carried.

18. School Hill development – update. No confirmed decision date for the new Application(s).

19. Vicarage Hill Affordable Housing – Cllr. Roberts said that enforcement action had been brought against the developers because the building line was out by 300mm. This was deemed within tolerance and no action taken. Cllr. Whatty said that work had not been held up, and also pointed out that the plans show the nearest house being 3m from the boundary fence, situated just beyond a hedge belonging to Mevagissey House; but it now seems that the 3m was measured to the centre of the hedge, rather than to the fence, so the nearest house will be 2m nearer than first thought. Finally, Cllr. Chesterfield said that the site foreman had agreed to fix the gate to the rear of the school.

20. Cllr. Hrydziuszka reported that the public access to the viewpoint to the rear of Nare Court was closed for 6 weeks while scaffolding was in place for maintenance.

21. The meeting concluded at 22:25. Date of next meeting : 20th March 2014

Signed………………………………..Chairman Dated…………………………..

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