Parish Council Minutes, November 2004

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GREAT YELDHAM PARISH COUNCIL

MINUTES OF THE GREAT YELDHAM PARISH COUNCIL MEETING HELD ON THURSDAY 4TH NOVEMBER 2004


Present were:- Mr Cumaranatunge, (Chairman), Miss S, Smith. Vice Chairman, Mrs P. Slimming, Mrs B. McNeill, Mr T. Ellis, Mr D. Gray, Mr. R. Francis, Mr M. Wood.

Apologies for Absence:- Mr B. Sargeant. County Councillor Mr D. Finch.

In attendance:- District Councillor, Mr N, McCrea, Mr R. Liming. Clerk to the Parish Council. Dr Littler. Members of the Public.

Because of the number of people attending the meeting with direct interests in the proposed Doctors Surgery, {approximately thirty five) and the anticipated number of questions expected relating to the development, the Chairman informed the meeting that the Clerk would firstly give proof of the date and time of every meeting, together with the agenda and minute number of any Surgery discussions or decisions that had taken place.

Proof that members of the public were given the required three clear working days, plus week ends, notice of all the Parish Council meetings and that members of the public had been informed that they could attend all meetings and ask questions were also given. Records of the minutes and agenda, (as displayed on the Village Notice Board,) for each meeting were available for inspection.

The Clerk then referred to the section 106 agreement of the Town and Country Planning Act 1990 relating to land in High Street Great Yeldham Essex, which contains, on page 58, a site map, (provided by Bloor Homes) giving the location of the intended Village Hall.

The developer, Bloor Homes and their Agents, should have informed every purchaser of a new property, of the intention, together with the legal right, for positioning the intended Village Hall on the advertised location. It had been stated by some members of the public that they had not been informed of this intention. Their redress must be with their solicitor and not the Parish Council. The Clerk also made the point that the proposed Doctors surgery would be far less anti social in so far as noise and late hours were concerned. and would be just as great, if not more, of a community asset than the intended Village Hall, which in all probability would have made provision for the attachment of a Doctors Surgery anyway. The original intention of the Parish Council was to have a multi purpose sports floor, together with other community amenities in the new Hall, probably creating a larger floor area than the proposed Doctors Surgery.

The Chairman then opened the meeting for questions from members of the public.


Page Two of the minutes of the November 2004 Parish Council meeting.


Opinions, both for and against the development were then expressed. Residents expressed concern that the development might force children at play to venture nearer the road. The Chairman replied that much the same area would have been taken up by the alternative Village Hall and that a very safe footpath to the largest Recreation Ground in the immediate area was available to the residents.

The continuing use of the Play Area on Bowtell Meadow when the Parish Council relinquished the lease in April 2005 was questioned. Assurances were given that the Play Area would not be affected.

Questions were asked about the function of the intended Surgery.

Will existing Surgeries in other villages close and the patients be directed to Great Yeldham? In answer, Dr Littler, on behalf of the Doctors replied no. The existing practices did not wish, nor would they be allowed to close the Surgeries. Should however the existing Surgery at Great Yeldham close, because of the unsuitability of the structure and location of the building, the Hedingham Surgeries would not be able to cope with the extra patients from the Great Yeldham area.

The question of car parking at the surgery and of all the parking spaces being occupied by the staff was asked. In reply it was pointed out that it was highly unlikely that all staff would attend the Surgery at the same time and that parking congestion was not anticipated (Note. Question 13, Car Parking, of the Planning Applications answers , 16 new Car Spaces and 2 Disability Spaces.) The possibility of an alternative site was queried by a member of the public. In reply it was explained that there was no other site. In 2001 Dr Davis had applied to Braintree District Council to erect a surgery on Bowtells Meadow, This had been refused. The Parish Council has, without success, looked for alternative sites.

The legal right of the Parish Council to place a surgery on the Green was challenged by a member of the public.
The Chairman replied that no one has a right to place any type of building anywhere without planning permission. That is why a planning Application has been made Section 6;3 of the 106 agreement states that:- The Trustees hereby covenant and will in the transfer referred to in clause 3:11:1 covenant to use the Green Land as the site of a Village Hall and Car Park together with amenity land commensurate with such uses. The proposed development is of the same use class as a village hall.

Clause 9 of the s106 agreement states:- Nothing in this agreement shall fetter or restrict the objective consideration of the Application or any other application for planning permission by the District Council on its merits.

The interpretation of the word 'ancillary' when used with the description of the Village Hall, was requested by a member of the public. Reference was made to the Concise Oxford Dictionary, (Ninth Edition):- Providing essential support to a central service or industry.


Page Three of the November 2004 Parish Council Meeting.


The question of disposal of clinical waste was queried and the reply given was that it was a Doctors Surgery that had been applied for in the Planning Application and not a Hospital and the anticipated amount of clinical waste, (if any) would be very small.

Fears were expressed about flooding to the main road being aggravated by the location of the proposed building. In reply it was pointed out that the only previous flooding in over 50 years had been caused by the river rising. Many sections of the river between Yeldham and Halstead had been dredged together with other precautions being taken to operate the lock gates in a more effective way. Surface water from the green is piped under the main road and by means of a Way Leave, granted by the Village Hall. The underground pipe runs alongside the Hall into the river.

Members of the public who supported the proposed Doctors Surgery together with the intended location, asked the question, Could the objectors to the location of the Doctors Surgery suggest an alternative viable site? No one could suggest such a site.

The Chairman then closed the Public Question time and reminded members of the public that they could remain for the completion of the Parish Council Agenda.


Page Four of the November 2004 Parish Council Meeting.
873. Apologies for Absence, Apologies received from District Councillor Mr D. Finch and Mr B. Sargeant.

874. The minutes of the meeting held on October 7th 2004 were confirmed by members as a true record.

875. No declarations of interest in any agenda item were declared by members.

876. Planning Applications.
Application 04/02048/FUL, Erection of two storey rear extension. No 6 Little Hyde Close. Gt. Yeldham. Members requested that the Planning Committee to Consider the visual effect of turning a two storey house into what will Effectively be a three storey building,

Application No 04/01984/FUL. Second Storey Extension. Toppesfield Road Great Yeldham. No objections from members.

Application No. 04/02028/Ful. Proposed Doctors Surgery, Whitlock Drive. Great Yeldham. Members felt that where appropriate, landscaping around the perimeter of the building should be applied. That any Legal points that had been raised at the Public Question section of the agenda, should be identified by the clerk and reported to members. That the application having already been endorsed by the Parish Council, should now be allowed to be considered by Brainree District Council Planning Services, on its merits.

877. Correspondence addressed to the Parish Council.
Five letters from members of the public connected to the proposed Doctors Surgery at Whitlocks Drive had been circulated to members before the meeting members felt that most of the points raised in the letters had been covered at Public Question time. Members requested that the letters should be filed for future reference.

878. Proposed Saturday Evening Bus Service to Braintree Free Port The Chairman requested members to make a grant of £1000.00 per 18 Months, together with Sible Hedingham and Gosfield Parish Councils, in order to support a project twinned with the Countryside Agency, to run a Bus Service on Saturday evenings to the Braintree Free Port. The service would also link up with the London Train service. It was resolved by members that the sum of £1000.00 should be allocated to this project.

879. 22005/2006 Precept. A copy of the 2004/2005 Precept together with a, (for consideration only,) copy of the 2005/2006 Precept was circulated to all members. Because of the lateness of the evening it was proposed that this item be moved to the agenda of the December Meeting.

880. Accounts for Payment were approved by members for payment.

The Chairman closed the meeting at 22.20hrs.


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