Mar

 CYNGOR CYMUNE LLAN LLYR/LLANYRE COMMUNITY COUNCIL

A meeting of Cyngor Cymuned Llan Llyr/Llanyre Community Council was held at Newbridge-on-Wye Community Centre on Tuesday, 24th March, 2015.

Present:- Councillor S. Powell (Chairman);

Councillors Mrs. P. Abbott, M. Davies, Mrs. T. Field, S. Grimwood,
G. Rees and M. Watkins.

In attendance:- County Councillor W. J. Evans

123/14 APOLOGIES FOR ABSENCE

Apologies for absence were received from Mr. L. Smith and Mr. S. Meredith.

124/14 DECLARATIONS OF INTEREST

Mr. S. Powell declared an interest in item 127/14 (Highcroft) and left the meeting whilst the item was discussed.

125/14 MINUTES

The Chairman was authorised to sign as a correct record the Minutes of the meeting held on 24th February, 2015, subject to the following amendment:-

115/14(g) – Matters Arising – Proposed New Creche Facility (Ref. Min. 100/14(h) – delete 2014/2015, insert 2015/2016.

126/14 MATTERS ARISING

(a) New A470/Traffic Calming Measures/By-pass (Ref. Min. 115/14(a))

It was reported that the 20mph speed restriction on Cae Nant was outside the scheme for a 20mph zone adjacent to the school.

(b) Public Toilets, Llanyre (Ref. Min. 115/14(b))

Mrs. Abbott report that Mr. G. Rees had been to measure the down pipe which was in need of repair and he was prepared to undertake the work, subject to Members’ approval. Members approved the work and thanked Mr. Rees for his offer.

(c) Public Toilets, Newbridge-on-Wye (Ref. Min. 115/14(c))

Electricity 94214. Nothing further to report.

(d) Recycling Sites (Ref. Min. 115/14(d))

(i) Llanyre – nothing to report
(ii) Newbridge-on-Wye – nothing to report

A general observation was made that the amount of income received for the community sites had dropped considerably since the introduction of kerbside recycling.
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(e) Mid Wales House – Parking (Ref. Min. 115/14(e))

A response from Mr. A. Knox was awaited, so nothing further to report.

(f) Proposed Llanyre Church/Community Hall (Ref. Min. 115/14(f))

Mr. R. Cawthorne had kindly contacted the Charity Commission on the Council’s behalf and the following response was received:-

“I have considered your comments regarding the charity’s governing document and whilst the wording of the objects was altered by the 2002 scheme, the purpose of the charity, to provide a place for recreation for the people of Llanyre and the surrounding area, remained the same. The wording was simply modernised to reflect an exclusively charitable purpose. Our records are only retained for a limited time and we have no record as to who applied to register the charity in 1964 or who initiated the scheme in 2002.

I appreciate that the trustee wants to enter into the proposed arrangement with the church in the interests of the beneficiaries. Whilst the legal “niceties” may be frustrating if not followed properly then the risk is that the project could be jeopardised and the trustee found to be in breach of trust.

There are potentially 3 options to move forward:

Option 1 – The Trustee has the power to lease a small part of the land identified in schedule 2 of the scheme and there is no restriction on what purpose it has to be let for. The trustee would need to comply with the requirements of the Charities Act 2011 which would involve getting a surveyors report and securing the best terms available for the lease. If this isn’t possible then we could consider making an order to allow the lease to go ahead but we would need to be satisfied that it was in the best interests of the charity (as opposed to be in the interests of the church).

This option would only be available if the land being leased is the land identified in schedule 2 of the scheme.

Option 2 – If the trustees are satisfied that the land to be leased is only a small part of the charity’s land to the extent that its “loss” will not impact on the charity’s ability to further its objects, the trustee could rely on the statutory power of disposal as I outlined in my email of 7 July, 2014. By my calculations the proposal to lease 3,000 square metres represents just under a quarter of the charity’s land (a hectare being approximately 10,000 square metres). On that basis we would find it difficult to consider that this was so small a part of the charity’s land as to have no impact on the charitable objects but the trustee could take further advice on this matter.

As with option 1, the trustee could not comply with the requirements of the Charities Act 2011 you would need to seek an order from us.

Option 3 – Whilst the provision of a village hall would potentially fall within the charity’s objects, the proposal is to lease the land to the church and the purposes of the church fall outside the charity’s current objects. The charity has no power to lease the land other than the small part identified in option 1 above. Any changes to the objects outlined in the 2002 scheme, to allow the land to be leased to the church, would require another scheme.
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We would be prepared to consider making a scheme but you would need to satisfy us that it is necessary (i.e. that the charity will struggle to continue to operate effectively or achieve its objects without the proposed arrangement going ahead) and that it is in the interests of the charity (and not the church).

If the trustees decide to proceed with any of the options outlined I would advise you to seek appropriate professional advice. Any approach for our consent, whether a scheme or order, would need to set out the detail of the proposals (including a draft lease) as well as explaining why the trustees believe it to be in the best interests of the charity.”

Mr. M. Watkins reported that he had been approached by the Internal Auditor who had outlined that, if the trustees proceeded to let the area of land for grazing, they would be breaking the law. Mr. Watkins had undertaken some research in to the background and found various documents relating to the area and it was unclear which document was binding. It was noted that the letting of the land was on the agenda for the next meeting of the trustees and this matter would be discussed at that time..

Members felt that they were unable to proceed until further information was received. It was agreed that Mr. M. Watkins be requested to discuss the matter further with Mr. R. Cawthorne and report back to the next meeting.

(g) Proposed New Creche Facility (Ref. Min. 115/14(g)

A letter of thanks for the £1000 donation was received. It was noted that the funding had enabled the Committee to undertake a topographical survey of the toilets and surrounding area. This survey had enabled the architect to draft plans and start work on the relevant planning areas for the funding application to the Welsh Assembly.

It was reported that, as a result of the donation from the Community Council, the Committee had also received a £7000 grant from the County Council which would finance the work of the Quantity Surveyor, architects fees to the application stage, an energy survey and planning costs.

It was also noted that questionnaires had been delivered to all houses in Newbridge-on-Wye which informed the residents of the Committee’s intentions and asked for comments and views on the project.

127/14 PLANNING APPLICATIONS

Mr. S. Powell left the meeting whilst this item was discussed.

P/2015/0210 – Highcroft, Llanyre – demolition of existing single storey garage and erection of single storey extension, erection of conservatory and erection of detached garage/stores within curtilage.

It was noted that Mr. G. Rees and Mr. M. Davies had attended the site meeting on 21st March. Mr. S. Grimwood took no part in discussions as he had been unable to attend the site meeting and was not familiar with the site.

Members discussed the application in detail and concerns were expressed at the size of the garage/stores which also had an upstairs. It was proposed by Mr. M. Davies and seconded by Mrs. T. Field that the application be approved but the Members’ concerns regarding the garage be forwarded to the planning department.

Mr. S. Powell returned to the meeting.
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P/2015/0116 – Bailey Bevan, Llanyre – erection of farm building for storage (retrospective). Members were unable to make a decision on this matter and requested further information as to what was being stored in the building.

P/2015/0215 – increase the size of 3 field access gates from 12ft to 15ft (retrospective). The Clerk reported that only one of the gates was in the Llanyre Community Council area and two in the Llandrindod Town Council area. The Planning Officer had been informed accordingly. Members felt that they were unable to comment further on this application as the gates were in situ, and had been for some months. However, the Members concerns had been expressed at the time the larger entrance had been created due to its siting on the brow of a hill.

128/14 INVOICES FOR PAYMENT

The monthly balance of income and expenditure was received and approved.

Balances in hand as at 23.03.15:- Ring Fenced balances – Recycling:-
Current Account £4810.29 Llanyre £ 892.34
Savings Account £2195.20 Newbridge-on-Wye £ 767.40
£7005.49 £1659.74

Available Funds:- £5345.75

The following invoices were received and passed for payment:-
(a) phs – NoW toilets £37.90
(b) phs – Llanyre toilets – purchase of hand drier £84.00
(c) Cannon Hygiene – Llanyre toilets £10.44
(d) Mr. P. Lewis – Llanyre toilets £64.00
(e) Mrs. L. Brown – salary/expenses £277.99

Mr. G. Rees joined the meeting

129/14 CORRESPONDENCE

(a) PCC – Purchase and Supply of Goods and Services to PCC

Correspondence was received stating that the County Council was implementing a No Purchase Order number, No Payment policy.

(b) Roger Williams, MP – Post Office Card Account

It was reported that the Government has secured a new contract to ensure that the Post Office Card Account will continue until November, 2021. It was noted that the Post Office Card Account is used by people receiving pensions, benefits and tax credits who do not have a traditional bank current account.

(c) Reduction in Branch Library Opening Hours

New opening hours were reported as follows:-

Llandrindod - 9.30 – 5.00 on Monday, Tuesday, Thursday, Friday
9.30 – 7.00 on Wednesday and 9.30 – 1.00 on Saturday
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Builth Wells - 10.00 – 1.00 and 2.00 -5.00 on Monday and Tuesday
Closed on Wednesday
10.00 – 1.00 and 2.00-6.00 on Thursday
10.00-1.00 on Friday and 10.00-12.30 on Saturday

(d) One Voice Wales

A receipt for the renewal of Membership was received.

(e) CPRW Newsletter

The recent Newsletter was received and distributed to Members for information.

(f) BT Adopt a Kiosk

Correspondence was received regarding a scheme for communities to adopt their red kiosk. It was agreed to obtain further information.

(g) The Pensions Regulator

Correspondence was received regarding the law on workplace pensions. It was noted that the staging date for this Council was 1st April, 2017 and a contact was required to be nominated before 30th April, 2015. The Clerk confirmed that she had replied nominating herself as the point of contact.

(h) PCC – 20mph Zone – Cae Nant, Newbridge-on-Wye

A copy of the Order was received and noted.

(i) West Flight – Proposed Solar PV Installation at Froncoed, Llanyre

Further to the Council’s concerns expressed to the Planning Department, confirmation was received from the applicant’s agent that no concrete or other type of ballast would be used in the construction of the support framework for the panels. It was also confirmed that the insertion of the supporting posts and the mounting modules would not have any impact on the existing drainage or surface run-off of the site.

130/14 REPORTS FROM REPRESENTATIVES ON OUTSIDE BODIES

Newbridge-on-Wye School Governing Body – requested an up-date on the situation on the Community Centre. At this stage, there was nothing further to report.

131/14 VACANCY IN THE NEWBRIDGE-ON-WYE WARD

Two letters of interest in the co-option to the vacancy in the Newbridge-on-Wye Ward of the Council were received as follows:-

Mr. H. Lewis, Llanyre
Mrs. P. Deakin, Newbridge-on-Wye
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The Clerk reported that she had been in correspondence with Mr. Lewis regarding the vacancy and had explained that this was a Newbridge-on-Wye Ward vacancy and, in the past, Members sought to appoint from those who were resident within the vacant ward. However, she confirmed that she would bring his letter of interest to the table for consideration alongside any others received.

A lengthy discussion ensued, following which it was proposed by Mr. M. Davies and seconded by Mr. M. Watkins that Mrs. P. Deakin be co-opted to the vacancy.

The Clerk was requested to write to Mr. Lewis thanking him for his interest in the vacancy.

132/14 DATE OF NEXT MEETING

The date of the next meeting was confirmed as Tuesday, 21st April, 2015 at 7.30 p.m.

There being no other business the Chairman closed the meeting at 8.35 p.m.

STEPHEN POWELL (Chairman)






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