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«NOTICE OF MEETING OF THE PARISH COUNCIL Parish Councillors are summoned to a meeting to be held on: DATE: THURSDAY, 6 DECEMBER 2012 7.30 PM TIME: ...»

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Clerk: Carol Jones

Tel: 01270 812065 e-mail: carol.jones@stapeleyparishcouncil.gov.uk

Website: www.stapeleyparishcouncil.gov.uk


Parish Councillors are summoned to a meeting to be held on:


7.30 PM




Date of issue: 30 November 2012 Enquiries to: Clerk: Carol Jones Tel: 01270 812065 Signed To: Members of the Parish Council Councillors Shaun Clough, John Davenport, Mike Docker, Sandy Gwinn-Freemantle (Chairman), Peter Groves, Maxine Galt, Jo Hillman, Martin Malbon, Keith Nord and Raj Samra (Vice-Chairman) Copies: Borough Councillor Andrew Martin (Nantwich South and Stapeley) Press: Crewe Chronicle, Nantwich Chronicle, Nantwich Blog, Red Shift Radio, BBC Radio Stoke, Signal Radio, Guardian Series.

Note: Members of the public are asked to print their own copy of the agenda from the website. Members of the public without access to the Internet are asked to contact the Clerk by no later than noon on the day of the meeting to ensure that sufficient spare copies of the agenda are available.

(See overleaf for other notes for members of the public.) Stapeley & District Parish Council – Agenda NOTES 6 December 2012


This Parish Council meets and makes its decisions in public. A Parish Council meeting is not a public meeting. It is a meeti ng held in public and there is no requirement in law which allows members of the public to speak at such meetings. However, the Council is pleased to offer this opportunity to local registered electors to show that it is committed to community engagement.

Please respect the fact that this is a meeting to conduct Parish Council business and interruptions during the meeting are not permitted. If the business is disrupted in any way, the person(s) causing the disruption may be asked to leave.

 Public question time will be for a period of 10 minutes. Any member of the public wishing to speak should notify the Clerk prior to the start of the meeting. As a courtesy, it would be appreciated if 24 hours’ notice could be provided.

 The agenda stipulates that public question time will take place following approval of the Minutes and discussion of any Matters Arising. There is a second Public Question Time slot towards the end of the meeting. The period of Public Question Time can be extended at the discretion of the Chairman.

 Members of the public are permitted to ask questions in respect of items on the agenda or any other business of the Parish Council. Questions asked at previous meetings should not be raised within a 6-month period.

 The matter may be addressed immediately; the Chairman or the Clerk will respond to questions. If it is not possible t o give a response, a written response can be provided, if appropriate.

 Supplementary questions or comments are only permitted at the sole discretion of the Chairman.

 Members of the public are also able to “address” the Parish Council, ie make a statement, which should also relate to the business of the Parish Council.

 If more than one speaker wishes to speak on the same agenda item, the Chairman shall have discretion to disregard any questions or comments if they are a repetition of those of a previous speaker.

 It is not a good use of the Parish Council’s time for members of the public to raise issues about hedges, street lights, pot-holes and so forth during public question time. Such matters should be reported direct to the Borough Council either by phone or using its on-line system of reporting faults. Alternatively, please contact the Clerk who can take action, or report matters as appropriate.

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The Parish Council cannot lawfully decide any matter which has not been specifically included on the agenda, and there is case law to this effect (Longfield Parish Council v Wright (1918) 88 LJ Ch 119).

There is no such thing in law as “urgent business” and if any matter is truly urgent because it must be dealt with before the next meeting, a special meeting should be arranged unless there are delegation arrangements in place to allow the Clerk to take certain decisions, in consultation with the Chairman. (S.101(1) Local Government Act 1972).

B) Exclusion of Press and Public - General Note on Exclusion:

It is sometimes necessary for individuals other than Members or the Clerk to remain in a meeting when the public and press have been excluded. This depends on the role of the individuals concerned; for example, if they have been invited to the meeting to offer technical or professional advice to Members. However, even in these circumstances, caution needs to be exercised as it would be difficult to hold such individuals to account if they subsequently divulged what was discussed at th e meeting.

In the case of other individuals who simply have some background knowledge of the issue, it would be difficult to argue that they should be treated any differently from any other member of the public for the purposes of exclusion. It is important f or Members not to allow themselves to get into a position where they are selecting who should remain in the meeting; this could lead to an abuse of procedure and bring the Parish Council into disrepute. It would also enable accusations to be made that some individuals were allowed to exercise undue influence.


2.1 When the meeting is held at Broad Lane Methodist Chapel, car parking is available at the rear of the Chapel.

Alternatively, you can park in front of the Chapel on Audlem Road. On occasions, members of the press and public will be excluded from the meeting when the business to be transacted is of a confidential nature; for example, matters likely to reveal the identity of an individual, contracts and financial affairs of other parties.

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Note: If the Parish Council agrees, in principle, with an application, but not in all aspects, suggestions for development conditions can be made, in line with relevant factors.

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PART 1 (in the presence of the press and public)


Apologies for absence should be notified to the Clerk by noon on the day of the meeting, if possible. Apologies must be received and accepted before the meeting. If received after the meeting they cannot be recorded.


Members to declare any disclosable pecuniary interest or non-pecuniary interest which they have in any item of business on the agenda, the nature of that interest, and in respect of disclosable interests, to leave the meeting prior to the discussion of that item.

Whilst the Clerk can advise on the Code of Conduct and its interpretation, the decision to declare, or not, is the responsibility of the Parish Councillor, based on the particular circumstances.

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3.1 To receive and consider written requests for dispensation. It should be noted that failure to submit a written request will mean that those parish councillors, who have a disclosable pecuniary interest arising from holding a beneficial interest in land, or a licence to occupy land in the parish, or any other disclosable pecuniary interest as identified in the appendix to the Code of Conduct, will be unable to participate in the discussion of the draft budget proposals for 2013-2014 and will not be able to vote. Written requests are expected


Councillors John Davenport, Maxine Galt, Martin Malbon and Raj Samra

3.2 At its meeting held on 22 November 2012, the Parish Council approved the following dispensations in respect of disclosable pecuniary interests (DPI) to enable Members to

participate and vote in respect of the draft budget for 2013-2014:

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The following dispensations were granted on the basis that each councillor lived within the parish and therefore had a beneficial interest in land. Each application stated that “having regard to all the relevant circumstances, the Parish Councillors considered that without the dispensation, the number of persons prohibited from participating in any particular business would be so great a proportion of the body transacting the business as to impede the transaction of that business”.

Councillor Shaun Clough Councillor Mike Docker Councillor Sandy Gwinn-Freemantle Councillor Keith Nord

–  –  –

(a) A Scheme of Members Expenses has been approved (see agenda item 11.3 below);

and (b) As noted elsewhere on this agenda, the Sub-Committee gave initial consideration to the draft budget for 2013-2014.

6 MATTERS ARISING Members are asked to note that this item should only be used for updates in respect of items in the Minutes.

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During Public Question Time on 13 November, a member of the public re ferred to drainage issues on Broad Lane. The Clerk made enquiries of Cheshire East Council and has reported to the resident that the matter is now dealt with by Building Control.

Initial enquiries indicate that this relates to land drainage which is the responsibility of the landowner.

6.2 Land at Talbot Way Conservation Area The resident who had queried ownership of the fencing has now provided documents from Land Registry and she is of the opinion that the fence surrounding the conservation area is the Parish Council’s responsibility. The Clerk has sent these to the solicitors asking for their opinion.

7 PUBLIC QUESTION TIME (10 MINUTES) In accordance with the Parish Council’s Standing Order No.1, members of the public are able to submit a question, either in writing prior to the meeting, or orally at the meeting, or to make a statement. Please see page 2 of the agenda ‘Public Speaking Protocol’. Members of the public are reminded that this is not an opportunity for debate.

Where questions are asked, it shall be for the Chairman to respond to the questioner, unless she is of the view that the response should be given by the Clerk or another parish councillor who may possess the relevant information.

Each member of the public is entitled to speak once only in respect of business itemised on the agenda, or on any other matter which falls within the remit of the Parish Council and shall not speak for more than 10 minutes, dependent on the number of speakers in attendance.

If possible, a response shall be given at the meeting; otherwise a written response can be provided to the questioner. Where a statement is made by a member of the public, there is no requirement for a response. There shall be no discussion on any matter raised by questions.

Any parish councillor may move a motion that the subject matter be placed on the agenda of the next ordinary meeting. On being seconded, the matter shall be put to the vote.

The Chairman shall have discretion to extend the public speaking time if she considers it appropriate.

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8.1 To report that completion of the lease between the Parish Council and Cheshire East Council was effected on 23 November 2012 and the Clerk is now in possession of the keys.

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The Parish Council might wish to give initial consideration to arranging an opening event and to suggest a date and a format.

8.2 Appointment to the Committee of Additional Named Substitute At the extra-ordinary Parish Council meeting held on 13 November, Councillors M Docker, J Davenport and J Hillman were appointed as named substitutes for the Stapeley Community Hall Management Committee. The first meeting is to be held on 10 December and whilst there are, currently three Members who can attend, it is likely that one of them might not be in the parish on that evening. Councillor Maxine Galt, who was not at the Parish Council meeting on 13 November, is willing to act as a “stand-by” in the event of there being only two parish councillors available.

The Parish Council is asked to appoint Councillor Galt as a named substitute on the Stapeley Community Hall Management Committee.

8.3 Calendar of Meetings for the Committee

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9 NEWSLETTER The timetable for issue of the newsletter has slipped, principally because of the extensive Parish Council business which has been necessary during November.

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10 PLANNING MATTERS To report on the Strategic Planning Board’s proposed consideration of planning 10.1 application Nos. 123746N and 123747N.

Update on Parish Council’s Observations on the Muller Homes’ Applications 10.2 Simon Boone will be in attendance to provide an update in respect of the Parish Council’s objections to the Muller Homes planning applications Nos. 12/3746N (New highway access road, including footways, cycleway and associated works – land off Peter de Stapleigh Way) and 12/3747N (Application for access to be taken off Audlem Road/Broad Lane, but submitted with an indicative master-plan proposing outline application for development including 189 dwellings).

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