Draft Minutes

Minutes of an Ordinary Parish Council Meeting held on

 Wednesday 16th October 2019 at 19.00 in the Community Hall


  1. Present … Councillors: Tony Phillips (Chairman), Richard Sparey, Chris Strange and Cara Campbell.

Ward Councillor Toni Fagan, Parish Clerk Mark Hearne and three residents.


  1. Apologies for Absence…Councillors Rose Sparey and Craig Hooper.


  1. Declarations of Interest & Dispensation


  • No declarations were submitted.


  1. Minutes of previous meeting….3rd October 2019

4.1       It was RESOLVED to adopt the minutes as a true record. The minutes were signed by the Chairman.


  1. Open Session

5.1       Ward Councillor Toni Fagan raised the following headline issues in her oral report.

5.1.1 – Corporate Plan covering the period 2020-24 is progressing and will be published on the Herefordshire Council website.

5.1.2 – Housing Development Campaign is designed to meet housing numbers which will include sustainable council houses. Housing development in the North of Herefordshire has been put on hold as phosphate levels are too high.

5.1.3 – Proposals being considered to change the governance structure in Herefordshire Council to a Committee system.

5.1.4 – Herefordshire Council has a target to achieve zero carbon emissions by 2030.

5.1.5 – Planning Application 191330 – Land adjacent to the North West of Ivy Cottage. The Planning and Regulatory Committee had approved the application despite the strong protestations of the Parish Council both before and during the hearing. The Chairman expressed his frustration that the Herefordshire Council failed to take account of the wishes of the Parish Council in reaching this decision. There was some discussion around mounting a legal challenge to the decision and this may be revisited at a subsequent meeting.


5.2       Local Residents’ – A resident reported that a second charity named the Garway Community Association runs alongside the Village Hall Charity and it is the former which has sought a grant to cover the cost of legal expenses thereby negating any possible conflict of interest. Other issues raised included:


5.2.1 – Easement at Ivy Cottage

5.2.2 – Governance arrangements for the Common. It was RESOLVED to include this

on the agenda for the next Parish Council meeting.

5.2.3 – Community Speed Watch – a possible approach to combat excessive traffic

speed. It was RESOLVED to include this on the agenda for the next Parish Council meeting.


  1. Planning … Comments on applications to be determined by Herefordshire Council

6.1       Planning Application 193200 – Little Newlands, Garway – Creation of new field access. Following discussion, it was RESOLVED to object to the proposal on the grounds that the site falls outside the NDP settlement boundary and that the clerk notify the LPA accordingly.

6.2       Planning Application 192605 – Upper Sun Cottage, Garway – Proposed Off Road Parking Bays. Following discussion, it was RESOLVED to support the proposal and that the clerk notifies the LPA accordingly.

6.3       Planning Application 193265 – Land adjacent and near to Lemsford, Broad Oak, Hereford. Application for permission in principle for the erection of two bungalows and one two storey dwelling. Following discussion, it was RESOLVED to object to the proposal on grounds that the site is within 50 metres of an agricultural dwelling and outside the NDP settlement boundary. It was further RESOLVED that the clerk would notify the LPA accordingly.

6.4       Planning Application 191330 – Land to the North West of Ivy Cottage, Garway Common. Erection of a single storey residential dwelling (C3) with garage, private driveway and creation of new access onto the highway. As discussed previously it was noted that the Planning and Regulatory Committee passed the application at a hearing which took place earlier in the day.


  1. Finance …

7.1       The bank balance as at 30 September 2019 was £32,138.57

7.2       It was RESOLVED to make the following payments

7.2.1 – Clerk’s salary (October 2019) as per employment contract

7.2.2 – PAYE (October 2019)- £90.00

7.2.3 – Cheque from Mrs Horspool was noted, and it was RESOLVED that the clerk

would write a note of thanks.

7.2.4 – Request from Village Hall Charity for grant to cover legal fees. Following

discussion it was RESOLVED to defer a decision until the next Parish Council

meeting to allow the clerk the opportunity to review the current status of the

finances. It was also RESOLVED that the clerk would ask for a statement of accounts from H Vaughan Vaughan & Company (Solicitors).

  1. Common – The issues of granting a wayleave to Welsh Water to access the Common was discussed. It was RESOLVED that the clerk write to Welsh Water advising them that Garway Parish Council was now the legal owner of the Common and should receive correspondence seeking a Notice of Entry. Post meeting note – advice from H Vaughan Vaughan & Company (Solicitors) advised that until the transfer to the Parish Council is complete the Notice of Entry should technically be served on the “current” owner. It was further RESOLVED that the Councillor Richard Sparey would make informal contact with Richard Williams (Land Agent) to invite them to support the Parish Council in establishing a wayleave agreement with Welsh Water.


  1. Sale of The Old Village Hall – As chairman of the trustees Councillor Richard Sparey declared an interest in this agenda item. In discussion, the Parish Council became aware that the market valuation of the old village hall was £85k. It was RESOLVED that the clerk investigate the options for the Parish Council to borrow the finance needed to purchase the old village hall. It was further RESOLVED that the clerk would seek the most favourable interest rate available and the longest period over which to repay the loan.


  1. NDP – Councillors were concerned over the delay in finalising the NDP, but it was noted that Herefordshire Council were awaiting answers to two outstanding issues. It was RESOLVED that the clerk would respond to the two queries and ask, at the same time, if the NDP could be expedited.


  1. Footpaths – An e-mail from a representative of Herefordshire Ramblers Association was discussed and it was RESOLVED that the clerk would respond advising that there are no footpaths across the Common.


  1. Lengthsman – Councillor Strange reported that there had been little activity in recent months, and he would contact the lengthsman with a view to organising work on the footpaths and playground. It was RESOLVED that the clerk would write thanking those residents who had cleared nettles and brambles from the playground. It was RESOLVED that the refurbishment of the children’s playground would be included on the agenda for the next meeting.


  1. Clerk Correspondence – No additional issues had been raised with the clerk.


  1. Matters for the next meeting scheduled for Wednesday 27th November 2019 at 19.00hrs.


Meeting closed at 20:50 hrs


Garway Parish Council Annual Parish Council Meeting Draft Minutes 20-05-2019