Minutes Of A Meeting Of The Council on Tuesday 8th March 2022



Cllr James Peacock (Chair)              Cllr Thomas Tennant
Cllr Darren Percival                          Cllr Brian Brown
Cllr Miriam Cloughton                      Karen Prudden (Clerk)
Cllr Y Peacock (NYCC & RDC)           Mrs Rita Cloughton (Resident)

  1. The Chairman reminded everyone of the rights to record the meeting, although it was not being recorded by the Parish Council. No-one indicated a wish to record this meeting.
  2. The Council formally acknowledged a letter of resignation received from Cllr Derek Kettlewell who resigned from his post as of 1st February. He had been a Councillor since 2007. RESOLVED: CLERK to write a letter of thanks to Mr Kettlewell.

Mrs Miriam Cloughton from Stalling Busk had come forward for consideration to replace Cllr Kettlewell. Cllr Tennant proposed that she be co-opted as a Parish Councillor. This was seconded by Cllr Brown and everyone was in favour. Cllr J Peacock welcomed Mrs Cloughton to the Parish Council.

  1. Consideration of Apologies for Absence No apologies were offered.
  2. Declarations of Interest

Cllr Tennant declared an interest in item 10.1 regarding the proposal to erect a radio base station on land off Blean Lane.

  1. Minutes of the Last Meeting

Minutes of the meeting held on Tuesday 18th January had been circulated to all Councillors. Cllr Percival proposed that they be adopted as an accurate record of proceedings and this was seconded by Cllr Brown. The Minutes were duly signed by the Chairman.

  1. Ongoing Matters

6.1 Pathway Project Near RiverdaleCllr J Peacock will chase Mr P Metcalfe to undertake this work as soon as possible. Plans had been discussed and the funding has been received and it is therefore important that the project is completed as swiftly as practical.

6.2 Registration of Common LandThe Clerk explained that she had now undertaken research into this matter. Richmondshire District Council had not been very helpful but had advised that they did not own any land in the Parish. As such, their Legal Department would not be able to assist in registering land. North Yorkshire County Council Commons Registration Department had been much more helpful. They had issued a map and confirmed that ‘there are eight registered common land units and two registered village green units in the Parish’. They hold ‘copies of the registers for these units’ but noted that ‘although there is an ownership section many have not been  updated since the 1960’s and the pages themselves cannot be used as legal proof of ownership’. The Clerk explained that, following work undertaken by Mr Ballinger, she now holds a file of maps for the areas of common land and village green within the Parish, together with their register pages. However, upon checking this information and the map now received, only the following pieces of common land have been registered:-

CL107 – The Green, Bainbridge (actually Stalling Busk) – registered to R Kettlewell in 1969.

CL39 – Marsett Bardale Common and Marsett Green and Rigg

CL144 – Cragg Quarry Green Scar Mire, Washford – Registered to R & M Lambert in  December 2018.

CL197 – Semerwater

CL315 – Hukermire Moss, Bainbridge – Registered to Ms J Ritchie in 2017

The Clerk went on to explain that if the parish Council locates land in their ownership which they would like to register as village green, this is possible under Section 15(8) of the Commons Act 2006. Once land is registered as village green it cannot be developed.

Councillors considered this information and felt that there would be considerable cost and time involved in pursuing this matter further. They all agreed that, should a situation arise in our communities, it is likely that it would come to the attention of councillors and they would act upon it.

Cllr Cloughton confirmed that, following the discussions held last year, maps provided by Mr Ballinger had been issued to all residents of Stalling Busk, indicating the boundaries and rights associated with land there. It has been agreed that these will be shared with any future owners of the properties there and, as such, residents had agreed there was no point in pursuing registration of any land.

RESOLVED: The registration of land will not be pursued at this stage.

6.3 Maintenance of Trees in BainbridgeThere has been no progress on this matter to date. RESOLVED: CLLR PERCIVAL to discuss with the Lords Trustees to enquire if they will organise and pay for this work. The Clerk passed the YDNPA application for works form to Cllr Percival for completion.

  1. Planning Applications

No applications have been received since the last meeting.

  1. Planning Decisions

The Clerk confirmed that there have been no decisions notified on the YDNPA Planning Portal.

  1. Highways Matters

8.1 Incorrect Road Markings at Stalling BuskThe Clerk confirmed that she has again been in touch with NY Highways to request that this work is completed. It has now been passed to the contractor responsible for the resurfacing. RESOLVED: CLERK to follow-up with Ian Beighton.

8.2 Motorcycle IssuesThe Clerk has confirmed to Sarah Dorrell that the Parish would appreciate a Road Safety Roadshow and operation by the Safety Camera Team on a Sunday in the spring. RESOLVED: CLERK to make further contact to check that this has been booked for April or May.

8.3 White Posts Along Roadside Above Play AreaCllr Y Peacock confirmed that an order has been put in for new white posts along the roadside. There is no information on a site meeting to assess the safety of the hill upon which they are mounted. RESOLVED: CLLR Y PEACOCK to contact Deborah Flowers to check on this work and a potential site meeting.

8.4 Drainage Issues at Countersett and Busk LaneA site meeting had been planned between Highways and Cllr Kettlewell, but no feedback had been received. RESOLVED: CLLR CLOUGHTON to contact Mr Kettlewell for an update.

8.5 Potholes and Drainage IssuesThe effectiveness of the new NY Highways company was discussed, having heard concerns over some recent situations. Cllr J Peacock reported potholes between Carr End and Marsett village which have not yet been repaired. Cllr Y Peacock confirmed that she had reported potholes between Countersett and Semerdale Hall and these had been repaired. Cllr Tennant reported potholes in Worton which need repair. Cllr Percival advised of a situation with blocked drains along the A684 between Bainbridge and Hawes which results in excess water on the road. RESOLVED: CLERK to report these issues to Highways and copy Cllr Y Peacock in so that she can follow-up.

8.6 Closure of Blean LaneThe Clerk advised of a closure of Blean Lane from 29th to 31st March to allow BT to replace a pole. The closure will take effect between 8.00 am and 6.00 pm.

8.7 Street LightsThe Clerk advised that she has now reported the faulty or broken street lights in Bainbridge and Worton twice, and chased by email but so far had no response.

  1. Financial Matters

9.1      The following invoices were approved for payment:-

)- Mrs K Prudden – £221.86 – Clerk’s Salary for January (paid)

)- Mrs K Prudden – £221.86 – Clerk’s Salary for February (paid)

)- Mr J Peacock – £389.93 – Purchase of New Goalposts

)- Mrs K Prudden – £64.00 – Work relating to Metcalfe Interment and Reservation

)- Mrs K Prudden – £481.20 – Purchase of Jubilee Commemorative Pens

9.2     The following income was acknowledged:-

)- No income had been received.

9.3       Bank Balances

The bank balances as at 8th March were noted as follows:-

Unity Current Account                              £875.38

Instant Access Account                           £10,888.23 (ring fenced)

Instant Access Account                              £5,160.41

The bank statements were passed to the Chairman for checking and signing.

The Clerk expressed concern at the balance on the current account. This has been caused by the payment made for the new play equipment and the grant funding not having been received yet. RESOLVED: CLLR Y PEACOCK to discuss this with RDC to ensure the grant funding is paid into the bank account as soon as possible.

  1. Correspondence

10.1 Clarke Telecom re Radio Base StationThe Clerk had received and circulated information to councillors from Clarke Telecom giving details of the proposed installation of a radio base station at land at Shake Holes, Blean Lane, Bainbridge by Cornerstone. This proposal is part of the Government-backed scheme called ‘Shared Rural Network’. Cllr Tennant had registered an interest in this item as the site is on his land and he therefore had no comment. No other councillors had any comment to make, believing that this work would improve communication locally. RESOLVED: No comments to be submitted to the consultation.

10.2 Response to Concerns to Increase the Size of Burial PlotsThe Clerk read a letter received from Rishi Sunak MP following the Council’s letter sent expressing concern at the proposals to amend the Environmental Permitting (England and Wales) 2016 Regulations. Mr Sunak confirmed that he had contacted the Department of the Environment, Food & Rural Affairs to bring this matter to their attention and raise the concerns of the Parish Council. He has asked for a formal Government reply which he will share with the Parish Council, when received. RESOLVED: CLERK to circulate response when received.

10.3 The Old Silk Mill, Raydaleside – Following the last meeting, the Clerk had submitted the Council’s comments regarding an ‘extension’ that had been seen at this property for which no planning application had been received. This had prompted an email response from the Planning Enforcement Officer which the Clerk read to the meeting. Discussion took place on this and the excuse that there are insufficient resources available to deal with this matter, which appalled councillors. RESOLVED : CLERK to write to the Member Champion, Jim Munday, expressing the concerns of the Council that the YDNPA do not take enforcement matters seriously.

10.4 Monthly Crime Bulletin – No report had been received for February, but the Clerk had presented the report for January. It was noted that there had been a theft of heating oil from Askrigg School.

10.5 NYCC Flood Alleviation Study Report for BainbridgeThe full report, commissioned by NYCC and prepared by WSP, had been received and circulated to councillors for their information. Public drop-in sessions had been held in Leyburn to discuss the issues raised but no councillors had been able to attend. It was noted that whilst the report made for interesting reading, the proposals to rectify the flooding issues were extremely expensive and would rely on the co-operation of landowners. Two specific areas were noted as being at significant risk of flooding – Sycamore Hall and The Crescent. Councillors were concerned that this report clearly highlighted the already acknowledged issues of flooding at The Crescent which would presumably be exacerbated once the new housing development behind the Rose & Crown was completed. Councillors were extremely concerned that their previous representations to YDNPA Planning Department regarding this had been dismissed and yet the report confirmed these concerns. RESOLVED: CLERK to write to the YDNPA asking why they approved this planning application, claiming to have undertaken the necessary due diligence and yet the evidence was clear from this report. CLERK to also write to Graeme Newton at NewRoc along the same lines. CLERK to send a copy of the report to Cllr Cloughton and Mrs R Cloughton for information.

10.6 Parking Issues in BainbridgeThe Clerk read an email received from a resident of Riverdale detailing recent parking issues outside their property and altercations with the neighbour. The Council were concerned to hear of these issues but acknowledged that they have no jurisdiction over the highway. RESOLVED: CLERK to contact NY Highways to request a site meeting. CLERK to respond to resident explaining position.

  1. Children’s Play Area & Village Green Donation Boxes

11.1 Zip Wire RepairThe Clerk had contacted the installer of the zip wire to explain the current issues. They had subsequently sent quotes for repair (one for the broken bits only; the second for the whole fixing). It was suggested that the best solution would be to replace the whole fixing unit rather than just the parts that are currently broken. The total cost quoted for this work was £1,543.06 (inc VAT £257.18). Councillors asked whether this work would come with a warranty and agreed that it should be undertaken after the traveller visit. RESOLVED: CLERK to check warranty situation and confirm to contractor agreement to undertake work after early June.

11.2 New Play Equipment  – This project has now been completed and the new team swing is being well used. It had come to light, following an inspection report of the play area, and checking with Playdale, that the worn ‘bushes’ on the swings had not been replaced as part of this project to instal new swings, which was disappointing. RESOLVED: CLLRS PEACOCK & PERCIVAL to arrange replacement of the worn ‘bushes’.

11.3 Inspection ReportThe report for January had been received, indicating the same issues as previous reports. Cllr Percival confirmed that he had spoken with Mr M Metcalfe to arrange the repair to the slide platform. Other issues remained ongoing but not urgent. CLLR PERCIVAL to request Mr Metcalfe to repair the platform.

  1. Cemetery

12.1 Cllr Percival reported that there had been a fall of a significant length of wall recently along the boundary with Brough Hill. This had allowed sheep to encroach into the Cemetery. The farmer had been informed and erected a temporary fence. Cllr Percival advised that the wall had fallen due to damage from tree roots and the fact that the trees and shrubs along it were now too tall and catching the winds. The situation was discussed and Cllr Percival recommended that now was the time to take drastic action to preserve the remaining wall by cutting back the trees and shrubs and removing some at ground level. Councillors agreed that work should be undertaken to address this situation. RESOLVED: CLLR PERCIVAL to speak with Mr P Metcalfe to request work be undertaken on the trees and shrubs. It was agreed that this work should cost no more than £1,000 which would be paid from the Instant Access 2 account. CLLR PERCIVAL will repair the wall in due course, along with the length to the front of the Cemetery.

  1. HM The Queen’s Platinum Jubilee

13.1 A meeting of local residents took place on 9th February to discuss plans to mark this event in Bainbridge. It has been agreed that there will be a ‘bring & share’ Big Jubilee Lunch on Bainbridge Village Green on Sunday 5th June, starting at 12.30 pm. During this event, there will be a toast to HM The Queen, and a cake will be cut. Commemorative gifts will be presented to all children resident in the Parish aged 11 and under. It is hoped that there will also be some activities for children. The Clerk confirmed that she has ordered 100 commemorative pens but did not receive a very positive response to the request for parents to register their children for the presentation. The local schools were unable to provide the names of children for this purpose and the Clerk had therefore issued a flier, via the schools, to parents. It is believed there are approximately fifty children qualifying, but it was necessary to order 100 pens. The remainder will be sold. Cllr Y Peacock hopes that there will be some involvement from the local schools who will be invited to the marquee before the Bank Holiday for a presentation following a painting competition. Mr Mason Scarr has agreed to have an unofficial beacon on Brough Hill on the evening of Thursday 2nd June. Cllr J Peacock, D Percival and Mr T Prudden will assist with this. A further meeting of the working party will be held on Wednesday 16th March to discuss plans further.

  1. Agenda Items

+ Appleby Horse Fair

+ Jubilee Celebrations

+ Review of Standing Orders

+ Review of Asset Register

  1. Date of Next Meeting

The next meeting will take place on Tuesday 10th May 2022 at Sycamore Hall, Bainbridge. This will be the Annual Meeting of the Parish Council and will start at 7.00 pm at Sycamore Hall, Bainbridge. It will be preceded by the Annual Residents Meeting, starting at 6.30 pm.

  1. Vote to Exclude Members of the Public

Cllr J Peacock proposed that members of the public be asked to leave the meeting in order to allow a confidential item to be discussed. This was seconded by Cllr Percival and all were in agreement. Members of the public, and the Clerk, left the meeting.

  1. NALC National Salary Award

Discussions form part of a confidential Minute.

The meeting closed.

Signed as a True Record: …………………………………………  Date: ……………………………………………………………………………..