August 2022 Minutes
OSGODBY PARISH COUNCIL
Minutes of the Extra-Ordinary meeting held 26th August 2022, 7.30pm in the Village Hall, Osgodby.
14 members of the public present.
One parishioner asked what was being discussed at the meeting tonight. Cllr Heavens explained the purpose of the meeting.
One parishioner expressed her thoughts regarding access across the village green in her experience. The parishioner went on to detail the other access points to the residence concerned, stating that the village green is designated as a green space and detailed the legal aspect around this and siting the neighbourhood plan’s impact of this. The role of the council is to represent the wishes of the parish. The parishioner also asked about the financial legal aspect of any incurred costs, Cllr Heavens commented that this will be discussed later in the meeting.
One parishioner spoke about the personal involvement of access across the village green to deliver hay to the premises, nothing was challenged regarding this and discussed evidence that could be presented going back to 2015, when hay was delivered all through the year.
Mr Brown commented that his family moved into the premises (Red House) in 2007, and used the access across the village green on a frequent basis until the lock was put on the gate on 2021 by the Parish Council. The green was unfortunately damaged during construction of the agricultural building on Mr Brown’s land, but this was made good. Mr Brown went on the highlight that the previous residents of Chapel House access caused more damage to the green. Mr Brown further advised the meeting that he has no intention to convert the agricultural building to houses, or to a business, but he plans to retire. He confirmed that he does have a business registered to the house, but this is only for business registration purposes. There was no access off Washdyke lane until some years later, when the land was bought from another parishioner.
A statement was read out by the Clerk from a parishioner who could not attend, expressing concerns regarding access to the green.
1. Present: Cllr M Heavens (Chair), Cllr J Smith, Cllr I Johnson, Cllr M Bowley, Cllr J Trafford, Cllr A Wilkinson, Cllr S Masterman, Ms S Harvey (Clerk).
2. Apologies for Absence – none received.
3. Chair and Councillor Remarks
Cllr Heavens opened the meeting by welcoming members of the public and thanking them for their attendance.She stated that understandably, this is an emotive issue and requested that members of the public respected the views of councillors, however she did say that individuals would be allowed to speak during the meeting as it progresses.
4. To receive declarations of interest in accordance with the 2011 Localism Act and to consider any requests for dispensations.
None declared.Cllr J Smith asked why Cllr Wilkinson had expressed an interest in the planning application for Red House, but has not declared an interest in respect of the prescriptive easement, Cllr Wilkinson explained that this was based on the planning application only, due to the proximity of a property he owned, and not the village green.
5. Village Green
i. To discuss the letters from the Land Registry and Bridge McFarland in relation to the issue of the application of prescriptive access across the village green by the owners of Red House.
The Parish Clerk read out key information from the letters which had been received. Cllrs discussed the content of the communications and commented as follows:
Cllr Johnson asked about the insurance protection, he also challenged the statement made by Bridge McFarland in respect of legal costs incurred that would need to be paid back to Mr & Mrs Brown.
Cllr Masterman spoke about the opportunities for the Parish Council and Red house residents, to come to an amicable agreement.
Cllr Smith spoke about the need to seek legal advice, and questioned the definition of the term ‘agriculture’. She also raised the point of how the situation would be monitored if agricultural access was offered and whether another prescriptive easement be applied for. Cllr Smith had further questions regarding business use and personal use. In relation to parking on the land, how will Mr Brown access across the green. She felt that there is no effective way to monitor or enforce easement, and no finance to do this legally.On speaking to a Barrister, Cllr Smith was advised that the ‘parish council will regret it’. Cllr Smith therefore feels that we need to get further legal advice, before anything else is agreed.
Cllr Heavens outlined the purpose of the meeting, in that the Parish Council is not agreeing to an easement, but looking to agree in principle the suggestion outlined in Bridge McFarland’s letter of 10 August 2022.
Mr Brown spoke, stating that if the Parish Council did not proceed, the matter will go to tribunal. Mr Brown commented that all he wants is agricultural access and is willing to negotiate this.
Cllr Heavens commented that the purpose of the meeting tonight was to decide on whether or not the Parish Council enter negotiations.
Cllr Masterman asked for clarification regarding the purpose of access.
Mr Brown outlined that he would need to apply for change of use if they did want to run a business, this was highlighted by Cllr Wilkinson at a previous meeting.
Cllr Heavens, agreed that the Parish Council would need to obtain further legal advice, and will be approaching ‘DAS’.Cllr Heavens takes on board the issue regarding costs and Solicitors will need to be involved in order to draw up a contact.Cllr Heavens further commented about the time it would take to send information to DAS.There is no guarantees that either party would be successful and each party needs to consider the risks involved.In the meantime, there is a risk that the precept would need to increased year on year to cover any costs. There are a lot of people who are supportive of the Parish Council and those who are not.
Cllr Trafford commented that we should come to some amicable agreement in the interests of the community and suggested that this might be for a period of time.
Cllr Johnson, commented that we have been invited to a mediation process and this should be entered into.
Cllr Bowley commented that the Parish Council has fallen into a trap of what we are told and what actually happens.
Cllr Wilkinson- thinks that we should accept the proposal outlined.
The issue of future Wayleave licences was raised and it was suggested that this is included in the September agenda.
A Parishioner suggested an independent CHAIR, however Cllr Heavens outlined that this would be conducted through a solicitor.
ii. To resolve on whether to accept in principle a proposal offered in the letter from Bridge McFarland dated 10th August 2022. The proposal is to grant a right of way across the village green for agricultural purposes only, to include the general maintenance of their land. The agreement would include that no damage would be caused to the village green as a result of this right of way.
Cllr Heavens proposed, in principle, that we accept the motion as set out in the letter from Bridge McFarland. Seconded by Cllr Masterman.
The motion was accepted by a majority vote of 6.
iii. To discuss and resolve an appropriate response to the correspondence from Bridge McFarland.
It was agreed that Cllr Heavens (Chair) and the Parish Clerk work on a response to Bridge McFarland and circulate this to Councillors.
The meeting closed at 20.30hrs.
Minutes Approved 26th September 2022 Cllr M Heavens (Chair).