10 05 04
Crathes, Drumoak & Durris Community Council
(CDDCC)
Minutes of Meeting
4
May 2010 at Irvine Arms, Drumoak from 19.30 hours
1.
Sederunt
Community Councillors: Ann Ross (Acting Chairperson), Jenny Watson, Diana Robertson, Nicola Chambury, Geoffrey Atkinson
Aberdeenshire Councillors (Ward 18): Graeme Clark
Aberdeenshire Councillors (Ward 16): Linda Clark
Members of the public: Neil Adams, Alastair Gill, George Rae, Don Keith, John Hopkins, Tom Taylor
For Community Learning & Development, Banchory: Alison Ritchie
For
Press & Journal: Leanna MacLarty
For
Grampian Police: PC David Malcolm
Apologies: David Morrish, John Baillie, Jim Williamson
2.
Community
Learning & Development
Alison Ritchie said that Community Learning and Development wished to undertake a life-long learning project in Drumoak. A door to door survey in Drumoak had already been done. There are paper questionnaires distributed at the shop and post office and online questionnaires are available. Resources were not currently available to cover Durris and Crathes. Any immediate requests from these communities could be put into the Drumoak programme. Once Drumoak had been set up, focus would turn to smaller communities.
3.
Police Matters
PC David Malcolm said that he was from the Stonehaven office and was standing in for PC Wayne Smart.
He stated that police were aware of the recent upsurge in anti-social behaviour centred on Drumoak. Ann Ross said that this had come from the “travellers” camping in the area.
The travellers had recently left the field and were now believed to be in the Altens area.
Neil Adams, who owns the field opposite, on the west side of Park Bridge Road, said that they had arrived a week last Friday. A local farm manager had attempted to stop them entering the field and had been threatened and harassed by the travellers. He was unable to prevent their entry. Neil Adams had consulted the police and had been advised to remove everything movable from his field. He had spent considerable time doing this.
PC David Malcolm asked whether the field in question were private land. He was told that it was, but that the travellers had also broken into the adjoining water treatment plant compound.
He went on to say that, for illegal encampments on council land, police were able to move the offenders on, often within 48 hours. For private land, the landowner had to apply for a Court Order at his/her own expense. On being told that eviction had taken place within about 10 days, he commented that the process often took much longer – particularly if there were any doubt over the actual ownership of the land. George Rae stated that there was no doubt about ownership of the field - it belonged to George Wight.
Members of the public described the problems caused by the travellers. They included threatening behaviour, the making of noise in the early hours of the morning, the dumping of rubbish and human excrement in residents’ gardens and problems with the travellers’ aggressive dogs. Elderly and vulnerable residents had felt unable to emerge from their homes. Park Bridge Road had been blocked on a number of occasions, in one case for several hours.
Police had been called repeatedly and had attended frequently.
A tanker periodically pumps sludge out of the sewage treatment plant. The driver had been threatened with violence by the travellers, because the noise of his pump was “keeping the children awake”. The travellers had cut through the chain link fence at the front and back of the site. Photographs of the damage were shown by Alastair Gill.
John Hopkins said that this constituted Criminal Damage and asked whether the police would be bringing a prosecution. CPC David Malcolm observed that – under Scottish law - this was Vandalism, but agreed it was a criminal act.
Don Keith asked whether the police checked licensing and insurance for travellers’ vehicles. PC David Malcolm said that relevant police powers under the Road Traffic Acts only applied to vehicles on the public road. Don Keith asked why this had not been done during the periods when the vehicles were on the public road.
Linda Clark said that she believed the preparedness of residents to employ travellers to so work, such as gardening, for cash, attracted travellers to the area.
The site had been left littered with rubbish and human excrement. An email had been received from John Baillie, drawing particular attention to the pollution affecting the burn (which goes direct into the Dee). The question was posed as to whose responsibility it was to clear it up such pollution. Graeme Clark said that, for private land, it was the responsibility of the landowner and not the Council.
Tom Taylor asked what the Community Council would be doing to ensure the pollutants were cleared up. Ann Ross said that it was not realistic to expect the CDDCC to help with the practical clear-up and that CDDCC had neither the remit nor resources for this and asked what the petitioners wanted us to do.
Don Keith noted that he had consulted SEPA, who had said that in cases involving pollution of watercourses, they would prosecute the landowner. This was felt to be particularly iniquitous in circumstances like the present.
John Hopkins said that – irrespective of
the question of whether or not a licensed travellers’ site had been provided by
the Council – a crime was a crime and the law applied to all. The available penalties for fly-tipping (both
fines and imprisonment) were very considerable.
He believed that only the Council could bring prosecutions for
fly-tipping under the Environmental Protection Act 1990. He understood that the Council had at least
two officers entirely dedicated to investigating instances of fly-tipping. He asked Linda Clark to find out whether the
Council proposed to act in this case, which she undertook to do (Action: Linda Clark)
Jenny Watson said that Councillors had all been asked to nominate sites in their areas, which could be used as permanent Council sites for travellers. None had been forthcoming. She proposed that CDDCC send a letter to the Council underlining the need to provide sites. Ann Ross proposed that, in the absence of both the Chairman and Vice-Chairman, the issue be carried forward to the next CDDCC meeting. Jenny Watson said that she – and, she was sure, members of the public attending the present meeting - was disappointed in this lack of action.
Nicola Chambury volunteered, in the interim, to draft and circulate a letter to the Council and one to Grampian Police, expressing the concerns of the residents and asking what can be done (Action: Nicola Chambury). Tom Taylor suggested that the letter should ask for (financial or physical) help with the clean-up.
John Hopkins noted that – for whatever reasons (good or bad) – very few people wished to have travellers camping near their property. But Aberdeenshire was a large place. There were certainly remote parts of the county that had few, if any, close neighbours. He asked why the Council did not seek to meet its statutory obligations in this respect by locating a licensed site there.
Don Keith asked whether the police had taken the names of the travellers. PC David Malcolm said that they had collected number plate details. He added that, if travellers should again camp in the area, the sensible action would be to bombard both police and council with calls.
Ann Ross formally proposed carrying the issue forward to the next meeting, when Chairman and Vice-Chairman were expected to be present, so that we could then decide what to do. The proposal was put to the vote and carried by a majority.
4.
Planning
4.1 Retrospective Permission
for Marquee at Milton of Crathes
This was noted by CDDCC.
4.2 Proposed House for an
agricultural worker
As on previous occasions, CDDCC wondered whether this were a way of
getting around planning restrictions on houses in the countryside.
4.3 Proposed House east
of West Park Farm
Geoffrey Atkinson reported that this application had been withdrawn.
4.4 Advertising Sign for
Easter Anguston
An application had been submitted for a large advertising sign. This was felt to be inappropriate, given the
general presumption against advertising signs in the countryside and the recent
advice to NTS that they would be permitted only direction signs from the North
Deeside Road and not advertising. To
write to the Council opposing this application (Action: Geoffrey Atkinson)
4.5 Local Area Plan
(Main Issues Report)
The Main Issues Report for Marr Area (which covers Crathes) contained a
provision for 35 houses in the field north-west of the Durris Bridge. Nicola Chambury said that it had been
understood from the MIR that, if no detailed planning permission had been
granted, nor building commenced, the whole of the 45 building site would be
deleted from the Local Plan.
Linda Clark said 45 houses were already in the previous Aberdeenshire
Local Plan (ALP) and the three councillors had asked for this to be reduced.
This is now 35 and was accepted because of concerns in particular for the
viability of Crathes School.
John Hopkins asked whether inclusion in the LDP meant that a planning
application by any developer would automatically be granted. Linda Clark said the Councillors could reject
an application, but that the developer would undoubtedly appeal.
CDDCC has opposed development of this site because of concern that, once
started, there would be no effective way of preventing development of the whole
field – resulting in massive overdevelopment of Crathes. In this respect, 35 houses were no different
from 45 houses.
To draft a letter to the Council, drawing this matter to their attention
and reiterating CDDCC’s reasoned objections to inclusion of the site in the
Local Plan (Action: Nicola Chambury)
4.6 Schools
Graeme Clark confirmed that the proposed site for the Drumoak School was now the area (identified as P1 on their maps) that was immediately north of Sunnyside Farm. This had been welcomed by the School Council.
5
Road Safety
5.1 Speed Limit in Crathes
Ann reported that she
had written to Ralph Singleton regarding the implementation of the speed limit
at Crathes. Mr. Singleton (Aberdeenshire Council) had replied that the speed limit would not be implemented
until resources allowed, and that there were no plans to include passing places
for the Deeside Way or to extend the speed limit to Milton of Crathes. After consultation with other Community
Councillors it was agreed that Ralph Singleton be invited to attend the meeting
in June. CDDCC is awaiting a reply.
She added that the Council had apparently conducted a survey of the
extent of usage of the Deeside Way point, but not – she believed – on a Sunday,
when maximum usage occurred.
5.2 Spurious Flood, etc,
Signs
Geoffrey Atkinson drew attention to the fact that temporary Flood and
Loose Chippings signs were often being left on display long after they were
topical. This had the unfortunate effect
of causing drivers to ignore them at all times.
John Hopkins said that it was his understanding that Flood signs were
put out by individuals living close to known trouble spots, who were provided
with signs to display when relevant and paid a modest amount for the service by
the Council. To investigate this (Action: Graeme Clark)
6
Community Council Officer Details and copies of Constitutions
Diana Robertson said that a request had been received from Aberdeenshire Council for Community Council Officer Details and copies of constitutions. It was established that none of the Community Councillors other than those already notified to the Council wished to provide their personal details.
John Hopkins noted that the Council already had a copy of all Community Council constitutions (supplied at their insistence for approval by them). He felt that they should be encouraged to look in their files, rather than ask Community Councils to generate more waste paper.
7
Town Twinning Arrangement
A communication had been received by Aberdeenshire Council from the
Mayor of Sainte Croix in Picardie, Northern France, asking for any town interested
in twinning with Sainte-Croix. Those
interested were ask to contact the Mayor direct. Jenny Watson felt that twinning was an
outdated hang-over from the Second World War and a waste of public money. Nicola Chambury was in favour – perhaps
particularly for Crathes, which is of a similar size to Sainte-Croix (133
habitants in 2007). Nicola Chambury, Diana
Robertson and Ann Ross felt it would especially benefit the school children.
To put this into the next Newsletter (Action: Don Keith)
To raise this at the next “Crathes Fly” (Action: Nicola Chambury)
To contact the local
schools to see if they were interested (Action: Nicola Chambury and Diana Robertson)
8
Village Halls
Nicola Chambury noted that village halls were facing two related
problems. Many halls are run by
trustees, who are worried about potential liability for trustees or committee
members. Public Entertainment Licences
introduced by Aberdeenshire Council are unrealistic for village halls.
She said that many village halls in Aberdeenshire have trustees and are
investigating how to modernise ownership and management. John Hopkins pointed out that Kirkton of
Durris hall had become a company limited by guarantee and could advise on both
problems. Nicola replied that Crathes
Hall committee was already in discussion with the Kirkton committee. Linda Clark recommended also talking to Alan
Young of CVSA, and Nicola replied that the hall committee had already made an
appointment to see him.
Although the need for PELs was accepted, it was considered that – by
their “one size fits all” approach to drafting - Aberdeenshire Council had
imposed excessive and unnecessary requirements upon Village Halls, as was
pointed out by many village hall committees at the time. The Crathes Hall Committee is concerned that
if they do not fulfil the unrealistic terms of the PEL and there were to be a
disaster such as a fire with someone injured or killed, the hall committee may
lay themselves open to a charge of negligence, and thus prosecution and the
possibility of invalidating the insurance. Linda Clark noted that Alan Young
could advise on this also.
John Hopkins said that he saw little prospect of Aberdeenshire Council
revising its scheme to something more sensible, as a fair number of Village
Halls had already been browbeaten into registration.
He understood, however, that PELs only applied to events where the public were charged for entry. This
opened the way for Village Halls
to:-
·
Form themselves into
companies limited by guarantee
·
Instead of selling
tickets for events, sell 24-hour temporary Memberships of the Company and
restrict entry to the event to Members Only
·
There need be no limit
on making persons Members in this way
·
Because the public would
never be charged for entry, no PEL would be required
·
Members of the public
could still be admitted to events where there was no entry fee
9
Deeside Piper
Geoffrey Atkinson noted that there was always a gap in the local news section
of the Deeside Piper where the actions of other Community Councils were
covered. Did they receive copies of the
CDDCC minutes? (Yes, they do). To visit
the Deeside Piper office and find out what might be done (Action: Geoffrey Atkinson)
10 AOCB
10.1
It was agreed that the
recess would be in July.
11 Next Meeting
7.30 p.m. on 1 June at the Irvine Arms.
JFH
5 May 2010
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Distribution |
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Email |
Email |
Email |
Post |
Other |
|
CDDCC Councillors (excl. Jenny Watson) |
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Insp.
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Jenny Watson |
Website
http://www.durris.net/ (also for
previous minutes) |
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Cllrs. Linda Clark, Karen Clark, Jill Webster (Ward 16) |
Leanna
MacLarty (Press and Journal) |
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Banchory Public Library |
By
Hand |
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Cllrs. Peter Bellarby, Graeme Clark, Mike Sullivan, Wendy Agnew (Ward
18) |
Kirkton
of Durris Hall Notice Board (via |
PC |
Drumoak
Church Hall Notice Board (via Morag Keith) |
Park Shop (via |
|
Mr W Munro, Area Manager, Kincardine & Mearns |
Rev. |
Crathes Hall Notice Board (via Nicola Chambury) |
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Drumoak
Post Office (via |
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Mr L Allen, Area Manager, Marr |
Neighbourhood
Watch Co-ordinator – |
Local
Newsletter Editor (Don Keith) |
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Irvine
Arms (via |