environment committee 12 december at 7.30pm all saints ...agenda item 3 allotment considerations...
TRANSCRIPT
ichard Chapman, Town Clerk Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
Agenda
Notice of an extraordinary meeting of the Environment Committee 12
th December at 7.30pm
All Saints Room, Civic Hall, Didcot
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To find out about participation contact the Deputy Town Clerk.
Didcot Town Council
ichard Chapman, Town Clerk Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
Agenda
Agenda
1. To receive apologies.
2. To receive declarations of interests. Members are reminded to declare any
interests they may have on any item on this agenda in accordance with Didcot
Town Council’s code of conduct.
3. To note feedback from the Allotment Liaison Group and consider items
referred, and to consider other allotment issues arising
4. To consider how to dispose of the ‘Welcome to Didcot’ signs
5. To review the working groups referred for consideration from Council and
make a recommendation on their workings
6. To make a recommendation to Council in response to East Hagbourne Parish
Council’s offer to sell land at St Anne’s Close to Didcot Town Council
7. To consider whether in principle to support the suggestion of the WW1
Working Group to coordinate the ‘Silent Soldier’ initiative
Councillor Steve Connel
Chairman of the Environment Committee 6th December 2017
Voting members: Nominated Substitute Members
Cathy Augustine
Tim Bedford
Steve Connel
Bernard Cooper
Anthony Dearlove
Alan Thompson
Charles Robertson
Ben Shaw
Nick Hards
Tony Harbour
Des Healy
Ron Milton-Eldridge
Agenda item 3 Allotment considerations
Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
3 - 1
Environment Committee 12
th December 2017
Report author: Tom Hudson
Feedback and Issues Arising from Allotment Liaison Group Introduction
1. This report provides an update on the key feedback from the Allotment Liaison
Group meeting, and asks the Committee to consider issues that have been
agreed to be referred to the Environment Committee.
Recommendation
2. The Committee should note the feedback, raise questions on any areas requiring
further clarification and consider responses to the issues that have been referred.
Meeting Feedback
3. The Allotment Liaison Group meeting took place on 10th October. Councillor
attendees were Councillors Ms C Augustine and Mr S Connel.
4. The minutes for the meeting are not currently available, but below is a summary
of the key feedback for noting from the group:
a. Allotment holders generally support the proposed new charges (deposit
and late payment fee), but the suggestion that senior citizen’s discounts
should be set at pension age was disagreed with strongly. The
suggested alternative was to use 65 as a flat rate. Allotment holders
note that in order for a deposit system to be fair, the quality of
allotments handed over must be good.
Didcot Town Council
Agenda item 3 Allotment considerations
Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
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b. Burns are preferred to making skips available in the eyes of the
allotment holders.
c. Allotment holders are generally supportive of having one staff member
be responsible for allotments on the Town Council front desk.
d. The Allotment reps do not consider it necessary for the Town Council to
undertake a consultation with disability groups regarding provision of
allotments under the Equality Act, but do encourage wider
communication of the ability to accommodate particular needs.
e. Site reps will be drawing together a document to give their perspective
on what the Allotment Liaison Group is for and how it should run. This is
due to be agreed by the end of November 2017.
Issues Referred
5. In addition to the issues referred to above, a number of other issues have been
referred to this committee as requiring a decision
a. ‘Allotment holders have requested that they be able to use trained and
qualified dogs to clear muntjac from the allotments. This is lawful, but it
is against current Council policy of not allowing dogs on allotments.
There are also insurance implications - see ‘risk implications’ below for
details. The Committee is asked to decide whether to permit allotment
users to move muntjac off the allotment sites using dogs.
b. The Council has traditionally allowed a spring and an autumn burn
period on the allotments for a period of two weeks. In 2017 a summer
burn was permitted, with the proviso that it be reviewed. The Committee
is asked to decide on the number of burns to take place in 2018, and
suggestions for dates. Allotment holders have suggested April 3rd for a
spring burn to allow time to do their initial work over the Easter
weekend, and sometime in October for the autumn burn. Councillors
should note that October half term is from Saturday 20th October to
Sunday 28th October.
c. Allotment holders have suggested that suitable plots for disabled people
struggling to get access to plots or to carry water be identified. In order
to ensure that such plots are available to non-disabled users when there
is not demand from disabled users, whilst simultaneously not
disadvantaging those with a restricted choice of plots due to disability,
Councillors are asked whether they are happy for disabled users on
waiting lists to be given priority when plots identified as suitable for
disabled users become available.
d. The allotment representatives for New Road allotment requested that
the Town Council cut the grass on the paths at New Road allotments.
Agenda item 3 Allotment considerations
Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
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This is presently a responsibility that allotment holders have agreed to
do themselves and forms part of their tenancy agreement. However,
this is most easily achieved with a strimmer, and in light of the recent
break-ins, keeping strimmers on site does run counter to the Town
Council’s advice not to keep valuable equipment on site. Councillors are
asked to decide
i. Whether they wish grass cutting on the paths at the allotments to
be undertaken by allotment holders or Town Council officers, and
ii. If for the responsibility to lie with allotment holders for path
maintenance to include this within the remit of the Outdoor
Services Manager’s allotment inspections, or
iii. If for the cutting to be undertaken by Town Council officers,
whether, and if so, to what degree, the cost of this additional
work should be reflected in allotment rents.
e. The rules of the allotments are drawn from two sources – the tenancy
agreement and a supplementary list referred to in the tenancy
agreement. Allotment holder representatives have sought to draw these
into one document, and would like steps to be taken to increase
awareness of the rules amongst plot holders – including posting on site,
sending out with the tenancy agreement and other opportunities. The
list of rules proposed by the allotment holder representatives is attached
as an appendix to this report. Councillors are asked whether they wish
to:
i. Increase publicisation of the allotment rules
ii. To adopt the proposed list of rules or the proposed rule
suggested by a local resident (see below)
It is strongly recommended by the Deputy Town Clerk and the Outdoor
Services Manager not to adopt the proposed list of rules at this
Committee meeting. The proposed rules omit existing rules, include
policies that would have significant implications for current plot holders,
and introduce new policies that, if followed, would have significant
budgetary implications. In addition, the Council has been contacted by a
local resident requesting that the gate-locking policy be changed to
"When unattended, gates (if installed) should be closed and locked by
the last person leaving the site,” which is in contrary to those proposed
by the allotment holder representatives. The resident’s suggestion is
based on both the grounds of health and safety, and access for Didcot
residents to the allotments. It is advised that the Committee agree the
operation of the existing rules and defer consideration of the rules until
a working group can be established and Councillors have time to
Agenda item 3 Allotment considerations
Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
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explore and understand the implications of the changes that they are
making.
f. At its meeting on 16th January 2017 the Environment Committee agreed
to make smaller plots available to allotment holders. Advice from the
Outdoor Services Manager and allotment site reps is that only certain
plots are suitable in terms of size and/or access to be made into half
plots. Councillors are asked to decide whether to give permission for the
Outdoor Services Manager to agree a list with allotment representatives
the plots that may be made into half plots if required by allotment
applicants.
6. Councillors have requested that they be updated on the Council’s current policy
of ‘concessions’, and specifically whether any concessions are made to those
allotment holders on low incomes. Presently, the Council operates concessions
for senior citizens (defined as ‘those of pensionable age’), but not for those with
disability or those on low-incomes. Should Councillors wish to update this policy
it is advised that it is amended for future applicants only, and taken as an interim
measure for the issue to be included in a future allotment review.
7. Should Councillors feel that there is insufficient information on which to make a
decision on any of the above, they are advised to defer making a decision and
request that a full report be provided to the next Environment Committee
meeting.
Legal Implications
8. Regarding 5c) waiting lists, Councillors must have due regard to what applicants
for an allotment would deem ‘fair’, which means that so long as what is proposed
lies within this test they need not hold strictly to giving out plots in chronological
order of application.
Financial Implications
9. Regarding 5d), any decision to make officers responsible for cutting the grass on
allotment paths will have a financial cost in terms of staff time. The degree to
which this is mitigated is dependent on whether to absorb of pass on this cost to
allotment holders. The budget for 2018/19 is set already due to allotment rents
being set a year in advance, and a recommended set of charges for 2019/20 has
been agreed for the Finance and General Purposes Committee to consider. If the
Agenda item 3 Allotment considerations
Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
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Committee wishes to pass on the additional cost of maintenance to allotment
holders it will be necessary to make another recommendation to Finance and
General Purposes.
10. Changes to the definition of concessionary allotment charges will, depending on
the changes made, increase or decrease allotment rental income.
Risk Implications
11. Regarding 5a) the use of dogs to clear Muntjac, allotment holders are permitted
to keep rabbits and chickens on allotment plots. Given that it is the policy of the
Council not to allow dogs on the allotments, if any damage were to be caused by
a dog on the allotment the Council could be deemed to be negligent and liable to
pay damages. If Councillors are minded to give permission, it is advised that
reasonable steps to reduce the risk of this happening by requiring a risk
assessment, method statement and public liability insurance from the owner of
any dog on site.
Appendix 1 Allotment holder representative suggested rules
DIDCOT TOWN COUNCIL – ALLOTMENT RULES
In accordance with Item 7 of the Tenants’ Agreement,
Allotment Holders are required to comply with the following Rules
1. Security arrangements relating to each Council Allotment Site must be strictly observed.
2. Allotment plots are to be kept clean from rubbish, clear of weeds and in a good condition.
3. The 1-metre width of paths around allotment plots set out by the Council must not be obstructed, diverted or reduced in size.
4. Tenants shall not, without Council consent, erect any building on their allotment plot. This includes sheds, poly-tunnels and greenhouses. Details of sizes, materials, etc can be obtained from the Council office.
5. No dogs (except Support Dogs) are allowed under any circumstances on Council allotment sites.
6. No bonfires are permitted other than on dates authorised by the Council in Spring and Autumn.
7. No dumping on site or importing of any garden waste/soil onto the allotment plot is permitted.
8. Any fruit tree planted by a Tenant must be of the DWARF variety only.
9. Tenants are restricted to a maximum number of six hens on one plot (or rabbits for consumption only) irrespective of the number of plots rented.
10. Tenants are not to cause a nuisance or annoyance to the occupier of any other allotment plot.
11. Action will be taken against any person causing malicious damage to Council property.
12. When a Tenant’s Agreement is terminated the gate key(s) must be returned to the Council.
13. Tenants must observe and perform any special conditions which the Council consider necessary to comply with conditions and/or covenants under which the Council hold the land or which the Council may consider necessary to introduce for any other reason.
Allotment Tenants will be given written notice when such conditions are introduced.
Agenda item 4 ‘Welcome to Didcot’ signs
ichard Chapman, Town Clerk Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
4 - 1
Environment Committee 12
th December 2017
Report author: Tom Hudson
Disposal of the Old ‘Welcome to Didcot’ Signs Introduction
1. The Committee is asked to decide on the best means of disposal for the
‘Welcome to Didcot’ signs that were replaced in 2015.
Recommendation
2. That the Committee considers the report, decides whether it wishes to make a
recommendation to Council on how to dispose of the old ‘Welcome to Didcot’
signs, and if so, decides whether to make the recommendation below or to
formulate an alternative:
3. Suggested recommendation to Council, that:
- Didcot Town Council dispose of its ownership of the old ‘Welcome to Didcot’
signs in favour of the Mayor, and
- The Mayor dispose of the signs for the benefit of the town and her charities in
such ways as she sees fit, and
- The Mayor reports back to Council following the disposals with details of the
number sold, the amount of money raised, the number of any gifted and the
recipients of any gifted signs.
Background
4. In 2015 undertook a replacement of the Town’s ‘Welcome to Didcot’ signs. (A
photo of one of the signs is included at the end of the report.)
Didcot Town Council
Agenda item 4 ‘Welcome to Didcot’ signs
ichard Chapman, Town Clerk Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
4 - 2
5. The value of the signs is not known, but they are considered to be of historical
interest to some groups and likely retain a value beyond scrappage value.
6. At the Environment Committee meeting held on 16th November 2015, minute 203
it was RESOLVED that the old signs be auctioned off at the Civic Awards
Evening to raise funds for the Mayor’s Charities. This auction did not take place
at the Civic Awards Evening due to the signs being physically unavailable at the
time. The signs remain in the possession of the Town Council.
7. Investigation into alternative platforms for auctioning the signs indicated that an
online auction would be likely to raise a higher amount of money.
8. Subsequent advice from OALC was that instead of the Council auctioning the
signs and donating the funds to charity, a more straightforward process would
simply be to donate the items themselves.
9. Previous discussions have also sought to establish interest from other groups
within the Town for a sign – particularly the Twinning Association and Didcot
Railway Centre. It is understood that the Twinning Association are no longer
interested due to the physical size of the signs and difficulties regarding transport,
but it is thought that the Railway Centre interest remains. Councillors should note
the difference between the suggested recommendation and the decision of the
Environment Committee on 16th November 2015 and decide whether they
consider it appropriate that the beneficiaries of any disposal beyond the Mayoral
charities be extended to include organisations whose ownership of a sign would
be of benefit to the whole town.
Financial Implications
10. The scrappage value of the signs is likely to be low due to their cast-iron
construction. As items of historical interest their resale value is likely to be higher,
but because of their unique nature it is impossible to identify a likely price.
11. There is an opportunity cost to the Town Council of disposing of any items. If the
suggested recommendation were to be followed, the opportunity cost would be
the inability to retain the value of the sold items.
Legal Implications
12. The Council does not currently have an adopted asset disposal policy. However,
a draft was agreed at Finance and General Purposes on 20th November and is
due to be considered for adoption at Council on 8th January.
Agenda item 4 ‘Welcome to Didcot’ signs
ichard Chapman, Town Clerk Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
4 - 3
13. Section 3.10 of the draft policy states that ‘There will be occasions where assets
have only a nominal value and are obsolete to the Council, but may be of use to
another organisation e.g. a charity. In these instances the Town Clerk will take a
report to the Finance and General Purposes Committee or Environment
Committee as appropriate to seek a recommendation to Full Council for disposal
outside the normal scope of this policy.’
14. As the asset disposal policy has not been adopted by Council, this is only
advisory but has been followed in this instance.
Risk Implications
15. None
Appendix 1
Example of the ‘Welcome to Didcot’ signs
Agenda item 5 Working Group/Sub-committee review
Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
5 - 1
Environment Committee 12
th December 2017
Report author: Tom Hudson
Town Council Working-group/Sub-Committee review Introduction
1. The Committee is asked to make a recommendation to Council on the
governance of those working groups referred to it by Council.
Recommendation
2. That the Committee considers the working groups referred to it by Council and
makes a recommendation to Council for each on the following:
- Whether the working group or sub-committee should continue. And, if so
- Whether the meeting should be classified as a working group or a sub-
committee
- To establish or refresh governance arrangements as per the questions posed
in the attached appendix.
Background
3. At its meeting on 6th November, Council resolved to undertake a review of its
working groups and sub-committees.
4. The following were referred to the Environment Committee for consideration
- Town Fayre Working Group - World War 1 Working Group - Allotment Liaison Group - Cemetery Working Group
Didcot Town Council
Agenda item 5 Working Group/Sub-committee review
Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
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5. The original report submitted to Council is attached as an appendix to provide
Financial Implications
6. Councillors should note the officer time in administering and venue costs
associated with working groups
Legal Implications
7. Councillors should note the differences referenced in the appended report on the
legal and practical differences between a sub-committee and working group.
Risk Implications
8. None
Appendix 1 Previous report to Council
Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
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Ordinary meeting of Council 6
th November 2017
Report author: Tom Hudson
Proposed review of Town Council Working Groups/Sub-committees
Introduction
1. This report seeks to inform the Council of the current working groups and sub-committees it administers, and asks Council whether it wishes to review and formalise these groups in order to ensure that they are meeting the Council’s needs.
Recommendation
2. That Council refers each working group and sub-committee listed to the Committee suggested in Appendix 1, asking that the Committee decide and make a recommendation to Council on the following:
a. Whether the working group or sub-committee should continue. And if so,
b. Whether the meeting should be classified as a working group or sub-committee
c. To establish or refresh governance arrangements as per the questions posed in Appendix 2
Background
Defining Sub-Committees and Working Groups
3. The Town Council administers a number of working groups/sub-committees, a full list of which is included within Appendix 1.
4. Working groups and sub-committees are not identical. A sub-committee is more formal than a working group; it requires a formal appointment by Council or an
Didcot Town Council
Appendix 1 Previous report to Council
Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
11 - 2
existing committee and terms of reference.1 Sub-committees are subject to the Town Council’s Standing Orders, which determine how they are run.2 In many respects, sub-committees reflect committees and Council meetings in that they require the following to be adhered to:
a. The requirement for an appointed Chairman3
b. The means by which a meeting can be called4
c. The management of public participation5
d. The management of motions without notice, closure motions or expenditure motions6
e. The existence and treatment of minutes7
f. The rules of debate8
g. The requirement for public accessibility to meetings and provision for the press9
The flip-side to the degree of regulation is that a sub-committee may make decisions on behalf of the Council so long as it has been given the power to do so.
5. A working group is less formal. Whilst they often are set up on the recommendation of a committee, and it is good practice for them to have terms of reference, the key differences are that they are not bound by Standing Orders, and that they do not have the power to make decisions on behalf of the Council but must instead refer their comments to the appropriate committee to be actioned.
6. Below is a list of the working groups and sub-Committees run by the Town Council with a list of the elements of working groups and sub-Committees. A green box means ‘yes,’ a red box means ‘no’ and an amber box means ‘partially’.
1 Local Councils Explained, 2013 ed. , p.130
2 Standing Orders 85-86
3 Standing Order 9
4 Standing Orders 13 – 14
5 Standing Orders 18 - 20
6 Standing Orders 42 - 44
7 Standing Orders 49 - 53
8 Standing Orders 54 – 72, except 52 and 54
9 Standing Orders 109 - 110
Appendix 1 Previous report to Council
Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
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Established and members appointed by Council/ Committee
Terms of Reference Abides by Standing Orders
Makes decisions on behalf of the Council
Town Fayre working group
Currently only advisory but has historically run the Fayre
WW1 working group
Has agreed where memorial benches and seats are situated
Allotment liaison group
E-comms working group
S.106 working group
Recognised by Council and Finance and General Purposes, but seemingly not established by either
Not currently meeting
Cemetery working group
Scope agreed at first meeting, but not terms of reference
Traffic advisory group
Largely does, but not entirely. The most formal on the list.
Rarely – a small number of letters have been sent
7. It is clear that the current set up shows a preference for working groups as none fully meet the criteria for sub-Committees.
8. The absence for most groups of terms of reference means that whilst their existence might be reflective of the will of Council, the way they operate might not. This may particularly be the case with reference to reporting to Councillors and the involvement of non-Council members.
9. The presence of amber boxes regarding establishment and decision-making is a strong signal that Council must clarify the position and authority of these groups in particular in order to ensure any future activity enables the Council to remain intra vires in its decision-making.
Legal Implications
10. None in referring the matters to a Committee for review
Financial Implications
11. None in referring the matters to a Committee for review.
Risk Implications
12. None in referring the matters to a Committee for review
Agenda item 11: Appendix 1 – List of current groups and suggested committee for
consideration
Group Suggested Committee to Consider
Town Fayre working group Environment Committee
WW1 working group Environment Committee
Allotment liaison group Environment Committee
E-comms working group Finance and General Purposes Committee
S.106 working group Finance and General Purposes Committee
Cemetery working group Environment Committee
Traffic advisory group Planning and Development Committee
Appendix 2 Review template
Working Group
Name of Working Group
Membership Who should be part of the group, and what rights do they have in decision-making?
Purpose Why does it exist? What does it seek to achieve?
Task and finish/ongoing? If task and finish, please define the date or output that marks the groups closure
Meetings Does the group meet in person or virtually? How often should it meet, and should it meet in the day time or evening?
Reporting How should the business be reported and to whom?
Minutes published Are minutes required, and who should they be sent to?
Public attendance Can the public attend, can they participate and are there any rules around this?
Appendix 2 Review template
Sub-Committee
Name of Sub-Committee
Membership Who should be part of the sub-committee?
Purpose
Meetings How often should it meet, and should it meet in the day time or evening?
Powers What areas can the sub-Committee consider, and what decisions can it make on behalf of the Council?
Budgets Does the sub-committee have any budgetary powers?
Agenda item 6 Land at St Anne’s Close
Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
6 - 1
Environment Committee 12
th December 2017
Report author: Tom Hudson
Enquiry Concerning the Purchase of Land at St Anne’s Close Introduction
1. East Hagbourne Parish Council has approached Didcot Town Council to
ascertain whether the Town Council would be interested to purchase a parcel of
land at St Anne’s Close.
Recommendation
2. That the Committee considers the report, decides whether it wishes to take
ownership of land at St Anne’s Close and formulates a recommendation to
Council accordingly.
Background
3. East Hagbourne Parish Council own a parcel of land at St Anne’s Close (in red
on the third page of the title plan, which is attached as an appendix to this report).
4. The land itself is encircled by land owned by South Oxfordshire District Council
and contains a play area.
5. East Hagbourne Parish Council have agreed to offer to sell the land to Didcot
Town Council for the price of £1 and would like to know whether Didcot Town
Council are interested in the proposal.
Financial Implications
6. The play area on the land is approaching the point where it would require
replacement. If Didcot Town Council were to become the landowner, it would be
responsible for either updating or removing the play area. For comparison of the
costs involved in doing so the play area at Marsh Rec, admittedly significantly
Didcot Town Council
Agenda item 6 Land at St Anne’s Close
Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
6 - 2
larger, cost over £70,000 and the removal of the Mendip Heights play area cost
£10,000. By taking on ownership of the land the Town Council would be taking on
a significant liability also.
7. Play equipment inspections are advised by ROSPA, the Royal Society for the
Prevention of Accidents, to take place visually on a weekly basis and with formal
inspection on a monthly basis. The staff time taken to undertake this work attracts
a financial cost.
8. The land itself is of little value financially due to the nature of the restrictive
covenants which preclude development, as does the fact it is encircled by land
owned by South Oxfordshire District Council.
9. Whilst the purchase cost is negligible, purchase of the land would incur
professional fees to pay for the conveyance.
Legal Implications
10. Ownership of the land in question, should the play area be maintained, would
mean the Town Council would have a duty to ensure the safety of legal users of
the play area under the Occupier’s Liability Act. Failure to meet the duty of care
resulting in damage, such as a child hurting themselves on a poorly-maintained
bit of equipment, could lead to a claim for damages against the Town Council.
Risk Implications
11. The play area would need to be added to the Town Council’s risk register and
insured.
Title Number : ON246022
This title is dealt with by HM Land Registry, Gloucester Office.
The following extract contains information taken from the register of the above titlenumber. A full copy of the register accompanies this document and you should read thatin order to be sure that these brief details are complete.
Neither this extract nor the full copy is an 'Official Copy' of the register. Anofficial copy of the register is admissible in evidence in a court to the same extentas the original. A person is entitled to be indemnified by the registrar if he or shesuffers loss by reason of a mistake in an official copy.
This extract shows information current on 14 SEP 2017 at 11:13:58 and so does not takeaccount of any application made after that time even if pending in HM Land Registrywhen this extract was issued.
REGISTER EXTRACT
Title Number : ON246022
Address of Property : Play area at The Greenings, St Hilda's Close, Didcot
Price Stated : £1
Registered Owner(s) : EAST HAGBOURNE PARISH COUNCIL of 30 Blewbury Road, EastHagbourne, Didcot, Oxfordshire OX11 9LF.
Lender(s) : None
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This is a copy of the register of the title number set out immediately below, showingthe entries in the register on 14 SEP 2017 at 11:13:58. This copy does not take accountof any application made after that time even if still pending in HM Land Registry whenthis copy was issued.
This copy is not an 'Official Copy' of the register. An official copy of the registeris admissible in evidence in a court to the same extent as the original. A person isentitled to be indemnified by the registrar if he or she suffers loss by reason of amistake in an official copy. If you want to obtain an official copy, the HM LandRegistry web site explains how to do this.
A: Property RegisterThis register describes the land and estate comprised inthe title.OXFORDSHIRE : SOUTH OXFORDSHIRE
1 The Freehold land shown edged with red on the plan of the above Titlefiled at the Registry and being Play area at The Greenings, St Hilda'sClose, Didcot.
2 (18.02.2004) The Transfer dated 17 October 2003 referred to in theCharges Register contains the following provision:-
"The Transferee shall be responsible for maintaining the fenceenclosing the play equipment and the general maintenance and repair ofthe play equipment and shall indemnify the Transferor from and againstthe consequences of any future breach non observance or non-performanceor any claim for damages on the Land"
B: Proprietorship RegisterThis register specifies the class of title andidentifies the owner. It contains any entries thataffect the right of disposal.
Title absolute1 (18.02.2004) PROPRIETOR: EAST HAGBOURNE PARISH COUNCIL of 30 Blewbury
Road, East Hagbourne, Didcot, Oxfordshire OX11 9LF.
2 (18.02.2004) The price stated to have been paid on 17 October 2003 was£1.
C: Charges RegisterThis register contains any charges and other mattersthat affect the land.1 (27.04.1992) A Transfer of the land in this title and other land dated
6 April 1992 made between (1) Frederick Arthur Charles Napper (FirstTransferor) (2) Wates Built Homes Limited (Second Transferor) and (3)Westbury Homes (Holdings) Limited (Transferee) contains the followingcovenants:-
"The Transferee hereby covenants with the Second Transferor for thebenefit of the Adjoining Lands to observe and perform the restrictivecovenants and stipulations set out in the Third Schedule hereto.
THE THIRD SCHEDULE ("the Restrictive Covenants")
1. Not to build any buildings or other structures on the Propertyother than private dwelling units (whether or not with ancillarygarages and outbuildings) and electricity sub-stations gas governorstations sewage pumping stations and similar facilities for use inconnection therewith
Title number ON246022
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C: Charges Register continued2. To ensure that no part of the Property shall be used for anypurpose other than as or incidental to private dwelling units(including garages outbuildings sub-stations gas governors pumpingstations and similar facilities or public open spaces)
3. To ensure that nothing shall be done which may lessen the supportor protection given by the Property to the Adjoining Lands or theRetained Land
4. Not to interfere with or obstruct any proposed sight lines requiredby the Highway Authority in connection with the adoption of any of theroads and footpaths on the Adjoining Lands."
2 (27.04.1992) The land is subject to the following rights reserved bythe Transfer dated 6 April 1992 referred to above:-
"The Property is transferred subject to the rights set out in theSecond Schedule hereto in favour of the Second Transferor and theAdjoining Lands.
THE SECOND SCHEDULE ("the Exceptions and Reservations")
The right for the Second Transferor and all persons authorised by it(jointly with any other persons having a similar right and subject tothe qualifications detailed in the Fourth Schedule) to enter upon theProperty (other than the site of any electricity sub-station gasgovernor kiosk sewage pumping station or similar installations or anypart thereof as shall at that time be covered by buildings or intendedto be covered by buildings pursuant to an extant planning permission)so far as may be necessary for the purposes of connecting to inspectingmaintaining repairing or renewing St Hilda's Close and the ServiceInstallations comprised in the Adjoining Lands and complying the termsof any Road Agreement or Sewer or Water Agreement made by the SecondTransferor with the appropriate authority."
3 (09.12.2003) A Transfer of the land in this title and other land dated17 October 2003 made between (1) Westbury Homes (Holdings) Limited(Transferor) and (2) South Oxfordshire District Council (Transferee)contains the following covenants:-
"The Transferee covenants with the Transferor not to use the Propertyfor any purpose other than as open space as defined in the Town andCountry Planning Act Section 336"
4 (18.02.2004) A Transfer of the land in this title dated 17 October 2003made between (1) South Oxfordshire District Council (Transferor) and(2) East Hagbourne Parish Council (Transferee) contains covenantsidentical with those contained in the Transfer dated 17 October 2003referred to above.
End of register
Title number ON246022
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This is a copy of the title plan on 14 SEP 2017 at 11:13:58. This copy does not take account of any application made afterthat time even if still pending in HM Land Registry when this copy was issued.
This copy is not an 'Official Copy' of the title plan. An official copy of the title plan is admissible in evidence in a court tothe same extent as the original. A person is entitled to be indemnified by the registrar if he or she suffers loss by reasonof a mistake in an official copy. If you want to obtain an official copy, the HM Land Registry web site explains how to dothis.
HM Land Registry endeavours to maintain high quality and scale accuracy of title plan images.The quality and accuracyof any print will depend on your printer, your computer and its print settings.This title plan shows the general position,not the exact line, of the boundaries. It may be subject to distortions in scale. Measurements scaled from this plan maynot match measurements between the same points on the ground.
This title is dealt with by HM Land Registry, Gloucester Office.
Agenda item 7 Silent Soldier
Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
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Environment Committee 12
th December 2017
Report author: Tom Hudson
Silent Soldier Initiative Introduction
1. The Committee is asked to decide whether it wishes to accept the suggestion of
the World War 1 Working Group that the Town Council investigate the appetite
within the town for the Silent Soldier initiative, with a view to coordinating it if
there is sufficient interest.
Recommendation
2. That the Committee decides whether it supports the idea of Didcot running a
Silent Soldier initiative and for it to be coordinated by the Town Council and, if so,
to authorise officers to
- Identify a minimum number of Silent Soldier figures required to have a
meaningful impact on the town and the costings at this level
- To work with Didcot Royal British Legion to agree a joint letter in support of
the scheme to be sent out to locally-operating businesses, schools, sports
and community groups, and religious organisations to canvass interest and
commitment
- To provide a progress update to the Environment Committee at its meeting on
15th January 2017 on which to decide whether to progress.
Background
3. At the most recent meeting of the World War 1 working group it was agreed that
the Environment Committee be asked to decide whether it wished to investigate
the interest within Didcot for the Silent Solider initiative with a view to the Town
Council coordinating interest from across the town if such interest existed.
Didcot Town Council
Agenda item 7 Silent Soldier
Council Offices, Britwell Road Didcot OX11 7HN
Phone: 01235 812637 www.didcot.gov.uk
E-mail: [email protected] Fax: 01235 512837
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4. The Silent Soldier initiative is organised by the Royal British Legion which
provides silhouetted solider figures from World War 1 for public placement as a
means of commemorating those soldiers who died in World War 1.
5. The figures come with space at the bottom to allow individuals, companies or
other organisations to name them, making them suitable for attracting
sponsorship.
6. Across the Berkshire branch of the Royal British Legion (in whose area Didcot
falls within) the initiative is expected to be run from November 2017 until
December 2018, meaning that it will already have begun.
7. The money raised by the initiative supports the work of the Royal British Legion.
8. The Royal British Legion leaflet is provided at the end of this report with further
information and includes pictures of the Silent Soldiers.
Financial Implications
9. None in canvassing interest
Legal Implications
10. None
Risk Implications
11. None