minutes of the meeting of the council wednesday 21st february … · 2018-03-13 · minutes of the...

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Minutes of the Meeting of the Council Wednesday 21 st February 2018 at 7.30 p.m. Clifford Village Hall Present: Councillors N. Fawcett (Chairman), G. Allan, T. Blackmore, D. Hill, C. Lund, O. Milligan, S. Park, A. Shaw In Attendance: P Seed (Clerk) Alan Lamb (Ward Councillor) Stephen Hall (Chair of Governors Boston Spa Academy) 4 members of the public 18/18 Apologies for absence: Cllr P. O’Brien 18/19 Crime Report The PCSO had provided a written report that there had been 6 crimes in January. There has been a significant increase in the number of theft of car keys from houses in the area. 18/20 Declarations of Interest & Notifications of changes in the Members’ Register of Interest. None. 18/21 Public Participation Session A resident noted that there had been cars speeding along the High Street. The Traffic & Highways Working Group will raise the issue with an officer of Leeds Highways Department. 18/22 The Minutes of the meeting held on 17 th January 2018, previously circulated, were confirmed and signed by the Chairman. 18/23 Boston Spa School Mr Hall explained the reasons for the Governors deciding to become an Academy in partnership with the Gorse Academy trust. Application submitted in May but discovered in November that the Leeds education had objected to the proposal. In January informed that the LCC plan was to close Boston Spa and merge with Wetherby on the Wetherby site. Mr Hall clarified that the Governing Body only had a single plan which was to become an Academy in partnership with The Gorse Academies Trust and they have no other plan. Decision by central government deferred for consultation to be carried out by end of March. Cllr Lamb agreed with the outline of events and stated that it had been handled appallingly by the Council. The issue is with falling school numbers in the North East of Leeds. Both schools are significantly below capacity. Projection shows further decline even taking into account new house building. He confirmed that there will be a consultation with residents on whether there should be one or two school and that a letter will be sent to every household. Those present raised concerns that the figures used by Leeds City Council on projected numbers had not been accurate in the past and so may well be wrong in this case. 18/24 Chairman’s Business. The Chairman had no business to report. 18/25 Clerk’s Report. Nothing to report. 18/26 Neighbourhood Plan Community Projects. Nothing to report. 18/27 Approval of Expenditure on Capital Projects The Council considered each item on the list to decide if it was to be approved for implementation and, if so, the most appropriate source of funding. A higher priority to be given to those projects which supported the implementation of the outcomes included in the Neighbourhood Plan. It was noted that the purpose of the Community Infrastructure Levy was to enhance infrastructure where new housing developments put pressure on existing facilities. A higher priority for CIL funding to be given to projects which benefited the residents of the wider area rather than just the residents of Clifford. The table below summarises the resolutions:

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Page 1: Minutes of the Meeting of the Council Wednesday 21st February … · 2018-03-13 · Minutes of the Meeting of the Council Wednesday 21st February 2018 at 7.30 p.m. Clifford Village

Minutes of the Meeting of the Council Wednesday 21st February 2018 at 7.30 p.m.

Clifford Village Hall Present: Councillors N. Fawcett (Chairman), G. Allan, T. Blackmore, D. Hill, C. Lund, O. Milligan, S. Park, A. Shaw In Attendance: P Seed (Clerk)

Alan Lamb (Ward Councillor) Stephen Hall (Chair of Governors Boston Spa Academy)

4 members of the public 18/18 Apologies for absence: Cllr P. O’Brien 18/19 Crime Report The PCSO had provided a written report that there had been 6 crimes in January. There has been a significant increase in the number of theft of car keys from houses in the area. 18/20 Declarations of Interest & Notifications of changes in the Members’ Register of Interest. None. 18/21 Public Participation Session A resident noted that there had been cars speeding along the High Street. The Traffic & Highways Working Group will raise the issue with an officer of Leeds Highways Department. 18/22 The Minutes of the meeting held on 17th January 2018, previously circulated, were confirmed and signed by the Chairman. 18/23 Boston Spa School Mr Hall explained the reasons for the Governors deciding to become an Academy in partnership with the Gorse

Academy trust. Application submitted in May but discovered in November that the Leeds education had objected to

the proposal. In January informed that the LCC plan was to close Boston Spa and merge with Wetherby on the

Wetherby site. Mr Hall clarified that the Governing Body only had a single plan which was to become an Academy in

partnership with The Gorse Academies Trust and they have no other plan. Decision by central government deferred

for consultation to be carried out by end of March. Cllr Lamb agreed with the outline of events and stated that it had

been handled appallingly by the Council. The issue is with falling school numbers in the North East of Leeds. Both

schools are significantly below capacity. Projection shows further decline even taking into account new house building.

He confirmed that there will be a consultation with residents on whether there should be one or two school and that a

letter will be sent to every household.

Those present raised concerns that the figures used by Leeds City Council on projected numbers had not been accurate in the past and so may well be wrong in this case. 18/24 Chairman’s Business. The Chairman had no business to report. 18/25 Clerk’s Report. Nothing to report. 18/26 Neighbourhood Plan Community Projects. Nothing to report. 18/27 Approval of Expenditure on Capital Projects The Council considered each item on the list to decide if it was to be approved for implementation and, if so, the most appropriate source of funding. A higher priority to be given to those projects which supported the implementation of the outcomes included in the Neighbourhood Plan. It was noted that the purpose of the Community Infrastructure Levy was to enhance infrastructure where new housing developments put pressure on existing facilities. A higher priority for CIL funding to be given to projects which benefited the residents of the wider area rather than just the residents of Clifford. The table below summarises the resolutions:

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18/28 Lead Members & Committee Representatives Received:

i. St Edwards Wood: Tree work has been completed. ii. YLCA: Town & Parish Charter to be reviewed. iii. War memorial Listing – English Heritage are to make a recommendation as to whether the war memorial

should be listed. It was noted that this would provide additional protection..

18/29 Planning Matters Received: verbal reports that

a) Decisions known or received i) ) First floor side extension. 4 Lea Croft - Approved ii) Two storey & single storey side extension & canopy to the front; additional vehicle access with driveway and

new boundary fence to front. 54 High Street - Approved b) To receive an update on Planning Applications considered by the Planning Working Group

i) Temporary static caravan for a period of three years. Land adjacent to Clifford Moor Farm, Rhodes Lane – under consideration ii) First floor extension with balcony to front incorporating alterations to garage/storage area to form habitable rooms; two storey & first floor rear extension; single storey side extension & canopy to other side. Westfield Lodge, Westfield Lane – under consideration iii) Outline application for demolition of existing children’s nursery; erection of new nursery, nine residential dwellings; new vehicle access points & associated works. High Trees Nursery, Cinder Lane – under consideration iv) Two storey side extension. Willow Cottage, Willow Lane – supported v) Single storey rear extension. 4 St Edwards Wood – supported vi) One Dwelling. Blythe House, St Johns Road – under consideration

c) A response has now been received to the concerns raised over the inconsistency of decisions made by LCC Planning Officers. The Planning Working Group will draft a response

Capital Project Proposals - Financial Summary

Project

Budget

Cost

First

Payment Approved

Funding

Source Notes

Additional bus shelters 15,000£ Aug-18 Deferred N/A

Nobody to lead on implementation. In line with Neighbourhood Plan

Community Project CCP-18

Boost uptake of public transport 750£ Apr-18 Deferred N/A As Above

Trial of bus service to York 4,750£ Feb-19 Deferred N/A As Above

Allotment car park 2,300£ Mar-18 Yes PIR EMF1 Not suitable for CIL Funds as, although significant use by non-Clifford

residents, no increase in facilities. Supports Neighbourhood Plan Policy GS-

1 on protecting & enhancing green spaces.

Muddy Lane Improvement 500£ Mar-18 Yes PIR EMF1 As Above.

Mains Electricity CCSG 33,000£ Apr-18 Yes CIL Large & increasing number of users. Many from Boston Spa, Bramham &

Collingham. Improvement would allow greater use by community groups.

Supports Neighbourhood Plan Community Project CCP-05.

Building Refurbishment -

Clifford Community Sports

Ground

37,000£ Sep-18 Yes CIL As Above.

Car Park - Clifford Community

Sports Ground

14,500£ Jul-19 Yes CIL As Above.

Village Hall Extension 50,000£ Jan-19 Yes CIL Large & increasing number of users. Many from Boston Spa, Bramham &

Collingham. Improvement would allow greater use by community groups.

Supports Neighbourhood Plan Policy BE-1 - Enhance Village Hall &

Grounds.

St Edward's Wood 1,600£ Jul-18 Yes EMF2 Not suitable for CIL Funding. Neighbourhood Plan Community Project CCP-

03

Move of Village Green 2,800£ Mar-18 Yes NP

Budget

Line

Neighbourhood Plan Policy BE-1 - Enhance Village Hall & Grounds

Traffic Plan 600£ Jul-18 Yes NP

Budget

Line

Neighbourhood Plan Community Project CCP-14 to support Policy DEV-3

Parking..

1 Parish Improvement & Repair Ear Marked Fund2 St Edward's Wood Earmarked Fund

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18/30 Financial Matters

a) It was noted that the following receipts had been received: i) Allotment rents for 2018 from CAHA (part payment) £ 207.50

b) The following payments were confirmed to be made by cheque: i) Clerk’s salary & expenses £ 395.65 ii) HM Revenue & Customs (Tax on clerk’s salary) £ 99.00 iii) Royal British Legion (Grant for WW1 Commemoration Trip) £ 100.00 iv) Azure Tree Services (tree work St Edwards Wood) £1,150.00 v) Leeds City Council (Environmental survey 17/172 refers) £2,000.00 vi) Yorkshire Water (Community Sports Ground) £ 14.88

18/31 General Data Protection Regulations The report was noted and the action plan agreed. [Cllr Lund left the meeting] 18/32 Northways Grass Cutting It was resolved that the contract with Baxter & Associates be extended to include grass cutting at Northways. 18/33 Installation of Kissing Gates on Footpath No.1 It was resolved that the Council pay up to £300 for the kissing gates on Footpath No.1 & that reimbursement be obtained from Leeds City Council. 18/34 Website Improvements

Deferred for costs to be ascertained.

18/35 Allotment Improvements

It was resolved to reimburse Clifford Allotment Holders Association, up to a value of £75 from the earmarked

Allotment Fund, for hedging plants and repair to boundary hedges.

18/36 Appointment of the Internal Auditor

It was resolved that the public be excluded for the next item.

It was resolved to appoint Mr Richard Dorsey as the Council’s Internal Auditor.

18/37 Correspondence Update (other than that relating to specific agenda items)

None

18/38 Other reports/Notification of items for next/future meetings

It was noted that any reports/agenda items for the March meeting need to be with the clerk by Tuesday 13th March 2018 There being no further business, the Chairman declared the meeting closed at 9.50pm.

Signed…………………………………………………………..Chairman Date

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www.leeds.gov.uk switchboard : 0113 222 4444

Councillor Gerald Wilkinson Councillor John Procter Councillor Alan Lamb Conservative Group Office 2nd Floor East Civic Hall Leeds LS1 1UR Tel: 0113 37 88557 Our Ref: GW/JP/AL/ 2 February 2018

Dear fellow resident, We are writing this public letter, as your elected Ward Councillors, in response to a communication issued by the Head teacher of Boston Spa School on 31 January 2018. We were disappointed to read the Head teachers letter which is inaccurate, misleading, alarmist and irresponsible. The letter has caused unnecessary concern and distress, amongst pupils who attend Boston Spa and Wetherby secondary schools and their families. Here are the facts: There will be no snap closure of Boston Spa or Wetherby High schools. Your Ward Councillors will hold a public meeting for all to express their views. A Government Minister will now decide whether Boston Spa School can become an academy, in partnership with the Gorse Academies Trust Ltd. The Minister has three options.

1. Allow the application by Boston Spa School to go ahead and partner with the Gorse

Academies Trust Ltd.

2. Reject the application.

3. Defer any decision to consider schooling and school places across the wider district.

The Minister is likely to rule on the matter within the month.

We are further aware of two proposals that have been put to the Regional Schools Commissioner

regarding secondary school provision in our area.

1) Boston Spa School and the Gorse Academies Trust Ltd. have proposed a merger with

Wetherby High school, they would then close Wetherby High School and relocate all pupils

to the existing Boston Spa School, the Sixth Form at Boston Spa School would also close.

2) Officers of Leeds City Council have put forward an alternative plan, it proposes the closure of

Boston Spa School and a new school built on the site of Wetherby High School.

The Resident

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www.leeds.gov.uk switchboard : 0113 222 4444

o Both options agree it is only viable to have one secondary school that serves our area.

o Either option would be an academy or a free school

o Last Friday, we were presented with a further option for a new high school by a local

developer, we are referring this proposal on to the relevant decision makers.

We feel it would be helpful to set out some background information and to be clear and honest about

the challenge facing secondary education in our area. You will no doubt be aware that a very high

number of secondary school children travel into and out of Boston Spa & Wetherby to go to a

secondary school. Many parents from Inner East Leeds choose Wetherby & Boston Spa as the best

school for their children although this has been declining in recent years as the inner-city schools

have improved. Similarly, a significant number of families from our district choose to send their

children out of our area altogether for a whole variety of reasons. Only around 1/3 of families in the

local catchment areas chose their local school as their first preference and around half of all

secondary age pupils in our district attend schools in North Yorkshire. We have attached some data

which shows you the current figures. The numbers attending Boston Spa and Wetherby High

schools has been falling consistently for several years and are not projected to increase any time

soon, even when new housing is taken into account. We want to really emphasise that this is not an

immediate pressure but if long term decisions are not taken soon one or both schools could get into

real difficulties.

Around two years ago Leeds City Council decided the numbers at both schools had fallen to a level

that meant that neither school would be financially viable moving forward and that something needed

to be done to address the issue before one or both schools reached a crisis point. A public

consultation process was begun with an initial event held in Clifford Village Hall on 22/06/2016.

Every Parish Council in the area was invited, every primary & secondary school was invited and a

variety of other stakeholders were also invited and attended. You will appreciate I’m sure that putting

this sort of information into the public domain must be done carefully and sensitively so as not to

alarm pupils, their families and the wider community. All the stakeholders were presented with the

data and the scale of the challenge and asked for their views about the future. This was to help

Leeds City Council formulate realistic possible options for the future of Secondary Education

provision in the Outer North East of Leeds. A full public consultation on all the options was due to be

held late last year, unfortunately, this could not happen as Boston Spa School made its application to

become an academy as part of the Gorse Academies Trust Ltd. Our view, both then and now is that

in any other circumstance, we would have welcomed and supported this move but we felt then, as we

do now that it should not be considered in isolation, but as part of the wider challenge facing the

whole district.

To add to this complex picture new schools, providing secondary education, are to be built in the

Inner East area as part of new housing proposals, this will inevitably reduce the number of pupils

traveling long distances to Wetherby and Boston Spa.

We also need to challenge the negative comments about Wetherby High School contained in the

letter written by the head of Boston Spa School. Boston Spa is a good and improving school, the

staff and governors should be pleased and proud of the progress they are making. We fully

understand their desire to become an academy, but we do not feel there is any need to criticise any

other school, particularly when the content used is not accurate. We believe that Wetherby High

School is a good & improving school, we are confident when OFSTED visit again, that will also be

their judgement. Under new leadership Wetherby High School has achieved impressive results the

school should be applauded for the fantastic work it is doing.

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www.leeds.gov.uk switchboard : 0113 222 4444

As your local Councillors, we need to be clear that we are not the decision makers in this process.

Our role, is to ensure that your views are properly represented to the decision makers and to ensure

that full and proper public consultation is held and that decision making is open and transparent. In

an issue as sensitive as this, it is particularly important that information and options are presented in

a calm and factual way to ensure that you have all the facts when you come to share your views. It is

always the opinions of our whole community that will guide the representations that we make to the

decision makers. When there are firm proposals on the table we will ensure that the whole

community is properly consulted.

The letter written by the Head Teacher of Boston Spa School alleges a Councillor conflict of interest,

Councillor Lamb has publicly declared his interest and his continued involvement has been approved

by Leeds City Council’s Chief Legal Officer.

In conclusion, while we regret the way this information has been brought to light and the anxiety and

uncertainty this has caused, we hope that all the attached information will enable you to fully

understand what is going on. We do intend to organise a public meeting and will advertise a date,

time and venue as soon as possible but in the meantime, we would be pleased to hear your views

and would be very happy to provide any further information you may require.

Yours sincerely,

Councillor Gerald Wilkinson Councillor John Procter Councillor Alan Lamb Wetherby Ward

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Boston Spa & Wetherby data

Numbers on roll

This provides the current numbers on roll for both schools.

October 2017 School Census YR7-YR11

Capacity YR7 YR8 YR9 YR10 YR11

Wetherby High School 170 101 125 130 87 104

Boston Spa School 200 163 147 132 113 135

Total 370 264 272 262 200 239

October 2017 School Census - Post 16

YR12 YR13

Wetherby High School 42 51

Boston Spa School 115 91

Total 157 142

Preferences received for 2018/19 academic year

2018/19 entry Number of

children living

in nearest

priority area at

July 2017

Number of first

preferences

received for

2018 entry from

those with

nearest priority

Number of

other first

preferences

received

Total first

preferences

Boston Spa 172 55 (32%) 105 160

Wetherby 141 46 (33%) 45 91

Drift out to North Yorkshire

There is significant ‘drift’ out of the area by local pupils, with roughly half attending schools in North

Yorkshire:

DRIFT OUT

(Exports)

Boston Spa School Wetherby High School

Total nearest

children

No of nearest

children leaving

for N Yorks school

Total nearest

children

No of nearest

children leaving

for N Yorks school

2015/16 127 62 129 70

2016/17 116 66 118 51

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2017/18 119 60 106 59

Drift in to Boston Spa and Wetherby schools

The below table shows the numbers of children, mainly for East Leeds which travel to Boston Spa

and Wetherby schools

DRIFT IN

Admitted to Boston Spa Admitted to Wetherby

Children living

nearest to:

2015/16 2016/17 2017/18 2015/16 2016/17 2017/18

Boston Spa School 55 41 49 9 7 9

Wetherby High School 9 9 5 50 56 41

NORTH YORKS

SCHOOLS

2 0 1 0 0 1

INNER EAST TOTAL: 62 95 116 49 45 48

OTHER AREAS OF

LEEDS - TOTAL

10 4 2 17 16 12

TOTAL OFFERS 138 149 173 125 124 110

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Capital Project Proposals

Buses & Byways The Buses & Byways Working Group proposes, in line with the Neighbourhood Plan Community Project CCP-18, three Projects :

1. Additional Bus Shelters. Two at the War Memorial and one at The Albion (Wetherby direction). These locations have been selected on the basis of ad-hoc observation of where people have been seen waiting for buses. Basic internet research suggests that a robust metal and glass Shelter can be purchased for around £2500. Adding in installation and selecting conservation Area materials for the War Memorial area is estimated to bring the price up to around £5000 apiece, so this project seeks CIL authorisation for £15000. Delivery is estimated to take 18 months overall, with the Albion shelter possibly 6 months from authorisation.

2. Boost Uptake of existing services. This will be an information campaign highlighting the relative advantages of using the bus to visit Leeds/Wetherby/Harrogate over using a car. Personal savings and environmental benefits. Expected cost around £750 to cover advertising but some of this may be supported by external grants.

3. Direct Public Transport to York. In co-ordination with other villages to the east of Wetherby, negotiate with the relevant bodies to arrange a Bus Service Direct to York. There is a co-ordinating body in existence, which meets regularly, but infrequently. Costs unclear; possible Trial Period could be short term but full service would be longer term. Previous Trial in 2002/3 cost £4750.

Clifford Allotment Holders Association We would like to apply for monies to help us create extra car parking space on the allotments and a pathway for tenants to access the main storage bays more easily. Also, we would like to do some further remedial work to Muddy Lane to make it more accessible for allotment tenants and their families and to improve access to the two stables that are used by various local residents. These proposals are in line with the Neighbourhood Plan policy GS-1 on protecting and enhancing green spaces. Geotextile to line bottom of carpark 4 rolls x £24.80 plus vat = £99.20 plus vat Excavating work; Quoted £850 approx. I00 tonnes of Screening and Crushing approx. £900 Laying of slabs £450 Total £2,300. Purchase of extra material for remedial work on Muddy Lane and to carry out the work. Tarmac planings £….. per tonne; Hard Limestone 40mm, £39 per ton with delivery plus £180 to lay the stone/ planings. Total approx. £500.

Mains Electricity Supply to Clifford Community Sports Ground The development of the facilities and their greater use by the community is a Community Project in the Neighbourhood Plan (CCP-05). The installation of mains electricity is a necessary precursor to further enhancements to the infrastructure & its use. A detailed quotation has been obtained for £33,000.

Improvements To Building & Car Park at Clifford Community Sports Ground The Bramham and Clifford cricket ground was donated to Clifford Parish Council in 2014. At the same time Clifford Football Club had junior teams with under 5 and 6 year old sections which had outgrown the facilities at the Northways playing field. The natural match was to renovate the facilities vacated by the cricket club so they were suitable for junior football. In subsequent years the intake level has been repeated with each group passing into a higher age group. The age range has now risen to under 11 years. The number of boys and girls involved in junior football has grown from 25 to just short of 200. Natural progression to an under 15 level is likely to almost double this number.

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Number growth has been from additional year groups but has also been effected by the considerable development within Clifford and the surrounding area. Junior members residing on new developments such as Church Fields and Newton Kyme are evidence. New development growth is set to continue over at least the next four years with new sites already under construction or planned. If we are not to let our young people down investment is needed in sports infrastructure, both in terms of playing areas and buildings with appropriate facilities. Currently the demographics of those using the Clifford facilities is :- 48% Boston Spa, 24% Clifford, 8% Thorpe Arch and 18% a combination other local parishes. Currently Clifford has the only junior football structure available in the local area with none being available in Boston Spa, Bramham or Thorpe arch. The Clifford club is Charter Standard Approved. With development set to continue and the facility being used extensively by a residents from all local parishes, it is considered that improvement and extension of the existing facilities fully meets the criteria for Community Infrastructure Levy and should be a prime target for the use of funding that will arise from the development on Grove Road.

• Reconfigure internal layout with new toilet block and kitchen, first fix electrics and plumbing. Fit new boiler, heating system and kitchen £33,200 Sept 2018

• Insulate loft space, floor covering to main room. £ 3,800 Oct 2018

• Fit out changing and storage areas £ 5,400 July 2019

• Total building cost £42,400

• Extend car park and install additional access and road. Cost depends on waste removal £12/14,500 July 2019

Village Hall Extension The Trustees of the Village Hall are progressing with an extension to the Village Hall to provide much needed disabled toilet facilities, upgraded male and female toilets, baby changing facilities and an enlarged kitchen. This is in line with the Neighbourhood Policy BE-1 – Enhance Village Hall & Grounds Facilities. A&J Architects of Collingham ( the Architects previously employed to design and oversee the building of the new pitched roof ) have been engaged to plan and supervise the extension. Planning Permission has been granted, and applications for grants have been made to various sources. The outcome of these is awaited. The Village Hall has a separate Building Fund, and this currently stands at £25,000. The estimated costs for the building works, inclusive of professional fees and VAT, are £120,000, and a projected start date for work on site is early 2019. The Trustees are therefore making a request for a grant of £50,000 from the CIL Fund towards this project. Any other information could be forwarded as required.

St Edward’s Wood Greenspace The development of the site is in the Neighbourhood Plan as Community Project CCP-03. Prepare areas and install seating £1,000 July 2018 Contingency actions for wild flower hill and flat cut area £600 March 2019

Move of Village Green This is policy BE-1 of the Neighbourhood Plan. It is planned that the costs will eventually be recouped from the sale of the existing village green . Land contamination investigation £2,000 March 2018 Planning application for both sites £800 July 2018

Traffic Plan Development This is Community Project CCP-14 of the Neighbourhood Plan. In 2018/19 financial year c.£600 is required for the production of leaflets and the holding of an open day as part of the consultation process.

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Capital Project Proposals - Financial Summary

May-18 Nov-18 May-19 Nov-19

Total Estimated Cost 168,300£ 51,000£ 51,000£ 51,000£ 51,000£

Budget

Cost

First

Payment Priority

Funding

Source

Additional bus shelters 15,000£ Aug-18

Boost uptake of public transport 750£ Apr-18

Trial of bus service to York 4,750£ Feb-19

Allotment car park 2,300£ Mar-18

Muddy Lane Improvement 500£ Mar-18

Mains Electricity CCSG 33,000£ Apr-18

Bldg. & Car Park CCSG 57,000£ Sep-18

Village Hall Extension 50,000£ Jan-19

St Edward's Wood 1,600£ Jul-18

Move of Village Green 2,800£ Mar-18

Traffic Plan 600£ Jul-18

2018/19 2019/20

CIL Funds

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General Data Protection Regulation (GDPR)

What is it?

Currently, the Data Protection Act 1998 governs how the Council processes personal data. Personal data is information that can be used to identify a living individual. On 25 May 2018, the General Data including Protection Regulation (GDPR) should (if the passage through Parliament is to schedule) replace the 1998 Act. The GDPR’s main concepts and principles are very similar to those contained in the current 1998 Act. Significant changes (of particular relevance to a small Parish Council):

• Appointment of a Data Protection Officer who has expertise in data protection compliance and is independent of the Council.

• A much greater emphasis on the Council being able to prove compliance by producing and maintaining documentation.

• Where consent is used as the lawful basis for holding the personal data then this has to be explicit and documented.

What Personal Information Might Be Held

The Council needs to carry out a data audit to determine exactly what personal information is processed but this may include:

• communications with individual local residents including letters, complaints and council surveys;

• the council’s employment and recruitment records (e.g. employment contracts, and job applications);

• contracts with individuals and contracts which require processing of personal data; • arrangements with volunteers; • communications with third parties e.g. principal authorities, CALCs, local charities, sports

clubs, Disclosure and Barring Service (“DBS”), HMRC and staff pensions provider; • the electoral roll and • legal proceedings or transactions with individuals.

Lawful Basis For Holding of Data

The Council must be able to justify processing the information A public task: if the council needs to process personal data as part of its official functions or a task in the public interest – and it has a legal basis for the processing under UK It is likely that this gives the Council a lawful basis for many if not all of it’s activities.

Compliance with a legal obligation: if the Council is required by UK or EU law to process the data for a particular reason.

A contract with the individual: for example, to supply goods or services they have requested. This also includes steps taken at their request before entering into a contract.

How Should Data Be Processed? Personal data must be:

• Processed fairly, lawfully and in a transparent manner in relation to the data subject.

• Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.

• Adequate, relevant and limited to what is necessary in relation to the purposes for which they are

processed.

• Accurate and, where necessary, kept up to date.

• Kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.

• Processed in a manner that ensures appropriate security of the personal data including protection

against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

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Proposed Action Plan

The Council needs to satisfied that it is compliant with the Act. The Bill may yet be amended before being passed into law. NALC is working with the Information Commissioner to provide councils with additional information, checklists etc.

Action Responsibility Completion Date Notes

Conduct an Information Audit to ascertain what personal data is held.

The Clerk April 2018 NALC may produce audit template

Conduct a review of the security of personal information

The Clerk April 2018

Update Risk Register to include GDPR risks

The Clerk April 2018 Based upon results of Information Audit & Security Review

Agree a Data Protection Policy

Draft – The Clerk Agree – The Council

April 2018 May 2018

Appoint a Data Protection Officer

The Council May 2018 NALC may provide/contract a national service

Update Risk Register to include GDPR risks

The Clerk April 2018