IW Councillors Report November 2014 + Garden Bonfire Information Leaflet

Surgeries:

4:30-5pm, Tuesday 4^th November, Cowes Library, Beckford Road, Cowes

5:30-6pm, Tuesday 4^th November, Sports Bar, IW Community Club, Park Road, Cowes.

5:30-6pm, Thursday 13^th November, The Woodvale, Princes Esplanade, Gurnard.

1-1:30pm, Wednesday 19^th November, The Little Gloster, Marsh Road, Gurnard.

3-3:30pm, Wednesday 19^th November, Cowes Enterprise College, Crossfield Avenue, Cowes.

5:30-6pm, Wednesday 26^th November, The Portland, Worsley Road, Gurnard.

5:30-6pm, Tuesday 2^nd December, Sports Bar, IW Community Club, Park Road, Cowes.

IW Council Budget.

Residents are being encouraged to help shape the IW Council’s spending and priorities for the year ahead – by taking part in an online budget survey launched on the iwight.com website.  Information about current council priorities, projects, and facilities has been prepared, along with current budget figures, to help consider options.  Options can be found at: http://www.iwight.com/Council/OtherServices/Financial-Management/Budget-Consultation.

The survey, which can accessed directly at: https://www.surveymonkey.com/s/budget_engagement, is among a series of consultation exercises being undertaken by the council as it prepares its budget choices for 2015/2016 and future years.
Also being staged over the next two months are a variety of public forums, taking place at the following venues across the Island. Each event starts at 6.30pm and finishes at 8.30pm.

•        Wednesday 12 November – Newport – Riverside Centre, The Quay.
•        Thursday 13 November – Ryde – George Street Centre, George Street.
•        Monday 17 November – Freshwater – All Saints' School, School Green Road.
•        Tuesday 18 November – Cowes – UKSA, Arctic Road.
•        Monday 24 November – Ventnor – St Francis School, Newport Road.
•        Wednesday 3 December – Sandown – Main Hall, Broadway Centre.
•        Thursday 11 December – East Cowes Town Hall, York Avenue.
•        Monday 15 December –  Shanklin Theatre, Prospect Road.

Paper copies of the survey are available from Libraries & Council Help Centres. This consultation ends on 17 December.  In the meantime, I welcome any comments and suggestions!

Fostering.

The IW Council are seeking Foster Carers, who are able to provide children with a secure and loving home.  Foster Carers can greatly help in children developing their self-esteem and learn that they are valued.  Foster Carers not only help change the lives of children in their care, but can also give families involved personal fulfilment.

While fostering can be very rewarding you will at times face difficulties. We offer a strong support team and do everything possible to help our carers. You will be working with a totally professional, experienced team of people, providing you with quality support and guidance. As an IOW foster carer, you will be provided with the challenging opportunity to add change and direction to a child’s life.

The type of fostering placement required depends on the particular needs of the child in question. Different types of placement include:

·         Short term.	·         Bridging and assessment.	·         Multi-cultural.
·         Long term.	·         Respite and holiday.	·         Parent and child.
·         Emergency placements.	·         Sibling groups.	·         Preparation for independence.

For further information, please contact 0845 6030 5620

Future Consultations.

Within my Executive Role, there are two consultations associated with Licencing, pending this month.  The first will review the Council’s Taxi Policy, whilst the second seeks to views on a policy relating to Tables & Chairs, and A-Boards located on the Highway.  The latter is a long-standing issue for a number of towns on the Island, which requires a resolution through this policy

Flu Jabs.

I have approached Cowes Medical Centre, to request morning flu jab appointments for residents unable to access the medical centre during the afternoon/ early evening.  This has been arranged for 8am-12:30pm on Friday 7^th November.

My grateful thanks to the Doctors and Staff for reacting positively!  I am also advised that special appointments can be arranged, should times allocated be inconvenient. For further information, please call Cowes Medical Centre on 295251.

Planning Appeals Update.

The Appeal to extend a chalet at Horn Hill off Rew Street was dismissed by the Planning Inspectorate, last month.

In contrast, the Planning Inspectorate’s decision to uphold the Planning Committee’s refusal for Hamlet Court, Queens Road, Cowes in 2013 has been quashed by the High Court

Island Roads Update: Baring Road.

I can advise following October’s report, that resurfacing Baring Road is imminent.  Letters have been delivered to all residents, and confirmation has been provided by Island Roads that work will be carried out during the night.  

A site meeting took place last week between myself, residents and Island Roads to discuss installing a zebra crossing outside Gurnard Primary School.  (There was no consultation on this proposal between the Council, myself, the school or residents). Because residents were not persuaded that the crossing would make it safer outside the school, it was agreed not to pursue this.  In the meantime, I am in the process of arranging a further meeting with the school and Island roads to investigate the opportunity of introducing a 20mph speed limit outside the school as an alternative. 

Island Roads Update: Rew Street.

Early last month, I helped to arrange a meeting with the District Stewart and a drainage engineer from Island Roads and local residents in Rew Street following ongoing complaints regarding flooding in the road. It has been argued that this situation was exacerbated by the Isle of Wight Council when Rew Street was resurfaced (and raised) in 2003.

Following the meeting, Island Roads have agreed to:

In the Short Term. This work is scheduled to take place in coming weeks:

·         Clear ditches. This will occur each year. (This will be monitored by residents via the local Councillor!)

·         Kerbstones will be repaired.

·         The accesses to the dairy and the farm will be ramped to ensure rainwater run-off from the road is lessened. 

In the Long Term (April-July 2019). The extent of works will depend upon how successful the short term schemes are.

·         On site it was suggested that a replacement scheme could see additional gratings, gullies and widening of existing pipework.

Former Playing Field and Orchard, Gurnard Primary School.

With Parish Councillors, I undertook a consultation with local residents over the future use of the former School Playing Field and Orchard site, this followed a letterdrop to 100 residents of Cockleton Lane and Hilton Road, whilst there was further publicity in Gurnard News and through the banner promoting the Consultation event being placed outside Bucklers View.

From the consultation on the Open Spaces project, 42 residents responded.  Of these, 6 residents were against. 36 residents were in support of Gurnard Parish Council taking over management of the site, with 21 leaving their details to participate in a Committee to oversee future use of the site. 

The most important aspect within this project, was the proposed ‘Community Growing’ element of the scheme.  Should Gurnard Parish Council support taking this project on, I will be seeking to call an inaugural meeting with interested parties mid to late November.

Isle of Wight Council Consultations: Waste Contract.

The IW Council are seeking views on the waste and recycling service received or purchased and steps that can be taken to improve the service for the future.

The closing date for this survey is the 7^th November 2014. Once the closing date for the survey has passed, the information will be collated and used to monitor the operation of the current service.

ALSO THIS MONTH:

·         I attended a Zumba Class at Cowes Enterprise College’s Celebration week. Next month, I’m hoping to arrange a tour of the college for local residents.

·         I helped resolve a resident’s Parking issue for a local resident and tradesman.

·         I attended Cowes Business Association’s recent meeting, and supported Cllr Paul Bertie’s Brand Cowes campaign.

·         I’ve been approached by a local resident, who has aired concerns over pollutants in the Solent.  This information has been passed to the Environment Agency.

·         At Full Council, Cllr Baker-Smith was narrowly appointed to Chair the Planning Committee 18 votes to 17 with 2 abstentions. In addition Full Council supported the principles of the Basic Living Wage for staff. I supported both motions.

·         I met on site with the developer of land adjacent to Gurnard Village Hall.  This meeting followed a complaint regarding the temporary removal of parking on Worsley Road. During this meeting, I requested updates on progress. These reports will be issued in the Gurnard News.  In the meantime, I am more than happy to liaise between residents and the developer.

·         I attended English Heritage’s Stop the Rot event at Northwood House.

·         Following representations from the Sandown community, I took action which led to a Section 125 Notice being served on owners of the Savoy. In addition to this, an application to construct a new hotel on the site of the Grand Hotel was approved under delegated powers.

·         I attended a meeting to discuss opportunities to regenerate East Cowes, Sandown, Shanklin and Bembridge Harbour.

·         I joined Friends of Frank James on site and supported efforts to secure the building.

·         The Planning Committee approved a new Holiday Park at Woodside, Wootton, the committee supported a dwelling at a cherry orchard, Godshill and turned down a new car wash at Tesco’s, following concerns of how this would impact on businesses nearby.

·         With Cllr Lora Peacey-Wilcox, I attended a meeting to regenerate for housing derelict buildings.

REPORT FROM THE EXECUTIVE MEMBER FOR PLANNING AND LICENSING TO THE MEETING OF FULL COUNCIL ON WEDNESDAY 15 OCTOBER 2014

Development control

The Planning Committee considered a report in respect of the Navitus Bay Wind Farm planning application at its meeting on 22 July 2014 and submitted formal comments to the Planning Inspectorate. The council attended the preliminary pre-examination meeting on 11 September 2014 at Bournemouth. At the meeting the officer confirmed that officers of the council will attend the following sessions of relevance to the council’s submitted comments (known as the Local Impact Report). The sessions include:

Noise;

Seascape;

Landscape;

Visual impact; and

Socio-economics.

Much of the proceedings will involve discussion of pre-prepared statements allowing the inspector to question various parties upon the evidence. 

It is currently understood that the inspector will make recommendations upon the scheme in the spring of 2015. 

The lead officer from planning service also attended a meeting with other local authorities to agree the process for completing statements of common ground to be submitted prior to the public sessions. I will be signing off the content of the statements of common ground.  

A revised application for an 80 bed Premier Inn at Merrie Gardens, Lake has been approved following refusal of an earlier application by the committee. I believe this is a far superior scheme to that refused by the committee and the approach by the developer to renegotiate the scheme rather than appeal the refusal was a positive and welcomed approach within the spirit of the National Planning Policy Framework. 

Appeals

The Planning Committee refused an application for the redevelopment of the Hamlet Court site in Cowes. This was subject to a planning appeal which was dismissed by the planning inspector. The decision of the Planning Inspectorate was referred to the High Court by the appellants. The court has upheld the appeal and quashed the inspector’s decision. This will therefore be subject to a further Inquiry. Costs were awarded against the secretary of state. 

Policy development

Officers are continuing to draw out from the responses to the discussion documents the key matters that will inform the three area action plan documents. Officers are working on the preparation of the draft documents for the three Area Action Plan areas for publication early in 2015.  

Draft Brading Neighbourhood Development Plan

The draft neighbourhood plan was advertised for consultation on 29 September 2014 for a period of six weeks. 

Licensing

Designated Public Places Order (DPPO)

The new DPPOs in Lake and Sandown will commence on 14 October 2014; there are already existing orders operating in Newport, Freshwater, East Cowes and Ryde.

These orders permit a police officer to remove alcohol from any person who they reasonably believe has been consuming alcohol, or intends to consume alcohol in a designated public place and is likely to cause anti-social behaviour. The purpose of the legislation is not intended to disrupt peaceful activities, rather to address nuisance or annoyance associated with the consumption of alcohol in a public place.

Events

The Licensing Department is currently collating information from all agencies regarding the major events held on the Island this summer. The information gathered will be then shared with all agencies, the event organisers and used to assist in the planning for next year’s events.

Scrutiny Spotlight:  Paul Fuller, Executive Member for Planning and Licensing

Responsibilities:

·        Building Control.

·   Licensing.  Licensing Policy and the processing of applications for The Licensing Act, Street Trading, Boats/Boat Men, Skin Piercing, Tattooing, Charitable Collections, Animals, Zoos, Scrap Metal, Gambling Act, Caravans, Taxis – Drivers, Taxis – Vehicles and Service Requests and Sex Establishments.

·      Planning.  Planning Policy, Planning Development and Enforcement,  AONB, Conservation and Ecology (including Trees, Woodlands, Hedgerows)

1. Is the 2014-15 revenue budget on track?

Yes.  Both Planning and Licensing monitor budget at a monthly mini service board. This looks at the current position and end of year forecasts. The review looks at income streams and end of year income targets. Both services are anticipating an end of year underspend.

In licensing it must be recognised that underspends cannot offset overspends in other council areas, any underspend will go into a licensing reserve account.

In light of ongoing corporate budget pressures and the need for Council savings in 2015/16 and onwards the service has controlled its expenditure via a very careful review of the need to backfill in year staff vacancies.

2.    Will all the savings agreed by full council be delivered in full? 

Yes.

3.  What are the key pressure areas where overspends are projected?

No overspends are predicted.   The most volatile areas are fee income associated with Planning applications and Building Control.   Both are currently performing well.   For planning fee income a significant percentage of the budget target is received via major applications.  Monthly meetings look at known likely new applications that are expected to be received during the year to inform the year end forecast.

4.  What steps are being taken to address the budget for 2015-16 and subsequent years?   

The service has been heavily engaged in inputting to the Budget review groups.  A considerable effort has been made to focus on those statutory elements of the service, and highlighting savings where the powers are permissive (i.e a power rather than a duty to undertake the activity)

5. What performance measures are currently in amber and red and what actions are being taken to correct these?

There is currently one performance indicator which is red in Planning. This relates to the percentage of planning appeals that are allowed by government.  Last year the Council’s performance at appeals were better than the national average. However, I anticipate our Council’s success rate may fall, following the underlying trend elsewhere.  I believe this may be due to Planning Authorities and members interpretation of sustainable development within the context of the National Planning Policy Framework.

A full report is due to be taken to Planning Committee in November.

There were no performance indicators on amber.

6.  Are all the existing strategies and policies fit for purpose given the challenges faced by the council over the next three years? 

Until decisions are made as to the future shape of the Councils budget this cannot be accurately answered. An example of this is the Council has a current agreed Planning Enforcement policy which was agreed in 2008 following external consultation. Reduction in resources available to the enforcement function will require a review of the standards set within the policy.  The service is also the Development control authority. It has government set targets for speed of determination of planning applications. These targets are reviewed at the monthly mini service board. Any significant reduction in Development Control  staffing levels could impact upon meeting these targets.

In licensing, officers are currently reviewing all policies and procedures. Recently the Policies required under the Gambling Act 2005 and Licensing Act 2003 have been updated and approved. The same has been completed for Street Trading. Early in 2015 a Taxi Policy and a Street Licensing Policy will be presented for approval by the Executive.

Officers continue to review all policies and it is envisaged that in the New Year further policies will be produced and presented to the Executive for approval.

7.   What progress is being made with the root and branch review and what evidence is available to demonstrate that this is leading to service efficiencies and effectiveness? 

Following my appointment to this position I have been regularly discussing the review with the Head of service and I look forward to presenting this report to the Executive in January.

In licensing, the service continues to minimise costs by introducing efficiencies and ensure that full cost recovery continues through the relevant fees structures where set by the local authority.

Service efficiencies include development of the web site including on line applications.

8.   What partnership working is already in place and what is being investigated and what are the benefits arising?

There are limited partnership working taking place in Planning as many of the activities do not lend themselves to this approach. That said many of the activities that are undertaken have laid down processes for community engagement and the involvement of statutory consultees which include local Parish and Town councils.

From my perspective this is an area, which I would like to see progress on.  Since taking on my role, through ‘partnership working’, the Council has assisted in securing buildings that are ‘at risk’, and I look forward very much to strengthening links and engaging local councils, interest groups the voluntary sector and listening to partners views on how best the Council can assist in growing our Island’s Economy.

In Licensing the department works in partnership with Other Council departments, the Police, the NHS, Elected Members, Town & Parish Councils, local businesses and event organisers

9.   What do you think the key risks facing the council in your service areas are and how are these being addressed?

I sense the most critical concern is of how savings from our budget may impact upon the level of service which the Council is able to provide. From my perspective, and from the perspective of members and residents who contact me Planning Enforcement and how we protect our Heritage Assets are an important facet of planning, that requires continued focus and attention.

Other areas that cause concern include the need to invest in IT, and ensuring that our technology available is fit for purpose for users.

In licensing, officers are in the process of drafting a  new policy for the  enforcement and charging for Table and Chairs and other items on the Highway. Officers are reviewing the table of fares for taxis and continue to monitor and review policies around Hackney Carriages, Private Hire and Convictions.

In Planning Policy, the completion of the Island Plan’s Area Action Plans remains of priority, and continues to be monitored, to ensure timescales are met.  It is worth highlighting that members of our staff, who underpin both departments, are recognised and valued for their dedication and commitment, through what is difficult times for our Council.

Garden Bonfires: Information for Residents.

What’s Wrong with Bonfires?

·         Air Pollution

Burning garden waste produces smoke- especially if that waste is green or damp.  This will emit harmful pollutants including particles and dioxins.  Burning plastic, rubber or painted objects creates noxious fumes that give off a range of poisonous compounds.

·         Health Effects

Air pollution can have damaging health effects, and people with existing health problems are especially vulnerable, e.g. asthmatics, bronchitis sufferers, people with heart conditions, children and the elderly.

·         Annoyance

Smoke smuts and smell from bonfires have long been a source of a significant number of complaints to local authorities.  Smoke prevents neighbours from enjoying their gardens, opening windows or hanging washing and reduces visibility in the neighbourhood and on roads.

·         Safety

Fire can spread to hedgerows, fields, fences or buildings.

Exploding bottles and cans are a hazard when rubbish is burned. Piles of garden waste are often used as a refuge to animals, so it is important to look out for sleeping pets and hibernating wildlife!

What’s the Alternative?

·         Composting

Rather than burning garden waste or putting food waste in the dustbin, where it will be incinerated a compost bin will produce useful soil conditioner, saving money on commercially available products. The Isle of Wight Council’s contractor does this via their weekly refuse collections. 

Woody waste can be shredded to make it suitable for mulching or composting. Shredders can be purchased, whilst some allotment associations have their own.  If using a shredder be considerate- as they are very noisy, so don’t swap one nuisance for another!

·         Recycling

Household waste should not be burnt.  Most items can be recycled or reused.  For information on what services are available locally please contact the Isle of Wight Council on 01983 821000.

Burning old furniture can cause particular hazards, as some materials can release toxic fumes when burnt.  If furniture is in reasonable condition charitable organisations can collect and reuse unwanted items.

Bonfires and the Law

·         When and Where Can I have a bonfire?

It is a common misconception that there are specific byelaws prohibiting garden bonfires or specifying times they can be lit- There aren’t!  However, this is not a licence for indiscriminate burning! Occasionally a bonfire is the best way to dispose of woody or diseased waste that cannot be composted.  And bonfires are used to mark traditional celebrations like 5^th November.

Under the Environmental Protection Act 1990, it is an offence for people to dispose of their domestic waste in a way likely to cause pollution of the environment or harm to human health.  In practice you should not burn waste that is likely to create excessive smoke or noxious fumes.  If only dry garden waste is burnt your bonfire should not cause a problem.

Most bonfire problems are addressed under nuisance legislation. Under the Environmental Protection Act, a statutory nuisance includes ‘smoke, fumes or gases emitted from premises, so as to be prejudicial to health or a nuisance’. In practice a fire would be a recurrent persistent problem, interfering substantially with neighbours’ well-being, comfort or enjoyment of their property.

If a bonfire of industrial or commercial waste is emitting black smoke, it is dealt with under the Clean Air Act 1993- This includes the burning of material in your garden! Under Section 34 of the Environmental Protection Act it is illegal to dispose of waste that is not from your property- for example from your workplace or from a neighbour.  For example small tradesmen are not permitted to burn waste from site at home.

How do I complain about a bonfire?

If bothered by smoke, approach your neighbour and explain the problem.  You might feel awkward, but they may not be aware of the harm they are causing and it will hopefully make them more considerate in future. If this fails Environmental Health can be contacted on 01983 823000.

Environmental Health must investigate your complaint and must issue a notice under the Environmental Protection Act if they consider a nuisance is being caused.

The Act also allows householders to take private action in the Magistrates Court.  However, if a fire is a one-off it may be difficult to prove a nuisance.  Similarly, if you are troubled by bonfires from different neighbours, each only burning occasionally, a nuisance action would be difficult as there are several offenders.

In this situation encourage them to consider alternatives. Give them a copy of this leaflet!

Finally, under Section 16A of the Highways Act 1980, anyone lighting a fire and allowing smoke to drift across a road faces a fine, if it endangers traffic or causes an injury. Contact the police if this is the case.

Barbecues

Barbecues can also cause and odour problems- Especially when using lighter fuel.  Again, be considerate.  Warn your neighbours, and don’t light up if they have washing out. If it is windy make sure smoke won’t blow in to neighbouring properties.

But I like Bonfires…

A bonfire can be a useful way of disposing of garden waste that cannot be composted, or perhaps you want to have a bonfire for fun! Bonfires have traditionally been used to mark events.  Currently the main bonfire tradition is Bonfire Night.  If you do have a bonfire, or on bonfire night warn your neighbours, and they are less likely to complain.

To assist, follow the Bonfire Guidelines below.

Bonfires Guidelines:

·         Only burn dry material.

·        Never burn household rubbish, rubber tyres or anything containing plastic, foam or paint.

·      Avoid lighting fires in unsuitable weather conditions- smoke hangs in the air on damp, still days.  If it is too windy, smoke blows into neighbours’ gardens and windows and across roads.

·         Avoid burning when air pollution levels are high or very high. You can check air quality on  0800 556677 or at http://uk-air.defra.gov.uk

·      Keep your fires away from fences, trees, hedgerows and buildings.

·      Never use oil, petrol or methylated spirits to light a fire. You could damage yourself, as well as the environment!

·       Never leave a fire unattended or leave it to smoulder.

For further information on Garden Bonfires and  the law, contact the Isle of Wight Council’s Environmental Health team on 01983 823000.

For details on Waste Collection & Recycling please contact the IW Council on 01983 821000

Further advice on composting and recycling is available from:

Straight Ltd, No1 Whitehall Riverside, Leeds, LS1 4BN.

Tel: 0844 571 4444 or Email:  info@straight.co.uk

Information Department, Garden Organic,

Ryton Gardens, Coventry, Warwickshire CV8 3LG

Tel:024 7630 3517, Email: enquiry@gardenorganic.org.uk

This leaflet has been produced by: Paul Fuller,

Independent IW Councillor for Cowes West & Gurnard.

Please feel free to copy and share this information.

For further information please visit: paulfullercc.blogspot.com

Please call me on 01983 289595 or email: paulfulleriw@gmail.com