August 23 Minutes
HELPRINGHAM PARISH COUNCIL
Approved Minutes of the Meeting held on Wednesday 9th August 2023
PRESENT
Councillors Geoff Hotchkin (Chairman), George Frizzell, Julie Frizzell, Robert Spencer, Chris Taylor and Clerk Julie Dixon. District Councillor Russell Jackson also attended.
PUBLIC SPEAKING TIME
There were 4 members of the public that attended the Public speaking time.
A report was given on the Helpringham Feast weekend; although it turned out to be very wet, it was still a great success. To date a total of £560.00 has been raised.Chairman Geoff Hotchkin thanked Aimee Walker for all of her hard work and dedication in the organising and running of the event.
One member of the public asked Cllr George Frizzell when the church clock would be striking again. Cllr Frizzell advised that although he is readily available to try and keep the time of the clock correct, the problem at the moment is outside of his experience. It was once again validated that only the winding mechanism of the clock belongs to the Parish Council, NOT the bells or the Physical Clock. Cllr Frizzell advised that unless the church wished to have it rectified beforehand, it will be looked at during the next service of the clock but not necessarily rectified under the service policy.
Three members of the public joined the Public forum following last month’s meeting, with ongoing concerns over trees in the Cemetery being overgrown and demanding action. Cllr Julie Frizzell has spent a great deal of time in discussion with several bodies regarding the issue and advised the members that a closed session would follow and then they could return to hear the outcome.
1.0 WELCOME REMARKS BY CHAIRMAN
The Chairman welcomed the Councillors and thanked them for their attendance.
2.0 APOLOGIES FOR ABSENCE
No formal apologies were received although Cllr Robinson sent his apologies via Councillor R Spencer. The clerk reminded all councillors that apologies should be sent to the Clerk directly, before the meeting.
3.0 SIGNING OF THE MINUTES
It was resolved to adopt the minutes of the meeting of 12th July 2023 as a true and correct record.
4.0 MATTERS ARISING FROM THE MINUTES
There were no matters arising from the minutes.
5.0 DECLARATIONS OF PECUNIARY INTEREST & DISPENSATIONS
There were no declarations of pecuniary interest.
6.0 REPORT FROM DISTRICT COUNCILLORS
District Councillor Russell Jacksons report is attached to these minutes.
7.0 Cemetery maintenance – brief from Cllr J Frizzell
Cllr J Frizzell briefed the Parish Council meeting in closed session regarding her significant research into this ongoing matter. Cllr J Frizzell has prepared a public brief which is attached to these minutes; This was addressed to the members of the public in attendance following the closed session. The findings and decisions have been resolved by the Parish Council being proposed by Cllr J Frizzell and seconded by Cllr Chris Taylor.
In short, nothing is to be done regarding the Lime tree as it is an actual tree within the Conservation Area of the cemetery; However, the Elder bush will be pruned during the annual Autumn clear up as it is not a tree but a shrub and therefore does not carry the same restrictions.
Chairman Geoff Hotchkin extended his sincere Thanks to Cllr Julie Frizzell for her hard work in this matter.
8.0 PLANNING APPLICATIONS
8.1 There were no planning applications to discuss.
9.0 FINANCE
9.1 The financial report and bank reconciliation presented by the Clerk were accepted.
9.2 The following payments were approved.
CJP Garden Services |
Invoices 400,401 & 411 |
£930 |
Julie Dixon |
Clerk Salary |
£286 |
Glasdon Uk Ltd |
Dog Waste bin |
£153.82 Inc VA |
10.0 CEMETERY MATTERS AND CONSERVATION AREA
Cllr George Frizzell gave the Cemetery and Conservation area report;
10.1 There have been no interments but one is set to take place in the coming week on Friday. The two Memorials for plots J 13 and I 41 respectively have been erected.
10.2 Graves J13 & J15 have been levelled by the contractor.
10.3 Cllr George Frizzell requested a vote of thanks to parishioner Phill Bird who, on his annual leave has spent time within the cemetery weeding the kerbed memorials. This is very much appreciated, and the vote of thanks was endorsed unanimously.
10.4 An email has been received from the war graves commission requesting permission to erect a plaque just to the left of the gate, recognising that it is a war graves cemetery. This was proposed by Cllr G Frizzell and seconded by Cllr Chris Taylor and was agreed unanimously.
10.5 There are two ongoing requests for Exclusive rights of burial.
10.6 The conservation area around the pond is looking tidy and it is nice to see that the bench is being used.
11.0 CHURCH CLOCK AND PARISH COUNCIL WEBSITE
Report by Cllr George Frizzell
11.1 The Church clock was reported on in the public forum; the clock is working but without the bells.
11.2 The Parish Council website is up to date, including information on the road closures; the HIVE club which is now running in St Andrew’s Church and the Speed sign statistics.
12.0 HIGHWAYS.
12.1 The report from the three speed cameras within the village will be uploaded onto the website and a report is to be sent to the Road Safety Partnership by Cllr G. Frizzell.
The report from the last month will be posted on the PC website
12.2 There was a meeting with the Highways Department on Thursday 20th July at 10:00am to discuss several problems within the village, to include the road on South Drove. As yet, nothing seems to have come out of this meeting apart from a few potholes on Station Road being marked, most noticeably the large one outside of HTS transport.
12.3 Correspondence has been received from a parishioner regarding the street light at the end of Vicarage Lane not working; Cllr Chris Taylor is going to investigate and report to “Fix my street”
13.0 MATTERS AFFECTING THE VILLAGE / CORRESPONDENCE
13.1 Correspondence has been received from county Councillor Andrew Key regarding possible funding for projects within the community. It was resolved that the Parish Council should approach Cllr A Key and see if this funding could be used to erect footpaths on George Street, School Lane and Thorpe Latimer.
13.2 The Vacancy has arisen for the post of Parish Clerk, the job will be advertised in the coming weeks.
14.0 The next meeting will take place on Wednesday 13th September 2023 in Helpringham Memorial Hall and will commence at 7:30pm
The meeting closed at 8:45pm.
BRIEF TO THE PARISH COUNCIL – 9 AUGUST 2023
CEMETERY MAINTENANCE
Presented to the Open Meeting
Background
- Following questions put to the Parish Council (PC) at the July meeting by members of the public, it has been necessary to establish the PC’s responsibilities for cemetery maintenance, with specific reference to trees and bushes.
Exec Summary
- Significant background work has been carried out and I am comfortable to make recommendations and present options for decision by the PC.
- Ownership of the land remains ‘not-confirmed’ but is somewhat of a red herring in this instance as this matter relates to cemetery maintenance, which the PC have chosen to take on (this is not mandatory at PC level; by mutual agreement, it could be the responsibility of a district or metropolitan council (Local Gov Act 1972)).
- The recommendation to the PC is that a closed discussion is held, given the financial and contractual impacts that are tied to this issue. However, I can confirm that options will include the following given the specific nature of the question that caused the matter to be researched:
- The PC introduces yearly health and safety checks of all trees in its areas of responsibility. There is likely to be a fee for this, given the inspection will be requested from the Tree Officer, NKDC.
Note – the trees were last inspected in 2021.
- How to manage the issue of trees in the cemetery.
- How to manage shrubbery in the cemetery.
- Due consideration to the appropriate use of financial resource, the use of public money and the essential needs of the village.
Resources and Ratification
- The following research documents provide the substantiation to my recommendations:
Local Authority Cemeteries Order (LACO) 1977
https://www.legislation.gov.uk/uksi/1977/204/contents/made
Health and Safety Act
http://www.opsi.gov.uk/si/si1999/uksi_19993242_en.pdf
Local Government Act 1972
https://www.legislation.gov.uk/ukpga/1972/70/section/214?view=plain
S215
JRank Solicitors
https://law.jrank.org/pages/5080/Cemeteries-Duties-Care-Maintenance.html
Gov.UK papers
Ministry of Justice Nov 2005
Dept for Constitutional Affairs (specifically sections 2.22 and 2.23)
Dept for Levelling Up, Housing and Communities – 6 Mar 2014
Ministry for Housing Communities and Local Government
Protecting Trees in Conservation areas (in addition to guidance above)
https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas
Furthermore, specific advice has been obtained from the Dep CEO for the Lincolnshire Association of Local Councils.
Having conducted research, I then had a session with the Chief Executive for the Institute of Cemeteries and Crematorium Management (ICCM) (for the UK) who has endorsed my recommendations, confirmed they are correct, and commented that we are currently [in terms of cemetery maintenance] going well above the standard we are mandated to.
Confirmation of Facts
‘We’ refers to the PC.
- We must abide by the legislation above if we assume responsibility for maintenance.
- We have chosen to accept responsibility for three cemeteries: one churchyard and two [technically] open cemeteries. Cemeteries are on High Street and Hale Road; the churchyard is the open space around St Andrews within the church wall.
- Whilst we may not now be able to close a cemetery (ICCM), we can choose to stop using it.
- We are expected to keep the cemetery in good order and safe.
- We have a health and safety responsibility in both the church yard and cemeteries.
- We have a duty to inspect annually, which is done for the headstones, but we should also be doing so for trees and the general areas, this is an ICCM recommendation.
- We can choose to leave the grass to grow [on unused cemeteries] to create a nature area and allow it to become a meadow that nurtures wildlife and insects.
- The High Street Cemetery falls within a Conservation Area (CA). There are some specific points to note in this respect:
- Trees within a conservation area do not necessarily need a Tree Protection Order as they are protected by virtue of the fact they are in the CA.
- To remove this specific tree would significantly change the village skyline and landscape, again, this is why it is in the CA.
- If the tree is deemed dangerous by a professional (and agreed by the NKDC Tree Officer), then the PC should act.
- The tree has been in place longer than the house; I have been advised that it should have been commented upon when the pre-purchase surveys were done and indeed it was present when the house was built/purchased (if the current residents are not the first occupiers). I am advised that dislike of a tree is insufficient grounds to remove it. We have been advised (by the Tree Officer) that pruning lower branches may cause the tree to widen.
- NKDC is required to have notice (at least 6 weeks) before any planned works on or in any CA.
- Shrubbery and elder may be maintained as a routine matter and does not fall within the notification requirements for the CA.
Closed Session Brief
For Disclosure Post Meeting
Options and Recommendations (Bold)
1. We introduce an annual cemetery H&S Inspection and amend orders to state this must include an assessment of trees; we ask the NKDC Tree Officer to do this element. We should consider introducing an annual tree H&S Inspection for all trees the PC has responsibility for.
2. We do nothing with the tree in the cemetery.
3. We incorporate trimming shrubbery and elder with the Autumn Clear Up
4. We consider applying for a TPO on the tree in question, in additional to the protection it already has in the Conservation Area.
5.We consider leaving the High Street Cemetery as a nature area. (Not recommended).
6.We consider reducing the contract to minimal grass cutting. (Not recommended).
Julie Frizzell
J A FRIZZELL
Vice Chair 8 August 2023