STORRINGTON & SULLINGTON PARISH COUNCIL

Minutes of the Meeting of the Infrastructure, Communications and Environment Committee  held in The Chanctonbury Room, Sullington Parish Hall, Thakeham Road, Storrington, on Wednesday, 11th April, 2007, commencing at 7.00 p.m.

Present: Mr. J. Sanson in the Chair, Mr. D. Atkins, Mr. R. Carter, Mr. R Dawe,  Mr. A. Head and Mr. C. Mason.

In Attendance:   Mrs. L. Wheatley and Mrs. A. Worthington-Leese.

144.    Apologies for Absence were received from Mr. E. Gibbons (attending another meeting).  The reason for absence was duly ACCEPTED.

145.    To Receive Declarations of Interest from Members.   Mr. Head declared a personal interest in Kithurst Park as he knew several people that lived in that street.

146.    To Approve and Sign the Minutes of the last Meeting held on the 12th March, 2007. Minute No. 142: the word ‘actuated’ should read ‘activated’.  With this amendment the minutes were duly APPROVED as being a correct record of the proceedings thereat and were signed by the Chairman.

    Matters Arising :-

147.    Minute No. 132: Environmental Cleansing Contract.

148.    Minute No. 133: Bus4U.  Mr. Miller had now left the employment of W.S.C.C.  At the moment W.S.C.C., were not sure who was taking over his responsibilities.  However, that department had fully prepared all the background information required for the review of Bus4U, etc., and this was now with Mr. Tex Pemberton for him to make a decision on that and other issues.  W.S.C.C., expect a decision within the next few weeks.  With regard to the promised follow-up meeting, they would speak with Mr. Nick Beeson regarding this.  Nothing further had so far been heard.

149.    Storrington Pond :-
(a)    Pollution.   Southern Water had now responded regarding the proposed emptying of the pond.  The proposed discharge point was upstream of Swan Close, possibly the most sensitive of the flooding sites in Storrington.  They felt it would be embarrassing if the contractor were to accidentally cause flooding.  They would prefer the pond to be emptied into a natural watercourse rather than into the public sewer and they were investigating the possibility of over-pumping the existing pond overflow into the receiving ditch.  Should that not prove feasible they would be agreeable to a maximum pumping rate of three litres per second, but measures would need to be in place to ensure that there was no possibility of this rate being exceeded and they must cease pumping should rainfall occur.  The contractor would also need to very carefully screen and settle the discharge to avoid any silt or debris entering the sewers, which might lead to a blockage.  This information had been conveyed to the contractors.

    DWF Solicitors had rung today and advised that the file of our pollution claim had been passed to one of their partners in their Manchester office, Amanda Webster, who specialized in Environmental Law.  It was considered she was the best person to take this matter forward as she had good contacts with the Environment  Agency and other agencies.  She would be in touch shortly.  They had been in contact with the loss adjusters to get them to accept liability, but everybody was denying responsibility.   They appreciated the Council’s recent letter, but did not think the Council’s insurers would authorize what the Council requested because potentially this would leave the Council with a large legal bill with costs being awarded to the parties where litigation was unsuccessful.  That was not an attractive proposition.   Before litigation was taken there was a need for good evidence to have been obtained and such litigation was likely to take at least a year or possibly longer if it was defended.

    Discussion ensued on the point that the pollution was proven to have come from Pilgrim Cottage and therefore it was strongly felt that legal action should be taken against the owners of that property. 

    It was AGREED that Mrs. Worthington-Leese should speak to Amanda Webster and to ask why the Council was being involved in other insurance claims and what was stopping the Council’s claim being pursued.
   
(b)    Report on Meeting with W.S.C.C.   Mr. Sanson, Mrs. Wortington-Leese and the Clerk had attended a meeting with Mr. K. Stigant on the 3rd April.

The pollution problem was explained.  It was also pointed out that other County Councils that discharge off the highway into a private pond, take the line that they had a moral responsibility to help with the maintenance and if there was pollution, they sort it out.

Mr. Stigant pointed out that they did not make general provision for this as they took the view that drainage systems had always worked and if they caused pollution, they would pay for it to be put right.  They took the view – polluter pays.  There was always an owner of a pond and an agreement would be reached with them that their highway drains could drain into it.  West Sussex must have got permission originally from the owners of the Storrington Pond.  West Sussex had a network of highway drains that go all sorts of places and they tend to utilize what was there.  They could not take on additional responsibilities.  W.S.C.C., mainly self-insured.  It was not their problem if someone puts something in their system that then creates a problem.  They had to be careful not to set a precedent.

When once more asked if W.S.C.C., would take some responsibility for maintenance in the future, Mr. Stigant replied “No”, they were not doing anything that was unreasonable. 

Mr. Stigant was quite happy to look at the drains from the Pulborough Road to see if they could send this elsewhere.

In order to try and help, Mr. Stigant would get their Legal Department to submit an initial claim to the insurers of the owners of Pilgrim Cottage in an attempt to get reimbursement for the monies that they had so far expended on the pond and investigations of their pipes.  It was hoped that this action would put pressure on the insurers to settle.
W.S.C.C., employed people that knew about biodiversity and Mr. Stigant said that they could be able to help by giving the Parish advice for the future and try and help the Parish ‘play the system’.  They could also offer legal support.  It was considered that the Parish should contact the Wildlife Trust/Woodsmill.

Mr. Dawe Proposed and UNANIMOUSLY AGREED :-

    That the Parish should seek initial legal advice as to where the Council would stand in obliging the County to take on this obligation.

150.    To Consider Requesting W.S.C.C., for the provision of some form of traffic calming be introduced in Fryern Road.  It was considered that something was required on the stretch of this road where there is a bend, there are no footways and high banks on either side.  Although this was within the 30 m.p.h., speed limit, traffic travelled at excessive speeds.  Pedestrians had to walk in the road, including a number of children that had to walk along there in order to catch the school bus, which was very hazardous.  It was AGREED :-

    A letter should be written to W.S.C.C., requesting that they install a footway on one side of the road in order to narrow which would make it safer for pedestrians and encourage of traffic to slow down at this very dangerous corner.

    Street Lights :-

151.    To Consider Request from Residents of Kithurst Park to have the lamp columns painted.  A quotation for this work had been received in the sum of £300.00 plus V.A.T.  The residents were complaining about the general state of the lamp standards in this private road.  They considered that they needed a coat of paint and that the Parish Council was responsible for these and should arrange for the maintenance contractors to carry out the necessary works.  It was AGREED :-

    The residents should be asked for sight of the agreement with the Parish Council regarding these lights because the Council could not locate one.

152.    Quotation to repair light Chantry Lane in the sum of £386.00.  This light had been found to be beyond economical repair and this quotation had therefore been accepted.  This action was duly NOTED AND AGREED.

153.    Street Light, Ryecroft Lane, Storrington.  A new pole bracket and lantern were required and a quotation had been received in the sum of £386.00 plus V.A.T.  It was AGREED :-

        To accept this quotation.

154.    Street Light Opposite Abbey Cottages, Browns Lane, Storrington.  This light required a new SRL lantern and road closure.  A quotation had been received in the sum of £205.44 plus V.A.T.  It was AGREED :-

        To accept this quotation.

155.    Street Light Opposite 2 Chapel Lane, Cootham.  The lantern had been shot at by an airgun and required replacement.  A quotation had been received in the sum of £205.44 plus V.A.T.  It was AGREED :-

        To accept this quotation.

156.    EDF Energy Public Lighting Maintenance Charges 2007/2008.  EDF had written advising that they had revised their charges with effect from 1st April, 2007, but had omitted to enclose a copy of the document detailing these.  It was AGREED :-

        To seek a competitive quotation from W.S.C.C.

157.    W.S.C.C. Introducing the Highway Rangers.  W.S.C.C., were introducing a new two-person team known as the Highway Rangers.  The Rangers would act as “custodians” for the public highway, providing a highly visible service, carrying out small-scale street scene improvement works.  As a pilot, initially they would focus on the County Local Committee areas supported by the Southern Area Office at Clapham.

158.    Health and Safety.  There was nothing to report.

159.    Documents Available for Councillors to Read. 
    (a)    R.S.P.B. On the Brooks – Mr. Carter took this to read.

160.    Chairman’s Announcements.  None.

There being no further business the meeting closed at 7.55 p.m.