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Minutes of the Old Hutton & Holmescales Parish Open Meeting on Monday 30 April, 2018 at the Public Hall

1. Election of the Chairman of Old Hutton & Holmescales Parish Council for 2018 to 2019
Steve Capstick was re-elected as Chairman for a final year (proposed by Ruth Rigg, seconded by John Shorrock)

2. The Annual Parish Meeting

a) A parishioner reported having seen a man dressed in black with a balaclava and carrying a rifle in the
Millennium Wood. It seems a film was being made and the police had been informed. It was agreed that the
Parish Council should have been informed so that an email could have been sent out to advise residents.
Enquiries will be made.
b) The former New Road car park – it was agreed that the Leader of SLDC will be asked whether the
forthcoming public consultation about the future of the former car park will be open to residents of our parish
and when the consultation is likely to occur.
c) There is still no news about whether there will be an appeal against the refusal of planning permission for the
battery storage facility and gas-fired power station.
d) It was reported that the Solar Farm Community Fund now has £7,850. Notices will be published soon about
the AGM to be held in June and applications for grants.

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Minutes of the AGM of Old Hutton & Holmescales Parish Council on Monday 30 April, 2018

1. Election of the Vice-Chairman of Old Hutton and Holmescales Parish Council for 2018 to 2019
It was decided not to elect a vice-chairman.

2. Present
Steve Capstick (chairman), John Heap, Ruth Rigg, John Shorrock, Stan Collins (CCC), Peter Thornton (SLDC),
Arthur Robinson (clerk) and three parishioners

3. Apologies
Ann Fitzherbert, Alice Gibson and Alison Nelson
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4. Minutes of the last AGM held on the 17 May, 2017
These minutes were confirmed to be a true and accurate record on 25-09-2017. [see the document on the parish
website]

5. Chairman’s report for 2017/18

Steve Capstick said “The council does not meet on a regular pattern because there would be relatively no business to
discuss at some meetings. It does, though, meet as and when plans need to be talked about and most necessary
business is combined in these meetings. There have been the usual smaller scale planning applications in the past
year but the main ones causing concern in the parish and our neighbouring parishes have been the plans for a gas
power generation station and the battery storage scheme. The plans were turned down by the SLDC Planning
Committee and to date we have not yet heard if or when an appeal is to be lodged by the applicant. Thank you to all
the action group that led a very well organised campaign against these plans which led to the Planning Committee
voting unanimously against the plans.

The fibre broadband scheme has progressed very well in the parish with the majority of properties now connected and
other parishes now well on with their connections. This would not have happened without the small group of
volunteers who worked in all conditions and thanks to them. The solar fund is being run by a small committee and
after a delay in payments from the company all monies are now in the solar fund account.

Thank you to our clerk who makes the chairman’s position relatively easy with the very organised
way he runs the council’s business. Also, thanks to the council members.”

6. Review and adoption of appropriate standing orders and financial regulations

Revised standing orders were adopted on 07-11-2013; financial regulations were adopted on 20-04-2016

7. Review of inventory of land and assets

The inventory and value of these items was reviewed [see the document on the parish website]

8. Review and confirmation of arrangements for insurance cover in respect of all insured risks
a) The parish council currently has the standard policy from Zurich Insurance (premium £210.00) for the period
01-06-2017 to 31-05-2018.
b) To review replacement values of all items on the assets list for insurance cover.

9. Review of the Council’s membership of other bodies

These are CALC [current subscription £165.00] and the Upper Kent Local Area Partnership [no subscription].
 a) Steve Capstick was appointed to be the Parish Council representative on the Armistead Wind Farm Funding
Committee.
b) John Heap was appointed to be the Parish Council representative at the Upper Kent LAP meeting.

10. Review of the Council’s procedures for handling requests made under the Freedom of Information Act
2000 and Data Protection Act 1998
None has been received.

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Minutes of the Old Hutton & Holmescales Parish Council meeting on Monday 30 April 2018

180430-1 Present
Steve Capstick (chairman), John Heap, Ruth Rigg, John Shorrock, Stan Collins (CCC), Peter Thornton (SLDC),
Arthur Robinson (clerk) and three parishioners

180430-2 Apologies
Ann Fitzherbert, Alice Gibson and Alison Nelson

180430-3 Acceptance of the minutes of the previous meeting

The chairman signed the minutes of the parish council meeting held on 08-03-2018 as a true and accurate record [see
the document on the parish website]

180430-4 Chairman’s announcements

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a) The AGM of the Public Hall Committee will be held at 7.30pm on Wednesday 2 May.
b) The annual survey of potholes and other road problems throughout the parish has been sent to CCC.

180430-5 Declaration of interests

None

180430-6 Open session

Peter Thornton said that he had been privileged to serve the Whinfell ward for 15 years and it had been a real joy to
represent Old Hutton & Holmescales parish which he judged to be a model parish in view of its governance and the
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challenges it had faced due to several major planning applications. After the election on the 3 May the parish will be
part of the bigger Kendal Rural ward for which there will be three councillors and an election in three years out of four
(the fourth being a CCC election). Banks or the Committee will decide who is to replace him as the chairman of the
Armistead Community Fund Committee. Finally, he thanked the Parish Council for all its work

180430-7 Planning applications

a) Applications submitted requiring council comments: none
b) Progress of the following applications submitted since the last meeting was noted:
SL/2017/1047 – Single story rear extension at 4 Beckside. The Council decided to support this application on
20-12-2017. Permission granted on 09-02-2018.
SL/2017/1103 – Installation of new window frames, secondary glazing and roof lights at Bleaze Hall. The
Council decided to support this application on 20-12-2017. Permission granted on 05-03-2018.
SL/2018/0054 – erection of detached annexe dwelling for elderly relative at Paddocks [deadline 22-02-2018].
The Council submitted no comment. Permission granted on 15-03-2018.

180430-8 Payment of accounts

Payment of the following amounts was authorised:
£165.00 to CALC for the 2018/19 subscription
£60.00 to MBE Accounts for the 2017/18 audit
£210.00 to Zurich Municipal for the annual insurance premium 01-06-2018 to 31-05-2019

180430-9 Financial report

a) The Annual Internal Audit Report 2017/18 was approved (proposed by John Heap, seconded by John
Shorrock). [see the document on the website]
b) The Annual Governance Statement 2017/18 was approved (proposed by John Heap, seconded by John
Shorrock). [see the document on the website]
c) The annual accounts including variances and bank reconciliation were approved but it was agreed that John
Heap will investigate further whether VAT can be reclaimed on the hire of the micro-digger for parishioners’
use in 2017/18 (proposed by John Heap, seconded by John Shorrock).. [see the website document]
d) The Annual Accounting Statements 2017/18 were approved (proposed by John Heap, seconded by John
Shorrock). [see the document on the website]
 e) As the qualifying criteria had been met, the Parish Council resolved to certify that it was exempt from a limited
assurance review by the external auditor for 2017/18, and that the Certificate of Exemption was approved
(proposed by John Heap, seconded by John Shorrock). [see the document on the website]
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f) Monday 4 June to Friday 13 July was approved as the period for the exercise of public rights (proposed by
John Heap, seconded by John Shorrock). [see the document on the website]
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g) The balance of the Community Account on the 1 April was £1629.69. It was reported that the annual precept
had been received so the Community Account was currently £3651.23

180430-10 Correspondence
12-03-2018 from CALC March Newsletter (forwarded to councillors)

180430-11 Extension of the B4RN broadband network to the parish

All spurs in the parish’s network have been installed except for the one to Little Brunthwaite. Service ducts to several
houses and businesses have still to be laid and a number of house owners have not yet laid their duct from their
boundaries to their houses. The project is nearing its final stage in the parish. BBC TV filmed volunteers at work for
the programme Rip Off Britain which is likely to be broadcast in a few weeks.

180430-12 General Data Protection Regulations

a) The Parish Council has registered with the Information Commissioner’s Office (Registration reference:
A8257940) for the period 21-03-2018 to 20-03-2018. The registration has to be renewed annually. The GDPR
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regulations come into force on the 25 May.

b) The Parish Council reviewed all the personal information it holds and how it stores and processes it in order to
fulfil individuals’ rights under GDPR which are:

 The right to be informed  The right to restrict processing

 The right of access  The right to data portability
 The right to rectification  The right to object
 The right to be erased/forgotten  Rights in relation to automated decision making and
profiling

c) The status of the Parish Council as the Data Controller and the Data Processor was approved. The clerk was
appointed as the Data Protection Officer (proposed by John Shorrock, seconded by Ruth Rigg). The office of
DPO is not a requirement of GDPR for small councils but is regarded as good practice.

d) The following personal information is held by the Parish Council:

I. Contact details – name, postal address, email address(s), phone numbers
II. Whether a parishioner, a parish councillor
III. Electoral roll
IV. For councillors – attendance at PC meetings
V. For councillors – information to do with financial and pecuniary interests
VI. Invoices and receipts – information published in minutes and recorded on spreadsheets as well as on paper
VII. Correspondence

e) It was concluded that the lawful basis for holding and processing the data is:
I. Legal obligations:
For councillors – information to do with financial and pecuniary interests
For councillors – attendance at PC meetings
Minutes and PC financial records (to be retained in perpetuity)
II. Official authority:
Personal data of parishioners in order to communicate agendas and minutes of PC meetings and audit
requirements
Information about planning applications and appeals
Electoral roll
Correspondence from parishioners
III. Contractual:
Information about invoices and suppliers
IV. Public interest:
Personal data for the occasional communication of information which might affect the parish from public
bodies such as the police, fire brigade, Cumbria County Council Highways and SLDC.
V. Legitimate interest:
This is the most appropriate basis when:
 the processing is not required by law but is of a clear benefit to recipients;
 there is a limited privacy impact on the individual;
 the individual should reasonably expect their data to be used in that way; and
  recipients will not want to be bothered with disruptive consent requests when they are unlikely to object to
the processing.

The Parish Council unanimously resolved, therefore, that legitimate interest is the lawful basis on which
personal data can be used for the occasional communication of information such as events at the Public Hall
and Church, notification of litter picking and footpath clearance, and reports about the progress of the
broadband project (proposed by John Shorrock, seconded by Ruth Rigg).

f) The Parish Council uses personal data for some or all of the following purposes (parish councils have been
advised to include all these in their list even though many purposes will not apply to them):
 To deliver public services including to understand parishioners’ needs, to provide the services they request
and to inform them of other relevant services;
 To confirm identity to provide some services;
 To contact parishioners by post, email, telephone or using social media (e.g., Facebook, Twitter, WhatsApp);
 To help the council build up a picture of how it is performing;
 To prevent and detect fraud and corruption in the use of public funds and where necessary for the law
enforcement functions;
 To enable the council to meet all legal and statutory obligations and powers including any delegated functions;
 To carry out comprehensive safeguarding procedures (including due diligence and complaints handling) in
accordance with best safeguarding practice from time to time with the aim of ensuring that all children and
adults-at-risk are provided with safe environments and generally as necessary to protect individuals from
harm or injury;
 To promote the interests of the council;
 To maintain the council’s accounts and records;
 To seek parishioners’ views, opinions or comments;
 To notify parishioners of changes to facilities, services, events and staff, councillors and role holders;
 To send parishioners communications which have been requested by them and that may be of interest to
them. These may include information about campaigns, appeals, other new projects or initiatives;
 To process relevant financial transactions including grants and payments for goods and services supplied to
the council;
 To allow the statistical analysis of data so in order to plan the provision of services.

g) Data is stored and protected as follows:

I. Archives – some in a locked cellar; some in bags at the clerk’s home
II. Electronic storage – on the clerk’s own password-protected computer; all files are backed up regularly.
Expenditure for the off-site storage of back-ups will be considered at the next meeting.
III. Sharing of information – only the clerk’s wife has the password
IV. Access to email addresses – BCC is used for emails to parishioners. Addresses are not given to third persons
without the permission of the owners; councillors agreed to be able to see each other’s email addresses.
V. Access to other information – is not given to third persons without the permission of the owners.

h) Privacy notices and individual rights:

The privacy notice on all out-going personal correspondence and on the website is:

Your information is stored securely, and it will be used only for Parish Council purposes and to communicate
information of general interest to the parish. If at any time you wish to stop receiving these emails or have your contact
details changed, simply reply to me, the parish clerk, to tell me and I will make the change as soon as practically
possible.

i) Review of procedure for answering access requests:

Requests for information will be answered at no cost within one month and usually as soon as possible..

j) Data breaches:
The Information Commissioner’s Office will be notified of a data breach where it is likely to result in a risk to the
rights and freedoms of individuals – if, for example, it could result in discrimination, damage to reputation, financial
loss, loss of confidentiality or any other significant economic or social disadvantage. Where a breach is likely to
result in a high risk to the rights and freedoms of individuals, they will also be notified directly in most cases.

k) Children’s personal data:

No children’s data is held or processed by the Parish Council.

l) The procedures and policies detailed in parts (d) to (k) above were approved by the Parish Council (proposed
by John Heap, seconded by Ruth Rigg).

180430-13 Date of the next meeting

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The next meeting will be held at 7.30pm at the Public Hall on Monday 2 July.
Arthur Robinson, parish clerk, Over Bleaze, Old Hutton, Kendal, LA8 0LU
Telephone – 01539-725955 e-mail – ohpclerk@gmail.com www.oldhutton.org.uk