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EAST BERGHOLT PARISH COUNCIL

MINUTES OF THE PARISH COUNCIL MEETING

Thursday 9 November 2023 at The Lambe School, Gaston Street, East Bergholt

Present – Parish Councillors
Councillor J Miller (Chairman of the Council)
Councillor N Roberts (Vice-Chairman of the Council)
Councillor R Allen
Councillor P Dent
Councillor R Elmer
Councillor M Hockley
Councillor M Hurley
Councillor L Matthews
Councillor J Price
Councillor R Wombwell
Councillor G Woodcock

In Attendance
G White, Parish Clerk
County Councillor G Hall
Two members of the public

Open Public Session

Rob Smith addressed the Council in respect of the earth bund adjacent to the Heath Road
development. As a resident of Richardsons Road he was directly affected by it. It was clear to Mr
Smith that Babergh DC was not listening to the views of local people or the Parish Council. The
Parish Council had objected twice and he had objected on thirteen points and all had been
disregarded. He considered the bund to be completely contrary to Neighbourhood Plan policies and
noted that it was being talked about in the village where there was antipathy towards both current
residential developments.

The Chairman asked Mr Smith how his neighbours felt about it. He replied that they were not
generally in favour but were not clear on how the planning system works and did not appreciate
what was required to make a valid planning objection. There was some traction on social media
though threats of legal action did not amount to community engagement.

The Chairman said that the Council had not wanted the field to be developed and had challenged
Babergh’s decision in court upon Judicial Review. The case turned on whether or not Babergh’s
housing land supply (HLS) was under the threshold of that time because if it was planning policies
were overridden by national policy requirements. Once planning permission was granted it was
interesting to note that Babergh exceeded the HLS threshold within months. Having challenged the
planning permission through the courts, there was no further remedy for the Parish Council to take.

The bund was a new planning application to which the Parish Council did object and the Council did
not agree with the planning officers’ reasons for recommending approval. However, permission has
been granted and the Council can only try and achieve the best possible outcome for the future.

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Councillor Wombwell detailed the history of the development with adverse comments upon the
process employed and currently with the developer subject to some planning enforcement as a
result of interventions by the District Councillor and the Parish Council. Some Tree Preservation
Orders in place although they do not save the trees which should not have been felled in the first
place.

Mr Smith was disappointed by the lack of conditions attaching to the bund though Councillor
Roberts did note that there was a condition for a landscape management plan to be approved by
the local planning authority.

The Chairman noted the pressures under which planning officers operated, the pressure of refusals
being appealed and of losing appeals all of which could prove costly for the District Council, and in
consequence applications were not always viewed with the same objectivity as that applied by the
Parish Council.

She thanked Mr Smith for attending and sharing his views with the Council.

1. Apologies for absence

Apologies received from Councillors Davies and Rothwell were NOTED.

2. Declaration of Interests/Dispensations

Item 7.1 (3) – Councillor Miller declared a pecuniary interest in the application and would
leave the meeting during its consideration.

3. Minutes

The Chairman noted that Councillor Rothwell had been omitted from the attendance list and
that no mention was made in the Open Public Session of a proposed future meeting with Mr
Freeman and colleagues upon matters of mutual interest relating to the neighbourhood plan.

Councillor Roberts noted two typographical errors in paragraphs 6 and 8 of the Open Public
Session minute.

It was proposed by Councillor Hurley seconded by Councillor Roberts and RESOLVED (ten
voted for, none voted against) that subject to the incorporation of the foregoing amendments
the minutes of the Council Meeting on 12 October 2023 be approved as a correct record.

4. Matters Arising/Updates

Minute 4 – The Chairman reported that the Tennis Club had now lodged its CIL award
application and its planning pre-application for the pavilion and associated infrastructure.

Minute 6 Item 3 – The Chairman reported that she had attended the Babergh briefing with
Parish Council Chairmen which concerned high level objectives and was not very
contentious. She had met the new Chairman of Brantham Parish Council who was keen to
meet us together with Holton St Mary and Raydon with a view to collectively lobbying
Highways England upon A12 issues.

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Minute 9 – The Chairman reported that Constable Hall had now advertised more widely its
coffee and lunch arrangements. Councillor Hurley said he had attended and been impressed
with what he saw but issues remained.

Minute 10.1 – The Chairman reported that the Childrens Working Group had held a
successful pop-up session around the village. The group will report back on their work in full
to the December meeting and make proposals for the future based on their research.

Minute 10.3 – The Chairman reported that Councillor Rothwell had advised that the initiative
between the primary school, the football club junior section and the Parish Council was
working very well. The football club was very grateful for the investment by the Council in
supporting the club, which had donated balls, nets and goalposts to the school which have
been gratefully received.

Minute 13 – The Congregational Church due diligence process was now ongoing and a full
structural survey had been undertaken earlier in the day. The matter was to be discussed by
the Federation Board on 27 November.

5. County and District Councillors’ Reports

County Councillor Hall expanded upon her report which had been circulated. She referred in
particular to the online consultations currently ongoing which sought public views upon the
Budget for 2024/25 and upon Library Services.

Councillor Woodcock noted that the Mobile Library would be in the Car Park on 10
November and encouraged councillors to visit and join up and to see how easily the vehicle
fits within the coach bay.

Councillor Roberts pointed out that East Bergholt was omitted from the list of SCC highway
projects in Councillor Hall’s previous report and asked why the East Bergholt to
Manningtreee cycle route which has been in the Neighbourhood Plan for 7 years is not in the
list and asked that County Councillor Hall lobbies for its prioritisation.

The flooding in Flatford Lane due to a water leak was continuing and County Councillor Hall
had spoken to the Leader of the County Council following unsatisfactory responses from
Highways. Currently there are 600 SCC properties which are flooded so regrettably this leak
is not in a priority category. Even so, a site meeting has now been arranged for 16 or 17
November and the engineer will conduct an inspection on 10 November. The Parish Council
will be represented at the site meeting by the Chairman and Councillors Price and Hockley
and a local resident. The Chairman and County Councillor Hall have been pushing for action
and whilst to date SCC have stated that action is not urgent, there is a highway safety issue
involved as cars are going the wrong way down Flatford Road to avoid the flooded area. The
local residents are enraged about the lack of action. Councillor Price commented that SCC
has a duty to resolve the issue and if they cannot do it immediately, they are required to
erect signs explaining why not.

A productive speeding meeting has taken place with SCC Highways officers to further
explain the reasons to introduce a 20mph speed limit zone in East Bergholt. PJA are
preparing an initial draft of the PC’s case for a 20mph zone and once finalised by the Parish
Council the report to demonstrate it’s exceptional case will be submitted to SCC before the
end of Nov.

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Councillor Roberts referred to the David Wilson Homes section 106 agreement for the
Moores Lane development. In it was a commitment from the developer to widen the footpath
from the development to the High School. Plans were signed off by SCC but they are
different to the section 106 plans and do not make the full section 106 provision for
pedestrians. A site meeting was promised by SCC officer Sam Harvey and has not yet taken
place. County Councillor Hall agreed to take this back.

The Chairman thanked County Councillor Hall for her contribution and particularly for her
efforts in gaining SCC Highways attention to the Flatford Rd flooding.

District Councillor Davies’ report which had been circulated, was noted.

6. Correspondence

The correspondence set out in the Correspondence List and circulated with the agenda and
subsequently was considered and NOTED, comprising:

Date

Sender Subject
1. 25/10/23 Ben Hammerton Circles – East End
2. 31/10/23 Rob Smith Heath Road development – bund
3. Undated Sudbury & South Suffolk
CAB
Request for grant aid

Item 1 – The Chairman reported that the Babergh Enforcement Officer is scheduled to visit
the site and then to write an official report as to whether the activity is in breach of planning
requirements.

Item 3 – It was proposed by Councillor Hurley, seconded by Councillor Dent and
RESOLVED (unanimously) that pursuant to Section 137 of the Local Government Act 1972,
a grant of £1,000 be awarded to Sudbury & South Suffolk CAB.

7. Planning

7.1 Planning Applications received

The Council considered the planning applications received from the Local Planning Authority
since the last meeting as follows:

DC/23/04899 Tarn Hows, 4 School Lane, East Bergholt, CO7 6SW – Householder
application – Erection of a part two-storey, part single-storey side
and rear extensions and conversion of existing garage.

It was proposed by Councillor Woodcock, seconded by Councillor Price
and RESOLVED (ten voted for, none voted against).

DC/23/04094 Enview, Askins Road, East Bergholt, CO7 6SN – Full planning
application – Erection of a replacement dwelling (following

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demolition of existing dwelling and garage).

It was proposed by Councillor Woodcock, seconded by Councillor Elmer
and RESOLVED (eight voted for, one voted against) that subject to due
consideration and screening for neighbours during demolition and
construction, approval be recommended.

The Chairman declared a pecuniary interest in DC/23/05038 and left
the meeting during its consideration. The Vice-Chairman took the chair.

DC/23/05038 High Cross, White Horse Road, East Bergholt, CO7 6TR –
Application for works to tree subject to TPO (BT333/T2) – Proposal
to pollard willow tree (T1) back to natural target points to reduce
tree weight and generate light into neighbours’ garden.

It was proposed by Councillor Woodcock, seconded by Councillor
Hockley and RESOLVED (unanimously) that approval be
recommended/

The Chairman returned to the meeting and resumed the chair.

DC/23/05090 St Martins, Gaston Street, East Bergholt, CO7 6SD – Householder
Application – Erection of single storey rear extension (following
demolition of conservatory); Erection of single storey extension to
laundry house/outbuilding (following demolition of single storey
extension). Alterations as per drawings and Design and Access
Statement (Amended scheme to approved DC/22/03529 and
DC/22/03530).

It was proposed by Councillor Woodcock, seconded by Councillor
Roberts and RESOLVED (ten voted for, none voted against) that
approval be recommended.

DC/23/05091 St Martins, Gaston Street, East Bergholt, CO7 6SD – Application
for listed building consent for above.

It was proposed by Councillor Woodcock, seconded by Councillor
Roberts and RESOLVED (ten voted for, none voted against) that
approval be recommended.

7.2 Planning correspondence

The correspondence received from the Local Planning Authority as set out on the planning
list together with DC/23/04317, concerning determined planning applications were NOTED.

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8. Strategy, Policy and Finance Committee

8.1 Schedule of Payments and Income – It was proposed by Councillor Elmer, seconded
by Councillor Hurley and RESOLVED (unanimously) that the schedule of payments
and income be noted and the payments due for October 2023 amounting to
£12,036.48 be approved.

8.2 Bank Reconciliation Statement – The bank reconciliation statement for October 2023
was NOTED.

8.3 Contingencies – The schedule of payments attributed to the contingency fund up to 31
October 2023, totalling £12,901.24 was NOTED.

9. Other Committees

9.1 Roads, Footpaths and Flatford Committee – Councillor Roberts referred to a recent
meeting with SCC officers who wanted to be clearer about the 20 mph speed zone
proposals in the PJA report. They were reasonably receptive. The Parish Council will
initially receive a draft “case” from PJA and the Parish Council will add to this prior to
submission to SCC by the end of November. Upon receipt of the case from the Parish
Council, SCC officers will write a report, consult the Police and the Parish Council then
it will go to the relevant Cabinet Member and the Head of Strategic Highways for a
decision. The Highways officer’s report should be ready by mid-December with a
decision expected towards end of 2023/early 2024.

An application for Speed Indicator Devices will not hinder the foregoing.

9.2 Burial Grounds Committee – Councillor Hurley reported that tree works in the
Churchyard were now completed and he thanked Councillor Rothwell and Fiona Trott,
the Churchwarden, for their assistance with the project.

9.3 Playing Fields Committee – Councillor Woodcock thanked the Chairman and Councillor
Hockley for their assistance with the work on the Tennis Club applications. The Cricket
Club has submitted a CIL pre-application to Babergh DC. Both the Sports Council and
the Committee are scheduled to meet in the ensuing week when budgets and
playground inspection reports will be primary topics.

9.4 Neighbourhood Plan Committee – Councillor Roberts referred to the imminent budget
meeting at which several items will be considered for funding. The Neighbourhood
Plan consultants have held three meetings with the Council since September and work
is proceeding well.

9.5 Other Working Groups
Website Working Group – Councillor Wombwell expressed concern that this project
was moving too slowly. He noted that a contract with the consultants had yet to be
signed and this should be completed as a matter of urgency along with a delivery
schedule for the completion of the project.

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10. Cost of Living

Councillor Hurley reported that he was meeting the Rural Coffee Van operator regarding
further visits to Broom Knoll and Elm Estate when the service resumes.

Councillor Hurley had visited Constable Hall the previous Friday where over thirty people
were in attendance. He was pleased to see it being used by so many. The volunteers
present were very driven and for some of the visitors they told him that it was the prime time
of their week. However, he noted that it had evolved from being the warm space established
initially and was now a community café and lunch club. Councillor Hurley thought a warm
space provision was still necessary.

Councillor Price said that a warm space was provided and teas and coffees were served free
of charge. Councillor Hurley noted that this was only for an hour and a half whereupon it
became a lunch club.

Councillor Matthews said it was meant to be established as a warm space and not a lunch
club. There is a need to look at what the money was given for.

The Chairman said that grants from both the District and Parish Councils were for a warm
space. Councillor Price said the money from Babergh DC was for various activities and not
specifically for a warm space. The Chairman noted that it had been derived from Babergh’s
warm space grant fund.

Councillor Hockley said it needed to be more than a lunch club to conform with grant
requirements.

Councillor Price said that within the Management Committee and Volunteers there was a
growing feeling of Us and Them in terms of the relationship with the Parish Council. The
Chairman said the Parish Council was not criticising the lunch club indeed it applauded the
efforts of the volunteers and the evident success of the enterprise but that still left the “warm
spaces” project to be delivered as the grants given were for the creation of a warm space
and this needed to be advertised widely.

The Council asked Councillor Hurley to talk with Val James to negotiate the additional
opportunity for a warm space which suits Constable Hall and meets the warm space grant
requirement.

11. Review of Council Policies

11.1 Persistent or Vexatious Correspondence/Complaints Policy – The Vice-Chairman of the
Council and the Assistant Clerk had reviewed the above policy and with one minor addition
the amended policy is submitted with a recommendation for approval.

There was some scepticism as to whether the additional criterion for defining whether
something on social media that was persistent /vexatious could be properly policed or
controlled but nevertheless it was proposed by Councillor Allen, seconded by Councillor
Dent and RESOLVED (ten voted for, one voted against) that the Persistent or Vexatious
Correspondence/Complaints Policy, published with the agenda for this meeting, be approved
and adopted.

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11.2 Code of Conduct for East Bergholt Parish Councillors – The Vice-Chairman of the
Council and the Clerk had reviewed the above policy and concluded that it was appropriate
for the Council to adopt the Local Government Association’s Model Code first published in
December 2020. Despite some shortcomings, principally the lack of sanctions for proven
breaches, the LGA model did benefit from clearer language than its predecessor and over
time has become nationally accepted. Suffolk County Council and Babergh District Council
have both adopted it and SALC has advised all Town and Parish Councils in the county to
adopt it.

It was proposed by Councillor Wombwell, seconded by Councillor Roberts and RESOLVED
(unanimously) that the Code of Conduct for East Bergholt Parish Councillors, published with
the agenda for this meeting, be approved and adopted.

12. Urgent Communications

None

13. Resolution to exclude the public (including the press)

It was proposed by Councillor Hurley, seconded by Councillor Woodcock and RESOLVED
(unanimously) that pursuant to the Public Bodies (Admission to Meetings) Act 1960 and the
Local Government Act 1972 the public (including the press) be excluded from the meeting as
publicity would be prejudicial to the public interest by reason of the confidential nature of the
business to be transacted.

14. Land at East Bergholt

The Chairman on behalf of Councillor Rothwell, the Parish Council representative on EB
CLT, reported on a possible arrangement being discussed in respect of affordable homes
provision which could involve Babergh DC, PC, EBCLT and other third parties. The Council
was not required now to decide whether or not it supported the proposals in principle but it
was AGREED that the Council be represented at any preliminary discussions to which it was
invited.

The meeting closed at 10.51 pm.

Date of the next Council Meeting – Thursday 14 December 2023 at 7.30 pm at The Lambe School.

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