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EAST BERGHOLT PARISH COUNCIL

MINUTES OF THE EXTRAORDINARY PARISH COUNCIL MEETING

Thursday 27 July 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 S Davies
Councillor P Dent
Councillor R Elmer
Councillor M Hockley
Councillor M Hurley
Councillor L Matthews
Councillor S Rothwell
Councillor G Woodcock

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

Open Public Session

Jonathan Peachey referred to an email he had sent to all members earlier in the day which he said
explained the background to the dispute. He stated that in 2016/17 there had been conversations
regarding the maintenance of the car park which he said was little used compared to The Street. He
had asked the Parish Council to resurface the car park both verbally and in writing. He claimed
there was no maintenance plan and no maintenance being undertaken. Turning to more recent
events, Mr Peachey said that it was incorrect to say that there had been no response to the
Council’s Calderbank offer, which he had rejected because it was conditional upon the acceptance
of the coach bays which he regarded as being unsafe and which he said was discriminatory against
the interests of those with disabilities. He was not prepared to concede that principle for the sake of
a financial settlement. Mr Peachey said that he considered the conduct of the Parish Council not to
be about the car park but other issues. By talking of a compulsory purchase order for the car park it
appeared that the Council was endeavouring to ruin his business and bankrupt him. He regarded it
as reprehensible for a group to act against a local business in this way. There were some twenty
employees at The Lion mostly from the village whose interests should be taken into account. Mr
Peachey said that they key to resolution was the coach bays and he was prepared to concede that
there was space for one.

Tony Brigden said that the briefing document published for the last regular Parish Council meeting
had few words about the situation prior to the first section 146 notice in March 2021. He claimed no
personal knowledge but stated that the car park had originally been in poor order and the briefing
note was inadequate to enable councillors to make a proper decision. There were many
inadequacies prior to 2020. He urged the Council to educate themselves before making a decision
following consideration of Counsel’s Opinion or the Council would not be making a proper decision
with sufficient transparency.

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Councillor Hockley asked Mr Peachey two questions about the coach bays which Mr Peachey
answered by expressing the view that the available space was inadequate for two bays and
presented problems for those with disabilities.

Councillor Matthews asked Mr Peachey if he lived in the village. He answered that he had done until
relatively recently but now lived in Dedham.

1. Apologies for absence

Apologies received from Councillor Price were NOTED.

2. Declaration of Interests/Dispensations

Item 5 – Section 146 Notice

Councillor Hurley declared a non-pecuniary interest as a friend of a party mentioned in this
matter.

3. Red Lion – Notice of Appeal

The Chairman reported that the Council had received two notices from Locus Planning
acting on behalf of Langham Property Company (Essex) Ltd. The first was a notice to the
Council as tenant of the car park advising that an appeal had been lodged against the
decision of Babergh DC to refuse Application DC/23/03043. The document said that any
representations should be made to the Planning Inspectorate by 11 August 2023.

The second notice was formal notification of a planning application already being considered
by Babergh DC upon which the Council has made representations but may wish to make
further representations following consideration of new supporting documents. This was not
under consideration at this meeting.

Regarding the notice of appeal, Councillor Roberts said that he had not seen a notice of this
nature before and neither had the case officer. Moreover, the Inspectorate has not yet
acknowledged that there is an accepted appeal pending.

The Clerk had made telephone enquiries to the agent to obtain confirmation of the Council’s
status in submitting representations but the calls had not been responded to.

The Chairman noted the points to consider as tenant which were that the planning
application sought to take away some of the leased land and alter the internal arrangement
of the car park affecting the Council’s ability to manage the leased land as it wishes to do.
Comments on these matters were relevant in this context with representations on planning
policies being the subject of a further submission as Parish Council, when consulted by
Babergh and the Inspector.

It was proposed by Councillor Roberts, seconded by Councillor Matthews and RESOLVED
(nine voted for, one voted against) that the Council submits representations to the Planning
Inspectorate as the tenant of the car park, which confirm the tenure of the Council as lessee
of part of the application site and that the application affects the leased land reducing both

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the area of the car park and the number of public toilets, to which the Council is opposed.
Representations upon planning policies will be submitted later by the Council in its capacity
as local authority.

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

It was proposed by Councillor Miller, seconded by Councillor Allen hand 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.

5. Section 146 Notice

The Chairman summarised the Counsel’s Opinion received. The Council debated the
various issues advised upon and RESOLVED to issue instructions to its solicitor to enable
the solicitor to respond to the notice on the Council’s behalf.

The meeting closed at 9.24 pm.

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