Minutes of the New Hutton Parish Open Meeting on Thursday 26th April 2018 at the Institute

1. Election of the Chairman of New Hutton Parish Council for 2018 to 2019
Martyn Welch was elected to be chairman for 2018/19 (proposed by Pat Bell, seconded by Kath Twist)
2. The Annual Parish Meeting
a) A parishioner asked whether South Cumbria Rivers Trust is continuing a programme to eradicate himalayan
balsam from the parish. This issue will be discussed at the next parish council meeting.
b) There was a query about whether residents should continue to report potholes to CCC. It was reported that if
a vehicle is damaged by one, a claim can be made only if CCC has previously been informed that the pothole
exists so reporting them is important. Therefore, parishioners were encouraged to report all severe potholes
on the CCC HIMS web-based system. It was also noted that the annual survey of all roads in the parish would
be completed in the next few days.

Minutes of the New Hutton Parish Council AGM on Thursday 26th April 2018 following the Open Meeting

1. Election of the Vice-Chairman of New Hutton Parish Council for 2018 to 2019
It was concluded that a vice-chairman is not needed.
2. Apologies none
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3. Minutes of the last AGM held on the 26 April, 2017
These minutes were confirmed to be a true and accurate record on 26-07-2017.
4. Chairman’s report for 2017/18
The year has been an interesting one for the Parish Council with a few issues being quite noteworthy.

A number of planning applications have been reviewed during the year, but the applications to site a gas-fired power
station and battery storage facility adjacent to the existing National Grid substation in Old Hutton caused much
concern amongst New Hutton parishioners. Because of this the Parish Council held an Open Meeting to ascertain the
views of parishioners and, as a result, lodged a strong objection to the proposals. The Parish Council (amongst
others) then spoke against the proposals at the relevant Planning Committee meeting and the applications were
turned down. We don’t yet know if the applicant will appeal against the decision.

The condition of road surfaces has been an issue that many parishioners have been concerned about. During the
year there have been a significant number of potholes repaired.

The Parish Council has been actively involved in supporting the extension of the B4RN broadband network throughout
the parish by the local B4SW group. An electronics cabinet to service New Hutton and beyond was purchased and is
now providing broadband services to most of the New Hutton residents and businesses.

A grant was made by the Parish Council towards the reinforcement of electricity supply to the Institute. This work has
now been completed and ensures a secure supply for the foreseeable future.

More recently, we have been informed by United Utilities that they will be replacing a section of the Haweswater
Aqueduct that runs through our parish. The final details of the work have yet to be decided but, suffice to say, the
work will be very significant indeed and result in disruption for around 18 months whilst it is carried out.

Here’s looking forward to an interesting year ahead.

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

Revised standing orders were adopted on 20-11-2013; financial regulations were adopted on 04-05-2016. Further
revisions to the standing orders will be discussed at the next parish council meeting.
6. Review of inventory of land and assets
The register of assets and their value was reviewed. It was decided that the stone saw diamond blade should be
regarded as a consumable and was removed from the register. [see the document on the parish website]

7. 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 £257.60) for the period
13-10-2017 to 12-10-2018
b) The values of all items on the assets list were reviewed for insurance cover.
 8. Review of the Council’s membership of other bodies
a) These are CALC [current subscription £137.00] and the Upper Kent Local Area Partnership [no subscription].
b) Henry Robinson and Pat Bell were reappointed to the New Hutton Lambrigg Wind Farm Funding Committee.
c) Hazel Hodgson was reappointed to the Armistead Wind Farm Funding Committee.
d) Martyn Welch was reappointed to the Upper Kent LAP meeting; he is currently the chairman of the UKLAP

9. 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 New Hutton Parish Council meeting on Thursday 26 April 2018 following the AGM

180426-1 Present
Pat Bell, Hazel Hodgson, Henry Robinson, Kath Twist, Martyn Welch (chairman), Arthur Robinson (clerk), Stan Collins (CCC),
Peter Thornton and two parishioners

180426-2 Apologies None

180426-3 Acceptance of the minutes of the previous meetings

a) The chairman signed the minutes of the parish council meetings held on 05-03-2018 and 26-03-2018 as true and
accurate records [see the documents on the website]
b) Following a Freedom of Information request to CCC a list of actions by CCC in relation to the narrowing of
Beehive Lane was received. Further, a CCC official has inspected the lane and decided that the reinstatement
following the installation of a water pipe was unsatisfactory. United Utilities has been served a notice to rectify the
problem.

180426-4 Chairman’s announcements

CCC has confirmed that a blocked gully under Hawkrigg Lane will be included in a future work programme.

180426-5 Declaration of interests

Martyn Welch declared an interest in agenda item 8 and took no part in the discussion of it.

180426-6 Open session

a) Peter Thornton expressed his thanks to the parish council on his retirement after 15 years as SLDC councillor
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for Whinfell ward. Following the 3 May election the parish will be part of Kendal Rural ward which will contain
22 parishes and have three councillors. The Parish Council thanked Peter for his excellent work over the
years especially with help in planning issues and with seeking funds for the broadband project.
b) Stan Collins (CCC) said that the Institute has been granted £1500 for work on the kitchen.
c) The Parish Council decided to seek guidance on permitted development which does not require planning
permission.

180426-7 Planning applications

a) Applications submitted requiring council comments:
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SL/2018/0297 – Extension of opening hours from mid-November to 1 March for the storage of caravans at Ashes
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Caravan Park. The deadline for comments is the 17 May
b) Progress of applications since the last meeting: none

180426-8 Payment of accounts

Payment of the following amounts was authorised:
£35.00 to the Information Commissioner’s Office annual payment for the registration of the Parish Council (future
payments will be by direct debit)
£4.68 to L.A.Robinson for screws and plugs for broadband (not yet paid)
£70.00 to CALC for the GDPR training course for the clerk
£15.00 to New Hutton Institute for the Supper Room for the extraordinary meeting on 26-03-2018
£33.36 to Lakeland Pipes Ltd for a pipe and clips for broadband
£820.74 to Martyn Welch to reimburse him for diesel used in the broadband project
£21.66 to L.A.Robinson for mattock (from C.T.Hayton) for broadband
£137.00 to CALC for the 2018/19 subscription
£78.72 to Martyn Welch to reimburse him for cold tar for the broadband project in Hawkrigg Lane
£60.00 to MBE Accounts for the 2017/18 audit
180426-9 Financial report
a) The Annual Internal Audit Report 2017/18 was approved (proposed by Pat Bell, seconded by Kath Twist) [see the
website document]
b) The Annual Governance Statement 2017/18 was approved (proposed by Pat Bell, seconded by Kath Twist. [see
the website document]
c) The annual accounts including variances and bank reconciliation were approved (proposed by Pat Bell, seconded
by Kath Twist). [see the website documents]
d) The Annual Accounting Statements 2017/18 were approved (proposed by Pat Bell, seconded by Kath Twist). [see
the website document]
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 Pat Bell, seconded by Kath Twist). [see the website document]
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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 Pat
Bell, seconded by Kath Twist). [see the website for the notice of public rights and a summary of those rights]
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g) It was noted that the Community Account balance on the 1 April was £4434.28. On the 26 April it was £4447.80
after the receipt of the parish precept. A maximum of £3673.01 has been authorised to be spent in the broadband
project.

180426-10 Correspondence
12-03-2018 from CALC March Newsletter (forwarded to councillors)

180426-11 Extension of the B4RN broadband network to the parish

All the trunk and spurs in the New Hutton network have been completed except for a short length at Sun Head and the
replacement of two small chambers with larger ones. A significant number of services have been laid to houses in the
last month and will become live at the end of April. The focus of work now is to install more services.

180426-12 General Data Protection Regulations (GDPR)

a) It was noted that the Parish Council has registered with the Information Commissioner’s Office (Registration
reference: A8257940) for the period 21-03-2018 to 20-03-2019. The registration has to be renewed
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annually. The GDPR regulations come into force on the 25 May 2018.

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 Martyn Welch, seconded by Pat Bell). 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
VIII. New Hutton Parish Field agricultural tenancy document

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
New Hutton Parish Field agricultural tenancy
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 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 Institute and church,
notification of litter picking, and reports about the progress of the broadband project.

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 Martyn Welch, seconded by Pat Bell).

180426-13 Date of the next meeting

The date of the next Parish Council meeting will be announced nearer the time.

Arthur Robinson, parish clerk, Over Bleaze, Old Hutton, Kendal, LA8 0LU Telephone – 01539-725955
e-mail – nhpclerk@googlemail.com www.newhutton.org.uk