August 2022 minutes

2022 Minutes Uploaded on September 23, 2022




Meeting held in the Jubilee Hall, Monday 15th August 2022 at 8.00 pm


In Attendance:

Cllrs S Horner (Chair), L Myhill (Vice Chair), T Long, C Ford, D Barnes, S Vining


Cllr Horner welcomed the Councillors to this extraordinary meeting because a series of requests for information had been received.


He also explained that Diane Frost Clerk and RFO was unable to attend, and that Lesley Myhill would take the minutes.


  1. Apologies for Absence

Councillors David Key, Katie Thompson, and Matthew Tomkinson



  1. Declarations of Interest

To receive disclosures of pecuniary and non-pecuniary interests in items on the agenda.

None were declared.



  1. New Councillor Appointment

The Chairman reported that Dr Alistair Billington had put himself forward as a candidate to fill the vacancy on the council, and he confirmed Dr Billington fulfilled all the criteria to serve as a councillor and accordingly Steve Horner proposed that Dr Alistair Billington be co-opted to serve on the Yarcombe parish Council, this resolution was seconded by Lesley Myhill, upon a show of hand the resolution was passed unanimously.



  1. Invitation to Richard Foord MP to address a general meeting of the Parish

The Chairman explained that he had met Richard Foord our new member of Parliament at the Honiton Show and he had shown willingness to meet the people of our community, accordingly Steve Horner proposed and Tony Long seconded the resolution that Richard Foord MP be invited to address a general meeting of the Parish, upon a show of hands the resolution was passed unanimously.


5.Part B

To discuss the requests received under the Freedom of Information Act 2000, Environmental Information Regulations 2004 and a Subject Access Request made under the Data Protection Act 2018(The Requests)

The Chairman explained that the above requests had been made in respect of the impediments placed in Rag Lane which was now no longer passable by motor vehicles. The Chairman stated he had carefully examined all past correspondence which had commenced in about October 2020, and he believed that the Parish Council had acted properly and in accordance with the law. Contrary to statements made by the requestor it was a fact that the Highways Department of Devon County Council and not the Parish Council which had taken enforcement action by issuing a Notice on 19th July 2022   under section 143 of the Highways Act 1980 requiring the structures be removed from the public highway.






Lesley Pidgeon then proposed a resolution and Tony Long seconded that the Chairman   had taken all possible action to ensure the Parish Council conformed to the law. This resolution was passed unanimously on a show of hands.


It was noted that a petition was being circulated that proposed Rag Lane be downgraded to a bridleway, Steve Horner proposed, and Lesley Myhill seconded a resolution that Rag Lane remain as a public Highway and not be downgraded to a Bridleway, the resolution was passed unanimously on a show of hands.


Finally, Steve Horner proposed and Tony Long seconded a resolution that reaffirmed the decision made by the Parish Council on 1st February 2021 as set out in the Minute Book and subsequently notified to Devon Highways by notice dated 31st July 2021 that the Parish Council would not support the downgrading of this public road.

This resolution was passed unanimously by show of hands.


NOTICE Subsequent to the meeting the above three resolutions were challenged on the grounds that the Notice calling the meeting as set out on the agenda did not state the above resolutions would be debated. This challenge was found to be correct, and the resolutions are null and void.


The meeting was closed at 8.50 pm, the next meeting to be held on Monday 5th September 2022