Dunpender Community Council
Draft Minutes - September 2022


Minutes of meeting of Dunpender Community Council
held on Thursday 1st September at 7.30pm in The Stables


Present: Mrs J Priest Mrs A Cosgrove Mr E Martin,
Mr D Wight Mr B Craighead Mr J Swift, Mr N Morland Mrs V Hoban Mrs L Shaw Stewart

In attendance: Ms A Hunter (minutes), Cllr L Jardine, Peter Forsyth - ELC Project Manager - Growth and sustainability, Isla Maclennan, Brian Suttie - Andrew Meikle Grove Residents Association Sue Holder

1. Apologies: Mr R Russel, Ms A Pearson, Cllr L Allen

2. AGM

Mrs Priest referred to the Chairman's Report to 31st March 2022 available on the East Linton website. Mr Martin presented the treasurer's report confirming that the grant account has been closed and the remaining account balance is £5213.20. Mrs Cosgrove proposed acceptance of the audited account, seconded by Mr Swift. It was agreed to appoint Douglas Home as auditors for the current year.

With no-one else standing the following office holders were proposed by Mr Morland and seconded by Mr Wight:- Chair: Mrs Priest; Vice Chair: Mrs Cosgrove; Secretary: Mr Swift; Treasurer: Mr Martin.

Mr Craighead confirmed he is standing down but will continue working in the community. Mrs Priest thanked him for his 17 years of service. The two vacancies will be advertised.

3. Minutes of meeting held 8th June were agreed.

4. Police Report

RTC - Bridge End - Driver charged with road traffic offence.

Body of snorkeller recovered from shore at Tyninghame. Non-suspicious death.

• 1 report of vandalism to picnic bench. Enquiries exhausted.

• 2 x reports of threatening/abusive behaviour. Suspects charged.

• 1x report of threatening/abusive behaviour and minor assault. Suspect charged.

• 1x report of quad and m/cycle being driven dangerously within Memorial Park. Both riders charged with various road traffic offences.

• Numerous reports of youths causing annoyance/disturbance at Linn Rocks and surrounding area. Police and ELC working to address the issue. Calls have reduced with cooler weather and return to school.

• 1 report of theft by slip-in to unoccupied house on Stewart Milne site. (Enquiries exhausted).

• 1 report of theft from dwelling house through open window. Enquiries ongoing.

• 1 report of theft of red diesel. Enquiries ongoing.

5. Matters Arising

5.1. East Linton Station/Markle Crossing Update

5.1.1. Markle Crossing

Mr Forsyth confirmed the requirement for a replacement bridge due to the estimated time of closure at the current crossing increasing to 48 mins per hour due to the station. A full barrier replacement was estimated at £6million. Talks with the landowner are ongoing with a site meeting on 2nd September to mark out the route of the new road. Contractors have been allocated and a design is available taking into account existing rights of way (see accompanying document).

The hope is for a planning application in November and construction to complete at the end of 2023. Mrs Cosgrove raised the possible early completion date of the station and asked what plans were in place should the station open before the replacement bridge is ready.
Mr Forsyth reported the ministerial commitment to open the station by March 2024 but confirmed it could open earlier than that and if the bridge was not in place Markle crossing would be closed. He also confirmed that the Compulsory Purchase process is not being initiated at this point. Mr Martin asked who has responsibility for communication on progress on the station.
Mr Forsyth confirmed it was the Network Rail communications team. Andrew Meikle Grove Residents Association reported a lack of response from Network Rail who are preventing BAM Nuttall from providing information and preventing residents taking photos of the site. Mr Forsyth offered to return to a future meeting to talk about the station.

5.1.2. East Linton Station

Mrs Cosgrove highlighted the progress photos present on the RAGES Facebook site.
Mr Suttie confirmed that Andrew Meikle Grove residents are unhappy with the construction of the car park as the existing fence line was demolished and more land than expected has been excavated. It is impacting 6 residents backing on to the car park. Network Rail is not responding to contact and the residents are waiting for the mandatory 40 days to pass before contacting the Ombudsman. Cllr Jardine is meeting residents on site next week and confirmed Dunbar Community Council were also experiencing communication difficulties with Network Rail. This is being taken forward by Paul McLennan MSP who may be able to include the East Linton issue in discussions. Mr Forsyth confirmed that the land forming the car park was transferred to ELC in 2010 under a Section 75 order between the seller, ELC and Miller Homes. He reported that ELC had confirmed the area involved belongs to ELC via the Land Registry and suggested the issue is taken forward with Miller Homes but is happy to discuss the issue with the residents.
Mr Swift will speak to Ken Reid from the Local Access Forum about representation on the station access group.

5.2. Community fair - 28th August

Mrs Hoban reported on a successful fair with 18 tables servicing 20 providers all with very good presentations. Feedback from the groups was positive and they have all been encouraged to provide input to Dunpender News. Photos were taken for the Courier. Mrs Cosgrove made £100 for RAGES by selling teas.

5.3. Meetings attended

Mr Swift attended the Local Access Forum. Nick Morgan confirmed the path leaving Tyninghame will go ahead and the remaining part of the walk to Binning Wood will be sign posted. A proposal was made for a whindust path at the southern end of Becky's Strip in Whitekirk. Mr Swift advised communication with the community as has been resistance in the past with a preference for leaving the area as is.
Mrs Cosgrove and Mr Craighead attended the DELAP meeting. Preston Road was discussed with confusion revealed over funding which Cllr Hampshire has previously indicated as already allocated within the roads budget. ELC are to confirm. Mrs Cosgrove reported that the Sheriffhall corner on the East Linton to North Berwick road will be resurfaced in next month. Mrs Cosgrove has received information on sources of funding from Fiona O'Donnell - VCEL.
Mrs Cosgrove attended a RAGES meeting which discussed progress on the station.

5.4. Footpaths

5.4.1. Smeaton

Mr Swift confirmed the landowner has applied for funding.

5.4.2. Mill Lade path

Ms Pearson reported that painting of the white bridge is underway and will be completed by the community payback team. New steps have been installed by ELC.

5.4.3. Pencraig

Ms Pearson is pursuing funds for the top of the path from EL to Pencraig with Paths for All Ian Findlay Grant. Mr Craighead has a report that the noticeboard at the viewpoint looking towards North Berwick is in disrepair. Mr Swift will progress this.

5.4.4. Tyninghame Paths

See 5.3.

5.4.5. Stewart Milne

Mr Swift has reported to Nick Morgan a new fence preventing access to the right of way path to Pencraig. Work started on the path from The Orchard to the under pass but stopped at the Stewart Milne boundary. ELC planning officer Dareth Irvine is in contact with Stewart Milne about condition 13 attached to the planning consent which states a path must be put in place to the underpass and has confirmed the right of way cannot be closed without ELC permission. Lack of response will result in a referral to planning enforcement.

5.4.6. Linn Rocks

Mrs Priest reported on issues at Linn Rocks where large numbers of young people (80 or so) are gathering after travelling from out-with East Lothian. Mrs Hoban reported they were being served alcohol in the Co-op. They are drinking and causing noise by screaming and using foul language, litter and human waste nuisance. They are accessing private gardens and using the area around the bus stop as a toilet. Police, community wardens and ELC anti-social behaviour team have spoken to them but there is no change of behaviour. Cllr Jardine confirmed similar problems are being observed throughout East Lothian and work is ongoing with bus companies who can call ahead to ensure the anti-social behaviour team is on-site when these people arrive. Concern was raised that this would have no impact.
Mrs Priest confirmed that the area at Linn Rocks is private land with a right of way passing through along the river. Mr Swift talked about the right of responsible access under the Land Reform Act and if access is not responsible due to aggression, litter or fires being lit then the police can remove people. He suggested a Section 11 exemption be put in place which would exempt the land from the Land Reform Act and access could be restricted by a gate for part of the year. This type of exemption is used at Muirfield. He will contact Nick Morgan to discuss the possibility.

5.5. Preston Road

See 5.3.

5.6. East Linton Primary School ñ unanswered questions

Mrs Hoban provided Cllr Jardine with documents from a resident who has received no response on the questions they raised in the consultation. Mr Swift has a copy of the original sale deed for War Memorial Park which confirms it is to remain a public park solely for the use of the public. He is seeking the documentation relating to transfer of management responsibility to ELC. On the basis of the original deeds he raised a concern relating to the June minutes which stated that some of the playground would occupy War Memorial Park and objected to any area of that park being fenced off denying public access. There was no agreement on this with some members happy for the area to be fenced with public access when the school is not in use. There is a lack of clarity on the next consultation stages. Mr Swift will contact Neil Craik-Collins to confirm.

6. Projects

6.1. Bike racks near bus stops

Not discussed.

7. Planning Matters:

7.1. Local Place Plan

Mr Morland reported no progress.

7.2. The Mart

Mrs Shaw-Stewart highlighted an application to extend the hours for selling alcohol to 10pm and raised concerns over functions in the Mart accessing alcohol from the shop leading to neighbour disturbance. Mrs Priest confirmed the current licence to hold functions expires in December and expressed concerns about kitchen and toilet facilities and the lack of a noise management plan. This could be raised with planning enforcement if they attend a future meeting. Cllr Jardine will confirm what was agreed in the licencing and planning applications.

7.3. The Wok

Mrs Priest confirmed DCC objected first time round. Mr Swift confirmed no objection was submitted this time. Concerns were expressed over hygiene, health and safety, lack of toilet provision, lack of a management plan to mitigate noise and smells and the bus being out of keeping within the conservation area. It was suggested that concerns around hygiene or health and safety be raised with ELC who granted the operational licence.
Mr Craighead reported that the Mart toilets no longer have public access but need a code from the shop. Concern was also expressed that the keypad is too high for children or wheelchair users to access.

7.4. Mill Lea Cottage

Mr Swift has submitted the DCC objection on the basis of flood risk.

7.5. Markle Quarry

Mr Swift confirmed that the timescales to comply with planning conditions have passed. Mr Morland is considering a Freedom of Information request due to a lack of response from ELC relating to previous objections and planning outcomes. He will invite the planning enforcement team to send a representative to the next DCC meeting.

8. Finance

Ms Pearson has ordered a new litter bin for Tyninghame. Delivery is expected in 4-5 weeks. Mrs Priest reported that the Horticultural Society planters have been repaired at a cost of approx. £300.
Dunpender News - Mrs Hoban and Ms Pearson will progress as Mr Russel stood down. Estimates have been received of approx. £1000 to produce and distribute. It was agreed to proceed.

Traprain/Markle/Whittingehame

Mrs Shaw-Stewart Papple reported on a new planning application for Papple increasing the venue size and the number of houses and decreasing the museum and public benefit. Residents are concerned about traffic, noise and flooding. She is working with Cllr Jardine to ensure the planning conditions attached to previous consents are applied in this new application.

Tyninghame/Whitekirk

BT Openreach

Not discussed.

Speed restrictions

Mr Wight reported that Keith Scott has confirmed rumble strips will be repainted and the speed reactive sign will be repaired. A new sign at the village entrance will be installed.

Tyninghame Motorbike Events

Not discussed.

9. Correspondence

9.1. 14/06 ELC F Elliott: Wok PP lapsed
9.2. 06/07 Scottish CC's Newsletter 9.3. 20/07 M Liston: new litterbin for Tyninghame
9.4. 09/08 AELCC: Newlands Hill Wind Energy Hub - Project Update
9.5. 10/08 CCouncils: Consultation on Local Policing Plan
9.6. 11/08 K Skeers: Invitation to event at Whitekirk Hall 17th Sept 6.30pm
9.7. 15/08 V Stewart: Planning application at Mill Lea Cottage

9.8. 15/08 I Malcolm: Regional Community Climate Action Network Coordinator for East Lothian
9.9. 15/08 ELC N Clark: steps at White bridge
9.10. 160/8 Letter Poppy Scotland: Sportive Sunday 25th Sept
9.11 25/08 Lothian Broadband introduction

Mrs Cosgrove will speak to Lothian Broadband.

Mrs Priest highlighted the invite to celebrate the purchase of Whitekirk Village Hall 17th September 6:30pm.
Mrs Priest reported that work is ongoing to ensure funds from windfarms are to be distributed around the country. Mr Wight suggested the best use of these funds is to insulate houses. Cllr Jardine reported on a £1m fund from ELC and one of the wind farm developers to be announced with the aim of helping with fuel poverty and provision of grants for retrofitting homes to improve sustainability. This fund will renew each year and other wind farm developers will be invited to become involved. Mrs Cosgrove reported that Viridor are making an application to vary the size of the site. She will investigate via their website. Cllr Jardine advised objecting as soon as possible.
Mr Craighead reported that issues with the fountain are not electrical but that someone has been switching it off. The electrician will put security on the electrics and will hold a key and provide one to DCC. He also reported that Mr Govan has an outstanding invoice. Mr Martin will discuss this on presentation of the invoice.

10.0 Any Other Business

Mrs Cosgrove is taking forward provisioning a watering point for East Linton.

11.00 Date of next meeting: Thursday 6th October 2022