To promote a thriving Diggle Village Community
www.digglevillage.org.uk
Minutes of the DCA Open Meeting
Thursday 5th December 2013, 8:30pm, Diggle Band Club
1. Members present
K Lambert, L Elmore, M Payne, D Rhodes, D Anderson, B Barnes, G Eason, J Redfearn, K
Jones, K McWatt, B Holden, S Coleman, M Brooks, K Lucas, N Cox, R Withnall, J Taylor, C
Coleman
2. Apologies for Absence
J Johnson, R Franklyn, D Woods, R Woods, M McLean, M Harding, R Garside
3. Minutes of last DCA Open Meeting
B Holden confirmed he was present at the last meeting.
The Chairman passed the minutes as read with no matters arising.
4. Village Green Update
a. The Chairman confirmed that OMBC had rejected the application to register the
land opposite the village chippy as a village green. The Chairman asked N Cox
for an update.
b. NC said he was disappointed with the disinterest shown by the OMBC
Commons Registration Committee at a meeting held on 26 November 2013.
The crux of the argument was whether Saddleworth UDC had given its
permission to use the land. In their conclusion, the Commons Registration
Committee decided that Saddleworth UDC had not granted permission.
c. NC stated that he did not think the Committee fully understood the issues and
had relied on the Group Solicitor’s recommendation without fully engaging in
the issues and interpretation.
d. NC was responsible for submitting the application and the subsequent legal
argument with assistance from Mr Robert McCraken QC, who gave his services
free of charge. NC had successfully argued all legal points except one, which
was to prove that the land opposite the chippy was ‘open land’. If it was not
open land the law does not provide a right to make it into a village green.
e. OMBC have granted planning permission to First Choice Homes Oldham (FCHO)
to build two affordable homes on this land, but, surprisingly, some members of
the Committee were unaware of this.
f. NC informed the meeting that Saddleworth UDC acquired the land under two
pieces of legislation, which state that local councils may acquire land for public
use. There is no specific statement specifying this was Saddleworth’s UDC
intention at the time of acquisition. The presence of several washing lines
erected for use by houses surrounding the land is evidence to support the
original intention that the land was not acquired for open recreation. NC
argued that in subsequent years (and to the present date) local people used the
land for recreational purposes.
g. The Group Solicitor argued that the interpretation of the legislation used to
acquire the land means that its use is with permission and therefore fails to
fulfil the satisfactory legal condition to designate the land as a village green.
h. The Chairman informed the meeting that FCHO engaged a barrister to provide
opposition to the application, but NC was still successful in all his arguments
except the interpretation of the point in paragraph (g) above. The Chairman
thanked NC for his hard work and effort in this very complex area. DR
supported the Chairman’s comments and added that the DCA and the village
residents are very grateful to NC.
i. DR commented that he feared this was the ‘thin end of the wedge’ for
development on small plots of land owned by FCHO, and there is danger of
building on other spaces in the Moor Crescent area and throughout
Saddleworth.
j. In conclusion, NC stated that FCHO had followed correct procedures. There is
no right to appeal, but NC considered that there is little chance of overturning
the decision. FCHO stated they did not object to the Christingle carol service
going ahead on Sunday 8 December or lighting the village Christmas tree for the
Christmas period. Building will commence in early 2014.
5. Saddleworth School Update
a. The Chairman reported that he attended a meeting with Mr Matthew Milburn
(MM), Saddleworth School’s headmaster and the school’s governors to discuss
the proposal to build a new school on the existing Uppermill site. MM had
previously stated that he would support a plan to build on the existing site if it
was a reasonable proposition. However, he has back tracked on this statement
implying that additional costs in building on the existing site make it ‘common
sense’ to build in Diggle. The Chairman reported that MM is not able
substantiate his argument with hard facts and figures, which leaves MM open to
criticism that there is another driving force in his U turn. The Chairman
suggested that without confirmation of his suspicions he has to conclude that a
land swap deal involving the existing school site and the site at Diggle is
providing additional finance to OMBC. The implication is that by not building
the school on the Diggle site, there will be a serious shortfall in funding. The
cost of building on the existing site compares with building at Diggle, but the
land swap deal provides finance to the school infrastructure. The Chairman
stated that MM was clear that nobody is putting him pressure to support
building in Diggle. However, as a headmaster, MM must have an interest in the
plan that provides the maximum finance.
The Chairman stated that his re-collection was that OMBC have had an interest
in a land swap deal since the 2008 presentation of the original plans to relocate
to Diggle.
b. LE stated that MM had a responsibility to achieve the best solution for the
school’s pupils.
c. The Chairman added that following some research he concluded that five out of
the seven new schools within the present phase of the PSBP programme are to
be built on the existing school sites .
d. KL (a founder member of Save Diggle Action Group SDAG) stated that he
believed that there was a lack of political will to support Saddleworth and that
he believed Diggle residents should make a greater ‘fuss’ about an apparent
lack of democracy. It is not acceptable for OMBC to suggest it is a ‘take it or
leave it’ situation, because residents can make a difference.
e. The Chairman’s concern is that impulsive decisions are made by OMBC whilst
they are ‘flying into the wind’ of public opinion. These decisions are not fitting
together and appear to be made in the heat of the moment.
f. LE commented that it appears powerful people have made decisions already
and it is evident that OMBC have not asked Saddleworth’s pupils for their
opinions and views on the proposals.
g. The Chairman stated that he has concerns for Diggle because of the imminent
building of two houses on the village green, the proposal to build the school and
the sale of OMBC owned land on Ward Lane with outline planning permission
to build ‘aspirational homes’. He stated it was important to engage as a
coherent group to make its voice heard at OMBC.
h. KL supported the Chairman’s concerns and stated that SDAG was founded not
only on the proposal to build a new school on the existing site, but to provide a
democratic right for Saddleworth residents to be heard and listened to. The
building of the school in Diggle creates significant issues and it is not right to
accept the OMBC’s view to deal with issues in the future. There are expensive
hidden costs of remedial work on Diggle’s infrastructure, which is presently
incapable of absorbing the strain created by the addition of the school.
i. NC commented that OMBC’s view of throwing money at issues is flawed. They
do not appear to thinking through achievable plans; for example, there is only
one access route into the proposed school, whereas the existing school has five.
Residents have been informed they will have to pay for their own car parking
spaces. There is information being distributed suggesting that housing in
Diggle will go up in value. Estate agent opinion suggests if the plans to build in
Diggle go ahead, house values will decrease whilst building is in progress, and
then rise to existing levels on completion.
j. The Chairman questioned what support Saddleworth Parish Council are
providing for Diggle. There were no councilors present at the meeting to
respond.
k. GE commented that the village should avoid division over the school issue.
l. MB explained how SDAG is using social networking and its website to
communicate with Saddleworth residents. KL stated as communication of the
issues grows through social media, support for SDAG increases.
m. The Chairman asked what messages Diggle could send to OMBC. KL responded
by informing the meeting that a petition is being prepared for a campaign that
will begin in week commencing 9 December and a canvassing plan will be
drawn up for SDAG supporters to implement.
n. DR was concerned that time is running out for an effective opposition
campaign. DR stated he was a member of the Technical Committee that meets
every week. The Chairman requested that DR ask the head of the committee to
state why the Chairman of the DCA was not invited as a lay member of the
committee. KL stated that the Education Funding Agency (EFA) ‘rubber stamp’
OMBC’s decision on where to build the school, but political pressure might
make them think again.
o. KL stated that the rumours to the effect that if the school is not built in Diggle
the alternative plan is to build 700 houses on the site are wrong. Green belt
legislation protects some of the land on the site making the capacity to build
about 50 houses.
p. The plans for land sold by the Methodist church, known as the Clod,
compromising of garages and a bowling green in the Ward Lane area, are not
known. However, the bowling committee have received assurances that their
facilities are unaffected.
6. Christingle
a. The Christingle service and the lighting of the Christmas tree will take place at
the village green on Sunday 8 December at 4pm. CC has control of the supply of
mince pies and Gluewein. DR will conduct the service and has already
organised the children at Diggle School to make the Christingle. DR confirmed
that the cash collection will distributed equally between the Children’s Society
and the Philippines’ disaster fund. Members agreed to divide the profit from
the sale of mince pies and Gluewein equally between the DCA funds and the
charities.
7. Treasurer’s Report
a. RW referred the meeting to the notes provided at the AGM.
8. What’s On
a. Sunday 8 December 4pm Christingle service at the village green
b. Thursday 12 December 8pm SDAG meeting at Diggle Band Club
c. Friday 20 December 8pm Diggle B Band concert at Diggle Band Club
d. Saturday 21 December 8pm Diggle A Band concert at Diggle Band Club
e. Saturday 28 December Band (not brass) night – 5 bands at Diggle Band Club
9. Any Other Business
a. DR informed the meeting Diggle school year 4 children attended an event at
Wrigley Mill on Monday 2 December hosted by the Methodist church. It was
encouraging to use the resources of Wrigley Mill.
b. The Chairman and JT suggested that because the Christmas tree will no longer
be standing on the village green once FCHO begin to build their houses, the DCA
should promote a project to ‘Light Up Diggle’ for Christmas 2014. The
Chairman had spoken with Street Scene officials who, in principal, can see no
issues. The approximate costs are £3,500 to prepare the site by the side of
Wrigley Mill, next to the stream and bridge. The cost of lights depends on the
extent of the display.
The Chairman suggested that FCHO should pay all costs. It was agreed that he
will write to them for their contribution.
c. The Chairman stated that because the village green was not available, it is not
possible to place a memorial to PC Nicola Hughes there as originally intended.
However, there is a possibility to integrate a suitable memorial within the
development of the site for the Christmas lights, subject to planning permission.
Costs are subject to discussions with Mrs Hughes, but the DCA is responsible for
the cost of lights and fund raising activities will require organizing.
The Chairman asked members to email him if they wanted to be involved with
this project.
10. Date of the Next Meeting
The next open meeting of the DCA is Thursday 6 February 2014 at Diggle Band.