Month: September 2025

Please see minutes 3rd Sep 2025

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Document referred to in minute 15b:

DRAFT Memorandum of Understanding

Parties:

Hartington Upper Quarter Parish Council, of Parish Hall, Brandside, Buxton, Derbyshire SK17 0SF (“the Council”); and

Matthew Pilmoor and Katherine Temperley, owners of School House, Brandside, Buxton, Derbyshire SK17 0SF (“the Owner”).

1. Purpose

1(a) This Memorandum of Understanding (“MoU”) records a non-binding and informal understanding between the parties in relation to the shared use, care, maintenance and emptying of the septic tank and its associated drainage system located adjacent to their respective properties. It is expressly not intended to create legal relations or constitute a legally enforceable contract.

2. Background

2(a) The septic tank is located on property owned by the Council and is used jointly by both parties.

3. Principles of Cooperation

Inspection and Maintenance

3(a) The system shall be visually inspected no less frequently than once every six calendar months by either party.

3(b) Any inspection revealing matters requiring action shall be submitted in writing to the Council within seven days of the inspection and shall be discussed and recorded in the minutes of the next public meeting of the Parish Council.

3(c) Any emptying of the system or remedial works required on Council land shall be instructed by the Council.

3(d) Routine maintenance and emptying costs shall be shared equally between the parties, with each party bearing one-half of the cost.

3(e) No work incurring costs shall be commenced, other than in an emergency, unless both parties have agreed in writing to the estimated cost of that work in advance.

3(f) Where any party commissions work without such prior agreement, other than in an emergency, that party shall be solely responsible for the resulting cost.

3(g) If a problem is clearly and demonstrably caused by misuse or improper connection by one party, that party shall bear full responsibility for all reasonable costs incurred, including any environmental or regulatory penalties.

Usage Restrictions

3(h) No vehicles shall be permitted to park on, pass over, or be stationed within the immediate vicinity of the septic tank, its drainage field, or any associated infrastructure, so as to avoid structural damage, or interference with its proper functioning.

3(i) The Council agrees to avoid permitting camping or organised overnight occupation within seven [7] metres of the septic tank, in line with safe practice and applicable Building Regulations.

3(j) Neither party shall obstruct access required for inspection or maintenance of the system.

Pipework Responsibility and Insurance

3(k) Each party is responsible for all pipework serving their own property, including connections crossing land owned by the other party.

3(l) The Council shall ensure that all parts of the system located on its land are properly covered by public liability insurance.

4. Withdrawal

4(a) Either party may withdraw from this Memorandum at any time by informing the other party in writing. While no notice period is required, the parties agree that, where practicable, reasonable notice and explanation will be provided as a courtesy.

5. Status of Document

5(a) This document does not constitute a legally binding contract and shall not affect or limit any legal rights held by either party, including those arising under existing title deeds or conveyances.

6. Entire Understanding

6(a) This MoU constitutes the entire understanding between the parties in relation to the septic tank system and supersedes any prior informal arrangements.

7. No Legal Effect

7(a) This MoU is intended solely as a statement of mutual understanding and cooperation and is not intended to create, nor shall it be construed as creating, any legally enforceable rights, obligations, or liabilities on the part of either party.

8. No Waiver of Legal Rights

8(a) Nothing in this Memorandum shall be construed as waiving, limiting, or varying the legal rights, interests, or remedies available to either party under their respective title deeds, at common law, or under statute.

9. No Creation of Easement by This Memorandum

9(a) This Memorandum does not itself create a legal easement, right of way, or other proprietary interest in land. Nothing in this document shall be construed as preventing either party from asserting such rights on the basis of separate legal grounds, including prescription or necessity.

10. Signatories

Signed:
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Document referred to in minute 15d:

Campsite Management Policy

Hartington Upper Quarter Parish Council allows its land to be used as a temporary campsite for educational purposes, at the Council’s discretion. This Policy reflects the Parish Council’s commitment to providing a safe and well-managed environment for all who use our camping area.

 1. Purpose

This Policy is designed to ensure the well-being and safety of all persons using the camping area adjacent to Brandside Parish Hall; the boundaries of the camping area are shown on the map at Appendix 1 to this Policy. The Policy provides guidelines and procedures to prevent accidents, minimise risks and respond effectively to emergencies.

 2. Scope

This policy applies to all councillors, staff, contractors, visitors and volunteers using the camping area adjacent to Brandside Parish Hall. It also applies to use of the Parish Hall facilities by those camping within that camping area.

3. Emergency Procedures

3.1. Emergency Contacts

3.1.1. Emergency contact numbers will be clearly displayed in the main entrance lobby of the Parish Hall, including local emergency services, medical facilities, and site management personnel.

3.1.2. The location of the designated meeting point for emergency evacuations will be clearly displayed in the main entrance lobby of the Parish Hall.

3.2. First Aid Provision

3.2.1. A regularly-maintained First Aid kit will always be available and visible in the entrance hall of the Parish Hall.

3.2.2. The site will normally be unstaffed during camping activity by visitors, so those visitors must ensure in advance that their group includes sufficient designated trained persons to provide First Aid assistance when required.

4. Risk Assessments and Site Inspections

4.1. Hazard Identification and Risk Assessment

4.1.1. A written risk assessment, addressing identified hazards and suitable mitigations in both the camping area and the Parish Hall (and thoroughly reviewed at the start of each calendar year, and more often if necessary), will be available to all users of the camping area.

4.1.2. The Parish Clerk will ensure that all necessary mitigations identified by the risk assessment are implemented to a satisfactory standard.

4.2. Regular Inspections

The camping area and the Parish Hall will be the subject of ongoing regular inspections to identify potential hazards, maintenance needs, or areas requiring improvement.

5. Site-specific Health & Safety requirements for the camping area adjacent to Brandside Parish Hall

5.1. Pitch Spacing

5.1.1. A minimum distance of 6 metres must always be maintained between each tent, to prevent the spread of fire and to give adequate emergency access. The area between the tents should be not be used for storage of any objects.

5.1.2. A minimum distance of 2 metres must always be maintained between each tent and any walls, fences or hedges which are adjacent.

5.1.3. No tent must be pitched within 7 metres of the underground septic tank located within the camping area.

5.2. Fire requirements

5.2.1. Any necessary documentation re action to be taken in the event of fire will be brought to the attention of all users of the camping area.

5.2.2. All users of the camping area must comply with a Public Spaces Protection Order made by High Peak Borough Council which restricts the lighting of fires and barbecues – see https://www.highpeak.gov.uk/media/10279/High-Peak-Wildfires-PSPO/pdf/kaHP_PSPO_Wildfires_2025.pdf?m=1751985709653

6. Guidelines and Procedures for Recreational Activities

Any guidelines and/or safety procedures for visitors engaging in recreational activities within the camping area will be advised to visitors before their visit commences.

7. Vehicular access to the camping area adjacent to Brandside Parish Hall

Vehicular access from the highway to the camping area exists only via land owned by others, over which access rights do not necessarily exist. Users of the camping area should therefore not take vehicles onto it.

 8. The Parish Council’s neighbours

8.1. Noise

Immediately adjacent to the Parish Hall is a private residential dwelling. Users of the camping area must therefore understand the need to keep noise to an absolute minimum between the hours of 10pm and 7am. At all other times, unnecessary noise (such as loud playing of music) is not permitted.

8.2. Lights

All lights in the Parish Hall (except lights in the toilets and the hallway lights) must be turned off before going to bed, so that unnecessary lighting does not disturb our neighbours.

9. Removal of rubbish

Users of the camping area are expected, on departure, to remove all rubbish from site, and to leave the site in the condition in which they found it.

 10. Communication

The Parish Clerk will ensure that all information required by this Policy, and any other necessary information, is provided in a timely way to each group of visitors using the camping area.

11. Policy Review

11.1. Regular Review

This Policy will be reviewed annually to ensure its effectiveness, compliance with relevant laws and regulations, and alignment with known best practices, so as to further improve visitor safety and ensure a secure environment.

11.2. Incident Reporting and Feedback

All users of the camping area are strongly encouraged to report incidents, hazards, or suggestions for improvement promptly to the Parish Clerk, so as to further improve visitor safety and ensure a secure environment.

(End)