# **Rooley Moor Neighbourhood Forum (RMNF) Legal & Administrative Information** 

## **Status** 

Our organisation is a Charitable Incorporated Organisation (CIO) 

Charity Commission Registered Number 1165601 

## **Structure** 

David Olusoga - Honorary President 

Cecile Biant – Honorary Vice President 

Andy Meek – Trustee & Chair 

John Newcombe – Trustee & Treasurer 

Alan Rawsterne - Trustee & Secretary 

Frances Healey – Trustee 

Councillor Wendy Cocks – Trustee Philip Massey – Trustee Nigel Morrell – Trustee 

## **Registered Office** 

Owd House Fern Hill Lane Rochdale OL12 6BW 

## **Bankers** 

The Co-operative Bank 

P.O. Box 250 

Delf House 

Southway 

Skelmersdale WN8 6WT 

## **Independent Examiner** 

Last year we asked the Treasurer of the Friend of Rochdale Town Hall (FoRTH) to verify and sign off our accounts. 

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## **Reports from Trustees and Officers of the Forum** 

## **Structure, Governance and Management** 

Trustees manage the affairs of the CIO and may for that purpose exercise all the powers of the CIO. In exercising their powers and duties, charity Trustees have complied with their duty to have due regard to the guidance on public benefit published by the Charities Commission. 

It is the duty of each Trustee: 

- a) To exercise his or her powers and to perform his or her functions as a Trustee of the CIO in the way he or she decides in good faith would be most likely to further the purposes of the CIO; and 

- b) To exercise, in the performance of those functions, such care and skill as is reasonable in the circumstances having regard in particular to: 

   - i. any special knowledge or experience that he or she has or holds himself or herself out as having; and 

   - ii. if he or she acts as a charity Trustee of the CIO in the course of a business or profession, to any special knowledge or experience that it is reasonable to expect of a person acting in the course of that kind of business or profession. 

Members of the CIO have no liability to contribute to its assets and no personal responsibility for settling its debts and liabilities. 

There are no paid employees of the CIO and the value of services provided by volunteers is not incorporated into financial reporting. 

Including Trustees and Officers there are currently 41 members of the CIO with voting rights. This is on more than last year, although it is worth noting we have seen the membership of the Forum Facebook page grow from a pre-pandemic 150 members to the current total of 768 members. We have also seen an increased number of people registering on the Forum website, which currently stands at 52 people with no voting rights. 

## **Recruitment & Appointment of Trustees** 

At every subsequent Annual General Meeting of the members of the CIO, one-third of the charity Trustees shall retire from office. If the number of charity Trustees is not three, or a multiple of three, then the number nearest to one-third shall retire from office, but if there is only one charity Trustee, he or she shall retire. 

Any vacancies so arising may be filled by the decision of the members at the Annual General Meeting and the members or the charity Trustees may at any time decide to appoint a new charity Trustee, whether in place of a charity Trustee who has retired or been removed, or as an additional charity Trustee, provided that the limit of 12 charity Trustees is not exceeded. 

This year Councillor Wendy Cocks and Councillor Philip Massey will resign as Trustees at the 2021 Annual General Meeting. John Newcombe is standing down as Trustee and wishes to be considered for re-election. 

Thanks go to all of our Trustees, in particular to Wendy and Phil for their contribution to Forum activities. We are please both Wendy and Phil will continue as members of the Forum. 

## **Forum Objects** 

The CIO is established for the public benefit without distinction of ability, sex, sexual orientation, race or political, religious or other opinions for the following purposes in the Area of Benefit known as Rooley Moor, which shall hereinafter be referred to as the Neighbourhood 

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The objects of the CIO are: 

1. To promote high standards of planning and architecture in or affecting the Area of Benefit. 

2. To educate the public in the geography, history, natural history, culture and architecture of the Area of Benefit. 

3. To secure the preservation, protection, development and improvement of features or areas of historic or public interest in the Area of Benefit. 

In furtherance of the above objects but not otherwise the Trustees shall have the power to establish a Neighbourhood Forum for the Area of Benefit to promote and or improve the social, economic and environmental well-being of the area. 

## **Accounting Policy, Income & Funds Structure** 

Income arises from restricted funds (grants), unrestricted donations and recovered Gift Aid. 

Expenditure is recognised when an invoice is received, or payment made. 

There are no tangible fixed assets. 

The Reserves Policy of Rooley Moor Neighbourhood Forum CIO is to hold reserves from unrestricted funds to cover our known annual liabilities (such as insurance, hire of meeting rooms, website costs, etc.). £400 has been proposed to cover these costs. The reserves policy will be reviewed at each Annual General Meeting. 

## **Achievements & Performance** 

Covid-19 has had a continued effect on 2020/21 but compared to other charities the impact of the pandemic on RMNF has been minimal. We’ve not been dormant, but we have had to find different ways to deliver our charitable objectives. The Trustees took the decision to allow advertising on our social media sites, we usually ask organisations and the public not to advertise, but given the situation brought about by the Covid-19 crisis the Forum Trustees were happy to allow content that helped people stay safe. We made our heritage trail leaflets freely available throughout the borough so people can take exercise and enjoy the wide open spaces of the surrounding moorland. 

## **September 2020** 

**Spring Mill.** A number of Trustees and Forum members met with the Gleesons management team to discuss if the new bridleway will be in place before the development starts. We asked them to review and advise requirements for sheep and cattle to safely pass through the site and advise site access arrangements to ensure no unauthorised access to Prickshaw & Broadley Fold Conservation Area. We asked for (but didn’t receive) an introduction and meeting with the site manager. We also asked Gleesons to investigate and advise if materials that are sensitive to the integration of Spring Mill with Prickshaw & Broadley Fold Conservation Area and Healey Dell Nature Reserve boundaries could be used and if a “Virtual Reality” look at the site could be provided. 

## **November 2020** 

Due to the public health emergency this year’s Annual General Meeting consisted of the minimum statutory business and all voting was by proxy. Members were asked to instruct the Chair to cast their vote. Or, if they wished they could leave the choice to the chair. 

The following resolutions were passed unanimously: 

- To receive the minutes of the 2019 Annual General Meeting 

- To approve the 2019/20 accounts and reserves policy 

- To approve the reports from Trustees and Officers of the Forum 

- To appoint Fran Healey as a Trustee of the Forum 

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- Andy Meek to continue as Chair, John Newcombe to continue as Treasurer and Alan Rawsterne to continue as Secretary 

- Invite David Olusoga to continue as our Honorary President for another three-year term 

- To seek re-designation of the Neighbourhood Area for a further 5 years 

## **December 2020** 

The Trustees held a meeting to discuss 

- Spring Mill Development 

- GMP Off Road Initiative 

- Neighbourhood Planning 

- GMSF, and 

- AOB. 

Catley Carols was held via Zoom 

## **Other Issues** 

The Trustees resolutely support The Forum's primary objective, to promote high standards of planning and architecture in or affecting the Area of Benefit. We remain committed to preserving our Area's primary valuable asset - the natural land within the Designated Area, the habitations within the Designated Area and the surrounding landscapes which directly affect or are affected by the Designated Area. 

Over the course of the past year, the Forum has been actively engaged in two specific areas of direct concern, both of which have caused the Trustees to carefully consider the role of local planning and the way responsible Planning Officers work with, on behalf of and for the local communities they are tasked to serve. 

## **1. Moorland Restoration** 

Our commitment to preserving our upland moorlands from onerous development and aggressive misuse is constant, ongoing and worthwhile. We welcome and support the initiative announced by Government on 27th August that funding of £50M will be provided for peat protection, building on its pledge to restore 35,000 hectares of peatland to prevent some 9 million tonnes of CO2 release in a significant contribution to combatting the impacts of climate change. The Forum must do what it can to promote and expand this initiative. Peat Mapping exercises on Scout Moor have disclosed significant areas of deep peat and the Forum is pleased to acknowledge that Rossendale Local Planning Authority have pledged not to allow any onerous development which would disturb areas of deep peat. It is ironic that much of the existing Scout Moor Wind Farm would not have been permitted because of its devastating effect on the peatland on which it is sited. The Forum seeks assurances from the Planning Offices at Rochdale and Rossendale that acknowledge and engage with the peatland protection scheme and afford the areas of Scout and Rooley Moors special protection. Such an assurance would build on the excellent work undertaken jointly by the community with the public, Police, local MP’s & Councillors, landowners, businesses, Rochdale Ramblers, Rossendale & Pendle Mountain Rescue Team, Peak and Northern Footpaths Society, National Trail Officers for Natural England, community groups such as Prickshaw & Broadley Fold Neighbourhood Watch and the equestrian community through the Rochdale & Bury Bridleway Association, in the ongoing serious threat posed by illegal off-road bikes and quads which continue to ravage our moorlands. 

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## **2. Spring Mill Development** 

The consent of the Gleeson housing development at Spring Mill is an area of concern for the Forum Trustees. Whilst the development sits just outside our Designated Area, the effect on the Area of Benefit is significant, ongoing and, in the views of the Trustees, exposes some serious flaws in the Planning Process locally and nationally. The western edge of the site is barely 500 metres from the Prickshaw and Broadley Fold Conservation Area within the Rochdale boundary yet there was no consultation by Gleeson with residents or with the farming community. 200 objections on sound planning grounds were lodged by concerned residents and there was no local support for the development. The site is confirmed by specialist consultants, Eastwood and Partners (acting for Gleesons) to be highly contaminated with every toxin, alphabetically, from Arsenic to Zinc and is believed by many to be unfit for residential development. The Forum believes that the Rossendale Local Planning Authority has failed significantly at every stage of the development. Consultation was ineffective or absent, the views of the public were ignored, site remediation measures were, and still are, inadequately monitored, there is no meaningful dialogue with concerned residents and there is no effective compliance to mitigate the effects of toxic waste entering nearby residences. Windborne contamination extends the area of direct concern to public footpaths bordering Healey Dell Nature Reserve and to habitations on the eastern edge of the Rochdale boundary. Whilst this is primarily an area of significant concern locally, we would urge Local Planning Authorities to consider very carefully any application for development on contaminated land. We believe that the current practice of assuming that the planning process will lead to adequate remediation is simply not acceptable. Any serious consequences of development on inadequately remediated contaminated land may not become apparent for several years and lessons must be learned from the Spring Mill experience. There is a growing body of evidence (National Association of Local Councils, the reaction of many organisations and individuals to the proposed Government planning white paper, Grenfell, BBC investigative journalism, etc.) that the local and national planning function is not fit for purpose. Unfortunately, the Forum Trustees have found little evidence to refute this evidence and struggle to see how Neighbourhood Planning in its current form can have a positive significant impact on planning issues. 

## **Greater Manchester Clean Air Zone** 

Following on from the public consultation the recommendations to amend the Greater Manchester Clean Air Proposals have been approved and the Clean Air Zone (CAZ) is anticipated to launch on 30 May 2022. 

Members of our Forum recognised the potential adverse impact the initial CAZ proposals would have on leisure activities in the area and have been actively working with other organisations, in particular the equestrian community, to have these proposals amended. 

Over a period of time, we have written to the DVLA, the Department for Transport, the Undersecretary of State for Transport, Transport for Greater Manchester, every MP in Greater Manchester and the MP’s in the areas boarding Greater Manchester, as well as our local Councillors to propose noncompliant vehicles registered as Private Heavy Good Vehicles (HGVs), including Horseboxes, Motorhomes, Heritage Vehicles, etc. be eligible for a discounted rate to enter the CAZ. 

The original proposal was a daily charge of £100 for all HGVs entering the CAZ. Ahead of the consultation the daily HGV charge was reduced to £60 and we provided evidence to the consultation to demonstrate Private HGV numbers were very small, the impact on pollution was limited and these vehicles were unlikely to regularly enter the CAZ, but when they did a 

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£60 charge would adversely impact leisure activities and any associated businesses (Pony Club events, holidays, heritage vehicle rallies, etc.). 

The HGV charge was then amended to a £10 daily charge for noncompliant Private HGVs to enter the CAZ, but a £60 charge would be applied for the same type of vehicles if the vehicle was registered outside Greater Manchester – we argued this was postcode discrimination. 

Thankfully along with other organisations our representations to the consultation were noted and have made a difference. The outcome of the consultation resulted in a proposal that all vehicles classified under the Private HGV tax class would be eligible for a discounted charge of £10 per day and this proposal has been accepted. 

## **Off Road Motorbikes** 

Following on from our update in May 2021 (see: https://www.rmnf.org.uk/protecting-themoors-around-rochdale/) we are pleased to report that whilst progress has been slow, due to the impact of Covid-19 and a shortage of raw materials, the work completed thus far has resulted in a significant reduction in the number of illegal off-road incidents reported to the Police. The general feedback from members of the public, farmers, residents and user-groups has been very positive too. In certain locations you can already see damaged flora is recovering. 

The expected completion date of the project is September when two more gates and a horse friendly vehicle barrier should be installed, subject to availability of materials. 

From the outset of this project, we knew we weren’t going to stop all unauthorised motorised vehicles accessing the moorland, but through a process of education (see the BBC North West news item: 

https://www.facebook.com/groups/rooleymoorneighbourhoodforum/posts/1812930962213 775/) and reducing the number of opportunities to get motorised vehicles on to the moors, we seem to be left with a hard core of illegal off-roaders who simply don’t care about the adverse effect they are having on people, the environment and upland farming. 

Fortunately, our project is providing support to Greater Manchester and Lancashire Police enforcement activities and generally speaking, the once silent majority of the public are now vocal in letting offenders know they are not welcome. 

As noted above in the “Moorland Restoration” section, we have seen a great pulling together of the community who have contributed to the project by providing information and taking positive action to reduce these illegal off-road activities. 

Lancashire Police have introduced a “Rural Task Force”, which is operating to great effect. The facilities management company for Scout Moor Wind Farm has had approval from their client to install two large gates on turbine service tracks. These gates will help enforcement activities by reducing the number of access and egress points to the moors for motorised vehicles. Marshalls Quarry in Edenfield has taken a number of actions to reduce moorland access and egress points for motorised vehicles. United Utilities are taking action to repair walls, fences, styles and gates that have been damaged to facilitate access for motorised vehicles to the moors via their land. The Lord of the Manor of Rochdale has given permission and provided financial support to inhibit illegal access to their land. Local Members of Parliament are helping RMNF approach companies in the rural area to get involved. Local Councillors and the Rights of Way Officers in Rochdale, Whitworth and Rossendale are looking at the possibility of introducing Public Space Protection Orders (PSPO) to further protect our moorland by making penalties for these illegal activities commensurate with the crime. 

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Looking to the future RMNF is actively working with the West Pennine Commoners Association to try and help them implement similar “off-road mitigation measures” in their area of Lancashire, which borders with the RMNF neighbourhood area. 

## **Places for Everyone (PfE)** 

The Trustees consider the proposed consultation to be too complex and onerous to be effective in representing the views of residents. 

## **South Pennines Park Draft Strategy Consultation** 

Forum Trustees are currently engaged with this consultation and are pleased to note the following entry in the Draft Strategy Consultation document, under Heritage Assets in section 3.3.32. **Importance** : 

- Of particular significance is the Cotton Famine Road on Rooley Moor above Rochdale, which has links to the American Civil War 

## **We continue to support other Neighbourhood Forums** 

Thornham St John's Neighbourhood Forum was  awarded a grant to pursue their neighbourhood plan. Their Forum does not have a bank account and they asked our Forum to act as banker. We had a Memorandum Of Understanding (MOU) in place to deal with financial transactions on their behalf and we currently hold no money (£0) for them with all expenditure accounted for. 

## **Public Liability Insurance (PLI)** 

The Trustees decided to protect Forum funds during the pandemic by taking an insurance holiday whilst no activities are allowed due to Covid-19 restrictions. This decision is under review and PLI will be reinstated as soon as Forum activities commence. 

## **Health & Safety** 

There are no issues to report. 

## **Trustee Training** 

There has been none this year. 

## **Grants & Funding** 

The Trustees have agreed to fund the repair of the Prickshaw & Broadley Fold sign that has been vandalised for a second time, the anticipated cost is approximately £100. There’s £3,500 for Off Road Mitigation Measures (ORMM) reserved to pay for the horse friendly gate to be installed on Prickshaw Lane sometime in September. 

## **Can you help** 

- **Heritage Open Day’s (HOD) –** The Trustees would like to explore how we can involve the area in future HOD events. 

- **Want to be a RMNF Trustee?** - We are looking for new Trustees to join RMNF - Trustees are responsible for controlling the charity’s management and administration. They are responsible for ensuring our charity’s income and property is used only for the purposes set out in our governing document and for no other purpose. Trustees have a responsibility to act reasonably and prudently in all matters relating to the charity and they have a responsibility to act in the best interests of the charity. 

Please contact the Forum Secretary (email: info@RMNF.org.uk) if you have any ideas you would like to share or if you would like to get more involved. 

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