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NATIONAL APPRENTICESHIP WEEK – CELEBRATING AND PROMOTING APPRENTICESHIPS IN THE EAST RIDING

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The sixth annual National Apprenticeship Week will take place from March 11 to 15 and East Riding of Yorkshire Council will be playing its part in celebrating apprenticeships and promoting the positive impacts they have on individuals, businesses and the economy.

The council’s employment and skills team offers a variety of services to prepare people for apprenticeships, identify and create apprenticeship opportunities and enable people to access apprenticeships.

Training programmes, such as the Fast Forward to Apprenticeship scheme, funded by Jobcentre Plus flexible support fund, are already yielding results in the East Riding by supporting unemployed people aged 16 and over who want to become an apprentice, and ultimately get a job.

Young people on the programme, which runs in Goole, Beverley and Bridlington, receive training and support in applying and finding apprentice opportunities.

As well as guidance and assistance for would be apprentices, the council also offers support to local businesses and organisations looking to take on and apprentice, with those that employ up to 1,000 employees potentially eligible for a new grant to help cover the costs.

Until March 2014, the National Apprenticeship Service (NAS) will provide up to 40,000 apprenticeship grants, with a value of £1,500 each, to eligible employers who commit to employ one or more 16-to-24-year-old apprentices. Businesses and organisations can apply for these grants via a training provider such as East Riding of Yorkshire Council’s employment and skills team.

Eligible employers are those who have never employed an apprentice before or who have not employed an apprentice within the last 12 months. The £1,500 grant is in addition to the Government funding already available for the training costs of the apprenticeship framework.

For more information or to check eligibility, call the employment and skills team on (01482) 887670.

Councillor Jane Evison, cabinet portfolio holder for economic development, tourism and rural issues at East Riding of Yorkshire Council, said: “The council is committed to assisting our residents to access apprenticeship opportunities, support the area’s business community and provide a robust response to grow the local economy.

“National Apprenticeship Week is an ideal platform on which we can all recognise the valuable contributions apprentices make to our economy and highlight the benefits of apprenticeships as a possible career path and the value they can have for businesses and organisations.”

Events, opportunities and success stories will be shared over the course of the week on the council’s website and through the council’s Twitter account, just follow @East_Riding

For young people looking to become an apprentice at the council, or with an external East Riding business, visit www.eastriding.gov.uk/learning/finding-work/apprenticeships or for opportunities nationwide, visit www.apprenticeships.org.uk

Alternatively visit RecruitER and apply to join the council’s apprenticeship pool at www.recruiteastriding.co.uk

For businesses wanting to find out more about recruiting an apprentice visit www.eastriding.gov.uk/business/business-advice-and-start-up-support/finding-staff-and-apprentices-for-your-business/


Teo council vacancies

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WALKINGTON Parish Council has two vacancies for new members

A by-election to fill the vacancies will be held if 10 electors of the parish write to the chief executive of East Riding of Yorkshire Council at County Hall, Beverley, by Wednesday, 27 March claiming an election. If the chief executive does not receive such a request, the parish council will be informed that it may fill vacancies by co-option.

East Riding of Yorkshire Council waste column by John Skidmore

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The council will be talking with your area representatives so that our streetscene services, like grass cutting, litter picking and pothole filling are, meeting local needs.

We are inviting parish councils to meet with us to discuss what they see as their streetscene priorities for their local communities.

As part of this process we will be holding walk-abouts with local councillors and parish representatives to discuss how each village is maintained and to agree on programmes of work.

From now through to October each year our village taskforce teams carry out a whole range of services, including litter picking, grass cutting, pruning back overgrown hedges, painting seats, cleaning signs and filling small potholes.

The walk-abouts will help us determine with the local representatives what the priorities are from this list of taskforce activities. This will enable us to concentrate on delivering a specific programme for your area. The walk-abouts will be on a two-year rotational basis so we can be sure the programmes continue to meet local needs.

By doing this, we will be providing a tailored streetscene service for each village. By holding them biennually we will be ensuring that we are keeping on top of the evolving needs of each village.

At the same time, the village taskforce teams will continue with their general streetscene activities, which are built around a 15-day working cycle. This allows the teams to respond to immediate basic maintenance needs for example a pot hole..

The teams also act as spotters for other streetscene work, such as highway damage, fly tipping, so we can take enforcement, and other specific maintenance issues which require specialist operational teams, ensuring a more rapid response.

Look out for the village taskforce team in your village and talk to them about any streetscene maintenance issues that you might have. Alternatively speak with your parish clerk or local ward councillors who have direct access to the village taskforce programme.

Mobile milestone

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GREG Knight MP celebrated the 10th anniversary of the launch of the UK’s first 3G mobile network last week.

Mr Knight, who is the MP for East Yorkshire, attended the event in Parliament which championed the mobile operator - Three.

He said: “Services we now regularly browse on our smart phones like YouTube, Facebook and Twitter have changed the way consumers and businesses in East Yorkshire communicate and share information.

“How we use our mobile phones is almost unrecognisable from what it was ten years ago.”

Book review: Secrets from the Past by Barbara Taylor Bradford

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You can always rely on master storyteller Barbara Taylor Bradford to provide a welcome escape from the humdrum of daily life.

Her epic and sumptuous novels have been thrilling readers since her first novel, A Woman of Substance, published back in 1979, launched her career as one of Britain’s most iconic authors.

Bradford, who set out as a journalist on the Yorkshire Evening Post, now lives in New York but the magic continues from across the ‘pond’ and Secrets from the Past, her twenty-eighth book, contains all the passion, romance and drama that have made her one of the world’s favourite writers.

In a compelling, emotion-packed saga of deeply buried secrets, passionate love, obsession and redemption, Bradford takes us from smart Manhattan to the beautiful hills above Nice, from the shimmering canals of Venice to the riot-filled streets of Libya in the Arab ‘spring.’

At its heart is a young war photographer struggling to come to terms with her charismatic father’s death and unprepared for the minefield she explodes when she delves into his life history.

Thirty-year-old Serena Stone is a talented American photojournalist who has followed in the footsteps of her famous war photographer father Tommy Stone on the world’s battlefronts. But when he dies unexpectedly from a heart attack, she steps away from the war zone to reassess her life.

With her mother also dead now, Serena’s mission is to collect memories of her beloved father and she has set about writing his life story. She approaches Harry Redford, Tommy’s best friend and front line colleague, to help fill in some of the gaps in her biography but Harry has a request of his own.

He wants her to go to Venice to take care of Zachary North, her former lover and another war photographer, who has come out of Afghanistan ‘a dead man walking.’ Zac is suffering from mental and physical exhaustion and is asking for Serena even though their six-year romance ended in a huge row nearly 12 months ago

Reluctantly, Serena flies out to Zac, who is holed up in her father’s old Venetian apartment, and almost inevitably they rekindle their passion. As they tackle her father’s huge legacy of iconic photographs, Serena unearths a collection that has never been seen before and amongst them is a photograph which turns her family history upside down.

The search for the truth about her father’s marriage to Serena’s movie star mother Elizabeth Vasson takes her back to war-torn Libya where she must risk death if she is ever to piece together a chapter of their lives that she never even knew existed.

As always, Bradford fills her book with high drama and vibrant characters in a moving story that portrays love in its many guises... and the power of the past to control both the present and the future.

(HarperCollins, hardback, £14.99)

Burton Fleming traffic calming plan ‘not justified’

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AN EAST Riding of Yorkshire Council officer has slammed a petition by a village action group which aimed to highlight the danger of speeding traffic in Burton Fleming.

The petition, signed by 220 residents, was submitted by Burton Fleming Speed Awareness Group (BFSAG) to East Riding Council in December 2011.

It was intended to flag up to the police and council the issue of speeding in the village and to discuss a potential solution.

However Nigel Pearson, director of environment and neighbourhood services at East Riding Council, said in his report to the Environment and Regeneration Overview and Sub-Committee yesterday, traffic calming assessments had been carried out in the village which showed a good level of traffic safety.

For the full report see this week’s Driffield Times & Post, out on Thursday March 14.

Council plan for scrutiny

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EAST Riding of Yorkshire Council has applied to build 14 houses on land it owns - and in a twist of fate has had its own planning application recommended for refusal by a council officer.

Two separate applications for outline planning permission were submitted by the council: one for ten houses on St Martin’s amenity land in 1 St Martin’s Drive, Burton Agnes, and another for four houses on land in 2 St Martin’s Drive.

However in a report by Alan Menzies, director of planning and economic regeneration at the council, both applications have been recommended by refusal as they are not considered to be of benefit to the village.

Mr Menzies, in a report to the Eastern Area Planning Sub-Committee, said the applications did not comply with the Joint Structure Plan for Kingston upon Hull and East Riding of Yorkshire - which aims to limit development in villages, because they proposed to build on greenfield land.

He said: “Given that Burton Agnes has no services or facilities beyond a primary school and public house, incoming residents would have to travel for employment purposes and to either Bridlington or Driffield for essential services and facilities.”

The applications are also deemed to contravene the National Planning Policy Framework - which aims to promote development to meet need, as the proposals are not considered necessary to meet demand.

However a conflict in policy arises from the report, as Mr Menzies states both application sites are for residential development in the East Yorkshire Borough Wide Plan, but in the draft East Riding Local Plan is not allocated for housing as it lies outside current development limits.

He said: “It is considered that as the draft plan is in accordance with the National Planning Policy Framework, it can be afforded more weight.”

However the applicant, in regard to both plans, said: “The site is allocated for residential development in the existing local plan. The erection of dwellings is, in principle, in accord with established policy.”

In regard to the application for four houses it was said: “The weight to be given to the conflicting plans is a matter for the decision maker.

“On the one hand there is a statutory development plan which allocates the site for residential development, on the other hand a draft plan which, at the time of writing has not been the subject of a consultation exercise.”

The proposals both refer to two-storey dwellings on land which was previously used for council housing, but is now allocated as greenfield land.

The applications are both set to be considered at a meeting of the Eastern Area Planning Sub-Committee on Monday March 18.

For a full report of the meeting’s outcome see next week’s Driffield Times and Post, out on Thursday March 21.

Petition to be held in Driffield

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CAMPAIGNERS against the proposed closure of Langtoft Primary School will be collecting names for their petition to East Riding of Yorkshire Council.

On Thursday March 14 parents and supporters of the school will be in Driffield Market between 11am and 1pm with their petitions to generate support opposing the potential school closure.

They will also petition in Driffield on Saturday March 16 between 11am and 1pm.

The signatures will be presented to council officers at a public meeting at the school on Tuesday March 19 at 6pm.


Get your skates on in Driffield

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AN OPEN day will be held at a skate park in the town for people to sample what the facility has to offer.

Skateopia, in Skerne Road, Scotchburn Garth, Driffield will hold its open day on Saturday March 30.

It is an all-day event and is free to attend.

There will be a barbeque, music and competitions with prizes for the winners.

For more information contact 07732 487237 or visit www.skateopia.com

Leg waxing for Comic Relief in Leconfield

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A SPONSORED leg and chest wax will take place at the Defence School of Transport in Leconfield.

The wax is in aid of Comic Relief and will commence in the afternoon of Friday March 15.

Eight military and civilian staff have volunteered to take part in the fund-raiser.

For a report of the event see next week’s Driffield Times and Post out on Thursday March 21. Military and civilian staff

Permission for homes granted

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PLANNING permission to build 24 residential dwellings including a block of four apartments has been granted.

Developers Chevin Housing Association Ltd appealed against a refused planning application made to East Riding of Yorkshire Council in March last year, and were granted permission on Wednesday March 6.

The development will see Northfield Avenue, in Driffield extended with the inclusion of associated private gardens and access parking.

P J Asquith, an inspector appointed by the Secretary of State for Communities and Local Government, conducted a site visit in January.

In his appeal report he said: “The scheme would help to deliver much-needed affordable housing. It would not be premature or prejudicial having regard to emerging Local Plan policy or represent an intrusive incursion into the countryside that would unacceptably impact on the appearance and character of the area.”

A Section 106 agreement has been made to ensure the housing remains affordable and available to local people.

Ex-police chief gets new role

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RETIRING Humberside Police Chief Constable Tim Hollis has accepted an honorary new role within the military.

Mr Hollis, who is due to retire from policing at the end of March after eight-years as Chief Constable of Humberside Police, has been appointed the Honorary Colonel of the Army Cadet Force (AFC) for South Yorkshire and Humberside.

Mr Hollis is also a former Parachute Regiment officer and said he is looking forward to return to the military.

He said: “Having spent the first three years of my public service in the British Army, it’s rather gratifying to return to the military after 35 years of policing.

“Having now served for a total of 16 years in South Yorkshire and the Humberside Police, it will be satisfying to retain a link with both areas in my new role.

“I look forward to working with the ACF permanent staff and volunteers who provide invaluable support and training to young people.

“I will particularly enjoy visiting the training bases to meet the young cadets.

“These are difficult times and young people benefit from the guidance and encouragement the ACF team provide.

“The Cadets’ developing skills and self confidence will be a real asset to them as they make their way as citizens in the future.”

The ACF is the country’s largest voluntary youth service.

House build plan

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A PARISH council has registered a strong objection to a proposal to build a house in North Frodingham.

The application by Ben Jackson was made in December last year and was recommended for approval by the Eastern Area Planning Sub-Committee which held its meeting yesterday.

The site is on land west of 24 North Townside Road, North Frodingham.

North Frodingham Parish Council said: “Approval of this application could potentially just add another house that, if not properly maintained once built, would deteriorate very rapidly.”

See next week’s Driffield Times and Post, out on Thursday March 21 for a report of the committee’s decision.

Book review: Sunlight on the Mersey by Lyn Andrews

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With 33 novels to her name, Lyn Andrews is now the undisputed queen of the Merseyside saga.

Her warm and compelling stories featuring recognisable northern characters and the struggles and hardships faced by working class communities over the last century have made her one of the UK’s most popular authors.

Sunlight on the Mersey, a gritty, engrossing tale of love and survival set in the aftermath of the First World War, sees Andrews on top form with her now irresistible blend of romance and drama.

Using her keen eye and ear for straight-talking, northern humour and the stubbornness and resilience that mark out the Lancashire character, Andrews’ enchanting story is guaranteed to win hearts and keep the pages turning.

The Great War has left its mark on the Mundy family at their home in Liverpool’s docklands but, with the return of eldest child Charlie after a year on the Western Front, there are hopes that life will soon return to normal.

But Charlie has been hardened by his experiences on the battlefield and three years later he has still not settled back into his job as a shipping clerk. Moody, restless and self-centred, he yearns to make more of his life and to break out from his modest background.

Independent and outspoken Iris, eldest of his two sisters, works in a local shop and also has ambitions but is painfully aware that she is just lucky to have a job.

Youngest child Rose is the darling of her pawnbroker father Bill but her delicate health is a constant worry and after a serious illness, her mother Kate packs her off to the beautiful Welsh village of Tregarron to recuperate with a family friend.

But times are changing and when Rose lands a job as housemaid at Plas Idris, the local big house, she falls madly in love with tragic young hero David Rhys-Pritchard whose war injuries have left him confined to a wheelchair.

At home, Charlie is still keen to improve his social standing and seems to be sacrificing real love for ambition when he becomes engaged to the daughter of a successful coal merchant.

But then tragedy strikes and the whole family must pull together if they are to survive the turmoil that lies ahead...

Another enthralling story from a born storyteller and a spring treat for her army of loyal fans.

(Headline, hardback, £14.99)

Cats Proection

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Beverley and Pocklington Cats Protection are still inundated with unwanted cats (and a few kittens) and desperately need to make space in their pens for the pregnant strays now beginning to appear.

The branch is holding an open morning and cat homing at the pens at 221 Hull Road, Woodmansey HU17 0TR on Sunday, March 17 from 11.00 a.m. to 1pm.

Admission is a donation, either cash or cat food. All adult cats from Cats Protection have been vet checked and are neutered, vaccinated and microchipped.

Branch co-ordinator Sheila Rees said: “Usually the kitten season ends October/November time and we can home some of our adults, especially the mothers of the kittens.

“This year the kittens have kept coming in and now we have pregnant strays too. A pregnant cat blocks a pen for about three months, until the kittens are born, old enough be to rehomed and until the mother cat can be neutered, so it is essential we create space in the pens”.

For further information telephone 01482 882347 or 01482 861866.


DAD DONATES £1,000 TO VILLAGE PRE-SCHOOL AFTER RUNNING FIRST HALF MARATHON

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Cherry Burton Pre-School are making plans to invest in new educational equipment and toys for their children this week after a dad of two raised £1,000 for them, running the Great North Run on his birthday.

Andy Minors handed over the whopping sum at a special cheque presentation on March 11, after completing the challenging half marathon back in September 2012 – on his 42nd birthday.

Cherry Burton Pre-School is a registered charity run by a voluntary management committee, which means there often isn’t any spare cash to pay for new equipment and toys, so the £1,000 donation by Andy has received a warm welcome by both the staff and children.

Claire Newton, manager at Cherry Burton Pre-School, said: “We can’t thank Andy enough for his generosity and we are honoured that he chose to run the Great North Run to raise money for us. Any educational equipment we need at the pre-school has to be fundraised for by us, so receiving such a large sum of cash is fantastic – we can finally invest in some new toys, but first on the list is a new play kitchen!

“We actually had a clear-out of our stock room last week and having this money meant that we were able to get rid of toys that we’ve kept hold of for years. We’ve already got a list as long as my arm for their replacements!” added Claire.

Andy Minors said: “Both of my children have been to Cherry Burton Pre-School, my youngest Ethan is still there, and all of the staff are so dedicated to the children and their development - they do such a great job!

“It’s so rewarding to be able to hand over money that I know will make a huge difference to both the children and the staff at the pre-school – it makes all the hard work and training for the Great North Run worth it.”

Drop in meeetings

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The Ward Councillors for the Minster and Woodmansey Ward held the second of their Drop In Evenings for their Ward residents at Keldmarsh School.

Displays of the Future Beverley Plan, The Beverley Integrated Transport Plan and YORSwitch cheaper energy scheme were on hand as were Officers from the East Riding of Yorkshire Council to man the stands and answer residents questions.

Councillors Elvidge , Harold and Peacock thank all the officers concerned who not only manned the stands at Keldmarsh School but also the stands at the previous Drop In meeting held at the St Nicholas Community Hall.

Councillor Peacock said residents made alot of practical valid points regarding the numbers of dwellings involved and there was a great deal of anxiety over the amount of traffic that would eventually go past the Keldmarsh chool as well as disbelief that the proposal for Beverley Parklands would see in excess of 750+ houses all taking access from Rosemary Way.

Councillor Harold who is also a governor at Keldmarsh School said the Keldmarsh School problem must be addressed and Councillor Elvidge said it is imperetive that ward residents write or e-mail the Council with their views and concerns. As a result of the two meetings the Ward Councillors will hold a series of meetings with Council officials over the sheer number of dwellings proposed for the Minster and Woodmansey Ward. All Ward Councillors firmly believe that the numbers of dwellings proposed amounting to 2,700 dwellings is completely unacceptable and this must be addressed.

Curtis sees red over taunts from Jimmybrownpants

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A VICIOUS-tongued cyber bully who taunted boxer Curtis Woodhouse over his defeat in an Englsih title bout was left quaking in his boots - when the angry fighter threatened to track him down and turn up on his doorstep.

The story of “jimmybrownpants” unfolded live on the social networking site Twitter and flashed around the world, and the actions of Mr Woodhouse won praise from a welter of celebrities - including deputy Prime Minister John Prescott, World Champion boxer Lennox Lewis and footballers Andrew Cole, Joey Barton and Robbie Fowler.

Mr Woodhouse, 32, had suffered a torrent of offensive personal abuse on Twitter from an internet “troll” calling himself The Master, after his defeat to Shayne Singleton in the English light-welterweight title on Friday.

Tweets called for him to retire immediately and branded him a complete disgrace and said: “Haha, you lost you silly mug, fight a 10-year-old next time if you want to actually win”.

The Driffield-born former footballer turned fighter decided that enough was enough and responded by offering his thousands of Twitter followers £1,000 for anyone who could provide an address or photograph of the person who was “trolling” him – a term used when internet posts become insulting.

He then posted a tweet claiming he had got an address - and even posted a photograph of the street where the Master was said to live.

The Master - later named by the national press as James O’Brien, 24 - quickly responded by apologising profusely and claiming that the matter had got out of hand and he said: “Chill out pal, I was only doing it so you would bite back.”

After saying he had stood on his street waiting for the man to emerge, Woodhouse Tweeted: “He never came out to play so I’m going back home. It was maybe a bit daft what I did today but sometimes enough is enough.”

In an exclusive interview with Driffield Times & Post sports editor Andy Stabler, Mr Woodhouse said: “This guy had been tweeting me for a good few months now, just abusing me at every opportunity he gets, and everyone gets to a point where enough is enough, and I am not going to take this anymore.

“So I took matters into my own hands.

“I don’t advocate doing anything like that, but you know you have to make a stand against these people, because you can’t just put anything on Twitter you want, and think that you can get away with it.

“You wouldn’t say that to someone in the street - if you did you would probably end up getting locked up or being put in prison for six months.

“But these twitter trolls think that they are untouchable.

Mr Woodhouse said: “It took me about three minutes to find out his name, his address, where he worked and even what football team he plays for on a Sunday. I got them via a friend who knows someone, who knows someone who knows someone.

“So these trolls which think they are untouchable. Like Jimmy Brown Pants yesterday, we can get to them whenever we want.

“Its nice to get one back over them.

“And it’s not just me, also the likes of Katie Price, and he even sent Lennox Lewis a tweet, saying he was going to batter him - and for him to be squirming like that yesterday, well.

As the story broke, thousands of people began to follow Mr Woodhouse on Twitter.

The former English Light Welter Weight champion said his phone had been ringing constantly for two days constant, with all sorts of people trying to get in touch.

box outs .....

curtis woodhouse ‏@woodhousecurtis: “Just had a call from somebody who knows somebody who knows somebody and @jimmyob88 has asked what he can do to make me go away! #boxing.”

John Prescott ‏@johnprescott said: “THIS is how we deal with things in Hull. Boxer @WoodhouseCurtis tracks down a Twitter troll to his street.”

Joseph Barton ‏@Joey7Barton: “@woodhousecurtis brilliant mate. Your my hero. Wish someone had a hidden camera in his room right now. He’d be flapping..#keyboardwarrior”

Exclusive Greystones eco home

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Renewable source energy and high

efficiency insulation are features of this eco home development close to Endcliffe Park.

The show home – at 92 Onslow Road, Greystones, Sheffield S11 – is on the market at £279,950 with full 3% stamp duty paid.

The property is part of an exclusive development of six new townhouses and traditional terraced homes, newly constructed in the desirable suburb.

Fitted with 100% Burber wool carpets and under-floor heating, they are built to high energy performance specifications with 10% of energy needs provided by renewable sources.

The development is within easy reach of good schools, local amenities, shops, bars, restaurants in Ecclesall Road, and also handy for public transport to the city centre.

Entrance is into a hallway which leads to an open plan living space with striking vaulted ceiling.There is also a ground floor cloakroom with wc.

The kitchen area is fitted with a range of contemporary high-gloss wall and base units with worktops incorporating stainless steel sink unit.

Integrated equipment includes an electric hob with extractor hood and electric oven. Under-stairs storage is available.

Focal point of the lounge and dining space is an exposed brick wall. There are two remote controlled Velux-style windows.

Stairs rise to a landing which leads to the master bedroom, with full height timber framed double glazed windows.

There is a generous bathroom with wash basin, wc, shower enclosure and free-standing bath.

More stairs lead to a second floor with a shower room and two more double bedrooms – one featuring a generous mezzanine level which offers flexible space for a variety of uses.

Outside is an enclosed area to the front, with decking and slate chippings. There is an allocated parking space, a bin store and bike store.

The roof is mounted with 1kw photovoltaic solar panels.

Details: Hunters, Ecclesall Road, Sheffield (0114) 267 2080.

Sought-after location

Exclusive development

High energy efficiency

Open-plan living space

Stamp duty paid

Stephanie Robinson answers your questions

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Deposits are one of the issues most often questioned by landlords. In this month’s column, Stephanie Robinson runs through the best ways to handle and return a bond, to keep property owners on the right side of the law…

What constitutes a rent deposit?

Generally, a deposit is recognised as a lump sum, often described as a bond, that tenants pay before keys to a rental property are handed over.

Deposits are most commonly taken by landlords entering into an assured shorthold tenancy. They can, however, come in different forms.

Any money taken by or for the landlord as security against the tenant’s liabilities will constitute a deposit and must be protected in a government approved scheme. This includes:

1. A ‘cleaning fee’ paid by the tenant in advance and repaid at the end of a tenancy if the property is left in a reasonable condition.

2. Additional money charged as rent each month, which is offset against the potential costs of cleaning and repairs.

This is still classed as a deposit, even if it is not described as such, if there is clear provision for it to be repaid at the end of the tenancy.

Is advance rent classed as a deposit?

It used to be accepted that to charge advance rent at the start of an assured shorthold tenancy would not be considered a deposit. This was because advance rent was ‘used up’ as it fell due and the tenant would not have to make any further payments to cover the equivalent period.

A landlord does not have the right to use this money to cover anything but rent. However, an unreported case heard in Grimsby County Court – Piggot v Slaven, April 2009 – found that, whilst each situation should be considered on its own merits, asking a tenant to pay money, which was to be held against rent due in the last two months of the tenancy, was in effect a requirement to pay a deposit.

If rent paid in advance can be treated as a deposit, it will cause a problem for landlords who find themselves at risk of a fine or unable to take possession of their property if they fail to protect the money.

Unfortunately, drawing down rent paid in advance from a tenancy deposit scheme would also be administratively complicated.

How do I handle a dispute over a returned deposit?

Findings from one of the largest tenancy deposit schemes revealed that the majority of tenancies end without issues surrounding the bond. Last year, approximately 99% of its members returned deposits in full or with deductions agreed by the tenant, without involving the scheme’s administrators. This is positive news for both landlords and tenants.

The scheme noted that landlords should encourage tenants to read their rental agreement and inventory carefully, as they contain essential information about the condition of the property and the reasons why deductions may be made.

If you are unable to reach an agreement about the return of a bond, communication is the most effective way to find a resolution and guides to negotiation can be obtained from some of the approved schemes.

Is there an alternative to taking a deposit?

In my opinion, taking a deposit is the best form of protection against damage to your property, but if you are set against doing so, you could impose an administration fee.

This non-refundable charge covers, for example, the following-up of references and the preparation of tenancy agreements. If it is described correctly, then it does not fall under the protection of the tenancy deposit schemes.

In cases where the courts felt landlords misrepresented the payment, it was deemed the money could be treated as a deposit.

If you intend to take an administration charge, I recommend wording your tenancy along the following lines: “An administration charge of £xxx is payable. This is a charge, which is made for taking up references and preparing and completing the tenancy agreement.

“It is not refundable. Instead it is a charge which we make. It is therefore not a tenancy deposit. It will not be paid back to you when the tenancy ends.”

Stephanie Robinson is a solicitor specialising in property and commercial litigation at Sheffield’s Taylor&Emmet LLP. Call 0114 218 4000 or visit www.tayloremmet.co.uk and www.landlorddisputes.co.uk.

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