FOUND what the noise was 100%. its the cold weather. after doing a LOT more checking on sites, i found about 10 others now that have come across the same thing. but only in the winter ?. long story short ,they all found the noise was only there when it was really cold 3 or 4c or below. and as my noise only started when it was really cold i thought i would put it to the test. I brought my bike into my kitchen as it was 1c out side. left bike in the worm over night started it up no noise at all. left it another 3 days to make sure all the oil had dropped. started the bike again no problems at all. put bike back out side its -2 over night now. started the bike in the morning and yep the noise was back for about 10 to 15 seconds, then oil gets round and its spot on again. and bike rides 100% spot on. One lad has had it happen every year for the last 3 years when it got really cold. and has done 30.000 km and when it wormed up never happened again till the next winter.. so it must just be one of those thing. some are saying its the metal/or plastic shrinking just that bit more than it normally would or oil is just that bit thicker in the cold. Anyway it seams to be normal on some bikes so nothing to worry about. hope this can help some people out. trust me it took some finding out.
ps i checked the one way oil valve but it was not that, and kev said it was very unlikely to be that. easy to check. just take out your oil filter clean the oil out with a cloth. you will see a small hole in the bottom of the housing. this will have oil in it. leave it 4 or 5 hours and if the oil has gone, ie dropped back into the engine the the valve has gone. if the oil is still at the top of the hole, all is well. (thats what kev's link said). mine was pushing the oil up slowly so not dropping back so was all good on that front. and if it was the valve it would still do it in the worm. and just for my own peace of mind i put a brand new OEM clutch in just in case, but it was nothing to do with that but no harm putting in a new clutch.