AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 27 February 2002.

PRESENT:

Councillors: P.A. Heath (Chairman); Mrs P.G. Banks; J.D. Bryant; Mrs E.M. Byrom; J.E. Coles; C.R.H. Davidovitz; Mrs P.M. Devereux; A.G. Dowden; E.F. Gale, MBE; M.S. Geddes; Mrs D.R. Harrison; K. House; A.R. Ludlow; P. Luffman; R.H. Price; Mrs E.M.F. Randall; M.J. Roberts; Sir James J. Scott; Mrs V. Steel; J.W. Stocks; Dr. J.G.L. Wall; Miss J.D. Wride.

Councillors Mrs S.E. Allbright and F.J. Bright were also in attendance.

40 MINUTES

The Minutes of the meeting of the Committee held on 9 January 2002 were confirmed by the Committee and signed by the Chairman.

41 MINUTES OF THE EXPLOSIVES PANEL

The Minutes of the meeting of the Explosives Panel held on 14 December 2001 were confirmed by the Committee and signed by the Chairman.

42 MINUTES OF REGULATORY COMMITTEE B

The Minutes of the meeting of the Regulatory Committee B held on 29 January 2002 were confirmed by the Committee and signed by the Chairman.

43 DEPUTATIONS IN RESPECT OF THE APPLICATION TO REGISTER LAND AT TESTWOOD HOUSE FARM, TOTTON AS VILLAGE GREEN

Miss Downer and Mr Burton made deputations on the Testwood House Farm application. The Committee then considered the report of the Chief Executive (Item 6 in the Minute Book) on the matter. Councillor Bright, the local Member, requested that the matter be deferred for 28 days to allow full consideration to be given to the most recent evidence submitted by applicant Mr Whiting. In response the Chief Executive confirmed that advice had been sought from a senior barrister on all the evidence submitted in support of the application, including that submitted on 11 February and the day previous to the meeting, 26 February. The advice received was that this evidence did not contain any information which had not been submitted in respect of the previous application.

RESOLVED:

That the application for registration of land at Testwood House Farm, Totton as village green be rejected for the reasons given in Sasha White's advice as supplemented by the further opinion of John Hobson, QC in that

(i) the evidence provided in support of the application did not differ greatly from that considered at the public inquiry in 2001 and


(ii) the application fails to show that there has been user of right for the requisite period of 20 years prior to the date of the application.

44 DEPUTATIONS IN RESPECT OF THE PROPOSED CONSTRUCTION WASTE RECYCLING FACILITY AT SELBORNE BRICKWORKS (F20661/035/CMA)

Messrs. Hewitt and Gosling made deputations in respect of the proposed construction waste recycling facility at Selborne Brickworks. The Committee then considered the report of the Chief Executive (Item 4 in the Minute Book) on the site visit in respect of the application. The County Planning Officer advised that East Hampshire District Council had raised a strong objection on the grounds of the location being too remote and adverse traffic impact. Three extra letters of objection had been received on traffic grounds and in one the proprietor of Springfield Nurseries had advised that CCTV surveillance had shown some 50 lorries visiting the site each day for four days. Mr Duckworth, Chairman of the Oakhanger Preservation Society, had requested that, if permission was to be granted, the daily infill of 400 tonnes of waste be strictly adhered to, that the current voluntary lorry routeing arrangements be formulated legally and that the surfaces of local roads be kept clean and tidy. The County Planning Officer recognised that the traffic generated by the site is the main cause of concern and wondered whether the Committee would prefer a weekly limit in respect of the waste to be imported rather than the 400 tonnes per day maximum. He stressed that the operator has to keep records of traffic which are open for public inspection. Councillor Scott, the local Member, felt that the applicant is a good operator but was still opposed to the application on account of local adverse impact. Points made in the debate covered control of lighting and means of reducing the amount of mud being deposited on the road.

RESOLVED:

That, subject to a legal agreement to provide a financial contribution to offsite highway works, ongoing maintenance of the highway in the vicinity of the site and lorry routeing, planning permission in respect of the proposed construction waste recycling facility at Selborne Brickworks, Honey Lane, Selborne (F20661/035/CMA) be granted subject to the conditions specified in the report and subject to additional conditions requiring that light emanating from the site be kept to as low a level as possible and to surfaces being hardened within the site at the approaches to the exit to minimise the amount of mud being deposited on road surfaces.

45 DEPUTATION IN RESPECT OF THE VARIATION OF CONDITION (1) OF PLANNING PERMISSION 71244 FOR AN EXTENSION OF TIME FOR THE WASTE TRANSFER STATION, NORTH COMMON LANE, SWAY (73737)

Mr Matson made a deputation on the North Common Lane, Sway application. The Committee then considered the report of the County Planning Officer (Item 8 in the Minute Book) on the matter. The County Planning Officer advised that approval was being recommended for a temporary period to allow the applicant to find an alternative site. The New Forest District Council Environmental Health Officer felt that the condition in respect of noise levels was not sufficiently strong and the County Planning Officer would thus discuss the matter with the Environmental Health Officer.

RESOLVED:

That, subject to legal agreements relating to lorry routeing and a financial contribution to highway maintenance, planning permission in respect of the continued use of the waste transfer station for a temporary period of six months on land off North Common Lane, Sway (73737) be granted subject to the conditions specified in the report subject to condition 1 being amended to read "..... shall be removed and the land restored in accordance with the landfill permission number 043881 by 30 June 2002", and subject to condition 2 in respect of noise being amended should the discussions between the County Planning Officer and the New Forest District Council Environmental Health Officer result in acceptance that the 10dB(A)LAeq level is excessive and to the addition of an informative note to the certificate stating that the County Council would not positively entertain a further application for an extension of time.

46 REGULATORY COMMITTEE B - MEMBERSHIP OF APPEAL HEARING

The Committee considered the report of the Chief Executive (Item 5 in the Minute book) on the membership of appeal hearings.

RESOLVED:

(i) That the core membership on appeals be noted.


(ii) That Councillors Mrs S E Allbright and M S Geddes be appointed members of Regulatory Committee B.


(iii) That Councillor Mrs Allbright replace Councillor Pierce on the Pension Appeals Panel and Councillor Geddes be appointed to the School Transport Appeals Panel.

47 PROPOSED VARIATION OF CONDITION TO ALLOW AN EXTENSION OF TIME FOR COMPLETION OF TIPPING, NETLEY LANDFILL SITE, PORTSMOUTH ROAD, HOUND (15164/021)

The Committee considered the report of the County Planning Officer (Item 7 in the Minute Book) on the Netley Landfill site application. The County Planning Officer reported that Eastleigh Borough Council had not raised objection and Councillor House, the local Member, advised that he supported the recommendation.



RESOLVED:

That planning permission in respect of a variation of condition to extend the period for the completion of tipping operations at Netley Landfill site, Old Portsmouth Road, Hound (15164/021) be granted subject to the conditions specified in the report.

48 PROPOSED USE OF PART OF THE SITE AS SPORTS FIELDS AND MATCH FISHERY, INCLUDING THE ERECTION OF ASSOCIATED CLUBHOUSES, CONSTRUCTION OF CAR PARKING AND ACCESS, CHANDLERS FARM, FOX LANE, EVERSLEY (01/01332/CMA)

The Committee considered the report of the County Planning Officer (Item 9 in the Minute Book) on Chandlers Farm, Eversley.

RESOLVED:

That planning permission in respect of the use of part of the site as sports field and match fishery, including the erection of associated clubhouses, car parking and access at Chandlers Farm, Fox Lane, Eversley (01/01332/CMA) be granted subject to the conditions specified in the report.

49 CONSTRUCTION OF NEW PLAYGROUND, MEONSTOKE C.E. SCHOOL, CHAPEL LANE, MEONSTOKE (W16121/02)

The Committee considered the report of the County Planning Officer (Item 10 in the Minute Book) on Meonstoke C.E. School.

RESOLVED:

That planning permission be granted for development by the County Council comprising the construction of a new playground at Meonstoke C.E. School, Chapel Lane, Meonstoke (W16121/02) subject to the conditions specified in the report.

50 TEMPORARY OPEN STORAGE OF OLD REFRIGERATORS AND FREEZERS PENDING AVAILABILITY OF DISMANTLING/DISPOSAL FACILITIES AT HAVANT DEPOT AND LORRY PARK, HARTS FARM WAY, HAVANT (02/56960/005)

The Committee considered the report of the County Planning Officer (Item 11 in the Minute Book) on the Havant depot application. The County Planning Officer reported that Havant Borough Council had raised no objection but had suggested that a temporary permission for 18 months be granted; the County Planning Officer felt that this timescale was excessively restrictive. Councillor Miss Wride, the local Member, was concerned about the length of time the items would be on the site.

RESOLVED:

That planning permission in respect of the temporary open storage of old refrigerators and freezers pending availability of dismantling/disposal facilities at Havant depot and lorry park, Harts Farm Way, Havant (02/56960/005) be granted subject to the conditions specified in the report.

51 DEVELOPMENT CONTROL SCHEDULE

The Committee received the report of the County Planning Officer (Item 12 in the Minute Book) on development control decisions taken by the County Planning Officer.

RESOLVED:

That the report be noted.

8RM31202