Archived decisions

Contact: Roger Stow, ext 6731/John Priest, ext 7336

1. Summary

1.1 This report sets out draft Terms of Reference for the operation of Minerals and Waste Site Liaison Panels in Hampshire for endorsement by Members.

2. Background

2.1 On 10 April 2002 Members considered a report of the County Planning Officer on the purpose and operation of Liaison Panels for minerals and waste sites in Hampshire (see Appendix 1) and expressed support for their continued operation, with a member of the County Planning Department staff being in attendance at all meetings. The table of Liaison Panels attached to Appendix 1 has been updated (see Appendix 3).

2.2 Members resolved that a report be submitted to a future meeting on the development of a clear statement of purpose for the Minerals and Waste Site Liaison Panels.

2.3 In discussion, there was general agreement that the Panels served a useful purpose. The following points were raised:

(i)planning officers should attend the Panel meetings for their expertise and further knowledge of highway issues and legal aspects;

(ii)sites meetings could be combined geographically;

(iii)companies should not chair their own meetings;

(iv)whether the cost of Panels could be passed on to the applicant;

(v)whether the number of Panels could be reduced;

(vi)Panels should meet during operating hours; and

(vii)Panels should be referred to in the Local Plan.

3. County Planning Officer's and Chief Executive's Comments

3.1 The primary purpose of Liaison Panels for minerals and waste sites is for representatives of local communities, operating companies and regulatory authorities to discuss on and off-site operations and development progress, particularly with regard to working and restoration, and to foster understanding of the needs of the different parties affected by mineral and waste operations.

3.2 The Panels are an important part of the monitoring process for sites which are likely to have a direct impact on local residents and they provide an open forum for information and discussion. The attendance of an experienced planning officer at every Panel, who is able to respond to any issues which may arise, is supported.

3.3 Whilst there is some scope for combining sites geographically to discuss shared objectives, such as the Avon Valley Forum, much of the discussion at Panels is site specific and allows for a more open and frank commentary on operations which might not be as productive if more than one operator was present.

3.4 With a few exceptions, Panels are administered and chaired by the County Council. This enables the frequency and timing to be arranged to suit Members. Some Panels are arranged by operators in cooperation with the County Council, and normally chaired by Members, and in these cases the cost of administration is then borne by the operator.

3.5 Operators are already subject to planning application and waste management licence fees and landfill and/or aggregates tax. The Government has proposed increasing planning application fees to more correctly reflect the true cost of determination and is likely to introduce monitoring fees in the future. Panels serve a useful purpose in the monitoring and liaison process and operators currently attend these voluntarily. It would be inappropriate to seek to pass on the costs of Panels to operators. To impose a planning condition to this effect would be likely to be deemed unreasonable on appeal.

3.6 Panels are only appropriate where there is likely to be a local impact which can be addressed through liaison. None of the existing Panels are surplus, although some will no longer be required following completion of restoration of sites. However, as new permissions are granted, further Panels may be suggested by Members and such requests should be examined carefully.

3.7 Panels normally meet during operating hours. However, Panels should be accessible and in certain circumstances it may be appropriate for these to be held at other times. It would be inappropriate to refer to particular times in the Terms of Reference.

3.8 A reference to encouraging the establishment of liaison panels and the purpose of these panels is included in the Minerals and Waste Local Plan (paragraph 7.5).

3.9 In response to Members' requests for a clear statement of purpose for the Minerals and Waste Site Liaison Panels, suggested `Terms of Reference, Constitution and Administrative Arrangements' for endorsement by Members are attached as Appendix 2.

Recommendation

That the `Minerals and Waste Site Liaison Panels Terms of Reference, Constitution, and Administrative Arrangements' be adopted.

7255/RS/JP

APPENDIX 2

MINERALS AND WASTE SITE LIAISON PANELS

Terms of Reference, Constitution and Administrative Arrangements

1. Title

The Panel shall be known as the [Site Name] Site Liaison Panel and shall act in an advisory capacity only.

2. Terms of Reference

For representatives of local communities, operating companies and regulatory authorities to discuss on and off-site operations and development progress, particularly with regard to working and restoration, and to foster understanding of the needs of the different parties affected by mineral and waste operations.

3. Constituent Authorities

The Panel is constituted by:

Hampshire County Council; or

the relevant site operator.

4. Membership

The Panel shall consist of an elected Member(s) (Regulatory Committee and/or Local Member) and officers of the County Council, representatives of the relevant district and parish councils, the operator(s), other regulatory authorities and other representatives of local communities.

5. Chairman

The Chairman of the Panel (where constituted by the County Council) shall be appointed by the County Council's Regulatory Committee.

6. Protocol

All members of the Panel shall use their best endeavours to resolve any outstanding differences and agreement at Panel meetings will normally be by general consensus. Where agreement is not possible, the different views expressed will be reported to the Regulatory Committee for final determination.

7. Officer Support

The principal adviser to the Panel on minerals and waste planning issues will be the County Planning Officer. District Council and Environment Agency officers shall be responsible for supplying advice and reports on regulatory matters within their areas of responsibility.

8. Secretarial Support

Secretarial support for the Panel (where constituted by the County Council) will be provided by the Chief Executive, Hampshire County Council.

9. Conduct of Meetings

The conduct of meetings of the Panel (where constituted by the County Council) shall be regulated by the Standing Orders of Hampshire County Council so far as the same are applicable to Committees.

10. Quorum

A quorum for meetings of the Panel (where constituted by the County Council) shall be three, of whom at least one shall be a Member of the County Council as Mineral and Waste Planning Authority.

11. Powers to Commit Expenditure

The Panel shall have no power to commit expenditure.