Archived decisions
AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 26 February 2003 at 10.00 am.
PRESENT:
Councillors: J.K. West (Chairman); Mrs S.E. Allbright; Mrs P.G. Banks; R.J. Baulk; I.F.E. Beagley; Mrs E.M. Byrom; J.E. Coles; C.R.H. Davidovitz; Mrs P.M. Devereux; A.G. Dowden; E.F. Gale; M.S. Geddes; Mrs D.R. Harrison; 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.
Councillor R.C. McIntosh was in attendance as an observer; Councillors T.K. Thornber and
P.K. Mason were also in attendance for Items 149 and 150 and 152 in the Minutes respectively.
143. DECLARATIONS OF INTEREST
Members were mindful that, where they believed they had a personal or personal prejudicial interest in any matter to be considered at the meeting, they should normally at the time of the debate, declare their interest and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, consider whether to leave the meeting whilst the matter was discussed.
144. MINUTES
The Minutes of the meeting of the full Committee held on 8 January 2003 and of the Committee B held on 19 December 2002 were confirmed by the Committee and signed by the Chairman.
145. CHAIRMAN'S COMMUNICATIONS
The Chairman reminded members that a special meeting of the Committee was to be held that afternoon to consider mitigation land for the Winchester Bar End Park and Ride phase II.
146. PROPOSAL TO MODIFY THE DEFINITIVE MAP TO AMEND THE POSITION OF CRONDALL FOOTPATH 45
The Committee considered the report of the Director of Recreation and Heritage (Item 5 in the Minute Book) on Crondall Footpath 45.
RESOLVED:
(i) That an Order be made under Section 53(2)(b) of the Wildlife and Countryside Act 1981 and submitted to the Secretary of State for the Environment, Food and Rural Affairs for confirmation or confirmed by the County Council, as appropriate, to amend the route of Crondall Footpath 45 to that shown on the plan attached to the report of the Director of Recreation and Heritage.
(ii) That the definitive statement be amended to record a path width of six feet and to remove the reference to "squeeze stiles".
147. DEDICATION OF A FOOTPATH IN THE PARISHES OF BURITON AND EAST MEON
The Committee considered the report of the Director of Recreation and Heritage (Item 6 in the Minute Book) on a footpath in Buriton and East Meon.
RESOLVED:
(i) That the dedication of a bridleway at Gravel Hill, Buriton by the County Council's Countryside Service be accepted with thanks and all costs in relation to the dedication be waived.
(ii) That, on completion of the dedication agreement, an Order be made under Section 53(2)(b) of the Wildlife and Countryside Act 1981 and submitted to the Secretary of State for the Environment, Food and Rural Affairs for confirmation or confirmed by the County Council, as appropriate, to add a public bridleway as shown on the plan attached to the report of the Director of Recreation and Heritage.
148. PROPOSED ORDER FOR THE ADDITION TO THE DEFINITIVE MAP OF A FOOTPATH IN THE TOWN OF BASINGSTOKE
The Committee considered the report of the Director of Recreation and Heritage (Item 7 in the Minute Book) on a footpath in Basingstoke.
RESOLVED:
That an Order be made under Section 53(2)(b) of the Wildlife and Countryside Act 1981 and submitted to the Secretary of State for the Environment, Food and Rural Affairs for confirmation or confirmed by the County Council, as appropriate, to amend the definitive map to show a footpath between Ketelbey Rise, Basingstoke (GR: 6252 4940) (with a spur to GR: 6242 4945) (point D on the plan attached to the report of the Director of Recreation and Heritage) and the existing route of footpath 16 at the playground near to the new retail development on Chopin Road (GR: 6207 4978) (point C on the attached plan).
149. DEPUTATIONS IN RESPECT OF THE PROPOSED INERT WASTE MATERIAL TRANSFER STATION, RECYCLING FACILITY AND CONSTRUCTION OF A NEW VEHICULAR ACCESS, AMBERVALE FARM, PITMORE LANE, SWAY (75507)
Mrs Honeybun, Mrs Matson, Mr Hale (agent for the applicant) and Julie Sheppard made deputations on the Ambervale Farm application.
The Committee then considered the report of the Chief Planning Adviser to the Committee (Item 9 in the Minute Book) on the matter. The Chief Planning Adviser stated that the application should be considered from the point of view of the site itself and traffic generation. It is a brownfield site which has had a chequered history of uses and lies amongst a number of mixed business uses; it would be the subject of a waste management licence and would be better screened than the adjacent existing operation. Lorry movements would be limited to 44 per day until the Mount Pleasant sand and gravel pit is completed and this figure would not exceed current levels at the existing site. Councillor Thornber, the local Member, expressed concerns about the traffic implications of the development. The Chairman and Councillors Mrs Byrom, Roberts and Scott declared non-pecuniary interests in the matter being members of the Council for the Protection of Rural England.
RESOLVED:
That planning permission in respect of the proposed inert waste material transfer station, recycling facility and new vehicular access at Ambervale Farm, Pitmore Lane, Sway (75507) be refused for the following reasons:
The development is contrary to policies MW2(i), MW3 of the Hampshire County Structure Plan 1996-2011 (Review) and policies 6(ii), 7(ii)(v), 8(iv), 46(ii), of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (1998) in that:
(i) it is undesirable in highway terms to permit development in a rural area poorly situated with respect to the A337 and the Strategic Road Network;
(ii) it is undesirable with regards the environmental impact of traffic to permit development in a rural area poorly situated with respect to the A337 and the Strategic Road Network whereby the development may bring about the need for road improvements that may affect the setting of Buckland Rings, a Scheduled Ancient Monument.
150. DEPUTATIONS IN RESPECT OF THE PROPOSED COMPOSTING AND WORM AND TREE NURSERY TO PROVIDE FODDER AND LANDSCAPING FOR MARWELL ZOO, LAND ADJACENT TO HURST FARM, THOMPSON'S LANE, FISHERS POND (0202394HCM)
Mr Crawford, Mr Wright (the applicant), Mrs Bailey and Mr Edgerley (Chief Executive Officer, Marwell Zoo) made deputations on the Hurst Farm application. The Committee then considered the report of the Chief Executive and the Chief Planning Adviser to the Committee (Item 8 in the Minute Book) on the matter. The Chief Planning Adviser reported that the County Rights of Way Manager had raised objection to the proposal on account of its adverse impact on the bridleway.
The Chief Planning Adviser accepted that the development amounted to a departure from the development plan but felt that material considerations such as it being a sustainable development and little traffic being generated should be taken into account. Councillor Mason, the local Member, felt that the processing plant should be located behind the existing grain store rather than at the southern end of the site.
RESOLVED:
That planning permission in respect of the proposed composting and worm farm and tree nursery to provide fodder and landscaping for Marwell Zoo on land adjacent to Thompson's Lane, Fishers Pond, near Colden Common (0202394HCM) be granted subject to the conditions specified in the report of the Chief Planning Adviser to the Committee on 27 November 2002 and in the report of the Chief Executive and the Chief Planning Adviser to the Committee on 26 February 2003 subject to the following two amendments:-
(i) The addition of a condition forbidding burning of material on site.
(ii) The details of the siting of the processing plant within the overall site to be determined by the Chief Planning Adviser in consultation with the Chairman and local Member, Councillor Mason.
151. DEPUTATION IN RESPECT OF UNIVERSAL CAR SERVICES, HOLLYBUSH LANE, ALDERSHOT:
(A) PART RETROSPECTIVE APPLICATION TO EXPAND THE EXISTING VEHICLE DISMANTLING BUSINESS AND SCRAPYARD, INCLUDING CONSTRUCTION OF A DISMANTLING BUILDING (02/00754/HCC):
(B) RETROSPECTIVE APPLICATION TO REGULARISE BUILDINGS ON THE SITE AND FOR USE OF THE LAND FOR VEHICLE DISMANTLING AND A SCRAPYARD (02/00922/CMA)
Mr Boulden (the applicant) made a deputation on the Hollybush Lane applications.
The Committee then considered the report of the Chief Planning Adviser to the Committee (Item 10 in the Minute Book) on the matter. The Chief Planning Adviser reported that Rushmoor Borough Council had raised no objection but wished that the sites be considered as one entity.
RESOLVED:
(i) That, subject to a Section 106 agreement to prevent independent sale of either site (A) or site (B), part retrospective planning permission in respect of the expansion of the existing vehicle dismantling business and scrapyard including the construction of a new dismantling building at Universal Car Services, Hollybush Lane, Aldershot (02/00754/HCC), be granted subject to the conditions specified in the report of the Chief Planning Adviser subject to the amendment of condition 7 (hours of working) to reflect the current situation in respect of hours of working.
(ii) That, subject to the completion of a Section 106 agreement, retrospective planning permission in respect of the regularisation of existing land uses and buildings ancillary to vehicle dismantling and scrapyard operations taking place at Universal Car Services, Hollybush Lane, Aldershot (02/00922/CMA) be granted subject to the conditions specified in the report of the Chief Planning Adviser.
152. DEPUTATION IN RESPECT OF THE TEMPORARY STORAGE OF WASTE IN SKIPS AT THE OLD TIN BARN, OWSLEBURY, NEAR WINCHESTER (0202957HCM W14155/07)
Mr Irvine of Charles Planning Associates made a deputation on behalf of local residents. The Committee then considered the report of the Chief Planning Adviser to the Committee (Item 12 in the Minute Book) on the matter. Councillor Mason, the local member, expressed opposition to the application on account, inter alia, of it being situated too close to the adjacent property.
RESOLVED:
(i) That planning permission in respect of the temporary storage of waste in skips at the Old Tin Barn, Owslebury, near Winchester (0202957HCM W14155/07) be refused for the following reason:
The proposal is in an inappropriate location within the countryside and would cause an adverse impact on the amenity of local residents which is not outweighed by the need for the development. This would be contrary to Policies C1, C2 and MW2(i) of the Hampshire County Structure Plan 1996-2011 (Review) and Policies 6(i), 7(i) and 46(iv) of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (1998).
(ii) That enforcement action be taken to secure the cessation of the storage of waste at the site.
153. VARIATION OF CONDITIONS ATTACHED TO PLANNING PERMISSION BDB32190 TO ALLOW FOR THE CONSTRUCTION OF ADDITIONAL SILT DISPOSAL FACILITIES (PART RETROSPECTIVE) AT MORTIMER QUARRY, WELSHMAN'S ROAD, MORTIMER WEST END (BDB53439)
The Committee considered the report of the Chief Planning Adviser to the Committee (Item 11 in the Minute Book) on Mortimer Quarry.
RESOLVED:
That planning permission in respect of the variation of conditions attached to planning permission BDB32190 to allow for the construction of additional silt disposal facilities (part retrospective) at Mortimer Quarry, Welshman's Road, Mortimer West End (BDB53439) be granted subject to the conditions specified in the report.
154. DEPOSIT OF INERT MATERIAL (RETROSPECTIVE) AND TOPSOIL, FOR THE PURPOSES OF IMPROVING ACCESS TRACK AND PASTURE LAND AT OAKHANGER FARM, OAKHANGER, BORDON (F21876/016/CMA)
The Committee considered the report of the Chief Planning Adviser to the Committee (Item 13 in the Minute Book) on Oakhanger Farm.
RESOLVED:
That planning permission in respect of the deposit of inert material for the purposes of improving an access track and pasture land at Oakhanger Farm, Oakhanger, Bordon (F21876/016/CMA) be granted subject to the conditions specified in the report.
155. THE ENVIRONMENT ACT 1995: REVIEW OF MINERAL PLANNING PERMISSIONS AT RINGWOOD AND ELLINGHAM PITS, ELLINGHAM DROVE, BLASHFORD, NEAR RINGWOOD (00065190)
The Committee considered the report of the Chief Planning Adviser to the Committee (Item 14 in the Minute Book) on Ringwood and Ellingham pits.
RESOLVED:
That the review of mineral planning permissions at Ringwood and Ellingham Pits, Ellingham Drove, Blashford, near Ringwood (00065190) be approved subject to the conditions specified in the report to the Regulatory Committee of 17 July 2002 amended to incorporate the conditions specified in the report of 26 February 2003.
156. REPLACEMENT OF BRIDGE OVER THE RIVER AVON, AVON VALLEY, DORSET/HAMPSHIRE BORDER
The Committee considered the report of the Chief Planning Adviser to the Regulatory Committee (Item 15 in the Minute Book) on a proposed bridge replacement scheme on the Hampshire/Dorset border.
RESOLVED:
That, as Dorset County Council manages the existing Avon Causeway bridge and its replacement would be implemented by that Council, the determination of any planning application for such a scheme within Hampshire County Council's area be delegated to Dorset County Council under Section 101 of the Local Government Act 1972.
157. UPGRADING OF EXISTING CAR PARKING INCLUDING LIGHTING AND EXTERNAL WORKS AT THORNDEN SECONDARY SCHOOL, WINCHESTER ROAD, CHANDLERS FORD, EASTLEIGH (11538/17)
The Committee considered the report of the Chief Planning Adviser to the Committee (Item 16 in the Minute Book) on Thornden Secondary School. The Chief Planning Adviser reported that the County Lighting Engineer had no objection to the application from the point of view of light spill; the problem of such spill arising from other lights on the school site was being looked at.
RESOLVED:
That planning permission be granted for development by the County Council comprising the upgrading of the existing car parking including lighting and external works at Thornden Secondary School, Winchester Road, Chandlers Ford, Eastleigh (11538/17) subject to the conditions specified in the report.
158. COMMONS REGISTRATION ACT 1965 - APPLICATION TO REGISTER LAND AT WEST DEAN, SALISBURY, WILTSHIRE AS VILLAGE GREEN
The Committee considered the report of the Chief Executive (Item 17 in the Minute Book) on land at West Dean, Salisbury. Members requested that the allocation of the costs of the inquiry between the two authorities be on a pro rata basis determined by the area of land lying within each county.
RESOLVED:
(i) That a joint non-statutory public inquiry with Wiltshire County Council be called to consider all of the evidence available to determine the application to register land at West Dean, Salisbury, Wiltshire as a village green.
(ii) That the allocation of the costs of the inquiry between the two authorities be on a pro rata basis determined by the area of land lying within each county.
159. DEVELOPMENT CONTROL SCHEDULE
The Committee considered the report of the Chief Planning Adviser to the Committee (Item 18 in the Minute Book) on details of planning applications determined either by the Chief Planning Adviser under delegated powers or by the Regulatory Committee, outstanding applications, enforcement action and other related development control matters. Members felt that strong representations should be made to the Chief Executive that sufficient staff resources be made available to process within a satisfactory timescale legal agreements relating to planning applications.
RESOLVED:
(i) That the report be noted.
(ii) That the Chief Executive be advised of the concerns of the Committee that sufficient staff resources should be made available to process within a satisfactory timescale legal agreements relating to planning applications.
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