Contact: Neil Chester, ext 6496

1. Summary

1.1 The proposal is to delegate the development control powers of the County Council to Dorset County Council in relation to a proposed bridge replacement scheme on the Hampshire/Dorset border. A delegated arrangement will reduce the administrative complexity. The County Council would be consulted on any application arising at this site. Accordingly, it is recommended that the proposal be approved.

2. Site and Proposal

2.1 The bridge, the subject of the proposed delegation arrangement, is situated on the Avon Causeway on the Dorset/Hampshire border, as illustrated on the attached plan. The bridge straddles the boundary between Hampshire and Dorset.

2.2 The bridge is located within an area of significant conservation value. Statutory designations include the Avon Valley System Site of Special Scientific Interest, candidate Special Area of Conservation (cSAC), Avon Valley Special Protection Area (SPA) and the Avon Valley Wetland of International Importance (Ramsar Site).

2.3 There exists an agreement between the two Counties whereby Dorset County Council manages the bridge. The bridge has been identified by Dorset County Council as failing and surveys have identified that complete replacement is required. The proposal is to delegate the development control powers of the County Council to enable Dorset County Council to determine an application to replace the entire bridge. In the absence of a delegation arrangement, each County Council would be required to determine an application for the element of the bridge that falls within its jurisdiction.

3. Officer's Comments

3.1 The proposal is to delegate the development control powers of the County Council under Regulation 3 of the Town and Country Planning Regulations 1992 to Dorset County Council in the interests of administrative efficiency in respect of a planning application and `appropriate assessment' for a replacement bridge at the Avon Causeway. In addition, the proposal is for Dorset County Council to undertake the `appropriate assessment' under the Habitats Regulations 1994 for this development.

3.2 Any application for planning permission will be accompanied by the associated issues of Environmental Impact Assessment and Appropriate Assessment under the Habitats Regulations (1994). If delegation arrangements were not approved then there would not only be two planning applications, but also the issue of whether two Appropriate Assessments are required. There are significant logistical and legal complications by adopting this approach, including the risk of confusing the public.

3.3 The County Council's solicitors have been consulted on the legality of this proposal. They confirm that planning powers can be delegated to Dorset County Council who would then be able to undertake the responsibility for both planning application and the appropriate assessments.

3.4 Hampshire County Council will be consulted on any application determined by Dorset County Council regarding the bridge.

3.5 On balance, it is considered that the benefit of delegating planning powers outweighs any temporary loss of jurisdiction in this matter. Accordingly, it is recommended that the proposal be approved.

Recommendation

That, because Dorset County Council manages the existing bridge and any replacement scheme would be implemented by Dorset County Council, this authority delegates determination of the Hampshire portion of an application to Dorset County Council so that it can be considered alongside that which lies in the Dorset area.

7800/NC