Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 7 January 2004.

PRESENT:

Councillors: J.K. West (Chairman); Mrs S.E. Allbright; Mrs P.G. Banks; I.F.E. Beagley;

F.J. Bright; J.V. Bryant; Mrs E.M. Byrom; Mrs P.M. Devereux; A.G. Dowden; E.F. Gale; M.S. Geddes; K. House; P. Luffman; R.C. McIntosh; R.H. Price; Sir James J. Scott; J.W. Stocks; Miss J.D. Wride.

Councillor Mrs C.A. Leversha was present during consideration of items 260 and 261 in these minutes.

257 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.

258 MINUTES

The Minutes of the meeting of the Committee held on 26 November 2003 were confirmed by the Committee and signed by the Chairman subject to the amendment of the second sentence in the first paragraph of the preamble to Minute 249 to read, "Councillor Scott, the local Member, declared a personal interest as he knows the current and previous landowners of part of the land the subject of the claim".

259 CHAIRMAN'S COMMUNICATIONS

The Chairman reported on the confusion which had arisen at the New Farm, South Warnborough site visit which had resulted from the driver of the minibus refusing to return empty and insisting on bringing back his first load of passengers before taking the rest.

260 DEPUTATION IN RESPECT OF THE PROPOSAL TO DIVERT FOOTPATH 55 IN THE PARISH OF ODIHAM

Mr Foster, the applicant, made a deputation in respect of the footpath 55 proposal.

The Committee then considered the report of the Director of Recreation and Heritage (Item 5 in the Minute Book) on the proposal. Councillor Stocks declared a personal non-prejudicial interest in the matter as he knew the applicants and at their request had visited the site as an adjoining local Member; he had advised the applicants that he could not participate in the debate and could only vote at the end of the debate. The Director of Recreation and Heritage confirmed that the application had been submitted prior to the current policy being adopted which entails applications for such diversions being only entertained where it is in the interests of the public to do so. He felt that the objection made by the Open Spaces Society has some merit but on balance felt that the resultant alternative route would not be less commodious to the public.

RESOLVED:

That, in the interest of the landowners, an order be made under Section 119 of the Highways Act 1980 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 divert footpath 55 in Odiham from the route marked A to E to the route marked A to C to D as shown on plan no. 1 accompanying the report.

261 DEPUTATION IN RESPECT OF THE CHANGE OF USE TO A WASTE RECYCLING CENTRE AT THE FORMER OIL WELL SITE, NEW FARM, SOUTH WARNBOROUGH (03/01493/CMA)

Mr. Lovatt of Truline and Mr. Stevens made deputations in respect of the New Farm application. The Committee then considered the report of the Chief Executive and the Chief Planning Adviser (Item 7 in the Minute Book) on the matter. The Chief Planning Adviser felt that issues raised during the deputations had been addressed in the report and stressed the stringent targets for recycling which had been set by the Government. It was difficult to find suitable sites particularly bearing in mind countryside policies and members were being presented with a difficult decision to take. He pointed out that permission exists for use of the site for oil purposes up to 2025 and that a five year planning permission was being recommended. The Environment Agency had raised no objection whilst the District Council Environmental Health Officer had raised no objection in principle while expressing concern about 24 hour working even though the recommendation did not propose this. The Chief Planning Adviser felt that the roads would be suitable for the amount of lorry traffic generated. Members requested that the number of movements generated by the operations be restricted to 40 per day and were concerned about lorries possibly backing back on to the B3349; they stressed the need for noise to be tightly controlled and no processing of garden waste on the site. Councillor Mrs Leversha, the local Member, was concerned about who would enforce the number of lorries and possible night working; she doubted whether it is a brownfield site and did not feel that it complied with policy 46 of the Minerals and Waste Local Plan. In response the Chief Planning Adviser confirmed that the maximum of 40 lorry movements per day could be covered by a condition and felt that the bell mouth at the entrance to the application haul road should prevent lorries backing back onto the B3349. The envisaged noise limit of 45dba at the nearest dwelling would be quite stringent and any working at night would have to be the subject of a separate application; he believed it to be a brownfield site.

RESOLVED:

(i) That planning permission in respect of a change of use to a waste recycling centre at the former oil well site, New Farm, South Warnborough (03/01493/CMA be granted for the reason set out in the report and subject to the conditions specified in the report subject to the following amendments:-

(a) Amendment of condition 2 to read "The permission shall be for a temporary period expiring on 31^st December 2008 or before, on which date ...........".

(b) The amendment to condition No. 9 requiring the agreement of the waste planning authority on the provision of passing bays along the haul road.

(d) A further condition restricting the processing of green waste to woodland and forest residues and appropriate construction timber.

(ii) That a Liaison Panel to cover the workings of the site be established.

NB. Councillor Stocks voted against this resolution.

262 PROPOSAL TO MODIFY THE DIVERSION ORDER FOR FOOTPATH 32, ASHFORD HILL WITH HEADLEY

The Committee considered the report of the Director of Recreation and Heritage (Item 6 in the Minute Book) on a proposal to modify the Diversion Order in respect of footpath 32, Ashford Hill with Headley.

RESOLVED:

That the Order submitted to the Secretary of State for the Environment, Food and Rural Affairs under Section 119 of the Highways Act 1980, include a request that the Order be modified to show the section of the path between D and C on the Order remaining as a public footpath.

263 PROPOSED VARIATION OF CONDITION 2 OF PLANNING PERMISSION 43770 TO EXTEND THE CESSATION DATE OF MINERAL EXTRACTION AND RESTORATION AT IBSLEY QUARRY, LAND NORTH OF MOCKBEGGAR LANE, IBSLEY, NEAR FORDINGBRIDGE (79500)

The Committee considered the report of the Chief Planning Adviser (Item 8 in the Minute Book) on the Ibsley Quarry proposal. The Chief Planning Adviser reported that two letters of objection had been received but he was not minded to change his recommendation in the light of their contents. The Chairman suggested that the site be visited during the tour of mineral sites in 2004.

RESOLVED:

That planning permission in respect of the variation of condition 2 of planning permission 43770 to allow an extension of time for mineral extraction and tipping at Ibsley Quarry, land north of Mockbeggar Lane, Ibsley be granted for the reason set out in the report and subject to the conditions specified in the report.

264 EXTENSION OF TEMPORARY PLANNING PERMISSION TO MAINTAIN THE USE OF LAND FOR THE RECYCLING OF INERT MATERIAL TO PRODUCE SOILS AND SECONDARY AGGREGATES, INCLUDING THE USE OF SCREENING AND CRUSHING EQUIPMENT AT LAND AT UNIT 4, EVERSLEY HAULAGE PARK, FLEET ROAD, EVERSLEY (03/01582)

The Committee considered the report of the Chief Planning Adviser (Item 9 in the Minute Book) on the Eversley Haulage Park proposal. The Chief Planning Adviser reported that local Members, Councillors Glen and Collett, had respectively expressed support for the Hart District Council objection and for permission being granted as no problems exist locally. The Environmental Health Officer of Hart District Council had not raised objection to a further temporary consent.

RESOLVED:

That planning permission in respect of an extension of the temporary planning permission to maintain the use of land for the recycling of inert material to produce soils and secondary aggregates, including the use of screening and crushing equipment on land at Unit 4, Eversley Haulage Park, Fleet Road, Eversley (03/01582/CMA) be granted for the reason set out in the report and subject to the conditions specified in the report.

265 WINNING AND WORKING OF SAND AND GRAVEL WITH PROGRESSIVE RECLAMATION BY IMPORTING AND SPREADING INERT WASTE TO RESTORE FARMLAND AT LAND ADJACENT TO MARCHWOOD QUARRY AND TAVELLS LANE, MARCHWOOD

The Committee considered the report of the Chief Planning Adviser (Item 10 in the Minute Book) on the Marchwood Quarry proposal. Councillor Mrs Banks declared a personal interest being a member of the New Forest Committee. The Chief Planning Adviser felt that it amounted to a natural extension of the quarry which had operated in an exemplary fashion over the years. The Environment Agency had raised no objection but final comments from English Nature were awaited. He confirmed that engineering advice would be taken on the slope angle of the banks of the excavations and tipped area.

RESOLVED:

That subject to no substantial objection from English Nature, to the completion of the departure procedures and a financial contribution towards improvements to Jacobs Gutter Lane, planning permission in respect of the winning and working of sand and gravel with progressive reclamation by importing and spreading inert waste to restore farmland at land adjacent to Marchwood Quarry and Tavells Lane, Marchwood (76732) be granted subject to the conditions specified in the report.

266 DEVELOPMENT CONTROL SCHEDULE

The Committee considered the report of the Chief Planning Adviser (Item 11 in the Minute Book) which provided an update on the progress of minerals and waste and County Council development applications, outstanding enforcement action, planning/enforcement appeals and notice of permissions about to expire.

RESOLVED:

That the report be noted.

8RM97104

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