Archived decisions
AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 23 June 2004.
PRESENT:
Councillors: J.K. West (Chairman); Mrs S.E. Allbright; R.J. Baulk; I.F.E. Beagley; F.J. Bright; Mrs E.M. Byrom; Mrs P.M. Devereux; A,G. Dowden; E.F. Gale; M.S. Geddes; K. House; A.R. Ludlow; R.H. Price; Mrs V. Steel; J.W. Stocks; Dr. J.G.L. Wall; Miss J.D. Wride.
303 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.
304 MINUTES
The Minutes of the meeting of the Committee held on 12 May 2004 were confirmed by the Committee and signed by the Chairman.
Matter arising:
Tour Dates
Further to Minute 297 Members were requested to advise the clerk as to their participation in the annual tours if they had not already done so.
305 CHAIRMAN'S COMMUNICATION
(i) The Committee warmly welcomed Dalee Kaur back.
(ii) Following a discussion Members felt that the name of the Committee should not be changed from Regulatory Committee.
306 DEDICATION OF A PUBLIC BRIDLEWAY FROM CROW LANE TO BARRACK LANE IN RINGWOOD
The Committee considered the report of the Director of Recreation and Heritage (Item 5 in the Minute Book) on the dedication of a public bridleway in Ringwood.
RESOLVED:
That the offer of a dedicated public bridleway connecting Crow Lane with Barrack Lane in Ringwood from the County Council be accepted with thanks.
307 DEDICATION OF A PUBLIC FOOTPATH FROM ADMIRALTY WAY TO THE WATERFRONT PROMENADE IN THE PARISH OF MARCHWOOD
The Committee considered the report of the Director of Recreation and Heritage (Item 6 in the Minute Book) on the dedication of a public footpath in Marchwood.
RESOLVED:
That the offer of a dedicated footpath connecting Admiralty Way with the path (to be adopted in due course) on the Waterfront at Marchwood from Crest Nicholson be accepted with thanks.
308 PROPOSAL TO DIVERT FOOTPATH 6 IN THE PARISH OF MEDSTEAD
The Committee considered the report of the Director of Recreation and Heritage (Item 7 in the Minute Book) on a proposed diversion in Medstead.
RESOLVED:
That an Order be made under Section 119 of the Highways Act 1980 as amended by 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 divert footpath 6 in the Parish of Medstead
in the interest of the public as shown on the plan attached to the report of the Director of Recreation and Heritage.
309 DEPUTATIONS IN RESPECT OF THE ERECTION OF TWO GENERAL INDUSTRIAL (CLASS B1) UNITS WITH ASSOCIATED OFFICES AND WASTE TRANSFER STATION AND REFURBISHMENT OF EXISTING BUILDING AT LAND AT QUAY LANE, ELSON, GOSPORT (K13994/7)
Mr Moss of Machine Tool and Engineering Services Limited, Mr Tyler of Quay Motors, Mr Fitzsimmons of Dyno-Rod and Mr Ayles, agent for the applicants, made deputations on the Quay Lane application. The Committee then considered the report of the Chief Planning Adviser (Item 8 in the Minute Book) on the matter. Councillor Price declared a personal interest as he is acquainted with Mr Ayles who practices in his division. The Chief Planning Adviser reported that a response had been received from the Ministry of Defence in which no objection had been raised and two extra letters of objection had been received since the report had been written; the applicant had advised of his willingness to enter into a lorry routeing agreement.
The Chief Planning Adviser commented on the problems caused by the generation of waste and the increasing pressure for recycling which resulted in the need for waste transfer facilities such as that being considered. He confirmed that B2 uses which had been authorised for the site would generate traffic whilst the proposed operation would accord with policy 46 of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan. He felt that noise and dust concerns would be allayed by the environmental management scheme to be submitted. The Highways Adviser stated that he was not raising objection as the local highway network could accommodate the number of vehicles which would be generated. As a result of the subsequent debate the Chief Planning Adviser agreed to examine the proposed means of damping down on dust, and to look into the possibility that the control of rubbish from the site and the erection of a suitably vandal proof transparent screen could be covered by the environmental management scheme; a ban on the storage of goods and chattels on the site which would adversely affect the turning areas could be covered by the layout condition.
RESOLVED:
That, subject to the applicant entering into a lorry routeing agreement with the County Council, planning permission in respect of the erection of two general industrial (Class B1) units with associated offices and waste transfer station and refurbishment of the existing building at land at Quay Lane, Elson, Gosport (K13994/7) be granted for the reason specified in the report and subject to the conditions specified in the report subject to the following amendments:
(i) Strengthening of condition 5 relating to pollution prevention,
(ii) Strengthening of condition 7 on site layout to protect turning areas.
310 DEPUTATIONS IN RESPECT OF THE DEVELOPMENT OF AN AGGREGATE RECYCLING FACILITY TO FACILITATE QUARRY RESTORATION INCLUDING CONSTRUCTION OF A NEW INTERNAL ROADWAY AND PROVISION OF WHEEL CLEANING EQUIPMENT AT LAND AT LODE FARM QUARRY, KINGSLEY (F24847/017/CMA)
Mr Anketell of Tarmac Limited and Mrs Comber made deputations in respect of the Lode Farm Quarry application. The Committee then considered the report of the Chief Planning Adviser (Item 11 in the Minute Book) on the matter. The Chief Planning Adviser reported that a further 12 letters of objection on such grounds as noise, disturbance, pollution and lorries travelling up Worldham Hill had been received since the report had been written. No response had been received from the Environment Agency although the Chief Planning Adviser did point out that due to pressure of work Agency officers covering the north of the County were unable to respond to planning consultations. Members felt that a letter should be sent to the Agency deploring the situation and the Chief Planning Adviser mentioned new legal provisions which required statutory bodies to respond to planning consultations.
The Chief Planning Adviser felt that there was a general presumption in favour of the application whilst recognising local concerns. He envisaged that back-hauling should occur thus reducing the number of lorry movements and whilst the B3004 was not an ideal road it was a local lorry route and probably the best option for vehicles wishing to reach either the A325 or A31. Councillor Filer, the local Member, raised opposition to the proposal, in particular in relation to highways issues, and drew attention to the cumulative impact of several developments in the area. The Highways Adviser stated that this proposal together with the Topsport development (Item 12 on this agenda) would entail a 5% increase in heavy goods vehicles using the B3004. Members felt that the Chief Planning Adviser should discuss with the operators the possibility of providing a permissive route round the site for horse riders as had been raised by deputee, Mrs Comber. It was further suggested that any permission should be subject to any particular points raised by the Environment Agency.
RESOLVED:
That, subject to no overriding objection from the Environment Agency made within a reasonable period of time, planning permission in respect of the development of an aggregate recycling facility to facilitate quarry restoration including construction of a new internal roadway and provision of wheel cleaning equipment at land at Lode Farm Quarry, Kingsley (F24847/017/CMA) be granted for the reason specified in the report and subject to the conditions specified in the report subject to the addition of a note as follows:
"The Chief Planning Adviser will discuss with the applicants the possible provision of a permissive path for horse riders round the site".
311 DEPUTATION IN RESPECT OF DEVELOPMENT OF TOPSPORT AND MERCHANTING OPERATIONS AT TARMAC SOUTHERN LIMITED, KINGSLEY QUARRY, FORGE ROAD, KINGSLEY NEAR BORDON (F24847/020/CMA)
Mr Gunby of Tarmac Limited made a deputation in respect of the Kingsley Quarry application. The Committee then considered the report of the Chief Planning Adviser (Item 12 in the Minute Book) on the matter. The Chief Planning Adviser reported that a further 12 letters of objection had been received to this and the Lode Farm Quarry application (the subject of the previous minute). The Countryside Agency had indicated that they had no points to make whilst the Council for National Parks had similarly raised no points other than recognising that a maximum of 20 lorry movements per day would be generated by the application.
RESOLVED:
That planning permission in respect of the development of Topsport and merchanting operations at Tarmac Southern Limited, Kingsley Quarry, Forge Road, Kingsley near Bordon (F24847/020) be granted for the reason specified in the report and subject to the conditions specified in the report.
312 DEPUTATIONS IN RESPECT OF THE APPLICATION TO REGISTER LAND AT CHIVERS FIELD, ROMSEY AS VILLAGE GREEN UNDER THE COMMONS REGISTRATION ACT 1965
Ms Evans of TLT Solicitors, Mrs Atkinson and Mr Barker, Chairman of Brook House Residents' Association made deputations in respect of the Chiversfield application. The Committee then considered the report of the Chief Executive (Item 16 in the Minute Book) on the matter. The Chief Executive confirmed that following refusal by the Committee in July 2003 to register land at Chivers Field, Romsey as village green, the applicant had submitted a further two applications to register smaller areas of the initial area as village green. Mr Morgan of Counsel had been consulted and had advised that the applications should be rejected as they raised the same issues as in the previous, rejected application; Mr Morgan had been consulted on the original application.
In their deputations Mrs Atkinson and Mr Barker had stated that they had been advised by Members of the Committee that, following the rejection of the earlier application, they should make the further two applications the subject of the report. In the ensuing debate Members expressed grave concerns about such advice having been offered and felt that the relevant Members should have declared an interest at the start of the consideration of the item. They further felt that the Chief Executive should look into this matter.
RESOLVED:
(i) That the recommendation that the applications for registration as village green made on 23 July 2003 by Mrs Clea Atkinson in respect of Chivers Field, Abbotswood, Romsey be refused, be refused
(ii) That the Chief Executive be instructed to carry out an investigation into the statements made by Mrs Atkinson and Mr Barker that Members of the Regulatory Committee had advised them to make the two further applications.
313 RECEIVING, SORTING INTO BATCHES OF SAME TYPE READY FOR EXPORT, SPENT LIGHTING TUBES PLUS DISMANTLING OF ELECTRONIC SCRAP IN READINESS FOR RECYCLING. TWO METAL STORAGE UNITS WILL BE PLACED IN THE YARD AT 7 BESSEMER PARK, BESSEMER ROAD, BASINGSTOKE (BDB/58107)
The Committee considered the report of the Chief Planning Adviser (Item 9 in the Minute Book) on 7 Bessemer Park, Basingstoke.
RESOLVED:
That planning permission in respect of receiving, sorting into batches of same type ready for export of spent lighting tubes plus dismantling of electronic scrap in readiness for recycling and two metal storage units at 7 Bessemer Park, Bessemer Road, Basingstoke (BDB58107) be granted permission for the reason specified in the report and subject to the conditions specified in the report together with an extra condition forbidding deliveries being made to the site between the hours of 10.00 p.m. and 6.00 a.m.
314 PROPOSED VARIATION OF CONDITION 5 OF PLANNING PERMISSION 94/00395/CMA AND CONDITION 4 OF PLANNING PERMISSION 96/00710/CMA TO EXTEND THE HOURS OF WORKING AT STAR HILL WASTE TRANSFER FACILITY, HARTLEY WINTNEY (04/00929/CMA)
The Committee considered the report of the Chief Planning Adviser (Item 10 in the Minute Book) on Star Hill Waste Transfer Facility, Hartley Wintney.
RESOLVED:
That planning permission in respect of the proposed variation of condition 5 of planning permission 94/00395/CMA and condition 4 of planning permission 96/00710/CMA to extend the hours of working at Star Hill Waste Transfer Facility, Hartley Wintney (04/00929/CMA) be granted permission for the reason specified in the report and subject to the conditions specified in the report.
315 DEVELOPMENT CONTROL SCHEDULE
The Committee considered the report of the Chief Planning Adviser (Item 13 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.
316 COMMONS REGISTRATION ACT 1965 - APPLICATION TO REGISTER LAND KNOWN AS BURNS CLOSE, EASTLEIGH, HAMPSHIRE AS VILLAGE GREEN
The Committee considered the report of the Chief Executive (Item 14 in the Minute Book) on the Burns Close application.
RESOLVED:
That the application to register land known as Burns Close, Eastleigh as a village green made on 16 December 2002 by Mr Roger Monks be rejected because the use claimed has not been as of right for at least a large part of the land and because the evidence does not demonstrate that the use has been by a significant number of inhabitants of any locality or of any neighbourhood of any locality.
317 COMMONS REGISTRATION ACT 1965 - APPLICATION TO REGISTER LAND OFF DERBY ROAD, BETWEEN CRANBURY ROAD AND DESBOROUGH ROAD, EASTLEIGH AS A VILLAGE GREEN
The Committee considered the report of the Chief Executive (Item 15 in the Minute Book) on the Derby Road application.
RESOLVED:
That the application to register land off Derby Road, Eastleigh as a village green made on 16 July 2002 by the Cranbury and Desborough Roads Residents' Association be rejected for the reasons given in Mr Chapman's report dated 13 April 2004.
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