Archived decisions
AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 28 July 2004.
PRESENT:
Councillors: J.K. West (Chairman); Mrs. P.G. Banks; I.F.E. Beagley; F.J. Bright;
Mrs E.M. Byrom; Mrs P.M. Devereux; A.G. Dowden; E.F. Gale; D. Gillett; Mrs D.R. Harrison; Mrs. P.G.E. Holden-Brown; P. Luffman; R.C. McIntosh; R.H. Price; Sir James J. Scott; J.W. Stocks; Dr. J.G.L. Wall.
Councillors R.J. Kimber and M.J. Roberts were in attendance for item 324 in these minutes.
318 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.
319 MINUTES
The Minutes of the meeting of the Committee held on 23 June 2004 were confirmed by the Committee and signed by the Chairman subject to the amendment of resolution (i) in respect of Minute 312 (Chivers Field, Romsey) to read "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."
320 CHAIRMAN'S COMMUNICATIONS
(i) Councillor Mrs Holden-Brown was welcomed onto the Committee and thanks expressed to Councillor Mrs Barron for her work over the years.
(ii) It was regretted that only five Members had participated in the recent rights of way tour; Members were requested to advise the Clerk (John Priest) if they find that they are unable to participate in site visits having previously indicated that they would be. A better turn out was hoped for for the September tour of minerals and waste sites.
321 PROPOSAL TO DIVERT FOOTPATH 69 IN THE BOROUGH OF FAREHAM
The Committee considered the report of the Director of Recreation and Heritage (Item 5 in the Minute Book) on a proposal to divert Footpath 69 in the Borough of Fareham.
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 69 in the Borough of Fareham in the interests of the landowner, as shown on the plan attached to the report of the Director of Recreation and Heritage.
322 PROPOSAL FOR THE TEMPORARY DIVERSION OF MOTTISFONT FOOTPATH 4 IN TEST VALLEY BOROUGH
The Committee considered the report of the Director of Recreation and Heritage (Item 6 in the Minute Book) on a proposal for the temporary diversion of Mottisfont Footpath 4 in Test Valley Borough.
RESOLVED:
That an Order be made under Sections 257 and 261 of the Town and Country Planning Act 1990 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 temporarily divert Mottisfont Footpath 4 for a period not exceeding three years from the date of confirmation.
323 DEPUTATIONS IN RESPECT OF THE APPLICATIONS TO REGISTER LAND AT CHIVERS FIELD, ROMSEY AS VILLAGE GREEN
Mr Collins of TLT Solicitors, Mr Barker and Mrs Atkinson made deputations in respect of the Chivers Field applications. The Committee then considered the report of the Chief Executive (Item 7 in the Minute Book) on the matter. The Chief Executive confirmed that, on his advice, the applications were being reconsidered following the decision of the Committee at its meeting on 23 June 2004 to refuse the recommendation that the applications be refused. The Chief Executive drew attention to the Code of Conduct for Members which aims to avoid bringing the County Council into disrepute and states that County Councillors should not use their position improperly. He drew attention to the common law principle of res judicata whereby when the Regulatory Committee makes a decision it should be regarded as final. This rule creates certainty and means that an applicant cannot continue to make similar applications once one has been refused. He confirmed that 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.
RESOLVED:
(i) That the decision of the Regulatory Committee on 23 June 2004 in respect of the applications be rescinded.
(ii) That the applications for registration made on 23 July 2003 by Mrs Atkinson in respect of Chivers Field, Abbotswood, Romsey be rejected on the grounds that they are repeat applications as rejected by the Regulatory Committee on 16 July 2003 and do not raise any significant new issues for consideration by the Registration Authority.
324 DEPUTATIONS IN RESPECT OF THE USE OF LAND FOR THE RECYCLING OF INERT MATERIAL TO PRODUCE SOILS AND SECONDARY AGGREGATES, INCLUDING THE USE OF SCREENING AND CRUSHING EQUIPMENT AND SITING OF A PORTACABIN OFFICE/MESS ROOM AT LAND AT GOLD FARM, GOVERNMENT ROAD, ALDERSHOT (O4/00433/HCC)
Rushmoor Borough Councillor Dibble, Mr Armes, Mrs Armes, Mrs Biscombe, Mr Catterall and Mr Sandbrook of Voden Sandbrook made deputations in respect of the Gold Farm application. The Committee then considered the report of the Chief Planning Adviser (Item 8 in the Minute Book) on the matter. Councillor Mrs Devereux declared a personal interest on account of her involvement with Rushmoor Borough Council and left the meeting during the deputations and subsequent discussions on the matter. The Chief Planning Adviser reported the receipt of two additional letters, one from Stephen Oxlede, the Commander of the Aldershot Garrison and the other from a prospective parliamentary candidate neither of which raised any new issues. At the request of the Committee he read out in full the former letter which stated that the Ministry of Defence had extreme concern about the lack of proper enforceable controls over noise and dust and did not grant any consent for any military roads to be used within Aldershot Garrison.
The Chief Planning Adviser recognised that it was a controversial application with local residents but stressed that the Committee had to consider the planning facts which were fully addressed in the report. He advised that the site complies with the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan and the road network which would serve the site already serves a major industrial area. It was a well contained site, not overlooked by residents and permission, if granted, would allow the site to be better regulated as at present part of the site has the benefit of an established use certificate which covers, inter alia, the storage of scrap and salvage material which includes demolition materials. The Chief Planning Adviser drew particular attention to the fact that the application falls below the minimum site area threshold above which an environmental impact assessment would have to be submitted.
RESOLVED:
That a decision on the application in respect of land at Gold Farm, Government Road, Aldershot (04/00433/HCC) be deferred to allow the applicant to be invited to submit further environmental information so that an assessment can be made of the impact of the proposal.
325 THE RAISING OF THE LEVEL OF A FIELD AT PONY PINES, RINGWOOD ROAD, NETLEY MARSH (81766)
The Committee considered the report of the Chief Planning Adviser (Item 9 in the Minute Book) on the Pony Pines application. The Chief Planning Adviser reported that New Forest District Council were raising objection on the grounds of unsuitable access from an environmental point of view.
RESOLVED:
That planning permission in respect of the raising of the level of a field at Pony Pines, Ringwood Road, Netley Marsh (81766) be refused for the reason specified in the report.
326 VARIATION OF CONDITION (2) OF PLANNING PERMISSION 03/57813/006 (HOURS OF OPERATION) AT MANOR FARM, HAYLING ISLAND (04/57813/008)
The Committee considered the report of the Chief Planning Adviser (Item 10 in the Minute Book) on Manor Farm, Hayling Island.
RESOLVED:
That planning permission in respect of variation of condition (2) of planning permission 03/57813/006 (hours of operation) at Manor Farm, Hayling Island (04/57813/008) be granted for the reason specified in the report and subject to the condition specified in the report to allow deliveries of waste on Sundays and public holidays.
327 THE OPERATION OF A CONCRETE CRUSHER AS PART OF THE WASTE TRANSFER ACTIVITIES AT FARLINGTON REDOUBT, PORTSDOWN HILL ROAD, PORTSDOWN (04/54301/012)
The Committee considered the report of the Chief Planning Adviser (Item 11 in the Minute Book) on Farlington Redoubt. Members felt that the proposed temporary period of operation of two years was excessive.
RESOLVED:
That planning permission in respect of the operation of a concrete crusher as part of the waste transfer activities at Farlington Redoubt, Portsdown Hill Road, Portsdown (04/54301/012) be granted for the reason specified in the report and subject to the condition specified in the report subject to the amendment of condition (2) to read "The use of the concrete crusher shall cease and all plant and equipment involved in concrete crushing shall be removed by 31 October 2005".
328 APPLICATION FOR DEVELOPMENT OF LAND WITHOUT COMPLYING WITH CONDITIONS (26) (MONITORING AND CONTROL OF CRASSULA) AND (39) (ECOLOGICAL MONITORING PROGRAMME) OF PLANNING PERMISSION 00065190M AT RINGWOOD AND ELLINGHAM QUARRIES, IBSLEY, RINGWOOD (81757)
The Committee considered the report of the Chief Planning Adviser (Item 12 in the Minute Book) on Ringwood and Ellingham Quarries, Ibsley.
RESOLVED:
That planning permission in respect of the application for development of land without complying with conditions (26) (monitoring and control of crassula) and (39) (ecological monitoring programme) of planning permission 00065190M at Ringwood and Ellingham Quarries, Ibsley, Ringwood (81757) be granted for the reason specified in the report and subject to the condition specified in the report.
329 ERECTION OF A NEW 20-BEDROOM RESIDENTIAL ACCOMMODATION BUILDING AND ASSOCIATED EXTERNAL WORKS AT CALSHOT SPIT, FAWLEY (81334)
The Committee considered the report of the Chief Planning Adviser (Item 13 in the Minute Book) on residential accommodation at Calshot Spit. The Chief Planning Adviser confirmed that New Forest District Council had raised an objection to the proposed design of the building; the matters raised in the holding objection by the Environment Agency could be addressed.
RESOLVED:
That planning permission be granted for development by the County Council comprising a new 20-bedroom residential accommodation building and associated external works at Calshot Spit, Fawley (81334) for the reason specified in the report and subject to the conditions specified in the report.
330 BEST VALUE PERFORMANCE INDICATORS: LESSONS FOR IMPROVING THE SERVICE
The Committee considered the report of the Chief Planning Adviser (Item 14 in the Minute Book) on best value performance indicators.
RESOLVED:
(i) That the performance in relation to both the statutory and informal Best Value Performance Indicators be noted.
(ii) That a Panel of Members comprising the Chairman, Vice-Chairman and Councillors Mrs Banks, Ludlow and Luffman be appointed to act as a sounding board for the revision of the Development Control Service Policy prior to detailed proposals being considered at the October meeting of the Committee.