Archived decisions
AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 20 October, 2004.
PRESENT:
Councillors: J.K. West (Chairman); I.F.E. Beagley; F.J. Bright; J.V. Bryant; Mrs E.M. Byrom; Mrs P.M. Devereux; E.F. Gale; M.S. Geddes; D. Gillett; Mrs D.R. Harrison; Mrs. P.G.E. Holden-Brown; A.R. Ludlow; P. Luffman; R.C. McIntosh; R.H. Price; Sir James J. Scott; Mrs. M.D. Snaith; J.W. Stocks; Dr. J.G.L. Wall; Miss J.D. Wride.
341 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.
342 MINUTES
The Minutes of the meeting of the Committee held on 7 September, 2004 were confirmed by the Committee and signed by the Chairman.
343 CHAIRMAN'S COMMUNICATIONS
The Chairman expressed disappointment at the low turn out for the last tour of mineral sites and urged Members to return the questionnaire about tours which had been sent out.
344 PROPOSAL TO MODIFY THE DEFINITIVE MAP TO AMEND PART OF THE ROUTE AND DESCRIPTION OF FOOTPATH 6 IN THE PARISH OF CRONDALL
The Committee considered the report of the Director of Recreation and Heritage (Item 5 in the Minute Book) on Footpath 6 in the Parish of Crondall.
RESOLVED:
(i) That a definitive map modification order be made on the grounds set out in the Wildlife and Countryside Act 1981 S53(3)(c)(i) and (iii) to amend the route of Crondall Footpath 6 to that shown on the map attached to the report.
(ii) That the definitive statement be amended to describe the diverted path including a width of 8 feet (2.44 metres).
345 DEPUTATIONS IN RESPECT OF THE CLAIM TO UPGRADE PART OF FOOTPATH 46 TO A BRIDLEWAY AND TO ADD TO THE DEFINITIVE MAP A BRIDLEWAY FROM FOOTPATH 46 TO BRIDLEWAY 18, OWSLEBURY
Mrs Shoopman of the British Horse Society (with the consent of the Committee as she is not now on the Hampshire electoral role), and Sue Montila of the Hants and West Sussex Borders Bridleways Group made deputations on the Owslebury proposal.
The Committee then considered the report of the Director of Recreation and Heritage (Item 6 in the Minute Book) on the matter. The Director of Recreation and Heritage confirmed that for five of the relevant 20 year period (1956 to 1976) only eight users had given evidence that they used the claimed route and that in view of this extremely low volume of use it was felt that the statutory requirement that the route has been enjoyed by the public for a full period of 20 years cannot be satisfied. In the ensuing discussion Members felt that the degree of use which had been demonstrated amounted to sufficient use by the public at large and thus favoured the proposal.
RESOLVED:
That, because the evidence of use during the period 1956 to 1976 is sufficient, 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, (a) to upgrade Footpath 46 in Owslebury to a bridleway between the points A and B and (b) to add a public bridleway between the points B and E as shown on the plan attached to the report of the Director of Recreation and Heritage.
346 DEPUTATIONS IN RESPECT OF AN APPLICATION UNDER SECTION 73 OF THE TOWN AND COUNTRY PLANNING ACT 1990 NOT TO COMPLY WITH CONDITION 4 OF PLANNING PERMISSIONS F20661/037/CMA AND F20661/038/CMA (NO CLAY SHALL BE REMOVED FROM THE SITE OTHER THAN THAT REQUIRED FOR BRICK MAKING) AT SELBORNE CLAY PIT, HONEY LANE, SELBORNE (F20661/040/CMA AND F20661/041/CMA)
Mr Ravenscroft and Mr Wilson (of MJCA Consultants) made deputations in respect of the Selborne Clay Pit applications. The Committee then considered the report of the Chief Planning Adviser (Item 8 in the Minute Book) on the matter. The Chief Planning Adviser reported that a total of 23 letters of objection had been received (subsequent research showed 24 letters received) and East Hampshire District Council, Selborne Parish Council, The Oakhanger Preservation Society and the South Downs Area of Outstanding Natural Beauty Officer had also objected. He confirmed that the application was contrary to policy and thus a decision had to be taken on whether there were merits in departing from policy. No technical highway objection had been raised but there was an amenity issue arising from heavy traffic on local roads to be considered.
RESOLVED:
That planning permission in respect of applications under Section 73 of the Town and Country Planning Act 1990 not to comply with condition 4 of planning permissions F20661/037/CMA and F20661/038/CMA (No clay shall be removed from the site other than that required for brick making) at Selborne Clay Pit, Honey Lane, Selborne (F20661/040/CMA and F20661/041/CMA) be refused for the reasons specified in the report.
347 DEPUTATIONS IN RESPECT OF THE RELOCATION AND REPLACEMENT OF THE LANDFILL GAS FLARE AT FAIR OAK LANDFILL SITE, MORTIMERS LANE, FAIR OAK, EASTLEIGH (S/04/51924)
Mrs Phipp and Mrs Newton made deputations in respect of the Fair Oak Landfill Site 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 reminded Members that the issue being considered was purely that of the location of the flare which was an absolute necessity at the site. The views of the Eastleigh Borough Council Environmental Health Officer were awaited. If permission was to be granted the neighbours would be consulted on noise attenuation measures.
RESOLVED:
That planning permission in respect of relocation and replacement of the landfill gas flare at Fair Oak Landfill, Mortimers Lane, Fair Oak, Eastleigh (S/04/51924) be refused on account of its adverse amenity impact.
348 DEPUTATIONS IN RESPECT OF NEW NURSING CARE ACCOMMODATION WITH ASSOCIATED EXTERNAL WORKS AT TATCHBURY MOUNT, OFF LOPERWOOD, CALMORE (82653)
Mr Ball, New Forest District Councillor Puttock and Mr Clark of Netley Marsh Parish Council made deputations in respect of the Tatchbury Mount application. The Committee then considered the report of the Chief Planning Adviser (Item 13 in the Minute Book) on the matter. Councillor Bright declared a personal interest being resident in the area and local Member. As a result of points raised during the debate the Chief Planning Adviser withdrew the application from the agenda in the light of the need to examine some of the planning background.
349 DEPUTATION IN RESPECT OF THE USE OF LAND FOR THE RECYCLING OF CONSTRUCTION AND DEMOLITION WASTE, INCLUDING THE REPLACEMENT OF PORTACABIN OFFICES, AND THE INSTALLATION AND USE OF A WASTE SORTING PLANT AT LAND AT UNIT 4 AND UNIT 8 EVERSLEY HAULAGE PARK, FLEET ROAD, EVERSLEY (04/01305/CMA)
Mr Sandbrook of SLR Consulting Limited made a deputation in respect of the Eversley Haulage Park application. The Committee then considered the report of the Chief Planning Adviser (Item 10 in the Minute Book) on the matter.
RESOLVED:
That planning permission in respect of use of land for the recycling of construction and demolition waste, including the replacement of portacabin offices, and the installation and use of a waste sorting plant at land at Unit 4 and Unit 8 Eversley Haulage Park, Fleet Road, Eversley (04/01305/CMA) be granted for the reason specified in the report and subject to the conditions specified therein.
350 APPOINTMENT OF A CHAIRMAN TO THE FAIR OAK SANDPIT LIAISON PANEL
RESOLVED:
That Councillor Carol Boulton be appointed as Chairman of the Fair Oak Sandpit Liaison Panel.
351 PORTACABIN OFFICE AT EVERGLADE FARM, MOUNT PLEASANT, SWAY (82578)
The Committee considered the report of the Chief Planning Adviser (Item 9 in the Minute Book) on Everglade Farm, Sway.
RESOLVED:
That planning permission in respect of the erection of a portacabin to support a vermicultural holding at Everglade Farm, Mount Pleasant, Sway (82578) be refused on the grounds specified in the report.
352 GREEN WASTE COMPOSTING FACILITY AT FIRGO FARM, TIDBURY (TVN09191)
The Committee considered the report of the Chief Planning Adviser (Item 12 in the Minute Book) on Firgo Farm, Tidbury.
RESOLVED:
That planning permission in respect of a green waste composting facility at Firgo Farm, Tidbury (TVN09191) be granted for the reason specified in the report and subject to the conditions specified therein subject to the end date in condition 1 being amended to 30 April 2005.
353 DEVELOPMENT CONTROL CHARTER
The Committee considered the report of the Director of Environment (Item 14 in the Minute Book) on a charter for processing planning applications, monitoring and enforcement. The Chief Planning Adviser drew particular attention to the proposals relating to legal agreements and recommended that an extra paragraph be added in respect of searches. He further advised Members to note the slight changes to the delegation scheme that were being proposed. He advised Members that the Office of the Deputy Prime Minister was currently considering planning fees. In the ensuing discussion Members expressed support for the doubling of fees in respect of retrospective applications.
RESOLVED:
(i) That, subject to points raised in the debate on the matter, the Development Control Charter attached as an appendix to the report be adopted for the purposes of improving awareness and understanding of the procedures in the Development Control Service.
(ii) That the amended scheme of delegation for planning decisions contained in the appendix to the Charter be adopted.
354 DEVELOPMENT CONTROL SCHEDULE
The Committee considered the report of the Chief Planning Adviser (Item 15 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.
8RM221004