Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 5 January, 2005.

PRESENT:

Councillors: J.K. West (Chairman); Mrs. S.E. Allbright; I.F.E. Beagley; J.V. Bryant; Mrs. E.M. Byrom; Mrs P.M. Devereux; A.G. Dowden; E.F. Gale; D. Gillett; Mrs D.R. Harrison; A.R. Ludlow; P. Luffman; R.C. McIntosh; R.H. Price; Sir James J. Scott; Mrs. M.D. Snaith; Mrs. V. Steel; J.W. Stocks; Dr. J.G.L. Wall; Jenny Wride.

Councillor M.F. Cartwright attended for consideration of the matters referred to in Minute 379 and 380.

370 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.

371 MINUTES

The Minutes of the meeting of the Committee held on 24 November, 2004 were confirmed by the Committee and signed by the Chairman.

372 CHAIRMAN'S COMMUNICATIONS

The Chairman referred to the Indian Ocean earthquake disaster. A three minute silence was held at 12 noon as a mark of respect to those who had perished in the disaster.

The Chairman reported that John Priest, the administrator to the Committee, had sustained a painful leg injury and was currently on sick leave. The Committee asked that its best wishes for a speedy recovery to full health be conveyed to Mr. Priest.

373 DEDICATION OF A PUBLIC BRIDLEWAY AT ROYDON MANOR IN THE PARISH OF BROCKENHURST

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 at Roydon Manor, Brockenhurst.

RESOLVED:

That the offer of a dedicated public bridleway at Roydon Manor, Brockenhurst be accepted with thanks.

374 PROPOSAL TO MAKE A DEFINITIVE MAP MODIFICATION ORDER TO RECORD FOUR PUBLIC FOOTPATHS IN THE BOROUGH OF RUSHMOOR

The Committee considered the report of the Director of Recreation and Heritage (Item 6 in the Minute Book) on the recording of four paths in Aldershot as public rights of way.

RESOLVED:

That a Definitive Map Modification Order be made on the grounds set out in the Wildlife and Countryside Act 1981 Section 53(3)(c)(i) to record the routes in Aldershot as shown on the map attached to the report, having widths as set out in the table at paragraph 6.2 of that report.

375 PROPOSAL TO DIVERT BRIDLEWAY 712 IN THE PARISH OF BEECH
The Committee considered the report of the Director of Recreation and Heritage (Item 7 in the Minute Book) on a proposal to divert Bridleway 712 in Beech, near Alton.

RESOLVED:

That an Order be made for the diversion of Bridleway No 712 in the Parish of Beech in the interest of the public.

376 PROPOSAL TO DIVERT AN UNRECORDED BRIDLEWAY (COINCIDING IN PART WITH FOOTPATH 29) IN THE PARISH OF ROTHERWICK
The Committee considered the report of the Director of Recreation and Heritage (Item 8 in the Minute Book) on a proposal to divert an unrecorded bridleway in Rotherwick.

RESOLVED:

That an Order be made in the interests of the landowner for the diversion of part of footpath 29 and bridleway rights in the Parish of Rotherwick from the dashed blue line shown on Map 1 to the report, to the solid green line shown on that map.

377 CONTINUATION OF EXISTING PERMITTED DEVELOPMENT AT RIDGE QUARRY, RIDGE LANE, NEAR ROMSEY (HCC REF: TV051)
The Committee considered the report of the Chief Planning Adviser to the Regulatory Committee (Item 9 in the Minute Book) on proposed enforcement action at the Ridge Quarry, Ridge Lane, near Romsey. The Committee noted that the date referred to in paragraph 1.4 of the report should read 31 March 2005.




RESOLVED:

    (i) That the taking of enforcement action be authorised, including the serving of enforcement notices if necessary, to secure the cessation of the use for recycling and concrete batching at Ridge Quarry following the expiry of the current permissions.

    (ii) That if an appeal against the refusal of planning permission TVS4326/14 is submitted prior to the expiry of the current permissions, the implementation of the enforcement action be deferred pending the outcome of that appeal.

378 REPLACEMENT BUILDING TO PROVIDE AUTOMOTIVE TREATMENT FACILITY AND EXTENSION TO STORAGE AREA AT SILVERLAKE GARAGE, ROW ASH, BOTLEY ROAD, SHEDFIELD (APPLICATION NO: HCC/2004/0291) (COUNTY COUNCIL REFERENCE WR200)

Mr. H. Gibson of the Lake Road Residents' Association and Mr. R. Huxstep of the Shedfield Society made deputations in respect of the application for a replacement building to provide automotive treatment facility and extension to storage area at Silverlake Garage, Row Ash, Botley Road, Shedfield.

The Committee then considered the report of the Chief Planning Adviser (Item 10 in the Minute Book) on the matter. The Chief Planning Adviser circulated to the Committee details of a recent site visit to see an automotive treatment building at Daventry, together with copies of relevant Winchester City Council planning policies.

RESOLVED:

That, subject to the "departure" procedures being discharged, planning permission in respect of a replacement building to provide an automotive treatment facility and extension to storage area at Silverlake Garage, Row Ash, Botley Road, Shedfield (W05767/11) be granted for the reasons specified in the report and subject to the conditions specified therein, subject to

    · minor amendments in such form as the Chief Planning Adviser shall determine to clarify conditions 4, 5, 8

    · with regard to condition 19, a stipulation that the access gates to the A334 be set back 10 metres from the road

    · with regard to condition 20, a stipulation that mud and spoil deposited on the highway be cleared off during and at the end of the day.

379 VARIATION OF CONDITION 18 OF PLANNING PERMISSION F25283/001/CMA (EXTENSION OF TIME FOR THE SUBMISSION OF RESTORATION SCHEME) AT GREEN COMPOSTING AND RECYCLING SITE, BLACKMOOR ESTATE, BLACKMOOR (APPLICATION NO: F35283/003/CMA) (COUNTY COUNCIL REFERENCE EH139)

Mr. G. Gray, Gregory Gray, Associates, made a deputation in respect of the application for a variation of condition 18 of planning permission F25283/001/CMA (extension of time for the submission of restoration scheme) at the green composting and recycling site, Blackmoor Estate, Blackmoor. Councillor M.F. Cartwright, the local Member spoke in opposition to the application. The Committee then considered the report of the Chief Planning Advisor (Item 11 in the Minute Book) on the matter.

RESOLVED:

That planning permission in respect of variation of condition 18 of planning permission F25283/001/CMA (extension of time for the submission of restoration scheme) at the green composting and recycling site, Blackmoor Estate, Blackmoor (Application No: F35283/003/CMA) (County Council Reference EH139) be granted subject to the condition specified in the report.

380 VARIATION OF CONDITION 13 OF PLANNING PERMISSION F35283/001/CMA (CORRECTION OF THE NUMBER OF DAILY LORRY MOVEMENTS) AT GREEN COMPOSTING AND RECYCLING SITE, BLACKMOOR ESTATE, BLACKMOOR (APPLICATION NUMBER F35283/004/CMA) (COUNTY COUNCIL REFERENCE EH139)


Mr. J. Trodden, Mr. A. Cathey, and Mr. G. Gray of Gregory Gray, Associates made deputations in respect of this application. Councillor M.F. Cartwright, the local Member, spoke in opposition to the proposal.

The Committee then considered the report of the Chief Planning Adviser (Item 12 in the Minute Book) on the matter.

A full discussion ensued as a result of which there was a consensus that the level of increase in lorry traffic proposed would have an unacceptable, adverse amenity impact for residents and that the application should therefore be refused. Several Members also expressed the view that rigorous enforcement action was required in respect of breaches of existing conditions on the site.

RESOLVED:

That planning permission in respect of a variation of Condition 13 of Planning Permission F35283/001/CMA (correction of number of daily lorry movements) at green composting and recycling site, Blackmoor Estate, Blackmoor, be refused as contrary to Policy 46(10) of the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan in that the proposal would have an unacceptable impact in terms of noise and dust on occupants of neighbouring houses.

381 PROPOSAL TO EXTINGUISH HIGHWAY RIGHTS, FOOTPATH AT BRIDGEMARY SCHOOL, GOSPORT

The Committee considered the report of the Director of Environment (Item 13 in the Minute Book) on the proposed extinguishment of highway rights in respect of a footpath at Bridgemary School, Gosport.

RESOLVED:

That a special extinguishment order be made under Section 118B of the Highways Act 1980 in respect of that section of footpath at Bridgemary School, Gosport indicated on the location plan attached to the report.

382 COMMITTEE TOURS

The Committee considered the report of the Chief Planning Adviser (Item 14 in the Minute Book) on the annual tours undertaken by the Committee.

RESOLVED:

    (i) That the Chief Executive be requested to arrange all day tours for the Regulatory Committee to appropriate sites on the following dates:-

      · 6 July 2005 (Minerals and Waste sites)

      · 18 July 2005 (Rights of Way sites)

      · 16 September 2005 (Minerals and Waste sites)

    (ii) That, in future, arrangements for tours be finalised in time for inclusion in the County Council diary for the forthcoming year.

    (iii) That each year the Chief Planning Officer shall prepare an annual report for the January or February meeting of the Committee recommending a theme for the year's tours based on events and discussions over the previous year.

383 MEMBER PROTOCOL FOR THE CONSIDERATION OF PLANNING MATTERS

The Committee considered the report of the Chief Planning Adviser (Item 15 in the Minute Book) on a Member protocol for the consideration of planning matters. A detailed discussion ensued during the course of which Members proposed a number of alterations to the draft protocol submitted. Accordingly, it was

RESOLVED:

    (i) That the officers be requested to redraft the protocol in the light of Member comments and report back to the February meeting of the Committee.

    (ii) That in consultation with the Chief Executive, arrangements be put in hand for an induction event before the first meeting of the Committee subsequent to the elections (scheduled for 8th June 2005) to meet the basic needs of the Regulatory Committee and once the arrangements are known, all prospective candidates be made aware of the date.

    (iii) That, for the longer term future, and having regard to the rapidly changing nature of the planning and enforcement regime, the officers be requested to organise refresher sessions for Members as appropriate.

384 DEVELOPMENT CONTROL SCHEDULE

The Committee considered the report of the Chief Planning Adviser (Item 16 in the Minute Book), together with update sheets which provided details of minerals and waste development applications, planning/enforcement appeals, and notices of permissions about to expire.

385 COMMONS REGISTRATION ACT 1965 - APPLICATION TO REGISTER LAND AT CHIVERS FIELD, ROMSEY AS VILLAGE GREEN

The Committee considered the report of the Chief Executive (Item 17 in the Minute Book) on the results of an investigation into statements made by two deputees in respect of the Chivers Field applications. The Committee noted that Councillor Bright had responded to confirm that he had had no involvement with the applicants in connection with the making of their applications.

RESOLVED:

    (i) That the report and conclusions of the Inquiry be noted.

    (ii) That Members be reminded that, when speaking to a member of the public about an application that may be considered in due course by the Regulatory Committee, it is always wise to temper any comments, which may be regarded as encouraging, by saying that the Member has not formed any final view on the matter and will maintain an open mind on the subject until all the evidence is available, and

    (iii) That the Committee receives a short training session on the Planning Probity Code and pre-determination, and,

    (iv) That a protocol be developed to guide Members and applicants for registration on the involvement of Members in the handling of applications.

386 APPOINTMENT OF CHAIRMEN FOR THE DOWN END GREEN WASTE COMPOSTING SITE LIAISON PANEL AND THE CALF LANE, ODIHAM LIAISON PANEL

RESOLVED:

    (i) That consideration of the appointment of a Chairman for the Down End Green Waste Composting Site Liaison Panel be deferred to the next meeting.

    (ii) That Councillor Mrs. C.A. Leversha be appointed Chairman of the Calf Lane, Odiham Liaison Panel.

387 APPOINTMENT OF A PANEL OF THE COMMITTEE TO CONSIDER AN EXPLOSIVE LICENCE

RESOLVED:

That the following Members be appointed to a Panel to consider an application by Wallop Systems Defence Systems Ltd to establish an explosives storage and manufacturing factory and that the Panel shall have powers to determine the matter:-

Councillors J.K. West
J.V. Bryant
Mrs. P.M. Devereux
P. Luffman
R.H. Price

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