AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 19 October 2005.

PRESENT:

p Councillor P. A. Heath (Chairman)

p Councillor Mrs. P. M. Devereux (Vice-Chairman)

Councillors:

p F. Allgood, JP p D. Gillett

p I. F. E. Beagley p B. T. Gurden

p J. V. Bryant p Jo Kelly

p Mrs A. Buckley p A. D. Ludlow

p M. G. Cooper a R. H. Price

p Mrs. P. Dickens p S. Reid

p A. Evans a D. F. Wright (Labour Deputy)

Also in attendance: Councillors M. N. Kemp-Gee; M. J. Kendal;

Mrs A. M. McNair-Scott; A. W. Rice, TD and Seán D. T. Woodward.

40. APOLOGIES FOR ABSENCE

An apology for absence was received from Councillor Price who is attending a

Regional Fire Authority meeting.

41. 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.

42. MINUTES

The Minutes of the meeting held on 7 September 2005 were confirmed by the

Committee and signed by the Chairman.

43. CHAIRMAN'S COMMUNICATIONS

(a) The Chairman reminded Members that the Annual Tour had been arranged for

18 November 2005 which would commence at approximately 9.30am from

The Castle and return to the same point by approximately 3.30pm, visiting sites

in Marchwood, Chilbolton and Winchester.

(b) Members noted the request from Councillor Davidovitz to move the meeting of

the Regulatory Committee on 30 November 2005 at 10am to 2pm that same day

in order to avoid a clash with a Conservative Group meeting. It was agreed that

the date should not be changed.

(c) The Chairman reported the need to change the date of the Regulatory Committee

on 15 February 2006 at 10am as it clashes with a meeting of the Hampshire Fire

and Rescue Authority at 10am and HFRA training is scheduled for the afternoon

on the same day. Members agreed to hold the meeting on Monday 13 February

2006 at 10am in the Conference Room.

44. SELBORNE BRICKWORKS/BLACKMOOR ESTATE LIAISON PANEL

CHAIRMANSHIP

RESOLVED:

That Councillor Kemp-Gee be appointed to the Selborne Brickworks/Blackmoor

Estate Liaison Panel.

45. RECYCLING FACILITY FOR PROCESSING OF INERT CONSTRUCTION

AND DEMOLITION MATERIAL AT ROOKERY FARM LANDFILL

SITE BOTLEY ROAD, SWANWICK (APPLICATION NO P/04/1522/MW)

Messrs Fraser, Martin, Berry, Cole and Bowley made deputations in respect of

This item.

Councillor Woodward also attended the meeting and spoke in opposition to the

proposals on the grounds of noise.

The Committee then considered the report of the Chief Planning Adviser (Item 14

in the Minute Book) on a proposed recycling facility for the processing of inert

construction and demolition material at Rookery Farm Landfill Site, Botley Road,

Swanwick.

The Committee considered most carefully all aspects of the application. Whilst

noting the Officer recommendation to grant approval, the Committee considered

that the levels of noise and dust generated by the proposed development would be

unacceptable and it was therefore

RESOLVED:

That planning permission in respect of the recycling facility for processing of

inert construction and demolition material at Rookery Farm Landfill Site,

Botley Road, Swanwick (P/04/1522/MW) be refused on the grounds that the

development is contrary to the Development Plan as it does not comply with

Policy 46 (iv) of the Hampshire, Portsmouth and Southampton:

(1) estimates of noise generated from the operation of the site and would give rise

to an unacceptable disturbance to local residents.

(2) the applicant has not demonstrated that dust generated by the operation of the

site can be adequately controlled to prevent an unacceptable impact for local

residents.

46. EXTRACTION OF SAND AND GRAVEL, CONSTRUCTING A

VEHICLE ACCESS AND ENVIRONMENTAL BANKS, RESTORATION

TO LAKES, WOODLAND AND AGRICULTURAL FIELDS AT

DOWNTON MANOR FARM, MILFORD-ON-SEA

(APPLICATION NO. 82483)

Messrs Sey, Pemberton, Bishop, Phillips, Pollock and Salmon made deputations

in respect of this item.

Councillors Kendal and Rice also attended the meeting and spoke in opposition

to the proposals on the grounds of (inter alia) of impact on residential and

holiday lets in the area, adjoining neighbours, not within a preferred area for

mineral extraction as defined in the Hampshire Minerals and Waste Local Plan

and the impact of HGV movements on the A337.

The Committee then considered the report of the Chief Planning Adviser (Item

15 in the Minute Book) on a proposal to extract 810,000 tonnes of sand and

gravel at Downton Manor Farm, Milford-on-Sea.

The Committee considered most carefully all aspects of the application. Whilst

noting the Officer recommendation to grant approval, the Committee considered that

if granted the proposals would have an unacceptable, deleterious impact on the

important tourist industry in the locality and it was therefore

RESOLVED:

That planning permission in respect of Extraction of Sand and Gravel,

constructing a Vehicle Access and Environmental Banks, Restoration of Lakes,

Woodland and Agricultural Fields at Downton Manor Farm, Milford-on-Sea

(Application No. 82483) be refused as the development is contrary to the

Development Plan as

(1) it is not a `preferred' area as defined in Policy 19 of the Hampshire,

Portsmouth and Southampton Minerals and Waste Local Plan.

(2) does not comply with Policy 6 (ii) of the Hampshire, Portsmouth and

Southampton Minerals and Waste Local Plan and Policy MW2 (i) of the

Hampshire County Structure Plan in that it would give rise to adverse impacts

on the local economy.

47. APPLICATION FOR A MAP MODIFICATION ORDER TO ADD A

BYWAY OPEN TO ALL TRAFFIC FROM BAGMORE LANE TO

BRIDLEWAY 9, HERRIARD

Councillor P. A. Heath declared a personal interest as knowing the landowner and

left the meeting for consideration of the item. Councillor Mrs P. M. Devereux

took the chair.

COUNCILLOR MRS P. M. DEVEREUX IN THE CHAIR

Mr Plumbe made a deputation in respect of this item.

Councillor Mrs McNair-Scott also attended the meeting and spoke against the

application.

The Committee considered the report of the Director of Recreation and Heritage

(Item 7 in the Minute Book) on an application for a Map Modification Order to

add a Byway Open To All Traffic from Bagmore Lane to Bridleway 9. Herriard.

RESOLVED:

(a) That the application to add a Byway Open To All Traffic to the definitive map

be refused.

(b) That an Order be made to add a route as a public footpath between A-B-C as

shown on the map attached to the report.

(c) That the route be recorded in the definitive statement with a maximum width

of 14 metres and a minimum width of 8 metres.

(AT THIS POINT COUNCILLOR P. HEATH RETURNED TO THE MEETING AND TOOK THE CHAIR)

48. APPLICATION FOR A MAP MODIFICATION ORDER TO RECORD

BRIDLEWAYS ON BROXHEAD COMMON IN THE PARISH OF

HEADLEY

Mesdames Montila and Comber made deputations in respect of this item.

Councillor Kemp-Gee also attended the meeting and spoke in support of the

application.

The Committee considered the report of the Director of Recreation and Heritage

(Item 13 in the Minute Book) on an application for a Map Modification Order to

record bridleways on Broxhead Common, Headley.

The Committee requested that the Executive Member for Recreation and Heritage

be asked to consider access by negotiation for permissive bridleways on Broxhead

Common and environs.

RESOLVED:

(a) That the application be refused on the grounds set out in the report.

(b) That the Executive Member for Recreation and Heritage be requested to

consider access by negotiation for permissive bridleways on Broxhead

Common and environs.

49. TO CONSTRUCT A GREEN AND FARM WASTE OPEN WINDROW

COMPOSTING FACILITY ON LAND ADJACENT TO

SOUTHLEY FARM, OVERTON (APPLICATION NO. BDB/61806)

Mrs Talbot-Rice made a deputation in respect of this item.

The Committee considered the report of the Director of Recreation and Heritage

(Item 18 in the Minute Book) on the proposed construction of a green and farm

waste open windrow composting facility on land adjacent to Southley Farm,

Overton.

RESOLVED:

That the application to construct a green and farm waste open windrow

composting facility on land adjacent to Southley Farm, Overton

(Application No. BDB/61806) be granted for the reasons set out in the report and

subject to conditions therein.

50. EXTRACTION OF CLAY FOR LANDFILL ENGINEERING,

DEEPENING OF LANDFILL VOID, EXTENSION OF TIME FOR

EXISTING CONSENT AT SQUABB WOOD LANDFILL,

SALISBURY ROAD, SHOOTASH, ROMSEY (APPLICATION NO. 82483)

Councillor Cooper declared a personal interest as knowing a neighbour of the site

who is also a Member of Test Valley Borough Council.

The Committee considered the report of the Director of Recreation and Heritage

(Item 16 in the Minute Book) on proposals for the extraction of clay for landfill

engineering, deepening of landfill void, extension of time to existing consent at

Squabb Wood Landfill, Shootash, Romsey.

RESOLVED:

That, subject to a legal agreement securing a financial contribution for the future

maintenance and repair of the A27 along the proposed lorry route, planning

permission in respect of extraction of clay for landfill engineering, deepening of

landfill void and an extension of time to existing consent at Squabb Wood

Landfill, Salisbury Road, Shootash, Romsey (TVS04755/6) be granted for the

reasons specified in the report and subject to conditions specified therein.

51. CHANGE OF USE FROM A FARMYARD TO A WORMERY USING

IMPORTED BIO-DEGRADABLE WASTE TO CREATE SOIL

CONDITION/COMPOST FOR DISTRIBUTION/SALE TO WHOLESALE

AND RETAIL OUTLETS AT JUBILEE FARM, PURLIEU LANE,

GODSHILL, FORDINGBRIDGE (APPLICATION NO. 85545)

A letter was circulated to Members of the committee from Mrs Cakebread of

Godshill Parish Council which listed points that had not been available to

Godshill Parish Council when it took its decision to recommend acceptance of the

application.

The Committee considered the report of the Chief Planning Adviser (Item 17 in

the Minute Book) on a proposed change of use from a farmyard to a wormery at

Jubilee Farm, Purlieu Lane, Godshill, Fordingbridge.

RESOLVED:

That, subject to no objection from the Environmental Health Officer, planning

permission for change of use from a farmyard to a wormery using imported

biodegradable waste to create soil conditioner/composts for distribution/sale to

wholesale and retail outlets at Jubilee Farm, Purlieu Lane, Godshill,

Fordingbridge (Application No. 85545) (County Council Reference No. NF 251)

be granted for the reasons specified in the report and subject to the conditions

specified therein and a further condition in such form as the Chief Planning

Adviser shall determine regarding noise assessment.

52. VARIATIONS OF CONDITIONS OF PLANNING PERMISSION

02/0159/HCM W11890/08 FOR AN EXTENSION OF TIME FOR

RESTORATION, FRITH LANE LANDFILL SITE, WICKHAM

(APPLICATION NO. 05/02070/HCM)

The Committee considered the report of the Chief Planning Adviser (Item 19 in

the Minute Book) on proposed variations of conditions at Frith Land Landfill

Site, Wickham to extend the period for restoration from 31 October 2005 to

31 July 2006 requiring the importation of further soils and restoration materials to

enable the restoration to be completed.

RESOLVED:

That planning permission in respect of variations of conditions of planning

permission 02/01590/HCM W11890/08 to extend the time for restoration at

Frith Lane Landfill, Wickham (05/02070/HCM) be granted for the reason

specified and subject to conditions specified therein.

53. APPLICATION FOR A MAP MODIFICATION ORDER TO RECORD A

FOOTPATH BETWEEN LANDS END ROAD AND THE RIVER

HAMBLE FORESHORE AT THE JOLLY SAILOR PUBLIC HOUSE,

BURSLEDON

The Committee considered the report of the Director of Recreation and Heritage

(Item 8 in the Minute Book) on an application for a Map Modification Order to

add a public footpath between Lands End Road and the River Hamble foreshore

at the Jolly Sailor Public House.

RESOLVED:

That the application for a Map Modification Order be refused.

54. PROSPOSAL TO DIVERT PART OF FOOTPATH NO 41 IN THE

PARISH OF AMPFIELD

The Committee considered the report of the Director of Recreation and Heritage

(Item 9 in the Minute Book) on a proposal to divert part of Footpath No 41 in the

Parish of Ampfield.

RESOLVED:

That an Order be made for the diversion of part of Footpath No 41 in the Parish of

Ampfield between A-C-B on the map attached to the report.

55. APPLICATION FOR THE ADDITION TO THE DEFINITIVE MAP OF A

FOOTPATH IN THE PARISH OF HORNDEAN

The Committee considered the report of the Director of Recreation and Heritage

(Item 10 in the Minute Book) on an application for a Map Modification Order for

the addition to the Definitive Map of a footpath in the parish of Horndean.

RESOLVED:

That an Order be made to add to the Definitive Map of a footpath between

Horndean Footpath 17 (Lith Avenue) and Horndean Footpath 18 between

A and E on the map attached to the report.

56. REQUEST FOR CONSENT TO THE MAKING OF A MAP

MODIFICATION ORDER TO ADD A BYWAY OPEN TO ALL TRAFFIC

BETWEEN WHITNAL FARM AND NEW BARN IN THE PARISHES OF

WHITCHURCH AND OVERTON

The Committee considered the report of the Director of Recreation and Heritage

(Item 11 in the Minute Book) on an application for a Map Modification Order to

add a byway open to all traffic between Whitnal Farm and New Barn in the

Parishes of Whitchurch and Overton.

RESOLVED:

That an Order be made to add to the Definitive Map a Byway Open To All Traffic

between Whitnal Farm and New Barn as shown between A-B-C-D on the map

attached to the report.

57. APPLICATION FOR A MAP MODIFICATION ORDER TO RECORD A

FOOTPATH FROM CROFTON LANE TO BOYD CLOSE IN FAREHAM

BOROUGH

The Committee considered the report of the Director of Recreation and Heritage

(Item 12 in the Minute Book) on an application for a Map Modification Order to

record a footpath from Crofton Lane to Boyd Close in Fareham Borough.

RESOLVED:

That a Map Modification Order be made to add 1.5 metre width footpath from

Crofton Lane to Boyd Close, Fareham.