Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 30 November 2005.

PRESENT:

Also in attendance: Councillor S. D. T Woodward

58. APOLOGIES FOR ABSENCE

No apologies for absence were received.

59. 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.

60. MINUTES

The Minutes of the meeting held on 19 October 2005 were confirmed by the

Committee and signed by the Chairman.

Arising thereon:

Minute 48 - Application for a Map Modification Order to record Bridleways on

Broxhead Common in the Parish of Headley.

Members noted that the Director of Recreation and Heritage had been asked to

prepare a response on how Broxhead Common could be managed for the benefit of

horse riders and this would be included in a report to the Executive Member for

Recreation and Heritage.

61. CHAIRMAN'S COMMUNICATIONS

(a) The Chairman advised Members that the site visit scheduled for

19 December 2005 had been cancelled.

(b) The Chairman advised that Item 18 on the proposed construction of a waste

transfer and recycling station building at Sole Hill Farm had been withdrawn by

the applicant.

62. APPEAL DECISIONS

The Committee received and noted a report of the Chief Planning Adviser (Item 6 in

the Minute Book) on appeal decisions received in respect of Selborne Clay Pit,

Honey lane, Selborne; Fair Oak Sandpit, Mortimers Lane, Fair Oak; and Calf Lane,

Chalk Quarry, Rye Common, Odiham.

At the request of Members, the Chief Planning Adviser agreed to provide as standard

at the beginning of such reports, the date the application was considered, the Chief

Planning Adviser's recommendation and the Members' decision.

63. BLACKBUSHE METALS LIAISON PANEL - CHAIRMANSHIP

RESOLVED:

That Councillor Simpson be appointed as Chairman to the Blackbushe Metals

Liaison Panel.

64. APPLICATION FOR A MAP MODIFICATION ORDER FOR THE

ADDITION TO THE DEFINITIVE MAP OF A FOOTPATH BETWEEN

SCHOOL ROAD AND FOOTPATH 6 IN BURSLEDON

Mr Ellis made a deputation in respect of this item.

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

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

addition of a footpath between School Road and Footpath 6 in Bursledon Parish.

RESOLVED:

That the application for a Map Modification Order be refused.

65. CONVERSION OF AND EXTENSION OF THE CURRENT CARETAKER'S

HOUSE INTO A BUSINESS AND ENTERPRISE CENTRE AT COWPLAIN

COMMUNITY SCHOOL, HART PLAIN AVENUE, WATERLOOVILLE

(APPLICATION NO. 05/62148/002) (COUNTY COUNCIL REF. HVE034)

Mrs Foster made a deputation in respect of this item.

Councillor Allgood declared a personal interest as his Grandchildren attended the

school.

The Committee then considered the report of the Chief Planning Adviser (Item 16 in

the Minute Book) on proposals to convert and extend the current caretaker's house

into a business and enterprise centre at Cowplain Community Centre, Hart Plain

Avenue, Waterlooville.

Councillor Beagley indicated that he had not been consulted on the proposal as

indicated in the report.

Members requested a condition requiring a landscaping scheme and that residents

and local members should be kept informed and agreed that approval of the scheme

should be delegated to Officers.

RESOLVED:

That planning permission in respect of conversion and extension of the current

caretaker's house into a Business and Enterprise Centre at Cowplain Community

School, Hart Plain Avenue, Waterlooville (Application No. 05/62148/002) be

granted for the reason specified in the report and subject to conditions specified

therein and further conditions in such form as the Chief Planning Adviser shall

determine regarding landscaping and screening.

66. PROPOSED CONSTRUCTION OF A WASTE TRANSFER STATION AND

RECYCLING STATION BUILDING INCLUDING CAR PARKING,

IMPROVEMENTS TO ACCESS ROAD AND DEMOLITION OF EXISTING

AGRICULTURAL BUILDINGS AT LAND AT SOLE HILL FARM,

SHERFIELD ENGLISH (APPLICATION NO. 05/001119/CMS)

This item was withdrawn.

67. ROOKERY FARM - ENFORCEMENT ACTION - CONTINUTAION OF

RECYCLING CONSTRUCTION AND DEMOLITION WASTE AT

ROOKERY FARM LANDFILL SITE, BOTLEY ROAD, SWANWICK

(COUNTY COUNCIL REF. SA032)

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

this item.

Councillor Woodward also attended the meeting as a Local Member and spoke.

A letter was circulated to Members of the Committee written by Mrs Packham of

Packham Solicitors Chambers on behalf of her client Mr brown which listed points

that he wished to be made available in relation to the consideration of enforcement

action at Rookery Farm.

The Committee then considered the report of the Chief Planning Adviser

(Item 23 in the Minute Book) on enforcement action at Rookery Farm.

Following a detailed explanation of Counsel's opinion and ensuing full discussion it

was

RESOLVED:

(a) That the serving of an enforcement notice to secure the cessation of the recycling

activities at Rookery Farm be authorised.

(b) That the County Council defend its decision at the forthcoming appeal on the

grounds of adverse noise impact only.

(c) That a report be submitted to the meeting on 22 March 2006.

(SUMMARY OF A MINUTE WHICH CONTAINS CONFIDENTIAL INFORMATION)

68. TO CONTINUE TO OPERATE A CONCRETE CRUSHER AS PART OF THE

WASTE TRANSFER STATION ACTIVITIES AT FARLINGTON REDOUBT,

PORTSDOWN HILL ROAD, HAVANT (APPLICATION NO. 05/54301/013)

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

Minute Book)on proposals to operate a concrete crusher as part of the waste transfer

station activities at Farlington Redoubt, Portsdown Hill Road, Havant.

RESOLVED:

That planning permission in respect of the proposal to continue to operate a concrete

crusher as part of the waste transfer station activities at Farlington Redoubt,

Portsdown Hill Road, Portsdown be granted for the reason specified in the report and

subject to conditions contained therein.

69. RELOCATION OF THE WASTE TRANSFER STATION WITHIN THE

SOLENT INDUSTRIAL ESTATE AT SOLENT INDUSTRIAL ESTATE,

CAIRD AVENUE, NEW MILTON (APPLICATION NO. 85850)

(COUNTY COUNCIL REF. NF002)

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

Minute Book) on proposals to relocate the waste transfer station within the Solent

Industrial Estate, Caird Avenue, New Milton.

RESOLVED:

That planning permission in respect of the relocation of the Waste Transfer Station

within the Solent Industrial Estate at Solent Industrial Estate, Caird Avenue,

New Milton (Application No. 85850) (County Council Ref No. NF002) be granted

for the reason specified in the report and subject to the conditions specified therein.

70. RENEWAL OF PERMISSION TO OPERATE A HOUSEHOLD WASTE

RECYCLING CENTRE AT HAYLING ISLAND HOUSEHOLD WASTE

RECYCLING CENTRE, FISHERY LANE, HAYLIGN ISLAND

(APPLICATION NO. 05/58240/006) (COUNTY COUNCIL REF. HV010)

The Committee considered the report of the Chief Planning Adviser (Item 20 in the

Minute Book) on a proposed renewal of permission to operate a household waste

Recycling centre at Hayling Island Household Waste Recycling Centre, Fishery Lane,

Hayling Island.

RESOLVED:

That planning permission in respect of permission to operate a Household

Waste Recycling Centre at Hayling Island Household Waste Recycling Centre,

Fishery Lane, Hayling Island (Application No. 05/58240/006) be granted for the

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

71. FILL AND NATURALLY CONTOUR EXISTING LANDSCAPE A

DEPRESSED AREA OF PERMANENTLY SATURATED GROUN, TO

FORM A GENTLY SLOPING FIELD, FOR THE INFORMAL GRAZING

OF HORSES/PONIES AT LAND AT RUSHCROFT, MOUNT PLEASANT

LANE, SWAY, LYMINGTON (APPLCATION NO. 85933)

(COUNTY COUNCIL REF. NFf239)

The Committee considered the report of the Chief Planning Adviser (Item 21 in the

Minute Book) on proposals to fill and naturally contour existing landscape,

a depressed area of permanently saturated ground, to form a gently sloping field, for

the informal grazing of horses/ponies at land at Rushcroft, Mount Pleasant Lane,

Sway, Lymington.

The Chairman read a letter from the Leader of the County Council advising that

together with Sway Parish Council he did not have any objections to the proposals.

Councillor Beagley wished it to be recorded that he had voted against the

recommendation.

RESOLVED:

That planning permission in respect of draining and raising an existing area of

permanently saturated ground to form a naturally undulating sward for informal

equine grazing at Rushcroft, Mount Pleasant Lane, Sway, Lymington

(Application No. 84535) be refused for the reasons specified in the report.

72. VARIATION OF CONDITION (1) OFPLANNING PERMISSION

TVN 1956/33 (TO ALLOW OPERATIONS TO TAKE PLACE ON EACH

SATURDAY AFTERNOON FOLLOWING RECOGNISED PUBLIC

HOLIDAYS AND ON TWO CONSECUTIVE SATURDAY AFTERNOONS

FOLLOWING A NEW YEAR HOLIDAY) AT ANDOVER WASTE TRANSFER

STATION, HAREWOOD FOREST INDUSTRIAL ESTATE, ANDOVER

(APPLICATION NO. 05/003320/CMN)

(COUNTY COUNCIL REF. TV177)

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

(Item 22 in the Minute Book) on a proposed variation of Condition (1) of Planning

Permission regarding times of operation.

RESOLVED:

That, planning permission in respect of Variation of Condition (1) of planning

permission TVN 1956/33 (to allow operations to take place on each Saturday

afternoon following recognised public holidays and on two consecutive Saturday

afternoons following a new year holiday) at Andover Waste Transfer Station,

Harewood Forest Industrial Estate, Andover (05/00320/CMN) be granted for the

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

73. APPLICATION FOR A MAP MODOFOCATION ORDER FOR THE

ADDITION TO THE DEFINITIVE MAP OF TWO BRIDLEWAYS AT

LEE-ON-SOLENT IN THE BOROUGH OF GOSPORT

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

(Item 9 in the Minute Book) on an application for a Map Modification Order for the

addition to the Definitive Map of two bridleways at Lee-on-Solent in the Borough of

Gosport.

RESOLVED:

(a) That a Map Modification Order be made to record Common Barn Lane, between

B-C-D-E-F as shown on the map attached to the report as a bridleway with a

minimum width of 4.0 metres.

(b) That the application for that length of Common Barn Lane between E-K, as

shown on the map attached to the report, be refused.

(c) That the application for a Map Modification Order for Sandhill Lane between

H-I-K-L-M-N as shown on the map attached to the report, be refused.

74. REQUEST FOR AUTHORISATION TO STOP UP PART OF FOOTPATH 17

IN SHERBORNE ST.JOHN (NOW IN BASINGSTOKE)

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

(Item 10 in the Minute Book) on a request for authorisation to stop up part of

Footpath 17 in Sherborne St. John.

RESOLVED:

That the Officers be authorised to attempt to secure the extinguishment of the

relevant part of Footpath 17 in Sherborne St. John.

75. APPLICATION FOR A DEFINITIVE MAP MODIFICATION ORDER TO

ADD TO THE DEFINITIVE MAP A FOOTPATH BETWEEN MAIN ROAD

AND AARON COURT IN THE PARISH OF MARCHWOOD

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 to the Definitive Map a footpath between Main Road and Aaron Court in the

Parish of Marchwood.

RESOLVED:

That an order be made to add to the Definitive Map a footpath between Main Road

and Aaron Court, Marchwood between A-B-C (GRSU3893 1052 to 3889 1053) as

shown on the amp attached to the report.

76. APPLICATION FOR A MAP MODIFICATION ORDER FOR THE

ADDITION TO THE DEFINITIVE MAP OF FOUR FOOTPATHS AT

LAKE FARM IN THE PARISH OF FAIR OAK AND THE BOROUGH

OF EASTLEIGH

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 for the

addition to the Definitive Map of four footpaths at Lake Farm in the Parish of

Fair Oak and the Borough of Eastleigh.

77. APPLICATION FOR A PUBLIC FOOTPATH EXTINGUISHMENT ORDER

FOR FOOTPATHS NOS 1A AND 2A IN THE PARISH OF AMPORT

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

(Item 13 in the Minute Book) on an application for a Public Footpath Extinguishment

Order for Footpath Nos 1a and 2a in the Parish of Amport.

RESOLVED:

That an Order be made unders Section 118 of the Highways Act 1980 for the

extinguishment of Footpath Nos 1a and 2a in the Parish of amport, on the grounds

that they are no longer needed for public use.

78. APPLICATION FO A PUBLIC PATH DIVERSION ORDER FOR

FOOTPATH NO 26 IN THE PARISH OF AMPORT

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

(Item 14 in the Minute Book) on an application for a Public Path Diversion Order for

Footpath No. 26 in the Parish of Amport.

RESOLVED:

That it being in the interest of the public, an Order be made for the diversion of

Footpath No. 26 in the Parish of Amport from the current route to an alignment

running from C (GR 423610 142410) to D (GR 423570 142180) and from

E (GR 423570 142170) to F (GR 423610 141890) as shown on the map attached to

the report.

79. APPLICATION FRO A PUBLIC PATH DIVERSION ORDER FOR

FOOTPATH NOS. 36 AND 38 IN THE BOROUGH OF FAREHAM

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

(Item 15 in the Minute Book) on an application for a Public Path Diversion Order for

Footpath Nos. 36 and 38 in the Borough of Fareham.

RESOLVED:

(a) That an Order be made for the diversion of Footpath No. 38 in the Borough of

Fareham from the current route to a new alignment running from

E (GR 452546 105136) through F to G (GR 453448 104906) as shown on the

the map attached to the report.

(b) That an Order be made for the diversion of Footapth No. 36 in the Borough of

Fareham from the current route to a new alignment running from

H (GR 452546 104408) through M and L to F (GR 453146 105006) as shown

on the map attached to the report.

(c) That work commence on the drafting of a Dedication Agreement for the new

footpath between M and J as shown on the map attached to the report and that the

document will be signed by the applicant before the Order for Diversion of

Fareham Footpath Nos. 36 and 38 is made.

80. EXCLUSION OF THE PRESS AND PUBLIC

That, by virtue of paragraph 12 of Part 1 of Schedule 12A of the Local Government

Act 1972, the press and public be excluded from the meeting for Minute 67.