Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 26 April 2006.

PRESENT:

125. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Mrs A. Buckley,

Mrs P. Dickens, A. Evans and B. T. Gurden.

126. 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.

127. MINUTES

The Minutes of the meeting held on 22 March 2006 were confirmed by the

Committee and signed by the Chairman.

Arising thereon:

Minute 115 - Site Liaison Panels

Members noted that Site Liaison Panels were advisory bodies. There are no formal

minutes and no procedure for reporting back to the Regulatory Committee. The

Chief Planning Adviser offered to arrange for half - yearly or annual reports to be

presented to the Committee to keep Members informed and for reports to be

incorporated into Annual Members' Planning tours.

Minute 120 - Application for Map Modification Orders to Upgrade Twyford Road

used as a Public Path 16 and Chilcomb Bridleway 3 to Byways Open To All Traffic

The Director of Recreation and Heritage confirmed that a request had been

submitted for a Traffic Regulation Order.

128. CHAIRMAN'S COMMUNICATIONS

There were no Chairman's Communications.

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

FOOTPATH IN THE PARISH OF SPARSHOLT

Messrs Hodder (on behalf of Mr Sollars who was present but too unwell to speak),

Robson, Solicitor from Warner and Richardson (acting on behalf of Mr and Mrs

Sollars) and Bush made deputations in respect of this item.

The Committee also received representations from the local Ward Member

Councillor Charlotte Bailey.

A copy of representations from Mr Marlow of the Ramblers Association Hampshire

Area was circulated to Members of the Committee enclosing additional facts that he

wished to be made available in relation to the Committee's consideration of the

item.

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

(Item 8 in the Minute Book) on an application for the addition to the Definitive Map

of a Footpath in the Parish of Sparsholt.

Members noted that the item had previously been deferred to allow Mr Sollars

sufficient time to prove that he owned part of the land over which the claimed path

runs. Mr Sollars had subsequently made an application to the Land Registry in

January 2006 and had been granted absolute title of the track between points A and

B on the map attached to the report.

Following a detailed discussion it was agreed that the application should be refused

and that Officers should investigate with the landowner the possibility of an

alternative route across his land for users.

RESOLVED:

That the claim be refused.

130. REPLACE THE APPROVED TWO STOREY CHECKER'S AND MESS

ROOM (APPLICATION NO. P/04/1239/CC DATED 3 AUGUST 2004) WITH

TWO SINGLE STOREY BUILDINGS, SCREEN BUNDS TO BE

INCREASED AT ROOKERY FARM LANDFILL SITE, BOTLEY ROAD,

SWANWICK.

The Committee considered the report of the Chief Planning Adviser (Item 6 in the

Minute Book) seeking planning permission to replace the approved two storey

checker's and mess room (Application No. P/04/1239/CC dates 3 August 2004)

with two single storey buildings and to increase screen bunds at Rookery Farm

Landfill Site, Botley Road, Swanwick.

In considering the application, the Committee considered that Condition (1) should

be amended to reflect a time limit expiring when the tipping is completed.

RESOLVED:

That planning permission to replace the approved two storey checkers and mess

Room (Application No. P/04/1239/CC dated 3 August 2004) with two single storey

buildings, screen bunds to be increased at Rookery Farm Landfill Site, Botley Road,

Swanwick, be granted permission for the reasons set out in the report and subject to

conditions specified therein and the amendment to Condition (1) as detailed above.

131. APPLICATION TO UPGRADE BRIDLEWAY NO. 32 IN THE PARISH OF

OWSLEBURY AND PART OF FOOTPATH NO. 30 IN THE PARISHES OF

OWSLEBURY AND UPHAM TO BYWAYS OPEN TO ALL TRAFFIC AND

APPLICATIONS TO UPGRADE ROADS USED AS A PUBLIC PATH NOS.

31 AND 51 IN THE PARISH OF OWSLEBURY AND ROAD USED AS A

PUBLIC PATH NO. 52 IN THE PARISHES OF OWSLEBURY AND

FAIR OAK AND HORTON HEATH TO BYWAYS OPEN TO ALL TRAFFIC

A copy of written representations received from Kieron Norris, Chairman of

Owslebury Parish Council was circulated to Members of the Committee enclosing

additional representations that he wished to be made available to in relation to the

consideration of the proposal to upgrade Bridleways Nos.51 and 52 in Owslebury

to a Byway Open To All Traffic (BOATs) at the same time as Bridleway No.32 in

Owslebury and part of footpath No.30 in Owslebury and Upham.

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

(Item 7 in the Minute Book) on an application to upgrade Bridleway No.32 in the

Parish of Owslebury and part of Footpath No.30 in the Parishes of Owslebury and

Upham to Byway Open To All Traffic and applications to upgrade roads used a

Public Path Nos. 31 and 51 in the Parish of Owslebury and road used as a Public

Path No. 52 in the parishes of Owslebury and Fair Oak and Horton Heath to Byways

Open To All traffic.

In considering the application, the Committee felt that it was appropriate to

determine the applications in respect of reasonable to deal with Bridleways Nos.51

and 52 as BOATs at the same time as Bridleway No.32 and part of Footpath No.30

in the interests of efficiency and economy. The Director of Recreation and Heritage

offered to write to the Chairman of Owslebury Parish Council to clarify why the

Committee had proceeded to determine the applications.

RESOLVED:

(i) That claim No. 697, to upgrade part of Upham Footpath No. 30 (Roughay Lane)

and Owslebury Bridleway No.32, (Trenchers Lane) to Byway Open To All

Traffic be refused.

(ii) That claim No. 866, to upgrade Owslebury RUPP 51 (part of Red Lane) to

byway be accepted.

(iii) That claim No. 864, to upgrade Owslebury RUPP 31 (part of Red Lane) to

byway be accepted.

(iv) That claim No. 867, to upgrade Owslebury RUPP No. 52 (Hatchley Lane) to

byway be accepted.

(v) That as soon as such power is available, an order be made to upgrade part of

Upham Footpath No.30 (i.e. that part between RUPP 27 and its junction with

Owslebury Bridleway No.32) and Owslebury Bridleway No.32 to restricted

Byway.

The Director of Recreation and Heritage raised some additional points that she

had not covered earlier in her presentation of the report. Members noted that

the British Horse Society had indicated that they did not agree with the Director

of Recreation and Heritage's interpretation of the historical evidence despite

but did agree with the recommendation. Mr Trigg, the owner of Roughay Farm

was not opposed to non motorised use of Roughay Lane.

The Committee affirmed its resolutions should stand.

132. DEDICATION OF FOOTPATH RIGHTS IN THE PARISH OF

KINGSCLERE

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

(Item 9 in the Minute Book) on an application for a Dedication of Footpath

Rights in the Parish of Kingsclere.

RESOLVED:

That the offer of Dedication from Basingstoke and Deane Borough Council be

accepted with thanks.

133. DEDICATION OF FOOTPATH RIGHTS IN THE PARISH OF

HIGHCLERE

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

(item 10 in the Minute Book) on an application for a Dedication of Footpath

Rights in the Parish of Highclere.

RESOLVED:

That the offer of Dedication from Basingstoke and Deane Borough Council be

accepted with thanks.

134. APPLICATION FOR A PUBLIC PATH DIVERSION ORDER FOR

FOOTPATH NOS. 18, 22, 23 AND 25 IN THE PARISH OF ODIHAM.

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

(item 11 in the Minute Book) on an application for a Public Path Diversion

Order for Footpath Nos. 18, 22, 23 and 25 in the Parish of Odiham.

RESOLVED:

(i) That the diversion of part Footpath No. 23 in the Parish of Odiham from

the current route to a new alignment running from Point A

(GR 473415 152325) through to Point B (GR 473360 152362) to

Point C (GR 473536 152550) as shown on the map attached to the report.

(ii) That the diversion of parts of Footpath Nos. 23 and 25 from the current

route to a new alignment running from Point D (GR 473575 152494) along

the northern edge of the vehicle marshalling yard to Point F

(GR 473675 152450) as shown on the map attached to the report.

(iii) That the diversion of parts of Footpath No.18 from the current route to a

new alignment running from Point F (GR 473675 152450) south along a

headland path to Point H (GR 473696 152242) as shown on the map

attached to the report.

(iv) That the diversion of parts of Footpath No. 22 from the current route to a

alignment running from Point L (GR 474404 152104) south across the field

to the headland at Point M (GR 474368 151980) and then north and west on

a headland path to Point J (GR 473834 152144) as shown on the map

attached to the report.