Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 19 July 2006.

PRESENT:

Also in attendance: Councillor A. Carew, Felicity Hindson MBE., M. J. Kendal,

M. N. Kemp-Gee, Alan Rice TD.

146. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Mrs P. M. Devereux,

D. Gillett, B. T. Gurden, Jo Kelly, A. R. Ludlow, R. H. Price JP, and D. F. Wright.

147. 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.

148. MINUTES

The Minutes of the meeting held on 7 June 2006 were confirmed by the

Committee and signed by the Chairman.

149. CHAIRMAN'S COMMUNICATIONS

The Chairman announced that the training session for Members that afternoon had

been postponed due to the large agenda and number of deputations.

The Committee resolved to suspend Standing Order 21 (e) in order to extend the

time limit for deputations from one hour to one and a half hours and the Chairman

explained how he proposed to allocate time between each of the items for which

notice of deputations had been given.

150. RE-APPLICATION FOR SAND AND GRAVEL EXTRACTION,

CONSTRUCTION OF A VEHICULAR ACCESS AND ENVIRONMENTAL

BANKS, RESTORATION TO LAKES, WOODLAND AND SMALL FIELDS

AT DOWNTON MANOR FARM, MILFORD-ON-SEA

(APPLICATION NO. 06/87884) (COUNTY COUNCIL REF: NF177)

Messrs R. Bishop, J. Salmon (Land and Minerals Management Limited),

J. Sey (on behalf of DAMAGE - Downton and Milford Against Gravel Extraction),

K. Oliver (on behalf of Mr and Mrs J. Gay), Mrs D. Wood (employee of New Milton

Sand and Ballast Company), Messrs S. Pollock (Managing Director of Shorefield

Holidays Limited), D. Badcock (Managing Director New Milton Sand and Ballast

Company), H. J. Phillips, A. Howe (Vice-Chairman of New Forest Tourism

Association) and Mrs J. M. Kitcher (Director of W. G. Hibbs and Company Limited)

made deputations in respect of this item.

Councillors M. J. Kendal and A. W. Rice, TD also attended the meeting and spoke in

opposition to the proposals on the grounds of (inter alia) of impact on local

economy, tourism, the environment and surrounding holiday parks.

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

Minute Book) on a re submission for planning permission for sand and gravel

extraction, construction of a vehicular access and environmental banks, restoration

to lakes, woodland and small fields at Downton Manor Farm, Milford-on-Sea.

The Committee considered most carefully all aspects of the application and

supported the Officer recommendation to refuse approval on the grounds of

emerging strategic policy.

RESOLVED:

That planning permission in respect of the re-application for sand and gravel

extraction, construction of a vehicular access and environmental banks, restoration to

lakes, woodland and small fields at Downton Manor Farm, Milford-on-Sea

(Application No. 06/87884) be refused for the reasons set out in the report.

151. NEW FIRST FLOOR CLASSROOM EXTENSION AT WEST MEON

PRIMARY SCHOOL, CHURCH LANE, WEST MEON, PETERSFIELD

(APPLICATION NO. 06/01127/HCS W05273/03 AND 06/01128/HCS

W05273/04/LB) (COUNTY COUNCIL REF: WRE051)

Councillor Felicity Hindson, MBE declared a personal interest as a Trustee

appointed by the County Council, of The National School with Mary Touchet's

Charity, West Meon.

Messrs D. Golland and A. Theobald made deputations in respect of this item.

Councillor Felicity Hindson, MBE attended the meeting and spoke in support of

the proposals on the grounds of the accommodation at the school being inadequate

for delivering the curriculum, the need for increased accommodation for the school

to maintain its excellent performance, to serve the needs of the community and for

the well being of the school.

The Committee considered the report of the Chief Planning Adviser (Item 8 in the

Minute Book) on revisions to the application for planning permission and Listed

Building and Conservation Area Consent for the provision of a new classroom as a

first floor extension at West Meon Primary School, West Meon.

In considering the revised application Members were pleased to note that the deferral

had resulted in improved plans for the scheme which although did not alter the bulk

of the building changed the appearance which made the new design more acceptable.

RESOLVED:

(a) That planning permission in respect of a new first floor classroom extension at

West Meon Primary School, Church Lane, West Meon, Petersfield, GU32 1LF

(06/01127/HCS) be granted for the reason set out in the report and subject to the

condition specified therein.

(b) That the Secretary of State for the Environment, Food and Rural Affairs be

recommended to grant Listed Building and Conservation Area Consent in

respect of a new first floor classroom extension at West Meon Primary School,

Church Lane, West Meon, Petersfield (LB) (06/01128/HCS) for the reason set

out in the report subject to the condition specified therein.

152. WINNING AND WORKING OF SAND WITH RESTORATION AT LOW

LEVEL TO NATURE CONSERVATION USES TO INCLUDE A SOUTHERN

EXTENSION TO THE EXISTING EXTRACTION AREA, THE RETENTION

OF THE PROCESSING PLANT AND THE IMPORTATION OF SMALL

QUANTITIES OF MINERAL AT LAND AT FRITH END QUARRY,

BORDON (APPLICATION NO. F30633/012/CMA)

(COUNTY COUNCIL REF. EH121)

Messrs D. Graham, B. Davey, Dr R. Trout, C. Neville, O. Dimond (Grundon Waste

Management Limited) and D. Comber made deputations in respect of this item.

Councillors A. Carew and M. N. Kemp-Gee also attended the meeting and spoke in

opposition to the proposals on the grounds (inter alia) of restoration,

The Committee considered the report of the Chief Planning Adviser (Item 7 in

the Minute Book) on an application for planning permission for the winning and

working of sand with restoration at low level to nature conservation, uses to include

a southern extension to the existing extraction area, the retention of the processing

plant and the importation of small quantities of mineral at Land at Frith End Quarry,

Bordon.

Members noted that the phasing plan in the report was incorrect and the Chief

Planning Adviser displayed the correct version. It was also noted that the current

permission requires the completion of working and restoration by 2018 and not 2014

as stated in the report.

In considering the application, the Committee considered the main issues of

landscaping, lorry traffic, nature conservation, working below the water table and

revised restoration. Members agreed to defer further consideration of the application

to the next meeting of the Committee on 9 September to allow the Officers time to

seek clarification of the views of the Environment Agency and Water Company over

the infill below the water table and the highways impact of the proposal with

particular reference to HGV movements and to seek further information on

landscape, restoration and ecological impacts of the proposal, in particular the

impacts on Red Data Book plants and animal species on the site.

Councillor Allgood wished it to be recorded that he abstained from voting as he had

been out of the room whilst the deputations were heard.

RESOLVED:

That consideration of the planning application in respect of the winning and working

of sand with restoration at low level to nature conservation, uses to include a

southern extension to the existing extraction area, the retention of the processing

plant and the importation of small quantities of mineral at Land at Frith End Quarry,

Bordon (Application No. F30633/012/CMA) be deferred and that a report covering

the concerns expressed by the Committee be submitted to the next meeting of the

Committee on 6 September 2006.

153. APPLICATION FOR A DEFINITIVE MAP MODIFICATION ORDER FOR

THE ADDITION TO THE DEFINITIVE MAP A BYWAY OPEN TO ALL

TRAFFIC AT UPPER MILL IN THE PARISH OF LONGPARISH

Councillor M. G. Cooper declared a personal interest as a Test Valley Borough

Councillor.

Mr A. High made a deputation in respect of this item.

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

(Item 12 in the Minute Book) on an application to add to the definitive map a Byway

Open to All Traffic at Upper Mill Parish of Longparish.

RESOLVED:

That the application to add a byway at Upper Mill Longparish, between points A, B

and C as shown on the map attached to the report be refused.

154. COMMONS REGISTRATION ACT 1965, COMMONS REGISTRATION

(NEW LAND) REGULATIONS 1969 - APPLICATION TO REGISTER LAND

KNOWN AS THE FIELD OFF OLD KEMPSHOTT LANE, WORTING,

BASINGSTOKE AS TOWN OR VILLAGE GREEN

With the concurrence of the Chairman, under Section 100B(4)(b) of the Local

Government Act 1972, this report was included as an urgent item on the agenda to

ensure expeditious consideration of the application.

Councillor P. A. Heath declared a personal interest as a Basingstoke and Deane

Borough Councillor who had made decisions about this matter. He said that this

would not prejudice his decision because he had made decisions based upon facts as

presented.

Councillor S. Reid declared a personal and prejudicial interest as being Chairman of

the Save Manydown Group which opposes development on the Manydown land to

the west of the application site and as Chairman of the Group has made a public

statement relating to the application site that his preference is for there to be no

development of that site. Councillor Reid therefore left the meeting and took no

further part in the proceedings.

A copy of representations received by Mr Day from residents in Basingstoke was

circulated to Members of the Committee enclosing additional facts that they wished

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

The Committee resolved to suspend Standing Order 21(b) to enable Miss Morag

Ellis of Counsel, a non local Government elector to represent the objectors in their

deputation.

The Chief Executive explained prior to the Committee considering the report that the

County Council as registration authority had failed to comply with Regulation 6 (3)

of the Common Registration (New Land) Regulations 1969 by not sending papers in

relation to additional evidence received from the objectors to the applicant. The

Regulations require that such additional evidence is to be sent to the applicant and

given a reasonable time to consider it. The additional evidence was handed to the

applicant on the morning of the Committee and therefore limited time had been

given to assess the evidence. There had however been a meeting with all parties and

Mr Day, for the applicant, had been able to ask questions of the person whose

evidence it was. The question was therefore should the application be deferred to

enable the applicant further time for consideration.

On this procedural point Miss Ellis, Counsel for the objectors, took the view that

when the applicant had received the officers report he should have realised that the

additional evidence referred to in the report had not been sent to him and that this

should have been raised prior to the meeting. She made the point that the applicant

may have been in a better position than if he had simply been sent the material, there

having been a meeting during the morning. Miss Ellis therefore requested that the

application be heard. Miss Ellis explained that planning permission had been granted

for development of the site and that her clients were anxious that there be no further

delay to implementation of the planning permission.

Mr Day explained that he was unaware of the legislation and although he had

managed to look through the material in the time available on the day it had raised

numerous questions which he needed to consider.

The Committee considered that the report of the Chief Executive (Item 15 in the

Minute Book) to register land known as The Field, Worting, Basingstoke as town or

village green be deferred to the next meeting of the Committee on 6 September

2006.

RESOLVED:

That the application to register "The Field", off Old Kempshott Lane, Worting,

Basingstoke as town or village green should be deferred to the next meeting of the

Committee on 6 September 2006.

155. RETENTION OF NETLEY WASTE TRANSFER STATION,

NETLEY LANDFILL, PORTSMOUTH ROAD, NETLEY

(APPLICATION NO. S/06/57252) (COUNTY COUNCIL REF:EA027)

The Committee considered the report of the Chief Planning Adviser (Item 9 in the

Minute Book) on an application for planning permission for the retention and

continued operation of the Netley Waste Transfer Station.

In considering the application, the Committee considered that the decision letter

should include an advice note in such form as the Chief Planning Adviser shall

determine, requesting the applicant to promote a permanent location for the facility

as a matter of urgency and certainly in good time before the end of the permitted

period.

RESOLVED:

That, subject to the inclusion of an advice note concerning the long term future of

the site, planning permission in respect of the retention and continued operation of

the Netley Waste Transfer Station (and associated development) for a further period

of time at Netley Landfill, Portsmouth Road, Hound, Netley

(Application No. S/06/57252) be granted for the reason set out in the report and

subject to conditions specified therein and an advice note being issued regarding the

date for the cessation of waste uses.

156. CONSTRUCTION OF NEW EDUCATION SUPPORT CENTRE ON LAND

AT PARK HOUSE PRIMARY SCHOOL, PARK HOUSE FARM WAY,

HAVANT (APPLICATION NO. 03/59145/003)

(COUNTY COUNCIL REF: HVE036)

The Committee considered the report of the Chief Planning Adviser (Item 10 in the

Minute Book on an application for planning permission for the construction of a

replacement Education Support Centre (known as Woodlands Education Centre) on

land off Park House Farm Way, Havant.

Councillor Mrs Buckley, the Local Member expressed a number of concerns

regarding vehicular access and the lack of consultation with residents in the area.

In considering the application, some Members of the Committee asked that in future

Local Members be consulted on schemes especially if they are new Members on the

Committee.

RESOLVED:

(a) That planning permission for construction of New Education Support Centre on

land at Park House Primary School, Park House Farm Way, Havant

(Application No. 03/59145/003) (County Council Ref. HVE036), be granted for

the reason set out in the report and subject to the conditions specified.

(b) That delegation be given to Officers in the Environment Department to

investigate Councillor Mrs Buckley's concerns as outlined above and work with

Officers in Property, Business and Regulatory Services to deal with them

appropriately.

157. IMPORTATION OF CHALK FOR STORAGE, REUSE AND

RESTORATION AT RENOWN QUARRY, WELL LANE, LOWER FROYLE

(APPLICATION NO. F22196/007/CMA) COUNTY COUNCIL REF: EA027)

A copy of representations from Doctors Janet Hamilton, Rollin Scott and

Mrs Waugh was circulated to Members of the Committee enclosing additional facts

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

the item.

Councillor M. N. Kemp-Gee attended the meeting and spoke about the impact of

traffic on the small roads around Lower Froyle and the removal of the buildings.

The Committee considered the report of the Chief Planning Adviser (Item 11 in

the Minute Book) on an application for planning permission for the importation of

chalk for storage, reuse and restoration at Renown Quarry, Well Lane, Lower Froyle.

In considering the application, the Committee considered that a further report should

be presented to Committee on the removal of the buildings. (Condition 13)

RESOLVED:

(a) That permission in respect of the importation of chalk for storage, reuse and

restoration at Renown Quarry, Well Lane, Lower Froyle

(Application No. F22196/007/CMA) be refused for the reasons specified.

(b) That Officers investigate the existing conditions in relation to the buildings and

the previous application and advise Members accordingly.

158. APPLICATION FOR A MAP MODIFICATION ORDER TO RECORD A

BRIDLEWAY FROM FRENCHE'S LODGE, LITTLE LONDON TO

STOKE HILL, STOKE IN THE PARISHES OF SMANNELL AND

ST. MARY BOURNE

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

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

record a bridleway from Frenche's Lodge, Little London to Stoke Hill, Stoke in the

Parishes of Smannell and St. Mary Bourne.

RESOLVED:

(i) That the Regulatory Committee's resolution at its meeting on 20 July 2005, to

make an Order to record a Byway Open to All Traffic, between points A, B and

C, be limited to the section B-C only.

(ii) That a definitive map modification order be made to add a restricted byway from

Frenche's Lodge to Stoke Hill Farm, points A-B as shown on the map attached

to the report, in each case the widths and limitations (if any) to remain as before.

159. APPLICATION FOR A MAP MODIFICATION ORDER TO RECORD A

BRIDLEWAY FROM HART HILL TO NEW ROAD IN HYTHE AND

DIBDEN AND FAWLEY PARISHES

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

(Item 14 in the Minute Book) on an application for a Map Modification Order to

record a bridleway from Hart Hill to New Road in Hythe and Dibden and

Fawley Parishes.

RESOLVED:

(i) That the Regulatory Committee's resolution at its meeting on

7 September 2005, to record a Byway Open to All Traffic, between points A, B

and C, as shown on the map attached to the report, be rescinded.

(ii) That a Definitive Map Modification Order be made to add a Restricted Byway

from Hart Hill to New Road, as shown between points B and C on the map

attached to the report.