Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 6 September 2006

PRESENT:

Also in attendance: Councillors M. F. Cartwright and G. M. Hockley as observers, invited

by the Chairman.

1. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Mrs P. Dickens, P. A. Heath

R. H. Price JP.

Apologies were received from Councillor J.V. Bryant as he was carrying out duties

at a Citizenship Ceremony.

2. 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.

3. MINUTES

The Minutes of the meeting held on 19 July 2006 were confirmed by the Committee

and signed by the Chairman, subject to the following amendment.

Minute 156 - amended to reflect the request that new members of the

County Council should be consulted on schemes and not Members of the

Regulatory Committee.

Arising thereon:

Minute 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)

Members noted that the matter had been deferred to the October meeting of the

Regulatory Committee.

Minute 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)

Councillor Mrs Buckley reported that she was still concerned at the apparent lack of

consultation and neighbouring properties not receiving a letter or copy of the plan.

The Chief Planning Adviser explained that Park House Farm had been part of

an ongoing discussion with Havant Borough Council and therefore details had been

delayed with timings. Members agreed that the questions of access and general

conditions were covered at the last meeting of the Committee.

Minute 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)

The Chief Planning Adviser reported that a letter would be sent to Members advising

them of the outcomes of investigations into the existing conditions in relation to the

buildings. Alternatively, Members would be updated at the October meeting if the

information has not been received before then.

4. CHAIRMAN'S COMMUNICATIONS

The Chairman announced that at the end of the Committee's business a training

session for Members had been arranged. The purpose of the training session is to

consider certain existing committee procedures and to explore the opportunities for

improvement as part of a number of discussion groups. At the end of the workshop

the salient points from the discussion will form the framework for a report back to

Committee in November 2006.

5. APPLICATION TO REGISTER LAND KNOWN AS THE FIELD, OFF

OLD KEMPSHOTT LANE, WORTING, BASINGSTOKE AS TOWN OR

VILLAGE GREEN - COMMONS REGISTRATION ACT 1965 AND

COMMONS REGISTRATION (NEW LAND) REGULATIONS 1969

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 he has made a public

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

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

further part in the proceedings.

Councillor Jo Kelly declared a personal interest as a Hampshire County Council

Member on the Joint Manydown Trust.

Councillor B. T. Gurden declared a personal Interest as part of the Cabinet which

looked at the release of the land for housing development which was based purely

on evidence.

The Committee resolved to suspend Standing Order 21(b) to enable Miss M. Ellis

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

deputation.

Mr S. Day, Miss M. Ellis and Mr R. Stirling made deputations in respect of this item.

The Committee considered the report of the Chief Executive (Item 6 in the

Minute Book) on an application to register land known as The Field, Worting,

Basingstoke as town or village green.

The Chief Executive reminded the Committee that the application had been deferred

at the last meeting of the Committee in order that the applicant could consider

further evidence. Members noted that an additional 13 letters of support had been

received on the day of the Committee meeting on 19 July which had subsequently

been sent to the County Council's barrister, Stephen Morgan, for advice on whether

in light of the additional information received the recommendation as set out in the

report to the Committee on 19 July 2006 should change.

A copy of Counsel's second further advice had been emailed to Members of the

Committee prior to the meeting.

Members queried what was meant by `set aside' land and the Chief Executive

explained that it was her understanding this was a European Union scheme where a

proportion of agriculture land was set aside which was not actively farmed to

produce a crop. Members considered that the land had been in an agricultural use

and that even `only' 8 crops in 20 years meant that it was not a village green.

Members also noted that the correspondence mentioned dog walking, kite flying and

blackberry picking which were all sporadic activities and they were not convinced

that these signified the land had been used for public open space.

The Chief Executive confirmed that relevant use had to be carried out throughout the

20 year period as set out in Section 22 (1A) of the Commons Registration Act 1965

and that the relevant law had been presented to Members in the Committee reports.

Members considered most carefully all aspects of the application and considered

that the further evidence received did not show a need to carry out further

investigations by the holding of a non statutory public inquiry.

Councillors Gillett and Jo Kelly wished it to be recorded that they had abstained

from voting.

RESOLVED:

That having considered the further evidence from Stephen Morgan of Counsel, the

application to register land known as The Field, Worting, Basingstoke as town or

village green be rejected for the reasons set out in the report.

6. APPLICATION TO REGISTER LAND KNOWN AS THE GREEN,

STATION ROAD, PORCHESTER AS TOWN OR VILLAGE GREEN -

COMMONS REGISTRATION ACT 1965 AND COMMONS

REGISTRATION (NEW LAND) REGULATIONS 1969

A copy of representations from Mrs Cornish and Fareham Borough Council

were circulated to Members of the Committee enclosing additional facts which

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

the item.

The Committee considered the report of the Chief Executive (Item 7 in the

Minute Book) on an application to register land known as The Green,

Station Road, Porchester as town or village green.

In considering the application Members were mindful of the advice from

Vivian Chapman of Counsel that use of the locality had not been proved by the

inhabitants and noted that there had been an opportunity for them to revise the

description of `locality' when Counsel had first advised. They commented on the

availability of a park with a play area nearby.

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

recommendation.

RESOLVED:

That the application to register land known as The Green, Station Road, Porchester

as town or village green be rejected for the reasons set out in the report.

7. COMMONS REGISTRATION ACT 1965 - APPLICATION FOR THE

REMOVAL OF COMMON LAND FROM THE REGISTER OF COMMON

LAND CL277 HURST COMMON, RINGWOOD

A copy of the Opinion and Further Opinion of Vivian Chapman of Counsel was

circulated to Members of the Committee.

The Committee considered the report of the Chief Executive (Item 8 in the Minute

Book) on an application for the removal of Hurst Common from the Register of

Common Land.

In considering the application, Members considered Counsel's advice which had

advised that it could not be proved that the right had actually been abandoned.

The Committee report had been sent to the Solicitor acting on behalf of the

landowner but no response had been received.

RESOLVED:

That the application for the removal of Hurst Common from the Register of

Common Land be rejected for the reasons set out in the report.

8. APPLICATION FOR A PUBLIC PATH DIVERSION FOR FOOTPATH

NO. 5C IN THE PARISH OF MARCHWOOD

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

(Item 9 in the Minute Book) on an application for a Public Path Diversion Order

for Footpath No. 5C in the Parish of Marchwood.

RESOLVED:

That an Order be made for the diversion of Footpath No. 5C in the Parish of

Marchwood from the current definitive alignment to a new route running from

Point B (GR 438896 110024) at the western end of Brittany Close to Point E

(GR 439020 110095) on the southern verge of Normandy Way, as shown on the

map attached to the report.

9. APPLICATION FOR A PUBLIC PATH DIVERSION ORDER FOR

FOOTPATH NO. 13 IN THE PARISH OF HURSTBOURNE PRIOIRS AND

FOOTPATH NO. 33 IN THE PARISH OF LONGPARISH

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

(Item 10 in the Minute Book) on an application for a Public Path Diversion Order

for Footpath No. 13 in the Parish of Hurstbourne Priors and Footpath No. 33 in the

Parish of Longparish.

RESOLVED:

(a) That an Order be made for the diversion of Footpath No.13 in the Parish of

Hurstbourne Priors and Footpath No. 33 in the Parish of Longparish from the

current definitive alignment to a new route running from Point D

(GR 445098 145288) to Point J (GR 445324 146220) and from Point K

(445322 146252) to Point L (GR 445478 146858) as shown on the map

attached to the report.

(b) That the Director of Recreation and Heritage investigate with the applicants a

licence for a permissive footpath for a period of at least 5 years.

10. APPLICATION FOR A DEDICATION AGREEMENT, A PUBLIC PATH

DIVERSION ORDER AND A PUBLIC PATH EXTINGUISHMENT ORDER

VARIOUS PUBLIC RIGHTS OF WAY ON THE CADLAND ESTATE IN

THE PARISH OF FAWLEY

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

(Item 11 in the Minute Book) on an application for a Dedication Agreement, a

Public Path Diversion Order and a Public Path Extinguishment Order for various

public Rights of Way on the Cadland Estate in the Parish of Fawley.

RESOLVED:

(a) That the offer of new public rights of way be accepted with thanks and that a

Dedication Agreement be made for the routes as listed in Annex A to the report;

the creation of 5 new sections of footpath, the creation of 2 new sections of

bridleway and the upgrade of 4 sections of footpath to bridleway status.

(b) That a Diversion Order be made for the routes listed in Annex A;

Fawley Footpaths Nos 12, 14, 16, 18a, 19, 21 and 50 and Fawley Bridleways

Nos. 9 and 11.

(c) That an Extinguishment Order be made for the routes listed in Annex A;

Fawley Footpaths Nos. 17, 18b and 51.