Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 29 November 2006

PRESENT:

Also in attendance : Councillors A. Carew, M. N. Kemp-Gee, Mrs A. Roling and

David Simpson.

29. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors B. T. Gurden and S. Reid.

30. 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.

31. MINUTES

The Minutes of the meeting held on 8 November 2006, as amended were confirmed

by the Committee and signed by the Chairman.

Arising thereon:

Minute 28 - Alterations, Extension and Refurbishment Works of County Council

Offices at Elizabeth II court and Ashburton Court, Winchester

(Application Nos. W00723/15; W00723/16LBCA and W00723/17LB)

(County Council Ref. WRG024)

Members requested details of the exterior cladding and the Chief Planning Adviser

agreed to provide details in writing.

32. CHAIRMAN'S COMMUNICATIONS

The Chairman reported that the Annual Members Tour would take place on

Friday 8 December 2006. Members were asked to indicate whether they would

be attending.

33. OUTCOMES FROM MEMBER TRAINING - 6 SEPTEMBER 2006

The Committee considered the report of the Chief Planning Adviser (Item 15 in the

Minute Book) on the outcomes from a Member training session held on

6 September 2006.

RESOLVED:

(i) That the Chairman and Members discuss with Property, Business and

Regulatory Services the temporary requirements for the Committee venue

pending the refurbishment of Ashburton Court be agreed.

(ii) That Councillors P. A. Heath, Mrs P. M. Devereux, M. G. Cooper and Jo Kelly

be nominated to form a working party to work with the officers in devising a pilot

scheme for the cross examination of deputees.

(iii) That the approach to attendance at site visits be agreed.

(iv) That the request of the Committee for the Chief Executive to ensure that the

dates for site visits to be printed in the Members' diary be agreed.

34. SHREDDING OF TYRES FOR REMOVAL FROM SITE USING

EXISTING BUILDINGS, REPAIRS TO HARDSTANDINGS AND

CONCRETE BASES AND TO INSTALL A SECURITY FENCE AT

AFROPA RECYCLING CENTRE, ASHFIELD SAWMILL SITE,

SOUTHAMPTON ROAD, ROMSEY (APPLICATON. 06/02324/CMS)

The Committee noted that since the last Committee meeting there had been no

progress in getting the additional information from the applicant, Afropa which was

needed for the planning application for tyre processing at Ashfield Sawmill,

Southampton Road, Romsey. As a result the matter is now being pursed directly with

the landowner and no further action is recommended at this time. Members requested

that they be kept informed of any developments. It was agreed that an update on

progress would be reported to the next meeting of the Committee on

10 January 2007.

35. COMMONS REGISTRATION ACT 1965. COMMONS REGISTRATION

(NEW LAND) REGULATIONS 1969. APPLICATION TO REGISTER

LAND KNOWN AS TESTWOOD HOUSE FARM, TESTWOOD,

TOTTON AS TOWN OR VILLAGE GREEN

Messrs A. J. Shepherd and Mick Mundy on behalf of New Forest District Council

made deputations in respect of this item.

The Committee considered the report of the Chief Executive (Item 21 in the Minute

Book) on an application to register land known as Testwood House Farm as town or

village green.

RESOLVED:

That in connection with the application to register Testwood House Farm, Testwood,

Totton as town or village green, a non-statutory public inquiry be held, an inspector

being appointed in respect of the same, the inspector then to prepare a written report

for the registration authority, with a recommendation to accede to or reject the

application, unless any party commences court proceedings under R (Whitmey) v

Commons Commissioners (2005) 1 QB 282 within 2 months be agreed.

36. COMMONS REGISTRATION ACT 1965. COMMONS REGISTRATION

(NEW LAND) REGULATIONS 1969. APPLICATION TO REGISTER

LAND KNOWN AS MENGHAM PARK, HAYLING ISLAND AS TOWN

OR VILLAGE GREEN

Councillor D. Gillett declared a prejudicial interest as a Havant Borough Councillor.

Councillor Gillett therefore left the meeting and took no further part in the

proceedings.

Dr F. W. Wright made a deputation in respect of this item. A copy of additional

comments from Dr Wright were circulated to Members in relation to the Committee's

consideration of this item.

The Committee considered the report of the Chief Executive (Item 22 in the Minute

Book) on an application to register land known as Mengham Park as town or village

green.

RESOLVED:

That in connection with the application to register Mengham Park, Hayling Island as

town or village green a non-statutory public inquiry be held, an inspector being

appointed in respect of the same, the inspector then to prepare a written report for the

registration authority, with a recommendation to accede or reject the application,

unless any party commences court proceedings under R Whitmey) v Commons

Commissioners (2005) 1QB 282 within 2 months be agreed.

37. SAND AND GRAVEL EXTRACTION AND PROGRESSIVE RESTORATION

TO COMMERCIAL FORESTRY AND NATURE CONSERVATION AT

BUSTA TRIANGLE, WEST OF EVERSLEY QUARRY, BRAMSHILL,

HARTLEY WINTNEY (APPLICATION NO. 06/01130/CMA)

(COUNTY COUNCIL REF. HR095) AND VARIATION OF CONDITIONS

TO ALLOW AN EXTENSION OF TIME FOR THE READY MIX

CONCRETE PLANT, MINERAL PROCESSING PLANT AND ANCILLARY

OPERATIONS AT EVERSLEY QUARRY (APPLICATION NO.

06/01839/CMA) (COUNTY COUNCIL REF. HR040)

Messrs J. W. Gough of David Walker Chartered Surveyors as agent for Lafarge

Aggregates Limited and P. Todd, Chairman of Eversley Parish Council and

Ms M. Darrie of Adams Hendry Consulting Limited on behalf of Mr and Mrs

Rimmer of Hill House made deputations in respect of this item.

A copy of representations received from Mr and Mrs Asprey and Philip Todd,

Chairman of Eversley Parish Council were 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 David Simpson also attended the meeting and spoke in opposition to the

proposals.

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

Minute Book) on planning permission for two interdependent applications.

Application 1 for sand and gravel extraction and progressive restoration and nature

conservation at Busta Triangle, West of Eversley , Bramshill, Hartley Wintney and

application 2 for the variation of conditions to allow an extension of time for the

ready mix concrete plant, mineral processing plant and ancillary operations at

Eversley Quarry .

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

landscaping and distance to the nearest residents.

RESOLVED:

(i) That planning permission in respect of the application for sand and gravel

extraction and progressive restoration to commercial forestry and nature

conservation at Busta Triangle, West of Eversley Quarry, Bramshill,

Hartley Wintney (Application No. 06/01130/CMA) be refused on the grounds

that it is a departure from the Development Plan in that it is not a `preferred

area' for gravel extraction and notwithstanding the need for mineral this is

outweighed by the adverse, amenity and landscape impact.

(ii) That planning permission in respect of the variation of conditions to allow an

extension of time for the ready mix concrete plant, mineral processing plant and

ancillary operations at Eversley Quarry (Application No. 06/01839/CMA) be

refused on grounds that there is no need to retain the ancillary mineral plant

beyond the life of the current planning permissions.

38. DEVELOPMENT AND OPERATION OF A MULTI-PURPOSE

WASTE TRANSFER STATION WITHIN AN EXISTING QUARRY

TO ACCOMMODATE A RANGE OF WASTE, INCLUDING

COMMERCIAL, DRY RECYCLABLES, DOMESTIC AND CIVIC

AMENITY WASTE AND AN ELEMENT OF SORTING AND

PRE-TREATMENT AT WARREN FARM QUARRY,

DOWNEND ROAD, FAREHAM (APPLICATION NO. P/06/1124/MW)

(COUNTY COUNCIL REF. FA025)

Messrs Trevor Ling, Owen Dimond, Planning Manager from Veolia Environmental

Services and David Anson made deputations in respect of this item.

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

Minute Book) on a proposal for a multi- purpose waste transfer station within

Warren Farm Chalk Quarry, Fareham.

The Chief Planning Adviser advised that the distances from Warren Farm Quarry to

the nearest residential houses on the plan attached to the report were inaccurate. He

circulated an aerial photograph which indicated more accurately the distances from

the nearest houses and Fort Nelson to the site.

In considering the application, Members considered that there should be a condition

specifying a requirement for odour treatment and asked the Chief Planning Adviser

to work with Veolia to alleviate any issues in respect of odour smells.

The Committee considered that Condition (2) relating to the Hours of Working

should be amended to reflect the opening hours of 0700 - 1900 seven days a week

to support the management of the civic amenity sites and that an additional condition

be imposed for a no right turn sign at the entrance to the Quarry site. There was a

proposal to defer consideration of the item to allow publicity of the 7 day a week

working hours which was proposed, seconded and defeated after a vote.

RESOLVED:

That planning permission in respect of the application for a multi-purpose waste

transfer station at Warren Farm Quarry, Downend Road, Fareham

(Application No. P/06/1124/MW) be granted for the reason set out in the report

and subject to the conditions specified therein and the amendment to Condition (1)

as detailed above and the additional condition as detailed above.

39. 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

FRITHEND QUARRY (APPLICATION NO. F30633/012/CMA)

(COUNTY COUNCIL REF. EH121)

Messrs David Graham, B. G. Davey, C. Neville (Chairman of Kingsley Parish

Council) and Mrs Jill Trout on behalf of Dr. R. Trout made deputations in respect of

this item.

A copy of representations received from Richard Skehens, Managing Director of

Grundon Waste Management Limited was circulated to Members of the Committee

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

Committee's consideration of the 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 adverse impact on

biodiversity, potential, alternative restoration and perceived jeopardy to the water

supply.

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

Minute Book) on planning permission for the working and winning of sand with

restoration at low level to nature conservation uses to include a southern extension to

the existing extraction area, the retention of processing plant and the importation of

small quantities of mineral land at Frithend Quarry, Bordon.

The Chief Executive advised receipt of an email from Councillor Kemp-Gee

requesting a postponement of the item due to two issues, firstly concerns that a

request for information under the Freedom of Information Act about the

Environmental Impact Assessment has not been fulfilled within 20 working days and

secondly that Grundons, the applicant intends to vary its application and the Parish

Councils have not had sufficient time to consider and consult on the proposed

changes.

In considering the application, Members were advised that `the importation of small

quantities of mineral' should be removed from the recommendation as the applicant

had withdrawn this element of the application. Members noted that the Chief

Planning Adviser would delete part of condition (8) `unless otherwise agreed in

writing by the Mineral Planning Authority'.

Councillors M. Cooper and S. C. James wished it to be recorded that they had

abstained from voting.

RESOLVED:

That planning permission 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 at

Frithend Quarry, Bordon be granted for the reason set out in the report subject to the

conditions specified and the application being referred to the Secretary of State in

accordance with the departure from the development plan procedures.

40. USE OF AGRICULTURE BARNS FOR STORAGE OF WASTE PAPER

AND BIOMASS AT THE AVENUE, LASHAM NEAR ALTON

(APPLICATION NO. F37181/008/CMA)

(COUNTY COUNCIL REF. EH152 )

This item was withdrawn.

41. TO DEVELOP A WASTE RECYCLING FACILITY FOR FARM,

CONSTRUCTION AND DEMOLITION WASTES, INCLUDING SOIL

SCREENING, CONCRETE CRUSHING, MATERIAL AND

CONTAINER STORAGE AT LAND OFF A303, NEAR LONGPARISH,

ANDOVER (APPLICATION NO. 06/02870/CMAN)

(COUNTY COUNCIL REF. TV231 )

The Committee considered the report of the Chief Planning Adviser (Item 12 in the

Minute Book) on an application for the development of a Waste Recycling Facility

for farm, construction and demolition wastes including soil screening, concrete

crushing material and container storage at land off the A303 near Longparish, Alton.

Mr Peter Coe of Cirrus Consultancy made a deputation in respect of this item and

a copy of representations received by Mr Coe 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.

Members agreed to defer consideration of the application to the next meeting of the

Committee on 10 January 2007 to allow Officers time to provide details for storage

of materials and layout and requested that a condition about lorry movements be

imposed.

RESOLVED:

That planning permission to develop a waste recycling facility for farm, construction

and demolition wastes, including soil screening, concrete crushing, material and

container storage at land off A303, near Longparish, Alton be deferred and that a

report on covering the concerns expressed by the Committee be submitted to the next

meeting of the Committee on 10 January 2007.

42. PROPOSED EXTENSION OF TIME FOR NON-INERT TIPPING AND

RESTORATION AT FAIR OAK LANDFILL SITE, MORTIMER'S LANE,

EAST HORTON, EASTLEIGH

(APPLICATION NO. S/06/58145) (COUNTY COUNCIL REF. EA083)

Messrs George Hamilton, Ted Simms, Gareth Phillips on behalf of the applicant

SITA UK Ltd and J. G. Wright, Councillor for Fair Oak and Horton Heath made

deputations in respect of this item.

A copy of representations received by George Hamilton and a leaflet from

Gareth Phillips of SITA UK Ltd were circulated to Members enclosing additional

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

consideration of the item.

Councillor Mrs A. Roling also attended the meeting and spoke on this item.

The Committee considered the report of the Chief Planning Adviser (Item 13 in the

Minute Book) on an application for planning permission to extend the period for

tipping at the Fair Oak Landfill by two years with a further six months for

restoration.

The Chairman read out a statement from Councillor Allgood, Chairman of the

Fair Oak Sandpit Advisory Panel who had given his apologies for not attending the

meeting. He set out three points on behalf of local residents which they wished to

bring to the attention of Members; that the lorries should be cleaned before returning

to Mortimers Lane, lorries queueing before 7am was unacceptable and that dog

faeces were bring collected and deposited at Fair Oak.

Members noted that the managing of the site in relation to opening, queuing and

cleaning would be raised directly with SITA UK Ltd. The Chief Planning Adviser

agreed to reply to Councillor Allgood's concerns direct.

RESOLVED:

That, subject to the completion of a legal agreement to secure a financial contribution

in the sum of £10,000 towards traffic calming and highways works and lorry

routeing, planning permission in respect of an extension of time for non-ert tipping

and restoration (without complying with Condition (1) of S/05/53266, Condition (1)

of 17314/007 and Condition (1) of 17314/3 at Fair Oak Landfill, Mortimers Lane,

East Horton, Eastleigh be granted for the reason set out in the report, subject to

the conditions specified and a further condition relating to wheel cleaning.

43. RELIEF FROM CONDITIONS 4 AND 7 OF PLANNING

PERMISSIONS F20661/037/CMA AND F20661/038/CMA TO ALLOW

EXPORT OF CLAY AND EXTRACTION OF CLAY WITHOUT

COMPLETING THE HAUL ROAD AND OFF-SITE HIGHWAY

WORKS AT SELBORNE BRICKWORKS AND CLAYPIT,

HONEY LANE, SELBORNE (APPLICATION NO. F20661/043/CMA)

(COUNTY COUNCIL REF. EH018)

Messrs Pelham Ravenscroft and Richard Wyndham-Smith from F. J. Thompson and

Company made deputations in respect of this item.

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

application.

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

Minute Book) on an application for the relief from conditions 4 and 7 of planning

permissions to allow the export of clay and extraction of clay without completing the

haul road and off site highway works at Selborne Brickworks and Claypit,

Honey Lane, Selborne.

RESOLVED:

That planning permission in respect of the application for relief from Conditions

4 and 7 of Planning Permissions F20661/037/CMA and F20661/038/CMA (to allow

the export of clay and extraction of clay without completing the haul road and off-site

highway works) at Selborne Brickworks and Claypit, Honey Lane, Selborne be

refused for the reasons set out in the report.

44. APPLICATION FOR A MAP MODIFICATION ORDER FOR THE

ADDITION TO THE DEFINITIVE MAP OF A BRIDLEWAY

BETWEEN CRADLE LANE AND BRIDLEWAY 54 IN THE PARISH

OF HEADLEY

This item was deferred.

45. SAXON WOOD SCHOOL, ROOKSDOWN, BARRON PLACE,

BASINGSTOKE - RENEWAL OF TEMPORARY PLANNING

PERMISSION FOR ONE SINGLE TEMPORARY CLASSROOM

(APPLICATION NO. BDB/64167) (COUNTY COUNCIL REF. BAE 033)

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

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

temporary planning consent to continue the siting of a temporary classroom unit for

a further five years at Saxon Wood School, Rooksdown, Barron Place, Basingstoke.

RESOLVED :

That consideration of the item be deferred to enable planning issues to be further

explored.

46. APPLICATION FOR A DEFINITIVE MAP MODIFICATION ORDER

TO RECORD A FOOTPATH IN THE PARISH OF HEADLEY

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

(Item 16 in the Minute Book) on an application for a Definitive Map Modification

Order to record a footpath in the Parish of Headley.

RESOLVED:

That an Order be made to add a footpath, from Footpath 28 to the Village Green in

the parish of Headley, to the Definitive Map, such footpath being the width of 1.2

metres between points A, B and D and 2.44 metres between the points B and C.

47. APPLICATION FOR A DEFINITIVE MAP MODIFICATION ORDER

TO RECORD NEWNHAM FOOTPATH 1, ROTHERWICK

FOOTPATH 1, HARTLEY WESPALL FOOTPATH 9B AND AN

UNRECORDED ROUTE IN HARTLEY WESPALL AS A BYWAY

OPEN TO ALL TRAFFIC

A copy of representations received from Mrs Fry and also Mr Graham Plumbe were

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 considered the report of the Director of Recreation and Heritage

(Item 17 in the Minute Book) on an application for a Definitive Map Modification

Order to record Newnham Footpath 1, Rotherwick Footpath 1, Hartley Wespall

Footpath 9B and an unrecorded route in Hartley Wespall as a byway open to all

traffic.

RESOLVED:

That the claim be refused.

48. PROPOSED LICENCED FOOTPATH IN THE PARISH OF HURSLEY

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

(Item 18 in the Minute Book) on a proposed licenced footpath in the Parish of

Hursley.

RESOLVED:

That Hampshire County Council enter into an agreement with the owners of the

Hursley Estate to establish a licenced footpath for a period of five years.

49 APPLICATION FOR A PUBLIC PATH DIVERSION ORDER FOR

FOOTPATH NO. 9 IN THE PARISH OF BINSTED

Councillor M. G. Kemp-Gee spoke in favour of the application.

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

(Item 20 in the Minute Book) on an application for a Public Path Diversion Order for

Footpath No. 9 in the Parish of Binsted.

RESOLVED:

That an Order be made for the diversion of Footpath No.9 in the Parish of Binsted

from the current definitive alignment to a new route running from Point A

(GR 476634 141104), at a kissing gate to the north of a pond, thence north north east

across a meadow to a ramp at Point C (GR 476662 141168) on the southern edge of

the C84 Binsted Road.