Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 10 January 2007.

PRESENT:

Also in attendance: Councillor M. N. Kemp-Gee.

50. APOLOGIES FOR ABSENCE

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

Mrs P. Dickens, D. Gillett, P. A. Heath and G. M. Hockley.

51. 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.

52. MINUTES

The Minutes of the meeting held on 29 November 2006, as amended, were confirmed by the Committee and signed by the Vice-Chairman.

Arising on Minute 48 - Map Modification Order to Record Bridleways on Broxhead Common in the Parish of Headley - 19 October 2005

The Area Countryside Manager from Recreation and Heritage advised that an appeal had been lodged with the Secretary of State against the Regulatory Committee's decision on 19 October 2005 to refuse the application to record Bridleways on Broxhead Common, Headley. The consultation process had ended in November 2006 and the deliberation phase had commenced. A decision was awaited from the Secretary of State. Members noted that the Officer had communicated with the landowner who is not in favour of any further Bridleways on Broxhead Common. Further exploration of the possibilities of bridleway provision may be undertaken, dependent upon the result of the appeal.

53. CHAIRMAN'S COMMUNICATIONS

Councillor Mrs Devereux, as Chairman, reported that following the Outcomes from Member Training the Chief Planning Adviser would contact Councillors

P. A. Heath, Mrs P. M. Devereux, M. G. Cooper and Jo Kelly with suggested dates for the Working Party to meet to discuss a pilot scheme for the cross examination of deputees.

54. 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 (APPLICATION NO. 06/02324/CMS)

Councillor M. G. Cooper declared a personal interest as living in the third closest house to the site.

Members noted that since the last Committee meeting there had been no progress in obtaining information from the applicant, Afropa, which was needed to progress the planning application for tyre processing at Ashfield Sawmill, Southampton Road, Romsey. It is understood that the link between Afropa and the landowner has been severed and following a meeting between the landowner and officers from Hampshire County Council on 7 December 2006, the landowner has confirmed an intention to discuss matters with consultants with a view to submitting a revised application as soon as practicable.

Members noted that the County Council is currently engaging a waste management consultant to provide independent advice on costs and timescales associated with removing the tyres and that meanwhile the tyres had been significantly reordered to include fire breaks to make the site safer.

Members agreed that an update on progress should be reported to the next meeting of the Regulatory Committee and the Chief Planning Adviser agreed to submit a full report to the meeting incorporating the advice given and bringing Members up to date on the options available to the County Council and the potential consequences of any action.

55. 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)

Mr P. Coe from Cirrus Consultancy made a deputation in respect of this item.

A copy of representations received from Mr Coe were circulated to Members of the Committee enclosing additional information that he wished to be made available in relation to the Committee's consideration of the item.

The Committee considered a report of the Chief Planning Adviser (Item 7 in the Minute Book) on an application for planning permission 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, Andover.

In considering the application, Members considered that Condition (6) relating to waste and Condition (7) relating to storage of oils, fuels and chemicals should be amended so that details are agreed by the Waste Planning Authority and that Condition (10) relating to the lighting scheme should be amended to reflect that details should be agreed by the Waste Planning Authority in writing. The Chief Planning Adviser confirmed that he would amend the Conditions accordingly.

The Committee raised concerns about enforcement of lorry routeing and considered that a Section 106 Agreement to route lorries accessing the site via the A303 should be implemented.

RESOLVED:

That, subject to completion of a Section 106 Agreement for lorry routeing and development plan `departure' procedures, 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, Andover (Application No. 06/02870/CMAN) be granted for a temporary five year period, subject to conditions specified therein and amendment to Conditions (6), (7) and (10) as detailed above.

56. TO ALTER CONDITION 2 OF PLANNING PERMISSION F21878/008/CMA TO ALLOW THE EXISTING FINISHED LEVELS TO REMAIN AS THEY EXIST, DESPITE THE CONDITION ALLOWING FOR AGREEMENT TO SUCH LEVELS BY THE COUNTY COUNCIL IN WRITING, AT

CHAPEL FARM, ROMAN ROAD, OAKHANGER

(APPLICATION NO. F21878/013/CMA) (COUNTY COUNCIL REF. EH142)

Messrs P. Ravenscroft and John Benham-Crosswell made deputations in respect of this item.

Councillor M. N. Kemp-Gee also attended the meeting and spoke as Local Member and Chairman of the Selborne Brickworks and Landfill Site Liaison Panel.

The Committee considered a report of the Chief Planning Adviser (Item 8 in the Minute Book) on an application for planning permission to amend Condition 2 of Planning Permission F21878/008/CMA to allow existing finished levels to remain as they exist.

The Committee considered the application most carefully and supported the Officer recommendation to refuse the application on the grounds that the restoration of the site is unsatisfactory and the retention of the landform will have an unacceptable visual impact.

RESOLVED:

That planning permission in respect of alteration of Condition 2 of Planning Permission F21878/008 to allow the existing finished levels to remain as they exist, despite the condition allowing for agreement to such levels by the County Council, in writing, at Chapel Road, Roman Road, Oakhanger (Application No. F21878/013) be refused for the reasons set out in the report.

57. TEMPORARY CONTRACTORS' SITE COMPOUND REQUIRED FOR THE DURATION OF THE SEWER UPGRADE WORKS AT CRICKETERS WAY, ANDOVER AT PUBLIC OPEN SPACE OFF SWALLOWFIELDS, OPPOSITE DOVE CLOSE, ANDOVER (APPLICATION NO. 06/03145/CMAN)

Mr Cos Polito, Senior Environmental Planner with 4Delivery Limited made a deputation in respect of this item.

The Committee considered a report of the Chief Planning Adviser (Item 10 in the Minute Book) on an application for planning permission for a temporary compound on public open space off Swallowfields, opposite Dove Close, Andover which is required in connection with work to upgrade sewers in the vicinity.

In considering the application, Members considered that Condition (3) relating to access to the development should be amended to include `or egress' after `there shall be no access to the development' and the Chief Planning Adviser confirmed that he would amend the Condition accordingly. Members requested details of the measures to prevent mud and spoil being deposited on the public highway and asked what steps would be taken to ensure that the site would be restored to a satisfactory condition and whether this would be carried out by a certain time. The Chief Planning Adviser reported that he would include a time limit.

Members noted that the location plan was incorrect and the Chief Planning Adviser displayed the correct version.

RESOLVED:

That planning permission, in respect of a temporary contractors' site compound required for the duration of the sewer upgrade works at Cricketers Way, Andover (Application No. 06/03145/CMAN), be granted for the reason set out in the report and subject to the conditions specified therein, an amendment to Condition (3) as detailed above and amendment to Condition (1) as detailed above.

58. CLAIM TO REMOVE FOOTPATH 21 IN THE PARISH OF

VERNHAMS DEAN FROM THE DEFINITIVE MAP

The Committee considered a report of the Director of Recreation and Heritage (Item 11 in the Minute Book) on an application to remove Footpath 21 in the Parish of Vernhams Dean from the Definitive Map.

Mrs T. Herriott made a deputation in respect of this item.

RESOLVED:

That the application to remove Vernhams Dean Footpath 21 from the Definitive Map be refused.

59. 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

Mr M. Cornish and Mrs M. Comber made deputations in respect of this item.

A copy of representations received from Mrs Comber were circulated to Members of the Committee enclosing additional information that she wished to be made available in relation to the Committee's consideration of the item.

Councillor M. N. Kemp-Gee also attended the meeting and spoke on this item.

The Committee considered a 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 a Bridleway between Cradle Lane and Bridleway 54 in the Parish of Headley.

RESOLVED:

That the application for a Map Modification Order, to record Bridleways between Cradle Lane and Bridleway 54, be refused.

60. 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 a report of the Chief Planning Adviser (Item 9 in the Minute Book) on an application for planning permission for the renewal of temporary planning consent to continue the sitting of a temporary classroom unit for a further five years at Saxon Wood School, Rooksdown, Barron Place, Basingstoke.

The Director of Children's Services attended to present additional information requested by Members at the last meeting of the Committee. He reported that children with physical disabilities and complex medical conditions relied on this type of educational provision as they would not otherwise be able to attend school. Members noted that the replacement of the temporary building at the moment was unaffordable, another suitable alternative site had not been identified and consideration would continue to be given to moving the pupils to other schools which would involve longer journeys. Members noted that the building had been graded as being in a `fair' condition but considered that a new, better designed temporary classroom could be located. At the request of Members the Director of Children's Services agreed to give consideration to a new temporary replacement classroom, although it was pointed out that a decision on this issue would need to be taken by the Executive Member for Education and would be subject to sufficient resources being available.

RESOLVED:

That planning permission in respect of temporary permission for one single temporary classroom (Ref. 9255) at Saxon Wood School, Rooksdown, Barron Place, Basingstoke (Application No. BDB/64167) be granted for the reason set out in the report and subject to the conditions specified therein.

61. PROPOSAL TO MAKE A DEFINITIVE MAP MODIFICATION ORDER TO RECORD A RESTRICTED BYWAY BETWEEN CHURCH LANE IN NURSLING AND ROWNHAMS PARISH AND LEE CHURCH LANE IN ROMSEY EXTRA PARISH

The Committee considered a report of the Director of Recreation and Heritage (Item 13 in the Minute Book) on a proposal to make a Definitive Map Modification Order to record a restricted byway between Church Lane in Nursling and Rownhams Parish and Lee Church Lane in Romsey Extra Parish.

RESOLVED:

(a) That the resolution of the Rights of Way Panel meeting on 7 July 2001, to make an Order to record a Byway Open to All Traffic, between points

A-B-C-D-E, as shown on the map attached to the report, be rescinded.

(b) That a Definitive Map Modification Order be made to add a Restricted Byway between Church Lane, Nursling and Lee Church Lane, as shown between points A-B-C-D-E on the map attached to the report.

62. APPLICATION FOR A PUBLIC PATH DIVERSION ORDER FOR PART OF FOOTPATH NO. 707 IN THE PARISH OF AWBRIDGE

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

(Item 14 in the Minute Book) on an application for a Public Path Diversion Order for Part of Footpath No. 707 in the Parish of Awbridge.

RESOLVED:

(a) That, subject to receipt of a signed Schedule of Works, an Order be made for the diversion of part of Footpath No. 707 in the Parish of Awbridge, in the interests of the public. The proposed route of the diverted section of Awbridge Footpath No. 707 begins at Point A on the map attached to the report and then proceeds in a northerly direction down a fenced reservation to Point X. The path then proceeds along the top of a gentle cross slope, to reach Point Y beside a field access gate and from this point it continues via a short graded ramp to a junction with Cooks Lane at Point Z.

(b) That the administration costs associated with the making of the Order being absorbed by the County Council, whilst the cost of advertising the Order in the local press and bringing the new route up to a standard suitable for use by the public will be reimbursed or paid by the landowner.

63. APPLICATION FOR A PUBLIC PATH DIVERSION ORDER FOR PART OF FOOTPATH NO. 4 IN THE PARISH OF EVERSLEY

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

(Item 15 in the Minute Book) on an application for a Public Path Diversion Order for part of Footpath No.14 in the Parish of Eversley.

RESOLVED:

(a) That, subject to receipt of a signed Schedule of Works, an Order be made for the diversion of section A-D of Footpath No. 4 in the Parish of Eversley from the current definitive alignment to a new route running from Point F as shown on the map attached to the report, on the eastern verge of the U241 New Mill Lane, along the raised bank of the River Blackwater to a bridge at Point J.

(b) That, subject to receipt of a signed Schedule of Works, an Order be made for the diversion of Section E-D of Footpath No. 4 in the Parish of Eversley from the current definitive alignment to a new route running from Point E as shown on the map attached to the report, through Point J and then east to rejoin the existing alignment of Eversley Footpath No. 4 at Point K.

64. APPLICATION FOR A PUBLIC PATH DIVERSION ORDER FOR PART OF FOOTPATH NO. 17 IN THE PARISH OF PAMBER

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

(Item 16 in the Minute Book) on an application for a Public Path Diversion Order for Footpath No. 17 in the Parish of Pamber.

RESOLVED:

That, subject to receipt of a signed Schedule of Works, an Order be made for the diversion of Footpath No. 17 in the Parish of Pamber from the current definitive alignment to a new route running from Point G as shown on the map attached to the report along the western side of the fenceline, through Point H to Point J. It then turns north east, for approximately 12 metres, before continuing in a north westerly direction to enter Kinghern Copse. At Point N, the footpath emerges from the woods into a cultivated field and takes a direct line west north west to rejoin the current definitive alignment of Pamber Footpath No. 17 at Point P.