Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 18 April 2007.

PRESENT:

Chairman:

p Councillor P. A. Heath

Vice-Chairman:

p Councillor Mrs. P.M. Devereux

Councillors:

Also in attendance:

Councillor David Harrison for Item 7 and Councillor R. J. Perry for Item 8.

94. DECLARATIONS OF INTEREST

Members were mindful that, where they believed that they had a personal or

personal prejudicial interest 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.

95. MINUTES

The Minutes of the Meeting held on 14 March 2007 were confirmed by the

Committee and signed by the Chairman.

Arising thereon:

Minute 83 - Chairman's Communications

The Chief Planning Adviser reported that Members of the Environment and

Transportation Policy Review Committee and Regulatory Committee had been

invited to sit on the Panel to consider the Development Plan Documents that form

the Hampshire Minerals and Waste Development Framework. The Panels would be

chaired by Councillor Kendal and Councillors P. A. Heath and P. R. C. Hutcheson

had been invited to sit on the Panels. Councillors Mrs K. Heron and

Mrs M. J. Tucker had agreed to join the Panels and he proposed to ask Councillors

I. F. E. Beagley, M.G. Cooper, Keith House, S. C. James and Jo Kelly.

Minute 89 - Alterations, Extension and Refurbishment Works of County Council

Offices at Elizabeth II Court and Ashburton Court, Winchester - Condition 3 :

Approval of Materials (Application Nos. W00723/15)

(County Council Ref. WRG024)

In response to a Member question, the Chief Planning Adviser reported that the

Architects confirmed that all timber used would be from sustainable sources and

had provided the certification. In addition the Architects had been in further

discussion with the manufacturers about the external wood cladding for the façade

on the Sussex Street entrance. The manufacturers had confirmed that the condition

of the wood cladding could not be guaranteed and proposed to use metal cladding

instead.

Members wished to record a note of thanks to the Architects for their response.

96. CHAIRMAN'S COMMUNICATION

The Chairman reminded Members that a buffet lunch followed by Rights of Way

training would follow the meeting.

97. MANAGING DEPUTATIONS - REPORT OF THE WORKING GROUP

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

Minute Book) on the outcomes of a Member and Officer Working Group

concerning a pilot scheme in relation to deputations to the Regulatory Committee.

Members agreed that it was important that all questions should be asked through

the Chairman to protect the level of questions asked and that deputees should not

feel obliged to answer questions. Members considered to pilot the scheme from the

the next meeting of the Committee on 23 May 2007 (although it was understood

that the Chief Executive had to make arrangements to put procedures in place to

temporarily) noting that it would be necessary for the Committee at each meeting

to suspend Standing Order 21 in order to allow questions to be put through the

Chairman to deputations.

RESOLVED:

That the following recommendations from the Working Group be agreed:

(i) It would be worthwhile for the Regulatory Committee to pilot a scheme where relevant questions can be posed to deputees.

(ii) The pilot scheme should be based on suspending Standing Order 21 in relevant cases rather than amending the Constitution.

(iii) Any request for suspending Standing Order 21, to allow questions to be put, will be taken after hearing all deputations on an agenda item and will be moved and voted upon without debate.

(iv) Questions from Committee Members should be put to the Chairman who may seek the advice of the legal and the other advisers as appropriate: the Chairman's decision on a question will be final. Questioning will be limited to matters of fact and clarification.

(v) A pilot scheme should be run for four meetings. The agenda for all four meetings will clearly identify that, as part of a pilot scheme, Standing Orders might be suspended to allow the Committee to pose questions to deputees.

(vi) Although they are not covered by Standing Order 21, Local members who speak at Committee should also be alerted to the fact that they too might be asked questions.

(vii) The Working Group should review the outcome of the pilot scheme.

98. REDEVELOPMENT OF EXISTING SITE TO PROVIDE A

REPLACEMENT WASTE TRANSFER STATION AND HOUSEHOLD

WASTE RECYCLING CENTRE, DEMOLITION OF FORMER

INCINERATOR BUILDING AND TWO REDUNDANT BUILDINGS AND

TEMPORARY EXTENSION OF TIME FOR RETENTION OF EXISTING

WASTE TRANSFER STATION (UNTIL REDEVELOPMENT

COMMENCES) AT BURY ROAD/NORMANDY WAY, MARCHWOOD

(APPLICATION NO.07/89251) (COUNTY COUNCIL REF. NF018)

Mrs Alison Hoare and Mrs Fiona Hardy and Mr John Collis (of Veolia

Environmental Services) and Councillor Thierry, (Portfolio Holder for

Environment at New Forest District Council and Chairman of Project Integra)

made deputations in respect of this item.

A copy of representations from Councillor Michael Thierry of New Forest District

Council was 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.

Councillor David Harrison also attended the meeting and spoke as Local Member

objecting to the proposal on the grounds (inter alia) of commitments made in the

past, that permission should be given for an alternative site, the openness of the

designated strategic gap and the proximity to the Site of Special Scientific Interest

SSSI).

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

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

the former Marchwood Incinerator and adjacent Household Waste Recycling

Centre (HWRC) involving the demolition of the former incinerator building,

construction of a new waste transfer station and ancillary infrastructure and the

redevelopment and enlargement of the HWRC.

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

identified at the meeting on 14 March 2007; (waste management need, traffic,

strategic gap and visual impact) had all been addressed. The Chief Planning

Adviser commented on the increased demand for waste management facilities, that

it was the current waste needs and not those in the past which were relevant, that

Natural England had been consulted with regard to the SSSI and had no objection

and that the Strategic Gap was designated after the original incinerator was built.

He also confirmed that the land had already had permanent consents for

development and therefore would be viewed as `brown field' in policy terms. This

would make it difficult to resist planning applications in the future, subject to

meeting strategic gap policy requirements.

The Committee considered that Condition (18) relating to submission of a

landscaping plan within 12 months of the development commencing should be

amended to requiring details to be submitted prior to work commencing.

Members considered that Hampshire County Council's consent as the land owner

was not a planning issue and should be raised separately with Hampshire County

Council's Director of Property, Business and Regulatory Services.

RESOLVED:

(i) That planning permission in respect of the redevelopment of existing site to

provide a replacement Waste Transfer Station and Household Waste Recycling

Centre, demolition of former incinerator building and two redundant buildings and

temporary extension of time for retention of existing Waste Transfer Station (until

redevelopment commences) at Bury Road/Normandy Way, Marchwood

(Application No. 07/89251) be granted for the reason set out in the report and

subject to the conditions specified in Appendix 1 to the report and the amendment

to Condition (18) as detailed above.

(ii) That Property, Business and Regulatory Services confirm whether as

landowner they are willing for the land to be used for this purpose.

99. ASHFIELD TYRE DEPOT, ASHFIELD SAWMILL, ROMSEY

Councillor M. G. Cooper declared a personal interest as living locally to the site.

Councillor R. J. Perry also attended the meeting and spoke as Local Member on

behalf of local residents and the Romsey Extra Parish Council who objected to the

site on the grounds of (inter alia) health issues, potential fire risk, smell and noise

impacts, unsightly and unsuitable iron fencing. He also expressed concerns about

the delay in taking action and urged Members to consider an acceptable strategy to

resolve the issue.

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

Minute Book) concerning enforcement action to secure the removal of those tyres

that do not benefit from the terms of the planning permission (No. TVS. 03913/2)

for storage at the former Ashfield Sawmill, unless an acceptable strategy for tyre

removal and a planning application for tyre processing are submitted by 13 April

2007 and 23 May 2007 respectively.

In considering the recommendation, Members considered that it needed to reflect a

more positive instruction on enforcement action and agreed that it should be

strengthened by amending the wording.

RESOLVED:

That the Director of Environment, in consultation with the Chief Executive, will

take enforcement action to secure the removal of those tyres that do not benefit

from the terms of the planning permission (No. TVS. 03913/2) for storage at the

former Ashfield Sawmill, unless an acceptable strategy for tyre removal and a

planning application for tyre recycling are submitted by 13 April 2007 and

23 May 2007 respectively.

100. FORMER ROMSEY INFANT SCHOOL, PLAZA PARADE, ROMSEY -

PROVISION OF FIVE TEMPORARY CLASSROOMS IN THREE UNITS

FOR A TEMPORARY PERIOD (DURING BUILDING WORKS AT

ROMSEY PRIMARY SCHOOL, MERCER WAY, ROMSEY)

(APPLICATION NO. 07/00198/HCC3S)

(COUNTY COUNCIL REF. TVE033)

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

Minute Book) on an application for planning permission for the provision of three

temporary buildings (a total of five classrooms) on the former Romsey Infant

School site, Plaza Parade, Romsey whilst building works are being carried out at

the Romsey Primary School off Mercer Way, Romsey for which planning

permission was granted in March 2007 by the Regulatory Committee.

Councillor M. G. Cooper declared a personal interest as a Member of Romsey

Town Council, but stated that he had not participated in any discussion by that

Council in relation to the matter.

In considering the application, the Committee noted that Romsey Town Council

was objecting to the proposal on the grounds (inter alia) of access and extreme

road safety problems with traffic entering and leaving the site in Winchester Road.

Members noted and agreed that these concerns could be dealt with by a School

Travel Plan.

RESOLVED:

That a temporary planning consent be granted for the reason set out in the report

and subject to conditions set out in Appendix 1 to the report.

101. APPLICATION FOR A PUBLIC PATH DIVERSION ORDER FOR

FOOTPATH NOS. 17 AND 18 IN THE PARISH OF EAST WOODHAY

The Committee considered a report of the Director of Recreation and Heritage (Item 10 in the Minute Book) on an application for a Public Path Diversion Order for part of Footpath Nos 17 and 18 in the Paris of East Woodhay.

RESOLVED:

That an Order be made for the diversion of section A-B of Footpath No. 18 and section B-C of Footpath No. 17, both in the Parish of East Woodhay, from the current definitive alignment to a revised route running from a new kissing gate at Point A as shown on the plan attached to the report, through a second kissing gate at Point E, across the driveway to Point F and then along a paved farmyard access track to rejoin the rights of way network at Point D.