Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 23 May 2007.

PRESENT:

Chairman:

p Councillor P. A. Heath

Vice-Chairman:

p Councillor Mrs. P.M. Devereux

Councillors:

Also in attendance:

Councillors Mrs K Heron for Items 10, 11, 13 and 16 and Kemp-Gee for Item 12.

102. 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.

103. MINUTES

The Minutes of the Meeting held on 18 April 2007 were confirmed by the

Committee and signed by the Chairman.

Arising thereon:

Minute 99 - Ashfield Tyre Depot, Ashfield Sawmill, Romsey

The Chief Planning Adviser reported that a planning application for tyre processing

at Ashfield Tyre Depot had been received.

104. CHAIRMAN'S COMMUNICATION

There were no Chairman's communications.

105. PROPOSED ERECTION OF A BUILDING TO HOUSE A GAS INJECTION

BOOSTER COMPRESSOR UNIT; THE PROPOSED ERECTION OF A

GATEHOUSE; SWITCH-ROOM BUILDING; SITING OF ASSOCIATED

INFRASTRUCTURE IN WELL SITE A AND THE LAYING

UNDERGROUND OF 1.5 KILOMETRE LENGTH ELECTRICITY CABLE

FROM WELL SITE A, AT HUMBLY GROVE OIL FIELD, WESTERN

COMMON, THE AVENUE, LASHAM (APPLICATION NO. BDB/64542)

(HAZARDOUS SUBSTANCES CONSENT APPLICATION NO. BDB/64815)

(COUNTY COUNCIL REF. BA057)

Messrs David Lancaster (Pinsent Masons), Robert Fookes of Counsel and

Alan Bell made deputations in respect of this item.

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

Minute Book) on an application for planning permission for the proposals

at Well Site A at Humbly Grove Oil Field.

The Chief Planning Adviser reminded Members that the meeting of the

Regulatory Committee on 14 March 2007 approved his recommendation subject to

Counsel's advice on the implications of the wording of the original planning

permission granted in 2003.

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

about whether gas storage was permitted by the original planning permission had

been addressed

The Chief Planning Adviser commented that all applications as a matter of course

are screened for Environmental Impact Assessment (EIA) and he was satisfied

that the EIA regulations indicate that it is not an EIA development. There had been

noise issues on Well Site A associated with maintenance drilling under the main

permission for the oilfield and this had been the cause for complaint. Recent noise

study demonstrated the site was operating within limits imposed by this

permission. The `explosions' related to the gas safety valves being vented but this

problem had now been resolved. The applicant had provided an undertaking that

he would carry out monthly monitoring and confirmed that he would be happy to

reactivate the Liaison Panel to address any outstanding issues and review

procedures.

The Chief Executive advised that further written representations received from

Mr Fookes had been submitted to Counsel and Counsel's opinion had been

received. The advice given was that there was no legal impediment to proceeding

and although the advice was confidential Members had been advised that they

were welcome to inspect the advice.

No questions of clarification or facts were asked of the deputees.

In considering the application, the Committee considered that the main issue was

not the day to day operations, but how the exceptions were handled and that

arrangements should be made to monitor the noise and requested that

Condition (12) relating to a noise monitoring scheme and regular monitoring

of noise levels be strengthened. In this regard Officers were given delegated

authority to negotiate an appropriate noise scheme with Basingstoke and Deane

Borough Council.

RESOLVED:

That the planning permission in respect of the proposed erection of a building to

house a gas injection booster compressor unit; the proposed erection of a

gatehouse; switch room building; sitting of associated infrastructure in Well Site A

and the laying underground of 1.5 kilometre length electricity cable from Well Site

C to Well Site A, at Humbly Grove Oil Field, Western Common, The Avenue,

Lasham (BDB/64542) be issued in accordance with the Committee resolution of

14 March 2007 subject to the amendment to Condition (12) as detailed above.

106. DEVELOPMENT OF A HOUSEHOLD WASTE RECYCLING CENTRE

(HWRC) AT PLOT 81, SCOTT CLOSE, WALWORTH INDUSTRIAL

ESTATE, ANDOVER (APPLICATION NO. 07/0015/HCC3N)

(COUNTY COUNCIL REF. TV234)

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

Minute Book) on an application for planning permission to construct a Household

Waste Recycling Centre (HWRC) at Plot 81, Scott Close, Walworth Industrial

Estate, Andover.

In considering the application, Members noted issues of noise, design and

landscaping. The Chief Planning Adviser reported that Test Valley Borough

Council had raised a problem with fencing and landscaping and details about these

would be subject to discussion with Officers at the Borough Council.

RESOLVED:

That planning permission for development of a Household Waste Recycling

Centre at Plot 81, Scott Close, Walworth Industrial Estate, Andover

(Application No. 07/0015/HCC3N) (County Council Ref TV234) be granted for

the reason set out in the report, subject to the conditions specified in Appendix 1

to the report and subject to discussions with Test Valley Borough Council

regarding fencing details.

107. DEVELOPMENT AND OPERATION OF A FACILITY FOR THE

PRODUCTION OF A RECYCLED AGGREGATES AND OTHER

RECYCLED MATERIALS AT FOUR DELL FARM, POLES LANE,

OTTERBOURNE (APPLICATION NO. 07/00638/HCS)

(COUNTY COUNCIL REF. WR205)

This item was withdrawn.

108. PART RETROSPECTIVE EXTENSION OF CONCRETE COMPOUND

(TO MITIGATE AGAINST LOSS OF APPROVED COMPOUND DUE TO

ENVIRONMENTAL BUFFER ZONE) CONSTRUCTION OF FIRE

ACCESS AND WORKING AREA (INCLUDING RESERVOIR)

RELOCATION OF SCREEN PLANTING AND CONSTRUCTION OF

OPAQUE NETTING EXTENSIONTO FENCING AT SILVERLAKE

GARAGE, ROW ASH, BOTLEY ROAD, SHEDFIELD (APPLICATION

NO. 07/00714/HCS-W0576/12) (COUNTY COUNCIL REF. WR200)

This item was withdrawn.

109. APPLICATION OF S.67 (3)(a) NATURAL ENVIRONMENT AND RURAL

COMMUNITIES ACT 2006 TO CLAIMS FOR BYWAYS OPEN TO ALL

TRAFFIC

Councillor S. C. James declared a prejudicial interest as living within 10 metres of

a Byway Open To All Traffic and subsequently left the meeting. Councillor

Carol Boulton declared a personal interest as a representative of the British

Riding Schools' Association.

Mr Plumbe made a deputation in respect of this item.

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

(Item 10 in the Minute Book) on an application of s. 67 (3)(a) Natural

Environment and Rural Communities Act 2006 to claims for Byways Open To

All Traffic.

The Committee suspended Standing Order 21 to allow Members to allow

questions on matters of fact and clarification to be put to the deputee.

The Director of Recreation and Heritage advised that further dialogue between the

Green Lanes Protection Group (GPLG) and the Department of Food and Rural

Affairs (DEFRA) had resulted in DEFRA further considering the points made by

GPLG and stating its view that it is not necessary for the application to include

copies of all, or any documents relied on before it is compliant with paragraph 1

of Schedule 14.

In considering the report, the Committee considered that it needed to know

whether the National Ramblers' Association supported DEFRA or GPLG and

requested that Officers seek a positive statement in writing from the National

Group together with obtaining any further advice on the matter to be issued by

DEFRA.

RESOLVED:

That the item be deferred to allow Officers time to seek further information to

clarify the issues above and report back to the Committee meeting on 27 June

2007.

110. APPLICATION FOR A DEFINITIVE MAP MODIFICATION ORDER TO

UPGRADE TO A BYWAY OPEN TO ALL TRAFFIC FOOTPATH 9 IN

THE PARISH OF BRAMSHAW

This item was deferred.

111. APPLICATION FOR A DEFINITIVE MAP MODIFICATION ORDER

FOR THE ADDITION TO THE DEFINITIVE MAP OF A BYWAY OPEN

TO ALL TRAFFIC ACROSS CADNAM COMMON IN THE PARISH OF

COPYTHORNE

This item was deferred.

112. APPLICATION FOR A MAP MODIFICATION ORDER FOR THE

ADDITION TO THE DEFINITIVE MAP OF A BYWAY OPEN TO ALL

TRAFFIC BETWEEN EGBURY AND DUNLEY IN THE PARISHES OF

ST MARY BOURNE AND LITCHFIELD AND WOODCOTT AND

APPLICATION FOR A MAP MODIFICATION ORDER TO UPGRADE

TO A BYWAY OPEN TO ALL TRAFFIC FOOTPATH 13 IN THE PARISH

OF LITCHFIELD AND WOODCOTT

This item was deferred.

113. APPLICATION FOR A MAP MODIFICATION ORDER FOR THE

ADDITION TO THE DEFINITIVE MAP OF A BYWAY OPEN TO ALL

TRAFFIC NEAR IBWORTH IN THE PARISH OF HANNINGTON

This item was deferred.

114. APPLICATION FOR A MAP MODIFICATION ORDER TO ADD A

BYWAY OPEN TO ALL TRAFFIC ALONG MOUNTER'S LANE IN THE

TOWN OF ALTON AND THE PARISH OF CHAWTON.

This item was deferred.

115. APPLICATION FOR A DEFINITIVE MAP MODIFICATION ORDER TO

RECORD DAMERHAM FOOTPATH 20 AND ROCKBOURNE

FOOTPATH 31 AS A BYWAY OPEN TO ALL TRAFFIC

This item was deferred.

116. PROPOSAL TO RECORD A BYWAY OPEN TO ALL TRAFFIC IN THE

PARISHES OF PENTON GRAFTON, MONXTON AND AMPORT

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

(Item 17 in the Minute Book) on a proposal to record a Byway Open To All

Traffic in the Parishes of Penton Grafton, Monxton and Amport.

RESOLVED:

That an Order be made to add a Byway Open To All Traffic to the definitive map

between points A and B on the plan attached to the report.