Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 27 June 2007.

PRESENT:

Chairman:

p Councillor P. A. Heath

Vice-Chairman:

a Councillor I. F. E. Beagley

Councillors:

Also in attendance:

Councillors Felicity Hindson for Item 6 and Mrs K. Heron for Items 9, 11 and 14.

COUNCILLOR J. V. BRYANT IN THE CHAIR

117. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Carol Boulton,

D. Gillett, A. S. Carew who is attending a Primary Care Trust workshop and

I. F. E Beagley and Roger Price, JP who are recovering from their recent

operations.

118. 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.

119. MINUTES

The Minutes of the Meeting held on 23 May 2007 were confirmed by the

Committee and signed by the Chairman.

120. CHAIRMAN'S COMMUNICATION

The Chief Planning Adviser advised Members that a planning application for

Ashfield Tyre Depot had been received and it was intended to make a visit to a

reference site arrangement to see tyre processing. As this could be in the north of

England nominations were required for 3/4 Members to attend. It is hoped to visit

the site in July and details will be circulated to Members and Councillor R. J.

Perry as Local Member. Members noted that the Borough Council would shortly

be considering the Ashfield Tyre Depot application.

121. 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 EXTENSION TO FENCING AT SILVERLAKE

GARAGE, ROW ASH, BOTLEY ROAD, SHEDFIELD (APPLICATION

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

Messrs John Clark on behalf of Shedfield Society, Chris Drake representing the

residents of Lake Road and Roger Huxstep, Ward Member for Shedfield and

representing the residents of Row Ash House and Botley Road made deputations

in respect of this item.

A copy of representations from Jenny Barker was circulated to Members of the

Committee enclosing additional facts that she wished to be made available in

relation to the Committee's consideration of the item.

Councillor Felicity Hindson also attended the meeting and spoke as Local Member

supporting the proposals subject to steps being taken to ensure that the situation is

monitored. She welcomed the opportunity to establish a Liaison Panel to monitor

the replacement planting.

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

Minute Book) on an application for a partially retrospective extension to an

existing concrete compound, construction of a fire access and working area

(including reservoir), relocation of screen planting and construction of an opaque

netting extension to proposed fencing at Silverlake Garage, Row Ash, Botley

Road, Shedfield.

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

In considering the application, the Committee noted issues about the proposed

development being a departure from the Development Plan but recognised the

need for this type of development, visual impact in terms of netting versus planting

of leylandii as part of the screening. Members noted that the amenity impact of the

construction phase of the amenity impact would be short term and issues with

lighting could be addressed by conditions and security issues would be addressed

by the installation of a fence around the site. Although traffic had been raised as an

issue it was predicted that there would be no significant increase as the same

number of low loader vehicles used to transport cars would be used but be fully

loaded. The Committee considered that a Liaison Panel involving Hampshire

County Councillors, Parish Councillors, Officers, residents and the applicant

should be convened as soon as conveniently possible to discuss details about

planting and security.

The Chief Planning Adviser confirmed that monitoring particularly of the planting

would be part of a longer term management plan which the conditions would

cover. The short term stacking to 3 vehicles high at the back of the site would be

covered by camouflage screening or planting which would increase to 4 high once

the plant screen was established.

In response to a Member question about Condition (10) on landscaping for 5

years, the Chief Planning Adviser advised that he had sought legal advice on this

point. The advice given was that under section 72 (1) of the Town and Country

Planning Act conditions could be imposed on the grant of planning permission for

regulating the development or use of the land under the control of the applicant

whether or not it is land in respect of which the application was made or requiring

the carrying out of works on any such land so far as appears to the Local Planning

Authority to be expedient for the purposes of or in connection with the

development authorised by the permission. The conditions need to fulfil some

planning purpose and should fairly and reasonably relate to the permitted

development and be enforceable. A condition requiring the planting and

maintenance of screen planting meets this criteria as the planting is to mitigate the

visual impact of the permitted development. Members considered that there should

be a 10-15 year maintenance plan.

There was a proposal to defer consideration of the item to allow detailed

examination of the screening to be presented, which was proposed, seconded and

defeated after a vote.

Members subsequent to a vote on an amendment required that Condition (5)

relating to the height of stacked vehicles should be altered to limit stacking of

vehicles to three high. The Chief Planning Adviser advised that the reason would

be amended accordingly. Members considered that Condition (6) should stipulate

that the fencing should be painted in a dark colour so that the galvanised fence is

less intrusive and the Chief Planning Adviser agreed to amend accordingly.

RESOLVED:

That planning permission for the part retrospective extension of concrete

compound (to mitigate against loss of approved compound area due to

environmental buffer zone) construction of fire access and working area (including

reservoir), relocation of screen planting and construction of opaque netting

extension to fencing at Silverlake Garage, Row Ash, Botley Road, Shedfield

(Application No. 07/00714/HCS-WO5767/12) (County Council Ref: WR200) be

granted subject to the conditions set out in Appendix 1 to the report, the

amendment to Condition (5) as detailed above, the amendment to Condition (10)

requiring a 10-15 year maintenance plan and the establishment of a Liaison Panel

to ensure monitor the development and operation of the site.

COUNCILLOR P. A. HEATH IN THE CHAIR

122. MICHELMERSH BRICKWORKS, HILL VIEW ROAD, ROMSEY -

EXTENSION OF CLAY WORKINGS (APPLICATION NO.

07/00750/CMAS) (COUNTY COUNCIL REF. TV111)

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

Borough Council Executive which had objected to the application on minor issues.

Mr Stephen Bowley, Planning Consultant made a deputation in respect of this

item.

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

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

Workings at Michelmersh Brickworks into adjacent land identified as Preferred 9

in the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan

(HPSMWLP) and to extend slightly beyond Preferred Area 9 to the north to reflect

an existing field boundary which is slightly different from that boundary shown in

the HPSMWLP.

No questions of clarification of facts were asked of the deputee.

In considering the application, the Committee noted issues about the development

being a departure from the Development Plan but recognised the need for this type

of development, noise in terms of amenity, the landscape impact in relation to the

Michelmersh Conservation Area and highway, ecological and archaeological

issues.

RESOLVED:

That planning permission in respect of the extension to the Clay Workings at

Michelmersh Brickworks, Hill View Road, Michelmersh, Romsey (Application

No. 07/00750/CMAS) be granted for the reason set out in the report and subject to

conditions set out in Appendix 1 to the report.

123. 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 and left the meeting during

consideration of this item.

Councillor Mrs K. Heron also attended the meeting and sought clarification on

paragraph 6.3 of the report relating to applications that do not include copies of all

documents. She indicated that in connection with Item 14 in relation to

Rockbourne Footpath 31 would be used immediately by motor vehicles and that

making a Traffic Regulation Order as soon as possible was imperative.

The Committee considered a report of the Chief Executive and Director of

Recreation and Heritage (Item 8 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 Chief Executive reminded Members that this item had been deferred from the

last meeting for clarification. She reported receipt of emails from Mr Plumbe, of

the Green Lanes Protection Group (GLPG), a deputee at the last meeting and

a letter from the Ramblers' Association whose position had required clarification.

The Association had indicated that it was a founder member of the GLPG and

confirmed its full support of the GLPG's general objective. No further information

had been issued to surveying authorities by the Department for Environment Food

and Rural Affairs (DEFRA).

The Director of Recreation and Heritage advised that there were approximately

190 outstanding applications and a consistent approach whether `all', `none' or

`some' documents should be sought. Members noted that when an application was

non compliant with Schedule 14 the applicant had no rights of appeal under

paragraphs 3 and 4 of that Schedule.

In response to a Member question about the mechanism for expediting Traffic

Regulation Orders, the Director of Recreation and Heritage advised that five of the

routes in question had no significant use by motor vehicles but one was on the

urban fringe.

RESOLVED:

That the points made by Counsel and the response of DEFRA in considering the

applications for Byway Open To All Traffic as set out at Items 9, 10, 11, 12, 13

and 14 on the agenda for this meeting be noted and weight given to the points

made by the officers in favour of the approach taken by DEFRA.

124. APPLICATION FOR A DEFINITIVE MAP MODIFICATION ORDER TO

UPGRADE TO A BYWAY OPEN TO ALL TRAFFIC FOOTPATH 9 IN

THE PARISH OF BRAMSHAW

Councillor S. C. James declared a prejudicial interest and left the meeting during

consideration of this item.

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

(Item 9 in the Minute Book) on an application for a Definitive Map Modification

Order to upgrade Footpath 9 in the Parish of Bramshaw to a Byway Open To All

Traffic.

RESOLVED:

That the application be accepted and that an Order be made to upgrade Footpath 9

in the Parish of Bramshaw to a Byway Open To All Traffic.

125. 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.

Councillor S. C. James declared a prejudicial interest and left the meeting during

consideration of this item.

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

(Item 10 in the Minute Book) on an 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.

RESOLVED:

(a) That no Order be made in respect of the application to add a Byway Open To

All Traffic along section A-B, as set out in Appendix 1 to the report on Mounter's

Lane, Chawton.

(b) That the application for a Map Modification Order to add a Byway Open To All

Traffic along section B-C-D, as set out in Appendix 1 to the report on Mounter's

Lane, Alton/Chawton, be accepted.

(c) That the route shown on Appendix 1 to the report as B-C-D be recorded in the

definitive statement with a minimum width of 4 metres and a maximum width of

7.5 metres, according to the historic boundaries of the route.

126. 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

Councillor S. C. James declared a prejudicial interest and left the meeting during

consideration of this item.

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

(Item 11 in the Minute Book) on an 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.

RESOLVED:

That the claim be accepted to the extent that an Order be made to add to the

Definitive Map a Byway Open To All Traffic between points A-B-F on the map

attached to the report and a Restricted Byway between points F-D. Further that an

Order be made to add a Restricted Byway to the Definitive Map between points

B-E all routes having a width of 3 metres and being public highways that are

reasonably alleged to subsist.

127. 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

Councillor S. C. James declared a prejudicial interest and left the meeting during

consideration of 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 Byway Open To All Traffic between

Egbury and Dunley in the Parishes of St Mary Bourne and Litchfield and Woodcott

and an application for a Map Modification Order to upgrade to a Byway Open To

All Traffic Footpath 13 in the Parish of Litchfield and Woodcott.

RESOLVED:

(a) That an Order be made to record the route A-B-C, as shown on the map

attached to the report, as a Byway Open To All Traffic with a width varying

between three and seven metres.

(b) That an Order be made to upgrade the route C-D, as shown on the map attached

to the report, to a Byway Open To All Traffic with a width varying between five

and twelve metres.

128. 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

Councillor S. C. James declared a prejudicial interest and left the meeting during

consideration of this item.

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

(Item 13 in the Minute Book) on an application to the Definitive Map of a Byway

Open To All Traffic near Ibworth in the Parish of Hannington.

RESOLVED:

That a Map Modification Order be made to record the route A-B, as shown on the

map attached to the report, as a Byway Open To All Traffic with a width varying

between three and ten metres.

129. APPLICATION FOR A DEFINITIVE MAP MODIFICATION ORDER TO

RECORD DAMERHAM FOOTPATH 20 AND ROCKBOURNE

FOOTPATH 31 AS A BYWAY OPEN TO ALL TRAFFIC

Councillor S. C. James declared a prejudicial interest and left the meeting during

consideration of this item.

A copy of comments from Councillor Alan Rice, TD were 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.

The Director of Recreation and Heritage reminded Members about Councillor Mrs

K. Heron's request for a Traffic Regulation Order to be made as soon as possible

for this route.

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

an application for a Definitive Map Modification Order to record Damerham

Footpath 20 and Rockbourne Footpath 31 as a Byway Open To All Traffic.

RESOLVED:

(a) That a Definitive Map Modification Order be made to record a Byway Open To

All Traffic from A-F, at a width of 9.14 metres, as shown on the map attached to

the report.

(b) That a Definitive Map Modification Order be made to record a restricted Byway

from F-E, at a maximum width of 3.04 metres and a minimum width of 2.44

metres, as shown on the map attached to the report.

(c) That a Definitive Map Modification Order be made to record a Restricted

Byway from C-D, at a width of 2.44 metres, as shown on the map attached to the

report.