Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 5 September 2007.

PRESENT:

Chairman:

p Councillor P. A. Heath

Vice-Chairman:

p Councillor I. F. E. Beagley

Councillors:

Also in attendance:

Councillor Charlotte Bailey for Item 6.

145. APOLOGIES FOR ABSENCE

No apologies for absence were received.

146. DECLARATIONS OF INTEREST

All Members who believe they have a personal or prejudicial interest in any matter

to be considered at the meeting must declare that 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 is

discussed, save for exercising any right to speak in accordance with paragraph 12

of the Code. The declaration should be made at the time of the relevant debate.

147. MINUTES

The Minutes of the Meeting held on 25 July 2007 were confirmed by the

Committee and signed by the Chairman.

Arising thereon:

Minute 137 - Yokesford Hill Industrial Estate, Yokesford Hill, Belbins, Romsey

The Chief Planning Adviser reported that a meeting of the Yokesford Hill Liaison

Panel would be convened as soon as possible.

148. CHAIRMAN'S COMMUNICATIONS

(a) Ashfield Tyre Depot, Former Ashfield Sawmill, Romsey

The Chairman reported that a request that had been received, albeit at a late stage

from the applicant's agent to defer Ashfield Tyre Depot due to a need to clarify

figures on the number of tyres involved in the operation. Whilst it is not usual

practice to agree a deferral at such a late stage it was agreed in this instance as it is

essential that Members have all the necessary information and accurate figures to

ensure a properly informed decision. Following clarification the application will

be considered by the Committee meeting on 17 October 2007.

(b) Managing Deputations

The Chairman reported that at the April meeting, the Committee agreed to pilot a

scheme where relevant questions could be posed to deputees on the basis of a trial

for four meetings after which the Working Group would review the outcome. This

is the fourth meeting and subject to whatever might happen today, it was only at

the last meeting that questions were posed. Subject to any views that Members

might have it is proposed that the pilot be extended for two more meetings so that

there is a better idea about how the system works before deciding if the

arrangement should be continued and, if so, whether the suspension of Standing

Order 21 is the most effective long-term solution.

It was agreed that the pilot scheme be extended to a further two meetings.

(c) Members Tour

The Regulatory Committee holds an annual tour to visit sites where Members have

considered applications. The suggested itinerary for the tour this year is:

· Rookery Farm - Construction waste recycling and secondary aggregates.

· West Meon School - Extension.

· Alton Materials Recycling Facility and Waste Transfer Station.

· Weston Common, Lasham - Humbly Grove Oilfield.

The tour will take place on Friday 12 October 2007.

(d) Members Training

Members training in planning law, procedure and policy is a key element of the

local Committee protocol. Training is delivered in the form of in-house events for

the Committee as a whole and coaching at the request of individual Councillors.

Every couple of years there is also an event managed by Trevor Roberts

Associates who are acknowledged providers of training for both Council staff and

members.

In discussion with officers, as there are a number of newish members and the

Committee is still trialling the new deputations procedures, it is time for a session

with Trevor Roberts covering, amongst other things, issues of probity, code of

conduct and personal and prejudicial interests. It would also provide the

opportunity to look at how special interests eg ecology, heritage etc are dealt with

and give members an opportunity of meeting those responsible for providing the

advice and explore how best to receive that advice before and during a Committee

meeting.

The Members training will be held on Thursday 15 November 2007.

149. DEVELOPMENT AND OPERATION OF FACILITY FOR THE

PRODUCTION OF RECYCLED AGGREGATES AND OTHER

RECYCLED MATERIALS AT FOUR DELL FARM, POLES LANE,

OTTERBOURNE (APPLICATION NO. 07/01762/HCS W13437/11)

(COUNTY COUNCIL REF. WR205)

Mr Stuart Lindsay, Adam Blake - Managing Director of A. J. Blake Limited,

Stuart Austin of White Young Green Environmental, David Jobson - neighbour of

Four Dell Farm, Stephen Bowden of Dutton Gregory Solicitors on behalf of

Compton and Silkstead Association, Dick Oldham - Parish Councillor from

Otterbourne and John Bowley representing the residents of Poles Lane,

Otterbourne made deputations in respect of this item.

A copy of representations from Mr Paul Murray and David Jobson 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. David

Jobson also circulated to Members colour copies of aerial views of the site taken in

1999 and 2007.

Councillor Charlotte Bailey also attended the meeting and spoke as Local Member

and also on behalf of Mark Oaten MP, Ward Councillor Eleanor Bell, Ward

Councillor George Beckett, all three Parish Councils, Otterbourne School and 350

local residents objecting to the proposals on the grounds of (inter alia) maintaining

the essentially rural landscape, the need for an Environmental Impact Assessment,

potential threat to water quality, accumulated noise, damage to road surfaces, the

number of Heavy Goods Vehicles (HGVs) movements and the noise, wind and

dust from HGVs making walking and cycling unpleasant.

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

Minute Book) on an application for the development and operation of a facility for

the production of recycled aggregates and other recycled materials at Four Dell

Farm, Poles Lane, Otterbourne. Coloured plans indicating the proposed site layout

and agricultural uses were circulated to Members.

Standing Order 21 was suspended to allow questions of clarification of facts to be

asked of the deputees.

In considering the application, the Committee noted issues of land use, noise and

dust, visual impact and lorry traffic. Members noted that the development

accorded with the Development Framework, that the Environmental Health

Officer had visited the site and raised no objections, that dust could be controllable

by a condition, that the site was not visible apart from at Shepherds Lane and that

a four metre screening bund would be constructed. Further, that no objections had

been raised by the Highways Authority on the grounds of safety or capacity and

that the impact was mostly on the village of Otterbourne in terms of amenity and

disturbance. Members noted that there would be an additional 36 lorry movements

per day, a small increase in terms of the overall carrying capacity of the roads in

the area, albeit a higher increase in terms of lorries.

In response to a Member question about the application for storage of waste

arising from small highway maintenance projects at Four Dell Industrial Park,

Poles Lane, Otterbourne being deferred to the Committee meeting on 17 October

2007, the Chief Executive advised that the two applications are discrete, falling to

be determined individually on their respective planning merits. This application

should not be judged on what might or might not happen as regards that other

planning application.

In response to Members concerns about the number of traffic movements, the

Chief Planning Adviser reported that roads have theoretical carrying capacities. In

this case Poles Lane and Winchester Road, Otterbourne were originally part of a

trunk road network and were designed to carry traffic loads far heavier than those

being experienced currently. Members noted that a traffic survey had recently been

carried out as part of a Transport Assessment.

Members noted that the development was not so significant that it requires an

Environmental Impact Assessment (EIA). The site had been considered against the

criteria but it was not a Schedule 1 development which was mandatory and

Schedule 2 was discretionary for sites 0.5 hectares and above. This site was just

over 0.5 hectares. It was not, in terms of the Regulations within a sensitive area,

for example a Site of Special Scientific Interest (SSSI), European Site, National

Park or Area of Outstanding Natural Beauty (ANOB). Environmental Assessment

in relation to the regulations was 50,000 tons of waste a year over more than

10 hectares which this site was not and neither would it deal with non inert waste

and therefore an EIA was not required.

In response to a Member's concerns about the width of the pavements, it was

agreed that the Executive Member for Environment should be advised to examine

the condition of Poles Lane and Main Road, Otterbourne in relation to traffic use

and the path network.

In response to a Member question about Condition (7) hours of working, the Chief

Planning Adviser advised that this should read 7am - 1pm on Saturdays and he

would amend the condition accordingly.

Members considered that Condition (2) on Highways should be amended to refer

to materials being carried by any vehicle not just Heavy Goods Vehicles (HGVs)

and that Conditions (2), (8) and (9) should be strengthened so that records are

produced to the Enforcement Officer on demand. Also that an additional condition

relating to the sheeting of lorries to protect the contents should be added.

There was a proposal that the application be refused which was proposed,

seconded and defeated after the Chairman had exercised his casting vote

to defeat the motion. The officer's recommendation was then put and approved

by a majority. Councillor Carew wished it to be recorded that he had abstained

from voting due to arriving after the item had started.

RESOLVED:

That planning permission for the development and operation of facility for the

production of recycled aggregates and other recycled materials at Four Dell Farm,

Poles Lane, Otterbourne (Application No. 07/01762/HCS) (County Council Ref.

WR205) be granted for the reason set out in the report, subject to conditions set

out in Appendix 1 to the report, the amendments to Condition (2) and Condition

(7) as detailed above, Conditions (2), (8) and (9) being strengthened and an

additional condition relating to the sheeting of lorries. The Executive Member for

Environment to be advised to examine the condition of Poles Lane and Main

Road, Otterbourne in relation to footpath and traffic use.

150. TYRE RECYCLING STORAGE FACILITY FOR THE STORAGE,

MECHANICAL SHREDDING, GRANULATING AND BAILING OF

TYRES AND STORAGE OF RECYCLED TYRE PRODUCT,

COMPRISING THE CONSTRUCTION OF A NEW BUILDING,

HARDSTANDING, WEIGHBRIDGE, LIGHTING, OPEN STORAGE

BAYS, SELF BUNDED DIESEL STORAGE TANK, THE USE OF MOBILE

PLANT AND RESTROSPECTIVE PERMISSION FOR THE RETENTION

OF EXISTING PORTABLE OFFICE ACCOMMODATION, FENCING,

PORTABLE TOILET AND EFFLUENT TANK AND EARTH BUND AT

ASHFIELD TYRE DEPOT, FORMER ASHFIELD SAWMILL, ROMSEY

(APPLICATION NO. 07/01543/CMAS) (COUNTY COUNCIL REF. TV228)

This item was deferred.

The Committee was advised that the planning application had been deferred at the

request of the applicant's agent. The reason for this is that at a late stage it became

apparent that there was a need for clarification of figures provided in the

application for the number of tyres processes and stored. It is expected that

following this clarification the application will be discussed at the Regulatory

Committee meeting on 17 October 2007.

COUNCILLOR I.F.E. BEAGLEY IN THE CHAIR

AND COUNCILLOR J.V.BRYANT AS ACTING VICE-CHAIRMAN

151. CHANGE OF USE FROM A WASTE RECYCLING CENTRE TO THE

STORAGE OF WOODCHIP AND MIXED PELLETED PAPER AND

PLASTIC AT NEW FARM. SOUTH WARNBOROUGH, HOOK

(APPLICATION NO. 07/1565/CMA) (COUNTY COUNCIL REF. HR094)

Messrs Richard Porter, applicant and Adrian Lynham, Associate of White Young

Green Environmental made deputations in respect of this item.

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

Minute book) on an application for planning permission for a change of use from

a waste recycling centre to the storage of woodchip, mixed pelleted paper and

plastic at New Farm, South Warnborough.

Standing Order 21 was suspended to allow questions of clarification of facts to be

asked of the deputees.

In considering the application, Members noted it is a part retrospective application

and that there are issues of amenity, traffic and planning status. No representations

had been received but South Warnborough Parish Council had objected on the

grounds of the retrospective application, fire risk and delivery hours. The Parish

Council prefers that the site is returned to agricultural use once the current five

year recycling consent expires in 2008. The site is well screened with a low level

of traffic on the access road.

Members considered that there should be an additional condition limiting the

number of lorry movements to 30 per day.

In response to a Member question about security and maintenance of the site, the

Chief Planning Adviser advised that he would include a condition dealing with

maintaining site security.

RESOLVED:

That planning permission for a change of use from a waste recycling centre to the

storage of woodchip and mixed pelleted paper and plastic at New Farm, South

Warnborough, Hook (Application No. 07/01565/CMA) (County Council

Ref.HR094) be granted for a temporary period subject to the conditions attached to

Appendix 1 of the report and additional conditions limiting the number of lorry

movements a day, the sheeting of lorries and amendments to Condition (12)

relating to maintenance of security and fencing and Condition (4) notification in

the case of an emergency to be by email and other means as well as in writing.

152. REPORT ON INSPECTOR'S DECISION FOLLOWING A PUBLIC

INQUIRY INTO A MAP MODIFICATION ORDER TO DELETE

BAUGHURST FOOTPATH 10

A copy of representations from Mr Chapman 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 Committee considered a report of the Director of Recreation and Heritage

(Item 9 in the Minute Book) on an Inspector's decision following a public inquiry

into a Map Modification Order to delete Baughurst Footpath 10 from the definitive

map.

Members noted that the Inspector had decided not to extinguish the path.

RESOLVED:

That the County Council does not initiate Judicial review procedures against the

Inspector's decision regarding Baughurst Footpath 10.