Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 17 October 2007.

PRESENT:

Chairman:

p Councillor R. C. McIntosh

Vice-Chairman:

p Councillor I. F. E. Beagley

Councillors:

Also in attendance:

Councillor Charlotte Bailey for Items 8 and 9 and Councillor Mrs P. West for Item 6.

153. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors D. Gillett, S. C. James and

Roger H. Price, JP.

154. 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.

155. MINUTES

The Minutes of the Meeting held on 5 September 2007 were confirmed by the

Committee and signed by the Chairman.

Arising thereon:

Minute 147 - Yokesford Hill Industrial Estate, Yokesford Hill, Belbins, Romsey

In response to a Member question the Chief Planning Adviser confirmed that he

was in the process of arranging a meeting of the Yokesford Hill Liaison Panel.

156. CHAIRMAN'S COMMUNICATIONS

(a) Members Training

The Chairman reminded Members that a training event for Members of the

Committee has been arranged for Thursday 15 November 2007 at The Guildhall,

Winchester. The day will be run by Trevor Roberts Associates who have been

engaged by the County Council previously for Member training on planning. This

event will be a refresher and an update on code of conduct relating to planning and

will also deal with some issues that Members have encountered in particular the

subjects of Listed Buildings, Archaeology and Biodiversity will be discussed in

the afternoon. Details will be sent out at the end of the month but in the meantime

Members were asked to reserve the date in their diaries.

(b) Roger Lawes

The Chairman reported that Roger Lawes, Head of Strategy and Information

would be retiring after 39 years of service to the Hampshire County Council and

was in attendance at the meeting. During his working life for the County Council

he has been involved in all the Structure Plans for Hampshire and many other

projects that have influenced development in the county and protected its heritage

and environment. On behalf of the Members he wished Roger a long and

prosperous retirement

The Chief Planning Adviser reported that Roger had been the stalwart of the

Planning Service which was now part of the Environment Department. He had

appreciated Roger's advice and steadfastness over the years and would miss him

professionally and personally.

157. PROPOSED CONCRETE RECYCLING SITE, TO RECYCLE CONCRETE

WASTE INTO A SECONDARY AGGREGATE - C.A. STEVENS

TRANSPORT, OLD STOCKBRIDGE ROAD, GRATELEY, NEAR

ANDOVER (APPLICATION NO. 07/02133/CMAN)

(COUNTY COUNCIL REF. TV237)

Councillor Tim Southern, District Council Ward Member for Test Valley and

Councillor David Shields, on behalf of Grateley Parish Council made deputations

in respect of this item.

Councillor Mrs P. West also attended the meeting and spoke as Local Member

objecting to the proposal on the grounds (inter alia) of impact on the village,

increased lorry movements and impact of noise, dust and safety.

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

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

concrete waste into a secondary aggregate at C. A. Stevens Transport at Old

Stockbridge Road, Grateley, Near Andover.

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 appropriate land use,

traffic, noise and dust. Members noted that the development accords with planning

policy as an employment land site, it acknowledged that the village of Grateley

suffers from lorry traffic but the access was satisfactory, the noise levels from the

would generate approximately 50-52 dB(A) to the nearest residential properties

and water sprays would be attached to the plant machinery to minimise the impact

of dust.

The Chief Planning Adviser pointed out that there was scope for utilising the site

more, the proposal was well within the increased capacity available for the site and

the roads are capable of carrying additional traffic movements.

Following a detailed discussion, Members expressed concerns about a number of

issues including the number of lorry movements, the sheeting and routeing of the

lorries, noise levels and the need for improved screening. They also noted the poor

standard of plan. Members agreed to defer consideration of the application to the

next meeting of the Committee on 28 November to allow detailed plans to be

produced and Officers time to discuss members' concerns with the applicant and

report back on the above issues.

RESOLVED:

That planning permission in respect of a concrete recycling site, to recycle

concrete waste into a secondary aggregate at C. A. Stevens Transport,

Old Stockbridge Road, Grateley, Near Andover (07/02133/CMAN) be deferred

to enable the Officers time to seek further information to clarify the issues above

and report back to Committee on 28 November 2007

158. TYRE RECYCLING FACILITY FOR THE STORAGE, MECHANICAL

SHREDDING, GRANULATING AND BAILING OF TYRES AND

STORAGE OF RECYCLING OF TYRE PRODUCT, COMPRISING THE

CONSTRUCTION OF A NEW BUILIDNG, HARDSTANDING,

WEIGHBRIDGE, LIGHTING, OPEN STORAGE BAYS, SELF BUNDED

DIESEL STORAGE TANK, THE USE OF MOBILE PLANT AND

RETROSPECTIVE 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)

Councillor M. G. Cooper declared a personal interest as living in the locality.

Councillor Caroline Nokes, District Council Ward Member for Test Valley

Romsey Extra, Councillor Ian Hibberd, District Council Ward Member for

Test Valley Romsey Extra, Councillor Teresa Hibberd, Chairman of Romsey Extra

Parish Council, Annie Nicolle, Andy Blaxland, Director of Adams Hendry

Consulting Limited and Mr John Muddiman made deputations in respect of this

item.

A copy of representations from Mr John Muddiman and James and Sarah Gay

were circulated to Members of the Committee enclosing additional facts that they

wished to make available in relation to the Committee's consideration of the item.

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

Minute Book) on an application for planning permission for a tyre recycling plant

and storage facility including retrospective permission for the retention of existing

portable office accommodation, fencing, portable toilet and effluent tank at

Ashfield Tyre Depot near Romsey subject to conditions and a Legal Agreement to

not implement the existing planning permission and control lorry routeing.

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

In discussion, Members considered issues of the planning status with the site,

traffic, landscape and visual impact. The Chief Planning Adviser advised that the

proposal was in accordance with the planning policy and would provide significant

improvement over the current position and control by processing the tyres in

phases over a number of years to clear the excess amount of tyres. A number of

objections had been received about the site being unauthorised, however the site is

authorised but in breach of its planning conditions. It was noted that the lorries

could be routed and a limit placed on the number of traffic movements, the site is

well screened from the road and although the fencing is obtrusive the proposal is

to paint the fence and plant shrubs on the inside of the fence. Members expressed

concern about possible fire risks and the Chief Planning Adviser advised that the

Fire Service had confirmed that there was a potential fire risk with the current

number of tyres on site.

The Chief Planning Adviser showed a short video of the Members site visit to the

Tyre Recycling Site in Corby, Northamptonshire. Representing the Committee

were Councillors I. F. E. Beagley, G. M. Hockley, R. J. Perry and Roger H. Price,

JP together with Councillor Teresa Hibberd, Chairman of Romsey Extra Parish

Council and Councillor Caroline Nokes District Council Ward Member for Test

Valley Romsey Extra. It was noted at the time that there was no significance dust,

odour or noise issues with the processing.

In response to a Member question about the risk of health issues with mosquitos,

the Chief Planning Adviser advised that the Environmental Health Officer had

been consulted and had raised no issue. It was noted that problems could occur

with water standing in tyres over a period of time and the application addressed

this issue by processing and removing the tyres from the site. However, no

spraying of tyres against mosquitoes would take place due to the close proximity

of the Site of Importance for Nature Conservation (SINC).

Members stressed the importance of nature conservation and using native species

of trees as a screen and the Chief Planning Officer agreed to amend Condition 5 so

that this native planting is used.

The Chief Planning Adviser confirmed that the encroachment on the SINC was

covered in the proposed phasing.

Members also stressed the need to ensure that each phase is completed before the

commencement of the next and felt that completion of each phase should be

agreed by the Waste Planning Authority and not the applicant. The Chief Planning

Adviser agreed to amend Condition 2 so that the Waste Planning Authority shall

agree in writing the completion of each phase.

Members agreed that there should be a Legal Agreement about lorry routeing and

ensuring that the existing Test Valley Borough Council planning permission

ceases to have effect.

RESOLVED:

(a) That planning permission for a 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 that retrospective permission for the retention of the

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)

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

amendments to Conditions 2 and 5 and a Legal Agreement.

(b) That professional advice be sought from Hampshire County Council's

Head of Ecology and Test Valley Borough Council's Environmental Health

Officer before agreeing to actions concerned with the treatment of the

mosquitoes.

THE COMMITTEE ADJOURNED AND WHEN IT RECONVENED

COUNCILLORS M. G. COOPER, S. REID AND J. K. WEST

WERE UNABLE TO BE PRESENT

159. USE OF LAND FOR STORAGE AND TRANSFER OF WASTE

MATERIALS ASSOCIATED WITH HIGHWAY MAINTENANCE

WORKS AND ANCILLARY STORAGE OF HIGHWAY MAINTENANCE

MATERIALS AT FOUR DELL INDUSTRIAL PARK, POLES LANE,

OTTERBOURNE (APPLICATION NO. 07/01815/HCS)

(COUNTY COUNCIL REF. WR210)

Mrs Kim O'Neil, Paul Murray, Stuart Lindsay, John Bowley on behalf of the

residents of Poles Lane, Howard Hutchinson of R&W Plant (Chantacre) Limited,

Stuart Austin of White Young Green Environmental, Councillor Eleanor Bell,

District Councillor for Compton and Otterbourne Ward and Parish Councillor for

Hursley, Wendy Doherty on behalf of the residents of Poles Lane, Jan Stillwell,

and Suzanne Hudson on behalf of Otterbourne Parish Council and residents of

Poles Lane made deputations in respect of this item.

Councillor Charlotte Bailey also attended and spoke as Local Member objecting to

the proposal on the grounds (inter alia) of the hours of working on Saturdays

which she considered should be amended to 0700 to 1400, the clarification of

Conditions 2 and 8 relating to the number of vehicles, the removal of `within a

period of 5 years' on Condition 10 relating to landscaping. She also considered

that the application was significant and would have an unacceptable impact and

disturbance on the village.

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

Minute book) on an application for planning permission for the storage and

transfer of waste materials at Four Dell Industrial Park, Poles Lane, Otterbourne.

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

asked of the deputees.

The Chief Planning Adviser circulated an amended plan which deleted the

reference to the ownership boundary, a copy of which would be appended to the

report in the Minute book.

In considering the application, Members considered issues of planning status,

visual impact, noise, dust, lorry traffic and highway capacity. In terms of planning

Members noted that the site had planning permission for business use with a

condition for no outside storage. It was noted that the noise from the site during

the day would be acceptable to neighbouring residential properties however, it was

the night time working which would cause some disturbance as background noise

levels dipped at night.

Councillor Mrs Dickens referred to an email which she had received from David

Jobson referring to photographs taken of the site and to an accident which had

occurred recently close to the location of the new access road.

Although Members accepted the need for such a commercial operation they

considered that it could be better located elsewhere given the close proximity of

the site to local residents, the night time working and the number of lorry

movements during a 24 hour period. The Chief Planning Adviser confirmed that

the lorry movements could be monitored.

RESOLVED:

That planning permission for use of land for storage and transfer of waste

materials associated with highway maintenance works and ancillary storage of

highway materials at Four Dell Industrial Park, Poles Lane, Otterbourne

(Application No. 07/01815/HCS) (County Council Ref. WR210) be refused on the

grounds of loss of amenity to the local residents associated with night time

working.

160. NEW SYNTHETIC TURF PITCH, WELDMESH FENCING,

FLOODLIGHTING AND ASSOCIATED LANDSCAPE WORKS AT

HENRY BEAUFORT SCHOOL, EAST WOODHAY ROAD, HARESTOCK,

WINCHESTER (APPLICATION NO. 07/02066/HCS W00871/018)

(COUNTY COUNCIL REF. WRE013)

Councillor J. V. Bryant declared a personal interest as Chairman of the

Management Committee at Henry Beaufort School.

Councillor Kelsie Learney, Winchester City Councillor, Mr Jonathan de

Sausmarez, Headteacher of Henry Beaufort School, Andrew Woodboard

representing Winchester Youth Football Club, Stuart Dunn, local resident,

Mr Turner, Planning Consultant and Mark Palmer on behalf of adjoining residents

in Buriton Road.

Councillor Charlotte Bailey also attended and spoke as Local Member supporting

the proposal for a new turf pitch for the school which would create opportunities

for pupils at the school to participate in sport. She advised that the school had

worked with local residents to alleviate concerns especially with the lighting.

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

Minute Book) on an application for planning permission for a new synthetic turf

pitch, weldmesh fencing, floodlighting and associated landscape works at Henry

Beaufort School, East Woodhay Road, Harestock, Winchester.

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

asked of the deputees.

A copy of the Lighting Report and Noise Assessment Report commissioned by

Paris Smith and Randall LLP Solicitors and carried out by Capita Symonds and

Vanguardia Consulting respectively was circulated to Members.

In considering the application, Members considered issues of visual intrusion with

the floodlighting, landscape planting and hours of use. It was noted that the

planting would take time to establish, the floodlights would be on strict timers

and the users of the pitch would be regulated by the Football Association's Code

of Conduct which teams have to follow in terms of language, noise and

disturbance.

Members noted that discussions had been held with the School about the issue of

relocating the pitch and alternatives had been considered, but the site identified

was in the best position.

Members agreed to suspend Standing Order 21 to allow Ian Beacham, the Project

Officer for Sport in Children's Services to speak. He confirmed that the site

identified was the only option for the Synthetic Turf Pitch would replace the

existing grass sports pitch.

Councillor Mrs Dickens as one of the Local Members for the adjoining land

commented that in the interests of fairness to the residents she felt that Condition 8

relating to floodlighting should be strengthened to avoid glare. The Chief Planning

Adviser advised that the glare would be monitored and the floodlights could be

adjusted accordingly.

Following a detailed discussion it was agreed that the item should be deferred to

allow a site visit to take place on 12 November 2007 and a further report to be

submitted to the next meeting of the Committee.

RESOLVED:

That a site visit to Henry Beaufort School take place on 12 November and a report

be submitted to the meeting of the Committee on 28 November 2007.

161. PROPOSAL TO MAKE A MAP MODIFICATION ORDER TO RECORD A

FOOTPATH FROM LONDON ROAD TO GREEN LANE IN HARTLEY

WINTNEY PARISH AS A PUBLIC PATH RIGHT OF WAY

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

(Item 10 in the Minute Book) on a proposal to make a Map Modification Order to

record a footpath from London Road to Green Lane in Hartley Wintney Parish as a

public right of way.

RESOLVED:

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

attached to the report, as a public footpath with a width varying between 1.5 and

1.8 metres.

162. APPLICATION FOR A PUBLIC PATH DIVERSION ORDER FOR PART

OF FOOTPATH NO 3 IN THE PARISH OF STEVENTON

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

(Item 11 in the Minute Book) on an application for a Public Path Diversion Order

for part of Footpath No. 3 in the Parish of Steventon.

In considering the application, the Committee felt that there should be a safety

route under the tunnel for pedestrians to minimise the risk from oncoming

vehicles.

RESOLVED:

(a) That an Order be made for the diversion of section A-B-C of Footpath No. 3

in the Parish of Steventon from the current definitive alignment to a new

route running between Points C and D, as shown on the map attached to the

report, such to be conditional upon the dedication of an additional link

referred to at Paragraph 10.2.

(b) That the dedication of an additional route E-F-G, be accepted, the Dedication

Agreement to be completed by the County Council immediately prior to

confirmation of the Order for the diversion of sections A-B-C, as shown on

the map attached to the report.

(c) That a safety route under the tunnel be provided for pedestrians.

163. APPLICATION FOR A PUBLIC PATH DIVERSION ORDER FOR PART

OF FOOTPATH NO. 32 IN THE PARISH OF RINGWOOD

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

(Item 12 in the Minute Book) on an application for a Public Path Diversion Order

for part of Footpath No. 32 in the Parish of Ringwood.

RESOLVED:

That an Order be made for the diversion of section A-B of Footpath No.32, in the

Parish of Ringwood from the current definitive alignment to a new route running

from Point A, as shown on the map attached to the report, on the eastern boundary

of Spring Cottage, via Breach Lane to rejoin the existing alignment at Point B.

164. THE MAKING OF LEGAL EVENT ORDERS FOR THE

CONSOLIDATION OF THE DEFINITIVE MAP AND STATEMENTOF

PUBLIC RIGHTS OF WAY IN THE DISTRICTS AND BOROUGHS IN

HAMPSHIRE

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

(Item 13 in the Minute Book) on the making of Legal Event Orders for the

consolidation of the Definitive Map and Statement of public rights of way in

Districts and Boroughs in Hampshire.

RESOLVED:

That the making of Legal Event Orders for the Boroughs of Basingstoke and

Deane, Eastleigh, Fareham, Havant, Rushmoor and Test Valley and the Districts of

East Hampshire, Hart, New Forest and Winchester City to update the definitive

map and statement of public rights of way be approved.