Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 28 November 2007.

PRESENT:

Chairman:

p Councillor R. C. McIntosh

Vice-Chairman:

p Councillor I. F. E. Beagley

Councillors:

Also in attendance:

Councillor Charlotte Bailey for Item 6.

165. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Carol Boulton, A. S. Carew

and D. Gillett.

166. 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.

167. MINUTES

The Minutes of the Meeting held on 17 October 2007 were confirmed by the

Committee and signed by the Chairman.

Arising thereon:

Minute 159 - Four Dell Industrial Park, Poles Lane, Otterbourne.

(Application No 07/01815/HCS) (County Council Ref. WR210)

In response to a Member question concerning the accident close to the location of

the new access road, the Head of Planning and Development advised that the

accident had not been directly related to the access of the site.

Minute 160 - Henry Beaufort School (Application No. 07/02066/HCS

W00871/018) (County Council Ref. WRE013)

Councillor J. V. Bryant's personal interest was corrected to Chairman of the

Management Committee at Henry Cort Community College.

168. CHAIRMAN'S COMMUNICATIONS

The Chairman reported that the Head of Planning and Development had arranged

to hold a short presentation on noise appreciation by a noise expert immediately

following the meeting of the Committee on 10 January 2008. The presentation

would last approximately 40 minutes and there would be an opportunity to ask

questions afterwards.

169. APPLICATION TO REGISTER LAND AT MONKS BROOK,

SWAYTHLING AS TOWN OR VILLAGE GREEN

The Committee considered the report of the Chief Executive (Item 11 in the

Minute Book) on an application to register land known as Monks Brook,

Swaythling as town or village green.

RESOLVED:

(a) That Southampton City Council be authorised under Section 101 of the Local

Government Act 1972 to deal administratively with the application to

Hampshire County Council to register land at Monks Brook, Swaythling as

town or village green including the appointment of an Inspector to preside over

a non-statutory public inquiry.

(b) That the costs of any public inquiry to be shared between the two Authorities

50/50.

(c) That the Inspector be asked to prepare a report for Hampshire County Council

following the public inquiry with a recommendation to agree to the

application or reject it.

170. 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)

Sasha Nicholas representing Hampshire Football Association, Councillor Jacey

Jackson Ward Councillor for Littleton and Harestock, Mr Paul Best Principal

Architect for Architectural Services at Hampshire County Council, Mr Tony Eade

representing youth Football Clubs in Winchester, Mr Mark Palmer on behalf of

adjoining residents in Buriton Road, Mr Jonathan de Sausmarez, Headteacher of

Henry Beaufort School, Councillor Kelsie Learney Winchester City Councillor,

Mr T. M. Cross resident of Buriton Road, Mrs E. A. Cross resident of Buriton

Road, Mr D. Elsmore Clerk to Harestock and Littleton Parish Council and resident

of Buriton Road, Mr A. Sayle of Parish Smith and Randall Solicitors and

Mr S. Dunn, local resident made deputations in respect of this item.

Councillor Charlotte Bailey also attended and spoke as Local Member

supporting the proposal for a new Synthetic Turf Pitch which would create

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

school had been responsive to local residents concerns and is making every effort

to mitigate the concerns especially the lighting.

The Committee considered the report of the Head of Planning and Development

(Item 6 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.

In discussion, Members considered issues of the intrusion of floodlights into the

residents' homes and the residents' well-being, the size of the pitch and its use, the

acoustic fencing and its maintenance and the noise of users and spectators.

The Head of Planning and Development reported that the acoustic fence would be

2.4 metres high and constructed like a willow fence with `rockwool' style

insulation and would be sited on the edge of the synthetic surface, ie just outside

the touch line. He displayed a plan which showed the lighting contours

(Lux values) based on the proposed floodlighting which at 2 Lux level, ie bright

moonlight, would fall onto the residents' gardens and not directly on their houses.

In terms of the use of the pitch it was confirmed that as regards adults, the use

would be restricted to training and youth matches and in these circumstances only

limited numbers of spectators would be present.

Several Members who attended the site visit on 12 November 2007 and a Member

who had made an independent visit appreciated the concerns raised but supported

the need for this type of facility in the area. Furthermore that issues of lighting

could be monitored by amendments to planning conditions and likewise the use of

the pitch and maintenance of the fence. However, several Members objected to the

proposal and raised concerns about the impact of the noise and lighting of the pitch

on the adjacent houses.

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

and a Member of the Committee who had attended the site visit commented that

the floodlighting should be monitored and that a Liaison Panel should be

established to clear up any residents' anxieties. The Head of Planning and

Development advised that he would amend the condition so that the lighting

impact could be monitored, the fence maintained and users of the pitch restricted.

As the School's Management were open to dialogue this would be the most

appropriate liaison arrangements for residents.

RESOLVED:

That planning permission for the new Synthetic Turf Pitch, weldmesh fencing,

floodlighting and associated landscape works at Henry Beaufort School,

East Woodhay Road, Harestock, Winchester be granted for the reason set out in

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

to Condition (9) to include the provision for the maintenance of the acoustic fence

and the addition of new Conditions relating to the restriction of the pitch to non

competitive adult matches and monitoring of the floodlighting.

171. RESTORATION OF A LAKE IN FORMER GRAVEL WORKINGS, FOR

RECREATIONAL USE INCLUDING A NEW CAUSEWAY TO DIVIDE

THE EXISTING LAKE INTO TWO LAKES, ONE FOR FISHING AND

ONE FOR CANOEING AT THE RIVER VALLEY LAKE, EAST OF

SANDHURST ROAD, YATELEY (APPLICATION NO. 07/02026/CMA)

(COUNTY COUNCIL REF. HR037)

Mr R. Reynolds agent for the applicant Yateley Leisure (previously Primaplus)

made a deputation in respect of this item.

The Committee considered the report of the Head of Planning and Development

(Item 8 in the Minute book) on an application for planning permission to remodel

the River Valley Lake to make it suitable for the provision of water based

activities, namely canoeing and angling with public access.

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

asked of the deputee.

In considering the application, Members considered issues associated with lorry

movements and access arrangements and expressed concerns about parking

provision and facilities for anglers and canoeists using the lakes. The Head of

Planning and Development advised that he would strengthen Condition (11) to

prohibit the use by canoeists and anglers until details of the temporary car park

have been submitted and approved by the Waste Planning Authority and the

proposed temporary car park will be retained until such time as a permanent

replacement in the adjacent development is provided. Further that a Clause be

added to the Section 106 Agreement to allow the use of parking and facilities

maximum duration of works from the time the operation commences be a

maximum of 15 months.

RESOLVED:

That planning permission for the restoration of a lake in former gravel workings,

for recreational use including a new causeway to divide the existing lake into two

lakes, one for fishing and one for canoeing at River Valley Lake, east of Sandhurst

Road, Yateley, be granted for the reasons set out in the report subject to the

conditions set out in Appendix 1 of the report and the addition and amendments of

a condition relating to car parking and the duration of works, a Section 106

Agreement detailing compliance with the neighbouring land to the west, in terms

of the footpath south of the river linking up with that on the application site and no

development commencing on the neighbouring land until the application site is

completed.

172. SINGLE STOREY CHILDREN'S CENTRE WITH ASSOCIATED

EXTERNAL WORKS AT LEE-ON-SOLENT INFANT SCHOOL, ELMORE

ROAD, LEE-ON-SOLENT (APPLICATION NO. K7403/3)

(COUNTY COUNCIL REF. GPE024)

The Committee considered a report of the Head of Planning and Development

(Item 7 in the Minute Book) on an application for planning permission for the

construction of a single storey Children's Centre and associated works at the

Lee-on-Solent Infant School, Elmore Road, Lee-on-Solent.

The Head of Planning and Development reported that the proposal had generated

some adverse comments about the location of the proposed Centre from

neighbouring properties and therefore a revised location had been identified. He

acknowledged that the area around the School's chain link fence could benefit

from some improved planting and advised that he would add a landscape

condition.

The Committee made particular reference to ensuring that any conditions must be

enforced and monitored.

RESOLVED:

That planning permission for the construction of a single storey Children's Centre

with associated external works at the Lee-on-Solent Infants School, Elmore Road,

Lee-on-Solent be granted for the reason set out in the report subject to conditions

set out in Appendix 1 of the report and a further condition about landscaping.

173. APPLICATIONS FOR DEFINITIVE MAP MODIFICATION ORDERS

With the concurrence of the Chairman under Section 100B (4) (b) of the Local

Government Act 1972, this matter had been included in the minutes as a matter of

urgency as a decision had been received from the High Court that morning

concerning the validity of applications for Definitive Map Modification Orders

when they are not accompanied by copies of documents referred to in the

application.

The Director of Recreation and Heritage reported that at the Regulatory

Committee meetings on 23 May and 27 June 2007 Members had considered a

report on an application of s.67 (3) (a) Natural Environment and Rural

Communities Act 2006 to claims for Byways Open To All Traffic. The report

promoted a view by the Green Lanes Protection Group that an application is not

valid if it is not accompanied by copies of the documents referred to in the

application. The Department for Food and Rural Affairs (DEFRA) had promoted a

contrary view that it did not matter if the application did not have all the copy

documents or indeed any and considered it a valid application. At the time the

correct legal position was unable to be identified because no court had yet been

asked to decide the point. However, the Committee favoured the approach taken

by DEFRA.

The Director of Recreation and Heritage advised that court proceedings for

Judicial Review were instigated against the County Council in respect of

applications for byways considered by the Committee in March 2006.

Members noted that Mr Justice Bartlett had that morning handed down his

Judgement and endorsed the approach taken by the County Council and this

Committee as follows:

` The requirements that the application should be in the prescribed form and

should be accompanied by a map and copies of any documentary evidence are

separate requirements and an application, in my judgement does not fail to

constitute an application because it is not accompanied by a map and such

copies' and ` For these reasons I think that the Council were entitled to treat each

application as valid. They were also manifestly justified in not seeking compliance

with the requirement in paragraph 1 of Schedule 14 that copies of the documentary

evidence relied on by the applicant should be sent to them.'

RESOLVED:

That the verbal report be noted.

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

FOOTPATH FROM FOOTPATH 1 TO SCHOOL HILL, IN BURSLEDON

PARISH, AS A PUBLIC RIGHT OF WAY

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

(Item 9 in the Minute Book) on a proposal to make a Map Modification Order to

record a footpath from Footpath 1 to School Hill, in Bursledon Parish, as a public

right of way.

RESOLVED:

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

the report, on the definitive map of public rights of way, as a public footpath with

a minimum width of 1.5 metres.

175. APPLICATION FOR A MAP MODIFICATION ORDER FOR THE

ADDITION TO THE DEFINITIVE MAP OF A FOOTPATH BETWEEN

HART PLAIN AVENUE AND SILVESTER ROAD AT COWPLAIN IN

HAVANT BOROUGH

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

(Item 10 in the Minute Book) on an application for the addition to the definitive

map of a footpath, between Hart Plain Avenue and Silvester Road, at Cowplain in

Havant Borough.

RESOLVED:

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

the report, on the definitive map of public rights of way, as a public restricted

byway with a width of 7 metres.

176. FOUR DELL FARM, POLES LANE, OTTERBOURNE

With the concurrence of the Chairman under Section 100B (4)(b) of the Local

Government Act 1972, this matter had been included on the agenda to be

considered at the meeting as a matter of urgency. This matter was formerly classed

as an exempt item and therefore had not received the requisite five clear days

publicity. It needed to be included on the agenda as there is an imminent appeal for

a judicial review pending and approval for a legal agreement needs to be secured.

The Committee considered a report of the Head of Planning and Development

(Item 12 in the Minute Book) concerning the planning permission granted 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.

The Head of Planning and Development reported that specific dust control

measures had been omitted from the planning condition covering an Environmental

Management Scheme as part of the planning permission. This could be remedied

by a legal agreement securing a dust management scheme and providing for the

scheme's monitoring and review. Members noted that the matter had been raised

with the owner and applicant who had both agreed to enter into an Agreement. The

Committee acknowledged the administrative error and agreed that the situation

needed to be remedied.

The Committee made particular reference to ensuring that any conditions must be

enforced and monitored.

RESOLVED:

That the County Council enter into a legal agreement with the applicant and

landowner to secure the submission for approval of a dust management scheme,

which includes monitoring and review, and its subsequent implementation.