Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Thursday 14 February 2008.

PRESENT:

Chairman:

p Councillor R. C. McIntosh

Vice-Chairman:

p Councillor I. F. E. Beagley

Councillors:

188. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Carol Boulton,

A. S. Carew, B. T. Gurden and J. K. West

189. 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.

190. MINUTES

The Minutes of the Meeting held on 10 January 2008 were confirmed by the

Committee and signed by the Chairman, subject to the amendment that

Councillor Roger Price, JP had presented his apologies.

191. CHAIRMAN'S COMMUNICATIONS

The Chairman reported that the Managing Deputations Working Group had met

that morning to discuss the way forward with the pilot scheme of managing

deputations at the Regulatory Committee. The Group agreed that it wished to

continue with the scheme of allowing Members through the Chairman to ask

questions of deputees on matters of clarification of facts because they considered it

to be working well and very useful in aiding decision making. The Chairman

sought Members views and agreement to continue with the scheme which was

supported by the Committee. The wording on the Agenda would be adjusted

accordingly.

192. APPLICATION FOR A MAP MODIFICATION ORDER TO RECORD A

FOOTPATH FROM TOTSOME COTTAGES, KNOWLE TO FOOTPATH

86, FAREHAM AND AN ASSOCIATED INVESTIGATION INTO

FOOTPATHS FROM TOTSOME COTTAGES TO FOOTPATH 16,

WICKHAM

Councillor J. V. Bryant declared a personal interest in knowing Mr Beale.

Barbara Carstens made a deputation in respect of this item and copies of old

maps of the area were circulated to the Committee.

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

(Item 11 in the Minute Book) on an application for a Map Modification Order to

record a Footpath from Totsome Cottages, Knowle to Footpath 86, Fareham and

an associated investigation into Footpaths from Totsome Cottages to Footpath 16,

Wickham.

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

asked of the deputee.

In discussion, some Members considered that the item should be deferred to

enable the applicant to submit further evidence and they supported a site visit to

see the layout of the land and view the footpaths

RESOLVED:

That the item be deferred to allow the applicant time to submit further evidence

and that a site visit be held on 31 March with a report back to Committee on

16 April 2008.

193. APPLICATION FOR A DEFINITIVE MAP MODIFICATION ORDER TO

RECORD A FOOTPATH FROM HIGH STREET ACCESS ROAD TO

MARINE PARADE EAST, LEE-ON-THE-SOLENT, GOSPORT

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 record a Footpath from High Street Access Road to Marine Parade East,

Lee-on-the-Solent, Gosport.

In discussion, some Members were concerned about the design of the footpath and

the materials to be used and in order to minimise anti social behaviour considered

that this should be further investigated before the footpath is dedicated.

RESOLVED:

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

between Marine Parade East and the U561, Marine Parade/High Street

Access Road 2, Lee-on-the-Solent, Gosport at a width of 2 metres.

(b) That before the matter of the dedication returns to the Committee proper

consultations are carried out with highways department of the County Council

and Gosport Borough Council to encompass `safety by design' as regards the

safe usage of the footpath.

194. DEDICATION OF A BRIDLEWAY AT EMSWORTH COMMON,

HAVANT BY PORTSMOUTH WATER LIMITED

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

(Item 10 in the Minute Book) on an offer from Portsmouth Water Company to

dedicate a public bridleway at Emsworth Common, Havant.

RESOLVED:

That the dedication be accepted with thanks.

195. APPLICATION FOR A PUBLIC PATH EXTINGUISHMENT ORDER FOR

FOOTPATH NO. 25 AND THE DEDICATION OF A NEW FOOTPATH TO

LINK FOOTPATH NOS. 24 AND 26, BOTH IN THE PARISH OF

ST MARY BOURNE

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 Extinguishment

Order for Footpath No. 25 and the dedication of a new footpath to link Footpath

Nos. 24 and 26, both in the Parish of St Mary Bourne.

RESOLVED:

(a) That an Order be made under Section 118 of the Highways Act 1980 for the

extinguishment of a section of Footpath No. 25 in the Parish of St Mary

Bourne, as shown on the map attached to the report, on the grounds that it is no

longer needed for public use.

(b) That a Dedication Agreement be drawn up for the creation of a new footpath

between points K and L, as shown on the map attached to the report and

executed by the applicant before the Extinguishment Order is confirmed by

the County Council.

(c) That the Order for the extinguishment of a section of Footpath No. 25, as

shown on the map attached to the report, should not be confirmed by the

County Council until the Dedication Agreement for the new footpath between

points K and L, as shown on the map attached to the report, have been

executed by the applicant.

196. PROPOSED DEDICATION OF BRIDLEWAY RIGHTS ON PART OF

FOOTPATH 6 AND ON AN UNRECORDED ROUTE IN KINGS WORTHY

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

(Item 13 in the Minute Book) on an application for a dedication of bridleway

rights on part of Footpath 6 and on an unrecorded route in Kings Worthy Parish.

RESOLVED:

(a) That the County Council dedicates a 3 to 6 metre wide bridleway on part of the

route of Kings Worthy Footpath 6, between points A-B-C, as shown on the

map attached to the report.

(b) That the County Council dedicates a 3 metre wide bridleway on route B-D, as

shown on the map attached to the report.

197. IMPORTATION, SHORT TERM STORAGE, SHREDDING AND

DISTRIBUTION OF GREEN WASTE FOR USE AS A SOIL IMPROVER

FOR AGRICULTURAL BENEFIT AT WEST END FARM,

UPPER FROYLE, ALTON. (APPLICATION NO. F22111/028/CMA)

(COUNTY COUNCIL REF. EH155)

Councillors M. F. Cartwright and S.C. James declared personal and prejudical

interests as knowing the landowner and applicant and therefore both left the

meeting and took no part in the proceedings.

Chris Wheelwright, the Farm Manager and a Director of Scribeland Organics

made deputations in respect of this item.

Councillor M. G. Kemp-Gee also attended and spoke as Local Member and

expressed concern about a number of issues including the road junction of the

Hen and Chicken Public House, the number of lorry movements and requested that

a record should be maintained and the addition of a further condition to grant the

application for a period of five years so that the position could be re-assessed at the

end of the period.

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

(Item 6 in the Minute Book) on an application for planning permission for the

importation, short term storage, shredding and distribution of green waste for use

as a soil improver for agricultural benefit at West End Farm, Upper Froyle, Alton.

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

asked of the deputees.

In considering the application, Members noted main issues associated with the

landscape, amenity, need and traffic. In terms of the landscape, discussions with

the applicant had resulted in the location of the processing site which was now

located 600 metres from the nearest houses. There is a clear agricultural need and

benefit as the proposal re-uses green waste produced locally providing sustainable

farming. The Head of Planning and Development advised that with regards to the

traffic impact, discussions had been held with the applicant to change the

proposals and provide an alternative route. No comments have been received from

the original objectors following re-consultation on the amendments. Although the

proposal is a departure from the Local Plan the benefits are such that it is an

acceptable departure.

Some Members expressed concern about Footpath 27 and the financial

contribution towards its maintenance and the Head of Planning and Development

advised that the applicant was responsible for the full maintenance of Footpath 27,

as stated in Condition (20) and financial contributions would be ongoing towards

the maintenance of Ryebridge Lane and the wider road network at the junction for

the Hen and Chicken Public House. East Hampshire District Council had raised no

objection.

Members noted that the applicant would retain the headland along the hedgerow

for pedestrians and that he was responsible for Footpath 27 but the contribution

would not pay for this route but for the A31 to Colthouse Lane. Further that

Condition 20 refers to the construction specification for maintaining Footpath 27

Members requested that Condition 20 be reworded so that details of the

surfacing of Footpaths 27 and 15 are submitted in writing prior to development

commencing and that the surfacing shall not be concrete or tarmac in order to

safeguard the public right of way. Members noted that the current activity of

sewage spreading was not time limited, as with all other agricultural practices and

that the proposal is not temporary but for a long term sustained agricultural use

and long term permanent facilities, particularly the new route which also had the

advantage of diverting estate traffic away from the village.

RESOLVED:

That permission for the importation, short term storage, shredding and distribution

of green waste for use as a soil improver for agricultural benefit at West End

Farm, Upper Froyle, Alton (Application No. F22111/028/CMA) (County Council

Ref. EH155) be granted subject to a Section 106 financial contribution towards

highway maintenance and improvements towards the local road network and

subject to a reworded Condition 20 for the reason set out in the report and subject

to the conditions as set out in Appendix 1 of the report.

198. AGRICULTURAL IMPROVEMENT BY INFILLING WITH INERT

WASTES AT RAGLINGTON FARM, SHEDFIELD

(APPLICATION NO. 07/02980/HCS W16956/07)

(COUNTY COUNCIL REF. WR105)

Councillor J. V. Bryant declared a personal interest as knowing the applicant and

as Chairman of the Raglington Farm Liaison Panel. Councillor R. C. McIntosh

declared a personal interest as knowing the applicant.

Councillor Roger Huxstep, Member for Shedfield, Shirrell Heath and Waltham

Chase representing the residents of Shedfield and Piers Ockenden the applicant

and farmer at Raglington Farm made deputations in respect of this item.

Ian Gilmore was unable to attend and so Councillor Roger Huxstep read a

statement on his behalf on behalf of the residents of Hall Court.

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

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

the drainage of a four hectare agricultural field through the improvements of inert

waste to increase the gradients at Raglington Farm, Shedfield.

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

asked of the deputees.

In considering the application, Members noted the main issues of landscape,

ecology, amenity and traffic impacts. In terms of the landscape although the

proposal would create an artificial landform this would not be out of keeping with

the locality. The hedgerow would be retained and protected to safeguard its

ecological value. The amenity and traffic impacts are justified in terms of the

agricultural benefit and the recommended short period is acceptable. The Head

of Planning and Development advised that although the proposal is against the

policy of tipping and landraising the agricultural need makes the proposal an

acceptable departure from policy.

The Head of Planning and Development reported that Councillor Felicity Hindson

supported the application but had asked for additional information on agricultural

management and was satisfied with the result.

RESOLVED:

That permission for agricultural improvement by infilling with inert waste at

Raglington Farm, Shedfield (Application No. 07/02980/HCS W16956/07)

(County Council Ref. WR105) be granted (as revised February 2008) subject to

conditions set out in Appendix 1 of the report.

199. DEMOLITION OF FORMER BALING SHED AND ERECTION OF TWO

NEW WASTE TRANSFER BUILDINGS AND OTHER EXTERNAL

ALTERATIONS AT OTTERBOURNE WASTE TRANSFER STATION,

POLES LANE, OTTERBOURNE, WINCHESTER

(APPLICATION NO. 07/03077/HCS W00965/14)

(COUNTY COUNCIL REF. WR018)

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 demolish

the former baling shed and construct two new waste transfer buildings and

reorganise the external storage/transfer activities at the Otterbourne Waste

Transfer Facility, Poles Lane, Otterbourne.

In considering the application, Members considered issues associated with lorry

traffic which was the principle issue. The site is very well contained, landscaped

and inconspicuous in operation and operations within the site do not affect the

local residents. In discussions with Winchester City Council and Veolia further

landscaping of trees and shrubs would be provided to obscure the slight view of

the top of the building from Otterbourne Road. Members noted that a legal

agreement was in place which has capped the number of lorry movements to and

from the site and this includes a requirement to maintain a record of the number of

lorry movements.

The Head of Planning and Development advised that the Environment Agency had

initially raised an objection concerning the pollution because there was insufficient

information. Additional information has been provided and the Environment

Agency is now satisfied and had withdrawn the objection. He reported that

Councillor Charlotte Bailey had raised no objections to the application, and no

objection had been received from Otterbourne Parish Council.

RESOLVED:

That, subject to a legal agreement to retain the established cap on total lorry

movements, planning permission for the demolition of the former baling shed and

erection of two new waste transfer buildings and other external alterations at

Otterbourne Wsate Transfer Station, Poles Lane, Otterbourne, Winchester

(Application No. 07/03077/HCS W00965/14) be granted for the reason set out in

the report, subject to the conditions set out in Appendix 1 of the report and an

additional condition relating to landscaping.