Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 12 March 2008.

PRESENT:

Chairman:

p Councillor R. C. McIntosh

Vice-Chairman:

p Councillor I. F. E. Beagley

Councillors:

Also in attendance Councillor R. J. Perry for Item 6 and Councillor Charlotte Bailey for

Item 7.

200. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Carol Boulton,

M. F. Cartwright, B. T. Gurden, Jo Kelly, S. C. James and Roger H. Price JP.

Councillors Cartwright and Price's absences were on account of them attending a

Local Government Association Fire Conference.

201. 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.

202. MINUTES

The Minutes of the Meeting held on 14 February 2008 were confirmed by the

Committee and signed by the Chairman.

203. CHAIRMAN'S COMMUNICATIONS

There were no Chairman's Communications.

204. EXTRACTION OF SAND AND GRAVEL, LANDFILLING WITH INERT

CONSTUCTION, DEMOLITION AND EXCAVATION WASTE AND

RESTORATION TO AGRICULTURE, ERECTION OF MINERALS

PROCESSING PLANT AND ANCILLARY BUILDINGS AND

EQUIPMENT, CONSTRUCTION OF NEW ACCESS OFF A27,

INCLUDING DEMOLITION OF BUNGALOW, AT ROKE MANOR,

NEAR ROMSEY (APPLICATION NO. 07/02771/CMAS)

(COUNTY COUNCIL REF. TV228)

Sally Leach, Councillor Caroline Nokes representing Shootash Against Gravel

Extraction (SAGE), Mr Stephen Bowley of Steve Bowley Planning Consultancy

and Mr Steve Cole of Raymond Brown Minerals and Recycling made deputations

in respect of this item.

A copy of representations received from Zoe Paskins were 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 R. J. Perry also attended as Local Member and spoke about his

concerns stating that although the application is a departure from the Local Plan

it is acceptable. He suggested one change to Condition 8 to amend the hours of

working on Saturday and installing an acoustic fence. He urged Members to look

carefully at the Conditions, considered that the issue of Nightjars should be

investigated further and that he would prefer a shared access with the Viridor

landfill nearby. He thanked officers for the efforts made liaising with local

residents.

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

extraction of sand and gravel and land filling with inert construction, demolition

and excavation waste and restoration to agriculture, erection of minerals

processing plant and ancillary building and equipment, construction of new access

off A27, including demolition of bungalow at Roke Manor, near Romsey. The

Head of Planning and Development circulated an addendum (Item 6a in the

Minute Book) setting out various typographical errors and minor amendments to

the report.

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 associated with

the application, namely need for the mineral, landscape, nature conservation,

amenity, hydrological and traffic impacts. In terms of need there was a significant

shortfall of the mineral landbank in the area. Hampshire has only 1.8 years of

landbank available when the national requirement is 7 years. The amenity had

been carefully considered and the Environmental Health Officer is satisfied with

protection measures for the hours of working, screen bunding, revised stand-off

distances and other measures to help protect local amenities. The landscape had

been carefully considered in terms of the temporary use of the land and the long

term landscape change. The post-restoration would mean slight changes in the

ground levels for drainage reasons. The land levels would not be greater than 3

metres at its highest point in the main extraction field and a recent revision with a

maximum of 2 metres at the western end of the extraction area, as shown on the

displayed drawings. The extraction land would be fully restored to agriculture at

the end of the term. Hydrological advisers had advised that the ditches would

satisfy the discharge of water and there would be no adverse impact on the ground

water regime. In terms of nature conservation, Natural England was satisfied that

there would be no significant impact on the dormice found in that part of Squabb

Wood proposed for the conveyor and haul route which is not a Site of Importance

of Nature Conservation (SINC). The Squabb Wood SINC is located further away

from the site to the south. Badgers setts had been found 60 metres to the south of

the plant site and outside the application site boundary. These are protected by the

Badger Act and the development would not unduly affect the foraging of badgers.

If the proposal is granted it would be subject to a long term nature conservation

management plan.

The Head of Planning and Development advised that Condition (8) relating to

Access and Routeing would be amended to restrict hours of working on Saturdays

to 0800 to 1230.

A Member expressed concern that Sally Leach had mentioned the presence of

Nightjars on the site which were an internationally protected species and Special

Protection Areas (SPA) protected them. He felt that a survey should be carried out

to establish whether they were foraging or nesting in the area. It was felt that this

comment was not relevant as surveys had been carried out and comments were

subjective and not confirmable.

The Head of Planning and Development stated that the proposal was identified in

Hampshire Minerals and Waste Local Plan and although some details were a

departure to the extent that it does not allow for a plant site and identifies an

alternative haul route there are no significant impacts caused by the proposal and it

is considered to be a reasonable departure. In terms of the traffic especially on the

A27, discussions had been held about having a right hand turning lane to facilitate

the mineral lorries turning, however because of the 40 miles per hour speed limit

this had been found not to be necessary and would likely encourage traffic to

speed and overtake as the road would be effectively widened. Guidance on where

right hand turns issued by the Department of Transport show that the proposal is

within acceptable thresholds. The junction met all the necessary technical and

safety criteria and there was no reason to suggest that a higher form of junction

should be provided.

Some Members considered that an alternative site access should be found and felt

that the Squabb Wood Landfill should be further investigated. The Head of

Planning and Development advised that the operator of the site had said this was

not possible due to personal business reasons.

A Member asked that an oak tree be retained and that a condition be imposed to

protect the tree and welcomed additional native planting. The Head of Planning

and Development advised that the oak tree directly opposite the property would be

retained and bunding designed around it. The relevant condition would be revised

to protect the oak tree and include native species planting.

The Head of Planning and Development highlighted the additional

recommendation in the addendum that proposed a Liaison Panel be set up to

facilitate communication between residents and the developer during the

development.

There was a proposal that the application be deferred which was seconded but

defeated. The recommendation as per the report was then put and approved by a

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

voting.

RESOLVED:

(a) That planning permission for extraction of sand and gravel, land filling with

inert construction, demolition and excavation waste and restoration to

agriculture, erection of minerals processing plant and ancillary buildings and

equipment, construction of new access off A27, including demolition of

bungalow, at Roke Manor, near Romsey be granted subject to a legal

agreement to secure long term management of the woodland and a financial

contribution for highway maintenance and improvements, the conditions set

out in Appendix 1 of the report, the amendment to Condition (8) and the

additional condition relating to the Oak tree and native planting be revised.

(b) That a Liaison Panel be set up for the life of the development prior to any

works commencing on site to facilitate communication between the local

community and the County and Borough Councillors, Parish Councils, the

applicant, Hampshire County Council, Highway Authority and other

consultees such as the Environmental Health Officer and the Environment

Agency.

205. TO PRODUCE APPROXIMATELY 300 KILOWATTS OF ELECTRICITY

FOR SALE TO THE NATIONAL GRID AND 600 KILOWATTS OF HEAT

THROUGH THREE BIOMASS GENERATORS AT UPPER

SLACKSTEAD FARM, BRAISHFIELD, ROMSEY

(APPLICATION NO. 08/00034/HCS W16156/04)

(COUNTY COUNCIL REF. WR211)

Mr Tom Alder, Solicitor of Lester Aldridge representing residents in the area,

Councillor Eleanor Bell, Winchester City Councillor for Compton and Otterbourne

Ward on behalf of Hursley Parish Council, Mr Barry Stevens on behalf of the

residents of Farley and Dores Lane, Tim Meyrick, Saun Rawson-Smith and

David Oakley of Braden Property made deputations in respect of this item.

A copy of representations received from Mr Barry Stevens 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.

Councillor Charlotte Bailey attended as Local Member and presented Councillor

A. G. Dowden's apologies. She advised that she had no concerns about the

biomass generators, but she did have concerns about the suitability of the site,

narrow lanes and the single track roads and that the application was contrary to

planning policy. She referred to Condition 12 and considered that records of the

number of lorry movements should be submitted every 6 months

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

installation of three biomass generators in a redundant barn, minor alterations to

the barn and the importation of wood waste (biomass) for the purpose of

producing 300 kilowatts of electricity for sale to the National Grid and 600

kilowatts of heat for use in nearby farm buildings, at Upper Slackstead Farm,

Braishfield, near Romsey. The Head of Planning and Development circulated an

addendum (Item 7a in the Minute Book) setting out the noise condition as

originally recommended by the Environmental Health Officer to prevent noise

disturbance to neighbouring residents.

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,

amenity, need and traffic. In terms of the landscape, additional planting had been

proposed and the amendments to the existing building were considered acceptable

in landscape terms. The Environmental Health Officer had raised no objection to

the application and was satisfied about the development being located in the area

but recommended that a condition controlling noise impacts to the nearest

residential properties be added.

The Head of Planning and Development advised that in terms of need he was

more than satisfied with the figures and principle of using biomass as a fuel

rather than them going to landfill and this is in line with sustainability objectives.

Members noted that the site would generate a load and return empty trip every

other day. Due to changing agricultural practices it was likely that future years

would see an increase in agricultural traffic on the roads without he proposed

development.

In response to a question about lorry routes, the Committee was advised by the

Head of Highways Development Control that Police records showed that over the

last three years there had been four accidents, all of which were slight and none

had involved HIV's. He was aware that levels of traffic from the site had been

low and he had recently visited the site and encountered only one light van on the

road network serving the site between the A3090 and Braishfield.

Some Members considered that the site should be located in a more appropriate

location near to a main lorry network. The Head of Planning and Development

advised that a traffic routeing agreement was offered by the applicants but it was

considered unnecessary in the light of the low level of traffic proposed.

Members suggested that an additional condition be added to require the sheeting

of all lorries leaving the site.

RESOLVED:

(a) That planning permission for an application for the installation of three

biomass generators in a redundant barn, minor alterations to the barn and the

importation of wood waste (biomass) for the purpose of producing 300

kilowatts of electricity for sale to the National Grid and Slackstead Farm,

Braishfield be granted subject to conditions as set out in Appendix 1 to the

report controlling the environmental impact of the site before 9.30am and

preventing them from arriving and leaving the site between 3pm and 4pm.

The reason being to prevent any conflict with school opening and closing

times. There would also be a condition restricting lorry movements to six

movements (three loads) per working week) and an additional condition

relating to the sheeting of lorries.

(b) That an additional noise condition as required by the Environmental Health

Officer be added as follows:

That noise levels from the operation of plant and equipment on the site, as

shown on the approved plan SCA002 (revision C) shall not exceed the

following criteria.

(i) 10 metres from the West elevation of the building 26 dB(A) measured as

an LAeq (5 min) and 48 dB (Lin) measured at the 63Hz 1/3 Octave.

(ii) 10 metres from the North elevation of the building. 24 dB (A) measured

as an LAeq (5 min) and 46 dB (Lin) measured at the 63Hz 1/3 Octave.

(iii) 10 metres from the East elevation of the building 27 dB (A) measured as

an LAeq (5 min) and 48 dB (Lin) measured at the 63Hz 1/3 Octave.

(iv) 10 metres from the South elevation of the building 24 dB (A) measured

as an LAeq (5 min) and 47 dB (Lin) measured at the 63Hz 1/3 Octave.

All measurements to be made as 5 minute averages between the hours of

00:00 and 07:00.

206. APPLICATION BY ROYAL ARMOURIES, FORT NELSON, FAREHAM

UNDER THE MANUFACTURE AND STORAGE OF EXPLOSIVES

REGULATIONS 2005

Nicholas Hall made a deputation in respect of this item.

The Committee considered a report of the Chief Executive (Item 10 in the Minute

Book) on an application for the County Council's assent to the storage and

handling of explosives at Fort Nelson.

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

asked of the deputee.

RESOLVED:

That the application by the Royal Armouries Fort Nelson for assent to the storage

and handling of explosives at Fort Nelson, Fareham be approved.

207. SINGLE STOREY EXTENSION AND STAND-ALONE BUILDING TO

FORM NEW CHILDREN'S CENTRE, INCLUDING ASSOCIATED

EXTERNAL WORKS, AT WATERSIDE PRIMARY SCHOOL,

ASHFORD CRESCENT, HYTHE (APPLICATION NO. 08/91588)

(COUNTY COUNCIL REF. NFE048)

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

(Item 8 in the Minute Book) on an application for planning permission for a

single storey extension and stand-alone building to form a new children's centre,

including associated external works, at Waterside Primary School,

Ashford Crescent, Hythe.

In discussions, Members considered issues of car parking and felt that inadequate

parking spaces had been provided by the applicant and that the provision should

be increased. The Head of Planning and Development advised that it is Hampshire

County Council Policy not to provide parent car parking on site and national

policy (PPG 13) states that a developer does not have to provide any more car

The Head of Planning and Development reported that Councillor Dash, the Local

Member fully supported the application.

A Member asked the Officers to liaise with the County Council's Estates

Department about the elevations of natural timber cladding to ensure that the

timber is sustainable and the windows triple glazed in the interests of sustainability

The Head of Planning and Development advised that the designers were aware of

the timber cladding and Building Control Regulations would stipulate the

requirement for the windows.

RESOLVED:

That subject to an additional four car parking spaces being provided, planning

consent for the construction of a single storey extension and stand-alone building

to form a new Children's Centre, including associated external works, at Waterside

Primary School, Ashford Crescent, Hythe be granted for the reason set out in the

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

208. PROPOSAL TO AMEND THE DEFINITIVE MAP IN RESPECT OF

ALDERSHOT FOOTPATH 11, BASINGSTOKE FOOTPATHS 23, 32 AND

35 AND WEST TYTHERLEY FOOTPATH 18.

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

(Item 9 in the Minute Book) on a proposal to amend the Definitive Map in respect

of Aldershot Footpath 11, Basingstoke 23, 32 and 35 and West Tytherley

Footpath 18.

RESOLVED:

That the making of a Map Modification Order to record Aldershot Footpath 11,

Basingstoke Footpaths 23, 32 and 35 and West Tytherley Footpath 18 on the

Definitive Map be approved.

209. PROPOSED DEDICATION OF BRIDLEWAY RIGHTS ON PART OF

FOOTPATH 6 IN KINGS WORTHY PARISH

This item was added to the agenda with the agreement of the Chairman and

Vice-Chairman under Section 100 (B) (4) of the Local Government Act 1972,

as an item of urgency because of the impending sale of County Council owned

property known as Hinton House, Kings Worthy.

Members considered a report of the Director of Recreation and Heritage (Item 11

in the Minute Book) on the proposed dedication of bridleway rights on part of

Footpath 6 in Kings Worthy Parish. Members noted that at the last meeting of the

Regulatory Committee on 14 February 2008, a dedication of bridleway rights had

been approved on a 6 metre wide bridleway on part of the route of Kings Worthy

Footpath 6, however the report had indicated a lesser width of 6 metres for the

proposed bridleway and therefore authorisation for the modification was required.

Following discussions with other interested parties three short spurs leading into

the playing field from the bridleway along the driveway had been suggested rather

than the dedication of a strip of land including mature trees.

The Director of Recreation and Heritage agreed to inform the Local Member of the

changes.

RESOLVED:

(a) That the decision of the Regulatory Committee contained in Minute 196(a) be

rescinded.

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

route of Kings Worthy Footpath 6, between points A-B-C, as shown on map 1

attached to the report.

(c) That the County Council dedicates three spurs, two as bridleways with a width

of 3 metres and one footpath with a width of 1.5 metres, from Hinton House

Drive to the parish playing field, as shown on map 2 at points X, Y, and Z

attached to the report.