Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 16 April 2008.

PRESENT:

Chairman:

p Councillor R. C. McIntosh

Vice-Chairman:

p Councillor I. F. E. Beagley

Councillors:

Also in attendance Councillor Mrs S. A. Wheale for Item 6.

210. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors A. S. Carew who is

attending a South Downs National Park enquiry, B. T. Gurden and S. C. James.

211. 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.

212. MINUTES

The Minutes of the Meeting held on 12 March 2008 were confirmed by the

Committee and signed by the Chairman subject to the amendment of Borough

before the name of Councillor Caroline Nokes who made a deputation on Minute

204 in respect of the application for Extraction of Sand and Gravel at Roke Manor.

213. CHAIRMAN'S COMMUNICATIONS

The Chairman advised that Councillor Reid was no longer a Member of the

Committee. He welcomed Councillor Neal onto the Committee and to his first

meeting.

214. CONSTRUCTION OF A 1-FORM ENTRY EXTENSION TO THE

PRIMARY SCHOOL, SPORTS PITCH AND ASSOCIATED LANDSCAPE

WORKS AT ELVETHAM HEATH PRIMARY SCHOOL, THE KEY,

ELVETHAM HEATH, FLEET (APPLICATION NO. 08/00430/HCCRG3)

(COUNTY COUNCIL REF. HRE024)

Councillor Mrs S. A. Wheale also attended as Local Member and spoke in support

of the application stating that the school had the full support of both teachers and

parents. She considered that the junior-size grass playing field was a far better

combination and would enhance the development.

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

construction of a 1-Form Entry extension to the Primary School, sports pitch and

associated landscape works at Elvetham Heath Primary School, The Key,

Elvetham Heath, Fleet.

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

the application, namely that the need arises from being in a new development area.

The proposed single storey extension of 6 classrooms would provide for up

to 210 further pupils as a result of the housing development in the area and the

demand for places at the school. The School would become a 3-Form entry and

would accommodate a total of 360 pupils after completion of the extension.

Although the development was considered to have a partial encroachment of the

extension and associated landscape and new sports pitch on to the existing defined

open space it was not considered in this case to be a departure to the Adopted

Local Plan. The main impact would be the removal of the adult-size football pitch.

However, there was a mitigation proposed by way of a legal agreement for a

County Council financial contribution to a new pitch at Hitches Lane,

approximately one mile from the school and within a new development area. Hart

District Council had raised no objection subject to a Legal Agreement for the

relocation of the sports pitch.

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

raised no objection to the application but had raised the issue of a Flood Risk

Assessment. However the site was not considered to be within a flood risk area,

the only concern was on drainage of surface water. As this was a technical issue it

could be dealt with by a condition and a suitable condition is proposed.

The Head of Planning and Development advised that further to discussions with

the Architect he proposed a change to Condition (5) relating to the junior sports

pitch so that works would be completed and part of the site reinstated to a sports

pitch within a period of 12 months and not 24 months to allow for the completion

of the works and the growth of the grass to establish the pitch.

The Head of Planning and Development further advised that a full response had

been received from Sport England and that the all weather pitch would be

maintained and managed by Hart District Council.

RESOLVED:

That, subject to a Legal Agreement to secure the financial payment to provide a

replacement sports pitch, planning permission for the construction of a 1-Form

Entry extension to the Primary School, sports pitch and associated landscape

works at Elvetham Heath Primary School. The Key, Elvetham Heath, Fleet be

granted for the reason set out in the report and subject to the conditions set out in

Appendix 1 of the report, the amendment to Condition (5) and a suitable condition

relating to the drainage of surface water.

215. PROPOSED RELAXATION OF CONDITIONS (CONDITION 2:

IMPORTATION OF WASTE; CONDITION 3: LORRY MOVEMENTS;

CONDITION 4: HOURS OF WORKING) FOR TEMPORARY PERIOD IN

CONNECTION WITH FORTHCOMING M27 MOTORWAY

IMPROVEMENT CONTRACT (JUNCTIONS 2 TO 4) AT LEE LANE,

NURSLING (APPLICATION NO. 08/0050/CMAS)

(COUNTY COUNCIL REF. TV055)

Mr Anthony Ironmonger, local resident and on behalf of his neighbours made

a deputation in respect of this item.

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

relaxation of conditions (Condition 2: Importation of Waste; Condition 3: Lorry

Movements; Condition 4: Hours of Working) for a temporary period in connection

with forthcoming M27 Motorway Improvement Contract (Junctions 2 to 4) at Lee

Lane, Nursling.

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

asked of the deputee.

In considering the application, Members noted the main issues of need, amenity

and traffic. In terms of need, in principle the use of the sites was in accordance

with policy as there was a need for recycling which should be supported. The Head

of Planning and Development advised that the applicant, Raymond Brown

Minerals and Recycling Limited had been unsuccessful in its bid for the works but

still wished the application to go ahead and be available for the successful

contractor.

In terms of the amenity and traffic, it was considered that although there was no

problem with the site there was the issue of traffic passing the Railway Cottages.

A Noise Impact Statement had been prepared and a calculation of the noise of the

additional lorry movements carried out and this had confirmed that there was an

increase of 1 to 2 dBa LAQ which was generally accepted as low. The background

levels of the M27 traffic had been calculated as 57-61 dBa LAQ

The Head of Planning and Development further advised that Test Valley Borough

Council and the Highways Authority had no objections as there was sufficient

width of road for the lorries. He proposed to change the wording of the Conditions

and referred to Appendix 1 circulated to Members as follows: Condition (1) to

clarify the timescale is to 31 July 2010 for the recycling as a whole but for the

variation from May to September 2008 as stated in Conditions (2), (3) and (4).

Condition (7) specified that the speed of the lorries should be no more than 25mph

when passing Railway Cottages and leaving the site to reduce the impact of noise.

It was proposed that a sign at the site entrance regarding lorry routeing would have

an addition on speed restriction.

In response to a question about operations at the site, the Head of Planning and

Development stated that the Lee Lane site was originally a quarry and the site was

the location for the processing plant for sand and gravel. There is a certificate of

lawful use for minerals to be stored and distributed but this did not include

concrete crushing and recycling. This has a temporary consent restricted to 2010.

A new application would be needed to extend the recycling use beyond this date.

The time period for this application is May to September 2008 after which the

conditions would revert to the original, apart from the new sheeting condition and

the sign restricting the speed of lorries to 25mph.

Members were concerned about the hours of working, considered that there

was a need to restrict the hours and proposed that Condition (4) be further

amended from the variation applied for during the period of May to September

from 0600 and 2000 to 0700 and 1900 Mondays to Fridays and 0600 and 1500 to

0700 and 1400 on Saturdays.

Members felt that the lorries should be sheeted and asked that a Condition be

added requiring this and the Head of Planning and Development agreed to add a

condition relating to lorries being sheeted.

Members requested that a Liaison Panel be established as a matter of urgency and

meet within one month and remain in place for the life of the site. A Member

suggested that Councillor R. J. Perry as local County Councillor be asked to Chair

the Panel. In the event that he was unable to Chair the Panel, Councillor Cooper

offered to Chair as he lives locally.

RESOLVED:

That planning permission for the relaxation of conditions (Condition 2:

importation of waste; Condition 3: lorry movements; Condition 4: hours of

working) for temporary period in connection with forthcoming M27 Motorway

improvement contract (Junctions 2 to 4) at Lee Lane, Nursling (08/00550/CMAS)

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

Appendix 1 of the report, the amendments to the Conditions in Appendix 1 as

tabled, the amendment to Condition (4) to further amend the hours of working

during the period May to September 2008 to 0700 to 1900 Monday to Friday and

0700 to 1400 on Saturday, further conditions requiring lorries to be sheeted and

a 25 mph sign and that a Liaison Panel be established for the site until 2010 or the

life of the site and that a meeting be convened urgently.

216. APPLICATION TO REGISTER' THE TRIANGLE' AT THE JUNCTION

OF STOCKERS AVENUE AND WESTLEY CLOSE, WINCHESTER AS

TOWN OR VILLAGE GREEN

Councillors Mrs P. Dickens declared a personal interest as the Local Member and

knowing two people who had given evidence at the public enquiry.

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

Book) on an application to register `The Triangle' at the junction of Stockers

Avenue and Westley Close, Winchester as town or village green.

Mrs Rosemary Conway made a deputation in respect of this item.

A copy of representations received from Mrs Conway had been circulated by

email 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.

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

Mr James Weeks, the applicant who attended the meeting in support of

Mrs Conway stated that he felt that the matter had been dealt with in a fair

manner.

RESOLVED:

That the application to register `The Triangle' at the junction of Stockers Avenue

and Westley Close, Winchester as town or village green be acceded to and that the

register of town and village green be amended accordingly.

217. NEW INFORMATION FOR REQUIREMENTS FOR VALIDATION OF

PLANNING APPLICATIONS - OUTCOME OF CONSULTATION -

`LOCAL LIST'

The Committee considered a report of the Chief Executive (Item 8 in the Minute

Book) on new information requirements for validation of planning applications.

The Head of Planning and Development referred to the Appendix of the report

which showed the national and local requirements for planning applications

RESOLVED:

That the local requirements as set out in the Appendix to the report are adopted as

the Hampshire County Council 1APP Local Planning Application requirements.

218. APPLICATION FOR A MAP MODIFICATION ORDER TO UPGRADE

FOOTPATH 6 IN THE PARISH OF AMPORT TO BRIDLEWAY

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

(Item 9 in the Minute Book) on an application for a Map Modification Order to

upgrade Footpath 6 in the Parish of Amport to bridleway.

Members noted that concern had been raised about horses disturbing the spawning

of brown trout. However traffic and trout have co-existed for hundreds of years

and there will be no change of circumstances by the application and horse riders

have the right to use the ford. Further, although motorbikes can not be physically

prevented from using the route there is currently no evidence of the path being

used by motorised vehicles.

RESOLVED:

That a Map Modification Order be made to upgrade Footpath 6 in Amport to a

restricted byway, between points A and B, as shown on the map attached to the

report, such highway having a width varying between 5 and 10 metres.