Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Wednesday 21 May 2008.

PRESENT:

Chairman:

p Councillor R. C. McIntosh

Vice-Chairman:

p Councillor I. F. E. Beagley

Councillors:

Also in attendance Councillor Jackie Porter for Item 6.

219. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors G. M. Hockley,

and J. K. West.

220. 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.

221. MINUTES

The Minutes of the Meeting held on 16 April 2008 were confirmed by the

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

Conway's title to Mrs instead of Miss who gave a deputation on `The Triangle' at

the junction of Stockers Avenue and Westley Close, Winchester.

222. CHAIRMAN'S COMMUNICATIONS

The Chairman advised that Councillor Carew would no longer serve as a Member

on the Committee with effect from 22 May 2008 and that Councillor Charlotte

Bailey would take his place. He also welcomed Councillor Simpson onto the

Committee and to his first meeting in place of Councillor Carol Boulton.

223. CHANGE OF USE OF LAND TO BE LEASED BY SOUTHERN WATER,

CONSTRUCTION OF A WOODEN BUILDING TO HOUSE A CONTROL

SHELTER AND BLOWER SHELTER, PACKAGE PLANT AND

BOUNDARY FENCE AT AVINGTON WASTEWATER TREATMENT

WORKS PACKAGE PLANT, AVINGTON PARK, AVINGTON,

WINCHESTER

(APPLICATION NO. 08/00574/HCS) (COUNTY COUNCIL REF:WR209)

Mrs Penny Flemons, Parish Councillor and resident of Avington , Mr Ken Thomas

resident of Avington and and Mr Nick Gillott of Four-D on behalf of the applicant

made deputations in respect of this item.

Councillor Jackie Porter, Local Member also attended the meeting and spoke in

opposition to the development in terms of noise and odour from the building, the

setting of the Grade I listed Church, concerns about the sewage treatment works

and the need to improve the River Itchen.

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

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

a wastewater treatment package plant in the grounds of Avington House, Avington.

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

asked of the deputees.

The Head of Planning and Development advised that this is a resubmission of the

proposal considered by the Committee on 25 July 2007 to build a wastewater

treatment works in the grounds of Avington House, Avington. The location is the

same as in the previous application but details of the current proposals have been

revised to reduce the size and visibility of the building, to locate the control and

equipment blowers in a wooden building lower than the building previously

proposed and reduce the impact .He drew the Committee's attention to paragraph

3.5 of the report as the dimensions stated were incorrect. The building in fact

measured 9.2 meters long and 1.70 metres high. He advised that there was a clear

need for this proposal as the current water treatment system is not sufficient and the

River Itchen is being contaminated with wastewater.

In considering the application, Members noted that Southern Water had sought to

address the issues with the plant and the visual and amenity impact for the residents

of the village had been addressed with regards to the building which could not now

be visible from outside the site and was within the fencing and hedging.

The Head of Planning and Development advised that in terms of the technical

consultations: English Heritage and the Environment Agency had raised no

objections, the Planning and Environmental Health Officers at Winchester City

Council had raised no objections, South Downs Joint Committee had no objections

and the Garden History Society had no objections subject to conditions that the

consultees find the proposal acceptable.

In response to a question about the yew hedge, the Head of Planning and Development confirmed that the hedge would take time to grow and not be a quick solution and that he would have to investigate whether the roots would affect the Grade II listed wall.

In terms of the odour , the Head of Planning and Development confirmed that the levels of odour would be monitored and if detected the plant would be in contravention of the proposed condition.

Information was provided on the report concerning the Great Crested Newts, confirming that a desk top study had been carried out as well as a site visit.

Members expressed concern about the inappropriate location for the site, that the wooden building does not fit in with the character of the area, the possible odour from the plant and the inadequate future capacity of the plant.

There was a proposal that the application be refused on the grounds that the application would have an adverse effect on the Grade I listed Church, a Grade II listed wall and the conservation area and that it fails to provide sufficient evidence for the plant to be in the location proposed. This proposal was seconded.

RESOLVED:

That planning permission for a change of use to be leased by Southern Water,

construction of a wooden building to house a control shelter and blower shelter,

package plant and boundary fence at Avington Park, Avington, Winchester

(Application No. 08/000574/HCS) (County Council Ref: WR209) be refused on the

following grounds:

(a) That the proposal is contrary to Policy D4 of the Hampshire Core Strategy and

Policy HE.16 of the Winchester District Local Plan (Review 2006) in that the

proposal will have an impact on the setting of a Grade I Listed Building

(St Mary's Church) and a Grade II Listed Wall.

(b) That the proposal is contrary to Policy DC4 of the Hampshire Core Strategy

and Policy HE.5 of the Winchester District Local Plan (Review 2006) in that

the proposal will have an impact of the Avington Conservation Area due to its

appearance and location.

224. THE DEVELOPMENT OF LAND TO RETAIN AS A PERMANENT

RECYCLING FACILITY WITHOUT COMPLYING WITH CONDITION

(2) (TIME LIMIT) AND CONDITION (13) (RESTORATION) OF

PLANNING PERMISSION TVS01051/9 AT BUNNY LANE, TIMSBURY

(APPLICATION NO. 08/00887/CMAS) (COUNTY COUNCIL REF. TV066)

Messrs Mark Middleton, Manager of R. F. Salvidge Farms Limited,

Mark Howard, Managing Director of R. F. Salvidge Farms Limited and

John Salmon the applicant's agent made deputations in respect of this item.

A copy of the representations from the deputees was circulated to Members.

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

development of land to retain the existing temporary recycling facility as a

permanent recycling facility without complying with Condition (2) (time limit) and

Condition (13) (restoration) of Planning Permission TVS01051/9 at Bunny Lane,

Timsbury.

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

asked of the deputees.

The Head of Planning and Development advised that he had received an objection

from Michelmersh and Timsbury Parish Council on the grounds of noise levels but

the Parish Council had recommended that a 5 year extension of time and the

retention of the connection between the application site and the Bunny Lane

Landfill site. However, no objections had been received from the Environment

Agency, Test Valley Borough Council, the Local Member Councillor Woodhall or

the adjacent Local Member Councillor Perry. Councillor Woodhall had indicated

his support for the retention of the facility and supports the recommendation. Test

Valley Borough Council's Economic Development Officer had indicated his

support for the application as a local employer of the area subject to local concerns.

The Head of Planning and Development further advised that the main concern with

this site was the future development of the adjacent Hunts Farm Quarry and that

was why a temporary extension of 7 years was being proposed.

In considering the application, Members noted issues associated with the

landscape, amenity, need and traffic. The application was a departure from the

Local Plan and that a further period of extension of time was reasonable. The Head

of Planning and Development advised that the 7 years was proposed because of the

uncertainty of the future of the area and until plans in relation to the use of the

Bunny Lane site were agreed it was not appropriate at this time to grant permanent

permission.

Members considered that a Liaison Panel should be established, that a further

condition should be added requiring lorries to be sheeted and wheel washing.

RESOLVED:

That planning permission be granted for the development of land to retain the

existing temporary recycling facility as a recycling facility for a temporary period

of seven years only without complying with Condition (2) (time limit) and

Condition (13) (restoration) of Planning Permission TVS01051/9 subject to the

establishment of a Liaison Panel and further conditions requiring lorries to be

sheeted and wheel washing.

225. EXTENSION AND REFURBISHMENT OF EXISTING EDUCATION

CENTRE AND NEW CONSULTING ROOMS FOR THE NHS CHILD AND

ADOLESCENT MENTAL HEALTH TEAM AT THE BRIDGE

EDUCATION CENTRE, 2C NEWTOWN ROAD, EASTLEIGH

(APPLICATION NO. S/08/62386) (COUNTY COUNCIL REF: EAE033)

Councillor Mrs P. Dickens declared a personal interest as an NHS employee.

Mrs Maria McClelland made a deputation on behalf of herself and residents in

George Street in respect of this item.

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

(Item 9 in the Minute Book) on an application for planning permission for the

extension and refurbishment of the existing education centre and new consulting

rooms for the NHS Child and Adolescent Mental Health Team at The Bridge

Education Centre, 2c Newtown Road, Eastleigh.

In considering the application, Members noted the main issue of the impact of the

2 storey building on the northern elevation and the visual impact of the building in

relation to residents in George Street.

The Head of Planning and Development advised that there is a clear need for the

development and that Councillor Davies-Dear, the Local Member and Councillor

Broadhurst, the adjacent Member supported the proposals.

Some Members expressed concern about the impact of massing and the proximity

of the development to the neighbouring houses and considered that the

development should be redesigned to provide greater privacy for the residents.

Members agreed that the application should be deferred to enable the Architect to

revisit the specific objection and reconsider the plans.

RESOLVED:

That planning consent for the extension and refurbishment of existing education

centre and new consulting rooms for the NHS Child and Adolescent Mental Health

Team at The Bridge Education Centre, 2c Newtown Road, Eastleigh (Application

No. S/08/62386) (County Council Ref: EAE033) be deferred to enable the

Architect to revisit the specific objective and reconsider the plans and that a further

report be submitted to the next meeting on 25 June 2008.

226 APPLICATION FOR A DEFINITIVE MAP MODIFICATION ORDER TO

RECORD A FOOTPATH BETWEEN BYWAY OPEN TO ALL TRAFFIC 39

AND FOOTPATH 18, HORNDEAN

Mr Bill Evershed made a deputation in respect of this item.

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

(Item 12 in the Minute Book) on an application for a Definitive Map Modification

Order to record a Footpath between Byway Open to All Traffic 39 and Footpath

18, Horndean.

RESOLVED:

That a Definitive Map Modification Order be made to record a footpath between

Byway Open to All Traffic (BOAT) 39 to Footpath 18 in Horndean, between points

A and C and between points A and D, as shown on the map attached to the report, at

a width of 1.5 metres

227. LAND SOUTH OF CRISWICK CLOSE AND FRONTING RED RICE

ROAD, ABBOTTS ANN, NEAR ANDOVER - PROPOSED NEW CHURCH

OF ENGLAND PRIMARY SCHOOL WITH CAPACITY OF 120 PUPILS TO

REPLACE EXISTING SCHOOL WHICH IS INADEQUATE FOR

ABBOTTS ANN CHURCH OF ENGLAND PRIMARY SCHOOL

(APPLICATION NO. 08/00910/HCC3N)

(COUNTY COUNCIL REF: TVE055)

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 the

construction of a replacement primary school with associated groundworks,

landscaping and car parking to accommodate 120 pupils on land south of Criswick

Close and fronting Red Rice Road, Abbotts Ann, near Andover.

The Head of Planning and Development circulated to Members an amended plan

with changes to the location and parking. He confirmed that if the Secretary of State

for the Department of Communities and Local Government does not call in the

application then any resolution to grant planning permission would then be

implemented.

In considering the application, Members noted the application was a departure from

the Test Valley Borough Local Plan but that there was a need to replace the school

building as the existing school is cramped and inadequate and the playing field is

detached. The prime reason for the relocation is educational.

Members noted that there were 90 children on the existing school roll with 22 staff

and the new school is proposed as 120 places. A Member raised concerns about the

farmland on which the new school would be built and questioned whether a field

survey had been carried out to find out if Skylarks were nesting.

The Committee was concerned that the proposed development should not engender

traffic problems for the local residents or the village as a whole. Given the isolated

nature and small size of the village it is unlikely that many of the 22 staff will live

in the village and they will therefore need to travel from other areas to the school for

work. As public transport is poor most staff will need to travel by car. Consequently

the proposed parking provision of 10 places was considered inadequate to cater not

only for the 22 staff but for the casual visitors, maintenance personnel etc. The

Committee therefore proposed that the parking provision should be increased to 15

spaces.

The Head of Planning and Development advised that in line with County Council

and Government policies an adequate amount of parking had been provided and he

considered that a maximum of 6 parking spaces is the required standard and the 10

spaces shown is generous for the size school.

RESOLVED:

That subject to completion of the departure procedures, planning permission in

respect of the proposed replacement of Abbotts Ann Church of England

Primary School on land south of Criswick Close and fronting Red Rice Road,

Abbotts Ann, near Andover (Application No. 08/00910/HCC3N) (County Council

Ref: TVE 055) be granted for the reason set out in the report and subject to the

conditions set out in Appendix 1 of the report and further that 5 additional car

parking spaces be provided.

228. REPORT ON THE DECISION OF THE COURT OF APPEAL IN THE CASE

OF R (ON THE APPLICATION OF THE WARDEN AND FELLOWS OF

WINCHESTER COLLEGE AND HUMPHREY FEEDS LIMITED) V

HAMPSHIRE COUNTY COUNCIL AND THE SECRETARY OF STATE

FOR THE ENVIRONMENT FOOD AND RURAL AFFAIRS

To consider a report of the Chief Executive (Item 10 in the Minute Book) on the

decision of the Court of Appeal into a judicial review relating to a claim that

applications considered by this Committee were not properly made and that rights of

way for mechanically propelled vehicles over the claimed routes were not, therefore,

preserved by s.67(3) Natural Environment and Rural Communities Act 2006.

The Director of Recreation and Heritage advised that Judge Dyson in his case had

made it clear that an application should consist of a form, map and accompanying

documents and if it did not then it did not comply with Schedule 14 to the Wildlife

and Countryside Act 1981 and was not properly made.

In response to a Members question about costs to the County Council, the Chief

Executive advised that confirmation of costs had not yet been received.

RESOLVED:

That the report be noted.

229. APPLICATION FOR A PUBLIC PATH DIVERSION ORDER FOR PART

OF FOOTPATH NO. 42 IN THE BOROUGH OF FAREHAM

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. 42 in the Borough of Fareham.

RESOLVED:


That an Order be made for the diversion of section A-B-C of Footpath No. 42 in

the Borough of Fareham from the current definitive alignment to a new route

running between points A,D, E and F as shown on the map attached to the report.

230. PROPOSAL FOR THE DEDICATION OF A FOOTPATH BETWEEN

MARINE PARADE EAST AND HIGH STREET ACCESS ROAD AT

LEE-ON-THE-SOLENT, GOSPORT

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

13 in the Minute Book) on a proposal for the Dedication of a Footpath between

Marine Parade East and High Street Access Road at Lee-on-the-Solent, Gosport.

RESOLVED:

That consent be given to the acceptance of the deed of dedication for a public

footpath 2 metres wide at the edge of the property belonging to McCarthy and

Stone, as shown between points C and D on Plan 1 attached to the report and the

extinguishment of any public footpath rights on the route between points A and B

as shown on Plan 2, the two events being conditional upon each other.