Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of the HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 25 June, 2008.

PRESENT:

Chairman:

p Councillor R.C. McIntosh

Vice-Chairman

p Councillor I.F.E. Beagley

Councillors:

Also in attendance: Councillor M. Kemp-Gee for items 6 and 7; Mrs. J. Porter for item 13.

231 APOLOGIES FOR ABSENCE

Apologies for absence were submitted on behalf of Councillors Mrs P. Dickens, D. Gillett, B.T. Gurden, R.H. Price and D. Simpson; Councillor Price's absence was by reason of his being engaged on Fire Authority business elsewhere.

232 DECLARATIONS OF INTEREST

Members were mindful that, where they believed they had a personal or personal prejudicial interest in any matter to be considered at the meeting, they should normally at the time of the debate declare their 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 was discussed.

233 MINUTES

The Minutes of the meeting of the Committee held on 21 May 2008 were confirmed as a correct record and signed by the Chairman, subject to clarification of what was meant by the words in the last line of the preamble to Minute 224.

234 CHAIRMAN'S COMMUNICATIONS

The Chairman had no communications on this occasion.

235 DEPUTATIONS

Members were reminded that they had approved a scheme which involved the suspension of Standing Order 21 to allow Members to ask questions of deputees. Standing Order 21 would be suspended to allow questions of clarification of facts to be put to all deputations on an agenda item. Questions from Committee Members would be asked through the Chairman who might seek the advice of the Committee's legal and other advisers as appropriate: the Chairman's decision on a question would be final. Local Members who requested to speak at the Committee might also be asked questions. Deputations had been duly notified in respect of items 6, 12, 16 and 17 on the agenda - see Minutes 236, 242, 246 and 247 respectively.

236 IMPORTATION OF COMPRESSED NATURAL GAS BY TRAILER AND DISCHARGE TO GENERATE ELECTRICITY INVOLVING THE SETTING OUT OF A TRAILER DISCHARGE AREA WITHIN WESTON COMMON WELLSITE, THE AVENUE, LASHAM
(APPLICATION NO. BDB/67621) (COUNTY COUNCIL REF: BA057)

Mr. Ian Lansley and Mr. Michael Neale of the Avenue Residents Association made a deputation in respect of this item. Standing Order 21 was suspended to allow questions of clarification of facts to be asked of the deputees.

Councillor M. Kemp-Gee, Local Member, attended the meeting and spoke of his concerns at the number of lorry movements involved and the potential risks to local residents along the routes which would be taken by tankers delivering compressed gas from Singleton via Petersfield and Alton to Lasham.

The Committee considered a report to the Head of Planning and Development (Item 6 in the Minute Book) on the application for planning permission for the importation of compressed natural gas at Weston Common Wellsite, The Avenue, Lasham.

During discussion, Members drew attention to the following issues of concern:

· Numbers of lorry movements to and from the site


· The need for an independent risk assessment


· The possibility of a temporary planning permission


· The relative economic, practical and planning merits of using the natural gas to generate electricity at its source, Singleton, rather than transporting it to Hampshire and generating electricity at Lasham


· The need for consultation with the Fire and Rescue Service on the potential dangers


· The need for consultation with local communities along the route which would be used by the gas tankers


The Committee felt that they needed further information on the above points and that they did not have sufficient information to enable them to grant or refuse planning permission for the development proposed at this stage. It was therefore

RESOLVED:

That consideration of the application by Star Energy Limited for importation of compressed natural gas by trailer and its discharge to generate electricity at Weston Common Wellsite, The Avenue, Lasham, (Application No. BDB/67621) (County Council Ref: BA057) be deferred to enable more information to be provided on the points summarised in this minute.

237 PROPOSED VARIATION OF CONDITION 5 OF PLANNING PERMISSION BDB46946, F26326/9/CMA, 00/00024/CMA TO ALLOW THE EXPORT OF OIL FROM THE SITE BY ROAD TANKER RATHER THAN PIPELINE FOR A TEMPORARY PERIOD OF SIX MONTHS AT HUMBLY GROVE OILFIELD, WESTON COMMON, THE AVENUE, LASHAM, ALTON
(APPLICATION NO. BDB/68613) (COUNTY COUNCIL REF: BA0570)

Councillor M. Kemp-Gee, local County Councillor, spoke on this item and expressed no opposition.

The Committee considered a report of the Head of Planning and Development (Item 7 in the Minute Book) on an application for variation of Conditions to allow the export of oil from the site by road tanker rather than pipeline for a temporary period of six months at Humbly Grove Oilfield, Weston Common, The Avenue, Lasham. In answer to questions, it was confirmed that the proposed route for lorries transporting the oil would be westwards along the Avenue and then southwards along A339 to the A31 Alton By-Pass.

The main concerns expressed by Members were at the number of lorry movements and the hours of operation.

RESOLVED:

That planning permission in respect of proposed variation of Condition 5 of Planning Permission BDB46946, F26326/9/CMA, 00/00024/CMA to allow the export of oil from the site by road tanker by rather than pipeline for a temporary period of six months at Humbly Grove Oilfield, Weston Common, The Avenue, Lasham. (Application No: BDB/68613) (County Council Ref BA0570) be granted for the reason given in the report, subject to the conditions set out in Appendix 1 of the report, and also subject to conditions controlling:

· Numbers of lorry movements


· Hours of operation

238 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)

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 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. The Committee had previously deferred consideration of this application at their meeting on 21 May.

Members debated the changes in design and landscaping proposed by the architect in response to representations previously made by a resident of one of the adjoining houses. Most Members considered that the County Council had gone some way towards meeting her concerns, although some felt the changes were not substantial enough.

RESOLVED:

That 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 (Application No: S/08/62386) (County Council Ref: EAE033) be granted for the reasons given in the report and subject to the conditions set out in Appendix 1 of the report.

239 ERECTION OF A STEEL FRAMED COVERED YARD TO HOUSE LIVESTOCK AND PROVISION OF AN ASSOCIATED DUNGSTEAD AT ATTWOODS DROVE FARM, ATTWOODS DROVE, COMPTON, NEAR WINCHESTER (APPLICATION NO. 08/00956/HCS - W21104) (COUNTY COUNCIL REF: WRG027)

Councillor Mrs. C.A. Bailey declared a personal interest in this item by reason of her acquaintance with the tenant.

The Committee considered a report of the Head of Planning and Development (Item 9 in the Minute Book) on the proposed erection of a steel covered yard to house livestock and dungstead at Attwoods Drove Farm, Attwoods Drove, Compton, Winchester. The Committee considered the objections raised, but concluded that the proposed buildings were required for essential agricultural purposes associated with a dairy farm holding. Although it was difficult to envisage any other uses for the type of building proposed, Members considered that there should be a condition limiting its use to agricultural purposes only.

RESOLVED:

That planning permission in respect of the erection of a steel framed covered yard to house livestock and provision of an associated dungstead at Attwoods Drove Farm, Attwoods Drove, Compton, Winchester (Application No: 08/00956/HCS) (County Council ref: WRG027) be granted for the reason given in the report, and subject to the conditions set out in Appendix 1 of the report, and subject to a condition that the building should be used for agricultural purposes only.

240 CHANGE OF USE OF AN AGRICULTURAL BUILDING AND ADJOINING LAND FOR THE STORAGE AND PROCESSING OF BUILDERS' WASTE AT HEBERDENS FARM, FINCHDEAN (APPLICATION NO.F22407/004/CMA) (COUNTY COUNCIL REF: EH158)

It was reported that this application had been withdrawn by the applicant.

241 LAND ADJOINING M3 MOTORWAY AT ANDWELL LANE, ANDWELL, BASINGSTOKE - CONSTRUCTION OF A NOISE BUND (APPLICATION NO. BDB/68299) (COUNTY COUNCIL REF: BA126)

The Committee considered a report of the Head of Planning and Development (Item 11 in the Minute Book) on an application for planning permission for the construction of a noise attenuation bund along the northern boundary of the M3 Motorway at Priory Farm, Andwell Lane, Andwell, Basingstoke. A replacement front page of the report was circulated to show that the applicant was WAT Stacy and Partners, not Basingstoke and Deane Borough Council; and a plan showing the precise location of the bund was also circulated.

The Committee considered the objection by Basingstoke and Deane Borough Council, the numbers of lorry movements involved - 35 a day, and balanced these against the claimed acoustic and environmental improvements which a landscaped noise bund would afford. Most Members were opposed to a development which amounted to land raising through the use of inert spoil material, and considered that the benefits were insufficient to justify the noise, disruption and environmental impact. It was therefore

RESOLVED:

That planning permission for the construction of a noise bund on land adjoining the M3 Motorway at Andwell Lane, Andwell, Basingstoke (Application No: BDB/68299) (County Council ref: BA126) be refused for the following reasons:

The proposal is contrary to Policy DC14 of the Hampshire Portsmouth Southampton and New Forest National Park Minerals and Waste Core Strategy (July 2007) in that it is not a site identified for landfill use.

The proposal is contrary to Policy DC3 of the Hampshire Portsmouth Southampton and New Forest National Park Minerals and Waste Core Strategy (July 2007) and Policy E6 of the Basingstoke and Deane Borough Adopted Local Plan 1996-2011 (July 2006) in that it would have an unacceptable visual impact by introducing an intrusive and artificial feature into the landscape, and the noise attenuation would be insignificant and insufficient to outweigh the landscape impact.

242 APPLICATION FOR A DEFINITIVE 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

Mrs Sheila Chambers, local resident, and Mr. R.L. Stubbs, agent for the landowner, made deputations in respect of this item. The Committee also had before them a letter of representation dated 19 June from Mr. Stubbs.

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 from Totsome Cottages, Knowle to Footpath 86, Fareham and an associated investigation into Footpaths from Totsome Cottages to Footpath 16, Wickham.

The Committee proceeded to examine the evidence in detail, and the contention that there could not be a dedication under Section 31 of the Highways Act 1980 which included any period during which the land was property of the Crown. Officers commented that whilst it was true that the Crown did not have the capacity to dedicate under Section 31, it was considered that a dedication under Section 31 takes place at the end of a relevant 20 year period and, therefore, so long as the dedication took place at a time when the land was not owned by the Crown, there was no reason why the 20 year period could not include a time when the land was under the ownership of the Crown, though Members could take an alternative view. Officers further commented that, in each case, there was a reasonable allegation that the paths had been dedicated as public footpaths at common law, possibly in or around 1930. Several Members of the Committee had taken the opportunity to visit the area and see the alignment of the claimed footpaths. The Committee considered the evidence of public use over the routes in question and concluded that there was a reasonable allegation that there subsisted public footpaths in both cases.

RESOLVED:

(i) Path D-I-E


· That the non-compliant application made under Section 53(5) of the Wildlife and Countryside Act 1981 to record a footpath over the route shown in blue as D-I-E on appendix 1 to the report be treated as compliant and that this application be determined under paragraph 3(i) of the Schedule 14 to that Act.


· That the application be accepted and an Order be made to modify the definitive map and statement so as to show a public footpath over the route shown as D-I-E on appendix 1.


· That the section of path shown as D-I on appendix 1 be recorded with a width of 4 metres and that the section of path shown as I-E be recorded with a width varying between 3.3 and 4 metres along its length.


(ii) Path A-C


· That following the discovery of evidence suggesting that the Definitive Map requires modification, an Order be made under Section 53(2) of the Wildlife and Countryside Act 1981 to modify the definitive map and statement so as to show a public footpath over the route shown as A-C on appendix 1 to the report.


· That the path be recorded with a width varying between 2.4 metres and 3.5 metres along its length.

243 REVIEW OF APPLICATIONS FOR DEFINITIVE MAP MODIFICATION ORDERS TO UPGRADE ROAD USED AS A PUBLIC PATH (NOW RESTRICTED BYWAY) NO. 16 IN THE PARISH OF TWYFORD AND BRIDLEWAY NO. 3 IN THE PARISH OF CHILCOMB TO BYWAYS OPEN TO ALL TRAFFIC (CLAIM NUMBERS 869 AND 535)

Councillor Mrs. J. Porter attended the meeting as local Member and spoke of the desire of Chilcomb Parish meeting for the section of the report relating to Chilcomb to be deferred to enable them to adduce further evidence on the true status of Bridleway No. 3.

The Committee considered a report of the Director of Recreation and Heritage (Item 13 in the Minute Book) on the review of applications for Definitive Map Modification Orders to upgrade Road used as a Public Path (now Restricted Byway) No. 16 in the Parish of Twyford and Bridleway No. 3 in the Parish of Chilcomb to Byways Open To All Traffic. The Director of Recreation and Heritage explained the import of the recent Court of Appeal decision; and the provisions of the Natural Environment and Rural Communities Act 2006 insofar as they related to these claims. Members supported the proposed approach on the understanding that there would be a further consultation with Chilcomb Parish Meeting to enable them to adduce any further relevant evidence.

RESOLVED:

(i) That the Committee's decision on 22 March 2006 (Minute 120) be rescinded.


(ii) That the application to upgrade Twyford Road Used as a Public Path No. 16 be refused and that no Order be made in respect of this route.


(iii) That the application to upgrade Chilcomb Bridleway No. 3 be refused, but that an Order be made under Section 53(2) of the Wildlife and Countryside Act 1981 (following the discovery of evidence which shows that the definitive map and statement require modification) to upgrade this route to Restricted Byway with a width varying between 2.5 and 3 metres, and that there should be further consultation with Chilcomb Parish Meeting to establish whether they have any further relevant evidence.

244 REVIEW OF APPLICATIONS TO UPGRADE ROADS USED AS A PUBLIC PATH NOS. 31 AND 51 IN THE PARISH OF OWSLEBURY AND ROAD USED AS A PUBLIC PATH NO. 52 IN THE PARISHES OF OWSLEBURY AND FAIR OAK AND HORTON HEATH TO BYWAYS OPEN TO ALL TRAFFIC (CLAIM REFERENCES 864, 866 AND 867)

The Committee considered a report of the Director of Recreation and Heritage (Item 14 in the Minute Book) on a review of applications to upgrade these Roads Used As a Public Path to Byways Open to All Traffic.

RESOLVED:

(i) That the Committee's decision of 26 April 2006 (Minute 131) be rescinded.


(ii) That the applications for Owslebury Restricted Byways Nos. 31, 51 and 52 be refused and that no Orders should be made as a result of those applications.

245 RECONSIDERATION OF THIS COMMITTEE'S DETERMINATION OF THREE APPLICATIONS FOLLOWING THE DECISION OF THE COURT OF APPEAL IN THE CASE OF R (ON THE APPLICATION OF WINCHESTER COLLEGE AND HUMPHREY FEEDS LIMITED) V HAMPSHIRE COUNTY COUNCIL AND THE SECRETARY OF STATE FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS

The Committee considered the report of the Director of Recreation and Heritage (Item 15 in the Minute Book) on the implications of the Appeal Decision in relation to rights of way in Alton/Chawton, Bramshaw and Copythorne.

RESOLVED:

(i) Application for a Definitive Map Map Modification Order to add a byway open to all traffic along Mounter's Lane in the Town of Alton and the Parish of Chawton


· That the decision contained in Minute 125 to the meeting of 27 June 2007 be rescinded.


· That, insofar as it relates to route B-C (as shown on Appendix 2 to the Report), the application for a Definitive Map Modification Order be accepted and that an Order be made to record B-C as a Byway Open to All Traffic with a minimum width of 4 metres and a maximum width of 7.5 metres, varying according to the historic boundaries of the route.


· That, insofar as it relates to route A-B and C-D (as shown on Appendix 2 to the Report), the application for a Definitive Map Modification Order be refused, but following the discovery of evidence which shows the Definitive Map and Statement require modification, an Order be made under section 53(2) of the Wildlife and Countryside Act 1981 to record route C-D as a Restricted Byway with a minimum width of 4 metres and a maximum width of 7.5 metres, varying according to the historic boundaries of the route.


(ii) Application for a Definitive Map Modification Order to upgrade to a byway open to all traffic Footpath 9 in the parish of Bramshaw


· That the decision contained in Minute 124 to the meeting of 27 June 2007 be rescinded.


· That the application for a Definitive Map Modification Order be refused, but following the discovery of evidence which shows the Definitive Map and Statement require modification, an Order be made under section 53(2) of the Wildlife and Countryside Act 1981 to upgrade Bramshaw Footpath 9 (as shown as A-B on Appendix 3 to the Report) to Restricted Byway.


(iii) Application for a Definitive Map Modification Order for the addition to the Definitive Map of a byway open to all traffic across Cadnam Common in the parish of Copythorne


· That the decision contained in Minute 126 to the meeting of 27 June 2007, where it relates to route A-B-F (as shown on Appendix 7 to the report) be rescinded (decisions made in Minute 126 relating to routes F-D and B-E still stand).


· That, insofar as it relates to route A-B-F, the application for a Definitive Map Modification Order be refused, but following the discovery of evidence which shows the Definitive Map and Statement require modification, an Order be made under section 53(2) of the Wildlife and Countryside Act 1981 to record route A-B-F (as shown on Appendix 4 to this Report) as a Restricted Byway with a width of 3 metres.

246 APPLICATION FOR A DEFINITIVE MAP MODIFICATION ORDER FOR THE ADDITION TO THE DEFINITIVE MAP OF FOOTPATHS AT BUSHFIELD CAMP AND BUSHFIELD DOWN IN WINCHESTER CITY AND IN THE PARISH OF COMPTON AND SHAWFORD

Councillor Mrs. C.A. Bailey declared that, before she became a Member of Regulatory Committee, she had made clear public statements in support of the application, which might amount to pre-determination. She therefore withdrew from the meeting during consideration of this item.

Mr. C. Jowett of Smiths Gore, acting on behalf of the Church Commissioners as landowners, spoke as a deputation on this item, with specific reference to the action taken by successive owners and site managers to show that the Bushfield site was private land and there was no intention to dedicate rights of public access. The Committee also had letters of evidence from the Church Commissioners on their approach to use of and access to the site by the public.

The Committee considered the report of the Director of Recreation and Heritage (Item 16 in the Minute Book) on the application for a Definitive Map Modification Order relating to footpaths at Bushfield Camp and Bushfield Down, Winchester City. Members accepted that there was extensive public use of the Bushfield area, for general recreational purposes. They saw no evidence of an intention to dedication footpaths on any specific alignment. It was therefore

RESOLVED:

That no Order be made in respect of the application for a Definitive Map Modification Order relating to claimed footpaths at Bushfield Camp and Bushfield Down, Winchester because the use made of the land over which the claimed paths run is predominantly as an open space, for general recreation, which includes walking; it had not been possible to distinguish any single route, or number of routes within the land, which were used predominantly as highways.

247 APPLICATION TO REGISTER LAND KNOWN AS TESTWOOD HOUSE FARM, TESTWOOD, TOTTON AS TOWN OR VILLAGE GREEN.

Mr. A. Groom, representing New Forest District Council, spoke as a deputation on this item.

The Committee considered the report of the Chief Executive (Item 17 in the Minute Book) on the application to register land known as Testwood House Farm, Testwood, Totton as town or village green under the Commons Registration Act 1965. The Committee considered the findings of the non-statutory public inquiry and it was

RESOLVED:

That the application under Section 13 of the Commons Registration Act 1965 to register Testwood House Farm, Testwood, Totton, as town or village green, be rejected, for the reasons set out in the report of the inspector, Stephen Morgan, attached as appendix 2 to the report.

248 APPLICATION TO REGISTER LAND KNOWN AS DONKEY DERBY FIELD, HAMBLE AS TOWN OR VILLAGE GREEN.

The Committee considered the report of the Chief Executive (Item 18 in the Minute Book) on the application to register this land as town or village green under the Commons Act 2006.

RESOLVED:

That, in connection with the application to register Donkey Derby Field, Hamble, as town or village green, a non-statutory public inquiry be held, an inspector being appointed in respect of the same, the inspector then to prepare a written report for the registration authority, with a recommendation to accede to or reject the application.

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