Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of the HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 23 July 2008.

PRESENT:

Chairman:

p Councillor R.C. McIntosh

Vice-Chairman

p Councillor I.F.E. Beagley

Councillors:

249. APOLOGIES FOR ABSENCE

Apologies for absence were submitted on behalf of Councillors J.V. Bryant, D, Simpson and J.K. West.

250. 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.

251. MINUTES

The Minutes of the meeting of the Committee held on 25 June 2008 were received but not confirmed as a correct record and not signed by the Chairman.

Arising thereon:

Minute 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 Bailey stated that at the meeting she had asked for an amendment to the resolution with regard to the extra condition being agreed that if the building was no longer used for agricultural purposes that it should be removed. Members agreed that clarification should be sought on the facts and that they should be notified accordingly.

NOTE: Subsequent to the meeting, an email has been sent to all Members of the Regulatory Committee confirming that a written undertaking has been received from the Estates Practice of Property, Business and Regulatory Services that if the proposed building ceases to be used for agricultural related purposes that it will be removed on the basis that it is redundant to agricultural purposes and being adjacent to a Public Right of Way.

252. CHAIRMAN'S COMMUNICATIONS

The Chairman had no communications on this occasion.

253. 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 item 6 see Minute 254.

254. CONSTRUCTION OF A 200 METRE LONG ALL WEATHER ATHLETICS TRACK WITH LONG JUMP, FENCING, FLOODLIGHTING AND ASSOCIATED ENGINEERING WORKS AT WYVERN TECHNOLOGY COLLEGE, BOTLEY ROAD, FAIR OAK, NEAR EASTLEIGH (APPLICATION NO. S/08/62774) (COUNTY COUNCIL REF: EAE025)

Mr J. F. M. Bromley made a deputation in respect of this item.

The Committee considered a report of the Head of Planning and Development on an application for planning permission for the construction of an all weather athletics track including long jump and associated floodlighting, fencing and related engineering works on an existing multi-sports area at Wyvern Technology College, Botley Road, Fair Oak, near Eastleigh.

In considering the application, Members noted the main issues associated with the development, namely that there is a need to improve the youth sport facilities in the area which is supported by Eastleigh Borough Council, the proposed hours of working are exactly the same as those currently in place for the tennis courts at the College, that there is a Site of Interest for Nature Conservation (SINC) nearby but Ecologists are satisfied that there are measures in place to protect the amenity and the SINC and the residential properties are beyond the mature woodland.

Standing Order 21 was suspended to allow questions of clarification of facts to be asked of the deputee.

The Head of Planning and Development advised that as a result of discussions with the applicant and lighting engineers the lighting had been reduced to ensure that all the light would be within the playing field and not in the woodland and that the strength of the lighting had been changed to a 2 lux, equivalent to bright moonlight.

During discussion, Members noted that the site chosen did not influence other sports pitches in the area and topography and that there would be significant issues in moving the site in relation to the existing facilities. The reason for choosing this site is that it is the best location the site overall has to offer with the least disruption to facilities. The woodland was deciduous with mature trees and understorey and that additional planting in front of the woodland was proposed. Members also noted that a school management plan was in place and thus the track would be managed in the same way that the College manages the existing facilities and that visitors to the College would use the existing parking.

A Member considered that the six 12 metre high floodlights were unnecessary on a running track, that the lack of toilets was an issue and the lighting period, up until 10.15pm unnecessary.

There was a proposal that the facilities should not be used for competition events outside the normal school day which was proposed and seconded but defeated 4 - 5. There was a proposal that an additional condition on the timing for the completion of the landscaping between the track and the woodland should be added which was proposed and seconded and agreed.

RESOLVED:

That planning permission in respect of the construction of a 200 metre long all weather athletics track with long jump, fencing, floodlighting and associated engineering works at Wyvern Technology College, Botley Road, Fair Oak near Eastleigh be granted for the reason set out in the report, subject to the conditions set out in Appendix 1 of the report and subject to an additional condition on the timing for completion of the landscaping between the track and the woodland.

Agreed with amendment 9 for with Councillors Hockley and Neal against.

255. CONSTRUCTION OF A WASTEWATER PUMPING STATION,

INCLUDING: CHANGE OF USE OF LAND TO BE LEASED BY

SOUTERN WATER, CONSTRUCTION OF MOTOR CONTROL

CENTRE KIOSK, CONSTRUCTION OF TWO VENT COLUMNS,

STEEL PALISADE FENCE AROUND AREA OF THE PUMPING

STATION PERMANENT ACCESS ROAD OFF HIGHBRIDGE

ROAD, CHANGE OF GROUND LEVELS AT HIGHBRIDGE ROAD

WASTEWATER PUMPING STATION, HIGHBRIDGE ROAD,

BRAMBRIDGE, EASTLEIGH

(APPLICATION NO. 08/00958/HCS) (COUNTY COUNCIL REF:

WR213)

The Committee considered a report of the Head of Planning and

Development on an application for planning permission for the construction

of a wastewater pumping station and associated works on agricultural land to

the west of the junction of Highbridge Road and Kiln Lane, Brambridge.

In considering the application, Members noted the issues of landscape, need and traffic. In addressing the landscape, additional native planting to match the existing is proposed but the visual impact of the proposal was a ground for objection by Winchester City Council and local residents. There is a need to protect a number of houses from sewage and flooding risk. In terms of traffic, this had also been objected to by Winchester City Council and local residents as the entrance is opposite houses and close to the road junction and they have asked for an alternative access on Kiln Lane.

The Head of Planning and Development advised that a recently submitted

plan had included additional landscaping which would satisfactorily screen

the site. The proposed access would not be affected by the present planting,

whereas the planting on Kiln Lane would be damaged by an access.

Furthermore the access off Kiln Road is inappropriate for lorries and trees

would have to be removed.

The Head of Planning and Development drew Members' attention to details

of the visibility at the access to the site which had been submitted after

publication of the report and had been found to be satisfactory. He advised

that a proposed footpath by Hampshire County Council's Rights of Way had

been negotiated with Winchester City Council for a public right of way along

Kiln Lane to Highbridge Road.

Members requested that details of the landscaping scheme should be

submitted within 3 months of the development commencing and not 12

months as stated in Condition (5). The Head of Planning and Development

agreed to this amendment and added that this would be subject to phasing and

timescales with regard to works on site and the completion of the footpath.

During discussion a Member queried why the hours of working in paragraph

3.6 of the report were different to those set out in Condition (2) and the Head

of Planning and Development confirmed that the hours of working set out in

Condition (2) of Appendix 1 of the report were correct, namely 0800 to 1800

Monday to Friday inclusive and 0800 to 1400 on Saturday.

In response to a Member's concerns about the narrowed entrance and

surrounding landscape, the Head of Planning and Development advised that

the visibility splays had been checked by the Highways Department who are

satisfied and the narrowing of the access to a standard 3 metres was sufficient

for large vehicles. The fencing would be standard Southern Water style

palisade fencing and there was the potential for a regressive colour to be

considered.

RESOLVED:

That planning permission in respect of the application for the construction of

a wastewater pumping station, including : change of use for the land to be

leased by Southern Water, construction of motor control centre kiosk,

construction of two vent columns, steel palisade fence around the area of the

pumping station, permanent access road off Highbridge Road, Eastleigh

(08/00958/HCS) be granted for the reason set out in the report, subject to the

conditions set out in Appendix 1 of the report and subject to Condition (2)

hours of working and the amendment of Condition (5) to submit landscaping

plans within 3 months of the development commencing.

Agreed 12 For 0 Against

256. RECONSIDERATION OF THIS COMMITTEE'S DETERMINATION

OF TWO APPLICATIONS FOLLOWING A DECISION OF THE

COURT OF APPEAL IN THE CASE OF R (ON THE APPLICATION

OF WINCHESTER COLLEGE AND HUMPHRE SECRETARY OF

STATE FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS

The Committee considered a report of the Director of Recreation and

Heritage on the reconsideration of this Committee's determination of two

applications following the decision of the Court of Appeal in the case of R

(on the application of Winchester College and Humphrey Foods Limited) ) v

Hampshire County Council and the Secretary of State for Environment, Food

and Rural Affairs.

RESOLVED:

That the decisions to rescind the Map Modification Orders for the addition to

the Definitive Map of a Byway Open to All Traffic between Egbury and

Dunley in the parishes of St Mary Bourne and Litchfield and Woodcott and

the Map Modification Order to upgrade to a Byway Open to All Traffic

Footpath 13 in the parish of Litchfield and Woodcott

Agreed 12 For 0 Against

257. PROPOSAL TO RECORD A PUBLIC BRIDLEWAY BETWEEN

WATERY LANE AND `TRYPLETS' IN CROOKHAM VILLAGE

PARISH

The Committee considered a report of the Director of Recreation and

Heritage on a proposal to record a public bridleway between Watery Lane

and `Tryplets' in Crookham village parish.

The Director of Recreation and Heritage agreed to clarify which was the relevant Local Member to the site and if the Member differed to that mentioned in the report consult with the correct Member about the proposal.

RESOLVED:

That an Order be made to record the route A-B-C, as shown on the map

attached to the report as a bridleway on the definitive map of public rights of

way, at a width of 3 metres.

Agreed 12 For 0 Against

258. APPLICATION FOR A DEFINITIVE MAP MODIFICATION ORDER

TO RECORD A FOOTPATH FROM THE ODIHAM ROAD TO THE

BASINGSTOKE ROAD VIA POUND COPSE , HECKFIELD

The Committee considered a report of the Director of Recreation and

Heritage on an application for a Definitive Map Modification Order to record

a Footpath from the Odiham Road to the Basingstoke Road via Pound Copse,

Heckfield.

The Director of Recreation and Heritage referred to comments received from

the Agent to the Trustees of the Estate which had been circulated to Members

prior to the meeting.

RESOLVED:

That the application to record a footpath between Odiham Road and the

Basingstoke Road via Pound Close, in Heckfield as shown between points

A-B-C on the map attached to the report be refused.

Agreed 11 For 0 Against Councillor Neal was not present for this item.

259. APPLICATION FOR A PUBLIC PATH DIVERSION ORDER FOR

PART OF FOOTPATH NO. 1 IN THE PARISH OF BISHOPS

WALTHAM

The Committee considered a report of the Director of Recreation and

Heritage on an application for a Public Path Diversion Order for part of

Footpath No. 1 in the Parish of Bishops Waltham.

The Director of Recreation and Heritage pointed out an amendment to

paragraph 3.3 of the report which should have read Winchester City Council

and not Eastleigh Borough Council.

RESOLVED:

That an Order be made for the diversion of section A-B-C of Footpath No.1

in the Parish of Bishops Waltham from the current definitive alignment to a

new route running between points A, D, and C on the map attached to the

report.

Agreed 12 For 0 Against

260. REQUEST FOR DELEGATED POWERS FOR OFFICERS TO

WAIVE NON-COMPLIANCE IN APPLICATIONS MADE UNDER

SECTION 53 (5) OF THE WILDLIFE AND COUNTRYSIDE ACT 1981

The Committee considered a report of the Director of Recreation and

Heritage requesting delegated powers for officers in the Rights of Way

section when processing applications made under section 53(5) of the

Wildlife and Countryside Act 1981 that do not comply with the

requirements of Schedule 14 to that Act, to decide whether or not non-

compliance in any particular application should be waived.

RESOLVED:

That the request for officers responsible for investigating applications

under section 53 (5) of the Wildlife and Countryside Act 1981 be given

delegated powers to decide whether or not non-compliance with Schedule 14

of the Act should be waived with regard to those applications be agreed.

Agreed 12 For 0 Against

261. FOOTPATH AT BRIDGEMARY SCHOOL, GOSPORT - RECISION

OF DECISION THAT A SPECIAL EXTINGUISHMENT ORDER BE

MADE

The Committee considered a report of the Director of Environment on the

recision of the decision made at the Regulatory Committee meeting on

5 January 2005 that a Special Extinguishment Order be made in respect of a

Footpath that runs between the School grounds.

The Chief Executive presented the report on behalf of the Director of

Environment and circulated a copy of the original plan which accompanied

the original report dated 5 January 2005.

Members noted that Councillor Wright is the Local Member. Members were

concerned about the high levels of pedestrian movements logged which had

confirmed the level of use of the path and the fact that the footpath divided

the School and the playing field. It was felt that the item should be deferred

so that further information on the points mentioned could be provided and

clarified.

RESOLVED:

That the request to rescind the decision made by the Regulatory Committee

on 5 January 2005 be deferred to enable the officers time to seek further

information and report back to Committee on 3 September 2008 to clarify the

issues above.

Agreed 12 For 0 Against

Meeting ended at 12 noon.