Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of the HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 3 September 2008.

Present:

Chairman:

p Councillor R.C. McIntosh

Vice-Chairman

p Councillor I.F.E. Beagley

Councillors:

Councillor Mrs West attended for Minute 267; Councillor Mrs McNair Scott attended for Minute 268; Councillor Edgar attended for Minute 270

262 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Gillett, James and Price.

263 DECLARATIONS OF INTEREST

Members were mindful that, where they believed they had a personal or 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, 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

264 MINUTES

The Minutes of the meeting of the Committee held on 23 July 2008 were confirmed as a correct record and signed by the Chairman subject, in minute 254 (last line), to the substitution of the words `2 against.' for the words `with Councillors Hockley and Neal against'. Standing Order 24(c) about the recording of a member's individual vote had not been invoked when the relevant vote had been taken.

265 CHAIRMAN'S COMMUNICATIONS

There were no communications from the Chairman on this occasion.

266 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 for clarification of facts 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. The deputations at the meeting had been notified of these arrangements.

267 CONSTRUCTION OF A CONCRETE RECYCLING SITE TO RECYCLE CONCRETE WASTE INTO SECONDARY AGGREGATE AT C.A. STEVENS TRANSPORT, OLD STOCKBRIDGE ROAD, GRATELEY, NEAR ANDOVER

The Committee considered the report of the Head of Planning and Development (Item 6 in the Minute Book).

Deputations were made by Mr N. Cooper, the applicant in support of the proposal, and from Councillor D. Shields of Grateley Parish Council opposing the proposal. Councillor Mrs P.A. West, the local County Councillor, supported the Parish Council.

Standing Order 21 was suspended to allow questions for clarification to be asked of the deputees.

The Committee had visited the site and were particularly mindful of the noise impact of the proposal. Members took into account the differences of view expressed by the deputations and the local member and discussed the interpretation of the noise impact assessment. A proposal was made by the Chairman that consideration of the application be deferred until the next meeting of the Committee so that the Officers could report further on the noise issue. The absence of a management plan was also noted.

RESOLVED:

That consideration of the application be deferred until the next meeting of the Committee.

Voting : 6 for; 5 against

268 CONSTRUCTION OF RETAINING WALL AND NOISE ATTENUATION BUND, CONSTRUCTION OF OFFICES, PROCESSING AND STORAGE BUILDING, DEMOLITION OF FOUR EXISTING BUILDINGS, ERECTION OF GROUND MOUNTED WEIGHBRIDGE, CHANGE OF USE OF GARDEN TO WASTE MANAGEMENT AREA, CHANGE OF USE FROM WASTE MANAGEMENT AREA TO GARDEN AT BROADVIEW, WOODS LANE, CLIDDESDEN, BASINGSTOKE (APPLICATION NO: BDB/69048) (COUNTY COUNCIL REF: BA127)

The Committee considered the report of the Head of Planning and Development on this application (Item 7 in the Minute Book). Councillor Gurden declared a personal interest in the matter as a member of Basingstoke and Deane Borough Council.

Mr. P. McQuilkin and Mr. N. Cobbald made a deputation opposing the proposal as did Councillor Alison Mossan of Cliddesden Parish Council. Mr. S. Corey, the Applicant's agent, made a deputation in support of the proposal. Councillor Mrs McNair Scott, the local County Councillor, supported the local residents' views.

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

The Committee noted the background to the proposal in the context of enforcement notices issued by Basingstoke and Deane Borough Council, and was aware that part of the site had a Certificate of Lawful Use (CLU). The application was to extend, retrospectively, the scrap yard beyond the area covered by the CLU together with further proposed development at the scrap yard and the construction of a noise attenuation bund.

The Committee considered all the issues raised and the views expressed in the deputations and, for the reasons given in the report of the Head of Planning and Development,

RESOLVED:

That planning consent for construction of retaining wall and noise attenuation bund, construction of offices, processing and storage building, demolition of four existing buildings, erection of ground mounted weighbridge, change of use of garden to waste management area, change of use from waste management area to garden at Broadview, Woods Lane, Cliddesden, Basingstoke (Application No: BDB/69048) be refused for the following reasons:

(1) The proposal is contrary to Policy DC13 of the Hampshire Minerals and Waste Core Strategy and Policy A5 of the Basingstoke and Deane Borough Local Plan 1996-2001 in that the site is not on employment land nor reuses/redevelops previously developed land.

(2) The proposal is contrary to Policy DC3 of the Hampshire Minerals and Waste Core Strategy and Policies D8, E1 (vii) and E6 (iii) and (iv) of the Basingstoke and Deane Borough Local Plan 1996-2011 in that there would be an adverse impact on the landscape from the proposed bund and the proposed widening of the site entrance onto Woods Lane.

(3) The proposal is contrary to Policy DC8 of the Hampshire Minerals and Waste Core Strategy and Policy E1 (vii) of the Basingstoke and Deane Borough Local Plan 1996-2011 in that the expansion of the site would lead to an adverse amenity impact for local residents in terms of noise and disturbance from the on site operations and the associated lorry traffic.

Voting: 13 for; 0 against.

269 REVISED TEMPORARY WASTE TRANSFER STATION TO THAT APPROVED UNDER PLANNING PERMISSION 07/89521 AT MARCHWOOD TRANSFER STATION, BURY ROAD, MARCHWOOD (APPLICATION NO: 08/92923) (COUNTY COUNCIL REF: NF018)

The Committee considered the report of the Head of Planning and Development (Item 8 in the Minute Book) on a revised temporary waste transfer station proposal to that approved under planning permission 07/89521 at Marchwood Transfer Station, Bury Road, Marchwood. The Committee noted that neither Natural England or Marchwood Parish Council objected to the proposal. Having considered all the issues, it was

RESOLVED:

That planning permission in respect of the revised waste transfer station to that approved under planning permission 07/89251 at Marchwood Transfer Station, Bury Road, Marchwood be granted for the following reason, and subject to the conditions set out in Appendix 1.

Reason for Approval

It is considered that the proposals will not have an adverse visual impact and there are environmental benefits by providing better containment for the waste. This proposal will result in no additional impacts, including traffic, over and above those already considered when granting planning consent for the redevelopment last year and therefore is in accordance with the development plan (summary attached as Appendix 2) and would not materially harm the character of the area or the amenity of local residents and would be acceptable in terms of highway safety and convenience.

Voting: 13 for; 0 against

270 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 - RECONSIDERATION OF THIS COMMITTEE'S DETERMINATION OF TWO APPLICATIONS FOLLOWING THE DECISION OF THE COURT OF APPEAL

The Committee considered there report of the Director of Recreation and Heritage (Item 9 in the Minute Book).

A deputation opposing the proposals in the report was made by Mr. G. Plumbe and Standing Order 21 was suspended to allow questions of clarification of facts to be asked of the deputee.

The Committee was mindful of the points made by the deputee and took advice from the Council's legal adviser. Having taken into account the points made by the deputee, the legal advice given and the report of the Director of Recreation and Heritage it was

RESOLVED:

a) That the decision contained in Minute 129(a) to the meeting of 27^th June 2007 be rescinded;

b) That, insofar as it relates to route A-F (as shown on Map 1 to this report), the application for a Map Modification Order to record A-F as Byway Open to All Traffic be refused but, following the discovery of evidence which shows the Definitive Map and Statement require amendment, an Order be made under section 53(2) of the Wildlife and Countryside Act 1981 to record route A-F as a Restricted Byway with a width of 9.14 metres.

Voting: 13 for; 0 against

271 APPLICATION FOR A MAP MODIFICATION ORDER TO RECORD A PUBLIC FOOTPATH BETWEEN ST VALERIE ROAD AND PARK ROAD, GOSPORT

Councillor Edgar, the local County Councillor, attended and spoke in support of the proposal.

The Committee considered the report of the Director of Recreation and Heritage (Item 10 in the Minute Book) and, having taken all the issues into account,

RESOLVED:

That an Order be made to record the route A-B-C (as shown on the attached map) as a footpath on the definitive map of public rights of way. Section A-B to have a width of 1.4 metres and section B-C to have a width of 1.0 metre.

Voting: 13 for; 0 against

272 APPLICATION FOR A MAP MODIFICATION ORDER TO RECORD TWO PUBLIC FOOTPATHS NORTH OF EDWARD AVENUE, BISHOPSTOKE

The Committee considered the report of the Director of Recreation and Heritage (Item 11 in the Minute Book) and, having taken all the issues into account,

RESOLVED:

That an Order be made to record the routes A-B and C-D (as shown on the attached map) as footpaths on the definitive map of public rights of way. Route A-B to have a width of 1.4 metres and route C-D to have a width of 1.8 metres.

Voting: 13 for; 0 against

273 PROPOSED DEDICATION OF A PUBLIC FOOTPATH AT CHURCH LANE, BURSLEDON

The Committee considered the report of the Director of Recreation and Heritage (Item 12 in the Minute Book) and, having taken all issues into account,

RESOLVED:

That the County Council dedicates public footpath rights on a route as shown on the attached plan between points A and B, the width of the footpath to be 2.0 metres.

Voting: 13 for; 0 against

274 PROPOSED DEDICATION OF A PUBLIC FOOTPATH AT SCHOOL ROAD, BURSLEDON

The Committee considered the report of the Director of Recreation and Heritage (Item 13 in the Minute Book) and, having taken all the issues into account,

RESOLVED:

That the County Council enters into an agreement with Bursledon Parish Council for the dedication of public footpath rights over the route A-B as shown on the attached plan, the width of the footpath to be 1.3 metres.

Voting: 13 for; 0 against

275 APPLICATION FOR A PUBLIC PATH DIVERSION ORDER FOR FOOTPATH NO. 2 AND PART OF FOOTPATH NO. 1, BRAISHFIELD

The Committee considered the report of the Director of Recreation and Heritage (Item 14 in the Minute Book) and, having taken all the issues into account,

RESOLVED:

That the application for diversion of Braishfield Footpath No.2 and part of Footpath No.1 be approved under Section 119 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981, on the grounds that the diversion is in the interests of the landowner and of the public.

Voting: 13 for; 0 against

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