Archived decisions

ITEM 3

AT A MEETING of the REGULATORY COMMITTEE of the HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 12 February 2009.

PRESENT:

Chairman:

p Councillor R.C. McIntosh

Vice-Chairman

p Councillor I.F.E. Beagley

Councillors:

Councillor Felicity Hindson attended for the item referred to in Minute 312 below.

307 APOLOGIES FOR ABSENCE

It was reported that apologies for absence had been received from Councillors S.C. James and John K. West.

308 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

309 MINUTES

The Minutes of the meeting of the Committee held on 14 January 2009 were confirmed as a correct record and signed by the Chairman.

310 CHAIRMAN'S COMMUNICATIONS

The Chairman invited Barbara Beardwell, from the Legal Practice - Chief Executive's Department, to give legal advice on the recent appeal decisions concerning R and W Plant (Chantacre) Ltd's planning appeal against a decision of Regulatory Committee to refuse planning permission and Costs Decision, and an appeal against an enforcement notice issued by Winchester City Council both of which related to sites at Four Dell Farm, Poles Lane Otterbourne. Mrs Beardwell referred to the Costs Decision in the R and W Plant appeal which concluded with an award of costs against the County Council, and advice in the Costs Circular of C8/93. She explained that when refusing permission local planning authorities would be expected to produce evidence to substantiate each reason for a refusal based on valid planning reasons.

311 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.

312 MINOR AMENDMENTS TO PLANNING PERMISSION 07/00714/HCS TO CHANGE ALIGNMENT OF THE FIRE ACCESS TO ENABLE IMPROVED FIRE EMERGENCY WORKING AREA AND ASSOCIATED REALIGNMENT OF PLANTING, SECURITY FENCING AND ADDITIONAL OBSCURE NETTING TO NORTH EAST AND NORTH WEST BOUNDARIES; AND VARIATION OF CONDITION 5 OF PLANNING PERMISSION 07/00714/HCS TO ALLOW FOR STORAGE OF VEHICLES TO A MAXIMUM OF FOUR HIGH, EXCLUDING 15 METRES ON THE EASTERN BOUNDARY AT THREE HIGH, AT SILVERLAKE GARAGE, ROW ASH, BOTLEY ROAD, SHEDFIELD (APPLICATION NO: 08/01512/HCS) (COUNTY COUNCIL REF: WR200) (DECISION REFERENCE 404)

The Committee considered the report of the Head of Planning and Development (Item 6 in the Minute Book) on various changes to planning conditions requested at Silverlake Garage, Shedfield. An explanation was given of the further work carried out since the Members' site visit in the summer to establish the exact height of the vehicle stacks, the extent to which the landscaping and netting would screen them and whether any parts of the vehicles would be visible from the surrounding residences and countryside. The Head of Planning and Development's view was that the development was now acceptable with the various changes made and could be suitably controlled by conditions.

Councillor Roger Huxstep made a deputation relating mainly to the need for the imposition and enforcement of conditions which would control landscaping and screening of the site to minimise its impact on its surroundings.

Mr. A. Prebble and Mr. R. Stone, on behalf of Silverlake Autoparts, the applicants, made a deputation drawing attention to the urgent need for more storage capacity at the site in order to meet the demand for collection, disposal and recycling of vehicles; they were well aware of the importance of installing and maintaining suitable landscaping and netting in order to minimise visual impact.

Councillor Felicity Hindson, local County Councillor, amplified her views as set out in the report and reasserted the need to impose and enforce conditions which would control heights of vehicles, netting, landscaping and thus minimise the visual impact of the development on its immediate surroundings and on the wider countryside.

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

In response to questions from Members, the Head of Planning and Development confirmed:

· The list of tree species referred to in Condition 9 (Landscaping) would include suitable evergreens, notably Holly.


· There were no outstanding drainage issues.


· The Environment Agency had no objection.


· The site would be the subject of regular monitoring and enforcement if necessary, to ensure that all the conditions were fully complied with.


· The reference in paragraph 4.2 should read, "Curdridge" not "Curbridge".


· A condition to control the maintenance of landscaping would normally run for five years only, but a woodland management plan could be agreed to extend this period further.

During the course of debate, Members supported the idea of a woodland management scheme to ensure the maintenance of the tree screening and replacement of any trees or shrubs that died, to run for a period of twenty years. Members also supported the clarification of Condition 5, to provide that all reference to "cars" should read "vehicles" to ensure there was control over the total height of stacks, whether measured by height in metres or number of vehicles. They also suggested the amendment of Condition 8 on netting and fencing to provide that these should be maintained and kept to screen the site until the trees and shrubs had matured, rather than to stipulate a specific period expiring at the end of 2020.

The Committee accordingly considered all the issues raised by the correspondents, the views expressed by the deputations and the evidence from the site visit. They therefore, for the reasons given in the report of the Head of Planning and Development

RESOLVED:

That, subject to a Section 106 Agreement to secure a woodland management scheme for twenty years:

Permission be granted for part retrospective minor amendments to planning permission 07/00714/HCS to change the alignment of the fire access to enable improved fire emergency working area and associated realignment of planting, security fencing and additional obscure netting to north, south east and north west boundaries; variation of condition no. 5 of permission 07/00714/HCS to allow storage of vehicles to a maximum of four high, excluding 20 metres on eastern boundary where the maximum will be three high, at Silverlake Garage, Row Ash, Botley Road, Shedfield (Application No. 08/01512/HCS) for the reason set out in paragraph 4 of the report and subject to the conditions set out in Appendix 1 of the report, with the following variations:

· Condition 5 - height of stacked vehicles

All references to "cars" to read "vehicles"


· Condition 8 - netting and fencing

Delete the words "until 31 December 2020" and insert instead "until such time as the planting can be shown to screen the site effectively".

Voting: 12 in favour, 0 against

313 VARIATION OF CONDITION 2 OF PLANNING PERMISSION O7/01762/HCS (REMOVAL OF LIMIT ON VEHICLE MOVEMENTS) AT FOUR DELL FARM, POLES LANE, OTTERBOURNE - APPLICANT: A.J. BLAKE LIMITED (APPLICATION NO. 09/00029/HCS) (COUNTY COUNCIL REF: WR205) (DECISION REFERENCE 570)

The Committee considered the report of the Head of Planning and Development (Item 7 in the Minute Book) on the proposed variation of condition relating to vehicle movements at this site. The Committee also had before them a range of further documentation as follows:

· Letters of objection from Otterbourne Parish Council.


· Letter of objection from Compton and Shawford Parish Council.


· Letter of objection from Winchester City Council.


· Copies of the appeal decision and related decision for an application for costs arising from the County Council's refusal of planning permission at Four Dell Farm, and the recent appeal decision following enforcement action by Winchester City Council at Four Dell Farm.


· Letter of representation from Dutton Gregory, Solicitors, on behalf of Mr. Paul Murray and Mr. John O'Neill, relating to the judicial review case.


· Letter of representation from the Leader of Winchester City Council urging deferment of the application pending further information and the outcome of the judicial review.

The Committee received legal advice from the Chief Executive on the import of the previous appeal decisions which related to sites at Four Dell Farm, and the award of costs against the County Council. The issues raised in the previous appeal decisions relating to sites at Four Dell Farm were relevant considerations to be taken into account in determining the present application. It was pointed out by the Chief Executive that there was nothing to stop the Committee from considering the application which should be determined on its merits, and that the application for judicial review of the previous decision on the site was an entirely separate procedure.

The Head of Planning and Development gave a detailed explanation of the development proposals and explained the site's status as part of a former farmyard which as redundant agricultural land could be used in planning terms for waste management purposes. He outlined the planning history of the site and its relationship to sites immediately adjacent. Determination of the current application on its merits gave the opportunity to negotiate some improvements to the present situation, by including conditions on dust, screening and landscaping, and overall quantity of waste being imported to the site.

Mr. David Jobson made a deputation on behalf of local residents drawing attention to claimed unlawful use of farm land, to adverse environmental impact on the adjoining countryside and urging deferment pending the High Court decision on judicial review.

Mr. Paul Murray made a deputation opposing the application on grounds that it was premature pending the High Court decision on judicial review.

Mr. Martin Bell, Compton and Shawford Parish Council made a deputation opposing the application on grounds that it was premature pending the High Court decision on judicial review.

Councillor Eleanor Bell, Winchester City Council, made a deputation drawing attention to outstanding noise and traffic issues, and urging deferment of the application pending the High Court decision on judicial review.

Mr. Stuart Austin, WYG Environment, on behalf of the applicant, Mr. A.J. Blake, made a deputation explaining the planning history of the site and drawing attention to the conditions which the applicants were prepared to accept, namely an overall limit on waste tonnage, improved landscaping/screening of the site, and controls over dust.

Councillor Charlotte Bailey, local County Councillor, spoke of the widespread local concerns at the implications of the application, which would give a full new planning permission with new conditions, which she considered premature pending the outcome of the judicial review by the High Court. She referred to the large numbers of objections from local residents on grounds of traffic, noise, dust and pollution; and the view that the application represented inappropriate and intrusive development in a countryside area. She therefore requested the Committee to defer the application pending the outcome of the judicial review, and to enable full relevant information to be taken into account and full local consultation on all relevant issues before a final decision was taken.

At this point Councillor Charlotte Bailey declared a personal and prejudicial interest on grounds that she had clearly expressed views in opposition to the application which amounted to pre-determination. She therefore withdrew from the meeting at this point and took no further part in the debate and did not vote.

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

In response to questions from Members, the Head of Planning and Development confirmed:

· The proposed condition restricting tonnage of materials transported to the site at 50,000 represented an average number of lorry movements of about 36 per day.


· Winchester City Council's Environmental Health Officer had been consulted on the application as normal and had raised no objection.


· Sheeting of lorries serving the site was not proposed, but it could be included where necessary under the Environmental Management Scheme.

The Committee then considered the proposition that consideration of the application should be deferred pending the outcome of the application for judicial review by the High Court, and to enable full information and the outcome of further local consultations to be taken into account. On being put to the vote, the proposal to defer was lost, 5 Members voting in favour and 8 against.

The Committee then considered detailed amendments to the proposed conditions which would require a record of the quantity of waste brought to the site to be sent to the Waste Planning Authority annually (Condition 2); the landscaping scheme in Condition 9 to specify the precise location, size and height of the perimeter bunds, to include details of the types, size and species of all trees and shrubs; and Condition 14 to include a surface water drainage scheme to include the new access road.

Members of the Committee had visited the application sites, and adjoining sites at Four Dell Farm, on 9 February and had seen how the application site related to its immediate neighbours and the environment. The Committee accordingly considered all the issues raised by correspondents, the views expressed by the deputations and the evidence from the site visit. They therefore, for the reasons given in the report of the Head of Planning and Development

RESOLVED:

That permission for variation of Condition 2 of the Planning Permission 07/01762/HCS to remove the limit on vehicle movements at Four Dell Farm, Poles Lane, Otterbourne (Application No. 09/00029/HCS) be granted for the reasons set out in paragraph 4 of the report, and subject to the conditions set out in Appendix 1, with the following amendments:

Condition 2 - capacity : To include a record of the quantity of waste brought to the site shall be sent to the Waste Planning Authority annually.

Condition 9 - landscaping To be amplified to specify the precise location, size and height of the perimeter bunds, such bunds shall be a minimum of 4 metres in height and shall continue round to the eastern edge of the application site and to specify the types, size and species of all trees and shrubs to be planted.

Condition 14 - Water environment To be amended to include the new access road in the surface water drainage scheme.

Voting : 7 Members in favour, 4 against and 2 abstaining.

At this point Councillor Mrs. C.A. Bailey returned to the meeting and Councillor M.G. Cooper left the meeting.

314 DEMOLITION OF THE EXISTING FOREST EDGE SCHOOL AND ADJOINING PUPIL REFERRAL UNIT (KNOWN AS THE CLIFFORD CENTRE) TO FACILITATE THE ERECTION OF A SINGLE STOREY, PURPOSE-BUILT SCHOOL ON THE SAME SITE, FOREST EDGE SCHOOL, LYDLYNCH ROAD, TOTTON - APPLICANT : HAMPSHIRE COUNTY COUNCIL (APPLICATION NO. 08/93469) (COUNTY COUNCIL REF: NFE030) (DECISION REFERENCE 568)

The Committee considered the report of the Head of Planning and Development (Item 8 in the Minute Book) on the construction of a replacement school at Forest Edge, Totton. The Head of Planning and Development explained the need for a larger special school for primary aged children in the area and the issues posed by traffic, landscaping and amenity. He reported that there had been no objection from New Forest District Council; and the local member, Councillor Weeks, supported the proposal.

Councillor G. Dart from Totton and Eling Town Council made a deputation expressing local concerns about loss of views and amenity, traffic implications and pedestrian safety.

Some Members queried the layout of the access roads within the site and the location of the disabled car parking spaces. In response, the Head of Planning and Development confirmed that the school travel plan would cover most of these issues, but that the allocations of parking were considered to be adequate for the numbers of staff and visitors. A question was raised about the energy efficiency and sustainability of materials to be used in the building, for example, timber, double glazing and sprinklers, and the Head of Planning and Development, in conjunction with the Director of Property, Business and Regulatory Services, would provide information on the subject to Councillors Mrs Dickens and Mrs Bailey.

RESOLVED:

That planning permission in respect of the demolition of the existing Forest Edge School and adjoining Pupil Referral Unit (known as the Clifford Centre) to facilitate the erection of a single-storey purpose-built special school on the same site at Forest Edge School, Lydlynch Road, Totton (application no. 08/93469), be granted for the reasons set out in paragraph 4 of the report, and subject to the conditions set out in Appendix 1 of the report.

Voting : 13 in favour, 0 against.

At this point Councillor Bryant left the meeting.

315 APPLICATION FOR REGISTRATION OF LAND AT MENGHAM PARK, HAYLING ISLAND AS TOWN OR VILLAGE GREEN

The Committee considered the report of the Director of Recreation and Heritage (Item 9 in the Minute Book) on this application relating to proposed registration of land at Mengham Park.

Mr. F.W. Wright, President of the Friends of Mengham Park, presented a letter of representations in favour of the proposed registration and made a deputation to the same effect.

RESOLVED:

That the application to register voluntarily land at Mengham Park, Hayling Island, shown edged red on the attached plan as a town or village green be granted.

Voting: 12 in favour 0 against.

8rM4209