Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of the HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 22 April 2009.

PRESENT:

Chairman:

p Councillor R.C. McIntosh

Vice-Chairman

p Councillor I.F.E. Beagley

Councillors:

Councillor M. J. Woodhall also attended for the item referred to in Minute 334 and Councillor M. G. Kemp-Gee also attended for the item referred to in Minute 335.

329. APOLOGIES FOR ABSENCE

Apologies for absence were submitted on behalf of Councillors C. A. Bailey,

B. T. Gurden, G. M. Hockley and S. C. James. Councillor Gurden's absence was because he was attending a Mayoral function. Councillor Hockley's absence was on account of him representing the County Council at a Conference in London. Councillor James was recovering from an operation and the Committee wished him all the best for his recovery.

330. 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, 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 debate.

331. MINUTES

The Minutes of the meeting of the Committee held on 11 March 2009 were confirmed as a correct record and signed by the Chairman subject to the amendment of the voting for Minute 328 which should have read 10 Members in Favour, 0 Against as Councillor Cooper had already left the meeting.

332. CHAIRMAN'S ANNOUNCEMENTS

The Chairman had no announcements on this occasion.

333. 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, 7, 8, 9, 11 and 12.

334. SCREENING BUNDS ON LAND OFF A303, OWLS LODGE SHOOTING GROUNDS LONGPARISH (APPLICATION NO. 09/000148/HCC3N)

(COUNTY COUNCIL REF: TV231)

The Committee considered a report of the Head of Planning and

Development (Item 6 in the Minute Book) on an application for planning

permission for the construction of a four metre high bund along the northern

and currently open boundary of the Owls Lodge Shooting Grounds at

Longparish in support of the application.

The Head of Planning and Development advised that the noise and safety

issues had been considered by Test Valley Borough Council when dealing

with previous applications at the site. The Borough Council was satisfied

with Hampshire County Council dealing with the application as it was a waste

issue. However it strongly opposed the current application on the

grounds of landscape harm and did not consider there was a justifiable need.

In conclusion the application was contrary to the waste policy, the `need'

issue on noise and safety were not sufficient to justify the proposal and

therefore he was recommending refusal.

Councillor Jim Neal, Test Valley Borough Councillor for Harewood,

Mr Jeremy Barber, Chairman of Longparish Parish Council and Mr Peter Coe

of Cirrus Consultancy as agent for the applicant made deputations in respect

of this item in support of the application.

Councillor M. J. Woodhall also spoke as Local Member in support of the

application.

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

to be asked of the deputees.

In considering the application, Members noted the main issues associated

with the development, namely whether it complied with the Development Plan

and Waste Policies and whether there is a need for the development.

Some Members were concerned about the health and safety issues and felt

that a fence condition should be added to provide additional security and that

there was a need for landscaping. The Head of Planning and Development

advised that there was local community support for the bund.

Members identified fully where the issues arose and the recommendation to

refuse the application on the grounds that part of the development comprises

the northern boundary is contrary to Policies DC3 (Landscape) and DC14

(Landfill) of the Core Strategy was put to Members and Members voted 3 in

favour, 8 against and 1 abstention.

The Head of Planning and Development was asked to prepare a Schedule of

Conditions about the landscaping, fencing and construction of the bund to

circulate to Members for comment.

RESOLVED:

That the application for planning permission be approved subject to a

Schedule of Conditions prepared by the Head of Planning and Development

and circulated to Members for comment within 14 days and if agreed by the

Chairman and Vice Chairman and two party spokespersons that the

permission then be issued under delegated authority.

Voting: 12 in favour, 0 against.

335. APPLICATION FOR THE ADDITION TO THE DEFINITIVE MAP

OF A BRIDLEWAY AND TO UPGRADE FARRINGDON FOOTPATH

4 TO BRIDLEWAY, IN THE PARISH OF FARRINGDON.

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

(Item 12 in the Minute Book) on an application for the addition to the

definitive map of a bridleway and to upgrade Farringdon Footpath 3 to

bridleway in the Parish of Farringdon.

Mrs Ingrid Thomas made a deputation in respect of this item.

Councillor M. G. Kemp-Gee also spoke as Local Member in support of the

route for equestrians, cyclists and walkers and advised that Farringdon

Parish Council supported the application. He congratulated the officer on the

work in her report.

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

to be asked of the deputee.

RESOLVED:

That a Definitive Map Modification order be made to record a bridleway

between Brightstone Lane and Kitcombe Lane in Farringdon as shown on

the map attached to the report as A-B, width varies between 2.5 and 4

metres and to upgrade to a bridleway that part of Farringdon Footpath 4

between points B and C, 2.75 metres.

Voting: 12 in favour, 0 against.

336. APPLICATION FOR THE ADDITION TO THE DEFINITIVE MAP

OF FOOTPATHS IN THE PARISH OF BRAMSHOTT AND

LIPHOOK

The Committee considered a report of the Director of Recreation and

Heritage (Item 11 in the Minute Book) on an application for the addition to

the definitive map of Footpaths in the Parish of Bramshott and Liphook.

Miss Hannah Quarterman, Associate from Lovells LLP Solicitors made a

deputation in respect of this item on behalf of her client, the owner of the

land.

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

to be asked of the deputee.

The Director of Recreation and Heritage advised that despite supporting

evidence for the use of the footpaths, a period of four years when the land

was owned by the Crown, which is not subject to statute, meant that the

application could not succeed. There was no evidence of a dedication at

common law.

RESOLVED:

That the application be refused.

Voting: 11 in favour, 1 against.

337. RELEASE OF AN EXISTING AREA OF REINFORCED GRAVEL

WITHIN THE WYVERN COLLEGE CAMPUS FOR CAR PARKING

- NO CONSTRUCTION WORK PROPOSED - AT WYVERN

TECHNOLOGY COLLEGE, BOTLEY RAOD, FAIR OAK, NEAR

EASTLEIGH (APPLICATION NO. S/09/64512)

(COUNTY COUNCIL REF: EAE 025)

The Committee considered a report of the Head of Planning and

Development (Item 9 in the Minute Book) on the release of an existing area

of reinforced gravel within the Wyvern College campus for car parking - no

construction work proposed - at Wyvern Technology College, Botley Road,

Fair Oak, near Eastleigh.

The Head of Planning and Development advised that Drawing No.

P7467/A/106 attached to the report was incorrect as it showed 12 car parking

spaces but indicated 13. He confirmed that the application was for 13

spaces. He also explained that permission was granted for development of a

car park with a landscape strip. However the landscaping had not been fully

implemented and the application site had been gravelled and used for car

parking. Therefore the application was to regularise use of the area for car

parking. Bonded gravel would be used to prevent the scattering of gravel.

Mrs Anwyl, a local resident made a deputation in respect of this item raising

objections to the application.

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

to be asked of the deputee.

In considering the application, Members noted the main issues associated

with the development: that it accords with the current adopted Borough Local

Plan, that the proposed car parking is adjacent to the existing car parking

area, that there is a need for 13 spaces, no objection from local Councils and

no increased impact on local residents.

Some Members considered it unacceptable that skips were taking up car

parking spaces and that the distance between the car parking and the

nearest houses should be greater.

RESOLVED:

That planning permission for the release of an existing area of reinforced

gravel within the Wyvern College campus for car parking with no

construction proposed at Wyvern Technology College, Botley Road,

Fair Oak, near Eastleigh (Application No. S/09/64512) be granted for the

reason set out in paragraph 4 of the report and subject to the conditions set

out in Appendix 1.

Voting: 8 in favour, 4 against.

338. CONSTRUCTION OF A SYNTHETIC TURF SPORTS PITCH WITH

SPORTS FENCING, FLOODLIGHTING, STORE/OFFICE

BUILDING AND ASSOCIATED BOUNDARY FENCING AND

LANDSCAPING AT CROFTON SCHOOL, MARKS ROAD,

FAREHAM (APPLICATION NO. P/09/0097/CC)

(COUNTY COUNCIL REF: FAE 030)

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 construction of a synthetic turf pitch with sports fencing,

floodlighting, store/office building and associated boundary fencing and

landscaping at Crofton School.

The Head of Planning and Development advised that the location for the

proposed pitch was the best position adjoining the development. Some

Members felt that a Liaison Panel should be set up to allay any fears and

concerns that local residents might have with the proposed development and

the Head of Planning and Development advised that he could recommend as

a note on the planning application concerns about the need for liaison

between the school and the local residents.

Mr John Walkerdine, Project Manager for the applicant and Mr Colin Lord,

Senior Landscape Architect for Hampshire County Council Property Services

made deputations in respect of this item to support this application.

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

to be asked of the deputees.

In considering the application, Members noted that issues of the Strategic

Gap in terms of the best possible position, close to the buildings and the

adjoining sports areas, community use and the amenity in terms of noise and

lighting which would have no adverse effect on local residents had been

considered. Access would be through the school and would not create an

adverse impact. The application was supported by Fareham Borough

Council.

RESOLVED:

(i) That planning permission in respect of the construction of a synthetic turf

sports pitch with sports fencing, floodlighting, store/office building and

associated boundary fencing and landscaping at Crofton School, Marks

Road, Fareham, Hampshire, PO14 2AT (P/09/0097/CC) be granted for

the reason set out in the report in paragraph 4 subject to conditions in

Appendix 1.

(ii) That an Advice Note be attached to the planning permission concerning

the need for liaison between the school and the local residents.

Voting: 11 in favour, 0 against.

339. CONSTRUCTION OF A SYNTHETIC TURF PITCH WITH

FLOODLIGHTING, TWO ADDITIONAL TENNIS COURTS,

NEW FENCING AROUND THE SYNTHETIC TURF PITCH AND

NEW /EXISTING TENNIS COURTS AT PORTCHESTER

COMMUNITY SCHOOL, WHITE HART LANE, PORTCHESTER,

NEAR FAREHAM (APPLICATION NO. P/09/0075/CC)

(COUNTY COUNCIL REF: FAE 014)

Councillor R. H. Price, JP declared a personal and pecuniary interest as

being appointed on the Community Management Board of Portchester

Community School by Fareham Borough Council.

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 synthetic turf pitch with floodlighting, two

additional tennis courts, new fencing around the synthetic turf pitch and

new/existing tennis courts at Portchester Community School.

The Head of Planning and Development advised that in addition to the

information provided at the site visit an acoustic barrier was proposed around

both ends of the pitch.

Mr Roger Matthews, Project Manager for the applicant and Head Teacher at

Portchester Community School, Paula Downard, Landscape Architect for

Hampshire County Council Property Services and acting agent for the

Applicant, Mr Alec Roberts, Deputy Head Teacher at Portchester Community

School, Master Ryan Perry, pupil at Portchester Community School and

Mr Brian Sutton, Community Development Manager at Portchester

Community School made deputations in respect of this item to support this

application.

Councillor R. H. Price JP as Local Member spoke in support of the need for

such a facility and agreed with the siting of the pitch. He advised that local

residents were concerned about major issues of lighting, noise and language,

litter and length of time of the usage of the pitch. He requested that the

application be deferred for reasons of the need for fencing to be constructed

along the site, a Management Plan to deal with issues that arise, that the

Football Federation should be contacted about the proposed hours of use

and a Liaison Panel should be set up with local residents to meet regularly to

discuss issues and concerns.

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

to be asked of the deputees.

At this point Councillor Price left the meeting.

In considering the application, Members noted the main issues associated

with the development: that the existing pitch is within a relatively high

density residential area and housing is in close proximity on three main sides

of the campus, that there is only one means of combined vehicular/

pedestrian access to the site from White Hart Lane and that there is no

alternative route available, that the underground main sewer crosses the

playing field and therefore it is not practical to locate the proposed pitch

elsewhere, the principle of providing community facilities at the school is

acknowledged in the adopted Local Plan and objections from local residents

on the grounds of increased noise leading to further disturbance including an

increase in traffic which would cause additional parking problems and the

management of the facilities once in place to minimise impact.

Members agreed that it wished to see appropriate liaison between the school

and the residents. Members noted that the fencing proposed was not within

the application boundary and any additional fencing would require a separate

planning application. The school could be asked to investigate fencing

requirements.

Members were concerned about the issues raised but felt that these could be

addressed in a Management Plan.

The Head of Planning and Development advised that there was a significant

need for this type of facility and that there were benefits for the community.

He advised that a note would be placed on the planning permission about the

Committee's concerns for adequate liaison with the community.

RESOLVED:

(i) That planning permission in respect of the construction of a synthetic turf

sports pitch with floodlighting, two additional tennis courts, new fencing

around the synthetic turf pitch and new/existing courts at Portchester

Community School, White Hart Lane, Portchester, near Fareham

(Application No. P/09/0075/CC) be granted for the reason set out in

paragraph 4 of the report subject to the conditions in Appendix 1.

(ii) That an Advice Note be attached to the planning permission concerning

the need for liaison between the school and the local residents.

Voting: 9 in favour, 1 against and 1 abstention.

At this point Councillor R. H. Price returned to the meeting.

340. INFORMATION ON DOWNTON MANOR FARM APPEAL

(APPEAL NO. APP/Q1770/A/06/2014823)

The Committee considered a report of the Head of Planning and

Development (Item 10 in the Minute Book) on information on the Downton

Manor Farm Appeal.

RESOLVED:

That the County Council present evidence at the forthcoming Inquiry into the

appeal by new Milton Sand and Ballast at Downton Manor Farm, Milford-

on-Sea in support of the Statement of Case under Rule 6 of the Town and

Country Planning (Inquiries Procedure) (England) Rules 2000, submitted to

the Planning Inspectorate on 9 March 2009 be agreed subject to advice from

Counsel about issues on Green Belt and Environmental Impact Assessment.

Voting: 12 in favour, 0 against.

Meeting ended at 1.45pm.