Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 27 May 2009.

PRESENT:

Chairman

p Councillor R.C. McIntosh

Vice-Chairman

p Councillor I.F.E. Beagley

Councillors:

341. APOLOGIES FOR ABSENCE

Apologies for absence were submitted on behalf of Councillor S. C. James.

342. 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.

343. MINUTES

The Minutes of the meeting of the Committee held on 22 April 2009 were confirmed as a correct record and signed by the Chairman subject to clarification at minute 329 that Councillor Mrs Bailey was representing the County Council at a conference in London alongside Councillor Hockley.

344. CHAIRMAN'S ANNOUNCEMENTS

The Chairman had no announcements on this occasion.

345. 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 7, 8 and 10.

346. CHANGE OF USE FROM GARDEN TO WASTE MANAGEMENT SITE, CHANGE OF WASTE MANAGEMENT SITE TO GARDEN AT BROADVIEW SCRAPYARD, WOODS LANE, CLIDDESDEN, BASINGSTOKE (APPLICATION NO. BDB/70400) (COUNTY COUNCIL REF: BA127)

The Committee considered the report of the Head of Planning and Development (Item 7 in the Minute Book) on an application for planning permission for the change of use from garden to waste management site and change of use from waste management site to garden at Broadview Scrapyard, Cliddesden.

It was reported that the premises held a Certificate of Lawful Use or Development (CLUD), and its use as a scrapyard had been established for a lengthy period of time. Therefore, the applicant was entitled to continue operations. However, the proposed application to exchange land would impact on the landscape and residential amenity, and could lend itself to further intensification of operations. It was explained that the exchange would move the operation further into the countryside, and if granted would be a departure from the Development Plan.

Mr V. Tilley, local resident and Mr R. Darley, clerk to Cliddesden Parish Council both made deputations objecting to the proposal.

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

Members acknowledged they could do little about the CLUD, and whilst they believed there could be some benefit by moving the waste management site away from residents to the space for garden use, considered it unacceptable that the operation move further into the countryside. It was felt that such solutions should not be encouraged and endorsed.

RESOLVED:

That permission for change of use from garden to waste management site and change of use from waste management site to garden at Broadview Scrapyard, Woods Lane, Cliddesden (Application No. BDB/70400) be refused for the reasons as set out in the report.

Voting: 14 for, 0 against, 1 abstention.

347. CHANGE OF USE FROM VERGE TO CONCRETE ACCESS FOR SAFE HEAVY GOODS VEHICLE TURNING AT BROADVIEW SCRAPYARD, WOODS LANE, CLIDDESDEN, BASINGSTOKE (APPLICATION NO. BDB/70330) (COUNTY COUNCIL REF: BA127)

The Committee considered the report of the Head of Planning and Development (Item 8 in the Minute Book) on an application for planning permission to widen the access at Broadview Scrapyard, Cliddesden.

It was reported that the applicant had widened access to the scrapyard with a strip of concrete, but this was outside the area covered by the CLUD and had been subject to enforcement action. Officers acknowledged that Hampshire Highways did not object to the proposal, but on balance felt the damage to amenity and the possibility that granting permission could lend itself to intensification, outweighed the advantages of improving access.

Mr V. Tilley, local resident and Mr R. Darley, clerk to Cliddesden Parish Council both made deputations objecting to the proposal.

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

Members acknowledged that granting permission could help improve access to the site, but were concerned that this could lead to greater intensification and an increase in Heavy Goods Vehicle movements in and out of the site. Members were concerned that this action further eroded the countryside and felt it should not be endorsed.

RESOLVED:

That permission for change of use from verge to concrete widened access at Broadview Scrapyard, Woods Lane, Clidddesden (Application No. BDB/70330) be refused for the reason as set out in the report.

Voting: 15 for, 0 against.

348. PROPOSAL TO (i) RESCIND A PREVIOUS DECISION OF THE RIGHTS OF WAY PANEL TO RECORD BRIDLEWAY RIGHTS (ii) RESCIND A PREVIOUS DECISION OF THE REGULATORY COMMITTEE TO DIVERT UNRECORDED BRIDLEWAY RIGHTS AND (iii) RECORD BRIDLEWAY RIGHTS ON PART OF FOOTPATH 29 IN ROTHERWICK PARISH

The Committee considered the report of the Director of Culture, Community and Rural Affairs (Item 10 in the Minute Book) on the proposal to reconsider its decision to make an Order to divert bridleway rights over a path at Tylney Park in Rotherwick and to review a decision to make an Order to record those rights on the definitive map.

Officers informed Members that they were sure that public bridleway rights existed across 75% of Tylney Park, and so the proposal was to record rights over those portions of land. Historical detail was provided to Members to demonstrate previous existence of these rights, and Officers were keen for these rights to be recorded to provide a safe cycling and horse riding route between the villages of Rotherwick and Newnham - this being a key element of the Countryside Access Plan.

Mr G. Plumbe on behalf on Tylney Investments Limited made a deputation in respect of this item objecting to the proposal. Mr N. Bell of Newnham Parish Council and Ms B. King of the British Horse Society made deputations to support the proposal.

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

In considering the proposal, Members were informed by Officers that extensive consultation and correspondence had taken place with all three major landowners affected by the proposals. Residents of Newnham and Rotherwick had communicated a desire to see the Bridleway recorded, and although the proposal would not provide a through route, it would enable negotiations to begin to complete the through route. Members broadly supported the proposals in the report however, some had reservations about granting rights to make a map modification order that would lead to a cul-de-sac bridleway.

Members rejected an amended proposal to defer any decision, however, the majority felt that a start needed to be made on recording bridleway rights between Newnham and Rotherwick. It was felt that the issue had been going on for a good deal of time and it was important for Members to force the issue to ensure a resolution in the near future.

RESOLVED:

That:

(i) The decision of the Rights of Way Panel made on 30 November 2000, to make an order to record the route A-B-C-D-E-F (as shown on the attached plan) as a bridleway, be rescinded.

(ii) The decision of the Regulatory Committee, made on 5 January 2005, to make an order diverting bridleway A-B-C-D-E-F (as shown on the attached plan) be rescinded.

(iii) An order be made to record the routes A-B-C and E-F (as shown on the attached plan) on the definitive map of public rights of way, as a public bridleway. The path to have a width of 4.0 metres between points A-B and 2.7 metres between points B-C and E-F.

Voting: 12 for, 1 against, 2 abstentions.

349. CONVERSION OF THE EXISTING 3 FORM ENTRY JUNIOR SCHOOL BUILDING INTO 1 FORM ENTRY PRIMARY SCHOOL, WITH THE DEMOLITION OF EXISTING 3 FORM ENTRY INFANT SCHOOL AND PLAYGROUND FOR THE CONSTRUCTION OF A GRASS PLAYING PITCH AT WOODCROFT PRIMARY SCHOOL (FORMERLY MEADOWLANDS JUNIOR AND INFANT SCHOOL), WOODCROFT LANE, WATERLOOVILLE (APPLICATION NO. 09/9532/002) (COUNTY COUNCIL REF: HVE023)

Councillor West declared a personal interest as the local County Councillor.

The Committee considered the report of the Head of Planning and Development (Item 6 in the Minute Book) on an application for planning permission to convert the existing 3 Form Entry Junior School building into a 1 Form Entry Primary School.

Officers explained to Members that the numbers on roll had fallen dramatically in recent years, and therefore this decision had been taken.

Whilst Members understood the reasons for the planning application and were broadly supportive of the proposal, concerns were raised about the highway impact whilst refurbishment took place, and then the level of parking for staff and visitors when the conversion was complete. Members were dismayed to learn that the number of parking spaces would be decreased from existing levels, and felt this was unsatisfactory. Members requested that the matter be deferred to a future meeting when more information could be provided about increasing parking levels from the level that had been proposed.

RESOLVED:

That the item be DEFERRED to a future meeting of the Committee so that more information be provided, particularly on the number of parking spaces and cycle racks, and whether parking can be increased from the proposed twenty spaces.

Voting: 13 for, 2 against

350. PROPOSED VARIATION OF CONDITIONS, BUNNY LANE RECYCLING CENTRE, TIMSBURY (APPLICATION NO. 09/00450/CMAS) (COUNTY COUNCIL REF: TV066)

The Committee considered the report of the Head of Planning and Development (Item 9 in the Minute Book) on an application to vary planning conditions at Bunny Lane Recycling Centre, Timsbury. Members were provided with a set of amended conditions at appendix 1 (included in the Minute Book) and were informed that the application was to revise the original conditions imposed on the recycling centre to provide greater certainty for the applicant. Members were reassured that nothing was being relaxed and the application was being considered to provide clarity.

There was some concern about the flexibility being provided to vehicles with reversing bleepers, but were reassured that anything other than low level and tonal `white noise' would have to be agreed by the Waste Planning Authority.

RESOLVED:

That planning permission in respect of the variation of conditions 1, 2, 3, 11 and 12 and the addition of condition 13 to planning permission 08/01463/CMAS at Bunny Lane Recycling Facility, Bunny Lane, Timsbury, Hampshire (Application No: 09/00450/CMAS) be granted, for the reason set out in the report, subject to the conditions at appendix 1.

Voting: 15 for, 0 against.

351. PROPOSED DEDICATION OF A PUBLIC FOOTPATH FROM HURSLEY FOOTPATH 501 TO OLD KENNEL LANE IN OLIVER'S BATTERY PARISH

Councillor Mrs Bailey left the meeting whilst this item was being considered.

The Committee considered the report of the Director of Culture, Community and Rural Affairs (Item 11 in the Minute Book) on the dedication of a public footpath from Hursley Footpath 501 to Old Kennel Lane in Oliver's Battery Parish. It was explained that the proposed footpath was on land purchased by the County Council and was a well used path. Members were pleased that this action would enable Hursley Footpath 501 to reach a public highway.

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: 14 in favour, 0 against.

352. PROPOSED DEDICATION OF A PUBLIC FOOTPATH FROM FOOTPATH 7 TO COMPTON AND SHAWFORD RESTRICTED BYWAY 35 IN OLIVER'S BATTERY PARISH

Councillor Mrs Bailey left the meeting whilst this item was being considered.

At this point, Councillor Neal left the meeting.

The Committee considered the report of the Director of Culture, Community and Rural Affairs (Item 12 in the Minute Book) on the dedication of a public footpath from Footpath 7 to Compton and Shawford Restricted Byway 35 in Oliver's Battery Parish. Officers were happy to proceed with the dedication as it was on Hampshire County Council owned land, and fitted with the Countryside Access Plan to provide safer, more circular walking routes. Members were reassured that an Area Officer would make a safety assessment of the route.

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 4.5 metres.

Voting: 13 in favour, 0 against.

At this point, Councillor Mrs Bailey and Councillor Neal returned to the meeting.

353. APPLICATION TO EXTINGUISH PART OF FOOTPATH 24 IN THE PARISH OF COLDEN COMMON

The Committee considered the report of the Director of Culture, Community and Rural Affairs (Item 13 in the Minute Book) on the application for a Public Path Extinguishment Order for Footpath 24 in the Parish of Colden Common. Officers explained that the footpath was in the middle of a triangle of three good footpaths and was no longer used by the public: it ran through a residents garage. Members agreed that it would be illogical to resist the application.

RESOLVED:


That an order be made to extinguish Footpath 24 in the Parish of Colden Common between points A and B on the attached plan.

Voting: 15 in favour, 0 against.

354. APPLICATION TO DIVERT PART OF FOOTPATH 16 IN THE PARISH OF SHERFIELD ENGLISH

Councillor Cooper declared a personal interest having given advice to the applicant on some design issues.

The Committee considered the report of the Director of Culture, Community and Rural Affairs (Item 14 in the Minute Book) on the proposal to divert part of Footpath 16 in the Parish of Sherfield English. It was explained that the applicant had proposed a new route away from his home, as it currently ran parallel to his house. Officers explained that they could see no reason to object, no user groups had objected to the proposal, and that a diversion would ensure a better conditioned footpath.

RESOLVED:

That an order be made for the diversion of Footpath 16 in the Parish of Sherfield English from that section of the current definitive alignment running between points A and B, to a new route running between Points A and C on the attached plan.

Voting: 15 in favour, 0 against.

355. APPLICATION TO DIVERT PART OF FOOTPATH 13 IN THE PARISH OF WICKHAM

The Committee considered the report of the Director of Culture, Community and Rural Affairs (Item 15 in the Minute Book) on the proposal to divert part of Footpath 13 in the Parish of Wickham. It was explained that the length of diversion was minimal and would help to improve access. Members were pleased to note that no objections had been received from user groups, and that access would be improved for those with mobility issues.

RESOLVED:

That an order be made for the diversion of Footpath 13 in the Parish of Wickham from that section of the current definitive alignment running between points A, B and C, to anew route running between points A, D, E and C on the attached plan.

Voting: 15 in favour, 0 against.

Meeting ended at 12.50pm.