Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of the HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 7 October 2009.

PRESENT:

Chairman:

p Councillor R.C. McIntosh

Vice-Chairman

p Councillor I.F.E. Beagley

Councillors:

Councillor F. G. Allgood also attended for the item referred to in Minute 42 and Councillor D. Harrison also attended for the item referred to in Minute 45.

36. APOLOGIES FOR ABSENCE

Apologies for absence were submitted on behalf of Councillors J. V. Bryant

on account of him being at the Conservative Conference, S. James and

J. Wall.

37. 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.

38. MINUTES

The Minutes of the meeting of the Committee held on 2 September 2009 were confirmed as a correct record and signed by the Chairman, as amended.

39. CHAIRMAN'S ANNOUNCEMENTS

The Chairman advised Members that the Chairmanship of the Yokesford Hill Liaison Panel had recently changed to Councillor R. J. Perry.

The Chairman reminded Members about the training event on planning on Wednesday 14 October at 9.30am until 1pm in the Mitchell Room, Ground Floor, Queen Elizabeth II Court West.

40. 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 the 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, 12 and 14.

41. PERMANENT FACILITY FOR RECYCLING CONSTRUCTION AND DEMOLITION WASTE AND EXTENSION OF EXISTING SITE INCLUDING CONSTRUCTION OF SCREENING BUND, ERECTION OF RECYCLING BUILDING AND WASTE RECYCLING PLANT, IMPORTATION OF AGGREGATES FOR RE-SALE INCLUDING ERECTION OF STORAGE BAYS AT THE A303 RECYCLING FACILITY, DRAYTON ROAD,

BARTON STACEY

(APPLICATION NO. 09/01292/HCCN) (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 a permanent facility for recycling construction and demolition waste and an extension of the existing site including the construction of screening bunds, erection of recycling building and waste recycling plant and importation of aggregates for re-sale including the erection of storage bays at The A303 Recycling Facility, Drayton Road, Barton Stacey.

(Application No. 09/01292/HCCN) (County Council Ref: TV231)

The Head of Planning and Development referred to the site visit which Members had attended on 21 September 2009.

In considering the application, Members noted the main issues associated with the development; the landscape impact on the countryside which had been satisfactorily addressed, the fact that there would be no amenity harm to the locality, the ongoing need for recycling and to extend the range of recycling on site. Although the traffic would increase over and above the current operation it would not increase over the levels proposed in the original application. The extension would be on the land which was countryside but would only be a minor departure and so would be acceptable.

Mr S. Cole, the applicant made a deputation in respect of this item.

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

The Head of Planning and Development confirmed that the building would be viewed against the landscape and not the skyline and landscape planting would be with species native to the area.

RESOLVED:

That planning permission for a permanent facility for recycling construction and demolition waste and extension of existing site including construction of a screening bund, erection of a recycling building and waste recycling plant, importation of aggregates for re-sale including erection of storage bays at

The A303 Recycling Facility, Drayton Road, Barton Stacey (Application No. 09/01292/HCCN) (Site Ref: TV231) be granted subject to the conditions set out in Appendix B to the report.

Voting: 12 in favour, 0 against.

42. PROPOSED EXTENSION OF TIME FOR A FURTHER PERIOD AS A VARIATION OF CONDITION 1 OF PP S/02/58145 AT FAIR OAK LANDFILL, MORTIMER LANE, EAST HORTON, EASTLEIGH (APPLICATION NO. S/09/65443) (SITE REF: EA083)

The Committee considered a report of the Head of Planning and

Development (Item 7 in the Minute Book) on an application for an extension

to the time period as a variation of condition 1 of PPS/02/58145 at Fair Oak

Landfill, Mortimer Lane, East Horton, Eastleigh.

In considering the application, Members noted the main issues associated

with the development, namely that there is a continuing need for this type of facility and a strong need for restoring the site within 2 years. The proposal would extend the period of lorry traffic and the current permission has a legal agreement restricting the routes that the lorries can use. Members were advised that all vehicles travel to and from the site via Mortimers Lane to Winchester Road, which then connects to the approved lorry route. The route through Wickham is part of the County Council's lorry route and its use is not restricted by the legal agreement.

Councillor Jenny Hollis, Wickham Parish Councillor made a deputation raising

objection on the grounds of continued disturbance to Wickham by the lorry

traffic. Councillor F. Allgood as Chairman of the Fair Oak Liaison Panel made

a deputation representing the views of the local residents as expressed at the

Liaison Panel meetings supporting the need for restoration to be completed.

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

to be asked of the deputees.

In answer to a Member's queries about why there was a need for an

extension of time and why the work could not have been completed sooner,

the Head of Planning and Development advised Members that all the waste

tipping had been completed up to the required levels however there was still

the need to restore the site. Due to the downturn in the economy there was a

lack of suitable materials available which justified the extension of time and he

reassured Members that it was only the timescale that was being increased

and not the amount of material going into the site.

A Member suggested a site visit which was seconded.

Voting: 2 in favour, 10 against.

RESOLVED:

That, subject to continuation of the legal agreement for a lorry routing

agreement, planning permission in respect of a proposed extension of time

for a variation of condition 1 of PPS/02/58145 at Fair Oak Landfill,

Mortimer Lane, East Horton , Eastleigh (Application No. S/09/65443) be

granted subject to the conditions set out in Appendix B of the report.

Voting: 11 in favour, 1 against.

43. PROPOSED BLENDING OF ORGANIC PRODUCTS AND MINERALS TO

CREATE HIGH QUALITY TOPSOILS AT EVERSLEY QUARRY,

FOX LANE, EVERSLEY (APPLICATION NO. 09/01592/CMA)

(SITE REF: HR038)

The Committee considered a report of the Head of Planning and

Development (Item 8 in the Minute Book) on proposals for blending organic

products and minerals at Eversley Quarry, Fox Lane, Eversley.

The Head of Planning and Development reported that there was an

arithmetic error in the report which had been caused by confusion with

cubic metres and he advised that 44,000 tonnes would be produced from

8,000 tonnes of compost and 36,000 tonnes of sand rather than the figures in

the report.

Mr Phillip Todd made a deputation in respect of this item raising objection in

relation to the lorry traffic associated with the proposal.

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 namely; the landscape, that there is no detrimental

impact, the proposal is located alongside the existing site, well away from

houses with the nearest house at a distance of 400 metres, that the

additional traffic would be relatively low, the proposal meets the need and

benefits a complementary activity and meets policy requirements.

The Head of Development confirmed that the compost brought to the site

would be transported in articulated lorries, but that the material leaving the

site would be in smaller tipper trucks. The routing was consistent with that

association with the quarry operations and an assessment had also been

carried out by the Highway Authority.

Members requested that the item be deferred for further clarification on the

highway issues and further consultation with the Local Member.

RESOLVED:

That the item be deferred to allow clarification of highways and traffic

movements and for confirmation on whether the facility at Bramshill will be

relocated or cease to operate and for further liaison with Councillor Simpson

as Local Member.

Voting: 7 in favour, 2 against and 3 abstentions.

44. INSTALLATION OF 6KW PROVEN WIND TURBINE ON A 15M MAST AT

SOPLEY PRIMARY SCHOOL, SOUTH RIPLEY

(APPLICATION NO. 09/94039) (COUNTY COUNCIL REF: NFE005)

This item was withdrawn.

The Committee was advised that this item had been withdrawn to allow

further information to be reported to the next Committee meeting.

45. PROPOSED VARIATION OF CONDITION 16 OF PP:69546 TO EXTEND

THE RANGE OF WASTE TO INCLUDE OTHER MUNICIPAL OR

COMMERCIAL WASTE AT MARCHWOOD ENERGY RECOVERY

FACILITY, OCEANIC WAY, MARCHWOOD (APPLICATION NO. 09/94435)

(SITE REF: NF226)

The Committee considered a report of the Head of Planning and

Development (Item 10 in the Minute Book) on proposals to extend the range

of waste at Marchwood Energy Recovery Facility.

Councillor D. Harrison as Local Member spoke objecting to the proposal.

The Head of Planning and Development advised that there was no change to

the capacity of the site, to the nature of the waste or to the facility.

In considering the application, Members noted that the applicant had stated

that an operational for flexibility to operate in a more efficient manner. The

facility produces a sustainable source of energy and the proposal would not

increase local environmental impacts over the existing situation.

The Head of Planning and Development advised that the application was

specifically for the Marchwood Energy Recovery Facility (ERF), the same

proposal for the Chineham ERF had been approved under delegated

authority and the Portsmouth ERF would be determined by Portsmouth City

Council. The Marchwood ERF was currently operating at full working

capacity and handled waste from Hampshire. Veolia had various collection

points across the County and "dustcarts" were directed to ERF's or directly to

Transfer Stations depending on the locality.

A Member advised that at the time the original permission was granted for

the site it had been suggested that the waste might be transferred to and

from Southampton across the water. The Head of Planning and

Development confirmed that this was still being looked into and that feasibility

studies had been carried out.

Several Members raised issues about the proposed variation with specific

concern at the prospect of waste being taken to Marchwood from other

counties. A Member suggested that the item be deferred for further

consideration and to allow more information on cross boundary movements

of waste to be gathered.

RESOLVED:

That this item be deferred for further information and specifically on cross

boundary movements of waste.

Voting: 7 in favour, 4 against and 1 abstention.

At this point Councillor David Simpson left the meeting.

46. APPLICATION FOR REGISTRATION OF A TOWN OR VILLAGE GREEN,

CONCERNING LAND KNOWN AS DONKEY DERBY FIELD,

HAMBLE-LE-RICE

The Committee considered a report of the Director of Culture, Communities

and Rural Affairs (Item 12 in the Minute book) on an application for

registering land known as Donkey Derby Field in Hamble-le-Rice.

Councillor Vicki Weston made a deputation in respect of this item.

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

to be asked of the deputee.

RESOLVED:

That the application to register `Donkey Derby Field', Hamble-le-Rice as town

or village green be rejected for the reasons set out in the inspector's report

dated 27 July 2009.

Voting: 11 in favour, 0 against.

At this point Councillor R. H. Price left the meeting.

47. PROPOSAL TO RECORD A RESTRICTED BYWAY OVER FOOTPATH 13

IN THE PARISH OF ROWLANDS CASTLE

The Committee considered a report of the Director of Culture, Communities

and Rural Affairs (Item 14 in the Minute Book) on a proposal to record a

restricted byway over Footpath 13 in the Parish of Rowlands Castle.

Mrs Jill Holmes made a deputation in respect of this item.

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

to be asked of the deputee.

Additional representations from the landowner and Rowlands Castle Parish

Council were circulated to Members at the meeting which provided the Parish

Council's up to date position.

Members noted the history of the route, including the unofficial diversion of

the statutory line of the path and that designating the path as a restricted

byway would change the use as the path would be open to walkers, horse

riders, cyclists and horse drawn vehicles. A Member raised concerns about

the path being open to horse-drawn vehicles which would then mean that

motorised vehicles could potentially use it and suggested that the gates be

locked and users provided with a key. The Director of Culture, Communities

and Rural Affairs advised that this was a management issue. Members

noted that the situation had become quite complex and resolving all the

issues would not be straightforward.

A Member requested that the item be deferred to a future meeting when

more information could be provided, which was seconded.

RESOLVED:

That the item be deferred to a future meeting so that more information can be

presented.

Voting: 6 in favour, 4 against.

At this point Councillors B. T. Gurden and A. McAvoy left the meeting.

48. APPROVAL OF POLICY ON SAFETY AT SPORTS GROUNDS

Councillor J. K. West declared a personal interest as his wife is a Member of

Hampshire Cricket Club.

The Committee considered a report of the County Emergency Planning

Officer (Item 11 in the Minute Book) on approval of the policy on safety at

sports grounds in Hampshire.

Members noted the definition of a sports ground and that a safety certificate

is required for grounds where the seating capacity is over 10,000 spectators

and 5,000 spectators for a Premiership Football Club.

RESOLVED:

That the Safety at Sports Grounds Policy Document be approved.

Voting: 8 in favour, 0 against.

49 . APPLICATION FOR THE ADDITION TO THE DEFINITIVE MAP OF A

FOOTPATH AROUND THE PERIMETER OF `SANDPIT FIELD' BETWEEN

BLACK HORSE LANE AND SHEDFIELD FOOTPATH 14,

SHIRRELL HEATH, IN THE PARISH OF SHEDFIELD

The Committee considered a report of the Director of Culture and

Communities and Rural Affairs (item 13 in the Minute Book) on an application

for the addition to the Definitive Map of a Footpath around the perimeter of

`Sandpit Field' between Black Horse Lane and Shedfield Footpath 14,

Shirrell Heath, in the Parish of Shedfield.

The Director of Culture, Communities and Rural Affairs advised that no

further responses had been received from consultees.

Voting: 8 in favour, 0 against.

Meeting ended at 13.35 pm