Archived decisions

AT A MEETING of the REGULATORY COMMITTEE of the HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 11 November 2009.

PRESENT:

Chairman:

p Councillor R.C. McIntosh

Vice-Chairman

p Councillor I.F.E. Beagley

Councillors:

Also in attendance - Councillor S. Rippon-Swaine for the item referred to in Minute 55 and Councillor D. Harrison for the item referred to in Minute 57.

50. APOLOGIES FOR ABSENCE

Apologies for absence were submitted on behalf of Councillor B. T. Gurden

who was attending a Remembrance Day ceremony in Basingstoke.

51. 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.

52. MINUTES

The Minutes of the meeting of the Committee held on 7 October 2009 were confirmed as a correct record and signed by the Chairman.

53. CHAIRMAN'S ANNOUNCEMENTS

As it was Armistice Day, the Chairman advised Members that he would hold a

2 minutes silence at 11am to remember all those men and women who were

killed during the two world wars and other conflicts.

The Chairman reminded Members that two site visits would take place on

Monday 7 December 2009 to Farlington Redoubt and Marchwood Quarry.

The Chairman advised Members that this was the last meeting that

Lindsey Hawke-Davies would be attending as a result of her leaving Hampshire County Council. The Committee joined with him in expressing their thanks and appreciation to Lindsey for her professionalism and efficiency and wished her well in her new career.

54. 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.

55. INSTALLATION OF A 6 KILOWATT PROVEN WIND TURBINE ON A

15 METRE MAST AT SOPLEY PRIMARY SCHOOL, SOUTH RIPLEY (APPLICATION NO. 09/94029) (COUNTY COUNCIL REF: NFE005)

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 installation of a 6 kilowatt Proven wind turbine on a 15 metre mast at Sopley Primary School, South Ripley. (Application No. 09/94029) (County Council Ref: NFE005)

The Head of Planning and Development advised the following corrections to the report.

· The correction of the Application No. to 09/94039.

· Correction in title, should be 6 kilowatt not 60 kilowatt.

· Paragraph 7.5 an average of 5.2 metres/second reading at 15 metres.

· Paragraph 7.6 approximately 3.2 tons..

· Appendix B new Condition No. 9 ` in the event the use of a wind turbine is discontinued it shall be within three months of the discontinuation be dismantled and the land restored to its former condition'.

· Reason: to prevent a redundant structure being a focus of dereliction and a detriment to the amenities of the area and to ensure the land is properly restored.

The Head of Planning and Development referred to the site visit on 26 October 2009 to Itchen Valley Country Park where Members had viewed a similar wind turbine to the one proposed at Sopley Primary School. He confirmed that the turbine seen at the Itchen Valley Country Park was the older turbine blade design and the proposed turbine had a redesigned blade to a more aerodynamic profile which would generate less noise and be more efficient.

Mr Ian. Beveridge, Wind Turbine Consultant at Solar Energy Alliance,

Mr Steve Gosling, Sound Consultant at 24 Acoustics Limited spoke in favour of the application, Miss Cynthia Hiscock local resident, Mr Nigel Francis local resident and Ms Nicky Passmore made deputations in opposition to the application.

Councillor S Rippon-Swaine as Local Member spoke concerning various issues including nature conservation, school building and local residents' objections.

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 the relevant policy was that set out in the New Forest Core Strategy. An assessment had been carried out and studies had shown that there would be no significant harm on the wildlife species and a condition would reinforce their protection. There was an outstanding objection from New Forest District Council regarding the visual impact but the site was part of the school site and the structure would not interfere with the openness of the green belt and was therefore acceptable. Local objections had been received about the potential noise. A noise report had been carried out by the applicant and noise consultants had been employed to review the applicant's findings which had been found to be acceptable. The Head of Planning and Development referred to Appendix 3 of the Committee report, and the Consultant's report. He also referred to the Environmental Health Officer comment that there should be a weighting of 5 dBA but it was concluded this was, on balance, a marginal impact so he felt there was no planning objection on noise grounds.

The Head of Planning and Development advised that in relation to sustainability, policy CS4 supports micro regeneration and renewals as part of new developments so the School is expected to provide at least 10% of its needs by renewables. This is strongly supported by national planning policy and ministerial statements. Professionals had advised that the turbine would generate the equivalent of 20% of electricity consumption of the school. Overall a balance had to be struck between the visual and the noise issues against sustainability policy. On balance weight is given to the renewable energy considerations rather than other matters. He further advised that the difference of opinion would be for Members to make a judgement.

Several Members were concerned about the local wildlife impact indicating that protection should be included. Other Members were satisfied with the ecological aspects, but concerned about the visual intrusion balanced by sustainability issues and the key outstanding issue of noise particularly for children. Some Members suggested that recordings of the noise levels should be obtained as there was concern that local residents would be disturbed. One Member suggested that one way forward would be to grant a temporary permission for three months with further visits to the site. A Member proposed that the application be deferred for clarification about the definitive impact and noise levels including specific examples from sites around the UK. This proposal was seconded.

RESOLVED:

That planning permission for the installation of a 6 kilowatt Proven wind turbine on a 15 metre mast at Sopley Primary School, South Ripley (Application No.09/94029) (County Council Ref: NFE005) be deferred for further clarification about the definitive impact and noise levels including specific examples from sites around the UK.

Voting: 12 in favour, 1 against and 1 Abstention.

56. 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 7 in the Minute Book) on proposals for blending organic

products and minerals at Eversley Quarry, Fox Lane, Eversley

(Application No. 09/01592/CMA) (Site Ref: HR038).

The Head of Planning and Development advised the following corrections to

the report:

Paragraph 1.3 : the site would be accessed from the existing quarry access known as Halls Way, via a disused haul road. Halls Way links to Fox Lane and the B3272. The B3272 links directly to the west with the A327 part of the Strategic lorry route network. The access also services ongoing restoration operations associated with Chandlers Farm Quarry, a sports facility and a long established water sports centre.

Paragraph 2.3 last sentence ` the conservation area of Eversley Cross...'.

The Head of Planning and Development advised that this application had been deferred at the last meeting to allow clarification of highways and traffic movements and for confirmation on whether the facility at Bramshill would be relocated or cease to operate and for further consultation with Councillor Simpson as Local Member. A meeting between the Planning Officer, Highways Officer and Councillor Simpson had raised three main issues; the nature of the traffic in terms of the lorry movements which had been calculated based on the site operating in addition to the existing quarry operation, the traffic impact on the local roads in terms of capacity and volumes and the cumulative impact which the Highways Officer had evaluated and had confirmed that it would not cause a highway issue.

In considering the application, Members noted the main issues associated

with the development, namely the additional information now provided, that the traffic and highway impact would be acceptable, the site was not visually intrusive and the distance from the nearest house was such there would not be an amenity impact. Further that there would be no odour because of the use of final product compost. The proposal was in accordance with the policy and it would add value to the compost resulting from green house waste recycling. The Head of Planning and Development advised that if granted he proposed adding additional wording to Condition 15 relating to vehicles not using Coopers Hill to which the applicant had given an undertaking.

Mr George. Longmuir, the applicant and Managing Director of Freeland Horticulture, made a deputation in support of the application.

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

Councillor Simpson advised that his major concern was about the 40 tonne lorries travelling through the two conservation areas and the need to protect the areas. He was aware that Highways had advised that the lorries were acceptable. He asked for a correction to Condition 15 to include Coopers Hill as well and the Head of Planning and Development agreed to this amendment.

RESOLVED:

That planning permission in respect of a 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) be granted subject to the conditions set out in Appendix B of the report.

Voting: 12 in favour, 0 against and 1 Abstention.

At this point Councillor James left the meeting.

57. PROPOSED VARIATION OF CONDITION 16 OF PP:69546 TO

EXTEND THE RANGE OF WASTE TO INCLUDE OTHER MUINICIPAL OR COMMERCIAL WASTE IN ADDITION TO WASTE COLLECTED BY OR ON BEHALF OF WASTE COLLECTION AUTHORITIES IN HAMPSHIRE AT MARCHWOOD ENERGY RECOVERY FACILITY, OCEANIC WAY, MARCHWOOD (APPLICATION NO. 09/94435) (SITE REF: NF226)

Councillor J. V. Bryant declared a non pecuniary interest as Chairman of the

Marchwood Liaison Panel.

The Committee considered a report of the Head of Planning and

Development (Item 8 in the Minute Book) on proposals to extend the range

of waste at Marchwood Energy Recovery Facility.

The Head of Planning and Development advised the following corrections to

the report:

Paragraph 1.4 second sentence `from other locations when it is used as

`back up'..'.

Paragraph 2.7 first sentence` Blue Haze Landfill site, Ringwood, operated by

Veolia...'

Paragraph 2.8 first sentence ` as originally permitted by the Secretary of

State.

Paragraph 2.9 last sentence ` the Materials Recycling Facility (MRF) at

Hounsdown, Totton.

The Head of Planning and Development advised that planning permission

was being sought to allow the treatment of waste at the Energy Recovery

Facility (ERF) from sources outside Hampshire. The purpose was to enable

the ERF network to work efficiently and facilitate waste being managed higher in the waste hierarchy.

In considering the application, Members noted the main issues associated

with the development, namely that the proposal concerned the source of the

waste and not the amount and did not create any additional capacity at the ERF.

Therefore, the proposal would not affect the traffic levels. Members were advised

that the amenity would not be affected by the proposal and that the Environment Agency and the Environmental Health Officer at New Forest District Council had not objected.

Councillor Alison Hoare, New Forest District Councillor spoke against the application and Mr Richard Johnson of Veolia (the applicant) made a deputations in support.

Councillor D. Harrison spoke objecting to the proposal and requested that

Members consider deferring the item to allow further consultations to take

place.

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

to be asked of the deputees.

The Head of Planning and Development advised that the planning permission

had no capacity limits or vehicle limits and the environmental permit capacity limit was

concerned with the pollution not the overall environmental capacity .

One Member commented that he was not aware of any public consultation

where the policy had been changed to import waste from other authorities. Whilst other Members supported the ERF in preference to the alternative of landfill. Concern was raised that the traffic infrastructure in the area should be considered.

The Head of Planning and Development advised that some of the issues

raised were immaterial to the application and could not be taken into

account. He was aware of the traffic issues as mentioned by Councillor

Alison Hoare in her presentation and the issues associated with the development of the new waste transfer station at the old Marchwood Incinerator site, and the situation would be discussed with Veolia in the next few months. Whilst the issue of the impact of lorry traffic in Marchwood was recognised, this application would not lead to an increase in lorry traffic to and from the ERF.

He further advised that it was the policy of Hampshire County Council to achieve

`net' self sufficiency as outlined in the Hampshire, Portsmouth, Southampton and New Forest National Park Minerals and Waste Core Strategy, and confirmed this had gone through all the necessary consultation requirements and was adopted by the Council..

The Head of Planning and Development concluded by stating that the limited

proposal made more effective use of the ERF, had no adverse impact on

amenity and traffic and complied with the Development Plan.

RESOLVED:

That planning permission for the proposed variation of Condition 16 of

Planning Permission 69546 to extend the range of waste to include other

municipal or commercial waste in addition to waste collected by or on behalf

of waste collection authorities in Hampshire at Marchwood Energy Recovery

Facility, Oceanic Way, Marchwood (Application No. 09/94435) be granted

subject to the conditions in Appendix B to the report.

Voting: 12 in favour, 1 against.

At this point Councillor J. V. Bryant left the meeting

58. EXTENSION OF RECENTLY COMPLETED CHILDREN'S CENTRE BUILDING TO CREATE A CRÈCHE ROOM AND CHILDREN'S WC FOR CENTRE USE AT MORELANDS PRIMARY SCHOOL, CROOKHORN LANE, WATERLOOVILLE

(APPLICATION NO: 09/65606/001) (COUNTY COUNCIL REF: HVE 043)

The Committee considered a report of the Head of Planning and Development (Item 9 in the Minute Book) on proposals for a crèche and children's wc at the recently completed children's centre at Morelands Primary School, Crookhorn Lane, Waterlooville.

In considering the application, Members noted the main issues associated with the development, namely that the visual impact was minimal in terms of the duration as it was a 14 week contract, that the contractor's compound would be sited on the verge, there was no alternative for the temporary access in Crookhorn Lane but that it would be reinstated, the crèche was already on site in the main building and the Sycamore trees would be replaced by Silver Birch and Ash.

RESOLVED:

That planning permission to construct an extension of the recently completed Children's Centre building to create a crèche room an children's WC for Centre use at Morelands Primary School, Crookhorn Lane, Waterlooville (Application No. 09/65606/001) be granted subject to the conditions set out in Appendix B to the report.

Voting: 13 in favour; 0 against

Meeting ended at 13.30 pm