Agenda and minutes

Regulatory Committee
Thursday, 14th June, 2018 10.00 am

Venue: Springfield Hotel, Grange Road, Wareham, BH20 5AL

Contact: David Northover  Email: d.r.northover@dorsetcc.gov.uk - 01305 224175

Items
No. Item

22.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Cllrs Jon Andrews and Kevin Brookes.  Cllr Nick Ireland attended the meeting as a substitute for Cllr Jon Andrews.

23.

Code of Conduct

Councillors are required to comply with the requirements of the Localism Act 2011 regarding disclosable pecuniary interests.

 

§     Check if there is an item of business on this agenda in which the member or other relevant person has a disclosable pecuniary interest.

§     Check that the interest has been notified to the Monitoring Officer (in writing) and entered in the Register (if not this must be done on the form available from the clerk within 28 days).

§     Disclose the interest at the meeting (in accordance with the County Council’s Code of Conduct) and in the absence of a dispensation to speak and/or vote, withdraw from any consideration of the item.

 

The Register of Interests is available on Dorsetforyou.com and the list of disclosable pecuniary interests is set out on the reverse of the form.

 

Minutes:

There were no declarations by members of disclosable pecuniary interests under the Code of Conduct.

24.

Terms of Reference

To note the Committee's Terms of Reference as follows:-

 

Planning Matters
1. In relation to County matters (with the exception of slurry stores in the areas of these districts that have accepted delegations from the County Council to determine these matters) and applications under Regulation 3 of the Town and Country Planning General Regulations 1992, to determine applications for:-
(i) Planning Permission
(ii) Certificates of lawfulness of existing use or development
(iii) Certificates of lawfulness of proposed use or development
2. To respond to consultations on development proposals of strategic importance, by making recommendations to the Cabinet.
3. In relation to review powers incorporated in the Environment Act 1995.
(i) The approval of conditions and updating of old mineral permissions.
(ii) Carrying out a periodic review of all mineral permissions.
4. Enforcement of planning control.
5. To make orders for the modification, suspension, revocation, discontinuance or prohibition of mineral workings.
6. Power to enforce or dispense with the duty to replace trees whether inside Conservation Areas or not and to grant consents under a Tree Preservation Order, also functions relating to the protection of hedgerows.

Roads and Rights of Way Matters
7. Making recommendations to the Cabinet on traffic regulation including:-
(i) Making of traffic regulation orders
(ii) installation of minor traffic calming measures
(iii) aids to pedestrian movement
(iv) provision for cyclists
8. Legal proceedings and enforcement action relating to roads and bridges.
9. Power to make New Street Byelaws.
10. To review the Definitive Map and Statement of Rights of Way.
11. To determine applications to modify the Definitive Map and Statement of Rights of Way.
12. To consider applications for the creation, diversion and extinguishment of rights of way including power to create footpaths and bridleways.
13. To promote and protect the rights of the public to use and enjoy highways.
14. The functions of the County Council as registration authority for commons and town and village greens.

Licensing and Registration Matters
15. Power to issue, amend or replace safety certificates (whether general or special) for sports grounds,
16. Power to issue, cancel, amend or replace safety certificates for regulated stands at sports grounds.
17. Power to licence the employment of children.
18. To hear and determine appeals from applicants for or existing holders of "approved premises" licences in accordance with the Marriage Act 1949 (as amended).
19. To determine applications made under Section 7 of the Explosives Act 1875 (now amended to the Manufacture and Storage of Explosives Regulation 2005) for the establishment of a factory or magazine.
20. The functions of the County Council in relation to elections.

Minutes:

Members received the Terms of Reference for the Committee.

 

Noted

25.

Minutes pdf icon PDF 196 KB

To confirm and sign the minutes of the meeting held on 22 March 2018.

Minutes:

The minutes of the meeting held on 22 March 2018 were confirmed and signed.

26.

Public Participation pdf icon PDF 2 MB

Additional documents:

Minutes:

Public Speaking

There were public questions received at the meeting in accordance with Standing Order 21(1).  The questions are attached in an annexure to these minutes.  It was clarified at the meeting that questions 1, 3 and 4 did not relate to the remit of the Regulatory Committee and would therefore be forwarded to the applicant to respond to outside of the meeting.  The response to question 2 was provided as part of the introduction to the item by the Planning Officer at minute 27 below.

 

There were 28 public statements received at the meeting in accordance with Standing Order 21(2).  All statements are attached in an annexure to these minutes.

 

Petitions

There were no petitions received at the meeting in accordance with the County Council’s Petition Scheme.

27.

Alterations to the existing railway footbridge and erection of new ramp structures, providing step free access from the highway to the footbridge. Wareham Railway Station, Northport, Wareham, Dorset, BH20 4AS. pdf icon PDF 429 KB

To consider a report by the Head of Planning.

Additional documents:

Minutes:

The Committee considered a report by the Head of Planning in relation to a replacement step free crossing across the railway line at Wareham Station. A site visit to Wareham Train Station was held on 16 November 2017 and attended by a number of members.  Those members who had not attended the site visit took part in the debate as they felt that they were familiar with the site and had sufficient knowledge of the site to take part.

 

The Principal Planning Officer provided a presentation and detailed introduction to the application and an update sheet (attached as an annexure to these minutes).  A site plan and images of the proposed ramps were shared at the meeting to explain the design and scale.  It was explained that as the key north-south pedestrian access for Wareham there were in excess of 1000 movements across the current crossing and approximately 68 trains passed through the station each day.   The presentation included photos showing the station and application site, including public crossing the train line, the bridge, platforms, buildings and the surrounding roads near to the site.  Further context was provided regarding the grade 2 listed bridge and buildings, and the street scene. 

 

The impact of the proposal on the listed building was explained.  Two 2m wide-sections of the bridge parapet would be removed to allow two mobility scooters to pass.  Additional brackets and columns would be added to the bridge under these cut outs.  The Principal Planning Officer explained that for the most part, the setting of the listed building was relatively unaffected.  However, there was particular concern about the impact on the setting from the East and on the relationship between the existing bridge and the signal box.  It was explained that Purbeck District Council’s Conservation Officer had assessed the harm to the listed building as less than substantial.  As the proposal would result in harm to the listed building, the Principal Planning Officer set out the various alternative that had been considered.

 

In relation to the rail crossing, the background to the use of the public across the trainline was explained and the arrangements in place for the current manned crossing.  Network Rail and the Office for Road and Rail had an ongoing concern in respect of the potential for incidents at the crossing and that there had been recorded near misses on the site between 2015-2017.  Network Rail had closed over 1000 level crossings based on the same risk assessment methodology (this crossing had been assessed at D4 based on a scale of A-M and 1-13) in December 2017 which included the abuse of crossings.  A photo was shown taken by the Principal Planning Officer during an unannounced visit showing the crossing guard holding back a person who was on the wrong side of the gates after they had closed.  A video of what in Network Rail’s view constituted a near miss was also provided for information.

 

The design of the step free proposal which provided for 1:12 gradient  ...  view the full minutes text for item 27.

28.

Questions from County Councillors

To answer any questions received in writing by the Chief Executive by not later than 10.00am on 11 June 2018.

Minutes:

There were no questions raised by members under Standing Order 20(2).