Agenda and draft minutes

Regulatory Committee
Thursday, 24th January, 2019 10.00 am

Venue: Committee Room 1. View directions

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

Items
No. Item

1.

Apologies for Absence

To receive any apologies for absence.

Minutes:

An apology for absence was received from Councillor Katharine Garcia.

 

2.

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.

 

3.

Minutes pdf icon PDF 3 MB

To confirm and sign the minutes of the meeting held on 6 December 2018.

Minutes:

The minutes of the meeting held on 6 December 2018  were confirmed and signed, subject to an amendment of minute 62 to reflect the fact that Councillor Shane Bartlett was a member of Wimborne Minster Town Council Planning and Environment Committee rather than that of East Dorset.

 

4.

Public Participation

(a)               Public Speaking

 

(b)               Petitions

Minutes:

Public Speaking

There were no public questions received at the meeting in accordance with Standing Order 21(1).

 

There were no public statements received at the meeting in accordance with Standing Order 21(2).

 

Petitions

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

 

5.

Restoration of Warmwell Quarry to enable development of Silverlake, Moreton Road, Crossways pdf icon PDF 562 KB

To consider a report by the Service Director Environment, Infrastructure and Economy on:-

·        Planning application No.WD/D/18/002145 -Variation to conditions of permission WD/D/14/00839 to enable changes to the restoration details and the removal of redundant conditions relating to mineral extraction (previously permitted by ”Determination of conditions on an Interim Development Order (IDO permission)); and 

·        Planning application No. WD/D/18/002258 Variation to conditions of permission WD/D/14/000840 to enable changes to the restoration details and the removal of redundant conditions relating to mineral extraction (previously permitted by "extraction of sands and gravels from areas which have been previously worked; regularisation of areas which have historically been used for the extraction of sands and gravels and further extraction in intervening areas"); and

·        Planning application No WD/D/18/002259 Variation to conditions of permission WD/D/16/002906 to enable changes to the restoration details and the removal of redundant conditions relating to mineral extraction (previously permitted by "Consolidation of mineral planning permissions").

 

 

Additional documents:

Minutes:

The Committee considered a report by the Planning and Regulation Manager on three planning applications:-

 

·          WD/D/18/002145 - Variation to conditions of permission WD/D/14/00839 to enable changes to the restoration details and the removal of redundant conditions relating to mineral extraction (previously permitted by ‘Determination of conditions on an Interim Development Order’ (IDO permission));

·      WD/D/18/002258 Variation to conditions of permission WD/D/14/000840 to   enable changes to the restoration details and the removal of redundant conditions relating to mineral extraction (previously permitted by ‘extraction of sands and gravels from areas which have been previously worked; regularisation of areas which have historically been used for the extraction of sands and gravels and further extraction in intervening areas’); and

     WD/D/18/002259 Variation to conditions of permission WD/d/16/002906 to enable changes to the restoration details and the removal of redundant conditions relating to mineral extraction (previously permitted by “Consolidation of mineral planning permission).

 

The three planning applications all served distinct purposes and were integral and adjacent to each other in the overall context of the development, and were designed to seek the same outcomes, this being to:

        extend the restoration period from the 31 December 2018 to the 31 July 2019

        make relatively small amendments to the restoration contours and the size and shape of some of the waterbodies

        formalise a Landscape and Ecological Management Plan (LEMP)

        remove the redundant planning conditions that were now no longer relevant as a result of the cessation of mineral extraction.

 

With the aid of a visual presentation, and taking into consideration the provisions of

the Update Sheet appended to these minutes, officers described the proposals and planning issues in detail, what these entailed and what they were designed to achieve. A brief history of the site and its quarrying usage was also drawn to members’ attention. Plans and photographs were used to show the characteristics of the site now, its location and to describe what activities were to take place and how this would be done. The site’s land form and its context within the surrounding landscape was shown, with views from within and around the site, showing the topography and geology therein. The way in which the proposed restoration activities were to be undertaken were described in detail by officers. Arrangements for the way in which the water levels at the site were to be managed, the development’s progression and the relationships thereof, were also described.

 

The proposal was designed to allow sufficient time for groundworks at the site to be satisfactorily completed so as to provide the configuration of the fundamental landform necessary for the Silverlake holiday home complex to be constructed on the outskirts of Crossways. The reason for these applications was so that the applicant - Habitat First Group – now needed more time to profile the available material than had originally been anticipated to create landforms necessary for the Silverlake development. The applications also proposed changes to the landform to better accommodate the available material. One of the changes  ...  view the full minutes text for item 5.

6.

Extraction of ball clay at Furzeyground Ball Clay Pit, Furzebrook Road, Wareham pdf icon PDF 690 KB

To consider a report by the Service Director Environment, Infrastructure and Economy on:-

·        Planning application No.6/2017/0732 -forthe “Continued working of the western extension to Furzeyground Ball Clay Pit until 31December 2030”; and 

·        Planning application No. 6/2018/0388 - for the Variation of Conditions 3 and 15 of consent 6/1988/0002 to update the approved plan details to allow the extraction of ball clay to be completed, providing an acceptable final landform and restoration which incorporates an internal haul route.

 

Additional documents:

Minutes:

The Committee considered a report by the Planning and Regulation Manager in

respect of two planning applications:

 

·        6/2017/0732 - for the continued working of the western extension of Furzeyground ball clay pit, Furzeybrook Road, Wareham and

·        6/2018/0388  - for the variation of conditions 3 and 15 of planning consent 6/1988/0002, to update the approved plan details to allow the extraction of ball clay to be completed, providing an acceptable final landform and restoration which incorporated an internal haul route. 

 

Both planning applications served distinct purposes and were integral and adjacent to each other in the overall context of the development, and were designed to seek the same outcomes, this being to:-

 

·        facilitate the continuation of working in the west of the site at historic rates, but extending the extraction life by 13 years, until 2030 and proposed the diversion of the internal haul road that ran through the site

·        vary the restoration proposals in the eastern portion of the site to accommodate the diverted haul road.

 

With the aid of a visual presentation, and in taking into consideration the provisions of

the Update Sheet appended to these minutes, officers described the proposals and

planning issues in detail, what these entailed and what they were designed to

achieve. A brief history of the site and it usage was also drawn to members’ attention. Plans and photographs were used to show the characteristics of the site, its location and to describe how the quarrying operations would be progressed. The site’s landform and its context within the surrounding landscape were shown, with views from within and around the site. The activities and operations proposed to be undertaken, and the practicalities of this, were described in detail by officers. Arrangements for the way in which the quarrying was to be phased and managed, its progression and the relationship between each phase was also described.

 

Officers described what activities were to take place on site; their relationship with the current quarrying operations; the site’s setting within the landscape; the local highway network and access arrangements, including where rights of way were situated; and the topography and geology of the area and how these would be managed and landscaped by what was being proposed.

 

The relationship between the site and neighbouring land; residential properties; commercial amenities; environmentally designated areas - as set out in paragraph 2.5 to the report - were all drawn to the attention of members.

 

How the National Planning Policy Framework (NPPF) was applied and what the

Planning Assessment took into consideration in the weighting to be given to the

Draft Minerals Strategy and the part this should play in the Committee’s decision

making process, was detailed in the report.

 

Officers explained the need for this much valued and rare mineral to be won and

worked, its nationally recognised importance in the ceramics industry and the

quantities in which this would be excavated. The development would make

a modest yet important contribution towards the aim of ensuring that the Mineral Planning Authority  ...  view the full minutes text for item 6.

7.

Planning application 6/2017/0746 - Management of Winfrith Magnox Nuclear Licensed Site, Winfrith Newburgh pdf icon PDF 381 KB

To consider a report by the Service Director – Environment, Infrastructure and Economy on planning application 6/2017/0746 - for the development of a grout and concrete plant and an interim curing facility, including a perimeter fence and other associated infrastructure (for a temporary period) at Winfrith Magnox Nuclear Licensed Site, Winfrith Newburgh.

 

Additional documents:

Minutes:

 

The Committee considered a report by the Planning and Regulation Manager on planning application 6/2017/0746, for the development of a grout and concrete plant and an interim curing facility, including a perimeter fence and other associated infrastructure on land at Magnox Nuclear Licensed Site at Winfrith Newburgh. Clarification was provided to members why this application was necessary and why it was being done in the way it was.

 

With the aid of a visual presentation, and taking into account the provisions of the Update Sheet circulated to members prior to the meeting and appended to these minutes, officers described the proposals and planning issues in detail, what these entailed and what they were designed to achieve. The application sought permission for the construction of waste management infrastructure to encapsulate radioactive waste that had arisen from the decommissioning of two former test nuclear reactors on site. The encapsulation of the waste in concrete boxes was required to enable it to be safely and securely exported off site to an interim storage facility at Harwell Licensed Nuclear site in Oxfordshire until a geological disposal facility was to become a practical solution. The capacity and number of boxes was described and the committee noted that the buildings would be removed upon completion of the works.

 

Plans and photographs were used to show the characteristics of the site, its location

and to describe the means by which the facility would operate. The site’s land form; the buildings and facilities proposed to be constructed for the operations; their dimensions; and their context withinthe surrounding landscape were shown, with views taken from within and around thesite. The activities and operations proposed to be undertaken were described in detailby officers, how the treatment of the waste material would be encapsulated and managed in practice and what the storage process entailed.

 

How the waste material would be transported, by vehicle, off site and what arrangements would be put in place to do this were described. Access and security arrangements were also drawn to the Committee’s attention.

 

Officers described what relationship the activities which were to take place on site had with the current operations; the site’s setting within the landscape; and the

relationship of the application with other facilities in the larger context of the site.

Moreover, officers detailed the way in which the waste was to be encapsulated; stored; cured; and managed with this being at the core of the application.

 

The proposed development has been considered against the development plan, national policies and strategy relating to nuclear decommissioning and radioactive waste management, and the draft Waste Plan. The application fully accorded with national policy for radioactive waste management and with national and local planning policy and there had been no objections received to it. The consultation exercise had shown that the County Councillor for South Purbeck, Purbeck District Council; Wool Parish Council; Winfrith Newburgh Parish Council; the Environment Agency; Natural England; Historic England; the Office of Nuclear Registration; the Nuclear Decommissioning Authority; and  ...  view the full minutes text for item 7.

8.

Proposed Puffin Pedestrian Crossing - Bristol Road, Sherborne pdf icon PDF 888 KB

To consider a report by the Service Director – Environment, Infrastructure and Economy.

Minutes:

The Committee considered a report by the Planning and Regulation Manager on the on the advertisement of a proposal for the implementation of a Puffin pedestrian crossing on B3145 Bristol Road, at the northern end of Sherborne, in facilitating the crossing of the road by a controlled means, across the main route to Wincanton and the A303 trunk road.

 

The proposed Puffin crossing had been requested and supported by Sherborne Town Council following representation from the Gryphon School with the aim of providing a safe crossing facility on Bristol Road, near the Blackberry Lane/Quarr Lane junction, for school pupils and parents going to and from local schools, as well as providing a benefit for the wider community. The crossing was seen to be necessary in the absence of any school crossing patrol, which had previously existed but had been unable to be replaced during the previous 3 years despite numerous attempts to do so. Assessments made of pedestrian accessibility need had clearly demonstrated that the criteria for a Puffin crossing had been met and its installation justified.

 

Following the advertisement of the proposals, two representations had been received, on the basis that the crossing would erode already limited on street limited parking provision and adversely impact the amenity of properties in the vicinity of where it was being proposed to be located. On that basis, and having met with those involved on site, these issues had been addressed as far as practicable, so that the, slightly revised, proposed location for the crossing was now seen to be more acceptable whilst still being able to serve the purpose for which it was designed. In accommodating this, this amended design now formed the basis of the recommendation by officers and the basis upon which any decision would be made. The Committee acknowledged and accepted this.

 

In practice, mitigation provided for a marginal relocation of the apparatus so that it would no longer be sited in the line of vision of a residential property’s windows; consideration of the crossing’s activation audibility during night-time and use of efficient LED lighting so as to avoid extraneous light pollution. The lights could be partially cowled if deemed necessary too.

 

With the proposed crossing being requested by Sherborne Town Council on that basis and, along with West Dorset District Council, Dorset Police and the County Councillor for Sherborne as primary consultees, all agreed the proposals should be advertised. However, as a consequence of the objection which remained outstanding, the Committee was now being asked to consider whether the proposals should be recommended to Cabinet for implementation, as amended in the plan in Appendix 3 to the report.

 

With the aid of a visual presentation, officers showed where the crossing was advertised to be sited, the characteristics and configuration of Bristol Road; how the crossing would benefit access local schools and amenities; its relationship with other roads in the surrounding road network; what parking could be retained; the setting of the crossing within the townscape and what  ...  view the full minutes text for item 8.

9.

Proposed Residents' Parking Scheme - Stourbank Road, Christchurch pdf icon PDF 636 KB

To consider a report by the Service Director – Environment, Infrastructure and Economy.

 

Minutes:

The Committee considered a report by the Service Director for Environment, Infrastructure and Economy on a proposed resident’s parking scheme for Stourbank Road, Christchurch to provide for limited parking for 1 hour, with no return within 1 hour, Monday to Friday, 8am – 6pm, except for resident permit holders.

 

This proposal was designed to address concerns from residents about parking, congestion and access issues in the road which had led to a petition being sent to Christchurch Borough Council in that regard. Subsequently the Borough Council was supportive of the concerns raised, particularly that vehicles were unable to turn once within Stourbank Road owing to parked vehicles. The proposed restrictions would improve access for larger vehicles, including refuse vehicles and emergency vehicles.

Given that the County Council’s policy was that petitions for residents’ parking schemes should be supported by at least 60% of residents in the affected street and endorsed by the relevant district/borough council, it was confirmed that this was the case – with 71% support - in the necessary criteria being met and well exceeded the threshold necessary to be progressed. Following the advertisement of the proposals, objections had been received and, as a consequence, the Committee was now being asked to consider whether Cabinet should be asked that the proposals should be implemented as advertised.

 

With the aid of a visual presentation, officers explained the reasoning behind the need for the proposed scheme, what these entailed and the basis of the objections received. As an integral part of the proposal, parking bays and access protection markings would also be implemented, which would ease the flow of traffic and allow turning of vehicles.

 

Photographs and plans were shown to the Committee by way of illustration. This

showed where the proposals would be situated, the characteristics and configuration of the road and its setting within the town. It also showed the relationship between the road and residential properties; where off street parking was available

and the effect congestion was having on access arrangements and where Twynham School was situated and how the need for access to it played a significant part in what was being proposed.

 

Primary consultation had been carried out on the proposals and was supported by the local County Councillor for Christchurch Central, Christchurch Borough Council and the Dorset Police. Objections received were against the principle of resident’s parking; that this problem was attributable to the school and was for them to find a solution; that these measures would only serve to push the problem onto other streets; that evening parking was more of an issue than during the daytime; and that, even in the event of being part of the scheme, there was still no guarantee that a parking space would be available when required. However officers considered that the proposals were, on balance, the best achievable to meet competing needs and addressed the issues currently being experienced. It was confirmed that parking enforcement would be monitored by Civil Enforcement Officers.

 

Having considered the representations  ...  view the full minutes text for item 9.

10.

Questions from County Councillors

To answer any questions received in writing by the Chief Executive by not later than 10.00am on 21 January 2019.

Minutes:

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

11.

Future arrangements for the Committee/Consideration of site visit request

Minutes:

The Committee took the opportunity to consider their future arrangements for their meetings and gave consideration to a request from Knightsford Parish Group Council Group for a site visit to be held in connection with an upcoming planning application about Woodsford Quarry.

 

Having given careful consideration to the merits of holding a site visit as requested, on being put to the vote, it was agreed that this would be unnecessary given that there would be a comprehensive report by officers on the application with photographs and could , if necessary, be complemented by a video of the site the Parish Council wished to take into consideration, which would not involve having to access the application site itself. Furthermore if members wished to familiarise themselves with this site in their own right, they were able to do so.

12.

Update Sheet

Minutes:

Planning Matters

Minute 80

Application Nos: WD/D/18/002145, WD/D/18/002258 and WD/D/18/002259:  Warmwell Quarry / Silverlake, Moreton Road, Crossways

 

Update:

 

The following are proposed revisions to conditions:-

 

Condition 2 for Planning Applications WD/D/18/002145, WD/D/18/002258 & WD/D/18/00259 (ie 3 conditions) should also list the following additional drawings

2655_L_ SWWP_0_01 Rev A Site Wide Woodland Planting Plan   dated 3/01/19

2655_L_ SWHP_0_01 Rev A Site Wide Habitat Planting Plan dated 10/01/19

 

Condition 15 for Planning Applications WD/D/18/002145, WD/D/18/002258 & WD/D/18/00259 (ie 3 conditions) at present is drafted

 

15.       Unless otherwise approved in writing by the Mineral Planning Authority each area of the site shall be planted with trees and shrubs during the first planting season (November to February) following completion of its restoration in accordance with a Planting Scheme submitted to and approved in writing by the Mineral Planning Authority.  Any Planting Scheme submitted to the Mineral Planning Authority for approval shall include details for each area of the species to be planted, densities of planting, quantities of each species to be planted, positioning of planting within the restored areas and timescale for implementation.

 

This condition (common to all three applications) should now state

 

15.       Unless otherwise approved in writing by the Mineral Planning Authority each area of the site shall be planted with trees and shrubs during the first planting season (November to February) following completion of its restoration in accordance with the Site Wide Woodland Planting Plan and associated planting schedule (drawing number 2655_L_ SWWP_0_01 Rev A dated 3/01/19) and the Site Wide Habitat Planting Plan and associated planting schedule (drawing number 2655_L_ SWHP_0_01 Rev A dated 10/01/19)

 

Conditions 17, 18, and 19 for each of Planning Applications WD/D/18/002145, WD/D/18/002258 & WD/D/18/00259 (ie 9 conditions) refer to the “Landscape and Ecological Management Plan (LEMP) Version 1 – 2018”.

 

These 9 conditions should now refer to the “Landscape and Ecological Management Plan (LEMP) Part 1 version 2.0 dated 16/01/2019 and Part 2  5-year Management Prescriptions version 2 dated 16/01/2019”

 

 

Officer comment:

 

Proposed change to conditions to reflect latest version of landscape planting schedule and the latest revision to the Landscape and Ecological Management Plan (LEMP)

Minute 81

Application No. 6/2017/0732 - Furzeyground Ball Clay Pit, Furzebrook Road, Wareham, Dorset

Update

 

Change to recommendation to make it more precise

 

Recommendation

As written in the published report

 

8.1            ThattheMineralPlanningAuthorityresolvestograntplanningpermissions 6/2017/0685 and 6/2017/0687, subject to theconditionssetout in the condition schedules found in 8.3 and 8.4 and the heads of terms of the legal agreement set out in section 8.2 below.

8.2            To mitigate against and compensate for the delay in restoration of the site, as detailed in paragraph  ...  view the full minutes text for item 12.