Agenda and minutes
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Contact: Cheryl Hardman or Huma Younis Email: cherylh@surreycc.gov.uk or Email: huma.younis@surreycc.gov.uk
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APOLOGIES FOR ABSENCE AND SUBSTITUTIONS
To receive any apologies for absence and notices of substitutions under Standing Order 40. Additional documents: Minutes: Apologies for absence were received from Margaret Hicks and Natalie Bramhall. Denis Fuller substituted for Margaret Hicks. |
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MINUTES OF THE LAST MEETING
To confirm the minutes of the meeting held on 15 October 2014. Additional documents: Minutes: The Minutes were agreed subject to Minute 109/14 being amended to show the second informative agreed as at present the same informative is replicated twice. |
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PETITIONS
To receive any petitions from members of the public in accordance with Standing Order 65 (please see note 7 below). Additional documents: Minutes: There were none. |
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PUBLIC QUESTION TIME
To answer any questions received from local government electors within Surrey in accordance with Standing Order 66 (please see note 8 below). Additional documents: Minutes: There were none. |
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MEMBERS' QUESTION TIME
To answer any questions received from Members of the Council in accordance with Standing Order 47. Additional documents: Minutes: There were none. |
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DECLARATIONS OF INTERESTS
To receive any declarations of disclosable pecuniary interests from Members in respect of any item to be considered at the meeting.
Notes: · In line with the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012, declarations may relate to the interest of the member, or the member’s spouse or civil partner, or a person with whom the member is living as husband or wife, or a person with whom the member is living as if they were civil partners and the member is aware they have the interest. · Members need only disclose interests not currently listed on the Register of Disclosable Pecuniary Interests. · Members must notify the Monitoring Officer of any interests disclosed at the meeting so they may be added to the Register. · Members are reminded that they must not participate in any item where they have a disclosable pecuniary interest. Additional documents: Minutes: There were no declarations of pecuniary interest. Richard Wilson informed the committee that he would be standing down from the committee and speaking as the local Member for the application on West Byfleet Infant and Junior Schools (item 7). |
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This application is for the erection of new boiler flue in connection with installation of new biomass boiler permitted under reference GU14/P/00439 without complying with Condition 3 (hours of operation of the boiler) and Condition 4 (Noise levels of proposed boiler).
The recommendation is to PERMIT subject to conditions.
Additional documents: Minutes: It was agreed to bring this item forward on the agenda as there were a number of public speakers for the application.
An update sheet was tabled and is attached as Annex 1 to the Minutes.
Declarations of interest: None.
Officers: Alan Stones, Planning Development Control Team Manager Nancy El-Shatoury, Principal Lawyer Caroline Smith, Transport Development Planning Team Manager
Phil Evans, Senior Director at RPS (County Noise Consultant)
Speakers:
Chris Freeman, a local resident, made representations in objection to the application. The following points were made:
· Lived at Aspen Close for 12-13 years and enjoyed the peace and quiet of the neighbourhood. · Objections to the constant 30dB of noise which will emanate from this installation as it will be intrusive, particularly at weekends and at night. · He works with extraction systems and believes the noise from this has not been taken into account. · The height differential between Aspen Close and the depot meant that the flue would be at the same height as his bedroom windows. · The prevailing winds would lead fumes to blow through the open bedroom windows. · Many documents had failed to mention his property which was the closest to the site. · Delivery of wood pellets should be restricted to working hours. · The photos in the update sheet were misleading as they were taken from the lowest point.
Marion Kinge spoke on behalf of John Bralsford, a local resident. The following points were made:
· Mr Bralsford and his wife had lived in Aspen Close for 25 years. · They were very concerned about the proposed removal of condition 3 due to the likely increase in noise and disturbance from the boiler and deliveries. · The plans do not take account of recent extensions to their house.
Arthur Kinge, a local resident, made representations in objection to the application. The following points were made:
· Lived at Aspen Close for over 37 years. This was in close proximity to the boiler. · He had been horrified by the size of the flue and now at the proposal to remove and amend conditions. These conditions had bene imposed to protect local residents. · The 24/7 droning noise of the boiler would be intolerable, as would be the deliveries by the tipper. · Reports by experts were complicated and misleading. · As his property would be higher than the flue, it will be covered in smoke. · There was a high risk of explosion when the materials were delivered. · He would like to live in his property without the threat of noise, fumes, and possible explosions.
Paul Hasley, Energy Manager for Property Services, spoke on behalf of the applicant. He raised the following points:
· Planning permission had already been granted for the biomass boiler and this application was simply to relax conditions. · The application does not mean that the boiler will be used 24/7 all year round but only when it is needed to provide heat. This would be particularly at colder times of the year. Residents would be unlikely to have their windows open. · The relaxation of condition ... view the full minutes text for item 119/14 |
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This application is for the importation, deposit and engineering of 127,520 tonnes (79,000m³) of Environment Agency approved inert waste materials on 4.52ha of land so as to: remodel the existing driving range outfield; create a 3,500m³ irrigation storage pond as part of a strategy to improve the quality of the facility and provide rainwater harvesting scheme; reshape the existing banking around the proposed irrigation pond; and form a new bunker and tee complex with associated ecological improvements over a period of 12 - 24 months and involving 18,217 HGV movements.
The recommendation is to GRANT subject to conditions.
Additional documents: Minutes: It was agreed to take this application next as there were a number of people who had come to observe the debate.
An update sheet was tabled and is attached as Annex 2 to the Minutes.
Declarations of interest: None.
Officers: Alan Stones, Planning Development Control Team Manager Nancy El-Shatoury, Principal Lawyer Caroline Smith, Transport Development Planning Team Manager
Tim Hall was the local Member but would speak as a member of the committee.
Key points raised during the discussion:
· The Planning Development Control Team Manager introduced the report. · Members raised concerns that this scheme could cause delays at other restoration sites due to inert waste materials being diverted away. At other meetings it had been suggested that more sites were required to put inert waste materials in. · Members asked if Highways could ask for money to repair the roads that would affected by this development. The Transport Development Planning Team Manager confirmed that condition 15 addresses this point. · A Member highlighted the drainage problems in the local area recently and supported this application.
Actions/Further information to be provided: None.
RESOLVED:
That planning permission Ref. MO/2014/0069 be GRANTED subject to conditions, for the reasons set out in the report.
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APPLICATION FOR VILLAGE GREEN STATUS: LAND AT MOLESEY HURST, MOLESEY
The committee is asked to consider whether or not to register the land the subject of this application as a Village Green.
Application for Village Green status by Jill Sanders dated 7 October 2011 relating to land at Molesey Hurst: Hurst Park, Hurst Meadows, Little Hurst Meadows, Graburn Way, East Molesey.
The County Council is the Commons Registration Authority under the Commons Registration Act 1965 and the Commons Act 2006 which administers the Registers of Common Land and Town or Village Greens. Under Section 15 of the 2006 Act the County Council is able to register new land as a Town or Village Green on application.
The recommendation is to REJECT the application.
Additional documents: Minutes: It was agreed to take the Village Green applications next as there were officers in attendance specifically for these items.
Declarations of interest: None.
Officers: Helen Gilbert, Commons Registration Officer Joanna Mortimer, Principal Lawyer
The Principal Lawyer outlined the legislative background for applications to register land as a Village Green, emphasising the need to prove every part of the statutory requirements. She explained the difference between ‘as of right’ and ‘by right’. The evidence in this case shows that inhabitants used the land in question ‘by right’ as the land had been lawfully allocated to the purpose of public recreation. The Commons Registration Officer went on to introduce the application to register land at Molesey Hurst, Molesey as a Village Green.
Speakers:
Ernest Mallett, the local Member, had registered to speak and would be standing down from the committee and declining to vote for the duration of the item. The following points were made:
· He had spoken with the applicant and their supporters. He understood the legal position but wanted to ensure that local views were also understood by the committee. · He provided a summarised history of the use of Hurst Park for public pastimes since the seventeenth century.
Key points raised during the discussion:
· The Principal Lawyer informed the committee that the lengthy history of pastimes was not relevant to the decision-making process. The committee could only take into account evidence that proves each part of the statutory conditions. Key to the debate is that the public had the right to use the land rather than using it ‘as of right’. · A Member queried the relevance of the Barkas case given that it was concerned with private land this application was concerned with public land. The Principal Lawyer informed the committee that the Barkas case follows on from other legal case which came to the same conclusion. There was no difference between cases concerned with private land or public land. Documentation has been reviewed and it has been established that Elmbridge Borough Council holds the land in question under the Open Spaces Act 1906. · Members commented that the report was sparse for such complex issues. It was suggested that it was worrying if local authorities could acquire land by statute and therefore extinguish any rights of local residents. It was queried whether by obtaining this land, Elmbridge Borough Council extinguished an existing right. The Principal Lawyer reiterated that section 15(2) of the Commons Act 2006 requires the committee to look only at the 20 years immediately preceding the application. Anything that happened before that time is irrelevant. The land had been held by Elmbridge Borough Council during those 20 years under the Open Spaces Act 1906. She also advised Members that the covering report was succinct because a full report based on the submissions had been attached. · The Commons Registration Officer informed the committee that the applicant had been told that a public inquiry could be held. No response had been received other than an acknowledgement and ... view the full minutes text for item 121/14 |
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The committee is asked to consider whether or not to register the land the subject of this application as a Village Green.
Application for Village Green status by Joanna Reilly dated 4 October 2012 relating to land at Ongarhill Brick Field, off Marley Close, Addlestone.
The County Council is the Commons Registration Authority under the Commons Registration Act 1965 and the Commons Act 2006 which administers the Registers of Common Land and Town or Village Greens. Under Section 15 of the 2006 Act the County Council is able to register new land as a Town or Village Green on application.
The recommendation is to REJECT the application.
Additional documents: Minutes: Declarations of interest: None.
Officers: Helen Gilbert, Commons Registration Officer Joanna Mortimer, Principal Lawyer
The local Member had not registered to speak.
Key points raised during the discussion:
· The Commons Registration Officer introduced the report. The map was missing from the papers and was tabled. This is attached as Annex 3. · A Member suggested that while it was clear that the land was owned by the public sector, it was not clear that it was designed for recreational use. Therefore, it appeared that there was nothing wrong with the application. The Principal Lawyer reminded the committee that a public inquiry had been undertaken and a barrister had been appointed who was an expert in his field. He had tested all the facts and opinions and had found that the public had used the land for recreation ‘by right’ and not ‘as if by right’.
Actions/Further information to be provided: None.
RESOLVED:
That the application for Village Green status by Joanna Reilly dated 4 October 2012 relating to land at Ongarhill Brick Field, off Marley Close, Addlestone, be REJECTED.
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The committee is asked to consider whether or not to register the land the subject of this application as a Village Green.
Application for Village Green status by Susan Lewis dated 19 November 2012 relating to land at Murray House Play Area, Palmer Crescent, Ottershaw.
The County Council is the Commons Registration Authority under the Commons Registration Act 1965 and the Commons Act 2006 which administers the Registers of Common Land and Town or Village Greens. Under Section 15 of the 2006 Act the County Council is able to register new land as a Town or Village Green on application.
The recommendation is to REJECT the application.
Additional documents: Minutes: Declarations of interest: None.
Officers: Helen Gilbert, Commons Registration Officer Joanna Mortimer, Principal Lawyer
The local Member had not registered to speak.
Key points raised during the discussion:
· The Commons Registration Officer introduced the report. · A Member commented that the Inspector’s reports included with the second and third Village Green applications on the agenda had provided a lot more information than the first Village Green application which had not had the benefit of a public inquiry. He suggested that the detail included be considered when future applications come to committee without a public inquiry taking place.
Actions/Further information to be provided: None.
RESOLVED:
That the application for Village Green status by Susan Lewis dated 19 November 2012 relating to land at Murray Hose Play Area, Palmer Crescent, Otthershaw, be REJECTED.
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COMMONS REGISTRATION: NEW PROCEDURE FOR APPLICATIONS TO AMEND THE COMMONS REGISTER
The County Council is the Commons Registration Authority under the Commons Registration Act 1965 and the Commons Act 2006 which administers the Registers of Common Land and Town or Village Greens. New regulations will shortly be commenced to allow for the amendment of the commons register where land has been wrongly registered as common land or a town/village green. The regulations enable the Registration Authority to introduce a reasonable fee for certain types of applications. Additional documents: Minutes: Declarations of interest: None.
Officers: Helen Gilbert, Commons Registration Officer
Key points raised during the discussion:
· The Commons Registration Officer introduced the report and explained how the proposed fee had been set.
Actions/Further information to be provided: None.
RESOLVED:
1. To APPROVE that the reasonable charge to be levied on an applicant for applications submitted under Paragraphs 6 to 9 of Schedule 2 of the Commons Act 2006 be set at £1000.
2. To APPROVE that for applications where the County Council is the determining authority, if no significant objection has been received and the authority has no legal interest in the land, after consultation with the Chairman of the Planning and Regulatory Committee, the decision to determine an application is delegated to the Head of Legal and Democratic Services.
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This application is for the construction of two single storey buildings and single storey extension comprising new hall, 3 new classrooms and ancillary accommodation; external landscaping works and play areas and laying out of 16 additional parking spaces.
The recommendation is to PERMIT this application subject to conditions.
Additional documents: Minutes: An update sheet was tabled and is attached as Annex 4 to the Minutes.
Declarations of interest: None.
Officers: Alan Stones, Planning Development Control Team Manager Nancy El-Shatoury, Principal Lawyer Caroline Smith, Transport Development Planning Team Manager Greg Devine, Principal Transport Development Planning Officer
Speakers:
Richard Wilson, the local Member, had registered to speak and would be standing down from the committee and declining to vote for the duration of the item. The following points were made:
· He had long involvement with West Byfleet Infant and Junior Schools as the local Member, a governor and a parent. He had been involved in the expansion plans. · The infant school was oversubscribed and had admitted a bulge class. · The proposals were sympathetic to the existing buildings. · With regards to traffic, many children walk, cycle and scooter. The school has a very local catchment area. Traffic calming measures were in place and more were proposed. · He recommended that the committee supports the application.
Key points raised during the discussion:
· The Planning Development Control Team Manager introduced the report. · A Member queried whether the removal of pinch points would encourage more traffic in the area. The Principal Transport Development Planning Officer informed the committee that the service had been asked to look at both the continuance and the removal of the existing pinch points due to the congestion caused. The assessment had determined that the removal of the pinch points would be better option but other traffic calming measures would be retained. He went on to highlight a typographical mistake in the update sheet. Condition 5 refers to ‘West Byfleet Infant and Junior Schools’ and not to ‘West Byfleet County First and Middle Schools’.
Actions/Further information to be provided: None.
RESOLVED:
That pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992, that application WO/2014/0573 be PERMITTED subject to conditions.
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This application is for the erection of single storey extension comprising two classrooms; installation of external staircase and external door replacing a window in existing building; installation of new and widened pathways; provision of fire appliance access and additional bicycle parking spaces.
The recommendation is to PERMIT subject to conditions.
Additional documents: Minutes: An update sheet was tabled and is attached as Annex 5 to the Minutes.
Declarations of interest: None.
Officers: Alan Stones, Planning Development Control Team Manager Nancy El-Shatoury, Principal Lawyer Caroline Smith, Transport Development Planning Team Manager
The local Member had not registered to speak but had sent a written submission which is attached as Annex 6.
Key points raised during the discussion:
· The Planning Development Control Team Manager introduced the report. · In response to a question, the Transport Development Planning Team Manager confirmed that the overflow visitors’ car park will have 12 spaces.
Actions/Further information to be provided: None.
RESOLVED:
That pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992, that application No. SU14/0852 be PERMITTED subject to conditions.
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DATE OF NEXT MEETING
The next meeting of the Planning & Regulatory Committee will be on 10 December 2014. Additional documents: |