Agenda and minutes
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Contact: Angela Guest tel: 020 8541 9075 Email: angela.guest@surreycc.gov.uk
Media
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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 Richard Wilson. |
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MINUTES OF THE LAST MEETING
To confirm the minutes of the meeting held on (28 September 2016). Additional documents: Minutes: The Minutes were APPROVED as an accurate record of the previous meeting. |
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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
All Members present are required to declare, at this point in the meeting or as soon as possible thereafter (i) Any disclosable pecuniary interests and / or (ii) Other interests arising under the Code of Conduct in respect of any item(s) of business being considered at this meeting NOTES: · Members are reminded that they must not participate in any item where they have a disclosable pecuniary interest · As well as an interest of the Member, this includes any interest, of which the Member is aware, that relates to the Member’s spouse or civil partner (or any person with whom the Member is living as a spouse or civil partner) · Members with a significant personal interest may participate in the discussion and vote on that matter unless that interest could be reasonably regarded as prejudicial.
Additional documents: Minutes: There were none. |
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MINERALS/WASTE MO/2016/0981 - Land at Bury Hill Wood, off Coldharbour Lane, Holmwood, Surrey RH5 6HN
This application has been deferred to the December meeting to allow all parties to reach agreement.
Additional documents: Minutes: The Chairman informed the Committee that the Application had been deferred to a future meeting so the item would not be considered.
Resolved: To note that this Application had been deferred by the Applicant and would return at a later date.
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This application provides details of Dust Action Plan and dust monitoring programme submitted pursuant to Condition 24(a) of planning permission reference SP2012/01132 dated 23 October 2015 for approval.
Additional documents: Minutes: Officers: Alan Stones, Planning Development Control Team Manager Nancy El-Shatoury, Principal Solicitor Caroline Smith, Transport Control Team Manager Susan Waters, Principal Planning Officer
Speakers: Denise Turner-Stewart, the Local Member, made the following points:
Key points raised during the discussion:
The resolution of the Committee was unanimous.
Resolved:
Actions/ further information to be provided:
To provide monitoring reports every three months in replacement of the original six months outlined in the report and that this information be made available on the Council’s website
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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 Mick Flannigan (the Applicant) dated 31 September 2014 relating to land at The Green, Severn Drive and Rydens Road, Walton on Thames.
Additional documents: Minutes: Officers: Helen Gilbert, Commons Registration Officer Joanna Mortimer, Principal Registration Officer
Key points raised during the discussion:
1. The Commons Registration Officer introduced the item and provided further clarification on legal aspects of the application. Counsel’s Opinion was sought from Mr William Webster, a Barrister who was a recognised expert in this field of law. Mr Webster found that the use of the land was ‘by right’ ie with specific permission from the landowner, rather than ‘as of right’. He found that Elmbridge Borough Council was exercising its statutory powers. Following receipt of Counsel’s opinion, the applicant submitted that the landowner was the Walton Charity (the objector) rather than EBC and as the Walton Charity is not a statutory body, this principle did not apply. The Council’s Principal Property Solicitor, Joanna Mortimer, has advised that, under the Law of Property, a leasehold interest, which Elmbridge Borough Council had, is ownership. The status of the charity was therefore irrelevant as it was not the direct landowner. Elmbridge Borough Council held the land for the specific use as a recreation ground. Thus the use of the land is ‘by right’ and not ‘as of right’. 2. Members discussed the application and sought clarification over the wording ‘as of right’ and ‘by right’ used in the report. A Member of the Committee expressed that they believed this was a very straight forward application and that they are happy to trust the Officers opinion provided.
Resolved:
That Application for Village Green Status - Land at The Green, Severn Drive and Rydens Road, Walton on Thames be rejected.
Actions/Further information to be provided:
None. |
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DATE OF NEXT MEETING
The next meeting of the Planning & Regulatory Committee will be on 7 December 2016 Additional documents: Minutes: The date of the next meeting was noted. |