Agenda and minutes

Planning and Regulatory Committee
Wednesday, 20 June 2018 10.30 am

Venue: Ashcombe Suite, County Hall, Kingston upon Thames, Surrey KT1 2DN

Contact: Huma Younis or Emma O'Donnell  Email: huma.younis@surreycc.gov.uk / Email: emma.odonnell@surreycc.gov.uk

Webcast: View the webcast

Items
No. Item

11/18

APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

12/18

MINUTES OF THE LAST MEETING pdf icon PDF 3 MB

13/18

PETITIONS

14/18

PUBLIC QUESTION TIME

15/18

MEMBERS' QUESTION TIME

16/18

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.

     

    Mr Richard Wilson arrived to the meeting at 10:35am

    Dr Andrew Povey arrived to the meeting at 10:37am.

17/18

SP18/00282/SCC Oakleaf Farm, Horton Road, Stanwell Moor, Surrey TW19 6AP pdf icon PDF 231 KB

    For the construction and use of a recycling, recovery and processing facility for construction and demolition waste on a site of approximately 9.4 hectares without compliance with Condition 3 of planning permission ref: SP17/00438/SCC dated 7 September 2017; to allow 55 heavy goods vehicles to be based at the site and to be located within the designated lorry parking area, and for 55 heavy goods vehicles (110 movements) to access and egress the site between the hours 18:00 to 07:00 Monday to Saturday, and 13:00 on a Saturday to 07:00 on a Monday.

     

    Additional documents:

    Minutes:

    An update sheet was tabled at the meeting.  This is attached to the minutes as annex 1.

     

    Officers:

    Caroline Smith, Planning Development Manager

    Jeffrey Ng, Planning Officer

    Stephen Jenkins, Deputy Planning Development Manager

    Nancy El-Shatoury, Principal Solicitor

     

    Speakers:

     

    No members of the public registered to speak on the item.

     

    Robert Evans, Local Member, made the following points:

     

    1.    Stanwell Moor is a small village next to Heathrow airport. Its close proximity to the airport means that roads are continually blocked with minicabs waiting to pick up passengers.

    2.    The village is already affected by aircraft noise, night flights and pollution due to its location.

    3.    Oakleaf Farm is designated Green Belt land. Since 2008, the area has been designated as suitable for waste management. 

    4.    In 2017, permission was granted at the site for cardboard and coffee cup recycling. This has led to an increase of litter in the area, particularly at the roadside and gutters as waste falls off the lorries as they go into the recycling centre.  Residents have complained and Spelthorne Borough Council have been requested on several occasions to conduct additional clearances as a result.

    5.    The application seeks to more than double the amount of night time HGV movements, which in turn will double the level of disturbance to residents.

    6.    Urge Members to consider the facts and reject the application.

     

     

    Key points raised during the discussion:

     

    1.    The Planning Officer introduced the report.  It was explained that this application is to seek an amendment to Condition 3 of the existing planning permission.

    2.    Members commented that the HGVs should be sheeted, as stated in the report, to prevent litter falling off the lorries.  A Member of the Committee stated that she had witnessed concrete and waste falling off a sheeted lorry in her local area.

    3.    Members voiced concerns about the noise impact of the operation at night and stated that the Committee should be able to review the Noise Management Plan before a decision is taken. 

    4.    The Planning Officer clarified that the applicant had already submitted a Noise Management Plan as part of the existing planning permission and that the County Noise Consultant requested this be reviewed within three months to take into account the increased number of night time HGV movements

    5.    A Member sought clarity on movement numbers.  The Planning Officer explained that the applicant had a Goods Vehicle Operators Licence for 55 HGVs.  The Planning Development Manager added that whilst there were currently restrictions regarding the number of vehicle movements overnight, there was no limit for total movements.

    6.    Members were concerned that the number of movements during the day may not decrease when the overnight movements increase and therefore an Air Quality Assessment should be submitted.

    7.    The Deputy Planning Development Manager explained that Condition 16 prevents HGVs travelling through Stanwell Moor Village outside of the daytime working hours set out in Condition 2.

    8.    The Deputy Planning Development Manager informed the Committee that the Noise Consultant was  ...  view the full minutes text for item 17/18

18/18

APPLICATION FOR VILLAGE GREEN STATUS UPDATE: LAND AT LEACH GROVE WOOD, LEATHERHEAD, SURREY pdf icon PDF 78 KB

    The Committee is asked to note the outcome of a judicial review of a decision of this committee, regarding an application by Philippa Cargill to register land at Leach Grove Wood, Leatherhead as a Village Green.

     

    Additional documents:

    Minutes:

    Officers:

    Helen Gilbert, Commons Registration Officer

    Judith Shephard, Lawyer

     

    Key points raised during the discussion:

     

    1.    Members were updated on the outcome of a Judicial Review of a decision taken by the Committee on 23 September 2015 to register land at Leach Grove Wood as a Village Green. 

    2.    Members were informed that the owners of the land at Leach Grove Wood, NHS Property Services, applied to Judicially Review the decision.  This was heard at the High Court in June 2016.

    3.    The Commons Registration Officer explained that the judge upheld the application by the NHS and overturned the decision due to the lack of consideration of the legal concept of statutory incompatibility.

    4.    Members noted the decision of the High Court was appealed to the Court of Appeal.  The Court of Appeal overturned the decision of the High Court judge on the grounds of statutory incompatibility, therefore the land is a Village Green, and the NHS has been ordered to pay the costs of Surrey County Council in defending itself at the High Court.

    5.    Officers have been informed the NHS is applying to the Supreme Court for permission to appeal further, and Members were informed that if the appeal is allowed, an outcome is not likely for around two years.

    6.    Members noted that the definition of neighbourhood was key.  The issue of statutory incompatibility may be a consideration where the landowner is a public authority of statutory undertake; and the breadth of this concept is one of the grounds of appeal to the Supreme Court.

    7.    The Lawyer explained that the Committee’s decision has been upheld and it is now for the Supreme Court to decide whether they agree with the Court of Appeal.  The Lawyer added that permission to appeal or not would depend on whether the Supreme Court considered the matter to be of public interest. 

     

     

    RESOLVED:

    The Committee noted the report and thanked officers for their work on this case.

     

19/18

DATE OF NEXT MEETING