Agenda and minutes

To receive any apologies for absence received.

Apologies were received from Councillors Keith House, Adam Jackman, Roger Price and Kim Taylor. Councillor’s Wayne Irish and Sarah Pankhurst as deputies for the meeting.

All Members who believe they have a Disclosable Pecuniary Interest in any matter to be considered at the meeting must declare that interest and, having regard to Part 3 Paragraph 1.5 of the County Council's Members’ Code of Conduct, leave the meeting while the matter is discussed, save for exercising any right to speak in accordance with Paragraph 1.6 of the Code.  Furthermore all Members with a Personal Interest in a matter being considered at the meeting should consider, having regard to Part 5, Paragraph 4 of the Code, whether such interest should be declared, and having regard to Part 5, Paragraph 5 of the Code, consider whether it is appropriate to leave the meeting while the matter is discussed, save for exercising any right to speak in accordance with the Code.

Members were mindful that where they believed they had a Disclosable Pecuniary Interest in any matter considered at the meeting they must declare that interest at the time of the relevant debate and, having regard to the circumstances described in Part 3, Paragraph 1.5 of the County Council's Members' Code of Conduct, leave the meeting while the matter was discussed, save for exercising any right to speak in accordance with Paragraph 1.6 of the Code. Furthermore Members were mindful that where they believed they had a Non-Pecuniary interest in a matter being considered at the meeting they considered whether such interest should be declared, and having regard to Part 5, Paragraph 5 of the Code, considered whether it was appropriate to leave the meeting whilst the matter was discussed, save for exercising any right to speak in accordance with the Code.

To confirm the minutes of the previous meeting

The minutes of the last meeting were reviewed and agreed.

To receive any deputations notified under Standing Order 12.

One deputation and one local Member had registered to speak on agenda item 6 and had 10 minutes each to address the Committee.

To receive any announcements the Chairman may wish to make.

The Chairman confirmed that virtual training was taking place on Monday 1 August for all Members of the Committee.

To consider a report from the Assistant Director of Waste, Planning and Environment regarding a variation of condition 23 of planning permission 20/10282 to allow additional heavy goods vehicle (HGV) movements to and from site to improve operational efficiency at Forest Lodge Home Farm, Fawley Road, Hythe.

Councillor Alexis McEvoy declared an interest as the Chairman of the Liaison Panel for this site.

Variation of condition 23 (vehicle movements) of Planning Permission 20/10282 at Forest Lodge Home Farm, Fawley Road, Hythe SO45 3NJ (No. 22/10075) Site Ref: NF271

The Committee received a report from the Assistant Director of Waste, Planning and Environment (item 6 in the minute book) regarding an application to vary condition 23 at Forest Lodge Home Farm in Fawley that would allow the applicant more flexibility to complete the work on site.

The officer introduced the application, showing the Committee an aerial photograph of the site along with elevation photos. It was confirmed that following a site visit that had taken place, a wheel washing facility had been installed. It was felt that the application would not cause any adverse impact on the local area.

An update report had been circulated and published, which included the following:

Paragraph 115 (updates highlighted in italic):

Changes to onsite wheel wash facilities are being implemented. More information on this is set out in Complaints about site operations. Following the Member site visit in June 2022, the applicant has now installed and is now using a replacement ‘wheel cleaner/wash facility’ within the application site. This facility, a water-based one, replaced the former dry system known as a ‘rumble strip’, and is to be employed for the remainder of the consented period, until July 2027.  All HGVs exiting the site are required to use this facility to ensure accordance with Condition 27 of planning permission 20/10282, which would be retained should planning permission be approved for the application being considered by the Regulatory Committee today.

Replace paragraph 158 with the following:

Beyond any condition/s being applied for a formal variation by an applicant, all Local Planning Authorities should review and update, where needed, all other conditions on that permission being varied, provided that there are material planning grounds for doing so.

These grounds can include legislative changes passed since the extant planning permission was granted, new development nearby since the extant planning permission was granted affecting the site’s operations / being affected by the site’s operations or can simply be to update conditions to accord with schemes approved through the discharge of planning conditions. For example, where the extant permission has had a conditionally required scheme approved / discharged since permission was granted or where an approved scheme needs updating, this is usually undertaken under the guidance of the relevant consultee, and with the agreement of the applicant. The affected conditions on planning permission 20/10282 here are 16 and 31.

Condition 16 (changes in bold)

The following Cell Engineering equipment is only to be permitted on site following the approval of the Revised Noise Assessment and Noise Management Plan detailed in Condition 31 of this permission and any subsequent updates:

Condition 31 (changes in bold)

Not later than two months following the grant of planning permission, the partially approved (on 20 April 2021) Noise Assessment  ...  view the full minutes text for item 68.

To consider a report from the Chief Executive, which asks the Regulatory Committee to recommend adoption of the updated Planning Code of Conduct to Full Council, together with the onward governance requirements necessary to give effect to the Code.

The Committee received a report from the Chief Executive (item 7 in the minute book) regarding the updated Planning Code of Conduct (PCoC) to be recommended for approval at Full Council.

The item had previously been to Committee and subsequent proposed changes had been made, but the PCoC had last been formally updated in 2014.

Members noted that in Section 14 on Site Visits, ‘impairment’ was a more appropriate term to be used as opposed to a disability. There were also continued concerns regarding Members getting to site visits if they did not drive and the expectation to attend.

It was agreed that the wording and terminology in Section 14 could be revised.

RESOLVED

That Members provide specific feedback and proposed changes to Legal by Wednesday 31 August so that these could be reviewed before the Planning Code of Conduct coming to a future Regulatory meeting for agreement ahead of going to Full Council

Voting
Favour: 14 (unanimous)

To consider a report of the Director of Economy, Transport and Environment regarding the Monitoring and Enforcement work undertaken by Strategic Planning during the period April 2022 – July 2022.

The Committee received a report from the Director of Economy, Transport and Environment (item 8 in the minute book), which updated the Regulatory Committee on the Monitoring and Enforcement work undertaken by Strategic Planning during the period April 2022 – July 2022.

It was noted that the liaison panel for the previous Calf Lane application had been successful and Cllr Jonathan Glen was thanked for his work in Chairing the meetings.