Agenda item

To consider a report of the Director of Economy, Transport and Environment regarding a planning application for Variation of Conditions 19 and 20 of planning permission 16/10450 to allow screening operations to take place at Forest Lodge Home Farm, Fawley Road, Hythe.

Councillor McEvoy was a deputation for this item and did not sit as a voting Member on the Committee

The Committee considered a report from the Head of Strategic Planning (item 6 in the minute book) regarding an application to vary conditions at Forest Lodge Farm in Hythe.

The Chairman introduced the item and confirmed that a site visit had taken place and that some members had attended previous visits to the site. The application was summarised, and it was confirmed that amendments to Conditions had been sought so a material screener could be used on site. Location and phasing plans of the proposed restoration were shown, along with photos of the site and temporary screeners in operation.

The Committee received two deputations on this item. Councillor Peter Armstrong from New Forest District Council and County Councillor Alexis McEvoy both spoke against the application. Cllr Armstrong told committee the great extent of local opposition to the application and several comments from local residents were read out to Committee. There were particular concerns regarding health and wellbeing in relation to noise and dust and it was felt that the owners were unneighbourly and inconsiderate of residents. Councillor McEvoy echoed some of the sentiments of Councillor Armstrong and shared concerns over whether the damping process to minimise dust had been tested. Councillor McEvoy chaired the liaison group and felt that it helped address some issues, but agreed that communication from the applicant could be better. Whilst the site appeared to be remote and in countryside, Councillor McEvoy reminded Committee that it was in fact near a densely populated residential area.

During questions of the deputations, the following points were clarified:

• The Environmental Health Officer at New Forest District Council had not objected as had no direct involvement with the application.
• Objections had been made regarding noise at the liaison meetings, but none had been investigated further.
• There had been no evidence of direct damage to the health of residents, but some residents did have conditions that could be exacerbated by noise and/or dust.
• Damping down was an enforcement issue, and one that could be investigated as the summer approached.

During questions of the officers, the following points were clarified:

• Screening was currently done off site, and the movements incorporated as part of the allowance within the conditions.
• It was not known what type of screener would be installed should the application be approved.
• There had been no approval or permission given for the screener currently on site.
• There would be a lower volume of material going to and from the site should a screener be permitted.
• Noise assessments had found that the noise levels would not breach the exiting permitted limits
• Hampshire County Council were currently behind the target established in the Minerals & Waste plan for soft sand
• Whilst some complaints had been received, these had all been since the application had been made, rather than being historical  enforcement issues.

During debate, Members commented that at the Site Visit, the noise of the main road drowned out those of any operations on site. Whilst it was acknowledged that there were concerns regarding dust, some Members of the Committee were not convinced that having a screener on site would add to the dust levels.

In response to debate The Head of Strategic Planning suggested that the recommendation to committee could be updated to include  additional Conditions that would be added to the recommended decision of the Committee were the Committee minded to grant, specifically;

1)    That a written noise management plan is submitted and put in place.

2)    That permitted development rights are excluded under Condition 19.

During debate it was discussed by members that a further Condition be added to the recommended decision;

1)    That the size and type of screener to be used on site be specified and approved by Environmental Health before any screening operations could take place on the site.

This proposal was tabled as an amendment to the recommendation by Councillor Philpott and seconded by Councillor Grajewski and therefore went to the vote:

Favour: 8

Against: 4

Abstentions: 1

The amendment was therefore incorporated into the recommendation for the committee’s vote

RESOLVED:

A)        The Head of Law and Governance was authorised to draw up Deed of Variation to the Section 106 Agreement (ref: 107848, signed 14 March 2017) to secure the dedication of a public right of way from west to east across the site connecting with Footpath no. 3a (Solent Way) following completion of restoration of the site.

B)        Authority was delegated to the Director of Economy, Transport and Environment to GRANT permission subject to the conditions listed in Integral Appendix B, the additional conditions recommended by Officers in respect of noise management and exclusion of permitted development and the amendment passed by members for approval of the specifics of the screener to be used on site before screening operations could begin provided that by no later than 20 June 2019 all parties enter into the Deed of Variation to the Section 106 Agreement (ref: 107848, signed 14 March 2017) with the County Council.

C)       In event that the Section 106 Agreement is not completed by 20 June 2019, the Director of Economy, Transport and Environment was authorised to refuse planning permission for that reason.

Voting:
Favour: 9

Against: 3

Abstention: 1