Meeting documents

 

Minute 18

 

Planning application: 6/2019/0056

 

Temporary relocatable housing scheme comprising 6 no. detached 1 bed units and a terrace of 11 no.1 bed units and no.2 bed unit for  overnight carers with associated landscaping and car parking.

 

Update:

 

On Wednesday 20 March 2019, the clerk from Wareham Town Council sent any email detailing a representation that was made in relation to the application that was not stated in the report. The clerk stated at a meeting of Wareham Town Council Planning and Transport Committee met on the 18 February 2019, the following response to the application was agreed:

 

"It was resolved there was concern that this proposal could potentially negatively impact on Neighbourhood Plan policy GS2 (former middle school site) and Key Project 2 for the Health Hub and associated uses. Committee requested further information on full site proposals (including Health Hub location) together with complete implementation timelines to put this application into context with the overall scheme before determining this application".

 

On Wednesday 20 March 2019, the local member "Cllr Beryl Ezzard" sent an email to committee clerk confirming that they do not object to the proposed development:

 

"…as long as it is only "Temporary" and will be moved elsewhere when the Health Hub is finally built..."

 

Officer comment:

 

The representation referred to by Wareham Town Council was not received by Dorset County Council and in reviewing the email sent from the Clerk, it appears that the case officer referenced is from Purbeck District Council. It is therefore concluded that Wareham Town Council mistakenly sent their representation to Purbeck District Council.

 

Nevertheless, the planning assessment contained in the Case Officer’s report addresses similar concerns about the potential for the temporary housing to delay the permanent development of the health hub.  The supporting text to Draft Policy I6: Wareham integrated health and social care hub of the emerging Purbeck Local Plan makes states that much of the requirements for adult social care housing would be delivered as part the hub. The use of the site by Dorset County Council for temporary modular housing, which can be moved when the hub is advanced further, is clearly referenced as an appropriate interim use. Purbeck District Council have not objected to the proposal and their senior housing officer has expressed support for the provision of modular housing as a way of meeting the demand for short-medium term accommodation for vulnerable adults.  A planning condition is recommended limiting the development to three years, by when the units will have been relocated from site for the provision of permanent housing phase of the hub.

Minute 19

 

Planning application 6/2018/0567

 

Installation of a new Power Generation Plant, incorporating 2 no. 12MW gas engines within an engine hall; selective catalytic reduction units; waste heat recovery units incorporated within 2 no.15.2 M exhaust stacks and associated works at Wytch Farm Gathering Station. Decommissioning of 2 no. existing gas turbines and waste heat recovery unit.

 

Update:

 

Amended  Condition – no. 18

 

Officer Comment

Condition no.18 requires the submission of a emissions monitoring procedures scheme which includes adherence to a specific emission rates. The emission rates as set out for both NOx and ammonia represent maximum deposition rates. As currently drafted the applicant would be in breach of the condition even if emission rates were below those currently stated. It is proposed to amend the wording of the condition to ensure that emission rates can be below the maximum specified.

 

Existing – Condition no.18:

Prior to the commencement of development a scheme shall be submitted for the written approval of the Mineral Planning Authority detailing procedures for the monitoring of the following mitigation measures detailed under table 3.2 of the Environmental Statement:

(a)            Limiting NOx emission rate to 65mg/Nm? at 5% O?

(b)            Limiting the annual average ammonia emission rate to 0.38 mg/Nm?

The monitoring scheme shall include details of the timings, methods of reporting for monitoring and procedures in the event of an exceedance. Monitoring of the above mitigation measures shall be undertaken in accordance with the approved scheme.

Proposed Amendment – Condition no.18

Prior to the commencement of development a scheme shall be submitted for the written approval of the Mineral Planning Authority detailing procedures for the monitoring of the following mitigation measures detailed under table 3.2 of the Environmental Statement:

(a)            Limiting NOx emission rate to 65mg/Nm? at 5% O? or below

(b)            Limiting the annual average ammonia emission rate to 0.38 mg/Nm? or below

The monitoring scheme shall include details of the timings, methods of reporting for monitoring and procedures in the event of an exceedance. Monitoring of the above mitigation measures shall be undertaken in accordance with the approved scheme.

 

Minute 20

 

P189 - Application to divert part of Footpath 9, at Dudsbury Fort, West

Parley

 

Update:

The applicant, Bournemouth Guide Camp Association, has submitted a graph showing population increase in West Parley and a photograph of an information board at Dudsbury Guide Gamp (see attached).

Minute 22

 

P195 - Application for a public path order to extinguish part of Footpath 34, Powerstock

 

Update:

The applicant, Powerstock Primary School, has submitted a letter (see attached) in response to the objection.

 

Minute 23

 

Application for a definitive map and statement modification order to upgrade Bridleway 8 (part), Cheselbourne and Bridleway 18, Dewlish to Byway Open to all Traffic.

 

Update:

Comments on the report have been received from Mr. D. Oickle of the Trail Riders Fellowship. Mr. Oickle has requested that additional emphasis is given to an Indenture of 1832. The report refers to this document, which has relevance to a way that is referred to in the Piddlehinton Inclosure Award of 1835. Mr. Oickle has also asked that members attention is drawn to the Dorchester Highways Board Minutes of 1880, in which reference is made to a way which may refer to the claimed byway. This is also considered in the report. Mr. Oickle has also pointed out that in his user evidence form the width stated is 30 feet, not 30 metres.

 

Comments on the report have also been received from Mr. G. Plumbe of the Green Lanes Association. Members will have received copies of two letters dated 18 March 2019 from Mr. Plumbe. The issues relating to compliance and the submission of extracts of documents and user evidence in support of the application have been discussed in the report.

 

Mr. Plumbe refers to the question of whether the evidence of use supports byway open to all traffic status by definition. A byway open to all traffic is a highway over which the public has a right for vehicular and other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used. There is evidence that the way is used by the public for the purposes of a footpath and bridleway and it is considered by officers that the claimed route fits the statutory definition of a byway open to all traffic.

 

Mr Plumbe asserts that any vehicular use was unlawful because it was a nuisance to other users.  The issue of nuisance is an objective question of fact and degree which is covered in the report.

 

 

Minute 24

 

Application for a definitive map and statement modification order to upgrade Bridleway 14, Beaminster, to a Byway open to all Traffic.

 

Update:

Comments on the report have been received from Mr. G. Plumbe of the Green Lanes Association. Members will have received copies of two letters dated 18 March 2019 from Mr. Plumbe. The issues relating to compliance and the submission of documents in support of the application have been discussed in the report.

 

Mr. Plumbe refers to the question of whether the evidence of use supports byway open to all traffic status by definition. A byway open to all traffic is a highway over which the public have a right for vehicular and other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used.’ There is evidence that the way is used by the public for the purposes of a footpath and bridleway and it is considered by officers that the claimed route fits the statutory definition of a byway open to all traffic.

 

Mr Plumbe asserts that any vehicular use was unlawful because it was a nuisance to other users.  The issue of nuisance is an objective question of fact and degree which is covered in the report.

 

Comments have also been received from Mr. J. Cheal of Mogers Drewitt, Solicitors.

Mr. Cheal supports the recommendation and the issues in Mr. Cheal’s representations have been addressed in the report.

 

 

Minute 25

 

Application for a definitive map and statement modification order to upgrade Bridleways 17 (Part), 35 and Crabb’s Barn Lane, Beaminster, to a Byway Open to all Traffic.

 

Update:

Comments on the report have been received from Mr. G. Plumbe of the Green Lanes Association and from Mr. J. Cheal of Mogers Drewitt, Solicitors. Members will have received copies of two letters dated 18 March 2019 from Mr. Plumbe and the e mail from Mr. Cheal sent on 19 March. The issues raised relating to compliance and the submission of documents and user evidence in support of the application have been discussed in the report. Additional matters to be considered are set out below.

 

Mr. Plumbe refers to the question of whether the evidence of use supports byway open to all traffic status by definition. A byway open to all traffic is a highway over which the public has a right for vehicular and other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used. There is evidence that the way is used by the public for the purposes of a footpath and bridleway and it is considered by officers that the claimed route fits the statutory definition of a byway open to all traffic.

 

Mr. Plumbe makes reference to the map accompanying the application and maintains that it only shows a short section of the claimed route. The map submitted with the application was marked in a way that referred to the whole length of the claimed byway, and members will be shown this map at the Committee meeting.

 

Mr Plumbe and Mr Cheal assert that any vehicular use was unlawful because it was trespass or a nuisance to other users.  Trespass is not a consideration and the issue of nuisance is an objective question of fact and degree which is covered in the report.

 

Mr Cheal also states that dedication at common law requires evidence of actual dedication by the owner.  That is incorrect; an intention to dedicate can be inferred through public use.

 

Agenda Item 8: Information submitted by Bournemouth Guide Camp Association

 

Total Population of West Parley Civil Parish, Dorset as reported by the Census of Population from 1801 to 2011

Agenda Item 10: Letter from Powerstock Primary School

 

 

Powerstock CE VA Primary School

Powerstock, Bridport, Dorset, DT6 3TB

Tel: 01308 485380

 

Head Teacher:

Mrs L Greenham

BA (Hons) PGCE NPQH

 

Dear David

 

Please see my statement to the committee below. This is in response the

objection raised against the removal of Footpath 34 in Powerstock. I will not be

able to attend the hearing on the 21st unfortunately:

 

Children and parents will still be able to access the school from all existing

gates as before. The application is for the footpath to be closed to the

general public for safeguarding reasons. If there is a Hut event, access via

both front gates will continue. The school grounds will not be open to the

public at any other time. Any Hut events during the school day and In term

time will be pre-arranged with the school as before, so that arrangements

can be made eg. Cars arriving and related safety plans.

 

Many thanks

 

Yours sincerely

 

Louise Greenham

Head Teacher