56.
MINUTES
RESOLVED :
THAT the Minutes of the meeting of the Executive held on 25 August 2004 be confirmed.
57.
DECLARATIONS OF INTEREST
There were no interests declared at this stage.
58.
REPORT
OF THE PORTFOLIO HOLDER FOR SUSTAINABLE DEVELOPMENT, ENVIRONMENT AND PLANNING
POLICY
(a)
Prestwood
Grange Farm – To agree a Voluntary Discontinuance
(During the debate Mr G S Kendall
declared a personal interest as his wife was employed in the planning
department of the Council).
Prior to the discussion of this item Mrs J Wade, Chairman of SEAGAP,
read out a statement.
Consideration was given to the provision of permanent alternative solution
to an unresolved recommendation of the Local Government Ombudsman, by way of
voluntary discontinuance of the dairy operation at Prestwood Grange Farm. The history and key issues surrounding the site were detailed in
the report along with the Ombudsman’s recommendation which provided for two levels of
compensation to local residents. However
these compensation payments did not represent a permanent solution to the level
of disamenity that the local residents had suffered and would continue to
suffer. While accepting the Ombudsman’s
findings the Council decided to pursue all available options to obtain a
permanent arrangement that would end the disamenity forever.
The situation had been closely monitored and discussions to bring
the dairy operation to an end had been ongoing for a considerable time. As a result terms for a settlement agreement
were now being put forward. This would have two distinctly separate parts namely a planning
agreement and a compensation agreement.
The dairy operation on the farm would stop on or before 30 April 2005 by
the existing use no longer being a legal entitlement. The entry into a planning agreement would be dependent on the
outcome of any future planning application.
In return the landowner would receive compensation as was detailed in confidential
appendix. In the future the farm would be used for arable/stock/summer grazing
between March and November. One farm building would be demolished the remaining
farm buildings would be restricted in terms of use to storage of hay straw or
farm machinery with no animals except up to three horses in the building
specified. Additionally, the slurry pit
and dirty water would be cleared.
Members also considered the question regarding the
payment of compensation to non SEAGAP members having property in the area of
disamenity at the time of the Ombudsman’s decision. Members were advised that each application would be judged by the
Council on a case by case basis according to the applicant’s ability to
demonstrate that they had a legitimate expectation.
During the debate the an amendment was moved and
seconded that the £35,000 detailed in the report be increased to £42,000 in
order to include a contribution to the costs incurred by SEAGAP members in
taking advice in relation to achieving this settlement and to make sure those
individuals were not out of pocket.
Each of the possible options open to the Council was
set out in the report together with their financial implications, benefit or to
Council, householders and the farmer.
RESOLVED :
THAT the Strategic Director of Environment Services, in
consultation with the Portfolio Holders for Sustainable Development, Planning
Policy and the Environment and for Resources, enter into an agreement with the
landowner:
·
enforceable
by restrictive covenants which run with the land
·
for
the permanent cessation of the dairy farming operation by 30 April 2005
·
for
the removal of associated buildings
·
for
the cessation of prescribed agricultural activity in certain areas
·
for
the payment of consideration and costs
·
conditional
on the removal of planning restrictions
and make such other payments, within a budget of £42,000
and no later than 31 December 2004, as was necessary to deliver to the interim
recommendation of the ombudsman.
(b)
ADOPTION OF SUPPLEMENTARY
PLANNNG GUIDANCE: WIND TURBINES AND WIND FARMS
(During the debate Mr G S Kendall
declared a personal interest in this item and the following item as his wife
was employed in the planning department of the Council).
The Portfolio
Holder introduced the report to adopt Supplementary Planning Guidance on Wind Turbines
and Wind Farms. In order to complement
the implementation of the Unitary Development Plan the Council had been
progressing a range of Supplementary Planning Guidance Notes which was
recognised through national planning guidance as the most effective way of
amplifying more general policies set out in the UDP, so that they could be more
easily understood and applied through the Development Control process. The Portfolio Holder outlined the consultation
that had taken place following which she confirmed that grid connections from
any turbines would be expected to have a minimal impact on the landscape and
preferably would be laid with under ground cabling.
RESOLVED
:
THAT the draft Supplementary Planning Guidance be
adopted, subject to implementing any further directives from the Office of the
Deputy Prime Minister, in consultation with the Portfolio Holder for
Sustainable Development, Environment and Planning Policy
(c)
SOUTH EAST PLAN
The Executive
were advised that this item would be taken under Rule 15 due to an opportunity to influence the draft Plan which only
became apparent after the publication of the last Forward Plan, and the
opportunity would have passed by the time the next Forward Plan took effect. The
objective of the SE Plan was to provide a vision for the whole region up to
2026 and it would address important issues such as housing, transport, economy
and the Environment. SEERA had
determined to progress a sub-regional strategy for urban South Hampshire only. Funding
from SEERA for the production of this document had been made available although
details of its distribution had not been received in writing. Despite this SEERA
had recognised that the Island needed distinct treatment below the regional
level to reflect its unique Island character and serious economic and social
problems and therefore had designated it as a special policy area. The Portfolio Holder outlined the
tight timescales involved.
(i)
THAT
the Executive note the timetable for the production of the SE Plan and the need
to include special policies relating to the Island be agreed
(ii)
THAT
the Strategic Director for Environment Services be delegated to negotiate the
special policies for inclusion in the Draft South East Plan in consultation
with the Leader, Portfolio Holder for Sustainable Development the Environment
and Planning Policy, and the Portfolio Holder for Economic Development, EU and
Regional Issues.
CHAIRMAN