Meeting

The Monitoring Officer set out the background and reasons for the adjournment.

She confirmed that the Council’s Standing Orders were silent on this matter. There was no reference either way to a vote either being final or being able to be re-opened (on the basis of a misunderstanding or for any other reason).  The Council’s standing orders were in line with other Council’s and this was not a matter that she would expect to be specifically referenced.

Therefore, she considered the matter on the wider legal principles of decision making.

She advised that as a matter of principle, a Council would not usually reconsider a matter once it has been determined by a vote. Indeed, Council Standing Orders had a rule in respect of motions confirming that decisions of the Council made within the last six months could not be changed, unless this provision was formally suspended.

It was possible for a Planning Committee to revisit an application up until a decision was issued, however this happened in instances where, for example, government policy or guidance brought about changes to material considerations (for example affordable housing and nitrates are two that spring to mind).  This was to ensure that the decision made was sound because members had regard to all the proper material considerations when arriving at their decision. In this instance there had been no change to a material consideration which would call for reconsideration of the matter.

In this instance it was necessary to seek assurance that members made a reasonable and informed decision.

The Monitoring Officer had considered this matter, the content of the officers’ report, the site visit, the member briefing on 28th October and the Committee itself, and concluded that members had been adequately advised.

During the adjournment officers had discussed this matter with members of the Planning Committee. Members had confirmed that they understood the vote taken and the information provided to support that decision.

Therefore, the Monitoring Officer have formed an opinion on whether constitutionally, there were grounds for a revote. She had concluded not for the following reasons:

1.     The Members had been adequately advised on what was been voted on

2.     There had been no change to a material consideration which would call for reconsideration of the matter.

Therefore, the vote taken at the Planning Committee on 31 October 2024 on the first substantial item on the agenda, agenda item 5(a) APP/24/00312 - Havant Thicket, adjacent to Sir George Staunton Country Park, Middle Park Way, Havant stood.

Present:

Councillor Brown (Chairman)

Councillors Horton, Hulls, Keast (Vice-Chairman), Lind, Lloyd, Rason and Shimbart.

Apologies for absence: Councillor Diamond

Other Councillors:

Councillors Philippa Gray and Tansom

(The meeting commenced at 17:30 on 31 October 2024 and concluded at 18:01 on 14 November 2024)

In view of the Monitoring Officer’s advice, the Committee resumed its deliberations for APP/24/00311.

In response to questions from members of the Committee, officers stated that:

1.     An additional condition requiring further information about the valve tower, pursuant to its access, could be attached to the application, and those details could be submitted prior to construction of tower.

2.     They would request the applicant to submit further details on measures to reduce people from accessing the valve tower, along with risk assessments of those measures.

3.     The Committee would not be able to attach an additional condition on the landscaping of main embankment of control tower on this application.

4.     Condition 28 of the report could be discharged if Members were concerned about the mitigation and the screening of the application.

5.     Condition 28 had already addressed the ecological impacts raised by Members.

6.     The normal procedure of discharging conditions would be dealt through delegated powers to the officers.

7.     Members would have the opportunity to engage in the details of the conditions before they were to be discharged.

The Committee discussed the application in detail and considered the change in the location of the valve tower, the number of housings around the Reservoir site, and the risk of drowning by accessing the valve tower.

RESOLVED that the Head of Planning be authorised to granted reserved matters approval to APP/24/00311, subject to the conditions set out below, and an extra condition requiring additional safety, including an additional risk assessment and mitigation measures, for access to the tower; the wording of this condition to be delegated to the Executive Head of Place after consultation with the Chairman.

(A) Permission having been first granted for Planning Application APP/24/00312 - Application under Section 73 of the Town and Country Planning Act 1990 in respect of Conditions 2 and 3 of the Hybrid permission planning reference APP/20/00990 dated 15th October 2021 for proposed changes to the size and alignment of the main reservoir embankment (under consideration elsewhere on this agenda); and

(B)  the following conditions: (subject to such changes and/or additions that the Head of Planning considers necessary to impose prior to the issuing of the decision):

Conditions:

1. Approved Drawings and Documents

Documents

·     Covering letter

·     Planning Statement

·     Environmental Statement of Conformity (Main Reservoir Embankment, Culvert and Valve Tower)

Drawings:

HTR-GHD-ZZ-ZZ-DR-T-0021 Rev P02 Planning Strategy Key Plan;

HTR-GHD-ZZ-ZZ-DR-T-0019 Rev P03 Main Embankment Reserved Matters Application Area;

HTR-COF-EM-RE-DR-GE-4002 Rev P01 Main Embankment Proposed Site Layout ;

HTR-COF-EM-RE-DR-GE-4003 Rev P01 Main Embankment Cross-Sections;

HTR-GHD-ZZ-ZZ-DR-T-0013 Rev P04 Proposed Culvert and Valve Tower Site Layout;

HTR-GHD-ZZ-ZZ-DR-T-0020 Rev P07 Outlet Works Valve Tower & Culvert General Arrangement Plans and Sections;

HTR-GHD-ZZ-ZZ-DR-T-0015 Rev P04 Valve Tower General Arrangement Plan and Sections;

HTR-GHD-ZZ-ZZ-DR-T-0011 Rev P04 Main Embankment Landscape Plan;

HTR-GHD-ZZ-ZZ-DR-T-0018 Rev P02 Main Embankment Landscape Cross-Sections LA1-LA3;

HTR-GHD-ZZ-ZZ-DR-T-0040 Rev P01 Valve Tower Elevation

The development hereby permitted shall be carried out in accordance with the following approved plans and particulars:

Reason - To ensure provision of a satisfactory development.

To receive and record any apologies for absence.

To approve the minutes of the Planning Committee held on 26 September 2024 and the minutes of the Site Viewing Working Party held on 24 October 2024.

To receive and record any declarations of interests from Members present.

To consider matters for deferment or site viewing.

Proposal: Application under Section 73 of the Town and Country Planning Act 1990 in respect of Conditions 2 and 3 of the Hybrid permission planning reference APP/20/00990 dated 15th October 2021 for proposed changes to the size and alignment of the main reservoir embankment.

Additional Documents

Proposal: Application for approval of all Reserved Matters (siting, scale, external appearance and landscaping) relating to Phase 3 (Main Embankment) of the Thicket Reservoir development pursuant to condition 2 of the Hybrid permission planning reference APP/20/00990 dated 15th October 2021.

Additional Documents