PAPER B1

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE -

TUESDAY 1 NOVEMBER 2005

REPORT OF THE HEAD OF PLANNING SERVICES

WARNING

1. THE RECOMMENDATIONS CONTAINED IN THIS REPORT OTHER THAN PART 1 SCHEDULE AND DECISIONS ARE DISCLOSED FOR INFORMATION PURPOSES ONLY.

2. THE RECOMMENDATIONS WILL BE CONSIDERED ON THE DATE INDICATED ABOVE IN THE FIRST INSTANCE. (In some circumstances, consideration of an item may be deferred to a later meeting).

3. THE RECOMMENDATIONS MAY OR MAY NOT BE ACCEPTED BY THE DEVELOPMENT CONTROL COMMITTEE AND MAY BE SUBJECT TO ALTERATION IN THE LIGHT OF FURTHER INFORMATION RECEIVED BY THE OFFICERS AND PRESENTED TO MEMBERS AT MEETINGS.

4. YOU ARE ADVISED TO CHECK WITH THE DIRECTORATE OF ENVIRONMENT SERVICES (TEL: 821000) AS TO WHETHER OR NOT A DECISION HAS BEEN TAKEN ON ANY ITEM BEFORE YOU TAKE ANY ACTION ON ANY OF THE RECOMMENDATIONS CONTAINED IN THIS REPORT.

5. THE COUNCIL CANNOT ACCEPT ANY RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ACTION TAKEN BY ANY PERSON ON ANY OF THE RECOMMENDATIONS.

Background Papers

The various documents, letters and other correspondence referred to in the Report in respect of each planning application or other item of business.

Members are advised that every application on this report has been considered against a background of the implications of the Crime and Disorder Act 1998 and, where necessary, consultations have taken place with the Crime and Disorder Facilitator and Architectural Liaison Officer. Any responses received prior to publication are featured in the report under the heading Representations.

Members are advised that every application on this report has been considered against a background of the implications of the Human Rights Act 1998 and, following advice from the Head of Legal and Democratic Services, in recognition of a duty to give reasons for a decision, each report will include a section explaining and giving a justification for the recommendation.

LIST OF PLANNING APPLICATIONS REPORT TO COMMITTEE – 1 NOVEMBER 2005

1.	P/01200/05 TCP/03403/E	Ryde	Conditional Permission
	14 Alexandra Road, Ryde, Isle Of Wight, PO33 1LT Demolition of dwelling; construction of 2/3 storey block of 8 flats with car parking at lower ground floor level; 3 pairs of semi-detached houses with integral garages; formation of vehicular access (revised scheme)
2.	P/01582/05 TCP/27230	Gurnard	Conditional Permission
	land north of Cliff Farm and south of, Hornhill Copse west of, Rew Street, Cowes Installation of twin water supply pipelines above mean low water; construction of an underground flow meter chamber and a control kiosk; reinstatement of an existing underground connection chamber; connections to existing water mains; temporary working areas
3.	P/02555/04 TCP/07661/S	Newport	Conditional Permission
	Agricultural Showground, Cowes Road, Newport Continued use of land for sporting leisure events; variation of condition no.2 on TCP/7661/R to permit the use of the land for caravan rallies, farmers & other markets/auctions
4.	P/01497/05 TCP/16676/K	Godshill	Conditional Permission
	land adjacent and rear of, Godshill Post Office, High Street, Godshill, Ventnor Demolition of garage block; erection of single storey building to form shop (revised scheme)
5.	P/01524/05 TCP/25930/B	Bembridge	Conditional Permission
	land at, Howgate Nursery, Howgate Road, Bembridge, PO35 5UT Dwelling house and garage/store (aorm)
6.	P/01610/05 TCP/27105/A	Freshwater	Conditional Permission
	land adjacent and including, Whitecliffe House, Victoria Road, Freshwater Conversion of 'Whitecliffe' into three flats; outline for block of three flats with parking and alterations to vehicular access (revised scheme)
7.	P/01751/05 TCP/06956/K	Freshwater	Conditional Permission
	land adjacent, Fenneys, Blackbridge Road, Freshwater Demolition of garage and lean-to; construction of detached dwelling and formation of vehicular access
8.	P/01822/05 TCP/10169/G	Newport	Conditional Permission
	land rear of, 33 and 35 Albany Road and fronting, Catherine Terrace, Newport Demolition of garage block; terrace of four houses
9.	P/01876/05 TCP/04000/F	Totland	Conditional Permission
	land rear of, 11C - 17 The Avenue, Totland Bay Residential development of eight dwellings with garages/parking; formation of vehicular access (revised scheme)

01

Reference Number: P/01200/05 - TCP/03403/E Parish/Name: Ryde - Ward/Name: Ryde St Johns West Registration Date: 22/06/2005 - Full Planning Permission Officer: Mr J Fletcher Tel: (01983) 823552 Applicant: Mr J Lander & Mrs M Mursell Demolition of dwelling; construction of 2/3 storey block of 8 flats with car parking at lower ground floor level; 3 pairs of semi-detached houses with integral garages; formation of vehicular access (revised scheme) 14 Alexandra Road, Ryde, Isle Of Wight, PO331LT

Application is recommended for Conditional Permission subject to Section 106 Agreement.

REASON FOR COMMITTEE CONSIDERATION

This is a major application part of which is within a Conservation Area and as such development raises a number of policy issues.

1. Details of Application

1.1 This is a full application for residential development of 14 units in the form of three storey block of eight 2 bedroomed flats and six 3/4 bedroomed three storey semi-detached houses.

1.2 The block of flats located in southern corner of the site in proximity of the junction with Alexandra Road with St John’s Hill. To the northwest of the flats is to be located a pair of semi-detached houses (Units 01 and 02).

1.3 Remaining two pairs of semi-detached houses (units 03, 04, to be located to the north east of the block of flats within the area of the site which has a frontage onto Westhill Road and Alexandra Road and is to the south east of 135 Westhill Road.

1.4 Flat block provides for eight car parking spaces (two groups of four) to be located within the lower ground floor. Remaining two floors provide a total of eight flats served by a lift and communal staircase with the roof space housing plant room and lift motor room. Proposal also provides for a small centrally located turret feature providing a viewing platform.

1.5 Flats to be finished in mainly brick with upper floor finished in render under a slated hipped roof.

1.6 The semi-detached dwellings provide an integral garage on the ground floor with study and utility room. First floor provides kitchen and dining room to the front with lounge to the rear with the second floor providing three bedroomed accommodation.

1.7 Semi-detached houses to be finished in facing brick on the ground floor, render at first floor with an element of boarding at second floor level under a plain tiled pyramidal roof. Second floor accommodation served by dormer windows.

1.8 The two pairs of semi-detached house in the north eastern area of the site and shown set 14 metres off the north western boundary to the adjoining detached house number 135 Westhill Road.

1.9 Vehicular access is off Westhill Road set at a point 7 metres south east of the northern corner of the site where it abuts 135 Westhill Road. Access in the form of a splayed access with a gated entrance set 4 metres off the back edge of footpath. The access road varies in width from 4 metres to 6 metres and serves all units including the block of flats. Turning facilities are provided sufficient to allow a refuse vehicle to turn.

1.10 Proposal indicates bicycle parking provision for the proposed flats.

1.11 Proposal provides for a total of 20 car parking spaces 8 being in the flats with the remainder being in the form of garage and parking space in front of the six semi-detached house.

1.12 Proposal indicates the retention of virtually all the perimeter trees on the Westhill frontage and the Alexandra Road frontage and St John’s Hill frontage. Tree retention includes those trees subject of Tree Preservation Orders.

1.13 The location of the houses within the woodland area indicates the removal of trees to accommodate those houses.

1.14 Scheme indicates proposed tree planting with particular reference to the boundary which abuts 135 Westhill Road. Similarly proposal indicates retention of existing hedges and bushes and further hedge planting to the site’s boundary where it abuts Westhill Road and in part Alexandra Road and along the side boundary and rear boundary to the property 135 Westhill Road.

1.15 Proposal also provides for gated pedestrian access to St John’s Hill.

1.16 Foul drainage to discharge to an existing foul sewer with the connection point being between St John’s Hill and Upper Highland Road.

1.17 Surface water to be dealt with via a sustainable urban drainage system based on direct infiltration to the underlying soil. External paved areas to have permeable surfacing to allow direct infiltration to the underlying soil. The application itself has been accompanied by a drainage report prepared by an appropriate competent charted civil and water engineer.

1.18 Application accompanied by tree survey report which itemises virtually all the trees on the site categorising their size maturity and condition.

1.19 Application also accompanied by an ecological report prepared by an environmental consultant conclusion of which is as follows:

“There are no ecological concerns raised by this survey. However, we recommend that the signs of badger activity within the copse and the presence of bats in the existing building be checked and revisited as this project proceeds. Anecdotal evidence for the occasional presence of red squirrels seems sound and this issue should be considered along side any treating operations in the future.”

1.20 Foundations to be in the form of Auger Bored piled foundations.

1.21 Application accompanied by a design statement which details the concept of the scheme with particular reference to its relationship with the Conservation Area and the existing landscape on the site.

2. Location and Site Characteristics

2.1 L shaped sloping site having road frontages onto St John’s Hill, Alexandra Road and Westhill Road. Site currently accommodates detached two storey dwelling, No. 14 Alexandra Road.

2.2 Prevailing pattern of surrounding development characterised by a mixture of relatively modern two storey detached dwellings in Westhill Road to the north west whilst opposite the Westhill frontage are various two and three storey blocks of flats some of which being conversions of Victorian buildings with there being other flats opposite of more modern design.

2.3 In terms of the Alexandra Road frontage opposite the site are a number of two storey dwellings, bungalows and three storey block of flats occupying higher level ground on the eastern side of Alexandra Road.

2.4 To the south of the site on the other side of St John’s Hill are two storey dwellings being numbers 84 to 114 St John’s Hill.

2.5 Apart from the existing house the area around it is set to garden with the remainder of the site being heavily wooded and in many cases overgrown. (Six of the trees are subject to Tree Preservation Orders.)

2.6 There is a modern two storey dwelling (Highview) to the west of the site. The lower northern boundary encloses the rear gardens of numbers 131, 133 and 135 Westhill Road with the north eastern boundary abutting the side boundary of 135 Westhill Road which is a relatively modern detached dwelling. The upper part of the northern boundary forms the southern limit of the conservation area.

2.7 The site generally slopes from the south east to the north-west. Existing St John’s Hill boundary is in the form of fence on stone wall which in part returns along Alexandra Road.

3. Relevant History

3.1 In December 2004 an application for a similar density of development (2/3/4 storey block of flats, 3 pairs of semi-detached houses) was received and following the processing of that application along with input from the Council’s Countryside Services Manager and the Council’s Ecology Officer fundamental issues were identified which caused a number of concerns. The applicant was advised accordingly and the application was withdrawn in February 2005.

4. Development Plan Policy

4.1 National Policy guidance is contained within PPG3 - Housing with relevant considerations itemized as follows:

· In providing sufficient housing land priority should be given to reusing previously developed land within urban areas in preference to the development of green field sites.

· Provide wider housing opportunity and choice, better mix, size and type and location of housing.

· Planning authorities should ensure maintenance and supply of housing by concentrating most additional housing development in urban area.

· Make more efficient use of land particularly previously developed land.

· Create more sustainable patterns of development ensuring accessibility to public transport, jobs, education etc.

· Make more efficient use of land by adopting appropriate densities with 30-50 units per hectare quoted as being the appropriate levels of density.

· New housing development should no be viewed in isolation but should have regard to the immediate building and wider locality.

· More than 1.5 parking spaces per dwelling is not likely to reflect the Government’s emphasis on sustainable residential development.

4.2 Reference is also made to PPS1 – Delivering Sustainable Development

· This document lays down a number of key principles which should achieve the main aim of sustainable development and makes a positive difference to peoples’ lives and helps to deliver homes, jobs etc whilst protecting and enhancing the historic environment.

· It emphasizes the role of good design plays in ensuring attractive useable, durable and adaptable places.

· Document emphasises that design policies should:

o Avoid unnecessary prescription or detail

o Concentrate on overall scale, density, massing and height

o Layout and access of new development in relation to neighbouring buildings and local area.

o Should not attempt to impose architectural styles or stifle innovation, originality or initiatives.

o Promote or reinforce local distinctiveness where appropriate.

4.3 Reference is made to PPG15 – Planning and the Historic Environment which emphasises the following:

· Importance of environmental stewardship in providing protection of all aspects of the historic environment.

· The objectives of the planning process should be to recognise the need for economic growth with the need to protect the natural and historic environment..

· Emphasis on the need for pre-application discussions.

· Applicants should be expected to provide written information and/or drawings indicating their understanding of the context of the area.

4.4 Local Plan Policies

· Relevant Strategic Policies as follows:

o S1 – New Development will be Concentrated within Existing Urban Areas.

o S2 – Development will be encouraged on land which had previously been developed.

o S6 – All Development will be expected to be of a High Standard of Design

o S7 – Need to provide development of at least 8,000 Housing Units over a planned period. Large proportion will occur on sites with existing allocations or planning approvals or on currently on unidentified sites……

· Local Plan Policies:

o G1 – Development Envelopes

o G4 – General Locational Criteria

o D1 – Standards of Design

o D2 – Standards for Development within the Site

o D3 – Landscaping

o B6 – Protection and Enhancement of Conservation Areas

o H4 – Unallocated Residential Development Restricted to Defined Settlements

o C12 - Development Affecting Trees and Woodland

o TR6 – Cycling and Walking

o TR7 – Highway Considerations for New Development

o TR16 – Parking Policies and Guidelines

o U2 – Ensuring Adequate Educational, social and community facilities for the future population.

o U11 – Infrastructure and Services Provision

4.5 Site is within Zone 3 in terms of parking policies and therefore parking provision should 0-75% parking guidelines

5. Consultee and Third Party Comments

5.1 External Consultees

Southern Water confirms correspondence with the applicants and also confirms there have been few sewer flooding incidents further down St John’s Road. Southern Water acknowledge that they are obliged to accept foul drainage but note that the removal of surface water from the current foul sewage system would have obvious advantages. They note that site does offer potential for surface water to a soakaway system which is in accordance with the latest recommendations on surface water drainage.

5.2 Internal Consultees

· Highway Engineer recommends appropriate condition should application be approved but does make specific comments as follows.

o Westhill Road preferred option for access as it carried significantly less traffic than St John’s Hill or Alexandra Road.

o Access provides acceptable visibility although does suggest that visibility to the east needs to be indicated more accurately to ensure adequate inter visibility with the junction to the east.

o Parking provision layout and turning for both private and commercial vehicles acceptable.

o Suggested condition for closure of existing access off Alexandra Road.

o Highway engineer requires road widths to be widened to achieve minimum 4.1 metres with increased to 4.8 metres at the junction with the highway extending at least 5 metres into the site.

· Council’s Ecology Officer has inspected the site although has not been able to inspect the existing building on the site. His comments are summarised as follows:

o Although no inspection of existing building (14 Alexandra Road) was taken place, it was noted that surrounding woodland likely to support bat roosts and therefore there would a need for further investigation.

o Roosting bats are protected species under the Wildlife and Countryside Act and also protected in their place of shelter under European Law.

o Development licence issued through DEFRA will be required if bats are present on the site.

o He advises that because of the structure of the building and the known proximity of good bat habitat, bat survey of the roof space should be carried out by a suitably qualified ecological consultant and submitted to the Planning Authority in order to establish whether the building is a bat roost site and if so appropriate recommended mitigation measures should be applied.

o Red squirrels are known to visit the area occasionally but are not resident there.

o Variety of birds use the site for nesting and foraging and substantial chucks of the woodland cover need to be conserved to be protected if it is to serve the role of screening and protecting bio diversity.

o No permitted clearance should be carried out between the months of March to July inclusive to avoid disturbing nesting birds.

· Council’s Tree Officer has visited the site and comments as follows:

“The positioning of the proposed buildings has been done in such a way that the surrounding trees on the perimeter of the site have remained virtually untouched. This is a vast improvement on the prior application and would have little impact on the amenity the trees offer as perceived by the public.

It is important that the retained trees are protected during the build as any damage could affect the important visual amenity when looked on from outside the site. This would be done by placing a condition that protected fencing is installed around the trees to BS5837 Standard before any demolition or construction is done and retained throughout the build.”

5.2 Application has been the subject of eight letters and emailed objections four from residents of Westhill Road including one from the immediate neighbouring property, 135 Westhill Road, three from residents of Alexandra Road and one on behalf of the Council for the Protection of Rural England. Application has also been the subject of an eight signature petition.

In terms of the latter petition, the subject matter of that petition relates to aspects of the proposal being the importance of the woodland and the proposed scale of development. In terms of the woodland, concerns are summarised as follows:

· Concern that the development will adversely affect the important contribution the woodland makes to the area in terms of its ecology bio diversity and its general visual appearance providing a natural buffer in amongst a mainly built up urban area.

· Concern that tree diseases have caused a depletion of woodland copse areas and those that remain should be protected from risk and potential damage thus weakening their long term retention.

· The general scale and density of development will alter the character of the woodland and its contribution to the conservation area and because of general height proposed development will be visible and providing privacy issues in respect of properties in Alexandra Road.

· Concern expressed regarding the viewing room indicated to the flats which will provide extensive views impacting on privacy of nearby properties.

· The sections indicate the tallest property in Alexandra Road as a comparison although the houses adjacent and directly opposite are considerably lower than the property indicated on the section.

· Whilst acknowledging that the submitted plans indicate extensive tree cover there is little confidence that will in fact be retained and therefore adjacent privacy is likely to be affected.

· In summary petition has considered that the scale of this proposed development is not in keeping with the location.

Five of the signatories to the petition reside in Alexandra Road with the remaining three residing in Westhill Road.

Additional points raised in the eight individual letters of representation are summarised as follows:

· Consensus that the principle of the flat block is unacceptable on the grounds of excessive mass and scale and the fact that there is a surplus of flatted accommodation in the area.

· Proposal represents an over development of the site having an excessive environmental impact on the area with one writer considering a more modest development of small scale houses being more likely to be appropriate.

· One objector considers the style of fenestration on the flats is inappropriate.

· Concern that the proposal will have an adverse effect on the recently preserved trees on the site.

· Neighbouring property owner in Westhill Road in specifically concerned that any new tree planting and their root system will have an adverse impact on the structural integrity of the existing property.

· Concern that the adjacent properties in Westhill Road will be overlooked from the first and second floor windows in the semi-detached houses.

· Objector not convinced that surface water disposal will not ultimately have an adverse effect on existing ground conditions.

· Neighbouring property owner disputes reference to the site being used for fly tipping and suffering from anti-social behaviour.

· One objector considers that proposal will result in an unacceptable additional generation of traffic causing further hazards to existing road users.

· One objector considers the parking provision is insufficient and is likely to increase pressures on on-street parking.

· If approved concern raised regarding the general disturbance that will be caused by construction traffic.

6. Evaluation

6.1 Principle

Whilst the principle of development on a site in this type of location within an existing built up area would normally be acceptable its extensive woodland character and the contribution that makes to the area presents a significant constraint on the acceptance of that principle. It is therefore important to establish in detail the character and quality of the woodland before concluding whether or not the site is capable of any development without adversely impacting on that character or secondly what level of development could be accommodated on the site whilst still essentially retaining the woodland character of the site and therefore retaining its visual contribution to the area. It therefore would be appreciated that no development on this site could be considered without detail information regarding the woodland in terms of the position and condition of the trees and their future practical retention in relation to any proposed new development.

6.2 Woodland Assessment

Application is accompanied by a Tree Report prepared by an appropriate arboriculturalist whose report indicates that 249 trees have been inspected and scheduled with regard to their size and condition. A summary of his conclusions are itemized as follows:

· Recognition as woodland rather than an individual group of tree specimens.

· Recognise that six trees have been identified however as being worthy of tree preservation orders.

· All these preserved trees appear to be sited sufficiently clear of the proposed construction works to allow appropriate protective fencing.

· Recognition that some tree surgery works may be required to re-balance or reshape the individual TPO trees where adjacent trees have been removed. (Recommended that this should be subject of on-going assessment with links to appropriate TPO application procedures).

· Site contains a number of dead Elms which should be removed.

· Future tree works may include surgery to make safe individual trees adjacent to the proposed woodland footpath.

Consultant also makes comments regarding landscape proposal:

· He recommends that, rather than remove the hedgerow in the south east corner of the site, it should be cut down to a height of 2.5 metres with any gaps being planted out with replacement Bay or Hawthorn planting.

· Reference made to existing natural screen on eastern boundary which is thinner and has more gaps and would therefore respond well to cutting back but not removal but reinforcement with further planting.

· Hedge on southern boundary of number 135 Westhill Road provides sufficient room and light to plant Hawthorn hedge as proposed. He recommends the addition of 20% of other native species such as Field Maple, Dogwood and Wild Privet to improve the appearance and wildlife value.

· The hedge on north eastern side of the site has only sufficient light and space to plant a Hawthorn hedge in the top half with the southern half being more heavily shaded. He recommends a more appropriate regime of planting in the form of evergreen Laurels.

In summary he states the following:

· Although this development will have less impact on the woodland character of the site than the previous application, many trees will be lost. In order to compensate for these losses new planting must fulfill landscaping and screening needs. Trees are to be retained around most of the periphery of the site but with the exception of the boundary with number 135 Westhill Road. It is therefore important that the majority of the trees should be planted in this location. They should be of substantial size suited to the site conditions provide good screening but have a low nuisance potential. He comments on the tree planting proposals as follows:

o Proposal for planting of ornamental Cherries shown would seem reasonable.

o For the trees to be planted along the southern boundary of number 135 Westhill Road, I suggest the species should be Hornbeam. These should be heavy standard planted at approximately 4 metre spacing except on the western end of the line where there is fine young Field Maple sapling which should be allowed to develop naturally.

From the above Members will appreciate the careful consideration which has been given to the woodland aspect of this proposal and the capability of the site to accommodate development whilst still retaining the most important woodland elements being the border trees including those which are the subject of Tree Preservation Orders.

This aspect of the proposal has involved the Council’s Tree Officer and in relation to previous withdrawn application the Council’s Countryside Services Manager. The Council’s Countryside Services Manager recognizes the large area in the western half of the site performs a very significant screening function having significant local amenity value impacting on the local landscape from a considerable distance away. He suggested however that the area in the south eastern part of the site is of less exceptional visual importance but has local amenity. It was for that reason that he considered that the previous withdrawn application was unacceptable because of the impact that proposal would have had on the more important area because of location of buildings and the proposal to provide an access of St John’s Hill. The revised current application has essentially sited the flats within the area of the current site which is laid to grass and is open and generally free of any trees. The pair of semi-detached properties within this area has been sited to the north and will result in a loss of a number of trees but these are within the centre of the site with the boundary and screening trees being retained.

With regard to the area in the south east, the Countryside Services Manager considered that this is less problematic although tree loss will occur by the siting of the two pairs of semi-detached properties along with the access road etc. Again, it is important to appreciate that the preserved trees are to be retained as indicated.

The Council’s Tree Officer supported comments are self explanatory again emphasising that this proposal retains the surrounding trees on the perimeter of the site leaving them virtually untouched and therefore would have little impact on the amenity that these trees offer and currently enjoyed by local residents. It should also be remembered that the proposal provides for additional tree planting within the site with particular reference to tree planting along the northern boundary where it abuts property 135 Westhill Road. Proposal also provides for reinforcement and retention of existing hedgerows as described which will reinforce the screening effect of the perimeter trees.

Whilst acknowledging the concerns regarding the effect of this proposal on the woodland character, I am satisfied that the level of information that has been provided indicates the care and attention that has been played to this aspect of the proposal and this coupled with the support of my colleagues in the Countryside Section and the Tree Officer leads me to view that the loss of trees which would result from the proposal would not impact on the overall character of the woodland as seen from outside the site to a degree which would warrant a resistance to the principle of development on the site. The degree of care which has been exercised in this case is in evidence by the use of a sustainable drainage system which includes permeable surfacing for roads and drives etc. a surface treatment which is essential where these surfaces are within crown spreads of existing trees.

6.3 Scale, Design and Density

It is acknowledge that the characteristics of this area are of mixed range of dwelling types; however there is no doubt there are a number of examples of large substantial buildings mainly in the form of flats in Alexandra Road and Westhill Road. However, because of the extensive woodland character of the site it is unlikely to be “read” as a part of the existing urban landscape. Therefore I suggest the introduction of a three storey block of flats within a treescape which would virtually screen the block from the surrounding are is not unacceptable. Obviously there will be glimpses of the block when constructed through the trees particularly in the winter, however I consider the applicant has used the topography of the site to reduce mass impact and this coupled with its location leads me to the view that a three storey block of flats in this position would not impact to the degree that is being suggested by objectors.

Similarly I consider the pairs of semi-detached houses which are also three storeys in height, will not have the level of impact that is suggested. The finished floor levels of these properties are set at lowest point possible, particularly in terms of its relationship of units 03 and 04. It should also be appreciated that the impact of the semi-detached pairs will be reduced by the fact that reasonable space about the units has been provided particularly in terms of units 3 & 4 and 5 & 6. Therefore whilst glimpses will be achievable of these units, particularly in the winter, their impact on the surrounding area will be even less than that of the block of flats.

In terms of design and external appearance the applicants justify their approach as follows:

· Although the flats have a modern design approach the roof top tower reflects many of the Victorian villa towers which are a feature of the Ryde townscape.

· The natural slate roof finish again reflects the prevailing pattern of roof finishes in the area.

Similarly the applicants consider the design approach in respect of the semi-detached houses, have been carefully considered and will both contribute to and enhance the conservation area. They emphasise that the houses take advantage of the existing site topography and the properties 03 to 06 inclusive have been designed both in terms of the internal arrangement of the rooms and in their location to reduce impact on adjacent properties. Finally they emphasise that by keeping the building’s footprint to a minimum more land will be available for tree retention.

It is considered that the design approach and overall scale of the buildings coupled with their careful location on site are entirely acceptable. Important test of any development within and adjacent to a conservation area is whether or not enhancement is likely to take place. Architects have avoided designing a pastiche of the largely Victoria character in the area whilst still using features which are still common to the area in terms of use of brickwork and appropriate roofing materials. I therefore consider that the proposal is acceptable in these respects.

In terms of density, because a substantial area of the site effectively remains undeveloped the density calculation actually result in the proposal being 26 units to the hectare which is less than the minimum normally required which is 30 units per hectare. However, I consider because of the need to protect the woodland character of this site, a density below the minimum is fully justified in this case.

6.4 Environmental Impact

The proposal for a 2 metre high close boarded fence to the boundary of the property 135 Westhill Road along with additional hedge and tree screen planting will address to an extent, the overlooking from this development of the rear garden of that property. Negotiations have taken place however regarding the potential of overlooking from the first floor north-west facing dining room/kitchen windows with particular reference to the introduction of double doors and more significantly a small balcony serving these rooms. Following these negotiations the applicant has agreed to the omission of the balconies altogether and the insertion of an obscure glazed balustrade directly across the front of the double doors which open inwards. I consider these two steps will significantly contribute to addressing the potential of overlooking. Obviously as the hedges and particularly tree planting matures further screening will be provided.

6.5 Ecology

The concerns of the Council’s Ecology Officer regarding potential bat occupation of the site are noted, however I am satisfied an appropriate condition can be applied requiring prior to demolition of the existing building a full bat survey be carried out of that building and if present an assessment of the impacts and mitigation strategy. Also advice be given to the effect that an appropriate DEFRA licence would be required in respect of any proposals which would compromise existing bat habitat. Similarly with regard to badger presence on the site, again a condition being applied requiring a badger report be prepared prior to commencement of development on the site.

In terms of red squirrels as the proposal provides for the retention of the perimeter tree screen then that habitat should not be unduly affected. Finally, a condition ensuring site clearance is carried out outside the nesting season would be appropriate in this case.

6.6 Drainage

Application has been accompanied by a detailed drainage report prepared by a chartered civil and water engineer, the conclusions of which are quoted as follows:

· In my opinion the site is suitable for a sustainable surface water drainage system based on percolation into the soil. A further investigation will be required to determine the most suitable locations for the infiltration tanks and the required volume. A number of smaller infiltration tanks distributed over the site would be preferable to a single large tank and will minimise the pipe runs.

· Surface water from the roofs only will be connected to a pipe system with infiltration tanks to attenuate the flows.

· Roads parking and other external paved areas within the development should have permeable surfacing to allow surface water to percolate directly into the underlying soil. The surfacing may be natural gravel or an engineered solution such as permeable block paving. It is important that the structure of the paving under the surfacing takes account of the need for permeability.

· Consideration should be given at the detail design stage to the recycling of roof water for non-potable uses within the new dwellings. This will reduce the total volume of water to be discharged by infiltration and reduce the demand from the public water supply system. Both improve the sustainability of the development and reduce the demand from the public water supply system. Both improve the sustainability of the development and reduce its wider environmental impact.

· Southern Water has confirmed there is sufficient capacity in the existing public sewerage system for the foul flow from the development. The foul flow may be connected to the public sewer at the manhole at the junction between St John’s Hill and Upper Highland Road, or downstream of the this point. The manhole is the closest point on the public sewer to the site and therefore appropriate for the new connection.

Again, the submission of this report is an indication of the applicant’s concern to the introduction of drainage systems which are both sustainable and will not cause a flooding problem to adjoining properties. It is important to appreciate that detailed design of the infiltration drainage system is a building regulation matter outside the remit of the Planning Authority. The proposal to introduce a sustainable surface water drainage system is entirely in accordance with the national policies of the Environment Agency which seeks to put surface water back into the ground as opposed to discharging into a pipe system. This is to ensure that such surface water continues to contribute to the water table which in itself will assist in feeding the surrounding trees.

6.7 Parking/Access

Members will note that the Highway Engineer considers that the single access proposal off Westhill Road is acceptable and indeed is the preferred option to the previous proposal to access off St John’s Hill. In terms of parking provision, the 20 parking spaces are entirely in accordance with policy providing as they do two parking spaces for the six semi-detached houses and a single parking space for each of the flats. Given the reasonable central location of the site close to bus routes, such a provision is considered wholly acceptable.

6.8 Section 106 requirements

In terms of contribution, the location and density of development places this proposal within the category that requires an education payment which will be £23,100 (£1,655 per unit). This will be dealt with through a Section 106 Agreement. Also, through the auspices of the Section 106 Agreement there will be a requirement for the developer to fund a registered management company to cover the maintenance of the roads parking and other external paved areas and mores significantly the management of the woodland areas. This will included the need to submit full management responsibilities, strategies etc. Whilst accepting that the proposal will result in the loss of a number of trees on the site, the introduction of development will enable mechanisms to be put into place to ensure the regular maintenance and management of the woodland area in accordance with arboricultural codes of practice thus providing greater certainty for those remaining trees to be retained in the long term future.

7. Conclusion and Justification for Recommendation

Having given due regard and appropriate weight to all material considerations referred to in the evaluation section your officers consider that this proposal has addressed all the issues associated with woodland sites such as this. Whilst the concerns of local residents are noted, your officers consider the scheme satisfies the test of preservation and enhancement of the Conservation Area and will provide a more certain future for the retained trees through their management and through the occupation of the site. Scale design and density is considered acceptable for the reason given and therefore the application is recommended for approval subject to the controlling conditions which will be essential for the development of this site.

8. Recommendation

To grant conditional permission subject to conditions including requirement to enter into a Section 106 Agreement.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 5 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	The development permitted by the planning permission shall not be initiated by the undertaking of material operations defined in Section 56 (4) A-D of the Town & Country Planning Act 1990 in relation to the development until a planning obligation pursuant to Section 106 of the said Act relating to the land has been made and lodged with the Local Planning Authority and the Local Planning Authority has notified the person submitting the same that it is to the Local Planning Authority's approval. The said planning obligation will provide for: a) the sum of £23,100 (£1,650 per unit) to be paid to the Local Planning Authority as a contribution to education facilities. b) the setting up of a fully funded registered management company for purposes of establishing design objectives, management responsibilities and maintenance schedules in respect of the retained communal woodland areas. c) evidence that any lease or conveyance agreements ensure future residents contribute towards maintenance and management costs in respect of item b) above. Reason: To ensure provision of education facilities and future management of woodland area in compliance with Policy U2 (Insuring Adequate Educational, Social and Community Facilities for future population) and Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.
3	Development shall not begin until details of design, surfacing and construction of the new access road and car parking and turning areas together with details of the means of disposal of surface water drainage there from have been submitted to and approved in writing by the Local Planning Authority. Details shall include for the provision of surface treatment which is permeable allowing surface water to percolate directly into the underlying soil. Development shall be carried out in accordance with the approved details. Reason: To ensure an adequate standard of highway access and drainage for the proposed dwellings in compliance with Policy TR7 (Highway Considerations of the IW Unitary Development Plan.
4	No dwelling shall be occupied until the parts of the service roads which provide access to it have been constructed, surfaced and drained in accordance with [the approved plans/details which have been submitted to and approved by the Local Planning Authority]. Reason: To ensure an adequate standard of highway and access for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
5	Development shall not begin until details of the sight lines to be provided at the junction between the access of the proposal and the highway have been submitted to and approved in writing by the Local Planning Authority and the development shall not be occupied until those sight lines have been provided in accordance with the approved details. Nothing that may cause an obstruction to visibility shall at any time be placed or be permitted to remain within the visibility splay shown in the approved sight lines. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
6	No dwelling shall be occupied until the means of access thereto for pedestrians and cyclists have been constructed in accordance with the approved plans. Such details shall include the gated pedestrian access to St John's Hill indicated on the plan hereby approved. Reason: To ensure an adequate, safe provision facilities for pedestrian and cyclists wishing to gain access to the site and to comply with Policy TR6 (Cycling and Walking) of the IW Unitary Development Plan.
7	Development shall not begin until details of the junction between the proposed service road and the highway have been approved in writing by the Local Planning Authority; and the building shall not be occupied until that junction has been constructed in accordance with the approved details. Reason: To ensure adequate access to the proposed development and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
8	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no gates shall be erected other than those expressly authorised by this permission set back a minimum distance of 6 metres from the edge of the carriageway of the adjoining highway. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
9	No later than one month after the day on which any dwelling hereby permitted is occupied or the new access off Westhill Road hereby permitted is first used whichever is the earlier the existing access to the site from Alexandra Road should be permanently closed and any footway crossing reinstated in accordance with details which have been submitted to and approved by the Local Planning Authority. Reason: In the interest of highway safety and comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
10	No dwelling hereby permitted shall be occupied until space has been laid out within the site in accordance with Drawing Nos. RP559/R/03 and RP559/R/06 for 20 cars and 8 bicycles to be parked and for emergency and refuse vehicles to turn so that they may enter and leave the site in a forward gear. Space shall not thereafter be used for any purpose other than that approved in accordance with the condition. Reason: In the interests of Highway Safety to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
11	Steps, including the installation and use of wheel cleaning facilities in accordance with details to be submitted to and approved in writing by the Local Planning Authority, shall be taken to prevent material being deposited on the highway as a result of any operation on the site. Any deposit of material from the site on the highway shall be removed as soon as practicable by the site operator. Reason: In the interests of highway safety and to prevent mud and dust from getting on the highway and to comply with policies TR7 (Highway Considerations) and M2 (Defined Mineral Working) of the IW Unitary Development Plan.
12	None of the 8 flats hereby approved shall be occupied until bicycle parking provision has been provided in the locations indicated on Drawing No. RP559/R/03. Details of such parking provision shall be submitted to and approved in writing by the Local Planning Authority and any such provision shall be retained thereafter. Reason: To ensure adequate provision for the parking of bicycles in compliance with Policy TR6 (Cycling and Walking) of the IW Unitary Development Plan.
13	Surface water drainage discharge will be in accordance with a sustainable urban drainage system based on direct infiltration to the underlying soil in accordance with the Drainage Report dated 9 November 2004 (prepared by Michael J Long, Chartered Civil and Water Engineer) which accompanied the application and the details indicated on Drawing No. RP559/R/03. Such drainage details shall be carried out in accordance with those approved details. Reason: To ensure a satisfactory surface water drainage system is provided in compliance with Policy U11 (Infrastructure and Services Provision) of the IW Unitary Development Plan.
14	Prior to any other works commencing on site including demolition of the existing building a bat survey of the roof space of the existing building shall be carried out by suitably qualified ecological consultant and the results of any such survey shall be submitted to the Local Planning Authority in order to establish whether the building is a bat roost site. Any such bat surveys shall include provision for mitigating measure which shall be approved by the Local Planning Authority prior to any other works taking place. (Applicant is advised that a development licence from the Wildlife Licensing Division of DEFRA will be required before any works can be undertaken). Reason: To allow the proper consideration of the impact of the proposed development and contribution of nature conservation interest to the amenities of the area and to comply with Policy C8 (Nature Conservation as a Material Consideration) of the IW Unitary Development Plan.
15	No scrub, shrub, tree and ground clearance shall take place between the months of March to July inclusive. Reason: To minimise disturbance to wildlife and nesting birds and to comply with Policy C8 (Nature Conservation as a Material Consideration) of the IW Unitary Development Plan.
16	No development including site clearance shall commence on the site until all trees, not previously agreed with the Planning Authority for removal, have been protected by fencing or other agreed barrier along a line to be agreed in writing with the Local Planning Authority. Any fencing shall conform to the following specification. 1.2 minimum height Chestnut paling to BS1722 Part 4 Standard securely mounted on 1.2 minimum above ground height timber posts driven firmly into the ground. Such fencing or barrier shall be maintained throughout the course of the works on the site during which period the following restrictions shall apply: a) No placement or storage of materials. b) No placement or storage of fuels or chemicals c) No placement or storage of excavated soil d) No lighting of bonfires e) No physical damage to bark or branches f) No changes to natural ground drainage in the area g) No changes to ground levels h) No digging of trenches for services, drains or sewers i) Any trenches required in close proximity shall be hand dug ensuring all major roots are left undamaged. Reason: To ensure that the woodland tree areas to be retained are adequately protected from damage to health and stability throughout the construction period in the interests of the amenities of the area in compliance with Policy D3 (Landscaping) and Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.
17	Prior to occupation of any of the dwelling hereby approved, the proposed tree and hedge planting indicated on Drawing No. RP559/R/03 shall be carried out in accordance with details to be submitted to and approved by the Local Planning Authority. Such landscaping proposal shall include schedule of plants, noting species, plant sizes and proposed numbers and an implementation programme. Such landscaping scheme shall include provision for trees (species Hornbeam or similar) to be planted adjacent the southern boundary of No 135 Westhill Road with such trees being of heavy standard type planted approximately 4 metre spacings as indicated on the above mentioned plan number. Reason: To ensure the appearance and screening of the development is satisfactory and to comply with Policy D3 (Landscaping) of the IW Unitary Development Plan.
18	No retained trees within the retained woodland area including the trees subject to Tree Preservation Orders shall be cut down, uprooted or destroyed nor shall any retained tree be topped or lopped other than in accordance with the recommendations contained in the Tree Report dated 3 June 2205 and in accordance with written approval of the Local Planning Authority. Any topping or Lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work). If any retained tree is removed, uprooted or destroyed or dies a replacement tree shall be planted in the same place or place to be agreed and that tree shall be of such a size and species and shall be planted at such time as may be specified in writing by the Local Planning Authority. Reason: To ensure the protection of the trees to be retained in the interests of the amenities of the area and in compliance with Policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.
19	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the dwellings hereby permitted are occupied. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
20	None of the dwellings hereby approved shall be occupied until details of any lighting to be installed in respect of the access road, car parking and car parking areas have been submitted to and approved in writing by the Local Planning Authority. Such lighting scheme shall be carried out in accordance with the approved details. Reason: In the interest of future occupiers and adjoining property owners in compliance with Policy D1 (Standards of Design) and D14 (Light Spillage) of the IW Unitary Development Plan.
21	No development shall take place until samples of materials/details of the materials and finishes, including mortar colour to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
22	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order, with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed in the north east facing elevation of semi-detached dwelling 02. Reason: In the interest of the amenities of the area and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
23	The first floor obscure glazed north west facing balustrade feature on units 03, 04, 05 and 06 shall be retained and shall not be removed without the prior written consent of the Local Planning Authority. Reason: In the interest of the amenities of the area in compliance with D1 (Standards of Design) of the IW Unitary Development Plan.
24	Notwithstanding the provisions of the Town & Country Planning Act (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no balconies shall be constructed on north east facing elevation of dwelling 02 and north west facing elevation of dwellings 03, 04, 05 and 06 without the prior written consent of the Local Planning Authority. Reason: In the interests of the amenities of the adjoining property owners in compliance with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

02

Reference Number: P/01582/05 - TCP/27230 Parish/Name: Gurnard - Ward/Name: Gurnard Registration Date: 16/08/2005 - Full Planning Permission Officer: Mr A Pegram Tel: (01983) 823552 Applicant: Southern Water Services Limited Installation of twin water supply pipelines above mean low water; construction of an underground flow meter chamber and a control kiosk; reinstatement of an existing underground connection chamber; connections to existing water mains; temporary working areas land north of Cliff Farm and south of, Hornhill Copse west of, Rew Street, Cowes, PO31

This application is recommended for conditional permission.

Reason for Committee Consideration

The application involves a major infrastructure project of island wide significance and was accompanied by an Environmental Statement. Therefore, in accordance with the adopted standing orders the application falls to be determined by the Committee.

1. Details of Application

1.1 The project involves the provision of twin water supply pipelines running between the mainland and the island. The pipelines are required to replace two existing pipelines, laid in 1980, which supply approximately one quarter of the island’s water supply. The pipelines would run between Lepe Country Park on the mainland and an area to the west of Gurnard Marsh on the island, where they would be connected into the existing water main. The new water mains would be laid in the vicinity of the existing pipelines and would involve directional drilling from either side of the Solent with the central section of the pipeline embedded into the sea bed. Each pipeline would have a diameter of 300mm and would be pulled into position from a barge at sea

1.2 The proposal would involve the construction of an underground flow meter chamber and provision of a control kiosk, which would be located adjacent the north western boundary of a field located on west side of Rew Street, approximately 200 metres south of the coastline. The flow meter chamber would be constructed from reinforced concrete, having a length of 7 metres, a width of 3.7 metres and an overall height of 3 metres. The chamber would be, for most part below ground, projecting approximately 500mm above ground level. The control kiosk is a relatively small cabinet mounted on a concrete slab, having overall height of approximately 1.2 metres, a width of 900mm and a depth of 545mm.

1.3 The existing valve chamber is located closer to the coastline, approximately 50 metres south west of Gurnard Luck. An underground pipeline would be laid from the new valve chamber, through the fields adjacent Rew Street and connection made into the existing water main immediately on the landward side of the existing valve chamber. The majority of this pipeline would be directional drilled with small sections of trench laid pipes at either end.

1.4 During the drilling operations and construction phase, temporary working areas would be created. It is intended to create the working area during the period from February to May 2006. This will necessitate the removal of some hedgerow and other vegetation which would be undertaken in advance of the nesting season. A temporary compound will be created on land to the west of Rew Street and to south of Hornhill Copse containing a temporary drill rig and will require the construction of a strong and durable working surface for heavy plant, lifting operations and storage of equipment. Topsoil stripped from the working area and stored for the purpose of reinstating the field after works have been completed. For security purposes, the working area would be enclosed with temporary fencing with height of approximately 2.1 metres.

1.5 It is intended to carry out the directional drilling operations during the period from May to September 2006. It is predicted that the drilling operations would take approximately 10 weeks and would generally be undertaken 12 hours a day (0700 hrs to 1900 hrs), 7 day a week. On completion of the drilling operation, the installation of the pipelines would involve continuous working. Other work, including the construction of the flow meter chamber and kiosk and other underground connections are scheduled to take place at the end of 2006.

1.6 A separate application is currently being considered by the New Forest District Council for the work required on the mainland connection at Lepe Country Park. Other consents will be required from bodies such as the Marine Consents and Environment Unit. However, this report will deal principally with the planning requirements for the work required on land and within the intertidal area over which the Isle of Wight Council has jurisdiction. This is clearly a major infrastructure project, which has potential significant impacts and, in accordance with the Environmental Impact Assessment Regulations, an Environmental Statement (ES) has been produced in respect of the entire project. A copy of the Non-Technical Summary is attached to this report as an Appendix. A copy of the full statement can be made available to Members.

2. Location and Site Characteristics

2.1 The pipelines would run from the existing water main on the western edge of Gurnard Marsh to Lepe Country Park on the mainland. The installation of the pipelines will take place from land on the coastal slopes, to the west of Rew Street. The land falls in a northerly direction to the coastline, in an area, which is rural in character. Field boundaries are defined by hedgerow. Development in this area is generally sporadic and comprises predominantly of single storey timber chalets.

2.2 The application site is within and adjacent areas subject to numerous designations for landscape and nature conservation value. Of particular importance to the current proposal, the coastal area is designated as a Special Area of Conservation (SAC).

3. Relevant History

3.1 None which is directly relevant to the current proposal.

4. Development Plan Policy

4.1 The following Planning Policy Guidance Notes (PPGs) and Planning Policy Statements (PPSs) are considered to be relevant to the proposal:

PPS1 – General Policy and Principles

PPS7 – Sustainable Development in Rural Areas

PPG9 – Nature Conservation

PPG13 – Transport

PPG16 – Archaeology and Planning

PPG20 – Coastal Planning

PPG21 – Tourism

PPG24 – Planning and Noise

4.2 The site is located outside the development envelope, partially within an Area of Outstanding Natural Beauty and adjacent an area designated as a Special Area of Conservation, through which the pipelines would run. Relevant policies of the Unitary Development Plan are considered to be as follows:

· S4 – The countryside will be protected from inappropriate development.

· S10 – In areas of designated or defined scientific, nature conservation, archaeological, historic or landscape value, development will be permitted only if it will conserve or enhance the features of special character of these areas.

· G1 – Development Envelopes for Towns and Villages

· G4 – General Locational Criteria for Development

· G5 – Development Outside Defined Settlements

· G10 – Potential Conflict Between Proposed Development and Existing Surrounding Uses

· G11 – Coastal Development

· C1 – Protection of Landscape Character

· C2 – Areas of Outstanding Natural Beauty

· C3 – Development of the Coast Outside of Development Envelopes

· C8 – Nature Conservation as a Material Consideration

· C9 – Sites of International for Nature Conservation

· C11 – Sites of Local Importance for Nature Conservation

· C13 – Hedgerows

· U11 – Infrastructure and Services Provision

· U13 – Development of Utility Services

· U14 – Screening of Utilities Plant and Equipment

· U19 – Safeguarding of Aquifers and Water Resources

5. Consultee and Third Party Comments

5.1 Internal Consultees

The Council’s Ecology Officer advises that ecological impacts have been greatly reduced by design and negotiation. Through consultations, the pipelines, temporary drill rig site and working areas have been situated to avoid SINCs and other features of known ecological value. Land based ecological impacts have been substantially reduced as follows:

· Hornhill Copse SINC – twin pipelines drilled beneath the eastern section of the wood. Directional drilling at a depth of 4 to 6 metres beneath the surface will avoid damage to principal tree roots.

· Hedgerow loss – the scheme will result in the loss of approximately 4 metres of hedgerow at Gurnard as a result of widening an access track. The ES recommends replanting with an appropriate local mix of local provenance.

The Council’s Ecology Officer acknowledges that the timings and mitigation within the Environmental Statement should avoid adverse ecological impacts; he recommends conditions to address the following:

· Restrictions on the removal of hedgerows to the period from August to February inclusive, to avoid disturbance to nesting birds.

· Replacement of any removed stretches of hedgerow with an appropriate mix of local provenance stock.

The AONB Planning Officer comments that the site lies within and adjacent the AONB. The AONB Officer acknowledges the scheme will have a minimal temporary impact upon the Isle of Wight AONB due to the required construction work. However, due to the importance of the scheme to the people and economy of the Isle of Wight and due to likely minimal temporary impact of works on the setting of the AONB designation, it is not believed that there is a need to require any further detailed analysis of visual impact on this occasion. The Isle of Wight AONB Partnership is content that the archaeological and nature conservation aspects of the scheme will be commented upon in detail by relevant partners. The AONB Partnership raises no objection to this proposal.

The Coastal Manager does not consider that this proposal will have any adverse impacts in terms of ground instability. He advises that the applicant has been made aware of the Cowes Ground Stability Study which is the most up to date resource on ground conditions in the area.

The Council’s Planning Archaeologist recommends a condition should the application be approved in order that archaeological features may be adequately recorded during the course of the construction period.

5.2 External Consultees

English Nature highlights that site is or is close to various designation sites and that the impact on these sites needs to be considered under the Conservation (Natural Habitats, &c.) Regulations 1994 and the Wildlife and Countryside Act 1981. Having reviewed the information which accompanied the application, including the Environmental Statement, English Nature considers that, subject to the work being carried out in accordance with the information contained in the document, particularly the methodology, timing and proposed mitigation, the proposed scheme in its entirety is unlikely to have a significant effect on the interest features of the SAC, SPA and Ramsar sites or that it will adversely affect the wider conservation interests of the SSSI.

In addition, subject to the work being carried out in accordance with the timings and mitigation detailed in the ES, it is considered that protected species are unlikely to be adversely affected by these works. Consequently, English Nature raises no objection to this proposal. However, English Nature recommends that the applicant is advised that should protected species be discovered at any stage of the operations, work should stop immediately and contact made with them for further advice.

5.3 Town and Parish Council Comments

Gurnard Parish Council advise that the application provoked a lengthy discussion on the likely process involved and that it was agreed that close liaison and communication should be maintained with Southern Water and its contractors until completion.

The parish council also agreed to seek reassurances over vibration damage to local properties. The Parish Council resolved to raise no objection to the proposal.

5.4 Neighbours Etc.

Letter has been received from the Stonewood Bay Oystermen Limited objecting to the proposal on the grounds that the scheme is only 1,000 metres from the Several Order oyster beds, and the current and tide will take any particles in suspension onto the oysters, raising concerns for smothering. They expressed concern that this work will cut their Several Order from its source of natural spat material, which is distributed from the Beaulieu River in late summer and early autumn, the time in 2006 when sea section of the work is to be undertaken according to the information which accompanies this submission. The Stonewood Bay Oystermen had previously requested information from the applicants, including location of the drilling platforms in relation to the oyster beds. They note the fishing statements made on relocation of fin fish away from the area but point out that oysters have no ability to move themselves from an area. They also comment that the statement of oyster stocks being B Class is misleading in that it is a statement of water quality not oyster quality.

6. Evaluation

6.1 This is a major infrastructure project raising a number of issues requiring careful consideration, including the need and importance of this piece of infrastructure to the Island and whether this outweighs any potential adverse impacts arising from the proposal. Therefore, determining factors in considering this application are considered to be as follows:

· Need for the infrastructure

· Potential impacts arising during the construction phase

· Impact of proposal on local and maritime environment, particularly designated areas

· Effect of proposed construction work on nearby residents

· Traffic generation issues associated with proposal

6.2 The cross Solent water main is considered to be a vital component of the water supply infrastructure serving the Isle of Wight. Whilst a large proportion of the Island’s water is supplied from existing resources on the Island, over the course of a year, the pipeline carries approximately 27% of the total volume of water supplied to the Island’s consumers, and a higher percentage at times of peak demand. The existing twin pipelines, which were laid across the Solent in 1980, have reached the end of their design life and their condition is deteriorating. The condition of the pipelines and the need for their replacement was highlighted in February 2003 when one of the pipes sustained damage from a ship’s anchor. Until such time as the repair was completed, the temporary loss of half of the available transfer capacity placed a significant strain on the Island’s water resources.

6.3 The loss of this pipeline would result in the Island’s water resources being unable to meet peak demands and consequently, there is a fundamental need both to replace the underwater section of main between Lepe and Gurnard and to ensure that the capacity of the new main is sized to meet the forecasted demands for water to the year 2030. Whilst there is a need to replace the cross Solent section of the water main, the overland sections which complete the link between Testwood Supply Works at Totton with Broadfields at Cowes are in satisfactory condition and have sufficient additional capacity to handle the anticipated growth in demand for water.

6.4 In addition to providing this piece of infrastructure to meet a clear and obvious demand, as a statutory water undertaker under Section 8 of the Water Industry Act 1991, Southern Water has a duty to develop and maintain an efficient and economical system of water supply within its area. Clearly to satisfy the requirements of this duty, it is necessary to maintain a supply to the Island and to carry out this project.

6.5 Alternatives have been considered to meeting the Island’s demand for water. The alternatives considered include effluent re-use (re-cycling effluent) and transporting water from the mainland using tankers. These options have been discounted for various reasons, including potential health issues and in the case of the latter, cost and environmental implications of providing off shore anchorage and other facilities to transfer water in sufficient volumes to the Island. Desalinisation was also considered but discounted due to the adverse implications for energy balance, cost and likely impact on the coastline. Further options involve developing existing facilities, although these would deliver only small additional yields, insufficient to meet the identified long term shortfall. Similarly, development of a reservoir would not have sufficient yield to replace the existing contribution from the mainland, would present significant environmental challenges and would take up to 25 years before a new reservoir would become operational.

6.6 It is evident from information available and from the experience of difficulties encountered during the period when one of the existing pipelines was damaged that there is no other viable resource option. Southern Water is required to produce a water resource plan which concludes that the preferred resource option for the Island, which needs to be operational by 2012, is an increase in supply from the mainland and that this increase in water supply through the cross Solent water main is the only feasible option to meet water demand on the Island in both the short and longer term. In order to meet the increased demand in the longer term, Southern Water intends to increase the diameter of the new pipes from 200 mm to 300mm and it is considered that this will involved minimal increase in cost and insignificant environmental impacts.

6.7 A number of options have been considered for the replacement of the cross Solent water main, including use of a single and multiple pipes, and the environmental impacts of these works has been carefully examined. The proposed solution, which is the subject of the current application, involves the provision of twin pipes employing a combination of constructional techniques. Horizontal directional drilling (HDD) would be employed for the section of the pipeline from land to below low water mark, and beyond Gurnard Ledge to avoid disturbance to the international designated conservation sites, involving drill lengths of between 900 and 1100 metres. The central section of the pipelines would be laid on the seabed over a distance of approximately 2,250 metres, using an embedment (pressure jetting) technique which will bury the pipelines to a depth of approximately 1.5 metres. This should ensure a greater degree of protection to the pipelines and avoid anchorage damage from ships, similar to that previously experienced.

6.8 The HDD would involve the need to establish drilling rigs on land, requiring the formation of temporary working areas, including mud handling plant on each shore to deal with the material generated through drilling operations. An additional area may be needed in the short term for pipe stringing. Alternatively, a flexible pipeline could be assembled elsewhere, floated out to sea and pulled back towards the rig site.

6.9 The ES which accompanies the application examines the impacts of this proposal on a number of environmental receptors including flora and fauna, landscape and visual amenity, land use, soil use and geomorphology, water, air quality and climate, noise, cultural and archaeological heritage, traffic and transport, tourism and recreation, human beings and natural resources. The statement considers the severity of the impacts ranging from, no significant impacts, to significant impacts and major beneficial impacts. The statement also provides details of mitigation measures against the various impacts arising from the proposal. The proposal, including the ES, has been considered by a number of statutory consultees and at the time of preparing this report, no adverse comments had been received.

6.10 The area in which this proposal is located on the Isle of Wight is subject to fewer designations than the area surrounding Lepe Country Park on the mainland. The area along the coastline of the Island is particularly sensitive, designated as a Special Area of Conservation for estuarine processes. The ES identifies potential impacts on water quality and the designated site arising from accidental spillages of fuels, oils and other construction materials into the water column of the Solent during the directional drilling of the pipeline. In addition, potential impacts could arise from drilling lubricant, such as Bentonite, being released from the drill break outs or generally escaping into the Solent during the drilling process. In order to minimise the risk of adverse impacts on the designated area, it is intended that the HDD pipeline sections would emerge at a minimum distance of 50 metres beyond the designated conservation site. It is inevitable that a relatively small volume of the drilling lubricant will be discharged at the point of break out, although information contained in the ES indicates that this will be very small in volume and is likely to have only minor adverse impact on water quality and will be rapidly dispersed.

6.11 The Environmental Statement identifies that, during the construction process, any direct physical disturbance caused to shell fish such as clams, oysters and whelks by the jetting activities is likely to have moderate adverse impact and is likely to result in the loss or damage to any shellfish along the route of the pipeline itself. However, it is suggested that, given the small scale and temporary nature of the development itself, this will only affect a very small portion of the overall population within the Solent. Potential changes in turbidity have been modelled and it is considered that any changes would be minimal and unlikely to adversely impact upon shell fisheries within the Solent. The report concludes that the impacts will be restricted to localised changes in suspended sediment on water quality considered to be minor in nature and will have temporary minor adverse impact on the EC shell fish waters. The report does acknowledge that there is a possibility that jetted sediment may result in the smothering of some shell fish and other marine organisms and advises that smothering of an oyster by 5cm of sediment would prevent the flow of water through the oyster that permits respiration, feeding and removal of waste and can ultimately lead to death. Temporary smothering can also lead to permanent stock and site damage. However, it is suggested that the amount of smothering envisaged as a result of the scheme is expected to minimal and the modelling results indicate that the cumulative depths of both drilling lubricant (after 1 week) and released sand sediment (a few days after jetting has ceased) will not exceed 0.1mm.

6.12 Of the potential impacts likely to arise through this proposal, the ES identifies that the most significant impacts will involve noise and vibration during the drilling operations. Whilst in the majority of circumstances, noise and other possible nuisance caused by construction work will be given or little or no weight in the determination of a planning application, given the scale of this operation and the likely significant impact of such activities, it is considered that in this instance, such issues are material to the consideration of the planning application. The ES considers in some detail the noise and vibration levels likely to result from the drilling operations and the affect of these works on nearby properties and the amenities of occupants in the area. The ES provides details of predictions of the noise levels likely to be generated by operations at the closest noise sensitive receptors, i.e. properties in close proximity to the proposed works. The studies have concluded that the changes in ambient noise levels at these properties will result in a severe adverse impact at all of the properties.

6.13 The ES indicates that safeguards will be adopted to minimise the effects of construction noise and that the precise noise mitigation measures to control noise and vibration will be discussed with the Authority in advance of work commencing. Mitigation measures would include agreeing times of working and other measures to be adhered to during the construction period, including traffic movements. In this respect, the information accompanying the submission, and forming part of the ES, indicates that the operations associated with the horizontal directional drilling would be undertaken over a 12 hour working period, 7 am to 7 pm, 7 days a week. It is estimated that the drilling operations will take approximately 10 weeks. By limiting the hours of working, it should be possible to minimise the impact of noise on nearby residents, particularly during unsociable hours. However, it is understood that the operation involving pulling the pipeline ashore will necessitate 24 hour working, although this operation is likely to be completed in around 2 days, subject to a number of factors, including weather/sea conditions. Notwithstanding the implementation of mitigation measures, which would reduce noise levels, it is accepted that there would still be a severe adverse impact at nearby properties.

6.14 With regard to impacts from vibration, the ES states that there is no means of predicting vibration levels within properties due to the variable factors that need to be taken into account, such as soil type and building type. Therefore, it is recommended that if vibration is a nuisance to residents and complaints arise, surveys should be conducted to assess whether vibration is ground borne or air borne and mitigation measures adopted if necessary. From the information contained in the ES it is accepted that vibration from the activities may cause annoyance, although it is unlikely to cause any damage to properties. In this respect, South Water has previously carried out a similar horizontal directional drilling operation at Western Yar River in close proximity to residential properties which did not result in any complaints about vibration from the construction site.

6.15 The majority of plant and equipment will be delivered to the site by road. Clearly the bridge over Gurnard Luck imposes significant constraints on vehicle movements and rules out use of Marsh Road as an approach route to the site, particular for heavy plant and machinery. Therefore, it is intended that vehicles will approach the site of operations from the south along Rew Street. Traffic flow information for Rew Street, obtained from the Authority, for a two week period from 14 to 26 February 2005, indicates that the combined daily north bound and south bound peak flows vary from 09.00 hrs and 12.00 hrs in the morning and between 13.00 hrs and 17.00 hrs in the afternoon. The information reveals that the average combined flows are around 84 vehicles per hour on week day mornings and 96 vehicles per hour on week day afternoons. The figures indicate that traffic flows in the area are light both during the week and at weekends. Based on the traffic count data, it is assumed that there is an average of 400 movements on Rew Street per week. Furthermore, it is estimated that there would be approximately 40 vehicles movements per week associated with the proposed construction works, accounting for only 10% of the overall number of existing vehicle movements. It should also be noted that the traffic flow data is based on surveys carried out during the month of February and it is likely that traffic flows would be greater during the summer months.

6.16 The movement of vehicles to and from the construction site will be controlled from a depot away from the site, possibly the Southern Water depot on Fairlee Road in Newport, in order to prevent too many vehicles arriving at the drill site at any one time. It is intended to provide parking facilities for site personnel within the site compound thereby preventing on-street parking and potential congestion from occurring. By implementing such measures, impacts on road users and local residents can be kept to a minimum.

6.17 The proposal also has potential to cause disturbance to the use of public footpaths in the area and to recreational craft in the Solent. However, the applicant intends to post notices and publicise the operations in order to minimise such impacts.

6.18 Impacts on the landscape are likely to be significant during the construction phase. However, these impacts are temporary in nature and, for the most part, reversible. The permanent elements, namely the flow metre chamber and control kiosk will have minimal impact and, subject to satisfactory restoration of the site, including, where necessary, the replanting of hedgerows, your officers are satisfied that this project will not have significant adverse impact on the landscape character of the area in the long term.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to all material considerations referred to in this report, it is considered that, in the main, the proposal will not have significant long term impacts on the landscape character of the area, local residents and designated sites in this area, particularly the Special Area of Conservation along the coastline. It is recognised that the construction work will have significant adverse impacts on local residents living near the drilling site by reason of noise and general disturbance. However, these impacts are inevitable with a major infrastructure scheme of this type, and although severe, will be relatively short term. There is clearly an identified need for this infrastructure in order to satisfy the Island’s water demands in both the short and long term and I am satisfied that the applicants have examined all possible alternatives for meeting this demand as well as the various options for the provision of the cross Solent water main. Consequently, I consider the importance of this infrastructure is a material consideration in the determination of this application to which significant weight should be attached, thereby outweighing any possible adverse impacts on nearby residents.

8. Recommendation

Conditional permission.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 5 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	All operations associated with the construction of the cross Solent water main shall be carried out in accordance with the methodology specified in the Environmental Statement including implementation of all relevant mitigation measures, unless otherwise agreed in writing with the Local Planning Authority. Reason: To keep to a minimum the impacts associated with the development in the interests of the designated sites and the amenities of the area and nearby residential occupiers and to comply with Strategic Policy S10 (Designated and Defined Areas) and Policies G4 (General Locational Criteria for Development), G10 (Potential Conflict between proposed Development and Existing Surrounding Uses), C1 (Protection of Landscape Character), C2 (Areas of Outstanding Natural Beauty), C8 (Nature Conservation as a Material Consideration), C9 (Sites of International Importance for Nature Conservation) and C10 (Sites of National Importance for Nature Conservation) of the IW Unitary Development Plan.
3	Prior to work commencing on site, full details of the method of disposal of material resulting from the horizontal directional drilling operations shall be submitted for the approval of the Local Planning Authority. Thereafter, disposal of materials shall be carried out in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure that waste material is disposed of in an acceptable manner, in the interest of the amenities and character of the area and to comply with Policies G4 (General Locational Criteria for Development) and C1 (Protection of Landscape Character) of the IW Unitary Development.
4	Prior to work commencing on site, a scheme for the restoration of the site on completion of the installation of the water main and associated infrastructure shall be submitted to and approved by the Local Planning Authority. Such scheme shall include the removal of all structures, equipment and imported material and decontamination of the site where necessary, reinstatement of the access to its original condition and the final contours and seeding of the land. The restoration scheme shall be completed within three months of the completion of installation works or such other timescale as may be agreed in writing with the Local Planning Authority. Reason: In the interests of the amenities and character of the locality and to comply with strategic policy S10 (Designated and Defined areas) and Policies G4 (General Locational Criteria for Development), D1 (Standards of Design), C1 (Protection of Landscape Character) and C2 (Areas of Outstanding Natural Beauty) of the IW Unitary Development Plan.
5	Notwithstanding the information provided in the Environmental Statement, and prior to work commencing on site, a programme for the delivery and removal of plant and machinery to and from the site, removal of waste material and all heavy goods, vehicle movements associated with the operation, including routes and times of movements shall be submitted for the approval of the Local Planning Authority. Thereafter, all vehicle movements shall take place in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority. Reason: To minimise congestion on the highway network and disturbance to residents and to comply with Policies G10 (Potential Conflict Between Proposed Development and Existing Surrounding Development), D1 (Standards of Design) and TR7 (Highway Considerations for New Development) of the IW Unitary Development Plan.
6	Prior to any delivery of plant and machinery to the site, a condition survey of the roads along the routes to be used by heavy goods vehicles, agreed pursuant to Condition 5 shall be undertaken and submitted to the Local Planning Authority together where necessary, of details of surveys of residential properties immediately along the route immediately adjacent the road. Any remedial works required to restore the road to its original condition on completion of the construction works or repairs to properties shall be carried out at the developer’s expense and in accordance with details and a timescale to be agreed with the Local Planning Authority. Reason: To ensure that any damage arising from the movement of heavy goods vehicles associated with the development is rectified and to comply with Policies D1 (Standards of Design), TR7 (Highway Considerations for New Development) and TR8 (The Environmental Impact of New Infrastructure Scheme) of the IW Unitary Development Plan.
7	Any facilities for the storage of fuels and chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the total volume for a single and hydraulically linked tanks. In the case of multiple tankage, the bund capacity shall be 110% of the largest tank or 25% of the total capacity of all tanks, whichever is the greatest. All filling points, vents, gauges and site glasses and overflow pipes shall be located within the bund. There shall be no outlet connecting the bund to any drain, sewer or water course or discharging onto the ground. Associated pipework shall be located above ground where possible and protected from accidental damage. Reason: To prevent pollution of the water environment and to comply with Policies P1 (Pollution and Development) and P2 (Minimise Contamination from Development) of the IW Unitary Development Plan.
8	Prior to work commencing on site, a contingency plan for dealing with pollution control in the event of spillage of fuels or chemicals or other such emergency shall be submitted to and approved by the Local Planning Authority. Any preparatory measures, such as construction of bunds forming part of the contingency plan shall be implemented prior to construction work commencing on site. Reason: To minimise risk of pollution/contamination in the interest of nature conservation and to comply with Policies P1 (Pollution and Development), P2 (Minimise Contamination from Development) and C8 (Nature Conservation as a Material Consideration) of the IW Unitary Development Plan.
9	Prior to work commencing on site, details of all lighting required in connection with operations at the site shall be submitted to and approved by the Local Planning Authority. Thereafter, only such approved lighting shall be erected installed on site unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of the amenities of the area in general and nearby residential occupiers in particular and to comply with Policies G4 (General Locational Criteria for Development), D1 (Standards of Design), D14 (Light Spillage), C1 (Protection of Landscape Character) and C2 (Areas of Outstanding Natural Beauty) of the IW Unitary Development Plan.
10	The top soil to be removed in connection with construction of the working area(s) shall either be used in the formation of any bunds surrounding the area or shall be stored in a positioned to be agreed with the Local Planning Authority for re-use in the restoration of the site. Reason: In the interests of the amenities and character of the locality and to comply with Policies G4 (General Locational Criteria for Development), D1 (Standards of Design), C1 (Protection of Landscape Character) and C2 (Areas of Outstanding Natural Beauty) of the IW Unitary Development Plan.
11	Prior to any work commencing on site, details of security fencing or other means of enclosure to be erected around the working area(s) shall be submitted for the approval of the Local Planning Authority. Thereafter, only such approved fencing or means of enclosure shall be erected around the working areas. Reason: In the interest of the amenities of the area and to comply with Policies G4 (General Locational Criteria for Development), D1 (Standards of Design), C1 (Protection of Landscape Character) and C2 (Areas of Outstanding Natural Beauty) of the IW Unitary Development Plan.
12	With the exception of those operations associated with pulling the pipelines into position, all other construction work associated with the project shall be carried out during the period from 07.00 hrs to 19.00 hrs daily unless otherwise agreed in writing with the Local Planning Authority. Reason: In the interests of the amenities of the area in general and nearby residential occupiers in particular and to comply with Policies G4 (General Locational Criteria for Development), G10 (Potential Conflict Between Proposed Development and Existing Surrounding Uses) and D1 (Standards of Design) of the IW Unitary Development Plan.
13	In the event that excessive vibration is experienced at nearby residential properties during the drilling operation, appropriate vibration surveys shall be carried out and measures implemented to reduce or minimise the effects of such vibrations. Reason: In the interests of the amenities of the nearby residential occupiers and to comply with Policies G10 (Potential Conflict Between Proposed Development and Existing Surrounding Uses) and D1 (Standards of Design) of the IW Unitary Development Plan.
14	Steps, including the installation and use of wheel cleaning facilities in accordance with details to be submitted to and approved in writing by the Local Planning Authority, shall be taken to prevent material being deposited on the highway as a result of any operation on the site. Any deposit of material from the site on the highway shall be removed as soon as practicable by the site operator. Reason: In the interests of highway safety and to prevent mud and dust from getting on the highway and to comply with policies TR7 (Highway Considerations) and M2 (Defined Mineral Working) of the IW Unitary Development Plan.
15	The site layout shall include provision for the parking, loading and unloading of all vehicles associated with the project, including operative's vehicles, in accordance with details to be submitted for the approval of the Local Planning Authority prior to work commencing on site. Thereafter the space shall not be used for any other purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations for New Development) of the IW Unitary Development Plan.
16	With the exception of the section of hedgerow to be removed to widen the access to the working area, all other hedgerows surrounding the site shall be retained and shall be protected during the course of construction work by a barrier of approved specification to be established along a line between the hedgerow and the working area to prevent damage to hedgerows during the course of operations, in accordance with details to be submitted for the approval of the Local Planning Authority prior to work commencing on site. On completion of the work the section of hedgerow removed to widen the access shall be replaced with an appropriate mix of local providence stock, in accordance with details and a time scale which shall form part of the site restoration plan. Reason: In the interest of the amenities and character of the area and to comply with Policies G4 (General Locational Criteria for Development), C1 (Protection of Landscape Character) and C13 (Hedgerows) of the IW Unitary Development Plan.
17	Any hedgerow removal required in connection with the development hereby approved shall be carried out during the period from August to February inclusive and at no other time unless otherwise agreed in writing with the Local Planning Authority. Reason: To avoid disturbance to nesting birds and to comply with Policy C8 (Nature Conservation as a Material Consideration) of the IW Unitary Development Plan.
18	The developer shall afford access at all reasonable times to any archaeologists nominated by the Local Planning Authority and shall allow them to observe all groundwork and to record [items/features] of archaeological significance and finds. Notification of the opening up and information as to whom the archaeologist should contact on site shall be given in writing to the address below (or to any alternative address notified to the developer by the Local Planning Authority) not less than 14 days before the commencement of any work: County Archaeologist County Archaeological Centre 61 Clatterford Road Carisbrooke Newport Isle of Wight PO30 1NZ Reason: In order to ensure access by specified archaeologists during the permitted operations and to comply with policies B9 (Protection of Archaeological Heritage) and B10 (Parks and Gardens and Landscapes of Historic Interest) of the IW Unitary Development Plan.

03

Reference Number: P/02555/04 - TCP/07661/S Parish/Name: Newport - Ward/Name: Parkhurst Registration Date: 06/12/2004 - Full Planning Permission Officer: Mr A White Tel: (01983) 823552 Applicant: Royal Isle of Wight Agricultural Society Continued use of land for sporting & leisure events; variation of condition no.2 on TCP/7661/R to permit the use of the land for caravan rallies, farmers & other markets/auctions Agricultural Showground, Cowes Road, Newport, PO30

Application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This proposal is of Island wide significance. There are also economic regeneration and tourism aspects to this proposal. This application also provides Members with an opportunity to review the use of this site and consider its long term implications and prospects.

1. Details of Application

1.1 This application seeks full permission to continue using the site for sporting and leisure events, as well as for caravan rallies, farmer and other market/auctions. As the exact frequency of these additional events is not yet known, the agent suggests that a temporary consent may be acceptable to clients so that the impact of these additional uses can be monitored.

2. Location and Site Characteristics

2.1 Members will be familiar with the Agricultural Showground which is situated on the eastern side of Cowes Road approximately midway between Parkhurst and Northwood. Site is bounded by the Military Museum to the north and residential development to the south, with open fields directly opposite.

3. Relevant History

3.2 TCP/7661/M/18321 – Use of land for showground and recreational activities for 40 days annually. Approved January 1985 subject to a Legal Agreement which was never signed, and the application was treated as being withdrawn in December 1990.

3.2 TCP/7661/N/MB/1349 – Building to provide offices, stores and toilets and additional use of land for sporting and leisure events. Approved November 1993, although the additional uses were subject to a temporary consent expiring on 31 December 1996.

3.3 TCP/7661/P/IW/2699 – Building to provide toilets, stores and offices approved 27 April 1995.

3.4 TCP/7661/R/P/141596 – Renewal: Continued use of land for sporting and leisure event approved on a temporary basis until 31 December 1999. This limited period permission prevented the site being used for motorcar and motorcycle racing including practising/trials, the use of the land as a caravan site, the holding of a market, clay pigeon shooting, war games and open air musical entertainment.

4. Development Plan Policy

4.l Site is outside of any development envelope boundary as shown on the Isle of Wight Unitary development Plan (UDP). Relevant policies are considered to be as follows:

S4 – The countryside will be protected from inappropriate development

G1 – Development Envelopes for towns and villages

G4 – General Locational Criteria for Development

G5 – Development Outside Defined Settlement

T11 – Special Events or Festival Sites

C1 – Protection of Landscape Character

TR7 – Highway Considerations for New Developments

L1 – Informal Recreation Provision in the Countryside

5. Consultee and Third Party Comments

5.1 Internal Consultees

Highway Engineer confirms that the existing infrequent usage of the site has not resulted in any reported injury or accidents, though that could be the result of the effective marshalling of events rather than the site’s suitability. In terms of future highway improvements, the Highway Engineer confirms that the justification for a right turning facility is set out in a Highway Agency document, but it only really applies to developments that are to be visited on a regular daily basis and not necessarily infrequent uses of this nature. He concludes by saying that if the use is to continue on the existing occasional basis, then events could be conditioned as they are now, i.e. on the basis that appropriate traffic management arrangements are put into place.

5.2 Neighbours

One letter received from a local resident objecting on grounds that traffic queues associated with this site make ingress and egress inconvenient whilst also causing disturbance through traffic noise.

One letter received stating that it is an excellent idea to use the showground for various sports and other events but does express concern regarding caravan rallies (unless short term only) and the inconvenience of using driveway if there are traffic queues along Cowes Road.

6. Evaluation

6.1 The use of this site for showground purposes appears to have existed for about the last 20 years but during this time it would appear that it did not always benefit from a valid planning permission. During this time it has become well established as the home of the Isle of Wight County Show, as well as host to numerous other events which have been controlled through temporary planning consents and conditions preventing certain uses from taking place. The most recent temporary consent has now expired, so the application before Members is to continue using the site for sporting and leisure events including certain uses that have previously been prohibited by conditions. In his submission, the agent specifically refers to caravan rallies, farmers and other markets/auctions, although the frequency of these additional events is not yet known. The main issues for consideration are as follows:

· Principle

· Impact on nearby property occupiers

· Highway considerations

6.2 Policy G5 refers to development outside of defined settlements and states that recreation activities appropriate to the countryside may be permitted. T11 relates to special events and festival sites and states that such uses will be approved subject to numerous caveats including traffic, noise and landscape considerations.

6.3 Application site is well established as a venue for numerous events and is conveniently situated on the main thoroughfare between Newport and Cowes. With this in mind, together with the wording of policy, it is considered that the continued use of site for sporting and leisure events is acceptable in principle. Members will also be aware that the use does not appear to have been the cause of any insuperable planning issues (except perhaps from traffic congestion). In determining this application Members will be mindful of the advice in Circular 11/95 against the continual renewal of temporary permissions except in very specific circumstances.

6.4 In determining the previous planning applications, the Committee felt that temporary and personal consent was appropriate, due to the applicant being unable to specify a period when the ground would not be used, together with the level of vehicular traffic using Cowes Road at this point, the close proximity of the number of residential properties, the fact that the woodland areas to the north east are designated as a Site of Importance for Nature Conservation further and east is a Site of Special Scientific Interest. Restrictions were also imposed preventing the use of the land for motor car and motor cycle racing including trials and practicing for events, the use of land as a caravan site, the holding of a market, clay pigeon shooting, “war games” and open air musical entertainment. As Members will recall from an unrelated application considered several meetings ago, Circular 11/95 advises against the use of personal conditions other than to a person or an individual. Your officers will therefore not be advising that this practice continue, in respect of the site.

6.5 The Highway Engineer is not aware of any problems arising since the previous temporary consents were granted, but suspects that this is the result of effective marshalling of events and the resultant speed reduction through congestion rather than the site’s inherent suitability. The preferable long term solution would be to provide a joint access with the Military Museum to the north, which would incorporate road widening and a right turn lane but this could not reasonably be justified given the current infrequency of events coupled with the traffic management arrangements that have historically been put in place.

6.6 However, if Members are minded to grant permission, this is the time to consider the longer term. If Members are satisfied that there are no sustainable planning grounds to withhold permission based on the current level and range of previously permitted uses, it is suggested that this application should be granted without time limit. This in effect establishes a baseline but if there is concern about the impact of the proposed additional uses sought these could be the subject of a time limited condition. It is suggested that this might be for an initial period of two years during which time the traffic implications associated with the additional events will be monitored. Members are also advised to consider improvements to the existing access by improving visibility in a southerly direction and this can also be controlled by way of conditions. A condition relating to the frequency of events should also be imposed as a response to the points made by the Highway Engineer. Members will appreciate that the use of the site for caravan rallies, farmers markets, etc is likely to lead to the more frequent use of the access by larger vehicles or vehicles with trailers.

6.7 In terms of impact on nearby property occupiers, the events specified by the agent are the least noisy of those prohibited by previous conditions. It is not considered that occasional caravan rallies, farmers and other markets/auctions would be particularly intrusive, probably no more so than long established events such as the County Show and the annual circus. Nevertheless now is the time to give consideration to some environmental enhancements to ameliorate some of the perceived intrusiveness of the uses into the amenity of nearby residential premises. Because of the uncertainty surrounding the frequency of events, it is suggested that a condition be imposed stating that no more than four of each specified events (caravan rally, farmers market/auction and other market/auction), should take place during the calendar year. With respect to duration, it is suggested that no caravan rally (which will be defined as per the Caravan Club’s handbook) should last more than five days including setting up and dismantling and that the other activities be restricted to three days each. Farmers markets/auctions will be defined as markets/auctions principally selling agricultural produce/home grown or locally produced foodstuffs, whilst to preclude the use of the site for a general market or car boot sale the retailing or exchanging of household items such as furniture, bric-a-brac or other non-comestibles will be prohibited.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to all material considerations outlined in this report, Members are advised that use of this site to host the type of events specified is unlikely to have a significant impact on highway safety or the amenities of nearby property occupiers subject to appropriate conditions. Accordingly, proposal is consistent with the requirements of policies set out in the UDP.

8. Recommendation

This application is recommended for Conditional Permission.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 5 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	Notwithstanding the above condition, this permission shall be for a limited period expiring on 31 December 2007 on or before which date the use of the land for caravan rallies (as defined in the Caravan Club's handbook) and farmers' markets/auctions (which shall be defined as markets/auctions principally selling agricultural produce/home grown or locally produced foodstuffs) shall be discontinued permanently and the site shall be restored to its former condition unless the prior consent of the Local Planning Authority has been obtained for a further period of the use. The use of the site for caravan rallies shall not take place on more than 4 occasions in any calendar year and the use for the farmers' markets/auctions shall not take place on more than 4 occasions in any calendar year. Reason: To enable the Local Planning Authority to monitor the highway implications of the approved uses and the impact on nearby property occupiers and to comply with Policies G4 (General Locational Criteria for Development, D1 (Standards of Design) and TR7 (Highway Considerations for New Development) of the IW Unitary Development Plan.
3	Use of the land for a caravan rally shall not exceed 5 days on any one occasion including setting up and dismantling and for a farmers market/auction shall not exceed 3 days on any one occasion including setting up and dismantling and after each such event the land shall be permanently cleared and left in a clean and tidy state. Reason: In the interest of the amenities of the area in general and nearby property occupiers in particular and to comply with Policies G4 (General Locational Criteria of Development) and D1 (Standards of Design) of the IW Unitary Development Plan.
4	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order), this permission shall not authorise the use of the land for motor car or motor cycle racing including trials and practicing for events, clay pigeon shooting, 'war games' and open air musical entertainment without the prior written consent of the Local Planning Authority. Neither shall the site be used as a general market or for car boot sales or for the sale of household goods such as furniture, bric-a-brac or other non-comestibles. Reason: In the interest of the amenities of the area in general and nearby property occupiers in particular and to comply with Policies G4 (General Locational Criteria of Development) and D1 (Standards of Design) of the IW Unitary Development Plan.
5	During the period of the temporary uses permitted by Condition 2, the site operators shall maintain a detailed schedule of events taking place on the site which shall be submitted as part of the application for the renewal of that permission on or before 31 December 2007. Reason: To enable the Local Planning Authority to monitor the highway implications of the approved uses and the impact on nearby property occupiers and to comply with Policies G4 (General Locational Criteria for Development, D1 (Standards of Design) and TR7 (Highway Considerations for New Development) of the IW Unitary Development Plan.
6	The use of the land for sporting and leisure events, including caravan rallies, farmer and other markets/auctions, shall not take place within the area highlighted yellow on the plan attached to and forming part of this decision notice unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of the amenities of privacy of property occupiers and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
7	The events hereby permitted shall not take place until details of a sight lines to be provided in a southerly direction at the junction between the access of the site and the highway have been submitted to and approved in writing by the Local Planning Authority and the development shall not be occupied until those sight lines have been provided in accordance with the approved details. Nothing that may cause an obstruction to visibility shall at any time be placed or be permitted to remain within the visibility splay shown in the approved sight lines. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
8	Notwithstanding Condition 7, within 3 months of the date of this permission the access gate at the north west corner of the site shall be permanently set back into the site and a hard surfaced permanent roadway constructed in accordance with a scheme to be submitted to and agreed in writing by the Local Planning Authority. Furthermore the boundary hedge/fence between this site and the Military Museum to the north shall be removed westward from the newly repositioned gate, and thereafter no structure or vegetation greater than 600mm high shall be permitted along this section of the boundary. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

04

Reference Number: P/01497/05 - TCP/16676/K Parish/Name: Godshill - Ward/Name: Wroxall and Godshill Registration Date: 02/08/2005 - Full Planning Permission Officer: Mr P Stack Tel: (01983) 823552 Applicant: Mr T Greatorex Demolition of garage block; erection of single storey building to form shop (revised scheme) land adjacent and rear of, Godshill Post Office, High Street, Godshill, Ventnor, PO38

Application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The Local Member, Councillor J Wood, has requested that this application is considered by Committee on the grounds that the proposal represents over development in the area, a view repeated by the Parish Council.

1. Details of Application

1.1 Full permission is sought for the construction of an L shaped single storey building to accommodate retail unit.

2. Location and Site Characteristics

2.1 The irregular shaped land parcel is situated to rear (east) of Post Office and Walnut Cottage with existing vehicular access onto High Street on inside corner of sharp bend in highway. Site presently comprises double garage, car port and shared forecourt area with access to High Street.

2.2 Application site is located to rear of principle properties fronting High Street with proposed new building tight to northern and eastern boundaries of site.

3. Relevant History

3.3 P/02238/04 – TCP/16676/J – Demolition of garage block; erection of single storey building to form shop was refused consent in March 2005. Reason for refusal related to proposal representing intrusive development, out of scale and character with prevailing pattern of development having adverse consequences for both surrounding residential occupiers and general locality which is designated conservation area. This decision has not been appealed.

4. Development Plan Policy

4.l National Policy Guidance PPG4 – Industrial and Commercial Development and Small Firms’ provides guidance on how authorities can help small firms through planning system and to encourage economic development which is compatible with environmental objectives.

4.2 Unitary Development Plan Policy – following policies are considered relevant to consideration of proposal:

· S1 – New Development will be Concentrated within Existing Urban Areas

· S2 – Development will be Encouraged on Previously Developed Land.

· S5 – Proposal for Development which on balance will be for overall benefit of island by enhancing economic, social and environmental position will be approved provided any adverse impacts can be ameliorated.

· S6 – All Development will be Expected to be of a High Standard of Design.

· G1 – Development Envelopes for Towns and Villages

· G4- General Locational Criteria for Development

· D1- Standards of Design

· B6 – Protection and Enhancement of Conservation Areas.

· B7 – Demolition of Non-Listed Buildings in Conservation Areas

· E1 – Promote Suitably Located New Employment Uses.

· T1 – Promotion of Tourism

· D2 – Tourist Related Development

· TR7 – Highway Considerations for New Development

· R2 – New Retail Development

5. Consultee and Third Party Comments

5.1 Internal Consultees

Highway Engineer advises that there are no revisions from previous application that adversely affect highway issues and requests that conditions that were recommended on previous application are repeated.

In respect of previous submission it was advised that whilst existing access serving proposed development is substandard in terms of visibility this is an existing access with existing traffic generation. Access currently serves a car port associated with adjacent shop domestic garage, commercial garage and an informal parking area for Walnut Cottage that can accommodate 3 vehicles. Proposal indicates removal of commercial and domestic garages and formalisation of two spaces therefore whilst it is appreciated that proposed shop would generate traffic associated with deliveries this would not indicate a significant increase in movements to enable this department to recommend refusal in terms of substandard visibility or traffic generation.

Consideration has also been given to issue of loading and unloading and whilst it is evident that a formalised loading bay is not shown it is accepted that this practice will either carry on within the parking bays opposite the site or within the access road serving the site. The department is not in a position to justify a refusal on this issue alone.

AONB Officer raises no objection.

Conservation and Design comment that the scheme is probably acceptable.

5.2 External Consultees

Environment Agency raises no objection.

5.3 Town or Parish Council

Parish Council raise similar concerns as with previous application as proposal is considered to represent over development of site. They also have issues over increased traffic which already causes problem on this corner site outside Post Office with vehicles parking on the pavement.

5.4 Neighbours

None received.

6. Evaluation

6.1 Following recent refusal, negotiations have taken place with officers of this Authority seeking overcome previous reasons for refusal.

6.2 Revised proposal seeks to incorporate building which offers more interest in terms of design and architectural treatment on site which is located to rear of main road frontage development. Whilst in the main, development fronts the High Street relative position of proposed building to rear should not be dismissed on this issue alone.

6.3 Main planning considerations are whether or not proposal overcomes previous planning objections to development of this site and principally whether proposal adversely impacts on character and appearance of Conservation Area and surrounding residents, highway issues and relevant policy considerations.

6.4 Proposal in seek to provide small retail unit (35 square metres) is considered to represent appropriate land use within confines of village centre providing the opportunity to enhance commercial activity within village whilst providing potential to increase tourist interest.

6.5 Looking at merits of scheme and design, this has been improved on previous refusal incorporating more appropriately scaled and designed shop unit and on which the Conservation and Design Team Leader considers proposal is broadly acceptable.

6.6 In land use terms there is no objection to the principle of development of additional retail unit in this location housed within building of appropriate design. Indeed proposal will help provide small enclosed forecourt of interest for visitors.

6.7 Whilst proposal involves removal of existing Walnut tree, Tree Consultant’s Report submitted with application advises that proximity of existing garage block has direct contact with tree and its roots causing direct damage. Tree is fairly young and has potential to greatly increase in size which will result in increased direct damage to garage and tree itself. It is likely that the tree will be felled if site is not developed in order to avoid further damage.

6.8 Applicant is willing to plant replacement Walnut tree which can be conditioned accordingly.

6.9 With regards to highway issues, proposal does not alter existing access onto High Street and indeed will be likely to result in potentially less traffic movement given removal of double garage from site. Therefore no objection on highway grounds can be sustained particularly given the fact that recent refusal did not refer directly to any such issue.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to all material considerations outlined in this report it is considered that proposal represent appropriate development of brown field site within village location whilst increase in tourist interests in respect of village itself. Furthermore proposal is considered appropriate in terms of design, scale and mass providing small courtyard with seated area and therefore proposal is seen as protecting appearance and character of conservation area.

8. Recommendation

This application is recommended for Condition Permission.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 5 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	No development shall take place until details of the materials and finishes to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	The building hereby permitted shall not be occupied until space has been laid out within the site and in accordance with drawing number 04/189/04 dated 2 August 2005 for two cars to be parked in association with the use of Walnut Cottage and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
4	The area identified as "car turning area" on drawing 04/189/04, dated August 2005 shall at all times be kept clear of all obstructions, including retail displays, parked vehicles, external storage or deposition of goods, waste, parking or other materials unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the vehicles parked on site may safely manoeuvre and enter/exit the site in a forward gear in the interests of highway safety on this substandard access from the High Street and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
5	Prior to the shop use hereby permitted being brought into use details in respect of the replacement tree shown on the approved plan shall be submitted to and approved by the Local Planning Authority in writing. Such an agreed re-planting scheme shall be carried out within the first available planting season following occupation of the retail unit hereby approved. Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved design and to comply with Policy D3 (Landscaping) of the IW Unitary Development Plan.
6	No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include hard surfacing materials; minor artefacts and structures (eg. furniture, play equipment, refuse or other storage units, signs, lighting, etc); retained historic landscape features and proposals for restoration, where relevant. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
7	The doors and window frames of the building shall be constructed of timber and shall be painted and thereafter maintained to match those of the existing building. Reason: To protect the character and appearance of the existing building and to comply with policies B1 to B8 (Listed Buildings and Conservation Areas) of the IW Unitary Development Plan.
8	The Walnut tree shall not be cut down until a replacement tree of a size and species approved in writing by the Local Planning Authority has been planted at a location approved in writing by the Local Planning Authority. Reason: To conserve and safeguard the visual amenity of the locality and to comply with policy C12 (Development Affecting Trees and Woodland) of the IW Unitary Development Plan.
9	The development hereby permitted shall only be used for a Class A1 shop as defined in the Town and Country Planning (Use Classes) Order 1987 (as amended) and for no other purposes whatsoever. Furthermore, it shall not be used for the sale of any consumable or comestible food or drink products unless otherwise agreed in writing. Reason: In the interests of the amenity of neighbouring residential dwellings and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
10	No building hereby permitted shall be occupied] until space has been laid out within the site and in accordance with drawing number 04/189/02 dated 2 August 2005 for one cars to be parked in association with the use of Walnut Cottage and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

05

Reference Number: P/01524/05 - TCP/25930/B Parish/Name: Bembridge - Ward/Name: Bembridge South Registration Date: 08/08/2005 - Reserved Matters Officer: Mr A White Tel: (01983) 823552 Applicant: Mr & Mrs D A Betteridge Dwellinghouse & garage/store (aorm) land at, Howgate Nursery, Howgate Road, Bembridge, PO355UT

Application is recommended for Conditional Permission.

REASON FOR COMMITTEE CONSIDERATION

The Local Member, Councillor W J McRobert, is concerned with the orientation and proximity of the proposed dwelling to the north western boundary resulting in loss of light to adjoining properties.

1. Details of Application

1.1 This application seeks the approval of matters that were reserved under an earlier outline permission, namely external appearance, siting, design and landscaping. The principle of the development of this site has therefore been established and is not open to debate.

1.2 Detailed drawings indicate that proposed dwelling would take the form of a chalet bungalow, originally shown to be 4 metres from north western boundary but revised plans confirm this as being 6 metres. Footprint would measure 12.2 metres by 10.8 metres. Proposed dwelling would comprise of kitchen/diner, lounge, utility and study on the ground floor with two en-suite bedrooms within the roof space. Elevations show a large central dormer with balcony on the south east elevation with two smaller dormer either side. Plans as first submitted indicated a two storey element on the north west elevation offering a ground floor porch with bathroom over. Revised plans have since been lodged which show a large dormer similar to that on the opposite elevation, but far less bulkier than the two storey element originally shown.

1.3 Plans also make provision for a detached double garage of timber construction.

2. Location and Site Characteristics

2.1 Application site is directly behind numbers 32 and 34 Howgate Road, with a 40 metre long narrow access track between numbers 34 and 38. Site is rectangular in shape, measures 30 metres by 23 metres and is currently used as a landscape contractors depot. Applicant also owns a parcel of land on the south eastern side of the application site and this currently contains a number of dilapidated greenhouses which have become overrun by uncontrolled vegetation.

2.2 Immediate area comprises of mixed residential development arranged primarily in a linear fashion with frontage onto Howgate Road. There are a variety of properties in terms of age, type, style and materials and to the rear of properties on the south eastern side of Howgate Road are open fields that extend to a public right of way running along the coastal cliffs and slopes.

3. Relevant History

3.1 P/02038/03 – TCP/25930 – Outline for dwelling refused 9 December 2003 on grounds of undesirable arrangement of dwellings.

3.2 P/01629/04 – TCP/25930/A – Demolition of nursery buildings; outline for dwelling (revised scheme) approved 27 April 2005.

4. Development Plan Policy

4.l PPS1 (Delivering Sustainable Development) stresses the need for good design to ensure that spaces and places are attractive, useable and durable for people. Designs which are inappropriate in their context and/or failing to improve the character and quality of an area should not be accepted. Good design should:

· Be integrated into the existing urban form and natural built environment.

· Optimise the potential for site to accommodate development.

· Respond to local context and create and enforce local distinctiveness.

· Be visually attractive as a result of good architecture and appropriate landscaping.

4.2 In terms of local plan policies, site is within the development envelope as identified on the Bembridge inset map of the Unitary Development Plan (UDP), whilst also falling within the Area of Outstanding Natural Beauty (AONB). Relevant policies are as follows:

· S1 – New development will be concentrated within existing urban areas

· S6 – All development will be expected to be of a high standard of design

· G1 – Development envelopes for towns and villages

· G4 – General locational criteria for development

· D1 – Standards of design

· D2 – Standards for development within the site

· C2 – AONBs

· H4 – Unallocated residential development to be restricted to defined settlements

· H5 – Infill development

· TR7 – Highway considerations for new development

· TR16 – Parking policies and guidelines

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Highway Engineer requests that the conditions imposed on the outline consent are repeated in respect of the reserved matters.

· AONB Officer confirms no objection.

5.2 Parish Council Comments

· Bembridge Parish Council recommend refusal on grounds that the site is outside of the development envelope for the village and it would, if approved, create development of dwellings in tandem and would set an unwelcome precedent for future applications in this sensitive area.

5.3 Neighbours

Two letters received from neighbouring property occupiers who object on the following grounds:

· Retention of invasive leylandii hedge.

· Proposed roof would be overpowering.

· Further reduce already limited sunlight.

· Overlooking.

6. Evaluation

6.1 Having regard to the recent grant of outline permission and that the application under consideration seeks approval of the reserved matters, Members are advised that the principle of this development cannot be questioned. And even if it could, it is clearly within the village envelope, contrary to the assertion of the Parish Council. It is only the ‘blue lined’ part which is outside the envelope and hence does not form part of this application, or the outline application.

6.2 The determining factors in this instance relate to the impact of the proposed chalet bungalow on the amenities of neighbouring property occupiers and on the character and appearance of the surrounding area in general. In order to make this assessment it is necessary to consider issues relating to siting, scale, mass and design.

6.3 In terms of the potential impact on neighbouring properties, the relationship of greatest concern is between the proposed dwelling and numbers 32 and 34 Howgate Road. Proposed dwelling would be situated directly to the rear of said properties with the dividing boundary being formed by a 3.4 metre high leylandii hedge. Plans as first submitted indicated that the proposed chalet bungalow would run parallel with and set a distance of 4 metres from the common boundary with back to back distance of some 20 metres. Revised plans have since been submitted which show the proposed dwelling to be moved a further 2 metres from the common boundary giving overall separation of 22 metres between buildings. Also there is only one first floor window in this elevation and that illuminates a bathroom. This distance is considered to be acceptable, particularly when bearing in mind the chalet style of the proposed dwelling coupled with the height of the intervening boundary.

6.4 Whilst objectors mention loss of light as a concern, this is unlikely to be significant owing to the physical separation of buildings and height of the proposed chalet bungalow, but would in any event be restricted to morning light as proposed dwelling is situated south east of the objectors properties. Similarly, the proposed dwelling would not appear overbearing given acceptable back to back distance, although it is acknowledged that the proposed roof would be seen extending above the hedge line. Members are reminded that interference with view is not a material consideration.

6.5 Overall scale and height is not untypical of a chalet bungalow, and the design and external appearance would not deviate from the domestic character of this mixed residential area.

6.6 Whilst recognising that the site is within an AONB, the proposed dwelling would be viewed in context with surrounding properties and would not be situated in such a manner as to compromise the landscape character of the AONB. This is also seen as an opportunity of improving the appearance of adjoining land which is occupied by overgrown and dilapidated greenhouses.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to all material considerations referred to in this report, it is considered that the siting, design and external appearance would not have a significant impact upon neighbouring property occupiers or on the character and appearance of the surrounding area in general. Accordingly, proposal complies with policies contained in the UDP.

8. Recommendation

Conditional Permission.

Conditions/Reasons:

1	Before the expiration of 5 years from the date of the outline permission, or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved, whichever is the later. Reason: To comply with Section 92 of the Town and Country Planning Act 1990.
2	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order, with or without modification), no Velux windows or dormer windows (other than those expressly authorised by this permission) shall be constructed within the roofspace of the dwelling hereby approved unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of the amenities and privacy of neighbouring property occupiers and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
3	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no development within Classes A to E of Part 1 of Schedule 2 to that Order shall be carried out [other than that expressly authorised by this permission]. Reason: So that the Local Planning Authority can assess the design implications of any future extensions and in the interests of the amenities and privacies of neighbouring property occupiers and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
4	No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority. These works shall be carried out as approved prior to occupation of any of the units hereby approved or in accordance with a timetable to be agreed in writing by the Local Planning Authority. Such scheme shall specify the position and species and size of any trees and shrubs to be planted along with timing of such planting and shall include the provision for their maintenance during the first 5 years from the date of planting. Such landscape works shall also be related to the requirements of condition 6 on the outline permission under reference TCP/25930/A - P/01629/04. Reason: To ensure the appearance of the development is satisfactory and to comply with Policy D1 (Standards of Design) and D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
5	The first floor bathroom window in the north western elevation shall be fitted with obscure glass with a glass panel which has been rendered obscure as part of its manufacturing process to Pilkington glass classification 5 (or equivalent of glass supplied by alternative manufacturer) and shall be retained to this specification as obscure glazed thereafter. Reason: In the interests of the amenities and privacy of neighbouring property occupiers and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
6	The domestic curtilage associated with the dwelling hereby approved shall be restricted to the area outlined red on the plan attached to and forming part of this decision notice unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of the amenities of the area and to comply with policies D1 (Standards of Design), C1 (Protection of Landscape Character) and C2 (Areas of Outstanding Natural Beauty) of the Isle of Wight Unitary Development Plan.

06

Reference Number: P/01610/05 - TCP/27105/A Parish/Name: Freshwater - Ward/Name: Freshwater Afton Registration Date: 24/08/2005 - Full Planning Permission Officer: Mr A Pegram Tel: (01983) 823552 Applicant: Mr Harris Conversion of 'Whitecliffe' into three flats; outline for block of three flats with parking and alterations to vehicular access (revised scheme) land adjacent and including, Whitecliffe House, Victoria Road, Freshwater, PO40

Application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The Local Member, Councillor Mrs G Kennett, has requested that this application is considered by the Committee for the following reasons:

· Proposal represents overdevelopment of the site.

· Impact on the surrounding buildings.

· Inappropriate for area.

1. Details of Application

1.1 This is an outline application with all matters reserved for subsequent approval. It does, however, include fully detailed illustrative drawings indicating how the site might be developed. There are two elements to the scheme: one would change the internal layout of an existing 5 flat building, scheme for 3 flats, one on each floor, whilst the other element is for a new block of 3 flats, also on 3 floors. The illustrative sketches show how parking and alterations to vehicular access on adjacent site, currently forming part of cartilage to the existing property, Whitecliffe House, can be achieved.

1.2 Existing building is three storeys in height and is currently arranged as five flats. The conversion would form 3 No. 2 bedroom flats, one on each floor. The flats at ground and first floor would provide accommodation comprising lounge, dining room, kitchen, two bedrooms and bathroom whilst flat at second floor level would provide accommodation comprising lounge, kitchen/diner, two bedrooms and bathroom. This conversion involves internal alterations only.

1.3 The second element of the application seeks outline consent for a block of three flats with parking and alterations to vehicular access. All matters are reserved for subsequent approval. However the application was accompanied by illustrative plans which show a three storey building, of similar proportions to Whitecliffe, containing three flats, one on each floor, providing accommodation comprising lounge, dining room/study, kitchen, two bedrooms and bathroom. Plan also shows alterations to vehicular access and layout within site for six parking spaces, three for flats created by conversion of Whitecliffe and three for new build flats. In addition, space is provided for bicycles and bin store.

2. Location and Site Characteristics

2.1 Application relates to substantial three storey building and adjacent land located on western side of Victoria Road approximately 65 metres north of its junction with Bedbury Lane. Building currently provides accommodation arranged as five flats, one on ground floor and two on each of first and second floors.

2.2 Area of land immediately to north of and within curtilage of building is used for amenity area and informal parking for residents of the existing flats. Existing pedestrian access is located immediately in front of building with vehicular access in north eastern corner of site immediately adjacent boundary with property to north, Tower House.

2.3 Area is characterised by a mix of building types and styles. Whitecliffe itself is a substantial three storey double fronted Victorian building with bay windows to ground and first floors whilst property to north, Tower House, provides accommodation on two storeys with three storey tower element. Building immediately to rear of and attached to Whitecliffe is a two storey cottage style property accessed over private driveway off Bedbury Lane, with no direct access to Victoria Road.

3. Relevant History

3.1 P/00935/05 – TCP/27105 – Application for conversion of property into pair of semi-detached houses and outline for block of five flats was submitted to the Local Planning Authority in May 2005. It was considered that conversion of existing building to form a pair of semi-detached houses would result in insufficient amenity space for the resultant dwellings and construction of block of five flats on adjacent land would represent overdevelopment, to detriment of area in general and neighbouring residential properties in particular. Therefore, following discussions with the applicant’s agent, the application was withdrawn.

4. Development Plan Policy

4.l PPG3 (Housing) highlights the role of the planning system to ensure that new homes are provided in the right place and at the right time, whether through new development or the conversion of existing buildings. It identifies the aim as provision of a choice of sites which are both suitable and available for house building. The guidance note also highlights the need to maximise the reuse of previously developed land and empty properties and the conversion of non-residential buildings for housing, in order to both promote regeneration and minimise the amount of greenfield land being taken for development. In accordance with the advice in the guidance note, developments within urban areas should make efficient use of land, providing for more intensive housing development in and around existing centres and close to public transport nodes. At the same time, proposals should promote improved quality of development which in their design, layout and allocation of space create a sense of community.

4.2 Site falls within classification of a brownfield site, i.e. previously developed, and is located within the development envelope as defined on the Isle of Wight Unitary Development Plan. Relevant policies are considered to be as follows:

· S1 – New development will be concentrated within existing urban areas

· S2 – Development will be encouraged on land which has been previously developed (brownfield sites) rather then undeveloped (greenfield) sites.

· S6 – All development will be expected to be of a high standard of design.

· S7 – There is a need to provide for the development of at least 8000 housing units over the plan period. While a large proportion of this development will occur on sites with existing allocations or planning approvals, or on currently unidentified sites, enough new land will be allocated to enable this target to be met and to provide a range of choice and affordability.

· G1 – Development envelopes for towns and villages.

· G4 – General locational criteria for development.

· D1 – Standards of design.

· D2 – Standards for development within the site.

· H4 –Unallocated residential developments to be restricted to defined settlements.

· H5 – Infill developments

· TR7 – Highway considerations for new development.

· TR16 – Parking policies and guidelines.

5. Consultee and Third Party Comments

5.1 Internal Consultees

Highway Engineer recommends conditions should application be approved.

5.2 External Consultees

None received.

5.3 Town or Parish Council Comments

Freshwater Parish Council raise no objection.

5.4 Neighbours

Application has attracted letter from owner/occupier of the adjacent property (Tulgey Wood) objecting to the proposal. In addition, an e-mail and on-line comments have been received from relatives writing on behalf of the owner/occupier of Tulgey Wood. Comments can be summarised as follows:

· Loss of light to habitable rooms.

· In violation of Isle of Wight Residential Infill Supplementary Planning Guidance.

· Loss of privacy.

· Traffic generation and inadequacy of parking.

· Development is not in keeping with surrounding buildings and area.

· Submitted plans contain insufficient details.

· Submission contains inadequate, misleading and incorrect information.

6. Evaluation

6.1 Given the classification of this site as a brownfield site and its location within the development envelope, residential development of the site, involving conversion of the existing property and construction of a new building is considered to be acceptable in principle. Therefore, the determining factors in considering this application are considered to be as follows:

· Whether development of site as proposed represents overdevelopment.

· Whether proposal is appropriate in terms of number of units and type of accommodation to be provided.

· Impact on area in general and amenities of neighbouring residential occupiers.

· Issues relating to traffic generation and parking.

There can be no sustainable planning objection to not permit the internal alterations to the existing building which would reduce the number of flats from 5 to 3.

6.2 The area is characterised by a mix of dwelling types and styles, including some quite substantial buildings, including the property, the subject of this application, which provides accommodation on three floors. The area of land immediately to the north of Whitecliffe presents an obvious infill opportunity, subject to any proposed development being of appropriate size, scale and design and not resulting in an excessive or adverse impact on the character of the area or amenities of neighbouring residential occupiers. In this respect, it should be noted that the application, insofar as it relates to the new build element, seeks outline consent only with all matters reserved for subsequent approval. Consequently, whilst applicant’s agent has chosen to submit plans for illustrative purposes, relevant matters for the consideration of this application not the details contained on these plans but whether it has been adequately demonstrated that the site could accommodate a building of this scale providing three flats.

6.3 Provision of three flats in a new building on this site would clearly necessitate provision of accommodation on three floors. However, given the variety in the type and styles of buildings in this locality, particularly the properties either side of the site; it is considered that a three storey structure would not be out of keeping or detract from the amenities of the locality. The illustrative plans which accompany the submission show a building which is not dissimilar in proportions to Whitecliffe and also picks up on some of the design features of that building. Because of these illustrative plans, the applicant’s it has been demonstrated that a three storey building would not look out of place in the street scene.

6.4 Concern has been expressed that the proposal will result in an adverse impact on neighbouring properties, both in terms of loss of light and loss of privacy, and that the proposal does not comply with the Council’s adopted Supplementary Planning Guidance on infill development. Whilst there are several windows in the side elevation of the objector’s property, it should be noted that the proposed new build development will be located on the north side of this dwelling and it is not considered that proposal would result in significant loss of light to the neighbouring property so as to justify refusal of planning permission. Any loss of light could be minimised by requiring elevations of the proposed building to be finished in render painted white, thereby reflecting daylight and sunlight.

6.5 The objectors have also made reference to the dimensions specified in the Council’s Supplementary Planning Guidance on infill development and express view that the proposal does not comply with these guidelines. In this respect the advice within the SPG is clear that minimum standards for size of gardens are not being prescribed, although sufficient space should be provided to accommodate various domestic and leisure activities, provide adequate levels of privacy and ensure that a satisfactory appearance to the overall development is achieved. Satisfying the specified distances is considered to be particularly important where development would result in windows to main habitable rooms facing each other but these distances can be reduced where no windows are present in the elevation of the building. In this respect, the submitted plans would indicate that it is not intended to provide windows to main habitable rooms in the north and south elevations, facing the neighbouring properties. However, it should be noted that these plans are submitted for illustrative purposes only. This matter would clearly require further consideration on the submission of an application for approval of reserved matters or detailed consent. The submitted plans indicate that a minimum of distance of 5 metres would be maintained between the building and the rear boundary of the site. The area of land immediately to the rear of the site is garden area to adjoining properties, although there is no building to the rear facing the site. Therefore, this distance is adequate and although windows are shown in the rear elevation of the building these, for the most part, serve bedroom accommodation.

6.6 Submitted plans indicate that the access would be repositioned from the north eastern corner of the site to a point closer to the centre of the frontage accessing a shared driveway and turning area with a total of six parking spaces, one for each of the flats to be provided through the conversion of Whitecliffe and those to be provided in the new build element. Highway Engineer was initially concerned that submitted plans contained insufficient information in respect of visibility splays at proposed access. However, following submission of revised plans, he is satisfied that acceptable access and parking can be accommodated within the site and recommends conditions should the application be approved. Therefore, these do not give rise to grounds for refusal based on access and parking.

6.7 Objectors have made reference to the information provided in this submission which they do not consider to be adequate and also made observations regarding the design of the proposal. The submitted plans contain full details of the existing and possible proposed floor plans for Whitecliffe and your offices are therefore satisfied that overall, adequate, information has been submitted to consider this proposal. In terms of the comments in respect of the design, Members are reminded that, insofar as the proposal relates to the new build element, the plans are submitted for illustrative purposes only.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to all material considerations referred to in this report, it is considered that conversion of the existing property to three flats and development of site with an additional building as proposed is acceptable in principle. In particular, the applicant’s agent has adequately demonstrated that the site could accommodate a new building providing three flats without detracting from the amenities of the area in general of those of neighbouring residential occupiers in particular. In addition safe access to the site can be achieved and adequate parking provided for the number of units proposed.

8. Recommendation

Conditional Permission.

Conditions/Reasons:

1	The development hereby permitted, insofar as it relates to the construction of a new block of three flats, shall be begun either before the expiration of 5 years from the date of this permission, or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved, whichever is the later. Reason: To comply with Section 92 of the Town and Country Planning Act 1990.
2	Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this permission. Reason: To comply with Section 92 of the Town and Country Planning Act 1990.
3	Approval of the details of the siting, design and external appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. Reason: In order to secure a satisfactory development and be in accordance with policies S6 (Standards of Design), D1 (Standards of Design), D2 (Standards of Development Within the Site), D3 (Landscaping), TR7 (Highway Consideration for New Development) of the IW Unitary Development Plan.
4	The development hereby permitted, insofar as it relates to the conversion of Whitecliffe into three flats, shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
5	Work shall not commence on the conversion of Whitecliffe until such time that an application for approval of reserved matters or full planning permission has been approved by the Local Planning Authority. Thereafter, the conversion of Whitecliffe and construction of new block shall be carried out simultaneously. No flat within the new building shall be occupied until the work on the conversion of Whitecliffe has been substantially completed. Reason: To ensure that the development of this site results in a total of 6 flats with adequate parking facilities and to comply with Policies D1 (Standards of Design) and TR16 (Parking Policies and Guidelines) of the Isle of Wight Unitary Development Plan.
6	The development shall not be occupied until sight lines have been provided in accordance with the visibility splay shown on the approved plan drawing number 03-05.7 Revision 1.29. Nothing that may cause an obstruction to visibility shall at any time be placed or be permitted to remain within that visibility splay. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
7	No flat hereby permitted shall be occupied until space has been laid out within the site and drained and surfaced in accordance with details that have been submitted to and approved by the Local Planning Authority in writing for 6 cars and 6 bicycles to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
8	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the buildings hereby permitted are occupied. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
9	Prior to occupation of the flats hereby approved, the vehicle access to the site shall be repositioned and laid out in accordance with the approved plans and the existing access shall be permanently closed in accordance with details to be submitted to and approved by the Local Planning Authority. The boundary treatment to the remainder of the frontage, either side of the approved access shall not exceed a height of 500 mm above road level. Reason: To ensure adequate access to the site in the interest of highway safety and to comply with Policies D1 (Standards of Design) and TR7 (Highway Considerations for New Development) of the Isle of Wight Unitary Development Plan.

07

Reference Number: P/01751/05 - TCP/06956/K Parish/Name: Freshwater - Ward/Name: Freshwater Afton Registration Date: 09/09/2005 - Full Planning Permission Officer: Miss S Wilkinson Tel: (01983) 823552 Applicant: Ms J Jones & Mr T O'Brien Demolition of garage & lean-to; construction of detached dwelling and formation of vehicular access land adjacent, Fenneys, Blackbridge Road, Freshwater, PO40 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

Local Member, Councillor Mrs Kennett has requested the application be determined by Committee for the following reasons:

· Concerns regarding vehicular access which comes out adjacent pubic footpath.

· Limited amount of space allocated to parking may result in cars reversing onto footpath causing a hazard.

· There is sufficient frontage onto Blackbridge Road to provide access, no need for the formation of the new vehicular access.

Cllr Mrs Kennett also encloses the comments of the Parish Council.

1. Details of Application

1.1 This is a full application.

1.2 Proposal comprises the demolition of a garage and lean to glasshouse and construction of detached singe storey dwelling and formation of vehicular access.

1.3 The proposed dwelling adopts an innovative and contemporary design and comprises a number of individual elements. The main accommodation for the dwelling would be provided within two single storey structures roughly ‘H’ shaped located in the north eastern corner of the site. Each of the blocks would be rectangular in shape running parallel to one another at a distance of approximately 1.2 metres with a glass link providing access between the two blocks. One block would provide accommodation comprising kitchen and living room with the other providing one bedroom, dressing room with bath, shower and w.c. Plans show a detached block, again single storey and rectangular in shape, located at southern end of the site providing studio, which can also be used a second bedroom, with shower room/wc. The buildings would be clad in weather boarding finished in grey and block with large areas of glazing, particularly to the living room block and studio block. Plans show that gardens would be quite extensively landscaped to include a pond running diagonally through site, glasshouse and paths connecting the various elements of the proposal. Parking for one car would be provided in north eastern corner of site, accessed by the adjacent footpath, which also provides vehicular access to a neighbouring property.

1.4 Submission was accompanied by document detailing methods of drainage for surface water and foul sewage. Document indicates that majority of site would be covered with a porous surface finish and that site is underlain by gravels and majority of site will continue to drain naturally. The only hard areas from which surface water would be collected are roofs. Roof run off will either be discharged into the fern gully or into the pond. Design adopted for the proposal will ensure rain water is sufficiently diffused and that building fabric is adequately protected. The water gardens would collect and re-circulate rain water and any overflow would be dispersed to soak away. With regard to foul sewage, two methods have been considered. The preferred option would be to process foul drainage through a bio-bubble system, incorporating a tank and sophisticated control unit which treated foul sewage producing a clean output with good water quality. Alternatively, foul sewage would be discharged to the public sewer, either directly or via the connection to the neighbouring property, Blackbridge Cottage (subject to property owners consent).

2. Location and Site Characteristics

2.1 The site lies on the south east side of Blackbridge Road approximately 280 metres to the west of the junction with Afton Road. The site is within an Area of Outstanding Natural Beauty and close to a Site of Special Scientific Interest and local Nature Reserve.

2.2 The site at present has a single storey garage with conservatory lean to accessed from a very dangerous opening that requires vehicles to reverse into Blackbridge Road itself. The land surround the garage is currently a small orchard.

3. Relevant History

3.1 TCP/6956/E – An application was refused in November 2001 for outline for a dwelling. Reasons for refusal related to the site being outside the development envelope and being within a flood plain. A subsequent appeal to the Planning Inspectorate was dismissed by the appointed inspector. However, the Inspectorate deemed that the site that although outside the development envelope would be classed as infill development as it constituted a gap within a group of houses. The issue with regards to flooding was upheld as no flood risk assessment was submitted with the application.

3.2 TCP/06956/F – Outline for a dwelling was approved in June 2003 following the submission of a Flood Risk Assessment overcoming the outstanding reason for refusal on the previous application.

3.3 TCP/06956/G – An application was refused in December 2003 for demolition of garage and outline for two bungalows. The application was refused on the grounds of unacceptable intensification of residential development in the form of ribbon development. An appeal was lodged against the refusal of this application but was subsequently withdrawn.

3.4 TCP/06956/H – An application was refused in February 2004 for demolition of garage and outline for a pair of semi-detached bungalows. The application was refused on the grounds of intensification of residential development prejudicial to the rural character of the area.

3.5 TCP/06956/J – An application for a detached dwelling was submitted to this authority in August 2005 and was subsequently withdrawn.

4. Development Plan Policy

4.l Planning Policy Guidance Notes 3 - Housing

4.2 Site is located outside the development envelope of the Unitary Development Plan and is within an Area of Outstanding Natural Beauty. Relevant policies of the plan are considered to be as follows:

· S1 – New development will be concentrated within existing urban areas

· S4 – The countryside will be protected from inappropriate development

· S6 – All Development will be Expected to be of a High Standard of Design

· S7 – Housing Provision on the Isle of Wight

· S10 – Protection of Designated Areas

· G1 – Development Envelopes for Towns and Villages

· G4 – General Locational Criteria

· G5 – Development Outside Defined Settlements

· D1 – Standards of Design

· D2 – Standards of Design within the Site

· D4 – Landscaping

· H4 – Unallocated Residential Development

· H9 – Outside Development Boundary

· C1 – Protection of Landscape Character

· C2 – Areas of Outstanding Natural Beauty

· C10 – Sites of National Importance for Nature Conservation

· C11 – Sites of Local Importance to Nature Conservation

· TR7 – Highway Considerations for New Development

· TR16 – Parking Policies and Guidelines

· TR17 – Public Rights of Way

· P1 – Pollution and Development

4.3 In determining this application consideration has been given to the adopted Supplementary Planning Guidance on infill development.

5. Consultee and Third Party Comments

5.1 Internal Consultees

· The Highway Engineer recommends conditional approval.

· Public Rights of Way confirm they agree with the Highway Engineers recommendation.

.

5.2 External Consultees

· English Nature have no objections

5.3 Town or Parish Council

· Freshwater Parish Council objects to the application on the grounds of the effect of the proposal on the character and appearance of the area. Siting, scale, design and materials of the development compared with the existing buildings.

5.4 Neighbours

· Eleven letters have been received from local residents objecting on grounds which can be summarised as follows:

o The site is outside the designated development envelope and development would ‘box in’ Willow Cottage to the rear.

o The site is located within a flood plain

o Traffic generation

o Sewerage

o The site is adjacent Afton Marsh Nature Reserve

o Adequate housing stock already exists in Freshwater

o Demolition of garage would be detrimental to Fenneys

o Vehicular access is close to a blind corner and narrow bridge

o Local infrastructure and public transport is inadequate to sustain further residential development

o Vehicles would access the site over a public footpath

o Design could lead to separation of the modules

· One letter of support was received, contents of which can be summarised as follows:

o Imaginative and innovative design

o Low elevation would not detract from tranquil and green nature setting

o Care has been taken to make new building and garden un-obtrusive and in keeping with the surroundings

6. Evaluation

6.1 Determining factors in considering this application are:

· Compliance with Unitary Development Plan Policies

· Highway safety issues

· Impact of the proposal on the character of the area

6.2 Although the site is located outside the development envelope of Freshwater, previous outline consent has been approved on the basis that development of this site was deemed to be acceptable infill development and as such the principle of development has already been established and is not a matter for consideration. Therefore it is considered that proposal is compliant with Policy H9 (Outside Development Boundaries).

6.3 The proposal has been carefully designed with the garden design and landscaping dictating the built form in order that the building elements themselves are not visible from outside the site and being single storey will not create any overlooking or over dominant impact on this neighbouring property in compliance with Policy D1 (Standards of Design) and D2 (Standards of Development with the Site).

6.4 Concerns have been expressed in regards to the site being within the flood plain and possible flooding implications of the development. Although site was previously shown to be within a flood plain, revised maps have been published by the Environment Agency and the site is not shown to be within the flood zone for the river Yar and as such no flood risk assessment of the proposal would be necessary. However, the applicant did submit an assessment in order to overcome any concern that may arise from the development which has been examined in relation to criteria set by the Environment Agency and is considered acceptable. The concerns raised in regards to flooding are also linked to issues of appropriate sewerage systems as the applicant proposes two possible options. These will be conditioned accordingly so that the most appropriate system is implemented on site and will be further dealt with when considered an application for Building Regulations approval. .

6.5 A number of concerns have been raised in regards to the use of the footpath to access the site. However, Section 34 (2) of the Road Traffic Act 1988 allows the use of a footpath for a distance of 15 yards from the road by a motor vehicle for the purpose of parking. As such the applicant is legally entitled to enter the site with a vehicle along the footpath and as such this could not form the basis of a sustainable reason for refusal. Measures have been taken to ensure that the footpath will only be used for the accessing of a parking area for one vehicle, this will also allow a vehicle to enter Blackbridge Road in a forward gear, with the stopping up of the existing substandard access to the site in which vehicles are required to reverse, thus representing a highway gain. The proposal is designed as a one bedroomed unit and as such one parking space is in full compliance with policy.

6.6 The proposed development has been designed as a “Garden House” as such the buildings on the site are designed to support the plant life and represent the natural form dictating the built form promoting an inter play between the built and the natural environment. The use of simple design buildings provides a backdrop for planting in order to provide, from the outside of the site what appears as a natural space and not built form. The weathered timber elevations and plant screens represent discreet low lying structures which allow those passing the site to see the garden growing and the site evolving with time. The buildings within the design play a secondary role to the planting which will be the predominant visual focus of the development and the main concept behind the scheme. In this regard the site will have a positive impact on the Afton Marsh Nature Reserve encouraging additional wild animals and plant life, having a lesser impact than a traditional bungalow on the site and area.

6.7 Comments raised in regards to the effect of the proposal for the demolition of the garage on Fenneys are irrelevant as the site is no longer part of that residential property. Fenneys have retained an independent access and adequate parking facilities.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to all material considerations referred to in this report, I am satisfied that the proposal for development of a dwelling with an innovative and contemporary design is acceptable and overcomes site constraints and reduces the appearance of built form on the plot. This is considered to be an effective way of furthering the outline consent for development on this site without having excessive or unacceptable impact on the environment, neighbouring properties or detracting from the visual amenities and character of the locality. In view of the above the proposal does not conflict with policies contained within the Isle of Wight Unitary Development Plan.

8. Recommendation

Application is recommend for Conditional Permission.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 5 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	No development shall take place until a full application of the materials and finishes to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	No dwelling hereby permitted shall be occupied until space has been laid out within the site and drained and surfaced in accordance with details that have been submitted to and approved by the Local Planning Authority in writing for 1 car to be parked and for vehicles to turn so that they may enter and leave the footpath in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
4	No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include [proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (eg. furniture, play equipment, refuse or other storage units, signs, lighting, etc); proposed and existing functional services above and below ground (eg. drainage power, communications cables, pipelines, etc, indicating lines, manholes, supports, etc); retained historic landscape features and proposals for restoration, where relevant]. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
5	All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Reason: In the interests of the amenities and character of the area and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
6	Any area of the site which has been incorporated in a landscape scheme or on which landscape works have been carried out in accordance with this permission shall not thereafter be used for any purpose other than as a landscaped area. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
7	The three block buildings that comprise the dwelling shall be retained as one unit and shall not be sold off or sub leased separately. Reason: The individual buildings are not considered to be of adequate size and in a suitable location to be occupied separately and would not comply with Policy D1 (Standards of Design) or H9 (Residential Development Outside Development Boundaries) of the IW Unitary Development Plan.
8	No development approved by this permission shall be commenced until a scheme for the provision and implementation of foul drainage works has been approved by and implemented to the reasonable satisfaction of the Local Planning Authority. In the event that foul is disposed of the existing system, a detailed scheme, including calculations and capacity studies, shall be submitted to and approved in writing with the Local Planning Authority. Any such agreed foul water disposal system shall indicate connections at points on the system where adequate capacity exists, including any reasonable repairs which may be required, or shall provide for attenuation measures to ensure any additional flows do not cause flooding or overload the existing system. The dwelling shall not be occupied until such system has been completed in accordance with the approved details. Reason: To ensure an adequate system of foul drainage is provided for the development and to minimise the risk of pollution and to comply with Policies P1 (Pollution and Development) and U11 (Infrastructure and Services Provision) of the Isle of Wight Unitary Development Plan.
9	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no development within Classes A to E of Part 1 of Schedule 2 to that Order shall be carried out [other than that expressly authorised by this permission]. Reason: To enable the Local Planning Authority to consider the effect of alterations/extensions on the design consent of the development and the amenities of the area and to comply with Policies G4 (General Locational Criteria for Development), D1 (Standards of Design) and D2 (Standards for Development Within the Site) of the Isle of Wight Unitary Development Plan.
10	Prior to occupation of the dwelling hereby approved, the existing vehicular access from Blackbridge Road shall be permanently closed in accordance with details to be submitted for the approval of the Local Planning Authority. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

08

Reference Number: P/01822/05 - TCP/10169/G Parish/Name: Newport - Ward/Name: Parkhurst Registration Date: 20/09/2005 - Full Planning Permission Officer: Mr A White Tel: (01983) 823552 Applicant: Redstone Properties Ltd Demolition of garage block; terrace of four houses land rear of, 33 and 35 Albany Road and fronting, Catherine Terrace, Newport, PO30 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

Called-in by Local Member, Councillor Garry Price, as previous identical application proved contentious owing to the level of local opposition and the finely balanced issues at hand, particularly in respect of zero parking provision. This is a minor application.

1. Details of Application

1.1 Full planning permission is sought to demolish a block of seven garages and to build a terrace of four houses. Three of the houses would be set approximately 1.8 metres back from Catherine Terrace, whilst the fourth dwelling to be situated on the corner with Banner Lane would be set back by some 2.5 metres. Submitted drawings show that each dwelling would have two bedrooms and a relatively small garden measuring some 3 metres in length. Eaves and ridgelines are stepped to reflect the sloping nature of the site. Elevations show that the development would be well articulated with materials comprising of red bricks with buff brick features under a grey tiled roof.

2. Location and Site Characteristics

2.1 The application site is located on the corner of Catherine Terrace and Banner Lane, approximately 20 metres northeast of its junction with Albany Road. Site currently comprises of a concrete apron accessed off Catherine Terrace with a block of seven garages immediately behind. Site is roughly rectangular in shape measuring 21 metres wide and 13 metres deep. Site slopes away in a north easterly direction.

2.2 The immediate area is characterised by tight knit residential development comprising mainly of traditional terraces and semi-detached houses.

3. Relevant History

3.1 TCP/10169/E – Outline for bungalow and garage refused January 1990 on grounds that the proposal would result in overdevelopment, an undesirable arrangement of dwellings, have insufficient amenity space as well as leading to the loss of off-street parking facilities.

3.2 P/01680/03 – TCP/10169/F – Demolition of garage block; terrace of four houses refused contrary to officer recommendation on 13 May 2004. Reasons for refusal can be summarised as follows:

· Overdevelopment of the site, which in turn would result in a cramped appearance and create conditions likely to give rise to overlooking, loss of outlook and be of an overbearing nature to the detriment of the amenities of neighbouring properties and prospective occupants of the proposed units, as well as being out of character with the prevailing pattern of development in the surrounding area.

· Inadequate parking provision which, when combined with the loss of existing parking facilities, would place increased pressure on ‘on street’ parking, further exacerbating difficulties in relation to manoeuvring, access and congestion, due to the inadequacy of the local road network, which would interrupt the free flow of traffic and thereby add to the hazards of road users.

3.3 The applicant did not appeal this decision to refuse planning permission.

4. Development Plan Policy

4.l PPG3 (Housing) encourages efficient use of land in urban areas by promoting higher densities whilst also stressing the need for good design in new housing development in order to create attractive, high quality living environments where people will choose to live. Furthermore, its states that car parking standards for housing have become increasingly demanding and have been applied too rigidly, often as minimum standards. Developers should not be required to provide more parking than they or potential occupiers might want, nor to provide off street parking when there is no need, particularly urban areas where public transport is available or where there is a demand for car free housing. Parking policies should be framed with good design in mind, recognising that car ownership goes with income, age, household type and the type of housing and its chosen location.

PPG13 (Transport) stresses the need to reduce car dependence by facilitating more walking and cycling, by improving linkages with public transport, local services and local amenities. Local Planning Authorities shall examine critically the standards they apply to new development, particularly with regard to roads, layout and car parking, to avoid the profligate use of land.

4.2 Site is situated within the development envelope for Newport as identified on the Isle of Wight Unitary Development Plan (UDP). Relevant policies are as follows:

· S1 – New development will be concentrated within existing urban areas

· S6 – All development will be expected to be of a high standard of design

· G1 – Development envelopes for towns and villages

· G4 – General locational criteria for development

· D1 – Standards of design

· D2 – Standards for development within the site

· H4 – Unallocated residential development to be restricted to defined settlements

· H5 – Infill development

· H6 – High density residential development

· TR7 – Highway considerations for new development

· TR16 – Parking policies and guidelines

· U11 – Infrastructure and services provision

4.3 Reference is also made to the Housing Needs Survey which identifies, among other needs, a demand for smaller two and three bedroom homes.

4.4 The site is located within Parking Zone 2 of the UDP where parking provision is 0 – 50% of the non-operational requirement applies.

5. Consultee and Third Party Comments

5.1 Internal Consultees

Highway Engineer maintains the view he expressed in respect of the earlier application, that he could not sustain a reason for refusal on parking grounds bearing in mind the location of the site and the policy objective of reducing reliance on the motor car. He does state, however, that the pavement as originally proposed should be deleted as an isolated stretch of footway is not acceptable from a highway safety point of view. The agent has confirmed the deletion of such through the submission of a revised plan.

5.2 External Consultees

Southern Water confirm that the point and details of the proposed connection to the public sewer will require their formal approval. There are no public surface water sewers in the vicinity of this site. It would be preferred if no surface water were discharged to the public foul/combined sewer as this could increase the risk of flooding to downstream properties. There are no sewer incidents recorded on the public sewer in the vicinity of this site.

5.3 Neighbours

Previous identical application generated a considerable amount of local opposition which, at the time of writing this report, had not been repeated other than one letter from a nearby resident who objects as follows:

· Loss of privacy as proposed houses would have unrestricted view of objector’s garden.

· Increase in number of vehicles since most recent refusal.

· Traffic hazard.

· Question drainage capacity.

Any further comments or objections that are lodged will be reported in the schedule of late representations.

6. Evaluation

6.1 The site is within the development envelope for Newport and, for the purposes of PPG3, is considered to be a brownfield site. The principle of redeveloping this site for residential purposes is therefore acceptable. The main issues for consideration are as follows:

· Density

· Design, scale and mass

· Impact on adjoining properties

· Parking

· Drainage

6.2 In terms off density, this is a brownfield site situated in a dense and tight knit residential area within walking distance of bus routes and Newport town centre. The proposal before Members does offer a higher density but in the opinion of Officers, not excessively so when considering the character of the surrounding area. This is an opportunity of making efficient use of this brownfield site whilst also providing the type of accommodation identified as required in the Housing Needs Survey. The proposed layout is relatively simple, but very much accords with the prevailing pattern of development where terraced houses with limited front gardens predominate.

6.3 Members will note that permission was refused for a single dwelling in 1990 on grounds of overdevelopment. Moreover, permission was refused by the Development Control Committee contrary to Officers recommendation in 2004 on similar grounds. Officers contend that circumstances have changed significantly since 1990 following revisions to PPG3 in 2000 which encourages more efficient use of land and hence greater intensity of development, particularly at places with good transport accessibility such a town centres or nodes along good quality public transport corridors. This is also echoed in Policy H6 of the UDP. Accordingly, Members are advised to not attach any weight to the 1990 decision. In respect of the more recent decision, Members will attach such weight as they consider appropriate given that a refusal will need to be substantiated of taken to appeal. The density, although high numerically (140 to the hectare) is not out of keeping in spatial terms owing to the prevailing pattern and density of local development. It is also worthy of note that a comparable terrace of four houses fronting Catherine Terrace equates to some 125 dwellings to the hectare.

6.4 The proposed development is shown to be well articulated taking account of the fall of the site whilst also creating an interesting front elevation. It has also been partially staggered to help turn the corner with Catherine Terrace and Banner Lane. Each dwelling would have a small front garden offering a transition between the highway and the front wall of the proposed development. Whist not necessarily replicating the long established houses in the area, it is considered that the standard and simple design as shown would sit comfortably on this site without compromising the visual amenities of the area. Details of materials can be agreed through a suitable condition should Members be minded to grant permission.

6.5 The proposed houses are shown to have small rear gardens with first floor rear facing windows that may have the potential of looking into neighbouring gardens. However, this is a tight knit residential area where a degree of overlooking already takes place. Bearing this factor in mind and considering that the windows in question would serve bedrooms and bathrooms, it is felt that the privacy of neighbouring properties would not be significantly compromised by this development. Similarly, having regard to the established pattern of development, change in ground levels and the position of the proposed houses relative the path of the sun, it is felt that loss of light to adjoining properties would not be significant.

6.6 Local residents have expressed concern in respect of highway safety, the loss of seven garages which are all occupied for parking and the fact that the proposed development would not be provided with off-street parking. It is claimed that approval of this application would result in many additional vehicles attempting to park on nearby streets where parking is already congested. The Highway Engineer recommends conditional permission and is therefore satisfied that the proposal would not compromise highway safety. Whilst he did previously comment that the loss of off street parking is regretful, he does not regard this as a justifiable reason for refusal when considering both the national and local policies in respect of parking provision. The site is within Zone 2 of the parking guidelines and is situated in close proximity to bus routes and Newport town centre. Approval of this development with no parking provision would accord with the objective of securing sustainable residential environments, and in particular national and local policies which seek to reduce reliance on the private car. Whilst sympathising with residents who currently use the garages to be demolished, Officers maintain the view that a refusal based on loss of parking could not be substantiated given current policy and the fact that refusing this application would not guarantee availability of these garages for residents in the long term.

6.7 In terms of drainage, the point and details of the proposed connection to the public sewer will require the formal approval of Southern Water. Southern Water confirm that there are no reported incidents on the line of the public sewer in the vicinity of the application site, therefore suggesting that capacity does exist for additional foul sewage. However, a condition requiring submission of a detailed scheme, including calculations and capacity studies, to ensure that a satisfactory point of connection to the system can be made. It is also suggested that the condition encompasses surface water disposal, although it should be noted that water run-off may actually reduce as a result of this development as part of this site, mainly the enclosed rear gardens, would become permeable. Bearing in mind the requirements of the suggested condition, there is no reason to reject this application on drainage grounds.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to all material considerations outlined in this report, it is considered that the proposal would make efficient use of this brownfield site without impacting significantly on neighbouring properties or the character of the area in general, whilst according with national and local policies which seek to reduce reliance on the private car Concerns regarding drainage can be adequately dealt with through a condition. Proposal is therefore considered acceptable and compliant with policies contained within the UDP.

8. Recommendation

Conditional Permission.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 5 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	No development shall take place until samples of materials and finishes to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the dwellings hereby permitted are occupied. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
4	No development shall take place until a detailed scheme, including calculations and capacity studies, have been submitted to and agreed in writing with the Local Planning Authority indicating the means of foul and surface water disposal. Any such agreed foul and surface water disposal system shall indicate connections at points on the system where adequate capacity exists or shall provide for attenuation measures to ensure any additional flows do not cause flooding or overload the existing system. No dwelling shall be occupied until such agreed systems have been completed. Reason: To ensure an adequate system of drainage is provided for the development in compliance with Policy U11 (Infrastructure and Services Provision) of the Isle of Wight Unitary Development Plan.
5	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no development within Classes A, B, C, D and E of Part 1 of Schedule 2 to that Order shall be carried out [other than that expressly authorised by this permission]. Reason: In the interests of the amenities of the area in general and neighbouring properties in particular and to comply with Policy D1 (Standards of Design)of the IW Unitary Development Plan.
6	All material excavated as a result of general ground works including site levelling, installation of services or the digging of foundations, together with material and debris from the demolition of the existing garages, shall not be disposed of within the area identified in red on the submitted plans. The material shall be removed from the site within a timetable to be agreed in writing with the Local Planning Authority before work commences. Reason: In the interests of the amenities of the area in general and adjoining residential property in particular and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
7	The first floor bathroom windows in the rear elevation shall be fitted with obscure glass with a glass panel which has been rendered obscure as part of its manufacturing process to Pilkington glass classification 5 (or equivalent of glass supplied by alternative manufacturer) and shall be retained to this specification as obscure glazed thereafter. Reason: In the interests of the amenities and privacy of neighbouring property occupiers and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

09

Reference Number: P/01876/05 - TCP/04000/F Parish/Name: Totland - Ward/Name: Totland Registration Date: 26/09/2005 - Full Planning Permission Officer: Mr A Pegram Tel: (01983) 823552 Applicant: Morton Estates Residential development of eight dwellings with garages/parking; formation of vehicular access (revised scheme) land rear of, 11C-17 The Avenue, Totland Bay, PO39 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The Local Member, Councillor Cameron, has requested that this application is considered by the Development Control Committee as he is concerned about parking, traffic generation and likely impact on flow of traffic in The Avenue.

A decision at this Committee will mean that the application would have been determined within the 8 weeks statutory consultation period.

1. Details of Application

1.1 Full planning permission is sought for residential development of eight dwellings with garages/parking and formation of vehicular access.

1.2 Vehicular access to the development would be formed off Fairfield Way with a pedestrian only link from the development to The Avenue over a narrow strip of land running between numbers 17 and 19 The Avenue. Lighting would be provided along the footpath link and barriers placed at either end to prevent vehicular access from the Avenue.

1.3 The proposal involves the provision of a mix of housing types comprising a semi-detached pair of split level dwellings, two detached houses, one detached bungalow with garaging under and three link detached dwellings. The dwellings would provide a mix of two, three and four bedroom accommodation. Each dwelling would have at least two parking spaces, including garages or car ports. Submitted details indicate that construction of dwellings would utilise a mix of brick and render to the elevations all under concrete tile or slate roofing.

2. Location and Site Characteristics

2.1 Application relates to irregular shaped site located to rear of properties fronting The Avenue and Princes Road. Site has two access points, one off Fairfield Way and one off The Avenue, the latter also providing access to rear garden of 21 The Avenue over a single track unmade drive.

2.2 The site falls in northerly direction, quite steeply from southern boundary, shallowing out across northern half of site. Site is surrounded on all sides by residential property and is enclosed for most part by newly erected close boarded fence with a height of approximately 1.8 metres and some natural growth. Properties to north and west are long established detached and semi-detached properties whilst to south and west are more modern properties on Fairfield Way development.

2.3 At time of dealing with application for outline consent for residential development, site was overgrown. Site has subsequent been cleared retaining the larger and more prominent trees. These include an oak tree adjacent the northern boundary of the site, an oak tree adjacent the western boundary and several trees adjacent the access to the site from The Avenue. The Councils Tree Officer has visited the site and considered the trees adjacent the access to be worthy of retention and these, along with a tree which overhangs the site, situated in the garden of a property in Fairfield Way, have now been made the subject of a Tree Preservation Order.

3. Relevant History

3.1 P/01851/02 – TCP/04000/C – Outline for residential development for five bungalows with new access road off Fairfield Way and pedestrian access off the Avenue refused, December 2002.

3.2 P/02405/03 – TCP/04000/D – Outline for residential development of five bungalows with new access road off Fairfield Way and pedestrian access off the Avenue (revised scheme) conditionally approved in July 2004.

3.3 P/01250/05 – TCP/04000/E – Application seeking full planning permission for residential development of 9 dwellings with garages/parking and formation of vehicular access was refused in September 2005. The reasons for refusal can be summarised as follows:

· Overdevelopment of site at excessive density

· Position of one of the dwellings would be likely to cause significant physical damage to a protected tree

· Provision of parking in a manner which was considered to be hazardous to other highway users

· Insufficient information in respect of street furniture, lighting and catchment of surface water run-off

4. Development Plan Policy

4.1 PPG3 (Housing) highlights the role of the planning system to ensure that new homes are provided in the right place and at the right time, whether through new development or the conversion of existing buildings. It identifies the aim as provision of a choice of sites which are both suitable and available for house building. In accordance with the advice in the guidance note, development within urban areas should make efficient use of land, providing for more intensive housing development in and around existing centres and close to public transport nodes. At the same time, proposals should promote improved quality of development which in their design, layout and allocation of space creates a sense of community.

In order to achieve these aims, local planning authorities should avoid the inefficient use of land. The guidance note highlights the fact that development which makes inefficient use of land is less likely to sustain local services or public transport, ultimately adding to social exclusions. Therefore, local planning authorities are advised to encourage housing development which makes more efficient use of land, typically involving densities of between 30 and 50 dwellings per hectare.

4.2 Site is located within the development envelope as defined on the Isle of Wight Unitary Development Plan. Relevant policies of the plan are considered to be as follows:

· S1 – New development will be concentrated within existing urban areas.

· S6 – All development will be expected to be of a high standard of design.

· G1 – Development Envelopes for Towns and Villages

· G4 – General Locational Criteria for Development

· D1 – Standards of Design

· D2 – Standards for Development Within the Site

· D10 – Street Furniture

· H4 – Unallocated Residential Development to be Restricted to Defined Settlements

· TR6 – Cycling and Walking

· TR7 – Highway Consideration for New Development

· TR16 – Parking Policies and Guidelines

5. Consultee and Third Party Comments

5.1 Internal Consultees

Highway Engineer recommends conditions should application be approved.

The Architectural Liaison (Crime and Disorder) Officer advises that the key principles for residential site layout are as follows:

· Limit the provision of pedestrian routes across the development to those that are essential

· Pedestrian routes should be overlooked

· Provide a buffer zone between pedestrian routes and ground floor windows

· Lighting in all residential areas should be located on pedestrian as well as vehicular routes and on other areas where security and safety are of significance

· Urban footpaths should be limited in number

· Essential footpaths should be wide and well lit

· Avoid locating footpaths along rear property boundaries

· Design for people on foot

· Avoid hidden corners

· 1.8 metre walls/fences protecting rear gardens

· 1800 mm width footpath

· Localised lighting to provide illumination at head height

· 2000 mm – 3000 mm safe distance from footpath to any large shrubs that may provide cover

He comments that in an ideal world, there should not be a footpath but if one is to be included, it should be designed to prevent access by vehicles and for the sole use of pedestrians. Therefore, as long as reasonable conditions are imposed for pedestrian only use, no objection is raised in principle.

5.2 Town and Parish Council Comments

Totland Parish Council object to application on grounds that they consider the proposal represents over development of the site and prefer the original plan for five dwellings. In addition, they express concern regarding heavy traffic in the area.

5.3 Neighbours

One letter received from local resident objecting to the application on grounds which can be summarised as follows:

· Too much infill building taking place in the West Wight to detriment of the village character of Totland and Freshwater

· Insufficient infrastructure – particularly transport system

· Employment opportunities predominantly within Newport and provision of additional houses in West Wight will increase traffic flows on road system giving rise to greater noise and pollution

· Increased traffic generated by the development will create additional hazard to highway users

6. Evaluation

6.1 Given that site is located within the development envelope and benefits from an extant outline consent for housing, development of site for residential purposes is acceptable in principle. Therefore, the determining factors in considering the current application are as follows:

· Density and layout of development

· Design of the proposed dwellings

· Impact on protected trees

· Impact on character of area

· Impact on amenities of neighbouring properties

· Traffic generation and parking

6.2 The outline consent involved development comprising five bungalows at a density of approximately 19 dwellings to the hectare. Development of the site with two storey dwellings reduces the footprint of each building and potentially facilitates development of site at a higher density, subject to proposals not having an excessive or unacceptable impact on the surrounding area and neighbouring properties. In the case of the current proposal, the development would result in a density of approximately 31 dwellings to the hectare, at the lower end of the minimum density range of 30 to 50 dwellings to the hectare recommended in PPG3.

6.3 Although current proposal involves a higher density of development to that previously approved, adequate parking facilities and amenity space will be provided for future occupants. Although this scheme includes two storey dwellings, windows at first floor level in rear elevation generally serve bedroom or bathroom accommodation hence the proposal will not result in an unacceptable level of over looking or loss of privacy to neighbouring properties. In particular, properties fronting The Avenue and Princes Road for the most part benefit from long rear gardens ensuring that satisfactory distances are maintained between buildings.

6.4 The site is located in an area characterised by a mix of dwelling types and styles comprising longer established buildings fronting The Avenue and Princes Road and more modern properties on Fairfield Way. However, the development will be read more in context with the Fairfield Way development, from which principal access would be achieved. The development itself incorporates a mix of dwelling types which are considered to be compatible with the surroundings and would create an interesting and attractive environment for future occupants. Submitted plans indicate that proposed dwellings would be finished in a mix of material finishes. In order to ensure that development is finished to a high standard, a condition requiring submission of samples prior to work commencing on site, should Members be minded to approve the application is recommended.

6.5 Following refusal of previous application, discussions have taken place between the applicant’s agent and the Council’s Tree Officer regarding the impact of development on protected trees within the site. In particular, previous scheme was considered to be unacceptable as the dwelling to be situated adjacent the western boundary of the site was located too close to and within the crown spread of a protected Oak tree which stands in the garden of a property fronting Fairfield Way. On current application, the footprint of this dwelling has been reduced in size and the building repositioned within the plot to ensure that there is no encroachment into the crown spread of the tree and a distance of six metres would be maintained between the trunk and the building. The Tree Officer is now satisfied that proposal will not have an unacceptable impact on the health and stability of this tree.

6.6 Other protected trees which could potentially be affected by this proposal are located close to The Avenue, adjacent the area of land over which it is intended to provide a footpath. Potential impact on these trees will arise from installation of services and the surface treatment of the footpath. It is understood that the developer has commenced work on installing services to the site and that this work has been carried out under the guidance of the Council’s Tree Officer in order to minimise the impact on the adjacent trees. With regard to the surface treatment to the footpath, this aspect can be adequately controlled by a condition of planning permission should Members be minded to approve the application.

6.7 Prior to the submission of the current application, discussions took place between the applicant, his agent and the Council’s Highway engineer in order to address the concerns raised in respect of the previous submission. These discussions have resulted in the omission of the parking spaces at the entrance to the site from Fairfield Way and the provision of additional information in respect of catchment of the surface water run off from the road and the provision of street furniture, including lighting and appropriate pedestrian guard railing on the footpath in order to prevent vehicle access from The Avenue. Consequently, the applicant has adequately addressed the concerns raised by the Highway Engineer in respect of the previous submission.

6.8 Concern has previously been raised regarding adequacy of drainage in the area to cater for this development. This matter was examined in detail when dealing with the application for outline planning permission, In this respect, foul drainage would be disposed of to the foul system which runs along the Avenue and, following discussions with the Council’s Drainage Engineer, it has been resolved that surface water can be discharged to the highway surface water drainage system, subject to flows being attenuated to a maximum of 7 litres per second per hectare.

6.9 The proposed footpath to be provided within this proposal provides a convenient pedestrian link between the development and The Avenue, within easy walking distance of the shops and other facilities. This will also benefit the existing residents on Fairfield Way, improving pedestrian links to the town and is entirely consistent with UDP Policy TR6 which encourages provision of such facilities. The footpath would be lit by new street lights and overlooked by the existing properties fronting The Avenue and the dwellings on the development. Therefore, I am satisfied that the concerns raised by the Architectural Liaison Officer can be adequately addressed.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to all material considerations referred to in this report, the proposal represents an acceptable form of development, at an appropriate density for this location. The proposal will not have excessive or adverse impact on the character of the area and amenities of neighbouring property and that traffic likely to be generated by the development can be adequately accommodated on the existing highway network and the access and roadway within the site. Your offices are satisfied that the developer has addressed the reasons for refusal of the previous application and therefore I recommend accordingly.

8. Recommendation

Conditional Permission

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	No development shall take place on site until a full specification and samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the buildings hereby permitted are occupied. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
4	No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (eg. furniture, play equipment, refuse or other storage units, signs, lighting, etc); proposed and existing functional services above and below ground (eg. drainage power, communications cables, pipelines, etc, indicating lines, manholes, supports, etc). Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
5	All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Reason: In the interests of the amenities and character of the area and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
6	Development shall not begin until details of the design, surfacing and construction of any new roads, footways, including the pedestrian link to The Avenue, access and car parking areas together with details of the means of disposal of surface water drainage and new lamp columns have been submitted to and approved in writing by the Local Planning Authority. Thereafter, development shall be carried out in accordance with the approved details. Reason: To ensure an adequate standard of highway access and drainage for the proposed dwellings and to comply with Policies D1 (Standards of Design) and TR7 (Highway Considerations for new Development) of the IW Unitary development Plan.
7	Prior to occupation of any of the dwellings hereby approved, the footpath link between the development and The Avenue shall be completed to an adoptable standard, including the provision of the pedestrian guard railing, seating and lighting, as shown on the approved plans and in accordance with a detailed scheme to be submitted for the approval of the Local Planning Authority prior to work commencing on site. Reason: To ensure that the footpath is completed to an acceptable standard and to comply with Policy D1 (Standards of Design) and TR6 (Cycling and Walking) of the Isle of Wight Unitary Development Plan.
8	Development shall not begin until details of traffic calming measures and markings to restrict vehicles speeds and a programme for their implementation have been submitted to and approved in writing by the Local Planning Authority. Such measures shall be in accordance with the advice contained within DB32 (Second Edition). Development shall be carried out in accordance with the approved details and the measures shall be completed before the occupation of any part of the development or in accordance with an agreed programme. Reason: In the interest of highway safety and to comply with Policies D1 (Standards of Design) and TR7 (Highway Considerations for new Development) of the IW Unitary Development Plan.
9	No vehicular access shall be formed to the site directly off The Avenue without the prior written consent of the Local Planning Authority. Reason: In the interests of highway safety and to comply with Policies D1 (Standards of Design) and TR7 (Highway Considerations for New Development) of the IW Unitary Development Plan.
10	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no development within Classes A to E of Part 1 of Schedule 2 to that Order shall be carried out [other than that expressly authorised by this permission]. Reason: To enable the Local Planning Authority to assess the impact of additions on neighbouring properties and the appearance of the development and to comply with Policies G4 (General Locational Criteria for Development), D1 (Standards of Design) and D2 (Standards for Development within the Site) of the IW Unitary Development Plan.
11	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order, with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed. Reason: In the interests of the privacy of neighbouring properties and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
12	No development shall commence on site until a detailed scheme for the disposal of surface water drainage, including measures to ensure maximum flow from the site of 7 litres per second per hectare, is submitted to and approved in writing by the Local Planning Authority. Thereafter, the surface water drainage system shall be installed in accordance with the approved details. Reason: To ensure an adequate system of surface water drainage is provided for the development and to avoid overloading of the existing system, in accordance with Policy Ull (Infrastructure and Services Provision) of the IW Unitary Development Plan.
13	No dwelling shall be occupied until the parts of the service roads which provide access to it have been constructed, surfaced and drained in accordance with details which have been submitted to and approved by the Local Planning Authority. Reason: To ensure an adequate standard of highway and access for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
14	Steps, including the installation and use of wheel cleaning facilities in accordance with details to be submitted to and approved in writing by the Local Planning Authority, shall be taken to prevent material being deposited on the highway as a result of any operation on the site. Any deposit of material from the site on the highway shall be removed as soon as practicable by the site operator. Reason: In the interests of highway safety and to prevent mud and dust from getting on the highway and to comply with policies TR7 (Highway Considerations) and M2 (Defined Mineral Working) of the IW Unitary Development Plan.
15	No dwelling hereby permitted shall be occupied until space has been laid out within the site and drained and surfaced in accordance with details that have been submitted to and approved by the Local Planning Authority in writing for a minimum of 2 cars to be parked including garages and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
16	The garage hereby permitted shall be kept available at all times for the parking of cars and no trade or business shall be carried out therefrom. Reason: In the interests of the amenities of the area in general and adjoining residential property in particular and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.

Andrew Ashcroft

HEAD OF PLANNING SERVICES