ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE -
WEDNESDAY 15 JUNE 2005
REPORT OF THE HEAD OF PLANNING SERVICES
WARNING
THE RECOMMENDATIONS
CONTAINED IN THIS REPORT OTHER THAN PART 1 SCHEDULE AND DECISIONS ARE DISCLOSED
FOR INFORMATION PURPOSES ONLY.
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).
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.
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.
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 ON REPORT TO COMMITTEE – 12 JULY 2005
1. |
TCP/05746/N P/02481/03 Outline for residential development part OS parcels
1238, 0135 and 0952, land between Weeks Road and, Ashey Road, Ryde |
Ryde |
Conditional
Approval |
2. |
TCP/16532/K P/00421/05 Demolition of north end of factory; construction of 21 houses, three
storey building to provide six flats; alterations to vehicular access,
parking provision; Clark Masts
18-20, Ringwood Road, Ryde, PO33 3NX |
Ryde |
Conditional
Approval |
3. |
TCP/18846/D P/02524/04 Proposed use of land for touring pitches from March to October; outline
for log cabins and toilet block Appuldurcombe
Holiday Park, Appuldurcombe Road, Wroxall, Ventnor, PO38 3EP |
Wroxall |
Refusal |
4. |
TCP/20245/A P/00172/99 Re-development of existing holiday village to provide 150 two storey
holiday lodges, 36 one bedroom apartments, new leisure building,
refurbishment of existing buildings, alterations to internal roads and
extension to car park, (revised scheme) (details of proposed highways and
access arrangements) Woodside Bay
Holiday Village, New Road, Wootton Bridge, Ryde |
Wootton |
Conditional
Approval |
5. |
TCP/26650/A P/00434/05 Outline for a block of 12 flats (revised scheme) Land adjacent
1st Newport Scout Group Hall and Nine Acres Lane, St. Johns Road, Newport |
Newport |
Conditional
Approval |
6. |
TCP/05907/V P/00958/05 Alterations and change of use of St. George's Hall to provide additional
classrooms and associated facilities; alterations and single storey extension
to improve facilities Shanklin C of E
Primary School and St George's Hall, Albert Road, Shanklin, PO37 |
Shanklin |
Conditional
Approval |
7. |
TCP/10338/N P/00543/04 Demolition of existing building of 8 flats; construction of 2 storey
building to provide 9 flats with associated parking and landscaping St. Martins,
Afton Down, Freshwater, PO409TY |
Freshwater |
Conditional
Approval |
8. |
TCP/26902/ -
P/00450/05 Demolition of garage; construction of detached house with detached
garage; detached garage Sunnymeade, Moor
Lane, Brighstone, PO30 4DL |
Brighstone |
Conditional
Approval |
9. |
TCP/20191/C –
P/003/05 Demolition of building; outline for
residential development of 7 units; alterations to footpath Between Robin
Hood Street and Ash Road, Newport |
Newport |
Conditional
Approval |
1. |
TCP/05746/N P/02481/03 Parish/Name:
Ryde Ward: Ryde South East Registration
Date: 12/12/2003 -
Outline Planning Permission Officer: Mr. J. Fletcher Tel: (01983) 823598 Applicant: Wadham College Outline for
residential development part OS parcels
1238, 0135 and 0952, land between Weeks Road and, Ashey Road, Ryde, PO33 |
Application is
recommended for Conditional Permission subject to a 106 Agreement.
REASON FOR
COMMITTEE CONSIDERATION
This is a major
application of significant importance relating to a residentially allocated
site.
1. Details of Application
1.1 This is an outline
application for residential development on 4.67 hectare area of land. All matters, i.e. means of access, siting,
design, external appearance and landscaping, are reserved for subsequent
approval. However the application is
accompanied by a location plan outlining the site in red and including both the
road, Woodlands View, off Ashey Road and this will therefore be the access to
the site and the extension of that road through land which abuts the main site
to it south west.
1.2 The application is
accompanied by detailed Ecological Report, Flood Risk Assessment, Drainage
Statement, and Site Investigation Report.
These consultants’ reports can be summarised as follows:
1.2.1 Drainage
Foul Drainage
·
Existing local foul sewer has inadequate capacity.
Southern Water have accepted they therefore have a duty to provide satisfactory
foul sewer in accordance with appropriate legislation.
·
Appropriate studies by Southern Water have been
funded to identify works needed to serve the site.
·
Southern Water have carried out a capacity study
and provided a plan showing the route of the new sewer works. (See attached
plan).
·
Statement acknowledges possible route of new sewer
is of considerable length but is generally within existing roads or within
existing easement strips dedicated as access for the construction, repair or
maintenance of existing sewers. Only departure from existing sewer route is
through an open grassed recreation ground.
·
Two areas of potential impact being through the
allotments but there appears to be three route options which are available to
minimise disturbance and within the vicinity of cul de sac off Monkton Street
with disturbance being minimise by using remote “boring no dig” techniques.
·
Report acknowledges existing system has inadequate
capacity and reinforcement work along the route of this sewer will be needed in
any event.
1.2.2 Surface Water Drainage
·
No surface water discharged directly into existing
water course if liable to increase risk of off site flooding.
·
Flow should be controlled at source either by infiltration
into sub soil or by way of attenuation to reduce rate of run off to that equal
to or less than existing run off rate. Excess flow to be retained and released
slowly.
·
Sub soils unsuitable for extensive infiltration
systems, i.e. soakaways.
·
Control mechanism designed to ensure rate of
discharge does not exceed that of undeveloped site over the full range of
return periods from four events per year to one in hundred year event.
·
Topography of site results in two natural catchment
areas in north eastern and south eastern corners of the site.
·
Control mechanisms and ponds will be developed at
the detail design stage in compliance with Council and Environment Agency
requirements although some preliminary design work has identified approximate
volumes therefore corresponding areas have also been identified.
·
Permitted rate of discharge 7 litres per second per
hectare has been in compliance with standard run off rates from greenfield
sites.
·
Provided the design principals are adhered to,
there should be no risk of environmental or amenity impact in respect of
southern water course leading from the site to Monkton Mead Brook.
1.2.3 Flood Risk Assessment
·
This is a detailed report prepared by appropriate
competent persons using format recommended in PPG25- Development and Flood
Risk.
·
Report concludes there will be no flood risk
generated by the development proposals.
·
There is no risk of flooding on the development
site caused by Monkton Mead Brook.
·
Balancing pond and attenuation controls will
prevent increased flood risk on the Monkton Mead Brook.
·
Sustainable urban drainage systems and surface
water flow rate controls can provide mitigation to ameliorate potential impacts
on the small water courses running between the site and Monkton Mead Brook.
·
Minor risk of on site flooding caused by on site
ground water seepages and ditch flows can be mitigated by sensible design of
flood levels and the construction of an over head flood route along the line of
the existing ditch.
1.2.4 Site Investigation Report (Geology)
·
Application accompanied by a report prepared by
consultancy and structural engineers in 1991.
·
Report concludes that augered piled foundation
would be most economical given the clay sub soil strata and any proximity to
nearby trees.
·
Report acknowledges natural drainage of the site is
not good given the clay strata and that surface water soakaways may not prove
to be sufficiently effective.
·
Report advise the potential purchasers of any
properties be informed that the houses are founded on shrinkable soils and therefore
should only plant trees and shrubs with low water demand rates.
·
This report was assessed by another consulting
engineer in 1998 who agreed with its findings.
1.2.5 Ecological Report
·
Report prepared by appropriate competent persons
and describes the habitats present on land of proposed development and
concludes as follows:
o
There is a designated site (Swanmore Meadows SINC)
adjacent to development site interesting habitat is present in the development
site (in particular grassland habitats) and recommendations for mitigation have
been made in the report.
o
Habitats suitable for badgers, bats, and breeding
birds are present on the site or in the immediate surroundings but no evidence
of badgers or bats have been found in the field survey on the site.
o
Further survey works has been recommended for bats
and badgers in order to be able to determine the impact that redevelopment
might have on theses species. Survey works and the findings of such surveys
would not inhibit the development of the site. It is proposed that further
survey work will be carried out before the detailed design stage of the
development in the appropriate season in order to inform the design of the
scheme where appropriate.
o
On the basis of this study there is no overriding
ecological reason why development of the site should not take place, however to
ensure the effect of any development on ecology and natural conservation are
minimized the recommendations outlined above should be adopted.
2. Location and Site Characteristics
2.1 Site lies on the southern
outskirts of Ryde, west of Weeks Road and east of properties which front Ashey
Road and the development known as Leighwood Close.
2.2 The main area of the
overall development site is in the form of two open fields being semi improved
grassland. The larger field to the south slopes from west to east with the
upper field having a slope again from west to north east. The boundary between the two fields is in
the form of continuous scrubby hedgerow within which is a water course. The upper field has extensive scrub
interspersed with broad leafed trees abutting its western boundary with further
scrubby hedgerows along the northern boundary. The lower large field again has
scrubby hedgerows to its west whilst its southern boundary is in the form of
hedgerow interspersed with trees. The eastern boundary where it abuts Weeks
Road is in the form of extensive hedgerows with substantial trees along the
whole of that boundary.
2.3 Weeks Road itself is
wooded bridle way which is an extension to Weeks Road from the north which
serves established residential dwellings.
It then continues in a southerly direction joining Rosemary Lane to the
south which is also a bridleway which runs in a west east direction off Ashey
Road further to the west.
2.4 Abutting the northern
boundary are statutory allotments whilst abutting the southern boundary of the
larger field is an area known as Swanmore Meadows which is a substantial
Village Green and stretches through to Rosemary Lane. Swanmore Meadows also
extends to the south east of the site and east of Weeks Road through to the
railway line.
2.5 Abutting the western
boundary are areas of semi-cultivated land with evidence of former allotment
use terminating on the rear boundary of properties which front Ashey Road and
in part the rear boundaries and garage courtyards of the development known as
Leighwood Close.
2.6 Application also include
part of the smaller development site to the south west. The area of land
included relates to that which would be required for the access road with that
narrow strip continuing to the southern boundary to that development site. The application site then extends into the
new road known as Woodlands View which serves a total of 27 units and
terminates at a junction with Ashey Road on its eastern side. This road is
virtually completed to adoption standards.
3. Relevant History
3.1 (TCP/5746/H) Most
significant planning history relates to an outline application for residential
development on this site which was refused in December 2002 for the following
reasons:
1. There is insufficient
capacity within the existing sewage to take this development satisfactorily and
it is therefore likely that conditions would be created that would adversely
affect the amenities of other users of the existing system and it is therefore
contrary to Policy U11 (Infrastructure and Services Provision) of the Council’s
Unitary Development Plan.
2. A scheme of alternative
means of treatment or the upgrading of the existing sewer has not been
submitted and in its absence it is not clear whether the surrounding area will
have to b utilized at the expense of the Nature Conservation interests and
therefore the development is likely to create conditions that are contrary to
Policies C8 (Nature Conservation As A Material Consideration) and C12
(Development Affecting Trees and Woodlands) of the Council’s Unitary
Development Plan.
Whilst an appeal was lodged following that decision due to the fact that incorrect documentation was submitted in support of that appeal no further action was taken and effectively the appeal was abandoned.
3.2 (TCP/5746/F) Outline application which included siting, landscape and access for ten semi detached and six terraced dwellings was refused in February 1999. A subsequent appeal was allowed in November 1999 subject to conditions. That appeal decision also included a unilateral undertaking regarding pro-rata payments towards cumulative facilities and traffic calming measures.
3.3 Outline consent was
effectively not implemented with a further outline application being submitted
seeking a revised scheme for the residential development on the site for the
same number of units (TCP/5746/L) which was granted consent in February 2003
subject of a Section 106 Agreement which replaced the original unilateral
undertaking referred to above. Reserved
matter approval has recently been granted in May 2005
3.4 Outline application for
21 detached and 6 terraced dwellings approved August 1999 (TCP/8746/E) subject
to a Section 106 Agreement covering payment of £17,194 towards community
facilities and £3,450 towards traffic calming in Ashey Road. A subsequent
reserved matter application was approved in October 1999 following which
development is now virtually completed being the development Woodland View off
Ashey Road.
3.5 Members attention is also
drawn to a very recent approval granted May 2005 for two detached house within
the rear garden of property 35 Ashey Road accessed of the proposed extension of
Woodlands View.
4. Development Plan Policy
4.1 National policies covered in PPG3-Housing
with relevant considerations itemized as follows:
·
Ensure new homes are provided in the right place at
the right time and that there is a choice of sites which are both suitable and
available for house building.
·
There should be a regular review of housing
requirements through the mechanism of a local housing needs assessment.
·
In providing sufficient housing land, priorities
should be given to reusing previously developed land within urban areas in
preference to the development of green field sites.
·
Provide a wider housing opportunity and choice,
better mix and size, type and location of housing.
·
Local plan policies should seek to achieve as an
element of housing scheme appropriate level of affordable housing having
identified through the housing needs survey what the Authority considers to be
affordable in the local planned area. It should be related to lower income
levels and house prices or rents for different types of households.
·
The amount and types of affordable housing to be
provided should reflect local housing need and individual sites suitability and
be a matter for agreement between the parties.
·
Planning authorities should ensure maintenance of
supply of housing by
·
Concentrating most additional housing development
within urban areas.
·
Making more efficient use of land, particularly
previously developed land.
·
Assessing the capacity of urban areas to
accommodate more housing.
·
Adopting a sequential approach to the allocation of
land for housing development.
·
Managing the release of housing land.
·
Reviewing existing allocations of housing land in
plans.
·
Criteria for allocation should be based on:
·
Availability of previously developed sites.
·
Location and accessibility
·
Capacity of existing and potential infrastructure
·
Ability to build communities
·
Physical and environmental constraints on the
development of land.
Members
are advised that a housing need survey was carried out in the period 2001 which
sought to identify the extent, distribution and type of housing needed over and
above homelessness. This was a robust lengthy document which concluded that the
greatest need was for rented accommodation. It also identified Newport, Ryde,
Shanklin and Sandown as areas where there were particular problems with the
greatest need being for single person accommodation although there continues to
be on going demand for two/three bedroomed homes to meet the statutory homeless
requirements.
4.2 The whole of the site is
within the development envelope boundary with that boundary running down the
edge of Weeks Road and along the southern boundary of the main site.
The application site
forms part of a slightly larger area including land abutting the western
boundary through to the rear boundaries of properties which front Ashey Road
and including the land to the south west all of which have been specifically
allocated as housing development land within the statutory Unitary Development
Plan.
This
allocation brings it under the auspices of Policy H3 – Allocation for
residential development sites – Planning proposals for residential development
will be acceptable in principle on the sites listed in Appendix A, subject to
any specific guidance as detailed. The site is identified as H3 (38) and the
following specific policy applies:
“It is proposed that
any area of land to the rear of properties on the eastern side of Ashey Road be
released for residential purposes. Access to the proposed residential area will
be from Ashey Road and will be constructed to the satisfaction of the Local
Planning Authority. The development of the area should be in conjunction with
the provision of community care facilities either within the site or on
adjoining land. The land is undulating in nature and the individual fields
enclosed in the main by hedge and tree boundary. The design and layout of any
development should take into account the topography of the site, the proximity
of nearby properties and maintain the natural features of the area where
possible.”
4.3 Other relevant housing policies within
the Unitary Development Plan are itemized as follows:
H1 –
Major New Residential Developments to be located within the main Island towns.
H2 – To
ensure that large residential developments contain a variety of house sizes and
types.
H14 –
Locally Affordable Housing as an element of a housing scheme.
For Members information over the Unitary Development Plan Period (1996-2011) there is a development potential for approximately 8,000 units which assumes that the development of allocated sites which will make a contribution. In terms of regional policies in respect of the south and south east, the targets for the Isle of Wight are in the region of 500+ units a year which up to the present time is being achieved on a year by year basis. Obviously these figures may be revisited during the local development framework process however, the Unitary Development Plan is the statutory policy document which should apply to this site. Finally in terms of housing policies Members are advised that the above calculations are based on a density figure of 30 dwellings per hectare.
4.4 Other local Unitary Development Plan
policies are itemised as follows:
G1 –
Development Envelopes for Towns and Villages
G4 –
General Locational Criteria for Development
G6 – Development
in Areas Liable to Flooding
G7 –
Development on unstable land
C8 –
Nature Conservation as a material consideration
C11 –
Sites of Local Importance for Nature Conservation
C12 –
Development Affecting Trees and Woodland
C13 –
Hedgerow
TR6 –
Cycling and Walking
TR7 –
Highway Considerations for New Development
TR16 –
Parking Policies and Guidelines
U2 –
Insuring Adequate Educational, Social and Community Facilities for the future
population.
U11 –
Infrastructure and Services Provision
L10 –
Open Space in Housing Development
4.5 Site is within Zone 3 of the Council’s parking policy thus requiring parking provision that shall not exceed 0-75% of parking guidelines.
4.6 Relevant strategic policies within the
Unitary Development Plan are listed as follows:
·
S1 – New Development will be concentrated within
existing urban areas.
·
S2 – Development will be encouraged on land which
has previously been developed (brownfield sites) rather than undeveloped
(Greenfield sites). Greenfield sites will only be allocated for development
where they are extensions to urban areas and where no suitable alternative
brownfield site exists.
·
S3 – New developments of a large scale will be
expected to be located in or adjacent to the defined development envelopes of
the main island towns of Cowes/East Cowes/Newport/Ryde/Sandown/Shanklin.
·
S7 – There is a need to provide for the development
of at least 8,000 housing units of the planned period while a large proportion
of this development will occur on sites with existing allocations or planning
approvals, or on currently on unidentified sites, enough new land will be
allocated to enable this target to be met and provide a range of choice and
affordability.
·
S11 – Land use policies and proposals to reduce the
impact of and reliance on the private car will be adopted and the Council will
aim to encourage development of an effective, efficient and integrated
transport network.
4.7 Reference is also made to
National document, Residential Roads and Footpaths Layout Considerations – Design
Bulletin 32 second edition dated April 1992 and its companion guide, Places,
Streets and Movement dated September 1998. This document provides advice on the
main considerations that should be taken into account in the design of
residential roads and footpath layouts. Takes into account initiatives on
matters such as road safety with particular reference to the contribution of
roads and footpaths can make to the creation of the visually attractive safe
convenient nuisance free and secure development.
4.8 Members attention is also
drawn to Supplementary Planning Guidance in respect of affordable housing which
now seeks a 30% contribution from developers on those qualifying sites.
5. Consultee and Third Party Comments
5.1 Internal Consultees
·
Highway Engineers comments are yet to be received
in respect of the current proposal however detailed assessment of the access
issue was received by the Highway Department in respect of the previous refused
scheme with those comments being summarized as follows:
o
Comparison made with other single access
developments serving substantial number of dwellings 250+ throughout the island
with particular reference to Sandham Gardens, Lake and Carter Avenue, Shanklin.
o
Reference made to Design Bulletin 32 which makes
specific reference to up to 300 dwellings being served off one access point
providing there is an internal loop arrangement within the internal estate road
layout.
o
Some concern was expressed that 300 dwelling served
off Ashey Road through Woodland View may be slightly excessive, it does not
believe that there would be valid grounds to refuse the application, should
that number be reached.
o
Whilst reference is made to a second road access
into the site, he quite rightly suggested that this application has to be considered
on its merits with the single access.
o
Any layout should both accord with Design Bulletin
32 and its companion guide, Places, Streets and Movement.
o
On the basis that there is no change in
circumstances since that application and therefore the Highway Engineer is
recommending conditions should the application be approved.
·
Council’s Archaeological Officer recommends
appropriate conditions should application be approved.
·
Council’s Technical Engineer confirms that the foul
sewage drainage system has to be agreed with Southern Water, and whilst
agreeing with the principle of balancing ponds the issue of adoption of those
balancing ponds still remains to be resolved.
·
Ecology Officer comments as follows:
o
Housing allocation negates any Nature Conservation interest.
o
He recognizes the importance of the adjacent SINCs.
o
Need to protect natural boundary features.
o
Ensure there is no uncontrolled access to adjacent
SINC sites.
o
Any layout should provide controlled access points
(stiles or kissing-gates) to provide access along these boundaries.
o
Importance of the construction design and
maintenance of the balancing ponds should be made a feature of the development
site with particular reference to their landscaping.
o
Considerable potential for the balancing pond in the
south eastern corner of the site to be more natural feature linking it with the
adjoining woodland SINC.
o
Any landscaping scheme submitted should ensure use
of native species.
o
Recognition of pressure that will be placed on the
adjoining SINC by any development including drainage impact however, this SINC
should be seen as an asset to the development providing the layout is designed
accordingly and that the adjoining SINC is adequately managed.
o
Any development should contribute towards the
management and upkeep of the adjoining SINC given the benefits that will accrue
to that development by its relative location.
o
Ecology Officer identified a number of improvements
which could benefit from monies received including improvements and repair to
Weeks Road providing gates or stiles setting up footpaths with suitable
surfacing through the wooded area. Such
monies could be obtained under the auspices of a Section 106 Agreement.
5.2 External Consultees
· Southern Water confirm that applicants have applied to them for a new requisition sewer with a sewer arrangement as described representing a suitable solution. Southern Water cannot object to the principle of development but suggest conditions be applied requiring the submission of design detail and that no property be occupied until the new foul sewer has been constructed.
·
The Environment Agency initially placed a holding
objection on the proposal on the grounds of insufficient information
effectively requiring further hydrological information in order to assess the
adequacy and suitability of the surface water drainage scheme. Following submission of the Flood Risk
Assessment and the Ecological Report, the Environment Agency is now satisfied
that the detailed design of the water courses and surface water control can be
addressed through conditions and the agencies land drainage consenting
procedure.
·
The Environment Agency has also commented on
conservation issues, with particular reference to the Ecological Report, and
are suggesting a specific condition requiring all the recommendations contained
within the submitted Ecological Report to be upheld within any detailed
development scheme, with the reason being to minimize any adverse impact on the
adjoining SINC (Swanmore Meadows) and the river corridor to compensate for the
loss of species rich grassland under the built footprint. They also advise on a number of ecological
issues covering the retention of hedgerows, trees, grassland and any drainage
ditches where appropriate, erection of signage to draw residents’ attention to
the need to respect the adjoining SINC, provisions to deter littering and
tipping, the need to provide additional bat surveys, and the need for the
balancing ponds to be laid out to encourage local wildlife.
5.3 Third Party Representation
·
The Application has been the subject of a total of
65 letters of objection, 13 from residents of Woodland View, 11 from residents
of Alfred Street, 7 from residents of Leighwood Close, 6 from residents of
Weeks Road and 6 from residents of Ashey Road, 4 from residents of Hazelwood
Close, 3 from residents of Swanmore Avenue, 2 each from residents of Rosemary
Lane, St Michaels Road and Osborne Road, and 1 each from residents of Quarry
Road, Aldermere Close, West Street, Osborne Close, Reed Street, Wray Street and
Bettesworth Road. Single letters of objection have also been received from the
Woodlands View Residents Association, the South Ryde Residents Association, the
Ramblers Association and the Isle of Wight Animal Preservation and Action
Group. Points raised are summarized as follows:
o
Single access (Woodlands View) incapable of serving
level of traffic likely to be generated from this development.
o
Development would be likely to cause hazards to
local residents, with particular reference to children and elderly, caused by
significant increase in traffic using Ashey Road, the junction of Woodlands
View with Ashey Road.
o
No development should take place on this site
unless a second access off Ashey Road is created.
o
A general concern regarding the ability of existing
sewer systems to accept discharge from any development on the site.
o
Level of surface water discharge likely to create
flooding problems with particular reference to Monkton Mead Brook.
o
Some concern regarding general ground stability
issues with reference to the information accompanying the application on this
issue being out of date.
o
Objectors consider the site as significant
ecological value and proposal would result in loss of this value with reference
to loss of wildlife habitat and potential loss of hedgerows and trees.
o
Proposal will put pressures on local schools,
health facilities.
o
There may be access problems for emergency vehicles
with particular reference to the fire appliance.
o
There is a lack of local shops to service a
development of this size.
o
Concern that the development will alter the
character of Weeks Road (public bridleway) with added concerns regarding the
pressures that such a development may have on the local public footpath system
as a whole.
o
Reference is made to the level of on-street parking
in Ashey Road and the impact on free flow of traffic that may be caused by the
additional traffic generated by this development.
o
Local allotment association and individual
allotment holders concerned regarding the impact of this development on those
allotments, with particular regard to security issues and specifically to the
disturbance that will be caused by the laying of the new sewer through those
allotments.
o
Concern expressed regarding the effect that a
development of this size and nature will have on the natural springs which run
through the site.
o
Concern regarding construction traffic disturbance
and the overall length of time it will take for such a major development to
take place.
o
Residents of Woodland View express particular
concerns, stating that there is already congestion at the junction of Woodland
View with Ashey Road, with that congestion being exacerbated by parents
dropping off and picking up children attending Swanmore School in Ashey
Road. Their concerns are summarized
within their representation as follows:
“The
additional dangers created for drivers, pedestrians and local children are
obvious. The increased traffic parking
issues and single lane access that exists along Ashey Road would create
extensive delays and noise to local residents.”
6. Evaluation
6.1 The most important
material consideration in respect of this proposal is whether or not the
information accompanying this application has adequately addressed the two
reasons for refusal of outline planning permission in December 2002. Those two reasons related exclusively to
drainage issues and therefore not surprisingly the application has been
accompanied by a significant level of information in the form of Flood Risk
Assessment and Drainage Statement. Also
the application is accompanied by an Ecological Report all of which more than
adequately addresses reason no. 2 in respect of that refusal. Members are advised that the principle of
residential development is not at issue given the site’s allocation in the UDP
and the more recent grants of planning permission for residential development
on adjacent land.
6.2 Foul Drainage
·
The fact that the foul drainage solution being
proposed involves the laying of a substantial length of new foul sewer
(approximately 1,300 metres) from the site’s north eastern corner connecting to
an existing manhole located at the Esplanade/North Walk junction is an
indicator as to the thoroughness of the assessment in arriving at an
appropriate strategy to achieve foul sewage capacity to serve the site.
·
It is important to appreciate that Southern Water
have a duty to provide a satisfactory foul sewer to serve the site in
accordance with the relevant legislation which controls that service
provider. However, it is the applicant
who funds the feasibility studies carried out by Southern Water, and any future
developer would have to bear the cost of the foul sewage works which I am
advised would be in the region of a figure which would exceed £800,000.
·
Adequate controls would need to be applied under
the auspices of conditions to both ensure that the foul sewer solution is
carried out to service any development on the site and that, prior to any other
works commencing, a fully calculated foul sewer scheme should be submitted and
approved. Such a requirement is
essential to ensure that the sewer being laid is of a sufficient size, depth
and of an appropriate gradient to service development on the site. This cannot be provided at this stage given
the outline nature of the application.
·
In terms of likely land uptake which will be in the
form of easements and other detail issues relating to procedures, these are
outlined below.
o
Easement widths will be approximately 6 metres
although precise width of works are usually a matter for negotiations between
the various parties once the developer has formally requisitioned the sewer.
o
Two clear stages involved in sewer requisitions,
the first being the detailed design stage where the concept agreed at planning
stage is worked up and costings agreed. The second stage being the completion
of a formal agreement between the parties.
o
Once agreed Southern Water would aim to commence
works within six months, although in more complicated cases involving various
landowners or sensitive wildlife or countryside sites, that timescale can be
extended. This is to ensure minimum
disruption and disturbance to wildlife on landscapes.
o
Statutory period for the service of notice on
landowners along the proposed route is 28 days, however in such cases as this
Southern Water would commence negotiations well in advance and owners would
usually know months in advance the timing of the work. It is anticipated that such works would take
place in the autumn or early spring.
o
All the above would be subject of negotiations.
·
Whilst the laying of such a length of sewer will
inevitably cause disturbance and disruption, I am however satisfied from the
information received that all those involved will be given every consideration,
with all reasonable concerns being addressed at the negotiation stage. It should be emphasized that this is an
allocated residential site and Southern Water have a duty to provide a sewer
through the requisition process to serve the site. I therefore have no hesitation but to suggest that in terms of
the foul sewage proposal, this proposal more than adequately addresses the
previous reasons for refusal
6.3 Surface Water Drainage
·
Again the application has been accompanied by
extensive information prepared by appropriate competent drainage engineers,
with that information both being in the form of a drainage statement and an
extensive PPG25 Flood Risk Assessment.
One of the delays in bringing this application to Members for
determination has been the requirement of the Environment Agency to be provided
with additional hydrological information to assess the adequacy and suitability
of the surface water drainage scheme.
Members will note that that Agency is now recommending appropriate
conditions should the application be approved, and by implication this
indicates that they are now satisfied that the site is capable of being
developed providing the attenuation methods are introduced.
·
In recommending approval the Environment Agency
have made general comments which are itemized as follows:
o
Two catchment areas have been identified, one to
the north and one to the south, and run-off areas have been assessed through
recognized methods of calculation.
o
The greenfield run-off (undeveloped) from both
these catchment areas is approximately 40 litres per second per hectare, which
is considerably higher than the normal rate of run-off of 7 litres per second
per hectare. This higher figure
reflects the function of the site’s slope and soil type which is relatively
steep, underlain with clay, giving a potentially high run-off rate.
o
Submitted Flood Risk Assessment identifies a number
of ordinary water courses that flow throughout the site. Whilst these do not appear to form
rationalised drainage routes, the Environment Agency considers that it would be
“pertinent to create ditches to accommodate the flow”.
o
The Environment Agency makes reference to a
requirement for land drainage consent to be obtained to secure long term
maintenance of opened channels. This
would be a matter that would need to be considered when the overall layout has
been produced at the detail stage. At
that stage any developer would need to undertake to establish land ownership
rights for either existing ditches or relocated water courses and implement an
appropriate management company to undertake such maintenance.
o
In terms of the attenuation ponds, the Environment
Agency notes that pond A (south eastern corner) has a capacity of 900 cubic
metres, whilst pond B (north eastern corner) has a capacity of 600 cubic
metres. The Agency confirms that this
would provide a volume that appears to be satisfactory to accommodate an
attenuated discharge from the site to that of the previous greenfield run-off
rate.
o
The Agency stresses that at the detail stage they
would be willing to hold further discussions in order to agree the rate of
discharge, overall storage volume and specifics of the engineering design.
·
From the above the level of hydraulic engineering
input in designing the surface water system to service this site has been
significant, which was essential for initially the Environment Agency were not
satisfied with the information and were suggesting that the application would
be refused on those grounds.
·
I consider that there is considerable comfort in
the fact that the Environment Agency is now satisfied that the proposals have
taken full account of the circumstances of the site, and clearly those issues
raised in respect of details can be covered by way of condition.
·
In terms of adoption of surface water drainage, it
is significant that the report is suggesting that infiltration systems can be
introduced on the upper area of the site where gravel outcrops exist. Where such strata does not exist, ditches
and swales and filtration systems can be introduced in the lower areas. All these can be features within the designed
layout stage. The report suggests that
the balancing ponds could be dry detention ponds but with a more permanent
water body and reed bed in one corner.
It certainly would be anticipated that the two attenuation ponds would
be used as specific features in any future layout. Indeed the ponds themselves can become valuable ecological
features attracting appropriate wildlife providing they are laid out
appropriately.
·
In terms of adoption of the ponds, the applicants
have been advised that it is not the Council’s policy to adopt such features, a
factor which they have taken on board, and any future developer would need to
address this issue by ensuring that they are adopted by an acceptable
management company, a factor which would be included in any Section 106
Agreement.
6.4 Ecological Issues
·
The application has been accompanied by a detailed
Ecological Report prepared by an appropriate competent company which provides a
description of all the habitats present, identifies any potential ecological constraints
and lists mitigation measures to alleviate these potential constraints. In preparing this Report particular
importance has been placed on the effect any development may have on the
adjoining Site of Importance for Nature Conservation (Swanmore Meadows SINC) to
the west and south of the application site.
·
The methodology of the study was in the form of a
desktop study and walkover field survey, being carried out in accordance with
appropriate codes of practice. A précis
of the resulting impacts of the development of the site are as follows:
o
Application for fields relatively species rich, but
contain no species which are protected by law. The same habitat is represented in the adjacent SINC and indeed
similar habitat may be present in other fields in the locality.
o
Any mitigation for the loss of grassland habitat
could be in the form of habitat retention where appropriate within proposed
open space areas contained within the new development and/or a contribution to
the nature conservation management of the adjacent SINC areas.
o
Important that trees and hedgerows should be
retained, an issue that could be covered by condition. Similarly the surface water ditches on the
site should be retained with scope to enhance those ditches for wildlife.
o
Site unsuitable for many protected species such as
reptiles and great crested newts. Site
does have habitat for breeding birds, badgers and bats and any detailed
development will need to take the potential impact on these species into
account in the design.
o
Further surveys are recommended to determine
existence of bats and/or badgers, however the findings of such surveys would
not prevent development as there are many measures available for mitigating
effects on these species. Such surveys
should be carried out in the appropriate seasons.
o
Any site clearance should avoid bird breeding
seasons from March to July.
·
With regard to any impact on the adjoining SINC
sites, these are covered as follows:
o
Proposal will have no impact on Monkton Mead Brook
further to the east on the grounds that if anything there will be a reduction
in flood risk to that brook due to the attenuation measures being suggested and
therefore there is no requirement for any improvement works to the existing
surface water courses within the SINC areas.
o
There would only be negligible impact on Monkton
Mead Brook from the works required for the new foul sewer where it abuts that
brook.
o
Where the new foul sewer passes through Swanmore
Meadows there would be a temporary loss of habitat, however that habitat would
return over a number of years. By
ensuring the new sewer runs within the same easement any disturbance would be
restricted to habitat that has already been disturbed.
·
Like the surface water proposals this Ecological
Report has been thoroughly vetted by the Environment Agency, who are suggesting
that an all covering condition requiring all recommendations proposed within
the Ecological Report be adhered to within any detailed development
scheme. They concur with the
recommendations contained in that report as follows:
o
Retention of natural features in order to integrate
the new development with the surrounding countryside and lessen pressures on
the adjoining SINC.
o
Provision of interpretation signs highlighting the
importance of the SINC in the formalisation of entrances to the SINC. This is required to enable new residents to
adopt a sense of ownership over the adjoining natural resource and promote
sympathetic treatment and enjoyment of the area. Long term management proposals should be outlined indicating how
the integrity of the SINC will be maintained further to increased visitor
pressure.
o
Provision of measures to deter littering and
tipping on the boundaries of the SINC which could lower the amenity value of
that area.
o
Concurrence that further survey work is required in
respect of protected species such as bats.
o
Balancing ponds should be integrated as a feature
of the development in order to encourage local wildlife, provision of a
wildlife rich water body will create ideal bat feeding habitats. The Environment Agency stresses the
importance of ongoing management and supervision of these features.
·
Finally the Environment Agency recognises that
development of this site will result in a net loss of species rich habitat and
therefore any detail development scheme should address this loss and make
measures to offset the potential decline of nature conservation interest.
6.5 Drainage/Ecological Matters
From
the above I am satisfied that all issues referred to in the two previous
reasons for refusal have more than adequately been addressed by the submissions
which have accompanied the application, and because of this it would be
unsustainable to continue to refuse this proposal on those issues.
6.6 Given that the only two
reasons for refusal in respect of the previous outline application of December
2002 have now been fully addressed and given that there have been no changes in
circumstances since that date, Members are advised that despite the level of
concerns by local residents it would be very difficult to sustain or justify
refusal by introducing other grounds which were not cited at the time of that
previous refusal.
6.7 106 Agreement Issues
Members are advised that officers have been negotiating regarding Section 106 benefits which can be reasonably achieved from development of this site. Heads of terms have been discussed and draft agreements have been exchanged. Members are also advised that the various departmental recipients of contribution have been involved. As with most negotiations, it has not been possible to achieve all the levels of benefits desired to assist in funding specific projects. Account has always to be taken of any exceptional development costs which are necessary in order to enable a viable development to take place and in this case there is the significant cost of the foul sewer (in excess of £800,000) is such a cost factor.
6.8 The contribution figures, which are considered to be reasonable in this case, are as follows:
· Education
Following consultation with the Council’s Education Officer a sum of £231,000 has been negotiated which is based on a density development of 30 units per hectare and the requirement of £1,650 per unit.
· Village Green Contribution
A contribution of £30,000 towards the maintenance of the adjoining village green abutting the southern boundary.
· Open Space Maintenance contribution of £28,000 based on a 0.3 hectare open space provision on site.
· Highway and Community contributions
A total of £80,000 which is envisaged to assist in funding householder access to local facilities, provision of off-site play equipment, footway and cycleway improvements providing linkages to public play areas and contributing to safe routes to school schemes.
· The resultant total figure is £369,000 which would be in the form of phased payments.
6.9 Affordable Housing
· Members will note that under Supplementary Planning Guidance affordable housing provision has increased from 20% to 30%. However as this application was received prior to the production of that Supplementary Planning Guidance it was considered unreasonable to seek the full 30%. In discussions with the applicant a compromise has been reached whereby provision of affordable housing will be at 25%, with that percentage being broken down to 20% rented accommodation and 5% shared ownership. Therefore included in the 106 Agreement will be a requirement to provide this level of affordable housing in conjunction with a registered social landlord (Housing Association) with the method of provision being either to sell to a registered social landlord or to transfer land at nil cost to a registered social landlord. Such affordable housing will be provided in phases to link in with any overall phasing of development on the site.
· In terms of the number of affordable housing units which is likely to be generated, it is difficult to give an exact number. However if the site was developed at an average density of 40 units per hectare then the likely resultant affordable housing provision would be in the region of 40+ units. It is important to appreciate that this is an approximate figure.
· Other Issues which are likely to be included in the legal agreement would be the need to ensure a management company is set up to ensure the future management of maintenance of the attenuation ponds. This is considered essential as recent experience suggests that whilst the Environment Agency encourages the introduction of such ponds they are not prepared to adopt them. More significantly, the Council’s view on this matter is that they have reservations regarding adoption, maintenance and upkeep, and would be likely to be placing either a high contribution figure if they are persuaded to adopt. Therefore the most logical step would be for an appropriate management company experienced in maintaining such features to be appointed and, more significantly, funded by any developer, with residents being brought on board to ensure the maintenance of these drainage features.
· In summary, it is considered that the benefits and contributions which have been negotiated have been set at a level which takes due account of the circumstances of the site, with particular reference to the cost factor in providing the foul sewer. Whilst obviously the foul sewer will enable the site to be serviced, it will also be likely to make available foul sewage capacity to any brownfield sites within close proximity to it, thus enabling those sites to be brought forward.
· Secondly, Members are advised that the monies received from the adjoining developments have been spent either on the traffic calming in Ashey Road and providing improvements to communal facilities within the area, with reference to the communal facilities provided by the local schools. It is important to appreciate that all monies received from a development have to satisfy the test of being reasonable and related to the development, and therefore need to be spent locally on targeted projects. Secondly, although the sums are not great from an individual point of view they may enable match funding to be obtained through other sources.
· Other Issues
Whilst continuing to remind Members that the test in respect of this application is whether or not the applicants have satisfactorily addressed the previous reasons for refusal, in view of the number of objections which have been received reflecting a high level of concern regarding this site, then I consider it is appropriate to address the issues raised.
· Policy Position
This is a site allocated for residential development within the statutory Unitary Development Plan, and indeed a major part of the site was allocated as such within the previous North East Wight Local Plan. Therefore the principle of its development is accepted, and Members are reminded that under the Planning Act all applications should be determined on the basis of statutory policies unless other material considerations suggest otherwise. The fact that the site is now coming forward results in the need to apply current National and Local Plan policies to its development.
· Whilst this is a greenfield site its status as allocated land within the development envelope makes it appropriate for it to come forward at this time to meet housing requirements as set out in the Unitary Development Plan and, more importantly, as identified in the Urban Capacity Study. This study identifies the need for both identified brownfield and greenfield sites and windfall sites to come forward in order for housing requirements to be met. Supplementary Planning Guidance on phasing in respect of release of greenfield sites anticipated that this site would have been brought forward earlier.
· Given the major status of this site it is accepted that the rate of release should be controlled, and in any event a site of this size is likely to be developed out over a number of years. The Urban Capacity Study and Phasing Report would allow major sites to “trickle feed” new housing into the marketplace as opposed to one site being dependent on another site being built out. This should also sustain competition between housing developers and impact on house prices.
· In view of this and on the assumption Members are mindful to approve the application, a suggested condition will be applied requiring both a master plan and phasing programme to be submitted in order to enable the Planning Authority to exercise appropriate controls. Finally, because of the sheer size of the site it affords the ideal opportunity to provide a significant level of affordable housing for which there is a clear and recognised demand, with that demand being difficult to satisfy through the development of the much smaller brownfield sites which in many cases don’t generate any affordable housing whatever.
6.10 Density/Access
· While siting and therefore density is not a matter for Members to determine at this stage, consideration has to be given to whether or not controls need to be put in place to limit numbers of units on this site. If a density limit condition is to be applied it needs to be justified, and the one issue which is the determining factor in this case is the capacity of the junction of Woodland View with Ashey Road in terms of traffic movement.
· Design Bulletin 32 in theory accepts up to 300 dwellings off one access providing there is an internal loop arrangement within the internal road layout. Highway Engineer has in the past considered that this number could be deemed to be excessive, and in any event that number would need to include the existing development, both completed and about to commence abutting the south west (43 units) and would also need to take into account future development on the remaining allocated land which abuts the western boundary.
· Therefore whilst I would not normally advocate placing a density limit condition, in view of the circumstances of the single access I consider it could be justified in this case. The maximum density figure of 42 units per hectare would result in an approximate overall density, including undeveloped allocated land and the existing developments, of 275 units.
· This density limitation would also need to be supported by a further condition relating to the internal road layout being in the form of a circuit, with there being the shortest practical connection between this circuit and the point of access.
6.11 It is not surprising that the Highway Engineer has made no reference to the ability of the access itself onto Ashey Road being capable of servicing this site, for this issue has been well documented, with particular reference to the Inspector’s allowance of the appeal in respect of the site which abuts the south western corner of the site. The previous Highway Engineer’s comments are self-explanatory indicating the difficulties there would be in citing any perceived inadequacies in terms of the Woodland View/Ashey Road access as a reason to refuse. This would be particularly the case as no reference was made to this issue in the previous refusal.
6.12 Slope Stability and Geotechnics
Whilst the application has not been accompanied by up-to-date information relating to ground conditions, the information that is available is sufficient for this issue to have been adequately addressed. Ground stability is a material consideration, with the test being whether or not the site is capable of supporting the development proposed. In this case the ground conditions will need to be taken into account when designing the foundation details, for those ground conditions vary even within the site. I am satisfied that this is essentially a Building Control matter, with the Building Regulations providing the legislation to control this issue. The Building Control Officer recognised that the site’s subsoil is likely to make it unsuitable for soakaways and that strip foundations are likely to be unsuitable where clay subsoil exists and high water demand from trees is present. I consider an advisory letter attached to any approval pointing out the need to consider this issue of foundation design would be sufficient to cover this matter.
6.13 Open Space
Open space provision has been the subject of negotiation with the fact that the site abuts the substantial area of village green to the south playing an important role. Part of the monies being raised through the Section 106 Agreement are aimed at future maintenance of that village green, for clearly residents of this development will put greater pressures on the village green and will use it as a valuable facility. On site open space provision has therefore been agreed at 0.3 hectares (0.75 of an acre) and it is suggested that this space should be provided to the north of the site, the greatest distance from the village green. Added to this will be a requirement to provide at least two small children’s play space areas to be suitable located and planned into the overall design of the layout. This calculation excludes the two attenuation ponds and the inevitable space around those ponds.
7. Conclusion and Justification for
Recommendation
7.1 The length of this report indicated the complexity of the issues which have been involved in assessing the merits of this outline application for residential development. The application provides an opportunity to put in place all the controlling mechanisms which will dictate and inform any future urban designer as to what are the constraints and opportunities of the site. The conditions which are suggested to be attached are of particular importance, as is the Section 106 Agreement. I consider that appropriate weight to all material considerations referred to in the Report has been given and that the site is appropriate for residential development subject to the controls being suggested, and therefore approval is recommended.
7.2 Should Members be minded to approve this application then it will have to be referred to GOSE (Government Office South East) under the Town and Country Planning (Residential Development on Greenfield Land) (England) Directions 2000. This is required to enable the Secretary of State to ensure that the national policies are being complied with, with particular reference to those policies within PPG3 – Housing.
8. Recommendation
Approval subject to the completion of a Section 106 Agreement covering the following:
· Provision of 25% affordable housing (20% rented, 5% shared ownership) to be transferred to a registered social landlord.
· An education contribution of £232,000.
· Highway, community, open space maintenance, and village green contribution £138,000.
· Setting up of a registered management company to adopt and maintain the two balancing ponds and retained ditches.
(Subject to reference to GOSE under the Town and Country Planning (Residential Development on Greenfield Land) (England) Directions 2000.) (Site likely to generate in excess of 150 units.)
Conditions/Reasons:
1 |
A01 |
The development
hereby permitted 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 |
A02 |
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 |
A03 |
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 |
UN1 |
No development
shall take place until an overall master plan has been submitted for the site
indicating the following: internal road
layout which shall accord with the advice contained in Design Bulletin 32 and
places streets and movement; location of on
site open space area/areas min. 0.3 ha; location of
minimum 2 no. children's play areas; footpath/cycleway
links to Weeks Road in the north eastern corner and footpath link to the
south eastern corner providing links to Weeks Road and the adjoining village
green; retention of
ditches/boundary hedgerows/trees. Such master plan
shall be approved in writing and no work shall commence until such approval
has been granted. Reason: To ensure the
development is carried out in accordance with an overall design strategy in
accordance with policy G4 (General Locational Criteria for Development) and
D2 (Standards for Development within the Site) of the IW Unitary Development
Plan. |
5 |
UN2 |
The sequence of
operations during the implementation of the permission hereby granted shall
be as may be approved by the Local Planning Authority and a phasing programme
shall be submitted to the Local Planning Authority for approval before any
operations are commenced, and none of the operations hereby approved shall be
commenced in advance of any such further approval. Reason: To ensure the
development is carried out in a properly phased manner in compliance with
policy G4 (General Locational Criteria for Development) and D2 (Standards for
Development within the Site) of the IW Unitary Development Plan. |
6 |
UN3 |
The submitted
scheme shall ensure retention of all natural features including retention of
all boundary hedgerows, trees, grassland (within on site open space) and
drainage ditches. Reason: In order to
integrate the new development with the surrounding countryside in accordance
with policies D1 (Standards of Design) and D2 (Standards for Development
within the Site) of the IW Unitary Development Plan. |
7 |
UN4 |
Any development
on site shall accord with the recommendations contained within the Ecological
Report (WSP Developments Limited dated July 2004 ref: 12070592). Reason: To minimise any
adverse impact on the development of the adjoining SINC (Swanmore Meadows)
and river corridor and to compensate for the net loss of species rich
grassland under the built footprint in compliance with policies C11 (Sites of
Local Importance for Nature Conservation) of the IW Unitary Development Plan. |
8 |
UN5 |
Prior to
occupation of any dwellings on this site provision shall be made for
interpretation signs highlighting the importance of the adjoining SINC and
the formalisation of entrances to the SINC long term management proposals shall
also be submitted outlining how the integrity of the SINC shall be maintained
further to cater for increased visitor pressure. Reason: To minimise any
adverse impact of the development on the adjoining SINC (Swanmore Meadows) in
compliance with policy C11 (Site of Local Importance for Nature Conservation)
of the IW Unitary Development Plan. |
9 |
UN6 |
Any submitted
detail layout shall ensure integration of the proposed balancing ponds as a
feature of the development and shall indicate how the design will encourage
local wildlife. Reason: In order to
integrate new development with the surrounding countryside in compliance with
policy C1 (Protection of Landscape Character) of the IW Unitary Development
Plan. |
10 |
UN7 |
No dwelling
shall be occupied until a scheme has been submitted to and approved by the
Local Planning Authority indicating measures to deter littering and tipping
on the boundaries of the adjoining SINC.
Such measures shall be retained and maintained thereafter. Reason: To minimise any
adverse impact of the development on the adjoining SINC in compliance with
policy C11 (Sites of Local Importance for Nature Conservation) of the IW
Unitary Development Plan. |
11 |
UN8 |
No site
clearance shall take place during the bird breeding season between March and
July. Reason: In compliance
with policy C1 (Protection of the Landscape Character) of the IW Unitary
Development Plan. |
12 |
UN9 |
All material
excavated as a result of general ground works including site leveling,
installation of services or the digging of foundations, shall not be disposed
of within the area identified in red on the submitted plans. The material shall be removed from the
site as may be agreed in writing by the Local Planning Authority. Reason: In the interests
of the amenities of the area in general and adjoining residential property in
particular. In compliance with
policies G4 (General Locational Criteria), D2 (Standards of Development
within the Site) of the IW Unitary Development Plan. |
13 |
UN10 |
No development
shall take place until detailed calculations have been submitted to and
agreed with the Local Planning Authority indicating the details of the foul
water discharge rate. No dwelling
shall be occupied until the new foul sewer has been constructed and is
operational in accordance with the details contained in WSP Developments Ltd
Drainage Statement, Project Ref: 11010174 dated December 2003. Reason: To ensure
adequate system of foul water drainage is provided for the development in
compliance with policy U11 (Infrastructure and Services Provision) of the IW
Unitary Development Plan. |
14 |
UN11 |
No development
shall take place until exact surface water discharge flows and cubic capacity
of the two balancing ponds have been calculated and submitted to and agreed
with the Local Planning Authority. No
dwelling shall be occupied until the balancing ponds in the south eastern and
north eastern corners of the site have been constructed and are operational
to service the surface water discharge from the site. Such balancing ponds and surface water
drainage system shall be retained and maintained thereafter. Reason: To ensure an
adequate system of surface water drainage is provided for the development in
compliance with Policy U11 (Infrastructure and Services Provision) of the IW
Unitary Development Plan. |
15 |
UN12 |
None of the
existing retained ditches on the site shall be culverted. Reason: In the interests
of nature conservation in compliance with policy C1 (Protection of the
Landscape Character) of the IW Unitary Development Plan. |
16 |
M50 |
In this
condition "retained hedge or hedgerow" means an existing hedge or
hedgerow which is to be retained in accordance with the approved plans and
particulars. No retained
hedge or hedgerow shall be cut down, uprooted or destroyed, nor shall any retained
hedge or hedgerow be reduced in height other than in accordance with the
approved plans and particulars, without the written approval of the Local
Planning Authority. If within a
period of 5 years from the completion of the development the whole or any
part of any retained hedge or hedgerow is removed, uprooted, is destroyed or
dies, another hedge or hedgerow shall be planted at the same place and that
hedge or hedgerow shall be of such size and species, and shall be planted at
such time, as may be specified in writing by the Local Planning Authority. The erection of
fencing for the protection of any retained hedge or hedgerow shall be
undertaken in accordance with the approved plans and particulars before any
equipment, machinery or materials are brought onto the site for the purposes
of the development, and shall be maintained until all equipment, machinery
and surplus materials have been removed from the site. Nothing shall be stored or placed in any
fenced area in accordance with this condition and the ground levels within
those areas shall not be altered nor shall any excavation be made or fire be
lit, without the written consent of the Local Planning Authority. Reason: To ensure the continuity of amenity
afforded by existing hedges or hedgerows and to comply with policy D1
(Standards of Design) of the IW Unitary Development Plan. |
17 |
UN13 |
No vehicular or
pedestrian access shall be made directly from any individual dwelling to
Weeks Road, the only access being public footpath or cycleway, as referred to
in condition 4. Reason: In order to
protect and control access to public right of way in compliance with policy
TR17 (Public Rights of Way) of the IW Unitary Development Plan. |
18 |
M01 |
No development
shall take place until there have been submitted to and approved in writing
by the Local Planning Authority: A plan showing
the location of, and allocating a reference number to, each existing tree on
the site which has a stem with a diameter, measured over the bark at a point
1.5 metres above ground level, exceeding 75mm, showing the species, girth or
stem diameter, height, crown spread, state of health and stability of each
tree, together with details of those trees that are to be retained and
details of any proposed topping or lopping; Details of any
proposed topping or lopping of any tree on land adjacent to the site; A plan showing
existing ground levels and details of any proposed alterations thereto and of
any proposed excavations; A plan showing
the location, spread, height, species and state of health of all existing
hedgerows, hedges and other areas of vegetation on the site, together with
details of those that are to be retained and details of any that are proposed
to be cut back or removed, wholly or partially; A plan showing
the location, levels and dimensions of all existing watercourses, drainage
channels and other aquatic features on the site, together with details of
those that are to be retained and details of any works proposed thereto; Details of all
existing boundary features and means of enclosure at the site, together with
details of those that are to be retained and details of any works proposed
thereto; Details of the
specification, position and programme of implementation of any measures to be
taken before or during the course of development for the protection from
damage of anything to be retained; The erection of
fencing for the protection of anything to be retained shall be maintained
until all equipment, machinery and surplus materials have been removed from
the site. Nothing shall be stored or
placed in any area fenced in accordance with this condition and ground levels
within those areas shall not be altered nor shall any excavation be made or
fire be lit, without the written consent of the Local Planning Authority. Development
shall be carried out in accordance with the plans, particulars and details
approved pursuant to this condition. Reason: To allow the proper consideration of the
impact of the proposed development on the amenity value of the existing site
and to comply with policy D3 (Landscaping) of the IW Unitary Development
Plan. |
19 |
UN14 |
No retained
boundary hedgerow or trees shall be indicated to be within privately owned
domestic gardens and shall be retained as a public amenity in accordance with
a scheme to be submitted to and agreed with the Local Planning Authority. Reason: To ensure long
term retention of these landscape features in the interests of nature
conservation in compliance with policy D3 (Landscaping) of the IW Unitary
Development Plan. |
20 |
UN15 |
Any proposed
development layout shall ensure a road access is provided to the site's
western boundary in a location to be agreed and to a standard equivalent to
that required for adoption by the Highway Authority. Reason: In the interests
of future planning of the adjoining allocated land which abuts the western
boundary in compliance with policy H3 (Allocation of Residential Development
Sites) of the IW Unitary Development Plan. |
21 |
UN16 |
No development
shall take place until there has been submitted to and approved in writing by
the Local Planning Authority a plan indicating the positions, designs,
materials and type of boundary treatments to be erected. Such plans shall include the provision of
security fencing where the development either abuts or is in close proximity
to adjoining allotments in the northern area of the site. The boundary treatment shall be completed
before the dwellings are occupied and development shall be carried out in
accordance with the approved details. Reason: In the interests
of maintaining the amenity value of the area in compliance with policy D1
(Standards of Design) of the IW Unitary Development Plan. |
22 |
UN17 |
The density of
development on this site shall not exceed 42 units per hectare and shall
contain a variety of house sizes and types. Reason: In compliance
with policy H2 (To ensure that large residential developments contain a
variety of house sizes and types) of the IW Unitary Development Plan. |
23 |
UN18 |
Overall parking
provision on this site shall ensure minimum 1 parking space per unit and
shall not exceed an average of 1.5 parking spaces per unit. Reason: In
compliance with policy TR16 (Parking Policies and Guidelines) of the IW
Unitary Development Plan and advice contained in PPG3 - Housing. |
24 |
J11 |
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. |
25 |
J01 |
Development
shall not begin until details of the design, surfacing and construction of
any new roads, footways, accesses and car parking 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. 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 policy TR7
(Highway Considerations) of the IW Unitary Development Plan. |
26 |
UN19 |
No construction
traffic shall use Rosemary Lane or Weeks Road other than vehicle movements
directly associated with work taking place within those highways. Reason: In the interest
of highway safety in compliance with policy TR7 (Highway Considerations for New
Development) of the IW Unitary Development Plan. |
27 |
UN20 |
No construction
vehicle shall enter the public highway unless their wheels and chassis have
been cleaned to prevent material being deposited on the highway. Reason: In the interests
of highway safety and to prevent mud and dust getting on the highway. |
28 |
UN21 |
The surfaces of
the existing site road and access roads shall be maintained in good state of
repair and kept clean and free of mud and other debris at all times during
construction works and until completion of construction works. Reason: In the interests
of highway safety and safeguarding the local environment. |
29 |
P22 |
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. |
9. Second Recommendation
That letter be sent advising that any developer should carry out detailed soil investigations within the vicinity of individual locations of proposed houses in order to ensure foundation designs are appropriate to the site and that such designs accord with building regulations.
2. |
TCP/16532/K P/00421/05 Parish/Name:
Ryde Ward: Ryde South West Registration
Date: 28/02/2005 -
Full Planning Permission Officer: Mr. J. Mackenzie Tel: (01983) 823567 Applicant: Stonehams Construction Ltd Demolition of
north end of factory; construction of 21 houses, three storey building to
provide six flats; alterations to vehicular access, parking provision; Clark Masts 18-20, Ringwood Road, Ryde,
PO333NX |
REASON FOR
COMMITTEE CONSIDERATION
This is a major
application.
1. Details of Application
1.1 This is a full
application seeking consent for 21 two storey houses and a three storey
building to provide six flats and alteration to the vehicular access and
parking.
1.2 The proposal comprises
the residential development of 0.5 hectares of land with terraced and
semi-detached houses and a single block of three storeys in height containing
six flats arranged around an access road comprising a single cul-de-sac with a
hammerhead. Plans show three dwelling types and flats. The three dwelling types
are shown as three bedroom units comprising slightly different accommodation
between 70 and 75 square metres net in floor area, the net floor area of the
flats is shown as 46.5 m2 and comprising single bedroom, kitchen,
bathroom and living room. Materials proposed are red multi bricks with
contrasting buff feature band quoins and soldier courses, the flats to be constructed
in buff facings with concrete inter locking tiles to the roofs. Screen walls as
shown on the plan are proposed to be constructed in red multi facings with
close boarded fencing in between piers.
1.3 In the main car parking
will be in three parking areas arranged around the hammerhead and separate
parking areas mid way in the cul-de-sac and close to the entrance to the site
to serve the flats.
2. Location and Site Characteristics
2.1 The site has an area of
0.5 hectare with overall dimensions of 100 metres in length and 40 metres in
width. The land falls steadily from east down to the west where the access
joins the site off Ringwood Road.
2.2 To the north and east are
the rear gardens of properties fronting Beatrice Close and Wellington Road respectively.
The properties to the east have long gardens and the dwellings are sited a
considerable distance from the eastern boundary of the site. To the south of
the site is the remaining part of the Clark Masts factory. To the west more
sparsely developed residential property.
3. Relevant History
3.1 Outline planning
permission (with means of access only approved) was granted for residential
development in January 2003 (ref: TCP/16532/H) subject to a condition which
required a minimum density of 30 dwellings per hectare and requiring 20% of the
residential units to be registered to a social landlord.
3.2 In January 2004 approval
of reserved matters (ref: TCP/16532/J) was granted for 18 dwellings. This
scheme would have resulted in the loss of only two trees, one of which was
subject of a Tree Preservation Order.
4. Development Plan Policy
4.1 National policy guidance
- PPG3 – Housing. Essential supports higher density housing schemes especially
in urban areas; more sustainable developments utilising brownfield sites and
promoting and delivering affordable housing.
UDP
policies are as follows:
G1 –
Developments Envelopes for Towns and Villages;
G4 –
General Location Criteria for Development;
D1 –
Standards of Design;
D2 –
Standards for Development Within the Site;
H1 – Major New Residential Developments to be Located within Main Island Towns;
H2 – To
Ensure Large Residential Developments Contain a Variety of House Sizes and
Types;
H6 –
High Density Residential Development
E3 –
Resist the Development of Allocated Employment Land for Other Uses.
The
site is not within an Area of Outstanding Natural Beauty or Conservation Area.
In
April 2003 a Tree Preservation Order was imposed on the oak trees on site.
5. Consultee and Third Party Comments
5.1 Internal Consultees
·
Highway Engineer recommends conditions if approved.
·
Environmental Health Department recognise the
possibility of contamination at the site and recommends appropriate conditions.
Environmental
Health Officer also raises the question of incompatibility between the existing
factory and residential use and accordingly recommends refusal.
5.2 Letter of objection from
adjoining property owner to north on grounds that two of the dwellings are too
close to his property which would lead to overlooking and loss of outlook and
loss of privacy.
6. Evaluation
The
main issues relating to this proposal are as follows:
·
Policy and principle.
·
Density
·
Design
·
Social housing
·
Highways implications
·
Drainage implications
·
Effect on adjoining properties
·
Compatibility with existing land use and;
·
Effect on preserved trees.
6.2 In terms of policy and principle outline planning permission has already been granted followed by an approval of the reserved matters, albeit at a lesser number of dwellings and a lower density. Both of those previous proposals were determined bearing in mind policies G1, G4, H1, H2 and H6 and the principle of E3 which deals with the former employment use.
6.3 The density computes at
approximately 55 dwellings per hectare which is an appropriate form of
development for this location bearing in mind national planning advice seeks to
achieve new developments at 30 – 50 dwellings per hectare. The high density is
achieved by including six flats. In design terms, the dwellings are consistent
with the previous scheme, similar in character, scale and layout and typical of
modern domestic architecture, suitable for this site and location.
6.4 The previous planning
permission for 18 units required a minimum of 20% of those units being turned
over to a registered social landlord (a housing association). The increase in
numbers to 27 units warrants an increase in numbers of units to be passed to a
registered social landlord and it is apparent from the application that the six
flats proposed have been negotiated with a local housing association who
intends to take over those units for rent. An advantage is seen, not only in
increasing the density and number of dwelling units on the site but also an
increase in the number of social housing units and the type of housing unit
which has shown to be necessary by the involvement of a housing association.
Under the circumstances these proposals are seen as a positive step and worthy
of support.
6.5 In terms of highways
access and parking, this revised scheme has been endorsed by the Highway
Engineer who recommends appropriate conditions. Whilst the layout of the site
is similar to that proposal which preceded it, the increase in numbers of
dwellings will not prevent unacceptable increase in car parking spaces to serve
them. It is not felt that the difference between the proposed and the previous
permission is significant in terms of volume of traffic which might warrant
concern.
6.6 Some concern has been
raised over the possible increase in surface water run off by the
implementation of new development on this site. Calculations show that the
existing hard surface areas of the site including the existing roadway, car
parking, existing canteen building and part of the factory demolished total a hard
surfaced area of 1769.5 m2. The proposed hard surface areas taking
account of the new buildings including the flats and dwellings, the roadway and
car parking area (except for the car park area around the trees which will be
permeable) total 1709 m2. Therefore hard surfaced areas as part of
the planned development will be marginally decreased and therefore surface
water run off will be reduced.
6.7 In terms of the effect on
adjoining properties, this development will be similar in form to that which
was approved previously. Although the numbers of dwelling is marginally
increased, the proximity of those dwellings to the common boundary (north) with
the properties in Beatrice Close is of similar magnitude, approximately 5.5.
metres whereas the distance between the new properties and the properties in
Beatrice Close is between 19 and 20 metres, generous by today’s standards. Both
the developments proposed on this site and the existing in Beatrice Avenue are
two storeys in height and in any urban situation, overlooking from first floors
tends to be inevitable. In this instance the dimensions and degree of
overlooking are, in my opinion, quite acceptable.
6.8 In terms of the
compatibility of this residential development with the existing factory is a
matter which was considered in both previous permissions. This is an area of
mixed uses including residential, industrial where there will be some
inevitability of conflict I do not consider it possible to resist development
at this stage on the basis of incompatibility with the adjoining industrial
undertaking due to the fact that two permissions have been granted without
opposition from the Environmental Health Officer hitherto.
6.9 Five of the trees on site
are covered by a Tree Preservation Order. One has already been felled in
anticipation of the scheme being considered acceptable and the felling of
another one agreed at reserved matters stage. This proposal will entail the
loss of the remaining three TPO’d trees, and possibly one other. Members will
therefore need to weigh this in the balance. The Local Planning Authority could
require the planting of heavy standards to replace the lost trees but these are
never, at least in the short term, of the same visual impact and amenity value.
There is also the problem of where to locate these on site. In the alternative,
the Local Planning Authority could consider a commuted payment for replacement
planting off site of a scale and character of at least equal to the total loss
of amenity occasioned by the works proposed in this scheme.
7. Conclusion and Justification for
Recommendation
7.1 Bearing in mind the previous planning permissions granted on this site, the principle of residential development is acceptable. The increase in density and increase in numbers of units set aside for social housing units are both considered advantageous and should be supported. Matters of highways access and car parking and drainage have been satisfactorily addressed and the design of the buildings is consistent with modern housing development in suburban areas. Accordingly I consider that the proposed development is consistent with national planning policy and Unitary Development Plan polices G1, G4, D1, D2, H1, H2, H6 and E3 of the Isle of Wight Unitary Development Plan, but contrary to policy C12 in respect of effect on trees.
8. Recommendation
Conditional
permission.
Conditions/Reason:
1 |
Time limit -
full - A10 |
2 |
No development
shall take place until 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. |
3 |
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. |
4 |
Notwithstanding
condition 3 above two heavy standards of a species to be agreed in writing
with the Local Planning Authority shall be planted in positions agreed with
the Local Planning Authority. If either tree dies or becomes diseased within
five years of planting they shall be replaced with a similar species and size
of tree and originally planted in accordance with a scheme to be agreed in
writing with the Local Planning Authority. Reason: To ensure the appearance of the
development is satisfactory and to comply with policy D3 (Landscaping) of the
IW Unitary Development Plan. |
5 |
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. |
6 |
No dev in front
of building line - R11 |
7 |
A feature wall
in accordance with a scheme to be submitted to and approved by the Local
Planning Authority shall be constructed along the north boundary of the flats
and the south and east boundaries of plots 4 and 5 before those properties
are occupied and shall be maintained thereafter. The feature wall shall be built
in materials to be agreed under condition 2 above. 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. |
8 |
Details of
roads, etc, design and constr - J01 |
9 |
No dwelling
shall be occupied until the parts of the service roads which provide access
to it and car parking areas 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. |
10 |
No dwelling
hereby permitted shall be occupied until space has been laid out within the
site, drained and surface in accordance with details that have been submitted
to and approved by the Local Planning Authority in writing for 34 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. |
11 |
Development
shall not begin until details of traffic calming measures to restrict vehicle
speeds and of a programme for their implementation have been submitted to and
approved in writing by the Local Planning Authority. 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
the agreed programme. Reason: In the interests of highway safety and to
comply with policy TR7 (Highway Considerations) of the IW Unitary Development
Plan. |
12 |
Highway
safety - L18 |
13 |
Notwithstanding
the provisions of any Town and Country Planning (General Permitted
Development) Order, there shall be no direct vehicular access provided to
plots 1-5 of the development hereby approved from Ringwood Road without the
prior written 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. |
14 |
The car parking
areas situated on the north and south side of the access road shall be
constructed and finished in porous materials and in a manner to enable all
surface water to be absorbed. Details of the scheme shall be submitted to and
approved by the Local Planning Authority prior to the commencement of works
on site. Reason: To ensure adjacent trees are not adversely
affected by the driveway and to comply with policy C12 (Development Affecting
Trees and Woodland) of the IW Unitary Development Plan. |
15 |
Before the
development is completed details of the stores located to the east of the
block of flats hereby approved shall be submitted to and approved by the
Local Planning Authority in writing. The stores shall, thereafter, be
constructed and maintained in that finish. 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. |
16 |
No withstanding
the plans hereby approved the Oak tree shown on Plot 8 shall be retained and
shall not be lopped, topped or pruned without the prior written consent of
the Local Planning Authority. Reason: To ensure the trees are not adversely
affected by the construction of the development and to comply with policy C12
(Development Affecting Trees and Woodland) of the IW Unitary Development
Plan. |
17 |
Any excavation
work within the existing crown spread of the trees covered by the TPO and
shall be carried out only by hand and under the supervision of a representative
of the Local Planning Authority. Any
roots over 25 mm in diameter shall not be severed without the prior agreement
of the Local Planning Authority. Reason: To ensure the trees are not adversely
affected by the construction of the development and to comply with policy C12
(Development Affecting Trees and Woodland) of the IW Unitary Development
Plan. |
18 |
No development
shall take place until a detailed specification of the car parking area
between Plots 7 and 8 has been submitted to and approved by the Local
Planning Authority. The scheme shall include the hand digging of any
excavations within 8 m of any tree to be retained on site, the depth and
density of porous fill material and details of the porous membrane within the
hard surfaced area. 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. |
19 |
Before work
commences on site a scheme for the protection of preserved trees shall be
submitted to and approved by the Local Planning Authority. The scheme shall
include details of fencing to surround the trees and no materials of any kind
shall be stored within the protected areas, no burning of waste or other
materials shall take place. 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. |
3. |
TCP/18846/D P/02524/04 Parish/Name:
Wroxall Ward: Wroxall and
Godshill Registration
Date: 07/12/2004 -
Full Planning Permission Officer: Mr. J. Mackenzie Tel: (01983) 823567 Applicant: Appuldurcombe Holiday Park Proposed use of
land for touring pitches from March to October; outline for log cabins & toilet block; Appuldurcombe
Holiday Park, Appuldurcombe Road, Wroxall, Ventnor, PO383EP |
The application is
recommended for refusal.
REASON FOR
COMMITTEE CONSIDERATION This is a major
application which has generated a number of policy issues. |
3. Relevant History
3.1 There is no relevant recent planning
history in respect of this site.
3.2 There is considerable
history dating from the 1950’s to 1970’s for caravans and tented camping.
3.3 In 1977 an application to
re-arrange and extend the caravan park was refused on grounds of visual
intrusion and adverse effect on the amenity of the area. The subsequent appeal
was dismissed. The Inspector felt that large static caravans should be confined
to the walled area of the caravan park.
3.4 The site is clearly a comparatively long
established camping location.
4. Development Plan Policy
4.1 National policy guidance
·
PPG21 – Tourism. Supports the lengthening of the
holiday season but recognises the possible conflict between employment and
tourism promotion and possible adverse affects on the countryside and the
highway system.
·
PPS7 – Sustainable development in rural areas,
recognises the benefits of tourism to the rural economy but, again, recognises
the possible conflict between visual impacts, nature conservation issues and
access implications of development in rural areas.
·
PPG13 – Transport. Recognises the need to focus on
sustainable development in appropriate locations.
4.2 Unitary Development Plan policies
·
T5A and T5B relate to touring caravan and tented
sites supporting new touring and tented camping sites where they are located in
visually unobtrusive locations and where the caravans and tents are removed
from the site outside the holiday season. T5B seeks to retain touring caravan
and tented camping sites, resisting changes to permanent holiday accommodation
sites if the visual or other impact permanent development of the sites detract
from its rural character.
·
D3 – Expects landscaping to be carried out to
reflect general character and reduce visual impact if development is approved.
·
Policy T6 supports and expansion of existing
permanent accommodation sites, provided they adjoin or are directly related to
existing built facilities and do not detract from their surroundings, enhance
the environment and does not impact on the rural area.
·
Policies C1 and C2 relate to the protection of
landscape character.
·
Policy C2 seeks to restrict development within the
area of outstanding natural beauty, thus meeting a proven need.
·
Policy C8 recognises that nature conservation
issues are a material consideration.
·
Policy B10 - Parks and Gardens and Landscapes of
historic interest seeks to protect such gardens or landscapes from
inappropriate development.
·
The site abuts the Area of Outstanding Natural
Beauty and is in close proximity to the Historic Gardens of Appuldurcombe.
5. Consultee and Third Party Comments
5.1 Internal consultees
·
Highway Engineers confirm receipt of the additional
information in relation of traffic speeds within Appuldurcombe Road and visitor
figures to the camp site. Traffic speed
data supplied concludes data logged on the 18 February 2005 showing usual
speeds (85% speed to be 17mph for westbound traffic and 15mph for eastbound
traffic. That specified visibility distance would be 29 metres, which can be
provided within the applicants ownership.
Points out that it has to be accepted that potentially total number of
holiday units (including temporary peak season usage) is 216 holiday units and
concluding that if the existing access arrangement is deemed acceptable for
that period, it would be difficult to sustain reason for refusal as servicing
the site at that level throughout a longer period in the year. Accordingly recommends acceptance of the
proposal subject to conditions.
·
County Ecology Officer points out that the Wroxall
stream flows through the site, which has nature conservation value. Water voles
use the banks and the stream; a fully protected species under the Wildlife and
Countryside Act 1981. Wroxall stream is
known to support the highest densities of this nationally declining species of
any stream on the Island. The species’ survival is being compromised by close
mowing and the waterside vegetation and banks. The County Ecology Officer
recommends that if consent is granted, a significant area of the waterside
vegetation must be kept clear of tents and the waterside corridor should be
sympathetically managed to optimise the nature conservation value of this
attractive feature of the site, by submission of a management plan to be agreed
with the Local Planning Authority.
·
Environment Agency - no objection but advises that
drainage system should be inspected to ensure no pollution occurs.
·
N.A.T.S. – no objection.
5.2 Parish Council comments
·
Wroxall Parish Council recommend approval, but
acknowledge concerns of increased noise generated by extended season, increased
traffic and possibly resultant hazards at the junction with the main road,
especially if the permanent cabins are sold.
5.3 Neighbours objections
·
Petition of 63 signatories objecting to the
development. 16 letters of objection (some duplicated) objecting to the
development on grounds of traffic danger to pedestrians; increased traffic over
Appuldurcombe Road and at its junction with St Johns Road; inadequate access
including a weak bridge in Appuldurcombe Road. One writer suggests a one-way
system might be appropriate. Inadequate access in terms of its width, the fact
that part of the access road is unlit and there has already been erosion of
parts of the access road which should be widened.
·
Adverse visual impact from caravans and log cabins,
especially on the Area of Outstanding Natural Beauty and the historic landscape
produced by Capability Brown.
·
One writer alleges land is within the Green Belt;
outside of the development envelope.
·
Disturbance through increase in noise; overcrowding
of the site with inadequate local facilities.
·
One writer suggests traffic calming in St Johns
Road would assist with reducing dangers at the junction.
·
Questions adequacy of sewerage and capacity; loss
of privacy; creation of a precedent for further developments, including
residential development; possible loss of trees. Light pollution and flooding.
·
One writer refers to the appeal in June 1978, which
was rejected.
6. Evaluation
6.1 The main issues relating to this
application are:-
·
The various policies relating to protection of the
landscape; protection of the historic park; effects on the Area of Outstanding
Natural Beauty against the presumption in favour of development, more
specifically the support for tourism as expressed within the Unitary
Development Plan.
·
National policy supports tourism for its employment
value, but recognises the potential conflicts with visual impact, especially on
the landscape and matters relating to highway safety.
·
The ecological value of the site represents another
important determining factor.
·
The impact on adjoining properties through visual
intrusion, disturbance, pollution;
·
The impacts of the increase in camping units and
the intensity of the site and its resultant impacts on access and highway
safety.
6.2 In terms of policy and principle, policy T5A supports the establishment of new touring caravan and tented camping sites, so long as they are located in visually unobtrusive locations and that the caravans and tents are removed from the site outside of the holiday season.
6.3 Policy T5B refers to the
loss of touring caravans and camping sites, even where it changes to permanent
holiday accommodation, if the visual or other impact permanent development of
the site detracts from the rural character of the area.
6.4 Policy T6 supports
expansion of existing permanent accommodation sites if it adjoins existing
built facilities, or where it does not detract from the surroundings and that
the design and appearance of the development does not adversely affect the
rural character of the area. There is,
therefore, support for this type of development, provided it does not adversely
impact on the amenities of the area.
6.5 Policies C1 and C2 seek
to protect landscape character, C2 especially directly refers to the Area of
Outstanding Natural Beauty. The site is
not within the AONB and there is no Green Belt on the Isle of Wight. However,
there is a presumption in the minimising of impacts on landscape in policy C1,
which might be achieved by landscaping and careful choice of design and colours
of buildings.
6.6 Policy B10 seeks to
preserve historic Parks and Gardens and, in this instance, the Capability Brown
landscape of Appuldurcombe House is situated a little way to the west. I am of
the opinion that the development may impact on the Area of Outstanding Natural
Beauty, and the Historic Park, since the sites abuts but is not contained
within either of those designations.
6.7 Policy D3 seeks to
achieve significant landscaping to ensure that developments are integrated into
the character of the area. This is very important in this instance since the
site is presently quite open and new development will need to be softened to
diminish visual impact.
6.8 The access issue has been
carefully examined and further detail has been submitted, indicating the speed
of traffic in the vicinity and the implications of that speed on necessary
visibility. Policy TR7 seeks to provide satisfactory access and highway
considerations to all new development and following improvements which are
detailed in recommended conditions from the Highway Engineer, the resistance to
the proposed development on highway grounds is not felt justifiable.
6.9 The County Ecologist has
looked carefully at the scheme and has pointed out the stream habitat which
passes through the site and its importance in habitat terms for water voles. He
considers that the development would not necessarily conflict with the
ecological value so long as a management plan is prepared and adhered to, to
create and preserve a satisfactory habitat for water voles. This area could be an important visually
attractive area in addition to maintaining and enhancing the habitat for that
protected species.
6.10 Essentially, neighbouring
properties which are most likely to be affected are those in Worsley Road and
on the western side of St Johns Road, north of the existing site, although it
is acknowledged that all properties in Appuldurcombe Road will be affected to a
greater or lesser degree dependent upon levels of vehicular traffic generated
by the proposal.
6.11 The centre section of the
site is already used for touring caravans and the impact on adjoining
properties will be realised. The encroachment further north will mean that
touring caravans will be a greater distance from adjoining properties than at
present, but the area in the centre will be used for the siting of log cabins.
Noise pollution is a factor of all camping and caravanning sites, as is light
pollution. Site lighting can be controlled by condition, allowing for low level
security lighting of paths etc., but without a spillage to adjoining property.
The site to the north, used for touring caravans, will be used only between
March and October, the remainder of the year the site will be clear of
caravans.
7. Conclusion and justification for
recommendation
7.1 Having given due regard
and appropriate weight to the matters discussed in the evaluation section
above, and the policies, both national and local, it is considered that the
possible adverse effects of an expansion of the tourism use might be outweighed
by acceptability of tourist accommodation and reduced by the imposition of
conditions to ensure a reduction in impact on adjoining properties.
7.2 The highway and traffic
implications have been carefully scrutinised and it is felt that if a three
week period at the peak of the holiday season is acceptable, it would be
difficult to argue the site could not be open for a longer period of the year.
7.3 Landscaping of the site
will be of paramount importance in order to reduce the visual impact and soften
the appearance of the whole of the site, particularly those areas where
structures will be sited all the year round. No details of the structures have
yet been received since that part of the application is seeking only the
principle. However, plans submitted indicate the intention to locate the
chalets further to the west, abutting Redhill Lane, leaving an open area for
existing touring facilities towards the eastern boundary.
7.4 However, bearing in mind
the sensitivity of the site and the several issues of visual intrusion, phasing
of the installation and the matter of habitat for the protected species, I
cannot support this proposal at this time, as I consider there to be
insufficient detail.
8. Recommendation
Refusal.
Conditions/Reasons:
1 |
Z17D |
The information
accompanying this application is inadequate and deficient in detail in
respect of design, landscaping and phasing details and details of how the
protected species' habitat will be safeguarded so that the Local Planning
Authority is unable to consider fully the effects of the proposal on habitat
and landscape and in the absence of further details it is considered that the
proposal would be contrary to Policies C1 (Protection of Landscape
Character), C2 (Area of Outstanding Natural Beauty), B8 (Nature Conservation
as a material consideration) and B10 (Parks, Gardens and Landscapes of
Historic Interest) of the IOW Unitary Development Plan. |
4. |
TCP/20245/A P/00172/99 Parish/Name:
Wootton Ward: Wootton Registration
Date: 12/02/1999 -
Full Planning Permission Officer: Mr. P. Stack Tel: (01983) 823575 Applicant: Rotch Property Group Re-development
of existing holiday village to provide 150 two storey holiday lodges, 36 one
bedroom apartments, new leisure building, refurbishment of existing
buildings, alterations to internal roads & extension to car park,
(revised scheme)(details of proposed highways & access arrangements); Woodside Bay
Holiday Village, New Road, Wootton Bridge, Ryde, PO33 |
The application is
recommended for condition permission subject to a S106 obligation
REASON FOR
COMMITTEE CONSIDERATION
Application
involves major redevelopment of former holiday camp and has been subject of
extensive consultee and third party comments.
1. Details of Application
1.1 This is a full
application seeking in essence to reopen holiday camp/village by way of its
total redevelopment involving off-site highway works. In summary, what appears
to be being offered is a fully self-contained holiday experience – permanent
buildings with self catering facilities plus sport and leisure facilities and a
restaurant and bar complex for a minimum of 670 people at any one time.
1.2 The original application
received in February 1999 envisaged the re-opening of the holiday centre
largely through the creation of the new self catering caravan park with 36 one
bedroomed apartments and 272 (4/6 berth) caravan units.
1.3 This application included
refurbishment of existing structures on site including gatehouse, reception,
building, former dining room and kitchens and rebuilding on the same location
of the former entertainment and indoor pool complex and beach cafe. In
addition, alterations to paths and roadways and an extension to existing car
park was sought.
1.4 Various meetings were
held between officers of the Council's Planning Department and English Nature
and a revised application was submitted to the Authority in January 2000.
1.5 This final revised
application seeks to deal with all of the matters arising from the earlier
revised applications including clarification of the proposed road improvements
and traffic flow figures for the junction of Wootton High Street. The new
environmental review was prepared taking into account comments and input of
English Nature, Isle of Wight Archaeological Trust and Council's Countryside
Section together with expert advice on coastal erosion matters and protected
species. This revised application reduced the proposed number of caravan unit
to 260 and removed the proposed beach cafe from the application. This
application included a revised environmental review, report on the stability
and any coastal erosion predictions on Woodside Bay, a tree survey, an
arboriculture report and a revised layout drawing.
1.6 Subsequent to this
submission further details in respect of the specification for the construction
and repair of New Road was submitted and copies of the proposal were
incorporated into the revised application. Following further consultations with
Highways clarification on trip generation rates used were supplied by civil
engineers acting on behalf of applicant.
1.7 The 2002 revised
application fundamentally changed the format of the proposed development from a
self catered caravan park into (as claimed by the applicant) a high quality
holiday village with holiday lodges in the style of Centre Parcs, Forest
Holidays or the Langdale Centre in the Lake District with central facilities
such as a leisure suite, reception and indoor sports building.
1.8 The number of units
proposed was significantly reduced to 150 two bedroomed lodges and 36 one
bedroomed apartments with total accommodation for up to 672 guests (150 x 4
person and 36 x 2 person accommodation). Furthermore, the location of the
proposed units were concentrated in order to achieve a lower impact on both the
current landscape and the problems related to both coastal erosion and impacts
on specially designated areas. This has been achieved by clustering the units
in blocks of 2 - 6 in order to lessen construction footprint and by moving all
the development southwards (inland) away from the existing shoreline. This
proposal provides for large areas of natural wild life corridor between
foreshore and development sites.
1.9 The proposed holiday
lodges would be two storey height with pitched roofs measuring either 8 metres
by 4.5 metres (100 units) or 10 metres x 4.5 metres (50 Units) Lodges would be
constructed in timber framed panels and set on concrete foundation pillars
carrying treated timber ground beams. This reduces the need for cut and fill
operations and lessens construction time and impacts on site.
1.10 The proposed accommodation
interior layout will be set over two storey lodge construction with two
bedrooms (one en suite) in each unit on one floor and a living deck comprising
kitchen, dining room and lounge. The frontage of units will be largely glass
panels to ensure maximum indoor/outdoor transition being maintained. 50 of the
lodge units will be of slightly larger size to offer deluxe style lodge with
spa bath and higher specification to interior. A further 36 one bedroomed units
are proposed in three blocks of 12 units in line with the original application.
1.11 In terms of ancillary
buildings, proposal remains as per the original application with the exception
of beach cafe which has been removed and the proposed removal of the existing
jetty and beach protection required by English Nature.
1.12 Detail refurbishment will
involve the old gatehouse, the former dining room and kitchen building which
will be renovated to provide a sports hall with various indoor facilities and
to reconstruct former reception office and shop building adjacent car park.
1.13 The application includes a
proposal to build new recreational building on site of former entertainment
with indoor pool complex (only slab and retaining walls remain of this former
structure). Proposed new two storey building will be smaller than original and
will provide bar facilities and a clubhouse on first floor with restaurant and
lounge adjacent front of building will provide patio for guests who enjoy views
over pool area and across Solent. On the lower floor adjacent to the existing
outdoor swimming pool it is proposed to establish leisure suite consisting of
indoor pool, saunas, and spas with gym and health club.
1.14 The applicants estimate
that some 70-80 permanent jobs will be created by completed development
(whether these are all P/T or FTES is not stated) and economic benefits will be
derived from guests spending in local economy. They advise that study prepared
by economic consultants in respect of the Centre Parcs Holiday Villages
contributed some £9 to £10 million per annum to local economies in their areas.
Proposed development is approximately a quarter of the accommodation of a
typical Centre Parcs village and clearly does not have range of year round wet
weather facilities. However, they consider that even on basis of 6 months
occupancy period, local economic impact could be in excess of £1 million per
year.
1.15 In respect of commitments
applicants are willing to enter into a legal agreement to ensure the following
points are conditioned and covered in Section 106 Agreement.
·
Unadopted section of New Road will be surveyed
before any construction works commence and whilst temporary works may be
carried out prior to commencement road will be upgraded on completion to
specification laid out in report commissioned by applicants which accompanied
first revised application.
·
Safeguard environmental undertakings outlined in
their report will be adhered to including setting up of liaison meeting with
local residents to monitor impact of proposed development.
·
Woodland Management Plan attached will be fully
implemented and the adjacent woodlands managed in accordance with this plan.
·
Concrete jetty and all other concrete bases and
hard concrete currently acting as beach defence on northern shoreline within
site will be removed in their entirety subject only to be there no objections
due to archaeological interest being disturbed.
1.16 Such other conditions as the Council may wish to impose to safeguard the environmental and other interests of the site will be considered.
1.17 In respect of Highway
proposal, latest revision to proposal (October 2004) involved confirmation by
applicants that their client had taken ownership of the estate roads within the
former Wootton Manor Estate including the entire unadopted length of New Road
from the entry into the former holiday village at Woodside down to the
commencement of the adopted section at Tideways. As a result the applicants
have submitted an amended site plan which includes within the terms of the
application all the local access ways including the unadopted section of New
Road and upper and lower Woodside Road. This inclusion within the terms of the
current application considerably simplifies many of the issues in respect of
issues relating to upgrading the highway system to accommodate the proposed
development. Previously there had been protracted negotiations in seeking to
establish how such works could be a subject of a planning obligation when
ownership of roadway in question was not known. The applicant now controls the entire
length of the unadopted section of New Road and has included it within the
terms of the most recently revised scheme any works required by the Planning
Authority can now be included within an appropriately worded Section 106
Agreement.
1.18 Highway works agreed by the Highway Engineer
involved three elements namely:
·
Works to the junction of New Road and High Street
including the installation of traffic lights which include the proposed closure
of the lay by in front of the butcher's shop and launderette in the High
Street.
·
Contribution to the repairs of the adopted section
of New Road. This intended to deal with any works required to remedy damage
that may occur during the construction phase and has been fixed at a £50,000
contribution.
·
Works to the unadopted section of New Road from
Tideways to the entrance of Woodside Bay Holiday Village. A specification has
been agreed and it is enclosed in their report and includes installation of a
footpath on the corner of the nearby holiday site.
1.19 The following represents a summary of
proposed highway improvements:
·
Traffic signals been funded by developer and
installed at junction of High street, New Road prior to commencement of
development. This work to be included in the Section 278 Agreement.
·
Provide segregated margin for pedestrians along
section of New Road (minimum 0.6 metres wide)
·
Undertaking to carry out condition survey of whole
length of New Road prior to opening of development.
·
Appropriate conditions that require applicant to
submit an improvement scheme for the unadopted section of New Road and for
works to be agreed and completed prior to opening of development.
·
Developer agreeing to fund remedial works to
overcome any damage caused by construction traffic on the adopted section of
New Road.
1.20 The application has been under consideration for a significant period of time due principally to negotiations with applicant, complex investigations into off-site highway land and several revisions which have been readvertised and reconsidered by both consultees and third parties. Briefly listed below are the details in respect of the original submission and subsequent revisions.
1.21 Original submission
(February 1999) – proposal involved redevelopment of existing holiday village
to provide 272 holiday caravans, 36 chalets, new leisure building ancillary
facilities and alterations to roads and extension to car park. Application was
accompanied by environmental statement and advertised as a major submission
affecting a public right of way. The submission proposed development over
majority of site together with diversion of public footpath which runs through
site.
1.22 First revised Submission
(January 2000) - revised scheme submitted with main amendments involving
omission of proposed beach cafe, a reduction in the number of caravan units by
12 and repositioning of some units along southern and eastern boundaries of
site. Revised application supported by an environmental appraisal, a coastal
erosion study, revised site plan and tree survey.
1.23 Second revised Submission
(October 2002) - further revised proposal submitted seeking to develop site
with 150 two-storey holiday lodges and 36 one-bedroom apartments predominantly
located on southern section of site.
Proposal incorporated in environmental review, revised site layout and
woodland management plan.
1.24 Third and final revision
(May 2004) - this proposal showed works to the junction of New Road and Wootton
High Street, contribution to repairs to adopt this section of New Road and
works to unadopted section from Tideways northwards. In October 2004
information was received from applicants that they had taken ownership of the
estate roads including the entire unadopted length of New Road which is now to
be included within terms of application.
2. Location and Site Characteristics
2.1 Site formerly part of
estate of Woodside House and was developed as holiday centre in 1963. This
formerly comprised holiday accommodation comprising chalets of timber and block
construction together with entertainment and other facilities including large
dining hall and kitchens, main leisure building incorporating ballroom, bars,
disco and indoor and outdoor leisure pools. Other ancillary buildings included
reception, crèche and beach cafe. Due to declining UK market for fully catered
holidays, village closed at the end of 1985 season and has remained closed
since.
2.2 As site is located on
northern shore between Wootton Creek and Osborne Bay at northern end of New
Road, which is partly adopted, and its southern end where it adjoins High
Street, Wootton.
2.3 Since closure substantial
vegetation growth has enveloped site which is surrounded by woodland and is
subject to a number of designations relating to site's importance in respect of
nature conservation.
2.4 Former buildings and
roads are partially obscured by overgrown vegetation and woodland
regeneration. Site slopes northwards
towards coast.
2.5 In terms of designation
site is within or adjoins various sites having special status. Firstly, site
lies within Area of Outstanding Natural Beauty which in itself runs westwards
from Wootton Creek along northern coastal strip. In terms of International
importance, site adjoins RAMSAR site listed under convention on wetland of
international importance and Special Protection Area classified under the E U
Directive on the conservation of wild birds and lies close to a Special Area of
Conservation designated under EC Directive on conservation of natural habitats.
In respect of nationally importance sites, application site adjoins Kings Quay
shore SSSI notified under the Wildlife and Countryside Act. In respect of land
immediately adjoining application site, these woodland areas are identified as
of local importance. The sites of importance for nature conservation include
Horseground Copse to west, Woodside Copse to east and Aldeens Copse to south.
Site is also subject to a Tree Preservation Order.
3. Relevant History
3.1 TCP/15117
L - application for reconstruction of 31 chalets permitted February 1979.
TCP/15117 M -
application for 60 chalets in 10 blocks of 6 to replace 74 existing units
permitted November 1979.
TCP/15117P - application for
rebuilding of 192 chalets permitted October 1990.
TCP/15117S -
application for 216 units in 18 x two-storey blocks of 12 chalets to replace
230 existing units granted March 1985 subject to revocation of TCP/15117P
TCP/20245 - outline
application of holiday complex with 100 bedroom hotel, conference halls, sun
dome, 220 timeshare units. Application treated as withdrawn in November 1997.
3.2 Local Planning Authority
has confirmed that 1985 approval for 216 units has been commenced and remains
extant consent. This consent involved construction of 216 chalets (non
self-catering) with maximum accommodation for 648 persons.
3.3 Clearly existing holiday
and staff accommodation units are in advanced state of dereliction and their
replacement/rebuild would require further planning consent. In respect of additional fall back position
claimed by applicant, no specific comment is made on this issue which if
necessary should be clarified by way of submission of Lawful Development
Certificate.
4. Development Plan Policy
4.1 National Policy Guidance.
PPS1: Delivering Sustainable
Development.
Document emphasises
requirement for and implementation of plan lead system. Document states that
where Development Plan contains relevant policies applications for planning
permission should be determined in line with the plan unless material
considerations indicate otherwise.
PPS7: Sustainable Development in
Rural Areas.
Government objective
seek to promote sustainable patterns of development, protection of countryside
prior to be given to previously developed sites. Document advises that AONB
have been confirmed by Government as highest status of protection in relation
to landscape and scenic beauty. In respect of tourism document advises that the
Local Planning Authority should recognise through development plan system that
tourism and leisure activities are vital to many rural economies. Such policy
documents should insure appropriate rural tourism which is not harm character
of countryside and recognise that in areas statutorily designated for the
landscape and nature conservation there will be scope for tourism and leisure
related developments subject to appropriate control to ensure particular
qualities or features are conserved. Also, it is noted to ensure that any plan
proposals for large scale tourism development in rural areas has been subject
to close assessment to weigh up their advantages and disadvantages to the
locality in terms of sustainable development objectives.
PPG9: Nature Conservation
PPG13: Transport
Objectives of this
guidance is to promote more sustainable transport choices for people by
reducing need to travel especially by car.
PPG20: Coastal Planning
PPG21: Tourism
Document again
reiterates Government's policy in respect of secure and proper balance between
needs of tourist industry and safeguarding the environment. Guidance Note
advises that for most major developments it may be appropriate to identify
suitable general locations for such development sin either development plan
process.
4.2 UDP Policy - of
particular importance is fact that site is specifically identified as tourist
development area wherein Policy T7G applies. Policy T7 advises that proposals
for tourism use in this particular location will be acceptable in
principle. Appendix H of UDP which
provides more detailed briefs advises that site has not been used for holiday
purposes for some years and is currently vacant, derelict and overgrown. Planning application has been approved
subject to a legal agreement being signed for mixed tourism and recreation
development. Any future development scheme would need to take into account the
need for improved access to the site, the wooded character of the area, views
from the sea and the potential impact on the Site of Special Scientific
Interest.
The following UDP Policies are also
considered relevant:
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 than undeveloped (greenfield sites)
G1 –
Development Envelopes for Towns and Villages
G4 –
General Locational Criteria for developments
G5 –
Development outside defined settlements in particular criteria b and c which
relate to recreation and sports activities appropriate to the countryside and
appropriate rural tourism development. Subject to no adverse environmental impacts.
G10 –
Potential Conflict between proposed development and existing surrounding uses.
D1 –
Standards of Design
D2 –
Standards for Development within site
D3 –
Landscaping
TR1 –
Promotion of Tourism and extension of season
T3 –
Criteria for development of holiday accommodation
T7 –
Sites Suitable for Tourism Related Development
T10 –
Use of new tourist accommodation for permanent residential use.
C1 –
Protection of landscape character
C2 –
Areas of Outstanding Natural Beauty
C3 –
Development of the coast outside development envelopes
C8 –
Nature Conservation as a material consideration
C9 –
Sites of Importance for Nature Conservation
C10 –
Sites of National Importance for Nature Conservation
C11 –
Sites of Local Importance for Nature Conservation
C12 –
Development affecting trees and woodlands
TR4 –
Transport Statements Required for Major Development
TR7 –
Highway Considerations for New Developments
G11 –
Coastal Development
S4 -
The Countryside will be protected from inappropriate developments
S5 –
Proposals for Developments which on balance will be for overall benefit of
island by enhancing economic, social or 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.
S10 –
In areas designated or defined scientific nature conservation or landscape
value development will only be permitted if it will conserve or enhance the
features of special characters of these areas
4.3 SPG - Wootton Village Design Statement. Document refers to beach, creek wetlands and woodlands representing jewels in the village crown.
4.4 Other relevant policy
matters. Site is subject to extensive Tree Preservation Order. Application site
is bounded by public roadway to south and foreshore which is public assessable
and formal public right of way located in the vicinity of eastern boundary of
application site.
4.5 In respect of coastal
foreshore which is identified as RAMSAR site, Special Protection Area and
within King's Quay Shore SSSI. Foreshore further west of application site is
identified as Special Area of Conservation. Site itself is surrounded by Sites
of Importance for Nature Conservation (SINC) and forms part of Area of
Outstanding Natural Beauty which in this locality comprises land located
between lower Woodside Road and foreshore.
5. Consultee and Third Party Comments
In view
of significant number and range of comments received following numerous
revision, most recent comments received are summarised unless it is relevant to
refer to earlier submissions.
5.1 Internal consultees
Following negotiation Highway Engineer has confirmed that highways/traffic signal issue has been resolved and subject to conditions is satisfied with the proposals, the supplied traffic data being verified by Traffic Section of Council. He is now in a position to condition the scheme accordingly.
·
Rights of Way of Section advise that revisions to
proposal and are pleased with favourable response in respect to request for
improvement to surface the public footpath N206 as part of this development
although it is outside scope of application. Now that public footpath N156 is
no longer subject to a proposed diversion we would ask applicant to consider
similar improvements to surface this route as it may also be subject to
increased use if development proceeds.
·
In respect of original submission, Countryside
Section advises that application site is wholly within AONB falling within
LCZ3, Landscape Improvement Area. Proposal falls within northern pasture and
coast management zones. His general comments relate to the question of
visibility of site particularly from the sea. It is particularly important
because of the large number of people who have opportunity to view site form
sea and relatively undeveloped aspect of existing coast. Examination of AONB
boundary, I strongly suggest that primary reason for designation is protection
of this particular view. Comments in respect of cafe and slipway
re-developments are not now relevant.
Buildings themselves
will have no effect on the skyline. In landscape terms the most significant
detrimental effect is likely to be effective lights and to a lesser extent
noise on the side of the development facing the sea. He requires more information
concerning nature, location, proposed use, pattern of external lights and any
internal lights likely to be visible outside site. Other comments relate to
density of caravans (original submission) and retention of trees which is
commendable. Other comments have by and large been superseded by revisions to
scheme.
·
Council's Ecology Officer comments with regard to
impact on SSSI, SINC and Protected Species.
In
respect of SSSI impact he confirms English Nature advises that development is
likely to have significant detrimental effect on King's Quay shore SSSI which
lies adjacent to site. SSSI citation refers to the following features of
interest namely woodland of great antiquity, active cliff faces colonised by an
interesting mixture of shrubs and herbaceous plants, junction between ancient
woodland and sea shore of particular interest representing interface between
two natural climax ecosystems, intertidal mud flats which are feeding grounds
for wading birds Herons and Brent Geese, King’s Quay shore is nationally
important for its shore line exposure of Osborne beds in which abundant fossil
fish remains are found and additionally King’s Quay is ecologically important
estuary lying 1 kilometre along coast to north west. English Nature raise
concerns about disturbance to wintering and roosting birds on intertidal muds
and at King’s Quay estuary itself. Damage to geological exposure of fossil beds
from construction works and disruption to natural processes and habitats, which
would result from shoreline defences.
In
respect of SINC impacts, site is surrounded by semi natural ancient woodland
SINCs to the east and west and species which secondary woodlands SINC to the
south. It could be damaging impacts from increased public pressure on these
woodlands however, there are direct impacts from the proposal on Woodside
Copse.
In
respect of protected species, red squirrels and dormice are protected under
Wildlife and Countryside Act and are known to use site. Areas of woodland or
shrub would need to be checked for presence of these species before clearance
work is undertaken.
In
summary, there are Nature Conservation concerns affecting SSSI, SINC and
Protected Species matters. Many of these concerns relate to a density and
distribution of units across site and of periods of site operation.
·
Coastal Section of Local Authority advises that
shoreline management Plan of 1997 forecast erosion of between 130 – 180 metres
over the following 75 years. The north east coastal defence strategy has
reduced this estimate of erosion to closer to 50 metres in 50 years.
Redevelopment of site should not be impetus to provide coastal defences for
site. If approval can be condition to ensure removal of accommodation as each
becomes threatened then approval could be granted. The strategy study which is
approaching completion indicates that this length of coast should not be
defended through new hard defences.
5.2 External consultees
·
Environment Agency confirm they have no objection
in principle to proposal but request any consent be subject to condition in
respect of surface water drainage and submission of details in respect of foul
water treatment and disposal. They agree with applicants view that public foul
drainage system may need renewal and a new sewage pumping system established on
site of existing pumping point. Storm water drains would be re-established and
connected to existing outfall serving site. There have been several failures
and other problems with public foul sewer within this vicinity during recent
years and any additional loading on system may increase likelihood of further
problems unless it is upgraded, hence suggested planning condition. In respect
of surface water drainage Agency considers there is opportunity to create
sustainable management techniques involving creation of ponds.
·
Concerns of English Nature were wide ranging in
respect of original submission and whilst environmental appraisal clearly
identified some of the environmental impacts, the identification and analysis
of mitigation had not been dealt with in sufficient depth to allay their
concerns. Briefly these involved impact of coastal retreat on development,
impact on wintering and roosting birds within SPA, impact on King’s Quay SSSI
including management and operation of site and anticipated number of visitors
and associated impact on specially designated areas. Further information was
also required to support conclusion that geological interests of SSSI would not
be adversely impacted on. Finally, more detailed information was required in
respect of protected species.
In 2002
revision, English Nature updated their comments and advised that revised
submission represented culmination of several years’ negotiation between
Developer, English Nature and Council. At most recent meeting all nature conservation
issues were agreed in principle and it was their understanding that there was
now full informal agreement on way forward. All areas of informal agreement ,
bar the site management plan, are reflected within the formal revised planning
application.
At
August 2002 meeting it was agreed that details of management of site and
adjacent woodland to meet requirements of protected (including European
Protected) species would be drawn up other details would be best agreed within
Section 106. A woodland management plan is extensive and detailed.
Most
recent letter from English Nature advises that in respect of habitat
regulations, areas of agreement set out within application need to be reflected
within planning conditions and possibly Section 106 Agreement. English Nature
advises that current application is likely to have a significant effect on
European Sites and will require appropriate assessment under the regulations.
All information to inform the appropriate assessment is provided within the
application and they would advise that the assessment can be brief. The
assessment should however include all necessary planning conditions and
agreements that are required to offset impacts. In relation to the SSSI
including geological exposures to the foreshore and shoreline these will be
safeguarded through conditions that will be agreed in relation to European
features above. English Nature advises therefore that development is not likely
to have a significant detrimental effect on SSSI. In relation to protected species
they have received additional information however information currently
provided is still of insufficient detail for the DEFRA species licence.
However, they are in a position to withdraw objection in relation to protected
species providing condition can be included to insure that wildlife within site
is protected during entire construction period, ie there is need for qualified
ecologist to remain onsite to supervise works to insure species are adequately
protected.
5.3 Parish Council Comments
2000
revision was subject to public meeting organized by Parish Council attended by
both developer and officers of Planning and Highway Authority.
Letter
of comment received from Parish Council (June 2003) advises that whilst the
Parish Council have not yet formulated their formal comments, they advise that
most concerns on this application have now been addressed but it is Highways
plans which are of greatest concern to local residents.
Parish
Council (then) current position was one of strong objection until satisfactory
Highways plan is received. Issues of concern include St Edmonds Walk being used
as a rat run, level of traffic generation and movement at High Street/New Road
junction, plan to upgrade new road and on-going maintenance, potential for congestion
on New Road, potential for congestion on High Street and wider area including
Fishbourne and safety issues.
In
their subsequent letter received in September 2004, the Parish Council repeated
issue of local concern regarding new traffic arrangements at New Road/High
Street junction which may result in rat running through locality. They also
expressed extreme concern over possible use of lay-by opposite New Road/High
Street junction which provides valuable free parking for village businesses.
Further detailed recommendations are made in respect of highway issues
requiring condition survey to be carried out by developer on both adopted and
unadopted sections of highway an agreed improvement scheme, submission of
financial bond, appropriate legal controls and pedestrian safety measures
including traffic calming on unadopted section of New Road.
Most
recent letter received in May 2005 advises that Parish Council has obtained a
copy of Highway Engineers recommendation for approval. Concern is expressed in
terms in lack of clarity in the recommendation which will give rise to
problems. It is the view of the Parish Council that this stage of the
development must be clear about road works involved which will have a huge
impact on village. Therefore Parish Council strongly requests that detailed
road plan be drawn up taking into account their previous recommendations and
concerns in particular addressing issues and appropriate details in respect of
highway improvements, provision of new pedestrian rural footway, char parking
provision at junction outside entrance to the site, introduction of traffic
management system to allow large vehicles and coaches to pass and requirement
for bond to ensure completion of access road.
5.4 Neighbours
Finally in respect of the various schemes the following correspondence was received from local residents:
·
Original 1999 submission – 53 individual letters of
objections received
·
January 2000 revision – 51 letters of objection
received
·
October 2002 revision – 40 letters of objection
received.
·
May 2004 revision – 31 letters of objection
received.
Notwithstanding
revision to proposal objections to the various schemes can be summarized as
follows:
·
Over development of site, excessive density
·
More intensive use than previous historic use of
site
·
Impacts on right of ways which on original
application involved diversion, effect on wildlife and protected species
·
Problems in respect of road upkeep and maintenance
and adverse ground conditions experienced.
·
Development having adverse impact on AONB
·
Various issues relating to highway safety, in
particular increased traffic movement and congestion, appropriate of access,
creation of rat runs and associated disturbance from noise and vehicle
movements.
·
Inappropriate development
·
Questions over infrastructure upgrades
·
General increase in noise levels in locality
·
Adverse impact on tree cover
·
Adverse impacts on protected species
·
Short term adverse impacts during construction of
development site
·
No particular economic benefit with provision of
low wage jobs
·
Increase in light pollution
·
Adverse coastal impacts
·
Likelihood of increased water borne activity
·
Impacts on fishing community
·
Inadequate traffic survey and data
Whilst
many of these concerns are repeated in most recent correspondence in respect of
May 1004 submission. Main points of concern are principally centered on impact
s of traffic movement, highway safety and proposed alterations to unadopted
section of New Road and maintenance thereafter. Substantial objection was
raised in respect of provision of signal controls junction where New Road meets
High Street. Detailed concern is also expressed at loss of lay by on opposite
side of junction which would be removed to upgrade and install traffic lights
at the junction.
5.5 Others
·
Friends of the Earth object to application on
grounds of inappropriate development given designations in locality. Other
objections relate to disturbance to wildlife, possible requirements for coastal
protection work, unacceptable level of traffic movement.
·
Island Watch object to proposal and comment that
area has changed a lot since it was last used and would suffer adversely from
such development in terms of visual amenity, natural environment including
protected species and larger volume of traffic. This is no longer a site
suitable for this sort of tourist development.
·
Wight Squirrel Project request that the following
be taken into consideration. Firstly the site is adjacent ecologically
sensitive areas which must not be disturbed or changed and secondly at least
two protected species are present in the area. Red Squirrel and Dormice are
protected and their nesting sites and route ways must be protected and it’s
suggested that site be surveyed for TPO.
·
Following the 2002 revision, the Ramblers
Association note that line of right of way is unchanged and suggests
improvements to existing right of way in terms of construction and drainage.
·
Isle of Wight Local Access Forum expresses their
support for coastal path section to be reinstated. Former agrees that having a
section of path is very important and would benefit local users. Island coastal
paths are a great asset which is highlighted by an annual walking festival.
Taking advantage of coastal planning schemes to return some of this coastal
path should be actively encouraged.
·
Latest letter from National Federation of Sea
Anglers also support any proposal which involves coastal access to be included.
They reiterate that the most important access to coastline is maintained not
only to local anglers but for casual access and potentially valuable tourist
coastal path which would link up existing rights of way and at least provide circular route through
area.
·
Most recent letter received from Woodside Residents
Association advises that their residents are in favour of redevelopment of
existing site in accordance with plan devised by English Nature. Currently site
is derelict and redevelopment within existing boundary will be a positive
benefit to local community. Residents concerns are wholly focused on access
route to site and whilst previous users ran site with operation of coaches
current operator would expect client to arrive by private car. Even with
existing levels of traffic unadopted section of New Road is regularly blocked
for periods at its narrowest points due to coaches visiting nearby tourist
attraction and facilities. They suggest that to improve future traffic
management, minimum width of reconstructed road should be at least sufficient
to allow two coaches to pass one another and pedestrians in safety. Unadopted section
of New Road should be retained as a rural highway without a pavement, street
lighting, painted enforcement lines or traffic signs. They also make the point
that residents of Woodside have together with the help of local businesses
maintained some 700 metres of unadopted section of New Road for the past 14
years. With historic record in mind, residents request that sufficient legal
controls are put in place to require developers to meet obligations in respect
of maintenance of road. Various other highway measures are suggested in their
letter.
6. Evaluation
6.1 The main issues relating to this
application are:
·
Planning Policy
·
Habitat regulations
·
Potential impacts on both designated areas and
locality in general
·
Impacts on protected species
·
Highways
6.2 In terms of policy there is no objection in principle to tourist development of this site given its allocation within the adopted Unitary Development Plan. By way of background when dealing with English Nature objection to such allocation at deposit draft stage enquiring Inspector recommended that the Council make no modification in response to this objection unless to bring up to date in accordance with the planning permission. In making this recommendation the Inspector reasoned that at the time of the enquiry the site was subject of a planning application to redevelop the holiday camp. The application included an Environmental Statement which took into account Nature Conservation and the issues of coastal erosion. However, he had no such details before him on which to assess the appropriate boundaries of T7. In principle, on the basis of its established use and from the site visit, he concluded that the site appears suitable for tourist related development. It may well be that as some time has passed there is now agreement about the extent of the development on the site.
6.3 Given the policy
background, operating within a plan lead system, the planning history of this
site and potential fall back position in respect of the extant consent I do not
consider that in principle there is any objection to the development of this
site for tourist related development. Principle concerns will focus on
achieving appropriate level and scale of development which will not adversely
impact on special characteristics of the site including specific nature
conservation issues and wider issues relating to impacts on the locality in
general and appropriateness of the existing highway systems to accommodate the
development proposed. Members may consider that site should remain in one
ownership to ensure that holiday lodges
are used for short term holiday occupation rather than second homes or other
forms of occupation that could represent less intensive holiday use. This has
been suggested within the terms of the legal agreement.
6.4 Members will appreciate
from details contained within section 2 that site and adjoining land is subject
to a number of special designations ranging from those of international
importance to more localized influences. When considering development which
lies within or adjacent SPAs or SACs, the decision taker must establish whether
the proposed development when its directly connected with or necessary for site
management purposes and whether it is likely to have a significant effect on
the designated areas.
6.5 Having establish that
such significant effect is likely as required by Regulation 48 of the 1994
Habitat Regulations an appropriate assessment has been undertaken of the
implications of the proposal in view of the site’s conservation objectives.
6.6 Council’s Ecology Officer
has undertaken this assessment in conjunction with English Nature to arrive at
the latest revised plan which is subject to this appropriate assessment.
6.7 Assessment has looked in
detail at specific issues such as international site features of interest (SPA,
SAC and RAMSAR) and international conservation objectives in respect of
designated sites. Specific impacts on those designated areas have also been
assessed and it is recommended that specific conditions be attached to any
consent issued on this site. Further conditions are suggested in respect of
mitigating disturbance to SPA birds species. The assessment of impacts has been
carried out on both the stand alone basis and in combination with other plans
and projects in the vicinity.
6.8 Assessment concludes that
in the light of close involvement with English Nature throughout the evolution
of this plan, together with the proposed mitigation to off set any small
residual impact, it is concluded that the proposal will not have an adverse
impact on the integrity of the SPA and SAC European sites or upon the RAMSAR
site.
6.9 In the light of this
conclusion Regulation 48 (5) states that projects may only proceed if the
competent authority has ascertained that it will not adversely affect the
integrity of the European site.
6.10 In respect of potential
impacts on AONB whilst comments of Countryside Section are appreciated, the
latest revised proposal seeks to place all development within densely wooded
southern section of site, which will help minimise visual impacts, particularly
when viewed from sea. It is considered that potential conflict between land use
allocation and AONB status has been satisfactorily resolved by latest revision.
Particularly as other foreshore development previously proposed has been
withdrawn from proposal. Lighting of site can be controlled by a way of
planning condition which will control impact.
6.11 Council’s Ecology Officer
concludes that overall affect of disturbance impacts within the SSSI component
of the SPA would be de minimise and that effective visitor management should
greatly reduce potential threat of increased access and damage to Kings Quay
SSSI. This is supported by developers expressed willingness to work with owners
of Kings Quay shoreline to explore ways of deterring unauthorized public access
to shore. Therefore attached conditions and legal agreements are likely to
result in proposal not having detrimental effect on this site of national
importance.
6.12 In respect of SINC impact,
while site is surrounded by such areas it is considered that requirement for
management plan as part of legal agreement, would address issue of ensuring no
increased public pressure on these woodlands.
6.13 Protected species red
squirrels and dormice are protected under Wildlife and Countryside Act and are
know to use site. Council’s Ecology Officer suggests that developer employ
Ecologist to over see works on site to ensure appropriate action is taken and
appropriate licences obtained. This can be contained within proposed legal
agreement.
6.14 Regarding highway issues,
application has been subject to extensive negotiations with Highways Section
and recent inclusion of unadopted roads within terms of application have
simplified legal matters in respect of ensuring such works to those section of
highways are carried out under legal agreement. As applicant states proposed
improvements to New Road (unadopted section) are detailed in agreed
specification of works. This specification sets out road works to be carried
out through entire length of unadopted section. Carriageway width proposed at
4.1 m generally is to be completed to satisfaction and approval of Council.
Detailed assessment and drawings will be required in respect of new alignment
at south western corner of former Pontins Little Canada site. Applicant also
confirms that his clients are willing to carry out works in advance of
development to bring unadopted section of New Road within their ownership up to
acceptable standard before commencement of construction works on site. Whilst
works and any reinstatement following construction will need to be surveyed and
repairs commissioned to finalize road specification following completion. This
could if required be subject of a bond. Contribution to New Road unadopted
section is also agreed at set at £50,000, this section of road is public
highway and as such is maintainable by the Highways Authority. His clients have
also agreed to meet costs of off site improvements requiring involving requirement
for traffic signals at junction. Matter of lay-by has been discussed with
Highways Authority and the removal of such has been a requirement in respect of
traffic light installation.
6.15 As previously mentioned
proposal involves works to new junction of New Road and High Street including
installation of traffic routes. Secondly a contribution to repairs of adopted
section of New Road and this has been fixed at £50,000 contribution. Thirdly,
works to unadopted section of New Road from Tideways to entrance of Woodside
Bay Holiday Village. A specification has been agreed with Highways including
installation of a footpath on corner of 3D Holiday’s site.
6.16 Highway Engineer
recommends conditions should consent be granted and including requirement for
new rural footway to be constructed from the end of the adopted footway to
access the proposed development site. It is also stated that developers will
enter into a Section 278 with Council for provision for traffic lights at
junction of New Road and High Street. Works will include relocation of
pedestrian crossing on High Street.
7. Conclusion and Justification for
Recommendation
7.1 Appropriate assessment
has been carried out under habitat regulations which concludes that proposal
will not have adverse impact upon integrity of internationally important sites
and with appropriate conditions/legal agreement measures impacts on other
Nature Conservation issues are acceptable or can be mitigated.
7.2 Highway Engineer is now
in a position to support proposal given off site works which can be adequately
controlled/enforced by Council.
7.3 Following considerable
negotiations and discussions with all interested agencies involved, it is
considered that the scheme as now revised (May 2004) and subsequent inclusion
of unadopted roads within applicants control a decision has now been reached
whereby scheme can be presented to Members with favourable recommendation,
subject to a Section 106 Agreement to cover:
·
Section 278 Agreement under the Highway Act to
carry out off site highway works to the adopted section of New Road and its
junction with the High Street.
·
Off site highway works to the unadopted section of
New Road to a specification agreed by the Local Planning Authority in
consultation with the Highway Engineer.
·
Operational management plan for site to include
Visitor Management Scheme and Visitor Information Procedure to ensure no undue
adverse impacts on sensitive areas and habitats.
·
Maintenance of boundary treatments and planting
within northern section of site and long term management thereof.
·
No future coastal protection works to be
undertaken.
·
Employment of qualified ecologist to oversee works
on site in respect of protected species and appropriate licence applications.
·
Removal of off site car parking provision to reduce
pressures on foreshore usage.
·
Keeping of register of occupiers/visitors which is
to be kept available for inspection on request of the Local Planning Authority.
·
Implementation of Woodland Management Plan.
·
Revocation without compensation of planning
permission TCP/15117/S
·
Retention of holiday lodges within one ownership.
·
Prohibition on use of site for parking/use of
caravans, tents, camper vans and mobile homes.
8. Recommendation
Subject
to applicants entering a Section 106 obligation, (to be completed within 3
months of the issue of the first draft) the heads of which are set out in
paragraph 7.3 above and Section 278 Agreement under the Highways Act that the
application be approved subject to the following conditions.
Conditions/Reasons:
1 |
Time limit -
full - A10 |
2 |
The detailed
siting and design and external appearance of the each individual holiday
lodge and all other buildings to be refurbished or rebuilt shall be submitted
for approval and agreed with the Local Planning Authority before the
development hereby approved commences. Such agreed details shall be
implemented in full prior to occupation of any of the buildings. Reason: In
the interests in the amenities and character of the area and to comply with
Policy D1 (Standards of Design) of the IOW Unitary Development Plan. |
3 |
Plans submitted
in accordance with condition 2 of this permission shall indicate the location
of all trees on the site of or within 5 metres of the siting of the proposed
holiday lodges and on or within three metres of any existing or proposed
internal access. Such details shall specify which trees are to be removed and
which are to be retained together with the species, the girth and spread of
each tree. Reason: To
enable the Local Planning Authority to consider the layout of the site in
relation to existing trees and to comply with Policy C12 (Development
Affecting Trees and Woodlands) of the IOW Unitary Development. |
4 |
Details of hard
and soft landscaping - M10 |
5 |
Details of soft
landscaping - M11 |
6 |
Landscape
implementation - M11B |
7 |
Landscape
implementation and maintenance
- M12 |
8 |
No building
hereby permitted shall be occupied until details of any floodlighting and any
external light sources have been submitted to and approved by the Local Planning
Authority and implemented in accordance with the agreed details. Reason: In
the interests of the amenities of the area and to comply with Policy D14
(Light Spillage) of the IOW Unitary Development Plan.. |
9 |
Before any
development commences on site the existing slipway and concrete defences on
the northern foreshore shall be removed in their entirety and any proposed
disposal of such material within the application site shall be agreed by the
Local Planning Authority prior to such works being carried out. Reason: To ensure natural coastal erosion
processes are maintained and to accord with Policy C6 (Coastal Protection
Works) of the of the IOW Unitary Development Plan. |
10 |
The northern
boundary of the site shall be fenced in accordance with a scheme to be agreed
with the Local Planning Authority prior to any development commencing on
site. Reason: To
minimise impacts on tentative designated sites and to accord with Policy C8
(Nature Conservation as a material consideration) of the IOW Unitary Development
Plan. |
11 |
Prior to any
development commencing on site additional planting shall be carried out on
the northern boundary of the site in accordance with a scheme to be agreed
with the Local Planning Authority. Reason: To
minimise impacts on tentative designated sites and to accord with Policy C8
(Nature Conservation as a material consideration) of the IOW Unitary
Development Plan |
12 |
All planting
carried out in compliance with Condition No. 10 shall be carried out in the
first planting season. Seeding or turfing comprised in the approved details
of landscaping shall be carried out in the first planting and seeding seasons
following the occupation of the buildings or the completion of the
development, whichever is the sooner, and any trees or plants which within a
period of 5 years from the completion of the development die, are removed or
become seriously damaged or diseased shall be replaced in the next planting
season with others of similar size and species, unless the Local Planning
Authority gives written consent to any variation. Reason: To ensure the appearance of the
development is satisfactory and to comply with policy D3 (Landscaping) of the
IOW Unitary Development Plan. |
13 |
Details of
roads, etc, design and constr - J02 |
14 |
Timing of occupation -
J11 |
15 |
Visibility and
sight lines - J20 |
16 |
Vehicular
access - J30 |
17 |
No building
shall be occupied until the new rural footway has been constructed in
accordance with the approved plans. The new footway shall continue from the
end of the adopted footway to the access of the proposed development. Reason: To ensure adequate safe provision of
facilities for pedestrians and cyclists wishing to gain access to the site
and to comply with policy TR6 (Cycling and Walking) of the IOW Unitary
Development Plan. |
18 |
Provision
(loading, unloading & parking
- K01 |
19 |
Prior to being
discharged into any water course, surface water sewer or soakaway all surface
water drainage from parking areas and hardstandings shall be passed through
an oil interceptor, designed and constructed to have a capacity and details
compatible with the site being drained. Roof water shall not pass through the
separator. Reason: To
prevent pollution of the water environment. |
20 |
No development
approved by this permission shall be commenced until a scheme for the
improvement and/or extension of the existing sewage disposal works have been
agreed with the sewerage undertaker to the satisfaction of the Local Planning
Authority. No buildings (or uses) hereby permitted shall be occupied or
commenced until such improvements and/or extension have been commissioned and
agreed by the Local Planning Authority. Reason: To
prevent pollution of the water environment |
21 |
The occupation
of the lodges hereby approved shall be limited to holiday use only and they
shall not be used as permanent or main residences. Reason: To
ensure that the development remains for holiday purposes and to comply with
Policies T1 (Promotion of Tourism) and T3 (Criteria for Development of
Holiday Accommodation) of the IOW Unitary Development Plan. |
5. |
TCP/26650/A P/00434/05 Parish/Name:
Newport Ward: Newport South Registration
Date: 01/03/2005 -
Outline Planning Permission Officer: Mr. J. Fletcher Tel: (01983) 823598 Applicant: A J Flower Outline for a
block of 12 flats (revised scheme) land adjacent
1st Newport Scout Group Hall and Nine Acres Lane, St. Johns Road, Newport,
PO30 |
The application is
recommended for conditional permission.
REASON FOR
COMMITTEE CONSIDERATION This application
is a major submission involving a number of significant issues and is
submitted by the Isle of Wight Council and therefore falls to be determined
by the Development Control Committee. |
1. Details of Application
1.2 This is an outline application with all
matters reserved apart from means of access.
1.3 Proposal is accompanied
by a site plan which indicates an L-shaped three-storey block of flats to be
located within the south-western area of the site, having a south facing
elevation onto the adjoining development to the south and a west facing
elevation fronting Nine Acres Lane.
1.3 Submitted layout also
indicates a total of 19 parking spaces, 12 of which immediately abut the
eastern boundary with the remaining 7 wrapped around the boundary to the fenced
area which serves the 1st Newport Scout Group Hall.
1.4 Proposal to be accessed off the existing
access off St Johns Road further to the east.
1.5 Application also contains
information in illustrative form, indicating a three-storey development
consisting of 12 one-bedroom flats served off two central staircase facilities
and includes two lifts. Indicative plan also indicates a section through the
site showing the levels of the proposed building relative to the adjoining
Housing Association development to the south, extended through to the road
levels of Elm Grove, along with its relationship to the mainly
single-storey/two-storey building being within the Scout Hut curtilage to the
north.
2.1 Site in the form of a
generally uneven area of land which, until recently, has been used as a site
compound for the Housing Association development to the south.
2.2 Site has an irregular
shape and extends to the east in the form of the existing access of St Johns
Road, part of which has been metal surfaced to serve the adjoining Housing
Association development. Also includes a 10 metre strip some 55 metres in
length which directly fronts Nine Acres Lane and accommodates established
landscape growth, but also includes a narrow footpath link between the main
area of the site and Nine Acres Lane.
2.3 The remaining area of the
application site is in the form of a mainly roughly surfaced area which stands
both to the south and east of the enclosed compound which serves the Scout Hall
to the north.
2.4 The site has a gradual
slope from south to north and rises steeply towards the adjoining recent
development.
2.5 The Medina Housing
development both to the south and east of the lane area of the site consists of
a total of 41 units in a mixture of mainly houses with some flats. The development is accessed by way of a
cul-de-sac using, in part, the upgraded access of St Johns Road.
2.6 To the north of that
extended access road and therefore to the northeast of the main area of the
site is a development of two blocks, three storeys in height, providing a total
of 23 units, mainly in the form of flats.
2.7 Nine Acres Lane, which
abuts in part the western boundary, is an important pedestrian route between
Elm Grove and Trafalgar Road to the north. Also provides a valuable access to
Nine Acres Primary School.
2.8 The main area to the
south of the Scouts compound is used on a regular basis by parents, both
dropping off and picking up pupils who attend Nine Acres Primary School and
users of the adjoining recreation ground.
3. Relevant History
3.1 An earlier outline
application for 10 one-bedroomed flats abutting the southern boundary, which
included a provision for four parking spaces, was withdrawn in December 2004 in
order to enable a second scheme to be submitted addressing the issue of parking
provision for the local school’s use.
3.2 The adjoining recent
residential units were subject to planning consents within the past three
years, with the most recent approval in respect of the development to the south
being granted in June 2004. Members are advised that these developments
replaced commercial uses on the adjoining land in the form of a Builders
Merchants and Electrical Suppliers, both of which have relocated to the Dodnor
Industrial Estates.
4. Development Plan Policy
4.1 National policies covered in PPG3 –
Housing as follows:-
·
Provide wider housing opportunity and choice,
including better mix of size, type and location of houses
·
Give priority to re-using previously developed
urban land within urban areas, taking pressures on green field sites.
·
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 to 50 units per hectare quoted as being the
appropriate levels of density with even greater intensity of development being
appropriate with good public transport, accessibility such as town centre sites,
etc.
·
New housing development should not be viewed in
isolation, but should have regard to the immediate buildings and the wider
locality.
·
More than 1.5 parking spaces per dwelling are not
likely to reflect the Government’s emphasis of sustainable residential
development.
4.2 Unitary Development Plan policies to be
considered within the application are as follows:-
·
G1 - Development envelopes for Towns and Villages
·
G4 - General locational criteria for development
·
H4 - Unallocated residential development to be
restricted to defined settlements.
·
TL16 – Parking policies and guidelines
·
TR7 – Highway considerations for new development.
·
TR6 – Cycling and walking
·
U11 – Infrastructure and services provision.
·
U2 – Ensuring adequate education, social and
community facilities.
4.3 Sizes within Zone 2 of the Council’s Parking policy, thus requiring parking provision that shall not exceed 0 to 50% of parking guidelines.
5. Consultee and Third Party Comments
5.1 Internal consultees
·
Highway engineer recommends conditions should
application be approved. Those conditions relating to details of the roads,
timing of occupation, need to provide turning facilities on site and ensuring
appropriate visibility is available.
·
The Environmental Health Department recommends appropriate
conditions in respect of possible contamination on the site.
5.2 External consultees
None
received.
5.3 Town and Parish Council comments
Not
applicable
5.4 Neighbours
Application
has been the subject of five letters of comment and objection, two from Newport
residents, two from residents of St Johns Road and one on behalf of the
adjoining Scout Group. Points raised are summarised as follows:-
·
Proposal fails to provide sufficient parking for
the regular users of this area, these being parents dropping off and picking up
children attending Nine Acres Primary School, those using the adjacent
recreation ground and those attending the adjacent Scout Group.
·
No safe alternative parking is available
particularly in respect of the school parking with parents being forced to park
illegally within the vicinity of the school causing serious safety issues.
·
One writer notes that proposal does provide a level
of parking provision but considers that specific number of spaces should be set
aside exclusively for general parking purposes.
·
One local resident is concerned that further
development will attract further traffic with the recent residential
development having resulted in an increase in a number of vehicles entering
this area.
·
Concern that the proposal will attract anti-social
behaviour.
·
Adjacent Scout Group raise a number of concerns
which are itemised as follows:
o
They question the increase in density from 10 to 12
units which will increase the pressures on parking spaces available for general
use.
o
They assess land area currently is capable of
accommodating 30 spaces (current proposal indicates a total of 19 spaces).
o
Area often full in terms of parking at weekends
reflecting the use of the adjoining recreation ground.
o
The area is also used for parking by those
attending the Scout Group.
o
The area provides little or no manoeuvring space.
o
If the spaces are not provided there will be
traffic chaos in Trafalgar Road.
o
Some events run by the Scouts will have to be
counselled due to the close proximity of development.
o
Concern that there will be noise complaints from
residents in respect of Scouting activities.
o
Serious concerns regarding surface water drainage
with there being a number of examples of flooding events resulting from the
current situation.
o
Evidence that damaged fencing has taken place by
the parking of vehicles with the current scheme not addressing this concern.
o
The area has become a place for abandoned vehicles.
o
Lengthy reference has been made to legal right
which the Scouts have over the land and any development would require a release
of these rights, should approval be granted.
o
Writer refers to monies that are available from the
adjoining development for surfacing of the area.
o
Proposal appears to pay little regard to the
continuance of the Scout Group which it is suggested could be put into doubt if
this development goes ahead.
·
Writer concludes his letter as follows:
“This is an ill thought
out application with no thought or consideration given to neighbours. If
allowed to proceed it will create on-going problems for Nine Acres Primary
School, football clubs and general public and not least us as well respected
Scout Group. Open space and green areas are important and any area to park for
the playing fields is too. What use is the field itself if you cannot park
anywhere near it? Children of this community need our help not our hindrance,
if this application proceeds it shall be engraved on the conscience of all
Council Members as to the detrimental effect it will have on the youth in our
community.
· Writer suggests that Members carry out a site inspection prior to determining the application.
6. Evaluation
6.1 This is an outline
application seeking the principle of this type of development on this site with
the only detail issue to consider being that of access.
·
I am
advised that the illustrative proposal indicating 12 one bed flats are for use
by persons with learning difficulties. It will provide a facility for these
persons to live more independent lives although under the supervision of either
the Council and/or Social Services.
·
Obviously this use has
implications in terms of parking for this type of occupancy will be extremely
unlikely to attract car ownership by the occupants although some visitor spaces
will be required.
·
In order to control this use, I am advised that a
contractual arrangement will be set in place setting up a strategic partnership
involving the Council and the Social Services. Members will appreciate that
this could not be covered by way of a Section 106 Agreement
bearing in mind that the Council are the applicants in this case. (The Council
cannot enter into a legal agreement with itself).
6.2 In pure planning terms
this is an application for development on what is effectively a brownfield site
close to the town centre and as such would be appropriate for high density
style development. Indeed flatted development reflects the two schemes which
have been completed adjacent to this site.
However,
the historic use of the site as outlined above in terms of parking provision is
a matter that needs specific attention and reflects a constrain on the site’s
development.
6.3 Parking
Not
surprisingly, parking provision and allocation has been carefully considered in
respect of this proposal with the application providing a total of 19 spaces.
Clearly
this is far in excess of what would normally be required for a development in
this location but does reflect the attention that has been given to providing
the parking spaces for the historic users of this area.
I
consider that this represents a reasonable compromise although it is accepted
that the site itself in is undeveloped form is capable of accommodating 30+
parking spaces and this proposal will reduce that availability by at least a
third.
This
apart however, the pattern of parking on this site is specific to certain users
with the use being dispersed throughout the day, limited to week days in terms
of the adjoining school and limited to certain times of the day. It is
important to appreciate that this parking is fairly informal in nature but
obviously provides a valuable facility. I am advised that the school encourages
the use of this facility particularly for those children too far away to walk
or children who have special needs. It is also important to appreciate that Nine
Acres Primary School does not allow safe parking outside the school.
It is
also recognised that the area is used for parking by users of the nearby
recreation ground however, the level of that parking is unknown and is likely
to vary being dependant on what type of sporting activity is taking place on
the recreation ground.
The
question of management of the parking spaces has been raised and I understand
that the parking spaces themselves will be controlled by way of chains and/or
posts and there will be on site indications in the form of lettering and
notices indicating the restrictive use of this area for parking purposes and
hopefully providing a deterrent to any more long term parking that may take
place.
Clearly
there needs to be some control for the site’s location does provide a
temptation for unofficial all day parking to take place given that it is within
walkable distance of the town centre.
7. Conclusion and Justification for
Development
7.1 I consider that the principle of development on this site particularly in the form indicated is acceptable. Application has clearly addressed as far as it is able the need to provide an element of parking provision for use as described. Obviously, there will be occasions when the parking provision is not enough but it would be extremely difficult to ensure spaces are always available for every occasion.
7.2 Members are advised that
in planning terms it is not possible to condition occupancy however, I am
satisfied from the information that has been provided that the site will be
used for purposes indicated and therefore will not impact on parking provision
issues.
7.3 Members are also advised
that the 19 parking spaces provided far exceed what would be required under
policies for a development of this type and in this location. Therefore in
strictly policy terms the parking provision of 19 units for the flats alone
would be contrary to the zonal parking policies within the Unitary Development
Plan. However, given the unique circumstances of this site, I considered a
justifiable exception to those policies is appropriate in this case.
7.4 Having given due regard
and appropriate weight to all material considerations referred to in this
report, it is considered that outline approval is appropriate subject to
appropriate conditions.
8. Recommendation
Conditional permission
Conditions/Reasons:
1 |
A01 |
The development
hereby permitted 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 |
A02 |
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 |
A03 |
Approval of the
details of the siting, design and external appearance of the building(s), 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 |
UN1 |
Before the
development hereby permitted is commenced a detailed management scheme of the
19 parking spaces indicated on the plans hereby approved shall be submitted
to and approved by the Local Planning Authority. Such scheme shall include
mechanisms by which the use of the parking spaces shall be controlled with
such mechanism including site notices restricting the use of parking spaces
to identified groups or persons. Such management plan shall indicate
management responsibilities and maintenance schedules and shall be carried
out as approved. Reason: To
ensure an adequate provision of parking for both the development and
identified persons or groups to comply with Policy TR7 (Highway
Considerations) of the IOW Unitary Development Plan. |
5 |
J01 |
Development
shall not begin until details of the design, surfacing and construction of
any new roads, footways, accesses and car parking 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. 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 policy TR7
(Highway Considerations) of the IW Unitary Development Plan. |
6 |
J11 |
No development
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. |
7 |
J30 |
No building
shall be occupied until the means of vehicular access thereto has been
constructed in accordance with the approved plans. 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 |
J20 |
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. |
9 |
K01 |
No building
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
cars/bicycles to be parked and for vehicles to be loaded and unloaded 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. |
10 |
UN2 |
Any development
on this site shall ensure maintenance of the pedestrian access to Nine Acres
Lane (FP152) located in the north western corner of the site. Prior to
occupation of any development on this site improvements to that access shall
be carried out in accordance with a scheme to be submitted to and approved by
the Local Planning Authority. Such improvements shall include the provision
of lighting. Reason: To
ensure pedestrian access is retained in compliance with Policy TR17 (Public
Rights of Way) of the IOW Unitary Development Plan. |
11 |
UN3 |
Any development
on this site shall not exceed three storeys in height. Reason: In
the interests of the amenities and character of the area and to comply with
Policy D1 (Standards of Design) of the IOW Unitary Development Plan. |
12 |
UN4 |
A minimum 0.6
metre wide margin shall be provided where parking spaces abut existing
boundary fences. Such margins shall be retained and maintained thereafter. Reason: In
the interest of the amenities of the adjoining land and property owners in
compliance with Policy D1 (Standards of Design) of the IOW Unitary
Development Plan. |
13 |
UN5 |
The existing
hedge which abuts the western boundary (adjacent Nine Acres Lane) shall be
retained and reinforced where necessary to a minimum height of two metres and
to a standard consistent with good arboricultural practice. Reason: To
ensure the maintenance of screening to the site and to protect the appearance
and character of the area in compliance with Policy D3 (Landscaping) of the
IOW Unitary Development Plan. |
14 |
M50 |
In this
condition "retained hedge or hedgerow" means an existing hedge or
hedgerow which is to be retained in accordance with the approved plans and
particulars (hedgerow abutting western boundary). a) No
retained hedge or hedgerow shall be cut down, uprooted or destroyed, nor
shall any retained hedge or hedgerow be reduced in height other than in
accordance with the approved plans and particulars, without the written
approval of the Local Planning Authority. b) If
within a period of 5 years from the completion of the development the whole
or any part of any retained hedge or hedgerow is removed, uprooted, is
destroyed or dies, another hedge or hedgerow shall be planted at the same
place and that hedge or hedgerow shall be of such size and species, and shall
be planted at such time, as may be specified in writing by the Local Planning
Authority. c) The
erection of fencing for the protection of any retained hedge or hedgerow
shall be undertaken in accordance with the approved plans and particulars
before any equipment, machinery or materials are brought onto the site for
the purposes of the development, and shall be maintained until all equipment,
machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any
fenced area in accordance with this condition and the ground levels within
those areas shall not be altered nor shall any excavation be made or fire be
lit, without the written consent of the Local Planning Authority. Reason: To ensure the continuity of amenity
afforded by existing hedges or hedgerows and to comply with policy D1
(Standards of Design) of the IW Unitary Development Plan. |
15 |
UN6 |
Prior to
occupation of any development of this site, a lighting scheme shall be
implemented in accordance with a scheme to be submitted to and approved by
the Local Planning Authority. Such scheme shall include future management and
maintenance responsibilities of the lighting. Reason: In
the interests of the amenities of both the occupiers of the proposed
development and the adjoining development in compliance with Policy D1
(Standards of Design) of the IOW Unitary Development Plan. |
6. |
TCP/05907/V P/00958/05 Parish/Name:
Shanklin Ward: Shanklin South Registration
Date: 24/05/2005 -
Full Planning Permission Officer: Miss. L. Scovell Tel: (01983) 823552 Applicant: Isle of Wight Council Alterations and
change of use of St. George's Hall to provide additional classrooms and
associated facilities; alterations and single storey extension to improve
facilities Shanklin C of E
Primary School and St George's Hall, Albert Road, Shanklin, PO37 |
The application is
recommended for conditional permission
REASON FOR
COMMITTEE CONSIDERATION
This application
was made by the Isle of Wight Council and due to its nature must be determined
by the Council’s Development Control Committee.
1. Details of Application
1.1 This is a full application.
1.2 The proposal comprises of alterations and change of use of St. George’s Hall to provide additional classrooms and associated facilities; alterations and single storey extension to improve facilities to the existing school complex.
2. Location and Site Characteristics
2.1 Shanklin Church of
England School is situated at the Furze Hill Road and Albert Road junction
within the development envelope of Shanklin. The school complex is located in a
predominantly residential area and adjoins the recreation ground. There is an
existing vehicular and pedestrian access via Albert Road.
2.2 Located immediately
adjoining Shanklin C of E School, St. George’s Hall is a detached building
occupying a small site with pedestrian access only by a shared footpath onto
Garfield Road. The schools playground is situated to the side of this property,
whilst there is an area of semi-detached dwellings to the other. Garfield Road
is terminated adjacent to the eastern boundary of this property and is of a
narrow construction with little off-street parking facilities. Originally it
was used as a community facility but more recently it has become unoccupied.
3. Relevant History
3.1
·
TCP/05907/R. Related to extension to form two
classrooms, staff room and toilets; alterations to vehicular access and extend
paved playground area. Granted on 26 March 1997.
·
TCP/05907/S. Related to the siting of a double
mobile classroom; single storey extension to provide covered link and extension
to playground to include 2.4 metre high fencing. Granted 25 January 1999.
·
TCP/05907/T. Related to a proposed extension to the
car park. Granted 6 April 2001.
·
TCP/05907/U. Related to alterations and single
storey extension to enlarge pre-school accommodation. Granted 13 May 2003.
4. Development Plan Policy
4.1 Unitary Development Plan policies 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 than undeveloped
(greenfield) sites.
·
G1 – Development Envelopes
·
G4 – General Locational Criteria
·
G10 – Existing Surrounding Uses
·
D1 – Standards of Design
·
D2 – Standards for Development within the Site
·
TR7 – Highway Considerations for New Development
·
U5 – Schools Provision
5. Consultee and Third Party Comments
5.1 Internal Consultees
·
Highway Engineer is satisfied that there will be no
highway implications as a result of this application.
5.2 External Consultees
·
NATS (En-route) Plc. has no objection to the
proposal.
5.3 Town or Parish Council Comments
·
Shanklin Town Council made no comment.
5.4 Neighbours
·
None received.
6. Evaluation
6.1 Main issues relating to this application are:
·
Policy and;
·
the impact on adjoining residential properties.
6.2 With regard to policy, there is no objection in principle as the proposal complies with policies previously listed in particular policy S2 (Development will be encouraged on land which has been previously developed, as the proposal seeks to redevelop a now redundant community facility. The proposal also complies with policy U5 (School Provision) as it seeks to ensure that the existing primary school can continue to maintain an appropriate level of service with an increasing student population.
6.3 With regard to the impact
on the adjoining residential properties, the proposed change of use of St.
George’s Hall to classrooms will extend the site of the existing school
adjacent the property known as 14 Garfield Road. Main consideration is whether
the use of St. George’s Hall is going to adversely affect the occupants of
number 14 Garfield Road in particular and the adjoining residential properties
along Garfield Road.
7. Conclusion and Justification for
Recommendation
7.1 The determining factor is
whether the change of use of St. George’s Hall is going to result in any
adverse impact upon the adjoining residential properties. The existing building
lends itself well to being incorporated into the existing school complex, and
access to the hall will be via existing school playground with the existing
steps to the hall being removed and being replaced with fencing to prevent
access from Garfield Road. The proposed extensions to St. George’s Hall are to
the elevation facing the existing primary school and therefore I am of the
opinion that these will not cause any effect on the property known as number 14
Garfield Road. The building itself is situated roughly 8 metres off the
boundary with 14 Garfield Road and therefore I am satisfied that with
sufficient boundary treatment the proposal is unlikely to cause any adverse
affect on the property known as number 14 Garfield Road in terms of
overlooking.
7.2 With regard to the
alterations to the existing school building, these are of a minor nature and
therefore I am satisfied that they will not cause any adverse affect upon the
building itself or the immediate locality.
7.3 Having given due regard
and appropriate weight to all material consideration the proposed development
is acceptable and complies with the relevant policies of the Isle of Wight
Unitary Development Plan.
8. Recommendation
Conditional Permission.
Conditions/Reasons:
1 |
Time limit -
full - A10 |
2 |
Matching
materials - S01 |
7. |
TCP/10338/N P/00543/04 Parish/Name:
Freshwater Ward: Freshwater
Afton Registration
Date: 11/03/2004 -
Full Planning Permission Officer: Mr. A. Pegram Tel: (01983) 823575 Applicant: Mr & Mrs Finch Demolition of
existing building of 8 flats; construction of 2 storey building to provide 9
flats with associated parking & landscaping St. Martins,
Afton Down, Freshwater, PO409TY |
The application is
recommended for conditional permission.
REASON FOR
COMMITTEE CONSIDERATION
The site is
located outside the development boundary, within and adjacent areas with
special designations for landscape and nature conservation value thereby
raising issues which require careful consideration against the background of
relevant policies within the Unitary Development Plan.
1. Details of Application
1.1 Application seeks consent
for demolition of existing building containing eight flats and construction of
two storey building to provide nine flats with associated parking and
landscaping.
1.2 Proposed building would
occupy site of the existing structure, having virtually identical footprint.
The replacement would be two storeys in height under shallow pitched roof.
1.3 Seven of the proposed
flats would provide accommodation comprising lounge, kitchen, two bedrooms (one
with en suite facilities) and bathroom/wc and two would provide accommodation
comprising lounge, kitchen, bedroom and bathroom/wc.
1.4 Submitted plans indicate
that existing access and parking area will be altered and enlarged to serve the
proposed development with additional landscaping around the parking area and
between the parking bays.
2. Location and Site Characteristics
2.1 Application relates to
roughly rectangular site located on southern side of Military Road almost
directly opposite junction with Southdown Road, occupying elevated position
above Freshwater Bay. Site is bounded on southern side by public footpath which
runs along edge of cliff top.
2.2 Site is located in area
of sporadic development with building types comprising predominantly bungalows
and large detached houses, although the application site itself and property to
west provide flatted accommodation.
2.3 Existing building on site
provides accommodation on two floors although rooms at first floor level are
accommodated within the roof space with large number of dormer windows on all
elevations which dominate the roofscape. Elevations of building are finished in
render under a concrete tiled roof. The building has been used as holiday
flats, although there is no planning restriction to prevent them being occupied
as permanent residential units.
3. Relevant History
3.1 TCP/10338C/RD/6320W –
Planning permission for conversion of roof space to form five holiday flats
conditionally approved January 1970.
3.2 Land adjoining the application site has
been subject of several applications for residential development which have
been refused.
4. Development Plan Policy
4.1 The Countryside and
Rights of Way Act 2000, Part 4, Section 85, requires that, in exercising or
performing any function in relation to or so as to affect land in an AONB, a
relevant authority shall have regard to the purpose of conserving and enhancing
the natural beauty of the AONB
4.2 Site is located outside the development boundary as defined on the Isle of Wight Unitary Development Plan, within the Area of Outstanding Natural Beauty (AONB) and Heritage Coast. In addition site is located adjacent an area designated as a Site of Special Scientific Interest (SSSI) and a candidate Special Area for Conservation. 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
·
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
·
D1 – Standards of Design
·
D2 – Standards for Development Within the Site
·
D14 – Light Spillage
·
H4 – Unallocated Residential Development to be
restricted to Defined Settlements
·
H9 – Residential Development Outside Development
Boundaries
·
C1 – Protection of Landscape Character
·
C2 – Areas of Outstanding Natural Beauty
·
C4 – Heritage Coast
·
C8 – Nature Conservation as a material
consideration.
·
C10 – Site of National Importance for Nature
Conservation
·
TR7 – Highway Considerations for New Development
·
TR16 – Parking Policies and Guidelines
5. Consultee and Third Party Comments
5.1 Internal Consultees
·
Highway Engineer recommends refusal on grounds of
inadequate access by reason of inadequate width and visibility. He notes that
on submitted drawings, boundary hedging is to be retained at maximum of one
metre in height, although the hedges are currently around two metres high. He
considers that even if hedges are to be reduced to one metre, visibility would
still be inadequate due to curvature of the road and the site’s proximity to a
blind summit. Although the site is just within a 40 mile per hour speeds
restriction, approach speed from the brow of the hill tend to be in excess of
that limit which, together with the steep gradient on the A 3055 will greatly
increase the normal stopping distance of approaching vehicles. In addition, the
access width is inadequate for two vehicles to comfortably pass each other.
Whilst he appreciates that the access is already in use, and that the number of
units within the development is virtually unchanged from the existing, he
considers that the current building has a very run down appearance and as the
proposed flats will be larger, occupancy rates should be higher, resulting in
increased level of vehicle movements.
·
AONB partnership initially objected to the proposal
on grounds that increase in height and footprint of building and the excessive
use of glazing would detract from the special qualities of the Isle of Wight
AONB and Tennyson Heritage Coast. In particular, they commented that recent
developments within Freshwater Bay area are already likely to result in
incremental increases in illumination in this area.
Following
submission of revised plans and additional information providing a comparison
of the glazed areas within the existing building and the proposed development,
further comments were received from the AONB Partnership advising that the
changes to the scheme were, in their opinion, an improvement and have addressed
their main concerns in terms of level of glazing and potential for excessive
light pollution. It was also noted that, whilst the overall bulk is still
greater than the existing building, it was agreed that the proposed replacement
will generally result in an improvement.
5.2 External Consultees
None
received.
5.3 Town or Parish Council Comments
Freshwater
Parish Council object on ground of over development of the site and consider that
the height of the proposed building would be excessive and would have a
detrimental visual impact in an Area of Outstanding Natural Beauty. In
addition, the Parish Council consider that the Council should look at a
geotechnical report for the area and that the amount of parking provided should
be increased.
5.4 Neighbours
Four
letters received from local residents who, whilst not objecting to proposal,
raise the following issues/concerns:
·
Pitched roof will be great improvement but height
of elements running north south ending in glass atrium makes building
excessively high and obtrusive from Freshwater Bay.
·
Insufficient parking provision.
·
Use of existing access requires great care –
additional traffic may prove to be hazard.
·
Questions raised regarding boundary treatment.
·
One letter received from local resident objecting
to the proposal and raising additional issues to those detailed above are as
follows:
·
Replacement of holiday flats with permanent
residential flats constitutes a change of use.
·
Other development in the locality has already
eroded character of area.
·
Given elevated position of site, close to brow of
hill, building would dominate the Bay and overwhelm the approach into the Bay.
·
Development will infringe landscape of the area
designated as an AONB where existing buildings are low lying.
·
Loss of privacy.
5.5 The National Trust advise
that they own Brook, Compton and Afton Downs, Freshwater Cliffs and nearby
Tennyson Down. The purpose of this ownership is for the preservation of the
integrity of important areas of landscape for the benefit of the nation through
public enjoyment.
The National Trust does
not object to the principle of a replacement building on this site. However,
they do object to the scale of the building in the current proposal and express
the view that this is considerably larger than the one it is replacing. They
consider that this will create a dominating effect against neighbouring
buildings and will be out of keeping with the general area of Freshwater Bay. In
addition, they consider the design includes an unacceptable amount of glass
which is out of keeping with the area and will create unnecessary glare in
sunlight making the building easily seen from surrounding countryside,
particularly Tennyson Down.
6. Evaluation
6.1 The main issues in considering the
application are considered to be as
follows:
·
The principle of redevelopment of the site with
nine residential flats.
·
The scale, mass and design of the building and its
impact in the landscape.
·
Matters of highway access and car parking
6.2 Existing building is
arranged as eight flats which have been used as holiday accommodation. However,
there is no planning restriction applicable to this building limiting
occupation of the flats for holiday purposes only. Consequently, the Local
Planning Authority has no control over the occupation of these flats as
permanent or main residences. Therefore, I am satisfied that use of this site
for residential purposes has already been established.
6.3 Site is located outside
the development boundary as defined on the Unitary Development Plan. Therefore,
more restrictive policies will apply in this area which seek to prevent
development within the countryside and restrict new development to areas within
existing settlements defined by the development boundaries. However, certain
categories of development may exceptionally be permitted outside development
boundaries and, in particular, Policy H9 of UDP specifies the type of
residential development which may be permitted. These include proposals for a
replacement dwelling of similar scale and mass to the existing. Whilst St
Martin’s is sub-divided into flats, it is nevertheless a relatively large
building within the countryside and I consider it would be appropriate to apply
the replacement criteria in this instance. A similar approach was adopted on a
site closer to Freshwater Bay involving the demolition of a building, formerly
known as Promenade Flats, and redevelopment of the site with residential flats
now known as Tennyson View.
6.4 Site occupies position
elevated above Freshwater Bay and it is accepted that any building on this site
will be visually prominent. Therefore, careful consideration is required with
particular regard for the effect of the proposal on the designated landscape.
In this respect, whilst the proposed building would be higher than the existing
structure, it is considered that proposal would result in significant
improvement in terms of the design and general appearance of the building.
Therefore, I consider the proposal would make a positive contribution to the
landscape character of the area.
6.5 Concerns were initially
raised by the AONB Partnership that the development may have an adverse impact
on dark skies in this area arising from level of illumination from the site
and, in particular, the level of glazing proposed. Original submission
incorporated a glazed atrium above a central stairwell. However, following
negotiations, this element has been omitted from the scheme. In addition,
surveyor acting on behalf of the applicants submitted information detailing the
area of glazing within the existing building and a comparison with the proposed
development. This information showed quite a significant reduction in the area
of glazing in the proposed building and, following consultation with the AONB
Partnership, it is understood that the provision of this information has
overcome their concerns in this respect. It is also accepted that external
lighting on the building and within the car parking area could present a source
of light pollution in this area. However, should Members be minded to approve
the application, I would recommend that consent is subject to a condition
controlling the installation of external lighting.
6.6 Whilst noting the
objection from the Highway Engineer, I consider that a number of factors should
be taken into account in determining whether refusal of the application on
grounds of inadequate access would be sustainable. In this respect, Members
should note that site is presently occupied by building containing eight flats
and proposal would increase the number of units on site by one. Highway
Engineer accepts that increase in number of units is not significant but
expresses view that flats proposed would attract higher level of occupancy
leading to increased levels in vehicle movements. Concern has also been
expressed that the access is of inadequate width to enable two vehicles to
pass. Following discussions with the applicants agent, it is understood that
his client would be agreeable to widening the access to overcome this issue
and, in addition, confirms that the existing hedgerow along the roadside
frontage of the site, currently two metres high, would be reduced and
thereafter maintained at a maximum height of one metre. Therefore, I consider
that proposal would result in significant improvements to access arrangements
at this site and do not consider that refusal on grounds of inadequate access
would be sustainable.
6.7 Concern has also been
expressed by local resident and the Parish Council that proposal makes
inadequate provision for parking of vehicles. In this respect, submitted plans
show formal layout providing parking for a total of 12 vehicles, one for each
flat, one disabled bay and two visitor parking spaces. I consider that this
level of parking is acceptable for the type of development proposed and that
this would comply with the Council’s parking policies and guidelines. In
addition, I consider that any increase in the size of the parking area, to
accommodate additional parking spaces, would have a consequential impact on the
amenities and landscape character of the area.
6.8 In response to concern
raised by Freshwater Parish Council regarding ground stability issues,
consultations have been carried out with the Council’s Principal Coastal
Engineer. He has confirmed that site is not in an area of known or potential
instability, although a longer term risk may exist from coastal erosion. Consequently, he agrees that it would not be
necessary to require the applicant to submit a detailed geotechnical report for
the purpose of considering the planning application. However, he agrees that it
would be appropriate for any approval for development on this site to be the
subject of a planning obligation which would prevent the applicant or any
successors in title seeking construction of or improvement to the existing
coastal defences in the area.
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 redevelopment of the site as proposed represents an
acceptable form of development. In particular, I consider that the building
will be of superior design and appearance to the existing structure on the site
and would make a positive contribution to the landscape character of the area.
Furthermore, I am satisfied that proposal reduces the potential for light
pollution from window and door openings and that installation of external
lighting, for example on the building or within the parking area, can be
adequately addressed through imposition of relevant conditions.
8. Recommendation
Conditional
permission (subject to Section 106 Agreement ensuring that site owner and
successors in title will not seek any improvement or extension of the existing
coastal protection works and also no development of any kind or changes in
levels on land coloured in yellow on a plan to be attached to the Agreement).
Conditions/Reasons:
1 |
Time limit -
full - A10 |
2 |
Prior to works
commencing on site, details of a full levels survey, providing existing and
proposed levels within the site, finished floor level of the building and
finished ridge height, shall be submitted for the approval of the Local
Planning Authority. Thereafter, development shall be carried out strictly in
accordance with the approved details. Reason: In
the interests of the amenities of the area and to comply with strategic
policy S10 (Defined and Designated Areas) and Policy G4 (General Locational
Criteria for Development), D1 (Standards of Design), C1 (Protection of
Landscape Character) and C2 (Areas of Outstanding Natural Beauty) of the IOW
Unitary Development Plan. |
3 |
No development
shall take place until 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. |
4 |
All materials
resulting from the demolition of the existing building or excavated as a
result of general ground works, including site leveling, installation of
services or the digging of foundations, shall not be disposed of within the
area identified in red on the submitted plans. The material shall be removed
from site prior to the construction of the approved building proceeding
beyond damp proof course level. Reason: To
ensure that finished ground levels and height of building complies with
details submitted pursuant to condition 2, in the interests of the amenities
of the area and to comply with strategic policy S10 (Defined and Designated
Areas) and Policy G4 (General Locational Criteria for Development), D1
(Standards of Design), C1 (Protection of Landscape Character) and C2 (Areas
of Outstanding Natural Beauty) of the IOW Unitary Development Plan. |
5 |
Prior to work
commencing on site, the access to the site shall be increased in width to 4.5
metres in accordance with the plan attached to and forming part of this
decision notice. Thereafter, the access shall be retained and maintained in
accordance with the approved details. Reason: In
the interest of highway safety and to comply with policy TR7 (Highway
Considerations for new development) of the IOW Unitary Development Plan. |
6 |
Development
shall not begin until details of the design, surfacing and construction of
any new accesses and car parking 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. Development shall be carried out in accordance
with the approved details. Reason: In the interests of the amenities of the
area and to ensure an adequate standard of highway access and drainage for
the proposed dwellings and to comply with policy Strategic Policy S10
(Designated and Defined Areas) and Policies G4 (General Locational Criteria
for New Development), C1 (Protection of Landscape Character), C2 (Areas of
Outstanding Natural Beauty) and TR7 (Highway Considerations) of the IW
Unitary Development Plan. |
7 |
Visibility and
sight lines - J20 |
8 |
Prior to
occupation of any of the flats within the development hereby approved, the
hedgerow on the roadside boundary of the site shall be reduced in height and
thereafter maintained at a maximum height of one metre above the level of the
adjacent carriageway. Reason: In
the interest of highway safety and to comply with Policy TR7 (Highway
Considerations for New Development) of the IOW Unitary Development Plan. |
9 |
Prior to any
work commencing on site details of any lighting to be installed, either
mounted on the building or freestanding within the site, shall be submitted
for the approval of the Local Planning Authority. Thereafter, development shall be carried out strictly in
accordance with the approved details and no additional lighting shall be
installed/erected without the prior written consent of the Local Planning
Authority. Reason: In the interests of maintaining the
amenity value of the area and to comply with strategic policy S10 (Designated
and Defined Areas) and policies G4 (General Location 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 |
Withdraw PD
rights structures/fences etc - R01 |
11 |
Development
shall not commence until details of the facilities to be provided for the
storage of refuse have been submitted to and approved in writing by the Local
Planning Authority. No flat shall be
occupied until the facilities have been provided in accordance with the
approved details and the facilities shall thereafter be retained. Reason: To safeguard the amenities of the locality
and to comply with policy D1 (Standards of Design) of the IW Unitary
Development Plan. |
8. |
TCP/26902/ - P/00450/05 Ward:
Brighstone & Calbourne
Applicant: Mr
& Mrs Murray-Smith Demolition of
garage; construction of detached house with detached garage; detached garage, (application to be
determined by the Council's Development Control Committee) Sunnymeade, Moor
Lane, Brighstone, Newport, Isle of Wight, PO30 4DL |
This application
is recommended for conditional permission.
REASON FOR
COMMITTEE CONSIDERATION The applicant is
an employee of Planning Services and, in accordance with Standing Orders
which applied at the time this submission was received, the application falls
to be determined by the Committee. |
1. Details of application
1.1 Full planning consent is
sought for a detached house and garage and single garage for existing dwelling.
1.2 The dwelling will be accessed from an
existing entrance off Moor Lane to the east of the site.
1.3 The proposed dwelling
would provide accommodation comprising, entrance lobby/hall, lounge, dining
room, kitchen/breakfast room, utility and w.c. at ground floor level with three
bedrooms, one with an ensuite, family bathroom and study at first floor level.
2. Location and Site Characteristics
2.1 The site is located to
the east of Sunnymead, within an area currently used as a side garden to that
property on the corner of Moor Lane at the point at which the road forks.
2.2 Moor Lane contains a
variety of dwelling types, predominantly bungalows to the east of Moor Lane
with two storey dwellings neighbouring the site.
3. Relevant History
3.1 No relevant history.
4. Development Plan Policy
4.1 Planning Policy Guidance note 3: Housing.
4.2 Site is located within
development envelope as defined in Unitary Development Plan and is within a
landscape designated as an AONB. Relevant policies of the plan are considered
to be as follows:
S1 – Development will be
concentrated within existing urban areas
S6 – Development will be
expected to be of a high standard of design
S7 – Provision of
housing units on the Isle of Wight
G1 – Development
envelopes for towns and villages.
G4 – General Locational
Criteria
D1 – Standards of Design
D2 – Standards of
Development within the Site
H4 – Unallocated
Residential Development to be restricted to defined settlement
H5 – Infill Development
C1 – Protection of
Landscape Character
C2 – Areas of Outstanding
Natural Beauty
TR7 – Highway
Considerations for New Developments
TR16 – Parking Policies
and Guidelines
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 considers there to be no
highway implications
·
Areas of Outstanding Natural Beauty Partnership
have no objection to the proposal, and consider the design to be sympathetic to
the character of the area and local vernacular.
5.2 External Consultees
None
received.
5.3 Town Council Comments
The
Town Council are in agreement with application being granted.
5.4 Neighbours and Local Residents
None
received
6. Evaluation
6.1 Determining factors in considering this
application are:
·
Compliance with Unitary Development Plan Policies
·
Assessment of proposal against Supplementary
Planning Guidance
·
Design of proposed dwelling and Impact of proposal
on the area.
6.2 Site is located within the development envelope for Brighstone and is therefore considered acceptable in principle. The size of the plot is considered to be adequate to accommodate a dwelling of the size proposed.
6.3 The application complies
with Supplementary Planning Guidance on Infill Development specifically
paragraph 2.1 on appropriate infill sites and 4.1 and 4.2 on suggested garden
space.
6.4 This proposal has been
carefully designed in order to harmonise within the streetscene with a front
elevation appearing as a traditional cottage with a more contemporary design to
the other elevations which have little impact on the streetscene. The proposal
incorporates high level windows and roof lights in order to minimise any
potential impact on neighbouring properties, although the size of the site and
the position of the proposed dwelling is such that any overlooking unlikely.
6.5 The proposed garages are
simple in design incorporating similar materials to the proposed dwelling and
would have minimal impact on the character of the area.
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 proposed development of a detached dwelling
with detached garage can be accommodated on this site without having an
unacceptable impact on the environment or neighbouring properties and would not
detract from the visual amenities and character of the locality. The proposal
sits comfortably within the streetscene with sufficient space on site to
accommodate the proposed dwelling with adequate amenity space and retain
sufficient amenity space for the existing dwelling. In view of the above, I am
satisfied that proposal does not conflict with the policies of the Isle of
Wight Unitary Development Plan.
Conditions and
Reasons:
1 |
A10 |
Time limit -
full 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 |
UN1 |
Unique No development
shall take place until samples of materials and finishes including mortar
colour to be used in the construction of external surfaces of the development
hereby approved 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 |
UN3 |
Unique All material
excavated as a result of ground works including site leveling, installation
of services or digging of foundations, shall not be disposed of within the
site indicated in red on the submitted plans. The materials shall be removed from the site prior to the
construction of the dwelling proceeding beyond damp course level or such
other timescale as to be agreed with the Local Planning Authority. 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. |
4 |
M33 |
Boundary details 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 building hereby permitted is
occupied in accordance with a timetable agreed in writing with the Local
Planning Authority. 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. |
TCP/20191/C-P/003/05 Parish/Name: Newport Pan Ward Applicant: Mrs J Harvey Demolition of
building; outline for residential development of 7 units; alterations to
footpath between Robin Hood Street and Ash Road, Newport |
This application
is recommended for conditional permission.
REASON FOR COMMITTEE CONSIDERATION Following
consultation under the agreed delegated procedure, the local Member,
Councillor G Lumley, has requested that this application is considered by the
Development Control Committee for the following reasons: 1. Proposal represents overdevelopment
of site. Loss of privacy
for neighbouring properties. Lack of amenity
area for future occupants. |
1. Details of Application
1.1 Application seeks consent
for the demolition of the existing dwelling within the site and outline
planning permission (including siting only) for development of 7 residential
units with alterations to footpath between Robin Hood Street and Ash Road. With the exception of the siting of the
building, all other matters are reserved for subsequent approval.
1.2 Although seeking outline
planning permission only, submission was accompanied by floor plans and
elevational details, which the applicant’s agent has confirmed are for
illustrative purposes only. These plans
show 7 flats, predominantly one and two bedroom with 1 three bedroom unit. Accommodation is shown to be arranged on two
floors, although westernmost element of building has appearance of a single
storey unit when viewed from the adjacent footpath, with accommodation in the
roof space.
1.3 Site is defined by area
edged red on submitted plans and includes the public footpath which runs
between Robin Hood Street and Ash Road.
Covering letter which accompanies application indicates that it is
applicant’s intention to enhance this footpath, to include widening where possible
and provision of additional lighting along its length. It is considered that this should help
secure the safer use of the footpath and encourage more people to use
alternative forms of transport other than the motor vehicle. Relevant notice has been served on the
Council, as owner of the land over which the path passes, and applicant’s agent
suggests that requirement for zone 2 car parking (£750 per unit) is used to
contribute to this.
2. Location and Site Characteristics
2.1 Main body of site is
rectangular with frontage onto Robin Hood Street of approximately 18 metres and
depth of some 22.5 metres. Site is
presently occupied by detached dwelling, which has fallen into state of
disrepair and is need of renovation.
Site is bounded on southern side by footpath linking Robin Hood Street
with Ash Road.
2.2 Application site is
located in area which is residential in character and surrounded by buildings
of varying types and design. Site is
located close to town centre of Newport and is within approximately 75 metres
walking distance of the upper Coppins Bridge Car Park.
3. Relevant History
3.1 TCP/20191/A-P/01524/04 –
Application for demolition of dwelling and outline planning permission for
block of 9 flats refused in September 2004 on grounds that proposal would
represent an overdevelopment of the site at an excessive density, which in turn
would create conditions likely to give rise to overlooking, loss of outlook and
be of an overbearing nature to the detriment of occupiers of neighbouring properties
and the prospective occupants of the proposed development, as well as being out
of character with the prevailing pattern of development in the surrounding
area. No appeal was lodged.
4. Development Plan Policy
4.1 Planning Policy Guidance
Note 3: Housing, sets out Government’s policies on a range of issues relating
to the provision of housing and outlines the Government’s objectives in this
respect, which include to promote more sustainable patterns of development and
make better use of previously developed land, focusing additional housing
within existing towns and cities.
4.2 Site is previously
developed and therefore classified as a brownfield site, which is located
within the development envelope as defined on the Unitary Development Plan. Relevant policies of the plan are considered
to be as follows:
S1 – New development will be concentrated within
existing urban areas.
S2 – Development will be encouraged on previously
developed (brownfield) sites rather than undeveloped (greenfield) sites.
S7 – There is a need to provide for the
development of at least 8,000 housing units over the planned 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 development to be restricted to defined settlements.
H5 – Infill 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 Council comments
Not
applicable.
5.4 Neighbours and local residents
Application has attracted 6 letters from local residents objecting to proposal on grounds which can be summarised as follows:
·
Overdevelopment at an excessive density, out of
character with surrounding area.
·
Loss of privacy.
·
Lack of parking facilities on already busy
road. Road leads to a local school and
concerns have been expressed regarding highway safety.
·
Loss of light.
·
Lack of amenity area for future occupants.
·
No significant change from previous application
which was refused.
·
Adequacy of drainage is questioned.
6. Evaluation
6.1 Determining factors in considering this
application are as follows:
·
Whether redevelopment of site as proposed is
acceptable in principle.
·
Ability of site to accommodate development with 7
units with particular regard to its size and character of the surrounding area.
·
Whether absence of any on-site parking provision is
considered acceptable in this location.
·
Any other relevant technical matters which need to
be addressed.
6.2 Site is classified as a brownfield site within the development boundary as defined on the Unitary Development Plan and, consequently, its redevelopment for residential purposes is considered to be acceptable in principle.
6.3 Previous application
sought outlining planning permission for development of site with 9 flats and
was accompanied by illustrative plans showing a two and three storey building
on the site. Building was shown to be
in close proximity to common boundary with neighbouring properties and it was
considered that proposal represented over-development of the site and would
have detrimental impact on amenities of neighbouring properties, including
overlooking and loss of privacy.
6.4 Current application,
while seeking outline consent only, was again accompanied by floor plans and
elevational details, which applicant’s agent has confirmed are for illustrative
purposes only, showing 7 units within a building providing two storey
accommodation. However, when viewed
from adjacent footpath, westernmost element of building is shown to have
appearance of single storey unit with accommodation in the roof space. Plans indicate that majority of units would
have one or two bedrooms with 1 three bedroom unit. Whilst I have some reservations regarding the details shown on
these plans, I would emphasise that they are for illustrative purposes
only. Notwithstanding these concerns, I
am satisfied that site is of adequate size to accommodate 7 flats without
having excessive or adverse impact on amenities currently enjoyed by
neighbouring property occupiers. Should
Members be minded to approve the application, I would recommend that decision
notices accompanied by covering letter addressing those matters of concern
shown in the illustrative plans.
6.5 Site is located within
zone 2 of the Council’s Parking Policies and Guidelines where 0 to 25% of the
non-operational parking requirement would be applicable. The site is located close to the town centre
of Newport and other facilities and is within easy walking distance of the
upper Coppins Bridge Car Park. Many of
the properties in Robin Hood Street, to south of application site, have benefit
of off road parking. Furthermore, with
exception of relatively short section of road at northern end of Robin Hood
Street where parking restrictions (double yellow lines) apply, on street
parking is available in the road and, apart from certain times of day, for
example start of the school day, there does not appear to be a congestion
problem. Having regard to these factors
I consider that development of the site as proposed with no provision for
off-street parking would be acceptable.
In particular, I consider that development of this site is likely to
result in the provision of one or two bedroom units which are unlikely to
generate high demand for parking facilities.
In the absence of any objection from the Highway Engineer, I do not
consider that refusal on grounds of insufficient parking would be sustainable.
6.6 I consider that proposal
satisfies objectives of making most efficient use of land within urban areas
providing accommodation for which there is an identified need. Given nature of development, i.e. provision
of flats, which are likely to be more affordable one and two bedroom units, I
do not consider that refusal on grounds of lack of amenity area would be
justified. Modest size amenity area
would be provided to rear of building which could be made available for
communal purposes, including the secure parking of bicycles.
6.7 Concern has been
expressed that proposal is out of character with the surroundings and will
result in overlooking and loss of light to adjoining properties. The presence of the footpath provides an
opportunity to provide a secondary frontage to this development and would, to a
certain extent, mimic the orientation of the bungalow to the west, which
aspects onto this path. With regard to
issues of overlooking and loss of light, I would remind members that this is an
outline application and that these are detailed matters more appropriate to the
consideration of an application for approval of reserved matters or full
planning permission.
6.8 Applicant’s agent has
submitted results of a capacity check on drainage system carried out by
Southern Water. This indicates that
there is sufficient capacity in the foul system to accommodate foul flows from
the proposed development. However, Southern
Water suggests that surface water flows should be taken out of the combined
system. This could be disposed of by
some other method, for example by soakaway, subject to building regulation
approval, or to a highway storm water system.
In this respect, I understand following discussions with a Highways
Technician Engineer that a highway storm water drain runs under the path along
the southern boundary of the site and eventually discharges into the river
Medina. I consider that this would
provide an acceptable alternative means of disposing of surface water from the
proposed development.
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 proposal for redevelopment of this site for
residential purposes is acceptable in principle and that site is of sufficient
size to accommodate 7 units without having excessive or adverse impact on
neighbouring properties. Furthermore, I
am satisfied that, given location of site close to town centre and within easy
walking distance of local parking facilities, development without provision for
off-street parking is acceptable in this instance. I consider that proposal satisfies objectives for making
efficient use of land within existing settlements and do not consider there to
be any sustainable reasons for refusal of planning permission.
8. Recommendation
Approval. (Covering letter to accompany decision
notice addressing matters of concern arising from illustrative plans)
Conditions and
Reasons:
1 |
A01 |
Time limit -
outline |
|||
2 |
A02 |
Time limit -
reserved |
|||
3 |
Approval of the
details of the 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 |
Surface water
drainage from the development hereby approved shall be disposed of to the
existing storm water drain or to soakaways and shall not be disposed of to
the foul/combined sewer. Details of
the method of disposal of foul and surface water shall be submitted to the
Local Planning Authority prior to any work commencing on site, indicating
connection 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.
The development shall not be occupied until such systems have been
completed in accordance with the approved details. Reason: To ensure adequate system of foul and
surface water drainage is provided for the development in accordance with
policy U11 (Infrastructure and Services Provision) of the IW Unitary
Development Plan. |
||||
5 |
Prior to any
work commencing on site, including demolition of the existing property and
site clearance, a scheme for the widening of, improvements to and provision
of lighting along the footpath adjacent to the southern boundary of the site,
which links Robin Hood Street with Ash Road, shall be submitted to and
approved by the Local Planning Authority.
Such scheme shall be implemented in full prior to occupation of any of
the flats within the development hereby approved and thereafter maintained in
accordance with the approved details. Reason: To ensure
adequate safe provision for facilities for pedestrians and cyclists and to
comply with policy TR6 (Cycling and Walking) of the IW Unitary Development
Plan. |
||||
6 |
No flat within
the development hereby permitted shall be occupied until space has been laid
out within the site in accordance with details that have been submitted to
and approved by the Local Planning Authority for the secure storage of 7
bicycles. 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
encourage alternative means of travel and to comply with policies TR6
(Cycling and Walking) and TR16 (Parking Policies and Guidelines) of the IW
Unitary Development Plan. |
||||
7 |
An application
for approval of reserved matters submitted pursuant to this outline consent,
or for full planning permission, shall make provision for 7 one and two
bedroom flats only and shall not include units with 3 or more bedrooms. Reason: In the interests of the amenities of
future occupants of the development and to comply with Policy D1 (Standards
of Design) of the Isle of Wight Unitary Development Plan. |
||||
8 |
Any windows to be
installed at first floor level in the northern elevation of the building
shall be high level, with minimum cill height of 1.7m above floor level, or
shall be fixed shut and finished with glass panels which have been rendered
obscure as part of the manufacturing process to Pilkington Glass
classification 5 standard (or equivalent for glass supplied by an alternative
manufacturer and shall be stained to this specification thereafter). Reason: In the interests of the amenities and
privacy of adjoining property occupiers and to comply with Policy D1
(Standards of Design) of the Isle of Wight Unitary Development Plan. |
||||
ANDREW ASHCROFT
Head of Planning
Services