PAPER B1

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL SUB COMMITTEE - TUESDAY 14 FEBRUARY 2006

REPORT OF THE HEAD OF PLANNING SERVICES

WARNING

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

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

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

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

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

Background Papers

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

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

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

LIST OF PLANNING APPLICATIONS REPORT TO COMMITTEE - 14/02/2006

01	P/00341/05 TCPL/21515/E (Joint with Item 2)	Cowes	Conditional Permission
	Land forming part of Egypt House, Egypt Hill, Cowes Three pairs of semi-detached houses, three detached houses (nine in total); formation of vehicular access and parking provision (reduced density, revised design) (readvertised application)
02	P/00513/05 LBC/21515/F	Cowes	Conditional Permission
	Land forming part of Egypt House, Egypt Hill, Cowes LBC for demolition and rebuilding of collapsed wall in connection with proposed three pairs of semi-detached houses, three detached houses (nine in total); formation of vehicular access and parking provision, (reduced density, revised design) (readvertised application)
03	P/02243/05 TCP/19064/W	Ryde	Conditional Permission
	Ryde County High School, Pell Lane, Ryde, PO33 3LN Floodlit multi-use games area and extension to provide additional changing rooms (revised scheme) (readvertised application)
04	P/02457/05 TCP/25569/A	Cowes	Conditional Permission
	Site of, Medina Garage, 28 Newport Road, Cowes, PO31 7PW Construction of 3 storey building to form 13 flats to include accommodation within roofspace; parking and alterations to vehicular access
05	P/02291/05 TCP/25588/A	Ventnor	Conditional Permission
	section of beach opposite Riviera, 3, Esplanade, Ventnor Retention of shed for sale of crab and fish

LIST OF OTHER MATTERS NOT RELATING TO CURRENT PLANNING APPLICATIONS

ON REPORT TO COMMITTEE – 14 FEBRUARY 2006

(a) P/00658/04 - TCP/21195/E Stratford House, St. Thomas Street Ryde

01 & 02

Reference Number: P/00341/05 - TCPL/21515/E Parish/Name: Cowes - Ward/Name: Cowes Castle East Registration Date: 18/02/2005 - Full Planning Permission Three pairs of semi-detached houses, three detached houses (nine in total); formation of vehicular access and parking provision (reduced density, revised design) (readvertised application) Reference Number: P/00513/05 - LBC/21515/F Parish/Name: Cowes - Ward/Name: Cowes Castle East Registration Date: 11/03/2005 - Listed Building Consent LBC for demolition & rebuilding of collapsed wall in connection with proposed three pairs of semi-detached houses, three detached houses (nine in total); formation of vehicular access & parking provision, (reduced density, revised design) (readvertised application) Officer: Mr J Fletcher Tel: (01983) 823552 Applicant: Heritage Properties Land forming part of Egypt House, Egypt Hill, Cowes, PO31

These applications are recommended for Conditional Permission subject to a Section 106 Agreement.

REASON FOR COMMITTEE CONSIDERATION

This is an important application which will have a significant impact on both the Cowes Conservation Area and the adjoining Listed Building and which has attracted a number of representations and therefore the application falls to be determined by the Development Control Committee.

1. Details of Application

1.1 Consent is sought for a development which has been revised from 13 units to 9 units as itemized below:

· Unit 1 – Split level (single/two storey) semi-detached three bedroomed house

· Unit 2 – Split level (single/two storey) semi-detached four bedroomed house with integral garage

· Unit 3 – Three storey detached five bedroomed house with integral garage

· Unit 4 – Three storey detached five bedroomed house

· Unit 5 – Three storey detached five bedroomed house

· Units 6, 7, 8 and 9 – Three storey semi-detached four bedroomed houses

1.2 In all cases the upper floor accommodation is with the roof space.

1.3 A total of 16 parking spaces inclusive of the two integral garages are provided on site.

1.4 The development is to be contained within the formal walled garden which served Egypt House and which rises in a southerly direction terminating with a frontage onto an access road off Egypt Hill.

1.5 In terms of arrangement and height of dwellings, units 1 to 3 have been positioned at the lower level of the site, east of Egypt House and having a ridge height which equates virtually with the ridge height of the adjoining Egypt House. Units 1 and 2 are 1½ storeys in height with the first floor being within the roof space. Unit 3 will be situated adjacent units 1 and 2 but at the eastern end having a frontage onto Egypt Hill.

1.6 Units 4 and 5 step up the hill and have frontages onto Egypt Hill. Unit 5 also has a frontage onto the access road off Egypt Hill.

1.7 Units 6 and 9 inclusive are located on the higher area of the site and will stand behind units 1 and 2.

1.8 Site will have an ingress only access off Egypt Hill formed by creating an opening in the existing stone boundary wall with that access point being situated approximately 42m north of the access road off Egypt Hill. A new 3.6m shared surface access road to be formed through the site between the units 1 to 3 and units 4 to 9 with that access road being in the form of a one way flow egressing onto the access road off Egypt Hill at a point some 60m west of the junction with Egypt Hill.

1.9 In terms of materials, the houses are to be finished in mainly red brick with decorative brickwork features, canopied bay features, balconies, and decorative barge boarded gables under plain red tiled roofs. The lower units are to be provided with strong chimney features of similar appearance to Egypt House. Proposal also provide for the building of the former garden wall along the front boundary of the application site where it abuts the existing grassed open space area which serves Egypt House. The existing stone boundary wall is to be retained apart from the formation of the access off Egypt Hill as previously described.

1.10 Submitted plans indicate both retention of and proposed planting scheme with particular reference to the tree belt along the southern boundary where it abuts the existing access road.

1.11 Application is accompanied by a Supplementary Design Statement reflecting the amended scheme which is attached to this report as an addendum.

1.12 Application is also accompanied by a Stability Report prepared by a geotechnical engineer the conclusions of which are as follows:

· The site investigation carried out indicates the proposed building lies at the base of the present coastal slope and probably straddles the toes of a deep relict landslide that extends the full height of the slope. This landslide is thought to have occurred at a time of lower sea level. The factory of safety on this ‘fossil’ landslide is about 1. It may therefore be termed critically stable, ie removal of a load at the toe. As the slide is already at residual strength providing development of the slope is properly controlled any movement is likely to be small ie just sufficient to bring it back to equilibrium

· The scheme has been designed to increase the loading on the site by importing material to raise the ground in front of the buildings; to site the buildings so that there is no net excavation; to split the buildings structurally to allow differential movement between them and to found the buildings on piles. It is recommended that the surface water drainage should be discharged off site.

· It is concluded that this is done then there would be no reduction in stability during construction and a small increase in stability thereafter and the buildings will remain unaffected by any ground strains that may occur.

2. Location and Site Characteristics

2.1 Egypt House and its curtilage are located on the south western corner of the junction of Egypt esplanade/Queens Road with Egypt Hill. The area of the curtilage which is the subject of the application is to the south east of Egypt House and consists of a formal walled garden area which served that property.

2.2 This is a rectangular 0.35 hectare site having a gentle slope from east to west with a steeper slope from south to north. It has a 65m frontage length onto Egypt Hill and a 50m frontage onto the access road of Egypt Hill which serves both the recent development known as Egypt Copse which is further to the south and the long standing properties East and West Dormers, Hardwicke and Landfall further to the west.

2.3 The original brick wall which runs east west across the frontage of the site only partially exists but forms the boundary between the uncultivated former garden land and the formal lawned garden area which fronts Egypt Esplanade. At the eastern end the wall stands and the old bay foundation forms a 0.5m step across the site between the two gardens.

2.4 Site is treed particularly at the southern and abutting the western boundary. There are also individual trees and groups of trees within the garden area. The Egypt Hill/Egypt Esplanade boundary to Egypt House is in the form of a prominent stone wall. There is also recent new tree planting within the site abutting the southern boundary.

2.5 Egypt House itself which is situated with the western area of the overall curtilage is visually prominent both from Egypt Esplanade and the junction with Egypt Hill with Egypt Esplanade. The property, which is a Grade II Listed Building, is substantial in size finished in red brick under a tiled roof containing a number of features including buttresses with diagonal brick cornices and more significantly crenellated parapet walls. Other features include two storey brick bay topped with triangular gable that extends up above the parapet. The eastern elevation is simpler in form. The building also contains a tower which has arched doors and windows and forms a link between the two elevations.

3. Relevant History

3.1 Most relevant history relates to a planning and listed building application for two/five storey building to provide 20 flats with associated facilities and parking provided at below ground level and landscaping. Both applications were refused in January 2004 with reasons being summarised as follows:

· Excessive scale, mass and height, being intrusive and over dominant when viewed from Egypt Esplanade and therefore out of character with the pattern of development in the area.

· Overall scale, mass and height and extent of footprint would adversely affect the setting of Egypt House which is a Grade II Listed Building thus compromising its character and quality.

· Proposal fails to provide adequate information as to how affordable housing will be provided.

· Information accompanying the application was inadequate and efficient in respect of method of surface water and foul drainage discharge.

· Proposal affords insufficient provision to safeguard wildlife under the Wildlife and Countryside Act 1981

3.2 The only other relevant planning history relates a Listed Building and Planning Consent which was granted in May 1996 for the conversion of part of Egypt House to form an additional self-contained living unit.

4. Development Plan Policy

4.1 National policies covered in PPG3 – Housing, March 2000 with relevant issues as follows:

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

· Give priority to reusing previously developed land within urban areas to take pressure off development of Greenfield sites.

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

· Emphasis on the need for good quality design and encourage efficient use of land without compromising the quality of the environment.

· Document advises that new housing development should not be viewed in isolation but should have regard to the immediate buildings in the wider locality.

· More than 1.5 off-street parking spaces per dwelling is likely to reflect Government’s emphasis on sustainable residential development.

4.2 PPG14 – Development on Unstable Land, Landslides and Planning and Xi 1996 raises the following issues:

· In relevant areas policies should seek to minimise the impact of landslides on development by controlling or restricting development where appropriate.

· Policies should outline considerations which will be given to land sliding including the criteria and information requirements which should be used in determining planning application.

· Where appropriate planning applications should be accompanied by a Slope Stability Report which demonstrates that the site is stable or can be made so and will not be affected by or trigger land sliding beyond the boundaries of the site.

· It states that it is not the Council’s responsibility to ensure safe development with that responsibility resting with the applicant and the developer. The Council must carry its best endeavours to ensure that site is capable of supporting the development.

4.3 PPG15 – Planning and the Historic Environment covers the following issues in respect of both the setting of the Listed Building and the site’s inclusion in the conservation area:

· New building should be carefully designed to respect their setting, follow architectural principles of scale, height, massing and alignment and use appropriate materials.

· The relevant act requires planning authorities to give special regard to the desirability of preserving the setting of listed building pointing out that the setting is an essential part of the building’s character especially if gardens or grounds have been laid out to compliment its design function.

· Developer should assess likely impact of their proposals on the special inters of the site or structure and provide appropriate information indicating an understanding of that impact.

· The document states that while the listing of a building should not be seen as a bar to all future change, the starting point of the exercise of listed building control is the statutory requirement on local planning authorities to have special regard to the desirability of preserving a building or its setting of any features of special architectural or historical interest it possesses.

With regard to the site’s inclusion in the conservation area the following issues need to be considered:

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

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

· Local authorities should ensure that they can call on sufficient specialist conservation advice to inform their decision making and to assist owners and other members of the public.

· Emphasis on the need for pre-application discussions.

· Need to involve the expertise of English Heritage.

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

· Document makes specific reference to section 72 of the Planning (Listed Building Conservation) Act 1990 which requires special attention needs to be paid to ensuring preservation and enhancement of the character r appearance of a conservation area.

4.4 Local Plan Policies

Site is within the development envelope boundary for Cowes, is within the recently extended Cowes Conservation Area (confirmed September 2004) and is within the curtilage of a Grade II Listed Building.

4.5 Relevant Strategic Policies are as follows:

S1, S2, S6 and S10

Other relevant policies area as follows:

· G4 – General Locational Criteria for Development

· D1 – Standards of Design

· D2 – Standards for Development within the Site

· D3 – Landscaping

· B2 – Setting of Listed Buildings

· B6 – Protection and Enhancement of Conservation Areas

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

· TR7 – Highway Considerations for New Development

· TR16 – Parking Policies and Guidelines

· TR6 – Cycling and Walking

· U11 – Infrastructure and Services Provision

· G7 – Unstable Land

· C8 – Nature Conservation as a Material Consideration

· U2 – Ensuring Adequate Educational, Social and community Facilities for the Future Population.

4.6 Members’ attention is also drawn to the Cowes to Gurnard Coastal Slope Stability Study commissioned by the Council in 2000. The study area extends from Market Hill in Cowes through to Gurnard Marsh and inland as far as Baring Road and Solent View Road. The main objective of the study was to review the stability of the coastal slopes and provide guidance for future planned development. In terms of the current application site, it is within an area defined as normally requiring submission of forced ability report prepared by a competent person which, as the document advises, should be a geotechnical engineer. This information has been provided as part of the application.

4.7 Site is located within parking zone 3 of the Unitary Development Plan which stipulates a maximum of 0-75% parking provision for this site. The guideline figure is a parking space per bedroom. The site’s location within zone 3 puts it outside the need for any transport infrastructure payment.

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Highway Engineer recommends condition should application be approved.

· The initial scheme has been considered by the Architects Panel whose comments are summarised as follows:

· Panel considered that generally the scheme works well and uses the levels of the site appropriately. The traditional design approach was considered to be consistent, properly reflecting the appearance of the adjoining Listed Building.

· Some concern expressed by the Panel at the apparent closeness of the new build to the Listed Building with a view that more space needed to be created to reduce impact on the setting of the Listed Building.

5.2 External Consultees

· Environment Agency continue to raise no objection which was their view in terms of the original refused application but recommend conditions covering provision of a surface water drainage scheme, maintenance of a tidal flap, insertion of trap gulleys and clear identification of foul and surface water drainage system.

· In view of the site’s location within a conservation area and adjacent a listed building, English Heritage’s comments have been sought which are summarised as follows and relate to the initial proposal for 13 units which Members will note has been reduced to 9 units following consideration of some of the points originally raised by them:

· EH content with the principle of development on this site but were note convinced that the initial proposal for 13 units had fully addressed the previous reason for refusal.

· Concern related to the relationship of the proposed scheme with the listed building which it was essential should retain its prominence as the principal building on the site.

· Emphasis on the need to ensure that the setting of Egypt House with particular reference to the tree cover is respected in order to retain the spatial nature of the pattern of development in the area. This pattern is only spoilt by poor developments to the rear and south side.

· EH stresses the importance of complying with PPG3 advice that development should not be at the expense of the environment.

· EH stresses the importance of retaining a landscape setting expressing particular concern that the lack of such landscaping on the initial scheme between the front unit and the rear units. Without the softening effect of trees, EH expresses concern that the semi-detached pairs to the rear of the site would appear excessively dominant.

· General advice that the initial scheme needed further refinement to provide a landscape framework with buildings within it. Concern was expressed that little opportunity for meaningful tree space was provided within the layout and suggested that substantial three storey houses should be set at the south end of the site. Similarly, the type of substantial or three storey houses being proposed would traditionally have been set within their own large gardens.

· EH considers that the provision of PPG15 regarding enhancement of the setting of listed buildings along with the provisions of PPS1 which seeks to reinforce character and context should be the guiding principles in respect of this development.

· EH concluded that, “overall I cannot be positive regarding this revised scheme in my view the proposals do not sufficiently address the earlier reasons for refusal and we would therefore encourage further negotiations by the Planning Authority and the Design and Conservation Team.”

Following receipt of the revised proposals in respect of the 9 units, English Heritage have requested to be consulted. Their comments can be summarised as follows:

· Proposal appears to be an overall improvement to the earlier scheme however, suggest that proposed house types from units 6 to 9 are varied so as not to look identical.

· They encourage additional tree planting on the edge of Egypt Hill near to the site entrance.

· Observations are made in respect of the close visual proximity of unit 4 to the wall.

· They suggest that due to the fundamental importance of landscaping to this proposal a careful selection of larger tree species are used in order that they can give a real presence in the landscape over time.

· The final recommendation requests that the above issues are considered but recommend that the application should be determined in accordance with national and local policy guidance.

5.3 Town or Parish Council Comments

· Cowes Town Council raise no objection to the initial proposals. Town Councillors also raised no comment in respect of the revised proposals covering the reduced density.

5.4 Third Party Representation

· The initial proposal in relation to 13 units attracted 44 letters of objection; seven from residents of Egypt Copse, seven from residents of Queens Road, nine from Cowes residents, three from mainland addressed, three from residents of Wootton and one each from High Street, Cowes, Egypt Esplanade, neighbouring property to west, Trinity Church Lane, Ryde resident, the Isle of Wight Industrial Archaeological Society, the Isle of Society, a Brading resident, Cowes Heritage, National Trust, Wight Squirrel Partnership and the CPRE.

· Members are advised that the reduction in density from 13 to 9 units has been re-advertised and this has resulted in receipt of 20 letters of objection.

· With regard to points raised within the letters of objection in respect of the initial proposals for 13 units these are summarised as follows:

· Overdevelopment.

· Scheme has an unacceptable impact on the setting of Egypt House which many writers consider to be of significant importance to the seafront of Cowes, recognised by the fact that it is now within the Conservation Area.

· Some criticism of the architectural detailing being inappropriate in relation to Egypt House.

· Some writers consider that the applicant has failed to address affordable housing.

· Proposal will result in an increase in traffic generation in the area of Egypt Hill causing hazards to existing road users.

· Proposal fails to provide sufficient parking given the size of the units and thus resulting in likely impact on on-street parking.

· Proposal fails to preserve or enhance the Conservation Area.

· Concern by one writer who lives adjacent to the south, that overlooking will occur from the proposed dwellings.

· Some concern expressed regarding the height and impact of the turret features (these have now been omitted from the revised reduced density scheme).

· Concern that the proposal will result in ground instability problems.

· Any development on this site will impact on the unique sylvan setting which is an important feature of the setting of Egypt House.

· Construction work will cause extreme disruption to local residents.

· The proposal is contrary to UDP policies.

· Concern that the proposal will have an impact on protected species with particular reference to squirrels.

· Concern that the access proposal will cause difficulty for emergency vehicle use.

· With regard to the contents of the 20 letters of objection received following the re-advertisement, the points raised within those letter merely reiterate those itemised above with additional points as follows:

· A number of writers acknowledge that the scheme is an improvement over that which was previously refused with particular reference to reduced density and mass however, there still remains a concern that the current proposal (9 units) continues to be excessive in scale and mass and as such fundamental objections still remain.

· Reduction to 9 units still represents an over development of the site having an unacceptable impact on the setting of Egypt House.

· Apparent lack of any provision for refuse collection.

· Concern that the weight of construction will have an adverse impact on slope stability.

· Concern that the proposed entrance and exit access road whilst having some merit, will cause problems in respect of the access road off Egypt Hill with particular reference to conflict with residents of Egypt Copse to the south. One objector considers that any development on this site should be restricted to three detached houses.

· One objector expresses concern regarding the loss of a short length of boundary stone wall to create the access.

· A general concern that the three storey height of the upper row of houses represents an over dominant feature adversely impacting on the setting of Egypt House.

6. Evaluation

6.1 Members will note that this site has been the subject of a step by step reduction in density and in the view of the applicants a subsequent reduction in scale, mass and impact on Egypt House. Obviously, the main consideration is whether or not applicants have, through the vehicle of negotiation, achieved a scheme which satisfies the requirement to respect the setting of the listed building and preserve and enhance the conservation area, therefore the material considerations in this case are itemized as follows:

6.2 Density/scale

Members will note from the contents of the Design Statement that the applicants have made some strides in addressing, in their opinion, those points of concern and there is no doubt that this scheme sits far more comfortably within the character of the site and more importantly respects the setting of the listed building although it is accepted that this will not be everybody’s view.

6.3 The role English Heritage is particularly important in this case and essentially the delay in this application coming before Members followed a specific request by the applicant to continue the negotiating process following the comments of English Heritage. In fact, some direct discussions with English Heritage have taken place with the Council’s Conservation and Design Team being involved and the net result is the submission of this revised proposal reducing the density to nine units.

6.4 Your officers are of the view that the general arrangement of dwellings, the methodology of servicing the site in terms of access and parking does provide a greater opportunity for landscaping to be introduced not only around the edges of the site but also to provide important landscaping within the site. Such tree planting will need to be strategically sited to ensure that the units still retain a sea view whilst providing that important element of backdrop to the ‘almshouses’ in the forward part of the site. The applicants clearly, in their design statement, recognise that one of the characteristics of the area is the landscaped setting referred to in the report as a general ambience of the area giving the impression of a series of terraces or platforms of development forming a linear pattern across the north facing hill slope.

6.5 Architectural Approach

Members will note that the architectural approach is traditional in nature reflecting a style which should compliment the architecture of Egypt House without competing with it. Members should note that there is a good example of traditional almshouse further to the east of Queens Road and there are certainly some similarity in scale and style to that existing building.

6.6 The importance of choice of brick and tile along with ensuring that the detailing accurately reflects the style of architecture being aimed at in this case is clearly of extreme importance if this scheme is to satisfy the test of preservation and enhancement of the Conservation Area and respecting the integrity of the adjoining listed building. Certainly, if Members are mindful to approve the application conditions would need to be applied covering these issues.

6.7 The amended application has been considered by the Council’s Conservation and Design Team following the receipt of additional comments from English Heritage. The team welcomes the restraint and simplicity of the almshouse style row at the north of the site and did not feel that comments, made by English Heritage, were sufficient to require further work from the applicant at this stage and was not sufficient to justify refusal of the application on these grounds.

6.8 Landscaping

As mentioned above the issue of landscaping will be of equal importance both in terms of retention of trees with particular regard to the southern boundary and the introduction of landscaping within the scheme. There would also be the need to set up a management company to ensure such landscaping is suitably administered. Again, I suggest that conditions could cover this issue with there being an expectation that such a scheme will be prepared by a suitably qualified landscape architect who is able to respect the traditional approach to ensure that tree choice is such that they will not grow to such a height where they will become both a nuisance to residents of the new development but more importantly, to the residents of the development which abuts to the south (Egypt Copse).

6.9 In terms of the concerns relating to parking and general generation of traffic, whilst accepting these are large units, essentially the provision of parking is in the main restricted to two spaces per unit which it is suggested is adequate given national advice and any residents will be aware that, that is the limit of parking available. In any event, this is a relatively modest density of development which should not impinge unduly on traffic in the area. It is pointed out that the development of Egypt Copse is a relatively modern development of approximately ten large detached units which to my knowledge has caused no major problems in terms of traffic movement and on-street parking.

6.10 Access

The initial scheme indicated that the site would be solely accessed off the access road abutting the southern boundary. The reduced density scheme now indicates an ingress off Egypt Hill and an egress off the access road abutting the southern boundary with the access road within the site being a one way system. This has enabled as previously stated a freeing up of the site with the access and parking having a reduced impact on the general layout and arrangement of dwellings. Yours officers consider that there is not reason why such a proposal is not workable. By ingressing off Egypt Hill there is no requirement to achieve a visibility splay and therefore essentially that stone boundary wall is to be retained. The width of the access road is perfectly capable of accommodating emergency vehicles and therefore provides an acceptable solution.

6.11 Drainage

The issue of drainage has been addressed and in this regard, the application is accompanied by copy correspondence which has take, place involving Southern Water. This correspondence refers to the need to divert an existing sewer and the application allows for an easement to be provided in the western area of the site for this to be achieved. The correspondence also acknowledges that there is insufficient capacity in the existing sewer in the area for any additional flow although Southern Water will allow the connections of foul flows only from the new house to take place. This means that at least part of the roof water from the existing buildings would have to be removed from that combined sewer. The end result of this situation is a recommendation that surface water be discharged through a new sewer discharging into the sea which would have the effect of taking surface water out of the equation in terms of the combined sewer leaving capacity for the foul drainage. Such a proposal providing suitable safeguards that are inserted as required by the Environment Agency; this information is more than sufficient to address one of the previous reasons for refusal.

6.12 The ground stability report has been examined both in relation to a 13 unit site and the lesser density of 9 units by an independent geotechnical engineer who has concluded that the proposed development will not “initiate” any instability. However, should other developments, or change in regional conditions, cause a deterioration of regional stability conditions then there remains the potential for the site to be affected by them. The proposed measures however should bring about a slight improvement in respect of existing conditions on site and subject to the correct detailed design at building control stage; the development should not be affected by foreseeable instability originating outside the area of the development. The engineer outlines that the report submitted is technically sound and the conclusions drawn and recommendations in support of the planning application. The geotechnical engineer has confirmed that it would be unreasonable to expect any development to stabilise the local area and as such sees no reason why a planning consent cannot be granted in respect of compliance with PPG14.

6.13 Members will note that the reduced density results in the scheme being less than ten units and therefore outside the threshold which would normally trigger a requirement for financial contribution. Incidentally, the proposal being under 15 units is under the threshold figure for the provision of affordable housing in any form.

6.14 I have assessed however, the resultant density is 26.5 units per hectare, which Members will note is below the 30-50 units per hectare advised in PPG3. However, in the light of the need to respect the conservation area and the setting of the listed building, I consider that there is sufficient justification for this apparent under development of the site. However, I consider it is not unreasonable in this case to consider the application on the basis of the low density figure of 30 units per hectare, which if applied to this site would require a minimum of 10.5 units. Therefore, on the basis that these figures are rounded up, I have assessed the financial contributions on the basis that the site should accommodate 11 units and therefore any contributions are based on this density. This matter has been raised with the applicants who are in agreement to making contributions on the basis of this level of density and therefore a contribution of £23,595 will be required in respect of education payments and a contribution of £3,190 will be required in respect of contributions to upgrading local open space and recreation facilities. If Members are mindful to approve the application then these contributions will be dealt with under the auspices of a Section 106 Agreement which should also included the setting up of a registered management company to administer landscaping. Such landscaping proposals will need to ensure the continuation of the tree belt along the southern boundary thus providing suitable habitat for red squirrels.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to the matters discussed in the evaluation section your officers are satisfied that the development of this part of the curtilage of Egypt House, a Listed Building, has been sensitively handled and the reduction in density now being proposed has enabled a scheme to be achieved which will not over dominate the existing listed building and will satisfy the test of preservation and enhancement of a conservation area. It is important to appreciate that this area off the curtilage of Egypt House is generally unmanaged and contributes little to the appearance and whilst accepting the introduction of a development of this level will impact. The test is whether that impact will in itself contribute and in this case provided a high quality of landscaping is introduced along with high quality houses using appropriate materials, your officers consider that this proposal will contribute to the setting of the listed building as opposed to detracting from it. Therefore, the application is recommend accordingly.

7.2 All other issues relating to drainage, ground stability, provision of parking, access etc. have also been satisfactorily dealt with and these along with the contribution issues under the 106 Agreement should provide a level of benefits from this development.

8. Recommendation

To grant Conditional Permission to both applications subject to a condition requiring the entering into a Section 106 Agreement covering the above mentioned contributions.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	Development permitted by this planning permission shall not be initiated by the undertaking of material operations as defined in Section 56 (4) a - d of the Town and Country Planning Act 1990 in relation to the development until planning obligations pursuant to Section 106 of the said Act relating to the land has been made and lodged with the Local Planning Authority and the Local Planning Authority has been notified by the person submitting the same that it is to the Local Planning Authority's approval. the said Planning Obligation will provide for an education contribution of a) £23,595 and b) an open space contribution of £3,190 towards the upgrade of local open space and recreation facilities, c) the setting of a registered management company for the purposes of establishing management responsibilities and maintenance schedules in respect of any communal space or hard and soft landscaped areas not within the curtilage of any of the properties hereby approved. Reason: To ensure education facilities, open space in accordance with U2 (Ensuring Adequate Educational, Social communities for the future population) and Policy L10 (Open Space and Housing Developments) of the IOW Unitary Development Plan.
3	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.
4	No dwelling shall be occupied until the parts of the service roads which provide access to it have been constructed, surfaced and drained in accordance with details which have been submitted to and approved by the Local Planning Authority. Reason: To ensure an adequate standard of highway and access for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
5	Development shall not begin until details of the sight lines to be provided at the junction between the access of the proposal and the highway have been submitted to and approved in writing by the Local Planning Authority and the development shall not be occupied until those sight lines have been provided in accordance with the approved details. Nothing that may cause an obstruction to visibility shall at any time be placed or be permitted to remain within the visibility splay shown in the approved sight lines. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
6	No development 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 16 cars 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.
7	Prior to work commencing on site a formal statement including details of the loading of building compared to the volume of materials to be removed, time scales for excavation of materials and construction works together with measure to be implemented during construction to maintain the structural integrity of the slope. Reason: to ensure that works do not have a detrimental impact on slope stability in accordance with Policy G7 (Unstable Land) of the IW Unitary Development Plan.
8	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.
9	All planting, 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 IW Unitary Development Plan.
10	No development shall take place until a scheme for the drainage and disposal of surface water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be completed before any [residential] unit hereby permitted is first occupied. Reason: To ensure that surface water run-off is satisfactorily accommodated and to comply with policies G6 (Development in Areas Liable to Flooding) and G7 (Development on Unstable Land) of the IW Unitary Development Plan.
11	No development shall take place until a scheme for maintaining a tidal flap has been approved by and implemented to the reasonable standard of the Local Planning Authority. Reason: To ensure that the structural integrity of the defences is maintained and to comply with Policies G6 (Areas Liable to Flooding) and G11 (Coastal Development) of the IW Unitary Development Plan.
12	All materials excavated as a result of general groundworks, including site levelling, installation of services or the digging of foundations, shall not be disposed of within the area identified in red on the submitted plans. Materials shall be removed from the site prior to construction of the building proceeding beyond damp proof course level or such other time scales to be agreed with the Local Planning Authority. Reason: In the interest of the amenities of the area and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

03

Reference Number: P/02243/05 - TCP/19064/W Parish/Name: Ryde - Ward/Name: Ryde South West Registration Date: 14/11/2005 - Full Planning Permission Officer: Mr C Hougham Tel: (01983) 823552 Applicant: Isle of Wight Council Floodlit multi-use games area and extension to provide additional changing rooms (revised scheme) (readvertised application) Ryde County High School, Pell Lane, Ryde, PO333LN The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This application has been submitted by agents acting on behalf of the Council and in accordance with the agreed procedure has to be determined by this Committee as opposed to the delegated procedure.

Members considered this application at the meeting held on 20 December 2005. Third party concerns were noted and a number of issues were raised which can be summarised in the following terms.

Surface water drainage arrangements and the likelihood of exacerbating local difficulties.

Likely impact of floodlighting

Potential for noise pollution in direct relation to hours of operation.

Pedestrian access to the site.

Vehicular access and parking arrangements in connection with the proposed development particularly outside school hours.

Since that meeting there have been further discussions with the applicant’s agents which have resulted in the submission of a revised scheme with supporting information. These revised proposals have been re-advertised in order to give third parties the opportunity to comment.

The following is a copy of the report submitted to this Committee at the meeting on 20 December 2005 with additions, in bold type, which highlight the details of the revised scheme and the range of additional information provided by the agent. Obviously this includes any additional representations and the case officer’s assessment of the revised proposals set out in the evaluation section of the report.

1. Details of Application

1.1 This is a full application comprising two constituent parts.

· A multi-use games area which will be located within the existing playing fields adjacent to the boundary with Haylands Primary School.

· An extension to one of the main buildings providing additional changing facilities adjacent to the sports hall.

1.2 The proposed multi-use games area will cover an area 63m x 35m to the south and south west of the existing maths block and close to the boundary with Haylands Primary School. This will be a hard surfaced area capable of being used for a variety of sports which will be floodlit with six 10m high lighting columns and enclosed with a 4m high fence around the perimeter.

1.3 The extension to the existing changing rooms is relatively modest, 6.8m x 3.5m, comprising a PE office and two separate staff changing/wc/shower facilities.

1.4 In response to the concern of Members and following discussions with the Area Team Leader the agent has submitted revised proposals with supporting information which can be summarised in the following terms.

· A supporting (or clarification) statement which deals with five specific issues. This statement is attached to this report as an appendix for Members information.

§ Storm water drainage

§ Flood lighting

§ Noise

§ Parking and users access to the proposed facility

§ Operating hours

· A plan which shows the proposed multi-use games area turned through 90˚ in a position which is adjacent to and parallel with the southern boundary of the site.

· Proximity Plan (1) which highlights the fact that there are no residential properties within 100m of the proposed multi-use games area whereas there are sixteen residential properties within a similar proximity to the nearby floodlit tennis courts at the Ryde Lawn Tennis and Croquet Club.

· Proximity Plan (2) makes a straightforward comparison with an almost identical facility at Ventnor Middle School where there are 47 residential properties within a 100m radius.

· Plan area/sections/elevations of proposed facility.

· Location Plan

· Letter from Project Development Manager (Culture and Leisure Services) providing a provisional programme for the use of the new facility as submitted to Sport England who are funding the project.

As you see the daytime use during school term is restricted to Ryde High School and the feeder schools (Haylands Primary and Mayfield) therefore there is not requirement for any extra car parking.

The evenings, weekends and holiday times are programmed for community use and any extra car parking that is required can easily be absorbed within the existing capacity on site.

When the school has open evenings, the normal practice of utilising the tarmac tennis courts as overspill car parking will continue.

· Letter from Tari Willis Associates (Consulting and Civil Structural Engineers) providing supporting information on the all-weather permeable playing surface making the following key points:

§ Construction will provide storage volume for rain water from a half hour five year storm of approximately 41 cubic metres of water. The water is then fed through a series of perforated land drains surrounded in gravel. This system also allows for water to dissipate similar to a soakaway.

§ Net effect of these new trenches, which will have a combined length in excess of 350 linear metres, will in effect form the attenuation. Based on porosity tests, once on site will determine if additional soakaways or discharge to the existing ditches will be required.

§ Proposal offers some attenuation of storm water run off both within the new area construction itself and within the permeable gravel stratum encountered at the south (upper) side of the proposed area.

§ Should be borne in mind that the pitch area represents only around 10% of the total school playing fields area so attenuation of the 10% will have little appreciable effect on total run off but will in no way worsen the situation at Pell Lane.

2. Location and Site Characteristics

2.1 This is a large educational complex with extensive playing fields situated on the southern side of Pell Lane and backing onto properties fronting onto the western side of Pellhurst Road in Ryde.

3. Relevant History

3.1 In August 2002 an outline permission was renewed for a single storey extension and a two storey link extension to the sports hall and the construction of a large all weather pitch, the size of a football/rugby field, on existing playing fields to the south of the main complex of buildings adjacent to the boundary with Haylands Primary School. This was a conditional outline approval which expired three months ago.

3.2 In May 2004 an application for twelve columns supporting floodlights serving court numbers 4, 5 and 6 and a moveable practice wall at the neighbouring Ryde Lawn Tennis and Croquet Club was approved subject to conditions limiting the overall height of the columns and a time restriction of 2200 hrs. This permission has been implemented.

3.3 Planning permission has also been granted for external lighting from the clubhouse to the tennis courts (seven 1m high bollard style columns).

3.4 An application submitted earlier this year included a proposal to construct a large indoor tennis centre partially within the curtilage of the High School and partially within the curtliage of the neighbouring Ryde Lawn Tennis and Croquet Club was withdrawn.

4. Development Plan Policy

4.1 National Policy Guidance.

· PPG17 – Planning for Open Space, Sport and Recreation – contains broad guidance in terms of the overall planning objectives for the provision of these kind of facilities which can be summarised in the following terms:

§ Supporting an urban renaissance

§ Promotion of social inclusion and community cohesion

§ Health and well being

§ Promoting more sustainable development

· PPS23 – Planning and Pollution Control – In terms of National Policy, there is only minimal guidance in terms of the topical issue of light pollution but there is sound general advice contained in paragraph 15 which highlights that Development Control decisions can have a significant affect on the environment, stating:

…..the effects of existing sources of pollution in and around the site are not such that the cumulative effects of pollution when the proposed development is added would make the development unacceptable.

· PPG24 – Planning and noise – Annex 3 paragraph 22 deals with the potential difficulties of noise from recreational or sporting activities and states:

…….., the Local Planning Authority will have to take account of how frequently the noise will be generated and how disturbing it will be, and balance the enjoyment of the participants against the nuisance to other people.

4.2 UDP Policy

· G4 – General Locational Criteria for Development

· G6 – Areas Liable to Flooding

· D14 – Light Spillage

· P5 – Reducing the Impact of Noise

· U1 – Location of Health, Social, Community, Religious and Education Services

· U7 – Provision of School Playing Fields and Protection from Development

· L2 – Formal Recreation Provision

· L6 – Loss of School Playing Fields

· P5 – Reducing the Impact of Noise

5. Consultee and Third Party Comments

5.1 External Consultees

· Environment Agency have been invited to comment on the application and it is anticipated that they would be consistent in terms of the observations they made on the earlier application which was recently withdrawn, requiring a condition to be imposed to ensure that no development takes place until a scheme for surface water drainage has been submitted to and approved by the Council as local planning authority. They would also provide an advice note which will be copied directly to the applicant’s agents.

· Sport England has also been invited to comment. Again, it is anticipated that their observations will be consistent with their representations on the earlier application when they said that they are normally opposed to the granting of planning permission for any development which would lead to the loss of all or any part of a playing field, but they feel that the provision of a multi-use games area with other improved facilities would be sufficient benefit to the school and the local community to outweigh the detriment caused by the possible repositioning of the rugby field playing area and therefore they are unlikely to raise an objection to the application.

5.2 Third Party Representations

Letter of objection from Pell Lane resident expressing concern about a number of related issues.

· Predicted level of use

· Use of floodlights outside ‘permitted’ hours

· Increased surface water run-off leading to possible flooding

· Likely increase in ‘on-street’ parking in vicinity

· Preferred position shown in earlier application recently withdrawn.

Resident in Pellhurst Road broadly supports the application but hopes that it will involve a reduction in the level of use/illuminations at the eastern end of the site close to his/her property and, is approved, similar conditions to the Ryde Lawn tennis and Croquet Club should be imposed.

5.3 This is a revised scheme which in accordance with the standard procedure was re-advertised giving interested parties the opportunity to comment (or make further comment) on the application. At the time of preparing this report, there had been one response from a resident living in Playstreet Lane who reiterated his objection to the initial submission.

5.4 Detailed letter of support for the application from the Head Teacher and the Chair of Governors at Ryde High School which is appended to this report.

5.5 Isle of Wight Sports and Recreation Council have written to support the application as, in the their view, such a facility will provide both the school and the community with a much need activity area which conserve to occupy both young people and adults partaking of sporting activities. Their view is that this new facility will bring Ryde High School up to the same level of provision as the other four Island High Schools.

5.6 Pell Lane Football Users Group have also written to support the application.

6. Evaluation

6.1 The modest extension to the existing changing rooms will provide improved facilities but with virtually no impact in planning terms. The remainder of this section focuses on the proposed multi-use games area.

6.2 The main issues relating to this part of the application can be summarised in the following terms:

· Overall principle and policies

· Potential for affect on neighbouring properties

· Possible Light spillage

· Possible Noise pollution

· Surface water drainage

· Controls and mitigation by way of impositions of conditions

6.3 While there will be a reduction in the existing available playing field area, the actual playing pitches will not be lost but will need to be repositioned in order to accommodate the new facility. In the absence of any adverse comments from Sport England, it is considered that the provision of the multi-use games area will not conflict with national or local planning policies contained in the Unitary Development Plan.

6.4 There is increasing recognition about problems associated with light pollution and it is acknowledged that much light spillage is a result of poorly designed, over bright or misdirected light which is wasteful and intrusive and can be detrimental to the level of amenity enjoyed by the occupants of residential properties in the immediate vicinity. Policy D14 highlights certain criteria that will need to be subject to conditions when dealing with this type of development.

· Proposed lighting scheme is the minimum required for the task.

· Light spillage is minimised, particularly skyward.

· Designed so as to not unreasonably affect neighbouring property.

6.5 In this particular case the agents have provided adequate information in terms of the position, overall height of the lighting columns and the approximate extent of horizontal light spread in connection with the proposed development. The nearest residential properties on the northern side of Pell Lane are the best part of 100m away from the proposed multi-use games area and the lighting columns at the southern end of the area which will illuminate in a northerly direction are more than 150m away from the same properties. Although during hours of darkness the illuminated area will be visible it is not considered that this will have a detrimental affect on the level of amenity presently enjoyed by the occupants of these properties providing the installation and use is carried out in accordance with the submitted scheme and the proposed conditions.

6.6 The consideration of the relationship between sensitive developments, such as residential property, and activities which have the potential to generate high levels of noise is a material planning consideration. Where practicable it is important to ensure that where uses could conflict because of noise levels and tolerance that they should be physically separated to minimise potential conflict. It is important that adequate and practical controls are put in place to reduce noise levels by insulation, screening, design, layout and operational controls. These issues are dealt with in Policy P5 (Reducing the Impact of Noise) and it is considered that the existing use of the site, the location of the new multi-use games area in relation to the nearest residential properties and possible temporal conditions will ensure that there is not a sufficient impact on these properties to justify withholding permission.

6.7 In terms of surface water drainage the guidance and advice given by the Environment Agency should be given due regard and appropriate weight. It is considered that any increased surface water run off from the proposed multi-use games area can be satisfactorily controlled by condition requiring details to be submitted before any work commences on site.

6.8 Where relevant, the conditions contained in the following recommendation are consistent with those which were imposed to floodlight the nearby tennis courts.

6.9 Initial submission attracted a number of letters of objection expressing concern about the proposed development for a variety of reasons. These issues were analysed in the initial report (see above) and it was decided that none of the points raised, either individually or collectively, amounted to a sustainable reason for refusing planning permission. Nevertheless, Members shared some of these concerns and decided that the most appropriate way of dealing with the matter was defer consideration to give the agent the opportunity to reconsider some detailing of the proposed facility, particularly the siting, and to provide information and clarification on a number of points.

6.10 The response from the agent following discussions with the Area Team Leader has effectively been two fold.

· When compared with the initial submission the proposed multi-use games area has been turned through 90˚ which has the affect of moving the proposed hard surfaced area further away from the nearest residential properties in Pell Lane. Original siting meant that the edge of the hard surfaced area was just of 75metres away from the nearest residential property on the northern side of Pell Lane whereas the revised scheme means that that distance is extended to approximately 105metres. The other obvious benefit from turning the area through 90˚ that part of the eastern end will be screened from properties in Pell Lane by the existing mass block.

· Agent has provided a detailed response (see appendix) to the individual issues raised by third parties and the Local Ward Member (see 6.11.)

6.11 In terms of the detailed response it is worth making the following observations in planning related terms to assist Members with the determination of the application.

· Agent has provided adequate details on the surface water drainage arrangements. These are considered to be appropriate for this kind of facility providing a fully permeable surface. There is no evidence to suggest that this development is likely to exacerbate present drainage problems in the Pell Lane locality, indeed the attenuation provided by this relatively small area will tend to offer a very modest improvement on the present situation.

· Proposed floodlighting has been used successfully at other schools and is similar to those recently installed at the nearby Ryde Lawn Tennis and Croquet Club. Each application has to be judged on its individual merits and therefore I would tend to use information from other facilities as a benchmark as opposed to conclusive evidence, but it is apparent that there is an increased distance between the proposed area and the nearest residential properties and that in terms of light spillage there will be “zero” illumination within 50 metres of Pell Lane. Consequently although the floodlit installation may be visible to a limited number of residents living in Pell Lane it will not cause a significant loss of amenity sufficient to justify refusing permission.

· On the basis on the information provided by the agent and the details of the revised scheme any potential loss of amenity due to noise pollution is extremely unlikely because of the distance between the facility and the nearest residential properties and also because of the applicants agreement to reduce the operational hours by thirty minutes meaning that the use will cease at 21.30 hours.

· Agent has been able to clarify that in terms of access/parking concerns the facility will only be used by schoolchildren during term time, and by the local community at other times (evenings, weekends and holidays) it is the latter period when you may expect users to arrive by private transport and it is apparent in the information provided by the agent that since this will be outside school hours there will not be any difficulty in providing adequate parking facilities.

6.12 Based on the information obtained and assessed at the time of the initial submission (paragraphs 6.1 to 6.8), the benefits which will accrue from turning the proposed area through 90˚ to increase the distance between the hard surface edge of the facility and the nearest residential properties in excess of 100m and the further information/clarification of individual areas of concern, I have no hesitation in maintaining the recommendation to grant permission subject to the imposition of appropriate conditions.

7. Conclusion and Justification for Recommendation

7.1 The provision of a multi-use games area with associated improved changing rooms will significantly improve the sport/recreational facilities on the site which will benefit pupils and the local community. Although this will involve the loss of some “green” playing fields there is sufficient space to reposition the existing rugby pitch and football pitch, to the south of the school complex and to the east and to the north of the proposed multi-use games area.

7.2 In handling an application of this nature, particular attention has to be given to the possibility of light/noise pollution for people living in the immediate locality but I am satisfied that the information contained in the application in combination with the imposition of appropriate conditions, should minimise any potential problem and overcome any objections to the scheme.

8. Recommendation

Conditional permission.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
3	All planting, 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 Isle of Wight Unitary Development Plan.
4	The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
5	No development shall take place until a scheme for the drainage and disposal of surface water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that surface water run off is satisfactorily accommodated to comply with policy G6 (Developments in Areas Liable to Flooding) of the Isle of Wight Unitary Development Plan.
6	The floodlight columns hereby approved shall not exceed a height of 10m above ground level and the height of the columns shall not be increased in anyway without the prior written approval of the Local Planning Authority. Reason: In the interests of the amenities of the area and to comply with policy D14 (Light Spillage) of the Isle of Wight Unitary Development Plan.
7	The flood lights hereby approved shall only be operated in connection with the use of the multi-use games area for sports activities and for no other purposes without the prior written consent of the Local Planning Authority. Reason: In the interests of the amenities of residential properties in the vicinity and to comply with policy D14 (Light Spillage) of the Isle of Wight Unitary Development Plan.
8	The flood lights hereby approved shall not be illuminated after 22.00 hrs or when the multi-use games area is not in use. Reason: In the interest of the amenities of the area and to comply with policy D14 (Light Spillage) of the Isle of Wight Unitary Development Plan.
9	The lighting units installed shall be as specified in the application and shall not be altered or amended in anyway without the written prior consent of the Local Planning Authority. The horizontal luminance values shall not, at any time, exceed those shown on document Nac612MUGA63m* 36m-360Lux submitted with the application. Reason: In the interest of the amenities of the area and to comply with policy D14 (Light Spillage) of the Isle of Wight Unitary Development Plan.
10	For the avoidance of doubt this permission does not alter the siting of the "future tennis building" as shown by dashed outline on drawing 1127-56. Reason: In order to enable the Local Planning Authority to consider the full impact of such a scheme under a fresh application should it be proposed at some future date.

04

Reference Number: P/02457/05 - TCP/25569/A Parish/Name: Cowes - Ward/Name: Cowes Medina Registration Date: 12/12/2005 - Full Planning Permission Officer: Miss S Wilkinson Tel: (01983) 823552 Applicant: Mr T Young Construction of 3 storey building to form 13 flats to include accommodation within roofspace; parking and alterations to vehicular access site of, Medina Garage, 28, Newport Road, Cowes, PO317PW The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The Local Member, Councillor Brown has requested that this application is considered by the Committee as he has raised the following concerns about the proposal:

1. Density when taken in conjunction with other recent developments in Newport Road.

2. Level of local objection.

1. Details of Application

1.1 Application seeks full planning permission for the construction of a three storey building to form thirteen flats with a parking space per flat on the site of the former Medina Garage with access off Newport Road.

1.2 The building has been designed with a series of small roofs in order to reduce any visual impact on neighbouring properties. The proposal incorporates gable roof projections either side of the entrance to reinforce elements found within Newport Road and to define the main entrance of the building. Interest has been added to the design with a curved element at roof level, which is carried through in the dormers and rear balcony.

1.3 The building has been sited along the western boundary of the site fronting Newport Road in order to retain the pattern of development and minimise any impact on properties to the rear. The area to the rear of the site has been allocated as parking and a communal garden.

2. Location and Site Characteristics

2.1 The site is situated on the eastern side of Newport Road, approximately 16 metres south of the junction with Newport Road and Bellevue Road. A recent development has been undertaken on the neighbouring site to the north comprising nine flats with vehicle parking. A two storey dwelling adjoins the southern boundary. The land to the east of the site has also recently been developed. No. 30 Newport Road sits in an area to the south east of the site, this property shares a right of access with the proposal.

2.2 The site falls away from west to east with an approximate difference of 4.5 metres from the highest and lowest points.

2.3 The site has previously been cleared and therefore presence a significant gap in an otherwise built up frontage within the development envelope.

3. Relevant History

3.1 TCP/5514/K – An application for three storey block of 15 self contained flats with basement car parking for 23 cars including improvements to right of way off Newport Road was refused in March 1990.

3.2 TCP/5514/L - An application for two/three storey block of 12 self contained flats with car parking and landscaping gained conditional approval in October 1992.

3.3 TCP/5514/S – P/01215/97 – Application for renewal of a two/three storey block of 12 self contained flats with car parking and landscaping gained condition approval in April 1998.

3.4 TCP/25569 – P/879/03 – A further renewal application for two/three storey block of 12 self contained flats with car parking gained conditional approval in July 2003. This consent is still valid.

4. Development Plan Policy

4.1 National Policy Guidance –

· PPG – Housing and PPS Consultation Paper 3 relating to Housing are applicable.

· PPS23 – Planning and Pollution.

4.2 The following strategic policies within the Unitary Development Plan are applicable:

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

· S2 – Development will be encouraged on Land which has been previously been developed

· S3 – All Development will be Expected to be of a High Standard of Design

· S7 – Provision of Housing Units on the Isle of Wight.

4.3 The following Unitary Development Plan Policies are applicable:

G1 – Development Envelopes for Towns and Villages

· G4 – General Locational Criteria for Development

· D1 – Standards of Design

· D2 – Standards of Development within the Site

· D3 – Landscaping

· H1 – New Development within main Island Towns

· H3 – Allocated Residential Sites

· P1 – Pollution and Development

· P3 – Restoration of Contaminated Land

· TR7 – Having Considerations for New Development

· TR16 – Parking Policies and Guidelines

4.4 Site is located within the development envelope of Cowes.

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Highway comments were not received at the time of writing the report.

· Environmental Health Department have requested conditions be attached to any approval.

5.2 External Consultees

· The Environment Agency raise no objection to the proposal but request an informative be attached to any consent.

5.3 Town or Parish Council Comments

· Cowes Town council support the application.

5.4 Others

· Three letters of objection were received with only one outlining issues of a planning nature which can be summarised as follows:

§ Over development of the site.

§ Increase in vehicles

· The other letters received raised issues of land ownership, private rights of way, damage caused to building and services by construction vehicles and good building practices.

6. Evaluation

6.1 The determining factors in considering the proposal are considered to be as follows:

· Is the development in compliance with policies contained within the Isle of Wight Unitary Development Plan and the Government guidelines.

· Does the addition of one unit represent an over development of the site.

· Has additional development in the area resulted in this site requiring a reduced density.

· Highway implications of increased numbers.

6.2 Site is located within the development envelope of Cowes, as defined in the Unitary Development Plan. Site is previously developed and therefore has status as a brownfield site as well as being a contaminated site that can be brought back into use. The principle of re development has already been established with the previous approvals on site, one of which is still valid. The current application involves the addition of one flat, in accordance with advice contained within PPG3 (Housing). Having regard for these factors, I do not consider there to be any objection in principle to the redevelopment of the site for residential purposes, particularly considering the extant consent on site. The development is in full compliance with Unitary Development Plan Policies and Government Guidelines.

6.3 The proposed development would give rise to a density of approximately 108 units to the hectare. Whilst this figure is above the minimum density of 30-50 dwellings to the hectare it should be noted that new build developments providing flats will always give a distortion impression of the density of development. In such instances, a more appropriate measure of the acceptability of the number of units provided is considered to be whether the proposal would have an excessive or unacceptable impact on the area in general and neighbouring properties and whether the development can adequately provide for the need for future occupiers. The site provides a parking space per unit within the land to the rear of the building as well as an area of shared amenity space.

6.4 The proposal has been designed in order to make best use of land changes within the site appearing as two storey with accommodation in the roofspace along the front elevation and three storey with accommodation in the roofspace to the rear. The height of the proposed development is comparative to the recently completed development on neighbouring site of 26 Newport Road and is sufficiently distanced by virtual of the access from number 32. The design has incorporated a recess at the point in which the windows are included within the side elevation in order to create a greater distance between the walls of the neighbouring properties to allow for adequate light to enter these rooms. No overlooking is anticipated from these windows as they serve bathrooms, the other row being bedroom windows which are parallel to the flank wall of the neighboring development and not private amenity space. The design provides interest within the streetscene while picking up features of neighbouring properties in order to remain in character with existing and recently approved properties. In this instance therefore your officers are satisfied that the number of units provided is acceptable and that the proposal will not have an adverse effect on the amenities of the area or neighbouring properties.

6.5 Extant consent exists for this site therefore development of 12 flats could commence. Any development of neighbouring sites should have taken into account the longstanding consent on this site. The proposal sits comfortably within the streetscene, relating well to adjacent building and is comparative to the neighbouring developments.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard an appropriate weight to all material considerations referred to in this report, it is considered that the application site is of a sufficient size to accommodate development as proposed without having a detrimental impact on the amenities or privacy of neighbouring occupiers, or the character and appearance of the area in general. The proposal is considered of a suitable scale, mass and design. In particular, it is considered that the proposal involves the creation of an appropriate number of units and makes provision for an acceptable level of parking.

8. Recommendation

8.1 Conditional Permission

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	No development shall take place until samples of materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	All materials 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 materials shall be removed from the site prior to the construction of the building proceeding beyond damp proof course level or such other timescale to be agreed with the Local Planning Authority. Reason: In the interest of the amenities of the area and to comply with Policy D1 (Standards of Design) of the IOW Unitary Development Plan.
4	No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include [proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (eg. furniture, play equipment, refuse or other storage units, signs, lighting, etc); proposed and existing functional services above and below ground (eg. drainage power, communications cables, pipelines, etc, indicating lines, manholes, supports, etc); retained historic landscape features and proposals for restoration, where relevant]. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
5	All planting, 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 IW Unitary Development Plan.
6	No part of the development hereby permitted shall commence until there has been submitted to and approved in writing by the Local Planning Authority: (a) a desk-top study documenting all previous and existing land uses of the site and adjacent land in accordance with national guidance as set out in Contaminated Land Research Report Nos 2 & 3 and BS10175:2001; and, unless otherwise agreed in writing by the Local Planning Authority, (b) a site investigation report documenting the ground conditions of the site and incorporating chemical and gas analysis identified as appropriate by the desk-top study in accordance with BS10175:2001 - „Investigation of Potentially Contaminated Sites - Code of Practice“; and, unless otherwise agreed in writing by the Local Planning Authority, (c) a remediation scheme to deal with any contaminant including an implementation timetable, monitoring proposals and a remediation verification methodology. The verification methodology shall include a sampling and analysis programme to confirm the adequacy of decontamination and an appropriately qualified person shall oversee the implementation of all remediation. Reason: To protect the environment and prevent harm to human health by ensuring that, where necessary, the land is remediated to an appropriate standard in order to comply with Part IIA of the Environmental Protection Act 1990.
7	The construction of buildings shall not commence until the investigator has provided a report, which shall include confirmation that all remediation measures have been carried out fully in accordance with the scheme. The report shall also include results of the verification programme of post-remediation sampling and monitoring in order to demonstrate that the required remediation has been fully met. Future monitoring proposals and reporting shall also be detailed in the report. Reason: To protect the environment and prevent harm to human health by ensuring that, where necessary, the land is remediated to an appropriate standard in order to comply with Part IIA of the Environmental Protection Act 1990.
8	Development permitted by this planning permission shall not be initiated by the undertaking of material operations as defined in Section 56 (4) a-d of the Town and Country Planning Act 1990 in relation to the development until planning obligations pursuant to Section 106 of the said Act relating to the land has been made and lodged with the Local Planning Authority and the Local Planning Authority has been notified by the person submitting the same that it is to the Local Planning Authority’s approval. The said Planning Obligation will provide for contributions to education, open space and transport infrastructure. Reason: To ensure educational facilities, open space and transport provision is made in accordance with policies U2 (Ensuring Adequate Educational, Social Communities for Future Population), L10 (Open Space and Housing Developments) and TR7 (Highway Considerations for New Development) of the IW Unitary Development Plan.

05

Reference Number: P/02291/05 - TCP/25588/C Parish/Name: Ventnor - Ward/Name: Ventnor West Registration Date: 06/01/2006 - Full Planning Permission Officer: Mr S Wiltshire Tel: (01983) 823552 Applicant: Mr G W Blake Retention of shed for sale of crab & fish Seafood Kiosk, Esplanade, Ventnor, PO38 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

A previous temporary planning permission for a period of 1 year was granted by the Development Control Committee in September 2004 to enable the applicant time to relocate to alternative premises. It is considered appropriate to refer the current application back to the Committee to review the situation.

1. Details of Application

1.1 This planning application seeks the retention of a timber shed on Ventnor Esplanade which is used for the sale of crab and fish. A temporary planning permission was granted in September 2004 for the period of 1 year for the continued use of this building by the applicant. This consent expired on 30 September 2005.

2. Location and Site Characteristics

2.1 The timber shed is located on the southern side of Ventnor Esplanade and has a shallow pitched felt roof with the main walls stained blue in colour. The shed is constructed on stilts that are fixed onto Ventnor Beach, jutting out from the esplanade, and is raised up from the beach to a height of around 3 metres. The building is accessed from the Esplanade, and obtains trade from pedestrians along the public walkway.

2.2 Ventnor Esplanade is characterised by a mix of land uses ranging from housing, hotels, retail and tourist facilities, with no dominant use within the area. Most of the development is located on the north side of the Esplanade. The land to the south of the built frontage looks over Ventnor beach, which is undeveloped, having vistas of the seashore and the English Channel. A public footpath (3m wide) runs along the sea wall of the Esplanade and is raised at around 2-3 metres from Ventnor Beach. There is a similar beach hut located around 10 metres to the east, also raised on stilts from Ventnor Beach.

3. Relevant History

3.1 TCP/25588 – Temporary planning permission for shed for sale of crab and fish, conditionally approved 19 June 2003 expiring on 31 December 2003.

P/02558/A – Retention of shed for sale of crab and fish, conditionally approved on 14 September 2004 for a temporary period expiring on 30 September 2005.

4. Development Plan Policy

4.1 The Isle of Wight Unitary Development Plan (UDP) identifies the application site as being within the development envelope boundary for Ventnor, no other specific policy designations apply.

4.2 The relevant policies of the UDP are as follows;

· S6 -High Standard of Design

· G4 - General Locational Criteria

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

· D1 - Standards of Design

· P1 – Pollution and Development

· T1 - The Promotion of Tourism and Extension of the Season

5. Consultee and Third Party Comments

5.1 Internal Consultees

No internal consultees have commented on this application.

5.2 External Consultees

English Nature – Has no objection to the proposal.

CNS Systems – National Air Traffic Systems (NATS) has no safeguarding objections to this proposal.

5.3 Town Council Comments

Ventnor Town Council comments that planning consent in respect of this application should be limited to a period of one year only.

5.4 Neighbours

A total of 25 letters of representation have been received from local residents, of which 5 support the proposal and 20 raise objections. The points raised in the letters of objection can be summarised as follows:

· Ventnor Haven was granted planning permission for the sale and processing of seafood products, therefore the business should relocate to this site.

· The existing business causes congestion in the Esplanade due to lack of parking.

· There is a need to provide accommodation for a lifeguard facility in Ventnor.

· The premises are not suitable for food preparation.

5.5 Others

A letter objecting to the proposal has also been received from Ventnor Beach Safety Group on grounds that the business should relocate to the Haven.

6. Evaluation

6.1 Members will note that the majority of the letters of objection which have been received refer to the need to provide accommodation for a lifeguard facility at Ventnor. However the need to provide such a use is not identified within the Unitary Development Plan. In addition, the need for this specific site is not fundamental to a pressing social need. Whilst preservation of this site for preferred future uses may be material in planning terms it is your Officer’s advice that, in this instance, little weight should be given to this in the consideration of this application. Likewise the suitability of the premises for the sale of produce in terms of health and safety is covered by separate legislation which is outside the scope of planning control and thus is not a material planning consideration.

6.2 In their consideration of this application, therefore, Members should focus upon whether this business operation should be granted a further temporary time period to remain at its current Esplanade location, in terms of the visual impact that the existing structure has on the character and appearance of the area, and its conformity with the surrounding uses.

6.3 Although the Local Planning Authority would not want to encourage development on the seaward side of the Esplanade, leading to an over proliferation of similar developments, it is considered that this small unit has very little impact to the localised environment. It does not spoil the open vista of the English Channel or onto Ventnor beach, nor does it affect the reasonable use of the beach or pedestrians using the public footpath along the esplanade since the 3 m wide walkway is of substantial size to accommodate customers as well as pedestrians. The materials used within the construction are sympathetic to the locality and are not an incongruous feature in the coastal environment. The use of the shed for the sale of seafood is considered to compatible with its seafront location.

6.4 In terms of traffic congestion, there are sufficient public parking bays along the Esplanade itself with further long stay car parks located at each end. As such the refusal of planning permission could not be justified on grounds of lack of parking provision.

6.5 The previous temporary planning permissions were granted on the basis that the applicant would relocate his business to new premises in Ventnor Haven, which has an extant planning permission for a fish processing and sales outlet. The applicant has stated in a supporting letter that leases on this land at Ventnor Haven are currently being finalized and he is currently awaiting grant confirmation from DEFRA. As such the applicant expects to be in a position to commence building works this April, with a completion date in Autumn 2006. Having given regard to the location, design and siting, it is deemed that the retention of the structure for a further temporary time period, would not have an adverse impact upon the amenities 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, it is considered that having regard to the spatial relationship of the proposal with nearby land uses, the renewal of the permission will have minimal impact to the amenities of the area and will not prejudice the overall setting, character or sustainability of Ventnor Esplanade and the application is deemed to be in accordance with strategic and local policies of the Isle of Wight Unitary Development Plan.

8. Recommendation

8.1 Approval of temporary conditional planning permission for a period of one year;

Conditions:

1

When the premises ceases to be occupied by Mr G W Blake or by 28 February 2007, whichever shall first occur, the use hereby permitted shall cease and all materials and equipment brought onto the land in connection with the use shall be removed from the land. Reason: But for the personal circumstances put forward by the applicant, the application would not have been approved.

2

The building hereby approved shall only be used for the sale of fish and shellfish and for no other purpose whatsoever without the prior written consent of the Local Planning Authority. Reason: In the interests of the amenities of the area in general and nearby residential occupiers in particular, and to enable the Local Planning Authority to consider the appropriateness of alternative uses of the building in accordance with Policies G4 (General Locational Criteria for Development), D1 (Standards of Design), P1 (Pollution and Development) and R2 (New Retail Development) of the Isle of Wight Unitary Development Plan.

ANDREW ASCHROFT

Head of Planning services