ISLE OF WIGHT
COUNCIL DEVELOPMENT CONTROL COMMITTEE
WEDNESDAY 15
JUNE 2005
To apprise Members of the proposed reporting mechanism in respect of planning appeals
Attached is a report on all appeal decisions received during 2004/05. The data derived from them has been analysed and is compared to data for 2003/04 as well as regional or national outturn figures where such information is available.
It can be seen that the Island has a good overall planning policy base that is being supported by the Planning Inspectorate on appeal. Overall it has a higher proportion of its appeals dismissed than the national average.
Members may recall previously all newly lodged appeals were reported to Committee on a three weekly basis. This has now been superseded by publishing them on a weekly basis in the County Press beneath the schedule of new planning applications. By doing it this way our customers, as well as elected Members, will receive more up to date information, especially as the Committee is now to be held on a four weekly cycle. There is, therefore, no longer any need for them to be reported to Committee at each meeting.
Also attached is an interim appeal report covering the period 1 April to 31 May. It is intended that this format be used to provide Members with quarterly reports throughout the year.
In respect of individual local Member notification of new appeals, the previous service will remain unchanged.
If Members approve of these new arrangements they will be continued for future meetings, but if Members want amendments/alterations to the format, now is an opportunity to request them.
Contacts in respect of appeals held will be either the author or Mrs Kendall, the Councils Appeals Officer.
That Members note the report.
Individual decision letters from the Planning Inspectorate
Planning Inspectorate Annual Reports
PLANNING APPEALS END OF YEAR REPORT
1 April 2004 to 31 March 2005
During 2004/05 114 appeals were lodged compared to 113 in 2003/04. Nationally, there has been a 21% increase in appeals during that period, but no data are available on a regional or county basis.
Breakdown by type of appeal received
2004/05 (2003/04)
Refusal 100 88% (93) (82%)
Condition 3 3% (1) (1%)
Enforcement 8 7% (17) (15%)
Advertisement 1 1% (1) (1%)
Non determination 2 2% (1) (1%)
114 (113)
There are no nationally or regionally comparable figures published at this level of detail.
Breakdown by method of
appeal (National
2004/05 (2003/04) 2003/04*)
Written representations 105 92% (102) (90%) (74%)
Hearings 8 7% (10) (9%) (18%)
Inquiries 1 1% (1) (1%) (8%)
*National figures above do not include enforcement or advertisement appeals.
Taking a broader picture the overall Island appeal rate is approximately 21% of all applications refused, or roughly 1 in 5. Nationally the figure was 23% for 2003/04, the latest year for which comparative data can be obtained.
2004/05 (2003/04)
9 cases (17)
There were 74 appeals determined by the Planning Inspectorate in 2004/05, compared to 90 in 2003/04.
2004/05 (2003/04)
Dismissed 57.5 78% (78) (86%)
Allowed 16.5 22% (12) (14%)
74 (90)
Nationally the number of appeals allowed was 33%. The lower Island figure demonstrates that the Island is better able to defend its planning decisions than most other authorities.
Of those appeals decided, the average time for determination was as follows:
Actual Planning Inspectorates
published
targets
Planning: written representation procedure 25 weeks 16 weeks
Enforcement: written representation 25 weeks 32 weeks
Planning: hearings 28 weeks 30 weeks
Enforcement: hearings 18 weeks 33 weeks
Planning: Inquiries none 22 weeks
Enforcement: Inquiries none 43 weeks
These decision times support the view that the Inspectorate is concentrating resources on dealing with enforcement cases rather than more mainstream planning matters.
A more detailed analysis of the individual 2004/05 appeal decisions is set out later in this report.
2004/05 (2003/04)
At 31 March 67 cases (43)
The increase in the number of cases awaiting a decision at the end of the year is as a direct result of the backlog of outstanding appeals with the Planning Inspectorate. However, a recent drive by the Inspectorate in April to tackle their backlog has resulted in 24 of the above 67 cases being determined. The outcome of these 24 is that 21 (87.5%) were dismissed and only 3 (12.5%) allowed. Were these figures to be included in the outturn figures for 2004/05 the Islands appeal success rate in defending decisions would be 80% rather than 78%.
Nevertheless outstanding appeals are still taking far longer to be determined than the target times set down by central government and the latest information from the Planning Inspectorate for the determination of a hypothetical appeal submitted today is as follows:
Planning (written representation procedure) decision by autumn 2005
Planning (hearings) Spring 2006, plus 4 weeks for decision
Planning (inquiries) Spring 2006, plus 6 weeks for decision
Appeal decisions by type
Refusal Dismissed 47
Allowed 14 Success rate 23%
Total 61
Condition Dismissed 0
Allowed 2 Success rate 100%
Total
2
Enforcement Dismissed 10
Allowed 0 Success rate 0%
Total 10
Advertisement Dismissed 0.5
Allowed 0.5 Success rate 50%
Total 1
Overall the number of appeals against refusal which were successfully defended was on par with the national average. Both appeals against conditions which were lost related to occupancy issues associated with holiday accommodation on a single site and the lack of a suitable policy base against which to judge them. Enforcement action taken by the council was consistently supported by the Inspectorate, whilst the advertisement appeal resulted in a split decision.
Attached at Appendix A is a full list of the appeals determined in the year ending 31 March 2005.
APPENDIX A
SCHEDULE OF APPEAL DECISIONS 1 April 2004 to 31 March 2005
TCP/13942/E - conversion of garage to dwelling at rear of 1 Orchardleigh Road, Shanklin
TCP/14584/F reconstruction of south barn, Brockley Barns, Calbourne Road, Newport
TCP/9787/C new dwelling at 4 Ventnor Road, Apse Heath, Sandown
TCP/9477/D demolition of garages, conversion of coach house and terrace of 3 new houses, rear of 2-12 Nelson Street, Ryde
TCP/22633/B Removal of condition tying occupancy of house to garage premises at Ashey Road Garage, Ryde
TCP/3664/V Redevelopment of caravan park with ten dwellings, at Mountfield Holiday Park, Norton Green, Freshwater
TCP/10563/K demolition of hotel and construction of 5 houses and 32 flats at Craven Court Hotel, 5 Highfield Road, Shanklin
TCP/10563/L change of use of hotel to dwelling at Craven Court Hotel, 5 Highfield Road, Shanklin
TCP/15212/C alterations and extensions to South View Grange, Bagwich Lane, Godshill
TCP/25583/A formation of vehicular access and hardstanding at 77 Avenue Road, Sandown
TCP/22594/M new dwelling at plot 27, Hillgrove, Ducie Avenue, Bembridge
TCP/25473/A extension to provide additional living accommodation and new end of terrace house at 4 Westhill Cottages, Westhill Road, Shanklin
TCP/25967 new bungalow and garage adjacent to 3 Plover Close, Sandown
TCP/5077/L new house, adjacent Chale Green Stores, Chale Green, Ventnor
TCP/6095/S formation of vehicular access and hardstanding at Cornerstone, St Boniface Road, Ventnor
TCP/24624/A new house adjacent 7 Station Road, Sandown
TCP/25771 extension at Melita, Weston Road, Totland Bay
TCP/22975/F retention of car park lighting at Christian Meeting Rooms, Buckbury Lane, Newport
TCP/23787/B conversion of barn to two holiday units at Heath Farm, Staplers Road, Newport
TCP/10386/G new chalet bungalow adjacent to 18 Marlborough Close, Ryde
LBC/21034/H retention of UPVC windows and doors at West Billingham Farm, Billingham, Newport
TCP/25191/B replacement farmhouse and new access at Durrants Farm, Colemans Lane, Porchfield, Newport
TCP/6977/L demolition of garage/workshop and construction of new attached house at 137 Clarence Road, East Cowes
TCP/15441/C demolition of garage and car port and construction of house fronting Hyde Road at rear of 45 Brook Road, Shanklin
TCP/7209/E new bungalow rear of 184 Baring Road, Cowes
TCP/10249/D new house on land between Bridgemead and Holford House, New Road, Wootton
TCP/4308/C 5 new bungalows off Westway, Cowes
TCP/10522/D replacement of former Blackgang Mission Hall building with new house at Blythe Shute, Chale
TCP/9667/U demolition of former factory and redevelopment of site with housing at Hosiden Besson, Binstead Road, Ryde
TCP/26225 conversion of room into garage and formation of vehicular access at 51 Bernard Road, Cowes
TCP/25862/B retention of front boundary fence at 89 Alvington Manor View, Newport
TCP/22131/D extension to form annexed accommodation at 3 John Street, Newport
LBC 22131/E listed building consent to for extension at 3 John Street, Newport
TCP/20290/A demolition of chalet and replacement with bungalow at rear of Homecroft, Cranmore Avenue, Cranmore
TCP/9578/A Demolition of outbuilding and replacement with extension to main house to form annexed accommodation at Ivy Cottage, Station Road, Ningwood
TCP/26115 demolition of garage and new house on land between 12 and 14 Brook Road, Shanklin
TCP/3163/E removal of condition preventing sale of takeaway food at 7 Church Street, Ventnor
TCP/14001 formation of car park on land at Embankment Road, Bembridge
TCP/25652/A continued use of land and building for paint ball games centre at Cats Copse, West View Road, Gurnard
TCP/25804/A demolition of garage and office to provide extension to house at 60 Albert Road, Cowes
TCP/23493/B new dwelling on land at 36 Sylvan Avenue, East Cowes
TCP/17737/A new house on land between 26 and 28 Station Road, St Helens
TCP/19056/C demolition of outbuilding and construction of new holiday bungalow at rear of Wisteria Cottage, High Street, Newchurch
TCP/24416/A front boundary fence at Three Ways, Morton Old Road, Brading
TCP/22349/A new chalet bungalow on land at Springs, Seaview Lane, Seaview
TCP/7225/G 6 flats on land adjacent Woodside, 36 Westhill Road, Ryde
TCP/22017/G 5 flats fronting Milford Road on land at rear of 32 Atherley Road, Shanklin
TCP/25572/A demolition of garage and storage buildings and construction of 2 storey extension at Temperence Cottage, Whiteley Bank, Ventnor
TCP/25248/A first floor extension at 36 Warwick Street, Ryde
TCP/8862/B new access ramp at HSBC Bank, High Street, Sandown
TCP/20244/M portable building for provide 2 classrooms at St Margarets School, Grove Road, Ventnor
TCP/18349/S demolition of dwelling and redevelopment of site with 4 town houses and 10 flats at Essex House, Baring Road, Cowes
TCP/1813/N demolition of former home for the elderly and redevelopment of site with 14 flats at Clifton, Broadway, Totland
TCP/19380/P removal of six week occupancy condition at Gurnard Pines Holiday Village, Cockleton Lane, Gurnard
TCP/11608/F conversion of cattle shed to livery at Gatehouse Farm, Gatehouse Lane, Ashey, Ryde
TCP/10306/G new chalet bungalow fronting Pellhurst Road on land at rear of Thurstons, Playstreet Lane, Ryde
TCP/9272/H continued siting of mobile home at Victoria Lodge, Castlehaven Lane, Niton Undercliff, Niton
TCP/2697/C change of use of retail unit to living accommodation within existing house at 41 High Street, Bembridge
TCP/26112 demolition of outbuilding and construction of new end of terrace house at 1 Sherwood Road, Newport
TCP/12107/A demolition of dwelling and construction of 10 flats at 98 Mill Hill Road, Cowes
TCP/1935/J replacement extension at Highfields, Gatehouse Road, Upton, Ryde
TCP/2412/B conditions relating to retention of holiday units in single ownership and six week holiday occupancy at land at corner of Alexandra Road and Palmerston Road, Shanklin
TCP/15752/W conditions relating to retention of holiday units in single ownership and six week holiday occupancy at land at corner of Alexandra Road and Palmerston Road, Shanklin
E/25477 operation of taxi service at 34 Mayfield Drive, Newport
E/21784/A vehicular access at The Orchard, Undercliff Drive, St Lawrence, Ventnor
E/24024/C shipping containers at Helens Copse, Gate Lane, Freshwater Bay
E/24939/A roadside fencing at Bembridge Boatyard, Embankment Road, Bembridge
E/24939/B storage of builders materials and motor vehicles at Bembridge Boatyard, Embankment Road, Bembridge
E/22975/C 10 galvanised steel lighting columns at car park of Christian Meeting Rooms, Buckbury Lane, Newport
E/25864 construction of wooden building at Windgate Copse, Westward, Clamerkin, Porchfield
E/2817/S construction of building not in accordance with approved plans at 37 Pyle Street, Newport
E/14001/R formation of car park on land at Embankment Road, Bembridge
E/25652/B paint ball games and erection of structures at Cats Copse, West View Road, Gurnard
A/485/H signage at Hale Common Service Station, Hale Common, Newport
Head of Planning Services