PAPER C

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE

WEDNESDAY 15 JUNE 2005

 

 

PLANNING APPEAL STATISTICS

 

SUMMARY

 

To apprise Members of the proposed reporting mechanism in respect of planning appeals

REPORT

 

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  This has now been superseded by publishing them on a weekly basis in the County Press beneath the schedule of new planning applications.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.

CONCLUSION

 

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 Council’s Appeals Officer.

RECOMMENDATION

 

That Members note the report.

BACKGROUND PAPERS

 

Individual decision letters from the Planning Inspectorate

Planning Inspectorate Annual Reports

 


PLANNING APPEALS – END OF YEAR REPORT

 

1 April 2004 to 31 March 2005

 

 

OVERVIEW

 

Appeals received

 

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.    

 

 

Appeals withdrawn or found to be invalid

 

                                                                 2004/05                  (2003/04)

                                                                 9 cases                     (17)

 

Appeals determined

 

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 Inspectorate’s

                                                                                                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.

 

Outstanding appeals

                                                                        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 Island’s 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

 

 

ANALYSIS

 

Detailed breakdown of appeals determined

 

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

 

 

APPEALS AGAINST REFUSALS

 

Dismissed

 

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

 

Allowed

 

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

 

APPEALS AGAINST CONDITIONS

 

Allowed

 

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

 

 

APPEALS AGAINST ENFORCEMENT NOTICES

 

Dismissed

 

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

 

 

APPEALS AGAINST ADVERTISEMENTS

 

Split decision

 

A/485/H – signage at Hale Common Service Station, Hale Common, Newport

 

 

ANDREW ASHCROFT

Head of Planning Services