PAPER B1

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE -

WEDNESDAY 15 JUNE 2005

REPORT OF THE HEAD OF PLANNING SERVICES

WARNING

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

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

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

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

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

Background Papers

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

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

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

LIST OF PLANNING APPLICATIONS ON REPORT TO COMMITTEE – 15 JUNE 2005

1.	TCP/01236/D P/00425/05 Two/three storey building to provide 16 flats (revised scheme) 29-34, Riboleau Street, Ryde	Ryde	Conditional Approval
2.	TCP/01523/N P/00418/05 Four/five/six storey development comprising 48 flats; two retail units (Class A1), one retail/bistro unit (Class A1/A3); formation of vehicular access and parking provision (aorm) The Boat Yard, Shepards Wharf, Medina Road, Cowes	Cowes	Conditional Approval
3.	TCP/02593/Z P/00061/05 Demolition of section of building; outline for residential development (revised description); alterations to vehicular access part of Readers site, Place Road, Cowes	Gurnard	Conditional Approval
4.	TCP/16570/J P/00380/04 Demolition of industrial buildings; construction of single storey retail store with associated storage and staff facilities; alterations to access; parking provision site of Teknacron Circuits Ltd, Landguard Manor Road, Shanklin	Shanklin	Conditional Approval
5.	TCP/16570/M P/00211/05 Residential development of 38 houses and 15 flats with garages/parking; alterations to vehicular access (revised scheme) part of Teknacron Circuits Ltd, Landguard Manor Road, Shanklin	Shanklin	Conditional Approval
6.	TCP/16796/W P/00327/05 Demolition of building; residential development of 32 houses, 64 flats and 4 maisonettes with associated garages, parking areas, landscaped open space and access roads off Marlborough Road and off site works to Marlborough Road (aorm) part of Trucast Ltd site, Marlborough Road, Ryde, PO33	Ryde	Conditional Approval
7.	TCP/22370/C P/02070/04 Demolition of factory buildings; residential development of 58 houses & 3 storey block of 8 flats with parking/garages & associated access roads, (aorm) east of Winston Close/north of Grange Avenue existing industrial site south of, Sherbourne Avenue, Ryde, PO33	Ryde	Conditional Approval
8.	TCP/26385 P/01047/04 48 holiday homes with associated parking, garages and landscaping; associated 76 marina berths (revised scheme) (readvertised application) land adjacent, Redshank Way, Newport, PO30	Newport	Conditional Approval
9.	TCP/09178/N P/00216/05 Demolition of building (block 2); construction of 2 single storey buildings to provide 10 light industrial units (use classes B1 & B8), (revised scheme) Northwood Business Park, 290, Newport Road, Cowes, PO31 8PE	Northwood	Refusal
10.	TCP/16761/C P/02170/04 Conversion of redundant barn to unit of holiday accommodation with terrace on south west elevation; alterations to vehicular access (revised plans) Gladices Barn, Gladices Lane, Chale Green, Ventnor, PO38	Chale	Conditional Approval
11.	TCP/26419/A P/00580/05 Pair of semi-detached houses (revised scheme) land rear of 32, St. Johns Road, Newport, PO30	Newport	Conditional Approval
12.	TCPL/17609/C P/00802/05 Alterations & change of use of old fire stations appliance bay to form an educational workshop facility Sandown Youth & Community Centre, Town Hall, Grafton Lane, Sandown, PO368JA	Sandown	Conditional Approval
13.	TCP/11878/E P/00854/05 Continued use of dwelling as private school; vehicular access and parking Alverstone House, 32, Luccombe Road, Shanklin, PO376RR	Shanklin	Refusal
14.	TCP/16952/C P/00612/05 Alterations to restore semi-detached house split into flats back into a single dwelling with room to accommodate elderly relative, (revised scheme) 30 John Street, Ryde, Isle Of Wight, PO332PZ	Ryde	Refusal
15.	TCP/21488/G P/00636/05 Erection of single/2 storey building to form G.P.'s surgery, pharmacy and primary care trust office base, with associated parking (revised scheme) land adjacent The Heights Leisure Centre, Broadway, Sandown, PO36	Sandown	Conditional Approval

1.

TCP/01236/D P/00425/05 Parish/Name: Ryde Registration Date: 01/03/2005 - Full Planning Permission Officer: Mr. J. Fletcher Tel: (01983) 823598 Two/three storey building to provide 16 flats (revised scheme) (application to be determined by the Council's Development Control Committee) 29-34, Riboleau Street, Ryde, PO33

This application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This is a major application.

DETAILS OF APPLICATION

Detail consent is sought for a three/two storey block providing 11 number one bedroomed flats and five number two bedroomed flats. Although the overall footprint is T shaped the three storey element is L shaped with the main element fronting Riboleau Street. There is a two storey wing at its southern end and the eastern end where it abuts the boundary to the Bailey Close development.

Block to be finished in two contrasting bricks under hipped roofs. There are two gabled features on the Riboleau Street frontage at the northern end of the blocks.

Vehicular access is indicated off Riboleau Street in the south western corner of the site with that access to serve five number car parking spaces for the five two bedroomed units. The remaining open area in the north eastern area of the site is block paved communal area with elements of soft landscaping. Other areas of soft landscaping in the form of tree and shrub planting have been indicated along the eastern and southern boundary. A row of 16 storage sheds have been indicated abutting the eastern boundary. The block to be constructed of the existing ground levels and therefore in the mainly northern area of the site will be lower than the Riboleau Street road levels. Apart from bathroom windows, no other windows have been indicated in the north facing elevation where it abuts the adjoining property 28 Riboleau Street or in the east facing elevation where it faces the rear of properties in Bailey Close. Similarly there is only one first floor bedroom window facing south in the direction of the rear gardens of properties St John’s Road.

In terms of relationship to the adjoining terrace of three units to the north the eaves height of this proposal equates to the eaves height of the adjoining terrace although the ridge height is approximately 0.8 of a metre higher than the adjoining ridge height.

Riboleau Street itself is a mixture of bungalow, chalet bungalows, terraced and semi-detached houses with there being no particular pattern of development.

The five car parking spaces will be controlled by the introduction of lockable bollards.

The application has been submitted by a registered housing association who clarify the reasons for the proposal as follows:

· Flats to provide temporary accommodation for homeless people in Ryde to replace the existing provision at Wrafton House.

· The accommodation is being provided at the request of the Council having specified the unit type and mix and the location in Riboleau Street.

· The Council have also committed to making capital contribution to the scheme.

· Tenancies will be short hold assured tenancies with nominations made entirely by the Council.

· The accommodation will be managed by Medina Housing Association using the same management technique ad used in respect of Moira House, Carmforth House, Wrafton House and Jellicoe House.

The application has been accompanied by an Envirocheck report, which is the form of a desk study and which concludes that on the basis of the information gathered to date there is no reason to suggest that there are any issues that would adversely effect the development of this site.

LOCATION AND SITE CHARACTERISTICS

A 0.12 hectare site on east side of Riboleau Street approximately 35 metres north of the junction of Riboleau Street with St John’s Road. Site stands between an end of terrace two storey dwelling 28 Riboleau Street to the north and the rear boundary of property 36 St John’s Road which is one of a number of narrow detached Victorian two storey dwellings which fronts St John’s Road. The prevailing character of Riboleau Street is mainly established two storeys with some single storey dwellings. Opposite the site are semi-detached two storey established dwellings whilst the terrace of three dwellings which abut to the north are more recent. Abutting the eastern boundary is a new development now nearing completion known as Bailey Close being a development which is accessed off Bennett Street further to the east. Site itself until recently accommodated an L shaped terrace of single storey dwellings.

Riboleau Street slopes from north to south although the site itself is generally level with its northern end being approximately two metres lower than the road level. Frontage boundary to the site is in the form of a stone retaining wall reflecting that change in levels. Eastern boundary in the form a two metre high close boarded fence while the southern boundary in the form of a stone retaining wall with intermittent boundary treatments. The northern boundary, again in the form of a stone retaining wall, with fence above. Southern boundary abuts the rear gardens of properties which front St John’s Hill.

Site until recently accommodated and 'L' shaped terrace of single storey dwellings set to the rear of the site.

RELEVANT HISTORY

A previous application for a similar density of development was withdrawn in February 2005 following concerns regarding the environmental impact on adjoining properties caused by the arrangement and location of the dwellings on the site and the issue of non-provision of parking on site.

DEVELOPMENT PLAN/POLICY

National Policies being covered in PPG3 – Housing March 2000 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 taking pressures off green field sites.

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

· Make more efficient use of land by adopting appropriate densities with 30-50 units per hectare quoted as being the appropriate levels of density with even greater intensity of development being appropriate in places with good public transport accessibility such as town centre sites.

· Emphasise the need for good quality designs

· New housing development should not be viewed in isolation but should have regard for the immediate buildings of the wider locality.

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

Local Plan Policies

Site within development envelope boundary.

Relevant local plan policies are as follows:

Strategic policies S1, S2, S6 and S7 are appropriate

Other relevant policies are as follows:

G1 – Development Envelopes for Towns and Villages

G4 – General Location Criteria for Development

D1 – Standards of Design

D2 – Standards for Development with the Site

H4 – Unallocated Residential Development to be Restricted to Defined Settlements

TR16 – Parking Policies and Guidelines

TR7 – Highway Considerations for New Development

TR6 – Cycling and Walking

U11 – Infrastructure and Services Provision

Site is within Zone 2 in respect of the Council’s parking policies, which requires the developer to provide a maximum of 0-50% of parking guidelines. Parking guidelines require a parking space per bedroom.

CONSULTEE RESPONSES

Highway Engineer recommends condition should application be approved with those conditions including parking area management scheme. In supporting that recommendation Highway Engineer makes the following comments:

In terms of the previously withdrawn application he was mindful to recommend refusal.

· He acknowledges Riboleau Street and the surrounding area has severe on street parking problem compounded by the complete lack of off street parking for any properties front St John’s Hill.

· The initial withdrawn application indicated zero parking which would have undoubtedly increased pressures on the surrounding area.

· Highway Engineer acknowledges the method of management of these flats and is now of the opinion that, due to the short hold tenancies of the one bedroom properties, then he agrees that these occupants are unlikely to be car owners.

· He therefore accepts the non-provision of parking spaces for the one bedroom units whilst acknowledging that five parking spaces should be sufficient to cater for the five two bedroomed units. He could therefore not sustain as a recommendation for refusal non-provision of a parking allocation of one space per unit.

· He points out there will be a need to create sufficient width to allow an easy turn into Riboleau Street and this he suggest can be covered by conditions.

Council’s Housing Development and Initiative Officer make the following observations with regard to parking provisions:

· The Isle of Wight Council has other temporary accommodation within all towns on the Island with these units being in the form of private properties of single houses and other blocks of accommodation used for a range of clients.

· Housing Officers confirm that parking has never been raised as an issue concerning the provision of temporary accommodation.

In terms of possible need for transport infrastructure payments, bearing in mind the site is within Zone 2 and would therefore comply with such a requirement, comments as follows:

· He acknowledges a need to ensure community benefits are obtained from new development in the interest of sustainability of the areas.

· In this case provision of transport infrastructure payments increases development costs.

· Current regional housing board allocations are made based on cost effectiveness and build costs per unit. The imposition of transport infrastructure payments is likely to impact on viability from a Government funding provision thus compromising Island stability to deliver affordable and social housing in the future.

· If scheme not funded by regional housing board then Isle of Wight Council has to make a commitment from its capital allocation to fully support the scheme.

· Imposition of the transport infrastructure costs would simply mean that the Housing Department would have to make additional allocation of housing capital to pay another department within the same local authority.

THIRD PARTY REPRESENTATIONS

Application has been the subject of a total number of 14 letters of objection (9 from residents of Riboleau Street, 3 from residents of St John’s Road, 1 from resident of Bailey Close and 1 from the Isle of Wight Society. Points raise are summarized as follows.

· Proposal represents excessive mass and height and out of keeping with the established prevailing pattern of a relatively small scale development in the area.

· Position of block close to back of footpath will result in an over dominant effect representing significant contrast to the former bungalows which stood on the site.

· Proposal will give the road a cramped appearance.

· Proposal will adversely impact on the nearby conservation area.

· Proposal will result in an increase in traffic generation with particular concerns regarding further pressures on on-street parking in an area where such parking has reached saturation point.

· The temporary accommodation of the development may not attract an occupancy who would appreciate the environment within which they live and will therefore introduce and unacceptable social mix.

· Concern regarding overlooking and loss of privacy in respect of properties opposite the proposed development.

· Level of occupancy will have an adverse impact on the environment currently enjoyed by residents with particular reference to potential noise pollution.

· St John’s Road resident is concerned regarding the over dominant effect and possible overlooking effect that will occur in respect of the rear gardens to the St John’s Road properties.

· One objector considers the site would be better suited for an elderly occupation development.

· The immediate adjacent property owner to the north concurs with the above points but also expresses concern regarding possible loss of light to his property resulting from the proximity of the proposed development.

Application has also been subject of a 53 signature petition from residents of Riboleau Street, St John’s Road and Bailey Close with the subject matter of the petition covered in the points raised above.

EVALUATION

The sole issues to consider in respect of this proposal are those relating to density, overall scale, including mass and height, the location of the block on the site in relation to adjoining properties and in relation to the prevailing pattern of development in the area and the level of parking provision.

The information regarding the type of management of the block and particularly the temporary occupancy proposal are not essentially planning considerations. In planning use terms the development falls under Class C3 in respect of the Use Classes Order which is described as:

Use as a dwelling house whether or not as a sole or main residence by a single person or people living together as a family or by not more than six residents living together as a single household.

Members should not therefore be influenced by the fact that in this case the development is to be occupied by homeless people on a temporary basis.

Site clearly satisfies the description as a brownfield site and is relatively close to the town centre. As such it lends itself to the PPG3 objective by making best use of such sites to take the pressures off Greenfield sites. Whilst the density of development is high in this case which is always the result of flatted development proposals, the issue is whether or not the site is capable of accommodating this level of development without appearing cramped or having an unreasonable visual and environmental impact on the area.

Normally I would concur with the concerns of local residents in terms of the introduction of a three storey development within the streetscene of mainly two storey development. However, in this case the site’s topography with particular reference to the site being significantly lower in ground level term that the street level leads me to the view that the mass and height relates reasonably to the adjoining properties with particular reference to property to the north. The block has similar eaves height to that adjoining property and is less than a metre higher in terms ridge height. I therefore do not consider because of these circumstances it would be sustainable to refuse the application on the grounds of excessive mass and height.

In terms of impact on properties which abut the east and south, the applicants have purposely introduced the two, two storey wings to reduce the impact and create a more compatible transition.

The introduction a T shape has enabled space to be provided within the north eastern and south east area of the site providing in one case hard paved community area with additional landscaping along the boundaries and in the second case a provision of five parking spaces to cater for the five two bedroomed units.

With regard to the parking provision the comments of the Highway Engineer are self explanatory with the non-provision of parking for the one bedroomed units being supported by a recent appeal decision in respect of similar urban sites near town centres. The argument that one bedroomed units regardless of whether or not they are for temporary or permanent occupation are less likely to attract car ownership has been supported by inspectors in allowing appeals where under provision of parking has been a reason for refusal.

It will always be the aim to ensure where possible at least a one parking space per unit provision however, the nearer the town centre the site’s are located and therefore the better the access to public transport and then more appropriate relaxation of achieving that aim.

It is important that Members appreciate that this is not a development which comes under the auspices of the policies requiring affordable housing as an element of an overall proposal for effectively this is 100% affordable housing proposal which has been required to satisfy an identified need. Obviously the Council under other legislation has a duty to address those needs. This apart however the Planning Authority can only look at the planning merits in respect of this proposal and whilst I fully recognize and acknowledge the concerns of local residents, this is an urban site close to the town centre and is ideal for the higher density development associated with such sites.

I certainly consider that the proposals do represent the maximum that could be achieved on this site without being deemed to be over development.

This type of flatted development in terms of scale, footprint and its position on site is not unusual. The building does not appear cramped in the streetscene with there being good quality level of space about the block particularly in relation to the property to the north (No. 28). That space about is assisted by the use of hipped roofs, purposely avoided introducing overlooking fenestration within the north, south and east facing elevations. Also, the introduction of two storey elements to the east and south assists in reducing the impact and provides the stepping down effect in line with the gradient of Riboleau Street.

Whilst I acknowledge the concerns of local residents, this site is ideal for this type of development and therefore I consider that any refusal on over development grounds may be difficult to sustain on appeal.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report it is considered that approval recommendation is appropriate in this case despite the level of concern from local residents. Issue of scale, height, density and parking provision have all been addressed in the submission and therefore I consider an approval recommendation is appropriate in this case.

RECOMMENDATION - Approval

Conditions/Reasons:

1	Time limit - full - A10
2	Submission of samples/details - S03
3	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no windows other than those expressly authorised by this permission shall be constructed within the north, south and east facing elevation s without the prior written consent of the Local Planning Authority. Reason: In the interest of the amenities of the adjoining properties in compliance with Policy D1 (Standards of Design) of the IOW Unitary Development Plan.
4	No dwelling hereby permitted shall be occupied until space has been laid out within the site in accordance with drawing number BO2800/03/B for five cars to be parked and for vehicles to turn so that they may enter and leave the site in a forward gear. This space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interest of highway safety and to comply with Policy TR7 (Highway Considerations) of the IOW Unitary Development Plan.
5	Vehicular access - J30
6	Management scheme - K07
7	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no gates shall be erected [other than those expressly authorised by this permission/other than gates that are set back a minimum distance of 6 metres from the edge of the carriageway of the adjoining highway. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
8	Details of roads, etc, design and constr - J01
9	The gradient of the access shall be maximum of 1:20 over the first 5 metres measured from the edge of carriageway with the balance not to exceed 1:12 in accordance with a scheme to be agreed with the Local Planning Authority. Reason: In the interest of highway safety and to comply with Policy TR7 (Highway Considerations) of the IOW Unitary Development Plan.
10	Pedestrian visibility splays measured from the back of the highway footway of x = 2.4 m and y = 2.4 m dimension shall be constructed prior to commencement of the development hereby approved and shall be maintained thereafter. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IOW Unitary Development.
11	None of the flats hereby approved shall be occupied until details of any lighting to be installed in respect of the car parking and communal area have been submitted to and approved in writing by the Local Planning Authority. Such lighting scheme shall be carried out in accordance with the approved details. Reason: In the interest of future occupiers and adjoining property owners in compliance with Policy D1 (Standards of Design) and D14 (Light Spillage) of the IOW Unitary development Plan.
12	Prior to commencement of work a schedule of boundary treatments shall be submitted to and approved by the Local Planning Authority. None of the flats hereby approved shall be occupied until the agreed boundary treatments have been completed and any such boundary treatment shall be retained and maintained thereafter such planting shall include any trees to be retained and indicate boundary screen planting. Reason: In the interest of the amenities of the area in general and adjoining occupiers in particular in compliance with Policy D1 (Standards of Design) of the IOW Unitary Development Plan.
13	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 finish levels, hard surfacing materials, details of lockable bollards, surface water drainage details, planting plans noting species, plant sizes, proposed numbers and an implementation programme. Reason: To ensure the appearance of the development is satisfactory and to comply with Policy D3 (Landscaping) of the IOW Unitary Development Plan.
14	Development hereby approved shall not be brought into use until provision has been made within the site for the secure and covered parking of a minimum of 16 bicycles. Such provision shall be retained thereafter. Reason: To ensure adequate provision for the parking of bicycles in compliance with Policy TR6 (Cycling and Walking) of the IOW Unitary Development Plan.
15	No development shall take place until a detailed scheme, including calculations, have been submitted to and agreed with the Local Planning Authority indicating the means of surface and foul water disposal. Any such agreed drainage system shall indicate connections at points on the system where adequate capacity exists. No occupation shall take place until such agreed system has been installed. Reason: To ensure an adequate system of foul and surface water drainage is provided for the development in compliance with Policy U11 (Infrastructure and Services Provision) of the IOW Unitary Development Plan.

2.

TCP/01523/N P/00418/05 Parish/Name: Cowes Registration Date: 02/03/2005 - Reserved Matters Officer: Mr. J. Fletcher Tel: (01983) 823598 Four/five/six storey development comprising 48 flats; two retail units (Class A1), one retail/bistro unit (Class A1/A3); formation of vehicular access and parking provision (aorm)(application to be determined by the Council's Development Control Committee) The Boat Yard, Shepards Wharf, Medina Road, Cowes, PO31

The application is recommended for Approval

REASON FOR COMMITTEE CONSIDERATION

This is a major application on a visually significant site proposing development in excess of 20 units and therefore in accordance with adopted procedures the application falls to be determined by the Development Control Committee

LOCATION AND SITE CHARACTERISTICS

A 0.51 hectare site which forms part of a larger rectangular site of some 0.95 hectares on the north east side of Medina Road and to the south west of the Medina Waterfront. Abutting the south east boundary is Thetis Wharf whilst abutting to the north west is the Marine Boatyard which formed part of the original overall site. Beyond the Marina Boatyard are some residential properties on the highway frontage.

Opposite the northwestern part of the site fronting Medina Road are two blocks of three storey flats, whilst at the south east is a two storey red brick commercial building. Also to the south west is an existing 2½ storey building (The Jalopy Shop) which stands on the corner of Medina Road and Bridge Road. Further to the south west on the opposite corner of that junction is a three storey red brick building being the J S White building. Further to the north/west is a further four storey building known as Tides Reach.

Overall site is currently subject to marine related works in respect of sea defence walls and marine facilities. Such works are expected to be completed by June 2005. Finally Members will be aware that Medina Road is the access road to the floating bridge.

RELEVANT HISTORY

In June 2004 a condition outline consent granted for residential development with additional leisure and retail uses at ground floor a day sailing centre and marina with that consent being the subject of a 106 Agreement. That consent apart from covering the principle of development also approved matters of access and siting.

Subject matter of the conditions covered the following:

· Provision of sea defences/marine facilities and related works

· Method of dredging

· Highway matters including provision of car parking and turning.

· Maintenance of flood defences

· Introduction of warnings/evacuation procedures

· Drainage matters

· Method and timing of piling operation

· Environmental issues and ground investigation

· General landscaping conditions

· Submission of flood risk assessment

The Section 106 Agreement covered the following:

· No development to take place until the boatyard is relocated to Kingston

· Any A1, A2 or A3 and D2 uses to function for at least 10 years from date of first occupation

· Financial contribution of £38,250 towards transport infrastructure

· Financial contribution of £350,000 towards provision of affordable housing

In summary the outline approval has granted consent to the following:

· Development of improvements to the marina by the provision of new walkway pontoons extending from either end of the water frontage at the site.

· Existing building fronting Medina Road to the northwest of the current site to be retained with open boatyard facilities to north east and north west.

· Principle of residential and commercial development in the southern half of the site with illustrative plans showing six residential blocks set in a ‘horseshoe’ layout in southeastern part of the site.

· Commercial retail and leisure uses on ground floor.

· Illustrative cross sections as indicated on the approved plans show three storey blocks closest to the waterfront, four storey immediately adjoining rising to six storey to central part of the site and reducing again to five storeys on the Medina Road frontage.

· Residential parking provision located within the arms of the horseshoe with some adjoining south eastern boundary.

· Three access points to residential element in agreed locations.

DETAILS OF APPLICATION

This is a reserved matter application following the granting of the outline consent with matters of design, external appearance and landscaping being before Members for determination. Information is also accompanying the application indicating compliance with relevant conditions.

In footprint terms proposal indicates a ’V’ formation similar to the ‘horseshoe’ shape shown on the outline consent. The apex of the ‘v’ shape is indicated abutting Medina Road with the two wings widening to the frontage onto the River Medina. Blocks on each side of the ‘V’ formation are interconnected varying in height from 3/4 storey where it abuts the River Medina rising to 6 storeys within the central area of the site and then reducing to 5 storey where the development abuts Medina Road.

Proposal seeks consent for a total of 48 residential units providing one, two and three bedroomed accommodation. Proposal also indicates to 2 ground floor retail units (55 sq.m) each on the Medina Road frontage and the ground floor retail/bistro unit (85 sq.m) on the south eastern end of the wing facing the River Medina. The shape of the arrangement of the blocks allow for the provision of balconies to all units with terraces at roof level all facing in the direction of the River Medina.

The application indicates a public viewing area and public promenade adjacent to the new marina both these being open to the public from the southern end. A public viewing area has been indicated adjacent to an existing public slipway. Applicants state that access along the frontage will be open as far as the main boatyard area but access across the boatyard will be at the discretion of the yard on safety and security grounds. Access to the marina will be from the yard. The site is restricted on its southern boundary by a large Southern Water pipeline easement at East Cowes and this has dictated the location of the building in this area to provide for 3 metre easement to that pipeline.

Layout indicates a total of 51 parking spaces including 8 spaces for the disabled dispersed throughout the site. 33 are within the central area enclosing the ‘V’ shaped blocks. This parking area forms part of an overall hard and soft landscaped area which will be surveyed from all flats. This parking area is served by an access off Medina Road with the access being located at the connecting point of the two wings.

A further 16 parking spaces have been indicated abutting the south eastern boundary against accessed off Medina Road. Finally, further access in the western corner off Medina Road serves a further two parking spaces but also cycling and parking provision.

Accompanying the application is a flood escape route plan which indicates a specific evacuation route from all flats which extends across the adjoining boatyard terminating at a point adjacent number 15 Medina Road almost opposite the flatted development Rope Walk. This point has been agreed as the flood vehicle and emergency access point and levels across the boatyard along the evacuation route within the yard are set at a specific level to enable emergency pedestrian and vehicular access.

Detailed design and appearance have been addressed as follows.

· Blocks to be finished in a palette of materials with a mixture of white render and red multi stock brickwork. Curved barreled roofs have been indicated to the higher blocks finished in standing seam aluminum with the remaining slightly lower blocks finished in flat roofs either finished in grey roofing material or roof paving where roof terraces have been indicated.

· Blocks are served by communal staircase and lift shafts, the staircases being finished in mainly render on the upper floors with heavy use of glazing. The two highest lift towers are terminated to appear as funnels. Hand railing is of ships railing design back by glass or mesh.

· The north and south frontages onto Medina Road contain all the main entrances.

· West elevation fronts Medina Road and is relatively short before the building steps back down the sides. The retail units each have curved cantilevered canopies where they face Medina Road.

Landscape proposal indicates the following:

· Raised contrasting engineering brick planter beds to the south west and east elevation with this being generated by the raised ground floor levels required for flood defence. This will result in steps, ramps and handrails leading up to entrances. Planting will be in the form of specimen shrubs.

· The central courtyard area will have specimen shrub planting throughout with edge planting adjacent each ground floor apartment.

· Planting is indicated to the central parking area and frontage planting to the river will include small screening trees.

· Vehicular circulation will generally use set paving blocks with parking bays finished in contrasting black top.

· Contrasting colour and laying patterns of the blocks will be used for the flood escape routes.

· Any illuminated signage will be provided to each of main entrance doors over the retail unit.

· External lighting will be provided by way of light on the buildings with low level pedestrian lights to external ramps and walkways. Lighting schemes will where possible avoid upward lighting light spillage.

The application has been accompanied by a comprehensive design statement and supporting information and computer model plans, all of which clearly indicate the likely impact that this proposal may have on this prominent waterside site.

DEVELOPMENT PLAN/POLICY

National policies covered in PPS1 – Delivering Sustainable Development and PPG3- Housing.

PPS1 emphasises the importance design plays in delivering sustainable development with key issues being as follows:

· Good design ensures attractive useable, durable and adaptable places contributing positively to making places better for people.

· Designs which are inappropriate in their context failing to improve character and quality of an area should not be accepted.

· The document makes reference to a number of important design caveats as follows:

· Address connection between people and places

· Ensure integration into the existing urban form

· Create an all embracing environment

· Consider impacts on natural environment

· Sustainable, durable and adaptable

· Optimise the potential of the site to accommodate development

· Respond to local context and reinforce local distinctiveness

· Create safe and accessible environments in the interests of planning out crime

· Quality of architecture and landscape results in a visually attractive buildings.

The document emphasises the policies should avoid unnecessary prescription, concentrating on guiding overall scale, density, mass and height landscaping layout and access in relation to neighbouring buildings, should not attempt to impose architectural styles, should not stifle innovation, originality or initiative, seek to promote and reinforce local distinctiveness where appropriate and take full account of the needs of the disabled.

PPG3 emphasises the following:

· 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 taking pressures off Greenfield sites.

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

· Make more efficient use of land by adopting appropriate densities.

· Emphasises need for good quality designs.

· New housing development should not be used in isolation but should have regard to the immediate buildings of the wider locality.

· More than 1.5 parking spaces per dwelling and likely to reflect Government’s emphasis on sustainable development.

Local Plan Policies

G4 – General Locational Criteria for Development

G6 - Liable to Flooding

D1 – Standards of Design

D2 – Standard for Development within the Site

D3 – Landscaping

D11- Crime and Design

D14 - Light Spillage

H2 – Large Residential Development To Contain Variety of House Sizes and Types

U11 – Infrastructure and Services Provision

P1 - Pollution and Development

CONSULTEE RESPONSES

Highway Engineer recommends conditions should application be approved.

Environment Agency recommends a number of conditions relating to flood risk issues. (It is understood that the matters raised by the Environment Agency have been the subject of ongoing discussion with the applicants for this is largely an issue relating to compliance to conditions on the outline consent.)

Council’s Environmental Health Department recommends appropriate conditions covering contamination issues.

The scheme has been considered by the Architects Panel who were unanimously supportive of the proposal with particular reference to the design approach.

PARISH/TOWN COUNCIL COMMENTS

Cowes Town Council object to the application on grounds that the external appearance would be out of keeping with the surrounding area and they would wish to see a more sympathetic approach to the landscaping.

THIRD PARTY REPRESENTATIONS

Application has been the subject of a total of five letters of objection two from residents of Medina Road, including one from a resident of Brunswick Court and one each from residents of Granville Road, The Solent Protection Society and the Isle of Wight Society. Points raised are summarized as follows:

· Main concern relates to mass and height with objectors being of the view that proposal does not fit in with the surrounding buildings and will have an adverse effect on the ambience and look of the entrance to the River Medina. Concern also expressed that the height and mass would create a barrier between the river and that part of the town that rise up the hill to the west.

· Proposal takes up too much land resulting in a further loss of industrial marina land.

· Proposal is only aimed at the higher income groups and will not solve the housing problem on the island.

· Proposal will increase pressures on existing infrastructure.

· Proposal provides insufficient parking and is likely to result in further pressures on on-street parking. Also concern expressed regarding the access entrance points which will in fact result in loss of existing on-street parking.

· Proposal will result in additional traffic generation along Medina Road which could cause particular problems when traffic queues build up awaiting the floating bridge.

· The design is considered to be unsympathetic with a less complex design being suggested.

· The Isle of Wight Society welcomes the opening up of the water front to the public.

· Concern expressed regarding whether or not there is sufficient visibility to the accesses onto Medina Road.

EVALUATION

Members are reminded that this is a reserve matter application with only issues of design, external appearance and landscaping being considered for determination. The outline consent has established the following:

· The provision of landmark residential development on the site of undesirable marine related facilities.

· Addressed any adverse affects on designated European sites.

· Addressed flood risk and evacuation measure in the event of any flood risk event.

· Provided for benefits from the development in the form of financial contributions with particular reference to off site affordable housing.

The issues therefore to consider are itemised as follows:

Design

As implied in the details of the application, the applicant’s have closely followed the siting arrangements of the residential development as indicated on the approved outline consent plans. In his Design Statement the architect has referred to the arrangement of the dwellings in a “series of stepped units rising towards the back of the site and set out in a ‘V’ formation to maximize the views of the waterfront from all flats.”

Such an arrangement of blocks minimizes the level of frontage of development onto Medina Road whilst creating good quality space about and between the two wings which assist in breaking up and articulating a development which is obviously of a mass and particularly height to reflect the concept of achieving a landmark development.

The overall development and the density of 60 units per hectare and the architects point out that this is comparable in scale and form with the developments on The Parade further to the north west, i.e. Osborne Court.

In view of the number of units involved, the scale of the proposal in the townscape was considered to be a material consideration at the time of the outline determination both in terms of the relationship with the existing development in the vicinity of the site and in terms of the appearance from the River Medina and East Cowes. Because of this, early on in the processing of that application advice was sought from the Council’s Urban Designer regarding principles of mass and height. The initial outline proposal indicated a six storey block on the Medina Road frontage reducing to five and then four and three storey as the development extended towards the River Medina frontage. This was considered to be an inappropriate mix of heights with particular concern being expressed regarding the impact of the sixth storey element on the frontage to Medina Road. It was considered that six storeys whilst being acceptable would be better positioned towards the centre of the site thus lessening the impact from both River Medina and Medina Road.

Following this design advice the applicants adjusted the height profiles as indicated on the submitted plans moving the higher penthouse in and reducing the height along Medina Road. The outline application was therefore determined by the Development Control Committee with the benefit of this information having been advised within the report of the following:

“Overall in townscape terms it is considered that this scheme would provide an exciting opportunity for an impressive ‘landmark development’ on the Cowes Waterfront. From the River and East Cowes the development would be seen against the rising land to the rear and in the context of the substantial industrial buildings in Bridge Road and Thetis Road to the south. Bearing in mind the comments of the Architects Panel I believe that with appropriate attention to detail including landscaping, design and materials the proposal will, although substantial, can be considered acceptable.”

Incidentally Members are advised that although an outline scheme with profiled massing being indicating only the outline application was considered by the Architects Panel who were supportive of the principle approach.

I am therefore satisfied that the height and mass principles have been addressed at the outline stage and that this reserved matter proposal accords with the general streetscene cross section which forms part of the approved layout.

Having established the parameters laid down by the outline consent, the detailed proposal has been worked out in the form indicated.

Members will note that the barreled roofs on the higher blocks which were indicated in profile on the outline consent, have been retained and been justified by the Architects to reflect the curved roof of the famous Columbine Works on the other side of the River Medina. Also Cowes Maritime Heritage is reflected in the stair towers and the funnels that appear on the top of the highest lift towers emphasizing the landmark nature of the development.

Each elevation has been considered carefully as advised within the Design Statement as follows:

“The east frontage faces the River and the Solent and is open in character with large areas of glazing and balcony to each apartment. Hand railing is of ‘ship’s railing design’ back by glass or mesh so that it is not ‘climbable’.

The north and south frontages are seen obliquely from Medina Road and contain all the main entrances. Stair towers dominate signaling each entrance and giving a distinctive character to the ‘sides’.

The west elevation fronts Medina Road and is relatively short before the building steps back down the sides. The two retail units at ground floor level are the focus together with the entrance canopy over the central vehicle entry point. Curved cantilever canopies draw attention to the retail units.”

The test is whether or not the architect has achieved the design of building which does justice to the landmark approach. In this regard Members will note that I have sought the advice of the Architects Panel who, as indicated were highly supportive of the scheme. I have also involved the Council’s Conservation and Urban Design Team Leader in the design negotiations who has also been equally supportive of both the process and the final result. Within PPS1 – Delivering Sustainable Development planning authorities are requested to place emphasis on the importance of design in delivering sustainable development and I am satisfied that this advice has been adhered to in the creation of this submitted scheme in architectural terms.

External Appearance

Again, the architect has stuck to a relatively simple choice of materials being a mixture of white render and red multi stock brickwork. Such a choice he considers reflex the general tones of Cowes. Obviously the choice of brick will be important as will be the choice of brick for the boundary walls and the hard paved surfaces. However, I am satisfied that the mix of surface finishes relate readily to the design of the building. The architect within his Design Statement considers that the scheme will provide a “landmark building of quality with modern style but which also has associations with the rich heritage of Cowes Waterfront on both sides of the River.”

Landscaping

As implied above proposal provides significant space between the various wings and it is important that this space is laid out to both reflect the architecture of the building, the marine location and the function of the space. Again, the architect’s Design Statement clearly reflects that considerable thought has been put into this element of the proposal particularly bearing in mind that the ground floor has been deliberately raised for flood defence purposes and will therefore be particularly visible. The use of brick planter beds, the need for steps, ramps and handrails have all been integrated into the hard and soft landscape design Architect states that their use will “create a series of sculptured forms around the base of the building which will be densely planted with specimen shrubs.”

It is clearly important that the central courtyard functions not only as a car park area but also provides a sense of place and community which residents will take ownership of.

In the main, soft landscaping is restricted to shrub planting although proposal does provide a row of small screening trees along the river frontage which again will assist in softening the appearance when viewed from the river. Obviously choice of shrubs and trees will be particularly important given the exposed nature of their location.

Finally, the applicant has indicated that a Management Company will maintain all the planting, a factor which will be conditioned in any event.

I am also satisfied that the use of block paving contrasting with the use of black top for the parking and maneuvering areas will contribute to the landscape value of the area.

Members will note proposal does allow public access to an area where there has been no such access in the past. This public access includes public viewing area, thus creating an obvious benefit for everyone to enjoy and not just the residents who reside in the development.

Other issues relating to lighting, illuminated signage in respect of the retail and commercial and general street furniture, I am satisfied that these have been fully considered in the overall concept of the scheme, however details will need to be submitted and if Members are mindful to approve the application these issues can be subject to appropriate conditions.

Summary

I consider the proposal in terms of architectural style and the overall design approach has successfully achieved a landmark building of considerable merit which satisfies the aspirations identified in the outline consent. As such the proposal is in accordance with the varied advice within PPS1 and PPG3 which emphasises the need for good quality design through the use of good architecture and appropriate landscaping and this coupled with the positive advice from the Council’s own Design Team and the Architects Panel, leads me to the view that this proposal is acceptable.

Parking

The concerns of some local residents with regard to parking are noted, however the scheme provides a level of parking which is between 1 and 1.5 spaces per unit which is acceptable both in terms of local and national policies. Whilst there are no guarantee I am satisfied that this level of parking should avoid any additional on-street parking pressures. With regard to any traffic generation issues this would have been a matter dealt with at the outline stage and in any event it is unlike that the level of traffic generated by this type of development would contribute to traffic flows in Medina Road to a degree that would warrant a refusal.

The application has been accompanied by further information relating to compliance with conditions, with particular reference to highway matters, flood defence, marine civil engineering works, drainage, parking operations and environmental issues including ground investigations all of which would need to be considered on their merits as part of the compliance with conditions in respect of the outline consent. This information will be processed in the normal way to ensure compliance with conditions on the outline consent.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report an approval recommendation of this reserved matter application is appropriate for the reasons detailed above.

RECOMMENDATION - Approval (Revised Plans)

Conditions/Reasons:

1	The development hereby permitted shall be begun either before the expiration of 5 years from the date of the outline permission, or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved, whichever is the later. Reason: To comply with Section 92 of the Town and Country Planning Act 1990.
2	No development shall take place until samples of the red multi stock brickwork and the standing seam aluminium roof to be used in the construction's external surfaces have been submitted to and approved in writing by the Local Planning Authority. Details shall also be submitted to and approved in writing by the Local Planning Authority of the white render, balcony railings, and any other external finishes. 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	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification) the exterior of the building(s) hereby permitted shall not be painted or coloured other than as expressly authorised by this permission. Reason: In the interests of the amenities and character of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
4	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed [before the dwellings hereby permitted are occupied. Such details shall include any handrail treatments to ramps. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
5	No development shall take place until full details of the hard landscaping works have been submitted to and approved in writing by the Local Planning Authority, and these works shall be carried out as approved prior to occupation of those dwellings which abut the hard paving areas. These details shall include block paving materials to be used for the circulation areas, flood escape routes, the public promenade, and public viewing area including details of provision of seating. Development shall be carried out in accordance with the approved details. Reason: To ensure that the appearance of the development is satisfactory to comply with Policy D3 (Landscaping) of the IW Unitary Development Plan.
6	No development shall take place until full details of the soft landscaping works have been submitted to and approved by the Local Planning Authority. Such details shall include schedules of plants, noting species, plant sizes, proposed numbers/densities and an implementation programme. Any trees or shrubs which within the 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 planning 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.
7	No development shall take place until full details of any external lighting scheme to be installed in respect of car parking/communal areas, public promenade/public viewing area and under lighting to canopies have been submitted to and approved by the Local Planning Authority. Such lighting scheme shall be carried out in accordance with the approved details prior to occupation of any of the flats or retail units hereby approved. Reason: In the interests of both the amenities of future occupiers and the amenities of the area generally in compliance with Policy D1 (Standards of Design) and D14 (Light Spillage) of the IW Unitary Development Plan.
8	A hard and soft landscape management plan including long term design objectives, management responsibilities and maintenance schedules for all landscape areas including external lighting shall be submitted to and approved by the Local Planning Authority prior to occupation of the development or any phase of the development, whichever is the sooner. Evidence shall be submitted that the management company has been registered and the management plan shall be carried out as approved. Reason: To ensure long term maintenance of the landscaping/lighting of the development and to comply with Policy D3 (Landscaping) and D14 (Light Spillage) of the IW Unitary Development Plan.
9	No later than one month after the day on which the buildings hereby permitted are first occupied or the access hereby permitted is first used the existing access to the site from Medina Road to Shepards Wharf shall be permanently closed off in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
10	No dwellings or retail units shall be occupied until the means of vehicular access thereto has been constructed in accordance with the approved plans. Reason: To ensure adequate access to the proposed development and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
11	No dwelling or retail unit hereby permitted shall be occupied until a space has been laid out within the site, drained and surfaced in accordance with Drawing No. RP600/PSK/26 for cars/bicycles to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: To ensure parking provision is available in compliance with Policy TR16 (Parking Policies and Guidelines) of the IW Unitary Development Plan.
12	The development hereby approved shall not be brought into use until provision has been made within the site for the secure and covered parking of a minimum of 48 bicycles. Such provision shall be made in the form of Sheffield hoops unless otherwise agreed in writing by the Local Planning Authority and such provision shall be retained thereafter. Reason: To ensure adequate provision for the parking of bicycles in compliance with Policy TR6 (Cycling and Walking) of the IW Unitary Development Plan.
13	Prior to occupation of any of the flats hereby approved the two retail units and the retail/bistro unit shall be completed both internally and externally ready for occupation. Reason: In the interests of ensuring the proposal provides commercial development on the site in compliance with Policy E1 (Promotion of New Employment Uses) of the IW Unitary Development Plan.
14	None of the flats hereby approved shall be occupied until the public promenade/public viewing area indicated on the plan hereby approved have been completed and are available for use by the public. Such public promenade and public viewing area shall be maintained and retained for that use thereafter. Reason: To ensure pedestrian access is available for public use in compliance with Policy TR17 (Public Rights of Way) of the IW Unitary Development Plan.
15	No occupation of the flats hereby approved shall take place until the drainage proposals as indicated on Drawing No. RP600/PSK/24 have been implemented in accordance with the details shown on that drawing in respect of foul and surface water drainage discharge. Reason: To ensure an adequate system of foul and surface water drainage is provided for the development in compliance with Policy U11 (Infrastructure and Services Provision) of the IW Unitary Development Plan.
16	The resident emergency flood risk escape route as indicated on Plan No. RP/600/PSK/26 shall have a finished level of not less than 3.2 metres A.O.D. and shall be kept clear at all times. Reason: To ensure an escape route is available for future residents in the event of a 1 in 200 year extreme event in compliance with Policy G6 (Areas Liable to Flooding) of the IW Unitary Development Plan.
17	No development shall take place until calculations for the storm water holding tank over a range of return periods have been submitted to and agreed with the Local Planning Authority. Such attenuation tanks should have sufficient storage to deal with the co-incidence of the 1% rainfall storm with the 0.5% extreme sea level. Reason: To ensure an adequate system of surface water drainage is provided for the development in compliance with Policy U11 (Infrastructure and Services Provision) and Policy G6 (Areas Liable to Flooding) of the IW Unitary Development Plan.
18	No development approved by this permission shall be commenced until a suitable warning and evacuation procedure has been submitted to and approved by the Local Planning Authority. Such agreed warning and evacuation procedure shall be retained and maintained thereafter. Reason: To ensure the proposed emergency access route into the site is maintained and remains accessible at all time in compliance with Policy G6 (Areas Liable to Flooding) of the IW Unitary Development Plan.
19	No development shall commence until long term maintenance proposals for the drainage system and tidal defence system have been submitted to and agreed by the Local Planning Authority. Such long term maintenance system shall be retained and maintained thereafter. Reason: To ensure the long term maintenance of the drainage system and tidal defence structures in compliance with Policies U11 (Infrastructure and Services Provision) and G6 (Areas Liable to Flooding) of the IW Unitary Development Plan.
20	Steps including the installation and use of wheel cleaning facilities in accordance with details to be submitted to and approved in writing by the Local Planning Authority shall be taken to prevent material being deposited on the highway as a result of any operation on the site. Any deposit of material from the site on the highway shall be removed as soon as practicable by the site operator. Reason: In the interest of highway safety and to prevent mud and dust from getting on the highway and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
21	All construction traffic related to the development hereby approved shall be directed to leave the site by means of a prominent signage, the details of which shall be submitted to and approved in writing by the Local Planning Authority. Such signage shall be erected at the junction between the site access road and the highway before the access road is first used. The signage shall be retained in a clean and legible condition for the duration of the development and any sign that is damaged beyond repair or removed shall immediately be replaced. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
22	Space shall be provided within the site for the loading and unloading and parking of construction workers' vehicles and such provision shall be retained while the development is in progress. Reason: In the interests of highway safety in compliance with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
23	No path to development hereby permitted shall commence until there has been submitted to and approved in writing by the Local Planning Authority 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. 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 to prevent harm to human health by ensuring where necessary the land is remediated to an appropriate standard in compliance with Policy P1 (Pollution and Development) of the IW Unitary Development Plan.

SECOND RECOMMENDATION - A formal request be made of the Council's Traffic and Transportation Section to give consideration to introducing amended parking controls along Medina Road in the vicinity of the proposed development.

3.

TCP/02593/Z P/00061/05 Parish/Name: Gurnard Registration Date: 10/01/2005 - Outline Planning Permission Officer: Mr. J. Fletcher Tel: (01983) 823598 Demolition of section of building; outline for residential development (revised description); alterations to vehicular access (application to be determined by the Council's Development Control Committee) part of Readers site, Place Road, Cowes, PO317AF

This application is recommended for CONDITIONAL APPROVAL

REASON FOR COMMITTEE CONSIDERATION

Application involves the proposal which is a departure from Statutory Policies and therefore in accordance with adopted procedures the application falls to be determined by the Development Control Committee.

DETAILS OF APPLICATION

Outline consent including details of means of access is sought for residential development on a roughly triangular shape area of land 0.67 hectares in size located fronting Place Road. (Site also includes small area of the adjoining field to the south to both accommodate a realigned access and visibility splay areas.) Siting, design, external appearance and landscaping to be reserved matters.

Application has been accompanied by an indicative layout indicating groups of apartment blocks having in part a frontage onto Place Road and a further group facing south.

Proposal indicates use of the existing southern access however this is to be re-aligned using a small area of the adjoining field in order to provide a right angled access directly onto Place Road. This access will serve the adjoining retained industrial premises. Following negotiations visibility splay improvements are also included which involves the removal of part of the existing hedge in a southerly direction to achieve the required visibility for this type of junction.

Part of the residential development which faces the southern boundary is shown to be served off this re-aligned access on the indicative layout. The remaining element of the development is to be served off the existing access, off Place Road in the north east corner of the site. This access also serves the adjoining allotment land and the property 77 Place Road which runs a coach business from those premises. Parking provision of 1.5 spaces per unit has been indicated on the submitted layout plan.

Indicative layout plan also indicates a total of 77 car parking spaces to serve the retained commercial development with there being additional space to the west for future provision should the need occur.

The immediately adjoining industrial buildings to be subject of the re-investment programme following the sale of the residential site. The remaining buildings cover an area of 4,350 sq metres of which the Company will occupy 3,165 sq metres themselves. Following the modernisation, 70%+ will be taken up by office, showroom, reception, design and product development areas with less than 30% given over to production/storage. Applicants indicate that this "dramatic change in the use of space reflects the plan to reconfigure operations in becoming a higher value business."

The remaining building attaching to the west will be refurbished and offered for sale. This represents approximately 1,000 sq metres which could be sold as one unit on the other hand it has been suggested it could be split into smaller starter units. The other option in terms of this building is to let the space as opposed to selling the space.

Business Plan

Application has been supported by statements from the Isle of Wight Economic Partnership, the applicants, the applicant’s accountants and applicant’s consulting and commercial agents.

These are extensive documents and relevant extracts are summarized as follows:

· Island company currently running at a loss and carries a sizeable overdraft.

· To remain competitive there is an urgent need to invest in:

· Logisitics/supply chain management

· Product development

· Site refurbishment

· IT infrastructure

· New business development

· Action taken to date:

· Supply’s major retail outlet such B & Q, Asda (Wal-mart)

· Development of a manufacturing partnership in the Far East with the formation of a specific company.

· Other current land and property assets either being sold or have been sold off.

· Diversification in the type of products e.g. Agriframes Limited

· Development of new product lines in novelty electrical goods

Employment Implications

· Readers currently employ 170 employees world-wide, 110 on the island and 23 across the south east in Readers Direct To You outlets.

· New investment necessary to secure work of 80-85% of current on island work force for the next two years.

· The future investment will employ fewer in production (12 employees currently working a redundancy notice period whilst creating 5 new higher skilled positions in IT and supply chain management in 2006/7)

· Two year plan to create additional jobs in retail outlets and product development.

· Creation of six “Direct to You” outlets will continue to manage from island based head office.

Investment Details

Logistics/Supply Chain Management:

· Use of modern warehouse facility to accommodate all finished goods and act as supply base to all UK customers.

· Additional inter-island transport costs:

Total costs £155K

Product Development:

· Need to expand diversity of product lines which is a particular requirement of main customers, ie. Wal-mart and B & Q.

· Develop trade with limited number of key account customers to restrict risk and improve profitability.

· Above requires additional investment in support team.

Total cost of £190K

Site Refurbishment

· Need to provide a 21^st century reception are/meeting rooms etc. to transmit a positive and appropriate endorsement for the company’s business

· Infrastructure investment to re-equip existing factory building to offices requiring an upgrade in service facilities.

· Conversion 330 sq metres of warehouse to office accommodation plus contingencies.

Total cost £350K

IT Infrastructure

· Development of new enhanced web site facilities to promote new range of activities with reference to niche house wares and garden trade/retailers.

· Replacement of dated business and financial systems appropriate to current business needs.

· Provision of modern day interfaces for routine daily/weekly exchange of information.

· Recent expansion of retail interests from very low base therefore requirement to provide infrastructure for a 2 million pound per annum turn over.

· Need to take advantage of state of art technology.

Total cost £165K

New Business Development

· Need for company to become more robust in times of adversity within UK retailing.

· Group strength has been servicing retailers over past 50 years and is considered appropriate to capitalize on this strength across greater range of retail opportunities.

· Commissioning of consultants to review business options for newly established garden activities, may require the addition of three new managers.

· Need to focus of new account business which will lead to demand for more commercial sales resources, resulting in additional manager requirement.

Total cost £220K

Total reinvestment programme - £1.8 million

Options which have been considered

1. Sell the Place Road site and build new premises on the site at Cowes Business Park.

Problems:

Value of Place Road site in current state was too low and cost of building on Cowes Business Park too high.

2. Obtain permission for residential development on part of the Place Road site and then build new premises on the site at Cowes Business Park.

Problems:

Financial position dictated the very high density development would be required to achieve an equitable capital receipt with cost of building and risk involved in moving to Cowes Business Park increasing week by week. Also involvement of third parties would have resulted in loss of control of potential project costs.

3. Sell land holding on Cowes Business Park and obtain permission for apartments on the frontage of Place Road and then redevelop existing premises to the remainder of the current site.

Advantages:

Initial sale of site on Cowes Business Park would lessen Readers finance costs and reduce company debt with the bank.

Sale of the residential site will fund necessary business investment in the premises of Place Road. Option offers least development risk and provides enough capital to invest across all company operations.

Floor Space Figures

Present site houses 6,450 sq metres of industrial space and offices of varying age and quality. Proposed residential development will replace just over 2,100 sq metres of the oldest least desirable accommodation abutting Place Road.

Residential Proposal if approved will ensure a 30% affordable housing provision in line with current supplementary planning guidance.

Application has been accompanied by a letter of support from the Medina Housing Association who confirm that provision of affordable housing on this site will need to known housing needs subject to exact details being agreed in respect of design costs etc through the auspices of a Section 106 Agreement.

At the time of finalising this report I am in receipt of an acoustic appraisal prepared by an appropriate consultant with this report being submitted as a result of the suggested condition by the Council's Environmental Health Department. At the time of completing this report, this acoustic appraisal has not been vetted by the Environmental Health Officers however, its conclusions are reported as follows:

· Noise levels affecting the proposed residential accommodation in Place Road are such that the site is within the PPG24 NECB category (PPG24 is the Advisory Document covering Planning and Noise).

· As such acoustic trickle vents in double glazing will provide sufficient noise reduction to provide a good standard of acoustic comfort in those rooms overlooking Place Road.

· Those rooms overlooking any courtyard standard trickle vents in any thermal double glazing will provide a good standard of acoustic comfort.

· Worse case noise levels affecting the proposed development from the operations and activities at the adjacent Reader factory is such that during the hours of operation of the factory the BS4142 difference is 0 decibels. For a typical hour the BS4142 difference will be between -8 decibels and -13 decibels.

Members are advised that whilst the suggested condition requiring the submission of such a report is to be retained at this stage, it is likely that at the time Members consider the application, that condition will be replaced by a condition or conditions resulting from the report, once it has been vetted by the Environmental Health Department.

LOCATION AND SITE CHARACTERISTICS

Reader’s industrial premises cover approximately 2 hectares on the western side of Place Road almost opposite the junction of Place Road with Three Gates Road. The site is surrounded to west, south and partly to the north by open fields although there is a detached property number 77 Place Road which immediately abuts part of the northern boundary of the site. On opposite side of Place Road is established residential development in a mixture of detached houses and bungalows.

RELEVANT HISTORY

In April 1998 consent granted for a single storey extension to provide additional warehouse and administrative space which was to be located to the northern corner of the existing and most recently constructed warehouse extension of the main building complex. This consent has not been implemented and has expired.

Most recent building on the site is a rectangular warehouse facility attached to the north western end of the original buildings and relates to a consent granted in April 1997.

DEVELOPMENT PLAN/POLICY

National policies covered in PPG4 –Industrial and Commercial Development and small firm, PPG3- Housing and PPS1 – Delivering Sustainable Development.

PPS1 – emphasizes the following:

Need to ensure sustainable development (definition of sustainable development – development that meets the need of the present without compromising the ability of future generations to meet their own needs)

Emphasis placed on the important role of the planning system in regulating the development and use of land in the public interests. Such a strategy should promote strong stable and productive economy. Among a number of important aims are:

· Provide for improved productivity, choice and competition particularly when technological and other requirements of modern business are changing rapidly.

· Recognise that all local economies are subject to change planning authorities should be sensitive to there changes and the implication for development and growth.

· Identify opportunities for future investment to deliver economic objectives.

Reference also made to mixed use developments as a contributor to efficient use of land.

Finally, it emphasizes the key role of planning to enable the provision of homes and building investment and jobs in a way which is consistent with the principles of sustainable development. It recognizes that there are several economic environmental, social and other factors which need to be taken into account. It should be emphasized however, that the principle that all applications should be considered in accordance with the statutory planning policies unless material considerations indicate otherwise still applies. It recognises the importance of use of conditions and obligations in ameliorating adverse effects of development.

PPG3 emphasises the following:

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

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

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

· New housing development should not be viewed in isolation but should have regard to immediate buildings in the wider locality.

· More than 1.5 parking spaces per dwelling unlikely to reflect government emphasis on sustainable residential development.

PPG4 provides advice on the role the planning system in relation to industrial and commercial development. Document emphasizes the need for economic growth again at the need to ensure environmental objectives are not compromised.

Document puts emphasis on locational factors with particular reference to minimizing length and number of trips. Also emphases the role played by mixed use developments recognizing that many businesses can be carried out in residential areas without causing unacceptable disturbance through increased traffic, noise, pollution or other adverse effects. Planning decision will of course depend on the scale of the mix and the nature of the use of the site and its location.

Particular care needs to be taken to ensure there is no conflict where new development may be incompatible with existing industrial and commercial activities.

U D P Policies

Most important issue in respect of this application is that the site is outside but adjacent to the development envelope boundary as defined on the Unitary Development Plan.

Relevant Strategic Policies are as follows:

S1 – New Development will be concentrated within existing urban areas.

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

Other local policies of significance are as follows:

G5 – Development Outside Defined Settlements quoted as follows:

Outside defined settlements development may exceptionally be permitted where it requires a rural location, is of benefit to the rural economy, is well designed and landscaped is of an appropriate scale and is one or more of a number of categories of development.

Relevant categories are as follows:

f. a major employment use

h. small scale development ancillary to existing housing, industrial, commercial, tourist recreational or community development

l. appropriate small scale development to create or sustain rural employment.

Caveats against the above mentioned exceptions are:

Reduced the quality of the environment and landscape

Contribute to the merging of settlements or villages with each other.

Harm the setting or village or part of that setting.

Policy G2 – Consolidation and Infilling of Scattered Settlement Outside Development Envelopes as follows:

Proposal for development which will lead to the consolidation of scattered, dispersed or low density development in the countryside will not be permitted.

Other relevant policies are as follows:

G10 - Potential conflict between proposed development and existing surrounding uses.

H9 – Residential Development outside Development Boundaries

H14 – Locally Affordable Housing as an Element of Housing Schemes (including supplementary planning guidance on affordable housing)

E1 – Promote Suitability Located New Employment Uses

E3 – Resist the Development of Allocated Employment Land for Other Uses

E4 – Mixed Uses to Promote Employment Development

C1 – Protection of Landscape Character

TR6 – Cycling and Walking

TR7 – Highway Considerations for New Development

TR16 – Parking Policies and Guidelines

U2 – Ensuring adequate Educational, Social and Community Facilities for Future Population

U11- Infrastructure and Services Provision

L10 – Open Space in Housing Development

Site is within Zone 4 in respect of the Council’s parking policies which requires 0-100% parking provision.

CONSULTEE RESPONSES

Highway Engineer recommends condition should application be approved.

Environmental Health Department requires appropriate condition requesting a noise assessment be carried out.

Environment Agency recommends appropriate conditions covering disposal of foul and surface water drainage, investigation into assessing degree of any contamination and details of the method of piling foundations.

Council’s Assistant Ecology Officer confirms that length of hedgerow which is shown to be removed to accommodate the visibility is not an ancient hedgerow being only approximately 60 years old. She suggests a condition requiring replanting with an equivalent hedge along the back edge of the visibility splays.

Members are advised that the submitted business plan details summarized above (see Details of Application) have been scrutinized by an independent chartered surveyor; reference to his conclusions will be dealt with within the Evaluation section.

Previous local Councillor expressed concern regarding the access entry point off Place Road.

Gurnard Parish Council comment as follows:

The Parish Council in view of the special circumstances of the case has no objection to the principal of limited residential development taking place on the site in spite of it being outside the UDP envelope but it further comments that it has serious reservations and concerns about the three storey aspect of the development as this will adversely affect the current streetscene.

THIRD PARTY REPRESENTATIONS

Application has been the subject of 12 letters of objection and comment 8 from residents of Place Road including one from the neighbouring property owner, one each from residents of Broadfields Avenue, Place Side, Woodvale Road, the Isle of Wight Society and the Northwood Community Partnership. Points raised are summarized as follows:

· Proposal contrary to Unitary Development Plan Policies being outside development envelope and therefore should be resisted. Objectors consider that the justification is insufficient to warrant an exception to those policies.

· Proposal would result in the loss of valuable employment land which in itself may result in future pressures to expand employment uses into the countryside should the need arise.

· Density of residential development is excessive, out of character with the traditional and prevailing low density pattern of development in the area and as such would have an unacceptable impact on the rural setting.

· Proposal provides no buffer between the residential and the adjoining industrial buildings.

· Proposal will result in additional traffic generation on Place Road creating highway hazards to existing users of that road.

· Parking provision is inadequate and likely to result in on street parking in the area.

· Owner of adjoining business premises are concerned that residential use will create conflicts with particular reference to maneuvering of coaches and operational hours of that business.

· Residential development excessive distance from local facilities such as schools and shops.

· Particular concern that the illustrative plan which indicates three storey development is inappropriate in this area and is a further indication of excessive density.

· Some concerns expressed regarding the ability of the existing accesses to service this mix of development.

EVALUATION

The circumstances of the applicant’s business along with the location of the application site raises a number of planning issues all of which require careful consideration before determining the merits of the application. There is no doubt that this proposal should have a recommendation for refusal given all the policy deficiencies applicable to it. It would also set a precedent. However, it has been noted that the applicant has been an established island company for in excess of 50 years and as a company if it is to stay competitive, then fundamental steps need to be taken in order to ensure its continued existence as an island employer via an injection of funds. Therefore the issues which represent material considerations in this case are as follows:

· Policy implications

· Principle and balance of residential/industrial use.

· Re-investment certainty– Section 106 Agreement.

· Density

· Access/parking

· General issues

Policy Implications

The need to both retain and hopefully expand employment opportunities on the island represents a fundamental planning aim and every assistance should be given to ensuring that this is achieved. However, this should not be at the expense of discounting other policy aims such as protecting against inappropriate development, loss of employment land, protection of existing environments currently enjoyed by existing residents. As a general rule, the Local Planning Authority would not countenance residential development in such close proximity to industrial uses especially where a shared access is retained.

Members will note that site’s location outside but adjacent to the development envelope boundary presumes against the principle of residential development and clearly the proposal does not fall within any of the categories within Policy H9 which cites exceptions to residential development outside development boundaries. Therefore, the consideration here is whether or nor the applicant’s have provided sufficient justification within their business plans and supportive evidence to allow an exception in this case. Even had this employment site been within the development envelope, such a justification to change part of its use to residential would have still been required for the proposal is contrary to the employment policies with the Unitary Development Plan with particular reference to Policy E3.

Members will note however, there are both national policies particularly in respect of PPG4 which emphasizes the need to support small businesses and within the Unitary Development Plan general location policies which does allow some flexibility in exceptional circumstances. The site’s location albeit outside development envelope boundary is nevertheless closely related to the urban area of Cowes and as such contributes to the need of the urban economy and employment. I therefore consider it should be dealt with as an urban/suburban employment site despite the fact that its location places it effectively in the countryside from a planning point of view. Therefore I consider it is not unreasonable to apply the general location policies with particular reference to Policy G5 with particular reference to the aim of sustaining employment of this site which is after all the essential reason for the application.

It is important to appreciate that the supportive information has been provided by professional competent persons albeit representing the applicant’s case and these have been summarized elsewhere in the report (see Details of Application).

The two questions that need to be considered are namely whether or not the case that has been put forward is sufficiently robust to warrant an exception in this case and secondly, that investment in the remaining buildings will sustain employment opportunities on the site albeit in different fields of expertise.

The comprehensive written statements have been assessed by an independent chartered surveyor who having carried out a thorough assessment concludes as follows:

“The supporting documentation sets out quite candidly the fact that Readers in under severe financial pressure. After exploring a number of options the Board have concluded that the only viable way forward is to concentrate affairs at the Place Road site and fund the re-investment required by disposing of land and property. Obtaining planning permission for residential development on part of the site appears to be the corner stone of this strategy.

"The comments, in respect of property matters contained within the submission are considered to be relevant and accurate, based on the information available with the conclusions fairly arrived at.

"The market value of the development site under consideration as expressed is considered to be realistic.”

I am therefore satisfied that on the information provided and given the unique circumstances of this employment site, along with its particular location, that the case that has been put forward may justify an exception to basic policies on the grounds that it complies with the basic policy of protecting employment and in the regard this is to be achieved by introducing a mixed use development on the site and therefore can be justified under Policy E4 – Mixed Uses to Promote Employment Development.

Balance of residential/industrial Use

The next consideration is whether or not the applicant has achieved an appropriate balance in terms of land use when comparing residential with employment/industrial use. This is an outline application and the submitted plan indicates the removal of the older industrial building which presently covers the forward area of the site where it faces Place Road with the indicative residential layout consisting of various blocks of apartments. It is important to appreciate that the extent of residential development approximates with the current location of that older industrial building although has a considerably lesser footprint. It is important to appreciate that the final detailed proposals may differ in terms of arrangement of dwellings on the site but as a general principle the proposal in terms of footprint and take up of land is not considered to be unacceptable providing reasonable space between the units and the adjoining retained industrial building.

If Members are mindful to approve the application then condition would be applied which control the use of the adjoining industrial/employment buildings to a use which would be appropriate to a residential area avoiding detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot etc. In other words there would be a restriction on the adjoining use to the appropriate use class (Class B1/B8). Also I would concur with the Environmental Health Department’s request for a noise assessment to be carried out and therefore satisfied that a mix of residential and industrial/business uses is achievable on this site and the submitted plans indicate how that is accomplished.

Re-investment Certainty/Section 106 Agreement

Obviously the Planning Authority should not be considering approving an application of this type without safeguards being put into place which provide as much certainty as can be achieved that the monies which accrue from the sale of the residential land are reinvested in the company. The mechanism to achieve this is through a Section 106 Agreement between the applicant and the Council to which both parties sign up and which satisfy the basic tests of being reasonable, being related to the development proposed and being enforceable. Members will appreciate that this has been a difficult agreement to negotiate and has been the reason why there has been a slight delay in presenting this application to Committee for determination. The re-investment package has been split into two covering protection and retention of employment uses and use of adjoining land.

The former element being the most important covers seven issues which are summarized as follows:

· Provide copy of the signed contract authorizing the re-investment works within two weeks of completion of those contractual documents.

· No residential development to commence until the investment works have been carried out completed and are operational using all the staff employed.

· During the carrying of the investment works the existing business shall continue to trade.

· To submit to the Council evidence of payment of the re-investment figure within an agreed timetable.

· Upon completion of the investment works commence operation using all staff as set out in the owner’s submission.

· The owners shall allow Council access to the land following completion of this agreement and following commencement of the operation. Inspection shall take place without notice and photographic evidence shall be obtained that the agreement is being complied with.

· Evidence shall be provided confirming that staff employed by the existing business and those employed by the improved business have been achieved.

In terms of use of the buildings, applicants to sign up to the use being within class B1 and/or B8 as described above.

I believe that the above represents sufficient level of safeguard for the Council although there can never be 100% guarantees that the business will continue to function in the long term for market forces will always play a role in a highly competitive market.

It is however not unreasonable to expect the business to continue at least in the short term following the completion of the reinvestment programme.

Other important factors within the 106 Agreement relates to an education payment of £2145/unit and an open space and recreational payment of £290/unit. These payments will be based on the level of development being proposed and pressures that they will bring to bear on both the educational service and local open space and recreational facilities.

Secondly, the residential element will be expected to provide 30% affordable housing to be managed by a registered social landlord (Housing Association). Development not to commence until the affordable housing scheme including timetable and programme relating to the tenure phasing and location of affordable housing on the development has been submitted to and approved by the Council. Members’ attention is drawing to the supportive letter of the Medina Housing Association in this regard.

From the above Members will note that not only have appropriate measures been taken to ensure re-investment but also the local community will benefit from the proposal in terms of contribution and provision of affordable housing at a 30% level in accordance with the supplementary planning guidance requirements.

Density

Initially the application included siting and indicated a specific density of 42 units with indicative elevations showing 3 storey development. Despite the relationship to the retained industrial buildings this was considered to be excessive out of character with the prevailing pattern of development in the area. This was particularly the case as it was clear that to achieve this density it would require 3 storey development. Members will also note the concerns of local residents in respect of this issue.

Given these concerns the applicant has omitted reference to siting and therefore to specific density. If Members are mindful to approve the application then it is important that both the density and therefore the general scale of development both respects the established residential character of the area whilst recognises its particular location adjacent to industrial/employment buildings.

I therefore consider it would be appropriate to establish a density by way of condition. This would flag up the importance of density to any future developer. I therefore suggest a condition limiting development to 34 units which would equate to 50 units/hectare. This would result in a density which would be at the top end of the 30-50 units/hectare range referred to in PPG3 a level which I consider to be acceptable given the circumstances of the site.

Access/Parking

Access is a material consideration in respect of this application and Members will note that in order to accommodate in part the residential but also to service the retained industrial buildings, the main access on the southern side of the site has been re-visited to the extent that a small area of adjoining agricultural land is included to insure an improved re-alignment. Some negotiations have taken place with Highways who are now satisfied that the proposal and are recommending conditional approval.

In terms of traffic generated from this development, whilst no direct comparisons have been provided this residential development is replacing an existing industrial floor space in itself when fully used would attract traffic. In any event the Highway Engineer is satisfied that the mix of uses can be served by both the re-aligned access and the existing access to the north.

Parking provision is set at 1.5 parking spaces per unit which is the advised level indicated in PPG3 and in terms of flatted development and is therefore compliant with national and local policies.

General Issues

Members will note the recommendation from the Environment Agency to which I would concur and if Members are mindful to approve then I would suggest that these conditions be added. The issue of general drainage capacity can also be covered by way of condition requiring the submission of calculations in respect of foul drainage. In terms of surface water drainage, because the proposal is likely to result in more impervious areas than currently exist, then surface water drainage should not be a problem or cause any major impact on adjoining land.

In terms of immediate impact on adjoining properties to the north, whilst the concerns have been noted, I am satisfied that the parking provision should be sufficient to accommodate this development without there being off site parking.

In terms of sustainability, the site’s location in this case provides immediate access to bus stops which sited on both sides of Place Road opposite the site. Also because of its location adjacent the main road into and out of Cowes, gives it easy access to local schools. Also, the site is in reasonably close proximity to Northwood Recreation Ground.

Conclusion

If Members are minded to accord job preservation more weight in their consideration of this application than they do to other land use policies they need copper bottomed guarantees that the proceeds from the sale/development of this land are re-invested in their totality in Readers commercial activities.

Accordingly, Members have, in effect, 2 choices:

1. To refuse the application as being contrary to planning policies, heads of which are:

· Proposal represents an undesirable extension of residential development prejudicial to the rural character of the area.

· Evidence produced is insufficient to outweigh policies restricting residential development in the countryside.

· Location of the residential development relative to the adjoining industrial development is likely to result in environmental conflict between the two uses incapable of a satisfactory solution.

· Loss of employment contrary to policies which seek to protect employment.

2. To grant conditional permission for the application as submitted, but instead officers to take outside advice from counsel if necessary - to ensure that any s106 monies are used in their entirety for job preservation for at least the next few years and cannot be diverted into other purposes.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report, it is considered that sufficient evidence has been provided to establish that an exception to policies are acceptable in this case in order to ensure as far as possible local employment use can continue on this site through the re-investment of monies accrued from change of use of part of the site to residential. Such an approval to be subject of appropriate conditions and legal agreement insuring the re-investment programme detailed in the accompanying statement is carried out.

RECOMMENDATION – Approval (subject to conditions which includes a requirement to enter into a Section 106 Agreement and subject to referral procedures to the Government Office of the South East on the grounds that the proposal is a departure from statutory policies and subject to obtaining counsel advice regarding re-investment certainty to ensure job preservation in the future).

Conditions/Reasons:

1	Time limit - outline - A01
2	Time limit - reserved - A02
3	Approval of the details of the siting, design and external appearance of the building(s) and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. Reason: In order to secure a satisfactory development and be in accordance with policies S6 (Standards of Design), D1 (Standards of Design), D2 (Standards of Development Within the Site), D3 (Landscaping), TR7 (Highway Consideration for New Development) of the IW Unitary Development Plan.
4	The development permitted by this planning permission shall not be initiated by the undertaking of material operation as defined in Section 56 (4) a-d of the Town & Country Planning Act 1990 in relation to the development until a planning obligation pursuant to Section 106 of the said Act relating to the land has been made and lodged with the Local Planning Authority and the Local Planning Authority has notified the person submitting the same that it is to the Local Planning Authority's approval. The said planning obligation will provide for: a) necessary assurances that monies accrued from the sale of the residential site is used for the protection and retention of employment in the remaining business use. b) the sum of £2,145 per unit to be paid to the Local Planning Authority as a contribution to educational facilities. c) The sum of £290 per unit to be to the Local Planning Authority for the purpose of upgrade to local open space and recreational facilities. d) The provision of 30% of locally affordable housing as an element of the overall housing scheme. Reason: To ensure retention of employment opportunities, provision of education facilities, open space and recreation facilities, provision of affordable housing in compliance with Policy G5 (Development Outside Defined Settlements), Policy U2 (Insuring Adequate Educational, Social and Community Facilities for future population) and Policy H14 Locally Affordable Housing as and element of housing schemes) of the IOW Unitary Development Plan.
5	The abutting retained premises on the north western boundary shall not be used for the carrying out of an industrial/employment process other than one falling within Class B1 or B8 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or any provision equivalent to that class in any statutory instrument evoking or reenacting that Order with or without modifications. Reason: In the interest of the amenities of future residential residents to comply with Policy G10 (Potential Conflict between proposed development and existing surrounding uses) of the IOW Unitary Development Plan.
6	Before the residential development commences a scheme specifying that provision has been made for the control of noise emanating from the retained adjoining industrial premises shall be submitted to and approved in writing by the Local Planning Authority and all works forming part of the approved scheme shall be completed in accordance with the approved details. All sound attenuation work shall thereafter be retained. Reason: To protect the amenities of adjoining residential residents and to comply Policy P5 (Reducing the Impact of Noise) of the IOW Unitary Development Plan.
7	No equipment finished or unfinished products or parts, crates, packing material shall be stacked or stored on the site at any time except within the adjoining retained buildings. Reason: In the interest of visual appearance of the site and the visual amenity of the surrounding area and to comply with Policy D1 (Standards of Design) of the IOW Unitary Development Plan/
8	No industrial process as defined in the Town and Country Planning (Use Classes) Order 1987 (or any Order revoking and re-enacting that Order with or without modification) shall be carried on at the retained premises outside the building(s) hereby approved. Reason: In the interests of the amenities of the area and to comply with policy P1 (Pollution) and D1 (Standards of Design) of the IW Unitary Development Plan.
9	No development shall take place until a detailed scheme including calculations and capacity studies have been submitted to and agreed with the Local Planning Authority indicating the means of foul water disposal. Any such agreed foul water disposal system shall indicate connections at points on the system where adequate capacity exists to ensure any additional flows do not cause flooding or overload the existing system. Reason: To ensure an adequate system of foul water drainage is provided for the development in compliance with Policy U11 (Infrastructure and Services Provision) of the IOW Unitary Development Plan.
10	Limited to a maximum of 34 residential units. Reason: To ensure that the density of development does not exceed 50 units per hectare as advised in PPG3 - Housing March 2000
11	Construction works shall not begin until a scheme for protecting the proposed residential development from any noise from the plant and machinery operated the retained industrial buildings abutting the northwestern boundary as shown on the attached plan has been submitted to and approved by the Local Planning Authority; all works which form part of the scheme shall be completed before any part of the noise sensitive development is occupied. This scheme shall include proposals for ensuring that the guideline levels set out in British Standard 8233 1999 for residential accommodation are complied with that all necessary works are supervised by competent persons (a competent person may be contacted through the Association of Noise Consultants (6 Trapp Road, Guilden, Morden, Nr Royston Herts SG8 0JE telephone 01763 852958) and that upon completion of all works testing is carried out and the report submitted to the Local Planning Authority to verify the schemes effectiveness. The work and scheme thereafter shall be maintained in accordance with the approved details. No alterations to the structure roof, windows, and external facades of the adjoining building shall be undertaken without the prior written approval of the Local Planning Authority. Reason: To prevent annoyance and disturbance in particular sleep disturbance to the future occupiers of the development from noise emissions from the neighbouring industrial use in accordance with Policy P5 (Reducing Impact of Noise) of the IOW Unitary Development Plan.
12	No development shall take place until the developer has carried out adequate investigation to assess the degree of contamination of the site and to determine its water pollution potential. The methods and extent of the investigation shall be agreed with the Local Planning Authority before any work commences. Details of appropriate measures to prevent pollution of ground water and surface water including provisions for monitoring shall be submitted to and approved in writing by the Local Planning Authority. Reason: To prevent pollution of the water environment as the site may be contaminated due to the previous use in compliance with Policy P1 (Pollution and Development) of the IOW Unitary Development Plan.
13	No soakaway shall be constructed in contaminated ground. Reason: To prevent pollution of the ground water and in compliance with Policy P1 (Pollution and Development) of the IOW Unitary Development Plan.
14	The method of pilling foundations for the development shall be carried out in accordance with the scheme to be approved in writing by the Local Planning Authority prior to any development commencing. Reason: The site is potentially contaminated and pilling could lead to contamination of the underlying aquifer in compliance with Policy P1 (Pollution and Development) of the IOW Unitary Development Plan.
15	The residential development hereby approved shall be serviced entirely off the existing northern access off Place Road and development shall not begin until details of any amendments to that access including disposal of service water drainage have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with those approved details. Reason: To ensure that an adequate standard of highway access and drainage and to separate the residential traffic from the commercial traffic in compliance with Policy TR7 (Highway Considerations) of the IOW Unitary Development Plan.
16	Development shall not begin until details of design surfacing and construction of any new footways, car parking areas together with details of means of disposal of surface water drainage therefrom 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 access and drainage for the proposed dwellings to comply with Policy TR7 (Highway Considerations) of the IOW Unitary Development Plan.
17	No dwelling shall be occupied until the parts of the service road which provide access to it have been constructed, surfaced and drained in accordance with the 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 dwelling and to comply with Policy TR7 (Highway Considerations) of the IOW Unitary Development Plan.
18	Development shall not begin until details of the sight lines to be provided at the southern 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.
19	Pedestrian/cyclist access - J31
20	Dwelling hereby permitted shall be occupied] until space has been laid out within the site and drained and surfaced in accordance with details to be submitted to and approved by the Local Planning Authority in writing for cars/bicycles to be parked and for vehicles to be loaded and unloaded and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
21	Any landscaping scheme shall insure buffer screening along the southern boundary and frontage boundary onto Place Road and shall include some advance replacement hedge planting along the back edge of the newly formed visibility splay to the southern access to the site off Place Road. Reason: To ensure the appearance of the development is satisfactory to comply with Policy D3 (Landscaping) of the IOW Unitary development.
22	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 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, 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, 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. 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 Policy P3 (Restoration of Contaminated Land) of the IOW Unitary Development Plan.

4.

TCP/16570/J P/00380/04 Parish/Name: Shanklin Registration Date: 20/02/2004 - Full Planning Permission Officer: Mr. J. Mackenzie Tel: (01983) 823567 Demolition of industrial buildings; construction of single storey retail store with associated storage and staff facilities; alterations to access; parking provision site of Teknacron Circuits Ltd, Landguard Manor Road, Shanklin, PO37

This application is recommended for Conditional Approval

REASON FOR COMMITTEE CONSIDERATION

The proposal is a major submission and there are a number of significant issues to be resolved.

DETAILS OF APPLICATION

Full permission sought for the construction of a single storey retail store with associated storage and staff facilities comprising 1820m² gross external footprint; alterations to the access and parking provision.

Plans show a new building with overall dimensions of 70.5 metres in length with a maximum width of 32 metres, sited adjoining and parallel to the southern boundary of a distance of 1.2 metres and, in turn, located 16 metres from south western corner of the site where it abuts Hyde Road. The building will measure 4m to eaves, 8.5m to ridge. The remaining land on the north western side and eastern side shown laid out to car parking and access with an access coming in from Landguard Manor Road close to the north boundary of the site, an extension of which would serve the land to the north. A total of 120 car parking spaces in shown with some peripheral landscaping around the car parking area where it adjoins Landguard Manor Road and the access road leading into the site. Plans show the delivery area situated to the south western end of the building between 8 and 10 metres from the south western boundary.

Plans show the building to be single storey steel framed and finished externally in render and painted white with a grey plinth under a red concrete tiled roof. Floor area of the building to be set out to have an internal sales area of 1286 m², warehouse to be 380 m² with 68 m² of staff facilities. As previously mentioned delivery vehicles would enter at the south western end where a compactor is also located for the compression of cardboard etc. wastes for removal on the site.

Sections show the retail units ground floor is on one single level resulting from substantial ‘cut and fill’ with the resultant ridge level of the building at a similar level to the access road serving Lower Hyde Leisure Centre.

Further in support of the application is a Planning Consultant’s Retail Assessment (submitted as part of the application) and the summary and conclusions state: -

· The application is a brown field site whose redevelopment would accord with current national policies on promoting sustainable development.

· The site is shown as unallocated within the adopted Isle of Wight UDP proposals map.

· While previously in employment use, the loss of the site to an alternative land use has already been accepted through the granting of planning permission for residential development.

· There is a quantitative need for additional convenience floor space within the Shanklin area, as shown by the Retail Capacity Study, which shows a significant disparity between the amount of available expenditure and the notional turnover of existing stores.

· The proposed store would meet a qualitative need: (1) to recapture identified expenditure leakage; and (2) to provide a new format of retail offer not presently available to shoppers on the Island.

· Recapturing trade from more distant stores outside Shanklin would assist in reducing car travel, in line with sustainable development objectives.

· No other site has been identified within or closer to the town centre that is both available and suitable to accommodate the development proposed.

· The store would be located within walking distance of the town centre allowing linked shopping trips with other shops.

· Site is easily accessible by car, bus and rail as well as on foot from the surrounding residential areas.

· The new store would have no adverse effect on the overall vitality and viability of Shanklin town centre.

To test this comment the Council appointed its own retail consultants.

Also in support of the application is a Transport Study which evaluates existing and expected patterns of transport the summary and conclusions as follows: -

· The site is well located in regard to its proximity to its existing residential, employment, complimentary shopping and recreational facilities allowing the opportunity to link trips.

· It lies on existing transport routes for buses, bicycles and pedestrians and is immediately adjacent to Shanklin railway station

· It meets national and local government policy in the nature of its location at the edge of the town centre of Shanklin, its relationship to existing facilities and comprises a sustainable form of development.

· The proposal will provide the opportunity for shoppers to combine trips to the town centre using sustainable modes of transport.

· It has been demonstrated that the access road and Landguard Manor Road junction will operate satisfactorily.

· The site has good accessibility by pedestrians, cycle, public transport and private car.

In conclusion states the proposal promotes a development which will compliment the existing town centre of Shanklin. It is compliant with national and local government policies given its location and a highly accessible and sustainable development where is benefits from existing public transport and pedestrian routes. There are no grounds for objection for transport reasons.

The application states that there will be one goods delivery per day and that vehicle would remove generated waste.

LOCATION & SITE CHARACTERISTICS

Site has an area of approximately 0.79 ha of a very roughly rectangular shape located on the west side of Landguard Manor Road on the north side of the former route of the Shanklin to Ventnor railway line (now the access to Lower Hyde Leisure site) and occupies part of the land formerly known as the Teknacron site. Site is low lying, beneath the former embankment located to the south with land at a lower level than most of the surrounding land from the east through south to the eastern quadrants. A frontage of 43 metres to Landguard Manor Road, an overall depth of 143 metres, the site has been cleared. The land probably contains some contaminants.

The south boundary is marked by the bottom of the railway embankment, the west by a tree and scrub hedgerow which abuts a track leading northwards towards allotments and part of Lower Hyde’s ground linking it to Hyde Road just to the north of the former railway arch. Further to the west is a line of semi and detached residential properties, to the north west an open leisure area containing tennis courts, part of the Lower Hyde complex, whilst to the north other unused land formerly part of the Teknacron site. To the north east is another piece of land, not contained within the application site which is essentially undeveloped, formerly used in connection with gas supply and, beyond, a line of residential properties fronting Landguard Manor Road.

RELEVANT HISTORY

In November 1999 a planning application was submitted for the residential development of the whole site including both the current application site and the land immediately adjoining to the north. Outline planning permission was subsequently granted, the permission being dated 10 October 2001 following the conclusion of a legal agreement which required Teknacron to relocate and commence trading on an alternative site. The planning obligation was fulfilled but, as Members will recall, Teknacron subsequently ceased to trade due to financial problems. Despite that, the planning permission was validated and expires in October of this year unless details are submitted and approved in which case a further 2 years of permission will follow.

DEVELOPMENT PLAN/POLICY

National Policy - PPG/S

PPG6 - Town Centres and Retail Developments - and PPS6 - Planning for Town Centres - set out the objectives to concentrate new shopping developments to sustain and enhance the vitality and viability of town centres by assessing need or capacity for new retail floor space and choosing appropriate sites sequentially. The sequential approach would be a preference for a Town Centre location first; then edge of centre; out of centre and lastly out of town.

Edge of centre sites would be described as being within easy walking distance (up to 300 metres) often providing car parking which would serve the centre as well as the store.

Out of centre sites would include locations which were clearly separate from the Town Centre but not necessarily outside of the Urban Area.

Out of Town sites are those which are clearly not within the current urban boundary.

UDP - unallocated but within the designated development envelope.

Relevant UDP policies are: -

R1 – Planning proposals that protect and maintain and/or enhance the retail function of defined town centres as a whole will be acceptable in principle.

R2 – Planning proposals for new retail developments will be acceptable in principle provided they take place within defined town centre shopping areas. Outside the defined shopping area, planning applications for small shops will be approved provided they:

a) Serve a local need only;

b) Are located within the existing village settlements or are ancillary to a tourist of farming operation, or are associated with an existing service station.

Applications involving the loss of local shops and pubs will not be approved where it is shown that this will have a damaging impact on the local community.

R4 – Planning proposals for retail development will be acceptable in principle when they are located within defined town centre shopping areas. Where no suitable town centre sites are available to meet an identified need, sites on the edge of town centres may be considered where it can be clearly demonstrated that no other sites with better access to a town centre are available or likely to become available; there is an over riding need for the scheme, the scheme does not have an unacceptable impact on the vitality and viability of existing centres and the overall proposal accords with the Council’s overall strategy for sustainable development, in particular in respect of the use of means of transport other than the car. In addition proposals will only be permitted when they: -

a) Will not result in the loss of identified employment land;

b) Do not have any unacceptable detrimental impact on the historic character of the town;

c) Provide appropriate parking and highway elements which contribute to the effective management of the town in accordance with the Council’s overall strategy for sustainable development.

E3 – Planning applications which protect or enhance the employment use of existing and allocated employment land and premises will be approved. Applications for the change of use of land or premises to those outside employment use will not be permitted. The only exceptions to this policy will be where:

a) There is an identified need for the proposed use and no other suitable site is available; or

b) Where alternative equivalent floor space suitable for employment purposes can be found in the area without releasing land outside the development envelope boundary for development; or

c) The loss of the site would not prejudice the ability of the area to meet local employment needs; or

d) The development involves the relocation of a non-conforming use from an unsuitable existing site; or

e) The proposal is for the overall development of the site and involves an acceptable mix of uses.

TR3 – Planning proposals for development which minimise the need to travel, especially by car, will be acceptable in principle. The Council will therefore seek to locate new developments which will create significant travel demand, within existing defined settlements which are easily accessible by public transport, bicycle and on foot.

TR4 – Planning applications for developments which, by their nature, attract a significant number of persons, such as large retail uses, tourist attractions, residential developments or places of employment, must include a supporting statement which shows how the proposal has addressed the need to reduce travel to and from the development by car. The Council will require to be satisfied that adequate measures have been taken to provide for public transport, bicycle and foot travel, before approving any application.

TR7 – Planning applications for new development will be approved where they take account of the following matters, for highway safety:

a) That provision of facilities within the development has been made so as to ensure the safe movement and separation of vehicular traffic, buses, bicycles and pedestrians;

b) That any new road layout, including vehicular access, road junctions and crossing points are constructed to provide safe conditions for all road users, particularly the need of the more vulnerable, such as cyclists, pedestrians, and the disabled.

The site is not within an Area of Outstanding Natural Beauty, nor within a conservation area and is not subject to any other designations or environmental or ecological constraints.

CONSULTEE RESPONSES

Highway Engineer recommend conditions if approved.

Environmental Health (Contaminated Land) Officer recommends conditions to deal with contamination if approved and Environmental Health Officer requires conditions if approved regarding noise, hours of operation and deliveries.

County Ecologist originally raised concerns regarding possible badger activity on the site which has subsequently been investigated but at the time of investigation no evidence of setts was found.

PARISH/TOWN COUNCIL COMMENTS

Shanklin Town Council – no comment.

THIRD PARTY REPRESENTATIONS

Six letters of objections on grounds of increased traffic, especially heavy lorries with daily deliveries, light pollution and disturbance due to noise from deliveries and customers and essentially no established need for further supermarkets in the area, 31 letters of support from local residents expressing desire for further competition and increased provision for local residents. Petition of 778 signatures supporting.

EVALUATION

This application seeks consent to establish a small supermarket of approximately 1800 m² gross at a location which should be described as out of centre on a site previously in employment use but subsequently the subject of a planning permission for residential development.

Determination of this application is considered to be on matters of principle and policy, design and other visual issues; contamination of land; traffic, highways parking issues; effect on adjoining properties and wildlife issues.

Policy and Principle

Policy E3 of the UDP seeks to protect existing employment sites but planning permission has already been granted for the loss of this site in favour of a residential use as explained in the planning history above. Indeed the employer who formerly occupied this site has vacated, relocated at Sandown Airport and subsequently went into liquidation shortly after but the planning permission for residential development was validated and remains extant. Furthermore, despite the fact that the primary use of the site proposed is that of retail, there is a comparatively important employment element in the proposal, namely 35 full and part time jobs

PPS6 is the National Planning Guidance relating to town centres, and effectively, advises local authorities on the way which retail developments should be considered and determined. Firstly, determination must be made to ascertain whether or not there is spare capacity in the retailing structure both locally and in the wider area to justify further floor space and, secondly, the site which is chosen should be sequentially assessed to ensure that sites are a close or closest proximity to the active town centre to enable shopping visits to be combined rather than individual journeys to several different shops, thus generating higher levels of vehicular use.

Establishment of spare capacity: the retailing assessment of the consultants which accompanied the application claims there to be spare capacity. The Council’s own Retail Consultants (appointed in connection with the LDF work) have carried out exhaustive work and establishes that there is sufficient spare capacity in the retail sector to accept this development without prejudicing any desirable and foreseen additional floor space elsewhere, thereby confirming the applicant's own assessments.

Having shown that, locally there is spare capacity which could be met by the erection of a new retail unit such as that proposed, the guidance in PPS6 requires the application of a sequential test to determine (if the principle of additional floor space is established) an appropriate location.

PPS6 describes different types of centres, types of location and types of shop. In terms of the location sites can fall into town centre, edge of centre, out of centre and out of town and shops fall into different categories in terms of their size. On the basis of the site's location, it is considered to be out of centre since it is just over 300 metres from Regent Street shopping facilities but around 250 metres from the Somerfield Store, from neither of which is it easy to access the site on foot. The site is clearly separate from the primary shopping area of Shanklin. However, sequentially for the size of store presently proposed, there are no sites closer to the primary shopping area which have been identified as being available and of sufficient size to accommodate the current proposal.

Sequentially, bearing in mind the location of the main shopping areas of Shanklin and the availability of a site of adequate size to accommodate a building of the capacity currently proposed (with or without car parking) it is indeed difficult to see where an appropriately sized site could be made available to accommodate a proposal such as that currently under consideration.

Compatibility of a retail use of this site with the remainder of the land to the north developed for residential purposes is also a factor in determining this proposal but I consider there to be a presumption of compatibility since it would be expected that such a retail enterprise would be situated within a development envelope and therefore in comparatively close proximity to residential property.

In summary therefore, this size of retail unit in this location is considered acceptable and in accord with national and local policy.

Design and Visual Impact

In design terms, the proposed building is of a style consistent with the corporate image in terms of proportions, finishes and style and bearing in mind the siting, which is somewhat detached from the highway and comparatively well hidden from view, it is not considered the building would have significant visual impact except from within the immediate vicinity of the site. As previously mentioned the land immediately adjoining the south of the site, which currently services Lower Hyde Holiday Park is a tree lined bank at a height which is consistent with ridge level now proposed and therefore little impact in townscape terms would result.

In highway terms the Council's Highway Engineers have identified certain shortcomings with the submitted scheme, requiring comparatively limited revisions regarding layout of the access road and visibility splays, together with provisions for footpaths and crossings to enable more convenient and ready access to the site for pedestrians. Similarly, following the submission of a comprehensive traffic assessment by the applicants, the Highway Engineers are not opposed to the land use, subject to the satisfactory amendment as detailed above.

Turning to the effect on adjoining properties, few existing properties will be affected by the activities within the building or the site, with the exception of some properties, within only a few metres to the south west, those properties which front north side of Hyde Road beyond the former railway bridge. These properties are within very close proximity separated from the site by a narrow access track which serves the allotments, situated to the north of the aforementioned residential site.

Concern has been raised by at least one local resident due to the proximity of the compactor and delivery bay and the resultant disturbance from lorries reversing and the operation of the refuse compactor. These issues can be covered by condition.

With respect to the impacts of wildlife, the site was formerly used as an employment site, and industrial undertaking which covered much of the application site. Although allegations of badger activity have been made but no further evidence in support of the allegation has been received. Majority of the site has been cleared.

CONCLUSION AND JUSTIFICATION

In conclusion the development of this site for retail purposes is felt to be both appropriate in retail capacity terms and appropriate in terms of its location. It is acknowledged that this is the first deep discount store on the Island and although, initially, it may attract patronage from a wider catchment area, in the long term it is likely to serve a more limited catchment area in and around the Shanklin area. Typically this kind of store attracts customers primarily from a 5 minute drive time catchment area, i.e. Sandown, Lake, Shanklin and Ventnor.

Matters relating to highways and traffic have been negotiated and resolved and, in terms of design and visual, the development is felt to be acceptable and consistent with the adjoining development proposed on the northern part of the site. It is therefore considered that the development, if approved, would be consistent with PPS6 and policies G1 (Development Envelopes), G4 (General Locational Criteria for Development), D1 (Standards of Design), D2 (Standards of Development within the Site), TR7 (Highway Considerations for New Development), R1 (Existing Town Centres), and R4 (Development on Unidentified Sites) of the Isle of Wight Unitary Development Plan.

RECOMMENDATION - Conditional permission (subject to a S106 Agreement to secure highway improvements including the provision of a pedestrian crossing)

Conditions/Reasons:

1	Time limit - full - A10
2	Submission of samples/details - S03
3	Details of hard and soft landscaping - M10
4	Boundary details - M33
5	Notwithstanding conditions 3 and 4 above, boundary fencing/screening/planting shall be carried out for the full length of the north western boundary of the site in accordance with a scheme to be submitted to and approved by the Local Planning Authority prior to the commencement of works on site. The approved scheme shall include a substantial boundary fence and tree and shrub planting and shall be implemented fully in the first planting season following completion of the development hereby approved. Reason:
6	The use hereby permitted shall not be open for business outside the hours of 08.00 to 20.00 Mondays to Fridays, outside the hours of 08.00 to 18.00 hours on Saturdays and Sundays. Reason: To prevent annoyance and disturbance, in particular sleep disturbance, from noise and emissions from the premises.
7	No deliveries to or dispatches from the premises shall take place outside of the hours of 07.00 to 18.00 Mondays to Fridays, outside the hours of 07.00 to 13.00 hrs on Saturdays and at anytime on Sundays or Bank Holidays. Reason: To prevent annoyance and disturbance, in particular sleep disturbance, from noise and emissions from the premises.
8	Noise emitted from heating, ventilation, air condition, refrigeration and similar equipment from the use hereby approved shall not exceed LAEQ 5 minute of 37DB (and shall have no significant tonal component within any one third octave band level. Where any one third octave band level is 5 DB or above the adjacent band levels the tone is deemed to be significant). Between 23.00 and 07.00 hrs daily, and shall not exceed LAEQ 60 minute of 48DB at anytime (and shall have no significant tonal component within any one third octave band level. Where any one third octave band level is 5DB or above, the adjacent band levels the tone is deemed to be significant) between 07.00 and 23.00 hrs daily. The noise levels shall be determined at one metre from any nearby noise sensitive premises by measurement or calculation. The measurements and or calculation shall be made in accordance with BS 4142:1997. Reason: To prevent annoyance and disturbance, in particular sleep disturbance, from noise and emissions from the premises.
9	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) An up to date 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 and 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 to oversee the implementation of all remediation. The construction of building 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, control waters 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 2A of the Environmental Protection Act 1990.
10	Development shall not begin until details of the junction between the proposed service road and the highway have been approved in writing by the Local Planning Authority; and the building shall not be occupied until that junction has been constructed in accordance with the approved details. Reason: To ensure adequate access to the proposed development and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
11	No retailing from the site shall take place other than within the main retail area as shown on the plan hereby approved. No retailing of goods, storage of goods or packaging or of any other items of any description shall take place outside of the building hereby approved. Reason: In the interests of the visual appearance of the site and the visual amenity of the surrounding area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
12	No external storage or deposition of waste or packaging shall take place outside of the building except in the area marked 'compactor' of shown on drawing no. 1038-03 attached to and forming part of this decision notice. Reason: In the interests of the visual appearance of the site and the visual amenity of the surrounding area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
13	A minimum of 90% of the retail floor area hereby approved shall be retained at all times for convenience retailing (as defined by PPS6). Reason: To allow the Local Planning Authority to consider the acceptability of an alternative use in accordance with Policy R4 of the IOW Unitary Development.
14	Details of provision for refuse - G31
15	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 the building 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.
16	Prior to commencement of works on site, a further survey of the site to ascertain whether or not badgers are present on the site. The survey should be carried out by a competent person and the results relayed to the Local Planning Authority prior to the commencement of any works on site. Reason: In the interests of the ecology of the area.
17	Details of roads, etc, design and constr - J01
18	The store shall not be occupied until the parts of the service roads which provide access to it have been constructed, surfaced and drained in accordance with plans/details which have been submitted to and approved by the Local Planning Authority. Reason: To ensure an adequate standard of highway and access for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
19	Visibility and sight lines - J20
20	Vehicular access - J30
21	Pedestrian/cyclist access - J31
22	The building hereby permitted shall not be occupied until space has been laid out within the site and drained and surfaced in accordance with drawing number 1038-02 cars/bicycles and for vehicles to be loaded and unloaded and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
23	The method of piling/ foundations for the development shall be carried out in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority prior to any development commencing on site. Reason: The site is contaminated/potentially contaminated and piling/foundation work could lead to the contamination of the underlying aquifer.
24	Site drainage -
25	Site drainage - trapped gullies - V13
26	Highway safety - L18

5.

TCP/16570/M P/00211/05 Parish/Name: Shanklin Registration Date: 14/02/2005 - Reserved Matters Officer: Mr. J. Mackenzie Tel: (01983) 823567 Residential development of 38 houses and 15 flats with garages/parking; alterations to vehicular access (revised scheme)(this application will be determined by the Council's Development Control Committee) (revised description - readvertised application)(aorm) part of Teknacron Circuits Ltd, Landguard Manor Road, Shanklin, PO37

The application is recommended for Conditional Approval

REASON FOR COMMITTEE CONSIDERATION

Application is directly connected with a potentially contentious application on the adjoining site and also represents a major submission where there are a number of significant issues to be resolved.

DETAILS OF APPLICATION

Approval of reserved matters is sought for 38 houses and 15 flats with garages and parking together with alterations to the vehicular access on the brownfield site of 1.05 ha. Plans show access to be shared with the retail development proposed on the adjoining site to the south. The access road runs parallel to the north eastern boundary with frontage development of three pairs of semi-detached house and a terrace of three with a further access road traveling in a westerly direction into the lower area of the site wherein the building are arranged around a courtyard in terraces of two and three storey buildings. The main part of the courtyard is proposed to be surfaced in paviours and contain delineated car parking for the units.

The northerly tract of land is proposed to be developed on the north eastern side of a cul-de-sac of paviours and comprises four pairs of semi-detached houses and three detached units around a turning area towards the northern extent. This are is fairly heavily treed on its north east and north western boundaries and the buildings have been sited to avoid tree growth as far as possible. The trees are not subject to a Tree Preservation Order.

The plans submitted show a range of property sizes and accommodation including 25 x 3 bed units, 25 x 2 bed units and 3 x 4 bed units. 15 of the 2 bed units are in flats. The site will be developed at 50 units/ha consistent with PPG.

Plans also show there to be 5 different designs of houses plus a scheme of flats with materials including brickwork, render, some artificial stone and some half timbering. Some of the designs include feature tile cladding and all have either hipped or gabled roofs finished in either plain concrete tiles or slate with concrete ridge tiles and hips as a detail. Although the application states that materials will be tile, slate, artificial stone and brick, no specific materials have been detailed at this time.

LOCATION AND SITE CHARACTERISTICS

Site is approximately 1.05 hectares comprising part of the former Teknacron site located at the junction of Landguard Road with Landguard Manor Road at Shanklin.

The site comprises two tracts of land comprising approximately half of the former Teknacron industrial site, the northern half which links through to the second tract of land, roughly rectangular, abutting the public footpath which runs from Landguard Manor Road through towards Landguard Caravan Park. A narrow access corridor links the two pieces and the land immediately adjoining the south western side is an area of cultivated allotments. To the northwest part of the Lower Hyde Caravan Park whilst to the north east the extensive rear gardens of properties fronting Landguard Manor Road and Donnington Drive. To the south of the southern most tracts is the open, cleared site of Teknacron the subject of a further application which seeks consent for retail purposes. The western side of the main body of the site abuts some residential property towards the southern extent and an open amenity area connected with the Lower Hyde Camping Park.

The site is low lying, is naturally screened along the southern boundary of the adjoining site by substantial natural growth and the former embankment which carried the railway towards Wroxall. The area is one of mixed uses, tourism accommodation, residential use and the Shanklin Station in close proximity.

RELEVANT HISTORY

Outline planning permission was granted for residential development in October 2001. Reference No TCP/16570/H with all matters reserved. This permission was granted as an exception to policy as an enabling development for the former Teknacron business to relocate. The permission was subject to a legal agreement requiring relocation prior to any development occurring on this site, and a condition required a minimum of 20% of the dwellings to be affordable units, ie. 11 units.

An application for the demolition of buildings and residential development of 39 houses and 12 flats was refused in May 2004 on grounds of inadequate detail and inappropriate layout and form.

A subsequent application for the demolition of the industrial buildings; construction of single storey retail store with associated storage and staff facilities was subsequently submitted relating to that land, the southern half of the main site abutting the former railway line. This application is not yet been determined and accompanies the current proposal for determination.

In November 2004 an application for the variation of the standard condition on the outline permission was granted under reference TCP/16570. This variation enabled the submission of application for the reserved matters to be made before the expiration of five years instead of three years originally allowed under the outline consent. The last date for submission is October 2006.

DEVELOPMENT PLAN/POLICY

National Policy

PPG3 - Housing; seeks to provide affordable housing, make more efficient use of land and to reduce dependence on the private motor car.

Isle of Wight Unitary Development Plan.

Site is shown as an employment site, the notation relating to the undeveloped area of the site with the developed are (the former Teknacron undertaking) un-notated. Land is shown to be within the designated development envelope and under no other designation. The site is neither a Conservation Area nor an Area of Outstanding Natural Beauty.

Policy E5 (The Site’s Annotation) supports planning proposals for employment development on allocated sites.

Policy H1 – Major New Residential Developments to be located within the main Island towns.

Policy H2 – Large Residential Developments contain a variety of houses sizes and types.

Policy H4 – Unallocated Residential Development to be Restricted to Defined Settlements.

Policy H6 – High Density Residential Development.

Policy H14 – Locally Affordable Housing as an Element of Housing Schemes.

Policy TR7 – Highway Considerations for New Development

SPG relative to Affordable Housing requires development sites with a proposal of 15 or more properties should include affordable housing at a proportion of 30%

CONSULTEE RESPONSES

Environment Agency has no objection. Subject to assessment of contamination and steps to be taken to deal with any contamination found. In addition, details of foundation methods needs to be assessed and designed to prevent contamination of the underlying aquifer and storm water drainage needs to be designed to prevent flooding.

Environmental Health Officer recommends conditions if approved to seek remediation of contaminants found at the site.

Environmental Health Officer also raises concern regarding the relationship of a residential use adjoining the proposed commercial use (retail development proposed on the adjoining site) and that there is potential conflict. In summary, does not object to the residential use so long as there are strict controls on operating hours in the retail unit adjoining.

TOWN COUNCIL COMMENTS

Shanklin Town Council request careful consideration of the access arrangements to the main road.

THIRD PARTY REPRESENTATIONS

None received at the time of writing this report.

EVALUATION

The principle of residential redevelopment of the site is set and differs only in as much as the southern part of the site is the subject of a separate application for retail use. As this is a reserved matters application the requirement of a minimum of 20% of the dwellings for affordable housing remains.

The determining factors are therefore matters of access, design, density and affect on adjoining properties.

A joint access to serve the proposed adjacent retail use and this residential development is proposed and has been the subject of negotiations with the Highway Engineers culminating in modifications which are felt appropriate.

In terms of density, it is consistent with national guidance requiring densities of between 30 and 50 dwellings per hectare. The upper figure in this instance is achieved by incorporating flats into the development but despite the density of 50 dwellings per hectare, space around the buildings is still achieved as three storeys of flats are proposed. In addition the less dense section of the site to the north has been arranged to avoid the loss of trees and although density is still reasonably high, space between the buildings is still achieved.

In design terms the scheme involves several house types, giving a variety of accommodation and the careful choice of materials and detailing is essential if an acceptable development is to result.

Some details of landscaping have been submitted but merely giving an indication of areas for planting. Detailing of this development will be of paramount importance and a comprehensive schedule of details of planting, surface treatments of boundary details and screening will need to be submitted to ensure a consistent and acceptable result.

CONCLUSION & JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to the material considerations as described in the evaluation section above, the fact that outline planning permission exists for residential development on the whole of the site, the approval of reserved matters falls to be determined on matters of detail rather than principle. Accordingly it is considered that the proposals are consistent with national guidance and policies contained within the Isle of Wight Unitary Development Plan recommended for approval.

RECOMMENDATION – Approval

Conditions/Reasons:

1	The development hereby permitted shall be begun either before the expiration of 5 years from the date of the outline permission, or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved, whichever is the later. Reason: To comply with Section 92 of the Town and Country Planning Act 1990.
2	No development shall take place until details of the materials and finishes, including mortar colour to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (eg. furniture, play equipment, refuse or other storage units, signs, lighting, etc); proposed and existing functional services above and below ground (eg. drainage power, communications cables, pipelines, etc, indicating lines, manholes, supports, etc); Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
4	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the buildings hereby permitted are occupied. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
5	Notwithstanding Condition 4 above boundary fencing/screening/planting shall be carried out for the full length of the south eastern boundary of the site in accordance with a scheme to be submitted to and approved by the Local Planning Authority prior to the commencement of works on site. The approved scheme shall include a substantial boundary fence and tree and shrub planting and shall be implemented fully in the first planting season following completion of the development where it abuts the south eastern boundary. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
6	No trees on the site shall be felled, lopped, topped or uprooted or otherwise destroyed without the prior written consent of the Local Planning Authority. The landscaping scheme as required by condition 3 above shall include details of all trees on site, including any which are proposed to be removed or substantially pruned. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
7	No development shall take place until the developer has carried out adequate investigation to assess the degree of contamination of the site and to determine its water pollution potential. The methods and extent of the investigation shall be agreed with the Local Planning Authority before any work commences. Details of appropriate measures to prevent pollution, ground water and surface water, including provisions for monitoring shall then be submitted to and approved in writing by the Local Planning Authority. Reason: To prevent pollution of the water environment as the site may be contaminated due to the previous use.
8	No soakaway shall be constructed in contaminated ground. Reason: To prevent pollution of ground water.
9	The method of piling/foundations for the development shall be carried out in accordance with the scheme to be approved in writing by the Local Planning Authority prior to any development commencing on site. Reason: The site is contaminated/potentially contaminated and piling could lead to the contamination of the underlying aquifer.
10	No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water run off limitation has been submitted to and approved in writing by the Local Planning Authority. This scheme shall be implemented in accordance with the approved programme and details. Reason: To prevent the increase risk of flooding down stream from this development.
11	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 set out in Contaminated Land Research Report Nos. 2 and 3 and BS1015:2001; 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) 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. The construction of buildings shall not commence until the investigative 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 the 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 to prevent harm to human health by ensuring that where necessary, the land is remediated to an appropriate standard in order to comply with Part 2A of the Environmental Protection Act 1990.
12	Details of roads, etc, design and constr - J01
13	Timing of occupation - J11
14	Pedestrian/cyclist access - J31
15	No dwelling hereby permitted shall be occupied until space has been laid out within the site and drained and surfaced in accordance with details that have been submitted to and approved by the Local Planning Authority in writing for cars/bicycles to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
16	Highway safety - L18

6.

TCP/16796/W P/00327/05 Parish/Name: Ryde Registration Date: 17/02/2005 - Reserved Matters Officer: Mr. J. Fletcher Tel: (01983) 823598 Demolition of building; residential development of 32 houses, 64 flats and 4 maisonettes with associated garages, parking areas, landscaped open space and access roads off Marlborough Road and off site works to Marlborough Road (aorm) (application to be determined by the Council's Development Control Committee) part of Trucast Ltd site, Marlborough Road, Ryde, PO33

The application is recommended for - Conditional Approval (revised plans)

REASON FOR COMMITTEE CONSIDERATION

This is a major application in excess of 20 units.

DETAILS OF APPLICATION

This is a reserved matter application following the issue of the above mentioned outline consent and therefore the principle of residential development is established indicates a total of 100 dwellings in a mixture of 2 and 3 storeys in height. In detail proposal consists of the following:

Open market housing

1 bed units – 18 (flats)

2 bed units – 48 (37 flats, 11 houses)

3 bed units – 14 (houses)

Sub total 80 units

Affordable Housing

1 bed unit – 6 (flats)

2 bed units – 12 10 flats, 2 houses)

3 bed units – 2 (houses)

Sub total 20 number units

Total number 100 units

Dwellings are in a mixture of 2 storeys, 2.5 storeys or 3 storeys in height. The affordable housing units are located in the north eastern area of the site and includes a flat block of 3 storeys in height located abutting the undefined eastern boundary.

Parking Provision

Total number of parking spaces 140 - 1.5 spaces per dwelling for market housing, 1 space per dwelling for affordable housing.

Access Road

Access road established by outline consent and consists of a widened carriage-way, a 1.8 metre footway along northern side only and a 9 metre radius onto Marlborough Road. Visibility splay of 2.4 x 90 metres in either direction have been provided along the Marlborough Road junction.

The internal layout serving the development has been traffic calmed designed in accordance with the advice contained within Design Bulletin No. 32 with there being a pinch point close to entrance of the proposed access road, 2 right hand bends. A rumble strip where the road changes from black top to block paving. The layout terminates in a cul-de-sac hammerhead in the north eastern area of the site.

Public open space area has been indicated in the south eastern and eastern area of the site where it abuts the industrial premises and the layout has been designed to ensure easy access from the development to that public open space. A landscape buffer has also been indicated in the northern end of the eastern boundary.

Layout indicates perimeter boundary fencing in the form of 1.8 metre high close boarded fence along the boundary between the site and properties which front Marlborough Road. A 2.2 acoustic fence along the boundary to the adjoining ACF HQ and along the boundary (eastern end) where the site abuts the retained industrial units. Parking areas to be finished in black top with maneuvering areas to be finished in block paving.

Application also accompanied by a fully specified landscaping scheme indicating all proposed tree, shrub and hedge planting with that scheme including retention of the young boundary trees abutting the western boundary along with reinforcement of that planting in the form of further trees.

Application also accompanied by an Archaeological Desk Based Assessment, and Noise Impact Assessment, an Ecological Evaluation Report and a Desk Study and Geo-environmental Interpretive Report. All reports have been prepared by appropriate professional consultants and conclude that the development is appropriate.

Materials to be used in respect of the dwellings are either red multi or light buff multi stock brick with, in some cases, Ivory colour rendering all under Grey, Dark Grey or Dark Red tiled roofs.

Surface water drainage is to be dealt with by way of soakaways within permeable sub strata. Foul drainage has been designed following a report from Southern Water in respect of capacity of off-site drainage. This has resulted in a 48 metre length of sewer being required to be upgrade from 150 mm to 375 mm which will obviously be funded by the developers.

LOCATION AND SITE CHARACTERISTIC

Application relates to 1.36 hectares of land forming part of the curtilage of Trucast located west of the existing industrial premises and east of the rear garden boundaries to properties 25 to 39 inclusive Marlborough Road (8 properties). Abutting the northern boundary in part is the cartilage of number 23 Marlborough Road, the side garden of the property Appley Farm and garden areas of maisonette properties 45, 47, 49 and 51 Grasmere Avenue. The eastern boundary is undefined. In the south western corner of the site it abuts the ACF Headquarters. Access to the site is via the existing access south of properties 43 and 45 Marlborough Close and the ACF Headquarters and to north of properties 49 Marlborough Close and properties to 14 Hope Road (14 number units).

Site is generally level and there is a landscape bund which runs in a north south direction along the rear of the properties which front Marlborough Road. Site also contained an existing single storey L shaped former office building which fronts the existing access road.

Existing landscape features are limited to a belt of existing young trees which abut the rear boundaries of the properties which front Marlborough Road.

RELEVANT HISTORY

Outline consent granted in November 2004 for residential development including alterations to vehicular access. This consent was subject to a legal agreement which covered the following:

· Provision of minimum 20% affordable housing to be provided in accordance with a timetable programme relating to tenure phasing and location. Such affordable housing to be managed by a registered social landlord (Housing Association).

· The provision of laying out an area of public open space of not less than 0.175 hectares within the site and adjoining the eastern boundary in accordance with a specification to be agreed with the Council.

· Such open space is either to be adopted by the Council subject the payment of a commuted sum or the transference of the public open space to a management company again subject to a commuted payment to be used for the sole purpose of the future maintenance of the open space.

· To use reasonable endeavour to ensure that the existing business is continued for a minimum period of five years.

· To make an education payment based on £900 per unit.

The outline consent not only established principle but also considered access as a detail matter. The consent was also subject of a number of conditions relating to drainage, highway, parking areas, protection of trees and contamination issues.

DEVELOPMENT PLAN/POLICY

National policies covered in PPG3-Housing as follows:

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

· Give priority to reusing previously developed urban land within urban areas, taking pressures off green field sites.

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

· Make more efficient use of land by adopting appropriate densities with 30-50 units per hectare quoted as being the appropriate levels of density with even greater intensity of development being appropriate with good public transport, assessability such as town centre sites.

· Emphasises the need for good quality designs

· 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 parking spaces per dwelling are likely to reflect Government’s emphasis on sustainable residential development.

Document also requires provision of an element of affordable housing where appropriate thresholds have been exceeded.

Local Plan Policies: Site is within Zone 3 of the Council’s parking policy thus requiring parking provision that shall not exceed 0-75% of parking guidelines.

Relevant Local Plan Policies are as follows:

G1 – Development Envelopes for Towns and Villages

G4 – General Locational Criteria for Development

D1 – Standards of Design

D2 – Standards for Development Within the Site

D3 – Landscaping

H4 – Unallocated Residential Development to Restricted to Defined Settlements

TR16 – Parking Policies and Guidelines

TR7 – Highway Considerations for New Development

TR6 – Cycling and Walking

U11 – Infrastructure and Services Provision

U2 – Ensuring Adequate Education, Social and Community Facilities

CONSULTEE RESPONSES

Highway Engineer recommends condition relating to submission of details of road construction including drainage, timing of occupation, visibility and site lines provision of loading and unloading and parking.

Environment Agency recommends appropriate condition in respect of addressing potential contamination, need to avoid soakaways within any contaminated ground, need to agree method of piling foundations, need to ensure oil separator prior to discharge into any water course surface water sewer or soakaway and need to submit a surface water regulation system.

THIRD PARTY REPRESENTATION

Application subject of 11 letters of objection, 4 being from residents of Marlborough Road, 3 from properties which abut the northern boundary and 1 each from residents of Grasmere Avenue, Hope Road, Windmill Close and a Shanklin resident. Points raised are summarized as follows:

· Density of development considered excessive considered greater than that indicated on the outline consent and is inappropriate for this sensitive site.

· Amount of traffic generated by the proposal likely to be excessive, likely to cause hazards to highway users with particular reference to Marlborough Road.

· Access alterations with particular reference to footpath proposals could cause hazards to older residents but in particular to children.

· Concern that the ground condition are such as not to be suitable for soakaways and therefore the drainage would need to be carefully considered to ensure that no flooding takes place affecting adjoining land as a result of the development.

· Land at the moment provides good quality wildlife habitat which will be destroyed as a result of the proposal.

· Proposal will result in the loss of trees and although replacement planting is indicated this will not be sufficient to compensate for that loss.

· Concern that whilst upsizing of pipes are noted that proposal should look to replacing existing pipes many of which are old and could be in decline.

· Concern that the facilities and services to service this site are not available with particular reference to jobs, school, places, leisure facilities and shops etc. Also concern expressed regarding pressures that this development will place on the health service.

· Some concerns expressed regarding noise intrusion which could occur in respect of the retained industrial use relative to the new residential development.

· One objector concerned that the loss of employment land and considers that the company could be expanding to create employment rather than selling the land for residential.

· Individual concerns expressed from Marlborough Road residents that the potential loss of the tree screen behind those properties (this has been addressed by the submission of a landscaping scheme which indicates the retention of these trees and reinforced planting)

· Specific concern regarding the height and potential overlooking of adjoining properties from Plots 29 – 38 thus resulting in loss of privacy.

· Also specific concern relating to the position of Plots 42 – 46 which would be better placed further away from adjoining boundaries.

· Concern that the development generally will have an adverse impact on the setting of some architecturally sensitive buildings situated in close proximity to the north of the site. One or two of these sensitive buildings are Grade II Listed.

EVALUATION

It is important that Members appreciate that this is a reserved matter application following outline consent with the reserved matters for consideration being siting, design, external appearance and landscaping. In essence the application will be assessed on these four issues and where appropriate covering other issues where they are specifically referred to in any conditions attached to the outline consent.

Siting

Firstly for Members information the density on this site is calculated at 73 units per hectare which compares with the 52 units per hectare that resulted from the indicative layout of 71 units which accompanied the original outline application. It is important that Members note that the outline consent was for residential development not stipulating any specific number of units. There was no condition applied either to the consent or within the legal agreement, again stipulating exact density on the site. Therefore Members need to consider the application on the basis of the siting of 100 units and whether or not it represents a suitable arrangement and mix of development.

The layout itself is fairly traditional in form, being mainly in the form a mix of houses and flats most of which have been located either close to the back edge of footpath or close to the back edge of frontage parking.

In terms of the higher density it is important that Members appreciate that the introduction of flatted development will always result in a superficially higher density although in footprint and overall mass terms, the development can very often be either the same as or less than a lower density development consisting of more detached, semi-detached housing and terraced housing. The main test in respect of any development is whether or not it functions satisfactorily in terms of arrangement, space about, provision of parking, provision of amenity land and is serviced by an appropriate road layout. Such density of development is not at the expense of cramped development and is not at the expense of impacting unreasonably on the existing environment currently enjoyed by local adjoining residents. Also the aim is to ensure quality development which makes best use of the site and creates a sense of community and place along with being a safe place to live.

The other determining factor in terms of density particularly where it exceeds the general 30-50 units per hectare is its location relative to good public transport accessibility, which in this case is particularly significant given that the site is in very close proximity to Marlborough Road which is the main route between Ryde and Sandown. The whole issue of density is about making best use of land and this is why all elements of development including not only housing layout and arrangement of roads but also landscaping boundary treatments provision of open space are equally as important and reflect the holistic approach to development. Therefore whilst I acknowledge the concerns of local residents in respect of the level of density I do not consider in this case that it is excessive given the site’s particular location close to a main public transport corridor in Isle of Wight terms and that the layout itself represents a reasonable mix providing a range of dwellings aimed at a greater selection of income groups.

The layout has been adjusted to accommodate the concerns in part of local residents with particular regard to the retention of existing trees along the western boundary along with reinforced planting with the units themselves being re-positioned to accommodate these trees. Also following discussions, the applicant is willing to place these trees in a communal area in order to separate the trees from the main garden areas. In this location they will also be placed under the auspices of a management company. This was considered necessary to as far as possible ensure their retention in the long run.

In terms of other impact on neighbouring properties the comments of concern regarding overlooking in a northerly direction this concern is noted. There are a number of existing trees in the adjoining land which provide some screening and the windows which face in that direction relate to bedrooms, bathrooms and kitchens only. However, having noted these concerns, the applicants have agreed to obscure glazing within the kitchen and bathroom windows, but I also consider the lower half of the bedroom windows could be obscure glazed.

In terms of the relationship to the public open space area which is set at the 0.175 hectares required under the legal agreement this is performing a double function in as much that it provides a buffer between the retained industrial use to the east but also the units close by have been purposely designed to overlook this space. Also, the general routing of the footpaths have been designed to relate to the public open space.

Some concern has been expressed regarding the potential security impact that rear footpaths to some of the properties may have to adjoining properties in Marlborough Road. Applicants having noted this have relocated the various plots to ensure there is shared access and therefore no need for footpaths along the rear boundary. Also, some concern has been expressed regarding the ease of access to rear gardens caused by the location of parking areas. Again, the applicants having noted this have provided a vehicular gated entrance to the parking areas, thus ensuring that the parking area can only be used by specific key holders. Also the wall forming the rear of the parking court has been pulled away from the boundary to enable tree and possible hedge planting to be carried out to further protect the adjoining garden area.

It is important that Members appreciate that the applicants did hold an open presentation for local residents and other interested parties and as far as possible the applicants have addressed many of the concerns although obviously not all the concerns can be addressed indicated by the level of opposition to the application.

With regard to the provision of affordable housing the 20 units being provided obviously accord with the requirement in the legal agreement and I understand that a housing association is already on board in respect of this provision.(Letter of support received from Medina Housing Association).

Other siting issues relate to provision of bin and cycle stores which have been strategically located to relate to pockets of development. An issue which will need to be considered but can be dealt with through condition is that of lighting of the car parking areas which again will need to be sensitively dealt with to avoid undue light spillage whilst still providing lighting which will ensure these are safe places to use.

Finally, with regard to the road layout itself as indicated it has been designed using the principles of Design Bulletin 32 with its alignment of road influencing speed of traffic. Traffic calming has to a great extent been achieved by alignment using right hand turn bends and tight radius which should be sufficient to achieve that aim.

Design and External Appearance

The units themselves have been design to reflect their positions on site with particular reference to angled corner unit both at the junction of the new estate road and within the site. Whilst recognizing the concerns of heights of blocks given that the site is adjacent to industrial buildings, I do not consider the introduction of three storey units to be out of character or inappropriate. This site to a great extent will stand on its own having little or no impact on the main Marlborough Road. A general mix of massing is again considered acceptable illustrated by the street-scenes. The house types themselves are to be constructed in traditional materials and this coupled with use of block paved finishing should create a development which will provide character.

Landscaping

Application has been accompanied by a full landscaping scheme which clearly indicates the importance the applicants place on this aspect of the development. It is a fully comprehensive scheme identifying structure trees, decorative trees, shrubs, decorative mixed shrubs, specimen shrubs, hedging and even climber and wall shrubs. I consider that provided this is implemented in its entirety it will make a major contribution to the visual appearance of this site and obviously if Members are mindful to approve the application would be subject of a condition requiring phasing of its implementation.

Similarly, with regard to boundary treatments again these have been carefully considered with particularly reference to acoustic fencing and again reflecting the condition requirement on the outline consent.

Other Issues

Whilst the concerns being expressed by local residents in respect of generation of traffic, this essentially is an access issue which has been fully covered in the outline consent. The Highway Engineer in recommending approval at that time took into account traffic generation and the ability that access to service both the residential and the retained industrial use. It is understood that a comparison has been made between the proposed housing scheme of 100 units (150 maximum parking spaces) against the use that could occur in respect of the permitted industrial use of the site. With that comparison almost concluding that an equally traffic generation would occur. In terms of the alterations to the access, the Highways Department has agreed to the carriage way width being reduced to 5.5 metres at certain points along the road. This is justified on the basis that under Design Bulletin 32 and its companion guide Places, Streets and Movements a carriageway width of 5.5 m is sufficient to serve between 50 and 300 houses. Highway Engineer does suggest however that as the proposal involves mixed traffic use, it may be expedient to specify 6.1 metre carriageway with the access road junction with Marlborough Road to allow for articulated vehicles to turn easily into the site.

Highway Engineer also confirms that enough space exists to allow installation of services to serve the proposal either within the 1.8 footway or the proposed 1 metre service strip.

With regard to adoption of this road and in particular to drainage issues generally neither the existing improved access road or the road serving the development itself are to be offered for adoption. This is because there is no surface water sewer system with sufficient capacity to accept the level of discharge and therefore both the road and the houses are to be drained by way of soakaways. Such a system of drainage would not satisfy adoption requirements and therefore the roads and drainage will be maintained through a maintenance company which I understand is the situation which is occurring more and more particularly in Hampshire. All future residents will be made aware that no adoption agreement can be entered into in the future.

As the non-adoption of Highways due to the surface water drainage solution was an unknown issue at the time of the outline consent and more particularly at the time the Section 106 Agreement was being drawn up, it is considered that it is not unreasonable for an additional 106 Agreement to be required covering both the monitoring of the construction works either through a relevant competent person or company or the Council's own Highway Department, the payment of a bond to cover the unlikely event of the development company falling into financial difficulties, the future setting up of a management company along with details of the funding of such company its registration and confirmation that future residents are signed up to that procedure.

Foul drainage to discharge into existing system in Marlborough Road. However, following a report from Southern Water, there is a need to up size a length of offsite existing sewer which can be dealt with through condition.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report it is considered that the reserved matters have been satisfactorily addressed resulting in an appropriate layout, arrangement of dwellings, variety of dwelling types, provision of affordable housing, provision of open space and provision of traffic calmed road layout. I also consider that the applicants have amended the scheme as far as they are able to address in part the concerns of local residents although obviously not all those concerns can be fully addressed. Given the above assessment I recommend accordingly.

RECOMMENDATION – APPROVAL (REVISED PLANS)

Conditions/Reasons:

1	The development hereby permitted shall be begun either before the expiration of 5 years from the date of the outline permission, or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved, whichever is the later. Reason:To comply with Section 92 of the Town and Country Planning Act 1990.
2	None of the reserved matters permitted by this planning permission shall be initiated by the undertaking of material operations as defined in Section 56(4) A to D of the Town and Country Planning Act 1990 in relation to the development until a planning obligation pursuant to Section 106 of the said Act relating to the land has been made and lodged with the Local Planning Authority and the Local Planning Authority has notified the persons submitting the same that it is to the Local Planning Authority's approval. The said planning obligation will provide for: a) The phased monitoring of all the agreed highway works by a relevant competent person or persons. b) The funding of such monitoring works including the payment of a bond. c) The payment of an agreed contribution to the setting up of a management company to ensure the future management of the highway works for a minimum of 20 years. d) Evidence that the management proposals provide for long term objectives, management responsibilities and maintenance schedules and that future residents are signed up to the procedure. Reason: In the interest of ensuring the future maintenance of the roads/footpaths and lighting in compliance with Policy TR7 (Highway Considerations) of the IOW Unitary Development Plan.
3	The materials to be used in the construction of the external surfaces of the dwellings hereby approved shall be as specified on the applicants drawing number 18-1348-006 Revision A. All development shall be carried out in accordance with those agreed details. 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 individual dwelling shall be occupied until the boundary treatments as specified on applicants drawing number 18-1348-001 Revision G have been implemented and any such boundary treatment shall be retained and maintained thereafter. 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.
5	None of the dwellings which abut the western boundary (rear boundaries to properties which front Marlborough Road) southern boundary (abutting ACF Headquarters) and eastern boundary including the open space area (abutting retained Trucast industrial buildings) shall be occupied until either the 1.8 metre high close boarded fence or the acoustic fence have been erected as specified on applicants drawing number 18-1348-001 Revision G. All such boundary treatments shall be retained and maintained thereafter. Reason: In the interests of the amenities of both the adjoining properties and future residents in compliance with Policy D1 (Standards of Design) of the IOW Unitary Development Plan.
6	None of the dwellings served by communal parking areas shall be occupied until lighting has been installed in the car parking areas serving those units in accordance with details to be submitted to and agreed in writing by the Local Planning Authority. Such lighting scheme shall be carried out in accordance with the approved details and shall be subject to an appropriate management plan. Any such lighting scheme shall include full lighting under the bridging units where appropriate over the entrances to the car parking areas. Any such lighting shall be retained and maintained thereafter. Reason: In the interests of future occupiers and adjoining property owners in compliance with Policy D1 (Standards of Design) and Policy D14 (Light Spillage) of the IOW Unitary Development Plan.
7	The roads and car parking areas shall be surfaced in accordance with the specification indicated on applicants drawing number 18-1348-006 Revision A and such surface treatment shall be carried out as approved prior to the occupation of those dwellings which are serviced by those areas. Reason: To ensure the appearance of the development is satisfactory and to comply with Policy D1 (Standards of Design) and D3 (Landscaping) of the IOW Unitary Development Plan.
8	Tree protection work shall be carried out prior to any other words commencing in respect of the group of trees which abut the western boundary and such protection works shall be in accordance with a scheme to be agreed with the Local Planning Authority. Such protection works shall be maintained during the course of the construction works during which period the following restrictions shall apply: a) no placement or storage of materials b) no placement or storage of chemicals c) no placement or storage of excavated soil d) no lighting of bonfires e) no physical damage to bark or branches f) no changes to natural ground drainage in the area g) no changes in ground levels h) no digging of trenches for surfaces, drains or sewers i) any trenches required in close proximity shall be hand dug ensuring all major roots are left undamaged. Reason: To ensure the trees and groups of trees to be retained are adequately protected from damage to health and stability throughout the construction period in the interests of the amenities of the area and to comply with Policy D3 (Landscaping) of the IOW Unitary Development Plan.
9	The landscaping scheme indicated on ACD Landscape Architect's drawing number BSH-15474-03 shall be carried out in accordance with the phasing scheme to be submitted to and agreed with the Local Planning Authority providing programming and approximate timing of the landscape work in any particular area having regard to the timing of the commencement in that area of any part of the development hereby approved. Non of the dwelling served by the communal parking area shall be occupied until the landscaping proposals relating to those car parking areas have been fully implemented. Reason: To ensure that the development is carried out in a properly phased manner with the minimum of detriment to the character and amenity of the area in compliance with Policies D1 (Standards of Design) and D3 (Landscaping) of the IOW Unitary Development Plan.
10	Prior to occupation of the final dwelling on the site the public open space area in the southeastern area of the site shall be landscaped grassed in accordance with the details indicated on the ACD Landscape Architect's drawing number BSH-15474-03. Reason: In the interest of the future amenities of the area in compliance with Policy D1 (Standards of Design), D3 (Landscaping) and L10 (Open Space in Housing Developments) of the IOW Unitary Development Plan.
11	A landscape management plan including long term design objectives, management responsibilities and maintenance schedules for all landscape areas other than privately owned domestic gardens shall be submitted to and approved by the Local Planning Authority prior to occupation of the development or any phase of the development which ever is the sooner. Landscape management plan shall be carried out as approved and shall include management of the tree belt which forms the western boundary abutting the rear gardens of properties which front Marlborough Road and the buffer screen planting along the eastern boundary abutting plots 46 to 58 incl. and abutting the open space area. The management plan shall be carried out as approved and shall also include management of the agreed lighting to the parking areas referred to in condition 5. Reason: To ensure long term maintenance of hard and soft landscaped areas and to comply with Policy D1 (Standards of Design) and Policy D3 (Landscaping) of the IOW Unitary Development Plan.
12	None of the existing and proposed tree planting along the western boundary shall be included within the ownership of plots 12 to 26 incl. but shall be retained in a common buffer screen area separated from the adjoining rear gardens by a low level chain link fence. Reason: In the interests of retaining the existing trees in the long term in compliance with Policy D3 (Landscaping) of the IOW Unitary Development Plan.
13	Prior to occupation of the flat block plots 29 to 34 incl. the first and second floor kitchen/bathroom windows shall be glazed in obscure glazing and the lower half of the south facing bedroom windows shall be glazed in obscure glazing with such obscure glazing being retained and maintained thereafter. Reason: In the interest of amenities of the adjoining properties in compliance with Policy D1 (Standards of Design) of the IOW Unitary Development Plan.
14	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 therefrom and lighting 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.
15	Timing of occupation - J11
16	Visibility and sight lines - J20
17	The dwelling hereby permitted shall not be occupied until space has been laid out within the site and drained and surfaced for 100 cars, 64 bicycles]to be parked and vehicles to be loaded and unloaded and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
18	All highway and domestic surface water drainage shall discharge to soakaways and all foul drainage shall discharge into a foul drainage system all as indicated on Escher Silverman Engineering Strategy Drawing Numbers ESO 450/100 Revision A and ESO450/252. None of the dwellings hereby approved shall be occupied until the off site upsizing sewer works referred to in the Southern Water Report dated February 2005 has been completed and is functioning satisfactorily to accept the discharge from the site. Reason: In the interest of ensuring satisfactory drainage discharge in compliance with Policy U11 (Infrastructure and Services Provision) of the IOW Unitary Development Plan.
19	Steps including the installation of and use of wheel cleaning facilities in accordance with details to be submitted to and approved in writing by the Local Planning Authority shall be taken to prevent material being deposited on the highway as a result of any operations on the site. Any deposit of material from the site on the highway shall be removed as soon as practicable by the site operator. Reason: In the interest of highway safety and to prevent mud and dust from getting onto the highway and to comply with Policy TR7 (Highway Considerations) and M2 (Defined Mineral Workings) of the IOW Unitary Development Plan.
20	All traffic related to the development hereby approved shall be directed to leave the site by means of a prominent signage, the details of which shall be submitted to and approved in writing by the Local Planning Authority erected at the junction between the site access road and the highway before the access is first used. The signage shall be retained in a clean and legible condition for the duration of the development and any sign that is damaged beyond repair or removed shall immediately be replaced. Reason: In the interest of highway safety and to comply with Policy TR7 (Highway Considerations) of the IOW Unitary Development Plan.
21	Space shall be provided within the site for the loading and unloading and parking of construction workers vehicles and such provision shall be retained while the development is in progress. Reason: In the interest of highway safety in compliance with Policy TR7 (Highway Considerations) of the IOW Unitary Development Plan)
22	No soakaway shall be constructed in contaminated ground Reason: To prevent pollution of the ground water in compliance with Policy P2 (Minimise Contamination from Development) of the IOW Unitary Development Plan
23	Prior to being discharged into any soakaway system all surface water drainage from roads, parking areas, hardstandings shall be passed through an oil separator designed and constructed to have a capacity and details compatible with the site being drained unless permeable surfacing is used for such areas. Roof water shall not pass through the separator. Reason: To prevent pollution of water environment in compliance with Policy P2 (Minimise Contamination from Development) of the IOW Unitary Development Plan.
24	The method of piling foundations for the development shall be carried out in accordance with the scheme to be approved in writing by the Planning Authority prior to any development commencing. Reason: The site is potentially contaminated and piling could lead to the contamination of underlying aquifer in compliance with Policy P2 (Minimise Contamination from Development) of the IOW Unitary Development Plan.

7.

TCP/22370/C P/02070/04 Parish/Name: Ryde Registration Date: 25/10/2004 - Reserved Matters Officer: Mr. J. Fletcher Tel: (01983) 823598 Demolition of factory buildings; residential development of 58 houses & 3 storey block of 8 flats with parking/garages & associated access roads, (aorm) (Application to be determined by Development Control Committee) (revised plans) east of Winston Close/north of Grange Avenue existing industrial site south of, Sherbourne Avenue, Ryde, PO33

The application is recommended for - Conditional Approval (revised plans)

REASON FOR COMMITTEE CONSIDERATION

This reserved matter application was first considered by the Development Control Committee on 12 April 2005 at which time it was deferred for a site inspection. Following that inspection on 22 April it was further deferred to enable the applicants to address a number of concerns. The application being for a total of 66 units requires determination by the Committee.

DETAILS OF APPLICATION

This is a reserved matters application following the issue of the above-mentioned outline consent and indicates a total of 66 dwellings in a mixture of two to three storeys in height all accessed off Sherbourne Avenue. The proposal consists of the following:

53 no. open market housing (11 two bed, 35 three bed and 7 four bed) and 13 affordable housing units (2 one bed, 8 two bed, 2 three bed and 1 four bed unit). Two of the 11 affordable housing units to be in the form of urban shared ownership.

Total 66 units

Parking provision 97 allocated spaces including 28 garages plus 14 visitor spaces .

Total 111 spaces.

Dwellings in the main two storey in height with the exceptions being occasional focal buildings within street scenes which are either 2.5 or 3 storeys in height.

Affordable housing units located in south western area of the site and includes a block of 3/2 storey flats with the 2 storey element forming the western wing where it is in close proximity to the properties which adjoin the site in Winston Close.

The road layout within the site has a number of traffic calming features in the form of pinch points and tight radius kerbs with part of the road layout being in black top and the remainder being in shared surface block paved form. Parking is provided by way of small scale parking courts accessed under bridging units. All garages have individual parking spaces to their fronts providing these properties with effectively two parking spaces. The whole of the estate layout is to be served off Sherbourne Avenue in the north western corner of the site.

Proposal provides for retention of all existing boundary trees and indicates additional boundary tree planting. Boundary treatments have been carefully considered particularly along the southern boundary with the parking areas being set away from those boundaries to allow for planting of boundary trees and shrubs. Within the residential element of the proposal is a hard paved open space area with two feature trees centrally located on the site linking the shared surface cul-de-sac with the main black top estate road.

Area around the community learning centre building in the north western corner has been indicated for use as public open space with the existing treed area which abuts the western boundary being retained along with additional tree planting within the proposed public open space. Area of the land to the west of the proposed affordable flats to be fenced off through to the western boundary including the banking.

In terms of Sherbourne Avenue in accordance with outline consent condition traffic calming features have been indicated at the junction of Sherbourne Avenue with Maybrick Road and following negotiations the speed reducing pinch point at the northern end of Sherbourne Avenue.

This pinch point will not be raised but will reduce width to 3.5 metres.

Drainage

Details indicate a new foul sewer connection to the existing foul sewer in the adjoining playing fields which passes through Mayfield Middle School land and then connects to an existing foul sewer to the south off St. Vincents Road. A scheme also involves upsizing of the existing combined sewer between the junction of Ringwood Road/Binstead Road and opposite Stone Pitts Binstead Road. This upsizing involves a 78 metre length of existing sewer to be upsized from 225 mm to 800 mm diameter and a 79 metre length of 225 mm sewer to be upsized to 1000 mm. This upsizing is required to attenuate flow with Southern Water carrying out the works but they will be paid for by the applicants. (Estimated cost approximately £154,000.)

Surface water drainage is to be via a new sewer to cross the open space area and following attenuation and will then run along Winston Close and Winston Avenue connecting to an existing surface water sewer at the junction of Winston Avenue and Wellington Road. The main surface water sewers within the site are in the form of oversized pipes required to attenuate flows. The sewers will be 900 mm diameter where they run under the proposed roads to be increased to 1500 mm where crosses the open space. Prior to its discharge into the new sewer in Winston Close/Winston Avenue surface water will be attenuated by way of a hydro brake located within a manhole. Also is to be adopted by Southern Water including the surface water sewer that crosses the open space area.

It is understood that a drainage easement will be incorporated within any conveyance of the open space area to the local community group. A longitudinal section of this sewer indicates that where it passes under Winston Close and Winston Avenue the sewer will be falling against the gradient of the road and will therefore be of some substantial depth.

Following the deferral on 22 April further information has been received in the form of a copy of a letter from Southern Water indicating that they have completed a full technical assessment of the sewer proposal and confirmed their willingness to enter into an adoption agreement with the developers.

LOCATION AND SITE CHARACTERISTICS

Former industrial site at southern end of Sherbourne Avenue off which access is obtained. Site is in area characterised mainly by residential development although to the south west and north is Mayfield C of E Middle School.

Site subject of recent demolition and site clearance. The existing landscape features restricted the boundary trees within the site abutting eastern and in part southern boundary.

Adjacent development in the form of the following;

Abutting northern boundary properties 36 to 37 Sherbourne Avenue with remainder being Mayfield C of E Middle School.

Abutting eastern boundary in part the playing fields of Mayfield C of E Middle School with remainder being curtilage of flats 9 to 19 and 21 to 31 Mountbatten Drive.

Abutting southern boundary are rear garden of properties 2 to 30 Grange Avenue.

Abutting western boundary are properties 4 and 5 Winston Close and rear gardens of properties which front Winston Avenue.

Site virtually level apart from embankment along the western boundary where the site slopes down and within that embankment is an area of trees and scrub.

RELEVANT HISTORY

Outline consent granted in June 2004 subject to a legal agreement for residential development but also included the provision of a community building and open space area between Sherbourne Avenue and Winston Close. Legal agreement covered the following;

Ensuring relocation of former industrial premises to Westridge Business Park to ensure proposal will result in no loss of employment.

The payment of an education contribution of £100,000.

The transference to the local community of the existing single storey industrial building in the north western corner of the site along with the proposed surrounding open space area.

Provision of a small area of land in the north eastern corner abutting the school to be used in conjunction with the adjoining education use.

Provision of affordable housing at an appropriate proportion of the overall development.

Important to note that the legal agreement or attached plan did not specifically indicate the location of the affordable housing.

The outline consent itself was also subject of a number of conditions the most significant of which are as follows:

Submission of detailed foul and surface water sewage system.

Provision of a parking standard on site not to exceed 1.5 spaces per unit.

Submission of details of all boundary treatments.

Access shall be off the existing access to the north western corner of the site (off Sherbourne Avenue) and pedestrian/vehicular access shall be made into the north eastern boundary linking the school with the residential road.

Details shall be submitted providing traffic calming for the whole length of Sherbourne Avenue in compliance with advice contained in Design Bulletin 32.

DEVELOPMENT PLAN/POLICY

National policies are covered in PPG3 – Housing which covers issues such as:

Provide wider housing opportunity and choice.

Give priority to reusing previously developed land within urban areas.

Create more sustainable patterns of development.

Make more efficient use of land by adopting appropriate densities.

Emphasis on need for good quality designs.

New housing developments should pay due regard to immediate buildings in the wider locality.

More than 1.5 parking spaces per dwelling unlikely to reflect Governments emphasis on sustainable residential development. ]

All development should provide element of affordable housing where appropriate thresholds have been exceeded.

Local Plan Policies

Relevant local plan policies are as follows:

G1 – Development Envelopes for Towns and Villages.

G4 – General Locational Criteria for Development.

D1 – Standards of Design.

D2 – Standards for Development Within the Site.

D3 – Landscaping.

D14 - Light Spillage

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

TR16 – Parking Policies and Guidelines.

TR7 – Highway Considerations for New Development.

TR6 – Cycling and Walking.

U11 – Infrastructure and Services Provision.

U2 – Ensuring Adequate Educational and Social Community Facilities.

A number of the trees along the boundary of the site are subject to Tree Preservation Orders with these orders relating in the main to those trees along the southern and eastern boundaries.

Site is within Zone 3 of the Council’s Parking Policy thus requiring parking provision that shall not exceed 0-75 % of parking guidelines.

Other national documents referred to are Residential Roads and Footpaths, Layout Considerations, Design Bulletin 32 Second Edition and Places Streets and Movements: A Companion Guide to Design Bulletin 32.

CONSULTEE RESPONSES

Highway Engineer recommends conditions should application be approved with those conditions relating to:

Bicycle parking, parking provision, timing of occupation, highway safety, lorry routing, offsite highway improvements, construction traffic provision.

Southern Water have been consulted direct and they comment as follows:

Drainage layout should be designed to ensure new sewers are located in highways or open space areas in order for them to be adopted.

Exact position of public sewers determined on site by applicants before layout is finalised.

No surface water should discharge to the foul sewer.

Foul sewer capacity checks have been carried out showing that there is sufficient foul sewer capacity in the existing sewer in St. Vincents Road.

Copy of confirmation letter received from Contaminated Land Officer which expresses satisfaction that the decontamination works so far undertaken are appropriate.

THIRD PARTY REPRESENTATIONS

Application has been the subject of four letters of comment and objections three from residents of Grange Avenue and one from resident of Winston Avenue. Points raised are summarised as follows:

Concern that social housing is concentrated in one area reference is also made to flats being four storeys high.

Writer considered pepper potting would have been better option and that building should not exceed two storeys in height.

Concern that concentration in garages could lead to anti-social behaviour.

Concern regarding location of the substation in proximity to the boundaries of the existing properties.

Concern that the occupation of affordable housing will not be restricted to Island residents.

Lack of recreational facilities.

Position, size and mass and design and appearance is out of character with the neighbouring dwellings.

One writer was impressed with the type of houses to be built but required assurances that any new boundary tree planting is carried.

E-mail received from which expresses concern at the series of operations which have taken place on site prior to reserved matter approval being granted. Writer also concerned that social housing element of the proposal has apparently been located in a different position to that which writer suggested was agreed at the time of the outline approval. .

EVALUATION

Following deferral on 22 April applicants were advised of the continuing concerns of the Committee which in essence covered three issues as follows:

Location, mass and height of the flat block (plots 59 to 66);

The internal road layout; and

Information relating to drainage.

Proposed Flats

Whilst the Local Members expressed some concern regarding the location of the 13 affordable housing units on the site it was clearly established that there was no evidence either within the Section 106 Agreement or within the conditions attached to the outline consent requiring a specific location of the affordable housing units. Essentially this is a proposal for 66 units and the fact that 13 of them are for affordable housing occupation should not have any bearing on Members assessment of the suitability of the layout and arrangement of dwellings.

The detail issue which caused concern to Members of the Development Control Committee related to the position of the 3/2 storey block of 8 flats located to the east of the properties in Winston Close and south of the proposed open space area. For information Members advised that originally this block was all three storey but following negotiation the flat block was reduced to retain the three storey element fronting the new estate road with a two element being set behind relating more readily to the adjoining properties in Winston Close. Members are also advised that the inspection included a visit to the rear garden of the adjacent property number 4 Winston Close to assess the likely impact that this flat block may have in terms of over dominance, overlooking when viewed from that garden.

Following the decision to defer applicants were given a number of options as follows:

Note the concerns of Committee but after due consideration required an application to be determined as submitted.

Revisit the design of the flats with a view to reducing ridge and eaves height both within the three storey and two storey element.

Consider the relocation of the flats and therefore five other affordable housing units.

Revisit the general arrangement of the dwellings in the south eastern corner with a view to relocating the flat block.

Applicants after due consideration have revisited the design of the flats whilst retaining them in their submitted position. The revised design have reduced the ridge height and the eaves height by approximately 0.6 metres. This will not only reduce the vertical height element of the flats and therefore its impact on the street scene in general but also the adjoining garden area to the properties in Winston Close in particular it will also reduce the mass appearance of the building when approaching from Sherbourne Avenue.

I consider that this approach by the applicants is reasonable and indicates that they are conscious of the need to address the concerns within reason and this they have achieved by this further revision.

I can do no more than reiterate my previous views that it would not be sustainable to refuse this application on the grounds of the location of these flats particularly given their reduction in height and mass for indeed there are a number of advantages in placing the flat block in this location as follows:

The south facing elevation of that flat block is at its nearest to the rear boundaries of properties in Grange Avenue some 19 metres (61 feet) with there being a car parking area serving the flat block in between the rear boundary and the south facing elevation.

The west facing elevation of the two storey element which faces towards Winston Close and therefore towards the rear garden area of the nearest property number 4 Winston Close is entirely devoid of any windows and therefore there will be no overlooking from this direction.

The boundary between the adjoining property in Winston Close (number 4) and the flat block is in the form of an embankment with a reasonable level of natural growth in the form of shrubbery and trees all of which are to be retained to provide screening.

Because of the location, five of the flats directly overlook the area of open space and therefore are capable of taking advantage of this valuable visual amenity but also from a crime prevention point of view provide valuable surveillance from that direction.

Drainage

Whist I fully recognise the importance of this issue particularly in respect of the Ryde area I am satisfied that given the copious amount of information that has been provided in respect of the drainage on this site that the applicants have followed due process and various codes of practice in arriving at the solutions now being indicated. Indeed following the last deferral Members will note that I am now in receipt of a copy of a formal letter from Southern Water who have carried out the necessary technical assessment in order that the adoption agreement between Southern Water and the developers can proceed. I can do no more than observe that had either the foul or surface water schemes not been appropriately designed then this process would not be taking place.

Internal Road Layout

Some concern was expressed regarding the general internal road layout with particular reference to the length of route the emergency access to the school situated in the north eastern corner. Some Members consider that a more direct route could be provided by realignment of the road.

In terms of this issue the applicants are strongly of the view that the road layout has been designed in accordance with the standards as required by the Council’s Highways department with it being entirely in accordance with the guidelines contained within Design Bulletin 32 and its companion guide Places, Streets and Movements. Whilst the road layout could be altered to shorten the distance to the north eastern corner the time gained would be extremely small in terms of distance travelled and therefore I do not consider it would be reasonable or sustainable to either insist that the applicants revise the scheme or refuse the scheme on this issue.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report it is considered that the reserved matters have been satisfactorily addressed resulting in an appropriate layout, arrangement of dwellings, variety of house sizes and types, provision of affordable housing, provision of open space, creation of an appropriate drainage system and provision of traffic calming in Sherbourne Avenue. Whilst acknowledging concerns following the deferral on 22 April I consider that these issues have been satisfactorily addressed and therefore recommend accordingly.

RECOMMENDATION – APPROVAL (REVISED PLANS)

Conditions/Reasons:

1	The development hereby permitted shall be begun either before the expiration of 5 years from the date of the outline permission, or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved, whichever is the later. Reason: To comply with Section 92 of the Town and Country Planning Act 1990.
2	The materials to be used in the construction of the external surfaces of the dwellings hereby approved shall be as specified on applicants drawing number 48-1316-006 Revision B. All development shall be carried out in accordance with those agreed details. 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.
3	No individual dwelling shall be occupied until the boundary treatments as specified on applicants drawing number 48-1316-001 Revision M have been implemented and any such boundary treatment shall be retained and maintained thereafter. Reason: In the interests of maintaining amenity value of the area and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
4	Notwithstanding the boundary details specified on drawing number 48-1316-001 Revision M the southern boundaries to the parking areas between plots 44 and 46, 49 and 51, and 58 and 59 shall be in the form of a 2 metre high close boarded fence with such fencing being retained and maintained thereafter. No occupation shall take place of units 43 to 52 inclusive and 56 to 66 inclusive until such fencing has been erected. Reason: In the interests of the amenities of the adjoining properties in compliance with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
5	No occupation shall take place of plots 3 to 6, 8, 18 to 21, 43 to 52 inclusive and 56 to 66 inclusive until lighting has been installed in the car parking area serving those units in accordance with details to be submitted to and agreed in writing by the Local Planning Authority. Such lighting scheme shall be carried out in accordance with the approved details and shall be subject of an appropriate management plan. Any such lighting scheme shall include full lighting under the bridging units over the entrances to the car parking areas which serve units 43 to 52 inclusive, 18 to 21 inclusive and 3 to 6 inclusive and plot 8. Any such units shall be retained and maintained thereafter. Reason: In the interests of the future occupiers and adjoining property owners in compliance with Policy D1 (Standards of Design) and Policy D14 (Light Spillage) of the Isle of Wight Unitary Development Plan.
6	No development shall take place until full details of the hard landscaping works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved prior to the occupation of those dwellings which abut the hard paving areas. These details shall include hard surface materials for the proposed communal parking areas with the surface treatment for the parking area differentiating from the turning area, shared surface block paved areas and hard surfaced open space areas between Plots 9 to 12 and 36 to 38 inclusive. Reason: To ensure the appearance of the development in satisfactory and to comply with Policy D1 (Standards of Design) and D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
7	The existing tree protection works on site as indicated on applicants drawing No. TD/21602 shall be maintained through the course of construction works during which period the following restriction shall apply. (a) No placement or storage of materials; (b) No placement of storage of chemicals; (c) No placement or storage of excavated soil; (d) No lighting of bonfires; (e) No physical damage to bark or branches; (f) No changes to natural ground drainage in the area; (g) No changes in ground levels; (h) No digging of trenches for surfaces, drains or sewers; and (i) Any trenches required in close proximity shall be hand dug ensuring all major roots are left undamaged. Reason: To ensure the trees and groups of trees to be retained or adequately protected from damage to health and stability throughout the construction period in the interests of the amenities of the area and to comply with Policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
8	Prior to occupation of flats 59 to 66 a 1.2 metre high railing as indicated on application drawing number 48-1316-001 Revision M shall be erected. Such railings shall be retained and maintained thereafter. Reason: In the interests of providing private amenity area for the flats in compliance with Policy D1 (Standard of Design) of the IOW Unitary Development Plan.
9	Prior to occupation of the final dwelling on site the public open space area shall be suitably landscaped and grassed in accordance with the agreed details submitted under condition14. . Reason: In the interests of the amenities of the area and to comply with Policy D1 (Standards of Design) and Policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
10	A landscape management plan including long term design objectives, management responsibilities and maintenance schedules for all landscape areas other than privately owned domestic gardens shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development or any phase of the development whichever is the sooner. The landscape management plan shall be carried out as approved and shall include management of the agreed lighting to the parking areas referred to in condition . Reason: To ensure long term maintenance of hard and soft landscaped areas to comply with Policy D1 (Standards of Design) and Policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
11	Prior to occupation of the final dwelling on the site the existing building to be retained as a community building indicating on the plan hereby approved shall be clad in materials of a type and colour to be agreed in writing with the Local Planning Authority. Reason: In the interests of the visual amenities of the area and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
12	None of the flats hereby approved (Plots 59-66) shall be brought into use until provision has been made within the site for the secure and covered parking of a minimum of 8 bicycles as indicated on the plans hereby approved. Such provision shall be made in the form of Sheffield hoops unless otherwise agreed in writing by the Local Planning Authority and such provision shall be retained thereafter. Reason: To ensure adequate provision for the parking of bicycles in compliance with Policy TR6 (Cycling and Walking) of the Isle of Wight Unitary Development Plan.
13	Lower half of the south facing first and second floor windows of first and second floor flats (Plots 62 and 65) shall be glazed in fixed obscure glazing which shall be retained thereafter. Reason: To protect the privacy of the neighbouring properties and to comply with Policy D1 (Standards of Design) of the IOW Unitary Development Plan.
14	The landscaping scheme indicated on submitted drawing No. TD21601 B shall be carried out in accordance with the phasing scheme providing the programming and approximate timing of a landscape work in any particular area having regard to the timing to the commencement in that area of any part of the development hereby approved. None of the units served by the communal parking area shall be occupied until the landscaping proposals relating to those car parking areas have been fully implemented. Reason: To ensure that the development is carried out in a properly phased manner with the minimum of detriment to the character and amenity of the area in compliance with Policies D1 (Standards of Design) and D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
15	No dwelling shall be occupied until the parts of the service roads which provide access to it have been constructed, surfaced and drained in accordance with the approved details. 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.
16	Steps, including the installation and use of wheel cleaning facilities in accordance with details to be submitted to and approved in writing by the Local Planning Authority, shall be taken to prevent material being deposited on the highway as a result of any operation on the site. Any deposit of material from the site on the highway shall be removed as soon as practicable by the site operator. Reason: In the interests of highway safety and to prevent mud and dust from getting on the highway and to comply with policies TR7 (Highway Considerations) and M2 (Defined Mineral Working) of the IW Unitary Development Plan.
17	All traffic related to the development hereby approved shall be directed to leave the site by means of a prominent signage, the details of which shall be submitted to and approved in writing by the Local Planning Authority, erected at the junction between the site access road and the highway before the access road is first used. The signage shall be retained in a clean and legible condition for the duration of the development and any sign that is damaged beyond repair or removed shall immediately be replaced. Reason: In the interests of highway safety and to comply with policies TR7 (Highway Considerations) and M2 (Defined Mineral Working) of the IW Unitary Development Plan.
18	Space shall be provided within the site for the loading, unloading and parking of construction workers' vehicles and such provision shall be retained while the development is in progress. Reason: In the interests of highway safety in compliance with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

8.

TCP/26385 P/01047/04 Parish/Name: Newport Registration Date: 04/06/2004 - Full Planning Permission Officer: Mr. J. Mackenzie Tel: (01983) 823567 48 holiday homes with associated parking, garages and landscaping; associated 76 marina berths (revised scheme) (readvertised application) land adjacent, Redshank Way, Newport, PO30

This application is recommended for Conditional Permission. (Subject to a Section 106 Agreement)

REASON FOR COMMITTEE CONSIDERATION

The application is major submission where there are a number of significant issues to be resolved and the proposal has proved particularly contentious attracting a substantial number of representations.

DETAILS OF APPLICATION

The revised scheme seeks consent for 48 holiday homes with associated parking, garages and landscaping plus associated 76 marina berths. The original scheme submitted seeks consent for the completion of the development previously commenced in 1988 and relies on the validity of that extant permission (in part) to continue the development. The original scheme submitted showed the development to encroach beyond the northern limit of the designated tourism site shown in the UDP and into the area designated as a site of importance to nature conservation.

Revisions received showed the scheme condensed further south and west encroaching less into the Site of Importance for Nature Conservation and “folding back” onto itself but into the area presently shallow water.

The layout plan shows the access road extended, abutting the south east boundary of the site, turning northwards and adjoining a new wharf which then projects westwards into the basin. Four terraces of dwellings comprising terraced properties and each arranged on the western side of the access road with a further terrace of seven directly opposite the first terrace in Redshank Way. The “wharf” is L shaped block projecting westwards into the water comprising 3, 4, 5 and 6 unit blocks.

The plans also show the intention to create yachting berths around the “wharf” to form a further pontoon a little further to the south and west providing for a further 76 berths. This will involve substantial dredging works to provide adequate deep water to enable yachts to access the berths, but of course, water levels are maintained by the existing lock system where the harbour connects with the Medina.

Areas of car parking are spaced out through and among the dwellings, but a further, comparatively large area, is situated to the northeastern extent behind and area of natural growth on a site which is presently an open field.

Typically the dwellings have accommodation on three floors, although part of the upper floor is contained within the roof space. Gross floor area totals approximately 134 sq metres and typically accommodation comprises four bedrooms, kitchen/dining room, one en suite, two shower rooms and a cloakroom. Dependant upon the dwelling type and its location, configuration varies with some ground floor decking and small balcony at first floor. One of the units has been designed in the form of a tower and reaches to a maximum height of four storeys. This feature occurs at the corners of the pier or wharf and on the southeastern most unit.

Finishes are shown to be grey slates to the roofs; walls to be a combination of stained weather board, brickwork with a blue engineering brick plinth; windows to be constructed in timber and finished with stain.

The drawings describe the development as a wharf and plans show that, beneath the buildings, the footprint will be sheet piled and filled and, at least on the southwestern sides and possibly some of the northern side the harbour will be dredged deeper.

LOCATION AND SITE CHARACTERISTICS

Island Harbour is located on the eastern side of the Medina, located on northwest side of North Fairlee Road at Binfield. Site is accessed from north Fairlee Road and, by boat from the Medina.

Overall the tract of land within the holding is substantial but the application site comprises some 1.27 hectares located at the north eastern extent of the complex, bounded on its northern side by an area of water, some of which has been dredged and on its southeastern side by open, agricultural land. There is a general but gentle fall from east to west being part of the Medina Valley. The area which has been dredged is clearly floodplain and part of the local drainage regime which flows into the Medina in a north east to south westerly direction, draining land from the East Cowes Road and Alverstone Road areas. The surrounding land is mostly open farm land with the exception of ribbon development fronting East Cowes Road and Heathfield Farm located further to the north east towards East Cowes Road.

Presently, development on site includes a group of terraced and semi-detached properties, number 48 and the provision of pontoons giving berths in the existing marina. The site is accessed via a narrow but metalled highway entering the site in its south western extent and linking with North Fairlee Road, a length of approximately 600 metres.

RELEVANT HISTORY

TCP/14525/S – 96 yachtsman’s cottages and flats, 96 marina berths and 128 car parking spaces at Island Harbour approved in October 1988. This permission was subject to the Section 52 Agreement which required:

Upon receipt of a written request from the Council the owners shall within fourteen days supply in writing the names of proposed occupiers of any of the units and the proposed length of their occupation;

Only a person or persons who own a boat or boats which are permanently moored in the marina at the site or who have hired a boat or boats permanently moored in the said marina from the owners or their duly appointed agents operating on the site shall be allowed to occupy any of the units;

No person or persons shall reside in any of the units which are to be disposed of as ‘timeshare’ accommodation for more than eight weeks in any 52 week period;

No person or persons shall reside in any of the units which are to be disposed otherwise by way of ‘timeshare’ accommodation for more than 42 weeks in any 52 weeks period;

To provide, construct and maintain a public slipway adjacent to the control tower in the approximate position shown on the plan;

To maintain and keep in good order the open spaces, pond areas and car parking areas and to manage the existing and newly planted woodland at the north eastern corner of the site and any other new planting on the site;

Within 21 days of receiving a notice in writing from the Council, to remedy any matters contained in the notice to the satisfaction of the Council;

To keep the site areas un-enclosed at all times;

Not to provide any additional habitable accommodation on the site over and above of that approved under the application.

TCP/25521 – Application for a terrace of seven houses to be used for holiday purposes and seeking an amendment to the previous, extant permission TCP/14525/S was approved in May 2004. This related to the recently constructed terrace of properties abutting the waterside. The proposed amendment comprised a reworking of the terraced original approved under the original scheme in 1988 splitting the terrace of seven units into two blocks of two and a block of three (but still as a terrace). Incorporating oriel type of bays at ground floor and canopies to the entrance doors but also incorporating dormer windows in both front and rear elevations. This permission was not subject to a Legal Agreement but conditions were applied.

This permission was not subject to a Legal Agreement but conditions were applied. Development was approved subject to, amongst others, conditions limiting the occupation of those seven dwelling to holiday use only, without specifying a specific number of weeks in the year that could be occupied or any limit on length of stay by any person. Requiring berth or mooring spaces as properties are completed but before occupation; limiting the berths to the relevant unit; requiring the mooring spaces used by certain properties in Redshank Way to be moved to the pontoon approved in the scheme within one year of the permission being implemented; requiring the pontoon fully provided within one year of unit 7 being completed with a minimum cleared depth beneath average neap tides of 1.8 metres; that dredging beneath the new pontoon should be carried out within one year of unit 7 being completed and the pontoon made available for holiday purposes in connection with the holiday units.

DEVELOPMENT PLAN/POLICY

National Policy & Guidance

PPS1 - Delivering Sustainable Development seeks to protect the environment whilst creating sustainable development and the protection of resources.

PPS7 - Objectives are to protect the countryside from inappropriate development, providing leisure activities and to promote good quality sustainable developments.

PPG21 - Tourism. Recognises the importance of tourism to the rural economy but whilst encouraging tourist development seeks to protect sensitive areas of landscape and of nature conservation value. Recommends occupancy restrictions of such accommodation to holiday use only.

Circular 11/95 - Conditions on Planning Permission recommends conditions as described above, limiting occupation for holiday use only.

UDP Policies

The site is shown to be outside of any designated development envelope but the majority of the site is within policy T6 (Permanent Holiday Accommodation). The northern section, where the wharf is accessed is shown to be outside the designated policy area but within the adjoining Site of Importance for Nature Conservation.

Policy T6 states:

“Planning applications for the expansion of existing permanent accommodation sites, as defined on the proposals map, will be approved where the following criteria can be met;

They adjoin or are directly related to the existing build facilities;

They do not detract from the surroundings;

They enhance the environment or improve the visual appearance of the site;

New or replacement units are appropriate in design and appearance and the resulting density of the site does not adversely affect the rural character of the area.”

D1 – Standards of Design

TR7 – Highway Considerations for New Developments

TR7 Zone 4 – Car Park (0-100% requirement)

C11 – Sites of Local Importance for Nature Conservation

G7 – Development on Unstable Land

G6 – Development in Areas Liable to Flooding

CONSULTEE RESPONSES

English Nature originally objected to the scheme as first submitted on grounds of adverse effects on nature conservation interests in the immediate vicinity and in the wider Medina Valley area. However, following revision of the scheme and receipt of further information objection has subsequently been withdrawn.

SSE Power Distribution – no objection.

Highway Engineer recommends conditions if approved.

Environment Agency – comments awaited.

PARISH AND TOWN COUNCIL COMMENTS

Not applicable.

THIRD PARTY REPRESENTATIONS

Four letters from Island Harbour Residents Society and eighteen letters of objection on grounds of inadequate work done to retain shoreline and that existing seven properties should be completed before any further consents given; queries the distance between pontoons for maneuvering; excessive berth provision; differs from original scheme in both design and character; excessive time taken to complete development; conditions of previous permission not enforced. Development is a breach of policy with a likelihood of permanent accommodation resulting; no guarantee of sustainability of development; inadequate information; levels on plan do not relate to ODN; inadequate drainage; development out of character more suited to a modern housing estate; inconsistent plans with berthing arrangements differing; no obvious contribution to marina maintenance; querying controls on occupancy. Objects to buildings projecting into the harbour; adverse effect on bird sanctuary; building on flood plain; increased traffic at junction and access road; adverse effect on AONB. Inadequate water depths at present; Inadequate details of finished dredged depths; Queries adequacy of existing lock and feasibility of dredging and inadequate berthing arrangements.

Two letters confirming no objection.

EVALUATION

Policy and Principle

Established UDP policy indicates that the site, in the main, is under a permanent holiday accommodation notation on the Unitary Development Plan. However, part of the proposed development encroaches into the Site of Importance for Nature Conservation (SINC). In addition, part of the proposal, the wharf, projects into the un-notated area, the harbour. There is no designation for that part of the site. Whilst not all of the footprint of the development is within the policy designation, that does not preclude the Council from granting permission if it feels the development to be appropriate.

The current position is that the permission granted in 1998 for 96 yachtsman’s flats on this site has been partially implemented. 41 of the original 96 dwellings were constructed soon after the grant of permission and, more recently, a further 7 dwellings the subject of a fresh application were also permitted and subsequently built. Firstly the implementation of the original consent without its conclusion means that the remaining 48 dwellings can still be completed irrespective of the resolution of the current proposal.

Essentially, the differences between the formally approved scheme and the current scheme involve the layout of the site and the projection of the scheme in the form of a wharf into the yacht basin. The original scheme involved the installation of a substantial and complex shape of pontoons and berths which provided those moorings or berths on the western side of the harbour, some dwellings within the “harbour” area and, of course, the design of the dwellings.

Occupancy Restrictions

In the permission granted in 1988 (subject to a Section 52 Agreement) the occupation was limited by the written agreement as detailed above. Essentially this limits the occupation by those owner/occupiers to a maximum of 42 weeks per year and occupation only by persons who have a boat moored in the marina.

The 7 units approved in May 2004, as detailed above, are restricted in their occupation to holiday use only. This change of occupancy restriction is adopted following advice given in Circular 11/95 wherein the principle of holiday use only is recommended. The imposition of this occupancy condition reflects the changes in planning policy during the passage of time.

This situation results in the unenviable situation of different parts of the overall development being occupied on a different basis.

The current application seeks consent for holiday occupation only, on a similar basis to the 7 dwelling approved last year. This means that they could be occupied for 52 weeks of the year but only by persons ‘on holiday’ and not as those persons sole residence. In order to enable a more effective enforcement of the occupancy restriction, a register of occupation is necessary as part of a S106 agreement.

Despite the restrictions imposed on the 7 units to holiday use only, this may be considered to conflict with the original concept of the development which was to provide dwellings for persons who had a boat(s) normally moored in the marina. That is to say that the residential presence on site, which would otherwise have been contrary to planning policy, was justified as marina related accommodation. Accordingly, it is still felt that the original concept should not be dismissed but that the occupation of these new dwellings should be closely associated with the main activity in the area, that as a marina. Accordingly, it is felt that the occupancy of the holiday units should be linked with the provision and use of berths but by a Section 106 Agreement.

Ecology and Wildlife Implications

The site comprises part of the Island Harbour being a deep water tract formed following substantial dredging, It also comprises, in part, an area of water logged or wet land fed by natural drainage flowing from the north east as tributaries of the River Medina. The water is therefore brackish since the harbour is connected by lock gates at the western extent of the harbour where it meets the River Medina.

Initially, English Nature objected to the development due to the possible adverse effect as the development could have significant effect on the SPA (RAMSAR) site; a possible detrimental impact on the over wintering of birds within the adjoining SSSI feature and the fact that the salt marsh as a bio-diversity action plan habitat could be adversely effected due to the encroachment of the development into that area.

However, following receipt of further information, English Nature has withdrawn the objection which, in part, is due to the changes to the scheme in the revisions received. In withdrawing the objection, English Nature welcomes the revision but strongly recommend that measures are put in place to protect this important bio-diversity action plan habitat during the construction and operational phases of the development, through a Section 106 Agreement.

Environment Agency Input

Environment Agency's comments not yet received.

Design and Materials

The design of the buildings is different from those which were approved in the original scheme although the style is similar incorporating dormer windows and balconies to make the most use of views over the harbour. Incorporates steep pitched roofs but the front elevation eaves is lower than the rear utilizing the roof as a cover for the first floor balcony, other house types incorporate different, gabled designs with buildings of a lower profile and lower ridge lines due to the front elevation incorporating gabled roofs in a saw toothed configuration on the terraces. Tower units are included at the corners of the wharf. Materials proposed are a mix of brick over a dark brick plinth with some of the elevations weather boarded and stained under slate roofs. These materials are comparatively dark and will subdue the impact of the buildings, especially long distance views. However, careful choice of materials is essential and materials which weather well will be preferred so the stark nature of new materials reduces significantly over time.

Visual Impact

In drawing back the physical development from the Site of Importance to Nature Conservation, the effect is to compact the development into a much more dense mass, especially around the proposed wharf. Some of these buildings are tall and whilst the vast majority are three storeys with parts of the upper floor within the roof space, the overall height remains taller than the overall height of the existing development, although, in the main, the new development in the main will be at a lower ground floor level. The impact of this compaction means the perceived mass will be greater but the site is generally visible only from the Medina, the west side of the Medina and from the East Cowes road when viewed in a southerly direction from that elevated view point. However, as stated above, the development of a further 48 dwellings may continue since the original planning consent in 1988 remains valid and implementable due to the substantial commencement made on that earlier permission. Whilst a greater visual impact will be realized by this condensed development, the advantages are that it results in a lesser impact on the site of interest to nature conservation by lesser encroachment and creates an interesting feature of the wharf, surrounded on three sides by water which was the intention of the original development in creating a yachting village.

Plans show the new pontoon to be installed, attached to the shore in front of the crescent of buildings know as 9-20 Redshank Way, a straight, hammer headed pontoon providing berthing for 36 boats, a further 15 would be moored on the south eastern and south western sides of the wharf and the remainder, 18 would be moored in a crescent shaped berth between the wharf and the existing pumping station situated just to the north east of the recently constructed terrace of 7 units.

Access and Parking

Planning permission has already been granted in 1988 for 96 dwellings and this proposal seeks to provide, albeit in a different form, the remaining 48 dwellings. Parking and use of the access road from north Fairlee to the site is not likely to be of any greater volume than that which is already approved. There are considered to be no implications on increased highway use to the site which could warrant resistance of the development.

60 car parking spaces are shown in several small and one large area. The small areas are close to the dwellings located in the southeastern corner close to Redshank Way and stretching in a northerly direction in small groups, the larger area containing 31 spaces shown to be in a tear drop shaped area to the north east which is presently part of an open field. However, parking in close proximity to dwellings will be visually intrusive and may encourage others to form parking areas rather than use a dedicated parking area. This may be controlled by condition.

CONCLUSION AND JUSTIFICATION FOR RECOMMENDATION

Having given appropriate weight and consideration to the issues as described in the evaluation section above, to the planning history of the site it is felt that the revised scheme to develop a further 48 properties on this site is appropriate and consistent with policies in the Unitary Development Plan.

RECOMMENDATION - Conditional Permission -

Subject to a S106 Agreement to cover:

limiting occupation of dwelling to holiday use only

provision of a register of occupants of the dwellings

provision of a register of individual berths

maintaining each and every holiday unit with a dedicated marina berth, the berth to be provided and operational prior to the occupation of its holiday unit/

the safeguarding of the biodiversity value of the adjoining SINC.

Conditions/Reasons:

1	Time limit - full - A10
2	Not withstanding the materials/finishes specified on the application, no development shall take place until details of the materials and finishes, including mortar colour to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	None of the dwellings hereby approved shall be used other than as holiday accommodation. Reason: To ensure that the development remains for holiday purposes and to comply with policies T1 (Tourism) and T3 (Holiday Accommodation) of the IW Unitary Development Plan.
4	No dwelling shall be occupied until a berth in the marina facility hereby approved has been provided and allocated to that dwelling, the number of berths being consistent with the number of dwellings provided. Provision of a berth shall be taken to mean dredging the harbour to a depth of 1.8 m below normal water level and the installation of floating pontoons to service that berth. Reason: The site is in a location where residential development would not normally be approved and to ensure than the development remains for holiday purposes and to comply with policies T1 (Tourism) and T3 (Holiday Accommodation) of the IW Unitary Development Plan.
5	Withdraw PD rights structures/fences etc - R01
6	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no development within Classes A to D of Part 1 of Schedule 2 to that Order shall be carried out [other than that expressly authorised by this permission]. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
7	Notwithstanding the provisions the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no walls, fences, gates or other means of enclosure shall be erected anywhere around any of the dwellings approved under this permission, other than any approved under Condition 8. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) 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 artifacts 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	Landscape implementation - M11B
10	A landscape management plan, including long-term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than privately owned, domestic gardens, shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development or any phase of the development, whichever is the sooner. The landscape management plan shall be carried out as approved. Reason: To ensure long-term maintenance of the landscaping of the development and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
11	The developer shall afford access at all reasonable times to any archaeologists nominated by the Local Planning Authority and shall allow them to observe all groundwork and to record items/features of archaeological significance and finds. Notification of the opening up and information as to whom the archaeologist should contact on site shall be given in writing to the address below (or to any alternative address notified to the developer by the Local Planning Authority) not less than 14 days before the commencement of any work: County Archaeologist County Archaeological Centre 61 Clatterford Road Carisbrooke Newport Isle of Wight PO30 1NZ Reason: In order to ensure access by specified archaeologists during the permitted operations and to comply with policies B9 (Protection of Archaeological Heritage) and B10 (Parks and Gardens and Landscapes of Historic Interest) of the IW Unitary Development Plan.
12	No development approved by this permission shall be commenced until a scheme for the provision and implementation of foul drainage works has been approved by the Local Planning Authority. Thereafter, the scheme shall be carried out strictly in accordance with the approved scheme and completed prior to the occupation of the first dwelling. Reason: To minimise the risk of pollution and to comply with policy P1 (Pollution and Development) of the IW Unitary Development Plan.
13	The allocated berth space pursuant to Condition 4 shall be for the sole use of the occupants of the holiday units hereby approved when the units hereby approved are in occupation. Reason: The site is in a location where residential development would not normally be approved and to ensure than the development remains for holiday purposes and to comply with policies T1 (Tourism) and T3 (Holiday Accommodation) of the IW Unitary Development Plan.
14	Notwithstanding the car parking layouts shown on the submitted plans, the development hereby permitted shall not be commenced until space has been laid out within the site in accordance with details to be submitted to and approved by the Local Planning Authority in writing for cars/bicycles to be parked and for vehicles to be loaded and unloaded and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
15	No building shall be occupied until the means of vehicular access thereto has been constructed in accordance with the approved plans. Reason: To ensure adequate access to the proposed development and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
16	No building shall be occupied until the means of access thereto for pedestrians and/or cyclists has been constructed in accordance with the approved plans. Reason: To ensure adequate safe provision of facilities for pedestrians and cyclists wishing to gain access to the site and to comply with policy TR6 (Cycling and Walking) of the IW Unitary Development Plan.
17	Details of provision for refuse - G31
18	Notwithstanding the details shown on the plans hereby approved details of the method of retaining the land abutting the water line of the marina shall be submitted to the Local Planning Authority for approval in writing and the agreed scheme shall be implemented before the occupation of the first unit. Reason: To ensure the stability of the development is not compromised by erosion and to comply with Policies D1 and G5 of the IOW Unitary Development Plan.
19	No balcony or other raised external amenity area shall be used for the drying or airing or clothes. Reason: To ensure that the design of the buildings is not compromised by unsightly additions and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
20	Details of the dormer window finishes shall be submitted for written approval to the Local Planning Authority before the development is commenced. Thereafter development shall be carried out in accordance with the approved details. Reason: To safeguard the amenities of the locality and to ensure that the development complies with Policy D1 (Standards of Design) of the IOW Unitary Development Plan.
21	Details of a scheme of maintenance for existing flood defences shall be submitted for approval to the Local Planning Authority before the first unit hereby approved is occupied. Such a scheme shall be implemented within one year of the last unit being occupied and maintained thereafter. Reason: To ensure flood defences are maintained and to comply with Policy C8 (Development in Areas Liable to Flooding) of the IOW Unitary Development Plan.

9.

TCP/09178/N P/00216/05 Parish/Name: Northwood Registration Date: 03/02/2005 - Full Planning Permission Officer: Mr. J. Packman Tel: (01983) 823571 Demolition of building (block 2); construction of 2 single storey buildings to provide 10 light industrial units (use classes B1 & B8), (revised scheme) Northwood Business Park, 290, Newport Road, Cowes, PO31 8PE

This application is recommended for Refusal

REASON FOR COMMITTEE CONSIDERATION

Report requested by Local Member, Councillor Mr Mazillius, as he considers the site to be important for local employment.

1. Details of application

1.1 Full planning permission is sought for the demolition of a single storey building and the construction of 2 single storey buildings to provide 10 light industrial units. One building would have a block of 4 units, the other a block of six.

1.2 The business park is accessed from Newport Road over an access road which has recently been widened and resurfaced.

2. Location and site characteristics

2.1 The site is located off Newport Road outside of the Cowes development envelope. The access road is situated in a gap between two houses fronting the main road and has a sizable visibility splay. The site currently accommodates a number of small industrial units that support a number of light industrial and storage uses. The business park is located to the rear of three houses. The site looks out onto domestic gardens and largely open countryside to the North, South and East. The main building is of timber construction under a corrugated roof with a shallow pitch. To the east there is a 1.8 metre panel fence and to the North and South there are a number of mature trees providing reasonable screening.

2.2 Further to the North along Newport Road is Somerton Industrial estate, a large site offering a range of units of different sizes for small and large businesses.

3. Relevant history

3.1 TCP/9178/K - application for change of use of main building from aquifarm seafoods to storage and eight workshops, alterations to vehicular access car parking approved April 1998.

TCP/9178/M - application for demolition of building (Block 2) and construction of two single storey buildings to provide 10 industrial units (Use Classes B1 and B8) refused November 2004. Reasons for refusal related to the fact that site was outside development boundary and proposal would lead to undesirable intensification prejudicial to rural character of the area. In addition, submission failed to demonstrate that the proposal was essential inthe interest of the rural economy.

4. Development Plan policy

4.1 Planning Policy Guidance 4: Industrial, commercial development and small firms

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

S1 - New development concentrated within existing urban areas.

S2 -The countryside will be protected from inappropriate development

S6 - All development expected to be of a high standard of design

G1 - Development envelopes

G4 -General locational criteria

G5 -Development outside defined settlements

D1 -Standards of design

E1 -Promotion of new employment uses

E6- Expansion of existing industry and offices

E8- Employment in the Countryside

TR7- Highway Considerations for New Development

5. Consultee and third party comments

5.1 Internal consultees

Highway Engineer considers the new parking provision to be adequate and recommends conditions should application be approved.

Environmental Health have expressed concerns over the potential for disamenity to nearby land uses and recommend a number of conditions relating to hours of operations and noise control.

5.2 External consultees

None received

5.3 Town or Parish Council comments

Not Applicable

5.4 Neighbours

None received

6. Evaluation

6.1 Determining factors in considering this application are:

Consideration against Unitary Development Plan Polices

The potential for loss of amenity to nearby dwellings

The impact upon the rural character of the area

Employment considerations

6.2 The site is located outside of the development envelope for Cowes where further development is generally resisted as set out in S1 (New development concentrated within existing urban areas), S2 (The countryside will be protected from inappropriate development) and G1 (Development envelopes). The Isle of Wight UDP supports the expansion of industry and business uses except in areas where the intensification of an existing use would have an unacceptable impact on the surrounding area. In this location I consider the expansion of the existing business park would have a detrimental impact on amenities of the existing dwellings and on the rural character of the locality and would therefore be contrary to UDP policy.

6.3 The site currently accommodates 8 units, the proposed additional 10 units would result in a significant increase in activity and traffic movement even if a number of units were only used for storage, albeit each unit is only the same size as a domestic double garage. Additional light industrial activity and traffic movements would certainly be detrimental to the amenity of the nearby dwellings. A statement has been submitted with the application to justify the proposed additional units. However the benefits that would occur from this development would not outweigh the policy objection to this proposal. In particular, I am not satisfied that this proposal would allow for the expansion of existing businesses at this site which could not be expected to relocate. Therefore, I consider that this proposal fails to satisfy the requirements for development which may exceptionally be permitted.

6.4 Although the site is reasonably well screened by mature trees to the North and South, the increased activity on the site we still be visible and audible outside of the site and due to the location will have a negative impact on the character of the area. The extent and type of activities on site would be over and above the type of activities that would be expected within a rural location. Also any activity associated with these units could only be carried out with the doors open due to the lack of any further fenestration or ventilation.

6.5 The 8 units currently on site accommodate a number of smaller businesses as well as storage space. In my view if the business park is using some of the building capacity for pure storage space then it is purely providing additional capacity for businesses located elsewhere and therefore is not being used to best potential for the benefit of small businesses. Somerton Business park up the road to the North is larger and more suitably located within the Development envelope and is able to provide small start up units for small businesses in addition to those already provided at Northwood business park.

7. Conclusion and justification for recommendation

Having given due regard and appropriate weight to all material considerations referred to in this report I am not satisfied that the proposed industrial units would represent an acceptable from of development on this site. I am of the opinion that the scheme has not satisfactorily overcome the previous reasons for refusing consent and fails to comply with policies of the Unitary Development Plan.

Recommendation - REFUSAL

Conditions/Reasons

1	The site lies outside the designated development boundary and the proposal, which comprises an undesirable intensification of industrial development and would be prejudicial to the rural character of the area and therefore contrary to Policy S1 (Concentrated Within Existing Urban Areas), Policies G1 (Development Envelopes for Towns and Villages),G2 (Consolidation and Infilling of Scattered Settlements Outside Development Envelopes) of the Isle of Wight Unitary Development Plan.
2	The proposal as submitted is not supported by sufficient evidence to outweigh policies restricting employment development in the countryside to that shown to be essential in the interests of the rural economy and is therefore contrary to Policies S1 (Concentrated Within Existing Urban Areas), S4 (Countryside Will be Protected From Inappropriate Development), G5 (Development Outside Defined Settlements) and E8 (Employment in the Countryside) of the Isle of Wight Unitary Development Plan.
3	The site is located outside the development envelope and the Local Planning Authority is not satisfied that the proposal involves provision of essential facilities for the expansion of a business, which could not be expected to relocate. In consequence the proposal is contrary to Strategic Policy S1 (New Development will be Constructed within Existing Urban Areas) and Policies G1 (Development Envelopes for Towns and Villages), G4 (General Locational Criteria), G5 (Development Outside Defined Settlements) and E8 (Employment Development in the Countryside) of the IW Unitary Development Plan.

10.

TCP/16761/C P/02170/04 Parish/Name: Chale Registration Date: 14/10/2004 - Full Planning Permission Officer: Mr. D. Booth Tel: (01983) 823856 Conversion of redundant barn to unit of holiday accommodation with terrace on south west elevation; alterations to vehicular access (revised plans) Gladices Barn, Gladices Lane, Chale Green, Ventnor, PO38

This application is recommended for Conditional Approval

REASON FOR COMMITTEE CONSIDERATION

This application is being reported to the Development Control Committee on the basis of the previous history of the site and because the current application is particularly contentious having attracted a substantial number of representations.

DETAILS OF APPLICATION

This is an application for full planning permission for conversion of this agricultural building to comprise self catering holiday accommodation. The submitted details indicate the provision of seven bedroom accommodation with a separate lounge, TV room, dining room, kitchen and utility areas. The accommodation would be contained within the shell of the existing building which would require little external alteration, although some new door and window openings are proposed.

The ground levels to the south of the building are significantly lower than the internal floor level and the plans which accompanied the original submission indicated a raised timber deck with balustrading. Following negotiations, this element has been reduced and redesigned to form a solid platform to give access from the interior accommodation but to reduce the overall visual impact of this structure. The submitted details also indicate improvements to the vehicular access, landscaping within the site and provision of hard surfacing for vehicle parking.

A Structural Engineers report has been submitted which indicates that the building is of substantial construction and in good condition capable of conversion to provide holiday accommodation.

The applicants have submitted a letter to accompany the application which indicates that when the land was purchased in 1980 there was no building on the land and the stone barn was commenced using traditional materials both on aesthetic and functional grounds. The following information and comments have been submitted in support of the proposal:

The barn was needed for the deer enterprise and also to house implements and store hay and straw. After nearly 20 years the deer enterprise was brought to an end by the imposition of a public right of way through the handling area. The consequent reduction in size of the herd rendered the business no longer profitable. In addition, the applicants have stated that frequent acts of damage to animals and property have occurred as the area cannot easily be surveyed by the owners. The discontinued use of the barn as an agricultural building would not in any way disadvantage the continued use of the surrounding land for agriculture. The barn only served and sustained the deer enterprise. The size of the entrance is too small in width for modern farming purposes and it cannot be reached or entered by the large trailers used in the transportation of grain on account of its size and its topography of the surrounding land.

An alternative use for the building is therefore sought and the provision of holiday accommodation appears to be the most viable option. The applicants intend to apply to DEFRA for a grant towards the conversion. The planned conversion would provide accommodation to a high standard in accordance with advice given by Isle of Wight Tourism and would make use of the traditional features of the structure and would harmonise with nearby buildings.

The applicants indicate that traffic movements would improve compared with the existing situation where large tractors, trailed machinery and implements gain access to the site. The lighter and more sporadic traffic serving the holiday accommodation could therefore easily be accommodated. Parking and disabled facilities are also planned.

As a result of comments received and further discussions regarding the application, the applicant has submitted further information to clarify the situation. This indicates that for the best part of the last fifteen years the use of the barn has been for wintering of calves plus the storage of foodstuff and hay and straw. In spring it was used for storage and chitting of seed potatoes and in summer for the storage of organic potatoes. The traditional construction was successful for these purposes. Small agricultural equipment was also stored in the barn. The nature of agriculture is changing and the production of certain food does not remain constantly profitable. This was equally true of venison and potatoes where the cost of production did not match the market price especially on the island. The establishment of the right of way has also been detrimental to the business. It is necessary therefore to diversify in order to return the business to profit.

The application details also include a letter from the NFU outlining the history of deer farming on the holding. This indicates that the holding has become uneconomic due to a number of factors and is currently running at a loss. A small deer herd is maintained but the business needs to be supported with a more viable, sustainable source of income. Conversion of the building for agricultural storage would not be a viable proposition and would also involve an increase in the use of Chale Lane by large agricultural machinery. The conversion of traditional barns into holiday accommodation, offices or similar forms of accommodation has proven a popular way to preserve such structures and is also supported by grant aid from organisations such as SEEDA and DEFRA.

LOCATION AND SITE CHARACTERISTICS

This application relates to a substantial building located on the western side of Chale Lane just to the south of Gladices Lane. The building is situated on ground which falls away from Chale Lane and the building is not readily visible from the local highway network due to the presence of a good hedge screen and the topography in the area. The building is more prominent however in distant views from the south and west and from the public footpath.

There is an existing vehicular access to Chale Lane which serves the agricultural holding.

The building is of relatively modern construction although it has been built using traditional stone and brick finishes with a tiled pitched roof. There are a number of large window and door openings as the building was constructed as a barn to serve the deer farm.

Access is from Chale Lane via an unmade track and there is some hard surfacing in the vicinity of the building which is currently used for parking of agricultural machinery.

A public footpath runs from Chale Lane to the north of the building and there is a separate access to the north-west onto Gladices Lane.

The barn has been constructed on land forming part of the deer farm and an enclosed paddock is situated immediately to the west of the building and there are further buildings and dwellings to the west beyond this paddock which are also accessed from Gladices Lane.

The area is generally rural in character with scattered development and open views, particularly to the west. The access lanes are relatively narrow and are partly enclosed by hedges although these are sparse in character.

RELEVANT HISTORY

Construction of this building commenced in 1988 and concerns were expressed regarding the size and appearance of the building and its location in the rural area. Information submitted by the applicants indicated that the building was being erected for agricultural purposes and was necessary to support the deer farming enterprise at the holding. This matter was reported to the Planning Committee of the former South Wight Borough Council in 1989 and again in 1990 and concern was expressed that the design and construction of the building resembled that of a dwelling rather than an agricultural barn and that its construction was not justified for agricultural use. However, following submission of information from the owners, a legal opinion was sought from Counsel and it was deemed that in the absence of any evidence to the contrary, the building had been constructed as an agricultural building under permitted development rights pertaining at that time. Therefore there was no action which the Council could take in this respect. This outcome was reported to the Planning Committee in November 1994.

Since that date the building has been roofed in and the applicants indicate that it has been used for storage of farm implements, feed stuff etc. Members are advised that the exterior of the building has not been completed but is essentially weatherproof and sufficient for agricultural storage.

The submitted details also indicate that a new drainage system would be installed with foul water drainage discharged through a new septic tank or sewage treatment plant subject to the necessary building regulation and Environment Agency approvals.

DEVELOPMENT PLAN/POLICY

National guidance is contained in Planning Policy Statement 7 and paragraphs 18 to 20 refer to re-use of buildings. In principle, the re-use of rural buildings for suitable purposes is encouraged providing the use is acceptable for a particular location especially where the building was originally erected under Permitted Development rights.

PPG21 refers to re-use of rural buildings for tourist accommodation and the use of appropriate conditions.

The site is located outside of any development boundary defined on the Unitary Development Plan, within a landscape designate as an Area of Outstanding Natural Beauty. Relevant policies of the Unitary Development Policy are considered to be as follows:

S1 - New development will be concentrated within existing urban areas

S4 - The countryside will be protected from inappropriate development

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

S10 - Designated and defined areas

G1 - Development envelopes for towns and villages

G4 - General locational criteria for development

G5 - Development outside of defined settlements

D1 - Standards of design

C1 - Protection of landscape character

C2 - Areas of Outstanding Natural Beauty

C15 - Appropriate agricultural diversification

C17 - Conversion of barns and other rural outbuildings

TR7 - Highway considerations for new development

TR16 - Parking policies and guidelines

The Council has published supplementary design guidance relating to conversion of rural buildings which contains advice relevant to this application.

CONSULTEE AND THIRD PARTY COMMENTS AND INTERNAL CONSULTEES

The Highway Engineer has indicated that visibility to the south from the vehicular access is extremely poor and as the proposed holiday unit could accommodate up to sixteen people it is likely that the access will have a greater level of usage than it has done in the past. As such it is reasonable to ask for improvements to the visibility. As Chale Lane is lightly trafficked and approaching vehicle speeds are only in the region of forty miles per hour it would be unreasonable to ask for a full visibility splay. There is also an established hedgerow. A visibility splay of 2.4 metres by 30 metres to the south would help considerably and a condition is therefore suggested in this respect. Revised details showing the required visibility width and hedge to be planted behind the splay, have been submitted.

The Countryside Manager comments that the hedgerow on the roadside boundary is well established and sits atop a large bank. It consists of Hawthorne and a great deal of apparently healthy Elm which is in itself of note. The hedgerow is very exposed and the constant exposure to the wind has made the trees stunted and growth quite thin in a manner typical of such locations. Despite this the hedge is in good health and without gaps. It sits on the very apex of the ridge looking west over Atherfield and the West Wight and east towards St Catherine's Down, and forms a part of the skyline view for those looking from both sides. It is of exceptionally high landscape importance because of this locally distinct growth habit and its location. It is situated in the heart of the AONB in an unusually undisturbed and tranquil location. The length of hedgerow proposed for removal in connection with visibility improvements, is small by standards of many such applications. However despite this the location and the importance of the hedge itself lead him to conclude that removal of this amount of hedgerow is sufficient reason for refusal of the proposal. Concerns are also expressed at increased traffic disturbing the tranquility of this unusually quiet area of the landscape, but this in itself is not sufficient reason for refusal. It is suggested that an alternative access formed to Gladices Lane would be preferable thus avoiding the top hedgerow entirely. Further consideration has confirmed that the hedge is not of historic importance and a replacement behind the visibility line would be acceptable.

The Rights of Way Officer has also commented on the application and has indicated that there would be no objection to the proposal as far as the effect on the footpath is concerned other than to request a separate pedestrian entrance adjacent to the vehicular gate on the south side so that walkers would not have to cross the path of vehicles entering and exiting. Gladices Lane itself is a byway open to all traffic and is part of the Rights of Way network as well as being maintained as an unclassified road to access properties. Concern is expressed about the removal of hedgerow in the area because of the rural character of the lanes. A possible alternative would be to use the existing entrance to the field from Gladices Lane itself but it is recognised that it could be more awkward and the increase in the use of Gladices Lane itself could also require an improved visibility splay.

The Policy Team Leader has made the following comments in respect of this application:

Recent planning appeals have suggested that some conditions which the local authority wish to apply were not well founded in terms of circular advice and that enforcing them could be intrusive or that there was a lack of evidence to support the reasons for their application. This must therefore call into question whether the exemption to general policies against the provision of accommodation in the countryside for tourism purposes can any longer be allowed if reliance on a single condition of the principle that the accommodation shall only be used as holiday accommodation is insufficient to maximise the delivery of the wider benefits to the tourist and rural economy. There is evidence from elsewhere that holiday accommodation generates three times greater benefits for the local economy than second homes. Further survey work on the island would provide local rather than generic evidence.

The application details indicate that the intention is for a self catering units for multiple occupancy or a single let unit for up to twenty visitors providing high quality short term holiday accommodation. The accommodation would not be subdivided for separate units for resale and the letting income would replace lost income from the failed deer farming operation. It would be difficult to achieve these aims by the imposition of planning conditions as noted above and it would therefore be expected that these matters would be covered by a legal agreement in order to secure the proposed use and rural benefit.

Comment has been received from the Head of Tourism indicating that the property is hidden from the road but has a good view out from the rear across a small wood and open field to the sea. A small herd of domesticated deer in the field adjacent will have its own attraction. The applicant has a good understanding of the market place and would provide some additional services which might be needed such as external catering. Tourism South East have identified an increasing demand for larger units to house two families sharing or a larger group. There is healthy demand for high quality accommodation towards the four and five star end of the market and if the property is developed to this standard it would be the only one of this size on the island and in view of the research on future demand this would be a very viable business. Similar properties in the West Country can command over £2,000 a week during the peak season and the return on investment should be reasonably quick in view of the fact that the shell of the building already exists and the expenditure would primarily for the fitting out. The development is therefore supported.

The AONB Officer indicates that it is his understanding that the building was constructed during the 1980's as permitted development for agricultural use and that the location had no historic development and was not part of an existing farm building complex. The building is highly visible from the surrounding AONB to the south and south west due to its construction on a hill side rising from the coastal plain. The building can be seen from the Military Road and from Atherfield. Closer views to the building and its curtilage are afforded by public footpaths and there is partial visibility from Gladices Lane. It would seem that the building has never been completed with internal block walls visible towards the roof line. Some badly corroded farming equipment was seen due to its open air storage in the grounds around the building. It is believed that the original submission was incomplete as it provided insufficient information on the extent of the agricultural holding within the ownership of the applicant. No detailed information has been provided on the impact of the proposed development on the viability of continued agriculture use of the holding in the form of a "Whole Farm Plan". In the light of the design of the building its current unfinished state and its short term alleged use for agriculture it is questioned whether there is scope to revisit the issue of the structure currently benefiting from agricultural permitted development rights.

The AONB Officer considers that the visual impact of the building within the AONB is important as this is situated in a prominent position. The design of the building and the alterations are of great concern. This part of the AONB currently benefits from being classed as having "dark skies" due to low light pollution. This resource is a recognized asset of landscape character of the AONB which possesses the predominant part of the remaining 5% of the South East England resource. The AONB Management Plan cites the protection of this as a key management aim. The use of the building for tourism purposes will result in light from windows in the south east aspect being visible in long distant views.

The AONB Officer considered the proposal to include balaustrading and decking to be an inappropriate urbanizing impact which should not be included in proposals for barn conversions. In addition, he noted that the proposal to provide a visibility splay will require the removal of a mature hedgerow and change the present rural character of this part of Chale Lane, to which he objects.

The AONB Officer considers that there would appear to be some confusion about the applicants supporting letter indicating that the buildings are redundant and no longer required for agricultural activities. They also state that the deer are to be retained albeit at a reduced level and it is not clear how their husbandry will be serviced. If lower levels of deer are able to be maintained without the use of the building we would ask whether the stocking level triggered the need for the construction of the building. It is questioned whether it is intended to subdivide the property from the farm holding. The large curtilage being proposed for the barn conversion would impact on the landscape and the provision of car parking on this plot would change the visual character of the area.

Concern is also raised about the conversion of the building to one unit and the viability of this in the tourism market. Concern is also raised about potential for future change to residential use on the basis of the lack of a market for a single large tourism unit.

On the basis of the above, it is believed that the application cannot be viewed as a straightforward farm diversification and strong objection is raised as it is believed to be detrimental to the conservation and enhancement of the AONB. Further information should be provided in respect of the farm diversification.'

PARISH/TOWN COUNCIL COMMENTS

Chale Parish Council object to the application for the following reasons:

The proposed changes would be an unwarranted intrusion into the AONB contrary to C2 of the Unitary Development Plan.

The proposals could result in loss of privacy to near neighbours.

Increased tourism use could cause access and congestion problems.

The Council is concerned that drainage provision may not have been sufficiently addressed.

In addition the Council have requested that the application is dealt with by the Development Control Committee within the spirit of the Parish Protocol.

Additional comments were subsequently received from the Parish Council for consideration as follows:

To grant change of use to residential holiday accommodation would set an unusual precedent as the property was originally built without permission for agricultural purposes. If granted this development would contradict original planning conditions.

At Public Question Time a neighbour expressed serious concerns regarding the density of sewage generated by a seven bedroom tourist unit.

It was alleged that the applicants do not live a the address quoted on the application forms.

Concerns have been raised by members of the public regarding the geological stability of the land.

THIRD PARTY REPRESENTATIONS

Twenty-six letters of objection have been received in respect of this application as well as copies of letters and other correspondence forwarded from members. The matters raised are summarised below:

The barns were originally erected as permitted development for agricultural use but it appears more as a large dwelling in terms of design and use of materials. The building has not been used for agricultural purposes and this proposal would circumvent the planning authority. A seven bedroom dwelling would not have been originally approved in this location.

There was a previous refusal for a dwelling on this site in 1979.

Proposal would intrude into the AONB.

There is inadequate drainage.

Increased use resulting from seven bedroom accommodation could cause traffic congestion in the narrow lanes which have tight bends and are also used by walkers and horse riders.

A recent application for a fence for a neighbouring property was refused because of the impact on the AONB.

The design and appearance of the building including large windows, external decking and parking areas does not reflect the local vernacular and is considered inappropriate.

The need for an agricultural building in conjunction with the ongoing deer farm is questioned.

The size of the unit is questioned with the provision of seven bedrooms possibly accommodating up to sixteen people which would be unsuitable for a unit of holiday accommodation.

The removal of hedges together with the provision of car parking adjacent to the footpath would be inappropriate.

Noise, light pollution and smells from the sewerage system would be intrusive.

The building is visible from the heritage coast and an inspection should be made.

The land is very wet and there has been ground movement in the vicinity.

The alterations and change of use of the building would result in loss of privacy and intrusion into the amenities of nearby residential properties.

The proposal would create a precedent for similar structures to be constructed for conversion in the future.

The building is still not complete and if now redundant it should be removed completely and if not suitable for agricultural use the original design should be questioned.

Lighting would impact on the level of illumination in the area which is important for its dark skies.

The balcony increases the impact of the building and would be used as an outside room.

There would be no obvious benefit to the local economy from the conversion.

Increased noise would be intrusive in an area which is valuable for its conservation and wild life importance.

There is potential for future use of the building as a permanent dwelling.

A letter has been received from the Council for The Protection of Rural England objecting on the basis that the site is located within the AONB and Unitary Development Plan Policy C2 is applicable which indicates that there should be no permanent changes to the landscape or development that appears to be of a permanent nature. In addition, SINC C274 is immediately adjacent to the site and Unitary Development Plan Policy C11 would require attention and management of important wildlife features and habitats. This is a development outside any defined settlement and could therefore be contrary to Policy G1. The development seems to be mainly a substantial new build isolated in the countryside and outside development boundaries and would therefore appear to be contrary to Unitary Development Plan Policy H9.

The submitted details do not include a "Whole Farm Plan" and there is no indication of the relevance of the development to the farm operation. It is believed that the proposal is merely an attempt to build a large new independent residence in the countryside. Notwithstanding the previous comments, it would be essential to impose the usual tourist occupancy limits on any approved developments.

The local lanes are small, quiet and very rural and are inadequate to cope with additional traffic. The lack of adequate access would contravene Policy TR7. It is understood that when consent was given for the barn some years ago there was a condition applied that it should only be used as a barn. We believe that there is no substantive reason why this condition should be changed. If it is redundant its condition would indicate that demolition would be the more appropriate option. Many barns have been converted to residences and a new replacement barn required. This would be completely inappropriate in this very isolated and environmentally sensitive area of the AONB.

A letter has been received from Island Watch objecting to the application as the building gives the distinct impression of having been designed as a house from the start where no new house would have been permitted. Conversion to holiday accommodation would surely be a prelude to residential status. If the barn is redundant it should be demolished and the countryside restored to its former state.

EVALUATION

The main issues in respect of this application are considered to be whether the proposed alterations and change of use would comply with relevant government guidelines and local plan policies and whether the proposals would adversely impact on the character and appearance of the rural area which is a designated AONB.

This application relates to a relatively modern structure situated in an isolated rural location within the designated area of Outstanding Natural Beauty and outside any designated development envelope. The building was originally erected for agricultural purposes and following legal determination was deemed to be permitted development not requiring planning approval.

The building has been constructed using traditional forms and materials but differs in detail from traditional barns in terms of the size and number of openings, the overall height of the buildings and relatively shallow pitch of the roof. It was however originally constructed as an agricultural building and has been used in conjunction with the deer farm.

Information submitted with the application clearly indicates that whilst the building was originally required for agricultural purposes, changes in agricultural practice and in this individual business have resulted in the building becoming redundant for this purpose. Members will also be aware that government advice contained in PPS7 indicates that it is not normally necessary to consider if the building is no longer needed for the present purposes when considering applications for change of use.

Policy C17 of the Unitary Development Plan relates to the re-use of rural buildings and indicates that proposals for business, community or tourism purposes would normally be acceptable provided buildings are capable of conversion without substantial alteration or reconstruction and any proposed conversion respects the local character, building styles and materials and that the form, bulk and general design for the building are in keeping with its surroundings. This policy also indicates that any traffic generated should be safely accommodated by the site access and the local road system and that no significant external changes to the curtilage would be required which would significantly harm the amenity of the area. Whilst acknowledging the concerns raised regarding the history of the development on this site and the construction of this building, it is considered that the proposal now under consideration essentially complies with the criteria in Policy C17.

In addition, Policy C15 refers to appropriate agricultural diversification and indicates that appropriate diversification may be acceptable and should be evidenced by the provision of a whole farm plan to show that the proposed enterprise will be well integrated with the existing operation and would not cause unacceptable severance or disruption of the farm unit or be likely to threaten the viability of the holding. The applicant has submitted supporting information in this respect as well as a letter from the NFU.

Policy T9 relates to small scale rural tourism development and indicates that development ancillary to an existing farming operation may be acceptable in principle if they involve the conversion of suitable farm or rural buildings that are directly related to existing heritage and landscape qualities of the area and do not detrimentally affect areas of acknowledged importance. In this case, whilst concerns have been raised about the design and appearance of the building and the proposed alterations, the building is relatively well screened in the immediate locality although it is seen from more distant views. The building is of traditional form, substantially constructed and uses traditional materials and finishes. This is an established feature in this locality and the proposed change of use would not significantly alter its character or appearance or increase its visual impact. In this context members are advised that revised details have been submitted omitting the timber decking originally proposed and showing landscaping and parking areas which would be well integrated into the rural character of the area and would not be visually intrusive. I do not therefore consider that the proposed conversion in itself would have any greater impact on the character or appearance of the area than the existing building. Should Members be minded to approve the application it is suggested that conditions would be applicable to ensure that no further alterations, extensions or other structures are erected which would increases the visual impact in this locality and that external lighting is strictly controlled.

Concerns have also been expressed regarding the suitability of the access and the local road network to accommodate the proposed use. The existing building is accessed directly from Chale Lane and the agricultural use of this building could have resulted in a significant number of traffic movements and use by large vehicles as suggested by the applicants. The submitted details indicated that there would be no overall increase in the size of the building although the change of use would result in a different type of vehicular use, possibly including more traffic movements but with smaller vehicles. The Highway Engineer has requested visibility improvements which would result in some loss of the roadside hedge. This would be kept to the minimum necessary bearing in mind the nature of the access roads and limited vehicle speeds as outlined by the Highway Engineer. Nevertheless members will be aware that the loss of any of this hedgerow would be of concern in this sensitive location and the importance of the road side hedges to the character of the area. The possibility of a separate access via Gladices Lane has also been raised but this would also result in significant loss of the roadside hedge in Gladices Lane as well as requiring visibility improvements at the junction with Chale Lane. Overall it is not considered that there would be any benefit in this proposal providing the existing access to Chale Lane could be improved in accordance with the latest revised details which also show the planting of a replacement hedge behind the visibility line. It has been confirmed that the existing hedge does not qualify as important under the provisions of the Hedgerow Regulations and its replacement would therefore be acceptable.

Comment has been made that the proposals would adversely impact on the local Site of Importance for Nature Conservation. This is located some distance from the existing building and discussions with the Council's Ecology Officer have indicated that no significant adverse impact would be expected as a result of a change of use of this building.

Members are also advised that revised details have been submitted which have minimised any alterations to the exterior of the building including the removal of the timber decking which would be replaced by a simple raised platform constructed of stone and brick which would be less visually intrusive and similar to traditional loading platforms associated with rural buildings. Additional landscaping details and revised car parking arrangements have also been shown which would minimise any change to the overall rural character of the setting of the building. The applicant has confirmed that any external lighting would be kept to a minimum and be discreetly designed and located. I suggest that conditions would be appropriate to control these matters.

Whilst I appreciate and sympathise with concerns expressed locally about the complex planning history of this property, I do not believe that the proposal now under consideration would conflict with national or local policies which generally encourage farm diversification and re-use of rural buildings in order to diversify the rural economy. The applicants have submitted clear evidence that the building has been used for agricultural purposes and that changes in the farm business have resulted in the building becoming redundant. Essentially therefore this case is similar to many other agricultural businesses where traditional barns are no longer required or suitable for their original purpose and a suitable re-use would therefore be acceptable in accordance with the terms of Unitary Development Policy C17.

The supporting evidence indicates that whilst the holding is not strictly a working farm, the income from the holiday unit would be used to support the existing business. Notwithstanding the comments of the Policy Team Leader, members are advised that recent appeal decisions have clearly indicated that it is not considered acceptable to limit periods of occupancy of holiday accommodation.

It is considered important that should the application be approved that conditions would be appropriate to ensure that the building is retained for holiday use with the overall farm holding in order to provide additional income as required by the applicant. I consider it important that the building should not be sold off separately which would sever this from the overall holding contrary to the requirements of Policies C15 and C17. A legal agreement is also proposed to ensure that no additional buildings are constructed within the holding without the prior consent of the planning authority. This would protect the overall quality and characteristics of the designated AONB. I also suggest that conditions would be appropriate to control any landscaping and external lighting at the property and to ensure that the materials and details of the development are carried out to respect the character of the area.

CONCLUSION AND JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to the material considerations outlined in this report, whilst I note and understand the concerns raised in the representations, and appreciate the somewhat unusual history of this building, I am of the opinion that the principle of re-use of the building for holiday accommodation and alterations as shown on the revised details submitted with the application would conform with the relevant national and local policies and do not consider that the concerns raised would be sufficient to warrant refusal of the application.

RECOMMENDATION - APPROVAL (REVISED PLANS)

Subject to a legal agreement to ensure that no additional agricultural buildings are erected within the land shown to be within the applicants ownership on the approved plans. Also subject to provision of a standard barn conversion letter.

Conditions/Reasons:

1	Time limit - full - A10
2	The accommodation hereby approved shall be used solely for holiday accommodation and shall not be used as a main or permanent residence. Reason: To ensure that the development remains for holiday purposes and to comply with policies T1 (Tourism) and T3 (Holiday Accommodation) of the IW Unitary Development Plan.
3	The holiday accommodation hereby approved shall be retained in the same ownership as the remainder of the holding identified in the approved plans by the area edged blue, and shall not be sold off or disposed of separately without the prior written consent of the Local Planning Authority. Reason: To ensure that the unit is managed and supervised for the benefit of the farm holding in accordance with Policies C15 and C17 Unitary Development Plan Policies.
4	The development shall not be occupied until sight lines have been provided in accordance with the visibility splay shown (yellow) on the approved plan (Drawing No. 2004/1956/03). Nothing that may cause an obstruction to visibility shall at any time be placed or be permitted to remain within that visibility splay. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
5	Development shall not begin until details of the junction between the proposed service road including provision of separate pedestrian access to the public footpath and the highway have been approved in writing by the Local Planning Authority; and the building shall not be occupied until that junction has been constructed in accordance with the approved details. Reason: To ensure adequate access to the proposed development and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
6	No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include [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 including replacement hedge to the visibility splay fronting Chale Lane retained historic landscape features and proposals for restoration, where relevant]. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
7	Landscape implementation and maintenance - M12
8	In this condition "retained hedge or hedgerow" means an existing hedge or hedgerow which is to be retained in accordance with the approved plans and particulars. This includes the roadside hedges fronting Chale Lane and Gladices Lane. No retained hedge or hedgerow shall be cut down, uprooted or destroyed, nor shall any retained hedge or hedgerow be reduced in height other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. If within a period of 5 years from the completion of the development the whole or any part of any retained hedge or hedgerow is removed, uprooted, is destroyed or dies, another hedge or hedgerow shall be planted at the same place and that hedge or hedgerow shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority. The erection of fencing for the protection of any retained hedge or hedgerow shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any fenced area in accordance with this condition and the ground levels within those areas shall not be altered nor shall any excavation be made or fire be lit, without the written consent of the Local Planning Authority. Reason: To ensure the continuity of amenity afforded by existing hedges or hedgerows and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
9	The use hereby permitted shall not commence until details of any external lighting to be installed have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and no additional lighting shall be installed/erected without the prior written consent of the Local Planning Authority. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
10	Withdraw PD rights structures/fences etc - R01
11	Withdraw PD rights alterat/extens/etc - R02
12	Submission of samples/details - S03
13	The development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans which accompany the Decision Notice. 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.
14	No development approved by this permission shall be commenced until a scheme for the provision and implementation of foul drainage works has been approved by the Local Planning Authority. Thereafter development shall be carried out in accordance with the approved details and the drainage system completed prior to occupation of the building. Reason: To minimise the risk of pollution and to comply with policy P1 (Pollution and Development) of the IW Unitary Development Plan.

11.	TCP/26419/A P/00580/05 Parish/Name: Newport Registration Date: 22/03/2005 - Full Planning Permission Officer: Miss. S. Wilkinson Tel: (01983) 823566 Pair of semi-detached houses (revised scheme) land rear of 32, St. Johns Road, Newport, PO30

The application is recommended for conditional permission.

REASON FOR COMMITTEE CONSIDERATION

The Local Member, Councillor Mr Cunningham has submitted written comments, objecting to the proposal. Therefore, it has been necessary to report this matter to the Committee for determination.

1. Details of Application

1.1 Full planning permission is sought for a pair of semi-detached houses with two parking bays.

1.2 The dwelling will be accessed from the south of the site via the newly constructed entrance off St. Johns Road which serves the development recently constructed on the site of the former Building Centre.

1.3 The car parking area to the adjacent development is at a higher level to the application site, being level with the first floor of the proposed dwelling. Therefore from the car park, the building would have the appearance of a single storey structure.

1.4 Proposed dwellings would provide accommodation comprising 2 bedrooms and bathroom at ground floor level with entrance hall, kitchen, lounge and w.c. at first floor level.

2. Location and Site Characteristics

2.1 The site is located to the rear of number 32 St. Johns Road, which is situated close to junction with Drake Road, alongside the recently redeveloped site formerly occupied by the Building Centre. The application site is bounded on three sides by gardens to neighbouring properties and fronts onto the new flat development from which the site will be accessed and car parking provided. The area is residential in character with mixed styles of house, a new two storey development to the south, 1930's style properties to the east fronting St. Johns Road, with a 1960's chalet bungalow to the north.

3. Relevant History

3.1 TCP/26419 - An application seeking full planning permission for a pair of semi-detached houses was refused by Committee in December 2004, contrary to officer recommendation. Members considered that proposal represented over-development.

4. Development Plan Policy

4.1 Planning Policy Guidance Note 3: Housing

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

S1 - New Development will be Concentrated within Existing Urban Areas

S6 - Development will be Expected to be of a High Standard of Design

S7 - Provision of Housing Units on the Isle of Wight

G1 - Development Envelopes for Towns and Villages

G4 - General Locational Criteria

D1 - Standards of Design

D2 - Standards of Development within the Site

H4 - Unallocated Residential Development to be Restricted to Defined Settlements

H5 - Infill Development

TR7 - Highway Considerations for New Development

TR16 - Parking Policies and Guidelines

U11 - Infrastructure and Services Provision

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

5. Consultee and Third Party Comments

5.1 Internal Consultees

The Highway Engineer considers there to be no highway implications.

Environmental Health recommends conditions if approved addressing potential contamination of the site.

5.2 External Consultees

None received.

5.3 Town Council Comments

Not applicable.

5.4 Neighbours and Local Residents

Eight letters of objection were received from local residents objecting on grounds which can be summarised as follows:

Original reasons for refusal have not been overcome with no significant change from previous application.

Development out of character with the area.

Existing screening has been removed.

Adequacy of foul/surface water drainage.

Parking and traffic generation.

Overlooking.

Noise/disturbance.

Loss of natural green space.

Insufficient amenity space.

Access for emergency vehicles.

Increase crime and disorder.

Precedent.

Overdevelopment/cramped appearance.

Loss of light.

Does not comply with Supplementary Planning Guidance on Infill Development.

Loss of privacy.

Over dominance/over shadowing.

Development is not within the public interest.

One petition was received with four names and four addresses from occupants of Brickfield Court objecting on the grounds of loss of parking and additional traffic.

5.5 Others

A letter was received from the Local Member, Councillor Cunningham objecting on the grounds as follows:

Not in keeping with a long established balance of housing fronting this setting.

It is the wrong type of development for this otherwise well balanced architectural street scene failing to blend suitably enough and will prevent the enjoyment afforded by neighbouring occupants.

6. Evaluation

6.1 Determining factors in considering this application are:

Compliance with Unitary Development Plan Policies.

Assessment of proposal against Supplementary Planning Guidance.

Whether proposal represents overdevelopment or would have a detrimental impact on neighbouring properties.

Parking.

Impact of proposal on the character of the area.

6.2 The site is located within the development envelope for Newport and is therefore considered acceptable in principle as set out in policies G1 (Development Envelopes for Towns and Villages) and H4 (Unallocated Residential Development). The proposal has also been carefully designed in order to minimise any impact on neighbouring properties or the character of the area in compliance with policy D1 (Standards of Design) and D2 (Standards for Development Within the Site).

6.3 Concern has been expressed regarding the loss of natural green space and insufficient amenity space for the resultant dwellings, as they do not comply with the suggested criteria in the Supplementary Planning Guidance on Infill Development. The criteria in the Supplementary Planning Guidance provides recommended distances which should be achieved for development proposals, although these distances may be reduced, dependent on site conditions, the character of the area and the design of the proposed buildings. In this instance, the gardens are in my opinion a suitable size for a two bedroom dwelling in a town centre location. The natural green space that will be lost is not public and provides additional garden area to number 32 which would retain suitable amenity space if the development was to go ahead. It should also be noted that the only windows in the rear elevation at first floor level serve w.c's. Therefore, proposal will not result in unacceptable overlooking.

6.4 I consider that site is of adequate size and would not agree with views expressed that proposal represents overdevelopment. The building has been slightly reduced in size and repositioned on the plot in order to provide both properties with a slightly larger amenity space to the rear as well as moving the proposal away from the rear boundary of number 32 St. Johns Road. The design of the proposal has also been amended incorporating a break in the elevations and roofline improving the appearance of the development.

6.5 Information provided on the application form indicates that surface water would be disposed of to soakaways within the grounds of 32 St. Johns Road that foul drainage would be pumped to the existing system. The issue would be examined at Building Regulation stage. However, I would recommend that this issue is the subject of a condition, should Members be minded to approve the application, in relation to a capacity check to ensure the present system can accommodate the additional load.

6.6 The parking bays are provided via a shared access. A parking space has been provided for each dwelling which will not result in under provision for parking on the site or the neighbouring flatted development, thus complying with policy TR16 (Parking Policies and Guidelines). As the access to the adjacent development has already been constructed to an acceptable standard and the proposed dwelling would be accessed over this area, I am satisfied that issues such as access for emergency vehicles have been satisfactorily addressed.

6.7 Concern has been raised that the proposal is out of character with the prevailing pattern of development in the area. However, due to the development of the neighbouring Building Centre site the development would effectively have a road frontage and makes efficient use of a parcel of land within the town centre which was previously land locked. The application has been accompanied with plans for illustrative purposes outlining possible future development of the neighbouring land providing additional housing and demonstrating that a more comprehensive scheme is possible in accordance with PPG3: Housing and Supplementary Planning Guidance on residential layouts. The proposal would not prejudice or create an undesirable precedent but open up future opportunities for providing housing in line with Strategic Policy S7 (Provision of Housing Units on the Isle of Wight).

7 Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to all material considerations referred to in this report, I am satisfied that the proposal for the development of a pair of semi-detached dwellings would make efficient use of urban land within the development envelope of Newport without having excessive or unacceptable impact on the environment or neighbouring properties and would not detract from the visual amenities and character of the locality. In view of the above I am satisfied that the proposal does not conflict with the policies of the Isle of Wight Unitary Development Plan.

Conditions/Reasons:

1	Time limit - full - A10
2	No development shall take place until samples of the materials and finishes, including mortar colour to be used in the construction of the external surfaces of the development hereby approved have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
3	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected .The boundary treatment shall be completed before the buildings hereby permitted are occupied. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
4	All materials excavated as a result of general ground works including site leveling, installation of services or digging of foundations, shall not be disposed of within the site indicated in red on the submitted plans. The materials shall be removed from the site prior to the construction of the dwelling proceeding beyond damp course level or such other timescales as may be agreed with the Local Planning Authority. Reason: In the interests of the amenities of the area and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
5	The windows to be constructed in the first floor of the north elevation shall be non opening and obscure glazed in accordance with a specification to be agreed with the Local Planning Authority prior to work commencing on site and shall be retained as such thereafter. Reason: To protect the privacy of the neighbouring property and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
6	No dwelling hereby permitted shall be occupied until space has been laid out within the site and in accordance with the details that have been submitted to and approved by the Local Planning Authority in writing for cars to be parked at a ratio of one space per dwelling and for vehicles to turn so that they may enter and leave the site in a 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 for New Development) of the Isle of Wight Unitary Development Plan.
7	No development shall take place until a detailed scheme including calculations and a capacity study, have been submitted to and agreed in writing with the Local Planning Authority indicating the means of foul and surface water disposal. Any such agreed foul and surface water disposal system shall indicate connection points on the system that adequate capacity exists, including any reasonable repairs which may be required, or shall provide for attenuation measures to ensure any additional flows do not cause flooding or overload the existing system. No dwelling shall be occupied until such system has been completed in accordance with the approved details. Reason: To ensure an adequate system of foul water drainage is provided for the development in compliance with Policy U11 (Infrastructure and Services Provision) of the Isle of Wight Unitary Development Plan.
8	Withdraw PD rights structures/fences etc - R01
9	Withdraw PD rights alterat/extens/etc - R02
10	Withdrawn PD right for windows/dormers - R03

12.

TCPL/17609/C P/00802/05 Parish/Name: Sandown Registration Date: 22/04/2005 - Full Planning Permission Officer: Mr. D. Booth Tel: (01983) 823856 Alterations & change of use of old fire stations appliance bay to form an educational workshop facility (application to be determined by the Council's Development Control Committee) Sandown Youth & Community Centre, Town Hall, Grafton Lane, Sandown, PO368JA

The application is recommended for Approval

REASON FOR COMMITTEE CONSIDERATION

This application, in accordance with procedures, is made by the Council in respect of a building which is in its own ownership.

1. Details of Application

1.1 This is an application for full planning permission, the application also relates to a Grade II Listed Building and a separate application for Listed Building Consent in respect of the alterations will be considered in due course.

1.2 The proposal comprises some minor internal alterations and change of use of the former Fire Station Appliance Bay, which is part of the old Sandown Town Hall to be used for workshop facilities to educate school children in practical applications, primarily woodwork and decorating. This will be delivered under the Workshop Initiative Supporting Education (WISE) banner.

1.3 A mission statement has been provided as part of the application details which indicates the following aims:

To assist pupils to achieve success through supervised practical activities that have a tangible outcome that the child can own.

To encourage better attendance at school by building on the pupil’s self-esteem and integrating attendances at “WISE” with attendance at school

To encourage appropriate behaviour through clear boundaries, expectations and appropriate role modeling from the instructors.

To provide a supportive small group setting where children can explore practical tasks and are given individual attention to achieve something they, their family, school and friends can see as special.

2. Location and Site Characteristics

2.1 The application relates to the southern element of the building known as Sandown Town Hall which fronts onto Grafton Street and has rear access to Grafton Lane. The area is predominantly residential although there are a number of mixed use properties and small businesses in the area. The main building is used for Council Offices and has a Youth and Community Centre.

3. Relevant History

3.1 There is no recent relevant planning history in respect of this property which is considered to be relevant to the current proposal.

4. Development Plan Policy

4.1 PPG15 contains national guidance on planning and the historic environment and paragraphs 3.8 to 3.15 refer to use and alterations of listed buildings.

4.2 The following policies of the Unitary Development Plan are applicable:

B3 - Change of Use of Listed Buildings

B1 - Listed Buildings

D1 – Design

G4 – General Locational Criteria

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

U2 – Ensuring Adequate Education, Social and Community Facilities for the Future Population

5. Consultee and Third Party Comments

5.1 Internal Consultees

This report has been written by a member of the Conservation and Design Team

Highway Engineer recommends condition relating to parking for two cars and two bicycles should application be approved.

A copy of the application has been sent to the Environmental Health Officer but no comments have been received at the time of preparing this report.

5.2 External Consultees

None relevant

5.3 Town Council Comments

None received at the time of preparing this report

5.4 Neighbours

None received at the time of preparing this report

6. Evaluation

6.1 The main issues relating to this application are:

The suitability of the proposed use in respect of the effect on the amenities of occupiers of nearby properties.

The effects of the alterations on the character and historic integrity of the Grade II Listed Building

Provision of parking in accordance with Highway Officers recommendations.

6.2 The proposals would not involve any external alterations to the building although some minor internal alterations would be required to provide suitable access and facilities. The proposal would also involve the installation of some machinery including a band-saw, sander and drill.

6.3 The alterations to the listed building are relatively minor in nature and do not involve any significant change to features of architectural or historic merit. A separate application for Listed Building Consent for these alterations is being considered.

6.4 The building is located in a predominately residential area with dwellings in relatively close proximity. However, the proposals however only involve internal works and would replace the former use as a Fire Station Appliance Bay with the remainder of the building having community use. The workshop would be for limited numbers and would be well supervised and I do not therefore consider there would be any significant adverse effect on the amenities of local residents, subject to appropriate conditions.

There is an existing concrete forecourt which would be acceptable for parking and cycle provision in accordance with the Highway Engineer’s requirement.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to the matters outlined in this report, I am of the opinion that the proposal would represent a suitable use for part of this listed building and would provide much needed facilities in a well supervised environment. The location close to the town centre is considered appropriate and some limited on-site parking would be available to serve the accommodation.

8. Recommendation - Approval

A covering letter is to be sent with the Decision Notice indicating that no alterations should be carried out to the Listed Building until such time as Listed Building Consent has been granted for the works.

Conditions/Reasons:

1	Time limit - full - A10
2	No industrial process as defined in the Town and Country Planning (Use Classes) Order 1987 (or any Order revoking and re-enacting that Order with or without modification) shall be carried on at the premises outside the building(s) hereby approved. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	No plant or machinery associated with the use hereby approved shall be operated at the premises outside the following times: 0700 to 1800 Mondays to Fridays 0800 to 1300 Saturdays not at all on Sundays, Bank or Public Holidays Reason: To minimise the disturbance to neighbouring residential properties and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
4	The use hereby permitted shall not commence until space has been laid out within the site and in accordance with details that have been submitted to and approved by the Local Planning Authority in writing] for 2 cars and 2 bicycles to be parked. 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.

13.	TCP/11878/E P/00854/05 Parish/Name: Shanklin Registration Date: 03/05/2005 - Full Planning Permission Officer: Mr. D. Long Tel: (01983) 823854 Continued use of dwelling as private school; vehicular access and parking Alverstone House, 32, Luccombe Road, Shanklin, PO376RR

The application is recommended for refusal.

REASON FOR COMMITTEE CONSIDERATION

This is a contentious application on a site with a background of public concern.

1. Details of Application

1.1 This is a full application.

1.2 The proposal is for the continued use of a former dwelling to a private school, including a new vehicular access and parking facility.

2. Location and Site Characteristics

2.1 Alverstone Manor is located along the course of Luccombe Road, Shanklin. It is located outside the designated development boundary, being deemed to be countryside, with no specific land allocation as defined within the Isle of Wight Unitary Development Plan.

2.2 The area has no uniform pattern, being typified by a variety of neighbouring land uses, including a hotel, large flatted units, small bungalows and large detached properties. These properties are deemed to be in a transitional zone whereby the built form becomes less dense from that of the development boundary, slowly becoming more sporadic as Luccombe Road enters the designated Area of Outstanding Natural Beauty and Luccombe village.

2.3 Properties are set back off the road frontages at varying degrees, with the majority being screened via dense vegetation or substantial natural stone walls. Luccombe Road runs uphill in a southerly direction from Shanklin Old Village at approximately 1 in 8, and does not follow a straight linear form.

2.4 Alverstone Manor is a substantial three storey detached property which sits within a large curtilage. Due to the natural topography and gradient of the land, the premises sits at a lower elevation than Luccombe Road and has an appearance of a two storey building from the front elevation. The rear of the site steps to a lower plateau, enabling the lower ground floor to be accommodated at this level.

2.5 The northern boundary of the site has an extensive vegetative boundary of mixed species of bushes and trees. Number 30 Luccombe Road is located at a lower gradient and is screened well. The northern boundary of the site is both made up of a natural earth bank and established vegetation, again screening the house well from the neighbouring property, Dolphin House. The rear boundary of the site is relatively open facing towards the cliff beach frontage. The front boundary as depicted earlier is higher than that of the premises, being made up of an extensive earth bund, being lined with protected trees of a substantial nature. By way of reference the majority of these trees were protected through a Tree Preservation Order in 1949. The access to the site is located in the north west corner of Luccombe Road being approximately 4 metres in width with a graveled finish.

3. Relevant History

3.1 TCP/11878/D Continued use from dwelling to private school; vehicular access and parking. Application refused, 18 April 2005 for the following reasons;

The development is likely to generate a significant increase in vehicular traffic entering and leaving the public highway to the detriment of highway safety adding unduly to the hazards of highway users.

The development is likely to attract standing vehicles on the highway which will interrupt the free flow of traffic and thereby add the hazards of road users.

The formation and use of an additional access to the adjoining highway at this point would add unduly to the hazards of highway users by virtue of generated activity detrimental to the free flow of both vehicular and pedestrian traffic.

The access is unsatisfactory to serve the development by reason of unacceptable visibility.

The application is not accompanied by a school travel plan and therefore the Local Planning Authority is unable to accurately access issues relating to sustainability and in the absence of further details it is considered that the proposal is likely to increase car usage.

The proposal seeks to remove trees which are a significant feature in the local landscape, worthy of retention, which appear to be in sound and healthy condition and therefore their proposed felling would result in undue loss and detriment to the visual amenities of the locality. The application was not accompanied by a sufficient tree survey to establish whether the protected trees were worthy of protection.

3.2 This refusal is not currently subject to an appeal.

4. Development Plan Policy

4.1 Planning Policy Guidance Note 13 (Transport) encourages the use of sustainable transport modes, reducing reliance on the motor vehicle.

4.2 Unitary Development Plan policies to be considered within the application are as follows:

S4 – Countryside Protected from Inappropriate Development

S6 – High Standards of Design

G4 – General Locational Criteria

G10 – Potential Conflict Between Proposed Development and Existing Surrounding Uses

D1 – Standards of Design

C1 – Protection of Landscape Character

C12 – Development Affecting Trees and Woodland

P1 – Pollution and Development

P5 – Reducing the Impacts of Noise

TR3 - Locating Development to minimise the need to travel.

TR7 – Highway Considerations for New Development

TR16 – Parking Policies and Guidelines

4.3 There is no Supplementary Planning Guidance Note relevant to the determination of this application.

5. Consultee and Third Party Comments

5.1 Internal Consultees

Highways recommend refusal upon the application for the following reasons;

1. The proposed development would generate a significant increase in vehicular traffic entering and leaving the public highway.

2. The formation and use of an additional access to the adjoining highway at this point would add unduly to the hazards of highway users by virtue of generated activity detrimental to the free flow of both vehicular and pedestrian traffic.

3. The access is unsatisfactory to serve the proposed development by reason of unacceptable visibility.

School Travel Plan Advisor (Highways) advises in light of inadequate detail in the information submitted with the School Travel Plan, it does not constitute a full travel plan and therefore recommends refusal.

Consumer Services (Environmental Health) indicates that the noise levels although disturbing and will undoubtedly cause a loss of amenity to the area, would not constitute a statutory nuisance by virtue of the short duration of each break and limited number of days the disturbance could happen, and is expected from this type of land use.

The Countryside Manager recommends refusal upon the application as the ingress would lead to a loss of protected trees to the detriment of the character and visual amenities and would create an adverse impact to nearby protected trees by reason of excavated works.

5.2 External Consultees

NATS raises no objection.

5.3 Town and Parish Council Comments

Shanklin Town Council raise no comment.

Third Parties

The application has attracted 15 letters of objection, and two petitions with 23 signatures which can be summarised as follows:

Children walk straight into Luccombe Road causing a danger to highway users.

The School Travel Plan is unenforceable and will not practically work due to:

1. Local bus services are insufficient.

2. Pedestrian routes are not safe, especially in winter due to dark pedestrian routes through to Vernon Meadow car park.

3. No baseline data has been collated, and therefore cannot be monitored.

4. Winter weather will cease the implementation of the travel plan, with increased car usage.

The additional access will cause danger to residents, pedestrians and vehicular users.

Cumulative development including 'The Reach', 'The Priory' and 'The Bungalow Hotel' will lead to additional traffic and standing vehicles within the highway.

Poor highway visibility to the detriment of highway safety.

Additional pressure on the junction of Lower Luccombe Road and Priory Road due to it being a drop off point for school children.

The pedestrian route from Vernon Meadow car park is uphill. Children unlikely to maintain and uphold their daily walks to school.

Loss of protected trees would be to the detriment of the visual amenities of the locality.

Excessive noise disturbance, especially within play times.

School is too close to the cliff, causing possible danger to school children.

Driveway obstructions to domestic dwellings.

The application has attracted a petition of 847 signatures, and 28 letters of support to date, and can be summarised as follows;

School is set in tranquil and pleasant location, being ideal for a school.

The organisation of walking, buses and fund raising for the mini bus has significantly reduced vehicles within the highway.

Luccombe road is a public highway and not private.

Traffic generation is limited to a small school of 100 children which is closed for 5 months of the year.

The staggered pick up times for school children has reduced traffic numbers, retaining a quiet highway that is not deemed to be dangerous.

Current traffic levels exacerbated by construction traffic along course of Luccombe Road.

Education is prime to the long term prosperity of the Isle of Wight.

No parking restrictions along Luccombe Road. Parents can park on road with adequate room for access,

No noise generation in school holidays. Within school time, periods of noise generation is limited to specific times of the day.

Land uses not purely residential, with a range of land uses within localised area.

Most schools have traffic and noise problems.

6. Evaluation

6.1 The main issues relating to this application are;

The principle of the change of use from a dwelling to a private school.

Highway considerations regarding access, visibility, generation of traffic onto public highway and School Travel Plan.

The removal of protected trees in the formation of the new access.

The impacts of noise.

Third party representations.

6.2 In respect of the earlier application, reference TCP/11878/D a sequential approach was taken to find an appropriate premises. As noted within the agents report submitted with that application, numerous sites were identified with their reasons for dismissal. Although the Local Planning Authority do not encourage the loss of a dwelling in or outside the development boundaries the material considerations identified within that report have been accepted by the Local Planning Authority, therefore enabling the principle of change of use from a dwelling to a private school.

6.3 The Highways Engineer, as within the previous application, recommends refusal of the application. A traffic speed survey submitted by the applicant, which has been accepted by the Highways Authority indicates that the 85% tile speeds present along Luccombe Road is 29 mph. This requires visibility splays of X = 2.4 m by Y = 62 m. The northern access, as agreed with the agent is to be used for the egress, but fails on both visibility splays, by 8 metres to the north and 7 metres to the south. The proposed ingress obtains 60 metres in a northerly direction, failing by 2 metres, with the southern visibility splay only achieving 38 metres with a substantial shortfall of 24 metres. The Highway Engineer comments that the formation and use of an additional access to the adjoining highway as shown on the attached plans would add unduly to the hazards of highway users by virtue of generated activity at this point, combined with inadequate visibility would detrimentally effect both vehicular and pedestrian traffic being contrary to Policy TR7 (Highway Considerations for New Development).

6.4 Luccombe Road is generally quiet serving sporadic development, consisting of a hotel, independent houses and flatted accommodation, eventually terminating in Luccombe Village. It is accepted that such developments as 'The Reach', 'Bungalow Hotel' and 'The Priory' will increase traffic movements along Luccombe Road. These developments are still under construction, and so the pressures on the highway are not fully known, but accepted by the Highways Authority through each formal determination. The Highways Authority consider by virtue of the number of school children and related traffic activities that the proposal would generate a significant increase in vehicular traffic entering and leaving the public highway to the detriment of the free flow and safety of vehicular and pedestrian users.

6.5 In respect of the School Travel Plan submitted with the application the Council's School Travel Plan Advisor, suggests that "The document reflects a keen aspiration to promote sustainable travel within the school, but then acknowledges that it is incomplete and in its current state does not represent a full School Travel Plan. It is noted however that the school is in its relative infancy and therefore core data cannot be collated in a comprehensive way. In order to achieve full School Travel Plan status the following would be necessary;

Pupil Data indicating specific modal information required on how pupils currently travel, and would like to travel indicating the modal shift, which would set appropriate targets and a basis for monitoring.

Consultation The School Travel Plan has no evidence of any consultation programme being undertaken with pupils, parents, staff, and other local businesses/residents.

Targets Written indication that the objectives are laudable but too broad, and without specific baseline data are not measurable targets.

Monitoring Without targets, it is not possible to monitor the plan."

6.6 Members should note however that on three separate site visits the School Travel Plan was in operation with a significant number of pupils walking to school, even when it was raining. Albeit a reduced level, a number of parents still persisted to drop their children off either by parking along Luccombe Road making use of third party driveways or using the school's entrance, and either turning within the site or reversing out onto the pubic highway, contrary to the applicant's request to them. This evidence might suggest that any agreed Travel Plan is unenforceable.

6.7 It is also noted that the staggered drop off and pick up times of pupils has reduced the amount of vehicles using Luccombe Road at any one point, and therefore filters traffic at a slower rate, albeit not being ideal. The School Travel Plan Advisor suggests that a condition could be applied, for the submission of a Travel Plan within 3 months of a potential approval. The Local Planning Authority are of the opinion that these details should be considered upfront, detailing all the issues and constituents that create a full School Travel Plan, in order to reduce traffic volumes along Luccombe Road now. Without considering these details upfront, the Council will not know fully and to what extent a full Travel Plan is working in reality. Furthermore, any decision taken to require such a Travel Plan as a condition will not provide any certainty with regards impacts.

6.8 The Countryside Manager indicates that the trees provide good visual amenity and character to the area and create and define the ambience of the surroundings. The removal of the three trees will break the tree frontage into two groups depleting their amenity value. A Tree Preservation Order is judged on the basis of public amenity value, with these trees being highly visible from the public domain. The excavation works, undertaken through the construction of the ingress as noted by the Tree Officer will affect the root structure of trees 13 and 17 (Beech trees), which are proposed to be retained, and quotes to say "The excavation and level changes to the soil would be within the tree zone of both of these trees, this being an area 8 metres measured radially from the truck, which goes against the guidance offered in BS 5837 (Trees in Relation to Construction)".

6.9 As quoted from the Environmental Protection Officer "The noise levels although disturbing would not constitute a statutory nuisance by virtue of the short duration of each break and limited number of days the disturbance could happen" but "the noise from the children is expected from this type of operation and will undoubtedly cause a loss of amenity to this area." Noise will be arrival, departure and break/lunch time.

6.10 The school operates Monday to Friday and has three break times in which pupils have access to outside areas. All pupils have access from 1040 to 1100 hours, 1255 to 1325 hours and 1445 to 1500 hours each day with a cumulative total of 1.05 hours. The school also runs games period for different age groups in both morning and afternoon, but obviously this is at reduced levels and not everyday. In review of all the information collated regarding the noise and a separate site visit to assess this impact, I am of the opinion that due to the limited time of break periods and games, although a material consideration, is not sufficient in itself to recommend refusal on this issue.

6.11 It has been suggested by a number of residents that the pedestrian walkway from Vernon Meadow car park is uphill, and is unlikely to sustain long term daily walks by children, especially as this route is not safe within winter months, as it creates a dark and potentially dangerous route. It is the school's responsibility to safeguard their pupils, provision for which should be included within the Travel Plan, and therefore adds little weight to the determination of this application. It is also suggested that the school is too close to the cliff, causing possible dangers to school children if playing by this edge. Again it is the school's responsibility to safeguard their protection, especially within their own curtilage.

6.12 The proposal has attracted support and although it has been cited that the school does cater for well mannered educated children and it is important for the long term prosperity and education of the Isle of Wight none of this constitutes a valid planning consideration. The Council does see education as an important factor on the Isle of Wight, but this should be in correctly sited sustainable locations with no detrimental impact to the amenities of the area. This is contrary to consultee responses who suggest that this school is placed in an inappropriate location.

7. Conclusion and Justification for Recommendation

7.1 Although the principle of change of use is accepted, this is subject to consultee responses and their professional judgement on how the operations will affect the amenities of the area.

7.2 The Local Planning Authority are of the opinion that highway considerations are of extreme importance within this determination as substandard highway arrangements can have detrimental consequences for all highway users (pedestrian and car borne). Ingress and egress arrangements both fail on visibility requirements and therefore the Highway Engineers recommendation for refusal is understandable and justifiable. Although mentioned that a number of school children and parents have complied with the School Travel Plan, enabling walking programmes, some parents still have disregarded the recommendations and still pursue to drive up Luccombe Road, turn in a dangerous manner in and out of driveways and increase the generation of traffic entering and leaving the public highway. The Authority does accept however that the School Travel Plan is in relative infancy but this does not outweigh the issues raised above. It is considered that by reason of an insufficient School Travel Plan the proposal does not overcome the significant highway issues identified.

7.3 The Countryside Manager suggests that the ingress will have a detrimental impact to the visual amenities and character of the area and therefore the Local Planning Authority consider this issue to represent a serious planning objection.

7.4 In light of all the material considerations considered within this report Alverstone House, Luccombe Road, Shanklin is not suitable to be used as a school and therefore the proposal cannot be supported.

8. Recommendation

This application is recommended for refusal.

Should Members be minded to refuse the application the Local Planning Authority suggest that an Enforcement Notice is issued requiring the property to revert back to an independent dwelling and that the date for compliance should be no later that 31 July 2005 (at the end of the current school term) enabling the operator to find a more appropriate location.

Conditions/Reasons:

1	The proposed development would generate a significant increase in vehicular traffic entering and leaving the public highway to the detriment of highway safety and would add unduly to the hazards of highway users and would therefore be contrary to Policy TR7 (Highway Considerations for New Development) of the Isle of Wight Unitary Development Plan.
2	New Access - Z11C
3	The access is unsatisfactory to serve the proposed development by reason of unacceptable visibility and would therefore be contrary to Policy TR7 (Highway Considerations for New Development) of the Isle of Wight Unitary Development Plan.
4	The proposal seeks to remove trees subject of a Tree Preservation Order which are a significant feature in the local landscape, worthy of retention, which appear to be in a sound and healthy condition and therefore their proposed felling would result in undue loss and detriment to the visual amenities of the locality and would therefore be contrary to Policy S10 (If It Will Conserve or Enhance The Features of Special Character of These Areas) and Policy C12 (Development Affecting Trees and Woodland) of the Isle of Wight Unitary Development Plan.
5	The proposed excavation works and the formation of the ingress is likely to result in significance physical damage to preserved trees important in the local landscape thereby adversely affecting its health, appearance and longevity and would therefore by contrary to Policy S6 (To Be of a High Standard of Design) and Policy C12 (Development Affecting Trees and Woodland) of the Isle of Wight Unitary Development Plan.
6	The information accompanying this application is inadequate and deficient in detail in respect of a full School Travel Plan so that the Local Planning Authority is unable to consider fully the effects of the proposal on the locality particularly with respect to reducing vehicular movements along Luccombe Road and the promotion of green travel, and in the absence of further details it is considered that the proposal is contrary to Policy TR7 (Highway Considerations for New Development) and TR3 (Locating Development to Minimise the Need to Travel) of the Isle of Wight Unitary Development Plan.

14.

TCP/16952/C P/00612/05 Parish/Name: Ryde Registration Date: 04/04/2005 - Full Planning Permission Officer: Miss. L. Scovell Tel: (01983) 823552 Alterations to restore semi-detached house split into flats back into a single dwelling with room to accommodate elderly relative, (revised scheme) 30 John Street, Ryde, Isle Of Wight, PO332PZ

This application is recommended for Refusal

REASON FOR COMMITTEE CONSIDERATION

The Local Member, Councillor Mr A A Taylor has requested that this application is reported to Committee as the property was originally a single dwelling and the applicant should be able to put his case forward to the Committee. The applicant also has local support for the application.

1. Details of Application

The revised application seeks consent for alterations to restore semi-detached house split into flats back into a single dwelling with room to accommodate elderly relative. There will be no external alterations. Lower ground floor is shown as accommodation for elderly relative accessible via either an external staircase or a new internal one.

2. Location and Site Characteristics

Application relates to a semi-detached property situated in John Street in the development envelope of Ryde. There is an existing vehicular access to the right of the property which leads to a large rear garden.

3. Relevant History

The property was originally a single dwelling and was converted into two flats under TCP/16952/A in 1986. The current application shows three residential flats and no history can be found as to the conversion to three flats so it is unclear as to how long this property has been split into three residential units but the applicant acknowledges that it has been so subdivided. This application follows a previous refusal to turn three flats into a single dwelling under TCP/16952/B in February 2005. Proposal was considered contrary to Policy H8 (Loss of Dwellings) and is currently subject to appeal.

4. Development Plan Policy

Site is located within the development envelope of Ryde and is also in a Conservation Area. Relevant Unitary Development Plan policies are as follows:

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

D1 – Standards of Design

D2 – Standards for Development Within the Site

G4 – General Locational Criteria for Development

H8 – Loss of Dwellings

TR7 – Highway Considerations for New Development

CONSULTEE RESPONSES

Highway Engineer confirms there are no highway implications.

PARISH/TOWN COUNCIL COMMENTS

Not applicable.

THIRD PARTY REPRESENTATIONS

The application has attracted three letters of support from local residents. Points raised are summarised as follows:

Proposal will provide a house which is perfect for large family units including their grandparents.

Proposal is within the heart of the town centre and within easy reach of schools.

Ryde has more than enough affordable accommodation for young and single.

5. Evaluation

The determining factor is policy consideration as to the loss of the existing residential units. Policy H8 is strict in terms of the loss of a dwelling which will be resisted unless replacement housing is provided elsewhere. The application as submitted does not provide for replacement housing therefore is contrary to this policy as the result would be the unacceptable loss of residential units.

There is little difference between recently refused scheme and current proposal, only difference being the installation of a lounge and kitchen and lower ground floor level in place of the former playroom and garden room as shown on the application at appeal and which it is indicated will be used by elderly relative.

Members are advised that there was no mention of the elderly relative accommodation need in either the original application or on the appeal documents. Whilst this is not a valid planning matter, the layout of the building and the site does not lend itself readily to elderly relative accommodation. Furthermore the Local Planning Authority would have no control over whether it is used in this way or not.

No supporting details have been supplied with application and in any event personal circumstances are only in exceptional circumstances considered to be material to the consideration of planning applications. The proposal is clearly contrary to Policy H8 as it would result in the loss of existing dwelling stock especially the existing units which would appear suitable and affordable in this edge of town centre location. No replacement housing being provided elsewhere.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations the proposed development is unacceptable and contrary to policies of the Isle of Wight Unitary Development Plan.

RECOMMENDATION - REFUSAL

Conditions/Reasons:

1	The proposed conversion would result in the unacceptable loss of affordable residential units and is therefore contrary to Policy H8 (Loss of Dwellings) of the Isle of Wight Unitary Development Plan.

15.

TCP/21488/G P/00636/05 Parish/Name: Sandown Registration Date: 31/03/2005 - Full Planning Permission Officer: Mr. D. Long Tel: (01983) 823854 Erection of single/2 storey building to form G.P.'s surgery, pharmacy and primary care trust office base, with associated parking (revised scheme) (application will be determined by the Council's Development Control Committee) (readvertised application) land adjacent The Heights Leisure Centre, Broadway, Sandown, PO36

The application is recommended for conditional permission.

REASON FOR COMMITTEE CONSIDERATION

This is a major application which departs from the allocated land use as defined by the Isle of Wight Unitary Development Plan and is Council owned land.

1. Details of Application

1.1 This is full application.

1.2 The proposal comprises of a two storey pitched roof building covering 806 square metres of land. The building will have a gross internal floor space of 1369 square metres covering the two floors, accommodating a GP surgery, pharmacy and primary care trust office base. The buildings’ footprint is ‘L shaped’ in form, with the main elevations facing Lake Hill and the tree lined boundary to the western part of the site, facing The Mall. This is a revision of the scheme originally submitted for planning purposes.

1.3 The proposal provides 30 on site parking spaces, accessed via the existing Heights complex at the junction of Lake Hill and Beachfield Road. Overspill parking is available in the public car park adjacent the Heights.

1.4 The medical centre will cater for a relocation of the existing Melville Street practice which under current NHS guidelines is extensively insufficient to meet the demands of modern day practice. The proposal aims to both improve and intensify medical practice within Sandown and its wider catchment, providing a consolidated land use due to the connection of a surgery and pharmacy on site.

2. Location and Site Characteristics

2.1 The site, located in Sandown is part of a wider mix use complex offering leisure facilities within the “Heights”, and Council offices. The topography of the site is multi directional, with the Heights, Council offices and the proposal being on a raised plateau, compared to that of The Broadway and Lake Hill.

2.2 The raised plateau which is graded and landscaped back into the site and is bounded via a small retaining wall, increases in height as the road heads in a westerly direction down Lake Hill, leaving the plateau at approximately the same level throughout.

2.3 The site facing the road frontage is relatively open being divided by the retaining wall, giving an open space enabling sight lines to penetrate through. The land is split by both soft landscaping and allocated staff parking for Heights employees. The western boundary is lined with established white poplars of varying heights, forming an extensive buffer between the site and dwellings located along The Mall. The rear of the site is bounded by the western elevation of the Heights, which is a single storey flat roof building. It is partly excavated into the earth but has the appearance of being large, both in scale and mass, in order to accommodate for the leisure facilities. The two storey southern gabled elevation of the Council offices face into the site, and by reason of the natural topography of the land is at a higher elevation. A 15m telecommunications mast and associated compound is located south west of the Council offices and adjoins the western boundary of the site.

2.4 The predominant land use within the area are residential dwellings, either being detached, terraced or flatted accommodation. Although the residential land use intensifies as you progress towards Lake, by reason of the present open nature of the site and the adjacent playground the built form remains reasonably sporadic.

2.5 The nearest residential units accessed off The Mall (running parallel with Lake Hill) are on the same raised plateau. The nearest residential unit, No.3 is approximately 14 metres from the site divided via the western tree boundary and a 4 metre roadway leading to number 1 The Mall, which is located 25 metres to the North.

3. Relevant History

3.1 There is no relevant planning history relevant to the determination of this application.

3.2 Members should note that the proposal was reported by Properties Services to the Executive on 26 January 2005, and with the support of the port folio holder and Council members was recommended for approval. The report purported to establish the principle use of the land, with the developer treated as a special purchaser and would be subject to planning approval and secured funding by health partners.

4. Development Plan Policy

4.1 There is no national policy guidance relevant to the determination of this application.

4.2 The relevant Unitary Development Plan policies to be considered within this application are;

S1 – New Development will be Concentrated within Existing Urban Areas

S3 – New Large Scale Developments to be Located in or Adjacent to Development Envelope of Main Island Towns

S5 – Development Being for the Overall Benefit of the Island Enhancing Economic, Social or Environmental Position

S6 – High Standards of Design

G1 - Development Envelopes

G4 – General Locational Criteria

G10 – Existing Surrounding Uses

D1 – Standards of Design

D2 – Standards of Development Within the Site

D3 – Landscaping

D12 – Access for People with Disabilities to Buildings Open to Public

TR4 – Transport Statement Requirement for Major Developments

TR7 – Highway Considerations for New Development

TR16 – Parking Policies and Guidelines

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

U3 – Appropriate Location for Education, Community, Social, Health and Welfare Facilities and the Promotion of Sharing and Dual Use

4.3 There is no Supplementary Planning Guidance relevant to the determination of this application.

5. Consultee and Third Party Comments

5.1 Internal Consultees

Planning Policy comment that “There is a clear synergy between the sport, exercise and recreation promoted at the Heights and the proposed medical centre, and reflects key issues of healthy living in the community strategy and priorities in the corporate plan. In this respect the use is complementary to existing uses” and offer no objections.

The Highways authority recommends approval subject to conditions.

The Countryside department raises no objection, as the white poplars located on the western boundary are not worthy of protection. It was however noted the initial plans would have an impact on these trees, as the west elevation was in close proximity to the crown spread and root structure of these trees.

The Environmental Health department recommend approval subject to conditions.

5.2 External Consultees

There were no relevant external consultees to be considered within the determination of this application.

5.3 Town Council Comments

Sandown Town Council raises no objection. They are also concerned over the Local Planning Authority's decision to question the initial plan's bulk, prominence and visual massing in relation to the localised area. Delays within the determination will hinder regional funding and could lead to the loss of this development.

5.4 Neighbours

The application has attracted two letters of objection raising issues in respect of:

The medical centre will be located further out of town.

Patients were not consulted in respect of the choice of a new site, and in particular travel and access arrangements for young mothers, babies, infants or elderly residents.

The South Wight Housing building on the corner of East Yar Road should be used instead of this site.

The application has attracted six letters of support and can be summarised as follows:

Will bring much needed medical practice to the area.

Existing medical facilities are inadequate.

Existing premises does not comply with DDA regulations.

Central location, served by good transport links.

6. Evaluation

6.1 The main issues relating to this application are;

The principle use of the land

The scale, mass and design of the building

The Highways authority and Countryside departments comments

6.2 The principle of the use of the land in planning terms has been commented on by Planning Policy. Nevertheless it is worth advising that in so doing they do not consider alternative sites either in the broader Sandown area or with the locality known as "greater Heights".

6.3 It is considered that whilst there may not be any suitable alternative location remote from the Heights the original scheme as submitted by Property Services to the Executive and by the applicant within the original submission was so deficient as to have been likely to be recommended for refusal due to the building's height, prominences, overbearing impact etc. However, since then a revised scheme has been promoted which materially reduces the overall impact. Nevertheless, it might legitimately be asked why it is necessary to include, under the same roof a pharmacy (even though good practice would dictate that one be located in reasonable proximity to avoid double journeys) let alone health service offices (albeit their current ones are considered inadequate)

6.4 That said, if Members are persuaded that the selected site is acceptable and the totality of the scheme is acceptable there are no overriding planning policy issues that can be involved to reject the scheme. Barring the above, the main consideration within this report is to the scale, mass and design of the building and its relationship with surrounding land uses.

6.5 Although there is no specific land use designation as defined within the Isle of Wight Unitary Development Plan it clearly falls within the Sandown Leisure Centre site. Policy T7 (Sites Suitable for Tourist Related Development) Section B indicates that planning proposals for tourism use will be acceptable in principle at Battery Gardens, Sandown Bay Leisure Centre, Old Reservoir and Los Altos Park. The land, although within this broad land allocation and would gain support of expansion subject to design, scale and mass, is considered not contrary to policy as there is a synergy and correlation between health and leisure and so the principle use of land is accepted in this instance.

6.6 Additionally, the Local Planning Authority are of the opinion that due to the material considerations within the report submitted by the agent the current Melville Street practice is insufficient for modern day practice, and fails current criteria set by the NHS Trust.

Being on land between Lake and Sandown, the proposed site is set in a good location served by good road infrastructure and public transport links and hence is acceptable on accessibility grounds.

6.7 Scale, mass and design of the building are the key considerations in the determination of this application. Initial plans submitted to the Local Planning Authority proposed a linear building fronting onto Lake Hill at a length of 47.5 metres. It was set 3.5 metres (at its nearest point) off the highway and 4.6 metres off the western boundary of the site. The Local Planning Authority raised major concerns over the height, bulk, impact, prominence and visual domination of that scheme, especially as the two storey elevation would appear exaggerated in height when driving in a westerly direction down Lake Hill. At its tallest point from Lake Hill the building would stand 13 metres above road level which in the opinion of the Council would be overbearing to the detriment of the visual amenities and character of the area compared to the relatively low key appearance and visual impact of the Heights.

6.8 Members should note that when the proposal was submitted to the Executive it was smaller, with the eastern wing being single storey in nature. The support of the Executive and the portfolio holder may have been based on this design and not under the initial plans submitted with this application. Since initial consultations started on 15 May 2002 the building has increased in size, accommodating both the initially approved GP surgery and pharmacy but also a Primary Care Trust office base which has increased the internal floor space by 300 m². In order for this scheme to obtain appropriate funding the GP surgery must meet specific requirements under NHS requirements with this proposal needing 913m². Although the pharmacy has no specific regulations in size it is reasoned by the applicant that the size proposed is reasonable to suit demands.

6.9 The Local Planning Authority can see the benefit of creating a “one stop shop” as this will both consolidate land use operations to enable patients to receive assistance and service in one premises. From a sustainability and traffic management viewpoint it is better to have one consolidated building, instead of having sporadic buildings set apart within the Sandown region serving one common purpose. Extreme care must be taken to ensure that the best is not the enemy of the good and override fundamental planning principles merely because an applicant wants it, or claims there is no alternative solution.

6.10 Through negotiations the building was reduced in mass, creating an ‘L shaped’ building. The main elevation fronting Lake Hill has been partly excavated into the ground removing the total cumulative span from Lake Hill to ridge height. The applicant has also negotiated an additional piece of land to the rear of the site enabling the whole footprint of the building to be moved in a northerly direction, again removing the dominance such elevations will have on Lake Hill.

6.11 In respect of the originally submitted plans a view was taken that the design on the southern elevation within the initial plan were inadequate not paying enough attention to finite detail in which a prominent building should have. Any design should be considered to stand on its own merits, improving the visual amenities and character of the area. Although the southern elevation represents the rear of the proposal, it is the main elevation that faces the public domain. Revised plans have articulated this aspect, improving the visual appearance, enabling to stand on its own architectural merit. Members must be minded to consider that the design is somewhat hindered by the requirements of internal floor space for the use intended.

6.12 Highways have no objection subject to conditions. A pedestrian route from the southern footpath adjoining Lake Hill through to the existing Heights complex giving a safe and linked walkway has been negotiated within the plans. Plans also accommodate barriers to the pedestrian footpath accessed off Lake Hill which will reduce the danger of pedestrian traffic exiting quickly out of the site onto Lake Hill. The Highways authority have noted that there will be a net reduction in the number of available car parking spaces on site but the applicant has assured the Local Planning Authority that 15 additional car parking spaces can be provided within the existing Heights complex, subject to a redesign of the existing layout. In review of these details and a condition placed upon this application the Local Planning Authority are satisfied that adequate parking provision is provided on site to accommodate all three principle uses.

6.13 In consultation with the Council’s Travel Plan Adviser it is suggested that it is encouraging that the practice has considered transport implications within their proposal and it is the opinion of the Local Planning Authority that this complies with policy TR4 (Transport Statement Requirements of Major Developments) of the Isle of Wight Unitary Development Plan. A condition is applied to the application requiring the provision of secure cycle storage racks so that employees and patients who wish to cycle to the site may do so with the assurity that their mode of transport is safeguarded.

6.14 The Countryside department have indicated that the white poplars on the western boundary of the site are not worthy of protection and do not form an integral part of the character and visual amenities of the area. Contrary to their views, the Local Planning Authority regard these trees worthy of conditional retention, as they form an important visual barrier between the land parcel and residential properties located along The Mall. The revised plans have pushed the building off this western boundary, safeguarding the root structure to ensure the long term survival of the trees. As the building is now ‘L shaped’ in the form, it is important to retain this western boundary to ensure the amenities to No.3 The Mall are safeguarded, reducing the impacts of overlooking of loss of privacy. A condition is applied to the application reinforcing this western boundary to ensure adequate screening is retained and maintained at all times. A condition is also placed ensuring that the existing trees on site are safeguarded by appropriate measures throughout construction.

7. Conclusion and Justification for Recommendation

7.1 In light of all the material considerations considered within the report, the Local Planning Authority are of the opinion that the proposal will be for the overall benefit of the Isle of Wight, dramatically improving the inadequate facilities at Melville Street, which has a current shortfall of 663 m² below NHS requirements.

7.2 Although the proposal has increased in size from the initial consultation and approval from the Executive via the provision of the Primary Care Trust office the Local Planning Authority can see the merits of having the three uses consolidated in one built form. The redesign of the building has reduced the scale and mass along the frontage of Lake Hill reducing the visual impact and prominence the building will have. Nevertheless, Members are advised that the building will still be prominent on Lake Hill but due to the nature of the proposal, the facilities the building will provide and the land use requirements, the material benefits are deemed to outweigh the possible impacts of scale and mass, although the revised plans reduce the initial worries of the Local Planning Authority.

7.3 In light of the foregoing the Local Planning Authority are minded that the proposal is acceptable for the reasons set out in this report.

8. Recommendation

The application is recommended for approval subject to conditions (subject to no further comments being received by 17 June 2005 which would warrant further consideration by the Committee).

Conditions/Reasons:

1	Time limit - full - A10
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	Details of hard and soft landscaping - M10
4	Soft landscaping works in accordance with condition 3 shall include [planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities; an implementation programme]. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
5	Landscape implementation - M11B
6	The existing western boundary of the site shall be retained, maintained and reinforced where appropriate in accordance with conditions 3, 4 and 5 of this decision notice, unless prior written approval has been granted by the Local Planning Authority. Reason: In the interests of the amenities of the area and to comply with Policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
7	No development including site clearance shall commence on the site until all (trees/shrubs and/or other natural features), not previously agreed with the Local Planning Authority for removal, shall have been protected by fencing or other agreed barrier (along a line to be agreed in writing with the Local Planning Authority. Any fencing shall conform to the following specification: (1.2 m minimum, height chestnut paling to BS 1722 Part 4 standard, securely mounted on 1.2 m minimum above ground height timber posts driven firmly into the ground/or 2.4 metre minimum height heavy duty hoardings securely mounted on scaffold poles, or other method of agreed protection which forms an effective barrier to disturbance to the retained tree). Such fencing or barrier shall be maintained throughout the course of the works on the site, during which period the following restrictions shall apply: (a) No placement or storage of material; (b) No placement or storage of fuels or chemicals; (c) No placement or storage of excavated soil; (d) No lighting of bonfires; (e) No physical damage to bark or branches; (f) No changes to natural ground drainage in the area; (g) No changes in ground levels; (h) No digging of trenches for services, drains or sewers; (i) Any trenches required in close proximity shall be hand dug ensuring all major roots are left undamaged. Reason: To ensure that trees, shrubs and other natural features to be retained are adequately protected from damage to health and stability throughout the construction period in the interests of amenity.
8	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 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, 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, 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.
9	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.
10	Details of roads, etc, design and constr - J01
11	Details of roads, etc, design and constr - J02
12	Before the development hereby permitted is commenced, a scheme indicating the provision to be made for disabled people to gain access to Lake Hill shall be submitted to and approved by the Local Planning Authority in writing. The approved scheme shall be implemented before the development hereby permitted is brought into use. Reason: To ensure adequate access for disabled persons and to comply with policy D12 (Access for People with Disabilities) of the IW Unitary Development Plan.
13	No building hereby permitted shall be occupied until space has been laid out within the site in accordance with drawing number 22012/10 (TCP/21488/G) for 30 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.
14	No building hereby approved shall be occupied until highway improvements have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority for the upgrading of the existing pedestrian footway crossing facility at the junction of Lake Hill and The Mall. Reason: In the interests of highway safety and to comply with policies TR7 (Highway Considerations).
15	No building hereby approved shall be occupied until highway improvements have been completed in accordance with details that have been submitted to and approved by the Local Planning Authority in writing and thereafter implemented for the removal of the existing car parking layout within 'The Heights' public car park, and provision for a formalised parking layout for 133 public cars and 8 coaches to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. To include for all associated accommodation works. The spaces 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 policies TR7 (Highway Considerations).
16	No building hereby permitted shall be occupied until a staggered pedestrian safety railing system has been erected within the pedestrian access serving the site from Lake Hill in accordance with details to be submitted to approved by and thereafter constructed to the satisfaction of the Local Highways Authority. Reason: To ensure adequate access to the proposed development and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
17	No building hereby approved shall be occupied until a continuous pedestrian footway has been provided to link the existing footway adjacent to the northern side of 'The Heights' building to the proposed pedestrian crossing point detailed on Drawing No. 22012/10 (TCP/21488/G). In accordance with details that have been submitted to and approved by the Local Planning Authority in writing. Development shall be carried out in accordance with the approved details. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
18	Prior to the commencement of any works authorised by this consent, a condition survey of 'The Heights' public car park between the site and its junction with the Broadway, Sandown shall be carried out under parameters agreed in advance with the Local Planning Authority and, prior to the occupation of the building hereby approved, a further condition survey shall be undertaken and any damage to the road/car park attributable to construction traffic in connection with the approved development shall be rectified by the developer in accordance with a scheme agreed with the Local Planning Authority. Reason: To ensure that an adequate standard of access to the properties is maintained, in accordance with Policy TR7 of the Isle of Wight Unitary Development Plan.
19	No building hereby approved shall be occupied until details of pedestrian crossing facilities within the access road serving the site from 'The Heights' public car park have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details, and the measures shall be completed before the occupation of any part of the development. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
19	A management plan including management responsibilities and maintenance schedules in respect of the pedestrian crossing facilities within the access road linking the site to 'The Heights' public car park and the associated continuous footway link between the site and 'The Heights' public car park shall be submitted to and approved by the Local Planning Authority prior to the occupation of any part of the development. The management/maintenance plan shall be carried out as approved. 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.

ANDREW ASHCROFT

Head of Planning Services