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.
The various documents, letters and other correspondence referred to in the Report in respect of each planning application or other item of business.
Members are
advised that every application on this report has been considered against a background of the implications of
the Crime and Disorder Act 1998 and, where necessary, consultations have taken
place with the Crime and Disorder Facilitator and Architectural Liaison
Officer. Any responses received prior
to publication are featured in the report under the heading Representations.
Members are advised that every application on this report has been considered against a background of the implications of the Human Rights Act 1998 and, following advice from the Head of Legal and Democratic Services, in recognition of a duty to give reasons for a decision, each report will include a section explaining and giving a justification for the recommendation.
LIST OF
PLANNING APPLICATIONS REPORT TO COMMITTEE –18 JULY 2006
1. |
P/00788/06 TCP/21172/J |
Cowes |
Conditional Permission |
|
Site
of car park Denmark Road, Cowes Residential
development comprising 3 storey block of 29 flats with undercroft parking and
courtyard parking; alterations to
vehicular access |
|
Page 3 |
2. |
P/01156/06 TCP/20677/U |
Newchurch |
Conditional Permission |
|
Land
at Sandown Airport, Newport Road, Sandown Construction
of 10 holiday units with areas for aircraft parking |
|
Page 10 |
3. |
P/01233/06 TCP/27732/B |
Gurnard |
Conditional Permission |
|
Gurnard
Pines Holiday Village, Cockleton Lane, Cowes, PO31 8QE Demolition
of chalets; 38 replacement chalets |
|
Page 18 |
4. |
P/00855/06 TCP/27239/A |
Shalfleet |
Refusal |
|
Shalcombe
Holding, Main Road, Shalcombe, Yarmouth, PO41 0UG Proposed
single storey extension to provide additional living accommodation (revised
scheme) |
|
Page 26 |
5. |
P/01469/06 TCP/27503/A |
Newchurch |
Refusal |
|
Barn
adjoining Apsewood
Cottage Apse
Manor Road, Shanklin Conversion
of barn into dwelling to include accommodation within roofspace, (revised
scheme) |
|
Page 32 |
01 |
Reference Number: P/00788/06 - TCP/21172/J Parish/Name: Cowes - Ward/Name: Cowes Castle East Registration Date: 03/05/2006 - Full Planning
Permission Officer: Miss S Wilkinson Tel: (01983) 823552 Applicant: Medina Estates Ltd Residential development comprising
3 storey block of 29 flats with undercroft parking & courtyard
parking; alterations to vehicular
access site of car park, Denmark Road,
Cowes, PO31 The application is recommended for
Conditional Permission |
REASON FOR COMMITTEE CONSIDERATION
This is a major application of Island wide significance.
1. Details
of Application
1.1 Application seeks consent for
residential development comprising three storey block of 29 flats with
undercroft parking and courtyard parking with alterations to vehicular access.
1.2 This scheme represents
phase two of the development of the former car park area within Denmark Road in
which location extant consent exists for twelve town houses.
1.3 The proposed design is similar to that of
phase one but sees the inclusion of a mansard roof for variation and the
incorporation of an archway over the proposed access road.
1.4 The proposed development would appear
three storey however has taken advantage of the varying ground levels and incorporated
undercroft parking to reduce the number of car parking spaces required within
the courtyard area to allow for amenity space for the residents.
1.5 The proposal is for all two bedroom
apartments and has provision for 25 car parking spaces within the basement car
parking area and four within the courtyard alongside the existing parking for
phase one. The scheme also incorporates secure bicycle parking within the
undercroft area.
1.6 The proposal did incorporate a roof
terrace which has now been removed from the scheme, due to concerns raised in
relation to overlooking and visual impact of associated paraphernalia.
2. Location and Site Characteristics
2.1 The site is located along Denmark Road
and boundaries the existing Co-op car park with phase one of the development
being sited on the corner of Denmark Road and Granville Bridge Road.
2.2 The site is irregularly shaped and has
significantly varying ground levels with Admiral Gardens to the north, the
current Co-op car park to the east with phase one of the development on the
west with Denmark Road running along the south.
2.3 The surrounding area is of mixed
character with large flatted blocks of phase one of this development and
Admiral Gardens with smaller scale developments on the opposite side of Denmark
Road and residential housing scale development to the west with Cowes town
centre shopping district close.
3. Relevant History
3.1 TCP/10996/S - An application for residential
development of twelve town houses two x three/four storey blocks of 68 flats
with car parking and proposed road improvements was approved in March 1989.
3.2 TCP/10996/V - An application for
residential development of 55 units in two/three and four storey blocks with
car parking and pedestrian access onto Carvel Lane was approved in July 1991.
3.3 TCP/21172/E - An application for one six
storey block comprising eleven two storey maisonettes and eleven four storey
maisonettes, fourteen storey block of ten houses, three three storey houses,
three bridging units (two units on two floors and one unit on single floor
level) six three storey houses, four three storey houses, four four storey
houses, block ten two storey houses (62 units in total), provision of private
car park at upper level and public car park of 157 spaces, land rear of 10 –24
Granville Road, land south of Griffin House, site of car park, Denmark Road was
refused in January 2001 and later dismissed at appeal in August 2001.
3.4 TCP/21172/G - An application for
additional flat at first floor level within approved flat block (TCP/10996/S)
was approved in March 2002.
3.5 TCP/21172/H - An application for
residential development comprising eight flats, two maisonettes and sixteen houses
in a three/four storey development, formation of vehicle access, parking and
landscaping was withdrawn in June 2004.
4. Development Plan Policy
4.1 National Policy Guidance
·
PPS1 - Delivering Sustainable
Development
·
PPG3 - Housing
·
PPS Consultation Paper 3 relating to housing
4.2 The following Strategic Policies within
the Unitary Development Plan are applicable:
·
S1 – New Development will be Concentrated within Existing Urban Areas
·
S2 – Development will be Encouraged on Land which has Previously Been
Developed
·
S6 – All Development will be Expected to be of High Standard of Design
·
S7 – Provision of Housing Units on the Isle of Wight
4.3 The following Unitary Development Plan
policies are applicable:
·
G1 – Development Envelopes
·
G4 – General Locational Criteria
·
D1 – Standards of Design
·
D2 – Standards for Development within the Site
·
D3 – Landscaping
·
B6 – Protection and Enhancement of Conservation Areas
·
H1 – New Development within Main Island Towns
·
H4 – Unallocated Residential Development
·
TR6 – Cycling and Walking
·
TR7 – Highway Considerations for New Development
·
TR16 – Parking Policies and Guidelines
·
U11 – Infrastructure and Services Provision
5. Consultee and Third Party Comments
5.1 Internal Consultees
·
Conservation and Design comments to follow.
5.2 External Consultees
·
Southern Water have confirmed that there is adequate drainage and water
supply for the proposed developments and therefore do not object but request that
informatives are placed on the application in the event of an approval
informing the agent of the need to make a formal application to Southern Water
for connection to public sewage systems and water supply.
5.3 Others
Eighteen letters of objection have
been received the contents of which can be summarised as follows:
·
The road access is insufficient to allow for effective traffic flows
·
Increased volumes of traffic
·
Insufficient parking
·
Scale, density, height and massing of the proposed flats
·
Loss of light and privacy to neighbouring developments
·
Too many flats within Cowes
·
Apartments would not be affordable to Island residents
·
Development is out of character with the surrounding area
·
Proposal represents overdevelopment
·
Inadequate infrastructure
·
Concerns over possible flood risk
·
Drainage
6. Evaluation
6.1 The determining factors
in considering this proposal are considered to be as follows:
·
Design and impact on the character of the area and adjacent Conservation
Area
·
Impact on neighbouring properties
·
Highways
The design of the development is similar to that already approved within phase one of this wider site. It is considered that it would be necessary to position a building in this location that tied in with the design of the original phase in order that neither scheme sit uncomfortably alongside the other.
The proposed
development respects the topography of the site with the scheme appearing three
storey allowing for development to reduce in height while moving down the hill.
Due to the land level differences between the site itself and the Co-op car
park a retaining wall is proposed behind which the undercroft car parking area
will be accommodated. This will allow for additional planting and reduces the
massing of the development when viewed from within the car park. At the current
height the proposal sits comfortably alongside phase one of the development
that fronts Denmark Road and improves the current visual elevation when viewed
from this position.
Design and
conservation have not objected to the scheme and although do not fully support
the design principle of the proposal accept that it is necessary to design and
scheme similar to phase one of the development.
6.2 The proposal has been
designed with a courtyard area to provide a small amount of parking as well as
an area of amenity space for residents. This area provides an adequate buffer
zone between developments and allows for existing space so that neither scheme
has an impact of residents on another.
Concerns have been
raised by residents of Admirals Gardens in respect of block D and the roof
terrace element. As discussed earlier this roof terrace has been removed and it
is considered that there is adequate distance between block D and the existing
buildings of Admirals Gardens that the scheme does not have a significantly
detrimental impact on their amenities. Especially when taking into
consideration differing land levels.
6.3 At the time of writing
the report no road safety audit had been received but subject to this being
satisfactory no other highway issues are considered to have been created by the
development. The site is located on a one-way road that affords access to the
Co-op car park and St Mary’s Road car park. As such there is no current
restriction on the usage of this road and it would be unreasonable to place one
on it. The site itself also used to be a car park which would have generated a
larger number of vehicle movement. The proposal provides one parking space per
unit and as they are only two bedroom units this is considered to be acceptable
with the site’s close proximity to the town centre.
6.4 A condition has been
attached to the application in regards to a Section 106 Agreement for
education, open space, transport infrastructure and affordable housing. The
following totals are proposed as Heads of Terms:
·
Education: £62,205
·
Open Space: £16,530
·
Transport Infrastructure: £21,750
·
Affordable Housing: 8
on-site units = 30%
6.5 The principle of development
within this area has been accepted as consent has been granted for twelve town
houses. It is not considered that the positioning of flats on this site
allowing for better use of brownfield land is unacceptable or leads to a
significant impact on the amenities of neighbouring properties or a detrimental
impact on the character of the area.
7. Conclusion and Justification for Recommendation
7.1 Having due regard and appropriate weight to all material considerations referred to in this report, it is considered that the proposal on balance would not have a significantly detrimental impact on the wider character of the area and sits comfortably in relation the existing development on site in respect of phase one.
8. Recommendation
Conditional
Permission – Subject to a Road Safety Audit.
Conditions/Reasons:
1 |
The development hereby
permitted shall be begun before the expiration of 3 years from date of this
permission. Reason: To comply with Section 91 of the Town and Country
Planning Act 1990. |
2 |
No development shall
take place until samples of materials/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 Isle of Wight
Unitary Development Plan. |
3 |
No development shall
take place until full details of both hard and soft landscape works have been
submitted to and approved in writing by the Local Planning Authority and
these works shall be carried out as approved. These details shall include proposed finished levels or
contours; means of enclosure; car parking layouts; other vehicle and
pedestrian access and circulation areas; hard surfacing materials; minor
artefacts and structures (eg. furniture, play equipment, refuse or other
storage units, signs, lighting, etc); proposed and existing functional
services above and below ground (eg. drainage power, communications cables,
pipelines, etc, indicating lines, manholes, supports, etc); retained historic
landscape features and proposals for restoration, where relevant. Reason: To ensure the
appearance of the development is satisfactory and to comply with policy D3
(Landscaping) of the Isle of Wight Unitary Development Plan. |
4 |
No development shall
take place until a scheme of landscape implementation and maintenance for a
minimum period of 5 years has been submitted to and approved in writing by
the Local Planning Authority. All
hard and soft landscape works shall be carried out in accordance with the
approved scheme. The works shall be
carried out prior to the occupation of any part of the development or in
accordance with the programme agreed with the Local Planning Authority. Reason: To ensure the provision, establishment and
maintenance of a reasonable standard of landscape in accordance with the
approved design and to comply with policy D3 (Landscaping) of the Isle of
Wight Unitary Development Plan. |
5 |
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 [site/ development] and to comply with policy D3
(Landscaping) of the Isle of Wight Unitary Development Plan. |
6 |
The roof areas of the development
hereby permitted shall not be used as a balcony, roof garden or similar
amenity area at any time and shall only be accessible for the purposes of
maintenance. Reason: In the interests of the
amenities of the adjoining properties and to comply with policy D1 (Standards
of Design) of the Isle of Wight Unitary Development Plan. |
02 |
Reference Number: P/01156/06 - TCP/20677/U Parish/Name: Newchurch - Ward/Name: Newchurch Registration Date: 05/05/2006 - Full Planning
Permission Officer: Mr J Mackenzie Tel: (01983) 823552 Applicant: Mr R Steele & Mr C
Williams Construction of 10 holiday units
with areas for aircraft parking land at, Sandown Airport, Newport
Road, Sandown, PO36 The application is recommended for
Conditional Permission |
REASON FOR COMMITTEE CONSIDERATION
This is a major application and is contentious due to conflicting policy considerations.
1. Details
of Application
1.1 This is a full application with all matters
to be considered at this stage including principle.
1.2 The proposal comprises the erection of
ten log cabins for use as holiday accommodation with associated aircraft
parking as part of the airport activities.
1.3 The plans show the site to be located to
the east of the complex of airport buildings which, in turn, are situated on
the south side of the runway of Sandown airport just off Newport Road. The
holiday chalets are shown to be sited in a single ribbon with the associated
aircraft parking areas located between the chalets and running in an east to
west direction abutting a hedgerow boundary between 100 and 140 metres south of
the runway.
1.4 The chalets are shown to be single storey,
overall dimensions of 13.5 metres by 10 metres and comprising two bedrooms,
bathroom and a lounge/dining/kitchen with an associated aircraft parking area
15 metres squared.
1.5 Constructed in timber, the buildings are
shown to be finished in log paneling under a profiled sheet roof resembling
tiles.
1.6 The taxiway situated forward of the
buildings is proposed to be retained in grass and it is understood that the
operating procedures are that following an aircraft landing, it would taxi to
its respective aircraft parking area where the engine would be stopped and the
aircraft pulled manually into the park facing outwards onto the taxi way. When
leaving an aircraft will taxi out to the airstrip where all pre-flight checks
would take place.
In terms of safety the occupied
areas (chalet and front/rear garden areas) would be enclosed with a 1.2 metre
high fence located only at the front with the taxi way located as far from the
log cabins as possible.
Accompanying application is detail
of the proposed taxiway crossover where it crosses an existing watercourse.
This is proposed to be in the concrete plank bridge to enable the crossing of
the ditch without culverting.
1.7 The application plans show the public
right of way SS22A to pass between the cabins towards the north eastern end of
the row.
2. Location and Site Characteristics
2.1 The site is a grassed area situated to
the southeast of the runway to the east of the airport complex; its
southeastern boundary to be marked by a very substantial tree and hedge screen.
2.2 A drainage ditch runs between the site
and the runway but otherwise the area has few other features. It is situated in
relatively open, flat countryside with the exception of the existing airport
buildings.
3. Relevant History
3.1 Construction of six buildings to form
clubhouse, office accommodation, hanger and three industrial units approved in
March 2004. This permission was granted subject to conditions which required
the clubhouse and restaurant to operate as part of the airport facilities and
only whilst the airport is open and operational; required that the associated
bed and breakfast accommodation could be used only in connection with the
clubhouse as guest accommodation during the time the clubhouse and airfield are
operational and also restricting the length of stay of any person; restricted
the light industrial buildings to be used solely for aircraft related
industrial use except for the first five years following completion which
allowed for it to be used for light industrial purposes; required that before
the light industrial buildings were brought into use that the junction of
Scotchells Brook lane with the A3056 Newport Road be improved in accordance
with a scheme to be submitted to and approved by the Local Planning Authority.
4. Development Plan Policy
4.1 National Policy Guidance in the form of:
·
PPG7 (The Countryside Environmental Quality and Economic and Social
Development) is applicable.
·
PPG17 (Sport and Recreation) also applicable.
4.2 Unitary Development Plan policies:
·
TR19 refers supporting and encouraging the retention and improvement of
(a) Sandown Airport for leisure flight activities; - planning applications for
the improvements of the facilities will be approved only where there is no
significant adverse effects on the environment, in particular noise, which may
affect neighbouring properties.
·
Policy T3 – Criteria for the development of holiday accommodation
affords limited support in as much that it relates to self-catering accommodation
reliant on an existing use.
·
Policy C1 – Protection of Landscape Character
4.3 The site is not within an Area of
Outstanding Natural Beauty nor is it the subject of any annotation regarding
nature conservation.
5. Consultee and Third Party Comments
5.1 Internal Consultees
·
Highway Engineer recommends conditions if approved. Points out, that in
practical terms, pedestrian routes should be segregated from aeroplane taxiways
and suggests a risk assessment be carried out. Observations are based on the
understanding that visitors would be arriving by aircraft and it is they alone
who would occupy the cabins such that the vehicle trips will be limited.
·
Environmental Health department advised conditions be attached regarding
possible contamination of land.
5.2 External Consultees
·
Environment Agency have now withdrawn original objection (which was
based upon the detrimental effects of culverting watercourses. Since it is now
proposed to bridge a watercourse and accordingly the Agency recommend conditions.
5.3 Parish Council Comments
Newchurch Parish Council object to
the proposals on the grounds of undesirable impact on the visual amenity of the
area, increased noise levels and the proposal represents unwelcome development
in the countryside.
5.4 Neighbours/Local Residents
Two letters of representation from
local residents are one objecting to generation of increased aircraft traffic
and therefore noise, the second questioning whether or not there would be any
adverse effect on the local footpath network.
5.5 Others
Ramblers Association point out that
rights of way are not shown on the plans which are well used footpaths and that
vehicle access to the proposed development has no separation between walks and
vehicles; no details of security fencing along the southwest boundary which
would, if installed, detract from the pleasant open nature and aspect to the
northwest; that the site conflicts with the footpath which crosses the runway
and a possible crossover point may also conflict with this footpath; that the
development would form a barrier to the green open aspect of the northwest as
viewed from the right of way.
6. Evaluation
6.1 Main issues relating to
this application are:
·
Policy and principle.
·
Access and highway implications
·
Impact of the proposal on the countryside
·
The type of accommodation and how occupation should be controlled.
6.2 This site, being part of the Sandown airport limits is outside the designated development envelope and its annotation is that of airfield and policy TR19 states that the Council will support and encourage the retention and improvement of Sandown Airport for leisure flying activities and that planning applications for the improvement of facilities will be approved where there is no significant adverse effects on the environment, in particular noise, which may effect neighbouring properties. The principle of airport related activities is therefore supported but the provision of accommodation is not an essential activity connected with the running of the airfield. Accommodation has been approved on the north side of the runway at the specialist flying school where bed and breakfast units have been included due to the close relationship with the flying clubs activities. The occupation of the flying schools accommodation is strictly controlled, limiting occupation to persons undergoing flying tuition. Given the close relationship with the airport and the occupation of these cabins strictly in connection with leisure flying activities at the airfield, it can be argued that their occupation is airport related facilities and, under those circumstances, support can be justified.
6.3 In terms of access, there is an existing vehicular access which services the extreme south western end of the application site, reached off Scotchells Brook Lane via the airport complex. However, it is anticipated that the prospective occupants of the cabins will arrive at the airfield in their light aircraft, rather than by car and although upon leaving the airport by road this may be by other means of transport, perhaps a hire car, the usage of the access for these ten cabins is not considered to be significant in this instance.
6.4 It is understood that the proposal is to let the cabins to visiting pilots and passengers of their light aircraft. The aircraft will land, taxi to the taxiway and outside of the aircraft parking area, the light aircraft will be pulled manually onto the parking area rather than being driven under power. Upon leaving the parking space, the light aircraft will taxi to the relevant end of the runway where flight checks would be carried out before take off (rather than outside of the cabins).
6.5 The plan shows the cabins to be constructed of timber with a tile like profiled steel clad roof (e.g. Decra); to be single storey with an overall ridge height of 4.2 metres and to be situated approximately 10 metres from the very substantial tree line which forms the boundary between the operating airfield and the agricultural land to the south. Along this boundary is the public footpath running close to the boundary with the airfield. Whilst not easily visible from the south west due to the dense and tall boundary screening, the buildings would be easily visible from vantage points from the east, through north to the west. However, the materials proposed, i.e. log paneling walls and “tile” profiled sheeting to the roofs will minimise as far as possible the visual impact of the buildings.
6.6 The use of the site for holiday accommodation for anything other than aircraft and airport related occupation would be unacceptable other than given the close relationship between the proposal and the existing airport activities under only those circumstances would the proposal be appropriate. The occupation of the cabins must be limited to persons who have arrived at this airfield by aeroplane and not for general holiday use and as these are self-contained accommodation, they could, theoretically, be occupied completely independently from the airport. However, bearing in mind the buildings are proposed to be log paneling walls with profiled sheet roofing, the buildings could be demountable and removed from the site in the event that the airport closed. This would avoid the potential residential use of buildings in an area where residential uses would not normally be approved to safeguard the occupation to airport related accommodation only.
7. Conclusion and Justification for Recommendation
7.1 This site is outside the development envelope but the proposal is to provide holiday accommodation for pilots and their passengers flying light aircraft into Sandown Airport and the occupation of the cabins would be closely linked with the expansion of the airport for leisure flying activities. There are concerns over the possible occupation of the cabins, especially in the event that the venture is unsuccessful in relation to the airport activities. This is easily remedied by the cabins being demountable structures which, in the event of changing circumstances, could be demounted and removed from the site for erection elsewhere. Whilst on site their occupation should be conditioned to ensure they remain for the primary purpose of providing holiday accommodation for pilots and their passengers of light aircraft and therefore, broadly, the proposals are consistent with policy T3 and TR19 of the Unitary Development Plan.
8. Recommendation
Conditional
Permission.
Conditions/Reasons:
1 |
The development hereby permitted
shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and
Country Planning Act 1990. |
2 |
The cabins hereby approved
shall be of timber frame construction with dark stained timber cladding and
the roof shall be of profiled steel cladding of a type which resembles
conventional tiling and a complete schedule of colours and textures of the
finishes to be used in the construction of the cabins hereby approved shall
be submitted to and approved by the Local Planning Authority prior to
commencement of works on site. 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 |
The occupation of the
cabins hereby approved shall be limited to pilots and passengers of light
aircraft flying into Sandown Airport for holidays or in connection with
leisure flying activities at the airfield and by no other persons. Reason: The site is in an area
where residential use would not normally be permitted or holiday accommodation
would be permitted without a link to an associated leisure development and in
accordance with Policies T3 and T6 of the IW Unitary Development Plan. |
4 |
The cabins hereby approved
shall be occupied for leisure purposes only in accordance with condition 3
above. In the event that the Airport ceased to function as an operational
airfield or is separated from the site as one entity, the cabins shall be
removed from the site permanently. Reason: The site is in an area
where residential use would not normally be permitted or holiday
accommodation would be permitted without a link to an associated leisure
development and in accordance with Policies T3 and T6 of the IW Unitary Development
Plan. |
5 |
No development shall be
commenced until a scheme has been submitted to and approved in writing by the
Local Planning Authority detailing the provision of a surface water
regulation system, designed to the satisfaction of the Local Planning
Authority and supported by detailed calculations. The run off generated from
the proposed development must not increase the risk of flooding of site and
the scheme must include a maintenance programme and established ownership of
the drainage system. The agreed scheme shall be implemented before the
development hereby approved is completed and shall be retained thereafter. Reason: To prevent flooding and
ensure the future maintenance. |
6 |
No development approved
by this planning permission shall be commenced until a scheme for the foul
drainage of the cabins hereby approved has been submitted to and approved in
writing by the Local Planning Authority. Thereafter the agreed scheme shall
be implemented and operational prior to the occupation of the cabins hereby
approved. Reason: In order to prevent
discharge of foul or contaminated drainage from the site into either ground
water or any surface water, whether direct or via soakaways to ensure the
prevention of pollution of controlled waters and in accordance with policy P2
of the Isle of Wight Unitary Development Plan. |
7 |
Any crossing of the
ditch or watercourse shall be carried out in accordance with a detailed
scheme to be submitted to and approved in writing by the Local Planning
Authority prior to commencement of works on site. Reason: In order to prevent
flooding and in accordance with policy G6 of the Unitary Development Plan. |
8 |
No development hereby permitted
shall commence until there has been submitted to and approved in writing by
the Local Planning Authority: (a) a desktop study documenting all
previous and existing land uses of the site and adjacent land in accordance
with national guidance as set out in C Contaminated
Land Research Report CLR11 "Model Procedures for the Management
of Land Contamination" 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 desktop study in accordance
with BS 10175: 2001 - "Investigation of Potentially
Contaminated Site - 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 the decontamination and an appropriately
qualified person shall oversee the implementation or 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 a 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 2a of the Environmental Protection Act 1990 and in accordance with
policy P2 of the Unitary Development Plan. |
9 |
No development shall
take place until full details of both hard and soft landscape works have been
submitted to and approved in writing by the Local Planning Authority and
these works shall be carried out as approved. These details shall include [proposed finished levels or
contours; means of enclosure; car parking layouts; other vehicle and
pedestrian access and circulation areas; hard surfacing materials; minor
artefacts and structures (eg. furniture, play equipment, refuse or other
storage units, signs, lighting, etc); proposed and existing functional services
above and below ground (eg. drainage power, communications cables, pipelines,
etc, indicating lines, manholes, supports, etc); retained historic landscape
features and proposals for restoration, where relevant]. Reason: To ensure the appearance of the development
is satisfactory and to comply with policy D3 (Landscaping) of the IW Unitary
Development Plan. |
03 |
Reference Number: P/01233/06 - TCP/27732/B Parish/Name: Gurnard - Ward/Name: Gurnard Registration Date: 11/05/2006 - Full Planning
Permission Officer: Miss S Wilkinson Tel: (01983) 823552 Applicant: Gurnard Pines Holding Company Ltd Demolition of chalets; 38
replacement chalets Gurnard Pines Holiday Village,
Cockleton Lane, Cowes, PO318QE The application is recommended for
Conditional Permission |
REASON FOR COMMITTEE CONSIDERATION
Local Member, Councillor John Hobart, requested Committee consideration due to concerns in regards to generation of construction traffic from the proposed development.
1. Details
of Application
1.1 The
application seeks consent for the demolition of 38 chalets and replacement with
the same number. The existing thirty eight chalets are located to the east of
the site and provide one and two bedroom accommodation which are proving not to
be as popular as more family sized accommodation. Therefore, the proposal is to
remove the wooden chalets and build three bedroom bungalows. The units are of a
single-storey construction of a buff brick and concrete tiled roof, similar to
other buildings within the Gurnard Pines complex. The buildings will have glazing to the rear elevation with a
decking area to provide some private space for guests. These units are currently under the
ownership of Gurnard Pines; however, following completion of the replacement
chalets, they will be sold off individually.
1.2 Five applications were originally
submitted representing a masterplan for various developments throughout the site
which included a hotel, a sports centre, eight apartments and a new access
road. These applications have been withdrawn following objections and lack of
information in regards to trees. The current application under consideration
was not withdrawn as the objections did not apply.
2. Location and Site Characteristics
2.1 The application relates to Gurnard Pines Holiday Village lying on the west side of Cockleton Lane to the south of Gurnard village. The surrounding area is primarily rural with some woodland to the south west. The overall site accommodates over 250 brick built chalets and log cabins. The facilities are supported by a central club, ballroom, dining room, office buildings, outdoor and indoor swimming pools and tennis courts. All facilities within the site are open to non-residents. The replacement chalets are positioned at the eastern boundary of the site, within the confines of the existing holiday village.
3. Relevant History
3.1 The site has an extensive planning history
dating back to 1952, however, this is not all relevant to the current
application. The following reference
history dates from the adoption of the Unitary Development Plan and schemes
considered relevant to the current schemes.
·
An application for thirty log cabins and new access road, demolition of
toilet block, construction of pond landscaping area adjacent Cockleton Lane
(revised plans) was approved in April 1997.
·
An application for use of fifty seven chalets for holiday purposes only
over a 52 week period per annum (the period of occupation for any one person
shall be limited to six weeks per annum, was approved in January 1998).
·
An application for ten log cabins and a cleaning store was approved in
January 1999.
·
An outline application for thirty holiday chalets was approved in July
2000.
·
An application for thirty five holiday chalets, retention of one holiday
chalet was approved in July 2002.
·
An application for forty two holiday chalets and replacement forty four caravans
was approved August 2003.
·
An application for two single-storey extensions to swimming pool and
associated facilities was approved in February 2004.
·
An application for variation of Condition 2 on TCP/19380/M to retain
holiday occupancy restriction but to remove six week limit to that occupancy
was refused in March 2004 and later allowed on appeal in November 2004.
·
An application for demolition of twelve holiday chalets; erection of
three-storey, sixty bedroom hotel with staff accommodation on ground floor, and
glazed link to existing entertainment complex was withdrawn in May 2004.
·
An application for construction of twenty chalets approved under
TCP/19380/M as three bedroom accommodation rather than approved two bedroom was
approved in October 2004.
·
An application for alterations and extension to main indoor pool to form
indoor children’s swimming pool with balcony/terrace over was approved in
November 2005.
·
An application for Certificate of Lawfulness for proposed alterations to
existing swimming pool was approved in December 2005.
·
An application for extension to form plant room was approved in December
2005. The above stated applications in relation to the swimming pool and plant
room facilities represented Phase 1 and 2 of the master plan.
4. Development Plan Policy
4.1
National Policy Guidance
·
PPS1 – Delivering sustainable development.
·
PPG21 – Tourism
4.2
The following strategic policies within the Unitary Development Plan are
applicable.
·
S4 – The countryside will be protected from inappropriate development.
·
S6 – All development will be expected to be of a high standard of
design.
4.3
The following Unitary Development Plan policies are applicable.
·
G4 – General Locational Criteria.
·
G5 – Development Outside Defined Settlements.
·
D1 – Standards of Design.
·
D2 – Standards for Development Within The Site.
·
D3 – Landscaping
·
D12 - Access
·
B8 – Employment in the Countryside
·
T1 – The Promotion of Tourism and the Extension of the Season
·
T2 – Tourism Related Development
·
T3 – Criteria for the Development of Holiday Accommodation
·
T5 – Development Outside a Defined Hotel Area
·
T6 – Permanent Accommodation Sites
·
T8 – Ancillary Development Associated with Tourism Uses
·
C1 – Protection of Landscape Character.
·
C12 – Development Affecting Trees and Woodland
·
TR6 – Cycling and Walking.
·
TR7 – Highway Considerations for New Development.
·
TR16 – Parking Policies and Guidelines.
5. Consultee and Third Party Comments
5.1
Internal Consultees
5.2
External Consultees
·
The Environment Agency raises no objection to the applications and
recommends conditions. These are
detailed within the conditions at the end of the report.
·
Southern Water have confirmed that they do not object to the scheme and
that there is adequate water supply and drainage capacity for the proposal and
request that, if the application should be approved, information be attached highlighting
the need to submit a formal application form for connection to Southern Water.
5.3
Town or Parish Council Comments
The Parish Council raises no objection.
5.4 Neighbours
Eight letters of
objection have been received, six letters objecting to all five applications,
four of which have been withdrawn; one letter objecting to the application for
the apartments and one letter objecting to the application for the hotel.
5.4
Others
·
Objections raised can be summarised as follows:
o
Over development
o
Light pollution
o
Hazards to highway users caused by generation of traffic from
construction vehicles and additional cars as well as the existing construction
and width of Cockleton Lane
o
Inadequate visibility splays
o
Insufficient infrastructure
o
Out of keeping with present environment
o
Possible damage to trees
· The Isle of Wight Society makes the following comments:
‘We have carefully
studied the above applications and our only relevant comment is that we would
like to ensure the final colour scheme will blend in with the surrounding
landscape.’
6. Evaluation
6.1 The determining factors in considering the proposal are considered to be as follows:
· Impact of the developments on the character of the area from within and outside the site
· Highways
6.2 The proposed replacement chalets will be
of a more permanent construction suitable for all year round usage and will see
these chalets become more in line with other development within the site. This element of the proposal will also allow
for a greater mix of accommodation on site providing varying bedroom
numbers. The chalets sit within the
area of those that they are replacing and would retain an area of open green
space within the site. The proposed
bungalow style chalets are not considered to have any less or greater impact
than the existing chalets on site and therefore the impacts of this element of
the proposal on the wider character of the area and existing residents is not
considered to be significant.
6.3 Highways have not raised objection to
the use of the existing access for the replacement chalets in regards to either
construction or visitor traffic. Visitor traffic is considered to be relatively
unchanged as the units are being replaced like for like. In regards to
construction traffic it is felt that this entrance is currently used and it
would be unreasonable to not allow access for replacement of these units as
there is presently no restriction which might stop larger vehicles using this
access. A suitable management plan can be conditioned.
7. Conclusion and Justification for Recommendation
7.1 Having due regard and appropriate weight to all material considerations referred to in this report, it is considered that the proposal on balance would not have a significantly detrimental impact on the wider character of the area and would provide a significant improvement to existing facilities available leading to an extension of the holiday season.
8. Recommendation
Conditional permission.
Conditions/Reasons:
1 |
A10 |
The development hereby
permitted shall be begun before the expiration of 3 years from date of this
permission. Reason: To comply with Section 91 of the Town and
Country Planning Act 1990. |
2 |
S03 |
No development shall take
place until [samples of materials/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 |
UN1 |
No development shall be
commenced until a scheme for the provision and implementation of a surface
water regulation system is designed to the satisfaction of the Planning
Authority and supported by detailed calculations. Such a drainage system for the site must be capable of
delivering an estimated 1% probability storm run-off to storage. The system must be capable of storing the run-off from the 1% event restricting
the outflow to that which would have occurred had the site been a grass
field. The scheme shall include a
maintenance programme to establish ownership of the storage system for the
future. Reason: To prevent flooding and to ensure
future maintenance in accordance with policy U11 (Infrastructure and Services
Provision) of the Isle of Wight Unitary Development Plan |
4 |
UN2 |
No development approved
by this planning permission shall be completed until a scheme for foul
drainage has been submitted to and approved in writing by the Local Planning
Authority. Reason: There should be no discharge of foul or
combined drainage from the site into either ground water or any surface
water, whether direct or via soakaways, to protect controlled waters in
accordance with policies P1 (Pollution) and U11 (Infrastructure and Services
Provision) of the Isle of Wight Unitary Development Plan. |
5 |
M11 |
Soft landscape works
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. |
6 |
M12 |
No development shall
take place until a scheme of landscape implementation and maintenance for a
minimum period of 5 years has been submitted to and approved in writing by
the Local Planning Authority. All hard
and soft landscape works shall be carried out in accordance with the approved
scheme. The works shall be carried
out prior to the occupation of any part of the development or in accordance
with the programme agreed with the Local Planning Authority. Reason: To ensure the provision, establishment and
maintenance of a reasonable standard of landscape in accordance with the
approved design and to comply with policy D3 (Landscaping) of the IW Unitary
Development Plan. |
7 |
UN3 |
No works or development
shall take place until a scheme for the protection of the retained trees
(section 7, BS59837, the Tree Protection Plan) has been agreed in writing
with the LPA. This scheme shall
include: a) a plan to a scale
and level of accuracy appropriate to the proposal that shows the position,
crown spread and Root Protection Area (para. 5.2.2 of BS5837) of every
retained tree on site and on neighbouring or nearby ground to the site in
relation to the approved plans and particulars. The positions of any trees to
be removed shall be indicated on this plan. b) the details of each
retained tree as required at para. 4.2.6 of BS5837 in a separate schedule. c) a schedule of tree works
for all the retained trees in paragraphs (a) and (b) above, specifying
pruning and other remedial or preventative work, whether for physiological,
hazard abatement, aesthetic or operational reasons. All tree works shall be carried out in accordance with BS3998,
1989, Recommendations for tree work. d) written proof of the
credentials of the arboricultural contractor authorised to carry out the
scheduled tree works. e) the details and
positions (shown on the plan at paragraph (a) above) of the Ground Protection
Zones (section 9.3 of BS5837). f) the details and
positions (shown on the plan at paragraph (a) above) of the Tree Protection
Barriers (section 9.2 of BS5837), identified separately where required for
different phases of construction work (e.g. demolition, construction, hard
landscaping). The Tree Protection Barriers must be erected prior to each
construction phase commencing and remain in place, and undamaged for the
duration of that phase. No works
shall take place on the next phase until the Tree Protection Barriers are
repositioned for that phase. g) the details and
positions (shown on the plan at paragraph (a) above) of the Construction
Exclusion Zones (section 9 of BS5837). h) the details and positions
(shown on the plan at paragraph (a) above) of the underground service runs
(section11.7 of BS5837). i) the details of any
changes in levels or the position of any proposed excavations within 5 metres
of the Root Protection Area (para. 5.2.2 of BS5837) of any retained tree,
including those on neighbouring or nearby ground. j) the details of any
special engineering required to accommodate the protection of retained trees
(section10 of BS5837), (e.g. in connection with foundations, bridging, water
features, surfacing) k) the details of the
working methods to be employed with the demolition of buildings, structures
and surfacing within or adjacent to the RPAs of retained trees. l) the details of the
working methods to be employed for the installation of drives and paths
within the RPAs of retained trees in accordance with the principles of
“No-Dig” construction. m) the details of the
working methods to be employed with regard to the access for and use of
heavy, large, difficult to manoeuvre plant (including cranes and their loads,
dredging machinery, concrete pumps, piling rigs, etc) on site. n) the details of the
working methods to be employed with regard to site logistics and storage,
including an allowance for slopes, water courses and enclosures, with
particular regard to ground compaction and phytotoxicity. o) the details of tree
protection measures for the hard landscaping phase (sections 13 and 14
of BS5837). F Notice of Tree Works and Major Operations The applicant shall give
written notice to the LPA of 14 days prior to carrying out the approved tree
works and any operations that present a particular risk to trees (e.g.
demolition within or close to a RPA,
excavations within or close to a RPA,
piling, carnage). Reason: In order to ensure
that the development does not have an impact on the existing trees on site,
in accordance with Policy C12 (Development Affecting Trees and Woodland) of
the IW Unitary Development Plan. |
04 |
Reference Number: P/00855/06 - TCP/27239/A Parish/Name: Shalfleet - Ward/Name: Shalfleet and
Yarmouth Registration Date: 06/04/2006 - Full Planning
Permission Officer: Mrs J Penney Tel: (01983) 823552 Applicant: Mr Capon Proposed single storey extension
to provide additional living accommodation (revised scheme) Shalcombe Holding, Main Road,
Shalcombe, Yarmouth, PO410UG The application is recommended for
Refusal |
REASON FOR COMMITTEE CONSIDERATION
The report has been requested by the Local Member, Councillor W Burt, on the grounds that the additional accommodation is required in the interest of animal welfare.
1. Details
of Application
1.1 Full planning permission is sought for
what is described as single storey living accommodation on the western side of
the existing property which is a three bedroom bungalow with a lounge,
bathroom, kitchen, utility room and porch. The submitted plans detail the
extension measuring 11.9 metres in depth by 6.7 metres width. Calculations indicate a 77% increase in
volume.
1.2 The new build will provide two bedrooms,
bathroom and combined lounge and kitchen area. Plans show intention to “take”
an additional bedroom from the original property and incorporate this into the
living area created by the extension. The extension is accessed through the
main dwelling and has an external double door on the rear elevation opening out
into the rear garden area.
1.3 The proposed siting is flush with the front wall of the
property extending 3.9 metres beyond
the rear wall. The design is in keeping
with the original property continuing the
ridge at the same level as existing.
Materials are shown to be artificial stone walls and plain concrete roofing tiles to match existing.
1.4 The agent has submitted a Planning
and Design Statement highlighting the difference between this and the previous
scheme refused in October 2005:
·
This is an extension rather than annex
·
There is a common access and therefore an annex is not being created.
·
Further building operations would be needed to allow for subdivision of
the property.
·
He has quoted other cases, legislation and decisions in locality and
refutes previous refusal reasons.
·
Asserts that the proposed extension provides logical enlargement and
therefore arrangement of accommodation is not a planning matter.
·
There is no agricultural tie on the property.
·
The farm is currently jointly run by the applicant and son; the son
lives in Freshwater.
·
The nature of the farming operation means that a permanent presence is
essential and the need for the son to move close to the farm is caused by the
fact he is essential to the running of the farm particularly as his father
moves towards retirement.
·
The son’s commitment and numerous journeys between his home (Freshwater)
and the holding are demanding on time and disruptive to family life.
·
Information relating to functional need asserts there is a strong case
for a separate agricultural dwelling and that the proposal is a better solution
to a new dwelling.
·
The farm has been established for 50 years, holds 160 dairy cattle and
is one of a few surviving dairy farms on the Island.
·
There are two full time workers and occasional part time
assistance.
·
There is a requirement for on site presence day and night.
·
There would be no additional traffic generation as a result of
proposal.
2. Location and Site Characteristics
2.1 The existing property is of modest scale
in a good sized plot set at a lower level to the road. There is limited boundary hedging and
fields surrounding the property.
2.2 The site is in a visually prominent
junction with Broad Lane on the main Carisbrooke to Freshwater road with one
other domestic property sited to the east.
3. Relevant History
3.1 P/01620/05 - TCP/27239 - Alterations
and single storey extension to provide annexed living accommodation. Refused October 2005 on grounds of
capability of occupation as a separate unit of living accommodation. Impact on visual amenity of locality and
landscape character. Increase in
vehicular traffic.
3.2 P/00854/06 – TCP/27239/B -
Proposed two-storey extension to provide additional living
accommodation. Refused June 2006 on
grounds of capability of occupation as separate unit of living
accommodation. Increase in size, siting
and design having adverse effect on visual amenity of locality and landscape
character.
3.3 The application under 3.2 above was
submitted as a parallel application to the scheme currently under
consideration.
3.4 The only difference in the scheme
refused under 3.1 above compared to the current proposal is the description.
4. Development Plan Policy
4.1 National Policy Guidance
PPS1 advocates sustainable
development, good design including sustainability, integration into urban and
natural environment, responding to local distinctiveness and appropriate
landscaping.
PPS7 seeks to raise the
quality of life and the environment in rural areas. Paragraph 10 of PPS7
and Annex A requires special justification for planning permission to be
granted for new dwellings in the countryside. A demonstration of both a
functional and financial need for new dwellings is required where the need
could not be fulfilled by another existing dwelling on the unit or any other
existing accommodation in the area for the workers concerned.
4.2 Local Policies
The site is shown as
being outside the development envelope boundary and is therefore in an area
designated as countryside.
Relevant policies are as
follows:
·
S1 New development will be
constructed in 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.
·
G4 General locational criteria
for development
·
G5 Development outside defined
settlements
·
D1 Standards of Design
·
D2 Standards for development
within the site
·
H7 Extensions and alteration of
existing residential properties
·
C1 Protection of landscape character
·
Isle of Wight Council Supplementary Planning Guidance – Extending Your
Home
5. Consultee and Third Party Comments
5.1 Internal Consultees
·
None
5.2 External Consultees
·
Shalfleet Parish Council has no objection.
5.3 Others
·
Letter of support from adjacent property: Extension enhances bungalow and visual impact improved. Advantageous for community to have another
family. No increased traffic use.
6. Evaluation
6.1 To summarise this proposal, it is
intended to create sufficient living accommodation to be occupied by the
farmer’s son and family as the father is moving towards semi-retirement and the
son currently has to travel from Freshwater. Whilst the applicant claims not to
be creating two households it is clear from the facilities to be provided that
arrangement could easily be achieved.
6.2
The main issues relating to this application are:
·
Policy, size, design and
layout in relation to original property
·
Capability of separate occupation
·
Impact on surrounding rural area
·
Impact on neighbours
6.3 The site lies in open
countryside. The principle of a general extension to an existing residential
property is acceptable. However, it is
clear from the nature of the proposal under consideration that there are other
issues that should be taken into consideration in the determination of this
application.
6.4 The footprint of the
proposed extension represents a significant increase compared to the original
dwelling. Calculations indicate a 77%
volume increase in size. Extensions
are generally acceptable where of appropriate size, scale and design compared
to the original and where a separate unit is not created. Supplementary Planning Guidance advises that
an increase in the size of a dwelling in the countryside in excess of 35% will
be assessed primarily on their impact.
6.5 Given the simple design
of the existing property and proposed extension, I am of the opinion that from
an external appearance the design reflects the original property. Given the siting of the proposal and
topography there is a very limited impact on the landscape character and this
would not be a reason in itself to withhold consent. Accordingly, when viewed
as a basic ‘shell’, I consider on balance, there is no objection to a general
extension of this size.
6.6 The fundamental concern with regards to
the proposal is the capability of the proposed extension becoming a separate
unit of accommodation. The connection to the original property could easily be
severed creating a two bed unit and a three bed unit. As both the existing
property and the extension have their own kitchen, lounge and bathroom
facilities, such a concern has genuine merit. Reference has been made to them
sharing the same access but I note there is an independent doorway from the
kitchen/lounge area of the extension to the outside.
6.7 In support of the Local Planning
Authority’s concerns, I would draw Members attention to an appeal decision from
January 2002 relating to a similar proposal at Noke Common Dairy, 45 Noke
Common, Newport. The application for a single storey extension to the side of
the property to form an annex was refused and then dismissed on appeal. In the
Inspector’s decision letter, he makes the following point:
“One of the Council’s
principle objections to the proposal is that the accommodation because of its
size and layout could be offered a separate dwelling. Though the plans show an
interconnecting door with the main house the annex would also have its own
independent entrance. In addition, I consider that there would be sufficient
land about the property for separate gardens. The applicant has pointed out
that he and his family intend to occupy the dwelling for a long time in the
future. Nevertheless, circumstances may change and I agree with the Council
that it would be difficult for it to resist future applications to occupy the
annex as a separate living unit…..”
He then concluded
stating:
“Since it could lead to the
provision of an additional dwelling in the countryside in the long term, I
consider that the proposal is in conflict with Policy H7 of the UDP, and
strategic and detailed policies to protect the countryside. As such I conclude
that the proposal would be seriously harmful to the character of the
surrounding countryside area.”
This concern over the ease through
which the units could be separated also featured in the rejection of an appeal
at Ivy Cottage, Station Road, Ningwood in December 2004.
6.8 During the determination of this
application, officers have made suggestions that would involve a reduction in
the footprint of the proposal and create a more integrated addition to the
existing property with shared facilities that would overcome the concerns
referred to in this report. Unfortunately, the applicant has not responded
positively to these suggestions.
6.9 Based on the planning and design
statement, Members may interpret some of the information as a request to take
into account the personal circumstances of the applicant. Whilst the statement
is made that there is a clear functional need and considered to be strong case
for justifying a separate agricultural workers dwelling for the son in addition
to the current dwelling occupied by the father, Members should note that no
agricultural justification has been submitted in support of this statement nor
has the situation been evaluated by the Council’s Agricultural Consultant.
Clearly, there are certain advantages of the son living on site but in the absence
of a full evaluation Members should not place significant weight on this fact.
6.10 With regards to the weight given to the
personal circumstances generally Members should note that personal
circumstances can be given weight and may, when other issues are finely
balanced, be used as part of the determination. However, Members should also be
aware that any decision to support the proposal will result in an arrangement
that will outlive all the parties concerned. Accordingly, it is the officer’s view
that the policy context is so clear and weighed against the proposal that the
use of personal circumstances to tip a finely balanced argument does not apply
in this instance.
7. Conclusion and Justification for Recommendation
7.1 Having given due regard and appropriate to all material considerations, it considered that the proposal is contrary to Policy due to the extent of the footprint and layout of the accommodation in relation to the original property and the resultant capability of creating a new building in the countryside.
8. Recommendation
Refusal
Conditions/Reasons:
1 |
The proposed
development is located outside of the designated development envelope
boundary and would due to its size and internal layout in relation to the host
dwelling be capable of occupation as a separate unit of living accommodation,
which by reason of the location of the site in the countryside would be
contrary to Policy S1 (New Development will be constructed within Existing
urban areas) and Policies G5 (Development Outside Defined Settlements), and
H7 (Extension and Alterations of Existing Properties) of the Isle of Wight
Unitary Development Plan. |
05 |
Reference Number: P/01469/06 - TCP/27503/A Parish/Name: Newchurch - Ward/Name: Newchurch Registration Date: 13/06/2006 - Full Planning
Permission Officer: Mr D Long Tel: (01983) 823552 Applicant: Mr A Hyder Conversion of barn into dwelling
to include accommodation within roofspace, (revised scheme) barn adjoining, Apsewood Cottage,
Apse Manor Road, Shanklin, PO37 The application is recommended for
Refusal |
REASON FOR COMMITTEE CONSIDERATION
The Local Member, Councillor Mosdell has requested that the application go before the committee due to previous consents granted for barn conversions within the locality.
1. Details
of Application
1.1 This is a full application.
1.2 The proposal comprises
the conversion of a garage and store belonging to Apsewood Cottage into a three
bedroom residential dwelling with associated kitchen, lounge and dining room.
The conversion is over two floors having the second and third bedroom at first
floor.
1.3 Proposal makes use of existing front
opening infilled with a glass façade while the rear east elevation has six
additional openings to serve the accommodation internally.
1.4 Parking for both Apsewood Cottage and
the conversion is to the frontage of the barn. Excavations are required into
existing garden of Apsewood Cottage to make this available and to provide
sufficient space.
2. Location and Site Characteristics
2.1 The barn is located within countryside
outside defined development envelope as indicated on the Isle of Wight Unitary
Development Plan allocations.
2.2 The local area consists of a number of
residential dwellings all being of historic merit and character. The majority
of dwellings are constructed of natural stone, some being listed for their
historic character. Most of the dwellings are set back from the road frontage,
having good defensible space and curtilage aiding to the setting of these
buildings. A number of barns have been converted for residential purposes to
the north of the site and determined under the (then) Development Plan, ie.
South East Wight Local Plan policies.
2.3 All the dwellings are accessed off Apse
Manor Road which is an unclassified de-restricted road. Although being
de-restricted, traffic movements are generally slow due to the changing
gradient, condition and alignment of the road.
2.4 The barn itself is located at the
southern most point in the line of buildings. It is sited on a reasonably level
plateau but the land does slope steeply to the rear of the building in an
easterly direction.
3. Relevant History
3.1 P/00052/06 – Application refused
for the conversion of barn into dwelling; barn adjoining Apsewood Cottage, Apse
Manor Road, Shanklin for the following reasons:
·
The site lies outside the defined development envelope and no
justification has been established to show why the proposal should be permitted
as acceptable development in the countryside.
·
Insufficient information has been submitted to show that every
reasonable attempt has been made to secure a suitable employment, recreational
or tourism use for the building and the residential use proposal would be
contrary to policy.
·
The proposal by reason of the amount, type and insensitivity of the
alterations would be detrimental to the character and appearance of the
building and thereby would not serve to preserve the character of the building
and its surroundings.
·
The information accompanying this application is inadequate and
efficient in detail in respect of existing and proposed traffic generation so
that the Local Planning Authority is unable to consider fully the effects of
the proposal on Apse Manor Road and in the absence of further details it is
considered the proposal represents an increase in the use of an access
substandard in terms of visibility.
·
The access is unsatisfactory to serve the proposed development by reason
of unacceptable visibility.
·
The proposal does not provide adequate facilities for vehicles to turn
on the site to enable vehicles to enter and leave the highway in a forward gear
and therefore in the interests of road safety are compromised.
·
The information accompanying this application is inadequate and
deficient in detail in respect of a bat survey, the Local Planning Authority is
therefore unable to consider fully the effect of the proposal on a protected
species.
4. Development Plan Policy
4.1 National Policy Guidance – PPS7
(Sustainable Development in Rural Area)
4.2 The Unitary Development Plan Policies
relevant to this determination are as follows:
·
S1 - New development will be concentrated within existing urban areas
·
S4 - Protection of Countryside
·
S6 - All development will be expected to be of a high standard of design
·
G1 - Development Envelopes
·
G4 - General Locational Criteria
·
G5 - Outside Development Boundaries
·
D1 - Standards of Design
·
B2 - Settings of Listed Buildings
·
H1 - Development envelopes
·
H4 - Unallocated Residential Development to be Restricted to Define
Settlements
·
H9 - Outside Development Envelopes
·
C8 - Nature Conservation as a Material Consideration
·
C17 - Conversion of Barns and
other rural buildings
·
TR7 - Highway Considerations for New Development
4.3 Supplementary Planning Guidance Note
entitled “Conversion of Rural Buildings” indicates that the building must be
structurally capable of conversion without significant alteration. It indicates
that the traditional features of the barn should be kept, making use of
existing openings.
5. Consultee and Third Party Comments
5.1 Internal Consultees
·
The Highway Engineer recommends conditional approval as the application has
resolved the previous issues for refusal. Access improvements have been
achieved and taking into consideration the prevailing speeds in the area, there
will be no significant highway implications from an additional dwelling.
·
Conservation and Design Team appreciate that this is a traditional barn
with some historic merit. The building is of a simple appearance with plain
walls and roof with a large opening to the frontage. There is concern that the
conversion would require significant alterations including the insertion of
domestic casement style windows on the side and rear elevations and roof lights
to the front and rear roof slopes and the hipped ends. This would change the
character of the building giving it a domestic appearance. There is concern that
the building is not structurally capable of conversion without significant
alterations or major reconstruction and so this should be proven via detailed
structural report in order to comply with Policy C17.
·
The Ecology Officer’s comments that bat survey report has been submitted
and discharges any requirement for a licence or bat related conditions.
5.2 External Consultees
No comments received.
5.3 Town Council
No comments received.
5.4
Neighbours
There have been no
letters of objection or support through the consultation period but 11 letters
of support were submitted as part of the application. The points raised in
those letters are summarised as follows:
·
The use of the converted barn for a residential use would be better
suited to the area rather than a tourism use.
·
Other barns have been converted for residential uses by the Local
Planning Authority.
·
Tourism would not be appropriate for this area.
6. Evaluation
6.1 The main issues relating
to this application (as with previous submission) are:
·
Principle of conversion to residential use
·
Planning history of the local area
·
Conservation and Design matters
·
Highway considerations
·
Ecological considerations
6.2 Members will note that the barn is
located within the countryside and not within the development envelope as
defined by the Isle of Wight Unitary Development Plan. Therefore consideration
has to be given to Policies H9 (Outside Development Boundaries), H5 (Infill
Development) and C17 (Conversion of Barns and other Rural Buildings). Policy H9
indicates that planning applications for residential development outside the
development boundaries will only be permitted if they are for replacement of a
similar scale and mass to the existing dwelling, essential dwelling for an
agricultural unit, the conversion of a rural building provided no other
alternative uses feasible or essential to the operation of an approved tourist
use. Policy C17 indicates that planning applications for the use and adaptation
of a rural building for employment, recreational or tourism purposes will be
approved provided that they are structurally capable of reuse and adaptation
without major or complete reconstruction, that they respect the local
character, building styles and materials, would not entail any loss of
significant character to the buildings, and would not generate excessive amount
of traffic to the site. The policy also indicates that planning applications
for reuse and adaptation for residential use must comply with all the above and
will be refused unless every reasonable attempt has been made to secure a
suitable employment, recreation or tourism use for the building.
6.3 Policy clearly indicates that the
conversion of barns and rural buildings will be approved for appropriate
employment, recreation or tourism purposes. Further policy within the UDP, G1
(Development Envelopes) indicates that residential development should be
confined to development envelopes within existing urban centres. This is not an
existing urban centre being designated open countryside and therefore no
residential conversion is justified in this location. Only in exceptional
circumstances will the Local Planning Authority accept residential use if they
are satisfied a rigorous and well documented case has been made to show that no
demand exists for alternative suitable employment, recreation or tourism use
for the building. The applicant has not detailed any of the above to outweigh
the principle policy issue of the conversion. The application should therefore
be refused.
6.4 The structural report accompanying the
application indicates that the barn is of substantial construction and could be
reused but further designs and details will be needed to substantiate the
strength and structural capability of the roof construction, purlins, trust support,
inner leaf wall, ground floor construction and foundations. Although I accept
that the building does appear to be of substantial construction and could be
reused for an appropriate use, further details are required to substantiate
whether this building can actually be reused without major or complete
reconstruction. Members must note that should any part of the building have to
be completely reconstructed in order to take the loadings of the proposed
residential use, this would not fall within the parameters of C17. It would
seem from the plans that the development would remove the existing truss roof
in its entirety, replacing it with a number of purlins to support the first
floor, not complying with Policy C17. The barn should be capable of reuse without
significant alteration or should be strengthened sympathetically to keep the
existing character and historic merit of the building. Should the existing roof
not be capable of reuse for first floor accommodation it should remain as
existing simply using the ground floor for appropriate purposes.
6.5 Reference has been made to the number of
barns have been converted into residential use within the local area. However,
these barns were converted under the (then) relevant South East Wight Local
Plan policies which allowed for such a conversion to take place. Policy C17
seeks to ensure that appropriate buildings are used for such a use. The role of
the conversion for tourism use plays an important function within the rural
economy for the Isle of Wight and therefore every reasonable attempt must be
made to secure such a use unless material considerations outweigh that policy.
Members should have regard to current planning policies and not to historic
decisions made under now superseded local plan policies. An application
approved in 2002 for a residential conversion of a barn the case officer
justified that it was an infilling, being closely grouped with other
residential units, justified through policy H9, current proposal does not
constitute infilling and therefore that particular policy is not relevant.
6.6 It is apparent that the Highway Engineer
has negotiated on the previous reasons for refusal and has sought access
improvements to cater for the new development. By reason of these improvements and
the prevailing speeds along Apse Manor Road there will be no significant impact
to the highway, therefore he now recommends conditional approval.
6.7 The initial application was refused due
to insufficient information with regard to a bat survey which Members will
appreciate is a protected species. The current application has a detailed bat
survey which the Council’s Ecology Officer is in support of overcoming the
previous reason for refusal.
6.8 The main issues relating to this
application is whether this current application has overcome the previous
reasons for refusal to secure appropriate residential use with the designated
countryside. It is clear that there has been no reasonable attempt to establish
appropriate employment, recreation or tourism use within this building and
therefore residential occupation should not be accepted until this has been
fully justified. The principal of development should not be accepted by Members
and on this basis refusal is recommended.
6.9 Conservation and Design Team comment
that the current building is of a simple. The character of this building is
encased by the simplicity which should be respected within any future
conversion. Although the Local Planning Authority accepts some minor
alterations to serve the internal accommodation, the extent and type of
alterations on this proposal does not gain support of the Conservation Officer.
Members will appreciate that a barn for non-residential purposes would usually
require far less alterations and openings. A residential use would be likely to
generate a higher usage and requirement for adequate light and amenities to
serve the accommodation, therefore leaving a building that has been
significantly altered. Therefore notwithstanding the policy objections to
residential use, the proposal is also contrary to policy in terms of detail.
7. Conclusion and Justification for Recommendation
7.1 The application has not demonstrated that other appropriate uses under policy C17 have been investigated. Residential uses should be concentrated within existing development boundaries. The amount and extent of alterations adversely affects the character and appearance of the building and does not gain support of the Conservation and Design Team. It is also apparent that the structural report accompanying the application is insufficient in details to make a proper and sound judgement on whether the building can be converted without major or complete reconstruction. In addition major alterations contravene policy on barn conversions. The applicant needs to fully detail these issues via a proper and sound structural report in order to resolve this issue. Members should also appreciate that any grant of consent would weaken the consistent approach of the Local Planning Authority in resisting unjustified residential use in the countryside. In review of all material considerations the application is recommended for refusal.
8. Recommendation
The
application is recommended for refusal.
Conditions/Reasons:
1 |
The site lies outside the
defined development envelope and no
justification has been established to show why the proposal should be
permitted as acceptable development in the countryside as defined in Policy
G5 (Development Outside Defined Settlements) and is therefore contrary to
Strategic Policies S1 (Concentrated Within Existing Urban Areas) and S4
(Countryside Will Be Protected from Inappropriate Development) and G1
(Development Envelopes for Towns and Villages) of the IW Unitary Development
Plan. |
2 |
Insufficient information
has been submitted to show that every reasonable attempt has been made to
secure a suitable employment, recreation or tourism use of the building and
the residential use proposed would therefore be contrary to Policy C17
(Conversion of Barns and Other Rural Buildings) of the IW Unitary Development
Plan. |
3 |
The proposed by reason
of the amount, type and insensitivity of the alterations would be detrimental
to the character and appearance of the building and thereby would not serve to
preserve the character of the building and its surroundings and would
therefore be contrary to Policy S6 (Be of a High Standard of Design), Policy
S10 ( If it will Conserve or Enhance the Features of Special Character of
these Areas), Policy C17 (Conversion of Barns and other Rural Buildings) and
D1 (Standards of Design) of the IW Unitary Development Plan. |
4 |
On the basis of the
information supplied, the Local Planning Authority are not satisfied that the
barn is structurally capable of adaptation and reuse without major alteration
or reconstruction therefore being contrary to Policies D1 (Standards of
Design) and C17 (Conversion of Barns and other Rural Buildings) of the IW
Unitary Development Plan. |
5 |
The proposal would create
an undesirable precedent which would make it more difficult for the Local
Planning Authority to resist further similar proposals, the cumulative effect
of which would create conditions likely to adversely effect the character of
the area and would be contrary to Policy H9 (Outside Development envelopes)
and C17 (Conversion of Barns and other Rural Buildings) of the Isle of Wight
Unitary Development Plan. |
Derek Rowell
STRATEGIC DIRECTOR FOR
ECONOMIC DEVELOPMENT &
REGENERATION