Development Contol Sub Committee Minutes 18 July 2006

15. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 11 July 2006 be confirmed, subject to decision (i) Minute 14 (2) being amended to read 30% affordable housing.

16. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Cllrs Henry Adams, Ivan Bulwer, Barbara Foster, Muriel Miller and Arthur Taylor - declared a personal interest in Minute 18 (4) - Shalcombe Holding, Main Road, Shalcombe, Yarmouth as they knew the person speaking on behalf of the applicant.

Cllr William Burt – declared a personal and prejudicial interest in Minute 18 (4) - Shalcombe Holding, Main Road, Shalcombe, Yarmouth as he knew the applicant – he was not present during the discussion and voting thereon.

Cllr Barbara Foster - declared a personal interest in Minute 18 (5) - Barn adjoining Apsewood Cottage, Apse Manor Road, Shanklin as she knew the applicant.

17. URGENT BUSINESS – INVOKING THE COOLING OFF PERIOD

The Chairman agreed to an item of urgent business as action was required before the next meeting.

Officers invoked the ‘cooling off’ period in relation to Land bounded by Kingston Farm Lane/Cadets Walk/Kingslea Park/Beatrice Avenue, East Cowes power station/agricultural land/south of East Cowes Vics football ground inc land off Whippingham Road, East Cowes which had been discussed at the 11 July 2006 meeting of the Committee. It was believed that officers would be unable to sustain the reasons given for refusal at an appeal as they were contrary to the Isle of Wight Unitary Development Plan, the emerging Island Plan and Section 38.6 of the Planning Act 2004. It was intended that a report to include external legal planning advice would be brought back to the Committee in September 2006.

Members were concerned that the ‘cooling off’ period was being invoked after the meeting as they believed this was against procedure adopted by the Council in September 1997. The Constitution indicated that a request should be made at the time of the actual meeting. The Terms of Reference regarding decisions made by the Regulatory Committee and its sub committee’s were also quoted.

Members asked if they had the authority to alter the Constitution especially as the decision had been made at East Cowes with a large number of the community being in attendance.

The Strategic Director for Economic Development and Regeneration advised members that officers had sought to look at the background information and they believed it was necessary to invoke the ‘cooling off’ period. It was appropriate for the Council to use as the recommendation had been for refusal. He advised the Committee that the Constitution would be reviewed at a later date.

The Chairman indicated the report would be considered at East Cowes.

18. REPORT OF THE STRATEGIC DIRECTOR FOR ECONOMIC DEVELOPMENT AND REGENERATION

(a) Planning Applications and Related Matters

Consideration was given to items 1 - 5 of the report of the Strategic Director of Economic Development and Regeneration.

RESOLVED :

THAT the applications be determined as detailed below :

The reasons for the resolutions made in accordance with Officer recommendation were given in the Planning report. Where resolutions are made contrary to Officer recommendation the reasons for doing so are contained in the minutes.

A schedule of additional representations received after the printing of the report were submitted at the beginning of the meeting and were drawn to the attention of Members when considering the application. A note is made to that effect in the minutes.

Application:	TCP/21172/J
Details:	Residential development comprising 3 storey block of 29 flats with undercroft parking and courtyard parking; alterations to vehicular access. Site of car park Denmark Road, Cowes.
Site Visits:	None.
Public Participants:	None
Additional Representations:	None.
Comment:	This item was withdrawn by the applicant.
Decision:	None.
Conditions:	(Item 1)
Application:	TCP/20677/U
Details:	Construction of 10 holiday units with areas for aircraft parking. Land at Sandown Airport, Newport Road, Sandown.
Site Visit:	None.
Public Participants:	None.
Additional Representations:	None.
Comment:	None.
Decision:	Deferred to enable the applicant and officers to consider in more detail.
Conditions:	(Item 2)
Application:	(Cllr W R Burt declared a personal and prejudicial interest in this item and left the room). TCP/27239/A
Details:	Proposed single storey extension to provide additional living accommodation (revised scheme). Shalcombe Holding, Main Road, Shalcombe, Yarmouth.
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 17 July 2006.
Public Participants:	Mr Paul Airey (Agent)
Additional Representations:	A letter was received from the agent acting on behalf of the applicant.
Comment:	Members believed the unit should be tied into the existing dwelling and be ancillary to the main dwelling, a restriction on the whole property to someone working solely in agriculture.
Decision:	The application was approved contrary to officer. In compliance with the Council’s Constitution a named vote was taken as the decision was contrary to officer recommendation. For (9) Cllrs Henry Adams, George Cameron, Mike Cunningham, Barbara Foster, Brian Mosdell, Lady Pigot, Susan Scoccia, Arthur Taylor, Julian Whittaker. Against (2) Cllrs Ivan Bulwer, Muriel Miller.
Conditions:	Conditions to be added re : Time Limits Materials Unit to be tied in with existing dwelling and ancillary to main dwelling Restriction on whole property to someone working solely in agriculture. (Item 4)
Application:	TCP/27503/A
Details:	Conversion of barn into dwelling to include accommodation within roofspace, (revised scheme). Barn adjoining Apsewood Cottage, Apse Manor Road, Shanklin.
Site Visit:	The site had been subject of a brief inspection from the public highway by members on Monday, 17 July 2006 during their site inspections.
Public Participants:	Mr Hyder (Applicant)
Additional Representations:	None.
Comment:	None.
Decision:	The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved: Refusal of planning permission, for the reasons set out in the Part II Register.
Reasons:	As per report (Item 5)
Application:	TCP/27732/B
Details:	Demolition of chalets; 38 replacement chalets. Gurnard Pines Holiday Village, Cockleton Lane, Cowes.
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 17 July 2006.
Public Participants:	None.
Additional Representations:	A letter from Cllr John Hobart was received.
Comment:	Members believed the whole plan should be brought back to one Committee meeting.
Decision:	The application was refused contrary to officer recommendation as members believed the existing access was inadequate for use by associated construction vehicles. In compliance with the Council’s Constitution a named vote was taken as the decision was contrary to officer recommendation. For (12) Cllrs Henry Adams, Ivan Bulwer, William Burt, George Cameron Mike Cunningham, Barbara Foster, Muriel Miller, Brian Mosdell, Lady Pigot, Susan Scoccia, Arthur Taylor, Julian Whittaker.
Reasons:	(Item 3)

(b) Schedule Of Planning Appeals as at 30 June 2006

Members were updated on the schedule of appeals as at the end of June 2006. The Committee had asked how the figures related to those covering the last two years the Development Control Manager outlined the figures.

RESOLVED :

THAT the report be noted.

19. MEMBERS’ QUESTION TIME

Cllr Henry Adams asked a question in relation to 26 Bellevue Road, Ryde as he believed there had been an appeal decision on that property. He was advised that the recent fire there was being investigated.

Cllr Brian Mosdell asked what were the numbers for appeals sought as a result of member decision as opposed to those under delegated decision.

Cllr Julian Whittaker asked for an update on the Temptation application and asked if members were happy that he should sign it off under delegated decision. He was advised that the application would be brought to the 27 August 2006 Committee.

Cllr Brian Mosdell expressed concern with regard to the ‘cooling off’ procedure.

Cllr Ivan Bulwer advised the Committee that discussions had taken place with regard to member training as had queried by Cllr Muriel Miller at a previous meeting.

CHAIRMAN