MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL SUB COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 19 DECEMBER 2006 COMMENCING AT 4.00 PM

 

Present :

 

Cllrs Ivan Bulwer (Chairman), Henry Adams, William Burt, George Cameron, Mike Cunningham, Muriel Miller, Brian Mosdell, Lady Pigot, Susan Scoccia, Arthur Taylor, David Whittaker, Julian Whittaker

 

Apologies :   

 

            Charles Chapman, Barbara Foster

 

Also Present (non-voting):

 

Cllrs Wendy Arnold, David Pugh

 


 


44.             MINUTES

 

RESOLVED :

 

THAT subject to the replacement of the word ‘she’ by the word ‘they’ in the first paragraph of Minute 40, the Minutes of the meeting held on 21 November 2006 be confirmed.

 

45.             DECLARATIONS OF INTEREST

 

Interests were declared in the following matters:

 

Cllr Arthur Taylor – declared a personal interest in Minute 46 (a) 1 – Site of former Scrap Yard, High Street, Oakfield - as he was a personal friend of the objector.

 

Cllrs Henry Adams and Ivan Bulwer declared personal interests in Minute 46 (a) 1 – Site of former Scrap Yard, High Street, Oakfield – as they knew the applicant.

 

Cllr Susan Scoccia – declared a personal and prejudicial interest in Minute 46 (a) 1 – Site of former Scrap Yard, High Street, Oakfield - as she was a member of the South Wight Housing Association Board – she was not present during the discussion and voting thereon.

 

Cllrs Henry Adams, Ivan Bulwer, Muriel Miller, Arthur Taylor and David Whittaker - declared a personal interest in Minute 46 (a) 4 and 5 – Friends' Meeting House and Trafalgar Car Sales, Crocker Street, Newport – as they knew the person speaking on behalf of the agent.

 

Cllr Julian Whittaker - declared a personal and prejudicial interest in Minute 46 (a) 4 and 5 – Friends' Meeting House and Trafalgar Car Sales, Crocker Street, Newport -as he had business interests – he was not present during the discussion and voting thereon.

 

Cllrs Ivan Bulwer, Muriel Miller, Susan Scoccia and Arthur Taylor – declared a personal interest in Minute 46 (a) 6 - Parklands Holiday Apartments, 9 Winchester Park Road, Sandown – as they knew the person speaking on behalf of Sandown Town Council.

 

Cllrs Muriel Miller, Susan Scoccia and Arthur Taylor – declared a personal interest in Minute 46 (a) 8 - 16 Grafton Street, Sandown – as they knew the person speaking on behalf of Sandown Town Council.

 

Cllrs Henry Adams, Ivan Bulwer, Muriel Miller, Arthur Taylor and David Whittaker - declared a personal interest in Minute 46 (a) 10 – Site of 23 High Street, Bembridge – as they knew the person speaking on behalf of the agent.

 

Cllrs Henry Adams, Ivan Bulwer, George Cameron, Muriel Miller, Arthur Taylor and David Whittaker - declared a personal interest in Minute 46 (a) 11 – Alverstone House, 32 Luccombe Road, Shanklin – as they knew the agent.

 

Cllr David Whittaker – declared a personal and prejudicial interest in Minute 46 (a) 11 – Alverstone House, 32 Luccombe Road, Shanklin - as he had been approached and lobbied by a neighbour – he was not present during the discussion and voting thereon.

 

Cllrs Henry Adams, Ivan Bulwer, George Cameron, Muriel Miller, Arthur Taylor and David Whittaker - declared a personal interest in Minute 46 (a) 12 – Highfield House Residential Home, 4 Highfield Road, Shanklin - as they knew the person speaking on behalf of the objectors.

 

Cllr Wendy Arnold - declared a personal interest in Minute 46 (a) 13 - Jolliffes Farm, Nettlecombe Lane, Whitwell - as she was a member of Chale, Niton & Whitwell Parish Council.

 

Cllr Muriel Miller – declared a personal interest in Minute 46 (a) 13 – Jolliffes Farm, Nettlecombe Lane, Whitwell – as she knew the person speaking on behalf of the applicant.

 

Cllr Wendy Arnold - declared a personal interest in Minute 46 (a) 14 and 15 - Site of Niton Garage and Ivy Cottage, Newport Road, Niton - as she was a member of Chale, Niton & Whitwell Parish Council.

 

46.             REPORT OF THE DIRECTOR FOR REGENERATION AND DEVELOPMENT

 

(a)               Planning Applications and Related Matters

 

Consideration was given to items 1 - 16 of the report of the Director for Regeneration and Development.

 

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.

 

(Cllr Susan Scoccia declared a personal and prejudicial interest in this item and left the room).

 

Application:

TCP/10505/L

 

Details:

Construction of 30 houses and 119 flats, access off High Street, Oakfield, associated landscaping and parking areas.

 

Site of former Scrap Yard, High Street, Oakfield.

 

Site Visits:

The site was visited by Members of the Development Control Sub Committee on Monday, 18 December 2006.

 

Public Participants:

Mr Roy Millburn (Objector)

 

Mr Andrew Hulmes (Applicant)

 

Additional Representations:

Highway Engineer had recommended additional conditions to be attached: J01, J31, J03, K01

 

Comment:

Members were advised that following consultation with Building Control and review of the Isle of Wight Geological Survey map it seemed reasonable that the site was capable of accommodating soakaways subject to appropriate investigation treated through planning conditions.  Acceptance of soakaways would be discharged through the Council’s Geotechnic Engineer, the Environment Agency and Local Planning Authority.

 

Southern Housing Group had raised concern over contributions for education which amounted to £242,385.  On calculation for grant funding Southern Housing Group had not anticipated such a contribution and had not included this within calculations to bid to the Housing Corporation and the Isle of Wight Council.  Due to site constraints land had cost £2.5 million to date with expected works costing a total of £16.97 million.  This had obvious implications with regard to contributions to education payments and at present was deemed to be unacceptable. Negotiations were taking place with regard to the education contribution of S106 Agreement and would be bought back to the Committee if unsatisfactory. 

 

The Local member, Cllr J Bowker, was unable to attend the meeting.

 

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:

 

Conditional Planning Permission, subject to the conditions set out in the Part II Register.

 

Conditions:

As per report together with those set out in the additional representations regarding Highway Conditions J01, J31, J03 and K01.

 

Additional conditions regarding the provision of a community estate manager, facilities for residents, controlled access to Meaders Road and for the education contribution of the S106 Agreement to be in place prior to commencement. 

 

(Item 1)

 

Cllr Julian Whittaker declared a personal and prejudicial interest in this item and left the room).

 

Application:

TCP/04990/J and CAC/04990/K

 

Details:

Demolition of garage; conversion of former Friends' Meeting House and single storey extension to form 2 flats; construction of 2/3 storey block of 22 flats; detached building to form bin store/bicycle store

and

Conservation Area Consent for demolition of garage in connection with conversion of former Friends' Meeting House and single storey extension to form 2 flats; construction of 2/3 storey block of 22 flats; detached building to form bin store/bicycle store.

 

Friends' Meeting House and Trafalgar Car Sales, Crocker Street, Newport.

 

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 18 December 2006.

 

Public Participants:

Mr Paul Airey (On behalf of the agent)

Additional Representations:

A letter of representation received raising concerns in respect of damage to drainage systems and access to manhole covers.  

 

Additional issues raised with regard to rain water and flooding.

 

Comment:

If the drains were public Southern Water would require access to be maintained and this would be insured as part of the connection agreement.

 

There was some discussion regarding the design and appearance of the building.

Decision:

The application was refused contrary to officer recommendation, as members believed there was a lack of justification for development on that scale without the provision of car parking on the site.

 

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, William Burt, George Cameron, Muriel   Miller, Brian Mosdell, Susan Scoccia, Arthur Taylor, David Whittaker

 

Against (2)

 

Cllrs Ivan Bulwer, Mike Cunningham

 

Reasons:

D2 (Standards for Development within the Site)

 

(Items 4 and 5)

 

Application:

TCP/02329/G

 

Details:

Demolition of building; construction of three storey block of 13 flats with roof terraces; parking and alterations to vehicular access.

 

Parklands Holiday Apartments, 9 Winchester Park Road, Sandown.

 

Site Visit:

None.

 

Public Participants:

Mr Hudson (Objector)

 

Mr Jeff Caplan (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:

 

Conditional Planning Permission, subject to the conditions set out in the Part II Register.

 

Conditions:

As per report (Item 6)

 

Application:

TCP/16748/G

 

Details:

Continued use of property as hostel for vulnerable persons.

 

16 Grafton Street, Sandown.

 

Site Visit:

The site had been subject of a brief inspection from the public highway by members on Monday, 18 December 2006 during their site inspections.

 

Public Participants:

Dr Moustafa Sallam (Applicant)

 

Additional Representations:

Letter received from agent requesting application be deferred to enable further discussions regarding the possibility of applying for Lawful Development Certificate.

 

Comment:

Application generated by an enforcement investigation following the view that a material change of use had taken place and therefore considered to be a breach of planning control and under those circumstances Members  were not inclined to defer the matter.

 

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.

 

That an Enforcement Notice be served requiring the cessation of the use of the premises as a hostel allowing a compliance period of six months.  If the timescale deviated significantly the matter applicationto be referred back to the Committee.

 

Reasons:

As per report (Item 8)

 

Application:

TCP/13180/P

 

Details:

Continued use of property as hostel for vulnerable persons.

 

Brencliffe, 2 Park Road, Shanklin.

 

Site Visit:

The site had been subject of a brief inspection from the public highway by members on Monday, 18 December 2006 during their site inspections.

 

Public Participants:

Dr Moustafa Sallam (Applicant)

 

Additional Representations:

Letter received from agent requesting application be deferred to enable further discussions regarding the possibility of applying for Lawful Development Certificate.

 

Comment:

The adjoining member, Cllr David Pugh, spoke on this item.

 

Application generated by an enforcement investigation following the view that a material change of use had taken place and therefore considered to be a breach of planning control and under those circumstances Members were not inclined to defer the matter .

.

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.

 

That an Enforcement Notice be served requiring the cessation of the use of the premises as a hostel allowing a compliance period of six months.  If the timescale deviated significantly the matterapplication to be referred back to the Committee.

 

Reasons:

As per report (Item 9)

 

Application:

TCP/28004 and CAC/28004/A

 

Details:

Demolition of petrol station and showroom; construction of 2 storey block of 14 flats to include accommodation in roofspace; alterations to vehicular access

and

 

Conservation area consent for demolition of petrol station and showroom in connection with construction of 2 storey block of 14 flats to include accommodation in roofspace; alterations to vehicular access.

 

Wight Motors Ltd, Garfield Road, Ryde.

 

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 18 December 2006.

 

Public Participants:

None.

Additional Representations:

An additional Travel Plan submitted by the applicant’s agent.

Comment:

The Local Member, Cllr A Taylor, spoke on this item.

 

Decision:

The application was refused contrary to officer recommendation, as members believed this was a piecemeal development likely to prejudice the development of the neighbouring site and proper planning of the area.

 

In compliance with the Council’s Constitution a named vote was taken as the decision was contrary to officer recommendation.

 

For (11)

 

Cllrs Henry Adams, Ivan Bulwer, William Burt, George Cameron, Mike Cunningham, Muriel Miller, Brian Mosdell, Lady Pigot, Susan Scoccia, David Whittaker, Julian Whittaker

 

Against (0)

 

Reasons:

D2 (Standards for Development within the Site)

 

As per report (Items 2 and 3)

 

Application:

TCP/25181/C

 

Details:

Partial demolition of store; proposed terrace of 6 houses (revised scheme) (revised plans) (re-advertised application).

 

Site of 23 High Street, Bembridge.

 

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 18 December 2006.

 

Public Participants:

Mr Paul Airey (On behalf of the agent)

Additional Representations:

None

Comment:

The Local Member, Cllr Lady Pigot, spoke on this item.

 

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:

 

Conditional Planning Permission, subject to the conditions set out in the Part II Register.

 

Conditions:

As per report (Item 10)

 


(Cllr David Whittaker declared a personal and prejudicial interest in this item and left the room).

Application:

TCP/11878/F

 

Details:

Removal of condition no. 1 on TCP/11878/E which states that the use shall be discontinued on or before 31 July 2007.

 

Alverstone House, 32 Luccombe Road, Shanklin.

 

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 13 June 2005.

 

Public Participants:

Mr Batey (Objector)

 

Mr Glen Hepburn (Agent)

 

Additional Representations:

Third Part objection indicating that the Priory School was attributable to localised flooding and insufficient pipe capacity to cope with sewage.

 

Council’s School Travel Plan Advisor agreed with Highway Engineer’s comments.

 

Cllr Heather Humby had commented that, since April 2005, many of the envisaged problems had not arisen. The extra traffic generated had been caused by vehicles servicing the nearby development of flats and not by the school.  There was little noise from the site and that Priory School was an asset to Shanklin and the Sandown Bay area.  Cllr Humby had not commented at the last application as her great nephew was a pupil at the school.

 

Comment:

The adjoining member, Cllr David Pugh, spoke on this item.  Cllr Pugh declared a personal interest as the applicant was known to his wider family.  However, he was not known to him personally.

 

The Committee noted that the temporary consent had been granted at the meeting, on 1 November 2005, when the school were encouraged to look for a more suitable location. This temporary consent permitted continued use to 31 July 2007. The current application now sought permanent consent.

 

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 11)

 

Application:

TCP/01500/C

 

Details:

Alterations and 2 storey extension to form additional bedrooms and associated facilities to include accommodation in roofspace; alterations to vehicular access, (revised scheme).

 

Highfield House Residential Home, 4 Highfield Road, Shanklin.

 

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 18 December 2006.

 

Public Participants:

Mr Glen Hepburn (On behalf of the objectors)

 

Mrs Maggie Bennett (Applicant)

 

Additional Representations:

None

Comment:

The adjoining member, Cllr David Pugh, spoke on this item.

 

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:

 

Conditional Planning Permission, subject to the conditions set out in the Part II Register.

 

Conditions:

As per report (Item 12)

 

Application:

TCP/14543/E

 

Details:

Alterations; 2 storey extension to farmhouse to provide additional living accommodation, (revised scheme).

 

Jolliffes Farm, Nettlecombe Lane, Whitwell.

 

Site Visit:

None.

 

Public Participants:

Mr John Stotesbury (On behalf of Niton and Whitwell Parish Council).

 

Mr Paul Airey (On behalf of the Applicant)

 

Additional Representations:

None

Comment:

The local member, Cllr Wendy Arnold, spoke on this item.

 

 

Decision:

The application was approved contrary to officer recommendation, as members did not consider that the proposal detracted significantly from the appearance of the dwelling and character of the area and did not conflict with Planning Policies –

 

D1 (Standards of Design)

D2 (Standards for Development within the Site)

G4 (General Locational Criteria of Development)

H7 (Extension and Alteration of Existing Properties)

 

In compliance with the Council’s Constitution a named vote was taken as the decision was contrary to officer recommendation.

 

For (10)

 

Cllrs Henry Adams, Ivan Bulwer, William Burt, George Cameron, Brian Mosdell, Lady Pigot, Susan Scoccia, Arthur Taylor, David Whittaker, Julian Whittaker

 

Against (1)

 

Cllr Muriel Miller

 

Abstention (1)

 

Cllr M Cunningham

 

Conditions:

D1 (Standards of Design)

D2 (Standards for Development within the Site)

G4 (General Locational Criteria of Development)

H7 (Extension and Alteration of Existing Properties)

 

(Item 13)

 

Application:

TCP/06487/S and TCP/06487/T

 

Details:

Variation of Condition no. 15 on TCP/06487/M relating to visibility splays

and

 

Variation of condition no. 20 on TCP/06487/M relating to pedestrian link between the application site and the junction with Church Street/Rectory Road.

 

Site of Niton Garage and Ivy Cottage, Newport Road, Niton.

 

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 18 December 2006.

 

Public Participants:

Mrs Molly Attrill (Objector)

Mr John Stotesbury (On behalf of Niton and Whitwell Parish Council).

 

Additional Representations:

None

Comment:

The local member, Cllr Wendy Arnold, spoke on this item.

 

Members expressed a desire that Highways were involved in calculating the financial contribution and that the Parish Council consulted on where the traffic safety measures implemented.

 

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:

 

That Condition 15 on TCP/06487/M be varied as set out below :

 

Visibility splays of x = 2.4 metres and y = 70 m (to the south) / 41 m (to the north) shall be constructed within 2 months of the date of this decision notice and shall be maintained hereafter.

 

Reason:  In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

 

THAT Condition 20 on TCP/06487/M be varied at set out below, but that the applicant be required to enter into a legal agreement to provide the Council with  an equivalent amount of money to that which would have been spent on the ghost footpath and which would now  be spent on traffic safety measures  in the vicinity of the site:

 

Within 3 months of the date of this decision notice a planning obligation pursuant to S106 of the Town and Country Planning Act 1990, shall be made and lodged with the Local Planning Authority.  The Local Planning Authority shall agree in writing that the planning obligation is acceptable.  The said planning obligation will secure a financial contribution from the applicant to the isle of Wight Council which shall be used to improve road safety in the vicinity of the application site.

 

Reason:  In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

varied as set out below :Visibility splays of x = 2.4 metres and y = 70 m (to the south) / 41 m (to the north) shall be constructed within 2 months of the date of this decision notice and shall be maintained hereafter.

 

Reason:  In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

 

Conditions:

As per report (Items 14 and 15)

 

Application:

TCP/18349/V

 

Details:

Construction of a terrace of 4 town houses fronting Cliff Road; 3/6 storey building to provide 10 flats; vehicular access and parking, (revised scheme).

 

Site of Essex House, Baring Road, Cowes.

 

Site Visit:

None.

 

Public Participants:

None.

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:

 

Conditional Planning Permission, subject to the conditions set out in the Part II Register.

 

Conditions:

As per report (Item 7)

 

Application:

TCP/27695/A

 

Details:

Chalet bungalow with access off Coach Lane and parking/turning area, (revised scheme).

 

Land rear of 10 Broadstone Crescent, Brading.

 

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 18 December 2006.

 

Public Participants:

None.

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:

 

Conditional Planning Permission, subject to the conditions set out in the Part II Register.

 

Conditions:

As per report (Item 16)

 

 


(b)               Completed and Outstanding Section 106 Obligations Update

 

Members received the report of the Development Team Manager advising of the current situation in respect of Section 106 obligations to the year ending November 2006, which also outlined proposals for the improvement of the 106 and planning gain process.

 

RESOLVED :

 

(i)                 THAT the proposals be endorsed.

 

(ii)               THAT the report be noted.

 

47.             MEMBERS' QUESTION TIME

 

 Cllr Julian Whittaker asked a question in relation to the new pedestrian crossing, situated in the proximity of the bus station, as to whether they could be synchronised with the nearby traffic lights.  He was advised that a written response would be provided following discussion with the traffic and transport engineer.

 

 

 

CHAIRMAN