Development Control Sub Committee 19 September 2006 minutes

23. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 22 August 2006 be confirmed.

24. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Cllr Ivan Bulwer - declared a personal interest in Minute 25 (b) - Transport Interchange, The Esplanade, Ryde as he knew the agent.

Cllrs Henry Adams, George Cameron, Arthur Taylor – declared a personal interest in Minute 25 (a) (2) – Solent Lawn Holiday Bungalows, Shore Road, Cowes as they knew the objector.

Cllr Lady Pigot – declared a personal interest in Minute 25 (a) (3) – Essex House, Baring Road, Cowes as she knew the applicant. She was not present during the discussion or voting thereon.

Cllrs David Whittaker, Julian Whittaker – declared a personal and prejudicial interest in Minute 25 (a)(3) – Essex House, Baring Road, Cowes as they knew the applicant. They were not present during the discussion or voting thereon.

Cllrs Ivan Bulwer, Barbara Foster, Arthur Taylor, David Whittaker, Julian Whittaker, David Williams – declared a personal interest in Minute 25 (a) (4) – southern part of Stonewood Camp, Field Lane, St Helens as they knew the applicant’s agent.

Cllrs Henry Adams, Ivan Bulwer, Barbara Foster, Arthur Taylor, Julian Whittaker, David Williams - declared a personal interest in Minute 25 (a) (10) – 118 Marlborough Road, Ryde as they knew the person speaking on behalf of the agent.

Cllr D Whittaker – declared a personal interest in Minute 25 (a) (10) – 118 Marlborough Road as he knew the person speaking on behalf of the agent and also knew the owner.

Cllrs William Burt, Lady Pigot - declared a personal interest in Minute 25 (a) (11) – Venture Quays, Castle Street, East Cowes as they knew the applicant.

Cllrs Ivan Bulwer, Arthur Taylor – declared a personal interest in Minute 25 (a) (12) – 17 Nodgham Lane, Newport as they knew the person speaking on behalf of the agent.

Cllr Barbara Foster – declared a personal interest in Minute 25 (a) (12) – 17 Nodgham Lane, Newport as the Local Member and also that she knew the person speaking on behalf of the agent.

All the planning officers present – declared a personal interest in Minute 25 (a) (12) – 17 Nodgham Lane, Newport as they knew the applicant.

Cllr Barbara Foster – declared a personal interest in Minute 25 (a) (13) – 17a Nodgham Lane, Newport as the Local Member.

Cllr M Cunningham – declared a personal interest in Minute 25 (a) (Urgent Business) – Westridge Golf Centre, Brading Road as he was a user of the facility.

Cllr William Burt – declared a personal and prejudicial interest in Minute 25 (c) (i) - Shalcombe Holdings, Main Road, Shalcombe, Yarmouth as he knew the applicant – he was not present during the discussion and voting thereon.

Cllr David Williams – declared a personal and prejudicial interest in Minute 25 (d) - Salvation Army and IWC public car park Green Street/Station Street, Ryde as he knew the applicant – he was not present during the discussion and voting thereon.

25. REPORTS OF THE STRATEGIC DIRECTOR FOR ECONOMIC DEVELOPMENT AND REGENERATION

(a) Urgent Business

The Chairman agreed to an item of urgent business relating to TCP/22221/E – Demolition of golf driving range structure, single storey extension to form replacement golf driving range, proposed floodlighting at Westridge Golf Centre, Brading Road, Ryde as a decision was required before the next meeting of the Sub Committee.

RESOLVED :

THAT consideration be given to the item of urgent business after Item 3 of Paper B1 on the agenda.

(b) Planning Applications and Related Matters

Consideration was given to items 1 - 13 of the report of the Strategic Director for 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/26116/A
Details:	Demolition of east wing (18 Upton Road) of Southfield; outline for residential development of 14 houses with parking and vehicular access. Land between Node Close and Rotary Court and north of Southfield Gardens, Ryde.
Site Visit:	None.
Public Participants:	Mr Graham Jolliffe (On behalf of applicant) Cllr V Churchman (Local Councillor)
Additional Representations:	Updated memorandum from Highway Engineer following receipt of Road Safety Audit recommending conditions regarding lorry routing, wheel wash facilities, parking and turning facilities, provision of pedestrian access and implementation of steps identified in the Road Safety Audit. A further letter from a previous objector. Letter from Southern Water confirming existing drainage arrangements involved a combined sewer. Memorandum from Tree Officer following submission of a Tree report advising conditions be imposed regarding provision of car parking spaces and a detailed Arboricultural method Statement and Tree Protection conditions during construction process. Letter of objection from a resident of Node Close.
Comment:	To apply conditions as recommended by Highway Engineer. To apply conditions in accordance with Tree Officer’s advice.
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 reports (Item 1)
Application:	TCP/04660/P
Details:	Demolition of 24 holiday chalets; proposed construction of 38 holiday apartments (revised description). Solent Lawn Holiday Bungalows, Shore Road, Cowes.
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 18 September 2006.
Public Participants:	Mr Paul Fuller (Objector) Mr Brian Salter (Gurnard Parish Council) Mr Mike Rainey (Agent) Cllr John Hobart (Local member)
Additional Representations:	Continued objection from Gurnard Parish Council to the development (as revised) Following receipt of Road Safety Audit, Highway Engineer recommended provision of a new Section of highway footway across the frontage of site. Two further letters of objection from local residents and one letter from neighbouring property. Communication from Southern Water confirming contents of the Drainage report and that they had no objections to the proposals. Memo from Tree Officer advising the tree report be adhered to and recommending conditions to require a method statement and protective fencing during construction.
Comment:	To apply condition as recommended by the Highway Engineer. To apply conditions as recommended by Tree Officer. Members believed that a register of occupants of the holiday apartments should be maintained by the Management Company and be available on request. Members were also of the opinion that improvements be made to the highway outside the front of the site.
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 reports and additional Conditions to be added re; A new highway footway Register to be maintained Improvements to highway condition (Item 2)

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

Cllr Lady Pigot declared a personal interest in this item and left the room)

Application:	TCP/18349/U
Details:	Construction of a terrace of 4 town houses with integral garages fronting Cliff Road; 3/6 storey building to provide 10 flats; vehicular access. Site of Essex House, Baring Road, Cowes.
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 18 September 2006.
Public Participants:	Mr Oliver Morgan (applicant) Cllr Alan Wells (Local Member)
Additional Representations:	Comments from the Design and Conservation Team Leader.
Comment:	None
Decision:	The application was refused contrary to officer recommendation as members believed 3/6 storey building to be out of character to neighbouring properties in Baring Road. The roof design and materials were considered to be inappropriate. 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, Mike Cunningham, Barbara Foster, Heather Humby, Susan Scoccia, Arthur Taylor, David Williams Against (0)
Conditions:	Out of context with neighbouring properties (Item 3)

(Cllr Mike Cunningham declared a personal interest in the following item as he was a user of the facility)

Application:	ITEM OF URGENT BUSINESS TCP/22221/E
Details:	Demolition of golf driving range structure, single storey extension to form replacement golf driving range, proposed floodlighting, Westridge Golf Centre, Brading Road, Ryde
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 18 September 2006.
Public Participants:	Cllr Diana Tuson (Local Member)
Additional Representations:	Comments from Nettlestone and Seaview Parish Council expressing their view that it was not unreasonable to expect full compliance of the conditions before the lights were switched on again. Three further letters from two local residents and one from Vectis Astronomical Society.
Comment:	That a balance had been sought of the issues maintaining the original justification for the imposition of the condition and the potential impact that could occur on the applicant’s business.
Decision:	The Committee had taken into consideration and agreed with the reasons for the recommendation as set out in the report and resolved: i. THAT, in anticipation of the projected completion of the project by 1 November 2006 to reconsider this item at the 21 November 2006 meeting of the Development Control Sub Committee; ii. THAT the operator be advised that in the intervening time, up until 21 November 2006, that enforcement action would not be taken with regards to the use of the lights providing the diffusers screens were in place and the lights were switched off by 20.30 hrs on Mondays to Fridays, inclusive and by 18.30 hrs on Saturdays and not used at all on Sundays.
	(Urgent Business)
Application:	TCP/05399/N
Details:	Outline for residential development; alterations to vehicular access. Southern part of Stonewood Camp, Field Lane, St. Helens.
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 18 September 2006.
Public Participants:	Mr Jenvey (Objector) Mr J Thompson (Objector) Mr Glen Hepburn (Agent)
Additional Representations:	Letter from the Local Member expressing opposition to the proposal in support of St Helens residents and suggesting the development be limited to 6 – 8 properties. Comments from the Highway Engineer on the Road Safety Audit suggesting improvements be made to the junction where Field Lane adjoins Upper Green Road.
Comment:	To apply condition suggested by the Highway Engineer.
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:	Conditions set out in the report and the following conditions to be added re: Improvements to the junction where Field Lane adjoins Upper Green Road. Replacement of hedging along northern boundary (Item 4)
Application:	TCP/27732/G
Details:	Proposed new access road off Cockleton Lane, (revised scheme) Gurnard Pines Holiday Village, Cockleton Lane, Cowes, PO31 8QE
Site Visit:	None
Public Participants:	Mr Brian Salter (Gurnard Parish Council)
Additional Representations:	None
Comment:	3 additional conditions were required by Planning Officers in respect of highways and trees. Members requested investigations take place with the applicant regarding a contribution to the rights of way network.
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 the reports and an additional condition to be added re: Applicants contribution to the rights of way network (Item 5)
Application:	TCP/27732/E
Details:	Construction of 8 Duplex apartments (revised scheme) Gurnard Pines Holiday Village, Cockleton Lane, Cowes, PO31 8QE
Site Visit:	None
Public Participants:	Mr Brian Salter (Gurnard Parish Council)
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/27732/F
Details:	Demolition of chalets, detached building to form sports hall with changing facilities, (revised scheme) Gurnard Pines Holiday Village, Cockleton Lane, Cowes, PO31 8QE
Site Visit:	None
Public Participants:	Mr B Salter (Gurnard Parish Council)
Additional Representations:	None
Comment:	Planning Officers required the addition of a condition to ensure the monitoring and implementation of the Green Travel Plan, where necessary.
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 reports (Item 7)
Application:	TCP/27732/J
Details:	Demolition of chalets; 38 replacement chalets (revised scheme) Gurnard Pines Holiday Village, Cockleton Lane, Cowes, PO31 8QE
Site Visit:	None
Public Participants:	Mr B Salter (Gurnard Parish Council)
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 8 )
Application:	TCP/27732/H
Details:	Demolition of chalets; construction of 2 storey 41 bedroom hotel (revised scheme) Gurnard Pines Holiday Village, Cockleton Lane, Cowes, PO31 8QE
Site Visit:	None
Public Participants:	Mr Brian Salter (Gurnard Parish Council)
Additional Representations:	None
Comment:	Planning Officers requested 2 additional conditions to ensure the protection of trees on site. Planning Officers also required the addition of a condition to ensure the monitoring and implementation where necessary of the Green Travel Plan
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 reports (Item 9 )
Application:	TCP/13130/B
Details:	Demolition of house; outline for 14 houses; alterations to vehicular access 118 Marlborough Road, Ryde, PO33 1AW
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 18 September 2006
Public Participants:	Mr Richard Milton (Objector) Mr Paul Golding (Objector) Mr Morris Barton (On behalf of Agent) Cllr David Knowles (Local Member)
Additional Representations:	Submission of a foul and surface water report which concluded that there would be no net increase to drainage system if surface water discharged into soakaways. Southern Water agreed to engineer’s report. Comments from applicants engineer.
Comment:	None
Decision:	Following the failure of a vote to refuse the application the Committee, having taken into consideration and agreed with the reasons for the recommendation as set out under the paragraph entitled Justification for Recommendation of the report resolved: Conditional planning permission, subject to the conditions set out in the Part II Register.
Conditions:	As per report (Item 10)
Application:	TCP/23739/C
Details:	Change of use of industrial building to museum Venture Quays, Castle Street, East Cowes
Site Visit:	None
Public Participants:	Mrs Rosemary Joy
Additional Representations:	East Cowes Town Council expressed concerns over potential parking problems and could not support the application. The Environment Agency had no objections to the proposed change of use
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 11 )
Application:	TCP/01946/J
Details:	Demolition of bungalow; 2 detached houses; vehicular access and parking 17 Nodgham Lane, Newport, PO30 1NY
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 18 September 2006
Public Participants:	Mrs E Norster (Objector) Mr M Jordan (On behalf of 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 12)
Application:	TCP/01946/H
Details:	Demolition of dwelling; detached house to include annexed accommodation at lower ground floor level 17A Nodgham Lane, Newport, PO30 1NY
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 18 September 2006
Public Participants:	Mrs E Norster (Objector) Mr Peter Ferns (Agent)
Additional Representations:	None
Comment:	Condition 15 - should relate to the construction of one property only
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 13)

(b) P/01728/05 - TCP/27277/A - Request For Amendments To Approved Scheme, Transport Interchange, The Esplanade, Ryde

Members were referred to the report of the Development Control Manager, which outlined proposed changes to the approved scheme for the transport interchange, at the Esplanade, Ryde. Attention was drawn to two minor inaccuracies in the report, as the footprint of the Concourse Pavilion had only been reduced by 20% resulting in a building that had a footprint area of 412 sq metres and not as stated.

Following the re-advertisement of the proposed amendments, as requested at the last meeting of the Development Control Sub Committee, one letter of representation had been received from Ryde Town Management Committee who had raised concerns with regard to the level of public exhibition and consultation, but did not object to the principle of the amendments. One letter of objection had also been received from a local resident.

Mr Schaff, the agent, spoke in support of the changes to the enhanced scheme, which would reduce the size of the Concourse building including its canopy and roof and its impact on the neighbouring area. The proposed amendments had been based on a cost evaluation exercise but also took account of comments previously submitted.

The Local Member expressed his support for the amended scheme, which would result in a much needed high quality scheme at one of the entry ports to the Island.

RESOLVED :

THAT the changes be noted and accepted as amendments to the approved scheme for the Transport Interchange, The Esplanade, Ryde.

(Cllr William Burt, having declared a personal and prejudicial interest left the room.)

(i) Proposed Single Storey Extension to Provide Additional Living Accommodation (Revised Scheme) Shalcombe Holdings, Main Road, Shalcombe, Yarmouth

Members were reminded that at the meeting of the Development Control Sub Committee, held on 18 July 2006, planning permission was granted, subject to conditions, for a single storey extension to provide additional living accommodation at Shalcombe Holding, Main Road, Shalcombe contrary to officer recommendation.

Following this meeting the applicant’s agent expressed concern with regard to the Committee’s resolution, in particular to the decision to impose a condition limiting the occupation of the extension to a person solely or mainly working in agriculture. At the applicant’s agent request the matter had been referred back to the Sub Committee for a review of Members’ resolution.

Members noted that officers remained of the view that the proposal was still unacceptable for the reasons set out in the original report, it was contrary to policies in the UDP and that it had not been adequately demonstrated that there was sufficient justification to approve the application, as exception to those policies. Officers considered that submission of a full agricultural appraisal was required, in accordance with the Council’s policies and the advice contained in PPS7 to enable the Authority to properly assess such a need.

RESOLVED :

THAT permission be refused for the extension on grounds set out in the original report.

(ii) Enforcement of Condition of Planning Permission Preventing Work to Trees Without the Prior Consent of the Local Planning Authority

The report of the Development Control Manager was received advising Members of the intention to adopt new procedures contained in Circular 11/95, in respect of Enforcement of conditions of planning permission.

The new Guidance indicated that the protection of trees by way of conditions should only be used as a temporary measure and, in the long term, protection should be secured by Tree Preservation Orders.

The adoption of the new procedure presented an opportunity to review working practices, responsibilities and staffing levels within the Tree Team and make a potential efficiency saving.

Officers recommended the practice of enforcing only three conditions, which were imposed on consents granted within a period of six years prior to the date on which any application to carry out work to trees was received, should be adopted.

RESOLVED :

THAT the new practice be adopted and the advice contained within the report be noted.

(iii) Planning Enforcement Quarterly Report

The Planning Enforcement, Quarterly report updated the statistical information considered at the June meeting of the Sub Committee and included figures for the second calendar quarter of 2006. It was noted that following the recent restructuring within the Development Control Team it was intended to continue reporting the figures on an Island-wide basis.

Details of staffing within the planning enforcement service and the overall implications on the service of staff re-deployment were noted.

RESOLVED:

THAT the report be noted.

(d) P/01634/06 – TCP/13981/E - Salvation Army and Isle of Wight Council Public Car Park Green Street, Station Street, Ryde

Members were informed that since the last meeting of the Development Control Sub Committee, when the application for the demolition of the Salvation Army Hall and development of a direct access Hostel for the Homeless and new Public Car Park was refused for reasons relating to over dominance and drainage, comments had now been received from Southern Water indicating that they do not object to the scheme. If the scheme was to be granted they requested that a condition be placed on the application requiring surface water to be removed from the combined system to release adequate capacity for the foul drainage generated from the proposal.

Members noted that the application was now subsequently refused for reasons relating to over-dominance only.

RESOLVED :

THAT the report be noted.

27. MEMBERS' QUESTION TIME

Cllr David Whittaker asked for an update on funding received from 106 agreements. He was advised that a schedule was being compiled a report would be presented to a future meeting of the Sub Committee.

Cllr David Whittaker asked whether, in the event of officers not all agreeing to a recommendation of a particular issue, the recommendation be left open. He was advised that officers should in all cases make clear recommendations, in accordance with instructions from the Secretary of State.

CHAIRMAN