MINUTES OF A MEETING OF THE DEVELOPMENT CONTROL SUB COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 20 DECEMBER 2005 COMMENCING AT 4.00 PM

 

Present :

 

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

 

Apologies :   

 

Charles Chapman, Barbara Foster,

 

Also Present (non-voting):

 

Cllrs John Effemey, Charlie Hancock, Ian Stephens, Ian Ward, Alan Wells

 


 


34.             MINUTES

 

RESOLVED :

 

THAT the Minutes of the meeting held on 29 November 2005 be confirmed, subject to the following changes to Minute 30 Declarations of Interest :

 

The addition of Cllr Brian Mosdell declaring a personal and prejudicial interest in Minute 32 (b) 1 – Land between Weeks Road and Ashey Road, Ryde as he had previous business interests – he was not present during the discussion and voting thereon.

 

Cllr Mike Cunningham declared a personal interest in Minute 32 (a) – Westridge Golf Centre, Brading Road, Ryde not Minute 32 (b) 2 – Transport Interchange, Ryde as stated in the minutes.

 

That the Minutes reflect that the Vice Chairman was in the Chair for the start of the meeting due to the late arrival of the Chairman.

 

That it be noted that Cllr Muriel Miller was not in the room when the vote on Minute 32 (b) 1 – Land at Weeks Road and Ashey Road, Ryde was taken.

 

35.             DECLARATIONS OF INTEREST

 

Interests were declared in the following matters:

 

Cllr Muriel Miller declared a personal interest in Minute 36 (1) – Land bounded by Kingston Farm Lane/Cadets Walk/Beatrice Avenue, East Cowes power station/agricultural land/south of East Cowes Vics football ground including land off Whippingham Road, East Cowes as she was a governor of Osborne Middle School.


Cllr Muriel Miller and Cllr Arthur Taylor declared a personal interest in Minute 36 (1) - Land bounded by Kingston Farm Lane/Cadets Walk/Beatrice Avenue, East Cowes power station/agricultural land/south of East Cowes Vics football ground including land off Whippingham Road, East Cowes as they knew the person speaking on behalf of the applicant’s agent.

 

Cllr Henry Adams declared a personal interest in Minute 36 (2) - Tesco Stores Ltd, Brading Road, Ryde as he was a local businessman.

 

Mr A Pegram declared a personal and prejudicial interest in Minute 36 (2) - Tesco Stores Ltd, Brading Road, Ryde as his wife was employed by Tesco’s - he was not present during the discussion and voting thereon.

 

Cllr Muriel Miller and Cllr Arthur Taylor declared a personal interest in Minute 36 (3) – Land south of The Chandlers, west of Seaview Road off Three Gates Road, Cowes as they knew the person speaking on behalf of the applicant.

 

Cllr Lady Pigot declared a personal interest in Minute 36 (4) – Haven Holidays, Nodes Point Holiday Park, Nodes Road, St Helens as was a member of Bembridge Sailing Club, Bembridge and St Helens Harbour Association and the Solent Protection Society.

 

Mr A Pegram, Development Control Manager declared a personal interest in Minute 36 (6) – Ryde County High School, Pell Lane, Ryde as he was a local resident.

 

Cllr Muriel Miller and Cllr Arthur Taylor declared a personal interest in Minute 36 (7) – Land between 29 and 33 Clatterford Road, Newport as they knew the person speaking on behalf of the applicant’s agent.

 

Cllr Arthur Taylor declared a personal interest in Minute 36 (8) – Land adjacent 1 Brookfield Gardens, Ryde as knew the objector.

 

36.             REPORT OF THE HEAD OF PLANNING SERVICES

 

Planning Applications and Related Matters

 

Consideration was given to items 1 - 13 of the report of the Head of Planning Services.

 

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/18291/C

 

Details:

Outline consent for 9.9 hectares of residential development; 9.9 hectares of employment development; managed woodland; nature conservation areas; proposed access road junction with Whippingham Road and Beatrice Avenue; network of public footpaths/cycleways; public transport link only to Kingston Road

 

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 including land off, Whippingham Road, East Cowes

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 19 December 2005

Public Participants:

None.

Additional Representations:

SEEDA asked to be formally consulted on the application.

Comment:

A letter was received from King Sturge, agents acting on behalf of SEEDA.

Decision:

That the application be deferred to allow SEEDA to be formally consulted.

 

The application be deferred and brought back to the 24 January 2006 meeting to include public speaking.

Conditions:

(Item 1)

 

 

 

 

Application:

(Mr A Pegram, Development Control Manager, declared a personal and prejudicial interest in this item and left the room).

 

TCP/23899/D

 

Details:

Demolition of supermarket and petrol station; construction of supermarket and petrol station; alterations to vehicular access, access road and parking areas

 

Tesco Stores Ltd, Brading Road, Ryde

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 19 December 2005

Public Participants:

Mr D Vincent (Objector)

Mr Gordon (Objector)

 

Mr Arnold (Agent)

 

Additional Representations:

The Environment Agency proposed a number of conditions.

 

King Sturge, acting on behalf of SEEDA raised concerns.

Comment:

During the course of the debate on this item the Committee excluded the public and press under Section 100(A)(4) of the Local Government Act 1972, on the grounds that there was likely to be disclosure of exempt information as defined in paragraph 9 of Part 1 of Schedule 12A of the Act.

 

The public and press were re-admitted once these details had been dealt with.

Decision:

Defer for negotiations on the entrance and exit of the petrol station and negotiations on additional monies for environmental issues.

Conditions:

As per report (Item 2)

 

 

 

 

 

Application:

 

(During the debate Cllr Brian Mosdell declared a personal interest as he knew the applicant)

 

TCP/27077

 

Details:

Construction of one industrial unit for purposes of storage and machining of formed metal and 19 starter industrial units (use classes B1 and B8) with parking, landscaping formation of vehicular access (revised description)

 

Land south of The Chandlers, west of Seaview Road off, Three Gates Road, Cowes

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 19 December 2005

Public Participants:

Mr Wisdom (Objector)

 

Mr G Hepburn (On behalf of  the applicant)

 

Mr Rapley (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 3)

 

Condition 11 should read ….. ‘Noise Impact Assessment prepared’ .. not compared.

Application:

TCP/01848/T

Details:

Demolition of building and outbuildings; residential development of eight flats in two 2 storey blocks and two pairs of semi-detached houses; alterations to vehicular access and parking

 

Cowes Health Centre, 8 Consort Road, Cowes

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 19 December 2005

Public Participants:

Miss Titcombe (Objector)

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:

 

To grant conditional permission to the application subject to conditions which include a condition requiring a Section 106 Agreement to be entered into prior to work commencing.

Conditions:

As per report (Item 5)

 

 

 

Application:

(Mr A Pegram, Development Control Manager, declared a personal interest in this item and left the room).

 

TCP/19064/W

Details:

Floodlit multi-use games area and extension to provide additional changing rooms.

Ryde County High School, Pell Lane, Ryde

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 19 December 2005.

Public Participants:

Mr Dyer (Objector)

Mr Jolliffe (Objector)

Mr Harris (Objector)

Additional Representations:

Comments from Sport England were received.

 

Ryde Lawn Tennis and Croquet Club had written confirming the application did not involve any land belonging to the Club.

 

Objections were received from Pell Lane Users Group.

 

Highway Engineer recommended conditions.

 

Four letters of objection were received from local residents.

Comment:

The local member, Cllr Ian Stephens, spoke on this item.

Decision:

Defer for further negotiations regarding parking, lighting, noise impacts and drainage.  It was also suggested that the opportunity be taken to investigate the possible re-siting of the facility.  To be brought back to Committee at the prompting of the local member.

Conditions:

As per report (Item 6)

Application:

TCP/26969/A

Details:

Detached house with garage and vehicular access (revised scheme)

 

land adjacent, 1 Brookfield Gardens, Ryde

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 19 December 2005

Public Participants:

Mr M Nunn (Objector)

 

Mr M Gosling (Agent)

Additional Representations:

Two additional letters of representation were received.

Comment:

None.

Decision:

The application was refused contrary to officer recommendation as members believed the proposed development would appear cramped and intrusive.

 

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

 

The voting was as follows :

 

For (10) Cllrs Henry Adams, Ivan Bulwer, William Burt, George Cameron, Mike Cunningham, Muriel Miller, Brian Mosdell, Lady Pigot, Susan Scoccia, David Whittaker

 

Against (1) Cllr Julian Whittaker

 

Cllr Arthur Taylor was the local member and did not vote.

Reasons:

As per report (Item 8)

 

The development of the site as proposed would be contrary to the original concept of the estate layout and would appear cramped and intrusive, detracting from the pleasant open character appearance of the area, and such development would therefore be contrary to Policies S6 (Standards of Design), G4 (General Locational Criteria), D1 (Standards of Design) and H5 (Infill Development) of the Isle of Wight Unitary Development Plan.

Application:

TCP/26191/D

 

Details:

Demolition of garden room; detached building to form annexed accommodation to no. 20 Castle Road (revised scheme)

 

Land rear of, 18-20 Castle Road, Cowes

Site Visit:

None

 

Public Participants:

Mr Hollis (Objector)

 

Mr D Morris (Agent)

Additional Representations:

None.

Comment:

The local member, Cllr Alan Wells, spoke on this item.

Decision:

The application was refused contrary to officer recommendation as members believed the proposed development was over development of the site with a lack of amenity space.

 

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

 

The voting was as follows :

 

For(12) Cllrs Henry Adams, Ivan Bulwer, William Burt, George Cameron, Mike Cunningham, Muriel Miller, Brian Mosdell, Lady Pigot, Susan Scoccia, Arthur Taylor, David Whittaker, Julian Whittaker

Reasons:

(Item 9)

Application:

TCP/21214/U

Details:

Siting of 27 static caravans

 

Haven Holidays, Nodes Point Holiday Park, Nodes Road, St. Helens

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 19 December 2005

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:

 

Refusal of planning permission, for the reasons set out in the Part II Register.

Reasons:

As per report (Item 4)

Application:

TCP/08556/P

Details:

Pair of detached houses with parking

 

land between, 29 and 33, Clatterford Road, Newport

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)

 

 

37.             EXCLUSION OF PUBLIC AND PRESS

 

RESOLVED :

 

THAT under Section q00(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business, namely Minute 38, on the grounds that there was likely to be disclosure of exempt information as defined in Paragraph 12 of Part 1 of Schedule 12A of the Act.

 

38.             REQUIREMENT FOR A SECTION 106 AGREEMENT TO SECURE THE KEEPING OF A REGISTER OF HOLIDAY OCCUPIERS

 

 

Members considered the report of the Head of Planning Services in respect of the requirement for owners of holiday accommodation to enter into a Section 106 Agreement to keep a register of holiday makers.

 

The Committee were reminded that occupancy of holiday accommodation should not exceed 6 weeks in any one year, it should not be used for a permanent or main residence.  A number of applicants were unwilling or refusing to enter into a Legal Agreement ‘to keep and maintain an up to date register detailing the usage of each unit to include names and addresses of the principal member of a party only and dates of their occupation and such a register shall, subject to being lawfully available to do so be available for inspection by the Council on 48 hours prior notice at the reception within the site or at such other location within the Isle of Wight as the owners may notify and, subject to being lawfully able to do, so to make available to the Council for the purposes of the Council investigating a breach of planning control at the Council’s cost copies of any part or parts of the said register if requested to do so by the Council.’

 

It was suggested that the Legal Agreement no longer be used but replace it with a standard condition.  There was some discussion as to the best way of controlling the holiday use and officers believed a condition was the best way forward.

 

RESOLVED :

 

(i)                 THAT officers be instructed to reassess each of the currently outstanding applications with a view to changing the requirement from the need for a Section 106 Agreement and to control occupancy of holiday accommodation solely by condition of any planning permission.

 

(ii)               THAT this would most likely lead to more applications to modify an extant Section 106 Agreement where one had already been entered into be noted.

 

 

The meeting then adjourned and reconvened at County Hall, Newport, Isle of Wight on Wednesday, 21 December 2005 commencing at 4.00 pm when there were present :

 

Present :

 

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

Apologies :   

 

Julian Whittaker

 

Also Present (non-voting):

 

Cllrs Wendy Arnold, Jonathan Fitzgerald-Bond, Roger Mazillius

 


 

39.             DECLARATIONS OF INTEREST

 

Cllr Mike Cunningham declared a personal interest in Minute 41 (11) - 1, 1A, 1B, 2 and 4 Pyle Street, 12 and 14 East Street, The Publican Public House and 71, South Street, Auto Windscreens, 52 South Street, Newport as he knows one of the objectors.

 

Cllr Muriel Miller declared a personal interest in Minute 41 (12) – Kingsview (former Rex Cinema site) 23 Church Street, Ventnor as she had received e-mails from the objector, but had made no comment regarding the recommendation.

 

Cllr Brian Mosdell declared a personal and prejudicial interest in Minute 41 (C1) – Land between Weeks Road and Ashey Road, Ryde as he had previous business interests - he was not present during the discussion and voting thereon.

Cllr Ian Stephens declared a personal interest in Minute 36 (6) – Ryde County High School, Pell Lane, Ryde as he was a Governor of the school and had omitted to declare the interest at the meeting held on the previous day.

 

40.             REPORT OF THE HEAD OF PLANNING SERVICES

 

 

 

 

 

Application:

(Cllr Brian Mosdell declared a personal and prejudicial interest in this item and left the room)

 

TCP/05746/N

 

Details:

Outline for Residential Development Part OS Parcels 1238, 0135 and 9052.

 

Land between Weeks Road and Ashey Road, Ryde

Site Visit:

None.

Public Participants:

None.

Additional Representations:

Further letters from four residents had been received.

Comment:

The member from the adjoining ward, Cllr Vanessa Churchman, spoke on this item.

 

The Planning Officers additional comment was that the applicants had confirmed that if Members upheld their decision to refuse the outline planning permission, then they would have no option but to appeal with any such appeal being considered by way of a form of public enquiry including leading Counsel representation.  They also confirmed that an application for costs would also be made against the Planning Authority

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:

 

The application be deferred for further negotiation in respect of access arrangements to the site.

Conditions:

(Paper C1)

 

 

 

Application:

 

 

 

TCP/13615/L

Details:

Variation of condition no. 3 on TCP/13615/F relating to the southern boundary wall

 

Kingsview, (former Rex Cinema site) 23, Church Street, Ventnor

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 19 December 2005.  It had also previously been visited on 28 November 2005.

Public Participants:

Ms B Cummings (Objector)

 

Mr T Burstow (Agent)

Additional Representations:

Ventnor Town Council content to leave consideration to the Planning Committee.

 

Representations received from two property owners one of which was the occupant of the neighbouring property.

 

Letter and attachments from the adjoining property owner.

 

Two letters with attachments from the developer.

 

The comments of the Building Control Manager relating to additional engineers report/views as contained in both sets of attachments were reported.

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:

 

(a)       Members noted that the height of the driveway had not changed fundamentally from the level shown on the amended plans agreed inn 2003.

 

(b)       Members noted the situation relating to the error in the representation of the height of the boundary wall as depicted on the amended plans agreed April 2003 but no further action be taken on that specific point.

 

(c)        The Council continued to express a view that it had fulfilled its responsibilities on the issue of considering ground stability as set out in Planning Policy Guidance Note 14 and re-emphasised to the neighbour that if they wished to challenge the developers information relating to that point they must do so outside the planning process.

 

Conditional planning permission, subject to the conditions set out in the Part II Register.

 

Officers were instructed to resolve the final height and finishing point of the boundary screen at the eastern end where it runs around the double S bend in the wall before issuing the Decision Notice

Conditions:

As per report (Item 12)

Application:

TCP/22282/D

Details:

Detached house with detached garage; formation of vehicular access (revised scheme)

 

Land rear of The Dolphins, Augusta Road, Ryde

Site Visit:

None.

Public Participants:

Ms S Prax (Objector)

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.

Condition to be added re drainage.

Conditions:

As per report (Item 13)

Application:

TCP/24809/C and  TCP/24809/D

Details:

Demolition of existing buildings; construction of 3/4/5 storey block of 69 flats (33 one-bed, 36 two-bed); basement car parking (38 spaces); access off Pyle Street (revised scheme)

 

1, 1A, 1B, 2 and 4 Pyle Street, 12 and 14 East Street and The Publican Public House and 71, South Street, Newport

Demolition of existing buildings; construction of 3/4 storey block of 19 flats (8 one-bed, 11 two-bed) with retail unit at ground floor level; pedestrian access off South Street (revised scheme)

 

Auto Windscreens, 52 South Street, Newport

Site Visit:

The site was visited by Members of the Development Control Sub Committee on Monday, 3 October 2005

Public Participants:

None.

Additional Representations:

An e-mail was received from the Island’s MP.

 

Further third party representations had been included in the report following the deferral on 4 October 2005.

Comment:

The Local Member, Cllr Julian Whittaker, had written informing the Committee that he had seen the plans for the flats and was happy for the application to proceed.

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 both applications be granted Conditional Permission subject to the completion of a Section 106 Agreement.

 

·              Financial contribution of £72,600 towards education (both applications)

·              Financial contribution of £25,000 towards transport infrastructure (both applications).

 

Provision of 10 affordable housing units in the form of discounted properties to sell at between 70 – 80% open market value as proposed in the report prepared by Adams Integra dated August 2005 (P/00870/03 – TCP/24809/C)

Conditions:

As per report (Item 11)

 

 

 

CHAIRMAN