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