PAPER B1

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE -

TUESDAY 20 DECEMBER 2005

REPORT OF THE HEAD OF PLANNING SERVICES

WARNING

THE RECOMMENDATIONS CONTAINED IN THIS REPORT OTHER THAN PART 1 SCHEDULE AND DECISIONS ARE DISCLOSED FOR INFORMATION PURPOSES ONLY.

THE RECOMMENDATIONS WILL BE CONSIDERED ON THE DATE INDICATED ABOVE IN THE FIRST INSTANCE. (In some circumstances, consideration of an item may be deferred to a later meeting).

THE RECOMMENDATIONS MAY OR MAY NOT BE ACCEPTED BY THE DEVELOPMENT CONTROL COMMITTEE AND MAY BE SUBJECT TO ALTERATION IN THE LIGHT OF FURTHER INFORMATION RECEIVED BY THE OFFICERS AND PRESENTED TO MEMBERS AT MEETINGS.

YOU ARE ADVISED TO CHECK WITH THE DIRECTORATE OF ENVIRONMENT SERVICES (TEL: 821000) AS TO WHETHER OR NOT A DECISION HAS BEEN TAKEN ON ANY ITEM BEFORE YOU TAKE ANY ACTION ON ANY OF THE RECOMMENDATIONS CONTAINED IN THIS REPORT.

THE COUNCIL CANNOT ACCEPT ANY RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ACTION TAKEN BY ANY PERSON ON ANY OF THE RECOMMENDATIONS.

Background Papers

The various documents, letters and other correspondence referred to in the Report in respect of each planning application or other item of business.

Members are advised that every application on this report has been considered against a background of the implications of the Crime and Disorder Act 1998 and, where necessary, consultations have taken place with the Crime and Disorder Facilitator and Architectural Liaison Officer. Any responses received prior to publication are featured in the report under the heading Representations.

Members are advised that every application on this report has been considered against a background of the implications of the Human Rights Act 1998 and, following advice from the Head of Legal and Democratic Services, in recognition of a duty to give reasons for a decision, each report will include a section explaining and giving a justification for the recommendation.

LIST OF PLANNING APPLICATIONS

REPORT TO COMMITTEE - 20/12/2005 AND 21/12/2005

The follow applications (item numbers 1 – 9) are to be considered at the meeting on 20/12/2005

1.	P/01885/05 TCP/18291/C	East Cowes	Conditional Permission
	land bounded by Kingston Fm Lane/Cadets Walk/Kingslea Park/Beatrice Ave, E Cowes power station/agricultural land/south of E Cowes Vics football ground inc land off, Whippingham Road, East Cowes, PO32 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 & Beatrice Avenue; network of public footpaths/cycleways; public transport link only to Kingston Road
2.	P/01594/04 TCP/23899/D	Seaview	Conditional Permission
	Tesco Stores Ltd, Brading Road, Ryde, Isle Of Wight, PO331QS Demolition of supermarket and petrol station; construction of supermarket and petrol station; alterations to vehicular access, access road and parking areas
3.	P/01018/05 TCP/27077	Cowes	Conditional Permission
	land south of The Chandlers, west of Seaview Road off, Three Gates Road, Cowes, PO31 Construction of one industrial unit for purposes of storage & machining of formed metal and 19 starter industrial units (use classes B1 and B8) with parking, landscaping formation of vehicular access (revised description)
4.	P/01145/05 TCP/21214/U	St. Helens	Refusal
	Haven Holidays, Nodes Point Holiday Park, Nodes Road, St. Helens, Ryde, Isle Of Wight, PO331YA Siting of 27 static caravans
5.	P/02031/05 TCP/01848/T	Cowes	Conditional Permission
	Cowes Health Centre, 8 Consort Road, Cowes, PO317SH 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
6.	P/02243/05 TCP/19064/W	Ryde	Conditional Permission
	Ryde County High School, Pell Lane, Ryde, PO333LN Floodlit multi-use games area and extension to provide additional changing rooms
7.	P/01784/05 TCP/08556/P	Newport	Conditional Permission
	land between, 29 and 33, Clatterford Road, Newport, PO30 Pair of detached houses with parking
8.	P/01981/05 TCP/26969/A	Ryde	Conditional Permission
	land adjacent, 1 Brookfield Gardens, Ryde, PO33 Detached house with garage & vehicular access (revised scheme)
9.	P/01726/05 TCP/26191/D	Cowes	Conditional Permission
	land rear of, 18-20 Castle Road, Cowes, PO31 Demolition of garden room; detached building to form annexed accommodation to no. 20 Castle Road (revised scheme)

PAPER B2

THIS PAPER WILL BE CONSIDERED ON 21/12/2005 (SEE ALSO THE NOTE BELOW AND ITEM 10)

Paper C.	P/02481/03 – TCP/05746/N	Ryde
	Part Os Parcels 1238, 0135 & 9052, Land Between Weeks Road & Ashey Road, Ryde Outline for residential development (additional information regarding suitability of junction of Woodland View/Ashey Road to serve proposed development)

THE FOLLOWING APPLICATIONS (ITEMS 10 – 13) WERE DEFERRED FROM THE MEETING ON 29/11/2005 AND WILL BE CONSIDERED ON 21/12/2005 AS WILL ANY OF THE APPLICATIONS NOT DISPOSED OF ON 20/12/2005.

MEMBERS ARE ASKED TO BRING WITH THEM THEIR AGENDA PAPERS FROM 29/11/05 IN ORDER TO REDUCE UNNECESSARY REPRODUCTION COSTS.

10.	P/02481/03 – TCP/05746/N	Ryde	Conditional Permission
	Part Os Parcels 1238, 0135 & 9052, Land Between Weeks Road & Ashey Road, Ryde Outline for residential development (additional information regarding suitability of junction of Woodland View/Ashey Road to serve proposed development)
11.	P/00870/03 - TCP/24809/C & P/00884/03 – TCP/24809/D	Newport	Conditional Permission (Both)
	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 PH and 71, South Street, Newport, Isle of Wight, PO30 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, Isle of Wight, PO30 1JQ
12.	P/01417/05 TCP/13615/L	Ventnor	Conditional Permission
	Kingsview, (former Rex Cinema site) 23, Church Street, Ventnor, PO38 Variation of condition no. 3 on TCP/13615/F relating to the southern boundary wall (additional information)
13.	P/02641/04 TCP/22282/D	Ryde	Conditional Permission
	land rear of The Dolphins, Augusta Road, Ryde, PO33 Detached house with detached garage; formation of vehicular access (revised scheme)

01

Reference Number: P/01885/05 - TCP/18291/C Parish/Name: East Cowes - Ward/Name: Osborne Registration Date: 26/09/2005 - Outline Planning Permission Officer: Mr P Salmon Tel: (01983) 823552 Applicant: Barratt (Southampton) Ltd 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 & Beatrice Avenue; network of public footpaths/cycleways; public transport link only to Kingston Road land bounded by Kingston Fm Lane/Cadets Walk/Kingslea Park/Beatrice Ave, E Cowes power station/agricultural land/south of E Cowes Vics football ground inc land off, Whippingham Road, East Cowes, PO32 The application is recommended for Conditional Permission

The application is recommended for Conditional Permission subject to a s106 Agreement and reference to GOSE under the Town and Country Planning (Residential Development on Greenfield Land) (England) Directions 2000) as the site is likely to generate in excess of 150 units.

REASON FOR COMMITTEE CONSIDERATION

This is a major application of strategic significance relating to a site allocated for both residential and employment uses in the Unitary Development Plan.

This report to the Development Control Sub Committee has been prepared by consultants Urban Vision on behalf of the Isle of Wight Council.

1. Details of Application

1.1 This is an outline application for residential and employment development on a 20ha site with means of access only to be considered. All other matters, including siting, design, external appearance and landscaping, are reserved for subsequent approval. The application site boundary also incorporates 25ha of land which will be covered by a long term ecological management plan and will include areas of ecological mitigation.

1.2 The application is accompanied by an Environmental Statement (ES), which considers the potential significant environmental effects and includes an assessment of air quality, community and social effects, cultural heritage, ground conditions, land use, landscape and visual effects, natural heritage, noise, traffic and transport and water quality and hydrology. There are also separate transport assessments and drainage flood risk assessment and services report.

1.3 The application is also accompanied by an illustrative Masterplan, indicative siting plan, a planning and design statement and a surface water and foul drainage strategy.

1.4 In summary, the proposal comprises 10ha of residential development to the north-east of the site, 10ha of employment development to the north-west of the site, a new vehicular access from Whippingham Road, footpaths and cycleways, open space provision and children’s play areas and an ecological buffer.

1.5 The development details are as follows:

1.5.1 The Masterplan

The Masterplan provides the framework for the development proposals. In addition, plans for the design of the landscape buffer, drainage strategy and illustrative siting of buildings are also provided. The Masterplan provides an indication of proposed land uses and maximum heights of buildings. Residential development of a maximum height of 15m (4 storey) is proposed in the eastern part of the site. An area of open space is proposed to the south-west corner of the residential site, which connects to Beatrice Avenue at the north-east corner of the site via a pedestrian boulevard link. The proposed employment area would be situated within the western part of the site. The Masterplan identifies maximum heights of buildings within three broad areas of the employment site. Adjacent to Kingston Copse and the proposed residential development, building heights would be a maximum of 12m. In the central part of the employment site, adjacent to the existing dwellings at Kingslea Park and the south-western part of the site, building heights would be a maximum of 15m. In the western part of the employment site, adjacent to the power station and the closest part of the development to the River, building heights would be a maximum of 17m. The proposed access road from Whippingham Road is positioned to the south of the existing track that leads to the former sewage works. The fields to the south of the access road will remain for habitat creation and enhancement. This will include ecological mitigation works comprising a wetland area, Wader roosting area and grassland scrub for reptiles will be undertaken in this area. An ecological buffer zone is proposed to separate the development site from the River. Balancing ponds are proposed to the west of Kingston Copse.

1.5.2 Access and Movement

The access road would be taken from Whippingham Road via a new roundabout and would be 6.5m wide with 2m wide footways to each side. The existing streetlighting may need to be upgraded in this location. A staggered junction would be created where the road crosses Beatrice Avenue. Two alternatives were considered for the proposed access road within the development site – to enter the site to the north of the hedge, cutting through Kingston Copse, which was rejected due to loss of ecological habitat and disturbance; and as currently proposed, to enter the site south of the hedge, cutting through the hedge to access the residential area (midway between Kingston Copse and Beatrice Avenue) and with access to the employment area to the west of Kingston Copse. No direct access is proposed from Beatrice Avenue, except for emergency vehicles. The northern end of the access road will terminate close to the power station gates and the junction of Kingston Road/Cadets Walk. A closure is proposed to prevent vehicular access to and from Kingston Road and the site, with the exception of buses – access will be controlled by the introduction of a ‘bus gate’.

Access for pedestrians, cycles and emergency vehicles is proposed between Beatrice Avenue and the residential development. Footpaths are proposed within/around Kingston Copse and adjacent to the hedge to the west of Beatrice avenue, linking with the footpath at St. Mildred’s Church.

1.5.3 Residential Development

The ES is based on the assumption of a maximum of 557 dwellings on 10ha, giving a maximum density of 55 dwellings per hectare. The ES also assumes the following mix of sizes: 8.5% one bedroom, 47.5% two bedroom, 37% three bedroom and 7% four bedroom. The ES also assumes a maximum height of four-storeys or 15m. 25% of the dwellings will be affordable (18% for rent and 7% shared ownership).

1.5.4 Employment Development

In order to assess worst case traffic generation, the ES is based on the assumption that the site is split into 4.1ha of 50:50 mix of B1 (business) and marine related B2 (general industrial) /B8 (storage and distribution) uses in the northern part of the site and 5.9ha of marine related B2/B8 uses in the southern part of the site. The maximum heights of buildings are as described in section 1.5.1 of this report. The maximum floorspaces are:

7, 620m² of B1 uses; 10, 422m² of mixed B1/ B2/ B8 uses and 31, 732m² of B2/B8 uses.

1.5.5 Landscape Buffer

A 50m wide buffer is proposed adjacent to the River Medina, comprising a 25m wide planted, 3m high bund and a 25m wide wetland strip. The southern end of the bund will end at the edge of the built development, but the buffer area will be extended a further 150m to the south.

1.5.6 Public Open Space

Kingston Copse will remain and will be publicly accessible. An area of public open space is proposed to the south-west of the residential area. Two children’s play areas are proposed within the residential area, one in the north and one in the centre.

1.5.7 Phasing

The development will commence with the construction of the access road up to the employment area, taking approximately three months. The completion of the access road will be linked to the construction of the first 220 dwellings. Dwellings will be constructed at a rate of approximately 55 per year over a 10 year period. The employment uses will be developed over a period of five years from the completion of the access road, although this will be dependant upon demand. The landscape buffer will be created during the site preparation of the residential area and prior to commencement of construction activities.

1.5.8 Service Provision

Surface water will be dealt with by a sustainable urban drainage system (SUDS). Two balancing ponds will be created to the west of Kingston Copse which will discharge into the existing ditch that crosses the site. A foul pumping station is required at the lower end of the site, in addition, parts of the sewer network will require upsizing. An additional transformer will be provided at the power station to accommodate the electricity supply. It is not anticipated that the overhead cables will need to be grounded. No reinforcement is proposed for the drinking water supply. Gas and telecommunications will be supplied to the site.

1.5.9 Construction

Construction compounds are proposed which will include car parking, temporary buildings and secure storage. In the region of 200 construction jobs will be created. Hours of working proposed are 0730 to 1730 Mondays to Fridays and 0730 to 1300 on Saturdays, with no working on Sundays or bank Holidays.

1.5.10 Post Construction

It is estimated that the resulting 557 dwellings would increase the population of East Cowes by 1, 337 people. Assuming this, there are likely to be 255 primary school children, 204 middle school children and 102 secondary school children. An estimated 400 to 600 job opportunities will arise from the employment development.

2. Location and Site Characteristics

2.1 The application site is located at the southern edge of East Cowes. The site is bounded by the River Medina to the west and Beatrice Avenue to the east. Beyond Beatrice Avenue is Osborne Middle School, sports pitches and the Osborne Works industrial area. To the south of the site are fields and St. Mildred’s Church and the Victoria and Albert Almshouses. To the north of the site is the Cowes power station and residential properties which include Kingston Farm and dwellings on Greenlands Road, Kingslea Park and Harvey Close.

2.2 This is a Greenfield site and the predominant use is arable farmland, with fields typically bounded by hedgerows. There is a significant area of woodland, Kingston Copse, to the centre of the site. Immediately to the south of the woodland is the site of a former sewage works.

2.3 The arable farmland has been cultivated for crops such as cereals, beans and oil seed rape. The farmland is classified as Grade 3 (moderate to good) quality agricultural land. To the north of the site and east of the power station is an area of uncultivated land, which has been overgrown and has been used for fly tipping. Kingston Copse is an area of dense woodland, the southern part comprising relatively recent woodland. A track runs from east to west through the copse and there is a footpath along the eastern edge running north to south and then east towards Beatrice Avenue.

2.4 The site slopes from east to west from approximately 50m AOD at a gradient of approximately 1:12. Overhead power lines from the power station run from north to south across the western part of the site.

2.5 The River Medina to the west of the site forms part of the Medina Estuary Site of Special Scientific Interest (SSSI), the Solent Maritime Special Area of Conservation (SAC) and the Solent and Southampton Water Special Protection Area (SPA) and RAMSAR site, which form part of the Solent European Marine Site.

2.6 The main views into the site are from the River Medina, the western bank of the River, Beatrice Avenue and the residential area to the north of the site.

3. Findings of the Environmental Statement (ES)

The findings of the ES are summarised as follows:

3.1 Air Quality

· The main source contributing to effects on future air quality is considered by the applicant to be vehicle emissions. The location of the site, adjacent to Dominion Oils petroleum storage depot, Cowes power station and within relatively close proximity to the East Cowes Ferry Terminal, meant that the scope of the assessment was broadened further to include nitrogen dioxide, fine particulate matter, benzene, sulphur dioxide and fugitive dust. During the construction phase of the proposal, there is likely to be an increase in heavy vehicle traffic servicing the site. The requirement for earth moving plant on-site indicates that there will be possible dust during the construction phase. Site-specific mitigation measures for construction practices and dust suppression are proposed and are considered to adequately mitigate this potential effect to surrounding land use receptors to negligible significance.

· The modelling undertaken to predict post-construction emissions shows that the national air quality strategy objective limits for the pollutants included in the assessment are unlikely to be exceeded for any of the pollutants modelled. It is concluded that there will not be any significant effects on sensitive receptors resulting from the proposed development in terms of air quality.

3.2 Community and Social Effects

· The provision of housing and employment uses is likely to have effects on the local community and services. An assessment of the current conditions in East Cowes, Osborne and on the Isle of Wight as a whole, have been analysed. A need for increased affordable housing provision is identified. Unemployment in Osborne and the Island is above the national average, although East Cowes is similar to the national average. The Island experiences a seasonal cycle in unemployment due to the role of the tourism industry. It has higher proportions of the workforce employed in tourism and public services than the national average, and lower proportions in the financial and communications industries. Businesses in East Cowes are focused on meeting the needs of the local community, rather than catering for tourists or shoppers from other areas. All the schools in East Cowes, and the high school in Cowes, have some spare capacity. The GP surgery has an average list size of 1,684 patients per doctor and the NHS dental practice is not accepting new NHS patients. No dental surgeries on the Island are currently registering new adult patients for NHS treatment, although two are registering children. There is currently uncertainty regarding the scale of care provision in the long-term at St Mary’s hospital.

· There will be a small, short-term increase in employment as the proposed development is constructed, which will be a beneficial effect of moderate significance. There will be a long-term small to medium increase in population when the site is occupied, although this will build gradually over the ten-year development period, and this will be an effect of moderate significance. The increase in population is likely to lead to increased trade for local businesses, which will be of moderate significance. The proposals will lead to a small increase in the provision of affordable housing on the Island, which will also be of moderate significance. There will be a medium increase in employment as a result of the proposed development, which will be of substantial beneficial significance. The proposals will lead to an increase in pressure on local schools. However, appropriate contributions to address these issues will be agreed with the Council. The increase in population over ten years associated with the proposals will lead to a small increase in pressure on GP services and NHS dental services, which is considered to be of moderate significance.

3.3 Cultural Heritage

· An archaeological desk-based assessment was carried out in 2004 to ascertain the likelihood of the site containing significant archaeological remains. The Sites and Monuments Record database lists a number of prehistoric finds in the intertidal zone of the River Medina. Some limited finds were listed from the Romano-British period, but little else was known about the history and development of this site, which has been arable and pasture land associated with Kingston Farm since cartographic records began. While development took place in the vicinity during the 20^th century, very little change has occurred to the site itself for nearly 200 years.

· The Council requested further assessment and evaluation before submission of the planning application to categorically prove/disprove the site’s antiquity. Three forms of archaeological investigation were employed at the site; a fieldwalking survey, geophysical survey and an intrusive trench evaluation. The latter was the only method that produced some (limited) archaeological results. The other two methods proved inconclusive. An agreed sample of the 20 ha area proposed for development was tested by archaeological trenching. Some 73 trenches were investigated. Only two trenches produced positive archaeological results. Both contained the remains of a pond and an associated stone wall. These have been dated to the 19^th century and are shown on the 1841 Tithe map for the site. They have been interpreted as a sheep dip area, of local importance. Several samples were recovered from trenches to allow an environmental analysis of the deposits. No significant or noteworthy samples were identified anywhere on the site. Given the absence of known archaeological features at the proposals site, and the low potential for discovery of currently unknown features or remains, the proposals will result in no change to the archaeology of the site, giving no significant effects.

· The historic environment of the immediate area of the proposals site shows evidence of long established patterns of occupation and use and, from the mid 19^th century, the dominating influence of one factor in the common origin of the many buildings associated with the royal household at Osborne estate. Several buildings and areas are therefore designated at national or local level in recognition of their historic interest. Any effects of these features as a result of the proposals, either directly or indirectly, have been assessed. Kingston Farmhouse, immediately adjoining the proposals site, is of some local interest although it is not statutorily Listed. The village of Whippingham to the south is designated as a Conservation Area in recognition of the coherence and quality of the group of buildings. These include the Grade-I church of St Mildred and a terrace of Almshouses built to house former royal servants. The buildings at Whippingham are closely associated with the estate at Osborne that was the home of Queen Victoria from 1845. Whippingham Road is the western boundary of the 240-hectare landscape park at Osborne which is included in the register of historic parks and gardens at grade II*. In addition to Osborne House, which is Grade I listed, many other structures within the park and on its boundary with East Cowes are of national importance.

· The assessment concluded that the proposed development could have several effects on the historic environment. Kingston Farmhouse will experience the greatest change, being surrounded by new development and divorced from its previous agricultural setting. The potential impacts of the development on the groups of nationally important buildings and landscapes at Whippingham and Osborne derive from the effects on their settings of the visual change due to the new built form and the new access and spine road. These changes are identified as being of small magnitude, resulting in a moderate impact on features of high and medium importance.

· The southern part of the site is to remain undeveloped, with built development only to the north of the new spine road through the site from the A3021 Whippingham Road. There are no views of the built development from the Conservation Area at Whippingham because of the landform and existing trees which will be reinforced by new planting. There are some views from the approach roads and paths. The development will not be visible from Osborne House, although there will be some views of rooftops from the western entrance drive. The strong boundary of trees along the western boundary of the landscape park provides a screen for development at Kingston. The new roundabout and access road for the development on Whippingham Road are directly on the boundary of the historic park at Osborne. The effects of the new junction and the potentially alien features of the roundabout and the spine road with its earth bunds and new tree planting are reduced by the existing development at the Westland works and the effective screening of the trees of Boundary Plantation.

3.4 Ground Conditions

· The desk-top study for the contaminated land assessment identified a number of potential sources of contamination: former landfill tip to the south-east of the site – leachate and landfill gas; aircraft works to the south-east and north-east of the site; former landfill tip at Cowes Power Station – leachate and landfill gas; former sewage works on site – heavy metals and organic and inorganic chemicals; former sheep dip at Kingston Farm; contaminants introduced by the River Medina. A source-pathway-receptor assessment was undertaken to identify plausible linkages for these sources of contamination, and intrusive site investigations were undertaken.

· The intrusive investigations found concentrations of arsenic in excess of its Soil Guideline Value in three of the trial pits in the eastern half of the site. Four of the five soil samples from the western half of the site that were tested for Total Petroleum Hydrocarbons (TPH) contained concentrations in exceedence of the Environmental Quality Standard (EQS). No groundwater samples contained levels of contaminants exceeding the EQSs. The results of the biogas monitoring indicate that methane is not present on site. However, carbon dioxide was found at elevated concentrations and oxygen concentrations were slightly depleted in all boreholes. Gas flows are negligible.

· A range of mitigation measures are proposed to ensure that there are no adverse effects on the health of site operatives and future occupants, water quality or building materials from the contaminants identified above. These include capping the arsenic-contaminated soils with certified clean soil and topsoil, and stripping and stockpiling the soils containing TPH prior to construction. Service trenches will be over-excavated and backfilled with certified clean material, and site operatives will wear protective clothing and dust masks as appropriate. The site will be kept damp during dry weather and when construction activities generate dust, and will be securely fenced at all times. Gas protection measures for carbon dioxide, such as ventilation of confined spaces within buildings, well-constructed ground slabs and low permeability gas membranes will be incorporated into the development.

3.5 Land Use

· Existing and potential land uses on and surrounding the site were established from a field survey and a review of maps and local authority documents. At present, the site is predominantly used for arable farming and is of Grade 3 quality. Kingston Copse is situated in the centre and there is a disused sewage works immediately to the South of the copse. There are no public rights of way on site. There is a range of land uses in the areas adjacent to the site, including residential, agricultural and industrial.

· The proposed changes in land use will result in the removal of the northern half of the site, and 5.25 ha of the southern half of the site, from agricultural use. This is considered by the applicant to be of negligible significance in the context of agricultural resources on the Island as a whole. The applicant considers that the provision of housing and employment on the site will contribute towards meeting UDP objectives and will be a beneficial effect of substantial significance. New footpaths are proposed, which will link into the existing public right of way network. This is considered by the applicant to be a beneficial effect of slight to moderate significance.

3.6 Landscape and Visual Effects

· Both desk and field studies were used to evaluate the landscape in and around the site and to identify potential views and visual receptors. A number were selected to present typical views from various locations and to provide a representative selection of views from all directions.

· The application site falls within the Medina Valley landscape character area, which consists of farmland with clusters of farm buildings, churches, small housing developments and light industry. The fields in this area are generally irregular and broken up by a patchwork of copses. In the wider landscape context, the main elements of the built environment consist of the urban edge of East Cowes. The proposals will result in the partial loss of key landscape elements and the introduction of prominent built elements. However, the applicant considers that these are not uncharacteristic when set against the urban edge of East Cowes, and that there will be an overall impact on landscape character of moderate significance.

· The potential impacts on the landscape and visual resources were a significant consideration in the evolution of the Masterplan. The Masterplan proposes maximum heights that places the tallest buildings on the lowest ground and in the area screened by the power station, in order to minimise the visual impact. The existing copse and hedges will be retained and will help to screen the development. This will be reinforced by the introduction of buffer planting and scrub along the western boundary and around the copse.

· The proposed housing and employment development will lead to changes in the views from several of the viewpoints, including residential properties in close proximity to the site, Osborne Middle School, the allotments to the north, a public footpath to the west of the site and a church and museum to the south-west of the site. Additional information in the form of sections and sketches has been submitted by the developer.

3.7 Natural Heritage

· The application site lies adjacent to the River Medina, which forms part of the internationally designated Solent and Southampton Water RAMSAR Site, the Solent Maritime Special Area of Conservation and the Solent and Southampton Water Special Protection Area. The area was designated because it supports internationally important populations of wintering waterfowl and intertidal habitats. A number of protected species were recorded on site during specialist surveys. Signs of dormouse activity were recorded from the copse and hedgerow network and small numbers of slow-worm and common lizard were recorded within the area proposed for built development. The assessment found that no birds associated with the Medina are roosting on the fields within the area proposed for built development or the adjacent fields to the south. The latter have been used occasionally by foraging gulls.

· There is an important high tide roost area within the overall application site, but this is at the far southern end and over 250m away from the nearest part proposed built development. This roosting area is of high importance because it is apparent that, on occasion, large numbers of some species wintering in the Medina (oystercatcher and curlew) are roosting in the area during the highest high tides. There is a more important high tide roost area at Pinkmead on the western shore of the river, which is used on a regular basis.

· A range of mitigation measures has been developed to minimise the potential for adverse impacts on natural heritage and to ensure that there are no adverse impacts on the habitats and species for which the Medina is designated. These measures include an ecological buffer area and habitat creation detailed and additional measures to mitigate potential impacts from habitat loss, disturbance and pollution, including buffer planting and management of copse and hedges; creation of a footpath network to manage access to the copse and discourage use of the intertidal zone; implementation of drainage strategy to prevent pollution of the intertidal zone; restricting construction activities to outside sensitive periods; introduction of a rope bridge across one of the roads to reduce habitat fragmentation for dormice; and translocation of reptiles prior to construction.

· As a result of the above mitigation, the applicant predicts no significant adverse impacts on important habitats, birds and reptiles. Potential for a slight impact on dormice is identified, depending on the success of the rope bridge. The assessment concludes that habitat creation will lead to significant beneficial impacts on Kingston Copse, the hedgerows and bird populations.

· Noise

· Noise was determined to be a secondary issue in the EIA scoping process and no vibration effects were considered likely, due to the nature of the proposals and the construction techniques that will be used. A number of noise sensitive receptors in the vicinity of the proposed development site, including housing along the site’s northern boundary; a middle school located on the site’s eastern boundary; ecologically sensitive wetland habitat on the intertidal zone of the River Medina, which forms the site’s western boundary; and a bird roost and open land along the site’s southern boundary.

· A baseline noise survey was undertaken during the daytime and early morning period. The survey established that road traffic noise and activities in the aggregates depot on the western bank of the river were the principal noise sources during the daytime. In the early morning, noise from the large flour silos located on the western bank of the river dominates and gives rise to noise levels greater than would typically be expected in this semi-rural environment. Aside from this, the baseline noise environment was considered typical of such an area and subjectively judged to be ‘good’.

· The construction phase of the proposed development will include the construction of a 3 m high earth bund along the western boundary of the site to screen the sensitive intertidal habitat. Birds use the habitat primarily during the winter period; conversely, earthworks are generally undertaken during the drier summer months. Therefore, it was concluded that there would be no significant effects on the habitat during the construction of the bund.

· Once operational the principal source of noise from the development proposals will arise from the additional road traffic generated. In consideration of the traffic data contained in the Traffic Assessment, the applicant concludes that the increase in traffic volume is not sufficient to give rise to a perceptible change in the road traffic noise levels that will arise in the future in the absence of the proposed development. Particular attention was paid to the potential effect of the proposed new link road from the site to Whippingham Road. The assessment found that the noise levels in the school’s netball pitch would remain below those recommended in Government guidance. Overall, the conclusion of the noise assessment was that there would be no significant effects on any of the identified sensitive receptors.

3.8 Traffic and Transport

· The traffic and transport assessment deals with the effect of the increased traffic associated with the proposals on traffic patterns and sensitive receptors in the vicinity of the site. It focuses on the community as a sensitive receptor and addresses the traffic and transport effects in terms of the severance and changes in people’s perception that may result from increases in traffic volumes in close proximity to sensitive receptors, such as schools, residences and churches. The assessment found that the increase in traffic flows and associated severance effects will be negligible for the majority of the sensitive receptors identified. There is the potential for a small increase in severance at Osborne Middle School, but this will be mitigated by the introduction of traffic calming and a 20 mph school zone and there will be no significant effect. There is likely to be a small increase in severance at Whippingham Primary School, however, which will be of moderate significance.

· A network of new pedestrian and cycle routes will be provided that will link the proposed development to the existing services of East Cowes and the existing public right of way network. This increase in provision is considered by the applicant to be a beneficial effect of slight significance. The potential for the provision of a bus gate in the north-west or north-east corner of the development would also be beneficial.

3.9 Water Quality and Hydrology

· The water quality and hydrology assessment focused on the quality of surface water and groundwater bodies and on potential impacts on surface water flows. The main issues addressed included potential contamination of surface water and groundwater during construction and the need for a drainage system that could address the potential for pollution of sensitive waterbodies post-construction, particularly from the employment area, and the potential for changes to run-off rates. The key sensitive receptors identified were the River Medina, ditches on site and groundwater. The drainage strategy has been devised to fully manage the run-off from the proposals and to control both the quality and rate of discharge to the River Medina. As a result, the applicant predicts that there will be no significant post-construction impacts on water quality and hydrology. A range of additional mitigation measures will be put in place both during and after construction to ensure that there will be no adverse impacts on water quality as a result of the proposals.

4. Relevant History

4.1 The site has been allocated for housing and employment in the Isle of Wight Unitary Development Plan, and previously part allocated for housing and employment development in the Cowes Local Plan 1988. There is no other relevant planning history.

5. Development Plan Policy

5.1 Planning Policy Statement (PPS) 1 – Delivering Sustainable Development, sets out the overarching planning policies on the delivery of sustainable development through the planning system. PPS1 states that planning should facilitate and promote sustainable and inclusive patterns of urban and rural development by making suitable land available for development in line with economic, social and environmental objectives to improve people's quality of life; by contributing to sustainable economic development; by protecting and enhancing the natural and historic environment, the quality and character of the countryside, and existing communities; by ensuring high quality development through good and inclusive design, and the efficient use of resources; and by ensuring that development supports existing communities and contributes to the creation of safe, sustainable, liveable and mixed communities with good access to jobs and key services for all members of the community.

5.2 Planning Policy Guidance Note 3 (PPG3) - Housing sets out National guidance on range of issues relating to the provision of housing. The issues of particular relevance are summarised as follows:

· Ensure new homes are provided in the right place at the right time and that there is a choice of sites which are both suitable and available for house building.

· There should be a regular review of housing requirements through the mechanism of a local housing needs assessment.

· In providing sufficient housing land, priorities should be given to reusing previously developed land within urban areas in preference to the development of green field sites.

· Provide a wider housing opportunity and choice, better mix and size, type and location of housing.

· Local plan policies should seek to achieve as an element of housing scheme appropriate level of affordable housing having identified through the housing needs survey what the Authority considers to be affordable in the local planned area. It should be related to lower income levels and house prices or rents for different types of households.

· The amount and types of affordable housing to be provided should reflect local housing need and individual sites suitability and be a matter for agreement between the parties.

· Planning authorities should ensure maintenance of supply of housing by:

o Concentrating most additional housing development within urban areas.

o Making more efficient use of land, particularly previously developed land.

o Assessing the capacity of urban areas to accommodate more housing.

o Adopting a sequential approach to the allocation of land for housing development.

o Managing the release of housing land.

o Reviewing existing allocations of housing land in plans.

· Criteria for allocation should be based on:

o The amount and types of affordable housing to be provided should reflect local housing need and individual sites suitability and be a matter for agreement between the parties.

o Availability of previously developed sites.

o Location and accessibility

o Capacity of existing and potential infrastructure

o Ability to build communities

o Physical and environmental constraints on the development of land.

Members are advised that a housing need survey was carried out in 2001 which sought to identify the extent, distribution and type of housing needed over and above homelessness. The main findings of the survey were that there is a chronic shortage of affordable housing across the whole Island; there is an increasing demand for smaller one and two bedroom housing units that is not currently being met by the housing market; that the principal areas of housing need both in affordability and demand are the main towns of Newport, Ryde, Shanklin and Sandown followed by Cowes/East Cowes.

5.3 PPS7 sets out the national guidance on sustainable development in rural areas, including largely undeveloped countryside up to the fringes of larger urban areas. The guidance seeks to promote more sustainable patterns of development in a number of different ways including by focusing most development in, or next to, existing towns and villages; by preventing urban sprawl; by discouraging the development of 'greenfield' land, and, where such land must be used, ensuring it is not used wastefully and by promoting a range of uses to maximise the potential benefits of the countryside fringing urban areas.

5.4 PPS 9 – Biodiversity and Geological Conservation, replaces Planning Policy Guidance Note 9 (PPG9) on Nature Conservation published in 1994. The guidance states that the aim of planning decisions should be to prevent harm to biodiversity and geological conservation interests and that where granting planning permission would result in significant harm to those interests, local planning authorities will need to be satisfied that the development cannot reasonably be located on any alternative sites that would result in less or no harm. In the absence of any such alternatives, local planning authorities should ensure that, before planning permission is granted, adequate mitigation measures are put in place. Where a planning decision would result in significant harm to biodiversity and geological interests which cannot be prevented or adequately mitigated against, appropriate compensation measures should be sought. If that significant harm cannot be prevented, adequately mitigated against, or compensated for, then planning permission should be refused.

5.5 PPG13 – Transport, emphasises the need to integrate planning and transport at the national, regional, strategic and local level to promote more sustainable transport choices for both people and for moving freight; to promote accessibility to jobs, shopping, leisure facilities and services by public transport, walking and cycling, and to reduce the need to travel, especially by car.

5.6 PPG24 - Planning and Noise advises that the impact of noise can be a material planning consideration. It recognises that it is hard to reconcile some land uses with housing and some other activities which generate high levels of noise but stresses that wherever practicable noise generating development are separated from major sources of noise. Development involving noisy activities should if possible be sited away from noise sensitive uses. Where this is not possible there is a need to consider what can practically be controlled to reduce noise levels or mitigate noise through conditions and planning obligations.

5.7 Regional Planning Guidance for the South East is contained within RPG9. There are a number of relevant policies including Policy E1 which requires priority to be given to protecting areas designated at international or national level either for their intrinsic nature conservation value, their landscape quality or their cultural importance. Policy RE5, states that better use should be made of existing employment land resources. Sites for industry and commerce should be developed particularly in urban areas and in places which are accessible by environmentally friendly modes of transport. Precedence should be given to the re-use of developed land over the release of new land and wherever possible the intensification of use on existing sites should be encouraged. Policy H4 states that a range of dwelling types and sizes should be provided, including alternative forms of tenure, in order to meet the needs of all sectors of the community and to plan for balanced communities. Affordable housing should be provided to meet locally assessed need. Policy RE4 states that business should be encouraged in adopting the principles of sustainable development.

5.8 The part of the site identified for residential development is within the development envelope boundary, with that boundary forming part of the western boundary and the southern boundary of the area of the site to be developed for housing. The site is specifically allocated for housing development within the Unitary Development Plan, under policy H3 (69). Policy H3 – Allocation of Residential Development Sites states that planning proposals for residential development will be acceptable in principle on the sites listed in Appendix A, subject to any specific guidance as detailed. The guidance for policy H3 (69) states:

“An area of some 10.5ha south of Kingston Farm Lane and west of Beatrice Avenue is allocated for residential development. This area is to be served off, and developed in conjunction with, a new access road to the area from Whippingham Road which will also serve proposed and existing employment uses to the south of East Cowes. The proposals for a mix of development at Kingston south of East Cowes have been considered following the demise of the Medina Bridge crossing proposals. Proposed land uses have been re-arranged to provide a better relationship between existing and proposed uses, particularly the existing middle and proposed primary schools while retaining the ability to improve access and infrastructure for the whole area.”

5.9 Other relevant housing policies within the Unitary Development Plan are as follows:

· H1 – Major New Residential Developments to be Located Within the Main Island Towns.

· H2 – Ensure that Large Residential Developments Contain a Variety of House Sizes and Types.

· H14 – Locally Affordable Housing as an Element of Housing Schemes.

· H6 – High Density Residential Development

For Members information over the Unitary Development Plan Period (1996-2011) there is a development potential for approximately 8,000 units which assumes that the development of allocated sites which will make a contribution. In terms of regional policies in respect of the south and south east, the targets for the Isle of Wight are in the region of 500+ units a year which up to the present time is being achieved on a year by year basis. Obviously these figures may be revisited during the local development framework process however; the Unitary Development Plan is the statutory policy document which should apply to this site. Finally in terms of housing policies Members are advised that the above calculations are based on a density figure of 30 dwellings per hectare.

5.10 The part of the site identified for employment development is within the development envelope boundary, with that boundary forming part of the eastern boundary and the southern boundary of the area of the site to be developed for employment uses. The site is specifically allocated for employment development within the Unitary Development Plan, under policy E5 (13). Policy E5 – Allocation of Employment Land states that planning proposals for employment development will be considered in principle on employment sites allocated on the Proposals Map and set out in Appendix B.

The guidance for policy E5 (13) states:

“Areas of land totalling 12.2ha to the south of Kingston, East Cowes is allocated for B1, B2 or B8 uses. Made up of three distinct areas, the development of this land will necessitate the upgrading of road access and a comprehensive approach to infrastructure provision along with housing allocations in this location. The site can be subdivided into three sections:

· the northernmost 1.8ha has a long-standing planning approval where initial site works for access road have been carried out

· central position of site, previously the site of a number of agricultural buildings, is also considered suitable for a full range of employment uses, 3.1ha

· the 8.1ha area adjoining the waterside, is considered vital to provide for future expansion or relocation of marine related employment uses, and will be reserved for uses which require a coastal location. Access to the area shall be primarily from Whippingham Road to the south of Osborne School and East Cowes Old Vics Football Ground and will also serve the major residential allocation to the west of Beatrice Avenue. It is intended eventually that this road shall link to Kingston Road, where it will also improve access for the wharfage facilities at Kingston.“

5.11 Other relevant employment policies within the Unitary Development Plan are as follows:

· E1 – Promote Suitably Located New Employment Uses

· E9 – Employment Development Anywhere Within Settlements

· E10 – Warehouse and Storage Uses

5.12 Other local Unitary Development Plan policies are itemised as follows:

· G1 – Development Envelopes for Towns and Villages

· G4 – General Locational Criteria for Development

· G6 – Development in Areas Liable to Flooding

· B2 - Settings of Listed Buildings

· B6 – Protection and Enhancement of Conservation Areas

· B9 – Protection of Archaeological Heritage

· B10 Park, Gardens and Landscapes of Historic Interest

· C7 – River Corridors and Estuaries

· C8 – Nature Conservation as a material consideration

· C9 – Sites of International Importance for Nature Conservation

· C12 – Development Affecting Trees and Woodland

· C13 – Hedgerows

· C14 – Safeguarding Best Agricultural Land

· P1 – Pollution and Development

· P5 – Reducing the Impact of Noise

· TR4 – Transport Statements Required for Major Development

· TR6 – Cycling and Walking

· TR7 – Highway Considerations for New Development

· TR8 –The Environmental Impact of New Infrastructure Systems

· TR16 – Parking Policies and Guidelines

· TR17 – Public Rights of Way

· U2 – Ensuring Adequate Educational, Social and Community Facilities for the Future Population.

· U11 – Infrastructure and Services Provision

· U16 – Development Near High Voltage Overhead Power Lines

· L10 – Open Space in Housing Development

5.12 The majority of the site where employment and residential development is proposed is within Zone 3 of the Council’s parking policy thus requiring parking provision that shall not exceed 0-75% of parking guidelines. Part of the residential site falls within Zone 4, which allows a higher level of off-street parking (0% - 100%), where public access is poorer and the development would help maintain the rural economy.

5.13 Relevant strategic policies within the Unitary Development Plan are listed as follows:

· S1 – New Development will be concentrated within existing urban areas.

· S2 – Development will be encouraged on land which has previously been developed (brownfield sites) rather than undeveloped (greenfield sites). Greenfield sites will only be allocated for development where they are extensions to urban areas and where no suitable alternative brownfield site exists.

· S3 – New developments of a large scale will be expected to be located in or adjacent to the defined development envelopes of the main island towns of Cowes/ East Cowes/ Newport/ Ryde/ Sandown/ Shanklin.

· S7 – There is a need to provide for the development of at least 8,000 housing units over the plan period. While a large proportion of this development will occur on sites with existing allocations or planning approvals, or on currently on unidentified sites, enough new land will be allocated to enable this target to be met and to provide a range of choice and affordability.

· S8 – At least 60 hectares of employment land will be allocated within, or adjacent to the main Island towns in areas well served by public transport.

· S10 – In areas of designated or defined scientific, nature conservation, archaeological, historic or landscape value, development will be permitted only if it will conserve or enhance the features of special character of these areas.

· S11 – Land use policies and proposals to reduce the impact of and reliance on the private car will be adopted and the Council will aim to encourage development of an effective, efficient and integrated transport network.

· S15 – Important natural resources, including water and the best agricultural land will be safeguarded.

5.14 Members attention is also drawn to Supplementary Planning Guidance (SPG) in respect of affordable housing which now seeks a 30% contribution from developers on those qualifying sites; the Phasing Report for the Managed Release of Housing Sites, which constitutes SPG; and Urban Capacity Study, which also constitutes SPG.

6. Consultee and Third Party Comments

6.1 Internal Consultees

· The Council’s Environmental Health Department has requested clarification on a number of matters relating to air quality, noise and vibration, dust and odours and has requested that this application should not be determined prior to receipt of this additional information and the Department’s comments. Further information has now been received from the developer which the Council’s Environmental Health Department is presently considering. Further comments will be reported to Members at or before the Committee meeting. A condition is recommended requiring a desktop study, a site investigation report and remediation scheme.

· The Council’s Ecological Officer states that the application is deemed to have a likely significant effect upon the adjoining European nature conservation site and as such is the subject of a separate Appropriate Assessment. The part of the site proposed for development has a comparatively low nature conservation value apart from the woodland (Kingston Copse) and some of the hedgerows. The Environmental Statement proposes a suite a measures to enhance habitats within the application site and these will be the subject of an ecological management plan, the details to be agreed with the planning authority. The proposals put forward are considered to be a pragmatic and helpful mechanism to protect and enhance the nature conservation / biodiversity of the site and the public enjoyment of this resource. A number of conditions are recommended.

· The Council’s Arboricultural Officer is concerned that the proposed development could potentially have a great detrimental impact on the trees and woodland around the site if not dealt with in the correct manner. The loss of trees would result in a detrimental impact on visual amenity. The damage could be prevented by having a tree survey made prior to detailing the actual positioning of the development and from this tree survey detail, a Tree Constraints Plan should be drawn up showing root protection areas, future and present crown spread, future and present heights and potential shading issues, so the layout and design of the site could then take these details into consideration. An Arboricultural Assessment should therefore be carried out to ensure that the site is optimised for development, whilst maintaining the high amenity trees and woodland areas. From the plans submitted, two areas of potential conflict are identified – the linear group of Ash and Turkey Oak alongside the access track from Beatrice Avenue to the southern perimeter of the site and the area of woodland east of the field adjacent to this track. A buffer zone should be maintained between these trees and the proposed development to ensure that there is no damage to the trees.

· No comments have been received from the Council’s Archaeological Officer.

· No comments have been received from the Council’s Highway Engineer.

· No comments have been received from the Council’s Technical Engineer.

6.2 External Consultees

· Health and Safety Executive – Does not advise, on safety grounds, against the granting of planning permission in this case.

· Environment Agency – The Agency has no objection in principal to the proposal, but would like a number of issues to be taken into consideration:

o Conditions are recommended for the provision of a site investigation; to ensure no infiltration of surface water into the ground without written consent; no piling or foundation designs using penetrative methods without written consent; a scheme for the provision of a surface water regulation system; only native species to be planted at the site.

o The long-term ecological management plan for the area should be covered under a s106 agreement, to ensure that the actions are carried out.

o Detailed advice is provided to the Council and Applicant with regards to surface water drainage, water resources, contamination and water efficiency.

o The Agency also encourages watercourses to be incorporated within the overall Masterplan as green corridors across the site.

· Scottish and Southern Energy - No comments received to date. Verbal comments indicate that there are no particular concerns at this outline application stage.

· English Nature – has considered the ES and supporting volumes and disagree with the conclusion that residual environmental impacts are of low significance and that an Appropriate Assessment under the Habitat Regulations is not required. They advise that a competent authority must be confident beyond reasonable scientific doubt that there will not be an adverse effect on integrity before consent can be given. They advise that there is currently reasonable doubt in relation to some of the judgements made. Four main areas of concern are raised:

· The details of the industrial use of the land next to the estuary is not known. It is not clear how this issue has been dealt with through the EIA in order to meet the requirements of Part 1 of Schedule 4 of the EIA Regulations. Have all possible or likely impacts been listed and incorporated? How have levels of impacts been set? What assessment is done at this stage and how does this influence the level of assessment required for future full applications? How do these issues affect the level of confidence in the findings of the current ES? The ES concludes that disturbance during construction has the potential to be of Substantial Negative significance, but as a result of mitigation the residual impact is judged to be insignificant. It is not clear how much of the conclusion of the EIA rests on assumptions, what is the basis of the assumptions and how these assumptions are going to be realised for the final development. Further confidence is required, for example in the form of a Development Brief for the site.

· Concern is expressed regarding the effectiveness of the proposed mitigation for impacts on birds. The ES concludes that the development has the potential to cause Substantial Negative impacts on a number of receptors including feeding and roosting wintering SPA birds. More evidence of the likelihood of success of the mitigation measures is required, for example through comparison with other similar finished schemes next to SPA’s. The greatest risk of disturbance from walkers arises from the housing and this will be a more dispersed risk which is difficult to manage. The general ‘opening up’ of the area is an impact which the ES recognises.

· The information in Chapter 14 of the ES regarding sea level-rise and climate change does not meet the requirements for the natural environment. Further development to consider the implications for the geomorphological evolution of the SAC and SPA and the long term sustainability of the buffer zone and other mitigation is required to consider the likely erosion of the buffer zone/mitigation area during this time and where can mean high water expect to be? Can the buffer zone expect to fulfil its purpose in the long term

· The ES considers the impacts arising from this development alone. Under the Habitat Regulations there is a requirement to consider impacts in combination with other plans and projects. This was the subject of much discussion at pre-application meetings. The extensive mitigation is a key positive feature but English Nature is not of the opinion that the residual impacts are de-minimus and therefore that an in combination assessment is not required – and no argument to this effect has been proposed. To achieve this position further confidence in the mitigation is required. Achieving this further confidence should include considering the effectiveness of the mitigation in the context of the Cowes Waterfront Strategy, particularly in the proposed evolution of the eastern cycle-way linking east Cowes to Newport and the over-all management of access to and along the river.

· Following the submission of these comments, the Council’s Ecological Officer is undertaking an Appropriate Assessment as required by the Habitats Regulations and there are ongoing discussions with English Nature.

· DEFRA – No comments received to date

· Countryside Agency – No comments received to date.

6.3 Town or Parish Council comments

· East Cowes Town Council – Town Clerk to visit planning office to discuss key issues. No further comments received.

6.4 Neighbours

· Concerns raised regarding loss of privacy to rear of 1 Kingslea Park. Consideration should be given to erection of 8ft high timber boundary fencing to rear of property to maintain privacy and security.

· Rear access to dwellings at Kingslea Park should not be lost.

· Should be control of rats during site clearance.

· Current infrastructure of East Cowes cannot sustain the development. Without any plans of fixed links across the Medina, the development will only further congest overburdened road system

· Grade II Listed gate houses at entrance to Barton Manor are omitted from Appendix F ‘Traffic and Transport’ assessment of existing sensitive locations

· Impact of proposed access on quality of life of residents of Barton lodge, in terms of noise, vibration, traffic fumes and lighting

· Resources should be spent on improving traffic flow around whole of Medina Basin and making better use of the river to bring goods onto the Island

· Appendix F ‘Traffic and Transport’ describes lower end of Cadets Walk as ‘rarely used by vehicles’. The road is used very regularly by 40+ members of the allotments. Access from Kingston Road is used by the majority of vehicles and a lack of access from Kingston Road would make access to allotments extremely difficult. Access to the Vectis Road allotments from Kingston Road should be maintained, together with space for parking. The top end of the road can be restricted to pedestrian and cycle access.

· Loss of wildlife, including badgers and bats

· Loss of landscape

· Proposals do not include any community facilities such as retail outlets, accommodation for community activities, sheltered recreation for youngsters.

· Concerns raised regarding access and escape. Is only one road serving potentially 11 000 people. Floating bridge cannot be relied upon as an accessible thoroughfare

· Concerns regarding increase in traffic and impact on existing poor state of the roads and increase in traffic from SEEDA proposals for a further 500 homes, in addition to larger car carrying ferries.

· Concerns regarding increased demand for medical centre, dentist, nurseries and schools.

· Concerns regarding increase in demand for water and water shortages

· Existing sewage problems - smells and effluent flows will worsen

· Impact on tourism from traffic jams – East Cowes is a gateway to the Island

6.5 Others

· Solent Protection Society – concern is with the view from the River Medina which will be obtained by the thousands of visitors to the Island who arrive in yachts and boats. Are pleased to see the proposals for a bund surmounted by trees, but concerned that there is no visual analysis of the effect of the proposals from the River Medina itself. This view will be affected to a greater or lesser extent dependant upon the height of the buildings and their distances from the river bank. The Society would like to see the same analysis given to the view from the River as from the other visual receptors before the application is determined.

· Ramblers Association – The proposed rights of way are welcomed. There is however concern that the UDP does not have the proposed right of way as the main connection to the island network, but shows a path further back towards Whippingham and the Folly area, then continuing north to Kingston Copse and on into East Cowes. The provision of the UDP path is preferable for users wishing to readily enter or remain within the network and should be added to the Masterplan. The use of suitable signage close to the ferry terminal will enable potential users to navigate safely onto the main rights of way network.

· Vectis Road Allotments Association – Access to the allotments appears to have been overlooked. Once rejuvenation programme is complete, will have up to 75 members. Vehicular access is required, for example, for disabled members, elderly members and for those transporting tools, equipment and materials. There will be a need for a parking area and turning area in Cadets Walk itself.

· GKN Plc – Notice no. 1 has not been served on them. The land in their ownership (part of woodland and former sewage works) is outside the ‘Development Envelope’. Although the sewage works are currently disused, GKN still utilise the drainage discharge pipes and for which it has legal easement rights. The location of the proposed residential development is likely to interfere with legal rights belonging to GKN to gain access to the sewage works from Beatrice Avenue. The incorporation of GKN land into the application site is contrary to UDP policy and premature with regards to the emerging Island Plan. GKN’s land should be removed from the application site and the site boundary amended.

· Isle of Wight Society (East Cowes Group) – The Society has been against this development since its first suggestion. One of the major concerns is the visual impact of the development on the surrounding residents and visitors. The visual impact survey does nothing to allay fears – views are shown at ground level looking across an empty field. The loss of view from Beatrice Avenue will be severe. Assessment does not consider the visual impact from the River. The visual impact from mid-River will not be mitigated by a three metre bund and a few bushes – the development will be seen as a blot on the landscape. The Society met with developers at pre-application and confirm that some of their views have been taken into account.

· Detailed comments have been made on the ES, which include a number of concerns summarised as follows:

o The River Medina is omitted from the tourist/recreation areas (5.2.4)

o Newport is frequently referred to as Newtown

o Road through the industrial area must be included in the outline plan

o The ‘bus only’ access on Kingston Road should be a definite proposal, as opposed to ’opportunity’.

o The route of the proposed road is contrary to that defined in the UDP – would prefer to see the road to the north of the track and trees, not encroaching further into countryside. Also gives space for an additional 57 dwellings.

o Lowest buildings should be on the ridge and perimeter

o Beatrice Avenue should still be an alternative access to the town

o Concerns regarding additional health and dental facilities required

o Concern regarding surface water drainage to shallow soakaways – all should be connected to drainage system

o Traffic/Transport – queries regarding lack of footway to southern part of Beatrice Avenue, Crossways Road being narrow and dangerous, no consideration to coaches using Beatrice Avenue.

o Impact on views from the Conservation Area

o A number of comments are made regarding inaccuracies within the ES, mostly regarding dates and historical facts.

Evaluation

7.1 The most important material considerations in respect of this proposal are whether the principal of the development is acceptable, whether the means of access to the site is acceptable, the impact of the development on natural heritage, the impacts of the development on visual amenity and local residential amenity and the extent to which the development is in accord with national and regional planning guidance and the policies and proposals of the adopted UDP.

7.2 Principal of Development

· Policy Position

Under the Planning Acts all applications should be determined on the basis of statutory policies unless other material considerations suggest otherwise. In determining this application, regard must be had to national policies, in particular PPS1 and PPG3, in addition to Unitary Development Plan policies.

The areas of the site where residential and employment uses are proposed are allocated in the adopted UDP for both residential development, under Policy H3 (69) and employment use under policy E5 (13). Objection has been raised in relation to the suitability of East Cowes as a strategic location for housing development. This issue has been debated extensively through the UDP inquiry. There is no justification to revisit the strategic decisions that were debated and accepted by the Inspector at the UDP inquiry.

The proposal must also be assessed against the relevant strategic policies of the UDP. The proposed residential and employment development is located within the development envelope for East Cowes as defined on the UDP proposals map and as such, is in accordance with Policy S3 of the UDP.

Policy S2 encourages development on land which has previously been developed (brownfield sites) rather than undeveloped (greenfield sites) and states that Greenfield sites will only be allocated for development where they are extensions to urban areas and where no suitable alternative brownfield site exists. Consideration must also be given to the Council’s Supplementary Planning Guidance (SPG), in particular, the Phasing Report for the Managed Release of Housing Sites and the Urban Capacity Study With regards to the above policies and the SPG, whilst this is a Greenfield site its status as allocated land within the development envelope makes it appropriate for it to come forward at this time to meet housing requirements as set out in the UDP and, more importantly, as identified in the Urban Capacity Study. Policy S7 of the UDP indicates that there is a need to provide for the development of at least 8,000 housing units over the plan period. The Urban Capacity Study identifies the need for both identified brownfield and greenfield sites and windfall sites to come forward in order for these housing requirements to be met.

With regards to the employment element of the development, in addition to the site specific allocation, strategic Policy S8 of the UDP requires that at least 60 hectares of employment land will be allocated within, or adjacent to the main Island towns in areas well served by public transport. The development of this site will make a significant contribution to the provision of land for employment purposes on the Island. The proposal indicates that marine related uses are proposed, which is in accordance with the UDP allocation which considers the area adjoining the waterside vital in providing for the future expansion or relocation of marine related employment uses.

Consideration must also be given to Policy C14 of the UDP which seeks to ensure that the best agricultural land is safeguarded. In addition to being a Greenfield site, the site is currently in use as agricultural land, specifically arable farming. The proposal to develop part of the site for residential and employment uses will inevitably result in the loss of a significant amount of agricultural land. The land has been identified as Grade 3b (moderate) and as such is not considered to be of a high quality agricultural land.

· Phasing

Given the size of the site and scale of the residential element of the proposed development, it is considered desirable to control the rate of its release to restrict development over a number of years. The Urban Capacity Study and Phasing Report would allow major sites to “trickle feed” new housing into the marketplace as opposed to one site being dependent on another site being built out. This should also sustain competition between housing developers and impact on house prices. A condition is recommended requiring a phasing programme to be submitted in order to enable the Planning Authority to exercise appropriate controls.

· Affordable Housing

With regards to Policy H14 of the UDP, the size of the site is such that there is scope to provide a significant level of affordable housing for which there is a clear and recognised demand, with that demand being difficult to satisfy through the development of the much smaller brownfield sites which in many cases don’t generate any affordable housing whatever.

· Density

While siting and therefore density is not a matter for Members to determine at this stage, consideration has to be given to whether or not controls need to be put in place to limit numbers of units on this site. The ES has been prepared on the basis of a maximum number of 557 dwellings being built on the 10ha site. This would equate to a density of 55 dwellings per hectare. UDP policy H6 relates to high density residential development and for the purposes of this policy, high density is defined as development of about 40 dwellings per hectare. This policy states that applications for high density residential development will be permitted in appropriate areas within the development envelope where the development is close to public transport services and local/town centre facilities, where the amenity of surrounding areas will not be unduly affected, where open space and other requirements are not compromised and where the density and design is acceptable and appropriate to the historic character and layout of the settlement. Paragraph 58 of PPG3 states that local planning authorities should avoid developments which make inefficient use of land (those of less than 30 dwellings per hectare net), should encourage housing development which makes more efficient use of land (between 30 and 50 dwellings per hectare net); and should seek greater intensity of development at places with good public transport accessibility such as city, town, district and local centres or around major nodes along good quality public transport corridors.

Whilst the development is located at the edge of East Cowes, the site is well located for other local services and schools and would be served by buses. Given that the proposal has been assessed against the parameters outlined in the submitted Environmental Impact Assessment and traffic assessment, it is considered that any material alteration from such assessments may have an impact which has not been subject to proper consideration against the relevant planning policies and as such would be undesirable. For this reason, it is recommended that a density limit condition is attached to the approval.

7.3 Highways and Access Issues

· Policy H3 (69) of the UDP states that the residential area is to be served off, and developed in conjunction with, a new access road from Whippingham Road which will also serve proposed and existing employment uses to the south of East Cowes. The access is also referred to by policy E5 (13) which states that access to the employment area shall be primarily from Whippingham Road to the south of Osborne School and East Cowes Old Vics Football Ground. The UDP proposals map indicates that the route of the road would be further north, to the north of the access track to the former sewage works, than the route proposed by this application.

· Objections have been raised regarding the route of access road. The UDP is not prescriptive with regards to the route that the access road should take. The ES considered an alternative route to the north of the hedge and passing through Kingston Copse, which was discounted due to ecological and habitat concerns. The route that has been selected enables heavy goods vehicles and commercial traffic to be properly excluded from the future residential areas, in addition to minimising any potential adverse impacts on Kingston Copse. Lorry movements from the aggregate and petroleum landings at Kingston Wharf to the rest of the Island currently have to pass through residential areas of the town. The proposal will allow this traffic to directly access Whippingham Road leading to significant environmental benefits.

· Concern has been expressed in the third party representations that the Island road infrastructure cannot accommodate this level of development. As indicated above, policy S7 of the UDP states that there is a need to provide for the development of at least 8,000 housing units over the plan period. This level of residential development is therefore likely to take place in any case. The provision of infrastructure is a strategic issue for the Council and not an issue that is specific to this site. With reference to the concerns raised regarding risks of an accident blocking the road to East Cowes, this is an existing possibility and the likelihood of such an event should not be significantly increased by this proposal, furthermore, the road has the capacity to service this scale of development.

· Users of the allotments to the north of the site have expressed concern that their access and parking would be restricted. Whilst the application site boundary does include part of Cadets Walk, the applicant has confirmed that this has been included on the basis that the a road closure may be required by the Council to prevent commercial traffic using this as a short-cut. Part of Kingston Road has been included in the application site boundary for the same reason. Parking and turning facilities on Cadets Walk and access to the allotments would therefore not be affected by this proposal.

· The proposals indicate that Beatrice Avenue will remain as an alternative access to East Cowes, there would, however, be amendments to Beatrice Avenue at its junction with the new access road to the development. In terms of concerns raised regarding coach access, coaches will still be able to access Beatrice Avenue, although they would inevitably need to cross the new access road by means of the proposed staggered junction.

· GKN are concerned that the proposals will interfere with legal rights belonging to them to gain access to the sewage works from Beatrice Avenue. The sewage works are now a redundant facility, however, maintenance access will be provided from the main spur road at the south-east corner of the residential part of the site. A condition has been attached to ensure this access is provided.

· A resident of Kingslea Park has expressed concern regarding access to the rear of their dwelling. The applicant has stated that there is no right of access at present from these properties to the land forming part of the application site and that if the detailed application shows a footpath immediately adjacent to the rear of these properties it may be practical to permit some form of permissive access provided that this did not create a permanent right. This matter would be given consideration at the detailed planning stage.

· With regards to the proposed footpaths, the proposed location of the north-south footpath conflicts with the position shown on the UDP proposals map. The Ramblers Association have commented that a footpath in this position is required. This matter has, however, been the subject of pre-application discussion with English Nature and it was concluded that the footpath would be better located at a greater distance from the estuary in order to discourage public access and dogs from this sensitive area. There are some outstanding concerns regarding footpaths in the Kingston copse area. A condition has therefore been recommended requiring full details of the proposed footpath network and its links to be submitted for subsequent approval.

7.4 Ecological and Natural Heritage Issues

· UDP policies C8, C9 and C10 relate to the significance of nature conservation as a material consideration.

· The Council’s Ecology Officer has advised that this proposal is deemed to have a likely significant effect upon the adjoining European nature conservation site and consequently is the subject of a separate Appropriate Assessment under Regulation 48 of the Conservation (Natural Habitats & c) Regulations 1994. In addition to any possible impacts upon statutory nature conservation areas, the proposals also have wider biodiversity impacts.

· The part of the site proposed for development has comparatively low nature conservation value apart from the woodland (Kingston Copse) and some of the hedgerows. The Environmental Statement proposes a suite a measures to enhance habitats within the application site and these will be the subject of an ecological management plan, the details to be agreed with the planning authority. The Council’s Ecology Officer considers the proposals put forward as a pragmatic and helpful mechanism to protect and enhance the nature conservation / biodiversity of the site and the public enjoyment of this resource.

· There are a number of issues regarding to protected species at the site. The ES considers that the site is of negligible importance for bats. Kingston Copse is, however, likely to provide roosting potential for several different bat species. A condition is therefore recommended requiring that works to any mature trees should be first assessed for the potential to support bat roosts. The ES confirms that dormice are present on site and puts forward a number of proposals for mitigation. Such measures must be implemented and will be required to be a component of the ecological management plan.

· The ES states that no evidence of badgers has been found. Badgers are, however, known to be in the immediate vicinity and as such, immediately prior to development, a survey should be carried out to determine the presence or otherwise of badgers on site. Evidence of red squirrels in Kingston Copse is reported in the ES. Providing that no trees containing dreys are felled, no specific actions are required. In order to avoid disturbance to nesting birds, a condition is recommended requiring that no tree or scrub clearance is carried out between the months of March to July inclusive.

· The ES reports the presence of Slow-worm and Common Lizard species and the proposal is to remove these, under Licence, and translocate them to a receptor area in the south east corner of the application site. A condition is required to ensure a mitigation plan for the translocation of reptiles is agreed.

· With regards to policy C12 which relates to development affecting trees and woodland and policy C13 relating to the protection of hedgerows, the Council’s Arboricultural Officer is concerned that the proposed development could potentially have a detrimental impact on the trees and woodland around the site. As siting of buildings is not a consideration at this stage, conditions have been recommended to ensure the submission of a full arboricultural survey and to require the developer to submit details of measures to protect and safeguard the hedgerows. This information will be taken into account when siting is considered. There will inevitably be some impact on hedgerows due to the construction of access roads and paths. Of the five individual hedgerows considered to be of ecological value under the Hedgerow Evaluation and Grading System, three are considered important under the Hedgerow Regulations (1997). The extent of habitat loss would be small and mitigation measures proposed including planting new hedgerows, enhancing existing hedgerows and hedge management.

7.5 Landscape and Visual Impact

· In addition to the assessments undertaken for the ES, the applicant has provided further information to assist in the assessment of the landscape and visual impacts of the development, which includes sections to show heights of buildings and sketches. Further information is also being prepared in respect of this assessment, including photomontages. As already established above, the sites are allocated in the UDP for both employment and residential development. It has therefore already been established that there will be some form of ‘urbanising’ development on this site. The main consideration is therefore the impact that the proposed heights and density of development will have on landscape and visual amenity. Consideration must also be given to the topography of the site and the location of sensitive receptors in the vicinity of the site, in particular, the River Medina, the Conservation Area at Whippingham, a number of Listed Buildings at the Osborne Estate and in Whippingham and the Osborne estate which is on the Register of Historic Parks and Gardens.

· The Masterplan indicates that the highest buildings would be located on the lower contours to reduce visual impact. The residential development to the Beatrice Avenue and the southern part of the residential development adjacent to the spinal access road would be restricted to development of no more than 2.5 storey, again in order to minimise visual impact. The spinal access road itself would be constructed in a cutting with mounding to either side to reduce its visual impact from viewpoints to the south of the site. The Conservation Area and Listed Buildings within it are located a significant distance (500m) to the south of the proposed development and although there would be no impact on their setting, elements of the development would be visible. Consideration has been given to the construction of the access road at its junction with Whippingham Road and potential visual impacts on the Osborne Estate and Barton Lodges. There will be no visual impact from the development on Osborne House itself is due to a number of factors including the distance, existing buildings and existing trees. Woodland on the edge of the Estate would effectively screen any views of the proposed access road from within the Estate.

· With regards to the proposed employment uses, this part of the site will be separated from the River by a 50m wide buffer, comprising a 25m wide planted strip, a 3m high bund and a 25m wide wetland strip. The buffer area will ensure that no development can take place within the 50m strip, which would bring the development in line with the existing power station chimneys and set further back than the storage tanks. Adjacent to the River, the proposed buildings would be a maximum height of 17m, with the southern area being a maximum height of 15m. As the level of the land raises away from the River, towards Kingston Copse, the height of the units would reduce from 17m to 15m to 12m adjacent to the proposed residential area and Kingston Copse. Views from the River towards the proposed residential area would be substantially obscured by the employment development and Kingston Copse. Views from the opposite bank of the River, in particular from existing dwellings and a public footpath towards the employment part of the site would change substantially, however, this would be the case regardless of the height of the units.

7.6 Foul and Surface Water Drainage

· The Environment Agency has made comments and recommendations regarding foul and surface drainage. Appropriate conditions have been attached requiring detailed schemes to be prepared and submitted for approval.

7.7 Slope Stability and Geotechnics

· Ground stability is a material consideration, with the test being whether or not the site is capable of supporting the development proposed. In this case the ground conditions will need to be taken into account when designing the foundation details, for those ground conditions vary even within the site. I am satisfied that this is essentially a Building Control matter, with the Building Regulations providing the legislation to control this issue.

7.8 Noise and Residential Amenity

· Appropriate conditions are recommended to protect existing and future residents from potential disturbance from noise and vibration during both the construction period and eventual operation of the employment uses.

7.9 Section 106 Agreement Issues

· Members are advised that officers have been undertaking negotiations regarding the Section 106 benefits which can be reasonably achieved from development of this site. Heads of terms have been discussed and a draft agreement has been prepared. Members are also advised that the various departmental recipients of contribution have been involved.

· The contribution, which is considered to be reasonable in this case, are as follows:

o Following consultation with the Council’s Education Officer a sum of £2,154 has been negotiated.

o Open Space Maintenance contributions

o Community facility contributions

o Provision of a new bus route through the site

7.10 Affordable Housing

· Members will note that under Supplementary Planning Guidance affordable housing provision has increased from 20% to 30%.

· The applicant proposes that 25% of the units will be affordable housing, with 7% being shared equity housing and 18% rented. This reduction of 5% of the required standard is claimed by the developer to be justified by the considerable abnormal costs associated with the provision of the access road to enable the employment site to be developed and the number and scale of other obligations required.

· Included in the 106 Agreement will be a requirement to provide this level of affordable housing in conjunction with a registered social landlord (Housing Association) with the method of provision being either to sell to a registered social landlord or to transfer land at nil cost to a registered social landlord. Such affordable housing will be provided in phases to link in with any overall phasing of development on the site.

Other s106 Issues

· Other Issues which are included in the legal agreement is the need to ensure that a management company is set up to guarantee the future management of maintenance of the attenuation ponds and ecological management of southern part of the site.

· In summary, it is considered that the benefits and contributions which have been negotiated have been set at a level which takes due account of the circumstances of the site.

8. Conclusion and Justification for Recommendation

8.1 It is considered that appropriate weight to all material considerations referred to in the Report has been given and that the site is appropriate for both employment development and residential development subject to the conditions suggested and the Section 106 agreement and therefore approval is recommended.

8.2 Should Members be minded to approve this application then it will have to be referred to GOSE (Government Office South East) under the Town and Country Planning (Residential Development on Greenfield Land) (England) Directions 2000. This is required to enable the Secretary of State to ensure that the national policies are being complied with, with particular reference to those policies within PPG3 – Housing.

Recommendation

9.1 Approval, subject to reference to GOSE under the Town and Country Planning (Residential Development on Greenfield Land) (England) Directions 2000) as the site is likely to generate in excess of 150 units and subject to the completion of a Section 106 Agreement covering the following:

· Provision of 25% affordable housing (18% rented, 7% shared ownership) to be transferred to a registered social landlord.

· An education contribution.

· Open space maintenance contribution.

· Community facilities contribution

· Setting up of a registered management company to adopt and maintain the two balancing ponds and retained ditches.

· Long term ecological management and maintenance plan

· Bus routing

Failure on the part of the applicant to sign the s106 obligation within 3 months of the date of the first draft being sent out will render the application liable to being reconsidered by the LPA based on a refusal of the applicant to enter into this legal agreement.

Conditions/Reasons:

1	Application for approval of reserved matters must be made not later than the expiration of three years beginning with the date of this permission and the development must be begun not later than the expiration of two years from the final approval of the reserved matters, or, in the case of approval on different dates, the final approval of the last such matter to be approved. Reason: To comply with Section 92 of the Town and Country Planning Act 1990.
2	No development shall be started until full details of the following reserved matters have been submitted to and approved by the Local Planning Authority: the layout of the site, including the disposition of buildings and roads and provision for parking and servicing; plans and elevations showing the design of all buildings and other structures; the colour and type of facing materials to be used for all external walls and roofs; a landscape scheme for the site which shall include details of trees and shrubs to be planted, any existing trees to be retained, or felled indicating the spread of the branches and trunk positions, walls, fences, boundary and surface treatment. Reason: In order to secure a satisfactory development and be in accordance with policies S6 (Standards of Design), D1 (Standards of Design), D2 (Standards of Development Within the Site), D3 (Landscaping), TR7 (Highway Considerations for New Development) of the Isle of Wight Unitary Development Plan.
3	No development of the employment site shall commence until an overall Masterplan for that area has been submitted for the written approval of the Local Planning Authority. Such Masterplan shall include the following: The locations and split of B1c, B2 and B8 uses within the employment area, with particular attention to the location of B2 marine uses in locations accessible to the River and B1 uses in areas adjacent to existing and future residential properties a scheme to indicate how the means of access to the waterfront for the B2 marine uses will be secured, which will consider the options of using the Wharf at the Kingston Works site and/or access through the Kingston power station site internal road layout of the employment site, which shall accord with the advice contained with Design Bulletin 32 overall strategy for car parking, disabled persons parking, HGV parking and cycle parking overall strategy for landscaping and boundary treatments an overall artificial lighting strategy for the site a phasing programme for the development of the site Such Masterplan shall be approved in writing by the Local Planning Authority and development on the employment site shall take place in accordance with such principals, unless otherwise agreed in writing with the local Planning Authority. Reason: To ensure that development is carried out in accordance with an overall design strategy in accordance with policy G4 (General Locational Criteria) and D2 (Standards for Development Within the site) of the Isle of Wight Unitary Development Plan.
4	The development on this site shall be carried out in substantial accordance with the zoned areas relating to the mix of residential and employment uses and the maximum heights of buildings within these areas, as identified by the colour-coding on the illustrative Masterplan drawing no. XXXXX dated XXXX 2005 and indicated in Sections XXX and XXX as shown on drawing nos. XXXXX. Reason: In order to secure a satisfactory development and be in accordance with policies S5 and S10 of the Isle of Wight Unitary Development Plan.
5	A phasing programme for the residential development shall be submitted to the Local Planning Authority for written approval before any operations are commenced. The development shall proceed in accordance with the approved phasing programme. Reason: To ensure the development is carried out in a properly phased manner in compliance with policy G4 (General Locational Criteria for Development) and D2 (Standards for Development within the Site) of the Isle of Wight Unitary Development Plan.
6	The density of development on this site shall be between 30 dwellings per hectare and 55 dwellings per hectare and shall contain a variety of house-types and size of units. Reason: In compliance with policy H2 (To ensure that large residential developments contain a variety of house sizes and types) of the Isle of Wight Unitary Development Plan.
7	Prior to the commencement of the development, the developer shall submit a site investigation report for the approval of the Local Planning Authority. The investigation shall address the nature, degree and distribution of ground contamination and ground gases on site and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part IIA, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of ground conditions on the health and safety of site workers, on nearby occupied building structures, on services and landscaping schemes and on wider environmental receptors including ecological systems and property. The sampling and analytical strategy shall be approved by the Local Planning Authority prior to the start of the site investigation survey. Recommendations and remedial works contained within the approved report shall be implemented by the developer prior to occupation of the site. Prior to discharge of the Contaminated Land Condition, a Site Completion Report shall be submitted to the Local Planning Authority for approval. The Site Completion Report shall validate that all works undertaken on site were completed in accordance with those agreed by the Local Planning Authority. Reason: To protect the environment and prevent harm to human health by ensuring that where necessary the land is remediated to an appropriate standard in order to comply with Part IIA of the Environmental Protection Act 1990, in accordance with policy P3 of the Isle of Wight Unitary Development Plan
8	Prior to the commencement of any development including site clearance and preparation a Noise Management Scheme shall be submitted to and approved in writing by the Local Planning Authority. The Scheme shall detail the works involved for various stages of the development and shall detail the impact of noise and vibration from the proposed works on the neighbouring noise sensitive properties along the northern aspects of the site including dwellings on Kingslea Park, Greenlands Road, Harvey Close and Kingston Farmhouse and future residents of the proposed development. The Scheme shall detail any mitigation measures which are required to minimise the impact of noise and vibration from the construction phase of the development on the neighbouring noise sensitive properties. The construction phases of the development shall be carried out in strict accordance with the approved Scheme and associated mitigation measures unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the amenity of existing and future residents, in accordance with policy P5 of the Isle of Wight Unitary Development Plan
9	The combined noise level from all fixed plant and machinery associated with the proposed development shall not exceed 27.0 dB LAeq.1hr(freefield) at the proposed dwellings and existing dwellings. Reason: To safeguard the amenity of existing and future residents, in accordance with policy P5 of the Isle of Wight Unitary Development Plan
10	Prior to the commencement of any development including site clearance and preparation a Dust Management Plan for the site clearance/site remodelling and construction phases shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall examine all aspects of the site preparation and construction phases where the generation of dust is feasible and further identify control measures to mitigate the generation of dust. The Dust Management Plan shall contain recommendations for measures to adequately control the generation of dust on the site including the access and egress of vehicles on and off the site. The development shall be carried out in strict accordance with the approved Plan unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the amenity of existing and future residents, in accordance with policy P5 of the Isle of Wight Unitary Development Plan
11	Construction works should not occur before 0800 hrs or after 1800 hrs Monday to Fridays inclusive and Saturdays 0800 to 1300 hrs and there should be no working or deliveries to the site outside those hours. Reason: To safeguard the amenity of existing and future residents, in accordance with policy P5 of the Isle of Wight Unitary Development Plan
12	Deliveries to the employment uses and subsequent unloading of delivered materials/goods shall not occur at any time outside the following permitted hours: Monday to Friday 0800 to 2000 hours; Saturday 0800 to 1600; Sundays and Bank Holidays 1000 to 1400. Reason: To safeguard the amenity of existing and future residents, in accordance with policy P5 of the Isle of Wight Unitary Development Plan
13	On completion of the spinal access road, the surfaces of the spinal access road and other internal access roads shall be maintained in good state of repair and kept clean and free of mud and other debris at all times during construction works and until completion of construction works. Reason: In the interests of highway safety and safeguarding the local environment, in accordance with policy P1 of the Isle of Wight Unitary Development Plan
14	No construction vehicle shall enter the public highway unless their wheels and chassis have been cleaned to prevent material being deposited on the highway. Reason: In the interests of highway safety and to prevent mud and dust getting on the highway, in accordance with policy P1 of the Isle of Wight Unitary Development Plan
15	Prior to the submission of any reserved matters application a full arboricultural survey shall be submitted for the written approval of the Local Planning Authority and shall include the following: a plan showing the location of, and allocating a reference number to, each existing tree on the site which has a stem with a diameter, measured over the bark at a point 1.5 metres above ground level, exceeding 75 mm, showing the species, girth or stem diameter, height, crown spread, state of health and stability of each tree, together with details of those trees that are to be retained and details of any proposed topping or lopping; details of any proposed topping or lopping of any tree on land adjacent to the site; a plan showing existing ground levels and details of any proposed alterations thereto and of any proposed excavations; a plan showing the location, spread, height, species and state of health of all existing hedgerows, hedges and other areas of vegetation on the site, together with details of those that are to be retained and details of any that are proposed to be cut back or removed, wholly or partially. No development shall be started until all the trees within (or overhanging) the site, with the exception of those trees clearly shown to be felled on the submitted plan, have been surrounded by substantial fences which shall extend to the extreme circumference of the spread of the branches of the trees (or such positions as may be agreed in writing by the Local Planning Authority). Such fences shall be erected in accordance with a specification to be submitted to and approved in writing by the Local Planning Authority and shall remain until all development is completed and no work, including any form of drainage or storage of materials, earth or topsoil shall take place within the perimeter of such fencing. Development shall be carried out in accordance with the approved plans, particulars and details pursuant to this condition. Reason: To allow the proper consideration of the impact of the proposed development on the amenity value of the existing site and to comply with policies D3 (Landscaping) and C12 (Development affecting Trees and Woodland) of the Isle of Wight Unitary Development Plan.
16	No development shall be commenced unless and until details of measures to protect and safeguard the hedgerows within the application site, have been submitted to and approved in writing by the Local Planning Authority. Such measures as may be agreed shall be implemented prior to the commencement of site works and remain for the duration of the construction phase In this condition "retained hedge or hedgerow" means an existing hedge or hedgerow which is to be retained in accordance with the approved plans and particulars. No retained hedge or hedgerow shall be cut down, uprooted or destroyed, nor shall any retained hedge or hedgerow be reduced in height other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. If within a period of 5 years from the completion of the development the whole or any part of any retained hedge or hedgerow is removed, uprooted, is destroyed or dies, another hedge or hedgerow shall be planted at the same place and that hedge or hedgerow shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority. The erection of fencing for the protection of any retained hedge or hedgerow shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any fenced area in accordance with this condition and the ground levels within those areas shall not be altered nor shall any excavation be made or fire be lit, without the written consent of the Local Planning Authority. Reason: To ensure the continuity of amenity afforded by existing hedges or hedgerows and to comply with policies D1 (Standards of Design) and C13 (Hedgerows)of the Isle of Wight Unitary Development Plan.
17	This permission shall relate to the use of the site for Classes B1c, B2 and B8 development and in total combination shall not exceed a maximum gross floorspace of 49,774m2 and individually shall not exceed 12,831m2 B1c uses and 36,943m2 B2/B8 uses. Reason: In accordance with the stated intentions of the applicant and the submitted Environmental Impact Assessment and traffic assessment against which the application has been assessed. Any material alteration from such assessments may have an impact which has not been subject to proper consideration against the relevant planning policies.
18	No development of the employment site shall be commenced unless and until a scheme detailing the proposed artificial lighting for that part of the application site has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with the approved lighting scheme unless otherwise agreed in writing by the Local Planning Authority and maintained as such thereafter. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D4 (Light Spillage) of the Isle of Wight Unitary Development Plan.
19	Within a period of one month of the occupation of each unit within the employment area of the site, the occupier/tenant/landlord of each unit shall undertake a travel survey and this data will form part of a Travel Plan. Within a period of 6 months from the first date of occupation of each unit, a Travel Plan shall be submitted for the written approval of the Local Planning Authority. The Travel Plan shall as a minimum include the broad areas of actions, objectives and timescales for review and monitoring. Within a period of twelve months of the occupation of the building, the tenant/landlord shall undertake a monitoring survey. Within twelve months of occupation of each unit, a Travel Plan shall be submitted for the written approval of the Local Planning Authority, which shall include a review of targets, measures and staff survey data. Annually from the occupation of the building, a Travel Plan shall be submitted for the written approval of the Local Planning Authority for a period of 5 years and then at a time agreed in writing by the Local Planning Authority. Reason: To ensure sustainable modes of travel are used in accordance with policy of the E1 (Promotion of New Employment Uses) and TR3 (Locating Development to Minimize the Need to Travel) of the Isle of Wight Unitary Development Plan.
20	Overall parking provision on the residential area of the site shall ensure minimum 1 parking space per unit and shall not exceed an average of 1.5 parking spaces per unit. No dwelling shall be occupied until the associated provision for off street parking has been completed and made available for the use of that dwelling to the satisfaction of the Local Planning Authority. Such spaces shall be available at all times for the parking of a private motor vehicle. Reason: In compliance with policy TR16 (Parking Policies and Guidelines) of the Isle of Wight Unitary Development Plan and advice contained in PPG3 - Housing.
21	No development shall be commenced on the residential part of the site unless and until a scheme detailing the locations of and level of provision for disabled persons car parking has been submitted for the written approval of the Local Planning Authority. Such approved parking provision shall be completed in accordance with the approved details and made available for use prior to the first occupation of the associated dwellings. The parking provision shall be retained and kept available for use thereafter. Reason: To ensure an adequate level of provision for disabled persons car parking, in accordance with policy TR16 (Parking Policies and Guidelines) of the Isle of Wight Unitary Development Plan
22	No development shall be commenced on the residential part of the site unless and until a scheme detailing the design, locations and level of provision for cycle parking has been submitted for the written approval of the Local Planning Authority. The scheme shall provide for a minimum level of provision of 1 space per flat and 1 space for each dwellinghouse without curtilage or garage. Such approved cycle parking provision shall be completed in accordance with the approved details and made available for use prior to the first occupation of the associated dwellings. The cycle parking provision shall be retained and kept available for use thereafter. Reason: To ensure an adequate level of provision for cycle parking, in accordance with policy TR16 (Parking Policies and Guidelines) of the Isle of Wight Unitary Development Plan
23	Vehicular access to the North of the site connecting to Kingston Road shall not be used other than as a route for the arrival and departure of buses, cycles and pedestrians. Details of how such use is to be restricted and maintained including physical and management controls (the measures) shall be submitted to and approved in writing by the Local Planning Authority prior to the first use of the new road. The approved measures shall be implemented, retained and maintained thereafter. Reason: In the interests of highway safety in accordance with policy TR7 (Highway Considerations) and in accordance with the requirements of policy E5 (13) (Allocation of Employment Sites – Kingston) of the Isle of Wight Unitary Development Plan
24	Notwithstanding the details contained within the ES and shown on the Masterplan XX dated XX, no development shall be commenced unless and until a detailed pedestrian access strategy including timescales for its implementation has been submitted to and approved in writing by the Local Planning Authority. The strategy shall include full details of the network of paths in and around Kingston Copse; within the southern area of the application site; and within the area where residential development and the links with the internal networks to the footpath networks outside the application site. The strategy shall include full details of path standards including their dimensions, construction and surface materials. The development shall be carried out in accordance with the approved strategy. Reason: To ensure an adequate level and standard of provision in appropriate locations and to prevent disturbance to wildlife and sensitive areas, in accordance with policies C8 (Nature Conservation), TR17 ( Public Rights of Way) and TR6 (Cycling and Walking) of the Isle of Wight Unitary Development Plan.
25	No development pursuant to this planning permission shall commence unless and until the developer has submitted the following full design and construction details of the required improvements to the access with Beatrice Avenue and such details have been first agreed in writing by the Local Planning Authority, in consultation with the local highway authorities and shown in outline in Drawing XXXX dated XXXX. Development shall be carried out in accordance with the approved details. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
26	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no means of access shall be provided between the development hereby approved and Beatrice Avenue other than that expressly authorised by this permission. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
27	Prior to the commencement of development on the residential area of the site, the developer shall submit a traffic calming and street lighting scheme for that part of the development and for Beatrice Avenue for the written approval of the Local Planning Authority. The approved scheme shall be implemented prior to the 25% occupation of the dwellings and shall be retained and maintained thereafter. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
28	On completion of 220 dwellings or before 2009, whichever is sooner, the spinal access road as indicated on the Masterplan XXX dated XXX shall be provided and completed in its entirety to its junction with Kingston Road, in accordance with detailed drawings to be first submitted for the written approval of the Local Planning Authority. Reason: To ensure an adequate standard of highway access and drainage for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
29	Prior to the first occupation of any dwelling, the extent of vehicular and pedestrian access from Whippingham Road to the employment site as shown on Masterplan D18/1111/SMP/A101) should be provided and completed in its entirety, in accordance with detailed drawings (which shall include full details of levels, construction details, surfacing, drainage, bund positions and construction, verge planting and sectional drawings) to be submitted for the written approval of the Local Planning Authority. Reason: To ensure an adequate standard of highway access and drainage for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
30	Prior to the commencement of any development including site clearance and preparation, a scheme detailing the provision of maintenance access to the former sewage works site shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall indicate how access to the former sewage works will be provided and maintained and shall include levels, surfacing, drainage and construction details and how the means of restricting its use to maintenance vehicles will be achieved. Development shall be carried out in accordance with the approved details and shall be retained and maintained thereafter. Reason: To ensure that an adequate means of access is provided to the former sewage works site, in accordance with policies TR7 (Highway Considerations) and C12 (Development affecting Trees and Woodland) of the Isle of Wight Unitary Development Plan.
31	No development approved by this permission shall be commenced until schemes for the disposal of foul and surface waters have been approved in writing by the Local Planning Authority. The scheme for the surface water regulatory system shall be designed and implemented to the satisfaction of the Local Planning Authority and shall be supported by detailed calculations. The surface water regulatory system scheme shall include a maintenance programme and shall establish ownership of the storage system for the future. The formulation of a scheme for the disposal of surface waters shall investigate the potential for such a scheme to be delivered in a sustainable form (SuDS). Should such an approach prove not to be feasible or viable the developer shall demonstrate in writing the reasons why. The development shall be constructed, completed and maintained in accordance with the approved schemes unless otherwise agreed in writing by the Local Planning Authority. No dwelling or employment unit shall be first occupied until the associated infrastructure for the disposal of foul and surface waters has been completed. Reason: To ensure that the disposal of foul waters and surface water run-off is satisfactorily accommodated and to comply with policies C8 (Nature Conservation), G6 (Development in Areas Liable to Flooding) and U11 (Infrastructure and Services Provision) of the Isle of Wight Unitary Development Plan.
32	Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstanding shall be passed through an oil interceptor that has been constructed in accordance with details submitted to and approved in writing by the Local Planning Authority. Roof water shall not be permitted to pass through the interceptor. Reason: To minimise the risk of pollution and to comply with policy P1 (Pollution and Development) of the Isle of Wight Unitary Development Plan.
33	Prior to the commencement of any development including site clearance and preparation and between the months of March and September inclusive, engineering works associated with the creation of an ecological bund and buffer area adjacent to the River Medina shall be undertaken in accordance with a detailed scheme to be first submitted to and approved in writing by the Local Planning Authority. The scheme shall also include full details of planting for the ecological buffer area which shall be undertaken in the first available planting season following the completion of the engineering works associated with the construction of the bund. If within a period of 5 years from the completion of the ecological bund and buffer area any planting is removed, uprooted, is destroyed or dies, replacement planting shall be provided locations and of a size and species and timing, as shall be specified in writing to and approved in writing by the Local Planning Authority. Development of the ecological bund and buffer area shall be carried out in accordance with the approved details and shall be retained and maintained thereafter. Reason: In order to prevent disturbance to wildlife and habitats in accordance with policies C8 (Nature Conservation), C7 (River Corridors and Estuaries) and C9 (Sites of International Importance for Nature Conservation) of the Isle of Wight Unitary Development Plan.
34	Prior to the commencement of any development including site clearance and preparation, the landscape buffer zone and land to the south of the areas of the site identified for employment and residential development shall be fenced in accordance with a scheme to be first submitted and approved in writing by the Local Planning Authority. Such scheme shall include the locations of fencing, its height and design. The approved fencing shall be erected, retained and maintained thereafter. Reason: In order to prevent disturbance to wildlife and habitats in accordance with policies C8 (Nature Conservation), C7 (River Corridors and Estuaries) and C9 (Sites of International Importance for Nature Conservation) of the Isle of Wight Unitary Development Plan
35	No site clearance, ground remodelling or other preparatory works including the removal of trees, shrubs and grassland vegetation shall be carried out between the months of March to July inclusive. Reason: In order to prevent disturbance to wildlife and habitats in accordance with policies C8 (Nature Conservation) and C9 (Sites of International Importance for Nature Conservation) of the Isle of Wight Unitary Development Plan.
36	Any trees or buildings on the site which are to be felled/removed and which have the potential to provide bat roosts shall be surveyed by a competent specialist one month prior to their felling/removal. If the presence of bats is recorded mitigation measures shall be first submitted to and agreed in writing by the Local Planning Authority. The felling/removal of such trees/buildings shall be carried out in accordance with the approved mitigation measures. Reason: In order to prevent disturbance to wildlife and habitats in accordance with policy C8 (Nature Conservation) of the Isle of Wight Unitary Development Plan.
37	No development shall be commenced unless and until an ecological mitigation strategy has been submitted to and approved in writing by the Local Planning Authority. The strategy shall include full details of measures for habitat creation and enhancement and mitigation planting throughout the application site and details of its management and maintenance. The strategy shall also include details of measures for the management of maintenance of retained features including hedgerows and Kingston Copse. The strategy shall also include details to demonstrate how the wildlife on adjacent sites is to be protected during the construction period. The development shall be carried out in accordance with the approved strategy. Reason: In order to protect and enhance the nature conservation and bio-diversity of the site in accordance with policies C8 (Nature Conservation), C7 (River Corridors and Estuaries) and C9 (Sites of International Importance for Nature Conservation) of the Isle of Wight Unitary Development Plan.
38	Piling, or any other foundation design using penetrative methods, will not be permitted on any part of the site between the months of October to March inclusive. Reason: In order to prevent disturbance to wildlife and habitats in accordance with policies C8 (Nature Conservation) and C9 (Sites of International Importance for Nature Conservation) of the Isle of Wight Unitary Development Plan.
39	Immediately prior to development, a survey should be carried out to determine the presence or otherwise of badgers on site. The results of the survey should be submitted to the planning authority. Reason: In order to prevent disturbance to wildlife and habitats in accordance with policy C8 (Nature Conservation) of the Isle of Wight Unitary Development Plan.
40	A mitigation plan for the translocation of reptiles should be agreed with the Local Planning Authority and implemented in full, prior to development of those parts of site where reptiles are known to be present. Reason: In order to prevent disturbance to wildlife and habitats in accordance with policy C8 (Nature Conservation) of the Isle of Wight Unitary Development Plan.
41	No development shall be commenced within the application site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which shall have been submitted to and approved in writing by the Local Planning Authority. The development of the site shall be carried out in accordance with the approved scheme of investigation. Reason: In order to ensure that provision is made for the provision of a programme of archaeological recording, in accordance with policy B9 of the Isle of Wight Unitary Development Plan.
42	No development on the residential part of the site approved by this permission shall be commenced until full details of the existing and proposed ground levels for that part of the site have been submitted to and approved by the Local Planning Authority. The development shall be constructed and completed in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and maintaining the visual amenity of existing residents, in accordance with policies C1 (Protection of Landscape Character), D1 (Standards of Design) and D2 (Standards for Development Within the Site) of the Isle of Wight Unitary Development Plan.
43	No development on the employment part of the site approved by this permission shall be commenced until full details of the existing and proposed ground levels for that part of the site have been submitted to and approved by the Local Planning Authority. The development shall be constructed and completed in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and maintaining the visual amenity of existing residents, in accordance with policies C1 (Protection of Landscape Character), D1 (Standards of Design) and D2 (Standards for Development Within the Site) of the Isle of Wight Unitary Development Plan.
44	No development shall be commenced on the employment part of the site unless and until a scheme demonstrating the incorporation of energy efficiency measures into the design and operation of the buildings have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved particulars. Reason: In the interests of making more efficient uses of existing resources and renewable energy, in accordance with policy D13 (Energy Conservation) of the Isle of Wight Unitary Development Plan.
45	No development shall commence on the employment part of the site unless and until a scheme demonstrating the incorporation of renewable energy options to be used in the design and operation of the buildings have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme. Reason: In the interests of making more efficient uses of existing resources and renewable energy, in accordance with policy D13 (Energy Conservation) of the Isle of Wight Unitary Development Plan.
46	No development shall be commenced on the residential part of the site unless and until a scheme demonstrating the incorporation of energy efficiency measures into the design and operation of the buildings have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved particulars. Reason: In the interests of making more efficient uses of existing resources and renewable energy, in accordance with policy D13 (Energy Conservation) of the Isle of Wight Unitary Development Plan.
47	No development shall commence on the residential part of the site unless and until a scheme demonstrating the incorporation of renewable energy options to be used in the design and operation of the buildings have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme. Reason: In the interests of making more efficient uses of existing resources and renewable energy, in accordance with policy D13 (Energy Conservation) of the Isle of Wight Unitary Development Plan.
48	No development shall commence on the residential part of the site unless and until details of the location and layout of the site compound (s) for that part of the site have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and maintaining the amenity of existing residents, in accordance with policies C1 (Protection of Landscape Character), D1 (Standards of Design) and D2 (Standards for Development Within the Site) of the Isle of Wight Unitary Development Plan.
49	No development shall commence on the employment part of the site unless and until details of the location and layout of the site compound (s) for that part of the site have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and maintaining the amenity of existing residents, in accordance with policies C1 (Protection of Landscape Character), D1 (Standards of Design) and D2 (Standards for Development Within the Site) of the Isle of Wight Unitary Development Plan.
50	Prior to the first occupation of the development, a landscape management plan, including long-term design objectives, management responsibilities and maintenance schedules for all landscaped areas, other than privately owned domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out in accordance with the approved details. Reason: To ensure the provision of long-term maintenance at the site, in accordance with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.

Informatives:

· This development is subject to the planning obligation entered into by the applicant under Section 106 of the Town and Country Planning Act 1990, prior to the granting of planning permission.

· This grant of planning permission does not authorise the closure or diversion of the public right of way as indicated on the approved plan, until the appropriate order has been made.

· The applicant is advised that the requirements of all the conditions precedent must be satisfied prior to the commencement of the development. Failure to satisfy the conditions precedent renders all development unauthorised and unlawful and appropriate action may be taken by the Council.

· The applicant is advised that any works which could impact upon dormice will require a DEFRA licence before works can commence

· The applicant’s attention is drawn to the following design guides produced by the Council:

www.iow.gov.uk/living_here/planning/images/open_space.pdf; www.iow.gov.uk/living_here/planning/images/Affordable_Housing.pdf; and www.iow.gov.uk/living_here/planning/images/Communitysafety.pdf.

· The applicant is advised that the landscape proposals shall include the planting of native species only.

· The applicant is advised of the potential conflict between the indicative siting shown on the plans and existing trees at the site, namely, the linear group of Ash and Turkey Oak alongside the access track from Beatrice Avenue to the southern perimeter of the site and the area of woodland east of the field adjacent to this track. A buffer zone should be maintained between these trees and the proposed development to ensure that there is no damage to the trees. The development proposals shall reflect this advice.

· The applicant's attention is drawn to the contents of the attached letter from the Environment Agency dated 28^th October 2005.

· It is recommended that anybody involved with inspecting or carrying out work on trees at the site is made aware of the possible presence of bat roosts in and to proceed with caution. If bats are discovered at any time, work must cease and advice sought from a licensed bat worker.

· Your attention is drawn to the provisions of the Building Regulations, and related legislation which must be complied with.

· The applicant’s attention is drawn to the need to comply with the requirements of the Control of Pollution Act 1974 concerning construction site noise and in this respect you are advised to contact the Council’s Environmental Health Division.

· The applicant is advised that this permission does not authorise the display of advertisements at the premises and separate consent may be required from the Local Planning Authority under the Town and Country Planning (Control of Advertisements) Regulations 1992.

· The following policies from the Isle of Wight Unitary Development Plan were considered relevant in determining this application: S1, S2, S3, S7, S8, S10, S11, S15, G1, G4, G6, D1, D2, D3, D10, D11, D12, D13, D14, B2, B6, B9, B10, C7, C8, C9, C12, C14, P1, P5, TR4 , TR6, TR7, TR8, TR16 , TR17 , U2, U11, U16 , L10

02

Reference Number: P/01594/04 - TCP/23899/D Parish/Name: Seaview - Ward/Name: Seaview & Nettlestone Registration Date: 26/07/2004 - Full Planning Permission Officer: Mr P Salmon Tel: (01983) 823552 Applicant: Tesco Stores Limited 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, Isle Of Wight, PO331QS The application is recommended for Conditional Permission

This application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This application is put before Members because of it scale and because it has genuine Island wide significance.

1 Details of Application

1.1 Full planning permission is sought for a new Store to replace the existing Tesco outlet to be located on land immediately to the north east of the existing store on a site formerly occupied by a go-kart track. Proposals also include the relocation of the petrol filling station to the southwest corner of the site, a new car park layout, and new access routes to the buildings from the existing access road adjoining Brading Road.

1.2 The new store is proposed to provide a total of 9,180 square metres of floor space, an increase of 1,366m² on the existing store (which currently has a floor space area of 7,514m²). There would be a total net sales area of 5,567m², 2,201m² more than the existing store as currently laid out. The majority of the floor area will be taken up by convenience goods (food, groceries and every day items) with some also being used for the sale of the comparison goods*(household items).

1.3 The proposed store building itself is proposed to be a flat roof rectangular building, the frontage of which on its south elevation will comprise largely a glass wall extending to some 7m high; the building itself will be 9m high in total. The glass front of the south elevation would also comprise a series of an exposed steel structural frame supporting a front canopy. The remaining three sides of the building, the east west and north elevations will be clad by Rannila panels (white coloured coated metal panels). The service yard will be to the rear of the building on its north side and will be enclosed with a palisade fence structure.

1.4 The relocated petrol filling station in the south west corner of the site would provide twelve pump stands arranged between wider isles than are currently available at the existing petrol filling station. The kiosk will have a floor space area of 70m² and is an exact copy of the existing facility. To the rear of the kiosk are proposed a car wash and jet was facility. The height of the petrol filling station awning is 5m² in comparison with the existing Tesco building of 10.6m. The impact of the petrol filling station will be further reduced by the proposed lowering of the ground floor level at this point by approximately 2m sheltering the facility behind the existing grass embankment.

1.5 The proposed car park needs to be reconfigured to provide a total of 686 car parking spaces and 14 motorcycle spaces. The current car park provides 750 spaces. Of the new spaces 30 will be provided for disabled parking and 29 will be allocated as parent/toddler spaces.

1.6 The store will be accessed from a new three-armed roundabout located on the existing access road some 230m from the junction with Brading Road. The roundabout will serve to provide access to the rear service yard of the new store by delivery vehicles and access to all the car parking spaces from a new road which will form part of the proposed car parking layout. The petrol filling station will have its own entrance and exit with the existing access road situated some 80m from the Brading Road junction.

1.7 A new bus stop lay-by is proposed on the existing access road which will drop passengers off at a distance of some 110m from the front door of the proposed new store. Tesco have secured by agreement with Southern Vectis that all commercial bus services that utilise the Brading Road, as well as the Tesco free bus services, will use this bus stop.

1.8 Proposals also include a new pedestrian and cycle access link from the east side of Brading Road, immediately to the south of the current IMO car wash facility. This link will be approximately 150m long between Brading Road and the main front entrance of the proposed store.

1.9 The planning application was originally submitted with the following supporting documents:

· A retail and planning assessment prepared by DPP.

· A transport assessment prepared by Boreham Consulting Engineers.

· A landscape supporting statement prepared by EPCAD.

· An ecological assessment prepared by EPCAD.

· A drainage review prepared by White Young Green.

1.10 Since the submission of the original application in July 2004, additional information has been provided that includes:

· Additional landscape information for the petrol filling station (August 2005).

· A petrol filling station access briefing note (January 2005).

· Revised access route within car parking area (November 2005).

1.11 Tesco have offered a contribution of £190,000 towards the improvement of Ryde town centre as a mitigation measure towards any impact that the new store would have. They are also offering a public transport contribution of £56,000 towards the re-routing of all Brading Road commercial services to the proposed new bus stop on the Tesco access road. These contributions will be included within a Section 106 Agreement.

2. Location and Site Characteristics

2.1 The proposed development site broadly comprises the existing Tesco store, its petrol filling station and car parking area. It also includes a former go-kart track to the north (formerly developed land) and an area of mature woodland and landscaping to the north and north east. Immediately to the west of the site of the proposed store building are located the Jehovah Witness’ Kingdom Hall (18m) between which would be a retained fence and line of mature landscaping, the Imo car wash facility (90m) and the rear of the McDonald’s fast food takeaway at 75m. The rear of the nightclub is situated at 20m from the north western most point of the proposed store. The nearest houses are located to the north of the site at Mulberry Way, at a distance of some 80m. Between the service yard and these houses is a line of mature woodland and undeveloped land. To the east of the site of the proposed new store are the vacant vehicle museum buildings and the Westridge Leisure Centre situated some 50 – 100m away.

3. Relevant History

3.1 Outline planning permission for the Tesco Store was originally granted on appeal in August 1979. It also granted consent for development of the adjoining recreation and leisure complex. The permission restricted the store to the provision of 1,394m² for convenience goods and 1,115m² for durable goods.

3.2 The petrol filling station and bus lay-by facilities were granted in January 1982.

3.3 In January 1984 permission was granted for the enlargement of the Tesco Store to provide a new floor space limit of 1,858m² for convenience goods and 1,245m² for sale of comparison goods.

3.4 In August 1992 the Council approved a variation of planning condition to enable an increase in floor space area for the sale of convenience goods, no alternative condition was imposed to restrict the floor space of the store.

3.5 Permissions were granted in April 1994 and April 1995 which enabled an expansion of the total floor space to 6,760m². No conditions were imposed to limit the amount of convenience or comparison floor space within the overall area.

3.6 In November 2002 permission was granted for the extension of the bulk storage area by 783m² to give a new total floor space for the store of 7,543m².

3.7 In June 2003 a Certificate of Proposed Lawful Use or Development was issued enabling the installation of a new mezzanine floor within the existing Tesco Store building. The mezzanine floor would increase substantially the available retail floor space. Tesco’s have stated that the mezzanine floor would provide a total internal floorspace of 9,100 m² with a net sales area of 6,600 m² (equivalent to the proposed store currently before members)

4. Development Plan Policy

4.1 National Guidance

· PPS6 was published in March 2005 replacing the former PPG6. PPS6 states (paragraph 3.4) that applicants should be required to demonstrate the following:

(a) the need for development,

(b) that development is of an appropriate scale,

(c) that there are no more central sites for development,

(d) that there are no unacceptable impacts on existing centres and

(e) that locations are accessible.

· PPS6 requires that retail assessments prepared in support of planning applications need to be based on those carried out with development plan documents. In assessing the need and capacity for additional retail and leisure development, greater weight should be placed on quantitative need for additional floor space. PPS6 does acknowledge, however, that account should be taken of qualitative considerations. The guidance also requires that a sequential approach to site selection should be applied to all development proposals for main town centre uses for sites that are not in an existing centre. Developers and operators need to demonstrate they have been flexible about the proposed business model. PPS6 also states the following material considerations may also be taken into account, these being:

(a) physical regeneration,

(b) employment creation,

(c) economic growth and social inclusion.

· PPG 13 entitled Transport states “ A key planning objective is to ensure that jobs, shopping, leisure facilities and services are accessible by public transport, walking and cycling. This is important for all, but especially for those who do not have a regular use of a car and to promote social inclusion.” Paragraph 35 of PPG13 states “At the local level preference should be given to town centre sites followed by edge of centre and, only then, out of centre sites in locations which are, or will be, served by public transport. Where there is a clearly established need for such development and it cannot be accommodated in or on the edge of existing centres it may be appropriate to combine the proposal with existing out of centre developments provided that improvements to public transport can be negotiated.”

4.2 Strategic Policy

The relevant strategic policies of the Isle of Wight Unitary Development Plan are considered to be S1, S2, S5, S6 and S14.

4.3 Local Planning Policy

The following policies are relevant:

· G4 General Locational Criteria for Development

· D1 Standards of Design

· D2 Standards for Development Within the Site

· TR3 Locating Development to Minimise the Need to Travel

· TR7 Highway Considerations for New Development

· TR16 Parking Policies and Guidelines

· R2 New Retail Development

· R4 Development on Unidentified Sites

· P5 Reducing Impact of Noise

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Highways Engineers have no objection to the proposals subject to applying conditions on agreeing road details, parking and pedestrian and cycle access.

· Environmental Health Officers recommend applying a condition seeking the provision of a scheme to minimise noise impacts to nearby residents and the control of delivery times.

· The Conservation and Design Tam Leader considers this site to be one of generally large buildings, many of which are contemporary in design. The scale and style of the proposal is therefore not out of context. The area is commercial with ‘form following function.’ The store design is an honest solution to this area.

5.2 External Consultees

The Environment Agency have not responded.

5.3 Town and Parish Council

Nettlestone and Seaview Parish Council objected to the following:

· The relocation of the petrol filling station due to potential problems of queuing traffic and the impact on Brading Road.

· The questionable benefits of a second car wash so close to the existing facility to the north of the site.

5.4 Third Party Responses

Roger Tym and Partners, acting for Somerfield, cite that the proposals are contrary to the Unitary Development Plan for the following reasons:

· The proposed site lies outside the development envelope for Ryde.

· The proposals prejudice the policy which identifies the site for leisure use and tourism.

· Additional retail development lies outside of the Ryde town centre.

· There will be an unacceptable impact on Ryde town centre and other centres on the Island.

· The sequential test has not been applied in accordance with PPS6

Islandwatch object on the grounds that proposals will lead to more traffic generation.

SEEDA have objected on the grounds of the potential impact on store proposals for part of the regeneration of East Cowes.

Isle of Wight Friends of the Earth have objected on the following grounds:

· Impact on the Ryde economy.

· Effect on local employment.

· Increased car generation.

· Feeble mitigation put forward by Tesco to counter negative impacts.

5.5 Neighbours

Four residents have objected on the following grounds:

· Concern on layout and design of disabled parking.

· Insufficient disabled parking spaces.

· Impact of noise from the rear service yard to residents of Mulberry Way.

· The issue of flash flooding which needs to be resolved prior to the construction of the new store.

6. Evaluation

6.1 The key issues to be considered in determining this application are as follows:

· Retail capacity and headroom assessment

· The need for the new store.

· Potential impacts on existing town centres.

· Sequntial test

· Access, car parking and the proposed road layout.

· Access for public transport.

· Impact on residential amenity.

· Response to representations received.

· Design and Scale

Retail Capacity and Headroom Assessment

6.2 The Isle of Wight Council has sought help in the determination of this planning application from consultants Drivas Jonas with particular regard to the issues of identifying need and in the assessment of retail capacity in the Cowes, Newport, Ryde, Sandown and Shanklin catchment area. In October 2004 Drivas Jonas outlined their response to DPP’s retail assessment in a report submitted to the Isle of Wight Council. This was subsequently followed up by the publication of Drivas Jonas’s Islandwide Retail Capacity Study in June 2005 which was essentially produced to review the Unitary Development Plan and to respond to national guidance, PPG 6 Town Centres and Retail Developments that development plans should be based on an up to date assessment of retail capacity. This report, nevertheless, provides the context for the determination of this application with regard to retail capacity and need.

6.3 The Drivas Jonas report (June 2005) identifies projected retail capacity for both convenience and comparison shops. It does so by firstly defining respective catchment areas within which people travel to shop, and (by applying projected population estimates) calculates average and future expenditure. The report assesses available expenditure for convenience and comparison goods at 2006, 2011 and 2016. The report uses several data sources to identify the total amount of comparison and convenience goods floor space including commitments on the Island. Finally, the report compares future levels of expenditure with existing turnover estimates based on national turnover figures and translates the residual expenditure into floor space requirements.

6.4 The 2005 Drivas Jonas report concluded that for convenience retailing there would be a net surplus of expenditure of some £22.6 million by 2006 and some £25.3 million pounds by 2011. The report goes on to state the Council should make provision for this and states that the increased turnover is the equivalent of a small superstore or several medium sized stores. The report is also aware that at the time the Council had received applications for the new Tesco store (subject of this application) and for a new store in Shanklin which has subsequently been approved (the Lidl store). The Drivas Jonas report finally concludes that the level of capacity is sufficient to support the current proposals (namely the Tesco application, the Lidl’s proposal and the proposed store to form part of the East Cowes Regeneration). Concerning comparison retailing the report forecasts a surplus of expenditure that would support an additional 37,917m² gross of comparison floor space. The report identifies particular potential for take up of convenience floor space in Newport.

6.5 In October 2005 the Council was notified of Sainsbury’s intention to submit a planning application for the extension of its store in Newport. In the light of the fact that the Sainsbury’s store is a town centre site, whereas Tesco is an out of centre, and the fact that this would potentially have a further impact on the take up of retail capacity, Drivas Jonas were further instructed to update their retail headroom exercise. Attached as Appendix 1 to this report is Drivas Jonas’ letter which confirms that there is sufficient headroom to accommodate the potential Sainsbury’s extension, the Lidl store at Shanklin, the foodstore at East Cowes and the Tesco redevelopment proposals currently before you. It should be noted that at the time of writing this report there is no planning application received for the extension of Sainsbury’s. In summary the letter states that if the East Cowes, Sainsbury’s and Lidl proposals are fully implemented there would still be a net surplus of expenditure of some £14.3 million (excluding tourist expenditure). This is significantly more than the increased turnover of the proposed new store at Tesco (£6.2 million).

6.6 The work undertaken for the Isle of Wight Council by Drivas Jonas confirms there is sufficient retail capacity to accommodate commitments and proposals for town centre expansion and development for convenience retail as well as the proposals for the new redeveloped store at Tesco. Beyond this there would still be an expenditure surplus of some £8.1 million excluding tourist expenditure that should be provided for elsewhere.

Need

6.7 DPP’s retail and planning assessment submitted in support of the application identifies the quantitative need. This is demonstrated by the comparison of the existing store’s trading performance against Tesco’s company average levels. DPP state that the existing store overtrades by some 30% above the company average. The overtrading situation has been exacerbated by the growth and expenditure which will set to continue. They state that this is a valid demonstration of quantitative need for the redevelopment proposals arising specifically from the existing Tesco store. DPP also seek to demonstrate that the growth and expenditure in convenience goods and comparison goods far exceeds any increase in the turnover of the existing store.

6.8 In terms of qualitative need DPP state that in spite of the success and popularity of the existing store it also has distinct problems with overcrowding, in store congestion, stock control problems, queuing, restocking difficulties and “a generally uncomfortable shopping experience for the customer, particularly at busy periods in the summer. Whilst Tesco have a number of planning consents and a Lawful Development Certificate for the extension on floor space area, the internal layout of the store will continue to be compromised by the fact that it has evolved over many years, rather than being specifically planned from the outset. DPP state that the new store would resolve these problems by placing storage and preparation areas in close proximity to where they are needed on the shop floor and that a more efficient use of floor space would enable customers to receive the best service possible.

6.9 DPP state that the new store would provide an additional 80 jobs in addition to the 400 that are currently employed. Whilst employment is not an overriding component of need, DPP promote this as a valid material consideration.

6.10 The case for both the qualitative and quantitative need put forward by DPP is acknowledged. Planning officers accept the case for the need, particularly in the light of the conclusions made by Drivas Jonas in their headroom exercise identifying retail capacity. Should Tesco implement their current consents and options for the installation of a mezzanine floor, this would undoubtedly result in a poorer quality store environment in comparison with the proposals for the new store, and one that would not trade so efficiently.

Potential Impacts on Existing Town Centres

6.11 The DPP report acknowledges that either the mezzanine floor scheme (and expansion consents) and the new store proposals would have some impact on town centre expenditure for convenience goods. It is anticipated that a new store would have a slightly higher impact than the mezzanine scheme since it is considered it would be more attractive to customers and therefore likely to generate additional turnover. DPP state that the new store would have a convenience turnover of some £54.7 million and a comparison goods turnover of £10.17 million, resulting in a total good turnover of £64.9 million, this would compare to £62.13 million for the mezzanine scheme. DPP report there would be potential impacts on expenditure as follows:

Somerfield in Ryde - 4.3%

Iceland in Ryde around 1.1%

Other stores in Ryde - 1.9%

Morrisons in Sandown – 2.5%

Morrisons in Newport – 0.8%

Sainsbury’s in Newport – 0.9%

The report also acknowledges that Tesco Express at Wootton would experience an impact of around 2.6%. The impact cited by DPP they argue, would not undermine the future viability of the stores or centres to which they belong, indeed DPP consider the impacts to be low level.

6.12 Officers accept that some impact on existing stores and expenditure in town centres is inevitable. However it is accepted that such impacts would be insufficient to undermine the future viability of the other stores and as such this would not raise an objection in policy terms. Moreover the fact that the existing Tesco store has consents for its extension and an LDC for a mezzanine floor, these schemes could be implemented irrespective of any further examination with regard to need or impact. The offer of a financial contribution for the improvement of Ryde town centre made as part of the proposals for the new store is appropriate given the increased impact that the new store is likely to have above the expansion of the existing store. This contribution would seek to ensure that the vitality and viability of Ryde town centre is maintained.

6.13 The impact on Ryde town centre resulting from this proposed development is a material consideration. Although the impact on Ryde is described as within the DPP report as low (confirmed by Drivers Jonas’ findings), it is not considered to be ‘de minimus’. Neither is the impact on Ryde town centre considered to be unacceptable. In any event, the low level impact can be mitigated against by the payment of £190,000 towards improvement works in Ryde.

Sequential Test

6.14 PPS6 states that the sequential test should not apply to schemes that promote the extension of existing stores. Whilst the current Tesco proposals are for a new store, these need to be considered in the light of the fact that there is an existing store for which there is already a consent and an LDC for increased floor space that would not have to undergo the sequential test. DPP have nevertheless provided a sequential analysis of potential options or alternative sites for a new store. They consider that Ryde, in particular its town centre, is extensively developed and there is insufficient space or any appropriate sites available for the type of store proposed. The one available site identified in the Unitary Development Plan in George Street has already been taken up by Somerfield. In respect of any edge of centre site, DPP conclude there are no viablealtrative options for the ‘complete store’ proposed. DPP have also considered whether a proportion of additional floor space such as for the comparison goods could be separated and accommodated within vacant units in the town centre. The conclusion is that by separating the floor space in this way, a single retailer could not practically, or viably, operate the various stores created with increased overheads and the need for widespread duplication of product ranges. In any event, the alternative to that scenario would be the implementation of existing consents for the extension of the current store including the installation of the mezzanine floor.

6.15 With regard to Newport, the UDP identifies four sites, all of which are in the periphery of the main shopping centre, only one of which remains undeveloped, namely the Newport Fire Station site in South Street. This site has, however, been discounted on grounds of availability. A relocation to Newport would also seem inappropriate considering that there are already two large food store retailers in the town and that a relocation of Tesco would distort current retail travel patterns.

6.16 Officers consider that the current Tesco site and location is established. It is served by public transport and is now accompanied by adjacent alternative trip generating uses. The site therefore encourages multiple use trips and as such the existing site is considered to be more sustainable than an alternative option of seeking a new out of centre site.

Access and Car Parking

6.17 The level of car parking proposed as part of the scheme is considered appropriate and meets the requirements of PPG13. Highway Engineers raise no objection to the proposed road layout. Further information concerning the queuing distances of the proposed petrol filling station submitted by the applicants’ Highway Consultants Forum confirms the siting of the junction to be acceptable.

6.18 A revision to the access layout has been provided that would enable bus access directly to the front main entrance of the Tesco building if required in the future.

Impact on Residential Amenity

6.19 Officers support the application of planning conditions to protect the amenity of residents to the north of the proposed store. This will seek noise reduction from operations and control hours of delivery.

Design and Scale

6.20 The design and scale of the proposed store is considered appropriate.

Public Transport

Proposals for a new bus stop on the access road are welcomed. These will result in all commercial services on the Brading Road directly access the Tesco store site. Whilst the stop is still situated some 100m from its main entrance at the new Tesco store, officers are keen that the walkway should be covered and propose to provide a condition that seeks to agree design of the walkway prior to the commencement of the scheme.

Responses to Representations Received

6.22 Officers consider that the sequential test outlined in the supporting documentation provided by DPP is appropriate and accords with national guidance. Whilst the site lies outside of the development envelope for Ryde the location, nevertheless, provides for multiple use trips when considering adjacent traffic generating uses.

6.23 Whilst it is acknowledged that there may be impacts on Ryde town centre, these are considered of minor nature and are mitigated by the proposed contribution towards improvements to the upgrading of the town centre environment.

6.24 Officers acknowledge that the proposed site encompasses part of the leisure/tourism allocation in the Unitary Development Plan (Policy T7(d)). The proposal is nevertheless considered appropriate as a significant leisure scheme in this location is feasible in land use terms whilst the opportunity for multiple use trips would be supported.

6.25 The use of conditions will seek to secure an adequate provision of parking spaces for the disabled. They will also ensure that the appropriate measures are put into place to reduce any impact from the rear service yard on residents of Mulberry Way and beyond.

6.25 Officers acknowledge that the use will generate significant levels of traffic, however, improved measures for alternative means of access are proposed as part of the scheme, including a more direct relationship between all commercial bus routes on Brading Road and the Tesco store as well as improved access for pedestrians and cyclists.

7. Conclusion and Justification for Recommendation

7.1 The application seeks consent for the redevelopment of an existing store. A key issue remains, that Tesco could lawfully increase the retail floor space of their current store without requiring any further consent. Planning conditions are such that they would be able to sell any amount of either comparison or convenience goods.

7.2 The proposals would provide a new store that would represent an improved shopping facility than the current building which dates back to the early 1980s and which has been subsequently added to by various extensions.

7.3 This location is an established one for Tesco. There are already adjacent traffic or trip generating uses which together represent an area that would generate multiple use trips.

7.4 The retail headroom exercises have demonstrated that there is adequate and sufficient retail capacity to accommodate not only this Tesco application but also those that by definition are located in town centres as defined by PPS6. These include Sainsbury’s in Newport, a proposed foodstore as part of the East Cowes regeneration, Tesco in Wootton and the Lidl store in Shanklin.

7.5 The sequential analysis has demonstrated that there are no more appropriate sites for a new expanded Tesco store. The impacts on Ryde town centre are considered to be minimal whilst the contribution towards the upgrade of the centre are deemed appropriate mitigation against any negative impacts.

7.6 The building is of an appropriate design and the proposed landscaping scheme adequately shields the proposed petrol filling station on the south west corner of the site. The proposals will have a greatly reduced impact on Brading Road where the existing building has a dominant and overbearing presence.

7.7 Alternatively means of access to the site by way of improved bus links and access by pedestrians and cyclists are supported.

8. Recommendation

It is recommended that conditional planning permission be granted subject to a S106 Agreement.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	The operation of the site including the number and arrangements for deliveries shall be the subject of a Store Management Plan with final details to be submitted to and agreed in writing by the Local Planning Authority before any work commences on site. Reason: In the interest of the amenities of the area and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
3	No more than 30% of the net sales area of the store hereby approved shall be used for the sale of durable goods, the definition of which shall include items such as books, clothing and footwear, electrical items, audio-visual equipment, soft furnishings and textiles, hardware, recreational and other miscellaneous goods. Reason: To maintain control over the level of floorspace available for the sale of durable goods and to comply with policy R4 of the Isle of Wight Unitary Development Plan
4	A scheme to minimise the emissions of noise affecting nearby residential premises shall be submitted to the local planning authority for approval.  The scheme shall anticipate noise emissions from the operation of plant. Machinery, business activities and include physical controls, operational restrictions and administrative controls, where appropriate.  The proposed controls should ensure that the rating level, determined in accordance with BS4142 1997, of the noise emitted from the proposed supermarket is lower than the existing “night-time” (between 23:00 and 07:00 hours daily) background noise level by at least 3 dB (and shall have no significant tonal component within any 1/3 Octave Band Level.  Any 1/3 octave band level is 5 dB or above the adjacent band levels the tone is deemed to be significant), and shall not exceed the existing “daytime” (between 07:00 and 23:00 hours daily) background noise level at any time (and shall have no significant tonal component within any 1/3 Octave Band Level), by measurement or calculation. The survey should also include details of the likely LAmax(f) levels arising from the proposed use including their anticipated frequency and projected times of occurrence and should be calculated at a position 1 metre from the boundary of the closest or most likely affected noise sensitive premises, to the proposed development.  The existing background noise level should be determined at a point 1 metre from the boundary of closest or most likely affected noise sensitive premises, to the proposed development. (A competent person may be contacted through “The Association of Noise Consultants” 6 Trap Road, Guilden Morden, Nr Royston, Herts, SG8 OJE Telephone 01763 852958.).  Reason: To prevent annoyance and disturbance, in particular sleep disturbance from noise emissions from the premises.
5	There shall be no deliveries (including delivery or service vehicle movements) unloading or handling of delivered goods in the service area before 7:00 am or after 11:00 pm Mondays to Saturdays before 8.00 am or after 7.00 pm on Sundays and at no time on Christmas Day or Easter Day. Reason: To prevent annoyance and disturbance, in particular sleep disturbance from noise emissions from the premises.
6	Development shall not begin until details of the design, surfacing and construction of any new roads, footways, accesses and car parking areas, together with details of the means of disposal of surface water drainage therefrom have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To ensure an adequate standard of highway access and drainage for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
7	Before the development hereby permitted is commenced, a scheme indicating the provision to be made for disabled people to gain access to the store shall be submitted to and approved by the Local planning Authority in writing. The approved scheme shall be implemented before the development hereby permitted is brought into use. Reason: To ensure adequate access for disabled persons and to comply with policy D12 (Access for People with Disabilities) of the Isle of Wight Unitary development Plan.
8	The building shall not be occupied until the means of vehicular access thereto has been constructed in accordance with the approved plans. Reason: To ensure adequate access to the proposed development and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
9	The buildings shall not be occupied until the means of access thereto for pedestrians and cyclists has been constructed in accordance with the approved plans. Reason: To ensure adequate safe provision of facilities for pedestrians and cyclists wishing to gain access to the site and to comply with policy TR6 (Cycling and Walking) of the Isle of Wight Unitary Development Plan.
10	The buildings shall not be occupied until a company travel plan, including phasing of implementation, has been agreed in writing with the local Planning Authority. Reason: To ensure that alternative means of transport to the site are provided for to achieve aims of reducing the need to travel by car in accordance with guidance outlined in PPG13 – Transport.
11	Before the use commences, a scheme showing details of the facilities to be provided for the deposit of refuse by customers shall be submitted to and approved in writing by the Local Planning Authority. All works forming part of the approved scheme shall be completed in accordance with the approved details before the use commences and shall thereafter be retained. Reason: In the interests of the amenities of the area and the occupiers of nearby properties and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
12	No loading equipment, stock, delivered stock or stock awaiting collection, finished or unfinished packaging crates or boxes shall be stacked or stored on the site at any time except within the building or the dedicated service yard identified for that purpose on the approved plans. Reason: In the interest of visual appearance of the site and the visual amenity of the surrounding area and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
13	No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include [proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (eg. furniture, play equipment, refuse or other storage units, signs, lighting, etc); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines, etc, indicating lines, manholes, supports, etc); retained historic landscape features and proposals for restoration, where relevant]. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
14	The building shall not be brought into use until details of any floodlighting to be installed have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
15	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
16	No development shall take place until details of the materials and finishes to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
17	No development shall take place until a scheme for the drainage of surface water from the development hereby approved has been submitted to and approved in writing by the local planning authority. The scheme as approved shall be completed before any building hereby permitted is first occupied. Reason: To ensure that surface water run-off is satisfactorily accommodated and to comply with polices G6 (development in areas Liable to flooding) and G7 (development on Unstable Land) of the Isle of Wight Unitary development plan.

Informative:

You are advised that the signage shown on the permitted drawings has not been granted consent and is subject to consideration under different regulations

03

Reference Number: P/01018/05 - TCP/27077 Parish/Name: Cowes - Ward/Name: Cowes Castle West Registration Date: 09/06/2005 - Full Planning Permission Officer: Mr J Fletcher Tel: (01983) 823552 Applicant: DMR Engineering Construction of one industrial unit for purposes of storage & 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, PO31 The application is recommended for Conditional Permission

This application is recommended for conditional permission

REASON FOR COMMITTEE CONSIDERATION

This is a major application which has raised a number of local issues of concern to local residents and attracted a level of opposition which results in the application being required to be determined by the Committee.

1. Details of Application

1.1 This is a full application seeking consent for industrial development in the form of one central industrial unit providing 1680 m² of floor space with an additional mezzanine floor space of 336 m² having a total area of 2016 m². Second element of the application is a terrace of 10 units each having a floor space of 105 m². The third element is a further terrace of nine starter units each having a floor area of 90 m². Total overall gross floor area being provided is approximately 4000 m².

1.2 Larger anchor unit centrally located approximately 9.5 metres off the back edge of footpath to Seaview Road. Block itself measures 28 metres by 60 metres. Second element (terrace of ten units) located adjacent the western boundary (rear of site) being 60 metres in width by 17.5 metres in depth. Third element (terrace of nine units) situated abutting the northern boundary of the site and having an overall measurement of 53 metres wide by 15 metres in depth.

1.3 Development to be served off Seaview Road on its western side using the existing Bellmouth access adjacent the south eastern corner of the site and involving the creation of a second access in the north eastern area of the site again accessing onto Seaview Road.

1.4 Proposal indicates a total of 50 parking spaces dispersed in four groups around the anchor unit served off new access roads within the site. Second element indicates a total of 20 parking spaces (two spaces per unit) whilst the third element is provided with a total of 18 parking spaces (two spaces per unit).

1.5 Proposal indicates a delivery yard set on the southern side of the proposed anchor unit accessed from the west.

1.6 Following negotiations proposal indicates landscaping to the front of the site where it abuts Seaview Road.

1.7 Site to be serviced by a proposed 6 metre wide internal access road layout having an ingress only at the southern only with an egress at the northern entrance. Proposal includes for visibility splay land further to the south on the frontage to Seaview Road.

1.8 The anchor unit to have a ground ridge height of 8.7 metres reducing to a eaves height of 6 metres. Unit has a glazed feature element at its eastern end where is abuts Seaview Road where the ground to ridge height increases to 9.2 metres reducing to ground to eaves height of 6.6 metres. Building to be finished in folded steel wall sheeting, finished in goosewing grey or similar with the ground floor element of the proposal being finished in facing brick. The eastern most elevations to be finished in contrasting colour wall sheeting. Roof to be in the form of shallow pitched room finished in folded steel sheeting colour goosewing grey.

1.9 The internal use of the building provides for general office, canteen, reception and storage with toilets at the eastern end of the building with the central area being set aside as a fabrication workshop and the western end as an aluminum and stainless steel workshop with internal office. Proposal includes for a mezzanine floor above the general office area at the eastern end. Proposal includes for three loading doors two serving the fabrication workshop and one serving the aluminum and stainless steel workshop with those doors being situated within the south facing elevation.

1.10 The two terrace blocks of starter units to be finished in similar materials with each unit being provided with a toilet facility. These units are basic starter units providing straight forward floor space for B1 or B8 uses.

1.11 The occupier of unit 1 is by an engineering company who started approximately 23 years ago in Bembridge and then relocated to Forest Road where it stayed for 18 years and is now at its current location being on the Somerton Industrial site where it has been for 3 years. Other information is itemised as follows.

· The company employs 17 members of staff employing local people and the owner states that he is an expanding company providing services for other local businesses including Vesta Blades UK.

· The business process consists of preformed metal being delivered and made into some specific client requirement within the building.

· The working process does not involve a production line where machines and presses are in continual operation but each member of staff has his own work station with that station being used for the machining of the metal, some angle grinding, some welding and maybe some painting.

· The work space also includes diverse fixing supplies and there is a small element of safety clothing and tools as an incidental use of the main use.

· Deliveries arrive on site about 10 am and there are two aluminum deliveries per week and two steel deliveries a week. This is generally on a rigid lorry and rarely an articulated lorry.

· The use also consists of acting as stockists of large steel sections alongside the manufacturing of steel components. The applicants have agreed to the manufacturing use in terms of hours of operation being set as follows:

0700 hours to 1800 hours on Mondays to Fridays

0800 hours to 1300 hours on Saturdays

No use on Sundays or recognised bank holidays.

1.12 Following a request applicants have provided a noise impact assessment commissioned to establish likely effect of noise on nearby houses. The study method used is quoted as follows:

DMR Engineering have an existing operating site on Somerton Industrial Estate working as stockists of large steel sections and manufacturers of steel components. The stocking part of the operation is quiet with the occasional visit of a delivery vehicle and off loading by gas driven forklift trucks. Inside the building the manufacturing process involves cutting steel, folding, welding, hammering and grinding. Of these processes the use of the guillotine to cut steel plate grinding operations hammering and sawing steel tube and sections are the noisiest.

This existing set up was used as a template to measure levels of noise from the various operations and processes. These values to be converted to take into account the new environment within the larger factory. From these revised values the attenuation provided by the new structure can be subtracted and the effect of the noise radiation from the factory to the houses can be estimated.

To provide a basis for comparison an environmental noise survey was carried out at the boundary of the industrial site with houses in Three Gates Road. The location of the measuring point was chosen to provide a current level of noise affecting the houses from traffic movement and another industrial estate some distance away.

Having established the current noise levels at the houses and using the estimated anticipated noise from the new factory an assessment of the degree of acceptability of the new site can be made using the basis laid down by BS4142:1997 titled Method for industrial Noise Affecting Mixed Residential and Industrial Areas.

1.13 Following negotiations the design of units 12 to 20 has been revised and now indicates an asymmetric roof with a lower eaves level of 5.2m (6.5m to ridge) where these units abut the northern boundary. These units will be situated a minimum of 28m from the rear gardens of houses in The Chandlers.

2. Location and Site Characteristics

2.1 Application relates to a 1.1 hectare level site on the western side of Seaview Road and east of residential development of Highfield Road and existing industrial premises in Prospect Road.

2.2 Site has recently been fenced off from the surrounding area. Northern boundary of the fenced land abuts an area of uncultivated land which is to act as a buffer between the residential development and the industrial development. Work has recently commenced on landscaping of this area.

2.3 Further to the north of the landscape buffer area is the recent cul-de-sac development The Chandlers being part of an overall development of approximately 160 units accessed off the extension of Seaview Road. The cul-de-sac Chandlers is an access off Seaview Road and serves a development of a mixture of detached, semi-detached and terraced units all of which have rear gardens which abut the adjoining buffer strip. Finally to the north east of the site on the opposite side of Seaview Road are further residential properties being part of the recent development. The application site itself slightly overlaps with it being a semi-detached pair of houses number 195 and 197 Seaview Road opposite the north eastern corner of the site.

3. Relevant History

3.1 Site forms part of an overall area of 9.53 hectares located on the northern side of Three Gates Road bounded by the Somerton Middle School playing field, in part by Northwood recreation ground and having road frontages on Love Lane and Seaview Road. This area subject of an outline consent for residential and commercial granted in February 1998 which was a renewal following the original outline consent which was granted in February 1995.

3.2 In August 1998 approval of reserved matters granted for 164 dwellings, 2 two storey industrial units (Class B1 and B2), associated parking, access road off Three Gates Road and Seaview Road with pedestrian link to Broadfields Avenue plus 14 dwellings with access off Love Lane. That consent was subject of a number of conditions the most significant of which are as follows:

· Condition which required the carrying out of an agreed landscaping scheme upon recommencement of phase 1 of the residential development and;

· Condition restricting the use of the industrial units for B1 and/or B2 uses only.

3.3 Most recent approval relates to an industrial premises which has been constructed and is now occupied at the junction of Three Gates Road with Seaview Road which was granted consent in February 2005.

4. Development Plan Policy

4.1 Site forms part of an overall area which is allocated for employment use within the Unitary Development Plan and as such falls under the auspices of policy E5 – Allocation of Employment Land. This policy is as follows:

Planning proposals for employment development will be considered in principle on employment sites allocated on the proposals map and set out in Appendix B.

The policy statement in respect of this site is as follows:

An area of four hectares (9.9 acres) of Broadfields Farm north of Three Gates Road is to be developed for B1 business and B2 general industrial or storage or B8 distribution uses.

Access to the site is to be off Three Gates Road and a landscaped buffer strip of land shall be reserved between the development and the proposal residential development to the north. Access to the housing development to the north will be required as will be a heavily landscaped buffer strip between the two proposed developments.

4.2 National Policy Guidance is contained within PPG4 – Industrial and Commercial Developments and Small Firms which contains advice on the role of the planning system in relation to industrial and commercial development. The document emphasises the following:

· Put increased emphasis on the need for development plans to take account of both the locational demands of business and wider environmental objectives.

· To emphasise how local authorities can held small firms through the planning system.

· To stress that careful consideration should be given to whether proposals for new development may be incompatible with existing industrial and commercial activities.

The document emphasises that economic growth and high quality environment have to be pursued together.

4.3 The document also emphasises the importance of locational factors with particular emphasis on the demands of the customer, access to raw materials and supplies, links with other businesses, the workforce catchment area and various transport considerations.

Finally document emphasises that conditions should be used where specific problems associated with a development might reasonably be overcome by the use of such conditions. Document specifically refers to the desirability to control times of operation or to prevent weekend working in order to protect amenity.

Document also advises the condition should not be imposed which restrict either permitted development rights granted by development orders or future changes of use which the use classes order would otherwise allow. However exceptions can be made where clear evidence that the use is excluded would have serious adverse effects on the amenity of the environment and where there are no other forms of control.

4.4 Second national document applicable in this case is PPG24 – Planning and Noise. This document emphasises the following:

· Outlines considerations to be taken into account in determining planning applications both in noise sensitive developments and for those activities which will generate noise.

· Introduces the concept of noise exposure categories for residential development encourages their use and recommends appropriate levels for exposure to different sources of noise.

· Advises on the use of conditions to minimise the impact of noise.

Document recognises the following:

· Impact of noise can be material consideration

· Development which is necessary for the creation of jobs etc. will generate noise and planning system should not place unjustifiable obstacles in way of such development

· Conversely planning authorities must ensure that development does not cause unacceptable degree of disturbance and more importantly it ensures that a subsequent intensification can be controlled by way of use of appropriate conditions.

· Character of noise as well as level of noise should be taken into account.

4.5 Significantly bearing in mind the proposals which apply in this case document gives guidance as to what appropriate measures would be appropriate to mitigate the impact of noise such as:

· Engineering

Reduction of noise at point by generation (e.g. by using quiet machines and/or quiet methods of working)

Containment of noise generated (e.g. by insulating buildings which house machinery and/or provide purpose built barriers around the site)

Protection of surrounding noise sensitive building (e.g. by improving sound insulation on these buildings and/or screening them by purpose built barriers)

· Adequate distance between source and noise sensitive buildings or area; screening by natural barriers, other buildings or non critical rooms in a building

· Administrative – limiting operation time of source restricting activities allowed on the site specifying an acceptable noise limit.

4.6 The document also acknowledges that there is other legislation outside the remit of planning which provides controlling legislation with that legislation being administered under the Environmental Protection Act and Noise and Statutory Nuisance Acts.

4.7 Local Plan Policies

Strategic Policies

S1 – New development will be concentrated within existing urban areas

S5 – Proposals for development which on balance will be for the overall benefit of the Island by enhancing the economic, social and environmental position will be approved provided any adverse impacts can be ameliorated.

S8 – At least 60 hectares of employment land will be allocated within or adjacent to the main Island towns in areas well served by public transport.

Other applicable policies are as follows:

G4 – General location criteria for development

G10 – Existing surrounding uses

D1 – Standards of design

D2 – Standards for development within the site

D3 – Landscaping

D14 – Light spillage

E1 – Promote suitably located new employment uses

E3 – Resist the development of allocated employment land for other uses

E5 – Allocation of employment land

P5 – Reducing the impact of noise

TR7 - Highway considerations for new development

TR6 – Cycling and walking

TR16 – Parking policies and guidelines

5. Consultee and Third Party Comments

5.1 Internal Consultees

· Highway Engineer recommends appropriate conditions should application be approved.

· Council’s Principal Environmental Health Practitioner expressed a number of concerns regarding the submitted noise report but following discussion those concerns have been a laid and his comments are as follows:

“As a result of those discussions my colleague Kevin Winchcombe and I are now satisfied that the noise monitoring methodology was appropriate and the calculations, assumptions and conclusions drawn are sound.

“I therefore consider that the use proposed would not be to the detriment of the nearby residential properties although I would request that if the licensing authority is minded to approve this development a condition be applied requiring proposals for extract ventilation be submitted to the planning authority and its approval be obtained prior to installation. It is note reasonable to expect these to be detailed at this stage.”

He also recommends appropriate conditions in respect of operating times.

5.2 External Consultees

Environment Agency raise no objection subject to applying a number of conditions relating to drainage and pollution issues.

5.3 Town Council Comments

Cowes Town Council supports the application.

5.4 Third Party Representations

Application is subject of an extensive level of objection but in some cases more than one letter or e-mail being received from individual residents. Letters received from ten households in Seaview Road, seven in the cul-de-sac The Chandlers, three from residents of Highfield Road and one each from resident of Place Road and cul-de-sac Harbour Way and a Cowes resident. The comments received are detailed in nature and reflect the level of concern that this proposal has generated. The following represents a summary of the point raised.

· Density and scale of development is excessive resulting in an overdominance failing to respect the scale and close proximity of the nearby residential properties. As a result the development will appear cramped.

· The general design and appearance of the industrial units are not of a satisfactory standard for a site of this prominence. The proposed screening landscaping is totally inadequate to be effective and in the absence of the buffer strip being landscaped the proposal will be exposed for some considerable time when approached from all directions particularly fro the north eastern direction.

· Major issue of concern is the industrial processes which are to take place within the larger unit (Unit 1). Objectors consider that there is insufficient evidence to suggest that the use is not within a B2 category as described in the Use Classes Order and therefore is totally inappropriate in this location in close proximity to housing with the main concerns being noise emissions.

· With reference to the above issue a number of objectors consider that the contents of a noise report are insufficient to allay fears with that report being seriously flawed. Reason for this view are summarised as follows:

o The report refers to out of date British Standard.

o The sound reading methodology is inappropriate.

o Choice of positions from which readings have been taken were inappropriate and therefore did not reflect the true situation.

o Number, times and positions of readings taken at the applicants existing premises did not reflect the requirements of the appropriate British Standard.

o Noise insulation properties of walls and roof insufficient to attenuate noise from the building.

o Existing ambient background noise readings excessively high.

o Proposal does not comply with conditions on previous consents.

o Level of development will create excessive traffic generation making reference to position of the access opposite residential properties which in itself will create traffic hazards.

o Concern that any business occupancy of the starter units may not adhere to the B1/B8 use restrictions and will therefore cause further noise nuisance.

o There is no identified demand for the starter units with some objector making reference to a number of empty units both in Cowes and in Newport.

o Objectors state that they were given the impression that this piece of land would function as open space and has been used as such prior to it being fenced off.

o This proposal would be better positioned further to the south away from the residential properties.

o This proposal if approved will be likely to cause conflict between the employees and the local residents.

5.5 Letters of support have been received from the applicant’s main customer with points being summarised as follows:

· Applicants company have provided committed support to their main customer (Wind Energy Company).

· Financial spend by the customer with the applicant has grown considerably with particular reference to new projects such as Adventure Quays refurbishment and providing manufactory equipment support other technology projects.

· Reference made to the applicants needing to expand in order to service the increasing demand. Supporter stresses that without that expansion some items will not be able to be manufactured at the applicants current premises.

6. Evaluation

6.1 Principle – Policy

Members will note that this is the second application for employment related development on this overall area north of Three Gates Road which is employment allocated in the Unitary Development Plan. There is a fundamental aim in allocating employment land that being a need to create jobs in the interests of encouraging a balanced economic growth. In is important to appreciate that development relies on a plan led system which provides certainty and predictability and the allocation of land performs a key role in ensuring all those involved are aware of the likely uses of land in their area. This process is in the interests of potential employers but also existing employers with the aim being not only to create jobs but also retain jobs. Your officers therefore are satisfied that this proposal in principle complies with the UDP policy and the policy statement which relates to this particular employment allocation.

6.2 Members will also note that both outline consents and reserved matter consents have been granted with the latter including both the residential development of 164 dwellings and 2 two storey industrial units which took the form of speculative proposal with no specific users. Those two units did not cover the whole of the area set aside for employment purposes being related to the southern end and central area of the allocated land with the area to the north merely being shown as vacant but certainly was not shown as being within the open space/landscape buffer area which was an essential requirement of the policy which relates to this site. Your officers are there satisfied that the land subject of the application is within the employment allocated area within the Unitary Development Plan and that this proposal in principle does not contravene any of those basic policy principles.

6.3 Density/Arrangement of Units

The concerns being expressed regarding the level of density of employment related development on the site are noted and certainly the proposal is making maximum use of the site. Applicant is proposing a larger unit in order to expand his own business and thus both protect existing employment and hopefully encourage additional employment which is necessary in order to satisfy the demands of his main customers. There is clearly evidence that there is a need for this expansion to take place to ensure space is available to meet the standards required and to provide an improved working environment.

The second two elements of the scheme being the terraces of starter units are being proposed on the grounds that there is a shortage of smaller starter units an applicant considers that this is a method of satisfying that demand and will obviously also enable the applicant to obtain the regular income through the payments of rent.

Clearly in policy terms this proposal complies with the employment allocation however the question is whether the intensity of development is excessive particularly given its location in proximity to the residential properties. In layout terms with particular reference to the three elements linked to access and parking it is considered that the proposal is acceptable. There is no doubt however that in its unscreened form this development will have a significant impact on the area which up to now has been effectively open uncultivated land having the appearance of open space.

6.4 I therefore have some sympathy with local residents concerns and your officers have through the process of negotiations achieved a reduction in scale and in the case of the terrace block adjacent the northern boundary achieved a modest reduction in footprint. The former provision has enabled the resultant area to be landscaped providing screening in the north eastern corner. This will in time provide important screening between this area of the site which is closest to the residential development on the eastern side of Seaview Road.

The reduction in height has been achieved by both reducing the height of the main unit at its eastern end which is now to be of the same ridge height of the remaining building as opposed to being slightly higher and this coupled with the introduction of a shallow hipped roof will assist in reducing impact although it is accepted that the building as an industrial building will have a mass and scale which equates to that type of use.

Secondly late on in the negotiation process applicants have also agreed to the northern terrace of starter units to have an asymmetric roof and thus having an eaves level on its northern side which virtually equates to a single storey height for industrial buildings as opposed to the two storey appearance on the initial scheme. The shallow pitched roof will then peak to provide space to the front of the building which could provide an additional floor for a modest office to each of the starter units should that be required. This amendment will have the effect of reducing the appearance of scale and mass particularly when viewed from the north and north east although it is accepted that again the impact will be significant until such time as the landscaping within the adjoining buffer strip has been planted and more importantly is maturing.

I consider these adjustments to both footprint and scale is an indication of the applicants desire to work with the local residents as far as he is able whilst still achieving a viable development on the site which will both enable his own company to expand and thus retain employment and also provide valuable floor space for small companies starting up.

6.5 Landscaping/Adjoining Buffer

No doubt the level of concern being expressed by the recent residential occupiers would be somewhat less if the buffer strip between the residential and the employment sites had been landscaped both in accordance with the policy and in accordance with the condition attached to the previous reserved matter application which required that such landscaping should be carried out prior to the commencement of phase 1 of the residential development. Unfortunately the developer failed to comply with that condition but the Local Planning Authority’s issuing of Breach of Condition Notices etc. which have had the desired effect. The developer has accepted responsibility and a full landscaping scheme prepared by a landscaping architect has been submitted and agreed and preparation works have commenced on site to prepare the ground for planting and layout the proposed footpath system through the buffer strip. It is my understanding that weather permitting planting will take place as early in the new year as possible. The approved scheme indicates significant levels of planting abutting the northern boundary of the employment land and includes within the schedule plant sizes of an appropriate height to ensure a reasonable level of screening over a relatively short period of time. Applicants have made the point that when the tree planting achieves an average height of in the region of 5 metres then the terraced unit which abuts the northern boundary will have an effective screen being barely visible when viewed from ground level.

The applicants have been unable to take on board the suggestion that they may provide further planting along the northern boundary within their own site. This is due to lack of space and other practical considerations in respect of maintenance of the building and possible interference within a drainage run. With regard to the landscaping already referred to I am satisfied that this can be conditioned to be carried out at an early stage of the development and then be protected during construction works to enable that planting to mature during the course of the development thus maturing as early as possible to provide effective screening. Other landscaping has been indicated on the Seaview Road frontage although it is accepted that the landscaping within the visibility splay area will need to be of a type which does not exceed less than a metre in height. Other smaller areas behind the visibility splay could also accept landscaping which would be conditioned in any event. Obviously all the on site landscaping can be appropriately conditioned even in respect of its timing.

6.6 Phasing

The applicants have indicated that the phasing of the development will take the form of unit one being constructed first along with its goods and secure yard area and access. The second phase will be the terrace block of 10 units which abuts the western boundary with the third phase being the terrace block of 9 units which abuts the northern boundary. In terms of timing this will be dependent upon construction programmes and to a large extent market forces. The result is that it is extremely unlikely that the units 12 to 20 abutting the northern boundary would be constructed for at least 2 to 3 years which as Members will appreciate will be in the period when the buffer landscaping will have been planted and be maturing. It is my understanding that the applicant sees this proposal as a long term development with funding availability playing a role in timing of construction. As far as the applicant is concerned, the important element is unit one which is clearly required in order that he can expand his business and provide his main customer with the service which they are requesting. Again I would suggest that the applicant be required to submit a phasing plan as a condition.

6.7 Use Class Classification/Noise Report

Part of the negotiation process was a requirement for the applicant to submit a noise report for I shared the concerns of the local residents with regard to whether or not the processes to be carried out with the main unit constituted a use which would be unacceptable within a residential area. One of the main tests of whether or not a use is classified under the Use Classes Order as B2 is whether it would be likely to be detrimental to the amenities of the area by way of excessive noise by abrasion fumes etc. The applicants were satisfied that their use would not fall within that class although they accepted that the fact that the company involves an engineering process would suggest otherwise.

The noise report which has been submitted has been vetted by your Council’s Principle Environmental Health Practitioner and has also been the subject of a re-advertisement to enable objectors to view its content. Following initial concerns expressed by the Environmental Health Officer which relate to eight issues which needed clarification the applicant and his noise consultant have discussed these issues with the Environmental Health Officer. This has resulted as Members will note in that officer now being satisfied that the noise methodology was appropriate subject to the appropriate measures being recommended in the report being implemented.

The concerns of local residents as to the methodology of the report are both extensive and clearly well researched. Having received such a level of criticism the applicants noise consultant has been requested to comment and his explanations are summarised as follows:

· Noise control specialist acknowledges that the BS reference should show the issue date as 1997 and not as 1990 but is satisfied that the information contained in the report is unaffected.

· The reference in the report to noise readings being taken at Three Gates Road was a generalised reference however the consultant points out that the map clearly shows that the measurements location relative to the housing estate and the proposed factory blocks were taken in Seaview Road.

· The reference to Noise at Work Regulations, within the letters from the objector, are not relevant for it is the level of external noise affecting the local neighbourhood which is the issue.

· As a matter of fact the internal noise readings which form part of the report are based on the existing scenario which takes place at the applicants current premises. The noise consultants emphasises that these noise levels will be reduced through improvements in working practices etc. These improvements relate to mechanical isolation of the guillotine, an acoustic enclosure around the plate fall area of the guillotine, methods of damping plates and sections being hammered or ground and possible acoustic screening of bench grinding.

· Concerns that insufficient level of readings were taken at the existing premises have been countered by a statement that measurements were taken over 30 minute periods. This is in excess of the 60 minute period recommended by the standard. Such a method of reading enabled the true lowest background level to be established.

· Consultant submits some technical information covering decibel readings which he suggests complies with the relevant 1997 BS standard and therefore fully justifies the statement as advised in that British Standard that the information that he has accrued in well within the noise reading standard which should result in there being little likelihood of complaint.

· The reference to the objectors concern that the background noise levels seem high the consultant suggests that they are in fact typical of this type of environment making reference to the noise that currently takes place from the nearby industrial premises. Similarly he is satisfied that the information relating to sound insulation in respect of the structure of the building is at a typical value and as such should be effective.

The noise consultant concludes that:

“In summary we feel that the comments on our report are unfair and inaccurate. The report was written in a manner that we believed explained our approach in a straight forward and simple manner. The values recorded were recorded in a proper manner and reported in a proper manner and we stand by our conclusion. “

6.8 Members will appreciate that this is a highly technical issue which your planning officers would be unable to comment upon in any detail. Therefore the services of your environmental health officers have been sought who are expert in this field and whist I acknowledge the concerns of the local residents I can do no more than emphasise that this issue has been thoroughly investigated and considered with that investigation involving a meeting the result of which is that your Environmental Health Officer is fully satisfied with the information provided subject to conditions.

6.9 Drainage

Application has been accompanied by a foul and surface water drainage proposal prepared by the consulting engineer which confirms that trial pits were excavated which indicated that the installation of soakaway drainage for all the impervious run off from the site would be acceptable. Engineer does suggest however that oil separators would need to be provided to prevent contaminants from entering the soakaway system. The report also refers to previous infiltration test which also confirm that soakaways for this site and with the size and location of the soakaways being calculated once approval has been obtained.

The report confirms that there is ample capacity for foul water drainage from the site.

6.10 General Issues

The concerns relating to traffic generation I can do no more than point out that the length of Seaview Road between the buffer strip and Three Gates Road has been designed to service this employment land and whist there are no guarantees I have little doubt in stating that commercial vehicles will use this route as opposed to a route through the residential area where the road has been heavily traffic calmed and where this residential element exits onto a road system which in itself is less than adequate to cater for commercial larger vehicles.

It is accepted that car traffic may come from both directions however again Three Gates Road and the commercial element of Seaview Road will be seen as the obvious route to take and again I would not anticipate a traffic problem caused by this proposal.

In terms of parking provision this is entirely in accordance with requirements and should be sufficient to service the industrial units without causing on street parking problems. Again there are no guarantees but the parking provision does accord with policy.

7. Conclusion and Justification for Recommendation

7.1 In the light of all the material considerations considered within the report the Local Planning Authority are of the opinion that despite the concerns of local residents the applicant has either provided the relevant information and amended the scheme as far as he is able to achieve a proposal which on balance is considered to be acceptable. There will be a need for a number of controlling conditions which your officers are satisfied will address the concerns these relating to control of noise emission levels, landscaping, controls in times of use, delivery of materials, restricting uses of the buildings etc.

7.2 Essentially this is the second employment proposal on this employment allocated land and having dealt with in your officers opinion the concerns of the local residents as far as he is able it is considered that the environmental impact issues have been addressed and therefore Members are recommended to approve the application on the grounds that it complies with the important policy of promoting the development of new employment uses in the interests of encouraging a balanced economy and in this case to ensure retention of a business which clearly services major Island employers.

8. Recommendation

The application is recommended for Conditional permission.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 5 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	Development shall not begin until details of the design, surfacing and construction of any new roads, footways, accesses and car parking areas, together with details of the means of disposal of surface water drainage therefrom have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To ensure an adequate standard of highway access and drainage for the proposed industrial units and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
3	No dwelling shall be occupied until the parts of the service roads which provide access to it have been constructed, surfaced and drained in accordance with [the approved plans/details which have been submitted to and approved by the Local Planning Authority]. Reason: To ensure an adequate standard of highway and access for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
4	The sight lines to be provided at the junction between the access of the proposal and the highway (Seaview Road) shall be as indicated on Drawing No. PJ05/002 Rev.2. The development shall not be occupied until those sight lines have been provided in accordance with the approved details. Nothing that may cause an obstruction to visibility shall at any time be placed or be permitted to remain within the visibility splay shown in the approved sight lines. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
5	None of the buildings hereby permitted shall be occupied until space has been laid out within the site and drained and surfaced in accordance with details to be submitted to and approved by the Local Planning authority in writing for the parking of 92 cars and one lorry, and covered and secure cycle storage for a minimum of 14 cycles and for all vehicles to be loaded and unloaded and for vehicles to turn so that they may enter and leave the site in a forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
6	Steps, including the installation and use of wheel cleaning facilities in accordance with details to be submitted to and approved in writing by the Local Planning Authority, shall be taken to prevent material being deposited on the highway as a result of any operation on the site. Any deposit of material from the site on the highway shall be removed as soon as practicable by the site operator. Reason: In the interests of highway safety and to prevent mud and dust from getting on the highway and to comply with policies TR7 (Highway Considerations) and M2 (Defined Mineral Working) of the Isle of Wight Unitary Development Plan.
7	All traffic related to the development of this site shall be directed to leave the site by turning right along Seaview road through to its junction with Three Gates Road by means of a prominent sign, the details of which shall be submitted to and approved in writing by the Local Planning Authority, erected at the junction between the site access road and the highway before the access road is first used. The sign shall be retained in a clean and legible condition for the duration of the development and any sign that is damaged beyond repair or removed shall immediately be replaced. Reason: In the interests of highway safety and to comply with policies TR7 (Highway Considerations) and M2 (Defined Mineral Working) of the Isle of Wight Unitary Development Plan.
8	No machinery shall be operated, and n o industrial process as defined in the town & country Planning Use Classes Order 1987 shall be carried out within any of the units hereby approved outside the following times: 0700 to 1800 hrs Mondays to Fridays 0800 to 1300 hrs Saturdays Not at any time on Sundays, Bank or Public Holidays Reason: In the interests of the amenities of the area in general and adjoining residential properties in particular and to comply with policy P5 (Reducing the Impact of Noise) of the Isle of Wight Unitary Development Plan.,
9	No deliveries shall be taken at or despatched from the site outside the hours of: 0700 to 1800 hours Mondays to Fridays 0800 to 1300 hours Saturdays and not at any time on Sundays, Bank or Public Holidays Reason: In the interests of the amenities of the area in general and adjoining residential properties in particular and to comply with policy P5 (Reducing the Impact of Noise) of the Isle of Wight Unitary Development Plan.
10	Before any plant or machinery is used on the premises, it shall be enclosed with sound insulating material and mounted in a way which will minimise transmission of structure borne sound in accordance with recommendations contained within the Noise Impact Assessment Report compared by Chilton Acoustics Limited dated 29 September 2005 and its Addendum. Reason: In the interests of the amenities of the area in general and adjoining residential properties in particular and to comply with policy P5 (Reducing the Impact of Noise) of the Isle of Wight Unitary Development Plan.
11	The level of noise emitted from the site shall not exceed the decibel levels contained within the Noise Impact Assessment compared by Chilton Acoustics Limited dated 29 September 2005 and any addendum to that report. Reason: In the interests of the amenities of the area in general and adjoining residential property in particular and to comply with policy P5 (Reducing the Impact of Noise) of the Isle of Wight Unitary Development Plan.
12	Prior to occupation of unit 1 an extract ventilation system shall be installed in accordance with details to be submitted to and approved by the Local Planning Authority. Such ventilation system shall thereafter be retained and maintained in accordance with those approved details. Reason: In the interests of the amenities of the area in general and adjoining residential property in particular and to comply with policy P5 (Reducing the Impact of Noise) of the Isle of Wight Unitary Development Plan.
13	The industrial processes to take place within Unit 1 shall be as laid out in the applicant's agents letter dated 8 September 2005 and as assessed in the Noise Impact Assessment prepared by Chilton Acoustics Limited dated 29 September 2005 and any addendum to that report and no variation or intensification of that use shall take place without prior written consent of the Local Planning Authority. Reason: In the interests of the amenities of the area and to comply with policy E9 (Employment Development anywhere within settlements) of the Isle of Wight Unitary Development Plan.
14	Units 2 - 11 inclusive and 12 - 20 inclusive shall not be used for the carrying on of an industrial process other than one falling within Class B1 or B8 of the Schedule to the Town & Country Planning Use Classes (Order) 1987 or any provision equivalent to that class in any statutory instrument revoking and re-enacting that Order with or without modifications. Reason: In the interests of the amenities of the area and to comply with policy E9 (Employment Development anywhere within settlements) of the Isle of Wight Unitary Development Plan.
15	No industrial process as defined in the Town and Country Planning (Use Classes) Order 1987 (or any Order revoking and re-enacting that Order with or without modification) shall be carried on at the premises outside the building(s) hereby approved. Reason: In the interests of the amenities of the area and to comply with policy P1 (Pollution) and D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
16	No equipment, raw materials, finished or unfinished products or parts, crates, packing materials, derelict vehicles, vehicle bodies or waste materials shall be stacked or stored on the site at any time except within the buildings or storage areas identified for those purposes on the approved plans. Reason: In the interests of the visual appearance of the site and the visual amenity of the surrounding area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
17	None of the units hereby approved shall be used for car repair business without the prior written consent of the Local Planning Authority. Reason: In the interests of the amenities of the area and to comply with policy E9 (Employment Development anywhere within Settlements) of the Isle of Wight Unitary Development Plan.
18	No development shall take place until samples of materials and finishes to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
19	No development shall commence on the site until details of advance screen planting in the north eastern corner of the site (adjacent unit 20) have been submitted to and approved in writing by the Local Planning Authority. Such approved planting shall be completed on commencement of construction works in respect of any of the units hereby approved in accordance with an implementation timetable agreed in writing with the Local Planning Authority. All such planting shall be maintained to encourage its establishment and shall be protected in accordance with details to be agreed with the Local Planning Authority during the construction work period. All such planting shall be maintained to encourage its establishment of a minimum of 5 years following contractual practical completion of the development. Any trees or significant areas of planting which are removed, die or become, in the opinion of the Local Planning Authority seriously damaged or defective within this period shall be replaced before the end of the next planting season. Reason: To ensure an appropriate standard of visual screening and amenity in the instructs of adjoining residential properties and in compliance with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
20	Prior to occupation of any of the industrial units hereby approved, landscaping in the form of ground cover, shrubs (within the visibility splay area) and tree and shrub planting (adjacent outside the visibility splay area) shall be carried out in accordance with the scheme to be, submitted to and agreed with the Local Planning Authority. Such schemes shall specify the position, species and size of species to be planted and phasing and timing of such planting and shall include provision for its maintenance during the first five years from the date of planting. Reason: To ensure the appearance of the development is satisfactory in the interests of the amenities of the area in compliance with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
21	Sequence of operations during the implementation of the permission hereby granted shall be as may be approved by the Local Planning Authority and a programme of working shall be submitted to the Local Planning Authority for approval for any operations are commenced. None of the operations hereby approved shall be commenced in advance of any such further approval. Reason: To ensure the development is carried out in a properly phased manner and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
22	Any doors and/or windows on the northern and western elevation of units 2-20 inclusive shall remain closed at all times except in an emergency situation. Reason: In order to contain noise emissions in the interest of the amenities of the area and in compliance with policy P5 (Reducing the Impact of Noise) of the Isle of Wight Unitary Development Plan.
23	No further mezzanine floors shall be inserted within any of the buildings hereby approved without the prior written consent of the Local Planning Authority. Reason: To enable the Planning Authority to assess the implications of the use of any additional floor space with regard to increased parking provision and noise emissions in compliance with policies P5 (Reducing the Impact of Noise) and TR16 (Parking Policies and Guidelines) of the Isle of Wight Unitary development Plan.
24	There shall be no loading or unloading directly from the public highway (Seaview Road). Reason: In the interest of highway safety in compliance with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
25	There shall be no car or goods delivery vehicle parking on the public highway (Seaview Road. Reason: In the interest of highway safety in compliance with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
26	The secure yard in area indicated on a plan hereby approved to be managed to ensure sufficient space to allow all vehicles to enter and leave the yard in a forward gear at all times. Reason: to ensure safe movement of traffic to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development.
27	Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification) any B8 use of units 2-11 inclusive, 12-20 inclusive shall be restricted to storage purposes only unless otherwise agreed with the Local Planning Authority. Reason: In the interest of the amenities of the area and to comply with policy E9 (Employment Development anywhere within Settlements) of the Isle of Wight Unitary Development Plan.

04

Reference Number: P/01145/05 - TCP/21214/U Parish/Name: St. Helens - Ward/Name: Brading and St Helens Registration Date: 14/06/2005 - Full Planning Permission Officer: Mr J Mackenzie Tel: (01983) 823552 Applicant: Park Resorts Ltd. Siting of 27 static caravans Haven Holidays, Nodes Point Holiday Park, Nodes Road, St. Helens, Ryde, Isle Of Wight, PO331YA The application is recommended for Refusal

The application is recommended for refusal.

REASON FOR COMMITTEE CONSIDERATION

Major application, local member Cllr Patrick Joyce has requested that this application is considered by the Development Control Committee for the following reasons:

It is outside the UDP

Caravans on site are being sold off and become permanent homes

It is an Area of Outstanding Natural Beauty

It has historic interest

It is not in the interest of tourism

It is putting a strain on roads, medical and school facilities

1. Details of Application

This is a full application, the proposal comprises of 27 new static caravans, with associated access, low level lighting and parking facilities on an existing grassed area at the eastern end of the holiday park, on northern area of sloping land known as Upper Church Butts. New planting of trees, hedges and shrubs to reinforce the boundaries of the site are also proposed.

1.2 The application has been accompanied by a landscape appraisal, commissioned by the agents. This concludes that the site is not easily visible from any direction and has little visual impact.

2. Location and Site Characteristics

2.1 This site is part of the Nodes Point Holiday Park complex the access to which is located midway between St. Helens and Nettlestone. The holiday park is located to the north of The Duver, on the northern edge of the Bembridge estuary and in close proximity to the coast. Abutting its north-east boundary is Priory Woods (SINC), which are on the coastal slope to the beach below.

2.2 The main complex is located at the northern end of the site with open areas to the south used for caravan and tented camping use. Site is a grassed area to the south of the existing static caravan pitches on site. The site slope downwards from north and has interspersed vegetation on each boundary, including a line of trees and shrubs to the south, in-between the proposed site and the lower Church Butts area of the complex.

2.3 The site is not within the AONB.

3. Relevant history

3.1 P/41896 – TCP/21214/B – Application seeking consent for 24 chalets in 6 blocks, siting of 64 static caravans, 40 tent bases, re-organised outdoor sports facilities including new all weather sports pitch at bowling green, reception building, facility buildings and improvements to vehicular access. The application was refused in December 1996.

3.2 P/1695/97 – TCP/21214/E – Application seeking consent for the demolition of sub standard chalet: siting of 141 timber clad units, 24 single storey chalets all weather recreational facilities and landscaping. Conditional approval August 1998.

3.3 P/1017/99 – TCP/21214/G – Application seeking consent for the demolition of 20 chalets and construction of 15 caravan bases, within ‘top end’ of site around existing developed complex. The application was approved in October 1999.

3.4 P/01814/00 – TCP/21214/K – Application seeking consent for the Demolition of sub-standard chalets/facilities buildings; formation of 86 static caravan bases, general manager’s accommodation, all weather sports area and children’s play area. The application was approved in March 2001.

3.5 P/01191/03 – TCP/21214/N – Application seeking consent for the construction of 10 caravan bases. The application was approved in July 2003.

3.6 P/01519/03 – TCP/21214/P – Application seeking consent for the construction of 14 static caravan bases on site of existing car park. The application was approved in November 2003.

3.7 P/01972/04 – TCP/21214/R – Application seeking consent for the formation of 63 pitches in connection with tenting and touring operation. The application was approved in January 2005.

4. Development Plan Policy

4.1 National policy guidance

PPG21 -Tourism

4.2 UDP Policy

· S1 – New development to be concentrated within existing urban areas

· S4 – Countryside will be protected from inappropriate development

· S5 – Proposals for development which, on balance will be for overall benefit of Island by enhancing economic, social or environmental position will be approved provided any adverse impacts can be ameliorated.

· G1 – Development Envelopes for Towns and Villages

· G4 – General Locational Criteria for Development

· G5 – Development Outside Defined Settlements

· D1 – Standard of Design

· T1 – Promotion of Tourism and Extension of Season

· T3 – Criteria for Development of Holiday Accommodation

· T5B –The Loss of Touring Caravan and Camping Sites

· T6 – Permanent Accommodation Sites

· C1 – Protection of Landscape Character

· C3 – Development of the Coast Outside of Development Envelopes

· C10 – Sites of National Importance for nature conservation

Coastal fringe is designated as SSSI, SINC and is also of European Importance.

5. Consultee and Third Party Comments

5.1 Internal consultees

· Highways – raise concern over any increase in traffic which might result from the development. However, accepts that substitution of 27 statics for a greater number of towers and/or tents would probably lessen traffic flow to the site.

· Environmental Health Officer recommends conditions requiring contamination study.

5.2 External consultees

· English Nature – Proposal not likely to have a significant effect on the features of interest of the adjacent SSSI, SPA and Ramsar sites provided conditions are placed on removal of caravans before any coastal erosion in close proximity takes place, or in event of sudden erosion that any resultant debris is subsequently removed.

5.3 Parish Council comments

· St. Helens Parish Council objects to proposal for the following reasons:

o Proposal site is outside the boundary shown as ‘Permanent Holiday Accommodation’ in the UDP.

o Will detract from the surroundings

o Detrimentally impacts adjacent SINC, RAMSAR and Priory Wood.

o Brings development very close to the SSSI on the Duver

o Former application refused

o An approval would set a precedent for similar future expansion.

5.4 Neighbours

29 letters of objection, can be summarised as follows:

· Proposal will encroach onto an unspoilt area of wild meadowland.

· Overdevelopment of site

· Loss of natural habitat of flora and fauna

· Detrimental impact to AONB, SSSI, SINC and RAMSAR sites.

· Proposal will exacerbate vehicular congestion and parking problems on site, access roads, and in nearby settlements.

· Drainage and electric systems already overstretched in the area.

· Loss of access to beach

· Detrimental impact to adjacent historic Old Church.

· Detrimental impact to view from sea.

· Additional noise year round

· Intrusive lighting at night

· Site outside defined ‘permanent holiday accommodation’ in the IOW UDP.

· Existing trees on site will not provide sufficient screening of proposal, especially in winter with the shedding of leaves.

· An approval will set a precedent for future expansion.

· Extension of the holiday camp was contested at the inquiry into the Draft UDP; therefore an approval would be contrary to policies of the UDP.

· Suitability of ground for static homes, which becomes very marshy when it rains.

5.5 Others

CPRE objects to proposal for the following reasons:

· Proliferation of this kind of development gone beyond original purposes of tourism.

· Sale of permanently sited mobile homes takes proposal outside tourist facility use and into remit of new housing, which in this location there is no justification for allowing.

· Site outside residential development envelope

· There should be a standard of planning consistency, application P/02650/04 for temporary consent for mobile homes recently refused.

· Detrimental impact on landscape as viewed from land and sea.

· Proposal would contravene UDP policies S1, S4, C1,C2,C3, G5, D1 and D2.

The National Trust objects to proposal for the following reasons:

· Proposal will have a detrimental impact on the visual aspect of the area.

· Will result in encroachment onto the open ground, which acts as a buffer zone between the village and the existing caravan park.

· Increased visitor numbers will have a potentially adverse effect on the adjoining SINC and SSSI of Priory Woods, contrary to policy C9.

· Application states “there is a growing need for good quality holiday accommodation” but recently applicants applied for removal of conditions limiting occupation to less than 6 weeks, contradicting this statement.

· Development would contravene Policies T3(f), T5(b) and T6(b) as the existing touring caravan and camping site would become permanent holiday accommodation.

· Permanent caravans will be sited all year and will be far more visible in the winter when any screening foliage has disappeared.

· The proposal will neither maintain nor protect the landscape but instead will visually intrude into the landscape, therefore contrary to Policy C1.

· Site is not listed in policy T7 as one within which the Council wishes to encourage tourism and is outside the area of permanent holiday accommodation designated in the UDP. It is also outside the development envelope for St. Helens.

Bembridge Sailing Club objects to proposal for the following reasons:

· Proposal fails to comply with Policy T6 of the UDP.

· Caravans will intrude visually on the area, particularly when viewed from the Bembridge side of the harbour.

· Screening from trees in summer will be lost in winter as leaves are shed.

· Evergreen trees would be completely out of place, and present screening may not be maintained.

· Concern over increased light pollution.

Bembridge and St. Helens Harbour Association objects to the proposal for the following reasons:

· Outside the area designated for development in the UDP

· Conflicts with policy T6 of the UDP.

· Proposal will be detrimental to the visual amenity of the area, screening that does exist will be devoid of leaves in winter and the site will be visible from Bembridge, St. Helens and the sea.

· Site adjacent SSSI, and RAMSAR site, proposal out of keeping with the area.

· Increased light pollution – year round

· Create a precedent for future applications for permanent accommodation from the owners.

Solent Protection Society objects to the proposal for the following reasons:

· Overdevelopment of the site

· Visually intrusive

· Increasing further capacity of site would set an unwelcome precedent.

· Inaccuracies in the Visual Appraisal, as there is visibility seaward, and screening in winter is lost.

· New planting will not alter lack of screening in winter and use of coniferous trees would be most inappropriate.

· Proposal fails to comply with Policy T6 of the UDP.

· Site adjacent SSSI, whole area is environmentally sensitive.

6. Evaluation

6.1 The main issues relating to this application are:

· Policy and principle

· Visual impacts

· Highways issues

6.2 The main relevant policies of those detailed above are Policies T5B which relate to the loss of touring and tented camping accommodation and T6 relating to permanent accommodation sites.

6.3 The development of any holiday accommodation in the countryside has to be weighed bearing in mind the desire of the Council to promote and encourage tourism but, at the same time, preserve the amenities of the countryside and to protect interests of conservation. The site is part within and part outside the designated holiday site and abuts a SINC and is close to a SSSI.

6.4 The site is used for tenting and touring caravan camping which means that, for the majority of the year, the site is empty and there are no formal structures servicing the site. The proposal seeks to establish an access road and permanent pitches for 27 static caravans, an impact which will be apparent all year round.

6.5 Policy T5B states that development which will result in the loss of touring caravanning tented camping sites including changes to permanent holiday accommodation, will not be approved if the visual or other impact of permanent development on the site detract from its rural character. Policy T6 supports the expansion of existing permanent accommodation, but only where the land adjoins or is directly related to existing build facilities; it does not detract from its surroundings; it enhances the environment or improves the visual appearance of the site; and that new or replacement units are appropriate in design and appearance and the resulting density of the site does not adversely affect the rural character of the area.

6.6 This site is comparatively open, it has screening around the periphery but it is a southerly sloping site and visible from some considerable distance. It is used for tented and touring caravan camping and therefore the proposal does not accord with Policy T5B and is also contrary to Policy T6 since the impact, visually, of a permanently laid out caravan park is likely to detract from its surroundings as it forms a further extension of the facilities in a prominent position.

6.7 In visual terms the site is only screened around it periphery and although it is proposed to carry out planting around the outside to augment the existing and within to try and break up the site visually, that will take some considerable time to mature and become effective. Thus all year round siting of units will be visible when leaves are not on the screening trees.

6.8 In highways terms the site is used for camping and caravanning with a potential to use the site quite intensively, to a level which will probably exceed 27 camping units. The substitution of touring caravanning camping with 27 static units is likely to result in a significantly lesser traffic implication since firstly the numbers will be limited to 27 units and, secondly such traffic accessing the site will not be towing caravans as the statics will preclude touring use.

6.9 Whilst this application his being recommended for refusal, there are other issues which have been raised by the Local Member as a justification for determination by the Development Control Sub Committee and in order to clarify those issues the following points are included:

· The site is part in and part out of the annotated holiday site area.

· The fact that caravans on site are being sold is not a planning issue, however, in the event that planning permission would be granted for this site, conditions would be imposed to require them to be used for holiday purposes only and a Section 106 Agreement would be necessary to ensure the retention and maintenance of occupation and an ownership register for all units.

· The site is not within an Area of Outstanding Natural Beauty.

7. Conclusion and Justification for Recommendation

7.1 Although the site is attached to and forming part of Nodes Point holiday complex, it present use is that of touring caravans and camping and in a comparatively prominent position its change of use to static caravans in a prominent position is contrary to Policy T5B and T6 and although it is not considered that in the interest to nature conservation would be adversely affected or could be mitigated satisfactorily by the imposition of conditions and the level of traffic generated by the use is likely to be lower than the current authorised use, the visual affect on the area would not be acceptable and refusal is recommended.

8. Recommendation

Refusal.

Conditions/Reasons:

1

The change of use of the land from touring caravan and tented camping to a site for siting of 27 static holiday caravans would result in an unacceptable increase in visual intrusion and detract from the rural character of the area and would be contrary to policies T5B (Loss of Touring Caravan and Tented Camping) and T6 (Permanent Accommodation Sites) of the Isle of Wight Unitary Development Plan.

05

Reference Number: P/02031/05 - TCP/01848/T Parish/Name: Cowes - Ward/Name: Cowes Central Registration Date: 14/10/2005 - Full Planning Permission Officer: Mr J Fletcher Tel: (01983) 823552 Applicant: Isle of Wight Healthcare Trust 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, PO317SH The application is recommended for Conditional Permission

This application is recommended for Conditional Permission including a condition requiring a Section 106 Agreement

REASON FOR COMMITTEE CONSIDERATION

This is a major application where there are a number of issues to be resolved and the proposal has attracted a number of representations, therefore the application falls to be determined by the Development Control Committee.

1. Details of Application

1.1 Full permission is sought for residential development on the former site of the Cowes Health Centre being 0.14 hectares in size. The proposed residential development consists of two 2 storey blocks each providing a total of four flats (two 2 bed and two 1 bed).

1.2 Second element of the scheme consists of two pairs of three storey houses each providing three bedroom accommodation.

1.3 Each of the flat blocks to be situated at either end of the site, one being adjacent to existing bungalow property number 10 consort Road with the second block being at the north western end adjacent number 6 consort road which is a two storey detached dwelling having a mansard style roof.

1.4 The two pairs of semi-detached houses to be located centrally on the site between the two flat blocks.

1.5 Each of the flat blocks to be provided hard standing communal areas set adjacent to the rear of the proposed block with the land which directly abuts the rear boundary being the form of an embankment being required to address the changes in level along this rear boundary.

1.6 Each of the houses is provided with small rear garden areas, which includes an embankment which rises to the rear in line with the adjoining embankment as previously described.

1.7 Front boundary walls to be in the form of brick with railings, railings or low brick walls.

1.8 Although not within the application site proposal indicates the retention of the existing echelon parking which served the former Health Centre. This provided a total of 13 spaces which in essence forms part of the highway. No on-site parking has been provided for.

1.9 In terms of height the two pairs of semi-detached houses have a maximum height of 9 metres from footpath level to ridge height with that height reducing to a minimum of height of 8.6 metres. The second floor accommodation is within the roof.

1.10 Following negotiations the flat block has been reduced in height having a height of 8.2 metres from footpath to ridge in respect of the flat block adjacent number 10 Consort Road and has a height of 9.6 metres in respect of the flat block which abuts number 6 Consort Road.

1.11 Blocks to be constructed in a mixture of render and facing brick under plain tiles hipped roofs in the case of flats and gabled roofs in the case of the pairs of semi-detached houses.

2. Location and Site Characteristics

2.1 Site is rectangular in shape being on the south western side of Consort Road. Site measures approximately 53 metres frontage onto Consort Road by depth of approximately 23 metres.

2.2 Site stands slightly elevated above Consort Road and then rises further to the rear in the form of an embankment some 1.6 metres in height.

2.3 Abutting the rear boundary is the rear garden areas of properties which front Westhill Grove further to the south west. These garden areas are approximately 1.3 metres higher than the general level of the application site.

2.4 The site stands between a single storey dwelling number 10 Consort Road which abuts the south eastern boundary and a two storey detached dwelling number 6 Consort Road. Consort Road is characterised by a mixture of traditional styled substantial two storey properties which stand in relatively close proximity to the back of footpath.

2.5 Consort Road has a slight gradient from the south east to northwest and then slopes more steeply at its north western end. The site has been used a health clinic with the buildings being single storey in appearance.

3. Relevant History

3.1 There is no relevant planning history in relation to the use of this site for residential purposes, but Members are advised a replacement Health Centre is nearing completion in Newport Road.

4. Development Plan Policy

4.1 National Policies covered in PPG3 – Housing which covers issues such as:

· Provide wider housing opportunity and choice.

· Give priority to reusing previously developed land within urban areas to take pressures of Greenfield sites.

· Create more sustainable patterns of development

· Make more efficient use of land by adopting appropriate densities

· Emphasis on the need for good quality designs.

· New housing development should pay due regard to immediate buildings in the wider locality.

· More than 1.5 parking spaces per dwelling unlikely to reflect Government’s emphasis on sustainable residential development.

4.2 Local Plan Policies – relevant local plan policies are as follows:

· G1 – Development envelopes for Towns and Villages

· G4 – General Locational Criteria for Development

· D1 – Standards of Design

· D2 –Standards of Development within the site

· H4 – Unallocated Residential Development to be restricted to Defined Settlements.

· TR16 – Parking Policies and Guidelines

· TR6 – Cycling and Walking

· U11 – Infrastructure and Services Provision

4.3 Site is within Zone 2 of the Council’s Parking Policy thus requiring parking provision that shall not exceed 0-50% parking guidelines.

5. Consultee and Third Party Comments

5.1 Internal Consultees

Highway Engineer recommends conditions should application be approved.

He notes that existing parking arrangements within Consort Road to be retained although requires removal of the disabled parking bays. Provision of 13 spaces created by existing parking arrangements does stay within the 0-50% maximum figure for Zone 2 areas.

5.2 External Consultees

None.

5.3 Town or Parish Council Comments

Cowes Town Council supports the application.

5.4 Neighbours

Application has been the subject of 12 letters of objection; Six from residents of Westhill Grove, three from residents of Ashton Terrace, one each from residents of Consort Road, Wyatts Lane, Northwood and a Yarmouth resident (freehold owner of property in Ashton Terrace.) Points of objection are summarised as follows:

· Excessive density

· Height of flats over dominant and out of character with the prevailing pattern of development in Consort Road.

· Neighbouring property owner abutting south eastern boundary raises a number of concerns as follows:

o Height of flat block excessive could result in a loss of light.

o Need to be assured that the boundary treatment is of a robust construction and built prior to the construction of the flats.

o Concern that foundation constructed to take account of any poor ground condition.

o Reference made to the potential for existing buildings to contain asbestos.

· Objectors query whether or not the tenure in respect of the development will be open market or social housing.

· One objector considers that there is insufficient space about the proposed dwellings with the result that the proposed development will appear cramped.

· Considerable objection received from the properties which abut the rear boundary in Ashton Terrace and Westhill Grove with their concern being in respect of the closeness of the proposed properties and the potential for overlooking and the level of ground works and engineering works in terms of treating the change in levels with particular regard to impacting on the structural integrity of the adjoining properties.

· Some objectors also concerned that the removal of the older trees and the impact that this may have on ground water and ground stability.

· Again, a considerable number of objectors strongly question the existing ground stability history with their being a history of ground movement and subsidence in this area with there also being a suggestion that the site may have contained wells and cellars in the past.

6. Evaluation

6.1 Principle

This is a classic brownfield site which has now become available for development following the relocation of the health centre to Newport Road. Therefore the principle of residential development on this site within a predominantly residential area is entirely acceptable compliant with both local and national policies. Accordingly, the issues to consider relate to the detail of whether or not the development being proposed represents an acceptable scheme in terms of design, scale and density.

6.2 Design/Density/Scale

The prevailing pattern of development in Consort Road is traditional in form and the proposal follows that approach. This traditional approach is reflected in the use of sash windows, small scale door windows in respect of the houses, use of mixture of red and contrasting yellow brickwork with some rendered panels under plain tiled roofs all of which results in buildings of a scale and appearance which would not be out of keeping in the streetscene.

6.3 Although the density, at approximately 86 dwellings per hectare, is relatively high this is mainly due to the introduction of flats. The location of this site relative to the town centre and the Red Funnel Cross Solent ferry service makes it ideal for this type of development which is clearly aimed at first time buyers. Therefore whilst noting the concerns expressed, your officers consider this level of density on this site is acceptable. Given the extensive road frontage it is not surprising that this arrangement of dwellings has been proposed for clearly it makes efficient use of the site. Also in this form the development will complete the streetscene for until the relocation of the health centre, the site has accommodated only single storey building of no particular design quality.

6.4 One of the main points of concern by local residents has been the general scale of development with particular reference to the block of flats. Your officers have taken this concern on board and revised proposals have now been submitted indicating that a considerable reduction in the height of the flats with that height now being reduced to equate more readily with the height of the pairs of semi-detached houses. Your officers consider that this reduced height produces a development which sits more comfortably in the streetscene and relates more readily to the adjacent properties particularly the adjacent bungalow, the property to the south east. Your officers therefore consider that in its revised form, the scheme is acceptable.

6.5 With regard to the criticism that the streetscene may appear cramped, your officers do not agree with this view. The use of hipped roofs in respect of the flat blocks at either end of the row assists in providing more than adequate space between the existing properties and the proposed flats. It is accepted that the two pairs of house stand close to one another they also have reasonable space between them and the two flat blocks either side and as such are considered to be acceptable.

6.6 The concerns relating to over dominance of adjoining properties, your officers consider that this has been addressed by the reduction in height of the flat blocks. With regard to any potential overlooking, particularly in respect of the properties to the rear, the internal arrangement of the rooms indicate that only bedrooms face those properties both within the houses and within the flats. It is important to appreciate that this is an urban site with relative distances between properties reflecting that type of location. This proposal is no different to other properties and their relative distances and whilst there will be overlooking from the first floor bedroom windows, in this case your officers do not consider that this would be at a level which would warrant a refusal of the application.

6.7 Issues relating to boundary treatments are noted however, these are matters which can be dealt with through the auspices of conditions. The proposal does indicate low wall treatments along the frontage boundary in a mixture of railings and brick walls with piers which again follows the traditional approach prevalent in Consort Road and as such will contribute to the overall traditional appearance.

6.8 Ground Conditions

Following the concerns of resident the applicants have been requested to provide a walkover survey and desktop study carried out by a consultant engineer. That study has been received and concludes as follows:

“The results of our research and subsequent reconnaissance, has confirmed that this site has remained largely undeveloped since records began in 1862 until the most recent record dated 1971. From evidence contained on the historical map records, the site has been developed on one occasion at the time of forming the Cowes Medical Centre. It therefore follows from the evidence gathered to date that this site has not been subject to any past onerous usage.

“Secondly, our inspect of the geological maps relating to the Cowes to Gurnard District confirm that the site lies well outside of the Zone of reported instability and therefore is not likely to be inherently at risk from ancient ground instability.”

6.9 The consultant recommends however that a detailed site investigation be carried out in accordance with relative codes of practice with those investigations comprising of adequately sampling be carried to enable subsequent determination of soil parameters for the design of appropriate foundations for this site. It is important that Members appreciate that the design and type of foundations are all issues which are covered under the Building Regulations.

6.10 With regard to the particular concerns of the engineering retaining wall and embankment proposals to the rear, again, the engineer considers that investigation should include for the selection and assessment of appropriate earth retaining structures which does not come under the auspices of building regulations and therefore would need to be the subject a planning condition making reference to the relevant code of practice. The issue of effect of engineering boundary work to adjoining properties is also covered under the auspices of the Party Wall Act which is civil legislation not administered by either local or national Government.

6.11 Parking

Essentially, whilst the site has readily available on street parking, none of these can be specifically allocated solely to these units therefore the application is being considered on the basis of it being a zero parking scheme. It has been suggested that a parking permit scheme be introduced in respect of these spaces; however that is not workable. Even when the health centre was on the site, these spaces were not specifically for that health centre with their use being on a first come first served basis. However, the fact that the spaces are available in this form does result in Consort Road having a greater level of on street parking available than would normally be the case and therefore whilst there are no guarantees there is a strong likelihood that this development will benefit from this level of parking spaces being located in this position. Therefore, whilst essentially a zero parking scheme, the failure to provide off street parking in this case is unlikely to put increase pressures on on-street parking given these circumstances. In any event the zero parking option is entirely in accordance with policy in terms of its zoning and its proximity to town centre and public transport facilities.

6.12 In terms of type of tenure, the application is below the 15 unit threshold which would trigger a requirement for a percentage of affordable housing to be provided as part of the scheme. Members will appreciate that the type of residential use on any development is not a material consideration and your officers are in no position to indicate whether this development will be for open market housing either for sale or for rent or indeed for use as an affordable housing scheme. With regard to other benefits from this scheme, the density is in excess of ten units and therefore will require contributions in respect of education, open space and transport infrastructure and this will be conditioned accordingly should Members be mindful to approve the application.

6.13 In terms of drainage applicants advise that Southern Water is being consulted. Applicants do point out however that the proposal is likely to result in an increase in permeable areas thus reducing the surface water run off which will compensate for minor increase in foul water flows that is likely to result from this proposal. It is therefore assumed that the overall capacity of the existing combined system should be neutral.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to the matters discussed in the valuation section your officers have taken the view that this proposal represents an appropriate type of development for this brownfield site particularly given its location and the prevailing pattern of development in the area. The applicants have attempted to address most areas of concern particularly with regard to reducing the height of the flat block and it is considered that this scheme is now appropriate and is recommended accordingly.

8. Recommendation

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

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	The development permitted by this planning permission shall not be initiated by the undertaking of material operations as defined in Section 56 (4) A - D of the Town and Country Planning Act 1990 in relation to the development until a planning obligation pursuant to Section 106 of the said Act relating to the land has been made and lodged with the Local Planning Authority and the Local Planning Authority has been notified of the person submitting the same that it is to the Local Planning Authority's approval. The said planning obligation will provide for: (a) The sum of £21,450 (10 x £2,140) to be paid to the Local Planning Authority as a contribution to education facilities; (b) The sum of £3,480 (12 x £290) to be paid to the Local Planning Authority for the purposes of upgrading of local open space recreational facilities; (c) The sum of £9,000 (12 x £750) to be paid to the Local Planning Authority as a contribution towards transport infrastructure; and (d) The setting up of a registered management company for the purposes of establishing management responsibilities and maintenance schedules in respect of the communal space serving the two blocks of flats forming part of the development hereby approved. Reason: To ensure provision of education facilities, open space and transport infrastructure in accordance with policy U2 (Ensuring Adequate Educational, Social and Community Facilities for the Future Population), policy L10 (Open Space and Housing Developments) and policy TR7 (Highway Considerations for New Development) of the Isle of Wight Unitary Development Plan.
3	No building shall be occupied until the means of access thereto for pedestrians and/or cyclists has been constructed in accordance with the approved plans. Reason: To ensure adequate safe provision of facilities for pedestrians and cyclists wishing to gain access to the site and to comply with policy TR6 (Cycling and Walking) of the Isle of Wight Unitary Development Plan.
4	None of the flats forming part of this approval shall be occupied until space has been laid out in accordance with details to be submitted to and approved by the Local Planning Authority for bicycles to be parked. Such bicycle parking spaces shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: To ensure adequate provision for the parking of bicycles in accordance with policy TR6 (Walking and Cycling) of the Isle of Wight Unitary Development Plan.
5	All construction traffic relating to the approved development will deliver, load and unload at a location and time to be agreed in writing by the Local Planning Authority. Prior to construction works commencing signs shall be erected directing construction traffic on an agreed route and any such sign shall be retained in a clean and legible condition for the duration of the development and any sign that is damaged beyond repair or removed shall immediately be replaced. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
6	No development shall take place until samples of materials/details of the materials and finishes, including mortar colour to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
7	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification) the exterior of the building(s) hereby permitted shall not be painted or coloured other than as expressly authorised by this permission. Reason: In the interests of the amenities and character of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
8	No occupation shall take place of any of the dwelling units hereby approved until the front boundary treatments onto Consort Road have been constructed in accordance with the details indicated on Drawing No. 205-04P2 revision B and any such boundary treatment shall be retained and maintained thereafter. Reason: In the interests of maintaining the amenity value of the area in compliance with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
9	Prior to development commencing in respect of the flat block which abuts the south western boundary until details have been submitted to and approved in writing by the Local Planning Authority of the position, design, materials and height of boundary treatment to be erected along the south western boundary. No occupation of these flats shall take place until such boundary treatment has been completed and such boundary treatment shall be retained and maintained thereafter. Reason: In the interests of the amenities of the adjoining property and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
10	Banking and retaining wall works abutting the rear boundary shall be carried out in accordance with details to be submitted to and approved by the Local Planning Authority. Such details shall be in accordance with BS8002 1994 (Code of Practice for Earth Retaining Structures). Such structure shall be retained thereafter. Reason: In the interests of maintaining the amenity of the adjoining properties in compliance with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
11	Before the development hereby permitted commences on the site, a soil survey shall be undertaken and the results provided to the Local Planning Authority. The survey shall be taken at such points and to such depth as the Local Planning Authority may stipulate. A scheme for decontamination of the site shall be submitted to and approved by the Local Planning Authority in writing and the scheme as approved shall be fully implemented and completed before any residential unit hereby permitted is first occupied. Reason: In the interests of the health and amenity of future occupiers and to comply with policy P3 (Restoration of Contaminated Land) of the Isle of Wight Unitary Development Plan.
12	None of the units hereby approved shall be occupied until boundary treatments of agreed design, materials and height have been erected in accordance with details to be submitted to and approved by the Local Planning Authority. Such boundary treatments shall be retained and maintained thereafter. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
13	No occupation shall take place of the flats hereby approved until a hard and soft landscaping scheme has been implemented in accordance with details to be submitted to and approved by the Local Planning Authority. Such details shall include schedules of plants noting species, plant sizes, proposed numbers and densities and an implementation programme. Any trees or shrubs which, within the period of 5 years from completion of the development, die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
14	The windows to be constructed in the south west facing elevation of flats 1 to 4 shall be non-opening and obscure glazed, and shall be retained as such thereafter as indicated on Drawing No. 205-04P5 revision A. Reason: To protect the privacy of the neighbouring property and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
15	Steps including the installation and using of wheel cleaning facilities in accordance with details to be submitted to and approved in writing by the Local Planning Authority should be taken to prevent material being deposited on the highway as a result of any operation on the site. Any deposit of material from the site on the highway shall be removed as soon as practical by the site operator. Reason: In the interests of highway safety and to prevent mud and dust from getting onto the highway and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.

Second Recommendation

The applicants be advised to contact Traffic Section of Engineering Services to establish the methodology of removing the existing ‘parking spaces for disabled’ status from the bays outside the former Health Centre.

06

Reference Number: P/02243/05 - TCP/19064/W Parish/Name: Ryde - Ward/Name: Ryde South West Registration Date: 14/11/2005 - Full Planning Permission Officer: Mr C Hougham Tel: (01983) 823552 Applicant: Isle of Wight Council Floodlit multi-use games area and extension to provide additional changing rooms Ryde County High School, Pell Lane, Ryde, PO333LN The application is recommended for Conditional Permission

This application is recommended for conditional permission

REASON FOR COMMITTEE CONSIDERATION

This application has been submitted by agents acting on behalf of the Council and in accordance with the agreed procedure has to be determined by this Committee as opposed to the delegated procedure.

1. Details of Application

1.1 This is a full application comprising two constituent parts.

· A multi-use games area which will be located within the existing playing fields adjacent to the boundary with Haylands Primary School.

· An extension to one of the main buildings providing additional changing facilities adjacent to the sports hall.

1.2 The proposed multi-use games area will cover an area 63m x 35m to the south west of the existing maths block and close to the boundary with Haylands Primary School. This will be a hard surfaced area capable of being used for a variety of sports which will be floodlit with six 10m high lighting columns and enclosed with a 4m high fence around the perimeter.

1.3 The extension to the existing changing rooms is relatively modest, 6.8m x 3.5m, comprising a PE office and two separate staff changing/wc/shower facilities.

2. Location and Site Characteristics

2.1 This is a large educational complex with extensive playing fields situated on the southern side of Pell Lane and backing onto properties fronting onto the western side of Pellhurst Road in Ryde.

3. Relevant History

3.1 In August 2002 an outline permission was renewed for a single storey extension and a two storey link extension to the sports hall and the construction of a large all weather pitch, the size of a football/rugby field, on existing playing fields to the south of the main complex of buildings adjacent to the boundary with Haylands Primary School. This was a conditional outline approval which expired three months ago.

3.2 In May 2004 an application for twelve columns supporting floodlights serving court numbers 4, 5 and 6 and a moveable practice wall at the neighbouring Ryde Lawn Tennis and Croquet Club was approved subject to conditions limiting the overall height of the columns and a time restriction of 2200 hrs. This permission has been implemented.

3.3 Planning permission has also been granted for external lighting from the clubhouse to the tennis courts (seven 1m high bollard style columns).

3.4 An application submitted earlier this year included a proposal to construct a large indoor tennis centre partially within the curtilage of the High School and partially within the curtilage of the neighbouring Ryde Lawn Tennis and Croquet Club was withdrawn.

4. Development Plan Policy

4.1 National Policy Guidance.

· PPG17 – Planning for Open Space, Sport and Recreation – contains broad guidance in terms of the overall planning objectives for the provision of these kind of facilities which can be summarised in the following terms:

o Supporting an urban renaissance

o Promotion of social inclusion and community cohesion

o Health and well being

o Promoting more sustainable development

· PPS23 – Planning and Pollution Control – In terms of National Policy, there is only minimal guidance in terms of the topical issue of light pollution but there is sound general advice contained in paragraph 15 which highlights that Development Control decisions can have a significant affect on the environment, stating:

…..the effects of existing sources of pollution in and around the site are not such that the cumulative effects of pollution when the proposed development is added would make the development unacceptable.

· PPG24 – Planning and noise – Annex 3 paragraph 22 deals with the potential difficulties of noise from recreational or sporting activities and states:

…….., the Local Planning Authority will have to take account of how frequently the noise will be generated and how disturbing it will be, and balance the enjoyment of the participants against the nuisance to other people.

4.2 UDP Policy

· G4 – General Locational Criteria for Development

· G6 – Areas Liable to Flooding

· D14 – Light Spillage

· P5 – Reducing the Impact of Noise

· U1 – Location of Health, Social, Community, Religious and Education Services

· U7 – Provision of School Playing Fields and Protection from Development

· L2 – Formal Recreation Provision

· L6 – Loss of School Playing Fields

· P5 – Reducing the Impact of Noise

5. Consultee and Third Party Comments

5.1 External Consultees

· Environment Agency have been invited to comment on the application and it is anticipated that they would be consistent in terms of the observations they made on the earlier application which was recently withdrawn, requiring a condition to be imposed to ensure that no development takes place until a scheme for surface water drainage has been submitted to and approved by the Council as local planning authority. They would also provide an advice note which will be copied directly to the applicant’s agents.

· Sport England have also been invited to comment. Again, it is anticipated that their observations will be consistent with their representations on the earlier application when they said that they are normally opposed to the granting of planning permission for any development which would lead to the loss of all or any part of a playing field, but they feel that the provision of a multi-use games area with other improved facilities would be sufficient benefit to the school and the local community to outweigh the detriment caused by the possible repositioning of the rugby field playing area and therefore they are unlikely to raise an objection to the application.

5.2 Third Party Representations

Letter of objection from Pell Lane resident expressing concern about a number of related issues.

· Predicted level of use

· Use of floodlights outside ‘permitted’ hours

· Increased surface water run-off leading to possible flooding

· Likely increase in ‘on-street’ parking in vicinity

· Preferred position shown in earlier application recently withdrawn.

Resident in Pellhurst Road broadly supports the application but hopes that it will involve a reduction in the level of use/illuminations at the eastern end of the site close to his/her property and, is approved, similar conditions to the Ryde Lawn tennis and Croquet Club should be imposed.

6. Evaluation

6.1 The modest extension to the existing changing rooms will provide improved facilities but with virtually no impact in planning terms. The remainder of this section focuses on the proposed multi-use games area.

6.2 The main issues relating to this part of the application can be summarised in the following terms:

· Overall principle and policies

· Potential for affect on neighbouring properties

· Possible Light spillage

· Possible Noise pollution

· Surface water drainage

· Controls and mitigation by way of impositions of conditions

6.3 While there will be a reduction in the existing available playing field area, the actual playing pitches will not be lost but will need to be repositioned in order to accommodate the new facility. In the absence of any adverse comments from Sport England, it is considered that the provision of the multi-use games area will not conflict with national or local planning policies contained in the Unitary Development Plan.

6.4 There is increasing recognition about problems associated with light pollution and it is acknowledged that much light spillage is a result of poorly designed, over bright or misdirected light which is wasteful and intrusive and can be detrimental to the level of amenity enjoyed by the occupants of residential properties in the immediate vicinity. Policy D14 highlights certain criteria that will need to be subject to conditions when dealing with this type of development.

· Proposed lighting scheme is the minimum required for the task.

· Light spillage is minimised, particularly skyward.

· Designed so as to not unreasonably affect neighbouring property.

6.5 In this particular case the agents have provided adequate information in terms of the position, overall height of the lighting columns and the approximate extent of horizontal light spread in connection with the proposed development. The nearest residential properties on the northern side of Pell Lane are the best part of 100m away from the proposed multi-use games area and the lighting columns at the southern end of the area which will illuminate in a northerly direction are more than 150m away from the same properties. Although during hours of darkness the illuminated area will be visible it is not considered that this will have a detrimental affect on the level of amenity presently enjoyed by the occupants of these properties providing the installation and use is carried out in accordance with the submitted scheme and the proposed conditions.

6.6 The consideration of the relationship between sensitive developments, such as residential property, and activities which have the potential to generate high levels of noise is a material planning consideration. Where practicable it is important to ensure that where uses could conflict because of noise levels and tolerance that they should be physically separated to minimise potential conflict. It is important that adequate and practical controls are put in place to reduce noise levels by insulation, screening, design, layout and operational controls. These issues are dealt with in Policy P5 (Reducing the Impact of Noise) and it is considered that the existing use of the site, the location of the new multi-use games area in relation to the nearest residential properties and possible temporal conditions will ensure that there is not a sufficient impact on these properties to justify withholding permission.

6.7 In terms of surface water drainage the guidance and advice given by the Environment Agency should be given due regard and appropriate weight. It is considered that any increased surface water run off from the proposed multi-use games area can be satisfactorily controlled by condition requiring details to be submitted before any work commences on site.

6.8 Where relevant, the conditions contained in the following recommendation are consistent with those which were imposed to floodlight the nearby tennis courts.

7. Conclusion and Justification for Recommendation

7.1 The provision of a multi-use games area with associated improved changing rooms will significantly improve the sport/recreational facilities on the site which will benefit pupils and the local community. Although this will involve the loss of some “green” playing fields there is sufficient space to reposition the existing rugby pitch and football pitch, to the south of the school complex and to the east and to the north of the proposed multi-use games area.

7.2 In handling an application of this nature, particular attention has to be given to the possibility of light/noise pollution for people living in the immediate locality but I am satisfied that the information contained in the application in combination with the imposition of appropriate conditions, should minimise any potential problem and overcome any objections to the scheme.

8. Recommendation

Conditional permission.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
3	All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
4	The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
5	No development shall take place until a scheme for the drainage and disposal of surface water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that surface water run off is satisfactorily accommodated to comply with policy G6 (Developments in Areas Liable to Flooding) of the Isle of Wight Unitary Development Plan.
6	The floodlight columns hereby approved shall not exceed a height of 10m above ground level and the height of the columns shall not be increased in anyway without the prior written approval of the Local Planning Authority. Reason: In the interests of the amenities of the area and to comply with policy D14 (Light Spillage) of the Isle of Wight Unitary Development Plan.
7	The flood lights hereby approved shall only be operated in connection with the use of the multi-use games area for sports activities and for no other purposes without the prior written consent of the Local Planning Authority. Reason: In the interests of the amenities of residential properties in the vicinity and to comply with policy D14 (Light Spillage) of the Isle of Wight Unitary Development Plan.
8	The flood lights hereby approved shall not be illuminated after 22.00 hrs or when the multi-use games area is not in use. Reason: In the interest of the amenities of the area and to comply with policy D14 (Light Spillage) of the Isle of Wight Unitary Development Plan.
9	The lighting units installed shall be as specified in the application and shall not be altered or amended in anyway without the written prior consent of the Local Planning Authority. The horizontal luminance values shall not, at any time, exceed those shown on document Nac612MUGA63m* 36m-360Lux submitted with the application. Reason: In the interest of the amenities of the area and to comply with policy D14 (Light Spillage) of the Isle of Wight Unitary Development Plan.
10	For the avoidance of doubt this permission does not alter the siting of the "future tennis building" as shown by dashed outline on drawing 1127-56. Reason: In order to enable the Local Planning Authority to consider the full impact of such a scheme under a fresh application should it be proposed at some future date.

07

Reference Number: P/01784/05 - TCP/08556/P Parish/Name: Newport - Ward/Name: Carisbrooke West Registration Date: 13/09/2005 - Full Planning Permission Officer: Mr A White Tel: (01983) 823552 Applicant: Mr & Mrs D Ryall Pair of detached houses with parking land between, 29 and 33, Clatterford Road, Newport, PO30 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The Local Member, Councillor B Foster, has requested that this application is considered by Committee on grounds of over development, unsatisfactory access and inadequate drainage.

1. Details of Application

1.1 Full planning permission is sought to demolish a single storey flat roof extension on the side of 33 Clatterford Road and to build two detached houses. Plans show a single access point to serve a communal parking and turning area (4 spaces) for the proposed dwelling with a private parking area for no. 33. Each of the proposed houses is shown to have shallow pitched roof and overall appearance reminiscent of cottage architecture. Internal accommodation would comprise of living room, conservatory, kitchen and dining room on the ground floor with three bedrooms including one en-suite at first floor level. Each property would step down from the conservatory onto a slightly raised terrace. The sides of each conservatory would be fitted with non opening frosted glass, and a privacy screen would also be erected on the raised platform outside of the conservatory doors.

1.2 In terms of materials, dwellings are shown to be constructed of red and buff brickwork to reflect the adjoining properties; pre-cast concrete cills and slate roofs.

2. Location and Site Characteristics

2.1 Application relates to a plot of land situated on the south eastern side of Clatterford Road approximately 80 metres south-west of Waverley crossroads. Site has frontage onto Clatterford Road of 17.5m and depth in the region of 56m. Site slopes away from Clatterford Road to the rear boundary.

2.2 Site has recently been separated from the adjoining property at no. 33. This property, a substantial detached Victorian house, was previously used as a residential care home. The application site itself comprises partly of a gravel parking area and the large single storey flat roof extension to the side and front of no. 33 with a lawned garden to the rear.

2.3 This is a mixed residential road being the main route from Newport to Shorwell and villages beyond. There are examples of bungalows, chalet bungalows, cottages and houses, either arranged as terraces, semi-detached or detached. The style and design of properties are both modern and traditional.

3. Relevant History

3.1 Outline planning permission was granted for a dwelling between nos. 29 and 33 Clatterford Road in 1975 and regularly renewed until 1992. Outline planning permission was granted afresh in 1996 and subsequently renewed in 1999.

3.2 In terms of more recent planning history:

· P/00754/02 – TCP/08556/L – Renewal outline for dwelling approved June 2002.

· P/01082/05 – TCP/08556/M – Conversion of residential home to private dwelling, approved July 2005.

· P/01166/05 – TCP/08556/N – Renewal; outline for a dwelling approved August 2005

4. Development Plan Policy

4.1 PPS1 (Delivering Sustainable Development) stresses the need for good design to ensure that spaces and places are attractive, useable and durable for people. Designs which are inappropriate in their context and/or failing to improve the character and quality of an area should not be accepted. Good design should:

· Be integrated into the existing urban form and natural built environment.

· Optimise the potential for the site to accommodate development

· Respond to local context and create and enforce local distinctiveness.

· Be visually attractive as a result of good architecture and appropriate landscaping.

4.2 PPG3 (Housing) stresses the need to make efficient use of land, but states that this should not be at the expense of cramped development, prejudicial to the surrounding environment. Whilst advocating high densities, it is stressed that good design is key in order to create attractive high quality living environments in which people will choose to live.

4.3 Site is with the development envelope boundary for Newport as identified on the Isle of Wight Unitary Development Plan (UDP). The UDP inset map also confirms that the site is within an Area of Outstanding Natural Beauty (AONB) and that it adjoins Carisbrooke Conservation Area.

4.4 Relevant Policies are as follows:

· S1 – New Development will be concentrated within existing urban areas.

· S6 – All development will be expected to be of a high standard of design

· G1 – Development envelopes for Towns and Villages

· G4 – General Locational Criteria for Development

· D1 – Standards of Design

· D2 – Standards for Development within the site

· B6 – Protection and Enhancement of Conservation Areas

· C2 – Areas of Outstanding Natural Beauty

· H4 – Unallocated Residential Development to be Restricted to Defined Settlements

· H5 – Infill Development

· TR7 – Highway Considerations for new development

· TR16 – Parking Policies and Guidelines

· U11 – Infrastructure and Services Provision

4.5 The site is within parking zone 3 of the UDP where parking provision is 0-75% of the non-operational requirement. The maximum requirement in respect of residential development is one space per bedroom.

5. Consultee and Third Party Comments

5.1 Internal Consultees

Highway Engineer recommends conditions should permission be granted.

AONB Planning Officer raises no objection.

5.2 Neighbours

A total of 4 letters have been received, of which three raise objections and the fourth makes observations. Objections/observations can be summarised as follows:

· Over development

· Cramped in the streetscene

· Loss of privacy, particularly from proposed conservatories and decking

· Inadequate drainage

· Stability of existing boundary wall between application site and number 29 may be undermined.

6. Evaluation

6.1 The main issues for consideration are as follows:

· Principle

· Is the plot wide enough to accommodate two detached houses without appearing cramped in the streetscene?

· Design

· Impact on amenities and privacy enjoyed by neighbouring properties.

· Parking and access.

· Drainage.

6.2 The site is within the development envelope for Newport and, for the purposes of PPG3, is considered to be a brownfield site. The principle of redeveloping the site for residential purposes is therefore considered to be acceptable, particularly in light of previous permissions granted.

6.3 Clatterford Road comprises of a variety of residential dwellings in terms of age, style and mass. It is also relevant to note that there is little continuity in terms of gaps between buildings and boundaries. The proposed development would result in a 3.5m gap between nos. 29 and proposed dwelling A with a 2.3m gap between proposed dwelling B and no. 33. Plans indicate a 2m wide gap between the proposed dwellings. Bearing in mind that there are no specific spatial characteristics to take account of, it is considered that the resultant space about the proposed buildings is such that the development would not appear cramped or overcrowded in the streetscene. Within the immediate vicinity are several plots of the same or narrower frontage which accommodate two and in some cases three dwellings. Officers are therefore satisfied that the site has sufficient frontage in order to accommodate two dwellings without appearing cramped in the streetscene. Accordingly, proposal complies with policies G4 and D1 which state that development shall harmonise with its surroundings and should be sympathetic in terms of siting and layout.

6.4 Regarding design, both dwellings have been designed to reflect adjoining properties at nos. 29 and 33 Clatterford Road. Overall appearance exhibits cottage architecture reminiscent of no. 29 and window proportions are reflective of those at no. 33. In terms of scale and mass, the proposal does, in the opinion of Officers, take account of the marked contrast between the modest semi-detached cottage at no. 29 and the large Victorian house at no. 33. Whilst the proposed dwelling adjacent at no. 33 could arguably be described as disproportionate in terms of its overall size, this is not an unusual relationship within this mixed residential area. Accordingly, Officers are satisfied that scale, mass and design would be acceptable in the street scene. It is also relevant to note that the AONB Officer considers that the proposed dwellings would not be detrimental to the surrounding area.

6.5 Regarding impact on neighbouring property occupiers, concern has been expressed that proposed development would project beyond the rear wall of number 33. The main part of the proposed dwelling would project beyond the neighbouring property by 3m, and a proposed conservatory would project a further 3m beyond that. Given the substantial size of the garden to no. 33 (38m long x 18m wide), it is not considered that the proposed relationship with the said neighbour would be overbearing or oppressive. Concerns regarding the potential for overlooking and loss of privacy have been addressed through the submission of revised plans. These show that the side walls of both conservatories would be fitted with obscure glazed non-opening windows and that the terrace area off each conservatory would be partially sunk into the ground, and screened from neighbours at nos. 20 and 33 by a 2m high wall and 1.8m high fence respectively. Accordingly, officers are satisfied that the proposed development would not result in any direct overlooking.

6.6 In terms of access and parking, each of the proposed houses would be provided with two parking spaces and would share a joint access and turning facility. The Highway Engineer is satisfied that the use of the proposed access would not add unduly to the hazards of other highway users and that the proposed parking and turning area is workable. Members are also advised that the proposed number of parking spaces is compliant with Policy TR16, although any additional spaces would result in over provision.

6.7 Regarding drainage, Members attention is drawn to the extant planning permission in respect of a single dwelling and the large single storey extension to be demolished which was previously used as part of a residential care home. With this in mind, the volume of sewage associated with the proposed development is unlikely to be significantly higher than the development already permitted combined with the use that previously took place. If Members are minded to grant consent, it is considered expedient to impose a condition requesting details of the means of foul and surface water disposal to be submitted prior to work taking place. Officers are therefore satisfied that proposal is consistent with the requirements of Policy U11.

6.8 Regarding stability of brick wall on the north-east boundary, proposed development would be at least 1 metre from the said wall. The wall is shown to be retained and its stability during construction works is likely to be monitored under Building Regulations. The retention of this wall therefore, is not considered to be under threat.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to all material considerations outlined in this report, it is considered that the application site is of sufficient size to accommodate two detached houses as shown without being detrimental to the amenities or privacy of neighbouring property occupiers or the character or the appearance of the surrounding area in general. Scale, mass and design are considered to be appropriate for this mixed residential area and Officers also confirm that the site can be adequately accessed without adding to the hazards of other highway users. Accordingly, proposal is consistent with the objectives of the UDP.

8. Recommendation

Conditional Permission.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	No development shall take place until samples of materials and finishes to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
3	The windows in the side elevations of the proposed conservatories as identified brown on plan, drawing number 05-2154-06 rev A shall be fitted with obscure glass with a glass panel which has been rendered obscure as part of its manufacturing process to Pilkington Glass Classification 5 (or equivalent of glass supplied by alternative manufacturer) and shall be retained to this specification as obscure glazed hereafter. Reason: In the interest of the amenities and privacy of neighbouring property occupiers and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
4	The conservatory windows subject to condition 3 of this consent shall at all times be fixed shut. Reason: In the interest of the amenities and privacy of neighbouring property occupiers and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
5	Development shall not begin until details of the screening required to protect the privacy of neighbours from the approved staircase leading from the conservatories to the terraces have been submitted to and approved in writing by the Local Planning Authority. The dwellings shall not be brought into use until the works of screening have been carried out in accordance with the approved details and the screening shall be retained hereafter. Reason: In the interests of the privacy and amenities of the occupiers of the adjoining property and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
6	The windows in the south west elevation of dwelling B as identified orange on plan, drawing number 05-2154-06 Rev A shall be fitted with obscure glass with a glass panel which has been rendered obscure as part of it manufacturing process to Pilkington Glass Classification 5 (or equivalent of glass supplied by alternative manufacturer) and shall be retained to this specification as obscure glazed hereafter. Reason: In the interest of the amenities and privacy of neighbouring property occupiers and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
7	The en-suite bathroom window, subject to condition number 6, shall be fixed shut at all times. Reason: In the interest of the amenities and privacy of neighbouring property occupiers and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
8	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no development within Classes A to E of Part 1 of Schedule 2 to that Order shall be carried out [other than that expressly authorised by this permission]. Reason: In the interest of the amenities and privacy of neighbouring property occupiers and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
9	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order, with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed. Reason: In the interests of the amenities and privacy of the neighbouring property occupiers and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
10	No dwelling hereby permitted shall be occupied until space has been laid out within the site and drained and surfaced in accordance with details that have been submitted to and approved in writing by the Local Planning authority for 4 cars to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
11	No development shall take place until a detailed scheme including calculations and capacity studies have been submitted to and agreed in writing with the Local Planning Authority indicating the means of surface water and foul drainage disposal. Any such agreed surface water and foul drainage scheme shall indicate a connection at points along the system where adequate capacity exists or shall provide for attenuation measure to ensure any additional flows do not cause flooding or overload the existing system. Any drainage system involving a pump and rising main shall ensure future maintenance of those drainage systems. Reason: To ensure an adequate system of storm and foul water drainage is provided for the development in compliance with policy U11 (Infrastructure and Services Provision) of the Isle of Wight Unitary Development Plan.
12	Before work commences on the dwellings hereby permitted, details of existing site level, the proposed finished floor level and level of the approved terraces shall be submitted to and agreed in writing by the Local Planning Authority. Development shall only proceed in accordance with the agreed details. Reason: In the interest of the amenities of the area in general and amenities and privacy of neighbouring property occupiers in particular and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

Informative:

For the avoidance of doubt this permission does not grant any approval for the area shown on drawing no. 05-2154-05 Rev A for ‘parking for no. 33’ or for the structure labelled ‘proposed side entrance porch’.

08

Reference Number: P/01981/05 - TCP/26969/A Parish/Name: Ryde - Ward/Name: Ryde North West Registration Date: 06/10/2005 - Full Planning Permission Officer: Miss L Scovell Tel: (01983) 823552 Applicant: Mr & Mrs Adams Detached house with garage & vehicular access (revised scheme) land adjacent, 1 Brookfield Gardens, Ryde, PO33 The application is recommended for Conditional Permission

This application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This application has been called in by the Local Member, Councillor Arthur Taylor because the revised scheme has not overcome the previous reasons for refusal and is an over development of the site resulting in insufficient amenity and inadequate drainage.

1. Details of Application

1.1 Application seeks full permission for a detached house with garage and vehicular access.

1.2 Dwelling would provide accommodation comprising lounge/dining room, kitchen and wc at ground floor level with three bedrooms (including one en-suite) and bathroom at first floor level.

2. Location and Site Characteristics

2.1 The site occupies a corner location at the junction of Brookfield Gardens and Binstead Road (A3054) and currently comprises a well established side garden to No, 1 Brookfield Gardens, a modern detached house being the first of a cul-de-sac of similar properties. To the west of the site is the garden and the amenity area of Brookfield Lodge.

3. Relevant History

3.1 P/00693/05 – TCP/26969 – consisting of a detached house with garage and vehicular access was refused on 3 June 2005 on grounds that proposal was contrary to the original concept of the estate layout of the area being cramped and intrusive in the streetscene. The refusal was subject of a subsequent appeal to the Planning Inspectorate dismissed on 28 September 2005. Within the appeal decision, the Planning Inspector indicated that a revised scheme reducing the size and footprint of the dwelling, setting the side fence back and setting the garage back to allow for the parking of a car in front, could overcome the previous objections to the development of the plot.

4. Development Plan Policy

4.1 National Policy Guidance, PPG3 – Housing which sets out the Government’s objective and, at paragraph 22 confirms the Government’s commitment to maximising the reuse of previously developed land. Paragraph 54 expects good quality design and encourages efficient use of land without compromising the quality of the environment. Paragraph 56 advises that new housing development should not be viewed in isolation but should have regard to the immediate buildings and the wider locality.

4.2 Site is located within development envelope as defined on the Unitary Development Plan. Relevant policies of the plan are detailed as follows:

· S1 – New Development will be Concentrated within Existing Urban Areas.

· S6 – all Development will be Expected to be of a High Standard of Design

· S7 – There is a need to provide the development of at 8,000 housing units.

· G1 – Development envelopes for Towns and Villages

· G4 – General Locational Criteria for Development

· D1 – Standards of Design

· D2 – Standards for Development within the site

· H4 – Unallocated Residential Development to be Restricted to Defined Settlements.

· H5 – Infill Development

· TR7 –Highway Considerations for New Development

4.3 SPG - Residential Infill

5. Consultee and Third Party Comments

5.1 Internal Consultees

· The Environmental Protection Officer recommends conditions should application be approved.

· The Highways Engineer recommends conditions should application be approved.

5.2 External Consultees

None received.

5.3 Town or Parish Council Comments

None

5.4 Neighbours

Four letters of objection have been received and can be summarised as follows:

· Lack of amenity to the proposed development

· Highways issues – as to size of the proposed garage, the provision of an access point and parking arrangement within the proposed development.

6. Evaluation

6.1 The main issues relating to this application are the effect of the development on the character of the area, provision of amenity and highway issues.

6.2 This application seeks to overcome the previous reasons for refusal and to design a scheme taking into account the comments of the Planning Inspector with regards to the appeal over the Local Planning Authority’s previous decision.

6.3 Following the appeal decision and the Inspector’s comments, the applicant has reduced the size of the dwelling in terms of scale and mass resulting in a three bedroom dwelling as opposed to the original scheme which consisted of four bedrooms. The side boundary fence has been sited closer to the dwelling allowing the existing planting close to the boundary of the site with Binstead Road to be retained at this point which will soften the appearance of the development and retain the spacious characteristic of the immediate locality. In this respect the proposal complies with the relevant policies of the Isle of Wight Unitary Development Plan and PPG3 entitled ‘Housing’ as efficient use of land.

6.4 With regard to the provision of private amenity space, the dwelling has been sited further towards the front boundary to increase the size of the rear amenity area. The resultant garden area is between 10.5 metres and 3 metres in depth and is considered appropriate for the size of the dwelling, taking into account other plots in the immediate locality. Although the Isle of Wight Council’s Supplementary Planning Guidance entitled Residential Infill suggests an appropriate depth of 10 metres, falling to 7 metres for bungalows, it must be stressed that this is only guidance and each site must be considered on its own merits. It should be noted that the distance between the main elevations of the proposal and Brookfield Lodge is 21 metres as suggested by the same guidance.

6.5 Letters of representation received were concerned mostly with highways issues and in particular the parking arrangements. The Highway Engineer is satisfied that the provision of a new access in proximity of the junction is acceptable, given the presence of on street parking in this location.

6.6 The proposed parking arrangement as suggested by the Planning Inspector involves the use of the garage as one space with the second space provided in front. The garage has been set further back to accommodate this arrangement with a turning area in front of the dwelling. Concern has been raised as to the dimensions of the garage and turning area which the Highway Engineer has considered. With respect to the garage, he is satisfied that the garage door and space within is sufficient for a car to enter and park. The proposed turning area, although not to the exact specifications in Design Bulletin 32, which provides guidance as to standard turning areas, is sufficient taking into account the wider access which will compensate for the smaller radii, of the turning area.

6.7 With regard to the concerns raised by the Local Member in respect of suitability of soakaways in this area, following consultation with the Building Control Manager, it is understood that the ground conditions in this area comprise clay and use of soakaways would not be ideal, unless it can be demonstrated with use of percolation tests that surface water could be discharged satisfactorily. Therefore, it would be preferable to dispose of surface water by some other method, such as to any existing storm water drain and, should members be minded to approve the application, your officers would recommend that this issue is addressed by an appropriately worded condition.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to all material considerations referred to in this report, the proposed detached house, garage and vehicular access, represents an acceptable form of infill development and does not conflict with the relevant Unitary Development Policies and Supplementary Planning Guidance entitled Residential Infill.

8. Recommendation

Conditional Permission

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	Notwithstanding the details submitted no development shall take place until samples of materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
3	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building hereby permitted is occupied. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
4	The dwelling hereby permitted shall not be occupied until space has been laid out within the site in accordance with drawing number D1755/4 dated October 2005 for two cars to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
5	No structure or erection or natural growth, plants, shrubs, etc exceeding 0.6 metres in height from the existing road level shall be placed or permitted within the area of land as shown green on the plan attached to and forming part of this decision. Reason: In the interest of highway safety and to comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
6	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no development within Class A of Part 2 of Schedule 2 to that Order shall be carried out [other than that expressly authorised by this permission]. Reason: Due to the plot size and in the interests of amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
7	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no development within Classes A to E of Part 1 of Schedule 2 to that Order shall be carried out [other than that expressly authorised by this permission]. Reason: Due to the plot size and in the interests of amenities of the area and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
8	The garage hereby permitted shall be kept available at all times for the parking of cars and no trade or business shall be carried out therefrom. Reason: In the interests of the amenities of the area in general and adjoining residential property in particular and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
9	No development shall take place until a scheme for the protection of the soft landscaping situated close to the southern boundary of the site during construction work, has been submitted to and agreed in writing by the Local Planning Authority. The soft landscaping shall be retained and maintained thereafter. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
10	No development shall take place until a scheme for the drainage and disposal of surface water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be completed before any [residential] unit hereby permitted is first occupied. Reason: To ensure that surface water run-off is satisfactorily accommodated and to comply with policies G6 (Development in Areas Liable to Flooding) and G7 (Development on Unstable Land) of the Isle of Wight Unitary Development Plan.

09

Reference Number: P/01726/05 - TCP/26191/D Parish/Name: Cowes - Ward/Name: Cowes Castle East Registration Date: 05/09/2005 - Full Planning Permission Officer: Mr A White Tel: (01983) 823552 Applicant: Mr C Torrens 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, PO31 The application is recommended for Conditional Permission

This application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The Local Member, Councillor A Wells, has requested that this application is considered by Committee on grounds of over development and impingement on neighbouring property.

1. Details of Application

1.1 Full planning permission is sought for a detached building offering annexed accommodation within the curtilage of the host property.

1.2 Proposed building is shown to be situated at the bottom of the rear garden approximately 1m from the neighbouring property at 22 Castle Road with frontage onto a small cul-de sac serving four other properties.

1.3 Proposal mainly appears as a single storey building but with a steep pitched roof in order to accommodate a first floor en-suite bedroom. Ground floor plans show a garage and sitting room. It is confirmed by the agent that the proposed building would be used as overspill accommodation to number 20 Castle Road.

1.4 The proposal would occupy the site of an existing garden annex and part of a former conservatory that appears to have been attached to the flank wall of No. 22.

2. Location and Site Characteristics

2.1 Application relates to an end of terrace house situated on the corner of Castle Road and a narrow access road which serves four houses. Rear garden of the application property extends through to the flank wall of 22 Castle Road which is a Grade II Listed Building.

2.2 Although in close proximity to Cowes town centre, this part of Castle Road has the feel of a quiet backwater with two of the four houses backing onto Northwood Park.

2.3 The site lies within a Conservation Area.

3. Relevant History

3.1 P/00511/04 – TCP/26191 – Demolition of garden shed; proposed end of terraced house with integral garage; vehicular access. Refused on grounds of over development, likely to give rise to overlooking, loss of outlook, lack of suitable amenity space and would be overbearing. Also, the proposal would have been intrusive and out of scale and character with the surrounding area and adjoining listed building.

3.2 P/01665/05 – TCP/26191/B – Demolition of garden shed; proposed end of terrace house with garage; vehicular access. Refused on grounds that the proposal by reason of its position, scale, design and external appearance would be an intrusive development, out of scale and character with the surrounding area in general and adjoining listed building in particular. Also, it was considered that insufficient information had been submitted in respect of how the proposed annex would abut the adjoining listed building.

3.3 P/01066/05 – TCP/26191/A – Listed Building Consent for demolition of garden shed; proposed end of terrace house with garage. Refused on same grounds as above.

4. Development Plan Policy

4.1 PPG15 (Planning and the Historic Environment) states that special attention must be paid to ensuring preservation and enhancement of the character and appearance of conservation areas.

4.2 In terms of local plan policies, site is within the development envelope boundary for Cowes and within the conservation area.

4.2 Relevant Policies are as follows:

· S1 – New Development will be Concentrated within existing urban areas

· S6 – All Development will be Expected to be of High Standard of Design

· S10 – Areas of Designated Historic Value

· G1 – Development Envelopes for Towns and Villages

· G4 – General Locational Criteria of Development

· D1 – Standards of Design

· D2 – Standards for Development within the site

· B2 – Settings of Listed Buildings

· B6 – Protection and Enhancement of Conservation Areas

· B7 – Demolition of Non-Listed Buildings in Conservation Areas

· H7 – Extension and Alteration to Existing Properties

· TR7 – Highway Considerations for New Development

5. Consultee and Third Party Comments

5.1 Internal Consultees

Highway Engineer expresses concern that proposal would not allow for sufficient manoeuvring and turning space.

Conservation and Design Team Leader states that proposal would affect the setting of the listed building. However, the proposed structure is modest, subordinate and unassertive. Accordingly, no objection is raised subject to conditions regarding materials, finishes and details.

5.2 Town or Parish Council Comments

Cowes Town Council object on grounds of over development and lack of amenity space.

5.3 Neighbours

Two letters received, including one from the owner of the adjoining listed building at 22 Castle Road, objecting on grounds which can be summarised as follows:

· Will be detrimental to setting of adjoining listed building, owing to proximity, form, scale and style.

· Would compromise character and appearance of the conservation area.

· No amenity space

· Proposed garage would be inaccessible owing to little distance between garage door and boundary fence opposite.

· Overlooking

· Extensive bat activity

6. Evaluation

6.1 Determining factors in considering this application are:

· Principle

· Impact on setting of listed building

· Impact on character and appearance of conservation area

· Impact on amenities and privacy of neighbouring property occupiers.

· Access.

6.2 Permission is sought for additional living accommodation to an existing property in the centre of Cowes. Accordingly, there is no objection in principle. The proposed building would not be totally independent from the host property as kitchen facilities are not proposed. Essentially, the proposal seeks permission for overspill accommodation that cannot be extended easily onto the rear of the existing property owing to design implications. It is suggested that a condition be imposed, should Members be minded to grant consent, so that the approved accommodation remains incidental to the host property and is not sub-let or sold off separately. The reason for such a condition is in the interest of the amenities and privacy of occupants of the existing house and the proposed accommodation, and that the building subject to this application may not be suitable for independent occupation. Concern has been expressed that the proposed accommodation does not have its own amenity space. However, this is clearly not required bearing in mind that a separate dwelling is not to be created.

6.3 The Council’s Conservation and Design Team Leader has been consulted in respect of this development. Whilst it is accepted that proposal would inevitably affect the setting of the adjoining listed building owing to its proximity, it is considered that the building is modest, subordinate and unassertive. An existing conservatory attached to the listed building has already been removed and the proposed building would replace an existing garden structure. Accordingly, it is felt that the proposal would not adversely affect the appearance of the adjoining listed building. Similarly, it is felt that the proposal, by reason of its modest scale and mass together with its acceptable design would not be detrimental to the character or appearance of the conservation area. It is relevant to note that the design has been simplified compared to the recently refused scheme, and that the overall scale would not be intrusive.

6.4 In terms of potential overlooking, there are two small flank windows facing the blank gable of No. 22 and the two principal first floor windows would overlook the road to the front, and as such would not result in any significant loss of privacy. The proposed Velux roof light in the rear facing plan can be fitted with obscure glass and fixed shut, therefore avoiding any overlooking in that direction. Objector states that proposal would also appear over dominant. However, given that the proposed building albeit two storey designed to appear more as 1½ storey building, and that the objector is already adjoined by a two and three storey building, it is not considered that the proposed building would be unduly over dominant.

6.5 Regarding the access implications associated with the proposed garage, both the Highway Engineer and objectors are concerned that manoeuvring into and out of the garage would be extremely difficult if not impossible. Revised plans have been lodged which show a greater distance between the garage and the fence opposite, a wider entrance to the garage and realignment of the boundary wall to the side of the garage door. All of these revisions have been made to make ingress and egress of the garage slightly easier. Whilst these changes are quite small individually, cumulatively they will help. Whilst manoeuvring into and out of this garage would be far from straightforward, it must be recognised that the building is situated towards the end of a very quiet cul-de-sac which is only used by four other properties. The Highway engineer accepts that the use of the proposed garage would not result in a hazard to other highway users, but does refer to the likely inconvenience that may be experienced by future users. Such inconvenience has been slightly alleviated by the revisions and this is accepted by the Highway Engineers. Taking the above points into consideration, I am satisfied that the proposed garage would not conflict with the intentions of Policy TR7.

6.6 Concern has been expressed in respect of bat activity. The Council’s Ecologist has carried out an internal inspection of the building to be demolished and confirms that there is no evidence of bat activity. Accordingly, he raises no objection to this development.

7. Conclusion and Justification for Recommendation

7.1 Having given due regard and appropriate weight to all material consideration outlined in this report, it is considered that the proposed building comprising of overspill accommodation to an existing property would not adversely affect the setting of the adjoining listed building or be detrimental to the character and appearance of the conservation area. Furthermore, the sensitive placement of windows and limited height of building will help minimise the impact of this development on the amenities currently enjoyed by neighbouring property occupiers. The use of the proposed garage would not add unduly to the hazards of other highway users. Accordingly, proposal complies with policies contained within the UDP.

8. Recommendation

Conditional Permission.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	No development shall take place until samples of materials and finishes, including mortar colour and details of bonding to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
3	No development shall take place until details of windows and doors (including the garage door), including size, materials and colour have been submitted to and agreed in writing by the Local Planning Authority. Development shall only proceed in accordance with the agreed details. Reason: In the interest of the amenities of the area in general which is designated as a conservation area and the setting of adjoining listed building in particular and to comply with policies D1 (Standards of Design), B2 (Settings of Listed Buildings) and B6 (Protection and Enhancement of Conservation Areas) of the Isle of Wight Unitary Development Plan.
4	The building hereby permitted shall be used only for purposes incidental to the enjoyment of the dwelling house 20 Castle Road as such and shall not be used for any business, commercial or industrial purposes whatsoever and neither shall it be sold off or sub let separately from the said property unless the prior written consent of the Local Planning authority has been obtained. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
5	The Velux window in the rear elevation of the building hereby approved shall be fitted with obscure glass with a glass panel which has been rendered obscure as part of its manufacturing process to Pilkington Glass Classification 5 (or equivalent of glass if supplied by alternative manufacturer) and shall be retained to the specification as obscure glazed hereafter and shall at all times be fixed shut. Reason: In the interest of the privacy and amenities of the neighbouring property occupiers and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
6	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order, with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of the privacy and amenities of the neighbouring property occupiers and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
7	The garage hereby approved shall only be used to house domestic vehicles and for no other purposes whatsoever and neither shall it be converted to additional habitable accommodation without the prior consent in writing of the Local Planning Authority. Reason: To control the amount of habitable accommodation and ensure that off street parking is provided at all times and to comply with policies D1 (Standards of Design) and H7 (Extensions and Alterations of Existing Properties) of the Isle of Wight Unitary Development Plan.
8	The garage shall at no time have an internal access to the proposed habitable accommodation. Reason: To control the amount of habitable accommodation and ensure that off street parking is provided at all times and to comply with policies D1 (Standards of Design) and H7 (Extensions and Alterations of Existing Properties) of the Isle of Wight Unitary Development Plan.