1.
THE RECOMMENDATIONS CONTAINED IN THIS REPORT OTHER
THAN PART 1 SCHEDULE AND DECISIONS ARE DISCLOSED FOR INFORMATION PURPOSES ONLY.
2.
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).
3.
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.
4.
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.
5.
THE COUNCIL CANNOT ACCEPT ANY RESPONSIBILITY FOR
THE CONSEQUENCES OF ANY ACTION TAKEN BY ANY PERSON ON ANY OF THE
RECOMMENDATIONS.
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 ON REPORT TO COMMITTEE –
|
1. |
Newchurch |
Conditional Permission |
|
|
Page 4 |
Land at Construction of
10 holiday units with areas for aircraft parking |
|
|
|
2. |
Newchurch |
Conditional Permission |
|
|
Page 16 |
Land at Detached 2
storey block of 8 units of holiday accommodation; alterations to vehicular
access |
|
|
|
3. |
Newchurch |
Conditional Permission |
|
|
Page 20 |
Land at Construction of
single/3 storey 53 bedroom hotel; alterations to vehicular access |
|
|
|
4. |
Newchurch |
Conditional Permission |
|
|
Page 24 |
Land at Construction of
2/3 storey blocks of 42 units of holiday accommodation with associated
swimming pools; alterations to vehicular access, (revised scheme) |
|
|
|
5. |
Ryde |
Conditional Permission |
|
|
Page 28 |
Clark Masts and
land adjacent Clark Masts, Demolition of
section of factory; proposed
construction of detached building to provide replacement factory |
|
|
|
6. |
Ryde |
Conditional Permission |
|
|
Page 39 |
Land adjacent Clark Masts, Outline for 2 terraces of 4 houses and block of
12 flats with parking |
|
|
|
7. |
Nettlestone
& Seaview |
Conditional Permission |
|
|
Page 43 |
Land between
Oaklea and 1 Eddington Road, Seaview, Demolition of
stable block; residential development of terrace of 3 houses, 3 pairs of
semi-detached houses and 1 detached house; refurbishment of existing play
area and alterations to vehicular access |
|
|
|
8. |
|
Conditional Permission |
|
|
Page 52 |
Demolition of
existing dwelling and garage; construction of two detached dwellings with
parking and turning; creation of 2m wide footpath across site frontage;
alterations to vehicular access |
|
|
|
9. |
Wootton |
Conditional Permission |
|
|
Page 65 |
Land at junction
of High Street and Proposed retail
(A1) store; alterations to vehicular access; construction of new access;
parking and landscaping (revised scheme) |
|
|
|
10. |
|
Northwood |
Refusal |
|
Page 84 |
Two storey
extension to provide additional living accommodation; conservatory (revised
scheme) |
|
|
|
01 |
Reference
Number: P/01156/06 - TCP/20677/U Parish/Name: Newchurch - Ward/Name: Newchurch Registration
Date: Officer: Mr J Mackenzie Tel: (01983)
823552 Applicant: Mr R
Steele & Mr C Williams Construction of
10 holiday units with areas for aircraft parking land at, |
Joint report with P/00050/07, P/00051/07, P/00052/07
The applications
are recommended for conditional permission.
REASON FOR COMMITTEE CONSIDERATION
These are major applications and contentious due to conflicting policy considerations and strategic significance.
1. Details of Applications
P/01156/06
1.1 Full consent is sought
for the erection of ten log cabins for use as holiday accommodation with
associated aircraft parking as part of the airport activities.
1.2
Plans show the site to be located to the east of the complex of airport
buildings which, in turn, are situated on the south side of the runway of
1.3 Chalets are shown to be
single storey, overall dimensions of 13.5 metres by 10 metres, comprising two
bedrooms, bathroom and lounge/dining/kitchen with an associated aircraft
parking area 15 metres square. Constructed in timber, the buildings are shown
to be finished in log panelling under a profiled sheet roof resembling tiles.
1.4 The taxiway situated for
the building is proposed to be retained in grass and it is understood that the
operating procedures are that following an aircraft landing, it would taxi to
its respective aircraft parking area where the engine would be stopped and the
aircraft pulled manually into the park facing outwards onto the taxi way. When leaving
an aircraft would taxi out to the airstrip where all pre-flight checks would
take place.
1.5 In terms of safety the
occupied areas (chalet and front/rear garden areas) would be enclosed with a
1.2 metre high fence located only at the front with the taxiway located as far
from the log cabins as possible. Accompanying the application is detailed the
proposed taxiway crossover where it crosses an existing water course. This is
proposed to be in the form of a concrete plank bridge to enable the crossing of
the ditch without culverting. Application plans show the public right of way
SS22A passes between the cabins towards the north eastern of the row and
crosses the runway.
1.6 Access
Each of the individual
proposals are accompanied by a plan detailing the proposed alterations to the
junction of Scotchells Brook Lane with the main Newport road which involves the
widening of the highway and the installation of a right turn lane. Additional
alterations to the access ensure that a left turn out of
1. Details
of Applications
P/00050/07
1.1 Full permission is sought
in this application for a detached two storey block of eight units of holiday
accommodation and alterations to vehicular access.
1.2 Application site has an
area of 0.27 hectares and is located approximately 200 metres east of the
access road, at the eastern extent of the complex of buildings which are
located on the south side of the runway. Plans show a building of two storeys
in height with an overall footprint of 10 metres by 25 metres finished in
render to the ground floor, horizontal planking to first floor under a hipped
slated roof. Eight flats, four per floor, each comprising two bedrooms,
lounge/kitchen and bathroom. Access would be via two central staircases, each
serving four flats, and the front elevation would incorporate four Juliette
style balconies. In front of the block of flats a car parking area is shown
with sufficient spaces for 31 vehicles.
1.3 Access
Each of the individual
proposals are accompanied by a plan detailing the proposed alterations to the
junction of Scotchells Brook Lane with the main Newport road which involves the
widening of the highway and the installation of a right turn lane. Additional
alterations to the access ensure that a left turn out of
1. Details
of Applications
P/00051/07
1.1 Full planning consent is
sought for the erection of a single/three store, 53 bedroom hotel with
alterations to vehicular access.
1.2 The layout plan shows a
roughly square shaped footprint for the main section of the hotel with two
“wings” situated to the south side of the existing and recently constructed
Aviator Public House and Restaurant which, in turn, is located adjoining the control
tower.
1.3 A new access is proposed
to be formed, entering from
1.4 Plans show the ground
floor to incorporate various uses including swimming pool and gym, lounge,
atrium restaurant and kitchens together with a further function room and five
bedrooms. First floor shows 23 en suite bedrooms arranged around the central
atrium incorporating two lifts and second floor is identical to first floor.
1.5 Elevationally the three
floors of accommodation are surmounted by a hipped and slated roof with a very substantial
glass atrium roof in the form of a pyramid above the centre of the main block.
Elsewhere ground floor is finished in render with first and second floors
finished in through tone planking of an unspecified colour.
1.6 At ground floor it is
proposed to link directly to the existing Aviator Bar and Restaurant via a
fully glazed link corridor. In addition, the whole of the lounge area, the
first section of the western wing, is also fully glazed.
1.7 Access
Each of the individual
proposals are accompanied by a plan detailing the proposed alterations to the
junction of Scotchells Brook Lane with the main Newport road which involves the
widening of the highway and the installation of a right turn lane. Additional
alterations to the access ensure that a left turn out of
1. Details of Applications
P/00052/07
1.1 Full permission is sought
for the construction of two/three storey blocks of 42 units of holiday
accommodation with associated swimming pools and also the alterations to
vehicular access.
1.2 Plans show the separate
access to that of the hotel situated off
1.3 Car parking is arranged
in small groups on the eastern side of the relative block, a total of 40
spaces, all accessed off the new access road situated to the east.
1.4 Access
Each of the individual
proposals are accompanied by a plan detailing the proposed alterations to the
junction of Scotchells Brook Lane with the main Newport road which involves the
widening of the highway and the installation of a right turn lane. Additional
alterations to the access ensure that a left turn out of
THE REMAINDER OF
THIS REPORT RELATES TO ALL APPLICATIONS
2. Location and Site Characteristics
2.1 Sandown Airport has an
approximate area of 3.5 hectares including the runway and other areas and is
located to the west of Lake with an access into the southern most extent of the
site off Newport Road a few metres west of Scotchells Brook. It is relatively
flat, rising slightly to the southwest and the existing runway runs on a
northeast to southwest access. Originally, the airport buildings were located
on the northwest side of the runway and accessed via
2.2 More recently airport
buildings have been relocated to the south east side a few metres into
Scotchells Brook Lane from Newport Road and there are several hangars, a
control tower and the comparatively recently constructed single storey public
house and restaurant known as The Aviator. To the south of the complex of
buildings are a group of buildings formally used as a plant hire yard and dwellings
inn close proximity. The land surrounding the airport is open and relatively
flat and although most of the land to the west is an agricultural use does
contain a caravan/camping site and a golf course to the north east. Immediately
to the east is a tract of unused land within which runs Scotchells Brooks
effectively separating the built up area of
3. Relevant History
3.1 Construction of one/two
storey hotel, 6 number two storey blocks of holiday apartments with associated
swimming pools and two storey block of office accommodation withdrawn January
2007.
3.2 Construction of six
buildings to form a clubhouse, office accommodation, a hangar and three
industrial units and vehicular access approved March 2004
4. Development Plan
Policy
4.1 National Policy Guidance
·
Planning Policy Statement 7 – Sustainable
Development in Rural Areas.
·
Good Practice Guide on Planning for Tourism.
4.2 UDP Policies
|
· G1 |
- |
Development
Envelopes |
|
· G2 |
- |
Consolidation
and Site Development Envelopes |
|
· G4 |
- |
General
Locational Criteria |
|
· G5 |
- |
Development
Outside Defined Settlements |
|
· G10 |
- |
Existing
Surrounding Uses |
|
· D1 |
- |
Standards of
Design |
|
· D2 |
- |
Standards for
Development within the Site |
|
· D3 |
- |
Landscaping |
|
· T1 |
- |
The Promotion of
Tourism and the Extension of the Seasons |
|
· T3 |
- |
Criteria for the
Development of |
|
· T5 |
- |
Development
Outside Defined Hotel Areas |
|
· T6 |
- |
Permanent
Accommodation Sites |
|
· T7 |
- |
Sites Suitable
for Tourism Related Development |
|
· T8 |
- |
Ancillary
Development Associated with Tourism Uses |
|
· T10 |
- |
The use of
Tourist Accommodation for Permanent Residential Use |
|
· C1 |
- |
Protection of
Landscape Character |
|
· TR7 |
- |
Highway
Considerations for New Development |
|
· TR9 |
- |
To Encourage the
Provision of Improved Transport Facilities |
|
· TR16 |
- |
Parking Policies
and Guidelines |
|
· TR17 |
- |
Public Rights of
Way |
|
· TR19 |
- |
Airports |
4.3 The site is not contained
within either a Conservation Area or an Area of Outstanding Natural Beauty but
the site is outside the designated development envelope and is designated
within the UDP as an airport subject to policy TR19 of the UDP.
4.4 The Airport is identified
in the preliminary Action Area Plan (AAP) as a site for consideration.
5. Consultee and Third
Party Comments
5.1 Internal Consultees
·
Highway Engineer recommends conditions if approved.
·
Ecology Officer confirms that the area is a
relatively low ecological value with the only value in the trees on site and
recommendations conditions regarding the retention of trees where possible and
for new planting.
·
Environmental Health Officer raises no objection
but recommends conditions regarding installation of extraction and filtration
equipment and for dealing with land contamination.
·
Council’s Tree Officer recognises that site
contains come good quality trees many of which would be lost and accordingly
recommends refusal
·
Rights of Way Officer points out that footpaths
would need diversion.
5.2 External Consultees
·
Environment Agency raises no objection subject to
conditions regarding drainage.
·
Southern Water raise no objection.
·
Newchurch Parish Council strongly object to all
developments on grounds of site being outside the designated development
envelope; development contrary to established policy; inadequate access; adverse
effect on the ecology of the area and on the nearby Area of Outstanding Natural
Beauty and that the emerging Area Action Plan is not relevant justification for
the development.
5.3 Neighbours and Local
Residents
·
Seven letters of objection to all developments on
grounds of:
o
Loss of privacy and overlooking
o
No need for more hotels
o
Development outside development envelope
o
That the airport needs a new access.
o
Precedent for residential and other developments
o
Raising concerns over public rights of way.
5.4
Others
·
Ramblers Association recommends refusal on grounds
of inadequate information regarding rights of way.
6. Evaluation
6.1 The
principal issues relating to this development are considered to be:
·
Policy and principle considerations.
·
Design and appearance
·
Visual impact
·
Access and parking implications
·
Landscaping
·
Impacts on adjoining properties.
6.2 Despite the fact that
there are four applications submitted by different applicants they all relate
to
6.3 The proposals comprise a
hotel, holiday flats and holiday cabins with attached aeroplane parking areas
and, in policy principle terms, whilst the site is located outside of the
designated development envelope, as a whole, falls within Policy T3 which
states:
“Planning proposals for
the development of holiday accommodation will only be acceptable in principle
where:
a) they are associated
with an existing permanent accommodation site; or
b) a new hotel, similar serviced accommodation or self-catering
accommodation is provided; or
c) existing accommodation is upgraded; or
d) the extension of the tourist season is promoted; or
e) they are small scale and ancillary to an existing agriculture
enterprise; or
f) an
existing touring caravan and camping site is upgraded, without detriment to the
visual amenity and rural character of the area and does not become a permanent
holiday accommodation; and
g) it
does not involve the loss of bed spaces considered to be important to the tourist
industry unless required by development to upgrade accommodation at a lower
density; and
h) the
Council is satisfied the development will be retained for holiday use.”
Sub paragraph (b) does
not presume that such new accommodation will be within the development envelope
and so, effectively, each of the elements are consistent with policy T3.
6.4 The tenor of policy T3
supports the establishment of a new hotel or similar serviced accommodation or
self-catering accommodation but this does not give a carte blanche for such
developments in any location. They should be sustainable and convincing reasons
why a development should be on a particular site and, in this instance, the
accommodation, firstly the hotel and secondly the cabins and holiday flats may
be justifiable in this location due to the existence of the airport upon which
the accommodation relies.
6.5 Whilst the AAP is in the
early stages of preparation the consideration of these applications can be made
without prejudice to any further development at the Airfield if it is felt
appropriate in the continuing AAP process.
6.5 Design and Appearance
The hotel and holiday
flats are linked by common materials and the hotel, particularly, due to its
close proximity to the Aviator Bar and Restaurant is also reminiscent of an
airfield with it horizontal plank cladding which although is not of timber,
would give the appearance of a material often found at rural airfields. In
terms of visual impact the site is open and the surrounding land is relatively
flat and as the buildings are up to three storeys not including the roof, the
buildings represent a considerable mass which cannot easily be screened and
therefore there will be a significant visual impact in the landscape. However,
bearing in mind the desire to achieve high quality accommodation for tourists,
the visual impact has to be offset against the other policies within the UDP
which justify the achievement of a development in the interest of tourism.
Significant weight is put on the tourism issues in this instance but it is true
to say that if the development were not to be used for tourism purposes and
perhaps for purely residential use, there would be significant resistance to
the current proposals.
6.6 With specific reference
to the cabins which have aircraft parking attached, the design and appearance
of these cabins is more appropriate to this rural location due to the scale of
the individual buildings and their resultant finish in timber log form. The
plans show the cabins to be constructed of timber with a tile like profiled
steel clad roof (e.g. Decra) to be single storey and with an overall ridge
height of 4.2 metres and to be situated approximately 10 metres from the very
substantial tree line which forms the boundary between the operational airfield
and the agricultural land to the south. Along this boundary is the public
footpath running close to the airfield. Whilst not easily visible from the
southwest due to dense and tall boundary screening, the buildings would be
easily visible from vantage points from the east, through north to the west.
However, the materials proposed, i.e. log panelling walls and “tile” profiled
sheeting to the roofs will minimise, as far as possible the visual impact of
the buildings.
6.7 Access and Parking
Access to each of the
sites is via
6.8 Landscaping
In this instance
landscaping of the site can do little more than soften the visual impact of the
various developments since existing landscape is open and relatively flat and
screening will not be possible due to the massing of the buildings. However, in
respect of the cabins, situated to the northeast of the complex of buildings,
substantial planting could take place at the north eastern end and the south
western ends of the line of cabins which would, once matured, reduce the
appearance of the buildings as seen from those directions thus limiting the
directions from where the buildings would be visible. It is recognised that
several good quality trees will be lost, but they are not protected by a Tree
Preservation Order and therefore their loss has to be considered against the
achievable development and the potential to provide replacement and additional
landscaping.
6.9 Impacts on Adjoining
Properties
There are two
residential properties in the near vicinity these are both accessed from
6.10 If it is accepted that, in
policy terms, a hotel, holiday flats and aircraft related holiday cabins are
acceptable in this location, the matter of occupancy, tenure and timing of the
development need to be addressed in order to safeguard the concerns over future
use of the accommodation.
6.11 Hotel accommodation is
serviced and hotels have little or no restrictions on their use since the Use
Class C1 includes only hotels, boarding houses and guesthouses in which the use
remains as serviced accommodation with no permitted change.
6.12
6.13 It may also be appropriate
to impose restrictions to control the timing of the development and to control
the ownership to ensure that any accommodation remains as a holiday complex.
7. Conclusion and Justification for
Recommendation
7.1 The establishment of new hotel and
holiday apartments is supported by policy T3 and the location for these holiday
units is based upon the use of the airfield. If the site stands alone without
direct relationship to any other development and therefore various elements of
the development relate to each other satisfactorily. Access is to be improved
by substantial junction improvement with
8. Recommendation
Approval
(all applications), subject to the Conclusion of a Section 106 Agreement to
control ownership and occupancy.
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
cabins hereby approved shall be of timber frame construction with dark
stained timber cladding and the roof shall be of profiled steel cladding of a
type which resembles conventional tiling and a complete schedule of colours
and textures of the finishes to be used in the construction of the cabins
hereby approved shall be submitted to and approved by the Local Planning
Authority prior to commencement of works on site. Thereafter the cabins shall
be maintained in the approved finishes. 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
log cabins hereby approved shall be used for holiday accommodation only and
shall not be used as a sole or main residence by any occupiers. In the event
that the airport ceases to function as an operational airfield or is
separated from the site as one entity, the cabins shall be removed from the
site permanently. Reason:
To ensure that the development remains for holiday purposes and to
comply with policies T1 (Tourism) and T3 (Holiday Accommodation) of the Isle
of Wight Unitary Development Plan. |
|
4 |
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 G of Part 1
of Schedule 2 to that Order shall be carried out without the prior written
consent of the Local Planning Authority. Reason: To ensure that the development remains for
holiday purposes and to comply with policies T1 (Tourism) and T3 (Holiday
Accommodation) of the Isle of Wight Unitary Development Plan. |
|
5 |
No
development shall be commenced until a scheme has been submitted to and
approved in writing by the Local Planning Authority detailing the provision
of a surface water regulation system, designed to the satisfaction of the
Local Planning Authority and supported by detailed calculations. The run off
generated from the proposed development must not increase the risk of
flooding of site and the scheme must include a maintenance programme and
established ownership of the drainage system. The agreed scheme shall be
implemented before the development hereby approved is completed and shall be
retained thereafter. Reason:
To prevent flooding and ensure the future maintenance. |
|
6 |
No
development approved by this planning permission shall be commenced until a
scheme for the foul drainage of the cabins hereby approved has been submitted
to and approved in writing by the Local Planning Authority. Thereafter the
agreed scheme shall be implemented and operational prior to the occupation of
the cabins hereby approved. Reason:
In order to prevent discharge of foul or contaminated drainage from
the site into either ground water or any surface water, whether direct or via
soakaways to ensure the prevention of pollution of controlled waters and in
accordance with policy P2 of the Isle of Wight Unitary Development Plan. |
|
7 |
Any
crossing of the ditch or watercourse shall be carried out in accordance with
a detailed scheme to be submitted to and approved in writing by the Local
Planning Authority prior to commencement of works on site. Reason:
In order to prevent flooding and in accordance with policy G6 of the
Unitary Development Plan. |
|
8 |
No
development hereby permitted shall commence until there has been submitted to
and approved in writing by the Local Planning Authority: a) A Desk Top Study documenting all
previous and existing land uses of the site and adjacent land in accordance
with national guidance as set out in Contaminated Land Research Report CLR11
"Model Procedures for the Management of Land contamination and
BS10175:2001; and unless otherwise agreed in writing by the Local Planning
Authority, b) A Site Investigation Report
documenting the ground conditions of the site and incorporating chemical and
gas analysis identified as appropriate by the Desk Top Study in accordance
with BS10175:2001 - "Investigation of Potentially contaminated Sites -
Code of Practice" and, unless otherwise agreed by the Local Planning
Authority. c) A remediation scheme to deal with
any contaminant including an implementation timetable, monitoring proposals
and a remediation verification methodology. The verification methodology
shall include a sampling and analysis programme to confirm the adequacy of
decontamination and an appropriately qualified person shall oversee the
implementation or remediation. The
construction of buildings shall not commence until the investigator has
provided a report, which shall include confirmation that all remediation
measures have been carried out fully in accordance with the scheme. The
report shall also include results of a verification programme of post
remediation sampling and monitoring in order to demonstrate that the required
remediation has been fully met. Future monitoring proposals and reporting
shall also be detailed in the report. Reason: To protect the environment and to prevent
harm to human health by ensuring that
where necessary the land is remediated to an appropriate standard in order to
comply with Part 2A of the Environmental Protection Act 1990 and in
accordance with Policy P2 of the Isle of Wight Unitary Development Plan. |
|
9 |
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 (e.g. 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. |
|
10 |
No
lighting of the site shall be installed unless in accordance with a scheme
which has been submitted to and approved by the Local Planning Authority in
writing. The approved scheme shall indicate type, height and intensity of
illumination and means of minimising spill lighting. Reason:
In order to minimise environmental pollution and in accordance with
Policy P1 (Pollution and Development) of the Isle of Wight Unitary
Development Plan. |
|
02 |
Reference
Number: P/00050/07 - TCP/20677/Y Parish/Name: Newchurch - Ward/Name: Newchurch Registration
Date: Officer: Mr J Mackenzie Tel: (01983)
823552 Applicant: Mr G
Collins Detached 2
storey block of 8 units of holiday accommodation; alterations to vehicular
access land at, The application
is recommended for Conditional Permission |
Joint
report with P/1156/06, P/00051/07, P/00052/07
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 |
None
of the cabins hereby approved shall be used other than as holiday
accommodation and no occupant shall occupy the holiday apartments hereby
approved as their sole or main residence. Reason: To ensure that the development remains for
holiday purposes and to comply with policies T1 (Tourism) and T3 (Holiday
Accommodation) of the Isle of Wight Unitary Development Plan. |
|
3 |
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. |
|
4 |
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 (e.g. 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. |
|
5 |
No
development shall take place until a scheme of landscape implementation and
maintenance for a minimum period of 5 years has been submitted to and
approved in writing by the Local Planning Authority. All hard and soft landscape works shall be
carried out in accordance with the approved scheme. The works shall be carried out prior to the
occupation of any part of the development or in accordance with the programme
agreed with the Local Planning Authority. Reason: To ensure the provision, establishment and
maintenance of a reasonable standard of landscape in accordance with the
approved design and to comply with policy D3 (Landscaping) of the Isle of
Wight Unitary Development Plan. |
|
6 |
All
construction traffic related to the approved development shall deliver, load
and unload on a route and in a location and at times approved in writing by
the Local Planning Authority. 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. |
|
7 |
No
construction traffic related to the approved development shall enter the
public highway unless their wheels and chassis have been washed to prevent
material being deposited on the highway.
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. |
|
8 |
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. |
|
9 |
No
(building hereby permitted shall be occupied until space has been laid out
within the site in proportion to be disabled parking compliant) and cycles to
be parked and for vehicles to be able
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. |
|
10 |
No
development authorised by this permission shall commence until a Legal
Agreement has been concluded for the construction of a right turn lane in
accordance with Drawing No. 1/CSSOTCHELLS.1/1 Rev. C 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 approved by this permission shall be commenced until a scheme for
the provision and implementation of foul drainage works has been approved by
and implemented to the reasonable satisfaction of the Local Planning
Authority. Reason: To minimise the risk of pollution and to
comply with policy P1 (Pollution and Development) of the Isle of Wight
Unitary Development Plan. |
|
12 |
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 |
|
13 |
No
development hereby permitted shall commence until there has been submitted to
and approved in writing by the Local Planning Authority: a) A Desk Top Study documenting all
previous and existing land uses of the site and adjacent land in accordance
with national guidance as set out in Contaminated Land Research Report CLR11
"Model Procedures for the Management of Land contamination and
BS10175:2001; and unless otherwise agreed in writing by the Local Planning
Authority, b) A Site Investigation Report documenting
the ground conditions of the site and incorporating chemical and gas analysis
identified as appropriate by the Desk Top Study in accordance with
BS10175:2001 - "Investigation of Potentially contaminated Sites - Code
of Practice" and, unless otherwise agreed by the Local Planning
Authority. c) A remediation scheme to deal with
any contaminant including an implementation timetable, monitoring proposals
and a remediation verification methodology. The verification methodology
shall include a sampling and analysis programme to confirm the adequacy of
decontamination and an appropriately qualified person shall oversee the
implementation or remediation. The
construction of buildings shall not commence until the investigator has
provided a report, which shall include confirmation that all remediation
measures have been carried out fully in accordance with the scheme. the
report shall also include results of a verification programme of post
remediation sampling and monitoring in order to demonstrate that the required
remediation has been fully met. Future monitoring proposals and reporting
shall also be detailed in the report. Reason: To protect the environment and to prevent
harm to human health by ensuring that
where necessary the land is remediated to an appropriate standard in order to
comply with Part 2A of the Environmental Protection Act 1990 and in
accordance with Policy P2 of the Isle of Wight Unitary Development Plan. |
|
14 |
A
comprehensive register of all occupants of the site shall be maintained
giving details of all names, home addresses and dates of occupation of the
site and the said register shall be made available for inspection by the
Local Planning Authority at reasonable notice. Reason:
To ensure that the development remains for holiday purposes and to
comply with policies T1 (Tourism) and T3 (Holiday Accommodation) of the Isle
of Wight Unitary Development Plan. |
|
15 |
No
lighting of the site shall be installed unless in accordance with a scheme
which has been submitted to and approved by the Local Planning Authority in
writing. The approved scheme shall indicate type, height and intensity of
illumination and means of minimising spill lighting. Reason:
In order to minimise environmental pollution and in accordance with
Policy P1 (Pollution and Development) of the Isle of Wight Unitary
Development Plan. |
|
16 |
The
development hereby approved shall not be commenced until the existing hangar
on the site has been replaced in accordance with planning permission granted
by the Local Planning Authority in that regards. Reason:
To ensure the continuity of employment and to comply with Policy E3 ( |
|
03 |
Reference
Number: P/00051/07 - TCP/20677/W Parish/Name: Newchurch - Ward/Name: Newchurch Registration
Date: Officer: Mr J Mackenzie Tel: (01983)
823552 Applicant: Mr G
Collins Construction of
single/3 storey 53 bedroom hotel; alterations to vehicular access land at, The application
is recommended for Conditional Permission |
Joint report
with P/1156/06, P/00050/07, P/00052/07
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 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. |
|
3 |
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 (e.g. 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. |
|
4 |
No
development shall take place until a scheme of landscape implementation and
maintenance for a minimum period of 5 years has been submitted to and
approved in writing by the Local Planning Authority. All hard and soft landscape works shall be
carried out in accordance with the approved scheme. The works shall be carried out prior to the
occupation of any part of the development or in accordance with the programme
agreed with the Local Planning Authority. Reason: To ensure the provision, establishment and
maintenance of a reasonable standard of landscape in accordance with the
approved design and to comply with policy D3 (Landscaping) of the Isle of
Wight Unitary Development Plan. |
|
5 |
All
construction traffic related to the approved development shall delivery, load
and unload on a route and in a location and at time approved in writing by
the Local Planning Authority. 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. |
|
6 |
No
construction traffic related to the approved development will enter the
public highway unless their wheels and chassis have been washed to prevent material
being deposited on the highway. 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 |
No
building shall 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. |
|
8 |
No
building hereby permitted shall be occupied until space has been laid out
within the sit in accordance with drawing number AH/NC/01 for 79 cars (and
appropriate proportion to be disabled parking compliant) and cycles 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 appropriate 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. |
|
9 |
No
building 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. |
|
10 |
No
development hereby approved shall be commenced until a Legal Agreement has
been concluded for the construction of a right turn lane in accordance with
Drawing No. 1/CSSSCOTCHELLS.1/1 Rev.C. Reason:
In the interest of highway safety and to comply with policy TR7
(Highway Considerations) of the Isle of Wight Unitary Development Plan) |
|
11 |
No
development approved by this permission shall be commenced until a scheme for
the provision and implementation of foul drainage works has been approved by
and implemented to the reasonable satisfaction of the Local Planning
Authority. Reason: To minimise the risk of pollution and to
comply with policy P1 (Pollution and Development) of the Isle of Wight
Unitary Development Plan. |
|
12 |
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 |
|
13 |
No
development hereby permitted shall commence until there has been submitted to
and approved in writing by the Local Planning Authority: a) A Desk Top Study documenting all
previous and existing land uses of the site and adjacent land in accordance
with national guidance as set out in Contaminated Land Research Report CLR11
"Model Procedures for the Management of Land contamination and
BS10175:2001; and unless otherwise agreed in writing by the Local Planning
Authority, b) A Site Investigation Report
documenting the ground conditions of the site and incorporating chemical and
gas analysis identified as appropriate by the Desk Top Study in accordance
with BS10175:2001 - "Investigation of Potentially contaminated Sites -
Code of Practice" and, unless otherwise agreed by the Local Planning
Authority. c) A remediation scheme to deal with
any contaminant including an implementation timetable, monitoring proposals
and a remediation verification methodology. The verification methodology
shall include a sampling and analysis programme to confirm the adequacy of
decontamination and an appropriately qualified person shall oversee the
implementation or remediation. The
construction of buildings shall not commence until the investigator has
provided a report, which shall include confirmation that all remediation
measures have been carried out fully in accordance with the scheme. the
report shall also include results of a verification programme of post
remediation sampling and monitoring in order to demonstrate that the required
remediation has been fully met. Future monitoring proposals and reporting
shall also be detailed in the report. Reason: To protect the environment and to prevent
harm to human health by ensuring that
where necessary the land is remediated to an appropriate standard in order to
comply with Part 2A of the Environmental Protection Act 1990 and in
accordance with Policy P2 of the Isle of Wight Unitary Development Plan. |
|
14 |
No
lighting of the site shall be installed unless in accordance with a scheme
which has been submitted to and approved in writing by the Local Planning
Authority. the approved scheme shall indicate type, height and intensity of
illumination and means of minimising spill lighting. Reason:
In order to minimise environmental pollution and in accordance with
Policy P1 (Pollution and Development) of the Isle of Wight Unitary
Development Plan. |
|
15 |
Noise
emitted from HVAC plant from swimming pool plant and from entertainments
within the hotel, from the use hereby approved, shall not exceed Laeq 5 minute of 30 dB (and
shall have no significant tonal component within any one third octave band
level. Where any one third octave band level is 5 dB or above the adjacent
band levels the tone is deemed to be significant) between 23.00 and .7.00
hours daily and shall not exceed Laeq 60 minuet of 42 dB at anytime (and
shall have no significant tonal component within any one third octave band
level. Where any one third octave band level is 5dB or above the adjacent
band levels the tone is deemed to be significant) between 07.00 and 23.00 hrs
daily. The noise level shall be determined at one metre from airport lodge by
measurement or calculation. The measurements and or calculation shall be made
in accordance with BS4142:1997. Reason:
To prevent annoyance and disturbance, in particular sleep
disturbance* from noise emissions from
the premises. |
|
16 |
Prior
to the use hereby authorised commencing, the Local Planning Authority shall
be notified of the intended hours for goods deliveries and goods despatches
to the development. The use shall not commence until these hours have been
approved, or amended as necessary, by the Local Planning Authority. Reason:
To prevent annoyance and disturbance, in particular sleep disturbance*
from noise emissions from the premises. |
|
17 |
The
kitchen of the hotel shall be fitted with an extract ventilation system which
shall comprise suitably sealed and fireproofed exhaust ducting installed from
the point of extraction, to an extractor fan and thence to a suitable point
of discharge to atmosphere. The discharge point must be at a height of not
less than 1 metre above the ridge level of the premises to which it is
attached except where there are buildings nearby which are likely to have an
effect upon dispersion (i.e. any building within the distance of 5 times the
proposed chimney height) when the chimney should be 1 metre above the ridge
of that building. The extractor fan shall be appropriately sized and
precaution shall be taken to minimise the potential of disamenity from noise
or vibration such as including where approbate accousting housing, silencing
and system design. The system shall also incorporate a pre-filter/grease
filter with easy access for cleaning and replacement adequate provision for
access to facilitate dismantling and thorough cleaning. The system shall be
maintained and effectively operated during the use of the premises. Reason:
To prevent annoyance and disturbance from odour emissions from the
premises. |
|
04 |
Reference
Number: P/00052/07 - TCP/20677/X Parish/Name: Newchurch - Ward/Name: Newchurch Registration
Date: Officer: Mr J Mackenzie Tel: (01983)
823552 Applicant: Mr G
Collins Construction of
2/3 storey blocks of 42 units of holiday accommodation with associated
swimming pools; alterations to vehicular access, (revised scheme) land at,
Sandown Airport, Newport Road, Sandown, Isle Of Wight, PO36 The application
is recommended for Conditional Permission |
Joint report with P/1156/06, P/00050/07,
P/00051/07
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/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. |
|
3 |
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 (e.g. 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. |
|
4 |
No
development shall take place until a scheme of landscape implementation and
maintenance for a minimum period of 5 years has been submitted to and
approved in writing by the Local Planning Authority. All hard and soft landscape works shall be
carried out in accordance with the approved scheme. The works shall be carried out prior to the
occupation of any part of the development or in accordance with the programme
agreed with the Local Planning Authority. Reason: To ensure the provision, establishment and
maintenance of a reasonable standard of landscape in accordance with the
approved design and to comply with policy D3 (Landscaping) of the Isle of
Wight Unitary Development Plan. |
|
5 |
All
construction traffic related to the approved development shall delivery, load
and unload on a route and in a location and at time approved in writing by
the Local Planning Authority. 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. |
|
6 |
No
construction traffic related to the approved development will enter the
public highway unless their wheels and chassis have been washed to prevent
material being deposited on the highway. 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 |
No
building shall 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. |
|
8 |
No
building hereby permitted shall be occupied until space has been laid out
within the sit in accordance with drawing number AH/NC/01 for 79 cars (and
appropriate proportion to be disabled parking compliant) and cycles 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 appropriate 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. |
|
9 |
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. |
|
10 |
No
development hereby approved shall be commenced until a Legal Agreement has
been concluded for the construction of a right turn lane in accordance with
Drawing No. 1/CSSSCOTCHELLS.1/1 Rev.C. Reason:
In the interest of highway safety and to comply with policy TR7
(Highway Considerations) of the Isle of Wight Unitary Development Plan) |
|
11 |
No
development approved by this permission shall be commenced until a scheme for
the provision and implementation of foul drainage works has been approved by
and implemented to the reasonable satisfaction of the Local Planning
Authority. Reason: To minimise the risk of pollution and to
comply with policy P1 (Pollution and Development) of the Isle of Wight
Unitary Development Plan. |
|
12 |
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 |
|
13 |
No
development hereby permitted shall commence until there has been submitted to
and approved in writing by the Local Planning Authority: a) A Desk Top Study documenting all
previous and existing land uses of the site and adjacent land in accordance
with national guidance as set out in Contaminated Land Research Report CLR11
"Model Procedures for the Management of Land contamination and
BS10175:2001; and unless otherwise agreed in writing by the Local Planning
Authority, b) A Site Investigation Report documenting
the ground conditions of the site and incorporating chemical and gas analysis
identified as appropriate by the Desk Top Study in accordance with
BS10175:2001 - "Investigation of Potentially contaminated Sites - Code
of Practice" and, unless otherwise agreed by the Local Planning
Authority. c) A remediation scheme to deal with
any contaminant including an implementation timetable, monitoring proposals
and a remediation verification methodology. The verification methodology
shall include a sampling and analysis programme to confirm the adequacy of
decontamination and an appropriately qualified person shall oversee the
implementation or remediation. The
construction of buildings shall not commence until the investigator has
provided a report, which shall include confirmation that all remediation
measures have been carried out fully in accordance with the scheme. the
report shall also include results of a verification programme of post
remediation sampling and monitoring in order to demonstrate that the required
remediation has been fully met. Future monitoring proposals and reporting
shall also be detailed in the report. Reason: To protect the environment and to prevent
harm to human health by ensuring that
where necessary the land is remediated to an appropriate standard in order to
comply with Part 2A of the Environmental Protection Act 1990 and in
accordance with policy P2 of the Isle of Wight Unitary Development Plan. |
|
14 |
No
lighting of the site shall be installed unless in accordance with a scheme
which has been submitted to and approved in writing by the Local Planning
Authority. the approved scheme shall indicate type, height and intensity of
illumination and means of minimising spill lighting. Reason:
In order to minimise environmental pollution and in accordance with
Policy P1 (Pollution and Development) of the Isle of Wight Unitary
Development Plan. |
|
15 |
Noise
emitted from HVAC plant from swimming pool plant and from entertainments
within the hotel, from the use hereby approved, shall not exceed Laeq 5
minute of 30 dB (and shall have no significant tonal component within any one
third octave band level. Where any one third octave band level is 5 dB or
above the adjacent band levels the tone is deemed to be significant) between
23.00 and .7.00 hours daily and shall not exceed Laeq 60 minuet of 42 dB at
anytime (and shall have no significant tonal component within any one third
octave band level. Where any one third octave band level is 5dB or above the
adjacent band levels the tone is deemed to be significant) between 07.00 and
23.00 hrs daily. The noise level shall be determined at one metre from
airport lodge by measurement or calculation. The measurements and or
calculation shall be made in accordance with BS4142:1997. Reason:
To prevent annoyance and disturbance, in particular sleep disturbance
* from noise emissions from the premises. |
|
16 |
Prior
to the use hereby authorised commencing, the Local Planning Authority shall
be notified of the intended hours for goods deliveries and goods despatches
to the development. the use shall not commence until these hours have been
approved, or amended as necessary, by the Local Planning Authority. Reason:
To prevent annoyance and disturbance, in particular sleep disturbance*
from noise emissions from the premises. |
|
17 |
The
kitchen of the hotel shall be fitted with an extract ventilation system which
shall comprise suitably sealed and fireproofed exhaust ducting installed from
the point of extraction, to an extractor fan and thence to a suitable point of
discharge to atmosphere. The discharge point must be at a height of not less
than 1 metre above the ridge level of the premises to which it is attached
except where there are buildings nearby which are likely to have an effect
upon dispersion (i.e. any building within the distance of 5 times the
proposed chimney height) when the chimney should be 1 metre above the ridge
of that building. The extractor fan shall be appropriately sized and
precaution shall be taken to minimise the potential of disamenity from noise
or vibration such as including where approbate accousting housing, silencing
and system design. The system shall also incorporate a pre-filter/grease
filter with easy access for cleaning and replacement adequate provision for
access to facilitate dismantling and thorough cleaning. The system shall be
maintained and effectively operated during the use of the premises. Reason:
To prevent annoyance and disturbance from odour emissions from the
premises. |
|
05 |
Reference
Number: P/02780/06 - TCP/16532/M Parish/Name: Ryde - Ward/Name: Ryde South West Registration
Date: Officer: Mr J Mackenzie Tel: (01983)
823552 Applicant: Evergreen Holdings Limited Demolition of
section of factory; proposed
construction of detached building to provide replacement factory Clark Masts
& land adjacent Clark Masts, 18-20 Ringwood Road, Ryde, Isle Of Wight,
PO333PA |
Joint report with P/02897/06
These applications
are recommended for Conditional Permission (Subject to a Section 106
Obligation).
REASON FOR COMMITTEE CONSIDERATION
These are major applications and are contentious due to conflicting policy considerations.
1. Details of Application
1.1 Proposals seeks consent
for the demolition the existing factory and for its replacement with a detached
building at the rear of the site and, secondly, for outline permission two
terraces of four houses and for a block of 12 flats with associated car
parking.
1.2 The
former application plans show complete clearance of the site with the exception
of the office and reception building which is intended to stay and the
replacement building to be located towards the southern boundary, as it closest
point, towards the eastern extent, a distance of three metres from the boundary
and at its western end ten metres from the boundary.
1.3 Similarly, the building
is shown to be 6.5 metres from the east boundary of the site and approximately
four metres from the western boundary. The intervening piece of land between
the factory building and the existing office and reception building is shown to
be laid out to car parking, a total of 55 car parking spaces with landscaping
surrounding.
1.4 New building is shown to
be 10 metres deep by 36 metres long, to incorporate a very shallow ridged roof
with a maximum height of 6.6 metres above ground level with part of the
building of two storeys of accommodation.
1.5 Floor plans show the
accommodation provided to be machine shop, fabrication/fitting tube section,
stores, showroom, painting area, holding area, packing area, a goods in and out
facility with the remaining ground floor in offices and toilets. The small
mezzanine area on first floor of 6 metres width and the full length of the
building will also be in use as offices and toilets.
1.6 Clark Masts the existing
site operator fabricates telescopic and other masts (aerials) for use with
advance communications. It incorporates a range of uses which could be
classified as B1 or B2, and overall use which does not fit conveniently into either
category. Site is located in a residential area and does not have a detrimental
effect at present but certain uses could be at odds with surrounding uses such
as machine shop and painting shops.
1.7 The second application
seeks consent for the further subdivision of the site, seeking outline consent
for redevelopment for residential purposes and plans show an extension of the
existing, approved cul-de-sac in a south westerly direction of its turning head
towards the east of the site to enable the erection of two terraces, each of
four dwellings and for the erection of a block of 12 flats situated between the
recently constructed block of six flats on Phase 1 and the office and reception
area of the existing Clark Masts factory.
1.8 This is an outline application
but with layout and means of access to be considered at this time.
1.9 The layout plan shows 12
flats to have 12 car parking spaces attached between the block and the access
road with access directly off the current access to Clark Masts complex.
1.10 No details of design have
been submitted but bearing in mind the development which has recently been
taking place on the site, is anticipated that the dwellings would be of similar
size and appearance but no details have been submitted relating to the flats
except for the site layout.
2. Location and Site
Characteristics
2.1 The total site area is
currently 1.69 hectares and is located off
2.2 Site comprises a mix of
modern and long established factory buildings, some of which now provide an
inadequate environment for the processes and in some cases, require renewal.
The main reception and offices building located towards the entrance to the
site is a three storey red brick, square, flat roofed building of more modern
appearance with the remainder being in variety of materials ranging from
profiled sheet cladding to pre-cast concrete panels with metal sheeting to
upper parts of the elevations and roof. Most are surrounded by parking and
ancillary development but there is presently an open grassed buffer strip
between the factory buildings and the rear gardens of those properties fronting
both
3. Relevant History
3.1 Demolition of north end
of factory; construction of 21 houses and three storey building to provide six
flats - approved March 2006, subject to legal Agreement requiring financial
contributions towards education, tree planting and the provision of six units
of affordable housing.
3.2 Outline planning
permission (with means of access only approved) was granted for residential
development in January 2003 subject to a condition which required a minimum
density of 30 dwellings per hectare and requiring 20% of the units to be
registered to a social landlord.
3.3 In January 2004 approval
of reserved matters was granted for 18 dwellings. This scheme was superseded by
the 2006 permission detailed above.
3.4 The applications detailed
above relate to the piece of land immediately adjoining the current application
site and formed part of the industrial complex but is now a residential
development site nearing completion.
4. Development Plan
Policy
4.1 National Policy Guidance
·
PPG3/PPS3 – Housing essentially supports higher
density housing schemes especially in urban areas; more sustainable development
utilizing brownfield sites and promoting and delivering affordable housing.
4.2 UDP Policies are as follows:
|
·
G1 |
- |
Development
envelopes for Towns and Villages |
|
·
G4 |
- |
General
Locational Criteria for Development |
|
·
D1 |
- |
Standards of
Design |
|
·
D2 |
- |
Standards for
Development within the Site |
|
·
H1 |
- |
Major New
Residential Developments to be Located within Main Island Towns |
|
·
H2 |
- |
To Ensure Large
Residential Developments Contain a Variety of House Sizes and Types |
|
·
H6 |
- |
High Density
Residential Development |
|
·
E3 |
- |
Resist the
Development of Allocated |
4.3 The site is not within an
Area of Outstanding Natural Beauty or a Conservation Area.
4.4 In April 2003 a Tree
Preservation Order was imposed on the Oak trees towards the northern end of the
site.
5. Consultee and Third
Party Comments
5.1 Internal Consultees
·
Highway Engineers ……………
·
Environmental Health recommend usual conditions
regarding possible contamination and remediation actions if contaminants are
found.
5.2 External Consultees
·
Environment Agency – no objection subject to a
condition requiring submission of drainage details.
·
Southern Water point out there is currently
inadequate capacity in the local network to provide foul sewage disposal.
However, recommends that it may be possible by removing some of the existing
surface water entering the sewer that additional flows could be accommodated
and accordingly recommends the usual condition requiring the submission of
surface and foul water drainage details prior to the commencement of any works
on site.
5.3 Town Council comments
·
Not applicable.
5.4 Neighbours
·
None at the time of writing.
6. Evaluation
6.1 These
two applications should be considered together but as one is for full
permission and the other for outline, the determining factors are slightly
different but are:
·
Policy and principle
·
Design and appearance
·
Effect on neighbouring properties and matters
relating to access and parking
·
Drainage implications
·
Compatibility between each application and
surrounding uses.
6.2 Policy E3 would normally
count against the loss of existing employment land to another use, such as
residential. However, in this instance the proposals are made by the same
applicant, the firm who currently operate the industrial undertaking.
Accordingly, the loss of some of the site to further residential development is
requested as an enabling development to finance the renewal of the existing
industrial plant with new, purpose built, modern buildings to enable the firm
to thrive.
6.3 In a letter accompanying
the application the applicants add that:
“The
present factory buildings were constructed in the 1960s and are now considered
to be substandard, in need of general repair and upgrade. The buildings have
minimum insulation and this, added to the type of construction, make them very
expensive to heat and also has an adverse effect on the environment. It is
therefore essential for us to consider the construction of a whole new
industrial building at the rear of our site. The new building would be purposes
built, all on one level and would provide out manufacturing division with
light, modern and energy efficient accommodation. The financial savings linked
to the decrease in gas and electricity consumption would fully contribute to
the consolidation of employment on the site. Business will benefit directly
from the changes, it being easier to make its products in an increasingly
competitive market place. The layout of the proposed new building also adds to
the overall efficiency of the business, being able to operate under one roof
without the need to transfer products from building to building which again is
costly. We are very comfortable with out location and our place as an employer
in the local are, the majority of our work force live in the very close
vicinity of the factory site.”
6.4 With specific reference
to the residential part of the proposals the applicant states:
“Following our application,
approval and sale of the first phase of residential housing, the cash inflows
from this scheme have allowed us to invest in the business, reduce out
borrowings and retain the employment on the site. This new residential scheme
is directly linked to the new factory building and would provide the financial
inflows enabling the construction of the new factory building without any
further borrowing of money, again assisting in the overall commercial viability
of the company. There would obviously be a commitment to social housing which
we understand is of interest to local housing associations. The type of
properties intended would be affordable which we understand is needed in the
local area.
To summarise, we feel that
this combined scheme would bring our business a needed injection of investment,
our existing number of employees would not decrease and we would hope that this
scheme would secure our long term future as a significant employer in the local
area.”
6.5 In terms of policy and
principle, the new factory would be consistent with policy and the residential
development to enable such a modernization and consolidation of an existing
industrial undertaking would be consistent with policy.
6.6 Design and Appearance
The new factory
building is a proposed proprietary product consisting of a high span portal
framed construction with metal cladding but with the lower sections in pre-cast
concrete. Whilst it is a proprietary manufactured product, it is individually
designed to not only fit the site but to operate coherently internally thus
allowing the business to function efficiently. It is comparatively low profile
and situated on falling ground (site falls from east down to west) but on a
single level following the digging in of the eastern extent of the structure.
Situated at the rear of the site only the front elevation would be visible when
approach and its appearance is functional and appropriate for this location. It
is intended to retain the existing offices and reception building with car
parking land and overall the appearance of the site once redeveloped would be
acceptable subject to a comprehensible landscaping scheme.
6.7 In terms of effect on
adjoining properties, the building is essential “built in” to the site although
it will be a certain amount of cut and fill to achieve single level floor plan.
The cut shown to be a maximum of 1.8 metres whereas the fill, at the western
end, is likely to be approximately one metre. Situated at the southern end of
the site, the nearest properties would be in
6.8 In terms of access and
parking the factory site is already accessed and employment levels are unlikely
to change, the additional increase in use of the access leading to both sites
would therefore be as a net result of the proposed residential accommodation
which shows approximately 20 vehicle spaces, some of which will be accessed via
the recently constructed access road to phase 1 on the north side of the site.
Accordingly, 12 vehicles will be using the same access as the new factory building.
Apart from some alterations required as a result of the Road Safety Audit, the
Highway engineers consider there to be no objections and recommend conditions
accordingly.
6.9 Social Housing
Whilst only in outline
form the second application seeks consent for 20 residential units and
therefore there are social housing implications and, similarly, contributions
towards education and open space. The agent submitting the application has
acknowledged the social housing requirements and, accordingly, at the usual
rate of 30%, seven units (minimum) would be required in this instance.
6.10 Drainage
Both the Environment
Agency and southern Water have raised the matter of surface water disposal and
in the particular case of Southern Water suggest that surface water should be
taken out of the combine sewer thereby creating spare capacity for foul water
drainage. The surface water from this site is not increased by development but
development does speed its run off. Accordingly, both the Environment Agency and
Southern Water recommend the conditional approach requiring details and
calculations of surface water run off to enable satisfactory speeds of run off
via attenuation into the local, natural drainage regime, which would, in this
case, relate to the stream situated within the woodland to the west.
Accordingly it is considered that the means of drainage from the site is
possible subject to receipt of satisfactory calculations a scheme of achieving
satisfactory levels of run off etc.
7. Conclusion and Justification for
Recommendation
7.1 These two applications, considered together, form a means of funding the replacement of the existing factory, within its own site whilst providing additional residential accommodation, a proportion of which will be “affordable.” The principle of upgrading existing employment facilities is applauded and the means to achieve this will provide for both the factory to thrive and affordable housing at the site. The proposals should be absorbed into the local environment satisfactorily without detriment to adjoining residential property nor adverse effect on the highway network through increased traffic or congestion and subject to receipt of satisfactory schemes for both foul and surface water disposal it is felt that adverse effects of the development can be avoided.
7.2 However, it should be remembered the loss if employment land for residential development should not be allowed unless it can be assured of the delivery of the new factory and therefore approval is recommended subject to the conclusion of a Section 106 Agreement to ensure that the replacement factory is provided before the residential development of the site commences. The agent has stated that the intention is to erect the replacement factory building before the existing facilities are demolished with the intention of maintaining continuity of production and employment. Both of these considerations are considered to be essential to the success of making an exception to the normal restrictive policy and therefore demolition of the existing factory should also not occur until the replacement factory building has been completed. Accordingly, the combined proposals are considered to be consistent with policies contained within the Unitary Development Plan as detailed in the policy section above.
8. Recommendation
Approval
(both applications) (Subject to Section 106 Planning Obligation the heads of
which are set out in the Conclusion and Justification section above.
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 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. |
|
3 |
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 (e.g. 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. |
|
4 |
No
development shall take place until a scheme of landscape implementation and
maintenance for a minimum period of 5 years has been submitted to and
approved in writing by the Local Planning Authority. All hard and soft landscape works shall be
carried out in accordance with the approved scheme. The works shall be carried out prior to the
occupation of any part of the development or in accordance with the programme
agreed with the Local Planning Authority. Reason: To ensure the provision, establishment and
maintenance of a reasonable standard of landscape in accordance with the
approved design and to comply with policy D3 (Landscaping) of the Isle of
Wight Unitary Development Plan. |
|
5 |
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 buildings hereby permitted are 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. |
|
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 |
Development
shall not begin until details of the junction between the proposed service
road and the highway have been approved in writing by the Local Planning
Authority; and the building shall not be occupied until that junction has
been constructed in accordance with the approved details. 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. |
|
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 gates shall be erected other than those
expressly authorised by this permission/other than gates that are set back a
minimum distance of 8 metres from the edge of the carriageway of the
adjoining highway. Reason: In the interests of highway safety and to
comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary
Development Plan. |
|
9 |
No
building 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 by the Local Planning Authority in writing for
cars/bicycles to be parked and for vehicles to be loaded and unloaded 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. |
|
10 |
No
development approved by this permission shall be commenced until a scheme for
the provision and implementation of foul drainage works has been approved by
and implemented to the reasonable satisfaction of the Local Planning
Authority. Reason: To minimise the risk of pollution and to
comply with policy P1 (Pollution and Development) of the Isle of Wight
Unitary Development Plan. |
|
11 |
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 |
|
12 |
No
part of the development hereby permitted shall commence until there has been
submitted to and approved in writing by the Local Planning Authority: a) A desk top study documenting all
previous and existing land uses of the site and adjacent land in accordance
with national guidance as set out in Contaminated Land Research report no.
CLR11 "Model Procedures for the Management of Land Contamination"
and BS10175:2001; and,
unless otherwise agreed in writing by the Local Planning Authority, b) A site investigation report
documenting the ground conditions of the site and incorporating chemical and
gas analysis identified as appropriate by the desk top study in accordance
with BS10175:2001 - "Investigation of Potentially Contaminated Sites -
Code of Practice"; and,
unless otherwise agreed in writing by the Local Planning Authority, c) A remediation scheme to deal with any
contaminant including an implementation timetable, monitoring proposals and a
remediation verification methodology. The verification methodology shall
include a sampling and analysis programme to confirm the adequacy of decontamination
and appropriately qualified person shall oversee the implementation of all
remediation. The
construction of buildings shall not commence until the investigator has
provided a report, which shall include confirmation that all remediation
measures have been carried out fully in accordance with the scheme. The
report shall also include results of
the verification programme of post remediation sampling and monitoring in
order to demonstrate that required remediation has been fully met. Future monitoring
proposals and reporting shall also be detailed in the report. Reason:
To protect the environment and to 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. |
|
13 |
Before
the development commences, (a) a scheme specifying the provisions to be made
for the control of noise emanating from the premises shall be submitted to
and approved in writing by the Local Planning Authority and (b) all works
forming part of the approved scheme shall be completed in accordance with the
approved details. The works shall
thereafter be retained. Reason: To protect the amenities of neighbours and
to comply with policy P5 (Reducing the Impact of Noise) of the Isle of Wight
Unitary Development Plan. |
|
14 |
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. |
|
06 |
Reference
Number: P/02897/06 - TCP/16532/N Parish/Name: Ryde - Ward/Name: Ryde South West Registration
Date: Officer: Mr J Mackenzie Tel: (01983)
823552 Applicant: Evergreen Holdings Limited Outline for 2
terraces of 4 houses & block of 12 flats with parking land adjacent Clark
Masts, The application
is recommended for Conditional Permission |
Joint report with 02780/06
Conditions/Reasons:
|
1 |
Application
for approval of the reserved matters shall be made to the Local Planning
Authority before the expiration of 3 years from the date of this planning
permission. The development hereby permitted shall be begun before the
expiration of 2 years from the date of approval of 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 (as amended)
and to prevent the accumulation of unimplemented planning permissions. |
|
2 |
Before
any works or development hereby approved is commenced on site details
relating to the layout, scale, appearance, access and landscaping of the site
shall be submitted to, and approved by the Local Planning Authority. These
details shall comprise the ‘reserved matters’ and shall be submitted within
the time constraints referred to in condition 1 above before any development
is commenced. Reason: To
enable the Local Planning Authority to control the development in detail and
to comply with Section 92 of the Town and Country Planning Act 1990 (as
amended). |
|
3 |
Approval
of the details of the siting, design and external appearance of the
building(s), the means of access thereto and the landscaping of the site
(hereinafter called "the reserved matters") shall be obtained from
the Local Planning Authority in writing before any development is commenced. 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 Consideration for New Development) of the Isle of
Wight Unitary Development Plan. |
|
4 |
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. |
|
5 |
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
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. |
|
6 |
Development
shall not begin until details of the junction between the proposed service
road and the highway have been approved in writing by the Local Planning
Authority; and the building shall not be occupied until that junction has
been constructed in accordance with the approved details. 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. |
|
7 |
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. |
|
8 |
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 buildings hereby permitted are 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. |
|
9 |
No
part of the development hereby permitted shall commence until there has been
submitted to and approved in writing by the Local Planning Authority: a) A desk top study documenting all
previous and existing land uses of the site and adjacent land in accordance
with national guidance as set out in Contaminated Land Research report no.
CLR11 "Model Procedures for the Management of Land Contamination"
and BS10175:2001; and,
unless otherwise agreed in writing by the Local Planning Authority, b) A site investigation report
documenting the ground conditions of the site and incorporating chemical and
gas analysis identified as appropriate by the desk top study in accordance
with BS10175:2001 - "Investigation of Potentially Contaminated Sites -
Code of Practice"; and,
unless otherwise agreed in writing by the Local Planning Authority, c) A remediation scheme to deal with any
contaminant including an implementation timetable, monitoring proposals and a
remediation verification methodology. The verification methodology shall
include a sampling and analysis programme to confirm the adequacy of
decontamination and appropriately qualified person shall oversee the
implementation of all remediation. The
construction of buildings shall not commence until the investigator has
provided a report, which shall include confirmation that all remediation
measures have been carried out fully in accordance with the scheme. The
report shall also include results of
the verification programme of post remediation sampling and monitoring in
order to demonstrate that required remediation has been fully met. Future
monitoring proposals and reporting shall also be detailed in the report. Reason:
To protect the environment and to 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. |
|
10 |
The
development permitted by this planning permission shall not be initiated by
the undertaking of a material operation 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 lodged with the Local Planning Authority and the Local
Planning Authority has notified the person submitting the same that it is to
the Local Planning Authority's' approval. The said obligation will require
the replacement factory building proposed in planning application no.
P/02780/06 to be fully implemented and operational within an agreed
timetable; for the provision of affordable housing at a rate of 30% of the
total number of dwelling units authorised under this permission and for the
payment of contributions at the current rate to the Local Planning Authority
for the provision of educational facilities and the for the provision and/or
maintenance of open space within the area. Reason:
To ensure that the proposed development does not put undue pressure on
the existing education and open space facilities within the area and to
comply with policy U2 (Ensuring Adequate Educational, Social and Community
Facilities for the Future Population) of the Isle of Wight Unitary
Development Plan. |
|
07 |
Reference
Number: P/02836/06 - TCP/21093/A Parish/Name: Nettlestone & Seaview - Ward/Name:
Seaview & Nettlestone Registration
Date: Officer: Miss S Wilkinson Tel:
(01983) 823552 Applicant: Western Challenge Housing Association Ltd Demolition of
stable block; residential development of terrace of 3 houses, 3 pairs of
semi-detached houses & 1 detached house; refurbishment of existing play
area & alterations to vehicular access land between Oaklea &, 1
Eddington Road, Seaview, Isle Of Wight, PO34 The application
is recommended for Conditional Permission |
REASON FOR COMMITTEE CONSIDERATION
This is a major application of island-wide significance.
1. Details of Application
1.1 The proposed development
is for the demolition of a stable block and the construction of a terrace of
three houses, 3 pairs of semi-detached houses and one detached house and the
refurbishment of the existing play area. The total number of units is ten.
1.2 The
development is located outside the development envelope and therefore is
considered in relation to policies relating to rural exemption sites. The
proposal is for 100% affordable housing.
1.3 The proposal represents a
mix of unit types all of which would be of two bedrooms with the capability of
a loft conversion for expanding families.
1.4 The proposal sees a total
of 24 car parking spaces; 20 of these equating to two spaces per unit, although
seeming high is achieved by nose to tail parking and therefore does not make
this space available for vehicles not associated with the unit. Four visitors’
spaces have also been incorporated in order to provide both for any over-spill
and to replace spaces that are to be lost on the road as a result of the double
yellow lines proposed.
1.5 The proposed road to the
site does run through an area of designated open space. However, the area of
land lost by the road will be replaced with a piece of a similar size to the
north and the recreation ground will be upgraded and made safer with new
fencing and new ground surfacing cover.
2. Location and Site
Characteristics
2.1 The site is located along
the southern section (Nettlestone half) of
2.2 The front of the site is
currently a children’s play area and designated open space through which the
site would be accessed. The play area is not of a high quality although
provides a range of equipment.
2.3 The site is relatively
flat sloping slightly to the east with the sylvan character around the
boundaries which is to be retained.
3. Relevant History
3.1 None.
4. Development Plan
Policy
4.1 National Policy Guidance
The following strategic
policies within the Unitary Development Plan are applicable.
·
S6 – All development will be expected to be of a
high standard of design.
·
S7 – Provision of housing units on the
4.2
The following Unitary Development Plan Policies are
applicable:
·
G4 – General Locational Criteria
·
G5 – Development Outside Defined Settlements
·
D1 – Standards of Design
·
D2 – Standards of Development within the site
·
D3 – Landscaping
·
H9 – Residential Development outside Development
Boundaries
·
H14 – Locally Affordable Housing
·
H15 – Rural Exemptions
·
C8 – Nature Conservation and a Material
Consideration
·
C12 – Development Affecting Trees and
·
TR6 – Cycling and Walking
·
TR7 – Highway Considerations for New Development
·
TR16 – Parking Policies and Guidelines
·
U11 – Infrastructure and Services Provision
·
L4 – Protection of Open Space, Village Greens and
Allotments
·
L5 – Development within Parks and Gardens
·
L10 – Open Space and Housing Developments
5. Consultee and Third
Party Comments
5.1 Internal Consultees
·
Environmental Health have requested a condition be
attached to a planning application in regards to contaminated land.
·
Tree Officer has examined the report submitted and
are satisfied with its conclusions.
·
Ecology Officers have examined the application and
are satisfied that no badgers will be detrimentally affected by the
development.
5.2 External Consultees
·
Southern Water confirms that they can provide drainage
for the site.
·
The Environment Agency have raised no objection in
relation to the development
5.3 Others
·
Nettlestone and Seaview Parish Council support the
application.
·
The
·
Campaign for the Protection of Rural England object
to the range of fencing proposed as part of the development and highway issues.
·
A petition of 65 signatures have been received
objecting to the application due to the siting of the road and loss of parking
spaces to the front of houses.
·
Eighteen letters of objection have been received
from residents, the contents of which can be summarised as follows:
o
Impact of the development on the playground
o
Traffic safety
o
Traffic generation
o
Loss of trees
o
Impact on parked vehicles
o
Height and design of proposed housing
o
Possible future expansion of site
o
Visibility of access
o
Drainage
6. Evaluation
6.1 The main issues relating
to the application are:
·
Planning Policy
·
Impact of the development on the character of the
area.
·
Highways
6.2 Planning Policy
As
detailed above the site is located outside of the any development Envelope and
therefore the development is to be considered against rural exception policies.
The application has therefore been submitted with both a Housing Needs Strategy
for the Nettlestone and Seaview area and a justification for the
6.3 The Housing Needs
Strategy identifies that there is a Local Need for Affordable Housing due
primarily because of hidden households (those families/individuals currently
living together as a matter of need and not desire or practicality as they can
not afford to move out). The need should never be fully met as such the
proposal is for 10 units in an area of an identified need of 45. This
percentage is in line with the recommendations of the Housing Officer and the
Rural Housing Enabling Officer.
6.4 Once the need has been
identified it is then necessary to ensure that the location proposed is the
most practical site. The justification report outlines that the site was
identified as a suitable site for an exception scheme “due to its location in
context of the village envelope”. It is also currently not land of high
agricultural quality and is used solely as a paddock. “The site has a close
relationship to existing amenities such as schools and shops. It also sits on
the main bus route though the village centre and is readily accessible to local
public transport.”
6.5 When examining land
within and outside the development envelope there does not appear to be
anywhere more suitable to accommodate the development. The site is located
within an area with residential development on two sides and is abutting the
development envelope. It is therefore considered that the site complies with
policy.
6.6 The application will be
subject to a legal agreement, which will ensure that the accommodation provided
is retained as Affordable Housing for people within the Parish of which the
need has been identified for perpetuity.
6.7 The access to the site
does cross the current play area and an area of designated open space.
Therefore a parcel of land, which is similar in size, has been given over to
provide open space and the play area is to be refurbished. The Design and
Access Statement confirms that following consultation with local school and the
Parish Council it is considered that the play area is under utilised in its
current form and therefore the works proposed will open up grassed areas for ball
games and consolidate the play equipment and a new safety surface.
6.8 Impact of the development on the
character of the area:
The
proposal incorporates development of a vernacular style in a mix of terraces,
semis and detached units. The site layout is that of a mews style homezone in
order to incorporate features of nearby cul-de-sacs. The density of this site
relates to 37 units to the hectare which is considered to sit comfortably when
taking into consideration the density of development in the area and the amount
of land there it is not possible to develop on without loss of trees.
6.9 The development has been
accompanied with a tree report, which has been examined by the Council’s Tree
Officer, who has confirmed that he is satisfied that it is possible to develop
the site keeping the impact of the development on the trees to an acceptable
level, as long as the correct methods of development area used. Therefore a
condition has been placed on the application requiring the submission of a
detailed arboricultural method statement and protective fencing.
6.10 Objections have been
received indicating a high level of badger activity in the area of the site.
Following consultation with the Council’s Ecology Officer it was requested that
a Badger Study be produced. This was undertaken and concluded that although
badgers do cross the site but the sett would not be affected. As a result a
mitigation report would not be required but it is considered that a letter
should be sent out to the applicant, if the application were to be approved
highlight site safety at night, in the interests of badger welfare.
6.11 Highways:
The
application involves the creation of an access road through the existing play
area. This area currently fronts
6.12 The
application has been submitted with a Road Safety Audit. This raised issues of
cars parked on-road, which are within the required visibility splays of the
access. The Audit outlines the need for double yellow lines for a distance of
15 metres from the centre of the proposed access road to ensure visibility.
However, the Council’s Road Safety Team believe it would be necessary to remove
40 metres of on-road parking in order to provide satisfactory visibility. It is
proposed to place a condition of the application requiring a Traffic Order to
be approved prior to development taking place. The loss of on-road parking
spaces will be mitigated against with the additional parking that has been
provided on site and from the site visit it also appeared that a number of the
properties along this section of
7. Conclusion and Justification for
Recommendation
7.1 Having given due regard and appropriate weight to all materials considerations referred to in this report it is considered that on balance this is a suitable site to provide housing for an identified need.
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 a Road Traffic Order has been approved for
double yellow lines measuring 40 metres in both directions from the centre
line of the proposed access road. Reason: In
the interests of highway safety and to comply with Policy TR7 (Highway
Considerations for New Development) of the Isle of Wight Unitary Development
Plan. |
|
3 |
No
part of the development hereby permitted shall commence until there has been
submitted to and approved in writing by the Local Planning Authority: a) A desk-top study documenting all
previous and existing land uses of the site and adjacent land in accordance
with national guidance as set out in Contaminated Land Research Report Nos. 2
& 3 and BS10175: 2001; and, unless
otherwise agreed in writing by the Local Planning Authority, b) a site investigation report documenting
the ground conditions of the site and incorporating chemical and gas analysis
identified as appropriate by the desk-top study in accordance with BS10175:
2001 – “Investigation of Potentially Contaminated Sites – Code of Practice”; and, unless
otherwise agreed in writing by the Local Planning Authority, c) a remediation scheme to deal with any
contaminant including an implementation timetable, monitoring proposals and a
remediation verification methodology. The verification methodology shall
include a sampling and analysis programme to confirm the adequacy of
decontamination and an appropriately qualified person shall oversee the
implementation of all remediation. The
construction of buildings shall not commence until the investigator has
provided a report, which shall include confirmation that all remediation
measures have been carried out fully in accordance with the scheme. The
report shall also include results of the verification programme of
post-remediation sampling and monitoring in order to demonstrate that the
required remediation has been fully met. Future monitoring proposals and
reporting shall also be detailed in the report. 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. |
|
4 |
Prior
to work commencing on site a detailed Arboricultural Method Statement shall
be submitted to and approved by the Local Planning Authority, including
details of working methods, proposed materials and any necessary tree works.
No works shall be undertaken to the trees other than that outlined and approved
within the method statement. Reason: To
ensure that trees within the site are not adversely affected by the
development and to comply with policy C12 (Development Affecting Trees and |
|
5 |
No
development including site clearance shall commence on the site until all
trees, not previously agreed with the Local Planning Authority for removal,
shall has been protected by fencing or other agreed barrier, Any fencing
shall conform to the following specification: Barrier
shall consist of a scaffold framework as shown in figure 2 of BS 5837 (2005).
Comprising of vertical and horizontal framework braced to resist impact, with
vertical tubes spaced at a maximum of 3 m intervals. Onto this weldmesh
panels are to be securely fixed. Such fencing or barrier shall be maintained
throughout the course of the works on the site, during which period the
following restrictions shall apply: (a) No placement or storage of material; (b) No placement or storage of fuels or
chemicals. (c) No placement or storage of excavated
soil. (d) No lighting of bonfires. (e) No physical damage to bark or
branches. (f) No changes to natural ground drainage
in the area. (g) No changes in ground levels. (h) No digging of trenches for services,
drains or sewers. (i) Any trenches required in close
proximity shall be hand dug ensuring all major roots are left undamaged. Reason: To
ensure that all general trees and shrubs and other natural features to be
retained are adequately protected from damage to health and stability
throughout the construction period in the interests of the amenity and to
ensure the wooded southern boundary is retained as an important landscape
feature which provides a valuable wildlife corridor, all in compliance with
policies D3 (Landscaping) and C12 (Development Affecting Trees and Woodland)
of the Isle of Wight Unitary Development Plan. |
|
6 |
In
this condition “retained tree” means an existing tree which is to be retained
in accordance with the approved plans and particulars; and paragraphs (a) and
(b) below shall have effect until the expiration of (1 year) from (the date
of the occupation of the building for its permitted use). (a) No retained tree shall be cut down,
uprooted or destroyed, nor shall any retained tree be topped or lopped other
than in accordance with the approved plans and particulars, without the
written approval of the Local Planning Authority. Any topping or lopping
approved shall be carried out in accordance with British Standard 3998 (Tree
Work); (b) lf any retained tree is removed,
uprooted or destroyed or dies, a replacement tree shall be planted in the
same place, or place to be agreed and that tree 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. Reason: To
ensure the protection of the trees to be retained in the interests of the
amenities of the area and in compliance with policy D3 (Landscaping) of the
Isle of Wight Unitary Development Plan. |
|
7 |
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
planning obligations 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 notified the person submitting the same that it is to
the Local Planning Authority’s approval. The said Planning Obligation will
restrict the occupancy of the units to those that are to be considered as
having a local connection and retain the units as Affordable Housing for
perpetuity. Reason: In
order to ensure that locally affordable housing remains available and to
comply with policy H15 (Rural exceptions) of the Isle of Wight Unitary
Development Plan. |
|
8 |
The
units on the site shall remain under the management of a Registered Social
Landlord in perpetuity Reason: In
order to ensure that locally affordable housing remains available and to
comply with policy H15 (Rural exceptions) of the Isle of Wight Unitary
Development Plan. |
|
9 |
No
development shall take place until samples of materials 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. |
|
10 |
All
construction traffic related to the approved development shall deliver, load
and unload on a route, in a location and at times to be agreed in writing with
the Local Planning Authority. Reason: In the interests of highway safety and to
comply with policies TR7 (Highway Considerations) of the Isle of Wight
Unitary Development Plan. |
|
11 |
No
construction traffic related to the approved development will enter the
public highway unless their wheels and chassis have been washed to prevent
materials being deposited on the highway. 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) of the Isle of Wight Unitary Development Plan. |
|
12 |
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. |
|
13 |
No
building shall be occupied until the means of access thereto for pedestrians
and cyclists has been constructed in accordance with the plans to be
submitted and approved by the Local Planning Authority. 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. |
|
14 |
No
dwellings hereby permitted shall be occupied until space has been laid out
within the site and drained and surfaced for 24 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. |
|
08 |
Reference
Number: P/00307/07 - TCP/13289/F Parish/Name: Registration
Date: Officer: Mr A White Tel: (01983)
823552 Applicant: Mr
& Mrs N Payne Demolition of
existing dwelling and garage; construction of two detached dwellings with
parking and turning; creation of 2m wide footpath across site frontage;
alterations to vehicular access 74 Baring Road, Cowes, Isle Of Wight, PO318DW The application
is recommended for Conditional Permission |
REASON FOR COMMITTEE CONSIDERATION
This report has been requested by the Local Member, Councillor Effemey, on the basis of local opposition, impact on neighbouring property occupiers and impact in the street scene.
1. Details of Application
1.1 Full consent is sought to
demolish an existing detached bungalow and replace with two detached houses.
1.2 The
proposed houses are shown to be individually designed, but at the same time
complimentary of one another through specific design elements and similar
materials. They are principally two storey in height and form but with
accommodation in the roofspace served by partially glazed front and rear facing
gables, with the eastern most dwelling also containing a gable feature in its
west facing roof plane. The proposed dwelling to the east of the site would
have an integral single garage whereas the dwelling to the west would have an
attached single garage on the west elevation under a cat-slide roof.
Accordingly, the main bulk of that dwelling would be approximately four metres
from the respective common boundary with
1.3 The proposed dwelling to
the east of the site would offer four bedrooms, two of which would be contained
within the roofspace served by front and rear facing gable windows as well as
velux rooflights. This dwelling is shown to be constructed of forticrete stone
and cement fibre boarding with a large amount of glazing to its front
elevation. The proposed dwelling to the west side of the site is shown as
having three bedrooms, with the lounge, study and en-suite within the
roofspace. The lounge is shown to be situated towards the front of the property
and would be served by an inset balcony and large amount of glazing within the
front gable, whilst the study would be served by a conventional window in the
rear facing gable. Accommodation within the roofspace would be further served
by a total number of seven velux windows as well as a south west facing dormer
window to serve the stairwell. This dormer window is shown as being fitted with
obscure glass. This dwelling would be constructed of buff brick, cement fibre
boarding and white finished render with a large amount of glazing to the front
elevation. Plans also indicate a “Juliete” balcony at first floor level to the
rear elevation and this would serve the master bedroom.
1.4 Both dwellings would be
served by a single access point situated centrally to the application site but
set two metres back from the edge of the carriageway so that a new stretch of
pavement can be provided. This will entail repositioning the existing natural
stone boundary wall.
1.5 The following has been
extracted from the concluding section of the Design and Access Statement:
“This application
reflects concern regarding height and mass of the previous proposal by reducing
ground floor levels, amending Plot A to provide a transition in the streetscene
from
New development should
always respond to the character of the whole area, and this area is
characterised by buildings of varying height and mass. In response, the designs
are varied to assist with the assimilation of new buildings with their
surroundings. In view of this the above proposal is considered to be in
accordance with relevant policies contained within the
2. Location and Site
Characteristics
2.1 This is a rectangular
shaped site situated on the south-east side of
2.2 Baring Road follows a
long curvature from
3. Relevant History
3.1 The following
applications are relevant to the consideration of this application;
|
P/00032/02 |
Extension at
first floor level to form lounge with balcony on north elevation |
Approved subject
to conditions |
|
P/00470/02 |
Conversion of
roofspace to provide additional living accommodation; first floor balcony and
balustrading on north elevation |
Approved subject
to conditions |
|
P/00409/06 |
Demolition of
dwelling; outline for two dwellings; parking and alterations to vehicular
access (revised scheme) |
Approved subject
to conditions |
|
P/02085/06 |
Demolition of
dwelling and garage; proposed two detached houses with garages; alterations
to vehicular access (aorm) |
Application is
currently the subject of an appeal to the Planning Inspectorate on grounds of
non-determination. |
|
P/03072/06 |
Demolition of
dwelling; outline for two dwellings; parking and alterations to vehicular
access; new public footpath (revised scheme) |
Approved subject
to conditions |
4. Development Plan
Policy
4.1 National Policy Guidance
·
PPS1 (Delivering Sustainable Development)
emphasises the need for good design to ensure attractive, usable, durable and
adaptable places, contributing positively to making places better for people.
Good design should:
· Be
integrated into the existing urban form and natural built environment.
· Optimise
the potential of 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.
It is
stressed that Local Planning Authorities should not attempt to impose
architectural styles or particular tastes and should not stifle innovation,
originality or initiative through unsubstantiated requirements to conform to
certain developments or forms or styles.
·
PPS3 (Housing) supports the efficient use of land
within development envelopes, particularly brownfield sites.
4.2 Strategic Policies
The following strategic policies of
the Unitary Development Plan apply:
·
S1 – Siting of New Development
·
S2 – Development will be Encouraged on Brownfield
Sites
·
S6 – Design
·
S7 – Need to Provide for the Development of at
Least 8,000 units
4.3 Local Planning Policies
Site is within
the development envelope boundary as identified on the
·
G1 – Development Envelopes for Towns and Villages
·
G4 – General Locational Criteria for Development
·
G7 – Unstable Land
·
D1 – Standards of Design
·
D2 – Standards for Development Within the Site
·
H4 – Unallocated Residential Development
·
H5 – Infill Development
·
C12 – Development Affecting Trees and
·
TR7 – Highway Considerations for New Development
·
TR16 – Parking Policies and Guidelines
·
U11 – Infrastructure and Services Provision.
4.4 Site is within Parking
Zone 3 which requires parking provision no greater than 0 – 75% of parking
guideline.
5. Consultee and Third
Party Comments
5.1 Internal Consultees
·
Tree Officer states that the impact to the
overhanging Pine tree would be no greater than the consented outline scheme. In
fact, given that the design for the drive has changed and been positioned
further from the Pine tree it is possible to say the impact may be reduced.
· Building Control Manager confirms that the submitted engineers report together with the results of bore hole investigations are sufficient to show that the development will not adversely affect ground instability, and that the building can be designed to ensure that it will not be affected by ground movement.
5.2 Others/Neighbours
Isle of Wight Society object on grounds that a single access point is unsatisfactory to serve two dwellings and therefore suggest that a separate entrance is provided for each of the houses.
Five
objection letters received either from or on behalf of the immediate neighbours
at
·
Proposal is not significantly different to the
earlier scheme which is presently subject of an appeal on grounds of
non-determination.
·
Size and position of houses would be intrusive
having an adverse affect on the outlook currently enjoyed by neighbours.
·
Excessive height would be overbearing.
·
Dramatic change in scale between existing and
proposed would impact upon the established character of
·
Overshadowing, loss of light and generally
unneighbourly.
·
Overlooking particularly from first and second
floor windows serving western most dwelling.
·
Should be kept in the same position as the existing
bungalow.
·
Collection of rain water down slope may cause
instability.
6. Evaluation
6.1 The
principle of redeveloping this site with two dwellings has been accepted by
virtue of two outline consents. Members are also advised that a reserved
matters application subsequent to the first outline consent is currently the
subject of an appeal to the Planning Inspectorate on grounds of
non-determination. Although negotiations had commenced in respect of the
reserved matters application in an attempt to overcome identified concerns
regarding overall size and form, the applicant decided to take this matter to
appeal on the basis that the Council had failed to determine the application
within the prescribed time period. Had the Council determined the application
in its originally submitted form, then it would have been refused under
delegated powers, for the following reason:
“The proposal by reason of its location, overall size and form would be
an intrusive development, out of scale and character with the prevailing
pattern and appearance of development in the locality through over dominance in
the streetscene. Accordingly, proposal is contrary to policies S6, G4 (General
Locational Criteria for Development), D1 (Standards of Design), D2 (Standards
for Development within the Site) and H5 (Infill Development) of the IW Unitary
Development Plan.”
6.2 Whilst
the said appeal is running its course, the appellant has submitted a full
application in an attempt to address the reason stated above. It is this
application which is before Members for determination. In this context, the
determining the factor is whether the proposal has satisfactorily overcome the
intended reason for refusing the appealed scheme. The differences between the
appealed scheme and the proposed development are twofold:
1. Floor
level has been reduced by 450mm in respect of both proposed dwellings.
2. The
dwelling to the east of the site has been effectively re-designed. Ridge height
has been reduced by 300mm which, together with above mentioned dig into the
site, has reduced overall height by 760mm. The main ridge line is now set at a
right angle to the alignment of the highway, whereby the roof now slopes down
towards the common boundary with No. 70 rather than having a more dominant
gable end.
6.3 The main issue for
consideration is whether the proposed dwellings would sit comfortably into the
established streetscene, and in particular whether the concerns expressed in
respect of the reserved matters application have been satisfactorily addressed
through this revised proposal. Whilst
6.4 The success, or
otherwise, of the proposed development within the streetscene depends on
whether there is an almost seamless transition between the scale and form of
adjoining dwellings and those that are proposed. Certainly the appealed scheme
would have resulted in a significant height change between properties,
particularly in respect of the eastern most proposed dwelling and No. 70. The
overall reduction in height, as a result of lowering floor level and
redesigning the eastern most unit, would allow for the proposed dwellings to
appear relatively well anchored into the site rather than appearing too elevated
above highway level.
6.5 In addition to the
reduction in height, the roof of the eastern most dwelling is now shown to
slope away from the common boundary rather than being gabled. This allows for
greater space between buildings and also allows for the proposed dwelling in
this position to appear more comfortable alongside No. 70 regardless of whether
the approved extension is implemented or not. The proposed dwelling to the west
of the site is shown to have a cat-slide roof sloping down to the common
boundary with a bungalow at No. 76. The main bulk of that proposed dwelling
would be approximately 4 metres from the common boundary and some 8 metres from
the main flank wall to No. 76. Having regard to what is regarded as a
substantial gap coupled with the sloping nature of the roof, it is felt that
the proposed dwelling would have an acceptable relationship with No. 76 in so
far as the streetscene is concerned.
6.6 Taking all of the above
points into consideration, it is considered that the changes made in respect of
height and form are sufficient to overcome the concerns expressed in respect of
the appealed scheme to the point where proposal would be sympathetic to its
surroundings in respect of scale. Essentially, the generous gaps between buildings
coupled with the nature of the design would, in Officers opinion, allow for a
successful transition between neighbouring and proposed buildings, whilst also
taking due account of No. 70 if extended. Accordingly, proposal is consistent
with policies G4, D1 and D2 in this respect.
6.7 Regarding design and
external appearance, proposal is considered to be acceptable bearing mind the
variety of properties along both sides of
6.8 Regarding impact on
neighbouring property occupiers, given the level of separation between the
proposed dwellings and neighbouring properties at No. 70 and No. 76, it is
considered that proposal would not appear overbearing or result in the
unacceptable loss of natural light or sunlight. It is also worthy of note that
neither neighbouring property has principal windows serving habitable rooms on
either flank elevation facing into the application site.
6.9 Neighbouring property
occupiers, particularly the owners of No. 76, are concerned that proposal would
result in excessive overlooking particularly from first and second floor rear
facing windows as well as a “Juliete” balcony at first floor level. Members are
advised that the openings in question are rear facing with the nearest first
floor window serving an en-suite bathroom set some 5 metres off the common
boundary. Given the orientation of the windows together with the distances
involved, it is considered that any overlooking would be restricted to oblique
views across the bottom section of neighbouring gardens which is little
different to the established pattern of development along Baring Road.
Accordingly, whilst appreciating that proposal would appear vastly different to
neighbouring property occupiers compared to the existing bungalow, it is not
thought that any overlooking would be of such significance as to justify withholding
consent.
6.10 Regarding highway
implications, means of access was considered under both outline applications
and was deemed to be acceptable subject to the imposition of conditions. On the
basis that the proposed access arrangement is identical to that previously
accepted, then the scheme before Members is considered acceptable and compliant
with Policy TR7. Members are advised that proposal includes a new pavement
across the entire frontage of the application site, the benefits of which are
twofold. Firstly, this would allow for acceptable visibility splays from the
proposed access point compared with the existing access which falls well short
of the required standard. Secondly, the proposed pavement would provide a
refuge point for pedestrians and persons who are entering or leaving the
application site. The provision of the pavement is to be secured through a
planning condition should Members be minded to grant consent, and the
reconstruction of the existing stone wall is to be secured through a similar
mechanism.
6.11 Council’s Tree Officer
maintains his earlier view that the proposal would have little impact on the
health or stability of the protected Pine tree overhanging the application site
from No. 70. Accordingly, proposal is
consistent with Policy C12 of the Unitary Development Plan in this respect.
6.12 The ground stability
implications of the proposed development have been examined under both outline
applications and also in the context of the two houses proposed under this
detailed application. The Council’s Building Control Manager has confirmed that
the engineer’s report submitted with the application together with the results
of bore hole investigations are sufficient to show that the development would
not adversely affect ground instability in itself, and that the proposed
dwellings would not themselves be affected by ground movement. Accordingly,
proposal complies with Policy G7 in this respect.
6.13 In terms of drainage, the
application is accompanied by a report which concludes that all foul sewage
generated by this development can be accommodated within the combined system on
the basis that existing surface water flows are removed and that proposed roof
water is disposed of by other means, or alternatively discharged into the combined
system at a controlled rate through some form of attenuation mechanism. The
applicant has also indicated that he intends to incorporate a grey water
recycling system into the build, which not only reduces the rate at which roof
water enters the combined system but also offers a sustainable method of
reusing rainwater. Officers are satisfied that sufficient information has been
submitted at this stage to demonstrate that the site can be adequately drained,
although a condition is suggested to ensure that the grey water recycling
system is incorporated into the scheme and to ensure that any infiltration into
the ground does not exacerbate any localised instability problems. Accordingly,
proposal is consistent with Policy U11 in this respect.
7. Conclusion and Justification for
Recommendation
7.1 Having given due regard and appropriate weight to all material considerations outlined in this report, Officers are satisfied that the current application has satisfactorily addressed concerns expressed in respect of the reserved matters application. Accordingly, it is felt that the proposal would appear acceptable in this highly varied streetscene whilst not being detrimental to the amenities or privacy currently enjoyed by neighbouring property occupiers. It is felt that the site can be adequately accessed without adding to the hazards of other highway users, whilst the siting of the proposed houses would not undermine the health or stability of the nearby protected tree. Proposal is also considered to be acceptable in respect of ground stability and drainage implications. Accordingly, Officers are satisfied that the proposal is consistent with national and local planning policies/guidance and therefore recommend that conditional permission be granted.
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 |
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 dwellings hereby permitted are 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
development shall not be occupied until sight lines have been provided in
accordance with the visibility splay shown on the approved plan, drawing
number 101-06.3 Rev.1.19. Nothing that
may cause an obstruction to visibility shall at any time be placed or be
permitted to remain within that visibility splay. 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
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
2 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. |
|
6 |
The
dwellings hereby approved shall not be occupied until details of the design
and construction of a kerbed 1.8 m footway across the full width roadside
boundary of the application site has been submitted to and approved in
writing by the Local Planning Authority.
Development Shall be carried out in accordance with the approved
details prior to occupation of either of the dwellings. Reason: In the interest of highway safety and to
comply with policy TR7 (Highways Considerations for New Development) of the
Isle of Wight Unitary Development Plan. |
|
7 |
No
development including site clearance shall commence on the site until the
overhanging Pine trees, not previously agreed with the Local Planning Authority
for removal, has been protected by fencing or other agreed barrier. Any
fencing shall conform to the following specification: Barrier
shall consist of a scaffold framework as shown in figure 2 of BS 5837 (2005).
Comprising of vertical and horizontal framework braced to resist impact, with
vertical tubes spaced at a maximum of 3 m intervals. Onto this weldmesh
panels are to be securely fixed. Such fencing or barrier shall be
maintained throughout the course of the works on the site, during which
period the following restrictions shall apply: (a) No placement or storage of material; (b) No placement or storage of fuels or
chemicals. (c) No placement or storage of excavated
soil. (d) No lighting of bonfires. (e) No physical damage to bark or
branches. (f) No changes to natural ground drainage
in the area. (g) No changes in ground levels. (h) No digging of trenches for services,
drains or sewers. (i) Any trenches required in close
proximity shall be hand dug ensuring all major roots are left undamaged. Reason: To ensure
that all general trees and shrubs and other natural features to be retained
are adequately protected from damage to health and stability throughout the
construction period in the interests of the amenity, all in compliance with
policies D3 (Landscaping) and C12 (Development Affecting Trees and Woodland)
of the Isle of Wight Unitary Development Plan. |
|
8 |
In
this condition “retained tree” means an existing tree which is to be retained
in accordance with the approved plans and particulars; and paragraphs (a) and
(b) below shall have effect until the expiration of 1 year from the date of
the occupation of the building for its permitted use. (a) No retained tree shall be cut down,
uprooted or destroyed, nor shall any retained tree be topped or lopped other
than in accordance with the approved plans and particulars, without the
written approval of the Local Planning Authority. Any topping or lopping approved shall be
carried out in accordance with British Standard 3998 (Tree Work); (b) If any retained tree is removed,
uprooted or destroyed or dies, a replacement tree shall be planted in the
same place, or place to be agreed and that tree 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. Reason:
To ensure the protection of the trees to be retained in the interests
of the amenities of the area and in compliance with policy D3 (Landscaping)
of the Isle of Wight Unitary Development Plan. |
|
9 |
Development
shall not commence until an Arboricultural Method Statement has been
submitted to and agreed in writing by the Local Planning Authority detailing
any tree work to be carried out and a timetable of work to ensure as little
stress to the tree as possible. The statement shall also include a
cross-sectional plan of the driveway/parking and turning area and details of
existing and proposed land levels, souweb construction (where deemed
necessary) and permeable surfacing materials. The statement and associated
details shall be implemented in accordance with the approved specification
before occupation of the dwellings and shall be maintained and retained at
all times thereafter. Reason:
To ensure that the preserved tree to be retained is adequately
protected throughout the construction period in the interests of the
amenities of the area and to comply with policy D3 (Landscaping) and policy
C12 (Development Affecting Trees and |
|
10 |
A new
wall shall be formed across the frontage of the site on the alignment
identified on plan, drawing number 101-06.3 rev 1.19, before the dwellings
hereby approved are first occupied. The wall shall be constructed of stone
salvaged from the existing front boundary wall which is to be removed to
provide the necessary visibility splays and footpath as required by
conditions 4 and 6 of this consent unless otherwise agreed in writing by the
Local Planning Authority. Reason: In
the interest of highway safety and in the interest of maintaining the amenity
value of the area and to comply with policy TR7 (Highway Considerations for
New Development) and D1 (Standards of Design) of the Isle of Wight Unitary
Development Plan. |
|
11 |
All materials
excavated as a result of general ground works, including site leveling,
installation of services or the digging of foundations together with debris
following the demolition of the existing bungalow, shall not be disposed of
within the area identified in red on the submitted plans. The materials shall
be removed from the site prior to the construction of the dwellings
proceeding beyond damp proof course level or such other timescale as may be
agreed in writing with the Local Planning Authority. 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. |
|
12 |
No
development shall take place until a detailed scheme including calculations
has been submitted to and agreed in writing by 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 connections at
points on the system where adequate capacity exists or shall provide for
attenuation measures to ensure that any additional flows do not cause
flooding or overload to the existing system. Any drainage system involving a
pump, rising main, attenuation tank or similar installation should include
details and calculations of capacity and future maintenance of those drainage
systems. None of the dwellings hereby permitted shall be occupied until the
agreed drainage system has been provided, and any such scheme shall be
retained and maintained thereafter. 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. |
|
13 |
Before
any development commences on site, a scheme for the capture and storage of
rainwater together with details of its proposed use as part of a grey water
recycling system shall be submitted to and agreed in writing by the Local
Planning Authority. The approved scheme shall then be installed into the
dwellings hereby approved before they are first occupied and shall be
retained and maintained thereafter. Reason:
To reduce the demands and pressures of the local combined sewer system
and to comply with policy U11 (Infrastructure and Services Provision) of the
Isle of Wight Unitary Development Plan. |
|
14 |
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
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. |
|
15 |
Soft
landscape works shall include [planting plans; written specifications
(including cultivation and other operations associated with plant and grass
establishment); schedules of plants, noting species, plant sizes and proposed
numbers/densities; an implementation programme]. 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. |
|
16 |
All
hard and soft landscape works shall be carried out in accordance with the
approved details. The works shall be
carried out prior to the occupation of any part of the development or in
accordance with the programme agreed with the Local Planning Authority. Reason: In the interests of the amenities and character
of the area and to comply with policy D3 (Landscaping) of the Isle of Wight
Unitary Development Plan. |
|
17 |
The
dormer window in the south-west elevation of House B 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 thereafter as well as being fixed shut at all
times unless otherwise agreed in writing by the Local Planning Authority. Reason:
In the interests and privacy of neighbouring property occupiers and to
comply with policy D1 (Standards of Design) of the Isle of Wight Unitary
Development Plan. |
|
18 |
The
bottom of the velux windows in the north-east facing roof plane of House A
and south-west facing roof plane of House B shall at all times be a minimum
of 1.8m above respective floor level. Reason:
In the interests 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. |
|
19 |
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/velux roof lights
(other than those expressly authorised by this permission) shall be
constructed at or above first floor level in the north-east elevation of
House A or the south-west elevation of House B unless otherwise agreed in
writing by the Local Planning Authority. Reason: In
the interests 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 |
Reference
Number: P/00409/07 - TCP/22290/G Parish/Name: Wootton - Ward/Name: Wootton Registration
Date: 14/02/2007 -
Full Planning Permission Officer: Mr C Hougham Tel: (01983)
823552 Applicant: Tesco Stores Limited Proposed retail
(A1) store; alterations to vehicular access; construction of new access;
parking and landscaping (revised scheme) land at junction
of, High Street and, |
This application
is recommended for Conditional Permission subject to the applicants entering
into legal agreement(s) with the Council in connection with off site and on
site highway works.
REASON FOR COMMITTEE CONSIDERATION
An earlier virtually identical submission proved to be a contentious issue for local residents and at a meeting of this Committee held on 24 January 2006 a decision was taken to refuse permission, contrary to the officer recommendation. This decision is the subject of an appeal and there will be a local Inquiry commencing on 28 March 2007. As part of the appeal process there have been ongoing discussions with various interested parties including the applicants’ agents and this has resulted in a resubmission which, for obvious reasons, ideally needs to be determined by elected Members.
1. Details of Application
1.1 This is a full
application for a purpose designed, low profile retail unit to be positioned in
the north eastern corner of the site adjacent to a through access road serving
the neighbouring commercial premises.
1.2 Submitted
details illustrate that the proposed access to the site will be via the
existing access onto Wootton High Street (A3054) serving a parking area which
includes cycle racks provision for the disabled and a loading bay, leading
through to a new exit point onto
1.3 In a covering letter
submitted with the application the applicants’ agent explains:
…proposed development, to be operated as a Tesco Express store is to replace the existing store on the adjacent site. The proposed store extends to 372 sqm gross (compared with 270 sqm), and will have a sales area of 279 sqm (compared with 194 sqm). The design of the proposed building also allows a more efficient arrangement of the floorspace. It is proposed that the replacement store will continue to provide a primarily convenience goods offer, in line with the express store model nationwide. The level of parking provision will increase from 14 spaces to 22 (to include two disabled spaces) to accommodate existing peak demand. Additionally, an on-site loading bay and cycle parking for ten cycles will be provided.
When compared to the July 2005 scheme (reference:
P/01429/05) the only changes relate to the design of the Tesco Express Store.
The design of the Tesco Express has been updated to reflect the current design
of the Tesco Express buildings. The layout, parking, access/egress and sales
area of the store do not differ.
1.4 Other than the various
detailed drawings (see below) and the aforementioned covering letter the
application is supported by two key documents:
·
Planning Statement. Sets out a description of the
application site and surrounding land uses, analyses the planning history of
the site, considers the existing Tesco Express operation, describes the proposal,
sets out the policy framework and considers planning considerations.
·
Design and Access Statement. Explains the design
thinking behind the proposal. In particular the report assesses the site
context, use of floorspace, layout, scale, design, landscape and access.
Conclusions
from these two documents may be referred to in the latter part of this report.
1.5 As part of the conclusion
to the covering letter with the application the applicants’ agent has made a
summary of the operation of the existing store since 2003.
·
The forecourt car park is not able to easily
accommodate the high level of pass-by trade.
·
Deliveries to and servicing the store from the
front further increases forecourt congestion.
·
Storage and non-sales space cannot readily accommodate
seasonable peaks in trading.
·
The convenience goods offer is limited by the sales
floorspace level.
and some of the benefits, in his view, of the
replacement store, in summary, include:
·
An appropriate car parking arrangement, including
disabled parking provision.
·
A clear one-way route through the car park.
·
Rear deliveries and servicing via a dedicated
on-site loading bay.
·
Additional outdoor servicing space for cage
marshalling and waste management.
·
Accommodation for greater stock levels and a wider
range of convenience goods.
In his
concluding remarks he says:
…proposed
development provides an opportunity to bring forward the redevelopment of a
vacant brownfield site on a main cross-Island route. The proposed store will
address the deficiencies and issues associated with the existing operation and
provide a local shopping facility within a local centre.
…proposed
development accords with national and UDP planning policy and there are no
material planning considerations which justify the refusal of planning
permission. We therefore respectfully contend that planning permission should
be granted.
2. Location and Site
Characteristics
2.1 This is a rectangularly
shaped site situated on the corner at the junction of Wootton High Street
(A3054) with
2.2 The land is currently
vacant but was last used for open car sales.
2.3 In terms of character,
the site forms part of a fragmented commercial/retail area on this side of
Wootton High Street and, further to the east on the southern side of the High
Street. Immediately adjacent to the site is the existing Tesco Express which
forms part of the Minghella Centre, while
2.4 On the western side of
2.5 Members will be familiar
with this site because of its location on the main traffic route between
3. Relevant History
3.1 In December 1989 detailed
planning permission was granted for the construction of two office blocks with
associated parking on land then described as Wootton Filling Station. Members
familiar with the area will know that one of the blocks was constructed and is
now used as a private dental practice. The other block, on the site of the
current application, was not built but because the approval was partly
implemented the consent remains extant (i.e. valid).
3.2 In November 2001 an
application to develop the site with twelve flats was refused permission for
reasons that can be summarised in the following terms:
·
Effect on the character and appearance of the area.
·
Impact on neighbouring residents’ living conditions
(especially visual intrusion/loss of privacy).
·
Highway safety.
This
decision was the subject of an appeal which was dismissed in July 2002. It is
important to note that the Inspector dismissed the appeal on grounds that a
three storey building in such a prominent location would be likely to be
overdominant in the street scene and “have little in common with its immediate
host environment”. He did not support the case put forward by the Council in
respect of the effect on neighbouring properties or highway safety.
3.3 An application submitted
in June 2003 to develop the site with two storey buildings providing a total of
ten self-contained flats with associated car parking and landscaping was not
determined primarily because of a dispute over the payment of the relevant fee
and in accordance with Article 25 of the GDPO 1995 the application was finally
disposed of in Marsh 2004.
3.4 An application to develop
this site with a retail (A1) store, virtually identical to the latest
submission, was initially considered by this Committee at the meeting held on
29 November 2005. At that time the application was recommended for conditional
permission subject to the applicants’ entering into a Section 106 and 278
agreements with the Council for various “off site” and “on site”
highway/traffic improvements in conjunction with a comprehensive condition
schedule. However, Members decided to defer consideration to allow Officers the
opportunity to undertake further discussions/negotiations in respect of the
access arrangements to and from the site primarily focusing on the proposed
egress (or exit) onto
3.5 Further report was
submitted to this Committee at the meeting held on 24 January 2006. This report
comprised a background summary, further third party representations, details of
a meeting between Officers and the applicants’ agent, a detailed response from
the agent and the latest observations of the Area Highway Engineer. Report
identified six key points to assist Members with the determination of the
application:
·
There is no objection in principle to the
development of the site for retail purposes.
·
Traffic/parking/servicing arrangements in respect
of the existing store on the neighbouring site are most unsatisfactory.
·
Discussions and negotiations prior to the
submission of the application, prior to the consideration by this Committee on
29 November (2005) and since that meeting have consistently concluded that the
best solution in terms of access/parking/servicing in connection with the
proposed development involves an egress onto Rectory Drive.
·
Further evidence provided in recent weeks following
survey works done by applicants’ agents confirm the above arrangement as the
best solution and also casts considerable doubt over the arguments put forward
by those concerned about the proposed development.
·
While those owners/occupiers of the four
residential properties in Rectory Drive closest to the proposed egress point
will suffer some modest reduction in the level of amenity that they currently
enjoy because of the increased vehicular traffic traveling in a southern
direction from the exit point at the junction with Wootton High Street this
does not amount to sustainable evidence that would support a decision to
withhold permission.
·
Members should give due regard to the various “on
site” and “off site” traffic improvements to be provided at the applicants’
expense in connection with the development of this site which has been further
strengthened by recent negotiations and included in the submitted scheme, the
legal agreement and the proposed conditions of approval.
Members
were recommended to grant conditional permission, subject to legal
agreement(s), but decided to refuse permission on the following grounds:
Proposed development, by virtue of its size, position and opening hours,
would have an unacceptable impact on the amenities of residential properties to
the immediate west of the site in
The proposed access and vehicular circulation arrangements within
the car park conflict with the character of the locality and fail to provide
for safe and convenient access and circulation for the public. As such the
proposal would be contrary to the provisions of policies D1 (d) (Standards of
Design) and TR7 (Highway Considerations for New Development) of the
3.6 In the period of time between the decision to refuse permission (3.5) and
this resubmission there are several specific events which have been brought to
the attention of the Cabinet Member for Assets, Planning and Housing, the
Chairman of the Development Control Sub Committee and the local Ward Member,
but now need to be made known to all members of this Committee as background
information to the determination of this latest application.
·
Applicants’ agent lodged
an appeal and asked for it to be heard at a local Inquiry.
·
Council submit
pre-enquiry statement.
·
Appellants’ agents
responded to Planning Inspectorate claiming that, in their view, our statement
of case was not adequate for the purposes of the Town and Country Planning
(Inquiries Procedure) (England) Rules 2000. Their opinion was that the
Councils’ case did not provide full particulars of the evidence that would be
presented at the local inquiry and, as such, their clients were materially
disadvantaged in the preparation of its own evidence. Their submissions alerted
the Planning Inspectorate (and the Council) to the advice contained in Circular
8/93 about unreasonable behaviour by Local Planning Authorities, strongly
inferring that there was likely to be an application for an award of costs
against the Authority.
·
In the circumstances it
was considered essential to seek advice from counsel.
·
Nature of Counsels’
advice is known to certain Members but one of the outcomes was that, in his
view, the officers involved with the application should not present evidence at
the Inquiry and that this should be handled by an other professional officer(s)
or outside sources.
·
Following distribution of
a briefing note, there were no expressions of interest from external (highway)
consultants in terms of offering evidence to support the Councils’ case at the
Inquiry.
·
Consequently it was
agreed by Committee that evidence should be provided by Members (Councillors
Abraham and Mosdell).
·
Preparation of a Road
Safety Audit (Stage Two), or RSA, at request of Members; produced by Traffic
Management Section (Engineering Services).
·
Late decision to appoint
Counsel to advocate on behalf of the Authority at the forthcoming inquiry.
·
At request of same
Members a further independent study by highway consultants was commissioned.
·
As a result of the
initial advice given by the Area Highway Engineer at the time of the
application, the findings and conclusions of the RSA and the conclusions of the
independent highway study, it was decided following detailed consultation with
Counsel, to not (attempt to) offer any substantive evidence in support of the
second reason for refusing permission which related to access/vehicular
circulation arrangements within the proposed car park area.
·
It was decided, following
consultations with the Head of Planning Services, that the evidence in support
of the other reason for withholding permission would be given by a professional
officer not previously directly involved with the case; not Members.
·
In accordance with the
procedural rules a statement of common ground has been prepared and proofs of
evidence for the forthcoming inquiry have been prepared, submitted to the
Planning Inspectorate and exchanged with the appellants’ agents.
·
At this moment in time
the Inquiry is still scheduled to take place on 28 March 2007, despite efforts
by the Council and appellants’ agent to persuade the Planning Inspectorate to
postpone until a later date.
4. Development Plan
Policy
4.1 National Policy
·
PPS6 (Planning for Town Centres) – this recently
published PPS essentially deals with making provision for retail development
within our communities. In this particular case attention is drawn to Annex A
(Table 1) which deals with the types of centre and their main characteristics.
In this context it is considered that Wootton is a local centre.
…local
centres include a range of small shops of local nature, serving a small
catchment. Typically, local centres might include, amongst other shops, a small
supermarket, a newsagent, a sub post office and a pharmacy. Other facilities
could include a hot food takeaway and launderette. In rural areas large
villages may perform the role of a local centre.
Government
guidance urges local planning authorities to adopt and pursue policies which
ensure that the importance of shops and services to the local community is
taken into account in assessing proposals which would result in their loss or
change of use and also respond positively to proposal for the conversion and
extension of shops which are designed to improve their viability. Paragraph
2.58 states:
The
need for local shops and services is equally important within urban and rural
areas. Local authorities should, where appropriate seek to protect existing
facilities which provide for peoples day-to-day needs and seek to remedy
deficiencies in local shopping and other facilities to help address social
exclusion.
In large villages, (such as Wootton), where there is potential to maximize accessibility by public transport and by walking and cycling whilst ensuring that the lack of public transport facilities does not preclude small scale retail or service development where these would serve local needs.
·
PPG13 (Transport) makes reference to the issue of
accessibility in
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 regular use of a
car, and to promote social inclusion.
When
dealing with larger village locations the objective should be to ensure that
the usual facilities, such as shopping, are positioned in accessible locations.
4.2 Strategic Policy
The relevant strategic
policies are considered to be, S1, S2, S5, S6, S11 and S14. Essentially
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.
4.3 Local Planning Policies
|
·
G4 |
- |
General
Locational Criteria for Development |
|
·
G10 |
- |
Potential
Conflict Between Proposed Development and Existing Surrounding Uses |
|
·
D1 |
- |
Standards of
Design |
|
·
D2 |
- |
Standards for
Development within the Site |
|
·
D14 |
- |
Light Spillage |
|
·
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 |
While
recognising the benefits of a mix of land uses within an area some uses or
activities tend by their nature to be incompatible and create “bad neighbour”
problems and conflict. The most common problems occur between a residential use
and commercial, industrial or recreational activities.
In terms of Policy R2,
referred to in the latter part of this report, paragraph 15.25 of the
explanatory text says:
Village
and local shops play a vital role in rural areas as they provide an alternative
to shopping in the main towns as well as much needed service for the less
mobile. This includes the elderly, people with disabilities and those who do
not have access to a car or convenient public transport.
Policy
D1 (Standards of Design), is a criteria based policy, which requires
development to maintain, or wherever possible, enhance the quality and
character of the built environment.
Planning applications will be expected to show a good quality design and should conform with the following criteria:
h) Do
not detract from the reasonable use and enjoyment of adjoining buildings.
As new
buildings have a significant effect on the character and quality of an area,
all development should be of a high standard of design. It should appear to be
in context when viewed from the surrounding area and improve the quality of the
existing environment. In applying the criteria the Council will consider each
case on its merits, while seeking to encourage innovation and distinctive
approaches to design, especially those which reflect the character of the
particular area.
5. Consultee and Third
Party Comments
5.1 Internal Consultees
·
Area Highway Engineer has consistently supported
the proposed (re)development of this site subject to the applicants entering
into a Section 278 Agreement and the imposition of appropriate conditions. On
the earlier application he made detailed observations in connection with what,
in his opinion, were the principle highway/traffic issues; summarised in the
following terms:
·
Swept path analysis/size of delivery vehicles
·
Access, parking and circulation
·
Impact on
·
Internal levels
·
Retaining walls/transfer of highway land
·
Off site highway works
·
Store plan.
·
Environmental Health Officer has been involved in
terms of the preparation of our evidence for the forthcoming Inquiry and has
effectively maintained his view that the application can be approved subject to
the imposition of a relatively recently developed “standard” condition relating
to possible previous contamination of the site in order to comply with Part II
A of the Environmental Protection Act 1990. In order to protect the amenity of
neighbouring property the EHO also recommended the imposition of controlling
conditions in terms of intended business hours, delivery times and control of
anticipated noise emissions.
5.2 External Consultees
None at this stage.
5.3 Town or Parish Council
Comments
·
Wootton Bridge Parish Council, who objected to the
earlier application, have been fully briefed on the current situation and the
need to submit their written representations prior to the date of the meeting
of this Committee which, in turn, is prior to the date for the opening of the
local Inquiry. This means that any detailed representations by the Parish
Council will be included in the schedule of late representations which will be
circulated and tabled for Members. They will also have the opportunity, if they
wish, to address the Members at the meeting.
5.4 Neighbours
This
resubmission was the subject of the standard publicity exercise as required by
the GDPO and our own approved publicity procedures, but as a matter of courtesy
it was considered to be appropriate, in this particular instance, to also
individually notify all those that made written representations in respect of
the earlier application. Expiry date for comments on the application is
6. Evaluation
6.1 Since
this application is effectively a resubmission of the one which was refused
permission in early 2006, Members may wish to address the matter in the
following way.
·
Revisit principle of redeveloping the site for
retail purposes
·
Access/parking/servicing arrangements; primarily
egress onto
·
Refresher on associated “on site” and “off site”
highways works to be carried out in conjunction with the proposed development
·
Overall size, scale, mass and appearance of the new
building
·
Hard/soft landscaping.
6.2 Notwithstanding
the above it is clear that Members should focus on the specific reasons for
withholding permission last time and importantly, for obvious reasons due to
the decision not to offer evidence in support of the reason relating to
potential vehicular/pedestrian conflict arising from internal movement within
the site, focus on matters relating to access/egress arrangements especially
the likely effect that this will have on the current level of amenity enjoyed
by owners/occupiers of those properties in Rectory Drive immediately opposite
the application site. It is important to stress that from the outset the
single most contentious issue in respect of the particular development has been
the proposed exit from the site onto
6.3 Members will appreciate that there is no sustainable objection to the redevelopment of the site, used previously for open car sales with an extant permission for a two storey office block, as it is within the development envelope boundary adjacent and close to other retail/commercial outlets along the A3054 in Wootton. The view is taken that this site could be used for a variety of purposes and it is important that the Council make a decision which is consistent with relevant policies and in the interests of the wider community and other potential users of the proposed facility.
6.4 Central location of the site within the village means that it is ideally suited for retail development maintaining a popular convenient outlet facility on the northern side of the High Street. It is considered that the criteria for assessing retail development of this nature has been satisfied as, in very simple terms, the existing operation gives adequate evidence of need, the development is of an appropriate scale, in location terms there is not a better site within the immediate vicinity and the site is clearly accessible by a variety of modes of transport including walking, cycling and public transport.
6.5 Proposed development satisfies the criteria set out in policy R2 although it is accepted that experience would suggest that while satisfying a local need there is also a quite significant element of what can be loosely described as “passing trade” as the existing operation is on the main road between the Islands’ two largest towns and also on the route followed by vehicular traffic from the west accessing the largest ferry terminal at nearby Fishbourne.
Note: It is important to note that this particular
policy was developed to avoid losing local retail outlets when it could be
shown that this may have a damaging impact on the local community. If Wootton
was to lose such a well located nationally recognised retail outlet it would be
difficult to sustain an argument that this would not cause inconvenience or be
damaging to the social fabric of the village. Nevertheless Members are
cautioned against using any form of “Tesco argument” whether for or against the
scheme and must treat this A1 convenience store application on its merits in
accordance with policy.
6.6 When handling the earlier application there was no sustainable objection to the redevelopment of the site with a retail outlet of this size specialising in convenience goods.
6.7 Remaining development control related issues have been the subject of public scrutiny, negotiations and discussion with the applicants and their agents as part of the overall process in terms of handling the first application, leading to the submission of additional supporting information without any significant amendment to the characteristics of the overall development. Clearly those issues, particularly those highlighted in the reasons put forward for refusing permission on the earlier application, have been the subject of further discussion, assessment and investigation by parties acting on behalf of the appellant, professional officers within the Authority and independent and/or external advisors. As explained, in the earlier part of this report, a decision has been taken, on advice from Counsel, not to pursue an argument against the proposed (re)development of the site based on alleged shortcomings in terms of the internal traffic arrangements and the possibility of vehicular/pedestrian conflict and associated hazards.
6.8 I trust that Members will agree that these issues should be viewed against a background of the problems associated with the existing outlet in terms of traffic congestion and potential hazards arising from inadequate servicing and parking facilities within the curtilage of the site.
6.9 Overall proposed layout is reliant upon the existing access onto the A3054, which will also continue to serve the neighbouring commercial premises, and a shared route through the site giving access to customer parking and a loading bay leading to an exit only onto Rectory Drive with the proposed building in the least conspicuous position towards the rear of the site away from the respective road frontages.
6.10 When compared with the present situation, this scheme offers a number of improvements which include increased customer parking when compared with the existing outlet, facilities for disabled people, bike racks, a designated loading area, the construction of a new retaining wall on the southern side of Rectory Drive and landscaping including the planting of additional trees inside the new retaining wall. Pedestrian priority routes within the site will be denoted by the use of differing hard surfaced materials. The proposed building is clearly a modern, modular structure which, on balance, will modestly enhance the visual amenities of the area as it will have a minimal impact because of the topography of the site, which, at this point, is significantly lower than the carriageway level in Rectory Drive and it is a low profile building sited in a less than prominent position. For these reasons it was previously decided that any objection on grounds of layout, design, or hard/soft landscaping would be difficult to sustain if a decision was taken to withhold permission on these grounds.
6.11 Prior to examining what has proved to be the key issue it is important to remind Members of the significant “off site” highway improvements which would come forward as part of this overall development, if approved, by way of a Section 278 Agreement. In the original report (November 2005) Members were advised about the proposed highway/traffic improvements negotiated both prior and since submission of the earlier application, which still form part of this resubmission.
·
Upgrade of existing
uncontrolled crossing to the east of the junction of
· Provision of anti-skid surfacing with a design, extent and method of installation to be agreed.
· Necessary controls and dedicated link with existing pelican crossing to the east of the site, including ducting and accommodation works.
·
Realignment of footway and
construction of new access to
· Improvements to the existing access onto A3054, with possible tactile crossing points and a bellmouth layout.
In addition to the above a commuted sum of Ł12,000 would be required to cover the future maintenance of the new crossing point.
* A PUFFIN crossing is effectively an “intelligent” crossing point that senses whether users are on or have left the crossing. This improves traffic flows and alleviates the problem of users activating the system and then being able to cross prior to the lights stopping vehicular traffic.
6.12 Members are advised that these works will be in conjunction with other works (largely “on site”), required by way of imposition of appropriate conditions, as recommended by the Area Highway Engineer, and the aforementioned Store Management Plan (SMP). Members may recall with the initial submission that the applicants’ agent identified the possibility of planning controls as a mechanism for addressing any possible difficulties and, in this context, his clients produced a SMP as a method of establishing a clear framework for site and store operation; he was also able to confirm that his clients could ensure that its own delivery and staff vehicles would exit the site towards the High Street. The draft SMP is appended to the planning statement which forms part of this resubmission.
6.13 It has been explained (see Relevant History) that since the decision to refuse the initial application the Council has had the following two documents prepared:
· Road Safety Audit (Stage Two) (RSA) prepared by the Traffic Management Section (IWC).
· Highways and site layout appraisal prepared by Mayer Brown who are registered with the Planning Advisory Service (PAS) as an approved consultant to assist Local Planning Authorities in processing applications, and has considerable experience in the fields of highways development control and road safety audit.
6.14 Stage Two Audit which was carried out in accordance with the relevant sections of HD 19/03, identified any (minor) road safety problems and made specific recommendations which could be dealt with as part of the preparation in connection with the Section 278 Agreement if the application is approved.
6.15 Independent appraisal, carried out by Mayer Brown, is a more comprehensive assessment which followed a specific brief prepared by the Case Officer, which carefully followed the concerns expressed by the two Members previously involved with the appeal. Conclusions in the consultants report can be reduced down to the following four points:
· Given the sites’ location and limited size, the submitted plans offer the best overall layout solution for the construction of the proposed store.
· Whilst it would generally be preferable to provide a separate delivery yard for such a use, this is not practical in this case. However, the proposed delivery bay should operate safely, provided a trained banksman is present at all times when heavy vehicles are manoeuvreing.
· Proposed delivery arrangements would be a considerable improvement on those currently in operation with the existing Tesco Express store and are likely to lead to a significant increase in safety around the site entrance, provided a similar use does not continue in the existing premises once the new store is in operation.
·
In the circumstances, we
believe the officers recommendation for approval was appropriate and the
decision to withhold planning permission would be very difficult to justify on
traffic safety grounds. The planning conditions suggested in the officers
report are, in our opinion, comprehensive, practical and reasonable; although
any attempt to control the direction of vehicles leaving the site via
6.16 Members are reminded that the initial application was refused permission, contrary to officer recommendation, on two specific grounds (see Relevant History) and having assessed the information provided by the highway consultant employed by the applicants’ agent and our Area Highway Engineer in combination with the RSA (Stage Two) and detailed assessment carried out by the independent consultant a decision was taken, in consultation with Counsel, that the Council, or any independent planning or highway consultant, was not in a position to offer substantive evidence to support Members views about the potential for pedestrian/vehicular conflict in connection with internal movements within the site (see paras. 3.6 and 6.7). In the circumstances, in face of the wealth of information provided from within and outside the Council, any opposition to this resubmission on these grounds would be quite unsustainable to the point of being almost futile.
6.17 In my opinion the only valid “test” in the
determination of this resubmitted application is whether the information
collected in connection with the last application, during the last few months
as part of the appeal process or as part of this latest submission has
persuaded Members that any impact on nos. 1A to 1D Rectory Drive arising from
the formation and use of the access (egress) opposite these dwellings does not
amount to a sustainable reason for withholding permission, particularly when
due regard and appropriate weight is given to the absence of any other
identifiable (adverse) impact and the tangible benefits that will arise from
the development of this site.
6.18 There is rarely a development scheme that comes forward that offers the ideal solution and almost inevitably there will be some conflict between local planning policies. However, Members are reminded to concentrate on the precise nature of the reason for refusing permission.
6.19 The argument would be that the proposed development of the site and the creation of an egress onto Rectory Drive means that a relatively quiet residential street, although close to a busy main road in the commercial centre of the village, would be the subject of a significant increase in vehicular traffic travelling a short distance in a southerly direction between the proposed egress point and the junction with the High Street and that this will so seriously impact on the amenities presently enjoyed by the owners/occupiers of these four properties when balanced against all the other factors, to sustain a second decision to refuse permission.
6.20 Any suggestion that
7. Conclusion and Justification for
Recommendation
7.1 As with the initial submission, in terms of adding value to the application it is not considered that any further controls and/or associated community benefits can be delivered beyond what has now been agreed (or offered) with the applicants’ agent. The proposed layout has been identified as the best practical solution for the site and consequently there is no sustainable objection on this point.
7.2 Inevitably, the owners/occupiers of properties on the western side of Rectory Drive (immediately opposite the site), which is presently a relatively quiet residential street despite the close proximity to the junction with a busy classified road, will suffer a degree of disamenity but, on balance, the provision of a new purpose designed retail store with associated facilities including increased “on site” parking, suitable delivery/loading facilities and various other highway improvements/community benefits outweigh this single factor particularly if you take into account the shortcomings of the present arrangements with the existing store on the neighbouring site and the need to plan in the wider interest.
7.3 On this basis it is recommended that the application should be approved subject to the applicants entering into legal agreement(s) with the Council which has already been largely negotiated, in accordance with good practice.
8. Recommendation
Conditional
permission (subject to the applicants entering into a Section 278 Agreement
with the Council for various “off site” and “on site” highway/traffic
improvements.
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 |
A
scheme for the control of noise from anticipated noise emissions from the
operation of plant, machinery and business activity should be submitted to
the Local Planning Authority for approval prior to any development commencing
on site. The provisions of this scheme should include physical controls,
operational restrictions and administrative controls, where appropriate. All
necessary works are to be designed and supervised by a competent person. On
completion of all works, testing is to be carried out and a report to be
submitted to the Local Planning Authority to verify the scheme's
effectiveness. the scheme approved by the Local Planning authority should be
fully implemented in accordance with the approved details before the use, the
subject of this permission, commences. The scheme and any required works
shall thereafter be maintained in accordance with the approved details. No
alterations to any structural or other matters identified by the scheme as
being required for noise control should be undertaken without the prior
written approval of the Local Planning Authority. Reason:
In the interests of the amenities of the area in general and nearby
residential property in particular and to comply with policy P5 (Reducing the
Impact of Noise) of the Isle of Wight Unitary Development Plan. |
|
4 |
No
part of the development hereby permitted shall commence until there has been
submitted to and approved in writing by the Local Planning Authority: a) A desk-top study documenting all previous
and existing land uses of the site and adjacent land in accordance with
national guidance as set out in Contaminated Land Research Report Nos. 2
& 3 and BS10175: 2001; and, unless
otherwise agreed in writing by the Local Planning Authority, b) a site investigation report documenting the
ground conditions of the site and incorporating chemical and gas analysis
identified as appropriate by the desk-top study in accordance with BS10175:
2001 – “Investigation of Potentially Contaminated Sites – Code of Practice”; and, unless
otherwise agreed in writing by the Local Planning Authority, c) a remediation scheme to deal with any
contaminant including an implementation timetable, monitoring proposals and a
remediation verification methodology. The verification methodology shall
include a sampling and analysis programme to confirm the adequacy of
decontamination and an appropriately qualified person shall oversee the
implementation of all remediation. The
construction of buildings shall not commence until the investigator has
provided a report, which shall include confirmation that all remediation
measures have been carried out fully in accordance with the scheme. The
report shall also include results of the verification programme of
post-remediation sampling and monitoring in order to demonstrate that the
required remediation has been fully met. Future monitoring proposals and
reporting shall also be detailed in the report. 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. |
|
5 |
Notwithstanding
the provisions of the Town and Country Planning (General Permitted
Development) Order 1995 (or any order revoking and re-enacting that Order),
no access gate shall be erected without the prior written approval of the
Local Planning Authority. Reason: In
the interest of highway safety and to comply with policy TR7 (Highway
Considerations) of the Isle of Wight Unitary Development Plan. |
|
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 and thereafter retained and maintained 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 |
Development
shall not begin until details of the sight lines to be provided at the junction
between the access of the proposal and the highway have been submitted to and
approved in writing by the Local Planning Authority and 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. |
|
8 |
The
building shall not be occupied until the means of vehicular access thereto
has been constructed in accordance with the approved plans and requirements
of the conditions of this consent. 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
building shall not be occupied until the means of access thereto for
pedestrians and cyclists has been constructed in accordance with the approved
plans and requirements of the conditions of this consent. 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 |
Development
shall not begin until details of the junction between the proposed service
road and the highway have been approved in writing by the Local Planning Authority;
and the building shall not be occupied until that junction has been
constructed in accordance with the approved details. 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. |
|
11 |
The
vehicular access shown from the High Street on the approved plan shall only
be used as a means of ingress to the site and the vehicular access to Reason: In the interests of highway safety and to
comply with policy TR7 (Highway Considerations) of the Isle of Wight Unitary
Development Plan. |
|
12 |
The
use hereby permitted shall not commence until space has been laid out within
the site in accordance with drawing number SP.13 for 22 cars/10 bicycles to
be parked and for delivery vehicles to be loaded and unloaded 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. |
|
13 |
All
traffic shall be directed to leave the site by turning left into 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. |
|
14 |
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 prior to work commencing on site, shall be taken to prevent
material being deposited on the highway as a result of any building operation
on the site. The wheel cleaning
facilities shall be provided prior to work commencing on site and retained
during the course of the development. 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 |
|
15 |
The
shop hereby approved shall only be used for the sale of convenience goods and
for no other purpose, including any other purpose in Class A1 of the Schedule
of the Town and Country Planning (Use Classes) Order 1987, or in any
provision equivalent to that Class in any statutory instrument revoking and
re-enacting that Order with or without modification. Reason: The land is situated within an area where
general retail uses are not normally permitted and to comply with policy R2
(New Retail Development) of the Isle of Wight Unitary Development Plan. |
|
16 |
The
proposed store, hereby permitted, shall not be open to customers outside the
hours of 0600 to 2230 daily. Reason:
To protect the amenities of nearby residential properties and to
comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary
development Plan. |
|
17 |
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. |
|
18 |
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. |
|
19 |
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 (e.g. 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). 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. |
|
20 |
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. Thereafter only
such approved lighting shall be installed on the site/building and shall be
retained and maintained 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. |
|
21 |
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 is brought into use and thereafter retained and
maintained 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. |
|
22 |
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. |
|
10 |
Reference
Number: P/03133/06 - TCP/27901/A Parish/Name: Northwood - Ward/Name: Northwood Registration
Date: Officer: Mrs H Byrne Tel: (01983)
823552 Applicant: Mr
& Mrs S Patey Two storey
extension to provide additional living accommodation; conservatory (revised
scheme) The application
is recommended for Refusal |
REASON FOR COMMITTEE CONSIDERATION
The report has been requested by the Local Member,
Councillor Mazillius in view of the importance that applications of this nature
are assuming on this side of
1. Details of Application
1.1 This is a full planning
application for the extension of an existing semi detached property. The proposal involves a large two storey
extension on the eastern side of the property to provide study, cloaks and
utility room at ground floor with bedroom at first floor and a single storey
extension in the form of a conservatory at the rear.
1.2 A
modest single storey element to the side of the house will be demolished to
accommodate the extension to be built.
The proposed extension has been set back slightly with no step down in
the ridge height. The gable end has been
cropped and the fenestration has been designed to reflect that of the original
building.
1.3 This application follows
the refusal of a previous submission and has been submitted with no alterations
to the previous scheme.
2. Location and Site
Characteristics
2.1 The site is located on
the north side of
2.2 Whilst there has
previously been some ‘in-filling’ in the gaps, these have been mainly single
storey and, therefore, do not visually interrupt the street scene. There is an
existing two storey extension at the far eastern end of the road and a house
built within one of the gaps. However in a previous appeal decision it was
noted that whilst these elements were considered to detract from the street
scene, it was not to the extent that would justify further harm.
2.3 A recent application for
a two storey extension was approved and subsequently built at
2.4 Number 14
3. Relevant History
3.1 P/01796/06 –TCP/27901 -
14 Oxford Street - Alterations; two storey extension to provide additional
living accommodation; conservatory, refused September 2006 due to the position,
size, design and external appearance of the addition out of scale and character
with the prevailing pattern of development in the locality, as well as the
design of the roof being an intrusive addition out of scale and character with
the existing pair of properties and visual amenity of the locality.
3.2 P/00240/03 – TCP/25388 –
26
3.3 P/01350/05 – TCP 25388/B
– 26 Oxford Street – Alterations; two storey extension to enlarge living
accommodation; detached garage - approved September 2005 following negotiations
to set the proposed extension back 2.8 metres, therefore minimizing the impact
on the regular street scene. The alterations to the proposal were considered
sufficient to overcome the objections to the previous refusal which was
dismissed on appeal. Although this consent does not relate specifically to the
proposal site I consider it relevant in determining this application.
3.4 Previous appeal
decisions, mainly for new dwellings within the gaps support the need to protect
these existing spaces and to prevent the erosion of the gaps which would be
detrimental to the street scene.
4. Development Plan
Policy
4.1 The site is located with
the development envelope as defined by the Isle of Wight Unitary Development
Plan. The relevant policies of the Unitary Development Plan are considered to
be as follows:
·
S6 Design
·
G4 General
Locational Criteria
·
D1 Standards
of Design
·
H7 Extensions
and Alterations to Existing Properties
·
5. Consultee and Third
Party Comments
5.1
Internal Consultees
None.
5.2 External Consultees
None.
5.2
Others
None.
6. Evaluation
6.1
The main issues relating to this application are:
·
Policy considerations.
·
Size, design and layout of the extensions in
relation to the original property.
·
Impact on prevailing street scene
·
Impact on neighbouring properties
6.2
The site is located within the development
envelope, in a residential street, characterized by a mixture of properties on
the southern side with a more regular and uniform street scene on the northern
side consisting of pairs of similar Edwardian semi-detached houses with large
regular gaps between each pair.
6.3
The proposed extension is considered to be of an
inappropriate siting and design in relation to the existing property, the
adjoining semi-detached property and in particular the street scene by reason
of the limited set back and the design of the roof. The proposed extension will
be highly visible within the street scene and will have an adverse impact on
the integrity of the existing pair of properties and interrupt the existing rhythm,
which has been protected to some degree.
There is no adverse impact in terms of impact on neighbouring privacy.
6.4
The importance of the character and appearance of
the streetscene on the northern side of Oxford Street has been acknowledge in
previous appeal decisions in regard to refusal of planning permission for
extensions and infill dwellings. Of particular relevance to the current
application, in determining an appeal against refusal of planning application
for a two storey extension at
“There is a wide mix of dwelling types of varied age and style,
generally sited close together, on the southern side of
6.5
In terms of the proposal before him, the Inspector
went on to comment as follows:
“In my view, the proposed development would disrupt the existing
pleasant rhythm of the streetscene on the northern side of
The
appellant had drawn attention to new buildings constructed in the gaps between
other pairs of semi-detached properties. However, the Inspector acknowledge
that some of these were single storey and detached from the main building and
that a two storey extension at 10 Oxford Street, referred to by the appellant,
has space wide enough for a car driveway between it and the side boundary with
the next property. Reference was also made to 16A
“These properties do detract somewhat from the character and appearance
of the area, but not to an extent that would justify further harm that would be
caused by the proposed development.”
6.6
There is considered to be no adverse affect from
the current proposal in terms of impact on the neighbouring property or loss of
privacy. The proposed conservatory at the rear is considered to be acceptable
and will have limited impact on the streetscene and neighbouring property.
Furthermore, whilst it is accepted that the property could accommodate a
sizeable extension, particularly given the plot size, it is the design in terms
of the roof and set back of the addition that raises particular concerns in
this case. Clear advice has been given to the applicants in terms of size,
design and set back in order to overcome the previous reasons for refusal,
although this has not been taken on board and the application has been
resubmitted with no alterations from the previous refusal. In order to overcome the objection to this
proposal it is considered that the proposed extension should be set back at
least 2.8 metres from the front of the existing house and the roof redesigned
to appear more in keeping. This would ensure that the current uniform
appearance of the street scene is retained whilst still giving the applicants a
sizeable extension.
7. Conclusion and Justification for
Recommendation
7.1 Having given due regard and appropriate weight to all material considerations, it is considered that the proposed extension and alteration of this property would be an intrusive development out of scale and character with the existing pair of semi detached properties and prevailing pattern of development within the locality, in particular. Consequently, it is considered that the design of the proposed extension would be detrimental to the visual amenities and distinctiveness of the area.
8. Recommendation
Refusal
Conditions/Reasons:
|
1 |
The
proposal, by reason of its position, size, design and external appearance,
would be an intrusive development, out of scale and character with the
prevailing pattern of development in the locality, and would also be contrary
to policy S6 (Be of A High Standard of Design) and policies D1 (Standards of
Design), H7 (Extension and Alteration of Existing Properties) and G4 (General
Locational Criteria for Development) of the Isle of Wight Unitary Development
Plan. |
|
2 |
The
proposed side extension because of the siting and design of the roof would be
an intrusive addition, out of scale and character with the existing and
surrounding dwellings, and have a serious and adverse effect on the visual
integrity of the existing pair of semi-detached properties and visual amenity
of the locality, and would also be contrary to policy S6 (Be of A High
Standard of Design) and policies D1 (Standards of Design) and H7 (Extension
and Alteration of Existing Properties) of the Isle of Wight Unitary
Development Plan. |