Development Control sub Committee Minutes

39. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 30 October 2006 be confirmed.

40. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Cllrs Henry Adams, Ivan Bulwer, George Cameron, Muriel Miller, Arthur Taylor and David Whittaker - declared a personal interest in Minute 42 (a) 1 - Appuldurcombe Holiday Park, Appuldurcombe Road, Wroxall - as she knew the person speaking on behalf of the agent.

Cllrs Mike Cunningham and Lady Pigot – declared a personal interest in Minute 42 (a) 2 - part OS Parcel 4400, Blackwater Road, Newport – as they knew one of the objectors.

Cllr Brian Mosdell – declared a personal and prejudicial interest in Minute 43 (a) 3 - 23 Ashey Road, Ryde - as he had previous business interests – he was not present during the discussion and voting thereon.

Cllrs Henry Adams, Ivan Bulwer, George Cameron, Arthur Taylor and David Whittaker declared a personal interest in Minute 42 (a) 5 - 70 and 71 High Street, Brading - as they knew the agent.

Cllr Muriel Miller - declared a personal interest in Minute 42 (a) 5 - 70 and 71 High Street, Brading - as she knew the agent and the person speaking on behalf of Brading Town Council.

Cllr Muriel Miller - declared a personal interest in Minute 42 (a) 7 - S and J Builders Merchant, Brunswick Road, Cowes - as she knew the agent.

Cllr William Burt - declared a personal and prejudicial interest in Minute 42 (a) 7 - S and J Builders Merchant, Brunswick Road, Cowes - as he was related to one of the objectors - he was not present during the discussion and voting thereon.

Mr Justin Thorne, Legal Executive – declared a personal and prejudicial interest in Minute 42 (a) 7 - S and J Builders Merchant, Brunswick Road, Cowes - as he had a relative who owned a property very close to the proposal – he was not present during the discussion and voting thereon.

Cllrs Henry Adams, Ivan Bulwer, George Cameron, Muriel Miller, Arthur Taylor and David Whittaker - declared a personal interest in Minute 42 (a) 9 - 13 Leeson Road, Ventnor - as they knew the person speaking on behalf of the objectors.

41. PUBLIC QUESTION TIME

Mr John Morris asked two questions in relation to delegated decisions made by planning officers (PQ 14/06). A copy of the question and reply given is contained in the Public Question Register.

42. REPORT OF THE DIRECTOR FOR REGENERATION AND DEVELOPMENT

(a) Planning Applications and Related Matters

Consideration was given to items 1 - 10 of the report of the Director for Regeneration and Development.

RESOLVED :

THAT the applications be determined as detailed below :

The reasons for the resolutions made in accordance with Officer recommendation were given in the Planning report. Where resolutions are made contrary to Officer recommendation the reasons for doing so are contained in the minutes.

A schedule of additional representations received after the printing of the report were submitted at the beginning of the meeting and were drawn to the attention of Members when considering the application. A note is made to that effect in the minutes.

Application:	TCP/18846/E
Details:	Proposed use of land for all year round touring pitches; outline for log cabins and toilet block (revised scheme). Appuldurcombe Holiday Park, Appuldurcombe Road, Wroxall.
Site Visits:	None.
Public Participants:	Mr S Underwood (Objector) Mr Wiggins (Objector) Mr Glen Hepburn (On behalf of the agent)
Additional Representations:	A letter was received from the Environment Agency withdrawing their original objection but recommending conditions if granted. Communication from the agents who confirmed that a mains connection for disposal of foul sewage would be made to serve the chalets and the toilet block. Agents also confirmed that their client had no intention of selling off any of the chalets and would be happy to enter into a legal agreement if necessary.
Comment:	Cllr David Pugh spoke on behalf of the local member, Cllr Jilly Wood, who was unable to attend the meeting.
Decision:	The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved: Conditional Planning Permission, subject to the conditions set out in the Part II Register.
Conditions:	Additional conditions regarding the re-siting of the toilet block and a Highway Condition Survey. As per report (Item 1)
Application:	TCP/02068/A
Details:	Change of use of agricultural land to cricket ground to include construction of cricket pavilion and store; parking; vehicular access. Part OS Parcel 4400, Blackwater Road, Newport.
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 20 November 2006.
Public Participants:	Mr Sweetman (Objector) Mr John Gurney-Champion (Objector) Mr David Killpack (Applicant)
Additional Representations:	Two letters were received from AONB Partnership. Tree Officer considered that the proposal was acceptable subject to conditions requiring works in accordance with Arboricultural statement and use of a retaining wall to avoid damage to tree roots. Also recommends imposition of a TPO on the existing trees. A definition of a Gold Standard Ground was provided by the agent.
Comment:	There was some discussion with regard to the security of the ground when not in use.
Decision:	The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved: Conditional Planning Permission, subject to the conditions set out in the Part II Register.
Conditions:	Additional conditions regarding crime and disorder and security, the formulation of a Green Travel Plan to include Park and Ride arrangement and marshalling during big event; the provision of gates at the entrance to prevent unauthorised vehicle usage; the removal of extraneous items such as seating when the site is not in use and directly after matches. As per report (Item 2)
Application:	TCP/13956/B
Details:	Demolition of link between properties; conversion and division of 12-bed hotel into 6-bed guest house and separate dwelling. 4-5 Alexandra Gardens, Ventnor.
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 20 November 2006.
Public Participants:	Mrs Ann Hutchins (Applicant)
Additional Representations:	The upgrading schedule omitted from the report was
Comment:	Members were advised that the application had been submitted in June 2006 but there was a potential conflict with Council policies which resisted the loss of hotel accommodation, although there were some exceptions one of which was where accommodation was to be upgraded. Additional information was sought from the applicants however, the 8 week period in which to determine the application had passed and the applicant exercised their right to appeal on non determination. Confirmation was received from the Planning Inspectorate indicating the appeal was valid and therefore the power to determine the application was taken out of the hands of the authority. The application would now be determined by the Planning Inspectorate, however as part of the regulations for appeals and non determinations the Council were required to give an indication of what their decision would have been had they been in a position to determine the application. Therefore the application before Members was to enable officers to pass on the Committee’s decision to the Planning Inspectorate on the basis of the details before them. The Local Member, Cllr Jonathan Fitzgerald-Bond, spoke on this item.
Decision:	The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved: After consideration, Members resolved to adopt a recommendation indicating that were they in a position to determine the application then they would have refused the proposal for the following reasons :
Reasons:	Whilst planning policy T5 (Hotels Outside of Defined Hotel Areas) does allow the Local Planning Authority to allow the loss or reduction in hotel accommodation premises which have more than 10 lettable bedrooms, where the proposal involves an upgrade of hotel accommodation, it is the view of the Local Planning Authority that such a view requires adequate justification. In this particular instance, whilst the applicant has submitted certain supporting evidence this is not considered of sufficient weight to provide the Local Planning Authority with a sound justification to approve the scheme. As a consequence, the proposal as submitted is considered contrary to Policy T5 (Development Outside Defined Hotel Areas) of the Isle of Wight Unitary Development Plan. Members also expressed the view that had the application been accompanied by the additional supporting information as outlined by officers which was referred to in the report then they believe that the scheme would have been supported. (Item 4)
Application:	TCP/02459/H and CAC/02459/G
Details:	Demolition of single storey extension and outbuilding; conversion of dwelling into 3 separate living units; residential development of 4 terraced houses with parking and alterations to vehicular access, (revised scheme) and Conservation Area Consent for demolition of single storey extension and outbuilding in connection with conversion of dwelling into 3 separate living units; residential development of 4 terraced houses with parking and alterations to vehicular access, (revised scheme). 70 and 71 High Street, Brading.
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 20 November 2006.
Public Participants:	Mrs Cathy Mills (On behalf of Brading Town Council) Mr Glen Hepburn (Agent)
Additional Representations:	None.
Comment:	The Local Member, Cllr Patrick Joyce, spoke on this item.
Decision:	The application be deferred for further information with regard to a Road Safety Audit.
Conditions:	(Items 5 and 6)
(Cllr William Burt declared a personal and prejudicial interest in this item and left the room). (Mr J Thorne, Legal Executive declared a personal and prejudicial interest in this item and left the room).
Application:	TCP/07571/K
Details:	Demolition of builders store; construction of 3 storey block of 5 flats; cycle racks, bin store and landscaping. S and J Builders Merchant, Brunswick Road, Cowes.
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 20 November 2006.
Public Participants:	Mrs L Monk (Objector) Mrs Jacqueline Venner (Objector) Mr Martin Hayles (Agent)
Additional Representations:	The Architectural Liaison Officer (Crime Prevention) had no objection in principle.
Comment:	The Local Member, Cllr George Brown, spoke on this item.
Decision:	The application was refused contrary to officer recommendation as members believed there was a lack of amenity space, and also lacked general standards of design, the general location criteria and infrastructure. In compliance with the Council’s Constitution a named vote was taken as the decision was contrary to officer recommendation. For (7) Cllrs Henry Adams, George Cameron, Mike Cunningham, Susan Scoccia, Lady Pigot, Arthur Taylor, David Whittaker Against (1) Cllr Ivan Bulwer Abstention (2) Cllrs Muriel Miller, Brian Mosdell
Reasons:	D1 (Standards of Design) D2 (Standards for Development within the Site) G4 (General Locational Criteria of Development) Lack of amenity space Consultation with Southern Water before a formal decision notice is issued, if the consultee does not raise an objection then an additional reason for refusal to be added U11 (Infrastructure and Services Provision). In the event that Southern Water do object to the proposal then the decision notice to go out without any reason relating to disposal of foul and surface water. (Item 7)
Application:	TCP/07778/F
Details:	Demolition of bungalow; 2 pairs of semi-detached houses with alterations to vehicular access; parking and landscaping, (revised scheme). 17 Albert Road, Cowes.
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 20 November 2006.
Public Participants:	None.
Additional Representations:	None.
Comment:	None.
Decision:	The application was withdrawn by the applicant prior to the meeting.
Conditions:	(Item 8)
Application:	TCP/26818/A
Details:	Removal of pitched roof; 1st floor extension to create 4 bedroomed house with balconies and flat roof; alterations and extensions. 13 Leeson Road, Ventnor.
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 20 November 2006.
Public Participants:	Mr Glen Hepburn (On behalf of the objectors).
Additional Representations:	One letter was received from the planning consultant acting on behalf of the applicant asking for the following information to be drawn to the attention of the Committee : “Write to confirm my view that having carefully noted the Council’s position, I stand by my original views as set out in my letter of 25 October 2006. Given our concerns regarding the legal position on this matter and having taken the advice of Counsel I have advised my client that neither he nor his architect should make any comment on the matters as they stand. You will note we have withdrawn from speaking at the Committee meeting tonight for this very reason.”
Comment:	None.
Decision:	The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved: Conditional Planning Permission, subject to the conditions set out in the Part II Register.
Conditions:	As per report (Item 9)
Application:	TCP/25882/B
Details:	Demolition of existing property; outline for construction of 2 storey building comprising 8 flats with parking area and alterations to vehicular access, (revised scheme). 33 Landguard Manor Road, Shanklin.
Site Visit:	The site was visited by Members of the Development Control Sub Committee on Monday, 20 November 2006.
Public Participants:	Mr Adam Ridett (Agent)
Additional Representations:	None.
Comment:	Cllr David Pugh spoke on behalf of the local member, Cllr David Williams, who was unable to attend the meeting.
Decision:	The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved: Conditional Planning Permission, subject to the conditions set out in the Part II Register.
Conditions:	As per report (Item 10)
(Cllr Brian Mosdell declared a personal and prejudicial interest in this item and left the room).
Application:	TCP/21265/A
Details:	Proposed demolition of dwelling and siting of new access road. 23 Ashey Road, Ryde.
Site Visit:	None.
Public Participants:	None.
Additional Representations:	None.
Comment:	None.
Decision:	The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and resolved: Refusal of Planning Permission, for the reasons set out in the Part II Register.
Reasons:	As per report (Item 3)

(b) TCP/22221/E - Demolition of golf driving range structure, single storey extension to form replacement golf driving range, proposed floodlighting Westridge Golf Centre, Brading Road, Ryde

Members were reminded consideration had been given to the application at the 19 September 2006 Development Control Sub Committee meeting. At that meeting it was decided to advise the operator that, in anticipation of the completion of the project by 1 November 2006, no enforcement action would be taken with regard to the use of the lights, provided that diffuser screens were in place and the lights were switched off by 2030 hours Monday to Friday inclusive and by 1830 hours on Saturday, and not to be used at all on Sundays.

An evening site inspection was undertaken by officers in early November 2006 and at that time none of the lights could be seen by standing at the four roadside locations.

The Committee was told that significant progress had been made on the installation of the earth bund since the September meeting.

A site meeting had taken place on 20 November 2006 with the operator and his agent whereby they confirmed that they believed the bund had reached its target height, but it had not been finally checked by any instrumentation. A section of the western face of the bund still required additional material. The landscaping that was intended to screen those properties off Bullen Road was not in place as the space was occupied by the haulage road.

The Local Member, Cllr Diana Tuson, was unable to attend the meeting but asked that her comments be considered.

The Committee had taken into consideration and agreed with the reasons for the recommendation as set out under paragraph entitled Justification for Recommendation of the report and

RESOLVED :

(i) THAT the progress made by the operator be noted.

(ii) THAT the operator and the Council confirm that the dimensions of the earth bund as formed conformed to that agreed with the Local Planning Authority as set out in the agents and accompanying plans of 1 April 2005 and the letter of the Local Planning Authority of 25 July 2005.

(iii) THAT with the installation of the bund the screening was still not as originally proposed be noted and until adequate measures were in place the operator was required to continue operating with the diffuser screens in place up to 2100 hours on Mondays to Saturdays inclusive but not at all on Sundays.

(iv) THAT the situation be reviewed at the 23 January 2007 Development Control Sub Committee meeting.

The planning enforcement quarterly report gave an up date of the statistical information considered at the September meeting of the Sub Committee and included figures for the third calendar quarter of 2006. It also set out comparative figures released by the DCLG which assessed the Council’s performance against other authorities.

The Council had served a total of 29 enforcement notices within that period which put the Council second behind Hart and New Forest locally and within the top 15% nationally.

With regard to Breach of Condition Notices the Council had served a total of 44 Notices during the reported period. Nationally only three other authorities had exceeded that figure which put the Isle of Wight Council fourth in the entire country.

Planning Contravention Notices were a mechanism through which a local planning authority could obtain information. Seventeen notices had been served during the survey period, which put the Council in the top 16% nationally.

Members also noted that three Temporary Stop Notices were served during that period which put the Isle of Wight Council in the top 7% nationally.

RESOLVED:

THAT the report be noted.

43. MEMBERS' QUESTION TIME

Cllr David Whittaker asked a question in relation to S 106 Agreements and was advised that a report would be brought to the Committee meeting in December 2006.

CHAIRMAN