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
REPORT TO SUB-COMMITTEE – 22
AUGUST 2006
|
1. |
Freshwater |
Conditional
Permission |
|
|
Page
4 |
Colemans
Carpets, Avenue Road, Freshwater, PO40 9UT Demolition
of shop and storage building; outline for development of 8 flats, 2
maisonettes and 2 retail units |
|
|
|
2. |
St. Helens |
Conditional
Permission |
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|
Page
11 |
Part
of access channel Bembridge Harbour off Embankment Road, Bembridge. Continued
engineering operation works to maintain access channel to Bembridge Harbour |
|
|
|
3. |
Ryde |
Conditional
Permission |
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|
Page
18 |
Land
between Node Close and Rotary Court and north of Southfield Gardens, Ryde. Demolition
of east wing (18 Upton Road) of Southfield; outline for residential
development of 14 houses with parking and vehicular access. |
|
|
|
4. |
Newport |
Conditional
Permission |
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Page
28 |
The
Old Chapel House and 10 Union Street, Newport. Demolition
of buildings; proposed 3 storey block of 12 flats |
|
|
|
5. |
Ryde |
Conditional
Permission |
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Page
35 |
Salvation
Army and IWC public car park Green Street/Station Street, Ryde. Demolition
of the Salvation Army Hall and development of a direct access hostel for the
homeless and new public car park; alterations to vehicular access (revised
scheme) |
|
|
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6. |
Newport |
Conditional
Permission |
|
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Page
48 |
15-17
St. James Street, Newport. Demolition
of buildings; residential development comprising five storey block of 50
flats with mixed residential and retail at ground floor level (revised
scheme) |
|
|
|
7. |
Newchurch |
Conditional
Permission |
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Page
58 |
Ferndale,
Newport Road, Apse Heath, Sandown, PO36 0JR Two
storey extension to form garage with hobbies room over; two storey extension to provide additional
living accommodation, (revised scheme) |
|
|
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8. |
Newchurch |
Conditional
Permission |
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Page
63 |
Woodlands
House, Embassy Way, Sandown. Change
of use from food distribution (Class B8) to general industrial (Class B2)
(revised description) (readvertised application) |
|
|
|
9. |
|
Ryde |
Refusal |
|
Page
68 |
40
Newport Street, Ryde, PO33 2QB Demolition
of porch; 2 storey extension to form end of terrace house |
|
|
|
10. |
(Joint
Report with Item 11) |
Arreton |
Conditional
Permission |
|
Page
73 |
Arreton
Barns, Main Road, Arreton, Newport. Proposed
single storey building to form craft shop/reception area to include covered
entrance and display area;
alterations to vehicular access & formation of car park, (revised
scheme) |
|
|
|
11. |
P/01651/06 TCP/20583/P |
Arreton |
Refusal |
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Page
73 |
Arreton
Barns, Main Road, Arreton, Newport. Retention
of buildings to include craft furniture marquee, farm produce shop,
woodcraft/sawmill building, craft cabin, craft/Christmas shop, demountable
ice cream cabin, children's wendy house/santa's grotto and charity wishing
well feature |
|
|
|
01 |
Reference
Number: P/00819/06 - TCP/10400/D Parish/Name: Freshwater - Ward/Name: Freshwater Afton Registration
Date: 12/06/2006 - Outline
Planning Permission Officer: Miss S Wilkinson Tel:
(01983) 823552 Applicant:
Mr E Dunn-Coleman Demolition
of shop & storage building; outline for development of 8 flats, 2
maisonettes & 2 retail units Colemans
Carpets, Avenue Road, Freshwater, PO409UT The
application is recommended for Conditional Permission |
REASON FOR COMMITTEE CONSIDERATION
Local Member, Councillor Gill Kennett has a prejudicial interest in the site and therefore can not deal with the application under the delegated procedure.
1. Details of Application
1.1 The
application seeks consent for the demolition of the existing shop and storage
buildings located to the rear of the site and outline consent for the
development of eight flats, two maisonettes and two retail units. Consent is
sought purely for the siting of the building with all other matters reserved
for later consideration.
1.2 The proposal incorporates two retail
units, six 1 bedroom flats and four 2 bedroomed flats. Two 1 bedroom flats and
two, 2 bedroomed maisonettes are proposed in the separate block to the rear of
the site.
1.3 The
proposal site is located within the centre of Freshwater close to a car park
and is therefore a no parking scheme but provides cycle parking provision on
site.
2. Location
and Site Characteristics
2.1 The
application site is located on the north side of Avenue Road, an area of
Freshwater that is characterised by a mix of residential and retail premises.
The site is located approximately 50 metres from the existing Avenue Road car
park and approximately 60 metres from the corner with the High Street.
2.2 The
existing building on site appears two storey from the front elevation with a
parapet roof to the single storey flat roofed building behind that currently
extends the length of the site. The front elevation is painted blue render; the
side elevations are red brick. The existing building does not sit comfortably
within the existing streetscene.
3. Relevant
History
3.1 P/00217/05
– An outline application for demolition of shop and storage buildings; outline
for development of eight flats, two maisonettes and three retail units was
withdrawn in September 2005.
4. Development
Plan Policy
4.1
National Policy Guidance
·
PPS1 – Delivering Sustainable Development
·
PPG3 – Housing and PPS – Consultation Paper 3,
relating to housing
·
PPG6 – Town Centres and Retail Development
4.2
The following Strategic Policies with the Unitary
Development Plan are applicable:
·
S1 - New development will be concentrated within existing
urban areas
·
S2 - Development will be encouraged on previously
developed land
·
S7 – Provision of housing units on the Isle of
Wight
·
S11 – Reducing reliance on the private car
·
S14 – New retail development will be expected to be
located within existing town centres
4.3
The following Unitary Development Plan policies are
applicable:
·
G1 - Development Envelopes
·
G4 - General Locational Criteria
·
D1 - Standards of Design
·
D2 - Standards for Development within the Site
·
H10 – Above ground floor level in town centres
·
TR6 – Cycling and Walking
·
R1 – Existing Town Centres
·
R2 – New Residential Development
·
R8 – Residential Use of upper floors in town
centres
·
U11 - Infrastructure and Services Provision
5. Consultee
and Third Party Comments
5.1 Internal
Consultees
·
Highway Engineer recommend conditions should the
consent be granted
5.2 External Consultees
·
Southern Water have confirmed that they have no
adverse comment in regards to this application
5.3 Town/Parish
Council comments
·
The Parish Council object to the application on the
grounds of loss of amenity, no car parking and overdevelopment of the site.
5.4 Others
·
Local Member comments that 2 retail units are
better than the current larger unit. However, feels that 10 units is a lot
especially without car parking.
·
Six letters of objection have been received, the
points contained within can be summarised as follows:
o
Overdevelopment
o
Too many house being developed within the
Freshwater area
o
Local infrastructure is already under pressure
o
No parking
o
Too many empty shops
o
Loss of shops
o
Out of keeping
o
Over shadowing
o
Loss of light
o
Loss of privacy
o
Concerns over stability from demolition
6. Evaluation
6.1 The determining factors in considering
this proposal are:
·
Impact on the local area
·
Impact on neighbouring properties
·
Parking
·
Heads of Terms
6.2 Impact on the local
area.
The
proposed development is located within an area that is characterised by a mix
of residential and retail development therefore the principle of this proposal is
considered as acceptable. Developing above ground floor level with residential
development in retail areas can help to regenerate the retail function and is
supported by policy.
6.3 There
have been a number of objections in respect of the adequacy of local
infrastructure in regards to the drainage, services and local road network. The
Highway Engineer and Southern Water have not objected to the proposed
development and it is not considered that the addition of 10 units would have a
significantly detrimental impact. In considering the impact of such schemes on
local provisions such as doctors etc. it can be argued that the development is
required first in order to ascertain the level of pressure and the funding and
market need for a new facility of this type.
6.4 The
proposal is for outline consent with siting as the only matter to be
considered. Therefore, the impact of the development on the streetscene can
only be considered in relation to the scaling that would be required for a
development of this size and must be considered in relation to the existing
building on site. As this building is of little architectural merit and makes a
negative contribution on the streetscene it is the opinion of your officers
that the proposed redevelopment would have a positive impact on the character
of the area and help to improve the visual appearance of the wider area.
6.5 The
loss of one large retail unit and its replacement with two smaller units would
make this site more economically viable for small businesses wanting to trade
in this area, helping to regenerate the retail function of Avenue Road.
6.6 Impact
on neighbouring properties.
In regards to comments in relation to overdevelopment of the site, it
must be considered that the existing building on site has almost 100% coverage,
although it is accepted that this is at mainly single storey. The proposed
development would allow the opening of a central area between the two proposed
blocks which would provide a courtyard amenity space and reduce the site coverage
of the built form. The units to the rear of the site would adjoin the existing
property which is situated behind the retail element at present. This would not
have a significantly detrimental impact on the amenities of the adjoining
property and would likely be of comparative height and mass. The siting of this
element under consideration at this stage is considered to be acceptable.
6.7 The
retail element and flats to the front of the site have been amended in
pre-application discussions following the previously withdrawn application to
remove an element in order to bring the building further from the boundary line
with the property to the rear. These negotiations also saw the removal of a
living room window from this position in order to overlooking from a primary
room. The resultant proposal is now seen as acceptable and would have a minimal
impact on the property to the rear. Again, this application is only for the
consideration of siting and principle and it is considered by your officers
that the plans submitted adequately demonstrate the site can comfortably
accommodate the number of units proposed without having a detrimental impact on
the neighbouring property. Although there will be some additional height to the
building fronting Avenue Road it is not considered that this would have a
significantly overshadowing impact due to distances involved and the proposal
sees the removal of a two storey element to the rear of the adjoining property
which would open up an existing area of amenity space.
6.8 Concerns
have been raised in respect of the demolition of the existing building and how
this will affect the stability of the adjoining property. In this respect a
condition has been attached requiring details of the finish to be agreed.
Additional concerns have been raised in respect of the access to the building
during the demolition of the showroom element of the existing retail premises.
This however is an issue of right of access and not a material consideration in
planning.
6.9 Parking
The
application has been submitted as a ‘no parking’ scheme due to the nature of
the accommodation provided and the proximity of a car park to the site.
Freshwater has the benefit of most town centre facilities and has a regular bus
service to other areas. It is considered a no parking scheme in this location
is suitable. No objections have been received from Highways.
6.10 Heads
of Teams
The
following contributions would be gained through a planning obligation:
Open
Space = 10 x 240 = £2,400
Education
= 4
x 2145 = £8,580
7. Conclusion and
Justification for Recommendation
7.1 Having given due
regard and appropriate weight to all material considerations referred to in
this report, it is considered that the redevelopment of this site would make a
positive contribution to the streetscene and viability of this area of
Freshwater. The application under consideration is purely examining the siting
of the proposal and as such it is considered that this relates well to
neighbouring properties both at the front and the rear of the site and
therefore would result in a development that would sit comfortably and have
minimal impact on surrounding residential occupiers.
8. Recommendation
The application is recommended for
conditional approval.
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 design, external appearance of any building(s) to be erected, the
means of access thereto and the 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 IW Unitary Development
Plan. |
|
4 |
Prior
to any work commencing on site full details of the manner of a method statement
shall be submitted detailing the method of demolition and treatment of the
external surfaces of the neighbouring property. Reason:
to ensure that the neighbouring is left in a habitable and visually acceptable
manner and to comply with Policy D1 (Standards of Design) of the IW Unitary
Development Plan. |
|
5 |
No
dwelling hereby permitted shall be occupied until space has been laid out in
accordance with details that have been submitted to and approved by the Local
Planning Authority in writing for 10 bicycles to be parked. 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 IW Unitary Development
Plan. |
|
6 |
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 IW 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 policy
TR7 (Highway Considerations) of the IW Unitary Development Plan. |
|
8 |
All
construction traffic relating to the approved development will deliver, load
and un-load at a location and times and on a route approved in writing by the
Local Planning Authority. No variation to the agreed times shall be
undertaken without prior written consent from the Local Planning Authority. Reason: In the interests of highway safety and to
comply with policies TR7 (Highway Considerations) of the IW Unitary
Development Plan. |
|
9 |
The
demolition and construction works must be undertaken in accordance with
details that have been provided within the Project Management and Traffic
Management accompanying the application unless otherwise agreed in writing with
the Local Planning Authority. Reason:
To ensure that minimal disruption to the road network is experience
during works in accordance with policy
|
|
10 |
Before
the development hereby permitted is commenced, a scheme indicating the
provision to be made for disabled people to gain access to the retail
premises shall be submitted to and approved by the Local Planning Authority
in writing. The approved scheme shall
be implemented before the development hereby permitted is brought into use. Reason: To ensure adequate access for disabled
persons and to comply with policy D12 (Access for People with Disabilities)
of the IW Unitary Development Plan. |
|
11 |
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 been notified by the person submitting the same that
it is to the Local Planning Authority’s approval. The said Planning
Obligation will provide for contributions to education and open space. Reason: To
ensure educational facilities, open space, transport provision and affordable
housing is made in accordance with policies U2 (Ensuring Adequate
Educational, Social Communities for Future Population) and L10 (Open Space
and Housing Developments) of the IW Unitary Development Plan |
|
02 |
Reference
Number: P/01030/06 - TCP/27752 Parish/Name: St. Helens - Ward/Name: Brading and St
Helens Registration
Date: - Full Planning Permission Officer: Mr J Mackenzie Tel: (01983)
823552 Applicant: Bembridge Harbour Improvements Co Limited Continued
engineering operation works to maintain access channel to Bembridge Harbour part of
access channel, Bembridge Harbour off, Embankment Road, Bembridge, PO35 The
application is recommended for Conditional Permission |
REASON FOR COMMITTEE CONSIDERATION
This is a major application and is contentious due to considerations surrounding the whole of Bembridge Harbour.
1. Details of Application
1.1 This
is a full application seeking consent for the continued engineering operation
of dredging works to maintain the access channel to Bembridge Harbour
1.2 The principle of this development is to
dredge the entrance channel to Bembridge Harbour which is situated to the north
of the “neck” of the harbour, i.e. between the point at Bembridge and the
southeastern tip of St Helens Duver.
1.3 The
area of harbour is a sector shape with overall dimensions of 450m x a maximum
of 90m, outside of the assumed harbour ownership and areas owned by the Isle of
Wight Council and the National Trust.
1.4 Excavation
dredging work is proposed to be undertaken from the east side of the channel
using mechanical excavators and earth moving vehicles with the use of low
loader trailer to take plant to and from the site if required. Dredged material
will be moved from the intertidal area to the nearby gravel processing yard and
access routes will follow established existing routes to and from the channel
edges. Due to tidal constraints dredging operations will be timed to coincide
with fortnightly low water spring tide series which allow up to three days
access before and three days after spring tide maxima. Dredging operations will
normally be during daylight hours but may need to extend into hours of darkness
during winter months. It is anticipated that there would up to 16 visits per
month (maximum) but variations could occur due to alterations in channel
deposition, cycles or for operational reasons.
1.5 The
intention is to monitor the operations on a monthly basis by various means
including physical observations, GPS generated data and digital photography on
a monthly basis with aerial photographs acquired on an annual basis but also
incorporating beach profile monitoring undertaken by the Council and
bathymetric channel survey in sections taking both longitudely across the
channel. It is also proposed to keep aggregate extraction records of timing and
volumes with the results analysed annually. The application states that, at
least initially the amount of sediment being removed will be commensurate with
an annually quantity of 20,000 cu metres but that as information from bathymetry
comparison starts to become available, the amount of material to be removed
each year will be calculated based on a comparison of the bathymetry
information with the ‘ideal’ channel. The ‘ideal’ channel is agreed by all the
parties to be recorded by the bathymetric survey undertaken in 2003.
2. Location
and Site Characteristics
2.1 The
site is a sector shaped area of the harbour located approximately 200m off
shore from St Helens fort at the northern end of the Duver at St Helens.
3. Relevant
History
3.1 None
in relation to this location. Bembridge Harbour has been subject of many
applications bearing in mind the total area concerned.
4. Development
Plan Policy
4.1 National
Policy Guidance
·
PPS9 – Nature Conservation emphasises the importance
of designated sites and undesignated areas for nature conservation.
·
PPG17 – Sport and Recreation, promotes sports and
sporting activities both formal and informal.
·
PPG20 – Coastal Planning refers to various
activities and pressures surrounding coastal areas including nature
conservation, tourism, recreation and policies for development.
·
PPG21 – Tourism.
4.2 UDP
Policy
·
Site is designated as a Site of Special Scientific
Interest and is designated under:
o
Solent and Southampton Water RAMSAR
o
Solent and Southampton Water SPA
o
Brading Marshes to St Helens SSSI
·
Policy S10 refers to designated areas of scientific
value.
·
Policy C10 – Sites of Natural Importance for Nature
Conservation states that development will not be permitted if it would be likely
to destroy or adversely affect, directly or indirectly, a Site of Special
Scientific Interest or national nature reserve.
·
Policy C7 – Rivers and Corridors and Estuaries
advocates protection for river corridors, estuaries and associated wetland as important
areas of open space by only approving development which conserves the existing
areas of amenity or wildlife value and seeks to restore the natural elements of
the river and associated wetland; supports initiatives which will result in
improvements to water quality and where appropriate to allow for the
identification and promotion of locations for water related recreation and
support.
·
Policy L1 – Informal Recreation Provision in the
Countryside.
5. Consultee
and Third Party Comments
5.1 Internal
Consultees
County Ecologist has been working closely with English Nature regarding
the proposal and the appropriate assessment and is satisfied that, subject to
conditions, no adverse impact on the ecology of the site should occur.
5.2 External Consultees
The Environment Agency objects to the proposal until an appropriate
assessment has been carried out. EA agrees with English Nature that the
development is likely to have a significant effect on the interest features of
the relevant international sites but if the appropriate assessment concludes
that the development may be carried out without adverse impact and subject to
stringent conditions, will accept the continuing works.
English Nature objects to the development unless the appropriate
assessment concludes the development can be implemented without adverse effects
on the European site without removal of excess sediment and reduction in extent
of inter tidal mud flats and damage to the habitats by use of machinery and
extraction and disturbance to migratory populations of waders and wildfowl.
Concluding that, however, that the appropriate assessment process should
provide more information to enable such possible adverse effects to be
mitigated.
5.3 Town
or Parish Council comments.
None
at the time of writing.
5.4 Third
Party comments.
Ten
letters of objection from local residents on grounds of:
·
Loss of habitats or adverse effect on habitats.
·
Making navigation into the harbour worse.
·
Increased congestion
·
Inadequate dredging elsewhere
·
Proposal are open ended – no controls on where and
how much dredging.
·
Increased number of boats and visitors resulting in
increased levels of pollution.
Letters of objection also relate to other issues other than the dredging
of the channel including:
·
Increased number of moorings, increased number of
houseboats, increased pollution.
6. Evaluation
6.1 This application seeks consent purely
for the dredging of the access channel to the harbour and requires planning permission
solely because parts of the area to be dredged to give adequate depth of
channel are outside of the assumed defined limits of the harbour and within
areas owned by the Council and the National Trust.
6.2 The main issues relating to this application
are:
·
Policy and principle
·
Nature Conservation considerations.
6.3 In
terms of policy and principle the maintenance of the adequacy of the access
channel to Bembridge Harbour should be supported to enable the continued use of
the harbour by marine traffic for all purposes including tourism and leisure
and as a working harbour and in visual terms, apart from the plant proposed to
be used for the implementation of the dredging operations, there will be
limited and transient visual impact purely by the presence of the said plant.
Clearly the frequency and timing of the impact will be dependant upon the state
of tide and opportunities to carry out the required operation will need to
closely observe the ability to do it.
6.4 The
nature conservation issues are significantly greater. The site is within an
area designated under:
·
Solent and Southampton Water RAMSAR
·
Solent and Southampton Water SPA
·
Brading Marshes to St Helens SSSI
6.5 Due
to the above designations and the possible impacts on interests of nature
conservation, both the Environment Agency and English Nature have objected to
the scheme until an appropriate assessment, as required under the Habitat
Regulations 1994, has been carried out adequate to identify possible impacts
and to evaluate the proposed mitigation measures. This appropriate assessment
has been carried out in parallel with the passage of the planning application
in close consultation with English Nature and the conclusion of the appropriate
assessment is that with adequate and relevant restrictions via planning
conditions attached to a planning permission, the interests of acknowledged
importance will not be significantly adversely affected.
6.6 The
dredging of the channel, if carried out without strict control would be likely to
impact on the features of nature conservation value by significant interference
with the natural coastal process and the impact on the seabed by the physical
works and in carrying out the operations, the disturbance to wildfowl and other
sea birds feeding on the foreshore whilst works are being carried out.
6.7 Accordingly,
whilst it is desirable to maintain an adequate access corridor it is also
desirable to carry out the minimum amount of works sufficient to facilitate
this provision.
6.8 Restrictions
on the maximum volume of dredged material per annum, it is suggested limited to
a maximum of 20,000 cu metres per annum or sufficient to maintain the navigable
channel, whichever is the lesser amount; requiring details of the estimated
timing of the dredging and a programme of the areas to be dredged; limiting the
number of operational days and limiting the operational days between the months
of November to February. In addition, comprehensive monitoring of the results
of the dredging operations and their comparison to the original survey are to
be carried out with a review of the forthcoming years dredging methods and
quantities to take account of the results found.
7. Conclusion and
Justification for Recommendation
7.1 Bembridge Harbour is a working harbour,
operational for many activities. The maintenance of a practically navigable
entrance corridor is, in principle, essential to the harbour’s operation and it
should be emphasised that this application seeks consent only for the carrying
out of maintenance works to keep that channel open. It should also be noted
that approval of such an application does not imply that other developments are
acceptable or unacceptable, each decision being taken on merit.
7.2 The natural coastal process has caused
silting of the channel which can only be rectified by the dredging of a
navigable corridor but in order to carry out such necessary works, limitations
on the operations to allow that to be achieved and at the same time safeguard
nature conservation interests should be imposed. It is concluded that the
limited operations, controlled by the conditions proposed will address the
nature conservation concerns allowing the maintenance of access to the harbour
and therefore conditional permission would be consistent with policies
contained within the UDP regarding leisure, tourism and nature conservation.
8. Recommendation
Approval.
Conditions/Reasons:
|
1 |
This
permission shall authorise the continuing engineering operation of dredging works
to maintain the access channel to Bembridge Harbour along its existing course
(consistent with the dimensions shown on the Shoreline Survey's Drawing No.
J022 002 received by the Local Planning Authority on 9 August 2006 attached
to and forming part of this decision notice) for a temporary period expiring
on 30 June 2009 on or before which date all dredging works shall cease
permanently unless the express permission of the Local Planning Authority has
been given in writing for a further temporary period. Reason:
To enable the Local Planning Authority to assess the impact of the
dredging, which is not considered to be suitable for permanent continuation
in the interests of the nature conservation value of the site and consistent
with Policies C8 (Nature Conservation as a Material Consideration), C9 (Sites
of International Importance for Nature Conservation) and C10 (Sites of
Importance for Nature Conservation) of the Isle of Wight Unitary Development
Plan. |
|
2 |
Within
one month of this consent a comprehensive operations scheme (Management
Protocol and Plan) shall be submitted to the Local Planning Authority for
approval. The agreed scheme shall include details of anticipated timing of
dredging (i.e. the specific days each month), maximum quantities of dredged material, details of equipment
and plant to be used in the process, details of which sections of the channel
to be dredged in which months, the route of approach to and from the working
area for plant. The number of operational days shall be kept to a minimum
between the months of November to February inclusive. Thereafter the
management protocol shall be strictly adhered to and no deviations shall
occur without the prior written consent of the Local Planning Authority. Reason:
To enable the Local Planning Authority to regulate the methodology of
the works in the interests of the
nature conservation value of the site and to comply with Policies C8 (Nature
Conservation as a Material Consideration), C9 (Sites of International
Importance for Nature Conservation) and C10 (Sites of Importance for Nature
Conservation) of the Isle of Wight Unitary Development Plan |
|
3 |
Only
sufficient sand and gravel shall be extracted from the area hereby authorised
to maintain the channel to the dimensions of the bathymetric survey
undertaken in 1999 or to a maximum for 20,000 cu metres annually, whichever
is the lesser amount. Details of the volume of the material dredged weekly
shall be submitted to the Local Planning Authority bi-monthly. Reason:
To restrict the dredging of material to the minimum necessary to
maintain the navigability of the channel whilst safeguarding the nature
conservation value of the site and to comply with Policies C8 (Nature
Conservation as a Material Consideration), C9 (Sites of International
Importance for Nature Conservation) and C10 (Sites of Importance for Nature
Conservation) of the Isle of Wight Unitary Development Plan |
|
4 |
The site
and topographical effects of the dredging works shall be monitored annually
in accordance with a scheme to be submitted within three months of the grant
of this permission to the Local Planning Authority for approval. The agreed monitoring scheme shall
determine the results of the dredging compared to the existing bathometric
survey from 1999 and data obtained in subsequent years in order to ascertain
if modifications to the dredging plan need to be made for the forthcoming
year. This information will be provided to the Isle of Wight Council
annually, Any adverse effect identified by the Local Planning Authority shall
be rectified during the subsequent 12 month period by adjustments to the
dredging regime in time for the subsequent monitoring event. Reason:
To enable the Local Planning Authority to consider and regulate the
dredging operations in the interests of the nature conservation value of the
site and to comply with Policies C8 (Nature Conservation as a Material
Consideration), C9 (Sites of International Importance for Nature
Conservation) and C10 (Sites of Importance for Nature Conservation) of the
Isle of Wight Unitary Development Plan |
|
03 |
Reference
Number: P/01207/06 - TCP/26116/A Parish/Name: Ryde - Ward/Name: Ashey Registration
Date: 10/05/2006 -
Outline Planning Permission Officer: Mr J Mackenzie Tel: (01983)
823552 Applicant:
Mrs Reed Demolition
of east wing (18 Upton Road) of Southfield; outline for residential development
of 14 houses with parking & vehicular access. land
between Node Close and, Rotary Court and north of, Southfield Gardens, Ryde,
PO33 The
application is recommended for Conditional Permission |
REASON FOR COMMITTEE CONSIDERATION
This is a major application and a request has been received from the local Member, Councillor Vanessa Churchman for it to be determined via the Development Control Committee.
1. Details of Application
1.1 This
is an outline application with siting and means of access to be considered at
this time and plans accompanying the application indicate a proposed site
layout and means of access to the site.
1.2 The proposal comprises the demolition of
approximately of one third of an existing building, the east wing of property
known as Southfield off Node Close and for its replacement with a terrace of
three dwellings and for the development of the rear garden with a further 11
semi-detached and terraced properties.
1.3 The
terraced properties on the site of the east wing of Southfield are shown to be
accessed off Node Close, at the northern extent of the site, in a position
which currently serves Rotary Court and number 18A. The remaining 11 properties
are proposed to be accessed from Node Close as well but via an extension of the
road at its southern extent where the present hammerhead abuts the western
boundary of the rear garden of the property.
1.4 The
11 properties are arranged around a form of courtyard with the turning head
situated centrally.
1.5 No
details of dwelling types have been submitted, but it is apparent that two
storey properties are proposed and each would have a gross floor area of
approximately 72 sq metres. Each has a parking space, some with short drives
and some in communal car parking areas within the small courtyard.
2. Location
and Site Characteristics
2.1 Site
has an area of 0.26 hectares, and irregularly shaped piece of land with overall
dimensions of 35 metres in an east to west direction, with a frontage to
Southfield Gardens of 32 metres and an overall north to south distance of 102
metres between Node Close and Southfield Gardens.
2.2 There
is a continuous fall from north to south of approximately 4 metres. The site is
surrounded by other residential properties comprising houses, bungalows and
flats of varying ages and appearance.
2.3 Southfield,
the east of which is to be demolished is a large, two storey yellow brick and
slate roofed dwelling served off Node Close which, in turn, is served off Upton
Road opposite its junction with Pelhurst Road.
2.4 Rotary
Court is situated immediately adjoining the site to the north east. It
comprises three blocks of four flats, two storeys in height constructed in
brickwork under brown tiled roofs but between Rotary Court and the site is
another residential property abutting the boundary, a two storey cottage
finished in stone and brick features under as brown concrete tiled roof and
separated from the site by a screen block and concrete block walling.
2.5 To
the west, on the northwest, southwest and southern sides of Node Close are
detached and terraced residential properties of a more modern appearance whilst
to the east, abutting Southfield Gardens, are two modern bungalows and a
further property, two storeys in height, accessed off St Michael’s Avenue.
3. Relevant
History
3.1 In
January 2004 an identical scheme was considered by the Committee who resolved
to approve it subject to the conclusion of a Section 106 Obligation which
required a financial contribution towards the improvement of the junction with
Upton Road, being part of the larger highway improvement scheme for the
Haylands area. However, the agreement remained unsigned, the planning
permission was never issued and due to the dormant nature of the matter, the
application was finally disposed of without a decision being issued or an
appeal lodged in November 2004.
3.2 Planning
permission granted in April 1991 for a detached house and garage within the
former grounds of Southfield Hall. Permission implemented and relates to the
property between the site and Rotary Court.
3.3 Outline
consent granted in March 1988 for five terraced houses, renewed December 1990.
Permission lapsed but a subsequent re-submission was approved in May 1994. Site
related to the southern area of the application site where it abuts Southfield
Gardens.
3.4 Full
consent granted in January 1999 for three pairs of semi-detached houses with
parking which involved the extension of the existing road and footpath,
relating again to the southern area of the current application site.
3.5 Full
consent granted March 2000 for demolition of part of Southfield and for a
further two pairs of semi-detached houses within the area of the current
application site consisting of the demolished wing of Southfield House and land
to the south of that area.
3.6 Both
of the above latter approvals involved the eastward extension of Node Close
which included the realignment of the cul-de-sac head to provide parking bay for
two vehicles.
4. Development
Plan Policy
4.1
National Policy Guidance
PPG3 – Housing dated March 2000 advises for provision of wider housing
opportunity and choice by including a mix of size, type and location of housing;
priority to re-using brownfield sites within urban areas; to create more
sustainable patterns of development and accessibility to services; promotes
efficient use of land by adopting higher densities (30/50 units per hectare);
reduction in off street parking with an emphasis on sustainable residential
development. However, new housing should not be viewed in isolation but should
have regards to the immediate locality.
4.2
UDP Policy
Strategic Policies S1, S2, S6, and S7 are applicable.
Detailed policies include:
G1 - Development Envelopes for towns and villages
G4 - General Locational Criteria for development
D1 - Standards of Design
D2 - Standards for Development within the Site
H4 - Unallocated Residential Development to be Restricted to Define Settlements
TR7 - Highway Considerations for New Development
TR16 - Parking Policies and Guidelines
U11 - Infrastructure and Services Provision
4.3
Specific reference is made to the housing need
survey which concludes that it continues to be a demand for 2/3 bedroom homes
to meet statutory homeless requirements.
4.4
Site is within the designated development envelope
within an area of residential use. It is not within a Conservation Area, an
Area of Outstanding Natural Beauty or under any other specific designation in
the UDP.
4.5 Site
is within parking zone 3 where a maximum of 0-75% parking provision should be
made. There is no requirement for transport infrastructure payment in this zone
3 site.
4.6 Development
is under 15 units and therefore not subject to the need for affordable housing.
5. Consultee
and Third Party Comments
5.1 Internal
Consultees
·
Highway Engineer points out that road safety audit
has not been carried out in connection with the proposal.
·
County Ecologist has inspected the site and finds
no evidence of badger setts.
·
Tree Officer acknowledges the site has been cleared
but two trees remain at risk and requires a tree survey or recommends refusal.
5.2 External Consultees
·
Southern Water point out that there is currently
inadequate capacity in the local network to provide foul sewage disposal to
service the proposed development but state that it is possible by removing some
of the existing surface water entering the sewer, additional foul flows could
be accommodated so long as there is not net increase in flows and recommend a
condition be impose such that development does not commence until an
appropriate means of foul sewerage and surface water disposal have been
approved in writing by the Local Planning Authority in consultation with
Southern Water.
·
Further representation from Southern Water advises
that “there is usually a technical solution to the problems of drainage for a
development site but which may not be economic. An appropriate robust condition
on drainage is usually sufficient and I would endorse this approach.”
5.3 Others
·
23 letters of objection from local residents (one
objector writing three times) on grounds of:
o
Overdevelopment and excessive density.
o
Increased traffic and inadequate access.
o
Inadequate drainage and potential for flooding.
o
Subsidence and ground instability.
o
De-stabilising effect on adjacent property.
o
The existence of a cellar beneath part of the site,
thus creating structural difficulties.
o
Questioning exterior finish of the building.
o
Loss of light and loss of privacy.
o
Pollution and noise.
o
Loss of trees.
o
Existence of a badger sett on site.
o
Loss of privacy and overlooking.
o
Excessive height.
o
Site is not a brownfield site.
o
Loss of the three metre strip onto Southfield
Gardens.
o
Raising concern over the finish to the external
appearance when demolition occurs.
o
Requesting road improvements in consent is granted.
6. Evaluation
6.1 The main issues relating to this
application are:
·
Policy and principle
·
Highways considerations
·
Drainage considerations
·
Impact on adjoining properties
6.2 Members
will see from the relevant history section above and from the details of
application that identical scheme was considered by the Committee in January
2004 when it was resolved to approve the scheme subject to the inclusion of a
Section 106 obligation. The obligation required the financial contribution
towards the improvement at the junction with Upton Road, being part of the
larger highway improvement scheme for the Haylands area. That agreement
remained unsigned and despite the resolution to grant permission, the
application was subsequently finally disposed of, i.e. with drawn by your
officers.
6.3 The
only difference between this submission and the previous one is that the
drawings of the proposed buildings, namely the elevations showing the external
appearance and design, have not been submitted even for guidance purposes. This
is because that when the resolution was made previously, your officers were
instructed to write to the agent advising him that the design of the buildings
was not considered acceptable.
6.4 This
is a brownfield site, part of the garden of an existing residential property
located within the designated development envelope and surrounded by other
residential properties and therefore, the principle of residential development
is accepted, consistent with the previous resolution. The previous resolution
was to approve the 14 dwellings in the layout as submitted and therefore the
density, the layout and the principle of residential development have been
resolved to be acceptable.
6.5 The
previous resolution was to approve the development subject to a financial
contribution which would enable road improvements to be carried out as part of
a comprehensive scheme for the area. This scheme is identical but at the time
of writing a road safety audit has not been received as part of this
application which does involve a major development. That being said, it is
clearly recognised that highway improvements need to be carried out albeit as
part of a comprehensive road improvement for the area, improvements which would
be implemented by the Council to standards which would comply with the
necessary road safety audit.
6.6 The
previous resolution, approving the development, was to attach a condition
requiring a fully detailed capacity study for drainage of foul and surface
water disposal to be carried out and n o development would be implemented until
such a scheme was submitted and approved. The scheme may have to include
attenuation measures to achieve a regime where flows did not cause flooding or
overloaded the system and preventing the occupation of the dwellings until such
a system had been installed and was operational. It is now apparent, due to a
recent investigation that there is currently inadequate capacity in the local
network to provide foul sewage disposal unless some of the existing surface
water entering the sewer was removed and disposed of elsewhere. I am advised by
my building control colleagues that this is an area where soakaways will not be
effective due to the underlying clay strata and it would appear that without
comprehensive investigations, that removing some of the surface water entering
the sewer thus allowing increased capacity of foul drainage could not occur.
6.7 Regarding
impact on adjoining properties, as the layout of the dwelling has already been
considered in the previous scheme and the current scheme is identical, the
impact on those properties is unlikely to be any greater than as previously
envisaged. No details have been submitted of dwelling types, especially
elevations where abutting boundaries with the adjoining properties is such that
overlooking or reduction in privacy can be assessed. However, bearing in mind
the previous resolution did not identify difficulties with the fenestration of
the proposed properties and any impacts that might have, it is not anticipated
that any difficulties would occur in any reserved matters application should
this application be successful.
6.8 With
regard to other issues raised by objectors it is clear that there is no
evidence of widespread subsidence or ground instability and any building
operation must have regard to possible adverse destabilizing effects on adjoining
properties. Whilst there is a cellar beneath part of the site, part of the
adjoining property, land ownership is a civil issue which cannot form part of
the determining process of this application.
6.9 The
application is an outline form and therefore matters of design and exterior
finish are not applicable at this stage and there is no substantiation for loss
of light. Building operations create a certain amount of disturbance during
that process which is inevitable but is not a reason to withhold permission
otherwise no development would ever take place on any site.
6.10 Most
of the trees in the centre of the site have been removed. None of the trees
were covered by any form of protection and, indeed, the previous approval
established the principle of development which would have involved clearance of
most of the site.
6.11 It
has been alleged that badgers were present on site but investigations have
concluded that there is no sett on the site and therefore their presence was
probably due to normal foraging.
6.12 As
this is a major application for in excess of 10 dwellings, contributions
towards Education, Transport Infrastructure and/or Highway improvements and
Open Space provision/maintenance are applicable.
7. Conclusion and
Justification for Recommendation
7.1 This is an outline application for
residential development on a site situated well within the defined development
envelope and surrounded by other residential property. Accordingly the
principle of residential redevelopment is satisfactory. Similarly, in January
2004 an identical scheme was considered by the committee who resolved to grant
planning consent subject to the inclusions of a Section 106 Obligation.
Accordingly it is considered that the principle of development for 14 units is
acceptable.
7.2 No details of the dwelling types have
been submitted. Density of the development computes at 53 dwelling units per
hectare, broadly in line with densities expected in redevelopments on
brownfield sites as advised in National Planning Guidance.
7.3 In terms of drainage, Southern Water
have confirmed that it may be possible to provide for the drainage of foul
sewage from the site by means of removal of the storm water element and
disposal elsewhere and, bearing in mind the recent Mornington decision, it
would seem appropriate to impose a Grampian type condition which prevents
development in advance of the production of a coherent and workable drainage
solution.
7.4 Accordingly, approval of this site for
residential purposes is consistent with National and Local Planning Policy as
detailed in the policy section above.
8. Recommendation
Conditional Permission.
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 design, external appearance of the buildings to be erected
and the 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 design and external appearance of the buildings 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 IW Unitary Development
Plan. |
|
4 |
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 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 provide for the payment of a sum to the Local Planning
Authority for the purposes of the provision of education facilities,
transport and road infrastructure and for the provision and/or the
maintenance of open space within the district. Reason:
To ensure the development does not put undue pressure on the
education, open space, transport infrastructure and highways within the area
in accordance with Policy U2 and TR7 of the IW Unitary Development Plan. |
|
5 |
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 IW Unitary Development Plan. |
|
6 |
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 IW Unitary Development Plan. |
|
7 |
Development
shall not begin until details of traffic calming measures to restrict vehicle
speeds and of a programme for their implementation have been submitted to and
approved in writing by the Local Planning Authority. Development shall be carried out in
accordance with the approved details, and the measures shall be completed
before the occupation of any part of the development or in accordance with
the agreed programme. Reason: In the interests of highway safety and to
comply with policy TR7 (Highway Considerations) of the IW Unitary Development
Plan. |
|
8 |
The
14 dwellings hereby permitted shall not be occupied until space has been laid
out within the site in accordance with the detailed plan submitted to and
approved by the Local Planning Authority for a maximum of 21 cars to be
parked and for vehicles to be loaded and unloaded and to turn so that they
may enter and leave the site in a forward gear. Space shall not thereafter be
used for any purposes other than that approved in accordance with this
condition. Reason:
In the interests of highway
safety and to comply with Policies TR7 (Highway Considerations) and TR16
(Parking Policies and Guidelines) of the IW Unitary Development Plan. |
|
9 |
Prior
to the occupation of any of the plots 1 to 11 inclusive, the 3 no. layby
parking spaces opposite 20 and 22 Node Close, as indicated on the plan hereby
approved shall be completed and ready for use and such parking spaces shall
be retained and maintained thereafter. Reason:
To ensure replacement of the casual parking provision similar to the
existing parking provision within the Node close and to discourage on-street
parking in compliance with Policy TR7 (Highway Considerations) of the IW
Unitary Development Plan. |
|
10 |
A
parking area and open space management plan, including management
responsibilities and maintenance schedules for the communal parking area in respect
of plots 1 to 11 inclusive and the open space area between plots 8 and 9
indicated on the plan hereby approved shall be submitted to and approved by
the Local Planning Authority prior to the occupation of any part of the
development. The parking area and open space area management plan shall be
carried out as approved. Reason:
In the interests of the amenities of the area and to comply with
Policy D1 (Standards of Design) of the IW Unitary Development Plan. |
|
11 |
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 of any kind shall be carried out
within 3 metres of Southfield Gardens without the prior written approval of
the Local Planning Authority. Reason:
To allow for future road improvements and to comply with Policy TR7
(Highways Considerations) of the IW Unitary Development Plan. |
|
12 |
Plots
12, 13 and 14 shall not be occupied until a means of vehicular access serving
those dwellings has been constructed in accordance with the plans to be
submitted to and approved by the Local Planning Authority in writing. Reason:
To ensure adequate access to the proposed dwellings and in compliance
with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan. |
|
13 |
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 IW Unitary Development Plan. |
|
14 |
No
development shall take place until a detailed scheme has been submitted to
and approved by the Local Planning Authority indicating the realignment of
the junction of Node Close with Upton Road. Such a scheme shall utilise the
wide area of the footway on the western side of the access road creating a
wider footway on the eastern side and shall provide for the repositioning of
the "Give Way" lines. No other development shall commence until the
scheme has been fully implemented in accordance with the agreed details. Reason:
In the interest of highway safety and to achieve visibility improvements
to the east of the junction of Node Close with Upton Road and to comply with
Policy TR7 (Highway Considerations) of the IW Unitary Development Plan. |
|
15 |
No
development shall take place until a detailed scheme including calculations
and capacity studies have been submitted to and agreed with the Local
Planning Authority indicating the means of foul and surface water disposal.
Any such agreed foul and surface water disposal system shall indicate
connection points on the system where adequate capacity exists or shall
provide for attenuation measures to ensure that any flows do not cause
flooding or overload the existing system. None of the dwellings hereby
approved shall be occupied until such agreed systems have been completed and
are fully operational. Reason:
To ensure an adequate system of foul and storm water drainage is
provided for the development and in compliance with Policy U11
(Infrastructure and Services Provision) of the IW Unitary Development Plan. |
|
16 |
The application
for approval of reserved matters required by condition 3 above shall include
details of the making good of the walls and roof of the adjoining property
(Southfield) following demolition of the property (No. 18) hereby approved
and the agreed scheme of making good shall be implemented and completed
within 3 months of the demolition. Reason:
In the interests of the amenities of the area and of the adjoining
property and to comply with Policy D1 (Standards of Design) of the IW Unitary
Development Plan. |
|
04 |
Reference
Number: P/01555/06 - TCP/05698/D Parish/Name: Newport - Ward/Name: Newport South Registration
Date: 19/06/2006 -
Full Planning Permission Officer: Miss S Wilkinson Tel:
(01983) 823552 Applicant: D N Associates Demolition
of buildings; proposed 3 storey block of 12 flats The
Old Chapel House and, 10 Union Street, Newport, PO30 The
application is recommended for Conditional Permission |
REASON FOR COMMITTEE CONSIDERATION
Local Member, Councillor Cunningham, has requested that the application is considered by the Development Control Committee because he feels there is insufficient on-street parking.
1. Details of Application
1.1 Full
planning consent is sought for the demolition of the existing former Chapel
House on site and construction of a three storey building to provide 12 flats.
1.2 Due to the town centre location of the
site and safety concerns of the existing access, it is a no parking scheme.
Provision has however been made for bicycle parking on site for each unit.
1.3 The
proposal comprises 12 one bedroom flats with all ground floor flats having a
small area of garden to the rear of the development.
1.4 Access
to the building is gained from Union Street. A proposed pedestrian access to
the rear will see the closing up of an existing car parking access to the site
at this point which is not considered to be useable or safe by Highways.
1.5 The
external design incorporates features of many buildings within Union Street
including the neighbouring flatted development, including projecting bays,
whilst standing alone in order that it can be read as a separate block.
2. Location
and Site Characteristics
2.1 The
site is located on the eastern side of Union Street a predominantly residential
area with the exception of a church which currently neighbours the site to the
north and a vehicle repair garage to the west.
2.2 Union
Street is of mixed character with three storey flatted development on both of
the southern corners of the site with two storey residential scale development
leading down Union Street towards Chapel Street.
2.3 The
roof of the building on site is in a structurally poor state of repair and of little
architectural merit, it is not considered to make a significant contribution to
the streetscene. Comments have been raised in regards to the historic merit of
the building which will be discussed in more detail within the evaluation.
3. Relevant
History
3.1 None
of the history of this site is relevant to the current application.
4. Development
Plan Policy
4.1
National Policy Guidance
·
PPG3 – Housing and PPS – Consultation Paper 3,
relating to housing are applicable.
·
PPG13 – Transport is applicable.
4.2 Strategic
Policies
The following Strategic Policies within the Unitary Development Plan are
applicable:
·
S1 - New development will be concentrated within
existing urban areas
·
S2 – Development will be encouraged on land which
has previously been developed
·
S6 - All development will be expected to be of a
high standard of design
·
S7 – Provision of housing units on the Isle of
Wight
4.3
The following Unitary Development Plan Policies are
applicable:
·
G1 - Development Envelopes
·
G4 - General Locational Criteria
·
D1 - Standards of Design
·
D2 - Standards for Development within the Site
·
D3 - Landscaping
·
H4 - Unallocated Residential Development
·
TR6 – Cycling and Walking
·
U11 - Infrastructure and Services Provision
5. Consultee
and Third Party Comments
5.1 External Consultees
·
Southern Water
5.2 Internal
Consultees
·
Highways recommend conditional approval
5.3 Others
·
Five letters of objection have been received and
one petition with 12 signatures the contents of these correspondence can be
summarised as follows:
o
Overlooking/loss of privacy
o
No parking
o
Over population of the area
o
Impact on character of the area
o
Over dominance
o
Loss of light
o
Maintenance of side elevations
o
Demolition of the existing building
6. Evaluation
6.1 The
determining factors in considering this proposal are considered to be as
follows:
·
Impact on the character of the area
·
Impact of the development neighbouring properties
·
Parking
·
Drainage
·
Planning Obligation
6.2 Impact on the character of the area
The proposed development involves the demolition of the existing
buildings on the site. These including an old chapel house and a small single
storey wooden construction garage; the latter building is in a poor state of
repair and has no architectural or historic merit. The old chapel house has
major structural problems in the roof which would need to be fully replaced.
The structural report submitted with the application states that if the roof
was to be replaced it is likely that the brickwork would have to be taken down
and rebuilt to a suitable level to take the new roof construction effectively
resulting in a re-build.
Objections
have been received in regards to the demolition of the chapel house as Albert Midlane
was said to have laboured there. This is not considered by planning to be of
sufficient merit to warrant the buildings retention, although an application
has been made to English Heritage for its listing by a third party on this
historical basis. The structural condition of the roof would also add question
to the suitability of this building for listing. It is not considered that the
building makes a significantly positive contribution to the street scene. The
site is not located within the Conservation Area of Newport; therefore we
currently have no control over its demolition.
The proposal has been developed and designed following a number of pre
application meetings. The aim of the design was to incorporate features of the
surrounding properties while also trying not to appear as an extension to the
neighbouring flatted development. It is considered that this has been
successfully achieved and the proposal would make a positive contribution to
the streetscene.
The design has been amended with the removal of a large parapet gable,
which was considered to be out of character with the area but was required to
ensure that there was not a need for external guttering that would in turn
require the boundary line to be pulled further into the site to allow for any
associated maintenance. As a design solution a small mansard has been included
with an internal gutter running behind overcoming both the design objection and
any maintenance requirement.
6.3 Impact
of the development on neighbouring properties
The proposal is of
comparative height to the neighbouring flatted development, which has a
bungalow to the rear. It is not considered that the proposed development would
create any further overlooking than is already experienced from the
neighbouring flats into either the bungalow or the courtyard/amenity area.
The proposal concentrates development
along Union Street allowing for adequate distance between the proposed building
and bungalows to the rear of the neighbouring flats in order to reduce any loss
of light to a minimum.
It is not consider that the proposal
would have an impact on the current amenity value of the Church to the north of
the site as the intercepting car park provides adequate distance between the
two buildings. There are no windows proposed in the side elevation and due to
the roof alterations discussed above the proximity of the proposed development
to the boundary would not lead to trespass of guttering etc as suggested by an
objector.
This is a large site, which has been sensitively
designed incorporating garden amenity areas to the rear in order to not be over
dominant to neighbouring central courtyard parking area. The neighbouring
development incorporates additional bungalow accommodation within the area to
the rear. This has not been included on this site to ensure that the proposal
will have a minimal effect on neighbouring properties.
6.4 Parking
The scheme is located close to the town centre so has been provided with
no parking but with bicycle parking for each unit. Original discussions
included an element of car parking being access from the existing access off
Trafalgar Lane. However, due to the narrowness of the Lane and the angle
required to get into the site, this element was removed following advice from
the highways officer.
The site is located within the Town Centre close to various means of
transport and therefore is considered as a sustainable location for no parking.
Additionally a car park is located within Chapel Street a short walk of less
than 100 metres.
6.5
Drainage
Southern Water originally objected to the
application on the basis of inadequate capacity in the drainage system and
requested that further investigative reports were undertaken. This additional
information has now been provided to Southern Water.
6.6 Planning
Obligation
The proposed development will attract the following contributions
through the condition for a 106 agreement:
Highways:
12 x 750 = £9000
Open
Space: 12 x 240 = £2,880
7. Conclusion and
Justification for Recommendation
7.1 Having given due regard and appropriate
weight to all material considerations referred to in this report, the proposed
development is considered to sit comfortably within the streetscene, relating
well to adjacent buildings and due to the location of the site as well as the
units only being one bedroomed it is considered acceptable as a no parking
scheme.
8. Recommendation
Conditional
Permission.
Conditions/Reasons:
|
1 |
The development
hereby permitted shall be begun before the expiration of 3 years from date of
this permission. Reason: To comply with Section 91 of the Town and
Country Planning Act 1990. |
|
2 |
No development
shall take place until samples of materials to be used in the construction of
the external surfaces of the development hereby permitted have been submitted
to and approved in writing by the Local Planning Authority. Development shall be carried out in
accordance with the approved details. Reason: In the interests of the amenities of the
area and to comply with policy D1 (Standards of Design) of the IW 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 (eg. furniture, play equipment, refuse or other
storage units, signs, lighting, etc); proposed and existing functional
services above and below ground (eg. 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
IW Unitary Development Plan. |
|
4 |
All
planting, seeding or turfing comprised in the approved details of landscaping
shall be carried out in the first planting and seeding seasons following the
occupation of the buildings or the completion of the development, whichever
is the sooner, and any trees or plants which within a period of 5 years from
the completion of the development die, are removed or become seriously
damaged or diseased shall be replaced in the next planting season with others
of similar size and species, unless the Local Planning Authority gives
written consent to any variation. Reason: To ensure the appearance of the
development is satisfactory and to comply with policy D3 (Landscaping) of the
IW Unitary Development Plan. |
|
5 |
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 IW Unitary
Development Plan. |
|
6 |
No
dwelling hereby permitted shall be occupied until space has been laid out and
surface in accordance with drawing number 23-06.6 revision 1.16 in accordance
with details that have been submitted to and approved by the Local Planning
Authority in writing for 12 bicycles to be parked. 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 IW Unitary Development
Plan. |
|
7 |
All
construction traffic related to the approved development will deliver, load
and unload at a location and at times to be approved in writing with the
Local Planning Authority. There shall be thereafter no variation from these
agreed times, unless otherwise agreed in writing with 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 IW Unitary Development Plan. |
|
8 |
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) of the IW Unitary Development Plan. |
|
9 |
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 been notified by the person submitting the same that
it is to the Local Planning Authority’s approval. The said Planning
Obligation will provide for contributions to open space and transport
infrastructure. Reason: To
ensure open space and transport provision is made in accordance with policies
L10 (Open Space and Housing Developments), TR7 (Highway Considerations for
New Development) of the Isle of Wight Unitary Development Plan. |
|
05 |
Reference
Number: P/01634/06 - TCP/13981/E Parish/Name: Ryde - Ward/Name: Ryde North West Registration
Date: 28/06/2006 -
Full Planning Permission Officer: Miss S Wilkinson Tel:
(01983) 823552 Applicant: The Salvation Army Trustee Co. Ltd. Demolition
of the Salvation Army Hall & development of a direct access hostel for
the homeless & new public car park; alterations to vehicular access
(revised scheme) Salvation
Army and, IWC public car park Green Street/, Station Street, Ryde, PO33 The
application is recommended for Conditional Permission |
REASON FOR COMMITTEE CONSIDERATION
This is a major application that has proved to be contentious and is within a prominent location within the Ryde development envelope.
1. Details of Application
1.1 Application
seeks full planning permission for the demolition of the Salvation Army Hall and
development for a 27 bedroomed direct access hostel for the homeless and new
public car park.
1.2 The
proposed scheme consists of 24 single bedsits, 1 accessible bedsit and 2, 1
bedroom flats.
1.3 Details
of how the establishment is proposed to be operated by the applicants are
attached as an appendix to this report.
1.4 The
building is proposed to be sited along the southern elevation of the site
fronting Green Street and turning the corner with a focal feature into Station Street.
The proposed building siting results in the car park being located to the rear
of the building, using the existing access and providing a pedestrian vehicular
access onto Green Street.
1.5 The
design has been significantly altered in consultation with officers following
the withdrawal of a previous scheme on this site. The current design
incorporates features that are common within the local area. The height of the
building respects the slope and land level changes of the site. A central
3-storey element allows for a break in the roof and adds to the design aim of
the building appearing as a row of separate units, rather than a large block,
reducing the scale and massing of the development.
2. Location
and Site Characteristics
2.1 The
site is situated on the corner of Green Street and Station Road with the
predominant element of the building running parallel to Green Street. A recent
development has been undertaken opposite the site on the Station Road elevation
comprising a two storey building. The streetscene off Station Road comprises
predominantly two storey terrace housing in a mix of red brick, stone and
render. The Police Station is also located on this road, its design is
considered atypical within this location and therefore not a specific reference
point. The character of Green Street is similar but comprising semi-detached
units all at two storey stepping down with the natural slope of the road.
2.2 There
are major land level changes on the site sloping south westwards with a fall of
approximately 4.5 metres over a length of 50 metres.
2.3 The
existing Salvation Army building, proposed for demolition, sits on the south
eastern corner of the plot neighbouring No. 21 Green Street. The rest of the
site is currently a Council owned public car park.
3. Relevant
History
3.1
P/00190/06 – TCP/13981/D – an application for the demolition of the Salvation
Army Hall and development of a direct access hostel for the homeless plus new
public car park was withdrawn in March 2006.
4. Development
Plan Policy
4.1 National
Policy Guidance
The following Strategic Policies with the Unitary Development Plan are
applicable:
·
S1 - New development will be concentrated within
existing urban areas
·
S2 – Development will be encouraged on land that has
previously been developed
·
S6 - All development will be expected to be of a
high standard of design
4.2 The following Unitary Development Plan
Policies are applicable:
·
G1 - Development Envelopes for towns and villages
·
G4 - General Locational Criteria
·
G10 – Existing Surrounding uses
·
D1 - Standards of Design
·
D2 - Standards for Development within the Site
·
H11 – Houses with multiple occupancy
·
TR7 - Highway Considerations for New Development
·
TR16 - Parking Policies and Guidelines
·
U11 - Infrastructure and Services Provision
4.3 The site is located within the
development envelope of Ryde.
5. Consultee
and Third Party Comments
5.1 Internal
Consultees
·
Environmental Health Department have requested
conditions be attached to any approval.
5
Others
·
40 letters of support have been received.
·
34 individual letters of objection have been
received and 264 letters of the same format with some additional points added
have also been received. The contents of all the objections can be summarised
as follows:
o
Should be located out of town
o
Increase crime and disorder
o
Close proximity to schools
o
Loss of light/overshadowing
o
Loss of parking
o
Increase in traffic congestion
o
Disturbance from building work
o
Increase in fear of crime
o
Use of alcohol etc. cannot be controlled outside of
the building
o
Overdevelopment
o
Loss of privacy
o
Increased hazards to highway users
o
Three storey is inappropriate
o
Effects on Ryde
o
Increased noise and disturbance
o
Number of staff
o
Reduces opportunities to widen Green Street
o
Impact on economy
o
Impact on local services, i.e. doctors
o
Loss of community hall and historical building
o
Sewage
o
Impact on Green Travel Plan plus Safer Routes to
Schools
o
Number of similar facilities in Ryde
o
Number of occupancy
6. Evaluation
The
determining factors in considering this proposal are considered to be as
follows:
·
Impact of the development on the character of the
area and amenities of neighbouring properties.
·
Whether the proposal is within a suitable location.
·
Fear of Crime
·
Highway impacts of car park changes.
6.1 Impact
of the development on the character of the area and amenities of neighbouring
properties.
The proposed development has been re-designed to sit comfortably within
the streetscene of both Green Street and Station Street. As discussed the
building has been designed to appear as separate units in order to reduce the
scale and massing that can be seen if the building would be viewed as one large
block. The proposal incorporates an element of three storey, this is not
considered to have an overbearing impact on any surrounding premises and allow
for a variation within the roof further contributing to the design principle of
the building. Due to the depth of the car park and width of Green Street and
Station Street it is not considered that the proposed development would lead to
an unacceptable level of overlooking or over dominance. The proposal is
considered to make a positive contribution to the streetscene.
6.2 Objections
have been received that the proposal would make it impossible to further widen
Green Street if this was required at any time. There is no plan currently to do
such works and as such the proposal should be considered on its individual
merits.
6.3 Concerns
have also been expressed that the proposal would lead to further use of an
existing footway and may result in additional hazards to pedestrians. The
proposal does not at any point reduce the available pavement abutting the
building and therefore is not considered to have an impact on this.
6.4 Whether
the proposal is within a suitable location
A number of objections have been received referring to the proximity of
the development to schools in the area, the existence of other similar
developments within the Ryde area and the location of the scheme within a
residential area close to the town centre. In respect of the location of the
site within a residential area, the use of the building for the basis of
planning is ‘sui generis’, in terms of the Uses Class Order. The proposal is
nevertheless for residential accommodation and therefore its location within an
existing residential area is acceptable. It is a requirement that the use is
located close to the town centre and in a sustainable location close to transport
links in order that residents can access the building easily and will be able
to travel to any jobs etc as required. The proximity of the school is not a
planning consideration when viewed in respect of use classes. However, fear of
crime must be considered. Although there are other similar facilities in the
Ryde area this is the only one for this age group.
6.5 Fear
of Crime
Within the Crime and Disorder Act planning has a responsibility to
consider the crime and disorder implications of a scheme and the fear of crime.
In respect of this scheme it is evident from the current level of objection
that it has lead to an increased fear of crime. However, one must consider
whether this is something that is perceived from the misinformation that has
been circulated in relation to the scheme. The main level of fear has been
associated with the proximity of the site to schools, specifically Greenmount
Primary. However, hostels such as that proposed have been located within
residential areas and close to schools in other towns around the country and as
this is a managed hostel within which the residence will gain training to
reintegrate into the workplace it is not considered that there is a risk.
Additionally as many residents will be housed within the hostel following
referral and will have undergone a full police check with the same procedure
being undertaken by those who enter through the direct access route. No known
sex offenders will be accommodated. Those who are accepted have other general
social issues. Acceptance to the hostel will be for the purpose of
rehabilitation and assistance to find self financed accommodation. Residents
are therefore unlikely to be a threat. One cannot give an assurance that there
will be no crime and disorder implications form the scheme, as this could be
said of any residential development. However, in this instance a successful
structured programme manages the accommodation. If any residents are of concern
they will be managed by ‘multi-agency protection panel arrangements’ (MAPPA).
MAPPAs provide help to improve current social concerns in other areas in which
they have been used.
6.6 Comments
have been made in respect of current crime levels in the area. However, a
development cannot be expected to aid current problems within the area it is
located. Additionally, there is no proof that the development would lead to
increased crime.
6.7 Consultation
has been undertaken with the Safer Communities Partnership whose concerns in
regards to the scheme where based on the proposed pedestrian access to the car
park and not the principle of the scheme. The access is also a concern of
officers and the highway engineer due to the location of a window in the side
elevation of no. 21 Green Street and the crime/fear of crime implications of
incorporating a narrow alley that does not provide a significant ‘short cut’.
6.8 Concerns
have also been raised that the police station is not policed 24 hours a day. To
our understanding this is not the case and although the front desk is closed
overnight the station is continually staffed.
6.9 Highway
impacts and changes to the car park
A significant number of concerns have been raised in respect to the car
parking associated with this development. This is mainly due to the wording of
various information stating that there would be no loss of car parking spaces.
To clarify, the current car park has 40 car parking spaces. These spaces
however are not compliant in respect of dimensions with Design Bulletin 32. As
such calculations were undertaken to establish that the current car park could
accommodate 35 fully compliant spaces and manoeuvering area. As a result the
proposed car park has been designed to accommodate the same number of fully
compliant spaces as could be accommodated within the existing car park. This is
in the opinion of planning officers the best development for the site. However,
a parallel issue although not a planning consideration runs along side this.
That being, car parking require that 40 spaces are provided within the new car
park in the same manner as the existing. This however is a requirement of the
land sale and not the planning permission. A condition has been placed on the
application that a minimum of 35 spaces be provided within the car park as this
is considered the most acceptable resolution to planning. However, in order
that the applicant can comply with any requirements of the land sale, this has
been stated as a minimum and evidence has been provided by the applicant that
in compliance with requirements of car parks, with substandard maneuvering
space but auto track information 40 spaces can be provided if that is so
required by other legislation.
6.10 The
development itself is not proposed to be served with its own parking provision.
This is considered acceptable due to residents not having vehicles and staff
numbers not being of a considerable level that would require additional parking
from the current public car park. Additionally, as this is a public car park
staff could park within it and pay and display the same as the general public.
7. Conclusion and
Justification for Recommendation
7.1 Having given due regard and appropriate
weight to all material considerations referred to in this report, it is considered
that the hostel is proposed in a suitable location, close to public transport
facilities and in an accessible location for residents who will not be mobile
by way of vehicles. The site is within an area identified within the Isle of
Wight Homelessness Strategy as in need of such a facility as it is one of the
greatest areas of homelessness on the island. The housing strategy states that
the Council hopes to establish a direct access hospital in partnership with the
Salvation Army. The hostel will be managed via a structured programme and there
is no justification for a belief that the use would lead to an increase in
crime. The design of the proposal is considered to sit comfortably within the
streetscene relating well to adjacent buildings and making a positive
contribution to the character of the area.
Recommendation -
Approval
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 IW 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 |
No development
shall commence until a plan depicting a minimum of 35 car parking spaces,
showing where necessary swept path analysis of manoeuvring areas has been
submitted to and approved in writing by the Local Planning Authority. Reason:
In the interests of highway safety and to comply with Policy TR7
(Highway Considerations for New Development) of the IW Unitary Development
Plan. |
|
5 |
Prior
to work commencing on site a detailed operational management plan shall be
submitted to and approved by the Local Planning Authority. Reason:
In the interests of the amenities of the neighbouring properties and
to comply with Policy D1 (Standards of Design) of the IW Unitary Development
Plan. |
|
6 |
This consent
shall enure solely for the benefit of the Salvation Army and shall not be
sold off to another management group without the prior written consent of the
Local Planning Authority. Reason:
To ensure the continued effective running of the hostel to a standard
that is acceptable by the Local Planning Authority, in the interests of
nearby residents and to comply with Policy D1 (Standards of Design) of the IW
Unitary Development Plan. |
|
06 |
Reference
Number: P/01716/06 - TCP/03595/H Parish/Name: Newport - Ward/Name: Newport North Registration
Date: 10/07/2006 -
Full Planning Permission Officer: Miss S Wilkinson Tel:
(01983) 823552 Applicant: Woodward Leisure Ltd Demolition
of buildings; residential development comprising five storey block of 50
flats with mixed residential and retail at ground floor level (revised
scheme) 15-17
St. James Street, Newport, PO30 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 This
application comes back to Members following the refusal of the previous scheme
for the redevelopment of this site on the grounds of drainage and design of the
rear elevation.
1.2 Application
seeks consent for the demolition of buildings and a residential development
comprising a five storey block of 50 flats with mixed residential and retail at
ground floor.
1.3 The
proposal comprises 40 one bedroomed flats and 10 two bedroomed. Flats are
accessed from an internal atrium between the two blocks and private walkways
bisecting the space above ground floor level.
1.4 Due
to the town centre location of the site it is a no parking scheme. Provision
has however, been made for bicycle parking for each unit.
1.5 The
external design incorporates features from the immediate locality with the
inclusion of bay windows, square dormers and mansard roofs. The ground floor
retail unit allows for a continuation of retail along St James’ Street where
the previous uses were a daytime stop in the freeflow of pedestrians.
1.6 The
front elevation of the building has been designed to appear as four separate
buildings in order to be more in keeping with the general character of St
James’ Street and is unchanged from the previous application.
2. Location
and Site Characteristics
2.1 The northeastern boundary of the site
currently backs onto a car park and the rear of a number of retail premises and
some residential properties. There is currently an alley that runs along the
rear of the existing building, which provides a shortcut from the car park and
Lugley Street to the High Street.
2.2 The application includes the demolition
of three buildings, the most substantial being Temptations Nightclub,
previously Newport Congregational Church. At the time of the conversion the interior
of the church was completely removed with only the front façade remaining. A
mezzanine floor supported by steel columns was inserted into the retained shell
and additional works were undertaken to the external structure of the building
including the insertion of fire doors and other works required for building
regulations, which have further altered the fabric of the original building.
The exterior of the building is now in a poor state of repair.
2.3 The other buildings on site are of
little architectural merit and do not make a significant contribution to the
street scene. They currently provide a stop within the street, interrupt the
flow of pedestrians.
2.4 The site is located within Newport
Conservation Area and has a number of listed buildings around the boundaries of
the site. The adjoining properties within the street scene are two storey and
two storey with accommodation in the roof space however the design of
properties within St. James Street are varied with some properties of greater heights.
3. Relevant
History
3.1 TCP/3595/B
– P/1216/01 – an application for a change of use from church and church hall
(Class D1) to music/dance hall (Class D2); external alterations including
formation of emergency escape doors and external staircase, Newport
Congregational Church, 16 St James Street was approved in October 2001.
3.2 CAC/3595/D
– P/01349/05 – conservation area consent for demolition was refused in December
2005 as at that time no acceptable replacement scheme had been submitted.
3.3 P/01415/05
– TCP/3595/E – an application was received for the demolition of buildings;
residential development comprising 5 storey block of 51 flats with mixed
residential and mixed retail and residential at ground floor level in 2005.
This application was however subsequently made invalid due to land ownership.
Four letters of objection were received in respect of this scheme, which has
subsequently been revised.
3.4 P/00888/06
– TCP/3595/F – an application for the demolition of buildings; residential development
comprising 5 storey block of 51 flats with mixed residential and retail at
ground floor level was refused in May 2006.
3.5 P/00654/06
– CAC/3595/G – Conservation Area Consent for demolition of buildings in
connection with residential development comprising 5 storey block of 51 flats
with retail at ground floor level.
4. Development
Plan Policy
4.1
National Policy Guidance
·
PPG3 – Housing and PPS Consultation Paper 3,
relating to Housing are applicable.
4.2 The
following Strategic Policies within the Unitary Development Plan are
applicable:
·
S1 - New development will be concentrated within
existing urban areas
·
S2 – Development will be encouraged on land which
has previously been developed.
·
S6 - All development will be expected to be of a
high standard of design
·
S7 – Provision of housing units on the Isle of
Wight
4.3 The following Unitary Development Plan
Policies are applicable:
·
G1 - Development Envelopes
·
G4 - General Locational Criteria
·
G10 – Existing Surrounding Uses
·
D1 - Standards of Design
·
D2 - Standards for Development within the Site
·
D3 - Landscaping
·
D11 – Crime and Design
·
B2 - Settings of Listed Buildings
·
B6 – Protection and Enhancement of Conservation
Areas
·
B7 - Demolition of non-listed buildings
·
B9 - Protection of Archaeological Heritage
·
H1 - New development within main Island towns
·
H4 - Unallocated Residential Development to be
Restricted to Define Settlements
·
H6 - High density residential development
·
TR6 - Cycling and Walking
·
TR7 - Highway Considerations for New Development
·
TR16 - Parking Policies and Guidelines
·
U1 - Infrastructure and Services Provision
·
R1 - Existing Town Centres
·
R2 - New
Retail Development
·
R4 - Development on Unidentified Sites
·
R6 - Areas outside Retail – Only Frontages
·
R8 - Residential Use of Upper Floors in Town
Centres
5. Consultee
and Third Party Comments
5.1 Internal
Consultees
·
Environmental Health Department have requested
conditions be attached to any approval.
·
Archaeology have requested conditions are attached
to any approval in respect of a watching brief to ensure that any historical
remains under the existing structure are preserved.
·
The Council’s Crime Prevention Design Advisor has
commented on the application stating that ideally he would wish to see the
alley way connecting the High Street with the car park accessed by Lugley
Street permanently closed, however as this is not possible within this scheme
appropriate lighting and railings need to be installed to protect the residents
of the ground floor flats.
5.2 External Consultees
·
The Environment Agency have raised no objection to
the proposed scheme.
·
Southern Water have requested a condition be placed
on the application if approved.
5.3 Others
·
Eight letters of support have been received.
·
Two letters of objection received, the contents of
which can be summarised as follows:
o
Inadequate drainage
o
Loss of light
o
Overbearing
·
Newport Management Committee have objected to the
application on the grounds of overdevelopment.
6. Evaluation
6.1 The
determining factors in considering this proposal are considered to be as
follows:
·
Impact of the development on the surrounding area
·
Overdevelopment
·
Highway Issues
·
Drainage Issues
·
Affordable Housing
·
Heads of Terms
6.2
Impact of the development on the surrounding area
When considering the impact of the development on the surrounding area
one must first examine the issue of demolition of the existing buildings and
more specifically the former church. The buildings known as Bar Blu and Coffee
Plus are of little architectural merit and do not make a positive contribution
to the street scene therefore the demolition of these is not considered to be
contentious. Concern has been raised by objectors however in relation to the
demolition of the former church building.
6.3 A structural engineers report has been
submitted examining the suitability of the building for conversion, also taking
into consideration the neighbouring buildings that are within the current site
area. The report has concluded that the size and scale of the current building
makes it unsuitable to be incorporated into the wider development of the site
and it would be unable to comply with fire regulations as an individual unit.
It is considered that the existing foundations of the building would be
inadequate for the increased loading that would result if floors were to be
incorporated into the existing structure to provided flatted development. The
windows within the elevations would oversail floor levels, which would present
a spread of fire risk as well as proving to create insulation problems.
Additionally the current building appears to have no visible damp proof course
to the solid walls. It is considered that the works that would be required to
convert the building would be both impractical and extremely expensive.
Therefore it was considered that the demolition was the most suitable course of
action in order to provide a redevelopment scheme and appropriate use for this
Brownfield site.
6.4 The
scheme has been designed in consultation with the Conservation and Design Team
Leader in order to develop a scheme in this central location that would not
have a detrimental impact on the character of the surrounding area. In
designing the scheme, the character of this zone within Newport Conservation
Area has been taken into account. The incorporation of bay windows at first
floor level and a vertical emphasis in the design with the building appearing
as a number of separate units in order to ‘break up’ the front elevation and
sit more comfortably within the multi-period conservation area and street
scene. Newport is characterised by buildings of varying heights and
architectural forms. The existing street scene sees a dramatic height contrast
between the single story café (Coffee Plus) and the Church. The scheme in front
of members allows for this contrast between buildings that characterises this
street scene. The proposed buildings ‘step up’ in height resulting in the
contrast being reintroduced into the street.
6.5 The
rear elevation of the proposed development has been redesigned following the
original refusal by Committee on the grounds of this element. The design of the
rear elevation now in front of Members is more traditional constructed of brick
with timber framed and clad window box design detail to give the appearance of
a mill style building. The rear elevation further respects the principle of the
design to the front elevation in appearing as a number of separate blocks in order
to break up the massing of the building.
6.6
The proposal has not been able to see the removal
of the alley between Lugley Street and the High Street but it does provide
increased surveillance and the building line has been designed so that one can
now see from one end to the other improving the current safety of this
‘shortcut’.
6.7
Objections have been received from the neighbouring
property in relation to the loss of light to first floor windows. This is not a
residential property and it is therefore considered that the proximity of the
development will not have a significantly detrimental impact on the usage of
the building with adequate light afforded by virtue of the existing alleyway.
6.8 Overdevelopment
The development comprises 50 living units which are predominantly one
bedroom therefore the density appears very high. However, this is a large site
within a town centre location and has been designed to make best use of the
space available by splitting the scheme into two blocks due to the depth of the
site being too great for one large building. Circular 6/98 states that “higher
densities should be encouraged on easily accessible sites” as well as advice in
PPG3: Housing outlining that LPA should “seek greater intensity of development
at places with good public transport accessibility such as city, town, district
and local centres.” The result of this provides an open atrium allowing for
light to enter into the internal facing windows as well as providing an area of
communal open space but private to residence. The atrium is bisected above
ground floor level by walkways, which provide the circulation route and a
defined personalised access. The atrium has been widened from the original
scheme in order to provide an unobstructed angle for sunlight into the central
void ensuring adequate daylight enters the space and the quality of environment
is maintained.
6.9 Although
this is a high-density scheme it has been designed with a break up of the
massing on the elevations, with functional space for refuse and bike storage as
well as providing an area of open space. In determining whether a scheme is
overdevelopment one must not consider formal calculations, with regards to
flatted development, as they will always give a distorted impression of density
of development. In such instances the proposal should be considered in relation
to its context and the resultant environment for both existing and proposed
residents. In this instance the proposal has been designed to sit comfortably
within the street scene, incorporating changes in height to respect the
existing variation in height of the building, which is a feature of special
interest within the conservation area. It also carefully considered the living
standards of the residents and provides low cost housing in an area of need. If
the development incorporated greater bedroom numbers per flat the density would
not appear as high but due to the scheme being predominantly one bedroom
accommodation as would be expected within a town centre location the density is
distorted.
6.10 Highway Issues
Due to the town centre location this scheme is within parking guidance
zone 1 in which no on-site parking either operational or non-operational will
be allowed. The proposal has been put forward in full accordance with policy as
a no parking scheme, but does provide secure bicycle parking for each unit.
6.11 The
scheme has been submitted with a project management and traffic management
report detailing how the development could be constructed without unacceptable
disruption to the free flow of traffic through Newport. This has been examined
by the Council’s Highway Engineer who is satisfied with the findings and
recommends conditional approval.
6.12 Drainage
A condition has been placed on the application in regards to drainage.
However, as the current nightclub has capacity for 600 persons and Bar Blu 285,
the flatted development is considered to result in a reduced net waste water
productivity, therefore not putting any additional strain on the system.
Southern Water supports this approach.
6.13 Heads
of Terms
The following
contributions would be achieved from the development:
Open
Space: 50 x 240 = £1,200
Education: 10 x 2145 = £2,145
Transport: 50 x 750 = £37,500
6.14 Affordable
Housing
The
scheme has been designed with the six ground floor units being in full
compliance of the requirements of the Housing Association. It is accepted
however that this is below the 30% requirement of affordable housing units in
this area. As a result the agent has provided information justifying a
reduction in the number of affordable housing units provided on the basis of
financial viability of the scheme. If Members feel that this information is not
sufficient they may wish to still require a condition to be placed on the
application specifying a requirement of 30% affordable housing.
7. Conclusion and
Justification for Recommendation
7.1 Having due regard and appropriate weight
to all material considerations referred to in this report, it is considered
that the redevelopment of this site for mixed residential and retail purposes
will remove a current nonconforming use from this location and provided much
need low cost housing with Newport town centre as well as allowing for a
continuation in the retail function of the area, in compliance with policies
contained within the Unitary Development Plan. The design of the proposed
schemes sits comfortably within the street scene and is not considered to have
a detrimental impact on the amenities of neighbouring properties or the
character of the conservation area.
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 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 IW Unitary
Development Plan. |
|
3 |
A form
of enclosure shall be erected along the length of the northeastern elevation
in a type, position and material to be agreed in writing with the Local
Planning Authority. Reason:
In the interests of the privacy and security of the residents of the
ground floor units and to comply with policy D11 (Crime and Design) of the IW
Unitary Development Plan. |
|
4 |
No
construction traffic shall enter the public highway during the construction
unless their wheels and chassis have been cleaned to prevent the material
being deposited on the highway. Reason: In
the interests of highway safety and in compliance with Policy TR7 (Highway
Considerations) of the Isle of Wight Unitary Development Plan. |
|
5 |
All construction
traffic related to the approved development shall deliver, load and un-load
at set times and locations, and to follow a set route, all of which are to be
agreed in writing with the Local Planning Authority prior to work commencing
on site. Reason:
In the interests of highway
safety and to comply with policies TR7 (Highway Considerations) of the IW
Unitary Development Plan. |
|
6 |
The
building hereby permitted shall not be occupied until space has been laid out
within the site in accordance with details to be submitted to and approved by
the Local Planning Authority in writing for 50 bicycles to be securely
stored. 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 IW 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 IW Unitary
Development Plan. |
|
8 |
The demolition
and construction works must be undertaken in accordance with details that
have been provided within the Project Management and Traffic Management
accompanying the application unless otherwise agreed in writing with the
Local Planning Authority. Reason:
To ensure that minimal disruption to the road network is experience
during works in accordance with policy TR7 (Highway Considerations for New
Development) of the IW Unitary Development Plan. |
|
9 |
Prior
to the use hereby authorised commencing, the Local Planning Authority shall
be notified of the intended activities and classified use of the proposed
retail premises. Upon receipt of this information the Local Planning
Authority shall specify measures to be taken by the applicant for the control
of any potential disamenity to the residential properties. The use hereby
permitted shall not commence until those measures have been completed by the
applicant to the satisfaction of the Local Planning Authority. Any measures
specified by the Local Planning Authority shall be maintained thereafter in
the premises whilst the use continues. Reason: In
the interests of the amenities of the area and to comply with policies G10
(Potential Conflict Between Proposed Development and Existing Uses), D1
(Standards of Design), R2 (New Retail Development) and R6 (Areas Outside
Retail-Only Frontages) of the IW Unitary Development Plan. |
|
10 |
Any
use approved under condition 9 shall not be altered without the prior written
consent of the Local Planning Authority. Reason: In
the interests of the amenities of the area and to comply with policies G10
(Potential Conflict Between Proposed Development and Existing Uses), D1
(Standards of Design), R2 (New Retail Development) and R6 (Areas Outside
Retail-Only Frontages) of the IW Unitary Development Plan. |
|
11 |
Prior
to the use hereby authorised commencing, the Local Planning Authority shall
be notified of the intended business hours of the premises. The use shall not
commence until these hours have been approved, or amended as necessary, by
the Local Planning Authority. Reason: In
the interests of the amenities of the area in general and future occupiers in
particular and in compliance with policies G10 (Potential Conflict Between
Proposed Development and Existing Uses) and D1 (Standards of Design) of the
IW Unitary Development Plan. |
|
12 |
No
development shall take place until the applicant or their agents has secured the
implementation of a programme of archaeological works in accordance with a
written scheme of investigation which has been submitted to and approved by
the planning authority in writing. To
facilitate monitoring of the on-site archaeological works, notification of
the start date and appointed archaeological contractor should be given in
writing to the address below not less than 14 days before the commencement of
any works:- The
Planning Archaeologist, County
Archaeological Centre, 61
Clatterford Road, Newport,
Isle of Wight. PO30
1NZ. Reason: In
order that information of archaeological and historical interest may be
recorded and to comply with the Act and to comply with policies B9 (Protection
of Archaeological Heritage) of the IW Unitary Development Plan. |
|
13 |
No
development shall take place until a detailed scheme including calculations
and a capacity study, have been submitted to and agreed in writing with the Local
Planning Authority indicating the means of foul and surface water disposal.
Any such agreed foul and surface water disposal system shall indicate
connection points on the system that adequate capacity exists, including any
reasonable repairs which may be required, or shall provide for attenuation
measures to ensure any additional flows do not cause flooding or overload the
existing system. No unit shall be occupied until such system has been
completed in accordance with the approved details. Reason:
To ensure an adequate system of 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. |
|
14 |
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 been notified by the person submitting the same that
it is to the Local Planning Authority’s approval. The said Planning
Obligation will provide for contributions to education, open space, transport
infrastructure and make provision for on-site affordable housing. Reason: To
ensure educational facilities, open space, transport provision and affordable
housing is made in accordance with policies U2 (Ensuring Adequate
Educational, Social Communities for Future Population), L10 (Open Space and
Housing Developments), TR7 (Highway Considerations for New Development) and
H14 (Locally Affordable Housing as an Element of Housing Schemes) of the IW
Unitary Development Plan |
|
07 |
Reference
Number: P/00968/06 - TCP/06980/B Parish/Name: Newchurch - Ward/Name: Newchurch Registration
Date: 26/04/2006 - Full
Planning Permission Officer: Mr R Chick Tel: (01983)
823552 Applicant:
Mr & Mrs L Goulden Two
storey extension to form garage with hobbies room over; two storey extension to provide additional
living accommodation, (revised scheme) Ferndale,
Newport Road, Apse Heath, Sandown, PO360JR The
application is recommended for Conditional Permission |
REASON FOR COMMITTEE CONSIDERATION
The report has been requested by the Local Member, Councillor Mosdell on the grounds that the proposed extensions would be out of character with the existing pattern of development, degrading the character of the street scene and that the proposed roof plan would be impractical and visually unacceptable. Also concern relating to precedence with regard proximity to boundary.
1. Details of Application
1.1 This
is a full planning application for the extension of an existing property. The
proposal involves the extension of the building on both side elevations, presently
a detached two-storey dwelling located on the south side of Newport Road, Apse
Heath.
1.2 The
proposed extension on the east elevation of the property would involve the
demolition of an existing single storey garage and its replacement with a
two-storey extension comprising a garage, similar in size to the existing
garage, with living accommodation over. The extension would extend 3.4 m from
the side elevation of the property, being 6 m deep and 7.3 m in height to the
ridge tiles.
1.3 The
proposal would also involve the construction of a two-storey extension on the
west elevation of the property, which would comprise a bay window on the front
elevation, matching a bay window situated on the existing front elevation of
the building. The extension would be slightly set back from the front building
line of the existing property and would extend the property towards the western
boundary by 3.2 m. The extension would be 5.3 m deep and would be 7.2 m in
height to the ridge tiles.
1.4 The
elevation plans indicate that the proposed works would retain the existing
characteristics of the building, with traditional gabled and hipped roofs and,
stringing between the ground and first floor levels and traditional windows.
2. Location
and Site Characteristics
2.1 The
site is located on the south side of Newport Road, Apse Heath, which is outside
of the development envelope. The area is predominantly residential in
character, although surrounded by open countryside. The locality comprises a variety
of building types, including terraced properties and larger detached
properties. The application property and neighbouring properties are sited in
similar proximity to the highway, although the wider street scene comprises a
mix of sitings.
2.2 The
application property is a two-storey detached dwelling house, constructed of
red brick with stringing between ground and first floor levels and a slate
roof. The property is a traditional Edwardian era house, with a bay window
fronting the highway and an attached timber fronted single-storey garage on the
east elevation, set back from the building line of the property. The property
is set within a substantial garden.
2.3 The
property to the east of the site is a detached two-storey dwelling, situated a
moderate distance from the site. To the west of the site is a run of
properties, with a substantial gap separating them from the application site.
3. Relevant
History
3.1 P/00370/05
– TCP/6980/A – Two storey extension to form garage with hobbies room over; two
storey extension to provide additional living accommodation – refused April
2005 due to the intrusive nature of the
flat roofed extension in relation to the street scene and existing surrounding
dwellings. In addition, the application was not supported by side and rear
elevations and therefore the information submitted was inadequate and deficient
in detail to allow the Local Planning Authority to consider in detail, the
effects that the proposal would have had on neighbouring properties.
3.2 The
Officer’s report, although advising the scheme to be refused, did state that
the proposed extension on the western elevation of the property had been
designed in keeping with the existing dwelling.
4. Development
Plan Policy
4.1 The site is located outside of 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 – All development will be of a high standard of
design
·
G4 – General Locational Criteria for Development
·
D1 – Standards of Design
·
H7 – Extension and Alteration of Existing
Properties
·
TR7 – Highway Considerations for New Development
·
Supplementary Planning Guidance (Extending your
Home)
5. Consultee
and Third Party Comments
5
Internal Consultees
Highways Engineer confirms that there are no highways implications.
5.2 Town/
Parish Council comments
Newchurch Parish Council has no objection to the proposal.
5.4 Neighbours
One letter of objection from a neighbouring property on grounds of:
·
Extension on western elevation of the property
would be imposing
·
Extension on western elevation would extend to the
boundary line and would restrict maintenance of the property
·
Scaffolding would be erected on neighbouring land
during construction
6. Evaluation
6
The main issues relating to the application are:
·
Policy and principle, size, design and layout in
relation to original property
·
Impact on the prevailing street scene
·
Impact on neighbouring properties
·
Highway considerations
6.2 The site is located outside of the
development envelope, although within an area of ribbon development comprising
a variety of housing types. The application property is set within a substantial
plot with dwellings either side.
6.3 The proposed extension on the western
elevation of the property would appear subservient to the existing dwelling,
being slightly set back from the front building line of the property. In
addition the ridge height of the roof is lower than that of the existing
building. The size, scale and design of the extension are considered to be in
keeping with the existing dwelling and the design of the bay window and
matching brick stringing compliment the existing property. In addition, revised
plans have been submitted, detailing a revised roof plan, which would result in
the extension appearing more in keeping with the existing building. The
extension would be positioned close to the site boundary, although a
considerable distance from the neighbouring property, with a high hedge
separating the properties and therefore I do not consider that the proposed
extension would be imposing when viewed from the neighbouring properties to the
west of the site.
6.4 With regards to concerns relating to
scaffolding being erected on neighbouring land during construction of the
proposed extension and maintenance issues once the development is completed,
these are civil matters and not a material planning consideration that can be
considered during the determination of this application.
6.5 A small side elevation window is
proposed at first floor level, serving an en-suite bathroom. It is not
considered that this window would impact upon the amenities of the neighbouring
property, although a condition would be imposed requiring obscure glazing and a
top hung window.
6.6 The proposed extension to the east of the
property is also of a subordinate nature, being set back from the front
building line of the property, with a lower roof than the existing dwelling.
The size scale and design of the extension is considered to be in keeping with
the existing property. There is a neighbouring property close to this element
of the scheme, with large side elevation windows looking onto the application site.
However, it is considered that the distance between the properties mitigates
any overshadowing and no windows are proposed in the side elevation of the
extension, which would have resulted in overlooking. Having spoken with the
Highways officer, it is clear that the replacement garage is acceptable for
storage of vehicles.
6.7 It
is considered that the proposed extensions would be in
keeping with the prevailing pattern of development in the locality and
therefore would not be intrusive additions to the existing street scene. In
addition, it is considered that the appearance of the rear of the property
would be simplistic and in keeping with the existing dwelling.
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 of this property is acceptable and that
the proposal will not detract from the amenities of the surrounding locality or
neighbouring properties. In particular, it is considered that the design of the
proposed extensions would be in keeping with and compliment the existing
dwelling.
8. Recommendation
8
Conditional permission.
Conditions/Reasons:
|
1 |
The development
hereby permitted shall be begun before the expiration of 3 years from the
date of this permission Reason: To
comply with Section 91 of the Town and Country Planning Act 1990 |
|
2 |
The materials to be used in the construction
of the external surfaces of the extension hereby permitted shall match those
used in the existing building. Reason: In the interests of the amenities of the
area and to comply with policy D1 (Standards of Design) of the Isle of Wight
Unitary Development Plan. |
|
3 |
The
windows to serve the bathroom of the development hereby approved shall be non opening and 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. Reason: To protect the privacy of the neighbouring
property and to comply with policy D1 (Standards of Design) of the Isle of
Wight Unitary Development Plan. |
|
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 windows/dormer
windows shall be constructed in the eastern elevation of the development
hereby approved without the prior consent of the Local Planning Authority. Reason:
To protect the privacy of the neighbouring property and to comply with
policy D1 (Standards of Design) of the Isle of Wight Unitary Development
Plan. |
|
08 |
Reference
Number: P/01279/06 - TCP/27489/B Parish/Name: Newchurch - Ward/Name: Newchurch Registration
Date: 17/05/2006 -
Full Planning Permission Officer: Mr D Long Tel: (01983)
823552 Applicant: A M Structures Ltd. Change
of use from food distribution (Class B8) to general industrial (Class B2)
(revised description) (readvertised application) Woodlands
House, Embassy Way, Sandown, PO36 The
application is recommended for Conditional Permission |
REASON FOR COMMITTEE CONSIDERATION
Local Member has requested the application go before the Development Control Committee, as the premises should be retained for aircraft/airfield related uses and is contrary to Sandown Bay Regeneration Strategy.
1. Details of Application
1.1 This
is a full application.
1.2 Proposal comprises of a change of use
from a food distribution depot (Class B8) to a general industrial premises
(Class B2) involving composite manufacturing of marine and architectural
products including air compressors, industrial heating units and hand tools.
1.3 Proposal
utilises the existing access to the site off Newport Road, Sandown.
2. Location
and Site Characteristics
2.1 Site
is relatively flat being grouped with other industrial premises located on the
west side of Sandown airport. The building itself is at the southern end of the
line of buildings within this grouping.
2.2 The
site is accessed off an access track and serves industrial units and two
domestic dwellings located further to the north of the site.
2.3 The
land does undulate slightly over a longer distance but views within the site
are somewhat restricted by third parties. There is some vegetation surrounding
the site but makes no important landscape feature to screen this proposal.
3. Relevant
History
3.1 Change
of use from food distribution depot and storage (Class B8) to business/light
industrial unit (Class B1). Application withdrawn at applicant’s request.
3.2 Change
of use from food distribution depot and storage (Class B8) to coach storage and
maintenance application withdrawn at applicant’s request.
3.3 Change
of use from aircraft storage to storage and distribution (P/01338/01).
Application granted conditional permission.
3.4 Variation
of condition 2 on TCP/20677/G to allow Class B2 (General Industrial) use;
former aircraft museum, Sandown Airport, Embassy Way. Application granted
conditional permission and relates to adjoining premises.
4. Development
Plan Policy
4.1 National
Policy Guidance in the form of:
·
PPS7 – Sustainable Development in Rural Areas
4.2 Unitary Development Plan policies:
·
S4 –
Protection of Countryside
·
S6 –
High Standards of Design
·
G4 –
General Locational Criteria
·
G5 –
Outside Development Envelope
·
D1 –
Standards of Design
·
D2 –
Standards Within Development Site
·
C1 –
Protection of Landscape Character
·
C17 –
Conversion of Barns and Other Rural
Buildings
·
TR7 – Highway Considerations for New Development
·
TR19 – Airports
·
E3 –
Resist Development of Allocated
Employment Land for other uses
4.3 The
site is not within an Area of Outstanding Natural Beauty nor is it the subject
of any annotation regarding nature conservation.
5. Consultee
and Third Party Comments
5.1 Internal
Consultees
·
The Highway Engineer recommends conditional
permission. The engineer concludes that the change of use would not have a
significant increase in traffic generation in comparison to the existing use
and therefore recommends conditional approval on that basis.
·
The Environmental Health department raises no
objection as there will be no adverse impact to neighbouring units.
5.2 External Consultees
None
received to date.
5.3 Parish
Council comments
None
received to date
5.4 Neighbours/Local
Residents
Local
resident repeats objections made in respect of previous (withdrawn) submission
in that proposal is contrary to UDP Policy and Government guidelines, fact that
building is designed and sited for aircraft use and increase in intensification
and vehicular activity.
6. Evaluation
6.1 The main issues relating to this
application are:
·
Principle and history to the site
·
Highway considerations
6.2 The original intention of the unit was
for aircraft storage. A change of use to food storage and distribution was granted
in September 2001 as the original use was surplus to requirements. The basis of
the application then fell to policy C17 (Conversion of Barns and Other Rural
Buildings) which supports the conversion of rural buildings for appropriate
employment, recreation or tourism uses. The change of use was granted
conditional permission on that basis.
6.3 Although
Sandown Airport is undergoing recent change and review through the Sandown Bay Regeneration
Strategy the principle issue relates to whether the current B8 use can be
converted to a B2 use without any adverse impact to the local environment. The
regeneration strategy has not been adopted or finalized or subject to public
consultation and therefore very little weight can be given to this emerging
document. A number of other buildings within this cluster have been given
conditional permission for change of use from the aircraft related uses to
either B1 or B2 uses under the parameters of policy C17. Indeed Policy E3 seeks
to retain employment and details within application indicate 10 staff to be
employed involving the relocation of 7 existing staff members. Company is
relocating from East Cowes as new tenant is moving into their current premises.
Having obtained grant money, they are using funds to employ additional
personnel.
6.4 The
Local Member has expressed concern that the building should be retained for
aircraft related uses but the current use is not related to the airfield in either
use or ownership. The role of the Local Planning Authority is to ascertain
whether the proposed B2 use is acceptable in this location under the existing
policy constraints. The Environmental Health department raises no objection to
this application as there will be no adverse impact to surrounding land uses.
As previously noted there are a number of other B1 and B2 uses within this
cluster and therefore is reasonably grouped causing no adverse impact to
neighbouring land uses or in terms of visual impact.
6.5 When reviewing the recent history of the premises it has
been advertised for a substantial time period. The two applications that have
been withdrawn have not been related to the airfield. To date no related
aircraft uses have come forward for this building as the market has dictated
other uses. In light of this material consideration and those noted within the
evaluation this change of use is acceptable and does comply with planning
policy. There will be no adverse impact to neighbouring land uses and therefore
should be supported.
6.6 The Highway Engineer recommends conditional permission.
7. Conclusion
and Justification for Recommendation
7.1 The existing building is not used for
any form of aircraft related use but in fact has consented use as a food
distribution depot. Therefore the Local Planning Authority cannot require
retention of any aircraft related uses to the building. The application has to
be determined under policy C17 which requires that rural buildings should be
converted for appropriate employment, tourism or recreation purposes. It has
been established that there will be no adverse impact from the change of use
from Class B8 to B2 and therefore is principally accepted under this policy. There will be no alterations to
the building and so it stands on its own merits and under its current form. The
Highway Engineer recommends conditional permission as there will be no net
increase or decrease traffic generation. This is an appropriate change of use
and forms a cluster of other rural buildings used for similar purposes
complying with the requirements of Policy E3 in retaining a building in
employment use.
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 industrial
process as defined in the Town and Country Planning (Use Classes) Order 1987
(or any Order revoking and re-enacting that Order with or without
modification) shall be carried on outside the building hereby approved. Reason: In the interests of the amenities of the
area and to comply with policy P1 (Pollution) and D1 (Standards of Design) of
the IW Unitary Development Plan. |
|
3 |
No
equipment, raw materials, finished or unfinished products or parts, crates, packing
materials, derelict vehicles, vehicle bodies or waste materials shall be
stacked or stored on the site at any time except within the buildings or
storage areas identified for those purposes on the approved plans. Reason: In the interests of the visual appearance
of the site and the visual amenity of the surrounding area and to comply with
policy D1 (Standards of Design) of the Isle of Wight Unitary Development
Plan. |
|
4 |
No heavy
commercial vehicles shall service the premises hereby approved outside the
following times: 0700
to 1800 Mondays to Fridays 0800
to 1300 Saturdays not
at all on Sundays, Bank or Public Holidays Reason: To minimise
the disturbance to neighbouring residential properties and to comply with
policy D1 (Standards of Design) of the IW Unitary Development Plan. |
|
5 |
The
use hereby permitted shall not commence until space has been laid out within the
site and in accordance with details that have been submitted to and approved
by the Local Planning Authority in writing for cars and bicycles to be parked
in line with Appendix G (Parking Guidelines) of the Isle of Wight Council's
Unitary Development Plan 1996 to 2011 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. |
|
09 |
Reference
Number: P/01322/06 - TCP/27761 Parish/Name: Ryde - Ward/Name: Ryde North West Registration
Date: 19/05/2006 -
Full Planning Permission Officer: Mr D Long Tel: (01983)
823552 Applicant: Hepburns Town And Country Planning
Partnership Demolition
of porch; 2 storey extension to form end of terrace house 40
Newport Street, Ryde, PO332QB The
application is recommended for Refusal |
REASON FOR COMMITTEE CONSIDERATION
The application is made on behalf of an elected Member of this Council.
1. Details of Application
1.1 This
is a full application.
1.2 The proposal comprises of the demolition
of a porch and construction of a two storey extension to form an end of terrace
house with car parking.
1.3 Proposal
comprises of the removal of the porch serving main entrance to existing
dwelling which is then relocated to the front of the house. The construction of
a two storey one bedroom residential unit then attaches to the west side
elevation. Proposal also consists of a living room and large study which
alternatively could be used for a second bedroom. Plans show that the proposal
is set 2.6 metres off the frontage of the existing dwelling. The roof is
stepped and tied back into the original hipped roof.
1.4 The
agent indicates that the materials used for the proposal will match the
existing property.
2. Location
and Site Characteristics
2.1 The
area is typified by residential properties being semi-detached or terraced and
two storey in form. There is wide variety of character and design within the
area with aged and new properties being constructed having brick and rendered
elevations. Properties are both set on and off the highway frontage within the
immediate street scene.
2.2 The
site is of a relatively flat topography but does have a slight incline from the
highway.
2.3 Number
39 and 40 Newport Street sit as a semi-detached pair with good space about the
buildings standing on their own merit and prominence. These properties are
stepped back from the terrace properties to the east by 2 metres and are 8
metres in front of the property line to the west.
2.4 Number
41 Newport Street is set back 10 metres off the highway and is 4.5 metres away
from number 40 Newport Street. Number 41 is set tight to the boundary having no
space about the building.
3. Relevant
History
3.1 There
is no formal planning history to this site. Agent did undertake
pre-consultation advice from planning officers before the submission was
submitted. It was indicated that a planning application should be submitted as
the development was in the envelope and was accepted in principle. It was
indicated that the scale, mass and design of the building and its possible
impact to the amenities enjoyed by number 41 would have to be regarded and be
determined upon a site visit and through formal determination.
4. Development
Plan Policy
4.1 National
Policy Guidance in form of:
·
PPS1 – Delivering Sustainable Communities
·
PPG3 – Housing
4.2 Unitary Development Plan policies
·
S1 – Within Development Envelopes
·
S6 – High Standards of Design
·
G1 – Development Envelopes
·
G4 – General Locational Criteria
·
D1 – Standards of Design
·
D2 – Standards of Development Within the Site
·
B6 – Protection and Enhancement of Conservation
Areas
·
H5 – Infill Development
·
TR7 – Highway Considerations for New Development
4.3 Supplementary
Planning Guidance relevant to this determination is entitled ‘Residential
Infill.’
5. Consultee
and Third Party Comments
5.1 Internal
Consultees
·
Agents plan indicate that the site will accommodate
one parking space but the applications forms suggest both the existing and
potential property will have one space each. However the Highway Engineer is
minded based on various appeal decisions that the property is in zone 2 and on
the edge of zone 1 and would not object to one parking space being provided.
·
Conservation and Design Team suggest that the
proposal will not have an effect on the adjoining conservation area. However,
it was noted that the street comprises a mixture of traditional properties most
of which are small groups of Victorian cottages. These are linked in short
terraces or in pairs. There are also some larger buildings which have
distinctive features in the street. The buildings generally follow the line of
the road, although there is some variety in frontages of the individual blocks.
There are spaces between the groups of buildings which are part of the
character of the area and retain the individual identity of the blocks.
Proposal would appear to infill the gap between the existing pairs of cottages
and would not reflect the existing pattern of development, thus being a
dominant feature within the street scene when viewed from the west.
5.2 External
Consultees
No
comments received.
5.3 Parish/Town
Council Comments
No
comments received.
5.4 Third
Party Comments
Local
Member, Councillor Arthur Taylor suggests the application site is large enough
to accommodate proposal without affect to streetscene.
6. Evaluation
6.1 The main issues relating to this
application are:
·
Policy and principle of development
·
Scale, mass and relationships to the area and
neighbouring properties
·
Highway considerations
6.2 The
land is designated to be within the development envelope and so the principle
is accepted. Determination falls to scale, mass and relationship to the area
and neighbouring properties and whether there would be an adverse impact on the
visual amenities enjoyed by the neighbouring property or third parties.
6.3 Numbers 39 and 40 sit with small
defensible space off the highway frontage. The pair have space about the
building enabling the semi-detached properties to stand on their own merits in
an individual block. This is an important spatial characteristic for this pair
enabling the dwellings to sit comfortably within the street scene. By reason of
the distance and step from the terrace row, there is no reasonable impact to
the visual amenities enjoyed by the adjoining properties. Number 41 is further
stepped back off the highway by 10 metres and is 4.5 metres off the side
elevation to number 40. The spatial break and step within the property is
important to retain the character of number 41, enabling this unit to stand as
an individual block with adequate space about the building. Although the
property is tight to the boundary with no side access, the side curtilage to
number 40 does give a break within development enabling number 41 to stand on
its own merits. Retaining this space is important to protect the visual
amenities and stepping within this area and should not be infilled by an
inappropriate development that will affect this spatial characteristic.
6.4 Number 41 has two principal windows on the
front elevation at ground and first floors which are close to the boundary.
Proposal infills this gap, only being 0.4 metres away from number 41 at its
widest point. The land tapers as the proposal draws closer towards the highway
thus reducing the spatial distance to the boundary. By reason of the distances,
a 5.1 metres step from the existing property (No. 41) and the proximity to the
windows, officers are of the opinion that this is an excessive development that
will prejudice the amenities enjoyed by that property having an overdominant
and overbearing impact on that property. This relationship and height of the
proposal unduly affects the street scene and the amenities enjoyed by number 41
beyond what is reasonable for planning purposes. It is therefore recommended
that Members should refuse this application on that basis.
6.5 With regards parking provision, due to the
zoning requirements the allocation of one car parking space is considered
sufficient for this area and therefore the application is not recommended for
refusal on this basis.
7. Conclusion and
Justification for Recommendation
7.1 In
light of all the material considerations noted within the evaluation the
proposal infills a small gap and it will affect the setting of numbers 39 and
40 by taking away valuable space that contributes to the street scene and its
character. The space is also needed to protect the setting of number 41 which
is significantly stepped back along the side curtilage of number 40. This
provides a distinct visual break and contributes significantly to the character
within the locality and should be retained with no development. By reason of
the proposal siting close to the boundary and relationship forward of number 41
there would be adverse impact to the amenities of this property to warrant
refusal.
8. Recommendation
The
application is recommended for refusal.
Conditions/Reasons:
|
1 |
The proposal
would result in a significant loss of space about the building to the
detriment of the visual amenity and spatial characteristic of the street
scene removing the valuable contribution the space makes to the apparent
density and character of the locality and the setting and position of the
neighbouring property and is contrary to Policy S6 (To Be Of A High Standard
Of Design) and Policies H5 (Infill development) and D1 (Standards of Design)
of the Isle of Wight Unitary Development Plan and advice contained within
adopted SPG entitled 'Residential Infill'. |
|
2 |
The
proposal because of its position close to the boundary would be an over
dominant and overbearing addition causing an adverse effect on the amenities enjoyed
by occupants of the neighbouring property contrary to policies S6 (High
Standards of Design), G4 (General Locational Criteria), H5 (Infill
Development) and D1 (Standards of Design) of the Isle of Wight Unitary
Development Plan. |
|
10. |
Reference
Number: P/00069/06 - TCPL/20583/N Parish/Name: Arreton - Ward/Name: Central Rural Registration
Date: 17/01/2006 -
Full Planning Permission Officer: Mr C Hougham Tel: (01983)
823552 Applicant:
Mssrs A & N Gibbs Proposed
single storey building to form craft shop/reception area to include covered
entrance & display area;
alterations to vehicular access & formation of car park, (revised
scheme) Arreton
Barns, Main Road, Arreton, Newport, PO30 The
application is recommended for Conditional Permission |
|
11. |
Reference
Number: P/01651/06 - TCP/20583/P Parish/Name: Arreton - Ward/Name: Central Rural Registration
Date: 07/07/2006 -
Full Planning Permission Officer: Mr C Hougham Tel: (01983)
823552 Applicant: Arreton Barns Craft Village Retention
of buildings to include craft furniture marquee, farm produce shop,
woodcraft/sawmill building, craft cabin, craft/Christmas shop, demountable
ice cream cabin, children's Wendy house/Santa’s grotto & charity wishing
well feature Arreton
Barns, Main Road, Arreton, Newport, PO30 The
application is recommended for Refusal |
REASON FOR COMMITTEE CONSIDERATION
Application which involves the formation of a new car park was considered by Members at the meeting held on 9 May 2006 as the proposed development involved quite significant engineering works in a sensitive location which had attracted conflicting responses from internal consultees. Following a decision to defer consideration (see below) further discussions with the applicants agent and his clients have resulted in amendments to the submitted scheme in conjunction with the submission of a retrospective application for the retention of a number of buildings and structures throughout the site which do not have the benefit of consent.
When the application involving the proposed new car park was considered three months ago Members expressed concern about the likely impact in visual terms and the effect on the setting of nearby Arreton Manor. A view was expressed that the overall scheme might be improved if the area of land immediately adjacent to Main Road, presently used as overspill parking on an unauthorised basis, was included in the area covered by the new car park with the objective of eliminating or reducing the area shown in the application in order to mitigate against any adverse affects on the setting of Arreton Manor.
This decision precipitated an informal meeting with the Local Parish Council attended by the agent, his clients and the Case Officer. Notes prepared by the latter were circulated to interested parties after the meeting. Case Officer then met agent and clients on site to discuss possible amendments to the proposed car park scheme but also to make an assessment and offer advice in respect of the numerous unauthorised building/structures throughout the site and the unauthorised conversion/building works of former agricultural buildings in a northeastern corner of the site to the north of the pond and Arreton church and southeast of Arreton Manor. Following this meeting the Case Officer wrote to the agent offering detailed advice on the proposed development and the form/content of a retrospective applications for the unauthorised works; again this letter was widely circulated to interested parties.
Members are now required to determine two separate applications.
Application previously considered by the Committee with a revised scheme for the proposed car park.
Retrospective application to retain all identified unauthorised buildings/ structures on the site.
Second retrospective application in respect of the unauthorised works to the former agricultural buildings has now been received and will be processed and determined at a later date.
Case Officer has distributed a detailed notification letter to all interested parties including the Parish Council, the owners of Arreton Manor and the owners of Arreton Manor Farm as well as English Heritage and internal consultees including the Conservation and Design Team Leader, AONB Officer and the Area Highway Engineer. The view is taken that these applications need to be determined at the earliest possible opportunity in order to address present problems in respect of ‘on site’ parking so any responses from consultees and third parties will be reported to Members at the meeting.
The following report is the report considered by Members at the meeting held on 9 May 2006 with additions to deal with the revised proposals and the retrospective application.
1. Details of Application
1.1 This
is a revised scheme following on from an earlier application which was
withdrawn on officer advice in December 2005.
1.2 This
is a detailed submission which essentially comprises two constituent parts.
·
Proposed single storey building to form craft
shop/reception area to include covered entrance and display area occupying a
position presently taken up by a marquee for those who are familiar with the
site. The proposed building will be relatively low profile timber framed
construction clad in horizontal light stain timber cladding under a plain clay
tile roof providing approximately 85 sq metres of floor space which is less
than 1,000 sq feet.
·
Alterations and improvements to the existing
vehicular/pedestrian access onto Main Road and the formation of a large car
park capable of accommodating up to 200 vehicles on open land to the west of
the existing commercial/tourist complex. Proposed main car park will provide
spaces for up to 100 vehicles including disable parking with an adjacent
overflow parking area capable of accommodating a similar number of vehicles.
Application is supported by detailed drawings prepared by a landscape architect
who will be referred to in detail elsewhere in this report. Improvements to the
existing access will include quite substantial engineering works to improve
visibility and provide the necessary manoeuvering space for coaches and
delivery vehicles in combination with a right turn lane within the existing
carriageway on the recommendation of the Area Highway Engineer.
1.3 The
application is supported by the following documentation prepared and collated
by the applicant’s agent.
·
Planning and Design Statement which includes
sections on the following issues:
o
Car park proposal
o
Justification for the size and location of the
proposed car park
o
Access proposals
o
Footpath creation
o
New craft and reception building
o
Extending the tourism complex
Statement also makes reference to the prevailing special designations as
the site is within an Area of Outstanding Natural Beauty and is also within a
designated Conservation Area. Reference is made to extensive and lengthy
consultations prior to the submission of the first application and in the
intervening period following the withdrawal of that application leading up to
the submission of this revised scheme. The agent concludes with the following
observation.
The overall aim is to create a high quality tourist attraction which
builds on the success and popularity of the existing complex, while
complimenting the important buildings and landscape setting of the area. The
proposals represent a substantial investment and will lead to the creation of
additional jobs and opportunities for local craftsmen. We believe that these
proposals can be achieved in a sympathetic and attractive manner that will
provide and enhanced facility which will significantly benefit island tourism.
·
Business Statement prepared by the applicant gives
and outline of the family business partnership, the history of Arreton Barns,
the development to date, the craft units, an analysis of turnover including
coach and visitor numbers, financial information, proposed future developments
and support from local business. There is additional information in terms of visitor
numbers and financial turnover attached to this report.
·
Workplace Transport Risk Assessment and Survey
prepared in December 2005.
·
Letters of support from the local church warden, the
proprietor of the White Lion (PH), various craftsmen and retailers already
based at Arreton Barns and the Maritime Museum presently located at Bembridge
who apparently intend to relocate to Arreton Barns.
Information contained in this supporting documentation will be referred
to elsewhere in this report.
1.4 Revised proposals only
relates to the car park element of the initial application and the scheme in so far as it relates to the
craft shop/reception area including covered entrance and display area and the
alterations to the vehicular access onto Main Road remains unchanged. Revised
drawings essentially show a 25% reduction in the overall size in the proposed
car park but with ‘supplementary parking’ for up to 50 vehicles on the forward
part of the site close to Main Road which is presently used for overspill
parking on an unauthorised basis and has previously been the subject of
enforcement investigations. In practical terms, when compared with a scheme
considered by the Committee three months ago, this means that the northern most
limit of the proposed (overflow) car park has been reduced or ‘pulled back’,
away from Arreton Manor to a point that is parallel to and broadly equates to
the Dairyman’s Daughter (PH) on the opposite side of the unmade access track.
1.5 Overall size/number of spaces has been modestly
reduced but the general form of the layout of the parking has not been changed.
Parking now comprises six bays of permanent parking, including parking for the
disabled, on a stone chip surfaced area, a further three bays at the northern
end to be used as an overflow car park on a reinforced grass surface and an
overspill area for 50 vehicles at the front of the site.
1.6 Retrospective
application seeks approval for the retention of various buildings/structure including craft furniture marquee, farm
produce shop, wood craft/saw mill building, craft cabin, craft/Christmas shop,
demountable ice-cream cabin, children’s Wendy house/Santa’s grotto and charity
wishing well feature. In support of the application the agent offers the
following explanation:
Arreton
Barns has evolved over the past few years and become a successful tourist
attraction. As a result of this success some of the craft and related
activities have outgrown the available space and temporary buildings have been
constructed for their use. These buildings have also been within the curtilage
of the site and planning permission is sought for their retention.
Agent has explained that the temporary marquee will be replaced by the
proposed craft shop/reception area, if approved, and will be removed on
commencement of construction works for the new building during the forthcoming
winter period. He also offers a justification for the retention of the farm
produce shop based on interpretation and application of policy R2 which states
that this type of facility should be allowed where they serve a local need
and/or ancillary to a tourism or farming operation.
2. Location
and Site Characteristics
2.1 Members
will be familiar with this well established and popular tourist/commercial
attraction situated on the western edge of the village of Arreton to the north
of Main Road (A3056).
2.2 Those
that have visited the site will know that there is an existing access onto Main
Road which serves an unmade car park in front of a complex of converted
buildings and outbuildings comprising a large retail outlet, craft workshops
and a public house/restaurant (Dairyman’s Daughter) with various ancillary
facilities and attractions.
2.3 Unfortunately,
the success and popularity of this particular attraction has led to some
instances of unauthorised development and also, more importantly, the
unauthorised use of adjacent land as an overspill car park particularly during
the summer months.
3. Relevant
History
3.1 There
is a long, detailed and complex planning history relating to this particular
site leading up to the establishment of the present use which has now been
operating successfully for a number of years.
3.2 Pre-submission
discussions and negotiations in connection with the proposals now under
consideration have been ongoing for a considerable period of time and have
involved consultations and meetings with the AONB Officer, Conservation Officer
and the Area Highway Engineer. This culminated in the submission of a detailed
planning application in September 2005 which comprised four specific elements.
·
Single storey building to form craft/reception area
including covered entrance and display area.
·
Conversion of farm buildings to the rear of the
site for craft/display purposes
·
Alterations to vehicular access and formation of
car park
·
Retention of associated structures.
3.3 Following
the statutory advertisement period and the receipt of a number of responses,
mostly from specialist internal consultees, the Case Officer wrote to the
applicant’s agent in the following terms:
·
Decisions to refuse earlier applications for the
intensification of the existing use.
·
Background to the various unauthorised structures
and works on site which had resulted in the service of a Planning Contravention
Notice (PCN).
·
Detailed responses from the Head of Tourism, the
AONB Officer, County Archaeological Officer, Conservation Officer and Area
Highway Engineer.
·
Advice that the Council, as Local Planning
Authority, was unable to support the application for a variety of reasons.
3.4 Agent
was advised that essentially, he was asking the Council, against a background
of overarching tourist promotion policies, to support a significant
intensification and expansion of the craft centre with associated facilities in
a sensitive rural location where local planning policies set restrictive
criteria to control development. He was told that although these constraints do
not necessarily establish an assumption against all new development within the
existing curtilage and on recently acquired land adjacent Arreton Barns they
would require a thoroughly researched and well evidenced argument in support of
the proposals if the application is to be approved. Consequently, the agent was
advised that the application should be withdrawn and that any future submission
should be accompanied by a properly researched business plan, statistical
evidence on the number of visitors to the site and a detailed landscape
assessment.
3.5 Agent
and his clients accepted this advice and decided that the most appropriate way
forward was to provide the information required by the Case Officer in
connection with a rationalised application which focused simply on the new
craft/reception building and the proposed car park with associated improvements
to the existing vehicular/pedestrian access to the site.
4. Development
Plan Policy
4.1 National
Policy Guidance
National
polices that may be applicable to this particular submission.
·
PPS1 - Delivering Sustainable Development
·
PPS7 - Sustainable Development in Rural Areas.
·
PPG15 - Planning and the Historic Environment
·
PPG21 - Tourism
Most pertinent advice in this particular
case appears in PPS7 and PPG15.
In PPS7 Local Planning Authorities are encouraged to develop a policy
framework with the following objectives.
·
Support sustainable rural tourism and leisure
development that benefit rural businesses, communities and visitors and which utilise
and enrich, but do not harm, the character of the countryside, towns, villages,
buildings and other features.
·
Recognise that an area statutory designated for
their landscape, nature conservation or historic qualities, there will be scope
for tourist and leisure related developments, subject to appropriate control
over their number, form and location to ensure the particular qualities or
features that justify the designation are conserved.
· Ensure
that any plan proposals for large scale tourism and leisure developments in
rural areas have been the subject of close assessment to weigh up their
advantages and disadvantages to the locality in terms of sustainable
development objectives.
On the matter of tourist and visitor facilities paragraph 35 (ii) says:
Local Planning Authorities should allow appropriate facilities need to
enhance visitors’ enjoyment, and/or improve the financial viability of the
particular countryside feature or attraction, providing they will not detract
from the attractiveness or importance of the feature, or the surrounding
countryside.
In PPG15 paragraph 4.14 states that section 72 of the Act requires
special attention should be paid in the exercise of planning functions to the
desirability of preserving or enhancing the character or appearance of a
conversation area
4.2 Strategic
Policies
Relevant strategic
policies are as follows:
S1, S4, S5, S6, S10 and S11
4.3 Local Planning Policies
Relevant
Local Planning Policies are as follows:
·
G4 - General Locational Criteria for development
·
G5 - Development Outside defined Settlement
·
D1 - Standards of Design
·
D2 - Standards for Development within the Site
·
D3 - Landscaping
·
D12 - Access for People with Disabilities to
Buildings open to the Public
·
B2 - Settings of Listed Buildings
·
B6 - Protection and Enhancement of Conservation
Areas
·
E8 - Employment in the Countryside
·
T1 - The Promotion of Tourism and the Extension of
the Season
·
T2 - Tourist Related Development (Other than
Accommodation)
·
T9 - Small Scale Rural Tourism Development
·
C1 - Protection of Landscape Character
·
C2 - Areas of Outstanding Natural Beauty
·
TR3 - Locating Development to Minimise the Need to
Travel
·
TR7 - Highway Considerations for New Development
·
TR16 - Parking Policies and Guidelines
5. Consultee
and Third Party Comments
5.1 Internal
Consultees
·
Area Highway Engineer has submitted detailed and
comprehensive observations in support of his recommendation for conditional
permission including the justification, design and layout of the right turn
lane in Main Road (A3056), policy in relation to parking provision, layout and
control of the proposed car park, junction improvement, internal arrangements
and pedestrian linkage. He suggest the imposition of a number of conditions
including a Grampian type condition in respect of the works within the
classified highway; a management plan (or scheme) in respect of the proposed
car park; a wheel wash to ensure that the main carriageway is kept clear from materials
associated with extensive engineering works and a requirement for a full Stage
1 and 2 Safety Audit before any works to the highway can be undertaken.
·
AONB Officer reiterates her earlier concerns at the
level of intervention required to mitigate for this development although he
accepts that this is likely to be less than she previously envisaged. If
approved, she wants to see strict conditional control and some degree of
community benefit in connection with the use of the new car park. She concluded
in the following terms:
“While we still have concerns with the proposal for the car park, given
that the site currently has capacity problems associated with unauthorised
parking in a more visually prominent area and given the fact that the
applicants own this parcel of land it would appear to be the best solution to
the current problems. We wish to withdraw our objection to the application but
wish to see a landscaping condition in order that the final, layout of the car
park should be approved in writing by the Local Planning Authority.”
·
Council’s Conservation and Design Team Leader
objects to the application. She has expressed concerns about the wider context
of the proposed development including future aspirations and the level of
unauthorised structures, signs etc. she has asked that if the current
application is to be processed and determined favourably it is made clear that
it is without prejudice to the consideration of any unauthorised works, and
that an investigation is carried out urgently to clarify the situation.
However, the principle of concern relates to the proposed car park, where she
states:
….the level of engineering work required to create an attempt to “hide”
this intrusion into the countryside clearly indicates to me that it is an appropriate
form of development in this location. The boundaries do not relate comfortably
to the feel pattern so appears as an alien intrusion in terms of its shape as
well as it’s over engineered ditches, banks and bundings. In addition, the
formality required to regulate the parking layout, even at this level, is over
regimented for such a rural location. This along with “orchard” planting and
lighting and no doubt signage renders this proposal inappropriate and harmful
to the character to the Conservation Area.
In similar terms she also identifies that in her view the alterations to
the existing vehicular access will suburbanise this rural location and
exacerbate the erosion of the simple rural character of this part of the
Conservation Area.
She submitted her observations before a recent meeting with the
applicant’s agent prior to the compilation of this report. However, she has
since reaffirmed her objections to the scheme.
In terms of the revised parking area, she is of the opinion that the
formality of the scheme is reduced and with a rigorously enforced landscaping
regime she is willing to withdraw her previous objection to the car park and
reception building. With regards the unauthorised buildings she maintains her
objection on the grounds that they have the character and appearance of the
Conservation Area having the setting of the listed buildings and are of poor
design, contrary to the Act, advice in PPG15 and relevant UDP Policies.
5.2 External Consultees
·
English Heritage have indicated that they do not
wish to comment in detail on the application but have nevertheless submitted
some general observations.
·
They would prefer to see the proposed car park
moved further away from Arreton Manor, probably using the narrower field,
immediately adjacent to Main Road.
·
They recommend that the application should be
determined in accordance with Nation and Local Planning Guidance and on the
basis of our specialist conservation advice.
·
Town/Parish Councils
Arreton Parish Council object to the application for reasons that are
very similar to those from the owner of Arreton Manor (see below).
5
Neighbours
·
Representations have been received from the owners
of Arreton Manor, which as Members know is located to the north of Arreton Barns
with access off Downend Road and to the northeast of the proposed car park, and
the owners of Arreton Manor Farmhouse, which his behind the Dairyman’s
Daughter.
o
Owners of Arreton oppose the proposed car park
because of its close proximity to the Manor which is a historic building of
great importance and the setting today is not dissimilar to how it would have
been hundreds of years ago. They feel that a car park with a capacity of up to
200 cars is excessive in a rural location.
They also express concern at the relationship between the proposed car
park and the Manor pointing out that their own car park is more than sufficient
for their own visitors. They suggest that the car park should be redesigned
based on the existing parking facility and the existing (unauthorised) overflow
car park in order to minimise any adverse effect on Arreton Manor.
o
In similar terms the owners of Arreton Manor
Farmhouse which is behind the Dairyman’s Daughter (PH) support general
improvements to Arreton Barns as a tourist attraction but have concerns about
the proposed car park based on the likelihood of increased pedestrian
movements, light pollution, noise and fumes. They are also concerned about the
adequacy of the surface water arrangements.
They suggest an alternative arrangement to improve the “on-site” parking
facilities not dissimilar from those put forward by the owners of the nearby
manor.
It has been
explained in the earlier part of this report that the revised scheme in respect
of the proposed car park has been the subject of a widely circulated detailed consultation letter with
all interested parties. Retrospective application has been advertised in accordance with our standard publicity
procedure. Any consultee responses and third party representations will feature
in the schedule of late representations for Members information prior to the
Committee being asked to determine the applications.
6. Evaluation
6.1 There are a substantial number of issues
that need to be taken into account in connection with the determination of this
application. It is important to understand the principle material
considerations in connection with the proposed development and the particular
constraints relevant to the expansion or intensification of an established
tourist/commercial outlet in a specially designated rural location. In the
broadest possible terms these can be summarised in the following way.
·
Desire to improve and enhance the attractiveness of
an important fast developing tourist (and commercial) attraction.
·
Aim to promote the conservation and enhancement of
the AONB in accordance with the Countryside and Rights of Way Act 2000.
·
Need to protect and enhance the character and
amenities of a designated Conservation Area in accordance with the Listed
Buildings Act 1990, National Policies contained within PPG15 and our own Local
Planning Policies.
·
Requirement to provide a safe means of access to
the site and adequate “on site” parking facilities appropriate to the level of
activity on the site, meeting the requirements of the Area Highway Engineer as
well as controlling the degree of visual intrusion because of the importance of
this particular location.
6.2 In
my view it is also important to understand the ascendancy and almost inevitable
operational difficulties and pressures created by this success of this
tourist/commercial venture originally based around some semi-derelict
agricultural buildings on the outskirts of Arreton within the designated
Conservation Area for the village and with the Area of Outstanding Natural
Beauty. Quite clearly this is not an ideal location particularly from a
sustainability aspect in terms of transportation although this in itself is not
untypical of numerous tourist attractions on the Island. It should be noted
though that others have largely developed around a particular landscape feature
and/or an inherent need for a rural location.
6.3 Nevertheless
this is a well established attraction popular with both residents and visitors
to the Island. Council, as Local Planning Authority, is responsible for
controlling the intensity of this development which, in my opinion, falls into
two very distinct areas.
·
Essential works needed to sustain the present level
of use with the craft shop/reception area with covered entrance and display
area, improving the general facilities and hopefully replacing the majority of
unauthorised and/or temporary structures and additions presently on site and
providing a purpose designed car park with improvements to the existing
vehicular access to provide adequate “on-site” parking facilities to handle the
number of visitors to the site.
·
Potential further expansion and intensification of
the commercial/tourist use including conversion of former agricultural
buildings, establishment of a picnic area etc.
6.4 Following
negotiations some months ago with the agent and his clients, a decision was
taken to focus this particular application on the former and to review the
possibility of further expansion and intensification at a later date.
Notwithstanding comments form the Conservation Officer this is regarded as the
best way to approach the present capacity difficulties rather than trying to
address that problem in combination with yet further development that could
further increase the number of visitors to the site.
6.5 The
proposed single storey building to form a craft shop/reception area including a
covered entrance and display area is positioned at right-angles to the main
building(s), known as the Corn Exchange, where the applicants currently have a
marquee which has been on site for some considerable period of time. This is a
low profile building of timber frame construction finished in timber cladding
and clay tiles appropriate in this rural location and in keeping with the
character of the site. Providing the construction and use of this building is
in combination with the removal of the various unauthorised and/or temporary
structures it is considered that it is likely to preserve and enhance the
character and amenities of the area and, on this basis, there is no objection
to this part of the application.
6.6 Without
any doubt the most contentious aspect of this application is the formation of a
large car park and, to a lesser extent, alterations and improvement to the
existing access onto Main Road. This is a matter of balancing the need and
justification for the car park, both in terms of position and size, against the
obvious policy constraints in a sensitive area which have been expanded and
highlighted by expert internal consultee responses from the AONB Officer and
the Conservation and Design Team Leader.
6.7 Anyone
who is familiar with this particular attraction will know that its success has
created noticeable parking difficulties due to the limited size of the existing
car park which has resulted in the unauthorised use of land adjacent to the
Main Road as an overspill car park at various times mostly during the summer
months. This is a most unsatisfactory situation and if this unauthorised use
continues during the coming months, the Council, as Local Planning Authority,
will be under an obligation to consider their discretionary powers in terms of
possible enforcement action. Nevertheless the current situation is adequate
evidence of need for increased parking facilities.
6.8 Having
established the need it is important to examine the overall size of the
proposed car park and the number of “on-site” parking space that will be created if this application is
approved. Agent has stated in his supporting statement that it is essential
that the proposed car park is of a sufficient size to meet the current and
“reasonable future needs” of the complex without the need for any further
overspill facility. On this basis, he claims that the peak overspill
requirement is about 170 cars and, in his view, it seems reasonable to allow
for future growth of about 15% in terms of overall demand. He comments:
“It
must be recognised that any reduction in the capacity of the proposed car park
could threaten the viability of not only the future development plans for the
site, but also its current activities.”
6.9 His
view is that as the attraction becomes more popular, visitors to the site are
likely to stay longer and that this would inevitably lead to greater overlap of
visitors and the need for a larger parking area. He accepts that, if approved,
conditions would prevent any other land being used as an overspill area and a
finite capacity of the site would be achieved.
6.10 These
views would seem to be verified in the Business Plan prepared by the applicant
which examines the last three seasonal periods in terms of the number of
employees, financial turnover, weekly day time visitor numbers and daily
overspill car park requirement. On this particular aspect it is clear that the
existing authorised car parking facilities for up to 70 vehicles including
visiting coaches, is wholly inadequate and the agent and his clients have
attempted to demonstrate what would be the optimum number of spaces with some
allowance for future modest expansion of the business.
6.11 Based
on collective local knowledge of the present situation and in the absence of
any evidence to counter the information included in the application, it would
be difficult to sustain an objection against the overall capacity of the proposed
car park if the Council wishes to avoid unauthorised overspill in adjacent
areas, potential traffic congestion and parking outside the site which could
result in potential hazards and also be visually intrusive. Certainly, the Area
Highway Engineer is not objecting to the overall size of the car park but, of
course, it is the size of the area which is one of the principal concerns of
the Conservation and Design Team Leader in this sensitive rural location.
6.12 The
final consideration in terms of the proposed car park is its position; the
degree of engineering work in terms of levelling, land molding, bunding etc,
and the level of mitigation in terms of landscaping and relatively intensive
planting in order to decrease, in the longer term, the amount of visual
intrusion and the associated loss of amenity in terms of the character and the
appearance of the AONB and this part of the designated Conservation Area.
Submitted drawings indicate that the existing parking area will become a
dedicated parking area for coaches, disabled persons and staff with an area
close to the main building(s) to be used for summer exhibitions and winter
parking. In order to create the new car park there will be engineering works to
level the area with landscaped bunding inside a land drainage ditch around the
western and northern edge of the car park which has been designed to partially
screen the area during the interim period and largely screen the whole area in
the longer term when the extensive planting programme matures. The main part of
the car park, which will be in regular use, comprises a formal layout of almost
100 spaces in six horizontal bays with a separate entrance and exit onto the
improved access drive leading back to Main Road. This area will be physically separated
from the northern part of the car park, which will be used for overflow
purposes, by rustic post and rail fencing including a timber gibbet barrier and
a hedgerow. It is important to note that the main car parking area will have a
stone chip surface while the overspill area will be a reinforced grass seeded
meadow with access controlled by barriers. A feature of the car park area will
be a planted orchard with necessary low level lighting. In support of this part
of the overall scheme the applicant’s agent says:
……site
for the car park is considered to be the best possible location, not only
because it will be immediately adjacent to the new entrance area, but because
it is the lowest area of land, where the opportunities for excavation, bunding
and landscaping to screen the car park from surrounding areas are greatest.
6.13 The
argument put forward is that this area is now and will be in the future less
visually obtrusive than the area closer to Main Road preferred by the owners of
Arreton Manor and Arreton Manor Farmhouse and the Parish Council.
6.14 If
Members accept the submitted evidence
in respect of need and the justification for the size of the car parking
facility, in connection with the dedicated use of the existing car park, it
would seem that in practical, operational and visual terms, it is, on balance,
the preferred location. However, simply being the preferred location does not
mean that there is an automatic presumption in favour of the development
irrespective of the very necessary constraints imposed by the special
designations referred to throughout this report. Members have to make a
conscious decision as to whether the benefits in terms of maintaining a popular
tourist attraction, the viability of the business, the avoidance of unauthorised
parking elsewhere and potential traffic congestion outweigh the almost
inevitable visual intrusion, certainly in the shorter term, from the extensive
engineering works and subsequent use of the proposed car park. In this context,
Members must decide the degree of weight to be attached to the advantages of
allowing the development to take place and what, in their view, is the degree
of visual intrusion with the mitigation illustrated in the application.
Inevitably there is a degree of subjectivity in this type of decision and
although considerable weight should be given to the views expressed by the
Conservation and Design Team Leader, I am minded, on balance, to agree with the
AONB Officer to support the formation of a car park of this size and in this
position subject to very strict controls in terms of phasing, landscaping,
planting and future maintenance.
6.15 The
improvements to the existing access onto Main Road and the diversion of the
public footpath are less contentious by comparison with the issues relating to
the proposed car park but nevertheless a very important consideration where a
balance has to be struck between highway requirements/safety and the impact in
visual terms of these types of improvements. Once again, the view is taken that
these improvements must be in conjunction with a comprehensive landscaping and
planting scheme which is delivered within a reasonable timescale and maintained
thereafter.
6.16 The
recommendation is to grant conditional permission but in this type of case
Members do have other options to consider prior to make a decision.
·
Agree recommendation to grant approval.
·
Accept this site as a preferred location but
negotiate for a reduced size in terms of number of spaces/area.
·
Accept the justification for the number of
space/area but negotiate to reposition or reconfigure by using adjacent land or
an alternative site.
·
Refuse permission.
6.17 Clearly Members gave due
regard to the various options set out in the preceding paragraph when
considering the matter three months ago and although accepting the
principle/need for a purpose designed relatively large car parking facility to
serve this popular tourist/commercial site a consensus view was expressed that
the inclusion and use of all or part of the area close to the main road in the
area was likely to result in an improved scheme by mitigating any impact on
Arreton Manor in terms of its setting, visual intrusion and increased
noise/disturbance.
6.18 Following an informal meeting
with the local Parish Council and a site meeting and further
discussions/negotiations with the Case Officer the applicants and their agent
have largely accepted the views expressed by the Committee by modestly reducing
the number of spaces but, more importantly, increasing the distance between the
northernmost limit of the proposed car park and Arreton Manor by utilising part
of the field immediately adjacent to Main Road as an overspill area. While
these revised proposals are not in accordance with the advice given by the AONB
Officer and, in all probability, do not overcome the objection from the
Conservation and Design Team Leader, they do seem to be broadly in accordance
with Members wishes and offer a compromise solution by providing a permanent
car parking area within a landscaped setting, as previously proposed, but with
a reduced size overspill area to the north and a secondary overspill area for
up to 50 vehicles on the field adjacent to Main Road.
6.19 Advice offered to the
applicants’ agent following the site meeting, called primarily to discuss the
unauthorised works, explained that Members wished to consider a comprehensive
retrospective application for these various buildings/structures at the same
time as the main application including the revised scheme for the proposed car
park. Agent was also advised that Members would need to be reassured that a
retrospective application in respect of the unauthorised works to the former
agricultural buildings at the rear of the site had, as a minimum requirement,
been submitted and validated by the Council as the Local Planning Authority.
The other part of the advice focused on the numerous unauthorised
buildings/structures and expressed the view that a short term temporary
planning permission may be forthcoming for the craft/furniture marquee, farm
produce shop, woodcraft-sawmill area, woodcraft-workshop/sales, craft
cabin/sales and craft sales/Christmas sale shop. However, in terms of the
demountable ice cream cabin and the children’s Wendy house/Christmas Santa’s
grotto the agent was given the following advice.
Quite clearly an
inappropriate structure(s) in terms of design/colour which detracts from the appearance of the area and should
be removed within one month.
On the charity
wishing well feature he was advised:
Typically found on
many commercial/tourist sites but, in my view, detracts from the visual
appearance to the corn exchange building and other appropriately designed
buildings/structures in the immediate vicinity. My view is that if your clients
wish to retain this feature they should incorporate it as part of a
retrospective submission in a less obtrusive position.
6.20 Disappointingly, the
agent and/or his clients have failed to take on board this advice by including
these three buildings/structures in the application for retention. In their
view the ice cream kiosk is likely to be replaced when the new entrance
building is constructed and in the meantime it could be clad in black timber so
that it “blends” with other buildings/structures and, in terms of the Wendy
house/Santa’s grotto they argue that since the structure is not visible outside
the courtyard it is not harmful to the general amenities of the area and that
similar structures are found at the various tourist sites including public
houses. No justification is offered in terms of retaining the wishing well
feature in its present position.
6.21 It is worth noting that the applicants were advised the number
of unauthorised buildings/structures
in combination with ongoing works throughout a large part of the site (not
including the former agricultural buildings to the rear of the site) meant that
there was a generally untidy and unplanned appearance which, in my view, has a
detrimental effect on the visual amenities of the site and the surrounding area
which is a designated Conservation Area. An application to retain all these
buildings/structures, despite the written advice given to the applicants’
agent, cannot be supported even on a short term temporary basis. On applications
for planning permission the Council is not able to make a “split” decision and
consequently Members are recommended to refuse permission with appropriate
enforcement action as set out in recommendation 3.
7. Conclusion and Justification
for Recommendation
7.1 Hopefully Members will agree that this
report highlights the very understandable concern about the creation and use of
a large car park in an open field within a sensitive rural location. The other
aspect relates to the well established use which has become a significant
tourist/commercial attraction and the need to manage the number of visitors to
the site without causing greater damage to the rural character of the area. In
the circumstances, the view is taken that the Council, as Local Planning
Authority, need to take a pragmatic view of the present situation and exercise
a degree of flexibility in terms of the application of the normally restricted
planning policies appropriate to a countryside location as reflected in the
final observations of the AONB Planning Officer.
7.2 On balance, it has been decided to
recommend approval subject to a number of conditions particularly in terms of
construction work and the landscaping/planting programme. A deliberate decision
has been taken to limit the standard condition to a one year consent in order
to encourage the work to be carried out and completed at the earliest possible
opportunity. Nevertheless, there are very obvious drawbacks to undertaking such
a substantial construction works during the summer months and for this reason
Members are invited to consider some kind of very short term “dispensation” in
respect of the inevitable continued unauthorised use of the field to the west
of the complex immediately adjacent to Main Road by agreeing not to take
enforcement action in the coming months but to review the situation at the end
of the tourist season.
7.3 In terms of the principle application
involving the proposed car park it is considered that the revised scheme
goes some significant way to addressing the concerns expressed by Members by
reducing any potential impact on the setting of Arreton Manor and using part of
the field presently used for unauthorised parking as an overspill area.
Consequently, when giving due weight to our previous recommendation and the
main features of the revised scheme, a recommendation for conditional
permission is maintained.
7.4 Members were fully justified to air
their concerns about the various unauthorised buildings/structures on the site
and to request that this matter be dealt with at the earliest possible
opportunity. The view is that the agent and his clients were offered sound
advice on buildings/structures that could be retained for a short term period
and those that should be removed within reasonable timeframe in order to avoid
enforcement action and it is unfortunate that this advice was not taken on
board in the retrospective submission. Collectively, these buildings/structures
seriously detract from the visual amenities of the area and more importantly,
has a seriously damaging effect on the character and appearance of the
Conservation Area. Consequently, the enforcement action should require the
removal of all the unauthorised buildings/structures.
8. Recommendation
8.1 Recommendation
1: (P/00069/06) - Approval (revised
scheme).
Conditions/Reasons:
|
1 |
A10 |
The
development hereby permitted shall be begun before the expiration of 1 year
from date of this permission. Reason: To comply with Section 91 of the Town and Country
Planning Act 1990. |
|
2 |
UN1 |
The
craft shop, hereby approved shall only be used for the sale of durable goods
and for no other purpose, including any other under 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:
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. |
|
3 |
J01 |
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. |
|
4 |
UN2 |
The
proposed car park hereby approved shall not be brought into use until the
access improvements and the access road have been constructed, serviced and
drained in accordance with the approved plans to the satisfaction of the
Local Planning Authority. Reason:
To ensure an adequate standard of highway access for the proposed car
park and to comply with Policy TR7 (Highway Considerations) of the Isle of
Wight Unitary Development Plan. |
|
5 |
M10 |
No development
shall take place until full details of both hard and soft landscape works
have been submitted to and approved in writing by the Local Planning
Authority and these works shall be carried out as approved. These details shall include [proposed finished
levels or contours; means of enclosure; car parking layouts; other vehicle
and pedestrian access and circulation areas; hard surfacing materials; minor
artefacts and structures (eg. furniture, play equipment, refuse or other
storage units, signs, lighting, etc); proposed and existing functional
services above and below ground (eg. 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. |
|
6 |
M11B |
All planting,
seeding or turfing comprised in the approved details of landscaping shall be
carried out in the first planting and seeding seasons following the
occupation of the buildings or the completion of the development, whichever
is the sooner, and any trees or plants which within a period of 5 years from
the completion of the development die, are removed or become seriously
damaged or diseased shall be replaced in the next planting season with others
of similar size and species, unless the Local Planning Authority gives
written consent to any variation. Reason: To ensure the appearance of the
development is satisfactory and to comply with policy D3 (Landscaping) of the
Isle of Wight Unitary Development Plan. |
|
7 |
M12 |
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. |
|
8 |
UN4 |
All
hard and soft landscape work shall be carried out in accordance with the
improved details and to the satisfaction of the Local Planning Authority
prior to the proposed car park, hereby approved, being brought into use in
accordance with the programme to be agreed by the Local Planning Authority. 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. |
|
9 |
M31 |
No
development shall take place until details of earthworks have been submitted
to and approved in writing by the Local Planning Authority. These details shall include the proposed
grading and mounding of land areas including the levels and contours to be
formed, showing the relationship of proposed mounding to existing vegetation
and surrounding landform. 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 policies D1 (Standards of
Design) and D3 (Landscaping) of the Isle of Wight Unitary Development Plan. |
|
10 |
UN5 |
The
proposed car par, hereby approved, shall not be brought into use until full
details of all external lighting to be installed have been submitted to and approved
in writing by the Local Planning Authority. Development shall be carried out
in accordance with the approved details. Reason:
In the interest of maintaining the amenity value of the area and to
comply with Policy D1 (Standards of Design) of the IW Unitary Development
Plan. |
|
11 |
M50 |
In
this condition "retained hedge or hedgerow" means an existing hedge
or hedgerow which is to be retained in accordance with the approved plans and
particulars. (a) No retained hedge or hedgerow shall be cut down,
uprooted or destroyed, nor shall any retained hedge or hedgerow be reduced in
height other than in accordance with the approved plans and particulars,
without the written approval of the Local Planning Authority. (b) If within a period of 5 years from the
completion of the development the whole or any part of any retained hedge or
hedgerow is removed, uprooted, is destroyed or dies, another hedge or
hedgerow shall be planted at the same place and that hedge or hedgerow shall
be of such size and species, and shall be planted at such time, as may be
specified in writing by the Local Planning Authority. (c) The erection of fencing for the protection
of any retained hedge or hedgerow shall be undertaken in accordance with the approved
plans and particulars before any equipment, machinery or materials are
brought onto the site for the purposes of the development, and shall be
maintained until all equipment, machinery and surplus materials have been
removed from the site. Nothing shall
be stored or placed in any fenced area in accordance with this condition and
the ground levels within those areas shall not be altered nor shall any
excavation be made or fire be lit, without the written consent of the Local
Planning Authority. Reason: To ensure the continuity of amenity
afforded by existing hedges or hedgerows and to comply with policy D1
(Standards of Design) of the Isle of Wight Unitary Development Plan. |
|
12 |
N11 |
No development
shall commence on the site until details of design of all building
foundations and of the layout, positions, dimensions and levels of all
trenches, ditches, drains and other excavations on the site, 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 avoid damage to health of existing
trees and hedgerows and to comply with policy C12 (Development Affecting
Trees and Woodland) of the Isle of Wight Unitary Development Plan. |
|
13 |
S01 |
The
materials to be used in the construction of the external surfaces of the
building hereby permitted shall match those used in the existing building. Reason: In the interests of the amenities of the
area and to comply with policy D1 (Standards of Design) of the Isle of Wight
Unitary Development Plan. |
|
14 |
J01 |
Development
shall not begin until details of the design, surfacing, gradient 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. |
|
15 |
K01 |
The
use hereby permitted shall not commence until space has been laid out within
the site in accordance with drawing number PDM 04/011/05 D, for a maximum 148
cars (including staff and disabled spaces) and nine coaches 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. |
|
16 |
K07 |
A
parking area management plan including management responsibilities and
maintenance schedules in respect of the communal parking area indicated on
the plan hereby approved shall be submitted to and approved by the Local
Planning Authority prior to the occupation of any part of the
development. The parking area
management plan shall be carried out as approved. Reason: In the interests of the amenities of the
area and to comply with policy D1 (Standards of Design) of the Isle of Wight
Unitary Development Plan. |
|
17 |
UN6 |
No
construction traffic shall enter the public highway during the site development
unless their wheels and chassis have been cleaned to prevent the materials
being deposited on the highway. Reason:
In the interests of highway safety and in compliance with policy TR7
(Highway Considerations) of the Isle of Wight Unitary Development Plan. |
|
18 |
UN7 |
Prior
to work commencing on site, details of a drainage system to be installed to
prevent water from the access and parking areas flowing onto the public
highway shall be submitted to and approved by the Local Planning Authority.
The drainage system shall be implemented prior to occupation of the dwellings
and thereafter retained and maintained in accordance with the approved
details. Reason:
In the interests of highway safety and in compliance with policy TR7
(Highway Considerations) of the Isle of Wight Unitary Development Plan. |
|
19 |
UN8 |
Prior
to commencement of the development hereby approved details of the design,
construction, surface water drainage and signing and lining of a right hand
turn lane plus all associated works facilitating improved access to the site
shall be submitted to, approved by and thereafter constructed to the
satisfaction of the Local Highway Authority. Reason:
In the interests of highway safety and in compliance with policy TR7
(Highway Considerations) of the Isle of Wight Unitary Development Plan. |
|
20 |
UN9 |
Notwithstanding
the provisions of any Town and Country Planning (General Permitted
Development Order) 1995 (or any Order revoking and re-enacting that Order),
no gates shall be erected without the prior written approval of the Local
Planning Authority. Reason:
In the interests of highway safety and to comply with policy TR7
(Highway Considerations) of the Isle of Wight Unitary Development Plan. |
|
21 |
UN10 |
No
highway works shall commence on site until full stage one and two safety
audits conducted under parameters defined by HD 19/03 (Design Manual for
Roads and Bridges, Volume 5, Section 2 Part 2) have been undertaken and
submitted to and approved in writing by the Local Planning Authority. Any
matters arising from such audits shall be suitably addressed and indicated on
drawings to be submitted to and approved in writing by the Local Planning
Authority. The works shall thereafter by constructed in accordance with the
approved plans. Reason:
In the interests of highway safety and to comply with policy TR7
(Highway Considerations) of the Isle of Wight Unitary Development Plan. |
8.2 Recommendation 2: (P/01651/06) - Refuse.
Reason:
The proposed retention of this number of buildings/structures collectively and
individually, is inappropriate in terms of their siting, visual appearance and use
of materials resulting in the detrimental effect on the visual amenities of the
area within a designated Conservation Area failing to enhance or preserve the
current amenity value and adversely impacting on the setting of surrounding
Listed Buildings. Accordingly the application is contrary to Policy S10 (If It
Will Conserve or Enhance the Features of Special Character of these Areas),
Policy B2 (Settings of Listed Buildings) and Policy B6 (Protection and
Enhancement of Conservation Areas) of the Isle of Wight Unitary Development
Plan, advice contained within PPG15 ‘Planning and the Historic Environment’ and
the Planning (Listed Buildings and Conservation Areas) Act 1990.
8.3 Recommendation
3: (P/00069/06 and P/01651/06
That Enforcement Notices are served in respect of all unauthorised
buildings/structures on the site requiring them to the dismantled and the
materials removed from the site with a compliance period of one month.
8.4 Recommendation
4: (P/00069/06 and P/01651/06
That a letter be sent to the applicants and their agents explaining the
basis of the decision to grant permission and advising that the continued use
of the field adjacent to Main Road as an overspill car park is unauthorised
but, in the circumstances, no enforcement action will be taken during the
remainder of the seasonal period and that the matter will be reviewed in six
months time if construction works in connection with the approved car park have
not commenced.
8.5 Recommendation 5: (P/00069/06 and
P/01651/06
All improvements including diversions of existing footpaths on or within
the vicinity of the site should be completed to the satisfaction of the Head of
Engineering Services before the approved car park is brought into use.
Derek
Rowell
STRATEGIC
DIRECTOR FOR
ECONOMIC
DEVELOPMENT & REGENERATION