PAPER B1

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE –TUESDAY 24 JANUARY 2006

REPORT OF THE HEAD OF PLANNING SERVICES

WARNING

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.

Background Papers

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

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

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

LIST OF PLANNING APPLICATIONS REPORT TO COMMITTEE – 24 JANUARY 2006

1.	P/01515/05 TCP/22548/A	Seaview	Conditional Permission
	section of foreshore between The Boathouse Pier Road and Ingle Dell Esplanade, and land adjacent 7 Sandcove Rise, Seagrove Bay, Seaview, PO34 Beach management works to include construction of two rock offshore breakwaters and rock spur with shingle recharge of the beach
2.	P/01885/05 TCP/18291/C	East Cowes	Conditional Permission
	land bounded by Kingston Fm Lane/Cadets Walk/Kingslea Park/Beatrice Ave, E Cowes power station/agricultural land/south of E Cowes Vics football ground inc land off, Whippingham Road, East Cowes, PO32 Outline consent for 9.9 hectares of residential development; 9.9 hectares of employment development; managed woodland; nature conservation areas; proposed access road junction with Whippingham Road & Beatrice Avenue; network of public footpaths/cycleways; public transport link only to Kingston Road
3.	P/01984/05 TCP/09990/P (Joint with Item 4)	Ryde	Refusal
	Bellevue Garage, 3a, East Street, Ryde, PO331JB Demolition of buildings; outline for residential development of 27 flats in 2 blocks; alterations to vehicular access
4.	P/01980/05 CAC/09990/N	Ryde	Refusal
	Bellevue Garage, 3a, East Street, Ryde, PO331JB Conservation Area Consent for demolition of buildings in connection with outline for residential development of 27 flats in 2 blocks; alterations to vehicular access
5.	P/02090/05 TCP/06614/M	Ventnor	Conditional Permission
	St. Josephs Residential Home, 29 Madeira Road, Ventnor, PO381QS Part demolition; conversion of existing care home & new additional development to provide a total of 12 flats, a pair of semi-detached houses; new vehicular access off Madeira Road & parking
6.	P/02153/05 TCP/23784/C	Ryde	Conditional Permission
	19 John Street and, garage/workshop Carters Mews, off, John Street, Ryde, PO33 Demolition of stores, workshop & flats; residential development comprising five houses, three flats & one cottage with access off John Street (revised siting/scheme)(readvertised application)
7.	P/02324/05 TCP/17967/G	Ryde	Conditional Permission
	Greenmount Primary School Green Street and, 43 Newport Street, Ryde, PO33 Demolition of single storey w.c. block; conversion of buildings & single storey extensions to provide additional primary school accommodation to include new access ramp (revised scheme)
8.	P/02379/05 TCP/27424	Northwood	Conditional Permission
	36 Fieldway Crescent, Cowes, PO318AJ End of terrace house; alterations to existing vehicular access and formation of new vehicular access and parking area

01

Reference Number: P/01515/05 - TCP/22548/A Parish/Name: Seaview - Ward/Name: Seaview & Nettlestone Registration Date: 04/08/2005 - Full Planning Permission Officer: Mr J Mackenzie Tel: (01983) 823552 Applicant: IW Centre for the Coastal Environment Beach management works to include construction of two rock offshore breakwaters and rock spur with shingle recharge of the beach section of foreshore between The Boathouse Pier Road and Ingle Dell Esplanade, and land adjacent 7 Sandcove Rise, Seagrove Bay, Seaview, PO34 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This is a major application submitted by the Council and is contentious due to conflicting policy considerations and the number of objections received. The application is accompanied by an environmental statement.

1 Details of Application

1.1 This is a full application accompanied by an Environmental Statement with all details to be considered at this stage.

1.2 The proposal comprises a scheme of coastal defence with the aim of reducing tidal erosion of the foreshore causing coastal drift and subsequent and substantial reduction of the foreshore level. The main purpose of the scheme is to protect the sea wall, behind which lies a main sewer belonging to Southern Water, 18 properties close to the Esplanade and, in the longer term for development further inland.

1.3 The physical development comprises the formation of two offshore islands and a rock spur, all of which are proposed to be constructed in boulders, the majority of which will be between 3 and 6 tonnes each.

1.4 These “islands” are shown in the plans to be long oval shapes, pyramid in section with a base of overall dimensions of about 20 metres by about 80 metres and approximately 5 metres high. At the top of the pyramid the islands are shown as being approximately 3.5 metres wide with side planes of a gradient of 1 : 1.5 to 1 : 3 but these planes will not be smooth, but will be of rock as constructed with cracks, fissures and voids revealed. At each of the ends of the islands will be marker poles indicating the presence of the structure to aid identification and navigation.

1.5 The two islands are shown to be located between 160 and 215 metres offshore, dependant upon where the dimensions are taken in positions between the location of the original chain pier in front of the Boathouse and Horestone Point. The islands are shown staggered, but roughly parallel to the shore with a gap of approximately 100 metres between their bases.

1.6 The rock spur is proposed to be located at the position of the former chain pier, directly in front of the Boathouse. This spur is shown in the plans to be a similar construction to the islands, namely rocks or boulders of between 3 and 6 tonnes superimposed on and around an existing concrete structure projecting into the sea from the existing sea wall forward of the Boathouse. The overall height of the existing concrete structure will be increased by just over one metre and it will project further onto the foreshore by approximately 5 metres but at a diminishing gradient to its maximum position of about 17 metres in length which, again, is marked by a navigation marker.

1.7 The islands are shown to be of a height consistent with mean high water spring tides which means that the top of the island will be just awash during those high tides. Neap tides will be approximately 900mm lower which means that the top of the island will still be visible by approximately 0.9 metre at high water neap tide. The plans show that the islands will still be surrounded by water during low tides, both neap and spring.

1.8 In addition to the three rock structures it is intended to renourish the foreshore with shingle between the spur and the Boathouse at the Esplanade at the bottom of Gully Road.

1.9 Methods of Construction

1.9.1 The rock islands are proposed to be constructed of imported rocks brought in by sea. However, the placing of the large rocks is a comparatively delicate operation so that the site will be accessible by plant which will be accessed via the slipway at the northern end of the Esplanade, at the bottom of Gully Road, manoeuvring the boulders and rocks into place following their disposition in temporary rock discharge areas around the sites of the island. Access to the proposed islands (which can only be done during low water) is proposed to be via a temporary causeway, probably to be constructed in either shingle, timber or aluminium tracking over clay.

1.9.2 Plans also indicate that the shingle recharging material is to be gathered locally in existing accretion zones at Seaview Duver and brought via the circuitous route via Puckpool Hill. Calthorpe Road, Pondwell and through Gully Road to the site where it will be used.

1.10 Purpose of Operation

1.11 The works are proposed as part of sea defence works in order to protect the existing wall, the Southern Water sewer, eighteen properties which are currently at risk from land slippage and in the longer term, development further inland. Apparently the risk of land slippage has arisen from a combination of the natural geology; coastal erosion and rising sea levels.

1.12 The sea wall and coastal slope behind the sea wall are stabilised by the weight of beach material, but in the event of severe storms the beach can become significantly depleted. Combined with high ground water levels in the slope behind the sea wall, this could cause the slope to slip and therefore the proposed coast protection works are required because there has been a long term trend in falling beach levels causing loss of stability in the coastal slope. The decrease in stability of the coastal slope and corresponding ground movements have caused damage to coastal defences and assets along the sea front.

1.13 There are eighteen properties and Southern Water sewer immediately at risk if the volatility of the beach levels is not controlled and enhanced and it is predicted that sixteen of the properties will be lost within the first ten years if no work is undertaken. In addition, the existence of the sewer and the existing coastal defence work is jeopardised. The intention is that the off shore breakwaters would cause a build up of material landward of the structures which would result in a more stable beach level and this would provide toe loading to the slope.

1.14 In selecting the preferred option that is submitted, alternatives were considered and evaluated and these include:

· No active intervention – this is likely to result in the loss of an estimated sixteen properties within the next ten years and, in due course, the Southern Water sewage pipeline serving approximately 100 properties.

· Beach renourishment - this means depositing large volumes of shingle on the beach to replenish that which has been lost, but this option was discounted as the whole of the deposition could be removed by wave action, possibly within the timespan of a single high tide period. The risk would therefore still remain.

· Beach renourishment and construction of groynes - this would slow down but not prevent the loss of material from the beach.

· Reinforcement and supplementation of the existing sea wall with a rock revetment was considered and although this might give adequate protection to the properties, could result in an adverse major environmental impact as it would encroach onto the protected intertidal habitat.

· A rock revetment with shingle renourishment was considered which would protect the sea wall but would not prevent the loss of beach material, the weight of which protects the slope.

2 Location and Site Characteristics

2.1 This coastal location lies between the position of the former chain pier in the north and Horestone Point in the south, an area of foreshore and part of Seagrove Bay.

2.2 The area contains some groynes, the concrete sea wall, areas of shingle and sand with properties fronting both Pier Road and the foreshore and some properties fronting the Esplanade further to the south.

3 Relevant History

None.

4 Development Plan Policy

4.1 National Policy Guidance

PPG14 – unstable land, PPG20 – coastal planning and PPG9 – nature conservation are applicable.

4.2 UDP Policy

Policy G7 relates to unstable land; policy C5 relates to coastal protection of the developed coastline; policy C8 relates to nature conservation issues; policy C9 relates to sites of importance for nature conservation and policy C10 relates to sites of national importance for nature conservation.

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

4.4 The location is the subject of SPA and RAMSAR designations comprising:

· Solent and Southampton Water SPA site

· Solent and Southampton Water RAMSAR sites

· Ryde Sands to Wootton Creek SSSI.

5 Consultee and Third Party Comments

5.1 Internal Consultees

· Highway Engineers recommend conditions if approved.

· County Ecology Officer concurs with the Environmental Statement that Seagrove Bay is used only by small numbers of wintering and passage water fowl and wading birds and recognises that English Nature have advised that there will be a likely significant effect on the European site from these proposals. Confirms that an appropriate assessment is currently being carried out under the Conservation (Natural Habitats etc) Regulations 1994 and that the assessment will consider the direct impacts of the scheme together with those resulting from the changes in the beach profile of the Bay as a result of sedimentation and any off site impacts from extraction of beach material at Springvale and Seaview Duver.

5.2 External Consultees

· English Nature considers the environmental statement is broadly acceptable and meets the needs for an appropriate assessment. Suggests a three year monitoring period, suggesting 20 yearly beach renourishment intervals and agrees to Seaview Duver and Springvale as sources of material. Considers that in order to reach a decision of “can show no adverse effect upon the integrity of the site” English Nature would strongly recommend conditions:-

· that gravel extraction from Seaview Duver and Springvale may only be undertaken outside of the period between October and March (the overwintering period);

· monitoring of the effects of the scheme at six months intervals for three years and then annually up to five years and that following the conclusions of monitoring that modifications agreed with English Nature be undertaken as necessary;

· the shingle blanket used for access to construct the “islands” be removed totally after the works are complete.

English Nature objects to the scheme if these conditions are not imposed.

They also strongly suggest that opportunities to maximise the habitat creation potential of the breakwater structures are taken into account at the detailed design stage.

· Environment Agency raises no objection in principle and agrees with English Nature’s comments regarding the environmental statement. Advises that the Council should not approve any further development which will encourage more coastal defence work. Suggests that the development may affect sediment shift. Supports English Nature’s requirement to remove completely the temporary access track following conclusion of the works. Recommends biennial monitoring and must consider the complete removal of the islands if deemed necessary as a result of the monitoring. The Agency question the need for increased gravel recharge/nourishment and raises concern over the amount of such recharge on designated sites and questions the need for change to the location of one of the breakwaters.

· Royal Society for the Protection of Birds supports English Nature but raises concerns about timing of the works encouraging avoidance of operations in November and raises the question about piecemeal defence works as opposed to a comprehensive strategy. RSPB consider that one year’s data is insufficient to base the scheme upon and questions alternative sites for the acquisition of shingle for recharge. Objects to the unnecessary disturbance of the wildlife habitats and is not convinced that tourism needs outweigh the need to avoid overwintering period. Strongly urges conditions English Nature recommend if approval is granted.

· Hampshire and Isle of Wight Wildlife Trust consider more details required to judge the effects of shingle extraction and details of subtidal species which could be lost. Recommends that further investigation should be carried out in terms of the salinity of the water and that the scheme should form part of a comprehensive coastal defence scheme rather than a piecemeal one. The Trust continues therefore to object.

5.3 Town or Parish Council Comments

None received at the time of writing.

5.4 Others

Forty-two letters of objection from local residents, neighbours and interested parties from elsewhere on grounds of:

· Adverse visual impact from the creation of offshore rock islands.

· No guarantee that the development will be successful, suggesting that it could make things worse.

· Possible detrimental effects elsewhere.

· Loss of sand and its replacement with shingle resulting in the loss of beach activities, enjoyment for bathing, sailing, windsurfing and swimming.

· Loss of boating activities and moorings due to shallowing due to raised seabed levels and increased height of beach.

· Suggesting that more effective alternatives exist which have not been properly assessed.

· Possibility of collection of flotsam and jetsam.

· Damage to infrastructure through increased traffic delivering beach material.

· Scheme should incorporate steps for road repairs.

· Adverse effect on tourism due to derogation of the quality of the area.

· Adverse effect on water quality, suggesting water will become brackish or even stagnant.

· Loss of ability to walk dogs on the foreshore.

· Dangers to bathers through tidal effects and creation of a man-made reef.

· Possible adverse effects to the seawall.

· Possible effects on boating.

· Questions if alternatives have been properly evaluated.

· Suggesting that the scheme is no more than an experiment and that other options have not been considered.

· Environmental statement is not accurate and is inconsistent in its findings.

· Alternatives not properly evaluated.

Thirty letters of support from local residents stressing the need to act to prevent further and continuing damage to property, recognising the need to retain higher levels of foreshore material and considering that the proper alternative has been chosen.

Seaview Yacht Club raise concerns over the shallowing effects of the foreshore and the possible impacts on the economy suggesting that monitoring should take place.

6 Evaluation

6.1 The main issues relating to this application are:

· The principle and policy considerations.

· The need for the proposal and the reasons this option has been chosen.

· Nature conservation impacts.

· Visual impacts of the resultant development.

· Traffic implications in constructional and maintenance schedules.

· Impacts and effects on tourism.

· Objections to the scheme.

· The evaluation and reaction to objections raised.

6.2 Principle and Policy Considerations

The principle of this development is to alter the erosion and scouring effect of tidal activity in order to protect the sea wall which forms the existing main line of defence, the Southern Water sewer which runs parallel to and behind the sea wall and to protect the existing residential properties fronting the bay and, in the longer term, to ensure greater land stability and protecting the properties further inland. Whilst in rural coastal areas the more sustainable long-term option is managed coastal retreat, this is an area which is built up, albeit at very low density. There are significant built resources in this area comprising the Southern Water sewer, the sea wall and eighteen residential properties which will be protected by the proposals and therefore the development is consistent with policy C5. However, policies C8, C9 and C10, relating to nature conservation, make it quite clear that only in exceptional circumstances will development be permitted if it adversely affects ecologically sensitive areas, protected or endangered species and their habitats and that in the event that such development does affect such areas, compensatory measures will need to be taken. It is therefore considered that whilst these policy considerations are very important, they do not necessarily preclude the development so long as any adverse effects can be significantly and adequately mitigated.

6.2.1 Planning policy guidance on unstable land in PPG14 and coastal planning set out in PPG20 recognises the importance of the option to adopt a managed retreat in areas which are not built up. A good deal of this guidance relates to avoiding new development on unstable land and areas prone to coastal erosion but, in this instance, the coastal frontage is developed and other assets, such as the Southern Water sewer and the sea wall itself, are assets which warrant defending. Whilst the “do nothing” option is always an option to be considered, it has been discounted in this instance as it is predicted that to do so would result in the loss of sixteen properties within the next ten-year period.

6.3 The Need for the Proposal and Choice of this Option

In preparing the Environmental Statement various options were generated and evaluated but to understand the final choice of option the overall objectives and the practical aspects of each of the options, together with the individual circumstances of this area’s problems need to be taken into account. This is a complex combination of circumstances essentially with two main factors determining instability and erosion. The area is inherently unstable due to its geological strata comprising gault clay (blue slipper) which, in times of prolonged rainfall creates slippage between planes. Added to this, where the planes meet the beach, the “toe” weight afforded by thousands of tons of shingle and sand help support both the sea wall and the unstable strata. Beach levels in this area are volatile meaning that due to climatic factors, including storm conditions, scour the loose material from the bay and although it may be re-deposited or restored within a comparatively short time, the loss of this beach material and the removal of the weight from the “toe” of the slip can allow for profound and irreversible damage to the foundations of the sea wall, the properties behind and the intervening Southern Water sewer. Hence the objective of any scheme to support the properties is to ensure a very substantial deposit of beach material and for its retention at all times.

6.3.1 Options considered include:

· No active intervention – this option means the area would be subject to no maintenance actions which would result in the eventual loss of beach material deposited in 2003/2004. Whilst, at times, limited amounts of shingle would be transported through normal coastal processes, the volatility of the beach would be increased due to more frequent exposure of clay below the sand which would be eroded resulting in a lowering trend of beach levels. Lower beach levels would mean waves with higher energy would reach the sea wall undermining the structure further. This option has been discounted due to its high risk due to the lack of continuous protection to the foundations of the sea wall and loading on the toe of the slope.

· Beach management – this would involve carrying out beach renourishment at regular intervals to maintain the substantial shingle beach in front of the sea wall except with a larger volume from the existing. Shingle is more stable than sand and therefore is a preferred material. The volume of the shingle would need to be maintained in a high enough volume by continuous renourishment as necessary which would prevent the sea wall being undermined. The risk with this option is the possible occurrence of a significant storm prior to renourishment.

· Offshore breakwaters and renourishment – this option will involve both renourishment and the creation of islands as described in the details of application section above. By introducing the islands, the power of the waves would be reduced, creating a calmer regime on the inland side of them reducing the effects of coastal shingle drift of the introduction of shingle. By creating a calmer regime within the intervening foreshore, bed levels are anticipated to rise, thus holding the upper levels of the beach in place and also reducing the possible renourishment of the beach to a twenty year cycle. This is the favoured option.

· Rock or timber groynes with renourishment – this would be more of a traditional approach. The timber groynes comprising vertical piles and horizontal rails or alternatively by depositing large rocks in a line at right angles to the shore and projecting into the bay, either design combined with shingle renourishment. Shingle would still be lost through normal processes, at a slower rate without the groynes but more quickly than with the offshore breakwaters. It is anticipated that renourishment would be required every five to ten years but there would still be a continuous loss of shingle and the risk that in a significant storm prior to renourishment all shingle could be lost and the sea wall undermined and damaged.

· Reconstructed sea wall, stepped apron and rock revetment - this would involve the reconstruction of the sea wall, including a stepped apron surmounted by a rock revetment. This would allow natural and continued movement of shingle and sand resulting in volatile beach levels and possible exposure of the clay beneath the mobile beach deposits on a regular basis. The structure would need to have a deep toe level to cater for the loss of clay or account for underpinning works during its life on at least one or more occasions.

· Rock revetment and renourishment – this would mean the deposition of rock forward of the existing sea wall and renourishment immediately in front of that of sufficient depth to cater for the loss of clay or anticipated underpinning works. This option would still result in uncontrolled beach processes and volatile beach levels including the scour of material from the foreshore, especially during storm conditions.

· Rock spur – this structure could be used with all of the above options except for the first one where no intervention would occur. A projection of concrete and rock which would assist in the retention of beach material and prevent the northerly drift and situated at the position of the former chain pier.

6.3.2 The evaluation of the options was carried out bearing in mind the Isle of Wight north east coastal defence strategy objectives which sets out various criteria and important issues as objectives of the strategy. It should be borne in mind that this is a non-commercial development and although the Council is the applicant, the evaluation and choice of option carried out by the Council’s appointed engineers had to make the choice of option involving various considerations including the natural environment, recreation and tourism, fisheries, offshore activities, landscape, geology and geomorphology, water quality and navigation, as well as the effectiveness of the chosen scheme. The preferred option, the subject of this application, scored best as is by no means the easiest option to implement due to the location of the islands and the way in which these structures are to be constructed.

6.3.3 Option 1 was rejected because taking no action would result in inevitable failure of the sea wall, the Southern Water sewer and the loss of several residential properties within ten years and, although option 6 was the most economically viable in terms of ratio of benefits to costs, it was deemed unacceptable to the adverse impacts on the nature conservation areas (SPA/RAMSAR site/SSSI) and the fact that the volatility and beach levels would go unchecked.

6.3.4 Options 4 and 5 are also deemed unacceptable for similar reasons.

6.3.5 This leaves options 2 and 3. Option 2 being merely the continuous renourishment of the beach with shingle. Option 3, the preferred option, additionally installs the islands, thus giving protection to the renourished material and reducing the likelihood of it being washed away and requiring further material. It should also be pointed out that the islands proposed in the preferred option are also outside of the designated sites, although it is acknowledged that by calming the water between the islands and the sea wall, beach levels would rise and some impacts on the SPA and RAMSAR designations would be inevitable.

6.4 Nature Conservation Issues

6.4.1 The foreshore, from the sea wall to low water mark is designated as the Solent and Southampton Water RAMSAR site; the Solent and Southampton Water SPA and, in addition, the Ryde Sands and Wootton Creek SSSI (although this is at its eastern extent).

6.4.2 Within the site, any development is likely to have some impacts, whether less or more, on seabirds using the foreshore for feeding and perhaps roosts, on fish and shellfish and on marine plants.

6.4.3 The Environmental Statement has identified the various bird species and that the greatest ornithological activity takes place between October and March, the winter months, when the area is most used for migratory birds and an oystercatcher roost.

6.4.4 The Environmental Statement also identifies the various species of fish and shellfish which might be affected by the construction of the islands, mostly due to noise and vibration and consequently have made observations, broadly accepting the findings of the Environmental Statement and creating objections only if certain conditions and safeguards are not included within the authorisation for the works.

6.5 Visual Impacts

6.5.1 The works of beach renourishment, the formation of the islands and the rock spur will inevitably have some visual impact due to the new presence of rock structures and large quantities of shingle. The visual impact of these structures will be mitigated in time by the growth of algae and other associated marine plants.

6.5.2 The visual impact of the islands are likely to be the greatest visual impact as there are no structures in the vicinity but the ability to see the full structure will vary dependent upon the state of the tide and, to a more limited extent, the effectiveness of the structures in raising beach levels on the landward side.

6.5.3 High water mark at spring tides will be consistent with the highest level of the structure whereas, the reverse is also true that the maximum low water spring mark will be virtually at the base of the 4m high structure. Conversely at neap tides approximately 0.9m will project above the water line and about 3m at low water neap tides.

6.5.4 The fact that the structures can be seen does not necessarily mean they will be visually obtrusive. Their shape, whilst shown in the plans as being comparatively regular, will be formed by irregular and varying sizes of rocks and it is understood that an attempt will be made during construction to make them irregular so that they do not appear to be man-made.

6.5.5 There are other instances in the area of rocky outcrops, mostly on the foreshore at Horestone Point and these are accepted as part of the coastal scene.

6.5.6 In visual terms there is little or nothing which can be done to mitigate the visual impact apart from ensuring a more varied and irregular appearance to the finished and visible part of the structure.

6.5.7 The Environmental Statement identifies those properties and areas which will obtain a view, or partial view or, indeed, have no view of the structures. The area of open view and the properties which will have a direct view are largely limited to those adjoining the foreshore and the foreshore itself, the majority of which will benefit from the increased stability afforded by the structures. Elsewhere properties at the higher levels may have glimpses or partially obscured views. There would, of course, be clear views from boats using this part of the Solent.

6.6 Traffic

6.6.1 The preferred scheme involves the renourishment of the beach with approximately 10,000m³ of shingle which is intended to be acquired at two local locations, namely Seaview Duver and Springvale.

6.6.2 Locally, meaning this part of the Island, the normal coastal drift of material moves along the coast of the Island in a north westerly direction and so the material acquired at the two locations probably moved from the location of the site originally. The acquisition areas have their own ornithological impacts also investigated within the Environmental Statement and have been evaluated by English Nature.

6.6.3 The traffic impact of this development, moving 10,000m³ of beach material, represents a very significant logistical exercise and according to the Environmental Statement could dictate up to 800 lorry loads (16,000 tons) to be transported during the process, possibly 20 lorry loads per day and the statement suggests extraction would be carried out in the autumn, during mid to low tides with work not commencing before 8am or continuing after 6pm. The restrictions created by the tides and hours limitation in order to avoid significant noise disturbance would mean that the renourishment would be likely to take up to six weeks.

6.6.4 It is suggested that the two areas at the Duver and Springvale would supply the material which would be transported in lorries via the Duver, Springvale Road, Puckpool Hill, Calthorpe Road, Pondwell, Nettlestone Hill, Nettlestone Green and Gully Road to the Esplanade.

6.6.5 Highway Engineer considers that subject to details of lorry routing and scheduling conditions development is acceptable.

6.7 Tourism Implications and the Impact on Beach Activities

6.7.1 The perceived effects of the scheme are to import large rocks for the islands and the importation of substantial amounts of beach material as renourishment. The islands and the rock spur will tend to retain beach material in situ in the bay, probably to a level which exceeds summer levels at present and certainly higher than winter levels, the cause of the problem.

6.7.2 The worst scenario, so far as the beach material is concerned, is that it will change character from an essentially sandy beach to a shingle beach at the higher levels abutting the sea wall and possibly result in a substantial shallowing of the water levels in the intervening land between the islands and the sea wall, possibly even increasing the depth of the foreshore and lowering of the high water mark.

6.7.3 It should be remembered that the structures proposed are of large boulders of between 3 and 6 tons maximum and incorporating some smaller rocks, all of which will be held in place by gravity. The monitoring of the effects will determine whether and how effective the islands are in reaching their goal and it is possible, if necessary, to adjust the height and shape of the structures in order to adjust the result.

6.7.4 The formation of the islands will be marked by posts for identification and to aid with navigation. It is inevitable that some impact on the ability to access the shore by boat will result.

6.7.5 Enjoyment of the beach and foreshore may also be affected by the visual impact and presence of the islands.

6.8 Objections

6.8.1 At the time of writing there were 42 letters of objection from local residents, neighbours and interested parties and, conversely, 30 letters of support from local residents.

6.8.2 In any large scale scheme there are distinct possibilities of adverse effects and the decision taken will be a balance, bearing in mind the perceived benefits that the scheme is hoped to achieve. It is suggested that there would be visual impacts from the creation of the offshore breakwaters and it is inevitable that the creation of such structures will result in them being visible from various viewpoints. However, in a comparatively short space of time the structures should be colonised by marine flora and so long as the structure is comparatively irregular in its appearance, it should resemble a rocky outcrop similar to those found closer to the coast and in other locations.

6.9 Alternatives have been evaluated and for the reasons explained above have been discounted in favour the preferred option, the subject of this application. The alternatives will require continuous re-nourishment of the foreshore creating increased levels of traffic and still not achieving the long term and comparatively maintenance free result anticipated.

7 Conclusion and Justification for Recommendation

7.1 This proposal is a coastal defence initiative aimed at reducing the fluctuation in beach level by calming the water close to the shore thus preventing or at least reducing the effects of scour, taking out the sand and shingle which presently add toe weight which helps prevent land slippage and undermining of the existing seawall. The need to carry out this work and prevent the continued erosion of area of foreshore is aimed at protection of the existing seawall, the main sewer located immediately behind it which presently serves some 100 properties and initially for the protection of approximately 18 private residential properties and, in the long term, further erosion in-land which could result from significant land movement close to the foreshore.

7.2 The alternatives to the proposed scheme have been evaluated and have been discounted due to the reasons explained above. It should be remembered that the structures are, essentially, two piles of boulders and it is quite possible for boulders to be added or removed in order to adjust the result which will be monitored at least for a period of 5 years following completion of the works. It is felt that whilst there could be some adverse effects, these are significantly outweighed by the benefits that the scheme should produce and that the proposals are consistent with UDP policies regarding coastal defence and nature conservation bearing in mind the designations of the site.

7.3 The application has been accompanied by a substantial environmental statement covering the issues involved and, subject to certain safeguards all statutory consultees are satisfied with the proposals.

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	Before any works authorised by this permission commences a plan of implementation shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include comprehensive details of all operations in terms of dates, hours and areas of working, areas of acquisition of beach nourishment material, hours of haulage of materials, routing of haulage lorries, areas of storage of materials and plant. The development thereafter shall be carried out strictly in accordance with the agreed plan without variation unless otherwise agreed in writing with the Local Planning Authority. Reason: To minimise and reduce impact on the SSSI.
3	Notwithstanding the requirements of condition 2 above, no beach nourishment material shall be acquired from the areas shown on the plans at Springvale and the Duver in the winter months between the 1 October and 1 March. Reason: To safeguard the nature conservation interests of the site and in accordance with Policy C9 of the IW Unitary Development Plan.
4	Notwithstanding the requirements of condition 2 above no work in connection with the provision of the offshore break waters or the provision of beach nourishment shall take place during the winter months between the 1 November and 1 March in the succeeding year. Reason: To safeguard the nature conservation interests of the site and in accordance with Policy C9 of the IW Unitary Development Plan.
5	The temporary service access (the temporary causeway) for land based plant shall be removed within three months of the completion of the offshore breakwaters unless the prior written consent of the Local Planning Authority has been obtained for its retention for a further temporary period. Reason: To safeguard the nature conservation interests of the site and in accordance with Policy C9 of the IW Unitary Development Plan.
6	The site and the effects of the works shall be monitored topographically and ecologically in accordance with a scheme to be submitted to and approved by the Local Planning Authority. The scheme shall provide for monitoring every six months for the first three years following completion of the works and then annually up to five years following completion. Reason: To safeguard the nature conservation interests of the site and in accordance with Policy C9 of the IW Unitary Development Plan.
7	The results of the monitoring of the site and works as required by condition 6 above shall be submitted to the Local Planning Authority. The results shall include detailed comparison with the forecast model included with the application together with proposals for rectifying any adverse effects identified by the monitoring. The agreed measures proposed to rectify adverse effects shall be implemented within the period agreed with the Local Planning Authority. Reason: To safeguard the nature conservation interests of the site and in accordance with Policy C9 of the IW Unitary Development Plan.
8	Haulage vehicles used to transport beach nourishment materials from Springvale and/or Seaview Duver shall be routed only via by that route shown in the plans and supporting documents hereby approved. The precise route and operating times shall be detailed in the plan of implementation required under condition 2 above and the agreed details shall be adhered to throughout the construction period. Reason: In the interest of highway safety and the amenities of nearby residential property in accordance with Policies D1 (Standards of Design) and TR7 (Highway Considerations for New Development) of the Isle of Wight Unitary Development Plan.
9	All rock material for the construction of the breakwaters shall be brought to the site by sea and deposited and transported within the agreed area shown on the plans and supporting documentation and shall not be stored nor transported in any other area without the prior written approval of the Local Planning Authority. Reason: To protect the integrity of the SSSI and to ensure the beach, if used, is used to an agreed working method
10	Heavy plant transportation shall be undertaken in accordance with a scheme to be agreed with the Local Planning Authority, details of which shall be included within the plan of implementation as required by condition 2 above. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway considerations) of the IW Unitary Development Plan.
11	Before the scheme hereby approved is completed the marker posts as detailed in the application shall be installed. Reason: In the interests of public safety.
12	Before the scheme hereby approved is completed, information boards showing the nature conservation interests of the area shall be erected in accordance with a scheme to be submitted to and approved by the Local Planning Authority. Reason: In order to advise, inform and educate interested parties regarding the nature conservation value of the site in accordance with Policy U2 of the IW Unitary Development Plan.
13	The breakwater shall be designed, constructed and (if necessary) adapted to incorporate fissures and voids between the individual rocks in a manner which will enable colonisation by marine animals. Reason: In order to create marine habitats and enhance the nature conservation value of the site.
14	Steps, including the installation and use of wheel cleaning facilities in accordance with details to be submitted to and approved in writing by the Local Planning Authority, shall be taken to prevent material being deposited on the highway as a result of any operation on the site. Any deposit of material from the site on the highway shall be removed as soon as practicable by the site operator. Reason: In the interests of highway safety and to prevent mud and dust from getting on the highway and to comply with policies TR7 (Highway Considerations) and M2 (Defined Mineral Working) of the IW Unitary Development Plan.
15	All HGV traffic relating to the approved Beach Management works will load, deliver and unload on a route approved in writing by the Traffic Management Section of the Isle of Wight Council's Engineering Services. Any temporary route signage will be retained in a clean and legible condition for the duration of the development and any sign that is damaged beyond repair or removed shall be replaced immediately. 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.

02

Reference Number: P/01885/05 - TCP/18291/C Parish/Name: East Cowes - Ward/Name: Osborne Registration Date: 26/09/2005 - Outline Planning Permission Officer: Mr P Salmon Tel: (01983) 823552 Applicant: Barratt (Southampton) Ltd Outline consent for 9.9 hectares of residential development; 9.9 hectares of employment development; managed woodland; nature conservation areas; proposed access road junction with Whippingham Road & Beatrice Avenue; network of public footpaths/cycleways; public transport link only to Kingston Road land bounded by Kingston Fm Lane/Cadets Walk/Kingslea Park/Beatrice Ave, E Cowes power station/agricultural land/south of E Cowes Vics football ground inc land off, Whippingham Road, East Cowes

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

REASON FOR COMMITTEE CONSIDERATION

This is a major application of strategic significance relating to a site allocated for both residential and employment uses in the Unitary Development Plan. The consideration of this application was deferred from the meeting of 20 December 2005 in order for officers to consult with SEEDA’s Regional Planner.

This report to the Development Control Sub Committee has been prepared by Helen Ashworth of Urban Vision for Phil Salmon, Development Team Manager on behalf of the Isle of Wight Council.

1 Details of Application

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

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

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

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

1.5 The development details are as follows:

1.5.1 The Masterplan

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

1.5.2 Access and Movement

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

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

1.5.3 Residential Development

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

1.5.4 Employment Development

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

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

1.5.5 Landscape Buffer

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

1.5.6 Public Open Space

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

1.5.7 Phasing

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

1.5.8 Service Provision

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

1.5.9 Construction

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

1.5.10 Post Construction

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

2 Location and Site Characteristics

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

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

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

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

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

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

3 Findings of the Environmental Statement (ES)

The findings of the ES are summarised as follows:

3.1 Air Quality

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

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

3.2 Community and Social Effects

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

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

3.3 Cultural Heritage

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

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

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

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

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

3.4 Ground Conditions

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

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

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

3.5 Land Use

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

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

3.6 Landscape and Visual Effects

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

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

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

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

3.7 Natural Heritage

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

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

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

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

3.8 Noise

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

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

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

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

3.9 Traffic and Transport

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

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

3.10 Water Quality and Hydrology

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

4 Relevant History

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

5 Development Plan Policy

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

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

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

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

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

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

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

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

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

o Concentrating most additional housing development within urban areas.

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

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

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

o Managing the release of housing land.

o Reviewing existing allocations of housing land in plans.

· Criteria for allocation should be based on:

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

o Availability of previously developed sites.

o Location and accessibility

o Capacity of existing and potential infrastructure

o Ability to build communities

o Physical and environmental constraints on the development of land.

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

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

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

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

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

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

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

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

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

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

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

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

· H6 – High Density Residential Development

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

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

The guidance for policy E5 (13) states:

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

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

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

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

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

· E1 – Promote Suitably Located New Employment Uses

· E9 – Employment Development Anywhere Within Settlements

· E10 – Warehouse and Storage Uses

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

· G1 – Development Envelopes for Towns and Villages

· G4 – General Locational Criteria for Development

· G6 – Development in Areas Liable to Flooding

· B2 - Settings of Listed Buildings

· B6 – Protection and Enhancement of Conservation Areas

· B9 – Protection of Archaeological Heritage

· B10 Park, Gardens and Landscapes of Historic Interest

· C7 – River Corridors and Estuaries

· C8 – Nature Conservation as a material consideration

· C9 – Sites of International Importance for Nature Conservation

· C12 – Development Affecting Trees and Woodland

· C13 – Hedgerows

· C14 – Safeguarding Best Agricultural Land

· P1 – Pollution and Development

· P5 – Reducing the Impact of Noise

· TR4 – Transport Statements Required for Major Development

· TR6 – Cycling and Walking

· TR7 – Highway Considerations for New Development

· TR8 –The Environmental Impact of New Infrastructure Systems

· TR16 – Parking Policies and Guidelines

· TR17 – Public Rights of Way

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

· U11 – Infrastructure and Services Provision

· U16 – Development Near High Voltage Overhead Power Lines

· L10 – Open Space in Housing Development

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

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

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

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

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

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

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

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

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

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

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

6 Consultee and Third Party Comments

6.1 Internal Consultees

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

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

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

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

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

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

6.2 External Consultees

King Sturge, acting as agents for SEEDA for the outline application for the regeneration of East Cowes, have submitted a letter outlining a number of concerns regarding this planning application, these are as follows:

· Whilst the Kingston site is allocated in the UDP for housing and employment purposes, the plan was prepared prior to the closure of the GKN North works, subsequently the Medina Valley SPG has been prepared which envisages a mixed use of element on the north works site including a substantial amount of housing.

· The UDP was prepared prior to the issue of PPG3 in March 2000. PPG3 places an emphasis on the reuse of previously developed sites and maximising potential of land with good access to jobs, shops and services by other modes other than by car. Paragraph 38 of PPG3 confirms that where a planning application relates to the development of greenfield sites allocated for housing it should be assessed and a decision made on the application in light of the policies set out in PPG3 the Government’s guidance is that the presumption will be that previously developed sites should be developed before greenfield sites.

· PPG3 should be considered as a material consideration that may supersede the policies in the adopted UDP.

· The proposals at Kingston should be coordinated with those in East Cowes to ensure that brownfield development is given priority.

· The two schemes must bring forward the necessary associated infrastructure and other planning benefits in a logical manner.

· There are further concerns regarding the cumulative affect of the Kingston and East Cowes Project proposals on traffic impact, drainage and services.

· There is a need for the Kingston Development to provide the financial contributions for community facilities, shops, public realm and other infrastructure in the town centre.

· Barratts are proposing 25% affordable housing which does not meet with guidance set out in the Council’s SPG.

· It is expected development will take place within the development envelope for East Cowes.

· If planning permission is granted it is essential to ensure that the employment land and housing land come forward in the coordinated manner.

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

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

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

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

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

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

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

· English Nature are prepared to remove a holding objection if the following issues are adequately addressed and incorporated in a revised Appropriate Assessment:

· A condition requiring the provision of open space according to requirements of UDP policy L10.

· A condition requiring development to front onto Kingston copse for surveillance and public safety purposes.

· A condition relating to the need for the treatment and fencing of the boundary between the development site and the mitigation land to be agreed with the Council.

· A condition appropriately controlling public speaking within the industrial area to reduce the likelihood of this encouraging public access to the waterfront.

· A condition requiring a suitably qualified ecologist to oversee the implementation of nature conservation mitigation proposals.

· The S106 Agreement to include the following:

o a mechanism to guarantee the perpetual on-going maintenance of open space and mitigation land

o consideration of an agreement for the management of separate mitigation sites

o a schedule of implementation works and activities for mitigation proposals

o a contribution to a project to improve availability of roost sites in the Medina Valley.

· DEFRA – No comments received to date

· Countryside Agency – No comments received to date.

.

6.3 Town or Parish Council comments

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

6.4 Neighbours

12 responses from neighbouring occupants and residents (including one from GKN) have been received. Their comments are summarised as follows:

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

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

· Should be control of rats during site clearance.

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

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

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

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

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

· Loss of wildlife, including badgers and bats

· Loss of landscape

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

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

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

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

· Concerns regarding increase in demand for water and water shortages

· Existing sewage problems - smells and effluent flows will worsen

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

6.5 Others

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

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

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

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

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

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

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

· Newport is frequently referred to as Newtown

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

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

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

· Lowest buildings should be on the ridge and perimeter

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

· Concerns regarding additional health and dental facilities required

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

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

· Impact on views from the Conservation Area

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

7 Evaluation

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

7.2 Principal of Development

· Policy Position

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

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

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

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

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

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

· Phasing

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

· Affordable Housing

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

· Density

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

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

7.3 Highways and Access Issues

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

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

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

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

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

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

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

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

7.4 Ecological and Natural Heritage Issues

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

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

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

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

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

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

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

· Officers consider English Nature’s requirements for adequate mitigation measures as appropriate and these will be outlined in the Appropriate Assessment.

7.5 Landscape and Visual Impact

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

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

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

7.6 Foul and Surface Water Drainage

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

7.7 Slope Stability and Geotechnics

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

7.8 Noise and Residential Amenity

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

7.9 In response to the King Sturge/SEEDA representations the officers have the following comments.

· Whilst the UDP was prepared prior to the PPG3 issued in 2000, the approach taken to housing allocations was consistent with the emerging PPG3 and this is an issue which was considered by the inspector at the time.

· Both the greenfield allocation at Kingston and the land at East Cowes were considered in the preparation of the urban capacity study which concluded that although some large urban capacity sites have been identified these sites were restricted in number and the Council would still need the release of greenfield allocations to meet its requirements for affordable housing.

· The emerging LDF will now be looking to identify sites for housing requirement until 2026.

· Taking this longer term into account a recent update of the urban capacity study (November 2005) highlighted the fact that the large urban capacity sites, along with the existing allocations, would still need to be required to come forward within the UDP period and that additional sites would be need to fulfill the housing requirement over period 2012 to 2026.

7.10 With regards to the issue of cumulative impact of both the Barratt’s scheme and SEEDA’s proposed regeneration of East Cowes, officers have taken into account both schemes both in highways terms and on impacts to community facilities in and around East Cowes. Officers have been negotiating an appropriate contribution from the Barratt scheme towards community facilities and infrastructure through a Section 106 Legal Agreement. Officers will do likewise with the SEEDA scheme and may seek a joint contribution from both SEEDA and Barratts for community facilities.

7.11 Section 106 Agreement Issues

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

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

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

o Open Space Maintenance contributions

o Community facility contributions

o Provision of a new bus route through the site

7.12 Affordable Housing

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

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

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

7.13 Other s106 Issues

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

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

8 Conclusion and Justification for Recommendation

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

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

9 Recommendation

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

· Provision of 25% affordable housing to be transferred to a registered social landlord.

· An education contribution.

· Open space maintenance contribution.

· Community facilities contribution

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

· Long term ecological management and maintenance plan

· Bus routing

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

Conditions/Reasons:

1	Application for approval of reserved matters must be made not later than the expiration of three years beginning with the date of this permission and the development must be begun not later than the expiration of two years from the final approval of the reserved matters, or, in the case of approval on different dates, the final approval of the last such matter to be approved. Reason: To comply with Section 92 of the Town and Country Planning Act 1990.
2	No development shall be started until full details of the following reserved matters have been submitted to and approved by the Local Planning Authority: the layout of the site, including the disposition of buildings and roads and provision for parking and servicing; plans and elevations showing the design of all buildings and other structures; the colour and type of facing materials to be used for all external walls and roofs; a landscape scheme for the site which shall include details of trees and shrubs to be planted, any existing trees to be retained, or felled indicating the spread of the branches and trunk positions, walls, fences, boundary and surface treatment. Reason: In order to secure a satisfactory development and be in accordance with policies S6 (Standards of Design), D1 (Standards of Design), D2 (Standards of Development Within the Site), D3 (Landscaping), TR7 (Highway Consideration for New Development) of the IW Unitary Development Plan.
3	No development of the employment site shall commence until an overall Masterplan for that area has been submitted for the written approval of the Local Planning Authority. Such Masterplan shall include the following: An element of development that fronts onto Kingston Copse for the purposes of surveillance and public safety The locations and split of B1c, B2 and B8 uses within the employment area, with particular attention to the location of B2 marine uses in locations accessible to the River and B1 uses in areas adjacent to existing and future residential properties A scheme to indicate how the means of access to the waterfront for the B2 marine uses will be secured, which will consider the options of using the Wharf at the Kingston Works site and/or access through the Kingston power station site Internal road layout of the employment site, which shall accord with the advice contained with Design Bulletin 32 Overall strategy for car parking, disabled persons parking, HGV parking and cycle parking Overall strategy for landscaping and boundary treatments An overall artificial lighting strategy for the site A phasing programme for the development of the site Such Masterplan shall be approved in writing by the Local Planning Authority and development on the employment site shall take place in accordance with such principals, unless otherwise agreed in writing with the local Planning Authority. Reason: To ensure that development is carried out in accordance with an overall design strategy in accordance with policy G4 (General Locational Criteria) and D2 (Standards for Development Within the site) of the IW Unitary Development Plan.
4	The development on this site shall be carried out in substantial accordance with the zoned areas relating to the mix of residential and employment uses and the maximum heights of buildings within these areas, as identified by the colour-coding on the illustrative Masterplan drawing no. D18/1111/MPOL/A001 dated 29 November 2005 and indicated in Sections XXX and XXX as shown on drawing no. D18/1111/SKSS/01 Reason: In order to secure a satisfactory development and be in accordance with policies S5 and S10 of the IW Unitary Development Plan.
5	A phasing programme for the residential development shall be submitted to the Local Planning Authority for written approval before any operations are commenced. The development shall proceed in accordance with the approved phasing programme. Reason: To ensure the development is carried out in a properly phased manner in compliance with policy G4 (General Locational Criteria for Development) and D2 (Standards for Development within the Site) of the IW Unitary Development Plan.
6	The density of development on this site shall be between 30 dwellings per hectare and 55 dwellings per hectare and shall contain a variety of house-types and size of units. Reason: In compliance with policy H2 (To ensure that large residential developments contain a variety of house sizes and types) of the IW Unitary Development Plan.
7	Prior to the commencement of the development, the developer shall submit a site investigation report for the approval of the Local Planning Authority. The investigation shall address the nature, degree and distribution of ground contamination and ground gases on site and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part IIA, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of ground conditions on the health and safety of site workers, on nearby occupied building structures, on services and landscaping schemes and on wider environmental receptors including ecological systems and property. The sampling and analytical strategy shall be approved by the Local Planning Authority prior to the start of the site investigation survey. Recommendations and remedial works contained within the approved report shall be implemented by the developer prior to occupation of the site. Prior to discharge of the Contaminated Land Condition, a Site Completion Report shall be submitted to the Local Planning Authority for approval. The Site Completion Report shall validate that all works undertaken on site were completed in accordance with those agreed by the Local Planning Authority. Reason: To protect the environment and prevent harm to human health by ensuring that where necessary the land is remediated to an appropriate standard in order to comply with Part IIA of the Environmental Protection Act 1990, in accordance with policy P3 of the IW Unitary Development Plan
8	Prior to the commencement of any development including site clearance and preparation a Noise Management Scheme shall be submitted to and approved in writing by the Local Planning Authority. The Scheme shall detail the works involved for various stages of the development and shall detail the impact of noise and vibration from the proposed works on the neighbouring noise sensitive properties along the northern aspects of the site including dwellings on Kingslea Park, Greenlands Road, Harvey Close and Kingston Farmhouse and future residents of the proposed development. The Scheme shall detail any mitigation measures which are required to minimise the impact of noise and vibration from the construction phase of the development on the neighbouring noise sensitive properties. The construction phases of the development shall be carried out in strict accordance with the approved Scheme and associated mitigation measures unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the amenity of existing and future residents, in accordance with policy P5 of the IW Unitary Development Plan
9	The combined noise level from all fixed plant and machinery associated with the proposed development shall not exceed 27.0 dB LAeq.1hr(freefield) at the proposed dwellings and existing dwellings. Reason: To safeguard the amenity of existing and future residents, in accordance with policy P5 of the IW Unitary Development Plan
10	Prior to the commencement of any development including site clearance and preparation a Dust Management Plan for the site clearance/site remodelling and construction phases shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall examine all aspects of the site preparation and construction phases where the generation of dust is feasible and further identify control measures to mitigate the generation of dust. The Dust Management Plan shall contain recommendations for measures to adequately control the generation of dust on the site including the access and egress of vehicles on and off the site. The development shall be carried out in strict accordance with the approved Plan unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the amenity of existing and future residents, in accordance with policy P5 of the IW Unitary Development Plan
11	Construction works should not occur before 08.00hrs or after 18.00hrs Monday to Fridays inclusive and Saturdays 08.00 to 13.00hrs and there should be no working or deliveries to the site outside those hours. Reason: To safeguard the amenity of existing and future residents, in accordance with policy P5 of the IW Unitary Development Plan
12	Deliveries to the employment uses and subsequent unloading of delivered materials/goods shall not occur at any time outside the following permitted hours: Monday to Friday 08:00 to 20:00 hours; Saturday 08:00 to 16:00; Sundays and Bank Holidays 10:00 to 14:00. Reason: To safeguard the amenity of existing and future residents, in accordance with policy P5 of the IW Unitary Development Plan
13	On completion of the spinal access road, the surfaces of the spinal access road and other internal access roads shall be maintained in good state of repair and kept clean and free of mud and other debris at all times during construction works and until completion of construction works. Reason: In the interests of highway safety and safeguarding the local environment, in accordance with policy P1 of the IW Unitary Development Plan
14	No construction vehicle shall enter the public highway unless their wheels and chassis have been cleaned to prevent material being deposited on the highway. Reason: In the interests of highway safety and to prevent mud and dust getting on the highway, in accordance with policy P1 of the IW Unitary Development Plan
15	Prior to the submission of any reserved matters application a full arboricultural survey shall be submitted for the written approval of the Local Planning Authority and shall include the following: a plan showing the location of, and allocating a reference number to, each existing tree on the site which has a stem with a diameter, measured over the bark at a point 1.5 metres above ground level, exceeding 75mm, showing the species, girth or stem diameter, height, crown spread, state of health and stability of each tree, together with details of those trees that are to be retained and details of any proposed topping or lopping; details of any proposed topping or lopping of any tree on land adjacent to the site; a plan showing existing ground levels and details of any proposed alterations thereto and of any proposed excavations; a plan showing the location, spread, height, species and state of health of all existing hedgerows, hedges and other areas of vegetation on the site, together with details of those that are to be retained and details of any that are proposed to be cut back or removed, wholly or partially. No development shall be started until all the trees within (or overhanging) the site, with the exception of those trees clearly shown to be felled on the submitted plan, have been surrounded by substantial fences which shall extend to the extreme circumference of the spread of the branches of the trees (or such positions as may be agreed in writing by the Local Planning Authority). Such fences shall be erected in accordance with a specification to be submitted to and approved in writing by the Local Planning Authority and shall remain until all development is completed and no work, including any form of drainage or storage of materials, earth or topsoil shall take place within the perimeter of such fencing. Development shall be carried out in accordance with the approved plans, particulars and details pursuant to this condition. Reason: To allow the proper consideration of the impact of the proposed development on the amenity value of the existing site and to comply with policies D3 (Landscaping) and C12 (Development affecting Trees and Woodland) of the IW Unitary Development Plan.
16	No development shall be commenced unless and until details of measures to protect and safeguard the hedgerows within the application site, have been submitted to and approved in writing by the Local Planning Authority. Such measures as may be agreed shall be implemented prior to the commencement of site works and remain for the duration of the construction phase In this condition "retained hedge or hedgerow" means an existing hedge or hedgerow which is to be retained in accordance with the approved plans and particulars. No retained hedge or hedgerow shall be cut down, uprooted or destroyed, nor shall any retained hedge or hedgerow be reduced in height other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. If within a period of 5 years from the completion of the development the whole or any part of any retained hedge or hedgerow is removed, uprooted, is destroyed or dies, another hedge or hedgerow shall be planted at the same place and that hedge or hedgerow shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority. The erection of fencing for the protection of any retained hedge or hedgerow shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any fenced area in accordance with this condition and the ground levels within those areas shall not be altered nor shall any excavation be made or fire be lit, without the written consent of the Local Planning Authority. Reason: To ensure the continuity of amenity afforded by existing hedges or hedgerows and to comply with policies D1 (Standards of Design) and C13 (Hedgerows) of the IW Unitary Development Plan.
17	This permission shall relate to the use of the site for Classes B1c, B2 and B8 development and in total combination shall not exceed a maximum gross floorspace of 49,774m^2 and individually shall not exceed 12,831m^2 B1c uses and 36,943m^2 B2/B8 uses. Reason: In accordance with the stated intentions of the applicant and the submitted Environmental Impact Assessment and traffic assessment against which the application has been assessed. Any material alteration from such assessments may have an impact which has not been subject to proper consideration against the relevant planning policies.
18	No development of the employment site shall be commenced unless and until a scheme detailing the proposed artificial lighting for that part of the application site has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with the approved lighting scheme unless otherwise agreed in writing by the Local Planning Authority and maintained as such thereafter. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D4 (Light Spillage) of the IW Unitary Development Plan
19	Within a period of one month of the occupation of each unit within the employment area of the site, the occupier/tenant/landlord of each unit shall undertake a travel survey and this data will form part of a Travel Plan. Within a period of 6 months from the first date of occupation of each unit, a Travel Plan shall be submitted for the written approval of the Local Planning Authority. The Travel Plan shall as a minimum include the broad areas of actions, objectives and timescales for review and monitoring. Within a period of twelve months of the occupation of the building, the tenant/landlord shall undertake a monitoring survey. Within twelve months of occupation of each unit, a Travel Plan shall be submitted for the written approval of the Local Planning Authority, which shall include a review of targets, measures and staff survey data. Annually from the occupation of the building, a Travel Plan shall be submitted for the written approval of the Local Planning Authority for a period of 5 years and then at a time agreed in writing by the Local Planning Authority. Reason: To ensure sustainable modes of travel are used in accordance with policy of the E1 (Promotion of New Employment Uses) and TR3 (Locating Development to Minimize the Need to Travel) of the IW Unitary Development Plan.
20	Overall parking provision on the residential area of the site shall ensure minimum 1 parking space per unit and shall not exceed an average of 1.5 parking spaces per unit. No dwelling shall be occupied until the associated provision for off street parking has been completed and made available for the use of that dwelling to the satisfaction of the Local Planning Authority. Such spaces shall be available at all times for the parking of a private motor vehicle. Reason: In compliance with policy TR16 (Parking Policies and Guidelines) of the IW Unitary Development Plan and advice contained in PPG3 - Housing.
21	No development shall be commenced on the residential part of the site unless and until a scheme detailing the locations of and level of provision for disabled persons car parking has been submitted for the written approval of the Local Planning Authority. Such approved parking provision shall be completed in accordance with the approved details and made available for use prior to the first occupation of the associated dwellings. The parking provision shall be retained and kept available for use thereafter. Reason: To ensure an adequate level of provision for disabled persons car parking, in accordance with policy TR16 (Parking Policies and Guidelines) of the IW Unitary Development Plan
22	No development shall be commenced on the residential part of the site unless and until a scheme detailing the design, locations and level of provision for cycle parking has been submitted for the written approval of the Local Planning Authority. The scheme shall provide for a minimum level of provision of 1 space per flat and 1 space for each dwellinghouse without curtilage or garage. Such approved cycle parking provision shall be completed in accordance with the approved details and made available for use prior to the first occupation of the associated dwellings. The cycle parking provision shall be retained and kept available for use thereafter. Reason: To ensure an adequate level of provision for cycle parking, in accordance with policy TR16 (Parking Policies and Guidelines) of the IW Unitary Development Plan
23	Vehicular access to the North of the site connecting to Kingston Road shall not be used other than as a route for the arrival and departure of buses, cycles and pedestrians. Details of how such use is to be restricted and maintained including physical and management controls (the measures) shall be submitted to and approved in writing by the Local Planning Authority prior to the first use of the new road. The approved measures shall be implemented, retained and maintained thereafter. Reason: In the interests of highway safety in accordance with policy TR7 (Highway Considerations) of the IW Unitary Development Plan and in accordance with the requirements of policyE5 (13) (Allocation of Employment Sites – Kingston) of the IW Unitary Development Plan
24	Notwithstanding the details contained within the ES and shown on the Masterplan D18/1111/SMP/A101 dated 18 April 2005, no development shall be commenced unless and until a detailed pedestrian access strategy including timescales for its implementation has been submitted to and approved in writing by the Local Planning Authority. The strategy shall include full details of the network of paths in and around Kingston Copse; within the southern area of the application site; and within the area where residential development and the links with the internal networks to the footpath networks outside the application site. The strategy shall include full details of path standards including their dimensions, construction and surface materials. The development shall be carried out in accordance with the approved strategy. Reason: To ensure an adequate level and standard of provision in appropriate locations and to prevent disturbance to wildlife and sensitive areas, in accordance with policies C8 (Nature Conservation), TR17 (Public Rights of Way) and TR6 (Cycling and Walking) of the IW Unitary Development Plan.
25	No development pursuant to this planning permission shall commence unless and until the developer has submitted the following full design and construction details of the required improvements to the access with Beatrice Avenue and such details have been first agreed in writing by the Local Planning Authority, in consultation with the local highway authorities and shown in outline in Drawing XXXX dated XXXX. Development shall be carried out in accordance with the approved details. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
26	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no means of access shall be provided between the development hereby approved and Beatrice Avenue other than that expressly authorised by this permission. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
27	Prior to the commencement of development on the residential area of the site, the developer shall submit a traffic calming and street lighting scheme for that part of the development and for Beatrice Avenue for the written approval of the Local Planning Authority. The approved scheme shall be implemented prior to the 25% occupation of the dwellings and shall be retained and maintained thereafter. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
28	On completion of 220 dwellings or before 2009, whichever is sooner, the spinal access road as indicated on the Masterplan D18/1111/MPOL/A001 dated 29 November 2005 shall be provided and completed in its entirety to its junction with Kingston Road, in accordance with detailed drawings to be first submitted for the written approval of the Local Planning Authority. Reason: To ensure an adequate standard of highway access and drainage for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
29	Prior to the first occupation of any dwelling, the extent of vehicular and pedestrian access from Whippingham Road to the employment site as shown on Masterplan D18/1111/SMP/A101) should be provided and completed in its entirety, in accordance with detailed drawings (which shall include full details of levels, construction details, surfacing, drainage, bund positions and construction, verge planting and sectional drawings) to be submitted for the written approval of the Local Planning Authority. Reason: To ensure an adequate standard of highway access and drainage for the proposed dwellings and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
30	Prior to the commencement of any development including site clearance and preparation, a scheme detailing the provision of maintenance access to the former sewage works site shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall indicate how access to the former sewage works will be provided and maintained and shall include levels, surfacing, drainage and construction details and how the means of restricting its use to maintenance vehicles will be achieved. Development shall be carried out in accordance with the approved details and shall be retained and maintained thereafter. Reason: To ensure that an adequate means of access is provided to the former sewage works site, in accordance with policies TR7 (Highway Considerations) and C12 (Development affecting Trees and Woodland) of the IW Unitary Development Plan.
31	No development approved by this permission shall be commenced until schemes for the disposal of foul and surface waters have been approved in writing by the Local Planning Authority. The scheme for the surface water regulatory system shall be designed and implemented to the satisfaction of the Local Planning Authority and shall be supported by detailed calculations. The surface water regulatory system scheme shall include a maintenance programme and shall establish ownership of the storage system for the future. The formulation of a scheme for the disposal of surface waters shall investigate the potential for such a scheme to be delivered in a sustainable form (SuDS). Should such an approach prove not to be feasible or viable the developer shall demonstrate in writing the reasons why. The development shall be constructed, completed and maintained in accordance with the approved schemes unless otherwise agreed in writing by the Local Planning Authority. No dwelling or employment unit shall be first occupied until the associated infrastructure for the disposal of foul and surface waters has been completed. Reason: To ensure that the disposal of foul waters and surface water run-off is satisfactorily accommodated and to comply with policies C8 (Nature Conservation), G6 (Development in Areas Liable to Flooding) and U11 (Infrastructure and Services Provision) of the IW Unitary Development Plan.
32	Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstanding shall be passed through an oil interceptor that has been constructed in accordance with details submitted to and approved in writing by the Local Planning Authority. Roof water shall not be permitted to pass through the interceptor. Reason: To minimise the risk of pollution and to comply with policy P1 (Pollution and Development) of the IW Unitary Development Plan.
33	Prior to the commencement of any development including site clearance and preparation and between the months of March and September inclusive, engineering works associated with the creation of an ecological bund and buffer area adjacent to the River Medina shall be undertaken in accordance with a detailed scheme to be first submitted to and approved in writing by the Local Planning Authority. The scheme shall also include full details of planting for the ecological buffer area which shall be undertaken in the first available planting season following the completion of the engineering works associated with the construction of the bund. If within a period of 5 years from the completion of the ecological bund and buffer area any planting is removed, uprooted, is destroyed or dies, replacement planting shall be provided locations and of a size and species and timing, as shall be specified in writing to and approved in writing by the Local Planning Authority. Development of the ecological bund and buffer area shall be carried out in accordance with the approved details and shall be retained and maintained thereafter. Reason: In order to prevent disturbance to wildlife and habitats in accordance with policies C8 (Nature Conservation), C7 (River Corridors and Estuaries) and C9 (Sites of International Importance for Nature Conservation) of the IW Unitary Development Plan.
34	Prior to the commencement of any development including site clearance and preparation, the landscape buffer zone and land to the south of the areas of the site identified for employment and residential development shall be fenced in accordance with a scheme to be first submitted and approved in writing by the Local Planning Authority. Such scheme shall include the locations of fencing, its height and design. The approved fencing shall be erected, retained and maintained thereafter. Reason: In order to prevent disturbance to wildlife and habitats in accordance with policies C8 (Nature Conservation), C7 (River Corridors and Estuaries) and C9 (Sites of International Importance for Nature Conservation) of the IW Unitary Development Plan
35	No site clearance, ground remodelling or other preparatory works including the removal of trees, shrubs and grassland vegetation shall be carried out between the months of March to July inclusive. Reason: In order to prevent disturbance to wildlife and habitats in accordance with policies C8 (Nature Conservation) and C9 (Sites of International Importance for Nature Conservation) of the IW Unitary Development Plan.
36	Any trees or buildings on the site which are to be felled/removed and which have the potential to provide bat roosts shall be surveyed by a competent specialist one month prior to their felling/removal. If the presence of bats is recorded mitigation measures shall be first submitted to and agreed in writing by the Local Planning Authority. The felling/removal of such trees/buildings shall be carried out in accordance with the approved mitigation measures. Reason: In order to prevent disturbance to wildlife and habitats in accordance with policy C8 (Nature Conservation) of the IW Unitary Development Plan.
37	No development shall be commenced unless and until an ecological mitigation strategy has been submitted to and approved in writing by the Local Planning Authority. The strategy shall include full details of measures for habitat creation and enhancement and mitigation planting throughout the application site and details of its management and maintenance. The strategy shall also include details of measures for the management of maintenance of retained features including hedgerows and Kingston Copse. The strategy shall also include details to demonstrate how the wildlife on adjacent sites is to be protected during the construction period. The development shall be carried out in accordance with the approved strategy. Reason: In order to protect and enhance the nature conservation and bio-diversity of the site in accordance with policies C8 (Nature Conservation), C7 (River Corridors and Estuaries) and C9 (Sites of International Importance for Nature Conservation) of the IW Unitary Development Plan.
38	Piling, or any other foundation design using penetrative methods, will not be permitted on any part of the site between the months of October to March inclusive. Reason: In order to prevent disturbance to wildlife and habitats in accordance with policies C8 (Nature Conservation) and C9 (Sites of International Importance for Nature Conservation) of the IW Unitary Development Plan.
39	Immediately prior to development, a survey should be carried out to determine the presence or otherwise of badgers on site. The results of the survey should be submitted to the planning authority. Reason: In order to prevent disturbance to wildlife and habitats in accordance with policy C8 (Nature Conservation) of the IW Unitary Development Plan.
40	A mitigation plan for the translocation of reptiles should be agreed with the Local Planning Authority and implemented in full, prior to development of those parts of site where reptiles are known to be present. Reason: In order to prevent disturbance to wildlife and habitats in accordance with policy C8 (Nature Conservation) of the IW Unitary Development Plan.
41	No development shall be commenced within the application site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which shall have been submitted to and approved in writing by the Local Planning Authority. The development of the site shall be carried out in accordance with the approved scheme of investigation. Reason: In order to ensure that provision is made for the provision of a programme of archaeological recording, in accordance with policy B9 of the IW Unitary Development Plan.
42	No development on the residential part of the site approved by this permission shall be commenced until full details of the existing and proposed ground levels for that part of the site have been submitted to and approved by the Local Planning Authority. The development shall be constructed and completed in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and maintaining the visual amenity of existing residents, in accordance with policies C1 (Protection of Landscape Character), D1 (Standards of Design) and D2 (Standards for Development Within the Site) of the IW Unitary Development Plan.
43	No development on the employment part of the site approved by this permission shall be commenced until full details of the existing and proposed ground levels for that part of the site have been submitted to and approved by the Local Planning Authority. The development shall be constructed and completed in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and maintaining the visual amenity of existing residents, in accordance with policies C1 (Protection of Landscape Character), D1 (Standards of Design) and D2 (Standards for Development Within the Site) of the IW Unitary Development Plan.
44	No development shall be commenced on the employment part of the site unless and until a scheme demonstrating the incorporation of energy efficiency measures into the design and operation of the buildings have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved particulars. Reason: In the interests of making more efficient uses of existing resources and renewable energy, in accordance with policy D13 (Energy Conservation) of the IW Unitary Development Plan.
45	No development shall commence on the employment part of the site unless and until a scheme demonstrating the incorporation of renewable energy options to be used in the design and operation of the buildings have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme. Reason: In the interests of making more efficient uses of existing resources and renewable energy, in accordance with policy D13 (Energy Conservation) of the IW Unitary Development Plan.
46	No development shall be commenced on the residential part of the site unless and until a scheme demonstrating the incorporation of energy efficiency measures into the design and operation of the buildings have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved particulars. Reason: In the interests of making more efficient uses of existing resources and renewable energy, in accordance with policy D13 (Energy Conservation) of the IW Unitary Development Plan.
47	No development shall commence on the residential part of the site unless and until a scheme demonstrating the incorporation of renewable energy options to be used in the design and operation of the buildings have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme. Reason: In the interests of making more efficient uses of existing resources and renewable energy, in accordance with policy D13 (Energy Conservation) of the IW Unitary Development Plan.
48	No development shall commence on the residential part of the site unless and until details of the location and layout of the site compound (s) for that part of the site have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and maintaining the amenity of existing residents, in accordance with policies C1 (Protection of Landscape Character), D1 (Standards of Design) and D2 (Standards for Development Within the Site) of the IW Unitary Development Plan.
49	No development shall commence on the employment part of the site unless and until details of the location and layout of the site compound (s) for that part of the site have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and maintaining the amenity of existing residents, in accordance with policies C1 (Protection of Landscape Character), D1 (Standards of Design) and D2 (Standards for Development Within the Site) of the IW Unitary Development Plan.
50	Prior to the first occupation of the development, a landscape management plan, including long-term design objectives, management responsibilities and maintenance schedules for all landscaped areas, other than privately owned domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out in accordance with the approved details. Reason: To ensure the provision of long-term maintenance at the site, in accordance with policy D3 (Landscaping) of the IW Unitary Development Plan.
51	Prior to the commencement of any development a scheme outlining the provisions of open space within the proposed housing development shall be submitted to and agreed in writing by the Local Planning Authority. Reason: In order to reduce pressures on sensitive nature conservation areas and to receive a satisfactory development and be in accordance with Policy L10 (Open Space in Housing Development) of the IW Unitary Development Plan.
52	Prior to the commencement of any development a scheme outlining the boundary treatment between the development site and any mitigation land shall be submitted to and agreed in writing with the Local Planning Authority. Reason: In order to protect nature conservation interests and be in accordance with Policy C8 (Nature Conservation) of the IW Unitary Development Plan.
53	Prior to the commencement of any development a scheme outlining the management of public parking within industrial area shall be submitted to and agreed in writing by the Local Planning Authority. Reason: In order to reduce the likelihood of public access to the waterfront and to protect nature conservation interests and be in accordance with Policy C8 (Nature Conservation of the IW Unitary Development Plan.
54	All mitigation proposals for the protection of nature conservation interests shall be overseen by an appropriately qualified ecologist. Reason: In order to secure the appropriate implementation of any mitigation measures in order to protect nature conservation interests and be in accordance with Policy C8 (Nature Conservation) of the IW Unitary Development Plan.
55	Prior to the commencement of any development a scheme outlining public access controls shall be submitted to and agreed in writing by the Local Planning Authority. Reason: In order to protect nature conservation interests and be in accordance with Policy C8 (Nature Conservation) of the IW Unitary Development Plan.
56	All uses, construction and operations associated with the development hereby permitted shall be carried out in a manner that falls within the parameters of the Environment Statement (as amended) including all of the relevant mitigation measures, unless otherwise agreed in writing with the Local Planning Authority. Reason: To keep to a minimum the impacts associated with the development in the interests of the designated sites and the amenities of the area and nearby residential occupiers and to comply with the strategic policy S10 (Designated and Defined Areas) and policies G4 (General Locational Criteria for Development), G10 (Potential Conflict Between Proposed Development and Existing Surrounding Uses), C1 (Protection of Landscape Character), C8 (Nature Conservation as a Material Consideration) and C9 (Sites of International Importance for Nature Conservation) of the Isle of Wight Unitary Development Plan.

Informatives:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

03

Reference Number: P/01984/05 - TCP/09990/P – Joint Application P/01980/05 – CAC/09990/N Parish/Name: Ryde - Ward/Name: Ryde North East Registration Date: 11/11/2005 - Outline Planning Permission Officer: Mr J Fletcher Tel: (01983) 823552 Applicant: Coombs Property Developments Demolition of buildings; outline for residential development of 27 flats in 2 blocks; alterations to vehicular access Bellevue Garage, 3a, East Street, Ryde, PO331JB

These applications are recommended for Refusal

REASON FOR COMMITTEE CONSIDERATION

This is a major application and contentious by reason of issues regarding contamination, flooding and design. It is accompanied by an application for Conservation Area Consent for demolition of buildings located within the Conservation Area.

1 Details of Application

1.1 This is a full application with all matters to be considered at this time.

1.2 Application for planning permission is accompanied by a further application for Conservation Area Consent, seeking to justify the demolition of buildings within the Conservation Area and their replacement with the development described in the planning application.

1.3 The proposal comprises the clearance of the whole of the site for redevelopment with 27 living units within two main blocks separated by vehicular access and landscaped car parking area, the access being approximately 50 metres from the junction with East Street and Monkton Street.

1.4 The two blocks are of similar style, a contemporary design, essentially three storeys in height under a mono pitch roof constructed and finished in terracotta cladding with render, finished in a colour yet to be determined. Roofing is proposed to be zinc sheet with some areas of slate.

1.5 Block A is shown to be in four elements, two almost identical but stepped, a third of similar proportions but at right angles to the first two blocks, the fourth element linking them together serving as the main entrance and stairwell to the nine units contained within the block.

1.6 The block runs parallel to East Street and in very close proximity, the closet point being only 0.75m from edge of the footpath.

1.7 Block B is a more complex plan form enclosing a courtyard and also turning the corner between East Street and Monkton Street.

1.8 Designed in similar style and finishes to the north western most block, it too is essentially three storeys in height under a mono pitched roof and comprises, in its East Street elevation a building of three distinct elements linked by common stairwells, recessed from the front elevation.

1.9 Block B, the south eastern most block has three wings and together with adjoining buildings encloses a courtyard which is shown to be accessed by pedestrians only and substantially landscaped.

1.10 In more detailed terms the proposed buildings are essentially three storey under mono pitched roofs; the upper storey includes a rendered finish the junction between it and the ground and first floors to be delineated firmly by a string course, the lower section being also in a through colour render.

1.11 The first floor incorporates other features such as ‘Juliet’ balconies and unusual oriel type windows which wrap around each of the four corners on the elevation to east Street and the second floor incorporates a contemporary dormer type window to each of the upper units each roofed with a mono pitch falling adversely to the main roofs.

1.12 Other details show that the main roofs will be clad in slate with zinc roofing to link units; terracotta cladding to link units and the fenestration to be in powder coated aluminium without a colour specified.

1.13 The scheme makes provision for storage of refuse containers and for the storage of cycles.

1.14 Outside, in the parking courtyard, it is proposed to make provision for 13 car spaces; the surfacing to be in macadam but with those areas delineated with “conservation kerbing” and the remaining areas to be densely landscaped.

1.15 Areas between the existing blocks and the back of the footway fronting East Street to be either hard surface or landscaped; the frontage to Monkton Street to be treated similarly.

2 Location and Site Characteristics

2.1 Site is approximately 0.18 hectares presently occupied by a range of different buildings of different styles and materials ranging from steel framed and clad structures to natural stone and brick and, in addition, of varying ages.

2.2 Site is located on the north side of East Street where it joins with Monkton Street and has an overall frontage of about 180m to East Street and 35m to Monkton Street.

2.3 Area is of mixed appearance and uses, much residential, some shops, the existing garage and some other, commercial uses. Much of the development in the area is of two storeys in height but there are numerous instances of three storey development in the near vicinity. The two storey development is of large scale due to its era, the more modern development located to the south is located ion higher ground.

3 Relevant History

3.1 None relevant to the current proposal for residential redevelopment.

4 Development Plan Policy

4.1 National Policy Guidance – PPG – Housing and PPS Consultation Paper 3 relating to housing are applicable.

4.2 PPG15 – Planning and Historic environment relates directly to the demolition and replacement of the buildings within the conservation area.

4.3 The following UDP Policies are all applicable:

D1 – Standards of Design

D2 – Standards for Development within the Site

H5 – Infill Development

H6 – High Density Residential Development

B6 – Protection and enhancement of Conservation Areas

B7 – Demolition of Non-Listed Buildings in Conservation Areas

G6 – Areas Liable to Flooding

TR7 – Highway Considerations for New Development

4.4 Site is located within the Ryde Conservation Area.

4.5 Policies regarding provision of social housing and contributions to education, open space and transportation are also applicable.

5 Consultee and Third Party Comments

5.1 Internal Consultees

· Highway engineer recommends conditions if approved.

· Conservation and Design Team consider the planning application proposals constitute a lack of contextual illustration showing the proposal in its surroundings and that the scheme fails to respect the character and appearance of the Conservation Area and represents an opportunity lost to enhance the traditional streetscape albeit in a contemporary form.

In addition the application for Conservation Area consent fails to justify the demolition of the existing buildings are required by PPG15. The submission includes no evidence of attempts to market the buildings or to convert them whilst the earlier buildings are considered to contribute positively to the Conservation Area and again, the proposals represent a lost opportunity to enhance the streetscape. As there is no acceptable replacement scheme the demolition would leave an unsightly gap if the buildings were to be demolished and the existing buildings should remain.

5.2 External Consultees

· The Environment Agency object to the proposal on grounds of insufficient information to demonstrate that the risk of pollution to controlled waters is acceptable. In addition, points out that there has been no submitted study in respect of either pollution or risk assessment.

· Environmental Health Officer recommends conditions if approved.

· Network Rail requests conditions if approved.

5.3 Town or Parish Council Comments

Not applicable.

5.4 Neighbours

· Eight letters of objection on grounds of excessive height, that three storeys are not compatible with adjoining development, loss of privacy and overlooking, over ambitious development and over development of the site, loss of light, inadequate car parking, development will create congestion in the area, possible flooding, potential dangers of its previous uses and contamination especially of existing petrol tanks; loss of historic buildings, inappropriate design and development out of keeping, poor design, loss of garage as important facility, inadequate drainage. Two of the objection letters give qualified support to redevelopment in principle but argue that the current scheme is inappropriate and excessive.

5.5 Others

· Island Watch object to the development on grounds of detriment to the Conservation Area.

6 Evaluation

6.1 The main issues relating to the application are considerations of:

· Policy – with regard to the proposed development within the Conservation Area and whether or not the demolition of the building has been justified.

· Design and height of the development

· Density of development

· Flooding issues

· Contamination issues

· Drainage

· Parking

· Effect on adjoining properties

6.2 In land use terms and policies, the redevelopment of this garage with residential is considered to be acceptable in principle. However, as with any redevelopment in a conservation area where demolition of buildings is required, policy and National Guidance is that the general presumption should be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area and that proposals to demolish such buildings should be assessed against the same broad criteria as proposals to demolish listed buildings. Furthermore, consent for demolition should not be given unless there are acceptable and detailed plans for any redevelopment. In this instance it is clear that the whole of the site is proposed to be cleared of building for redevelopment and although some of those buildings are modern and make little or no contribution to the conservation area, there are buildings which are of some merit. The Conservation and Design Team consider that there is insufficient information to justify both the demolition of the buildings within the conservation area and the acceptability of the proposed scheme to blend with the character of this location. Accordingly, it is concluded that the lack of contextual information fails to justify the demolition of the existing buildings and to justify the merit of the proposed replacement scheme.

6.3 In terms of design and height, the design is contemporary and materials proposed are comparatively modern. Contemporary architecture as redevelopment in a Conservation Area is one solution and, indeed, the development directly opposite in East Street is of modern appearance, design but of traditional materials. The proposed modern approach includes zinc sheeting to some roof areas and powder coated aluminium windows but it is thought the combination of the design and materials in this location would be an inappropriate addition to the conservation area in this corner location.

6.4 Some objections have been received to the development in terms of the overall height but it will be seen that the proposal is for three storeys with a mono pitched roof and the overall height of the development is similar to some surrounding buildings. Indeed the development on the east side of Monkton Street is three storeys in height but the form the roof takes in this instance, although comparatively shallow, does present a continuous ridge line rather than punctuated by variation in gables and valleys. Overall I do not consider the design to be appropriate in this location within the conservation area.

6.5 In terms of density, the proposal seeks to provide 27 single and two bedroom flats on a site of 0.182 hectares. This computes at about 148 dwellings per hectare and Members are reminded that densities of 30-50 dwellings per hectare are encouraged by national planning guidance in PPG3. Whilst the 148 units per hectare seems dense and well in excess of 50 dwellings per hectare, it should be remembered that the development is in the form of flats where high densities are much more easily achieved.

6.6 In principle, whilst no objections have been raised to the density per se, the number of units if reduced, could articulate the development further, especially in terms of roof profile which would improve the appearance of the development and, potentially, increase the proportion of parking spaces to residential units.

6.7 The application was accompanied by a Flood Risk Assessment and although part of the site is in Flood Zone 2, the Environment Agency has confirmed that they are satisfied with the flood risk assessment and raise no objection. The site has been used for many years as a motor repair and servicing garage and for the sale of vehicle fuel. As with any of these sites, there are contamination issues and, in this instance, inadequate information has been supplied with the application to demonstrate that the risk of pollution to controlled waters is acceptable. Accordingly, the Environment Agency objects. If such information had been supplied it is possible that if the results of the study and proposed mitigation were to the Environment Agency’s satisfaction, the objection could be withdrawn but without such information, the development remains unacceptable.

6.8 The drainage of the site is also an issue which has been raised by local residents. At the time of writing I have not received confirmation that there is spare capacity within the drainage system locally to accept the scale of development envisaged.

6.9 In terms of the provision of parking, the scheme seeks to provide 13 car parking spaces for 5 single and 22 two bedroom flats. This does not provide one space per unit but, as the site is located within Zone 2 where current policy expects there to be 0 and 50% of parking provision. Bearing in mind the flats are two bedroomed, this provision would compute at 24% which complies with UDP policy.

6.10 Turning to effect on adjoining properties, any adverse effect would be mainly overlooking and loss of privacy due to the inclusion of windows in positions which may cause an overlooking issue. However, in the main, many of these windows could be obscured glazed or change to high level. Essentially these are in those elevations adjoining the property to the north and east but bearing in mind that the masses of building immediately adjoining other residential property have been reduced to two storeys, the effect of a dominating mass has been largely avoided. I do not consider that overlooking and dominating effect throughout the other elevations a southerly direction can be substantiated. However the eastern elevation onto Monkton Street would be a contrast in height.

7 Conclusion and Justification for Recommendation

7.1 Essentially this application seeks consent for the residential redevelopment a motor vehicle repair garage and fuel sale garage located in a predominantly residential area. Whilst there is no principle reason why this should not be done, the site is located within a Conservation Area and the justification for removal of all of the buildings, especially those which have some merit and contribute to the character of the conservation area needs to be established before a redevelopment could be contemplated.

7.2 Firstly, both the application for planning permission and conservation area consent contain inadequate detail and information in terms of the site’s context and relationship to adjoining properties and insufficient information to justify the demolition of certainly the older buildings on the site to enable consent for the demolition to be acceptable. Furthermore, to enable conservation area consent for demolition to be accepted an acceptable scheme of redevelopment must be proposed so that the redevelopment results in enhancement of the conservation area. The design of the scheme is contemporary, it uses modern materials and proportions and bears little relationship to the adjoining properties and therefore there is not a scheme which your officers can accept in design terms to redevelop the site after demolition.

7.3 There is also inadequate information supplied with the application to assess the contamination issues and risk assessment required by the Environment Agency which is contrary to PPS23 regarding land contamination and under those circumstances the redevelopment of the site should not be contemplated.

8 Recommendation

Refusal.

Conditions/Reasons:

1	The information accompanying this application is inadequate and deficient in detail in respect of land contamination and risk of pollution to controlled waters so that the Local Planning Authority is unable to consider fully the effects of the proposal on land contamination water quality and in the absence of further details it is considered that the proposal is contrary to PPS23 and Policy P3 of the Isle of Wight Unitary Development Plan.
2	The proposed development, by reason of its position, design, scale, mass and external appearance would be an intrusive development, out of character with the prevailing pattern of development in the locality as well as having an adverse effect on the amenities of the adjoining residential property and being within a conservation area fails to enhance or preserve the current amenity value and accordingly is contrary to Policies S10 (If it will Conserve or Enhance the Features of the Special Character of these Areas), B6 (Protection and Enhancement of Conservation Areas), S6 (To be of a High Standard of Design) and D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
3	The information accompanying this application is inadequate in detail in respect of the contextual analysis of the site so that the Local Planning Authority is unable to consider fully the effect of the proposal on the immediate area and the wider conservation area and in the absence of further details it is considered that the proposal would fail to enhance and preserve the amenities of the area contrary to Policy S10 (If it will Conserve or Enhance the Features of the Special Character of these Areas), B6 (Protection and Enhancement of Conservation Areas), S6 (To be of a High Standard of Design) and D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

04

Reference Number: P/01980/05 - CAC/09990/N Joint report with P/01984/05 - TCP/9990/P Parish/Name: Ryde - Ward/Name: Ryde North East Registration Date: 11/11/2005 - Conservation Area Consent Officer: Mr J Fletcher Tel: (01983) 823552 Applicant: Coombes Property Developments Conservation Area Consent for demolition of buildings in connection with outline for residential development of 27 flats in 2 blocks; alterations to vehicular access Bellevue Garage, 3a, East Street, Ryde, PO331JB These applications are recommended for Refusal

Conditions/Reasons:

1

The proposal does not provide for a suitable replacement development leaving an unsuitable gap in the streetscene which falls within the designated conservation area, failing to enhance and preserve the amenities of the area and also would be contrary to Policy S10 (If it will conserve or enhance the features of special character of these areas) and Policy B6 (Protection and Enhancement of Conservation Areas) of the Isle of Wight Unitary Development Plan.

2

The information accompanying this application is inadequate in detail in respect of the contextual analysis of the site so that the Local Planning Authority is unable to consider fully the effect of the proposal on the immediate area and the wider conservation area and in the absence of further details it is considered that the proposal would fail to enhance and preserve the amenities of the area contrary to Policy S10 (If it will Conserve or Enhance the Features of the Special Character of these Areas), B6 (Protection and Enhancement of Conservation Areas), S6 (To be of a High Standard of Design) and D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

05

Reference Number: P/02090/05 - TCP/06614/M Parish/Name: Ventnor - Ward/Name: Ventnor East Registration Date: 02/11/2005 - Full Planning Permission Officer: Mr A Pegram Tel: (01983) 823552 Applicant: Bunbury Property Development Ltd Part demolition; conversion of existing care home & new additional development to provide a total of 12 flats, a pair of semi-detached houses; new vehicular access off Madeira Road & parking St. Josephs Residential Home, 29 Madeira Road, Ventnor, PO381QS The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The Local Member, Cllr Fitzgerald-Bond has requested that this application is considered by the Committee as he raises the following concerns about the proposal:

- Overdevelopment of the site

- Inadequate car parking provision

- Possible adverse impact on traffic flows and highway safety in this section of Madeira Road

1 Details of Application

1.1 Application seeks full planning permission for partial demolition of the of building and construction of extensions and conversion of premises to form 12 flats and a pair of semi-detached houses, to include formation of vehicular access off Madeira Road and provision of car parking.

1.2 The proposal involves demolition of a two storey flat roofed extension on western side of building, and its replacement with a three storey structure to provide a pair of semi-detached houses. Houses would provide accommodation comprising kitchen/diner and wc at ground floor level, lounge, two bedrooms and bathroom at first floor level and bedroom and bathroom at second floor level. Proposal also involves partial demolition of single/two storey elements to rear of building and two storey extensions together with provision of first floor accommodation over single storey flat roofed elements to rear of building. The proposed flats would typically provide accommodation comprising lounge, kitchen, two bedrooms and bathroom.

1.3 Parking would be provided in two areas on the site. Firstly, proposal involves demolition of part of front boundary wall and excavation into the front garden area to form access from Madeira Road and parking area for three vehicles. The second element of parking is to be provided to rear of site, accessed off Spring Gardens. This will involve excavations into earth bank construction of retaining wall and formation of a hard standing capable of accommodating 10 vehicles. In addition, application site includes garage within block to rear of site. Therefore, proposal makes provision for total of 14 parking spaces.

2 Location and Site Characteristics

2.1 Application relates to site occupying elevated position on northern side of Madeira Road, bounded to rear by Spring Gardens. Original elements of property are quite substantial Victorian buildings, which have been the subject of some unsympathetic alterations and extensions. In particular, buildings have been extended to rear with single storey flat roofed elements and to west with two storey flat roofed element. Property currently has limited parking facilities, including small hard standing to the rear, a double garage within a single storey extension and a single garage within a block to the rear of the site.

2.2 Area is predominantly residential in character, comprising a variety of building types, including terraced properties and a number of large Victorian properties, as well as several more recent additions. Madeira road is of limited width with some on street parking along southern side, opposite the application site and neighbouring properties. Site also has secondary frontage onto Spring Gardens, which is a narrow private road with tarmac finish. Applicant’s architect has confirmed in writing that his client has a right of access over this road.

3 Relevant History

3.1 P/01237/00 - TCP/06614/L – An application was submitted to the authority in July 2000 for demolition of retaining wall; regarding of bank and formation of 2 additional parking spaces. This application was subsequently withdrawn.

4 Development Plan Policy

4.1 Planning Policy Guidance Note 3 – Housing, sets out the role of the planning system in relation to housing policy. Of particular relevance to the current proposal, the guidance note highlights the Government’s commitment to maximising the re-use of previously developed land and empty properties and the conversion of non-residential buildings for housing in order both to promote regeneration and minimise the amount of Greenfield land being taken for development.

4.2 Site is located within the development boundary as defined on the Unitary Development Plan. Relevant policies of the plan are considered to be as follows:

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

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

· S7 – There is a need to provide for the development of at least 8000 housing units over the plan period. While a large proportion of this development will occur on sites with existing allocations or planning approvals, or on currently unidentified sites, enough new land will be allocated to enable this target to be met and to provide a range of choice and affordability.

· G1 – Development Envelopes for Towns and Villages

· G4 – General Locational Criteria for Development

· G7 – Development on Unstable Land

· D1 – Standards of Design

· D2 – Standards for Development Within the Site

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

· H5 – Infill Development

· TR7 – Highway Considerations for New Development

· TR16 – Parking Policies and Guidelines

5 Consultee and Third Party Comments

5.1 Internal Consultees

Highway Engineer recommends conditions should application be approved.

The Council’s Structural Engineer advises that he is not aware of any historical movement on this site and suggests that details/calculations are submitted for retaining walls together with a method statement to ensure that existing slope stability is maintained during and after the completion of works. He also advises that an assessment of the foundations of the existing buildings to support additional loads can be carried out when considering an application for building regulations approval.

5.2 External Consultees

Commission for Social Care Inspection confirm that St Josephs ceased to operate as a residential care home early in 2005 and therefore did not wish to comment on the current proposal.

National Air Traffic Services advises that proposal will not conflict with their safeguarding criteria and raises no objection.

5.3 Town and Parish Council Comments

Ventnor Town Council considered that planning permission should be subject to conditions requiring widening of Madeira Road at this point, with improved footpath width by setting back the retaining wall to the property.

5.4 Third Parties/Neighbours

Application has attracted 18 letters from local residents objecting to proposal and/or expressing concern on the following grounds:

· Proposal represents over development of site, involving too many units and resulting in development out of keeping with the surroundings.

· Insufficient parking placing pressure on limited on street parking.

· Madeira Road is narrow and in poor state of repair with limited on street parking and narrow pavements.

· Suggestion by Town Council to widen road by setting back retaining wall is impossible solution due to proximity of property to this boundary.

· Formation of access to Madeira Road will create highway hazard and would lead to loss of on street parking opposite.

· Consent previously sought to open up frontage to Madeira Road to provide parking – work never carried out.

· Removal of retaining wall at this point would break up continuity over length between Kings Bay Road and Spring Gardens, detracting from character of area.

· Land in area is unstable, creation of access onto Madeira Road possibly hazardous to stability of area.

· Development would place increased pressure on services and drainage system.

· Loss of privacy.

· Whilst properties have been altered previously, this does not justify further alterations – the existing buildings are not beyond restoration.

A number of these residents indicate that they do not object to the principle of the Victorian buildings being converted into a lesser number of flats but consider the extensive redevelopment of the site as proposed to be entirely out of character with the surroundings. In addition, some concern is expressed regarding the accuracy of the plans and the information contained in the submission.

The authority has also received copy letters from two local residents to the applicant, in which they raise no objection to the proposal but wished to raise a number of issues, including the following which are considered to be material to the determination of the application:

· Spring Gardens is a private road. At completion of the development, road should be reinstated to its original condition.

· Pleasing that effort will be made to landscape the remaining bank to the rear of the property – effort should be made to retain the yew tree. One correspondent also provides list of shrubs considered to be suitable in the landscaping of the site.

6 Evaluation

6.1 Determining factors in considering proposal are considered to be as follows:

· The principle of alteration, extension and conversion of the buildings to provide residential accommodation.

· The number of resultant units and the level of car parking to be provided.

· The effect of the proposal on the surrounding area and neighbouring residential properties in particular.

· Ground stability issues.

6.2 Site is located within the development envelope for Ventnor, as defined on the Unitary Development Plan. Site is previously developed and therefore has status of a brownfield site. Proposal involves redevelopment and conversion of existing buildings to provide residential accommodation and is considered to accord with the advice in PPG3 (Housing) in respect of re-use of existing building. Having regard to these factors, I do not consider there to be any objection in principle to the redevelopment of this site for residential purposes, particularly the conversion of existing buildings with an element of new build.

6.3 The proposed development would give rise to a density of approximately 87 dwellings to the hectare. Whilst this figure is above the minimum density of 30 to 50 dwellings to the hectare, it should be noted that conversion of buildings or new build development providing flats will always give a distorted impression of the density of development. In such instances, a more appropriate measure of the acceptability of the number of units proposed is considered to be whether the proposal would have an excessive or unacceptable impact on the area in general and neighbouring properties and whether the development can adequately provide for the needs of future occupiers, including sufficient parking given the characteristics of the surrounding area.

6.4 In this instance, your officers are satisfied that the number of units proposed is acceptable and that the proposal will not have an excessive or adverse effect on the amenities of the area or neighbouring properties in particular. Concern has been expressed that the proposal will result in overlooking and loss of privacy to neighbouring properties. In particular, proposal originally included the provision of full height windows/doors in the eastern elevation at both ground and first floor level serving lounge accommodation. Given the differences in levels between the application site and amenity area within the neighbouring property and boundary treatment, it is not considered that the windows/doors at ground floor level would result in an unacceptable level of overlooking. However, the openings at first floor level would look directly onto the amenity area to the neighbouring property. Following negotiations with the applicant’s architect, the accommodation within this particular flat has been reorganised and the windows at first floor in this elevation would now serve bedroom accommodation. Consequently, it is considered that these windows would not give rise to unacceptable overlooking. Having studied the position of all other windows in relation to neighbouring properties, it is considered that the proposal will not result in an unacceptable level of overlooking or that refusal on these grounds would be justified.

6.5 Concern has also expressed that the balconies at second floor level on the proposed houses would overlook the garden area to the neighbouring property. In this respect, the submitted plans show the provision of screens on either side of the balconies, the provision of which can be addressed by a condition of the planning permission, should members be minded to approve the application. It is considered that the provision of the screens would prevent any unacceptable overlooking of the neighbouring property.

6.6 The proposal involves the removal and/or alterations to a number of unsympathetic additions, omitting large areas of flat roof and replacing them with pitched roofed elements considered to be more in keeping with the original Victorian properties, both within the application site and in the area in general. Therefore, it is considered that the proposal will generally improve the appearance of the buildings. The properties within the locality include substantial two storey dwellings together with a number of three storey buildings, particularly along Spring Gardens. Therefore, whilst the proposed three storey houses would be marginally higher than the properties fronting Madeira Road, having regard to the presence of other three storey buildings in the area together with the position of the dwellings within the site, set well back from the roadside boundary, it is not considered that this element of the development would be intrusive or out of keeping with the surroundings.

6.7 Proposal would include provision of a total of 14 parking spaces, 3 to be formed with access off Madeira Road, 10 on land fronting Spring Gardens and the existing garage, which is to be retained. Whilst the concerns of local residents regarding the current on-street parking situation are noted, the site is considered to be within reasonably easy walking distance of the facilities within the town and the level of parking is considered to be acceptable. The Highway Engineer has recommended conditions, should the application be approved, requiring the provision of parking facilities for 14 cars and 12 bicycles and in the absence of any objection from him in this respect, it is not considered that refusal on grounds of insufficient parking would be justified. Concern has been expressed that the formation of the access to Madeira Road and the creation of a parking area to the front of the property would result in the loss of on street parking along the southern side of the road, opposite the site, particularly spaces allocated for drivers with disabilities, in order to provide adequate room for vehicles entering and leaving the site to manoeuvre. However, parking directly opposite the point at which the access would be formed is restricted and your officers do not share the concerns of residents that the parking bays allocated for drivers with disabilities would be adversely affected.

6.8 On the plans which accompany the Ventnor Landslip Potential Assessment, the site is shown too predominantly within an area which is suitable for development where contemporary ground behaviour does not impose constraints on development proposals. In accordance with the requirements of this document, the application was accompanied by a report, prepared by an engineer, which examines the implications of the proposal on ground stability in the area. This information has been considered by the council’s Structural Engineer who is satisfied that the proposal will not have an adverse impact on ground stability. However, he recommends that further information and calculations for the retaining walls is submitted, together with measures to be adopted during construction work to ensure the stability of the slope is maintained. It is considered that, should members be minded to approve the application, these issues can be addressed by a condition of any consent, requiring the submission of these details prior to work commencing on site.

6.9 Concern has been expressed that the proposed development will place pressure on services and particularly the drainage system in the area. In this respect, it is understood that, when in operation as a residential care home, the building could accommodate up to 29 residents and the business employed around 25 people. This represents a relatively intensive use of the premises and it is not considered that the redevelopment of the site for residential purposes, as proposed, would result in significant change flows of foul sewage from the site.

7 Conclusions 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 the site for residential purposes is acceptable in principle and that proposal will not detract from the amenities of the area in general or neighbouring properties in particular. In particular, it is considered that the proposal involves the creation of an appropriate number of units of accommodation and makes provision for an acceptable level of parking.

8 Recommendation

8.1 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 work shall commence on site including site clearance, until a detailed method statement providing a detailed design and calculations for the proposed retaining walls, together with timescales for excavation of material and commencement of construction work and measures to be implemented during construction work to ensure stability of the slope/adjacent ground shall be submitted to and approved by the Local Planning Authority. Thereafter, work shall be carried out in accordance with the agreed method statement. Reason: To minimise the risk of the development causing instability to surrounding land and to comply with policy G7 (Development on Unstable Land) of the Isle of Wight Unitary Development Plan.
3	No development shall take place until samples of materials to be used in the construction of the external surfaces of the development hereby permitted together with the surface finish of the retaining walls to be constructed around the parking area of Madeira Road and along the back edge of the parking area off Spring Gardens 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.
4	All material resulting from the demolition works and excavated from the site as a result of general ground works, including site leveling, installation of services or digging of foundations, together with solid excavated to form the parking areas shall be disposed of outside of the site outlined in red. The material shall be removed from site prior to work commencing on the construction of the extensions/dwellings hereby approved. Reason: In the interest of the appearance of the site and amenities of the area in general and to comply with policies G4 (General Locational Criteria for Development) and D1 (Standards of Design) of the IW Unitary Development Plan.
5	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the buildings hereby permitted are occupied accordance with a timetable agreed in writing with the Local Planning Authority]. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
6	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, 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). Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
7	All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Reason: In the interests of the amenities and character of the area and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
8	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order, with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed. Reason: In the interest of privacy of neighbouring properties and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
9	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order, with or without modification), no addition or alteration to the roof of the dwelling hereby approved (including the addition of windows) shall be made. Reason: In the interests of the amenities of the adjoining properties and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
10	With the exception of the approved balconies to the dwellings, the roof areas of the buildings hereby permitted shall not be used as a balcony, roof garden or similar amenity area without the grant of further specific permission from the Local Planning Authority. Reason: In the interests of the amenities of the adjoining properties and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
11	Prior to the houses hereby approved being occupied, opaque/obscure screens shall be erected on the eastern and western perimeter of the balconies at second floor level in accordance with a specification to be submitted to and approved by the Local Planning Authority prior to work commencing on site. Such screening shall have a minimum height of 1.8 metres above the decking of the balconies and shall be retained and maintained in accordance with the approved details. Reason: In the interest of the privacy of neighbouring properties and occupants of the development and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.
12	No building shall be occupied until the means of access thereto for pedestrians and/or cyclists has been constructed in accordance with the approved plans. Reason: To ensure adequate safe provision of facilities for pedestrians and cyclists wishing to gain access to the site and to comply with policy TR6 (Cycling and Walking) of the IW Unitary Development Plan.
13	No dwelling/flat hereby permitted shall not be occupied until space has been laid out within the site and drained and surfaced in accordance with drawing number 3005/01, attached to and forming part of this decision notice, and details that have been submitted to and approved by the Local Planning Authority in writing for 14 cars/bicycles to be parked and for vehicles to be loaded and unloaded. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: To ensure appropriate level of parking for vehicles/bicycles and to comply with Policy TR16 (Parking Policies and Guidelines) of the IW Unitary Development Plan.
14	The development shall not be occupied until sight lines have been provided in accordance with the visibility splays shown on drawing number 3005/01 attached to and forming part of this decision notice. Nothing that may cause an obstruction to visibility shall at any time be placed or be permitted to remain within that visibility splay. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
15	Steps, including the installation and use of wheel cleaning facilities in accordance with details to be submitted to and approved in writing by the Local Planning Authority, shall be taken to prevent material being deposited on the highway as a result of any operation on the site. Any deposit of material from the site on the highway shall be removed as soon as practicable by the site operator. Reason: In the interests of highway safety and to prevent mud and dust from getting on the highway and to comply with policies TR7 (Highway Considerations) and M2 (Defined Mineral Working) of the IW Unitary Development Plan.
16	All construction traffic relating to the approved development shall deliver, load and unload at a location and at times on a route approved in writing by the traffic section of Engineering Services of the Isle of Wight Council. Reason: In the interest of highway safety and to comply with policies TR7 (Highway Considerations) of the IW Unitary Development Plan.
17	Prior to work commencing on site, including the delivery of plant and materials, a condition survey of Spring Gardens shall be undertaken and submitted to the Local Planning Authority. On completion of the works, a further survey shall be carried out and any remedial works required to restore the road to its condition prior to commencement of work shall be carried out and the results submitted to the Authority at the developer's expense and in accordance with details and a timescale to be agreed with the Local Planning Authority. Reason: To ensure that any damage arising from movement of vehicles attending the site in connection with the approved development is rectified and to comply with Policies D1 (Standards of Design) and TR (Highway Considerations for New Development) of the IW Unitary Development Plan.

06

Reference Number: P/02153/05 - TCP/23784/C Parish/Name: Ryde - Ward/Name: Ryde North West Registration Date: 01/11/2005 - Full Planning Permission Officer: Mr D Long Tel: (01983) 823552 Applicant: Messrs Burton & Rice Demolition of stores, workshop & flats; residential development comprising five houses, three flats & one cottage with access off John Street (revised siting/scheme)(readvertised application) 19 John Street and, garage/workshop Carters Mews, off, John Street, Ryde, PO33 The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The Local Member and Chairman of the Development Control Committee, Councillor Taylor believes the scheme is too dense and offers a poor design within the Conservation Area, having fourteen windows overlooking a Grade II Listed Building. There is also concern regarding the safety of access from the main road.

1 Details of Application

1.1 This is a full application.

1.2 The proposal comprises of the demolition of a number of stores, garages and flats and the residential redevelopment comprising of five houses, three flats and one cottage with access off John Street, Ryde.

1.3 Members must note that this is a revised scheme, reducing the number of units to nine and altering the layout and design of the development.

1.4 A terrace of four town houses which are two storey in nature, but having accommodation in the roof space run along the southern boundary of the site. They are of a traditional design making use of stock bricks, Portland lintels, quoin stones sash windows. They have small rear courtyard gardens measuring on average and approximately 19 square metres. Units 6 to 9 are two bedroomed properties having a kitchen, dining room, lounge and three bathrooms. The main principal windows face to the front and back of the properties in a north/south direction but have five windows on the west and four on the east elevation.

1.5 The cottage in the north east corner, located at the entrance of the site is a low two storey building using contrasting stock bricks to that indicated in section 1.4. The rear and side elevation fronting onto the neighbouring property’s boundary is blank, therefore leaving the principal window elevations facing into the development. This property is a small two bedroomed unit with a kitchen, lounge and two bathrooms.

1.6 The remaining residential block in the east corner of the site is predominantly three storey in nature. A two storey unit fronts this block accommodating a two bedroomed dwelling with kitchen and lounge. The development steps up to the three storey element accommodating three flats each having two bedrooms, lounge and kitchen. The materials are again similar to that of the other housing units using contrasting stone and quoins whilst utilising timber windows. The main principal windows face to the front and rear of the block in an east west direction. The north elevation has been left black. The cottage and the lounges to the flats have the benefit of windows facing in a southerly direction. This residential block benefits from a courtyard and communal garden.

1.7 The scheme has one allocated parking space per unit of accommodation. The flow of traffic will be one way, entering from John Street and exiting further up the same road. Emergency vehicles will have the benefit to enter the site from the egress access.

1.8 The external areas which include parking and access routes are proposed to be landscaped with a scheme to be agreed with the Local Planning Authority should Members approve this application.

2 Location and Site Characteristics

2.1 The site is set within the Development Envelope and Conservation Area as defined by the Isle of Wight Unitary Development Plan.

2.2 The site is of level topography being surfaced in concrete. There are 27 existing stores and garages which are single storey in height. They hold no architectural merit or character as expressed by your conservation officers. The flat and dilapidated warehouse to the east of the site also has no architectural merit or character and is visually unattractive to the wider setting of the conservation area. The flat is two storey having a pitched roof and forms the rear boundary with Woolworths.

2.3 The site is bounded by a range of land uses ranging from commercial, warehouse and residential. The southern boundary is made up of a six metre (approx) brick wall which separates the garages with a warehouse and hall fronting Newport Street. There are only two windows within this wall which seem to be unused. The rear of number 15 Newport Street also adjoins this boundary having two windows facing into the site. The rear of this property is reasonably close to the site having little to no outside amenity space.

2.4 A Grade II Listed Building known as Lulworth Lodge also forms part of the boundary to the site. Lulworth Lodge fronts into the site on the western boundary having an open aspect. It is a two storey dwelling constructed of natural stone. This dwelling obviously has architectural merit and forms an integral part of the conservation area.

2.5 The frontage of John Street holds a number of residential and commercial units all set within large three storey buildings of a traditional design. This frontage is integral to the conservation area, being typical of such an environment. These building are approximately 14 metres away from the site, being divided by rear outside spaces which have been left open or have ancillary shared structures within them. The back of these properties are reasonably enclosed and isolated within this environment. The eastern boundary of the site forms part of a larger commercial unit known as Woolworths. This part of the site is totally bounded by commercial units fronting the High Street, having varying architectural styles and characters, mainly being two storeys in nature. Woolworths itself is a large single storey flat roof building, being unsympathetic to the conservation area.

3 Relevant History

3.1 TCP/23784/B – P/00494/05. Application was withdrawn by the applicant as the Local Planning Authority were of the opinion that the scheme was not appropriate for this location, being tight to the boundaries affecting the amenities of perspective occupants of the site. The design was not in keeping or of a standard encouraged within such a locality. It was however, accepted that the principle of development should take place. The Highways Authority required a traffic survey to be undertaken forming part of resubmission.

3.2 CAC/23784/D – P/02255/05 - This is a current application for Conservation Area Consent for demolition of stores and garages. Your Conservation Officer has suggested that the current buildings have no historic interest and do not contribute positively to the Conservation Area. The replacement with an appropriate scheme will be a gain to this environment. This application forms part of the determination at this Committee.

4 Development Plan Policy

4.1 Planning Policy Guidance Note 3 (Housing) indicates that local planning authorities should encourage brownfield development with appropriate schemes, making efficient use of land at the correct density and scale.

Planning Policy guidance Note 15 (Planning and the Historic Environment) indicates that development should respect the setting of listed buildings.

4.2 The relevant Unitary Development Plan policies to be considered within this report are as follows:

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

· S2 – Development will be encouraged on land which has been previously developed (Brownfield) sites, rather than undeveloped (Greenfield) sites.

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

· S7 – There is a need to provide for the development of at least 8,000 housing units over the planned period.

· G1 – Development Envelopes

· G4 – General Locational Criteria

· G10 – Existing Surrounding Uses

· D1 – Standards of Design

· D2 – Standards for Development within the site

· D3 - Landscaping

· B2 – Setting of Listed Buildings

· B6 – Protection and Enhancement of Conservation Areas

· H1 – New Development within main Island towns

· P2 – Minimise Contamination from Development

· TR7 – Highway Considerations for New Development

· TR16 – Parking Policies and Guidelines

4.3 Supplementary Planning Guidance Note entitled “Residential Layouts” indicates in broad terms that the design of a residential layout should be sustainable and protect the local distinctiveness of an area having to respond to the character of the area. The design should pay attention to the built form, using careful approaches to the roof and chimneys, voids and solids and materials detailing.

5 Consultee and Third Party Comments

5.1 Internal Consultees

· The Highways Authority recommends conditional approval. There are existing vehicular movements to the site. The traffic survey indicates that vehicular movements will be reduced and although somewhat arbitrary, the engineer is of the opinion that there will be no significant affect to highway safety.

· The Conservation and Design Officer suggests that subject to the revised scheme, the development will be a significant improvement and is sympathetic to the characteristics of the Conservation Area and setting of the nearby Listed Building. This runs in conjunction with their comments in relation to the Conservation Area Consent for demolition of stores and garages noted within section 3.2 of this report.

· The Environment Health Department recommends conditional approval, subject to a contamination report being submitted to the Local Planning Authority.

5.2 External Consultees

· Not relevant.

5.3 Town or Parish Council Comments

Not relevant.

5.4 Neighbours

· The application has attracted ten letters of objection and a petition with sixteen signatures from twelve addresses. Members must note that some of the signatures within the petition are the same as those within the written representations. The relevant objections pertaining to this application are summarised as follows:

· It will block emergency service vehicles and traffic entering the site and will stop local residents and taxi firms driving through the area at their convenience.

· Due to the scale of the plans, unit 5 seems to be directly on the boundary of number 1 Hideaway Mews. This will create maintenance problems. A gap of one metre should be required to ensure adequate ventilation and room for maintenance.

· The scale of the development is too dense for the restricted site.

· Traffic flow will greatly increase which will cause problems for the Mews and the main Road increasing hazards to the highway.

· At least two cars will be parked per unit creating pressure on the local surrounding parking areas.

· The development is poor in design and does not reflect the character of the Conservation Area and setting of the listed building.

· There is insufficient amenity space for the development and will lead to excessive noise disturbance to surrounding properties.

· It will give rise to excessive levels of over looking.

· The development will cause a loss of light.

· The scale and mass of the buildings is inappropriate for the conservation area. The scheme sits at a juxta position with roof shapes and windows in awkward configurations.

· The development does not respect PPG15 (Planning and the Historic Environment) as it does not respect the curtilage of the Listed Building.

· There should be a net reduction of one unit with definable car parking spaces and the use of better materials.

5.5 Members must note that all the objection letters received as noted above were made before the revision of plan dated 20 December 2005. There have been no letters of objection received to date on this current application.

6 Evaluation

6.1 The main issues relating to this application are:

· The principle of development.

· The initial scheme and the revision of plans.

· Highway considerations.

6.2 The site is within the development envelope and as indicated by your Conservation Officer the existing buildings do not contribute positively to the character or enhance the special features of the Conservation Area. As indicated within section 3.2 a sympathetic redevelopment of the site would be encouraged as it could enhance the special character of the area. I am in full agreement with the Conservation Officer as the garages and stores do not contribute positively whatsoever to the Conservation Area and a sensitive residential scheme would greatly enhance not only the localised setting of Carters Mews but also the wider features of the conservation area. Members must also note that this is a brownfield site which should strongly be considered to be redeveloped both at National and Local policy level. Although the existing buildings on site are currently being used for stores and garages, this should not be a reason for refusal as the application falls within Zone 1 of the parking guidelines of the Isle of Wight Unitary Development Plan. The principle of development at this location should be accepted and that determination of this proposal should focus on the finite details of design, position and relationship of building to the conservation area.

6.3 The initial scheme received by the Local Planning Authority detailed within section 3.1 (ref TCP/23784/B) was withdrawn because the Local Planning Authority had severe concerns over the scale, mass and position within this environment. A number of the properties were located directly on the southern boundary enabling no light to enter the premises from a southerly direction creating inadequate conditions for perspective occupants. The scale, mass and design was not appropriate, having a detrimental impact to the setting of the listed building and number 15 Newport Street. The Highways Authority also required a traffic survey, as although there is existing vehicle movement in and out of the site, it was uncertain whether the proposal would create a net increase or decrease. Through extensive negotiation many alternative site layouts were considered in order to gain appropriate living conditions for perspective occupants, respecting the setting of the listed building and other surrounding properties and to enhance the special character of the conservation area whilst also providing appropriate access for vehicle movements. A herringbone/staggered pattern of development was therefore created. This formed the basis of a resubmission under the current planning application.

6.4 In consultation with the Conservation and Design Team there was dis-favour with a herringbone pattern spanning from units 6 to 10 as although when facing the frontages of the properties a pastiche design was created the herringbone did not suit the traditional design. There was concern over its proximity to Lulworth Lodge and its relationship to number 15 Newport Street. It was suggested that should the applicant wish to keep the staggered herringbone approach to the footprint, then a contemporary design should be adopted to suit this unique layout. Alternatively, the footprint of the buildings should be squared in a simple terrace following a pastiche design of a conservation area. Also, negotiating on some concern by your Officers the height of the buildings needed to be reduced in order to fit within the localised context. The Conservation and Design Team are happy with the eastern block and the detached cottage as they were sensitively designed and were positioned in such a locality as to cause no impact to the surrounding locality.

6.5 From these negotiations unit 10 of the proposal was omitted therefore freeing up more space which achieved two results. Firstly, the amenities to number 15 Newport Street were respected giving good space between the buildings. I am of the opinion that there will be no loss of amenity, loss of privacy or overlooking in this current format to number 15 Newport Street. Secondly, the reduction of one unit enabled a greater space between Lulworth Lodge and unit 9 which is now over 17 metres away. The applicant adopted the pastiche design creating a terrace of four properties, significantly lowering the roof by accommodating rooms within the roof space. This traditional approach is supported by your Conservation and Design Team as the details replicate well the characteristics of the conservation area. It provides small rear courtyards which is highly satisfactory for two bed units within this town centre location. I am of the opinion that the terrace of four properties is in accordance with Policy B6 (Protection and Enhancement of Conservation Areas) and B2 (Setting of Listed Buildings) of the Isle of Wight Unitary Development Plan as the design is both sympathetic in form, design, scale and mass.

6.6 When reasoning on the issues raised by the Local Member, I must highlight that there has never been fourteen windows overlooking the Grade II Listed Building. The current proposal only has five windows which are over 17 metres away which is arguably a sufficient distance not to cause any loss of amenity to the residents or the setting of Lulworth Lodge. It has also been suggested that the design was poor within the conservation area which could be justified. The application solves the issues creating a simple and traditional approach to the housing units which has full support of the Conservation Officer.

6.7 On reviewing drawing number 61-2004.8 (Rev A) and correlating that to the locational plan drawing number 61-2004.1 the design will make way for future development potential and in particular the hall and workshop fronting Newport Street. The rear first floor windows of the proposed units have directed views onto the boundary wall and therefore a proposal for the adjoining site could be accommodated without any issues relating to loss of privacy or outlook. Sympathetic conservation roof lights have been placed within the roofscape but this should not cause an unreasonable level of overlooking into the adjoining site whatsoever. Although the Local Planning has to treat each application on its own merits we were minded to negotiate on these aspects in order for the future redevelopment of Newport Street.

6.8 Members must note that this site is not easy to develop with respecting both the build context, third party amenities and the future potential development of adjoining sites. The scheme in its entirety is considered to respect all the above issues well. It would be hard to develop an alternative scheme that has the same attributes.

6.9 The external areas forming part of the Mews style development is shown to be landscaped and will be a positive contribution to the environment. Should Members wish to approve this application, the Local Planning Authority will ensure that all external areas are sensitively landscaped with both soft and hard landscaping, being of a high standard of design which will contribute positively to the housing development and its wider context.

6.10 The Highways Authority recommends conditional approval. It is accepted that through the study submitted by the applicant’s highway consultant there is an existing flow of traffic generation to the area and although somewhat arbitrary does give an insight in to the likely flows. This leads to the conclusion that an approval of the scheme will not result in an significant increase in traffic flows to the detriment of highway safety. The Highways Engineers suggests that armed with this data and the ability to condition that the internal road network is one way (as the applicant owns the road) the Highways Department is in a position to support this application. One issue was raised with respect to fire access but the engineer is satisfied that the road widths are acceptable to allow emergency vehicle access. The buildings are also conditioned to install a sprinkler installation, safeguarded the units in the event of a fire. It has been indicated by a number of third parties that there will be a significant increase in flow of traffic to the area but in reviewing the engineer’s comments it is apparent that this will not be the case. I must draw Members attention should be drawn to the fact that the site lies within Zone 1 of the Unitary Development Plan where parking allocation is not normally required. The applicant could easily produce a scheme with zero parking and it would be in accordance with Policy TR16 (Parking Policies and Guidelines) of the Isle of Wight Unitary Development Plan. It is encouraging that one space per unit has been provided on the site and are positioned in a sensitive and safe manner.

7 Conclusion and Justification for Recommendation

7.1 In light of all material considerations considered within this report I am of the opinion that following extensive negotiations and redesign the scheme it is appropriate for the Conservation Area, having no impact to the area or setting of the Listed Building. The proposal is deemed to be an improvement to an area as the existing buildings have no architectural merit or character and does not contribute positively to the Conservation Area. The revisions have paid respect to Lulworth Lodge and No. 15 Newport Street protecting their amenities well. By reason of the window layout and positions all neighbouring amenities are protected having good distances between buildings and built frontages. The design of the units are sensitive to the locality having full support of the Conservation and Design Team and makes way for future development potential along Newport Street. The Highways Engineer also recommends approval subject to conditions. Although there have been a number of third party objections relating to this application, the majority of concerns have been addressed through the negotiation process, or can be sufficiently covered by conditions or carry little weight to outweigh the recommendation for approval. I therefore suggest that the application is granted conditional approval by Member should they see fit.

8. Recommendation

The application is recommended for Conditional 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	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no development within Classes A to E of Part 1 of Schedule 2 to that Order shall be carried out [other than that expressly authorised by this permission]. Reason: To protect levels of outside amenity space for prospective occupants and to ensure the design of the buildings are of a high standard of design within the conservation area and to comply with Policies S6, D1, D2 and D3 of the IW Unitary Development Plan.
3	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order, with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed. Reason: To protect the levels of privacy to adjoining land users and to make way for future development potential of adjoining sites and to comply with Policies S6, D1 and G4 of the IW Unitary Development Plan.
4	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.
5	The doors and window frames of the buildings shall be constructed of timber and shall be painted and thereafter maintained in a scheme to be agreed with the Local Planning Authority prior to development commencing on site. Reason: To protect the character and appearance of the existing building and to comply with policies B1 to B8 (Listed Buildings and Conservation Areas) of the IW Unitary Development Plan
6	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.
7	Soft landscape works shall include [planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities; an implementation programme]. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
8	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.
9	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building(s) 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.
10	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.
11	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 specified in Condition 10 of this decision notice. 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.
12	The eastern vehicular access shown on the approved plan reference number 61-2004.1 shall only be used as a means of ingress to the site and the western vehicular access on the aforementioned approved plan shall only be used as egress from the site (other than to provide access for emergency vehicles). No building shall occupied until a traffic management plan showing details of the measures to be applied to ensure that drivers use the appropriate means of access and egress have been submitted to and approved in writing by the Local Planning Authority has been put into effect in accordance with the approved details. Measure shall be retained in place at all times. Reason: In the interest of highway safety and to comply with Polices TR7 (Highway Considerations) of the IOW Unitary Development Plan.
13	No dwelling hereby permitted shall be occupied until space has been laid out within the site and drained and surfaced in accordance with details that have been submitted to and approved by the Local Planning Authority in writing for 9 cars to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. The space shall not thereafter be used for any purpose other than that approved in accordance with this condition. Reason: In the interests of highway safety and to comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.
14	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 IW Unitary Development Plan.
15	Steps, including the installation and use of wheel cleaning facilities in accordance with details to be submitted to and approved in writing by the Local Planning Authority, shall be taken to prevent material being deposited on the highway as a result of any operation on the site. Any deposit of material from the site on the highway shall be removed as soon as practicable by the site operator. Reason: In the interests of highway safety and to prevent mud and dust from getting on the highway and to comply with policies TR7 (Highway Considerations) and M2 (Defined Mineral Working) of the IW Unitary Development Plan.
16	Before development commences a detailed specification of the sprinkler system shall be submitted to and approved by the Local Planning authority. The sprinkle system shall be installed in accordance with the approved details prior to the occupation of the units, unless prior written approval has been granted by the Local Planning Authority and thereafter retained and maintained at all times. Reason: In the interests of the amenities and safety of the area and to comply with Policy TR7 (Highway Considerations for New Development) of the Isle of Wight Unitary Development Plan.

07

Reference Number: P/02324/05 - TCP/17967/G Parish/Name: Ryde - Ward/Name: Ryde North West Registration Date: 23/11/2005 - Full Planning Permission Officer: Mr D Long Tel: (01983) 823552 Applicant: Isle of Wight Council Demolition of single storey w.c. block; conversion of buildings & single storey extensions to provide additional primary school accommodation to include new access ramp (revised scheme) Greenmount Primary School Green Street and, 43 Newport Street, Ryde The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

This is a Council application involving a change of use and upgrade of educational facilities at Greenmount Primary School.

1 Details of Application

1.1 This is a full application.

1.2 The proposal comprises of the demolition of a single storey toilet block, the conversion of a two storey building fronting Newport Street and the conversion of a single storey extension to provide additional primary school accommodation to include new access ramp.

1.3 The additional ground floor accommodation will provide an ICT suite and library, a music room, a large hall, toilets, plant room and a food technology classroom. The first floor accommodation will provide two large classrooms, associated toilets and a room for group work.

1.4 There are a number of external alterations to facilitate the internal workings of the building. A number of velux rooflights are also to be inserted into the roof to allow adequate light to enter the premises. The existing roof covering is to be replaced with a similar material while the windows on the side elevations are to be replaced from timber to PVCu. A 1.8m high metal fence and gate is also proposed fronting Newport Street, dividing the pavement from the curtilage of the school.

1.5 The number of pupils within Greenmount Primary School will remain the proposal will provide better facilities, freeing up space within the existing building to provide a better service and education for the children attending that school.

1.6 Pedestrian/pupil access to Newport Street will be restricted and allow only for emergency use only.

2. Location and Site Characteristics

2.1 Greenmount County Primary School is situated within the development envelope of Ryde. The main entrance to the school fronts Green Street while the rear part of the premises which forms part of this planning application fronts Newport Street. The school buildings are of a reasonable size within this urban environment but sit well within the built context.

2.2 The surrounding locality is a predominantly residential area being made up of detached, semi-detached and terraced properties of varying architectural styles and characters. The curtilages that adjoin the proposed site boundary belong to residential dwellings, most of which having reasonably sized gardens enabling the school buildings to stand on its own merit.

3. Relevant History

3.1 TCP/17967/D – The application was withdrawn as the Highways Authority raised severe concern over the creation of another principle access gained from Newport Street which would incur high traffic volumes on a street with restricted capacity.

3.2 TCP/17967/E – Formation of glazed canopy to provide covered play area; new foundation playground. The application was granted conditional approval. This proposal was along the east flank of the existing primary school building and was minor in nature having no detriment or impact.

4. Development Plan Policy

4.1 There is no national policy guidance relevant to this determination.

4.2 The relevant Unitary Development Plan policies considered within this planning application are as follows:

S1 – New Development will be Concentrated within Existing Urban Areas

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

G1 – Development Envelopes for Towns and Villages

G4 – General Locational Criteria for Development

D1 – Standards of Design

D2 – Standards for Development within the Site

D4 – External Building Works

P5 – Reducing the Impact of Noise

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

U3 – Appropriate Location for Education, Community, Social, Health and Welfare Facilities and the Promotion of Sharing and Dual Use

U5 – Schools Provision

5. Consultee and Third Party Comments

5.1 Internal Consultees

The Highways Authority raise no objection as there are no highway implications.

The School Travel Plan Advisor has commented that Greenmount Primary School is currently engaged in writing their travel plan. Members must note that the school is not increasing their capacity but remaining as existing. Therefore it is not essential that a School Travel Plan is required by the Local Planning Authority in this instance.

The Environmental Health Department suggest that a noise assessment is required showing expected noise levels from the machinery located within the plant room.

5.2 External Consultees

None.

5.3 Town or Parish Council Comments

Not applicable.

5.4 Neighbours

To date there have been no letters received from neighbours.

6. Evaluation

6.1 The main issues relating to this application are:

The principle of the change of use of the building to provide additional educational facilities for Greenmount Primary School.

The modification/changes involved within the change of use.

Consultees responses pertaining to the application.

6.2 It is clear when looking at the Isle of Wight Unitary Development Plan that the site is adjoining designated educational land within the development envelope and the principle of development is accepted. Policy U5 (Schools Provision) clearly indicates that the Council will safeguard any identified land required to ensure that a school or educational establishment can continue to maintain an appropriate level of service. On entering the existing building in which the 135 pupils use it is clear to see that the conditions are cramped. The proposal will provide much needed space to create a better educational facility for both the teaching staff and children. It will enable both the creation of two classrooms, ICT and library suite and large hall but will also free up space within the existing building. I therefore suggest that the principle of development within this building is supported in policy terms.

6.3 The modifications will be sympathetic to the existing built context of the area and the changes will not detrimentally affect the character, setting or architectural style of the existing building. The changes will have no detrimental impact to adjoining properties as they are relatively minor and insignificant. Some aspects of the building will actually be improved as the surface treatments will be repainted, rendered, surfaced or rebuilt.

6.4 The Highways Authority raise no objection as the principle issue noted within TCP/17967/D has been resolved. That application was withdrawn as the Highways Authority were not satisfied that Newport Street could accommodate additional traffic needs from parents dropping off their children at another principle access. The Highways Authority are now satisfied that the access off Green Street will remain the main principle entrance to the school, while the doors depicted on the plans forming part of the conversion to this proposal will simply be for fire escape purposes.

6.5 The School Travel Plan Advisor suggests that a School Travel Plan is being initiated by the school. The Local Planning Authority normally requires that a School Travel Plan is initiated when the number of school children is to increase, having implications on the road infrastructure and travel modes. Although in this instance the school is initiating a School Travel Plan this does not form an integral part of the determination process as the capacity is remaining as existing.

6.6 Whilst the Environmental Health Department required a noise assessment report in respect of the originally proposed music room and plant room, revised plans have now indicated the replacement of the music room by a group room and the flue to the boiler discharging onto the school premises away from the nearest residential property.

7. Conclusion and Justification for Recommendation

7.1 Principle of development is acceptable as it will allow for better educational facilities for the existing school, providing better working conditions for the school to operate in.

7.2 All the proposed changes are sympathetic to the locality, having no detrimental impact to the architectural style, setting or character of the existing building or the surrounding residential dwellings. The main issues arising from the previous withdrawal have been resolved and are further conditioned to remain so. There will be no unreasonable impact or loss of amenity to adjoining properties or neighbours within the locality.

8. Recommendation

I am of the opinion that with regard to all material considerations outlined within this report that the application can be supported subject to relevant planning conditions. The application is therefore recommended for conditional 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 details of the materials and finishes to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: In the interests of the amenities of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
3	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building hereby permitted is occupied. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
4	The fire escape doors as shown on drawing number G10.01 Rev B shall be retained for such a purpose at all times and shall not be used as a secondary or main access to the school at any time. Reason: To prevent the accesses being used as a principal entrances, stopping excessive vehicular traffic movement along Newport Street and to comply with Policy TR7 (Highway Considerations for New Development) of the IW Unitary Development Plan.

08

Reference Number: P/02379/05 - TCP/27424 Parish/Name: Northwood - Ward/Name: Northwood Registration Date: 01/12/2005 - Full Planning Permission Officer: Mr S Wiltshire Tel: (01983) 823552 Applicant: Mr S Wratten End of terrace house; alterations to existing vehicular access and formation of new vehicular access and parking area 36 Fieldway Crescent, Cowes, PO318AJ The application is recommended for Conditional Permission

REASON FOR COMMITTEE CONSIDERATION

The Local Member, Councillor R G Mazillius, lives in close proximity to the application site and has submitted a written objection to the proposed development as a local resident. Consequently, it would not be possible for determination to be made through the scheme of delegation.

1. Details of Application

Full planning permission is sought for the erection of a two storey end terraced house, adjacent to No. 36 Fieldway Crescent. The proposed dwelling would have a depth of 10.0 metres, a width of 4.7 metres with a gabled roof to a height of 7.2 metres. Internal accommodation would comprise a lounge, kitchen/diner and w.c. on the ground floor, with three bedrooms, including one en-suite, and a separate family bathroom at first floor level.

The bulk, scale and massing of the proposed dwelling would mirror the existing semi-detached houses in Fieldway Crescent, the only difference being a slightly narrower window arrangement.

The plans show that the proposed dwelling, as well as the existing property, would each have two off-street car parking spaces provided in a tandem arrangement on a hard-standing within the front garden area. The properties would be served via separate accesses onto Fieldway Crescent. A 1 metre wide pedestrian access would be provided to the side of the dwelling, adjacent to the boundary with No. 38 Fieldway Crescent.

2. Location and Site Characteristics

The application relates to a rectangular area of land fronting the northern side of Fieldway Crescent. Site has a frontage of 5.7 metres and a depth of approximately 36 metres. The site currently provides a side garden area to No. 36 Fieldway Crescent and is occupied by a single detached garage and other outbuildings serving that property.

The northern side of Fieldway Crescent is characterised by pairs of semi-detached houses constructed in the 1960’s which have a relatively spacious setting. Many of the properties have single flat roofed garages located in the front garden areas. There is a mixture of semi-detached and detached bungalows on the southern side of Fieldway Crescent, with further semi detached properties in Cranleigh Gardens to the north of the application site. Some of the properties in this area have previously been extended

3. Relevant History

3.1 There is no relevant planning history which relates to the application site.

4. Development Plan Policy

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

4.2 The Isle of Wight Unitary Development Plan (UDP) identifies the application site as being within the development envelope boundary for Cowes, no other specific policy designations apply. Relevant UDP policies are as follows;

S1 – New development will be concentrated within existing urban areas

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

G1 – Development envelopes for Towns and Villages

G4 – General locational criteria for development

D1 – Standards of design

D2 – Standards for development within the site

H4 – Unallocated residential development to be restricted to defined settlements

H5 – Infill development

TR7 – Highway considerations for new development

TR16 – Infrastructure and services provision

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

5. Consultee and Third Party Comments

5.1 Internal Consultees

The Highway Engineer has recommended that a condition is imposed should the application be approved.

5.2 The comments of Cowes Town Council are still awaited and will be reported to Members at the Meeting.

5.3 Third Parties/Neighbours

A total of 10 letters have been received from local residents which raise objections to the proposed development. In addition, a petition containing 22 signatures objecting to the development has been received, although one of these signatories has subsequently written in to support the proposal. The points raised in these objections can be summarised as follows:

Adverse visual impact within the street scene

Precedent creating a row of terraces

Parking congestion with the area

Inadequate drainage system

Proximity to boundary cutting out light.

6. Evaluation

6.1 The application site is within the development envelope for Cowes, therefore the erection of a new dwelling is considered to be acceptable in principle provided that the issues set out below are satisfied.

6.2 Visual impact within the street scene

The northern side of Northfield Road is characterised by pairs of semi-detached houses which are set apart by approximately 11 metres and have a slightly staggered layout in terms of their set back from the highway. One property (No. 18) has a two storey side extension, with a number of the other properties having single storey extensions to the side. In addition, most properties have a single storey detached garage located in the front garden area.

6.3 The proposed house would be of the same size and scale as the existing properties, and would be set away from the boundary with No. 38, the neighbouring property, by 1 metre. With the pattern of existing built development in Fieldway Crescent it is considered that the proposed dwelling would not appear visually cramped or overcrowded in the street scene. Other properties in Fieldway Crescent have hardstanding areas situated within their front gardens and no garage, thus the loss of the detached garage to the front of the property and its replacement with areas of hardstanding would be acceptable. For these reasons it is considered that the refusal of planning permission could not be sustained on grounds that the proposal would have a significant adverse impact on the character and appearance of the area, or a precedent such an approval would have. Therefore the proposal is considered to be in accordance with Polices D1, D2 and G4 of the UDP.

6.4 Design

The proposed dwellinghouse would be virtually identical in terms of design to the existing semi-detached properties. The only difference in design would be the window proportions, which would be slightly smaller in width in the proposed dwelling. Overall Officers consider that the design of the proposed dwelling is appropriate for its location and would be visually acceptable within the street scene.

6.5 The submitted plans show that the proposed and existing dwellings would each have private rear gardens areas with dimensions of approximately 12 metres by 5 metres. The amenity areas are considered to be satisfactory to serve the size of dwellings.

6.6 Impact on neighbouring properties

The proposed dwelling would be sited 1 metre from the boundary with No. 38 Fieldway Crescent. No. 38 has an obscure glazed bathroom window at first floor level in the side elevation, and a single storey side extension which appears to provide a utility room. The proposed window in the side elevation of the proposed dwelling would serve a bathroom. Any concerns about overlooking of the neighbouring dwelling could be addressed through an obscure glazing condition, should permission be granted.

6.7 The proposed dwelling would be sited approximately 25 metres from the rear of properties in Cranleigh Gardens, which allows for an acceptable separation distance to prevent any direct overlooking.

6.8 Access and Parking

The submitted plans show that the existing and proposed dwellings would each be provided with 2 off-street car parking spaces in a tandem arrangement, with each dwelling having a separate access onto Fieldway Crescent. The Highway Engineer has no objection to the proposal and requested that a condition relating to the height of the boundary structures adjacent to the highway be imposed, should the application be approved. The proposed number of parking spaces is compliant with Policy TR16.

6.9 Trees

The trees which are located adjacent to the northern boundary of the site are afforded protection through a Tree Preservation Order. The proposed dwelling would be sited over 12 metres away from these trees, and would not result in any disturbance to them. The proposal would therefore be in accordance with the aims of Policy C12 of the UDP.

6.10 Drainage

Since the application is for a single dwelling, if Members are minded to grant planning permission, satisfactory means for the disposal of foul and surface water can be dealt with through the imposition of a condition requiring the submission of drainage details. Therefore the proposal is consistent with the requirements of Policy U11.

7. Conclusion and Justification for Recommendation

7.1 Having due regard and appropriate weight to all material considerations outlined in this report, it is considered that the application site is of sufficient size to accommodate an end of terrace dwelling without being detrimental to the amenities or privacy of neighbouring occupiers, or the character and appearance of the area in general. The scale, mass and design of the proposed dwelling are considered to be appropriate for this residential area and Officers confirm that the proposed vehicular access to the site and off-street parking provision is satisfactory without adding to the hazards for other highway users. Accordingly, the proposal is consistent with the objectives of the UDP.

8. Recommendation

Conditional permission.

Conditions/Reasons:

1	The development hereby permitted shall be begun before the expiration of 3 years from date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2	No development shall take place until samples of materials 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	The bathroom window located in the side elevation of the dwelling hereby approved shall be fitted with obscure glass prior to occupation and in accordance with a specification to be submitted for the approval of the Local Planning Authority prior to work commencing on site. Thereafter, the window shall be maintained in accordance with the approved details. Reason: To protect the privacy of the neighbouring property and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
4	No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development. Reason: To ensure the appearance of the development is satisfactory and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
5	All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Reason: In the interests of the amenities and character of the area and to comply with policy D3 (Landscaping) of the IW Unitary Development Plan.
6	No development shall take place until details have been submitted to and approved in writing by the Local Planning Authority of the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building hereby permitted is occupied. Development shall be carried out in accordance with the approved details. Reason: In the interests of maintaining the amenity value of the area and to comply with policy D1 (Standards of Design) of the IW Unitary Development Plan.
7	Development shall not begin until drainage works have been carried out in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure an adequate drainage system is provided for the development and to comply with policy U11 (Infrastructure and Services Provision) of the IW Unitary Development Plan.
8	Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no development within Classes A to E of Part 1 of Schedule 2 to that Order shall be carried out [other than that expressly authorised by this permission]. Reason: Varies: Officer to provide specific Condition.
9	No part of any boundary wall or fence erected on the site frontage, nor any hedge planted to mark the boundary or alongside any such boundary, wall or fence, shall at any time be permitted to be more that 1.0 metres above the level of the carriageway, and the resultant visibility splays shall be kept free of obstruction. Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

ANDREW ASHCROFT

Head of Planning Services