PAPER B2

 

Committee:    DEVELOPMENT CONTROL SUB COMMITTEE

 

Date :              25 SEPTEMBER 2006

 

Title :               PROPOSED CONDITIONS FOR OUTLINE PLANNING PERMISSION FOR THE REGENERATION OF EAST COWES SUBMITTED BY SEEDA AND ENGLISH PARTNERSHIPS

 

                        REPORT OF THE DEVELOPMENT CONTROL TEAM MANAGER

 

 

 


P/00027/06 – TCP/27465

 

Demolition of Venture Quays, Trinity House Depot, Red Funnel ticket office, Public Conveniences and Camelia; outline for a mix of uses including employment, retail, health facility, community facilities, marine heritage experience, events space, hotels, residential and ferry marshalling facilities, together with associated highway and junction improvements to include new road from Church Path to Old Road; public transport interchange, car parking and servicing, open space and landscaping, flood defence measures and site remediation works; full permission for land reclamation works to the west of Venture Quays (plots 7A, 7C & 8B part)

 

Venture Quays/Trinity House Depot & Wharf/former North Works/land to west of Sylvan Avenue, Red Funnel Marshalling Yards/Public Conveniences/Well Road Car Park/located in vicinity of, Castle Street, East Cowes, PO32

 

PURPOSE

 

1.         The purpose of this report is to seek Members’ agreement for the planning conditions to be attached to the outline planning permission supported by Development Control Sub Committee meeting of 11 July 2006.  The decision will be referred to the Secretary of State as a departure to the Unitary Development Plan.

 

BACKGROUND

 

2.         Members will recall that at the special Development Control Sub Committee meeting of 11 July 2006 held in East Cowes Town Hall, it was resolved to grant planning permission for the regeneration of the heart of East Cowes.  Members requested at that meeting that proposed planning conditions be agreed by them prior to referral of the matter to the Secretary of State and the issue of the decision notice.  Following ongoing discussions between the applicants, Urban Vision (consultants assisting the Isle of Wight Council in the determination of the planning application) and Council Officers, the proposed conditions have been agreed.  These are attached as an appendix to this report.

 

3.                  At the meeting of 11 July Members also requested that all reserved matters and issues pertaining to the regeneration of East Cowes in accordance with the outline permission be reported back to future Development Control Committee meetings.  Officers are happy to do this in order to maintain appropriate and consistent control over the implementation of the scheme.

 

RISKS AND OPTIONS

 

4.                  The proposed conditions have been scrutinized and discussed with officers of other relevant services and negotiated with the applicant.  Officers consider them to be appropriate and justified.

 

FINANACIAL IMPLICATIONS

 

5.         There are no financial implications for the Council in the agreement of planning conditions.

 

RECOMMENDATION

 

It is recommended that the proposed conditions as outlined in this report are agreed by members of the Development Control Sub Committee.

 

 

Phil Salmon

Development Team Manager

 

 


APPENDIX

Conditions/Reasons:

 

1.                  The development of the ferry marshalling facilities (as shown on Drawing No. 1953/05/1210A received 4 July 2006) and land reclamation works (as shown on Drawing No. SK/01/C received 5th January 2006) hereby permitted shall be begun before the expiration of 15 years from the date of this permission.

 

Reason: In recognition of the scale of the project proposals and the wider regeneration benefits.

 

2.                  No development of the ferry marshalling facilities (as shown on Drawing No. 1953/05/1210A received 4 July 2006) shall be commenced unless and until a scheme detailing its layout and surfacing, the position, design, height and materials of any boundary treatments and full landscaping details for this area have been submitted to and agreed in writing by the Local Planning Authority. The development shall proceed in strict accordance with the approved details and maintained as such thereafter.

 

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 of the ferry marshalling facilities (as shown on Drawing No. 1953/05/1210A received 4 July 2006) shall be commenced unless and until a scheme detailing the management of the ferry marshalling facilities has been submitted for the written approval of the Local Planning Authority.  The scheme shall include details of the operation of the facilities and noise attenuation measures to be implemented to safeguard the amenities of nearby existing and future residents.  The noise attenuation scheme shall include details of specific design features measures to protect the amenities of existing and future residents against low frequency noise and vibration. Such measures shall be implemented prior to the ferry marshalling facilities first being brought into use and shall be retained as such therafter.  Following the written approval by the Local Planning Authority the operation and management of the ferry marshalling yard shall proceed in strict accordance with the approved details 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

 

4.                  No development of the ferry marshalling facilities (as shown on Drawing No. 1953/05/1210A received 4 July 2006) shall be commenced unless and until full details of the size, siting, height, access details, design and external appearance of the ferry ticket office building have been submitted to and approved in writing by the Local Planning Authority. The development shall proceed in strict 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.                  No development of the ferry marshalling facilities (as shown on Drawing No. 1953/05/1210A received 4 July 2006) 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.  Such scheme shall demonstrate through the use of a lux diagram the intensity of light within the marshaling yard and the adjacent existing and proposed uses of land and any proposals to mitigate any unacceptable light spillage. The development shall be carried out in strict accordance with the approved lighting scheme 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.

 

6.                  No development of the ferry marshalling facilities (as shown on Drawing No. 1953/05/1210A received 4 July 2006) shall be commenced unless and until a site investigation report (the Report) has been submitted to and approved in writing by the Local Planning Authority. The site investigation shall address the nature, degree and distribution of ground contamination and ground gases on that part of the 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 site 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 site investigation shall include a risk assessment an options appraisal and details of remedial works and a timescale/programme for their implementation.

 

No development on that part of the site shall be commenced unless and until the methodology for the risk assessment and the sampling and analytical strategy has been submitted to and approved in writing by the Local Planning Authority. The site investigation shall be carried out in accordance with the approved details.  

     

      The development on that part of the site shall be carried out in accordance with the approved Report including its recommendations, remedial works and the timescale for implementation.

       

      Prior to discharge of the Contaminated Land Condition, a Site Completion Report for that part of the site shall be submitted to the Local Planning Authority for approval.  The Site Completion Report shall validate that all works and their timing 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

 

7.                  No development associated with the land reclamation works (as shown on Drawing No. SK/01/C received 5th January 2006) shall be commenced until full details of the materials and finishes to be used in the construction of the external surfaces of the land reclamation works 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.

 

8.                  No development associated with the land reclamation works (as shown on Drawing No. SK/01/C received 5th January 2006) shall be commenced until full details of the methods to be used in the construction of the land reclamation works, including hours of operation have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the agreed methods and hours of operation.

 

Reason:  In the interests of the amenities and character of the area and to comply Policies C1 (Standards of Design), C8 (Nature Conservation as a Material Consideration) and C9 (Sites of International Importance for Nature Conservation) of the IW Unitary Development Plan.

 

      Proposed Conditions Relating to Whole Application Site

 

9.                  Applications for approval of reserved matters must be made not later than the expiration of 13 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.

 

10.              No development shall be started for each phase of development 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.

-                          means of access (other than Church Path to Old Road)

 

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.

 

11.              The development on this site shall be carried out in substantial accordance with the zoned areas illustrating the ground and upper floor uses (as shown on Drawing Nos. 1953/05/1202A and 1203 received 5th January 2006) and the maximum heights of buildings within these areas (as shown on amended Drawing No. 1953/05/1204A received by e-mail 20th June 2006).

 

Reason: In order to secure a satisfactory development that is in compliance with the Environmental Statement and in accordance with policies S5 and S10 of the IW Unitary Development Plan.

 

12.              The development on this site shall meet the general principles of circulation, movement and highway improvements as shown on illustrative plan 14296/002/060G.

 

Reason: In order to secure satisfactory development in compliance with the Environmental Statement and in the interests of highway safety in accordance with Policy TR7 (highway considerations) of the IW Unitary Development Plan. 

 

13.              No more than 10, 488 sq m total floorspace of B1, B2 and B8 (Employment) uses; 4, 495 sq m total floorspace of A1, A2, A3, A4 and A5 (Retail) uses; 910 sq m total floorspace of D1 (Health) uses; 1, 065 sq m total floorspace of D1 (Community) uses; 7, 620 sq m total floorspace of C1 (Hotels) uses; and 550 units of C3 (Residential Dwellings) shall be constructed within the application site.

 

Reason:  In accordance with 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.

 

14.              All uses, construction of buildings 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.

 

15.              A phasing programme for the development shall be submitted to and approved by the Local Planning Authority in writing before any above ground operations are commenced. The programme shall include the withholding of residential development adjacent to the Sylvan Avenue area (as shown on plan ref: 1953/05/1210) for a five year period from the date of this permission. The development shall proceed in accordance with the approved phasing programme, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To ensure the development is carried out in a properly phased manner in compliance with policy G4 (General Locational Criteria for Development); to protect the nature conservation and bio-diversity of the site in accordance with policy C8 (Nature Conservation) and in accordance with D2 (Standards for Development within the Site) of the IW Unitary Development Plan.

 

16.              Applications for the approval of Reserved Matters shall be accompanied by full details of the location and layout of the site compound (s) for that part of the site. The development of the site compound 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.

 

17.              Applications for the approval of Reserved Matters that incorporate residential uses at plots 4A, 4B and 7C (as shown on plan ref: 1953/05/1206) shall be accompanied by a report incorporating detailed noise and vibration and air quality assessments in respect of the impact of ferry movements and the marshalling yard activities and shall include a mitigation strategy. The report shall include details of specific design features to protect future residents against low-frequency noise and vibration. The development shall be carried out in strict accordance with the approved details and the agreed design features shall thereafter be retained.

 

Reason: To safeguard the amenity of existing and future residents, in accordance with policy P5 of the IW Unitary Development Plan.

 

18.              Applications for the approval of Reserved Matters that incorporate residential development at plots 1A, 1B, 1C and 1D (as shown on plan ref: 1953/05/1206) shall be accompanied by a report that includes a detailed assessment of root protection zones and shade casting. The development shall be carried out in strict accordance with the approved details and incorporate any mitigation measures identified.

 

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.

 

19.              Applications for the approval of Reserved Matters shall be accompanied by a site investigation report. The site investigation shall address the nature, degree and distribution of ground contamination and ground gases on that part of the 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 site 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 site investigation shall include a risk assessment an options appraisal and details of remedial works and a timescale/programme for their implementation.

 

No development on that part of the site shall be commenced unless and until the methodology for the risk assessment and the sampling and analytical strategy has been submitted to and approved in writing by the Local Planning Authority. The site investigation shall be carried out in accordance with the approved details.  

     

      The development on that part of the site shall be carried out in accordance with the approved Report including its recommendations, remedial works and the timescale for implementation.

       

      Prior to discharge of the Contaminated Land Condition, a Site Completion Report for that part of the site shall be submitted to the Local Planning Authority for approval.  The Site Completion Report shall validate that all works and their timing 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

 

20.              Applications for the approval of Reserved Matters for buildings shall be accompanied by full details of the arrangements for the storage and collection of refuse and recycling facilities. The details shall include the location, design and screening of such facilities. The development shall be carried out in accordance with the approved details and thereafter maintained.

 

Reason: To ensure that adequate provision is made for the provision of bin and recycling facilities and collection of waste in accordance with Policy W1 of the IW Unitary Development Plan.

 

21.              Applications for approval of Reserved Matters submitted pursuant to this permission relating to the design of new buildings and to the landscaping of the public realm shall be accompanied by a design statement which explains the underlying approach of the design.

 

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).

 

22.              Applications for the approval of Reserved Matters in respect of buildings shall be accompanied by a scheme demonstrating the incorporation of energy efficiency and conservation measures (including renewable energy options) into the design and operation of the buildings. 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.

 

23.              Applications for the approval of Reserved Matters shall be accompanied by a scheme detailing the proposals for artificial lighting.  The development shall be carried out in strict accordance with the approved lighting scheme.

 

Reason:  In the interests of maintaining the amenity value of the area to comply with policy D4 (Light Spillage) and to protect the nature conservation and bio-diversity of the site in accordance with policy C8 (Nature Conservation) of the IW Unitary Development Plan.

 

24.              Applications for the approval of Reserved Matters shall be accompanied by full details of the existing and proposed ground levels for that part of the site. 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.

 

25.              No construction traffic shall enter the public highway during the site development 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 comply with policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

 

26.              The development shall proceed in accordance with the maximum car parking, cycle parking and lorry parking standards detailed in Table 7.6 of the Transport Assessment. Applications for approval of Reserved Matters shall be accompanied by full details of the level of parking provision and its location and in the case of cycle parking, details of the storage facilities and location. Details of disabled persons car parking provision shall also be submitted. The development shall be carried out in accordance with the approved details.

 

Reason:  In compliance with policy TR16 (Parking Policies and Guidelines) of the IW Unitary Development Plan.

 

27.              Piling or any other foundation designs using penetrative methods will not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant risk to groundwater.

 

Reason:  To prevent pollution of the water environment to comply with Policy U19 of the IW Unitary Development Plan.

 

28.              Prior to the commencement of each phase of development including site clearance and preparation a construction code shall be submitted to and approved in writing by the Local Planning Authority for that phase of development.  The code shall include details of noise and vibration management; dust management; routing and access and timing for construction traffic; timing of delivery of materials and collection of equipment; provision and use of on-site parking for contractors and workpeople’s vehicles; security arrangements and contact details (including in the event of emergencies).  The construction of each phase of the development shall be carried out in strict accordance with the approved construction code 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.

 

29.              Construction works should not occur before 07.00hrs or after 18.00hrs Monday to Fridays inclusive and Saturdays 07.00 to 13.00hrs and there should be no working or deliveries to the site outside those hours, 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.

 

30.              No scrub clearance should take place between the months of March to July inclusive on plots 1C, 1D, 8G, 8I and 8J.

 

Reason: In order to prevent disturbance to wildlife and habitats in accordance with policy C8 (Nature Conservation) of the IW Unitary Development Plan.

 

31.              Prior to the commencement of works on the Barracks building, it shall be surveyed by a competent bat specialist to establish the potential to protect bat roosts. If the presence of bats is recorded mitigation measures shall be first submitted to and agreed in writing by the Local Planning Authority. The works 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.

 

32.              Notwithstanding the details contained within the ES, no above ground development shall be commenced unless and until a detailed pedestrian and cyclist access strategy including timescales for its implementation has been submitted to and approved in writing by the Local Planning Authority. The strategy shall include for each phase of development details of the network of paths and links to existing routes. The strategy shall include 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, in accordance with policies TR17 (Public Rights of Way) and TR6 (Cycling and Walking) of the IW Unitary Development Plan.

 

33.              No development shall take place on site for each phase of development until a scheme for the disposal of foul and storm water/surface water has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall not be occupied until the agreed scheme of foul and storm/surface water disposal has been implemented and is operational to the reasonable satisfaction of the Local Planning Authority.

 

Reason:  To ensure that surface water run-off is satisfactorily accommodated and to comply with policies G6 (Development in Areas Liable to Flooding) and G7 (Development on Unstable Land) of the Isle of Wight Unitary Development Plan and to minimise the risk of pollution and to comply with policy P1 (Pollution and Development) of the Isle of Wight Unitary Development Plan.

 

34.              No development shall be commenced for each phase of development unless and until a scheme outlining the overall provisions for open space within or adjacent to the proposed residential development sites and including a landscape management plan, detailing long-term design objectives, management responsibilities and maintenance schedules for all landscaped areas, other than privately owned domestic gardens has been submitted to and approved in writing by the Local Planning Authority. The open space provision and landscape management shall be carried out in accordance with the approved details

 

Reason: To ensure a satisfactory level of amenity for future residents and to ensure the provision of long-term maintenance at the site, in accordance with Policies L10 (Open Space in Housing Development) and D3 (Landscaping) of the IW Unitary Development Plan.

 

35.              No development shall be commenced for each phase of development within the application site until the applicant has secured the implementation of a programme of archaeological works 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: To preserve by record archaeological remains of local and regional importance in compliance with in Ministerial Circular DOE 11/95 and in PPG 16 and Policy B9 of the Isle of Wight Unitary Development Plan.

 

36.              Each phase of the proposed development must provide appropriate flood defence measures for that phase to protect against the 1 in 200 year extreme tidal event for the year 2015 and the 1 in 100 year fluvial event. Applications for approval of Reserved Matters for buildings within the flood plain shall be accompanied by a detailed flood risk assessment demonstrating protection against the 1 in 200 year tidal and 1 in 100 year fluvial events. The assessment shall include details of the design, construction, long term maintenance and renewal of defences. The development shall proceed in accordance with the approved flood defence measures.

 

Reason: To ensure the provision of adequate flood defences to the required standard, in accordance with PPG25 and policies G6 (Development in Areas Liable to Flooding) and C5 (Coastal Protection Works – Developed Coastline) of the IW Unitary Development Plan.

 

37.              Prior to the commencement of each phase of development, a report shall be submitted to the Local Planning Authority to demonstrate that there is no increase of flood risk during the construction phase.

 

Reason: To reduce flood risk to the site during construction in accordance with PPG25 and policies G6 (Development in Areas Liable to Flooding) and C5 (Coastal Protection Works – Developed Coastline) of the IW Unitary Development Plan.

 

38.              No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant risk to controlled waters.

 

39.              No development of the approved access road as shown on drawing 14926/002/090 shall be commenced unless and until a scheme detailing the arrangements for linking the road at its southern end to Church Path and/or Well Road have been submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be implemented prior to the occupation of the 200th dwelling. 

 

Reason:          In the interests of highway safety in accordance with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

 

40.              No development shall be commenced leading to the loss of Trinity Wharf as a deep water frontage until the deep water frontage has been reprovided at Venture Quays.

Reason:          To ensure the reprovison of deepwater frontage in accordance with policy E7 (employment sites with deep water frontage) of the IW Unitary Development Plan.

 

 

Informatives:

 

1.                    The approved drawings for this planning application are as follows:

 

1953/05/1201, 1202A, 1203, 1204A, 1210, 1210A, SK01C, 14926/002/090 and 72100/TRE/009A and 010.

 

2.                    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.

 

3.                    This grant of planning permission does not authorise the closure or diversion of any public right of way until the appropriate order has been made.

 

4.                    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.

 

5.                    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.   

 

6.                    The applicant's attention is drawn to the contents of the attached letter from the Environment Agency.

 

7.                    The applicant's attention is drawn to the contents of the attached letter from Southern Water.

 

8.                    A formal application for connection to the water supply is required in order to service this development. Please contact Southern Water’s Network Development Team (Water) based in Chatham, Kent.

 

9.                    The developer must advise the local authority (in consultation with Southern Water) of the measures which will be undertaken to protect the public sewers, prior to the commencement of the development.

 

10.                 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.

 

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

 

12.                 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.

 

13.                 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.

 

14.                 The following policies from the Isle of Wight Unitary Development Plan were considered relevant in determining this application: H3(64), W5, R1, L4, S1, S2, S3, S7, S11, S14, G1, G4, G6, G10, D1, D2 D13, D14, B2,  B6, B7 ,B9, H1, H2, H4, H14, T1, T2, E1, E3, E7, E9, C5, C8, C9, C12, P1, P5, TR1, TR3, TR4, TR6, TR7, TR8 , TR10, TR11, TR16, TR17, TR2, R4, U1, U2, U3, U11 and L10.